28 October 2021
The relationship between the union and its members is fiduciary in character. This means that the union is but an agent of its members for the purpose of securing for them fair and just wages and good working conditions. It is also the obligation of the union to give its members, as its principals, all information relevant to the union and labor matters entrusted to it. Thus, labor tribunals have the duty to protect workers from the unfair treatment and unjust exploitation not only by oppressive employers but also by their own unworthy leaders. (Heirs of Cruz v. CIR, G.R. L-23331-32, 27 December 1969)
By express provision of Article 292 (c) of the Labor Code, any employee, whether employed for a definite period or not, shall, beginning on his first day of service, be considered an employee for purposes of membership in any labor union. However, an employee cannot invoke an absolute right to union membership. (Local 7 Press and Printing Free Workers v. Tabigne, G.R. L-16093, 29 November 1960) Under the law, the law prohibits managerial employees and confidential employees to form, join, or assist labor organizations. The rationale for this prohibition is their nature of work requires them to be privy to sensitive and confidential records. (Standard Chartered Bank Employees Union v. Standard Chartered Bank, G.R. 161933, 22 April 2008) Hence, it is not far-fetched that in the course of the collective bargaining negotiations, they might jeopardize that interest which they are duty-bound to protect.
It is also worth mentioning that an employee has the right to join or not to join a labor union. (Victoriano v. Elizalde Rope Workers Union, G.R. L-25246, 12 September 1974) A member of a labor union may leave and cancel his membership at any time. The same may not be said, however, in case there is a valid union security clause in the collective bargaining agreement such as closed-shop or union-shop agreement between the management and the union. In such a case, the employee concerned is duty-bound to keep his union membership for the duration of the CBA as a condition for his continued employment. The only exception to this is when the employee objects to such membership on the ground of religious belief. (Id.)
Unions are also authorized to collect reasonable amounts of membership fees, union dues, and agency fees in the case of a sole and exclusive bargaining agent (SEBA). “Check-off” is a method of deducting from the employee’s pay at prescribed periods, any amount due for fees, fines, or assessment. It is a process where the employer, on agreement with the SEBA, or on prior authorization from its employees deducts union dues and assessments from the latter’s wages and remits them directly to the union. (Gabriel v. Hon. Secretary, G.R. 115949, 16 March 2000) Agency fees are collected from non-members of the SEBA but covered by and included in the bargaining unit who accept the benefits provided in the collective bargaining agreement.
There are isolated cases when a union advances its officers’ personal interests rather than the plight of their members in general. When this unfortunate event happens, the law provides for a remedy in the form of cancellation of union registration. The grounds for cancellation of union registration include misrepresentation, false statement or fraud in connection with the adoption or ratification of the constitution and by-laws or amendments thereto, the minutes of ratification, and the list of members who took part in the ratification or in connection with the election of officers, minutes of the election of officers, and the list of voters. Employees may also realize that membership in a union is not their only resort to participate in decision-making processes that will directly affect their rights, benefits, and welfare. In that scenario, members may voluntarily dissolve the union.
May the employer cancel the registration of a union to block the conduct of a certification election? This was decided by the High Court in the case of Republic v. Kawashima Textile Mfg. Philippines Inc., G.R. 160352, 23 July 2008. In that case, the Court held: “an employer is a mere bystander to any petition for certification election; the employer cannot have any partisan interest therein; it cannot interfere with, much less oppose, the process by filing a motion to dismiss or an appeal from it; The employer’s only right in the proceeding is to be notified or informed thereof.”
We highly suggest employers to initiate activities between the management and employees to engage employees and directly address their concerns such as town-hall or cluster meetings, suggestion boxes, online feedback forms, or any other forum or method such that the employees may realize that they are all valued in the organization. After all, with or without a union, employers cannot deny the fact that happy and appreciated employees translate to a productive workforce.
First published on The Daily Tribune.
For further information, please contact:
Nilo T. Divina, Managing Partner, DivinaLaw
nilo.divina@divinalaw.com
