ABS-CBN Union Members vs. ABS-CBN Corporation G.R No.

106518, March 11, 1999 FACTS: The ABS-CBN Supervisors Employees Union represented by respondents Union Officers and ABS-CBN Broadcasting Corporation signed and concluded a CBA with the check-off provision of 10% of the sum total of all the salary increases and signing bonuses granted to the Supervisors under this CBA to cover the Unions incidental expenses, including attorneys fees and representation expenses for its organization. In relation to this, the petitioner union members filed with the Bureau of Labor Relations a Complaint against respondents for illegally deducting additional union dues of 10% as mandated by the CBA contrary to law and Constitution and By-Laws of the Union. Respondents argued that the check-off provision is in accordance with law as majority of the Union members individually executed a written authorization giving the Union officers and the Company a blanket authority to deduct subject amount. The Med-Arbiter ruled declaring the special assessment of 10% of the sum total of CBA benefits as ILLEGAL and ordered respondents union officers to refund the same. On appeal, respondent DOLE Undersecretary affirmed en toto the assailed order but later ruled to SET ASIDE the same and DISMISS the petition upon a motion for reconsideration filed by the respondents; hence this petition. ISSUE: Is the check-off provision violative of the Labor Code and the Constitution and By-Laws of the Union? LAW: Art. 241, paragraphs (n) and (o) of the Labor Code, as amended, in relation to Article 222, paragraph (b) of the same law

RULING: NO. Article 241 speaks of three (3) requisites that must be complied with in order that the special assessment for Union's incidental expenses, attorney's fees and representation expenses, as stipulated in Article XII of the CBA, be valid and upheld namely: 1) authorization by a written resolution of the majority of all the members at the general membership meeting duly called for the purpose; (2) secretary's record of the minutes of the meeting; and (3) individual written authorization for check-off duly signed by the employee concerned. In the instant case, respondent union complied with said requirement when it held both a general meeting and a general membership meeting, with minutes thereof, wherein majority (85 members) agreed to pay said amount as evidenced by their executed individual written authorization for check-off. Records do not indicate that the aforesaid check-off authorizations were executed under the influence of force or compulsion and they have never withdraw their individual written authorizations for check-off. Furthermore, the prohibition for the payment of attorney's fees applies only when it is effected through forced contributions from the workers from their own funds and not from the union funds. However, the deduction of 10% as stipulated by the CBA applies only to workers who gave their individual signed authorizations as held in BPIEU-ALU vs. NLRC. OPINION: I subscribe with modification to the majority opinion of the court in the instant case. A check-off provision is in a way similar to the purpose and intent of our tax law to which it operates as the lifeblood of the union which makes it possible for every association to carry out its duties and champion the well-being of its members. However, be that as it may, the check-off authority bestowed in every union could also operate and include the power to destroy the livelihood of its members if arbitrarily applied; but

such is prevented from happening as long as our courts exist. Therefore the safeguards of Article 241 is wanting, but unlike the majority opinion of the justices in the above-cited case, the requisite for an individual written authorization from the members of the union to effect check-off is an impractical process if not burdensome to the company; who in some point, operates as mere facilitator thereof. It is my humble submission that such requirement should be dispensed with and replaced with a more practical and a less cumbersome process.