ABS-CBN SUPERVISORS EMPLOYEES UNION MEMBERS v. ABS-CBN BROADCASTING CORP. G.R. No. 106518, Mar !

11, 1""" #a $%& The ABS-CBN Supervisors Union, represented by the Union Officers and ABS-CBN Broadcasting Corporation signed and concluded a collective bargaining agree ent !ith a chec"-off of #$% of the su total of all the salary increases and signing bonuses granted to the Supervisors& 'o!ever, the Union e bers filed a co plaint !ith the Bureau of (abor )elations against its Union Officers and ABS-CBN Broadcasting alleging that the chec" off provision is illegal because it !as never sub itted for consideration and approval to *all the e bers at a general e bership eeting called for the purpose+, and prayed for its suspension& The Union Officers and ABS-CBN prayed for the dis issal of the co plaint for lac" of erit, arguing that the chec"-off provision is in accordance !ith the la! as a,ority of the Union e bers individually e-ecuted a !ritten authori.ation giving the Union officers and ABS-CBN a blan"et authority to deduct sub,ect a ount& The /ed-Arbiter issued an order declaring the chec"-off provision illegal and ordered for the refund of an a ount advance by ABS-CBN as part of the #$% su total of CBA benefits and to stop fro further a"ing advances and deductions fro the union e bers salaries& On appeal, 0O(1 Undersecretary (agues a affir ed in toto the Order of the /ed-Arbiter& 'o!ever, after filing of a /otion for )econsideration, Undersecretary (agues a reversed itself and ordered that its first decision be set aside and dis issed the co plaint for lac" of erit& I%%'(& 2s the special assess ent of #$% of the su

total of CBA benefits illegal3

La) A**+, a-+(& Art& 45# 6g7, 6n7 and 6o7, and Art& 444 6b7 of the (abor Code Art. 241. Rights and conditions of membership in a labor organization The following are the rights and conditions of membership in a labor organization: xxxxxxxxx (g !o officer" agent" or member of a labor organization shall collect an# fees" d$es or other contrib$tions in its behalf to ma%e an# disb$rsement of its mone# or f$nds $nless he is d$l# a$thorized p$rs$ant to its constit$tion and b#&laws. xxxxxxxxx (n !o special assessment or other extraordinar# fees ma# be le'ied $pon members of a labor organization $nless a$thorized b# a written resol$tion of a ma(orit# of all the members of a general membership meeting d$l# called for the p$rpose. The secretar# of the organization shall record the min$tes of the meeting incl$ding the list of all members present" the 'otes cast" the p$rpose of the special assessment or fees and the recipient of s$ch assessment or fees. The record shall be attested to b# the president. (o )ther than for mandator# acti'ities $nder the *ode" no special assessments" attorne#+s fees" negotiation fees or an# other extraordinar# fees ma# be chec%ed off from an# amo$nt d$e to an emplo#ee witho$t an individual written authorization d$l# signed b# the emplo#ee. The a$thorization sho$ld specificall# state the amo$nt" p$rpose and beneficiar# of the ded$ctions. Art. 222. Appearances and ,ees xxx xxxxxx (b !o attorne#+s fees" negotiation fees or similar charges of an# %ind arising from collecti'e bargaining negotiations

or concl$sion of the collecti'e agreement shall be imposed on an# indi'id$al member of the contracting $nion: -ro'ided" howe'er" that attorne#+s fees ma# be charged against union funds in an amo$nt to be agreed $pon b# the parties. An# contract" agreement or arrangement of an# sort to the contrar# shall be n$ll and 'oid. R'+,./& The #$% special assess ent authori.ed in the Collective Bargaining Agree ent is valid& 8or an order i posing a special assess ent for Unions incidental e-penses, attorneys fees and representation e-penses to be valid, 9 re:uisites ust be co plied !ith na ely; 6#7 authori.ation by a !ritten resolution of the a,ority of all the e bers at the general e bership eeting duly called for the purpose< 647 secretarys record of the inutes of the eeting< and 697 individual !ritten authori.ation for chec"-off duly signed by the e ployee concerned& Based on the records of the case, these re:uisites have been co plied !ith by the Union& A general eeting !as held !herein the e bers agreed that a #$% special assess ent fro the total econo ic pac"age due to every e ber !ould be chec"ed-off for negotiation, other iscellaneous e-penses and attorneys fees& The inutes of the said eeting !ere recorded by the Unions Secretary, /a& Car inda /u=o. and noted by its >resident, 'erbert )ivera and that ?@ of its e bers e-ecuted individual authori.ations for chec"-off& Since all of the re:uisites are present, the validity of the #$% special assess ent should be upheld& O*,.,o.& A chec"-off is a process of deducting a percentage fro a Union e bers !ages for the pay ent of union dues and fees to be considered as funds of the Union& This policy is to ensure that the Union has a ple a ount of funds to continue its operation and to provide better services to its e bers& 'o!ever, the la! provides for its li itations and certain re:uisites ust be co plied !ith for the valid i position of chec" offs& These re:uisites are; #& Authori.ation by a !ritten resolution of the a,ority of all the e bers at a general e bership eeting duly called for the purpose< 4& Secretarys record of the inutes of the eeting< and 9& 2ndividual !ritten authori.ation for chec"-off duly signed by the e ployee concerned& 8ailure on the part of the Union to eet these re:uire ents !ould render such i position illegal !hich !ould be tanta ount to a deprivation to an e ployee of his basic living !age& Any deductions already ade ust be rei bursed bac" to its e bers&