A. Article 241.

Rights and conditions of membership in a labor money or funds unless he is duly authorized pursuant to its constitution and
organization. The following are the rights and conditions of by-laws;
membership in a labor organization:
(h) Every payment of fees, dues or other contributions by a member shall be
evidenced by a receipt signed by the officer or agent making the collection
and entered into the record of the organization to be kept and maintained for
(a) No arbitrary or excessive initiation fees shall be required of the members
the purpose;
of a legitimate labor organization nor shall arbitrary, excessive or oppressive
fine and forfeiture be imposed; (i) The funds of the organization shall not be applied for any purpose or
object other than those expressly provided by its constitution and by-laws or
(b) The members shall be entitled to full and detailed reports from their
those expressly authorized by written resolution adopted by the majority of
officers and representatives of all financial transactions as provided for in the
the members at a general meeting duly called for the purpose;
constitution and by-laws of the organization;
(j) Every income or revenue of the organization shall be evidenced by a
(c) The members shall directly elect their officers, including those of the
record showing its source, and every expenditure of its funds shall be
national union or federation to which they or their union is affiliated, by
evidenced by a receipt from the person to whom the payment is made, which
secret ballot at intervals of five (5) years. No qualification requirements for
shall state the date, place and purpose of such payment. Such record or
candidacy to any position shall be imposed other than membership in good
receipt shall form part of the financial records of the organization. Any action
standing in subject labor organization. The secretary or any other responsible
involving the funds of the organization shall prescribe after three (3) years
union officer shall furnish the Secretary of Labor and Employment with a list
from the date of submission of the annual financial report to the Department
of the newly-elected officers, together with the appointive officers or agents
of Labor and Employment or from the date the same should have been
who are entrusted with the handling of funds, within thirty (30) calendar days
submitted as required by law, whichever comes earlier: Provided, That this
after the election of officers or from the occurrence of any change in the list
provision shall apply only to a legitimate labor organization which has
of officers of the labor organization; (As amended by Section 16, Republic
submitted the financial report requirements under this Code: Provided,
Act No. 6715, March 21, 1989).
further, that failure of any labor organization to comply with the periodic
(d) The members shall determine by secret ballot, after due deliberation, any financial reports required by law and such rules and regulations promulgated
question of major policy affecting the entire membership of the organization, thereunder six (6) months after the effectivity of this Act shall automatically
unless the nature of the organization or force majeure renders such secret result in the cancellation of union registration of such labor organization; (As
ballot impractical, in which case, the board of directors of the organization amended by Section 16, Republic Act No. 6715, March 21, 1989).
may make the decision in behalf of the general membership;
(k) The officers of any labor organization shall not be paid any compensation
(e) No labor organization shall knowingly admit as members or continue in other than the salaries and expenses due to their positions as specifically
membership any individual who belongs to a subversive organization or who provided for in its constitution and by-laws, or in a written resolution duly
is engaged directly or indirectly in any subversive activity; authorized by a majority of all the members at a general membership meeting
duly called for the purpose. The minutes of the meeting and the list of
(f) No person who has been convicted of a crime involving moral turpitude participants and ballots cast shall be subject to inspection by the Secretary of
shall be eligible for election as a union officer or for appointment to any Labor or his duly authorized representatives. Any irregularities in the
position in the union; approval of the resolutions shall be a ground for impeachment or expulsion
(g) No officer, agent or member of a labor organization shall collect any fees, from the organization;
dues, or other contributions in its behalf or make any disbursement of its
(l) The treasurer of any labor organization and every officer thereof who is For this purpose, registered labor organizations may assess reasonable dues
responsible for the account of such organization or for the collection, to finance labor relations seminars and other labor education activities
management, disbursement, custody or control of the funds, moneys and
Any violation of the above rights and conditions of membership shall be a
other properties of the organization, shall render to the organization and to its
ground for cancellation of union registration or expulsion of officers from
members a true and correct account of all moneys received and paid by him
office, whichever is appropriate. At least thirty percent (30%) of the
since he assumed office or since the last day on which he rendered such
members of a union or any member or members specially concerned may
account, and of all bonds, securities and other properties of the organization
report such violation to the Bureau. The Bureau shall have the power to hear
entrusted to his custody or under his control. The rendering of such account
and decide any reported violation to mete the appropriate penalty.
shall be made:
(1) At least once a year within thirty (30) days after the close of its fiscal Criminal and civil liabilities arising from violations of above rights and
year; conditions of membership shall continue to be under the jurisdiction of
(2) At such other times as may be required by a resolution of the ordinary courts.
majority of the members of the organization; and
(3) Upon vacating his office.
The account shall be duly audited and verified by affidavit and a copy thereof B. (Nature and purpose of check-off) & B.1 (Holy cross of Davao
shall be furnished the Secretary of Labor. College v. Hon. Joaquin)

(m) The books of accounts and other records of the financial activities of any A check-off is a process or device whereby the employer, on agreement
labor organization shall be open to inspection by any officer or member with the union recognized as the proper bargaining representatives, or on prior
thereof during office hours; authorization from its employees, deducts union dues or agency fees from the
latter's wages and remits them directly to the union.[16] Its desirability to a labor
(n) No special assessment or other extraordinary fees may be levied upon the organization is quite evident; by it, it is assured of continuous funding. Indeed,
members of a labor organization unless authorized by a written resolution of this Court has acknowledged that the system of check-off is primarily for the
a majority of all the members in a general membership meeting duly called benefit of the union and, only indirectly, of the individual laborers.[17] When
for the purpose. The secretary of the organization shall record the minutes of stipulated in a collective bargaining agreement, or authorized in writing by the
employees concerned -- the labor Code and its Implementing Rules recognize
the meeting including the list of all members present, the votes cast, the
it to be the duty of the employer to deduct sums equivalent to the amount of
purpose of the special assessment or fees and the recipient of such
union dues from the employees' wages for direct remittance to the union, in
assessment or fees. The record shall be attested to by the president. order to facilitate the collection of funds vital to the role of the union as
(o) Other than for mandatory activities under the Code, no special representative of employees in a bargaining unit to the role of the union as
assessments, attorney’s fees, negotiation fees or any other extraordinary representative of employees in a bargaining unit if not, indeed, to its very
existence. And it may be mentioned in this connection that the right to union
fees may be checked off from any amount due to an employee without an
dues deducted pursuant to a check of, pertains to the local union which
individual written authorization duly signed by the employee. The continues to represent the employees under the terms of a CBA, and not to the
authorization should specifically state the amount, purpose and beneficiary of parent association from which it has dissaffiliated.[18]
the deduction; and
The legal basis of check-off is thus found in statute or in
(p) It shall be the duty of any labor organization and its officers to inform its contract.[19] Statutory limitations on check-offs generally require written
members on the provisions of its constitution and by-laws, collective authorization from each employee to deduct wages; however, a resolution
bargaining agreement, the prevailing labor relations system and all their approved and adopted by a majority of the union members at a general meeting
rights and obligations under existing labor laws. will suffice when the right to check-off has been recognized by the employer,
including collection of reasonable assessments in connection with mandatory
activities of the union, or other special assessments and extraordinary fees.[20]
C. What are requirements before levy and check-off of special
Authorization to effect a check-off of union dues is co-terminous with the assessments are allowed?
union affiliation or membership of employees.[21] On the other hand, the
collection of agency fees in an amount equivalent to union dues and fees, from Check off, which is an arrangement by a union with the employer for dues to
employees who are not union members, is recognized by Article 248 (e) of the be deducted regularly from the members’ salaries wherein the sum collected
Labor Code. No requirement of written authorization from the non-union is remitted to the union by check
employee is imposed. The employees acceptance of benefits resulting from a
collective bargaining agreement justifies the deduction of agency fees from his The applicable provisions are clear. The Union itself admits that both
pay and the unions entitlement thereto. In this aspect, the legal basis of the paragraphs (n) and (o) of Article 241 apply. Paragraph (n) refers to "levy"
unions right to agency fees is neither contractual nor statutory, but quasi- while paragraph (o) refers to "check-off" of a special assessment. Both
contractual, deriving from the established principle that non-union employees provisions must be complied with. Under paragraph (n), the Union must
may not unjustly enrich themselves by benefiting from employment conditions submit to the Company a written resolution of a majority of all the members
negotiated by the bargaining union.[22] at a general membership meeting duly called for the purpose. In addition, the
Check-offs in truth impose as extra burden on the employer in the form secretary of the organization must record the minutes of the meeting which,
of additional administrative and bookkeeping costs. It is a burden assumed by in turn, must include, among others, the list of all the members present as
management at the instance of the union and for its benefit, in order to facilitate well as the votes cast.
the collection of dues necessary for the latters life and sustenance. But the
obligation to pay union dues and agency fees obviously devolves not upon the Paragraph (o) on the other hand requires an individual written authorization
employer, but the individual employee. It is a personal obligation not duly signed by every employee in order that a special assessment may be
demandable from the employer upon default or refusal of the employer to validly checked-off. Even assuming that the special assessment was validly
consent to a check-off.The only obligation of the employer under a check-off levied pursuant to paragraph (n), and granting that individual written
is to effect the deductions and remit the collections to the union. The principle authorizations were obtained by the Union, nevertheless there can be no valid
of unjust enrichment necessarily precludes recovery of union dues -- or agency check-off considering that the majority of the union members had already
fees -- from the employer, these being, to repeat, obligations pertaining to the withdrawn their individual authorizations. A withdrawal of individual
individual worker in favor of the bargaining union. Where the employer fails authorizations is equivalent to no authorization at all. Hence, the ruling in
or refuses to implement a check-off agreement, logic and prudence dictate that Galvadores that "no check-offs from any amounts due employees may be
the union itself undertake the collection of union dues and assessments from effected without an individual written authorization signed by the employees
its members (and agency fees from non-union employees); this, of course, ... " is applicable.
without prejudice to suing the employer for unfair labor practice.
Article 222 (b) prohibits attorney's fees, negotiations fees and similar charges
Check-off is a form of union security. It is an arrangement by a union with
arising out of the conclusion of a collective bargaining agreement from being
the employer for dues to be deducted regularly from the members’ salaries
imposed on any individual union member. The collection of the special
wherein the sum collected is remitted to the union by check. Practice in
assessment partly for the payment for services rendered by union officers,
unionized (organized) establishments under which an employer regularly
consultants and others may not be in the category of "attorney's fees or
deducts union dues from the employees' wages and passes them on to the
negotiations fees
union. Checkoff may require a written authorization from the employee for
the deduction. provision to deduct from the salaries/wages of union members
and non-union members all monthly dues in such definite amount as
provided in the union's constitution and by-laws. .
D. Article 242. Rights of legitimate labor organizations. (b) Its list of officers, minutes of the election of officers, and list of
voters within thirty (30) days from election;
A legitimate labor organization shall have the right:
(c) Its annual financial report within thirty (30) days after the close of every
(a) To act as the representative of its members for the purpose of collective fiscal year; and
bargaining; (d) Its list of members at least once a year or whenever required by the
(b) To be certified as the exclusive representative of all the employees in an Bureau.
appropriate bargaining unit for purposes of collective bargaining; Failure to comply with the above requirements shall not be a ground for
(c) To be furnished by the employer, upon written request, with its annual cancellation of union registration but shall subject the erring officers or
audited financial statements, including the balance sheet and the profit and members to suspension, expulsion from membership, or any appropriate
loss statement, within thirty (30) calendar days from the date of receipt of the penalty. (As inserted by Section 7, Republic Act No. 9481 which lapsed into
request, after the union has been duly recognized by the employer or certified law on May 25, 2007 and became effective on June 14, 2007).
as the sole and exclusive bargaining representative of the employees in the
bargaining unit, or within sixty (60) calendar days before the expiration of
F. Article 243. Coverage and employees right to self-organization.
the existing collective bargaining agreement, or during the collective
All persons employed in commercial, industrial and agricultural enterprises
bargaining negotiation;
and in religious, charitable, medical, or educational institutions, whether
(d) To own property, real or personal, for the use and benefit of the labor
operating for profit or not, shall have the right to self-organization and to
organization and its members;
form, join, or assist labor organizations of their own choosing for purposes of
(e) To sue and be sued in its registered name; and
collective bargaining. Ambulant (not confined), intermittent (seasonal) and
(f) To undertake all other activities designed to benefit the organization and
itinerant (temporary) workers, self-employed people, rural workers and those
its members, including cooperative, housing, welfare and other projects not
without any definite employers may form labor organizations for their
contrary to law.
mutual aid and protection. (As amended by Batas Pambansa Bilang 70, May
Notwithstanding any provision of a general or special law to the contrary, the
1, 1980).
income and the properties of legitimate labor organizations, including grants,
endowments, gifts, donations and contributions they may receive from
fraternal and similar organizations, local or foreign, which are actually,
directly and exclusively used for their lawful purposes, shall be free from G. Union security clause
taxes, duties and other assessments. The exemptions provided herein may be A union security clause is a provision in a collective bargaining agreement
withdrawn only by a special law expressly repealing this provision. (As which requires bargaining unit employees to establish and maintain union
amended by Section 17, Republic Act No. 6715, March 21, 1989). membership (which is ultimately restricted to the payment of dues and
initiation fees) as a condition of employment. This is a mandatory subject of
bargaining
E. Article 242-A. Reportorial requirements. – "Union security" is a generic term, which is applied to and comprehends
"closed shop," "union shop," "maintenance of membership," or any other
The following are documents required to be submitted to the Bureau by the
form of agreement which imposes upon employees the obligation to acquire
legitimate labor organization concerned:
or retain union membership as a condition affecting employment. There is
(a) Its constitution and by-laws, or amendments thereto, the minutes of
union shop when all new regular employees are required to join the union
ratification, and the list of members who took part in the ratification of the
within a certain period as a condition for their continued employment. There
constitution and by-laws within thirty (30) days from adoption or ratification
is maintenance of membership shop when employees, who are union
of the constitution and by-lam or amendments thereto;
members as of the effective date of the agreement, or who thereafter become
members, must maintain union membership as a condition for continued Union shop an agreement whereby the employer may hire a non-union
employment until they are promoted or transferred out of the bargaining unit, member, but to retain employment such employee must become a union
or the agreement is terminated. A closed shop, on the other hand, may be member after some period and maintain the membership therein in good
defined as an enterprise in which, by agreement between the employer and standing. A union shop is a place of employment that requires that an
his employees or their representatives, no person may be employed in any or employee join a union, usually 30 to 60 days after being hired. If you cease
certain agreed departments of the enterprise unless he or she is, becomes, to be a member of the union, the company is required to fire you. Many
and, for the duration of the agreement, remains a member in good standing of states, either by legislation or by court decision, have banned the closed shop.
a union entirely comprised of or of which the employees in interest are a part. Opponents of the closed shop argue that forcing unwilling workers to pay
A union security clause is a provision in a union contract requiring union dues is an infringement of their rights; that union membership is
employees, as a condition of employment, to maintain union membership or sometimes closed to certain workers or the initiation fee so high as to be an
pay union dues or requiring an employer to check off dues from employees' effective bar to membership; and that employers are deprived of the privilege
wages. Typically, it provides that all employees must become and remain of hiring competent workers or firing incompetent ones.
union members in good standing during the duration of the agreement. Good
Maintenance of membership clause-Provision included in some collective
standing is usually defined as payment of periodic dues and initiation fees.
bargaining agreements under which employees who are members of the
The provision also states that an employee who fails to pay union dues or
union at the time of the negotiation of the agreement (or voluntarily join the
initiation fees must be discharged by the employer at the union's request.
union afterwards) must maintain their membership for its duration. an
agreement whereby employees who are members of the union must maintain
their membership during the term of the contract as a condition of continued
H. Closed shop, union shop, maintenance of membership employment. Maintenance of Membership is a union security system under
which an employee binds himself to remain a member for the duration of the
Closed-shop is a form of union security. A closed-shop may be defined as an
union contract once s/he joins the union, or if already a member. S/he may
enterprise in which, by agreement between the employer and his employees
resign during the escape period. But s/he does not do so membership has to
or their representatives, no person may be employed in any or certain agreed
be maintained until the duration of the contract.
departments of the enterprise unless he or she is, becomes, and, for the
duration of the agreement, remains a member in good standing of a union A closed-shop agreement has been considered as one form of union security
entirely comprised of or of which the employees in interest are a part. an whereby only union members can be hired and workers must remain union
agreement whereby an employer shall hire only members of the union who members as a condition of continued employment. The requirement for
must continue to remain members in good standing to keep their jobs. A employees or workers to become members of a union as a condition for
closed shop agreement is a type of collective agreement that requires non- employment redounds to the benefit and advantage of said employees
union workers to join the union. A shop in which persons are required to join because by holding out to loyal members a promise of employment in the
a particular union as a precondition to employment and to remain union closed-shop the union wields group solidarity. In fact, it is said that "the
members for the duration of their employment. . It differs from a union shop, closed-shop contract is the most prized achievement of unionism" (National
in which all workers, once employed, must become union members within a Labor Union vs. Aguinaldo's-Echague, Inc. et al., supra).
specified period as a condition of their continued employment. Closed shop
The closed-shop agreement authorized under Sec. 4 sub-sec. a (4) of the
agreements ensured that only union members who were bound by internal
Industrial Peace Act above-quoted should, however, apply only to persons to
union rules, including those enforcing worker solidarity during strikes, were
be hired or to employees who are not yet members of any labor organization.
hired.
It is inapplicable to those already in the service who are members of another
union. To hold otherwise, i.e., that the employees in a company who are
members of a minority union may be compelled to disaffiliate from their L. Discuss Article 257 (246) in relation to Articles 303 (288) and 304
union and join the majority or contracting union, would render nugatory the (289) of the Labor Code
right of all employees to self-organization and to form, joint or assist labor Article 246. Non-abridgment of right to self-organization. – It shall be
organizations of their own choosing, a right guaranteed by the Industrial unlawful for any person to restrain, coerce, discriminate against or unduly
Peace Act (sec. 3, Rep. Act No. 875) as well as by the Constitution (Art. III, interfere with employees and workers in their exercise of the right to self-
see. 1 [6]). organization. Such right shall include the right to form, join, or assist labor
organizations for the purpose of collective bargaining through representatives
.I. Article 244. Right of employees in the public service.
of their own choosing and to engage in lawful concerted activities for the
Employees of government corporations established under the Corporation
same purpose or for their mutual aid and protection, subject to the provisions
Code shall have the right to organize and to bargain collectively with their
of Article 264 of this Code. (As amended by Batas Pambansa Bilang 70, May
respective employers. All other employees in the civil service shall have the
1, 1980).
right to form associations for purposes not contrary to law. (As amended by
Executive Order No. 111, December 24, 1986).
M. (What is an unfair labor practice) N. (Is the commission of
unfair labor a crime)
J. Article 245. Ineligibility of managerial employees to join any labor O. (Who may be held liable for an unfair labor practice) P. (What
organization; Right of Supervisory Employees. - are the penalties for an unfair labor practice?)
Managerial employees are not eligible to join, assist or form any labor
Article 247. Concept of unfair labor practice and procedure for prosecution
organization. Supervisory employees shall not be eligible for membership in
thereof.
the collective bargaining unit of the rank-and-file employees but may join,
Unfair labor practices violate the constitutional right of workers and
assist or form separate collective bargaining units and/or legitimate labor
employees to self-organization, are inimical to the legitimate interests of both
organizations of their own. The rank-and-file union and the supervisors’
labor and management, including their right to bargain collectively and
union operating within the same establishment may join the same federation
otherwise deal with each other in an atmosphere of freedom and mutual
or national union. (As amended by Section 18, Republic Act No. 6715,
respect, disrupt industrial peace and hinder the promotion of healthy and
March 21, 1989 and Section 8, Republic Act No. 9481 which lapsed into law
stable labor-management relations.
on May 25, 2007 and became effective on June 14, 2007).
Consequently, unfair labor practices are not only violations of the civil rights
of both labor and management but are also criminal offenses against the State
K. Article 245-A. Effect of inclusion as members of employees outside which shall be subject to prosecution and punishment as herein provided.
the bargaining unit. Subject to the exercise by the President or by the Secretary of Labor and
The inclusion as union members of employees outside the bargaining unit
Employment of the powers vested in them by Articles 263 and 264 of this
shall not be a ground for the cancellation of the registration of the union. Said
Code, the civil aspects of all cases involving unfair labor practices, which
employees are automatically deemed removed from the list of membership of
may include claims for actual, moral, exemplary and other forms of damages,
said union. (Introduced as new provision by Section 9, Republic Act No.
attorney’s fees and other affirmative relief, shall be under the jurisdiction
9481 which lapsed into law on May 25, 2007 and became effective on June
of the Labor Arbiters. The Labor Arbiters shall give utmost priority to the
14, 2007).
hearing and resolution of all cases involving unfair labor practices. They
shall resolve such cases within thirty (30) calendar days from the time they
are submitted for decision.
Recovery of civil liability in the administrative proceedings shall bar No criminal prosecution under this Title may be instituted without a final
recovery under the Civil Code. judgment finding that an unfair labor practice was committed, having been
first obtained in the preceding paragraph. During the pendency of such
No criminal prosecution under this Title may be instituted without a final
administrative proceeding, the running of the period of prescription of the
judgment finding that an unfair labor practice was committed, having been
criminal offense herein penalized shall be considered interrupted: Provided,
first obtained in the preceding paragraph. During the pendency of such
however, that the final judgment in the administrative proceedings shall not
administrative proceeding, the running of the period of prescription of the
be binding in the criminal case nor be considered as evidence of guilt but
criminal offense herein penalized shall be considered interrupted: Provided,
merely as proof of compliance of the requirements therein set forth. (As
however, that the final judgment in the administrative proceedings shall not
amended by Batas Pambansa Bilang 70, May 1, 1980 and later further
be binding in the criminal case nor be considered as evidence of guilt but
amended by Section 19, Republic Act No. 6715, March 21, 1989).
merely as proof of compliance of the requirements therein set forth. (As
amended by Batas Pambansa Bilang 70, May 1, 1980 and later further
amended by Section 19, Republic Act No. 6715, March 21, 1989).
R. Article 248. Unfair labor practices of employers.
(n) criminal aspect-regular courts. Commenced only upon final decision by
It shall be unlawful for an employer to commit any of the following unfair
LA that party commits ULP
labor practice:
(o) An employer may only be held liable for unfair labor practice if it can be (a) To interfere with, restrain or coerce employees in the exercise of their
shown that his acts affect in whatever manner the right of his employees to right to self-organization;
self-organize. (b) To require as a condition of employment that a person or an employee
On the part of employer- only the officers and agents of corporations, shall not join a labor organization or shall with-draw from one to which he
associations or partnerships who have actually participated in, authorized or belongs;
ratified unfair labor practices, shall be held criminally liable (c) To contract out services or functions being performed by union members
On the part of the union- only officers, members of governing boards, when such will interfere with, restrain or coerce employees in the exercise of
representatives or agents or members of labor associations or organizations their rights to self-organization;
who have actually participated in, authorized or ratified the unfair labor (d) To initiate, dominate, assist or otherwise interfere with the formation or
practices shall be held criminally liable administration of any labor organization, including the giving of financial or
other support to it or its organizers or supporters;
(e) To discriminate in regard to wages, hours of work and other terms and
(p) Any person who commits any unfair labor practice shall be punishable conditions of employment in order to encourage or discourage membership
with imprisonment for a term which may extend to six months or with fine in any labor organization. Nothing in this Code or in any other law shall stop
which may extend to one thousand rupees or with both. the parties from requiring membership in a recognized collective bargaining
agent as a condition for employment, except those employees who are
already members of another union at the time of the signing of the collective
Q. When may criminal prosecution for unfair labor practice be bargaining agreement. Employees of an appropriate bargaining unit who are
instituted? not members of the recognized collective bargaining agent may be assessed a
Criminal aspect-regular courts. Commenced only upon final decision by LA reasonable fee equivalent to the dues and other fees paid by members of the
that party commits ULP. No simultaneous filling is allowed. There must be a recognized collective bargaining agent, if such non-union members accept
final decision first by the Labor Arbiter. the benefits under the collective bargaining agreement: Provided, that the
individual authorization required under Article 242, paragraph (o) of this
Code shall not apply to the non-members of the recognized collective other dispute; or
bargaining agent; (i) To violate a collective bargaining agreement.
(f) To dismiss, discharge or otherwise prejudice or discriminate against an
The provisions of the preceding paragraph notwithstanding, only the officers
employee for having given or being about to give testimony under this Code;
and agents of corporations, associations or partnerships who have actually
(g) To violate the duty to bargain collectively as prescribed by this Code;
participated in, authorized or ratified unfair labor practices shall be held
(h) To pay negotiation or attorney’s fees to the union or its officers or
criminally liable. (As amended by Batas Pambansa Bilang 130, August 21,
agents as part of the settlement of any issue in collective bargaining or any
1981).
ratified unfair labor practices shall be held criminally liable. (As amended by
Batas Pambansa Bilang 130, August 21, 1981).
S. Define and give the rationale of an agency fee (article 259 e)

T. Article 249. Unfair labor practices of labor organizations.

It shall be unfair labor practice for a labor organization, its officers, agents
or representatives:
(a) To restrain or coerce employees in the exercise of their right to self-
organization. However, a labor organization shall have the right to prescribe
its own rules with respect to the acquisition or retention of membership;
(b) To cause or attempt to cause an employer to discriminate against an
employee, including discrimination against an employee with respect to
whom membership in such organization has been denied or to terminate an
employee on any ground other than the usual terms and conditions under
which membership or continuation of membership is made available to other
members;
(c) To violate the duty, or refuse to bargain collectively with the employer,
provided it is the representative of the employees;
(d) To cause or attempt to cause an employer to pay or deliver or agree to
pay or deliver any money or other things of value, in the nature of an
exaction, for services which are not performed or not to be performed,
including the demand for fee for union negotiations;
(e) To ask for or accept negotiation or attorney’s fees from employers as
part of the settlement of any issue in collective bargaining or any other
dispute; or
(f) To violate a collective bargaining agreement.
The provisions of the preceding paragraph notwithstanding, only the officers,
members of governing boards, representatives or agents or members of labor
associations or organizations who have actually participated in, authorized or