Rights and Conditions of Membership in a Labor Organization.
Article 288
ART. 288. Rights and Conditions of Membership in a Labor Organization. — The following are the rights and conditions of membership in a labor organization: No arbitrary or excessive initiation fees shall be required of the members of a legitimate labor organization nor shall arbitrary, excessive or oppressive fine and forfeiture be imposed; The members shall be entitled to full and detailed reports from their officers and representatives of all financial transactions as provided for in the constitution and bylaws of the organization; and The members shall elect their officers by secret ballot at intervals of not more than three years. The secretary or any other responsible union officer shall furnish the Secretary of Labor with a list of the newly elected officers, together with the appointive officers or agents who are entrusted with the handling of funds within thirty (30) days after the election of officers or from the occurrence of any change in the list of officers of the labor organization; The members shall determine by secret ballot, after due deliberation, any question of major policy affecting the entire membership of the organization, unless the nature of the organization or force majeure renders such secret balloting impractical, in which case the board of directors of the organization may make the decision in behalf of the general membership; No labor organization shall knowingly admit as member or continue in membership any individual who belongs to a subversive organization or who is engaged directly or indirectly in any subversive activity; No person who has been convicted of a crime involving moral turpitude shall be eligible for election as a union officer or for appointment to any position in the union; No officer, agent or member of a labor organization shall collect any fees, dues, or other contributions in its behalf or make any disbursement of its moneys or funds unless he is duly authorized pursuant to its constitution and by-laws; 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 the for the purpose; 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 those expressly of the members at a general meeting duly called for the authorized by written resolution adopted by the majority purpose; Every expenditure of the funds of the organization shall be evidenced by a receipt from the person to whom the payment is made which shall state the date, place and purpose of such payment. Such receipts shall form part of the financial records of the organization. The officers of any labor organization shall not be paid any compensation other that the salaries and expenses due to their positions as specifically provided for in its constitution and by-laws, or in a written resolution duly 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 participants and ballots cast shall be subject to inspection by the Secretary of Labor or his duly authorized representatives. Any irregularities in the approval of the resolutions shall be a ground for impeachment or expulsion from the organization. The treasurer of any labor organization and every officer thereof who is responsible for the accounts of such organization or for the collection, management, disbursement, custody or control of the funds, moneys and other properties of the organization, shall render to the organization and to its members a true and correct account of all moneys received and paid by him since he assumed office or since the last date on which he rendered such account and of the balance remaining in his hands at the time of rendering such account, and of all bonds, securities, and other properties of the organization entrusted to his custody or under his control. The rendering of such account shall be made: At least once a year within thirty (30) days after the close of its fiscal year. At such other times as may be required by a resolution of the majority the members of the organization; and (3) Upon vacating his office. The account shall be duly audited and verified by affidavit and copy thereof shall be furnished the Secretary of Labor. The books of accounts and other records of the financial activities of any labor organization shall be opened to inspection by any officer or member thereof during office hours; No special assessment or other extraordinary fees may be levied upon the members of a labor organization unless authorized by a written resolution of a majority of all the members at a general membership meeting duly called for the purpose. The secretary of the organization shall record the minutes of the meeting including the list of all members present, the votes cast, the purpose of the special assessment or fees and the recipient of such assessments or fees. The record shall lie attested to by the president; No special assessments, attorney's fees, negotiation fees or any other extraordinary fees may be checked off from any amounts due to an employee without an individual written authorization duly signed by the employee. The authorization should specifically state the amount, purpose and beneficiary of the deduction; and It shall be the duty of any labor organization and its officers to inform its members on the provisions of its constitution and bylaws, collective bargaining agreement, the prevailing labor relations system and all their rights and obligations under existing labor laws. For this purpose, registered labor organizations may assess reasonable dues to finance labor relations seminars and other labor education activities for the purpose. Any violation of the above rights and conditions of membership shall be a ground for cancellation of union registration or expulsion of an officer from office, whichever is appropriate. At least 30 percent (30%) of all the members of a union or any member or members specifically concerned may report such violation to the Bureau. The Bureau shall have the power to hear and decide any reported violation and to mete the appropriate penalty. The decision of the Bureau shall be appealable only on question of law by certiorari to the Supreme Court. Criminal and civil liabilities arising from violations of the above rights and conditions of membership shall continue to be under the jurisdiction of ordinary courts.