FACTS: Petitioners compromise the Executive Board of Solidbank union, the collective bargaining agent for the Solidbank Corporation. Private respondents are members of said union. The union’s EB decided to retain the services of their counsel in connection with negotiations for a new CBA. A general membership meeting was called where majority of union members approved a resolution confirming the decision to engage the services of the union’s counsel, Atty. Lacsina. The resolution provided that 10% of the total economic benefits that may be secured be given to the counsel at attorney’s fees. Also it contained an authorization for Solidbank Corporation to check-off said attorney’s fees the first lump sum of payment of benefits under the new CBA. Private respondents issued a complaint for illegal deduction.
ISSUE: W/N the union may check-off attorney’s fees.
HELD: No. Article 241 has 3 requisites for the validity of the special assessment for union’s incidental expenses, attorney’s fees and representation expenses. They are:
1. authorization by a written resolution of majority of all the members at the general membership meeting called for the purpose.
2. secretary’s record of the minutes of the meeting
3. individual written authorization for check-off duly signed by the employees concerned.
Such requirements were not complied with as there were no individual written check-off authorizations; thus, the employer cannot legally deduct thus the assessment. The union should be made to shoulder the expenses incurred for the services of a lawyers and accordingly, reimbursement should be charged to the union’s general fund or account. No deduction can be made from the salaries of the concerned employees other than those mandated by law.
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