2. Officers; Qualifications, Election, Term, and Compensation

Officers: Qualifications, Election, Term, and Compensation

Concept

Union members directly choose the officers who represent them in their local union and, where applicable, in the national union or federation with which they or their local union is affiliated. The governing provision sets the method and interval of election, the sole permissible candidacy qualification, and the duty to report changes in officers. (RA 6715, Sec. 16, amending Labor Code Art. 241(c))¹

Governing provisions

Article 241(c) governs the direct election of local and national officers, candidacy qualifications, the five-year election interval, and submission of the officers’ list to the Secretary of Labor and Employment. Article 249 also prohibits a labor organization, its officers, agents, or representatives from restraining or coercing employees in the exercise of their right to self-organization. (RA 6715, Sec. 16, amending Labor Code Art. 241(c))¹ (Art. 249, Labor Code)²

Requisites / Rules

• Electors and offices. Members directly elect their officers in the local union and their national officers in the national union or federation to which they or their local union is affiliated. (RA 6715, Sec. 16, amending Labor Code Art. 241(c))¹
• Method and interval. Elections are by secret ballot at intervals of five years. (RA 6715, Sec. 16, amending Labor Code Art. 241(c))¹
• Qualification. No candidacy qualification may be imposed other than membership in good standing in the labor organization concerned. (RA 6715, Sec. 16, amending Labor Code Art. 241(c))¹
• Reporting. Within 30 calendar days after an election or any change in the officers’ list, the secretary or another responsible union officer must furnish the Secretary of Labor and Employment with the list of newly elected officers, together with appointive officers or agents entrusted with handling funds. (RA 6715, Sec. 16, amending Labor Code Art. 241(c))¹

Distinctions

The election rule concerns both local and national officers; the reporting rule additionally identifies appointive officers or agents entrusted with funds. Thus, persons included in the report are not necessarily persons elected under the direct-election rule. (RA 6715, Sec. 16, amending Labor Code Art. 241(c))¹

Key doctrines

A union may prescribe rules on acquiring or retaining membership, but it may not restrain or coerce employees in exercising their right to self-organization. For officer candidacy, the stated statutory limit is more specific: membership in good standing is the only permissible qualification. (Art. 249, Labor Code)² (RA 6715, Sec. 16, amending Labor Code Art. 241(c))¹

Exceptions

The election provision states no exception to direct election, secret ballot, the five-year interval, or the sole candidacy qualification. Its reporting duty expressly reaches the specified appointive officers and agents as well as newly elected officers. (RA 6715, Sec. 16, amending Labor Code Art. 241(c))¹

Bar tip

An election question involves four points: who elects, how often and by what ballot, who may run, and when the officers’ list must be furnished. (RA 6715, Sec. 16, amending Labor Code Art. 241(c))¹