Bargaining Unit refers to a group of employees sharing mutual interests within a given employer unit, comprised of all or less than all of the entire body of employees in the employer unit or any specific occupational or geographical grouping within such employer unit. (Book V, Rule 1, Sec. 1[d])
TEST TO DETERMINE THE CONSTITUENCY OF AN APPROPRIATE BARGAINING UNIT 4 Factors
(1) Will of the Employees (Globe Doctrine) – a practice which sanctions the holding of a series of elections, not for the purpose of allowing the group receiving an overall majority of votes to represent all employees, but for the specific purpose of permitting the employees in each of the several categories to select the group which each chooses as a bargaining unit. (Kapisanan ng mga Manggagawa sa Manila Road Co. v. Yard Crew Union, 1960)
(2) Affinity and unity of employees’ interest (3) Prior collective bargaining history
(4) Employment status (UP v. Ferrer-Calleja, 1992)
Other factors:
(1) Geography and Location
(2) Policy of avoiding fragmentation of the bargaining unit
VOLUNTARY RECOGNITION
Voluntary Recognition refers to the process by which a legitimate labor union is recognized by the employer as the exclusive bargaining representative or agent in a bargaining unit, reported with the Regional office in accordance to Rule VII, Sec 2 of these Rules. (Book V, Rule I, Sec. 1 [bbb])
REQUIREMENTS
Substantive Requirements
(1) Unorganized establishment;
(2) Only one union asking for recognition; (3) The members of the bargaining unit did not
object to the projected recognition of the union. (Book V, Rule VII, Sec. 2)
Procedural Requirements
The notice of voluntary recognition shall be accompanied by the original copy and two (2) duplicate copies of the following documents: (1) A joint statement under oath of voluntary
recognition attesting to the fact of voluntary recognition
(2) Certificate of posting of the joint statement of voluntary recognition for fifteen (15) consecutive days in at least two (2) conspicuous places in the establishment or bargaining unit where the union seeks to operate;
(3) The approximate number of employees in the bargaining unit, accompanied by the names of those who support the voluntary recognition comprising at least a majority of the members of the bargaining unit; and (4) A statement that the labor union is the only
legitimate labor organization operating within the bargaining unit.
All accompanying documents of the notice for voluntary recognition shall be certified under oath by the employer representative and president of the recognized labor union.
CERTIFICATION ELECTION Certification election is the process of determining, through secret ballot, the sole and exclusive bargaining agent of the employees in an appropriate bargaining unit, for purposes of collective bargaining. (Book V Rule I Sec. 1 [x])
WHO MAY FILE A PETITION FOR CERTIFICATION ELECTION
(1) Legitimate labor organization (registered with DOLE)
(2) Unregistered local chapter with charter certificate from duly registered national union or federation
(3) National union or federation in behalf of its local/chapter
(4) Employer (when requested to bargain collectively and no existing CBA)
EMPLOYER-BYSTANDER RULE
The employer shall not be considered a party in the petition with a concomitant right to oppose a petition for certification election. The employer’s participation shall be limited to: (1) Being notified or informed of petitions of
such nature
(2) Submitting the list of employees during the pre-election conference should the Med- arbiter act favorably on the petition (Art 258- A introduced by RA 9481)
VENUE FOR FILING THE PETITION BLR Regional Office which issued the
petitioning union’s certificate of registration or certificate of creation of chartered local.
CERTIFICATION ELECTION IN AN UNORGANIZED ESTABLISHMENT
PROCEDURE (1) Filing of petition
(2) Med- Arbiter shall automatically conduct a certification election.
VENUE
BLR Regional Office which issued the petitioning union’s certificate of registration or certificate of creation of chartered local.
CERTIFICATION ELECTION IN AN ORGANIZED ESTABLISHMENT
PROCEDURE
(1) A verified petition questioning the majority status shall be filed by a legitimate labor organization
(2) It must be filed within the 60-day period before expiration of CBA (freedom period) (3) Supported by written consent of at least 25%
of ALL employees in the bargaining unit (substantial support)
VALIDITY
Double majority requirement (voters, valid votes) Art. 262. To have a valid election, at least a majority of all eligible voters in the unit must have cast their votes. The labor union receiving the majority of the valid votes cast shall be certified as the exclusive bargaining agent of all the workers in the unit.
FORCED INTERVENOR
The incumbent bargaining agent shall automatically be one of the choices in the certification election as forced intervenor. (Book V Rule VIII Sec. 7)
Bars to certification election
(1) One year bar rule (2) Negotiation bar rule (3) Deadlock bar rule (4) Contract bar rule One year bar rule
No certification election may be held within 1 year from the fact that voluntary recognition has been entered, or a valid certification, consent or run-off election has been conducted within the bargaining unit.
If appealed, the reckoning period is the date when the decision becomes final and executory. (Book V, Rule VIII, Sec 3 [a])
Negotiation bar rule
A petition for certification election may be filed anytime EXCEPT:
(1) When the duly certified union has commenced and sustained negotiations in good faith with the employer
(2) In accordance with Art. 250 of the Labor Code
(3) Within one year after the certification election. (Book V, Rule VIII, Sec 3 [b])
Deadlock bar rule
A petition for certification election may be filed anytime, EXCEPT:
xxx when a bargaining deadlock to which an incumbent or certified bargaining agent is a party had been submitted to conciliation or arbitration or had become the subject of a valid
notice of strike or lockout (Book V, Rule VIII, Sec. 3 [c])
CONTRACT BAR RULE
Art. 238. The Bureau shall not entertain any petition for certification election or any other action which may disturb the administration of duly registered existing collective bargaining agreements affecting the parties except under Articles 253, 253-A and 256 of this code.
The contract bar rule shall not apply:
(1) When the petition is filed during the freedom period in Articles 253, 253-A, and 256. (2) When the CBA is incomplete
(3) When the CBA is substandard
(4) When the CBA is prematurely renewed (5) When the CBA is unregistered
FREEDOM PERIOD
The last 60 days in a Collective Bargaining Agreement (CBA) is referred to as the “freedom period” when rival union representation can be entertained during the existence of a CBA. (Tanduay Distillery Labor Union v. NLRC, 1987)
CERTIFICATION ELECTION; OTHER REQUIREMENTS
POSTING OF NOTICE
The election Officer shall cause the posting of the notice of election in 2 conspicuous places in company premises at least 10 days before actual election.
Contents of Notice
(1) Date and Time of election; (2) Names of all contending unions; (3) Description of the bargaining unit (4) List of eligible and challenged Voters.
The posting of the notice of election, the information required to be included therein and the duration of the posting cannot be waived by the contending unions or the employer. (Book V Rule IX Sec 6, IRR)
Voting List and Voters
The basis of determining voters may be agreed upon by the parties (i.e. the use
of payroll). (Acoje Workers Union v NAMAWU, 1963)
VOTING DAY
The election shall be set on a regular business day. (IRR, Book V Rule IX Sec. 2)
RUN-OFF ELECTION
Run-Off refers to an election between the labor unions receiving the two (2) higher number of voters in a certification election where—
(1) Majority of the bargaining unit voted (first majority of the double majority rule)
(2) There are three or more choices (note: “no union” is a choice)
(3) Not one of the choices receives a majority of the valid votes cast AND
(4) Total number of votes for all contending unions is at least 50% of the total number of votes cast (this means that at least 50% of the bargaining unit wants to have a union)
RE-RUN ELECTION
A motion for the immediate holding of another certification or consent election can be filed within six (6) months from the date of the declaration of failure of election. (Book V, Rule IX Sec 18)
CONSENT ELECTION
Consent Election means the election voluntarily agreed upon by the parties to determine the issue of majority representation of all the workers in the appropriate collective bargaining unit.
The contending unions may agree to the holding of an election. In which case, it shall be called a consent election. The Med-Arbiter shall forthwith call for the consent election reflecting the parties’ agreement and the call in the minutes of the conference. (Book V RVIII Sec 10)
AFFILIATION AND DISAFFILIATION OF A LOCAL UNION
AFFILIATE
An affiliate is an independent union affiliated with a federated, national union or a chartered local which was subsequently granted
independent registration but did not disaffiliate from its federation, reported to the Regional Office and the Bureau in accordance with Rule III Secs. 6 and 7 of the IRR. (Book V Rule 1 Sec. 1 [a])
INDEPENDENT UNION
A labor organization operating at the enterprise level that required legal personality through independent registration under Art. 234 of the Labor Code and Rule III Sec. 2-A of the IRR. (Book V Rule 1 Sec. 1 [w])
CHARTERED LOCAL (LOCAL CHAPTER)
A labor organization in the private sector operating at the enterprise level that acquired legal personality through the issuance of a charter certificate by a duly registered federation or national union, and reported to the Regional Office in accordance with Rule III Sec. 2-E of the IRR. (Book V Rule 1 Sec. 1 [i]) NATIONAL UNION OR FEDERATION
A group of legitimate labor unions in a private establishment organized for collective bargaining or for dealing with employers concerning terms and conditions of employment for their member union or for participating in the formulation of social and employment policies, standards and programs, registered with the BLR in accordance with Rule III Sec. 2-B of the IRR. (Book V Rule 1 Sec. 1 [kk]) DISAFFILIATION
Disaffiliation Must be by a Majority Decision
Art. 247 (d). 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 ballot impractical, in which case, the board of directors of the organization may make the decision.
Effect of disaffiliation
A registered independent union retains its legal personality while a chartered local loses its legal personality unless it registers itself.
LABOR LAW PREWEEK
SUBSTITUTIONARY DOCTRINE
The employees cannot revoke the validly executed collective bargaining contract with their employer by the simple expedient of changing their bargaining agent. The employees, thru their new bargaining agent, cannot renege on their collective bargaining contract, except of course to negotiate with management for the shortening thereof. (Benguet Consolidated v. BCI Employees and Workers Union-PAFLU, 1998)
UNION DUES AND SPECIAL ASSESSMENTS
Art. 247 (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 the purpose.
Art. 247 (n). 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 of a general membership meeting duly called for the purpose.
Art. 247 (o). Other than for mandatory activities under the Code, no special assessments, attorney’s fees, negotiation fees or any other extraordinary fees may be checked off from any amount 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.
ATTORNEY’S FEES, NEGOTIATION FEES, AND SIMILAR CHARGES
Art. 228 (b). No attorney’s fees, negotiation fees or similar charges of any kind arising from any collective bargaining negotiations or conclusion of the collective agreement shall be imposed on individual member of contracting union. Provided, however, that attorney’s fees may be charged against union funds in an amount to be agreed upon by the parties. Any contract, agreement or arrangement of any sort to the contrary shall be null and void.
JURISDICTION OVER CHECK-OFF DISPUTES
The Bureau of Labor Relations has jurisdiction to hear, decide and to mete out punishment any reported violation under Article 241
Note: Sec of Labor or his duly authorized representative may inquire into financial activities of legitimate labor orgs – UPON filing of complaint under oath and supported by written consent of at least 20% of total membership, Provided, such inquiry shall not be conducted during (60)-day freedom period nor within the thirty (30) days immediately preceding the date of election of union officials (Art. 274).
AGENCY FEES
Art. 254 (e). Employees of an appropriate bargaining unit who are not members of the recognized collective bargaining agent may be assessed a reasonable fee equivalent to the dues and other fees paid by members of the recognized collective bargaining agent, if such non-union members accept 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 bargaining agent.