MEMBERSHIP; UNION SECURITY AGREEMENTS pursuant to the Corporation Code
A. DUTY TO BARGAIN COLLECTIVELY informed the employee of the possible effects of his
resignation from the union. Employee tried to revoke
Art. 250. Procedure in collective bargaining.
his resignation from the union but this denied by the
Art. 251. Duty to bargain collectively in the union. Company finally granted the request of the
absence of collective bargaining agreements.
union and terminated the employee. Employee
Art. 252. Meaning of duty to bargain collectively.
complained of illegal dismissal.
Art. 253. Duty to bargain collectively when there exists a collective bargaining agreement.
Held:
Art. 253-A. Terms of a collective bargaining Labor unions are not entitled to arbitrarily exclude
agreement.
qualified applicants for membership and a closed –
Art. 254. Injunction prohibited.
shop provision will not justify the employer in
Art. 231. Registry of unions and file of collective discharging, or a union in insisting upon the
bargaining agreements.
discharge of, an employee whom the union thus refuses to admit to membership, without any
Collective Bargaining Agreement – a contract reasonable ground thereof.
executed upon request of either the employer or the Having been dismissed from service owing to
exclusive bargaining representative of the employees unfair labor practice on the part on the part of the
incorporating the agreement reached after union, petitioner is entitled to reinstatement as
negotiations with respect to wages, hours of work member of the union and to his former or
and all other terms and conditions of employment, substantially equivalent position in the company,
including proposals for adjusting any grievance or without prejudice to his seniority and/or rights and
questions under the agreement privileges, and with back pay.
Parties to Collective Bargaining Manila Mandarin Employees Union v. NLRC, 154
1. Employer SCRA 369 (1987)
2. Employees, represented by the exclusive Union security clauses are also governed by law
bargaining agent and by principles of justice, fair play, and legality.
Union security clauses cannot be used by union
Jurisdictional Requirements officials against an employer, much less their own
1. Status of majority representation of the members, except with a high sense of responsibility,
employees’ representative.
fairness, prudence and judiciousness.
Q uic kT im e™
and a 2. Proof of majority representation
TI FF ( U nco mpr es s ed) dec om pr ess orar e needed to s ee t
his pi ct ur e. 3. Demand to bargain under art. 250 (a) (Kiok Loy Refusal To Bargain [Art. 249(c)]
v. NLRC, 141 SCRA 179) A union violates its duty to bargain collectively by
entering negotiations with a fixed purpose of not
The duty of the employer to bargain collectively reaching an agreement or signing a contract.
arises only after the union requests the employer to bargain. If there is no demand, the employer Featherbedding And Make – Work Arrangements
cannot be in default.
[Art. 249 (d)]
When there is a legitimate representation issue,
there is no duty to bargain collectively on the part Kiok Loy v. NLRC, 141 SCRA 179 (1986) of the employer [Lakas ng Manggagawang The union gave the employer copies of its Makabayan v. Marcelo Enterprises, 118 SCRA proposed CBA and requested the company to make
425 (1982)] counter-proposals. The company did not reply. The
union again wrote the company but this was also
Commencement of Bargaining ignored.
During Certification Year – within 12 months after
the determination and certification of the Held:
employees’ exclusive bargaining representative. It is unfair labor practice for an employer to refuse to meet and convene promptly and Bargaining Procedure expeditiously in good faith for the purpose of
The parties may agree on the bargaining negotiating an agreement for wages, hours of work procedure. If there is a procedure agreed upon, and other terms of employment.
the Labor Code Procedure applies suppletorily. A company’s refusal to make counter-proposal if considered in relation to the entire bargaining Bargaining Procedure under the Labor Code process, may indicate bad faith and this is especially (Art. 250) (ANNEX G) true where the Union’s request for a counter proposal
is left unanswered.
Duty to Bargain Collectively When There Is No We agree with the pronouncement that it is not Collective Bargaining Agreement obligatory upon either side of a labor controversy to 1. the performance of a mutual (employer and the precipitately accept or agree to the proposals of the exclusive bargaining agent) obligation to meet other. But an erring party should not be tolerated and
and convene, allowed with impunity to resort to schemes feigning
2. promptly and expeditiously in good faith negotiations by going through empty gestures.
3. for the purpose of negotiating an agreement with
respect to wages, hours of work and all other Evading the Mandatory Subjects terms and conditions of employment, including
proposals for adjusting any grievances or Mandatory Subjects questions arising under such agreement, and 1. Wages
4. Executing a contract incorporating such 2. Hours of Work
agreements. 3. Other Terms and Conditions of Employment
The duty does not compel any party to agree to a Where the subject of the dispute is a mandatory proposal or to make any concession. bargaining subject, either party may bargain to an The CBA remains in full force and effect during impasse as long as he bargains in good faith.
the 60 day period and until a new agreement is Where the subject is nonmandatory, a party may
reached. not insist on bargaining to the point of impasse.
His insistence may be construed as evasion of Duty to Bargain Collectively when there is a the duty to bargain.
Collective Bargaining Agreement
When there is a CBA, the duty to bargain also Bargaining in Bad Faith
means that neither party shall terminate nor There is no per test of good faith in bargaining.
modify such agreement during its lifetime. The good faith or bad faith is an inference to be But 60 days before the CBA expires, either party drawn from the facts and is largely a matter for
may notify the other in writing that it wants to the NLRB’s expertise.
terminate or modify the agreement. The charge of bad faith should be raised while the bargaining is in progress.
Q uic kT im e™
and a
4 Forms of 7th ULP - Violation of the Duty to TI FF ( U nco mpr es s ed) dec om pr ess orar e needed to s ee t
his pi ct ur e.
Bargain Collectively Samahang Manggagawa sa Top Form
1. Failure or refusal to meet and convene Manufacturing-United Workers of the Philippines 2. Evading the mandatory subjects of bargaining v. NLRC, GR No. 13856, 07 September 1998 3. Bad faith in bargaining With the execution of the CBA, bad faith can no 4. Gross violation of the CBA longer be imputed upon any of the parties thereto. All
provisions in the CBA are supposed to have been Failure or Refusal to Meet and Convene jointly and voluntarily incorporated therein by the
parties. This is not a case where private respondent
exhibited an indifferent attitude towards collective 2 conspicuous places in the establishment bargaining because the negotiations were not the concerned for at least 5 days before its unilateral activity of petitioner union. The CBA is good ratification.
enough that private respondent exerted “reasonable 3. Statement that the CBA was ratified by the effort of good faith bargaining.” majority of the employees in the bargaining unit.
Lakas ng Manggagawang Makabayan v. Marcelo The following documents must be certified under Enterprises, GR Nos. L-38258, 38260, 19 oath by the representative of the employer and
November 1982 the labor union.
It is also evident from the records that the charge No other document shall be required in the of bargaining in bad faith imputed to the respondent registration of the CBA.
companies, is hardly c redible. In fact, such charge is
valid as only against the complainant LAKAS. The Procedure
parties had a total of 5 conferences for purposes of 1. The Regional Office or the Bureau shall act on collective bargaining. It is worth considering that the the applications within 5 days form receipt of the first strike of Sept. 4 1967 was staged less than a application.
week after the 4t h CBA conference and without any 2. The Regional Office or Bureau may within 5 days benefit of any previous strike notice. In this from receipt of the application,
connection, it must be stated that the notice of strike a. approve the application and issue the filed on June 13, 1967 could not have been the strike certificate of registration or
notice for the first strike because it was already b. deny the application for failure to comply with withdrawn on July 14, 1967. Thus, from these stated the requirements.
facts can be seen that the first strike was held while c. If the supporting documents are not
the parties were in the process of negotiating. complete, or are not verified under oath, the The company’s refusal to accede to the demands Regional Office or the Bureau shall notify the of LAKAS appears to be justified since there is no applicants in writing of the requirements showing that these companies were in the same needed to complete the registration.
state of financial and economic affairs. o If the applicant fails to complete the There is reason to believe that the first strike was requirements within 10 days from staged only for the purpose of compelling the receipt of notice, application is denied respondent companies to accede to the inflexible without prejudice.
demands of the complainant LAKAS. o The denial shall be in writing, stating in clear terms the reason therefore and served upon the applicant union and Registration of Collective Bargaining Agreements
employer within 24 hours from issuance.
3. The denial by the Regional Office of the Where to file
registration of single enterprise collective With the Regional Office which issued the
bargaining agreements may be appealed to the certificate of registration/certificate of creation of
Bureau while the denial by the Bureau of the chartered local.
registration of multi-employer collective If the certificate of creation of the chartered local
bargaining agreements may be appealed to the was issued by the bureau, the agreement shall
Office of the Secretary, both within 10 days from be filed with the Regional Office which has
receipt of the notice of denial.
jurisdiction over the place where it principally
4. The memorandum of appeal is filed with the operates
Regional Office or the Bureau, as the case may Multi-employer collective bargaining agreements
shall be filed with the Bureau. be.
5. The memorandum of appeal and the entire Q uic kT im e™
and a records of the application shall be transmitted to
TI FF ( U nco mpr es s ed) dec om pr ess or
When to file ar e needed to s ee t
his pi ct ur e. the Bureau or the Office of the Secretary within within 30 days from execution of the CBA.
24 hours from receipt of the memorandum of appeal.
Requirements for registration
6. Bureau or the Office of the Secretary shall The application for CBA registration shall be
resolve within the same period and in the same accompanied by the original and 2 duplicate copies
manner as that prescribed for inter/intra-union of the following documents.
disputes.
1. CBA
2. A statement that the CBA was posted in at least
Duration of CBA
1. Representation Aspect: 5 years B. New and First-Ever CBA (No previous CBA) –
• Refers to the identity and majority status of effective on date agreed upon by the parties the union that negotiated the CBA as the
exclusive bargaining representative. II. Arbitral Awards
2. All other provisions should be renegotiated not A. With Previous CBA
1. Arbitral award final within 6 months from old later than 3 years from effectivity.
• Refers to the rest of CBA, economic as well CBA: retroact to the date following the expiry of the old CBA.
as non-economic other than representational.
2. Arbitral award final after 6 months following the expiration of the old CBA:
Hold Over Principle
General Rule: the agreement between The CBA shall be in full force and effect until the
the parties.
parties reach a new agreement.
If there is no agreement, retroact to the 1st day following the 6-month period New Pacific Timber & Supply Company Inc. v.