(w) 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.
2. Chartered Local (Local Chapter) Book V Rule 1 Sec. 1
(i) Chartered Local – 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.
3. Affiliate
Book V Rule 1 Sec. 1
(a) Affiliate – 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.
4. National Union or Federation Book V Rule 1 Sec. 1
(kk) 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.
B. SUPERVISOR/RANK AND FILE UNION AFFILIATION
ART 245. Ineligibility of managerial employees to join any labor organization;
right of supervisory employees –
Managerial employees are not eligible to join, assist or form any labor organization.
Supervisory employees shall not be eligible for membership in a labor organization of the rank and file employees but may join, assist or form separate labor organizations of their own.
-See Art. 243 in Ch. 2.
ART 245-A. Effect of Inclusion as Members of Employees outside the Bargaining Unit –
The inclusion as members of employees outside the bargaining unit shall not be a ground for the cancellation of the registration of the union. Said employees are automatically deemed removed from the list of membership of said union.
C. LOCAL UNION DISAFFILIATION/
MASS DISAFFILIATION
Nature of Right of Disaffiliation Malayang Samahan ng mga Manggagawa vs. Ramos, (2000):
1) A local union, being a separate and voluntary association, is free to serve the interests of all its members.
2) It has the right to disaffiliate or declare its autonomy from the federation to which it belongs when circumstances warrant,
3) in accordance with the constitutional guarantee of freedom of association, and such disaffiliation cannot be considered disloyalty.
Tropical Hut Employees Union vs. Tropical Hut Food Market, Inc (1990):
1) The locals are separate and distinct units primarily designed to secure and maintain an equality of bargaining power between the employer and their employee-members;
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2) and the association of the locals into the national union was in furtherance of the same end.
3) These associations are consensual entities capable of entering into such legal relations with their member.
4) The essential purpose was the affiliation of the local unions into a common enterprise to increase by collective action the common bargaining power in respect of the terms and conditions of labor.
Phil. Skylanders Inc vs. NLRC, (2002):
1) Local Unions remain the basic units of association,
2) free to serve their own interests subject to the restraints imposed by the constitution and by-laws of the national federation, and
3) free also to renounce the affiliation upon the terms laid down in the agreement which brought such affiliation into existence.
D. PERIOD
VIII. UNION SECURITY
A. STATUTORY BASIS AND RATIONALE ART 248 (e). Unfair Labor Practices of Employers –
1) Nothing in this Code or in any other law shall stop the parties from requiring membership in a recognized collective bargaining agent as a condition for employment,
2) EXCEPT those employees who are already members of another union at the time of the signing of the collective bargaining agreement.
3) Employees of an appropriate collective 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, 4) if such non-union members accept the
benefits under the collective agreement:
5) Provided, that the individual authorization required under Article 242 (o) of this Code shall not apply to non-members of the recognized collective bargaining agent.
B. VALIDITY AGREEMENT AND EFFECT ON FREEDOM OF CHOICE; TYPES OF UNION SECURITY PROVISIONS
1. Validity of Agreement
Tanduay Distillery Labor Union vs. NLRC (1987):
1) As a matter of principle the provision of the industrial peace act granting freedom to employees to organize themselves and select their representative for entering into bargaining agreements,
2) should be subordinated to the constitutional provision protecting the sanctity of contracts.
3) And even if the legislature had intended to do so and made such freedom of the laborer paramount to the sanctity of the obligation of contracts,
4) such attempt to override the constitutional provision would necessarily and ipso fact be null and void.
2. Union Shop vs. Maintenance of Membership Shop
Alabang Country Club, Inc. vs. NLRC, (2008):
1) There is Union Shop when all new regular employees are required to join the union within a certain period as a condition for their continued employment.
2) There is Maintenance of Membership Shop when employees who are union members as of the effective date of the agreement, or who thereafter become members, must maintain union membership as a condition for their continued employment until they are promoted or transferred out of the bargaining unit or the agreement in terminated.
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3. Art. 248:
Hiring Continued Employment Ground for termination Union Shop Employees have access to
labor market. Can be hired even if not union member
After some time, employee must become a member
If the employee does not join the union after a reasonable time, it will be grounds for termination, after due process is observed
Closed Shop Employee must become a member at the time of hiring
Must be a member all through-out
If not a member at anytime, grounds for termination, after due process is observed Maintenance Shop Already a member at the
time of hiring
Must maintain
membership, otherwise it shall be a ground for termination
If disaffiliates from union, grounds for termination, after due process is observed
C. COVERAGE: WORKER INCLUSION AND EXCLUSION
ART 248 (e): Unfair Labor Practices of Employers
Nothing in this Code or in any other law shall stop the parties from requiring membership in a recognized collective bargaining agent as a condition for employment, EXCEPT those employees who are already members of another union at the time of the signing of the collective bargaining agreement.
1. Rationale
CLOSED SHOP – The requirement for employees or workers to become members of a union as condition for employment
redounds to the benefit and advantage of said employees because by holding out to loyal members a promise of employment in the closed-shop the union wields group solidarity.
In fact it is said that the closed-shop contract is the most prized achievement of unionism.
2. To Whom a Closed-Shop Proviso Applicable
Employees or laborers that are employed after the CBA was entered into;
Employees who are not members of any labor union at the time the said CBA was entered into.
D. IMPLEMENTATION: OBLIGATION AND LIABILITIES
Olvido vs. CA, (2007):
1) The employer is not considered guilty of ULP
2) if it merely complied in good faith with the request of the certified union for the dismissal of employees expelled from the union
3) pursuant to the union security clause in the CBA.
Malayang Samahan ng mga Manggagawa vs.
Ramos, (2000):
1) Although union security clauses embodied in the CBA may be validly enforced and dismissals pursuant thereto may likewise be valid,
2) this does not erode the fundamental requirement of due process.
3) The reason behind the enforcement of union security clauses which is the sanctity and inviolability of contracts cannot override one’s right to due process.
E. FINANCIAL SECURITY: AGENCY SHOP AND CHECK-OFF
ART 113. Wage Deduction –
1) No employer, in his own behalf or in behalf of any person shall make any deduction from wages of his employees,
2) EXCEPT: (b) For union dues, in cases where the right of the worker or his union to check-off has been recognized by the employer or authorized in writing by the individual worker concerned.
(See also ART 248(e))
National Brewery v. San Miguel Brewery Inc, (1963):
1) If a closed-shop agreement cannot be applied to employees who are already in the service and are members of another union, 2) neither may any agency fee, as a lesser form
of union security, be imposed upon them.
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