Based on the outline of Professor D.P. Disini, Jr. Based on the outline of Professor D.P. Disini, Jr.
Part one: Introduction Part one: Introduction Labor Relations Policy – A211
Labor Relations Policy – A211 A.
A.
a. primacy of collective bargaining and negotiations, including a. primacy of collective bargaining and negotiations, including voluntary arbitration, mediation and conciliation, as modes voluntary arbitration, mediation and conciliation, as modes of settling labor or industrial disputes
of settling labor or industrial disputes
b. Free Trade unionism: instrument for enhancement of b. Free Trade unionism: instrument for enhancement of
democracy and promotion of social justice and development democracy and promotion of social justice and development c. Free and Voluntary Organization of a Strong and United c. Free and Voluntary Organization of a Strong and United
Labor Movement Labor Movement
d. Enlightenment of workers concerning their rights and d. Enlightenment of workers concerning their rights and
obligations as union members and as EEs obligations as union members and as EEs
e. adequate administrative machinery for expeditious e. adequate administrative machinery for expeditious
settlement of labor or industrial disputes settlement of labor or industrial disputes f. stable but dynamic and just industrial peace f. stable but dynamic and just industrial peace
g. participation of workers in decision and policy-making g. participation of workers in decision and policy-making
processes affecting their rights, duties and welfare processes affecting their rights, duties and welfare B.
B.
GR: no court or administrative agency shall have the power to GR: no court or administrative agency shall have the power to set or fix wages, rates of pay, hours of work or other terms set or fix wages, rates of pay, hours of work or other terms and conditions of employment
and conditions of employment
X: otherwise provided by LC[compulsory arbitration, minimum X: otherwise provided by LC[compulsory arbitration, minimum
wage fixing, wage distortion dispute] wage fixing, wage distortion dispute] So areas of concern, summary:
So areas of concern, summary: [[211ALC, AXIII, Sec3*211ALC, AXIII, Sec3*]]
1)
1) MeMeththod ood of Dif Dispuspute te SetSettltlemementent 2)
2) TTrraade Ude Uniniooninismsm 3)
3) WoWorkrker er EnEnlilighghtetenmnmenentt 4)
4) DiDispsputute e SeSettttlelemementnt 5)
5) InInduduststririal al PePeacacee 6)
6) WorkWorker Per Partiarticipacipation tion in Din Decisecision ion MakMakinging 7 7)) WWaagge e FFiixxiinngg 8 8)) TTrriippaarrttiissmm Definitions Definitions
*take note of “means” and “includes” *take note of “means” and “includes” 212e: ER
212e: ER -includes: -includes:
…any person acting in the interest of an employer …any person acting in the interest of an employer …directly or indirectly
…directly or indirectly
-shall not include: any labor organization or any of its officers -shall not include: any labor organization or any of its officers or agents except when acting as ER
or agents except when acting as ER 212f: EE
212f: EE -includes: -includes:
…any person in the employ of an employer …any person in the employ of an employer
…not limited to EEs of a particular ER, unless LC explicitly …not limited to EEs of a particular ER, unless LC explicitly states so
states so
…any individual whose work has ceased as a result of or in …any individual whose work has ceased as a result of or in connection with
connection with
>any current labor dispute >any current labor dispute >any unfair labor practice >any unfair labor practice
+ has not obtained any other substantially equivalent and + has not obtained any other substantially equivalent and regular employment
regular employment
212g: Labor organization 212g: Labor organization
-means any union or association of employees -means any union or association of employees -exists in whole or in part for the purpose of -exists in whole or in part for the purpose of >collective bargaining
>collective bargaining
>dealing with ERs concerning terms and conditions of >dealing with ERs concerning terms and conditions of employment
employment
*not limited to 1 ER: emphasis on purpose for which the union *not limited to 1 ER: emphasis on purpose for which the union is established, not membership
is established, not membership Airline Pilots Association of Airline Pilots Association of the Philippines v. CIR, 76 SCRA 274 (1977)
the Philippines v. CIR, 76 SCRA 274 (1977) 212h: Legitimate Labor Organization 212h: Legitimate Labor Organization -means any labor organization
-means any labor organization -duly
-duly registeredregistered with DOLEwith DOLE
-includes any branch or local thereof (the branch should also -includes any branch or local thereof (the branch should also be a legitimate labor organization
be a legitimate labor organization Lopez Sugar Corp v. SOLE,Lopez Sugar Corp v. SOLE, 247 SCRA 1 (1995)
247 SCRA 1 (1995) 212l: Labor dispute 212l: Labor dispute
-includes any controversy or matter -includes any controversy or matter
-concerning -concerning
>terms and conditions of
>terms and conditions of employmentemployment
>the association or representation of persons in >the association or representation of persons in …negotiating …negotiating …fixing …fixing …maintaining …maintaining …changing …changing
…or arranging the terms and conditions of employment …or arranging the terms and conditions of employment -regardless of whether the disputants stand in the proximate -regardless of whether the disputants stand in the proximate relation of employer and employee
relation of employer and employee
Part two: Right to
Part two: Right to Self-organizationSelf-organization basis of right
basis of right 1.
1. ConConstistituttutioion (An (Art Xrt XIIIIII, Se, Sec.3c.3)) 2
2.. StStaattuuttooryry: : LCLC 3.
3. UniUniveversarsal l decdeclarlaratatioion n of of HRHR 4.
4. ILILO cO cononveventntioion Nn No. o. 4848 SCOPE
SCOPE
A243:All persons employed A243:All persons employed
-in commercial, industrial and agricultural enterprises -in commercial, industrial and agricultural enterprises -in religious, charitable, medical or educational institutions -in religious, charitable, medical or educational institutions -whether operating for profit or not
-whether operating for profit or not …shall have the right
…shall have the right A.
A. to to seselflf-o-orgrgananizizatatioionn B.
B. to foto form, jorm, join, oin, or assir assist last labor obor orgarganizanizatiotions of tns of theirheir own choosing
own choosing
--for purposes of collective bargainingfor purposes of collective bargaining
*those who may form labor organization for their mutual aiid *those who may form labor organization for their mutual aiid and protection: and protection: -ambulant -ambulant -intermittent -intermittent -itinerant workers -itinerant workers -self-employed people -self-employed people -rural workers -rural workers
-those without any definite employers -those without any definite employers EXTENT of RIGHT
EXTENT of RIGHT
-includes right to refuse/refrain from exercising right to -includes right to refuse/refrain from exercising right to self-organization
organization Reyes v. Trajano, 209 SCRA 484 (1992)Reyes v. Trajano, 209 SCRA 484 (1992)
-includes right to raise issues to the ERs in behalf of the EEs -includes right to raise issues to the ERs in behalf of the EEs Union of Supervisors v. SOLE, 109 SCRA 139 (1981)
Union of Supervisors v. SOLE, 109 SCRA 139 (1981) -includes right to disaffiliate
-includes right to disaffiliate Central Negros v. SOLE, 201Central Negros v. SOLE, 201 SCRA 584 (1991)
SCRA 584 (1991)
*Members of Religious Group *Members of Religious Group
-they cannot be compelled to join unions
-they cannot be compelled to join unions Victoriano v. ElizaldeVictoriano v. Elizalde Workers Union, 59 SCRA 54 (1974)
Workers Union, 59 SCRA 54 (1974)
-they can form their own union in accordance with the right to -they can form their own union in accordance with the right to self-organization
self-organization Kapatiran sa Meat and Canning Division v.Kapatiran sa Meat and Canning Division v. Calleja, 162 SCRA 367 (1988)
Calleja, 162 SCRA 367 (1988) A244: Government Employees A244: Government Employees
*established under Corporation Code: right to organize and to *established under Corporation Code: right to organize and to bargain collectively with their respective employers
bargain collectively with their respective employers *all other employees in the civil service: right to form *all other employees in the civil service: right to form associations for purposes not contrary to law
associations for purposes not contrary to law A245: Managerial Employees
A245: Managerial Employees ~Managerial employees:
~Managerial employees: NOT ELIGIBLE to join, assist orNOT ELIGIBLE to join, assist or form any labor organization
form any labor organization ~~Supervisory employees:
~~Supervisory employees: NOT ELIGIBLE for membershipNOT ELIGIBLE for membership in a labor organization of rank and file employees; BUT MAY in a labor organization of rank and file employees; BUT MAY join, assist, or form separate labor organization of their own join, assist, or form separate labor organization of their own
…rank and fie union and the supervisor’s union operating …rank and fie union and the supervisor’s union operating within the same establishment may join the same federatin or within the same establishment may join the same federatin or national union (as amended)
national union (as amended) ~one who is vested with the
~one who is vested with the powers or prerogativespowers or prerogatives a.
a. to lato lay doy down awn and end execxecute mute manaanagemgement pent poliolicieciess b.
b. to hto hire, ire, transtransfer, sfer, suspeuspend, land, lay-ofy-off, ref, recall, call, dischdischarge, arge, assigassign orn or discipline EEs
Based on the outline of Professor D.P. Disini, Jr. Based on the outline of Professor D.P. Disini, Jr.
~~effectively recommend such managerial actions if the exercise of ~~effectively recommend such managerial actions if the exercise of such authority is not merely routinary or
such authority is not merely routinary or clerical in nature but requiresclerical in nature but requires the use of independent judgment
the use of independent judgment A269: Aliens
A269: Aliens
Can only exercise right to s
Can only exercise right to s elf-organization and join orelf-organization and join or assist labor organizations iff:
assist labor organizations iff: a.
a. alalieien hn hololds ds wowork rk pepermrmitit b.
b. alialien is en is a nata nationaional of a l of a councountry wtry which hich grangrants thts the sae sameme or similar rights to Filipino workers
or similar rights to Filipino workers
*NOW: Security guards can exercise right to self-organization. *NOW: Security guards can exercise right to self-organization. Prohibition removed by EO 111
Prohibition removed by EO 111 Workers with NO
Workers with NO RIGHT TO SELF-ORGANIZATIONRIGHT TO SELF-ORGANIZATION 1. Managerial and Confidential
1. Managerial and Confidential EmployeesEmployees Confidential EEs
Confidential EEs
-by necessary implication, ONLY has right to organize for -by necessary implication, ONLY has right to organize for mutual aid and protection
mutual aid and protection -Jurisprudential rules: -Jurisprudential rules:
[1]
[1] DeeDeemed confidemed confidentiantial l EE EE IF IF he *acts he *acts in in a a confconfidenidentiatiall ca
capacpacitity, y, *a*assissists sts ananotother her indindiviividuadual l whwho o forformulmulatates,es, det
determiermines, effectunes, effectuateates s mgt mgt polpolicieicies s in in the field the field of of labolaborr rela
relatiotions, ns, and *has and *has acceaccess ss to to infoinformatrmation re ion re labolabor r mgt.mgt. relations as *an integral part of his job (nature of access + relations as *an integral part of his job (nature of access + nature of info).
nature of info).
[2] If the info relates to non-labor mgt relations, no right to [2] If the info relates to non-labor mgt relations, no right to SO.
SO.
2. Cooperative members 2. Cooperative members
a. if individual also an EE and member of cooperative: Can’t a. if individual also an EE and member of cooperative: Can’t exercise right
exercise right Rural Bank of Davao CaseRural Bank of Davao Case
b. if only EE, not a member of cooperative, can exercise right b. if only EE, not a member of cooperative, can exercise right to self-organize
to self-organize *t
*the he facfact t of of owownernershiship p of of the the cocoopeoperatrativeives s (me(membembers rs of of coopera
cooperatives are co-owners of the tives are co-owners of the cooperacooperative) is the tive) is the basis of basis of prohibit
prohibition as the ion as the owner cannot bargain with himself owner cannot bargain with himself Benguet Benguet Electric Cooperative v. Calleja, 180 SCRA 740 (1989)
Electric Cooperative v. Calleja, 180 SCRA 740 (1989) *
*What about stockholders: Corporation vs. What about stockholders: Corporation vs. CooperativeCooperative ((RurRural al Bank of Bank of DavaDavao o CasCase): e): diffdifferenerent t from cooperfrom cooperatiative ve soso different rules apply
different rules apply C
Cooooppeerraattiivvee CCoorrppoorraattiioonn purpos
purpos e e
s
seerrvviiccee pprrooffiitt owners owners hip hip 1 1 sshhaarree MMaanny y sshhaarreess 3. Non-employees 3. Non-employees
4. *EEs outside the bargaining unit: A245-A 4. *EEs outside the bargaining unit: A245-A
- EEs outside the bargaining unit who became union members - EEs outside the bargaining unit who became union members sha
shall ll be be autautomomataticaically lly dedeemeemed d reremovmoved ed frofrom m ththe e lilist st of of memb
membershership of ip of said union – said union – shoushould join ld join uniounion n in their in their ownown bargaining unit? (NOTE: this provision is new. And weird. What bargaining unit? (NOTE: this provision is new. And weird. What about national and federal unions?)
about national and federal unions?)
Part three: Labor Organization Part three: Labor Organization 212g: Labor organization
212g: Labor organization
-means any union or association of employees -means any union or association of employees -exists in whole or in part for the purpose of -exists in whole or in part for the purpose of >collective bargaining
>collective bargaining
>dealing with ERs concerning terms and conditions of >dealing with ERs concerning terms and conditions of employment
employment
*not limited to 1 ER: emphasis on
*not limited to 1 ER: emphasis on purpose purpose for which thefor which the union is established, not membership
union is established, not membership Airline Pilots Association Airline Pilots Association of the Philippines v. CIR, 76 SCRA 274 (1977)
of the Philippines v. CIR, 76 SCRA 274 (1977) Legitimate Labor Organization
Legitimate Labor Organization -duly
-duly registeredregistered with DOLEwith DOLE
-includes any branch or local thereof (the branch should also -includes any branch or local thereof (the branch should also be a legitimate labor organization
be a legitimate labor organization Lopez Sugar Corp v. SOLE,Lopez Sugar Corp v. SOLE, 247 SCRA 1 (1995)
247 SCRA 1 (1995)
Labor union and Gover
Labor union and Government Regulationnment Regulation A234 Requirements for registration in general A234 Requirements for registration in general -a federation
-a federation …national union …national union
…industry or trade union center …industry or trade union center …an independent union
…an independent union -sha
-shall ll acquacquire legal ire legal perspersonalonality and ity and shalshall l be be ententitleitled d to to thethe ri
rightghts s anand d priprivilvilegeges es grgrananteted d by by lalaw w to to lelegitgitimaimate te lalaboborr organizations
organizations
-WHEN: upon issuance of the certificate of registration -WHEN: upon issuance of the certificate of registration -required to be submitted:
-required to be submitted: (a) P50.00 registration fee (a) P50.00 registration fee (b)names of its officers (b)names of its officers …their addresses …their addresses
…the principal address of the labor organization …the principal address of the labor organization …the minutes of the organizational meetings …the minutes of the organizational meetings
…the list of the workers who participated in such meetings …the list of the workers who participated in such meetings (c) if applicant: independent union
(c) if applicant: independent union: names of : names of ALL its membersALL its members co
comprmprisiising ng at at leleast 20% ast 20% OF OF ALL THE ALL THE EMPEMPLOYLOYEES IN EES IN THTHEE BARGAINING UNIT where it seeks to operate
BARGAINING UNIT where it seeks to operate (d) if
(d) if appapplicalicant nt uniounion n in existenin existence ce for 1+ for 1+ yearyears: s: copcopies of ies of annual financial reports
annual financial reports
(e)4 copies of the constitution and by-laws of the applicant (e)4 copies of the constitution and by-laws of the applicant union
union
…minutes of its adoption or ratification …minutes of its adoption or ratification …list of the members who participated in it …list of the members who participated in it ~ce
~certrtifiified ed undunder er oaoath th by by secsec/tr/treaeasursurer; er; atattetestested d to to byby president (A235)
president (A235)
A234-A Chartering and Creation of a Local Chapter A234-A Chartering and Creation of a Local Chapter -duly registered federation/nat
-duly registered federation/national union ional union may directly may directly createcreate a local chapter by issuing a
a local chapter by issuing a charter certificatecharter certificate indicating theindicating the establishment of the local chapter
establishment of the local chapter *rights of Local chapter
*rights of Local chapter -l
-legegal al pepersrsononalalitity y fofor r pupurprpososes es of of fifililing ng a a pepetititition on foforr Cert
Certificificatiation on ElecElection (CE): from tion (CE): from the date the date it was it was issuissued ed aa charter certificate
charter certificate -a
-all ll ototheher r ririghghts ts anand d prprivivililegeges es of of a a lelegigititimamate te lalaboborr organization: upon submission of the following documents: organization: upon submission of the following documents: (a) names of the chapter’s officers
(a) names of the chapter’s officers …their addresses
…their addresses
…the principal office of the chapter …the principal office of the chapter (b)
(b) chachapterpter’s ’s consconstittitutioution n and by-lawand by-laws; s; if if the same the same as as thethe cons
constittitutioution n and and by-lby-laws aws of of the the fedefederatration/ion/natinational onal uniounion,n, indicate fact accordingly
indicate fact accordingly ~ce
~certrtifiified ed undunder er oaoath th by by secsec/tr/treaeasursurer; er; atattetestested d to to byby president (A235)
president (A235) A
A223377. . AAddddiittiioonnaal l rreeqquuiirreemmeenntts s ffoorr Federations/National Unions
Federations/National Unions (aside from those in 234)(aside from those in 234) (a) proof of the affiliation of
(a) proof of the affiliation of at least 10 locals/chaptersat least 10 locals/chapters,, each of which must be
each of which must be duly recognized collective bargainingduly recognized collective bargaining agent
agent in the establishment or industry in which it operates,in the establishment or industry in which it operates, s
suuppppoorrttiinng g tthhe e rreeggiissttrraattiioon n oof f ssuucch h aapppplliiccaanntt federation/national union
federation/national union
(b)names and addresses of the companies where the locals or (b)names and addresses of the companies where the locals or chapters operate
chapters operate
…and the list of all the members in each company involved …and the list of all the members in each company involved Additional Jurisprudence Rules:
Additional Jurisprudence Rules: *Boo
*Book k of of accoaccounts not unts not requrequired to ired to be be submsubmittitted ed anymanymoreore sin
since ce prprototectectioion n of of lablabor or can can be be acachihieveeved d ththrorough ugh thethe reportorial requirements in LC
reportorial requirements in LC Pagpalain Haulers v. Trajano,Pagpalain Haulers v. Trajano, 310 SCRA 354 (1999)
310 SCRA 354 (1999)
*By-laws of the union not needed to be submitted if it is part *By-laws of the union not needed to be submitted if it is part of the union’s constitution
of the union’s constitution SMC v. Mandaue, 467 SCRA 107SMC v. Mandaue, 467 SCRA 107 (2005)
(2005)
*Registration is merely a condition sine quo non for *Registration is merely a condition sine quo non for 1. the acquisition of legal personality
1. the acquisition of legal personality
2. possession of rights and privileges not guaranteed by the 2. possession of rights and privileges not guaranteed by the constitution or by statutory creations
constitution or by statutory creations PAFLU v. SOLE, 27 SCRAPAFLU v. SOLE, 27 SCRA 40 (1969)
Based on the outline of Professor D.P. Disini, Jr. Based on the outline of Professor D.P. Disini, Jr. Action or Denial of Application and Remedy Action or Denial of Application and Remedy A235:
A235: Bureau shall act on application for registration withinBureau shall act on application for registration within 30 days from filing
30 days from filing
-All requisite documents and papers shall be certified under -All requisite documents and papers shall be certified under oath by the secretary or the treasurer and attested by the oath by the secretary or the treasurer and attested by the president.
president. A236:
A236: appeappeal al denidenialal wiwiththin in 10 10 dadays ys frfrom om rerececeipipt t of of notice
notice
Rights of legitimate labor
Rights of legitimate labor organizationorganization A242
A242
(a)
(a)
act as representative of act as representative of its membersits members for CBfor CB (b)(b) certcertifieified as exclusid as exclusive repreve representsentativative of ALL EEs in ane of ALL EEs in an appropriate bargaining unit (ABU) for purposes of CB appropriate bargaining unit (ABU) for purposes of CB (c
(c)) to be to be fufurnrnisishehed d by by ER upoER upon n wrwrititteten n rereququesest t wiwithth ann
annual ual audiaudited ted finafinanciancial l statstatemeements nts (aft(after er beinbeingg c
ceerrttiiffiieed d aas s dduully y rreeccooggnniizzeed d bbaarrggaaiinniinngg re
reprepresensentatatitive ve or or w/n w/n 60 60 calcalendendar ar dadays ys befbeforeore expiration of CBA or during CB negotiations
expiration of CBA or during CB negotiations (d)
(d) own prown properoperty for lty for labor oabor org and mrg and membeembersrs (e
(e)) susue ae and nd be be susueded (f)
(f) undeundertartake all otke all other acher activitivitieties designs designed to beed to benefinefit thet the org and its mems
org and its mems Effect of nonregistration
Effect of nonregistration: Cannot avail of A242 rights: Cannot avail of A242 rights Cancellation of Union Certificate Registration Cancellation of Union Certificate Registration A238:
A238: may be cancelled by the Bureau,may be cancelled by the Bureau, --after due hearingafter due hearing
-only on A239 grounds -only on A239 grounds A238-A:
A238-A: EEffffeect ct oof f a a PPetetititioion n fofor r CCananelellalatition on oof f Registration
Registration
-shall not suspend the proceedings for Certification Election -shall not suspend the proceedings for Certification Election -shall not prevent the filing of a petition for CE
-shall not prevent the filing of a petition for CE A239:
A239: GrounGrounds ds for for cancecancellatiollation n of of Union RegistratUnion Registrationion (NOW ONLY 3):
(NOW ONLY 3):
(a)
(a)
mmisrepresentation,isrepresentation, f f alse statement oralse statement or f f raud (MFF) inraud (MFF) in connecticonnection with on with thethe adoptioadoption or n or ratificratification of ation of thethe constitution and by-laws or amendments thereto constitution and by-laws or amendments thereto , the, the minutes of ratification and the list of members who minutes of ratification and the list of members who took part in the ratification
took part in the ratification
(b)
(b)
MFF in connection withMFF in connection with elections of officers,elections of officers, minutesminutes of the election of officers, and the list of votersof the election of officers, and the list of voters (c)
(c) VoluVoluntarntary dissy dissolutolution bion by the my the membeembersrs A239-A:
A239-A: Voluntary CancellationVoluntary Cancellation -cancelled by LO itself
-cancelled by LO itself
-at least 2/3 of its general membership votes -at least 2/3 of its general membership votes
…in a meeting duly called for that purpose to dissolve the …in a meeting duly called for that purpose to dissolve the organization
organization -a
-applpplicicatation ion to to cacancencel l subsubmimitttted ed by by ththe e boboard ard of of the LO,the LO, attested by president
attested by president Union-member relations Union-member relations Nature of relationship:
Nature of relationship: fiduciary in nature, arises out of fiduciary in nature, arises out of (1)
(1) degdegree of depree of dependendenence of the indice of the individvidual EE on theual EE on the unin
unin (2
(2)) cocompmprerehehensnsivive e popowewer r veveststed ed in in ththe e ununioion n wiwithth respect to the individual
respect to the individual *Union is the agent of its members
*Union is the agent of its members Heirs of Cruz v. CIR, 30Heirs of Cruz v. CIR, 30 SCRA 917 (1969)
SCRA 917 (1969) *Issues:
*Issues:
A. Admission and Discipline of Members A. Admission and Discipline of Members
-union can set rules and regulations for Union membership -union can set rules and regulations for Union membership (A249a)
(A249a)
-an EE is entitled to union membership regardless of status, -an EE is entitled to union membership regardless of status, from day 1 (A277c)
from day 1 (A277c)
B. Retention of Membership B. Retention of Membership C. Discipline
C. Discipline
-rooted on self-preservation
-rooted on self-preservation Villar v. Inciong, 121 SCRA 444Villar v. Inciong, 121 SCRA 444 (1983)
(1983)
D. Due Process Rules D. Due Process Rules
- a member of a labor union may be expelled only for valid - a member of a labor union may be expelled only for valid causes and by following the procedure outlined in the LO’s causes and by following the procedure outlined in the LO’s co
constnstititutution ion anand d by by lalawsws BuBugnagnay y v. v. KapKapisaisananan n ng ng mgamga Manggagawa sa MRR, 4 SCRA Manggagawa sa MRR, 4 SCRA E. Election Officers E. Election Officers A241(c) A241(c)
--by secret ballotby secret ballot -at intervals of 5 years -at intervals of 5 years
-no qualification requirements for candidacy to any position -no qualification requirements for candidacy to any position other than
other than good standinggood standing in the subject LOin the subject LO
-SOLE provided with a list of newly-elected officers within 30 -SOLE provided with a list of newly-elected officers within 30 ca
calenlendar dar dadays ys aftafter er ththe e elelectectioion n of of offofficeicers rs or or frofrom m thethe occurrence of any change in the list of officers
occurrence of any change in the list of officers Jurisprudential Rules:
Jurisprudential Rules: -onl
-only y membmembers of ers of the LO the LO are qualiare qualified to fied to votvote, e, exceexcept aspt as otherwise provided by Consti and by-laws
otherwise provided by Consti and by-laws UST Faculty UnionUST Faculty Union v. Bitonio, 318 SCRA 185 (1999)
v. Bitonio, 318 SCRA 185 (1999) -pr
-previevious ous mimiscoscondnduct uct of of cacandindidatdates es is is nonot t a a grgrouound nd forfor disqualif
disqualification of as ication of as an officeran officer ManalaManalad v. d v. TrajanoTrajano, 174 , 174 SCRASCRA 322 (1989)
322 (1989)
F. Major Policy Matter F. Major Policy Matter A241d
A241d
-by secret ballot -by secret ballot -after due deliberation -after due deliberation -a
-any ny ququesestition on of of mamajojor r popolilicy cy afaffefectctining g ththe e enentitirere membership of the organization
membership of the organization -unl
-unless the ess the natunature re of of the organizthe organizatiation on or or forcforce e majemajeureure renders such secret ballot
renders such secret ballot impracticimpractical: board al: board of directorsof directors may make the decision in behalf of the general membership may make the decision in behalf of the general membership G. Union Funds, Source of payment
G. Union Funds, Source of payment A241
A241 b:
b: memmembebers rs ententititled led to to fufull ll and and detdetaiailed led rereporports ts of of allall financial transactions
financial transactions
g. no collection of any fees, dues or other contributions or g. no collection of any fees, dues or other contributions or make any disbursements unless duly authorized
make any disbursements unless duly authorized
h. payment of fees, dues or other contributions evidenced h. payment of fees, dues or other contributions evidenced by receipt
by receipt
i. disbursement of funds: i. disbursement of funds:
…purpose or object expressly provided by consti and …purpose or object expressly provided by consti and
by-laws laws
…expressly authorized by written resolution adopted by …expressly authorized by written resolution adopted by
the majority of the members at a
the majority of the members at a general meetigeneral meeting dulyng duly called for the purpose
called for the purpose j. record of financial records j. record of financial records
l.
l. tretreasurasurer er of of any any labolabor r orgaorganizanizatiotion n and every and every offiofficercer responsible for the account of such organization …shall responsible for the account of such organization …shall render to the organization and to its members a
render to the organization and to its members a true andtrue and correct account of all moneys received
correct account of all moneys received m.
m. book of book of accoaccounts and other recordunts and other records s of the of the finafinancianciall activities open to inspection
activities open to inspection
n. LEVY: no special assessment or other extraordinary fees n. LEVY: no special assessment or other extraordinary fees
may be levied upon the members of a LO
may be levied upon the members of a LO unlessunless
…authorized by a written resolution of a majority of all …authorized by a written resolution of a majority of all the members in a general membership meeting duly the members in a general membership meeting duly called for the purpose
called for the purpose
…secretary of the LO record the minutes of the meeting …secretary of the LO record the minutes of the meeting …president attest the record
…president attest the record
o. CHECK-OFF: other than for mandatory activities under LC: o. CHECK-OFF: other than for mandatory activities under LC: no special assessment, attorney’s fees, negotiation fees no special assessment, attorney’s fees, negotiation fees or any other extraordinary fees may be checked-off from or any other extraordinary fees may be checked-off from any amount due to an EE
any amount due to an EE *requirements for it to be allowed *requirements for it to be allowed
-an
-an indindividividual ual wriwrittetten n autauthorihorizatization on dulduly y signsigned ed by by thethe employee
employee
-authorization should specifically state -authorization should specifically state …the amount …the amount …purpose …purpose …beneficiary of deduction …beneficiary of deduction
Based on the outline of Professor D.P. Disini, Jr. Based on the outline of Professor D.P. Disini, Jr.
*Re Attorney’s fees:
*Re Attorney’s fees: distinguidistinguish between sh between extraorextraordinary feesdinary fees in A241 and atty’s fees in A222
in A241 and atty’s fees in A222 A222
A222 speaks of atty’s fees re disputesspeaks of atty’s fees re disputes A241
A241 speaspeaks ks of of specspecial ial asseassessmenssments ts and and extrextraordaordinarinaryy expenses; this can be processed thru check off
expenses; this can be processed thru check off *ABS
*ABS-CB-CBN case: N case: whewhen atty’s fees effecn atty’s fees effected throted through forceugh forcedd cont
contribuributiontions s from the from the workworkers’ own ers’ own fundfunds, s, and and not fromnot from union’s funds, it is prohibited unless it has complied with the union’s funds, it is prohibited unless it has complied with the requirements in LC – no shortcuts
requirements in LC – no shortcuts
Part four: Union Security Part four: Union Security 248 (e) ULP ERs
248 (e) ULP ERs
Nothing in LC or in any other law shall stop the parties from Nothing in LC or in any other law shall stop the parties from requiring membership in a recognized CB Agent as a condition requiring membership in a recognized CB Agent as a condition for employment, except
for employment, except
-EEs who are already members of another union at the time of -EEs who are already members of another union at the time of the signing of the CBA
the signing of the CBA Closed-shop:
Closed-shop: an enterprise in which by agreement betweenan enterprise in which by agreement between the ER and EE, no person may be employed in any or certain the ER and EE, no person may be employed in any or certain agreed departments unless he/she is, becomes, and for the agreed departments unless he/she is, becomes, and for the dur
duratatioion n of of the the agragreeeemenment, t, remremainains s a a memmember ber in in gogoodod standing of a union entirely comprised of or of which the EE in standing of a union entirely comprised of or of which the EE in interest are apart (Rothenberg)
interest are apart (Rothenberg)
*for there to be a closed-shop agreement (CSA) in the CBA, *for there to be a closed-shop agreement (CSA) in the CBA, the member
the membership in ship in the union should be the union should be a a requrequiremirement forent for continuing employment in the company
continuing employment in the company Coverage:
Coverage:
a. persons to be hired a. persons to be hired
b. EEs who are not yet members of any LO b. EEs who are not yet members of any LO Rationale:
Rationale:
-promote unionism -promote unionism -encoura
-encourage workers to join and ge workers to join and support the union of choice insupport the union of choice in the protection of their rights and interest against ER
the protection of their rights and interest against ER Implementation of the CSA
Implementation of the CSA -ER bound to
-ER bound to exerexercise cauticise caution on in dismissiin dismissing ng EEs based onEEs based on CSA; should inquire into the lawfulness of the dismissal
CSA; should inquire into the lawfulness of the dismissal Financial Security
Financial Security A248e
A248e
-EEs of an appropriate bargaining unit who are not members -EEs of an appropriate bargaining unit who are not members of the recognized CB agent may be assessed a reasonable fee of the recognized CB agent may be assessed a reasonable fee equivale
equivalent ot the dues nt ot the dues and other fees paid by members of theand other fees paid by members of the recognized CB agent, if such non-union members accept the recognized CB agent, if such non-union members accept the benefits under the CBA
benefits under the CBA Types Types Access to labor Access to labor market market Post Post employment employment Termination Termination CLOSED CLOSED SHOP SHOP Membership Membership required, only required, only hire members hire members Retain Retain membership membership Could Could terminate if terminate if not member not member provided provided due process due process observed observed UNION UNION SHOP SHOP Open – no Open – no membership membership requirement requirement MAINTENAN MAINTENAN CE CE F
Frreee e aacccceessss IIf f jjooiin n uunniioonn,, maintain maintain membership membership
Part Five: Appropriate Bargaining Unit Part Five: Appropriate Bargaining Unit Rothenberg Definition:
Rothenberg Definition: 1.
1. compcompositosition: aion: all or lll or less thess than alan all the El the EEs of a Es of a partparticulicularar ER
ER 2.
2. ER’ER’s equits equity y mumust be consst be consideidered (ared (admidminisnistrtratation of ion of CBA)
CBA) 3.
3. grgrououp p EEEEs s in thein their mutir mutuaual l anand d cocommmmon inton intereresest:t: wages, hours of work, other terms and conditions of wages, hours of work, other terms and conditions of employment
employment
-b
-besest t asassusure re wwororkekers rs ththeir eir recrecipriprococal al rigrights hts inin accordance with law
accordance with law
-best assure workers of exercise of right -best assure workers of exercise of right -maximum exercise of rights granted by law -maximum exercise of rights granted by law Factors to determine ABU
Factors to determine ABU *Standard test:
*Standard test: Community or mutuality of interest: basicCommunity or mutuality of interest: basic test of an
test of an asserted bargaiasserted bargaining unit’s acceptabilining unit’s acceptability is ty is WON it isWON it is fundamentally the combination which will best assure to all fundamentally the combination which will best assure to all EEs
EEs the exercisthe exercise e of of thetheir ir collcollectiective ve bargbargainaining ing righrightsts UP v.UP v. Ferrer-Calleja, 211 SCRA 452 (1992)
Ferrer-Calleja, 211 SCRA 452 (1992) *factors considered in
*factors considered in Democratic Labor Association v. CebuDemocratic Labor Association v. Cebu Stevedoring Co. Inc. (103 Phil 1103 [1958]):
Stevedoring Co. Inc. (103 Phil 1103 [1958]): (1) will of employees (Glove Doctrine); (1) will of employees (Glove Doctrine); (2)
(2) afaffinfinitity y anand d uniunity ty of of empemployloyee'ee's s intintererestest, , sucsuch h asas substantial similarity of work and duties or similarity of substantial similarity of work and duties or similarity of compensation and working conditions;
compensation and working conditions; (3) prior collective bargaining history; and (3) prior collective bargaining history; and
(4) employment status, such as temporary, seasonal and (4) employment status, such as temporary, seasonal and
probationary employees". probationary employees". *Geography:
*Geography: whwhen en didiff ff kikindnds s of of woworkrks, s, prproboblelems ms anandd inte
interestrests s of of EEs are EEs are pecupeculialiar r in in eaceach h camcamp p or departmor departmentent Beng
Benguet uet ConConsolisolidatdated ed v. v. BoboBobok k LumbLumberjaerjack ck AssnAssn., ., 103 103 PhilPhil 1150 (1958)
1150 (1958)
On Corporate Entitles On Corporate Entitles Gen
Gen. . RulRule:e: DayoDayotogatogan n and and InteInterphrphilil – – CorCorporaporate te fictfiction,ion, tr
treaeateted d as as didististinct nct corcorpoporatratioions ns eveeven n if if ththereere’s ’s cocommommonn ownership.
ownership. Exception:
Exception: PhilPhilippiippine ne ScoScouts uts VeteVeterans rans casecase – – If If ththerere’e’ss pervasive commonality, piercing the corporate veil is justified. pervasive commonality, piercing the corporate veil is justified. Unit Severance/Globe Doctrine (from BarOps reviewer)] Unit Severance/Globe Doctrine (from BarOps reviewer)] It is best explained in the context of a market place and the It is best explained in the context of a market place and the demand of employment on such market place. The GLOBE demand of employment on such market place. The GLOBE DOCTRINE usually applies to employees with rare skills or DOCTRINE usually applies to employees with rare skills or highly technical ones.
highly technical ones.
Example given: Case of Pilots and Stewardess. Example given: Case of Pilots and Stewardess. If
If ,o,oririgiginanalllly, y, pipilolots ts anand d ststewewarardedesssses es bebelolong ng to to ONONEE ba
bargrgaiainining ng ununit it (u(uninit t A) A) fofor r ththe e pupurprposose e of of cocollllecectitiveve bargaining, with the use of the GLOBE DOCTRINE a plebiscite bargaining, with the use of the GLOBE DOCTRINE a plebiscite can be held to determine if the pilot employees would want to can be held to determine if the pilot employees would want to form a separate bargaining unit (unit B).
form a separate bargaining unit (unit B). Illustration:
Illustration: Un
Unit it A A (o(oririgiginanal l babargrgaiainining ng ununitit) ) : : 10100 0 PiPilolots ts + + 202000 Stewardesses = 300 employees Unit B (proposed new unit): Stewardesses = 300 employees Unit B (proposed new unit): Pilots = 100 employees.
Pilots = 100 employees. Tho
Those in se in unit B unit B (100 pilot(100 pilots) s) will vote in will vote in a a plebplebisciiscite. Theirte. Their choices will be
choices will be
(1) To vote for Unit A: this would mean that they do not wish (1) To vote for Unit A: this would mean that they do not wish to separate from the original bargaining unit.
to separate from the original bargaining unit.
(2) To vote for Unit B: This would mean that they would want (2) To vote for Unit B: This would mean that they would want to form their OWN bargaining unit, composed of pilots only. to form their OWN bargaining unit, composed of pilots only. (3) Neither: They do not want the choices If you
(3) Neither: They do not want the choices If you have one BIGhave one BIG barg
bargainiaining ng unitunit, , most probablmost probably y you you are are grogroupinuping g togtogetheetherr DIFFERENT SKILLED workers.
DIFFERENT SKILLED workers. Ratio
Rationale of nale of the Globe the Globe DoctrDoctrine:ine: highly skilled highly skilled workersworkers have to separate to increase their market value.
have to separate to increase their market value. Unde
Under r the the GloGlobe be DoctDoctrinerine,, will of will of the employthe employeesees is theis the determinative factor.
determinative factor. *Eff
*Effect ect of of prioprior r agreagreementement:: A A priprior or agagrereemeement nt on on thethe c
coompmpoosisittiioon n of of a a bbaarrgagaiinining ng uunnit it iis s nonot t bbiindndiingng.. Appropriateness of bargaining unit composition may change. Appropriateness of bargaining unit composition may change. DLSU v. DLSU Employees Assn, 330 SCRA 363 (2000)
DLSU v. DLSU Employees Assn, 330 SCRA 363 (2000) Part Six: Union Representation: Establishing Union Part Six: Union Representation: Establishing Union
Majority Status Majority Status Precondition: EER
Precondition: EER -a
-absebsent nt EEREER, , ththereere’s ’s no no duduty ty to to barbargaigain; n; ababsensent t duduty ty toto bargain, no need to conduct CE
Based on the outline of Professor D.P. Disini, Jr. Based on the outline of Professor D.P. Disini, Jr. Purpose:
Purpose: -det
-determiermine ne wilwill l of of worworkers on kers on cruccrucial ial quequestiostion n of of who shallwho shall repr
represenesent t them them in in thetheir ir negonegotiatiatiotions ns witwith h the the manamanagemegementnt and for a
and for a CBA that will best CBA that will best project and promote their intereproject and promote their interestst Port Workers Union of the Philippines v.
Port Workers Union of the Philippines v. Laguesma, 207 SCRALaguesma, 207 SCRA 329 (1992)
329 (1992)
--Reyes v. Trajano:Reyes v. Trajano: to ascertain wishes of the majority of EEs into ascertain wishes of the majority of EEs in ABU
ABU
…to be represented or not …to be represented or not …if to be represented, by whom …if to be represented, by whom
Methods of Establishing Majority Status Methods of Establishing Majority Status *
*CerCertiftificaicatiotion n eleelectiction on vs. vs. ConConsensent t EleElectictionon WarrenWarren Manuf
Manufacturacturing Workers Union v. ing Workers Union v. BLR, 159 BLR, 159 SCRA 387SCRA 387 (1988)
(1988)
C
CEE CCoonnEE
O
Orrddeerreedd AAggrreeeed d uuppoon n bby y tthhe e ppaarrttiieess D
Deetteerrmmiinnees s ssoolle e aanndd exclusive bargaining agent or exclusive bargaining agent or representative for CB
representative for CB
De
Detetermrminines es ththe e isissusue e of of majority representation of all majority representation of all tthhe e wwoorrkkeerrs s iin n tthhee appropriate CBU
appropriate CBU *
*sseeppaarraatte e aannd d ddiissttiinncctt pro
procecess; ss; hahas s notnothinhing g to to dodo with the import and effect of with the import and effect of a CE
a CE *Run-off election:
*Run-off election:
-when CE provides 3+ choces -when CE provides 3+ choces
-no choice receives majority of the valid votes cast -no choice receives majority of the valid votes cast
-conducted between the 2 LO receiving the highest number of -conducted between the 2 LO receiving the highest number of votes, total number of votes for all contending unions is at votes, total number of votes for all contending unions is at least 50% of the number of votes cast
least 50% of the number of votes cast *Voluntary Recognition
*Voluntary Recognition
-process of determining, through secret ballot the sole and -process of determining, through secret ballot the sole and excl
exclusivusive e reprrepresenesentattative ive of of the employethe employees es in in an an ABU forABU for purposes of CB + reported with the Regional office + Only 1 purposes of CB + reported with the Regional office + Only 1 legitimate LO in establishment
legitimate LO in establishment Before VR recognized:
Before VR recognized: -no direct certification -no direct certification
-statutory policy that cannot be circumvented -statutory policy that cannot be circumvented
-law is partial to CE: most democratic and efficient means to -law is partial to CE: most democratic and efficient means to determine will of EE
determine will of EE
Now: with DO no. 40-03: VR bar to CE within 1 year (so for 1 Now: with DO no. 40-03: VR bar to CE within 1 year (so for 1 year, ER compelled to recognize a LO that may not represent year, ER compelled to recognize a LO that may not represent the majority opinion in the establishment)
the majority opinion in the establishment)
*No direct certification by ER of a LO as the EBR
*No direct certification by ER of a LO as the EBR ColgateColgate Palmoli
Palmolive v. Ople, 163 ve v. Ople, 163 SCRA 323 (1988)SCRA 323 (1988) Process: Filing a PCE
Process: Filing a PCE
I. The UNION as initiating party I. The UNION as initiating party A. Organized Establishment A. Organized Establishment A256.
A256. -Ver
-Verifieified d petipetitiotion n quesquestiotioning ning majomajority rity statstatus us of of incincumbeumbentnt barg
bargainiaining ng agenagent t (PCE(PCE) ) [a [a formformal al requrequisitisite; e; even if even if laclackingking,, court may dispense with the requirement in the interest of court may dispense with the requirement in the interest of justice
justice National Mines and Allied Workers Union v. SOLE, 227National Mines and Allied Workers Union v. SOLE, 227 SCRA 821 (1993)]
SCRA 821 (1993)]
-filed by any LEGITIMATE LO including -filed by any LEGITIMATE LO including
….a national union or federatio
….a national union or federation which has n which has already issued aalready issued a charter certificate to its local chapter participating in the CE charter certificate to its local chapter participating in the CE …a local chapter which has been issued a charter certificate …a local chapter which has been issued a charter certificate by
by ththe e nanatitiononal al ununioion n or or fefedederaratition on [a[acqcquiuireres s lelegagall per
persosonalnalitity y to file a to file a PCE from the date it PCE from the date it wawas s isissuesued d aa charter certificate – A234-A]
charter certificate – A234-A] -V
-VENENUUE: E: bebefofore re ththe e DODOLE LE [s[sinince ce ththe e woworkrker er is is ththee disadvantaged party, the LO may file PCE in the nearest DOLE disadvantaged party, the LO may file PCE in the nearest DOLE office – not necessarily the regional office
office – not necessarily the regional office Cruz Valle Inc. v.Cruz Valle Inc. v.
Laguesma, 238 SCRA 38
Laguesma, 238 SCRA 389 (1994;9 (1994; DO 40-03 requires that PCEDO 40-03 requires that PCE be filed with the Regional Office which issued the petitioning be filed with the Regional Office which issued the petitioning LO’s certificate of registration
LO’s certificate of registration )] )] -within
-within 60-day period 60-day period before the expiration of the CBA (duringbefore the expiration of the CBA (during the freedom period)
the freedom period) -Med-Ar
-Med-Arbiter shall biter shall automatautomatically order ically order an electionan election by secret by secret ballot
ballot when the when the verifverified petition is ied petition is suppsupported by theorted by the written consent of at least 25% of al the employees in written consent of at least 25% of al the employees in the bargaining unit
the bargaining unit to ascertain the will of the employees into ascertain the will of the employees in the appropriate bargaining unit. [substantial support may be the appropriate bargaining unit. [substantial support may be subm
submittitted ed witwithin hin a a reareasonasonable ble periperiod od from filing from filing PCEPCE Port Port Work
Workers Union of ers Union of the Philipthe Philippinepines s v. v. DOLE, 207 DOLE, 207 SCRSCRA A 329329 (1992);
(1992); eveeven n if if sosome me of of the EEs the EEs wiwiththdredrew w thetheir ir wrwritittetenn consent, if the 25% requirement is still complied with, there is consent, if the 25% requirement is still complied with, there is stil
still l substsubstantantial ial suppsupportort TagTagaytaytay ay HighHighlandlands s v. v. TagaTagaytaytay y Highlands Union, 395 SCRA 699 (2003);
Highlands Union, 395 SCRA 699 (2003); If LO did not reachIf LO did not reach the 25% support requirement, BLR can exercise discretion to the 25% support requirement, BLR can exercise discretion to de
detetermrminine e WOWON N CE CE mumust st be be cocondnducuctetedd ScouScout t AlbaAlbanono Memorial College v. Noriel, ]
Memorial College v. Noriel, ] -VALID ELECTION:
-VALID ELECTION: at least a majority of at least a majority of all eligible votersall eligible voters in the unit must have cast their votes
in the unit must have cast their votes
-TO WIN AS THE Exclusive Bargaining Agent/Rep (EBA/EBR): -TO WIN AS THE Exclusive Bargaining Agent/Rep (EBA/EBR): majority of the valid votes cast
majority of the valid votes cast certifiedcertified
-Run-off election if no choice received the majority: top 2 Los -Run-off election if no choice received the majority: top 2 Los (should have received a total of 50% of the votes cast when (should have received a total of 50% of the votes cast when combined)
combined)
-In cases where the petition was filed by a national union or -In cases where the petition was filed by a national union or federation, it shall not be required to disclose the names of federation, it shall not be required to disclose the names of the local chapter’s officers and members
the local chapter’s officers and members -At the
-At the expexpiriratatioion n of of the freethe freedom peridom period od + + no no PCPCE E filfileded incumbent BA should still be recognized with majority status incumbent BA should still be recognized with majority status B. Unorganized Establishment
B. Unorganized Establishment A257
A257
-establishment where there is no certified bargaining agent -establishment where there is no certified bargaining agent -CE automatically conducted by Med-Arbiter upon filing of a -CE automatically conducted by Med-Arbiter upon filing of a PCE by any Legitimate LO including
PCE by any Legitimate LO including
…a national union or federation which has already issued a …a national union or federation which has already issued a charter certificate to the local/chapter participating in the CE charter certificate to the local/chapter participating in the CE …o
…or r a a lolocacal/l/chchapapteter r whwhicich h hahas s bebeen en isissusued ed a a chchararteterr certificate by the national union or federation
certificate by the national union or federation Organized vs. Unorganized
Organized vs. Unorganized A
A225566 AA225577 est
establablishishmementnt OrgOrganianized zed (ha(has exs exististinging BA)
BA)
Un
Unororgaganiznized ed (no(no existing BA)
existing BA) P
PCCEE VVeerriiffiieed d ppeettiittiioonn NNo o vveerriiffiiccaattiioonn needed
needed W
Whheen n tto o ffiillee CaCan n oonnlly y ffiille e PPCCEE within
within ththe e 6060-d-dayay freedom period
freedom period
QUESTION: what if QUESTION: what if 60-da
day y pepeririod od exexpipireredd tthheen n nno o PPCCE E ffiilleedd.. Whe
When n can the PCE can the PCE bebe fil
fileded? ? ForForeveever r na na ungung incumbent BA? incumbent BA? Anytime Anytime Substantial Substantial support support W
Wiitth h ssuubbssttaannttiiaall sup
suppoport rt of of 25% of 25% of alalll employees
employees in the ABUin the ABU N
No o susubbststananttiiaall support needed support needed
II. ER as the initiating party II. ER as the initiating party A258
A258
-ER requested to bargain collectively -ER requested to bargain collectively -ER may file PCE with BLR
-ER may file PCE with BLR -if NO EXISTING CBA, BLR
-if NO EXISTING CBA, BLR order a CE after hearing (NOTE: Notorder a CE after hearing (NOTE: Not automatically)
automatically)
-Certification cases decided within 20 working days -Certification cases decided within 20 working days
-BLR shall conduct a CE within 20 days in accordance with IRR -BLR shall conduct a CE within 20 days in accordance with IRR Role of ER: a bystander (A258-A)
Based on the outline of Professor D.P. Disini, Jr. Based on the outline of Professor D.P. Disini, Jr. -ER always not considere
-ER always not considered a party to d a party to the CE (cannot oppose athe CE (cannot oppose a PCE)
PCE)
-participation limited to: -participation limited to:
(1) being notified or informed of PCE (1) being notified or informed of PCE (2)
(2) submsubmittitting ing a a list of list of emplemployeeoyees s duriduring ng the the pre-pre-elecelectiotionn co
confenferenrence ce shoshould uld the the MeMed-Ad-Arbirbiteter r act act favfavoraorably bly on on ththee petition
petition
Process: CE Procedure Process: CE Procedure Nature:
Nature: Young Men Labor Union Stevedores v. CIR, 13Young Men Labor Union Stevedores v. CIR, 13 SCRA 285 (1965)
SCRA 285 (1965) -Investigatory in nature -Investigatory in nature
-Object: not the decision of any alleged commission of wrong -Object: not the decision of any alleged commission of wrong n
noor r aasssseerrtteed d ddeeprpriivavattiioon n oof f ririgghht t BBUT UT iis s mmeererelly y aa de
detetermrmininatatioion n of of prpropoper er babargrgaiainining ng ununitits s aand nd tthehe ascertainment of the will and choice of EEs in selection of BR. ascertainment of the will and choice of EEs in selection of BR. -doesn’t entail entry of remedial orders/redress of rights BUT -doesn’t entail entry of remedial orders/redress of rights BUT culmination solely in an official designation of bargaining units culmination solely in an official designation of bargaining units and an affirmation of EEs expressed choice of BA.
and an affirmation of EEs expressed choice of BA. Procedure: DO 40-03 Procedure: DO 40-03 W Whho o mmaayy file (sec1) file (sec1) 1.
1. aany ny lelegigititimamate te LOLO 2.
2. ERER, if req, if requesuesteted to bard to bargaigain coln collelectctiveivelyly (Regional Office order CE if no existing (Regional Office order CE if no existing certified CBA) certified CBA) W Whheerre e ttoo file (sec2) file (sec2) -i
-in n ththe e ReRegigiononal al OfOffifice ce whwhicich h isissusued ed ththee pet
petitioitioning ning LO’s LO’s certcertificificate ate of of regiregistrastrationtion/of /of chartered local
chartered local
-if many PCE + filed in different regional office, -if many PCE + filed in different regional office, consolidate in office where first PCE was filed consolidate in office where first PCE was filed When to file When to file (sec3) (sec3) GR: anytime GR: anytime
X (when cannot file): X (when cannot file):
1.
1.
when a when a fact of fact of voluvoluntarntary y recorecognitgnitionion hhaas s bbeeeen n eenntteerreed d oor r a a vvaalliidd cert
certificificatioation/con/consennsent/rut/run-ofn-off f elecelectiotionn con
conductducted ed – – 1 1 year bar year bar (app(appeal filedeal filed from
from ordorder er of of Med-Med-ArbiArbiter ter certcertifyiifyingng th
the e CE CE reresusultlts, s, rurunnnnining g of of 1 1 yeyearar per
period iod sussuspenpendeded d ununtitil l decdecisiision on onon appeal final and executory)
appeal final and executory) 2.
2. wwhehen n tthhe e ddululy y cceertrtiiffieied d uuninioon n hahass c
coommmmeenncceed d anand d ssuussttaaiinneedd ne
negogotitiatatioions ns in in GF GF wiwith th ththe e ER ER inin accordance with A250-1 year bar accordance with A250-1 year bar 3.
3. whwhen a baren a bargagaininining deag deadldlocock to whik to whichch an
an incincumbeumbent nt or or certcertifieified d bargbargainiainingng agent is a party had been submitted to agent is a party had been submitted to co
concncilillalatition on or or ararbibitrtratatioion n or or hahadd become the subject of a valid notice of become the subject of a valid notice of strike or lockout
strike or lockout 4
4.. wwhheen n a a CCBBA A bbeet t EER R aannd d dduullyy reco
recognizgnized ed or or certcertifieified d BA BA has beenhas been registered: can only file PCE within 60 registered: can only file PCE within 60 days prior to expiration of the CBA days prior to expiration of the CBA Candidates for CE
Candidates for CE *inc
*incumbeumbent nt BA BA autoautomatmaticalically ly one of one of the choicethe choices s in in the CEthe CE (Sec7, DO 40-03)
(Sec7, DO 40-03) *A
*A petipetitiotion n for cancellfor cancellatiation on of of uniounion n regiregistrastration shall tion shall notnot suspend the proceeding for CE nor shall it prevent the filing of suspend the proceeding for CE nor shall it prevent the filing of a PCE (A238-A)
a PCE (A238-A) Voter’s List Voter’s List
*Company payroll may be used as basis for determining who *Company payroll may be used as basis for determining who are qualified to vote
are qualified to vote Acoje Workers Union v. National Mines & Acoje Workers Union v. National Mines & Allied Workers Union, 7 SCRA 730 (1963)
Allied Workers Union, 7 SCRA 730 (1963)
*Only the EEs themselves, being the real parties in interest, *Only the EEs themselves, being the real parties in interest, may question their removal from the voters list
may question their removal from the voters list Notre Dame v.Notre Dame v. Laguesma, 433 SCRA 225 (2004)
Laguesma, 433 SCRA 225 (2004)
*All the employees in the ABU should be entitled to vote *All the employees in the ABU should be entitled to vote
*failure to participate in t
*failure to participate in the previous CEs is not a bar to thehe previous CEs is not a bar to the right to participate in future elections
right to participate in future elections Reyes v. Trajano, 209Reyes v. Trajano, 209 SCRA 484 (1992
SCRA 484 (1992 Others
Others
*posting of notice of CE required, but may be waived
*posting of notice of CE required, but may be waived Jiescor Jiescor Independent Union v. Torres, 221 SCRA 699 (1993)
Independent Union v. Torres, 221 SCRA 699 (1993) *
*election should be conducted on a regular working day withinelection should be conducted on a regular working day within the ER’s premises (regardless if
the ER’s premises (regardless if there’s a strike)there’s a strike) Asian Design Asian Design and Manufacturing v. Calleja, 174 SCRA 477 (1989)
and Manufacturing v. Calleja, 174 SCRA 477 (1989) *Req
*Requireuirementments s in in ordeorder r that a that a protprotest filed est filed woulwould d proprospersper ((PhilPhilippiippine ne FruiFruit t and and VegeVegetabltables es InduIndustristries es v. v. TorrTorres, es, 211211 SCRA 95 (1992):
SCRA 95 (1992):
1. protest filed with the representation officer and made of 1. protest filed with the representation officer and made of record in the minutes of the proceedings before the close of record in the minutes of the proceedings before the close of election proceedings,
election proceedings,
2. the protest must be formalized before the Med-Arbiter 2. the protest must be formalized before the Med-Arbiter within 5 days after the close of the election proceedings. within 5 days after the close of the election proceedings. *the LO receiving the majority of the valid votes cast shall be *the LO receiving the majority of the valid votes cast shall be certified as the EBA of all workers in the unit for purpose of certified as the EBA of all workers in the unit for purpose of CB. BUT an individual EE or group of EE still have the right to CB. BUT an individual EE or group of EE still have the right to present grievances to ER. (A255)
present grievances to ER. (A255) Bars to CE
Bars to CE [1]
[1] ConContratract ct Bar Bar RulRule e (A2(A232)32) – – CBA valid and CBA valid and contcontractract complete (incorporates all that is needed)
complete (incorporates all that is needed)
If contract is incomplete, it can be completed to invoke the If contract is incomplete, it can be completed to invoke the
contract-bar rule contract-bar rule
If CBA expired, still continuing in force and effect UNTIL new If CBA expired, still continuing in force and effect UNTIL new
CBA shall have been validly executed CBA shall have been validly executed If CBA registered, bar
If CBA registered, bar [2] 1 yr bar rule
[2] 1 yr bar rule – – from the from the timtime e eleelectioctions ns resuresults werelts were certified
certified a.
a. vovoluluntntarary ry rececogogninititionon b.
b. cecertrtifificicatatioion elen electctioionsns c.
c. coconsnsenent t elelecectitionon d.
d. rurun-n-ofoff ef elelectctioionsns [3] deadlock bar rule
[3] deadlock bar rule – 2 req’ts: *there was effort to bargain– 2 req’ts: *there was effort to bargain but it
but it failfailed, ed, andand, , *tha*that t such deadlsuch deadlock had ock had alrealready beenady been submitted for conciliation or arbitration
submitted for conciliation or arbitration
Suspension Rule: refers to prejudicial question/ Suspension Rule: refers to prejudicial question/
-the conduct of CE may be suspended upon a petition of a LO -the conduct of CE may be suspended upon a petition of a LO which filed a ULP against ER based on A248(d) – company which filed a ULP against ER based on A248(d) – company union
union
-basis: to level the playing field, remove undue advantage of -basis: to level the playing field, remove undue advantage of the company union in the CE
the company union in the CE
-status of the alleged company union must first be cleared -status of the alleged company union must first be cleared before CE could take place or else may lead to selectin of an before CE could take place or else may lead to selectin of an ER-dominated union as EE’s EBA
ER-dominated union as EE’s EBA United CMC Textile United CMC Textile WorkersWorkers Union v. BLR, 128 SCRA 316 (1984)
Union v. BLR, 128 SCRA 316 (1984) -THE ONLY PARTY WHO COULD ASK
-THE ONLY PARTY WHO COULD ASK FOR SUSPENSION OF THEFOR SUSPENSION OF THE CE IS THE LO WHICH FILED A COMPLAINT FOR ULP AGAINST CE IS THE LO WHICH FILED A COMPLAINT FOR ULP AGAINST THE ER!
THE ER!
Part Seven: CB: Processes, Procedures, and Issues Part Seven: CB: Processes, Procedures, and Issues General Concepts
General Concepts
-CB is designed to stabilize the relation between labor and -CB is designed to stabilize the relation between labor and mana
managemegement and nt and to create a to create a climclimate of ate of sounsound d and stableand stable industrial peace. It is a
industrial peace. It is a mutual responsibilitymutual responsibility of the ER andof the ER and Union and is characterized as a legal obligation
Union and is characterized as a legal obligation Kiok Loy v.Kiok Loy v. NLRC, 142 SCRA 179 (1986)
NLRC, 142 SCRA 179 (1986)
-company’s refusal to make counter-proposals to the union’s -company’s refusal to make counter-proposals to the union’s proposal is an indication of its BF. Where the ER did not even proposal is an indication of its BF. Where the ER did not even bother to answer to the bargaining proposal, there is a clear bother to answer to the bargaining proposal, there is a clear evasion of duty to bargain
evasion of duty to bargain Kiok Loy v. NLRC (1986, supra)Kiok Loy v. NLRC (1986, supra) -the right to free CB includes the right to suspend it
-the right to free CB includes the right to suspend it Rivera v.Rivera v. Espiritu, 374 SCRA 352 (2001)
Espiritu, 374 SCRA 352 (2001) Bargaining Procedure Bargaining Procedure
1.
