INTRODUCTORY MATERIALS Section 1. Introduction
1.1 Statutory Source and Interpretation
Statutory provisions of the Labor Code are construed liberally in favor or EE’s, unless otherwise intended by or patent from the language of the statute itself. (Caltex Filipino Managers and Supervisors Assistant vs. CIR)
1.2 Definitions
ER and EE
Art. 212 :
An “ER” – Any person acting in the interest of the ER, directly or indirectly. The term shall not include any labor organization or any of its officers except when acting as an ER.
“EE” – Any person in the employ of an ER. The term shall not be limited to the EE’s of a particular ER, unless this Code explicitly states. It shall include any individual whose work has ceased as a result or in connection with any current labor dispute or because of fair labor practice if he has not obtained any other substantially equivalent or regular employment.
Labor Organization and Legitimate Labor Organization
1. Art. 212 :
“Labor Organization” – Any union for association of EE’s which exists for the purpose of collective bargaining or of dealing with E’s concerning terms and conditions of employment.
“Legitimate Labor Organization” – Any labor organization duly registered with the DOLE that includes any branch or local.
2. A local chapter becomes a legitimate labor organization only upon submission of:
A. Charter certificate within 30 days from its issuance by the laborfederation or national union.
B. Constitution and by-laws, statement on set of officers, and books of accounts which are certified under oath by secretary or treasurer, and attended to by its president. (Phoenix Iron vs.
Labor Dispute
1. Art. 212 : Any controversy or matter concerning terms and conditions of employment or the association or representation of persons in negotiating, fixing, maintaining, changing or arranging terms and conditions of employment, regardless of whether the disputants stand in the proximate relation of ER and EE.
2. What is the test to determine whether a labor controversy comes within the definition of labor dispute?
It depends on whether it involves or concerns terms, conditions of employment or representation. (Azucena)
1.3 Labor Relations Policy
1. What is the policy of the state with respect to the trade unionism, collective bargaining and labor relations?
It is the policy of the State to :
A. Promote and emphasize the primacy of free Collective bargaining and negotiations, including voluntary arbitration, mediation and conciliation, as modes of settling labor and industrial disputes.
B. Promote free trade unionism as an instrument for the enhancement of democracy and the promotion of social justice and development.
C. Promote the Enlightenment of workers concerning their rights and obligations as union members and as EE’s.
D. To provide an adequate administrative Machinery for the expeditious settlement of labor or industrial peace.
E. To ensure a stable but dynamic and just Industrial peace.
F. To ensure the participation of Workers in Decision and policy-making processes affecting their rights, duties and welfare.
G. To encourage free trade Unionism and free collective bargaining.
(Art. 263)
Collective bargaining – Negotiations towards a collective agreement designed to stabilize the relation between labor and management and to create a climate of sound and stable industrial peace. (Kiok Loy vs.
NLRC)
The Secretary of Labor shall have the power and duty to inquire into aspects of ER-EE relations concerning the promotion of harmony and understanding between the parties. (Art. 273)
A line must be drawn between policies which are purely business-oriented and those which affect the rights of EE’s.
Workers and ER’s shall, as far as practicable, be represented in decision and policy-making bodies of the government. The Secretary of
Labor and Employment or his duly authorized representatives may call a tripartite conference of representatives of government, workers and EE’s for the consideration and adoption of voluntary codes of principles designed to promote industrial peace or to align labor movement relations with established priorities in economic and social development. (Art. 275) (ME vs. CUPID)
Section 2. Right to Self-Organization 2.1 Constitutional Basis of Right
1. Art. III, Sec. 8, Const. : The right of the people, including those employed in the public or private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.
2. Art. XIII, Sec. 3, Const. : The State shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities including the right to strike in accordance with law.
2.2 Coverage
I. Art. 243 : Coverage and EE’s right to self-organization –
1. All persons employed in commercial, industrial and agricultural enterprises and in religious, charitable, medical, or educational institutions --- whether operating for profit or not, shall have the right to self-organization and to form, join or assist labor organizations of their own choosing for purposes of collective bargaining.
2. Ambulant, intermittent and itinerant workers, self-employed people, rural workers and those without definite ER’s may form labor organizations for their mutual aid and protection.
II. Art. 244 : Rights of EE’s in the public service –
1. EE’s of government corporations established under the Corporation Code shall have the right to organize and bargain collectively with their respective ER’s.
2. All other EE’s in the civil service shall have the right to form associations for the purposes not contrary to law.
III. Art. 245 :
1. Managerial EE’s are not eligible to join, assist, or form any labor
organization.
2. Supervisory EE’s shall not be eligible for membership in a labor
organization of the rank-and-file EE’s but may join, assist or form separate labor organizations of their own.
2.3 Extent and Scope of Right
I. Art. 246 : Non-abridgement of right to self-organization – It shall be unlawful for any person to :
1. Restrain 2. Coerce
4. Unduly interfere with EE’s and the workers in their exercise of the right to self-organization
II. The right to self-organization includes the right not to form or join a union
(Reyes vs. Trejano) However, by virtue of the operation or enforcement of a
closed shop clause in a CBA, an ER may be compelled on pain of dismissal, to become a member of a labor union. (Alcantara)
III. May an ER impose as condition for employment that the applicant shall not join a labor organization or shall withdraw from the one he belongs to? No. Such a condition partakes of the nature of a “yellow dog contract” and constitutes an unfair labor practice. It is interference with the individual’s right to self-organization. (Alcantara)
2.4 Workers with Right to Self-Organization for Purposes of Collective Bargaining
All EE’s
1. Art. 243 : All persons employed in commercial, industrial and agricultural enterprises and in religious, charitable, medical, or educational institutions whether operating for profit or not, shall have the right to self-organization and to form, join or assist labor organizations of their own choosing for purposes of collective bargaining.
2. The Macho hair Saloon refused to bargain with the union of the barbershop composed of 8 barbers on the ground that the shop was a service establishment and the number of the barbers was less than 10. Is the contention tenable?
No. The law does not fix the minimum number of EE’s for the exercise of the right to self-organization and the right extends to all types of establishments. (Alcantara)
3. The faculty members of a non-profit school converted their club into a labor union. Is this allowed?
Yes. Even EE’s in non-profit or religious organizations are entitled to exercise this right. (Alcantara)
A. RELIGION
The right of the members of the Iglesia ni Kristo sect not to join a labor union for being contrary to their religious beliefs does not bar the members of that sect from forming their own union. (Kapatiran vs. Calleja)
Government Corporation EE’s
Art. 244 : Rights of EE’s in the public service –
EE’s of government corporations under the Corporation Code shall have the right to organize and bargain collectively with their respective ER’s.
Supervisors
1. Art. 245 : Supervisory EE’s shall not be eligible for membership in a labor organization of the rank-and-file EE’s but may join, assist or form separate labor organizations of their own.
[“Supervisory EE’s] – Those, who, in the interest of the ER, effectively recommend such managerial actions if in the exercise of such authority is not merely routinary or clerical in nature but requires the use of independent judgment. (Art. 212) The criterion which determines whether a particular EE is within the definition of a statute is the character of the work performed rather than the title or nomenclature of position held. (NSRC vs. NLRC)
3. If the recommendation of the teacher area supervisor is subject to evaluation, review and final approval of the principal, is the teacher a supervisory EE?
No. This is merely ineffective or clerical recommendation. (Laguna Colleges
vs. CIR)
4. Supervisors were given the job of “either to assist the foreman if the effective dispatch of manpower and equipment” or “execute and coordinate work plans emanating from his supervisors.” Are these “supervisors” supervisory personnel?
No. They only execute approved and established policies leaving little or no discretion at all whether to implement the said policies or not. (Southern
Philippines Federation vs. Calleja)
A. RIGHT TO ORGANIZE and LIMITATION
1. A supervisory union cannot represent the professional/technical and confidential EE’s whose positions are more of the rank and file than supervisory. The professional/technical EE’s may join the existing rank and file union, or form a union separate and distinct from the existing union organized by the rank and file EE’s. The intent of the law is to avoid a situation where supervisors would merge with the rank and file, or where the supervisor’s labor organization would represent conflicting interests. (Philippine Phosphate vs. Torres)
2. The union of supervisory personnel affiliated with a national federation. The local union of rank and file was also affiliated with the said national federation. Is this allowed?
No. A local supervisors’ union should not be allowed to affiliate with a national federation of union of rank and file EE’s. Supervisors should be given an occasion to bargain together with the rank and file against the interests of the ER regarding terms and conditions of employment. (Atlas
Litographic vs. Laguesma)
Aliens
Art. 269 : Aliens working in the country with valid permits issued by the DOLE, may exercise the right of self-organization and join or assist labor
organizations of their own choosing for purposes of collective bargaining, provided, that said aliens are nationals of a country which grants the same or similar rights to Filipino workers.
Security Guards
Security guards may join rank and file or supervisors union depending on their rank. (MERALCO vs. Secretary of Labor and Employment)
2.5 Workers with no Right of Self-organization
Managerial and Confidential EE’s
1. Art. 245 : Managerial EE’s are not eligible to join, assist, or from any labor organization.
[“Managerial EE’s” – Those whose primary duty consists of the management of the establishment of which they are employed or of a department or subdivision thereof, and to other officers and members of the managerial staff. (Art. 82)]
2. The nature of the job determines whether the EE’s fall under the definition of “managerial”. A managerial EE is one “who is vested with powers of prerogatives to lay down and execute management policies and/or hire, transfer, suspend, lay-off, recall discharge, assign or discipline EE’s or to effectively recommend such managerial actions.
(SPFL vs. Calleja) The rationale for this is that the union is not assured the loyalty of managerial EE’s in view of evident conflict of interests or that the union can become company-dominated with the presence of managerial EE’s in the membership. (Golden Farms vs. Calleja)
3. Confidential EE’s are also prohibited from forming unions. (Pier8 Arrastre
vs. Confesor) Having access to confidential information, they may become a source of undue advantage. They may act as spies of either party to a CBA. These include accounting personnel, radio and telephone operators and confidential secretaries. (Golden Farms vs.
Calleja)
4. The major patron’s duties include taking complete charge and command of the ship and performing the responsibilities of the ship captain; the minor patron also commands the vessel, plying the limits of island waterway, ports and estuaries. Are they eligible to join or form a union?
No. The exercise of discretion and judgment in directing a ship’s course is managerial in nature. (Association of Marine Officers vs. Laguesma)
Worker/Member of Cooperative
The right to forming or joining a labor organization for purposes of collective bargaining is not available to an EE of a cooperative who at the same time is a member and co-owner thereof. It is the fact of ownership of the cooperative and not the involvement in the management thereof, which disqualifies a member from joining any labor organization within the
cooperative with respect however, to EE’s who are neither members or co-owners, they are entitled to the rights of self-organization for purposes of collective bargaining (Benguet Electric vs. Ferrer-Calleja). However, a member/owner has the right to withdraw as owner of the cooperative for purposes of joining the union (Central Negros Electric vs. Of DOLE).
Non-EE’s
Art. 243 : Ambulant, intermittent and itinerant workers, self-employed people, rural workers and those without definite ER’s may form labor organizations for their mutual aid and protection. However, they are not entitled to the constitutional right to join or form a labor organization for purposes of collective bargaining. (Singer vs. Drilon)
2.6 Part Protected
It is well-settled doctrine that the benefits of a CBA extend to the laborer’s and EE’s in the collective bargaining unit, including those who do not belong to the chosen bargaining labor organization. (MWU vs. Aboitiz)
2.7 Sanctions for Violation of Right
1. Art. 248 : It shall be unlawful for an ER to interfere with, restrain or coerce EE’s in the exercise of their right to self-organization.
2. Art. 249 : It shall be unfair labor practice for a labor organization, its officers, agents and representatives to restrain or coerce EE’s in the exercise of their rights to self-organization.
3. Art. 288 : Penalty –
Fine of not less than P1,000.00 nor more than P10,000.00
Imprisonment of not less than 3 months nor more than 3 years , or
Both , at the discretion of the court.
In addition to such penalty, any alien found guilty shall be summarily deported upon completion of service.
Any provision of the law to the contrary notwithstanding any criminal offense punished under this Code shall be under the concurrent jurisdiction of the Municipal or City Courts and the RTC.
4. Art. 289 : If the offense is committed by a corporation, trust, firm, partnership, association or any other entity, the penalty shall be imposed upon the guilty officer or officers of such corporation, trust, firm, partnership, association or entity.
Section 3. Labor Organization 3.1 Policy
Sec. 211 : It is a policy of the State to :
1. Promote free trade unionism as an instrument for the enhancement of democracy and the promotion of social justice and development.
2. Foster the free and voluntary organization of a strong and united labor movement.
3.2 Labor Organization - Unions
Definitions
A. LABOR ORGANIZATION
Art. 212 : Any union or association of EE’s which exist for the purpose of collective bargaining or of dealing with ER’s concerning terms and conditions of employment.
B. LOCAL UNION
Sec. 1, Rule I, Book V, IRR’s : Any labor organization operating at the enterprise level.
C. NATIONAL UNION FEDERATION
Sec. 1, Rule I, IRR’s : Any labor organization with at least 10 locals or chapters each of which must be duly recognized bargaining agent.
D. LEGITIMATE LABOR ORGANIZATION
Art. 212 : Any labor organization duly registered with the DOLE, and includes any branch or local thereof.
D.1 Dole Registration Basis
A labor organization acquires legitimacy only upon registration with the DOLE. (Progressive Development vs. Secretary of Labor and Employment) A SEC registration cannot suffice. (Cebu Seamen’s Association vs. Ferrer-Calleja)
E. COMPANY UNION
Art. 212 : Any labor organization whose information, function or administration has been assisted by any act defined as ULP by this Code. 3.3 Union Rationale
When is a labor organization wholesome? A labor organization is wholesome if it serves its legitimate purpose of promoting the interests of labor without unnecessary labor disputes. That is why it is given personality and recognition in concluding CBA’s. but if it is made use as a subterfuge, or as a means to subvert valid commitments, it defeats its own purpose, for it tends to undermine the harmonious relations between management and labor. (United Seamen’s Union vs. Davao Shipowners Association)
3.4 Labor Union and Government Regulation
Union Registration and Procedure Requirements
What are the requirements for registration of a labor organization? Art. 234 :
Any applicant labor organization shall acquire legal personality and shall be entitled to rights and privileges of legitimate labor organizations upon
issuance of a certificate of registration upon submission of the following requirements:
A. Registration Fee
B. Names of its officers, addresses, principal address of the organization, minutes of meetings and list of workers who participated in meetings.
C. Names of all its members comprising at least 20% of all its EE”s in the bargaining unit.
D. Copies of annual financial reports if union has been in existence for more than 1 year.
E. Copies of constitution and by-laws.
Sec. 3, Rule II, Book V, IRR’s : Sworn statement by applicant union that there is no certified bargaining agent in bargaining unit concerned. When there is an existing CBA duly submitted to the DOLE, a sworn statement that the application for registration was filed during the last 60 days of the agreement.
The application and all accompanying documents shall be verified under oath by the secretary or the treasurer as the case may be, and attested to by the president. (Id.)
II. What are the additional requirements for federations or national unions?
A. Proof of affiliation of at least 10 local chapters.
Each of which must be a duly recognized collective bargaining agent in the establishment or industry in which it operates.
B. Names and addresses of the companies where the locals or the chapters operate and list of all the members in each company involved.
III. What is the period for action on application? 30 days from filing
(Art. 235)
A. REQUIREMENT AND RATIONALE
Registration is a condition sine qua non for the acquisition of legal personality by a labor organization. (Protection Technology vs. Secretary of Labor
and Employment) However, it is not a limitation on the right of assembly or
association which may be exercised with or without said registration. (PAFLU
vs. Sec. of Labor) The statutory and regulatory provisions of defining the requirements of legitimate labor organizations are an exercise of the overriding police power of the State designed for the protection of workers against potential abuses by unions that recruit them. (Protection Technology vs.
Sec. of Labor) or fly-by-night unions whose sole purpose is to control union for dubious ends. (Phoenix Iron vs. Sec. of Labor and Employment)
Action or Denial of Application, and Remedy
1. Sec. 6, Rule II, Book V, IRR’s : Any applicant union may appeal to the Bureau the denial of registration by the Regional Office, or to the secretary if the denial is by the Bureau, within 10 calendar days from receipt of such decision on grounds of :
A. grave abuse of discretion ; and B. gross incompetence
The appeal shall be filed in the Regional Office/Bureau which shall cause the transmittal of records to the Bureau/Secretary within 5 calendar days from receipt of the appeal.
The Bureau/Secretary shall decide the appeal within 20 calendar days from receipt of the records of the case.
2. Can the Regional Office/Bureau exercise discretion in the registration of the applicant union?
No. As long as the applicant union complies with all the legal requirements for registration, it becomes the Office’s/Bureau’s ministerial duty to do register the union. (Vassar vs. Estrella)
Effects on Freedom of Association
While disaffiliation from a labor union is not open to legal objection, since it is implicit in the freedom of association ordained in the Constitution, a closed shop agreement is a valid form of union security and is not a restriction of the right of freedom of association guaranteed by the Constitution.
Rights of Legitimate Labor Organization [REFOSAF] I. What are the rights of legitimate labor organization? A. Act as Representative of its members in collective bargaining
B. To be certified as the Exclusive representative of all the EE’s in an appropriate collective bargaining unit for purposes of collective bargaining. C. To be furnished by the ER, upon written request, with its annual audited financial statements, including the balance sheet and the profit and loss statement, within 30 calendar days from the date of receipt of request
After the union has been duly recognized by the ER or certified as the sole and exclusive bargaining representative of the EE’s in the bargaining unit, or
Within 60 calendar days before the expiration of the existing CBA, or During the collective bargaining negotiation.
D. To own property for the use and benefits of the labor organization and its members.
E. To sue and be sued in its registered name.
F. To undertake all other Activities designed to benefit the organization and its members.
G. Its income and properties which are directly and exclusively used for their lawful purposes, shall be free from taxes, duties and other assessments. The exemptions provided herein may be withdrawn only be a special law expressly repealing this provision. (REFOSAF)
II. Can the union effect a compromise of the money claims of workers?
Money claims due to laborers cannot be the object of settlement or compromise effected by a union or counsel without the specific individual consent of each laborer concerned. (Kaisahan ng mga Manggagawa sa La Campana
vs. Sarmiento)
III. May a union waive a right of union members to reinstatement provided for in an NLRC decision?
No, the waiver of reinstatement, must be regarded as a personal right which must be exercised personally by workers themselves. (Jag vs. NLRC)
A. EFFECT OF NON-REGISTRATION
Union, must comply with all the requirements of registration as a legitimate labor organization. (Protection Technology vs. Sec. of Labor & Employment). However, if the union has filed application for registration and has submitted all the legal requirements, the fact that it does not yet have the certificate of registration will not annul the designation of the labor union as sole bargaining agent by the virtue of a certification election since the defect is not fatal. (UE Automotive EE’s vs. Noriel)
Cancellation of the Union Certificate Registration
I. What are the grounds for its cancellation of union registration by the Bureau?
1. Misrepresentation, false statement or fraud by the union with respect to the required documents submitted to the Bureau.
2. Failure to submit the documents within 30 days from adoption or ratification of the constitution and by-laws or amendments thereto. 3. Misrepresentation, false statements or fraud in connection with the
election of officers, minutes of the elections and list of voters of failure to submit these documents within 30 days from election [or from the occurrence of any change in the list of officers of the labor organization
(Art. 241)].
4. Failure to submit annual financial report within 30 days after closing of fiscal year and misrepresentation of fraud in the preparation of the financial report.
5. Acting as labor contractor of “cabo” system.
6. Entering into CBA’s which provide terms and conditions of employment below minimum standards.
7. Asking for or accepting attorney’s fees or negotiation fees from ER’s. 8. Other than for mandatory activities under this Code, Checking of
special assessment or other fees without duly signed individual written authorization of members.
9. Failure to submit list of individual members once a year or when required (MACED MALL)
II. If a union declares an illegal strike, is this a good ground for cancellation of union registration?
No. While Art .239 provides the phrase “acting as a labor contractor… or otherwise engaging in any activity prohibited by law,” this phrase refers to an activity partaking the nature of a labor contractor. Thus, an illegal strike is not one of the grounds for cancellation of registration. (Itogon-Sayoc vs
Sangilo-Itogin Worker’s Union)
3.5 International Activities of Union Prohibition and Regulation I. What activities by aliens are prohibited?
All aliens, whether natural or juridical are strictly prohibited from engaging directly or indirectly in all forms of trade, union activities without prejudice to normal contacts between Philippine labor unions and recognized international labor centers. The prohibition does not apply to the formation of labor organizations by aliens working in the country with valid working permits. (Art. 269)
“Trade Union Activities” – shall mean :
1. organization formation and administration of labor organizations; 2. negotiation and administration of CBA’s;
3. all forms of concerted union action;
4. organizing, managing or assisting union action;
5. any form of participation or involvement in representation proceedings, representation elections, union elections; and
6. other analogous activities. (Art. 270)]
II. What activities by aliens are regulated?
No foreign individual, organization or entity may give any form of assistance, in cash or in kind directly or indirectly, to any labor organization, group of workers or any auxiliary thereof, such as cooperatives, credit unions and institutions engaged in research, education or communication, in relation to trade union activities, without prior permission by the Sec. of Labor
This prohibition also applies to foreign donations or other forms of assistance, in cash or in kind, given directly or indirectly to any ER or ER’s organization to support any activity or activities affecting trade unions.
III. The strike declared by Union M has reached its 60th day. Taking pity on the hungry and sick strikers, B and G, French missionaries, distributed food and drinks to the strikers. Has any one committed any illegal act?
Yes. B and G, distributing food and drinks to the strikers violated the prohibition against aliens from engaging directly or indirectly in all forms of trade union activities. The term “trade union activities” includes all forms of concerted union actions and analogous activities. (Alcantara)
3.6 Union-Member Relations
Nature of Relationship
The union may be considered but the agent of its members for the purpose of securing for them fair and just wages and good working conditions and is
subject to the obligation of giving the members as its principals all information relevant to union and labor matters entrusted to it. (Heirs of Cruz
vs. CIR)
Rights of Union Members
Summarize the basic rights of union members :
1. Political right – Member’s right to vote and be voted for, subject to lawful provisions on qualifications and disqualifications.
2. Deliberative and decision-making right – Member’s right to participate in deliberations on major policy questions and decide them by secret ballot.
3. Right over money matter – Member’s right against excessive fees, right against unauthorized collection of contributions or unauthorized disbursements; the right to require adequate records of income and expenses and the right of access to financial records; the right to vote on proposed special assessments and be deducted a special assessment only with the member’s written authorization.
4. Right to information – Member’s right to be informed about the organization’s constitution and by-laws and the CBA and about labor laws.
Issues
A. ADMISION AND DISCIPLINE OF MEMBERS
1. Art. 249 : A labor organization shall have the right to prescribe its own rules and with respect to the acquisition or retention of membership. 2. Art. 277 : Any EE, whether employed for a definite period or not, shall,
beginning on his 1st day of service, be considered an EE for purposes of membership in any labor union.
A. 1. Admission
1. Labor unions are not entitled to arbitrarily exclude qualified applicants for membership, and a closed-up provision would not justify the ER in discharging, or a union in insisting upon the discharge of it, an EE whom the union refuses to admit to membership, without any reasonable ground therefor. Thus, while generally the State may not compel the union to admit the individual as a member, this scenario is not an exception to that general rule. (Salunga vs. CIR)
2. The union’s constitution and by-laws provides that no individual who previously belonged to another union may be admitted as member thereof. Is this provision valid?
No. While a union is in general free to select its own members, it cannot impose arbitrary and discriminatory conditions for admission to membership. It is very clear that the provision discriminates against an individual for having exercised his right to self-organization. (Alcantara) 3. The union constitution and by-laws provides that only EE’s with 2 years
service in the company are eligible for membership therein. Is the provision valid?
No. The provision is an unreasonable restriction on the workers’ exercise of his right to self-organization. It would have those who have less than 2 years of service without representation in bargaining with the ER.
(Alcantara)
A. 2 Due Process Rules
1. An officer or a member of a labor union is entitled to due process before he can be expelled. The member of the labor union may be expelled only for a valid cause and by following the procedure outlined in the constitution and by-laws of the union. (Kapisanan ng mga
Mangagawa vs. Bugay)
2. The union constitution and by-laws provides that a member may be expelled from the union upon a vote of 2/3 of all the members. Is the rule valid?
No. The expulsion of a union member cannot be made to depend upon the whims and caprices of cp-members. It must be founded on some just and serious grounds. (Alcantara)
3. 5 regular EE’s were dismissed allegedly pursuant to a union security clause. They had previously been expelled from the union for attempting to oust the union leadership, but they were not given an opportunity to explain their side. The company also did not conduct an investigation into the matter. Is the dismissal of the EE’s lawful?
No. The union should have given them an opportunity to explain their side before expelling them. And the company should have complied with procedural due process before dismissing them. (Ferrer vs. NLRC)
B. ELECTION OFFICERS – QUALIFICATION, TENURE AND COMPENSATION
Give the rules of the Labor Code governing union officers :
1. The members shall directly elect their officers, including those of the national union or federation, to which they or their union is affiliated, by secret ballot at intervals of 5 years.
No qualification requirements for candidacy to any position shall be imposed other than membership in good standing.
No person who has been convicted of a crime involving moral turpitude shall be eligible for election or appointment as a union officer. [“Moral
turpitude” – Act of baseness, vileness or depravity in the private of
social duties which a men owes to his fellowmen, or to society in general. (Tak vs. Republic)
The officers of any labor organization shall not be paid by compensation other than the salaries and expenses due their positions as specifically provided in the constitution and by-laws, or in a written resolution duly authorized by the majority of all the members at a general membership meeting duly called fort he purpose.
o Any irregularity in the approval of the resolution shall be a ground for impeachment or expulsion from the organization. (Art. 241)
B.1 Voters List
Submission of the EE’s names with the BLR as qualified members of the union not a condition sine qua non to enable said members to vote in the election of union officers. Question of eligibility to vote may be determined through the use of applicable payroll period and EE’s status. (Tancinco vs.
Ferrer-Calleja)
B.2 Disqualification of Candidates
Disqualification of winning candidates will not automatically result in the assumption of office of those who garnered the second highest number of votes. (Manalad vs. Trajano)
B.3 Expulsion Remedy
Remedy against erring union officers is not referendum but union expulsion. However, re-election of union officers and non-election of complaining union members is convincing show of faith on union officer’s leadership. (KMP vs.
Trajano)
B.4 Election Invalid
1. Free and honest elections are indispensable to the enjoyment of EE’s and workers of their right to self-organization. This right will be diluted if the election is not fairly and honestly conducted. Thus, elections for union officers attended by grave irregularities are invalid. (Rodriguez vs.
BLR)
2. Will failure to comply with the technical requirements or formalities in relation to the election of union officers invalidate the election? No, as long as it does not appear that such failure resulted in the deprivation of any substantial right or prerogative of anyone or caused the perpetration of fraud or other serious anomaly, or preclude the expression and ascertainment of the popular will in the choice of officers. (Timbungco vs. Castro)
B.5 Qualification of Union Officers
Atty. R won a big case for the union at the University of the West. He became very popular with the union members that they elected him as union president. Is this allowed?
No. Atty. R is not an EE of the University. He is disqualified from becoming an officer of any union therein. (Alcantara)
C. MAJOR POLICY MATTER
1. Art. 241 : 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 in behalf of the general membership.
2. Z, a member of a union was surprised to know that the union had disaffiliated with the national federation. Has Z any ground to complain?
Yes. As union member, he has the right to participate, by secret ballot, to determine any question of major policy affecting the entire membership. Disaffiliation is a major policy issue. (Alcantara)
D. UNION FUNDS
Give the rules of the Labor Code governing union funds :
1. The members shall be entitled to full and detailed reports from their officers and representatives of all financial transactions.
2. No officer, agent or member of a labor organization shall collect any fees, dues or other contributions in its behalf or make any disbursement of funds unless he is duly authorized by the constitution and by-laws.
3. Every payment of fees, dues or other contributions by a member shall be evidences by a receipt signed by the officer or member making the collection and entered into the record of the organization.
4. The funds of the organization shall not be applied for any purpose or object other than those expressly provided by its constitution and by-laws or those expressly authorized by written resolution adopted by a majority of the members at a general meeting duly called for the purpose.
5. Every income or revenue of the organization shall be evidenced by a record showing its source or by a receipt from the person to whom payment is made.
6. Any action involving the funds of legitimate labor organization shall prescribe after 3 years from date of submission of the annual financial report to the DOLE or from date the same should have been submitted, whichever comes earlier.
7. The treasurer shall render a true and correct account of all moneys received and paid by him since he assumed office or since the last day on which he rendered such account. The account shall be duly audited and verified by affidavit and a copy shall be rendered by the DOLE. The rendering of the account shall be made :
a. At least once a year and within 30 days after the close of its fiscal year.
b. At such other times as may be required by a resolution of the majority of the members of the organization.
c. Upon vacating his office.
8. The books of accounts and other financial records shall be open to inspection by any officer or member thereof during office hours.
9. 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 membership meeting duly called for the purpose.
a. The secretary shall record the minutes of the meeting which shall be attested by the president.
10. Other than for mandatory activities under this Code, no special assessments, attorneys fees, negotiation fees or any other extraordinary fees may be checked off from the amount due to an EE without an individual written authorization duly signed by the EE.
11. The Sec. of Labor or his duly authorized representative is hereby empowered to inquire into the financial activities of the legitimate labor organization upon filing of a complaint under oath and duly supported by a written consent of at least 20% of the total membership to determine compliance with the law.
a. Such inquiry shall not be conducted during the 60-day freedom period within the 30 days immediately preceding the date of election of the union officials.
D.1 Source-Payment-Attorneys Fees
1. Payment of attorney’s fees is an obligation of the union and not of the EE’s. Money of EE’s are not to be used to pay attorneys fees of a lawyer. (Pacific Bank vs. Clave)
2. Atty. S was hired by a union to assist its president in negotiating a CBA. After the execution of the CBA, Atty. S sought to collect his attorney’s fees out of the benefits due to the EE’s by virtue of the agreement. Is this proper?
No. Atty. S’s claims for attorneys fees should be satisfied out of the funds of the union. (ALU vs. NLRC)
D.2 Source-Payment-Special Assessment
1. Written resolution of a majority of all members of the union at a general membership meeting, required for validity of levy of a special assessment. (Palacol vs. Ferrer-Calleja)
2. The law does not require that disauthorization must be in individual form. (Id.)
3. The Board of Directors of a union passed a resolution assisting every union member of P2.00 to be used in the purchase of a birthday gift for the courageous lawyer of the union. The union members refused to pay assessment. Is the refusal justified?
Yes. The assessment was not authorized by a written resolution of a majority of all the members at a general membership meeting for the purpose.
4. At a general membership meeting, a majority of the members of the union voted for a written resolution assessing each member P5.00. A member who did not vote affirmatively and did not execute an individual written authorization refused to pay the same. Is his refusal justified?
No. He is bound by the resolution. However, the absence of a written check-off authorization means that the assessment cannot be deducted by the ER from his wages or other amounts due him, but he is still obliged to pay the same. (Alcantara)
E. MANDATORY ACTIVITY
Art. 214 : Other than for the mandatory activities under the Code : no special assessment, attorneys fees, negotiation fees or any other extraordinary fees may be checked off from any amount due to an EE without an individual written authorization duly signed by the EE.
E.1 Definition
What is a mandatory activity? Judicial process of settling dispute laid down by law. (Vengco vs. Trajano)
E.2 CBA Negotiation
1. Placement of re-negotiation for a CBA under compulsory process does not make it a “mandatory activity” as to authorize check-off from EE’s salary for attorneys fees without written, signed authorization.
(Galvadores vs. Trajano)
2. May a union collect “union service fee” for its appearance in labor proceeding?
Yes. This is in accordance with the liberalized scheme and theory of representation for labor. (RCPI vs. Sec. of Labor and Employment)
F. UNION INFORMATION
Art. 241 : It shall be the duty of any labor organization and its officers to inform its members on the :
1. Provisions of its constitution and by-laws. 2. CBA
3. Prevailing labor relations system and
4. All their rights and obligations under existing labor laws.
For this purpose, registered labor organizations may assess reasonable dues to finance labor relations seminars and other labor education activities. (Responsibility of officers for dissemination of union information and for respect of the law is greater than that of the members. (NLU vs. Continental
Cement)
Enforcement and Remedies – Procedure and Sanctions
1. Art. 241 : Any violation of the above rights and conditions of membership shall be a ground for cancellation of union registration or expulsion of officer from office, whichever is appropriate. At least 30% of all the members or any member or members especially concerned may report such violation to the Bureau.
Criminal and civil liabilities arising from violations of above rights and conditions of membership shall continue to be under the jurisdiction of ordinary courts.
2. When is the 30% requirement not needed? When such violation directly affects only 1 or 2 members, then only 1 or 2 members would be enough to report such violation and seek redress. (Kapisanan ng mga
A. JURISDICTION – EXHAUSTION INTERNAL REMEDIES
I. In case of intra-union disputes, redress must first be sought within the organization itself in accordance with its constitution and by-laws. (Villar vs.
Inciong)
II. What are the exceptions to the exhaustion of internal remedies? 1. Futility of intra-union remedies.
2. Improper expulsion procedure.
3. Undue delay in appeal as to constitute substantial injustice. 4. When action is for damages.
5. Lack of jurisdiction of the investigating body.
6. When action of administrative agency is patently illegal, arbitrary and oppressive.
7. When issue involves is a pure question of law.
8. Where administrative agency has already prejudged the case.
9. Where the administrative, agency was practically given an opportunity to act on the case but did not. (Azucena)
3.7 Union Affiliation, Local and Parent Union Relations
I. Sec. 3, Rule II, Book V, IRR’s : An affiliate of a labor federation or national union may be a local or an independently registered union.
RULES:
1. The labor federation or national union shall issue a charter certificate which shall be submitted to the Bureau within 30 days from issuance. 2. An independently registered union shall be considered an affiliate after
submission to the Bureau of the contract or agreement of affiliation within 20 days after its execution.
3. All existing labor federations or national unions are required to submit a list of their affiliates, their addresses and including the names and addresses of their respective officials.
4. The local or chapter of a labor federation or national union shall maintain a constitution and by-laws, set of officers and books of accounts.
5. No person who is not an EE or worker of the company or establishment where an independently registered union, affiliate, local or chapter of a national federation or national union operates shall henceforth be elected or appointed as an officer of such union, affiliate, local or chapter.
Affiliation; Purpose of; Nature of relations
A. NATURE OF RELATIONSHIP
The mother union is merely an agent of the local union. (NAFLU vs. Noriel) B. EFFECT – LEGAL PERSONALITY
Affiliation by a duly registered local union with a national union or federation does not make the local union lose its legal personality. Furthermore, notwithstanding affiliation, the local union remains the basic unit to serve the common interest of all its members. (Adamson vs. CIR)
Local Union Disaffiliation
A. NATURE RIGHT DISAFFILIATION
The right of a local union to disaffiliate from its mother union is consistent with the constitutional guarantee of freedom of association. (Volkschel Labor
Union vs. BLR)
B. RULE – LEGALITY ACT - DISAFFILIATION
The validity of the legal union disaffiliation is to be determined on the basis of the provisions of the constitution and by-laws of the local union with respect to the process of disaffiliation. (Liberty Cotton Mills Workers Union vs.
Liberty Cotton Mills)
C. MINORITY DISAFFILIATION
Generally, a labor union may disaffiliate from the mother union only during the 60-day period immediately preceding the expiration of the CBA
(Tanduay vs. NLRC). However, a mere minority cannot file a petition for a union
disaffiliation, even within the prescribed 60-day period before the expiry of an existing CBA. (Villar vs. Inciong)
D. EFFECT OF DISAFFILIATION – SUBSTITUTIONARY DOCTRINE
What is the substitutionary doctrine? EE’s cannot revoke the validly executed CBA with their ER by the simple expedient of changing their bargaining agent. (NAFLU vs. Noriel) Thus, the CBA continued to bind the members of the new of disaffiliated and independent union up to the CBA’s expiration date. (Associated Workers Union vs. NLRC) However, the substitutionary doctrine is not applicable to the personal undertaking of the deposed union i.e. no-strike stipulation. (Benguet Consolidated vs. PAFLU)
Section 4. The Appropriate Bargaining Unit 4.1 Law and Definition
Define the appropriate bargaining unit : Group of EE’s of a given ER, comprised of all or less than all of the entire body of EE’s, consistent wit the equity to the ER, indicated to be the best suited to serve the reciprocal rights and duties of the parties under the collective bargaining provisions of the law. (SMC vs. Laguesma) Within one unit there may be one or more unions, but for bargaining with the ER only one union – the majority of incumbent union – should represent the whole bargaining unit. (Azucena)
4.2 Determination of Appropriate Bargaining Unit
Factors – Unit Determination
The fundamental factors in determining the appropriate collective bargaining unit are : [W A P E]
1. Will of the EE’s.
2. Affinity and unity of the EE’s interest, such as substantial similarity of work and duties, or similarity in compensation and working conditions.
3. Prior collective bargaining history.
4. Similarity of employment status, such as temporary, probationary and seasonal EE”s.
Among these factors, the Supreme Court has consistently ruled that the test of grouping is mutuality or commonality of interests. The EE’s sought to be represented by the collective bargaining agent must have substantial mutual interests in terms of employment and working conditions as evinced by the type of work they perform. (SMC vs. Laguesma) In this respect, the basic test of an asserted bargaining unit’s acceptability is whether or not it is fundamentally the combination which will best assure to all the EE’s the exercise of their collective bargaining rights. (Belyca vs. Ferrer-Calleja)
1. In making judgments about “community of interest” in these different settings, the Bureau of Labor and Relation will look to such factors as :
1. Similarity in the scale and manner of determining earnings.
2. Similarity in employment benefits, hours of work, and other terms and conditions of employment.
3. Similarity in the kinds of work performed.
4. Similarity in the qualifications, skills and training of EE’s. 5. Frequency of contact or interchange among the EE’s. 6. Geographic proximity.
7. Continuity or integration of production processes.
8. Common supervision and determination of labor-relations policy. History of collective bargaining.
9. Extent of union organization. (Azucena)
2. A cigar manufacturing company has 7 departments, namely administrative, raw leaf, cigar, cigarette, engineering and garage, dispensary and sales. May the rank-and-file in the administrative, sales and dispensary be grouped separately from the rank-and-file of the other departments?
Yes. They are engaged in work different from those performed in the other departments. Thus, they have a community of interest different from that of the other departments. (Alhambra vs. PAFLU)
3. Golden Farm has 2 sets of EE’s : monthly-paid clerical workers and daily-paid agricultural workers. May the monthly-paid EE’s constitute a separate bargaining unit?
Yes. The monthly-paid EE’s have very little in common with the daily-paid EE’s in terms of duties and obligations, working conditions, salary rates, and skills. (Golden Farms vs. Sec. of Labor)
4. May the non-academic personnel of UP be joined with the academic personnel?
No. The 2 groups do not have community or mutuality of interests. (UP vs.
Ferrer-Calleja)
Unit Severance and the Globe Doctrine
What is the Globe Doctrine? The relevancy of the wishes of the EE’s concerning their inclusion or exclusion from a proposed bargaining unit is
inherent in the basic right of self-organization. While the desire of EE’s with respect to their inclusion in bargaining unit is not controlling it is a factor which would be taken into consideration in reaching a decision.
Single or ER Unit is Favored
1. It has been the policy of the Bureau to encourage the information of an ER unit unless circumstances otherwise require. The proliferation of unions in an ER unit is discouraged as a matter of policy unless there are compelling reasons which would deny a certain class of EE’s the right to self-organization for purposes of collective bargaining.
(Philtranco vs. BLR)
2. It is proposed in a certification election that the professors of L. College be grouped into 2 units : high school and college professor. The proposal is based on the fact that the rules governing the 2 are different, that the set up of the 2 departments are different and that the manner of their payment is different. This proposal is opposed on the following grounds : that the 2 departments are under the control of only 1 board of trustees; that they are housed in the same building; that there is but 1 cashier and registrar for the 2 departments; that there are teachers who are teaching in both departments; that the elementary department would be left without a bargaining representative; and that there are only 130 teachers involved in the proceedings. How many bargaining units should there be?
The facts show community of interests of the teachers in the college and high school departments. Beside, the establishment of separate units would leave the elementary teachers without a bargaining representative. And considering that there are only 130 teachers, the division of the bargaining unit dissipate their strength for collective bargaining purposes. Finally, the ER would be contending with 2 different unions vying for each other for better benefits to gain more members. (Laguna College vs. CIR)
Two Companies with Related Businesses
Two corporations cannot be treated as a single bargaining unit even if their business are related. (Diatogon vs. Ople) However, when if in reality, the companies constitute a single business entity i.e. 3 corporations acting as security agencies were under the same management and had interlocking incorporators and officers, the veil of corporate fiction may be lifted for the purpose of allowing the EE’s to form a single union and be part of a single bargaining unit. (PSVSIA vs. Torres)
Section 5. Union Representation : Establishing Union Majority Status 5.1 Pre-condition – ER-EE Relationship
The duty to bargain collectively exists only between the ER and its EE’s. When there is no duty to bargain collectively, it is not proper to hold certification election in connection therewith. (PLUM vs. Compania vs. Maritima) 5.2 Methods of Establishing Majority Status
Elections – Certification Election ; Consent Election ; and Run-Off Election
Define certification election, consent election, and run-off
1. Certification Election – Process of determining through secret ballot, the sole and exclusive bargaining agent of the EE’s in an appropriate bargaining unit, for purposes of collective bargaining. (Certification proceedings directly involve two issues):
a. proper composition and constituency of the bargaining unit; and b. validity of majority representation claims of the asserted
bargaining representative or of competitive bargaining representative. (Azucena)
2. Consent Election – Election voluntarily agreed upon by the parties to determine the issue of majority representation of all the workers in the appropriate bargaining unit.
3. Run-Off – Election between the labor unions receiving the 2 highest number of voted when a certification election which provides for 3 or more choices results in no choice receiving a majority of the valid votes cast.
Exclude spoiled ballots
where the total number of votes for all contending unions is at least 50% of the number of votes cast.
Distinguish consent election from certification election : A consent election is an agreed one; its purpose being merely to determine the issue of majority representation of all the workers in the appropriate collective bargaining agent of all the EE’s in the appropriate bargaining unit for the purpose of collective bargaining. (Warren Workers Union vs. BLR)
Policy
A. NO DIRECT CERTIFICATION
Direct certification is no longer allowed as a method of selecting the bargaining agent. Where a union has a filed petition for certification election, the mere fact that no opposition is made does not warrant a direct certification. (CENECO vs. Sec. of Labor)
B. EFFECT OF ONE UNION ONLY
Certification election is the best and most appropriate means of ascertaining the will of the EE’s as to their choice of an exclusive bargaining representative. That there are no competing unions involved should not alter that principle, the freedom of choice of the EE’s being the primordial consideration besides the fact that the EE’s can still choose between “union” and “no union”. (George and Peter Lines vs. ALU)
C. ONE-UNION, ONE-COMPANY POLICY
Give a brief description on the “one-union, one-company policy” : The proliferation of unions in an ER unit is discouraged as a matter of policy unless compelling reasons exist which deny a certain and distinct class of EE’s the right to self-organization for purposes of collective bargaining.
D. RATIONALE
The holing of a certification election is based on a statutory policy that cannot be circumvented. The workers must be allowed to freely express their choice in a determination where everything is open to their sound judgment and the possibility of fraud and misrepresentation is eliminated. (Progressive
development vs. Sec. of Labor) Venue of Petition
1. Sec. 1, Rule V, Book V, IRR’s : A petition for certification election may be filed with the Regional Office which has jurisdiction over the principal office of the ER.
2. Sec. 6, Rule V, Book V, IRR’s : Upon receipt of the petition, the regional director shall assign the case to a Med-Arbiter to appropriate action. The Med-Arbiter shall have 20-workign days from submission of the case for resolution within which to dismiss or grant the petition. 3. In case the place of work of the EE’s and the principal office of the ER
are located within the territorial jurisdiction of different regional offices, may the workers file the application in their place of work?
Yes. The word “jurisdiction” as used in the provision refers to venue, and venue touches more to the convenience of the parties rather substance of the case. Since the worker is more economically disadvantaged, the nearest government machinery to settle a labor dispute must be placed at his immediate disposal. (Cruzvale vs. Laguesma) 5.3 Certification Election
Union as Initiating Party
A. ORGANIZED ESTABLISHMENT
1. Under what conditions may the Med-Arbiter automatically order a certification election by secret ballot in an organized establishment?
a. Petition questioning the majority status of the incumbent bargaining agent is filed before the DOLE within the 60-day freedom period.
b. Such petition is verified.
c. The petition is supported by the written consent of at least 25% of all EE’s in the bargaining unit : (Art. 256)
2. In case there are 3 or more unions contending in a certification election, what will happen if no union receives a majority of the valid votes cast?
Provided that the total number of votes of all contending unions is at least 50% of the number of votes cast [that is, the contending unions got more votes than the vote for “no union”], a run-off election will be conducted between the 2 unions with the highest number of votes. (Alcantara)
3. A certification election was held between 3 contending unions, A, B and C. Of the 50 eligible voters, only 500 actually cast their votes. A got 220 votes, B got 242 votes and C got 30 votes, while the rest of the ballots were considered spoiled. How do you determine the majority vote in the certification election ?
The majority vote in the certification election is 50% plus 1 of the valid votes cast. Spoiled ballots are excluded. (Id.)
A.1 Definition
What is an organized establishment? It is a firm or company where the EE have selected an exclusive bargaining representative or where there is a CBA duly submitted to the DOLE. (Sec. 6, Rule V, Book V, IRR’s)
Freedom period
1. When may a petition for certification be filed in an organized establishment? A petition for certification election may be filed during the last 60 days (freedom period) of the CBA. Any petition filed before or after the 60-day freedom period shall be dismissed outright.
(Sec. 3, Rule V, Book V, IRR’s)
2. Is the freedom period affected by any amendment, extension or renewal of the CBA? No. The 60-day freedom period based on the original CBA, shall not be affected by any amendment, extension or renewal of the CBA for purposes of certification election. (Sec. 6, Rule V,
Book V, IRR’s)
3. May a new CBA executed by the incumbent exclusive bargaining representative and the company, and ratified during the 60-day freedom period be considered a bar to the certification election? No. The representation case shall not be adversely affected by a CBA registered before or during the last 60 days of a subsisting agreement or during the pendency of the representation case. (Sec. 4, Rule V, Book V, IRR’s)
A.3 Filing Party
1. Among the legal requirements before a petition for certification election may be ordered by the Med-Arbiter is that the petitioning union must be a legitimate labor organization in good standing. (Lopez
Sugar vs. Sec. of Labor)
2. May a federation file such a petition in behalf of its chapter or local? The mother federation may file a petition for certification as agent of the local or chapter provided both the mother federation and the local or chapter is a legitimate labor organization. (Progressive
Development vs. Sec. of Labor)
A.4 Signature verification
It is the Director of Labor Relations, rather than a union that is required to determine whether there has been compliance with the requirement that at least 25% of all the EE’s in the bargaining consented in writing to the holding of a certification election. (Today’s Knitting vs. Noriel)
A.5 Substantial Support
1. What percentage of the EE’s should support the petition for certification election in an organized establishment? The required number is 25% of all the EE’s in the bargaining unit.
2. Is there a need simultaneous submission of the signatures together with the petition for certification election? No. The mere filing of a petition for certification election within the freedom period is sufficient basis for the issuance of an order for holding of a certification election subject to the submission of the consent signatures within a reasonable period of time. (PWUP vs. Laguesma)
3. May a certification election be called by the Med-Arbiter although the 25% statutory requirement has not been complied with? Yes. Even conceding that the statutory requirement of 25% is not strictly complied with, the Med-Arbiter is still empowered to order that the certification election be held precisely for the purpose of ascertaining which of the contending labor organizations shall be the exclusive bargaining agent. The requirement then is relevant only when it becomes mandatory in conduct a certification election. (CMC vs.
Laguesma) Once the statutory requirement is met, it is mandatory for
the Med-Arbiter to conduct a certification election. (Belyca vs.
Ferrer-Calleja) In all other instances, however, the discretion ought to be ordinarily exercised in favor of a petition for a certification election.
(CMC vs. Laguesma)
4. The NFSW filed a petition for certification election. It was contended however by another union that more than 20% of the membership of NFSW disaffiliated and thus the union cannot meet the 25% support requirement. Should the petition be dismissed?
If there is a y reasonable doubt as to whom the EE’s have chosen as their representative for the purpose of collective bargaining, the Bureau shall order a certification election by secret ballot. To hold otherwise would violate the liberal approach constantly followed in labor litigation.
(VICMICO vs. Noriel)
A.6 Motion for Intervention – Support
Under the law, the requisite written consent of at least 25% of the workers in the bargaining unit applies to petition for certification election only, and not to motions for intervention. (PAFLU vs. Ferrer-Calleja)
Unorganized Establishments
Art. 257 : In any establishment where there is no certified bargaining agent, a certification election shall automatically be conducted by the Med-Arbiter upon the filing of a petition by a legitimate labor organization.
A. FILING PERIOD
When may a petition for certification be filed in an unorganized establishment? A petition for certification election may be filed at any time. (Sec. 3, Rule V, Book V, IRR’s)