Labor Relations

A. Right to Self Organization -

A. Right to Self Organization -

the entitlement given to all employees to form, join or assist in the formation of a labor union or worker's association

A.1. right to self-organization carries with it the right:

to abstain from joining a union

to choose which union he would join

to cancel his membership with the union

UNION SECURITY AGREEMENT

a stipulation in a collective bargaining agreement

which requires employees covered by the collective bargaining unit

to become union members

or to maintain their union membership in good standing

as a condition for continued employment

Limitations on the Applicability of Union Security Agreements

A.1.1.1.1.1. who are already members of another union at the time of the signing of the CBA

A.1.1.1.1.2. who were refused admission by the union itself without any reasonable ground therefor

A.1.1.1.1.3. who are members of religious sects which prohibit their members from joining a labor organization

A.1.1.1. Types of Union Security Agreements

Closed shop [hire only union members]

Union shop [condition to join union]

Maintenance of Membership [require to maintain membership]

Preferential Hiring [preference in engagement]

Agency shop [support from employees]

Unfair labor practice

refer only to those acts listed in Arts. 259 and 260 of the Labor Code; acts that violate the right of employees to self organization; Not refer to every unfair act or decision of an employer

A.1.1. 2 Aspect of unfair labor case

A.1.1.1. Administrative aspect

A.1.1.1. Criminal aspect

A.1.1.1. test of interference:

whether the employer has engaged in a conduct which reasonably tends to hinder the free exercise of the employee's right to self-organization

A.1.1.2. The Totality of Conduct Doctrine -

the culpability of an employer's remarks are to be evaluated not only on the basis of their implications, but should be appraised against the background of and in conjunction with collateral circumstances

A.1.1.1. Yellow Dog Contract

- an agreement which requires as a condition of employment, that a person or employee:

A.1.1.1.1. Declare that he is not a member of a labor organization

A.1.1.1.2. Refrain from joining a labor organization

A.1.1.1.3. Withdraw his membership in a labor organization

A.1.1.1.4. Quit his employment upon joining a labor organization

A.1.1.1. Disestablishment -

an order requiring an employer to withdraw its recognition of a company union as collective bargaining agent, and a bona fide notice and sufficient communication to the employees about the withdrawal of recognition

When does the duty to bargain collectively exist?

A.1.1.1.1. The employer is obliged to bargain collectively only when the labor organization which requests the employer to bargain collectively is:

A.1.1.1.1.1. a legitimate labor organization

A.1.1.1.1.2. composed of employees of the supposed employer

certified by the DOLE as the collective bargaining representative of the employees

Unfair labor practice; to violate a collective bargaining agreement

A.1.1.1. must be gross in character - flagrant and/or malicious refusal to comply with the economic provisions

A. Labor organization (labor union)

- an association of employees created for the purpose of collective bargaining or dealing with employers concerning terms and conditions of employment

A.1. Those qualified to form, join, or assist in the formation of a labor organization:

Rank and file

Supervisory

A.1.1. Rank-and File employees -

those who are neither managerial nor supervisory

A.1.2. Supervisory employees -

those who, in the interest of the employer can effectively recommend managerial actions, such as laying down and executing of management policies or the hiring, transfer, suspension, lay-off, recall, discharge, assignment, or discipline employees

A.1. Those disqualified from forming or joining a labor organization

Managerial employees

Confidential employees who have access to labor relations matters

Government employees

Employees of GOCC with original charters

Workers who are ambulant, intermittent, itinerant and those without definite employers

A.1. How to acquire legitimacy and legal personality

Independent registration

By affiliation with a duly registered federation or national union

Registration requirements of Independent Unions

1. Statement [containing:(a) name of the labor union; (b)principal address;(c) names and addresses of its officers; (d) approximate number of employees in the bargaining unit]

2.Statement that it is not reported as chartered local of any federation

3. Minutes of the organizational meeting and the List of employees who participated in the organizational meeting

4. List of members comprising at least 20%

5. Annual financial reports if the labor union has been in existence for at least 1 year, unless it has not collected any amounts from the members , in which case a statement to this effect

6. Constitution and by-laws, minutes of its adoption or ratification, and the list of the pertinent members

Federations or National Unions

1. Statement [indicating the (a) name of the federation or national union; (b) principal address; (c) names and addresses of its officers;]

2. Minutes of the organizational meeting and the List of employees who participated in the organizational meeting;

3. Annual financial reports if the federation or national union has been in existence for at least 1 year, unless it has not collected any amount from the members, in which case a statement to this effect shall be included in the application

4. Constitution and by-laws, minutes of its adoption or ratification, and the list of the participant-members

5. Resolution of affiliation of at least 10 legitimate labor organizations, whether independent unions or chartered locals, each of which must be a duly certified or recognized bargaining agent in the establishment where it seeks to operate

6. Name and address of the companies where the affiliates operate and the list of all members in each company involved

7. Payment of registration fee

Worker's Association

1. Name and address of the association

2. Names and addresses of its officers

3. Minutes of the organizational meeting

4. List of members who participated in the organizational meeting

5. Financial reports of the worker's association if it has been in existence for one or more years, unless it has not collected any amount form the members

6. Constitution and by-laws, Minutes of its adoption/ratification, and the list of the participant-members

7. Payment of registration fee

A.1.1. Mandatory requirements: application for registration and all its supporting documents must be:

A.1.1.1.1. Certified under oath by the Secretary or Treasurer of the organization

A.1.1.1.2. Attested to by the President

A.1. Where the application for registration be filed

A.1.1. For Independent unions - DOLE Regional Office where the applicant principally operates

A.1.2. For Federations or national unions - Bureau of Labor Relations

A.1. Approval of Registration

A.1.1. If all the legal requirements for registration are complied with, approval of the registration becomes a ministerial duty

So the remedy in case of refusal to approve the registration is MANDAMUS

A.1.1. Grounds for denial of Registration

A.1.1.1. Non-compliance with the certification and attestation requirements

A.1.1.2. Falsification or serious irregularities in the application for registration

A.1.1.3. Failure to complete the registration requirements within 30 days from notice

A.1.2. Remedies from Denial of Registration

A.1.2.1. Re-file the application with complete supporting documents - if due to incomplete registration

A.1.2.2. Appeal within 10 days to

A.1.2.2.1. Bureau of Labor Relations - if the order of denial was issued by the DOLE Regional Office

A.1.2.2.2. Office of the Secretary of Labor and Employment - if the order of denial was issued by the Bureau of Labor Relations in the exercise of its original jurisdiction

A.1. Grounds for cancellation of union registration

A.1.1.1. Misrepresentation, false statement or fraud in connection with the: (1) adoption or ratification of the constitution and by-laws or amendments thereto; (2)minutes of ratification; and (3) list of members who took part in the ratification.

A.1.1.2. Misrepresentation, false statements or fraud in connection with the: (1) election of officers; (2) minutes of the election of officers; (3) list of voters

A.1.1.3. Voluntary dissolution by its members

Requirements for Voluntary Cancellation of Registration

1. A general membership meeting for this specific purpose

2. Two-Thirds (2/3) of the general membership must concur to dissolve the organization

3. An application to cancel registration should be filed with the DOLE Regional Office or the Bureau of Labor Relations which issued its certificate of registration

A.1. Local Chapter (Chartered local) -

an unregistered labor organization which affiliates with a duly registered federation or national union

A.1. Who can file a petition for cancellation

: any party-in-interest can file a petition for cancellation

except if the ground for cancellation is based on a violation of the rights and conditions of union membership, in which case, the petition for cancellation can only be filed by the members of the labor organization

A.1. Where should petition for cancellation be filed:

A.1.1. DOLE Regional Office which issued the certificate of registration - if what is sought to be cancelled is the registration of an independent union or local chapter

A.1.2. Bureau of Labor Relations - if what is sought to be cancelled is the registration of federations, national unions, industry unions, or trade unions

A.1. Effect of a pending cancellation proceedings -

A.1.1. Once a labor organization is registered, it continues to enjoy its legitimacy and legal personality until its certificate of registration is cancelled.

A.1.2. Only a FINAL order of cancellation can strip a legitimate labor organization of its rights

A.1.1.1. therefore during the pendency, a labor organization can still

A.1.1.1.1. file a petition for certification election

A.1.1.1.2. intervene in a certification election proceeding

A.1.1.1.3. participate in the certification election

A.1.1.1.4. negotiate a collective bargaining agreement

A.1. Remedy from order of cancellation: appeal within 10 days from the receipt to the following agencies:

A.1.1. Bureau of Labor Relations - if the case was decided by the DOLE Regional Director

A.1.2. Secretary of Labor and Employment - if the case was decided by the Bureau of Labor Relations in the exercise of its original jurisdiction

Who can create a local chapter -

A duly registered federation or national union may directly create a local chapter by issuing a charter certificate indicating the establishment of the local chapter.

A.1.1. When does a local chapter become a legitimate labor organization

A.1.1.1. The chapter shall acquire legal personality only for purposes of filing a petition for certification election from the date it was issued a charter certificate

The chapter shall be entitled to all other rights and privileges of a legitimate labor organization only upon the submission of the following documents

A.1.1.1.1. Charter certificate

A.1.1.1.2. Names and addresses of the chapter's officers

A.1.1.1.3. Principal office of the chapter

A.1.1.1.4. Constitution and by-laws: Provided, that where the chapter's constitution and by-laws are the same as that of the federation or the national union, this fact shall be indicated accordingly

A.1. Affiliate -

A.1. an independently registered union that join a federation or national union

A.1.1.1. Relationship between the federation and a local union or affiliate: principal-agent

A.1.1.1. becomes subject to the constitution and by-laws of the federation - federation can investigate and expel members of the local union on the bases of the federation's constitution and by-laws

A.1.1.2. an independent union does not lose its legal personality - federation does not absorb the affiliate - upon disaffiliation it need not register anew to be entitled to the rights and privileges of a duly registered labor union

Disaffiliation

GR:

A.1.1.1.1.1. local union can disaffiliate from its mother federation only during the freedom period; the majority of the local union members must approve the disaffiliation

XPN:

even before the onset of the freedom period , if there is a substantial shift of alleigance

Effect of Merger

A.1.1. one organization absorbs the other

effect of consolidation

A.1.1. - two or more unions are unified and a new organization is created

A.1.1. Requisites of a valid levy of special assessments and extraordinary fees

A.1.1.1. a general membership meeting must be called for the purpose

A.1.1.2. majority of all union members must execute a written resolution authorizing the levy of special assessments or extraordinary fees

A.1.1.3. the minutes of the meeting must be recorded by the union secretary and attested by the union president stating the

A.1.1.3.1. list of all members present

A.1.1.3.2. votes cast

A.1.1.3.3. purpose of the special assessment

A.1.1. Check-off -

is a method of deducting from the employees' pay the amount for fees, fines or assessments

A.1.1.1. Requisites of a valid Check-off

A.1.1.1.1.1. must be supported by an individual written authorization

A.1.1.1.1.2. duly signed by the employee

A.1.1.1.1.3. specific as to the amount, purpose and beneficiary of the deduction

A.1.1.1. When individual check-off authorization is not required

A.1.1.1.1. agency fees from non-union members who accept the benefits under the collective bargaining agreement

A.1.1.1.2. reasonable fees to finance mandatory activities under the Labor Code

A.1.1.1.2.1. mandatory activities adverted to are labor relations seminars and labor education activities

A.1.1.1.2.2. not mandatory activities: compulsory arbitration of a collective bargaining deadlock; amicable settlement

A.1.1.1. Remedy if the union fails or refuses to render an accounting of Union Funds

A.1.1.1.1. At least 20% of the union members can file a petition for accounting of union funds.

A.1.1.1.2. However, petition cannot be filed

A.1.1.1.2.1. during freedom period

A.1.1.1.2.2. within 30-day period immediately preceding the election of union officials

A.1.1.1.1. Petition for accounting or audit of union funds prescribes in 3 years reckoned from:

A.1.1.1.1.1. the date of the submission of the annual financial report to the DOLE

A.1.1.1.1.2. the date the same should have been submitted as required by law, which ever comes earlier

A.1.1. Who are qualified for election as union officer, the candidate must be:

A.1.1.1. an employee of the company where the union operates

A.1.1.2. a member in good standing in the labor organization

A.1.1.3. free from conviction of a crime involving moral turpitude

A.1.1.3.1. if convicted, has been granted absolute pardon

A.1.1. Elections of union officers are conducted

A.1.1.1. The members shall directly elect their officers, including those of the national union or federation, to which they or their union is affiliated,

A.1.1.2. by secret ballot

A.1.1.3. at intervals of five (5) years.

A. Remedy in case of violation of rights and conditions of Union Membership

A.1. a complaint may be filed by:

A.1.1. at least 30% of all members of a union or

A.1.2. any union member specially concerned

A. Remedy in case of violation of rights and conditions of Union Membership

A.2. Where to file the complaint:

A.2.1. DOLE Regional Office - for independent labor unions and local chapters

A.2.2. Bureau of Labor Relations - for federations

A. Collective Bargaining -

negotiations toward a collective bargaining agreement

A.1. Meaning of duty to bargain collectively.

A.1.1. The duty to bargain collectively means

the performance of a mutual obligation to meet and convene

promptly and expeditiously

in good faith

for the purpose of negotiating an agreement with respect to wages, hours of work and all other terms and conditions of employment including proposals for adjusting any grievances or questions arising under such agreement and executing a contract incorporating such agreements if requested by either party but such duty does not compel any party to agree to a proposal or to make any concession.

A.1.1.1.1.1. the employer is duty-bound to bargain collectively only when the union which seeks to represent the bargaining unit is:

a legitimate labor organization

composed of employees of the supposed employer

chosen or designated by the majority of the employees within the bargaining unit as their collective bargaining representative - if two or more unions claims to hold the majority if the employees in the bargaining unit, the duty to bargain does not exist until the issue on majority representation is finally settled

A.1.1.1. Collective bargaining is a continuous process. During the term of the CBA, the parties should observed their mutual obligation:

A.1.1.1.1. to meet and confer promptly and expeditiously and in good faith for the purpose of adjusting any grievance or question arising under such agreement

A.1.1.1.2. to observe the terms and conditions of the CBA during its lifetime and until a new agreement is reached

A.1.1.1. Hold-Over Principle

- in the absence of a new CBA, the parties must maintain the status quo and must continue to observe the terms and conditions of the existing agreement until a new agreement is reached

A.1.1.2. Freedom Period -

60-day period prior to the expiration of the CBA

A.1.1.2.1. a union member can validly resign from the union

A.1.1.2.2. a local union can disaffiliate from its mother federation

A.1.1.2.3. the majority status of the incumbent collective

bargaining agent can be challenged through a petition for certification election

A.1.1.2.4. the parties can seek the termination or modification of the existing CBA

Collective Bargaining Process

Formation of Labor Organization

Registration of the Labor Organization

Request for SEBA Certification or Petition for Certification Election

Submission of Written Proposals

Negotiation

Signing of CBA

Posting of CBA

Ratification of CBA

Registration

A.1.1.1. Courses of Action in case of Deadlock

A.1.1.1.1. bring the matter to the national Conciliation and Mediation Board for conciliation and mediation

A.1.1.1.2. Submit the matter for arbitration

A.1.1.1.3. Declare a strike or lockout

A.1.1. When Injunction in labor disputes may issue

A.1.1.1. In labor disputes causing or likely to cause a strike or lockout in an industry indispensable to the national interest

A.1.1.2. in case of actual or threatened commission of prohibited or unlawful acts

A.1.1.3. when necessary to require performance of a particular act, which if not restrained or performed forthwith, may cause grave or irreparable damage to any party or render ineffectual any decision in favor of such party

A.1.1. Who may issue Injunction in Labor disputes

Secretary of Labor and Employment

National Labor Relations Commission

Secretary of Labor and Employment

has the discretion to determine what industries are indispensable to national interest

actual strike or lockout is not a condition for the exercise of the power.

A.1.1.1. National Labor Relations Commission (NLRC) -

in ordinary labor disputes or in cases arising from any violation of Art. 279 of the Labor Code

A.1.1. Innocent Bystander Doctrine

the right to strike and picket may be regulated at the instance of third parties or "innocent bystanders" if the strike or picket:

1. creates an impression that a labor dispute to which they have no connection or interest, exists between

2. constitute an invasion of their rights

The exclusive representative of the employees in such unit for the purpose of collective bargaining:

labor organization designated or selected by the majority of the employees in an appropriate collective bargaining unit

However, an individual employee or group of employees shall have the right at any time to present grievances to their employer.

A.1. Right of employees to participate in policy and decision-making

A.1.1. right is confined to processes that directly affect their rights, benefits, and welfare. It does not extend to matters pertaining to:

A.1.1.1. business operations or management of the business

A.1.1.2. provisions of the collective bargaining agreement

A.1.1.3. traditional areas of collective bargaining

A.1.2. rights is subject to rules and regulations as the Secretary of Labor and Employment may promulgate

A.1.3. For this purpose, workers and employers may form labor-management councils:

A.1.3.1. That the representatives of the workers in such labor-management councils shall be elected by at least the majority of all employees in said establishment.

A.1.1. Criteria for fixing the appropriate bargaining unit

A.1.1.1. Will of the employees (Globe doctrine)

A.1.1.1. Community of employee's interest (Substantial mutual interest rule)

A.1.1.1. Prior collective bargaining history

A. 2 ways by which a legitimate labor organization can become a collective bargaining representative

SEBA certification

Petition for certification election

A.1. SEBA Certification -

the process by which a legitimate labor organization is acknowledged by the employer as the exclusive collective bargaining agent of the employees covered by the bargaining unit

A.1. Certification election (including consent election and run-off election) -

is the process of determining through secret ballot the sole and exclusive collective bargaining agent of the employees in an appropriate bargaining unit

A.1.1.1.1. Requisites for Certification Election in UNORGANIZED establishment

A.1.1.1.1.1. only a verified petition is needed.

[The written consent of 25% covered by the bargaining unit is NOT necessary]

A.1.1.1.1. Requisites for Certification election in ORGANIZED establishments

A.1.1.1.1.1. a verified petition

A.1.1.1.1.2. supported by the written consent of at least 25% of all the employees in the bargaining unit

A.1.1.1.1.1.1.1. if the written consent fall short of the 25% statutory requirement,

it is discretionary on the part of the Med-Arbiter to call a certification election

A.1.1.1.1.1.1.2. if the petition is totally unsupported by the 25% written consent,

the petition for certification election should be dismissed

A.1.1.1.1.1.1. Effect of withdrawal of consent:

- if before the filing of petition

- if after the filing of the petition

if before --> may not hold cert elec

if after --> may still order cert elec

25% consent requirement

A.1.1.1.1.1.1.1.1. petition for certification election in unorganized establishment

A.1.1.1.1.1.1.1.2. petition for certification election filed by an employer

A.1.1.1.1.1.1.1.3. motion for intervention

Intervention

Legitimate Labor union with substantial interest

need not be supported by the written consent of 25%

A.1.1.1. When to file a motion for intervention

A.1.1.1.1. in unorganized establishments - anytime prior to the decision of the Med-Arbiter

A.1.1.1.2. in organized establishments - during the freedom period

A.1.1.1.1. By-Stander Principle:

In a certification proceeding, the employer is a mere by-stander because certification election is the sole concern of workers.

XPN to the by-stander principle

1. the relationship of employer-employee does not exist

2.petitioning union is not listed in the registry of Legitimate Labor Unions

3. When the registration of the petitioning union has been canceled with finality

4. When it is not an appropriate bargaining unit

5. when the petition (in an unorganized[ORGANIZED dba?] establishment) is not supported by the written consent of 25% of the employees within the bargaining unit

6. when there is a duly registered collective bargaining agreement

7. When barred by 1 year bar

8. When the petition was filed at a time when there was a collective bargaining deadlock

Circumstances that Bar the filing of a petition for certification election

[1 year bar rules]

1. SEBA certification year bar rule

2. Election year bar rule

3. Negotiation year bar rule

4. Deadlock bar rule

5. Contract bar rule

A.1.1. Grounds for Dismissal of Petition

1. Lack of employer-employee relationship

2. Lack of legitimacy on the part of the petitioning union

3. Lack of written consent of 25% of the employees within the bargaining unit (in organized establishments)

4. Bargaining unit is not an appropriate bargaining unit

5. Petition is barred by 1 year rule

6. Failure of a local chapter or federation to submit the charter certificate upon filing of the petition

7. Failure of petitioner to appear for 2 consecutive scheduled conferences before the Mediator-Arbiter despite notice

A.1.1.1. Preliminary Conference:

A.1.1.1.1. if no motion to dismiss is filed or if the motion to dismiss is denied, a preliminary conference will be conducted by the Med-Arbiter for the purpose of determining:

A.1.1.1.1.1. the bargaining unit to be represented

A.1.1.1.1.2. the contending labor unions

A.1.1.1.1.3. the possibility of a consent election

A.1.1.1.1.4. other relevant matters

A.1.1.1.1. Consent election:

during the preliminary conference, the contending unions may agree on the holding of a certification election (election by agreement of the parties)

Issues which the Med-Arbiter CANNOT validly resolve in a certification proceeding

[ these questions are matter cognizable by the Regional Director in an independent petition for cancellation of registration ]

1. the validity of the registration of the union, [except if not included in roster]

2. the validity of the registration of the collective bargaining agreement [except if not registered]

A.1.1.1.1.1. Issues which the Med-Arbiter can resolve in a petition for certification election

A.1.1.1.1.1.1. existence or non existence of employer-employee relationship

A.1.1.1.1.1.2. eligibility or mixture in union membership

Can a certification or decision be appealed? (period of appeal: 10 days from receipt thereof)

-unorganized v. organized -

--Unorganized establishments --

A.1.1.1.1.1.1.1. an order granting the petition for certification election is not appealable

A.1.1.1.1.1.1.2. an order dismissing the petition is appealable to the Secretary of Labor and Employment

--in Organized establishment--

A.1.1.1.1.1.1.1. an order granting or dismissing the petition is appealable to the Secretary of Labor and Employment

A.1.1.1.1. Pre-Election Conference:

If the Order calling for a certification election becomes final and executor, a pre-election conference will be set for the purpose of discussing the mechanics of the election

A.1.1.1. Notice of Election:

After the preliminary conference a notice of certification election will be issued

A.1.1.1.1. Who are qualified to vote in a certification election

all employees who are covered by the appropriate bargaining unit, whether union members or not, at the time of the issuance of the certification order are eligible to vote, regardless of their employment status

A.1.1.1.1.1. Who can challenge a vote:

A.1.1.1.1.1.1. the authorized representative of any of the contending unions or

A.1.1.1.1.1.2. the employer can challenge

A.1.1.1.1.1. Grounds to challenge the voter:

A.1.1.1.1.1.1. is not an employee of the company

A.1.1.1.1.1.2. has already been dismissed from service

A.1.1.1.1.1.3. is not a member of the bargaining unit

Who can file a protest:

only a party-in-interest can file a protest based on the conduct or mechanic of the election

A.1.1.1. Run-Off election -

an election conducted when, in a certification election with at least [three?] choices, none of the choices obtained a majority of the valid votes cast, and the total number of votes for all the contending unions is at least 50% of the total number of votes cast without challenged ballots which can materially alter the results

A.1.1.1.1. Conditions for Run-off election

A.1.1.1.1.1. a certification election with at least 3 choices has been conducted

A.1.1.1.1.2. none of the choices obtained a majority of the valid votes cast

A.1.1.1.1.3. total votes for all contending unions is at least 50% of the number of votes cast

A.1.1.1.1.4. there are no challenged ballots, which can materially alter the results

A.1.1.1.1. FAILURE of election:

where the votes cast is less than the majority of the number of eligible voters and there are no material challenged votes

A.1. Employees Covered by the CBA:

all employees covered by the collective bargaining unit, whether union members or not

A.1.1. Purpose of registration of CBA:

to bar a certification election and ensure its stable and undisturbed administration

A.1.1. Substitutionary Doctrine -

If CBA is not registered and another union files a petition for certification election and the incumbent collective bargaining agent is defeated the employees cannot revoke a validly executed CBA by simple expedient of changing their bargaining agent., this it continues to bind them until a new agreement is reached

the new collective bargaining agent is obliged to respect the CBA

A.1.1. Term of CBA:

5 years reckoned form the date of its effectivity.

No petition questioning the majority status of the incumbent bargaining agent shall be entertained and no certification election shall be conducted by the Department of Labor and Employment during the 5 year period, except during the last 60 days of the 5 year period.