Art. 232. Bureau of Labor Relations and Labor Relations Divisions in the regional offices of the DOLE.

Original and exclusive AUTHORITY TO ACT: (upon their own initiative or request of either/both parties) 1. Inter-Union conflicts/disputes (read p.574) Any conflict between/among legitimate labor unions involving representation questions for purposes of collective bargaining. Any dispute between legitimate labor unions. Any conflict between/among members of a union. Grievances arising from any violation of the rights and conditions of membership. Violation of or disagreement over any provision of the unions CBL. Disputes arising from chartering or affiliation of union. 2. Intra-Union conflicts/disputes

Atty. Balais Lecture: A mere request for Audit/accounts examination of union/workers association funds without an allegation of corruption and misuse of funds is not an intra-union conflict that falls upon the jurisdiction of the Med-Arbiter but rather within the ambit of the visitorial powers of the SOLE exercised by the RD. In case of illegal termination, the union and the employer are solidarily liable. Original jurisdiction of the BLR: i. ii. Cancellation of Federation/National Union registration; and Certification Election in Government Unions.

The Armed Forces and the PNP have no right to form a union. They cannot stage a strike. Government employees can negotiate with the government all other terms and conditions of employment that are not provided for by law. CBA must be registered; otherwise, the contract bar rule will not take effect. Hence, a petition for certification election may be granted. Only the economic provisions of the CBA may be renegotiated, and not the political provisions. Thus, the 5-year period of the CBA shall remain and does not move to prevent a perpetual moving of the freedom period.

3. All disputes, grievances or problems arising from or affecting labor-management relations Cancellation of registration of a labor organization. Interpleader. Any conflict between a labor union and an individual, entity or group that is not a labor organization or workers association. Exception: Those arising from the implementation/interpretation of CBA this falls on grievance machinery and/or voluntary arbitration. The Bureau shall have 15 working days to act on such cases, subject to extension by agreement of the parties.

Med-Arbiter an officer in the DOLE Regional Office/Bureau of Labor Relations authorized to hear and decide: 1. Representation cases; Refers to the proceedings intended to determine which among the rival unions should be officially certified as the exclusive representative of the employees in bargaining collectively with their employer. 2. Inter / Intra-Union disputes; and 3. Related labor relations disputes. Exception: Cancellation of union registration. (RDs jurisdiction) WHO may file the complaint: a. In cases of Inter / Intra-Union disputes by the LLO or its members. b. Other related labor relations disputes any party-in-interest/individual, not necessarily a union or its member. WHERE to file the complaint: a. If it involves a Labor Federation/National Union with the BLR. b. If it involves an independent union, chartered local, or a workers association with the DOLE Regional Office where such labor organization is registered. APPEAL of the decision: a. Decision of the Med-Arbiter/RD with the BLR, within 10 days from receipt of decision. b. Decision of the Bureau Director with the SOLE, within the same period above. Art. 233. Compromise agreement/settlement. It is a contract where the parties, by making reciprocal concessions, avoid a litigation or put an end to one already commenced. The agreement/settlement will only be valid if: a. It is voluntarily entered in writing by the parties; b. It represents a reasonable settlement of the claims; and c. It is executed with the assistance of the BLR or the DOLE Regional Office. If the above requirements are met, it shall be final and binding upon the parties. Exception: It may be invalidated if the amount received by the complainant is unreasonably lower than what is legally due. More Maritime Agency vs. NLRC, 307 SCRA 198 It is never enough to assert that the parties have voluntarily entered into such a quitclaim. There are other requisites, to wit: a) That there was no fraud or deceit on the part of any of the parties; b) That the consideration of the quitclaim is credible and reasonable; and

c) That the contract is not contrary to law, public order, public policy, morals or good customs or prejudicial to a third person with a right recognized by law. Compromise agreement entered by UNION OFFICERS: Requisites before the laborers right may be affected. 1. It must be authorized by each of its member; and 2. Such authority must be produced as evidence. Quitclaims to renounce or to give up a claim; waiver. This is disfavored by law for it is against public policy. Exception: Such is valid if entered into voluntarily, with full understanding, and represents a reasonable settlement; thus, it must be respected by the courts as a binding law between the parties. Judgment rendered in accordance with a compromise agreement is NOT APPEALABLE, and is IMMEDIATELY EXECUTORY. Exception: A motion to set aside the agreement on the ground of fraud, mistake or duress can be had. If such motion is denied, an appeal can be taken against the order denying such motion.

The NLRC or the regular court may assume jurisdiction if: 1. There is noncompliance thereof; or 2. There is prima facie evidence that the settlement was obtained through fraud, misrepresentation, or coercion. Art. 234. Issuance of subpoenas, at the request of any interested party or at its own initiative. Art. 235. Appointment of bureau personnel by the SOLE. Art. 236. Registry of unions and file of CBA. Such files shall be open and accessible to interested parties under conditions prescribed by the SOLE. Exception: No specific information submitted in confidence shall be disclosed. Exceptions to the exception: i. ii. iii. Authorized by the SOLE; It is an issue in any judicial litigation; or When public interest or national security so requires.

The Bureau/Regional Offices shall act upon the registration of the CBA within 5 calendar days from receipt thereof. Art. 237. Prohibition on CERTIFICATION ELECTION. Certification election is a process whereby all employees in a collective bargaining unit vote among several legitimate labor organization to represent them for collective bargaining. They may also opt not to be represented by a union.

When will a certification election NOT BE HELD: i. Contract Bar Rule - when there is a valid and registered CBA, the existence of such bars the holding of a certification election or any action that may disturb said CBA. Exceptions: In the ff. instances, certification of election can be had despite the existence of a CBA. a. When such is a sweetheart contract, that is, the CBA does not contain the substantial economic benefits for the employees/workers. b. A CBA entered into with a labor union that is not the exclusive bargaining agent in the company premises. c. The petition for certification election is filed within the 60-day freedom period before the expiration of the CBA. d. Contract where the identity of the exclusive bargaining representative is in doubt. e. The CBA entered into between the employer and the union during the pendency of a petition for certification election. ii. iii. 12-month Bar Rule within one year from the date of certification election, counted from the date the results are certified by the DOLE. Deadlock Bar Rule when there is a bargaining deadlock which is being resolved by Voluntary Arbitration. Art. 238. Privileged Communication. Information and statements made at CONCILIATION/MEDIATION PROCEEDINGS shall be treated as privileged communication and shall not be used as evidence in the Commission. Conciliators/Similar officials shall not testify in any court/body regarding any matters taken up at a conciliation proceedings conducted by them. LABOR ORGANIZATIONS Art. 239. Requirements for registration. Common requirements: 1. P50 registration fee; 2. The names and addresses of the officers; 3. The principal address of the labor organization; 4. The minutes of the organizational meetings and the list of workers who participated; 5. Copies of their financial report, if the applicant union has been existing for one year or more; and 6. 4 copies of its CBL, minutes of its adoption/ratification, and the list of the members who participated therein. Additional requirements: a) For an Independent union the names of all its members comprising at least 20% of all the employees of the CBU where it seeks to operate. b) For a Federation/National Union

i. ii. iii.

Proof of the affiliation of at least 10 locals/chapters, each must be the duly recognized SEBA in the establishment/industry where it operates; The names and addresses of the companies where the locals/chapters operate; and The list of all the members in each company involved.

c) For Chartered Local the charter certificate issued by a federation/national union, together with supporting documents evidencing the establishment of such local/chapter, is filed with the DOLE Regional Office. It can be registered even without the 20% minimum membership. Revocation of chartered local by the Federation/National Union Grounds: i. ii. Disloyalty; Other grounds as may be specified in the CBL of the federation/national union.

It is done by serving the local/chapter a verified notice of revocation, copy furnished the BLR. Effects of revocation: i. ii. iii. iv. The revocation will divest the chartered local of its legal personality upon receipt of notice by the BLR. The rights and privileges granted to them as a legitimate labor organization ceases. It cannot file a petition for certification election. Neither can it bargain with the employer nor stage a strike. The remedy of the chapter is to obtain independent registration for them to acquire their own legal personality. Upon the issuance of the certificate of registration by the DOLE, the said applicants shall acquire legal personality and shall be entitled to the rights and privileges granted by law to LLOs. Labor organization a union/association of employees in the private sector, in which as one of its purpose is for collective bargaining concerning wages, hours of work and other terms and conditions of employment. Legitimate Labor Organization any labor organization in the private sector which is registered with the DOLE. a) Independent Union a union which obtained registration through their own independent action; thus, acquiring a legal personality of its own. b) Affiliate an independent union which affiliated itself with a federation/national union. Procedures for affiliation: i. ii. iii. The independent union submits proposed affiliation to its members; If majority votes affirmatively, a resolution/request to affiliate is presented to the chosen federation/national union; If the federation/national union accepts the resolution/request, it offers a contract of affiliation. 5

Thus, the relationship between them is contractual. However, such affiliation does not cause the said independent union to lose its own legal personality. Despite affiliation, it remains the basic Disaffiliation It is not absolutely prohibited but it can be restricted by the contract of affiliation. Example: A certain number of votes may be needed to authorize the disaffiliation or it may refer to the time the disaffiliation may be done, as provided by the contract. c) Chartered Local/Chapter a union recipient of a charter issued by a duly registered federation/national union, where such charter is also registered with the Regional Office or the BLR. It has no legal personality of its own, as contrasted with an independent union. Federations/National Unions one which has at least 10 locals/chapters, where each must be the duly recognized SEBA in the establishment/industry where it operates. Workers Association an association of workers organized for the mutual aid and protection of its members or for any purpose other than collective bargaining. Collective Bargaining Unit a grouping of workers who have common interest in matters that affect their employment. It is the people to be represented by the SEBA in dealing or bargaining with the employer. Sole and Exclusive Bargaining Agent The existence EE-ER relationship is essential for the exercise of the right to organize for purposes of collective bargaining. Where to apply for registration: i. For Independent Unions, Chartered Locals and Workers Association with the Labor Relations Division of DOLE Regional Office where they principally operates. ii. Office. Denial of such application is appealable to the SOLE and from there, to the CA. (if certiorari is justifiable) The Bureau shall act on all applications for registration within 30 days from filing. Art. 246. Grounds for cancellation of union registration. 1. Misrepresentation, false statement or fraud in connection with: a) The adoption or ratification of the CBL or amendments thereto; 6 Denial of such application is appealable to the BLR Director and from there, to the CA. For Federations/National Unions with the BLR, though application is received at the DOLE Regional unit free to serve the common interest of all its members.

b) The minutes of ratification; and c) The list of members who took part in the ratification. 2. Misrepresentation, false statement or fraud in connection with: a) The election of officers; b) The minutes of the election of officers; and c) The list of voters. 3. Voluntary dissolution by the members. Requisites: a) At least 2/3 of the general membership votes are obtained; and b) An application to cancel registration is submitted to the Board, attested by its President. Art. 245. Effect of a PETITION FOR CANCELLATION of union registration. 1. It shall not suspend the proceedings on certification election; and 2. It shall not prevent the filing of a petition for certification election. Effect of cancellation of union registration The union is no longer a legitimate labor organization. Its juridical personality, as well as its statutory rights is suspended. The cancellation, however, does not invalidate an otherwise valid CBA which the union has entered into prior to the cancellation of its certificate. Who may cancel the registration: Any party-in-interest may commence a petition for cancellation of union registration, except in violations of the right and conditions of membership in a labor organization which can be commenced only by the members. An employer may also seek cancellation of a unions registration based on: a) Lack of required documents; b) Unlawful composition of union membership; or c) Lack of 20% support of the bargaining unit. Where to file petition for cancellation i. For Independent Unions, Chartered Locals and Workers Association with the Labor Relations Division of DOLE Regional Office where they principally operates. ii. Order of cancellation is appealable to the BLR Director and from there, to the CA. Order of cancellation is appealable to the SOLE and from there, to the CA. (if certiorari is justifiable) Notes: Substitutionary Doctrine employees cannot revoke the validly executed CBA with their employer by changing their SEBA. If ever there will be a new SEBA in the midst of the existence of a CBA negotiated by a prior SEBA, said CBA must be respected by the former up to its expiration date. For Federations/National Unions with the BLR.

Merging of rank-and-file employees and supervisors in one CBU is not a ground for cancellation of the registration but the supervisors are deemed excluded.