Labor 2 Midterms

Central Rights
1. Right to Organize
2. Right to Bargain Collectively
Constitutional Basis:
Art. 2/ Sec. 10: promote social justice
Art. 2/ Sec. 18: recognize labor as a primary social economic force
Art. 3/ Sec. 8: right to association
Civil Code:
Art. 1700: capital and labor are not merely contractual
- They concern public interest
- Thy must be subject to special laws
Art. 1702: interpretation always in favour of labourer (in case of doubt)
- Statutory construction: regarding laws on social legislation
NCMB: National Conciliation and Mediation Board
- Formed in 1950
- Considered by Calleja as excess fat
Its really unnecessary and its too big of an office
The basis of its creation was only an event (i.e. wildcat strikes back then)
Unless theres another political upheaval, its useless
Being Militant:
- Theres nothing wrong with being militant, in fact, if we were militant, we wouldnt be
where we are right now, pertaining to being wary and alert on our rights
Right to self-organization:
Remember, to bargain, you must organize first validly.
Who may organize?
As a general rule, all workers have the right to organize.
Except:
1. Contractuals
Their salaries are given by the agency and not the contractor
They can organize but under the employment of the agency
These contractuals can claim from those who they work for. (most likely under the
contractor)
2. Managerial
3. Confidential

4. Members of Coop and at the same time theyre employees of the co-op.
5. Employees of international organizations registered with the UN.
Test to determine employment:
TEST: whether or not the functions one perform are necessary and desirable for the business. If
yes, theyre employees.
CLOSED SHOP AGREEMENT: all employees of the company must be members of the union
- Its provided for in the CBA
- Note: unionism > right to security of tenure
So if you refuse to be a member, you can get sacked.
See case of BPI v BPI EA DAVAO
Levels of employees
Note: defined by actual duties, not by title.
Managerial (has the power to hire and fire; cant organize)
Supervisorial (can only make recommendations, can organize separately)
Rank and File (can organize)
TEST to determine whether or not you can be under 1 union:
- WHETHER or not there is commonality of interest.
Note: RA 6715
This law separated the levels of managerial and supervisorial
CONFIDENTIAL EMPLOYEES
- Those who act in a confidential capacity, those who effectuate policies
Such as those who deal with discipline
Such as those who are entrusted with delicate matters
Such as those who are entrusted with case of property.
SECURITY GUARDS
- Previously, Security guards cannot join the rank and file employees union
- Now, they can join union of R&F or managerials (as the case may be)
TYPES OF EMPOYEES (LC 252)
A. Private Sector
1. Those with definite employers

 Having an employer is a condition sine qua non to organizing

Doesnt matter if its for profit or not
Example would be the bankeros of Pangasinan. They want to organize themselves,
and allege that the resort is their employer, but unfortunately, theres no employeremployee relationship.
2. Those without definite employers
Referring to ambulant/ itinerant/ self-employed/ rurals
B. Public Sector
1. Employed by corp. organized under SEC
Governed by Corp. Code and Labor Code
2. Employed by entities purely performing governmental functions.
Governed by CSC Rules
They have no right to strike
FEDERATION
- It is an organization of at least 10 unions with CBAs
Note: CBA is required in order to be a registered union.
You go to the BLR to have your union or CBA registered.
2 ways to register:
File with BLR
File with DOLE
- Previously, R&F and Supervisory union cannot be under 1 federation, now allowed.
CBAs
Life of a CBA: 5 years (RA 6715)
Life of economic privisions of CBA: 3 years
Life of Political Provisions of CBA: 5 years
After the expiry, CBA can be re-negotiated, (or renewed accdg to Atty Calleja)
FREEDOM PERIOD:
- 60 days before reaching 5th anniversary (before this period, no one can challenge)
- Within this period, anyone can challenge
- Its a free for all
- Before this freedom period its called the contract bar
Remember: registration is important
- What can be done during the freedom period?
a. File petition for certification election
Members may vote (required: 50% +1 of the bargaining unit)

b. Have consent election

AS a rule, you cant challenge outside freedom period
Except: if theres grave/ serious doubt that union can effectively represent you;
If theres overwhelming support for disaffiliation
If theres irreconcilable differences between members of local and another union.
APPEAL IN CASE OF DENIAL
1st: if with Med-Arbiter, you appeal with Office of the Secretary of Labor
2nd: if with regional director, you appeal with the CA
REGISTRATION OF A UNION:
Requirements:
1. There should be an organization
2. There should be minutes of the creation of Constitution and By Laws
Plus signed by all present
3. There should be Constitution and By Laws
Plus its approval and ratification
4. List of participants in the voting
5. Complete records of officers (those elected)
6. Payment of registration fee.
Note: after registration, CBA must be negotiated within 1 year, if not, any other body can
challenge it. (challenge to be the exclusive bargaining agent)
CANCELLATION OF REGISTRATION:
1. Misrepresentation, false statement, fraud in the minutes, list of attendees, by laws,
election, list of voters.
2. Voluntary dissolution
How does a union attain status of certified/ exclusive bargaining unit?
- Voluntary recognition (this happens if theres only 1 union present)
- The voluntary recognition must be registered with the BLR
- This is important because it gives you the exclusive right to bargain.