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PROCEDURE FOR REGISTRATION OF LABOR ORGANIZATION

Where to file

Regional Office

labor union

Bureau

(Action within 10 days from receipt of application)

Approval
- Issuance of certificate of
registration

Denial
Ground: Failure to comply with
requirements

Regional Office in case of


applications for registration of
independent unions.
Applications for registration of
federations, national unions or
workers association operating in
more that one region shall be filed
with the Bureau or Regional Offices
but shall be processed by the
Bureau.
A duly-registered federation or
national union may directly create a
chartered local by submitting the
required documents (See Annex A)
to the Regional Office. (DO 40-B-03)

If the documents submitted are


incomplete or do not contain the required
certification and attestation, The
Regional Office should notify the
applicant in writing within 5 days from
receipt of application.
The applicant must be given 30 days
from notice to complete the requirements
If applicant fails to complete the
requirements within 30 days, the
application shall be denied.

DENIAL BY:

Regional Office
(transmit records
within 24 hours from
receipt of Memo of
Appeal)

Bureau
(decision within 20
days from receipt of
records)

Supreme Court
Rule 65

APPEAL BY MEMO OF APPEAL


WITHIN
10 DAYS FROM RECEIPT OF NOTICE

GROUNDS:
1. Grave abuse of discretion;
2. Violation of rules as amended

Bureau
(transmit
records
within 24 hours from
receipt of Memo of
Appeal)

Secretary of DOLE
(decision within 20
days from receipt of
records)

Supreme Court
Rule 65

PROCEDURE FOR CANCELLATION OF REGISTRATION OF LABOR ORGANIZATIONS

Any party-in-interest may commence


a petition for cancellation

Members of labor
organization for actions
involving violations of Art.
241

File independent complaint


or petition for cancellation
based on the grounds

Bureau Director in case of


federations, national or
industry unions and trade
union centers

Regional Director in case of


independent labor union,
chartered local and
workers' association

GROUNDS:
a. Misrepresentation, false statement
or fraud in connection with the
adoption or ratification of the
constitution and by-laws or
amendments thereto, the minutes of
ratification, the list of members who
took part in the ratification of the
constitution and by-laws or
amendments thereto, the minutes of
ratification, the list of members who
took part in the ratification;
b. Failure to submit the documents
mentioned in the preceding
paragraph within thirty (30) days
from adoption or ratification of the
constitution and by-laws or
amendments thereto;
c. Misrepresentation, false statements
or fraud in connection with the
election of officers, minutes of the
election of officers, the list of voters,
failure to submit these documents
together with the list of the newly
elected or appointed officers and
their postal address within thirty (30)
days from election;
d. Failure to submit the annual
financial report to the Bureau within
thirty (30) days after the close of
C
every fiscal year and
misrepresentation, false entries or
fraud in the preparation of the
financial report;

e.

Notice and Due Process


f.

Resolved by Regional
Director like the procedure
of Inter/Intra-Union Disputes
(Rule XI)

g.

h.

i.

j.

k.

Acting as a labor contractor or


engaging in the "cabo" system, or
otherwise engaging in any activity
prohibited by law;
Entering into collective bargaining
agreements which provide for terms
and conditions of employment
below minimum standards
established by law;
Commission of any of the acts
enumerated under Article 241 of the
Labor Code; provided that no
petition for cancellation based on
this ground may be granted unless
supported by at least thirty (30%)
percent of all the members of the
respondent labor organization;
Asking for or accepting attorney's
fees or negotiation fees from the
employer;
Other than for mandatory activities
under the Labor Code, checking off
special assessments or any other
fees without duly signed individual
written authorizations of the
members;
Failure to submit list of individual
members to the Bureau once a year
or whenever required by the
Bureau;
Failure to comply with the
requirements of registration
prescribed under Rules III and IV

CANCELLATION OF REGISTRATION OF LABOR ORGANIZATIONS DUE TO NON-COMPLIANCE WITH THE


REPORTORIAL REQUIREMENTS

Labor Relations Division of the


Regional Office or the Bureau
a) on its own initiative
b) upon complaint filed by
any party-in-interest

Conditions for administrative


cancellation:
(a) Non-compliance is for a continuous
period of five (5) years;
(b) The procedures laid down in this
Rule were complied with; and
(c) The labor organization concerned
has not responded to any of the
notices sent by the Bureau, or its
notices were returned unclaimed.

Make a report of the labor


organizations non-compliance

Submit to the Bureau for


verification of records

Bureau shall send a notice for compliance


by registered mail with return card to the
labor organization concerned
Within 10
days from
receipt

Comply with the reportorial


requirements and submit proof
thereof to the Bureau

30 days from release of notice

No response from labor


organization
No response within

30 days from release of 2nd notice

Bureau shall cause publication


of the notice of cancellation in
2 newspapers of general
circulation

Bureau may conduct investigation:


1) employers premises; and
2) labor organizations last
known address

Bureau has verified the dissolution of


the labor organization

No response w/in 30 days from


date of publication

ELECTIONS UNDER RULE 12 OF THE IMPLEMENTING RULES

President of the labor


organization shall constitute a
committee on election

Within 60 days before the


expiration of the term of the incumbent

Committee shall elect its


Chairman

Committee shall exercise its powers 10 days


from its constitution
1) set the date, time and venue of the
election;
2) prescribe the rules on the qualification
and eligibility of candidates and voters;
3) prepare and post the voters list and the
list of qualified candidates;
4) accredit the authorized representatives of
the contending parties;
5) supervise the actual conduct of the
election and canvass the votes to ensure
the sanctity of the ballot;
6) keep minutes of the proceedings;
7) be the final arbiter of all election protests;
8) proclaim the winners; and
9) prescribe such other rules as may
facilitate the orderly conduct of election.

at least 30% of the members of the labor


organization may file a petition for conduct of
election of union officers with the Regional Office
if 1. Terms of officers have expired and officer
failed to call for election of new officers, or 2.
Labor organizations constitution and by-laws do
not provide for the manner by which election can
be called or conducted.
Petition to be heard by Bureau in case of
federations, national or industry unions, trade
union centers.

Committee composed of
at least three (3)
members who are not
running for any position in
the election.
if there are identifiable
parties within the labor
organization, each party
shall have equal
representation in the
committee

Formal requirements, processes


and periods of disposition of this
disposition is the same as those
stated in Rule XI of DO 40-03
Inter/Intra Union Dispute.
Appointment of an election officer
and procedures and periods in
conduct of pre-election conference
and election proceedings under
Rule IX Conduct of Certification
Election will also apply here.

BARGAINING PROCEDURE UNDER THE LABOR CODE (ART. 250)


Serve written notice with
statement of proposals upon
the other party.

Reply not later than 10 days from receipt


Reply of other party
If differences arise on the basis of
notice and reply
Conference

If the dispute is not settled.


Board shall intervene, call
parties to conciliation
meetings

The recognized or certified labor union


and its employer may adopt such
procedures and processes they may
deem appropriate and necessary for
the early termination of their
negotiations.
They shall name their respective
representatives to the negotiation,
schedule the number and frequency of
meetings, and agree on wages,
benefits and other terms and
conditions of work for all employees
covered in the bargaining unit.

Board shall have the power to


issue subpoenas to require
attendance to such meetings.
Board shall exert all efforts to
settle disputes amicably,
encourage parties to submit case
to voluntary arbitrator.
Parties are prohibited from doing
any act which may disrupt or
impede the early settlement of the
disputes.

PETITION FOR CERTIFICATION ELECTION


Who may file?
any legitimate labor
organization
employer, when
requested to bargain
collectively

File petition for


certification election

Raffle

Raffle dispensed with


If there is only 1 Med-arbiter

Service of notice of
preliminary conference

Preliminary Conference

Parties agree to a
consent election

Must be within 10 days from


Receipt of petition

Parties fail to
agree on consent
election

Hearings
Forward records of
petition to Regional
Director/ authorized
representative

within 10 days
from last hearing

First pre-election
conference
Must be within 10 days from
Date of entry of agreement

Decision

may conduct such


number of hearings,
but hearings should
not exceed 15 days
from
preliminary hearing.

Where to file?
with the Regional Office
which issued the
certificate of
registration/certificate of
creation
When to file?
anytime, except:
a. When voluntary
recognition has been
entered, or a valid
certification, consent
or run-off election has
been conducted
within 1 year prior to
the filing.
b. negotiations in good
faith with the
employer
c. bargaining deadlock
had been submitted
to conciliation or
arbitration or had
become the subject
of a valid notice of
strike or lockout.
d. Registered CBA
may file only within
60 days prior to the
expiration of the CBA.

If there is no appeal
Within 10 days from
Receipt of decision,
Med-arbiter shall enter
The finality of the decision
In the records of the case

Grounds for Denying Petition


a. the petitioner is not listed in the Departments registry of legitimate labor unions
or that its legal personality has been revoked or cancelled with finality.
b. the petition was filed before or after the freedom period of a duly registered
collective bargaining agreement; provided that the sixty-day period based on
the original collective bargaining agreement shall not be affected by any
amendment, extension or renewal of the collective bargaining agreement;
c. the petition was filed within one (1) year from entry of voluntary recognition or a
valid certification, consent or run-off election and no appeal is pending;
d. a duly certified union has commenced and sustained negotiations with the
employer within the one-year period referred to in Section 14.c of this Rule, or
the bargaining deadlock existing had been submitted to conciliation or
arbitration or had become the subject of a valid notice of strike or lockout.
e. in case of an organized establishment, failure to submit the twenty-five percent
(25%) support requirement for the filing of the petition for certification election.

Decision

Organized
establishment

Unorganized
establishment

Petition Granted

Petition Denied

Petition Granted

Petition Denied

Non-appealable
File memorandum of appeal
with Regional Office where the
petition originated

within 10 days from receipt of


decision

Regional Director to transmit entire


records within 24 hours from
receipt of appeal to Office of
Secretary

Reply

reply may be filed by any party within 10


days from receipt of memorandum of
appeal.

Secretarys Decision

Secretary shall have 15 days from


receipt of the entire records to
decide
Secretary decision final and
executory within 10 days from
receipt by the parties.
No motion for reconsideration shall
be entertained.
The entire records of the case shall
be remanded to the Regional Office
for implementation within 48 hours
from notice of receipt of decision.

CONDUCT OF CERTIFICATION ELECTION

Receipt of notice of entry of final


judgment granting the conduct of
certification election
24 hours
Regional Director shall cause the
raffle of the case to an Election
Officer
24 hours from receipt of the assignment
Failure to appear in the preelection conference
considered a waiver of right
to question any agreement
in the pre-election
conference. But nonappearing party retains the
right to be given notices of
subsequent pre-election
conferences

Election Officer shall cause the


issuance of notice of pre-election
conference upon the contending
unions and the employer

Pre-election conference

Posting of Notices:
at least 10 days before
election.
2 most conspicuous
places in company
premises
Contents:
1. date and time of election
2. names of all contending
unions
3. description of the
bargaining unit, list of
eligible and challenged
voters

Failure of Election
when the votes cast is less
than the majority of the
eligible voters, and there
are no material challenged
votes.
Another certification or
consent election may be
held within 6 months.

Must be within 10 days from receipt of


the assignment
Must be completed within 3 days from
date of the first hearing

Certification Election

Must not be later than 45 days from


date of the first pre-election
conference

Election precincts
close

the election precincts shall open and


close on the date and time agreed
upon during the pre-election
conference.

Canvass of votes

the opening and canvass shall


proceed immediately after the
precincts have closed.

Transmit records of the case to


Med-arbiter. Med-arbiter shall
issue an order proclaiming the
results of the election.

The proclamation must be under any


of the ff. conditions:
1. no protest was filed or, even if
one was filed, the same was not
perfected within the five-day
period for perfection of the
protest.
2. no challenge or eligibility issue
was raised or, even if one was
raised, the resolution of the same
will not materially change the
results of the elections.

PROCEDURE IN HANDLING GRIEVANCES

Present grievance to
shop steward

Based on DO 40-03
This will apply only in the
absence of a provision in the
CBA or existing company
policy.

Immediate supervisor
No settlement
Grievance Committee
Still unresolved
Either party may serve
notice upon the other of
its decision to submit to
voluntary arbitration
If the party upon whom the notice is
served fails or refuses to respond
favorable within 7 days from receipt:
1. Designated voluntary arbitrator or
panel shall begin voluntary
arbitration proceedings, or
2. Board shall call the parties and
appoint a voluntary arbitrator or
panel.

10 days
Grievance
committee decision

INTER/INTRA-UNION DISPUTE & OTHER RELATED LABOR RELATIONS DISPUTES


File complaint or petition

Raffle

Raffle is dispensed with if there is only one Medarbiter or Hearing Officer in the Region

Petition shall be
transmitted to Medarbiter
Within 3 days from receipt
Of petition
Prepare, cause service of notice
of preliminary conference upon
the party filing the petition.

Med-arbiter shall cause the


service of summons upon the
respondents.

Preliminary conference

Parties agree to amicable


settlement

Decision based on the


amicable settlement within 5
days from preliminary
conference.

within 10 days from receipt of the complaint or


petition

No amicable settlement

Proceed with stipulation of facts,


limitation of issues, clarificatory
questioning, submission of laws
and jurisprudence

Hearing/s

Bureau/Med-arbiter must
Decide within 20 days
From last hearing

Decision

limited to clarificatory questions


by Med-arbiter
deemed submitted for decision
after the last hearing or upon
expiration of 25 days from
preliminary conference,
whichever comes first. (max of
25 days to conduct hearings)

Who may file?


any legitimate labor
organization or its members
any party-in-interest
if the issue involves the entire
membership of the labor
organization, complaint must
be supported by 30% of
members.

Where to file?
1. Regional Office which issued certificate of registration/creation
- complaints involving labor unions with independent registration, chartered
locals, workers association, its officer/members.
2. Bureau
- involving federations, national unions, industry unions, its
officers/members.
3. Regional Director
- petitions for cancellation of registration of labor unions, petitions for
deregistration of CBA
4. Med-arbiter
- other inter/intra union disputes and other related labor relations disputes

Med-arbiter/ Regional
Director Decision

Bureau Director
Decision

Must appeal within 10


days from receipt of decision
Bureau Director

Office of the Secretary


May call parties to a clarificatory hearing

Bureau Director Decision

Must decide within 20 days


From receipt of records

Office of DOLE Secretary


Decision

Final and executory


If there is no appeal with 10 days
Bureau Director
Decision Final and
Executory

Only 1 MR allowed

Office of Secretary
Decision Final and
Executory

Records remanded to the


Regional Office or Bureau of origin
For implementation within 24 hours
From receipt of decision by the parties
and finality of decision

Execution of Decision
Med-arbiter and Regional Director Decision,
or Bureau Decision, in the exercise of its
original jurisdiction automatically stayed
pending appeal.
Bureau Decision, Office of Secretary
Decision in exercise of its appellate
jurisdiction immediately executory upon entry
of final judgment.