- Policy: a.

To promote & emphasize the primacy of free collective

bargaining & negotiations, including voluntary arbitration, mediation
& conciliation, as modes of settling labor or industrial disputes; b.
To promote free trade unionism as an instrument for the
enhancement of democracy & the promotion of social justice &
development; c. To foster the free & voluntary organization of a
strong & united labor movement; d. To promote the enlightenment
of workers concerning their rights & obligations as union members
& as employees; e. To provide an adequate administrative
machinery for the expeditious settlement of labor or industrial
disputes; f. To ensure a stable but dynamic & just industrial peace;
g. To ensure the participation of workers in decision & policymaking processes affecting their rights, duties and welfare. B. To
encourage a truly democratic method of regulating the relations
between the employers and employees by means of agreements
freely entered into through collective bargaining.
- "Employee" includes any person in the employ of an employer. It
shall include any individual whose work has ceased as a result of
or in connection with any current labor dispute or because of any
unfair labor practice if he has not obtained any other substantially
equivalent and regular employment.
"Labor organization" means any union or association of employees
which exists in whole or in part
for the purpose of collective bargaining or of dealing with employers
concerning terms and conditins of employment// Workers Assoc:
mutual aid & protection of its members and other legit purpose
except Coll Bar.
- "Managerial employee" is one who is vested with the powers or
prerogatives to lay down and
execute management policies and/or to hire, transfer, suspend, layoff, recall, discharge, assign or discipline employees. Supervisory
employees are those who, in the interest of the employer,
effectively recommend such managerial actions if the exercise of
such authority is not merely routinary or clerical in nature but
requires the use of independent judgment. All employees not falling
within any of the above definitions are considered rank-and-file
employees
ART 3 (8) the right of the people, including those employed in the
public and private sectors, to form unions, associations, or societies
for purposes not contrary to law shall not be abridged.
COVERAGE LO: All persons employed in commercial, industrial
and agricultural enterprises and in religious, charitable, medical, or
educational institutions, whether operating for profit or not// WA:
Ambulant, intermittent and itinerant workers, self- employed people,
rural workers and those without any definite employers.
- Not allowed: Managers, employees of govt branches,
subdivisions, instumentalities & agencies, gocc w/ original charter,
members -employees of cooperatives, AFP police firemen jail
guards, confidential employees ( assists in a confidential capacity
to persons who formulate, determine & effectuate mgt policies in
the field of Labrel)
- Freedom of Religion is superior to contract rights.
- while govt employees not accorded the right to strike and the right
to bargain collectively. Reason: the terms and conditions of
employment are governed by law, only congress can modify.
Alien: Valid working permit & nationals of a country which grants
similar rights as certified by DFA
Qualified: 1st day of work
Test if manager stats w/n the employee posses authority to act in
the interest of his employer and whether such authority is not
merely routinary or clerical in character bur requires the use of
independent judgment.
Affiliation of S union and R union in one federation will be
disallowed only When the rank-and-file employees are directly
under the authority of supervisory employees 2. When the national
federation is actively involved in union activities in the company
a. NATIONAL or FEDERATION- is a mother labor organization with
atleast 10 locals/chapters or affiliates.
b. LOCAL UNION- operating at the enterprise level.
c. CHARTERED LOCAL-labor organization without an independent
registration whose legal personality is derived from its mother union
or federation upon issuance of a
certificate of creation of chartered local.
d. AFFLIATE- independent registered union attached to a national
union or federation.
e. INDEPENDENT UNION- operating at the enterprise level that
acquired legal personality through independent registration and is
not affiliated with a national union or federation.
f. INDUSTRIAL UNION- composed of workers in a particular
industry.
g. CRAFT UNION- composed of workers engaged in aparticular
trade or occupation of a kind that requires skill and training.
h. COMPANY- TYPE UNION- composed of employees in the same
company.
i. COMPANY UNION- the formation, function or administration of
which has been assisted by any act defined as ULP.
BLR policy making, inter-union and intra- union conflicts,
registration and cancellation of registration of labor organizations./
can issue subpoena
Compromise: A contract whereby the parties by making reciprocal
concessions, avoid a litigation or put an end to one already
commenced, conclusive and binding even if it is not judicially
approved. - NLRC or any court shall not assume jurisdiction except
in case of non- compliance thereof or if there is prima facie
evidence that the settlement was obtained through fraud,
misrepresentation, or coercion.
CBA - registration: within 30 days, submit: Cba;(b) Statement that
the cba was posted in at least two (2) conspicuous places in the
establishment for at least (5) days before its ratification; and (c)
Statement that the cba was ratified by the majority of the
employees in the bargaining unit./ denied? Refile if incomplete
requirements. Appeal if other grounds (10 days
Contract bar -- not entertain any petition for certification election or
any other action which may disturb the administration of duly
registered existing collective bargaining agreements// E: Those
entered into with a LO not certified as the sole and exclusive
collective bargaining representative but merely accorded voluntary
recognition by the (b) not duly registered c. Those which are
incomplete do not provide for economic benefits to employees.(d)
Those hastily entered into prior to or during the sixty-day freedom
period.(e) Those which can no longer foster industrial peace and
stability because of the schism in the union.
LABOR ORGANIZATION - REGISTER to acquire legal personality
and enjoy the following rights & priv
Reg Req: Application for registration name of the applicant labor
union, its principal address
the name of its officers and their respective addresses;
approximate number of employees in the bargaining unit where it
seeks to operate, with a statement that it is not reported as a
chartered local of any federation or national union; the minutes of
the organizational meeting(s) and the list of employees who
participated in the said meeting(s); the name of all its members
comprising at least 20% of the employees in the bargaining unit;
the annual financial reports if the applicant has been in existence
for one or more years, unless it has not collected any amount from
the members, in which case a statement to this effect shall be
included in the application; the applicants constitution and by-laws,
minutes of its adoption or ratification, and the list of the members
who participated in it. The list of ratifying members shall be
dispensed with where the constitution and by-laws was ratified or
adopted during the organizational meeting.
- Bir to act w/in 30 days: REQUIRED: certificate under oath by the
Sec or Treasurer of the org. & attested by the pres/// appeal of
denial 10 days. Grounds for denial -- Falsification or serious
irregularities in the application for registration or its supporting
documents; (b) Non-compliance with the requirements for
registration, particularly the certification and attestation
requirements; or (c) Failure to complete the registration
requirements within thirty (30) days from notice
Disaffiliation: GR: during freedom period; E: substantial shift of
allegiance on the majority of the members of the union
G. cancellation of Union registration: 1. Misrepresentation, false
statements or fraud in connection with the adoption or ratification of
the constitution and by-laws or amendments, the mins of ratification
and the list of members who took part in the ratification. 2.
Misrepresentation, false statements or fraud in connection with the

election of officers, mins of the election and the list of voters 3.

Voluntary dissolution by the members
Voluntary cancellation of registration by the org itself 2/3 of its
general membership votes in a meeting duly called for that purpose
to dissolve the organization, provided that the application to cancel
reg is submitted by the board, attested to by the president.// pet for
cancellection only direct attack; appeal 10 days
++RIGHTS OF UNION MEMBERS
Political right - the right to vote and be voted for, subject to lawful
provisions on qualifications and disqualifications.
Deliberative and Decision-Making Right - the right to participate in
deliberations on major policy questions and decide them by secret
ballot.
Rights Over Money Matters - against imposition of excessive fees;
right against unauthorized collection of contributions or
unauthorized disbursements; to require adequate records of
income and expenses; to access financial records; to vote on
officers compensation; to vote on special assessment; to be
deducted a special assessment only with the members written
authorization.
Right to Information - the right to be informed about: the
organizations constitution and by- laws, the collective bargaining
agreement, and labor laws.
- prohibition to admit : Subversives or those engaged in subversive
activities
- no levy of special assessment without written resolution, passed
by majority in a general membership meeting, mins of the meeting
including list of all members present, votes cast and the purpose of
the special assessment should be recorded by the Sec of the LO,
record attested by the pres.
- qualifications of officers: employee, member in good standing in
LO, not been convicted of a crime involving moral turpitude
- election: secret ballot, interval of 5 years, only union members are
qualified to vote; eligibility may be determined through the use of
the applicable payroll period and the employees status during the
appli pay period; no call for new election dole intervention needed
send petition for the conduct of elec off offivcers @ least 30%
members
- expulsion of union officers: violation of the above rights and
conditions of membership in an LO b. Commission of irregularities
in the approval of the resolution regarding compensation of union
officers. c. Membership in another labor organization. d. Culpable
violation of the constitution and by-laws of the union. (BLR has the
power to expel or remove union officer)
TREASURER to render accounting- 30 days after the close of its
fiscal
year. b. At such other times as may be required by a written
resolution of the majority of the members c. Upon vacating his
office// request for examination: written consent 20% submit to blr
or RO//Petitions for accounting/ audit of union finds arising from
mishandling, misappropriation or non- accounting shall be resolved
by the Med- Arbiter. supported by the written consent of at least
30% or by any member concerned
prescription: 3 years form submission of annual F reports.
RIGHTS OF LLOto Act as Collective Bargaining Representative,
to Request for Audited Financial Statements, to sue and be sued,
tax exemption, to own property, to undertake all other activites
designed for the benefit of the org, and its members.
Legal capacity to sue cannot be raised `1st time on appeal. /
actially, directly & exclusively ised for their lawful purpose shall be
tax exempted
ULP - Unfair labor practices violate the constitutional right of
workers and employees to self-organization, are inimical to the
legitimate interests of both labor and management, including their
right to bargain collectively and otherwise deal with each other in
an atmosphere of freedom and mutual respect, disrupt industrial
peace and hinder the promotion of healthy and stable labormanagement relations.
Consequently, unfair labor practices are not only violations of the
civil rights of both labor and management but are also criminal
offenses/ jurisdiction: labor arbiter / criminal aspect of unfair labor
practice cannot be prosecuted during the pendency of the
administrative proceedings, final judgment in AP not binding in
criminal and cannot be considered evidence of guilt/criminal
liability: upon officer, agentse members who participated in ULP/
SUBSTANTIAL evid.
ULP EMPLYER -to interfere with, restrain or coerce employees in
the exercise of their right to self-organization;
b. To require as a condition of employment that a person or an
employee shall not join a labor organization or shall withdraw from
one to which he belongs; c. To contract out services or functions
being performed by union members when such will interfere with,
restrain or coerce employees in the exercise of their rights to selforganization; d. To initiate, dominate, assist or otherwise interfere
with the formation or administration of any labor organization,
including the giving of financial or other support to it or its
organizers or supporters; e. To discriminate in regard to wages,
hours of work and other terms and conditions of employment in
order to encourage or discourage membership in any labor
organization. f. To dismiss, discharge or otherwise prejudice or
discriminate against an employee for having given or being about
to give testimony g. To violate the duty to bargain collectively. h. To
pay negotiation or attorneys fees to the union or its officers or
agents as part of the settlement of any issue in collective
bargaining or any other dispute; or i. To violate a collective
bargaining agreement.
TOTALITY OF CONDUCT DOCTRINE
The culpability of an employers remarks are to be evaluated not
only on the basis of their implicit implications, but should be
appraised against the background of and in conjunction with
collateral circumstance
- Complaint for ULP company union: prejudicial Question;
DISESTABLISHMENT order requiring an employer to withdraw its
recognition of a company-dominated union as the employees
collective bargaining agent and notice to employees af such
- duty to bargain collectively -mutual obligation to meet and
convene promptly and expeditiously in good faith for the purpose of
negotiating a cba, includes to not terminate or modify cba during its
lifetime except: 60 days written notice to terminate, also parties
must keep the status quo and continue in full force and effect the
terms and conditions of the existing agreement during the 60-day
period and/or until a new agreement is reached
sample violations of DUTY surface barg no intent to reach
agreement; Blue Sky impossible proposals; take it or leave it.
- union security agreements: CLOSED SHOP
o The employer binds himself to hire only members of the
contracting union who must continue to remain members in good
standing to keep their jobs
UNION SHOP allowed to hire non-members of the contracting
union on condition that they should join the contracting union within
a specified period of time and must continue to remain members in
good standing to keep their jobs; MAINTENANCE OF
MEMBERSHIP those who are members of the contracting union at
the time of the execution of the collective bargaining agreement to
maintain their membership in good standing during the lifetime of
the cba as a condition of continued employment; AGENCY SHOP
Does not require union membership but only support from the
employees within the bargaining unit in the form of agency fees, as
a condition of continued employment; PREFERENTIAL HIRING
The members of the contracting union are given
- limitations Close Shop cannot be enforced 1. Employees who are
already members of another union at the time
of the signing of the collective bargaining agreement 2. Employees
whom the union refused admission to membership without any
reasonable ground therefor 3. Employees who are members of
religious sects which prohibit their members from joining a labor
organization
ULP LO To restrain or coerce employees in the exercise of
their rights to self-organization. However, a labor organization shall
have the right to prescribe its own rules with respect to the
acquisition or retention of membership.(b) To cause or attempt to
cause an employer to discriminate against an employee, (c) To
violate the duty, or refuse to bargain collectively with the employer,
(d) To cause or attempt to cause an employer to pay or deliver or
agree to pay or deliver any money or other things of value, in the
nature of an exaction, for services which are not performed,

including the demand for fee for union negotiations (f) To violate a
CBA MUST be gross in character, malicious refusal to comply
witht eh economic provisions of the cba
THE CBA - is a contract by and between an employer and the
collective bargaining representative of the employees within an
appropriate bargaining unit, concerning wages, hours of work, and
all other terms and conditions of employment./ binding to ALL
employees in CBunit whether union or not
-process: The CB process technically starts when the employees
within an appropriate bargaining unit organize themselves into a
LO. After obtaining registration with the DOLE, LO either requests
the employer for voluntary recognition or files a petition for
certification election. After, the LO serves its written proposals to
the employer, after which the employer submits its written
counterproposals within 10 days from receipt of the proposals.
(majority rep, empee recognition, demand to bargain)
- Elements of duty to bargain 1. LLO, 2. Employees of employer,
chosen by majority w.in bargaining unit
HOLD over P - In the absence of a new CBA, the parties must
maintain the status quo and must continue in full force and effect
the terms and conditions of the existing agreement until a new
agreement is reached.
TERM 5 years from date of effectivity; majority status of CBAgent
cant be challenge except in freedom period; renegotiation not later
than 3 Years; w/in 6 months from expiry retroact to day following
expiry, after 6 months their discretion, deadlock & arbitration date
of final decision.
INJUNCTION: only issued - in case of actual or threatened
commission of any prohibited or unlawful acts, or when necessary
to require the 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 favour of
such party; (BY NLRC ordinary & prohibited acts)
-In case of a labor dispute causing or likely to cause a strike or
lockout in an industry indispensable to national interest. BY: SOLE
Right of EEs to participate in Policy and Decision-Making extends
only to matters that directly affect their rights, benefits and welfare
exercised through LABOR MGT COUNCIL
CBU refers to a group of EEs sharing substantial mutual interests
within a given ER unit, comprised of all or less than all the entire
body of EEs in the ER unit or any specific occupational or
geographical grouping within such ER unit
Globe D. the express will or desire of the ees may be considered in
determining the appropriate cbu sanctions elections
Community of interest rule the proper bu may be fixed on the
basis of the affinity & unity of the ees interest
Similarity of Employment Status R: parepareho sila contractual or
probationary
CBA agent: determined through voluntary recog, cert elec (through
secret ballot, done through order of dole or agreement of parties
consent elec., run off elec (cert elec has at leasr 3 choice, no
majority, total # of votes @ least 50%, no challenged ballots which
can materially alter results.. elec the 2 unions receiving highest
votes)
Substitutionary D - EEs may change their CBAgent, but the CBA
continues to bind them up to the expiration date.
CERT ELEC. file petition @ dole by LLo or EE when it is requested
by an LLo to bargain collectively; when? No reg cba anytime, w/
cba freedom period
-labor unions w/ substantial interestintervene file w. med arbiter
BY STANDER Principle employer maintain a hands of policy in a
certification proceeding except! When its him who petitions or
evokes valid defense lack of ee relationship, lack legal
personality, 25% written consent (before dismiss; after medA
discretion), inappropriate bunit, contract bar, voluntary recognition
bar, election bar, nego bar & deadlock bar
VR BAR - Voluntary recognition duly entered in the roster of
legitimate labor organization shall bar the filing of a petition for
certification election for a period of 1 year
Election year bar - No petition for certification election may be filed
within one (1) year from the date of a valid
Nego Bar - No representation question may be entertained if, within
the one-year period from the date of entry of voluntary recognition,
certification election, or run-off election, the duly recognized or
certified union has commenced negotiations with the employer
Dead Lock Bar - No representation question may be entertained if,
before the filing of a petition for certification election, a bargaining
deadlock to which an incumbent or certified bargaining agent is a
party, had been submitted to conciliation or arbitration or had
become the subject of a valid notice of strike or lockout
Election protest party in interest file 5 days after close of elec.;
failure of elec less than majority voted;
Pet elec dismissed unorganized Est Appeal SOLE 10 days;
decide 15// granting not appealable except: lack ee rel, legal
personality, improper composition bu.//// Organized E. Appeal sole
10 days effect stays holding of a CElec.