TO FORM A UNION
a. Unorganized Establishment –at least 20% of all the employees in the bargaining unit.
b. Organized Establishment –at least 20% of all the employees in the bargaining unit.
TO REGISTER A UNION
a. Unorganized Establishment
- Constitution and by-laws
- Annual Financial Report (if in existence for more than 1 year)
- Principal Address of Union
- Officers’ names and addresses
- Registration fee of Php 50
- Names of Workers Constituting 20% of the appropriate bargaining unit
b. Organized Establishment
- Constitution and by-laws
- Annual Financial Report (if in existence for more than 1 year)
- Principal Address of Union
- Officers’ names and addresses
- Registration fee of Php 50
- Names of Workers Constituting 20% of the appropriate bargaining unit
REPRESENTATION ISSUE
Art. 256. Representation issue in organized establishments. — In organized
establishments, when a verified petition questioning the majority status of the incumbent
bargaining agent is filed before the Department of Labor and Employment within the sixty-day
period before the expiration of the collective bargaining agreement, the Med-Arbiter shall
automatically order an election by secret ballot when the verified petition is supported by the
written consent of at least twenty-five (25%) percent of all the employees in the bargaining unit
to ascertain the will of the employees in the appropriate bargaining unit. . . .
CONSENT ELECTION – means the election voluntarily agreed upon by the parties to determine
the issue of majority representation of all the workers in the appropriate collective bargaining
unit.
BY-STANDER RULE – According to the Supreme Court, the employer’s role in a certification
election is that of a mere by-stander, as the choice of a collective bargaining agent is the sole
concern of the employees. The employer has no legal standing in a certification election as it
cannot oppose the petition or appeal the orders related thereto. While employers may rightfully
be notified or informed of petitions of such nature, they should not be considered parties with
the concomitant right to oppose it. Otherwise stated, the employer has no material interest to
assail the certification election and cannot be considered a party with an inalienable right to
oppose it.
- E: employer files for a petition for C.E.
VALID RUN-OFF ELECTION – when an election which provides for 3 or more choices results in no
choice receiving a majority of the valid votes cast, a run-off election shall be conducted between
the labor unions receiving the 2 highest number of votes.
a. Requisites:
- There was a valid Certification Election;
- There were at least 3 choices;
- None of the choices received majority of the valid votes;
- Run-off is for Unions only. “No Union” is eliminated.
- Total number of votes of all contending unions is at least 50% of the total votes cast.
CONTRACT BAR RULE - a certification election cannot be held if there is in force and in effect a
collective bargaining agreement that has been duly registered with the Department of Labor and
Employment except during the freedom period of such CBA which is the 60-day period prior to
the expiry date of said CBA.
SUBSTITUTIONARY DOCTRINE – principle in labor law stating that even the effectivity of a CBA,
the employee can change the SEBA but the contract continues to bind them.
CLOSE SHOP – is a form of union security. The employer agrees to hire union members only.
Further, these employees must remain members of the union at all times in order to remain
employed.
SURFACE BARGAINING – going through the motions of negotiating without any legal intent to
reach an agreement. (Standard Chartered Bank vs Confesor)
BOULWARISM – Take-it or leave it style in bargaining
WILD CAT STRIKE – is a strike action undertaken by unionized workers without union leadership's
authorization, support, or approval.
YELLOW DOG CONTRACT – is an agreement between an employer and an employee in which the
employee agrees, as a condition of employment, not to be a member of a labor union.
FEATHER BEDDING – the practice of hiring more workers than are needed to perform a given job,
or to adopt work procedures which appear pointless, complex and time-consuming merely to
employ additional workers.
CONTRACT BAR RULE – The 5 year representation status acquired by an incumbent bargaining
agent shall not be affected by a subsequent collective bargaining agreement executed between
the same bargaining agent and the employer during the same 5 year period.
- E: Freedom Period (60 day period immediately preceding the expiry date of such 5 year
term)
NO STRIKE CLAUSE – GR: Not allowed ; E: Only allowed in economic issue but not in political issue.
RUNAWAY SHOP – it is unlawful for an employer to relocate to a non-union facility solely to avoid
its employees’ decision to unionize.
- Remedy: runaway strike
ELECTION OF UNION
INTRA UNION