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Where to file
Regional Office
Bureau
labor union
Approval
- Issuance of certificate of
registration
Denial
Ground: Failure to comply with
requirements
DENIAL BY:
Regional Office
(transmit records
within 24 hours from
receipt of Memo of
Appeal)
GROUNDS:
1. Grave abuse of discretion;
2. Violation of rules as amended
Bureau
(decision within 20
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records)
Supreme Court
Rule 65
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
Members of labor
organization for actions
involving violations of Art.
241
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 QuickTime
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thirty (30) days after the close of
every fiscal year and
misrepresentation, false entries or
fraud in the preparation of the
financial report;
e.
Resolved by Regional
Director like the procedure
of Inter/Intra-Union Disputes
(Rule XI)
g.
h.
i.
j.
k.
No response within
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Bureau shall:
1) order cancellation of registration
2) cause its de-listing from the roster of
legitimate labor organizations
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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
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Raffle
Service of notice of
preliminary conference
Preliminary Conference
Parties agree to a
consent election
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
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
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
Reply
Secretarys Decision
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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
Certification Election
Election precincts
close
Canvass of votes
Failure of Election
when the votes cast is less
than the majority of the
eligible voters, and there
are no material challenged
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Another certification or
Transmit records of the case to
consent election may be
Med-arbiter. Med-arbiter shall
held within 6 months.
issue an order proclaiming the
results of the election.
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.
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10 days
Grievance
committee decision
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.
Preliminary conference
No amicable settlement
Hearing/s
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)
Bureau/Med-arbiter must
Decision
Decide within 20 days
From last hearing
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1. Regional Office which issued certificate of registration/creation
any legitimate labor
- complaints involving labor unions with independent registration, chartered
organization or its members
locals, workers association, its officer/members.
any party-in-interest
2.
Bureau
if the issue involves the entire
- involving federations, national unions, industry unions, its
membership of the labor
officers/members.
organization, complaint must
3. Regional Director
be supported by 30% of
- petitions for cancellation of registration of labor unions, petitions for
members.
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
Only 1 MR allowed
Office of Secretary
Decision Final and
Executory
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.
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