Labor Relations Notes

1. Declaration of Policy
a. Free collective bargaining
b. free trade unionism
c. free and voluntary organization
d. enlightenment of workers concerning their rights and obligations as
union members and employees
e. Provide adequate administrative machinery for the expeditious
settlement of labor or industrial disputes
f. to ensure a stable but dynamic and just industrial peace
g. to ensure the participation of workers in decision and policy-making
processes affecting their rights, duties and welfare.
When a certified CB representative commenced negotiation of CBA in good
faith. 1 yr period starts only after nego is terminated no CE will be filed.
Legitimate org may file CE
ER may file CE- if to bargain and does not want to bargain with union
When not to file- voluntary recognition within 1 yr after the recognition
election- appeal has been filed. 1yr period will be suspended running only
after.
Where CE be filed- anytime org est without CBAA
Exceptions:
CBA provisions are min. lower set by law
yellow contract
Docs supporting are falsified i.e. fraud
Deadlock party agent- no petition for CE shall be filed
60 day period
Contract bar rule- no CE be filed

Entertained within CE- found petitioning name of union not found in the
roster/list
Issues not be raised in representation case of CE- only intra-union
disputes, issues pertaining to employer-employee relationship, validity of
cert. to register and execution of CBA must be resolved- in an independent
case union personality may not be attached. Personality of union may not
be collateral attack- file separate cancellation of registration
Dept Order Series of 1997
ER may not intervene- by stander- notify and submit payroll
Mett arbiter-Bureau
Run off election- at least 3 union
2 unions higher votes- will complete at least majority of total of
bargaining units- if not failure

Jurisdiction of the Labor Arbiters and the Commissiona. Unfair labor practices
b. termination disputes
c. if accompanied with a claim for reinstatement, those cases that workers
may file involving wages, rates of pay, hours of work and other terms and
conditions of employment
d. claims for actual, moral, exemplary and other forms of damages arising
from the employer-employee relations
e. cases arising from any violation of Article 264 of this Code, including
questions involving legality of strikes and lockouts
f. all other claims (except Employees Compensation, Social Security,
Medicare and maternity benefits) arising from employer-employee
relations, including those persons in domestic or household service,
involving an amount exceeding five thousand pesos (P5,000.00)
regardless of whether accompanied with a claim for reinstatement
g. Commission shall have exclusive appellate jurisdiction over all cases
decided by Labor Arbiters

h. interpretation of CBA
Labor Organizations-Registration and Cancellation
1. registration fee
2. Names of officers, addresses, principal address of labor organization
3. 20% of all the employees in the bargaining unit where it seeks to
operate for independent union
4. if the applicant union has been in existence for one or more years,
copies of annual financial reports
5. 4 copies of constitution and by-laws
Chartering and Creation of Local Chapter
1. names of the chapters officers, addresses and principal office of the
chapter
2. Constitution and by-laws

Grounds for cancellation

1. misrepresentation, false statement or fraud in connection with the
adoption or ratification of the constitution and by-laws or amendments
thereto, minutes of ratification, list of members who took part in the
ratification
2. misrepresentation, false statements or fraud in connection with the
election of officers, minutes of the election of officers and list of voters
3. voluntary dissolution by the members
Rights and Conditions of Membership in a Labor Organization
1. no arbitrary or excessive initiation fees
2. full and detailed reports
3. direct election of officers

4. secret ballot
5. no to subversive organization
6. no person be eligible for election if convicted of a crime involving moral
turpitude
7. no member shall collect fees, dues or other contributions in its behalf or
make any disbursement of its money or funds unless he is duly authorized
pursuant to its constitution and by-laws
8. Every payment of fees, dues or other contributions by a member shall
be evidenced by a receipt signed by the officer or agent making the
collection and entered into the record of the organization to be kept and
maintained for the purpose.
9. funds of the organization shall not be applied for any purpose or object
other than those provided by its constitution and by-laws
10. every income or revenue of the organization shall be evidenced by a
record showing its source, and every expenditure of its funds shall be
evidenced by a receipt from the person to whom the payment is made.
11. officers of any labor org shall not be paid by any compensation other
than their salaries
12. treasurer- at least 1 a yr within 30 days, majority vote, upon vacating
his office
13. books of accounts shall be open for inspection
14. no special assessment or other extraordinary fees may be levied upon
members of a labor org
15. no special asssessments, atty fees, negotiation fees or any other
extraordinary fees
16. inform members on provisions of consti and by-laws
Rights of Legitimate Labor Organization
1. Representative of its members for collective bargaining
2. Certified as the exclusive representative of all the employees in an
appropriate bargaining unit for purposes of collective bargaining
3. Furnished by the employers with its annual audited financial
statements- within 30 calendar days from receipt of request or
within 60 days before expiration of existing CBA
4. Own property, real and personal, use and benefit of the labor
organization and its members

5. Sue and be sued in its registered name

6. Undertake all other activities designed to benefit the organization
and its members, including cooperative, housing, welfare and other
projects not contrary to law

Coverage
-commercial, industrial, and agricultural enterprises and in religious,
charitable, medical or educational institutions, won operating for profit.
-those in public service- EO 180 will apply
-managerial employee can already join as long as commonality of interest
(UP vs Calleja)
-non-abridgment of right to self-organization
ULP of employers
1. Interfere, restrain or coerce employees in the exercise of their right
to self-organization
2. Require 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
3. To contract out services or functions being performed by union
members when such will interefere with, restrain or coerce
employees in the exercise of their right to self-organization
4. 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.
5. 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
6. Dismiss, discharge or otherwise prejudice or discriminate against an
employee for having given or being about to give testimony under
this Code
7. Violate duty to bargain collectively
8. 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
9. Violate a CBA
ULP of Labor Organizations
1. restrain or coerce employees in the exercise of their right to selforganization

2. cause or attempt to cause an employer to discriminate against an

employee, including discrimination against an employee with respect to
whom membership in such organization has been denied or to terminate
an employee on any ground other than the usual terms and conditions
under which membership or continuation of membership is made available
to other members
3. violate the duty, refuse to bargain collectively with the employer,
provided it is the representative of the employees
4. 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 or not to be performed, including the
demand for fee under negotiations
5. ask for or accept negotiation or attorneys fees from employers as part
of the settlement of any issue in collective bargaining or any other dispute
6. violate a CBA

CBA
-term of 5 yrs.
- Renegotiated not later than 3 yrs after its execution.
- CBA entered into within 6 months from expiry date shall retroact to day
immediately ff. such date.
- if agreement entered into beyond 6 mo, the parties shall agree on the
duration of retroactivity thereof
- deadlock in the renegotiation of the CBA, the parties may exercise their
rights under this Code
Grievance
Remedy for violation of CBA
Voluntary arbitration
RA 9481
Strikes and Lockouts

Picketing- form of protest; with plackards; call attention of public to know

their cause why they are picketing
Strike- employees refusal to work as a formed or organized protest,
typically in an attempt to obtain a particular concession/s from their
employer
Wildcat strikes- no notices
Lockout- exclusion of employee by their employer from their place of work
until certain terms are agreed to
Procedures
1. valid and factual ground
2. notice of strike- 30 days
3. NCMB at least 24 hrs before
4. notice of strike should be filed at DOLE
Example: April 1 office of NCMB
Secret ballot-submit to DOLE
Union officers dismissal- no cooling off
Prior hearing before assumption of jurisdiction and certification
Strikes and lockouts as much as possible are avoided
Certification-compulsory arbitration
Secretary of DOLE- should assume certified cases

Forms of strike
1. economic strike- to raise wages
Case Doctrines