ABU

(1) will of EEs (Glove Doctrine);

(2) affinity and unity of EE’s interest, such as substantial similarity of work and duties or similarity of
compensation and working conditions;

(3) prior collective bargaining history;

(4) employment status, eg. temp/seasonal/probationary

Tthe test of the grouping is community or mutuality of interests. The basic test of an asserted bargaining
unit's acceptability is whether or not it is fundamentally the combination which will best assure to all
employees the exercise of their collective bargaining rights.”

Globe doctrine = sanctions the holding of a series of elections, not for the purpose of allowing the
group receiving an over all majority of votes to represent all employees, but for the specific purpose of
permitting the employees in each of the several categories to select the group which each chooses as
a bargaining unit

1. Labor Law
a. Statutes regulations and jurisprudence
b. Governing the relations between capital and labor
c. By providing for certain employment standards and a legal framework
d. For negotiating adjusting and administering those standards and other incidents of
employment
2. Labor standards
a. Minimum terms and conditions of employment
b. To which employees are legally entitled and with which employers must comply
3. Labor relations
a. Interactions between employer and employees or their representatives
b. And the mechanism by which the standards and other terms and conditions of
employment are negotiated, adjusted and enforced.
4. NOTE – Labor standards and relations intertwine and are not mutually exclusive
5. Welfare legislation
a. Those that provide particular kinds of protection or benefits
b. To society or segments thereof in furtherance of social justice
6. JUSTIFICATION: Social Justice
a. Consti – Art II Sec 10 – The state shall promote social justice in all phases of national
development
b. Art XIII
7. FOUNDATION OR BASIS: Police power of the state
8. ULTIMATE GOAL: Industrial Peace
9. 7 Cardinal Rights of Workers COP THLP
a. Self-ORGANIZATION
b. COLLECTIVE bargaining and Negotiations
c. PEACEFUL concerted activities including the right to strike in accordance with law
d. Security of TENURE
e. HUMANE conditions of work
 f. LIVING wage
g. PARTICIPATION in policy and decision-making processes affecting their rights and
benefits as may be provided by law.
10. Labor – A primary social economic force
a. Consti Art II sec 19 – affirms labor
11. Management Prerogative Rule – It is the right of an employer to regulate all aspects of
employment.
a. Gives employers the freedom to regulate according to their discretion
i. All aspects of employment including work assignment
ii. Working Methods
iii. Processes to be followed
iv. Working regulations
v. Transfer of employees
vi. Work Supervision
vii. Layoff of workers
viii. And the discipline, dismissal and recall of workers
b. Must be hemmed in by good faith and with due consideration of the rights of the worker.
c. MP will be upheld for as long as it is not wielded as an implement to circumvent the laws
and oppress labor.
d. CASE – University of Immaculate Concepcion Inc v SOLE – Recognizes the exercise of
MP and it often declines interfere with legitimate business decisions of the employer –
echoed in consti and Art 211 of LC. BUT IT IS NOT ABSOLUTE and is subject to
exceptions.
i. One of the exceptions is when the SECRETARY OF LABOR ASSUMES
JURISDICTION OVER THE DISPUTE involcing industries indispensable to
NATIONAL INTEREST.
12. Private Sector plays an indispensable role
13. Balancing of interest
14. State POLICY –WORKER EMPOWERMENT
a. VOLUNTARY/DEMOCRATIC METHOD OF DISPUTE SETTLEMENT
i. Policy from LC = emphasize the primacy of free collective bargaining and
negotiations including voluntary arbitration, mediation and conciliation as modes
1. Encourage truly democratic by cagreements through collective
bargaining
a. No court or admin agency shall have the power to set or fix
wages, rates of pay, hours of work, or other terms and conditions
of employment except as otherwise provided by the code
ii. LC3 – afford protection to labor etc… Assure right of workers tot slef-organization
, CB security if tenure and just and humane conditions of work.
iii. Collective bargaining – characterized as having primacy and free –
PRIORITIZED BEFORE OTHER MODEs, FREE FROM INTERFERENCE
iv. CASE - Estate of Dulay – the parties in the first placereally intended to bring to
conciliation or voluntary arbitration any dispute or conflict in the interpretation or
application of CVA. Only in absence of a CBA that the parties may submit
dispute to NLRC or to VA
b. TRADE UNIONISM
i. Labor organizations – an y union or assoc which exists in whole or in part for the
purpose of collective bargaining or of dealing with employers concerning terms
and conditions of employmeny
 ii. Activities: (POON-CC)
1. Any form of PARTICIPATION or involvement in representation
proceedings, representation elections, consent elections, union elections
2. ORGANIZATION, formation, and administration of labor organization
3. OTHER ACTIVITIES or actions analogous
4. NEGOTIATION and administration
5. All forms of CONCERTED UNION ACTION
6. Organizing, managing or assisting union CONVENTIONS, meetings,
rallies, referenda, teach-ins, seminars, conferencers, and institutes
c. WORKER ENLIGHTENMENT
i. Policy of the state
ii. Rights and conditions of membership – duty to inform by the labor organization
and its officers to inform members of provision of consti and bylaws, CBA etc
iii. Authorizzed to collect reasonable membership fees, union dues, assessments,
and fines and other contributions for labor education and research mutual death
and hospitalization benefits welfare fund, strike fund and credit and cooperative
undertakings
iv. REPRESENTATION PROCEEDINGS – methods by which employees designate
their EBA
v. PREVAILING LABOR RELATIONS SYSTEM – Book V of LC
d. ADEQUATE MACHINERY FOR EXPEDITIOUS DISPUTE SETTLEMENT
i. Labor dispute – any controversy or matter concerning terms and conditions of
employment or the association or representation of persons in negotiating, fixing,
maintaining changing or arranging the terms and conditions of employment or
representations.
1. Mere fact that disputants do not stand in proximate or reciprocal relation
of employer and employee do not remove it from category of labor
dispute
2. Commission – NLRC or its divisions
3. Bureau – BLR and or Labor Relations Divisions
4. Board – NCMB
5. Council – Tripartite Voluntary Arbitration Advisory Council under EO 126
ii. NLRC –
1. Chairman with 23 members. 8 members chosen among nominees of
workers and employers organizations respectively. Chairman and 7
remaining members come from public sector.
a. Upon assumption to office the members snominated by workers
and employers organzations shall divest f any affiliation with or
interest in the federation or association to which they belong.
2. Cases arising form interpretation or implementation of CBA and those
arising from interpretation or enforcement of company personnel policies
shall be disposed by the LA by referring the same to the grievance
machinery and voluntary arbitration
iii. NCMB
1. If dispute not settled, the board shall intervene at the request of either or
both parties or own initiative and immediately call the parties to
conciliation proceedings
a. Parties prohibited from doing acts which may impede or disrupt
early settlement of disputes
 b. Board shall exert all efforts to settle disputes amicable and
encourage the parties too submit their case to a VA
2. COLLECTIVE BARGAINING TOWARDS COLLECTIVE AGREEMENT –
democratic framework stabilize the relation between labor and
management to create a climate of sound and stable industrial peace
a. Mutual responsibility of employer and the union and is their legal
obligation
3. COLLECTIVE BARGAINING – system made up of a set of continuous
processes. It denotes negotiations looking forward to a collective
agreement
4. Four related process of CB
a. Negotiation between representatives of the management and the
union over “WAGES, HOURS, and other TERMS OF
EMPLOYMENT”
b. Execution of a WRITTEN CONTRACT embodying the terms
agreed upon
c. NEGOTIATION of any question arising as to the interpretation or
application of the contract
d. NEGOTIATION over the TERMS OF A NEW CONTRACT OR
PROPOSED MODIFICATIONS
iv. BLR
1. Handles inter and intra union disputes
2. Have 15 working days to act on cases before it, subject to extension
agreement of the parties.
3. Inter-Union Dispute – any conflict between and among legitimate labor
unions involving representation questions for purposes of collective
bargaining or to any conflict or dispute between legitimate labor unions
4. Intra-Union Dispute – any conflict between and among union members
including grievances arising from any violation of the rights and
conditions of membership, violation of rights and conditions of
membership, violation or disagreement over any provision of the union’s
consititution and by-laws or disputes arisingfrom chartering or affiliation
of union.
5. Extent of BLR authority
a. Broad and expansive (may hold referendu election among
members of a union to determine whether or not they desire to
be affiliated with a federation)
b. Has NO AUTHORITY to decide to order a referendum among
union members to decide whether to expel or suspend union
officers.
v. TVAAC
1. Establish machinery if not settled within 7 days -? Refer to Voluntary
Arbitrartion.
2. GRIEVANCE – any question by either employer or the union regarding
the interpretation or application of the CBA or other party is violating any
provision of the CBA or company personnel policies
a. Any dispute or controversy respecting terms and conditions of
employment which an employee or group of emplotees may
present to the employer even without a union or CBA
 3. Voluntary Arbitration – reference of a labor dispute to a third party for
determination on the basis of evidence and arguments presented by
such parties who are bound to accept the decision.
a. Contractual proceeding whereby the parties to any dispute or
controvery in order to obtain a speedy and inexpensive final
disposition of the matter involved, select a judge of their own
choice and by consent submit their controversy to him for
determination
b. It is a private judicial system. It is not a public tribunal imposed
upon the parties by a superior authority.
c. VA – Informal (Courts formal)
i. VA – arbitratros not obliged to follow precedents,
determines what is admissible evidence, NO APPEAL
RECOURSE.
ii. VA – most LA have extensive background ad
knowledge of the manifold problem in industrial
relations. They hear only industrial disputes
iii. Fees paid to arbitrator usually shouldered by parties
and costsfar less than a lawsuit
d. Primary fnx of VA
i. Process for orderly disposition of disputes
ii. Foundation for stable labor-management relations
e. Note – viol of CBA except those gross in char shall no longer be
treated as unfair labor practice and shall be resolved as
grievances under the CBA.
f. Gross violations of CBA – FLAGRANT AND/OR MALICIOUS
refusal to comply with the ECONOMIC provisions of CBA
vi. Jurisdiction
1. NLRC- EA juris over all cases decided by LA
2. LA (TR-LOUD-COW)
a. Termination disputes
b. If accompanied with claim for REINSTATEMENT and those
cases that workers may file involving wages, rates of pay, hours
of work and other terms and conditions of employment
c. Cases arising from any violation of Article 264 of this code
including questions involving LEGALITY OF STRIKES AND
LOCKOUTS
d. Except claims for employees compensation, social security,
medicare and maternity benefits, all OTHER CLAIMS arising
from EER inc those of persons in domestic or household
involving amount exceeding 5k
e. UNFAIR LABOR practice cases
f. Claims from DAMAGES arising EER
g. Enforcement of COMPROMISE AGREEMENTS
h. OFW
i. WAGE distortion disputes in unorganized establishments
3. NCMB – Dispites in Collective Bargaining upon request of either or both
parties
4. BLR/LRD
 a. OE Authority to act at their own initiative or upon request of
either or both parties on:
i. Inter union and intra union conflicts
ii. All disputes, grievances or problems arising form or
affecting labor-management relations in all workplaces
whether agricultural or non-agri
iii. EXCEPTION – those arising from implementation or
interpretation of CBA
iv. (BLR CONFINED to UNION MATTERS, Collective
bargaining registry and labor educ)
5. TVAAC – OE juris to hear and decide:
a. All unresolved grievances from interpretation or implementation
of CBA
b. Those arising from the interpretation or enforcement of company
personnel policies.
vii. Administrative intervention for dispute avoidance (AIDA) – DOLE circ 1-06 –
Admin procedures for voluntary settlement of labor disputes
1. Request for intervention
2. Content of Request
3. Conference
4. Intervention
5. Prohibtion on testimony (DOLE who took part)
6. Remedies available (LC)
viii. Single Entry approach (SENA) – admin approach for speedy, impartial,
inexpensive and accessible settlement procedure of all labor issues or conflicts
to prevent them from ripening into full blown disputes. (DO 107-10)
1. Conciliation mediation process shall be utilized as immediate intervention
to effect amicable settlements amoung differing parties.
2. Guiding principle – 30 day mandatory conciliation-mediation in all
regional offices, complement the existing labor dispute settlement
mechanism and processes in DOLE offices and attached agencies to
a. Provide a speedy, public, inexpensive and accessible settlement
services for unresolved issues/complaints arising from EER
b. Encourage the use of conciliation-mediation in the settlement of
all labor cases and only unresolved issues shall be referred for
VA if both parties agree or a CA to NLRC or approp agency as
the case may be.
c. Strengthen coordination an dcooperation among DOLE agencies
involving dispute settlement
3. Coverage of SENA – Cases falling under the administration and
quasijudicial functions of the DOLE offices and attached agencies
a. E:
i. Notices of strikes or lockouts
ii. Preventive mediation cases
iii. Issues arising from the interpretation or
implementation of CBA
iv. Arising from interpretation or enforcement of company
policies
 4. SEnA desk officer – designated to provide assessment, eval and
counseling
5. 30-day mandatory conciliation-mediation period – 30 calendar days to
conduct
6. Issues subject to said period
a. Except as expressly excluded:
i. Termination or suspension of employment issues
ii. Claims for any sum of money regardless of amount
iii. Intra union and interunion issues after exhaustion of
admin remedies
iv. ULP
v. Closures, retrenchment, redundancies, lay offs
vi. OFW cases
vii. Any other claims arising from EER
7. Conduct of Concilation-Mediation
a. Desk officer exert best efforts to assist parties to arrive at
settlement. In facilitating Concilation meeting he shall:
i. Clarify issues and narrow down disagreements
ii. Validate position and relief sought
iii. Encourage parties to generation options and enter into
stipulations
iv. Offer proposals and options towards mutually
acceptable solutions and Coluntary settlement
8. Termination of CM services
a. Unless agree otherwise – within 30 day period
b. Any or both parties within 30 day period may pre-terinate the
proceedings and refer the case to appropriate DOLE office of
agency which has juris
9. Effect of failure to appear
a. Complaint party – 2 scheduled meetings – issuance of
REFERRAL TO APPROPRIATE DOLE OFFICE OR AGENCY
b. In case non appearance of employer or the party complained of
after due notice – may irequest the issuance of the referral or
resetting of the CM conference within 30 day period
10. Non-settlement – REFERRAL to approprp DOLE agency
ix. Industrial peace
x. Worker Participation in decision and policy making process affecting rights and
duties and welfare
15. RIGHT TO SELF-ORGANIZAATION
a. Basis
i. ILO CONVENTION NO. 87 (Freedom of Association and protection of rights to
organize – 1948)
ii. ILO CONVENTION NO. 89 (Application of the principles of the right to organize
and bargain collectively – 1949)
iii. US LAWS
1. National Labor Relations Act (Wagner Act) –
a. encourage collective bargaining by preventing employers and
management rep from doing certain things that US congress has
designated as ULP because they interfere with employees’
 opportunities to join labor organizaations and to be represented
by them in negotiations with their employers.
b. To give practical effect to the policy of effective CV, the act
specifies wihich acts are ULP and decide the extent of
application
2. US Labor-Management Relations Act of 1947 (Taft-Hartley Act)
a. This amended the pro union Wagner act. A variety of factors
including fear of communist infiltration the growth in membership
and power of union strikes etc.
b. It guaranteed employees the right not to join a Union
iv. PH sources
1. Consti
2. Labor Code
3. Note – right to organize is given to both employed and unemployed – to
protect their interest.
v. Function of Labor Union – to carry the representation of its members particularly
against the employers ULP against it and its members and to file an action for
their benefit and behalf without joining them and to avoid cumbersome procedure
of joining each and every member.
vi. Extent and Scope of Right –
1. Inclusion of right to self-organization:
a. Right to form, join, or assist labor organization
b. Right to engage in lawful concerted activities
2. NOTE – the right to form a union or association or to self-organization
comprehends two notions
a. Liberty or freedom, that is the absence of restraints which
guarantees that the employee may act for himself without being
prevented by law
b. The power by virtue of which an employee may as he pleases,
join or refrain from joining an association
c. CASE – Reyes v Trajano – The right not to join, affiliate with or
assist in any labor organization is subsumed in the right to join.
Right to form or join includes the right to refrain from exercising
said right.
d. CASE – Kapatiran sa Meat and Canning v Ferrer-Calleja – The
right not to infrince on right of sel organization granted by consti
regardless of religious affiliation
e. CASE – PanAM – The moment management displays dwhat
appears to be grave and unwarranted distrust, the strike was
resorted to, then the integrity of collective bargaining called into
question There is consti and statutory authority that laborers
have right to form unions to take care of their interest Their
freedom to form organization would be rendered nugatory if they
could not choose their own leaders to speak on their behalf.
3. NO PROVISION IN LC THAT STATES THAT EMPLOYEES WITH
DEFINITE EMPLOYERS MAY FORM OR ASSIST UNIONS ONLY AND
NOT WORKER’s ASSOC
a. CASE – Samahan ng Hanjin v BLR – Right to Self Org connotes
unionism, however workers may also form and join workers
 assoc as well/ Right to self org includes right to form join or
assist in labor org for purpose of collective bargaining through
rep of their own choosing and to engage in lawful concerted
activities for the same purpose for their mutual aid and protection
b. Union – any labor org In private sector organized for CB and
other legitimate purpose
i. While every labor union is a Labor org, not every LO is
a labor union
c. Worker’s assoc – An organization of workers formed for the
mutual aid and protection of its members or for any legitimate
purpose other than CB
i. Many may qualify as labor organization yet faull short
as a union
d. Difference – One of organization, composiation and operation
b. COVERED EMPLOYEES/WORKERS
i. Omnibus Rules – all persons employed including those in GOCC without orig
charters est under corpo code
1. Supervisory employees not eligible for membership in LU of rank and file
but may form separate for their own.
2. Managerial not eligible to form join or assist in any for collective
bargaining.
3. Alien with valid working permits issued by Department may exercise right
if they are nationals of country granting same rights to Filipino as cert
byvDFA
4. For purpose here, any emplotyee whether employed for definite period or
not shall begin on first day of his/her service be eligible for membership
in any labor org.
5. All other workers including ambulant, intermittent and other workers the
self-employed rural workers and without any definite employers may
form LO for their mutual aid and protection and other legitimate purposes
except CB
ii. RULE
1. LC on coverage, IRR on who may join
2. CASE – FEU v Trajano – under art. 244 ther eis no doubt Rank and File
employees of non profit medical institution are now permitted to form,
organize or join LU for CB.
iii. Government Corproate employees
iv. Right to self organization
1. Private – for purposes of CB
a. Levels of positions:
i. Managerial – cannot
ii. Supervisory – Can
iii. Rank and File – Can
2. Government – For furtherance and protection of interests. Government
employees cannot negotiate terms and condtions of employment as they
are fixed by law
a. Levels
i. High level – cannot unionize
ii. Rank and file – Can
 v. Government employees are noy allowed to unionize
1. Members of armed forces including police, firemen and jail guards are for
reasons of security and safety are not allowed to unionize
2. High level employees (Policy making or managerial or are of highly
confidential nature)
vi. Supervisory Employees
1. SE- Those who in interest of employer effectively recommend such
managerial actions if the exercise of such is not merely routinary or
clerical in nature but requires the use of independent judgment
a. Refers to an employee who in the interest of the employer,
effectively recommends managerial actions and the exercise of
such authority is not merely routinary r clerical but requires use
of independent judgment.
2. Managerial Employee – vested with the powers or prerogatives to lay
down and execute management policies or discipline employees.
a. Refer to one who is vested with powers and prerogatives to lay
down and execute management policies or to hire, transfer,
suspend, layoff, recall, discharge, assign or discipline employees
3. Rank and File – All employees not falling within any of the definitions of a
managerial employee or supervisory employee
a. Functions are neither managerial nor supervisory.
4. Notes – Supervisors are allowed to organie but cannot join or assist a
Rank and File
5. CASE – Holy Child v Sto Tomas
a. RA 875 (Industrial Peac Act) Sec 3 – individuals employed as
supervisors not eligible for membership in a labor organization of
employees. Nothin however tells that mingling can affect the
legitimacy of the O. Only instance when LO loses legitimacy is
when it VIOLATES ITS DUTY TO BARGAIN COLLECTIVELY .
b. Invalidity of membership do not make the union illegal
6. CASE –Tagaytay Higlands – the proper procedure is for concerned
employer to file cancellation of certificate of registration and not intervene
in petition for cert election (inclusion of union of disqualified not among
grounds for cancellation except if due to misrepresentation, false
statement or fraud).
vii. Aliens
viii. Security guards – amended by EO 111 Section 11 – eliminated disqualificationon
secutrity guards
c. Excluded employees/Workers
i. Coverage – all kinds of employees and all kinds of employers
ii. Exceptions (CCIM-Non)
1. CONFIDENTIAL EMPLOYEESS
2. Employee-members of a COOPERATIVE
3. INTERNATIONAL ORGANIZATIONS
4. MANAGERIAL EMPLOYEES
5. NON-EMPLOYEES
iii. Note – religious objectors may exempt themselves from joining closed-shop
union membership.
iv. Managerial Employees – primary duty is management of establishment in which
they are employed or of a department or subdivision thereof and to other officers
or members of the managerial staff
1. Manager – generally to anyone who is responsible for subordinates and
other organizational resource
2. Note – Managerial employees are ranked as TOP MANAGERS, MIDDLE
MANAGERS and FIRST LINE MANAGERS
a. Top Manager
i. Manager per se
ii. Small group of executives responsible for the overall
management of organization
iii. Establish operating policies and guide organization
interactions with its environment
b. Middle managers
i. Managers per se
ii. Can refer to more than one level
iii. Direct activities of other manager and sometimes also
those of operating employees
iv. Their principal responsibilities are directing activiites
that implement their organization’s policies to balance
the demands of their superiors with the capacities of
their subordinates.
c. First Line managers
i. Supervisors
ii. Lower levels In an organization which individuals
responsible for work of others
iii. Direct operating employees and do not supervise other
managers
iv. Task simply to ensure that such policies are carried
out by rank and file employees of an organization
d. NOTE – Both top and middle have authority to devise, implement
and control strategic and operational policies.
e. Test of SUPERVISORY or MANAGERIAL STATUS
i. Whether a person possess AUTHORITY TO ACT IN
THE INTEREST OF HIS EMPLOYER in the matter
specified in LC and whether such authority IS NOT
MERELY CLERICAL OR ROUTINARY IN NATURE
but REQUIRES USE OF INDEPENDENT
JUDGMENT.
1. Where such recommendatiry powers are subject
to evaluation, review or final action by
department heads are not exercise of
independent judgment as required by law.
f. Why disqualified – if they beling to union the union might not be
assured of their loyalty to the union in view of evident conflict of
interest.
i. Union may also be company-dominated. With
presence of managerial. Managerial are supposed to
 side the employer to protect its interest. Employer is
not ssure of such if managerial are union members.
g. CASE – Paper Industries v Laguesma – mere fact employee
designated as manager does not ipso facto make him one.
Designation should be reconciled with actual job description of
employee for it is the job description which determines nature of
employment.
v. Confindential employees- by reason of position or nature of work required to
assist or act in a fiduciary manner to managerial emloyees and hence are privy to
sensitive and highly confidential records.
1. Elements:
a. Assist or act in a confidential capacity
b. To persons who formulate, determine, and effectuate
management policies in the field of labor relations
2. Doctrine of necessary implication – that what is implied in a statute is as
much part thereof as that which is expressed
a. A confidential employee is one entrusted with confidence on
delicate matters or with the custody, handling or care and
protection o the employers property. Confidential employees are
similarly disqualfieid,
i. Similar to inhibition to managerial employees because
if allowed, the union might not be assured of their
loyalty in view of evident conflict of interests and the
Union can also become company-denominated with
presence.
ii. Having access to confidential info, may also become
source of undue advantage and may ac as spy of
either parties.
b. NOTE – prohib is imppsed by jurisprudence and not by law
vi. Worker members of a cooperative
1. Why? Nature of coop – members are the ones who run and operate.
Irrespective of number of shrares, each is entitled to one vote in deciding
upon the affirs of cooperative.
2. Note – membership in Coop is voluntary and includes right not to join
d. Employees of International Organizations-PH gov has granted immunity from local
jurisdiction
i. Why?
1. International institution have a status which protects them against control
or interference by any one government in the performance of functions
for effective discharge
2. No country should derive any national financial advantage by levying
fiscal charges
3. Intl org should as a collectivity of states members be accorded the
facilities for the conduct of its official business customarily extended to
each other by its individual member states
ii. Raison deter – assurance of unimpeded performance of functions
e. Non-Employees
i. LC 253 – Ambulant, intermittent, itinerant, self-employed, rural, and those without
any definite employers may form LO for their mutual aid and protection
 ii. CASE – Singer Sewing Machine Co. v Drilon
1. Since private resp are not employees of company, they are not entitled
to the consti right to join or form a LO for purposes of CB. No legal basis
for their union be granted their petition for direct certification.
2. It is important to know who shall be included in a proposed bargaining
unit bc it is the sine qua non, the fundamental and essential condition
that a bargaining unit be composed of employees
3. Failure to do so affects legality of union itself and meaning ineligibility of
union members to present a petition for cert election and vote therein.
f. Party Protected
i. Representation by the Exclusive Bargaining Unit
1. CASE – Mactan Workers Union v Aboitiz – benefits of CBA extend to
laborers and employees in the CB unit including those who do not belong
to te chosen bargaining labor organization. Any other view would be
discrimination on which law frowns.
g. Sanction for violation of right
i. Fine of not less than 1000 pesos nor more than 10000 and/or imprisonment for
not less than 3 months nor more than 3 years
1. Foreigners immediate and summary deportation and permanent bar from
reentry.
ii. Assumption be SOLE –
1. when labor dispute is likely to cause a strike or lockout in industry of
national interest provided
a. Both parties have requested
b. After conference called by office or SOLE motu prio or on
request
2. Assumption automatically enjoining an impending strike or lock out or if
already in place shall immediately resume operations and readmit all
employees.
iii. ULP of the ER:
1. To interfere with, restrain, or coerce employees in the exercise of their
right to Self Organization
2. To require as a condition of employment that a person or an employee
shall not join a LO or shall withdraw from one to which he belongs
3. To contract out services or functions being performed by union members
that will interfere with, restrain, coerce employees in exercise of their
right to self-organization
4. To initiate, dominate, assist or otherwise interfere with the formation or
admin of any LO inc giving financial or other support to it or its organizers
or supporters
5. To discriminate in regard to wages, hours of work etc
a. Nothing shall prevent the parties from requiring membership in a
recognized collective bargaining agent as a condition for
employment except those employees who are already members
of another union at time of signing of the CBA.
b. Not apply to non members of the recognized collective
bargaining agent
 6. To dismiss, dischargem or otherwise prejudice or discriminate against an
employee for having given or being about to give testimony under this
code
7. To violate the duty to bargain collectively as prescribed by this Code
8. To violate a CBA
iv. ULP of Labor Org
1. To restrain or coerce employees in the exercise of their right to SO.
However LO shal have the right to presrive own rules with respect to the
acquisition or retention of membership.
2. To 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
in such organization has been denied or to terminate an employee on
ground other than usual terms and conditions for membership or
continuation available to other members
3. To violate duty or refuse to abargain collectively
4. To cause or attempt to cause an employer to pay or deliver or agree to
pay or derliver any money or things of value for services which are not
performed or not to be performed including demand for fee for union
negotiations
5. To ask for or accept negotiation or attorney’s fees from employers as
part of settlement of any issue in CB or any other dispute
6. To violate CBA
v. Persons liable
1. Employers – only officers and agents of who actually participated in,
authorized or ratified ULP
2. Labor organizations – only officers, members of governing board, rep or
agents or members of LO who actually participate, authorized or ratified
16. LABOR ORGANIZATION
a. Policy
b. Definition: Labor Organizations/Unions
i. Exclusive Bargaining representative – legitimate LU duly recognized or certified
as the sole and exclusive bargaining representative or agent of all employees in
a bargaining unit
1. Labor Organization – any union or assoc of employees for purpose of CB
or dealing with employers concerning terms and condition of
employment.
a. Refers to any union or assoc in the private sector existing in
whole or in part for CB, mutual aid, interest, cooperation,
protection or other lawful purposes
ii. Purpose of LO
1. To bargain collectively with employer and/or some other lawful purpose.
2. Purposes of CB and dealing with employer in labor relations are not the
same
a. CB – right may be acquired by a labor organization after
registering with DOLE by being certified as EB rep
b. Dealing – generic description of interaction including grievances,
wages, work hour etc, even if the group is not registered with
DOLE
 iii. Union – refers to any LO in private sector organized for CB and other legit
purposes
iv. Worker assoc- organized for mutual aid and protection or for any other legitimate
purposes other than collective bargaining
c. Legitimate Labor organization – Any LO duly registered with DOLE and includes any
branch or local thereof
i. Legitimate Workers Assoc – organized for mutual aid and protection of members
or for any other purpose other than CB, registered with Department
ii. NOTE – every union is legitimate, only those properly registered are considered
LLO. Non registration does not mean illegitimate, but only means unregistered
and has no legal personality. It exists legally but not possess rights of an LLO
d. Company Union – means any labor organization whose formation function or admin has
been assisted by any act defined as ULP by the code
i. An employers act of initiaitiong, dominating assisting or interfering is ULP
e. UNION RATIONALE
i. Why?
1. To eliminate competition among employees in the labor market
2. Job security
3. To substitute rule of law for the arbitrary and then capricious exercise of
power by the employer
4. Helps give employees a sense of participation in business enterprises of
which they are part of
ii. NOTE – Union is recognized instrumentality and mouthpiece of the laborers.
Only through union can the laborers exercise the right of CB and enjoy other
privileges.
iii. CASE: Guijarno v CIR
1. LU – means of assuring that such fundamental objectives would be
achieved. It is the instrumentality through which an individual laborer who
is helpless against a powerful employer may through concerted effort
and activity achieve the goal of economic well-being/
2. To further increase effectiveness of such or – a closed shop has been
allowed. It could happen though that such stipulation which assures
further weight to a LU at the bargaining table could be utilized against
minority groups or individual members thereof.
f. Government Regulation: Implementing the policy on trade unionism
i. CASE: Electromat Manuf c Lagunzad
1. DO 40-03 rep expression of Gov implementing policy on trade unionism.
To encourage affiliation of a local union with a federation or national
union.
2. Local chapters seemingly have lesser requirements because they and
their members are deemed to be direct members of the federation to
which they are affiliated, which federations are the ones subject to the
strict registration requirements of the law.
g. UNION REGISTRATION PROCEDURE
i. Rationale for reg – if Registered with DOLE, a LO is considered LLO. An unreg
not illegitimate, but just no legal personality to demand CB.
ii. REQUIREMENTS:
1. Independent LU:
 a. Name of applicant labor union, its principal address, name of
officers and respective address
i. Approximate numer of employees
ii. Statement that it is not reported as a chartered local of
any federation or national union
b. Minutes of organizational meetings and list who participated
c. Name of all members comprising at least 20% of the employees
in the bargaining unit
d. Annual financial reports if applicant has been in existence for
one or more years unless it has not collected any emount from
the members
i. In which case a statement to this effect shall be
included in the application
e. Applicant’s constitution and by-laws, minutes of adoption or
ratification, list of members participating
i. May be dispensed where consti and by laws ratified or
adopted during the organizational meeting.
2. Federations and National Union
a. Statement indicating the name of applicant labor union, its
principal address, name of officers and their respective
addresses
b. Minutes of the organizational meetings and list of employees
who participated
c. Annual financial reports unless not collected to which case must
state so
d. Applicant unions consti and by-laws, minutes of its adoption
e. Resolution of affiliation of at least 10 legitimate labor
organization
f. Name and addresses of companies where the affiliates operate
and list of all members in each company involved.
3. Workers Assoc
a. Name of applicant associations, principal address, name of
officers and addresses
b. Minutes of Org meetings and participants
c. Financial reports unless..
d. Applicants consti and bylaws…
4. Workers Assoc operating in more than one region
a. Accompanied in addition to preceding – a resolution of
membership of each member association, duly approved by its
board
5. 20% membership requirements
a. In case applicant independent union- names of all comprising
20% of all employees in bargaining unit it seeks to operate
b. Bargaining unit – refers to group of employees sharing mutual
interests within a given employer unir, comprised of all or less
than all the entire body of employees in the employer unit or any
specific occupational or geographical grouping within such
employer unit
 i. Always a group of employees. However large, 20%
thereof should be members of the independent union
applying for registration
ii. NOTE – 20% only applies to INDEPENDENT UNION
c. ARTICLE 234 does not mandate maintainenance tof 20%
throughout its existence.
d. CASEL Takata corpo v BLR – Does not appear that the
attendees in org meeting must comprise 20% of employees.
Only pertains to employees membersip in union and not to list of
workers who participated in the organizational meeting
e. CASE – Mariwasa v Sec of DOLE – Legitimacy of resp as LO
must be affirmed. Withdrawal of support may be resignation, the
fact remains that at time of unions application, affiants were
members of the respondent and comprised more than the
required 20%
6. REGISTRATION PROCEEDING
a. Registration – refers to the process of determining whether the
application for registration of a union or worker’s assoc and cba
complies with the documentary requirements for registration
b. Note – A union at the enterprise level may be created either
through INDEPENDENT REGISTRATION or CHARTERING
c. 1st mode: ISSUANCE OF UNION REGISTRATION
i. Upon issuance of certificate of registration based on
the ff:
1. Fifty pesos registration fee
2. Names of officers, addresses, principal address
of Labor Organization, minutes of organizational
meetings and list of workers participating in the
meeetings
3. If applicant union in existence for one or more
years: copies of annual financial reports
4. In case independent union- names of all
members comprising 20% of all employees of
bargaining unit
5. Four copies of consti and by-laws of applicant
union, minutes of its adoption or ratification, and
list of members participated
d. 2nd Mode: UNION AFFILIATION
i. A duly registered federation or national union may
directly create a local chapter by issuing a charter
certificate indicating the establishment of local chapter.
1. Chapter shall acquire legal personality only for
purposes of filing a petition for cert election from
date it was issued a charter ceretificate
2. Chapter shall be entitled to all other rights and
privilege of LLO only upon submission of
documents in addition to its charter certificate:
a. Name sof chapters officers, addresses
and the principal office of the chapter
 b. Chapter’s consti and by-laws, provided
that where the chapter consti and by-
laws are the same as that of the
federation or the national union, fact
indicated accordingly
ii. Afiiliate – independent union affiliated with a
federation, national union or chartered local which was
subsequently granted independent registration but did
not disaffiliate from its federation, reported to the
regional office and the bureau in accordance with Rule
III, Sections 6 and 7 of these rules
iii. Note- Union created through chartering is called a
local, a chapter, or a chartered local in the employer
enterprise where the union officers and members are
employers. It is imperative that a chartered local has to
be registered, not just reported.
iv. NOTE – acquisition of legal personality only for
purposes of filing a petition for cert elec.
v. NOTE – Trade Union Center cannot create a chapter
e. Effect of affiliation with a national union:
i. A union, either independent or local, affiliates with a
federation or national union for a number of reasons.
Common one – secure support or assistance during
formative stages of unionization.
ii. Relationship of local/chapter and labor
federation/union
1. Generally understood to be that of AGENCY
where local is PRINCIPAL while federation is
AGENT
2. A local union does not owe its existence to the
federation which it is affiliated. It is separate,
distinct voluntary association owing creation to
will of members.
iii. NOTE – local union which is not independently
registered cannot upon disaffiliation from the
federation, exercise the rights and privileges granted
by law to legitimate labor organizations.
f. Action on Application
i. Act on all applications within 10 days
ii. Denial – supporting documents incomplete such as do
not contain the required certification and attestation,
withn 5 days from receipt, to complete the same within
30 days from notice. Failure to do so the application
shall be denied without prejudice to filing a new
application or notice.
iii. Appeal within 10 days from receipt of notice
1. Memorandum of appeal together with complete
records of application . Office of secretary
decide within 20 days,
 iv. After labor organization filed the necessary papers and
docs, it becomes mandatory for BLR to check if
requirements under Article 234 have been complied
with
1. Spirit of LC requirement are to be given flesh
and blood. Registration requirements affor a
measure of protection to unsuspecting
employees who may be lured to joing
unscrupulous or fly-by-night unions whose
pruprose is to control union funds r use it for
illegitimate ends.
g. Effect of registration – separate legal personality. Only
questioned through an INDEPENDENT PETITION FOR
CANCELLATION of UNION REGISTRATION
h. STATUTORY PARADIGM GOVERNING THE
ESTABLISHMENT AND ACQUISITION OF LEGAL
PERSONALITY
i. Local/Chapter
1. Defn: Labor org in the private sector that
acquired legal personality through issuance of a
charter certificate by a dult registered federation
or national union AND REPORTED TO THE
REGIONAL OFFICE
2. Requirements:
a. Issuance of charter certificate by the
duly registered federation or national
union
b. Said federation or national union is then
obligated to report to the Regional Office
the creation of such chartered local,
attaching thereto the charter certificate it
had earlier issued
3. Statutory source – IRR
4. Acquisition of legal personality – from date of the
filing of the complete documentary
requirements, and not from the issuance of a
certificate to such effect by the regional office or
burea
a. DO 40-03 – THE LOCAL/CHARTER
ACQUIRES LEGAL PERSONALITY
UPON THE ISSUANCE OF THE
CHARTER CERTIFICATE BY THE
DULY REGISTERED FEDERATION OR
NATIONAL UNION
ii. Labor Organization
1. Any union or association of employees which
exists in whole or in part for the purpose of
collective bargaining or of dealing with
 employers concernin terms and condition of
employment.
2. Requirements
a. 50 pesos reg fee
b. Names of officers, addresses, principal
addressees, minutes of organizational
meetings and list of participiants.
c. In case applicant is independent union,
names of all members of at least 20% of
all employees in bargaining unit
d. If in existence for one of more years –
copies of annual financial reports
e. Four copies of consti and bl and minutes
of its adoption or ratification plus list of
members participating
3. Statutory source – LC 240
4. Acquistion of legal personality- ON DATE OF
ISSUANCE OF ITS CERTIFICATE OF
REGISTRATION
iii. Rationale on less stringent requirements for chartered
locals
1. To encourage affiliation of a local union with the
federation or national union in order to increase
the local union’s bargaining power
2. Local/chapter relies in part with the legal
personality of the federation or national union
which in turn had already undergone evaluation
and approval from BLR
7. Rights of Legitimate Labor Organization
a. Rights (OFCORS)
i. OWN property, real or personal for use and benefit of
the labor organization and members
ii. To be FURNISHED by employer upon written request
with its annual audited financial statements, including
the balance sheet and the profit and loss statement
1. When?
a. After the union has been recognized by
the ER as the soled bargaining unit
b. After union is certified by DOLE as the
sole bargaining unit
c. Within the last 60 days of CBA
d. During the CBA negotiation
2. Note – rationale – better equip Union in
preparing negotiations wth employer
iii. To be CERTIFIED as exclusive representative of all
the employees in an appropriate bargaining unit for
purposes of collective bargaining
iv. All OTHER activities designed to benefit the
organization and its members, including cooperative,
 housing, welfare, and other projects not contrary to
law.
v. To act as REPRESENTATIVE of its members for
purpose of collective bargaining
vi. To SUE and be SUED in its registered name
b. CASE: San Miguel Foods v Laguesma
i. Important to determine w/n a particular labor org is
legitimate since LLO have excusive rghts under law
which cannot be exercised by non-legit – one is
exclusive representation
c. CASE: Acadera v ICTS
i. A labor union is one such party authorized to represent
its members under Art 242(a)
8. Rights of Workers and Employers Organizaations
a. CASE: Baptista v Villanueva
i. Employers organization have the right to draw up their
constitutions and rules to elect their representatives in
full freedom to organize their admin and activities.
RPNEU consti and BL expressly mandate that before
party allowed to seek intervention, must avail of
internal remedies.
9. Effect of non-registration
a. CASE: Abaria v NLRC – Not being a legitimate labor
organization, it is not entitled to rights for LLO. .
10. Cancellation of Union cert of registration
a. LC – may be cancelled by the bureau after due hearing on
grounds under Article 239
b. LC 250 – FF are rights and conditions
i. Every income or revenue of organization shall be
evidenced by a record showing its source and every
expenditureof it s fund shall be evidenced by receipt
ii. Action involving funds prescribe after 3 years.Failutre
of any labor organization to comply with periodic
financial reports and such after 6 months after
effecetivity of this act shall automatically result in
cancellation of union registration of such LO
c. IRR
i. Where to file – Subject to notice and due process may
be canelled by the Regional Director or in case of
federations, national or industry unions and trade
union centers by the Bureau Director upon filing of an
independent complaint or petition for cancellation
ii. Who may file – any party in interest except in actions
under Article 241 where commenced only by members
of the labor organization
iii. Action on the petition – resolved by Regional director
d. Cancellation proceedings – legal process leading to revocation
of the legitimate status of a union or workers assoc
 e. Cancellation – gov act that divest the organization its status as
LLO
11. Effect of cancellation of union registration
a. Not suspend the proceedings for cert election nor prevent the
filing of such
b. Nothing herein shall restrict the union to seek just and equitable
remedies
c. NOTE – only results in reversion of character to that prior to
registration and does not cease to exist or become an unlawful
organization. But loses juridical personality and suspend rights
and privileges.
12. GROUNDS FOR CANCELLATION
a. MISREPRESENTATION, FALSE STATEMENT or FRAUD in
connection with ADOPTION OR RATIFICATION of the consti
and by-lawss or amendments thereto, the minutes and lst of
members
b. MISREPRESENTATION FALSE STATEMENTS or FRAUD in
connection with ELECTION OF OFFICERS, minutes etc
c. VOLUNTARY DISSOLUTION by the members
i. 2/3 of general membership votes in meeting dulty
called for the purpose to dissolve it
13. CASE - De Ocampo v Bigkis – for fraud and misrep – must be GRAVE
AND COMPELLING enough to vitiate the consent of majority of union
members
14. CASE – AIM v AIM faculty
a. Corect that cancellation as ground that the members are
managerial employees and misrepresented to register under
claim that the members are not managerial
15. CASE – Takata v BLR
a. After issuance of cert of reg, the LO registration could be
assailed directly through cancellation of registration proceedings
iii. INTERNATIONAL ACTIVITIES OF UNION – prohibition and regulation
iv. UNION – Member relations
1. Rights and conditions
a. No arbitrary or excessive initiation fees
b. Members shall be entitled to full and detailed reports from
officers and rep of all financial transactions as provided under
consti and BL
c. Members shall directly elect their officers in local union as well
as national officers in intervals of 5 years.
i. No qualification for requirement for candidact shall be
imposed other than good standing
d. Members shall determine by secret ballot after due deliberation
of any question of major policy affecting membership of
organization
e. No org shall knowingly admit members of subversive
organization who is directly or indirectly involved
f. No person convicted of crime involving moral turpitude
 g. No officer agent or member of LO collect any fees dues or other
contributions unless duly authorized by consti and BL
h. Every payment evidenced by receipt
i. Funds of organization shall not be applied for any purpose or
object other than those expressly provided in consti and BL or
those quthorized by written resolution
j. Every income or revenue evidenced in record
i. Action involving same withint 3 years
k. Officers of any LO shall not be paid any compensation other than
the salaries and expenses due to ther positions
l. Treasurer of any LO and every officer rthereof responsible for
the account - shall render a true and correct account of all
moneys received
m. Books of accounts open to inspection by any during officer hours
n. No special assessment or other extraordinary fees may be levied
unless written resolution
o. Other than mandatory ax under the code no special assessment,
AF, nego fees or others without written auth duly signed by the
EMPLOYEE
p. Duty to inform members on provisisions of BL, consti, CBA, etc
q. Any violation ground for cancellation or expulsion of officers. At
least 30% of members of a union or any member or members
specally concerned may report such violation to Bureau
r. It shall be unlawful for employer to commit any:
i. To interfere with, restrain, coerce employees in the
exercise of their right to self org
2. Rights of Union Members
a. Political right –to vote and be voted for subject to lawful
provisions on qual and disqual
b. Deliberate and decision making right – to participate in delib on
major policy questions and decide them by secret ballot
c. Rights over money matters – right against excessive fees,
unauth collection, records
d. Right to information
v. UNION ELECTION and CER ELECTION
1. UNION ELECTION
a. Held pursuant to the union’s consti and BL and the right to vote
is enjoyed ONLY BY UNION MEMBERS. (inless otherwise
authorized)
b. Union affairs and elections cannot be decided in a non-union
activity
2. Certification election
a. The process of determining through secret ballot the SEBA of
the employee
b. Union member belongs to approp bargaining unit is entitled to
vote
c. Purpose of Cert elec is to ascertain w/n a majority of employees
wish to be represented by a labor organization and in the
affirmative by which particular labor org
 vi. Admission and Discipline of members
1. ULP to restrain coerce..
2. Any employee whether employed for a definite period or not shall
beginning on his first day be considered an employee for purposes of
membership in any labor union
3. No LO shall knowingly admit as members or continue membership any
individual who belongs to subversive organization
4. Mother union has right to investigate members of local union affiliated to
it and if found guilty, expel such members
vii. Due Process
viii. Elections of Officers
1. Procedure in ABSENCE OF PROVISIONS IN CONSTI AND BL
a. Within 60 days before expiration of incumbent, the president
shall constitute a committee of at least 3 members who are not
running for any position in the election provided that if there are
identifiable parties within the LO each shall have equal rep
b. Upon consti, members shall elect chairman of committee among
themselves. In case of disagreement, the president shall
designate the chairman
c. Within 10 days from consti the committee shall exercise the ff
powers and duties
i. Set date time venue of election
ii. Prescribe the rules on qualification and eligibility of
candidates and voters
iii. Prepare and post the VOTERS LIST and List of
qualified candidates
iv. Accredit the authorized representatives of the
contending parties
v. Supervised actual conduct of election and canvass
vi. Keep minutes of proceedings
vii. Be the final arbiter of all election protests
viii. Proclaim the winners
ix. Prescribe such other rules as may facilitate the orderly
conduct of election
d. On dispute over conduct of election – It is necessary that at least
30% of members of LO may file a petition for the conduct of
election of their officers with the Regional office that issued their
cert of registration. In case of federations, the pet shall be with
the Bureau or the regional office but shall be heard and resolved
by the Bureau.
e. Preelection conference and conduct of election
f. QUALIFICATION – No qualification requirement for candidacy to
any position shall be imposed other than membership in good
standing
g. DISQUALIFICATION – no person convicted of crime involving
moral turpitude shall be eligible
h. MANNER OF ELECTION – members shall directly elect their
officers in the local union as well as their national officers in the
national union or federation to which they or their national union
 or federation to which they or their local union is affiliated by
secret ballot at intervals of 5 years
i. DIRECT ELECTION
ii. SECRET BALLOT
i. TENURE – 5 years
j. COMPENSATION – not paid any compensation other than
salaries and expenses due to their positions as specifically
provided in consti and BL or in a written reso duly auth by
majority of members
k. WHO MAY VOTE – only members of union for election of
officers
l. CASE: Manalad v Trajano – Even if the disqualification could be
justified the candidates of petitioners cannot be declared as
winners of disputed election. Mere fact of obtaining second
highest does not mean they will be considered as elected if the
true winners are disqualified.
2. SHOP STEWARD – field representative of both company and union and
acts as an independent arbiter of all complaints brought to his attention.
A union official elected to represent members in a plant or particular
department.
a. Nature of role – It is a position within the union and not within the
company. It is appointed by union in a shop dept or plant and
serve as rep of union, charged with negotiating and adjustment
of grievances of employees with the supervisor of the employer.
He is the representative of the union members in a building or
other workplace
b. Understood to be a union officer – plays important role in
grievance.
c. Occupies position of trust. May be an elective official within union
or key admin personnel within the same class as union officer,
agents and rep.
d. Duties:
i. Collection of dues
ii. Recruitment of new members
iii. Initial negotiations for the settlement of grievances
iv. Responsible for receiving complaints to the immediate
supervisor of the employee concerned.
e. Major Policy Matter – matter which affects the entire membership
i. GR – members determine by secret ballot after due
delib of any question of major policy affecting entire
membership of org
ii. EX – Unless nature of organization or force majeure
renders such impractical
1. When it applies – board makes decision in
behalf of general membership
iii. When General Assembly required
1. Voluntary dissolution
2. Major policy matters
 3. Application of union funds to purposes other
than those expressly authorized
4. Compensation of Officers
5. For special assessments and extraordinary fees
iv. CASE: Halili v CIR
1. Retainers contract appears anomalous and
illegal and unethical considering:
a. Contract was exec only between atty
and union
b. It was not a contract with general
membership only 14% rep
v. CASE: Abaria v NLRC
1. To disaffiliate requires majority vote in secret
balloting
f. UNION FUNDS
i. PAYMENT OF ATTY FEES
1. Non lawyers may appear before commission or
any LA only if
a. They rep themselves
b. If they rep their or or members
2. No Atty fees nego fees or any charges arising
fom CBA shall be imposed. It may be charged
against union funds in amount AGREED UPON
BY PARTIES. Any contract agreement or
arrangement to contrary shall be null and void.
ii. Atty Fees – In case of unlawful withholding of wages,
culpable party may be assessed AF of 10% of amount
of wages recovered
1. It shall be unlawful to demand or accept
exceeding 10% of amount of wages
iii. TWO CONCEPTS of AF
1. ORDINARY – reasonable compensation paid to
lawyer by his client for legal services which
former renders
2. Extraordinary – deemed indemnity for damages
ordered by the court to be paid by the losing
party for the winning party.
3. NOTE – Art 111 of LC contemplates
extraordinary concept
iv. PAYMENT OF SPECIAL ASSESSMENT
1. Check off – a process or device whereby the
employer on agreement with union recognized
as the proper bargaining representative or on
prior authorization from the employees, deducts
union dues or agency fees from the latter’s
wages and remits them directly to the union. Its
desirability in a LO is quire evident
a. The Union is assured thereby of
continuous funding.
 b. The system is primarily for benefit of
union and indirectly for indiv employees
2. GR: No special assessment or other
extraordinary fees may be levied
3. EX: Unless authorized by written reso of majority
of members of meeting duly called for purpose
4. Requisite for validity of special assessment etc
a. Authorization by written resolution of
majority of members meeting called for
purpose
b. Secretary’s record of minutes
c. Individual written authorization for check
off duly signed by employees concerned
3. Union Information/Obligation
a. Duty of LO to inform members
i. Prov of vonsti and bylaws
ii. CBA
iii. Prevailing Labor relations system
iv. Rights and obli under existing labor laws
b. Hence may assess reasonable dues for seminars and labor educ
4. Enforcement and remedies – procedure jurisdiction and sanctions
a. Violation of rights and conditions of membership ground for
cancellation or expulsion of officers, 30% memebers
b. Reportorial requirements
i. Consti, by laws or amendments
ii. List of officers, minutes of election of officers and lsit of
voters within 30 days from election
iii. Annual financial report
iv. List of members at least once a year or whenever
required
c. Failure of above not ground for cancellation but subject erring
officers or members suspension, expulsion etc
d. Visitorial power – SOLE or rep inquire on financial activities
supported by written consent of at least 20% Such inquiry not
conducted during 60 days freedom period nor within 30 days
immediately preceding date of election
e. Penalties: 1k to 10 k or imprisonment of not less than 3 months
or more than 3 years
i. Alien summarily deported
ii. Crim offense concurrent
f. Cancellation for non reportorial – within 5 consec years despite
compliance notice sent.
i. Procedure – Bureau send for verification of records
ii. When no response within 30 days, warning.
iii. When no response within 30 days 2nd notice with
warning
iv. Where no response again 30 days , bureau cause
publication of cancellation of registration in two
newspapers of gen circ.
 v. No response 30 days – order cancellation of
registration
vi. Conditions for admin cancellation:
1. No-compliance is for a continuous period of 5
years
2. The procedures laid down In this rule were
complied with
3. The labor organization concerned has not
responded to any of the notices sent by the
Bureau or its notices returned unclaimed.
vii. NOTE – visotrial powers refer only to the financial
acitivities and records requiring sworn comlaint of 20%
g. EXPULSION
5. UNION LEAVE
ix. UNION CHARTERING and AFFILIATION: LOCAL AND PARENT UNION
RELATIONS
1. Purpose: Affiliation is to increase by collective action the bargaining
power in respect of the terms and conditions of labor
a. Independent Union/Local Union – operating at the entrerprise
leve that required legal personality through independent
registration
b. Local/Chapter – LO in the private sector operating at enterprise
level acquired personality through registration with regional office
c. Affiliate – independent union affiliated with a federation etc wjich
was granted but did not disaffiliate.
d. National Union or Federation – group of LLO organized for CB or
for dealing with employers concerning terms and conditions of
employment
e. Trade Union Center – Groups of registere National Unions or
Federation organized for mutual aid and protection of its
members for assisting such members in CB or participating in
the formulation of social and employment policies, standards,
and programs
2. Supervisory Rank and File Union Affiliation
a. Principle of separation of Unions/effect of violetion on legitimacy
of LO
i. Not gound for cancellation. Only said employees
automatically removed from list
3. LOCAL UNION DISAFFILIATION – Nature of right and legality
a. A local union being separate and voluntary assoc is free to serve
interest of all members including freedom to disaffiliate when circ
warrant – consistent with consti guarantee of freedom of assoc
i. Issue of disaffiliation is an inter-union conflict the juris
of which properly lies with BLR
ii. Disaffilation from federation alleged as an act of
disloyalty not a sufficient ground for dismissal from
employment.
b. Sole essence of affiliation – the local unions right to
disaffiliate/declare autonomy
 i. Sole essence of affilation – to increase common
bargaining power
ii. Local unions remain the basic units of assoc free to:
1. Serve their own interests subject to restraints
imposed by consti and by-laws of national
federation
2. TO renounce the affiliation upon the terms laid
down in agreement which brought such
affiliation into existence
3. To disaffiliate is a right but to observe terms of
affiliation is an obligation
iii. GR: Local may dissociate with parent union
iv. EX: When there is specific provisoion in federation
consti prohibiting disaff or declaration of a autonomy of
a local union
v. EFFECTS OF DISAFF
1. Legal status - when not independently
registered – not entitled to rights of LLO
2. On union dues – federation no longer entitled to
remittances of union dues deducted by employer
3. On existing CBA – continuous to bind the
members of the new or disaffiliated and
independent union up to expiration of CBA
4. Substitutionary doctrine – employees cannot
revoke a validly exec CVA with employer on
ground that changing their bargaining agent.
The new agent must respect the contract.
c. Mass disaffiliation
i. Must be majority decision
d. Period
i. Only during the 60 day freedom period immediately
preceding the expiration of CBA
1. EX – LU has the right to disaffiliate from mother
union when circumstances warrant (shift of
allegiance on members etc)
17. THE APPROPRIATE COLLECTIVE BARGAINING UNIT
a. Law and Definition
i. Exclusive representative of the employees in such unit for purpose of collective
bargaining. However an individual employee or group shall have the right to
present girevances to their employer at any time.
ii. CB is just one of forms of employee participation. Real edn goal is EMPLOYEE
PARTICIPATION
iii. CBU – group of jobs and jobholders represented by the recognized or certified
union when it bargains with employer
iv. Approp bargaining unit – group of employees of a given employer which
comprised all or less than all of entire body which the collective interest of all the
employees consistent with equity to the employer indicate to be best suited to
serve reciprocal rights and duties of the parties under the CB provisions of law.
1. Bargaiing is appropritate if ts members have substantially common
concerns and interest
2. ABU – group sharing mutual interest within an employer unit comprised
of all or ess than all in the employer unit or any specific occupational or
geographical grouping within such employer unit
3. Determination of ABU proper constituency:
a. Lies in discretion of the bureau, no individual factor governed by
law.
b. Factors – Unit determination
i. Leads to determination of
1. Employees who can vote in the cert elec
2. EE to be represented in the bargaining with the
ER
3. EE who will be covered by CBA
ii. Factors in making judgment on community of interest
1. Similarity in scale and manner of determining
earnings
2. Similarity in employment benefits hours of work
and other terms and conditions of employment
3. Similarity in kindsof work performed
4. Similarity in qualifications, skills and trainin of
employees
5. Frequency of contract or interchange among
employees
6. Geographical proximity
7. Continuity or integration of production processes
8. Common supervision and determiniation of labor
relations policy
9. History of CB
10. Desires of affected employees
11. Extent of union organization
12. Will of the employees
13. Employment status
iii. NOTE: no one particular factor is itself decisive of
determination and weight varies in accordance with
question
4. COMMUNITY OR MUTULAITY OF INTEREST TEST
a. Basic test of bargaining Unit;s acceptability/appropriateness
i. Whether it will best assure to all employees the
exercise of the collective bargaining rights. The most
efficacious bargaining unit is one which is comprised
of constitutent enjoying a community of interest
b. Community of interest – reflected in groups having substantial
similarity of work and duties or similarity of compensation and
working conditions.
5. UNIT SEVERANCE AND GLOVE DOCTRINE
a. Desires of the EE; the Globe doctrime
i. Modern complexity of employerunion relations
structure has rendered difficult the determination of
 ABU. Thus it became necessary to consider the
express will or desire of the employees – a practice
designated as Glove doctrine which SANCTIONS THE
HOLDING OF SERIES OF ELECTIONS, not to allow
the group receiving an overall majority in each of the
several categories to selct the group which each
chooses as bargaining unit
ii. Desires of employees are relevant in determination of
ABY.
iii. Bargaining units may be formed through separation of
new units from existing ones whenever plebiscites
show workers desire to have their own rep
iv. Remedy- referendum
6. Prior COLLECTIVE BARGAINING HISSTORY
a. Neither decisive nor conclusive. Still the test is commonality or
mutuality of interest
7. Size and Unity and Effect of Self organization
8. CBA COVERAGE
a. Question of cfact but law and contract also
9. Effect of Prior agreement
a. CAannot enjoin the inclusion of members to the CBU or the
formation of unions. TO do so would be curtailment of right to SO
10. Effect of including employees outside the BU/Mixture of RAF and
Supervisory
a. Auto removal
11. Difference between concept of a Union/LLO and a BU
a. Two corpo cannot be treated as a single bargaining unity even if
businesses are related
b. UNION?LLO – employees organizing for the purpose of CB or of
dealing with employers on terms and conditions of employment
c. BU – Group which the collective interest of all the employees
indicated to be best suited to serve reciprocal rights and duties of
parties under the collective bargaining provisions of the law
d. NOTE: There may be several unions n one bargaining unity
12. Significance of distinguishing a CBU from Union
a. Cert election, votiers are the CBU whether union or non union
members
b. In CBA ratification, the voters are the union not just the union
members
c. Instrike voting, voters are the members of the union not all the
units
v. Determiining agency – BLR
1. BLR has authority to hold a referendum election among the members of
a union for the purpose of determining whether or not they desire to be
affiliated.
2. An election contesting the majority status on the encumbent union shall
be allowed only during thefreedom period (Last 60 days of the ffifth year
of CBA)
18. UNION REPRESENTATION: ESTABLISHING UNION MAJORITY STATUS
a. Pre-condition: Er-EE relationship/REPRESENTATION ROLE
i. CASE Allied Free Workers Union (PLUM) v Compania
1. Duty to bargain exists only bet employer and employees however
negotiations are between employer and representiatives
2. In case no EE ER, there is neither a duty to bargain to speak of and no
duty to hold cert election
ii. Individual EEs/Group of EEs – right to present grievances to ER
1. Presence of an employee’s organization does not replace the
employee’s right to puruse griecances. Each employeer etains right to
deal with his employer and vv. The fact that LO rep the employee do not
mean that employer can act only with the rep.
2. CASE: Tabigue v INTERCO
a. Only disputes involving the union and the company shall be
referred to the grievance machinery or voluntary arbitrators
b. An individual employee or group of employees shall have the
right at any time to present grievances to their employer. – the
roght at any tie tp present grievances to the employer does not
imply the right to submit the same to VA
iii. Labor-Management Council
1. Workers, and employers may for LMC for participation in policy and
decision making processesof SOLE
a. Europeran influence
2. LMC is versatile, can exist where there is no union or coexist with a
union. BUT IT CANNOT REPLACE A UNION
3. Can deal with the employer on matters affecting employees rights
benefits and welfare, dealing with employer is broader feer and less
threatening than CB
4. CASE: Cirtek v Cirtek
a. LMC should not be used as an avenue for barganining but for
the purpose of affording workers to participate in policy and
decision-making.
b. METHODS OF ESTABLISHING MAJORITY STATUS
i. Request for SEBA Cert in unorganized estb with only one LLO
1. Submit:
a. Names of employees covered bargaining unit to signify support
for cert
b. Cert under oath by the president of the requesting union or local
that all docs submits are true and correct based on his/her
personal knowledge
i. Presumed true and correct unless contested under
oath
2. Action of regional director
a. Issue during the conference a certification as SEBA enjoying
rights and privileges
b. Cause the posting of the SEBA for fifteen consec days
ii. Request for SEBA Cert in unorganized establishment with more than one LLO
1. Refer the same to election officer for conduct of certification election
iii. Request for SEBA cert in organized establishment
 1. Refer the same to the Mediator arbiter for the determination of the
proprierty of conduct of cer t election
2. UNORG EST WITH ONLY ONE LLO
a. Reg director will call a conference for the submission of
requirements and if he finds the requirements complete, shall
issue during the conference a certification as sole and exclusive
bargaining agent
3. UNORG EST MORE THAN ONE LLO
a. RD shall referd the sme to the election officer for the conduct of
cert election
4. ORGANIZED EST – RD shall refer the same to the Med Arbiter for the
determination of the the propriety of conducting a cert election
c. Effect of SEBA Certification
i. Upon issuance of the certification as SEBA the certified shall enjoy all rights and
privileges.
1. Cert sgakl BAR THE FILING OF A PETITION FOR cert elem for 1 year,
any LLO may file by cert elec unless a CBA between was executed
2. CASE: Sta Lucia v SOL – employer may voluntary recognize the
representation status of a union in unprganized establishements. SLECC
voluntary recog of SMSLEC, subsequent negotiation of CBA exec are
void and cannot bar the present cert elec.
a. Employers MAY NO LONGER VOLUNTARY RECOGNIZE
UNIONS IN UNORGANIZED ESTABLISHMENTS. This ruling
now overturned
d. ELECTIONS
i. CERTIFICATION ELECTION
1. Organized est – when verified petition questioning majority is filed, Med
arb shall automatically order an election by secret ballot when verified
petition is supported by at least 25% OF ALL EMPLOYEES in
bargaining unit.
a. To have a valid election mast have at least a MAJORITY OF
ELIGIBLE VOTERS IN UNOTS MUST HAVE CAST THEIR
VOTS.
b. Total number of votes at least 50% of number of votes cast
2. Employer as BY STANDER strictly observed
3. ORGANIZED EST – where THERE EXIST A RECOGNIZED OR
CERTIFIED SEBA.
a. In doubt whether a union representes majority – in absence of
legal impediment, the holding of cert elec is the MOST
DEMOCRATIC METHOD OF DETERMINING THE employee’s
choice of their bargaining representative.
b. Process of CERT ELEC because it serves as the OFFICIAL
RELIABLE AND DEMOCRATIC BASIS for BLR TO
DETERMINE AND CERTIFY THE UNION that shall be exclusive
bargaining rep
c. DIRECT CERT NO LONGER ALLOWED
4. NOTE – cert elec may be SET ASIDE FOR MISSTATMENETS MADE
DURING CAMPAIGN WHERE:
a. Material fact has been misrepresented in campaign
 b. An opportunity for reply has been lacking
c. The misrepresentation has had an impact on the free choice of
employees participating in the election
ii. CONSENT ELECTION – voluntarily agreed upon by the parties with or without
the intervention of the department
1. Upon agreement, Med arbiter shall forward the records of the petition to
the regional director or his her auth rep for determination of election
officer.
2. First pre election conference within 10 days from date of consent
3. To afford informed hoice on local`chapter – the local chapter shall secure
its cert of elec at least 5 working days before the date of consent election
4. Number of hearings – as many hearings as may be deem necessary but
not exceed 15 days from date of preliminary conference
5. CONSENT ELEC not mentioned in LC BUT IN IRR
6. EFFECT
a. Bar a holding of cer elec for 1 year from holding
7. CERT ELEC and CONSENT – both refer to the proess of determining
through secret ballot the Sole and exclusive representative of employees
in an approp bargaining unit for CB or nego
8. CERT ELEC is ORDERED BY DEPARTMENT
9. CONSENT – agreed upon with or without intervention
iii. RUN-OFF ELECTION
1. Election between the labor unions with TWO HIGHEST NUMBER OF
VOTES IN A CERTIFICATION OR CONSENT ELECTION WITH THREE
OR MORE CHOICES where such a certified or consent results in none
of the three or more choices receiving majority of the valid votes cast
a. Provided that the total number of votes for all contending unions
is at least 50% of the number of votes cast
b. NO UNION IS NOT A CHOICE
2. REQUISITES
a. A Valid election took place because of majority of the CBU voted
b. Election presented at least 3 choices
c. Not one of the unions obtained majority of valid votes
d. Total number of votes is at least 50%
e. There is no unresolved challenge of voter/election protest
iv. RE-RUN ELECTION
1. When a certification, consent or run off results to a TIE
v. Venue of petition: OFFICE WHICH ISSUED THE CERT OF REG
e. CERTIFICATION ELECTION – PROCESS
i. Union as initiating party
1. Organized establishment – enterprise where there exist a recognized
CERTIFIED SOLE AND EXCLUSIVE BARGAINING AGENT
a. When to file – anytime
i. Exception
1. Voluntary recognition has entered or a valid
certification, etc has been conducted within 1
year
2. When duly certified union has commenced and
sustained nego in GF with the empoyer
 3. When a bargaining deadlock has been
submitted to conciliation or arbitration or had
become subject of valid notice of strike or
lockout
4. When a CBA between employer and recogn
agent has been registered
b. Petition before the freedom period (EITHER PARTY MAY serve
a written notice to terminate or modify the agreement at least 60
DAYS PRIOR TO ITS EXPIRATION DATE)
i. Failure of party to appear in hearings when notified or
to file pleading shall be deemed WAIVER OF RIGHT
TO BE HEARD
c. Petition beyond freedom period
i. SHOULD BE DISMISSED OUTRIGHT
2. FILING PARTY
a. Who?
i. Any LLO including a national union or federation
ii. Local`chapter itself
iii. Employer when it requests to bargain collectively in a
bargaining unit where no registered CBA exists
b. IN ALL CASES BYSTANDER RULE APPLIES
3. FORM OF PETITION – shall be in writing, verified under oath by
president of petitioning labor organization. Where filed by local or affiliate
– under oath of the president or duly authorized rep contain the ff:
a. Name of pet, address, affiliation if approp
b. Name address nature of busieness
c. Description of bargaining unit
d. Approx number of employees
e. Names and addresses of other legitimate labor unions in the BU
f. Statement indicating any of the ff circ
i. That bargaining unit is organized or that there is no
registered CBA
ii. If there exist a duly registered CBA, the petition is filed
WITHIN THE SIXTY DATY FREEDOM PERIOD
iii. If another union had been previously recognized
voluntarily or certified in a valid certification, consent,
run off election
g. OTHER Relevant facts
4. SUBSTANTIAL SUPPORT/SIMULTANEOUS SUBMISSION (Directory)
a. Note in organized est the signature of 25% of all employees shall
be attached to the petition at time of filing
i. Failure to do so ground to dismiss said petition
b. CASE: Oriental Tin can v SOLE
i. Waiver presumption that the withdrawal was not free
but through duress, coercion or for valuable
consideration
c. CASE: Port Workers Union of PH v Laguesma
 i. 25% consent signatures upon filing should not be
strictly applied to frustrate determination of legitimate
representative.
ii. Regulation should be at best DIRECTORY EFFECT
5. EFFECT OF MEMBERS’ RETRACTION ON PETITION
a. Time of withdrwala: Before filing – presumed VOLUNTARY
i. After filing – CONSIDERED INVOLUNTARY AND
DOES NOT AFFECT THE SAME
b. If withdrawal from union after petition has been filed does not
vitiate the petition – is it not but logical that such withdrawal
cannot work to nullify the registration of the union?
6. FORCED INTERVENTION – Incumbent bargaining agent shall
automatically be one of the choices as FORCED INTERVENOR
a. Organized Est – Any Legit labor union other than the bargaining
agent operating may file a motion for intervention DURING THE
FREEDOM PERIOD
b. Unorg Est – motion shall be filed at any time prior to the decision
of the Med arbiter
7. UNORGANIZED ESTABLISHMENT
a. When – anytime – decided within 20 working days. Cert elec –
20 days in acc with R and R
ii. THE ER AS INITIATING PARTY/BYSTANDER RULE
1. When ER may file a pet for cert election
a. When ER requests to bargain collectively
b. If there is no existing certified CBA in the unit
2. Employer as bystander – in all cases shall not be a party thereto with a
concomitant right to oppose a petition for cert elec
3. Employers participation is limited
a. Being notified or informed of petitions of such nature
b. Submission of LIST of employees during pre-election conference
should med—arb act favorable on petition
4. GR: Bustander and cannot oppose
5. EX – When employer is requested to bargain collectively
a. Employer is not a party to a cert election which is the sole or
exclusive concern of the wrkers.
b. Participation deserves no encouragement
c. Neutral bystander
6. Employer involving itself in cert elec lends to suspicion that it wants to
create a company union
iii. Grounds for denial of petition
1. Petitioning union or national union is not registered or registration cert
has been cancelled with finality
2. Failure of local/chapter, national union/federation to submit a duly issued
charter certificate upon filing of petition
3. Filing oe petition before or after the freedom period
4. Filing petition within 1 year from date of recording of voluntary
recognition or same period from valid certification, consent or run off
election
 5. Where duly certified union has commenced and sustained negotiatitions
or where there exists a bargaining deadlock which has been submitted to
conciliation or arvitration
6. In org est – failure to submit 25% signature requirement
7. Non-appearance of the petitioner for 2 consecutive scheduled
conferences before med-arb
8. Absence of employee-emplyer relationship
iv. Prohibited ground for denial
1. Inclusion of members outside bargaining unit not ground for cancellation
– auto removal lang
v. Ancillary issues
1. Pertain to
a. Existence of EER
b. Eligibility or mixture in union membersip
2. Procedure – Resolved in same order or decision granting or denying the
pet for cert elec
3. Pertain to:
a. Validity of petitioning union’s cert of reg
b. Its legal personality
c. Validity of registration and execution of CBA
4. Procedure
a. Heard and resolved by the Regional Director in an independent
petition for cancellation of its registration and not by the Med-
Arbiter in the petition for certificate election
b. EXCEPTION – Unles union is not listed in the department’s
roster of LLO or an existing CBA is not registered with the
department
vi. RESPONSIBLE AGENCY
1. BLR
a. Not entertain any petition for cert elec or any action which may
disturb the admin of duly registered existing CBA
2. Med Arbiter
a. Ordering elections by secret ballot in organized establishment
b. Conducting cert elec in unorg establishment with no CBA
c. Granting/denying the pet for cert elec except in organized
establishment where the grant of petition can only be made after
the lapse of freedom period
3. Secretary of Labor and Employment
a. Appeals from cert election orders
4. NCMB now absorbed the conciliation and mediation of BLR
vii. REQUISITES FOR VALIDITY OF ELECTION
1. Majority of all eligible voters in the unit must have cast their votes
2. Failure of election – less than
3. Eligible voter – belonging to approp bargaining unit that is subject of the
petition for cert elec
4. Double majority rule – majority of eligible voters, majority of the votes
cast
viii. Nature of proceeding
 1. Constant unwavering policy – best means of ascertaining which LO
should be the CB
ix. Certification Election - process and procedure
1. Effect of private agreement
a. Not sanctioned by LC and is abdication of fnx
2. Posting Notice
a. 10 days before actual date of election in 2 conspicuous
i. Date and time
ii. Names of all contending unions
iii. Decription of bargaining unit and list of eligible and
challenged voters
b. Posting done by DOLE personnel
c. CANNOT BE WAIVERD BY CONTENDING UNION (posting
req, info req, and duration)
d. Election officer – officer of BLR auth to conduct cert elec and
other elec
e. BUT MANDATORY 5 days posting of election notices may be
waived
i. JISSCOR v Torres – estoppel
3. Vosters’ list
a. 3 months prior to filing of petition/request shall be eligble to vote
b. One dismissed but contested can vote unless dismissal declared
valid in final judgment at time of election
c. In case of disagreement over eligibility, all contested shall be
allowed to vote but segregated and sealed
d. Eligilble/qualified voter – voter belonging to approp bargaining
unit that is subject of cert elec
4. Dismissed EEs – but has contested unless final
a. Effect of illegal dismissal – eligible to vote
5. Voting Day/Venue
a. 24 hrs from receipt of assignment –
b. Asian Design v Ferrer – REGULAR BUSINESS DAT – picketing
strike – if not affected does not make irregular
6. Conduct of election minutes of election – ONLY RELEVANT
COMPETENT EVIDENCE ON CONDUCT OF ELECTION
7. PROTEST PERIOD
a. On the spot question – raised in conduct
b. NO CASE RULE on any grounds challenging specified in the
preceding section
c. Based on conduct or mechanics of election
d. If not raised = waived
e. General reservation of protest PROHIBITED
i. PROTESTING PARTY MUST FORMALIZE 5 days
after
f. ELECTION PROCEEDINGS – period during a cert election etc
STARTING FROM OPENING TO CLOSING of the COTES
excluding PERIOD for final determination
8. APPEAL PERIOD
a. Release of order within 10 days from last hearinf
 b. Appeal within 10 days from receipt
c. If not final
d. REQUIREMENTS FOR PROTEST
i. MUST BE FILED WITH REPRESENTATION
OFFICER and MADE OF RECORD I THE MINUTES
OF PROCEEDING before close of election proceeding
ii. Formalized before med-arbiter within 5 days after
close of election proceedings
9. Nullification of election results
a. General allegation of duress not sufficient
10. Where no petition for CE is filed – Neither party shall terminate nor
modify during lifetime – but serve written notice to terminate or modify
the agreement at least 60 days prior to expiration
11. Authhority of med arbiter to determine existence ER EE relationsip – has
f. CERTIFICATION of DESIGNATED MAJORITY UNION
i. Exclusive Bargaining representative – LLU duly recognized and certified as
SEBA
g. BARS TO CERTIFICATION ELECTION
i. Ff shall be observed in CB
1. When party desires to negotiate an agreement – serve a written notice
upon other party with statement of proposal. Other party make reply not
later than 10 days from receipt
2. Should difference – request for conference not later than 10 calendar
days from request
3. If not settled, Board shall intervene upon request. Has power to issue
subpoena
4. During conciliation proceedings – parties prohibited from acts which may
disrupt or impede the early settlement of disputes
5. Board shall exert all efforts to settle disputes amicable and encourahe
submission to VA
ii. One Yeab Ban/Certification Year rule
1. Bar to cert elec – one year prior to filing of the petition for cert elec
2. Grounds for denial of pet – filing of pet within 1 year from date of
recording of Coluntary recog where no appeal on the results of
certification consent or run off is pending
3. FROM DATE OF ENTRY OF VOLUNTARY RECOGNITION
4. Not apply:
a. No cert election because first pet dismissed on ground not
include all employees who should be properly included
b. If in fact there was failure of election bc less than majority
c. Where elections invaid
d. Second elections held among a group not participated in first
elec and not given opportunity to rep in first elections
e. Elections involving unit of employees newly created by
combining employees nt previously considered as one unit
f. Radical change in size of a bargaining unit within a short period
of timem
g. Unit clarification petitions filed during the certification year.
iii. Negotiations Bar Rule
 1. When the duly recognized or certified union has commenced negotiation
with the employer within 1 year period in the one year bar/cer elec year
rule and negotiation is on-going
iv. Deadlock (impasse/standstill)
1. Bar to cert election – has been submitted to conciliation or arbitration or
subject of valid notice of lockout
2. Grounds for denial of pet
a. Where there exist a deadlock which has been submitted
3. DEADLOCK BAR RULE – a pet for cert elec can only be entertained if
no pending bargaining deadlock
4. CB deadlock – failure in CB nego resulting in stalement
5. GENUINE DEADLOCK
a. Submission of deadlock to 3rd party conciliator/arbitrator
b. Deadlock subject of valid notice of strike/lockout
6. Artificial deadlock – collusion of employer and mahority union - not a
barrier to cert elec
7. GR – Absent CBA an employer who is requested to bargain collectively
omay file a petition for cert elec at anytime
8. EX – pet filed within1 year from date of issuance of final cert elec result
9. Bargaining deadlock submitted
v. Contract Bar Rule
1. While a valid and registered CBA is subsisting BLR is not allowed to hold
election contesting the majority status of incumbent union
2. EX – Identity of rep in doubt
3. Ratio – minimize politicking
4. When not a bar – representatitional issue
vi. Suspension of CE: Prejudicial question
vii. OPPOSITION
viii. EFFECT of PETITION FOR CANCELLATION OF TRADE UNION
REGISTRATION NOT A PREJUDICIAL QUESTION
1. Not suspend the proceedings nor prevent filing of pet for cert elec
2. Can be conducted despite pendency of petition to cancel union
registration.
COLLECTIVE BARGAINING, GENERAL CONCEPT PROCEDURES AND ISSUES

1. General Concept
2. Definition/Nature and Purposes
a. Collective Bargaining negotiations towards collective agreement
i. To stabilize the relation between labor and management and create a climate of
sound and stable industrial peace
3. Mechanics: Conditions
a. Set in motion only when:
i. Possession of status of Majority representation of the employees rep in
accordance with any of the means of selection or designation provided for by the
LC
ii. Proof of majority representation
iii. Demand to bargain
b. NOTE – employer’s duty to recognize and bargain collectively with the CB rep does not
arise until the union requests the employer to bargain
c. When bargain begin – upon meeting the precodnitiotions – withn 12 months following the
determination and certification of the employee’s exclusive bargaining rep
4. Bargainable issues
a. Wages, hours of work and all other terms and conditions of employment including
proposals for adjusting grievances or questions arising under such agreements and
executing a contract incorporating such agreements if requested by either party but such
duty does not compel any party to agree to a proposal or to make any concession
b. Juris – CBA prov void if it condones implementation of wage order contravening mandate
on wage increase since it is only the Tripartite Wge productivity board that could approve
exemption from wage order
c. Juris- if plan part of CBA nego since dati – it is a valid issue in CBA negotiation
i. Mandatory subjects of CB
1. Wages and other compensation
2. Working hours days and shifts
3. Vacations and holidays
4. Bonuses
5. Pensions and retirement
6. Seniority
7. Transfer
8. Lay-offs
9. Employee Workloads
10. Work rules and regulations
11. Rent of company houses
12. Union security agreements
ii. Permissive subjects of CB
1. Employer cannot insist inclusion of provision outside the scope of the
statutory bargaining subject even in GF
2. If covers a mandatory subject a party cannot refuse to bargain or
contract
3. If said matter does not cover a mandatory subject a party MAY refuse
4. Juris – bad faith canot be inferred from a party’s insistence on the
inclusion unless it is trivial matter
5. Bargaining Procedure
a. Pricate procedure
i. In the absence of agreement providing for expeditious CB, duty of employer and
rep of employees to bargan in acc with code
ii. Proce
1. When party nego an agreement, shall serve written notice upon the other
party with statement of its proposal. Other party shall make a reply not
later than 10 calendar days from receipt of such notice
2. Should difference arise on notice and reply either party may request for
conference begin not later than 10 calendar das from receipt
3. If dispute not settled, board shal intervene upon request of either, both or
own initiative and call parties for conciliation meetings. Board has power
to issue subpoena and it is duty of parties to participate fully and
promptly in conciliation meeitings
4. During CM in board, parties are prohibited from doing any act which may
disrupt or impede the ealy settlement of disputes
5. Boar shall exert all efforts to settle dispute amicably and encourage
parties to submit case to VA
iii. Privilege communication
iv. Grievance machinery and VA
1. CBA shall include provisions that will ensure mutual observance of T and
C
2. All submitted to GM if not settled within 7 days shall be referred to VA
automatically
3. Juris – no particular setup for GM mandated by law. But only a single
grievance machinery
v. SINGLE ENTERPRISE BARNGAINING
1. Submit writted intention together with proposal for CB
2. Law gives primacy to free CB and allows parties to devise own
bargaining rules. Agreed rules are procedurel law bet parties
vi. MULTI EMPLOYER BARGAINING
1. LLA and employers may agree in writing to come together for the
purpose of CB provided
a. Only legit Labor unions whoare incumbent EBA may participate
and nego
b. Only employers with counterpart Legit LU who are incumbent
may participate
c. Only those LLU who pertain to employer units who consent may
participate in multi employer
b. Labor Code Procedure
a. LLU shall collectively execute a written agreement containing
i. Names of LU desiring multi employer bargaining
ii. Each LU in the Employer unit
iii. Fact that each LU are incumbent EBA for their
respective employer
iv. Duration of CBA
b. Send notive to this effect to each employer concerned
c. Desring employers submit:
i. Names of employers who desire
ii. Corresponding LLO
 iii. Fact that each corresponding LU is any incumbent EBA
iv. Duration of current CBA if any
d. Each employer and LU shall express its willingness or refusal to
participate in multi employer bargaining in writing
e. During course f nego, consenting empoters and LLU shall
discuss and agree
i. Manner by which nego proceed
ii. Scope and coverage of nego and agreement
iii. Where approrpaite the effect of nego on current
agreements or conditions
c. Conculation/ Preventive Mediation
i. If dispute not setltled, board shall intervene at request or own initiatve
ii. Prohibted from doing act to impede…
d. Duty to bargain
i. Arises only between the employer and employees
ii. ULP to deny duty to bargain
iii. NATURE OF DUTY TO BARGAIN
1. CBA is a product of mutual consent and not of compulsion
iv. TWO GOALS OF CB
1. Stabilize L-M relations
2. Eliminate Industrial Strife
3. Juirs- There must be sincerity in overcoming obstacles
a. Duty boynd to keep status quo and continue and terms and
conditions of existing CBA.
6. THE COLLECTIVA BARGAINING AGREEMENT
a. Refers to contract between LLU and employer concerning wages, hours of wrk and other
terms and condtions of employmeny In a bargaining unit
b. Effect of substandard contract
i. Before – ground for cancellation of union registration
c. REGISTRATION
i. Bureau shal maintain a file of all CBA and other agreements and records of
settlement of labor disputes and copies of orders and decisions of VA
ii. Within 30days fro exec of CBA, parties submit copies to bureau or reg office of
DOLE.
iii. DOLE shall act on application within 5 days. Bureau shal assess employer for
every CBA a reg fee of not less than 1k or as may be deemed appropriate
iv. Where to file – Regional office
1. Multi empoyer – Bureau
v. Requirements –
1. Duplicates 2 copies
2. CBA
3. Sttement that the CBA was posted in 2 conspcious places within 5 days
before ratification
4. Statement that CBA ratified by majority of the employees
d. EXECUTION OF CONTRACT
i. Practice – sequence depends on likelihood of ratification as adjudged by union.
ii. Effect of registration
 1. A petition for cert elec cannot be filed when a CBA between the
employer and duly recognized or Certified Barg agent has been
registered. Only in the freedom period
2. The med arbiter may dismiss petition for CE if petition filed before or
after the bargaining peruid
3. Failure to reg CBA does not make it invalid or unenforceable. It renders
the contract bar rule inoperative
iii. BENEFICIARIES
1. Extend even to non union members as CBagent repres akll EEs
iv. Minutes of negotiation
1. When proposal never embodied in CBA, rpromise remains just a promise
2. Dapat incorporated in the CBA and not merely in the minutes
v. Interpretation admin and enforcement
1. The relation is not merely contractual – impressed with public interest
2. Stipulations must be read together and not in isolation from one another
3. NATURE
a. CBA – law between parties
i. If clear and unambiguous
ii. MP is not ulimited but subject to limitations in law CBA
and fairness and justice
b. Luberal construction in case of doubt
c. Grievance procedure
i. Grieavance – any question by either employer or union
regarding interpretation or application of CBA or
company personnel policies or any claim by either party
that the other is violating prov of CBA or company
personnel policies
ii. Note – grievance is to be applied in loose or generic
sense - any thing may be a grievance weven without
union or CBA
iii. All grievances arising from interpretation or
implementation of CBA or personnel policies are
compulsorily subject to GM
iv. Bypassing GB is ULP
d. Voluntary arbitration
i. Contracutal proceeding whereby the parties to any
dispute in controversy in order to obtain a speedy and
inexpensive final disposition of the matter involved
ii. Where Grievance remains unresolved, either party may
serve notive upon the other to submit the issue to VA
iii. ARBITRABLE DISPUTES
1. Contract-negotiatiton
2. Contract Interpretation
e. Contract infirmirty
f. Contract ambiguity
i. Resolved in favor of the union
g. Contract interpretation when general and specific provisions are
inconsistent
i. Specific provision shall be paramount
h. Contract duration and renewal
i. Term of five years. Question majority status of
incumbent bargaining agent on last 60 days prior to
expiry of five year CBA.
ii. All other provisions of CBA shall be renegotiated not
later than 3 years after execution
iii. Anything entered within 6 months from date of expiry
shall retroact from such days
iv. Continue recognize majority status where no pet for cert
elec filed
v. Contract bar rule – No question of majority status of
incumbent otusde the 6 dya period preceding expiry date
of the 5 year term
vi. Re nego not later than 3 years after execution
vii. Notes:
1. Effectivity date f CBA dapeds if first CBA or
renegotiated CBA
a. First ever – whatever parties agree on
b. Renego or to replace expired one
i. If CBA within 6 months from
expiry – retroact
ii. If no new CBA completed within
6 months – parties have to
agree if it would retroact
2. Duration or lifespan depends whether the
provision is representational or non
representatiational
viii. Hold over principle
1. Continue to recog majority status until pet for
cert
i. CBA and 3rd party liability
i. GR – no law requiring bon afide purchaser of assets oof
an ongoing concern to absorb in its employ the
employees of latter
ii. E – although the purchaser of the assets or entreprise is
not legally bound to absorvb in its employ the employees
of the seller of such assets or enterprise, the parties are
liable tot eh employees if the transaction between the
parties is colored and clothed WITH BAD FAITH.
1. Must be motivated by GF to be exempt from
liability
j. CBA and disaffiliation/substitutionary doctrine
i. Disaffiliation does not affect an existing CBA and CBA
continues to bind the members of the new or
disaffiliatioed and independent union up to expiration of
CBA
ii. Substitutionary doctrine – employees cannot revoke
existing CBA contract on the basis that a new bargaining
agent. New agent must respect the contract.
k. Jurisdiction
i. Termination cases arising in or resulting from
interpretataion and implementation of CBA or policies
initially processed in the Grievance procedure, if filed in
LA, dismiss by LA for lack of jurisdiction.
1. Plenary juris of VA
a. Exclusive and original juris over
termination disputes
b. EXCEPTION – Art 262
i. Jurisdiction of LA
ii. Jurisdiction over other Labor
disputes
c. EMPLOYERS RIGHT TO CONDUCT
DISCIPLINARY PROCEEDINGS VIS A
VIS VA
i. MP not unlimited, subject to
limitations in law, CBA firaplay
and justice
ii. Remedy on denial of MTD is to
submit position paper and raise
therein LOJ. If not, appeal to
NLRC on ground of GAOD
2. Plnary juris of VA
a. Over the interpretation of the agreement
to arbitrate, to determine scope of own
authority subject to certiorari jurisdiction
of SC
b. GR – VA expected to decide only
questions expressly delineated by the
submitted agreement
c. E - Assume that they have the
necessary power to make a final
settlement on the related issues since
arbitration is the final resort for
adjudication of disputes
ii. Juris of LA
1. Unfair labor practice cases
2. Termination disputes
3. If accompanied with claim for reinstatement,
those cases that workers may file involving
wages, rates of pay, hours of work and other
terms and conditions of employmeny
4. Clais for actual, moral exemplary and other
forms of damages arsigingg from EER
5. Cases on violation of Art 264 inc involcing
legality of strikes and lockouts
6. Those involving amount exceeding 5k even if
without clai for reinstatement basta may EER
7. GR – Termination dispute – LA
 8. EXCEPTION – Except when parties
unmistaeably express agree to submit to VA
iii. Juris of Labor Sec
1. When there is labor dispute likely to cause a
strike affecting national interest, SOLE may
motu prop or petition by any of parties
a. Assume juris
b. Certify dispute to NLRC for compulsory
arbitration
2. Sole assumption auto enjoins impendint or
intended
iv. RTC juris

UNFAIR LABOR PRACTICE

1. In General
a. Deinitionand primary concept
i. Non abridgment of right to self org
ii. Concept of ULP and procedure for prosec
1. ULP violate consti right of workers and employees to self org are inimical
to legit interest of both labor and management
2. Not only viol of civil rights but are also crim offenses against thhe state
wwhich shall be subject to prosec and punishment as herein provided
3. Recovery of civil liab here bar recovery under CC
4. No crim prosec may be instituted without final judgment finding ULP
iii. ULP means any ULP expressly defined by the code
iv. Transgresses workers right to organize/ Acts must necessarily relate to right to
self org and to observance of CBA
b. ULP viv a vis MP exception
i. The law on ULP is not intended to deprive employer of his fundamental right to
prescrive and enforce rules as he honeslt ybelives necessary
ii. TEST whether ER interfered or coerced in exercise of self org
1. Whether the employer has engaged in conduct which it may reasonably
be said to interfere with the employees rights and that was in fact
intimidated or coerced by statements or threats of empoyer and that
there is reasomable interference that anti union conduct of employer has
adverse effect on rigt to self org
c. Requisites
i. Committed only within context of EER
ii. Act must be specifically defined in the law
1. Prejudice to PI is not an element of ULP
d. Burden of proof with the party alleging it to prove or substantiate the claims
i. Union to prove the ULP by management
e. Constrictopm amd imterpretation
i. In favor of labor
f. Inter relations of ULP ACTS FORMS OF CB
i. ULP of ER
1. To interfere restrain or coerce in exercise of right to self org
2. Require as condition that a person not join a LO or withdraw from one
 3. Contract out services or fnx performed by union members when such will
interfere with…
4. To initiate dominate assist or interfere with formation or admin of LO
5. To discriminate wages hours and others to discourage membership
6. Dismiss discharge or otherwise prejudice or discriminate against an
employee for giving or about to give testimony
7. To violate duty to bargain collectively
8. To vioate CBA
ii. Summary of ULP of ER
1. Interference
2. Yellow dog condition
3. Contracting out
4. Company unionism
5. Discrimination for or against union membership
6. Discrimination bc of testimony
7. Violation of duty to bargain
8. Paid nego
9. Violation of CBA
iii. ULP of LO
1. To restrain or coerce employees in exercise of right to self org. LOhas
right to prescribe rules with respect to acquisition or retention of
membership
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 org has been denied or to terminate an
employee on any grounother than the usual T and C under which
membership r continuation of membership is made available to other
members
3. To violate duty or refuse to bargain collectively
4. To cause or attempt to cause an employee to pay deliver or agree to pay
erc in nature of exaction for servicesnot performed or not to be
performed inc fee for negotiations
5. To ask for or accept nego or AF from employers as part of settlement
6. To viol CBA
g. Jurisdiction of LA
i. Orig and exclusive juris to hear and decide ULP cases
ii. Intra union with BLR
a. Among union members
2. Acts violative of right to self org
a. Interference restrain ang coercion
i. ULP of ER – to interfere, restrain or coerce employees in the exercise of their
right to self org
ii. ULP of LO – to restrain coerce employees to their right to self org
iii. Note – LO have right to prescribe own rules on acquitstion or retention
iv. To show employer committed ULP – substantial evid required – that a
reasonable mind might accept as adquete to support a conclusion
1. Interrogations/series of questionings regarding union membership
2. Speech, espionage economic coercion
 a. Totality of conduct doctrine – an expression might be permissibly
uttered by one ER may be hostile to another and consequently
actionable as ULP
i. Culpability is evaluated not only to basis of their
implications but against banckground of an in
conjunction with collateral activities
3. Concerted activities
b. Non-Union Membership or withdrawal from membership as condition of employment
(yellow dog contract)
i. ULP of ER – to require
ii. Yellow Dog contract – promise exacted from workers as condition of employment
that they are not to belong to or attempt to foster a union during period of
employment
1. A rep by the EE that he is not a member of LU
2. A promise by EE not to join LU
3. A promise by EE that upon joing LU he will quit employment
c. Contracting out to discourage unionism
i. It is the ill intention that makes it ULP but not by itself
d. Company domination of union
i. Company Union – LO whose formation, fncx, admin assisted by any act
ii. Domination of LU usually manifests in the ff
1. Intiation of the company union idea
a. Outright formation by ER or rep
b. EE formation on outright demand or influence by the ER
c. Managerially motivated by EE
2. Financial support to union
3. Employer encouragement and assistance
4. Supervisory assistance
e. Discrimination to encourage/discourage unionism
i. Nothing in LC or any law that stop parties requiring membership in a recognized
CBA as a condition for employment
ii. Discriminatory discharge
1. ULP:
a. Dismissal of laborer on account of the union activities of his
brother
b. Discharge of EE due to union activities of wife
c. Discharge of wife due to union ax of the husband
2. Test of discrimination – necessary for the reason for the discharge be
established
iii. The finding of ULP and do not follow solely by reason of dismissal
iv. Exception – Valid discrimination: Union security clause
1. USC – generic term comprehending closed shipm, union shop,
maintenance of membership etc
a. Requires membership in union as condition to retain job
2. Closed shop – only union members can be hired by company and must
remain as union members to retain employment
v. EE excluded from closed shop
1. Bona fide member of religious org prohibiting them
 2. Already in the service and already members of a LU other than the
majority union at time the closed shop agreement took effect
3. Confidential EEs excluded from the rank and file bargaining unit
4. EEs excluded from closed shop by express agreement
vi. Union shop – nonmembers may be hired but to retain must be a union member
vii. Maintentance of membership
viii. Termination of employment by enforcing union seciurity clause
1. Prove that
a. The USC is applicable
b. Union is requesting for the enforcement of the USC in CBA and
c. There is suff evid to support the decision of union to expel the
employee from unionm and consti as JC for terminating an
employee based on USC of CBA
ix. Collection of agency fees
1. Legal basis – quasi contractual unjust enrichment
2. Only reasonable fee equivalent to dues and other fees paid by members
of recognized collective bargaining agent
f. Retaliatory discharge or retaliation for testimony against employer/indirect discrimination
i. ULP of ER – to dismiss..
ii. Reason – right to testify is not protected, right to self org will indirecltly be
deafeated bc ER reprisal
g. Illegal exaction – featherbedding
i. To cause or to cause an employer to pay deliver or agree to pay in the nature of
exaction for services which are not performed or not to be performed including
the demand for fee for union nego
ii. Featherbedding – EE practices which create or spread employment by
unnecessarily maintaining or increasing the number of EEs used or amount of
time consumed to work on a particular job
3. Acts violative of right to CB
a. ULP of ER – to violate the duty to bargain collectively as prescribed by this code or
officers or agents as part of collective bargaining
b. To violate the duty or refuse to bargain collectively with ER
c. Violation of Duty to Bargain
i. Setting a precondition to bargaining
ii. Duty to resume negotiations
d. Negotiations or atty fees
e. Gross violation of CBA
i. Flagrant and or malicious refusal to comply with economic provisions of CBA
4. MOTIVE, CONDUCT AND PROOF
a. Employer motive and proof
i. QOF
b. Totality of evidence
5. Enforcement, remedies and sanctions
a. Parties against whom ULP committed
i. Employer – includes any person acting in the interst of an employee, directly or
indirectly. Term not include any labor org or any officers except those acting as
employer
ii. Employee – in the employ of employer Include individual whose work ceased as
a result of connection with any current labor dispute or ULP
 iii. Labor organization – exist in whole or in part for CB or dealing with employers on
T and C of employment
b. Parties liable for acts
i. Employer – only officers and agent of corpo assoc or partnership who
participated authrozed or ratified ULP criminally liable
ii. ERs responsibility for ULP of subordinates
1. If the violations were traceable back to the ER – ER responsible
2. Where facts are doubtful on ER liab ff considered
a. Knowledge by the ER of the EE improper acts
b. Continuity of improerp conduct by EE
c. ERs past policy and attitude
iii. Labor organization – only officers members of governing boards actually
participated in, authorize or ratified
c. Prosecution and prescriptive period
1. 1 year
ii. Civil aspect
1. ULP are not violation of civil rights of both labor and management but
also criminal offeses against the state
2. Civil aspect of ULP
a. Note – recovery of CL in admin pproceeding bar recovery under
CC
b. Civil aspect by which may include liability for daages may be
passed upon by a LA
iii. Crim aspect
1. Need final judgment on ULP
a. Not binding In crim case nor evid of guilt but merely as proof of
compliance
d. Compromise
i. Not subject to compromises
e. Remedies and sanctions
i. Civil remedies
1. Calims for moral, actual exemplary and other affirmative relief
ii. Appeal within 10 days from receipt of order of LA
1. If there is PF of HAOD
2. If decision by fraud coercion inc fraft and corruption
3. Made purely on QOL
4. Serious error in findings of facts are raised causing grave irreparable
damage
5. Judgment on monetary award requires posting of bond
iii. Penal remedies
1. Dismised employee entitled to moral damages when dismissal attended
by BF or fraud or act oppressive to labor or done in manner contrary to
GM, GC, PP
f. Effects of closure
i. Pay BW if ULP if due to an attempt to defeat order of reinstatement

UNION CONCERTED ACTIVITIES

1. Basis of right to engage in concerted activities

 a. Consti
b. Statutory
i. Concerted activity – activity is planned and accomplished by people acting
together. One undertaken by two or more employees or by one on behalf of
others
c. Limitations
i. Any violation of legal requirements and statures will render strike illegal
2. STRIKE
a. Definition – any temporary stoppage of work by the concerted action of employees as a
result of an industrial or labor dispute
b. Concerted – mutually contrived, or planned or performed in unison
c. Labor dispute – includes any controversy or matter concerning T and C of employment or
assoc or rep of person in nego fixing maintaining etc
d. Boycotts – concerted refusal to patronize and ERs goods or service to persuade others to
a like refusal
e. Lockout – temporary refusal to furnish work on account of labor dispute – management
may licitly undertake
f. Nature and purpose
i. Characteristics
1. Must be an established relationship bet strikers and the persons against
whom strike is called
2. Relationship must be one of ER and EE
3. The existence of a dispute bet the parties and the utilization by labor of
the weapon of concerted refusal to work as a means of persuading or
coercing
4. The contention adveacned by workers that although work ceases,
employment is deemed continue
5. There is temp work stoppage
6. Through EEs concerted action
7. Striking group is a LLO and in case of bargaining deadlock, is the EE
sole bargaining rep
ii. Objective
1. Coercive activity to enforce demands with idea that a company cannot
afford to have production or ax interrupted
iii. Ratio for regulation by law
1. Balance due to overarching public interest
iv. Scope
1. Kinds
a. As to extent
i. General – whole community, province
ii. Local or particular – part enterprise
b. As to nature of act
i. Strike proper
ii. Sitdown strike – group of employees or others interested
inobtaining
iii. Partial or quickie strike
c. As to degree of EE interest
i. Primary strike
 1. One declared by EE who have a direct and
immediate interest
ii. Seconday strike – group of EE refused in concert to
remain at work bc ER deals with a 3rd person against
whom they have a grievance
iii. Sympathetic strike – to make common cause with other
strikers in other est or companies without dispute in own
ER
d. As to purpose and nature of EE interest
i. Economic bargaining strike
ii. ULP strike
v. Effect on work relationship
vi. Types and conversion
1. Dist econ from ULP – ascertain certain requirements or strikers rights
also different cooling off periods
2. Conversion doctrine
a. A strike may start out as economic then progress to ULP or VV
3. ULP
a. Period of notice is 15 days and in absence of duly cert may be
filed by any LLO on behalf of members
4. Bargaining deadlock – Economic ULP
a. Notice of locjout with ministry at least 30 days before intended
date thereof
5. Non conversion strike to lockout
vii. Grounds
1. Bargaining deadlock
2. ULP
3. Biol of CBA except flagrant and or malicious refusal to comply with
economic provisions shall not be considered ULP and shall not be
stirekable
4. Allowable
a. CB deadlock
b. ULP of the ER
i. Union busting
1. Elements
a. Union officers are being dismissed
b. Those officers are the ones duly elected
in accordance with the union
constitution and by laws and
c. The existence of union is threatened
c. Valid strike needs a labor dispute
5. Prohibited
a. Inter union or intra union
b. Viol of labor standards except in cases
c. Any issues involving wage distortion
d. Cases pending in DOLE BLR NLRC
e. Exec oand enforcement of final orders
f. Any issue convered by no strike
6. No labor dispute – welga ng bayan
 a. Sympathetic strike.
b. Following rule that valid strike needs labor dispute – this is
illegal;
7. Assumption of jurisdiction Power of sole in national interest caes plenary
discretion
a. Necessary and usual incidental powers to effectuate extends to
all questions and controversies
b. Incidental juris
i. Power and authority to do all thongs reasomably
necessary for admin of justice within scope of juris
ii. Nothing in LC prohibits secretary fro creating ad hoc
committees to aid in reso of labor disputes after he has
assumed juris
viii. Certification order/compulsory arbitration
ix. Submission agreement/VA
x. Pendency of some issues in other cases
xi. Intra union interunion dispute
1. Inter – among LLU reg represtatiaon or any other didpsute between them
2. Tnra – among union member, BL, affiliation or chartering
xii. Include
1. Cancellation of reg of LO filed by its members
2. Conduct of election and workers assoc, nullification of election
3. Audit accounts exam
4. Dereg of CBA
5. Valinval of Union affil or disaff
6. Val inval of acceptance or non acceptance for union membership
7. Val Inval of impeachment expulsion
8. Val or Inval of SEBA CERT
9. Oppostiion to application for union and CBA reg
10. Viol of agreement over any provision in a union or workers asso cconsti
and Bylaws
11. Disagreement over chartering or registration of LO or CBA
12. Viool of rights and cinditions
13. Viols of rigshts of LLO except interpretation
14. Such other disputes or conflicts involving the rights to self or//
a. Bet and among LLO
b. Bet and among members of Union or workers assoc
g. No strike no lock out clause in CBA
i. Valid as long as the striker is economic in nature or anything that the law does
not mandate to be granted
ii. Inapplicable if grounded on ULP
iii. SC decisions on said
1. In viol of terms of CBA illegal
2. No strike probib only on economic strikes
3. Even if not legal prohiv, it is still illicit bc contrary to workers explicit
contractual commitments
4. Strike fiunded on ULP a strike declared by union not viol
5. A no strike clause not bidning on newly cert bargaining agent
h. Wage distortion
 i. Solution is voluntary nego or arbitration and not by strikes lockout etc
i. Striking party
i. Who may declare – any cert bargaining rep
ii. Only LLO can legally hold
j. Procedural requirement
i. Notice of strike with required contents filed with DOLE
ii. Cooling off period – 30 days in bargaining deadlock, 15 days in ULP
1. If union busting – no need for Cooling off
iii. Before strike commence, strike vote taken wit a 24 hours notice to NCMB
iv. Reported to NCMB at least 7 days before intended strike
k. Effort to bargain
l. ER counter proposal
m. Filing of notice of intention
i. Notice of strike
1. Filed with DOLE to NCMB
2. Who files
a. Strike due to ULP – the duly certified BA
b. Strike due to bargaining deadlock – bargaining union
ii. Observance of cooling off period
1. Lengtj
a. ULP 15 days
b. Econ 30 days
iii. Vote majority
1. Secret balloting in meetings or referenda specifically called for the
purpose
2. Strike vote result – reported to NCMB at least 7 days before intended
strike lockout
n. Legal strike
i. Purpose and means test
1. Limits to exercise of rto strike
a. No person engaged in picketing shall
i. Commit an act of violence, coercion or intimidation
ii. Obstruct free ingrees or egress
iii. Obstruct public thoroughfares
ii. Guidelines and balancing of interest
1. Particular circ in each case
2. Peaceful accommodation of conflicting interest
iii. Defenses – Good faith
o. Two test in determining existence of ULP strike
i. Objectively when the strike is declared in protest of ULP which is found to have
been actually committed
ii. Subjectively when a strike is declared in protest of what Union belived to be ULP
committed by management although subse not
iii. GF – may be considered legal
1. Does not tolerate groundless strikes
3. Illegal strikes
a. Basis
i. If purpose is valid, strike may still be illegal if means employed illegal
b. Categories
 i. Strike staged although prohibited by law
ii. Strike stage in viol of requisites of law
iii. Strike staged with unlawful purpose
iv. Strike which employed unlawful means
v. Strike staged in viol of injunction
vi. Strige staged contrary to agreement
c. Illegal acts prohibited acts
i. Offiers
1. Defiance of return to work order
2. Commission of illegal acts
3. Leading instigating and participating in a deliberatework slowdown
d. Effect of illegal strikes
i. Worker
1. Mere participation does not mean termination. Need to adduced showing
that he committed illegal acts
ii. Officer
1. Participating may be terminated basta knowlngly participate in illegal
strike
e. Liability of participating members or officers of union
f. Assuption`cert order
i. Automatically enjoin
ii. Breadth of power and juris of SOLE
g. Mass leave
i. Substance not appearance deemed controlling
h. In case of illegal strike illegalockout, in pari delicto doctrine –SQA
i. Employment of strike breakers or scabs
i. Cannot employ
ii. Protection to right of strike
1. Generally not subject to injunction, Restraining order
2. EE may not be discriminated against bc they have exercised right
3. Use of strike breakers prohibited
4. Mere particiapation not sever relationship
j. Improved offer balloting and strikes
i. IOB – device to stop work stoppage – may end peaceably without losing face bc
no one will appear defeated
4. Slowdown as concerted activity
a. Inherently illicit and unjustifiable
5. Sitdown strike
a. Forcibly take over possession of business property establish and stop production or
refuse access
6. Sympathy strike
a. Unlawful infliction of damage
7. Picketing
a. Marching to and fro usually with placards to make known facts involved in labor dispute
b. Nature and purpose
i. Almost always acocompanies a strike but may be without work stoppage
c. As a phase of freedom of speech
d. Should be done within bounds of law
e. Prohibited activites
 i. No person shallobstruct, impede or interfere with by force violence coercion
threats etc
f. By pickertes
i. Commit act of violence coercionor intimiadation
ii. Obstruct free ing eg
iii. Obstruct public thouroughfares
g. By ER
i. Use or employ person to commit such acts
8. Role of Peach officers during strikes and picketing
a. Strict neutrality maintain peace and order
b. Escorting
c. Arrest and detention of law violatrors

EMPLOYER LOCKOUT

1. Basis – right to locout consistent with national interest

a. Limitation – on grounds involving inter union and intra union
2. Effect on work relationship
a. Connote temporary stoppage
3. Ground
a. CB deadlock
b. ULP vs LO
4. Valid LO
a. In anticipation of a threatened strike motivated by economic consideration
b. In response to unprotected strike or walkout
c. In response to whipsaw strike
5. Prohibited LO
a. Inter union intraunion disputes
b. SOLE exercise power
c. No ER lockout without first having bargained collectively
6. Procedure
a. Notice of intention filed with DOLE
b. At least 3o days has elapse since filing of notice
c. Impasse has resulted in the netgotiations
d. Lockout not discriminatory
7. Effect of illegal
a. Reinstatement with full BW

LABOR INJUNCTION

1. Defn
a. May require or restrain doing of an act
b. Originates from any labor dispute
2. GR – prohibition
a. No temporary or permanent injunction or restraining order in any case growing out of
labor disputes
b. E
i. NLRC power to enjoin restrain actual and threatened - if not restrain cause
irreparable damage to any party
ii. When LO or ER engage in prohibited ax
3. Reason for no injunction
a. Deceptive appeal for quick solution
b. Not proved to be effective
c. E when allowed
4. Issuing agency
a. NLRC LA
b. Procedural requirement no issue ex parte
i. Must be justified
ii. Hearing held after due and personal notice thereof served
iii. Reception at hearing of testimony of witnesses with opp for cross exam
iv. Finding of fact by commission
5. REO
a. In case Labor injunction, apply only in instances where complainant or applicant suffer
grave or irrepable damages