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Preliminary
Discussions
Constitutional Mandates on
Labor, Labor Law
Labor Legislation, Social
Legislation
What is Labor?
As an act: Exertion by human beings of
physical or mental efforts, or both, towards
the production of goods and services.
As a sector of society: That sector or group
in a society, which derives its livelihood
chiefly from rendition of work or services in
exchange for compensation under
managerial direction (Mendoza, 2001).
Refers to workers, whether agricultural or
non-agricultural
Constitutional Mandates on
Labor
The State shall protect and promote the interests of the
Filipino Laborer:
Art. II, Sec. 9. The State shall promote a just and
dynamic social order that will ensure the prosperity and
independence of the nation and free the people from
poverty through policies that provide adequate social
services, promote full employment, a rising standard of
living and improved quality of life for all.
Art. II, Sec. 18. The State affirms labor as a primary
social economic force. It shall protect the rights, of
workers and promote their welfare.
Constitutional Mandates on
Labor
The State shall protect and promote the interests of the
Filipino Laborer:
Art. XII, Sec. 12. The State shall promote the preferential
use of Filipino labor, domestic materials and locally produced
goods, and adopt measures that help make them
competitive.
Art. XV, Sec. 8. The State shall, from time to time, review to
upgrade the pensions and other benefits due to retirees of
Constitutional Mandates on
Labor
Rights of Workers
Art. Ill, Sec. 8. The right of the people, including
those employed in the public and private sectors,
to form unions, associations, or societies for
purposes not contrary to law, shall not be abridged.
(formation of labor organizations)
Art. Ill, Sec. 18(2). No involuntary servitude in
any form shall exist except as a punishment for a
crime whereof the party shall have been duly
convicted.
Constitutional Mandates on
Labor
Protection to Labor Clause
Art. XIII, Sec. 3 The State shall afford full protection to
labor, local and overseas, organized and unorganized, and
promote full employment and equality of employment
opportunities for all.
Constitutional Mandates on
Labor
Protection to Labor Clause
Art. XIII, Sec. 3 , cont.
The State shall promote the principle of shared responsibility
between workers and employers and the preferential use of
voluntary modes in settling disputes, including conciliation,
and shall enforce their mutual compliance therewith to foster
industrial peace.
The State shall regulate the relations between workers and
employers, recognizing the right of labor to its just share in
the fruits of production' and the right of enterprises to
reasonable returns of investments, and to expansion and
growth.
Labor Legislation
Social Legislation
Effect to
Employment
Directly affects
employment
Purpose
Coverage
Effect to Employee
Payor
Special Laws:
a. Laws on Social Security (SSS Law, GSIS Law, Limited Portability Law (RA
7699)
b. National Health Insurance Act
c. Paternity Leave Act
d. Retirement Pay Law
e. Home Mutual Development Fund Law
f. Anti-Sexual Harassment Act
g. Anti-Child Labor Act
h. 13th Month Pay Law
i. Migrant Workers and Overseas Filipinos Act of 1995 (R.A. No. 8042, as
amended by RA 10151)
j. Expanded Comprehensive Agrarian Reform Law
k. Magna Carta for Public Health Workers
Civil Code
a. Art. 1700. The relation between capital and labor are not
merely contractual. They are so impressed with public interest
that labor contracts must yield to the common good. Therefore,
such contracts are subject to the special laws on labor unions,
collective bargaining, strikes and lockouts, closed shop, wages,
working conditions, hours of labor and similar subjects.
b. Art. 1701. Neither capital nor labor shall act oppressively against the
other, or impair the interest or convenience of the public.
c. Art. 1702. In case of doubt, all labor legislations and all labor
contracts shall be construed in favor of the safety and decent
living for the laborer.
d. Art. 1703. No contract which practically amounts to involuntary
servitude, under any guise whatsoever, shall be valid.
Basic Principles
Preliminary Discussions on
the Labor Code
Cases
Government employees;
Employees of government Corporations created by special or original
charter (Juco v. NLRC, GR No. 98107, August 18, 1997);
Foreign governments (JUSMAG-Philippines v. NLRC, GR No. 108813,
December 15, 1994);
International Agencies (Lasco v. UNRFNRE, GR Nos. 109095-109107,
February 23, 1995), employees of intergovernmental or international
organizations (SEAFDEC-AQD v. NLRC, GR No. 86773, February 14, 1992);
Corporate officers / Intra-corporate disputes which fall under PD 902-A
and now fall under the jurisdiction of, the Regular Courts pursuant to the
Securities Regulation Code (Nacpil v. IBC, GR No. 144767, March 21,
2002); and
Local water districts (Tanjay Water District v. Gabaton, GR Nos. 63742 and
84300, 17 April 1989) except where NLRC jurisdiction is invoked
(Zamboanga City Water District v. Buat, GR No. 104389, May 27, 1994).
Conduct business;
Prescribe rules;
Select and hire employees;
Transfer or discharge employees;
Discipline of employees, and
Return of investment and expansion of business.
Management Prerogatives
Viewpoints on Labor
Relations
The Whys and Hows
Goal
Social Justice
Outcome
Processe
s
Labor Organization/Workers
Association
Self Organization
Inputs
Employees Rights
and Duties
Employers Rights
and Duties
Self Organization
Workers organize as a union or some other
form of association (registered or
unregistered)
Effect of registration with the State:
Acquisition of legally demandable rights,
e.g. right to demand collective bargaining
Organization must have rules and
mechanisms that respect member rights
No employer influence or interference (See
Article 261, Labor Code)
Self Organization
Form
Join
Assist
Labor organizations of their own choosing
Collective Bargaining
Collective Bargaining
While a legal right, strike or lockout is not an ideal
solution to compel a party to agree to a proposal
Considered as measures of last resort
Strikes and lockouts are heavily regulated
Purpose
Manner of implementation
Violation of established rules will merit sanctions
(admin, civil and criminal)
Collective Bargaining
States Intervention
Definitions
Definitions
Categories of employees
Managerial employees
Supervisory employees
Rank-and-file employees
Employer-Employee
Relationship
Four-Fold Test
1.
2.
3.
4.
Definitions
Labor Disputes
Subject Matter
Terms and conditions of employment
Association or Representation of persons
Standards-related
Compensation
Benefits
Working Conditions
Relations Disputes
Organizational rights/ULP
Representation
Bargaining
Contract administration
Personnel policy
Employment tenure disputes
Jurisdiction of Labor
Arbiters
Jurisdiction of Labor
Arbiters
4.
5.
6.
Jurisdiction of Labor
Arbiters
7.
8.
9.
10.
Cases
The jurisdiction of labor arbiters, as well as of the NLRC, is
limited to disputes arising from an employer-employee
relationship which can only be resolved by reference to the
Labor Code, other labor statutes, or their collective
bargaining agreement. U-Bix's complaint was one to collect
sum of money based on civil laws on obligations and
contract, not to enforce rights under the Labor Code, other
labor statutes, or the collective bargaining agreement. (UBix Corporation, et al. vs. Valerie Anne H. Hollero, G.R. No.
177647, October 31, 2008)
The jurisdiction of labor courts extends only to cases where
an employer-employee relationship exists. (Jaguar
Security & Investigation Agency vs. Rodolfo Sales, et. al.,
G.R. No. 162420, April 22, 2008)
Cases
Cases
Corporate Officers
Nacpil vs. IBC (GR No. 144767, March 21,
2002) Officers designated by the board are
corporate officers
Prudential Bank and Trust Company (GR
No. 141093, Feb. 20, 2001) - One rising from
the ranks is not a mere corporate officer
Rural Bank of Coron vs. Cortes, (GR No.
164888, Dec. 6, 2006) A corporate officer
who is also an employee may file an illegal
dismissal case with the labor arbiter.
Cases
See also
Okol vs. Slimmers World International (GR No.
160146, December 11, 2009)
Gomez vs. PNOC Development and
Management Corporation (GR No. 174044,
November 27, 2009)
Atty. Virgilio R. Garcia vs. Eastern
Telecommunications Philippines (GR No.
173115, April 16, 2009)
Renato Real vs. Sangu Philippines, Inc. et
al., G.R. No. 168757, 1/19/2011
Venue
Mandatory
Conference
File Complaint
Submit Position
Papers/Memoranda
Clarificatory
Hearing
Evaluate pleadings
and evidence
Issue Order
submitting case for
decision
Prepare decision
Amicable
Settlemen
t?
Issue Order
End
Issue,
promulgate and
release decision
RULE V, SECTION 11. AMENDMENT OF COMPLAINT/PETITION. An amended complaint or petition may be filed before the Labor
Arbiter at any time before the filing of position paper, with proof of service of a copy thereof to the opposing party/ies. If the
amendment of the complaint or petition involves impleading additional respondent/s, service of another summons in accordance
with Section 3 hereof is necessary to acquire jurisdiction over the person of the said respondent/s.
RULE V, SECTION 20. DEATH OF PARTIES. In case a complainant dies during the pendency of the proceedings, he/she may be
substituted by his/her heirs. If it is the individual respondent, the provision of Section 20, Rule 3 of the Rules of Court shall apply.
RULE XI, SECTION 5. EFFECT OF A MOTION TO LIFT ENTRY OF JUDGMENT. In case a motion to lift Entry of Judgment is filed, the
execution proceedings shall not be suspended and the records of the case shall not be elevated to the Commission unless ordered
otherwise.
RULE XI, SECTION 11 EXECUTION IN CASE OF DEATH OF PARTY. Where a party dies after the entry of judgment or issuance of
certificate of finality, execution thereon may issue or one already issued may be enforced in accordance with the applicable
provisions of the Rules of Court. The sheriff shall submit to the Commission or Labor Arbiter a report before and after the sale.
Proceeds of the sale should be deposited with the Cashier for proper disposition by the Commission or Labor Arbiter.
The foregoing provisions provide mechanisms to: a) amend complaints b) substitute heirs in case of death of a party and c)
execute judgments.
The amendments also clarify certain ambiguities in the rules. For instance, the amended rules specify the reckoning point of the
five (5) year effectivity of the writ of execution, which is the date of entry of judgment or issuance of certificate of finality. (Rule XI,
Section 7)
In respect of execution of monetary judgments, the amended rules state the manner by which a losing party may voluntarily
tender payment. The amended rules also enumerate the order of funds and properties against which the judgment may be
enforced in the event the losing party refuses or fails to pay. Notably, the prevailing party may even file a motion for the issuance
of a break open order with the Commission or the Labor Arbiter if the losing party prevents the sheriff from entering the place
where the property subject of execution is kept. (Rule XI, Section 9 and 10)
The amended rules introduced a new provision, which would have a significant effect during execution proceedings. It
contemplates a situation where a case is elevated to the Court of Appeals and subsequently to the Supreme Court. The new
provision states that a total or partial reversal of judgment by the Court of Appeals has the effect of suspending the execution
insofar as the reversal is concerned even during the pendency of a motion for reconsideration on such judgment. Where the
judgment of the Court of Appeals is reversed by the Supreme Court, execution proceedings shall commence upon presentation of
a certified true copy of the decision and entry of judgment. (Section 17, Rule XI)
Counter claims of
employers
Banez vs. Valdevilla (GR No. 128024,
May 9, 2000) Art. 217 (now 223) is
comprehensive enough to include claims for
all forms of damages arising from Er-Ee
relations, including Ers claims for actual
damages against a dismissed Ee.
Domondon vs. NLRC (GR No. 154376,
Sept. 30, 2005)
NLRC, Jurisdiction
Two kinds
Original Jurisdiction
Injunction in ordinary labor disputes
Injunction in strikes and lockouts under Article 270,
LC
Certified labor disputes in industries indispensable to
the national interest, where work stoppage is likely
or has already occured
Appeals
Grounds of Appeal
Prima facie evidence of abuse of discretion
on the part of the labor arbiter
Decision, order or award was secured
through fraud or coercion, including graft
and corruption
Purely on questions of law
Serious errors in the findings of facts which
would cause grave or irreparable damage or
injury to appellant
Perfection of Appeal,
requisites
Filed within reglementary period (ten days
from receipt of decision by party seeking
appeal)
Under oath
Appeal fee
Posting of cash or surety bond (where
judgment involves monetary award)
Proof of service to adverse party
Appeal
Reinstatement Order
Reinstatement by
Employer
Actual reinstatement of the employee to his
work under the same terms and conditions
prior to dismissal or separation, or
Reinstatement in the payroll of the
company, without requiring actual return to
work
Bureau of Labor
Relations
EO 251, S. 1987
removed from the jurisdiction of the BLR
all labor-management disputes. The effect
of E.O. 251 is to transfer to the NCMB the
mediation, conciliation, and arbitration
functions of the BLR.
The parties may, by agreement, settle their
differences by submitting their case to a
voluntary arbitrator rather than taking the
case to the BLR.
EO 251, S. 1987
Union Disputes
Intra-Union Disputes refer to any conflict between
and among union members, including grievances
arising from any violation of the rights and conditions
of membership, violation of or disagreement over any
provision of the unions constitution and by-laws, or
disputes arising from chartering or affiliation.
Inter-Union Disputes refer to any conflict between
and among legitimate labor organizations involving
representation questions for purposes of collective
bargaining or to any other conflict or dispute between
legitimate labor organizations based on any violations
of their rights as labor organizations.
Coverage of Inter/Intra-Union
Disputes (Sec. 1 Rule XI, D.O. 4003)
Coverage of Inter/Intra-Union
Disputes (Sec. 1 Rule XI, D.O. 4003)
Validity/invalidity of
impeachment/expulsion of union and
workers association officers;
Validity/invalidity of voluntary recognition;
Opposition to application for union and
CBA registration;
Violations of or disagreements over any
provision in a union or workers
association constitution and by-laws;
Coverage of Inter/Intra-Union
Disputes (Sec. 1 Rule XI, D.O. 4003)
How: Formal
requirements
1.
2.
3.
4.
5.
6.
Under Oath
Consist of a memorandum of appeal
Based on either of the following grounds:
Grave abuse of discretion
Gross violation of the rules
With supporting arguments and evidence
Period:
To whom
appealable
Where filed
Compromise Agreements
Substantial requirements
Voluntary, devoid of coercion
Not contrary to law, morals, public policy
Reasonable
Formal requirements
In writing
Signed in the presence of person before whom case is filed
Compromise Agreements
When effected:
At any stage of the proceedings, even when there
is already a final & executory judgment
EXCEPT when judgment is in process of execution
Compromise Agreements
Compromise Agreements
Cases:
Mindoro Lumber vs. Baay, et.al., GR No. 158753,
June 2005
Veloso and Liguaton vs. DOLE, Noahs Ark Sugar
Carriers, GR No. 87297, Aug. 1991
JAG & Haggar Jeans vs. NLRC, GR No. 105710,
Feb. 1995
Magbanua vs. Uy, GR No.161003, May 2005
Registration and
Cancellation
Labor Organizations
Grievances
Wages
Hours
Other terms and conditions of employment
Classifications of LOs
National Union/Federation
Industry Union
Trade Union Center
Alliance
Company Union
Enterprise Level
Independent Labor Union
Chapter
RA 9481
AN ACT STRENGTHENING THE WORKERS'
CONSTITUTIONAL RIGHT TO SELFORGANIZATION, AMENDING FOR THE
PURPOSE PRESIDENTIAL DECREE NO. 442,
AS AMENDED, OTHERWISE KNOWN AS THE
LABOR CODE OF THE PHILIPPINES
Amended Articles 240, 244, 245, 261, 262 &
263
Registration of Labor
Organizations
Legal personality
Enjoy the rights given to legitimate labor
organization.
Registration of Labor
Organization
Registration of Labor
Organization
Requirements, Local or
Chapter
Requirements,
Independent LO
Duly accomplished and notarized
Application Form;
Minutes of Organizational Meeting and
Attendance Sheet
List of Members
Financial Report if in existence for at least
one (1) year
Requirements,
Independent LO
If less than 1 year, and has not collected
any amount, a certification to this effect.
Constitution and by-laws accompanied by
the names and signatures of ratifying
members.
Minutes of adoption or ratification of the
constitution and by-laws, date/s when
ratification was made and list of ratifying
members.
Requirements,
Independent LO
Minutes of adoption or ratification is not
required if it is done simultaneously with the
organizational meeting including the date/s
when ratification was made and list of
ratifying members.
Statement that it is not reported as a
chartered local or any federation.
List of members comprising at least 20% of
the employees of the bargaining unit.
Affiliation/Disaffiliation
The independent unions act of entering into
an agreement of affiliation with a federation
or national union, or
A chartered locals act of maintaining its
ties to a federation or national union despite
its subsequent independent registration
Requirements of Affiliation
Chartering
How obtained
Registration on its
Through charter
own accord under Art. certificate issued by
240
National
Union/Federation
Effect of disaffiliation
Retains legal
personality
Loses legal
personality
Revocation of Charter
May only occur on the grounds of disloyalty
or such grounds specified in the constitution
& by-laws;
Effected by serving a verified notice to the
local/chapter, copy the BLR
Effect
BLR Action
Cancellation of
Registration
BLR has jurisdiction
Only for grounds in Article 245
Petition for cancellation will not suspend
PCE proceedings
Union may still seek just and equitable
remedies in appropriate courts
Voluntary Dissolution
May be done by members themselves
2/3 of general membership votes during a
meeting called for the purpose of dissolving
organization
Application to cancel registration submitted
by the board, attested by the president
Article 247
a.
b.
c.
d.
e.
f.
g.
h.
Article 247
i. Funds for authorized use only
j. Ban on unauthorized compensation on officers
k. True and correct accounting of funds
l. Inspection of records of organization
m. No unauthorized special levy or assessment of
fees
n. Check off
o. Information on the Constitution and by-laws
Prohibited as members
Non-employees (247(c))
Subversives (247(e))
What about persons convicted of crimes
involving moral turpitude?
Limitations
The labor organization cannot compel employees
to become members of their labor organization if
they are already members of a RIVAL UNION
The persons mentioned in Art 247[e]
(SUBVERSIVES) of the Labor Code are prohibited
from becoming a member of a labor organization
The members of RELIGIOUS ORGANIZATION
whose religion forbids membership in labor
organization could not be compelled into union
membership (Victoriano v. Elizalde Rope Workers
Union, L-25246 September 1974)
Check-off
Amount; and
Purpose and the beneficiary of the deduction
Exceptions
For mandatory activities provided under the
Code; and
When non-members of the union avail of
the benefits of the CBA:
Check Off
Union Dues
Agency Fees
Dues equivalent to union dues charged from
the non-union members who were benefited
by the CBA provisions.
The relationship between the non-union
employees and the Union that is the
bargaining representative is that of principal
agent
Since the union was able to secure better
terms and conditions of employment for all
employees, it is proper that they be
compensated for their representation
Agency Fees
ART.248-A: REPORTORIAL
REQUIREMENTS
1.
2.
ART.248-A: REPORTORIAL
REQUIREMENTS
3.
4.
Failure
Title Five:Coverage
Art. 249: Coverage and
Employees Right to SelfOrganization
Right to Self-Organization,
Extent
To form, join and assist labor
organizations for the purpose of
collective bargaining through
representatives of their own choosing;
and
To engage in lawful concerted activities
for the same purpose or for their mutual
aid and protection (Art. 252)
Right to SelfOrganization,Coverage
All persons employed in commercial,
industrial and agricultural enterprises and in
religious, charitable, medical, or educational
institutions
Ambulant, intermittent and itinerant
workers, self-employed people, rural
workers and those without definite
Employers may form labor organizations for
their mutual aid and protection.
Right to SelfOrganization,Coverage
Right to SelfOrganization,Coverage
Art. 251 :
Managerial employees are not eligible to join,
assist, or form any labor organization.
Supervisory employees shall not be eligible for
membership in a labor organization of the rankand-file EEs but may join, assist or form separate
labor organizations of their own.
Examples
1. Reys Hair Salon refused to bargain with
the union of the barbershop composed of
eight barbers on the ground that the shop
was a service establishment and the number
of the barbers was less than ten. Is the
contention tenable?
No. The law does not fix the minimum
number of employees for the exercise of the
right to self-organization and the right
extends to all types of establishments.
Examples
2. Faculty members of a non-profit school
converted their club into a labor union. Is this
allowed?
Yes. Even employees in non-profit or
religious organizations are entitled to
exercise this right.
Examples
3. Is a religious sects directive to its
congregation not to join a labor union a bar
for members to form their own union?
The right of the members of a sect not to
join a labor union for being contrary to their
religious beliefs does not bar the members
of that sect from forming their own union.
(Kapatiran vs. Calleja)
Supervisory Employees
Those, who, in the interest of the ER, effectively
recommend such managerial actions if in the
exercise of such authority is not merely
routinary or clerical in nature but requires the
use of independent judgment. (Art. 218)
The criterion which determines whether a
particular employee is within the definition of a
statute is the character of the work
performed rather than the title or
nomenclature of position held. (NSRC vs.
NLRC)
Supervisory Employees
Restraint
Coercion
Discrimination
Undue interfere with employees and the workers
in their exercise of self-organization right
ULP of Employers
Interference, restraint, coercion of
employees in the exercise of their right to
self organization;
Yellow dog contract
Contracting out services or functions
performed by union members, that
interfere, restrain or coerce employees in
the exercise of their right
Company union
Company Union
Initiate, dominate, assist or otherwise
interfere with the formation or
administration of any labor organization
Includes giving of financial or other support
to it or its organizers or supporters
ULP of Employers
Discrimination
Wages, hours of work, terms and conditions of
employment
Except with respect to Union Security Clauses
ULPs of Labor
Organizations
ULPs of Labor
Organizations
Ask for or accept negotiation or attorneys
fees from employers as part of settlement
of any issue in collective bargaining or any
other dispute
Violation of a CBA
Totality of Conduct
Doctrine
Collective Bargaining
A democratic framework to stabilize Er-Ee
relations, to create a climate of sound and
stable industrial peace
A mutual responsibility & legal obligation of
the employer and the union
Collective bargaining denotes negotiations
looking forward to a collective agreement,
however, it is a continuous process.
Collective Bargaining,
Process
Negotiation of wages, hours & terms,
conditions of employment
Execution of written contract embodying
terms
Negotiation of issues arising out of
interpretation or application of agreement
Negotiation of terms of new contract, or
proposed modifications.
Collective Bargaining,
Process
Conciliation proceedings
by NCMB to resolve
dispute, either motu
proprio or upon request
Collective Bargaining
Agreement
A contract
executed upon request of either the
employer or the exclusive bargaining
representatives
Incorporating all agreements reached
during negotiations
Collective Bargaining
Agreement
Azucena:
It is more than a contract; it is a
generalized code to govern a myriad
cases which the draftsmen cannot wholly
anticipate. It covers the whole
employment relationship and prescribes
the rights and duties of the parties. It is
a system of industrial self-government
with the grievance machinery at the very
heart of the system.
Collective Bargaining,
Parties
Employer Where there is no
relationship, there
is no duty to
bargain,
Where there is no
duty to bargain,
refusal to bargain
violates no right.
Employees
Collective Bargaining,
Parties
Bargaining Representative
Refers to the Legitimate Labor Organization
selected or designated by the employes. Does
not refer to its officers.
How selected is discussed under Articles 261-265
of Labor Code
Selection or Designation of
Exclusive Bargaining Agent
Manifestation of workers participatory right
PAL vs. NLRC (GR No. 85985, Aug. 1993) The
CBA may not be interpreted as cession of
employees right to participate in the deliberation
of matters which may affect their rights and
the formulation of policies relative thereto.
May be exercised by a Labor-Management
Council, aside from or instead of a union (dealing
with the employer vs. collective bargaining)
Does not preclude the exercise of an individual
employees right to raise his own grievance.
What is Appropriateness?
BLRs primary function, considering all
legally relevant factors.
Bargaining Unit may be determined
following the four recognized modes:
Globe Doctrine
Globe Machine and Stamping Co., 3 N.L.R.B. 294
(1937),
A petitioning union claimed that there were three
separate bargaining units in the plant, whereas an
intervening union argued for treating the plant as one
overall unit.
The US NLR Board found that either arrangement
would result in appropriate bargaining units, and
concluded that the question was so evenly balanced
that the determining factor should be the desire of
the employees themselves.
Globe Doctrine
Globe Machine and Stamping Co., 3 N.L.R.B. 294
(1937),
Each of the three separate units was given the
opportunity to vote for the petitioning union (and
representation as a separate unit), the intervening
union (and representation as an overall unit), or no
union.
The Globe procedure thereby allows employees
"to determine the scope of a unit by allowing them
to cast a vote for each of several potential units
which the Board has determined are appropriate."
Globe Doctrine
US Case: Globe Machine & Stamping Co. (3
NLRB 294, 1937)
In defining the appropriate bargaining
unit, the determining factor is the
desire of the workers themselves.
Consequently, a certification election
should be held separately to choose
which representative union will be
chosen by the workers.
Collective Bargaining
History
Prior collective bargaining history and
affinity of employees should be considered
in determining the appropriate bargaining
unit.
The existence of a prior collective
bargaining history is neither decisive nor
conclusive in the determination of what
constitutes an appropriate bargaining unit
(see SMC vs. Laguesma, NAFTU vs. Mainit
Lumber Devt. Company Workers Union)
Employment Status
Casual employees and those employed on
day-to-day basis must be considered
separate because there is no mutuality of
interest (Philippine Land-Air-Sea Labor
Union vs. CIR, GR No. L-14656, Nov. 1960)
Confidential employees cannot be allowed
to be included in rank-and-file bargaining
units
Belyca Corporation vs. Ferrer-Calleja (GR
No. 77395, Nov. 1988)
Selection of Bargaining
Representative
Certification Election
Consent Election
Voluntary Recognition
Certification Election
Certification Election
Certification Election,
Requisites
Organized establishments
Petition questioning the majority status of the
incumbent bargaining agent is filed with the
DOLE during the 60-day freedom period
Verification of Petition necessary
Support of at least 25% of all employees in
bargaining unit
Exceptions
Consent Election
Voluntary Recognition
Process whereby the employer recognizes a
labor organization as the exclusive
bargaining representative of the employees
in the appropriate bargaining unit after a
showing that the labor organization is
supported by at least a majority of the
employees in the bargaining unit.
Available only in unorganized
establishments.
FAQs
FAQs
FAQs
10.What happens if the petitioner union fails to garner the majority of the valid votes cast?
There will be no SEBA, but another PCE may be filed one year thereafter.
11.What are the requisites for certification election in organized establishments?
Certification election in organized establishments requires that:
a)a petition questioning the majority status of the incumbent bargaining agent is filed before the DOLE within the 60day freedom period;
b)such petition is verified; and
c)the petition is supported by the written consent of at least twenty-five percent (25%) of all employees in the
bargaining unit.
12.What is the requirement for certification election in unorganized establishments?
Certification election in unorganized establishments shall automatically be conducted upon the filing of a petition for
certification election by an independent union or a federation in behalf of the chartered local or the local/chapter
itself.
13.May an employer file a PCE?
Yes, the employer may file a PCE if it is requested to bargain collectively.
14.May an employer extend voluntary recognition to a legitimate labor organization without filing a PCE?
Yes, management may voluntarily recognize a union if there is no other union in the company and if other
requirements are complied with (Sec. 2, Rule 7 of D.O. 40-03).
15.What is the role of employer in certification election?
The employer shall not be considered a party to a petition for certification election, whether it is filed by an employer
or a legitimate labor organization, and shall have no right to oppose it. Its participation shall be limited only to being
notified or informed of petition for certification election and submitting the certified list of employees or where
necessary, the payrolls (Employer as Bystander Rule).
Collective Bargaining
Agreement
A negotiated contract between a legitimate
labor organization and the employer
concerning wages, hours of work and all
other terms and conditions of employment
in a bargaining unit
Deemed as the law between the parties
during its lifetime
Provisions are construed liberally
Single Enterprise
Between on certified labor union and one employer
Multi-Employer Bargaining
Between and among several certified labor unions
and employers
Conditions
Only LLOs that are the SEBA may participate and
negotiate
Only employers with counterpart LLOs which are
incumbent bargaining agents may participate
Employers must consent to multi-enterprise
bargaining may participate
Duty to Bargain
Collectively
Duty to Bargain
Collectively
Requisites in Relation to
CBA
Posting of CBA
Posted in two conspicuous places in the work
premises, at least five days prior to ratification
Mandatory requirement; non-compliance will
result in ineffectiveness of CBA (ATU vs. Trajano,
1988)
Employer responsible for posting (ALU vs. FerrerCalleja, May 1989)
Refusal to Negotiate
Ignoring all notices for negotiation and
requests for counter-proposals
Refusing to bargain anew on economic
terms of the CBA, using flimsy excuses such
as questioning union
Not serving an answer
All the above are indications of bad faith
Refusal to Negotiate
Employer who violates the duty to bargain
collectively loses its statutory right to
negotiate or renegotiate terms and
conditions of the draft CBA; and may
impose the adoption of the proposals of the
union as the CBA
Cases
Lifetime of a CBA
Representation aspect 5 years, meaning
no petition questioning the majority status
of the incumbent agent shall be entertained
by DOLE
Economic and non-economic provisions
except representation renegotiated not later
than three years after its execution
Retroactivity of CBA
Grievance and
Voluntary Arbitration
Grievance
Grievance Machinery
Grievance Procedure
Internal rules of procedure established by
the parties in their CBA with voluntary
arbitration as the terminal step.
Refers to the system of grievance
settlement at the plant level as provided in
the CBA.
Consists of successive steps starting at
complainant and his immediate supervisor,
up to the level of top union and company
officials
Grievance Procedure
All grievances submitted to the grievance
machinery that are not settled in seven
calendar days from submission shall be
referred to Voluntary Arbitration prescribed
in the CBA
Voluntary Arbitrators shall be named and
designated in advance, or include a
procedure for selection of VAs.
In case parties fail to select VA, NCMB shall
designate
Voluntary Arbitration
Mode of settling labor-management
disputes
Parties select a competent, trained and
impartial third person
Decision based on merits of the case
Decision is final and executory
Courts of Law
Arbitrable Disputes
Contract-negotiation disputes
Terms and conditions of contracts
Collective bargaining issues
Known as arbitration of interest
Cases
San Jose vs. NLRC & Ocean Terminal
Services (GR 121227, Aug. 1998)
San Miguel Corporation vs. NLRC
Sanyo Philippines Workers Union vs.
Canizares, GR No. 101619, July 1992
Voluntary Arbitrator
Any person accredited by NCMB as such, or
Any person named or designated in the CBA
as such, or
One appointed by the NCMB in case either
party refuses to submit to voluntary
arbitration
Enforcement of VAs
Decision
Concerted Activities
People planning and acting together
One undertaken by two or more employees,
or by one on behalf of others.
Strikes
Temporary stoppage of work by the
concerted action of the employees as a
result of an industrial or labor dispute.
Consists not only of concerted work
stoppages but also sitdowns, mass leaves,
slowdowns, attempts to damage, destroy or
sabotage plant equipment or facilities and
similar activities.
Strikes
Cessation of work by employee in an effort
to get more favorable terms for
employment
Concerted refusal by employees to do any
work for their employer, or work at their
customary rate of speed until the object of
strike is attained by employers concession
Characteristics of Strikes
Established relationship between strikers
and persons against whom the strike is
called
Relationship must be of employer-employe
Existence of dispute between the parties
and the utilization by labor of the weapon of
concerted refusal to work as a means of
persuading or coercing compliance to
demands
Characteristics of Strikes
Even though work cessation is by
belligerent suspension, Employment
relation still continues
Work stoppage is temporary
Concerted action by employees
Striking group is a LLO, and in the case of
bargaining deadlock, the sole bargaining
representative
Lockout
Lockout
An employers means of protecting his
bargaining position
Employer must show that his act is primarily
defensive, and not an act of hostility to
collective bargaining or of discriminaiton.
Valid Lockouts
To forestall threatened acts of sabotage
(Rizal Cement Workers Union vs. Madrigal
Co.)
In anticipation of a threatened strike where
motivated by economic considerations
In response to unprotected strike or walkout
In response to a whipsaw strike
Picketing
Limitations
Right to peaceful picketing should be
exercised with due respect to the right of
others; coercion, intimidation or acts of
violence are strictly prohibited
Picketers cannot rightfully prevent
employees of another company which is not
their employer from entering or leaving
their rented premises (innocent bystander)
Kinds of Strikes
Extent
General occur over a whole community,
province, state or country. An extended form of
sympathetic strike; many workers stop working to
put pressure on government or paralyze economic
& social systems
Local or Particular applies only in a particular
enterprise or locality
Kinds of Strikes
Kinds of Strikes
Employee Interest
Primary Strike declared by employees who have a
direct and immediate interest in the subject of the
dispute between them and the Er
Secondary Strike Coercive measure adopted by
workers against an employer connected by product
or employment with alleged unfair labor conditions or
practices
Sympathetic Strike striking employees have no
demands or grievances of their own, but strike to
directly or indirectly aid others without direct relation
to the advancement of the interest of the strikers.
Kinds of Strikes
Economic Strike one intended to force
wage and other concessions from the
employer, which he is not required by law to
grant.
Unfair Labor Practice Strike called against
the ULP of the employer, usually for the
purpose of making him desist from further
committing such practices. Called for
mutual protection, and for the
discontinuance of employer abuses.
Avoidance of Strikes
Parties must first exhaust measures or
remedies that will avoid the strike, akin to the
doctrine of Exhaustion of Administrative
Remedies.
Only when non-disruptive alternatives have
proved unsuccessful may strikes be deemed
justified.
Jumping the gun on the grievance
procedure/voluntary arbitration of a dispute
will mean that the strike is PREMATURE, thus
illegal
Avoidance of Strikes
Once an issue has been submitted for
conciliation, mediation or compromise, the
employees cannot resort to a strike.
Discussions during conciliation proceedings
are confidential and treated as privileged
information
Parties can enter into compromise
agreements to avoid a strike, which
compromise shall be immediately final and
executory.
Strikes, Mandatory
Requisites
First requisite: Valid and factual ground
(1) CBA Deadlock; and
(2) Unfair labor practice (ULP).
Second Requisite: Notice (of Strike or
Lockout)
(1) CBA Deadlock - 30 days from intended
date of strike
(2) Unfair labor practice (ULP) 15 days.
Strikes, Mandatory
Requisites
Third requisite: Notice to NCMB-DOLE at least
24 hours priot to the taking of the strike or
lockout vote (secret ballot)
Decision to conduct vote
Date, time and place
Fourth Requisite: Strike or Lockout Vote
Majority approval required
Must be implemented even in cases of
union-busting
Strikes, Mandatory
Requisites
Fifth requisite: Strike/Lockout Vote Report
Submitted at least seven days prior to strike/lockout
If report submitted during cooling off period, seven day
waiting period begins on the day following the cooling
off period
If for union busting, cooling period may be dispensed
with
Sixth Requisite: Cooling Off Period
Reckoned from filing of notice of strike/lockout
30 days for deadlock, 15 for ULP
If strike is for union-busting, period is dispensed with
Strikes, Mandatory
Requisites
Seventh requisite: Waiting period
Seven days from submission of strike vote
report
2.
3.
4.
5.
7.
8.
9.
10.
Preventive Mediation
Illegal Strikes
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Assumption of Jurisdiction
Occurs when labor dispute that caused or
may cause strike is in an industry
indispensable to the national interest
DOLE Secretary assumes jurisdiction and
Effects of Assumption
Automatically enjoins intended or impending
strike or lockout
All striking or locked out employees shall
return to work immediately
ULP strike
Unconditional and voluntary offer to return to
work is refused by employer
Employees are discriminated against despite a
RTWO
Non-participating employees were locked out by
employer
Reinstatement no longer possible
Prohibited Activities
Labor Organizations
Third Persons
Employers
Public Officials or Employees
Picketers
Post Employment
Security of Tenure
Termination of Employment
Security of Tenure
Defined: The constitutional right granted
the employee that the employer shall not
terminate the services of an employee
except for JUST CAUSE, or when
AUTHORIZED BY LAW.
It extends to regular (rank and file,
managerial) as well as non-regular
employment (probationary, seasonal,
project)
Applies as protection from unwarranted and
unconsented demotion and transfer
Article 286
Regular
Casual
Project
Seasonal
Other forms
Fixed Period
Probationary
Regular Employment
Employee has been engaged to perform
activities which are usually necessary or
desirable in the usual business or trade of
the employer
One year of service has been rendered,
whether continuous or broken, with respect
to the activity in which he is employed
Determining Regular
Status
Nature of Work Test Whether or not there is
reasonable connection between the particular
activity performed by the employee in relation
to the usual business or trade of the employer
Period of Service Test Employees length of
service is at least one year, whether
continuous or broken
Probationary Employee Test Whether or not
the employee is allowed to work after the
lapse of the probationary period.
Casual Employment
Employee has been engaged to perform
activities which are not necessary or
desirable in the usual trade or business of
the employer
Once a casual employee has rendered at
least one year of service, his status
becomes REGULAR
The purpose of this rule is to honor the
constitutional guarantee of security of
tenure and right to self-organization
Project Employment
Project Employees
Probationary Employment
Management Prerogatives
Our laws recognize and respect the exercise by management of
certain rights and prerogatives. For this reason, courts often
decline to interfere in legitimate business decisions of
employers. In fact, labor laws discourage interference in
employers judgment concerning the conduct of their business.
(Philippine Industrial Security Agency Corporation vs. Aguinaldo,
G. R. No. 149974, June 15, 2005; Mendoza vs. Rural Bank of
Lucban, G.R. No. 155421, July 7, 2004).
An employer can regulate, generally without restraint,
according to its own discretion and judgment, every aspect of
its business. (Deles, Jr. vs. NLRC, G. R. No. 121348, March 9,
2000).
This privilege is inherent in the right of employers to control and
manage their enterprise effectively. (Mendoza vs. Rural Bank of
Lucban, G.R. No. 155421, 07 July 2004).
Extent of management
prerogatives
Extent of Management
Prerogatives
Extent of management
prerogatives
A transfer means a movement (1) from one position to
another of equivalent rank, level or salary, without a break
in the service; or (2) from one office to another within the
same business establishment. (Sentinel Security Agency,
Inc. vs. NLRC, G. R. No. 122468, Sept. 3, 1998).
Prerogative of management to transfer an employee from
one office to another within the business establishment
upheld, provided
Transfer, tests
Transfer