LABOR RELATIONS LAW PRIVATE SECTOR

Part FOUR - THE APPROPRIATE BARGAINING UNIT

A. Law and definition
Art. 255. Exclusive bargaining representation and workers participation in policy
and decision-making.
The labor organization designated or selected by the majority of the employees in an
appropriate collective bargaining unit shall be the exclusive representative of the employees in
such unit for the purpose of collective bargaining. However, an individual employee or group of
employees shall have the right at any time to present grievances to their employer.
Any provision of law to the contrary notwithstanding, workers shall have the right, subject to
such rules and regulations as the Secretary of Labor and Employment may promulgate, to
participate in policy and decision-making processes of the establishment where they are
employed insofar as said processes will directly affect their rights, benefits and welfare. For
this purpose, workers and employers may form labor management councils: Provided, That the
representatives of the workers in such labor management councils shall be elected by at least
the majority of all employees in said establishment. (As amended by Section 22, Republic Act
No. 6715, March 21, 1989)

Belyca Corp. v Calleja (Nov. 29, 1988)

International School Alliance of Educators v Quisumbing (June 1, 2000)

Sta. Lucia East Commercial Corp v Sec of Labor ( Aug. 14, 2009)

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B. Determination of appropriate bargaining unit

1. Factors Unit Determination
a. In General
UP v Ferrer- Calleja ( July 14, 1992)

b. History
San Miguel Corp. v Laguesma (Sept. 21, 1994)

c.

Geography- location
UP v Ferrer- Calleja ( July 14, 1992)

d. Corporate entities
Indophil Textile Mills Workers Union v Calica (Feb 3, 1992)

San Miguel Corp. Employees Union v Confessor (Sept. 19, 1996)

e. Management
Phil. Scout Veterans et al v Torres (July 21, 1993)

f.

Test to determine bargaining unit

SMC v Laguesma (Sept. 21, 1994)

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 Golden Farms Inc v Sec of Labor (July 26, 1994)

San Miguel Supervisors v Laguesma (Aug. 15, 1997)

g. Unit Severance and Globe Doctrine

Mechanical Department Labor Union v CIR (Aug. 30, 1968)

2. Size of unit and effect on self-organization

a. Unit Scope and self-organization
FilOil Refinery Corp. v FilOil Supervisory et al (Aug. 18, 1972)

b. Supervisor unit
Negros Oriental Electric Coop. v Sec of DOLE ( May 9, 2001)

3. Effect of prior agreements

a. Non-parties effect
General Rubber and Footwear Corp. v BLR (Oct. 29, 1987)

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 De La Salle v De La Salle Employees (April 12, 2000)

4. Determining Agency
Art. 226. Bureau of Labor Relations. The Bureau of Labor Relations and the Labor
Relations Divisions in the regional offices of the Department of Labor, shall have original
and exclusive authority to act, at their own initiative or upon request of either or both
parties, on all inter-union and intra-union conflicts, and all disputes, grievances or
problems arising from or affecting labor-management relations in all workplaces, whether
agricultural or non-agricultural, except those arising from the implementation or
interpretation of collective bargaining agreements which shall be the subject of grievance
procedure and/or voluntary arbitration. The Bureau shall have fifteen (15) working days to
act on labor cases before it, subject to extension by agreement of the parties. (As
amended by Section 14, Republic Act No. 6715, March 21, 1989).

Art. 255. Exclusive bargaining representation and workers participation in

policy and decision-making. The labor organization designated or selected by the
majority of the employees in an appropriate collective bargaining unit shall be the
exclusive representative of the employees in such unit for the purpose of collective
bargaining. However, an individual employee or group of employees shall have the right at
any time to present grievances to their employer. Any provision of law to the contrary
notwithstanding, workers shall have the right, subject to such rules and regulations as the
Secretary of Labor and Employment may promulgate, to participate in policy and decisionmaking processes of the establishment where they are employed insofar as said processes
will directly affect their rights, benefits and welfare. For this purpose, workers and
employers may form labor management councils: Provided, That the representatives of the
workers in such labor management councils shall be elected by at least the majority of all
employees in said establishment. (As amended by Section 22, Republic Act No. 6715,
March 21, 1989)
a. Agency and Finality Order
FilOil Refinery Corp v FilOil Supervisory and Confidential
Employees Assn. (Aug. 18, 1972)

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