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I.

Right to Self Organization


Art. 246 (Non-Abridgment of right to self organizationIt shall be unlawful for any person to restrain, Coerce,
discriminate against or unduly interfere with employees
and workers in their exercise of the right to self
organization. Such right shall include the right to
form, join or assist labor organization for the purpose
of collective bargaining. (LBP)
Art. III Sec. 8- Right of people to form unions,
associations and societies shall not be abridged.
Art. XIII Sec III- The state shall promote full protection
to labor.
II. Labor orgs
Any union or association of employees which exists
in whole or in part for the purpose of:
collective bargaining or
of dealing with employers concerning terms
and conditions of employment
Union Function and Rationale
1. To promote interests of labor without unnecessary
labor
disputes (United Seamans Union v Davao Shipowners
Assoc (1967)).
2. It is the instrumentality through which an individual
laborer who is helpless as against a powerful employer
may, through concerted effort and activity, achieve the
goal of economic well-being. Workers unorganized are
weak, workers organized are strong
RIGHTS OF LEGITIMATE LABOR ORGANIZATION
ART. 242
1. to act as REPRESENTATIVE of MEMBERS for
purpose
of collective bargaining
2. to be certified as EXCLUSIVE REPRESENTATIVE
of
EMPLOYEES in appropriate bargaining unit for
purpose of collective bargaining
3. to BE FURNISHED by employer, upon written
request, with its annual audited FINANCIAL
STATEMENTS
4. to OWN PROPERTY, real/personal, for use and
benefit of the labor organization and its members
5. to SUE and be sued in its registered name
6. to UNDERTAKE ALL activities designed to benefit
the

organization and members not contrary to law


7. income, properties, grants, endowments, gifts,
donations, and contributions used for their lawful
purposes shall be FREE from TAXES, DUTIES and
ASSESSMENTS, except when this provision is
expressly repealed by a special law
Who may form a labour Union?
Employee- Includes any person in the employ of an
employer
1. Rank and file employees
-It is immaterial if the institution is non profit
-Self employed workers may also form a labor union
2. Supervisory employees (Not in a rank and file
labour union)
- are those who, in the interest of the employer,
Effectively RECOMMENDS such managerial actions
If the exercise of such authority is not merely
routinary or
clerical in nature
But requires the use of INDEPENDENT JUDGMENT.
-For their mutual aid and protection
3. Government Employees
Who cannot form a Labour Union?
By Law
1. Managerial employees s one who is vested with
powers or
prerogatives:
To lay down and execute management policies and/
or
To hire, transfer, suspend, layoff, recall, discharge,
assign, or
discipline employees.
2. High level employees
3. Aliens
By Jurisprudence
1. Employee of a cooperative

2. Confidential Employees- an employee who (1)


assist or act in confidential capacity (2) to persons who
formulate, determine and effectuate management
policies in the field of labor relations
By the constitution:

Limited grounds for the cancellation for union


registration
-Misrepresentation, false statement or frau in
connection with the adoption or ratification of the
constitution

1. Members of the AFP, Police officers, Policemen ,


Firemen, and Jail Guards

-Failure to submit the necessary documents

Independent Union- Requirements (DOLE)

-Entering into Bargaining below the minimum


standards

1.50 Pesos registration Fee


2. Names of the officers and members forming the
labour union and the number of minutes
3. Name of members (20% of the Bargaining unit)
4. Copies of annual Financial Report
5.4 copies of constitution and Bylaws

-Acting as Labor contractor engaging in the cabo


system (Labor only contracting)

-Failure to comply with requirements under articles 237


and 238

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