Beruflich Dokumente
Kultur Dokumente
LABOR 2
Midterms Reviewer: Prof. Battad
Case digests included in this reviewer contain direct quotations from the cases itself. Facts are limited
to the company, the union/s and the employee/s involved. This is best used merely as a reviewer,
rather than notes in class.
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TABLE OF CONTENTS
EDITOR’S NOTE 1
I. INTRODUCTION 6
E. Management Prerogative 7
B. Work Enlightenment 8
E. Industrial Peace 24
F. Worker Participation in Decision and Policy making Processes Affecting Rights, Duties and Welfare 25
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B. Extent and Scope of Right 29
C. Worker Qualification 30
D. Covered Employees/Workers 31
1. All Employees 31
2. Government Corporate Employees 32
3. Supervisory Employees 34
4. Aliens 36
5. Security Guards 37
E. Excluded Employees/Workers 37
1. Managerial Employees 37
2. Confidential Employees 39
3. Worker/Member of Cooperative 40
4. Employees of International Organizations 41
5. Non-employees 41
F. Party Protected 41
A. Policy 45
B. Definition 45
G. Union-Member Relations 59
1. Nature of Relationship 62
2. Issues and Concerns 62
a) Admission and Discipline of Members 62
b) Election of Officers: Qualifications; Manner of Election; Tenure and Compensation 63
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c) Major Policy Matter 66
d) Union Funds: Payment of Attorney’s Fees and Special Assessment 66
e) Mandatory Activity 68
f) Union Information 68
g) Enforcement and Remedies; Procedure and Sanctions 69
I. Union Security 80
1. Statutory Basis and Rationale 80
2. Validity Agreement and Effect on Freedom of Choice; Types of Union Security Provisions 80
3. Coverage: Worker Inclusion and Exclusion 81
4. Implementation: Obligation and Liabilities 82
5. Financial Security: Agency Shop and Check-Off 82
C. Determining Agency 86
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I. INTRODUCTION
A. Capital and Labor
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1987 Constitution Art. 2, Section 20.
The State recognizes the indispensable role of the private sector, encourages private enterprise, and
provides incentives to needed investments.
E. Management Prerogative
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PAL v. National Labor Relations Commission, this privilege is not absolute, but subject to exceptions
(e.g. Industries indispensible to the National Interest).
B. Work Enlightenment
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Art. 249 (p) Rights and conditions of membership in a labor organization.
The following are the rights and conditions of membership in a labor organization:
p. It shall be the duty of any labor organization and its officers to inform its members on the provisions
of its constitution and by-laws, collective bargaining agreement, the prevailing labor relations system
and all their rights and obligations under existing labor laws.
1987 Administrative code of the Philippines, Title VII, Chapter on Labor and Employment, Sec. 23. National
Conciliation and Mediation Board.
The National Conciliation and Mediation Board, shall absorb the conciliation, mediation and voluntary
arbitration functions of the Bureau of Labor Relations. The Board shall be composed of an
Administrator and two (2) Deputy Administrators. It shall be an attached agency under the
administrative supervision of the Secretary of Labor and Employment.
The Administrator and the Deputy Administrators shall be appointed by the President upon
recommendation of the Secretary of Labor and Employment. There shall be as many Conciliators-
Mediators as the needs of the public service require, who shall have at least three (3) years of
experience in handling labor relations and who shall be appointed by the Secretary. The Board shall
have its main office in Metropolitan Manila and its Administrator shall exercise supervision over
Conciliators-Mediators and all its personnel. It shall establish as many branches as there are
administrative regions in the country, with as many Conciliators-Mediators as shall be necessary for its
effective operation. Each branch of the Board shall be headed by an Executive Conciliator-Mediator.
The Board shall have the following functions:
(1) Formulate policies, programs, standards, procedures, manuals of operation and guidelines
pertaining to effective mediation and conciliation of labor disputes;
(2) Perform preventive mediation and conciliation functions;
(3) Coordinate and maintain linkages with other sectors or institutions, and other government
authorities concerned with matters relative to the prevention and settlement of labor disputes;
(4) Formulate policies, plans, programs, standards, procedures, manuals of operation and guidelines
pertaining to the promotion of cooperative and non-adversarial schemes, grievance handling,
voluntary arbitration and other voluntary modes of dispute settlement;
(5) Administer the voluntary arbitration program; maintain or update a list of voluntary arbitrations;
compile arbitration awards and decisions;
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(6) Provide counselling and preventive mediation assistance particularly in the administration of
collective agreements;
(7) Monitor and exercise technical supervision over the Board programs being implemented in the
regional offices; and
(8) Perform such other functions as may be provided by law or assigned by the Secretary.
The Tripartite Voluntary Arbitration Advisory Council, which is attached to the National Conciliation
and Mediation Board, shall advise the National and Conciliation and Mediation Board on matters
pertaining to the promotion of voluntary arbitration as the preferred mode of dispute settlement.
The Tripartite Voluntary Arbitration Advisory Council shall consist of the Administrator of the National
Conciliation and Mediation Board as Chairman, one other member from the government, two (2)
members representing labor, and two (2) other members representing management. The members
shall be appointed by the President to serve for a term of three (3) years. The Chairman and Members
shall serve without compensation.
Five (5) members each shall be chosen from among the nominees of the workers and employers
organizations, respectively. The Chairman and the four (4) remaining members shall come from the
public sector, with the latter to be chosen from among the recommendees of the Secretary of Labor
and Employment.
Upon assumption into office, the members nominated by the workers and employers organizations
shall divest themselves of any affiliation with or interest in the federation or association to which they
belong.
The Commission may sit en banc or in five (5) divisions, each composed of three (3) members. Subject
to the penultimate sentence of this paragraph, the Commission shall sit en banc only for purposes of
promulgating rules and regulations governing the hearing and disposition of cases before any of its
divisions and regional branches, and formulating policies affecting its administration and operations.
The Commission shall exercise its adjudicatory and all other powers, functions, and duties through its
divisions. Of the five (5) divisions, the first, second and third divisions shall handle cases coming from
the National Capital Region and the parts of Luzon; and the fourth and fifth divisions, cases from the
Visayas and Mindanao, respectively; Provided that the Commission sitting en banc may, on temporary
or emergency basis, allow cases within the jurisdiction of any division to be heard and decided by any
other division whose docket allows the additional workload and such transfer will not expose litigants
to unnecessary additional expense. The divisions of the Commission shall have exclusive appellate
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jurisdiction over cases within their respective territorial jurisdictions. [As amended by Republic Act No.
7700].
The concurrence of two (2) Commissioners of a division shall be necessary for the pronouncement of
judgment or resolution. Whenever the required membership in a division is not complete and the
concurrence of two (2) commissioners to arrive at a judgment or resolution cannot be obtained, the
Chairman shall designate such number of additional Commissioners from the other divisions as may be
necessary.
The conclusions of a division on any case submitted to it for decision shall be reached in consultation
before the case is assigned to a member for the writing of the opinion. It shall be mandatory for the
division to meet for purposes of the consultation ordained herein. A certification to this effect signed
by the Presiding Commissioner of the division shall be issued and a copy thereof attached to the record
of the case and served upon the parties.
The Chairman shall be the Presiding Commissioner of the first division and the four (4) other members
from the public sector shall be the Presiding Commissioners of the second, third, fourth and fifth
divisions, respectively. In case of the effective absence or incapacity of the Chairman, the Presiding
Commissioner of the second division shall be the Acting Chairman.
The Chairman, aided by the Executive Clerk of the Commission, shall have administrative supervision
over the Commission and its regional branches and all its personnel, including the Executive Labor
Arbiters and Labor Arbiters.
The Commission, when sitting en banc shall be assisted by the same Executive Clerk and, when acting
thru its Divisions, by said Executive Clerks for the second, third, fourth and fifth Divisions, respectively,
in the performance of such similar or equivalent functions and duties as are discharged by the Clerk of
Court and Deputy Clerks of Court of the Court of Appeals. (As amended by Section 5, Republic Act No.
6715, March 21, 1989)
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6. Except claims for Employees Compensation, Social Security, Medicare and maternity benefits, all
other claims arising from employer-employee relations, including those of persons in domestic or
household service, involving an amount exceeding five thousand pesos (P5,000.00) regardless of
whether accompanied with a claim for reinstatement.
b. The Commission shall have exclusive appellate jurisdiction over all cases decided by Labor Arbiters.
c. Cases arising from the interpretation or implementation of collective bargaining agreements and
those arising from the interpretation or enforcement of company personnel policies shall be disposed
of by the Labor Arbiter by referring the same to the grievance machinery and voluntary arbitration as
may be provided in said agreements. (As amended by Section 9, Republic Act No. 6715, March 21,
1989)
The person adjudged in direct contempt by a Labor Arbiter may appeal to the Commission and the
execution of the judgment shall be suspended pending the resolution of the appeal upon the filing by
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such person of a bond on condition that he will abide by and perform the judgment of the Commission
should the appeal be decided against him. Judgment of the Commission on direct contempt is
immediately executory and unappealable. Indirect contempt shall be dealt with by the Commission or
Labor Arbiter in the manner prescribed under Rule 71 of the Revised Rules of Court; and (As amended
by Section 10, Republic Act No. 6715, March 21, 1989)
e. To enjoin or restrain any actual or threatened commission of any or all prohibited or unlawful acts or
to require the performance of a particular act in any labor dispute which, if not restrained or
performed forthwith, may cause grave or irreparable damage to any party or render ineffectual any
decision in favor of such party: Provided, That no temporary or permanent injunction in any case
involving or growing out of a labor dispute as defined in this Code shall be issued except after hearing
the testimony of witnesses, with opportunity for cross-examination, in support of the allegations of a
complaint made under oath, and testimony in opposition thereto, if offered, and only after a finding of
fact by the Commission, to the effect:
1. That prohibited or unlawful acts have been threatened and will be committed and will be continued
unless restrained, but no injunction or temporary restraining order shall be issued on account of any
threat, prohibited or unlawful act, except against the person or persons, association or organization
making the threat or committing the prohibited or unlawful act or actually authorizing or ratifying the
same after actual knowledge thereof;
2. That substantial and irreparable injury to complainant’s property will follow;
3. That as to each item of relief to be granted, greater injury will be inflicted upon complainant by the
denial of relief than will be inflicted upon defendants by the granting of relief;
4. That complainant has no adequate remedy at law; and
5. That the public officers charged with the duty to protect complainant’s property are unable or
unwilling to furnish adequate protection.
Such hearing shall be held after due and personal notice thereof has been served, in such manner as
the Commission shall direct, to all known persons against whom relief is sought, and also to the Chief
Executive and other public officials of the province or city within which the unlawful acts have been
threatened or committed, charged with the duty to protect complainant’s property: Provided,
however, that if a complainant shall also allege that, unless a temporary restraining order shall be
issued without notice, a substantial and irreparable injury to complainant’s property will be
unavoidable, such a temporary restraining order may be issued upon testimony under oath, sufficient,
if sustained, to justify the Commission in issuing a temporary injunction upon hearing after notice. Such
a temporary restraining order shall be effective for no longer than twenty (20) days and shall become
void at the expiration of said twenty (20) days. No such temporary restraining order or temporary
injunction shall be issued except on condition that complainant shall first file an undertaking with
adequate security in an amount to be fixed by the Commission sufficient to recompense those
enjoined for any loss, expense or damage caused by the improvident or erroneous issuance of such
order or injunction, including all reasonable costs, together with a reasonable attorney’s fee, and
expense of defense against the order or against the granting of any injunctive relief sought in the same
proceeding and subsequently denied by the Commission.
The undertaking herein mentioned shall be understood to constitute an agreement entered into by the
complainant and the surety upon which an order may be rendered in the same suit or proceeding
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against said complainant and surety, upon a hearing to assess damages, of which hearing, complainant
and surety shall have reasonable notice, the said complainant and surety submitting themselves to the
jurisdiction of the Commission for that purpose. But nothing herein contained shall deprive any party
having a claim or cause of action under or upon such undertaking from electing to pursue his ordinary
remedy by suit at law or in equity: Provided, further, That the reception of evidence for the application
of a writ of injunction may be delegated by the Commission to any of its Labor Arbiters who shall
conduct such hearings in such places as he may determine to be accessible to the parties and their
witnesses and shall submit thereafter his recommendation to the Commission. (As amended by Section
10, Republic Act No. 6715, March 21, 1989)
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2. Bureau of Labor Relations; labor Relations Division
Book V, Rule XI, INTER/INTRA-UNION DISPUTES AND OTHER RELATED LABOR RELATIONS DISPUTES
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Section 2. Coverage. - Other related labor relations disputes shall include any conflict between a labor
union and the employer or any individual, entity or group that is not a labor organization or workers'
association. This includes: (1) cancellation of registration of unions and workers associations; and (2) a
petition for interpleader.
Section 3. Effects of the filing/pendency of inter/intra-union and other related labor relations disputes.
- The rights, relationships and obligations of the parties litigants against each other and other parties-
in-interest prior to the institution of the petition shall continue to remain during the pendency of the
petition and until the date of finality of the decision rendered therein. Thereafter, the rights,
relationships and obligations of the parties litigants ag ainst each other and other parties-in-interest
shall be governed by the decision so ordered.
The filing or pendency of any inter/intra-union disput e and other related labor relations dispute is not
a prejudicial question to any petition for certification election and shall not be a ground for the
dismissal of a petition for certification elec tion or suspension of proceeding s for certification election.
Section 4. Who may file. - Any legitimate labor organization or member(s) thereof specially concerned
may file a complaint or petition involving disputes or issues enumerated in Section 1 hereof. Any party-
in-interest may file a complaint or petition involving disputes or issues enumerated in Section 2
hereof. Where the issue involves the entire membership of the labor organization, the complaint or
petition shall be supported by at least thir ty percent (30%) of its members.
Section 5. Where to file. - Complaints or petitions involving labor unions with independent
registrations, chartered locals, workers' associatio ns, its officers or members shall be filed with the
Regional Office that issued its certificate of registration or certificate of creation of chartered local.
Complaints involving federations, national unions, industry unions, its officers or member
organizations shall be filed with the Bureau.
Petitions for cancellation of registration of labor unions with independent registration, chartered locals
and workers association and petitions for deregist ration of collective bargaining agreements shall be
resolved by the Regional Director. He/She may appoi nt a Hearing Officer from the Labor Relations
Division.
Other inter/intra-union disputes and related labor relations disputes shall be heard and resolved by the
Med-Arbiter in the Regional Office.
Complaints or petitions involving federations, national or industry unions, trade union centers and
their chartered locals, affiliates or member organizations shall be filed either with the Regional Office
or the Bureau. The complaint or petition shall be heard and resolved by the Bureau.
When two or more petitions involving the same parties and the same causes of action are filed, the
same shall be automatically consolidated.
Section 6. Formal requirements of the complaint or petition. - The complaint or petition shall be in
writing, verified under oath and shall, among others, contain the following:
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(a) name, address and other personal circumst ances of the complainant(s) or petitioner(s);
(b) name, address and other personal circumstan ces of the respondent(s) or person(s) charged;
(c) nature of the complaint or petition;
(d) facts and circumstances surroun ding the complaint or petition;
(e) cause(s) of action or specific violation(s) committed;
(f) a statement that the administr ative remedies provided for in the constitution and by-laws have
been exhausted or such remedies are not readily availabl e to the complainant(s) or petitioner(s)
through no fault of his/her/their own, or compliance with such administrative remedies does not
apply to omplainant(s) or petitioner(s);
(g) relief(s) prayed for;
(h) certificate of non-forum shopping; and
(i) other relevant matters.
Section 7. Raffle of the case. -Upon the filing of the complaint or petition, the Regional Director or any
of his/her authorized representative in the Regional Office and the Docket Section of the Bureau shall
allow the party filing the complaint or petition to determine the Med-Arbiter or Hearing Officer
assigned to the case by means of a raffle. Where there is on ly one Med-Arbiter or Hearing Officer in
the region, the raffle shall be dispensed with and the complaint or petition shall be assigned to
him/her.
Section 8. Notice of preliminary conference. - Immediately after the raffle of the case or receipt of the
complaint or petition, the same shall be transmi tted to the Med-Arbiter or Hearing Officer, as the case
may be, who shall in the same instance prepar e the notice for preliminary conference and cause the
service thereof upon the party filing the petition. The preliminary conference shall be scheduled within
ten (10) days from receipt of the complaint or petition.
Within three (3) days from receipt of the complaint or petition, the Med- Arbiter or Hearing Officer, as
the case may be, shall cause the service of summon s upon the respondent(s) named therein, directing
him/her to file his/her answer/comment on the complaint or petition on or before the scheduled
preliminary conference and to appear before the Med-Arbiter or Hearing Officer on the scheduled
preliminary conference.
Section 9. Conduct of preliminary conference. - The Med-Arbiter or Hearing Officer, as the case may
be, shall conduct a preliminary conference and hearing within ten (10) days from receipt of the
complaint or petition. He/She shall exert every effort to effect an amicable settlement of the dispute.
Where the parties agree to settle amicably, their agreements shall be specified in the minutes of the
conference and a decision based on compromise sha ll be issued by the Med-Arbiter or the Regional
Director, as the case may be, within five (5 ) days from the date of the mandatory conference.
Where no amicable settlement is reached, the Med-Arbiter or Hearing Officer, as the case may be,
shall proceed with the stipulation of facts, limitation or definition of the issues, clarificatory
questioning and submission of laws and jurisprudence relied upon in support of each other's claims
and defenses.
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Section 10. Conduct of Hearing(s). - The Med-Arbiter or Hearing Officer, as the case may be, shall
determine whether to call further hearing(s) on the complaint or petition.
Where the Med-Arbiter or Hearing Officer, as the case may be, decides to conduct further hearing(s),
he/she shall require the parties to submit the affidavits of their witnesses and such documentary
evidence material to prove eac h other's claims and defenses. The hearing(s) shall be limited to
clarificatory questions by the Med-Arbiter or Heari ng Officer and must be completed within twenty-
five (25) days from the date of preliminary conference.
The complaint or petition shall be considered submitted for decision after the date of the last hearing
or upon expiration of twenty-five (25) days from date of preliminary conference, whichever comes
first.
Section 11. Affirmation of testimonial evidence. - Any affidavit submitted by a party to prove his/her
claims or defenses shall be re-affirmed by the presentation of the affiant before the Med-Arbiter or
Hearing Officer, as the case may be. Any affidavit submitted without the re-affirmation of the affiant
during a scheduled hearing shall not be admitted in evidence, except when the party against whom
the affidavit is being offered admits all allegations t herein and waives the examination of the affiant.
Section 12. Filing of pleadings. - The parties may file his/her pleadings, including their respective
position papers, within the twenty-five (25) day period prescribed for the conduct of hearing(s). No
other pleading shall be considered or entertained after the case is considered submitted for decision.
Section 13. Hearing and resolution of the complaint or petition in the Bureau. - The Bureau shall
observe the same process and have t he same period within which to hear and resolve the complaints
or petitions filed before it.
Section 14. Decision. - The Bureau and the Med-Arbiter or Regional Director, as the case may be, shall
have twenty (20) days from the date of the last hearing within which to decide the complaint or
petition. The decision shall state the facts, findings, conclusion, and reliefs granted.
Section 15. Release of Decision . - The notice of decision shall be si gned by the Records Officer in the
Bureau and by the Med-Arbiter or Hearing Officer in the Regional Office. Within twenty (20) days from
date of last hearing, the decision shall be released to the parties personally on a date and time agreed
upon during the last hearing.
Section 16. Appeal. - The decision of the Med-Arbiter and Regional Director may be appealed to the
Bureau by any of the parties within ten (10) day s from receipt thereof, copy furnished the opposing
party. The decision of the Bureau Director in the exercise of his/her original jurisdiction may be
appealed to the Office of the Secretary by any party within the same period, copy furnished the
opposing party.
The appeal shall be verified under oath and shall cons ist of a memorandum of appeal specifically
stating the grounds relied upon by the appellan t, with supporting arguments and evidence.
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Section 17. Where to file appeal. - The memorandum of appeal shall be filed in the Regional Office or
Bureau where the complaint or petition originated. Within twenty-four (24) hours from receipt of the
memorandum of appeal, the Bureau or Regional Director shall cause the transmittal thereof together
with the entire records of the case to the Office of the Secretary or the Bureau, as the case may be.
Section 18. Finality of Decision. - Where no appeal is filed within the ten-day period, the Bureau and
Regional Director or Med-Arbiter, as the case may be, shall enter the finality of the decision in the
records of the case and cause the immediate implementation thereof.
Section 19. Period to reply. - A reply to the appeal may be filed by any party to the complaint or
petition within ten (10) days from receipt of the memorandum of appeal. The reply shall be filed
directly with the Bureau or the Office of the Secretary, as the case may be.
Section 20. Decision of the Bureau/Office of the Secretary. - The Bureau Director or the Secretary, as
the case may be, shall have twenty (20) days from receipt of the entire records of the case within
which to decide the appeal. The filing of the memorandum of appeal from the decision of the Med-
Arbiter or Regional Director and Bureau Director stays the implementation of the assailed decision.
The Bureau or Office of the Secretary may call the parties to a clarificatory hearing in aid of its
appellate jurisdiction.
Section 21. Finality of Decision of Bureau/Office of the Secretary. - The decision of the Bureau or the
Office of the Secretary shall become final and executory after ten (10) days from receipt thereof by the
parties, unless a motion for its reconsideration is filed by any party therein within the same period.
Only one (1) motion for reconsideration of the decision of the Bureau or the Office of the Secretary in
the exercise of their appellate jurisdiction shall be allowed.
Section 22. Execution of decision. - The decision of the Med-Arbiter and Regional Director shall
automatically be stayed pending appeal with the Bureau. The decision of the Bureau in the exercise
ofits appellate jurisdiction shall be immediately ex ecutory upon issuance of entry of final judgment.
The decision of the Bureau in the exercise of its original jurisdiction shall automatically be stayed
pending appeal with the Office of the Secretary. The decision of the Office of the Secretary shall be
immediately executory upon issuance of entry of final judgment.
Section 23. Transmittal of records to the Regional Office/Bureau. - Within forty-eight (48) hours from
notice of receipt of decision by the parties and finality of the decision, the entire records of the case
shall be remanded to the Bureau or Regional Office of origin for implementation. The implementation
of the decision shall not be stay ed unless restrained by the appropriate court.
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Doctrine: The appellate jurisdiction of the Secretary .of Labor and Employment is limited only to a
review of cancellation proceedings decided by the Bureau of Labor Relations in the exercise of its
exclusive and original jurisdiction. The Secretary of Labor and Employment has no jurisdiction over
decisions of the Bureau of Labor Relations rendered in the exercise of its appellate power to review the
decision of the Regional Director in a petition to cancel the union's certificate of registration, said
decisions being final and inappealable.
c. If the dispute is not settled, the Board shall intervene upon request of either or both parties or at its
own initiative and immediately call the parties to conciliation meetings. The Board shall have the
power to issue subpoenas requiring the attendance of the parties to such meetings. It shall be the uty
of the parties to participate fully and promptly in the conciliation meetings the Board may call;
d. During the conciliation proceedings in the Board, the parties are prohibited from doing any act
which may disrupt or impede the early settlement of the disputes; and
e. The Board shall exert all efforts to settle disputes amicably and encourage the parties to submit their
case to a voluntary arbitrator. (As amended by Section 20, Republic Act No. 6715, March 21, 1989)
All grievances submitted to the grievance machinery which are not settled within seven (7) calendar
days from the date of its submission shall automatically be referred to voluntary arbitration prescribed
in the Collective Bargaining Agreement.
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For this purpose, parties to a Collective Bargaining Agreement shall name and designate in advance a
Voluntary Arbitrator or panel of Voluntary Arbitrators, or include in the agreement a procedure for the
selection of such Voluntary Arbitrator or panel of Voluntary Arbitrators, preferably from the listing of
qualified Voluntary Arbitrators duly accredited by the Board. In case the parties fail to select a
Voluntary Arbitrator or panel of Voluntary Arbitrators, the Board shall designate the Voluntary
Arbitrator or panel of Voluntary Arbitrators, as may be necessary, pursuant to the selection procedure
agreed upon in the Collective Bargaining Agreement, which shall act with the same force and effect as
if the Arbitrator or panel of Arbitrators has been selected by the parties as described above.
The Commission, its Regional Offices and the Regional Directors of the Department of Labor and
Employment shall not entertain disputes, grievances or matters under the exclusive and original
jurisdiction of the Voluntary Arbitrator or panel of Voluntary Arbitrators and shall immediately dispose
and refer the same to the Grievance Machinery or Voluntary Arbitration provided in the Collective
Bargaining Agreement.
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void; or (d) when the questioned order amounts to an oppressive exercise of judicial authority.
However, none of these recognized exceptions attends the case at bar.
DOLE Circular No. 1, series 2006 – ADMINISTRATIVE INTERVENTION FOR DISPUTE AVOIDANCE
In line with the objectives of the Republic Act No. 9285, Executive Order No. 523 dated 07 April 2006,
and the mandate of the Department of Labor and Employment to promote industrial peace, this
administrative procedure for the voluntary settlement of labor disputes is hereby established.
1. Either or both the employer and the certified collective bargaining agent (or the representative of
the employees where there is no certified bargaining agent) may voluntarily bring to the Office of the
Secretary of Labor and Employment, through a REQUEST FOR INTERVENTION, any potential or ongoing
dispute defined below.
A potential or ongoing dispute refers to:
a. a live and active dispute;
b. that may lead to a strike or lockout or to massive labor unrest; and
c. is not the subject of any complaint or notice of strike or lockout at the time a REQUEST FOR
INTERVENTION is made.
This recourse is separate from the established dispute resolution modes of mediation, conciliation and
arbitration under the Labor Code, and is an alternative to other voluntary modes of dispute resolution
such as the voluntary submission of a dispute to the Regional Director for mediation, to the National
Conciliation and Mediation Board (NCMB) for preventive mediation, or to the intervention of a regional
or local tripartite peace council for the same purpose.
2. All REQUESTS shall be in writing and filed with the Office of the Secretary. A REQUEST shall state:
a. the name and address of the employer;
b. the name of the certified bargaining agent, or the employee representative duly designated in
writing by a majority of the employees where there is no collective bargaining agent;
c. the number of employees affected by the potential or ongoing dispute; and
d. a brief description of the potential or ongoing dispute.
3. Upon receipt of the REQUEST, the Office of the Secretary shall forthwith notify the parties and invite
them for conference.
The conference for REQUESTS coming from the National Capital Region, Regions III, IV-A or IV-B shall
be held at the Office of the Secretary of Labor and Employment unless the Secretary otherwise directs.
The conference for REQUESTS coming from the other regions shall be conducted by the Regional
Director for the Secretary.
4. The Office of the Secretary or the Regional director, in the proper case, shall proceed to intervene
after the parties shall have manifested that;
a. they voluntarily submit their potential or ongoing dispute to intervention by the Office of the
Secretary of Labor and Employment;
b. there is no pending notice of strike or lockout or any related complaint in relation with their
potential or ongoing dispute;
c. they shall refrain from any strike or lockout or any form of work stoppage or from filing any related
complaint while the Secretary's intervention is in effect; and
d. they shall abide by the agreement reached, whose terms may be enforced through the appropriate
writs issued by the Secretary of Labor and Employment.
All agreements settling the dispute shall be in writing and signed by the parties as well as the official
who mediated the dispute.
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5. The parties and officials or employees of the Department of Labor and Employment who took part in
the intervention proceedings shall not testify in any court or body regarding the disclosures,
submissions or positions made by the parties in these proceedings.
6. If the intervention fails, either or both parties may avail themselves of the remedies provided under
the Labor Code. Alternatively, the parties may submit their dispute to the Office of the Secretary for
voluntary arbitration.
Such voluntary arbitration shall be limited to the issues defined in the parties' submission to voluntary
arbitration agreement and shall be decided on the basis of the parties' position papers and submitted
evidence.
The Office of the Secretary shall resolve the dispute within sixty (60) days from the parties' submission
of the dispute for resolution.
7. This circular shall take effect fifteen (15) days after publication in a newspaper of general
publication.
Done in the City of Manila, Philippines, 11 August 2006.
E. Industrial Peace
The Secretary of Labor shall also inquire into the causes of industrial unrest and take all the necessary
steps within his power as may be prescribed by law to alleviate the same, and shall from time to time
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recommend the enactment of such remedial legislation as in his judgment may be desirable for the
maintenance and promotion of industrial peace.
F. Worker Participation in Decision and Policy making Processes Affecting Rights, Duties and
Welfare
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III. RIGHT TO SELF ORGANIZATION
A. Sources and Bases of the Right to Self-Organization
S.S. Ventures International v. S.S. Ventures Labor Union (2008)
Company: S.S. Ventures International, Inc.
Union/s: S.S. Ventures Labor Union
Issue: Decertification of a Labor Union Due to the Inclusion of Ineligible Employees
Doctrine: The right to form, join, or assist a union is specifically protected by Art. XIII, Section 3 of the
Constitution and such right, according to Art. III, Sec. 8 of the Constitution and Art. 246 of the Labor
Code, shall not be abridged. Once registered with the DOLE, a union is considered a legitimate labor
organization endowed with the right and privileges granted by law to such organization.
The Court, has in previous cases, said that to decertify a union, it is not enough to show that the union
includes ineligible employees in its membership. It must also be shown that there was
misrepresentation, false statement, or fraud in connection with the application for registration and the
supporting documents, such as the adoption or ratification of the constitution and by-laws or
amendments thereto and the minutes of ratification of the constitution or by-laws, among other
documents.
3. Philippine Constitution
4. Labor Code
Section 1. Policy.
It is the policy of the State to promote the free and responsible exercise of the right to self-
organization through the establishment of a simplified mechanism for the speedy registration of labor
unions and workers associations, determinatio n of representation status and resolution of inter/intra-
union and other related labor relations disputes. Only legitimate or registered labor unions shall have
the right to represent their members fo r collective bargaining and ot her purposes. Workers'
associations shall have the right to represent their members for purposes other than collective
bargaining.
For purposes of this section, any employee, whether employed for a definite period or not, shall
beginning on the first day of his/her service, be eligible for membership in any labor organization. All
other workers, including ambulant, intermittent and other workers, the self-employed, rural workers
and those without any definite employers may form labor organizations for their mutual aid and
protection and other legitimate purposes except collective bargaining.
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Doctrine: Self-organization is a fundamental right guaranteed by the Philippine Constitution and the
Labor Code. Employees have the right to form, join or assist labor organizations for the purpose of
collective bargaining or for their mutual aid and protection. Whether employed for a definite period or
not, any employee shall be considered as such, beginning on his first day of service, for purposes of
membership in a labor union. Corollary to this right is the prerogative not to join, affiliate with or assist
a labor union. Therefore, to become a union member, an employee must, as a rule, not only signify the
intent to become one, but also take some positive steps to realize that intent. The procedure for union
membership is usually embodied in the union's constitution and bylaws. An employee who becomes a
union member acquires the rights and the concomitant obligations that go with this new status and
becomes bound by the union's rules and regulations.
a) U.S. Laws
National Labor Relations Act (Wagner Act) (from midterms reviewer in FIGHT CD)
Purposes (according to the U.S. National Labor Relations Board):
o Protect the rights of employees and employers
o Encourage collective bargaining
o Curtail certain private sector labor and management practices, which can harm the
general welfare of workers, businesses and the U.S. economy.
Key principles:
o Encouraging the practice and procedure of collective bargaining
o Protecting the exercise by workers of full freedom of association, self-organization, and
designation of representatives of their own choosing, for the purpose of negotiating the
terms and conditions of their employment or other mutual aid or protection
Created the National Labor Relations Board, with similar powers and functions to the NLRC
Listed unfair labor practices committed by employers
U.S. Labor- Management Rel ations Act of 1947 (Taft - Hartley Act) (from midterms reviewer in FIGHT
CD)
Industrial Peace Act (R.A. 875 of 1953) (from midterms reviewer in FIGHT CD)
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be rendered nugatory if they could not choose their own leaders to speak on their behalf and to
bargain for them.
C. Worker Qualification
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D. Covered Employees/Workers
1. All Employees
(xx) "Supervisory Employee" refers to an employee w ho, in the interest of the employer, effectively
recommends managerial actions and the exercise of such authority is not merely routinary or clerical
but requires the use of independent judgment.
EO 180 – PROVIDING GUIDELINES FOR THE EXERCISE OF THE RIGHT TO ORGANIZE OF GOVERNMENT
EMPLOYEES, CREATING A PUBLIC SECTOR LABOR-MANAGEMENT COUNCIL, AND FOR OTHER PURPOSES
In accordance with the provisions of the 1987 Constitution, I, CORAZON C. AQUINO, President of the
Philippines, do hereby order:
I. Coverage
Sec. 1. This Executive Order applies to all employees of all branches, subdivisions, instrumentalities,
and agencies, of the Government, including government-owned or controlled corporations with
original charters. For this purpose, employees, covered by this Executive Order shall be referred to as
"government employees".
Sec. 2. All government employees can form, join or assist employees' organizations of their own
choosing for the furtherance and protection of their interests. They can also form, in conjunction with
appropriate government authorities, labor-management committees, works councils and other forms
of workers' participation schemes to achieve the same objectives.
Sec. 3. High-level employees whose functions are normally considered as policy-making or managerial
or whose duties are of a highly confidential nature shall not be eligible to join the organization of rank-
and-file government employees.
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Sec. 4. The Executive Order shall not apply to the members of the Armed Forces of the Philippines,
including police officers, policemen, firemen and jail guards.
II. Protection of the Right to Organize
Sec. 5. Government employees shall not be discriminated against in respect of their employment by
reason of their membership in employees' organizations or participation in the normal activities of
their organization. Their employment shall not be subject to the condition that they shall not join or
shall relinquish their membership in the employees' organizations.
Sec. 6. Government authorities shall not interfere in the establishment, functioning or administration
of government employees' organizations through acts designed to place such organizations under the
control of government authority.
III. Registration of Employees' Organization
Sec. 7. Government employees' organizations shall register with the Civil Service Commission and the
Department of Labor and Employment. The application shall be filed with the Bureau of Labor
Relations of the Department which shall process the same in accordance with the provisions of the
Labor Code of the Philippines, as amended. Applications may also be filed with the Regional Offices of
the Department of Labor and Employment which shall immediately transmit the said applications to
the Bureau of Labor Relations within three (3) days from receipt thereof.
Sec. 8. Upon approval of the application, a registration certificate be issued to the organization
recognizing it as a legitimate employees' organization with the right to represent its members and
undertake activities to further and defend its interest. The corresponding certificates of registration
shall be jointly approved by the Chairman of the Civil Service Commission and Secretary of Labor and
Employment.
IV. Sole and Exclusive Employees' Representatives
Sec. 9. The appropriate organizational unit shall be the employers unit consisting of rank-and-file
employees unless circumstances otherwise require.
Sec. 10. The duly registered employees' organization having the support of the majority of the
employees in the appropriate organizational unit shall be designated as the sole and exclusive
representative of the employees.
Sec. 11. A duly registered employees' organization shall be accorded voluntary recognition upon a
showing that no other employees' organization is registered or is seeking registration, based on
records of the Bureau of Labor Relations, and that the said organizations has the majority support of
the rank-and-file employees in the organizational unit.
Sec. 12. Where there are two or more duly registered employees' organizations in the appropriate
organizational unit, the Bureau of Labor Relations shall, upon petition, order the conduct of a
certification election and shall certify the winner as the exclusive representative of the rank-and-file
employees in said organization unit.
D. Terms and Conditions of Employment in Government Services
Sec. 13. Terms and conditions of employment or improvements thereof, except those that are fixed by
law, may be the subject of negotiations between duly recognized employees' organizations and
appropriate government authorities.
VI. Peaceful Concerted Activities and Strikes
Sec. 14. The Civil Service laws and rules governing concerted activities and strikes in the government
service shall be observed, subject to any legislation that may be enacted by Congress.
VII. Public Sector Labor-Management Council
Sec. 15. A Public Sector Labor Management Council, hereinafter referred to as the Council, is hereby
constituted to be composed of the following:
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1) Chairman, Civil Service Commission Chairman
2) Secretary, Department of Labor and Employment Vice Chairman
3) Secretary, Department of Finance Member
4) Secretary, Department of Justice Member
5) Secretary, Department of Budget and Management Member
The Council shall implement and administer the provisions of this Executive Order. For this purpose,
the Council shall promulgate the necessary rules and regulations to implement this Executive Order.
VIII. Settlement of Disputes
Sec. 16. The Civil Service and labor laws and procedures, whenever applicable, shall be followed in the
resolution of complaints, grievances and cases involving government employees. In case any dispute
remains unresolved after exhausting all the available remedies under existing laws and procedures, the
parties may jointly refer the dispute to the Council, for appropriate action.
IX. Effectivity
Sec. 17. This Executive Order shall take effect immediately.
Done in the City of Manila, this 1st day of June, in the year of Our Lord, nineteen hundred and eighty-
seven.
3. Supervisory Employees
Art. 254 Ineligibility of managerial employees to join any labor organization; right of supervisory
employees.
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 rank-and-file employees
but may join, assist or form separate labor organizations of their own. (As amended by Section 18,
Republic Act No. 6715, March 21, 1989)
(hh) "Managerial Employee" refers to an employee who is vested with powers or prerogatives to lay
down and execute management pol icies or to hire, transfe r, suspend, layoff, recall, discharge, assign
or discipline employees.
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(nn) "Rank-and-File Employee" refers to an empl oyee whose functions are neither managerial nor
supervisory in nature.
Toyota Motor Phil. Corp. v Toyota Phil. Corp. Labor Union (1997)
Company: Toyota Motor Corporation
Union/s: Toyota Motor Philippines Corporation Labor Union (TMPCLU)
Issue: Effect of inclusion of Rank and File and Supervisory Employees in a single Union
Doctrine: Clearly, based on this provision (Art. 245), a labor organization composed of both rank-and-
file and supervisory employees is no labor organization at all. It cannot, for any guise or purpose, be a
legitimate labor organization. Not being one, an organization which carries a mixture of rank-and-file
and supervisory employees cannot possess any of the rights of a legitimate labor organization,
including the right to file a petition for certification election for the purpose of collective bargaining. It
becomes necessary, therefore, anterior to the granting of an order allowing a certification election, to
inquire into the composition of any labor organization whenever the status of the labor organization is
challenged on the basis of Article 245 of the Labor Code.
Note: No longer applicable due to amendments of the Labor Code on automatic removal of the
ineligible members.
Tagaytay Highlands International Golf Club, Inc. v Tagaytay Highlands Employees Union (2003)
Company: Tagaytay Highlands International Golf Club, Inc.
Union/s: Tagaytay Highlands Employees Union – Philippine Transport and General Workers
Organization (PTGWO)
Issue: Effect of inclusion of Rank and File and Supervisory Employees in a single Union
Doctrine: After a certificate of registration is issued to a union, its legal personality cannot be subject to
collateral attack. It may be questioned only in an independent petition for cancellation in accordance
with Section 5 of Rule V, Book IV of the IRR. The inclusion in a union of disqualified employees is not
among the grounds for cancellation, unless such inclusion is due to misrepresentation, false statement
or fraud under the circumstances enumerated in Sections (a) and (c) of Article 239 of above-quoted
Article 239 of the Labor Code.
As for the lack of mutuality of interest argument of petitioner, it, at all events, does not lie given, as
found by the court a quo, its failure to present substantial evidence that the assailed employees are
actually occupying supervisory positions. What is essential is the nature of the employee’s function and
not the nomenclature or titlegiven to the job which determines whether the employee has rank-and-
file or managerial status or whether he is a supervisory employee.
Note: Legal personality still cannot be subject to collateral attack. But the issue of inclusion of R&F and
Supervisory employees in one union is not a ground for cancellation, only automatically deemed
removed (RA 9481).
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4. Aliens
b. This prohibition shall equally apply to foreign donations, grants or other forms of assistance, in cash
or in kind, given directly or indirectly to any employer or employer’s organization to support any
activity or activities affecting trade unions.
c. The Secretary of Labor shall promulgate rules and regulations to regulate and control the giving and
receiving of such donations, grants, or other forms of assistance, including the mandatory
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5. Security Guards
E. Excluded Employees/Workers
1. Managerial Employees
c. Fraud or willful breach by the employee of the trust reposed in him by his employer or duly
authorized representative;
d. Commission of a crime or offense by the employee against the person of his employer or any
immediate member of his family or his duly authorized representatives; and
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Art. 256 Non-abridgment of right to self-organization.
It 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 organizations for the purpose of collective bargaining through
representatives of their own choosing and to engage in lawful concerted activities for the same
purpose for their mutual aid and protection, subject to the provisions of Article 264 of this Code. (As
amended by Batas Pambansa Bilang 70, May 1, 1980)
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that implement their organizations' policies and to balance the demands of their superiors with the
capacities of their subordinates.
TOP MANAGERS — Composed of a comparatively small group of executives, top management is
responsible for the overall management of the organization. It establishes operating policies and
guides the organization's interactions with its environment.
2. Confidential Employees
San Miguel Corporation Supervisors and Exempt Employees Union v. Laguesma (1997)
Company: SMC Magnolia Poultry Products Plants of Cabuyao, San Fernando and Otis
Union/s: San Miguel Corporation Supervisors and Exempt Union
Issue: Requirements to consider an employee as a confidential employee
Doctrine: Confidential employees are those who (1) assist or act in a confidential capacity, (2) to
persons who formulate, determine, and effectuate management policies in the field of labor
relations. The two criteria are cumulative, and both must be met if an employee is to be considered a
confidential employee – that is, the confidential relationship must exist between the employees and
his supervisor, and the supervisor must handle the prescribed responsibilities relating to labor
relations. The exclusion from bargaining units of employees who, in the normal course of their duties,
become aware of management policies relating to labor relations is a principal objective sought to be
accomplished by the “confidential employee rule.” The broad rationale behind this rule is that
employees should not be placed in a position involving a potential conflict of interests. “Management
should not be required to handle labor relations matters through employees who are represented by
the union with the company is required to deal and who in the normal performance of their duties may
obtain advance information of the company’s position with regard to contract negotiations, the
disposition of grievances, or other labor relations matters.”
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Issue: Managers’ Union affiliation with a National Union or Federation with a R&F Union of the same
company; Confidential Employees
Doctrine: Thus, if the intent of the law is to avoid a situation where supervisors would merge with the
rank-and-file or where the supervisors' labor organization would represent conflicting interests, then a
local supervisors' union should not be allowed to affiliate with the national federation of union of rank-
and-file employees where that federation actively participates in union activity in the company. The
Court emphasizes that the limitation is not confined to a case of supervisors' wanting to join a rank-
and-file union. The prohibition extends to a supervisors' local union applying for membership in a
national federation the members of which include local unions of rank and file employees.
A confidential employee is one entrusted with confidence on delicate matters, or with the custody,
handling, or care and protection of the employer's property. While Art. 245 of the Labor Code singles
out managerial employee as ineligible to join, assist or form any labor organization, under the doctrine
of necessary implication, confidential employees are similarly disqualified. This doctrine states that
what is implied in a statute is as much a part thereof as that which is expressed.
3. Worker/Member of Cooperative
5. Non-employees
F. Party Protected
Mactan Workers Union v. Aboitiz (1972)
Company: Cebu Shipyard and Engineering Works, Inc.
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Union/s: Mactan Workers Union & Associated Labor Union
Issue: Party Protected by the Exclusive Bargaining Agent
Doctrine: It is a well-settled doctrine that the benefits of a collective bargaining agreement extend to
the laborers and employees in the collective bargaining unit, including those who do not belong to the
chosen bargaining labor organization. Any other view would be a discrimination on which the law
frowns. The labor union that gets the majority vote as the exclusive bargaining representative does not
act for its members alone. It represents all the employees in such a bargaining unit. It is not to be
indulged in any attempt on its part to disregard the rights of non-members.
The provisions of the preceding paragraph notwithstanding, only the officers and agents of
corporations, associations or partnerships who have actually participated in, authorized or ratified
unfair labor practices shall be held criminally liable. (As amended by Batas Pambansa Bilang 130,
August 21, 1981)
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Art. 259 Unfair labor practices of labor organizations.
It shall be unfair labor practice for a labor organization, its officers, agents or representatives:
a. To restrain or coerce employees in the exercise of their right to self-organization. However, a labor
organization shall have the right to prescribe its own rules with respect to the acquisition or retention
of membership;
c. To violate the duty, or refuse to bargain collectively with the employer, provided it is the
representative of the employees;
d. To cause or attempt to cause an employer to pay or deliver or agree to pay or deliver any money or
other things of value, in the nature of an exaction, for services which are not performed or not to be
performed, including the demand for fee for union negotiations;
e. To ask for or accept negotiation or attorney’s fees from employers as part of the settlement of any
issue in collective bargaining or any other dispute; or
The provisions of the preceding paragraph notwithstanding, only the officers, members of governing
boards, representatives or agents or members of labor associations or organizations who have actually
participated in, authorized or ratified unfair labor practices shall be held criminally liable. (As amended
by Batas Pambansa Bilang 130, August 21, 1981)
Any provision of law to the contrary notwithstanding, any criminal offense punished in this Code, shall
be under the concurrent jurisdiction of the Municipal or City Courts and the Courts of First Instance.
(As amended by Section 3, Batas Pambansa Bilang 70)
Art. 303 Who are liable when committed by other than natural person.
If the offense is committed by a corporation, trust, firm, partnership, association or any other entity,
the penalty shall be imposed upon the guilty officer or officers of such corporation, trust, firm,
partnership, association or entity
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Art. 286 Penalties.
a. Any person violating any of the provisions of Article 264 of this Code shall be punished by a fine of
not less than one thousand pesos (P1,000.00) nor more than ten thousand pesos (P10,000.00) and/or
imprisonment for not less than three months nor more than three (3) years, or both such fine and
imprisonment, at the discretion of the court. Prosecution under this provision shall preclude
prosecution for the same act under the Revised Penal Code, and vice versa.
b. Upon the recommendation of the Minister of Labor and Employment and the Minister of National
Defense, foreigners who violate the provisions of this Title shall be subject to immediate and summary
deportation by the Commission on Immigration and Deportation and shall be permanently barred from
re-entering the country without the special permission of the President of the Philippines. (As
amended by Section 16, Batas Pambansa Bilang 130 and Section 7, Batas Pambansa Bilang 227)
No strike or lockout shall be declared after assumption of jurisdiction by the President or the Minister
or after certification or submission of the dispute to compulsory or voluntary arbitration or during the
pendency of cases involving the same grounds for the strike or lockout.
Any worker whose employment has been terminated as a consequence of any unlawful lockout shall
be entitled to reinstatement with full backwages. Any union officer who knowingly participates in an
illegal strike and any worker or union officer who knowingly participates in the commission of illegal
acts during a strike may be declared to have lost his employment status: Provided, That mere
participation of a worker in a lawful strike shall not constitute sufficient ground for termination of his
employment, even if a replacement had been hired by the employer during such lawful strike.
b. No person shall obstruct, impede, or interfere with, by force, violence, coercion, threats or
intimidation, any peaceful picketing by employees during any labor controversy or in the exercise of
the right to self-organization or collective bargaining, or shall aid or abet such obstruction or
interference.
c. No employer shall use or employ any strike-breaker, nor shall any person be employed as a strike-
breaker.
d. No public official or employee, including officers and personnel of the New Armed Forces of the
Philippines or the Integrated National Police, or armed person, shall bring in, introduce or escort in any
manner, any individual who seeks to replace strikers in entering or leaving the premises of a strike
area, or work in place of the strikers. The police force shall keep out of the picket lines unless actual
violence or other criminal acts occur therein: Provided, That nothing herein shall be interpreted to
prevent any public officer from taking any measure necessary to maintain peace and order, protect life
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and property, and/or enforce the law and legal order. (As amended by Executive Order No. 111,
December 24, 1986)
e. No person engaged in picketing shall commit any act of violence, coercion or intimidation or
obstruct the free ingress to or egress from the employer’s premises for lawful purposes, or obstruct
public thoroughfares. (As amended by Batas Pambansa Bilang 227, June 1, 1982)
b. To promote free trade unionism as an instrument for the enhancement of democracy and the
promotion of social justice and development;
c. To foster the free and voluntary organization of a strong and united labor movement;
d. To promote the enlightenment of workers concerning their rights and obligations as union members
and as employees;
g. To ensure the participation of workers in decision and policy-making processes affecting their rights,
duties and welfare.
B. Definition
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Book V, Rule I, Sec. 1 (cc)
(cc) "Labor Organization" refers to any union or association of employees in the private sector which
exists in whole or in part for the purpose of collective bargaining, mutual aid, interest, cooperation,
protection, or other lawful purposes.
i. "Company union" means any labor organization whose formation, function or administration has
been assisted by any act defined as unfair labor practice by this Code.
j. "Bargaining representative" means a legitimate labor organization whether or not employed by the
employer.
Book V, Rule I, Sec. 1(cc), (ee), (ff), (zz), (ccc), (t), (j);
(cc) "Labor Organization" refers to any union or association of employees in the private sector which
exists in whole or in part for the purpose of collective bargaining, mutual aid, interest, cooperation,
protection, or other lawful purposes.
(ee) "Legitimate Labor Organization" refers to any labor organization in the private sector registered
or reported with the Department in accordan ce with Rules III and IV of these Rules.
(ff) "Legitimate Workers' Association" refers to an association of workers organized for mutual aid and
protection of its members or for any legitimate pur pose other than collective bargaining registered
with the Department in accordance with Rule III, Sections 2-C and 2-D of these Rules.
(zz) "Union" refers to any labor organization in t he private sector organized for collective bargaining
and for other legitimate purposes.
(ccc) "Workers' Association" refers to an associat ion of workers organized for the mutual aid and
protection of its members or for any legitimate purpose other than collective bargaining.
(t) "Exclusive Bargaining Representative" refers to a legitimate labor union duly recognized or certified
as the sole and exclusive bargaining representative or agent of all the employees in a bargaining unit.
(j) "Collective Bargaining Agreement" or "CBA" refers to the contract between a legitimate labor union
and the employer concerning wages, hours of work, a nd all other terms and conditions of employment
in a bargaining unit.
D.O. 40-B-03
Sec. 2. Sec. 1(i), Rule I (of Book 5 of the implementing rules) is hereby amended as follows:
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“(i) Chartered Local” refers to a labor organization in the private sector operating at the
enterprise level that acquired legal personality through registration with the Regional Office with Rule
III, Sec. 2-E of these Rules.
All the foregoing supporting requirements shall be certified under oath by the Secretary or the
Treasurer of the local/chapter and attested by its President.”
Sec. 4. All chartered locals duly-registered prior to the effecticity of this amendatory issuance shall
maintain their legitimate status, with all rights and obligations appurtenant thereto.
1. Labor Union
a) Legitimate Organization
b) Company Union
2. Workers Association
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Book V, Rule I, Sec. 1 (ccc); (supra on page 46)
b. The names of its officers, their addresses, the principal address of the labor organization, the
minutes of the organizational meetings and the list of the workers who participated in such meetings;
c. The names of all its members comprising at least twenty percent (20%) of all the employees in the
bargaining unit where it seeks to operate; (As amended by Executive Order No. 111, December 24,
1986)
d. If the applicant union has been in existence for one or more years, copies of its annual financial
reports; and
e. Four (4) copies of the constitution and by-laws of the applicant union, minutes of its adoption or
ratification, and the list of the members who participated in it. (As amended by Batas Pambansa Bilang
130, August 21, 1981)
San Miguel Employees Union – PTGWO v. San Miguel Packaging Products Employees Union – PDMP
(2007)
Company: San Miguel Corporation (SMC)
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Union/s: San Miguel Corporation Employees Union – Philippine Transport and General Workers
Organization (SMCEU-PTGWO) & San Miguel Packaging Products Employees Union–Pambansang Diwa
Ng Manggagawang Pilipino (SMPPEU–PDMP)
Issue: Trade Union Center’s authority to create a local Chapter
Doctrine: A duly registered federation or national union may directly create a local or chapter by
submitting to the DOLE Regional Office or to the BLR two copies of the following:
(a) A charter certificate issued by the federation or national union indicating the creation or
establishment of the local/chapter;
(b) The names of the local/chapter's officers, their addresses, and the principal office of the
local/chapter; and
(c) The local/chapter's constitution and by-laws; Provided, That where the local/chapter's constitution
and by-laws is the same as that of the federation or national union, this fact shall be indicated
accordingly.
All the foregoing supporting requirements shall be certified under oath by the Secretary or the
Treasurer of the local/chapter and attested to by its President.
A trade union center is any group of registered national unions or federations organized for the mutual
aid and protection of its members; for assisting such members in collective bargaining; or for
participating in the formulation of social and employment policies, standards, and programs, and is
duly registered with the DOLE in accordance with Rule III, Section 2 of the Implementing Rules.
Article 234 now includes the term trade union center, but interestingly, the provision indicating the
procedure for chartering or creating a local or chapter, namely Article 234- A, still makes no mention of
a "trade union center." This Court deems it proper to apply the Latin maxim expressio unius est
exclusion alterius.
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E. Regulation of Labor Organization
1. Union Registration: Procedure
b. The names and addresses of the companies where the locals or chapters operate and the list of all
he members in each company involved.
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1) the name of the applicant labor union, its principal address, the name of its officers and their
respective addresses, approximate number of empl oyees in the bargaining unit where it seeks to
operate, with a statement that it is not reported as a chartered local of any federation or national
unio
2) the minutes of the organizational meeting(s) an d the list of employees who participated in the said
meeting(s);
3) the name of all its members comprising at leas t 20% of the employees in the bargaining unit;
4) the annual financial reports if the applicant has been in existence for one or more years, unless it
not collected any amount from the members, in which case a statement to this effect shall be includein
the application;
5) the applicant's constitution and by-laws, minutes of its adoption or ratification, and the list of the
members who participated in it. The list of ratifying members shall be dispensed with where the
constitution and by-laws was ratified or adopted during the organizational meeting. In such a case, the
factual circumstances of the ratification shall be recorded in the minutes of the organizational
meeting(s).
B. The application for registration of federations and national unions shall be accompanied by the
following documents:
1) a statement indicating the name of the applicant labor union, its principal address, the name of its
meeting(s);
3) the annual financial reports if the applicant union has been in existence for one or more years,
unless it has not collected any amount from the members, in which case a statement to this effect shall
be included in the application;
4) the applicant union's constitution and by-laws, minute s of its adoption or ratification, and the list of
the members who participated in it. The list of ratifying members shall be di spensed with where the
constitution and by-laws was ratified or adopted durin g the organizational meeting(s). In such a case,
the factual circumstances of the ratification shall be recorded in the minutes of the organizational
meeting(s);
5) the resolution of affiliation of at least ten (10) legitimate labor organizations, whether independent
unions or chartered locals, each of which must be a duly certified or recognized bargaining agent in the
establishment where it seeks to operate; and
6) the name and addresses of the companies where the affiliates operate and the list of all the
members in each company involved.
Labor organizations operating within an identified industry may also apply for registration as a
federation or national union within the specified industry by submitting to the Bureau the same set of
documents.
C. The application for registration of a workers' association shall be accompanied by the following
documents:
1) the name of the applicant association, its principal address, the name of its officers and their
respective addresses;
2) the minutes of the organizational meeting(s) and the list of members who participated therein;
3) the financial reports of the appl icant association if it has been in existence for one or more years,
unless it has not collected any amount from the members, in which case a statement to this effect shall
be included in the application;
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4) the applicant's constitution and by-laws to which must be attached the names of ratifying
members, the minutes of adoption or ratification of the constitution and by-laws and the date when
ratification was made, unless ratification was done in the organizational meeting(s), in which case such
fact shall be reflected in the minutes of the organizational meeting(s).
D. Application for registration of a workers' association operating in more than one region shall be
accompanied, in addition to the requirements in the preceding subsection, by a resolution of
membership of each member association, duly approved by its board of directors.
E. The report of creation of a chartered local shall be accompanied by a charter certificate issued by
the federation or national union indicating the creat ion or establishment of the chartered local.
All the foregoing supporting requirements shall be certified under oath by the Secretary or the
Treasurer of the local/chapter and attested by its President.
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b) Action on Application; Denial of Registration
Section 5. Denial of Application/Return of Notice. - Where the documents supporting the application
for registration/notice of change of name, affiliation, merger and consolidation are incomplete or do
not contain the required certification and attestation, the Regional Office or the Bureau shall, within
five (5) days from receipt of the application/notice, notify the applicant/labor organization concerned
in writing of the necessary requirements and complete the same within thirty (30) days from receipt of
notice.
Where the applicant/labor organization concerned fails to complete the requirements within the time
prescribed, the application for registration shall be denied, or the notice of change of name, affiliation,
merger and consolidation returned, without prejudice to filing a new application or notice.
Section 6. Form of Denial of Application/Return of Notice; Appeal. - The notice of the Regional
Office or the Bureau denying the application for registration/returning the notice of change of name,
affiliation, merger or consolidation s hall be in writing stating in clear terms the reasons for the denial
or return. The denial may be appealed to the Bureau if denial is made by the Regional Office or to the
Secretary if denial is made by the Bureau, within ten (10) days from receipt of such notice, on the
ground of grave abuse of discretion or violation of these Rules.
Section 7. Procedure on appeal. - The memorandum of appeal shall be filed with the Regional Office or
the Bureau that issued the denial/return of notice. The memorandum of appeal together with the
complete records of the ap plication for registration/no tice of change of name, affiliation, merger or
consolidation, shall be transmitted by the Regional Office to the Bureau or by the Bureau to the Office
of the Secretary, within twenty-four (24) hours from receipt of the memorandum of appeal.
The Bureau or the Office of the Secretary shall de cide the appeal within twenty (20) days from receipt
of the records of the case.
Such legal personality may be questioned only through an independent petition for cancellation of
union registration in accordance with Rule XIV of these Rules, and not by way of collateral attack in
petition for certification election proceedings under Rule VIII.
(a) To act as the representative of its members for the purpose of collective bargaining;
(b) To be certified as the exclusive representative of all the employees in an appropriate bargaining
unit for purposes of collective bargaining;
(c) To be furnished by the employer, upon written request, with its annual audited financial
statements, including the balance sheet and the profit and loss statement, within thirty (30) calendar
days from the date of receipt of the request, after the union has been duly recognized by the employer
or certified as the sole and exclusive bargaining representative of the employees in the bargaining unit,
or within sixty (60) calendar days before the expiration of the existing collective bargaining agreement,
or during the collective bargaining negotiation;
(d) To own property, real or personal, for the use and benefit of the labor organization and its
members;
(e) To sue and be sued in its registered name; and
(f) To undertake all other activities designed to benefit the organization and its members, including
cooperative, housing, welfare and other projects not contrary to law.
Notwithstanding any provision of a general or special law to the contrary, the income and the
properties of legitimate labor organizations, including grants, endowments, gifts, donations and
contributions they may receive from fraternal and similar organizations, local or foreign, which are
actually, directly and exclusively used for their lawful purposes, shall be free from taxes, duties and
other assessments. The exemptions provided herein may be withdrawn only by a special law expressly
repealing this provision.
(a) Its constitution and by-laws, or amendments thereto, the minutes of ratification, and the list of
members who took part in the ratification of the constitution and by-laws within thirty (30) days from
adoption or ratification of the constitution and by-lam or amendments thereto;
(b) Its list of officers, minutes of the election of officers, and list of voters within thirty (30) days from
election;
(c) Its annual financial report within thirty (30) days after the close of every fiscal year; and
(d) Its list of members at least once a year or whenever required by the Bureau.
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Failure to comply with the above requirements shall not be a ground for cancellation of union
registration but shall subject the erring officers or members to suspension, expulsion from
membership, or any appropriate penalty.
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Baptista, et al. v Villanueva, et al. (2013)
Company: Radio Phils. Network
Union: Radio Phils. Network Employees Union (RPNEU)
Issue: WON the petitioners’ acts were violative of the CBL and thus warranted their expulsion from the
union?
Doctrine: YES. It is well-settled that workers’ and employers’ organizations shall have the
right to draw up their constitutions and rules to elect their representatives in full freedom,
to organize their administration and activities and to formulate their programs. RPNEU’s
Constitution and By-Laws expressly mandate that before a party is allowed to seek the
intervention of the court, it is a pre-condition that he should have availed of all the internal
remedies within the organization. Petitioners violated the provisions of the union’s Constitution
and By-Laws when they filed petitions for impeachment before the DOLE without first exhausting
all internal remedies available within their organization. This act is a ground for expulsion from
union membership, expressly sanctioned by the union’s Constitution and By-Laws.
(a) Misrepresentation, false statement or fraud in connection with the adoption or ratification of the
constitution and by-laws or amendments thereto, the minutes of ratification, and the list of members
who took part in the ratification;
(b) Misrepresentation, false statements or fraud in connection with the election of officers, minutes of
the election of officers, and the list of voters;
(c) Voluntary dissolution by the members.
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Art. 249(j). Rights and Conditions of Membership in a Labor Organization.
(j) Every income or revenue of the organization shall be evidenced by a record showing its source, and
every expenditure of its funds shall be evidenced by a receipt from the person to whom the payment is
made, which shall state the date, place and purpose of such payment. Such record or receipt shall form
part of the financial records of the organization.
Any action involving the funds of the organization shall prescribe after three (3) years from the date of
submission of the annual financial report to the Department of Labor and Employment or from the
date the same should have been submitted as required by law, whichever comes earlier; Provided,
That this provision shall apply only to a legitimate labor organization which has submitted the financial
report requirements under this Code; Provided, further, that failure of any labor organization to
comply with the periodic financial reports required by law and such rules and regulations promulgated
thereunder six (6) months after the effectivity of this Act shall automatically result in the cancellation
of union registration of such labor organization;
The petition for cancellation or application for voluntary dissolution shall be filed in the regional office
which issued its certificate of registration or creation.
In the case of federations, national or industry unions and trade union centers, the Bureau Director
may cancel the registration upon the filing of a petition for cancellation or application for voluntary
dissolution in the Bureau of Labor Relations.
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Issue: WON the union committed misrepresentation warranting the cancellation of their union’s
registration certificate?
Doctrine: NO. The charge that a labor organization committed fraud and misrepresentation in
securing its registration is a serious charge and deserves close scrutiny. It is serious because once
such charge is proved, the labor union acquires none of the rights accorded to registered
organizations. Consequently, charges of this nature should be clearly established by evidence
and the surrounding circumstances. In this case, the discrepancies were due to the number of
attendees to the meeting having grown during the 12 hours that had passed since the roll call. The
Labor Code and its implementing rules do not require that the number of members appearing on
the documents in question should completely dovetail. For as long as the documents and signatures
are shown to be genuine and the constitution and by-laws democratically ratified, the union has
complied with registration requirements.
3. Reportorial Requirements
G. Union-Member Relations
(a) No arbitrary or excessive initiation fees shall be required of the members of a legitimate labor
organization nor shall arbitrary, excessive or oppressive fine and forfeiture be imposed;
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(b) The members shall be entitled to full and detailed reports from their officers and representatives of
all financial transactions as provided for in the constitution and by-laws of the organization;
(c) The members shall directly elect their officers, including those of the national union or federation to
which they or their union is affiliated, by secret ballot at intervals of five (5) years. No qualification
requirements for candidacy to any position shall be imposed other than membership in good standing
in subject labor organization. The secretary or any other responsible union officer shall furnish the
Secretary of Labor and Employment with a list of the newly-elected officers, together with the
appointive officers or agents who are entrusted with the handling of funds, within thirty (30) calendar
days after the election of officers or from the occurrence of any change in the list of officers of the
labor organization;
(d) The members shall determine by secret ballot, after due deliberation, any question of major policy
affecting the entire membership of the organization, unless the nature of the organization or force
majeure renders such secret ballot impractical, in which case, the board of directors of the
organization may make the decision in behalf of the general membership;
(e) No labor organization shall knowingly admit as members or continue in membership any individual
who belongs to a subversive organization or who is engaged directly or indirectly in any subversive
activity;
(f) No person who has been convicted of a crime involving moral turpitude shall be eligible for election
as a union officer or for appointment to any position in the union;
(g) No officer, agent or member of a labor organization shall collect any fees, dues, or other
contributions in its behalf or make any disbursement of its money or funds unless he is duly authorized
pursuant to its constitution and by-laws;
(h) Every payment of fees, dues or other contributions by a member shall be evidenced by a receipt
signed by the officer or agent making the collection and entered into the record of the organization to
be kept and maintained for the purpose;
(i) The funds of the organization shall not be applied for any purpose or object other than those
expressly provided by its constitution and by-laws or those expressly authorized by written resolution
adopted by the majority of the members at a general meeting duly called for the purpose;
(j) Every income or revenue of the organization shall be evidenced by a record showing its source, and
every expenditure of its funds shall be evidenced by a receipt from the person to whom the payment is
made, which shall state the date, place and purpose of such payment. Such record or receipt shall form
part of the financial records of the organization.
Any action involving the funds of the organization shall prescribe after three (3) years from the date of
submission of the annual financial report to the Department of Labor and Employment or from the
date the same should have been submitted as required by law, whichever comes earlier: Provided,
That this provision shall apply only to a legitimate labor organization which has submitted the financial
report requirements under this Code: Provided, further, that failure of any labor organization to
comply with the periodic financial reports required by law and such rules and regulations promulgated
thereunder six (6) months after the effectivity of this Act shall automatically result in the cancellation
of union registration of such labor organization;
(k) The officers of any labor organization shall not be paid any compensation other than the salaries
and expenses due to their positions as specifically provided for in its constitution and by-laws, or in a
written resolution duly authorized by a majority of all the members at a general membership meeting
duly called for the purpose. The minutes of the meeting and the list of participants and ballots cast
shall be subject to inspection by the Secretary of Labor or his duly authorized representatives. Any
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irregularities in the approval of the resolutions shall be a ground for impeachment or expulsion from
the organization;
(l) The treasurer of any labor organization and every officer thereof who is responsible for the account
of such organization or for the collection, management, disbursement, custody or control of the funds,
moneys and other properties of the organization, shall render to the organization and to its members a
true and correct account of all moneys received and paid by him since he assumed office or since the
last day on which he rendered such account, and of all bonds, securities and other properties of the
organization entrusted to his custody or under his control. The rendering of such account shall be
made:
(1) At least once a year within thirty (30) days after the close of its fiscal year;
(2) At such other times as may be required by a resolution of the majority of the members of the
organization; and
(3) Upon vacating his office.
The account shall be duly audited and verified by affidavit and a copy thereof shall be furnished the
Secretary of Labor.
(m) The books of accounts and other records of the financial activities of any labor organization shall
be open to inspection by any officer or member thereof during office hours;
(n) No special assessment or other extraordinary fees may be levied upon the members of a labor
organization unless authorized by a written resolution of a majority of all the members in a general
membership meeting duly called for the purpose. The secretary of the organization shall record the
minutes of the meeting including the list of all members present, the votes cast, the purpose of the
special assessment or fees and the recipient of such assessment or fees. The record shall be attested to
by the president.
(o) Other than for mandatory activities under the Code, no special assessments, attorney’s fees,
negotiation fees or any other extraordinary fees may be checked off from any amount due to an
employee without an individual written authorization duly signed by the employee. The authorization
should specifically state the amount, purpose and beneficiary of the deduction; and
(p) It shall be the duty of any labor organization and its officers to inform its members on the
provisions of its constitution and by-laws, collective bargaining agreement, the prevailing labor
relations system and all their rights and obligations under existing labor laws.
For this purpose, registered labor organizations may assess reasonable dues to finance labor relations
seminars and other labor education activities.
Any violation of the above rights and conditions of membership shall be a ground for cancellation of
union registration or expulsion of officers from office, whichever is appropriate. At least thirty percent
(30%) of the members of a union or any member or members specially concerned may report such
violation to the Bureau. The Bureau shall have the power to hear and decide any reported violation to
mete the appropriate penalty.
Criminal and civil liabilities arising from violations of above rights and conditions of membership shall
continue to be under the jurisdiction of ordinary courts.
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(a) To restrain or coerce employees in the exercise of their right to self-organization. However, a labor
organization shall have the right to prescribe its own rules with respect to the acquisition or retention
of membership;
1. Nature of Relationship
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Salunga v CIR (1967)
Company: San Miguel Brewery Inc.
Union: NABAILUP-PAFLY
Issue: WON an employee can be validly terminated pursuant to a closed-shop agreement?
Doctrine: Labor Unions are not entitled to arbitrarily exclude qualified applicants for membership,
and a closed-shop provision would not justify the employer in discharging, or a union insisting in the
discharge of an employee whom the union refuses to admit to membership without any reasonable
ground. Thus, while generally the State may not compel the union to admit an individual as a member,
this scenario is an exception.
Book V, Rule XII. Election of officers of labor unions and workers’ associations.
Sec. 1. Conduct of election of union officers; Procedure in the absence of provisions in the constitution
and by-laws.
In the absence of any agreement among the members or any provision in the constitution and by-laws
of a labor union or workers’ association, the following guidelines may be adopted in the election of
officers:
(a) within sixty (60) days before the expiration of the term of the incumbent officers, the president of
the labor organization shall constitute a committee on election to be composed of at least three (3)
members who are not running for any position in the election, provided that if there are identifiable
parties within the labor organization, each party shall have equal representation in the committee;
(b) upon constitution, the members shall elect the chairman of the committee from among
themselves, and in case of disagreement, the president shall designate the chairman;
(c) within ten (10) days from its constitution, the committee shall, among others, exercise the following
powers and duties:
1) set the date, time and venue of the election;
2) prescribe the rules on the qualification and eligibility of candidates and voters;
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3) prepare and post the voters’ list and the list of qualified candidates;
4) accredit the authorized representatives of the contending parties;
5) supervise the actual conduct of the election and canvass the votes to ensure the sanctity of
the ballot;
6) keep minutes of the proceedings;
7) be the final arbiter of all election protests;
8) proclaim the winners; and
9) prescribe such other rules as may facilitate the orderly conduct of election.
Sec. 2. Dispute over conduct of election of officers.
Where the terms of the officers of a labor organization have expired and its officers failed or neglected
to do so call for an election of new officers, or where the labor organization’s constitution and by-laws
do not provide for the manner by which the said election can be called or conducted and the
intervention of the Department is necessary, at least thirty percent (30%) of the members of the labor
organization may file a petition for the conduct of election of their officers with the Regional Office
that issued its certificate of registration or certificate of creation of chartered local.
In the case of federations, national or industry unions and trade union centers, the petition shall be
filed with the Bureau or the Regional Office but shall be heard and resolved by the Bureau.
This rule shall also apply where a conduct of election of officers is an alternative relief or necessary
consequence of a petition for nullification of election of officers, impeachment/expulsion of officers, or
such other petitions.
Sec. 5. Applicability of the provisions of the labor organization’s constitution and by-laws.
Where the conduct of election of officers is ordered by the Med-Arbiter, the Bureau or Office of the
Secretary, the rules and regulations governing the filing of candidacies and conduct of election under
the constitution and by-laws of the labor organization may be applied in the implementation of the
decision, or new and additional rules may be adopted as agreed upon by the parties.
The entire proceedings shall be presided by the Election Officer from the Labor Relations Division of
the Regional Office of the Bureau. He/Shall act as the COMELEC referred to in the labor organization’s
constitution and by-laws and obligate himself/herself to comply with his/her mandate under the
decision to be implemented and the constitution and by-laws.
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Union: FFW Staff Association
Issue: Extent of the power of election committee
Doctrine: The Comelec is vested with the power under the FFW constitution to screen candidates and
determine their qualifications and eligibility to run, as well as adopt and promulgate rules concerning
the conduct of elections. Also, under the IRR of the LC, the Committee shall have the power to
prescribe rules on qualification and eligibility of candidates and rules to facilitate the orderly conduct
of elections. Also they are the final arbiter of all election protests. FFW constitution is clear: “ no
member of the Governing Board shall at the same time perform functions of the rank and file staff”
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for the valid demotion of an employee do not apply to the reversion of petitioner from shop steward
to checker I, being that it is a union decision, not a company one. However, due to petitioner’s
separation from both union and company due to his quitclaim, he can no longer be reinstated to the
position.
Art. 249(a), (b), (c), (g), (h), (j), (k), (l), (m), (n), (o), (p). (supra on page 59)
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Pacific Banking Corp v Clave (1984)
Company: Pacific Banking Corp
Union: Pacific Banking Employees Organization
Issue: WON the attorney’s fees for counsel’s participation in CBA negotiations could be paid with
economic benefits received from such negotiations?
Doctrine: NO. There is no doubt that union counsel should be paid his fees but Art 222 ordains that
union funds be used for that purpose. The money herein does not constitute union funds but the
money of the employees. The union, not the employees, is obligated to the union counsel.
Art. 242, LC also provides that (n) no special assessment or other extraordinary fees may be levied
upon the members of a labor org unless authorized by a written resolution of a majority of members at
a general membership meeting duly called for the purpose. Secretary shall record minutes, member
attendance, votes cast, and shall be attested to by the president. (o) Other than for mandatory
activities, no special assessment, atty’s fees, negotiation fees or any other extraordinary fees may be
checked off from any amount due an employee without an individual written authorization duly signed
by the employee.
Kaisahan at Kapatiran ng Manggagawa sa MWC-East Zone Union & Borela v Manila Water Co.
Company: Manila Water Co.
Union: KKM-MWC-EZU
Issue: WON Bad faith is essential for the award of attorney’s fees for withholding of wages?
Doctrine: NO. Although an express finding of facts and law is still necessary to prove the merit of the
award, there need not be any showing that the employer acted maliciously or in bad faith when it
withheld the wages before an award of attorney’s fees under Art. 111 shall be given. The employee’s
welfare should be the primary and paramount consideration.
Also, a distinction must be made as regards atty’s fees as payment for services, and those awarded as
penalty for forced litigation. (Ordinary AF’s v Extraordinary AF’s)
e) Mandatory Activity
Vengco v Trajano
Company: Anglo-American Tobacco Corp.
Union: Kapisanan ng Manggagawa sa AATC
Issue: WON attorney’s fees may be deducted from backwages?
Doctrine: NO. It is very clear from Art. 241(o), LC that attorney’s fees may not be deducted or check
off from any amount due to an employee without his written consent except for mandatory activities
under the Code. A mandatory activity is defined as a judicial process of settling a dispute laid down
by the law.
The amicable settlement entered to in this case cannot be considered as a mandatory activity under
the Code. While a claim was filed with the DOLE (herein Ministry of Labor), the case never reached its
conclusion in view of the settlement entered into by the parties. What is contemplated as such is a
situation where there is a judicial or administrative proceeding for recovery of wages.
f) Union Information
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g) Enforcement and Remedies; Procedure and Sanctions
The petition for cancellation or application for voluntary dissolution shall be filed in the regional office
which issued its certificate of registration or creation.
In the case of federations, national or industry unions and trade union centers, the Bureau Director
may cancel the registration upon the filing of a petition for cancellation or application for voluntary
dissolution in the Bureau of Labor Relations.
(a) misrepresentation, false statement or fraud in connection with the adoption or ratification of the
constitution and by-laws or amendments thereto, the minutes of ratification, the list of members who
took part in the ratification of the constitution and by-laws or amendments thereto, the minutes of
ratification, the list of members who took part in the ratification;
(b) failure to submit the documents mentioned in the preceding paragraph within thirty (30) days from
adoption or ratification of the constitution and by-laws or amendments thereto;
(c) voluntary dissolution by the members.
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The petition/application shall be acted upon by the Regional/Bureau Director, as the case may be. In
case of a petition for cancellation of registration, the formal requirements, processes and periods of
disposition stated in Rule XI shall be followed in the determination of the merits of the petition.
The affiliation of the rank-and-file and supervisory unions operating within the same establishment to
the same federation or national union shall not be a ground to cancel the registration of either union.
Book V, Rule XV. Registry of Labor Organizations and Collective Bargaining Agreements.
Sec. 1. National Registry.
The Bureau shall be the national registry of labor organizations and collective bargaining agreements.
As such it shall:
(a) maintain a national registry;
(b) within the month of March following the end of the calendar year, publish in the Department of
Labor and Employment website the lists of labor organizations and federations which have complied
with the reportorial requirements of Rule V and delinquent labor organizations;
(c) publish a list of officers of labor organizations with criminal conviction by final judgment; and
(d) verify the existence of a registered labor organization with no registered collective bargaining
agreement and which had no been complying with the reportorial requirements for at least five years.
The verification shall observe the following process:
(1) The Region Office shall make a report of the labor organization’s non-compliance and
submit the same to the Bureau for verification. The Bureau shall send by registered mail with return
card to the labor organization concerned, a notice for compliance indicating the documents it failed to
submit and the corresponding period in which they were required, with notice to comply with the said
reportorial requirements and to submit proof thereof to the Bureau within ten (10) days from receipt
thereof.
(2) Where no response is received by the Bureau within thirty (30) days from service of the
second notice, the Bureau shall publish the notice of non-existence of the labor organization/s in the
DOLE website.
(3) Where no response is received by the Bureau within thirty (30) days from date of
publication, or where the Bureau has verified the dissolution of the labor organization, it shall delist
the labor organization from the roster of legitimate labor organizations.
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desirable that the BLR and Ministry of Labor should exercise close and constant supervisions over labor
unions, particularly in the handling of their funds so as to forestall abuses and venalities.
Applications for registration of federations, national unions or workers' associations operating in more
than one region shall be filed with the Bureau or the Regional Offices, but shall be processed by the
Bureau in accordance with Sections 2-B and 2-D of this Rule.
1) the name of the applicant labor union, its principal address, the name of its officers and their
respective addresses, approximate number of employees in the bargaining unit where it seeks to
operate, with a statement that it is not reported as a chartered local of any federation or national
union;
2) the minutes of the organizational meeting(s) and the list of employees who participated in the said
meeting(s);
3) the name of all its members comprising at least 20% of the employees in the bargaining unit;
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4) the annual financial reports if the applicant has been in existence for one or more years, unless it
has not collected any amount from the members, in which case a statement to this effect shall be
included in the application;
5) the applicant's constitution and by-laws, minutes of its adoption or ratification, and the list of the
members who participated in it. The list of ratifying members shall be dispensed with where the
constitution and by-laws was ratified or adopted during the organizational meeting. In such a case, the
factual circumstances of the ratification shall be recorded in the minutes of the organizational
meeting(s).
B. The application for registration of federations and national unions shall be accompanied by the
following documents:
1) a statement indicating the name of the applicant labor union, its principal address, the name of its
officers and their respective addresses;
2) the minutes of the organizational meeting(s) and the list of employees who participated in the said
meeting(s);
3) the annual financial reports if the applicant union has been in existence for one or more years,
unless it has not collected any amount from the members, in which case a statement to this effect shall
be included in the application;
4) the applicant union's constitution and by-laws, minutes of its adoption or ratification, and the list of
the members who participated in it. The list of ratifying members shall be dispensed with where the
constitution and by-laws was ratified or adopted during the organizational meeting(s). In such a case,
the factual circumstances of the ratification shall be recorded in the minutes of the organizational
meeting(s);
5) the resolution of affiliation of at least ten (10) legitimate labor organizations, whether independent
unions or chartered locals, each of which must be a duly certified or recognized bargaining agent in the
establishment where it seeks to operate; and
6) the name and addresses of the companies where the affiliates operate and the list of all the
members in each company involved. Labor organizations operating within an identified industry may
also apply for registration as a federation or national union within the specified industry by submitting
to the Bureau the same set of documents.
C. The application for registration of a workers' association shall be accompanied by the following
documents:
1) the name of the applicant association, its principal address, the name of its officers and their
respective addresses;
2) the minutes of the organizational meeting(s) and the list of members who participated therein;
3) the financial reports of the applicant association if it has been in existence for one or more years,
unless it has not collected any amount from the members, in which case a statement to this effect shall
be included in the application;
4) the applicant's constitution and by-laws to which must be attached the names of ratifying members,
the minutes of adoption or ratification of the constitution and by-laws and the date when ratification
was made, unless ratification was done in the organizational meeting(s), in which case such fact shall
be reflected in the minutes of the organizational meeting(s).
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D. Application for registration of a workers' association operating in more than one region shall be
accompanied, in addition to the requirements in the preceding subsection, by a resolution of
membership of each member association, duly approved by its board of directors.
The local/chapter shall be entitled to all other rights and privileges of legitimate labor organization only
upon the submission of the following documents in addition to its charter certificate:
(a) The names of the local/chapter’s officers, their addresses, and the principal office of the
local/chapter: and
(b) The chapter’s constitution and by-laws provided, that where the chapter’s constitution and by-laws
are the same as that of the federation or the national union, this fact shall be indicated accordingly.
The genuineness and due execution of the supporting requirements shall be certified under oath by
the secretary or treasurer of the local/chapter and attested to by its president.
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(a) resolution of the labor union's board of directors approving the affiliation;
(b) minutes of the general membership meeting approving the affiliation;
(c) the total number of members comprising the labor union and the names of members who
approved the affiliation;
(d) the certificate of affiliation issued by the federation in favor of the independently registered labor
union; and
(e) written notice to the employer concerned if the affiliating union is the incumbent bargaining agent.
(a) the minutes of merger convention or general membership meeting(s) of all the merging labor
organizations, with the list of their respective members who approved the same; and
(b) the amended constitution and by-laws and minutes of its ratification, unless ratification transpired
in the merger convention, which fact shall be indicated accordingly.
The certificate of registration shall indicate the following: (a) the new name of the merged labor
organization; (b) the fact that it is a merger of two or more labor organizations; (c) the name of the
labor organizations that were merged; (d) its office or business address; and (e) the date when each of
the merging labor organizations acquired legitimate personality as stated in their respective original
certificate of registration.
Sec. 11. Requirements of notice of consolidation. - The notice of consolidation of labor organizations
shall be accompanied by the following documents:
(a) the minutes of consolidation convention of all the consolidating labor organizations, with the list of
their respective members who approved the same; and
(b) the amended constitution and by-laws, minutes of its ratification transpired in the consolidation
convention or in the same general membership meeting(s), which fact shall be indicated accordingly.
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The certificate of registration shall indicate the following (a) the new name of the consolidated labor
organization; (b) the fact that it is a consolidation of two or more labor organizations; (c) the name of
the labor organizations that were consolidated; (d) its office or business address; and (e) the date
when each of the consolidating labor organizations acquired legitimate personality as stated in their
respective original certificates of registration.
(a) A charter certificate issued by the federation or national union indicating the creation or
establishment of the local/chapter;
(b) The names of the local/chapter’s officers, their addresses, and the principal office of the
local/chapter; and
(c) The local/chapter’s constitution and by-laws, provided that where the local/chapter’s constitution
and by-laws is the same as that of the federation or national union, this fact shall be indicated
accordingly.
All the foregoing supporting requirements shall be certified under oath by the Secretary or the
Treasurer of the local/chapter and attested by its President.”
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SMC Employees Union v SM Packaging (2007)
Company: San Miguel Corp.
Union: SMCEU-PTGTWO (petitioner), SMPPEU-PDMP (respondent)
Issue: WON PDMP, as a trade-union center, can directly create a local/chapter?
Doctrine: NO. Under the applicable implementing rules, the power to directly create a chapter/local
through chartering is given to federations and national unions, but not to trade union centers. Thus,
SMPPEU-PDMP cannot be created through the more lenient requirements for chartering, but must
have complied with the more stringent rules for creation and registration of an independent union.
b) Affiliate
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Art. 255. Effect of inclusion as members of employees outside the bargaining unit.
The inclusion as union members of employees outside the bargaining unit shall not be a ground for the
cancellation of the registration of the union. Said employees are automatically deemed removed from
the list of membership of said union.
Issue: Both unions formed independently by supervisory and rank-and-file employees of a company
are affiliated with the same national federation.
Held: VALID.
Ratio: Invalid if these two conditions concur:
1. The rank-and-file employees are directly under the authority of supervisory employees.
2. The national federation is actively involved in union activities in the company.
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inclusion-exclusion proceedings. Following the UP ruling, there should be two separate bargaining units
for academic and non-academic personnel.
Ratio: While company may validly dismiss the employees expelled by the union for disloyalty under the
union security clause of the collective bargaining agreement upon the recommendation by the union,
this dismissal should not be done hastily and summarily thereby eroding the employees’ right to due
process, self-organization and security of tenure. Even on the assumption that the federation had valid
grounds to expel the union officers, due process requires that these union officers be accorded a
separate hearing by company.
Issue: FFW sought a certification election, asserting that there was a mass disaffiliation from the
present bargaining agent.
Ratio: Once the fact of disaffiliation has been demonstrated beyond doubt, as in this case, a
certification election is the most expeditious way of determining which labor organization is to be the
exclusive bargaining representative.
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a) Period of Disaffiliation
Issue: SAMANA disaffiliated from ANGLO during the existence of a CBA and before the freedom period
set in.
Ratio: Although P.D. 1391 provides that no petition for certification election, for intervention and
disaffiliation shall be entertained or given due course except within the 60-day freedom period
immediately preceeding the expiration of a collective bargaining agreement, said law is definitely not
without exceptions. Settled is the rule that a local union has the right to disaffiliate from its mother
union when circumstances warrant. Generally, a labor union may disaffiliate from the mother union to
form a local or independent union only during the 60-day freedom period immediately preceding the
expiration of the CBA. However, even before the onset of the freedom period, disaffiliation may be
carried out when there is a shift of allegiance on the part of the majority of the members of the union.
b) Effect of Disaffiliation
Villar vs Inciong
Issue: WON FUR, which has disaffiliated from the mother union, can present representation issues.
Held: No.
Ratio: When an unregistered local disaffiliated from the mother federation, it is deemed divested of its
legal personality and thus, cannot exercise rights granted to legitimate labor organizations.
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Issue: SAMANA disaffiliated from ANGLO during the existence of a CBA and before the freedom period
set in.
Held: Disaffiliation is valid.
Ratio: Although P.D. 1391 provides that no petition for certification election, for intervention and
disaffiliation shall be entertained or given due course except within the 60-day freedom period
immediately preceeding the expiration of a collective bargaining agreement, said law is definitely not
without exceptions. Settled is the rule that a local union has the right to disaffiliate from its mother
union when circumstances warrant. Generally, a labor union may disaffiliate from the mother union to
form a local or independent union only during the 60-day freedom period immediately preceding the
expiration of the CBA. However, even before the onset of the freedom period, disaffiliation may be
carried out when there is a shift of allegiance on the part of the majority of the members of the union.
I. Union Security
1. Statutory Basis and Rationale
Even if the dismissal of an employee is conditioned not on the grounds for termination under the Labor
Code, but pursuant to the provisions of a CBA, it still is necessary to observe substantive due process in
order to validate the dismissal. As applied to the Labor Code, adherence to substantive due process is a
requisite for a valid determination that just or authorized causes existed to justify the dismissal. As
applied to the dismissals grounded on violations of the CBA, observance of substantial due process is
indispensable in establishing the presence of the cause or causes for dismissal as provided for in the
CBA.
2. Validity Agreement and Effect on Freedom of Choice; Types of Union Security Provisions
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Union: Alabang Country Club Independent Employees Union
Issue: Past officers of the union were expelled for malversation of funds. They were dismissed by the
Club pursuant to a union security clause in the CBA.
Held: Valid dismissal.
Ratio: One cause for termination is dismissal from employment due to the enforcement of the union
security clause in the CBA. In this case, the CBA contains provisions on the Union shop and
maintenance of membership shop.
There is union shop when all new regular employees are required to join the union within a certain
period as a condition for their continued employment. There is maintenance of membership shop
when employees who are union members as of the effective date of the agreement, or who thereafter
become members, must maintain union membership as a condition for continued employment until
they are promoted or transferred out of the bargaining unit or the agreement is terminated.
In terminating the employment of an employee by enforcing the union security clause, the employer
needs only to determine and prove that:
(1 the union security clause is applicable;
(2) the union is requesting for the enforcement of the union security provision in the CBA; and (3)
there is sufficient evidence to support the union's decision to expel the employee from the union.
(Most importantly, company should observe DUE PROCESS to validate the dismissal)
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4. Implementation: Obligation and Liabilities
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Del Pilar Academy vs Del Pilar Academy Employees Union (2008)
Company: Del Pilar Academy
Union: DPAEU
Issue: WON Union is entitled to collect agency fees from non-union members, and if so, whether an
individual written authorization is necessary for a valid check off.
Held: Valid deduction of the agency fees. No need for individual check off authorization from the non-
union employees.
Ratio: “Employees of an appropriate collective bargaining unit who are not members of the recognized
collective bargaining agent may be assessed reasonable fees equivalent to the dues and other fees
paid by the recognized collective bargaining agent, if such non-union members accept the benefits
under the collective bargaining agreement”
When so stipulated in a collective bargaining agreement or authorized in writing by the employees
concerned it is the duty of the employer to deduct the sum equivalent to the amount of union dues, as
agency fees, from the employees' wages for direct remittance to the union. The system is referred to
as check off. No requirement of written authorization from the non-union employees is necessary if
the non-union employees accept the benefits resulting from the CBA.
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Court stressed the importance of the fourth factor: temporary employees should be treated separately
from permanent employees. But more importantly, the test of proper grouping is community and
mutuality of interest. In any event, 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.
UP vs Ferrer-Calleja (1992)
Company: University of the Philippines
Union: All UP Worker’s Union(academic and non-academic), ONAPUP (non-academic)
Issue: WON academic and non-academic personnel in the entire UP system should compose two
separate bargaining units.
Held: YES!
Ratio:” UP employees may quite easily be categorized into two general classes: the group composed of
employees whose functions are non-academic and the group made up of those performing academic
functions. Not much reflection is needed to perceive that the community or mutuality of interests
which justifies the formation of a single collective bargaining unit is wanting between the academic
and non-academic personnel of the university. The dichotomy of interests, the dissimilarity in the
nature of the work and duties as well as in the compensation and working conditions of the academic
and nonacademic personnel dictate the separation of these two categories of employees for purposes
of collective bargaining.”
Phil. Hotel and Resort, Inc. v. Manila Diamond Hotel Employees Union (2006)
Company: Phil. Hotel and Resort Inc.
Union: Manila Diamond Hotel Employees Union
Issue: WON refusal of the hotel to bargain with Union can be considered an unfair labor practice to
justify the staging of the strike.
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Held: Illegal strike.
Ratio: Only the labor organization designated or selected by the majority of the employees in an
appropriate collective bargaining unit is the exclusive representative of the employees in such unit for
the purpose of collective bargaining. The union is admittedly not the exclusive representative of the
majority of the employees, hence, it could not demand from employer the right to bargain collectively
in their behalf. Anent the other contention that it was bargaining in behalf only of its members: it
would only “fragment the employees. What Union will be achieving is to divide the employees, more
particularly, the rank-and-file employees; the other workers who are not members are at a serious
disadvantage, because if the same shall be allowed, employees who are non-union members will be
economically impaired and will not be able to negotiate their terms and conditions of work, thus
defeating the very essence and reason of collective bargaining, which is an effective safeguard against
the evil schemes of employers in terms and conditions of work.
Kapisanan ng mga Manggagawa sa Manila Railroad Co. vs Yard Crew Union (1960)
Company: Manila Railroad Company
Union: Kapisanan Ng Mga Manggagawa Sa Manila Railroad Company
Issue: WON the order granting groups of employees to choose whether or not they desire to be
separated from the certified unit to which they belong, during the existence of a valid bargaining
contract entered into by a union is contrary to law?
Held: NO!
Ratio: To determine which of the several claimant groups forms a proper bargaining unit, it becomes
necessary to give consideration to the express will or desire of the employees — a practice designated
as the "Globe doctrine," which 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. A plebiscite is ordered in this case because: "the votes of
workers one way or the other, in these cases will not by any chance choose the agent or unit which will
represent them anew, for precisely that is a matter that is within the issues raised in these petitions for
certification".
Samahang Manggagawa sa Charter Chemical – SUPER v. Charter Chemical & Coating Corp.
Company: Charter Chemical and Coating Corp.
Union: Samahang Manggagawa sa Charter Chemeical-SUPER
Issue: WON the inclusion of supervisory EEs in a labor organization seeking to represent the bargaining
unit of rank-and-file EEs divest it of its status as a legitimate labor organization, so as to cause the
dismissal of its PCE.
Held: No, it remains a legitimate labor organization.
Ratio: Supervisory EE’s inclusion in the union does not divest the union of its legitimate status. The
1989 Amended Omnibus Rules removed the requirement that a petition for certification election
indicate that the rank-and-file bargaining unit is not mingled with supervisory EEs. 1997 Amended
Omnibus Rules only requires a plain description of the bargaining unit and does not require that a local
union submit its list of members for registration. IN the Tagaytay ruling it was held that while there is a
prohibition against the mingling of supervisory and rank-and-file EEs in one labor organization, the
Labor Code does not provide the effects of such mingling. Thus, after a labor organization is registered
it may exercise all rights and privileges of a legitimate labor organization. Any mingling cannot affect its
legitimacy, as it is not one of the grounds for the cancellation of its registration, unless such mingling
was brought about by misrepresentation, false statement, or fraud. Lastly, the employer cannot attack
collaterally the union’s legal personality in a petition for certification election.
C. Determining Agency
The Bureau shall have fifteen (15) working days to act on labor cases before it, subject to extension by
agreement of the parties.
Art. 266. 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.
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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.
(b) To be certified as the exclusive representative of all the employees in an appropriate bargaining
unit for purposes of collective bargaining;
(b) To promote free trade unionism as an instrument for the enhancement of democracy and the
promotion of social justice and development;
Reyes vs Trajano
Issue: WON INK ee’s who are not members of any union may participate in the certification election.
Held: Yes, they can.
Ratio: Neither law, administrative rule nor jurisprudence requires that only employees affiliated with
any labor organization may take part in a certification election. On the contrary, the plainly discernible
intendment of the law is to grant the right to vote to all bona fide employees in the bargaining unit,
whether they are members of a labor organization or not. Collective bargaining covers all aspects of
the employment relation and the resultant CBA negotiated by the certified union binds all employees
in the bargaining unit. Hence, all rank-and-file employees, probationary or permanent, have a
substantial interest in the selection of the bargaining representative. The Code makes no distinction as
to their employment for certification election. The law refers to "all" the employees in the bargaining
unit. All they need to be eligible to support the petition is to belong to the "bargaining unit".
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Samahang Manggagawa sa PERMEX v. SOLE (1998)
Company: Permex Producer and Exporter Corporation
Union: NFL, Samahang Manggagawa sa Permex-Philippine Integrated Industries Labor Union
Issue: WON voluntary recognition by the employer via bargaining collectively with the union makes the
latter the exclusive bargaining agent of the employees.
Held: No.
Ratio: Ordinarily, in an unorganized establishment, it is the union that files a petition for a certification
election if there is no certified bargaining agent for the workers in the establishment. If a union asks
the employer to voluntarily recognize it as the bargaining agent of the employees, it in effect asks the
employer to certify it as the bargaining representative of the employees — a certification which the
employer has no authority to give, for it is the employees’ prerogative (not the employer’s) to
determine whether they want a union to represent them, and, if so, which one it should be. The
company did not have the power to declare the union the exclusive representative of the workers for
the purpose of collective bargaining. Ratification of the CBA is immaterial. It is not enough that a union
has the support of the majority of the employees. It is equally important that everyone in the
bargaining unit be given the opportunity to express himself.
2. Voluntary Recognition
(c) To be furnished by the employer, upon written request, with its annual audited financial
statements, including the balance sheet and the profit and loss statement, within thirty (30) calendar
days from the date of receipt of the request, after the union has been duly recognized by the employer
or certified as the sole and exclusive bargaining representative of the employees in the bargaining unit,
or within sixty (60) calendar days before the expiration of the existing collective bargaining agreement,
or during the collective bargaining negotiation;
All accompanying documents of the notice for voluntary recognition shall be certified under oath by
the employer representative and president of the recognized labor union.
Where the notice of voluntary recognition is insufficient in form, number and substance, the Regional
Office shall, within the same period, notify the labor union of its findings and advise it to comply with
the necessary requirements. Where neither the employer nor the labor union failed to complete the
requirements for voluntary recognition under Section 2 of this Rule within thirty (30) days from receipt
of the advisory, the Regional Office shall return the notice for voluntary recognition together with all
its accompanying documents without prejudice to its re-submission.
Entry of voluntary recognition shall bar the filing of a petition for certification election by any labor
organization for a period of one (1) year from the date of entry of voluntary recognition. Upon
expiration of this one-year period, any legitimate labor organization may file a petition for certification
election in the same bargaining unit represented by the voluntarily recognized union, unless a
collective bargaining agreement between the employer and voluntarily recognized labor union was
executed and registered with the Regional Office in accordance with Rule XVII of these Rules.
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Sta. Lucia East Commercial Corp. v. Secretary of Labor (2009)
Company: Sta. Lucia East Commercial Corp. (SLECC)
Union: CLUP-SLECCWA, SMSLEC
Issue: WON voluntary recognition of SMSLEC by SLECC is valid.
Held. No, it can only be done in unorganized establishments.
Ratio: the employer may voluntarily recognize the representation status of a union in unorganized
establishments. SLECC was not an unorganized establishment when it voluntarily recognized SMSLEC
as its exclusive bargaining representative. Thus, SLECC’s voluntary recognition of SMSLEC and the
subsequent negotiations and resulting registration of a CBA executed by SLECC and SMSLEC are void
and cannot bar CLUP-SLECCWA’s present petition for certification election. In petitions for certification
election, the employer is a mere bystander and cannot oppose the petition or appeal the med-arbiter’s
decision.
3. Elections
a) Certification Election
To have a valid election, at least a majority of all eligible voters in the unit must have cast their votes.
The labor union receiving the majority of the valid votes cast shall be certified as the exclusive
bargaining agent of all the workers in the unit.
When an election which provides for three or more choices results in no choice receiving a majority of
the valid votes cast, a run-off election shall be conducted between the labor unions receiving the two
highest number of votes; Provided, That the total number of votes for all contending unions is at least
fifty percent (50%) of the number of votes cast. In cases where the petition was filed by a national
union or federation, it shall not be required to disclose the names of the local chapter’s officers and
members.
At the expiration of the freedom period, the employer shall continue to recognize the majority status
of the incumbent bargaining agent where no petition for certification election is filed.
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purposes of collective bargaining or negotiation. A certification election is ordered by the Department,
while a consent election is voluntarily agreed upon by the parties, with or without the intervention by
the Department.
(ll) "Organized Establishment" refers to an enterprise where there exists a recognized or certified sole
and exclusive bargaining agent.
A national union or federation filing a petition in behalf of its local/chapter shall not be required to
disclose the names of the local/chapter’s officers and members, but shall attach to the petition the
charter certificate it issued to its local/chapter.
When requested to bargain collectively, an employer may file a petition for certification election with
the Regional Office. If there is no existing registered collective bargaining agreement in the bargaining
unit, the Regional Office shall, after hearing, order the conduct of a certification election.
In all cases, whether the petition for certification election is filed by an employer or a legitimate labor
organization, the employer shall not be considered a party thereto with a concomitant right to oppose
a petition for certification election. The employer’s participation in such proceedings shall be limited
to: (1) being notified or informed of petitions of such nature; and (2) submitting the list of employees
during the pre-election conference should the Med-Arbiter act favorably on the petition.
Any employee has the right to intervene for the protection of his individual right.
Where two or more petitions involving the same bargaining unit are filed in one Regional Office, the
same shall be automatically consolidated with the Med-Arbiter who first acquired jurisdiction. Where
the petitions are filed in different Regional Offices, the Regional Office in which the petition was first
filed shall exclude all others; in which case, the latter shall indorse the petition to the former for
consolidation.
(a) when a fact of voluntary recognition has been entered or a valid certification, consent or run-off
election has been conducted within the bargaining unit within one (1) year prior to the filing of the
petition for certification election. Where an appeal has been filed from the order of the Med-Arbiter
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certifying the results of the election, the running of the one year period shall be suspended until the
decision on the appeal has become final and executory;
(b) when the duly certified union has commenced and sustained negotiations in good faith with the
employer in accordance with Article 250 of the Labor Code within the one year period referred to in
the immediately preceding paragraph;
(c) when a bargaining deadlock to which an incumbent or certified bargaining agent is a party had been
submitted to conciliation or arbitration or had become the subject of a valid notice of strike or lockout;
(d) when a collective bargaining agreement between the employer and a duly recognized or certified
bargaining agent has been registered in accordance with Article 231 of the Labor Code. Where such
collective bargaining agreement is registered, the petition may be filed only within sixty (60) days prior
to its expiry.
(a) the name of petitioner, its address, and affiliation if appropriate, the date and number of its
certificate of registration. If the petition is filed by a federation or national union, the national
president or his/her duly authorized representative shall certify under oath as to the existence of its
local/chapter in the establishment and attaching thereto the charter certificate or a certified true copy
thereof. It the petition is filed by a local/chapter it shall attach its charter certificate or a certified true
copy thereof;
(b) the name, address and nature of employer's business;
(c) the description of the bargaining unit;
(d) the approximate number of employees in the bargaining unit;
(e) the names and addresses of other legitimate labor unions in the bargaining unit;
(f) a statement indicating any of the following circumstances:
1) that the bargaining unit is unorganized or that there is no registered collective bargaining agreement
covering the employees in the bargaining unit;
2) if there exists a duly registered collective bargaining agreement, that the petition is filed within the
sixty-day freedom period of such agreement; or
3) if another union had been previously recognized voluntarily or certified in a valid certification,
consent or run-off election, that the petition is filed outside the one-year period from entry of
voluntary recognition or conduct of certification or run-off election and no appeal is pending thereon.
(g) in an organized establishment, the signature of at least twenty-five percent (25%) of all employees
in the appropriate bargaining unit shall be attached to the petition at the time of its filing; and
(h) other relevant facts.
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The petition shall immediately be transmitted to the assigned Mediator-Arbiter who shall immediately
prepare and serve a notice of preliminary conference to be held within ten (10) working days from the
Mediator-Arbiter’s receipt of the petition.
The service of the petition to the employer and of the notice of preliminary conference to the
petitioner and the incumbent bargaining agent (if any) shall be made within three (3) working days
from the Mediator-Arbiter’s receipt of the petition. The service may be made by personal service, by
registered mail or by courier service.
A copy of the petition and of the notice of preliminary conference shall be posted within the same
three (3) day period in at least two conspicuous places in the establishment. In multiple-location
workplaces, the posting shall be made in at least two conspicuous places in every location.
In an unorganized establishment, the motion shall be filed at any time prior to the decision of the Med-
Arbiter. The form and contents of the motion shall likewise be the same as that of a petition for
certification election. The motion for intervention shall be resolved in the same decision issued in the
petition for certification election.
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The Mediator-Arbiter shall immediately forward the records of the petition to the Regional Director or
his/her authorized representative for the determination of the Election Officer who shall be chosen by
raffle in the presence of representatives of the contending unions if they so desire.
The first pre-election conference shall be scheduled within ten (10) days from the date of the consent
election agreement. Subsequent conferences may be called to expedite and facilitate the holding of
the consent election.
Within the same 15-day period within which the petition is heard, the contending labor unions may file
such pleadings as they may deem necessary for the immediate resolution of the petition. Extensions of
time shall not be entertained. All motions shall be resolved by the Med-Arbiter in the same order or
decision granting or denying the petition.
Section 13. Order/Decision on the petition. - Within ten (10) days from the date of the last hearing, the
Mediator-Arbiter shall formally issue a ruling granting or denying the petition, except in organized
establishments where the grant of the petition can only be made after the lapse of the freedom
period.
The ruling for the conduct of a certification election shall state the following:
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(e) to afford an individual employee-voter an informed choice where a local/chapter is one of the
contending unions, a directive to an unregistered local/chapter or a federation/national union
representing an unregistered local/chapter to personally submit to the election officer its certificate of
creation at least five working days before the actual conduct of the certification election. Non-
submission of this requirement as certified by the election officer shall disqualify the local/chapter
from participating in the certification election; and
(f) a directive upon the employer and the contending union(s) to submit within ten (10) days from
receipt of the order, the certified list of employees in the bargaining unit, or where necessary, the
payrolls covering the members of the bargaining unit for the last three (3) months prior to the issuance
of the order.
(a) the petitioning union or national union/federation is not listed in the Department’s registry of
legitimate labor unions or that its registration certificate has been cancelled with finality in accordance
with Rule XIV of these Rules;
(b) failure of a local/chapter of national union/federation to submit a duly issued charter certificate
upon filing of the petition for certification election;
(c) filing the petition before or after the freedom period of a duly registered collective bargaining
agreement; provided that the sixty-day period based on the original collective bargaining agreement
shall not be affected by any amendment, extension or renewal of the collective bargaining agreement;
(d) filing of a petition within one (1) year from the date of recording of the voluntary recognition, or
within the same period from a valid certification, consent of run-off election where no appeal on the
results of the certification, consent or run-off election is pending;
(e) where a duly certified union has commenced and sustained negotiations with the employer in
accordance with Article 250 of the Labor Code within the one-year period referred to in Section 14.d of
this Rule, or where there exists a bargaining deadlock which has been submitted to conciliation or
arbitration or has become the subject of a valid notice of strike or lockout where an incumbent or
certified bargaining agent is a party;
(f) in an organized establishment, the failure to submit the twenty-five percent (25%) signature
requirement to support the filing of the petition for certification election;
(g) non-appearance of the petitioner for two consecutive scheduled conferences before the Mediator-
Arbiter despite due notice; and
(h) absence of employer-employee relationship between all the members of the petitioning union and
the establishment where the proposed bargaining unit is sought to be represented.
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All issues pertaining to the existence of employer-employee relationship, eligibility or mixture in union
membership raised before the Med-Arbiter during the hearing(s) and in the pleadings shall be resolved
in the same order or decision granting or denying the petition for certification election.
All issues pertaining to the validity of the petitioning union's certificate of registration or its legal
personality as a labor organization, validity of registration and execution of collective bargaining
agreements shall be 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 certification election,
unless the petitioning union is not listed in the Department's roster of legitimate labor organizations or
an existing collective bargaining agreement is not registered with the Department.
Sec. 17. Release of Order/Decision within ten (10) days from the last hearing.
The Med-Arbiter shall release his/her order or decision granting or denying the petition personally to
the parties on an agreed date and time.
The order granting the conduct of a certification election in an organized establishment and the
decision dismissing or denying the petition, whether in an organized or unorganized establishment,
may be appealed to the Office of the Secretary within ten (10) days from receipt thereof.
The appeal shall be verified under oath and shall consist of a memorandum of appeal, specifically
stating the grounds relied upon by the appellant with the supporting arguments and evidence.
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final and executory after ten (10) days from receipt thereof by the parties. No motion for
reconsideration of the decision shall be entertained.
Where no petition for certification election was filed but the parties themselves agreed to hold a
consent election with the intercession of the Regional Office, the results thereof shall constitute a bar
to another petition for certification election.
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Sec. 3. Waiver of right to be heard.
Failure of any party to appear during the pre-election conference despite notice shall be considered as
a waiver of its right to be present and to question or object to any of the agreements reached in the
pre-election conference. However, this shall not deprive the non-appearing party of the right to be
furnished notices of and to attend subsequent pre-election conferences.
The pre-election conference shall be completed within thirty (30) days from the date of the first
hearing.
In case of disagreement over the voters' list or over the eligibility of voters, all contested voters shall be
allowed to vote. But their votes shall be segregated and sealed in individual envelopes in accordance
with Sections 10 and 11 of this Rule.
The posting of the notice of election, the information required to be included therein and the duration
of
posting cannot be waived by the contending unions or the employer.
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Sec. 8. Preparation of ballots.
The Election Officer shall prepare the ballots in English and Filipino or the local dialect. The number of
ballots should correspond to the number of voters in the bargaining unit plus a reasonable number of
extra ballots for contingencies. All ballots shall be signed at the back by the Election Officer and an
authorized representative of each of the contending unions. A party who refuses or fails to sign the
ballots waives its right to do so and the Election Officer shall enter the fact of refusal and the reason
therefor in the records of the case.
If a ballot is torn, defaced or left unfilled in such a manner as to create doubt or confusion or to identify
the voter, it shall be considered spoiled. If the voter inadvertently spoils a ballot, he/she shall return it
to the Election Officer who shall destroy it and give him/her another ballot.
The protesting party must formalize its protest with the Med-Arbiter, with specific grounds, arguments
and evidence, within five (5) days after the close of the election proceedings. If not recorded in the
minutes and formalized within the prescribed period, the protest shall be deemed dropped.
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ballots and the tally sheets shall be sealed in an envelope and signed by the Election Officer and the
representatives of the contending unions and transmitted to the Med-Arbiter, together with the
minutes and results of the election, within twenty-four (24) hours from the completion of the canvass.
Where the election is conducted in more than one region, consolidation of results shall be made within
fifteen (15) days from the conduct thereof.
(a) no protest was filed or, even if one was filed, the same was not perfected within the five-day period
for perfection of the protest;
(b) no challenge or eligibility issue was raised or, even if one was raised, the resolution of the same will
not materially change the results of the elections.
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The winning union shall have the rights, privileges and obligations of a duly certified collective
bargaining agent from the time the certification is issued.
Where majority of the valid votes cast results in "No Union" obtaining the majority, the Med-Arbiter
shall declare such fact in the order
The appeal shall be under oath and shall consist of a memorandum of appeal, specifically stating the
grounds relied upon by the appellant with the supporting arguments and evidence.
Where no appeal is filed within the ten-day period, the order/decision shall become final and executor
and the Med-Arbiter shall enter this fact into the records of the case.
The decision of the Secretary shall become final and executor after ten (10) days from receipt thereof
by the parties. No motion for reconsideration of the decision shall be entertained.
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election within ten (10) days from the close of the election proceedings between the labor unions
receiving the two highest number of votes; provided, that the total number of votes for all contending
unions is at least fifty (50%) percent of the number of votes cast.
Notice of run-off elections shall be posted by the Election Officer at least five (5) days before the actual
date of run-off election.
b) Consent Election
Book V, Rule VIII, Sec. 10, 11, 23. (supra on page 92)
c) Run-Off Election
4. Venue of Petition
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Book V, Rule VII, Sec. 2 (supra on page 89)
(b) To be certified as the exclusive representative of all the employees in an appropriate bargaining
unit for purposes of collective bargaining;
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Book V, Rule VIII, Sec. 1. (supra on page 92)
a) Organized Establishment
Art. 263. Duty to bargain collectively when there exists a collective bargaining agreement.
When there is a collective bargaining agreement, the duty to bargain collectively shall also mean that
neither party shall terminate nor modify such agreement during its lifetime. However, either party can
serve a written notice to terminate or modify the agreement at least sixty (60) days prior to its
expiration date. It shall be the duty of both parties to keep the status quo and to continue in full force
and effect the terms and conditions of the existing agreement during the 60-day period and/or until a
new agreement is reached by the parties.
Book V, Rule VIII, Sec. 3 (d), Sec. 13 par. 1 (supra on page 92)
DHL Philippines Corporation United Rank and File Association – Federation of Free Workers v. Buklod
ng Manggagawa ng DHL Phils. Corp. (2004)
Company: DHL Phil. Corp.
Union: DHL-URFA-FFW, BUKLOD
Issue: WON PCE filed by BUKLOD should not be granted in view of the 1-yr bar rule
Held: Certification election!
Ratio: When the med-arbiter admitted and gave due course to Petition for nullification of the election
proceedings, the election officer should have deferred issuing the Certification of the results thereof.
Having been formed just after such exercise by the defrauded employees who were former members
of DHL-URFA-FFW, BUKLOD could not have reasonably filed its protest within five days from the close
of the election proceedings. The circumstances in the present case show that the employees did not
sleep on their rights. Hence, their failure to follow strictly the procedural technicalities regarding the
period for filing their protest should not be taken against them. Mere technicalities should not be
allowed to prevail over the welfare of the workers. What is essential is that they be accorded an
opportunity to determine freely and intelligently which labor organization shall act on their
behalf. Having been denied this opportunity by the betrayal committed by petitioner’s officers in the
present case, the employees were prevented from making an intelligent and independent choice.
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b) Unorganized Establishment
c) Filing of Petition
1) Form of Petition
2) Substantial Support
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mere filing of a petition for certification election within the freedom period is sufficient basis
for the issuance of an order for the holding of a certification election, subject to the
submission of the consent signatures within a reasonable period from such filing.”
“…requisite written consent of at least 20% of the workers in the bargaining unit applies to petitioners
for certification election only and not to motions for intervention. . . . As long as the motion for
intervention has been properly and timely filed and the intervention would not cause any injustice to
anyone, it should not be denied and this is so even if the eventual purpose of the Motion for
Intervention is to participate in the Certification Election. After all, the original applicant had already
met the 20% requirement.”
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(1) being notified or informed of petitions of such nature; and
(2) submitting the list of employees during the pre-election conference should the Med-Arbiter act
favorably on the petition.
3. Responsible Agency
The Bureau shall have fifteen (15) working days to act on labor cases before it, subject to extension by
agreement of the parties.
The minutes of the hearing shall be signed by the parties and attested to by the Med-Arbiter. The Med-
Arbiter shall, immediately thereafter, forward the records of the petition to the Regional Director or
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his/her authorized representative for the determination of the Election Officer by the contending
unions through raffle. The first pre-election conference shall be scheduled within ten (10) days from
the date of entry of agreement to conduct consent election.
The ruling for the conduct of a certification election shall state the following:
(a) the petitioning union or national union/federation is not listed in the Department’s registry of
legitimate labor unions or that its registration certificate has been cancelled with finality in accordance
with Rule XIV of these Rules;
(b) failure of a local/chapter of national union/federation to submit a duly issued charter certificate
upon filing of the petition for certification election;
(c) filing the petition before or after the freedom period of a duly registered collective bargaining
agreement; provided that the sixty-day period based on the original collective bargaining agreement
shall not be affected by any amendment, extension or renewal of the collective bargaining agreement;
(d) filing of a petition within one (1) year from the date of recording of the voluntary recognition, or
within the same period from a valid certification, consent of run-off election where no appeal on the
results of the certification, consent or run-off election is pending;
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(e) where a duly certified union has commenced and sustained negotiations with the employer in
accordance with Article 250 of the Labor Code within the one-year period referred to in Section 14.d of
this Rule, or where there exists a bargaining deadlock which has been submitted to conciliation or
arbitration or has become the subject of a valid notice of strike or lockout where an incumbent or
certified bargaining agent is a party;
(f) in an organized establishment, the failure to submit the twenty-five percent (25%) signature
requirement to support the filing of the petition for certification election;
(g) non-appearance of the petitioner for two consecutive scheduled conferences before the Mediator-
Arbiter despite due notice; and
(h) absence of employer-employee relationship between all the members of the petitioning union and
the establishment where the proposed bargaining unit is sought to be represented.
Book V, Rule VIII, Sec. 15. Prohibited grounds for the denial/suspension of the petition.
The inclusion as union members of employees outside the bargaining unit shall not be a ground for the
cancellation of the registration of the inion. Said employees are automatically deemed removed from
the list of membership of said unions.
e) Appeal
Book V, Rule VIII, Sec. 17. Release of Order/Decision within ten (10) days from the last hearing.
The Med-Arbiter shall release his/her order or decision granting or denying the petition personally to
the parties on an agreed date and time.
The order granting the conduct of a certification election in an organized establishment and the
decision dismissing or denying the petition, whether in an organized or unorganized establishment,
may be appealed to the Office of the Secretary within ten (10) days from receipt thereof.
The appeal shall be verified under oath and shall consist of a memorandum of appeal, specifically
stating the grounds relied upon by the appellant with the supporting arguments and evidence.
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Book V, Rule VIII, Sec. 20. Finality of Order/Decision.
Where no appeal is filed within the ten-day period, the Med-Arbiter shall enter the finality of the
order/decision in the records of the case and cause the transmittal of the records of the petition to the
Regional Director.
The pre-election conference shall be completed within thirty (30) days from the date of the first
hearing.
In case of disagreement over the voters' list or over the eligibility of voters, all contested voters shall be
allowed to vote. But their votes shall be segregated and sealed in individual envelopes in accordance
with Sections 10 and 11 of this Rule.
The posting of the notice of election, the information required to be included therein and the duration
of
posting cannot be waived by the contending unions or the employer.
If a ballot is torn, defaced or left unfilled in such a manner as to create doubt or confusion or to identify
the voter, it shall be considered spoiled. If the voter inadvertently spoils a ballot, he/she shall return it
to the Election Officer who shall destroy it and give him/her another ballot.
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voter’s name, the union challenging the voter, and the ground for the challenge. The sealed envelope
shall then be signed by the Election Officer and the representatives of the contending unions. The
Election Officer shall note all challenges in the minutes of the election proceedings and shall have
custody of all envelopes containing the challenged votes. The envelopes shall be opened and the
question of eligibility shall be passed upon by the Mediator-Arbiter only if the number of segregated
votes will materially alter the results of the election.
The protesting party must formalize its protest with the Med-Arbiter, with specific grounds, arguments
and evidence, within five (5) days after the close of the election proceedings. If not recorded in the
minutes and formalized within the prescribed period, the protest shall be deemed dropped.
Where the election is conducted in more than one region, consolidation of results shall be made within
fifteen (15) days from the conduct thereof.
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Where the number of votes cast in a certification or consent election is less than the majority of the
number of eligible voters and there are no material challenged votes, the Election Officer shall declare
a failure of election in the minutes of the election proceedings.
(a) no protest was filed or, even if one was filed, the same was not perfected within the five-day period
for perfection of the protest;
(b) no challenge or eligibility issue was raised or, even if one was raised, the resolution of the same will
not materially change the results of the elections.
The winning union shall have the rights, privileges and obligations of a duly certified collective
bargaining agent from the time the certification is issued.
Where majority of the valid votes cast results in "No Union" obtaining the majority, the Med-Arbiter
shall declare such fact in the order
The appeal shall be under oath and shall consist of a memorandum of appeal, specifically stating the
grounds relied upon by the appellant with the supporting arguments and evidence.
Where no appeal is filed within the ten-day period, the order/decision shall become final and executor
and the Med-Arbiter shall enter this fact into the records of the case.
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a) Pre-election Conference
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c) Posting Notice
d) Voting Day/Venue
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any matter concerning the election proceedings. There is thus, no valid reason to annul the
certification election.”
e) Conduct of Election
g) Protest Period
DHL Philippines Corporation United Rank and File Association – FFW v Buklod ng Manggagawa ng DHL
Philippines Corporation (2004)
Company: BUKLOD NG MANGGAGAWA NG DHL PHILIPPINES CORPORATION
Union/s: DHL PHILIPPINES CORPORATION UNITED RANK AND FILE ASSOCIATION-FEDERATION OF FREE
WORKERS (DHL-URFA-FFW)
Issue: W/N the results of the certification election should be declared null and void even if the petition
for nullification of certification election is filed outside and not formalized during the protest period.
Yes, the petition for nullification in this case was treated as a protest to the certification election. Even
if such was not formalized before the certification of the Election Officer of the results of election, the
rules were relaxed in this case since the employees only had known of the misrepresentation after the
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certification. Furthermore, the Election Officer should have deffered when the Med Arbitrer gave due
course to the Petition for Nullification.
Doctrine: “Under Section 13 of the Rules Implementing Book V (Labor Relations) of the Labor Code,[12]
as amended, the election officer’s authority to certify the results of the election is limited to situations
in which there has been no protest filed; or if there has been any, it has not been perfected or
formalized within five days from the close of the election proceedings…
Further, Section 14 of the same Rules provides that when a protest has been perfected, only the med-
arbiter can proclaim and certify the winner. Clearly, this rule is based on the election officer’s function,
which is merely to conduct and supervise certification elections.[13] It is the med-arbiter who is
authorized to hear and decide representation cases.[14] Consequently, the decision whether to certify
the results of an election or to set them aside due to incidents occurring during the campaign is within
the med-arbiter’s discretion. The circumstances in the present case show that the employees did not
sleep on their rights. Hence, their failure to follow strictly the procedural technicalities regarding the
period for filing their protest should not be taken against them. Mere technicalities should not be
allowed to prevail over the welfare of the workers.[15] What is essential is that they be accorded an
opportunity to determine freely and intelligently which labor organization shall act on their behalf.[16]
Having been denied this opportunity by the betrayal committed by petitioner’s officers in the present
case, the employees were prevented from making an intelligent and independent choice.”
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NUHWARIN – Manila Pavilion Hotel Chapter v SOLE (2009)
Company: HOLIDAY INN MANILA PAVILION HOTEL LABOR UNION AND ACESITE PHILIPPINES HOTEL
CORPORATION
Union/s: NATIONAL UNION OF WORKERS IN HOTELS, RESTAURANTS AND ALLIED INDUSTRIES- MANILA
PAVILION HOTEL CHAPTER, Holiday Inn Manila Pavillion Hotel Labor Union (HIMPHLU)
Issue: W/N there should be a run-off considering that the HIMPHLU did not attain the majority of the
votes cast by the eligible voters (169+151+1+16probi). YES. The majority of the votes cast by eleigible
voters is 170, as such it follows that there should be a run-off election.”
Doctrine: “As to whether HIMPHLU should be certified as the exclusive bargaining agent, the Court
rules in the negative. It is well-settled that under the so-called “double majority rule,” for there to be a
valid certification election, majority of the bargaining unit must have voted AND the winning union
must have garnered majority of the valid votes cast… Clearly, HIMPHLU was not able to obtain a
majority vote. The position of both the SOLE and the appellate court that the opening of the 17
segregated ballots will not materially affect the outcome of the certification election as for, so they
contend, even if such member were all in favor of petitioner, still, HIMPHLU would win, is thus
untenable. It bears reiteration that the true importance of ascertaining the number of valid votes cast
is for it to serve as basis for computing the required majority, and not just to determine which union
won the elections. The opening of the segregated but valid votes has thus become material. To be
sure, the conduct of a certification election has a two-fold objective: to determine the appropriate
bargaining unit and to ascertain the majority representation of the bargaining representative, if the
employees desire to be represented at all by anyone. It is not simply the determination of who
between two or more contending unions won, but whether it effectively ascertains the will of the
members of the bargaining unit as to whether they want to be represented and which union they want
to represent them. Having declared that no choice in the certification election conducted obtained the
required majority, it follows that a run-off election must be held to determine which between
HIMPHLU and petitioner should represent the rank-and-file employees”
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characterized as one. Certainly then, the accusation that there was abuse of discretion, much less a
grave one, falls to the ground.”
j) Run-Off Election
"No Union" shall not be a choice in the run-off election. Notice of run-off elections shall be posted by
the Election Officer at least five (5) days before the actual date of run-off election.
Art. 263. Duty to bargain collectively when there exists a collective bargaining agreement.
When there is a collective bargaining agreement, the duty to bargain collectively shall also mean that
neither party shall terminate nor modify such agreement during its lifetime. However, either party can
serve a written notice to terminate or modify the agreement at least sixty (60) days prior to its
expiration date. It shall be the duty of both parties to keep the status quo and to continue in full force
and effect the terms and conditions of the existing agreement during the 60-day period and/or until a
new agreement is reached by the parties.
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To have a valid election, at least a majority of all eligible voters in the unit must have cast their votes.
The labor union receiving the majority of the valid votes cast shall be certified as the exclusive
bargaining agent of all the workers in the unit.
When an election which provides for three or more choices results in no choice receiving a majority of
the valid votes cast, a run-off election shall be conducted between the labor unions receiving the two
highest number of votes; Provided, That the total number of votes for all contending unions is at least
fifty percent (50%) of the number of votes cast. In cases where the petition was filed by a national
union or federation, it shall not be required to disclose the names of the local chapter’s officers and
members.
At the expiration of the freedom period, the employer shall continue to recognize the majority status
of the incumbent bargaining agent where no petition for certification election is filed.
Art. 266. 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.
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Art. 267. (supra on page 143)
Book V, Rule IX, Section 20. Proclamation and certification of the result of the election.
Within twenty-four (24) hours from final canvass of votes, there being a valid election, the Election
Officer shall transmit the records of the case to the Med-Arbiter who shall, within the same period
from receipt of the minutes and results of election, issue an order proclaiming the results of the
election and certifying the union which obtained a majority of the valid votes cast as the sole and
exclusive bargaining agent in the subject bargaining unit, under any of the following conditions:
(a) no protest was filed or, even if one was filed, the same was not perfected within the five-day period
for perfection of the protest;
(b) no challenge or eligibility issue was raised or, even if one was raised, the resolution of the same will
not materially change the results of the elections.
The winning union shall have the rights, privileges and obligations of a duly certified collective
bargaining agent from the time the certification is issued.
Where majority of the valid votes cast results in "No Union" obtaining the majority, the Med-Arbiter
shall declare such fact in the order.
Philippine Diamond Hotel and Resort Inc. v Manila Diamond Hotel Employees Union (2006)
Company: PHILIPPINE DIAMOND HOTEL AND RESORT, INC. (MANILA DIAMOND HOTEL)
Union/s: MANILA DIAMOND HOTEL EMPLOYEES UNION
Issue: W/N the Union may opt to represent in collective bargaining only their members as SEBA. NO,
the SEBA is the exclusive representative of the employees in the bargaining unit.
Doctrine: “…only the labor organization designated or selected by the majority of the employees in an
appropriate collective bargaining unit is the exclusive representative of the employees in such unit for
the purpose of collective bargaining…The union (hereafter referred to as respondent) is admittedly not
the exclusive representative of the majority of the employees of petitioner, hence, it could not demand
from petitioner the right to bargain collectively in their behalf.”
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E. Bars to Certification Election
a. When a party desires to negotiate an agreement, it shall serve a written notice upon the other
party with a statement of its proposals. The other party shall make a reply thereto not later than ten
(10) calendar days from receipt of such notice;
b. Should differences arise on the basis of such notice and reply, either party may request for a
conference which shall begin not later than ten (10) calendar days from the date of request.
c. If the dispute is not settled, the Board shall intervene upon request of either or both parties or
at its own initiative and immediately call the parties to conciliation meetings. The Board shall have the
power to issue subpoenas requiring the attendance of the parties to such meetings. It shall be the duty
of the parties to participate fully and promptly in the conciliation meetings the Board may call;
d. During the conciliation proceedings in the Board, the parties are prohibited from doing any act
which may disrupt or impede the early settlement of the disputes; and
e. The Board shall exert all efforts to settle disputes amicably and encourage the parties to submit
their case to a voluntary arbitrator.
Art. 263. Duty to bargain collectively when there exists a collective bargaining agreement.
When there is a collective bargaining agreement, the duty to bargain collectively shall also mean that
neither party shall terminate nor modify such agreement during its lifetime.
However, either party can serve a written notice to terminate or modify the agreement at least sixty
(60) days prior to its expiration date. It shall be the duty of both parties to keep the status quo and to
continue in full force and effect the terms and conditions of the existing agreement during the 60-day
period and/or until a new agreement is reached by the parties.
No petition questioning the majority status of the incumbent bargaining agent shall be entertained and
no certification election shall be conducted by the Department of Labor and Employment outside of
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the sixty-day period immediately before the date of expiry of such five-year term of the Collective
Bargaining Agreement.
All other provisions of the Collective Bargaining Agreement shall be renegotiated not later than three
(3) years after its execution.
Any agreement on such other provisions of the Collective Bargaining Agreement entered into within six
(6) months from the date of expiry of the term of such other provisions as fixed in such Collective
Bargaining Agreement, shall retroact to the day immediately following such date. If any such
agreement is entered into beyond six months, the parties shall agree on the duration of retroactivity
thereof. In case of a deadlock in the renegotiation of the Collective Bargaining Agreement, the parties
may exercise their rights under this Code.
To have a valid election, at least a majority of all eligible voters in the unit must have cast their votes.
The labor union receiving the majority of the valid votes cast shall be certified as the exclusive
bargaining agent of all the workers in the unit.
When an election which provides for three or more choices results in no choice receiving a majority of
the valid votes cast, a run-off election shall be conducted between the labor unions receiving the two
highest number of votes: Provided, that the total number of votes for all contending unions is at least
fifty percent (50%) of the number of votes cast.
At the expiration of the freedom period, the employer shall continue to recognize the majority status
of the incumbent bargaining agent where no petition for certification election is filed.
(a) when a fact of voluntary recognition has been entered or a valid certification, consent or run-off
election has been conducted within the bargaining unit within one (1) year prior to the filing of the
petition for certification election. Where an appeal has been filed from the order of the Med-Arbiter
certifying the results of the election, the running of the one year period shall be suspended until the
decision on the appeal has become final and executory;
(b) when the duly certified union has commenced and sustained negotiations in good faith with the
employer in accordance with Article 250 of the Labor Code within the one year period referred to in
the immediately preceding paragraph;
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(c) when a bargaining deadlock to which an incumbent or certified bargaining agent is a party had been
submitted to conciliation or arbitration or had become the subject of a valid notice of strike or lockout;
(d) when a collective bargaining agreement between the employer and a duly recognized or certified
bargaining agent has been registered in accordance with Article 231 of the Labor Code. Where such
collective bargaining agreement is registered, the petition may be filed only within sixty (60) days prior
to its expiry.
(a) the petitioner is not listed in the Department's registry of legitimate labor unions or that its legal
personality has been revoked or cancelled with finality in accordance with Rule XIV of these Rules;
(b) the petition was filed before or after the freedom period of a duly registered collective bargaining
agreement; provided that the sixty-day period based on the original collective bargaining agreement
shall not be affected by any amendment, extension or renewal of the collective bargaining agreement;
(c) the petition was filed within one (1) year from entry of voluntary recognition or a valid certification,
consent or run-off election and no appeal on the results of the certification, consent or run-off election
is pending;
(d) a duly certified union has commenced and sustained negotiations with the employer in accordance
with Article 250 of the Labor Code within the one-year period referred to in Section 14.c of this Rule, or
there exists a bargaining deadlock which had been submitted to conciliation or arbitration or had
become the subject of a valid notice of strike or lockout to which an incumbent or certified bargaining
agent is a party;
(e) in case of an organized establishment, failure to submit the twenty-five percent (25%) support
requirement for the filing of the petition for certification election.
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VIRON resulting in conciliation proceedings or the filing of a valid strike notice. The respondents advert
to a strike declared by NAFLU on October 26, 1986 for refusal of VIRON to bargain and for violation of
terms and conditions of employment, which was settled by the parties' agreement, and to another
strike staged on December 6, 1986 in connection with a claim of violation of said agreement, a dispute
which has since been certified for compulsory arbitration by the Secretary of Labor & Employment. 4
Obviously, however, these activities took place after the initiation of the certification election case by
KAMPIL, and it was grave abuse of discretion to have regarded them as precluding the holding of the
certification election thus prayed for."
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Acting Med-Arbiter in an order dated July 23, 1982 on the sole ground that the petition is barred by a pending
bargaining deadlock. However, respondent Director set aside the same order and subsequently affirmed an
order giving due course to the petition for certification election and ordering that an election be held.
The law demands that the petition for certification election should fail in the presence of a then
pending bargaining deadlock.
Colegio de San Juan de Letran v Association of Employees and Faculty of Letran (2000)
Company: COLEGIO DE SAN JUAN DE LETRAN
Union/s: ASSOCIATION OF EMPLOYEES AND FACULTY OF LETRAN and ELEONOR AMBAS
Issue: W/N the PCE is barred by the contract-bar rule considering that it was filed after the freedom
period and there are CBA negotiations between the SEBA and the employer. YES, Despite the lapse of
the formal effectivity of the CBA, status quo should be maintained, thus the former CBA remains
effective until a new agreement is entered into. Furthermore, it was filed outside the freedon period
and no legitimate representaion issue arose.
Doctrine: “the mere filing of a petition for certification election does not ipso facto justify the
suspension of negotiation by the employer. The petition must first comply with the provisions of the
Labor Code and its Implementing Rules. Foremost is that a petition for certification election must be
filed during the sixty-day freedom period. The "Contract Bar Rule" under Section 3, Rule XI, Book V, of
the Omnibus Rules Implementing the Labor Code, provides that: " .… If a collective bargaining
agreement has been duly registered in accordance with Article 231 of the Code, a petition for
certification election or a motion for intervention can only be entertained within sixty (60) days prior to
the expiry date of such agreement." The rule is based on Article 232,[8] in relation to Articles 253, 253-
A and 256 of the Labor Code. No petition for certification election for any representation issue may be
filed after the lapse of the sixty-day freedom period. The old CBA is extended until a new one is signed.
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The rule is that despite the lapse of the formal effectivity of the CBA the law still considers the same as
continuing in force and effect until a new CBA shall have been validly executed.[9] Hence, the contract
bar rule still applies.[10] The purpose is to ensure stability in the relationship of the workers and the
company by preventing frequent modifications of any CBA earlier entered into by them in good faith
and for the stipulated original period.[11]In the case at bar, the lifetime of the previous CBA was from
1989-1994. The petition for certification election by ACEC, allegedly a legitimate labor organization,
was filed with the Department of Labor and Employment (DOLE) only on May 26, 1996. Clearly, the
petition was filed outside the sixty-day freedom period. Hence, the filing thereof was barred by the
existence of a valid and existing collective bargaining agreement. Consequently, there is no legitimate
representation issue and, as such, the filing of the petition for certification election did not constitute a
bar to the ongoing negotiation..”
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Doctrine: “The Labor Arbiter completely disregarded and violated Section 6(c) of Presidential Decree
902-A, as amended, which categorically mandates the suspension of all actions for claims against a
corporation placed under a management committee by the SEC. Thus, the proceedings before the
Labor Arbiter and the order and writ subsequently issued by the NLRC are all null and void for having
been undertaken or issued in violation of the SEC suspension Order dated December 28, 1994. As such,
the Labor Arbiter’s decision, including the dismissal by the NLRC of Rubberworl’s appeal, could not
have achieved a final and executory status… It is incontrovertible that the denial of Rubberworld’s
motion to suspend proceedings in the principal case was incorporated in the decision of the Labor
Arbiter. Obviously, then, the Labor Arbiter’s decision of August 16, 1995 was rendered at a time
when Lingkod’s complaint against Rubberworld in NLRC-NCR-Case No. 00-09-06637-94 ought to have
been suspended. In short, at the time the SEC issued its suspension Order of December 28, 1994, the
proceedings before the Labor Arbiter were still very much pending. As such, no final and executory
decision could have validly emanated therefrom. Like the CA, we do not see any reason why the
doctrine of stare decisis will not apply to this case.”
In case of cancellation, nothing herein shall restrict the right of the union to seek just and equitable
remedies in the appropriate courts.
In re: Petition for Cancellation of the Union Registration of Air Philippines Flight Attendants Association
v BLR (2006)
Company: AIR PHILIPPINES CORPORATION
Union/s: AIR PHILIPPINES FLIGHT ATTENDANTS ASSOCIATION,
Issue: W/N the Petition for De-Certification and Cancellation of Union Registration should be granted
considering the allegation of the mixture of supervisory employees to the rank-and-file employees and
misrepresentation of the Union by making it appear that it is not a mixture of such. NO. The
misrepresentation contemplated in the cancellation of certification of union registration is not such
misrepresentation.
Doctrine: “for the purpose of de-certifying a union, it is not enough to establish that the rank-and-file
union includes ineligible employees in its membership. Pursuant to Article 239 (a) and (c) of the Labor
Code, it must be shown that there was misrepresentation, false statement or fraud in connection with
the adoption or ratification of the constitution and by-laws or amendments thereto, the minutes of
ratification, or in connection with the election of officers, minutes of the election of officers, the list of
voters, or failure to submit these documents together with the list of the newly elected-appointed
officers and their postal addresses to the BLR… APC did not impute on APFLAA such misrepresentation
of the character necessitated under Article 239 (a) and (c) of the Labor Code. APC merely argued that
APFLAA was not qualified to become a legitimate labor organization by reason of its mixed composition
of rank-and-file and supervisory employees; and that APFLAA committed misrepresentation by making
it appear that its composition was composed purely of rank-and-file employees. Such
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misrepresentation (if it can be called as such) as alleged by APC, is not conformable to Article 239 (a)
and (c) of the Labor Code.”
It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations,
and peaceful concerted activities, including the right to strike in accordance with law. They shall be
entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate
in policy and decision-making processes affecting their rights and benefits as may be provided by law.
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 to
investments, and to expansion and growth.
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Issue: W/N the company is guilty of ULP since it did not send counter-proposals to the proposal sent by
the SEBA. YES. Collective Bargaining is a mutual LEGAL obligaition of both the SEBA and employer. The
company’s totality of actions exemplifies bad faith.
Doctrine: “Collective bargaining which is defined as negotiations towards a collective agreement, 6 is
one of the democratic frameworks under the New Labor Code, designed to stabilize the relation
between labor and management and to create a climate of sound and stable industrial peace. It is a
mutual responsibility of the employer and the Union and is characterized as a legal obligation. So much
so that Article 249, par. (g) of the Labor Code makes it an unfair labor practice for an employer to
refuse "to meet and convene promptly and expeditiously in good faith for the purpose of negotiating
an agreement with respect to wages, hours of work, and all other terms and conditions of employment
including proposals for adjusting any grievance or question arising under such an agreement and
executing a contract incorporating such agreement, if requested by either party. While it is a mutual
obligation of the parties to bargain, the employer, however, is not under any legal duty to initiate
contract negotiation. 7 The mechanics of collective bargaining is set in motion only when the following
jurisdictional preconditions are present, namely, (1) possession of the status of majority representation
of the employees' representative in accordance with any of the means of selection or designation
provided for by the Labor Code; (2) proof of majority representation; and (3) a demand to bargain
under Article 251, par. (a) of the New Labor Code . ... all of which preconditions are undisputedly
present in the instant case. From the over-all conduct of petitioner company in relation to the task of
negotiation, there can be no doubt that the Union has a valid cause to complain against its
(Company's) attitude, the totality of which is indicative of the latter's disregard of, and failure to live up
to, what is enjoined by the Labor Code — to bargain in good faith.”
3. Waiver
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matter of right and requirement. Nothing in Article 253-A, prohibits the parties from waiving or
suspending the mandatory timetables and agreeing on the remedies to enforce the same. In the
instant case, it was PALEA, as the exclusive bargaining agent of PAL’s ground employees, that
voluntarily entered into the CBA with PAL. It was also PALEA that voluntarily opted for the 10-year
suspension of the CBA. Either case was the union’s exercise of its right to collective bargaining. The
right to free collective bargaining, after all, includes the right to suspend it. The acts of public
respondents in sanctioning the 10-year suspension of the PAL-PALEA CBA did not contravene the
“protection to labor” policy of the Constitution. The agreement afforded full protection to labor;
promoted the shared responsibility between workers and employers; and the exercised voluntary
modes in settling disputes, including conciliation to foster industrial peace."
B. Duty to Bargain
a. When a party desires to negotiate an agreement, it shall serve a written notice upon the other
party with a statement of its proposals. The other party shall make a reply thereto not later than ten
(10) calendar days from receipt of such notice;
f. Should differences arise on the basis of such notice and reply, either party may request for a
conference which shall begin not later than ten (10) calendar days from the date of request.
g. If the dispute is not settled, the Board shall intervene upon request of either or both parties or
at its own initiative and immediately call the parties to conciliation meetings. The Board shall have the
power to issue subpoenas requiring the attendance of the parties to such meetings. It shall be the duty
of the parties to participate fully and promptly in the conciliation meetings the Board may call;
h. During the conciliation proceedings in the Board, the parties are prohibited from doing any act
which may disrupt or impede the early settlement of the disputes; and
i. The Board shall exert all efforts to settle disputes amicably and encourage the parties to submit
their case to a voluntary arbitrator.
Art. 261. Duty to bargain collectively in the absence of collective bargaining agreements.
In the absence of an agreement or other voluntary arrangement providing for a more expeditious
manner of collective bargaining, it shall be the duty of employer and the representatives of the
employees to bargain collectively in accordance with the provisions of this Code.
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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.
Art. 263. Duty to bargain collectively when there exists a collective bargaining agreement.
When there is a collective bargaining agreement, the duty to bargain collectively shall also mean that
neither party shall terminate nor modify such agreement during its lifetime. However, either party can
serve a written notice to terminate or modify the agreement at least sixty (60) days prior to its
expiration date. It shall be the duty of both parties to keep the status quo and to continue in full force
and effect the terms and conditions of the existing agreement during the 60-day period and/or until a
new agreement is reached by the parties.
(c) To be furnished by the employer, upon written request, with its annual audited financial
statements, including the balance sheet and the profit and loss statement, within thirty (30) calendar
days from the date of receipt of the request, after the union has been duly recognized by the employer
or certified as the sole and exclusive bargaining representative of the employees in the bargaining unit,
or within sixty (60) calendar days before the expiration of the existing collective bargaining agreement,
or during the collective bargaining negotiation;
(c) To violate the duty, or refuse to bargain collectively with the employer, provided it is the
representative of the employees;
(f) Entering into collective bargaining agreements which provide terms and conditions of employment
below minimum standards established by law;
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Union/s: P.I. MANUFACTURING SUPERVISORS AND FOREMAN ASSOCIATION and the NATIONAL LABOR
UNION
Issue: W/N the wage distortion caused by the RA 6640 was cured by the CBA. Yes. The CBA remedied
the wage distortion.
Doctrine: “At this juncture, it must be stressed that a CBA constitutes the law between the parties
when freely and voluntarily entered into.[13] Here, it has not been shown that respondent
PIMASUFA was coerced or forced by petitioner to sign the 1987 CBA. All of its thirteen (13) officers
signed the CBA with the assistance of respondent NLU. They signed it fully aware of the passage of
R.A. No. 6640. The duty to bargain requires that the parties deal with each other with open and fair
minds. A sincere endeavor to overcome obstacles and difficulties that may arise, so that employer-
employee relations may be stabilized and industrial strife eliminated, must be apparent.[14]
Respondents cannot invoke the beneficial provisions of the 1987 CBA but disregard the concessions it
voluntary extended to petitioner. The goal of collective bargaining is the making of agreements that
will stabilize business conditions and fix fair standards of working conditions.[15] Definitely,
respondents’ posture contravenes this goal.”
C. Bargaining Procedure
Section 2. Disclosure of information. - In collective bargaining, the parties shall, at the request of either
of them, make available such up-to-date financial information on the economic situation of the
undertaking, which is normally submitted to relevant government agencies, as is material and
necessary for meaningful negotiations. Where the disclosure of some of this information could be
prejudicial to the undertaking, its communication may be made condition upon a commitment that it
would be regarded as confidential to the extent required. The information to be made available may
be agreed upon between the parties to collective bargaining.
Section 3. When single enterprise bargaining available. - Any voluntarily recognized or certified labor
union may demand negotiations with its employer for terms and conditions of work covering
employees in the bargaining unit concerned.
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Section 4. Procedure in single enterprise bargaining - A recognized or certified labor union that desires
to negotiate with its employer shall submit such intention in writing to the employer, together with its
proposals for collective bargaining.
The recognized or certified labor union and its employer may adopt such procedures and processes
they may deem appropriate and necessary for the early termination of their negotiations. They shall
name their respective representatives to the negotiation, schedule the number and frequency of
meetings, and agree on wages, benefits and other terms and conditions of work for all employees
covered in the bargaining unit.
Section 5. When multi-employer bargaining available. - A legitimate labor union(s) and employers may
agree in writing to come together for the purpose of collective bargaining, provided:
(a) only legitimate labor unions who are incumbent exclusive bargaining agents may participate and
negotiate in multi-employer bargaining;
(b) only employers with counterpart legitimate labor unions who are incumbent bargaining agents may
participate and negotiate in multi-employer bargaining; and (c) only those legitimate labor unions who
pertain to employer units who consent to multi-employer
bargaining may participate in multi-employer bargaining.
(a) Legitimate labor unions who desire to negotiate with their employers collectively shall execute a
written agreement among themselves, which shall contain the following:
1) the names of the labor unions who desire to avail of multi-employer bargaining;
3) the fact that each of the labor unions are the incumbent exclusive bargaining agents for their
respective employer units;
4) the duration of the collective bargaining agreements, if any, entered into by each labor union with
their respective employers.
Legitimate labor unions who are members of the same registered federation, national, or industry
union are exempt from execution of this written agreement.
(b) The legitimate labor unions who desire to bargain with multi-employers shall send a written notice
to this effect to each employer concerned. The written agreement stated in the preceding paragraph,
or the certificates of registration of the federation, national, or industry union, shall accompany said
notice.
Employers who agree to group themselves or use their existing associations to engage in
multiemployer bargaining shall send a written notice to each of their counterpart legitimate labor
unions indicating their desire to engage in multi-employer bargaining. Said notice shall indicate the
following:
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1) the names of the employers who desire to avail of multi-employer bargaining;
3) the fact that each corresponding legitimate union is any incumbent exclusive bargaining agent;
4) the duration of the current collective bargaining agreement, if any, entered into by each employer
with the counterpart legitimate labor union.
(c) Each employer or concerned labor union shall express its willingness or refusal to participate in
multi-employer bargaining in writing, addressed to its corresponding exclusive bargaining agent or
employer. Negotiations may commence only with regard to respective employers and labor unions
who consent to participate in multi-employer bargaining;
(d) During the course of negotiations, consenting employers and the corresponding legitimate labor
unions shall discuss and agree on the following:
2) the scope and coverage of the negotiations and the agreement; and
Section 7. Posting and registration of collective bargaining agreement. - Two (2) signed copies of
collective bargaining agreement reached through multi-employer bargaining shall be posted for at
least five ( 5) days in two conspicuous areas in each workplace of the employer units concerned. Said
collective bargaining agreement shall affect only those employees in the bargaining units who have
ratified it.
The same collective bargaining agreement shall be registered with the Department in accordance with
the following Rule.
1. Private Procedure
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Art. 263. (supra on page 136)
3. Conciliation/Preventive Mediation
Sec. 1. Section 7 of Executive Order No. 126 is hereby amended to read as follows:
"Sec. 7. Office of the Secretary. The Office of the Secretary shall consist of the Secretary and his
immediate staff. In addition, there is hereby created in the Office of the Secretary a Joint RP-US Lab or
Committee Staff Unit which shall provide technical and other necessary services to the Philippine panel
in the Joint Labor Committee created under the RP-US Base Labor Agreement and for other special
projects. The Unit who shall be headed by a Head Executive Assistant who shall be assisted by five (5)
Staff Assistants."
Sec. 2. Section 18 of Executive Order No. 126 is hereby amended to read as follows:
"Sec. 18. Bureaus. The following staff bureaus of the Department are hereby retained and shall
continue to have the same functions, except as otherwise provided herein:
(a) Bureau of Local Employment;
(b) Bureau of Women and Minors, which hereby renamed as the Bureau of Women and Young
Workers;
(c) Bureau of Rural Workers;
(d) Bureau of Labor Relations, which shall continue to perform its present functions except those to be
absorbed by the National Mediation and Conciliation Board as provided under Section 29 (c) hereof;
and
(e) Bureau of Working Conditions."
Sec. 3. Section 20 of Executive Order No. 126 is hereby amended to read as follows:
"Sec. 20. Institute For Labor Studies. There is hereby created an Institute for Labor Studies, hereinafter
referred to as the Institute, which shall attached to the Department of Labor and Employment for
policy and program coordination and administrative supervision. The Institute shall absorb the
research and publication functions of the Institute of Labor and Manpower Studies which is hereby
abolished in accordance with Section 29(b) of this Executive Order. The Institute, to be headed by an
Executive Director, assisted by a Deputy Executive Director, shall have the following functions:
(a) Undertake research and studies in all areas of labor and manpower policy and administration.
(b) Review the rationale of existing legislation and regulations and analyze the cost involved in the
implementation of such legislation against the benefits expected to be derived;
(c) Study and develop innovative and indigenous approaches towards the promotion harmonious and
productive labor-management relations, and the improvement of workers' welfare services;
(d) Develop and undertake research programs and projects in collaboration with other national
agencies to enhance the Department's capability to participate in national decision and policy making;
(e) Enter into agreements with international or bilateral agencies for the carrying out of the foregoing
functions;
(f) Expand the scope of its research interests into other countries and regions;
(g) Publish its research studies for dissemination to government as well as to all concerned parties; and
(h) Perform such other functions as may be provided by law or assigned by the Secretary."
Sec. 4. Section 22 of Executive Order No. 126 is hereby amended to read as follows:
"Sec. 22. National Conciliation and Mediation Board. A National Conciliation and Mediation Board,
herein referred to as the "Board", is hereby created and which shall absorb the conciliation mediation
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and voluntary arbitration functions of the Bureau of Labor of Relations in accordance with Section 29
(c) hereof. The Board shall be composed of an Administrator and two (2) Deputy Administrators. It
shall be an attached agency under the administrative supervision of the Secretary of Labor and
Employment.
The Administrators and the Deputy Administrators shall be appointed by the President upon
recommendation of the Secretary of Labor and Employment. There shall be as many Conciliators-
Mediators as the needs of the public service require, who shall have at least three (3) years of
experience in handling labor relations and who shall be appointed by the Secretary.
The Board shall have its main office in Metropolitan Manila and its Administrators shall exercise
supervision over Conciliators-Mediators and all its personnel. It shall establish as many branches as
there are administrative regions in the country, with a many Conciliator-mediators as shall be
necessary for its effective operation. Each branch of the Board shall be headed by an Executive
Conciliator-Mediator.
The Board shall have the following functions:
(a) Formulate policies, programs, standards, procedures, manuals of operation and guidelines
pertaining to effective mediation and conciliation of labor disputes;
(b) Perform preventive mediation and conciliation functions;
(c) Coordinate and maintain linkages with other sectors of institutions, and other government
authorities concerned with matters relative to the prevention and settlement of labor disputes;
(d) formulate policies, plans, programs, standards, procedures, manuals of operation and guidelines
pertaining to the promotion of cooperative and non-adversarial schemes, grievance handling,
voluntary arbitration and other voluntary modes of dispute settlements;
(e) Administer the voluntary arbitration program; maintain/update a list of voluntary arbitrations;
compile arbitration awards and decisions;
(f) Provide counselling and preventive mediation assistance particularly in the administration of
collective agreement; awards and decisions;
(g) Monitor and exercise technical supervision over the Board programs being implemented in the
regional offices; and
(h) Perform such other functions as may be provided by law or assigned by the Secretary.
A Tripartite Voluntary Arbitration Advisory Council is hereby created and attached to the National
Conciliation and Mediation Board. The Tripartite Voluntary Arbitration Advisory Council shall advise the
National Conciliation Board on matters pertaining to the promotion of voluntary arbitration as the
preferred mode of dispute settlement.
The Tripartite Voluntary Arbitration Advisory Council shall consist of the Administrator of the National
Conciliation and Mediation Board as Chairman, one other member from the government, two
members representing labor, and two other members representing management. The members shall
be appointed by the President to serve for a term of three (3) years. The Chairman and Members
thereof shall serve without compensation."
Sec. 5. Section 24 of Executive Order No. 126 is hereby amended to read as follows:
"Sec. 24. Regional Offices, District Offices and Provincial Extention Units. The Department is hereby
authorized to establish, operate and maintain such Department-wide Regional Offices, District Offices
and Provincial Extension Units in each of the administrative regions of the country, insofar as necessary
to promote economy and efficiency in the delivery of its services. Each Regional Office shall be headed
by a Regional Director who shall have supervision and control thereof. The Regional Director,
whenever necessary, shall be assisted by an Assistant Regional Director. A Regional Office shall have,
within its regional areas, the following functions:
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(a) Implement laws, policies, plans, programs, projects, rules and regulations of the Department;
(b) Provide economical, efficient and effective service to the people;
(c) Coordinate with regional offices of other departments and agencies;
(d) Coordinate with local government units;
(e) Perform such other functions as may be provided by law or assigned by the Secretary."
Sec. 6. All laws, orders, issuances, rules and regulations or parts thereof inconsistent with this
Executive Order are hereby repealed or modified accordingly.
DONE in the City of Manila, this 25th day of July, in the year of Our Lord, nineteen hundred and eighty-
seven.
During the proceedings, the parties shall not do any act which may disrupt or impede the early
settlement of the dispute. They are obliged, as part of their duty to bargain collectively in good faith
and to participate fully and promptly in the conciliation meetings called by the regional branch of the
Board.
A notice, upon agreement of the parties, may be referred to alternative modes of dispute resolution,
including voluntary arbitration.
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