Beruflich Dokumente
Kultur Dokumente
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specific occupational or geographical grouping (y)"Lockout" means the temporary refusal of an
within such employer unit. employer to furnish work as a result of a labor or
industrial dispute.
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election of union officers starting from the opening (rr) “Conciliator-Mediator" is an officer of the Board
to the closing of the polls, including the counting whose principal function is to assist in the
and tabulation of the votes, but excluding the settlement and disposition of labor-management
period for the final determination of the challenged disputes through conciliation and preventive
votes and the canvass thereof. mediation, including thepromotion and
encouragement of voluntary approaches to labor
(hh) "Organized Establishment" refers to a firm or disputes prevention and settlement.
company where there exists a recognized or
certified exclusive bargaining agent.
(mm) "Election Officer" refers to an officer assigned Section 2.Who may joinlabor organizations.-All
by the Bureau or Regional Director to conduct and persons employed in commercial, industrial and
supervise certification elections and to provide agricultural enterprises, including employees of
assistance, whenever requested, in the conduct of government-owned or controlled corporations
election of union officers in accordance withRules without original charters established under the
XI, XII and XIII of these Rules. Corporation Code, as well as employees of
religious, charitable, medical or educational
(nn) "Term of Office" refers to the fixed period of institutions whether operating for profit or not, shall
five (5) years during which the duly elected officers have the right to self-organization and to form, join
of a labor organizationshall discharge the functions or assist labor organizations for purposes of
of their office. collective bargaining; provided, however, that
supervisory employees shall not be eligible for
(oo) "Cabo" refers to a person or group of persons membership in a labor organization of the rank-
or to a labor group which, in the guise of a labor and-file employees but may form, join or assist
organization, supplies workers to an employer, with separate labor organizations of their
or without any monetary or other consideration own.Managerial employees shall not be eligible to
whether in the capacity of an agent of the employer form, join or assist any labor organization for
or as an ostensible independent contractor. purposes of collective bargaining. Alien employees
withvalidworking permits issued by the Department
(pp) "Collective Bargaining Agreement" refers to
may exercise the right to self-organization and join
the negotiated contract between a legitimate labor
or assist labor organizations for purposes of
organization and the employer concerning wages,
collective bargaining if they are nationals of a
hours of work and all other terms and conditions of
country which grants the same or similar rights to
employment in a bargaining unit.
Filipino workers, as certified by the Department of
Foreign Affairs.
(qq) "Med-Arbiter" is an officer in theRegional
Office or in the Bureau authorized to hear,
For the purpose of this Section, any employee,
conciliate, mediate and decide representation
whether employed for a definite period or not,
cases,or to assist in the disposition of intra- or
shall, beginning on the first day of his service, be
inter-union disputes.
eligible for membership in any labor organization.
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Section 3. All other workers including ambulant, or adopted during the organizational meeting
intermittent and other workers, the self-employed, referred to in paragraph (a) above.In such case,
rural workers and those without any definite the factual circumstances of the ratification shall be
employers may form workers associations for their recorded in the minutes of the organizational
mutual aid and protection and for other legitimate meeting.
purposes.
(II)The application for registration of a federation or
national union shall, in addition to sub-paragraphs
(a), (c) and (d) of the immediately preceding
RULE III paragraph, be supported
(a)The names of its officers, their addresses, the (d) A copy of its constitution and by-laws and
principal address of the labor organization, the minutes of its ratification by a majority of the
minutes of the organizational meetings and the list presidents of the member organizations, provided
of workers who participated in such meetings; that where the ratification was done simultaneously
with the organizational meeting, it shall be
(b)The number of employees and names of all its
sufficient that the fact of ratification be included in
members comprising at least twenty percent (20%)
the minutes of the organizational meeting.
of the employees in the bargaining unit where it
seeks to operate;
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Section 2. Requirements for registration.-The Bureau denying the application for registration
application for registration of a workers association shall be in writing, stating in clear terms the
shall be supported by the following: reasons therefor.A copy thereof shall be furnished
the applicant union.The decision may be appealed
(a) The names of its members, their addresses, the to the Bureau if the denial is by the Regional
principal office of the applicant, the minutes of its Director, or to the Secretary if the denial is by the
organizational meeting/s, and the names of its Bureau, within ten (10) days from receipt of notice
individual members who attended such meeting/s; thereof, on the groundof grave abuse of discretion
or violation of these Rules.
(b) A copy of its constitution and by-laws, duly
ratified by a majority of its individual members; The appeal shall be filed in the Regional Office or
in the Bureau, as the case may be, which shall
(c) In the case of any grouping of workers’
cause the transmittal of the records to the
associations, the requirements under Rule III,
Bureauor to the Secretary within five (5) calendar
Section 2, No. III of these Rules shall apply.
days from receipt of the appeal.
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Section 2. Chartering by a workers association. - A coincide with the calendar year, unless a different
duly registered workers’ association may likewise period is prescribed in its constitution and by-laws.
charter any of its branches, subject to the filing of
the documents prescribed under the immediately
preceding section.
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Section 4. Action on the petition; appeals. - The bargaining representative enjoys the majority
Regional or Bureau Director, as the case may be, support of all the employees in the bargaining unit.
shall have thirty (30) days from submission of the
case for resolution within which to resolve the Section2. Determination of representation status;
petition. The decision of the Regional or Bureau modes. - The determination of an exclusive
Director may be appealed to the Bureau or the bargaining representative shall be through
Secretary, as the case may be, within ten (10) days voluntary recognition in cases where there is only
from receipt thereof by the aggrieved party on the one legitimate labor organization operating within
ground of grave abuse of discretion or any violation the bargaining unit, or through certification, run-off
of these Rules. or consent election as provided for in this Book.
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RULE XI (a) The name of petitioner, its address, and
affiliation if appropriate, the date of its registration
CERTIFICATION ELECTIONS and number of its certificate of registration if
petitioner is a federation, national union or
Section 1.Who may file. - Subject to the provisions
independent union, or the date it was reported to
of this Rule, any legitimate labor organization or
the Department if it is a local/chapter;
any employer, when requested to bargain
collectively and the status of the union is in doubt, (b) The name, address and nature of the
may file a petition for certification election. employer's business;
Section2.Where to file. - A petition for certification (c) The descriptionof the bargaining unit;
election may be filed with the Med-Arbiter through
the Regional Office which has jurisdiction over the (d)The approximate number of employees in the
principal office of the employer or where the bargaining unit;
bargaining unit is principally situated.
(e) The names and addresses of other legitimate
Where two or more petitions involving the same labor organizations in the bargaining unit;
bargaining unit are filed in one Regional Office, the
same shall be automatically consolidated.Where (f) A statement indicating any of the following
these petitions are filed in different Regional circumstances:
Offices, the Regional Office which first acquires
i) that the bargaining unit is unorganized or that
jurisdiction over the case shall exclude the others,
there is no registered collective bargaining
in which case the latter shall endorse the petition to
agreement covering the employees in the
the former for consolidation.
bargaining unit;
Section 3. When to file. - In the absence of a
ii) if there exists a duly registered collective
collective bargaining agreement duly registered in
bargaining agreement, that the petition is filed
accordance with Article 231 of the Code, a petition
within the sixty-day freedom period of such
for certification election may be filed at any time.
agreement; or
However, no certification election may be filed
within one year from the date of a
iii) if another union had been previously certified in
validcertification,consentor run-off election orfrom
a valid certification, consent or run-off election or
the date of voluntary recognition in accordance
voluntarily recognized in accordance with Rule X of
with Rule X of these Rules; provided, that where an
these Rules, that the petition is filed outside the
appeal has been filed on the order of the Med-
one-year period from such certification or run-off
Arbiter certifying the results of the election, the
election and no appeal is pending thereon, or from
running of the one year period shall be suspended
the time the fact of recognition was entered into the
until the decision on the appeal shall have become
records of such union.
final and executory.
(g)In an organized establishment, the signatures of
Neither may a representation question be
at least twenty-five (25%) percent of all employees
entertained if, before the filing of a petition for a
in the appropriate bargaining unit which shall be
certification election, the duly recognized or
attached to the petition at the time of its filing; and
certified union has commenced negotiations with
the employer in accordance with Article 250 of the (h)Other relevant facts.
Code within the one-year period referred to in the
immediately preceding paragraph, or a bargaining
deadlock to which an incumbent or certified
bargaining agent is a party had been submitted to When the petition is filed by an employer, it shall
conciliation or arbitration or had become the contain, among others:
subject of valid notice of strike or lockout. If a
(a) The name, address and general nature of the
collective bargaining agreement has been duly
employer's business;
registered in accordance with Article 231 of the
Code, a petition for certification election or a
(b) Names and addresses of the legitimate labor
motion for intervention can only be entertained
organizations involved;
within sixty (60) days prior to the expiry date of
such agreement. (c) The approximate number of the employees in
the appropriate bargaining unit;
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Section 5. Assignment of the case.- Within twenty- Section 9. Answer. - If the contending unions fail to
four (24) hours from receipt ofthepetition, the agree to a consent election during the first hearing,
Regional Director shall assign the case to a Med- the Med-Arbiter shall in the same hearing direct all
Arbiter, who shall immediately cause the posting of concerned parties, including the employer, to
the petition in two conspicuous places where the simultaneously submit their respective position
petitioner seeks to operate and the issuance of papers within a non-extendible period of ten (10)
summons to all parties named in the petition, days.The position papers shall specifically address
indicating the first hearing and ordering the parties the issues identified during the hearing, and shall
to appear therein. include all arguments and evidence as the parties
may deem relevant in the disposition of the
Section6. Forced Intervenor. - The incumbent case.All arguments not so raised are deemed
bargaining agent shall automatically be one of the waived.Upon the expiration of the ten-day period,
choices in the certification election as forced the petition shall be deemed submitted for
intervenor. resolution, with or without position papers
submitted by the parties.
Section 7.Motions for intervention; when proper.-
When a petition for certification election had been
filed in an organized establishment, any legitimate
labor organization other than the incumbent Section 10. Failure to appear despite notice. - The
bargaining agent operating within the bargaining failure of any party to appear twice despite notice,
unit may file a motion for intervention with the Med- whether consecutive or not, shall be deemed a
Arbiter during the freedom period of the collective waiver of its right to be heard, in which case the
bargaining agreement.The form and contents of Med-Arbiter shall proceed to resolve the petition on
the motion shall be the same as that of a petition the basis of available records.
for certification election.
Section 11. Action on the petition. - The Med-
In an unorganized establishment, the motion shall Arbiter shall have twenty (20) working days from
be filed at any time prior to the finality of the submission of the case for resolution within which
decision calling for a certification election.The form to grant or dismiss the petition.
and contents of the petition shall likewise be the
same as that of a petition for certification election.If
the motion is found sufficient in form and
I.A decision granting the petition shall state the
substance, the Med-Arbiter shall, within five (5)
following:
days from receipt thereof but in any event prior to
the holding of the election if such had been
(a)The name of the employer or the establishment;
scheduled, order the inclusion of the movant as
one of the choices, and the original decision shall (b)The description of the bargaining unit;
be amended accordingly.The order of the Med-
Arbiter resolving the motion shall not be subject to (c)The names of the contending unions which shall
reconsideration or appeal.Any motion for appear in the following order:
reconsideration or appeal so filed shall not stay the
holding of the certification or consent election, but i)Petitioner union or, in case of two or more
nevertheless shall form part of the records of the petitioners, in the order in which the petitions were
case. filed;
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complied with all the requirements enumerated supporting arguments and evidence.The appeal
under Sections 1, 2 and 4 hereof, and that none of shall be deemed not filed unless accompanied by
the grounds for dismissal enumerated in the proof of service thereof to appellee.
immediately succeeding paragraph exists.
Section 13.Where to file appeal. - The appellant
II.The Med-Arbiter shall dismiss the petition on any shall file its appeal with the Regional Office where
of the following grounds: the case originated.
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consent election is less than the majority of all the
eligible employees in the bargaining unit, there
shall be a failure of election.Such failure of election
shall not bar the filing of a petition for the
.
immediate holding of another certification or
consent election.
The pre-election conference shall set the
mechanics for the election and shall determine,
Section 18.Effects of early agreements. - The
among others, the following: (a) the list of qualified
representation case shall not be adversely affected
voters; (b) the date, time and place of the election;
by a collective bargaining agreement registered
(c) the names of watchers and representatives; (d)
before or during the last sixty (60) days of a
the number and location of polling places or
subsisting agreement or during the pendency of
booths; and (e) the number of ballots to be
the representation case.
prepared.
Section 19. Motions for inhibitions. - No motion for
inhibition of the Med-Arbiter shall be entertained
from any party unless the same is verified and
based on specific grounds or circumstances
directly related to or arising from the dispute under .
consideration.
The failure of any party to appear during the pre-
Inhibition shall be discretionary on the Med-Arbiter election conference, despite notice, shall be
concerned. Within twenty-four (24) hours from construed as a waiver to be represented and to
receipt thereof, the Med-Arbiter shall deny the question or object to any agreement reached in
motion, which denial shall not be appealable, or said pre-election conference.Nothing herein,
grant the same by returning the entire records of however, shall deprive the non-appearing party of
the case to the Regional Director, specifically its right to be furnished notices of subsequent pre-
stating his reasons for inhibition. election conferences and to attend the same.
RULE XII
Section 3.Election conducted during regular
CONDUCT OF CERTIFICATION ELECTIONS business day.- The election shall be set during a
regular business day of the company unless
. otherwise agreed upon by the parties. It shall be
held within company premises unless
Section 1.Pre-election conference. - Within twenty-
circumstances otherwise require, as determined by
four (24) hours from receipt from the Med-Arbiter of
the election officer.
the final decision for the conduct of a certification
election, or from the remand of the records of the Section 4.Posting of notices. - The Regional Office
case from the Office of the Secretary, the Regional shall cause the posting of notice of electionat least
Director shall assign the case to an election officer five (5) working days before the actual date
for the conduct of a pre-election conference. thereofin two most conspicuous places in the
company premises. The notice shall contain the
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date and time of the election, names of all Section 8.Keeping of minutes.-The election officer
contending unions, the description of the shall keep minutes of the entire proceedings,
bargaining unit and the list of eligible voters.The including therein all events and circumstances
five-day period for posting of notice and the list of relevant to the election.Upon completion of the
eligible voters may be waived upon the written entire proceedings, the representatives of the
agreement of the parties. parties shall sign the minutes and be furnished
copies thereof.Where the representatives are not
present or refuse to sign the minutes, this fact shall
be duly noted by the election officer.
Section 5.Secrecy and sanctity of the ballot. -To
ensure the secrecy of the ballot, the electionofficer,
together with the authorized representatives of the
contending parties,shall, before the start of the
actual voting,inspect the polling place, the ballot
boxes, and the polling booths.After the .
examination of each ballot box, the election officer
Section9. Challenging of votes. -An authorized
shall sealeach with three padlocks.The key to each
representative of any of the contending parties
padlock shall be kept individually by the
may challenge a vote before it is deposited in the
electionofficer, the representative of the labor
ballot box only on any of the following
organization, and the representative of the
grounds:chanroblesvirtuallawlibrary
employer.Ifmore than one union is involved, the
holder of the keyfor the labor organization shall be
(a)That there is no employer-employee relationship
determined by drawing of lots.All keys shall remain
between the voter and the company; and
in the possession of the electionofficer and
therepresentativesduring the entire proceedings
anduntil all the controversies concerning the
openingofthe ballot box shall have been (b)That the voter is not a member of the
resolved.Where the representative of the employer appropriate bargaining unit which petitioner seeks
or labor organization is not present or has lost a to represent.
key at the time of the opening of the ballot box, the
election officer shall have the authority to break When a vote is properly challenged, the election
open the box.The circumstances under which this officer shall place the ballot in an envelope which
authority is exercised shall be reflected in the shall be sealed in the presence of the voter and the
minutes of the proceedings. representatives of the parties.The election officer
shall indicate on the envelope the voter's name,
the party challenging the voter, and the ground for
the challenge.The sealed envelope shall then be
Section6. Preparation of ballots. - For the guidance signed by the election officer and the
of the voters,ballots shall be prepared in Filipino representatives of all the parties.The election
and Englishwith a translation in the local dialect, officer shall note all challenges in the minutes of
ifnecessary. the election and shall be responsible for
consolidating all envelopes containing the
Section7.Markingof votes. - The voter must put a
challenged votes. The envelopes shall be opened
cross (X) or a check (/) mark in the square opposite
and the question of eligibility shall be passed upon
the name of the union of his choice.If only one
only if the number of segregated voters will
union is involved, the voter shall make his cross or
materially alter the results of the election.
check mark in the square indicating "yes" or "no”.
Section10. On-the-spot questions. - The election
officer may rule on any question relating to and
raised during the conduct of the election.In no
If a ballot is torn, marked,defaced, or left unfilledin
case, however, shall the election officer rule on any
such a manner as to create doubt or confusion or
of the grounds for challenge specified in the
to identify the voter, it shall be consideredspoiled.If
immediately preceding section.
the voter inadvertently spoils a ballot, he shall
return it to the electionofficer who shall destroy it
Section 11.Protest; when perfected. - Any party-in-
andgive him another ballot.
interest may file a protest based on the conduct or
mechanics of the election.Such protests shall be
recorded in the minutes of the
proceedings.Protests not so raised are deemed
waived.
.
The protesting party must formalize its protest with
the Med-Arbiter, with specific grounds, arguments
and evidence therefor, within five (5) days after the
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close of the proceedings.If not recorded in the The Med-Arbiter shall have twenty (20) days within
minutes and formalized within the prescribed which to issue an order certifying the result of the
period, the protest shall be deemed dropped. election. Any protest, eligibility issue, or such other
questions that may have been raised during the
election proceedings shall likewise be disposed of
by the Med-Arbiter in the same order.
Section 12. Canvassing of votes; when election is
valid. - As soon as the polls close, the votes cast Section 15. Appeal; finality of decision.-The
shall be counted and tabulated by the decision of the Med-Arbiter may be appealed to the
electionofficer in the presence of the Secretary within ten (10) days from receipt by the
representatives of the parties.Upon completion of parties ofa copy thereof, only on the grounds of
the canvassing, the electionofficer shall give each violation of Section 9 hereof or of serious errors of
representativea copy of the minutes of theelection fact or law in the resolution of a protest.
including the results thereof. The ballots and the
tally sheetsshall be sealed in an envelope and The appeal shall be under oath and shall consist of
signed by the electionofficer and by the a memorandum of appeal specifically stating the
representative of the contending parties and shall grounds relied upon by the appellant with the
remain under the custody of the electionofficer. supporting arguments and evidence.The appeal
shall be deemed not filed unless accompanied by
The union which obtained a majority of the valid proof of service thereof to appellee.The decision of
votes cast shall be certified as the sole and the Secretary on the appeal shall be final and
exclusive bargaining agent of all the workers in the executory.
appropriate bargaining unit. However, in order to
have a valid election, at least a majority of all Where no appeal is filed within the ten-day period,
eligible voters in the appropriate bargaining unit the decision shall become final and executory and
must have cast their votes. the Med-Arbiter shall enter this fact into the records
of the case.
Section 13. Proclamation and certification of results
by election officer; when proper.-Upon completion Section 16. Where to file appeal.-The appellant
of the canvass and there being a valid election, the shall file its appeal with the Regional Office where
election officer shall proclaim and certify as winner the case originated.
the union which obtained a majority of the valid
votes cast under any of the following Section 17. Period to reply.-The appellee shall file
conditions:chanroblesvirtuallawlibrary its reply thereto within ten (10) days from receipt of
a copy of the appeal.The Regional Office shall,
within five (5) days from receipt of the reply,
forward the entire records of the case to the Office
a)No protest had been filed or, even if one was of the Secretary.Where no reply is received by the
filed, the same was not perfected within the five- Regional Office within twenty (20) days when such
day period for perfection of the protest; reply should have been filed, the Regional Office
shall likewise forward the entire records of the case
b)No challenge or eligibility issue was raised or,
to the Office of the Secretary.
even if one was raised, the resolution of the same
will not materially change the result. Section 18.Motion to postpone does not stay
election. - The filing of a motion to postpone shall
For this purpose, the election officer shall
not stay the holding of the election.
immediately issue the corresponding certification,
copy furnished all parties, which shall form part of
the records of the case.The winning union shall
have the rights, privileges and obligations of a duly
certified collective bargaining representative from
the time the certification is issued.The proclamation .
and certificationso issued shall not be appealable.
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RUN-OFFS not readily available to the complaining members
through no fault of their own.
Section1. Run-off election. - When an election
which provides for three (3) or more choices results
in no choice receiving a majority of the valid votes
cast, and no objectionsorchallenges have been Section3. Procedure. - Within twenty-four (24)
presented which, if sustained, can materially hours fromreceipt of the complaint,theRegional
change the results, the election officer shall motu Directorshall immediately assign the case to a
proprio conducta run-off electionwithin five (5) Med-Arbiter or appropriate officer of the Labor
calendar days from the close of the election Relations Division for conciliation or hearings, as
proceedings betweenthe labor unions receiving the may be appropriate.Within ten (10) days from
two highest number of votes;provided, that the total receipt of the assignment, it shall be mandatory
number of votes for all contending unions is at upon such officer to conduct a conciliation
least fifty percent (50%) of the number of votes conference and to exert every effort to effect an
cast. amicable settlement.
The voters' list to be used in the run-off election Where no amicable settlement is reached, the
shall be the same list as that used in the first officer concerned shall use the mandatory
election. The ballots in the run-off election shall conference as a venue to limit the issues, ask
provide as choices the unionsreceiving the highest clarificatory questions, or convince the parties to
and the second highest number of the votes agree on a stipulation of facts. In every case, the
cast.The union receiving the greater number of officer concerned shall keep minutes of the
valid votes cast shall be certified as the winner, conference, signed by and copy furnished the
subject to the applicableprovisions of Rule XII of parties.
this Book.
Thereafter, the parties shall be given ten (10) days
within which to submit their respective position
papers addressing all relevantissuesand
RULEXIV consolidating all their arguments and
evidences,after which the case shall be deemed
INTRA -UNIONDISPUTES submitted for resolution.
Section 1.Complaint; who may file. - Any member The Regional Directorshall have twenty (20)
of a union may file with the Regional Director workingdays from submission of thecase for
acomplaint for any violation of the constitution and resolutionwithin which to settle or decide the case.
by-laws and the rights and conditions of The decisionshall state the facts and the reliefs
membership under Article 241 of the granted, if any.If the disputeinvolvesa violation of
Code.However, if the issue involves the entire the rights and conditions of membership
membership of the union,the complaint shall be enumerated under Article 241of the Code, the
supported by at least thirty percent (30%) of the Regional Director may, if specifically prayed for in
members of the federation, national union, the complaint and supported with substantial
local/chapter, affiliate or independent union, as the evidence, order the cancellation of the registration
case may be, at the time of the filing thereof. Such certificate of the erring union or the expulsion of
complaint shall befiled in the Regional Office where the guilty party from the union, whichever is
the union is domiciled. appropriate; provided, however, that no
cancellation shall be ordered unless the complaint
is supported by at least thirty percent (30%) of the
union membership.
Section 2. Contents of complaint. - The complaint
shall,among others,contain the following:
Section4. Appeal; finality of decision. - The
decision of theRegional Directormay be appealed
(a) The person or persons charged;
to the Bureau by the aggrieved partywithin ten (10)
(b) The specific violation/s committed; calendar days from receipt thereof,forgrave abuse
of discretionorany violation of these Rules.
(c) The relief/s prayed for; and
In addition to the above requirement, the petition The appeal shall be under oath, and shall consist
on its face must show that the administrative of amemorandum of appeal specifically stating the
remedies provided for in the constitution and by- grounds relied upon by the appellant with the
laws have been exhausted or such remedies are supporting arguments and evidence.The appeal
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shall be deemed not filed unless accompanied by committee on election to be composed of at least
proof of service of a copy thereof to the appellee. three (3)members who are not running for any
position in the election, provided that if there are
Where no appeal is filed within the ten-day period, identifiable parties within the organization or
the decision shall become final and executory, and association, each party shall have equal
the Regional Office shall enter this fact into the representation in the committee.
records of the case.
b) Upon constitution, the members shall elect the
chairman of the committee from among
themselves.In case of disagreement, the president
Section5. Where to file appeal. - The appellant
shall designate the chairman.In case of anelection
shall file its appealwith the Regional Office where
the conduct of which was ordered by the Regional
the case originated.
Director, the chairman of the committee shall be a
representative of the Labor Relations Division of
the Regional Office.
Section6.Period toreply. - Theappellee shall file its
reply theretowithin ten (10) daysfrom receiptof a
copy of the appeal. The RegionalOfficeshall, within
Section2.Powers and duties of the committee. -
five (5) days from receipt of the reply,forward the
Within ten (10) days from its constitution, the
entire records of the case to the Bureau. Where no
committee shall, among others, exercise the
reply is received by the Regional Office within
following powers and
twenty (20) days when such reply should have
duties:chanroblesvirtuallawlibrary
been filed, the Regional Office shall likewise
forward the entire records of the case to the
Bureau.
a) Set the date, time and venue of the election;
.
.
a) Withinsixty (60) days before the expiration of the
term of the incumbentofficers, the president of the Section 4.Protests. - At any time prior to the close
labor of election proceedings, any party may file a
organizationorworkersassociationshallconstitutea protest with the committee for any violation of the
rules prescribed inthe election.All protests shall be
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entered in the minutes of election proceedings. The (b) Statement that the collective bargaining
committee shall endeavor to settle or resolve all agreement was ratified by the majority of the
protests amicably, during or immediately after the employees in the bargaining unit.
close of election proceedings.
The posting required in the preceding paragraph
Section 5.Proclamation. - Immediately after the shall be the responsibility of the parties.
canvassing of the ballots, and there being no
unresolved protest which, if resolved can materially The Regional Office shall assess the employer for
change the results, the committee shall declare the every collective bargaining agreement aregistration
winners of the election. fee of one thousand pesos (P1,000.00).
Any protest left unresolved after the close of the The Regional Office shall retain one (1) copy of the
election proceedings shall be resolved by the agreement for its file and transmit one (1) copy
committee within five (5) days.Within this period, thereofto the Bureauwithin five (5) calendar days
the committee may allow the protestant and all from its registration. The Regional Office shall
oppositors to be heard or to submit their position issue a certificate of registration within five (5)
papers. Otherwise, the committee shall resolve the calendar days from receipt of the agreement and
protest on the basis of the minutes of the the proofs of posting and ratification as required
proceedings herein.
Upon resolution of the protest, the committee shall Section 2. Registration of agreement resulting from
immediately proclaim the winners and the latter awards by the Secretary, the Commission, or the
may assume their positions immediately. Voluntary Arbitrator. - Where the agreement results
from an arbitration award, the same shall be
Section 6.Protests and petitions for annulment of registered in accordance with the immediately
election results. - Protest or petitions for annulment preceding section, except that the requirement of
of the result of an election shall be filed with and ratification and proof thereof shall be dispensed
acted upon by the Regional Director in accordance with.
with the provisions prescribed in Rule XIV of this
Book.No protest or petition shall be entertained by
the Regional Director unless the issue raised has
been resolved by the committee.
.
16
Section 4. Exception to contract-bar rule.- RULE XVIII
Notwithstanding its registration, a collective
bargaining agreement shall not constitute a bar to ADMINISTRATION OF TRADE UNION
a certification election where it is found in
FUNDS AND ACTIONS ARISING THEREFROM
appropriate proceedings before the Regional
Director that any of the following conditions exist:
Section1. Right of union to collect dues.- The right
of the incumbent bargaining representative to
a)The agreement contains provisions lower than
check off and to collect dues resulting therefrom
the standards fixed by law; or
shall not be affected by the pendency of a
b)The documents supporting its registration are representation case or an intra-union dispute.
falsified, fraudulent or tainted with
misrepresentation.
The Regional Office shall also transmit to the Section 4. Venue of financial examination.- Where
Bureau a copy of every final decision cancelling or the respondent in the complaint for financial
revoking the legitimate status of a labor examination is an independent union,
organization or workers’ association, indicating local/chapter, or workers association operating in
therein the date such decision became final. one regional jurisdiction, the complaint shall be
filed in the Regional Office having jurisdiction over
In cases of chartering and affiliation under Rule VI respondent.Where the respondent is a federation,
or compliance with the reporting requirements national union, trade union center or workers
under Rule VII of this Bookeffected directly through association operating in more than one regional
the Regional Office, said office shall transmit the jurisdiction, the complaint shall be filed directly with
original set of documents to the Bureau, retaining the Bureau.
one set of documents for its file, within forty-eight
(48) hours from receipt thereof. Section5. Period of inquiry or examination. - No
complaint for inquiry or examination of the financial
and books of accounts as well as other records of
17
any legitimate labor organization mentioned (b) If the grievance is valid, the shop steward shall
inSection 3 shall be entertained during the sixty immediately bring the complaint to the employee's
(60) day freedom period or within thirty (30) days immediate supervisor. The shop steward, the
immediately preceding the date of election of union employeeand his immediate supervisor shall exert
officials.Any complaint so filed shall likewise be efforts to settle the grievance at their level.
dismissed.
18
encourage voluntary arbitration on all other labor- (c) Professional standing of the voluntary arbitrator;
management disputes.Before or at any stage of
the compulsory arbitration process, the parties may (d) Capacity to pay of the parties; and
opt to submit their dispute to voluntary arbitration.
(e) Fees provided for in the Revised Rules of
Section6. Powers of voluntary arbitrator and panel Court.
of voluntary arbitrators. - The voluntary arbitrator or
Unless the parties agree otherwise, the cost of
panel of voluntary arbitrators shall have the power
voluntary arbitration proceedings and voluntary
to hold hearings, receive evidence and take
arbitrator's fee shall beshared equally by the
whatever action is necessary to resolve the issue/s
parties.
subject of the dispute.
Parties are encouraged to set aside funds to
The voluntary arbitrator or panel of arbitrators may
answer for the cost of voluntary arbitration
conciliate or mediate to aid the parties in reaching
proceedings including voluntary arbitrator's fee. In
a voluntary settlement of the dispute.
the event that said funds are notsufficientto cover
Section7. Procedures. - All parties to the dispute such expenses, an amount by way of subsidy
shall be entitled to attend the arbitration taken out of the Special Voluntary Arbitration Fund
proceedings.The attendance of any third party or may be availed of by either or both parties subject
the exclusion of any witness from the proceedings to the guidelines on voluntary arbitration to be
shall be determined by the voluntary arbitratoror issued by the Secretary
panel of voluntary arbitrators.Hearing may be
adjourned for cause or upon agreement by the
parties.
Section 8. Award/Decision. - The award or decision Section 1.Labor education of workers and
of the voluntary arbitrator or panel of voluntary employers. - The Department shall develop,
arbitrators must state in clear, concise and definite promote and implement appropriatelabor education
terms the facts, the law and/or contract upon which and research programs on the rights and
it is based.It shall be final and executory after ten responsibilities of workers and employers.
(10) calendar days from the receipt of the copy of
the award or decision by the parties. It shall be the duty of every legitimate labor
organization toimplement a labor education
Section9. Execution of Award/Decision. - Upon program for its members on their rights and
motion of any interested party, the voluntary obligations as unionists and as employees.
arbitrator or panel of voluntary arbitrators or the
Labor Arbiter in the region where the movant Section2.Mandatory conduct of seminars. - Subject
resides, in case of the absence or incapacity of the to the provisions of Article 241, it shall be
voluntary arbitrator or panel of voluntary arbitrators mandatory forevery legitimate labor organization
for any reason, may issue a writ of execution toconduct seminars and similar activities on
requiring either the Sheriff of the Commission or existing labor laws, collective agreements,
regular courts or any public official whom the company rules and regulations, and other relevant
parties may designate in the submissionagreement matters.The union seminars and similar activities
to execute the final decision, order or award. may be conducted independently of or in
cooperation with the Departmentand other labor
Section10. Cost of voluntary arbitration and educationinstitutions.
voluntary arbitrator's fee. - The parties to a
collective bargaining agreement shall provide
therein a proportionate sharing scheme on the cost
Section 3. Special fund for labor education and
of voluntary arbitration including the voluntary
research. - Every legitimate labor organization
arbitrator's fee.The fixing of fee
shall, for the above purpose, maintain a special
ofvoluntaryarbitrators or panel of arbitrators
fund for labor education and research.Existing
whether shouldered wholly by the parties or
strike funds may be transformed into labor
subsidized by the Special Voluntary Arbitration
education and research funds in whole or in
Fund, shall take into account the following factors:
part.The union may also periodically assess and
(a) Nature of the case; collect a reasonable amount from its members for
such fund.
(b) Time consumed in hearing the case
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RULEXXII
RULEXXI
In line with the foregoing, the Department shall Section 3. Notice of strike or lockout. - In cases of
render, among others, the following services: bargaining deadlocks, a notice of strike or lockout
shall be filed with the regional branch of the Board
(1) Conduct awareness campaigns;
at least thirty (30) days before the intended date
thereof, a copy of said notice having been served
(2)Assist the partiesin setting up labor-
on the other party concerned.In cases of unfair
management structures, functions and procedures;
labor practice, the period of notice shall be fifteen
(3) Provide process facilitators upon request of the (15) days.However, in case of unfair labor practice
parties; and involving the dismissal from employment of any
union officer duly elected in accordance with the
(4) Monitor the activities of labor-management union constitution and by-laws which may
structures as may be necessary and conduct constitute union-busting where the existence of the
studies on best practices aimed at promoting union is threatened, the fifteen-day cooling-off
harmonious labor-management relations. period shall not apply and the union may take
action immediately after the strike vote is
Section 2. Selection of representatives. - In conducted and the results thereof submitted to the
organized establishments, the workers' appropriateregional branch of the Board.
representatives to the council shall be nominated
by the exclusive bargaining representative.In Section 4. Contents of notice. - The notice shall
establishments where no legitimate labor state, among others, the names and addresses of
organization exists, the workers representative the employer and the union involved, the nature of
shall be elected directly by the employees at large. the industry to which the employer belongs, the
number of union members and of the workers in
the bargaining unit, and such other relevant data
as may facilitate the settlement of the dispute, such
as a brief statement or enumeration of all pending
labor disputes involving the same parties.
.
In cases of bargaining deadlocks, the notice shall,
as far as practicable, further state the unresolved
issues in the bargaining negotiations and be
accompanied by the written proposals of the union,
. the counter-proposals of the employer and the
20
proof of a request for conference to settle the The regional branch of the Board may, at its own
differences.In cases of unfair labor practices, the initiative or upon request of any affected party,
notice shall, as far as practicable, state the acts supervise the conduct of the secret balloting.In
complained of and the efforts taken to resolve the every case, the union or the employer shall furnish
dispute amicably. the regional branch of the Board the notice of
meetings referred to in the preceding paragraph at
Any notice which does not conform with the least twenty-four (24) hours before such meetings
requirements of this and the foregoing sections as well as the results of the voting at least seven
shall be deemed as not having been filed and the (7) days before the intended strike or lockout,
party concerned shall be so informed by the subject to the cooling-off period provided in this
regional branch of the Board. Rule.
Section 5. Disclosure of information. -In collective Section 8. Declaration of strike or lockout. - Should
bargaining, the parties shall, at the request of the dispute remain unsettled after the lapse of the
either of them, make available such up-to-date requisite number of days from the filing of the
financial information on the economic situation of notice of strike or lockout and of the results of the
the undertaking, which is normally submitted to election required in the preceding section, the labor
relevant government agencies, as is material and union may strike or the employer may lock out its
necessary for meaningful negotiations.Where the workers.The regional branch of the Board shall
disclosure of some of this information could be continue mediating and conciliating.
prejudicial to the undertaking, its communication
may be made condition upon a commitment that it Section 9. Improved offer balloting. - In case of a
would be regarded as confidential to the extent strike, the regional branch of the Board shall, at its
required.The information to be made available may own initiative or upon the request of any affected
be agreed upon between the parties to collective party, conduct a referendum by secret balloting on
bargaining. the improved offer oftheemployer on orbefore
the30th day of strike.When at least a majorityof the
Section 6.Conciliation. - Upon receipt of the notice, union members vote to accept the improved offer,
the regional branch of the Board shall exert all the striking workers shall immediately return to
efforts at mediation and conciliation to enable the work and the employer shall thereupon readmit
parties to settle the dispute amicably.The regional them upon the signing of the agreement.
branch of the Board may, upon consultation,
recommend to the parties that the notice be treated In case of a lockout, the regional branch of the
as a preventive mediation case.It shall also Board shall also conduct a referendum by secret
encourage the parties to submit the dispute to balloting on the reduced offer of the union on or
voluntary arbitration. before the 30th day of the lockout.When at least a
majority of the board of directors or trustees or the
During the proceedings, the parties shall not do partners holding the controlling interest in the case
any act which may disrupt or impede the early of partnership vote to accept the reduced offer, the
settlement of the dispute.They are obliged, as part workers shall immediately return to work and the
of their duty to bargain collectively in good faith, to employer shall thereupon readmit them upon the
participate fully and promptly in the conciliation signing of the agreement.
meetings called by the regional branch of the
Board.The regional branch of the Board shall have Section 10. Hiring of replacements. - The mere
the power to issue subpoenas requiring the participation of a worker in a lawful strike shall not
attendance of the parties to the meetings. constitute sufficient ground for termination of his
employment even if a replacement had been hired
Information and statements given at conciliation by the employer during such lawful strike.But any
proceedings shall be treated as privileged union officer who knowingly participates in the
communications.Conciliators and similar officials commission of illegal acts during a strike may be
shall not testify in any court or body regarding any declared to have lost his employment status.
matter taken up at conciliation proceedings
conducted by them.
21
(a) Bring in, introduce or escort, in any manner, just or authorized causes as provided by law, and
any individual who seeks to replace strikers in subject to the requirements of due process.
entering or leaving the premises of a strike area, or
(b) The foregoing shall also apply in cases of
(b) Work in place of the strikers. probationary employment; provided, however, that
in such cases, termination of employment due to
Nothing herein shall be interpreted to prevent failure of the employee to qualify in accordance
aforementioned officials, employees or peace with the standard of the employer made known to
officers from taking any measure necessary to the former at the time of engagement may also be
maintain peace and order and/or protect life and a ground for termination of employment.
property
(c) In cases of project employment or employment
Section 12.Peaceful picketing. -Workers shall have covered by legitimate contracting or subcontracting
the right to peaceful picketing.No person engaged arrangements, no employee shall be dismissed
in picketing shall commit any act of violence, prior to the completion of the project or phase
coercion or intimidation or obstruct the free ingress thereof for which the employee was engaged, or
to or egress from the employer's premises for prior to the expiration of the contract between the
lawful purposes, or obstruct public thoroughfares. principal and contractor, unless the dismissal is for
just or authorized cause subject to the
No person shall obstruct, impede or interfere with,
requirements of due process or prior notice, or is
by force, violence, coercion, threats or intimidation,
brought about by the completion of the phase of
any peaceful picketing by workers during any labor
the project or contract for which the employee was
controversy or in the exercise of the right to self-
engaged.
organization or collective bargaining or shall aid or
abet such obstruction or interference.No employer Section 2.Standards of due process; requirements
shall use or employ any person to commit such of notice. - In all cases of termination of
acts nor shall any person be employed for such employment, the following standards of due
purpose. process shall be substantially observed:
Section 13. Injunctions. -No court or entityshall I.For termination of employment based on just
enjoin any picketing, strike or lockout, except as causes as defined in Article 282 of the Code:
provided in Article 218 and 263 of the Code.
(a)A written notice served on the employee
The Commission shall have the power to issue specifying the ground or grounds for termination,
temporary restraining orders in such cases but only and giving to said employee reasonable
after due notice and hearing and in accordance opportunity within which to explain his side;
with its rules.The reception of evidence for the
application of a writ of injunction may be delegated (b) A hearing or conference during which the
by the Commission to any Labor Arbiter who shall employee concerned, with the assistance of
submit his recommendations to the Commission for counsel if the employee so desires, is given
its consideration and resolution. opportunity to respond to the charge, present his
evidence or rebut the evidence presented against
Any ex parte restraining order issued by the him; and
Commission, or its Chairman or Vice-Chairman
where the Commission is not in session and as (c) A written notice of termination served on the
prescribed by its rules, shall be valid for a period employee indicating that upon due consideration of
not exceeding 20 days. all the circumstances, grounds have been
established to justify his termination.
Section 13. Criminal prosecution. - The regular
courts shall have jurisdiction over any criminal In case of termination, the foregoing notices shall
action under Article 272 of the Code. be served on the employee’s last known address.
22
days before the effectivity of the termination, during the extension if the employer decides, after
specifying the ground or grounds for termination. completion of the hearing, to dismiss the worker.
23
GENERAL PROVISIONS Section 5. Incidental motions will not be given due
course. - In all proceedings at all levels, motions for
Section 1. Penalties. - Any person violating any of dismissals or any other incidental motions shall not
the provisions of Article 264 of the Code shall be be given due course, but shall remain as part of
punished by a fine of not less than one thousand the records for whatever they may be worth when
(P1,000.00) pesos nor more than ten thousand the case is decided on the merits.
(P10,000.00) pesos and/or imprisonment for not
less than three(3) months nor more than three (3) Section 6.Non-intervention of outsiders in labor
years, or both such fine and imprisonment, at the disputes. - No person other than the interested
discretion of the court. Prosecution under this parties, their counsels or representatives may
provision shall preclude prosecution for the same intervene in labor disputes pending before the
act under the Revised Penal Code and vice versa. Regional Office, the Bureau, Labor Arbiters, the
compulsory or voluntary arbitrators, the
Section 2. Frivolous or dilatory appeals. - To Commission, and the Secretary.Any violation of
discourage frivolous or dilatory appeals,the this provision will subject the outsider to the
Secretary,Commission or the Labor Arbiter shall administrative fines and penalties provided for in
impose reasonable penalties, including fines or the Code.
censures upon erring parties.
Section 7. When complaint deemed filed. - A
Section 3. Enforcement of decisions, orders and complaint is deemed filed upon receipt thereof by
awards. - The Secretary and the Chairman of the the appropriate agency which has jurisdiction over
Commission may take any measure under existing the subject matter and over the parties.
laws to ensure compliance with their decisions,
orders and awards and those of Labor Arbiters and Section 8. Check-off from non-members. -
Voluntary Arbitrators, including the imposition of Pursuant to Article 248 (e) of the Code, the
administrative fines which shall not be less than employer shall check-off from non-union members
P500.00 nor more than P10,000.00 against the within a collective bargaining unit the same
erring parties. reasonable fee equivalent to the dues and other
fees normally paid by union members without the
need for individual check-off authorizations.
Section 4.Person guilty of misbehavior. - A person ARTICLE II.All other rules, regulations, issuances,
guilty of misbehavior in the presence of or so near circulars and administrative orders inconsistent
the Secretary,the Chairman or any member of the herewith are hereby superseded.
Commission or any Labor Arbiteras to obstruct or
interrupt the proceedings before the same, ARTICLE III.The foregoing rules shall take effect
including disrespect toward said officials, offensive two weeks after completion of publication in two (2)
personalities toward others, or refusal to be sworn newspapers of national circulation.*
or to answer as a witness or to subscribe an
affidavit or deposition when lawfully required to do Manila, Philippines, 01 May 1997.
so may be summarily adjudged in direct contempt
(SGD.)LEONARDO A. QUISUMBING
by said officials and punished by fines not
exceeding fivehundred pesos (P500.00) or
Secretary
imprisonment not exceeding five (5)days or both, if
it be the Secretary, the Commission or members *These rules were published on 06 June 1997 in
thereof,or a fine not exceeding one hundred pesos Star and Today.The rules take effect on 21 June
(P100.00) or imprisonment not exceeding one (1) 1997.
day, or both, if it be a Labor Arbiter.
24