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RIGHT TO SELF - ORGANIZATION

Altre Infante Urquiola


Belandres Ocumin Zhao
Bernardo Parial Zuniga
Brucal Pua
Bugay Santos, A. 4HR2
David Santos, R.
Ecura Sarmiento
Galon Semeniano
RIGHT TO SELF - ORGANIZATION

 The right of workers and employees to form, join or assist


unions, organizations or associations for purposes of
collective bargaining and negotiation and for mutual aid and
protection
RIGHT TO SELF – ORGANIZATION:
Basis under the constitution

 Art. 243 Employees’ Right to Self-Organization


• All persons employed in a commercial, industrial, and agricultural enterprises
and in religious, charitable, medical, or educational institutions whether
operating for profit or not, shall have the right to self-organization and to
form, join, or assist labor organizations of their own choosing for purposes of
collective bargaining. Ambulant, intermittent and itinerant workers, self-
employed people, rural workers and those without any definite employers
may form labor organizations for their mutual aid and protection.
RIGHT TO SELF – ORGANIZATION:
Related ILO Conventions
 Freedom of Association and Protection of the Right to
Organize Convention, 1948 (No. 87)
 Sets forth the right for workers and employers to establish and join
organizations of their own choosing without previous authorization
 Workers' and employers' organizations shall organize freely and not be liable
to be dissolved or suspended by administrative authority
 They shall have the right to establish and join federations and confederations,
which may in turn affiliate with international organizations of workers and
employers.
RIGHT TO SELF – ORGANIZATION:
Related ILO Conventions
 Right to Organize and Collective Bargaining Convention,
1949 (No. 98)
 Provides that workers shall enjoy adequate protection against acts of anti-
union discrimination
 Workers' and employers' organizations shall enjoy adequate protection
against any acts of interference by each other
 Enshrines the right to collective bargaining
PURPOSE OF FORMING LABOR UNION

 Workers form labor unions as a means to gain bargaining power in


negotiation with the companies or organizations for whom they work.

 Gives them much more bargaining power than a single worker would have
to invoke any change.

 The employee fought for better wages and benefits, improved working
conditions, services to members like job security and safety, and dispute
resolution.
EXECUTIVE ORDER 180 (1987)

 WHO ARE COVERED


 Applies to “government employees”, referring to employees of all branches,
subdivisions, instrumentalities, and agencies of the government, including
government-owned or controlled corporations with original charters from
congress.

 High-level employees doing policy-making, managerial, or confidential


duties are not eligible to join the rank-and-file organization.

 EXCEPTIONS:
 Does not apply to members of the Armed Forces, including police officers,
policemen, firemen and jail guards.
EXECUTIVE ORDER 180 (1987)

 DO GOVERNMENT EMPLOYEES HAVE THE RIGHT TO SELF – ORGANIZATION?

 Yes, According to Section 2 of said Executive Order, “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.”
EXECUTIVE ORDER 180 (1987)

 CAN THE ORGANIZATION OF GOVERNMENT EMPLOYEES NEGOTIATE


THEIR TERMS AND EMPLOYMENT WITH THE GOVT?
 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.
EXECUTIVE ORDER 180 (1987)

 CAN GOVERNMENT EMPLOYEES STAGE A STRIKE?

 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.


RIGHT TO SELF - ORGANIZATION
 WHO ARE ENTITLED UNDER THE LABOR CODE TO EXERCISE THE
RIGHT?
 All persons employed in a commercial, industrial, and agricultural
enterprises and in religious, charitable, medical, or educational
institutions whether operating for profit or not

 Employees of government corporations established under the


Corporation Code shall have the right to organize and to bargain
collectively with their respective employers
GOVERNMENT EMPLOYEES

 ARE THEY ENTITLED TO UNIONIZE?


 Art. 244. Right of employees in the public service.

 Employees of government corporations established under the


Corporation Code shall have the right to organize and to bargain
collectively with their respective employers. All other employees in
the civil service shall have the right to form associations for purposes
not contrary to law. (As amended by Executive Order No. 111,
December 24, 1986)
MANAGERIAL EMPLOYEES

 Art. 245. 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
 Those who, in the interest of the employer, effectively recommend such
managerial actions if the exercise of such authority is not merely
routinary or clerical in nature but requires the use of independent
judgement

 REQUISITES
 Discretionary

 Independent

 Effective
SUPERVISORY EMPLOYEES

 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)
United Pepsi-Cola Supervisory Union (UPSO)
vs. Hon. Bienvenido E. Leguesma
GR No. 122226 | March 25, 1998
 FACTS
 On March 20, 1995 the union filed a petition for certification on behalf of the
route managers of Pepsi-Cola Products Philippines, Inc.
 Petition was denied by the med-arbiter
 Appeal was also denied Secretary of Labor and Employment on the ground
that the route managers are managerial employees and therefore, ineligible
for union membership (Art. 245 of Labor Code)
 Petitioner files a motion for reconsideration, declares that managerial
employees to be ineligible to form, assist or join unions contravenes Article
III, Sec. 8 of the 1987 Constitution
 The right of people, including those employed in the public and private
sectors to form unions, associations, or societies for purposes not contrary
to law shall not be abridged.
United Pepsi-Cola Supervisory Union (UPSO)
vs. Hon. Bienvenido E. Leguesma
GR No. 122226 | March 25, 1998

 ISSUE
 Whether or not Art. 245 of the Labor Code prohibiting managerial employees
from forming, joining assisting labor unions, violates Article III, Sec. 8 of the
Constitution.

 RULING
 There is a rational basis for prohibiting managerial employees from forming
or joining labor organizations. Its because if these managerial employees
would belong to or be affiliated with a union, the latter might not be assured
of their loyalty to the union in view of the evident conflict of interest.
 The union can also become company-dominated with the presence of
managerial employees in union membership.
 Art. 245 did not violate Article III, Sec. 8 of the Constitution
DIFFERENCE OF MANAGERIAL AND SUPERVISORY

 MANAGERIAL
 Not eligible to join, assist, or form any labor organization

 SUPERVISORY
 Not eligible for membership in the collective bargaining unit of rank-
and-file employees but may join, assist, or form separate collective
bargaining units and/ or legitimate labor organizations of their own.
CONFIDENTIAL EMPLOYEES

 Assist or act in a confidential capacity

 Persons who formulate, determine, and effectuate management policies


in the field of labor relations

 Confidential relationship must exist between the employee and his


supervisor, and the supervisor must handle the prescribed
responsibilities relating to labor relations.
CONFIDENTIAL EMPLOYEES

 CAN THEY JOIN UNIONS?


 No. Confidential employees are excluded from the rank-and-file bargaining unit.

 The rationale for their separate category and disqualification to join any labor
organization is similar to the inhibition for managerial employees because if
allowed to be affiliated with a Union, the latter might not be assured of their
loyalty in view of evident conflict of interests

 Having access to confidential information, confidential employees may also


become the source of undue advantage
SHOP STEWARD

 Appointed by the union in a shop, department, or plant

 Serves as representative of the union

 Collects dues

 Solicits new members

 Announces meetings

 Receives, investigates and attempts the adjustment of grievances


ALIENS and LABOR UNIONS
 CAN THEY JOIN LABOR UNIONS?
 Yes, they may join labor unions BUT they cannot form labor unions.

 REQUISITE TO BE ELIGIBLE IN JOINING


 Valid working permit issued by the Department of Labor and Employment (DOLE)

 ADDITIONAL REQUISITES
 Alien employee must be a citizen of a country that has a democratic ties with the
Republic of the Philippines

 Must be a citizen of a country which grants the same or similar right to Filipino workers
as certified by the Department of Foreign Affairs (DFA)
APPROPRIATE BARGAINING UNIT

 A group of employees of a given employer, comprised of all or less than all

of the entire body of employees, which the collective interest of all the

employees, consistent with equity to the employer, indicate to be best

suited to serve the reciprocal rights and duties of the parties under the

collective bargaining provisions of the law. (San Miguel Foods, Inc. vs. San

Miguel Corp. Supervisors and Exempt Union GR 146206)


APPROPRIATE BARGAINING UNIT

 REQUISITES:
a. The will of the employees

b. Affinity and unity of the employees' interest

c. Prior collective bargaining history

d. Similarity of employment status

(San Miguel Corp. v. North Luzon Magnolia Sales Labor Union, GR 100485)
APPROPRIATE BARGAINING UNIT

 EMPLOYER UNIT

 The unit of the employer which negotiates / bargains with the appropriate

bargaining unit of the employees

 It has been the policy of the Bureau of Labor Relations to encourage the

formation of an employer unit unless circumstances otherwise require


APPROPRIATE BARGAINING UNIT

 COMMUNITY OF INTEREST
 Means that the employees in the unit share employment interests in
common

 Similarity of employment interests and absence of seriously conflicting


interests

 A common grievance, interest, or other similarity among a group of people


that justifies treating them as a class for legal purposes
APPROPRIATE BARGAINING UNIT

 IMPORTANCE OF COMMUNITY OF INTEREST

 Community of interest justifies the formation or existence of a separate

appropriate collective bargaining unit [G.R. No. 77395. November 29, 1988]

 The employees sought to be represented by the collective bargaining agent

must have substantial mutual interests in terms of employment and

working conditions as evinced by the type of work they perform


CONFIDENTIAL EMPLOYEES

 CAN THEY BE INCLUDED IN THE RANK AND FILE BARGAINING UNIT?


 Although Article 245 of the Labor Code limits the ineligibility to join, form and
assist any labor organization to managerial employees, jurisprudence has
extended this prohibition to confidential employees or those who by reason
of their positions or nature of work are required to assist or act in a fiduciary
manner to managerial employees and, hence, are with access to sensitive and
highly confidential records.

 Confidential employees are thus excluded from the rank-and-file bargaining


unit.
BARGAINING UNITS
 CAN THERE BE SEVERAL BARGAINING UNITS IN ONE COMPANY?
 Yes. For example, in a school, all teachers may constitute one bargaining unit
and all non-teachers, another. Or geographically, all the rank-and-file
employees in Bataan may be one unit and those in Batangas, another.

 The preference of the law is to consider as one bargaining unit all the
employees in one enterprise, except that rank-and-file employees and
supervisors should constitute separate units.
BARGAINING UNITS
 ONE UNION, ONE COMPANY POLICY

 The proliferation of unions in an employer unit is discouraged based on the

philosophy of unionizing- in unity there is strength.

 Although, within one unit there may be several unions, but only one union

may act as the bargaining representative of the whole unit.

 This policy means that in a company, only one union shall become the E.B.R-

exclusive bargaining representative.


INTERVIEW
MANAGERIAL EMPLOYEES
Why are managerial employees prohibited by law
to form unions vis-à-vis collective bargaining?

 Because managerial employees are pro-administration. Owners of the company


entrusted to the officers of the corporation management and operation of the
business. At the start of their office, they are expected that managers will make
decisions and supervise employees as if they are the owners of the company. If
managers are allowed to join unions for collective bargaining, the decision-
making criteria would be tainted. Benefits of managers differ from that of rank
and files. They are prevented from joining unions.
-- Mr. Ding Salvador, Marketing Manager – Loans Department of Chinabank
Corporation
Why are managerial employees prohibited by law
to form unions vis-à-vis collective bargaining?

 Managers are not allowed to join unions, they refrain from doing so because
they are supposed to represent management and implement directives of
the company even during times when there are CBAs taking place. Managers
are also tasked to mediate between the employees and management.
-- Mrs. Mia Espinosa – Catolico, HR Admin and Facilities Manager at
Diversify Intelligent Staffing Solutions
Do managers have their own
organizations/associations?

 I don’t belong to any. But I believe there are associations for managers as
well.
-- Mr. Ding Salvador, Marketing Manager – Loans Department of
Chinabank Corporation

 Yes. The purpose of some of these groups are to provide support to other
managers, consultation and engage the work force. Members are usually the
managers/heads of the different departments of the company.”
-- Mrs. Mia Espinosa – Catolico, HR Admin and Facilities Manager at
Diversify Intelligent Staffing Solutions
INTERVIEW
RANK AND FILE EMPLOYEES
Why are managerial employees not included or not
allowed to form unions for collective bargaining?

 Managers are pro-management. They make decisions that would contribute


to the company’s betterment, whether it be reducing costs or investing on
manpower. Whether the union members wish to improve their benefits,
managers would as much as possible negotiate with the union to come to a
decision. If managers join unions, then it would just be like defeating the
purpose
-- Mr. Mark Te, Marketing Assistant – Loans Department of
Chinabank Corporation
Why do employees have the right to self -
organization?

 Rank and files would want to improve the benefits, terms of employment in
any organization. We deserve the compensation in general we think we
deserve
-- Mr. Mark Te, Marketing Assistant – Loans Department of Chinabank
Corporation
INTERVIEW
SUPERVISORY EMPLOYEES
Why are supervisory employees not allowed be in
the same union as the rank and files?

 To have a sole and legitimate representation of employees in terms of policy


making and benefits grants of the company
-- Mr. Eillor Ilagan, Labor Relations Officer, Meralco
Why can’t a manager join unions for CBA?

 Because managerial employees are exposed to confidential business


matters / strategies that concern the continuity of the business
-- Mr. Eillor Ilagan, Labor Relations Officer, Meralco

Why do employees have the right to self -


organization?
 It is a constitutional right under Art. 13, Sec. 13

-- Mr. Eillor Ilagan, Labor Relations Officer, Meralco


DULO