Kinds of Employees Independent Union Local Charter

Upon issuance of certificate Limited: Upon issuance of

Managerial Employees of registration charter certificate
Vested with the powers to lay down and execute management
policies and/or hire, transfer, suspend, lay-off, recall, discharge, Full: Upon submission of
assign, or discipline employees additional documents

Supervisory Employees Manuel: Two mode acquiring legal personality: (1) registration; (2)
Effectively recommends managerial actions, if the exercise is not chartering
merely routinary or clerical in nature and requires the use of
independent judgment
Requirements
Rank and File Employees 1. Registration fee
All other kinds of employees 2. Names of officers and their addresses; principal address
of LO; minutes of organizational meeting and the list of
Labor Organization workers who participated
3. If the applicant is an INDEPENDENT UNION, the
Manuel: A labor organization has 2 broad rights: (1) to bargain name of its members which comprise 20% of all the
collectively(right to collective bargaining); and (2) To deal with employees in the bargaining unit
employer concerning terms and conditions of employment or the right 4. If in existence for more than a year, its annual financial
to engage in peaceful and concerted activities reports
5. Four copies of its constitution and by-laws; minutes of
adoption or ratification; list of members who
Labor Organization participated
A union or association of employees which exist, in whole or in
part, for the purpose of collective bargaining with employers
Manuel: If the applicant is a national union or federation it also needs
concerning the terms and conditions of employment. to submit proof of affiliation of at least 10 LLOs, which must be
independent unions and are SEBAs. They cannot be a local chapter
Legitimate Labor Organization because the latter is a branch, and a branch cannot create its parent.
A labor organization that is duly registered with the DOLE.

Manuel: Two types of LLOs: (1) Labor organization; (2) branch or Where to file
local thereof. 1. Regional office – if independent labor union, local
chapter, or worker’s association
2. BLR or Regional Office – federation, national union, or
Union worker’s association operating in more than one
A labor organization in the private sector organized for collective enterprise
bargaining and other legitimate purpose
Affiliate
Independent Union 1. Independent union affiliated with a federation or
A labor organization operating at the enterprise level whose legal national union
personality is derived through an independent action for 2. Chartered local which became independent but did not
registration. disaffiliate its mother federation or national union

Local Chapter Manuel: A chapter cannot disaffiliate because it owes its legal
Created by a duly registered federation or national union through personality to the federation or national union.
the issuance of a charter certificate for purposes of filing a petition
for certification election
Appeal of Denial of Registration
It shall be entitled to other rights and privileges of a legitimate 1. If it is filed with the Regional Office – to the BLR; it
labor organization if it submits the following: shall not be appealable to the SOLE
1. Name of officers, addresses, and principal office 2. If it is filed with the BR – to the SOLE
2. Constitution and by-laws
Manuel: The law favors the creation of local charters because of the
Note: Once it disaffiliates, it loses its legal personality less stringent requirements for its creations as opposed to an
independent union.
Worker’s Association
Organized for mutual aid and protection of the members and for
other legitimate purpose other than collective bargaining
Registration Chartering
Independent Union Chapter or chartered local
Manuel: Based on Hanjin, part of the right to self-organization is the 20% of the bargaining unit No membership requirements
right to determine to organize a labor union or a worker’s association
No legally tied with a Owes its legal personality to a
federation or a national union federation or national union
If it affiliates with a It can disaffiliate with the
Registration federation or national union, federation or national union,
it only becomes part of an provided it first registers as
Purpose organization. It does not an independent union.
It clothes a labor organization with legal personality. become a chapter However, it can remain
affiliated afterwards
 Acquires legal personality Limited personality: issuance Any employee beginning on the 1st of his service shall be eligible
upon issuance of Certificate of charter certificate – file for membership in a labor organization
of Registration PCE Who are ineligible
1. Managerial employees
Full personality: submission 2. Confidential employees
of additional requirements to
DOLE Managerial Employees
They lay down and execute management policies; hire, transfer,
Cancellation of Registration suspend, lay-off, recall, discharge, assign, or discipline employees

Grounds Ratio for ineligibility

1. Misrepresentation, false statement, or fraud in They are alter egos of the employers, hence, there might be conflict
connection with the adoption or ratification of the of interest.
constitution and by-laws or amendment thereof,
minutes of ratification, or the list of members who took Confidential employees
part therein; Assist and act in a confidential capacity or have access to
2. Voluntary dissolution confidential matters of persons who exercise managerial functions
3. Misrepresentation, false statements, or fraud in in the field of labor relations.
connection with the election of officers, minutes of
elections, and the list of voters They are required to assist or act in a fiduciary manner to
managerial employees.
Manuel: The enumeration is exclusive.
Their functions include
1. Assist and act in a confidential capacity
2. Formulate, determine, and effectuate management
Effect of Cancellation on PCE policies in the field of labor relations
It shall not be suspended. However, if it is cancelled during the
pendency of the PCE, the union may continue without need of Ratio for Ineligibility of Confidential Employees
substitution. Doctrine of Necessary Implication
Voluntary Cancellation
1. At least 2/3s of general membership Manuel: The test is whether such employee has necessary access to
confidential labor information and that they are assisting the
2. Application to cancel registration is submitted by the managerial employee in a fiduciary capacity.
Board and attested to by the President

Violation of Rights and Conditions of Membership

Supervisory employees
It is a ground for the cancellation of registration. However, at least
In the interest of the employer, recommend managerial actions if
30% of the members or any member specifically concerned would
the exercise of such is not merely routinary or clerical in nature but
report such violation.
requires independent judgment

Manuel: this is no longer applicable because of the exclusivity of Art.

245 and 247.
Special Rules for Supervisory Employees
1. They may form, assist, and join a labor organization on
Reportorial requirements their own and not with rank-and-file employees
1. Within 30 days from adoption or ratification of its 2. A supervisor’s union and a rank-and-file union
constitution and by-laws, or amendments thereto – the operating within the same establishment can join the
CBL, amendments, minutes of ratification, list of same federation or union
members who participated
2. Within 30 days from election – list of officers, minutes
Manuel: Supervisory employees and rank and file employees can be
of election. List of voters members of the same union. The Labor Code only prohibits that they
3. Within 30 days after the close of every fiscal year – be joined in the same collective bargaining unit. Hence, commingling
AFS is allowed.
4. At least once a year or when required by the Bureau –
list of members
Inclusion in Union of Employees outside of the Bargaining Unit
Note: Failure to comply with reportorial requirements is not a It is not a ground for cancellation of registration; the employees
ground for cancellation. The erringofficers shall only be subjected shall be automatically deemed removed from the list of
to the appropriate penalty. membership

Right to Self-Organization Note: Registration cannot be attacked collaterally.

Extent
Manuel: A union may be created for both rank and file and
1. Form, join, or assist labor organization for collective supervisory employees. When it files a PCE, it could pray for the
bargaining certification election to determine the SEBA of either groups.
2. Engage in concerted activities for the same purpose and
for mutual aid and protection

Who are eligible

 Manuel: Based on Holy Child, one union is allowed to represent 2 2. Those expressly excluded by the CBA
bargaining units. Hence, two certification elections shall be conducted 3. Religious objectors
– one for each bargaining unit.
Interference
Analysis It pertains to interfering with, restraining, or coercing employees to
1. According to Art. 255, there can be commingling of exercise their right to self- organization
supervisory and rank and file employees in the same union. It
only prohibits commingling in the bargaining unit.
2. According to Holy Child, if there is commingling in one union, Determining Interference
it can be the SEBA for either or both groups, provided that it The doctrine of totality of conduct applies
does not bargain together at the same time.
3. A rank and file union and a supervisors union can join the same Yellow Dog condition
federation or national union. As a condition for employment, a person shall not join a labor
organization or shall withdraw from the one he belongs to

Paid negotiation
Violation of the Right to Self-Organization Pay negotiation or attorney’s fess to the union as part of the
settlement of any issue in collective bargaining or other dispute.
In general
Any person who restrain, coerce, discriminate against, or unduly Examples of Violation of Duty to Bargain
interfere with employees and workers in their exercise of the right 1. Surface bargaining – not intent to reach an agreement;
to self-organization. bargaining in bad faith
2. Refusal to make counter-proposal
Unfair Labor Practice by Employer
1. Discrimination for or against union membership Violation of CBA
2. Interference It must be gross – flagrant and malicious refusal to comply with
3. Yellow dog condition the economic provisions of the CBA.
4. Paid negotiation
5. Violation of duty to bargain Hence, if it is non-economic, it shall be considered as a grievable
6. Violation of CBA issue.
7. Discrimination because of testimony
8. Contracting out Contracting out
9. Company unionism Services and functions being performed by union members are
contracted out if it interferes with, restrain, or coerce the right to
Manuel: No criminal prosecution may be instituted without a final self-organization
judgment finding that a ULP was committed in an administrative
proceeding. Company Union
The employer initiates, dominates, assists, or otherwise interferes
with the formation or administration of a labor organization,
Discrimination including giving financial support
With regard to terms and conditions of employment to encourage
or discourage membership. ULP by Labor Organizations
1. Restrain or coerce employees in the exercise of their
Valid Discrimination right to self-organization
If there is a union security clause – stipulation in the CBA 2. Cause or attempt to cause an employer to discriminate
requiring membership in a union as a condition for employment or against an employee with respect to membership in a
retention of labor organization
3. Violation of duty to bargain collectively
Termination by reason of violation of Union Security Clause 4. Cause or attempt to cause an employer to pay or deliver
1. Union security clause is applicable money or its equivalent in the nature of an exaction for
2. Union requests for its enforcement service not performed, including the demand for a fee
3. Sufficient evidence to expel employee for union negotiations
4. Employer must comply with due process requirements 5. Ask or accept negotiation or attorney’s fees as part of
– notice and hearing. settlement of any issue
6. Gross violation of the CBA
Closed Shop Agreement
An employer agrees to hire only members of the contracting union, Collective Bargaining Agreement
who must continue to remain members of good standing to keep
their jobs. Duty to Bargain collectively
Obligation to meet and convene promptly and expeditiously in
Union Shop Agreement good faith for the purpose of negotiating an agreement with respect
Non-members may be hired but to retain employment, they must to terms and conditions of employment and executing a contract
become union members after a certain period of time. incorporating such agreement.
Maintenance of Membership Shop Agreement Neither party shall terminate nor modify such agreement during its
No employee is compelled to join but all present and future lifetime.
members, as a condition of employment, must remain in good
standing in the union Requisites for collective bargaining
1. Possession of majority status
Exceptions to Union security clause 2. Proof of majority status
1. Members of minority union 3. Demand to bargain
 Freedom Period
Negotiation process 60-day period immediately preceding the expiration of the
1. Serve a written notice with a statement of proposals representation period. The appropriate time to file a PCE.
2. A reply must be sent not later than 10 days from receipt
of notice with counter-proposals Substitutionary Doctrine
3. In case of differences, other party may request for a If a new SEBA is elected, the existing CBA continues to bind the
Conference which shall be held not later than 10 days employees until expiration. However, the parties may agree to
from request shorten the same.
4. If not settled, the NCMB may, upon request or motu
propio, require the parties to submit the dispute to a Manuel: Based on SONEDCO, if a CBA was agreed upon during the
voluntary arbitrator pendency of a PCE, it shall only be considered as an interim
5. If not resolved, the parties may resolve thru other legal agreement. If the incumbent SEBA is replaced, the new one can
means negotiate for a new CBA.

Registration of CBA
Original and 2 duplicates verified under oath of Effectivity and Retroactivity
1. The CBA 1. If there is an agreement within 6 months after the date
2. Statement that the CBA was posted in at least 2 of expiry, there is automatic retroactivity to the dat
conspicuous places in the establishment for at least 5 immediately following the date of expiry
days before ratification 2. Otherwise, the parties may agree to the date of
3. Statement that the CBA was ratified by a majority of retroaction
the employees in bargaining unit.
Effect of Registration
Manuel: The period to negotiate is at least 60 days prior to the It is not a requisite for the validity of the CBA. It is only relevant
expiration of the CBA. This is different from the freedom period. (Art. as to the contract bar rule.
264)
Grievance Machinery
1. Interpretation or implementation of the CBA
ULP in bargaining 2. Interpretation or implementation of company personnel
1. Ba faith bargaining; failure or refusal to execute the policies
CBA
2. Evading the mandatory subjects of bargaining Manuel: Only gross violations of the CBA can be considered ULP –
3. Gross violation of the CBA those which flagrantly violate the economic provisions of the CBA.
failure or refusal to meet or convene

Kiok Loy Doctrine Exclusive Bargaining Agent

A CBA proposed by the union may be imposed on the employer
who refused to negotiate. The employers loses his right to Bargaining Unit
negotiate the terms and conditions of the CBA. Hence, the A group of employees sharing mutual interest within a given
proposal of the Union shall be adopted. employer unit, comprised of all or less than all of the entire body
of employees in the employer unit or any specific occupational or
Remedies in case of deadlock geographical grouping within such employer unit
1. Call NCMB to intervene to conduct conciliation
2. Refer the matter for voluntary arbitration or compulsory SEBA Certification
arbitration DOLE recognizes a labor organization as the SEBA. It only applies
3. Declare a strike or lockout for unorganized establishments with only one legitimate labor
organization
Automatic Extension Clause or the Hold-over principle Certification election
The CBA shall remain effective and enforceable after expiration as He process of determining thru secret ballot the SEBA in an
long as no new agreement is reached appropriate bargaining unit for purposes of collective bargaining or
negotiation
The parties must keep the status quo and continue in full force and
effect the existing CBA until anew agreement is reached by the Who can file
parties 1. An LLO, including a national union or federation that
has issued a charter certificate to a local chapter
Terms of a CBA; Duration a. Independent union
1. REPRESENTATION ASPECT – 5 years b. Chapter
2. OTHER PROVISIONS – 3 years after execution c. Federation or national union on behalf of
chapter
Manuel: The representation aspect cannot be fixed by stipulation. It is 2. An employer, if there is a request to bargain
set by law and it cannot be longer or shorter. It is not adjusted by the collectively and there is no CBA
mere extension or renewal of the CBA.
Bars to filing PCE
1. Within 1 year after a valid certification, consent or run-
Manuel: The SEBA does not have a term. The 5-year period pertains off election has been conducted
to the representation aspect of the CBA 2. Commenced and sustained negotiations
3. Bargaining deadlock and is submitted fro arbitration or
conciliation or is a subject of strike
 4. Contract bar rule 2. Winning union received majority of the valid votes cast
(exclude spoiled; include challenged)
Grounds for dismissal of PCE
1. Not listed in the registry of labor unions or its
personality has been revoked or cancelled Run off election
2. Petition is filed outside of freedom period (contract bar 1. First majority is obtained
rule) 2. Total votes for the union is at least 50% of the vote cast
3. Filed within 1 year from entry of valid election 3. Not one of the choices obtained a majority of the votes
(certification bar rule) cast
4. Duly certified union has commenced and sustained 4. No unresolved challenged votes or election protest
negotiations which could materially alter the results
5. Bargaining deadlock submitted for arbitration or 5. The election had at least 3 choices; however, no union
conciliation or is a subject of strike shall not be a choice in the run-off
5. If organized establishment, failure to submit 25% 6. The 2 choices which garnered the highest votes shall
support requirement participate
6. Failure of chapter to submit charter certificate
7. Absence of EER Re-run election
8. Non-appearance of petition for 2 consecutive 1. To break a tie between contending unions
conferences 2. If there is a failure of election declared by the election
officer and/or affirmed by the med-arbiter
Manuel: The 25% requirement need not be strictly complied with. If
submitted, the Med-Arbiter shall automatically order the conduct of Employer as bystander
election. Otherwise, he has to decide based on the merits, and not He is an a party to the PCE and cannot oppose the same. His
necessarily dismissal participation is limited to:
1. Being notified or informed of the filing
2. Submitting the list of employees during pre-election
Forced Intervenor conference
The incumbent bargaining agent shall be automatically be one of Manuel: Under the DO, the employer can file a manifestation of facts
the choices, being a forced intervenor. pertaining to the existence of a contract bar, certification bar, or
deadlock bar. However, under the Labor Code, this is not allowed.
Manuel: If the enterprise is organized, the incumbent SEBA is a
forced intervenor. If it is unorganized, other lab or unions are
considered as intervenors only. They are not forced to intervene. Organized Unorganized
Establishment Establishment
PCE is granted Appeal to SOLE Cannot be
Consent Election appealed; it must
If contending unions agree to the holding of an election. Med- be raised as a
Arbiter shall forward the record to the Regional Director protest
PCE is denied Appeal to SOLE within 10 days from
Manuel: In case of consent election, the parties must agree to the receipt of judgment
holding of such election and it must be conducted with the intervention
of the DOLE to have the same legal implication as a certification
Manuel: When a PCE is granted in an organized establishment, there
election
is no appeal because there is no aggrieved party

Qualification of Voters Note: CONTRA election results, it may be appealed to the SOLE
All employees who are members of the bargaining unit 3 months whether in an organized or unorganized establishment.
prior to the filing of the PCE are eligible to vote.
Strike and Lockouts
Segregated Ballots
If the voter’s list or the voter’s eligibility is challenged; put in a
Concerted activity
segregated and sealed envelope
Undertaken by 2 or more employee or by 1 on behalf of others
Spoiled Ballots
Strike
Torn, defaced, or contains marking that can lead another to identify
Any temporary stoppage of work by concerted action of employees
the voter
as a result of an industrial or labor dispute
1. Labor dispute
Abstention
2. Temporary stoppage of work thru concerted action
Blank or unfilled valid casted by an eligible voter. It shall be
3. The striking group is a legitimate labor organization
considered as a negative vote and shall be considered a valid vote
to determine if there was a valid election
Manuel: A non-union member can participate in a strike. There is no
Failure of Election prohibition. Only a company level LLO can file a notice of strike.
Hence, federations and national unions cannot strike
The number of votes cast is less than the majority of eligible
voters. Within 24 hours, a motion to hold another election can be
filed.
Lockout
Double majority Rule; Valid election Employer’s act of excluding from his plant union members
1. Majority of bargaining unit voted (spoiled included)
Picketing
Marching to an fro the employer’ premises, accompanied by If there is a labor dispute which will likely result to a strike or
placards; an exercise of freedom of speech lockout in an industry indispensable to national interest.
1. Peaceful
2. No act of violence, coercion, or intimidation SOLE may
3. Ingress or egress of the premises are not obstructed 1. Assume jurisdiction and decide
4. Public thoroughfares are not impeded 2. Certify it to the NLRC for compulsory arbitration

Manuel: According to Biflex, the participation in a welga ng bayan can Industries indispensable to national interests
be considered an illegal strike. HOWEVER, this is problematic 1. Hospital sector
because it does not pertain to a labor dispute. 2. Electric power industry
3. Water supply services
4. Air traffic control
Good faith strike 5. Other industries recommended by the National
In good faith, they believed that the employer was committing Tripartite Industrial Peace Council.
ULP.
Grounds for strikes or lockouts Effect of assumption of jurisdiction
1. Bargaining deadlock 1. If a strike has not taken place, the parties are enjoined
2. ULP from any conduct that may lead to a strike
2. If a strike has taken place, they shall immediately return
Who may declare a strike to work within 24 hours
Any certified or duly recognized bargaining representative 3. The parties can submit to voluntary arbitration

In the absence thereof, any legitimate labor organization. Violation of assumption order Termination
by employees
Manuel: An LLO is not prohibited from initiating a strike even if there Violation of assumption order Liable for backwages
is a SEBA. Otherwise, it will be absurd because the minority union will by employer
not have a remedy if it is the victim of ULP. However, under
jurisprudence, the SC held that a minority union cannot strike. Effect of illegal strike
1. Union officer – termination
2. Union member – if he participates in the strike and
Procedure Requisites performs illegal acts, he can be terminated
1. Notice of strike filed with NCMB
a. At least 30 days from intended date if it is Manuel: There can only one instance where there can mass
based on bargaining deadlock termination of employees, regardless of position – violation of an
b. At least 15 days from intended date, if based assumption or certification order
on ULPO
c. The cooling off period is dispensed with if it
is based on union busting Manuel: There can be arbitral awards if the strike is based on
2. Notice of strike – sent at least 24 hours before trike vote deadlock. The SOLE will impose a CBA
3. Strike vote – majority of the members of the union
approved
4. Strike Vote report submitted to the NCMB at least 7
days before the intended date of strike (7-day strike Manuel: When the SOLE assumes jurisdiction, he has plenary powers
to resolve any matter to end the dispute
ban)
Manuel: There is no requirement for the union to determine the date of
strike. Hence, you always count prospectively. During the cooling-off
period there should be conciliation before the NCMB. Conciliation
may extend beyond the cooling-off period and the Union cannot strike
if there are ongoing conciliation conferences, otherwise it is a strike in
bad faith.

Manuel: The Notice of Conduct of Strike Vote can be filed on the

same day with the Notice of Strike but not before. It The notice seeks
to notify the DOLE sot that the latter may decide to supervise or
monitor the conduct of strike vote. However, a DOLE representative is
not mandatory.

You count backwards. However, there is no deadline to conduct it

immediately or even within the cooling-off period

Manuel: For the Notice of Results of Strike Vote, you count

prospectively. The Union is not required to submit the results
immediately. The Notice seeks to give the DOLE an opportunity to
verify the results and for any person to contest the same.

The 7-days strike ban

Assumption of Jurisdiction by SOLE or the President

Manuel: the LA has jurisdiction to determine the validity of a strike.
Hence, if the SOLE or the President does not assume jurisdiction, the
proper petition should be filed with the LA.