DAY 3: Labor Organization a.

Definition of a Labor organization

LABAOR ORGANIZATION any union or association of employees in the

private sector which exists in whole or in part for the purpose of: 1. Collective bargaining 2. Mutual aid 3. Interest 4. Cooperation/protection 5. Or other lawful purposes b. Two broad purposes of Labor Organization 1. Collective Bargaining exercised only by a legitimate labor org - Exercised after registration with the DOLE 2. Dealing with employer exercised by Labor organization whether registered or not (LLO/LO) c. The Bargaining Unit: Its meaning and concept

BARGAINING UNIT group of employees sharing mutual interest within a

given employer unit - All or less than all the entire body of employees - any specific occupational or geographical grouping within the employer unit d. Litmus Test and Factors in determining propriety of a bargaining unit 1. Community of interest 2. Will of employees (Globe Doctrine) from Globe case; - People and employees in different department can form a bargaining unit if so desires; depends on the will of the employees 3. Previous collective bargaining history use past/previous collective bargaining group as a pattern 4. Geographical location and employment status based on location/employment status/field of work of the employees e. Exclusive bargaining representative (EBR): Its meaning

EBR Legitimate labor union duly recognized or certified as the sole and
exclusive bargaining representative or agent of all employees in a bargaining unit. f. Methods of determining EBR

Rule:

LO LLO EBR

1. Voluntary recognition discretion of the employer to recognize as EBR when there is one and only Legitimate Labor Organization in the

bargaining unit; he cannot be compelled to take recognition if he is in doubt; can still resort to Certification election 2. Certification election done through the supervision of a Med-Arbiter - Use of secret ballot to know which contending Bargaining unit will be the EBR - To win as EBR: vote must be majority (50% + 1) - if failed run-off election or election by employees (consent election) 3. Runoff-election refers to an election between LLOs with the 2 highest number of votes 4. Consent election done by the employees/members of Bus themselves through a secret ballot even without the supervision of Med-Arbiter g. Organized establishment vs. unorganized establishment Organized establishment - with legitimate labor organization certified as the sole and exclusive bargaining agent. NOTE: What is the reason why some employers want to have an EBR? h. Rights of legitimate labor organization 1. To act as representative of its members for collective bargaining 2. To be certified as EBR of all employees in bargaining unit for collective bargaining 3. To be furnished with annual audited financial statements (upon request) 4. To property (real/personal) 5. To sue and be sued under its registered name 6. To undertake all activities to benefit members and org Income/properties/donations to LLO for their exclusive and direct lawful use tax exempt Right of Union members 1. Political right vote and be voted for 2. Deliberative right and decision making right - Participate in deliberations on major policy issues (decision by secret ballot) 3. Rights over money matters a. Against excessive fees b. Against unauthorized collection of contributions c. - - - unauthorized disbursements d. To require income and expenses records e. To access financial reports f. To vote on officers compensation g. - - - on proposed special assessments h. To be deducted a special assessment only upon written authorization

4. Right to information a. To be informed of orgs consti and by-laws b. ---- about collective bargaining agreement c. ---- about labor laws i. Labor organization vs. legitimate labor organization 1. Requirement for independent registration a. P50 registration fee b. Names of officers/addresses/principal address of LO/minutes of meeting/list of workers who participated c. Fr independent union, at least 20 % of all employees in the bargaining unit where it seeks to operate d. Annual financial reports (if exists for at least 1 year) e. Consti and by-laws of the applicant/list of members who participated/minutes of ratification/adoption 2. Requirements for charter registration 3. Requirements for registration of federation j. k. l. m. Chartered local vs. federation or national union Ways of associating a labor union to a federation Disaffiliation of a labor union from a federation Revocation of a charter by a federation