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Labor Relations Based on the outline of Professor D.P. Disini, Jr. Part one: Introduction Labor Relations Policy A211 A. a. primacy of collective bargaining and negotiations, including voluntary arbitration, mediation and conciliation, as modes of settling labor or industrial disputes b. Free Trade unionism: instrument for enhancement of democracy and promotion of social justice and development c. Free and Voluntary Organization of a Strong and United Labor Movement d. Enlightenment of workers concerning their rights and obligations as union members and as EEs e. adequate administrative machinery for expeditious settlement of labor or industrial disputes f. stable but dynamic and just industrial peace g. participation of workers in decision and policy-making processes affecting their rights, duties and welfare B. GR: no court or administrative agency shall have the power to set or fix wages, rates of pay, hours of work or other terms and conditions of employment X: otherwise provided by LC[compulsory arbitration, minimum wage fixing, wage distortion dispute] So areas of concern, summary: [211ALC, AXIII, Sec3*] 1) Method of Dispute Settlement 2) Trade Unionism 3) Worker Enlightenment 4) Dispute Settlement 5) Industrial Peace 6) Worker Participation in Decision Making 7) Wage Fixing 8) Tripartism Definitions *take note of means and includes 212e: ER -includes: any person acting in the interest of an employer directly or indirectly -shall not include: any labor organization or any of its officers or agents except when acting as ER 212f: EE -includes: any person in the employ of an employer not limited to EEs of a particular ER, unless LC explicitly states so any individual whose work has ceased as a result of or in connection with >any current labor dispute >any unfair labor practice + has not obtained any other substantially equivalent and regular employment 212g: Labor organization -means any union or association of employees -exists in whole or in part for the purpose of >collective bargaining >dealing with ERs concerning terms and conditions of employment *not limited to 1 ER: emphasis on purpose for which the union is established, not membership Airline Pilots Association of the Philippines v. CIR, 76 SCRA 274 (1977) 212h: Legitimate Labor Organization -means any labor organization -duly registered with DOLE -includes any branch or local thereof (the branch should also be a legitimate labor organization Lopez Sugar Corp v. SOLE, 247 SCRA 1 (1995) 212l: Labor dispute -includes any controversy or matter -concerning >terms and conditions of employment >the association or representation of persons in negotiating fixing maintaining changing or arranging the terms and conditions of employment -regardless of whether the disputants stand in the proximate relation of employer and employee

Part two: Right to Self-organization basis of right 1. Constitution (Art XIII, Sec.3) 2. Statutory: LC 3. Universal declaration of HR 4. ILO convention No. 48 SCOPE A243:All persons employed -in commercial, industrial and agricultural enterprises -in religious, charitable, medical or educational institutions -whether operating for profit or not shall have the right A. to self-organization B. to form, join, or assist labor organizations of their own choosing -for purposes of collective bargaining *those who may form labor organization for their mutual aiid and protection: -ambulant -intermittent -itinerant workers -self-employed people -rural workers -those without any definite employers EXTENT of RIGHT -includes right to refuse/refrain from exercising right to self-organization Reyes v. Trajano, 209 SCRA 484 (1992) -includes right to raise issues to the ERs in behalf of the EEs Union of Supervisors v. SOLE, 109 SCRA 139 (1981) -includes right to disaffiliate Central Negros v. SOLE, 201 SCRA 584 (1991) *Members of Religious Group -they cannot be compelled to join unions Victoriano v. Elizalde Workers Union, 59 SCRA 54 (1974) -they can form their own union in accordance with the right to self-organization Kapatiran sa Meat and Canning Division v. Calleja, 162 SCRA 367 (1988) A244: Government Employees *established under Corporation Code: right to organize and to bargain collectively with their respective employers *all other employees in the civil service: right to form associations for purposes not contrary to law A245: Managerial Employees ~Managerial employees: NOT ELIGIBLE to join, assist or form any labor organization ~~Supervisory employees: NOT ELIGIBLE for membership in a labor organization of rank and file employees; BUT MAY join, assist, or form separate labor organization of their own rank and fie union and the supervisors union operating within the same establishment may join the same federatin or national union (as amended)
~one who is vested with the powers or prerogatives a. to lay down and execute management policies b. to hire, transfer, suspend, lay-off, recall, discharge, assign or discipline EEs ~~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 judgment

A269: Aliens Can only exercise right to self-organization and join or assist labor organizations iff: a. alien holds work permit b. alien is a national of a country which grants the same or similar rights to Filipino workers *NOW: Security guards can exercise right to self-organization. Prohibition removed by EO 111 Workers with NO RIGHT TO SELF-ORGANIZATION 1. Managerial and Confidential Employees Confidential EEs -by necessary implication, ONLY has right to organize for mutual aid and protection -Jurisprudential rules:

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Labor Relations Based on the outline of Professor D.P. Disini, Jr. [1] Deemed confidential EE IF he *acts in a confidential capacity, *assists another individual who formulates, determines, effectuates mgt policies in the field of labor relations, and *has access to information re labor mgt. relations as *an integral part of his job (nature of access + nature of info). [2] If the info relates to non-labor mgt relations, no right to SO. 2. Cooperative members a. if individual also an EE and member of cooperative: Cant exercise right Rural Bank of Davao Case b. if only EE, not a member of cooperative, can exercise right to self-organize *the fact of ownership of the cooperatives (members of cooperatives are co-owners of the cooperative) is the basis of prohibition as the owner cannot bargain with himself Benguet Electric Cooperative v. Calleja, 180 SCRA 740 (1989) *What about stockholders: Corporation vs. Cooperative (Rural Bank of Davao Case): different from cooperative so different rules apply Cooperative Corporation purpose service profit ownership 1 share Many shares 3. Non-employees 4. *EEs outside the bargaining unit: A245-A - EEs outside the bargaining unit who became union members shall be automatically deemed removed from the list of membership of said union should join union in their own bargaining unit? (NOTE: this provision is new. And weird. What about national and federal unions?) Part three: Labor Organization 212g: Labor organization -means any union or association of employees -exists in whole or in part for the purpose of >collective bargaining >dealing with ERs concerning terms and conditions of employment *not limited to 1 ER: emphasis on purpose for which the union is established, not membership Airline Pilots Association of the Philippines v. CIR, 76 SCRA 274 (1977) Legitimate Labor Organization -duly registered with DOLE -includes any branch or local thereof (the branch should also be a legitimate labor organization Lopez Sugar Corp v. SOLE, 247 SCRA 1 (1995) Labor union and Government Regulation A234 Requirements for registration in general -a federation national union industry or trade union center an independent union -shall acquire legal personality and shall be entitled to the rights and privileges granted by law to legitimate labor organizations -WHEN: upon issuance of the certificate of registration -required to be submitted: (a) P50.00 registration fee (b)names of its officers their addresses the principal address of the labor organization the minutes of the organizational meetings the list of the workers who participated in such meetings (c) if applicant: independent union: names of ALL its members comprising at least 20% OF ALL THE EMPLOYEES IN THE BARGAINING UNIT where it seeks to operate (d) if applicant union in existence for 1+ years: copies of annual financial reports (e)4 copies of the constitution and by-laws of the applicant union minutes of its adoption or ratification list of the members who participated in it ~certified under oath by sec/treasurer; attested to by president (A235) A234-A Chartering and Creation of a Local Chapter -duly registered federation/national union may directly create a local chapter by issuing a charter certificate indicating the establishment of the local chapter *rights of Local chapter -legal personality for purposes of filing a petition for Certification Election (CE): from the date it was issued a charter certificate -all other rights and privileges of a legitimate labor organization: upon submission of the following documents: (a) names of the chapters officers their addresses the principal office of the chapter (b) chapters constitution and by-laws; if the same as the constitution and by-laws of the federation/national union, indicate fact accordingly ~certified under oath by sec/treasurer; attested to by president (A235) A237. Additional requirements for Federations/National Unions (aside from those in 234) (a) proof of the affiliation of at least 10 locals/chapters, each of which must be duly recognized collective bargaining agent in the establishment or industry in which it operates, supporting the registration of such applicant federation/national union (b)names and addresses of the companies where the locals or chapters operate and the list of all the members in each company involved Additional Jurisprudence Rules: *Book of accounts not required to be submitted anymore since protection of labor can be achieved through the reportorial requirements in LC Pagpalain Haulers v. Trajano, 310 SCRA 354 (1999) *By-laws of the union not needed to be submitted if it is part of the unions constitution SMC v. Mandaue, 467 SCRA 107 (2005) *Registration is merely a condition sine quo non for 1. the acquisition of legal personality 2. possession of rights and privileges not guaranteed by the constitution or by statutory creations PAFLU v. SOLE, 27 SCRA 40 (1969) Action or Denial of Application and Remedy A235: Bureau shall act on application for registration within 30 days from filing -All requisite documents and papers shall be certified under oath by the secretary or the treasurer and attested by the president. A236: appeal denial within 10 days from receipt of notice Rights of legitimate labor organization A242 (a) act as representative of its members for CB (b) certified as exclusive representative of ALL EEs in an appropriate bargaining unit (ABU) for purposes of CB (c) to be furnished by ER upon written request with annual audited financial statements (after being certified as duly recognized bargaining representative or w/n 60 calendar days before expiration of CBA or during CB negotiations (d) own property for labor org and members (e) sue and be sued (f) undertake all other activities designed to benefit the org and its mems Effect of nonregistration: Cannot avail of A242 rights Cancellation of Union Certificate Registration A238: may be cancelled by the Bureau, -after due hearing -only on A239 grounds A238-A: Effect of a Petition for Canellation of Registration -shall not suspend the proceedings for Certification Election -shall not prevent the filing of a petition for CE A239: Grounds for cancellation of Union Registration (NOW ONLY 3): (a) misrepresentation, false statement or fraud (MFF) in connection with the adoption or ratification of the constitution and by-laws or amendments thereto, the minutes of ratification and the list of members who took part in the ratification (b) MFF in connection with elections of officers, minutes of the election of officers, and the list of voters (c) Voluntary dissolution by the members A239-A: Voluntary Cancellation -cancelled by LO itself -at least 2/3 of its general membership votes in a meeting duly called for that purpose to dissolve the organization -application to cancel submitted by the board of the LO, attested by president Union-member relations Nature of relationship: fiduciary in nature, arises out of (1) degree of dependence of the individual EE on the unin (2) comprehensive power vested in the union with respect to the individual

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Labor Relations Based on the outline of Professor D.P. Disini, Jr. *Union is the agent of its members Heirs of Cruz v. CIR, 30 SCRA 917 (1969) *Issues: A. Admission and Discipline of Members -union can set rules and regulations for Union membership (A249a) -an EE is entitled to union membership regardless of status, from day 1 (A277c) B. Retention of Membership C. Discipline -rooted on self-preservation Villar v. Inciong, 121 SCRA 444 (1983) D. Due Process Rules - a member of a labor union may be expelled only for valid causes and by following the procedure outlined in the LOs constitution and by laws Bugnay v. Kapisanan ng mga Manggagawa sa MRR, 4 SCRA E. Election Officers A241(c) -by secret ballot -at intervals of 5 years -no qualification requirements for candidacy to any position other than good standing in the subject LO -SOLE provided with a list of newly-elected officers within 30 calendar days after the election of officers or from the occurrence of any change in the list of officers Jurisprudential Rules: -only members of the LO are qualified to vote, except as otherwise provided by Consti and by-laws UST Faculty Union v. Bitonio, 318 SCRA 185 (1999) -previous misconduct of candidates is not a ground for disqualification of as an officer Manalad v. Trajano, 174 SCRA 322 (1989) F. Major Policy Matter A241d -by secret ballot -after due deliberation -any question of major policy affecting the entire membership of the organization -unless the nature of the organization or force majeure renders such secret ballot impractical: board of directors may make the decision in behalf of the general membership G. Union Funds, Source of payment A241 b: members entitled to full and detailed reports of all financial transactions g. no collection of any fees, dues or other contributions or make any disbursements unless duly authorized h. payment of fees, dues or other contributions evidenced by receipt i. disbursement of funds: purpose or object expressly provided by consti and by-laws expressly authorized by written resolution adopted by the majority of the members at a general meeting duly called for the purpose j. record of financial records l. treasurer of any labor organization and every officer responsible for the account of such organization shall render to the organization and to its members a true and correct account of all moneys received m. book of accounts and other records of the financial activities open to inspection n. LEVY: no special assessment or other extraordinary fees may be levied upon the members of a LO unless authorized by a written resolution of a majority of all the members in a general membership meeting duly called for the purpose secretary of the LO record the minutes of the meeting president attest the record o. CHECK-OFF: other than for mandatory activities under LC: no special assessment, attorneys fees, negotiation fees or any other extraordinary fees may be checked-off from any amount due to an EE *requirements for it to be allowed -an individual written authorization duly signed by the employee -authorization should specifically state the amount purpose beneficiary of deduction *Re Attorneys fees: distinguish between extraordinary fees in A241 and attys fees in A222 A222 speaks of attys fees re disputes A241 speaks of special assessments and extraordinary expenses; this can be processed thru check off *ABS-CBN case: when attys fees effected through forced contributions from the workers own funds, and not from unions funds, it is prohibited unless it has complied with the requirements in LC no shortcuts Part four: Union Security 248 (e) ULP ERs Nothing in LC or in any other law shall stop the parties from requiring membership in a recognized CB Agent as a condition for employment, except -EEs who are already members of another union at the time of the signing of the CBA Closed-shop: an enterprise in which by agreement between the ER and EE, no person may be employed in any or certain agreed departments unless he/she is, becomes, and for the duration of the agreement, remains a member in good standing of a union entirely comprised of or of which the EE in interest are apart (Rothenberg) *for there to be a closed-shop agreement (CSA) in the CBA, the membership in the union should be a requirement for continuing employment in the company Coverage: a. persons to be hired b. EEs who are not yet members of any LO Rationale: -promote unionism -encourage workers to join and support the union of choice in the protection of their rights and interest against ER Implementation of the CSA -ER bound to exercise caution in dismissing EEs based on CSA; should inquire into the lawfulness of the dismissal Financial Security A248e -EEs of an appropriate bargaining unit who are not members of the recognized CB agent may be assessed a reasonable fee equivalent ot the dues and other fees paid by members of the recognized CB agent, if such non-union members accept the benefits under the CBA Types CLOSED SHOP UNION SHOP MAINTENANCE Access to labor market Membership required, only hire members Open no membership requirement Free access Post employment Retain membership Termination Could terminate if not member provided due process observed

If join union, maintain membership

Part Five: Appropriate Bargaining Unit Rothenberg Definition: 1. composition: all or less than all the EEs of a particular ER 2. ERs equity must be considered (administration of CBA) 3. group EEs in their mutual and common interest: wages, hours of work, other terms and conditions of employment -best assure workers their reciprocal rights in accordance with law -best assure workers of exercise of right -maximum exercise of rights granted by law Factors to determine ABU *Standard test: Community or mutuality of interest: basic test of an asserted bargaining units acceptability is WON it is fundamentally the combination which will best assure to all EEs the exercise of their collective bargaining rights UP v. FerrerCalleja, 211 SCRA 452 (1992) *factors considered in Democratic Labor Association v. Cebu Stevedoring Co. Inc. (103 Phil 1103 [1958]): (1) will of employees (Glove Doctrine); (2) affinity and unity of employee's interest, such as substantial similarity of work and duties or similarity of compensation and working conditions; (3) prior collective bargaining history; and (4) employment status, such as temporary, seasonal and probationary employees". *Geography: when diff kinds of works, problems and interests of EEs are peculiar in each camp or department Benguet Consolidated v. Bobok Lumberjack Assn., 103 Phil 1150 (1958) On Corporate Entitles

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Labor Relations Based on the outline of Professor D.P. Disini, Jr. Gen. Rule: Dayotogan and Interphil Corporate fiction, treated as distinct corporations even if theres common ownership. Exception: Philippine Scouts Veterans case If theres pervasive commonality, piercing the corporate veil is justified. Unit Severance/Globe Doctrine (from BarOps reviewer)] It is best explained in the context of a market place and the demand of employment on such market place. The GLOBE DOCTRINE usually applies to employees with rare skills or highly technical ones. Example given: Case of Pilots and Stewardess. If ,originally, pilots and stewardesses belong to ONE bargaining unit (unit A) for the purpose of collective bargaining, with the use of the GLOBE DOCTRINE a plebiscite can be held to determine if the pilot employees would want to form a separate bargaining unit (unit B). Illustration: Unit A (original bargaining unit) : 100 Pilots + 200 Stewardesses = 300 employees Unit B (proposed new unit): Pilots = 100 employees. Those in unit B (100 pilots) will vote in a plebiscite. Their choices will be (1) To vote for Unit A: this would mean that they do not wish to separate from the original bargaining unit. (2) To vote for Unit B: This would mean that they would want to form their OWN bargaining unit, composed of pilots only. (3) Neither: They do not want the choices If you have one BIG bargaining unit, most probably you are grouping together DIFFERENT SKILLED workers. Rationale of the Globe Doctrine: highly skilled workers have to separate to increase their market value. Under the Globe Doctrine, will of the employees is the determinative factor. *Effect of prior agreement: A prior agreement on the composition of a bargaining unit is not binding. Appropriateness of bargaining unit composition may change. DLSU v. DLSU Employees Assn, 330 SCRA 363 (2000) Part Six: Union Representation: Establishing Union Majority Status Precondition: EER -absent EER, theres no duty to bargain; absent duty to bargain, no need to conduct CE Purpose: -determine will of workers on crucial question of who shall represent them in their negotiations with the management and for a CBA that will best project and promote their interest Port Workers Union of the Philippines v. Laguesma, 207 SCRA 329 (1992) -Reyes v. Trajano: to ascertain wishes of the majority of EEs in ABU to be represented or not if to be represented, by whom Methods of Establishing Majority Status *Certification election vs. Consent Election Warren Manufacturing Workers Union v. BLR, 159 SCRA 387 (1988) CE ConE Ordered Agreed upon by the parties Determines sole and exclusive Determines the issue of majority bargaining agent or representative for CB representation of all the workers in the appropriate CBU *separate and distinct process; has nothing to do with the import and effect of a CE *Run-off election: -when CE provides 3+ choces -no choice receives majority of the valid votes cast -conducted between the 2 LO receiving the highest number of votes, total number of votes for all contending unions is at least 50% of the number of votes cast *Voluntary Recognition -process of determining, through secret ballot the sole and exclusive representative of the employees in an ABU for purposes of CB + reported with the Regional office + Only 1 legitimate LO in establishment Before VR recognized: -no direct certification -statutory policy that cannot be circumvented -law is partial to CE: most democratic and efficient means to determine will of EE Now: with DO no. 40-03: VR bar to CE within 1 year (so for 1 year, ER compelled to recognize a LO that may not represent the majority opinion in the establishment) *No direct certification by ER of a LO as the EBR Colgate Palmolive v. Ople, 163 SCRA 323 (1988) Process: Filing a PCE I. The UNION as initiating party A. Organized Establishment A256. -Verified petition questioning majority status of incumbent bargaining agent (PCE) [a formal requisite; even if lacking, court may dispense with the requirement in the interest of justice National Mines and Allied Workers Union v. SOLE, 227 SCRA 821 (1993)] -filed by any LEGITIMATE LO including .a national union or federation which has already issued a charter certificate to its local chapter participating in the CE a local chapter which has been issued a charter certificate by the national union or federation [acquires legal personality to file a PCE from the date it was issued a charter certificate A234-A] -VENUE: before the DOLE [since the worker is the disadvantaged party, the LO may file PCE in the nearest DOLE office not necessarily the regional office Cruz Valle Inc. v. Laguesma, 238 SCRA 389 (1994; DO 40-03 requires that PCE be filed with the Regional Office which issued the petitioning LOs certificate of registration)] -within 60-day period before the expiration of the CBA (during the freedom period) -Med-Arbiter shall automatically order an election by secret ballot when the verified petition is supported by the written consent of at least 25% of al the employees in the bargaining unit to ascertain the will of the employees in the appropriate bargaining unit. [substantial support may be submitted within a reasonable period from filing PCE Port Workers Union of the Philippines v. DOLE, 207 SCRA 329 (1992); even if some of the EEs withdrew their written consent, if the 25% requirement is still complied with, there is still substantial support Tagaytay Highlands v. Tagaytay Highlands Union, 395 SCRA 699 (2003); If LO did not reach the 25% support requirement, BLR can exercise discretion to determine WON CE must be conducted Scout Albano Memorial College v. Noriel, ] -VALID ELECTION: at least a majority of all eligible voters in the unit must have cast their votes -TO WIN AS THE Exclusive Bargaining Agent/Rep (EBA/EBR): majority of the valid votes cast certified -Run-off election if no choice received the majority: top 2 Los (should have received a total of 50% of the votes cast when combined) -In cases where the petition was filed by a national union or federation, it shall not be required to disclose the names of the local chapters officers and members -At the expiration of the freedom period + no PCE filed incumbent BA should still be recognized with majority status B. Unorganized Establishment A257 -establishment where there is no certified bargaining agent -CE automatically conducted by Med-Arbiter upon filing of a PCE by any Legitimate LO including a national union or federation which has already issued a charter certificate to the local/chapter participating in the CE or a local/chapter which has been issued a charter certificate by the national union or federation Organized vs. Unorganized A256 establishment Organized (has existing BA) PCE When to file Verified petition Can only file PCE within the 60day freedom period QUESTION: what if 60-day period expired then no PCE filed. When can the PCE be filed? Forever na ung incumbent BA? With substantial support of 25% of all employees in the ABU A257 Unorganized (no existing BA) No verification needed Anytime

Substantial support

No substantial support needed

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Labor Relations Based on the outline of Professor D.P. Disini, Jr. II. ER as the initiating party A258 -ER requested to bargain collectively -ER may file PCE with BLR -if NO EXISTING CBA, BLR order a CE after hearing (NOTE: Not automatically) -Certification cases decided within 20 working days -BLR shall conduct a CE within 20 days in accordance with IRR Role of ER: a bystander (A258-A) -ER always not considered a party to the CE (cannot oppose a PCE) -participation limited to: (1) being notified or informed of PCE (2) submitting a list of employees during the pre-election conference should the MedArbiter act favorably on the petition Process: CE Procedure Nature: Young Men Labor Union Stevedores v. CIR, 13 SCRA 285 (1965) -Investigatory in nature -Object: not the decision of any alleged commission of wrong nor asserted deprivation of right BUT is merely a determination of proper bargaining units and the ascertainment of the will and choice of EEs in selection of BR. -doesnt entail entry of remedial orders/redress of rights BUT culmination solely in an official designation of bargaining units and an affirmation of EEs expressed choice of BA. Procedure: DO 40-03 Who may file (sec1) Where to file (sec2) When to file (sec3) any legitimate LO ER, if requested to bargain collectively (Regional Office order CE if no existing certified CBA) -in the Regional Office which issued the petitioning LOs certificate of registration/of chartered local -if many PCE + filed in different regional office, consolidate in office where first PCE was filed GR: anytime X (when cannot file): 1. when a fact of voluntary recognition has been entered or a valid certification/consent/run-off election conducted 1 year bar (appeal filed from order of Med-Arbiter certifying the CE results, running of 1 year period suspended until decision on appeal final and executory) 2. when the duly certified union has commenced and sustained negotiations in GF with the ER in accordance with A250-1 year bar 3. when a bargaining deadlock to which an incumbent or certified bargaining agent is a party had been submitted to concillation or arbitration or had become the subject of a valid notice of strike or lockout 4. when a CBA bet ER and duly recognized or certified BA has been registered: can only file PCE within 60 days prior to expiration of the CBA 1. 2. *Requirements in order that a protest filed would prosper ( Philippine Fruit and Vegetables Industries v. Torres, 211 SCRA 95 (1992): 1. protest filed with the representation officer and made of record in the minutes of the proceedings before the close of election proceedings, 2. the protest must be formalized before the Med-Arbiter within 5 days after the close of the election proceedings. *the LO receiving the majority of the valid votes cast shall be certified as the EBA of all workers in the unit for purpose of CB. BUT an individual EE or group of EE still have the right to present grievances to ER. (A255) Bars to CE [1] Contract Bar Rule (A232) CBA valid and contract complete (incorporates all that is needed) If contract is incomplete, it can be completed to invoke the contract-bar rule If CBA expired, still continuing in force and effect UNTIL new CBA shall have been validly executed If CBA registered, bar [2] 1 yr bar rule from the time elections results were certified a. voluntary recognition b. certification elections c. consent election d. run-off elections [3] deadlock bar rule 2 reqts: *there was effort to bargain but it failed, and, *that such deadlock had already been submitted for conciliation or arbitration Suspension Rule: refers to prejudicial question/ -the conduct of CE may be suspended upon a petition of a LO which filed a ULP against ER based on A248(d) company union -basis: to level the playing field, remove undue advantage of the company union in the CE -status of the alleged company union must first be cleared before CE could take place or else may lead to selectin of an ER-dominated union as EEs EBA United CMC Textile Workers Union v. BLR, 128 SCRA 316 (1984) -THE ONLY PARTY WHO COULD ASK FOR SUSPENSION OF THE CE IS THE LO WHICH FILED A COMPLAINT FOR ULP AGAINST THE ER! Part Seven: CB: Processes, Procedures, and Issues General Concepts -CB is designed to stabilize the relation between labor and management and to create a climate of sound and stable industrial peace. It is a mutual responsibility of the ER and Union and is characterized as a legal obligation Kiok Loy v. NLRC, 142 SCRA 179 (1986) -companys refusal to make counter-proposals to the unions proposal is an indication of its BF. Where the ER did not even bother to answer to the bargaining proposal, there is a clear evasion of duty to bargain Kiok Loy v. NLRC (1986, supra) -the right to free CB includes the right to suspend it Rivera v. Espiritu, 374 SCRA 352 (2001) Bargaining Procedure 1. Private Procedure A251: agreement or other voluntary arrangement providing for a more expeditious manner of collective bargaining vs. LC 2. LC Procedure A251: if not private procedure, LC applies A250: Procedure a. WRITTEN notice of desire to negotiate an agreement + statement of proposals reply within 10 calendar days from receipt of notice [noncompliance with reply period is merely procedural, not a ground for ULP PROVIDED the other party DID REPLY National Union of Restaurant Workers v. CIR,10 SCRA 843 (1964)] b. DIFFERENCES: either party request for CONFERENCE (begun not later than 10 calendar days from date of request) c. If DISPUTE NOT SETTLED in the conference: Board shall intervene *upon request of EITHER or BOTH PARTIES or *at its own initiative and then Board shall immediately call CONCILIATORY MEETINGS -Board has power to subpoena -Parties has DUTY TO PARTICIPATE FULY & PROMPTLY in the meetings d. DURING CONCILIATORY MEETINGS: parties prohibited from doing any act which may disrupt or impede early settlement of disputes

Candidates for CE *incumbent BA automatically one of the choices in the CE (Sec7, DO 40-03) *A petition for cancellation of union registration shall not suspend the proceeding for CE nor shall it prevent the filing of a PCE (A238-A) Voters List *Company payroll may be used as basis for determining who are qualified to vote Acoje Workers Union v. National Mines & Allied Workers Union, 7 SCRA 730 (1963) *Only the EEs themselves, being the real parties in interest, may question their removal from the voters list Notre Dame v. Laguesma, 433 SCRA 225 (2004) *All the employees in the ABU should be entitled to vote *failure to participate in the previous CEs is not a bar to the right to participate in future elections Reyes v. Trajano, 209 SCRA 484 (1992 Others *posting of notice of CE required, but may be waived Jiescor Independent Union v. Torres, 221 SCRA 699 (1993) *election should be conducted on a regular working day within the ERs premises (regardless if theres a strike) Asian Design and Manufacturing v. Calleja, 174 SCRA 477 (1989)

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Labor Relations Based on the outline of Professor D.P. Disini, Jr. e. Board exert all efforts to settle amicably -should include grievance procedure (A260): should include provisions that would ensure the mutual observance of its terms and conditions. Should establish a machinery for the adjustment and resolution of grievances arising >from the interpretation or implementation of the CBA >arising from the interpretation or enforcement of company personnel policies Registration requirements (A231) 1. submit copies of CBA directly to BLR or the DOLE regional offices within 30 days from execution 2. submit verified proofs of posting in 2 conspicuous places in the place of work 3. submit verified proof of ratification by the majority of all the workers in the bargaining unit 4. ER pay the registration fee of not less than P1k Contract Beneficiaries -A255: all employees in the ABU -even non-members (of the EBA) are entitled to the benefits of the CBA or else it would amount to ULP of undue discrimination New Pacific Timber and Supply Co v. NLRC, 328 SCRA 404 CBA and Transfers -Manlimos v. NLRC, 242 SCRA 145 (1995) : if transfer of ownership done in GF, the transferee is under no legal duty to absorb the transferors EEs as there is no law compelling such absorption. ...However, transferee liable for ULP if: 1. liability assumed by transferee under contract making the transfer 2. liability arises because of transferees participation in ULP (transferee as ER) CBA and Disaffiliation -even if EBA/EBR changes, the CBA continues to bind the parties up to the expiration date. The new EBA/EBR takes the place of the older one. Eliso-Elirol Labor Union v. Noriel, 80 SCRA 682(1977) Effect of Expiration A253: it shall be the duty of both parties (ER and EBA) to keep the status quo and to continue in full force and effect the terms and conditions of the existing agreement during the 60-day period and/or until a new agreement is reached by the parties Part Eight: ULP Definition 212k: any unfair labor practice as expressly defined by LC 247: violate the constitutional right of workers and employees to self-organization and collective bargaining -inimical to the legitimate interests of both labor and management -violations of civil rights of both labor and management -also criminal offenses against the State, subject to prosecution and punishment 248: ER IRC (interfere, restrain, coerce) 249: Union RC (restrain, coerce) Requisite Relationship (Phelp-Dodge Co vs. NLRB) GR: in order for ULP to exist, there must be EER X: discrimination in hiring by union affiliation Construction LC leaves the court the work of applying the laws general prohibitory language in the light of infinite combination of events which may be charged as violative of its terms HSBC Employee Union v. NLRC, 281 SCRA 509 (1997) Acts violating right to self-organization 1. IRC 2. non-union membership or withdrawal from membership as condition of employment 3. Contracting out to discourage unionism 4. company dominated union 5. discrimination to encourage or discourage unionism 6. Retaliation Testimony against ER 7. Exaction Featherbedding: cause or attempt to cause an ER to discriminate against an EE

Duty to Bargain A252: -performance of a mutual obligation -to meet and convene promptly and expeditiously in GF -for the purpose of negotiating an agreement with respect to wages hours of work and all other terms and conditions of employment including >proposals for adjusting any grievances >questions arising under such agreement -and executing a contract incorporating such agreements -if requested by either party -BUT such duty does not compel any party to agree to a proposal or to make any concessions *ER has duty to bargain if Union has done the following (Kiok Loy): 1. status of majority representative of EEs established 2. Proof of being a majority representative presented 3. demand to bargain * Where a proposal raised by a contracting party does not find print in the CBA, it is not part thereof and the proponent has NO claim whatsoever to its implementation Samahang Manggagawa sa Top Form v. NLRC, 295 SCRA 171 (1998) *suspension of CB negotiations(Collegio de San Juan de Letran v. Assn. of Employees, 340 SCRA 587 (2000): 1. existence of a valid PCE raising a legitimate representation issue 2. PCE filed within the 60-day freedom period Bargainable issues A252: 1. wages 2. hours of work 3. conditions of employment including a. proposals for adjusting any grievances b. questions arising under such agreement Mandatory vs. Permissive MANDATORY Consists of Refusal to bargain impasse A252 ULP on part of refusing party Can use economic weapons PERMISSIVE Other issues which have nexus with the nature of work No ULP Cannot use economic weapons

CBA Definition -a contract executed upon request of either the ER or the EBR/EBA incorporating the agreement reached after the negotiations with respect to wages, hours of work, and conditions of employment -a contract in personam, not in rem -a sub-standard CBA is not a ground for cancellation of Union registration with the amended A239 -a CBA hastily concluded despite order from Med-Arbiter enjoining ER and Union from doing so was concluded in BF not a valid CBA ALU v. Calleja, 173 SCRA 179 (1989) Contents and duration: A253-A 1. Representation Aspect: in force for 5 years -no PCE entertained, no CE conducted outside the 60-day period immediately before the date of expiry of 5-year term 2. Economic Aspect: can be renegotiated not later than 3 years after execution -agreements entered within 6 months from the date of expiry of 3-year term shall retroact to the day immediately following such date *if agreement entered beyond 6 months (after expiry date), parties shall agree on the duration of retroactivity thereof *IF deadlock in negotiations, parties may exercise rights under LC

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Labor Relations Based on the outline of Professor D.P. Disini, Jr. Other Acts under IRC 1. Interrogation -subjection by the ER of its EEs to a series of questioning regarding their membership in the union or the union activities, in such a way as to hamper the exercise of free choice on their part 2. Polling 3. Speech: totality of conduct doctrine -evaluate the remarks on the basis of their IMPLICIT IMPLICATIONS, but appraise against the background of and in conjunction with collateral circumstances -expressions, though innocent in themselves, were culpable because uttered: under circumstances history of labor relations connection with established collateral plan of coercion or interference 4. Espionage -espionage of ER of union activities, or surveillance thereof 5. Economic Coercion and Inducement: test of WON ER interfered with and coerced EEs: -WON ER has engaged in conduct which it may reasonably be said tends to interfere with the free exercise of EEs rights -not necessary that there be direct evidence that any EE was in fact intimidated or coerced by statement or threats of ER if there is a reasonable inference that antiunion conduct of the ER does have an adverse effect on self-organization and CB 6. Union Solicitation and Distribution of Literature and Materials: Access test GR: ER can impose limitations on exercise of union activities re: information dissemination within its property to preserve it X: When the inaccessibility of EEs makes ineffective the reasonable attempts by nonEEs to communicate with EEs through usual channels, the right of ER to exclude from its property must yield to the extent needed to permit communication and information on the right to organize 7. Discrimination -if discriminatory, striked down -no discrimination when: a.EEs not similarly situated (e.g. not covered by CBA) b. its within the prerogative of the management to regulate all aspects of employment c. GF exercise + without ulterior motive 8. Run-Away Shop -ER moves to another location or temporarily closes down business for anti-union purposes ULP and Right to CB 1. Violate right to bargain Kiok loy: should reply to proposals promptly and expeditiously in GF Standard Charter v. NLRC: where the employer refused to bargain with the labor union, allegedly because the union was proposing blue sky proposals said to be outrageous, unrealistic and outlandish, the court held that the company cannot refuse to bargain without any proof that the proposals of the union were indeed unrealistic. 2. Negotiation or Attorneys Fees to settle issue in CBA or disputes A248h: ER pays A249e: Union asks for or accepts it 3. Violation of CBA only a ULP if gross (flagrant and/or malicious refusal to comply with the economic provisions of CBA) [A261] Test WON ULP: [a] Was there a reasonable tendency to succeed? [b] Did anti-union bias contribute to his decision? (mixed-motive test) Enforcement, Remedies Sanctions Against whom ULP Committed A248: against EE or Union A249: against ER Parties Liable A248: officers and agents of corporations, associations or partnerships who have actually participated in, authorized or ratified ULP A249: officers, members of governing boards, representatives or agents or members of labor associations or organizations who have actually participated in, authorized or ratified ULP Prosecution and Prescriptive Period 1. Civil Aspect A257:may include claims for ..Actual Moral Exemplary other form of damages Attys fees other affirmative relief -jurisdiction of Labor Arbiter: resolve within 30 calendar days from time submitted for decision A290: filed within 1 year from accrual of such ULP, otherwise forever barred 2 Criminal Aspect -criminal prosecution of the ULP can only be instituted when FINAL JUDGMENT finding that an ULP was committed has been obtained -pendency of ULP case before Labor Arbiter interrupts running of period of prescription of the criminal offense -final judgment in administrative proceedings shall not be binding in the criminal cases not be considered as evidence of guilt ULP and Compromise GR: ULP cannot be subject to compromise, contrary to public policy X: when compromise entered to avoid protracted litigation, voluntarily entered, reasonable - AND forged under the authority of the SOLE in a compulsory arbitration proceedings, with representatives from the Union and the ER Reformist Union of RB Liner v. NLRC, 266 SCRA 713 (1997) Part nine: Concerted Activities Basis of the right 1. Constitution (AXIII.3) peaceful and concerted activities, including the RIGHT TO STRIKE, IN ACCORDANCE WITH LAW why IN ACCORDANCE WITH LAW: the law does not look with favor upon strikes and lockouts because of their DISTURBING AND PERNICIOUS EFFECTS upon social order and public interest Luzon Marine Dept. Union v. Roldan, 86 Phil 507 (1950) 2. Statutory (A263b) -workers shall have the right to engage in concerted activities for purposes of collective bargaining or for their mutual benefit and protection -the right of a legitimate LO to strike and picket and of ERs to lockout, consistent with national interest, shall continue to be recognized and respected -NO labor union may strike, NO ER may declare a lockout on grounds involving inter-union and intra-union disputes 3. International Covenant on Economic, Social and Cultural Rights (Art8d) Strike Activity Definition Strike (A212o) any temporary stoppage of work by concerted action of EEs as a result of an industrial or labor dispute -includes economic slowdown and strike on installments San Miguel Case Lockout (212p) -any temporary refusal of an ER to furnish work as a result of an industrial or labor dispute Strike v. Lockout Similarities -both cause TEMPORARY cessation of work -both arise from an industrial or labor dispute -both observe same procedure Differences Strike: by LO Lockout: ER Nature and Purpose -EEs enforce their demands -Company engaged in profitable business cannot afford to have production interrupted nor paralyzed Philippine Can Co v. CIR, 87 Phil 9 (1950)

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Labor Relations Based on the outline of Professor D.P. Disini, Jr. Effect on Work Relationship -EER not severed or dissolved, may improve EER better working conditions more efficient services Types, Changes and Conversion Types 1. ULP Strike (A263c) -arose from a ULP by the ER -actors: the duly certified or recognized BA (or a legitimate LO in behalf of its members if there is no BA) -aims to correct an act declared by law to be a ULP 2. Economic Strike (Deadlock)\ -aims to forge wage and concessions not required by law to grant *it is possible that an Economic Strike would be converted into a ULP strike when the ER does acts as may be classified under A248 Consolidated Labor Association of the Philippines v. Marsman and Co., 11 SCRA 5589 (1964) *However, the unions offer to wok which was not heeded by the ER is not equivalent to an illegal lockout on the part of the ER that may give rise to a ULP strike Rizal Cement Workers Union v. CIR, 6 SCRA 841 (1962) Grounds for Strike/Lockout 1. Allowed strikes (A263c) -deadlocks -ULP -union busting 2. Prohibited Strikes -A263b: intraunion, intraunion disputes -263g: in industry indispensable to national interest -264a: not yet bargained collectively not yet filed notice required not yet obtained and reported to the DOLE a strike or lockout vote after assumption of jurisdiction by the President or by the SOLE after the submission of the dispute to compulsory or voluntary arbitration during the pendency of cases involving the same grounds for the strike or lockout -265: after a vote the improved offer was conducted and had favorable results -wage distortion Ilaw at Buklod ng Manggagawa v. NLRC, 198 SCRA 586 (1991) No Strike Clause -it is a valid stipulation BUT may ONLY BE INVOKED by an employer when the strike is economic in nature strike is one which is conducted to force wage or other concessions from the employer that are not mandated to be granted by the law itself Panay Electric Co. v. NLRC, 248 SCRA 688 (1995) Striking Party 263c: Bargaining deadlocks: duly certified or recognized BA ULP strikes: duly certified or recognized BA if no duly certified or recognized BA: any legitimate LO in behalf of its members Union busting: union being busted Procedural Requirement 1. bargain first (A264a) Procedure (see A250) 2. file notice of intention A263c: periods Bargaining deadlocks: at least 30 days before the intended date ULP: 15 days before Union busting: take action immediately A263d: notice should be in accordance with IRR promulgated by SOLE A263e: SOLE exert efforts during the cooling-off period (period to file notice) to effect a voluntary settlement A264a: notice first before strike/lockout or else illegal 3. conduct strike/lockout vote first (A263f) Strike: approved by a majority of the total union membership in the bargaining unit concerned by secret ballot in meetings or referenda called for that purpose Lockout: approved by a majority of the board of directors of the corporation or association or of the partners in a partnership obtained by secret ballot in a meeting called for that purpose -264a: no majority obtained, no strike or else illegal -IRR: may request/on its own initiative, the Board my supervise the conduct of the strike vote/lockout vote. The union or the ER should furnish the Board with notice 24 hours before the conduct of the election. The results should be submitted to the Board at least 7 days before the intended strike or lockout 4. observe cooling-off period Wait: according to DPD, the cooling off period is different from the periods stated in A263c. it is the 7 day period before the date of the strike provided in the IRR. Further, according to him, it is observed after strike vote has been conducted The requisite 7-day period is intended to give the DOLE an opportunity to verify whether the projected strike really carries the approval of the majority of the union members. The notice of strike and the cooling-off period were intended to provide an opportunity for mediation and conciliation. Grand Boulevard Hotel v. Genuine Labor Organization, 406 SCRA 688 (2003) * The requirements are mandatory and failure of a union to comply therewith renders the strike illegal. A strike simultaneously with or immediately after a notice of strike will render the requisite periods nugatory. Grand Boulevard Hotel v. Genuine Labor Organization (2003), supra Test of Legality 1. purpose and means test Peaceful A264 is the measure In accordance with law A263 -Luzon Marine Dept. Union v. Roldan (1950), supra: the legality or illegality of a strike depends on 1. the purpose for which it is maintained 2. means employed 2. Balancing of Interest -if ULP strike: the violent acts of SOME union members does not render the strike illegal. The right of management to prevent strikes does not render strike illegal. ight to prevent strike < right of EE against ULP Shell Oil Workers Unin v. Shell Phils, 39 SCA 276 (1971) Defenses: GF and ULP -A strike doesnt automatically carry the stigma of illegality even if no ULP was committed by ER. It suffices if such a belief in GF is entertained by labor as the inducing factor for staging a strike. Indeed, the presumption of legality prevails even if the allegation of ULP is subsequently found to be untrue, provided that the union and its members believed in GF in the truth of such averment PNOC Dockyard v. NLRC, 291 SCRA 231 (1998) Illegal Strikes (see prohibited strikes) Effect of Illegality A264a Unlawful lockout: EE terminated -EE entitled to reinstatement with full backwages Illegal Strike: who would lose their employment status -union officer who knowingly participates -any worker or union officer: any worker or union officer who knowingly participates in the commission of illegal acts during a strike Employment of Strike-breakers -prohibited (264c) -definition (212r): any person who obstructs, impedes, or interferes with by force, violence, coercion, threats or intimidation any peaceful picketing affecting >wages >hours of work >conditions of work or in the exercise of right to self organization or collective bargaining Burden of Economic Loss -a fair days wage for a fair days labor: if strike, no backwages (EEs wanted to do so, so suffer consequences)

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Labor Relations Based on the outline of Professor D.P. Disini, Jr. if lockout, pay backwages (EEs could have done their jobs but ER prevented them from doing so) Improved Offer of Balloting (A265) Strike -DOLE conduct referendum by secret ballot on the improved offer of the ER -on or before the 30th day of the strike -when at least majority of the union vote to accept the improved offer: striking workers shall immediately return to work ER shall readmit the workers upon signing of the agreement Lockout -DOLE conduct referendum by secret ballot on the reduced offer of the Union -on or before the 30th day of the lockout -when at least majority of the board of directors/trustees/partners holding the controlling interest vote to accept the reduced offer: workers immediately return to work ER shall readmit the workers upon signing of the agreement Picketing -marching to and from at the premises of the ER, usually accompanied by display of placards and other signs, making known the facts involved in a labor dispute Sta. Rosa Coca-cola Plant Employees v. Coca-Cola Bottlers, 512 SCRA 437 (2007) Right to picket: PAFLU v. Cloribel, 27 SCRA 465 (1969) -means of communicating facts of a labor dispute -phase of freedom of speech, guaranteed by the constitution -right may be regulated at the instance of 3 rd parties or innocent bystanders if the inevitable result of its exercise is to create an impression of a labor dispute with which they have no connection or an interest exists between them *A labor dispute may give rise to strong emotional response far from likely that the language employed should be both courteous and polite. PCIB v. Philnabank Employees Assn, 105 SCRA 314 (1981) Restrictions of right to Picket: Innocent 3P Rule PAFLU v. CLORIBEL, supra 1. WON case arose from labor dispute YES: apply LC, labor laws NO: apply ROC - injunction 2. WON appellee is a 3P/innocent bystander whose right has been invaded, YES: entitled to protection by the courts NO: no labor injunction 3. right may be regulated at the instance of a 3P or innocent bystanders if: it appears that the inevitable result of its exercise is to create an impression that a labor dispute with which they have no connection or interest arises between them the picketing of the union constitutes invasion nof their rights Part ten: Labor Injunction GR: no injunction against strike X: labor dispute arises in an industry indispensable to national interest *could only enjoin UNLAWFUL activities *Issuing Agency: NLRC *Can only be exercised by the NLRC when theres a labor dispute (A218e) *cannot be issued ex parte: requires hearing and procedure in 218 should be followed *note: injunction in EO 180 is different in LC *what are industries indispensable to national interest? -DPD: theres no test since it is within the discretion of the President or the SOLE Jurisprudential rules re: IINI 1. industry should affect national economy: involved in generation or distribution of energy, or are banks, hospitals, or export-oriented GTE Corp v. GTE Union 2. in schools: the number of students affected PSBA v. Noriel 3. not IINI if there are alternative industries equally efficient to provide the service of said industry Part eleven: Alternatives to use of economic force Conciliation and Arbitration as Modes of Labor Dispute Settlement 1. Conciliation -part of the collective bargaining process (A250c-e): resorted to upon request or at the National Conciliation and Mediation Boards own initiative when the difference in the proposals of the EBA/EBR and the ER is not settled in the conference 2. Arbitration Compulsory By operation of law LA Jurisdiction: illegal termination (A217) Voluntary By agreement of the parties VA Jurisdiction: A261 and 262: any and all disputes -even disputes within the jurisdiction of the LA, provided that both parties agree to it, clearly and unequivocally Vivero v. CA, 344 SCRA 268 (2000)

a. Compulsory Arbitration (263g) -when in the opinion of the SOLE there exists a labor dispute causing or likely to cause a strike or lockout in an IINI -SOLE assumes jurisdiction over the dispute or certify the same to the NLRC for compulsory arbitration *rationale: soonest solution, damage might be caused upon national interest minimized as much as possible; preserve status quo *Process: i. initiating party: SOLE/President ii. arbitration agencies: NLRC: labor arbiter -would include all questions and controversies arising from labor dispute, including cases over which the labor arbiter has exclusive jurisdiction or otherwise submitted to him for resolution iii. effect of certification: automatic return to work order -it is deemed to have been issued once SOLE assumes jurisdiction over the dispute -it is an obligation, not a luxury -it is not involuntary servitude: the EE has an option not to return to work, subject to termination in work iv. effect of appeal: return to work order should still be complied with b. Voluntary Arbitration *arbitrable issues A261: unresolved grievances in the interpretation and enforcement of the CBA or company personnel policies A261: upon agreement of the parties: -all other Labor disputes (if dispute is under the exclusive jurisdiction of the LA, VA could only assume jurisdiction over the same if the parties has clearly and unequivocally agreed to confer the same to the VA Vivero v. CA(2000), supra) -ULP -bargaining deadlocks *Selection of VA (A260) -parties to CBA name and designate in advance a list of qualified arbitrators of NCMB -if none, NCMB would choose for the parties *Procedure (A262-A) -hold hearings -receive evidence -take whatever action is necessary -render decision within 20 calendar days -the decision should contain the facts and the law upon which it is based *Awards and Orders -awards of VA has same legal effect as judgment of a court *finality and execution of awards -decision final after 10 d -VA can issue writ of execution *Appeal -to the CA (R43, ROC) -note that there is no appeal procedure provided in the LC *Costs (A262-B) -shouldered by the parties (proportionate sharing scheme); or -subsidized by special voluntary arbitration fund -take into account the following; a. nature of the case b. time consumed c. professional standing of the VA d. capacity of the parties to pay

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Labor Relations Based on the outline of Professor D.P. Disini, Jr. part twelve: labor relations in the public sector EO 180 *provisions of EO 180 heavily borrowed from LC Distinction: EEs in the public sector has NO RIGHT TO STRIKE because there is no law which authorizes public EE to exercise it; Public EEs can engage in mass demonstrations during their freetime -right to CB: the terms and conditions of employment not provided for by law can be negotiated *EEs who do not have the right to self-organization: 1. member of AFP 2. PNP 3. Firemen 4. Jailguards *Registration of Trade Union: with DOLE and CSC, processing performed by BLR *Exclusive Representation Union recognition a. voluntary recognition >duly registered >no other employee organization >majority support of all rank and file employees b. Recognition after certification election > there are 2 or more employee organization >petition filed >BLR conduct, certify elections *Bargaining Unit Composition: GR: all rank and file EEs X: unless circumstances require otherwise *Exclusive Representative 1. duly registered 2. majority of EE in ABU supports it