What is Collective Bargaining Agreement (CBA)? (Art.

250 procedure, 251-252 duty to bargain

if there exist cba or not)
It is a contract executed upon request of either the employer or the exclusive bargaining
representative of the employees incorporating the agreement reached after negotiations with
respect to wages, hours of work and all other terms and conditions of employment, including
proposals for adjusting any grievances or questions under such agreement.
The agreement negotiated by the employees bargaining agent should be ratified or approved by
the majority of all the workers in the bargaining unit.
The following are the requirements for CBA registration (original and two (2) duplicate copies
which must be certified under oath by the representative of the employer and labor union
concerned):
a) The Collective Bargaining Agreement;
b) A statement that the Collective Bargaining Agreement was posted in at least two (2)
conspicuous places in the establishment concerned for at least five (5) days before its ratification;
and
c) A statement that the Collective Bargaining Agreement was ratified by the majority of the
employees in the bargaining unit of the employer concerned.
Freedom period
"Freedom period" is the last sixty (60) days of the lifetime of a collective bargaining agreement
immediately prior to its expiration It is so called because it is the only time when the law allows
the parties to serve notice to terminate, alter or modify the existing agreement. It is also the time
when the majority status of the bargaining union or agent may be challenged by another union by
filing appropriate petition for certification election.
Term of CBA (art. 253-a)
With respect to representation aspect, the CBA lasts for 5 years. However, not later than 3 years
after the execution of the CBA, the economic provisions shall be renegotiated.
The registration of the CBA will bar a certification election except within the last sixty days
(freedom period) before the expiration of the five-year CBA.
The basic requisites of collective bargaining such as the existence of employer-employee
relationship, majority status of the bargaining union and the demand to negotiate an agreement,
should likewise be fully satisfied before such negotiations may be validly held.
Disaffiliation (art. 234-237 of Labor code)
The right to disaffiliate by the local union from its mother union or federation, is a
constitutionally-guaranteed right which may be invoked by the former at any time. It is not an act
of disloyalty on the part of the local union nor is it a violation of the "union security clause" in
the CBA. In the absence of specific provisions in the federation's constitution prohibiting
disaffiliation or the declaration of autonomy of a local union, a local may dissociate with its

parent union. The local union, by disaffiliating from the old federation to join a new federation,
is merely exercising its primary right to labor organization for the effective enhancement and
protection of common interests. Absent any enforceable provisions in the federation's
constitution expressly forbidding disaffiliation of a local union, a local union may sever its
relationship with its parent union. Once the fact of disaffiliation has been manifested beyond
doubt, a certification election is the most expeditious way of determining which labor
organization is to be treated as the exclusive bargaining agent. Disaffiliation should always carry
the will of the majority. It cannot be effected by a mere minority group of union members. (Villar
vs. Inciong, 121 SCRA 444).
A labor union may disaffiliate from the mother union to form a local or independent union only
during the 60-day freedom period immediately preceding the expiration of the CBA. Freedom
period refers to the last 60 days of the fifth and the last year of CBA. But even after that freedom
period disaffiliation may still be carried out but such must be effected by a majority of the
members of the bargaining unit. Association workers union PTGWO vs NLRC et al. July 30
1990.
Certification election (256-259)
Certification election is a process of determining through secret ballot the sole and exclusive
bargaining agent (SEBA) of all the employees in an appropriate bargaining unit for the purpose
of collective bargaining.
Requirements in filing a PCE
Among the important requirements are the following:
a) A statement indicating any of the following:

That the bargaining unit is unorganized or that there is no registered CBA covering the
employees in the bargaining unit;
If there exists a duly registered CBA, that the petition is filed within the sixty-day
freedom period of such agreement;
If another union had been previously recognized voluntarily or certified in a valid
certification, consent or run-off election, that the petition is filed outside the one-year
period from entry of voluntary recognition or conduct of certification or run-off election
and no appeal is pending thereon.

b) In an organized establishment, the signature of at least twenty-five (25%) percent of all

employees in the appropriate bargaining unit shall be attached to the petition at the time of its
filing (Section 4, Rule VIII, of the Department Order No. 40-03).
Art. 256 of the Labor Code, the union obtaining the majority of the valid votes cast by the eligible voters
shall be certified as the sole and exclusive bargaining agent of all the workers in the appropriate
bargaining unit. The DOLE conducts CE. There is need to conduct CE if there are two Labor org in one
Bargaining unit to be represented by bargaining agent. The votes should be at least 50% of the votes cast

in order for the org. to win. double majority rule, for there to be a valid certification election,
majority of the bargaining unit must have voted AND the winning union must have garnered
majority of the valid votes cast. It held that the majority contemplated in deciding which of the unions
in a certification election is the winner refers to the majority of valid votes cast, not the simple majority of
votes cast, This majority is 50% + 1. NATIONAL UNION OF WORKERS IN HOTELS,
RESTAURANTS AND ALLIED INDUSTRIES- MANILA PAVILION HOTEL CHAPTER,vs dole
sec and NLRC G.R. No. 181531 July 31, 2009

Denial of PCE
PCE may be denied if:
a) it was filed before or after the freedom period of a registered CBA;
b) the petitioner union is not listed in the DOLE Registry of legitimate labor organization; or
c) the legal personality of the petitioner-union has been revoked or cancelled with finality.
*The union that garners majority of the valid votes cast in a valid certification election shall be
certified as the SEBA.
The requisites for certification election in organized establishments
Certification election in organized establishments requires that:
a) a petition questioning the majority status of the incumbent bargaining agent is filed before the
DOLE within the 60-day freedom period;
b) such petition is verified; and
c) the petition is supported by the written consent of at least twenty-five percent (25%) of all
employees in the bargaining unit.
The requirement for certification election in unorganized establishments
Certification election in unorganized establishments shall automatically be conducted upon the
filing of a petition for certification election by an independent union or a federation in behalf of
the chartered local or the local/chapter itself.