An Affiliate is an independent union
Such act
affiliated with a federated, national union or a
chartered local which was subsequently
granted independent registration but did not
disaffiliate from its federation, reported to the
Regional Office and the Bureau of Labor
Relations.
An Independent Union is a labor
organization operating at the enterprise level
that required legal personality through
independent registration under the Labor
Code.
A Local Chapter or Chartered Local is a
labor organization in the private sector
operating at the enterprise level that
acquired legal personality through the
issuance of a charter certificate by a duly
registered federation or national union, and
reported to the Regional Office.
A National Union or Federation refers to a
group of legitimate labor unions in a private
establishment organized for collective
bargaining or for dealing with employers
concerning terms and conditions of
employment for their member union or for
participating in the formulation of social and
employment policies, standards and
programs, registered with the BLR in
accordance with the law.
The Purpose of affiliation is to foster the
free and voluntary organization of a strong
and united labor movement; to increase, by
collective action, the common bargaining
power of local unions for the effective
protection of their interests. Ergo, the truism:
there is strength in number.
Disaffiliation, on the other hand, DOES
NOT DIVEST an affiliate union of its LEGAL
PERSONALITY. Generally, a labor union
may disaffiliate from the mother union to
form a local or independent union.
does not constitute ULP, not a violation of
union security clause, and not an act of
disloyalty.
EFFECTS of Disaffiliation
When an Independently-registered Union
which was subsequently issued a charter
certificate disaffiliates from the Mother union
which issued the same, its status as a
legitimate labor organization. As such, it has
acquired the requisite legal personality to file
for a petition for certification election.
However, once a Local Chapter disaffiliates
from the federation/mother union which
created it, it ceases to be a legitimate labor
organization. Hence, it cannot, by itself, file
for a petition for certification election.
SUBSTITUTIONARY DOCTRINE – change
of bargaining representative during the life of
the CBA.
Even during the effectivity of the CBA
executed between the employer and the
employees through their agent, the
employees can change the said agent but
the CBA continues to bind them up to its
expiration date. The newly elected agent
would have to respect the contract. The
employees can, however, negotiate with
management for the shortening thereof.
The substitutionary doctrine CANNOT be
invoked of the substitution of bargaining
agent is to SUBVERT an existing CBA.
UNION DUES AND SPECIAL
ASSESSMENTS
UNION DUES are payments to meet the
union’s general and current obligations.
SPECIAL ASSESSMENTS are payments for
a special purpose, especially if required only
for a limited time. (
AGENCY FEE is an amount, equivalent to
union dues, which a non-union member pays
to the union because he benefits from the
CBA negotiated by the union.
CHECK-OFF means a method of deducting
from the employees’ pay at prescribed
periods, any amount due for fees, fines and
assessments, and remits them directly to the
union.
All unions are authorized to collect
reasonable amount of union dues,
assessments, agency fees, etc.
Assessments for negotiation fees, attorney’s
fees and other similar charges may be
CHARGED ONLY AGAINST THE UNION
FUNDS. The payment thereof is
PROHIBITED if effected through FORCED
CONTRIBUTIONS from the workers
individually.
For the CHECK-OFF of union dues and
special assessments to be VALID, there
must be an INDIVIDUAL WRITTEN
AUTHORIZATIONS duly signed by the
MEMBER-employee concerned.
Such INDIVIDUAL WRITTEN
AUTHORIZATIO is NOT REQUIRED for the
CHECK-OFF or collection of AGENCY FEE
from NON-MEMBERS of the bargaining
agent. But it must be established that the
non-union member ACCEPTS the
BENEFITS FLOWING FROM THE CBA.
Agency fee is to be paid only to the
bargaining agent which negotiated the CBA
with the employer. Minority unions cannot
demand from the employer to grant it the
right to check-off of union dues and
assessments.
Collective Bargaining is defined as
negotiations towards a collective agreement.
A Collective Bargaining Agreement refers
to the negotiated contract between a
legitimate labor organization and the
employer concerning wages, hours of work
and all other terms and conditions of
employment in a bargaining unit, including
mandatory provisions for grievances and
arbitration machineries.
A CBA, just like any other contract, is
respected as the law between the
contracting parties and compliance in good
faith is mandated. Pursuant to principles of
non-impairment of obligation and the
freedom to contract, the courts have no
choice but to give force and effect to
provisions of such contract; so long as it is
not contrary to law, morals, god customs, or
public policy.
THE relation between labor and capital is
not merely contractual; it is so impressed
with public interest that labor contracts
must yield to the common good.
Interpretation of CBA – Construed
Liberally; If the terms are clear and there
is no doubt as to the intention of the
parties, the literal meaning of its
stipulation shall prevail.
AUTOMATIC RENEWAL CLAUSE – All the
terms and conditions of the CBA shall
continue to be in force and retain its effect
even after the expiration of the agreement
until a new one is negotiated and ultimately
concluded by the parties.
HOLD-OVER PRINCIPLE. In the absence of
a new CBA], [i]t shall be the duty of the
parties 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.
MANDATORY PROVISIONS of the CBA –
those which are mandatory to be embodied
in the CBA in order for it to be deemed
VALID.
1. GRIEVANCE PROCEDURE/
MECHANISM – It refers to the internal
rules of procedure established by the
parties in their CBA with voluntary
arbitration as the terminal step, which are
intended to resolve all issues arising from
(1) the interpretation or implementation of
their CBA or (2) the interpretation or
enforcement of company personnel
policies. It is that part of the CBA which
provides for a peaceful way of settling
differences and misunderstanding
between the parties.
2. VOLUNTARY ARBITRATION – It refers
to the mode of settling labor-
management disputes in which the
parties select an impartial third person
called “Voluntary Arbitrator” who is
tasked to decide on the merits of the
case and whose decision is final and
executory.
3. NO STRIKE, NO LOCKOUT CLAUSE - It
is a clause in the CBA which indicates
the respective commitments of the
parties thereto not to stage a strike, on
the part of the union, and not to conduct
a lockout, on the part of the employer,
during the lifetime of the CBA. This
clause may be invoked to bar an
economic strike/lockout but not an unfair
labor practice strike/lockout.
4. LABOR MANAGEMENT COUNCIL - It is
mandated to be created in every
establishment pursuant to the
constitutional grant to employees of the
right to participate in policy and decision-
making processes in all matters affecting
their rights, duties, benefits and welfare.
It is composed of representatives of the
employer and the employees of the
establishment.
GRIEVABLE ISSUE – ordinary violations of
non-economic or political provisions of the
CBA which are ordinary, and not gross, in
character. Otherwise, if there is GROSS
violation of CBA, they shall be considered as
ULP.
GROSS VIOLATION is defined as
FLAGRANT and/or MALICIOUS REFUSAL
BY A PARTY TO COMPLY WITH THE
ECONOMIC PROVISIONS OF THE CBA.
All grievances submitted to the grievance
machinery which are not settled within 7
calendar days from the date of its
submission shall be automatically referred
to voluntary arbitration (LA) prescribed in
the CBA.
NO STRIKE, NO LOCKOUT CLAUSE.
A "no strike, no lock-out" provision in the
CBA is a valid stipulation although the clause
may be invoked by an employer only when
the strike is economic in nature or one which
is conducted to force wage or other
concessions from the employer that are not
mandated to be granted by the law itself. It
would be inapplicable to prevent a strike
which is grounded on unfair labor practice
UNION SECURITY CLAUSE - any form of
agreement which imposes upon employees
the obligation to acquire or retain union
membership as a condition affecting
employment.
PURPOSE of such clause is to guarantee
the continued existence of the union through
enforced membership for the benefit of the
workers.
The rationale for upholding the validity of
the union security clause is TO PROMOTE
UNIONISM because a strong and effective
union presumably benefits all employees in
the bargaining unit since such union would
be in a better position to demand improved
benefits and conditions of work from the
employer.
The right NOT TO JOIN s union is NOT
ABSOLUTE; it must give way to the
collective good of all members of the
bargaining unit because it favors unionism.
An individual employee’s right not to join a
union may be validly restricted be a union
security clause in a CBA.
The following employees are EXEMPT from
coverage of Union Security Clause:
1. Employees already in the service and
already members of a union other than
the bargaining agent when the USC/CBA
took effect;
2. Ees prohibited to be members of unions,
ie Managerial ees, Confidential ees,
Mixed membership unions;
3. EEs excluded from the USC by express
terms of the CBA; and
4. EEs who are bona-fide members of
religios orgs prohibited from joining
unions n religious grounds.
Classification of union security
agreements
A CLOSED SHOP may be defined as an
enterprise in which, by agreement between
the employer and his employees or their
representatives, no person may be
employed in any or certain agreed
departments of the enterprise unless he or
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 employees in interest are a part.
There is MAINTENANCE OF
MEMBERSHIP SHOP when employees,
who are union members as of the effective
date of the agreement, or who thereafter
become members, must maintain union
membership as a condition for [their]
continued employment until they are
promoted or transferred out of the bargaining
unit or the agreement is terminated.
There is UNION SHOP when all new regular
employees are required to join the union
within a certain period as a condition for their
continued employment.
MODIFIED UNION SHOP – Employees who
are not union members at the time of signing
the contract need not join the union, but all
workers hired thereafter must join. [Azucena]
AGENCY SHOP – An agreement whereby
employees must either join the union or pay
to the union as exclusive bargaining agent a
sum equal to that paid by the members.
RIGHT TO COLLECTIVE BARGAINING
It is the policy of the State to promote and
emphasize the primacy of free and
responsible exercise of the right to self-
organization and collective bargaining.
The duty to bargain collectively means the
performance of a mutual obligation to meet
and convene promptly and expeditiously in
good faith for the purpose of negotiating an
agreement with respect to the terms and
conditions of employment including
grievance machinery; such duty, however,
does not compel any party to agree to a
proposal or to make any concession.
The duty to bargain collectively contemplates
two situations: in the absence of a CBA and
when there is an existing CBA.
As regards the former, the duty must be
discharged in accordance, with any
agreement or voluntary arrangement
between the employer and bargaining agent;
in the absence thereof, in accordance with
the Labor Code provisions.
When there is a CBA, the duty to bargain
collectively shall al mean that neither party
shall terminate nor modify such agreement
during its lifetime.
Essential REQUISITES of Collective
Bargaining:
1. ER-EE relationship must exist
between the employer and the
members of the bargaining unit being
represented by the agent;
2. The bargaining agent must have the
majority support of the members;
and
3. A lawful demand to bargain is
made in accordance with the law.
ULP – UNFAIR LABOR PRACTICE
Gross violation of the provisions in the CBA;
malicious, flagrant and done in bad faith.
Elements of ULP. Before an employer or
labor organization may be said to have
committed ULP, the following elelments
must concur:
1. There should exist an ER-EE
relationship; and
2. The act complained of must be
expressly mentioned and defined in
the Labor Code as ab unfair labor
practice.
General Rule - An unfair labor practice may
be committed only within the context of an
employer-employee relationship;
Exception - “Yellow Dog” Contract: to
require as a condition of employment that a
person or an employee shall not join a labor
organization or shall withdraw from one to
which he belongs.
“Not all unfair acts constitute ULP”
To be deemed as ULP, the act complained
of must have a PROXIMATE AND CAUSAL
CONNECTION with the following:
1. Exercise of the right to collective
bargaining;
2. Exercise of the right to self-
organization; or
3. Compliance with the CBA.
ULP in Collective Bargaining
(1) Bargaining in bad faith. –
When there is CLEAR EVASION OF THE
DUTY OT BARGAIN COLLECTIVELY.
INDIVIDUAL BARGAINING
- contemplates a situation where the
employer bargains with the union
through the employees instead of the
employees through the union.
It is an unfair labor practice for an employer
operating under a CBA to negotiate with his
employees individually. That constitutes
interference because the company is still
under obligation to bargain with the union as
the bargaining representative.
BLUE SKY BARGAINING
- is defined as "unrealistic and
unreasonable demands in negotiations
by either or both labor and management,
where neither concedes anything and
demands the impossible." It actually is
not collective bargaining at all.
SURFACE BARGAINING
- is defined as "going through the motions
of negotiating," without any real intent to
reach an agreement. It violates the Act's
requirement that parties negotiate in
"good faith." It is prohibited for
employers to engage in the forms of
collective bargaining without the
substance.
NOTE:
a. Parties have no obligation to precipitately
agree to the proposals of each other.
b. Making a promise during the CBA
negotiations, not an indication of bad
faith.
c. Adamant stance resulting in an impasse,
not an indicium of bad faith.
d. Allegations of bad faith wiped out with
the signing of the CBA.
(2) Refusal to bargain
Examples:
• The Supreme Court found the petitioner
guilty of ULP for refusing to send a
counter-proposal to the union and to
bargain anew on the economic terms of
the CBA.
• The petitioner school was declared guilty
of unfair labor practice when it failed to
make a timely reply to the proposals of
the certified bargaining union more than
a month after the same were submitted
to it.
Clearly, its actuation showed a lack of
sincere desire to negotiate the CBA thereby
rendering it guilty of an unfair labor practice.
While the law does not compel the parties to
reach an agreement, it does contemplate
that both parties will approach the
negotiation with an open mind and make a
reasonable effort to reach a common ground
of agreement.
ULP in the Exercise of Right to Self-
organization
- refers to acts that violate the workers’
right to organize.
ULPS OF EMPLOYERS.
– The following are the ULPs of employers
under Article 248 of the Labor Code:
(a) To interfere with, restrain or coerce
employees in the exercise of their right to
self-organization;
(b) To require as a condition of employment
that a person or an employee shall not
join a labor organization or shall withdraw
from one to which he belongs
(YELLOW DOG CONTRACT);
(c) To contract out services or functions
being performed by union members
when such will interfere with, restrain or
coerce employees in the exercise of their
rights to self-organization
(CONTRACTUALIZATION);
(d) To initiate, dominate, assist or otherwise
interfere with the formation or
administration of any labor organization,
including the giving of financial or other
support to it or its organizers or
supporters (COMPANY UNION);
(e) To discriminate in regard to wages, hours
of work and other terms and conditions of
employment in order to encourage or
discourage membership in any labor
organization (DISCRIMINATION).
Nothing in this Code or in any other law shall
stop the parties from requiring membership
in a recognized collective bargaining agent
as a condition for employment, except those
employees who are already members of
another union at the time of the signing of
the collective bargaining agreement
(UNION SECURITY).
Employees of an appropriate bargaining unit
who are not members of the recognized
collective bargaining agent may be assessed
a reasonable fee equivalent to the dues and
other fees paid by members of the
recognized collective bargaining agent, if
such non-union members accept the benefits
under the collective bargaining agreement:
Provided,that the individual authorization
required under Article 250 [241], paragraph
(o) of this Code shall not apply to the non-
members of the recognized collective
bargaining agent (AGENCY FEE)
(f) To dismiss, discharge or otherwise
prejudice or discriminate against an
employee for having given or being
about to give testimony under this Code
(this is the only ULP which need not be
connected to the exercise of the
employees of their right to self-
organization and collective bargaining);
CBA-RELATED ULPs:
(g) To violate the duty to bargain collectively
as prescribed by the Labor Code;
(h) To pay negotiation or attorney’s fees to
the union or its officers or agents as part
of the settlement of any
(i) issue in collective bargaining or any
other dispute; or
(j) To violate a CBA but only when the
violation is “gross” in character which
means flagrant and/or
(k) malicious refusal by theemployer to
comply with the economic provisions
of the CBA.
ULPS OF UNION
– Under Article 249 of the Labor Code, it
shall be unfair labor practice for a labor
organization, its officers, agents or
representatives:
(a) To restrain or coerce employees in the
exercise of their right to self-organization.
However, a labor organization shall have
the right to prescribe its own rules with
respect to the acquisition or retention of
membership;
(a) To cause or attempt to cause an
employer to discriminate against an
employee, including discrimination
against an employee with respect to
whom membership in such organization
has been denied or to terminate an
employee on any ground other than the
usual terms and conditions under which
membership or continuation of
membership is made available to other
members;
(b) To violate the duty, or refuse to bargain
collectively with the employer, provided it
is the representative of the employees;
(c) To cause or attempt to cause an
employer to pay or deliver or agree to
pay or deliver any money or other things
of value, in the nature of an exaction, for
services which are not performed or not
to be performed, including the demand
for fee for union negotiations (ANTI-
FEATHER BEDDING);
(d) To ask for or accept negotiation or
attorney’s fees from employers as part of
the settlement of any issue in collective
bargaining or any other dispute; or
(e) To violate a CBA but only when the
violation is “gross” in character which
means flagrant and/or malicious refusal
by thelabor organization, its officers,
agents or representatives to comply
with the economic provisions of the
CBA.
RIGHT TO PEACEFUL CONCERTED
ACTIVITIES.
Forms of Concerted Activities. - There are
three (3) forms of concerted activities,
namely:
1) Strike - means any temporary stoppage
of work by the concerted action of the
employees as a result of an industrial or
labor dispute.
It encompasses slowdowns, mass
leaves, sitdowns, overtime boycott,
attempts to damage, destroy or sabotage
plant equipment and facilities and similar
activities and sporting by the workers
of closely cropped hair or cleanly
shaven heads after their union filed a
notice of strike as a result of a CBA
deadlock.[9]
2) Lockout - means the temporary refusal
of an employer to furnish work as a result
of an industrial or labor dispute.
It consists of shutdowns, mass
retrenchment and dismissals or the
employer’s act of excluding employees
who are union members.
3) Picketing – means the act of workers in
peacefully marching to and fro before an
establishment involved in a labor dispute
generally accompanied by the carrying
and display of signs, placards and
banners intended to inform the public
about the dispute.
Who may declare a strike?
Only a duly recognized or certified
bargaining agent may declare a strike.
A minority union can never declare a strike.
In unorganized establishments, any
legitimate labor organization in the
establishment may declare a strike but only
on the ground of ULP.
Who may declare a lockout?
The employer can declare a lockout.
REQUISITES FOR A VALID STRIKE. – The
following are the seven (7) procedural but
mandatory requisites:
1. It must be based on a VALID AND
FACTUAL GROUND;
2. A NOTICE OF STRIKE must be filed with
the NCMB-DOLE;
3. A notice must be served to the NCMB-
DOLE at least twenty-four (24) hours
prior to the taking of the strike vote by
secret balloting, informing said office of
the decision to conduct a strike vote, and
the date, place, and time thereof;
4. A STRIKE VOTE must be taken where a
majority of the members of the union
obtained by secret ballot in a meeting
called for the purpose, must approve it;
5. A strike vote REPORT should be
submitted to the NCMB-DOLE at least
seven (7) days before the intended date
of the strike;
6. Except in cases of union-busting, the
COOLING-OFF PERIOD of 15 days, in
the case of unfair labor practices, or 30
days, in the case of collective
bargaining deadlock, should be fully
observed; and
7. The 7-day waiting period or STRIKE
BAN reckoned after the submission of a
strike vote report to the NCMB-DOLE
should also be fully observed in all
cases.
Requisites for a valid lockout. – same as
for Strike, except that the ER declares…
REQUISITES FOR A LAWFUL PICKETING.
–The only requisite for the lawful conduct of
picketing is that it should be peacefully
carried out. There should be no violence,
coercion or intimidation attendant thereto.
The requisites for the conduct of a valid
strike are therefore not applicable to
lawful picketing.
WHEN PICKET BECOMES A STRIKE. - In
distinguishing between a picket and a strike,
Whereas strike/lockout is an exercise of
freedom of association, picketing is an
exercise of freedom of expression;
The existence of ER-EE relationship is a
condition sine qua non for the conduct of
strike/lockout, but the same is not required in
picketing;
While strike/lockout is directed to the
employer, picketing is directed towards the
public to earn sympathy; and
Strike/lockout cannot exist without picketing.
Examples:
Union contends that it “only engaged in
picketing,” and maintains that there was no
stoppage of work; hence, they did not strike.
The Supreme Court, however, ruled that it
was a strike and not picketing or protest
activity that union staged because of the
following circumstances:
Union filed a Notice of Strike grounded on
company’s refusal to bargain collectively,
union busting and mass termination. The
DOLE Secretary intervened, issued a
Return-to-Work Order and certified the labor
dispute to the NLRC for compulsory
arbitration. In the meantime, the strike
continued with no settlement placing in
jeopardy the supply of much needed power
supply in the Luzon and Visayas. grids.
Finally, no strike vote was conducted;
likewise, the cooling-off period was not
observed and that the 7-day strike ban after
the submission of the strike vote was not
complied with since there was no strike vote
taken.”
In fine, union’s bare contention that it did not
hold a strike cannot trump the factual
findings of the NLRC. In fact, and more
importantly, petitioner union failed to comply
with the requirements set by law prior to
holding a strike.
The Labor Code provides that when in the
opinion of the DOLE SECRETARY, the labor
dispute causes or likely to cause a strike or
lockout in an INDUSTRY INDISPENSIBE TO
THE NATIONAL INTEREST, he is
empowered to do either of the two things:
1. ASSUMPTION OF JURISDICTION
over the labor dispute and decide it
himself; or
2. CERTIFICATION OF THE LABOR
DISPUTE TO THE NLRC for
compulsory arbitration, in which
case, it will be the NLRC which shall
hear and decide it.
Nature of Assumption Order or
Certification Order. – It is in the nature of a
police power measure.
Effects of assumption or certification:
a. the intended or impending strike or
lockout is automatically enjoined,
b. If a work stoppage has already taken
place at the time of the assumption or
certification, all striking or locked-out
employees shall immediately return to
work and the employer shall immediately
resume operations and readmit all workers
under the same terms and conditions
prevailing before the strike or lockout.
c. All cases between the same parties
submitted for arbitration shall be decided
by the DOLE Secretary or the NLRC.
EFFECT OF DEFIANCE OF ORDERS. -
The defiance by the union, its officers and
members of the DOLE Secretary's
assumption of jurisdiction or certification
order constitutes a valid ground for
dismissal.
The following are the justifications for the
defiant employees’ dismissal:
1. A strike that is undertaken after the
issuance by the DOLE Secretary of an
assumption or certification order becomes a
prohibited activity and thus illegal.
Resultantly, the striking union officers and
members are deemed to have lost their
employment status for having knowingly
participated in an illegal strike.

2. From the moment a worker defies a

return-to-work order, he is deemed to have
abandoned his job.

3. By staging a strike after the assumption or

certification for compulsory arbitration, the
workers forfeit their right to be readmitted
to work.

Liabilities in Illegal Strike. – In case of

illegal strike the liabilities are as follows:

(1) Liability of officers of the unions. - The

mere finding or declaration of illegality of a
strike will result in the termination of all
union officers who knowingly participated
therein.

(2) Liability of ordinary workers. – For an

ordinary union member to suffer
termination, it must be shown that he has
committed illegal acts during the strike.
Liability determined on an individual basis.

(3) Liability of employer. – The employer is

liable to pay backwages, damages and
other affirmative reliefs, including criminal
prosecution in case of defiance of return-to-
work order.

(4) Waiver of illegality of strike. – The

employer may waive expressly or impliedly
the illegality of the strike. when before the
NLRC, it agreed to reinstate them and
comply fully with the return-to-work
order.