Feb.
10, 2015
When is an establishment considered
unorganized?
When it has no certified bargaining agent or
collective bargaining agreement
When can you say that a bargaining agent
is considered certified?
When he has won a certification election
Who has the power or authority to proclaim
or certify the result of the election?
The med-arbiter
In what instances can a med-arbiter not
proclaim or certify the results of the
election?
1. A protest filed and it was perfected
within the 5 day after the close of the
election proceedings (period for
perfection)
2. A challenge or eligibility issue was
raised which will materially change the
results of the election
Who makes the protest?
Any party in interest to the certification
election
What is the ground for a protest? And what
is the rule for making a protest?
Protest in the conduct of election
Give example of the ground to give a
protest?
Scheduled Time of the election was not
followed
For a protest to be considered an instance
for a med-arbiter not to proclaim or certify
the results, what is proscribed by the
rules?
Protest must be formalized by the med arbiter
within 5 days from the close of election
(If there is a protest which is
formalized, the med-arbiter has to rule
first on the protest before proclamation
or certification)
(Sec. 13, Rule IX, DO 40-03, pp.19)
Any other instance when med-arbiter can’t
proclaim or certify the results of the
election?
When there is a challenged on the
eligibility vote and the challenge can
affect the results
If it cannot affect the result of the election,
med arbiter is not prevented from proclaiming
and certifying the election
In those instances that the med-arbiter can
proclaim or certify an election, the med-
arbiter issues an order. My question is
since it was an unorganized establishment,
can the results of the election be subject to
appeal?
Yes. 10 days.
Now we go to organized establishment.
Who may file the petition? Is it the same
with unorganized?
Yes
Can a local chapter file a petition?
Yes provided they have been issued with a
charter
How about a duly registered independent
union?
Yes
When to file? Is it the same?
No! They can only file during the freedom
period, within 60 days prior to the expiration
of CBA. They can’t file anytime
Why does the law limit the filing of a
petition only during the freedom period?
If the law were to allow a certification
election every month every year every
week, what do you think will be the
situation in the establishment?
It would cause instability on the matter of
representation
There would be no industrial peace, no
industrial stability because you keep on
changing the bargaining agent who is
supposed to administer the CBA. No harmony
and stability in the relation between labor and
management
So the law entitles the sole exclusive
bargaining agent, a term of how many
years?
5 years
Feb. 10, 2015
If you want to challenge the leadership and
status of that bargaining agent, you can file a
petition only during the 60 day period before
expiration of CBA. Make the challenge
through petition for certification period. You
cannot do it before the onset of the freedom
period. (Sec. 7, Rule XVII p. 74 Spectra)
Which has jurisdiction? Is it the same?
Yes
Venue? Is it the same?
Yes
As to the scheduling of preliminary
conference? Is it the same?
Yes
As to posting of notice together with the
copy of petition is it the same?
Yes
As to conduct of preliminary conference is
it the same?
Yes
As to matters taken up during preliminary
conference, is it the same?
Yes
As to whether petition is to be granted or
denied, is it the same?
No. for an unorganized, there are only 2
grounds. In organized, there are more.
No petition for certification election within
1 year from voluntary recognition. Why?
To ensure that you will not be disturbed in
discharging your obligation to negotiate with
the employer in collective bargaining period.
That is the period given to you to commence
your obligation
Are you telling us that in an organized
establishment there is a 25% support
requirement?
Yes sir
Is it required in an unorganized
establishment?
No
Why the difference?
Charchari ra ni – in order for the ees to
challenge the representation of the incumbent
bargaining agent so there is a need to support
the petition
Are you telling us that ees have legal
personality to challenge the petition? Is it
not that only a legitimate labor
organization can petition?
Of course, individual workers can’t file
individually. So that legitimate labor union
must have the support of 25% of workers, not
the workers challenging.
JMM: It’s always only a legitimate labor
organization who may file a petition to
challenge the representation status of the
incumbent bargaining agent. It must have
the support of at least 25% of the
employees in that bargaining unit because
that incumbent has the vote of confidence
in that bargaining unit unlike in an
unorganized establishment and to show
that you are supported even by only a
minority. So they have to form and organize a
legitimate labor organization. Denial of the
petition they are not exactly the same in an
organized establishment. They have different
grounds.
Describe the ground of “Deadlock bar rule”
and when is it applicable? And what is its
purpose?
Deadlock bar rule - a petition for certification
election can only be entertained if there is no
pending bargaining deadlock submitted to
conciliation or arbitration or had become the
subject of a valid notice of strike or lockout to
which an incumbent or certified bargaining
agent is a party. The principal purpose is to
ensure stability in the relationship of the
workers and the management. (National
Congress of Unions in the Sugar Industry of
the Phil. V. Trajano)
A deadlock exists where good faith bargaining
on the part of the parties has failed to resolve
the issue and there are no definite plans of
further efforts to break the deadlock.
What about the “Contract bar rule”? Is that
a ground to deny?
Yes. Contract bar rule – a rule that a valid and
existing CBA is a bar to a petition for
certification election;
Feb. 10, 2015
The petition was filed before or after the
freedom period of a duly registered CBA;
provided that the sixty-day period based on
the original CBA shall not be affected by any
amendment, extension, or renewal of the CBA
Note: CBA must be registered in accordance
with Art. 231 LC
Is an order granting the petition for
certification in an organized establishment
is that subject to appeal? Is that the same
rule in an unorganized establishment?
What is the reason behind this?
Grant Order Deny Order
Unorganized Unappelable Appealable
Organized Appealable Appealable
Please read and compare the differences in the
requirements and procedure of Organized and
Unorganized Establishments in the SPECTRA
NOTES. Specifically:
1. Procedure
2. Raffle
3. Pre-election Conference
Note: ALMOST ALL ANSWERS FOR
COMPARISON WERE THAT THEY ARE ALL
JUST THE SAME. So please just read and
familiarize. The only difference is the grounds
for denial of petition and when to file.
In an organized establishment, when the
med-arbiter proclaims and certifies the
results of the election, will that order be
subject to appeal?
Art. 259 LC - Yes, it may be appealed to the
SOLE.
When the SOLE decides on the
abovementioned appeal, is the aggrieved
party allowed to file a Motion for Recon?
Page 40 Spectra Notes – 1 MR is allowed from
the decision of the BLR or SOLE in its
appellate jurisdiction.
JMM: The provision that prohibits a MR from
the decision of the SOLE is VOID for being
violative of the principle of exhaustion of
administrative remedies.
After the SOLE where do you go?
CA under Rule 65 not Rule 43 because of Sec.
2 which excludes decisions under the LC
Once the LLO is certified as the sole and
exclusive bargaining agent after the
certification election, then can he now
exercise the right to collective bargaining
and negotiation? Tell us how this right is
exercised?
Art. 250 of the LC – when a party desires to
negotiate an agreement, it shall serve a
written notice upon the other party with a
statement of its proposals.
Or for a more detailed discussion, Page 65
Spectra Notes, which provides:
Single enterprise – the certified LLO shall
submit such intention in writing to the ER,
together with its proposals for collective
bargaining
Multi-employer – the certified LLOs who desire
to negotiate with their ERs collectively shall
execute a written agreement among
themselves, which shall contain the following:
1. Names of the labor unions who desire
to avail of multi-employer bargaining
2. Each labor union in the employer unit;
3. The fact that each of the labor unions
are the incumbent exclusive bargaining
agents for their respective ER units;
4. The duration of the CBA, if any, entered
into by each labor union with their
respective ERs. LLO who are members
of the same registered federation,
national, or industry union are exempt
from execution of this written
agreement.
The LLO who desire to bargain with multi-
employers shall send a written notice to this
effect to each ER concerned. (Page 66 Spectra
Notes)
Can you read what’s meant by the CBA?
"CBA" refers to the contract between a
legitimate labor union and the employer
concerning wages, hours of work, and all
other terms and conditions of employment in
a bargaining unit.
pp. 356 Azucena for other definitions and
rationale
So? What is to be subject to the
negotiation?
Wages & compensation, hours of work, and all
other terms and conditions of employment
p. 382 Azucena for mandatory subjects
Feb. 10, 2015
p. 386 for non-mandatory
So you said that the bargaining union is
under the obligation to notify the
employer, notify only?
Submit his proposal to collective bargaining
agreement
But is it not that on the matter of wages we
have this wage rationalization act that
fixed the minimum wage, why does this
have to be negotiated?
Because such is just the minimum standard
to follow, thus, may be negotiated upon
So we have this rank and file bargaining
unit who won the certification election.
Since the members are minimum wage
earners, when you decide to negotiate on
wages when we already have this minimum
wage law in the Philippines that fixes the
minimum wage? There’s a law, why do you
need to negotiate?
It’s just the minimum sir
So if I am the ER of the company and you
represent your union and you come to
bargain me with the wages, I'll say "oh
what's wrong, I'm compliant with the
minimum wage law! That’s what I’m giving
you! Why do you have to negotiate for
more? And for other items?
It’s just setting the minimum standard sir
(cge lag balik2x si student.. ang gusto ni sir
NGANU negotiate for more, kai kahibaw daw
ta tanan nga miimum standard ang g set sa
wage rationaliztion act)
What’s the purpose of unionism?
In order to place the workers on the same level
as the ER than if they were individually and
independently negotiate for their terms and
conditions of employment
Looking at that policy of the state, can you
answer my question logically?
waka2x
JMM: what are the sources of obligations?
Law contracts quasi delicts... the law already
obliged my as an ER to provide the wages,
hours of work and other terms of employment,
you want to bind me as and ER contractually
to bind me these wages hours of work and
other terms and conditions and employment?
That’s not a good response. You want me to be
bound by law and at the same time a contract,
when in fact they are both sources of
obligations class. My obligation to you will not
be better if I were to be contractually bound.
So you mean to say I will pay you the
minimum wage of 340 peso and let’s put that
in the CBA? And you call that bargaining and
negotiation? You do not bargain for what is
already given to you by law!
Why does the constitution confer the right
to collective bargaining and negotiation,
bargain for what?! (balik2x ra nga
pangutanan nganu mag bargain nga ni
comply naman c ER sa gi provide sa law)
JMM: simple! Because you want BETTER
wages! BETTER hours of work! BETTER terms
and conditions of employment
So what is the BETTER wages, hours, terms
and conditions?
I want to be paid higher
Why would ER pay you more?
We want to have a share of the fruits of your
production
JMM: so workers bargain and negotiate to
improve on terms and conditions of
employment increasing things above the
minimum standards set by law
What about the company?
That is essentially the point of bargaining sir
where it tries to offset the gap, where the ER
and union meets somewhere in the middle,
workers get better income and on the ER's
side will not be detrimental to the business,
trying to balance between the rights of
workers and the ER
What are the duties and obligations of an
ER upon receipt of your notice and
proposal to negotiate a CBA? Because
according to you, the duty and obligation
of the union is to notify the ER and submit
a proposal to negotiate.
The ER will have to make a reply not later
than 10 calendar days from receipt of such
notice
What is the consequence if either of the
parties (ER and the exclusive bargaining
agent) commence negotiation? Is there a
violation against the labor code?
Constitutes unfair labor practice
Particularly in what form of Unfair labor
practice?
Refusal to bargain collectively
Feb. 10, 2015
What do you mean by the duty to bargain
collectively?
Art. 252. Meaning of duty to bargain
collectively - 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
wages, hours of work and all other terms and
conditions of employment including proposals
for adjusting any grievances or 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 concession.
And that duty belongs to?
Both ER and the exclusive bargaining agent
JMM: so if the exclusive bargaining agent
doesn't exercise the duty to bargain
collectively, it will constitute unfair labor
practice. The responsible officers of that union
can be charged by the EEs of that bargaining
unit
On the other hand, the ER submits his reply
must also act in GF must not engage in a
surface bargaining, promptly and
expeditiously
Next step there is that ER and bargaining
agent MEET and CONVENE
Does it oblige any of the parties to accept a
proposal?
No, their duty to bargain collectively does not
compel any of the parties to accept the
proposal/ make a reply proposal
JMM: what is important is good faith, you are
serious with the negotiations, and now the
next item is when you negotiate a CBA, the
terms and conditions may be classified
generally into 2, the economic and non-
economic, in different terms, the political and
non-political provisions
Are there any in the labor code? There is
one example of economic provision it is the
provision on wages
What is a union security?
It is a stipulation in the CBA whereby the
management recognizes that the membership
of EE in the union which negotiated said
agreement should be maintained and
continued as a condition for employment or
retention of employment/ the obvious purpose
is to safeguard and ensure the continued
existence of the union.
Let’s start with the non-economic/political
provision, are there any under the labor
code?
-there are. One example of the non-
economic/political provision is the union
security
So, what is the union security?
-It is a stipulation in the CBA whereby the
management recognizes that the membership
of employees in the union which negotiated
said agreement should be maintained and
continued as a condition for employment or
retention of employment.
Give an example of a union security.
-Closed shop agreement. Members of your
union and must remain a member for
continued employment. (non-member and new
members of the union will also be required to
join so that it will increase the number of the
union). This is constitutional because it is an
exercise of the police power of the state. (so,
employees can be compelled to join and
continue their membership under pain of
dismissal). SC said closed shop agreement is
the most priced achievement of unionism. It
unifies the workers and wields solidarity.
Purpose: to secure the continued existence of
the union
What article of the labor code allows that
agreement?
-Art. 248 (E) [page 71 of spectra]
Are there any other forms of union security
other than a closed shop agreement?
-yes
What are the other types of union security?
-Agency Shop Agreement. Employer may hire
a non-member of the union so long as he pays
the agency fee if he benefits from the
agreement.
Under this agreement, are the current
members of the Certified Bargaining Union
required to keep their membership?
-No sir
Feb. 10, 2015
Newly hired and non-member are not required
to seek membership from the union
So, how does the union benefit from the
security?
-They are required to pay an agency fee (not
union dues) to the certified bargaining agent if
they benefit from the certified bargaining
agreement
Read the provision on agency fee.
-Article 248 (E). “Employees of an appropriate
collective 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”
So, why do you think these non-union
members are required to pay fees to the
exclusive bargaining agent?
-It is based on quasi-contract. Unjust
enrichment principle.
How does an agency shop secures the
union’s survival and existence? Kasi it’s a
form of union security eh.
-By allowing the collection of agency fees. It
gives the union resources that it needs
Another form of union security is the
maintenance of membership agreement.
What does this mean?
-No EE is compelled to join the union but all
present or future members must as condition
of employment remain in good standing in the
union [this commonly applies where the union
has already sufficient numbers of members
and is not really in need of addition in its
members.
What is maintenance of membership
shop/agreement?
No EE is compelled to join the union BUT all
present or future members must a condition
of employment remain in good standing
How about other EEs who are not member
of the exclusive bargaining unit?
They cannot be compelled.
What is union shop agreement?
ER may hire persons who are not yet members
of CBU however to continue w/ their
employment they have to become members
after a certain period.
In your opinion, if you’re the employer,
what union security will best protect your
interest?
I will find out first if who the exclusive
bargaining agent is.
Assuming the exclusive bargaining agent is
a local chapter which is created by a
federation of national union and has 10
EEs out of 100 EEs in that bargaining unit?
I will choose close shop agreement to assure
loyalty and friendliness.
Is grievance machinery and voluntary
arbitration important in CBA?
Yes. It is a process of expediting the resolution
of grievances and in fact it is provided by the
LC
Under LC, on what areas is the scope of the
grievance machinery?
Art. 261…applicable to grievances arising from
the interpretation or implementation of CBA
and those arising from the interpretation or
enforcement of company personnel policies
Why do you think the LC has to establish
grievance machinery on interpretation and
enforcement of CBA? Does the CBA need to
be interpreted and enforced?
Student answered: There has to be grievance
machinery because if there is none there
would be a tendency in the enforcement of
CBA and the EE will be prejudiced if ER will
not comply the provisions of CBA.
Why don’t they just go on strike, picketing
and other lawful concerted activities?
Student: I believe the law favors voluntary
arbitration instead of compulsory arbitration.
But JMM said that compulsory arbitration is
in art 217 and under labor arbiter (so wrong
ni.)
JMM: there will be disturbance of industrial
peace and harmony if it will be unresolved. If
there is none, workers may strike; quit their
job and loss faith in their ER which is bad.
This is to promote industrial peace and
harmony in the workplace.
Feb. 10, 2015
What is the definition of company The shop steward is legally removed from
personnel policies? position, what kind of dispute is that? Is it
an inter-union, intra-union or termination
These are guiding principles stated in broad, dispute?
long-range terms that express the philosophy
or beliefs of an organization’s top authority Intra-union.
regarding personnel matters
Why? It is dispute between the union and a
Does it include the code of discipline per member
se?
(The student continues to procedure in the
NO! but it a MAY be included. handling of grievance)

If the grievance is unresolved, what What is the composition of union

happens next? management grievance committee?

Voluntary arbitration. Members of bargaining unit and the employer

Is voluntary arbitrator the same as labor If the grievance remains unresolved?

arbiter?
Voluntary arbitration
No.
How many voluntary arbitrators
May a voluntary arbitrator be a labor contemplated under the law?
arbiter?
The law does not provide. It depends on the
Yes. There is no prohibition agreement by parties

The remedy in voluntary arbitrator, is that

the same in labor arbiter?

No.

JMM: voluntary arbitration involves

unresolved grievances

Read what is the procedure on grievances in

the DO

Read Rule XIX sec 2 (p. 68 spectra notes) (p.

32 DO 40-03)

In letter a of the above, Is it good or bad?

What is a shop steward?

Good. He is the one who facilitates the

grievances of the union members against the
ER

JMM: a shop steward may or may not an EE

in the establishment

Who appoints the shop steward?

The union. Not the ER

Is a shop steward a position in the union?

Yes.

Who removes the shop steward?

The union