Right to self-organization
- A form of insurrection in the light of the
Why workers unionize?
1. In order to acquire a relative equality of
bargaining power
2. In order to attain security of tenure
3. Union becomes an agent of
participatory democracy
Positive freedom of assoc
- Workers have the right to join, form or
represented by a union
Negative freedom of assoc
- Right of the workers not to form, join or
be represented by a union.
NB. As between freedom of religion (freedom of
conscience) and union security clauses, in the
hierarchy of cons. Rights, the one that occupies
a higher rank is the freedom of religion.
Who can form a Labor Union
Employees both of private and Gov
Self-employed (not for purposes of CBA
Employees of intl. org (not for CBA
Who cannot
Members of managerial
Members of Coop
Confidential Employees (under the doc. of
necessary implication)
- Those that have access to confidential
labor relations information
Members of Iglesia
High Level Employees (Gov Officials)
Members of the AFP, PNP, BJMP, BFD
Nb.
Collective Bargaining –private sector
Collective Negotiation – gov sector
Matters cannot be subj. to collective bargaining
Matters that are fixed by law
Matters that involve appropriation of money
Matters that involve exercise of management
prerogative by High Level Employee
Public Sector Management Council
Gr. EEs of Gov cannot strike
- Affects delivery of vital services to the
people
- A civil service offense
principle of state sovereignty
Ex. Employees of GOCC w/o orig charters are
governed by the Labor Code thus can strike.
NB. Req. for Registration
Certificate of Registration
Legal effects of registration
1. Right of rep. (applies only to union
mem)
2. To be cert as the bargaining agent in the
establishment
Voluntary recognition (direct cert. not
allowed)
- Only one union
- Must possess majority status w/ proof
of the same
- Voluntarily recognized
Bargaining Req.
Possessoin of majority status
Proof
Bargaining process
Consent Election
- An agreed election
- w/ or w/o intervention of the Regional
office of the DOLE
- (doctrine of union monopoly)
Cert election
- w/ intervention of the Dole
- majority of illegible voters shall vote
- one who has garnered majority votes
after the election
- spoiled ballots are included in the first
majority rule, excluded in the second
majority
Run-Off Election
- conducted by an election officer
- no union does not exist
Subscription Req. – 25%
If complied with – mandatory to conduct Cert.
election
If not complied with – discretionary
- because the most expeditious way in
determining the will of the employees is
thru a cert. election
Instances where cert. election cannot be
conducted
1. contract bar rule
 - duly registered CBA bars cert. elec.
- CBA must be registered
- No cert election shall be held during the
life span of the CBA except on the
freedom period
o Rep. Aspect – 5 yrs.
o Economic provision– 3 yrs
2. deadlock bar rule
- during the CB process, there was
deadlock/stand still/impasse, which has
been a subject to conciliation,
mediation, grievance machinery or
subj. to a notice of strike
3. charge of company unionism rule
- ULP
- Company domination/dominated union
- Company union idea was initiated by
the ER
- When RnF union was captivated by the
ER.
Nb. Charge of company unionism is a prejudicial
question that has to be first settled
4. negotiation bar rule
- run-away shop
5. appeal bar rule
- - Blue sky bargaining
6. one year bar rule
Exceptions to the contract bar rule
1. if the CBA is not registered
- still valid b/w the parties
- does not bar cert. elec.
2. if the CBA is incomplete, inadequate,
substandard CBA
- refers to economic provisions of the
CBA was substandard
- if the CBA for a conclusive arbitration
clause, the CBA is incomplete or
inadequate
3. if the CBA has been hastily entered into
or prematurely extended
4. mass disaffiliation
- they can still bargain even if their
membership is already depleted with
the management, until and unless the
union lost in a cert. elec.
5. automatic renewal clause
Principle of CBA Continuity
- to prevent any hiatus that will result if
no CBA is agreed upon by the parties
CBA is a contract in personam
- successor in interest is not governed by
the previous CBA
- unless the successor expressly adopt
the previous CBA
Duty to bargain collectively
- performance of a mutual obligation b/w
the employer and the union on matter
involving terms and conditions of
employment promptly, expeditiously
and in good faith, including providing
Doctrinal standards of Collective bargaining
Mutual Bargaining
- CBA proposal by the union
- ER submit counter proposal within 10
days
- penalty imposed against an erring
employer, the union CBA proposal shall
be the governing CBA in the
establishment
Prompt Bargaining
Good Faith bargaining
Take not of the definition
- Surface bargaining
- Run away shop – strike area include
- Boulwareism
Contents of the CBA
Union Security Clause
- Close shop
- Union shop
o Coupled with maintenance of
membership shop to retain
their employment
- Agency shop
o Maintenance of treasury
o Anti free rider clause
o Non-union members receiving
CBA benefits shall pay agency
fees equivalent to the amount
of union dues to support the
union that made the benefit
possible
o Need not be included or agreed
upon in the CBA, because the
Labor Code already provides
GR. No waiver of the right to strike
Exception:
If the strike is waiveable under the no strike no
deadlock clause
Conclusive Arbitration Clause
Must contain Drug Free provision
Escalator Clause
Separability Clause
Effectivity Clause

Q. May a non-registered union file a petition
for cert. election?
A. no
Exception: If the federation issues a charter
cert. to a chartered local, although not yet
registered, that chartered local shall acquire an
imperfect, partial legal personality and it can
file a petition for cert. election only for the
purpose of certification election
Can the Principle of Comingling Apply under
the Labor Code.
- No, deemed excluded by operation of
law
- Does not apply to supervisory unions if
there are rank and file and does not
apply to rank and file union if there are
supervisors in the group
- But they can join the same Federation
FEDERATIIONS
- 10 locals/members
- Principal is the local, the Federation is
the agent
- If the relationship of the federation and
the member is cut off, the federation
has no more right to represent the local
NLRC
- 8 Divisions
- Quasi judicial functions are exercised in
division
Judicial Functions of the NLRC
1. Contempt power
2. Injunctive power
- NLRC can issue TRO
- there must be a hearing conducted in
observance of due process
- TRO can be issued ex parte by the NLRC
because the TRO is a mere interlocutory
order prior to the issuance of a writ of
injunction
3. Certification Power Art.263g
- Issue on assumption can be certified to
be resolved through a voluntary
arbitrator
4. Appellate Power
- Decisions of the LA under Art 217
o Damages
o ULP
- What is ULP an act of the ER or the
UNION or their Agents which violate
the right of the workers to self
organization
GR. E-E relationship must exist
Exception:
1. Yellow-dog Contract a ULP committed
against a non employee
2. Committed by the agent
- Take note of the ULP by the ER and EE
o Violation of Art 264
Strike –temporary stoppage of work
Classification
1. Authorized –one conducted with the
approval of the union members through
strike vote
2. Wildcat strike – a strike that has not
been approved by the union members
3. Particular strike – one confined in one
particular business establishment or
entity
4. General strike – form a sympathetic
strike that is political in nature, staged in
the absence of an E-E relationship. Ex.
Welga ng Bayan, Industry Wide Strike
5. Slow down strike – no stoppage of
work, purpose is to reduce company out
or production. Under the principles of
no work no pay
a. Sit down strike
b.
6. Sympathetic Strike – form of strike
effected in sympathy to EEs of another
industry. No E-E Rel.
7. Lightning strike – a brief stoppage of
work
8. Economic strike – one declared on
account of collective bargaining
deadlock
9. ULP strike – one staged on the right of
the worker to self organization
10. Legal – staged in compliance with law
11. Illegal – non-compliance of the legal
requirements that would make the
strike legal
Grounds
1. Based on a valid ground
a. CB deadlock
b. ULP (union busting)
2. Parties must have bargained collectively
3. Notice of strike 30-economic, 15-ULP
a. Filed with the NCMB
b. During the cooling of period,
the thing can still be resolved
through grievance machineries
i. Improved offer
ii. Reduced offer
iii. Arbitration
iv. Conciliation
v. Mediation
Union Busting – w/o compliance of the 24-hour
prior notice rule and strike voting within 7 days
before the date of strike, there can be no strike.
4. Compliance with the 24-hour prior
notice rule
- w/n 24 hours before the conduct of
strike vote, notice must be submitted
with the NCMB and the employer of the
date and place of the strike voting.
- NCMB may intervene in the conduct of
strike vote.
5. Submission of the strike vote report
Reckoning period of filing of the strike vote
report: upon expiration of the cooling of period
(30 + 7 = 37 / 15 + 7 =22)
6. Compliance with the doctrine of means
and purposes
Legal purpose + legal means = legal strike
Legal purpose + illegal means = illegal strike
Who may be held liable in illegal strike?
Officers of the union
(officers of the union masterminded the illegal
strike, they are liable under the doctrine of
vicarious liability)
In legal strike
- Workers are not liable for damages
under the doctrine of damnum absque
injuria
- Generally striking workers are not
entitled to back wages under the
principle of no work no pay
Exceptions:
1. Discriminatorily dismissed
2. Workers did not strike but were illegally
locked out by the employer
3. The striking workers unconditionally
offered to return to work but was
rejected by the employer
 Take note of instances of illegal strike
NB.
- In order to have an effective strike,
there must be an effective picketing
- Picketing may be conducted in the
absence of E-E Relationship because
picketing is part of the right to freedom
of expression
7. In case of strikes or lockout in hospitals,
the union must provide for a skeletal
work force.
As to Police Officers
- Shall not employ strike breakers (fink)
o Big Money Claims
- Any money claim, regardless of amount,
accompanied with a claim for
reinstatement
- Any money claim regardless of whether
accompanied with a claim for
reinstatement, exceeding the amount of
P5,000.00 per claimant
Exception:
Big money claims which arise out of the exercise
of visitorial powers are congnizable by the
Regional Director
Art. 128 VISITORIAL POWERS
- Enforcement order has the effect of a
writ of execution
CONTESTED (arising from Visitorial Powers)
- If the evidentiary matter is readily
available, the Regional Office retains
jurisdiction
- If evidentiary matter are not readily
available the R.O will have to elevate
the case to the Labor Arbiter
IF NOT CONTESTED (arising from Visitorial
Powers)
- Regional Office retains Jurisdiction
o Money claims of OFW,
including disability and death
benefits under R.A. 8042
o Over church men pertaining to
Secular Matters not religious
matters
o GOCC w/o Original Charter
o 3rd party c0mplaint in relation
to a writ of execution
o Collateral matters
- any matter that is incidental to the
matter over which the LA has
jurisdiction
o Decisions of the LA pursuant to
RA 9042
o Decisions of the LA regarding
wage distortion in an
unorganized establishment
Initial jurisdiction is with NCMB
If conciliation/mediation fail, the NCMB shall
transmit the matter to the Regional Arbitration
Branch of the NLRC.
Labor Arbiter has Jurisdiction, Appealable to the
NLRC
- Art 129 of the LC
ULP ER
1. Yellow-Dog contract
2. Discrimination
 - Per se is not ULP
- But if designed to dampen unionism
3. Company Unionism
- Union organized by the company
- Captive union
4. Contracting out of services
- Per se is not ULP
- However if the same is beyond 6
months, the same becomes ULP, leaving
the union member nothing to work for
5. Flagrant and Gross violation of the CBA
Salary, wages, compensation, consideration
are the same, it is but a matter of legal
semantics. But in case of Art.1708, in the
matter of execution and garnishment there has
to be a distinction.
Salary – paid to employees
Wages – laborers who do manual labor
LABOR CODE
Def.

BLR
- inter-union disputes (representative
disputes)
- intra- union disputes (organizational
disputes)
- register union
- register CBA
- award of damages in relation to its
functions

PADRONE SYSTEM
- a form of involuntary servitude

ART.12 Sec.6
Principle of Distributive Justice
- no one has an absolute right over his
property

ART.13
1. Right to self organization
2. Right to collective bargaining
3. Right to collective negotiations
4. Right to security of tenure
5. Right to a living wage
6. Right to Just and humane conditions of
work
7. Right to participate in policy and
decision making processes
8. Right to profit sharing benefits
- In the absence of a law, this right cannot
be demanded
- This is given out on account pursuant to
a CBA, company practice or policy
- Given as a matter of privilege by the
employer

CIVIL CODE PROVISIONS

1. PRINCIPLE OF NON-OPPRESSION
- Neither capital nor labor shall act
oppressively with each other
- Both factors of labor and capital are
equally protected
2. Laborers wages are not subject to
execution or garnishment. Art.1708