5/19/17

BOOK FIVE – LABOR

RELATIONS

LABOR RELATIONS
•  refers to --

•  the interac(on between

•  employers and employees or
•  their representa9ves,

and

•  the mechanism by which

•  the standards and
•  other terms and condi9ons of employment are
•  nego9ated,
•  adjusted, and
•  enforced.

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OVERVIEW
1.  Individual worker
2.  Workers organize themselves into a union or some other form of
associa9on
3.  They get cer9fied as a bargaining agent
4.  They bargain with the employer
5.  A CBA is executed
6.  CBA is implemented
7.  Grievances are addressed
8.  Grievances escalate, ULPs are commiTed
9.  Workers strike or employer locks out
10.  Cases are filed with NLRC or Secretary assumes jurisdic9on

Book Five
Title
I – Policy and Defini9ons
V – Coverage
IV – Labor Organiza9on
Chapter 1 – Registra9on and Cancella9on
Chapter 2 – Rights and Condi9ons of Membership
Chapter 3 – Rights of Legi9mate Labor Organiza9ons

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Book Five
Title
VII – Collec9ve Bargaining and Administra9on of Agreement
Part 1 – Concept and Procedure
Part 2 – Employee Representa9on and Par9cipa9on

VII-A – Grievance Machinery and Voluntary Arbitra9on

VIII – Strikes and Lockouts

Book Five
Title
II. Na9onal Labor Rela9ons Commission
Chapter 1 – Crea9on and Composi9on
Chapter 2 – Powers and Du9es
Chapter 3 – Appeal

III. Bureau of Labor Rela9ons

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Title I – Policy and Definitions

ARTICLE 218 [211]. Declaration of

policy.
• To promote and emphasize the primacy of free collec9ve
bargaining and nego9a9ons, including voluntary arbitra9on,
media9on and concilia9on, as modes of seTling labor or
industrial disputes;

• Consensual solu9on is best.

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ARTICLE 218 [211]. Declaration of

policy.
• To promote free trade unionism as an instrument for the
enhancement of democracy and the promo9on of social
jus9ce and development;

• To foster the free and voluntary organiza9on of a strong and

united labor movement;

• In unity there is strength.

ARTICLE 218 [211]. Declaration of

policy.
• To promote the enlightenment of workers concerning their
rights and obliga9ons as union members and as employees;

• You cannot assert what you don’t know.

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ARTICLE 218 [211]. Declaration of

policy.
• To provide an adequate administra9ve machinery for the
expedi9ous seTlement of labor or industrial disputes;

• The faster, the less acrimonious.

ARTICLE 218 [211]. Declaration of

policy.
• To ensure a stable but dynamic and just industrial peace; and

• Peace = ul9mate goal.

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ARTICLE 218 [211]. Declaration of

policy.
• To ensure the par9cipa9on of workers in decision and policy-
making processes affec9ng their rights, du9es and welfare.

ARTICLE 218 [211]. Declaration of

policy.

• no court or administra-ve agency or official shall have the

power to set or fix
•  wages,
•  rates of pay,
•  hours of work or
•  other terms and condi9ons of employment,
•  except as otherwise provided under this Code.

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Title V - Coverage

Article 253 [243] - Coverage and

employees' right to self-organization
• All persons employed in commercial, industrial and
agricultural enterprises and in religious, charitable,
medical or educa9onal ins9tu9ons whether opera9ng
for profit or not, shall have the right to self-
organiza9on and to form, join or assist labor
organiza9ons of their own choosing for purposes of
collec9ve bargaining.

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ARTICLE 254 [244]. Right of employees

in the public service.
Employees of government corpora9ons established under the
Corpora9on Code shall have the right to organize and to
bargain collec9vely with their respec9ve employers. All other
employees in the civil service shall have the right to form
associa9ons for purposes not contrary to law.

ARTICLE 255 [245]. Ineligibility of managerial

employees to join any labor organization;
right of supervisory employees.
Managerial employees are not eligible to join, assist or form
any labor organiza9on. Supervisory employees shall not be
eligible for membership in a labor organiza9on of the rank-
and-file employees but may join, assist or form separate labor
organiza9ons of their own.

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Article 292 [277]. Miscellaneous

Provisions
• (c) Any employee,

• whether employed for a definite period or not, shall,

• beginning on his first day of service,

• be considered as an employee for purposes of membership

in any labor union.

Who may unionize for collective

bargaining.
1.  Employees of commercial, industrial and agricultural enterprises
2.  Employees of religious, charitable, medical or educa9onal ins9tu9ons
3.  Employees of government corpora9ons established under the
Corpora9on Code
4.  Supervisory employees
5.  Alien employees
6.  Working children
7.  Homeworkers
8.  Employees of coopera9ves
9.  Employees of legi9mate contractors with respect to the contractor

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Supervisory employees
•  'Managerial employee' is one who is vested with powers or
preroga9ves to lay down and execute management policies and/or
hire, transfer, suspend, lay-off, recall, discharge, assign or discipline
employees.
•  Supervisory employees are those who, in the interest of the
employer, effec9vely recommend such managerial ac9ons if the
exercise of such authority is not merely rou9nary or clerical in nature
but requires the use of independent judgment.
•  All employees not falling within any of the above defini9ons are
considered rank-and-file employees for purposes of this Book.

Supervisory employees
• Supervisory employees shall not be eligible for membership
in a labor organiza9on of the rank-and-file employees but
may join, assist or form separate labor organiza9ons of their
own.

• Supervisory employees included in a rank and file union are

deemed automa9cally removed from membership in that
union by opera9on of law.

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Aliens
• Requirements:

•  Valid working permit; and

•  Na9onal of country which:

•  Grants similar rights to Filipinos; or

•  Has ra9fied ILO Conven9on 87 or 98

Cooperative employees
• Benguet Electric Coopera-ve, Inc. v. Ferrer-Calleja, G.R. No.
79025. December 29, 1989.

• Applicable to employees who are neither members nor co-

owners of the coopera9ve.

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Article 253 [243] - Coverage and

employees' right to self-organization
• Ambulant, intermiTent and i9nerant workers, self-
employed people, rural workers and those without
any definite employers may form labor organiza9ons
for the purpose of enhancing and defending their
interests and for their mutual aid and protec9on.

No right to CBA

Who may unionize for mutual aid and

protection.
1.  Ambulant, intermiTent and i9nerant workers,
2.  self-employed people,
3.  rural workers and
4.  those without any definite employers

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USTFU v. Bitonio, Jr.; GR 131235

• Corollary to [the right to form, join or assist a union] is the
preroga9ve not to join, affiliate with or assist a labor union.

• Therefore, to become a union member, an employee must,

as a rule, not only signify the intent to become one, but also
take some posi9ve steps to realize that intent. The procedure
for union membership is usually embodied in the union's
cons9tu9on and bylaws.

Who cannot form, join, or assist labor

organizations?

• Managerial employees

• Confiden9al employees

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Managerial Employees
•  'Managerial employee' is one who is vested with powers or
preroga9ves to lay down and execute management policies and/or
hire, transfer, suspend, lay-off, recall, discharge, assign or discipline
employees.
•  Supervisory employees are those who, in the interest of the
employer, effec9vely recommend such managerial ac9ons if the
exercise of such authority is not merely rou9nary or clerical in nature
but requires the use of independent judgment.
•  All employees not falling within any of the above defini9ons are
considered rank-and-file employees for purposes of this Book.

United Pepsi-Cola
Supervisory Union v.
Laguesma
G.R. No. 122226. March 25, 1998

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3 Levels of Management
Top management
————————
Middle
Management
—————————
First-Line
Management
(also called
Supervisor)

TOP MANAGERS
• Composed of a compara9vely small group of execu9ves, top
management is responsible for the overall management of
the organiza9on.
• It establishes opera9ng policies and guides the organiza9on's
interac9ons with its environment.
• Typical 9tles of top managers are "chief execu-ve officer,"
"president," and "senior vice-president." Actual 9tles vary
from one organiza9on to another and are not always a
reliable guide to membership in the highest management
classifica9on.

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MIDDLE MANAGERS
• The term middle management can refer to more than one
level in an organiza9on.
• Middle managers direct the ac9vi9es of other managers and
some9mes also those of opera9ng employees.
• Middle managers' principal responsibili9es are to direct the
ac9vi9es that implement their organiza9ons' policies and to
balance the demands of their superiors with the capaci9es of
their subordinates. A plant manager in an electronics firm is
an example of a middle manager.

FIRST-LINE MANAGERS
• The lowest level in an organiza9on at which individuals are
responsible for the work of others is called first-line or first-
level management.
• First-line managers direct opera-ng employees only; they
do not supervise other managers.
• Examples of first-line managers are the "foreman" or
produc-on supervisor in a manufacturing plant, the
technical supervisor in a research department, and the
clerical supervisor in a large office. First-level managers are
open called supervisors.

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• The first-line managers are allowed to form, join,

or assist unions.

• But they cannot unionize together with rank and

file employees.

Reason for segregation

• Difference in their interests.
• Supervisory employees are more closely iden9fied with the
employer than with the rank-and-file employees.
• If supervisory and rank-and-file employees in a company are
allowed to form a single union, the conflic-ng interests of
these groups impair their rela9onship and adversely affect
discipline, collec9ve bargaining, and strikes.

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Reason for segregation

• Difference in their interests.
• Supervisory employees are more closely iden9fied with the
employer than with the rank-and-file employees.
• If supervisory and rank-and-file employees in a company are
allowed to form a single union, the conflic-ng interests of
these groups impair their rela9onship and adversely affect
discipline, collec9ve bargaining, and strikes.

Segregation applies to affiliation as well.

• These consequences can obtain not only in cases where
supervisory and rank-and-file employees in the same
company belong to a single union but also where unions
formed independently by supervisory and rank-and-file
employees of a company are allowed to affiliate with the
same na-onal federa-on.

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Conditions for segregation:

• First, the rank-and-file employees are directly
under the authority of supervisory employees.

• Second, the na9onal federa9on is ac9vely

involved in union ac9vi9es in the company.

Confidential Employees

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SMC Supervisors and Exempt Employees

Union v. Laguesma; GR 110399, August 15,
1997
• Confiden9al employees are those who –

1.  assist or act in a confiden9al capacity,

2.  to persons who formulate, determine, and

effectuate management policies in the field of
labor rela-ons.

SMC Supervisors and Exempt Employees

Union v. Laguesma; GR 110399, August 15,
1997
• The two criteria are cumula9ve, and both must be
met if an employee is to be considered a confiden9al
employee — that is, the confiden9al rela9onship must
exist between the employee and his supervisor, and
the supervisor must handle the prescribed
responsibili9es rela9ng to labor rela9ons.

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Examples of disqualified confidential

employees
1.  Accoun9ng personnel, radio and telegraph operators, who having
access to confiden9al informa9on, may become the source of
undue advantage. [Golden Farms, Inc. v. Ferrer-Calleja; GR 78755]
2.  Division secretaries, all Staff of General Management, Personnel
and Industrial Rela9ons Department, Secretaries of Audit, EDP and
Financial Systems. [Philips Ind’l Dev’t, Inc. v. NLRC; GR 88957]
3.  Legal secretaries [Pier 8 Arrastre & Stevedoring Services, Inc. v.
Roldan-Confesor; GR 110854]

Appropriate Bargaining Unit

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Bargaining Unit
• A group of employees
• sharing mutual interests within a given employer unit,
• comprised of all or less than all of the en9re body of
employees in
• the employer unit or
• any specific occupa9onal or geographical grouping within
such employer unit.

[Sec9on 1, Rule I, Book V of the Labor Code's Implemen9ng Rules]

Bargaining Unit
• No hard and fast rule to determine ABU

• the basic test of a bargaining unit's acceptability

is the "combina9on which will best assure to all
employees the exercise of their collec9ve
bargaining rights[.]“ [Holy Child Catholic School
v. Sto. Tomas; GR 179146]

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Jurisprudential Tests
1.  Community or mutuality of interest doctrine
2.  Globe doctrine [will of employees]
3.  Collec9ve bargaining history doctrine; and
4.  Employment status doctrine

Holy Child Catholic School v. Sto. Tomas

GR 179146
• based on the nature of their work,

• employees in the administra-ve, sales and dispensary

departments

have no community of interest with

• raw leaf, cigar, cigareLe and packing and engineering and

garage departments whose employees are involved in
produc9on and maintenance.

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Holy Child Catholic School v. Sto. Tomas

GR 179146
• "piece workers . . . employed on a casual or day to day
basis [who do not] have reasonable basis for
con9nued or renewed employment for any
appreciable . . . 9me[,]

No sufficient mutual interest with

• permanent or regular employees."

SMC v. Laguesma; GR 100485

• There is similarity of employment status for only the regular
sales personnel in the north Luzon area are covered. They
have the same du-es and responsibili-es and substan9ally
similar compensa-on and working condi-ons. The
commonality of interest among the sales personnel in the
north Luzon sales area cannot be gainsaid.

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SMC v. Laguesma; GR 100485

•  Pe99oner cannot insist that each of the sales office of Magnolia should
cons9tute only one bargaining unit.
•  What greatly militates against this posi9on is the meager number of sales
personnel in each of the Magnolia sales office in northern Luzon.
•  Even the bargaining unit sought to be represented by respondent union in
the en9re north Luzon sales area consists only of approximately fipy-five
(55) employees.
•  Surely, it would not be for the best interest of these employees if they
would further be frac9onalized. The adage "there is strength in number" is
the very ra9onale underlying the forma9on of a labor union.

ISAE v. Quisumbing; GR 128845

•  foreign-hires do not belong to the same bargaining unit as the local-
hires. . . . It does not appear that foreign-hires have indicated their
inten9on to be grouped together with local-hires for purposes of
collec9ve bargaining.
•  The collec9ve bargaining history in the School also shows that these
groups were always treated separately.

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ISAE v. Quisumbing; GR 128845

•  Foreign-hires have limited tenure; local-hires enjoy security of tenure.
Although foreign-hires perform similar func9ons under the same working
condi9ons as the local-hires, foreign-hires are accorded certain benefits
not granted to local-hires.

•  These benefits, such as housing, transporta9on, shipping costs, taxes, and

home leave travel allowance, are reasonably related to their status as
foreign-hires, and jus9fy the exclusion of the former from the laTer. To
include foreign-hires in a bargaining unit with local-hires would not assure
either group the exercise of their respec9ve collec9ve bargaining rights.

Title IV – Labor Organizations

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Title IV – Labor Organizations

• Chapter 1 – Registra9on and Cancella9on
• Chapter 2 – Rights and Condi9ons of Membership
• Chapter 3 – Rights of Legi9mate Labor Organiza9ons

Labor Organizations
• LABOR ORGANIZATION (LO) --

• Union or associa9on of employees for:

1.  collec9ve Bargaining,

2.  mutual aid, interest, coopera9on, protec9on,
or
3.  other lawful purposes

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Union vs. Workers’ Association (WA)

• UNION = LO + collec9ve bargaining and other
legi9mate purposes

• WA = LO + purpose other than collec9ve bargaining

Legitimate Labor Organization (LLO)

LO + Registra9on

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Legitimate Workers’ Association (LWA)

WA + Registra9on

Sole and Exclusive Bargaining Agent

(SEBA)

LLO + Recogni9on or Cer9fica9on

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2 modes of creating a Labor Organization

1.  Independent registra9on [Art 240]

2.  Chartering of a local chapter or a chartered local [Art. 241]

ART 240. Requirements of Registration

• A federa9on
• na9onal union
• industry or trade union center or
• an independent union

shall acquire legal personality and shall be en9tled to the

rights and privileges granted by law to legi9mate labor
organiza9ons upon issuance of the cer-ficate of registra-on
based on the following requirements:

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ART 240. Requirements of Registration

a.  Fipy-pesos (P50.00) registra9on fee;
b.  The names of its officers, their addressees, the principal address of the
labor organiza9on, the minutes of the organiza9onal mee9ngs and the
list of the workers who par9cipated in such mee9ngs;
c.  In case the applicant is an independent union, the names of all its
members comprising at least twenty percent (20%) of all the
employees in the bargaining unit where it seeks to operate;
d.  If the applicant union has been in existence for one or more years,
copies of its annual financial reports; and
e.  Four (4) copies of the cons9tu9on and by-laws of the applicant union,
minutes of its adop9on or ra9fica9on, and the list of the members
who par9cipated in it.

Registration not ministerial upon

submission of requirements.
•  It cannot be over-emphasized that the registra9on or the recogni9on of a
labor union aper it has submiTed the corresponding papers is not
ministerial on the part of the BLR.
•  Far from it. Aper a labor organiza9on has filed the necessary registra9on
documents, it becomes mandatory for the BLR to check if the
requirements under Art. [240] of the Labor Code have been sedulously
complied with.
•  If the union's applica9on is infected by falsifica9on and like serious
irregulari9es, especially those appearing on the face of the applica9on and
its aTachments, a union should be denied recogni9on as a legi9mate labor
organiza9on.
•  [S.S. Ventures Int’l, Inc. v. S.S. Ventures Labor Union; GR 161690]

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Strict Compliance Required; Reason

• The mandate of the Labor Code is to ensure strict
compliance with the requirements on registra9on because a
legi-mate labor organiza-on is en-tled to specific rights
under the Labor Code, and are involved in ac9vi9es directly
affec9ng maTers of public interest.

• [SMCEU-PTGWO v. PMPPEU-PDMP; GR 171153]

Strict Compliance Required; Reason

• Registra-on requirements are intended to afford a measure
of protec-on to unsuspec9ng employees who may be lured
into joining unscrupulous or fly-by-night unions whose sole
purpose is to control union funds or use the labor
organiza9on for illegi9mate ends.

• SMCEU-PTGWO v. PMPPEU-PDMP; GR 171153

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SEC Incorporation ≠ BLR Registration

20% ABU Membership Requirement

•  While it is true that the withdrawal of support may be considered
as a resigna9on from the union, the fact remains that at the 9me
of the union's applica9on for registra9on, the affiants were
members of respondent and they comprised more than the
required 20% membership for purposes of registra9on as a labor
union.
•  Ar9cle [240] of the Labor Code merely requires a 20% minimum
membership during the applica-on for union registra9on. It
does not mandate that a union must maintain the 20% minimum
membership requirement all throughout its existence.
•  Mariwasa Siam Ceramics, Inc. v. Secretary; G.R. No. 183317

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Art. 241 Chartering and Creation of a

Local Chapter
• A duly registered federa9on or na9onal union may directly
create a local chapter by issuing a charter cer-ficate
indica9ng the establishment of the local chapter.

• The chapter shall acquire legal personality only for purposes

of filing a pe--on for cer-fica-on elec-on from the date it
was issued a charter cer9ficate.

Art. 241 Chartering and Creation of a

Local Chapter
• The chapter shall be en9tled to all other rights and
privileges of a legi9mate labor organiza9on only upon the
submission of the following documents in addi9on to its
charter cer9ficate:
a.  The names of the chapter's officers, their addresses, and the
principal office of the chapter; and
b.  The chapter's cons9tu9on and by-laws: Provided, That where
the chapter's cons9tu9on and by-laws are the same as that of
the federa9on or the na9onal union, this fact shall be indicated
accordingly.

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SMCEU-PTGWO v. PMPPEU-PDMP
GR 171153
• The intent of the law in imposing less requirements in the
case of a branch or local of a registered federa9on or
na9onal union is to encourage the affilia9on of a local union
with a federa9on or na9onal union in order to increase the
local union's bargaining powers respec9ng terms and
condi9ons of labor.

Art. 244. Additional Requirements for

Federations or National Unions.
Subject to Ar9cle 245, if the applicant for registra9on is a federa9on or
a na9onal union, it shall, in addi9on to the requirements of the
preceding Ar9cles submit the following:
a.  Proof of the affilia-on of at least ten (10) locals or chapters, each
of which must be a duly recognized collec-ve bargaining agent in
the establishment or industry in which it operates, suppor9ng the
registra9on of such applicant federa9on or na9onal union; and
b.  The names and addresses of the companies where the locals or
chapters operate and the list of all the members in each company
involved.

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National Union / Federation

LLO + 10 SEBA locals or chapters

Mother union = agent; Local union = principal

NUBE v. Philnabank Employees Assn GR
174287
•  Mere affilia9on does not divest the local union of its own
personality, neither does it give the mother federa9on the
license to act independently of the local union.
•  It only gives rise to a contract of agency, where the former acts in
representa9on of the laTer. Hence, local unions are considered
principals while the federa-on is deemed to be merely their
agent.
•  As such principals, the unions are en9tled to exercise the rights
and privileges of a legi9mate labor organiza9on, including the
right to seek cer9fica9on as the sole and exclusive bargaining
agent in the appropriate employer unit.

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Disaffiliation
NUBE v. Philnabank Employees Assn GR
174287
• A local union has the right to disaffiliate from its
mother union or declare its autonomy.

Disaffiliation
NUBE v. Philnabank Employees Assn GR
174287

• A local union, being a separate and voluntary associa9on, is

free to serve the interests of all its members

• including the freedom to disaffiliate or declare its autonomy

from the federa9on which it belongs when circumstances
warrant, in accordance with the cons9tu9onal guarantee of
freedom of associa9on.

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Disaffiliation
NUBE v. Philnabank Employees Assn GR
174287

• In the absence of specific provisions in the federa9on's

cons9tu9on prohibi9ng disaffilia9on or the declara9on of
autonomy of a local union, a local may dissociate with its
parent union.

Disaffiliation
Abaria v. NLRC GR 154113

• A local union which is not independently registered cannot,

upon disaffilia9on from the federa9on, exercise the rights
and privileges granted by law to legi9mate labor
organiza9ons; thus, it cannot file a pe99on for cer9fica9on
elec9on.

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Cancellation of Union
Registration

• ARTICLE 245. Cancella9on of Registra9on. — The cer9ficate

of registra9on of any legi9mate labor organiza9on, whether
na9onal or local, may be cancelled by the Bureau, aper due
hearing, only on the grounds specified in Ar-cle 247 hereof.

• ARTICLE 246. Effect of a Pe99on for Cancella9on of

Registra9on. — A pe99on for cancella9on of union
registra9on shall not suspend the proceedings for
cer-fica-on elec-on nor shall it prevent the filing of a
pe99on for cer9fica9on elec9on.
• In case of cancella9on, nothing herein shall restrict the right
of the union to seek just and equitable remedies in the
appropriate courts.

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Grounds for Cancellation [Art. 247]

The following may cons9tute grounds for cancella9on of union
registra9on:
a.  Misrepresenta9on, false statement or fraud in connec9on with the
adop9on or ra9fica9on of the cons9tu9on and by-laws or
amendments thereto, the minutes of ra9fica9on, and the list of
members who took part in the ra9fica9on;
b.  Misrepresenta9on, false statements or fraud in connec9on with the
elec9on of officers, minutes of the elec9on of officers, and the list
of voters;
c.  Voluntary dissolu9on by the members.

Add’l Ground under Art. 250

• Any viola-on of the above rights and condi-ons of
membership shall be a ground for cancella9on of union
registra9on or expulsion of an officer from office, whichever
is appropriate.
•  At least thirty percent (30%) of all the members of a union or
•  any member or members specifically concerned
•  may report such viola9on to the Bureau.
• The Bureau shall have the power to hear and decide any
reported viola9on to mete the appropriate penalty.

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Prohibited Ground [Art. 256]

• The inclusion as union members of employees outside the
bargaining unit shall not be a ground for the cancella9on of
the registra9on of the union. Said employees are
automa9cally deemed removed from the list of membership
of said union.

Collateral attack prohibited.

• Aper a cer9ficate of registra9on is issued to a union,
its legal personality cannot be subject to a collateral
aTack.

• It may be ques9oned only in an independent pe99on

for cancella9on.

42
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Voluntary Cancellation of Registration.

•  The registra9on of a legi9mate labor organiza9on may be
cancelled by the organiza9on itself:

•  Provided, That at least two-thirds, of its general membership

votes, in a mee9ng duly called for that purpose to dissolve the
organiza9on:

•  Provided, further, That an applica-on to cancel registra-on is

thereaper submiTed by the board of the organiza9on, aTested
to by the president thereof.

Rights and Conditions of

Membership

43
 5/19/17

USTFU v. Bitonio, Jr.; GR 131235

• An employee who becomes a union member --

• acquires the rights and the concomitant obliga9ons that

go with this new status and

• becomes bound by the union's rules and regula9ons.

•  (unless contrary to good morals or public policy, or otherwise

illegal)

Election of Union Officers

• The members shall directly elect their officers in the
local union, as well as their na9onal officers in the
na9onal union or federa9on to which they or their
local union is affiliated, by secret ballot at intervals of
five (5) years. No qualifica9on requirement for
candidacy to any posi9on shall be imposed other than
membership in good standing in subject labor
organiza9on.

44
 5/19/17

USTFU v. Bitonio, Jr.; GR 131235

• A union elec9on is held pursuant to the union's
cons9tu9on and bylaws, and the right to vote in it is
enjoyed only by union members.

Union Dues
• All unions are authorized to collect reasonable
• membership fees,
• union dues,
• assessments and fines and
• other contribu9ons for labor educa9on and research,
mutual death and hospitaliza9on benefits, welfare fund,
strike fund and credit and coopera9ve undertakings.
[Art. 292]

45
 5/19/17

Limit
• No arbitrary or excessive ini-a-on fees shall be
required of the members of a legi9mate labor
organiza9on
• nor shall arbitrary, excessive or oppressive fine
and forfeiture be imposed;

Levy
• No special assessment or other extraordinary fees
may be levied upon the members of a labor
organiza9on unless authorized by
• a wriTen resolu9on
• of a majority of all the members
• at a general membership mee9ng
• duly called for the purpose.

46
 5/19/17

Palacol v. Ferrer-Calleja; GR 85333

• The conten9on of the Union that "the local membership
mee9ngs are precisely the very general mee9ngs required by
law" is untenable because the law would not have specified a
general membership mee9ng had the legisla9ve intent been
to allow local mee9ngs in lieu of the laTer.

Check-Off
• Other than for mandatory ac9vi9es under this Code, no
special assessment, aTorney's fees, nego9a9on fees or any
other extraordinary fees may be checked off from any
amount due to an employee without an individual wriTen
authoriza9on duly signed by the employee. The
authoriza9on should specifically state the amount, purpose
and beneficiary of the deduc9on

47
 5/19/17

ABS-CBN SEUM v. ABS-CBN; GR

106518
• "A check-off is a process or device whereby the
employer, on agreement with the Union, recognized
as the proper bargaining representa9ve, or on prior
authoriza9on from its employees, deducts union dues
or agency fees from the laTer's wages and remits
them directly to the union."

• Union dues check-off requires individual wriTen

authoriza9on from union member. [Art. 250(o)]

• Agency fee check-off does not require. [Art. 259(e)]

48
 5/19/17

Palacol v. Ferrer-Calleja; GR 85333

• Paragraph (o) on the other hand requires an individual
wriTen authoriza9on duly signed by every employee in order
that a special assessment may be validly checked-off.

Palacol v. Ferrer-Calleja; GR 85333

• Even assuming that the special assessment was validly levied
pursuant to paragraph (n), and gran9ng that individual
wriTen authoriza9ons were obtained by the Union,
nevertheless there can be no valid check-off considering that
the majority of the union members had already withdrawn
their individual authoriza9ons. A withdrawal of individual
authoriza9ons is equivalent to no authoriza9on at all.

49
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Palacol v. Ferrer-Calleja; GR 85333

• Paragraph (n) refers to "levy" while paragraph (o) refers to
"check-off" of a special assessment. Both provisions must be
complied with.

Palacol v. Ferrer-Calleja; GR 85333

• Paragraph (n) refers to "levy" while paragraph (o) refers to
"check-off" of a special assessment. Both provisions must be
complied with.

50
 5/19/17

Palacol v. Ferrer-Calleja; GR 85333

• Paragraph (n) refers to "levy" while paragraph (o) refers to
"check-off" of a special assessment. Both provisions must be
complied with.

Palacol v. Ferrer-Calleja; GR 85333

• Paragraph (n) refers to "levy" while paragraph (o) refers to
"check-off" of a special assessment. Both provisions must be
complied with.

51
 5/19/17

ABS-CBN SEUM v. ABS-CBN; GR

106518
• Ar9cle 241 speaks of three (3) requisites that must be
complied with in order that the special assessment for
Union's incidental expenses, aTorney's fees and
representa9on expenses, as s9pulated in the CBA, be valid
and upheld namely: (1) authoriza9on by a wriTen resolu9on
of the majority of all the members at the general
membership mee9ng duly called for the purpose; (2)
secretary's record of the minutes of the mee9ng; and (3)
individual wriTen authoriza9on for check-off duly signed by
the employee concerned.

Rights of Legitimate Labor

Organizations

52
 5/19/17

SEBA
• To act as the representa9ve of its members for the
purpose of collec9ve bargaining;

• To be cer9fied as the exclusive representa9ve of all

the employees in an appropriate collec9ve bargaining
unit for purposes of collec9ve bargaining;

Philipippine Diamond Hotel and Resort, Inc. v.

Manila Diamond Hotel Employees Union. GR
158075
• As Ar9cle 255 declares, only the labor organiza9on
designated or selected by the majority of the employees in
an appropriate collec9ve bargaining unit is the exclusive
representa9ve of the employees in such unit for the purpose
of collec9ve bargaining.
• The union is admiTedly not the exclusive representa9ve of
the majority of the employees of pe99oner, hence, it could
not demand from pe99oner the right to bargain collec9vely
in their behalf.

53
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Philipippine Diamond Hotel and Resort, Inc. v.

Manila Diamond Hotel Employees Union. GR
158075
• It insists, however, that it could validly bargain in behalf of
"its members," relying on Ar9cle [251] of the Labor Code.
Respondent's reliance on said ar9cle, a general provision on
the rights of legi9mate labor organiza9ons, is misplaced, for
not every legi-mate labor organiza-on possesses the rights
men-oned therein. Ar-cle [251] (a) must be read in
rela-on to above-quoted Ar-cle [267].

Financial Information
• To be furnished by the employer, upon wriTen request,
with his annual audited financial statements, including the
balance sheet and the profit and loss statement,
• within thirty (30) calendar days from the date of receipt of
the request,

1.  aper the union has been duly recognized by the

employer or cer9fied as the sole and exclusive
bargaining representa9ve of the employees in the
bargaining unit, or
2.  within sixty (60) calendar days before, or
3.  during the collec9ve bargaining nego9a9on;

54
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Sole and Exclusive

Bargaining Agent

ARTICLE 267. Exclusive Bargaining Representa9on and

Workers Par9cipa9on in Policy and Decision-making.
• The labor organiza9on designated or selected by the
majority of the employees in an appropriate collec9ve
bargaining unit shall be the exclusive representa9ve of
the employees in such unit for the purpose of
collec9ve bargaining.

55
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ARTICLE 267. Exclusive Bargaining Representa9on and

Workers Par9cipa9on in Policy and Decision-making.
• However, an individual employee or group of
employees shall have the right at any 9me to present
grievances to their employer.

Modes of Determining the SEBA

1.  Request for SEBA cer9fica9on
2.  Cer9fica9on elec9on
3.  Consent elec9on
4.  Run-off elec9on
5.  Re-run elec9on

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Request for SEBA certification

• Only 1 legi9mate union
• If more than 1, a cer9fica9on elec9on should be
conducted.
If more than 1 with SEBA, MedArb will
determjne proprietat of certification election
• No CBA

• Request must be supported by a majority of the

employees in the covered bargaining unit.

Certification Election
Two kinds of establishments:

1.  Organized (SEBA, even if no CBA)

2.  Unorganized (no SEBA)

Difference???.

57
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Certification Election in
Organized Establishments

1.  Freedom period

2.  Verified PCE

3.  WriTen support of at least 25% of the EEs in the bargaining

unit

Certification Election in
Unorganized Establishments
1.  In any establishment where there is no cer9fied bargaining
agent, a cer9fica9on elec9on shall automa-cally be
conducted by the Med-Arbiter upon the filing of a pe--on
by a legi9mate labor organiza9on.

2.  When requested to bargain collec9vely, an employer may

pe--on the Bureau for an elec9on. If there is no exis9ng
cer9fied collec9ve bargaining agreement in the unit, the
Bureau shall, aper hearing, order a cer9fica9on elec9on.

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Consent Election
• "Cer9fica9on Elec9on" or "Consent Elec9on" refers to the
process of determining through secret ballot the sole and
exclusive representa9ve of the employees in an appropriate
bargaining unit for purposes of collec9ve bargaining or
nego9a9on.

• A cer9fica9on elec9on is ordered by the Department, while a

consent elec-on is voluntarily agreed upon by the par-es,
with or without the interven-on by the Department.

Run-Off Election
• An elec9on between the labor unions receiving the two (2)
highest number of votes in a cer9fica9on or consent elec9on
• with three (3) or more choices,
• where such a cer9fied or consent elec9on results in none
of the three (3) or more choices receiving the majority of
the valid votes cast;
• provided that the total number of votes for all contending
unions is at least fipy percent (50%) of the number of
votes cast.

59
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Run-Off Election
• Unions: A, B, C, and D

• Eligible voters: 100

• Valid votes cast: 100

Run-Off Election
•  Union A -- 35
•  Union B -- 25
•  Union C -- 10
•  Union D – 15
•  No union – 15

60
 5/19/17

Run-Off Election
•  Union A -- 35 •  Valid votes cast for contending
•  Union B -- 25 unions = 85 (more than 50%)
•  Union C -- 10
•  Union D – 15 •  Run-off will be between
Unions A and B
•  No union – 15

•  If “no union” gets more than

50 votes, no run-off. No union
wins.

Re-Run Election
• An elec9on conducted to break a 9e between contending
unions, including between "no union" and one of the
unions.

• It shall likewise refer to an elec9on conducted aper a

failure of elec9on has been declared by the elec9on officer
and/or affirmed by the mediator-arbiter.
•  There is failure when the number of valid votes cast is less
than the majority and there are no challenged votes that cout
materially change the results.

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Notable Points
• Double majority rule
• Dismissed EEs who have contested the validity of their
dismissal may vote.
• List of qualified voters may be ques9oned during pre-
elec9on conference only
• The ballot of a voter who has been properly challenged
during the pre-elec9on conference shall be segregated
• Protest must be raised immediately aper the last ballot is
cast and formalized within 5 days therefrom.

Collective Bargaining

62
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Meaning of Duty to Bargain Collectively.

• The duty to bargain collec9vely means the performance of a
mutual obliga9on to meet and convene promptly and
expedi9ously in good faith for the purpose of nego-a-ng an
agreement with respect to wages, hours of work and all
other terms and condi9ons of employment including
proposals for adjus9ng any grievances or ques9ons arising
under such agreements and execu-ng a contract
incorpora9ng 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.

ER has no duty to bargain where there is no SEBA

63
 5/19/17

NUWHRAIN v. CA; GR 163942

•  the Union officers and members' concerted ac-on to shave their
heads and crop their hair not only violated the Hotel's Grooming
Standards but also violated the Union's duty and responsibility to
bargain in good faith.
•  xxx the Union's ac9on to have their officers and members' heads
shaved was manifestly calculated to antagonize and embarrass the
Hotel management and in doing so effec9vely disrupted the
opera9ons of the Hotel and violated their duty to bargain collec9vely
in good faith.

CREA v. Brillantes; GR 123782

• bargaining is not equivalent to an adversarial li9ga9on where
rights and obliga9ons are delineated and remedies applied.

• It is simply a process of finding a reasonable solu-on to a

conflict and harmonizing opposite posi9ons into a fair and
reasonable compromise.

64
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Duty to Bargain Collectively in the

Absence of Collective Bargaining
Agreements.
• In the absence of an agreement or other voluntary
arrangement providing for a more expedi9ous manner
of collec9ve bargaining, it shall be the duty of
employer and the representa9ves of the employees to
bargain collec9vely in accordance with the provisions
of this Code.

Duty to Bargain Collectively When There

Exists a Collective Bargaining
Agreement.
•  When there is a collec9ve bargaining agreement, the duty to
bargain collec9vely shall also mean that neither party shall
terminate nor modify such agreement during its life-me.
•  However, either party can serve a wriTen no9ce to terminate or
modify the agreement at least sixty (60) days prior to its
expira9on date.
•  It shall be the duty of both par9es to keep the status quo and to
con9nue in full force and effect the terms and condi9ons of the
exis9ng agreement during the 60-day period and/or un9l a new
agreement is reached by the par9es.

65
 5/19/17

Pier 8 Arrastre & Stevedoring Services,

Inc. v. Roldan-Confesor; GR 110854
• although a CBA has expired, it con9nues to have legal effects
as between the par9es un9l a new CBA has been entered
into.
• It is the duty of both par9es to the CBA to keep the status
quo, and to con-nue in full force and effect the terms and
condi-ons of the exis-ng agreement during the 60-day
freedom period and/or un-l a new agreement is reached by
the par-es.

New Pacific Timber & Supply Co. v.

NLRC
GR 124224
• The law does not provide for any excep9on nor
qualifica9on as to which of the economic provisions of
the exis9ng agreement are to retain force and effect;
therefore, it must be understood as encompassing all
the terms and condi-ons in the said agreement.

66
 5/19/17

New Pacific Timber & Supply Co. v.

NLRC
GR 124224
• In the case at bar, no new agreement was entered into by
and between pe99oner Company and NFL pending appeal of
the decision in NLRC Case No. RAB-IX-0334-82; nor were any
of the economic provisions and/or terms and condi-ons
pertaining to monetary benefits in the exis9ng agreement
modified or altered.

• Therefore, the exis-ng CBA in its en-rety, con-nues to have

legal effect.

PICOP Resources v. Taneca; GR 160828

• while it is incumbent for the employer to con9nue to
recognize the majority status of the incumbent bargaining
agent even aper the expira9on of the freedom period, they
could only do so when no pe--on for cer-fica-on elec-on
was filed.
• The reason is, with a pending pe99on for cer9fica9on, any
such agreement entered into by management with a labor
organiza9on is fraught with the risk that such a labor union
may not be chosen thereaper as the collec9ve bargaining
representa9ve.

67
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The CBA

CBA is a contract, therefore the law,

between the parties.
•  A collec9ve bargaining agreement refers to the nego9ated contract
between a legi9mate labor organiza9on and the employer concerning
wages, hours of work and all other terms and condi9ons of
employment in a bargaining unit.
•  As in all contracts, the par9es in a CBA may establish such
s9pula9ons, clauses, terms and condi9ons as they may deem
convenient provided these are not contrary to law, morals, good
customs, public order or public policy.
•  Thus, where the CBA is clear and unambiguous, it becomes the law
between the par9es, and compliance therewith is mandated by the
express policy of the law.

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Employees entitled to CBA Benefits

•  Members of the SEBA

•  Non-members of the SEBA but members of the BU

•  “It is a well-seTled doctrine that the benefits of a CBA extend to
the laborers and employees in the collec9ve bargaining unit,
including those who do not belong to the chosen bargaining labor
organiza9on. 32 Otherwise, it would be a clear case of
discrimina9on.” [PAL v. PALEA; GR 142399]
•  Must pay agency fee

Bargaining Process

69
 5/19/17

• When a party desires to nego9ate an agreement, it shall

serve a wriLen no-ce upon the other party with a
statement of its proposals.

• The other party shall make a reply thereto not later than
ten (10) calendar days from receipt of such no9ce

• Should differences arise on the basis of such no9ce and

reply, either party may request for a conference which shall
begin not later than ten (10) calendar days from the date of
request;

Kiok Loy v. NLRC; GR L-54334

• While it is a mutual obliga9on of the par9es to bargain, the
employer, however, is not under any legal duty to ini9ate
contract nego9a9on.

70
 5/19/17

Kiok Loy v. NLRC; GR L-54334

• The mechanics of collec9ve bargaining is set in mo9on only
when the following jurisdic9onal precondi9ons are present,
namely,
1.  possession of the status of majority representa9on of the
employees' representa9ve in accordance with any of the
means of selec9on or designa9on provided for by the
Labor Code;
2.  proof of majority representa9on; and
3.  a demand to bargain.

Kiok Loy v. NLRC; GR L-54334

• For failure of the ER to respond, the drap CBA proposal sent
by the union was declared binding upon it.

71
 5/19/17

Usual CBA Features

1.  Title 11.  Grievance machinery
2.  Descrip9on of the par9es 12.  Voluntary arbitra9on
3.  “Whereas” clauses 13.  Labor-Management Council
4.  Descrip9on of the BU 14.  No-strike, no-lockout clause
5.  Exclusionary clause 15.  Family planning, health and
6.  Union security clause safety, coopera9ve, recrea9on
and sports, etc.
7.  Management preroga9ves 16.  Drug-free workplace policy
8.  Check-off 17.  HIV/AIDS program
9.  Union commitment 18.  Waiver and completeness
10.  Economic and fringe benefits 19.  Dura9on and effec9vity

Examples of Mandatory CBA Subjects

1.  Wages 13.  Pensions
2.  Hours of work 14.  Re9rement benefits
3.  Meal 9me 15.  Work schedules
4.  Time breaks 16.  Proba9onary period
5.  OT and other premiums 17.  Grievance procedure
6.  Commissions 18.  Arbitra9on
7.  Ship differen9als 19.  LMC
8.  Paid holidays 20.  No-strike, no lockout clause
9.  Incen9ve pays 21.  Union security
10.  Paid leaves
11.  Fringe benefits
12.  Severance pay

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 5/19/17

Grievance Mechanism, Voluntary

Arbitration, LMCs
GM - VA LMC
•  To resolve disputes and •  To afford workers the right to
grievances arising from the par9cipate in policy and
interpreta9on and decision-making processes in
implementa9on of the CBA or a maTers affec9ng their rights,
company personnel policy benefits, and welfare
•  Adversarial, adjudicatory •  Non-adversarial, non-
•  Appeal from GM is to VA adjudicatory
•  No appeal

Examples of Union Security Clauses

1.  Closed shop
2.  Maintenance of membership
3.  Union shop
4.  Exclusive bargaining
5.  Bargaining for members only
6.  Agency shop
7.  Preferen9al hiring

73
 5/19/17

Article 259(e)
• Nothing in this Code or in any other law shall stop the
par9es from requiring membership in a recognized
collec9ve bargaining agent as a condi9on for
employment, except those employees who are already
members of another union at the (me of the signing
of the collec(ve bargaining agreement.

Closed shop
• Membership in the SEBA is a condi9on for employment or
con9nued employment during the effec9vity of the CBA.

• Members must remain members as a condi9on for

con9nued employment.

• Non-members are required to become members as a

condi9on for employment or con9nued employment.

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Maintenance of membership
• Members must remain members as a condi9on for
con9nued employment.

• Non-members are not required to become members

as a condi9on for employment or con9nued
employment.

Union shop
• Members must remain members as a condi9on for
con9nued employment.

• Non-members may be hired but required to become

members within a certain period as a condi9on for
employment.

75
 5/19/17

BPI v. BPI EU-Davao Chapter-FUBU

GR 164301
• Sec9on 2. Union Shop — New employees falling within
the bargaining unit as defined in Ar9cle I of this Agreement,
who may hereaper be regularly employed by the Bank shall,
within thirty (30) days aper they become regular employees,
join the Union as a condi9on of their con9nued employment.
It is understood that membership in good standing in the
Union is a condi9on of their con9nued employment with the
Bank.

BPI v. BPI EU-Davao Chapter-FUBU

GR 164301
•  All employees in the bargaining unit covered by a Union Shop Clause in
their CBA with management are subject to its terms.
•  However, under law and jurisprudence, the following kinds of
employees are exempted from its coverage, namely,
1.  employees who at the 9me the union shop agreement takes effect are
bona fide members of a religious organiza9on which prohibits its
members from joining labor unions on religious grounds;
2.  employees already in the service and already members of a union
other than the majority at the 9me the union shop agreement took
effect;
3.  confiden9al employees who are excluded from the rank and file
bargaining unit; and
4.  employees excluded from the union shop by express terms of the
agreement.

76
 5/19/17

BPI v. BPI EU-Davao Chapter-FUBU

GR 164301
• Indeed, the situa9on of the former FEBTC employees in this
case clearly does not fall within the first three excep9ons to
the applica9on of the Union Shop Clause discussed earlier.

• No allega9on or evidence of religious exemp9on or prior

membership in another union or engagement as a
confiden9al employee was presented by both par9es. The
sole category therefore in which pe99oner may prove its
claim is the fourth recognized excep9on or whether the
former FEBTC employees are excluded by the express terms
of the exis9ng CBA between pe99oner and respondent.

Modified Union shop

• Members must remain members as a condi9on for
con9nued employment.

• New regular EEs are required to become members

within a certain period as a condi9on for employment.

• Exis9ng EEs who are not members are not required to

become members for con9nued employment.

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 5/19/17

Exclusive Bargaining
• Bargaining union is considered as the SEBA for all EEs
in the BU, whether they are members or not.

Bargaining for Members

• Bargaining union is considered as the SEBA for its
members only.

78
 5/19/17

Agency Shop
• Non-members are not required to become members.

• But they must pay agency fee as a condi9on for their

con9nued employment.

Preferential Hiring
• ER gives preference in hiring to the members of the
bargaining agent under equal circumstances and
qualifica9ons.

• Once hired or employed, they must maintain their

membership for the dura9on of the CBA.

79
 5/19/17

Requisites for a Valid Dismissal based on

USC
1.  USC is applicable.
2.  Union is reques9ng for enforcement of the USC.
3.  There is sufficient evidence to support the union’s
decision to expel the employee from the union.

Confederated Sons of Labor v. Anakan

Lumber Co.; GR L-12503
•  USC reads:

"That the UNION shall have the exclusive right, and privilege
to supply the COMPANY with such laborers, employees and
workers xxx, and that the COMPANY agrees to employ or hire
in any of its departments only such person or persons who are
members of the UNION."

80
 5/19/17

Confederated Sons of Labor v. Anakan

Lumber Co.; GR L-12503
•  In order that an employer may be deemed bound, under a collec9ve
bargaining agreement, to dismiss employees for non-union
membership, the s-pula-on to this effect must be so clear and
unequivocal as to leave no room for doubt thereon.
•  An undertaking of this nature is so harsh that it must be strictly
construed, and doubts must be resolved against the existence of
"closed shop."
•  Where the agreement between the company and the union does not
provide that employees "must con9nue to remain members in good
standing" of the union "to keep their jobs," the collec9ve bargaining
agreement between them does not establish a "closed shop."

Examples of Permissive CBA Subjects

1.  Nego9a9on ground rules
2.  Composi9on of nego9a9ng panels
3.  SEBA’s insistence on bargaining for a unit larger than is covered by
its cer9fica9on
4.  Determina9on of products to be manufactured
5.  General business prac9ces
6.  Internal union maTers

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Examples of Illegal Subjects of a CBA

1.  S9pula9ons for less than the statutory minimum
2.  Discriminatory provisions based on sex, sexual preference, age,
race, marital status, religion, disability
3.  Issues beyond the scope of the ABU
4.  Yellow dog condi9ons

Samahang Manggagawa sa Top Form Mfg. v.

NLRC GR 113856
• only provisions embodied in the CBA should be so
interpreted and complied with. Where a proposal raised by a
contrac9ng party does not find print in the CBA, it is not a
part thereof and the proponent has no claim whatsoever to
its implementa9on.

• With the execu9on of the CBA, bad faith bargaining can no

longer be imputed upon any of the par9es thereto.

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Other Requirements to Make CBA

Binding
1.  Publica9on
• Pos9ng in 2 conspicuous places, at least 5 days prior to
ra9fica9on
2.  Ra9fica9on
• By majority of ABU
• Receipt of benefits cons9tutes implied ra9fica9on
3.  Registra9on
• With the BLR

Terms of a Collective Bargaining

Agreement.
• Any Collec9ve Bargaining Agreement that the par9es may
enter into shall, insofar as the representa9on aspect is
concerned, be for a term of five (5) years.
• No pe99on ques9oning the majority status of the incumbent
bargaining agent shall be entertained and no cer9fica9on
elec9on shall be conducted by the Department of Labor and
Employment outside of the sixty-day period immediately
before the date of expiry of such five year term of the
Collec9ve Bargaining Agreement.

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Terms of a Collective Bargaining

Agreement.
•  All other provisions of the Collec9ve Bargaining Agreement shall be
renego9ated not later than three (3) years aper its execu9on.
•  Any agreement on such other provisions of the Collec9ve Bargaining
Agreement entered into within six (6) months from the date of expiry
of the term of such other provisions as fixed in such Collec9ve
Bargaining Agreement, shall retroact to the day immediately following
such date.
•  If any such agreement is entered into beyond six months, the par9es
shall agree on the dura9on of retroac9vity thereof.
•  In case of a deadlock in the renego9a9on of the collec9ve bargaining
agreement, the par9es may exercise their rights under this Code.

Rivera v. Espiritu; GR 135547

• We find no conflict between said agreement and Ar9cle 253-
A of the Labor Code. Ar9cle 253-A has a two-fold purpose.
One is to promote industrial stability and predictability.
Inasmuch as the agreement sought to promote industrial
peace at PAL during its rehabilita9on, said agreement
sa9sfies the first purpose of Ar9cle 253-A. The other is to
assign specific 9metables wherein nego9a9ons become a
maTer of right and requirement. Nothing in Ar9cle 253-A,
prohibits the par9es from waiving or suspending the
mandatory 9metables and agreeing on the remedies to
enforce the same.

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Rivera v. Espiritu; GR 135547

• In the instant case, it was PALEA, as the exclusive bargaining
agent of PAL's ground employees, that voluntarily entered
into the CBA with PAL. It was also PALEA that voluntarily
opted for the 10-year suspension of the CBA. Either case was
the union's exercise of its right to collec9ve bargaining. The
right to free collec9ve bargaining, aper all, includes the right
to suspend it.

Title VI – Unfair Labor

Practice

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