THE LAW ON LABOR UNIONS

AFFILIATION OF INDEPENDENTLY REGISTERED LABOR UNION WITH A

FEDERATION OR NATIONAL UNION, REQUIREMENTS OF:

1. Resolution of labor union's Board of Directors approving the affiliation

2. minutes of membership meeting approving the affiliation
3. total number of members comprising the labor union and names of members who
approved the affiliation
4. certificate of affiliation issued by the federation in favor of the independently
registered labor union
5. written notice to the employer concerned if the affiliating union is the incumbent
bargaining agent

CANCELLATION OF UNION REGISTRATION CERTIFICATE, GROUNDS:

1. violation of Art. 234 re basic requirements for registration
2.violation of Art. 237 re additional requirements for registrations for labor federation or
national union
3. violation of Art. 237 re
a. misrepresentation, false statement or fraud in connection with adoption and ratification
of cbl and its amendments; minutes of ratification; and list of members taking part in
ratification of cbl and amendments
b. misrepresentation, false statement or fraud in connection with election of officers, list
of voters or failure to submit these documents together with list of newly
elected/appointed officers and their addresses with 30 days from election/appointment
c. failure to submit anual financial report to blr within 30 days after closing of every
fiscal year -- including misrepresentation, false entries and fraud in the preparation of
such report itself
d. acting as labor only contractor or cabo system, engaging in acttivities prohibited by
law
e. entering into cba providing for terms and conditions of employment below the
minimum standards established by law (sweetheart contracts)
f. asking or accepting attorney's fees from employer
g. check off of special assesments or other fees without duly signed individual
authorizaton of members
h. failure to submit list of individual members to blr at leas once a year as required
4. failure to comply with requirements under Art. 238
5. violation of provisions under Art. 241 of Labor Code

CERTIFICATION ELECTION PROPER:

1. election within 60 days from transmittal of records to LRD
2. pre-election conference to be conducted by lrd
3. questions on membership eligibility will not delay the C>E> proceedings
4. qualified to vote at CE - considered employees at the time of the decision granting the
pce

CHANGE OF NAME OF A LABOR ORGANIZATION,REQUIREMENTS FOR:

1. proof of approval or ratification of change of name
2. amended CBL

DENY PCE, GROUNDS TO:

1. petitioner union is not listed in the dole registry of labor unions/ not a legitimate labor
union
2. union's legal personality has been revoked, or cancelled with finality
3. PCE filed before or after 60-day freedom period of a duly registered CBA
4. PCE filed in violation of the ff bars: certification, consent, run-off and voluntary
recognition bar rules
5. PCE barred b commenced nego bar rule
6. PCE barred by deadlock bar rule
7. failure to submit 25% support signatures to accompany PCE

DEPT. ORDER NO. 40-03, SALIENT FEATURES:

1. the implemeting rules and regulations was signed by the secretary of labor on feb. 17,
2003 and became effective mar. 16, 2003

2. 4 guiding principles:
a. it upholds the right of workers to self-organization
b. it lays emphasis on speedy and adequately delivery of government services
c. it emphasizes on the principle of shared responsibility between labor and management
which is constitutional provision. It stresses on the principle that labor and management
has a shared responsibility to peacefully and voluntarily settle their disputes reserving the
right to strike as only a last recourse

3. process in carrying out:

a. after nationwide consultations since 2002
b. 2 plenary meetings of the National Tripartite Industrial Peace Council

4. Salient features:
a. faster union and cba registration process; also in med-arbitration cases
b. less litigious certification election proceedings; less entangled in technicalities and
legal formalities, non-adversarial and expeditious
c. procedures in union change of name, mergers and consolidations and applications
d. multi-employer collective bargaining as a new feature
e. elaborate intra-union dispute procedures eg: election of union officers, examination of
union funds interpretation and enforcement of union cbl
f. compliance by unions of reportorial requirements. Unions are enjoined to live under the
environment of the rule of law
g. emphasis on conciliation and mediation

DISCIPLINE MEMBERS, POWER OF LABOR UNION TO , LIMITATION:

1. you have to charge the member with serious misconduct
2. the charge must be in writing and with notice
3. a tribunal under the cbl of the union will have to be convened with authority to
investigate and order his separation for cause
4. date is set for hearing in which member appears
5. evidence will be received to prove the case against the member
6. member must be given the oppurtunity to defend himself
7. thereafter, a decision will be rendered stating the findings of fact on record and stating
the ground constituting just cause for his separation

without just cause, expulsion of the member is invalid

FUNDS, LIMITATIONS RESTRICTIONS ON OF LABOR ORGANIZATIONS:

funds are to be applied:
1. for only such objects/purposes as are expressly authorized by written resolution dyly
adopted by the majority of members at a general meeting called for the purpose
2. records of income/revenue of labor organization to be evidenced by a record showing
the sources thereof
3. expenditures to be evidenced by receipt from person to whom payment is made stating
the date, palce, purpose of payment
4. action on union funds - prescriptive period is 3 years after date of submission of annual
financial report to dole or date report should have been submitted as required by law,
whichever comes earlier

INTER-INTRA-UNION DISPUTES INCLUDE:

1. cancellation of registration of a labor union filed by its members or by another labor
union
2. conduct of election of union and worker's association officers/notification of election
of union and workers association officers
3. audit /accounts examination of union or workers' association funds
4. deregistration of cba's
5. validity/invalidity of union affiliation or disaffiliations
6. validity/invalidity of acceptance/non-acceptance for union membership
7. validity/invalidity of impeachment, expulsion of union and workers/association
officers and members
8. validity/invalidity of voluntary recognition
9. opposition to applicaiton for union and cba registration
10. violation of or disagreemen ts over any provision in a union or workers' association
cbl
11. disagreements over chartering or registration of labor organizations and cba
12. violations of rights and conditions of union or workers' association membership
13. violation of rights of legitimate labor organizations, except interpretation of cba's
14. such other disputes or conflicts involving rights to self-organization, union
membership and collective bargaining:
- between and among legitimate labor organizations
- between and among members of a union or workers association

MERGER AND CONSOLIDATION, REQUIREMENTS:

1. minutes of merger convention or general membership meeting of all merging labor
organizations with list of respective members approving the same
2. amended CBL and minutes of ratification -- unless ratification transpired during the
merger convention which fact shall be indicated accordingly

MULTI-EMPLOYER BARGAINING:
1. a number of sole exclusive bargaining agents or federation with several chartered
locals facing different employer units for cb
2. purely voluntary and consensual
3. works with employers within one industry
4. works with group of companies
5. may have mother cba or multi-employer level and individual cba in separate
bargaining units
6. shared responsibility - strike or lockout as last resort; must peacefully and voluntarily
settle their disputes

REGISTRATION (AT BLR OR DOLE) OF A LOCAL LABOR UNION; BASIC

REQUIREMENTS:
1. registration P50
2. names of officers, addresses, principal address of the labor organization
3. minutes of organization meetings and the list of workers participating in such meetings
4. names of all its members, comprising at least 20% of all employees in the appropriate
bargaining unit where it seeks to operate
5. Annual Financial report if the applicant labor union has been existing for one or more
years
6. 4 copies of Constitution & By-Laws, Minutes of its Adoption or Ratification and List
of Members participating in it
7. sworn statement by applicant union that:
- there is no certified bargaining agent in the bargaining unit concerned
- in case there is an existing CBA registered w/ DOLE, a statement that the application
for registration is filed during the freedom period
8. applications & documents under oath by the secretary or treasurer attested by president
INDEPENDENT LABOR UNION
1. name of applicant labor union, its principal address, names of its officers, their
addresses, approx. number of employees in the bargaining unit where it seeks to operate,
with a statement that it is not reported as a chartered local of any federation or national
union
2. minutes of organization meetings and the list of workers participating in such meetings
3. names of all its members, comprising at least 20% of all employees in the appropriate
bargaining unit where it seeks to operate
4. Annual Financial report if the applicant labor union has been existing for one or more
years (unless it has not collected any amount from its members i w/c cass a statement to
this effect shall be indicated in the application)
5. applicant union's CBL, minutes of its adoption/ ratification & list of members who
participated in it. List of ratifying members not necessary if CBL was ratified/adopted
during the organizational meeting

FEDERATION & NATIONAL UNIONS:

1. name of applicant labor union, names of officers, addresses, principal address of the
labor organization
2. minutes of organization meetings and the list of workers participating in such
meetings
3. Annual Financial report if the applicant labor union has been existing for one or more
years (unless it has not collected any amount from its members i w/c cass a statement to
this effect shall be indicated in the application)
4. applicant union's CBL, minutes of its adoption/ ratification & list of members who
participated in it. List of ratifying members not necessary if CBL was ratified/adopted
during the organizational meeting
5. Registration of affiliation of at least 10 legitimate labor organizations, whether
independent unions or chartered locals, each of which being a duly certified or
recognized bargaining agent in the establishment it seeks to operate
6. names/addresses of companies where the affiliates operate & list of members in each
company involved

RIGHTS OF LABOR ORGANIZATIONS IN GENERAL:

1. autonomy
2. governance of its affairs particularly:
a. to draw up their constitutions
b. freely elect their representatives
c. to orgainize their activities and formulate programs
d. dissolve or suspend the organization
3. right to its funds and property
4. right to protect from ULP

RIGHTS OF LEGITIMATE LABOR ORGANIZATIONS:

1. act as representatives of its members for purposes of collective bargaining
2. to be certivied as exclusive and sole representative of all employees in the appropriate
bargaining unit for purposes of collective bargaining
3. own property, real or personal, for the use and benefit of the labor organization and
members
4. to sue and be sued in its registered name
5. undertake activities to benenfit the organization and members including:
a. cooperatives
b. housing welfare
c. other projects
6. exemption from taxes, duties and assessments regarding their income and properties,
gifts or donations, and contributions they may receive from fraternal and similar
organization
7. to collect contributions to theirl labor education an research funds. may collect not
only: membership fees, union dues, assesments and fines but also other contributions for
labor education, research, mutual death and hospitalization benefits, welfare funds, strike
funds, credit and cooperative undertakings
8. to be furnished by employer upon written request, employers audited financial
statements, balance sheet and profit and loss tatements
9. right to check-off - is a voluntary written agreement, springing from law or cba by
which a majority labor union receives the: union dues, fines and fees and assessments of
its members directly from the employer who witholds them from their wages