Can anyone just organize a labor organization?

o
Yes. it is a constitutional guarantee to organize
o
any group of workers who organized themselves may be considered as a labor organization because it is a constitutional
guarantee
Legitimate Labor Organization (LLO)
o
requires compliance with the law
o
registered with DOLE
o
PURPOSE: for collective bargaining
o
to have a legitimate status, the law sets limitations
o
established for negotiating better terms and conditions of employment
o
employers will not volunteer to provide better terms and conditions: more benefits, less income
o
Labor standards set by the law are not enough
BLR (Bureau of Labor Relations) has jurisdiction over labor organization
Federation: group of unions
Managerial and supervisory employees are excluded to form unions
o
they work for the interest of the management
o
supervisory: not merely routionary; do not spend 20% of their time in routinary work
o
because it is important in LLOs that there is commonality of interests
It is required under Art. 234 of the LC that LLOs must have at least 20% out of all the members in a bargaining unit
What is the effect of registration? status of being a LLO
What is the effect of being a LLO? the labor organization will acquire juridical capacity so it can act with legal effect but will have
additional obligations under the law
The 20% requirement is for the registration ONLY
Not all violations of labor laws are considered as an Unfair Labor Practice (ULP)
An employer is merely a by-stander in a registration proceeding
If employees are members of co-ops, they cannot register as a LLO
Grounds for cancellation
o
losing the 20% requirement after the registration is not a ground
o
Art 237 and 238
o
continued requirement of 20% not stated so not a valid ground for cancellation
Federation: at least 10 local chapters

o
even if bargaining unit is not organized, they can issue certificate
o
membership fee goes to Federation
Local union has autonomy
right to self-organize
o
since it is a constitutional right, violation gives rise to ULP
o
ULP gives rise to criminal prosecution
o
ULP is the only labor violation that can lead to criminal prosecution
ULP can also be committed by the labor organization itself or its members; it is not a violation that can be attributed to employers
only
o
BP 130 amendment: criminal liability if officers of a labor organization cooperated/conspired with employers
o
there should be a final judgment of the NLRC before prosecution; cannot be directed to Fiscal/presecutor
o
ULP disrupts industrial peace; it is a criminal offense against the State subject to prosecution and punishment
o
jurisdiction of ULP: LABOR ARBITER
ULP on part of employers
o
interferes/coerces employees regarding th right to join unions/labor organizations
Types of LLOS
o
Federation
o
Local union (affiliated with a local chapter of a Federation)
o
Independent union
which is better? local union or independent union?
o
depends on the need of the organization:
o
if it's not a complicated enterprise: independent union
o
if organizers are well-equipped or officers are well-experienced: independent union
primary purpose of the union: collective barganing
How to determine the bargaining agent
o
through certification election

legal process by which workers are made to choose whether they want to be represnented or not

by rank-and-file employees only

petition filed at BLR - region where workers are stated

Med-Arbiter: whether or not valid as to substance or form

before certification election: conference

the venue for petition for certification election must be challenged at the first instance
submit list of employees
med-arbiter will set the date
employer is a mere by-stander
o
Voluntary acknowledgment/Recognition

management, upon request, will simply approve

o
Run-off elections

where more than two unions participate

in case of tie of two unions

o
When to file petition for certification election (PCE)? if unorganized, anytime; if organized: freedom period
o
Freedom period: last 60 days of the 5th year of CBA
o
Whoever wins CE becomes the bargaining agent for 5 years
o
Freedom period: can get other unions to be the bargaining agent
o
As the bargaining agent, the union granted with privileges to represent employees @ CBA
o
Union can write letter to management
CBA: practical to negotiate with the terms and conditions of employment
o
both a constitutional and statutory right
o
right to just share in the fruits of production
o
workers' participation in decision-making processes affecting their rights
o
democratic framework to provide industrial peace
o
it is not adversarial
o
towards a fair and reasonable compromise
Who are parties to a CBA
o
Employers
o
Employees: Exclusive Bargaining Representative
Can subcontractors demand from principal to bargain?
o
No. There must be an Er-Ee relationship
o
merely indirect employees of the principal with respect to unpaid wages and terms and conditions of employment
o
unless there is a finding of LOC
Can a non-employee be part of CBA? Yes, especially on the part of a local chapter
barganing unit: shares mutual interests within a given employer unit

what constitutes a bargaining representative?

o
will of employees
o
unity of interests
o
substantial similarities in work and duties/workplace
o
prior collective bargaining history
o
similarity of employment status
Duty to bargain: SCOPE
o
performance of mutual obligation to meet and convene promptly and expeditiously in good faith
o
does not compel to simply agree on a proposal
o
primarily voluntary
Who has the duty to bargain promptly? Both employers and employees
Failure to observe it results to ULP which may lead to criminal prosecution
When to bargain?
o
It depends if there is an existing CBA
o
if no existing CBA: duty to bargain can be imposed anytime
o
if there is no an existing CBA: freedom period (last 60 days prior to expiration of CBA)
o
if there is no new CBA after 5 years, same CBA shall apply: automatic renewal of CBA (life of CBA: 5 years)
o
even if there's no automatic renewal: art. 100
Inaction on part of Er: tantamount to bad faith (e.g. no counterproposals)
o
no response: waiving your right as employer
o
the draft will be the CBA
o
inaction = waiver of employer
Certain circumstances where management can refuse to bargain with employee
o
actual loss of majority status without fault on the part of the employer
refusal of management will result into a directive to make the draft the CBA
management must respond with counter-offers
What happens during CBA?
o
written proposal
o
duty on the part of employer: respond within 10 days
o
expeditious
to associate oneself is one thing, to be able to act as bargaining agent as another

1.

depends on the by-laws how members are chosen

union panel: elected by the Board of Directors
importance of the minutes: this will be useful for questions and interpretations of the CBA
Mandatory subject of CBA negotiations: economic package
other items: special assessment, union dues, attorney's fees
strike: refusal of employees to work
lockout: refusal of employers to give work
if strike is illegal or affects indispensable to national interest: SLE assumes jurisdiction
union security clause
whether you approve or not, you will still be affected by CBA
deadlock: impasse
o
parties submit the matter to NCMB or VA
o
30-day cooling period
o
last resort to strike
Once CBA is ratified: register the CBA
If not registered, it will not nullify the CBA
o
still binding but no bar for protest (freedom period does not apply, may be questioned anytime)
Agency fees: dues paid by non-members of the barganing representative since they receive benefits from the CBA
no strike-no lockout clause is not absolute
o
gross violation on economic provision: ground for strike
new union is still bound by CBA of previous union
o
they may bargain to shorten it
effect of new management in CBA
o
if change in stockholder only, corporate entity remains
o
no change at all
o
merger: new entity is created: will not be bound
o
consolidation: one entity survives
right to strike: constitutional guarantee
3 instances for a strike to be valid
peaceful:
o
requirements to be considered peaceful:

o
1.1. no illegal acts; no force, no coercion, etc.
o
1.2. no obstruction of ingress, egress, and public thoroughfares
2. in accordance with law
o
2.1. there must be a legal ground:

basic grounds:

2.1.1. ULP

2.1.2. deadlock during CBA negotiation

2.1.3. union busting

o
2.2. initiated by proper party

2.2.1. in case of deadlock, must be the bargaining argent

2.2.2. it must be a LLO

2.2.3. not just any union, but the aggravated union

o
2.3. observance of legal requirements

2.3.1. notice of strike

depending on the ground

must be submitted to other party

deadlock: 30-day period

ULP: 15-day period

Union busting: anytime

2.3.2. strike vote: made by simple majority

results must be submitted to DOLE

7 days prior to actual strike

the 7-day requirement is the cooling off period

3. consistent with national interest
o
no defiance of RTWO (return to work order)/ injunction
o
no pending case involving the same issue

if a strike is declared illegal

o
will they lose employment status?

if just a union member: will not lose employment statues but may be sanctione

union officers: will lose employment status

those guilty of commission of illegal acts (whether a union officer or not): will lose employment status
st. scholastica case
defied RTWO: illegal strike
Nestle Philippines case:
workers invoked good faith
inexcusable
you cannot claim that the matter of RTWO can be subject to reconsideration
RTWO is immediately executory