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Labor Rd3 Compiled

Labor Rd3 Compiled

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Published by: cmv mendoza on Jul 07, 2010
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Labor Law 2
A2010 - 69 -
ART. 234.
Requirements of registration
- Any applicant laboorganization, association or group of unions or workers shall acquire legalpersonality and shall be entitled to the rights and privileges granted by lawto legitimate labor organizations upon issuance of the certificate of registration based on the following requirements.(a) Fifty pesos (P50.00) registration fee;(b) The names of its officers, their addresses, the principal address of thelabor organization, the minutes of the organizational meetings and the listof the workers who participated in such meetings;(c) The names of all its members comprising at least twenty percent(20%) of all the employees in the bargaining unit where it seeks tooperate; (As amended by Executive Order No. 111, December 24, 1986).(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 constitution and by-laws of the applicant union,minutes of its adoption or ratification, and the list of the members whoparticipated in it. (As amended by Batas Pambansa Bilang 130, August21, 1981).
RA 9481 Secs 1 and 2Section 1. Article 234 of Presidential Decree No. 442, as amended,otherwise known as the Labor Code of the Philippines, is herebyfurther amended to read as follows:
“ART. 234. Requirements of Registration. - A federation, national union or industry or trade union center or an independent union shall acquire legalpersonality and shall be entitled to the rights and privileges granted by lawto legitimate labor organizations upon issuance of the certificate of registration based on the following requirements:(a) Fifty pesos (P50.00) registration fee;(b) The names of its officers, their addresses, the principal address of thelabor organization, the minutes of the organizational meetings and the listof the workers who participated in such meetings;(c) In case the applicant is an independent union, the names of all itsmembers comprising at least twenty percent (20%) of all the employees inthe 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 copies of the constitution and by-laws of the applicant union,minutes of its adoption or ratification, and the list of the members whoparticipated in it.”
Sec. 2. A new provision is hereby inserted into the Labor Code asArticle 234-A to read as follows:
“ART. 234-A. Chartering and Creation of a Local Chapter. - A dulyregistered federation or national union may directly create a local chapter by issuing a charter certificate indicating the establishment of the localchapter. The chapter shall acquire legal personality only for purposes of filing a petition for certification election from the date it was issued acharter certificate.The chapter shall be entitled to all other rights and privileges of alegitimate labor organization only upon the submission of the followingdocuments in addition to its charter certificate:(a) The names of the chapter’s officers, their addresses, and the principaloffice of the chapter; and(b) The chapter’s constitution and by-laws: Provided, That where thechapter’s constitution and by-laws are the same as that of the federationor the national union, this fact shall be indicated accordingly.The additional supporting requirements shall be certified under oath bythe secretary or treasurer of the chapter and attested by its president.”
ART. 242. Rights of legitimate labor organizations. - Alegitimate labor organization shall have the right:(a
) To act as the representative of its members for thepurpose of collective bargaining;(b) To be certified as the exclusive representative of all theemployees in an appropriate bargaining unit for purposes of collective bargaining;(c) To be furnished by the employer, upon written request,with its annual audited financial statements, including thebalance sheet and the profit and loss statement, within thirty(30) calendar days from the date of receipt of the request,after the union has been duly recognized by the employer or certified as the sole and exclusive bargaining representativeof the employees in the bargaining unit, or within sixty (60)calendar days before the expiration of the existing collectivebargaining agreement, or during the collective bargainingnegotiation;(d) To own property, real or personal, for the use and benefitof the labor organization and its members;(e) To sue and be sued in its registered name; and(f) To undertake all other activities designed to benefit theorganization and its members, including cooperative,housing, welfare and other projects not contrary to law.Notwithstanding any provision of a general or special law tothe contrary, the income and the properties of legitimate labor organizations, including grants, endowments, gifts, donationsand contributions they may receive from fraternal and similar organizations, local or foreign, which are actually, directly andexclusively used for their lawful purposes, shall be free fromtaxes, duties and other assessments. The exemptionsprovided herein may be withdrawn only by a special lawexpressly repealing this provision.
RA 9481 Sec. 7Sec. 7. A new provision, Article 242-A is hereby insertedinto the Labor Code to read as follows:“ART. 242-A. Reportorial Requirements. - The followingare documents required to be submitted to the Bureauby the legitimate labor organization concerned:(a) Its constitution and by-laws, or amendments thereto,the minutes of ratification, and the list of members whotook part in the ratification of the constitution and by-laws within thirty (30) days from adoption or ratificationof the constitution and by-lam or amendments thereto;(b) Its list of officers, minutes of the election of officers,and list of voters within thirty (30) days from election;(c) Its annual financial report within thirty (30) days after the close of every fiscal year; and(d) Its list of members at least once a year or whenever required by the Bureau.Failure to comply with the above requirements shall notbe a ground for cancellation of union registration butshall subject the erring officers or members tosuspension, expulsion from membership, or anyappropriate penalty.”
Labor Law 2
A2010 - 70 -
3.7UNION AFFILIATION LOCAL ANDPARENT UNION RELATIONS—ILOConvention No. 87, Art. 51.Affiliation: Purpose of Nature oRelationsPurpose
Nature Relationship
See page 65
Effect-Legal Personality
2.Supervisor—Rank and File UnionAffiliationRule-Affiliation
3.Local Union DisaffiliationNature Right Disaffiliation
Petition for certiorari to review the resolutions of the Bureau of Labor Relations.
- Petitioner Volkschel Labor Union (Volkschel) was once affiliatedwith the Associated Labor Union for Metal Workers (ALUMETAL).Both unions, using the name Volkschel-ALUMETAL, jointly enteredinto a collective bargaining agreement with respondent companies.- One of the subjects dealt with is the payment of union dues which isprovided for in Section 3, Art. 1, of the CBA, which says that “
theCOMPANY agrees to make payroll deductions not oftener than twicea month of UNION membership dues and such special assessmentsfees or fines as may be duly authorized by the UNION, provided that the same is covered by the individual check-off authorization of theUNION members.
- March 10, 1976: a majority of petitioner’s members decided todisaffiliate from respondent federation in order to operate on its ownas an independent labor group pursuant to Art. 241 of the Labor Code:“Incumbent affiliates of existing federations or national unionsmay disaffiliate only for the purpose of joining a federation or national union in the industry or region in which it properlybelongs or 
for the purpose of operating as an independentlabor group.
- A resolution was adopted and signed by petitioner’s membersrevoking their check-off authorization in favor of ALUMETAL andnotices thereof were served on ALUMETAL and respondentcompanies.
 Article 5 
Workers' and employers' organizations shall havethe right to establish and join federations andconfederations and any such organization, federation orconfederation shall have the right to affiliate withinternational organizations of workers and employers.Art. 211. Declaration of Policy.It is the policy of the State:c. To foster the free and voluntary organization of astrong and united labor movement;
Art. 245. Ineligibility of managerial employeesto join any labor organization; right of supervisory employees.
(as amended by RA 94812007)
Managerial employees are not eligible to join,assist or form any labor organization. Supervisoryemployees shall not be eligible for membership in alabor organization of the rank-and-file employees butmay join, assist or form separate labor organizations of their own. The rank and file union and the supervisors’ union operating within the same establishment may join the same federation or national union.
Art. 245-A.Effect of Inclusion as Members of Employees Outside the Bargaining Unit.-
Theinclusion as union members of employees outside thebargaining unit shall not be a ground for thecancellation of the registration of the union. Saidemployees are automatically deemed remove from thelist of membership of said union.
ART. 243.
Coverage and employees’ right to self-organization.
- All persons employed in commercial,industrial and agricultural enterprises and inreligious, charitable, medical, or educationalinstitutions, whether operating for profit or not, shallhave the right to self-organization and to form, join,or assist labor organizations of their own choosing forpurposes of collective bargaining. Ambulant,intermittent and itinerant workers, self-employedpeople, rural workers and those without any definiteemployers may form labor organizations for theirmutual aid and protection. (As amended by BatasPambansa Bilang 70, May 1, 1980).
Labor Law 2
A2010 - 71 -
- Med-Arbiter George Eduvalla rendered a Resolution which found thedisaffiliation legal but at the same time gave the opinion that membersshould continue paying their dues to ALUMETAL. Director FranciscoEstrella reversed the Med-Arbiter’s decision and declared that the Bureaurecognized the continued affiliation of Volkschel with ALUMETAL.
1.WON Volkschel Labor Union’s disaffiliation from ALUMETAL is valid.2.WON respondent companies have the right to effect union duescollections despite revocation by the employees.
A local union, being a separate and voluntary association, is free toserve the interest of all its members including the freedom to disaffiliatewhen circumstances warrant.
This right is consistent with the Constitutional guarantee of freedom of association (Art. III, Sec. 8, 1987 Constitution).- The disaffiliation was prompted by the federation’s deliberate andhabitual dereliction of duties as mother federation towards petitioner union.- It would go against the spirit of the labor law to restrict petitioner’s rightto self-organization due to the existence of the CBA. A disaffiliation doesnot disturb the enforceability and administration of a collective agreement;it does not occasion a change of administrators of the contract nor evenan amendment of the provisions thereof.
The obligation of respondent companies is conditioned on theindividual check-off authorization of petitioner’s members. The employees’check-off authorization, even if declared irrevocable, is good only as longas they remain members of the union concerned.
ALUMETAL is entitled to receive the dues from respondentcompanies as long as petitioner union is affiliated with it and respondentcompanies are authorized by their employees (members of petitioner union) to deduct union dues.- Without said affiliation, the employer has no link to the mother union.
Resolutions of Bureau of Labor Relations are reversed and set aside.ALUMETAL is ordered to return to petitioner all the union dues.
.; January 31, 1977
certiorari and prohibition proceeding to indict an order for a certificationelection by respondent Bureau of Labor Relations as tainted by a jurisdictional infirmity in view of what is contended to be an existing dulycertified collective bargaining contract
- there was a renewal of the collective bargaining agreement with a unionshop clause on March 9,1974 between petitioner union and respondentcompany to last for another period of 3 years. The claim was that at thattime it was the only bargaining agent of the respondent companyunchallenged by any labor organization. Then came the assertion that onMay 27, 1974, with due notice to all the members of the petitioner union,and with more than 1,500 of them present, such collective bargainingagreement was ratified by a unanimous vote. It was then so certified bythe former NLRC on June 4, 1974. It was further alleged that at the timeof such certification, there was no pending request for union recognitionby any other labor organization with management.- on June 20, 1974, respondent Federation of Free Workers, setting forththat its members represent more than 60% out of 1,500, more or less,rank-and-file employees of respondent company, sought a certificationelection. Petitioner union opposed such a move on the grounds that thecollective bargaining agreement entered into with the respondentcompany had been certified. The NLRC affirmed the dismissal of thepetition for certification, and the Secretary of Labor affirmed.- respondent Federation filed a complaint with the respondent Bureau of Labor Relations, the present Labor Code having become effective,alleging that some 848 employees, in a resolution attached to thecomplaint disaffiliated from petitioner union and affiliated with it,characterizing the certified agreement as having been entered intoallegedly to thwart such disaffiliation and seeking a declaration of thenullity thereof. Respondent Bureau issued an order setting aside thecertification of the collective bargaining agreement and ordering acertification election.
WON the existing CBA is a bar to a certification election
Once the fact of disaffiliation has been demonstrated beyond doubt,as in this case, a certification election is the most expeditious way of determining which labor organization is to be the exclusivebargaining representative.
The collective bargaining agreement entered into by petitioner withmanagement was decertified in the challenged order, in which it wasspecifically pointed out; "it is not disputed that the CBA certified bythe NLRC was not ratified by the majority of the employees within thebargaining unit. This is blatant non-observance of the basicrequirement necessary to certification. With respect to the complaintof the confirmation of disaffiliation of the members of PLAC the sameshould be resolved in the most expedient and simple method of determining the exclusive bargaining representative through theholding of a certification election."
On the Nature of the Right of Disaffiliation:
Mass disaffiliation is nothing new in the Philippine labor movement.Nor is it open to any legal objection. It is implicit in the freedom of association explicitly ordained by the Constitution. There is then theincontrovertible right of any individual to join an organization of hischoice. That option belongs to him. A workingman is not to be deniedthat liberty. He may be, as a matter of fact, more in need of it if theinstitution of collective bargaining as an aspect of industrialdemocracy is to succeed.
Petition is DISMISSED
Petition for certiorari
-Petitioner MALAYANG SAMAHAN NG MGA MANGGAGAWA SAM. GREENFIELD (MSMG) had a union security clause provision ontheir CBA with respondent M. Greenfield Inc.-MSMG was an affiliate of respondent United Lumber and GeneralWorkers of the Philippines (ULGWP).-MSMG held a general membership meeting. Many did not attend.As such they were fined with P50 by the union. MSMG wrote torespondent company saying that they deduct the P50 from theemployeessalaries. ULGWP opposed and wrote to respondentcompany. The company did not deduct.-The imposition of P50.00 fine became the subject of bittedisagreement between the Federation and the local unionculminating in the latter's declaration of general autonomy-The officials of ULGWP called a Special National Executive BoardMeeting where a Resolution was passed placing the MSMG under trusteeship and appointing respondent Cesar Clarete asadministrator.-The said administrator wrote the respondent companyinforming the latter of its designation of a certain AlfredoKalingking as local union president and "disauthorizing" the

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