n LABOR RELATIONS

n Self-organization
n Representation
n Collective Bargaining
n ULP and Strike
n Termination Disputes
n Dispute Settlement
n Right to Self-organization
n Article 243. Coverage and employees' right to self-organization.
All persons employed in commercial, industrial and agricultural
enterprises and in religious, charitable, medical or educational
institutions whether operating for profit or not, shall have the
right to self-organization and to form, join or assist labor
organizations of their own choosing for purposes of collective
bargaining.
X X X X X X
n Labor Organizations
n Article 212
n (g) "Labor organization" means any union or association of
employees which exists in whole or in part for the purpose of
collective bargaining or of dealing with employers concerning
terms and conditions of employment.
n Exclusive Bargaining Agent
n Article 255. Exclusive bargaining representation and workers'
participation in policy and decision-making. The labor organization
designated or selected by the majority of the employees in an
appropriate collective bargaining unit shall be the exclusive
representative of the employee in such unit for the purpose of
collective bargaining. However, an individual employee or group
of employees shall have the right at any time to present
grievances to their employer.
n Rights of Legitimate Labor Organizations
n Article 242. Rights of legitimate labor organizations. A legitimate
labor organization shall have the right:
n (a) To act as the representative of its members for the purpose of
collective bargaining;
n (b) To be certified as the exclusive representative of all the
employees in an appropriate collective bargaining unit for
purposes of collective bargaining;
X X X X X X.
n Contract Bar
n Article 232. Prohibition on certification election. The Bureau shall
not entertain any petition for certification election or any other
action which may disturb the administration of duly registered
existing collective bargaining agreements affecting the parties
except under Articles 253, 253-A and 256 of this Code.
n Bars to Petition for CE
n D.O. 40, Rule 8, Section 3. When to file. - A petition for
certification election may be filed anytime, except:
X X X X X X
n (b) when the duly certified union has commenced and sustained
negotiations in good faith with the employer in accordance with
Article 250 of the Labor Code within the one year period referred
to in the immediately preceding paragraph;
n (c) when a bargaining deadlock to which an incumbent or certified
bargaining agent is a party had been submitted to conciliation or
arbitration or had become the subject of a valid notice of strike or
lockout;
n (d) when a collective bargaining agreement between the employer
and a duly recognized or certified bargaining agent has been
registered in accordance with Article 231 of the Labor Code.
Where such collective bargaining agreement is registered, the
petition may be filed only within sixty (60) days prior to its expiry.
n Grounds for Denial of Petition for CE
n D.O. 40, Rule 8, Section 14. Denial of the petition; Grounds. -
n (e) where a duly certified union has commenced and sustained
negotiations with the employer in accordance with Article 250 of
the Labor Code within the one-year period referred to in Section
14.c of this Rule, or where there exists a bargaining deadlock
which has been submitted to conciliation or arbitration or had
become the subject of a valid notice of strike or lockout where an
incumbent or certified bargaining agent is a party;
n Eligible Voter
n D.O. 40, Rule 1, Section 1. Definition of Terms.
n (q) "Eligible Voter" refers to a voter belonging to the appropriate
bargaining unit that is the subject of a petition for certification
election.
n Duty to Bargain
n Article 252. Meaning of duty to bargain collectively. The duty to
bargain collectively means the performance of a mutual obligation
to meet and convene promptly and expeditiously in good faith for
the purpose of negotiating an agreement with respect to wages,
hours of work and all other terms and any grievances or questions
arising under such agreement and executing a contract
incorporating 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.
n Duty to Bargain
n performance of a mutual obligation
to meet and convene
promptly and expeditiously
in good faith
n for the purpose of negotiating an agreement
n with respect to
wages, hours of work and all other terms
AND any grievances or questions arising under such
agreement
n and executing a contract incorporating such agreements if
requested by either party
n BUT such duty does not compel any party to agree to a proposal
or to make any concession.
n Duty to Bargain
n Article 251. 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 expeditious manner
of collective bargaining, it shall be the duty of the employer and
the representatives of the employees to bargain collectively in
accordance with the provisions of this Code.
n Duty to Bargain
n Article 253. Duty to bargain collectively when there exists a
collective bargaining agreement. When there is a collective
bargaining agreement, the duty to bargain collectively shall also
mean that neither party shall terminate or modify such agreement
during its lifetime. However, either party can serve a written
notice to terminate or modify the agreement at least sixty (60)
days prior to its expiration date. X X X X X X
n Violation of Duty
n Article 248. Unfair labor practices of employers. It shall be unlawful
for an employer to commit any of the following unfair labor
practices:
n X X X X X X
n (g) To violate the duty to bargain collectively as prescribed by this
Code;
n X X X X X X
n (i) To violate a collective bargaining agreement.
n X X X X X X
n Procedure
n Article 250. Procedure in collective bargaining. The following
procedures shall be observed in collective bargaining:
n (a) When a party desires to negotiate an agreement, it shall serve
a written notice 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 notice;
n (b) Should differences arise on the basis of such notice and reply,
either party may request for a conference which shall begin not
later than ten (10) calendar days from the date of request;
n (c) If the dispute is not settled, the Board shall intervene upon
request of either or both parties or at its own initiative and
immediately call the parties to conciliation meetings. X X X
X X X
n Procedure
n D.O. 40, Rule 16,
n Section 4. Procedure in single enterprise bargaining - A
recognized or certified labor union that desires to negotiate with
its employer shall submit such intention in writing to the
employer, together with its proposals for collective bargaining.
n The recognized or certified labor union and its employer may
adopt such procedures and processes they may deem
appropriate and necessary for the early termination of their
negotiations.
n They shall name their respective representatives to the
negotiation, schedule the number and frequency of meetings,
and agree on wages, benefits and other terms and conditions of
work for all employees covered in the bargaining unit.
n Disclosure of Information
n D.O. 40, Rule 16, Section 2.
n Disclosure of information. - In collective bargaining, the parties
shall, at the request of either of them, make available such up-to-
date financial information on the economic situation of the
undertaking, which is normally submitted to relevant
government agencies, as is material and necessary for
meaningful negotiations.
n Where the disclosure of some of this information could be
prejudicial to the undertaking, its communication may be made
condition upon a commitment that it would be regarded as
confidential to the extent required.
n The information to be made available may be agreed upon
between the parties to collective bargaining.
n Right To Financial Statements
n Article 242. Rights of legitimate labor organizations. A legitimate
labor organization shall have the right:
n X X X X X X
n (c) To be furnished by the employer, upon written 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, after the
union has been duly recognized by the employer or certified as
the sole and exclusive bargaining representative of the
employees in the bargaining unit, or within sixty (60) calendar
days before the expiration of the existing collective bargaining
agreement, or during the collective bargaining negotiation.
n Multi-employer Bargaining
n D.O. 40, Rule 16,
n Section 5. When multi-employer bargaining available. - A
legitimate labor union(s) and employers may agree in writing to
come together for the purpose of collective bargaining, provided:
n (a) only legitimate labor unions who are incumbent exclusive
bargaining agents may participate and negotiate in multi-
employer bargaining;
n (b) only employers with counterpart legitimate labor unions who
are incumbent bargaining agents may participate and negotiate
in multi-employer bargaining; and
n (c) only those legitimate labor unions who pertain to employer
units who consent to multi-employer bargaining may participate
in multi-employer bargaining.
n CBA
n D.O. 40, Rule 1, Section 1 (j)
n "Collective Bargaining Agreement" or "CBA" refers to the
contract between a legitimate labor union and the employer
concerning wages, hours of work, and all other terms and
conditions of employment in a bargaining unit.
n Term of a CBA - Representation
n Article 253-A. Terms of a collective bargaining agreement. Any
collective bargaining agreement that the parties may enter into
shall, insofar as the representation aspect is concerned, be for a
term of five (5) years. No petition questioning the majority status
of the incumbent bargaining agent shall be entertained and no
certification election 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 collective bargaining agreement. X X X X X X
n Term of a CBA - Representation
n D.O. 40, Rule 8, Section 14. Denial of the petition; Grounds.
X X X X X X
n (c) filing the petition before or after the freedom period of a duly
registered collective bargaining agreement; provided that the
sixty-day period based on the original collective bargaining
agreement shall not be affected by any amendment, extension or
renewal of the collective bargaining agreement;
n Duty to Bargain
n Article 253. Duty to bargain collectively when there exists a
collective bargaining agreement. When there is a collective
bargaining agreement, the duty to bargain collectively shall also
mean that neither party shall terminate or modify such agreement
during its lifetime. However, either party can serve a written
notice to terminate or modify the agreement at least sixty (60)
days prior to its expiration date. X X X X X X
n 5-yr. CBA
n Representation (5 yrs)
Freedom Period
60-day period
in Art. 263
n 3-yr CBA, renewed for another 3 yrs
n 60-day period,
Art. 263
Freedom Period
n 5-yr. CBA
n Representation (5 yrs)
n Renegotiation deadline

n Term of a CBA Other Provisions
n Article 253-A. Terms of a collective bargaining agreement. X X X
X X X
All other provisions of the collective bargaining agreement shall
be renegotiated not later than three (3) years after its execution. X X X
X X X
n Hold-over
n Article 253. Duty to bargain collectively when there exists a
collective bargaining agreement. X X X
X X X It shall be the duty of both parties to keep the status quo and to
continue in full force and effect the term and conditions of the existing
agreement during the 60-day period and/or until a new agreement is
reached by the parties.
n Retroactivity of a CBA
n Article 253-A. Terms of a collective bargaining agreement. X X X
X X X Any agreement on such other provisions
of the collective bargaining agreement entered into within six (6)
months from the date of expiry of the term of such other
provisions as fixed in the collective bargaining agreement, shall
retroact to the day immediately following such date.
n If any such agreement is entered into beyond six months, the
parties shall agree on the duration of retroactivity thereof. X X X
X X X
n Retroactivity
n Grievance
n Article 260. Grievance machinery and voluntary arbitration. The
parties to a collective bargaining agreement shall include therein
provisions that will ensure the mutual observance of its terms and
conditions. They shall establish a machinery for the adjustment
and resolution of grievances arising from the interpretation or
implementation of their collective bargaining agreement and
those arising from the interpretation or enforcement of company
personnel policies.
n X X X X X X
n Grievance
n Article 260. Grievance machinery and voluntary arbitration.
X X X X X X
For this purpose, parties to a collective bargaining agreement
shall name and designate in advance a voluntary arbitrator or panel of
voluntary arbitrators, or include in the agreement a procedure for the
selection of such voluntary arbitrator or panel of voluntary arbitrators,
preferably from the listing of qualified voluntary arbitrators duly accredited
by the Board. In case the parties fail to select a voluntary arbitrator or panel
of voluntary arbitrators, the Board shall designate the voluntary arbitrator or
panel of voluntary arbitrators, as may be necessary, pursuant to the
selection procedure agreed upon in the collective bargaining agreement,
which shall act with the same force and effects as if the voluntary arbitrator
or panel of voluntary arbitrators have been selected by the parties as
described above.
n Grievance
n Article 261. Jurisdiction of voluntary arbitrators and panel of
voluntary arbitrators. X X X X X X Accordingly, violations of a
collective bargaining agreement, except those which are gross in
character, shall no longer be treated as unfair labor practice and
shall be resolved as grievances under the collective bargaining
agreement.
n X X X X X X
n Grievance
n Article 261. Jurisdiction of voluntary arbitrators and panel of
voluntary arbitrators. X X X X X X
n For purposes of this Article, gross violations of a collective
bargaining agreement shall mean flagrant and/or malicious
refusal to comply with the economic provisions of such
agreement.
n X X X X X X
n Registration of CBA
n Article 231. Registry of unions and file of collective agreements. The
Bureau shall keep a registry of legitimate labor organizations.
n The Bureau shall also maintain a file of all collective bargaining
agreements and other related agreements and records of
settlement of labor disputes, and copies of orders, and decisions
of voluntary arbitrators or panel or voluntary arbitrators. X X X
X X X
n Within thirty (30) days from the execution of a collective
bargaining agreement, the parties shall submit copies of the
same directly to the Bureau or the Regional Offices of the
Department of Labor and Employment for registration
accompanied with verified proofs of its posting in two
conspicuous places in the place of work and ratification by the
majority of all the workers in the bargaining unit. X X X X X X
n Registration of CBA
n D.O. 40, Rule 16,
n Section 7. Posting and registration of collective bargaining
agreement. - Two (2) signed copies of collective bargaining
agreement reached through multi-employer bargaining shall be
posted for at least five ( 5) days in two conspicuous areas in each
workplace of the employer units concerned. Said collective
bargaining agreement shall affect only those employees in the
bargaining units who have ratified it.
n The same collective bargaining agreement shall be registered
with the Department X X X X X X