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Right to self-organization Why workers unionize? 1. In order to acquire a relative equality of bargaining power 2.

In order to attain security of tenure 3. Union becomes an agent of participatory democracy Positive freedom of assoc Workers have the right to join, form or represented by a union Gr. EEs of Gov cannot strike - Affects delivery of vital services to the people - A civil service offense - A form of insurrection in the light of the principle of state sovereignty Ex. Employees of GOCC w/o orig charters are governed by the Labor Code thus can strike. NB. Req. for Registration Certificate of Registration Legal effects of registration 1. Right of rep. (applies only to union mem) 2. To be cert as the bargaining agent in the establishment Voluntary recognition (direct cert. not allowed) Only one union Must possess majority status w/ proof of the same Voluntarily recognized Matters cannot be subj. to collective bargaining Matters that are fixed by law Matters that involve appropriation of money Matters that involve exercise of management prerogative by High Level Employee Public Sector Management Council

Negative freedom of assoc Right of the workers not to form, join or be represented by a union.

NB. As between freedom of religion (freedom of conscience) and union security clauses, in the hierarchy of cons. Rights, the one that occupies a higher rank is the freedom of religion. Who can form a Labor Union Employees both of private and Gov Self-employed (not for purposes of CBA Employees of intl. org (not for CBA Who cannot Members of managerial Members of Coop Confidential Employees (under the doc. of necessary implication) - Those that have access to confidential labor relations information Members of Iglesia High Level Employees (Gov Officials) Members of the AFP, PNP, BJMP, BFD Nb. Collective Bargaining private sector Collective Negotiation gov sector

Bargaining Req. Possessoin of majority status Proof Bargaining process Consent Election An agreed election

w/ or w/o intervention of the Regional office of the DOLE (doctrine of union monopoly)

Cert election - w/ intervention of the Dole - majority of illegible voters shall vote - one who has garnered majority votes after the election - spoiled ballots are included in the first majority rule, excluded in the second majority Run-Off Election conducted by an election officer no union does not exist

Company union idea was initiated by the ER - When RnF union was captivated by the ER. Nb. Charge of company unionism is a prejudicial question that has to be first settled 4. negotiation bar rule 5. appeal bar rule 6. one year bar rule Exceptions to the contract bar rule 1. if the CBA is not registered - still valid b/w the parties - does not bar cert. elec. 2. if the CBA is incomplete, inadequate, substandard CBA - refers to economic provisions of the CBA was substandard - if the CBA for a conclusive arbitration clause, the CBA is incomplete or inadequate 3. if the CBA has been hastily entered into or prematurely extended 4. mass disaffiliation - they can still bargain even if their membership is already depleted with the management, until and unless the union lost in a cert. elec. 5. automatic renewal clause Principle of CBA Continuity - to prevent any hiatus that will result if no CBA is agreed upon by the parties CBA is a contract in personam - successor in interest is not governed by the previous CBA - unless the successor expressly adopt the previous CBA Duty to bargain collectively - performance of a mutual obligation b/w the employer and

Subscription Req. 25% If complied with mandatory to conduct Cert. election If not complied with discretionary - because the most expeditious way in determining the will of the employees is thru a cert. election Instances where cert. election cannot be conducted 1. contract bar rule - duly registered CBA bars cert. elec. - CBA must be registered - No cert election shall be held during the life span of the CBA except on the freedom period o Rep. Aspect 5 yrs. o Economic provision 3 yrs 2. deadlock bar rule - during the CB process, there was deadlock/stand still/impasse, which has been a subject to conciliation, mediation, grievance machinery or subj. to a notice of strike 3. charge of company unionism rule - ULP - Company domination/dominated union

the union on matter involving terms and conditions of employment promptly, expeditiously and in good faith, including providing Doctrinal standards of Collective bargaining Mutual Bargaining - CBA proposal by the union - ER submit counter proposal within 10 days - penalty imposed against an erring employer, the union CBA proposal shall be the governing CBA in the establishment Prompt Bargaining Good Faith bargaining Take not of the definition - Surface bargaining - Run away shop strike area include run-away shop - Boulwareism - Blue sky bargaining Contents of the CBA Union Security Clause - Close shop - Union shop o Coupled with maintenance of membership shop to retain their employment - Agency shop o Maintenance of treasury o Anti free rider clause o Non-union members receiving CBA benefits shall pay agency fees equivalent to the amount of union dues to support the union that made the benefit possible o Need not be included or agreed upon in the CBA, because the Labor Code already provides

GR. No waiver of the right to strike Exception: If the strike is waiveable under the no strike no deadlock clause Conclusive Arbitration Clause Must contain Drug Free provision Escalator Clause Separability Clause Effectivity Clause Q. May a non-registered union file a petition for cert. election? A. no Exception: If the federation issues a charter cert. to a chartered local, although not yet registered, that chartered local shall acquire an imperfect, partial legal personality and it can file a petition for cert. election only for the purpose of certification election Can the Principle of Comingling Apply under the Labor Code. - No, deemed excluded by operation of law - Does not apply to supervisory unions if there are rank and file and does not apply to rank and file union if there are supervisors in the group - But they can join the same Federation FEDERATIIONS - 10 locals/members - Principal is the local, the Federation is the agent - If the relationship of the federation and the member is cut off, the federation has no more right to represent the local NLRC - 8 Divisions - Quasi judicial functions are exercised in division

Judicial Functions of the NLRC 1. Contempt power 2. Injunctive power - NLRC can issue TRO - there must be a hearing conducted in observance of due process - TRO can be issued ex parte by the NLRC because the TRO is a mere interlocutory order prior to the issuance of a writ of injunction 3. Certification Power Art.263g - Issue on assumption can be certified to be resolved through a voluntary arbitrator 4. Appellate Power - Decisions of the LA under Art 217 o Damages o ULP - What is ULP an act of the ER or the UNION or their Agents which violate the right of the workers to self organization GR. E-E relationship must exist Exception: 1. Yellow-dog Contract a ULP committed against a non employee 2. Committed by the agent Take note of the ULP by the ER and EE o Violation of Art 264 Strike temporary stoppage of work Classification 1. Authorized one conducted with the approval of the union members through strike vote 2. Wildcat strike a strike that has not been approved by the union members 3. Particular strike one confined in one particular business establishment or entity 4. General strike form a sympathetic strike that is -

political in nature, staged in the absence of an E-E relationship. Ex. Welga ng Bayan, Industry Wide Strike 5. Slow down strike no stoppage of work, purpose is to reduce company out or production. Under the principles of no work no pay a. Sit down strike b. 6. Sympathetic Strike form of strike effected in sympathy to EEs of another industry. No E-E Rel. 7. Lightning strike a brief stoppage of work 8. Economic strike one declared on account of collective bargaining deadlock 9. ULP strike one staged on the right of the worker to self organization 10.Legal staged in compliance with law 11.Illegal non-compliance of the legal requirements that would make the strike legal Grounds 1. Based on a valid ground a. CB deadlock b. ULP (union busting) 2. Parties must have bargained collectively 3. Notice of strike 30-economic, 15ULP a. Filed with the NCMB b. During the cooling of period, the thing can still be resolved through grievance machineries i. Improved offer ii. Reduced offer iii. Arbitration iv. Conciliation v. Mediation Union Busting w/o compliance of the 24-hour prior notice rule and strike

voting within 7 days before the date of strike, there can be no strike. 4. Compliance with the 24-hour prior notice rule - w/n 24 hours before the conduct of strike vote, notice must be submitted with the NCMB and the employer of the date and place of the strike voting. - NCMB may intervene in the conduct of strike vote. 5. Submission of the strike vote report Reckoning period of filing of the strike vote report: upon expiration of the cooling of period (30 + 7 = 37 / 15 + 7 =22) 6. Compliance with the doctrine of means and purposes Legal purpose + legal means = legal strike Legal purpose + illegal means = illegal strike Who may be held liable in illegal strike? Officers of the union (officers of the union masterminded the illegal strike, they are liable under the doctrine of vicarious liability) In legal strike - Workers are not liable for damages under the doctrine of damnum absque injuria - Generally striking workers are not entitled to back wages under the principle of no work no pay Exceptions: 1. Discriminatorily dismissed 2. Workers did not strike but were illegally locked out by the employer 3. The striking workers unconditionally offered to return to work but was rejected by the employer Take note of instances of illegal strike

NB. -

In order to have an effective strike, there must be an effective picketing Picketing may be conducted in the absence of E-E Relationship because picketing is part of the right to freedom of expression

7. In case of strikes or lockout in hospitals, the union must provide for a skeletal work force. As to Police Officers - Shall not employ strike breakers (fink) o Big Money Claims - Any money claim, regardless of amount, accompanied with a claim for reinstatement - Any money claim regardless of whether accompanied with a claim for reinstatement, exceeding the amount of P5,000.00 per claimant Exception: Big money claims which arise out of the exercise of visitorial powers are congnizable by the Regional Director Art. 128 VISITORIAL POWERS - Enforcement order has the effect of a writ of execution CONTESTED (arising from Visitorial Powers) - If the evidentiary matter is readily available, the Regional Office retains jurisdiction - If evidentiary matter are not readily available the R.O will have to elevate the case to the Labor Arbiter IF NOT CONTESTED (arising from Visitorial Powers) - Regional Office retains Jurisdiction

Money claims of OFW, including disability and death benefits under R.A. 8042 Over church men pertaining to Secular Matters not religious matters

5. Flagrant and Gross violation of the CBA

inter-union disputes (representative disputes) intra- union disputes (organizational disputes) register union register CBA award of damages in relation to its functions

GOCC w/o Original Charter o 3rd party c0mplaint in relation to a writ of execution o Collateral matters - any matter that is incidental to the matter over which the LA has jurisdiction o Decisions of the LA pursuant to RA 9042 o Decisions of the LA regarding wage distortion in an unorganized establishment Initial jurisdiction is with NCMB If conciliation/mediation fail, the NCMB shall transmit the matter to the Regional Arbitration Branch of the NLRC. Labor Arbiter has Jurisdiction, Appealable to the NLRC - Art 129 of the LC o ULP ER 1. Yellow-Dog contract 2. Discrimination - Per se is not ULP - But if designed to dampen unionism 3. Company Unionism - Union organized by the company - Captive union 4. Contracting out of services - Per se is not ULP - However if the same is beyond 6 months, the same becomes ULP, leaving the union member nothing to work for

PADRONE SYSTEM - a form of involuntary servitude ART.12 Sec.6 Principle of Distrubutive Justice - no one has an absolute right over his property ART.13 1. Right to self organization 2. Right to collective bargaining 3. Right to collective negotiations 4. Right to security of tenure 5. Right to a living wage 6. Right to Just and humane conditions of work 7. Right to participate in policy and decision making processes 8. Right to profit sharing benefits - In the absence of a law, this right cannot be demanded - This is given out on account pursuant to a CBA, company practice or policy - Given as a matter of privilege by the employer CIVIL CODE PROVISIONS 1. PRINCIPLE OF NON-OPPRESSION - Neither capital nor labor shall act oppressively with each other - Both factors of labor and capital are equally protected

2. Laborers wages are not subject to execution or garnishment. Art.1708 Salary, wages, compensation, consideration are the same, it is but a matter of legal semantics. But in case of Art.1708, in the matter of execution and garnishment there has to be a distinction. Salary paid to employees Wages laborers who do manual labor