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Art. 232. Bureau of Labor Relations and Labor Relations Divisions in the regional offices of the DOLE.

Original and exclusive AUTHORITY TO ACT: (upon their own initiative or request of either/both parties) 1. Inter-Union conflicts/disputes – (read p.574)       Any conflict between/among legitimate labor unions involving representation questions for purposes of collective bargaining. Any dispute between legitimate labor unions. Any conflict between/among members of a union. Grievances arising from any violation of the rights and conditions of membership. Violation of or disagreement over any provision of the union’s CBL. Disputes arising from chartering or affiliation of union. 2. Intra-Union conflicts/disputes –

Atty. Balais’ Lecture:  A mere request for Audit/accounts examination of union/worker’s association funds without an allegation of corruption and misuse of funds is not an intra-union conflict that falls upon the jurisdiction of the Med-Arbiter but rather within the ambit of the visitorial powers of the SOLE exercised by the RD.   In case of illegal termination, the union and the employer are solidarily liable. Original jurisdiction of the BLR: i. ii.     Cancellation of Federation/National Union registration; and Certification Election in Government Unions.

The Armed Forces and the PNP have no right to form a union. They cannot stage a strike. Government employees can negotiate with the government all other terms and conditions of employment that are not provided for by law. CBA must be registered; otherwise, the contract bar rule will not take effect. Hence, a petition for certification election may be granted. Only the economic provisions of the CBA may be renegotiated, and not the political provisions. Thus, the 5-year period of the CBA shall remain and does not move to prevent a perpetual moving of the freedom period.

3. All disputes, grievances or problems arising from or affecting labor-management relations –    Cancellation of registration of a labor organization. Interpleader. Any conflict between a labor union and an individual, entity or group that is not a labor organization or workers’ association. Exception: Those arising from the implementation/interpretation of CBA – this falls on grievance machinery and/or voluntary arbitration. The Bureau shall have 15 working days to act on such cases, subject to extension by agreement of the parties.

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avoid a litigation or put an end to one already commenced. If it involves a Labor Federation/National Union – with the BLR. Related labor relations disputes. WHERE to file the complaint: a. 2. 233. (RD’s jurisdiction) WHO may file the complaint: a. and c. Decision of the Bureau Director – with the SOLE. not necessarily a union or its member. within 10 days from receipt of decision. b. to wit: a) That there was no fraud or deceit on the part of any of the parties. Exception: It may be invalidated if the amount received by the complainant is unreasonably lower than what is legally due.  Refers to the proceedings intended to determine which among the rival unions should be officially certified as the exclusive representative of the employees in bargaining collectively with their employer. It is voluntarily entered in writing by the parties. NLRC. b. Decision of the Med-Arbiter/RD – with the BLR. Inter / Intra-Union disputes.  If the above requirements are met. It represents a reasonable settlement of the claims.   It is a contract where the parties. In cases of Inter / Intra-Union disputes – by the LLO or its members. The agreement/settlement will only be valid if: a. b) That the consideration of the quitclaim is credible and reasonable. Representation cases. b. There are other requisites. it shall be final and binding upon the parties. Art. and 2 . APPEAL of the decision: a. b. 307 SCRA 198 It is never enough to assert that the parties have voluntarily entered into such a quitclaim. If it involves an independent union. within the same period above. It is executed with the assistance of the BLR or the DOLE Regional Office. or a workers’ association – with the DOLE Regional Office where such labor organization is registered. More Maritime Agency vs. Exception: Cancellation of union registration. by making reciprocal concessions. and 3.Med-Arbiter – an officer in the DOLE Regional Office/Bureau of Labor Relations authorized to hear and decide: 1. Compromise agreement/settlement. chartered local. Other related labor relations disputes – any party-in-interest/individual.

mistake or duress can be had. It is an issue in any judicial litigation. public order. Such authority must be produced as evidence. Art. The Bureau/Regional Offices shall act upon the registration of the CBA within 5 calendar days from receipt thereof. iii. 1. Issuance of subpoenas.  Such files shall be open and accessible to interested parties under conditions prescribed by the SOLE. thus. ii. and represents a reasonable settlement. misrepresentation. it must be respected by the courts as a binding law between the parties. Art. at the request of any interested party or at its own initiative. or 2.c) That the contract is not contrary to law. 234. They may also opt not to be represented by a union. Registry of unions and file of CBA. Appointment of bureau personnel by the SOLE. It must be authorized by each of its member. morals or good customs or prejudicial to a third person with a right recognized by law. There is prima facie evidence that the settlement was obtained through fraud. Certification election is a process whereby all employees in a collective bargaining unit vote among several legitimate labor organization to represent them for collective bargaining. 235. Judgment rendered in accordance with a compromise agreement is NOT APPEALABLE. 236. with full understanding. Exception: A motion to set aside the agreement on the ground of fraud. If such motion is denied. an appeal can be taken against the order denying such motion. public policy. Exception: Such is valid if entered into voluntarily. Art. This is disfavored by law for it is against public policy. Art. Prohibition on CERTIFICATION ELECTION. and 2. The NLRC or the regular court may assume jurisdiction if: 1. Exception: No specific information submitted in confidence shall be disclosed. Exceptions to the exception: i. waiver. Authorized by the SOLE. 237. or When public interest or national security so requires. Quitclaims – to renounce or to give up a claim. or coercion. There is noncompliance thereof. 3 . Compromise agreement entered by UNION OFFICERS: Requisites before the laborer’s right may be affected. and is IMMEDIATELY EXECUTORY.

LABOR ORGANIZATIONS Art. and 6.   Information and statements made at CONCILIATION/MEDIATION PROCEEDINGS shall be treated as privileged communication and shall not be used as evidence in the Commission. The minutes of the organizational meetings and the list of workers who participated. Copies of their financial report. 2. if the applicant union has been existing for one year or more. The principal address of the labor organization. and the list of the members who participated therein.When will a certification election NOT BE HELD: i. The petition for certification election is filed within the 60-day freedom period before the expiration of the CBA. Common requirements: 1. Art. The CBA entered into between the employer and the union during the pendency of a petition for certification election. e. Conciliators/Similar officials shall not testify in any court/body regarding any matters taken up at a conciliation proceedings conducted by them. Contract Bar Rule . a. 4 copies of its CBL. P50 registration fee. When such is a sweetheart contract. instances. 238. Requirements for registration.when there is a valid and registered CBA. the CBA does not contain the substantial economic benefits for the employees/workers. Deadlock Bar Rule – when there is a bargaining deadlock which is being resolved by Voluntary Arbitration. Exceptions: In the ff. Contract where the identity of the exclusive bargaining representative is in doubt. A CBA entered into with a labor union that is not the exclusive bargaining agent in the company premises. The names and addresses of the officers. the existence of such bars the holding of a certification election or any action that may disturb said CBA. Privileged Communication. Additional requirements: a) For an Independent union – the names of all its members comprising at least 20% of all the employees of the CBU where it seeks to operate. certification of election can be had despite the existence of a CBA. 239. 5. b. d. 12-month Bar Rule – within one year from the date of certification election. that is. b) For a Federation/National Union – 4 . 4. counted from the date the results are certified by the DOLE. 3. c. minutes of its adoption/ratification. ii. iii.

each must be the duly recognized SEBA in the establishment/industry where it operates. Procedures for affiliation: i. The rights and privileges granted to them as a legitimate labor organization ceases. If majority votes affirmatively. The names and addresses of the companies where the locals/chapters operate. It can be registered even without the 20% minimum membership. it offers a contract of affiliation. iv. If the federation/national union accepts the resolution/request. in which as one of its purpose is for collective bargaining concerning wages. It is done by serving the local/chapter a verified notice of revocation. Labor organization – a union/association of employees in the private sector. c) For Chartered Local – the charter certificate issued by a federation/national union. together with supporting documents evidencing the establishment of such local/chapter. thus. The independent union submits proposed affiliation to its members. a) Independent Union – a union which obtained registration through their own independent action. iii.i. hours of work and other terms and conditions of employment. Proof of the affiliation of at least 10 locals/chapters. acquiring a legal personality of its own. copy furnished the BLR. ii. It cannot file a petition for certification election. Neither can it bargain with the employer nor stage a strike. Effects of revocation: i. 5 . a resolution/request to affiliate is presented to the chosen federation/national union. and The list of all the members in each company involved. The revocation will divest the chartered local of its legal personality upon receipt of notice by the BLR. is filed with the DOLE Regional Office. the said applicants shall acquire legal personality and shall be entitled to the rights and privileges granted by law to LLO’s. iii. Legitimate Labor Organization – any labor organization in the private sector which is registered with the DOLE. ii. ii. iii. Other grounds as may be specified in the CBL of the federation/national union. Disloyalty. ii. Revocation of chartered local by the Federation/National Union Grounds: i. b) Affiliate – an independent union which affiliated itself with a federation/national union. Upon the issuance of the certificate of registration by the DOLE. The remedy of the chapter is to obtain independent registration for them to acquire their own legal personality.

Art. false statement or fraud in connection with: a) The adoption or ratification of the CBL or amendments thereto. Despite affiliation. though application is received at the DOLE Regional unit free to serve the common interest of all its members. . (if certiorari is justifiable) The Bureau shall act on all applications for registration within 30 days from filing. Office. Grounds for cancellation of union registration. it remains the basic Disaffiliation It is not absolutely prohibited but it can be restricted by the contract of affiliation. For Independent Unions. the relationship between them is contractual. Where to apply for registration: i. It is the people to be represented by the SEBA in dealing or bargaining with the employer. where each must be the duly recognized SEBA in the establishment/industry where it operates.  Denial of such application is appealable to the SOLE and from there. to the CA. as contrasted with an independent union. as provided by the contract. Collective Bargaining Unit – a grouping of workers who have common interest in matters that affect their employment.  ii. where such charter is also registered with the Regional Office or the BLR. 6 Denial of such application is appealable to the BLR Director and from there. 246. Sole and Exclusive Bargaining Agent – The existence EE-ER relationship is essential for the exercise of the right to organize for purposes of collective bargaining. such affiliation does not cause the said independent union to lose its own legal personality.Thus. Federations/National Unions – one which has at least 10 locals/chapters. 1. Example: A certain number of votes may be needed to authorize the disaffiliation or it may refer to the time the disaffiliation may be done. c) Chartered Local/Chapter – a union recipient of a charter issued by a duly registered federation/national union. However. to the CA. Workers’ Association – an association of workers organized for the mutual aid and protection of its members or for any purpose other than collective bargaining. For Federations/National Unions – with the BLR. Chartered Locals and Workers’ Association – with the Labor Relations Division of DOLE Regional Office where they principally operates. Misrepresentation. It has no legal personality of its own.

If ever there will be a new SEBA in the midst of the existence of a CBA negotiated by a prior SEBA. It shall not prevent the filing of a petition for certification election. The cancellation. For Independent Unions. Effect of a PETITION FOR CANCELLATION of union registration. It shall not suspend the proceedings on certification election. and 2. and c) The list of voters. Chartered Locals and Workers’ Association – with the Labor Relations Division of DOLE Regional Office where they principally operates. to the CA. however. 245. 7 . said CBA must be respected by the former up to its expiration date. Its juridical personality. For Federations/National Unions – with the BLR. to the CA. (if certiorari is justifiable) Notes:  Substitutionary Doctrine – employees cannot revoke the validly executed CBA with their employer by changing their SEBA.b) The minutes of ratification. Misrepresentation. does not invalidate an otherwise valid CBA which the union has entered into prior to the cancellation of its certificate. Voluntary dissolution by the members. 1. 3. Effect of cancellation of union registration The union is no longer a legitimate labor organization. An employer may also seek cancellation of a union’s registration based on: a) Lack of required documents.  Requisites: a) At least 2/3 of the general membership votes are obtained. as well as its statutory rights is suspended. except in violations of the right and conditions of membership in a labor organization which can be commenced only by the members. and b) An application to cancel registration is submitted to the Board. b) The minutes of the election of officers.  Order of cancellation is appealable to the BLR Director and from there.  ii. attested by its President. or c) Lack of 20% support of the bargaining unit. and c) The list of members who took part in the ratification. 2. Art. false statement or fraud in connection with: a) The election of officers. Who may cancel the registration: Any party-in-interest may commence a petition for cancellation of union registration. Where to file petition for cancellation i. b) Unlawful composition of union membership. Order of cancellation is appealable to the SOLE and from there.

 Merging of rank-and-file employees and supervisors in one CBU is not a ground for cancellation of the registration but the supervisors are deemed excluded. 8 .