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UP Portia Bar Mental Jugger

Labor Relations
Based on the outline of Professor D.P. Disini, Jr.
Part one: Introduction -concerning
Labor Relations Policy – A211 >terms and conditions of employment
A. >the association or representation of persons in
a. primacy of collective bargaining and negotiations, including …negotiating
voluntary arbitration, mediation and conciliation, as modes …fixing
of settling labor or industrial disputes …maintaining
b. Free Trade unionism: instrument for enhancement of …changing
democracy and promotion of social justice and development …or arranging the terms and conditions of employment
c. Free and Voluntary Organization of a Strong and United -regardless of whether the disputants stand in the proximate
Labor Movement relation of employer and employee
d. Enlightenment of workers concerning their rights and
obligations as union members and as EEs
e. adequate administrative machinery for expeditious Part two: Right to Self-organization
settlement of labor or industrial disputes basis of right
f. stable but dynamic and just industrial peace 1. Constitution (Art XIII, Sec.3)
g. participation of workers in decision and policy-making 2. Statutory: LC
processes affecting their rights, duties and welfare 3. Universal declaration of HR
B. 4. ILO convention No. 48
GR: no court or administrative agency shall have the power to
set or fix wages, rates of pay, hours of work or other terms SCOPE
and conditions of employment A243:All persons employed
X: otherwise provided by LC[compulsory arbitration, minimum -in commercial, industrial and agricultural enterprises
wage fixing, wage distortion dispute] -in religious, charitable, medical or educational institutions
-whether operating for profit or not
So areas of concern, summary: …shall have the right
[211ALC, AXIII, Sec3*] A. to self-organization
1) Method of Dispute Settlement B. to form, join, or assist labor organizations of their
2) Trade Unionism own choosing
3) Worker Enlightenment -for purposes of collective bargaining
4) Dispute Settlement *those who may form labor organization for their mutual aiid
5) Industrial Peace and protection:
6) Worker Participation in Decision Making -ambulant
7) Wage Fixing -intermittent
8) Tripartism -itinerant workers
-self-employed people
-rural workers
Definitions -those without any definite employers
*take note of “means” and “includes”
212e: ER EXTENT of RIGHT
-includes: -includes right to refuse/refrain from exercising right to self-
…any person acting in the interest of an employer organization Reyes v. Trajano, 209 SCRA 484 (1992)
…directly or indirectly -includes right to raise issues to the ERs in behalf of the EEs
-shall not include: any labor organization or any of its officers Union of Supervisors v. SOLE, 109 SCRA 139 (1981)
or agents except when acting as ER -includes right to disaffiliate Central Negros v. SOLE, 201
212f: EE SCRA 584 (1991)
-includes:
…any person in the employ of an employer *Members of Religious Group
…not limited to EEs of a particular ER, unless LC explicitly -they cannot be compelled to join unions Victoriano v. Elizalde
states so Workers Union, 59 SCRA 54 (1974)
…any individual whose work has ceased as a result of or in -they can form their own union in accordance with the right to
connection with self-organization Kapatiran sa Meat and Canning Division v.
>any current labor dispute Calleja, 162 SCRA 367 (1988)
>any unfair labor practice
+ has not obtained any other substantially equivalent and A244: Government Employees
regular employment *established under Corporation Code: right to organize and to
212g: Labor organization bargain collectively with their respective employers
-means any union or association of employees *all other employees in the civil service: right to form
-exists in whole or in part for the purpose of associations for purposes not contrary to law
>collective bargaining
>dealing with ERs concerning terms and conditions of A245: Managerial Employees
employment ~Managerial employees: NOT ELIGIBLE to join, assist or
*not limited to 1 ER: emphasis on purpose for which the union form any labor organization
is established, not membership Airline Pilots Association of ~~Supervisory employees: NOT ELIGIBLE for membership
the Philippines v. CIR, 76 SCRA 274 (1977) in a labor organization of rank and file employees; BUT MAY
212h: Legitimate Labor Organization join, assist, or form separate labor organization of their own
-means any labor organization …rank and fie union and the supervisor’s union operating
-duly registered with DOLE within the same establishment may join the same federatin or
-includes any branch or local thereof (the branch should also national union (as amended)
be a legitimate labor organization Lopez Sugar Corp v. SOLE, ~one who is vested with the powers or prerogatives
247 SCRA 1 (1995) a. to lay down and execute management policies
212l: Labor dispute b. to hire, transfer, suspend, lay-off, recall, discharge, assign or
discipline EEs
-includes any controversy or matter
UP Portia Bar Mental Jugger
Labor Relations
Based on the outline of Professor D.P. Disini, Jr.
~~effectively recommend such managerial actions if the exercise of Labor union and Government Regulation
such authority is not merely routinary or clerical in nature but requires A234 Requirements for registration in general
the use of independent judgment -a federation
…national union
A269: Aliens …industry or trade union center
Can only exercise right to self-organization and join or …an independent union
assist labor organizations iff: -shall acquire legal personality and shall be entitled to the
a. alien holds work permit rights and privileges granted by law to legitimate labor
b. alien is a national of a country which grants the same organizations
or similar rights to Filipino workers -WHEN: upon issuance of the certificate of registration
-required to be submitted:
*NOW: Security guards can exercise right to self-organization. (a) P50.00 registration fee
Prohibition removed by EO 111 (b)names of its officers
…their addresses
Workers with NO RIGHT TO SELF-ORGANIZATION …the principal address of the labor organization
1. Managerial and Confidential Employees …the minutes of the organizational meetings
Confidential EEs …the list of the workers who participated in such meetings
-by necessary implication, ONLY has right to organize for (c) if applicant: independent union: names of ALL its members
mutual aid and protection comprising at least 20% OF ALL THE EMPLOYEES IN THE
-Jurisprudential rules: BARGAINING UNIT where it seeks to operate
[1] Deemed confidential EE IF he *acts in a confidential (d) if applicant union in existence for 1+ years: copies of
capacity, *assists another individual who formulates, annual financial reports
determines, effectuates mgt policies in the field of labor (e)4 copies of the constitution and by-laws of the applicant
relations, and *has access to information re labor mgt. union
relations as *an integral part of his job (nature of access + …minutes of its adoption or ratification
nature of info). …list of the members who participated in it
[2] If the info relates to non-labor mgt relations, no right to ~certified under oath by sec/treasurer; attested to by
SO. president (A235)
2. Cooperative members A234-A Chartering and Creation of a Local Chapter
a. if individual also an EE and member of cooperative: Can’t -duly registered federation/national union may directly create
exercise right Rural Bank of Davao Case a local chapter by issuing a charter certificate indicating the
b. if only EE, not a member of cooperative, can exercise right establishment of the local chapter
to self-organize *rights of Local chapter
*the fact of ownership of the cooperatives (members of -legal personality for purposes of filing a petition for
cooperatives are co-owners of the cooperative) is the basis of Certification Election (CE): from the date it was issued a
prohibition as the owner cannot bargain with himself Benguet charter certificate
Electric Cooperative v. Calleja, 180 SCRA 740 (1989) -all other rights and privileges of a legitimate labor
*What about stockholders: Corporation vs. Cooperative organization: upon submission of the following documents:
(Rural Bank of Davao Case): different from cooperative so (a) names of the chapter’s officers
different rules apply …their addresses
Cooperative Corporation …the principal office of the chapter
purpos service profit (b) chapter’s constitution and by-laws; if the same as the
e constitution and by-laws of the federation/national union,
owners 1 share Many shares indicate fact accordingly
hip ~certified under oath by sec/treasurer; attested to by
president (A235)
3. Non-employees
4. *EEs outside the bargaining unit: A245-A A237. Additional requirements for
- EEs outside the bargaining unit who became union members Federations/National Unions (aside from those in 234)
shall be automatically deemed removed from the list of (a) proof of the affiliation of at least 10 locals/chapters,
membership of said union – should join union in their own each of which must be duly recognized collective bargaining
bargaining unit? (NOTE: this provision is new. And weird. What agent in the establishment or industry in which it operates,
about national and federal unions?) supporting the registration of such applicant
federation/national union
(b)names and addresses of the companies where the locals or
Part three: Labor Organization chapters operate
212g: Labor organization …and the list of all the members in each company involved
-means any union or association of employees
-exists in whole or in part for the purpose of Additional Jurisprudence Rules:
>collective bargaining *Book of accounts not required to be submitted anymore
>dealing with ERs concerning terms and conditions of since protection of labor can be achieved through the
employment reportorial requirements in LC Pagpalain Haulers v. Trajano,
*not limited to 1 ER: emphasis on purpose for which the 310 SCRA 354 (1999)
union is established, not membership Airline Pilots Association *By-laws of the union not needed to be submitted if it is part
of the Philippines v. CIR, 76 SCRA 274 (1977) of the union’s constitution SMC v. Mandaue, 467 SCRA 107
(2005)
Legitimate Labor Organization *Registration is merely a condition sine quo non for
-duly registered with DOLE 1. the acquisition of legal personality
-includes any branch or local thereof (the branch should also 2. possession of rights and privileges not guaranteed by the
be a legitimate labor organization Lopez Sugar Corp v. SOLE, constitution or by statutory creations PAFLU v. SOLE, 27 SCRA
247 SCRA 1 (1995) 40 (1969)
UP Portia Bar Mental Jugger
Labor Relations
Based on the outline of Professor D.P. Disini, Jr.
-rooted on self-preservation Villar v. Inciong, 121 SCRA 444
Action or Denial of Application and Remedy (1983)
A235: Bureau shall act on application for registration within D. Due Process Rules
30 days from filing - a member of a labor union may be expelled only for valid
-All requisite documents and papers shall be certified under causes and by following the procedure outlined in the LO’s
oath by the secretary or the treasurer and attested by the constitution and by laws Bugnay v. Kapisanan ng mga
president. Manggagawa sa MRR, 4 SCRA
E. Election Officers
A236: appeal denial within 10 days from receipt of A241(c)
notice -by secret ballot
-at intervals of 5 years
Rights of legitimate labor organization -no qualification requirements for candidacy to any position
A242 other than good standing in the subject LO
(a) act as representative of its members for CB -SOLE provided with a list of newly-elected officers within 30
calendar days after the election of officers or from the
(b) certified as exclusive representative of ALL EEs in an
occurrence of any change in the list of officers
appropriate bargaining unit (ABU) for purposes of CB
Jurisprudential Rules:
(c) to be furnished by ER upon written request with
-only members of the LO are qualified to vote, except as
annual audited financial statements (after being
otherwise provided by Consti and by-laws UST Faculty Union
certified as duly recognized bargaining
v. Bitonio, 318 SCRA 185 (1999)
representative or w/n 60 calendar days before
-previous misconduct of candidates is not a ground for
expiration of CBA or during CB negotiations
disqualification of as an officer Manalad v. Trajano, 174 SCRA
(d) own property for labor org and members
322 (1989)
(e) sue and be sued
F. Major Policy Matter
(f) undertake all other activities designed to benefit the
A241d
org and its mems
-by secret ballot
-after due deliberation
Effect of nonregistration: Cannot avail of A242 rights
-any question of major policy affecting the entire
membership of the organization
Cancellation of Union Certificate Registration
-unless the nature of the organization or force majeure
A238: may be cancelled by the Bureau,
renders such secret ballot impractical: board of directors
-after due hearing
may make the decision in behalf of the general membership
-only on A239 grounds
G. Union Funds, Source of payment
A238-A: Effect of a Petition for Canellation of
A241
Registration
b: members entitled to full and detailed reports of all
-shall not suspend the proceedings for Certification Election
financial transactions
-shall not prevent the filing of a petition for CE
g. no collection of any fees, dues or other contributions or
A239: Grounds for cancellation of Union Registration
make any disbursements unless duly authorized
(NOW ONLY 3):
h. payment of fees, dues or other contributions evidenced
(a) misrepresentation, false statement or fraud (MFF) in by receipt
connection with the adoption or ratification of the i. disbursement of funds:
constitution and by-laws or amendments thereto, the …purpose or object expressly provided by consti and by-
minutes of ratification and the list of members who laws
took part in the ratification …expressly authorized by written resolution adopted by
(b) MFF in connection with elections of officers, minutes the majority of the members at a general meeting duly
called for the purpose
of the election of officers, and the list of voters
j. record of financial records
(c) Voluntary dissolution by the members
l. treasurer of any labor organization and every officer
A239-A: Voluntary Cancellation
responsible for the account of such organization …shall
-cancelled by LO itself
render to the organization and to its members a true and
-at least 2/3 of its general membership votes
correct account of all moneys received
…in a meeting duly called for that purpose to dissolve the
m. book of accounts and other records of the financial
organization
activities open to inspection
-application to cancel submitted by the board of the LO,
n. LEVY: no special assessment or other extraordinary fees
attested by president
may be levied upon the members of a LO unless
…authorized by a written resolution of a majority of all
Union-member relations
the members in a general membership meeting duly
Nature of relationship: fiduciary in nature, arises out of
called for the purpose
(1) degree of dependence of the individual EE on the
…secretary of the LO record the minutes of the meeting
unin
…president attest the record
(2) comprehensive power vested in the union with
o. CHECK-OFF: other than for mandatory activities under LC:
respect to the individual
no special assessment, attorney’s fees, negotiation fees
*Union is the agent of its members Heirs of Cruz v. CIR, 30
or any other extraordinary fees may be checked-off from
SCRA 917 (1969)
any amount due to an EE
*requirements for it to be allowed
*Issues:
-an individual written authorization duly signed by the
A. Admission and Discipline of Members
employee
-union can set rules and regulations for Union membership
-authorization should specifically state
(A249a)
…the amount
-an EE is entitled to union membership regardless of status,
…purpose
from day 1 (A277c)
…beneficiary of deduction
B. Retention of Membership
C. Discipline
UP Portia Bar Mental Jugger
Labor Relations
Based on the outline of Professor D.P. Disini, Jr.
*Re Attorney’s fees: distinguish between extraordinary fees -best assure workers their reciprocal rights in
in A241 and atty’s fees in A222 accordance with law
A222 speaks of atty’s fees re disputes -best assure workers of exercise of right
A241 speaks of special assessments and extraordinary -maximum exercise of rights granted by law
expenses; this can be processed thru check off
*ABS-CBN case: when atty’s fees effected through forced Factors to determine ABU
contributions from the workers’ own funds, and not from *Standard test: Community or mutuality of interest: basic
union’s funds, it is prohibited unless it has complied with the test of an asserted bargaining unit’s acceptability is WON it is
requirements in LC – no shortcuts fundamentally the combination which will best assure to all
EEs the exercise of their collective bargaining rights UP v.
Ferrer-Calleja, 211 SCRA 452 (1992)
Part four: Union Security *factors considered in Democratic Labor Association v. Cebu
248 (e) ULP ERs Stevedoring Co. Inc. (103 Phil 1103 [1958]):
Nothing in LC or in any other law shall stop the parties from (1) will of employees (Glove Doctrine);
requiring membership in a recognized CB Agent as a condition (2) affinity and unity of employee's interest, such as
for employment, except substantial similarity of work and duties or similarity of
-EEs who are already members of another union at the time of compensation and working conditions;
the signing of the CBA (3) prior collective bargaining history; and
(4) employment status, such as temporary, seasonal and
Closed-shop: an enterprise in which by agreement between probationary employees".
the ER and EE, no person may be employed in any or certain
agreed departments unless he/she is, becomes, and for the *Geography: when diff kinds of works, problems and
duration of the agreement, remains a member in good interests of EEs are peculiar in each camp or department
standing of a union entirely comprised of or of which the EE in Benguet Consolidated v. Bobok Lumberjack Assn., 103 Phil
interest are apart (Rothenberg) 1150 (1958)
*for there to be a closed-shop agreement (CSA) in the CBA,
the membership in the union should be a requirement for On Corporate Entitles
continuing employment in the company Gen. Rule: Dayotogan and Interphil – Corporate fiction,
treated as distinct corporations even if there’s common
Coverage: ownership.
a. persons to be hired Exception: Philippine Scouts Veterans case – If there’s
b. EEs who are not yet members of any LO pervasive commonality, piercing the corporate veil is justified.

Rationale: Unit Severance/Globe Doctrine (from BarOps reviewer)]


-promote unionism It is best explained in the context of a market place and the
-encourage workers to join and support the union of choice in demand of employment on such market place. The GLOBE
the protection of their rights and interest against ER DOCTRINE usually applies to employees with rare skills or
Implementation of the CSA highly technical ones.
-ER bound to exercise caution in dismissing EEs based on Example given: Case of Pilots and Stewardess.
CSA; should inquire into the lawfulness of the dismissal If ,originally, pilots and stewardesses belong to ONE
bargaining unit (unit A) for the purpose of collective
Financial Security bargaining, with the use of the GLOBE DOCTRINE a plebiscite
A248e can be held to determine if the pilot employees would want to
-EEs of an appropriate bargaining unit who are not members form a separate bargaining unit (unit B).
of the recognized CB agent may be assessed a reasonable fee Illustration:
equivalent ot the dues and other fees paid by members of the Unit A (original bargaining unit) : 100 Pilots + 200
recognized CB agent, if such non-union members accept the Stewardesses = 300 employees Unit B (proposed new unit):
benefits under the CBA Pilots = 100 employees.
Those in unit B (100 pilots) will vote in a plebiscite. Their
Types choices will be
Access to labor Post Termination (1) To vote for Unit A: this would mean that they do not wish
market employment to separate from the original bargaining unit.
CLOSED Membership Retain Could (2) To vote for Unit B: This would mean that they would want
SHOP required, only membership terminate if to form their OWN bargaining unit, composed of pilots only.
hire members not member (3) Neither: They do not want the choices If you have one BIG
UNION Open – no provided bargaining unit, most probably you are grouping together
SHOP membership due process DIFFERENT SKILLED workers.
requirement observed Rationale of the Globe Doctrine: highly skilled workers
MAINTENAN Free access If join union, have to separate to increase their market value.
CE maintain Under the Globe Doctrine, will of the employees is the
membership determinative factor.

*Effect of prior agreement: A prior agreement on the


Part Five: Appropriate Bargaining Unit composition of a bargaining unit is not binding.
Rothenberg Definition: Appropriateness of bargaining unit composition may change.
1. composition: all or less than all the EEs of a particular DLSU v. DLSU Employees Assn, 330 SCRA 363 (2000)
ER
2. ER’s equity must be considered (administration of Part Six: Union Representation: Establishing Union
CBA) Majority Status
3. group EEs in their mutual and common interest: Precondition: EER
wages, hours of work, other terms and conditions of -absent EER, there’s no duty to bargain; absent duty to
employment bargain, no need to conduct CE
UP Portia Bar Mental Jugger
Labor Relations
Based on the outline of Professor D.P. Disini, Jr.
Laguesma, 238 SCRA 389 (1994; DO 40-03 requires that PCE
Purpose: be filed with the Regional Office which issued the petitioning
-determine will of workers on crucial question of who shall LO’s certificate of registration)]
represent them in their negotiations with the management -within 60-day period before the expiration of the CBA (during
and for a CBA that will best project and promote their interest the freedom period)
Port Workers Union of the Philippines v. Laguesma, 207 SCRA -Med-Arbiter shall automatically order an election by secret
329 (1992) ballot when the verified petition is supported by the
-Reyes v. Trajano: to ascertain wishes of the majority of EEs in written consent of at least 25% of al the employees in
ABU the bargaining unit to ascertain the will of the employees in
…to be represented or not the appropriate bargaining unit. [substantial support may be
…if to be represented, by whom submitted within a reasonable period from filing PCE Port
Workers Union of the Philippines v. DOLE, 207 SCRA 329
Methods of Establishing Majority Status (1992); even if some of the EEs withdrew their written
*Certification election vs. Consent Election Warren consent, if the 25% requirement is still complied with, there is
Manufacturing Workers Union v. BLR, 159 SCRA 387 still substantial support Tagaytay Highlands v. Tagaytay
(1988) Highlands Union, 395 SCRA 699 (2003); If LO did not reach
CE ConE the 25% support requirement, BLR can exercise discretion to
Ordered Agreed upon by the parties determine WON CE must be conducted Scout Albano
Determines sole and Determines the issue of Memorial College v. Noriel, ]
exclusive bargaining agent or majority representation of all -VALID ELECTION: at least a majority of all eligible voters
representative for CB the workers in the in the unit must have cast their votes
appropriate CBU -TO WIN AS THE Exclusive Bargaining Agent/Rep (EBA/EBR):
*separate and distinct majority of the valid votes cast certified
process; has nothing to do -Run-off election if no choice received the majority: top 2 Los
with the import and effect of (should have received a total of 50% of the votes cast when
a CE combined)
-In cases where the petition was filed by a national union or
federation, it shall not be required to disclose the names of
*Run-off election: the local chapter’s officers and members
-when CE provides 3+ choces -At the expiration of the freedom period + no PCE filed
-no choice receives majority of the valid votes cast incumbent BA should still be recognized with majority status
-conducted between the 2 LO receiving the highest number of
votes, total number of votes for all contending unions is at B. Unorganized Establishment
least 50% of the number of votes cast A257
-establishment where there is no certified bargaining agent
*Voluntary Recognition -CE automatically conducted by Med-Arbiter upon filing of a
-process of determining, through secret ballot the sole and PCE by any Legitimate LO including
exclusive representative of the employees in an ABU for …a national union or federation which has already issued a
purposes of CB + reported with the Regional office + Only 1 charter certificate to the local/chapter participating in the CE
legitimate LO in establishment …or a local/chapter which has been issued a charter
certificate by the national union or federation
Before VR recognized:
-no direct certification Organized vs. Unorganized
-statutory policy that cannot be circumvented A256 A257
-law is partial to CE: most democratic and efficient means to establishment Organized (has existing Unorganized (no
determine will of EE BA) existing BA)
PCE Verified petition No verification
Now: with DO no. 40-03: VR bar to CE within 1 year (so for 1 needed
year, ER compelled to recognize a LO that may not represent
the majority opinion in the establishment)
When to file Can only file PCE Anytime
within the 60-day
*No direct certification by ER of a LO as the EBR Colgate
freedom period
Palmolive v. Ople, 163 SCRA 323 (1988)
QUESTION: what if 60-
day period expired
Process: Filing a PCE
then no PCE filed.
I. The UNION as initiating party
When can the PCE be
A. Organized Establishment
filed? Forever na ung
A256.
incumbent BA?
-Verified petition questioning majority status of incumbent
Substantial With substantial No substantial
bargaining agent (PCE) [a formal requisite; even if lacking,
support support of 25% of all support needed
court may dispense with the requirement in the interest of
employees in the ABU
justice National Mines and Allied Workers Union v. SOLE, 227
SCRA 821 (1993)]
II. ER as the initiating party
-filed by any LEGITIMATE LO including
A258
….a national union or federation which has already issued a
-ER requested to bargain collectively
charter certificate to its local chapter participating in the CE
-ER may file PCE with BLR
…a local chapter which has been issued a charter certificate
-if NO EXISTING CBA, BLR order a CE after hearing (NOTE: Not
by the national union or federation [acquires legal
automatically)
personality to file a PCE from the date it was issued a
-Certification cases decided within 20 working days
charter certificate – A234-A]
-BLR shall conduct a CE within 20 days in accordance with IRR
-VENUE: before the DOLE [since the worker is the
disadvantaged party, the LO may file PCE in the nearest DOLE
Role of ER: a bystander (A258-A)
office – not necessarily the regional office Cruz Valle Inc. v.
UP Portia Bar Mental Jugger
Labor Relations
Based on the outline of Professor D.P. Disini, Jr.
-ER always not considered a party to the CE (cannot oppose a *failure to participate in the previous CEs is not a bar to the
PCE) right to participate in future elections Reyes v. Trajano, 209
-participation limited to: SCRA 484 (1992
(1) being notified or informed of PCE
(2) submitting a list of employees during the pre-election Others
conference should the Med-Arbiter act favorably on the *posting of notice of CE required, but may be waived Jiescor
petition Independent Union v. Torres, 221 SCRA 699 (1993)
*election should be conducted on a regular working day within
Process: CE Procedure the ER’s premises (regardless if there’s a strike) Asian Design
Nature: Young Men Labor Union Stevedores v. CIR, 13 and Manufacturing v. Calleja, 174 SCRA 477 (1989)
SCRA 285 (1965) *Requirements in order that a protest filed would prosper
-Investigatory in nature (Philippine Fruit and Vegetables Industries v. Torres, 211
-Object: not the decision of any alleged commission of wrong SCRA 95 (1992):
nor asserted deprivation of right BUT is merely a 1. protest filed with the representation officer and made of
determination of proper bargaining units and the record in the minutes of the proceedings before the close of
ascertainment of the will and choice of EEs in selection of BR. election proceedings,
-doesn’t entail entry of remedial orders/redress of rights BUT 2. the protest must be formalized before the Med-Arbiter
culmination solely in an official designation of bargaining units within 5 days after the close of the election proceedings.
and an affirmation of EEs expressed choice of BA. *the LO receiving the majority of the valid votes cast shall be
certified as the EBA of all workers in the unit for purpose of
Procedure: DO 40-03 CB. BUT an individual EE or group of EE still have the right to
Who may 1. any legitimate LO present grievances to ER. (A255)
file (sec1) 2. ER, if requested to bargain collectively
(Regional Office order CE if no existing Bars to CE
certified CBA) [1] Contract Bar Rule (A232) – CBA valid and contract
Where to -in the Regional Office which issued the complete (incorporates all that is needed)
file (sec2) petitioning LO’s certificate of registration/of If contract is incomplete, it can be completed to invoke the
chartered local contract-bar rule
-if many PCE + filed in different regional office, If CBA expired, still continuing in force and effect UNTIL new
consolidate in office where first PCE was filed CBA shall have been validly executed
When to file GR: anytime If CBA registered, bar
(sec3) X (when cannot file): [2] 1 yr bar rule – from the time elections results were
certified
1. when a fact of voluntary recognition a. voluntary recognition
has been entered or a valid b. certification elections
certification/consent/run-off election c. consent election
conducted – 1 year bar (appeal filed d. run-off elections
from order of Med-Arbiter certifying [3] deadlock bar rule – 2 req’ts: *there was effort to bargain
the CE results, running of 1 year but it failed, and, *that such deadlock had already been
period suspended until decision on submitted for conciliation or arbitration
appeal final and executory)
2. when the duly certified union has Suspension Rule: refers to prejudicial question/
commenced and sustained -the conduct of CE may be suspended upon a petition of a LO
negotiations in GF with the ER in which filed a ULP against ER based on A248(d) – company
accordance with A250-1 year bar union
3. when a bargaining deadlock to which -basis: to level the playing field, remove undue advantage of
an incumbent or certified bargaining the company union in the CE
agent is a party had been submitted to -status of the alleged company union must first be cleared
concillation or arbitration or had before CE could take place or else may lead to selectin of an
become the subject of a valid notice of ER-dominated union as EE’s EBA United CMC Textile Workers
strike or lockout Union v. BLR, 128 SCRA 316 (1984)
4. when a CBA bet ER and duly -THE ONLY PARTY WHO COULD ASK FOR SUSPENSION OF THE
recognized or certified BA has been CE IS THE LO WHICH FILED A COMPLAINT FOR ULP AGAINST
registered: can only file PCE within 60 THE ER!
days prior to expiration of the CBA

Candidates for CE Part Seven: CB: Processes, Procedures, and Issues


*incumbent BA automatically one of the choices in the CE General Concepts
(Sec7, DO 40-03) -CB is designed to stabilize the relation between labor and
*A petition for cancellation of union registration shall not management and to create a climate of sound and stable
suspend the proceeding for CE nor shall it prevent the filing of industrial peace. It is a mutual responsibility of the ER and
a PCE (A238-A) Union and is characterized as a legal obligation Kiok Loy v.
NLRC, 142 SCRA 179 (1986)
Voter’s List -company’s refusal to make counter-proposals to the union’s
*Company payroll may be used as basis for determining who proposal is an indication of its BF. Where the ER did not even
are qualified to vote Acoje Workers Union v. National Mines & bother to answer to the bargaining proposal, there is a clear
Allied Workers Union, 7 SCRA 730 (1963) evasion of duty to bargain Kiok Loy v. NLRC (1986, supra)
*Only the EEs themselves, being the real parties in interest, -the right to free CB includes the right to suspend it Rivera v.
may question their removal from the voters list Notre Dame v. Espiritu, 374 SCRA 352 (2001)
Laguesma, 433 SCRA 225 (2004)
*All the employees in the ABU should be entitled to vote Bargaining Procedure
1. Private Procedure
UP Portia Bar Mental Jugger
Labor Relations
Based on the outline of Professor D.P. Disini, Jr.
A251: agreement or other voluntary arrangement
providing for a more expeditious manner of collective Mandatory vs. Permissive
bargaining vs. LC MANDATORY PERMISSIVE
2. LC Procedure Consists of A252 Other issues which
A251: if not private procedure, LC applies have nexus with the
A250: Procedure nature of work
a. WRITTEN notice of desire to negotiate an Refusal to ULP on part of No ULP
agreement + statement of proposals – reply bargain refusing party
within 10 calendar days from receipt of notice impasse Can use economic Cannot use economic
[noncompliance with reply period is merely weapons weapons
procedural, not a ground for ULP PROVIDED the
other party DID REPLY National Union of CBA
Restaurant Workers v. CIR,10 SCRA 843 (1964)] Definition
b. DIFFERENCES: either party request for -a contract executed upon request of either the ER or the
CONFERENCE (begun not later than 10 calendar EBR/EBA incorporating the agreement reached after the
days from date of request) negotiations with respect to wages, hours of work, and
c. If DISPUTE NOT SETTLED in the conference: conditions of employment
Board shall intervene *upon request of EITHER or -a contract in personam, not in rem
BOTH PARTIES or *at its own initiative and then -a sub-standard CBA is not a ground for cancellation of Union
Board shall immediately call CONCILIATORY registration with the amended A239
MEETINGS -a CBA hastily concluded despite order from Med-Arbiter
-Board has power to subpoena enjoining ER and Union from doing so was concluded in BF –
-Parties has DUTY TO PARTICIPATE FULY & PROMPTLY not a valid CBA ALU v. Calleja, 173 SCRA 179 (1989)
in the meetings
d. DURING CONCILIATORY MEETINGS: parties Contents and duration: A253-A
prohibited from doing any act which may disrupt 1. Representation Aspect: in force for 5 years
or impede early settlement of disputes -no PCE entertained, no CE conducted outside the 60-day
e. Board exert all efforts to settle amicably period immediately before the date of expiry of 5-year
term
Duty to Bargain 2. Economic Aspect: can be renegotiated not later than 3
A252: years after execution
-performance of a mutual obligation -agreements entered within 6 months from the date of
-to meet and convene expiry of 3-year term shall retroact to the day
…promptly and expeditiously immediately following such date
…in GF *if agreement entered beyond 6 months (after expiry
-for the purpose of negotiating an agreement with respect to date), parties shall agree on the duration of retroactivity
…wages thereof
…hours of work *IF deadlock in negotiations, parties may exercise rights
…and all other terms and conditions of employment under LC
…including -should include grievance procedure (A260):
>proposals for adjusting any grievances …should include provisions that would ensure the mutual
>questions arising under such agreement observance of its terms and conditions.
-and executing a contract incorporating such agreements …Should establish a machinery for the adjustment and
-if requested by either party resolution of grievances arising
-BUT such duty does not compel any party to agree to a >from the interpretation or implementation of the CBA
proposal or to make any concessions >arising from the interpretation or enforcement of company
personnel policies
*ER has duty to bargain if Union has done the following
(Kiok Loy): Registration requirements (A231)
1. status of majority representative of EEs established 1. submit copies of CBA directly to BLR or the DOLE
2. Proof of being a majority representative presented regional offices within 30 days from execution
3. demand to bargain 2. submit verified proofs of posting in 2 conspicuous
places in the place of work
* Where a proposal raised by a contracting party does not find 3. submit verified proof of ratification by the majority of
print in the CBA, it is not part thereof and the proponent has all the workers in the bargaining unit
NO claim whatsoever to its implementation Samahang 4. ER pay the registration fee of not less than P1k
Manggagawa sa Top Form v. NLRC, 295 SCRA 171 (1998)
Contract Beneficiaries
*suspension of CB negotiations(Collegio de San Juan de -A255: all employees in the ABU
Letran v. Assn. of Employees, 340 SCRA 587 (2000): -even non-members (of the EBA) are entitled to the benefits of
1. existence of a valid PCE raising a legitimate representation the CBA or else it would amount to ULP of undue
issue discrimination New Pacific Timber and Supply Co v. NLRC, 328
2. PCE filed within the 60-day freedom period SCRA 404

Bargainable issues CBA and Transfers


A252: -Manlimos v. NLRC, 242 SCRA 145 (1995): if transfer of
1. wages ownership done in GF, the transferee is under no legal duty to
2. hours of work absorb the transferor’s EEs as there is no law compelling such
3. conditions of employment including absorption.
a. proposals for adjusting any grievances ...However, transferee liable for ULP if:
b. questions arising under such agreement 1. liability assumed by transferee under contract
making the transfer
UP Portia Bar Mental Jugger
Labor Relations
Based on the outline of Professor D.P. Disini, Jr.
2. liability arises because of transferee’s participation in 5. Economic Coercion and Inducement: test of WON ER
ULP (transferee as ER) interfered with and coerced EEs:
-WON ER has engaged in conduct which it may reasonably
CBA and Disaffiliation be said tends to interfere with the free exercise of EE’s
-even if EBA/EBR changes, the CBA continues to bind the rights
parties up to the expiration date. The new EBA/EBR takes the -not necessary that there be direct evidence that any EE
place of the older one. Eliso-Elirol Labor Union v. Noriel, 80 was in fact intimidated or coerced by statement or threats
SCRA 682(1977) of ER if there is a reasonable inference that anti-union
conduct of the ER does have an adverse effect on self-
Effect of Expiration organization and CB
A253: it shall be the duty of both parties (ER and EBA) to 6. Union Solicitation and Distribution of Literature and
keep the status quo and to continue in full force and effect the Materials: Access test
terms and conditions of the existing agreement during the 60- GR: ER can impose limitations on exercise of union activities
day period and/or until a new agreement is reached by the re: information dissemination within its property to preserve
parties it
X: When the inaccessibility of EEs makes ineffective the
reasonable attempts by non-EEs to communicate with EEs
Part Eight: ULP through usual channels, the right of ER to exclude from its
Definition property must yield to the extent needed to permit
212k: any unfair labor practice as expressly defined by LC communication and information on the right to organize
247: violate the constitutional right of workers and employees 7. Discrimination
to self-organization and collective bargaining -if discriminatory, striked down
-inimical to the legitimate interests of both labor and -no discrimination when:
management a.EEs not similarly situated (e.g. not covered by CBA)
-violations of civil rights of both labor and management b. its within the prerogative of the management to regulate
-also criminal offenses against the State, subject to all aspects of employment
prosecution and punishment c. GF exercise + without ulterior motive
248: ER IRC (interfere, restrain, coerce) 8. Run-Away Shop
249: Union RC (restrain, coerce) -ER moves to another location or temporarily closes down
business for anti-union purposes
Requisite Relationship (Phelp-Dodge Co vs. NLRB)
GR: in order for ULP to exist, there must be EER ULP and Right to CB
X: discrimination in hiring by union affiliation 1. Violate right to bargain
Kiok loy: should reply to proposals promptly and
Construction expeditiously in GF
LC leaves the court the work of applying the law’s general Standard Charter v. NLRC: where the employer refused to
prohibitory language in the light of infinite combination of bargain with the labor union, allegedly because the union was
events which may be charged as violative of its terms HSBC proposing “blue sky” proposals said to be outrageous,
Employee Union v. NLRC, 281 SCRA 509 (1997) unrealistic and outlandish, the court held that the company
cannot refuse to bargain without any proof that the proposals
Acts violating right to self-organization of the union were indeed unrealistic.
1. IRC 2. Negotiation or Attorney’s Fees to settle issue in CBA
2. non-union membership or withdrawal from or disputes
A248h: ER pays
membership as condition of employment
A249e: Union asks for or accepts it
3. Contracting out to discourage unionism 3. Violation of CBA
4. company dominated union – only a ULP if gross (flagrant and/or malicious refusal to
5. discrimination to encourage or discourage unionism comply with the economic provisions of CBA) [A261]
6. Retaliation Testimony against ER
7. Exaction – Featherbedding: cause or attempt to Test WON ULP:
cause an ER to discriminate against an EE [a] Was there a reasonable tendency to succeed?
[b] Did anti-union bias contribute to his decision? (mixed-
Other Acts under IRC motive test)
1. Interrogation
-subjection by the ER of its EEs to a series of questioning Enforcement, Remedies Sanctions
regarding their membership in the union or the union Against whom ULP Committed
activities, in such a way as to hamper the exercise of A248: against EE or Union
free choice on their part A249: against ER
2. Polling
3. Speech: “totality of conduct doctrine” Parties Liable
-evaluate the remarks on the basis of their IMPLICIT A248: officers and agents of corporations, associations or
IMPLICATIONS, but appraise against the background of and partnerships who have actually participated in, authorized or
in conjunction with collateral circumstances ratified ULP
-expressions, though innocent in themselves, were culpable A249: officers, members of governing boards, representatives
because uttered: or agents or members of labor associations or organizations
…under circumstances who have actually participated in, authorized or ratified ULP
…history of labor relations
…connection with established collateral plan of coercion or Prosecution and Prescriptive Period
interference 1. Civil Aspect
4. Espionage A257:may include claims for
-espionage of ER of union activities, or surveillance thereof ..Actual
…Moral
UP Portia Bar Mental Jugger
Labor Relations
Based on the outline of Professor D.P. Disini, Jr.
…Exemplary Differences
…other form of damages Strike: by LO
…Atty’s fees Lockout: ER
…other affirmative relief
-jurisdiction of Labor Arbiter: resolve within 30 calendar days Nature and Purpose
from time submitted for decision -EEs enforce their demands
A290: filed within 1 year from accrual of such ULP, otherwise -Company engaged in profitable business cannot afford to
forever barred have production interrupted nor paralyzed Philippine Can Co
v. CIR, 87 Phil 9 (1950)
2 Criminal Aspect
-criminal prosecution of the ULP can only be instituted when Effect on Work Relationship
FINAL JUDGMENT finding that an ULP was committed has been -EER not severed or dissolved, may improve EER
obtained …better working conditions
-pendency of ULP case before Labor Arbiter interrupts running …more efficient services
of period of prescription of the criminal offense
-final judgment in administrative proceedings shall not be Types, Changes and Conversion
binding in the criminal cases not be considered as evidence of Types
guilt 1. ULP Strike (A263c)
-arose from a ULP by the ER
ULP and Compromise -actors: the duly certified or recognized BA (or a
GR: ULP cannot be subject to compromise, contrary to public legitimate LO in behalf of its members if there is no BA)
policy -aims to correct an act declared by law to be a ULP
X: when compromise entered to avoid protracted litigation,
voluntarily entered, reasonable - AND forged under the 2. Economic Strike (Deadlock)\
authority of the SOLE in a compulsory arbitration proceedings, -aims to forge wage and concessions not required by law
with representatives from the Union and the ER Reformist to grant
Union of RB Liner v. NLRC, 266 SCRA 713 (1997) *it is possible that an Economic Strike would be converted into
a ULP strike when the ER does acts as may be classified under
A248 Consolidated Labor Association of the Philippines v.
Part nine: Concerted Activities Marsman and Co., 11 SCRA 5589 (1964)
*However, the union’s offer to wok which was not heeded by
Basis of the right the ER is not equivalent to an illegal lockout on the part of the
1. Constitution (AXIII.3) ER that may give rise to a ULP strike Rizal Cement Workers
- peaceful and concerted activities, including the Union v. CIR, 6 SCRA 841 (1962)
RIGHT TO STRIKE, IN ACCORDANCE WITH LAW
- why IN ACCORDANCE WITH LAW: the law does not Grounds for Strike/Lockout
1. Allowed strikes (A263c)
look with favor upon strikes and lockouts because of
-deadlocks
their DISTURBING AND PERNICIOUS EFFECTS upon
-ULP
social order and public interest Luzon Marine Dept.
-union busting
Union v. Roldan, 86 Phil 507 (1950)
2. Statutory (A263b)
2. Prohibited Strikes
-workers shall have the right to engage in concerted
-A263b: intraunion, intraunion disputes
activities for purposes of …collective bargaining
-263g: in industry indispensable to national interest
…or for their mutual benefit and protection
-264a:
-the right of a legitimate LO to strike and picket and of
…not yet bargained collectively
ERs to lockout, consistent with national interest, shall
…not yet filed notice required
continue to be recognized and respected
…not yet obtained and reported to the DOLE a strike or
-NO labor union may strike, NO ER may declare a lockout
lockout vote
on grounds involving inter-union and intra-union
…after assumption of jurisdiction by the President or by the
disputes
SOLE
3. International Covenant on Economic, Social and
…after the submission of the dispute to compulsory or
Cultural Rights (Art8d)
voluntary arbitration
…during the pendency of cases involving the same grounds
Strike Activity
for the strike or lockout
Definition
-265: after a vote the improved offer was conducted and had
Strike (A212o)
favorable results
…any temporary stoppage of work
-wage distortion Ilaw at Buklod ng Manggagawa v. NLRC, 198
…by concerted action of EEs
SCRA 586 (1991)
…as a result of an industrial or labor dispute
-includes economic slowdown and strike on installments San
No Strike Clause
Miguel Case
-it is a valid stipulation BUT may ONLY BE INVOKED by an
employer when
Lockout (212p)
…the strike is economic in nature
-any temporary refusal of an ER to furnish work
…strike is one which is conducted to force wage or other
…as a result of an industrial or labor dispute
concessions from the employer that are not mandated to be
granted by the law itself Panay Electric Co. v. NLRC, 248 SCRA
Strike v. Lockout
688 (1995)
Similarities
-both cause TEMPORARY cessation of work
Striking Party
-both arise from an industrial or labor dispute
263c:
-both observe same procedure
Bargaining deadlocks: duly certified or recognized BA
UP Portia Bar Mental Jugger
Labor Relations
Based on the outline of Professor D.P. Disini, Jr.
ULP strikes: duly certified or recognized BA Defenses: GF and ULP
…if no duly certified or recognized BA: any legitimate LO in -A strike doesn’t automatically carry the stigma of illegality
behalf of its members even if no ULP was committed by ER. It suffices if such a belief
Union busting: union being busted in GF is entertained by labor as the inducing factor for staging
a strike. Indeed, the presumption of legality prevails even if
Procedural Requirement the allegation of ULP is subsequently found to be untrue,
1. bargain first (A264a) provided that the union and its members believed in GF in the
Procedure (see A250) truth of such averment PNOC Dockyard v. NLRC, 291 SCRA
2. file notice of intention 231 (1998)
A263c: periods
Bargaining deadlocks: at least 30 days before the intended Illegal Strikes (see prohibited strikes)
date
ULP: 15 days before Effect of Illegality
Union busting: take action immediately A264a
A263d: notice should be in accordance with IRR Unlawful lockout: EE terminated
promulgated by SOLE -EE entitled to reinstatement with full backwages
A263e: SOLE exert efforts during the cooling-off period Illegal Strike: who would lose their employment status
(period to file notice) to effect a voluntary settlement -union officer who knowingly participates
A264a: notice first before strike/lockout or else illegal -any worker or union officer: any worker or union officer who
3. conduct strike/lockout vote first (A263f) knowingly participates in the commission of illegal acts during
Strike: approved by a majority of the total union a strike
membership in the bargaining unit concerned
…by secret ballot Employment of Strike-breakers
…in meetings or referenda called for that purpose -prohibited (264c)
Lockout: approved by a majority of the board of directors of -definition (212r): any person who obstructs, impedes, or
the corporation or association or of the partners in a interferes with …
partnership …by force, violence, coercion, threats or intimidation
…obtained by secret ballot …any peaceful picketing affecting
…in a meeting called for that purpose >wages
-264a: no majority obtained, no strike – or else illegal >hours of work
-IRR: may request/on its own initiative, the Board my >conditions of work
supervise the conduct of the strike vote/lockout vote. The …or in the exercise of right to self organization or collective
union or the ER should furnish the Board with notice 24 bargaining
hours before the conduct of the election. The results
should be submitted to the Board at least 7 days before Burden of Economic Loss
the intended strike or lockout -a fair day’s wage for a fair day’s labor:
4. observe cooling-off period …if strike, no backwages (EEs wanted to do so, so suffer
Wait: according to DPD, the cooling off period is different from consequences)
the periods stated in A263c. it is the 7 day period before the …if lockout, pay backwages (EEs could have done their jobs
date of the strike provided in the IRR. Further, according to but ER prevented them from doing so)
him, it is observed after strike vote has been conducted
- The requisite 7-day period is intended to give the Improved Offer of Balloting (A265)
Strike
DOLE an opportunity to verify whether the projected
-DOLE conduct referendum by secret ballot on the improved
strike really carries the approval of the majority of
offer of the ER
the union members. The notice of strike and the
-on or before the 30th day of the strike
cooling-off period were intended to provide an
-when at least majority of the union vote to accept the
opportunity for mediation and conciliation. Grand
improved offer:
Boulevard Hotel v. Genuine Labor Organization, 406
…striking workers shall immediately return to work
SCRA 688 (2003)
…ER shall readmit the workers upon signing of the agreement
Lockout
* The requirements are mandatory and failure of a union to
-DOLE conduct referendum by secret ballot on the reduced
comply therewith renders the strike illegal. A strike
offer of the Union
simultaneously with or immediately after a notice of strike will
-on or before the 30th day of the lockout
render the requisite periods nugatory. Grand Boulevard Hotel
-when at least majority of the board of
v. Genuine Labor Organization (2003), supra
directors/trustees/partners holding the controlling interest
vote to accept the reduced offer:
Test of Legality
…workers immediately return to work
1. purpose and means test
…ER shall readmit the workers upon signing of the agreement
Peaceful – A264 is the measure
In accordance with law – A263
Picketing
-Luzon Marine Dept. Union v. Roldan (1950), supra: the
-marching to and from at the premises of the ER, usually
legality or illegality of a strike depends on
accompanied by display of placards and other signs, making
1. the purpose for which it is maintained
known the facts involved in a labor dispute Sta. Rosa Coca-
2. means employed
cola Plant Employees v. Coca-Cola Bottlers, 512 SCRA 437
(2007)
2. Balancing of Interest
-if ULP strike: the violent acts of SOME union members does
Right to picket: PAFLU v. Cloribel, 27 SCRA 465 (1969)
not render the strike illegal. The right of management to
-means of communicating facts of a labor dispute
prevent strikes does not render strike illegal.
-phase of freedom of speech, guaranteed by the constitution
ight to prevent strike < right of EE against ULP Shell Oil
-right may be regulated at the instance of 3rd parties or
Workers Unin v. Shell Phils, 39 SCA 276 (1971)
“innocent bystanders” if the inevitable result of its exercise is
UP Portia Bar Mental Jugger
Labor Relations
Based on the outline of Professor D.P. Disini, Jr.
to create an impression of a labor dispute with which they unequivocally Vivero v. CA,
have no connection or an interest exists between them 344 SCRA 268 (2000)

*A labor dispute may give rise to strong emotional response a. Compulsory Arbitration (263g)
far from likely that the language employed should be both -when in the opinion of the SOLE there exists a labor dispute
courteous and polite. PCIB v. Philnabank Employees Assn, 105 causing or likely to cause a strike or lockout in an IINI
SCRA 314 (1981) -SOLE assumes jurisdiction over the dispute or certify the
same to the NLRC for compulsory arbitration
Restrictions of right to Picket: Innocent 3P Rule PAFLU *rationale: soonest solution, damage might be caused upon
v. CLORIBEL, supra national interest minimized as much as possible; preserve
1. WON case arose from labor dispute status quo
YES: apply LC, labor laws *Process:
NO: apply ROC - injunction i. initiating party: SOLE/President
2. WON appellee is a 3P/innocent bystander whose right ii. arbitration agencies: NLRC: labor arbiter
has been invaded, -would include all questions and controversies arising
YES: entitled to protection by the courts from labor dispute, including cases over which the labor
NO: no labor injunction arbiter has exclusive jurisdiction or otherwise submitted
3. right may be regulated at the instance of a 3P or to him for resolution
innocent bystanders if: iii. effect of certification: automatic return to work order
… it appears that the inevitable result of its exercise is -it is deemed to have been issued once SOLE assumes
to create an impression that a labor dispute with which jurisdiction over the dispute
they have no connection or interest arises between -it is an obligation, not a luxury
them -it is not involuntary servitude: the EE has an option not
…the picketing of the union constitutes invasion nof to return to work, subject to termination in work
their rights iv. effect of appeal: return to work order should still be
complied with

Part ten: Labor Injunction b. Voluntary Arbitration


GR: no injunction against strike *arbitrable issues
X: labor dispute arises in an industry indispensable to A261: unresolved grievances in the interpretation and
national interest enforcement of the CBA or company personnel policies
*could only enjoin UNLAWFUL activities A261: upon agreement of the parties:
-all other Labor disputes (if dispute is under the exclusive
*Issuing Agency: NLRC jurisdiction of the LA, VA could only assume jurisdiction over
*Can only be exercised by the NLRC when there’s a labor the same if the parties has clearly and unequivocally agreed
dispute (A218e) to confer the same to the VA Vivero v. CA(2000), supra)
*cannot be issued ex parte: requires hearing and procedure in -ULP
218 should be followed -bargaining deadlocks
*note: injunction in EO 180 is different in LC *Selection of VA (A260)
*what are industries indispensable to national interest? -parties to CBA name and designate in advance a list of
-DPD: there’s no test since it is within the discretion of the qualified arbitrators of NCMB
President or the SOLE -if none, NCMB would choose for the parties
*Procedure (A262-A)
Jurisprudential rules re: IINI -hold hearings
1. industry should affect national economy: involved in -receive evidence
generation or distribution of energy, or are banks, hospitals, -take whatever action is necessary
or export-oriented GTE Corp v. GTE Union -render decision within 20 calendar days
2. in schools: the number of students affected PSBA v. Noriel -the decision should contain the facts and the law upon which
3. not IINI if there are alternative industries equally efficient to it is based
provide the service of said industry *Awards and Orders
-awards of VA has same legal effect as judgment of a court
*finality and execution of awards
Part eleven: Alternatives to use of economic force -decision final after 10 d
Conciliation and Arbitration as Modes of Labor Dispute -VA can issue writ of execution
Settlement *Appeal
-to the CA (R43, ROC)
1. Conciliation -note that there is no appeal procedure provided in the LC
-part of the collective bargaining process (A250c-e): resorted *Costs (A262-B)
to upon request or at the National Conciliation and Mediation -shouldered by the parties (proportionate sharing scheme); or
Board’s own initiative when the difference in the proposals of -subsidized by special voluntary arbitration fund
the EBA/EBR and the ER is not settled in the conference -take into account the following;
a. nature of the case
2. Arbitration b. time consumed
Compulsory Voluntary c. professional standing of the VA
By operation of law By agreement of the parties d. capacity of the parties to pay
LA VA
Jurisdiction: illegal Jurisdiction: A261 and 262:
termination (A217) any and all disputes part twelve: labor relations in the public sector
-even disputes within the EO 180
jurisdiction of the LA,
provided that both parties *provisions of EO 180 heavily borrowed from LC
agree to it, clearly and
UP Portia Bar Mental Jugger
Labor Relations
Based on the outline of Professor D.P. Disini, Jr.
Distinction: EEs in the public sector has NO RIGHT TO
STRIKE because there is no law which authorizes public EE to
exercise it; Public EEs can engage in mass demonstrations
during their freetime
-right to CB: the terms and conditions of employment not
provided for by law can be negotiated

*EEs who do not have the right to self-organization:


1. member of AFP
2. PNP
3. Firemen
4. Jailguards

*Registration of Trade Union: with DOLE and CSC,


processing performed by BLR

*Exclusive Representation
Union recognition
a. voluntary recognition
>duly registered
>no other employee organization
>majority support of all rank and file employees
b. Recognition after certification election
> there are 2 or more employee organization
>petition filed
>BLR conduct, certify elections

*Bargaining Unit Composition:


GR: all rank and file EEs
X: unless circumstances require otherwise

*Exclusive Representative
1. duly registered
2. majority of EE in ABU supports it