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Labor Relations Notes 2/11/16

1. Are all labor organizations labor unions? No. Are all labor unions labor organizations? Yes.
Why? LO may be union/labor management/workers organization and organized for purposes of
collective bargaining or mutual aid and protection while union is only for collective bargaining.
Samahan ng Manggagawa sa Hanjin vs. BLR
2. GR: Comingling of members is not a ground for cancellation of union registration
XPN: If there is misrepresentation on the part of the LO.
Why? Comingling is not among the grounds for cancellation of reg.
3. 2 broad notions of self organization:
a. Liberty/freedom (absence of restraint which guarantees that employee may act for himself
without being prevented by law.
b. Power, by virtue of which an employee may, as he pleases, join or refrain from joining any
LO.
4. Government employees
a. Limited right to self organization (only for purposes not contrary to law e.g. Civil service law)
b. Absolutely prohibited from participating in peaceful concerted activity: Members of AFP, PNP,
BJMP - basis: E.O.108
c. May government employees be sued administratively if they file a leave of absence before
joining the peaceful concerted activity? No.
d. Rationale for prohibition: public interest
GSIS case
5. Managerial/ Supervisory
a. Supervisory renders Independent judgment
b. Managerial renders discretionary judgment
c. Nomenclature of position is not a basis for determining whether an employee is
manager/supervisor Job description
d. Confidential employees under book 6 not the same as that under book 5
i. Confidential secretary disqualified if he/she has access to labor relations policies.
ii. HR employees not all are disqualified. (basis :jurisprudence)
iii. Legal Secretaries Yes, disqualified. Why? Because all info are communicated by in
house counsel to secretary. (Jurisprudence)
e. Security Guards? Not all may enjoy the right to self organization (only rank and file
employees)
They may not comingle with managerial/ supervisory
Cases: Kawashima, Pepsi Cola, Sugbuanon, Coca cola

6. Cooperatives
a. Rationale for prohibition: because they are also members.
b. Remedy: drop membership with coop.
CENECO VS. DOLE
7. Alien
a. GR: cannot exercise self organization

b. XPN: When the alien has certification from DOLE/ recioprocity


ICMC Case
8. Relationship between members and union is that of an agent and principal
Heirs of Cruz vs. CIR
9. Closed Shop agreement employer will not maintain employment unless employee maintains
membership with LO./maintenance of membership in good standing.
May an employee be dismissed on the ground of non-membership with LO? No, if the compulsion
will be against a right protected under the Constitution (e.g. religion)
Elizalde case
10. Officers
a. Term of office 5 years
b. How elected? By secret ballot
c. Ground for expelling an Officer under the Labor Code violation of duties and responsibilities
ex. Submission of reportorial requirements.
d. Impeachment of an Officer proper procedure should be based on by laws
Referendum is not the appropriate procedure (jurisprudence)
11. Check off duty of employer to deduct from employees salaries the union fees based on CBA.
Requisites:
a. Individual written authorization
b. Written resolution of members
c. In a meeting duly called for that purpose
May the LO demand from Employer the uncollected fees? Ans. No. In University of Immaculate
Conception case, SC held that the duty belongs to Union, employer is merely the collector and is
only bound because of the CBA. If the employer fails to collect, the LO shall collect from the
members not the employer. Failure to check-off is not unfair labor practice against the employer.
12. Prompt submission of report means that financial reports should be submitted before the lapse of
30 calendar days from end of fiscal year.
Is failure to submit reports promptly a ground for cancellation of union registration? No
because it is not among the grounds for cancellation provided under the labor code.
What is the effect? Sanction against erring officers.
Remedy of employees in case of questionable financial transaction file a complaint with BLR
(within 1 year?) consent by 30% of members is not a mandatory requirement.

Assignment;
Next meeting - Bargaining agent up to equity of Incumbent
March 3 until unfair labor practice
March 10 remaining topics.