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