CODAL PROVISIONS

Omnibus Rules, Book V
RULE I
Section 1. Definition of Terms.
(d) "Bargaining Unit" refers to a group of employees
sharing mutual interests within a given employer unit,
comprised of all or less than all of the entire body of
employees in the employer unit or any specific
occupational or geographical grouping within such
employer unit.
(t) "Exclusive Bargaining Representative" refers to a
legitimate labor union duly recognized or certified as
the sole and exclusive bargaining representative or
agent of all the employees in a bargaining unit.
LABOR CODE
Definition & Types
Art. 212
(g) "Labor organization" means any union or
association of employees which exists in whole or in
part for the purpose of collective bargaining or of
dealing with employers concerning terms and
conditions of employment.
(h) "Legitimate labor organization" means any labor
organization duly registered with the Department of
Labor and Employment, and includes any branch or
local thereof.
Registration of Unions

Art. 231. Registry of unions and file of collective
bargaining agreements.
The Bureau shall keep a registry of legitimate labor
organizations. The Bureau shall also maintain a file of
all collective bargaining agreements and other related
agreements and records of settlement of labor
disputes and copies of orders and decisions of
voluntary arbitrators. The file shall be open and
accessible to interested parties under conditions
prescribed by the Secretary of Labor and Employment,
provided that no specific information submitted in
confidence shall be disclosed unless authorized by the
Secretary, or when it is at issue in any judicial
litigation, or when public interest or national security
so requires.
Within thirty (30) days from the execution of a
Collective Bargaining Agreement, the parties shall
submit copies of the same directly to the Bureau or the
Regional Offices of the Department of Labor and
Employment for registration, accompanied with
verified proofs of its posting in two conspicuous places
in the place of work and ratification by the majority of
all the workers in the bargaining unit. The Bureau or
Regional Offices shall act upon the application for
registration of such Collective Bargaining Agreement
within five (5) calendar days from receipt thereof. The
Regional Offices shall furnish the Bureau with a copy of
the Collective Bargaining Agreement within five (5)
days from its submission.
The Bureau or Regional Office shall assess the
employer for every Collective Bargaining Agreement a
registration fee of not less than one thousand pesos

Regional Directors and the Commission. 237. March 21. The Bureau shall act on all applications for registration within thirty (30) days from filing. 6715. 234. The Bureau shall also maintain a file and shall undertake or assist in the publication of all final decisions. Republic Act No. Action on application. 111.00) or in any other amount as may be deemed appropriate and necessary by the Secretary of Labor and Employment for the effective and efficient administration of the Voluntary Arbitration Program. Subject to Article 238.000. Art. The names of all its members comprising at least twenty percent (20%) of all the employees in the bargaining unit where it seeks to operate. minutes of its adoption or ratification. Denial of registration. (As amended by Section 15. orders and awards of the Secretary of Labor and Employment. 235. Any applicant labor organization. and the list of the members who participated in it. August 21. All requisite documents and papers shall be certified under oath by the secretary or the treasurer of the organization. association or group of unions or workers shall acquire legal personality and shall be entitled to the rights and privileges granted by law to legitimate labor organizations upon issuance of the certificate of registration based on the following requirements. Fifty pesos (P50. Additional requirements for federations or national unions. 1981) Art. 1989) Art. the principal address of the labor organization. The decision of the Labor Relations Division in the regional office denying registration may be appealed by the applicant union to the Bureau within ten (10) days from receipt of notice thereof. 236. each of which must be a duly recognized collective bargaining agent in the establishment or . in addition to the requirements of the preceding Articles. 1986) If the applicant union has been in existence for one or more years. it shall. and Four (4) copies of the constitution and by-laws of the applicant union. (As amended by Executive Order No.00) registration fee. and attested to by its president. December 24. Requirements of registration. submit the following: Proof of the affiliation of at least ten (10) locals or chapters. their addresses. Art. (As amended by Batas Pambansa Bilang 130. The names of its officers. if the applicant for registration is a federation or a national union. Any amount collected under this provision shall accrue to the Special Voluntary Arbitration Fund. appeal. the minutes of the organizational meetings and the list of the workers who participated in such meetings. as the case may be.(P1. copies of its annual financial reports.

No federation or national union shall be registered to engage in any organization activity in more than one industry in any area or region.] (Repealed by Executive Order No. that the said labor organization no longer meets one or more of the requirements herein prescribed. Cancellation of registration. 111. 238. false statements or fraud in connection with the election of officers.] (Repealed by Executive Order No. Locals or chapters shall have the same rights and privileges as if they were registered in the Bureau. 239. false statement or fraud in connection with the adoption or ratification of the constitution and by-laws or amendments thereto. December 24. Failure to submit the documents mentioned in the preceding paragraph within thirty (30) days from adoption or ratification of the constitution and by-laws or amendments thereto. December 24. The Bureau shall see to it that federations and national unions shall only organize locals and chapters within a specific industry or union. Grounds for cancellation of union The following shall constitute grounds for cancellation of union registration: Misrepresentation. The federation or national union which meets the requirements and conditions herein prescribed may organize and affiliate locals and chapters without registering such locals or chapters with the Bureau. provided that such federation or national union organizes such locals or chapters within its assigned organizational field of activity as may be prescribed by the Secretary of Labor. and The names and addresses of the companies where the locals or chapters operate and the list of all the members in each company involved. the minutes of ratification and the list of members who took part in the ratification. the list of voters. minutes of the election of officers. Misrepresentation. 1986) Art. supporting the registration of such applicant federation or national union. whether national or local. 111.industry in which it operates. shall be cancelled by the Bureau if it has reason to believe. appeal. and no federation or national union shall be registered to engage in any organizational activity in more than one industry all over the country. after due hearing. [The Bureau upon approval of this Code shall immediately institute cancellation proceedings and take such other steps as may be necessary to restructure all existing registered labor organizations in accordance with the objective envisioned above. [Art. 238. The certificate of registration of any legitimate labor organization. 1986) Art. registration. Conditions for registration of federations or national unions. or failure to submit these documents together with the list of the .

Section 1. Asking for or accepting attorney’s fees or negotiation fees from employers. the . after hearing. Who may file. false entries or fraud in the preparation of the financial report itself. Cancellation of Registration (See Art.A petition for certification election shall be filed with the Regional Office which issued the petitioning union's certificate of registration/certificate of creation of chartered local. All existing federations and national unions which meet the qualifications of a legitimate labor organization and none of the grounds for cancellation shall continue to maintain their existing affiliates RULE VIII CERTIFICATION ELECTION Section 2. 238-239) Acting as a labor contractor or engaging in the "cabo" system. order the conduct of a certification election. Failure to submit the annual financial report to the Bureau within thirty (30) days after the closing of every fiscal year and misrepresentation. and Failure to comply with requirements under Articles 237 and 238. Equity of the incumbent. 240. Failure to submit list of individual members to the Bureau once a year or whenever required by the Bureau. Where to file.newly elected/appointed officers and their postal addresses within thirty (30) days from election. When requested to bargain collectively. Entering into collective bargaining agreements which provide terms and conditions of employment below minimum standards established by law. -Any legitimate labor organization may file a petition for certification election. checking off special assessments or any other fees without duly signed individual written authorizations of the members. Where the petitions are filed in different Regional Offices. the Regional Office shall. the same shall be automatically consolidated with the Med-Arbiter who first acquired jurisdiction. Where two or more petitions involving the same bargaining unit are filed in one Regional Office. Other than for mandatory activities under this Code. The petition shall be heard and resolved by the MedArbiter. or otherwise engaging in any activity prohibited by law. an employer may file a petition for certification election with the Regional Office. the Regional Office in which the petition was first filed shall exclude all others. Art. in which case. regardless of the nature of the industry and the location of the affiliates. If there is no existing registered collective bargaining agreement in the bargaining unit. .

and affiliation if appropriate. When to file. (d) when a collective bargaining agreement between the employer and a duly recognized or certified bargaining agent has been registered in accordance with Article 231 of the Labor Code. 2) if there exists a duly registered collective bargaining agreement. The petition shall contain the following: (a) the name of petitioner. Section 4. verified under oath by the president of petitioning labor organization. (c) when a bargaining deadlock to which an incumbent or certified bargaining agent is a party had been submitted to conciliation or arbitration or had become the subject of a valid notice of strike or lockout. the petition may be filed only within sixty (60) days prior to its expiry.latter shall indorse the petition to the former for consolidation. or . Section 3. except: (a) when a fact of voluntary recognition has been entered or a valid certification. the date and number of its certificate of registration. the date and number of the certificate of registration or certificate of creation of chartered local. Where the petition is filed by a federation or national union. .The petition shall be in writing. consent or run-off election has been conducted within the bargaining unit within one (1) year prior to the filing of the petition for certification election. (b) the name. Form and contents of petition. (b) when the duly certified union has commenced and sustained negotiations in good faith with the employer in accordance with Article 250 of the Labor Code within the one year period referred to in the immediately preceding paragraph. If the petition is filed by a federation or national union. the running of the one year period shall be suspended until the decision on the appeal has become final and executory. (c) the description of the bargaining unit.A petition for certification election may be filed anytime. Where an appeal has been filed from the order of the Med-Arbiter certifying the results of the election. it shall verified under oath by the president or its duly authorized representative. that the petition is filed within the sixtyday freedom period of such agreement. Where such collective bargaining agreement is registered. (e) the names and addresses of other legitimate labor unions in the bargaining unit. (f) a statement indicating circumstances: any of the following 1) that the bargaining unit is unorganized or that there is no registered collective bargaining agreement covering the employees in the bargaining unit. . address and nature of employer's business. (d) the approximate number of employees in the bargaining unit. its address.

Section 9.When a petition for certification election was filed in an organized establishment. Section 7. . who shall in the same instance prepare and serve upon the petitioning party a notice for preliminary conference. consent or run-off election. Motion for Intervention. Where there is only one Med-Arbiter in the region. (g) in an organized establishment. . Preliminary Conference. Section 5. the raffle shall be dispensed with and the petition shall be assigned to him/her.The MedArbiter shall conduct a preliminary conference and hearing within ten (10) days from receipt of the petition to determine the following: (a) the bargaining unit to be represented. Notice of preliminary conference. The form and contents of the motion shall be the same as that of a petition for certification election. In an unorganized establishment. the motion shall be filed at any time prior to the decision of the MedArbiter. The motion for intervention shall be resolved in the same decision issued in the petition for certification election. the same shall be transmitted to the MedArbiter. Hearing. . Within three (3) days from receipt of the petition. A copy of the notice of preliminary conference and petition for certification election shall be posted in at least two conspicuous places in the establishment. and (h) other relevant facts. The first preliminary conference shall be scheduled within ten (10) days from receipt of the petition. the Regional Director or any of his/her authorized representative shall allow the party filing the petition to personally determine the Med-Arbiter assigned to the case by means of a raffle. . Raffle of the case. the signature of at least twenty-five percent (25%) of all employees in the appropriate bargaining unit shall be attached to the petition at the time of its filing. time and place specified. Section 8. any legitimate labor union other than the incumbent bargaining agent operating within the bargaining unit may file a motion for intervention with the Med-Arbiter during the freedom period of the collective bargaining agreement. (b) contending labor unions.Upon the filing of the petition.The incumbent bargaining agent shall automatically be one of the choices in the certification election as forced intervenor. Forced Intervenor. Section 6. . Immediately after the raffle of the case or receipt of the petition. the Med-Arbiter shall cause the service of notice for preliminary conference upon the employer and incumbent bargaining agent in the subject bargaining unit directing them to appear before him/her on a date.3) if another union had been previously recognized voluntarily or certified in a valid certification. The form and contents of the motion shall likewise be the same as that of a petition for certification election. that the petition is filed outside the one-year period from entry of voluntary recognition or conduct of certification or run-off election and no appeal is pending thereon.

but shall enter the fact of the agreement in the minutes of the hearing. the Med-Arbiter may conduct as many hearings as he/she may deem necessary. The MedArbiter shall. (d) existence of any of the bars to certification election under Section 3 of this Rule. (d) the names of contending labor unions which shall appear as follows: petitioner union/s in the order in . . but in no case shall the conduct thereof exceed fifteen (15) days from the date of the scheduled preliminary conference/hearing. no order or decision shall be issued by the Med-Arbiter during the freedom period. Order/Decision on the petition.(c) possibility of a consent election. the MedArbiter shall issue a formal order granting the petition or a decision denying the same. The minutes of the hearing shall be signed by the parties and attested to by the Med-Arbiter. The Med-Arbiter. Section 10.If the contending unions fail to agree to a consent election during the preliminary conference. the contending labor unions may file such pleadings as they may deem necessary for the immediate resolution of the petition. however. Consent Election. The first pre-election conference shall be scheduled within ten (10) days from the date of entry of agreement to conduct consent election. Section 12. In organized establishments. Pleadings. Failure to appear despite notice. when agreed upon by the parties for meritorious reasons may allow the cancellation of scheduled hearing(s). and (e) such other matters as may be relevant for the final disposition of the case. (b) the description of the bargaining unit. . . Extensions of time shall not be entertained. Section 13. The cancellation of any scheduled hearing(s) shall not be used as a basis for extending the 15-day period within which to terminate the same. after which time the petition shall be considered submitted for decision. (c) a statement that none of the grounds for dismissal enumerated in the succeeding paragraph exists. immediately thereafter.Within ten (10) days from the date of the last hearing. Postponements or continuances shall be discouraged. The Med-Arbiter shall have control of the proceedings. the Med-Arbiter shall not issue a formal order calling for the conduct of certification election. Agreement. All motions shall be resolved by the Med-Arbiter in the same order or decision granting or denying the petition. however.In case the contending unions agree to a consent election. forward the records of the petition to the Regional Director or his/her authorized representative for the determination of the Election Officer by the contending unions through raffle. . The order granting the conduct of a certification election shall state the following: (a) the name of the employer or establishment. Within the same 15-day period within which the petition is heard. Section 11.The failure of any party to appear in the hearing(s) when notified or to file its pleadings shall be deemed a waiver of its right to be heard. Number of Hearings.

eligibility or mixture in union membership raised before the Med-Arbiter during the hearing(s) and in the pleadings shall be resolved in the same order or decision granting or denying the petition for certification election. provided that the sixty-day period based on the original collective bargaining agreement shall not be affected by any amendment. Denial of the petition. (e) in case of an organized establishment. (b) the petition was filed before or after the freedom period of a duly registered collective bargaining agreement. unless the petitioning union is not found in the Department's roster of legitimate labor organizations or an existing collective bargaining agreement is unregistered with the Department. extension or renewal of the collective bargaining agreement. Any question pertaining to the validity of petitioning union's certificate of registration or its legal personality as a labor organization. .c of this Rule. . consent or run-off election is pending. Release of Order/Decision within ten (10) days from the last hearing. Grounds. Prohibited grounds for the denial/suspension of the petition. or where necessary. . validity of registration and execution of collective bargaining agreements shall be heard and resolved by the Regional Director in an independent petition for cancellation of its registration and not by the MedArbiter in the petition for certification election.The MedArbiter shall release his/her order or decision granting or denying . Section 16. failure to submit the twenty-five percent (25%) support requirement for the filing of the petition for certification election. the certified list of employees in the bargaining unit. Section 15. or there exists a bargaining deadlock which had been submitted to conciliation or arbitration or had become the subject of a valid notice of strike or lockout to which an incumbent or certified bargaining agent is a party. (d) a duly certified union has commenced and sustained negotiations with the employer in accordance with Article 250 of the Labor Code within the one-year period referred to in Section 14. consent or run-off election and no appeal on the results of the certification. forced intervenor.All issues pertaining to the existence of employer-employee relationship. Section 14.The MedArbiter may dismiss the petition on any of the following grounds: (a) the petitioner is not listed in the Department's registry of legitimate labor unions or that its legal personality has been revoked or cancelled with finality in accordance with Rule XIV of these Rules. (c) the petition was filed within one (1) year from entry of voluntary recognition or a valid certification.which their petitions were filed. the payrolls covering the members of the bargaining unit for the last three (3) months prior to the issuance of the order. and no union. and (e) a directive upon the employer and the contending union(s) to submit within ten (10) days from receipt of the order.

the MedArbiter shall enter the finality of the order/decision in the records of the case and cause the transmittal of the records of the petition to the Regional Director. and upon the intercession of the Med-Arbiter. . .Where a petition for certification election had been filed. The order granting the conduct of a certification election in an organized establishment and the decision dismissing or denying the petition. copy furnished the contending unions and the employer. Section 19. Period to Reply. Effects of consent election.the petition personally to the parties on an agreed date and time. Any issue arising therefrom may be raised by means of protest on the conduct and results of the certification election. . . specifically stating the grounds relied upon by the appellant with the supporting arguments and evidence. . Section 18. . Section 23. whether in an organized or unorganized establishment. may be appealed to the Office of the Secretary within ten (10) days from receipt thereof.A reply to the appeal may be filed by any party to the petition within ten (10) days from receipt of the memorandum of appeal. Section 20. Decision of the Secretary. Section 21. the results thereof shall constitute a bar to the holding of a certification election for one (1) year from the holding of such consent election. No motion for reconsideration of the decision shall be entertained. The reply shall be filed directly with the Office of the Secretary. Where to file appeal. the parties agree to hold a consent election. Transmittal of records to the Regional Office. the running of the . The decision of the Secretary shall become final and executory after ten (10) days from receipt thereof by the parties.The order granting the conduct of a certification election in an unorganized establishment shall not be subject to appeal. Appeal.The memorandum of appeal shall be filed in the Regional Office where the petition originated. The appeal shall be verified under oath and shall consist of a memorandum of appeal. Section 22. . Where an appeal has been filed from the results of the consent election.Within forty-eight (48) hours from notice of receipt of decision by the parties and finality of the decision. Section 17.Where no appeal is filed within the ten-day period. Implementation of the decision shall not be stayed unless restrained by the appropriate court. Within twenty-four (24) hours from receipt of the appeal.The Secretary shall have fifteen (15) days from receipt of the entire records of the petition within which to decide the appeal. as the case may be. The filing of the memorandum of appeal from the order or decision of the Med-Arbiter stays the holding of any certification election. the Regional Director shall cause the transmittal thereof together with the entire records of the case to the Office of the Secretary. Finality of Order/Decision. the entire records of the case shall be remanded to the Regional Office of origin for implementation.

one-year period shall be suspended until the decision on appeal has become final and executory. Section 25. affiliation. . notice for change of name. the results thereof shall constitute a bar to another petition for certification election. Attestation requirements.One (1) original copy and two (2) duplicate copies of all documents accompanying the application or notice shall be submitted to the Regional Office or the Bureau. merger and consolidation within ten (10) days from receipt either by: (a) approving the application and issuing the certificate of registration/acknowledging the notice/report. consolidation and affiliation including all the accompanying documents. . as the case may be. Where the applicant/labor organization concerned fails to .The application for registration of labor unions and workers' associations.The representation case shall not be adversely affected by a collective bargaining agreement registered before or during the last sixty (60) days of a subsisting agreement or during the pendency of the representation case. the Regional Office or the Bureau shall. . shall be certified under Section 3. Where the documents supporting the application for registration/notice of change of name.Where there is no Med-Arbiter available in the Regional Office by reason of vacancy. affiliation. Accompanying documents. and attested to by its President. prolonged absence. or (b) denying the application/notice for failure of the applicant to comply with the requirements for registration/notice. which shall within forty-eight (48) hours from receipt assign the case to any Med-Arbiter from any of the Regional Offices or from the Bureau. RULE IV PROVISIONS COMMON TO THE REGISTRATION OF LABOR ORGANIZATIONS AND WORKERS ASSOCIATION Section 1. or excessive workload as determined by the Regional Director. he/she shall transmit the entire records of the case to the Bureau. notify the applicant/labor organization concerned in writing of the necessary requirements and complete the same within thirty (30) days from receipt of notice. . . Section 5. . merger. Payment of registration fee. Where no petition for certification election was filed but the parties themselves agreed to hold a consent election with the intercession of the Regional Office. merger and consolidation are incomplete or do not contain the required certification and attestation. Section 4. Action on the application/notice. Effects of early agreements. shall act on all applications for registration or notice of change of name.The Regional Office or the Bureau.A labor union and workers' association shall be issued a certificate of registration upon payment of the prescribed registration fee. Section 24. within five (5) days from receipt of the application/notice. as the case may be. Section 2. Denial of Application/Return of Notice. oath by its Secretary or Treasurer. Non-availability of Med-Arbiter.

affiliation. Form of Denial of Application/Return of Notice. interests and obligations of the absorbed labor organizations are transferred to the absorbing organization. Section 10.The labor union or workers' association shall be deemed registered and vested with legal personality on the date of issuance of its certificate of registration or certificate of creation of chartered local.The change of name of a labor organization shall not affect its legal personality. The memorandum of appeal together with the complete records of the application for registration/notice of change of name. without prejudice to filing a new application or notice. All the rights and obligations of a labor organization under its old name shall continue to be exercised by the labor organization under its new name. Section 9.The notice of the Regional Office or the Bureau denying the application for registration/returning the notice of change of name. The denial may be appealed to the Bureau if denial is made by the Regional Office or to the Secretary if denial is made by the Bureau. .The memorandum of appeal shall be filed with the Regional Office or the Bureau that issued the denial/return of notice. Where there is consolidation. shall be transmitted by the Regional Office to the Bureau or by the Bureau to the Office of the Secretary.complete the requirements within the time prescribed. affiliation. interests and obligations of the consolidating labor organizations. All the rights. The newly created labor organization shall acquire all the rights. or the notice of change of name. Section 7. the application for registration shall be denied.It shall be the duty of every legitimate labor unions and workers associations to submit to the Regional Office or the . Section 6. within ten (10) days from receipt of such notice. Reporting requirements.Where there is a merger of labor organizations. . Effect of merger or consolidation. while the legal existence of the absorbing labor organization subsists. Section 8. Appeal. affiliation. Procedure on appeal. Such legal personality may be questioned only through an independent petition for cancellation of union registration in accordance with Rule XIV of these Rules. and not by way of collateral attack in petition for certification election proceedings under Rule VIII. merger or consolidation shall be in writing stating in clear terms the reasons for the denial or return. merger or consolidation. within twenty-four (24) hours from receipt of the memorandum of appeal. . . merger and consolidation returned. Effect of change of name. the legal existence of the consolidating labor organizations shall cease and a new labor organization is created. RULE V REPORTING REQUIREMENTS OF LABOR UNIONS AND WORKERS ASSOCIATIONS Section 1. . on the ground of grave abuse of discretion or violation of these Rules. Effect of registration. the legal existence of the absorbed labor organization(s) ceases. . The Bureau or the Office of the Secretary shall decide the appeal within twenty (20) days from receipt of the records of the case.

or from the occurrence of any change in the officers of agents of the labor organization or workers association. As understood in these Rules. within thirty (30) days after the close of each fiscal year. unless a different period is prescribed in the constitution and by-laws. two (2) copies of each of the following documents: (d) updated list of individual members of chartered locals. as well as the updated list of their authorized representatives. in the case of federations or national unions. and (a) any amendment to its constitution and by-laws and the minutes of adoption or ratification of such amendments. . within thirty (30) days from its adoption or ratification. within thirty (30) days after each regular or special election of officers. (b) annual financial reports within thirty (30) days after the close of each fiscal year or calendar year. collective bargaining agreements executed and their effectivity period.Bureau which issued its certificate of registration or certificate of creation of chartered local. independent unions and workers' associations within thirty (30) days after the close of each fiscal year. (e) updated list of its chartered locals and affiliates or member organizations. agents or signatories in the different regions of the country. (c) updated list of newly-elected officers. together with the appointive officers or agents who are entrusted with the handling of funds. as the case may be. the fiscal year of a labor organization shall coincide with the calendar year.