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Samahan ng Manggagawa ng Hanjin Shipyard v.

BLR

2 notions of the right to form union or association or self-


organization
a.) Liberty or freedom- the absence of restraint which guarantees that
the employee may act for himself without being prevented by law.
b.) The power as he pleases, join or refrain from joining an association.

Labor organization- any union or association or 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.

2 broad rights
a.) To bargain collectively- a right given to union once it registers itself.
b.) To deal with the employer concerning terms and conditions of
employment- generic description of interaction between employers
and employees concerning grievances, wages, work hours and other
terms and conditions of employment, even if employees group is not
registered with the DOLE.

Collective bargaining- one of the forms of employee participation.

Notes:
Every labor union is a labor organization, not every labor
organization is a labor union.
End goal of employee representation- employee participation in
whatever form it may appear, bargaining or no bargaining, union or
no union.
Workers assoc. or org. does not always have to be labor union.
Er-Ee collective interactions are not always collective bargaining.
Right to choose whether to form or join a union or workers
association belongs to workers themselves.
Limitations on the Right to Self-organization
o Managerial employees- prohibited from joining, assisting or
forming any labor union.
o Supervisory employees- eligblie for membership in labor
organization but prohibited from joining the CBA unit of the
rank and file employees.
o Government employees have the right to self-organization but
not for collective bargaining but only for furtherance and
protection of their interests.
Misrepresentation as a ground for cancellation of registration of a
labor organization is committed in connection with adoption, or
ratification of the constitution and by laws or amendments thereto,
the minutes of ratification, the list of members who took part in the
ratification of the constitution and by-laws or amendments thereto,
and those in connection with the election of officers, minutes of the
election of officers, and the list of voters.

Labor union Labor association Labor management


council
Any labor organization Organization of workers
in the private sector formed for the mutual
organized for collective aid and protection of its
bargaining and for members or for any
other legitimate legitimate purpose
purpose. other than collective
bargaining.

Er-Ee is not mandatory


in its formation.