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Fronda, Stephanie C.

1.

Where to file

For independent unions, chartered locals, and workers associations, the applications shall be
filed with the Regional Office of the DOLE where the labor organization operates. It shall be
processed by the Labor Relations Division at the Regional Office.

For federations, national unions, or workers association operating in more than one region,
application shall be filed with the Bureau of Labor Relations of the DOLE Regional Office and it
shall be processed by the Bureau of Labor Relations.

If the application of any federation, national or industry union, or trade union center is filed with
the Regional Office, it shall be immediately forwarded to the BLR within 48 hours from filing,
together with all the documents supporting the registration.

Requirements for Application

Independent labor union:

The name of the applicant labor union, name of its officers, their addresses, the
principal address of the labor organization, and the approximate number of
employees in the bargaining unit where it seeks to operate, with a statement that
it is not reported as chartered local of any federation or national union;
The minutes of organizational meeting(s) and the list of employees who
participated in the said meeting(s);
The name of all its members comprising at least twenty percent of the employees
in the bargaining unit;
If the applicant union has been in existence for one or more years, copies of its
annual financial reports, unless it has not collected any amount from the
members, in which case a statement to this effect shall be included in the
application; and
Four copies of the constitution and by-laws of the applicant union, minutes of its
adoption or ratification, and the list of the members who participated in it. The list
of ratifying members shall be dispensed with where the constitution and by-laws
was ratified or adopted during the organizational meeting. In such case, the
factual circumstances of the ratification shall be recorded in the minutes of the
organizational meetings.

Federations and National Unions

The name of the applicant labor union, principal address of the labor organization, ,
name of its officers, and their addresses;
Fronda, Stephanie C.

The minutes of organizational meeting(s) and the list of employees who participated in
the said meeting(s);
If the applicant union has been in existence for one or more years, copies of its annual
financial reports, unless it has not collected any amount from the members, in which
case a statement to this effect shall be included in the application;
The applicant unions constitution and by-laws, minutes of its adoption or ratification,
and the list of the members who participated in it. The list of ratifying members shall be
dispensed with where the constitution and by-laws was ratified or adopted during the
organizational meeting. In such case, the factual circumstances of the ratification shall
be recorded in the minutes of the organizational meetings.
The resolution of affiliation of at least ten legitimate labor organizations, whether
independent unions or chartered locals, each of which must be a duly certified or
recognized bargaining agent in the establishment where it seeks to operate; and
The name and addressed of the companies where the affiliated operate and list of all
members in each company involved. Labor organizations operating within an identified
industry may also apply for registration as a federation or national union within the
specified industry by submitting the Bureau the same set of documents.

Workers Association

The name of the applicant labor union, principal address of the labor organization, ,
name of its officers, and their addresses;
The minutes of organizational meeting(s) and the list of employees who participated in
the said meeting(s);
If the applicant union has been in existence for one or more years, copies of its annual
financial reports, unless it has not collected any amount from the members, in which
case a statement to this effect shall be included in the application; and
The applicant unions constitution and by-laws, minutes of its adoption or ratification,
and the list of the members who participated in it. The list of ratifying members shall be
dispensed with where the constitution and by-laws was ratified or adopted during the
organizational meeting. In such case, the factual circumstances of the ratification shall
be recorded in the minutes of the organizational meetings.

Common Provisions to the Registration of Labor Organizations and Workers


Association

Attestation Requirements

The application for registration of labor unions and workers


associations, notice for change of name, merger, consolidation, and
affiliation including all the accompanying documents, shall be certified
under oath by its Secretary or Treasurer, as the case may be, attested by
its President.
Fronda, Stephanie C.

Payment of Registration Fee

A labor union and workers association shall be issued a certification of


registration upon payment of the prescribed registration fee.

Accompanying Documents
One original copy and two duplicate copies of all documents
accompanying the application.

Legal personality

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. Such legal personality may be questioned only through an independent
petition for cancellation of union registration and not by way of collateral attack in the petition.

Local Charter

A duly registered federation or national union may directly create a local chapter by
issuing a charter certificate indicating the establishment of the local chapter. It shall acquire
legal personality only for purposes of filing a petition for certification election from the date it
was issued a charter certificate. The chapter shall be entitled to all other rights and privileges
upon the submission of the following documents:

The names of the chapters officers, their addressed, and the principal address; and
The chapters constitution and by-laws: Provided, that were the chapters constitution
and by-laws are the same as that of the federation or the national union, this fact shall
be indicated accordingly.

Certification Election

Who may file:

Any legitimate labor organization

Where to file:

It shall be filed with the Regional Office which issued the petitioning unions
certificate of registration/certificate of creation of chartered local.
Fronda, Stephanie C.
Fronda, Stephanie C.

3.

Union Security Clauses:

Closed Shop Agreement


It is an agreement whereby an employer binds himself to hire only
members of the contracting union who must continue to remain members
of the union in good standing for the duration of the agreement as a
condition for continued employment.
Union Shop Agreement
It is a clause in the cba whereby the employer employs the right to hire
persons without regard to their membership or non-membership in the
labor union that represents the employees, with the provision that the
person so hired must become a member of the union after a specified
period and maintain his membership therein in good standing for the
duration of the agreement,.
Maintenance of Membership Clause
It does not require non-members to join the union but provides that those
who do join must maintain their membership for the duration of the union
contract, under penalty of discharge .
Agency Shop
It is an agreement that requires an employee, as a condition of
employment to pay contracting union service fee known as agency fee for
the benefits theses employees receive from the collective bargaining
Fronda, Stephanie C.

agreement as a result of the efforts of the contracting union who are


qualified.
Preferential Shop Agreement
It recognizes the right of the employer to select his employees but requires
him to give preference to members of the contracting union who are
qualified.

4. Requisites of valid strike:

I. Valid ground: It must be based on lawful grounds such as ULP, Bargaining Deadlock,
Union Busting, or the dismissal of the duly certified officers of the union and such
dismissal threatens the existence of the union.
II. Notice of Strike: It shall be filed with the regional branch of the Board at least thirty days
before the intended date thereof, a copy of said notice having been served on the other
party concerned.
III. Observance of Cooling-off period: For a strike to be legal, observance of cooling-off
period is indispensable. For a strike grounded to bargaining deadlock, the cooling-off
period is thirty days before the intended date of strike. For ULP, 15 days before the
intended date of strike
i. The cooling-off period is designed to afford the parties the opportunity to
amicably resolved the dispute with the assistance of the NCMB.
IV. Notice of the Conduct of Strike Vote to NCMB : The requirement of giving notice of the
conduct of strike vote to the NCMB at least 24 hours before the meeting for the said
purpose is designed to :
a. Inform NCMB of the intent of the union to conduct a strike vote.
b. Give NCMB ample time to decide whether or not there is a need to supervise the
conduct of strike vote.
c. Should the NCMB decide on its own initiative or upon the request of an
interested party including the employer, to supervise the strike vote, to give
ample time to prepare for the employment of the requisite personnel, including
peace officers if need be.
V. Conduct of strike to vote: it must be conducted through secret ballot and report its result
to the NCMB at least seven days before the intended date of strike.
VI. Strike Vote Report: A strike vote report submitted to the NCMB at least seven days prior
to the intended date of strike ensures that a strike was, indeed, taken.
VII. Strike Ban: Failure to observe the strike ban makes the strike illegal.

Illegal Strikes:

It is illegal because it fails to comply with certain requirements of the law.


Fronda, Stephanie C.

a. Sympathetic Strike Work stoppages of workers of one company


to make common cause with other strikes of other companies,
without demands or grievances of their own against the employer.

It is illegal because there is no labor dispute between the workers who are joining
the strikers and the latters employer.

a. Slowdown strike- one staged without the workers quitting their


work but merely slackening or by reducing their normal work
output.
b. Quickie strikes or partial strikes brief and unannounced
temporary work stoppage
c. Cause oriented strike- to make a stand on certain national
issues.

Welga ng bayan is illegal because it is a political strike and therefore there is


neither a bargaining deadlock or ULP. It is a political rally.

a. Good faith strike a strike justified in good faith that the


employer was committing ULP at the time the strikers went on
strike
b. Secondary strike- are work stoppages of workers of one
company to exert pressure on their employer so that the latter
will in turn bring pressure upon the employer of another
company with whom another labor union has a labor dispute.

It is illegal because there is no labor dispute involved. A strike can validly take
place only in the presence of and in relation to a labor dispute between employer
and the employee.

a. Primary strike- a strike is conducted by the workers against their


employers involving a labor dispute directly affecting them.

5. According to Article 279 of the Labor Code:

Prohibited Activities.

(a) xxx

No strike or lockout shall be declared after the assumption of jurisdiction by the Secretary or
during the pendency of cases involving the same grounds for the strike or lockout.

xxx. Any union officer who knowingly participates in illegal strike and any worker or union
officer who knowingly participates in the commission of illegal acts during a strike may be
declared to have lost his employment.
Fronda, Stephanie C.

Thus, in case of non-compliance with the return-to-work order in connection with the
certification or assumption of jurisdiction by the Secretary of Labor, the employees concerned
may be subjected to immediate disciplinary action, including dismissal or loss of employment
status or payment by the locking-out employer of backwages, damages and other affirmative
relief even criminal prosecution against either or both of them.

The Secretary of Labor may cite the defiant party in contempt pursuant to the power vested in
him under the provisions of the Labor Code.

The only remedy of the dismissed workers would be to file a Petition for Review on Certiorari
under Rule 45 of the Rules of Court.

6. According to Art. 278 of the Labor Code Strikes, picketing and lockouts xxx (g) When, in his
opinion, there exists a labor dispute causing or likely to cause a strike or lockout in an industry
indispensable to the national interest, the Secretary of Labor and Employment may assume
jurisdiction over the dispute and decide it . Such assumption shall have the effect of
automatically enjoining the intended or impending strike or lockout as specified . If one has
already taken place at the time of assumption , all striking or locked out employees shall
immediately return to work and the employer shall immediately resume operations and re-
admit all workers under the same terms and conditions prevailing before the strike or lockout.

Also in Philcom Employees Union v Philippine Global Communications, the court ruled that the
Secretary of Labor has the authority to assume jurisdiction over a labor dispute causing or
likely to cause a strike or lockout in an industry indispensable to national interest includes and
extends to all questions and controversies arising from such labor dispute. The power is
plenary and discretionary in nature to enable him to effectively and efficiently dispose of the
dispute,