FINALS LABOR REVIEW  Security guards are allowed to form a union.
They are
LABOR RELATIONS
LABOR RELATIONS IN THE PRIVATE SECTOR
 If it is government and its subsidiary you do not apply labor
code.
 If GOCC that have their own charter= CS
 If GOCC does not have their own charter= LC
EXC= Philippine Veterans Bank (the intent of the framers is
to transfer the ownership to the veterans themselves)
LABOR RELATIONS POLICY
 Sec 8 Article 3 of the Constitution (right of the employee to
form unions and association)
 Union=RAF and Supervisory employee
 Government Sector= Right to form association not union
because when you say union it relates to the right to
bargain. In gov sectors you cannot release money without
law. Hence, you cannot bargain. (NO COLLECTIVE
BARGAINING POWER)
 Government Sector= No right to strike.
 For Government instead of bargaining, collective
negotiation. Instead of strike you picket.
 In the government= Association
 In private= Union
 In government= CAN
 In private=CBA
 In the private sector, the right to union is not absolute. It is
because not everyone can form an union. Only RAF and
Supervisory employee can form a union. Managers cannot
form a union.
 Managers cannot form a union because of conflict of
interest. (FAVORING THE EMPLOYER)
 Managers have the right to form association for purposes
of mutual aid and protection.
 Article 13 section 3 of the Constitution (FULL PROTECTION
TO LABOR LOCAL AND OVERSEAS ORGANIZED AND
UNORGANIZED.)
 OFW PROTECTION:
1. The country must have labor laws
2. the country must be signatory to a treaty
3. Bilateral agreement between PH and other country
 Protection to labor is not limited to organized groups. It is
also applicable to unorganized group.
 Article 13 section 3 par 2 of the Constitution (GUARANTEE
THE RIGHT OF THE WORKERS TO SELF-ORGANIZATION)
 Anything that might prohibit an employee to exercise his
right to Self-organization shall constitute ULP.
 Anything that might prohibit an employee to exercise his
right to peaceful concerted activities shall constitute ULP.
 Strike as defined is a temporary stoppage of work. Its
intention is to hamper the operations of the employer.
 Picket as defined as a marching to and from within the
employer’s premises, expressing their opinion against the
employer.
 Libelous statements is not allowed in picketing. Libelous
statements= employee might be liable to libel.
 You cannot block ingress and egress of the employer’s
vicinity. it is a prohibited form of strike.
 Non-union official shall be liable for illegal strike if you
commit prohibited activities.
 For union official to be liable for illegal strike if there are no
grounds and not following procedure.
 If one committed illegal strike, the employer should follow
procedure because it is one of the grounds for termination
for just cause.
 EMPLOYEE SHALL BE ENTITLED TO SECURITY AND TENURE.
 You cannot fire somebody out of caprice.
 You can only demote them or fire them by virtue of the
grounds provided by law.
 Every employee as a rule is secured of their work.
 In firing an employee, it must be grounded on just and
authorized cause.
 HUMANE CONDITIONS OF WORK
WHO ARE ENTITILED TO RIGHT TO SELF-ORGANIZATION?
 All persons employed are allowed to self-organization. (254
of LCP)
 A foreign employee may join and assist labor organization
but cannot form. An alien must obtain working permit and
the principle of reciprocity must apply.
 Prohibition to form trade union activities and negotiation
and managing unions and rallies are prohibited of a foreign
employee.
 Foreign employees cannot vote during union elections.
 Ambulant, intermittent, self-employed may form labor
organization for their mutual aid and protection.
 Supervisory union cannot be mixed with RAF union. Any
person mixed is deemed removed.
allowed to join any RAF or supervisory union depending on
their rank. (Meralco vs Sec Labor)
 Managerial employees cannot join a union but they can
form their own for purpose of mutual aid and protection.
 High-level employees (GOV) cannot join employee’s
association.
 AFP, Firemen, Police and jail guards cannot join labor
organization and join peaceful concerted activities.
 Confidential employees cannot exercise right to self-
organization. Only confidential employees who exercise
functions related to labor relations.
 For employees the right is for the purpose of CB. For other
employees it is for the purpose of mutual aid and
protection.
WHEN WHOULD THE RIGHT TO SELF-ORGANIZATION ATTACH?
 Any employee shall, beginning on his first day of service
shall be considered an employee for purposes of
membership for any labor organization.
WHO ARE EMPLOYEE?
 Supervisory employees are those who in the interest of the
employer recommends managerial actions and such
exercise is not routinary and not clerical in nature because
it requires the use of independent judgement.
 Managerial employees
 Those not falling in the definitions are called ranked-and-
file employees.
 Managers are prohibited because of conflict of interests
because managers are there to execute management
prerogatives.
 Confidential employees are prevented from joining of
union because of the doctrine of necessary implication.
 Necessary implication is
 Cooperative members are prohibited to join unions. You
cannot bargain against yourself.
LABOR ORGANIZATION
 LO DEFINED
WHAT ARE THE KINDS OF UNIONS?
 Independent union refers to the LO that operates in the
enterprise level that secures legal personality through
independent registration.
 Chartered Union
CERTIFICATION ELECTION
 It must be in writing and must be verified
 CONSOLIDATION….
 In the petition there must be the name of the petitioner,
date of the petition and the number of the employees in
the bargaining unit.
 Indicate your circumstance in the petition (organized or
unorganized)
 FREEDOM PERIOD….
 in organized establishment at least 25% of the signature of
the employee in the bargaining unit must be present.
Unorganized go to SEBA
 Any LLO may file a motion for intervention
 Forced intervenor…
 The preliminary conference shall be conducted within 10
days from the receipt of petition
 Purpose…
 Predatory union….
 the filing of certification election is non-adversarial. it is
merely fact finding in character.
 Roles of the employer in certification election is merely by-
stander. their active role is only to submit list of employees
in the med-arbiter.
 WHAT HAPPENS IN THE PRELIMINARY CONFERENCE
 Consent election refers to the contending labor unions
agreed to have an election
 Existence of any bars to the certification election
 DOUBLE MAJORITY RULE… the number of votes cast during
the election day should be at least the majority or else
there is a failure of election. eg. 100=51 out of the 51 you
must at least get 26.
 If nobody got
 No union is an automatic contender in a certification
election. (Iglesia ni Cristo case)
 Run-off election:
1. if there are 3 or more choices
2. the result of which nobody got the double majority
vote
3. 2 highest votes between the unions shall run in a run-
off election
 Spoiled ballots
 Where to file
BARS TO THE CERTIFICATION ELECTION
  Contract bar rule. 60 days before the expiration of the 1. interference to the right to self-organization
CBA….. 2. Yellow dog contract
 1 year bar rule.. Certification year bar rule. Certification 3. Contracting out of services functions performed of
election may not be held within 1 year from the issuance of those members of the labor organization
… 4. Company dominated union
 Deadlock bar rule. 5. discrimination regarding hiring and termination of
 Negotiation bar rule. employment
6. Termination of an employee for testifying in a labor
DO-40-I-15 (VOLUNTARY RECOGNITION it does not exist anymore) case
 Request for sole and bargaining agent certification…. 7. violation of the right to bargain collectively
 Requirements for issuance of SEBA certification…  Totality of conduct test defined
 Run-away shop.
COLLECTIVE BARGAINING IS ONE OF THE DUTIES OF A UNION  Gross violation of the CBA constitutes ULP. Jurisdiction lies
 Procedure of the Collective Bargaining in the LA.
1. A party shall serve a written notice of its proposal to  If not gross in character the jurisdiction is under the
the employer grievance machinery.
2. Employer shall make a reply not later than 10days  ULP OF LABOR ORGANIZATIONS
from the receipt of notice 1. Coerce employees in the exercise of their right to
3. Either party shall request a conference self-organization
4. If the dispute is not resolve the NCMB shall intervene 2. Discriminate employee
upon the request of either parties or its own 3. violate the duty to bargain collectively
initiative. 4. feather fedding…?
 Definition 5. Ask for accept negotiation for atty fees
 Individual bargaining is disadvantageous because you will 6. gross violation of the CBA
have lesser voice 7. Blue-sky bargaining
 When you do bargaining you follow the following: 8. Sweet heart contract
1. The bargaining must be mutual 9.
2. the parties are required to meet promptly and
expeditiously and in good faith CONCERTED ACTIVITIES
3. Reasonable terms and conditions of employment STRIKE
4.  Purpose of strike is to put pressure on the side of the
 Surface bargaining defined employer should the employer refuse to the demands of
 Blue-sky bargaining defined the employees.
 Contents of the CBA  Strike defined
1. Hours of work  Forms strikes:
2. wages 1. As to legality a valid strike and illegal strike.
3. promotions Valid strike is when you comply with the grounds,
4. leaves and absences followed procedure and did not commit any
 Check-off defined prohibited activities during the strike. Illegal strike no
 When does individual written authorization is needed? RE: ground, did not follow procedure and committed
Check-off prohibited activities during strike.
 No-strike no lockout clause (valid) only applies to economic 2. As to purpose economic strike, strike to improve pay
provisions. It will not apply if the grounds for strike is ULP. and working conditions and benefits. ULP strike is to
 Escalator clause defined. put an end to ULP or reinstate terminated union
 Effectivity clause defined. member or official.
 Steps in CBA 3. As to means.
1. Preliminary processing Slow down strike- no stoppage of work but you only
2. Negotiation reduce your output. (UNLAWFUL)
3. Signing of the CBA Sit down strike- You are in your work place but no
4. Publish the CBA/ Posting of CBA in 2 conspicuous performance of work.
places in the office Wild cat strike- a strike where you did not file a notice
5. Ratification of the New CBA to strike
6. Register the CBA with the BLR or the Regional Office  Who may declare a strike?
of DOLE 1. Any certified bargaining representative
 What happens after the end of the 5 years and no new CBA 2. Any LLO if the grounds are ULP
was entered? Automatic renewal principle will apply. Even  Picketing defined
if the old CBA is expired it continues to exists until a new  Boycott is a concerted activity by not patronizing the
CBA was entered into. product of the employee and convincing others to do the
same. (legal if done peacefully)
UNION SECURITY CLAUSE  No injunction rule in labor case.
 Closed-shop agreement defined  Procedure and requirement of a valid strike:
1. What if you are already a member of a rival union. 1. There must be grounds:
Can you be compelled to join the incumbent a. Bargaining deadlock
bargaining union? b. ULP
 Union shop agreement defined c. Union busting
 Maintenance of membership agreement defined 2. Procedure:
 Preferential shop agreement defined a. Notices
 Anti-hitch hiker principle in the CBA or Anti-free rider i. Notice of strike to NCMB, DOLE and
principle employer
 Holy cross of davao college vs Juaquin GR 110007 October ii. Notice of strike vote (after cooling
18 1996 (W-O-N you can enforce the none union members off period) You will let the DOLE
to the agency fees?) know that you will conduct a strike
vote that you will conduct a strike.
UNFAIR LABOR PRACTICE Given at least 24 hours before the
conduct of the strike vote per se. It
 Violation of the Constitutional right of self-organization.
should specify where and what time
Such violation may constitute an ULP.
you will conduct the strike vote.
 Article 258 of the LC
Total union membership must agree
 3 aspects of ULP
to conduct a strike. You will provide
1. Administrative Relief
a copy of the election to the NCMB
2. Civil liability
DOLE
3. Criminal prosecution
iii. Results of the election for the NCMB
 LA has jurisdiction of ULP. (ADMINISTRATIVE)
to check the votes in order to verify
 If LA already includes the civil award of the ULP then you
the strike vote.
are barred from recovering it from the regular courts.
 ULP prescriptive period shall be 1 year from the b. Periods
commission of the ULP.
i. Cooling off period (it should be apart
 Before filing a criminal case there must be a final from the 7 days strike ban)
judgement that a ULP have been committed 30 days bargaining deadlock
 Filing of the case to the LA shall stop the running of the 15 days ULP
prescriptive period 0 days union busting
 ULP COMMITTED BY THE EMPLOYER ii. 7 days strike ban
  None payment of 13th month pay is not a ground for strike
 Change of seating arrangement is not a ground for strike
 in doing a strike vote it should be made in a secret ballot
 Hospital strikes. Effective skeletal force should remain.


LOCK OUT
 Defined
 Lock out gorunds and procedure:
1. Grounds:
a. ULP
b. Bargaining deadlock
2. Procedure
a. Notice of lock out
b. lock out vote (Majority of the BOD or Partners)

PROHIBITED ACTIVITIES
 No person shall obstruct by force….. (279)
 Strike breaker…
 Liability of unions or employee in case of illegal strikes.
Ordinary workers vs Union officers. (effects)
 Article 280 Reduce offer balloting

STRIKES
 Assumption of jurisdiction of the Secretary of Labor.
 Injunction of strike or lockout
 return to work order
 Effect of the employee (deemed loss of employment
status. You should follow the procedures of just cause)

INJUNCTION
 GR: No injunction.
 EXC:
1. Stop performance of unlawful acts
2. Prohibited activities
3. It would affect third parties (performance of
concerted activities)

LABOR RELATIONS IN THE PUBLIC SECTORS

 High level employees cannot join workers’ associations
 AFP, POLICE, BFP, and Jail guards cannot join.
 Purpose
 EO 180

TERMINATION OF EMPLOYMENT
 kinds of employees
 procedural and substantive requirement
 when would a project employee becomes a regular
employee?
 PE no need notice of termination. what is needed is notice
to dole that the project is terminated.
 FTE
 CE
 RE
 PE term of employment
 Just cause vs Authorized cause (10)
 Doctrine of commensurate penalty
 Serious misconduct defined and elements
 Drug testing for it to become a valid just cause. There must
be a confirmatory testing from public health officer.
 willful disobedience elements
 Gross and habitual neglect elements
 Poor performance is a ground for dismissal
 abandonment
 stewardess weight
 effect of termination of just cause= no separation pay
except favorable company policy, employment contract,
cba or company practice
 Financial assistance
 AUTHORIZED CAUSE
 Labor saving device
 Retrenchment
