Professional Documents
Culture Documents
7. TITLE I
1. Self-organization,
8. POLICY AND DEFINITIONS 2. Collective bargaining and
negotiations,
3. Peaceful and concerted activities
including the right to strike in
1.
accordance with law, and
ART. 211. DECLARATION OF POLICY 4. Participate in policy and decision-
making processes affecting their
LABOR RELATIONS – the interactions rights and benefits as may be
between the employer and employees and provided by law.
their representatives and the mechanism by
which the standards and other terms and
1. ART. 212. DEFINITIONS
conditions of employment are negotiated,
adjusted and enforced.
EMPLOYER- one who employs the services
of others; one for whom employees work and
who pays their wages or salaries.
any person acting in the interest of an
employer, directly or indirectly. The term
does not include a labor organization or any collective bargaining agent of the employees
of its officers and agents, EXCEPT when of an appropriate bargaining unit.
acting as an employer.
LEGITIMATE WORKER’S ASSOCIATION –
EMPLOYEE- one who works for an refers to an association of workers organized
employer; a person working for salary or for mutual aid and protection of its members
wages. of for any legitimate purpose other than
11. Shall not be limited to the employees of collective bargaining registered with the
a particular employer, and it shall Department in accordance with Rule III,
include any individual whose work Sections 2-C and 2-D of these rules.
has ceased as a result of or in connection
with any current labor dispute or LABOR MANAGEMENT COUNCIL
because of any unfair labor practice IF - Deals with the employer on matters
he has not obtained any other: affecting the employee’s rights,
1. Substantially equivalent and benefits and welfare.
2. Regular employment (Art.212f) - Purposes are to:
a. promote gainful employment
ICAWO vs. CIR (16 SCRA 562): The category b. improve working conditions and
of “any employee” is so broad as to justify c. achieve increased productivity
employee status for supervisors, regular (RA 6971)
workers, casual employees, emergency
laborers, substitute workers, seasonal LABOR ORGANIZATION — any union or
workers, part-time workers and other special association of employees which exists in
work groups. whole in part for the purpose of collective
bargaining with employers concerning terms
APEX MINING CO., vs. NLRC (196 SCRA 251): and conditions of employment.
Laundrywoman not actually serving the
family of the employer but working in the LEGITIMATE LABOR ORGANIZATION- any
staff houses or within the premises of the labor organization which is duly registered
employer’s business is a regular employee with the Department of Labor. The term
and is not included in the definition of includes a local/chapter of the Bureau of
domestic helper. Labor Relations directly chartered by a
legitimate federation or national union which
FELIX vs. BUENASEDA (240 SCRA 139): has been duly reported to the Department in
Residency or resident physician position in a accordance with Rule VI, Section 2 of Book V
medical specialty is not employment but of the Rules Implementing the LC.
connotes training and temporary status. (No
E-E relationship) LABOR DISPUTE – includes any controversy
or matter concerning:
7. MONETARY CLAIMS OF
OVERSEAS CONTRACT WORKERS
under the Migrant Workers Act of
1995; and
of the union’s constitution and by-laws, or Other related labor relations disputes
disputes arising from chartering or affiliation. shall include any conflict between a labor
organization and the employer or any
MED-ARBITER- an officer in the regional individual, entity, or group that is not a labor
office or bureau authorized to hear, conciliate, organization or worker’s association. This
and decide representation cases or assist in the includes:
disposition of intra or inter-union disputes.
1. cancellation of registration of
COVERAGE OF INTER/INTRA-UNION DISPUTES unions and workers associations;
(Sec. 1 Rule XI DO 40-03) and
a. cancellation of registration of a labor 2. a petition for interpleader
organization filed by its members or
by any other labor organization; SPECIAL REQUIREMENTS AS TO THE FILING
b. conduct of election of union and OF CASES:
worker’s association A. INVOLVING ENTIRE MEMBERSHIP
officers/nullification of election of
union and worker’s association 1. The complaint must be signed by at least
officers; 30% of the entire membership of the
c. audit/accounts examination of union union and
or worker’s association funds; 2. It must also show exhaustion of
d. deregistration of CBA; administrative remedies.
e. validity/invalidity of union affiliation
or disaffiliation; B. INVOLVING A MEMBER ONLY - In such case
f. validity/invalidity of acceptance/non- only the affected member may file the
acceptance for union membership; complaint.
g. validity/invalidity of impeachment/
expulsion of union and worker’s Redress must first be sought within the
association officers; union itself in accordance with its
h. validity/invalidity of voluntary constitution and by-laws EXCEPT
recognition; under any of the following
i. opposition to application for union and circumstances:
CBA registration; a. futility of intra-union remedies
j. violations of or disagreements over b. improper expulsion procedure
any provision in a union or worker’s c. undue delay in appeal as to
association constitution and by-laws; constitute substantial injustice
k. disagreements over chartering or d. the action is for damages
registration of labor organizations and e. lack of jurisdiction of the
CBAs; investigating body
l. violations of the rights and conditions f. action of the administrative agency
of union or worker’s association is patently illegal, arbitrary, and
membership; oppressive
m. violations of the rights of legitimate g. issue is purely a question of law
labor organizations, except h. where the administrative agency
interpretation of CBAs; had already prejudged the case
n. such other disputes or conflicts i. where the administrative agency
involving the rights to self- was practically given the opportunity
organization, union membership, and to act on the case but it did not.
collective bargaining – Imposition of fees by the union affects
the entire membership, therefore it
1. between and among requires that the complaint should be
legitimate labor organizations signed by at least 30% of the
2. between and among members membership of the union.
of a union or worker’s
association
DETERMINATION OF EMPLOYER-EMPLOYEE
RELATIONSHIP: FORMAL REQUIREMENTS OF A VALID
COMPROMISE AGREEMENT:
- Since the BLR has the original and 1. in writing
exclusive jurisdiction to decide, inter alia, 2. signed in the presence of the regional
all disputes, grievances or problems arising director or his duly authorized representative.
from or affecting labor-management
relations in all workplaces, necessarily, in WITH VS. Without Assistance of DOLE-
the exercise of this jurisdiction over labor- COMPROMISE AGREEMENTS
management relations, the Med-Arbiter Without assistance With the assistance
has the authority, original and exclusive, of DOLE of DOLE
to determine the existence of an
a. VALIDITY/BINDING
employer-employee relationship. (MY San
EFFECT
Biscuits, Inc. vs. Laguesma G.R. No. 9511,
- Valid and binding
22 April 1991)
upon the parties - Valid and binding
upon the parties
In cases where there is overlapping of
jurisdiction, determine the principal b. REPUDIATION
issue. The agency that has jurisdiction - Can be repudiated - Can no longer be
thereon may decide on the incidental by the parties by repudiated—
issues. going to the becomes final and
Commission binding upon the
parties upon
4. ADMINISTRATIVE FUNCTIONS NOTE: ULP cases are execution EXCEPT
OF THE BLR: not subject to a. in case of non
1. The REGULATION OF REGISTRATION compromise. compliance
of the labor unions; with the
2. The KEEPING OF A REGISTRY of labor compromise
unions; agreement; or
3. The maintenance of a FILE OF CBAS. if there is
ART. 227. COMPROMISE AGREEMENTS; and prima facie
4. The maintenance of a file of all evidence that the
settlements or final decisions of the settlement was
Supreme Court, Court of Appeals, NLRC obtained through
and other agencies on labor disputes. fraud,
1. misrepresentation,
2. or coercion
REQUIREMENTS:
a. must be freely entered into;
b. must not be contrary to law, morals or
public policy; and OPTIONS WHEN COMPROMISE AGREEMENT IS
c. must be approved by the authority before VIOLATED:
whom the case is pending [see discussion on 1. enforce compromise by writ of execution
article 221—approval of labor arbiter of an 2. regard it as rescinded and insist upon
amicable settlement in a case before him. original demand.
May be effected at any stage of
3.
the proceedings and even when there
REQUIREMENTS OF A VALID QUITCLAIM:
is already a final executory judgment
(2040 NCC).
1. The quitclaim must be VOLUNTARILY
Cannot be entered into when the ARRIVED at by the parties;
final judgment is already in the 2. It must be WITH THE ASSISTANCE of the
process of execution. (Jesalva vs. Bureau of Labor Standards, Bureau of
Bautista) Labor Relations or any representative of
the DOLE; and
ART 231. REGISTRY OF UNIONS AND FILE Information and statements made at
OF COLLECTIVE AGREEMENT conciliation proceedings shall be treated as
privileged communication and shall not be
The CBA is more than a contract, it is used as evidence in the Commission.
highly impressed with public interest
for it is an essential instrument to Conciliators and similar officials may
promote industrial peace. not testify in any court or body
Must be filed directly with the Bureau regarding any matters taken up at
or the Regional Offices of DOLE within conciliation proceedings conducted by
thirty (30) days from execution. them.
An UNREGISTERED CBA does not bar
certification election [contract bar
rule will not apply in the absence of
registration. [See discussion on Arts.
253 & 253-A]
CHAPTER I
12. ART 232. PROHIBITION ON
CERTIFICATION ELECTION REGISTRATION AND CANCELLATION
1.
INDEPENDENTLY UNREGISTERED
INDEPENDENT REGISTERED
CHARTERING
REGISTRATION
A. FRAUDULENT ACTS
c.
PERSONS WHO ARE PROHIBITED FROM the purpose of the assessment or
BECOMING MEMBERS/OFFICERS OF A LABOR fees
ORGANIZATION UNDER THE LABOR CODE
(see also notes under Art. 243 on persons who The record shall be attested by the
are not granted the right to self- President.
organization):
Substantial compliance to the
1. Subversives or those engaged in aforementioned procedure is not
subversive activities [Art.241 (e)] enough—the requirements must be
2. Persons who have been convicted of a strictly complied with in view of the
crime involving moral turpitude shall fact that the special assessment will
not be eligible for election as union diminish the compensation of union
officer or for appointment to any members. (Palacol et. al vs. Ferrer-
position in the union. [Art. 241 (f)] Calleja et. al)
In general, a union is free to select CHECK-OFF - a method of deducting from
its own members, and no person has an employee’s pay at prescribed period, the
an absolute right to membership in a amounts due to the union for fees, fines or
union. assessments.
LIMITATIONS [see discussion on union
security arrangements under Art. 248]: NATURE AND PURPOSE OF CHECK-OFF:
to facilitate the collection of dues
a. The labor org. cannot compel employees
necessary for the union’s life and
to become members of their labor
sustenance.
organization if they are already
member of rival union.
Union dues are the lifeblood of the
b. persons mentioned in Art. 241(e) union.
[subversives] of the labor code are
prohibited from becoming a member a REQUIREMENTS WITH REGARD TO CHECK-
labor organization. OFFS (Art. 241 [o]):
5.
6.
TITLE V PERSONS/EMPLOYEES ELIGIBLE TO JOIN A
LABOR ORGANIZATION FOR MUTUAL AID
COVERAGE AND PROTECTION (AIRSIW):
1. Ambulant,
4. ART. 243. COVERAGE AND 2. Intermittent,
EMPLOYEES’ RIGHT TO SELF–ORGANIZATION 3. Rural,
4. Self-employed people
4. 5. Itinerant workers and
PERSONS/EMPLOYEES ELIGIBLE TO JOIN A 6. Workers without any definite
LABOR ORGANIZATION FOR PURPOSES OF employers,
COLLECTIVE BARGAINING: PERSONS/EMPLOYEES WHO ARE NOT
GRANTED THE RIGHT TO SELF-
1. All persons employed in commercial, ORGANIZATION: (HEMACEN)
industrial and agricultural (CIA)
enterprises, and 1. High-level government employees (E.O.
180 Sec. 3) (MANAGERIAL GOVERNMENT
2. In religious, charitable, medical or EMPLOYEES)
educational (RCME) institutions
whether operating for profit or not 2. Employees of international organizations
with immunities (ICMC vs. Calleja)
3. Managerial employees
whose functions are normally
GOVERNMENT –OWNED GOVERNMENT – considered as policy-making or
OR CONTROLLED OWNED OR managerial
CORPORATIONS WITH CONTROLLED whose duties are of a highly
AN ORIGINAL CHARTER CORPORATIONS confidential or highly technical in
WITHOUT nature (212 LC)
ORIGINAL
CHARTER 4. Members of the Armed Forces of the
a. LAW Philippines, including police officers,
- Employees cannot - The GOCC is policemen, firemen and jail guards (E.O.
stage strikes since they created under 180 Sec. 4);
are governed by the Corporation Code,
Civil Service Law. They then employees are 5. Confidential employees (Metrolab
are enjoined by Civil covered by the Labor vs. Confesor)
Service Memorandum Code. Therefore
Circular No. 6, under the employees have 6. Employees of cooperatives who are
pain of administrative the same rights as members (Benguet Elec. Coop. vs
sanctions from staging those as employees Calleja)
strikes, demonstrations, of private
mass leaves, walkouts corporations, one of 7. Non-Employees (Rosario Bros. vs
and other concerted which is the right to Ople)
activities. strike.
b. BARGAINING RIGHTS Foreigners validly working in the
- Corporations with Philippines [with permit from DOLE] can
original charters - The GOCC is form labor organizations, provided the same
cannot bargain with created under right to form, join or assist in the formation
the government Corporation Code, of labor unions is also given to Filipinos in
concerning the being governed by their country of origin. This embodies the
terms and conditions the Labor Code, they principle of reciprocity.
of their can bargain with the
employment. government MAY SECURITY GUARDS FORM A LABOR
However, they can concerning the terms ORGANIZATION?
negotiate with the and YES. Under RA 6715, they may now freely
government on conditions of join a labor organization of the rank-and-file
those terms and their employment. or that of the supervisory union, depending
conditions of Thus, they have on their rank. (Meralco vs. Secretary of
employment which unlimited bargaining Labor)
are not fixed by law. rights.
Thus, they have
limited bargaining
rights.
LABOR LAW COMMITTEE
c.PURPOSE
CHAIRPERSONOF: Francis Benedict Réotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor
ORGANIZATION Relations),
- Can form, join or Maria Fe Taal (Special Laws) EDP: Flora Sherry
Basquiñez
-Can
ASST.only
EDP’Sform, join
: Jennifer or assist
Trinidad, labor Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
Ma. Jasmine
assist labor organization organization for
for purposes not contrary purposes of CBA, etc.
to law.
San Beda College of Law 26
the rank and file has a rank and file or managerial status.
employees] (Engineering Equipment, Inc. vs. NLRC)
c. PURPOSE OF - to determine an
DEFINITION employee’s MAY THEY AFFILIATE WITH A FEDERATION
- to determine w/n eligibility in OF LABOR ORGANZATIONS OF RANK AND
certain employees are joining/forming a FILE EMPLOYEES?
covered by Book III of labor union.
the LC on Conditions of YES. Provided that:
Employment. a. the federation is not actively involved
in union affairs in the company; and
Reason for ineligibility in the collective b. the rank and file employees are not
bargaining process, managerial employees directly under the control of the
are the alter ego of the employers and thus supervisors (Adamson vs. Adamson)
they are supposed to be on the side of the
employer to act as its representatives, and EFFECT OF HAVING MIXED MEMBERSHIP –
to see to it that its interests are well A union whose membership is a mixture of
protected. The employer is not assured of the supervisors and the rank and file is not
such protection if these employees are union and cannot become a legitimate labor
members. organization. It cannot petition for a
In the same manner, the labor union certification election, much less ask to be
might not be assured of their recognized as the bargaining representative
loyalty to the union in view of the of employees.
evident conflict of interest.
The union can also become CONFIDENTIAL EMPLOYEES - by the very
company-dominated with the nature of their functions, they assist and act
presence of managerial employees in a confidential capacity to, or, have
in Union Membership (Bulletin access to confidential matters of persons
Publishing Co. Inc. vs. Hon. Augusto who exercise managerial functions in the
Sanchez). field of labor relations. Therefore, the
rationale behind the ineligibility of
SUPERVISORY EMPLOYEES - those who, in managerial employees to form, assist or join
the interest of the employer, effectively a labor union equally applies to them.
recommend such managerial actions if the (Philips Industrial Dev’t Inc. Vs. NLRC)
exercise of such authority is not merely
routinary or clerical in nature but requires - they are entrusted with confidence on
the use of independent judgment. delicate matters, or with the custody,
handling, or care and protection of the
MAY SUPERVISORY EMPLOYEES FORM, employer’s property. Under the doctrine of
ASSIST, JOIN A LABOR ORGANIZATION? necessary implication, confidential
employees are similarly disqualified under
YES, on their own and NOT with the rank- Article 245. (Republic Planters Bank vs.
and-file employees (RA 6715). Torres)
NOTE: The phrase “in the field of labor
The TEST IS: Do they exercise relations” is important. It stresses labor
independent judgment which is not nexus, i.e., confidentiality of the position is
subject to evaluation of other related or linked to labor relations matters.
department heads/other superiors? Access to information which is
If in the affirmative, then they may- regarded by the employer to be
must form a labor organization of confidential from the business
their own [separate from the rank standpoint, such as financial
and file employees] information or technical trade
If their responsibilities do not secrets, will not render an employee
inherently require the exercise of a confidential employee. (SMC
discretion and independent Supervisors & Exempt Union vs. Hon.
judgment [or merely Laguesma, et al.)
routinary/clerical in nature] then Confidentiality is not a matter of
they may join the union composed official rank, it is a matter of job
of the rank and file employees. content and authority. It is not
measured by closeness to or
NOTE: It is the nature of the employee’s distance from top management, but
functions and not the nomenclature or title by the significance of the
given to his job which determines whether he
ART. 246. NON-ABRIDGEMENT OF THE NOTE: Prohibited acts are all related to the
RIGHT TO SELF-ORGANIZATION workers' self-organizational right and the the
observance of a CBA, except Art. 248 (f)
“THE RIGHT TO SELF-ORGANIZATION SHALL dismissing or prejudicing an employee for
NOT BE ABRIDGED” MEANS: giving testimony under the Code.
It shall be unlawful for any person to: ULP has a technical meaning.
It is a practice unfair to labor,
a. restrain, although the offender may either be
b. coerce, an employer or a labor organization
c. discriminate against, or It refers to acts opposed to workers'
d. unduly interfere right to organize. Without this, the
act, no matter how unfair, is not ULP.
- with employees and workers in their It commonly connotes anti-
exercise of the right to self-organization. unionism.
It also refers to gross violation of
Any act intended to weaken or CBA provisions. Gross means the act is
defeat the right is regarded by law malicious and flagrant.
as an offense, which is technically
called “unfair labor practice.” 2 ASPECTS OF UNFAIR LABOR PRACTICE:
TITLE VI CIVIL CASE CRIMINAL CASE
A. PERSONS LIABLE
UNFAIR LABOR PRACTICES
1. Officers and 1. Agents and officers
CHAPTER I agents of who participated or
employer or authorized or ratified
CONCEPT 2. Labor the act.
organization, 2. Agents,
officers and representatives, members
agents of the government board,
1. including ordinary
ART. 247. UNFAIR LABOR PRACTICES members
B. JURISDICTION
NATURE OF UNFAIR LABOR PRACTICES:
-Labor Arbiters of -MTC/RTC as the case
1. VIOLATE THE CONSTITUTIONAL RIGHT the NLRC may be.
of workers and employees to self- C. QUANTUM OF PROOF NEEDED
organization; -substantial -beyond reasonable doubt
2. are INIMICAL TO THE LEGITIMATE evidence [subject to prosecution
INTERESTS of both and punishment]
labor and management, including their
right to bargain collectively and D. PRESCRIPTIVE PERIOD
otherwise deal with each other in an
atmosphere of freedom and mutual
respect
3. DISRUPT INDUSTRIAL PEACE; and
4. hinder the promotion of healthy and
stable labor-management relations and
mutual respect [LABOR-MNGT
RELATIONS-UNSTABLE];
- one year from - one year from the tends to interfere with the free exercise of
the accrual of the accrual of the ULP act, the employees' right and it is not necessary
ULP act. however it will be that there be direct evidence that any
suspended once the employee was in fact intimidated or coerced
administrative case has by the statements of threats or the employer
been filed and would only if there is a reasonable interference that the
continue running once the anti-union conduct of the employer does
administrative case has have an adverse effect of self-organization
attained finality. and collective bargaining.
Final judgment in the
administrative 2. TO REQUIRE AS A CONDITION FOR
proceeding finding that EMPLOYMENT THAT A PERSON OR AN
ULP has been committed EMPLOYEE
is a prerequisite in filing - shall not join a labor
a criminal case for ULP organization or
NOTE: Final judgment in - shall withdraw from one to
the administrative which he belongs;
proceedings shall not be
binding in the criminal YELLOW DOG CONTRACT - A promise
case nor shall be exacted from workers as a condition of
considered as an employment that they are not to belong to,
evidence of guilt but or attempt to foster, a union during their
merely as a proof of period of employment. It is null and void
compliance of the because:
requirements prescribed - It is contrary to public policy for it
by the Code. is tantamount to involuntary servitude.
2. CHAPTER II - It is entered into without
consideration for employees in waiving
UNFAIR LABOR PRACTICES their right to self- organization
OF EMPLOYERS - Employees are coerced to sign
contracts disadvantageous to their
family.
2. ART Does Art. 248 (3) mean that an employer
248. ULP THAT MAY BE COMMITTED BY AN cannot contract out work?
EMPLOYER (1-10)
20. NO. Contracting out services is not ULP
per se. It is ULP only when the following
1. To INTERFERE WITH, RESTRAIN OR conditions exist:
COERCE EMPLOYEES 1. the service contracted- out are
- in the exercise of their right to being performed by union
self-organization; members; and
2. such contracting-out interferes
INTERFERENCE with, restrains, or coerce
employees in the exercise of
Examples: their right to self-organization.
- outright and unconcealed intimidation
- interrogation HOWEVER, when the contracting-out is being
employer must communicate to the done to minimize expenses, then it is a valid
employee the purpose of questioning exercise of management prerogative.
1. assure him that no reprisal would
take place 3. To CONTRACT OUT SERVICES OR
2. obtain employee participation FUNCTIONS BEING PERFORMED BY
voluntarily UNION MEMBERS
3. must be free from employer hostility - when such will interfere with,
to union organization restrain or coerce employees in the
4. must not be coercive in nature - exercise of their right to self-
-intimidating expressions of opinion by organization;
employer
4. To INITIATE, DOMINATE, ASSIST OR
TEST OF INTERFERENCE OR COERCION - OTHERWISE INTERFERE
whether the employer has engaged in - with the formation or administration of
conduct which it may reasonably be said any labor organization,
- including the giving of financial or employees at the old plant because of their
other support to it or its organizers or union activities.
officers; (Formation of Company
Union) COMPANY UNIONISM
1. Initiation of the company union idea
5. To DISCRIMINATE IN REGARD TO WAGES, by:
hours of work, and other terms and a. outright formation by
conditions of employment in order to employer or his
encourage or discourage membership representatives
in any labor organization. b. employee formation on
outright demand or influence
TEST OF DISCRIMINATION- whenever by employer
benefits or privileges given to one is not c. managerially motivated
given to the other under similar or identical formation by employees
conditions when directed to encourage or 2. financial support to the union by:
discourage union membership (see more a. employer defrays union
discussions below) expenses
b. pays attorney's fees to the
6. To DISMISS, DISCHARGE OR attorney who drafted the
OTHERWISE PREJUDICE OR Constitution or by laws of the
DISCRIMINATE against an employee union
- for having given or being about to 3. employer encouragement and
give testimony under this Code; (The assistance by immediate granting of
only ULP act which is not anti- exclusive recognition as bargaining
unionism) agent without determining whether
the union represents majority of the
DISCRIMINATION BECAUSE OF TESTIMONY employees
TEST: the subject matter of the 4. supervisory assistance by soliciting
testimony can be anything under the membership, permitting union
Code activities during work time or coercing
what is ULP is the employer's employees to join the union by threats
retaliatory act regardless of the of dismissal or demotion.
subject of employee's complaint or
testimony DISCRIMINATION FOR OR AGAINST UNION
MEMBERSHIP
7. TO VIOLATE THE DUTY TO BARGAIN
COLLECTIVELY AS PRESCRIBED BY THIS TEST OF DISCRIMINATION: That the
CODE; discharge of an employee was motivated by
his union activity. Such inference must be
8. TO PAY NEGOTIATION OR ATTORNEY’S based on evidence, direct or circumstantial,
FEES TO THE UNION OR ITS OFFICERS OR not upon mere suspicion.
AGENTS
- as part of the settlement of any CONSTRUCTIVE DISCHARGE - ULP where
issue in collective bargaining or any employer prohibits employees from
other disputes; or exercising their rights under the Code, on
pain of discharge, and the employee quits as
9. To VIOLATE A COLLECTIVE a result of the prohibition
BARGAINING AGREEMENT.(GROSSLY!)
- the violation must be gross and with THREE COMPONENTS OF ART. 248(5)
respect to the economic provision of (DISCRIMINATION):
the CBA (flagrant and with malice)
All the aforementioned acts (Nos. 1-9) 1. It prohibits discrimination in terms
must have a relation to the employees’ and conditions of employment in order
exercise of their to self-organization. to encourage or discourage
Anti-union or anti-organization motive membership in the union;
must be proved because it is a 2. It gives validity to union security
definitional element of ULP. agreements;
RUNAWAY SHOP - an industrial plant 3. It allows an agency shop arrangement
moved by its owners from one location to whereby agency fees may be collected
another to escape union labor regulations or from non-union members.
state laws or to discriminate against
Collective bargaining does not end 9. the union makes unlawful bargaining
with the execution of the demands
agreement. It is a continuous BARGAINING TO THE POINT OF DEADLOCK
process. The duty to bargain OR IMPASSE:
imposes on the parties during the
term of their agreement the mutual 1. over a mandatory subject - party may
obligation to meet and confer insist on bargaining and will not be construed
promptly and expeditiously and in as bargaining in bad faith
good faith for the purpose of
adjusting any grievances or question REASON: duty to bargain requires meeting
arising under such agreement. and convening on the terms and conditions of
(Republic Savings Bank vs. CA) employment but does not
require assent to the other party's proposals.
FOUR (4) FORMS OF ULP IN BARGAINING:
a. failure or refusal to meet and convene 2. over a non-mandatory subject - party
b.evading the mandatory subjects of may not insist on bargaining to the point of
bargaining impasse, otherwise, he will be construed as
c. bad faith in bargaining [boulwarism], bargaining in bad faith.
including failure or refusal to execute
the CBA, if requested EXAMPLE: The employer's insistence that the
d. gross violation of the CBA union should change its negotiator before
bargaining can proceed to the employees'
Do economic exigencies justify refusal to wage and benefits is an instance of bad-faith
bargain? bargaining because the composition of the
negotiating panel is not a mandatory subject
An employer has been held not guilty of of bargaining.
refusal to bargain by adamantly rejecting the
union's economic demands where he is Hence, if Party A insists on first settling a
operating at a loss, on a low profit margin, or non-mandatory subject before tackling a
in a depressed industry, as long as he mandatory subject, Party B may complain
continues to negotiate. But financial that Party A's posture is just an excuse to
hardship constitutes no excuse for refusing to avoid bargaining on the mandatory, essential
bargain collectively. subjects of bargaining; thus, Party B can
charge that Party A is bargaining in bad faith
ACTS NOT DEEMED REFUSAL TO BARGAIN: or is evading bargaining on terms and
1. adoption of an adamant bargaining conditions of employment - in short, Party A
position in good faith is committing ULP.
2. refusal to bargain over demands for NOTE: What the rule forbids is the posture
commission of ULP of making settlement of a non-mandatory
subject a pre-condition to the discussion or
3. refusal to bargain during period of illegal settlement of a mandatory subject.
strike
ART. 253. DUTY TO BARGAIN
4. there is no request for bargaining COLLECTIVELY WHEN THERE EXISTS A
COLLECTIVE BARGAINING AGREEMENT
5. union seeks recognition for an
inappropriately large unit 4. GENERAL RULE: When there
is an existing CBA, the duty to bargain
6. union seeks to represent some persons
collectively shall also mean that neither
who are excluded from the Code
party shall TERMINATE nor MODIFY such
agreement during its lifetime. It is the duty
7. the rank-and-file unit includes supervisors
of both parties to:
or inappropriate otherwise
a. keep the status quo and independent union only during the 60-
b. to continue in the full force and day freedom period immediately
effect the terms and conditions of the preceding the expiration of the CBA.
existing CBA [take note of the limitation-see
discussions on registration of labor
EXCEPTION: during the 60-day period unions]
prior to its expiration, upon service of a b. either party can serve a written notice
written notice of a party’s intention to to TERMINATE OR MODIFY the
agreement at least 60 days prior to its
2. 253 253-A/256 expiration period [on re-negotiable/non-
representation aspect of the CBA—see
A.FREEDOM PERIOD discussion on 253]
-the notice of intention to - representation c. a petition for CERTIFICATION ELECTION
terminate, amend or alter aspect of the CBA may be filed
the provisions of the CBA shall be for a term
shall be filed within the of five (5). A ART. 253–A. TERMS OF A COLLECTIVE
sixty (60) day period, petition for BARGAINING AGREEMENT (CONTRACT BAR
immediately prior to the certification RULE)
expiration of the CBA. election may be
-the economic provisions entertained and a
however may be certification 5. DURATION OF THE CBA:
renegotiated not later than election may be
three (3) years. Those conducted within 1. With respect to the representation
economic provisions the 60-day period aspect, the same lasts for 5 years
entered within 6 months immediately prior
from the expiry of their to the expiration of 2. With respect to other provisions
term as fixed in the CBA the CBA. [economic provisions], the same may last
shall retroact to the day for a maximum period of 3 years after
immediately following such the execution of the CBA
date, if beyond 6 months
the effectivity is by RULE ON RETROACTIVE EFFECTS OF OTHER
agreement of the parties. ECONOMIC PROVISIONS WITH FIXED TERM
3. OR DATES OF EXPIRY AS PROVIDED IN THE
CBA:
4. B. WHAT MAY BE
CHANGED DURING THE 60- - representation
aspect—it may be a. Those made within 6 months after the
DAY FREEDOM PERIOD
resolved by holding date of expiry of the CBA
5. -re-negotiable - Any agreement on such other provisions
provisions of the CBA certification of the CBA made within 6 months after the
particularly the non- election date of expiry of the CBA is subject to
representation aspect AUTOMATIC RETROACTION to the day
(ECONOMIC PROVISIONS immediately following such date of expiry.
may be renegotiated not
later than three (3) years. b. Those not made within 6 months the
terminate or modify the same, a party may parties may agree to the DATE OF
choose to terminate or modify the non- RETROACTION.
representational aspect of the CBA only after - This rule applies only if there is
the expiration of CBA of fixed duration. an EXISTING AGREEMENT. If THERE IS NO
EXISTING AGREEMENT, there is no
DUTY TO BARGAIN COLLECTIVELY retroactive effect because the date agreed
UNDER 253 AND 253-A/256 upon shall be the start of the period of
agreement.
AUTOMATIC RENEWAL CLAUSE – Art. 253
provides that the CBA shall remain effective NOTE: Article 253-A on retroaction does not
and enforceable even after the expiration of apply if the provisions were imposed by the
the period fixed by the parties as long as no Secretary of Labor by virtue of arbitration. It
new agreement is reached by them. applies only if the agreement was voluntarily
made by the parties.
WHAT MAY BE DONE DURING THE 60- 22. ART. 254. NO INJUNCTION RULE
DAY FREEDOM PERIOD:
No temporary or permanent injunction or
a. A labor union may DISAFFILIATE from restraining order in any case involving or
the mother union to form a local or
growing out of labor disputes shall be issued contrary to law, self-organization and to
by any court or other entity, except as enter into collective bargaining negotiations.
otherwise provided in Articles 218 (Powers of
the Commission/NLRC) and 264 (Prohibited two companies cannot be treated
Activities) of this Code. into a single bargaining unit even if their
businesses are related.
REASON: injunction contradicts the
constitutional preference for voluntary subsidiaries or corporations formed
modes of dispute settlement out of former divisions of a mother
company following a reorganization may
In cases of strikes/picketing, third constitute a separate bargaining unit.
parties or innocent bystanders may
secure a court (regular court) LABOR MANAGEMENT COUNCILS - deal
injunction to protect their rights. with the employer on matters affecting
(PAFLU vs. CLORIBEL) employee’s rights, benefits and welfare.
They may be formed even if there is
ART. 255. EXCLUSIVE BARGAINING already a union in the company.
REPRESENTATION AND WORKER’S
PARTICIPATION IN POLICY AND DECISION- ARTS. 256-259 PETITION FOR
MAKING CERTIFICATION ELECTION
23.
WHAT IS THE MEANING OR EXTENT OF THE 24. BARGAINING UNIT- a group of
WORKERS’ RIGHT TO PARTICIPATE IN employees of a given employer, comprised of
POLICY AND DECISION-MAKING PROCESSES? all or less than all the entire body of the
employees, which, consistent with equity to
Such right refers ONLY to the employer, indicate to be best suited to
participation in grievance procedures and serve the reciprocal rights and duties of the
voluntary modes of settling disputes and NOT parties under the collective bargaining
to formulation of corporate programs and provision of the law.
policies.
CERTIFICATION YEAR - refers to the
NOTE: An employer may solicit questions, period wherein collective bargaining should
suggestions and complaints from employees begin, which is within 12 months following
eventhough the employees are represented the determination and certification of
by a union, provided: employees' exclusive bargaining
representative.
1. the collective bargaining FOUR FACTORS IN DETERMINING THE
representative executes an agreement APPROPRIATE BARGAINING UNIT:
waiving the right to be present on any
occasion when employee grievances are 1. the EXPRESS WILL OR DESIRE of the
being adjusted by the employer and employees (Globe Doctrine);
the desires of all the employees are
2. employer acts strictly within the relevant to the determination of the
terms of this waiver agreement. appropriate bargaining unit. The
relevance of the wishes of the
employees concerning their inclusion
or exclusion from a proposed
ONE-UNION, ONE-COMPANY POLICY - the bargaining unit is inherent in the
proliferation of unions in an employer unit is basic right to self organization
discouraged as a matter of policy unless
there are compelling reasons which would 2. the SUBSTANTIAL AND MUTUALITY
deny a certain class of employees the right to INTEREST factor;
self-organization for purposes of collective
bargaining. 3. prior collective bargaining HISTORY; and
EXCEPTION: 4. EMPLOYMENT STATUS, such as
- supervisory employees who are allowed to a. temporary
form their own unions apart from the rank- b. seasonal, and
and-file employees c. probationary employee
- the policy should yield to the right of
employees to form unions for purposes not
THINGS TO CONSIDER IN
DETERMINING THE COMMUNITY OF B. PURPOSE
INTEREST DOCTRINE: - to determine the sole - to determine
and exclusive the issue of
1. similarity in the scale and manner of bargaining agent of all majority
determining earnings the employees in an representation of
appropriate bargaining all the workers
2. similarity in employment benefits, hours unit for the purpose of in the
of work and other terms and conditions collective bargaining; appropriate
of employment collective
bargaining unit
3. similarity in the kinds of work performed mainly for the
purpose of
4. similarity in the qualifications, skills and determining the
training of the employees administrator of
the CBA when
5. frequency of contract or interchange the contracting
among the employees union suffered
massive
6. common supervision and determination disaffiliation but
of labor-relations policy not for the
purpose of
7. history of previous collective bargaining determining the
bargaining agent
8. desires of the affected employees for purposes of
collective
9. extent of union organization bargaining.
MODES OF CHOOSING THE EXCLUSIVE
BARGAINING UNIT:
ORGANIZED UNORGANIZED
choices results in
a tie;
This presupposes
no less than three
2. EXCEPTIONS TO THE
CONTRACT-BAR RULE:
2. if all choices competing choices.
received the same In this situation, an
number of votes; election is 1. CBA is not registered
In both instances, conducted between 2. CBA deregistered
the NO UNION is the union choices 3. CBA was hastily concluded way ahead of
also a choice receiving the the freedom period
largest and the 4. CBA is incomplete in itself
second largest 5. CBA does not foster industrial peace
number of the valid because of schism
votes cast. 6. CBA was concluded in violation of an
RULES WHICH PREVENT THE HOLDING OF order enjoining the parties from entering
A CERTIFICATION ELECTION [DONC]: into a CBA until the issue of
1. Deadlock bar rule- when there is representation is resolved
a deadlock in collective bargaining and the 7. Petition is filed during the 60-day
same has been submitted to NCMB for freedom period
conciliation and mediation the same bars any
petition or conduct of certification election. SUCCESSOR-IN-INTEREST DOCTRINE –
2. One year bar rule When an employer with an existing CBA is
3. Negotiation bar rule succeeded by another employer, the
4. Contract bar rule successor-in-interest who is a buyer in good
faith has no liability to the employees in
1. CONTRACT-BAR RULE - while a valid and continuing employment and the collective
registered CBA of a fixed duration is bargaining agreement because these
subsisting, the BLR is not allowed to hold an contracts are in personam
election contesting the majority status of the
incumbent union during the five year term of EXCEPT:
the CBA except during the sixty day period a. when the successor-in-interest
immediately prior to the expiration of the expressly assumes the obligation or
CBA. b. the sale is a device to circumvent
the obligation or
REQUIREMENTS IN ORDER TO INVOKE c. the sale or transfer is made in bad
CONTRACT-BAR RULE: faith
where grievance can arise, a -all other disputes including ULP and
grievance machinery bargaining deadlocks
(regardless of name) can be The disputes the parties may submit
established. to a Voluntary Arbitrator can include
In a unionized company, Art. any or all the disputes mentioned in
255 allows an employee, union Art. 217 which otherwise fall under
member or not, to raise a the exclusive jurisdiction of a labor
grievance directly to the arbiter.
employer. Voluntary arbitration may be viewed
as a master procedure to prevent or
ARBITRATION MAY BE INITIATED BY: resolve labor disputes
Age Retirement
60-65 Optional but the
employee must have served at
least 5 years
Non-transferability of benefits (Sec. shall have life insurance, retirement and all
15) other social security protection such as
Such benefits are not transferable and disability, survivorship, separation and
no power of attorney or other document unemployment benefits.
executed by those entitled thereto, in
favor of any agent, attorney or any other COMPUTATION OF SERVICE
person for the collection thereof on their The computation of service for the
behalf shall be recognized, except when purpose of determining the amount of
they are physically unable to collect benefits payable shall be FROM THE DATE OF
personally such benefits. THE ORIGINAL APPOINTMENT/ ELECTION INCLUDING
PERIODS OF SERVICE AT DIFFERENT TIMES UNDER THE
Sources of Fund AUTHORITY OF THE REPUBLIC OF THE PHILIPPINES
1. Collection: AND THOSE THAT MAY BE PRESCRIBED BY THE GSIS
Beginning on the last day of the month IN COORDINATION WITH THE CIVIL SERVICE
when an employee’s compulsory COMMISSION.
coverage takes effect and every month All service credited for retirement,
thereafter during his employment, his resignation or separation for which
employer shall pay the employer’s corresponding benefits have been awarded
contribution and shall deduct and shall be EXCLUDED in the computation of
withhold from such employee’s monthly service in case of reinstatement in the
salary the employees contribution. service of an employer and subsequent
The same time of collection for self- retirement or separation which is
employed compensable.
2. Remittance:
It shall be remitted within the first 10 Definition of Terms
days of each calendar month following
the month for which they are applicable Employer:
or within such time as the Commission The national government, its political
may prescribe. subdivisions, branches, agencies or
For self-employed they shall remit instrumentalities including GOCC’s and
their contributions quarterly on such financial institutions with original
dates and schedules as the Commission charters, the constitutional commissions
may require. and the judiciary
The legal dependent spouse until he/she 1.Collection: The employer shall
remarries report to the GSIS all pertinent
information regarding the employee
Secondary Beneficiary and shall deduct each month from
The dependent parents and subject to the salary or compensation of each
the restrictions on dependent children, employee the contribution payable
the legitimate descendants by him.
2. Remittance: The employer shall
Disability remit directly to the GSIS the
Any loss or impairment of the normal employees and employers
functions of the physical and/or mental contributions within the first ten
faculty of a member which reduces or (10) days of the calendar month
eliminates his/her capacity to continue following the month to which the
with his/her current gainful occupation contributions apply.
or engage in any other gainful 29. Benefits
occupation.
1. SEPARATION BENEFITS (SEC. 11):
Total Disability Separation benefits are given to
Complete incapacity to continue with his the:
present employment or engage in any a. The member resigns or
gainful occupation due to the loss or separates from the service after
impairment of the normal functions of he has rendered at least three
the physical and/or mental faculties of (3) years of service but less than
the member fifteen (15) years or
Permanent Total Disability 1. The member resigns or
Accrues or arises when recovery from separates from office after he
impairment mentioned in Section 2 (Q) has rendered at least fifteen
(defining disability) is medically remote (15) years of service and is
below sixty (60) years of age at
Temporary Total Disability the time of resignation or
Accrues or arises when impaired physical separation.
and/or mental faculties can be
rehabilitated and/or restored to their Separation benefits likewise include:
normal functions
UNEMPLOYMENT OR INVOLUNTARY
Permanent Partial Disability SEPARATION BENEFITS (Sec. 12):
Accrues or arises upon the irrevocable shall be paid to a permanent
loss or impairment of certain portion/s employee who is involuntarily
of the physical faculties, despite which separated from the service due to
the member is able to pursue a gainful the abolition of his office or position
occupation. usually resulting from reorganization
PROVIDED that he has been paying
Sources of Fund integrated contributions for at least
one (1) year prior to contributions.
Contributions
1. It shall be mandatory for the
member and the employer to pay
30. RETIREMENT BENEFITS:
the monthly contributions.
Conditions for entitlement (Sec. 13-
2. The employer shall include in its
A):
annual appropriation the necessary
Member has rendered at least 15
amounts for its share of the
years of service
contributions indicated above PLUS
He is at least 60 years of age at the
any additional premiums that may
time of retirement
be required on account of the
He is not receiving a monthly
hazards or risks of its employees
pension benefit from permanent
occupation.
total disability
3. Failure to do so shall subject the
employers to penal or administrative
2. PERMANENT DISABILITY BENEFITS
sanctions.
General Conditions for Entitlement
(Sec. 15):
Collection and Remittance
6. FUNERAL BENEFITS:
PRESCRIPTION OF CLAIMS
Claims for benefits under the Act except
for life and retirement shall prescribe AFTER
4 YEARS FROM THE DATE OF THE
CONTINGENCY.
JURISDICTION
GSIS shall have the exclusive and
original jurisdiction to settle any dispute