CAS100

Labor Laws MTh 11:30-130 pm

Group 4

Title VII Collective Bargaining and Administration of Agreement

Article 261 [250] – 272 [259]

Group members: Palmito, Honey May Grace

Papat-iw, Jyvi Roodh
Pedro, Grace
Pinasen, Hernan
Pronton, Mary Grace
Ramos, Hannah
Ramos, Yna Cecille Grace
Reinoso, Julliane
Reynoso, Le Ann
Sibonga, Francis Joshua
Soriano, Joshua James
Tusnoy, Crenzel Jade
Wa-ay, Christal Amgel

29 March 2021
 Labor Code Summary Explanation through examples
Provisions
Article 261. This article provides the With the main issue that whether
[250] procedure when a party there was sufficient cause for the
Procedure in desires to enter an agreement. dismissal of a rank-and-file
Collective It is through a written notice employee effectuated through the
Bargaining which the other party shall enforcement of a closed-shop
make its reply to this notice. provision in the Collective
However, when disputes arise, Bargaining Agreement (CBA)
either party can call a between the employer and the
conference, but when cannot union. The Voluntary Arbitrators
still settle the said dispute, which have jurisdiction to hear the
Board can intervene with the claim. The Labor Arbiter correctly
issuance of subpoenas refused to exercise jurisdiction over
requiring the attendance of Del Monte's cross-claim, and the
both parties, whereas both Court of Appeals would have no
party responsibility to basis had it acted differently. (DEL
participate to the conciliation MONTE PHILIPPINES, INC. and
meeting. WARFREDO C. BALANDRA G.R. No.
158620 October 11, 2006)
Article 262 In the case, G.R. No. L-2517, August
[251] Duty to A person or authority will 17, 1967 between the National
bargain bargain the rights of the Brewery and Allied Industries Labor
collectively in employees in the absence of Union (PAFLU) vs. San Miguel
the absence of collective bargaining Corporation and the Philippine
collective agreement. Banking Corporation. PAFLU is the
bargaining collective bargaining
agreements representative of the workers of the
San Miguel Corporation; that in the
biennial election of petitioner's
officers held on November 7, 1963,
under the collective bargaining
agreement between petitioner
and the San Miguel Corporation
the latter "will make payroll
deductions of dues and
assessments of members of the
union" and "All deductions made
by the Company will be remitted to
the treasurer of the Union within a
reasonable time after each
payday". The arbitrator rendered a
decision declaring that Antonio
Santos (President) and Bonifacio
Flores (National Treasurer), among
others, "are the elected officers
and members of the National
Council of the respondent Union for
the years 1964-1965 and therefore
the lawful party to have
administered the collective
bargaining contract, 1962-1965".

Article 263 It is a mutual obligation to meet It is an obligation of parties, for

[252] Meaning and convene promptly and example, Tech Company and its
of Duty to expeditiously in good faith. employees, to bargain together in
Bargain good faith concerning the
Collectively meaning of the contract, as it is
 codified in this Article. Moreover,
with the Philippines’ current
situation because of Covid-19,
both parties must negotiate
together whether a pandemic
exists. Workplace conditions and in
this age of times have significantly
increased, and collective
bargaining is necessary in such
times. It will take a while for our
chaotic times to become stable
again. Still, we must all be ready to
work together to make the most of
this interim period by exchanging
goods and services.

Article 264 Both parties involved have the This article would mean and
[253] Duty to same right in negotiating nor relatable today especially when
Bargain modifying such agreement with companies that already had a CBA
Collectively a given duration if there will be and due to the pandemic
When There anomalies that will occur, but economic difficulties arose there
Exist a then both of the parties are also could be a modifying of
Collective responsible in complying with agreements but then they should
Bargaining the terms and conditions being still continue the terms and
Agreement agreed upon during the conditions of said contract until
negotiation period. new contract will be agreed upon
by both parties.

Article 265 Representation aspect - Managements that already have

[253-A] Terms pertains to the five (5) years existing Collective Bargaining
of a Collective duration of the Collective Agreements during this time of
Bargaining Bargaining Agreement. pandemic, where unexpected
Agreement Contract bar rule: no petition limitations in operation and labor
questioning the majority status may arise due to quarantines and
of the incumbent bargaining lockdowns, be more likely to ask for
agent shall be entertained and renegotiation or a new CBA.
no certification election shall However, they must follow the rules
be conducted by the DOLE as to when exactly they are to file a
outside the 60-day period certification election.
immediately before the date of
expiry of such 5-year term of the
CBA.
60-day period: also known as
the “freedom period”
The only time within which a
petition for certification
election may be filed.
Certification Election- the
process of determining through
secret ballot the sole and
exclusive bargaining agent
(SEBA) of all the employees in
an appropriate bargaining unit
for the purpose of collective
bargaining.
Article 266 Injunction prohibited basically
[254] Injunction means that any court or other
Prohibited entity such as the NLRC cannot
interfere or to obstruct labor
disputes. It is only between the
employer and the employee.
Unless if there is a crime
committed or otherwise
provided in Articles 218 and
264. It has been the policy of
the State to encourage the
parties to use the non-judicial
process of negotiation and
compromise, mediation and
arbitration. Thus, injunctions
may be issued only in cases of
extreme necessity based on
legal grounds clearly
established, after due
consultations or hearing and
when all efforts at conciliation
are exhausted. (Philippine
Airlines, Inc. vs. National Labor
Relations Commission)
Article 267 If the employees entering into a
[255] Exclusive collective bargaining
Bargaining agreement cannot afford legal
Representation assistance, should be
and Workers’ represented by the labor
Representation organization selected by the
in Policy and employee, adding to that the
Decision- employees can also present
Making their grievances to the
employers and can take part in
the decision making if it will
affect their rights, benefits and
welfare.
Article 268 In organized establishments,
[256] when a verified petition
Representation questioning the majority status
Issue in of the incumbent bargaining
Organized agent must be filed by any
Establishments legitimate labor organization
It must be filed to the
Department of Labor and
Employment and the filing of
petition must be within the sixty
(60) day period before the
expiration of the collective
bargaining agreement (CBA)
the petition should be verified
and supported by the written
consent of at least twenty-five-
percent (25%) of all the
employees in the bargaining
An Injunction cannot be used
against the employees but can be
used against the employers. For
example, the employer illegally
dismisses the employees, the
employees can go to the NLRC to
file their complaint and entertain
an action for injunction and issue
such writ enjoining the employer
from enforcing its orders of dismissal
against the employees.
Further, at this time of the
pandemic, a lot of
employees/workers have been
removed from their job, it is the right
of the employees to claim their
termination benefits and use the
process of negotiation,
compromise, mediation, and
arbitration. No preliminary or
permanent injunction or temporary
restraining order may be issued by
any court, tribunal or other entity
against the employees.
For instance, when an employee
failed to comply with the demands
of his employer and not given the
chance to listen to their grievances
resulting in a disagreement and
cannot afford a legal assistance,
their labor organizations would
represent them.
In order to win in a certification
election, we need to double
majority the election 1st/ Simple
Majority. So, what if they failed to
passed the 1st majority since there
are less than 51 votes.? Then the
Med-Arbiter would declare a
failure of election because the
failure of the majority to cast their
vote in a certificate election or
consent election.
Let's say again you have 100
employees in a bargaining unit,
meaning 50% + 1 so there must be
51 employees who voted. So, if 51
of the members voted that means
you passed the 1st majority No
union is always a choice because
 unit. After verification of the
petition the Med-Arbiter also
known as Election officer shall
automatically order an election
by secret ballot. The labor union
receiving the majority of the
valid votes cast shall be verified
as the exclusive bargaining
agent of all the workers in the
unit. If a failure of election
occurred, a run-off election
shall be conducted. It will be
between the labor unions
receiving the two highest
number of votes.
Article 269 When any establishment does
[257] Petition in not have a certified bargaining
Unorganized agent, the Med-Arbiter can
Establishments automatically conduct a one,
certification election, when any
legitimate labor organization is
to file a petition, as long as a
charter certificate is issued in
either the organization’s local
chapter or the national union or
federation. When filing the
petition, it is not required to
disclose all the names of all the
officers or members.
Article 270 An employer can petition for an
[258] When an election if there is a request to
Employer may bargain collectively, this refers
File Petition to all negotiations and
agreements of the employer
and employee. However, if
there is no existing collective
bargaining argreement (CBA)
the bureau shall order a
certification election which
determines the sole and
exclusive bargaining agent
(SEBA) through secret ballot.
The employer may file a
petition for certification
election with the Regional
Office. The certification shall be
decided within twenty days in
obedience to the rules and
regulation prescribed by the
Secretary of Labor. However,
The employer shall not be
considered a party to a petition
for certification election,
whether it is filed by an
the right to join includes the right
not to join a union. If there are less
than 51 votes the Med-Arbiter
would declare a failure of election
because the failure of the majority
to cast their vote in a certificate
election or consent election.
In cases where the petition was
filed by a national union or
federation, it shall not be required
to disclose the names of local
chapter’s officers and members.
Since a collective bargaining
agreement protects employees via
their unions, if they do not acquire
they are deemed
unorganized establishments. With
the boom of young or start-up
companies, they must abide with
such and properly agree with CBAs
for their employees and the unions
they are under.
As unorganized establishments do
not have a Certified Bargaining
Agent to represent them and due
to the impact of the Covid-19,
online filing of petitions can be
held.
The pandemic had been used as
excuse to cut costs and further
labor flexibility. DOLE had allowed
employers to negotiate new terms
of work, may it be negative or not
towards employees. Employers
taking advantage of the
pandemic. Normally an
agreement must be agreed by
both parties. However, since a lot of
laborers are in need of finance,
they will accept any negotiations
to enable them to survive this
pandemic.
 employer or a legitimate labor
organization, and shall have no
right to oppose it. Its
participation shall be limited
only to being notified or
informed of petition for
certification election and
submitting the certified list of
employees or where necessary,
the payrolls.
Article 271 Even the certification election is
[258-A] filed by the employer or a
Employer as legitimate labor organization,
Bystander they do not have the rights to
oppose any filing of
certification election.
Article 272 Any party who may seem to
[259] Appeal have violated a law on the
from election that was determined
Certification by the med arbiter can directly
Election Orders be filed a case to the Secretary
of Labor and employment.
These violations and conflicts
may either be nonagricultural
or agricultural, depending on
what arises. Secretary of labor
and employment must also
play its role and subject its
authority to mend any cases
that will arise if this affects the
labor management. This will
take place within 15 days. The
15-working day deadline,
however, shall not apply to
cases involving deadlocks in
collective bargaining which the
Bureau shall certify to the
appropriate Labor Arbiters only
after all possibilities of voluntary
settlement shall have been
tried.”. Only if the rules and
regulations that are claimed to
be violated are according to
the provisions of the Secretary
of labor and employment. This
article was amended by the
republic act no 6715 where it
discusses the rights of the
employees and employers. It
also aims to strengthen the
A registered organization has filed
for a certification election, for the
purpose of collective bargaining,
the employer of the members
within the organization cannot be
an active party unless with legal
ground (1997 case of Toyota Motor
Philippines Corp. vs. Toyota Motor
Philippines Corporation Labor
Union)
Amid the Coronavirus domination
over the physical interaction in the
workplace, there are a lot of
people who were restricted to be
physically present in their
departments. Instead, they are
advised to be working from home
also to lessen the spread of the said
virus. However, some jobs require
the physical presence expected
from their employees. Hence,
compelling them to be at work
physically despite the threat of
Covid 19. As a result, some
employees are forced to absent
themselves from work due to fear of
the said virus. Employers on the
other hand punish the employees
who make themselves absent.
Labor Secretary Silvestre Bello III
nonetheless strongly recommends
workers to complain if in any case,
they were subjected to the case.
Since the current pandemic is not
just a simple problem to be solved
by simple solutions. The health of
the workers as the priority is anyway
a part of the Labor Code and must
be followed in any way.
 employee's rights to join
organizations as long as it will
not violate any of the
management prerogatives.

Discussion of 3 current issues

1. There is uprising news about the discrimination of HIV positive in their workplace.
The Philippine government nonetheless is trying to effectively enact the law
defending HIV/AIDS positive to live their own lives as normal people are doing.
However, there are still a lot of patients with the said disease who are afraid to
consult for justice despite them being discriminated against. Kevin, a former call
center agent said to have been forced to resign from the company he worked
for because of being diagnosed with HIV. Aside from the stolen right of being
employed, he was also paid off by the benefits he should have. Asked by the
Human Rights Watched, Kevin stated that he is afraid to speak up despite
having the right to do so due to fear of being judged as HIV-positive and may
prevent future employment.
With this kind of situation of employee, with the means of collective bargaining
agreement, employer would have the responsibility to respond employees’
situation unless not stated to the provided collective bargaining agreement.

2. At this midst of pandemic, it brought a negative impact on Nexperia Philippines’

business which has been bargaining with the company management with the
assistance of Metal Workers Alliance of the Philippines (MWAP). The Nexperia
Workers’s Union has voluntarily reduced its remaining number of demands from
ten to seven but despite the show of good faith, the management was still
managed to agree to virtual negotiations after several union protests. Nexperia
Philippines have achieved a breakthrough in their collective bargaining after
hundreds of workers held a silent protest. And although it is fell short of the
union’s expectations, the union and the company managed to end the
deadlock and sign a CBA for 2021-2023 with a significant increase in wages and
benefits compared to Nexperia’s initial offer.
The meaningful CBA dominated and pandemic was not even succeeded to
use to this pandemic as an excuse to sacrifice the chances of employees.
3. Arcya Glass is a factory in an industrial estate in Calamba, Laguna. 200 workers
about a dozen of whom are women dismissed by Arcya Glass allege union-
busting & call for reinstatement and new collective bargaining agreement.
Further, workers are accusing the company of union busting as the factory
continues to operate with a reduced workforce. Likewise, the Arcya Glass
Employees Union, the sole and exclusive bargaining agent for the workers,
believes that the company is feigning closure as a way to replace regular
workers with contractual employees who will work for less wages and benefits.
Arcya Glass union has set-up a picketline at the factory gates to protest the
illegal closure and union busting. The workers are demanding the reopening of
the factory, the reinstatement of the fired workers and the opening of
negotiations for a new collective bargaining agreement. This would show the
assistance of union when workers especially with this bunch of 200 workers being
dismissed cannot afford legal assistance.
REFERENCES:

Caluja, E. T. (2004). Collective Bargaining in Non-unionized Establishments is Fast-Tracked.

InternationalLaw Office.
Retrieved March 25, 2020 from https://www.internationallawoffice.com

Manahan, J. (2020). ABS-CBN news. DOH to Health Workers: File a Complaint to us if

Unpaid, Benefits Delayed.

Retrieved March 27, 2021 from https://www.google.com/amp/s/news.abs-

cbn.com/amp/news

Unknown. February 2021. Philippines: Discrimination Against Workers with HIV. Hrw.org.

Retrieved from https://www.google.com/philippines-discrimination-against-

workers

Republic of the Philippines, Bureau of Labor Relations. Certification Election

Retrieved March 28, 2021 from https://blr.dole.gov.ph/2014/12/11/certification-

election/

Patino, F. (2021, January 26). DOLE says no minimum wage hike petitions yet.

Retrieved March 28, 2021 from https://www.pna.gov.ph/articles/1128892

Industrial Global Union (2020) Nexperia workers win collective bargaining after protest.

Retrieved March 28, 2021 from http://www.industriall-union.org/nexperia-workers-

win-collective-bargaining-after-protests

Juan M. (2020) 200 Workers dismissed by Arcya Glass.

Retrieved March 28, 2021 from https://www.business-humanrights.org