POLICY AND DEFINITION

● Labor Standard
- Minimum terms and conditions of employment to which employees are legally entitled and with which
employers must comply.
Minimum terms and conditions → Salary, Work hours, and employment benefit.Ex. Minimum wages, 8
hours of work, Rest day etc.

● Labor Relation
- Interaction between employer and employees of their representatives and mechanism by which the
standards and other terms and conditions of employment are negotiated, adjusted and enforced

Article 218. Declaration of policy

● A. Policy of the State
○ Promote: free collective bargaining and negotiations, voluntary arbitration, mediation, and
conciliation.
○ Promote: Free trade unionism as an instrument
○ Foster: free and voluntary org
○ Promote: Enlightenment of workers concerning their right and obligations as union members
○ Provide: Adequate administrative machinery for settlement and dispute
○ Ensure: Stable, dynamic & just industrial peace
○ Ensure: Participation of workers in decision, policy-making affecting them.
● B. To encourage democratic method of regulating the regulations
○ Agreement freely entered into through collective bargaining
○ No court/administrative agency/official has power to fix wages, rates pay, hours of work or other
terms and conditions of employment.
○ except otherwise provided under this code

Definitions:

● Commission → NLRC
National Labor Relations Commission or any of its divisions
- As the case may be, as provided under this code

● Bureau → BLR/LRD
Bureau of Labor Relations and/or the labor Relations Divisions
- In regional offices under Presidential Decree no. 1 in the Department labor

● Board → NCMB
National Conciliation and Mediation Board
- established under executive order no. 126

● Council
Tripartite Voluntary Arbitration Advisory Council
- established under exe. order no. 126, as amended

● Employer
any person acting in the interest of an employer [Directly or indirectly]
- not include any labor org or any of its officers/agents when acting as employer

● Employee
Any person in the employ of an employer
- not be limited to employees of a particular employer, unless this code so explicitly states
- Include any individual who was terminated as a result of or in connection with any current labor.
- Any unfair labor practice if he has not obtained any other substantially equivalent and regular
employment
● Labor Org
- any union or association of employees which exits in whole or in part for the purpose of collective
bargaining or of dealing with employers concerning terms and conditions of employment

● Legitimate Labor Org

- labor organization that is duly registered with the department of labor and employment.

● Company union
- any labor organization whose information, function or administration has been assisted by any act
defined as unfair labor practice by this code

● Labor dispute
- controversy or matter concerning terms or conditions of employment or the association or
representation of persons in negotiating, fixing, maintaining, changing or arranging the terms and
conditions of employment. Disputants stand in the proximate relation of employer and employee
- Even the question of employer-employee relationship considered a Labor dispute
- Ex. An employee asking to be regular even if she/he is just a job order.

● Managerial Employee
-Power to hire, transfer, suspend, lay-off, recall, discharge or discipline employees one who is vested
with powers prerogatives to lay down and execute management policies

● Supervisory employees
- Has a power but just limited in recommending who is in the interest of the employer, effectively
recommend such managerial actions if the exercise of such authority is not merely routinary or clerical
in nature but requires the use of independent judgment

● Rank and file employees

- All employees not falling within any of the above definitions

● Voluntary Arbitration
- just like court hiring and proceeding but not in the exact court, not strict in terms of proceeding

● Voluntary Arbitrator
○ who will stand as a judge in voluntary arbitration
○ any person accredited by the board
○ any person named or designated in collective bargaining agreement by the parties to as as their
voluntary arbitrator
○ one chosen with/without the assist of NCMB pursuant to selection agreed upon in collective
bargaining agreement
○ official who is authorized by the secretary of labor and employment upon the written request and
agreement of the parties in labor dispute

● Strike

○ temporary stoppage of work concerted action of employees as result of an labor dispute

● Lockout

○ temporary refusal of an employer to furnish work as a result of dispute

● Internal union dispute

○ all disputes or grievances arising from any violation of or disagreement over any provision of the
constitution and by-laws of a union. any violation of the rights and conditions of union
membership provided in this code.

○ a conflict between employees within the union

Post-Employment

● Right to security of tenure - whole of back bone why we can’t easily terminate employees most
guarded right and benefit that regular employee enjoyed means that a regular employee shall remain
employed unless his or her services are terminated for just or authorized cause and after observance of
proceed due process (mostly tied for regular employee only)

Just causes - acts attributable to employee’s own fault or negligence, done something suction by law

+ Serious misconduct - There must be: [grave and aggravated character] [relate to the performance of
the employee’s duties] [employees becomes unfit to continue working for the employer]

+ Willful disobedience - There must be: [disobedience or insubordination] [willful or intentional

characterized by a wrongful and perverse attitude] [order violated must be reasonable, lawful, and
made known to the employee] [order must pertain to the duties which he has been engaged to
discharge]

+ Gross and habitual neglect of duties - Must be: [happen more than one or 2 time2] [Neglect of duty]
[Gross and habitual in character] [should have a heavy gravity]

+ Fraud or breach of trust - There must be: [an act, omission or concealment involves a breach of legal
duty, trust or confidence justly reposed] [omitted to commit an act against the employer or his/her
representative] [connection with employee’s work]

+ Loss of confidence - There must be: [an act, omission or concealment justifies the loss of trust and
confidence of the employer to the employee] [employee concerned must be holding a position of trust
and confidence] [loss of trust and confidence should not be simulated] [should not be used for causes
which are improper, illegal, or unjustified] [be genuine and not mere afterthought to justify an early
action taken in bad faith]

+ Commission of crime or offense against the employer, his family or representative, other similar
cases. - There must be: [act or omission punishable/prohibited by law] [committed by the employee
against the person of the employer, any immediate of his/her family, or his/her duly authorized
representative]

+ Analogous causes - There must be; [act, omission similar to those specified just causes] [voluntary
and/or willful on the part of the employees] [no act or omission shall be considered as an analogous
case unless expressly specified in the company rules and regulations and policies]

Authorized causes - causes initiated by employer because something has happen within the
management of the company which is no choice, unlawful grounds for termination which doesn’t arise
from fault or negligence of the employee

+ Installation of labor-saving devices - company has replace human hands with machinery (for more
economical and efficient)
requirements: must be done in good faith, must be valid and let them with no choice, applies (first in
last out)

+ Redundancy - an event where service of the employees has exceeded the reasonably demanded
actual requirement of the enterprise.
requirements: good faith, fair and reasonable criteria, adequate proof redundancy, one-month prior
notice

+ Retrenchment to prevent losses - companies are in the break-off failure, the only way for the
company to survive. more on operational management of the employer, for economic ground purposes.
requirements: losses, actual losses must be proved by sufficient and convincing evidence, must be in
good faith
 + Closure and cessation of business - closing must not for the purpose of circumventing pertinent
provisions of the labor code,
requirement: decision to cease operation, good faith, no other option but to close

+ Disease/illness - it unfortunate in the side of employee which detrimental to the side of the company
requirements: must be suffering from any disease, prohibition of law for his/her to continue with that
illness, disease is incurable within a period of six months even with proper medical treatment

Procedure - due process must be substantive and procedural, must follow actual process to terminate
requirements: Written notice of the workers and the ministry of labor and employment at least 1 month
before the intended date

● Constructive Dismissal - the employer didn’t terminate the employee right away no service termination
but the employer has created a condition which has made the continued employment of the employee
unreasonable, unlikely and impossible.

● Floating Status - allowed provided it is permitted under circumstances for a period of not more than 6
months

● Quitclaims - valid provided that these are voluntarily signed and the consideration is reasonable

Collective Bargaining and Administration of Agreements

Concept of Collective Bargaining

● Performance of mutual obligation to meet and confer promptly.
● for the purpose of negotiating an agreement with respect to wages, working time and all other terms
and conditions of employment including proposals for adjusting any grievances [could it be through
arbitration or grievance machinery]

Collective Bargaining Agreement (CBA)

● refers to a contract executed upon request of either the employer of the exclusive bargaining
representative of the employees

Philosophy behind CB
● To discourage the evil schemes of employers on terms and condition of employment
● Its objective is to equalize the bargaining power of employers and employees. Worker bargain with their
employer as a group rather than as an individual employee

CBA, a law between the parties

Doctrine of law of the plant

● CBA being the law between the parties compliance therewith is mandated by the express policy of the
law
● It is the fundamental charter of the terms and conditions of the relationship between the employer and
the union

Procedures/steps in collective bargaining

● must be an employer-employee relationship for the duty to bargain collectively to arise.

Doctrine of union monopoly

● once a labor union is chosen as the certified collective bargaining agency in the bargaining unit through
the machineries of SEBA (sole and exclusive bargaining agent) it become the sole representative of the
employees in respect to collective bargaining with the employer
● It alone can collectively bargain with the management to the exclusion of other competing unions

Standard followed in collective bargaining

 1. Obligation to bargain collectively is mutual, union and employer are required to bargain without any
intent of deception
2. Parties are required to meet and confer promptly and expeditiously and in good faith
3. parties are required to bargain reasonable terms and condition of employment
4. must execute a contract incorporating the agreement reached by the parties
5. Duty to bargain does not compel any party to agree to a proposal or to make any concession (Art. 263,
Labor Code

Procedures/steps in CB
1. Preliminary process - serving a written notice, another party is required to reply (counter-bargaining
proposals) not later than 10 days upon receipt of such notice (Art. 261, Labor Code)
2. Negotiation - conducted not later than 10 days from the date of request for conference
3. Execution - signing and execution of the CBA
4. Publication - Posting a copy of a newly concluded CBA in at least 2 days conspicuous places in the
company
5. Ratification - ratification of the new CBA by at least a majority of the members of the bargaining unit
6. Registration - 5 copies of the CBA should be submitted with other documentary requirements
7. Administration - joint administration of the CBA by the employer and bargaining agent during the
lifetime (Art. 264, Labor code)

Contract-bar rule 60 day freedom period

● Existence of collective bargaining agreement duly certified by the Bureau of Labor Relations serves as
a bar to the filing of a petition for certification election except within the freedom period 60 days prior to
the expiry of the agreement.

○ Certification election - election to determine the duly authorized representative of the employee

○ CBA has a 5 years term as far as the representation aspect, workers can negotiate on other
provisions of the CBA not later than 3 years after its execution.

Representation aspect

● refers to the identity and majority status of the union that negotiated the CBA as the exclusive
bargaining agent of appropriate bargaining unit

Substitutionary Doctrine

● rule that where the collective bargaining agent is changed during the lifetime of an agreement, new
agent takes the place of the old and administers the agreement which subsists in spite of the change in
representation

CBA benefits extend to non-union members including who do not belong to the chosen bargaining labor
organization but they will be deducted to union dues
Deadlock in CBA renegotiation

Deadlock - synonymous with impasse or a standstill [both parties couldn’t mutually agree to terms and
conditions for CBA] which presupposed reasonable effort at good faith bargaining but despite noble intentions
does not conclude an agreement between the parties.

In case of a deadlock parties may exercise the following:

1. Call upon the NCMB to intervene
2. Refer the matter for voluntary arbitration or compulsory arbitration
3. Declare a strike or lockout [upon legal req]. This is the remedy of last resort

4 way test in determining an appropriate collective bargaining unit

a.) Globe Election Doctrine - considering express will or desire of the employees test.
b.) Community or mutuality of interest test - community of interest is reflected in groups having similarity of
employment status, substantial similarity of work, duties and responsibilities
c.) Prior collective bargaining history test - principle puts premium to the prior bargaining history and affinity of
the employees in determining the appropriate bargaining unit
d.) Similarity of employment status test - another important test in the determination of which employees shall
be included or excluded from a proposed bargaining unit

General rule: One union in one company

ex. One labor union for rank and file, one for supervisory, one for security guard department etc.

[there should one union that represent all the union in the company]

Certification election - process of determining through secret ballot, sole and exclusive bargaining agent of the
employer.

Who may file a petition for a certification election?

answer: Any legitimate labor organization

Petition for certification election should be supported by written consent of at least 25% of all the employees in
the appropriate bargaining unit.

Purpose: show that the petitioning union represents a group of employees of the company who have
substantial interest in the election.

Employers can file a petition for certification election when requested to bargain collectively in a bargaining unit
where no registered collective bargaining agreement exists.

Right to Unionize & Unfair Labor Practice

Art III. Section 8, 1987 Constitution

● Right of the people, including those employed in the public and private sectors to form unions
associations or societies for purposes not contrary to law shall not be abridged

Executive Order 180, June 1, 1987

● Providing guidelines for the exercise of the right to organize of government employees, creating, a
public sector, labor-management council and for other purposes
○ Examples are the Armed Forces of the Philippines, Philippines National Police, Bureau of Jail
Management and Penology, Bureau of protection or any uniform service.
○ But Rank and file employees are exempted
The Right to unionize does not included the right to strike
! Civil service employee are prohibited to strike

Rules and regulations implementing executive order no. 180

● terms and conditions of employment in the government including any political subdivision or
instrumentality thereof and government-owned and controlled corporations with original charters and
are governed by law.
○ employees therein shall not strike for the purpose of securing changes thereof.
Public school teachers have no right to strike Employees members of Cooperatives have no right
to unionize Security guards can strike but only and limited to their agency and not to the
establishment they are working for.
● It is considered an insurrection against public authority, in the light of the doctrine of state Sovereignty

● The object of the prohibition is to maintain the independence and neutrality of civil servants

Security and other personnel employed by the security service contractor shall have the right to form, join, or
assist in the formation of a labor organization of their own choosing for the purpose of collective bargaining and
to engage in concerted activities which are not contrary to law including the right to strike.
Managerial Employees
● Customarily and regularly direct the work of two or more employees therein:
● They authority to hire or fire, and they represent the management so they have not right to utilize
Supervisory
● They are the one, in the interest, effectively recommend such managerial actions
● have the right to unionize provided they don’t join rand & file union
Supervisory employee is considered manager in labor standard law but in labor relations law
supervisory is supervisory not manager, as they only recommend.

Unfair Labor Practice

● any act of an employer, his representative and agents and any labor union its officer and member which
affects the right of any employee to self-organization.
● There should be no dispute that all the prohibited acts constituting unfair labor practice in essence
related to the workers right to self-organization
○ No matter how unfair it is if it has no relation to the right of the employee to unionize do not call
it unfair labor practice.
To look for it, use Totality test
● to determine whether an act of unfair labor or practice was committed, totality of the circumstances
must be considered.
If the unfair treatment does not relate to or affects the worker’s right to self-organize, it cannot be
deemed unfair labor practice

Dismissal or Union Officers - NOT ULP

● dismissal of a union officer is not necessarily discriminatory , especially when that officer committed an
act of misconduct
● Union officer are held to higher standards
Not every unfair act or decision constitutes unfair labor practice.

Aspects of ULP
● Civil Aspects - committed by the officers and agents of the employers or officers and agents of the labor
organization
○ cognizable and falls within the jurisdiction of the labor arbiter
○ quantum of proof required is only substantial evidence and the prescriptive period is one year
from the accrual of ULP
○ General principle - The one who makes an allegation has the burden of proving it
■ There are exceptions to this rule. In ULP the alleged party has the burden of proving
such ULP.
● Criminal Aspect - committed by the agents and officers of the employer who participated authorized
and/or ratified act
○ Falls within the jurisdiction of the regular trial court, quantum of proof required is beyond
reasonable doubt, prescriptive period one year from the accrual of the act of ULP
○ criminal proceeding is suspended once the civil or administrative aspect is filed, only continue
once the administrative case has attained finality
○ Final judgment in administrative proceeding finding ULP is prerequisite in filing of the criminal
case for ULP
○ ULP are violative of the constitutional right of workers to self-organize
It is important to have first the findings and final judgment from the labor arbiter that ULP is indeed
committed by the employer or union before you can file criminal charges for ULP, that’s why it's
rare for the employees to file this kind of aspect because by this situation if ULP was really present
employees resulted to strike

Article 303, Labor code

● Violation of the provision of this code declared to be unlawful and penal shall be punished:
○ 1,000 fine nor 10,000
○ Imprisonment of not less the months nor more the 3 year
○ or both fine and imprisonment by discretion of the court
○ to any alien found guilty, must be deported upon completion of service sentence.

Example of Unfair Labor Practice committed by employer

 ● Yellow Dog Contract - [Void undertaking] an undertaking by the employees that as a condition for
employment they will not join, assist, form or even attempt to foster a union for the duration of their
employment with the employer.
● Company or Yellow union - [Company unions are contrary to international labor law] a worker
organization which is dominated or influenced by an employer, therefore not an independent trade
union.
● Run-away shop - [Relocation motivated by merely anti-union reasons] where in the employer moves its
business to another location or it temporarily closes its business for anti-union purposes
○ Industrial plant moved by its owners from one location to another to escape labor regulation or
state laws.

Strikes and Lockouts and Foreign involvement in trade union activities

Nature of industrial disputes

● There is inevitably an inherent disharmony, aspect of labor relations that should be avoided [conflicts is
sometime unavoidable]

● Disharmony may erupt into full-blown conflict that may bring disastrous consequences

Various facets of public interest in industrial disputes include:

a.) Inconvenience to public
b.) Threat to public health and safety
c.) Damage to local or national economy
d.) Injury to the defense program
e.) Ill-effect on the country’s prestige and foreign policy

Concerted Activity
● joint undertaking of workers designed to secure better terms and conditions of employment through the
machinery of collective bargaining and negotiations for their mutual benefits and protection

● objective: to collectively present their sentiment and demands, organize themselves and to have
concerted activity for the presentation against their employer.
Strike
● Any temporary stoppage of work by the concerted action of employees as a result of any industrial or
labor dispute

● include slow-downs, sit-ins or sit-downs, mass leaves, group demonstrations or any other group or
concerted action. any directed against an employer that attempts to damage, destroy and sabotage.

● stoppage of work must be temporary

Purpose: To put economic pressure upon the employer

Mass resignation is not a strike because it has a purpose of permanently terminate employment
relationship

Kinds of strike
● Authorized - called upon or approved by the majority of the union membership

● Unauthorized - called without the majority approval of the union members in the bargaining unit [didn’t
go into process of recognition]

● General - wide coverage, most extensive type covers large part of the country
 ○ Example: Welga ng Bayan a nature of a general strike

● Particular - limited in scope, covers only particular plant or single occupation

○ Example: Jeepney strike, strike of Lucio tan group

● Quickie - closely related to slow down strike, impromptu, brief work stoppage for a period of few
minutes of hours.

○ Slowdown - without complete stoppage of work, retard production, duties and functions. Strike
that is on installment

■ Example: intentionally not reaching production quota

● Sit-down - similar to quickie, workers remain in the plant but refuse to work and their machines and tool
remain idle

○ Example: pa-upo upo lng during working hours

● Ordinary - common kind of strike, involves a withdrawal on the part workers from their place of
employment

○ Ex. usually use placards and camp outside the establishment

● Sympathetic - Carried on by workers in sympathy to another group.

○ one plant within business group, ex. dairy production does the strike, other production such
beverage etc. would join them

● Legal - purpose or purposes are legal and means used in the course of the strike are legal, strike is
legal

● Illegal - prohibited strike, one in no-strike in vital industries already have injunction, restraining order
prohibiting the employee to declare strike.

● Strike for unfair labor practice - stage as a result of the employer’s or union’s unfair labor practice.

○ arises out of violation of the right of workers to self organization

● Economic - To demand economic concessions or to force wage from employer

○ involves issues relating demand for higher wages, higher pension, overtime rates, pensions,
profit sharing etc. [mostly demands the betterment of labor benefits and conditions]

● Temporary (concise) stoppage of work - unlawful concerted activity

○ involves unscheduled union meetings, resulted union members were compelled to withdraw
from performing their productive work

● Union recognition strike - designed to compel the employer to recognize one’s union as the employees’
bargaining agent to work out
 ● Lighting strike - sudden stoppage or work by the concerted action of the workers without compliance
with requirements. concerted activity is unwarranted hence illegal (equivalent of wild cat)

Strike or lockouts may be declared in cases of bargaining deadlock and ULP, following the
instances when no strike or lockout may be declared.

a) Violation of collective bargaining agreements except flagrant and malicious refusal to comply with economic
provisions

b.) on ground involving inter-union [matter of representation issue recognition between 2 unions] and intra
union dispute [issue and dispute in respect of membership and issue within the union] without first having filed
a notice to strike or lockouts or vote.

c.) after assumptions of jurisdiction by the secretary of DOLE

Any certified or duly recognized bargaining representative may declare a strike. Employers may
declare a lockout in the same cases.

Procedural requirements for lawful strike or lockouts

1. Must be based on a valid and factual ground

2. Must be approved by a majority of the total membership of the union or member of the board of
directors of the corporation or association obtained by secret ballot in a meeting called for the purpose.

3. Strike or lockout notice shall be filed with the NCMB at least 15 days from the intended date, if issues
raise are ULP at least 30 days from the intended date, if the issues involves bargaining deadlock

● Failure of union to serve copy of strike notice is violation of due process

1. Compliance with the 24 hours prior notice rule on strike voting [giving sufficient time of voting for the
members]

2. Strike or lockout Vote shall be reported to NCMB-DOLE regional Branch at least 7 days before the
intended strike or lockout subject to the cooling-off period.

Cooling-off period [15 or 30 days requirement] to afford the parties the opportunity to resolve the
disputes with the assistance of NCMB conciliator/Mediator.

In case of Union Busting, time requirement for the filing of the notice of Strike shall be dispensed with but the
strike vote requirement being mandatory in character, shall ‘in every case’ be complied with.

Purpose of strike vote:

● ensure the overwhelming sentiment

● to broadly strike rests with the majority member not with mere minority

● Discourage wildcat strikes, union bossism and corruption

Requirements for valid strike or lockouts are mandatory

If strike is declared illegal

● Employer may be authorized to terminate the employment of union official (who participated in the
illegal strike)

● Terminate worker who knowingly participated in the commission of other illegal acts during the strike.

Incase the lockout is declared illegal

 ● a worker whose employment has been terminated as a consequence thereof may be entitled to
reinstatement including payment of full back wages and other benefits.

Doctrine of means and purpose Even if the strike were to be declared valid because its objective
and purpose is lawful, the strike may still be declared invalid where the means employed are
illegal. Same as with lockouts.

Lockouts - economic shields of the employer against employees

● Employer temporarily refuses to furnish work as a result of an industrial or labor dispute

● Comprises shutdown, mass retrenchments and dismissals

● Refusal to furnish work by the employer is a weapon in an effort to get from too much demanding
[supposed to be unreasonable] employees

● a weapon in the hands of the employers as distinguished from a strike which is at the command of the
labor force

Situation: Plant continues to operate. employee-union members locked out are being replaced by non-union
substitutes so that the plant may continue to function.

In shut down, employer willfully ceases operations following a complete lockout [totally no business operation]

Employer’s counterpart of the employees’ strike

Grounds for lockouts

1. Collective bargaining deadlocks

2. Unfair labor practice

Procedural requirement for lockout

1. notice of lockout

2. Lockout vote

3. Lockout vote report

Industries/services are recognized as indispensable to the national interest

● Hospital sector, Electric Power Industry, Water supply services [excludes small water supply services],
Air traffic control, Telecommunications, other industries as maybe recommended by the national
tripartite industrial peace council

Return-to-work order - Statutory part and parcel. Following an assumption or certification order, returning to
work , on the part of a worker, is not a matter of option or voluntariness but of obligation

Picketing - device used by the union to bolster their strike

● Refers to outside patrolling or marching to and for of the strikers at the company’s premises usually
accompanied by the display of placards and other signs making known the facts involved in a labor
dispute

Legal aspect of picketing

● Includes communicating the facts of a labor dispute. Wearing armbands and putting up placards
(without offensive words or symbols) to express one’s views without violating the rights of third parties.

● Picketing must be carried on peacefully and in conformity with lawful objectives, picketing has been
equated with freedom of speech
Limitations on picketing

● Commit any act of violence, coercion or intimidation

● Obstruct the free ingress to or egress from the employer’s premises for lawful purposes, obstruct public
thoroughfares

● Obstruct public thoroughfares

Boycott - purpose of which is coerce the employer by the restriction and withholding of patronage so as to
diminish his volume of business

ex. encouraging of not buying that one company.

Strike-breaker -Any person who obstructs, impedes or interferes with by force, violence, coercion, threats or
intimidation

On foreign Activities

Trade union activities - refers to organization formation and administration of labor organization, all forms of
concerted union action, any form of participation or involvement in representation proceeding etc. (Art. 285,
Labor Code)

All aliens, natural or juridical are strictly prohibited from engaging in trade union activities (whether
directly or indirectly)

! Philippine labor union may however maintain normal contacts with recognized international labor centers

Disclosure of donations

Legitimate labor orgs are required to make a disclosure of donations, donors, and their purposes in their
annual financial reports. Failure to make such disclosure shall be ground for cancellation of the union
registration certificate

Special Provisions

Visitorial power of the Secretary of labor and employment

1. Inquire financial activities of legit labor org

2. Examine their books of accounts and other records to determine compliance or non-compliance

3. Prosecute any violations of the law and the union’s constitution and by-laws

Limitations: Can’t exercise visitorial power during the ff cases

1. 60 day freedom period

2. 30 day period immediately preceding the date of election of union officials

Tripartism - labor relations is declared a state policy. The state is mandated to encourage the representation of
workers and employers in policy-making bodies of the government

Tripartite approach - designed to converge 3 sectors [Government, Employers and Employees] for dialogue
and conference for the purpose of drafting major policies and simplifying resolution of major labor issues.