BUREAU OF

LABOR
RELATIONS
ARTICLE 232 [226]- Bureau of Labor
Relations
– The BLR and the Labor Relations Divisions in the regional offices of the Department of
Labor, shall have “ORIGINAL and EXCLUSIVE” authority to act, at their own initiative or
upon request of either or both parties :
a. All inter-union and intra-union conflicts,
b. All disputes, grievances or problems arising from or affecting labor-management
relations in all workplaces, whether agricultural or non-agricultural, except those arising from
the implementation or interpretation of the CBA which will be the subject of grievance
procedure and/or voluntary arbitration.
 ARTICLE 232 [226]- continuation…

– The BLR shall have fifteen (15) working days to act on labor cases before it, subject to
the extension by the agreement of the parties.
ARTICLE 232 [226]- continuation…

E.O 292 or the 1987 Administrative Code provides the current functions and authority of the
BLR.
Sec. 16. The BLR shall:
a. Set policies, standards, and procedures on the registration and
supervision of legitimate labor union activities including denial, cancellation, and revocation
of labor union permits.
b. Set policies, standards, and procedures relating to collective bargaining
agreements, and the examination of financial records of accounts of labor organizations to
determine compliance with provide relevant laws.
ARTICLE 232 [226]- continuation…

The BLR functions, as it now stands, are confined largely to union matters, collective
bargaining and labor education.
Article 226 of the Labor Code clearly provides that the BLR and the Regional
Directors of the DOLE have concurrent jurisdiction over inter-union and intra-union.

Med-Arbiter – an officer in the regional office or bureau authorized to hear ,

conciliate, and decide representation cases or assist in the disposition of intra or inter-union
disputes.
ARTICLE 232 [226]- continuation…

INTRA-UNION DISPUTES:
It refers to any conflict between and among union members, including grievances
arising from violation of rights and conditions of membership, violation of or disagreement
over any provision of the constitution and by-laws, or disputes arising from chartering or
affiliation.
Two Tests to Determine “Intra-Corporate Dispute”
1. Relationship Test: Determines whether relationship is: (a) between the corporation,
partnership or association and the public; (b) between the corporation, partnership or
association and it’s stockholders, partners, members or officers; (c) between the corporation,
partnership and state insofar as franchise, permit or license to operate is concern; (d) among
the stockholders, partners or associates themselves.
ARTICLE 232 [226]- continuation…

2. Controversy Test exists when the dispute is rooted in the existence of an intra-corporate
relationship, and refers to the enforcement of the parties correlative rights and obligations
under the Corporation Code, as well as the internal and intra-corporate regulatory rules of the
corporation.

INTER-UNION DISPUTES refers to any conflict between and among legitimate labor unions
involving representation questions for purposes of Collective Bargaining or to any other
conflict or dispute between legitimate labor unions.
ARTICLE 232 [226]- continuation…

Coverage of Inter/Intra-Union Disputes:

1. Cancellation of Registration of a labor organization filed by it’s members or by any other
labor organization;
2. Conduct of election of union and worker’s association officers/nullification of election of
union and worker’s association officers;
3. De-registration of CBA;
4. Audit/accounts examination of union affiliation or disaffiliation;
5. Such other disputes or conflicts involving the right to self-organization, union
membership, and collective-bargaining : (a) between and among legitimate labor
organizations; and (b) between and among members of union or worker’s association.
ARTICLE 235 [229]- Issuance of
Subpoenas
– The BLR “shall” have the power to require the appearance of any person or the
production of any paper, document or matter relevant to a labor dispute under
it’s jurisdiction, either at the request of any interested party or at it’s own
initiative.
ARTICLE 237 [231]- Registry of Unions and
File of Collective Bargaining Agreement

– The Bureau shall :

a. shall keep a registry of legitimate labor organizations
b. shall maintain a file of all CBA and other related agreements and records
of settlement of labor disputes and copies of orders and decisions of the voluntary
arbitrators.
- The file shall be open and accessible to interested parties under the conditions
prescribed by the Sec. of Labor and Employment, provided that no specific
information submitted in confidence shall be disclosed unless authorized by the
Secretary, or when it is at issue in any judicial litigation, or when public interest or
national security so requires.
ARTICLE 237 [231]-continuation

PROCEDURE FOR REGISTRATION

a. Submission of the copies of the CBA to the BLR or the Regional Offices of DOLE
within thirty (30) days from execution, accompanies by the following:
1. Verified proof of posting in two conspicuous places in the place of work;
2. Verified proof of ratification by the majority of all the workers in the
bargaining unit.
b. Action upon the application for registration within five (5) calendar days from
the receipt thereof.
ARTICLE 237 [231]-continuation

c. The Regional Office shall furnish the BLR with a copy of the CBA within five (5)
days from its submission.
d. The BLR or the Regional office shall assess the employer for every CBA,
registration fee of not less than Php 1,000 or any amount deemed appropriate and
necessary by the Secretary of Labor for the efficient administration of the
Voluntary Arbitration Program.
e. Issuance of the Certificate of Registration
ARTICLE 237 [231]-continuation

The Bureau shall also maintain a file and shall undertake or assist in the publication
of all final decisions, orders and awards of the Secretary of Labor and Employment,
Regional Directors and the Commission.
ARTICLE 237 [231]-continuation

Question: Is Registration of a CBA

is a requisite for its validity?
ARTICLE 237 [231]-continuation

NO, The certification of the CBA by the BLR is not required to put a
stamp of validity to such contract. Once it is duly ENTERED into and
SIGNED by the parties, a CBA becomes effective as between the
parties regardless of whether or not has been certified by the BLR
(Liberty Flour Mills Employees v. Liberty Flour Mills, Inc. GR Nos.
58768-70)
ARTICLE 238 [232]-Prohibition
on Certification Election
The Bureau “shall” not entertain any petition for certification election or any action
which may disturb the administration of duly registered existing collecting
bargaining agreements affecting the parties except :
a. Art. 264 [253] Duty to bargain collectively when there exists a CBA.
b. Art 265 [253-A] Terms of Collective Bargaining Period
ARTICLE 242 [235]-Action for
Application
– The Bureau “shall” act on all applications for registration within 30 days from
filling.

– All requisite documents and papers shall be certified under oath by the
secretary or the treasurer of the organization, as the case may be, and
attested to by its president.
ARTICLE 243 [236]-Denial for
Registration; Appeal
– The decision of the Labor Relation Division in the regional office denying
registration may be appealed by the applicant union to the BLR within 10 days
from the receipt of notice thereof.
 ARTICLE 243 [236]-
continuation..
A. REGISTRATION OF NATIONAL UNIONS or FEDERATIONS..

Registration
Secretary of Labor Court of Appeals
(BLR)

Decision of the BLR denying the registration of a labor organization (federation or national union) is
appealable to the Secretary of Labor within 10 calendar days from the receipt of the
decision, on the grounds of: (a) grave abuse of discretion ; (b) gross incompetence
Decision of Secretary of Labor appealable to Court of Appeals
ARTICLE 243 [236]-continuation..

A. INDEPENDENT UNION..

Registration
BLR Court of Appeals
Labor Relation Division

Decisions of the Regional Office shall be appealable to the BLR and CA. The BLR’s decisions on
cases appealed from Regional Director are final and not appealable to the Secretary of Labor.
 ARTICLE 243 [236]-
continuation..
Modes of Appeal
Regional Office
a. The regional office shall transmit the records within 24 hours from the receipt of memo of
appeal.
b. The BLR shall render decision within 20 days from the receipt of records
c. The Decision of the BLR may be contested before the CA via petition for Certiorari (Rule 65)
ARTICLE 243 [236]-continuation..

Modes of Appeal
BUREAU
a. The BLR shall transmit the records within 24 hours from the receipt of the memo of appeal.
b. The Secretary of Labor shall render decision within 20 days from the receipt of the records.
c. The Decision of the Secretary may be contested before the CA via petition for certiorari, Rule
65
ARTICLE 243 [236]-continuation..

Modes of Appeal
BUREAU
a. The BLR shall transmit the records within 24 hours from the receipt of the memo of appeal.
b. The Secretary of Labor shall render decision within 20 days from the receipt of the records.
c. The Decision of the Secretary may be contested before the CA via petition for certiorari, Rule
65
ARTICLE 245 [238]- Cancellation of
Registration
The Certificate of Registration of any legitimate labor organization, whether national or local, may
be cancelled by the BLR, after due hearing, only on the grounds specified in Art. 247 [239]
ARTICLE 247 [239]-Grounds for
Cancellation of Union Registration
The following are the ground for cancellation:
a. Misrepresentation, false statement or fraud in connection with the adoption or
ratification of the constitution and by-laws or amendments thereto, the minutes of ratification, and
list of members who took part in the ratification.
b. Misrepresentation, false statements or fraud in connection with the election of officers,
minutes of the election of officers, and list of voters.
c. Voluntary dissolution of the members.
ARTICLE 252 [242-A]-Reportorial
Requirements
Reportorial Requirements to be submitted by the legitimate labor organization:
1. Constitution and by-laws, or amendments thereto, minutes of ratification, and the list of
members who took part in ratification of the constitution and by-laws within 30 days from
adoption or ratification of the constitution and by-laws;
2. List of officers, minutes of election of officers, and list of voters within 30 days from election;
3. List of members at least once a year or whenever required by the Bureau;
4. Annual financial report within 30 days after the close of every fiscal year.
ARTICLE 252 [242-A]-continuation..

NOTE:
Failure to comply with the above mentioned requirements shall not be a ground for cancellation of
union registration but shall subject the erring officers or members to suspension, expulsion from
membership, or any appropriate penalty.
ARTICLE 270 [258]-When an
Employer May File Petition
When requested to bargain collectively, an employer may petition the Bureau for an
election. If there is no existing certified collective bargaining agreement in the unit, the Bureau
shall, after hearing order a certification election.

All certification cases shall be decided within 20 working days.

The Bureau shall conduct a certification election within 20 days in accordance with the
rules and regulations prescribed by the Secretary of Labor.