Labor Notes

INTRODUCTION AND DEFINITION

LABOR LAW - It is a social legislation that includes the statutes, rules, and regulations that govern the rights and relations of employers and employees in furtherance of social justice.

*Social Legislation: broader than Labor Law; it covers Labor law but the latter does not necessarily cover social legislation *Social Justice:

Salus Populi Est Suprema Lex: The welfare of the people is the supreme law. Social justice is the humanization of laws and equalization of social and economic forces by the State so that justice

in its rational and objectively secular conception may at least be approximated (Calalang v. Williams) * Labor: It may be an act; it may be a classification

As an act – exertion of some effort (physical or mental effort) for the purposes of work or rendering of services. As a classification- class or group of segment of society which derives its livelihood from rendering services in

exchange of compensation*salary- commonly associated with white collar job

*wages- associated with blue collar jobs.

CLASSIFICATION OF LABOR LAW1. Labor Standards

-It is the law which sets out the minimum terms and conditions and benefits of employment entitled to the employees as a matter of right that the employers must provide.

2. Labor Relations-It is the law which defines the status, rights and duties, and the institutional mechanisms that govern the individual and

collective interactions of employees, employers or their representative. *ex of institutional mechanisms that govern the individual and collective interactions of employers and employees: a. Union

b. Conciliation – 3rd party assists the parties to end their disputes by condoning or compromising each other’s fault. c.Mediation-the same with conciliation but there is a mediator who takes an active role in formulating a solution.

d. Arbitration *Voluntary- the State does not intervene; governed by the rules laid down by the employees and employers. *Compulsory-proceedings brought before NLRC through labor arbiters/DOLE RO for resolution.

-If there is no union, there must be labor management council, in default thereof, there must be compulsory arb

EMPLOYER-includes any person acting in the interest of an employer, directly or indirectly. The term shall not include any labor

organization or any of its officers/agents except when acting as an employer.*Test of Employer-employee relationship:

1. Selection and Engagement of Employees2. Payment of Wages3. Power of Dismissal4. Power of Control

EMPLOYEE-Definition in Labor Standards: A salaried person working for another who controls/supervises the means, manner, or

method of doing the work.

-Definition in Labor Relations: Includes any person in the employ of an employer. The term shall not be limited to the employees of a particular employer, unless the Code so explicitly states. It shall include any individual whose work has ceased as a result of or in connection with any current labor dispute or because of any unfair labor practice if he has not obtained any other substantially equivalent and regular employment.

ART. 297, LC (Previously Art 288): JUST CAUSES OF TERMINATION OF EMPLOYMENT

a) serious misconduct;b) willful disobedience;c) gross and habitual neglect of duty;d) fraud or breach of trust;e) commission of a crime or offense against the employer, his family or representative;f) other similar causes.

AUTHORIZED CAUSES OF TERMINATION OF EMPLOYMENTa) installation of labor-saving devices;b) redundancy;c) retrenchment to prevent losses;d) closure and cessation of business; ande) disease / illness.

RELATED PROVISIONS TO LABOR

ART. 4, LABOR CODE. CONSTRUCTION IN FAVOR OF LABOR. All doubts in the implementation and interpretation of the provisions of this Code, including its implementing rules and

regulations, shall be resolved in favor of labor.

ART.13 SECTION 3, 1987 CONSTITUTION (PROTECTION-TO-LABOR CLAUSE) The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full

employment and equality of employment opportunities for all.It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful

concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law.

The State shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace.

The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns to investments, and to expansion and growth.

ART. 3, LABOR CODE: DECLARATION OF BASIC LABOR POLICY The State shall afford protection to labor, promote full employment, ensure equal work opportunities regardless of sex,

race or creed and regulate the relations between workers and employers. The State shall assure the rights of workers to self-organization, collective bargaining, security of tenure, and just and humane conditions of work.

CIVIL CODE PROVISIONS RELATED TO LABOR:Art. 1700. The relations between capital and labor are not merely contractual. They are so impressed with public interest that labor contracts must yield to the common good. Therefore, such contracts are subject to the special laws on labor unions, collective bargaining, strikes and lockouts, closed shop, wages, working conditions, hours of labor and similar subjects. (Labor Code is not an ordinary contract that is why it is not governed by the Civil Code)

Art. 1701. Neither capital nor labor shall act oppressively against the other, or impair the interest or convenience of the public.

CARDINAL RIGHTS OF WORKERS: (These rights are non-negotiable)1. Self-Organization2. Collective Bargaining and Negotiations3. Peaceful Concerted Activities (Indvs come together to perform common act in furtherance of common objectives)4. Right to Strike (Only grounds: Unfair Labor Practice and Bargaining Lockouts)5. Participate in policy and decision-making processes 6. Just share in the fruits of production (more benefits for workers)7. Security of Tenure (a right which means that a regular employee shall remain employed unless his services are

terminated for just/authorized cause and after observance of procedural due process)8. Humane Conditions of Work9. Living Wage (wage sufficient to support basic family needs)

RIGHTS OF EMPLOYERS/CAPITAL MANAGEMENT:1. Reasonable return of investments2. Expansion3. Growth4. Management Prerogative (Not Absolute)-Inherent right if management to regulate all aspects of rules and regulation for its business.Ex: Engagement and Disengagement of employeesPromotion of Employees, Transfer of Employees

LIMITATIONS ON MANAGEMENT PREROGATIVE

1. Limitations imposed by law.2. Limitations imposed by contract ( ex: terms of employment, collective bargaining)3. Limitations imposed by principles of fairplay, equity, and justice (ex: do not act oppressively against other workers)

Art. 1702. In case of doubt, all labor legislation and all labor contracts shall be construed in favor of the safety and decent living for the laborer.

Art. 1703. No contract which practically amounts to involuntary servitude, under any guise whatsoever, shall be valid.

Art. 1704. In collective bargaining, the labor union or members of the board or committee signing the contract shall be liable for non-fulfillment thereof.

Art. 1705. The laborer's wages shall be paid in legal currency.

Art. 1706. Withholding of the wages, except for a debt due, shall not be made by the employer.

Art. 1707. The laborer's wages shall be a lien on the goods manufactured or the work done.

Art. 1708. The laborer's wages shall not be subject to execution or attachment, except for debts incurred for food, shelter, clothing and medical attendance.

Art. 1709. The employer shall neither seize nor retain any tool or other articles belonging to the laborer.

Art. 1710. Dismissal of laborers shall be subject to the supervision of the Government, under special laws.

ART. 218, LABOR CODE: DECLARATION OF POLICY

ARTICLE. 218. DECLARATION OF POLICY. – A. It is the policy of the State:

(1) To promote and emphasize the primacy of free collective bargaining and negotiations, including voluntary arbitration, mediation and conciliation, as modes of settling labor or industrial disputes;(2) To promote free trade unionism as an instrument for the enhancement of democracy and the promotion of social justice and development;(3) To foster the free and voluntary organization of a strong and united labor movement;(4) To promote the enlightenment of workers concerning their rights and obligations as union members and as employees;(5) To provide an adequate administrative machinery for the expeditious settlement of labor or industrial disputes;(6) To ensure a stable but dynamic and just industrial peace; and(7) To ensure the participation of workers in decision and policy-making processes affecting their rights, duties and welfare.

B. To encourage a truly democratic method of regulating the relations between the employers and employees by means of agreements freely entered into through collective bargaining, no court or administrative agency or official shall have the power to set or fix wages, rates of pay, hours of work or other terms and conditions of employment, except as otherwise provided under this Code.

EXPLANATION:1. Free Collective Bargaining and Negotiation (negotiations: voluntary/compulsory arb, mediation, conciliation)

*Estated of Dulay v. Abointiz Jebsen: The Court made it clear that with respect to disputes involving claims of Filipino seafarers where the parties are covered by a CBA, the dispute or claim should be submitted to the jurisdiction of a voluntary arbitrator or panel of arbitrators. In the absence of a CBA, the parties may opt to submit the dispute to either to the NLRC or to voluntary arbitration.

2.Free Trade Unionism-There is an emphasis on the word: “FREE” because this simply puts into the center of attention the need of Labor

organizations to be independent, free from outside influence.-The law recognizes the inherent inequality between labor and capital where the latter is in a better position. Free trade

unionism is able to approximate inequality by opting workers to organize an association that can make the employers gaze at the same level.

3.Free and Voluntary Organization/Self-OrganizationArticle 257,LC (previously Art 252). Non-abridgment of right to self-organization. It shall be unlawful for any person to restrain, coerce, discriminate against or unduly interfere with employees and

workers in their exercise of the right to self-organization. Such right shall include the right to form, join, or assist labor organizations for the purpose of collective bargaining

through representatives of their own choosing and to engage in lawful concerted activities for the same purpose or for their mutual aid and protection.4. Promote Enlightenment of workers as regards their rights and obligations as union members and as employees

*Who shall have the obligation to provide for enlightenment? Employers, union, and the State

5.Provide an adequate administrative machineryPurpose: To emphasize that apart from the opportunities of the parties to settle among themselves, there are

administrative mechanisms by the State for workers to seek redress regarding grievances against employers.Example: NLRC, National Conciliation Mediation, Bureau of Labor Relations,Institution for Voluntary Arbitration

6.Stable but dynamic and just industrial peace“A peaceful home is a happy home.” = peace in the relationship between employers and employees can result to more

productive work, better fruits, and returns on investments.

*NON-INTERFERENCE CLAUSE-State must not intervene in the negotiations of employers and employees. -When can the state intervene:

1. The only involvement of State is only to set out the minimum standards.2. If the dispute between workers and capital will affect the public particularly industry indispensable in the

national interest. (ex: hospital and transportation; in case of strike or lockout, the DOLE Sec shall automatically intervene)

SOME LAWS FROM ABROAD THAT BECAME THE BASES OF LABOR RELATIONS

1. 1935: US passed National Labor Relations Act -Before this, the focus is more on the capitals. Hence, this law provides for workers for their right to organize. It created

the right to union and to avoid oppressive acts of State and capital.

2. Taft-Hartley Act of 1947

RIGHT TO SELF ORGANIZATION

SCOPE OF RIGHT TO SELF-ORGANIZATION1. The right to form, join, and assist labor organizations

For purposes of collective bargaining Through representatives of their own choosing

2. To engage in lawful concerted activities for their mutual aid and protection3.Right not to exercise it.

-The right not to join, affiliate with, or assist any union. No one should be compelled to exercise such right.This includes right to disaffiliate or resign from labor organization.4. Right to withdraw from the organization

-The resignation of member-employees is an expression of their preference for union membership over that of membership in the cooperative.5.Right to raise issues in behalf of the organization

COVERAGE AND EMPLOYEES’ RIGHT TO SELF-ORGANIZATION. (Art. 253, LC)1.All persons employed in commercial, industrial and agricultural enterprises and in religious, charitable, medical, or

educational institutions, whether operating for profit or not, shall have the right to self-organization and to form, join, or assist labor organizations of their own choosing for purposes of collective bargaining.

2.Ambulant, intermittent and itinerant workers, self-employed people, rural workers and those without any definite employers may form labor organizations for their mutual aid and protection.

WHO MAY UNIONIZE FOR PURPOSES OF COLLECTIVE BARGANING (RG-SAS)1. All rank-and-file employees

-Whether member of a religious sector, employees of public or private, profit or non-profit, commercial or religious may unionize.

*Non-profit organizations such as non-profit medical institution may unionize.

2. Government Corporate Employees (Corporations created under the Corporation Code) ex: govt radio station-Employees of government corporations established under the Corporation Code shall have the right to organize and to

bargain collectively with their respective employers. All other employees in the civil service shall have the right to form associations for purposes not contrary to law. (Art. 254, LC)

ART. 3 SECTION 8; 1987 CONSTITUTION. The 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.

3. Supervisors-Supervisory employees are those who, 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. -They make sure that policies are implemented. They recommend the course of action but have no discretion to lay

down instructions. They cannot fire employees; they must first inform the managers. However, they have a call whether an employee is to be subjected to managerial policies.

-Supervisory employees shall not be eligible for membership in a labor organization of the rank-and-file employees but may join, assist or form separate labor organizations of their own.

*Rationale for segregation- CONFLICT OF INTEREST. Supervisory employees, while in the performance of supervisory functions, become the alter ego of the management in the making and the implementing of key decisions. It would be difficult to find unity or mutuality of interests in a bargaining unit consisting of a mixture of rank-and-file and supervisory employees.

4. Aliens with valid working permitGENERAL RULE: All aliens, natural or juridical, as well as foreign organizations are strictly prohibited from engaging

directly or indirectly in all forms of trade union activitiesEXCEPTION: 1.The aliens are working in the country with valid permits issued by the Department of Labor and Employment

*Aliens must assure that the funding shall be used exclusively for foreign activities to avoid subversive intention and introduction of disruptive activities to the State

2. The said aliens are nationals of a country which grants the same or similar rights to Filipino workers.

5. Security GuardsOLD RULE: security guards were barred from joining labor organizations of the rank-and-file.NEW RULE: In Dec 1986, President Aquino issued EO No. 111 which eliminated the provision on the disqualification of

security guards and with that security guards were thus free to join a rank and file organization.

WHO CANNOT FORM, JOIN, OR ASSIST LABOR ORGANIZATIONS1.Managerial Employees

-A managerial employee is one who is vested with the powers or prerogatives to lay down and execute management policies and/or to hire, transfer, suspend, lay-off, recall, discharge, assign or discipline employees.

-The mere fact that an employee is designated “manager” does not ipso facto make him one. Designation should be reconciled with the actual job description of the employee. [Paper Indurstries Corp. of the Philippines. v. Laguesma ,2000]

2. Confidential EmployeesConfidential employees are those who (cumulative requirements):

(1) assist or act in a confidential capacity [integral part of the job](2) to persons who formulate, determine, and effectuate management policies in the field of labor relations .

*Rationale: They are prohibited because of potential conflict of interest. There is a fiduciary and confidential relationship between manager and confidential employee. It is not far-fetched that in the course of CB, confidential employees might jeopardize the interest which they are duty bound to protect.

3. Non-employees -Cannot organize themselves into union because they have no common employer; CBA will be useless.-Since the persons involved are not employees of the company, they are not entitled to the constitutional right to join or

form a labor organization for purposes of collective bargaining.-The question of whether employer-employee relationship exists is a primordial consideration before extending labor

benefits under the workmen's compensation, social security, medicare, termination pay and labor relations law. Failure to establish this juridical relationship between the union members and the employer affects the legality of the union itself. [Singer Sewing Machine Co. v. Drilon, 1993]

4. Cooperative member who is also an employee*Rationale: They cannot invoke the right to collective bargaining for certainly an owner cannot bargain with himself or

his co-owners. [Benguet Electric Cooperative v. Ferrer-Calleja]-Employees who withdrew their membership from the cooperative are entitled to form or join a labor union for the

negotiations of a CBA. [CENECO v DOLE, 1991]

5. Employees of International Organizations-International organizations are endowed with some degree of international legal personality. They are granted

jurisdictional immunity.-A certification election cannot be conducted in an international organization which the Phil. Government has granted

immunity from local jurisdiction. [International Catholic Migration Commission v. Calleja, 1990]

6. Government employees of Civil Service or special charter of GOCC-They are not allowed to unionize because employment standards are provided for by law. Everything connected to

them is dictated by law. Hence, they cannot engage the government to have CBA and other remedies such as strike which may be detrimental to the image of the government.

*How to reconcile Art. 3 Sec 8 1987 Consti with the prohibition on govt employees?-Govt employees (civil service and special charter of GOCC) are entitled to form associations to have mutual aid

and protection to members but NOT UNION.

7. Members of the AFP, police officers, policemen, firemen, and jail guards (E.O. 180, Sec. 4)

VIOLATIONS TO SELF-ORGANIZATION: Unfair Labor Practice Concept of unfair labor practice and procedure for prosecution thereof. (Art. 258, LC)

-Unfair labor practices violate the constitutional right of workers and employees to self-organization, are inimical to the legitimate interests of both labor and management, including their right to bargain collectively and otherwise deal with each other in an atmosphere of freedom and mutual respect, disrupt industrial peace and hinder the promotion of healthy and stable labor-management relations.

Consequently, unfair labor practices are not only violations of the civil rights of both labor and management but are also criminal offenses against the State which shall be subject to prosecution and punishment as

herein provided.

Unfair Labor Practice of Employers(Art. 259, LC)(a) To interfere with, restrain or coerce employees in the exercise of their right to self-organization;(b) To require as a condition of employment that a person or an employee shall not join a labor organization or shall

with-draw from one to which he belongs;(c) To contract out services or functions being performed by union members when such will interfere with, restrain

or coerce employees in the exercise of their rights to self-organization;(d) To initiate, dominate, assist or otherwise interfere with the formation or administration of any labor

organization, including the giving of financial or other support to it or its organizers or supporters;(e) To discriminate in regard to wages, hours of work and other terms and conditions of employment in order to

encourage or discourage membership in any labor organization. Nothing in this Code or in any other law shall stop the parties from requiring membership in a recognized collective bargaining agent as a condition for employment, except those employees who are already members of another union at the time of the signing of

the collective bargaining agreement. (f) To dismiss, discharge or otherwise prejudice or discriminate against an employee for having given or being about

to give testimony under this Code;(g) To violate the duty to bargain collectively as prescribed by this Code;(h) To pay negotiation or attorney’s fees to the union or its officers or agents as part of the settlement of any issue

in collective bargaining or any other dispute; or(i) To violate a collective bargaining agreement.

Unfair Labor Practices of Labor Organizations (Art. 260, LC)(a) To restrain or coerce employees in the exercise of their right to self-organization. However, a labor organization

shall have the right to prescribe its own rules with respect to the acquisition or retention of membership;(b) To cause or attempt to cause an employer to discriminate against an employee, including discrimination against

an employee with respect to whom membership in such organization has been denied or to terminate an employee on any ground other than the usual terms and conditions under which membership or continuation of membership is made available to other members;

(c) To violate the duty, or refuse to bargain collectively with the employer, provided it is the representative of the employees;

(d) To cause or attempt to cause an employer to pay or deliver or agree to pay or deliver any money or other things of value, in the nature of an exaction, for services which are not performed or not to be performed, including the demand for fee for union negotiations;

(e) To ask for or accept negotiation or attorney’s fees from employers as part of the settlement of any issue in collective bargaining or any other dispute; or

(f) To violate a collective bargaining agreement.

RIGHT TO STRIKE (PART OF RIGHT TO SELF-ORGANIZATION)

RIGHT TO PEACEFUL CONCERTED ACTIVITIESA concerted activity is one undertaken by two or more employees to improve their terms and conditions of work.

CONSTITUTIONAL BASISThe state shall guarantee the rights of all workers to xxx peaceful concerted activities, including the right to strike in accordance with law. [Art. XIII Section 3]

STATUTORY BASISWorkers shall have the right to engage in concerted activities for purposes of collective bargaining or for their mutual

benefit and protection. The right of legitimate labor organizations to strike and picket and of employers to lockout,consistent with the national interest, shall continue to be recognized and respected. However, no labor union may strike andno employer may declare a lockout on grounds involving inter-union and intra-union disputes.

REASON WHY CONCERTED ACTIVITIES, PARTICULARLY STRIKES, MUST BE IN ACCORDANCE WITH LAWThe strike is a powerful weapon of the working class. Precisely because of this, it must be handled carefully, like a

sensitive explosive, lest it blow up in the workers’ own hands. Thus, it must be declared only after the most thoughtful consultation among them, conducted in the only way allowed, that is, peacefully, and in every case conformably to reasonable regulation. Any violation of the legal requirements and strictures will render the strike illegal, to the detriment of the very workers it is supposed to protect.

FORMS OF CONCERTED ACTIVITIES – Strike and Picketing

(a) Strike*DEFINITION

-A strike is any temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute.

-The term “strike” shall comprise not only concerted work stoppages, but also slowdowns, mass leaves, sit-downs, attempts to damage, destroy or sabotage plant equipment and facilities, and similar activities.

-A strike is a coercive measure resorted to by laborers to enforce their demands. The idea behind a strike is that a company engaged in a profitable business cannot afford to have its production or activities interrupted, much less, paralyzed.

*FORMS OF STRIKE As to legality

(a) Legal strike – one called for a valid purpose and conducted through means allowed by law.(b) Illegal strike – one staged for a purpose not recognized by law, or if for a valid purpose, conducted through means not sanctioned by law.

As to grounds(a) Economic strike – one staged by workers to force wage or other economic concessions from the employer

which he is not required by law to grant (ex: Deadlocks)(b) ULP strike – called against a company's unfair labor practice to force the employer to desist from

committing such practices.

*WHO MAY DECLARE A STRIKE(1) certified or duly recognized bargaining representative2) any legitimate labor organization in the absence of #1, but only on grounds of ULP

* WHEN IS STRIKE VALID-A valid strike must have a lawful ground and must conform to the procedural requirements set by law.

Procedural Requirements(1) Effort to bargain(2) Filing and service of notice of strike(3) Observance of cooling-off period(4) Strike vote(5) Strike vote report(6) Observance of the waiting period

No Lawful strike if:(1) Ground is an inter-union or intra-union dispute(2) No notice of strike(3) No lock-out vote obtained and reported to the NCMB(4) After assumption or certification by the Secretary of Labor

(b) Picketing-Picketing is the right of workers to peacefully march to and fro before an establishment involved in a labor dispute

generally accompanied by the carrying and display of signs, placards and banners intended to inform the public about the dispute.-The right of legitimate labor organizations to strike and picket and of employers to lockout, consistent with the

national interest, shall continue to be recognized and respected.

LABOR ORGANIZATION (discussions in record book)

LABOR ORGANIZATIONDefinition: labor organization means any union or association of employees which exists in whole or in part for

the purpose of collective bargaining or of dealing with employers concerning terms and conditions of employment. (Art. 219 g, LC)

Purposes: 1. Collective Bargaining

-the union as sole and exclusive bargaining unit.-It is binding upon demand and is subjected to the strict rules by the Labor Code.

2. Dealing with employers-If labor organizations do not have representation, they can still deal with the employers as regards the

terms and conditions of employment.-Not binding. The employer may or may not listen to them upon normal demands to negotiate.

LEGITIMATE LABOR ORGANIZATION *Defn: any labor organization duly registered with the Department of Labor and Employment, and includes any branch or

local thereof. (Art. 219 h, LC) :entitled to engage CBA for bargaining.

*Where registered: If National Union/ Federation: must register with the Bureau of Labor Relations under DOLE If Ordinary Union: file with any branch of DOLE

COMPANY UNION *Defn: any labor organization whose formation, function or administration has been assisted by any act defined as

unfair labor practice by this Code. (Art. 219 I, LC) : (d) To initiate, dominate, assist or otherwise interfere with the formation or administration of any labor

organization, including the giving of financial or other support to it or its organizers or supporters (Art. 259 d)

*Is it allowed to exist? –NO. It is prohibited because it interferes with the administration of Labor Organization. This is wrong because if you provide any kind of support to labor organizations, it is not assured that the future negotiations are unbiased. Hence, it would result to unfair labor practice.

HOW TO BECOME A LEGITIMATE LABOR ORGANIZATION: Labor organizations have 2 options1. To register as an independent union: (ART. 240)

*REQUIREMENTS:a. Each employee must pay P50.00 for registration fee.b. Provide the name and address of the applicant union.c. Must provide the names and addresses of officersd. Provide minutes of the labor org’s meetings and list of employees who participated.e. Provide CBL and list of membersf. If it has existed for at least 1 year, provide for Financial Statement.g. Must have 20% of the employees who manifested their support to join labor organization at the time of the

application.*Once it is submitted to DOLE (Regional Office), the latter will verify within 30days that the organization complied*Effect if independent union wants to disaffiliate: Independent union retains personality as a legit labor org.

2. To obtain status of a local or chapter of a National Union or Federation(ex: ALU, Trade Union Congress of the Phil or TUCP)*How to be a legitimate labor org in order to have personality to file (ART.241) The chapter shall be entitled to all other rights and privileges of legitimate labor organization, if the following are

submitted: (Once validated by DOLE, it can be LLO.)a. Present charter certificate issued by National Union or Federation indicating the establishment of the local

chapter. From the date it is issued a charter certificate, the chapter shall acquire legal personality only for purposes of filing a petition for certification election.

b. The names of the chapter’s officers, their addresses, and principal office of the chapter

c. The chapter’s Constitution and by-laws: provided, the chapter’s constitution and by laws are the same as that of the federation or the national union, this fact shall be indicated accordingly.

*Effect: It shall have national representation.* Once it is submitted to DOLE (BLR), the latter will verify within 30days that the organization complied*Effect if a local or a chapter disaffiliates: It loses personality because it derives its personality from the national union.

*Article 247: Grounds for cancellation of union registration.- The following may constitute grounds for cancellation of union registration:

(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 the 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 the list of voters;

(c) Voluntary dissolution by the members.

*Article 248. Voluntary cancellation of registration. General rule: The registration of a legitimate labor organization may be cancelled by the organization itselfCondition: 1. Atleast two-thirds of its general membership votes, in a meeting duly called for that purpose to

dissolve the organization: 2.That an application to cancel registration is thereafter submitted by the board of the organization,

attested to by the president thereof

*Article 249. Equity of the incumbent. All existing federations and national unions which meet the qualifications of a legitimate labor organization without existing grounds for cancellation, shall continue to maintain their existing affiliates regardless of the nature of the industry and the location of the affiliates.

*Art. 250. Rights and Conditions of Membership in a Labor Org (important things) FEES:(a) No arbitrary or excessive initiation fees shall be required of the members of a legitimate labor organization nor shall

arbitrary, excessive or oppressive fine and forfeiture be imposedELECTION: (c) The members shall directly elect their officers, including those of the national union or federation to which

they or their union is affiliated, by secret ballot at intervals of five (5) years.DISQUALIFICATIONS: e and f

(e) No labor organization shall knowingly admit as members or continue in membership any individual who belongs to a subversive organization or who is engaged directly or indirectly in any subversive activity;(f) No person who has been convicted of a crime involving moral turpitude shall be eligible for election as a union officer or for appointment to any position in the union;

COMPENSATION(k) The officers of any labor organization shall not be paid any compensation other than the salaries and expenses due to their positions as specifically provided for in its constitution and by-laws, or in a written resolution duly authorized by a majority of all the members at a general membership meeting duly called for the purpose.

APPLICATION OF FUNDS(i) The funds of the organization shall not be applied for any purpose or object other than those expressly provided by its constitution and by-laws or those expressly authorized by written resolution adopted by the majority of the members at a general meeting duly called for the purpose;(n) No special assessment or other extraordinary fees may be levied upon the members of a labor organization unless authorized by a written resolution of a majority of all the members in a general membership meeting duly called for the purpose.

SUMMARIZED RIGHTS OF A UNION MEMBER:1. Political Rights

-the member's right to vote and be voted for by secret ballot, subject to lawful provisions on qualifications and disqualifications.

2. Deliberative and decision-making right -the member's right to participate in deliberations on major policy questions and decide them by secret ballot.

3. Rights over money matters-the member's right against excessive fees; the right against unauthorized collection of contributions or unauthorized disbursement; the right to require adequate records of income and expenses and the right of access to financial records; the right to vote on officers' compensation; the right to vote on proposed special assessments and be deducted a special assessment only with the member's written authorization.

4. Right to information

-The members shall be entitled to full and detailed report from their officers and representatives of all financial transactions as provided for in the constitution and by-laws of the organization

*Art. 251. Rights of Legitimate Labor Organizationsa) To act as the representative of its members for the purpose of collective bargaining;(b) To be certified as the exclusive representative of all the employees in an appropriate bargaining unit for purposes of collective bargaining;(c) To be furnished by the employer, upon written request of exclusive bargaining unit, the annual audited financial statements, including the balance sheet and the profit and loss statement(d) To own property, real or personal, for the use and benefit of the labor organization and its members;(e) To sue and be sued in its registered name; and(f) To undertake all other activities designed to benefit the organization and its members, including cooperative, housing, welfare and other projects not contrary to law.

TRADE UNION ACTIVITIES:

*Defn: "Trade union activities" shall mean: (Art. 285)(1) organization, formation and administration of labor organization;(2) negotiation and administration of collective bargaining agreements;(3) all forms of concerted union action;(4) organizing, managing, or assisting union conventions, meetings, rallies, referenda, teach-ins, seminars, conferences

and institutes;(5) any form of participation or involvement in representation proceedings, representation elections, consent

elections, union elections; and(6) other activities or actions analogous to the foregoing.

*Article. 269. Prohibition against aliens; exceptions. - All aliens, natural or juridical, as well as foreign organizations are strictly prohibited from engaging directly or indirectly in all forms of trade union activities without prejudice to normal contacts between Philippine labor unions and recognized international labor centers: Provided, however, That aliens working in the country with valid permits issued by the Department of Labor and Employment, may exercise the right to self-organization and join or assist labor organizations of their own choosing for purposes of collective bargaining: Provided, further, That said aliens are nationals of a country which grants the same or similar rights to Filipino workers

*Article. 270. Regulation of foreign assistance. (a) No foreign individual, organization or entity may give any donations, grants or other forms of assistance, in cash or in

kind, directly or indirectly, to any labor organization, group of workers or any auxiliary thereof, such as cooperatives, credit unions and institutions engaged in research, education or communication, in relation to trade union activities, without prior permission by the Secretary of Labor.

(b) This prohibition shall equally apply to foreign donations, grants or other forms of assistance, in cash or in kind, given directly or indirectly to any employer or employer’s organization to support any activity or activities affecting trade unions.

(c) The Secretary of Labor shall promulgate rules and regulations to regulate and control the giving and receiving of such donations, grants, or other forms of assistance, including the mandatory reporting of the amounts of the donations or grants, the specific recipients thereof, the projects or activities proposed to be supported, and their duration.

*Article. 271. Applicability to farm tenants and rural workers. - The provisions of this Title pertaining to foreign organizations and activities shall be deemed applicable likewise to all organizations of farm tenants, rural workers, and the like: Provided, That in appropriate cases, the Secretary of Agrarian Reform shall exercise the powers and responsibilities vested by this Title in the Secretary of Labor.

CREATION OF LABOR ORGANIZATION (Independent Registration and Affiliation)

AFFILIATION AND DISAFFILIATIONA. Affiliation

*Defn: affiliating/associating organization with National union or federation for purposes of obtaining personality.*Purpose: to strengthen labor organizations esp. the new labor orgs that do not have collective bargaining negotiation because national union is good agent in representing them and providing mechanisms for addressing grievances.*With whom to affiliate

Can affiliate only with national union Cannot affiliate with Trade Union Center. This is not a valid affiliation. If affiliated with this, no legal personality for certification election

*Effect: Locals remain the basic units of association, free to serve their own and the common interest of all. Inclusion of FFW in the registration is merely to stress that they are its affiliates at the time of registrations. It does not mean that said local unions cannot stand on their own. Affiliation does not mean they lost their own legal personality.

B. Disaffiliation – local union may disaffiliate from the mother union. WHEN TO DISAFFILIATE:

1. Depends on what is provided for in the CBL-If the CBL allows disaffiliation anytime, then disaffiliation may be made anytime. (However, most of the time, there is no disaffiliation anytime.)

2. Freedom Period-If the CBL does not provide disaffiliation anytime, the law allows disaffiliation 60 days prior the expiration of CBA concerning representation status. (Lifetime of CBA: renewable after 3 years)-During the freedom period, petitions for certification election are allowed. -Freedom Period does not bar disaffiliation anytime. The Constitution respects the freedom of association provided the latter is not subversive/does not have plan against the state.

*EFFECT:-A registered independent union retains its legal personality while a chartered local loses its legal personality unless it registers itself

*WHEN CAN THERE BE URGENT DISAFFILIATION/DISAFFILIATION ANYTIME:-When the national union or federation fails to address matters that will affect the chapter because the national union/federation is not doing its job to represent its chapter.

Ex: There is a need for renegotiation but no reply. There is a deadlock.

*HOW TO COERCE MANAGEMENT TO ACCEPT YOUR DEMANDS: Strike/File a case of unfair labor practice on the ground of refusal to negotiate.

*RELATIONSHIP BETWEEN LOCAL OR CHAPTER AND NATIONAL UNION = Principal ad Agent Principal: Local/Chapter (Employees and appropriate bargaining unit) Agent: National Union/Federation; this act in representation of principal. If agent fails to do its duty, the principal

may revoke its authority given to the agent.*Note: Book v, IRR, Rule 3

The mother union, acting for and in behalf of its affiliate, had the status of an agent while the local remained the basic unit of the association, free to serve the common interest of all its members, subject only to restraints imposed by the constitution and by the by-laws of the association. The same is true even if the local is not a legitimate labor organization.

THE ABU (Appropriate Bargaining Unit)

*Definition of Bargaining Unit: (Book V, Rule 1 d, IRR)-refers to a group of employees sharing mutual interests within a given employer unit, comprised of all or less

than all of the entire body of employees in the employer unit or any specific occupational or geographical grouping within such employer unit.

*Definition of Appropriate Bargaining Unit-A group of employees of a given employer comprised of all or less than all of the entire body of employees,

which the collective interests of all the employees indicate to be best suited to serve reciprocal rights and duties of the parties consistent with equity to the employer. [Belyca Corp. vs Calleja, 1988]

A company may have different bargaining unit based on different interest of different groupsEx: Different bargaining unit for rank-and-file, for supervisory, academic or non-academic

Determination of appropriate bargaining unit is different from determination of sole and exclusive bargaining unit.

*TESTS WHETHER TO HAVE APPROPRIATE BARGAINING UNIT1. Substantial Mutual Interest between 2 groups (PRIMORDIAL TEST/IF PRESENT, THIS PREVAILS) -Mutuality of Interest must be substantial and not incidental. -If the groups are so diverse as to allow segregation of classes of employees, then go for different bargaining unit Ex: Education Institution- there must be different bargaining unit to represent academic personnel and the other

for non academic personnel because both have different interests and conditions of employment. -If there is mutuality of interest, then can have 1 bargaining unit.

2. Will of the Employees or Globe Doctrine-The rule applies when the argument of separate bargaining unit is as compelling as the single bargaining unit.

*Globe-Mackay case: The NLRC looked at the arguments of the different bargaining unit. However, since both arguments are compelling, NLRC submitted the issues for the employees to decide among themselves if they want only one bargaining unit or separate bargaining unit. Hence, the employees were allowed to vote whether there is only 1 or 2 bargaining unit.

3. Bargaining History – determine if there were previous CBAs

4. Employment Status or Employment Classification -determine whether casual/contractual employees in the company are treated differently.-Employment status i.e. temporary, seasonal, & probationary.

OTHER FACTORS TO CONSIDER:1. Dichotomy of Interest *UP v. Ferrer-Calleja (1992)

- The SC held that there must be 2 separate bargaining unit for academic and non academic personnel of UP because of Dichotomy of Interest and absence of mutuality of interest because the two kinds of workers are different as to their nature and terms and conditions of employment. (ex: hours of work)

2. Geographic Location *Geography and location only play a significant role if: (a) The separation between the camps and the different kinds of work in each all militate in favor of the system of

separate bargaining units; (b) When the problems and interests of the workers are peculiar in each camp or department; (c) The system of having one collective bargaining unit in each camp has operated satisfactorily in the past. *San Miguel Corp v. Laguesma (1994)

-There was a demand levelled at San Miguel Corp for collective bargaining by a union allegedly representing San Miguel Corp branches of different parts of the country. According to San Miguel, each branch must have different bargaining units. However, the SC held that there is substantial mutual interest even if the employees are located in different branches because commonality merits them to be lumped together as one. RATIONALE: The goal of DOLE is geared towards a single employer wide unit which is more to the broader and greater benefit of the employees working force. The State abhors fragmentation of bargaining unit to strengthen the employees’ bargaining power or representation with the management. This is in relation to a strong and dynamic unionism.

3. Size4. Previous CBA v. rules prescribed in the current collective bargaining.

UNION REPRESENTATION*Defn: It is the process of determining who among the vying union shall represent the employees.

*Consideration before giving union representation: Determine whether or not employees demanding negotiation are really employees. There must be an employer-employee relationship.

*NOTE: SLECC v. Secretary of Labor (August 14, 2009; GR No. 162355 Issue: WON the presence of supervisors is a ground for cancellation of certification election Held: No. The only grounds are: misrepresentation, falsification, voluntary resolution, and fraud. Also, SLECC should have not attacked the legitimacy of the union (SLEC-WA) collaterally. If you want to cancel the election, ask for cancellation and not to attack collaterally. As opposed to a union, a bargaining unit is premised on the existence of mutual interest. It may include employees who are members or not members of the union.

*Does the Labor Management Council (Art. 267) has the same function with members and employees who have the right to self organization (Art. 253).

NO. Their similarity is that they have power to negotiate. However, the power of Labor Management Council to have participation and policy decision processes do not pertain to labor organizations. LMC is a venue to participate in processes to formulate policies and resolve issues.

Article 267. Exclusive bargaining representation and workers’ participation in policy and decision-making. The labor organization designated or selected by the majority of the employees in an appropriate collective

bargaining unit shall be the exclusive representative of the employees in such unit for the purpose of collective bargaining. However, an individual employee or group of employees shall have the right at any time to present grievances to their employer.

Any provision of law to the contrary notwithstanding, workers shall have the right, subject to such rules and regulations as the Secretary of Labor and Employment may promulgate, to participate in policy and decision-making

processes of the establishment where they are employed insofar as said processes will directly affect their rights, benefits and welfare. For this purpose, workers and employers may form labor-management councils: Provided, That the representatives of the workers in such labor-management councils shall be elected by at least the majority of all employees in said establishment.

HOW TO DETERINE REPRESENTATION STATUS:1. Voluntary Recognition (by the employer)

*Definition: It is the process by which a legitimate labor union is recognized by the employer as the exclusive bargaining representative or agent in a bargaining unit, reported with the Regional office in accordance to Rule VII, Sec 2 of these Rules. [Book V, Rule 1, Sec 1 [bbb]

*Only applicable when there is only 1 legitimate labor organization representation a specific group. The legitimate labor organization must petition employer for voluntary recognition provided it has majority support of the employees. HOWEVER, if an employer is IN DOUBT OF THE MAJORITY SUPPORT, HE MAY DEMAND ELECTION TO TAKE PLACE WHETHER LEGITIMATE LABOR ORGANIZATION v. NO UNION.

Example: If there is one bargaining unit for non academic personnel and one bargaining unit for academic personnel, there is no need for certification election because both represent different groups of individuals. The employer may voluntarily recognize each bargaining unit. However, if there are 2 or more bargaining units representing non academic and 2 or more representing academic, then there must be certification election.

*CASE: SLECC voluntarily recognized SMSLEC as its exclusive bargaining representative. Prior to the recognition, another union, CLUP SLECC has already filed a petition for certification election. Hence, the voluntary recognition is void. [SLECC v Sec. of Labor, 2009]

*Substantial Requirements: (1) Unorganized establishment;(2) Only one union asking for recognition;(3) The members of the bargaining unit did not object to the projected recognition of the union.

*Procedural Requirements:The notice of voluntary recognition shall be accompanied by the original copy and two (2) duplicate copies of the

following documents:(1) A joint statement under oath of voluntary recognition attesting to the fact of voluntary recognition(2) Certificate of posting of the joint statement of voluntary recognition for fifteen (15) consecutive days in at least two (2)

conspicuous places in the establishment or bargaining unit where the union seeks to operate;(3) The approximate number of employees in the bargaining unit, accompanied by the names of those who support the

voluntary recognition comprising at least a majority of the members of the bargaining unit; and(4) A statement that the labor union is the only legitimate labor organization operating within the bargaining unit.

All accompanying documents of the notice for voluntary recognition shall be certified under oath by the employer representative and president of the recognized labor union. [Book V Rule VII Sec 2]

*Effect of Recording of Fact of Voluntary Recognition-From the time of recording of voluntary recognition, the recognized labor union shall enjoy the rights, privileges and

obligations of an existing bargaining agent of all the employees in the bargaining unit. BAR THE FILING OF PETITION FOR CERTIFICATION ELECTION-Entry of voluntary recognition shall bar the filing of a petition for certification election by any labor organization for a

period of 1 year from the date of entry of voluntary recognition.-Upon the expiration of the 1 year period, any legitimate labor organization may file a petition for certification election

in the same bargaining unit represented by the voluntarily recognized union, unless a collective bargaining agreement between the employer and voluntarily recognized labor union was executed and registered with the Regional Office.

2. Certification Election *Defn: Certification election is the process of determining, through secret ballot, the sole and exclusive bargaining agent of the employees in an appropriate bargaining unit, for purposes of collective bargaining. [Book V Rule I Section 1 [x]]

:The certification election is the best method of determining the will of the workers on the crucial question of who shall represent them in their negotiations with the management for a collective bargaining agreement that will best protect and promote their interests.

*Purpose: The purpose of a certification election is precisely the ascertainment of the wishes of the majority of the employees in the appropriate bargaining unit: to be or not to be represented by a labor organization, and in the affirmative case, by which particular labor organization. [Reyes v Trajano, 1992]

*WHEN: (IN ALL ELECTIONS): The election shall be set on regular business day.

*WHO MAY FILE – Any legitimate labor organization

ART. 271 (Employer as Bystander) – In all cases, the employer shall not be considered as a party in a certification election with a concomitant right to oppose a petition for certification election. However, the employer is entitled to 2 things:

a. being notified or informed of petitions of such nature;b. submitting the list of employees during the pre-election conference should the Med-Arbiter act favourably on the petition

- Must determine who among the employees be entitled to vote (those not to be counted by reason of standing, status or position)

ex: omit those who are suspended, retired, on leave. Pay slips prior the conduct of the certification election may be used as a list.

*WHERE TO FILE: To BLR Regional Office which issued the petitioning union’s certificate of registration or certificate of creation of chartered local or to the Med Arbiter of DOLE

*WHEN TO FILE PETITION FOR CERTIFICATION ELECTION:- Within the 60 day freedom period (It is 60 days before a Collective Bargaining Agreement (CBA) expires. It is referred to as the “freedom period” when rival union representation can be entertained during the existence of a CBA. It is during this particular period when the majority status of the incumbent bargaining agent can be challenged.) NOTE: 60 day freedom period is specific.

EXCEPTION: Instances where there can be filing not within the freedom period:1. If the CBA was not registered with DOLE, a legitimate labor organization may challenge the incumbency of

current bargaining unit.2. If the CBA contains provision lower that the statutory standards

Reason: The union that represents the employees must make sure that the best possible condition of employment for the employees.

Example: If the minimum wage in a particular region has not been met.3. If the union has misrepresented itself/submitted falsified documents.4. If the union entered into incomplete CBA

There are mandatory requirements in CBA. If those are absent, the CBA is incomplete Example: Grievance and Machinery Clause, No strike no lockout clause, voluntary arbitration clause

5. Incumbent bargaining representative is prohibited to have collective bargaining negotiation prior the 60 day freedom period. If this is violated, other legitimate labor organization may file for certification election.

6. If there is an internal dispute that the union is so disorganized that they can no longer have good work. Reason: Because a fractionalized legitimate labor organization will not be effective in representing the

employees.

*Nature of the proceeding-It is not litigation, but a mere investigation of a non-adversary character. The object of the proceedings is merely the

determination of proper bargaining units and the ascertainment of the will and choice of the employees in respect of the selection of the bargaining representative.

-It is the most DEMOCRATIC and most efficacious/ effective way of determining the will of the bargaining unit.-It is a STATUTORY POLICY-Certification election is the fairest and most effective way of determining which labor organization can truly represent

the working force.-A certification election is different from a union election. In a union election, the objective is to elect union officers.

Therefore, only union members may vote in a union election while every member of an appropriate bargaining unit can vote in a certification election.

*WHO ATTENDS PRELIMINARY CONFERECE?-All contending unions, not the employees. The contending unions will state who are the employees to be

excluded.

*MANNER TO BE HELD (REQUISITES/THINGS TO CONSIDER)1. Determine WON there is only 1 legitimate labor organization in the appropriate bargaining unit

-If there is only one, then must have voluntary recognition.2.Determine WON the establishment is organized or unorganized

Organized- one where there exists incumbent bargaining representative unionized with a CBA. REQUISITES:

a. There must be a verified petition signed by the designated officer or union president to be submitted to the DOLE within the 60 day freedom period.

b. If it failed to submit the verified petition, it shall not be given due course. The remedy is to have a petition, have it verified and submit it.

c. For the purposes of filing certification election, there must be 25% support from the employees in the appropriate bargaining unit.

Unorganized-one with no bargaining agent. No petition needs to be verified. It can file for petition for certification

anytime. * Does DOLE need to wait for LLO to file for certification election if it found out that the establishment has no CBA? –NO. It is automatically conducted by DOLE in case no LLO files.* Who may file petition for certification election?

Any LLO Employer, in a case when LLO requests for certification election and the employer is in doubt. The

employer may file for certification election for NO UNION v. LLO

*Procedure(a) A petition for certification shall be filed by a legitimate labor organization. (b) Upon filing of the petition, the Med- Arbiter shall automatically conduct a certification election.

*CANCELLATION OF PETITION FOR CERTIFICATION ELECTION1.When the petition for certification election is filed by a labor organization that is not found in the Registry. Hence, filed

by a non-legitimate labor organization. (Legitimate labor organization is any organization duly registered with the DOLE, and includes any branch or local thereof.

2. If the petition for certification election is not filed within the freedom period because there is no valid filing Must check the verified petition to see if the petition for certification election is filed within the freedom period If no express statement, look at the CBA or prior certification election

3. Failure of the legitimate labor organization to submit evidence supporting that they have 25% support from the employees within the bargaining unit.

The requisite written consent representing substantial support of the workers in the bargaining unit applies to petitioners for certification only, and not to motions for intervention.

NOTE: DOLE regulates the conduct of the petition for certification election and must be observed in relation to IRR. At the time of the expiry of the CBA and there is no negotiation, the existing provision in the previous CBA may

be carried over.

*Bar to certification election(a) Certification Bar Rule One year bar rule (b) Negotiation bar rule (c) Deadlock bar rule (d) Contract bar rule

a.Certification one year bar ruleNo certification election may be held within 1 year from the fact that voluntary recognition has been entered, or

a valid certification, consent or run-off election has been conducted within the bargaining unit. [Book V, Rule VIII, Sec 3 (a)]

If appealed, the reckoning period is the date when the decision becomes final and executory.

b. Negotiation bar ruleA petition for certification election may be filed anytime EXCEPT:

(a) When the duly certified union has commenced and sustained negotiations in good faith with the employer (b) In accordance with Art. 250 of the Labor Code (c) Within one year period prior to the filing of the filing of the petition for certification election. [Book V, Rule VIII, Sec 3 (b)]

c.Bargaining deadlock bar ruleA petition for certification election may be filed anytime, EXCEPT: when a bargaining deadlock to which an

incumbent or certified bargaining agent is a party had been submitted to conciliation or arbitration or had become the subject of a valid notice of strike or lockout; [Book V, Rule VIII, Sec. 3 (c)]

If a union had won and negotiation has commenced but it is caught in a deadlock, the deadlock itself is a barrier in holding a certification election.

In other words, if the one year period for negotiation has lapsed and there is a deadlock with respect to the negotiation of the CBA, no petition for certification election shall be entertained.

A “deadlock” is defined as the “counteraction of things producing entire stoppage; a state of inaction or of neutralization caused by the opposition of persons or of factions [as in government or voting body]; standstill.” [Divine World University v Sec of Labor and Employment, 1992]

d. Contract Bar RuleWhile a valid and registered CBA is subsisting, the BLR is not allowed to entertain any petition for certification

election or any other action which may disturb the administration of the duly registered existing collective bargaining agreements affecting the parties. Hence, there must be respect to the 5 year representation status of the union.

The contract bar rule shall not apply: (a) When the petition is filed during the freedom period in Articles 253, 253-A, and 256. (b) When the CBA is incomplete (c) When the CBA is substandard (d) When the CBA is prematurely renewed (e) When the CBA is unregistered

3. Run-off election-Off shoot of certification election-"Run-Off" refers to an election between the labor unions receiving the two (2) higher number of voters when a

certification election which provides for three (3) or more choices results in no choice receiving a majority of the valid votes cast, where the total number of votes for all contending unions is at least fifty percent (50%) of the number of votes cast.

Requirements(1) majority of the bargaining unit voted (first majority of the double majority rule)(2) three or more choices (note: “no union” is a choice)(3) not one of the choices receives a majority of the valid votes cast(4) total number of votes for all contending unions is at least 50% of the total number of votes cast [this means that at least 50% of the bargaining unit wants to have a union](5) the run-off election shall be conducted between the labor unions receiving the two highest number of votes

NOTE: Double Majority Rule

-To have a valid election, at least a majority of all eligible voters in the unit must have cast their votes. The labor union receiving the majority of the valid votes cast shall be certified as the exclusive bargaining agent of all the workers in the unit.

-A union, in order to be determined as the sole and exclusive bargaining agent, must be voted by majority of voters whose number must be the majority of all employees in the bargaining unit.

Ex: There are 200 employees. The majority voters are 101. The majority vote must be 52.

A- obtained 30%B- obtained 40%C- obtained 0%

-Here, B will not be the sole and exclusive bargaining agent because it did not obtain the majority vote which is 52. In a run off election, there shall be election between the 2 highest contenders(A and B) provided that the total votes are equal to the majority vote which is 52. Here, the combined vote is 70.

A- 1B-50C-0No Union- 6

-There is no need for run off election because the votes of A and B are not equal to majority. Run off election does not include “No Union”

4. Re-run election.- A motion for the immediate holding of another certification or consent election can be filed within six (6) months from

the date of the declaration of failure of election.

5. Consent Election

-"Consent Election" means the election voluntarily agreed upon by the parties to determine the issue of majority representation of all the workers in the appropriate collective bargaining unit.

-The contending unions may agree to the holding of an election. In which case, it shall be called a consent election. The Med-Arbiter shall forthwith call for the consent election reflecting the parties’ agreement and the call in the minutes of the conference.

*DIFFERENCE WITH CERTIFICATION ELECTION-It is different from certification election that there may or may not be intervention by the DOLE. Hence, they

can elect among themselves.-In certification election, employees are voting for the sole and exclusive bargaining agent for collective

bargaining. In consent election, the employees will choose who among the several unions will administer the CBA.

*ELECTION PROTEST-Allowed but the protest must be raised at the earliest possible time and this is at the time of election

proceedings. -Election protest is given due course only if done provided for in the minutes.*Failure to take part in previous elections is no bar to the right to participate in future elections. No law, administrative rule or precedent prescribes forfeiture of the right to vote by reason of neglect to exercise the right in past cases. [Reyes v. Trajano, 1992]*At the expiration of the freedom period and no petition for certification election is filed, the employer shall continue to recognize the majority status of incumbent bargaining agent.