1
74
2005 Centralized Bar Operations San Beda College of Law19
Memory Aid in Labor Law
1. defect which is congenital or acquired during minority
2. legitimate spouse living with the employee
3. the parents of said employee wholly dependent upon him for
regular support
BENEFITS
1. for life to the primary beneficiaries, guaranteed for five
years
2. for not more than 60 months to the secondary beneficiaries in
case there are not primary beneficiaries
3. in no case shall the total benefit be less than
P15,000.00
BENEFICIARIES
PRIMARY BENEFICIARIES
A. dependent spouse until he remarries
B. dependent children (legitimate, legitimated, natural born or
legally adopted)
SECONDARY BENEFICIARIES
A. illegitimate children and legitimate descendants
B. parents, grandparents, grandchildren
TITLE III
MEDICARE(Repealed by National Health Insurance Act of 1995)
(See annex for PHILHEALTH)
PAG-IBIG Law- creates a provident savings system for employees,
public and private, with housing as the primary investment.
BOOK FIVELABOR RELATIONS
TITLE I
POLICY AND DEFINITIONS
( ART. 211. DECLARATION OF POLICY
( LABOR RELATIONS the interactions between the employer and
employees and their representatives and the mechanism by which the
standards and other terms and conditions of employment are
negotiated, adjusted and enforced.
( LABOR RELATIONS LAW those intended to stabilize the relations
of employees and their employers, adjust differences between them
through the encouragement of collective bargaining, and settle
labor disputes through conciliation, mediation and arbitration.
it defines the status, rights, and duties and the institutional
mechanisms that govern the individual and collective interactions
of employers, employees or their representatives.
Absent an employer-employee relation, there is no labor
relations to speak of.
Collective bargaining process is possible only when there is a
labor organization, i.e., (1) labor union or (2) employee
association.
POLICY is intended to install industrial democracy centered on
collective bargaining, leading to social justice as the end
goal.
PARTIES TO LABOR RELATIONS CASES:
1. employees organization,
2. management, and
3. the public
The public is always to be considered in disputes between labor
and capital, and it has been held that the rights of the general
public are paramount.
( Labor relations policy under the LC is embodied in Section 3
Article XIII of the 1987 Constitution which guarantees to all
workers their right among others to:1. Self-organization,
2. Collective bargaining and negotiations,
3. Peaceful and concerted activities including the right to
strike in accordance with law, and
4. Participate in policy and decision-making processes affecting
their rights and benefits as may be provided by law.
( ART. 212. DEFINITIONS
(EMPLOYER- one who employs the services of others; one for whom
employees work and who pays their wages or salaries.
any person acting in the interest of an employer, directly or
indirectly. The term does not include a labor organization or any
of its officers and agents, except when acting as an employer.
(EMPLOYEE- one who works for an employer; a person working for
salary or wages.
Shall not be limited to the employees of a particular employer,
and 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:
1. Substantially equivalent and
2. Regular employment (Art.212f)
ICAWO vs. CIR (16 SCRA 562): The category of any employee is so
broad as to justify employee status for supervisors, regular
workers, casual employees, emergency laborers, substitute workers,
seasonal workers, part-time workers and other special work
groups.
APEX MINING CO., vs. NLRC (196 SCRA 251): Laundrywoman not
actually serving the family of the employer but working in the
staff houses or within the premises of the employers business is a
regular employee and is not included in the definition of domestic
helper.
FELIX vs. BUENASEDA (240 SCRA 139): Residency or resident
physician position in a medical specialty is not employment but
connotes training and temporary status. (No E-E relationship)
( WORKERS ASSOCIATION - any association of workers organized for
the mutual aid and protection of its members or for any legitimate
purpose other than for collective bargaining.
( INDEPENDENT UNION It refers to any labor organization
operating at the enterprise level whose legal personality is
derived through an independent action for registration with the
Bureau of Labor Relations (BLR) of the Department of Labor and
Employment prescribed under Art. 234. It may be affiliated with a
federation, national or industry union, in which case it may also
be referred to as an affiliate.
(FEDERATION - any labor organization with at least 10
locals/chapters or affiliates each of which must be a duly
certified or recognized as the sole and exclusive collective
bargaining agent of the employees of an appropriate bargaining
unit.
(LEGITIMATE WORKERS ASSOCIATION refers to an association of
workers organized for mutual aid and protection of its members of
for any legitimate purpose other than collective bargaining
registered with the Department in accordance with Rule III,
Sections 2-C and 2-D of these rules.
( LABOR MANAGEMENT COUNCIL
Deals with the employer on matters affecting the employees
rights, benefits and welfare.
Purposes are to:a. promote gainful employment
b. improve working conditions and
c. achieve increased productivity (RA 6971)(LABOR ORGANIZATION
any union or association of employees which exists in whole in part
for the purpose of collective bargaining with employers concerning
terms and conditions of employment.
(LEGITIMATE LABOR ORGANIZATION- any labor organization which is
duly registered with the Department of Labor. The term includes a
local/chapter of the Bureau of Labor Relations directly chartered
by a legitimate federation or national union which has been duly
reported to the Department in accordance with Rule VI, Section 2 of
Book V of the Rules Implementing the LC.
( LABOR DISPUTE includes any controversy or matter
concerning:
1. terms or conditions of employment OR
2. the association or representation of persons in negotiating,
fixing, maintaining, changing or arranging the terms and conditions
of employment
REGARDLESS of whether the disputants stand in the proximate
relation of employer and employee.
The test of whether a labor controversy comes within the
definition of a labor dispute depends on whether it involves or
concerns terms, conditions of employment, or representation.
( TYPES OF LABOR DISPUTES:
1. Labor Standards Disputes
a. Compensation [e.g., underpayment of minimum wage; stringent
output quota; illegal pay deductions]
b. Benefits [ e.g., nonpayment of holiday pay, overtime pay or
other benefits]c. Working conditions [e.g., unrectified work
hazards]2. Labor Relations Disputes
a. Organizational right dispute/ unfair labor practice [e.g.,
coercion, restraint or interference in unionization efforts;
reprisal or discrimination due to union activities; company
unionism]
b. Representation disputes [e.g., determination of the
collective bargaining unit; ULP strike; uncertainty as to
determination of the sole and exclusive bargaining agent of the
employees in an appropriate bargaining unit which is the majority
union]
c. Bargaining disputes [e.g., refusal to bargain (ULP);
bargaining deadlock; economic strike or lockout]
d. Contract administration or personnel policy disputes [e.g.,
noncompliance with CBA provisions (ULP if gross noncompliance with
economic provisions); disregard of grievance machinery; violation
no strike/no lockout agreement]
e. Employment tenure disputes [e.g., non regularization of
employees; illegal termination; non-issuance of employment
contract]
( PARTIES TO A DISPUTE:
1. Primary Parties employer, employees, union
2. Secondary Parties voluntary arbitrator, agencies of DOLE
(BLR, VAC), NLRC, Sec. of Labor, Office of the President
TITLE II
NATIONAL LABOR RELATIONS COMMISSION
CHAPTER I
CREATION AND COMPOSITION
( ART. 213. NATIONAL LABOR RELATIONS COMMISSION
( NLRC an administrative body with quasi-judicial functions and
the principal government agency that hears & decides
labor-management disputes; attached to the DOLE for program &
policy coordination only.
POWERS of the NLRC as amended by R.A. 6715
EN BANC
1. Promulgating rules & regulations governing the hearing
& disposition of cases before any of its divisions and regional
branches and formulating policies affecting its administration and
operations.
2. Under R.A. 7700: to allow cases within the jurisdiction of
any division to be heard and decided by any other decision whose
docket allows the additional workload.
DIVISION
1. Exercises adjudicatory or appellate power over decisions of
Labor Arbiters and Regional Directors of the DOLE over monetary
claims not over P5,000.00 and all other powers, functions and
duties through its divisions.
( TRIPARTISM
The NLRC is composed of five (5) divisions.
Three (3) sectors are represented in the composition of the
NLRC.
Each division composed of three commissioners will have
representatives from the following:
1. from the public sector- nominated by the Secretary of
Labor
2. workers organizations- nominated by the labor federation
3. employer and management sector- nominated by the Employers
Confederation of the Philippines (ECOP)
( QUALIFICATIONS OF THE CHAIRMAN AND THE COMMISSIONERS:
1. must be a member of the Philippine Bar;
2. must have been engaged in the practice of law in the
Philippines for at least 15 years;
3. must have experience or exposure in handling labor management
relations for at least 5 years; and
4. preferably a resident of the region where he is to hold
office.
The appointment of the Chairman and the Commissioners of the
NLRC are not subject to confirmation by the Commission on
Appointments. QUALIFICATIONS OF EXECUTIVE LABOR ARBITERS/LABOR
ARBITERS:
1. must be members of the Philippine Bar;
2. must have been engaged in the practice of law in the
Philippines for at least 7 years; and
3. must have experience or exposure in handling labor management
relations for at least 3 years.
( TERM OF OFFICE OF THE CHAIRMAN, COMMISIONERS, AND LABOR
ARBITERS:
They shall hold office during good behavior until they reach the
age of 65 unless removed for causes as provided by law or become
incapacitated to discharge the function of his office.
A. EXCLUSIVE AND ORIGINAL JURISDICTION OF THE NLRC:
1. Cases certified to it for compulsory arbitration by the
Secretary of Labor under Art. 263 certified cases;
2. Injunction cases under Art. 218 and 264; and
3. Contempt casesB. EXCLUSIVE APPELLATE JURISDICTION OF THE
NLRC:
1. Cases decided by labor arbiters under Art 217b of the Labor
Code and Sec 10 RA 8012(Migrant Workers Act); and
2. Cases decided by the Regional Offices of DOLE in the exercise
of its adjudicatory function under Art 129 of the Labor Code over
monetary claims of workers amounting to not more that P5,000.00
( THE NLRC ONLY SITS EN BANC FOR PURPOSES OF:
a. promulgating rules and regulations governing the hearing and
disposition of cases before any of its divisions and regional
branches, and
b. formulating policies affecting its administration and
operations.
The Commission may only sit en banc for the determination of
policies and NOT for purposes of adjudication. (RA 6715)
Adjudication of cases certified to the NLRC, or appealed to it
from the decision of its Labor Arbiters are referred to and decided
by its five (5) divisions.
-Petitions for certiorari (Rule 65) against decisions of the
NLRC should henceforth be initially filed with the Court of Appeals
in strict observance of the doctrine on the hierarchy of courts as
the appropriate forum for the relief desired. The Court of Appeals
is procedurally equipped to resolve unclear or ambiguous factual
finding, aside from the increased number of its component
divisions. (St. Martins Funeral Homes vs. NLRC; G.R. No.
130866)
Findings of facts of a labor tribunal are accorded the utmost
respect by the courts and are well-nigh conclusive if supported by
substantial evidence.
Labor cases are not subject to Barangay Conciliation since
ordinary rules of procedure are merely suppletory in character
vis--vis labor disputes which are primarily governed by labor
laws.
The failure of the petitioner to file a motion for
reconsideration of the decision of NLRC before filing a petition
for certiorari has in certain instances been held not to be a fatal
omission.
In certain cases however the filing of a Motion for
Reconsideration is deemed a condition sine qua non for the filing
of a Petition for Certiorari.
CHAPTER II
POWERS AND DUTIES
( ART. 217. JURISDICTION OF LABOR ARBITERS AND THE
COMMISSION
( EXCLUSIVE AND ORIGINAL JURISDICTION OF LABOR ARBITERS:- Except
as otherwise provided under this Code the Labor Arbiters shall have
original and exclusive jurisdiction to hear and decide, within 30
calendar days after the submission of the case by the parties for
decision without extension, even in the absence of stenographic
notes, the following cases involving all workers, whether
agricultural or non-agricultural:
1. ULP cases;
2. TERMINATION disputes;
3. If accompanied WITH A CLAIM FOR REINSTATEMENT, those cases
that workers may file involving wages, rates of pay, hours of work
and other terms and conditions of employment;
4. Claims for actual, moral, exemplary and other forms of
DAMAGES arising from employer-employee relations;
5. Cases arising from any violation of Art 264 of this Code,
including questions involving the legality of strikes and
lockouts;
6. Except claims for Employees Compensation, Social Security,
Medicare and maternity benefits, all other claims arising from
employer-employee relations, including those of persons in domestic
or household service, involving an amount exceeding P5,000.00
regardless of whether accompanies with a claim for
reinstatement;
7. Monetary claims of overseas contract workers under the
Migrant Workers Act of 1995; and8. Claims of employees against
GOCCs if the latter does not have an original charter and has been
incorporated under the Corporation Code.
Although the provision speaks of EXCLUSIVE AND ORIGINAL
JURISDICTION OF labor arbiters, the cases enumerated may instead be
submitted to a voluntary arbitrator by agreement of the parties
under Art. 262. The law prefers voluntary over compulsory
arbitration.
( Cases which must be disposed of by the labor arbiter by
referring the same to the grievance machinery and voluntary
arbitration:
a. Disputes on the interpretation or implementation of CBA
and
b. those arising from the interpretation or enforcement of
company personnel policies.
The labor arbiter and the NLRC have no jurisdiction over claims
filed by employees against international agencies such as IRRI, WHO
etc. unless they expressly waive their immunity. (Lasco vs.
UNRFNRE)
They also have no jurisdiction over illegal dismissal cases of
corporate officers which fall under PD 902-A and now fall under the
jurisdiction of the Regular Courts pursuant to the New Securities
Regulation Code. [Formerly under the jurisdiction of the Securities
and Exchange Commission (SEC) (Dily-Daly Nakpil vs NLRC)] In the
absence of service of summons or a valid waiver thereof, the
hearings and judgment rendered by the labor arbiter are null and
void.
( COMPULSORY ARBITRATION: The process of settlement of labor
disputes by a government agency which has the authority to
investigate and make and award binding to the parties.
(The NLRC may conduct compulsory arbitration only in national
interest cases referred to it by the DOLE secretary.
( Labor arbiters jurisdiction is employment related.
( ART. 218. POWERS OF THE COMMISSION
( POWERS OF THE NLRC:
a. Rule-making power [promulgation of rules & regulations
governing disposition of cases before any of its divisions/regional
offices]
b. Power to issue compulsory processes [administer oaths, summon
parties, issue subpoenas]
c. Power to investigate matters and hear disputes within its
jurisdiction [adjudicatory poweroriginal & appellate
jurisdiction over cases]
d. Contempt power [218]
e. Power to issue injunctions and restraining orders
( PROCEDURE FOR THE ISSUANCE OF RESTRAINING ORDER/
INJUNCTION:
a. filing of a verified petition b. hearing after due and
personal notice has been served in such manner as the Commission
shall direct, to:
a. all known persons against whom the relief is sought and
b. also to the Chief Executive or other public officials of the
province or city within which the unlawful acts have been
threatened or committed charged with the duty to protect the
complainants property.c. reception at the hearing of the
testimonIES of witnesses with opportunity for cross- examination,
in support of the allegations of the complaint made under oath as
well as testimony in opposition theretod. finding of fact of the
Commission to the effect that :
prohibited or unlawful acts have been threatened and will be
committed, or have been committed and will be continued unless
restrained, but no injunction or temporary restraining order shall
be issued on account of any threat, prohibited or unlawful act,
except against the persons, association or organization making the
threat or committing the prohibited or unlawful act or actually
authorizing or ratifying the same after actual knowledge
thereof.
That substantial and irreparable injury to the complainants
property will follow
That as to each item of relief to be granted, greater injury
will be inflicted upon complainant by the denial of the relief than
will be inflicted upon the defendants by the granting of the
relief
That complainants has no adequate remedy at law
That public officers charged with the duty to protect
complainants property are unable or unwilling to furnish adequate
protection.e. Posting of a bondIRREPARABLE INJURY: An injury which
cannot be adequately compensated in damages due to the nature of
the injury itself or the nature of the right or property injured or
when there exists no pecuniary standard for the measurement of
damages.
ADEQUATE REMEDY: One that affords relief with reference to the
matter in controversy and which is appropriate to the particular
circumstances of the case.
( The power of the NLRC to enjoin or restrain the commission of
any or all prohibited or unlawful acts under Art. 218 of the Labor
Code can only be exercised in a labor dispute.( REQUISITES BEFORE
TRO MAY BE ISSUED EX PARTE:1. The complainant shall allege that,
unless a TRO is issued without notice, a substantial and
irreparable injury to complaints property will be unavoidable;
2. testimony under oath is sufficient, if sustained, to justify
the Commission in issuing a temporary injunction upon hearing after
notice;
3. The complainant shall first file an undertaking with adequate
security/bond in an amount to be fixed by the Commission sufficient
to recompense those enjoined for any loss, expenses or damage
caused by the improvident or erroneous issuance of such order or
injunction, including all reasonable costs, together with a
reasonable attorneys fee, and expense of defense against the
granting of any injunctive relief sought in the same proceeding and
subsequently denied by the Commission.
The TRO shall be effective for no longer than 20 days and shall
become void at the expiration of said 20 days counted from the date
of the posting of the bond.
It may be lifted or it may be upgraded to a permanent
injunction.
The procedural and substantial requirements of Art 218 (e) must
be strictly complied with before an injunction may issue in a labor
dispute.
( THE FOLLOWING CAN ISSUE INJUNCTIONS/ TRO IN LABOR
DISPUTES:
1. President (ART. 263, g)
2. Secretary of Labor (ART. 263, g)
3. NLRC (218)
4. Labor Arbiters (ART. 217/RULE XI Sec. 1 of IR&R)
5. Regional Directors
6. Med- Arbiters
( ART. 219. OCULAR INSPECTION( The Chairman, any Commissioner,
labor Arbiter or their duly authorized representatives may, at
anytime during working hours:
a. Conduct an ocular inspection on any establishment, building,
ship, place or premises, including any work, material, implement,
machinery, appliance or any object therein; and
b. Ask any employee, laborer, or any person as the case may be
for any information or date concerning any matter or question
relative to the object of the investigation
( ART. 221. TECHNICAL RULES NOT BINDING AND PRIOR RESORT TO
AMICABLE SETTLEMENT
( The NLRC may disregard technical rules of procedure in order
to give life to the constitutional mandate affording protection to
labor. (Principe vs. Philippine-Singapore Transport Services
Inc.)
( RES JUDICATA applies only to judicial or quasi-judicial
proceedings and not to the exercise of administrative powers.
( APPROVAL OF AN AMICABLE SETTLEMENT BY A LABOR ARBITERAn
amicable settlement of a labor dispute should be approved by the
labor arbiter before whom the case is pending after being satisfied
that:
a. it was voluntarily entered into by the parties and
after having explained to them the terms and consequences
thereof.
PURPOSE: for the employees protectionbecause the labor arbiter
before whom the case is pending would be in a better position than
just any other person to personally determine the voluntariness of
the agreement and certify its validity (Periquet vs. NLRC).
( The Rules of Court are applied in a suppletory character.
( COMPROMISE, as a way of settling disputes is encouraged
through compromise, the parties, by making reciprocal
concessions, avoid litigation or put an end to one already
commenced.
( ART. 222. APPEARANCES AND FEES
(APPEARANCE OF NON-LAWYERS BEFORE THE COMMISSION:
GENERAL RULE: ONLY lawyers can appear before the NLRC or a Labor
Arbiter
EXCEPTIONS: Non-Lawyers can appear ONLY in the following
instances:
1. if they represent themselves;
2. if they represent their organization or members thereof;
or
3. if he is a duly accredited member of the legal aid office
duly recognized by the DOJ in cases referred thereto by the latter
or by the IBP.
ATTORNEYS FEES:
1. Art. 111 Labor Code (simple monetary claim)
The maximum amount to be given a lawyer for his legal assistance
rendered which is 10% of the total monetary award adjudged the
employees excluding the award for moral and exemplary damages. To
demand more than this is unlawful.
2. Art. 222
a. a. Attorneys fees for CBA negotiations and conclusion shall
be in the amount agreed upon by the parties to be taken from the
union funds and not from individual union members.
b. This article prohibits the payment of attorneys fees only
where the same is effected through forced contributions from the
workers form their own funds as distinguished from union funds.
c. Neither the lawyer nor the union itself may require the
individual workers to assume the obligation to pay the attorneys
fees from their own pockets. Any agreement to the contrary shall be
null and void.
( ARTICLE 211 VS ARTICLE 222
ART. 211ART. 222
Prohibits the award of attorneys fees which exceed 10% of the
amount of wages recovered.Prohibits the payment of attorneys fees
only when it is effected through forced contribution from the
workers from their own funds as distinguished from union funds
PURPOSE: to fix the limit on the amount of attorneys fees. The
victorious party may recover in any administrative or judicial
proceeding.PURPOSE: to prevent the imposition on the workers of the
duty to individually contribute their respective shares in the fee
to be paid to the attorney for his services to the union.
CHAPTER III
APPEAL
( ART. 223. APPEAL
( GROUNDS FOR APPEAL:
1. If there is prima facie evidence of abuse of discretion on
the part of the Labor Arbiter
2. If the decision, order or award was secured through fraud or
coercion, including graft and corruption;
3. If made purely on questions of law; and
4. If serious errors in the findings of facts are raised which
would cause grave or irreparable damage or injury to the
appellant.
( PERIODS WITHIN WHICH TO APPEAL:
A. decisions of the regional director:
within 5 calendar days from receipt of the order [129 LCRecovery
of wages and simple money claims of the amount not exceeding
P5,000.00].
B. decisions of the labor arbiter:
within 10 calendar days from the receipt of the decision.
The appeal must be under oath and must state specifically the
grounds relied upon and the supporting arguments.
Where the 10th day falls on a Saturday, Sunday or legal holiday,
the appeal may be filed on the next business day. (Rules of
Procedure of NLRC)
( PERIOD TO APPEALNOT EXTENDIBLE
It is the policy of the state to settle expeditiously labor
disputes. The perfection of an appeal within the statutory/
reglementary period is not only mandatory but also jurisdictional
and failure to do so renders the questioned decision final and
executory as to deprive the appellate court of jurisdiction to
alter the final judgment of the RDs and LAs. (Aboitiz Shipping
Employees Association vs. Trajano)( REQUISITES FOR THE PERFECTION
OF AN APPEAL TO THE NLRC:
1. Filing of a verified memorandum of appeal within the required
period of appeal;
2. In case of monetary award, when the appellee is the employer
he should file an APPEAL bond corresponding to the monetary award
excluding awards for moral and exemplary damages and attorneys
fees.
Where the employer failed to post a bond to perfect its appeal,
the remedy of the employee is a motion to dismiss the appeal, not a
petition for mandamus.
The intention of the lawmakers is to make the bond an
indispensable requisite for the perfection of an appeal by the
employer.
3. Appeal fee of P150;
4. Proof of service - furnish the other party with a copy of the
memo of appeal.
Failure to give a copy of the appeal to the appellee within 10
days is not fatal IF the latter was not prejudiced by the delay in
the service of said copy of the appealtechnical rules must yield to
the broader interest of substantial justice. (Modern Fishing Gear
Labor Union vs. Noriel)
A mere notice of appeal does not stop the running of the
reglementary period of appeal.( EXECUTION PENDING APPEAL - the
decision of the labor arbiter ordering the reinstatement of a
dismissed or separated employee shall be immediately executory
insofar as the reinstatement aspect is concerned and the posting of
an appeal bond by the employer shall not stay such execution.
There is no need for a motion for the issuance of writ of
execution on the reinstatement order as it is self-executory.
(Pioneer Texturizing Co. vs. NLRC)
( Perfection of appeal within the reglementary period is both
MANDATORY and JURISDICTIONAL. (ACDA vs NLRC; Volkschel vs NLRC)
( Non-service of the copy of the appeal/appeal memorandum to the
adverse party is not a jurisdictional effect and does not justify
dismissal of the appeal.
( AMOUNT OF APPEAL BOND: amount equal to the monetary award
exclusive of damages (moral and exemplary) plus attorneys fees.
( OPTIONS OF THE EMPLOYER IN COMPLYING WITH AN ORDER OF
REINSTATEMENT WHICH IS IMMEDIATELY EXECUTORY:
1. He can admit the dismissed employee back to work under the
same terms and conditions prevailing prior to his dismissal or
separation or to a substantially equivalent position if the former
position is already filled up, OR2. He can reinstate the employee
merely in the payroll with payment of the accrued salaries.
Failure to exercise one of the foregoing options may be
compelled under pain of contempt and the employer may be made to
pay instead the salary of the employee.
( A petition for relief from the decision of the labor arbiter
must strictly comply with 2 reglementary periods:
1. The petition must be filed within 60 days from knowledge of
the judgment; and
2. The petition must be filed within a fixed period of 6 months
from entry of such judgment.
Petitions filed beyond said period will no longer be
entertained.
( APPEAL FROM THE DECISION OF THE NLRC:
No law allows an appeal from a decision of the Secretary of
Labor, or the NLRC, or of a voluntary arbitrator. In these cases,
the special civil action of certiorari, prohibition or mandamus
under Rule 65 of the Rules of Court may be lodged with the Court of
Appeals. (St. Martins Funeral Home vs. CA)
No Motion for Reconsideration is allowed for any order, decision
or award of a Labor Arbiter. However a Motion for Reconsideration
of a Labor Arbiters decision, award or order which has all the
elements of an appeal may be treated as appeal. Only one Motion for
Reconsideration of the decision, award or order of the commission
on appealed cases before it. ( ART 224. EXECUTION OF DECISIONS,
ORDER, OR AWARDS
The decision of the Secretary of Labor, the Commission, the
Bureau or Regional Director the Labor Arbiter, the Med-Arbiter or
the Voluntary Arbitrator shall be final and executory after 10
calendar days from receipt thereof by the parties and shall be
executory within ten (10) years.
The foregoing may, upon its own initiative or on motion of any
interested party, issue a writ of execution on a judgment within 5
years from the date it becomes final and executory.
An independent action is required for the execution of the final
judgement within the next of following 5 years [ Phil. National
Railways vs NLRC (177 SCRA740, Sept. 19, 1989)] The immediate
execution of judgment should be undertaken only when the monetary
award had been carefully and accurately determined by the NLRC and
only after the employer is given the opportunity to be heard and to
raise objections to the computation.
TITLE III
BUREAU OF LABOR RELATIONS
( ART. 226. BUREAU OF LABOR RELATIONS
(Pursuant to E.O. 126, the NATIONAL CONCILIATION AND MEDIATION
BOARD (NCMB) has absorbed the conciliation, mediation and voluntary
arbitration functions of the BLR.
Jurisdiction over labor-management problems or disputes is also
exercised by other offices such as the DOLE regional offices, and
the Office of the Secretary, NLRC, POEA, OWWA, SSS-ECC, the
regional wage and productivity boards, NWPC, and even the regular
courts over intra-corporate disputes.
( EXCLUSIVE AND ORIGINAL JURISDICTION OF THE BLR
-to act at its own initiative or upon the request of either or
both parties on all:
1. intra- union conflicts
2. inter- union conflicts
3. all disputes, grievances or problems ARISING FROM OR
AFFECTING LABOR MANAGEMENT RELATIONS IN ALL WORKPLACES WHETHER
AGRICULTURAL OR NON-AGRICULATURAL. The parties may however, by
agreement, settle their differences by submitting their case to a
voluntary arbitrator rather than taking the case to the BLR.
( CASES WHERE THE BLR HAS NO JURISDICTION:
Those arising from the implementation or interpretation of
collective bargaining agreements which shall be subject of
grievance procedure and/or voluntary arbitration.
( INTRA-UNION DISPUTES refers to any conflict between and among
union members, including grievances arising from any violation of
the rights and conditions of membership, violation of or
disagreement over any provision of the unions constitution and
by-laws, or disputes arising from chartering or affiliation.
( 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.
COVERAGE OF INTER/INTRA-UNION DISPUTES (Sec. 1 Rule XI DO
40-03)
a. cancellation of registration of a labor organization filed by
its members or by any other labor organization;
b. conduct of election of union and workers association
officers/nullification of election of union and workers association
officers;
c. audit/accounts examination of union or workers association
funds;
d. deregistration of CBA;
e. validity/invalidity of union affiliation or
disaffiliation;
f. validity/invalidity of acceptance/non-acceptance for union
membership;
g. validity/invalidity of impeachment/ expulsion of union and
workers association officers;
h. validity/invalidity of voluntary recognition;
i. opposition to application for union and CBA registration;
j. violations of or disagreements over any provision in a union
or workers association constitution and by-laws;
k. disagreements over chartering or registration of labor
organizations and CBAs;
l. violations of the rights and conditions of union or workers
association membership;m. violations of the rights of legitimate
labor organizations, except interpretation of CBAs;
n. such other disputes or conflicts involving the rights to
self-organization, union membership, and collective bargaining
1. between and among legitimate labor organizations
2. between and among members of a union or workers
association
EXTENDED COVERAGE (Section 2 Rule XI DO 40-03)
Other related labor relations disputes shall include any
conflict between a labor organization and the employer or any
individual, entity, or group that is not a labor organization or
workers association. This includes:
1. cancellation of registration of unions and workers
associations; and
2. a petition for interpleader
( SPECIAL REQUIREMENTS AS TO THE FILING OF CASES:
A. INVOLVING ENTIRE MEMBERSHIP
1. The complaint must be signed by at least 30% of the entire
membership of the union and
2. It must also show exhaustion of administrative remedies.
B. INVOLVING A MEMBER ONLY - In such case only the affected
member may file the complaint.
Redress must first be sought within the union itself in
accordance with its constitution and by-laws EXCEPT under any of
the following circumstances:
a. futility of intra-union remedies
b. improper expulsion procedure
c. undue delay in appeal as to constitute substantial
injustice
d. the action is for damages
e. lack of jurisdiction of the investigating body
f. action of the administrative agency is patently illegal,
arbitrary, and oppressive
g. issue is purely a question of law
h. where the administrative agency had already prejudged the
case
i. where the administrative agency was practically given the
opportunity to act on the case but it did not.
Imposition of fees by the union affects the entire membership,
therefore it requires that the complaint should be signed by at
least 30% of the membership of the union.
( INTER-UNION DISPUTES -refers to any conflict between and among
legitimate labor organizations involving representation questions
for purposes of collective bargaining or to any other conflict or
dispute between legitimate labor organizations based on any
violations of their rights as labor organizations.
Who1. For grounds under Sec. 1:
a. any LLO
b. member(s) thereof specially concerned
2. For grounds under Sec. 2any party-in-interest
Where filed1. Regional Office that issued its certificate of
registration or certificate of creation of chartered local- If it
involves labor unions with independent registrations, chartered
locals, workers association, its officers or members
2. Directly with the BureauIf it involves a Federation/National
Unions/Industry Unions, its officers or members
Formal Require-ments1. in writing
2. verified under oath
3. contains the following averments
a. name, address and other personal circumstances of the
complainant(s) or petitioner(s);
b. name, address and other personal circumstances of the
respondent(s) or person(s) charged;
c. nature of the complaint or petition;
d. facts and circumstances surrounding the complaint or
petition;
e. cause(s) of action or specific violation(s) committed;
f. a statement that the administrative remedies provided for in
the constitution and by-laws
-have been exhausted or
-such remedies are not readily available to the complainant(s)
or petitioner(s) through no fault of his/their own or
-compliance with such administrative remedies does not apply to
complainant(s) or petitioner(s);
g. relief(s) prayed for;
h. certificate of non-forum shopping; and
i. other relevant matters
EFFECTS OF FILING/PENDENCY OF INTER/INTRA-UNION DISPUTE AND
OTHER LABOR RELATIONS DISPUTES (Section 3 Rule XI DO 40-03)
- The rights, relationships and obligations of the parties
litigants against each other and other parties-in-interest prior to
the institution of the petition shall continue to remain during the
pendency of the petition and until the date of finality of the
decision rendered therein. Thereafter, the rights, relationships
and obligations of the parties litigants against each other and
other parties-in-interest shall be governed by the decision so
ordered.
- The filing or pendency of any inter/intra-union disputes is
not a prejudicial question to any petition for certification
election and shall not be a ground for the dismissal of a petition
for certification election or suspension of proceedings for
certification election.( Summary of rules on Intra/inter-union
Disputes (Rule XI DO 40-03)
( MODES OF APPEAL IN INTRA/INTER-UNION DISPUTES (Rule XI DO
40-03)HOW (formal requirements)1. Under oath
2. Consist of a memorandum of appeal
3. Based on either of the following grounds:
a. Grave abuse of discretion
b. Gross violation of the Rules
4. With supporting arguments and evidence
PeriodWithin 10 days from receipt of decision
To whom appealable
1. Bureau of Labor Relationsif the case originated from the Med
Arbiter/Regional Director
2. Sec. Of Laborif the case originated from the Bureau
WHERE FILEDRegional Office or to the BLR, where the complaint
originated (records are transmitted to the BLR or Sec. Within 24
hours from receipt of the memorandum of appeal)
( DETERMINATION OF EMPLOYER-EMPLOYEE RELATIONSHIP:
Since the BLR has the original and exclusive jurisdiction to
decide, inter alia, all disputes, grievances or problems arising
from or affecting labor-management relations in all workplaces,
necessarily, in the exercise of this jurisdiction over
labor-management relations, the Med-Arbiter has the authority,
original and exclusive, to determine the existence of an
employer-employee relationship. (MY San Biscuits, Inc. vs. Laguesma
G.R. No. 9511, 22 April 1991)
In cases where there is overlapping of jurisdiction, determine
the principal issue. The agency that has jurisdiction thereon may
decide on the incidental issues.
( ADMINISTRATIVE FUNCTIONS OF THE BLR:
1. The regulation of registration of the labor unions;
2. The keeping of a registry of labor unions;
3. The maintenance of a file of CBAs. ART. 227. COMPROMISE
AGREEMENTS; and4. The maintenance of a file of all settlements or
final decisions of the Supreme Court, Court of Appeals, NLRC and
other agencies on labor disputes.
( REQUIREMENTS:
a. must be freely entered into;
b. must not be contrary to law, morals or public policy; and
c. must be approved by the authority before whom the case is
pending [see discussion on article 221approval of labor arbiter of
an amicable settlement in a case before him.
May be effected at any stage of the proceedings and even when
there is already a final executory judgment (2040 NCC).
Cannot be entered into when the final judgment is already in the
process of execution. (Jesalva vs. Bautista)
(FORMAL REQUIREMENTS OF A VALID COMPROMISE AGREEMENT:
1. in writing
2. signed in the presence of the regional director or his duly
authorized representative.
(With vs. Without Assistance of DOLE-COMPROMISE AGREEMENTS
Without assistance of DOLEWith the assistance of DOLE
a. Validity/Binding Effect- Valid and binding upon the parties-
Valid and binding upon the parties
b. Repudiation - Can be repudiated by the parties by going to
the Commission
NOTE: ULP cases are not subject to compromise.
- Can no longer be repudiatedbecomes final and binding upon the
parties upon execution EXCEPT
a. in case of non compliance with the compromise agreement;
or
if there is prima facie evidence that the settlement was
obtained through fraud, misrepresentation, or coercion
(OPTIONS WHEN COMPROMISE AGREEMENT IS VIOLATED:
1. enforce compromise by writ of execution
2. regard it as rescinded and insist upon original demand.
( REQUIREMENTS OF A VALID QUITCLAIM:
1. The quitclaim must be voluntarily arrived at by the
parties;
2. It must be with the assistance of the Bureau of Labor
Standards, Bureau of Labor Relations or any representative of the
DOLE; and
3. The consideration must be reasonable (required only when
entered without the assistance of DOLE)
Dire necessity is not an acceptable ground for annulling the
releases, especially in the absence of proof that the employees
were forced to execute them. (Veloso vs. DOLE)
WAIVER OF REINSTATEMENT like waivers of money claims, a waiver
of reinstatement must be regarded as a personal right which must be
exercised personally by the workers themselves. (Jag & Haggar
Jeans and Sportswear Corp. vs. NLRC) ART 231. REGISTRY OF UNIONS
AND FILE OF COLLECTIVE AGREEMENT
The CBA is more than a contract, it is highly impressed with
public interest for it is an essential instrument to promote
industrial peace.
Must be filed directly with the Bureau or the Regional Offices
of DOLE within thirty (30) days from execution.
An unregistered CBA does not bar certification election
[contract bar rule will not apply in the absence of registration.
[See discussion on Arts. 253 & 253-A]
( Registration of the CBA is not a requisite for its
validity.
LIBERTY FLOUR MILLS EMPLOYEES v. LFM, INC. 180 SCRA 668
( 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 the same has been certified by
the BLR.
( ART 232. PROHIBITION ON CERTIFICATION ELECTION
CONTRACT BAR RULE: provides that while a valid and registered
CBA is subsisting for a fixed period of 5 years , the Bureau is not
allowed to hold an election contesting the majority status of the
incumbent union except during the sixty (60) day period immediately
prior to its expiration, which period is called the freedom
period.
( The existence of the CBA bars the holding of an inter-union
electoral contest and the filing of the Petition for Certification
Election except within the freedom period.
PURPOSE: to minimize union politicking until the proper time
comes.( ART 233. PRIVILEGED COMMUNICATION
PRIVILEGED COMMUNICATION: Any statement of such privacy that the
law exempts the person receiving the information from the duty to
disclose it.
( Information and statements made at conciliation proceedings
shall be treated as privileged communication and shall not be used
as evidence in the Commission.
Conciliators and similar officials may not testify in any court
or body regarding any matters taken up at conciliation proceedings
conducted by them.
TITLE IV
LABOR ORGANIZATIONS
CHAPTER IREGISTRATION AND CANCELLATION
( ART. 234. REQUIREMENTS OF REGISTRATION
(LABOR ORGANIZATION - Any union or association of employees
which exists in whole or in part for the purpose of:
a. collective bargaining or
b. of dealing with employer concerning terms and conditions of
employment.
It is the agent of the employees of an appropriate bargaining
unit.
PRINCIPLE OF AGENCY APPLIED
Principal employees
Agent local/chapter
Agent of agent federation
(LEGITIMATE LABOR ORGANIZATION or LABOR UNION
any labor organization duly registered with the Department of
Labor and Employment, and Bureau of Labor Relations.
Not every legitimate labor organization can act as bargaining
representative and be certified as such. This is true only of a
union that has won in certification election or has been
voluntarily recognized by the employer.
PURPOSE OF FORMATION OF LABOR UNIONS: for securing a fair and
just wages and good working conditions for the laborers; and for
the protection of labor against the unjust exactions of capital
MODES OF ACQUIRING LEGITIMACY FOR LABOR ORGANIZATIONS
1. Registration with the BLR (Independent Union)
2. Affiliation with a legitimate labor federation[Registration
requirements for labor organizations (as amended by DO 40-03)]
3. Application for registration
4. Attachments
name of the applicant labor union, its principal address;
the name of its officers and their respective addresses;
approximate number of employees in the bargaining unit where it
seeks to operate, with a statement that it is not reported as a
chartered local of any federation or national union; the minutes of
the organizational meeting(s) and the list of employees who
participated in the said meeting(s); the name of all its members
comprising at least 20% of the employees in the bargaining unit;
the annual financial reports if the applicant has been in existence
for one or more years, unless it has not collected any amount from
the members, in which case a statement to this effect shall be
included in the application; the applicants constitution and
by-laws, minutes of its adoption or ratification, and the list of
the members who participated in it. The list of ratifying members
shall be dispensed with where the constitution and by-laws was
ratified or adopted during the organizational meeting. In such a
case, the factual circumstances of the ratification shall be
recorded in the minutes of the organizational meeting(s).
(These are called reportorial requirements)
( The application for registration of labor unions xxx, shall be
certified under oath by its Secretary or Treasurer, as the case may
be, and attested by its president.
( The attachments must now be in one(1) original copy and two
(2) duplicate copies which shall accompany the application or
notice, and submitted to the Regional Office or the Bureau.
( A prescribed registration fee must be paid before the issuance
of the certificate of registration
Where to file application for registration:
1. For registration of independent labor unions, chartered
locals, workers associations shall be filed with the Regional
office where the applicant principally operates. It shall be
processed by the Labor Relations Division at the Regional
office.
2. Applications for registration of federations, national unions
or workers associations operating in more than one region shall be
filed with the bureau or the regional offices, but shall be
processed by the bureau.
MINISTERIAL DUTY OF THE BLR COMPELLABLE BY MANDAMUS- to review
the application for registration and not the issuance of a
Certificate of Registration.
- After a labor organization had filed the necessary papers and
documents for registration, it becomes mandatory for the BLR to
check if the requirements under Article 234 have been sedulously
complied with. If its application for registration is vitiated by
falsification and serious irregularities, especially those
appearing on the face of the application and the supporting
documents, a labor organization should be denied recognition as a
legitimate labor organization. (Progressive Development
Corporation-Pizza Hut vs. Laguesma et al., GR No. 115077, April 18,
1997)
( PURPOSE OF REGISTRATION - Registration with the BLR is the
operative act that gives rights to a labor organization.
It is the fact of being registered with the DOLE that makes a
labor organization legitimate in the sense that it is clothed with
legal personality to claim representational and bargaining rights
enumerated in Article 242 or to strike or picket under Article
263.
The requirement of registration is NOT a curtailment of the
right to association. It is merely a condition sine qua non for the
acquisition of legal personality by labor organizations,
associations or unions and the possession of the rights and
privileges granted by law to labor organizations.
A valid exercise of police power since the activities in which
labor organizations, associations, or unions of workers are engaged
affect public interest, which should be protected. (PAFLU vs. Sec.
Of Labor)(FEDERATION- any labor organization with at least 10
locals/chapters or affiliates each of which must be duly certified
or recognized as the sole and exclusive collective bargaining agent
of the employer they represent.
( REQUIREMENTS BEFORE A FEDERATION CAN BE ISSUED A CERTIFICATE
OF REGISTRATION:
Aside from the application, which must be accompanied with the
requirements for registration of a labor registration, the
application should also be accompanied by the following:
1. Proof of affiliation of at least 10 locals or chapters, each
of which must be a duly recognized sole and exclusive collective
bargaining agent in the establishment or industry in which it
operates, supporting the registration of such applicant federation
or national union;
2. The names and addresses of the companies where the locals or
chapters operate and the list of all the members in each company
involved.
( a local union MAY affiliate with a federation - The procedure
of affiliation would depend on whether the union is independently
registered or not.
Requirements of Affiliation (as amended by DO 40-03)
1. Report of affiliation of independently registered labor
union
2. Attachments:
a. resolution of the labor unions board of directors approving
the affiliation;
b. minutes of the general membership meeting approving the
affiliation;
c. the total number of members comprising the labor union and
the names of members who approved the affiliation;
d. the certificate of affiliation issued by the federation in
favor of the independently registered labor union; and
e. written notice to the employer concerned if the affiliating
union is the incumbent bargaining agent.
( A union of supervisory employees may affiliate with a national
federation of labor organizations of rank and file employees
provided that:
a. the federation is not actively involved in union affairs in
the company; and
b. the rank and file employees are not directly under the
control of the supervisors ONCE AFFILIATED, a local union MAY
DISaffiliate FROM THE federation.
INDEPENDENT REGISTRATIONCHARTERING
Obtained by union organizers in an enterprise through their own
action A duly registered federation/national union issues a charter
to a union in an enterprise and registers the charter with the
regional office or the BIR.
Indepen-dent union Chapter/local
With legal personality of its own No legal personality of its
own as long as it has not availed itself of independent
registration.
Application for registration is filed with and will be acted
upon by the DOLE regional office where the applicants principal
office is located. Charter certificate is issued by a federation or
national union is filed with the regional office or BLR with 30
days after the issuance of the charter certificate.
INDEPENDENTLY
REGISTERED
UNREGISTERED
a.HOW TO AFFILIATE
-by signing a contract of affiliation-by application of the
union with the federation for the issuance of a charter certificate
to be submitted to the Bureau accompanied by the following:
a. Copies of its constitution and by-laws
b. Statement of the set of officers and
Books of accounts, all of which must be certified by the
Secretary/Treasurer and attested to by the President. In such case,
the union becomes a local chapter of the Federation.
b. EFFECT OF DISAFFILIATION TO THE UNION [local]
- would not affect its being a legitimate labor organization and
therefore it would continue to have legal personality and to
possess all the rights and privileges of a legitimate labor
organization.upon severance, it would cease to be a legitimate
labor organization and would no longer have legal personality and
the rights and privileges granted by law to legitimate
organization, unless the local chapter is covered by a duly
registered collective bargaining agreement. In the latter case, the
local or chapter will not lose its legal personality until the
expiration of the CBA. After the CBA expires it will lose its legal
personality unless it registers as an independent union.
c. EFFECT OF DISAFFILIATION TO THE CBA
- an existing CBA would continue to be valid as the labor
organization can continue administering the CBA
The CBA would continue to be valid. The local chapter will not
lose its personality until the expiration of the CBA. After the CBA
expires the local union looses its personality, unless it registers
anew.
d. ENTITLEMENT TO UNION DUES AFTER DISAFFILIATION
-labor organization is entitled to the union dues and not the
federation from which the labor organization disaffiliated.- union
dues may no longer be collected as there would no longer any labor
union that is allowed to collect such union dues from the
employees.
Note: Follow the principle of agency between federation and
local.
Principal employees
Agent local/chapter
Agent of agent federation
WHEN TO DISAFFILIATE
GENERAL RULE: A labor union may disaffiliate from the mother
union to form an independent union only during the 60-day freedom
period immediately preceding the expiration of the CBA.
EXCEPTION: DISAFFILIATION BY MAJORITY
This happens when there is a substantial shift in allegiance on
the part of the majority of the members of the union. In such a
case, however, the CBA continues to bind the members of the new or
disaffiliated and independent union up to the CBAs expiration
date.
LIMITATION: disaffiliation should be in accordance with the
rules and procedures stated in the Constitution and by-laws of the
federation.
A prohibition to disaffiliate in the Federations constitution or
by-laws is validintended for its own protection.
( REVOCATION OF CHARTER BY THE FEDERATION - by serving the
local/chapter a verified notice of revocation, copy furnished the
Bureau on the ground of disloyalty or such other grounds as may be
specified in its constitution or by-laws.
The revocation shall divest the local chapter of its legal
personality upon receipt of the notice by the Bureau, unless in the
meantime the local chapter has acquired independent registration.
(Rule VIII Section 5 of the IRR)
(WORKERS ASSOCIATION: Association of workers for the mutual aid
and protection of its members or for any legitimate purpose other
than collective bargaining.
( ART. 236. DENIAL OF REGISTRATION; APPEAL
- Decisions of the BLR denying the registration of a labor
organization is appealable to the Secretary of Labor within 10
calendar days from receipt of the decision, on grounds of:
a. grave abuse of discretion; or
b. gross incompetence
even before the onset of the freedom period, disaffiliation may
still be carried out, but such disaffiliation must be effected by a
majority of the union members in the bargaining unit.
(decision of the regional office or the bureau denying the
application for registration shall be:
1. in writing
2. stating in clear terms the reason for the decision
3. applicant union must be furnished a copy of said decision
( ART. 238. CANCELLATION OF REGISTRATION; APPEAL
The certificate of registration of any legitimate labor
organization shall be cancelled by the BLR if it has reason to
believe, after due hearing, that the said labor organization no
longer meets one or more of the requirements prescribed by law.
( GROUNDS FOR CANCELLATION:
1. Failure to comply with any of the requirements prescribed
under Arts. 234 (requirements for registration of a labor union)
& 237 (addl. reqts. federation registration) of the Code.
2. Violation of any of the provisions of Art. 239 (grounds for
cancellation of union registration) of the Code
3. Commission of any of the acts enumerated under Art. 241
(rights and conditions of membership) of the code- No petition for
cancellation based on this ground 0may be granted unless supported
by at least 30% of all the members of the respondent labor
organization or workers association.
A pronouncement as to the illegality of the strike is not within
the meaning of Art. 239 of the Code which provides for the grounds
for cancellation of union registration.
MODES OF APPEAL
( EFFECT OF CANCELLATION OF REGISTRATION IN THE COURSE OF
PROCEEDINGS
- Where a labor union is a party in a proceeding and later it
loses its registration permit in the course or during the pendency
of the case, such union may continue as a party without need of
substitution of parties, subject however to the understanding that
whatever decision may be rendered therein will be binding only upon
those members of the union who have not signified their desire to
withdraw from the case before its trial and decision on the merits.
[Principle of Agency appliedthe employees are the principals, and
the labor organization is merely an agent of the former,
consequently, the cancellation of the unions registration, would
not deprive the consenting member-employees of their right to
continue the case as they are the considered as the principals](
ART 239. GROUNDS FOR CANCELLATION OF UNION REGISTRATION
( GROUNDS FOR CANCELLATION OF UNION REGISTRATION:
A. FRAUDULENT ACTS
1. Misrepresentation, False statement or Fraud in connection
with [RATIFICATION OF CONSTI/BY-LAWS]:
a. the adoption or ratification of the constitution and by-laws
or amendments thereto,
b. the minutes of ratification, and
c. the list of members who took part in the ratification.
2. Misrepresentation, false statement or fraud in connection
with the [ELECTION PAPERS]:
a. election of officers,
b. minutes of the election of officer and the list of voters,
or
c.failure to submit these documents together with the list of
the newly elected/appointed officers and their postal addresses
within 30 days from electionB. INACTION OR OMISSION
1. Failure to submit the following documents [RATIFICATION OF
CONSTI/BY-LAWS]:
a. the adoption or ratification of
the constitution and by-laws or
amendments thereto,b. the minutes of ratification, and
the list of members who took part in the ratification
*Within 30 days from adoption or ratification of the
constitution and by-laws or amendments thereto.2. Failure to submit
the Annual Financial report to the Bureau within 30 days after the
closing of every fiscal year and misrepresentation, false entries
and fraud in the preparation of the financial report itself;3.
Failure to submit a list of individual members of the Bureau once a
year or whenever required by the Bureau; and
4. Failure to comply with the requirements under Articles
237.
C. UNLAWFUL ACTS1. Acting as a labor contractor or engaging in
the cabo system, or otherwise engaging in any activity prohibited
by law;
2. Entering into collective bargaining agreements which provide
terms and conditions of employment below minimum standard
established by law [CBA-BELOW MINIMUM STANDARDS]; (Sweetheart
Agreements)
3. Asking for or accepting attorneys fees or negotiation fees
from the employers;
4. Other than for mandatory activities under this Code, checking
off special assessment or any other fees without duly signed
individual written authorization of the members [UNLAWFUL
ASSESSMENTS];CANCELLATION OF REGISTRATION
A. FOR:1. Legitimate individual labor union.
2. Chartered local
3. Workers association
WHERE TO FILE
Regional Director who has jurisdiction over the place where
respondent principally operates (30 days to decide).
WHO MAY FILE
Any party in interest, if ground is:
a. Failure to comply with any of the requirements under Arts.
234, 237 and 238 LC
b. Violation of any provision under Art. 239, LC
Take note of the cancellation proceedings if violation is D and
J of Art. 239, LC
REPORTING REQUIREMENTS OF LABOR UNIONS AND WORKERS ASSOCIATIONS
(Rule V DO 40-03)
- It shall be the duty of every legitimate labor union and
workers association to submit to the Regional Office or Bureau
which issued its certificate of registration or certificate of
creation of chartered local, as the case may be, two (2) copies of
each of the following documents:
a. any amendment to its constitution and by-laws and the minutes
of adoption or ratification of such amendments, within 30 days from
its adoption or ratification;
b. annual financial reports within 30 days after the close of
each fiscal or calendar year;
c. updated list of newly-elected officers, together with the
appointive offices or agents who are entrusted with the handling of
funds, within 30 days after each regular or special election of
officers, or from the occurrence of any change in the officers of
agents of the labor organization or workers association
d. updated list of individual members of chartered locals,
independent unions and workers associations within 30 days after
the close of each fiscal year; and
e. updated list of its chartered locals and affiliates or member
organizations, CBAs executed and their effectivity period, in the
case of federations or national unions, within 30 days after the
close of each fiscal year, as well as the updated list of their
authorized representatives, agents or signatories in the different
regions of the country.
( RULES ON ADMINISTRATIVE CANCELLATION OF CERTIFICATE OF
REGISTRATION OF LLOs DUE TO NON-COMPLIANCE WITH THE REPORTORIAL
REQUIREMENTS: When ProperFailure to comply with its legal duty to
submit the documents required to be submitted under Rule V of DO
40-03 for 5 consecutive years
Who may file the petition 1. Motu propio by the Bureau
2. Any party-in-interest
Three-Notice Requirement1st NoticeBureau shall send by
registered mail with return card notice for compliance indicating
the documents it failed to submit and the corresponding period in
which they were required, with notice to comply with the said
reportorial requirements and to submit proof thereof to the Bureau
within 10 days from receipt thereof
2nd Notice
Where no response is received by the Bureau within 30 days from
the release of the 1st notice, another notice for compliance shall
be made by the Bureau, with warning that failure on its part to
comply with the reportorial requirements within the time specified
shall cause the continuation of the proceedings for the
administrative cancellation of its registration
3rd Notice
Where no response is again received by the Bureau within 30 days
from release of the 2nd notice, the Bureau shall cause the
publication of the notice of cancellation of registration of the
labor organization in 2 newspapers of general circulation.
When no response is received by the Bureau within 30 days from
the date of publication or when the Bureau has verified the
dissolution of the labor organization, it shall order the
cancellation of registration of the labor organization and cause
its de-listing from the roster of legitimate labor
organizations
CHAPTER II
RIGHTS AND CONDITIONS OF MEMBERSHIP IN A LABOR ORGANIZATION
( ART. 241. RIGHTS AND CONDITIONS OF MEMBERSHIP IN A LABOR
ORGANIZATION
( GENERAL GROUPINGS OF THE RIGHTS OF THE UNION MEMBERS:
1. Political right - the right to vote and be voted for, subject
to lawful provisions on qualifications and disqualifications.2.
Deliberative and Decision-Making Right - the right to participate
in deliberations on major policy questions and decide them by
secret ballot.3. Rights Over Money Matters - the right of the
members:a. against imposition of excessive fees;
b. right against unauthorized collection of contributions or
unauthorized disbursements;
c. to require adequate records of income and expenses;
d. to access financial records;
e. to vote on officers compensation;
f. to vote on special assessment;
g. to be deducted a special assessment only with the members
written authorization.
4. Right to Information - the right to be informed about:
a. the organizations constitution and by- laws,
b. the collective bargaining agreement, and labor laws.
Any violation of the above rights and conditions of membership
shall be a ground for cancellation of union registration or
expulsion of an officer from office, whichever is appropriate. At
least 30% of all the members of the union or any member or members
specifically concerned may report such violation to the Bureau.
( PERSONS WHO ARE PROHIBITED FROM BECOMING MEMBERS/OFFICERS OF A
LABOR ORGANIZATION UNDER THE LABOR CODE (see also notes under Art.
243 on persons who are not granted the right to
self-organization):
1. Subversives or those engaged in subversive activities
[Art.241 (e)]
2. Persons who have been convicted of a crime involving moral
turpitude shall not be eligible for election as union officer or
for appointment to any position in the union. [Art. 241 (f)]
In general, a union is free to select its own members, and no
person has an absolute right to membership in a union.
LIMITATIONS [see discussion on union security arrangements under
Art. 248]:
a. The labor org. cannot compel employees to become members of
their labor organization if they are already member of rival
union.
b. persons mentioned in Art. 241(e) [subversives] of the labor
code are prohibited from becoming a member a labor
organization.
c. members of religious organization whose religion forbade
membership in labor organization could not be compelled into union
membership.
( REQUIREMENTS IN MAKING SPECIAL ASSESSMENTS or OTHER
EXTRAORDINARY FEES (Art. 241 [n]):
1. there must be a written resolution2. he resolution must have
been approved by a majority of all the members
3. the approval must be at a general membership meeting duly
called for that purpose
The secretary of the organization shall record the minutes of
the meeting including:
a. the list of all members present,
b. the votes cast, and
c. the purpose of the assessment or fees
The record shall be attested by the President.
Substantial compliance to the aforementioned procedure is not
enoughthe requirements must be strictly complied with in view of
the fact that the special assessment will diminish the compensation
of union members. (Palacol et. al vs. Ferrer-Calleja et. al)
( CHECK-OFF - a method of deducting from an employees pay at
prescribed period, the amounts due to the union for fees, fines or
assessments.
NATURE AND PURPOSE OF CHECK-OFF:
to facilitate the collection of dues necessary for the unions
life and sustenance.
Union dues are the lifeblood of the union.
(REQUIREMENTS WITH REGARD TO CHECK-OFFS (Art. 241 [o]):
- NO special assessment, attorneys fees, registration fees or
any other extraordinary fees may be checked off from any amount due
an employee WITHOUT an individual written authorization duly signed
by the employee.
The authorization should specifically state the:
a. amount
b. purpose and the beneficiary of the deduction.
( Jurisdiction over check-off disputes is with the Regional
Director of the DOLE, not the Labor Arbiter
( union dues vs. Agency fee
UNION DUESAGENCY FEE
a. DEDUCTED FROM- members of a union for the payment of union
dues.- non-members of the bargaining agent (union) for the
enjoyment of the benefits under the CBA.
b. CONSENT
- May not be deducted from the salaries of the union members
without the written consent of the workers affected- May be
deducted from the salary of employees without their consent.
Agency fee cannot be imposed on employees already in the service
and are members of another union. If a closed shop agreement cannot
be applied to them, neither may an agency fee, as a lesser form of
union security, be imposed to them. (NABAILU vs. San Miguel Brewery
Inc)
( EXCEPTION to the Requirement of Individual Written
Authorization:
1. For mandatory activities provided under the Code; and
2. When non-members of the union avail of the benefits of the
CBA.
said non-members may be assessed union dues equivalent to that
paid by members
only by a Board Resolution approved by majority of the members
in a general meeting called for the purpose
Will the employees-members of another union not be considered as
free riders?
No since when the union bids to be the bargaining agent, it
voluntarily assumes the responsibility of representing all
employees in the appropriate bargaining unit.( SPECIAL ASSESSMENT
vs. CHECK-OFF
SPECIAL ASSESSMENTSCheCK-OFF
a. HOW APPROVED
-by written resolution approved by majority of all the members
at a meeting duly called for that purpose
(Union Dues)
-by obtaining the individual written authorization duly signed
by the employee which must specify:
a. amount
b. purpose and
c. beneficiary of the deduction.
b. EXCEPTION TO SUCH REQUIREMENT
-no exceptionwritten resolution is mandatory at all
instances.(Agency Fees)
-not necessary if:
1. For mandatory activities provided under the Code; and
2. When non-members of the union avail of the benefits of the
CBA. Said non-members may be assessed agency fees equivalent to
that paid by members only by a Board Resolution approved by
majority of the members in a general meeting called for the
purpose.
CHAPTER III
RIGHTS OF LEGITIMATE LABOR ORGANIZATIONS
( ART. 242. RIGHTS OF LEGITIMATE LABOR ORGANIZATIONS
(RIGHTS OF A LEGITIMATE LABOR ORGANIZATION [USERFOE]:
1. Undertake activities for benefit of members
2. Sue and be sued
3. Exclusive representative of all employees
4. Represent union members
5. Furnished by employers of audited financial statements
6. Own properties
7. Exempted from taxes
TITLE V
COVERAGE
( ART. 243. COVERAGE AND EMPLOYEES RIGHT TO SELFORGANIZATION(
PERSONS/EMPLOYEES ELIGIBLE TO JOIN A LABOR ORGANIZATION FOR
PURPOSES OF COLLECTIVE BARGAINING:
1. All persons employed in commercial, industrial and
agricultural (CIA) enterprises, and
2. In religious, charitable, medical or educational (RCME)
institutions whether operating for profit or not
( PERSONS/EMPLOYEES ELIGIBLE TO JOIN A LABOR ORGANIZATION FOR
MUTUAL AID AND PROTECTION (AIRSIW):1. Ambulant,
2. Intermittent,
3. Rural,
4. Self-employed people
5. Itinerant workers and
6. workers without any definite employers,
( PERSONS/EMPLOYEES WHO ARE NOT GRANTED THE RIGHT TO
SELF-ORGANIZATION: (HEMACEN)
1. High-level government employees (E.O. 180 Sec. 3) (MANAGERIAL
GOVERNMENT EMPLOYEES)
GOVERNMENT OWNED OR CONTROLLED CORPORATIONS WITH AN ORIGINAL
CHARTERGOVERNMENT
OWNED OR CONTROLLED CORPORATIONS WITHOUT
ORIGINAL
CHARTER
a. LAW
- Employees cannot stage strikes since they are governed by the
Civil Service Law. They are enjoined by Civil Service Memorandum
Circular No. 6, under pain of administrative sanctions from staging
strikes, demonstrations, mass leaves, walkouts and other concerted
activities. - The GOCC is
created under
Corporation Code,
then employees are covered by the Labor
Code. Therefore
the employees have
the same rights as
those as employees
of private
corporations, one of
which is the right to
strike.
b. BARGAINING RIGHTS- Corporations with original charters cannot
bargain with the government concerning the terms and conditions of
their employment. However, they can negotiate with the government
on those terms and conditions of employment which are not fixed by
law. Thus, they have limited bargaining rights. - The GOCC is
created under
Corporation Code,
being governed by the Labor Code, they can bargain with the
government concerning the terms and
conditions of
their employment.
Thus, they have
unlimited bargaining
rights.
c.PURPOSE OF ORGANIZATION
- Can only form, join or assist labor organization for purposes
not contrary to law.- Can form, join or
assist labor
organization for
purposes of CBA, etc.
2. Employees of international organizations with immunities
(ICMC vs. Calleja)3. Managerial employees
whose functions are normally considered as policy-making or
managerial
whose duties are of a highly confidential or highly technical in
nature (212 LC)
4. Members of the Armed Forces of the Philippines, including
police officers, policemen, firemen and jail guards (E.O. 180 Sec.
4);
5. Confidential employees (Metrolab vs. Confesor)
6. Employees of cooperatives who are members (Benguet Elec.
Coop. vs Calleja)7. Non-Employees (Rosario Bros. vs Ople)Foreigners
validly working in the Philippines [with permit from DOLE] can form
labor organizations, provided the same right to form, join or
assist in the formation of labor unions is also given to Filipinos
in their country of origin. This embodies the principle of
reciprocity.
May Security Guards form a labor organization?
YES. Under RA 6715, they may now freely join a labor
organization of the rank-and-file or that of the supervisory union,
depending on their rank. (Meralco vs. Secretary of Labor)( Extent
of the Right to Self-Organization
1. To form, join and assist labor organizations for the purpose
of collective bargaining through representatives of their own
choosing and
2. To engage in lawful concerted activities for the same
purpose- for their mutual aid and protection.( ART. 244. RIGHTS OF
EMPLOYEES IN THE PUBLIC SERVICE
( THE FOLLOWING ARE CONSIDERED NEGOTIABLE IN GOCCs WITH ORIGINAL
CHARTER:
1. schedule of vacation and other leaves
2. work assignment of pregnant women
3. personnel growth and development
4. communication system lateral and vertical
5. provision for protection and safely
6. provision for facilities for handicapped personnel
7. provision for first-aid medical services for married
women
8. annual medical/physical examination
9. recreational, social, athletic and cultural activities and
facilities (Rules implementing WO 180)
( THE FOLLOWING ARE CONSIDERED NOT NEGOTIABLE:
1. Those which require appropriation of funds, such as:
a. increase in salary emoluments and other allowance not
presently provided for by law
b. facilities requiring capital outlays
c. car plan
d. provident fund
e. special hospitalization, medical and dental services
f. rice/sugar/other subsidies
g. travel expenses
h. increase in retirement benefits
2. Those that involve the exercise of management prerogatives,
such as:
a. appointments
b. promotion
c. assignments/details
d. reclassification/upgrading of position
e. revision of compensation structure
f. penalties imposed as a result of disciplinary actions
g. selection of personnel to attend seminar, trainings, study
grants
h. distribution of work load
i. external communication linkages
Government employees and employees of government-owned and
controlled corporations with original charters may bargain,
however, such bargaining power is limited.
NOTE: The Public Sector Labor Management Council (PSLMC),
created by E.O. 180 has jurisdiction to hear charges of ULP filed
by government employees against their employer.( REASONS WHY
EMPLOYEES IN GOCCs INCORPORATED UNDER THE CORPORATION CODE ARE
ALLOWED TO ORGANIZE:
1. they are not involved in public service
2. terms of employment are not fixed by law
3. they are governed by the provisions of the Labor Code not by
the Civil Service Law
( ART. 245. INELIGIBILITY OF MANAGERIAL EMPLOYEES TO JOIN ANY
LABOR ORGANIZATION; RIGHT OF SUPERVISORY EMPLOYEES.
( MANAGERIAL EMPLOYEE - one who is vested with powers or
prerogatives to lay down and execute management policies and /or to
hire, transfer, suspend, lay-off, recall, discharge, assign or
discipline employees.
( MANAGERIAL EE under LS and LR
Managerial Employees under Labor Standards
Managerial
Employees under Labor Relations
a. POWERS/DUTIES
- primary duty consists of the management of the establishment
in which they are employed or of a department or subdivision - See
definition
above
b. EXTENT- includes the officers and members of the managerial
staff
- does not include
the managerial staff since they are classified as
supervisory
employees [who may/may not be eligible to join a
labor union with the rank and file employees]
c. PURPOSE OF DEFINITION
- to determine w/n certain employees are covered by Book III of
the LC on Conditions of Employment.- to determine an employees
eligibility in joining/forming a
labor union.
( Reason for ineligibility in the collective bargaining process,
managerial employees are the alter ego of the employers and thus
they are supposed to be on the side of the employer to act as its
representatives, and to see to it that its interests are well
protected. The employer is not assured of such protection if these
employees are union members. In the same manner, the labor union
might not be assured of their loyalty to the union in view of the
evident conflict of interest.
The union can also become company-dominated with the presence of
managerial employees in Union Membership (Bulletin Publishing Co.
Inc. vs. Hon. Augusto Sanchez).
( SUPERVISORY EMPLOYEES - 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.
MAY Supervisory employees form, assist, join a labor
organization?
YES, on their own and NOT with the rank-and-file employees (RA
6715).
The test is: Do they exercise independent judgment which is not
subject to evaluation of other department heads/other superiors? If
in the affirmative, then they may-must form a labor organization of
their own [separate from the rank and file employees]
If their responsibilities do not inherently require the exercise
of discretion and independent judgment [or merely
routinary/clerical in nature] then they may join the union composed
of the rank and file employees. NOTE: It is the nature of the
employees functions and not the nomenclature or title given to his
job which determines whether he has a rank and file or managerial
status. (Engineering Equipment, Inc. vs. NLRC)MAY THEY AFFILIATE
WITH A FEDERATION OF LABOR ORGANZATIONS OF RANK AND FILE
EMPLOYEES?
YES. Provided that:
a. the federation is not actively involved in union affairs in
the company; and
b. the rank and file employees are not directly under the
control of the supervisors (Adamson vs. Adamson)
( EFFECT OF HAVING MIXED MEMBERSHIP A union whose membership is
a mixture of the supervisors and the rank and file is not and
cannot become a legitimate labor organization. It cannot petition
for a certification election, much less ask to be recognized as the
bargaining representative of employees.( CONFIDENTIAL EMPLOYEES -
by the very nature of their functions, they assist and act in a
confidential capacity to, or, have access to confidential matters
of persons who exercise managerial functions in the field of labor
relations. Therefore, the rationale behind the ineligibility of
managerial employees to form, assist or join a labor union equally
applies to them. (Philips Industrial Devt Inc. Vs. NLRC)- they are
entrusted with confidence on delicate matters, or with the custody,
handling, or care and protection of the employers property. Under
the doctrine of necessary implication, confidential employees are
similarly disqualified under Article 245. (Republic Planters Bank
vs. Torres)
NOTE: The phrase in the field of labor relations is important.
It stresses labor nexus, i.e., confidentiality of the position is
related or linked to labor relations matters.
Access to information which is regarded by the employer to be
confidential from the business standpoint, such as financial
information or technical trade secrets, will not render an employee
a confidential employee. (SMC Supervisors & Exempt Union vs.
Hon. Laguesma, et al.)
Confidentiality is not a matter of official rank, it is a matter
of job content and authority. It is not measured by closeness to or
distance from top management, but by the significance of the
jobholders role in the pursuit of corporate objectives and
strategies.
Every managerial position is confidential because one does not
become a manager without having gained the confidence of the
appointing authority. But not every confidential employee is
managerial; he may be a supervisory or even a rank-and-file
employee.
( ART. 246. NON-ABRIDGEMENT OF THE RIGHT TO
SELF-ORGANIZATION
THE RIGHT TO SELF-ORGANIZATION SHALL NOT BE ABRIDGED MEANS:
It shall be unlawful for any person to:
a. restrain,
b. coerce,
c. discriminate against, or
d. unduly interfere
- with employees and workers in their exercise of the right to
self-organization.
Any act intended to weaken or defeat the right is regarded by
law as an offense, which is technically called unfair labor
practice.
TITLE VI
UNFAIR LABOR PRACTICES
CHAPTER I
CONCEPT
( ART. 247. UNFAIR LABOR PRACTICES
( NATURE OF UNFAIR LABOR PRACTICES:
1. violate the constitutional right of workers and employees to
self-organization;
2. 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
3. disrupt industrial peace; and
4. hinder the promotion of healthy and stable labor-management
relations and mutual respect [LABOR-MNGT RELATIONS-UNSTABLE];
( 2 ELEMENTS OF UNFAIR LABOR PRACTICE:
1. employer-employee relationship between the offender and the
offended
2. act done is expressly defined in the Code as an act of unfair
labor practice
3. it is now considered a criminal offense triable by the
criminal courtNOTE: Prohibited acts are all related to the workers'
self-organizational right and the the observance of a CBA, except
Art. 248 (f) dismissing or prejudicing an employee for giving
testimony under the Code.
ULP has a technical meaning.
It is a practice unfair to labor, although the offender may
either be an employer or a labor organization
It refers to acts opposed to workers' right to organize. Without
this, the act, no matter how unfair, is not ULP.
It commonly connotes anti-unionism. It also refers to gross
violation of CBA provisions. Gross means the act is malicious and
flagrant.
( 2 ASPECTS OF UNFAIR LABOR PRACTICE:
CIVIL CASECRIMINAL CASE
A. PERSONS LIABLE
1. Officers and agents of employer or
2. Labor organization, officers and agents1. Agents and officers
who participated or authorized or ratified the act.2. Agents,
representatives, members of the government board, including
ordinary members
B. Jurisdiction
-Labor Arbiters of the NLRC-MTC/RTC as the case may be.
C. QUANTUM OF PROOF NEEDED
-substantial evidence-beyond reasonable doubt [subject to
prosecution and punishment]
D. PRESCRIPTIVE PERIOD
- one year from the accrual of the ULP act.
- one year from the accrual of the ULP act, however it will be
suspended once the administrative case has been filed and would
only continue running once the administrative case has attained
finality.
Final judgment in the administrative proceeding finding that ULP
has been committed is a prerequisite in filing a criminal case for
ULP
NOTE: Final judgment in the administrative proceedings shall not
be binding in the criminal case nor shall be considered as an
evidence of guilt but merely as a proof of compliance of the
requirements prescribed by the Code.
CHAPTER II
UNFAIR LABOR PRACTICES
OF EMPLOYERS
( ART 248. ULP THAT MAY BE COMMITTED BY AN EMPLOYER (1-10)
1. To interfere with, restrain or coerce employees in the
exercise of their right to self-organization;
INTERFERENCE
Examples:- outright and unconcealed intimidation
- interrogation
employer must communicate to the employee the purpose of
questioning
1. assure him that no reprisal would take place
2. obtain employee participation voluntarily
3. must be free from employer hostility to union
organization
4. must not be coercive in nature
-intimidating expressions of opinion by employer
TEST OF INTERFERENCE OR COERCION - whether the employer has
engaged in conduct which it may reasonably be said tends to
interfere with the free exercise of the employees' right and it is
not necessary that there be direct evidence that any employee was
in fact intimidated or coerced by the statements of threats or the
employer if there is a reasonable interference that the anti-union
conduct of the employer does have an adverse effect of
self-organization and collective bargaining.
2. To require as a condition for employment that a person or an
employee shall not join a labor organization or
shall withdraw from one to which he belongs;
( YELLOW DOG CONTRACT - A promise exacted from workers as a
condition of employment that they are not to belong to, or attempt
to foster, a union during their period of employment. It is null
and void because:
It is contrary to public policy for it is tantamount to
involuntary servitude.
It is entered into without consideration for employees in
waiving their right to self- organization
- Employees are coerced to sign contracts disadvantageous to
their family.
Does Art. 248 (3) mean that an employer cannot contract out
work?
NO. Contracting out services is not ULP per se. It is ULP only
when the following conditions exist:
1. the service contracted- out are being performed by union
members; and
2. such contracting-out interferes with, restrains, or coerce
employees in the exercise of their right to self-organization.
HOWEVER, when the contracting-out is being done to minimize
expenses, then it is a valid exercise of management
prerogative.
3. To contract