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Quitclaim:
-
A quitclaim executed in favour of a company by an
employee amounts to a valid and binding
compromise agreement.
-
The current doctrinal policy of the Supreme Court
is that not all waivers and quitclaims are invalid as
against public policy.
-
Once an employee executes a quitclaim in favour
of the employer, he is thereby estopped from filing
any further claim against his employer arising from
his employment.
Art. 228. (Repealed by B.P. 130)
Art. 229. Issuance of subpoenas. - The Bureau shall have
the power to require the appearance of any person or the
production of any paper, document or matter relevant to
a labordispute under its jurisdiction, either at the request of
any interested party or at its own initiative.
COMMENT:
Power of the Bureau of Labor Relations to Issue
Subpoena:
-
Extends only to matters relevant to the labor
dispute under its jurisdiction.
Art. 230. Appointment of Bureau Personnel. - The
Secretary of Labor and Employment may appoint, in
addition to the present personnel of the Bureau and the
Industrial Relations Divisions, such number of
examiners and other assistants as may be necessary
to carry out the purpose of the Code.
COMMENT:
Authority to Appoint Personnel:
-
Authority to the Secretary of Labor and
Employment to appoint personnel as may be
needed by the Bureau of Labor Relations in
carrying out the purposes of the Labor Code.
Art. 231. Registry of Unions and File of Collective
Bargaining Agreements -The Bureau shall keep a
registry of legitimatelabor organizations. The Bureau
shall also maintain a file of all collective bargaining
agreements and other related agreements and records
of settlement of labor disputes and copies of orders
and decisions of voluntary arbitrators. The file shall be
open and accessible to interested parties under
conditions prescribed by the Secretary of Labor and
Employment, provided that no specific information
submitted in confidence shall be disclosed unless
authorized by the Secretary, or when it is at issue in
any judicial litigation, or when public interest or
national security so requires.
Within thirty (30) days from the execution of a
Collective Bargaining Agreement, the parties shall
submit copies of the same directly to the Bureau or the
Regional Offices of the Department of Labor and
Employment for registration, accompanied with
Registration Procedure:
o An application for registration should be
filed with the Regional Office of the
DOLE which issued the unions certificate
of registration or certificate of creation of
chartered local.
o If the certification of creation of the
chartered local was issued by the BLR,
application shall be field with the
Regional Office of the DOLE which has
jurisdiction over the place where it
principally operates.
o Application for registration of multiemployer
collective
bargaining
agreements shall be filed with the BLR.
Supporting Documents:
Posting of CBA
o The collective bargaining agreement
must be posted within five (5) days prior
to its ratification, in at least two (2)
conspicuous places in the establishment.
o This is a mandatory requirement.
o Purpose: To inform employees in the
bargaining unit of the contents of the
agreement so that they could intelligently
decide on whether to accept the same or
not.(Associated
Labor
Union
vs.
FerrerCalleja)
o If the collective bargaining agreement
was not posted in accordance with the
rules, the application for registration shall
be disapproved.
Effect of Merger:
o The legal existence of the absorbed labor
organization ceases, while the legal
existence of the absorbing labor
organization subsists.
Effect of Consolidation:
o The legal existence of the consolidating
labor organization shall cease and a new
labor organization is created.
Remedy:
-
Re-Filing of Application
o Re-file application or notice with
complete supporting documents.
Art. 235. Action on the Application - The Bureau shall act
on all applications for registration within thirty (30)
days from filing.
All requisite documents and papers shall be certified
under oath by the secretary or the treasurer of the
organization, as the case may be, and attested to by its
president.
COMMENT:
Significance of the 30-Day Period:
-
The BLR shall act on all applications for
registration within thirty (30) days from filing.
-
The mere filing of the requisite documents and
papers does not automatically oblige the BLR to
issue a certificate of registration.
-
The BLR is duty bound to further check if the
registration requirements under Art. 234 have
been sedulously complied with.
Certification and Attestation of Documents:
-
Application for registration and all its supporting
documents are required to be:
(a) Certified under oath by the Secretary
Treasurer of the organization; and
(b) Attested to by the President.
-
Both requirements must be strictly complied with.
-
Mandatory attestation requirement also applies to
notice of change of name, notice of merger, and
notice of consolidation and all their supporting
documents.
Case: Progressive Development Corporation vs. Secretary
of Labor (205 SCRA 802)
FACTS: KILUSAN filed a petition for certification election
among the rank and file employees of PDC, alleging that it
is a legitimate labor federation. PDC sought the dismissal
of the petition on the ground that the constitution and bylaws was merely attested to by the union president but it
was not certified under oath by the union secretary or the
union treasurer, hence not acquiring legal personality.
According to the Med-Arbiter, the mere issuance of a
Charter Certificate by the federation was sufficient
compliance with the rules.
ISSUE: Is the Med-Arbiter correct?
HELD: NO. A local chapter will become a legitimate labor
organization only if the required documents and papers are
certified under oath by the secretary or treasurer of the
organization and attested to by its president. Hence PDEU
10
c.
d.
e.
f.
g.
h.
i.
j.
11
2.3 VENUE
INDEPENDENT UNION, CHARTERED LOCAL, or
WORKERS ASSOCIATION: Regional Office of
DOLE that issued its certificate of creation or
chartered local.
b.
c.
d.
e.
2. Cancellation Procedure
General Rule: The registration of a labor organization
can only be questioned DIRECTLY through a petition
for cancellation of registration. COLLATERAL ATTACK
is not allowed.
EXCEPTION: Administrative cancellation is proper.
2.1 The Proper Party
GENERAL RULE: Any party-in-interest.
EXCEPTION: If the ground for cancellation is based on
a violation of Article 241 of the LC, only members of
the labor organization or workers association
concerned can file the petition for cancellation.
2.2 Form of Petition
The complaint or petition shall be in WRITING,
VERIFIED UNDER OATH and shall contain the
following:
(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;
12
Certificate
of
election
proceedings be suspended
until the issue have been
resolved. (failure: Grave
abuse of Discretion)
e.
f.
g.
h.
i.
j.
CHAPTER II
RIGHTS AND CONDITIONS OF MEMBERSHIP
Art. 241. Rights and conditions of membership in a labor
organization. The following are the rights and
conditions of membership in a labor organization:
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
imposed;
b.
c.
13
l.
o.
p.
1.
2.
3.
14
15
from
their
16
17
Union Funds
18
4.4 Appeal
19
3.
Properties
actually,
directly
and
exclusively used for their lawful purposes
shall be free from taxes, duties and other
assessments.
Title V
COVERAGE
Art. 243. Coverage and employees right to selforganization. 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. 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.
1.
4.
20
6.
Union
Cannot
form
or
join
labor
organization, but they can form or
join an employees organization.
21
22
23
EMPLOYEES OF COOPERATIVES
COOPERATIVE
o Organization composed primarily of small
producers
and
consumers
who
voluntarily join together to form business
enterprises which they themselves own,
control, and patronize
EMPLOYEES
WHO
ARE
THEMSELVES
MEMBERS OF THE COOPERATIVE
o No right to form or join a labor
organization
o REASON: They are co-owners of the
cooperative
24
union
or
TITLE VI
UNFAIR LABOR PRACTICES
CHAPTER I
CONCEPT
Art. 247. Concept of Unfair Labor Practice and Procedure
for Prosecution Thereof. 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.
Subject to the exercise by the President or by the
Secretary of Labor and Employment of the powers
vested in them by Articles 263 and 264 of this Code,
the civil aspects of all cases involving unfair labor
practices, which may include claims for actual, moral,
exemplary and other forms of damages, attorneys fees
and other affirmative relief, shall be under the
jurisdiction of the Labor Arbiters. The Labor Arbiters
shall give utmost priority to the hearing and resolution
of all cases involving unfair labor practices. They shall
resolve such cases within thirty (30) calendar days
from the time they are submitted for decision.
Recovery of civil liability in the administrative
proceedings shall bar recovery under the Civil Code.
No criminal prosecution under this Title may be
instituted without a final judgment finding that an
unfair labor practice was committed, having been first
obtained in the preceding paragraph. During the
pendency of such administrative proceeding, the
running of the period of prescription of the criminal
offense herein penalized shall be considered
interrupted: Provided, however, that the final judgment
in the administrative proceedings shall not be binding
in the criminal case nor be considered as evidence of
guilt but merely as proof of compliance of the
requirements therein set forth. (As amended by Batas
Pambansa Bilang 70, May 1, 1980 and later further
amended by Section 19, Republic Act No. 6715, March
21, 1989)
UNFAIR LABOR PRACTICES
Refers to those acts listed in Articles 248 and 249
of the Labor Code
REASON:
Managerial
employees are not accorded the
right to form or join a labor
organization
25
26
FORTICH
V.
COURT
OF
INDUSTRIAL
RELATIONS (93 SCRA 1)
FACTS: VF was employed as Chief Mechanical
Engineer and Plant Superintendent. He organized
the union and became an active member, which
resulted to his dismissal.
ISSUE: Whether or not the company is guilty of
unfair labor practice
DECISION: No
RATIO: Considering that VF was holding a
supervisory position, he cannot lawfully organize a
labor union composed of men under his
supervision. For having done so, he could be
validly dismissed from without the company being
held liable for unfair labor practice.
27
b.
28
d.
e.
f.
g.
h.
i.
The
provisions
of
the
preceding
paragraph
notwithstanding, only the officers and agents of
corporations, associations or partnerships who have
actually participated in, authorized or ratified unfair
labor practices shall be held criminally liable. (As
amended by Batas Pambansa Bilang 130, August 21,
1981)
INTERFERENCE
IN
THE
RIGHT
TO
SELFORGANIZATION
TEST OF INTERFERENCE
Whether the employer has engaged in conduct
which it may reasonably be said tends to hinder
the free exercise of the employees right to selforganization
Success or purpose is not the criterion in
determining whether or not a prohibited act
constitutes unfair labor practice
Subjecting employees to a series of questioning
regarding their membership in the union or their
union activities, in such a way as to hamper the
exercise of free choice on their part, constitutes
interference in the right to self-organization
THE TOTALITY OF CONDUCT DOCTRINE
The culpability of an employers remarks are to be
evaluated not only on the basis of their implicit
implications, but should be appraised against the
background of and in conjunction with collateral
circumstances
ILLUSTRATIVE CASES
INSULAR LIFE ASSURANCE CO. LTD EMPLOYEES V.
INSULAR LIFE (37 SCRA 244)
HELD: For an employer to offer reinstatement to striking
employees individually, when they are represented by a
union, is equivalent to an attempt to break a strike since the
employees thus offered reinstatement are unable to
determine what the consequences of working would be.
Indeed it is unfair labor practice for an employer to conduct
individual solicitation of the employees and urge them to
cease union activity or cease striking
SCOTYS DEPARTMENT STORE V. MICALLER (99
PHIL. 762)
FACTS: X was employed as salesgirl in the Scotys
Department Store. She organized a union among the
employees of the store and affiliated it with the NLU. Later,
NLU sent a petition to the store containing demands. X and
other employees were then called by the management for
questioning about the union and their membership, and
were even threatened that the store would be closed if they
do not dissolve the union. X was later on dismissed from
her employment.
ISSUE: Whether or not the act of subjecting X and her coemployees to a series of questioning regarding their
membership in the union or their union activities constitutes
unfair labor practice
DECISION: Yes
PHILSTEAM V. PMOG (15 SCRA 174)
FACTS:
PHILSTEAM received a set of collective
bargaining proposals from PMOG. Immediately thereafter,
PHILSTEAM, apart from requiring PMOG to prove its
majority
representation,
started
interrogating
and
investigating its employees to find out directly from them if
they had joined PMOG r authorized PMOG to represent
them. PMOG was then constrained to declare a strike on
29
30
31
VIOLATION
OF
THE
DUTY
TO
BARGAIN
COLLECTIVELY
DUTY TO BARGAIN COLLECTIVELY
The performance of a mutual obligation to meet
and convene promptly and expeditiously in good
faith for the purpose of negotiating an agreement
with respect to wages, hours of work and all other
terms and conditions of employment including
proposals for adjusting any grievances or
questions arising under such agreement and
executing
a
contract
incorporating
such
agreement if requested by either party, but such
duty does not compel any party to make any
concession
Neither party to the collective bargaining
agreement shall terminate nor modify such
agreement during its lifetime
o Either party can serve a written notice to
terminate or modify the agreement at
least 60 days prior to its expiration
o Both parties must keep the status quo
and continue in full force and effect the
terms and conditions of the existing
agreement during the 60-day period
and/or until a new agreement is reached
ESSENTIAL ELEMENTS OF THE DUTY TO BARGAIN
Employer-employee relationship
WITHOUT
EMPLOYER-EMPLOYEE
RELATIONSHIP no duty to bargain
o Refusal to bargain is not unfair labor
practice
WITH EMPLOYER-EMPLOYEE RELATIONSHIP
the duty to bargain collectively will arise only if
the labor organization which seeks to collectively
ILLUSTRATIVE CASES
INSULAR LIFE ASSURANCE CO. LTD. EMPLOYEES V.
INSULAR LIFE (37 SCRA 244)
FACTS: The Insular Life Assurance Co Ltd. Employees
Association submitted to the Company its proposals for the
renewal of the collective bargaining agreement. Collective
bargaining negotiations were conducted but a deadlock
ensued, resulting to a strike. The following day, the
Company sent letters to individual strikers offering them
reinstatement with promise of comfortable cots, free coffee
and occasional movies, overtime pay and arrangements for
their families.
ISSUE: Whether or not the Company violated its duty to
bargain collectively
DECISION: Yes
RATIO: It is unfair labor practice for an employer operating
under a collective bargaining agreement to negotiate or
attempt to negotiate with his employees individually in
connection with changes in the agreement. The basis is
that although the Union is on strike, the employer is still
under obligation to bargain with the Union as the
employees bargaining representative.
SAMAVIM V. NORIEL (98 SCRA 507)
FACTS: SAMAVIM requested the Via Mare Catering
Services to enter into a collective bargaining with it. Instead
of acceding to the request, Via Mare terminated the
services of four union members. SAMAVIM then filed a
Notice of Strike on the ground of harassment of union
members. Conciliation meetings were held by the Bureau
of Labor Relations but Via Mare refused to negotiate a
collective bargaining agreement. As a result of conciliation
efforts, the parties agreed to hold a consent election among
the employees to determine whether the employees desire
to be represented by a Union. Before the parties could
meet to set the date of election, Via Mare terminated 73
union members and employed other persons to replace
them.
ISSUE: Whether or not Via Mare violated its duty to bargain
collectively, so as to be held liable for unfair labor practice
DECISION: Yes
32
33
4.
5.
MAINTENANCE OF MEMBERSHIP
o Requires those who are members of the
contracting union at the time of the
execution of the collective bargaining
agreement to maintain their membership
in good standing during the lifetime of the
collective bargaining agreement as a
condition of continued employment
AGENCY SHOP
o Does not require union membership but
only support from the employees within
the bargaining unit in the form of agency
fees, as a condition of continued
employment
PREFERENTIAL HIRING
o The members of the contracting union
are given preference in engagement, all
circumstances being equal, and for them
to maintain their membership in good
standing during the lifetime of the
collective bargaining agreement as a
condition of continued employment
LIMITATIONS
A closed shop agreement cannot be enforced
against:
1. Employees who are already members of
another union at the time of the signing of the
collective bargaining agreement
2. Employees whom the union refused
admission to membership without any
reasonable ground therefor
3.
34
35
(b)
4. Featherbedding
Featherbedding is the act of causing or attempting
to cause an employer to pay or deliver any money or
other things of value for services which were not
performed or not to be performed.
(c)
(d)
(e)
COMMENT:
1. Collective Bargaining
The term collective bargaining denotes in
common usage as well as in legal terminology,
negotiations toward a CBA. Collective bargaining
is one of the democratic frameworks under the
Labor Code designed to stabilize the relation
between labor and management and to create a
climate of sound and stable industrial peace.
TITLE VII
COLLECTIVE BARGAINING AND ADMINISTRATION
OF AGREEMENTS
2.
36
(c)
(d)
Multi-Employer Bargaining
Legitimate labor organizations and
employers may agree in writing to come together
for collective bargaining purposes under the
following conditions:
(a) The legitimate labor organizations
must
be
incumbent
exclusive
bargaining agents;
(b) The employers must have counterpart
legitimate labor organizations who are
incumbent bargaining agents; and
(c)
The legitimate labor organizations of
employer units must consent to multiemployer bargaining.
Each employer or concerned labor
organization shall express in writing its willingness
or unwillingness to participate in multi-employer
bargaining, addressed to its exclusive bargaining
agent or employer. Negotiations may commence
only with regard to employers and labor
organizations that consent to participate in multiemployer bargaining.
3.2 Procedure
Legitimate labor unions who desire to bargain with
multi-employers shall send a written notice to each
employer concerned. The written notice shall be
accompanied by any of the following documents:
(a) written agreement among the labor
organizations as regards their desire for
multi-employer bargaining; or
(b) certificates of registration of the federation,
national union or industry union.
Employers who desire to engage in multi-employer
bargaining shall send to each of their counterpart
legitimate labor unions a written notice indicating the
following:
(a) Names of employers who desire to avail of
multi-employer bargaining;
(b) Their
corresponding
legitimate
labor
organizations;
(c) Statement that each corresponding legitimate
labor organization is an exclusive bargaining
agent;
(d) The duration of the current collective
bargaining agreement, if any, of each
employer with the counterpart legitimate labor
organization.
4. Remedies in Case of Deadlock
(a) Call upon the National Conciliation
and Mediation Board to assist them
in
arriving
at
an
amicable
settlement;
(b) Submit the matter for compulsory
arbitration by filing a complaint with
the
National
Labor
Relations
Commission;
(c) Submit the matter for resolution by a
coluntary arbitrator; or
(d) Declare a strike or lockout.
Art. 251. Duty to Bargain Collectively in the Absence of
Collective Bargaining Agreement. In the absence of an
agreement or other voluntary arrangement providing
for a more expeditious manner of collective bargaining,
it shall be the duty of the employer and the
representative of the employees to bargain collectively
in accordance with the provisions of this Code.
COMMENT:
1. The Duty to Bargain Collectively A
Mutual Obligation
One of the major aims of the law is to
make the process of collective bargaining on
of the most effective means for ensuring
harmonious labor-management relations. It
37
38
new agreement
reached.
2.
COMMENT:
1. Duty to Bargain After Execution of CBA
The duty to bargain does not end with
the execution of the CBA. It is a continuous
process. This does not mean, however, that
either party can ask for modification of the
collective bargaining agreement at any time
during its effectivity.
The continuous process means that the
parties, during the term of the agreement, are
mutually obliged to meet and confer promptly
and expeditiously and in good faith for the
purpose of adjusting any grievance or
question arising under the CBA.
After the execution of the CBA, the duty
to bargain collectively obliges the parties:
(a)
not to terminate or
modify
the
CBA
during its lifetime;
(b)
to ask for modification
of the CBA only
during the 60-day
period prior to its
expiration date; and
(c)
to observe the terms
and conditions of the
CBA during the 60day period and until a
The
Philosophy
of
Collective
Responsibility
An employer who bargains in good faith
is entitled to rely on the promises and
agreements of the union representatives with
whom he must deal under the compulsion of
law and contract.
is
ART. 253-A. Terms of a Collective Bargaining Agreement. Any Collective Bargaining Agreement that the parties
may enter into shall, insofar as the representation
aspect is concerned, be for a term of 5 years. No
petition questioning the majority status of the
incumbent bargaining agent shall be entertained and
no certification election shall be conducted by the
DOLE outside of the 60-day period immediately before
the date of expiry of such five year term of the CBA. All
other provisions of the CBA shall be renegotiated not
later than 3 years after its execution. Any agreement on
such other provisions of the CBA entered into within 6
months from the date of expiry of the term of such
other provisions as fixed in such CBA, shall retroact to
the day immediately following such date. If any such
agreement is entered into beyond six months, the
parties shall agree on the duration of effectivity
thereof. In case of a deadlock in the renegotiation of
the CBA, the parties may exercise their rights under
this Code.
COMMENT:
1. Collective Bargaining Agreement
Collective bargaining agreement is a
contract by and between an employer and
the collective bargaining representative of the
employees within an appropriate bargaining
unit, concerning wages, hours of work, and
all other terms and conditions of
employment. It is the law of the plant.
39
3.
4.
Term
of
a
Collective
Bargaining
Agreement
The term of a CBA, insofar as the
representation aspect is concerned, is 5
years reckoned from the date of its effectivity.
During the 6-year period, the majority status
of the incumbent collective bargaining agent
cannot be challenged except during the last
60 days of the 5-year period.
5.
(c)
5.1.
7.
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41
1. No-injunction Policy
Negotiation
Compromise
Mediation &
Arbitration
EXCEPTION: Injunctions may be issued only in cases
of extreme necessity based on legal grounds, after due
considerations/hearing and when all efforts at
conciliation are exhausted.
In ordinary disputes
FACTS:
As a result of a strike staged by ALU, Belyca
Corp. filed with the RTC a complaint for injunction
alleging that the strikers obstructed the free
ingress/egress to the establishment, preventing
workers of Belyca farms from attending to the
**
Article 255. 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 decisionmaking 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. (As amended by Section 22, Republic Act
No. 6715, March 21, 1989).
1. Right of EEs to participate in Policy and DecisionMaking
Such right extends only to matters that directly affect
their rights, benefits and welfare.
Right not extend to matters pertaining to business
operations/management aspect of the business
nor to matters covered by CBA or those failing
within traditional areas of CB
v Right can be exercised thru a Labor-management
council to be formed jointly by the ER and the EEs.
Unionized establishments Ees representatives
to council shall be nominated by the exclusive
bargaining representative.
NON -Unionized establishments Ees
representatives to council shall be elected directly
by the Ees at large.
v Case: PAL v. NLRC (225 S 301)
FACTS:
v
42
v
v
43
Cases
44
45
It would not be in the interest of sound labormanagement relations if each group of EEs
assigned to a specialized function or section
would decide to break away from their fellowworkers and form their own separate
bargaining unit - this could only lead to
confusion, discord and labor strife, there
being no substantial differences in their
functions.
EXCEPTIONS
(1) When supervisory EES organize themselves
into a bargaining unit separate and distinct from
bargaining unit of rank-&-file EES (basis: art. 245,
LC prohibitjng the supervisory EEs from joining
rank-&-file EEs)
(2) Where the ER unit has to give way to other
bargaining units, like craft unit, plant unit or
subdivision unit. (e.g. In Airline company cabin
attendants and pilots different from ground
personnel; In Educational institution teaching
and non-teaching personnel)
(3) When a certain class of EEs are excluded from
the coverage of the bargaining unit. (Ratio:
separate bargaining unit must be formed so as not
to unduly deprive them of the right to collectively
bargain; e.g. exclusion of the daily paid EEs from
bargaining unit of those monthly paid.)
CASES:
Knitjoy Manufacturing, Inc. v. Ferrer-Calleja (214 S 174)
FACTS: CFW is the certified CR of daily-paid rank-&-file
EEs of Knitjoy. While later and CFW were negotiating for
renewal of their CBA, KMEU filed a petition for certification
election among the monthly-paid rank-&-file EEs of knitjoy.
CFW challenged such.
3. THE CBAgent
v
46
Order of DOLE
v
v
Conditions:
(a) Certification Election should have at least 3
choices
(b) None of the choices obtained a majority of the
valid votes cast
(c) Total # of votes for ALL contending unions is at
least 50 % of the numbers votes cast
(d) There are no challenged ballots, which can
materially alter the results
Only 2 labor unions receiving the highest # of votes
can participate in a run-off election
no union shall not be a choice of a run-off election
47
for
23,
10,
25,
48
a.
b.
49
50
51
SEGREGATION OF VOTES
v In case of disagreement over the voters list or
over the eligibility of voters, all contested voters
shall be allowed to vote
o Their ballots shall be segregated and
sealed in individual envelopes
NOTICE OF ELECTION
v Election Officer to cause posting of notice of
election at least ten (10) days before the actual
date of election in two most conspicuous places in
the company premises
v CONTENTS OF THE NOTICE
1. Date and time of election
2. Names of all contending unions
3. Description of the bargaining unit
v Cannot be waived by the contending union or
employer
v One day deficiency will not nullify the election if a
substantial
number
of
employees
voted
accordingly on the election day
CHALLENGING OF VOTES
v The authorized representative of any of the
contending unions and the employer may
challenge a vote before the ballot is deposited in
the ballot box
v Grounds
v When a vote is properly challenged
o Election Officer to place the ballot in an
envelope and seal in the presence of the
voter
and
representative
of
the
contending unions and employer
o Indicate voters name
o Envelope to be signed by the Election
Officer and representatives of all
contending unions and employer
o Election Officer to note all the challenges
in the minutes of the election and
consolidate all the envelopes of the
challenged votes
o Envelopes hall be opened and the
question of elegibility shall be passed
only if the number of segregated voters
will materially alter the results of the
election
52
Direct Certification
-
This is no longer allowed as a method of
selecting the exclusive bargaining agent.
-
The present law affirms the superiority of
certification
election
over
direct
certification.
Failure of Election
-
is present when LESS THAN a majority
of all eligible voters have cast their votes.
-
it shall not bar the filing of a motion for
the immediate holding of another
certification/consent election within six (6)
months from the declaration of failure of
election.
COMMENT:
Employer as Petitioner
-
If a legitimate labor organization requests
an employer to bargain collectively there
are 2 options available to the employer,
namely:
a. Voluntarily
recognize
the
representation status of the labor
organization; or
b. File a petition for certification
election.
Proclamation
The Med-Arbiter shall proclaim the union which
obtained the majority of the valid votes cast if the following
conditions are met:
a. No protest has been filed, OR if one was filed, the
same was not perfected within the 5 day period for
perfection of the protest;
b. No challenge or eligibility issue was raised, OR if
one was raised, the resolution of the same will not
materially change the result.
-In a certification election, the authority of the Med-Arbiter
or election officer is LIMITED to certifying the winner as the
sole and exclusive bargaining agent.
53
Title VII-A
GRIEVANCE MACHINERY AND VOLUNTARY
ARBITRATION
ART. 260.Grievance machinery and voluntary arbitration.The parties to a Collective Bargaining Agreement shall
include therein provisions that will ensure the mutual
observance of its terms and conditions. They shall
establish a machinery for the adjustment and
resolution of grievances arising from the interpretation
or implementation of their Collective Bargaining
Agreement and those arising from the interpretation or
enforcement of company personnel policies.
All grievances submitted to the grievance machinery
which are not settled within seven (7) calendar days
from the date of its submission shall automatically be
referred to voluntary arbitration prescribed in the
Collective Bargaining Agreement.
For this purpose, parties to a Collective Bargaining
Agreement shall name and designate in advance a
Voluntary Arbitrator or panel of Voluntary Arbitrators,
or include in the agreement a procedure for the
selection of such Voluntary Arbitrator or panel of
Voluntary Arbitrators, preferably from the listing of
qualified Voluntary Arbitrators duly accredited by the
Board. In case the parties fail to select a Voluntary
Arbitrator or panel of Voluntary Arbitrators, the Board
shall designate the Voluntary Arbitrator or panel of
Voluntary Arbitrators, as may be necessary, pursuant
to the selection procedure agreed upon in the
Collective Bargaining Agreement, which shall act with
the same force and effect as if the Arbitrator or panel of
Arbitrators has been selected by the parties as
described above.
COMMENT:
Grievance
Grievance Machinery
-
where grievances are processed which
the parties to a collective bargaining
agreement are required to establish
under Article 260 of the Labor Code.
If NO Grievance Machinery provided in the Collective
Bargaining Agreement
-
the parties are required to create, within
ten (10) days from signing of the
collective bargaining agreement, a
grievance committee to be composed of
at least two(2) representatives from the
members of the bargaining unit(which
shall be designated by the union) and at
least two(2) from the employer.
54
55
56
57
c.
d.
e.
COMMENT:
Voluntary Arbitrators Fee and Arbitration Cost
-
Unless the parties agree otherwise, the
cost of voluntary arbitration proceedings
and voluntary arbitrators fee shall be
shared EQUALLY by the parties.
-
If their funds is INSUFFICIENT, they may
avail of the subsidy under the Special
Voluntary Arbitrators Fund.
Title VIII
Strikes and Lockouts and Foreign Involvement in Trade
Union Activities
CHAPTER I
Strikes and Lockouts
Art. 263. Strikes, Picketing and Lockouts. (a) It is the
policy of the State to encourage free trade unionism
and free collective bargaining.
(b) Workers shall have the right to engage in concerted
activities for purposes of collective bargaining or for
58
59
60
61
62
63
64
4. Boycott
Boycott is a combination formed for the purpose of
restricting the market of an individual or group of
individuals.
a.) Primary boycott one which is applied directly and
alone to the offending person by withdrawing from him all
business relations on the part of the organization that
initiated the boycott.
b.) Secondary boycott a combination to exercise coercive
pressure upon the customers of an employer, actual or
prospective, in order to cause them to or withhold or
withdraw patronage from him through fear of loss or
damage to themselves should they deal with him.
- Usually held to be illegal because of the principle
that one not a party to an industrial strife cannot, against
his will, be made an ally of one of the parties for the
purpose of accomplishing the destruction of the other.
5. Lockout
Lockout is the temporary refusal of an employer to furnish
work as a result of an industrial or labor dispute.
Requisites:
The refusal to furnish work must be:
a.) Temporary; and
b.) The result of a labor dispute.
The refusal of an employer to accept the offer of
the strikers to return to work pending resolution of the
legality of the strike does not constitute lockout.
A strike cannot be converted into a lockout by the
mere expedient filing of a notice of offer to return to work
during the pendency of a labor dispute.
5.1 Lockout vs. Shut-down
Lockout
In a lock out, the
plant continues to
operate.
Shut-down
In a shut-down, the
plant ceases to
operate.
A shut-down is the
willful act of the
employer himself
following a
complete lockout.
65
66
Loss of employment
status is imposed on
union officers who
knowingly
participated n he
strike.
Loss of employment
is imposed on union
officers or members
who
committed
illegal acts during
the strike.
67
v
v
v
68
69
Art. 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.
1.) Regulatory Body for Farm Tenants
v The regulatory functions with respect to foreign
assistance for farm tenants and rural workers shall
be exercised by the Secretary of Agrarian Reform.
Chapter IV
PENALTIES FOR VIOLATION
Art. 272. Penalties. (a) Any person violating any
of the provisions of Article 264 of this Code shall be
punished by a fine of not less than one thousand
pesos (P1,000.00) nor more than ten thousand pesos
(P10,000.00) and/or imprisonment for not less than
three months nor more than three (3) years, or both
such fine and imprisonment, at the discretion of the
court. Prosecution under this provision shall preclude
prosecution for the same act under the Revised Penal
Code, and vice versa.
(5) any
form
of
participation
or
involvement
in
representation
proceedings, representation elections,
consent elections, union elections;
and
70
BOOK SIX
POST EMPLOYMENT
Title I
TERMINATION OF EMPLOYMENT
Art. 278. Coverage. The provisions of this Title shall
apply to all establishments or undertakings, whether
for profit or not.
Expanded Coverage of the Law on Dismissal
Under the previous law, the provisions of the
Labor Code on termination of the employment are
extended to employees of entitites which are not
operated for profit or gain, such as educational,
medical, religious, or charitable institutions and
organizations.
Purpose: to extend the employees of such entitites
the same rights and benefits granted to workers of
industrial and commercial enterprises.
Art. 279. Security of tenure. In cases of regular
employment, the employer shall not terminate the
services of an employee except for a just cause or
when authorized by this Title. An employee who is
unjustly dismissed from work shall be entitled to
reinstatement without loss of seniority rights and other
privileges and to his full backwages, inclusive of
allowances, and to his other benefits or their monetary
equivalent computed from the time his compensation
was withheld from him up to the time of his actual
reinstatement. (As amended by Section 34, Republic
Act No. 6715, March 21, 1989)
71
72
73
9. Reinstatement
-
Relief separate and distinct from Backwages
o Usually is a concomitant of Backwages;
but the two are not necessarily
complements nor award of one is a
condition precedent to an award of the
other
-
Simply means, restores the lost position (while
Backwages restores lost income)
74
To
insist
on
reinstatement
would
merely compound the
injusticeER
to
terminate the services
of the new hire who
replaced the illegally
dismissed EE just for
latter to assume former
position
Cases
where
reinstatement
is
rendered
impossible and Substantially equivalent position is
not available REMEDY: separation pay in lieu
of reinstatement
o ER has closed down business
o ER undertook reorganization resulting to
abolition of position previously occupied
by EE
o ER undertook retrenchment measures or
drastic reduction of personnel
UNFEASIBLE reinstatement EE dismissed has
reached retirement age of 60
o Relief separation pay is not available
o EE entitled only to Backwages up to time
when he reached retirement age plus
retirement pay
Case: Philippine Engineering Corp. V. CIR
75
-
-
reinstatement, temporary EE
should vacate his post this
period of uncertainty should not
be
allowed
to
continue
indefinitely
Cases:
NASSCO v. CIR EE
guilty
of
laches
because action for
reinstatement was filed
after lapse of 17 mos.
Gutierrez v. Bachrach
Motor Co. action for
reinstatement
barred
by laches since it ws
filed only after lapse of
17 mos.
Prescription
o Action for reinstatement filed after 4
years from date of dismissal will be
barred by prescription
-
When complaint merely prays for separation pay
o When EE merely prays for separation
pay, he forecloses his right to
reinstatement
-
Strained Relations
o Even if dismissal is found to be
unjust/illegal, reinstatement should not be
ordered anymore if the relationship
between the parties has become so
strained and ruptured as to preclude a
harmonious working relationship
o Instead, EE should be afforded
separation pay
76
77
o
o
10. Backwages
-
-
-
On
grounds
specifically
prohibited by law (Art. 118,
248(f) and 286 of LC)
Without
just
cause
(EE
committed an offense but
penalty of dismissal was not
commensurate)
78
10.6 No Backwages
-
79
Backwages to be awarded to an
illegally dismissed EE should
not,
as
GR,
be
diminished/reduced
by
the
earnings
derived
by
him
elsewhere during the period of
his illegal dismissal
Ratio:
EE
while
litigating the matter of
his dismissal, must still
earn a living to support
himself and family,
while full bacwages
have to be paid by the
ER as part of the
price/penalty he has to
pay
for
illegally
dismissing his EE.
10.8. Computation of Backwages of Irregular Workers
-
-
-
-
Death
o
80
11.1 Concept of SP
-
-
11.2 Purpose of SP
-
closure
of
establishment,
sale/transfer
of
business ownership,
abolition of position
reduction of personnel
physical incapacity of
EE)
Doctrine of Strained
Relations
No
substantially
equivalent position is
available
-
If EE was dismissed for a just and valid cause, is
he entitled to SP?
o GR: Such worker is not entitled
o EXCEPTION: SC held that SP may be
awarded as measure of social justice
even if the dismissal is found to be valid
and justified, but only in those instances
where EE was validly dismissed for a
cause other than serious misconduct or
offenses reflecting on his moral
character.
81
Retirement result of a
bilateral act of parties, a
voluntary agreement between
ER and EEs whereby latter after
reaching a certain age agrees
and/or consents to sever his
employment with the former.
12. Damages
-
Damages, specifically moral and exemplary
damages in unjust dismissal are reliefs prescribed
not by the Labor Code but by the Civil Code.
-
Entitlement thereto should be established along
the principles established by the Civil Code.
-
It is not enough for an employee to just prove that
he was dismissed without just or due process.
Additional facts must be pleaded and proven to
warrant the grant of moral damages.
-
The employee should prove that his dismissal was
attended by bad faith or fraud, or constituted an
act contrary to morals, good customs or public
policy, and of course, that social humiliation,
wounded feelings, grave anxiety, and similar injury
resulted therefrom.
-
With regard to exemplary damages, the employee
should prove that his dismissal was effected in a
wanton, oppressive or malevolent manner.
Philippine Airlines, Inc. vs. NLRC
Held: Not every employee who is illegally dismissed or
suspended is entitled to damages. As a rule, moral
damages are recoverable only where the dismissal of the
employee was attended by bad faith or fraud, or committed
an act oppressive to labor, or was done in a manner
contrary to morals, good customs or public policy. Bad faith
does not simply mean negligence or bad judgment. It
82
-
-
83
3.
84
4.
Classification of Employment
-
Article 280 classifies employment into 3 types:
a) regular or permanent
b) non-regular or temporary
c) casual
5.
85
-
-
-
6.1 Project Employment
-
Project employment is a job that is confined to a
specific project or undertaking, the completion or
termination of which has been determined at the
time of the engagement of the employee,
regardless of the number of years that it would
take to finish the undertaking.
-
The mere fact that the employment of employees
engaged to perform a specific project has gone
beyond 1 year does not detract from, or legally
dissolve, their status as project employees.
-
The term specific project or undertaking
contemplates:
a. An activity which is not commonly or
habitually performed
b. A type of work which is done on a daily
basis but only for a specific duration of
time until completion.
-
The term project could refer to one or the other
of at least 2 distinguishable types of activities:
a. A project could refer to a particular job or
undertaking that is within the regular or
usual business of the employer, but
which is distinct and separate, and
identifiable as such, from the other
undertakings of the company. Example:
construction
of
a
residential
condominium.
b. A project could also refer to a particular
job or undertaking that is not within the
regular business of the employer. Such
job or undertaking must also be
identifiably separate and distinct from the
ordinary or regular business operations of
the
employer.
Example:
Five-year
expansion program of the National Steel
Corporation.
Length of service is not the controlling test of
project employment.
The test of project employment is whether or not
the engagement of the employee has been fixed
for a specific project or undertaking, the
completion or termination of which has been
determined at the time of the engagement of the
employee.
The proviso any employee who has rendered at
least one year of service shall be considered a
regular employee relates only to casual
employment and not to project employment.
In project employment, the duration of
employment is coterminous with the work to which
the employee was assigned. Once the project is
completed, the employment terminates.
The employees affected cannot compel the
employer to keep them in the payroll because it is
unjust to require the employer to maintain them in
the payroll while they are doing absolutely nothing
except waiting until another project is begun, if at
all.
If the employment of project employees is
terminated by reason of completion, they are not
entitled to separation pay.
86
Casual Employment
-
Casual employment is a job wherein the activities
performed by the employee are not usually
87
-
-
88
89
90
-
-
-
91
92
93
94
95
96
97
I.
J. QUALIFIED THEFT
98
99
A.
VIOLATION
OF
THE
RULE
SLEEPING WHILE ON DUTY
AGAINST
VIOLATION
OF
ABSENTEEISM.
RULES
AGAINST
100
VIOLATION
PROCEDURE
OF
AIRCRAFT
PARKING
8.2.1 LIMITATIONS
A.
F.
101
102
103
REDUNDANCY
v The services of an employee are in excess of
what is reasonably demanded by the actual
requirements of the enterprise
v A position is superfluous
o FACTORS:
o Overhiring of workers
o Decreased volume of business
o Dropping of a particular product line or
service activity previously manufactured
or undertaken by the enterprise
v Exercise of business judgment, the wisdom or
soundness of which is beyond the discretionary
view of the labor courts
v Does not necessarily refer to duplication of work
v Can exist even if there is no other person holding
the same position as that held by the employee
declared to be redundant
v REASON: An employer cannot be compelled to
give employment to a greater number of person
than the economic operations of his business
requires
REQUISITES OF A VALID REDUNDANCY PROGRAM
1. Good faith in abolishing the redundant positions
2. Faith and reasonable criteria in ascertaining what
positions are to be declared redundant and
accordingly abolished
3. Written notice served in both the employees and
the Department of Labor and Employment (DOLE)
at least one (1) month prior to the intended date of
termination
v
RETRENCHMENT
v Reduction of personnel due to actual or
anticipated losses, lack of work, or reduction in the
volume of business
v Retrenchment to prevent losses
o Art. 283, Labor Code
o An employer can adopt retrenchment
measures even before the anticipated
losses are actually sustained
o Resorted to by an employer primarily to
avoid or minimize business losses
o The lawmaker did not intend that the
losses shall have in fact materialized
before adopting retrenchment measures
v Potential losses that are speculative cannot justify
retrenchment
THE FOUR STANDARDS OF RETRENCHMENT
(Substantive Requirements of Retrenchment)
1. The expected losses should be substantial and
not merely de minimis in extent
104
3.
4.
CLOSURE OF ESTABLISHMENT
v Permanent closure
v Temporary closure legal effect is governed by
Art. 286 of the Labor Code
v The right to close the entire establishment carries
with it the right to close a part thereof, hence,
closure may be TOTAL or PARTIAL
v Can be exercised even if the employer is not
suffering from serious business losses or financial
reverses
v Must be done in good faith or with no intent to
lockout its employees as a means to coercing
them to its demands
Closure
of
establishment due to losses
105
1.
2.
3.
4.
106
107
108
Then on April 1990 she returned for her working season but
found another employee occupied her position. She had
been demoted to the position of Picker.
Issue: W/N X was constructively dismissed?
Held: YES. Demotion without justifiable cause is
tantamount to constructive dismissal.
4.2 Inhuman and Unbearable Treatment
Where an employee quits his employment because of a
legitimate desire for self-preservation.
CASE
Singa Ship Management Phils.vs. NLRC
288 SCRA 692
MS worked on the vessel Crown Odyssey, which had
Greek and Filipino crewmembers. There were hostilities
between the Greeks and Filipinos on board. The Greek
deck steward, constraining him to leave his employment,
subjected MS to several intimidation and scuffles.
Issue: W/N there was illegal dismissal?
Held: YES. MS quit his employment because he feared for
his life and his fear was well-founded.
4.3 Commission of a Crime
Where the employer or his representative commits rape,
physical injuries, mutilation, abortion, infanticide, homicide,
murder, parricide, etc. against the employee or the
immediate members of his family.
4.4 One-Month Notice Not Required
The employee can leave his employment immediately.
4.5 Relief for Constructive Dismissal
The appropriate relief is separation pay plus indemnities in
the form of nominal damages or back wages.
Reinstatement is not a proper relief because of strained
relations between the parties.
ART.286.When Employment Not Deemed Terminated.
The bona fide suspension of the operation of a
business or undertaking for a period not exceeding six
(6) months, or the fulfillment by the employee of a
military or civic duty shall not terminate employment.
In all such cases, the employer shall reinstate
the employee to his former position without loss of
seniority rights if he indicates his desire to resume his
work not later than one (1) month from the resumption
of operations of his employer or from his relief from
the military or civic duty.
COMMENT
1. Suspension of Business Operations
The standard by which to judge the validity of the exercise
of the prerogative to lay-off or suspend business operations
is good faith. If done in bad faith, the employment
relationship is deemed uninterrupted. The affected
employees are entitled to their wages during the lay-off.
Some grounds for lay-off
a.) Lack of work
b.) Lack of materials
109
110