66|2009 CENTRALIZED BAR OPERATIONS ee OPERATIONS Han Wede College of Lay TITLE ONE: POLICY AND DEFINITIONS. Chapter 4: General Provisions, Articla 241: Docteration af Policy Labor Relations - the Interactions butween the employer and —employeos en! their intatives. and the mechanisnt by which dards and other terms anid conditions of vinploynunt are negotiated, aujiisted and vunlorced, (The Labor Code with Gommsuts and Cases 2004, Azticoiia, Vol, p.d Labor Relations Laws + define the status, rights, ana duties and the institutional mechanisms that govern the individual and collective interactions of employers, employees, or thelr representatives. (voyone’s Labor Code, Azucena, 2007, p.4) Note: Absent an employer-employee relation, there is no labor relatiun to speak of. If there is 0 Er-E¢ relationship between the paities, there is no hasis for organizing for purposes of collective bargaining, + Gollectiva bargaining process is possisle only when there Is a labor organization, io. 4, labor union; oF 2, anmployeo association, ‘+ Labor relations policy under ‘he Labor Code 's embodied in Soction 3, Article Xill of the 1987 Constitution whieh’ guarantves to all ‘workers their right, among others, to: 4. Sell-organizatian; 2. Collaetive bargaining and negotiations; PxCCUTIE COMMITTEES 3. Paaceful and cuncertid’ activiles hicluding the right to strike in agcordanca with law; and 4. Partivpate in policy and derision-making processes affecting thelr rights and benefits ‘a8 may be provided by lav! Parties to Labor Relations Gases 1. Zmployco's organization; 2. Managament; and 8. The public < always. to he conuidered In dispuls otween labér and eaaital, and & thas been held that the rights C1 te general pubtic are p:camount, 4, The state. Note: Fmployer und employees sre ACTIVE parties while the public and the stale are PASSIVE panties. (Poquiz, 2006, p:3) Principle of Noti-Opprossion »- mandates capital end abr netto.gct eppressivaly against ech olfef of nna ttelterael ond nvenieliedotthd"piblewttstrotactog Jo pps clause inthe Gongltuton is nat de piess.f estoy etal (Cap v tf rsre turn 2 1900) oe aa the ible f ABO EIsputes, «! ative to Spates kate eae, ane ee AE Sy Mee § coilélayon: ¥ proces: QSinteroated third BE fey midets hth mapdigedige sand labor, at theieidyest on oiheAvjga’s tng a labor saps C4 oc ane “imtoo ond, by SbatApeyngaetae 8 isch 2 a aS LU CALVIN ABUAAY Uva Glad ha acats Opens, MANOLO ADLL SANIDS Chat hotel gperatne, NACE SANAK "RUA ve sai fo operations, {UAH CARLOS NUESING vew chal for academe, MAE ANGLLIEETANG ie cal fo soe ara, KASTNE ‘AATLITEE IPOS vice cal fr finance, EAPC NA ACCSTA ie shaletor sp, ACE sto CONCLPCION sie cho forks aon ras NNanct WANTICE sojet chat, AIGAlL CARALLE PZARRO asst sutut er NAINAR DELA PUENTE ep, AH (ATRINA REYES ‘So saan, KOWAL AAGAN Italy, HAKCISA ELIA sual Wha sveraoens : ‘ecite Gena, Sean Dur nucsr, ia Feyine Enka Cayaban, Dat A drew Cayabya, Katina Mike Contact, Kata rai Awe Mare fya, Avery Lanamana, se Alp Le, Olver Ube, Tt ta Mca, haene Clara Morara, cath 5 Nava, Mo Lace Ong. Rsk Mathow euro, nd Fencetea Reyeh, Hana kana Eiht, Ma eal Park Wayinao, ay Mange, Pas Domingues, eo! Rotigues, Jean Monnet Salata, Cisne Stes, Polk Sarmiento, mates Mani Sa, Ay Ma Nis ash Sung Stes ine Cherie eyes kiting Tuy, Calestin Verne i, GIN WiseSoi Beda College if Baw Mediation - A third party studies each side of the Gigpute then makes proposals fer the disputanis to consiger. But a miediater cannol make an award or render a decision, Arbitration - the gubirissian of 3 dispute to an impartial person for detrniination an she. basis of evidence and arguments cf the parties, The arbiter’s decision or award is enforceable upon the d'sputants, It maybe voluntary ur compuiscry © For At 211 (g). sce Ail, 235 for more discussions, Chapter 2: Definitions Article 242; Definitions Employer“ one whe employs the services of ‘others; onetor whom employaes werk and who. pays their wages or salaries (Feat Lnworsi'y v Tautisle, GR Wo. 121278 Decombor 27. 1985} any perso’ acting in tho interest of ‘an employe!, directly or indirectly, The term does not include ‘a labor organization or any of its officers and agents, EXCEPT when acting a8 an ercployer. The mere fact that respondent's a lator “union. does tio. mean i cannot ba consiclered an employer for porsoiia'who work for it. Mush lese should it be oxempted from labor laws. (Bautisfa v. Incang, GR No. [808i March 16, 1988) Employee incudes: ‘any pursen in the employ of an employe 2 any individual whose work has ceased a result of or In connection with any current lavor dispute oF because of any unfair jabor practice if he has not-obtainad any oihar substantially , equivalent. and requier employment; 3. Cna whgjhas been dismissed from work but of the dismisuat is being contasted In. foruin of appropriate jurisdiction (0.0 No. 40-03, March 18, 2003), + ‘©The term shall not be limited fo the employees of paroular emzloyer unless the code cexplicily ttates, Types of Employees under the Labor Code 4. Managerial 2. Suporieory 3, Rank-end-fle Note: the distinction of term ‘managerial employee" under Labor Standards Laws. and Labor Relations Laws, See Art, 245, MEMORY AID IN LABOR LAW| 67, Labor Organization » any union or association of empluyees which exists in whole ar in part for the purpose of collective bargaining with employers Concerning terms and congitions of employment. Legitimate Labor Organizatinn - any labor ganization whiah Is duly registered with DOLE: the term includes a lozal/chapter of he Bureau of Labor Relations direcily chartered by @ leghimate federation or national union which has been duly Fepnried to the Nepartment ia accordance with Srotion 2, Rule VI, Sook Y, IRR Of LO of the Riles implamonting the LC (Soe notes under Ants, 234 and 242, 0) Company Union - any labor organization Whose formation, ‘unction er administration has been assisted by any act defined as ULP under the Labor Cede, ‘yr Bargaining Representative - means ‘alior oganizalon whelar ar nat employed by tie employer Labor Dispute ~ inludes any controversy or mratter concerning 4. leims or conditions of employment; OR 2, assacialion or representation 1 persons in agoliating, fixing, maintaining, changing or arianging the lorms and conditions of employmant, + Regardless ol whether the cisputants sland in the proximate relation of inployer and employee, Test: depends on whether it involves or concerns terms, conditions of employment, or ragresentation (SMC Emplnyoos Union-PTGWO w Bo,samira, GR No, 87700, Juna 13, 1990). fen the ueetion bf ‘omipyere™mpioyen .€- ipnshp can bm cele aio ep uae in sa AE ey 1 fabor Standard lepine a cater ay Sasiny et Si teyaly | ian ) ee 8 fitse.g mace8 12009 CENTRALIZED BAR OPERATIONS. b. Representation alsputes. ag, eternivation of the callacive Marganiag unit; ULP strike; unces"amly as (0 determination of the sole wi exclusive argainiag. agent of thy amiployees in an ‘pproprisie bargaming wnt which is the ‘majority anton): © Bargaining disputes (0.0. refusal to bargaln (ULP); bargaining deadiock, ‘aconomic strike or lockout), 4d Contract administration os” personnel policy disputes (0.g noncompliance with CBA provisions (ULP if gross non compliance with economis provisiens); disregard of gravanco ‘machinery: Violation of no. sirikeine — fockeut agreement); and 6, Employment tenure disputes (2.9 non rogularization of winpioyeas; — ilegat tormination;:non-issuance of employment contract), Parties to a Dispute 1. Primary Partios a. Employer b, Employees & Union 2. Seconcary Partios A. Voluntory Arbitrator b. Agencies of DOLE (ok, NLRC i Secretary of Labor @ Cihce of the President . VAC) ‘Managerial Emptoyee » one who is vested with powers OF preiagatives to lay down and enecute managment policies andior Io hie, Gunster, pend, lay off, recal’, discharge, assign ot spline employees, Supurvisory Employee - those who, in the ‘interest of the elaployer, effectively recommend ‘such manageria! actions if tha exercise of such ‘authority is not merely routinary cr clerical in ature But requires independent judgment Ail employees not falling within any of the above". definitions ara rank-andslle employees . Voluntary arbitrator ‘any person accredited by the Boitrd as su or 2. any person named or designated in the CA, by the paries to ac, as their Voluntary Atbitrater: oF jung enoseri wills oF wuthout ie assistance et the National Conciliation and Mediation Board pursuant to a selection procedure agreed ‘upon ay the CBA; ot ta 4, any cfficial that may be authorized by ‘he Secretary of Labor io act as Volunsary Arbitrator upon the writen ‘request and ‘agrewment of the parties to a labor dispute. Unfair Labor Dispute - a unfair labor practice as expruss'y defined by zne !:ode. + Any act intended or directed to weaken or ” feat the worker's right ‘0 self-orgeniz2 or to eng in lawtul concerted activities (aucena, 2004) TILE TWO: NATIONAL LABOR RELATIONS COMM'SSION Chapter 4; Creation and Composition Article 213: National: Labdr Relations Commission (as am by R.A. 9347, July 27, 2006) NLRC - un administrative body with quast judicial functions and the principal government ageccy that hears and ‘cecides " labor-management disputes; altacned to the COLE for program and Policy coordination only. Composition 4 Ore (1) Chairman: and 2 23vimbers + Eight @) mambers each, shall be chosen cily fom antong the. nomisees of the wolkers and employers organizations, Fospectvely » The Chairman ‘and the Seven’ (7) reniaining members shall come tom the public sector, with he latter to be chosen PREFERABLY from among the Incumbent bec arpters. + Upon’: -aésunistion Zintore office, the meiner. somata thas workers, ay employers .. oxpangglion “Fahal ty {, Sao ora tution be ra a: ee workable me + bople the nym gouch int, "pan governtint agen i. fe then tBNL RG: as Note 1 hale 1s, no. ned for $4 a EE on Apponinai contt® ve spgsiions in the Ye, ane os Se constcnenst basis. (Calue/oit ‘Gk No. 91636, April 25, 1992) Ban Heda College of Law acura iaieGR amour ber note) ihe CneAghe BR euttehon to recompnie id for any Tos, rpenges sf?” dame caused By “is 7San Meda College of Zaw improvident or erroneous issuance of such ‘order of injunction, including al reasenaile costs, together with a réasonatie attorney's fee, and expanta 6! defense against the ‘renting of any injunctive rellet sougnt In the same proceeding and subsequently denied by ‘the Commiseion. ‘Note: The TRO shait be effective for NO LONGER THAN 20 DAYS and shail: become void at the ‘expiration of sald 20 days counted from the dete of the posting of tha bond + 8 may be lifted ar it may be upgraded to a permanent injunciton, + the TRO iakes'effect upon its issuance and not upen receipi of the parties. (A.M. No, RTL-98-1 405, Apit 12, 2000) “# the procedura ed substantial requirements: of Art. 216[e) must be strictly complied with efore an injunction nay issue ro labor dispute “ Atticte 219: Ocular inspection The Chairman, any Commissioner, Labo: Arbiter or their duly authorized representatives may, al anytime during working hours: 4. conduct an ocular "inspection ‘on any esiablishment, building, ship, piace or premises, incliding any work, materia implement, machinery, appliance or any therein; and ask eny employee, Ieorer, or any person as the case may be for any information or date congeming any matter or question relalive to the object of the Investigation, Article 221: Technical Rulés NOT Linding and Prior Resort to Amicable Settioment Technical Rules NOT Binding ‘Adrrinistralive and quasl-udicial boules tke the NLRC “are.shot bound by technical rules of procedure in the adjusication of vases (Ford Phils, Salarlee Employwas Aston, v. NLRC, GR ‘Na: 75947, Dacomber11, 1987), + Rules of evidence are not strictly obseived In the proceedings bulare the NLRG (Banrouno, ot al. v. Coca-Cola Bottlors Phis., Inc, GR Mo. 183660, June 10, 2003), © A formal of tral-type hearing le not al all ines: and in all instances essential to due process, the requirements of which are safistied where Parties ure afforded -easonable opvortunity to sgniain their side of the controversy at hang. MEMORY AID IN LABOR LAW] 73 (Liora Mojors ine. v, Dillon, GR No. 82e98, overnber 7, 1889) Fes Judicata applies only to judicial ot quest Judicial proceedings and NOT*to the exercise of ‘admin'strative powers Prohibited Pleadings and Motions.under 2008 NLRC Rules of Procedure 4. Motion to dismiss the complaint except on the ground of lack of jurisdiction over the subject etter, Improver venue, res judicala, proscription and forum shopping; 2. Motion fer Bill of Particulars; 3. Motion for New Tria; 4 Batition tor Relief frorn Judgment when filed with the lat or arbiter; 5. Petition “for Certlorari, Prohibition and Manders; fn 8. Nintion to declare respondent in defaull, and 7. Motion for raconsideration or appeal from any interlocutory order of the labor arbiter Amicable Sottlomant The Labor Arbiter shall exart all atforts to artive at ah amicable sottiemont of a inbor dispute within its jurisdiction on oF befure iis first hearing or during the mandatory conferenens set for the purpose (Tha jules for Mandatory Conailation/Meciation Conference are provided for uniter Rule V of the 2005 NL Rules), Approval of a Compromise Agreement by a Labor Arbiter 7 ‘The comproniise agreement shall be approved by the Labor Arbiter If 1. afer explaining to the parties, particularly to the complainanis, the terms and conditions and consequences thereof: he is satisfied “thal they understand aareerpent 82 that the sang Wae "entered ito treaty ane! Ap voluntary by tnem, Ps 13: A Sai iy on when po ee DS ee Sie, cadeascHhO/ aly LayeFOlteh anf EF ONLY In the follGyiiig instahiebs: ea 1. Horearehnie Nrvet ignite 2 He reprint orgerisaion which is ply aif9 provided thal he shail be Mace to present a verified B24 [2009 CENTRALIZED BAR OPERATIONS Certification from sule organization tha! he is properly authorized 3. He represents a member or mambers of & logilimate labor orar "zation existing in employer's establiennient, 4. He is duly accredited member of any legal aid office duly recognized by the DO. er ISP; 5, He Is the owner or president of a corporation by establishment which Is a party to the case (See. 8, 2005 NLRC Fuios) Attomey's Fees 1. Ail 477 (simple monetary claim) a. The maximum: amount to be gwen a lawyer for his legal assistance rendered is 10% ‘of the total monetary award adjudged ‘the employees exoliciny. tie award for moral and exemplary damaues ‘To demand more than this ia uniowtul 2 Art 222 @ Atlorney’s fees for CBA nagoliations and conclusion shall hein the amount agreed ‘upon by the partios to be taken from the union funds and net trom individual union members, b. This Article pronibits te paymens of attomey's fees only where the same is cffocted through tarced contributions tren the workers from their own funds as distinguished from union funds, Neither the lawyer nor the union itself ‘may require the incividual workers to assume the obligation to pay the atlorey's fees from their own packets, Any agreement to the contrary shall be rll and "ola, Bees Rag its the payment of atlomney's fees only| Prohibits the award of atlorriey's fees which exceeds 10% | when. it is effected! of the amount’ of| tough forsed | wages recovered | contributis.. trom. the) workers "om their own funds as distinguished from union tunds PURPOSE: fo fix the i tnit‘on the amount of alorays "fees,| workers ol bs duly io Pulpoze | The victor party Individually contibute the imposition on the to prevent may recover in any| their respective shares, ‘administrative or! in the feo lo be said lo Juice areceeding. | the attorney for his services to the un on, San Meda College of Faw Chapror 3: Appeal Article 223 Appeal Grounds for Appaat (E1.2P) 1, If the decision; order or award was. secured: ’urnugh Fraud or eouician, including grat and cornuptian; ; 2. ifsructe purdly on qusitions of La 3. I serious Eors in the fincings of facts aie 'eisen which would cause grave or ireparabla, dlarsane or injury to he appellant; ana 4. “W tnere is Bria facie evidence of abuse of siseretion of the parvof the Labor Abit Peclods within Which te Appeal 1. Decisions of the Regianat Director - within 8 calendar days from receipt; of the order (Ait. 129, LC ~ Recovary of wages and simiple money claims of an vimount not exceeding §,000) i 2 Dycisions of the Laugr Arbiter = within 10 calendar days fron” the receipt of the Akcision, Note The Code states eaiendar, nat working vays, Hence, in counting the 10-day period, Saturdoy, Sunday, and Lagal Holidays ere not excluded (Viton ‘Shipping and Manne Services V. NLRC GR L-58011-12, July 20, 1982), + Ifthe 10" or &" day, 23 the case may be, falls 99 a Saturday, Suneay or holiday, the Last Gay 10 perfect the aspeal shell be the first working day following such Saturday, Sunday or holiday. + Ny futon for Reconsceration is avaiable in questioning the Labor biter's decision {2008 LRG Rules), : Poriod Not Extonaible The perfection “ft Appeat, within the galioniedomnryt gigi ® “net” ory BDATORY Dit glg9 J »RISOIETIONAL fale UG to do 86 fehters ‘ths questioned ydsteven 1 fino! a vonliog Hilnolandipeer apoaei contilivig the! tounge” iggl4@faised and anya Ouduridlas, esiddkrellats sought fopeal and wih TM tg Btn os appealed decision, ordée or resolution;$a Beds College of Law 2. in three legibly typewritten or printed copies: 3. proof of payment of tne required appeal 'ea, 4. In casa of monetan; award, an anpesl by the employer may he pariecied only by. the posting of a Bond (cash deposit or surety bond) equivalent in amount to the monetary award exclusive of damages and attorney's fees, 8, preof of service upon-the other partiec, end 8, certificate of non-forym shopping. Note Where the employer failed to pest a bond 'o perfect ite appeal, the remedy of the employes 3, a motion to dismiss the agpeal, NOT a petitier for mandamus Note: The bond is sine qua nori ta the perfection of appeal from the labor arbiter’s monetary decision (Catubay, ef itl NLRC, GR Ne, 1492S, April 12, 2000). property bond acceptable (USRM-Metinsial Mastic! Comor v NLRC, GR Mo. 110419, tvarch 3, 1997) Note: No motion to Irseuce bond shalt be entertained exexpt on ineritorious grounds and ‘only upon the pos'ing of a bond in a reasonable amount in elation to the monatary avrara, Note: Fsiture to give a copy of the appeal to the appuivse within 10 days Is not fatri IF thy later was no! prejudiced by the delay In the service of said copy of the appeal—technical rules must yieid to the broader intevest of substantial justice (Moder Hsing Gear Labor Union v. Noriel, GR No, 53907, May 6, 1986) Notice «f Appeal A mere notice of appeat does not step the ruining of the reglementary pericd of appeal Execution Pending Apzea! +The decision of the labor nihiter ordering iho rerrstatement of a dismissed or soparate:t empicyee,’ shall be immediately exacutory insofar aé the reinstatement’ aspect | ‘congarned end the posting of an aposal bond by the employer shall not stay such ‘exacution. ‘+ There Is no need for & motion for the iaauance: of «it of exacution on the reinstatement orcier ‘as Ii Is. suimexecutory (Pioneer lexturizing Comp. v. NLRG, GR 0. 118651, Ovtober 16, 1997) Options of The Employer In Complying with An‘ Order of Reinstatement Which Is Immediate And Self-Evecutory 1. He can admit the dismissed employee back to work under the sama terms and conditions MEMORY AID IN LABOR LAW| 75, prevailing prior to his dismissal or separation fF to @ substantially equivalent position if the Fooce poeiion in randy flled up: OR 2, tle cy Fonsi Ha the emnployoa merely In the payrolf with vayment of the accrued salaries, Noto’ The exerrise of ene of the foregoing options: may be compeliod under prin of contempt and the employer may be made to pay the salary of the employee instead, Fayroll Reinstatement ‘One where en emplcyee is pald his monthly salary without making bim perform actual work. It applies in termination cases whare the labor court declares the dismiswal legal and orders reinstateraent of the emp’syee, but the employer does not want acluslly or ghysicaliy reinstate him and instead, al the employer's. plion, merely reinstates the employee in the payroll pending appeal indicia Reviow Rules No law allows a appeal from a dacision of the: Secreiary of Labor, ar the NLRC, er of a volentary arbitrator Note: Oscisions of Yoluntary Arbitratore are appeatabi to the CA under Rill 43 of the Rules of Court in relation {0 Soe. 9 of BP Aig, 129 Voluntary Arbitrators. are lo be considered a quasijudicia’ agencies whose decisions ara ppeaiabie to tho GA (Luzon Dovt, Bank ¥. 4ssoviatin of Luzon Devt Bank” GR No. 120319, October 6, 1966) 1. The way to review NLRC decisions is by special civil action of cortiorari, prohibition o: mandamus under Rule 65 of the Rulos of Court, YsNete: A petiten for certioral! shal NOT 3 “Agigpend) the exécutiontiot ne ‘FagGision of the NRW UNL i#aUed by.CA ar. BC Fes 200), 2, SA ctor a we siete ora or Arbiter Howel acne torr ration ot a fea Serna i een feed at appeal76.J2009 CENTRALIZED BAR OPERATIONS Only one Motion for Reconsideration 0 the decision, award or order of the cosnmissian in a8 Appealed before iis allow 1 Procedure on Gases Originally Filed With Tne Labor Araitor LABOR ARBITER (no MR) 1 Appeal to the NLRC Bivisiun (appeal trom NLRC to the Bac, of Labor abolish ad under P.O. 1391) 1 Court of Appealér:{Certiorari under Rule 65) SOR Supreme Court: (Petition for Review uniter Rule 45) Article 224: Execution Of Decisions, Order, or Awards When Decision Becomes Final Aust Cxocutory The decision of the Secretary of Labor. the Commission, the Bureau or Regional Dir2cier, the Labor Arbiter, tha Med-Arbiter or te. Voluntary Arbitrator shall be final and axinutory after 10 calendar days irom receipt therwut by “he parties and shall be executory within ton (10) years Who May Issue Writ of Execution Sweratary of Labor, Regional Director: 3. Comm 4. Labor Abit 5, Med-Arbter: and © Voluntary Arbitrator or Panel of Artatratos Wien Wit of Execution May Be Issued + ‘Tho foregoing may, upon ily owt tative o¢ on mation of any interested party, wsue a wit Of execution on a judgment wins & yoars Hone the date i becomes final und executory. * An indeyendent aetion which is an action to favive Judgment 1s required for the execution Uf the final judgment within the next § years (Phi, Nationar Raiwoye v. NLRC, GA hu 81251, ‘September 19, 1985). ‘Mannor of Execution May Be Appealod + Finally of judgment becomes a fact upon the fase of the regiamentary punwd 4 appeal and Hf 93 appedi is perfected. in such a situation, the prevating party Is ented a @ Matter of right to a writ of execution eo eee San kei da College of Lary © [There is a big differance if, what ss sought 10 [be teviewed is not the Uadision itsel but the Irnanne. of ts execution. While itis true that Ine uacision has becons final and executory land $0 ca no tonger be challenged, there is [no Guestion either that i must be en‘orced in lsccordance with its terme and conditions. The LRC has authority sto, lek Into. the Eorreciress of the exe:ution of the decision "id to consider superveniny events that may flock such execution (ABO! v, NLRC, GR 1a !65173, October 27, 1996). Remeries uf a Third Parly Whose Propeny Has, Been Wrongtuly Levied To Entorce A Becision: (Cumulative) 4, File! third-party ctaim vith thegherif or ine abo: Arbiter, and : 2. Action for damages Independent rvivindicatory action (Section 18, Rule 37 of the Rutas of Coury BTC injunction against NLRC Gansrally, 90t aveilable, However, the generat tute {hat ho cout has the power to interfere ty isjungton wil judgments of anomner court with con afrentcrordinate. jurisdiction apples ONLY s herl ne third-party complain is involved (ibid) Treteiore, if the proneay under tevy doee nt along to the jackiment devter in the NLRC cane tt could not be vaily levied unan by the shen for the sétistaction ofthe judgment therein ifthe third Ay clamant does not ivoire nor grows aut ef 2 iavor espute, © separate action for mjunctive ef ayanat such levy maybe maintaned “= court] Co Tua ot av MUEC and CLUP, GA No. 12232, apn 22 199m) : OF LeBOR RELATIONS Dye uke Dureind oF Labor Rolations Adc Adglowon by Nema webifouat te £0126, we “Gshohition jand, Mader, 0 Tae-absegoe pepe Bini er roe + Tot), uiacigrs SaAfivoA angie “aeory S RE | 7a : ayo ones ‘probleme Suen Ch cE ee Sw & ti NLRC, POEA, “fegional wage andHan WBeda College of Zar productivity boards, NWPC, and oven the regular cotins over ntra-corporate.cisputer. Med-Arbiter » an officer in the regional office or bbureau authorized to hat, connillate, and uecide representation cases oF iisaist In the dis position 34 intra or inter-union disputes, Exclusive and Original Jurisdiction of The BLR To act at its own initativs oF upon the request of either or both parties on ul: 4." INFRA-union conti 2. INTER-union conflicts; and 3. Other related labor selations disputes Note: £0. 251 OF 1987 removed trom the Jurisdiction of. the BLA, *all" labor-management disputes. The effect of $.0. 251 Is to transfer to the NCMB the .medation, conciliation, and arbitration functions of the BLR, + The variiés may, by: agreement, settle their dhierences ty subrilting theit! case to & voluntary’ arbitrator ‘rather. than’ taking the case to the BLR. £.0. 292 or the 1987 Administrative Code provides for tie current functions and’authority of te DLR Sec. “6 Bureau of Labor Relations ~ The BR shall 1. set policies, -standanis, and procerures on the registration and supervision of legitiniate Tabor union activities including. denial, cancellation, and revocation of labor union permits 2. set policies, standards, and procediras felsting to collective bargaining agreements, and the examination of financial recorus of sccounts of labor organizations to determine ‘cornptignce with reletant iaws 3. provide proper orientation to workers on their ‘schemes.fand projects for Improvement of the standardg: of Ilvng. of workers -2nd_ thei farilies. Intra-Union Disputes - tefer to any conflict between and among: union members, incluaing rievarices arising from any violation of the rights ard vondituns of membership, violation “of or disagreement over. any frovision of the .uninn's constitution and by-laws, or diaputes arising from chartering of affiliation. Inter-Unton “Disputes. - reler to any cenit between anid’ among legitimate . labor ‘organizations Involving repisaentation questions for purposes of collective bargaining or {3 any MEMORY AIO IN LALOR LAW| 77, other conflict or dispute between legitimate labor organizations based on any violations of thelr ‘igh ts as iabor organizations, Coveruge of Inter/tntia-Liaion Disoutes (Soe. 1, Rue Xi, 0.0, 40-03) i. canceliaiion of ragistration of a labor organization fled vy its members or by any ather labor organization, 2. conduct of lection of union and worker's, association offcersinulification of election of ‘umn and worker's association officers; 4. avdivaccounts examination of union oF worker's association funds; de-registration of CBA: valiityinvaiiity of union disattliation; vatctyfinvaidty «of seveptance/non- ‘acceptance for union merabership; valctylinvaid'y of impegehment? expulston cf union and worker's asbaciation officers valiityinvaiiity of voluntary recognition; ‘opposition to application for urion end CBA registration 10. viclations of or disagreements over’ any provision if 3. union oF worker's association constitution and by-laws; 11, disugreements aver chartering or registration of labor organizations and CBAs: 112. violations of the rghts and conditions of union or worker's associa:ion membership; 18, viclations of the rishts of Jegltimate. labor orgnizations, except interpretation of CAS, ara 14, such olner disputes oF confiets :nvolving the ‘ights to sett-orgarization, union membership, and collective barcaining = 2. between and among legitimate labor organizations: and b. belween and among membe:s of a union on Hak ete affliation ot 7‘an 78 12009 CENTRALIZED BER OPERATIONS ‘Nota: Imposition of fees by the union atfects the entre membership, therefore, it requires that the comp.alnt should be signed by at ‘east 30% of the membership of th> union. B, Involving a Member Only In such ease, only the affacted namoer may fle the complaint. Redrese must ‘rst, be ough. within the uran iigelf in accordance wth ils constitution. and byclaws EXCEPT ‘under any ofthe following circumstances |, dutity of intra-union remedies; “2. Ieaproper expuision procedurs, 3. undue delay In appes: es to constitute substantia injustice) the action Is for damages: lack of Jurisdiction of the Investigating boty, 6. action of the administrative agency is Patently Wegal, aubiteary, and oppressive leaue fs purely'a questin of law, where the ‘administralive agoney had already prejudged the case; end 9, where the administrative agency was practically given the opportunity to act on {the case butt did nat Effocts of Filing or Pendency OF Inter / Intrax Union. Dispute And Other Labor Relations Disputes (See. 3, Rule Xl, DO 40-03) 1, The rights, relationships way obligations of the party-itigants against each other and oiher partes-in-interest prior to the institution of the petition shall continue to remain during tre pendency of the petition and until the dace of finality ‘of the decision rendered. therein, Thereafter, “the rights, relationships and obligations of the party-itigants against each other and other parties-In-interest shall be governed by the decision 80 ordered. 2. The fing oF pendency of any interfntra-union disputes is not a prejudicial question to any petition for certification election and shail not be a ground for the dismissal of a peiilion for ‘cartification election, of susyension cf proceedings for cartificatiun election. san Meda College of Lavy Modes of Appoal Ir intrafintor-Union Disputes éRuta X1, 9.0, 40-03 A 1. Under oath 2 Sonsist. of a memorandum of appeal ‘3.Based. on either of the! ARG foowing grounds: ACEI a. Crave. abuse’ ct HATRED ciscreton. SAUER) b. Gress violation of the Rules : 4. with, supporting | * aiguinvats and evidence Bureau of Lager Relations| = ifthe 2280 afginatee from Med Arbler Regional 2 g & Sec. C' Labor « if tie case! originated trom the Bureau Bi Rogionii Office or to thi FA BLR, voce: the complaint originated (cocords are MY canar'ted to the BLR or HPA Soc. vaihin 24 hours from Greceiot of =the FE merrorandum of appeal) _ | Fiowshart of Appeal From Decisions of Made Arbiters Med Arbiter/Regionat Diroctor t Appeal to” BLRIXor to the Seo. of Labor it origineted from the Bureau) oe corte 1B “iMEMORY AID IN LABOR LAW] 79) Tor grounds under “88a Tony Teyitmale labor ‘ngatization (LLO) rromber(s) hereof spacially concerned : _Fer grounds under See. 2: eny party-in-interest {Regional Ofice thal i8siiad ile certficate of registration ‘ar eartifcate of crenilon of chartered local: I it Involves labor unions with indeponcant ragistrations, chartered locale, worker's asscciation, its officers or members, Directly with the Bureau -if It Involves a Federation’ National Unions/ Iniusty Unions, ks offears. or in wring verted Under oath : 4 3. contains the following avérip ante: 2 a‘ Oat is a, name, address jad other personet f aN circumstances of. {je complainant(s) or ; pattioner(s); * 4 ‘ Rew “ name, address and other personal : : circumstances of the respondent(s) or person(s) charged; nature of the complaint or petition: facts and circumstances. surrounding ‘ha complantor petton; causes of action or specific violations committed; a slalement that tne administrative Temecias provided for In the consitutor and by-laws. have been exhausted) for such vemecies are not” readily | ‘ ‘ avaliable fo tha complainant(s) or ae deme : pettioner(s) shrough no faut of his! i their own, compliance with such administrative as Ld ‘at welt ils remedies does not apply 0 comlsinag\(a) or getitoner(s). 4, elite) prayrd 1 apres i per relevant alts is tems as£80 12009 CENTRALIZED BAR OPERATIONS. ‘Adininistrative Functions of the BL 1, regulation of registration of tho labor unions, 2. kooping of a ragistry af labor unions 3, malntenance af a fle of GBAS; a0d 4, ralitenance;of a flo of all so‘tiemonts oF (inal decisions of the Suprame, Gourt, Court of Appeals, NLRC and other agencies on abot aisputes. Gases Where the BLR Has No Jurisdiction Those arising from tho implementation” or interpretation of collective bargaining agroumonts wiieh shall be subject of grievance procedure andior voluntary arbitration. Article 227: Compromise Agrowments Compromise Agrooment - contrac’ waereby the parties, ty making reciprocal con sessions, avod litigation or put, an end to one alread commenced. ubstantial Requirements must be freely entered into; must not be contrary to taw, morals or pubiic policy; ‘must be reasonable; and ‘must be approved by the authowty before whom the ease is pending (sae discussion on Article 221 — approval of Labor Arbiter of an ‘amiicablo settlement in a casy bofore nim) Nee Formal Requirements 1. Inwrtlng; and 2) signed inthe presence cf the regional sector ori duly authorized representative, (Sec. 8 Rule li of the Rules on Disposition of Labor Standards Cases in the Regional Offices) When May Compromise Agreements Be Effocted +R may bu effected at any stage of the proceedings and even when there Is already final executor, judgment (Art, 2040, NCC). + It cannot be “entered Info when the final Judgment is already in the -process of ‘execullon (Jasaiva, of al. v. Bautista, GR No. £-11928-—L-19320, March 24, 1959). Compromise Agreoments Witn y. Without te coer nL REE Seg uetea| Vola ‘and birding| Uupan the parties L 30 Can be repudiated by} Can nu longer be) ‘na panes by golng| twpudieted - becomes tothe Commission, | fnat -and bin - upon the parties upen fe NCTE: ULP cases| kecution EXCEPT fre not subject tol it case of non compromise Zampliance with We : Sompromise Sgreement or \ i there is prime facie \ avidence” that the | Seltlement Was I Splained through favs, v misrepre- rental, or fpercion, Options When Compromise “Agreement Is Violated 4. enforce compromise lV wit of execution; or; 2. regard it as rescinde:t and insist upon original demand. : Roquirements of a Vaild Quitclain . 1. Ths quitslaim must b3 volunterly errivad at By te parties; prs 2 Ntmust be with ihe nssistarice of the Bureau of Labor Standarli, Bureau .of » Labor Felaions or any representative of the DOLE: and 3. The consideration must be - reasonable (required only when entered without the assistance of DOLE}. - : tits Ore nacassty irl an secatabe a1 for anouiing. he relgigea, especialy in the absence of proof-thial.tie erivlovees were forced geste Inamivaleae VEGOLERGR No.8 “ys BUN HEE yf Nee t: Likiiikaivers-of -moneyiotoiongy & ratatjerlon at ras & sia ipa sen dpe tie “iyharsh Bothoel ig Joah3} 10574 Np atic Cottogd + THnd peace (7fan Bede College. of Lato * An UNREGISTERED CBA does not bar certification elaciion (Contract-Bar Rule wit ‘ot apply in the rtsence of registration), (See notes under Arts. 163, 253-A ond.256). Procedure for Registration 4, Submission of chpias of the CBA to the Bureau of Labor Relations or ihe sional offices of DOLE within 30 days ‘rom ‘execution, accomeanied by the following 2. Verified proof of posting .n two consplouous pieces in the place of work; and 8. Verified proot of ratification by the majority of all the workers in the bryaining unit 2. Action upon thé application for registration within five (6) calender days from receipt thereof 3. The regional oifice shall furnish the BLR with @ copy Af the CBA within fve (6) days frory its submission 4, The BLR or regional office shail assexs ihe ‘employer for every CBA, a registration fee of not less than, F1;000.00 or any amnunt seamed appropriate by the Sceretary of + Labor, , 5, Issuance of Certficate of Registration Note: Registration of the CBA is not a requisite for its vatiity. + ‘The certification of the CBA by the NL is not required to pul @ stamp of valinty to such contract. Once it is duly entered nic and signed by the partes, 8 SBA becomes ofective as between the parties reyardiess of whether or not the same has been ceded by the BLR (Liberty Flour Mils Employoos ¥, LEM Ine., GR Nos, :i8768~70, Decunber 29, 1989), Aiticte 292: Election °) Prohibition on Certification Contract-Bar Rule: Wrilo:@ valld and reylstered GBA is subelsting for u fixed poriod of 8 years, the Burewu Is not allowed fo hold an slection contesting the malorily status of the incumbent union EXCEPT. during the saxty (60) day-penod Jimmestately prior to its expiration, which perio! is ‘called thé freedom porksd. + ‘Note: In. the absence of-such timeiy notice or fling of patition, the:eonttact executed during the “automaile renewal period Is a bar.to certification ‘lection. vet + Tiare shall ke nd amendment, alteration, or termination: of any of thé’ provisions of the CBA except:to. give. notice of ono party's ntentior {0.amend, ailet and tenninala the provistons within the freedom pe‘iod. . MEMORY AID IN LABOR LAW] 81 + Economic prowsions of the CBA shall ba feregotiated not fator than three (3) years. ‘The " economie provisions with specific, terminaticn datas when renegotiated and signed within six (6) months from: their termination or expirstion become retroactivoly effective “Ihe vay after thelr expiration if dexond sis (6) months, the effectivity. wilh depecd upon te agreement of the partes (See uiscussion under Art. 256). utsites for Contract-Bar Rule 1, The agreement Is existing, /#., the parties have ouly executed it In conformity with the. necessary formalities; 2. Itwas ratified by the union membership; 3. Us adequate for Rcontaing substantial term and condilars of employment, 4. ft encompasses the employees in tho appropriate bargaining yt. 8. twas. not prematurely! exte ded, the CBA was not hasty entérae Into (doctino oF premature oxionsion " does not bn Cortiication ection). @. tis fore rofintn porivc 7. Ne schism or. mass disaffilation affects the contracting «union during the lifetime of the agreement; 8. The contracting union ts not defunct: 8. ihe contracting union Is not comnpary= dominated (see discursions in Arts, 256-269 Potton for euification Election). Article 223: Privivoged Communication Privileged Communication + any statement of such privacy that the law exempts the person receiving the ‘formation from the duly to disclose h Not Avallabie as + Information and. statements made at conciliation ‘jfboaddings,éball,be treated os «fj, Mivlogsd, comic 'aueshall not hp “ARQ ysod a3 evconc yeep. {Cpncilators’ “afd “al ‘offciais ry vot GGcty"in' Anpé boat SRbdy aR ony a i taken-up et dudted bf ther) cy{82 |2009 CENTRALIZED BAR OPERATIONS Purpose of Formation of Labor Unfons: tor securing falr end just wagas and good working cconultions for the laborers; and for the protestion ‘of favor against the unjust exactions of capital Modes of Acquiring Legitimacy For. Labor Organizations (RC) 1. Registration wlth the BUR. (independunt Union). Chartering or Issuance of a federation or national union of a charter certificate. San Bein College of Law mynS Beda College 96 Fry Union Independent Union Exclusive Bargaining Representative Worker's Association Legitimate Worker's Association _ | patgabiog ont MEMORY AID IN LABOR LAW| 83 my ‘Any rien of association of employees in the private sector which oxists it whole or in part for | the purpose of collactive bargaining or of dealing | with employers ccncering terms and conditions loyment (0.0. 40-03) _ joor organization. in the ed for collective bargalning ard for other Note: Not every legitimate labor organization can act as hargaining representative and be certified | as such, This is true ONLY of @ union that has ‘won in certification lection or has been voluntarily recogni: 3d by the employer (soe cotusive bargain’ g representative below), Laiiiiale” Tater” inios daly” Tees greed oF ertifed as the sole and exclusive bergalning fepiosentalive or agant ofall the eniployees in a ‘Association of workoré siganized tor the mutual | aid and protection of its members or for any legitimate purpose other. than collective of woriers organized for mutual and protection of its members or for any other than DOLE legitimate purpose collective bargaining regist84 12009 CENTRALIZED CAR OPERATIONS _* Classification of Lbor Organizations 1. Nationa’ Union/Federation - any labor ‘organizatior, with at inast 10 focals/chapters each of which must-be a duly certified ot recognized collective bargaining agert, 2 Industry Union « group of logitimate labor organizations within an kientified industry, Oiganized for caliectiva bargaining or for dealing with employers concerning term and conditions of employrient within an Indusity or for participating inthe formulation. of social and employment policies, standards, andl progeams in such industry registered with DOL: 3. Frade Union Centar ~ group of reg stered national unions or fedarations organized for the nuutual ald and protection of its members and for assistiny Huch members in collective bargaining or tor participaiing in the formulation of Social and employment policies, standards, und jstograms duly Fegistored with tho Department 4, Alficnce » aggragarion of unans existing in ‘one line of industry ar in « conglomerate, a {group of franchisees, a geographical arna, or ati industelal center 6 Company union ~ a tabor organization which, in whole or in part, is employer controlled or emplayer-domninated Requirements For The {ssuance Of The Certificate OF Registration Of A National Feduration, National Union Or industry Or Trade Union Center Or An. Independant Union (As Amended By R.A, 9481, June 15, 2007) 1. R60 registration foe: 2, Names of its otficers, tholr addresses, the principal address of the labor organization, the minutes of the organizational meetings and the list of the workers who participated in such meetings; | case the applicant is an independent Union, the names of i its members comprising at least 20% of all the employees in the bargaining unit where *t seeks 10 operate (see Art. 255 for definition of bargaining unit), 4. the applicant union has been in existence for one or more years. copiss of its anual financlal reports; and 8. 4 copies of tho constitution and by-laws of the applicant urion, minutes of its adaption cr ratification, and the list of the members who partvipated in it. Note: Creation of a LOCAL CHAPTER does net wed subscription of at least 20% of the huembers. Minimum number of members <= Sin Weve Calte of Tas: Beda Collene of Zab applicable only t0.Tegist ain of indeperident: vaiion, ° Article 234-4; Chartering and: Creation of a Locu! Chapter (new picvision inserted Dy RA. 9981) ‘A duly registered federaton or national union may diructly crea a toca chapter by issuing a chartar cortifoste Indicating the establishment of the local chapter. The chapter shall acquire ‘egal personality ONLY fo" purposes of fling 2 Petition f>r certification election trom, the date it was issupd & charter certificate Note The chapter shall he entitled te all other rights ond prvileges of a legitimate lacor organization ONLY UPON THE SUBMISSION OF Thiel FOLLOWING. 'NOCUMENTS tw ADDITION TO ITS CHARTER CERTIFICATE. 1. Names of the chagter's officers, their vcidrusses, ond the principal office ‘of the cuupier Ghupter’s cunsiitution end by-laws; PROVIDED, that where the chapter's sonulilution ‘and by-laws are the same as {iat oF the federation oF the national nish, lus fact shall be-indicaled accordingly. Note. The additional requirements shalt. be certified uncer oath by the secretary of treasurer of the chupter and attested by lis president, Excoption: A supervisors’ union is not allowed to atfiiate with the same ‘ederation as that of the ranieandefle union when two conditions are presant 1, The rank-and-file employees are diectiy Jer the authority..of the - supervisory enployeess 2 anboedeateve, & The national fsievabion i ai gglq union acta’ in Wes conn ye Uniorsty etaa Cynara Cotes ng v! Lagueginy GR, No, 4 Medicine v. Lagues GR No, 10% pz, toa oe et centennial“Boon Beta College vt Law MEMORY AID IN LABOR LAW] 85 to File Appiitation For Registration 4, For registration af independant labor Unions, chartered foals, «workers associations shall be filed with the Regional Offa where the applicant principally {thal bs pravossed by the Labor 2. Applications for ragistration of federations national unions of workers’ asscclations operating in more than one sagion shall be filed with the bur-au oF the regional offices, but shal! be processed by the Burenu. Ministerial Duty of the BL! Mandarus + Te review the application for registration and not the Iseuancr of a Certificate of Registration, + After 2 la¥or crganizstion had filed the necessary .papers and documents for registration, it‘ bdcomes mandatory for the BLR to check i the requirements undor Articis' 234 have been sedulously complivd ‘with. If Hs apptcation for registration. is viisted by fslfcation and serious irregularities, especially those appearing on the face of the application and the supportiig documents, a !abor organization should b3 denied “ecogntton as a legitimate labor organization. (Pragrassive Development Corporation-Pizza Hut v. Leguesme, et, al, GR No. 115077, April 18, 1987). Competiable By Purpose of Registretion Repistration with the BLR is the operative act that gives rights to a labor crganization Le tis the fact of deing registered with the DOLE that makes a: labor orgenizatun legitimate in the, sanse that itis clothed with ‘gal personally to claim representational ‘and bargaining rijihts enumerated in Article 242 dfto strike or picket under Artiste 263. 2. The fequiremint of registration is NOT a curtalimont of the right fo association, iit merely @ condition sine qua non for ihe aequiaition of Iza personality. by tabor organizations, @szociations or unions and the possession 2° the rights and privieges granted by lew to ‘abor organizations, ihisia valid exeriso of police power since the activities In which labor organizations, associations, “u:) unions of workers ere engaged atfect public Interest, which should be protected (PAFLU v: Sec. of Labor, GR 1.2228, February 27, 1969): Federation - any labor organization with at least 40 looalsichaptere cr affiliates each of which must be duly certified of recognized as:the sole and exclusive co.lective bargaining egent of the empioyer they repvesent, Requirements Be ore a Federation Can Be Issued A Cartif se OF Regietration ‘Aside from the applicallon, which must be recompanied with the requirements for registration of a labor registration, : the ‘apnlicalion should also be accompanied by the following 1, Proof of affiliation of at least 10 fccals or chepters, each of which must ba a duly recognized sole and exclusive. collective bargaining agent in the establishment or industry in which it operates, supyorting the registration of euch applicant feceration of rational-union; 2, Resolution of wtiation of legitimate favor organ indevendent unions or «ty each of which must be diay certied of @ recognized bargaining: "agent «In the establishment where It seeks tu opérete} and + 3. Names arid addresses of the compen where the affiiaies oparate and the list ofall the snembers in each company Involved, foast ten (10) Hon, whethe tered focal Unions at Enterprise Level A labor union al enterprise level may be created either by. 4. Independent registration 2, chartering we8G |2009 CENTRALIZEL BAR OPLRATIONS ‘Obtained union organizers in an enterprise through their by regictered federationinatio | ral union issues fa charter to a union in an] onterprive and fegisters the charter with the | regional office | orthe BLR Wit” iogal] No legal personally | persoralty of ils own once it sisafiiates with the legitimate labor federotion because it is only. legaimizet by affation £|Aepleation or) Charer by federation oF national union BY ooLe 's fied with Regional | Regiona’ tics! Office where} or BLA within the applicant's; 30. days al er priacipa’s | the issuance of ofce is the charter locates. certifi Afiate - ag indopondontly rag'sterec) union {hot entered into aa agreement of asiation with a fedoration or national union. W alse veiers 10 @ chartered local which applied for and was granted an independent registration put is ect ‘igafiiata from its mother federation oF navional aan, Affiliation Of Local Union With A Federation The procedure of affilauon would depend on ‘whether the union is Independenty ragistered or not. Ys Hai Beda College of Law Roguiraments of Affiliation (As Amended By , 0.0, 40-03) 4. Report of affiliation of. independently registered labor union; 2 Attachments: fa, resolution of the labor unlon’s board of irnctors approving the affiliation, b. of the. general inembership” meeting “appraving the affilaton; c, the total number of membars Cceimprising the labor ‘union. and the ames ‘of memberé who approved the aifliation, tho cortfcate of sfiation issuad by the federation in favs: of the indapendenty registered labor uilon; and fe. writen, notice 1a. the employer. concerned if the affiiating union is the Incumbent bargaiting agent Note: Supervisor's unign and the, rank fle union operating; within the same establishment muy join the same federation oF national union, (Ars: 248 amended by R.3. 9481) Disalfiliation Once affiliates, @ local union may visafilate fom the federation. Wher to Disaffiliate General Rule: A labor union may disatfirste frotn the mother union te form an independest union only during the €0-day freedom period Inmediale'y preceding the expiration of tne CBA Excep.ion: OISAFFILIATON BY MAJORITY * vec th paso hte at a laaPNQhOR FOYSE jr Bet dr ns 2 altiig tink ek dawtve 0 ; til Sebi ataned une t poss % brs) a ee uch & rE RE BARR Romeo bo niprofe ot bat 98 CBAs ral tion to a minister e : " if . 7 oatt fordanct with is era Sean 86Sin Beda College of Ha MEMORY AID IN LABOR LAW] 87 © A. prohibition to eisatfiinte inthe Federation's znstitutlon or by-laws is vaild Intended for fa own protection. Chartered Locel... created by a fedérution of ational union thra.igh issuance of e charter, Revocation of Cniirier By The Fodoration - vy serving the localichapter a verified notice of revocation. copy tumished the Buteau on the ground of disioyalty or such other grouncs as may be specified in ts 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 focal chapter has acquired independent seistration. (Sec. 6, Rule Vill of the IRR of LC), Nete: The cancelation of registaton of @ federation or national union shall operate te vest is locals/erapiers of the "talus. as legitimate labor organization UNLESS the locale ‘chapters are coveted by a duly registered Gollective Bargaining Agreement In the letior case, the locals/chapiers shill be allowed to register a9 independent unions, failing which they stall lore their ‘egllimate status upon the EXPIRATION’ OF THE CAA (implementing Rules: Book V, Rule Vill Soc. &; Anicle 236: Denial »f Registration Decision Decision of the Régional Office o the Bireay donying the applioatiar for registration shall be 4. Inwriting: 2. stating jis cleat terms the reason for the decision; and 3. applicant unio! must be furnished a copy of saidttecidion & “ Appeal ', i + Decitions ‘of the Raglonal Office shall be + appealibie to the BLR and Ca. The ULR's decisions on cas appealed from Rgional Director are tine! and not appealable to the Secretary of Later, + Decisions.of the BL denying the registration, nf m Iebor organization (federation or national vaio) Is appvalable tu the Sécrétaty of Labor within 10 calendar days from feceipt cf the decision, on grounds of: 4. Grave abuse of discotion; or 2. Gross incompetence, Decision of Secretary. of Labor ‘eppeaiabia te Court of Appeals, Registration of Indepondent Labor. Union Filed With REGIONA\, CFFIGE where union operates: (proceasdd by Labor Relations Ulver) Bureau of Libor Relations (it denied by Regional Director) 1 : Decivion of BLR sppealable tol COURT of ‘APPEALS. , Registration of Federation or National Unioit Filod With *y SUREAL! OF LABOR RELATIONS or REGIONAL OFF:GE: (but processed by urea) i ‘Secretary of Labor’ (If BLR director denies) 4 Decision of Secretary appealable to. COURT of APPEALS. 788 {2009 CENTRALIZED BAR OPERATIONS San Beda College of Lavo ce ee nen ne a Al Meda College of Lato signing aliation the federalict for the issuance ‘of @ charte® certificate to be- submitted {9 the: Bureau accgmpunled by the following: 1. Copies of. its constitution and by- @ws., 2, Stalement of the set of officers, and. books of accounts, all ofwhich must be coitified by . the Secretary! Treasurer and atiested 1. bythe resident. In such caso, the unica. becomes @ local chapter of the Federatior ould not act isting” Upon severa ica, Ieviguld cease i legitimate labor _orgauzation | to be a. legitimate labor and there'ore it would continue | organization, and. "would no {o have legal patsonalily and to | longer nave legal personally possess al the righty ana | and the igh and’ privieges privileges of 2 legitimate labor | granied by law’ to legitimate | organization organization, (inlese the Iced | chapter is cayered by a duly registered ccilective bargaining | | agreement. #1 the latter case. | Te local ehapt.r wil not lose ts | ‘egal parscnality unt - the | expiration of the CBA, After the | CBA oxpires it wil [ase its legit Personality uniess It registers a eee an independent ui ‘a existing’ CHA wuld Goinive |The CBA would continds To be fob vad a3 the taber | valid. The love chapyer val rot organizatin car contin.e | lose its personality “until tne | administering the CBA expiation of ie CBA, After the Expires vine jocal_ union, i A Epi € be Saige ay unas registers anor My i Uiik auobPiray 86 the union duos |isalacted a3, thece ag federation trom wh dongey-be ueyiahor ug A ocganieation cisativateg |18912009 CENTRALIZED BAR UPERATIONS RLIRQOO.CENTRAUZED BAR UPERATIONS Modes of Appeal Dental offCancellation by: A. REGIONAL OFFICE . 41. Transmit rsrords within’ 24 houea trom at of f-bni0-e2 Apps RBI HOHeE URAL Neces siote 20 ays from + Tecelpt of record 3. COURT OF APPEALS. Rule 65. B. BUREAU 4, Trangmit records within 24 hours. ftom receipt of !temo of appeal 2, SEC: OF SOLE decides within 20 days ftom receipt of records ‘3, GOURT OF APPEALS - Rule 65. Note: Appeal by rneino of appno! within (0 days from receipt of notice. Article 238: Cancellation of Registration The certificate of Fegistration of uny teutimate {aber organization, whether national or local, may be cancelled by the Bureau, after cus heanng, onty on the grounds specified in Article 239. (as amended by R.A. 9481) Article. 298-4; Effect of a Petition for Cancellation of Registration (new provision inserted by R.A. $481) 1. A pettion for cancellation of inion registration shall_not suspend the proceedings * for ‘ertiication election nor shali it prevent the fling of a petition tar certification pleut 2 Im case of cancelation, nothing herein shall restrict the right x the union fo seck just and equitable remedies in the appropriate courts, For: 4. Legitiplate individual labor union Be Chertgied tooel a! 3. “Works association + Where Te Fits Regional Director’ who hos jurisdiction over’ the ‘piace “where respondent Principally operates (30 days to wecide) + Who May Fie : Any party-in-initere’st, If ground is: 4." Fallure tc ‘ccmply with any of the * fequitements under: Arts. 234, 237 and 238, LC. 2,, Violation af, any provision undor Ar. © 238, LC. San Moda College of Law nt Beha College of Rady Note: Take note of the _cancetiatlon proceedings if violation ‘is {d} and ] of Art 238, LC. For: ° 1. Federations 2. National or Irdustry unions 3. Trade union centers + Whore To File Bureau Director ( 30 days to decide) + Who May File Only the “members of the ‘abor organizaton céneemed if grounds are actions involving Violations of Art. 244, subject to the 30% rule, Lifect of Cancellauon Of Registration in The Course Of Proceedings Where a labor union is B.pany in a proceeding and later il loses its reGistralion permit in the course oF curing hie pendency of the esse, such tunion may continue as a party without need of substitution of parties, subject Nowevar fo tho understanding that whatever decision may be rendered therein wil be binding only upon those ‘mombers of tha union who have not sigiied thoxr desire to withdraw tram the case before is tial and decision on tre merits (Princigie of Agency anptied-—tne empioyees are the principals, ond {he fobor o ganization Is merely an agont of the former, consequent. the cancolleton of the unan’s registmtion woul) not deprive the consenting membor-employeas of thor right to continue the case as they ore thy considered as tho principals) : Article 239: Grounds for Cancellation of Union Registration (vs-emontfad by fs, A. 9401) EG id iG :90 2009 CENT RALIZED BAR OPERATIONS Article 299-8; Voluntary Canceliation of Registration (now provision inserted by RA. bast) ‘The fagistation of a fagitinite labor orgaritzat May de cancelled by the crganization seit PROVIDED: 1. Atleast 228 ofits ganoral moniborship votes, | @ meeting duly called for that purpose to dissolve the organtzation; 2. An application (0 canoe! registration is submited by the board of the arganization, allested to by the president thetuot Note: Failure to submit ceporterial requirements is po longer a ground for cancellation out shall subject the erring officers er members io suspension, expuision'trom membershio, or any ‘appropriate penalty. (Art, 242-A, new provision ingorted by R.A. 9481) Cliaptor 2: Rights and Conditions of Momborship in a Labor Organization Articlo 241: Rights and Conditions of Membership in a Labor Organization General G.cupings of the Rights of the Union ‘Mumbors (Dim) 1. Deliberative end Decision-Making Right - the ‘ight to participate in deliberstions on major poWey quastions and decide by secret ballot 2., Right {© Jnfoimation «tho ight (0 be informed about: 4. the organization's constitution and by- laws; b. the collective bargaining ayreement, ang laber tows, 3, Rights Over Money Matters - the rights of tne imombers: a, against imposition of excessive fees, 1b. right against unauthorized collection of contributions or urtauthonizea disbursements; @ t0 \equire adequate records of income ‘and expenses; tw access financial records; ©, t0 vote on officers’ compensation; f. to vote on special assessment; 9. to be deducted a special agsassinent ony with the member's written autnorzation. 4. Bolltical right - the right to vote and be voted for, "subject to lawful provisions an Qualiications and disqualirications Note: Any violation’ of the wbove sights and conditions of membership shall be a groutd for ‘cancellation of union registration or expulsion: of an offcer trom office, whichever Is wppropriate, At {east 30% of all the members of the union of zny momar or mambers specifically concerned may "report euch violation to the Bureau, Unign Membership “ rane Any’ eniployee, whthar” rhpioyed fir @ dente period of now, shall, bagirving on his first day of Service, be considered an umployee for pupases of union membership (Art, 277) is Nole: The te'ationship of he union and members 's governed by thelr mutux! agreement, tha torms ase conditions af which ae cet forth fn the unio. constition and. by tine, and: binding cause an ampuoyer ‘0 pay or deliver or aqrey to pay or dslivor * any money of other things of valug, In tha natura of an“oxactian, for services which 21 not performed nr not to be partormec, incluging the demane fur a fee ter unien negotiations : Featherbedding (mako-werk activities) - refers {0 the poictica of the uran or its agents in causing oF attempting to cause an employer to fay oF daliver oF agree (o pay uF deliver money ar Olnar things of value, in the nature otexaction, for Servicos which are ‘not performed ‘or not to be performnu, a when 9 unis demands that the ‘errployer maintain persannel in excess of the laters requirements, ) Note" It is not featherbedsing if the work is berformed nu matter how unecessary or useless Hay be, 5 To ask for ar avecjt negotiation or uttornuy's fees from Lryployers as part of ths settlement of any issue in collective ‘bargaining or any uther dispute; or To grossly violate a cottective bargaining agree nent, Parsons Civilly Linble for UP: 4 Glvcers and agents of ernplayer; 2. Labor organization, offiewrs and agents; and 3. Agents “ant officers who participated or ‘ulhurized or ratitied the act. Sweethnart op titat ss ber Siders, it UL labor orgunizolidn tk agastakcr Of Ney ie cae ean ce ge papi Bin sel 4? ae ining issue. Sriasplte St Lie SAA ‘odeethepn ck a Seats che ares ae i as ian ‘ve\tar ‘4 Seheet Ra se Gueaby Dorsaiptiy Ke ous i sBgeo Rpoyecs! ghenelits WF exagal Whether Cr os Le ere neo cree Aen ne uefa gee oY deers ed ye tnion requl als et” unreasonable ageSean Veda College of Fete Charterad Bana v. Hon, Confosor, GR No. 114974, June 1€ 2004) TITLE SEVEN: COLLECTIVE BARGAINIG AND ADMINISTRATION CF AGREEMENTS Article 260: Procedure in Collective Bargaining Agreement Colfective Bargaining - obligation to meet and convene promptly and expeditiously in good faith for the purpose of negetiatjng an agreement with respect to wages, hours 4f work and all other terms and conditions of kmployment incuding Proposals for adjusting jany grievances or Questions’ arising .undar ‘such: agreement and executing © as. contract ., incorporating such ‘agreemants if-equésted by either party but such duly does: nok:compel ‘any party'to agree to a proposal or toxnake any concession. (Art 262) General Rule: No court sr adininistrative agency ‘of official shall have the ower to set or fix wages, tates of pay, hours of work of other terms and conditions of employment EXCEPT as otherwise provided under the Labor Code Purpose: to encourage a «truly democratic methoo of regulating the relations betwern the employers and employees by means of 1 greets freely entered info through collective : bargaining. ‘ Exceptions: ] 4. National = Wages and Productivity Commission and Regional Triparit: Wages ‘and Productivity Board. as to wage fixing Arts. 99 and 122) 2. National Coneliation and Mediation. Boare andthe National Labor Relations Commission: as fo wage uistortions (Art yes) 3. Secretary. of Labor and Employment aad Prusident. of tive >hilppines> as :0 certification. ahd assumption powors aver labor disputes (At. 28210) ‘Jurtsaictional Praconeit’ons 4. “possession: “of tho 'staus “of nvplorty rapresentation:»" by the amployees’ representative In dcrordance with any of the adn of selection oF designation provided ihS® for by the LABOF Cogs 109% of majority represeritetion (Certification f ihe The poliky sheuld. yield “0 the right of employees to form unions for purposes. not contiary {0 low, sell-organization and to enter into cotlecive bargaining negotiations. 2. Two companies cannot be treated into a single bargaining unit even If their businesses are related », Subssidlasiag of corporations formed out of former divisions. of a’. mother company folloning @ reorganization may constitute @,seperate bargaining unit Labor Management Council It deais with the employer on matters atfecting the employee's rigils, benefits and welfare. + Purposes: 4. Promote gainful employment: 2. Improve working conditions; and 3. Achieve increased productivity (R.A. 6971), Articles 256-259: Petition for Certification of Election Bargaining Unit - a group of employees of a given employer, comprised of all or less than all ihe entie body of the employees, which, consistent with 6qully 18.th ere wae 6 sane of the pat ping rion 167 00000789108 |2009 CENTRALIZED BAR OPERATIONS Gan Beda College of Law Me eeeecenTnaLeD wAROrERATINS a eon a a ‘exclusive bargaining agent of the empioyees in an approprate «bargaining unit. for Purposes "of collective ‘bargaining ‘ | (employees in the 3 payroll period prior te 7 the" Gay, whether: union Hor non-urian : J members: * Certificatixa’ —. Election HOT (Arts, 285 and Nectissary When: " 256.) 1. empioyer. voluntarily «recognizes the certification ¢ uction may vote). | Te voters are the sai¢ union; and E the “members 2. cmployies designate the union a3 } of tne union, the bargaining representative, ot all of the CBU (at + Nature , 26507), A Certification ig NOT a tigation But merely an investigation of @ nonadversarlal fact, r ‘ursing charactarn high the Bureau of Labor lust tho union Relations plays the part off dlsinterestoc ‘members. (Art i avestigator seeking merely ‘to ascertain the 1), J desire ef tne empioyees as (o the matter of teu representan cer IM (Aldine Filots Assn. of Conttication Year + refers to the pevied wherein thus Puiippnos v. CHR, 76 SORA 24) collective barguining should begin, which ie with, 12 months folowing the determination snd ®. Consent Election ~ voluntary ag-sed ¢ cartificaion of employees” exclusive. bargaining Upon by the farties with or without the j representative, intervention of DOLE. a Four Factors in Detormining the Appropriate Note: Cartiicatio’. electicn and consert Bargasning Unit (CHE) viection are separsle and distinct from wach |. Glebe Doctring ~ the express wil or desire of other the employees ; % Community of intorost Doctrine = the ey Substantial and mutual interest factor nu a 3. Prior collective bargainatg snstony To determine 4 Employment Status, such a + Temporary + Seasonal andl + Probationary employes ! issue of majority | Ltepresentation of al the workers in the { appropriate collective is determine the'| bargaining unit mainly Things ty “Consider in Determining the Soe and exclusive. for. thepurpose of Community of interest Doctrine bergainingsfagerit J9¢ablatpninin the 1 gimiarty wSthe scala and -mannor of — “yiaiibe agent te IE of te determining earnings: My “approprlat 4 when fhe 2 Ginslarty 0 employment bunts, hous of Rbataetning ort abet tocar “i work and ther terms and condivons. of LEAD, purpose «OF eulteted, "'y quae employment | caleguverberasiningyy| 39g 3. Shafary inthe kinds of work pstormeat Te 4° Fimiarty in the qualifcations, skills’ and | if ae {raining of the employees, {4 ti frequency of cantract cr intwwhange aceng the employees: 8 common supervision and determination of ae labor-relations policy; Diretgsgertification 7. history of previous collective bargaining: Meo #iiér diteatiy!ter 8. desires of the affected employees: and oF on 9 tppriales ‘Dargai §. extent of union arganization, alles abgy'y uy hat ich ety iy ark Methods to Determine Bargaining Unit bargaining Gn Av Cortileation Election = tro process of | EONo f71 2 Sulermining by secret ballot wie sole and 1987 FiSan eon € eye of Kalw it Grounds for Dismissal of the Petition tor Sertification Election (0.0. 40.03) 4. Petitioner i9: not hstod in the: Dopartmant’s registry oF ‘agitimate javior tions cr that its {egal persinalty “nas been revoked. or cancelled vith finality. 2. Pattion was, flag before darter tno freecam period of & duly registered CBA; proved that the 8¢day petlod based on the original CBA shal NOT be atteciou oy ny amenament, extension, oF renewal of ine CBA 3. Pettion Was fled within 1 ear from entry of voluntary recognition or a valid certification, content, or rin-off election anno appeal on the reacits thereof is pending 4. “A duly cettfod union has commented ad sustained negotiations with ine employer or there ekiete © bergaining donclock whieh had bean slibmitted to conctiation or arbitration orthad becorne the subject of a valid notice oi;trike oF lockout to which an incumbent or corttied bargaining acent is 2 party. Im case’ of an organized eslublishmert, feiuro to submit the 26% support ‘requiremont for the fling of tne peltian for carffication elsction, C.. Voluntary Recognition ~ the process whereby the employer recognizes a labor organization as the exclusive Uargainirg representative of the employees in the appropriate bargaining unit after 2 showing that the lebor organization is supnemed by at a la majzity of the employees m the bargaining unt, + Note: Voluntary recognition is ONLY available for unerganized establishments Summary of the Procedure in Voluntay Recognition (D.C. 40-03) 1. When and Where tu hile: 30 days from such reeagnition, employer and union shel submit @ notice of voluntary recognition with the Regional Office which issued the recagnized labor union's. certifcate of registration or ‘certificate of eraaticn of a chartered joce! 2 Requirements: Original and z duplicate coples of; a. Joint statair ent under’ oath, of voluntary recognition; BL certificate of posting of joint statement tor 45-congecutive days in al least 2 conspleuous places inthe. establishment of the baryaining unit; & eporoximiate number of empluyoes in the bargaining unit and the names of those whe supported the recognition; ‘and MEMORY AID IN LABOR LAW 109 a EMORY AID IN LABON LAY 4. slalement that the labor union in he only | teglimate labor * organizeion operating within the bargaining unit + All accompanying documents of the notice for voluniary recognition shall be cortied under oath by the employer representative end president of the recognized labor union. © Actin on the notice by the Regional Oftice, through tre Labor Reladons Division, within 10 days from recelpt of the notice of volurtary recognition, If there is insuificleney of requirements, it must be complied ‘with within 10 days from notice, otherwise, it shal be dismissed without prejudice to its. re- submission 1 4. “Eifect:, bats the fing of a petition "tor sertincatlon elegtion’ by “any tebor stganizaticn fora Bbriod of 1 year tom ate of entry of vlurtoryrecognivon, Effact of Veluntery' ‘Recognition by the Employer Through voluntary recognition by the employer, the labor orgenlzation is “recognized ty the eniployer as the exclusive bargaining agent whian ‘may collectively bergain with such émpleyer. 09120 | 2009 CENTRALIZED BAR OPERATIONS. ED DAN OPERATIONS. ‘Sun Beda College of Raw 1 petition by a] Upan: | |eglimate lahor orcanizallon in siding a national a. the filng of a verified potion by « legitimate z union or federation which has clready issued aj labor arganization including @ national union or charter certificate to its tacai_chapter| federalion participating In the certification election or local chapter which hag been issuec a charter certificate by the natione! vaion or federation, quostioning dhe majority status of the incurabent| certs to its focal chapter artlolpating in the| certification election 9r a local chaptor which hae, ‘boen sued 2 charter certifcato by the falionall Union ontederation; of which hag airaady issued a charter E bargaining egent within the €0-cay freedum| 0. jon the-fling of a poution by the employer| Poriod before the expiration of a CBA, when such employer ig requested by .the| emplovees to barasin colleclvely, Tho petttion must be aupported by the writen) consent of at toast 25% of all the employees in) NOTE: In cases where the pétition was filed by a the appropriate bargaining uni notional Gaion oF fegeration’’it shal not be; es te Jifeguired to disclose the raines ofthe. local Tha” employer! ‘cannot flu a petition for] chapter s officers and members. k certification election; only a lagkimate lator organization, national unian or federation which] The 26% consont signature requirement s net], lias already issued a charter certificate to its| applicatle in this instance. focal chapter carticipating in the certification election or @ local chapter which has been Isrued a charter certificate by the national union, or federation can fla such peiiion, line, sublet Raweser tothe ONE] {CHION-PER-YEAR RULE . the labor organization} any can filo a petition for wurwication election within| Es i the 60-day freedom period (CONTRACT -BAR, | RULE) 4. when thore is mo CBA, then the labor : organization can fie a petition far cartiieaticr election at any time, subject to the DEADLOCK BAR RULE, iioSuni Beda Cpiloge of aww Requisites, Dehiry @ Labor ton can be Declared! a Winter (Double Majority Rule) 1. Majority of the eligible voters cast their votes; BINGE ay 2S ie : MMi 'c ine Wid veten cant Is for aver Sunion.s How to Determine the Double Majority Rule 1. - tn determining the ellgibie votes cast (FIRST MAJORITY}, ‘nciute spatied batt = 2° In determining valid votes (SECOND MAJORITY), ‘ellininate spolled ballots but inchide challenged votes, Run-Off Election A ‘tun-off election is proper if the following conditions exist némiety 1. valid election took plaza because majority of the Collective Bargaining Unit 1romvers veted [FIRST MAJORITY); 2. tie said: election presented at leas! thrae choices (¢.9.,, Uninn One, Unicw Two, and ‘No Union); ‘Note: *No Union” shall not be a choice ifs the run: ‘off election, 3. not ona of the choices blaine the majority (80%+1-SEGOND MAJORITY) o: the va'id sotes cael 4." the folal votes for the unions isa of the votes ceet, there Is no urrosolved chatienred votes ot election protest which if sustamed car materially alter the results, 6. the two choices whicn garnered (fe highest votes will be voted and the one which garners the highest number of votes will be declared the wirner proviaed they get the majority votes of tHe total votes cast, Who Participates 19 th Run-Olf Election The udlons racetyng the highest and second highest number of votes cast, MEMORY AID IN LABOR LAW/| 333 tBOS, CARR LA AMae 4 : htSan Hecoa Collen ot Haw 112 |2009 CENTRALIZED BAR OPERATIONS Distinctions Among Certification Election, Consent Eleciion, Dirgct Certification, Ruw Off and Re-Run Elactions ey Purpooo is to detormine te sole anc xcs bargaining agent of Ihe empigyeos in an app-opnate Bargaining unit for the purrose. ot ealectva bargeining majorly rj esentation of all the A workers 11 the appropriate cnllactive argainir 3 unit mainly for the jturpose ‘of datermining the admnistrater of the CBA when the contacting union suffered massive cisalfilation and NOT for tha purgose of determining the bargaining agent for purpases of collective bargzining ‘labor organization is direcly certied ‘a8.an appropriate bargaining unit of a company upon showing that pettion fs supported by at least a majority cf tho employees in the Baryaining nit Direct vortifiration isn Fongor| allowed BAL Takes place betwecn the unions wno By receives the two highest number of voles.in a certification election with threo (9) or more choiees, wher not one of the unions obtained the majority of the veld votgs cast provides that the wtal snicn alge | dt least 40% of the votus cast [ Takas piace ic wo instances.“ i, a. ifone choice rebzives plural vole and the remaining shoices refs ina tis; or a oan b. if all. choices received tie {] uniber of votes hy RH In both instances, the NO UNION ix ulso a choice, wy a lle’ Petition for cancellation of registration iy soi a bar PREJUDICIAL QUESTION shall bo entortained i & Pc tio" ion Requires @ patition for cedification | relationship and if the vote's are 4 LA election. files ty. a union or| employer. A Med:avbiter grants the | petiton™and an election officer is: slesignated by the Pegional Director | to supervise the ection i NOTE: Med-Arbiter may determine if] there” is emplayer-emplayee | ible ent of the unions ‘with 0 without te participation of! the Med-Arbites i i ! Med-Arbiter directly certifies that a labor union the exclusive cnilegtive bargaining representative. Uf the employwes of an appropriate bargaining unit without hoiding certfication election. but merely on the basis of wvicance, in support of the union's claim ‘hat itis the choize | of the majority of { t Petar ‘Sart a ocjen “By! eSSart © Article 258-A: Employer es Bystorvier (new provisfon inserter; by R.A, 9481) eda College ot aww fall cases, whether’ the petivion for Certification wigction is filed by an employer or a legitimate labor organizalion, the employer shel! not be considered a party thereto wilh a concomitant right tu-oppose a ppatition for cerilicetion olection. = The “employsr's participation in proceadings shall be limited lo: 4. being notified cr informed of pottions of such nature; and 2. submitting the ist of emalovees duing the pre-siection conference shotly the Med-Artifer act favorably cn the Petition. such Rules Which’ Pravant the Certification Election A Géntract Bae Rule ©E While a valid and registered CBA of a fixed duratica is subseung, tia BL | rot allowed to hold an election contesting the majority siotus of the incumbent union during tne five yoar term of the CBA evcept during lie 60- day period. Immediately prot to the expiration ofthe CBA Holding of @ © Requirements inn order to invoke * - Contract-Bar Rule: © 4 Agreemen: is in writing and sigved by all contracting parties; 2. it.must contain the \eims and co ditions of employmer 3. covered omployess in a, appropriate bargaining sit 4. itis for a reasonable parind or duration; "5 itmust be ratified: 5. it must be registered with the Bureau; and AY 7. the violation of the contract-bar ule or the existence of a duly 3 fegisicred §=CBA must be: 5 specifically Impieaded as a . defense, Etvect of an Invalic ind Unregisterea CPA There is no bar. ard therefore ‘a certification lection may be held, NNéte! Registration of CBA only puts into effect the Contract-Ber, Rule but the CBA Ise Is valld and binding even if unrey:stered, nee MEMORY AID IN LABORLAW] 123, Exception to the Contract-Bar Rule The agre folio 1 existence of a collective bargaining nent will not bat certification election in the wing instances: The CHA is unregistered, je.-not certited by the BL oF Mot regiszered.. by the Regional Office. ‘The CRA is inadequate or facomplete, J. it does nol contain all the substantial demands = fon terms and conditions and leaves out. matlers which should have been alipulated, where the stipulation becomes a swootheart contract. DOC TINE OF PREMATURE EXTENSION + the GOA was hastily entered into, /2., the renewal or extension of the agreement ws prematwre, frustrating the right of the amployees to petition for @ cartification lection at the propa time, Withalrwal of avildjon from the contracting union brought abold.by schisin of mass disatfilintion| Contras where ‘the . identity of the Fepresentatice is in doubt (ALU v, Ferror- Callnja, GR No, 85085, November 6, 1989 ) CBA entered into between the employer nnd the union during the pendency for certifization lection ‘Vassar Industries Eraploveos Union v, Estrella, GR No. 46562, March 21, 1978), CBA ox \cluded between the employer and the. u jon (neumbent bargaining agent) ‘is not a bar to a certification election filed by another urion and sald CBA can be renegotiated al the option’ of the new bargaining egent (ATU v. Hon, Norle/, No. Le 48367, Jonuary 16, 1978), " A, CBA registered with falsified -supporting documaits (Sec. S{bj, Rulo XVI, Book V, Rulos Implementing the Labor Gode). CBA was. cbficlud enjoining the baa CBA unl the. ig resolved, rh § gaining» Pare hy!114 {2009 CENTRALIZED BAR OPERATIONS en TEED BAR OPERATIONS Excopt: 1 when the successorin-interest exprassiy. assuines the obligation; 2 the sale Is a daview fo circumvent the ‘obligation; or 3 the sale or transfer is made in bad faith Substitutionary Doctrine + Wis where there occurs a shift in the employees’ union allegiance after ine exacution of a collective bargaining contract with the employer, the employees can change thelr agent (he labor wnien) but the eollactve bargaining contract which ie. st subsisting continues to bind the employoas {pp (0 ls expiration dato. Thay m vy, howaver, ‘ouigain for the shortening of sald expiraten site, : + “Tho employesa. cannot revoke the validly executed collective bargaining contract with thelr employer-by tho ‘simple expedient of changing thelr bargaining agent. The new agant must respect the ‘contract (Bengunt Consolidated, inc. v.Empioywus’ and Workers’ Union-PAPLU, No. L-24711, pnt 50, 1968), Limitation as to its Application cannot be invoked to support the contention that 4 newly certified collective barguiring agent automatically assumes all th personal undertakings of the former agent - lke’ the “no sinke clause" in the CBA executed by the latter (ivi B. Deadlock Bar Rule + A potition for certification eiection caninct be entertained if, before the filing of the petition ‘or certification civction,. a bargaining deadiock to which an Incumbent or certified ba,galaing agent is @ party, “had been submilted to Conciistion nr arbitration of had become the subject of a valid notice of strike or lockout eacilock = anses when there is an impasse, which plesupposes reasonable elfon at yood faith bargaining which, despite noble intwations, dia not concludy in an agreeinent between the parties Indication of @ Genulne Deadlock 4 The submission of the deadiock to a thira urty conciiator or arbitrator: and the dead2ck is the: ‘subject 0! 3 vad notice of strike or lockout Negotlation Bar Rule * A patition for certifcation electwn, cannot be entertained if, betore the filing of the Tn Ban Reda College of Liaw petition for certificwion’election, the duly recognized cr zertiied union has commenced negctistions . with | the employer in accordance with Art. 250 of ne Labor Cove. ©. Contitication Year Ru'e + No petition for cectication election’ raay 9 tiled within one yar from the date of a valid cartification, consent, or run-off election oF from te date of voluntary recognition, Exemplos of Bad Falth Ba'yainiag 1. Surface Bargaining - oxaurs when employer constantly changes its poaltlons over the. ‘agreement.”, 7 2. Cochvansm * occurs: 2 When the employer ‘diéétly ‘bargains with the employs. distegarding the union, The aim was te eal with the Union (through) the enployees, rather than with ‘the empleyees: through the Union, Employer submits ‘ite proposals and adopts a “take it or eave it” stand. This is nol negotiation because the “take i or ‘avo i” stand implies threat TLE SEVEN-A: GRIEVANCE MACHINERY AN VOLUNTARY ARBIRATION (aS INCORPOPATED BY RA 6715) ‘irticle 25: Grievance Machinery and Voluntary Arbitration Griovence Machinery. 9 inechanism tor the ajusinn2nt of ganlpbudiatat ses arising An the ‘kerpreteuONE Orin leinectation of trae A, anu he. interpretation 2h ellorcern et ‘sehfbany veiscnriel polieles *! : Idburce,-wigas-ongy. Eve to ipiometig ion of a CREE Leeder erent OF a ok ll ep iron tre vnc haemo ee mad ent ot met ia : step JA and fio ager Rd ch ey 2 ee Plot. process of alectve Berget PACA Oca to proms 4 ‘ordiyr oftiogue™ Bétwean labor andSoa Beds Co'teye of Lato : MEMORY AID IN LABOR LAW| 115 management ag a means of maintaining Industrial pace, Note: Walver of 3Hevancu machitery jrocedure does. not amoint to a ralingulshime xt of employes's right to avali of voluniary arbitration (Apalisok v. RPN, May 29, 2003) Voluntary Arb‘taition - contraewal procecdings where parties to & dleputo aeiect a clon of Melt own choice aril by consent subir thew Centreversy to him for daterr ination, Note; All grievance nat settled within 7 days from the date “of iis submission te the grievence ‘machinery .shall automatically be relerred to voluntary arbitration prescribed in the CBA, * Although the provision mentions “parties to a collective bargaining agreement" dove not met:that a grisvance maclino'y cannot be set ip In a G2A-less enterprise. in any wore place whet: grievance can arise, a Gtievancs machinery (regardless of at7e) cen be established. + Ina unionized company, Art, 266 allows an ‘employee whether union member oF not, to raise a grievance directly to the omployor, Arbitration May be initlated By: 1. - Suomission Agreement - where the parlies defir.e the disputes te be resolved; or 2 Demand or Notice invoking a callective agreement arbitcation clause Distinguished from Mediation A meciator is a disinterested 3° party who tielps Sete disputes involving terms and conditions of a SGA. He is assigned and paid by the State und is Not selected by the parties, He renders no tinal fang binding decision, but merely suggests Putions Effect of Merger and Consolidation + Wile Doctrine - it states that, 3 duty to arbitrate arising trom a collective bargain: agreement sufvives the employer's ceasing to do business as a separate ently after ts * merger with a suostantially large corporatior, 80 a8 to be binding on the larger ccrporation, Where relevant simiarity and continuily of porations across’ the change in oWnarsnip ‘sevldenced ty the wholesale tar: smaller corporaticn's employees ‘0 the corporation's pies Article 264: Jurisdiction of Voluntary . Arbitrators or Yanel of Voluntary Arbitrators Arbitrable Disputes 1. Gonime-nagotiation disputes + disputes. as toterms ofa, 2. Gontravt-infosprotation disputes - disputes arising witer an exiting CBA. involving such matters a8 the interpratation” and apptica‘ion of the contract, of alleged violation of its provisions Jarisciction of Voluntary Arbitrators + Exclusive Original Jurisdiction Conferred Bylaw 1. All grievances atising from the intorpratation of the CBA; 2, Thee arising from the interpretation or enturcement™ of company” personiiel policies; ty 3. hear and decid wage distortion issued arising tram thelepplication of any wage prdersin organized establishments; and 4. Unvosclved grievances arising ftom the ‘nterpeetation and implementation of the produatvity incentive progrems under RA. 6671 Note: !t is the Labor Arbiter and not the grievance machinery which has juriediction over dismissals pursuant to the union security cleuse, Viola CBA, except those which are gross in character, shall no longer be treated as ULP and be resolved as yrisvance, Gross Violation - flagrant andior malicious refusal to comply with the economic provisions of the CBA + dure by AGesbinan, of tno Parts yg) At 208 nie) {The Gisputes lhe, parties, hay: submip ge “x Notuntary’ Arbitrator Meh elude ny ie : ménllotott an & ant «<2 iaaithich tion136 12009 CENTRALIZED BAR OPENATIONS, San ede College of Law Distinctions, among a Voluntary Arbitrator, Mector ands Court ot Lae ‘Appeal is (0| CA under Rule a higher| person} A Regular 43 of the Ruies | ‘court under) | eoreunet by} disinterouted | courts vf Court, the Rules of) tha Board as| party, Coun ane | such or al usually a BP, 129. Porson named] government or designated] employee Judiclal Review Grounds \SADES) in the CBA by) who helps in! 1, Lack of Jurisdiction; the pares ‘41 setting” | 2 Glave Abuse af discrelian; act “as thelr| disputes | 3. Vielation of Que process: Voluntary Invotving 4. Etioneois inferpcetstier of the taw; and Avollrator © or} terms and 5. Hens) of Substantial justice one chosen| conditions of * with or without 1 Certionani Applicavia {hw astistance| is NOT A Voluntary Arbitrator Iga “quasljudicia” of the NCMB,| selectid by instourentaliy (Soc. 9, 8..'129as amended by pursuant to athe parties, | selection but i} procedure vsualy sigreed upon in} assigned | te “CBA, or| and paid by FeA_7902). is derksons ave therore appeat: le 0. CA under Rule 43 of tne. ules of Court, * Hones, 2 peition for cotoar under Rule 62 of tne fules of Court wil le ONLY where @ grave abuse 0) diseetin or an act without or in excess om official) the Stare 1 utsdiction of the voluntary arbitrator is shown, jorge by | | shlo ay be fie wat the Cour of Appeals 10 Sec. ol Labor to act as) ‘See wt after Book V For Comparative Chart Voluntary Oh Arsus of Jurisaichon und Remedies) wiilten request TITLE LIGHT: STRIKES AND LOCKOUTS AND and agreement, FORKIGN INVOLVEMENT .IN TRADE AND of parties to a UNION ACTIVITIES jatormal, A mediator! Founal Chapter 1: Striktos and Lockouts | Abitrator final andl s. Rules of Articlo 262: Strikes, Picketing und Lockouts | wnat? il doco andl te" Rees] Concerted Acti - ona urdesaken by wo oF | Gamissible merely rs more employees, of by,.gia on, Behalf of the evidence. | suggests Evidence oe eat ae pia | at ne Biise any ty aca mas 9! werk | suggests: cahGertsd action’ of enpl dg a rest | that’ parties; dQ 01 cabo UsRHOE WANE ty submit the A Issue to an LaideDisputa arbitrator. | netic th | ett" al precedents set| stare t ai 7 similar cases, TiHen Meoe College of Tay MEMORY AUD IN LABOR LAW | 117, + Impoitanée: i athe inéat affective “weapon of laberin protecting tha rights of smployoas. to Improve ‘the terms end eondilons of thor employment. 1 Government ‘empligeas may form tshor unions but are nota ile fo sirke 2. Only legtinsate labor organizations are given the right to strike 3. Urionized workers raay hold a protes: action but not a strike, ~ 4.°'Not all concerted autiviios ato sirkes: thoy may only he protest actions. And they do not necessarily: cause work stoppage by the Protesters. A strike, In contrast, 1s always a group action accompar.iéd by work stoppage, Lockout - means the’tempora:y refusal of an ‘omployer to furnish work as a result of an Industrial or labor dispuie Note. Sinke.and lockott are similar in the sens that they: connote temporary stoppage of work, The difference is that strike Is done hy employeos 9 Tabor union wife Inekout is cone by ths employer. Boycott - an attempt, by rousing a tear of 0:5, to coerce others, against their wil to withhold from fone denominated “untiendly to labor" their bem cial business intercourse, Slowdown - a method by which ones amployces, without seekng @ comrlete stoppage ‘of work, retard producticn and distribution in an effort 1o compel comoliarice by the employer will the labor demands made upon him, Picketing - act of marching to and fro he ‘employer's’ premises, usvally accompanied by ‘he display of plezards and other signs making known, the facts Involved in a labor dispute. This le ¢n exercise of one’s freedoin uf speech, Strike-Breeker * ary person who obstructs, impedes or interferes by farce, violunce, crarcion, threats or intitnidation with eny peaceful picketing by employees “during ‘any tabor controversy affecting Wages, hour o° conditions of work of the exercise of the right to self organization or collective bargaining, Strike Area - the esublishment, werekouse, depots, plants or. offices, including tha sites oF premises used as runaway shops cl the emp'uyer struck against, a8 wall a3 the immediote viclnity actually Used By picketing strikers in moving ts an fro betore all pointe of entrance (> and uxt om said establishment. Tones of Stites Econom: strikes - ,used to secut ‘the economic demands such as higher wages and bettor working concltions for “the ‘workers Une. stn 9 management. protest against ULP of Ferme of Strikes and Thole Vality Sit-Down Strike - characterizes by a temporary work stoppage of workers who thereupon” selza ¢ occupy property of tha, ‘employer or refuse to vacate the premices of the employer, ILLEGAL: amounts lo @ criminal act becauso che empioyoes tesvass on the premiges of the employer. 18 tvadeat Sinn — work doppage tnt vcktow the labor contrat: and.i$'not authorized anc is disowned by tra union, ILLEGAL: fails to comply with certain requirements of the law, to wit: notice of sirike, vot and report on strike vote. ©. Sympathotic Sinkes - work stoppages of workers of one company to make cormon cause with other aikers of other companies, without demands ar grievances of their own against the employer ILLEGAL: because there Is no labor dispute between the workers whe are joining the strikers and the latter's employer. D. Secondary Strikes - are work stoppages of workers of one rompany to exert pressure on their empioyer go thal the latter wil in turn ving pressure u 18 emplayer of ancther 4 CMY ‘Witt von h labor dispute y EGAL -bocaune Long bn labg wae : ste: ball igh We pean ot one: ib Teifosn et “ ke pee yy Me, my ya ‘ola Hop boca iia there f as ead Baltical ray, ‘Tt118 |2009 CENTRALIZED BAR OPERATIONS foun Beda College of Law ne EE ARORERATIONS foe Be Of at Quickie Stites = wiet and snannovared eRe REE tr ap 2 No exception] Cr«ling-olf poriod may 7 matidutony. bi dispensed with, and! Grounds for the Declaration of Strike | Wi union may “teke FDgadodk in Conwetwa in-nadiate action in (ECONOMIC); and/or ss , | 8832 OF dismissal from 2 Unfairlabor practices (POLITICAL). exployment of their off@.8 duly elected in Aoi xdance with the| ‘union's conetitution ana} byhiws, whieh may ‘coristfute union busting] Ezonomia vs. Political Strike See A sou ake ieee ile ne enstonco cf bocause the! the labor organization 7 7 cnplyee wif aaa genet reel caine git management {01 them by the umployer, grantits demands.” | It in an act of aor Vefense ‘since the employees are being) pushed to the wali ana| their only remedy is to stage a strike. | Net ented to sald! Said: pay» may- oe ey based on the| awarded in th Principia that a *fair| ‘atscretion of the oy's wage) authority deciding the accrues only for ‘| casa ‘The Collective} Either: barnaining agent off a: Collective bargaining the appropriate} agent or ; : bargaining unit can} b. the legitimate labor Chacacteriatics of Strikes: ; oclare ‘an| organization in behalf 1 There must be ar astabishod economic strike, | of its members, ‘vialionship” between t3 strikere. and tho person/s against wna ie strike Is calle, DERE 2. Tne existence of w uisoulo between ihe Seer 30 days from the] 15 days from the fil Parlies und the utilization by labor ef the ing ‘weapon of converted refusal to work a '¢ ‘ing of the netice} of the nouow at sttke means of persuading oF varcing compliance ot sinke before the ‘ith tha working men's ue and, intended date i 3. The con'entin advances, sy tho workers nat act Seika ‘ahead tg ompocnt Suijuet tothe F-day sola gn de dead ticethuie ‘siber se stuiko ban ato Cabarete ot 5 SOIR ihe. CaP Ce | a age Joa le ge the<> iSean Bera College of Lato ‘Oct 1987} Isstied by Sec. Drilon: see also Article 261, LC; 4, those ‘Issues which nad already been rough! to voluntary or * compulsory arbitration, Tests in Determining the Legality of a Strike A. Purpose Test «the stilke must be duo lo - etther: 4. Bargaining Deadlock; 2. Unfair Labor Practice B. Compliance with Procedural and Substantive Requirements uf Law: 4. ° Notice of Strike ~ must be filed prior to the intendéd date of strike, taking into considerailon the cooling-off per ad Note: The fair? of the union to servo the company @ copy of the notice of strike is a Clear violation «* Section 3, Kule XII Book V of the Rules Implementing the Labor Code. The Cunstitutional precapts of due Procass mandate that the other pat be notified of the adverse action of the oyposing patty (Filipino Fipe anc! Foundry Corporation WNLRG, 318 SCRA 68), “4 Conling-Otf Period before the intended date of actual strixe subject to Ins ?-day strike ban a. bargain ng deadlock ~ 30 days b. ULP= <5 days, © Union Busting ~ cooliag-nff period need: rol bo obsorvust tind the union tay take action immediately after th> strike vole is conducted and fetults submitted to reyioral branch, Cooling-Off Perivd ~ that period ot: time guen the NCM3 to mauiate and concite she Patties. It Is that'span of time alloted hy (az fer the parties to settle their disputes in a Peaceful mannér, before staging a eirike or 3. Sinke Vote a requiremert wrersin the Gedlsion to ceclare a strike must Le 2, approved by a majority o! tho total union rmamborship ia the Largatning Lnit-congemed (not of the whole bargaining unit); and b obtained Sy ancrat hallst i misoting Cr referers called for the purpose Purpose::to erste that the intendea strike is a majority decision, 4. 7Lay Sthke Bani «the 7-day wating Period befor the date of the purported MEMORY AID IN LABOR LAW| 119 strike (bithin which the union Intending to conduct « strike must at least submit ® report to the Department 6s to the ‘result of he strke vote) intendad to give tino Dapariment an opportunity fo varity whether the projected strike realty cattis the imprimatur ofthe majorly of tie union members in ecdition to the cooling-ef porled before actual srke, + Should the strixe vote be taken within or. outside the cooling-off period? The law does not specify but NCwa's Primer on Strike, Picteting and Lockout states thet if the strike vote is filed within the cooing-off period, the 7-day requirement “shall bo counted from the day foligwing the expiration of ‘he sooting Qf period.” C. Means Enpicyod Test ~ a strike may be lego’ al #6 inception but eventualy be deciared legal if the strike is. accompanied by violence which is widesprean, pervasive and adopted as a matter of policy und not merely violence which is snoradie which normally occurs lina strike area, (See prohibied activties under Art. 264) Nole: The 3 tests AUST concur, Non-compliance wit: any of the afgementioned requisites renders the strike tlegal Good Faith Strike Doctrine + a strike may ve considered legal where the union believed thal the. company tommitted ULP and the regalyvhep. lawiu-m Bs purndst (GoP.go> No. t- 5908 Serhog iy120 [2009 CENTRALIZED BAR OPERATIONS, 6. declared in violation of an existing injunation; 6 contrary to ar existing agreement, such as 2 No suike clause or conclusive arbitration clause. Whon Can tha Secretary of Libor Assume Jarlsdiction Over a Strike: + There exists a labor dispute causing or ikely 'o cause @ slike or lockout in an industry indispensable to the nat‘onal Interest. + The Secretary of Labor may: 1. assume jurisdiction and ciacids it, or 2. certify the same to the NLRC for compulsory arbitration Nolo: What constitutes ‘indispensuble incusity” Is based nolely upon the discration of te Secretary of Lanor Elfocts of the Assumption of Jurisdiction of to Secrotary 1. automaticaly ° onjoing the intended or Impending s'tke or iackout as specified in the assumption or cartiication order, Ione has already taken place at the time of assumplion or cenutication, all striking or lockod-out employees shall immodiataly return fo wor’, and 3 the empleyer shall immediatsly resume operations and re-acini all workers under tha same teri and conditions prevailing betore the strike or locadut, Note: A motion for recorisideralion coes ot suspend tha effects as the assumption order is inmadiately execctory. Issuos that tho Secretary of Labor Can Resolve Whon He Assumes Jurisdiction over # Labor Dispute 1 Only issues submitted t6 the Secretary ray bu resolved by-him (PAL v. Seo. of Labor GR No. January °3, 1991, January 24 4991), 2 Isaues submitted to the. Secretary tor resolution and such issues involved in the labor dispute ‘tell (St. Scholastica s College ¥, Tarras, GR No. 190785, Juno 23, 1992) 3. Secretary of Labor my’ subsuiie ponding Jabor cases before Labor Arbites which are involved in the dispute and decide even isaues falling “under the -pxclusive anc ‘original Jurisd ation of Lebior Avbiters such as the declaration of legality or iloylity of strike (Int Pharmacouticals vi Seu -ct Laine, GR No. 92981-$ January ¥, 1992) 4. Power of Sveretary of Labor Is plenary and digerationary (S%, Luke's Medical Conor ¥. Torus, GR No, 99398, Jun 29. 1999) Som Weng College of Ln Entitlement to Strike Ouration Pay Goneral Rule: Strikers ere not entitied to thelr wages during the period »’ a stike, even if tha striee is legal stnta, in the discretion of ny te 2ase (Seo table for more cistinetion betwiwwn Economie and ULP Stoky.) 2. Where the —stiikers voluntarily and uncoxnitionsily offere to return to work, but ‘he employer refused is accept the offer (0.9, ‘we wll return toxaor ¥" and NOT “willing to return proviced’) Note: They are entllad packwayes from the date he olier was mage “ 3. Where there is RETURN-TO-WORK ORCER and “the: employaes are discriminated against Rulos on Reinstatement of Striking Workers Gonierat Rule: Sirking employees are entivieu to reinstaicnwnt, rogaraiess af whether or not the strike wag the consequence of the employer's uP : Reason: because while ou: an suike, the strikers are. nut considered to have abandoned thelr employment, bul rather feye only ceases trom their tate: declaration: of 2 strike is NOT a renunciation nt eniplopnent relation Excepidons : ‘The folowna are NOT entil2d o reinstatement 1. union officers wno kadningly participate in ‘un ilegalstike; ang 2 any slokenninign ‘Aer 9, patlclpatay: ini eae 3 ilagal acts Ris ding the sf a ed an 5 Nik R99 unipa mambertsahayisinedy sitkdy pul ave.at 20m be NesBtated buywithods So Raided shiges raaytte knowingly ae eee “wlea aa bontys i Hay aintain ae ical Secne BR pea Fb slcg or eat w Spar sb AY ha Sash assome aie ey 26 pe owleage or Agee i or lock-out mmission for “ncaa “hhhSan Beda College of Kaw Bee MEMORY AID IN LABOR LAW] 121 Article 264: Prohibited Activities A. ‘abor Organizations {0 labor organization of employer shall declare a strike or lockout 1. without frat having bargained collectively In accordance vith Tile Vil of this Book, 2. without first having fled the notice ‘etulted In Art 263; or 3. without the neseesary strike or lockout vote first having boen oblsined anc’ reported to DOL.E. B. No Strike or Lockout shall he declared: 1, AETER assuniption of jurisdiction by the President of the: Secretary of Labor; or 2, AFTER certification or submissinn of the dispute fo sompulsory oF voluntary arbitration; oF @& DURING the pendency of cases. invalving the tema grounds for the st:Ike or lockout. + Third Persons NO person (2 persons) shall olive impede or “inierfore with by. f violence, coercion, throats or intimation: 4. any peacesul piekating by employees during any |abor contiove:sy of Iv the exercise Uf the right of self organizatinn or collective bargairung: or ; 2. shall ald or abet such obstruction oF interference C. Employers NO. employer shall use or employ any STRIKE-BEARER nor shall any person be employed as a strkebreaker. ©. Public Official or Employee NO’ public. ‘ofiéle, or employee, including nfficerdand: porscnnel’ of the Now Armes Forees-of the Philippines ot the Integrated Noationgl Polige, or armed persons: 4. shall bring In, Introauce or escort in any mannet,:any Individual who seeks. to rep'ace tks in ontering 0° loaving the plemises’ of a ‘strike area, or work in placs of the:rirkers, 2.” The police force shall Keep out of the picket tines. Linloss. actual violence or ther efiminal acts occur therain: Provided, thal nothing ‘herein shall ba interprated to prevent any public officers frorh taking any meagure necessary to: 1. maintain peece and order, 2. protect lif and properly: andor 3. anforee the law and legal ordar. ©. Persons Engaged in Picketing NO person engaged in picketing shell +. -commil any act of violence, coercion or Iniitdabon; oF 2. obstruct tha free ingress to or egress from the employor’s premises lawtal purposes; oF 4. obsiruct public thoroughfares Article 265: Inpraved Offer Balloting improved Offer Balloting a referendum conducted! by the NEMB on or before the 30" day ot thy sinke ‘for tre purpose of determining whether or nat the improved alfer of the employer is seceplable lo the union members, Reduced Offer’ Balloting + a ceferendum conducted by the NGMB fo: the purpose of daterminiag whether or nol te reduced offer of the uiinn 1s acceptable te Mig board of directors, trustees or partners, 1. To determino| whether or not the unproved offer of the| UNION 13 acceptable to board, trustees and partners. 2. To ascertain the ‘eal sentiment of the| silent majority of the union iaembers on | eocepiabie tothe | union rember: |2to osceria the. oa | Sentiment of the stent | majority of the union members on sirke ie 266: Ait Sob B fo LEME122 12009 CENTRALIZED BAR OPERATIONS employer's premises of who obstructs public thoroughfares. 2. Any person who shall have in his possession deadly weapons in violation of BP, Bldg. 6 and firearms anc explosives (Guidalinas for the conduct of PNP/AFP) Personnel . in Labor Disputes) TITLE ONE; TERMINATION OF EMPLOYMENT Article 279: Security of Tenure Security of Tenure = tho constiut™nel_ right {ranted the employee, that the enny wyer snali not {erminate the srrvicas of an emolo "eo excopt for Just cause of when autharized by av. Itextoads to mgular (permanent) as wull as non-regular ‘tomporary) employment (Kiamco v. NLRC, Ci ‘No, 129499, June 29, 1999) Nole: Security cf tonure clause Is npt confined to cases of termination of employeremployee Iolatinship alone. Wt Is ‘also sntended to shiatd workers. fom unwarcanted aid uneonsented DEMOTION and TRANSFER. Roliets Avellable to an Megaily Dismissed Employee 4, Reinstatement; andor Rolustatemant - restoravon of tho empinyce to thy state from whieh he has been uastly Yemoved of separated witout toss of seniority rights and other privileges. Forms of Reinstatement 1 Actual or Physical Roinsiatemant « the ‘empiovee shall be admiited back to work. 2% Payroll Reinsleteme,.: ~ the employee is maraly reinstated in the payrol. What Is the Effact of the Reversal of Lubor Arvitur’s Decision to the Reinstarod Employeo? . If the decision of the labor arbiter is later reversed (on appaal upon the fiding tat the ground fur dismissal fs valid, then the employer has the right, to require the dismissed employee on javroll reingtatement to retund the salaries sine received while the case was pending appeal, or it can be deducted from the accrued banelits that the dismissed employee was entitled tc receive from hisiner employer under ex’sting laws, collective bargaining agreement provisions, and company «HHH Or practices, However, it she employee . was feinstaied to york during the pendency of the” appeal, then the -omployes is. entited to the compensation received. ‘or actual services: Fendered without need of fafund (Citibank v.° NLRO, G.R. Nos. 142732-93, Laacember 4, 2007) May a Court order tho Reinstatement of a Dismissed mpioyee Ever if tho Prayer of the Complaint did NOT Inciuas such retiet? YES. So long as theré s a finding that de employee was legally disnissed, the court can order the remnstatement of an employee even if th complaint does not irelude @ prayer tor Feinsiatement, uniess, of course, the employee has weived his right to ceirstalement. By law, an empoyee who is unjust clamissa Is entitled to remstatoment, among otheis, The:iners fact that the complaint did not pray for reiastatement vl not preicice the employee, because echnicalines of law and procedure ‘are frowned ‘upon in labor proceedings (Phasciom Industrial Gop. v. Moidez, GR No, 1161158, May 9, 2605) What happens if therm is an’ Order of Reinstatement but the pusition is NO longer available? fne employee should be. given a substantaly equiv atent positon, NO substantially equivatent position fs available, reinstetement should not be orderas! Lecause that woul In effect compel the eimplove to do the impossie, tn such a situatier he euiploye should merely be given separerion pay ¢ ansisting of oie mom salary for every year lof serves (11). (Grote Int Ine. ¥: ELA, GR fo, 23523, August 31, 1969) Dovinne of Strained Relations + When, nebo EEE elanoe trust the epee anes ed ae eee inte rmpurorg of ope fipeveath pa fahataterba coukehel eeatvely Aes La remedy, .Thisestod ne ee “bois alten esl and eaibincn eee wag 7 i. ieee per at i & «ikon ON the SSeployne: 1s Reyme so pte ease working “ah 1 eypijoes at ment, it ‘ord the pay. San Boye Collewe of LarwSan Meda College of Lay Separation Pay in Lleu of Reinstatement Proceeds trom an, liege! diamisval_swharein reinstatement Is ordered it can be cried cu asin the following casas: “4, Reinstatement canrat be effected 11 view of the fong passage 0! time or because 2" the roaiitias of the situaian; 2. That it would be iimical to the em ¢ interest, 3. Relnstatement may ro longer be feasibie; 4. ie'wiil not serve the best intere.t of the parties Involved; 5. Company will be relnstaiement; 6. {twill not serve @ prudent purpose; and 7. That there Is a resuliant strained relations projudiced by the Note: Unde" present laws and jurisprudence, separation pay may be viewed in four ways in lieu oftteinstatement in ilegal dismissal cases, where the ee Is ordered reinsiatud but reinstalement ir not feasible; a9 employers siatutory obligation in cases cf legal termination due te alithorized causes under Ad, 283 and 204; 3, as financial assistance, 28 an act of 30 justice and even in ase of legal dis under Art. 262; 4, as employment berafit granted in CBA or company policy (Poms, 2076) Backwayes - the reliet 3:ven to an employes to compensate him for los‘ ‘earnings during the period of his damissal. It. presupposes illegal ferminatian Note: Enlitlement to backwages of ‘he illegally dismissed employee flows: from law. Even ii he dons not ask fer it, it may He given, The falure to claim backwages In the complaint for ilegal dismisse! Is a “nere procedural lapse which cannot defeat & right granted under sudstan'ive law. (St Michéof's Instute v. Santos, GR Mo. 145780. December 4, 2007) How Its Computed Under existing law, backivages is computed trom the tine of the legal dismissal up to ume of actual reinstaiement. Rule on Backwages ‘The backwages to ba. svarded shoule ao! be diminished or reduced by eamings elsewtero during the period of his tlesal dismissal. The reasv.. is that the employee while litigating the itlegatity of his dismissal must stil eam a living 0 ‘support himself and his family (Bustamaot vs NLRC, G.R. No, 111081, March 18, 1996, Buenviaja v. CA, GR No, 14780C, Noverba, 2002). Inclaciect in the Computation of Backwages 1 trmsporatice ardamargeney allowances; 2 vacation or service Incentive leave and sick feave: and 3. 43" month.pay Netni Fartitics sich a8 uniforms, shacs, helmets aed panckas should NOT be Included in the eomputatlon of backwages, Reason: sail {ions aro given free, to be used only curing ficia! tour of cluty not for private or persons Note: The award of backwages is computed on, the bas's of @ 30-tay montiy (JAM Trens Co. ¥. Florgs, GR No, L-G8565, Merch 19, 1993). Circumstances thal Mining & Developai | Coupsration v. NLRC, SCRA 721). | Equivalent to et least oF monn: salary or to A mont’, salary for every Closures oF 4 cessation of operations not due to serious business josses wsiraneia reverses Dheuse | your of service, whichever We gevater, @ Faction of at ‘aust 8 months. small be ceiraderad one (1) whcie| Hoaeoeeeet ae oo ‘No siparation pay Cresule due to anact of | government Artieio 285: Termination ny Employee A Without Just Cause - by serving a sutton notice on the eiipicyer at least one aionth ir advance. The emtipoyer upon whom no such notice was served ‘may okt the omens Bhs : dloyee megyett "sdf an ora fh lng Rte hou SJony native ort the vianpldygr, for rt Aviulowing just-canary {SUGA) ‘AY Serious Insy! ye air ree vie yp i che SeySon Firds College of Ha MEMORY AUD IN LABOR LAV) 331 Voluntary Resignation + Defined as the act of en employee, wine finds hhimself-in a situation in whieh he believes that personal reasons Gaiinot he saci ficed in favor of the exigency wf the service; thus, he has no other choke but’ to disassociate himself vom his emp syment (Alfaro v. CA, Gr No. 1408912, August 28, 2004}, + The employee must zerve a writtan nitice om the employer ate ‘east one month In advence. Once eucepter. cannot b& ‘withdrawn without “she - consent of the emplover. (Inertiod feritima inc. v. NLRC, GR No. 81087, June 19; 4994) 16) An employee who.veluntanly rosigns is NOT niilled to separation pay unless stipulated in an employment centract or CBA ot sanctioned by established employer practice oF potoy (i3c.) Note: if resignation ts not voluntary, the same can be deemed to fe a constructive dismissal, + Veluntary resignation and illegal dismiesais. are adversely opposed modes of terminating ‘employmer't relations, in that the presence of ‘one precludes that one of the other (Alfaro v. A, iid), Intention 10 Resign From: his position, and such “resignation” may be accepted and made effective by the management although the employee dic not mentn the word ‘resign’ and/ of “resignation”: This happened to the rhief investigative reporcar of the Phippine Star, He sent « "Memorendum for File’ to the Chairman-GEO expressing nis frustrations and disappointments in the office. (Philippines Todey Ing, el al v. NLRC, G.R.No. 172965, January 20, 1987) Constructive Dismissal Defined ass quitting because continued employment. is" Tandered Impossible. Unreasonable or unlikely, av an offer mvalving demotion In rank ands’ dinv’nution in pay (Jo Cinonia Corporation v. Apallana, GF No, 132037, June 28, 2001). Note: There may, BB canétructive elsmissel il an act of clear discriminator, insensibiliy, or dain by an omployer becomes 50 unbearable oir the part of the employee that: could foreclose any thoies by him except t forego his soulinued employrnent (Hyatt Tax! Services, Inc. v. Cotimny, GR No. 143204, June 26 2001). Aller the 20-day period of preventive suspension, the employee musi be reinstated to his fermer position becavse suspension beyonce this maximun period mounts to constuctive dismissal. (Myolt Taxi Services, Inc. v, Catinoy, GE No, 143204, June 26, 2001.) Hote: Tha enipleyor may continue the parlod of preventive sispension provided that he pays the Salary 9 the employee. Tomporary Lay-Olf we 'There {sno specif prowelon of lew which treals of a temporary retrenchment or lay-off tnd provides for the requlettes In effecting It or a period of duration therefore. These employees cannct however be forever "temporarily" laid-of + Tovemedy this station, Artie 286 may be anpliad but only by anelogy fo set a speciic period thal employees’ may remain Temporaniy lald-of of Inija floating, status (stile business operatiof are susponded) {or only a period of sik months. Article 285; When Employment NOT Deemed Te-minated When Employment NOT Terminated: + Rona fide suspension of the operation of a business of undertaking for 3 period rot exvecdine si (6) exonths; oF 2° Eutiment by the emplayee of 2 Miltary ot vie duly, Floating Status The floating status’ of an employee should last rly for 2 legally prescribed petiod of time When Gre’reating status of an employes lass for !noro {hon si months, he may Be considered to t ave been constructively dismissed trom service. ‘Thus, Peer Gnilled to the euresponing benetits for ‘separation, (Aare Capri PSecuiily Services sponcy, Hig. 1 NERC 82020-24, 0 {989 Mga Sort eysinene~ to the env a for neo or rep ea anor ear. Codaaefand Bit [7 betore teinitgga the in the a s8ROe ot sil Saline ot the “pasbiover AB)" ‘edurat requ piers st Btu eb tais thelr actuatis? with Post wes moray) pul 3s losses: pravantegy i dents, the trsplover bf ‘wth the fequitement® A Ta132 |2009 CENTRALIZED BAR OPERATIONS ED HAR OPERATIONS THLE Two: SERVICE RET ENT FROM THE Article 287; Retirement Concopt of Retirement (1s tho result o! a bilateral act of the parties, a voluntary agraement between the einployer and thy ompioyees whereby tie lalter, alter reacling a cartain age, agrovs end/or consants to sever his employment with the former (Gvion v. SPUM cf ha ‘Seventh Day Adventise Chwch, GR NO. 135196, May 19 1999). Kinds of Rotiroment Schumos: 1. compulsory and contributory in rature: 2 one set up by agreoment hetvieen the employer and the employeea in CBA or other egreements between them (other applicable ‘omployment contract), 3. one thal is volintarily given by the employes, expressly as in an announced company policy or impliedly as in failure to centest the ‘employee's claim for retirement Leneiits (Marilyn Odchimar Gorlach v. Rewors Limite, Phils, GR No, 148542, January 17, 2008), el Rotirament Age - The ago cf retvement is that spoclied nthe CBA ‘ot in the ‘crplamnon cana See a dit oan Optional but the empioyea than 65 must have served at least 5: years Compulsory Rule on Mining Smployoas ‘The rule Is. different with respect tv underground mining empicyees.whosa optional retirement age |s 40-60 provided they have at least served tor a potiod of 8 years (An: 287 as amended by RA 854), Compulsory Retirement Age Below 60 is Allowed Aut. 287 permits employer and employee to fx the ‘applicable retirement age at below 60 years, The Same is legal and enforceable go long as the baitles agree to bo governed by such OBA, (Pantsanco Nort, Express v, NLRC, GR No. 95940, July 24, 1996), Extonsion of Service of Retiroa Upon the compulsory retirement of an employee 6 oficial in the public oF private service, ‘nis ‘umployment is daemed terminated, The matter of extension of service of stich employee or official is addressed to the scund dscretion of the mplayer (UST Facully nian v. NLRC, GR No, 89885, August 6, 1990), Borolits A ratirec: is entived ty a retirement pay equivetent {0 af deat 4 montt salary for every year of 0rvicg, & traction of at least six (6) morths keing consiaared as one wliole year, Unless the parties Provide for broader inclusions, the term “ona naif (1/2) month salary” shall gan: 318 days plus 1/92 of the 13" month pay, and 2 the cash equivaigal of NOT more than 6 days of service incestive leaves. (22.5 days ~ pr year of service) + Under Suction 2, Fal No, 4670, otier wise Known as the Megns arte for Peo School Teachers, public school teachers having fulfiled the age and service requicemerts of the applicable retiremgnt laws shall be given ONE RANGE SéLARY ‘RAISE upon retirement, which shall be qhe basie ot, the somputation of ha, imp. sum of the retirement pay anc :the moathly benefit thereater, Note: Exeinpted from the payment of retirement pay are 4.” retail, service and agicukural establishrnents or business operatiors employing NOT mare {hav ten (10) employees or workers; 2. government employees; and. ‘domestic heipers and those in the personal service of arather, i domestic helpers and those in the personal service af another, (Suv RA 7641, Retrament Ray Law). ay PROVIRIPNR EAN i ae “ONE: Uagirieg: te Oe ; nthe yor at the Ben Beda College of Kewx Suit, Beda College of Fate MLNMORY AID IN LABOR LAW] 133, 7 + In addition to such penalty, and alien tound 7 gully thereof shall be summarily cpoted tuoon completion of sarvice of sentence. +, Criminal’ offénse under the LC are also engnizabie by the regular courts: Article 289: Who ara L'shlo When Connulited by Other than Natural erson A judicial entity cannict by held criminally table for offenses committed trder the LC, Criminal penaties shall be impced only upon: the guilty officer of officers of sual: entity TITLE TWO: PRESCEIPTION OF OFFENSES. ANG CLAIMS, Article 291) Money Clelns TE a ijame nani t.year from the: ‘accrual | 4 yous tom Fe decrtal ote cause af felon ayea8 | Note: The perlod of pras tiation mentioned under Article 292 of the Labo. Code relurs to aid 18 limited to nioney claims, alt other cases of injury to rights of a working man being governes by the | Civil Cade. Hence, REINSTATEMENT prescribes in years, Verun: The Regional’ Arbitvation Beene where | the viorkplage Is locotad (LRG Rules of Procauure)...124 12009 CENTRALIZED BAR OPERATIONS 1. UL: Termination disputes; accompanied with a claim for ‘einstelarman!, those that workers fle Involving wages, ‘los of pay, hours of work and ‘ther terns and conditions of ‘umpioyment Claims for actual, moral exemplary and ather forms of damages areiny (rom Er-Ge relavors Cases arising fom ny Violation of AVC 254, inetoding ‘questions involving the legetity of siikes ond Kxkouts, Exeapt clainis for EC, Social Sacunty,Foiinealtn ane maternity benafis, all otnee claims “ong om &-€e relations, ching those of persuns” In damestic or Nhovse?iold survice, iavolving fan amount excee ting B 8,000 fognidiess 1 whether accompanied wth @ claim far rolnstatomant, Monetary claims of overseas contract workers arising thom Er-Ee rulaons unser Migrant Woikers Act of 1995, Ware uisiorion disputus’ in unorganized. establishinents Pot voluntarily setiied by the patties pursusnit io RA 6727 Enforeamant of consprome agracmonts wan thoia. is non-complianes by any of the poartioy pursuari (2 Arteta 227 of the Labor Coda, ns amended, ad 10! Olher cases as maybe rowed by le CONCURRENT Wirt NLRC 8] Contempt canes NOTE: Athough th provision ‘speaks of Exclusive and: Onginal if) Jurisdiction of Labor Arbiters, the ‘cases enumerated may instead o> 4H submited to a Voluntery Avbirator _| by sproemont of thy parts under ‘At 792, 171 Kaw prefers voluntary ‘over compuleory antatation “Ti Prima feois evicencs of abuse of iscretion | too cxcision, ordor ot avard was securad trough fait or ccercion insluding graft Sr corruption: I made purely fon questions of lary 8 Ue series erors in the. tind of fects haised whit would conve grave or rroparable damage or inuly” to the appellant By Dacisione ct Labor Arbtere. are ‘eppeaiadie to the NLRC within 10 calendar days. fom recat of the decision No Motion for Reconsideration is alowed, bul Ifthe MR has all the raquisites of én appeal, the same shall be twatyd as an appealSan Boba Caltege of Lars PEE MEMORY AID IN LABOR LAW| 135 See “OHOh a ‘hack of jurisdiction . “Gaot} corified to the NLRC | Grave abuse of | RECONSIDERATION for exmpiileory arstration ty | O9zraHI0r Find wits the NLRC wine 10 the foc, of Labor uncier At | calendar days from receipt of the 263: ‘order, resolution or decision on the MH injunction cases under Ants. 128 ‘grousd of palonble or patent errors and 264, und by the Commission Only ona (1) Content canes. HRs allows } APPEAL APPELLA Decisions of the NLRG may bo Canes decided by Labor Aries ‘lavated tor REVIEW to the Court ‘under Ar, 217fb, ofthe Labor Code Of Anpenis bP a Petition. for and Ser. 10 of Migrart Workers Cetra undar Rule J of tha Ack, and 1697 Raws of Court win 60 days Guess dackiod by — the from notice ot jrtiamient, ordor ae Regina’ Offeas of the LOL | Fesotiion sought to ba assailed (As in te exercise of ther a tory fupelions under : 29 v7" monetary caims | of witkeie sot ceeding P | ¢ Balt adhe A a Pa] Taterpral Tei and Waplernai avon Fall of CBA taviions, are 13) Intorprala ian. ane onforcemont of ‘company gorsonnel policies NOTE: Gdevanes machinery is fezerled te lor purposes ol sett mat Unvasolved gti wnee8 are Brough! to th a tad ‘of | Decisio ary Arotrators {the interpretation or mplementation | jurisdicton, | may be elavated for REVIEW to tho of tha GBA; 2, Greve abuan of | Court of Appeals under Rule 43 of fl Those” ‘arising from the | diseration; the, 1987 Flulog of Court within 16, Tree sign oe evoreement et | 3. Voation of dua] cayenrh alah, ine eware, pot es: a i laren ne tae rossuton ont of the MOP Ra act ot ha motion | ss tint eBetiaideration BeiBMear | esas got ease 8. bent i: : oA a Bia] Art 262 may Ince: termination it] disputet, provided that the BP corccrmant betwen he partes | Sistos ir unoguivoce! languege that | Bi they can'or to the submission of | Bat termination cloputes end. ULP to Beil voluntary. artltration, This is 90 By because termination dapule” aro Generely within the excisive ana B Griginal uriediction fay falters sy express grovsion cf ix | (ivare GA, 344 SOFA. 268 200%)136 |2069 CENTRALIZED bak UPEKATIONS. AED aah OPEKATIONS San Deda College of La» WE ORIGINAL Intarsinion igpute: J fegistation, Wied ith the | Intrasinionaisputy; ang | | Reaienai Oftza, me: appeal is win Other related labor relations the BLR Oiucior wnose decision sieputes, | sat be tna vt executory. NOTE: £0 251 OF s997 | Wha patter for cancelavan is fed Femved tom he juiedcion | Set he BUR, the ape is of the BL alt aoe vai the Secatuy gf Labor vos Menayement disputes, The dooisian sa: bn final and executor | oleae E0201 8 banster {2 the NEME the modiaton, Senciaton. and arbivation functions of te LR. | : NOTE. However, the. parts | may by agraamont, sete tne aiterencee by svomiting the 29@ fo. Vohinary Bistro i lostead of taking the tase te é wel {Potions for carcoiotion of Sunn regatiston may. bo ice wih to Regina Ofica or | 5 gt oat dk cy Decsios of F Regional Orecior ya(tanetry claims and ovisence - "of | are appealabi tothe Secretary of Banetts, Iciudeg, tequl wncrest| abuse 91 | Labor wan € aya ton eectorg | mowed (ie me caer is) aenin, "| tha andr use poate of ea | resented by an wupoyee or | 2. ih tha deashn, | surly bond mn einoeet eek | Fata jamoleves in domasts or)" orcur cr award | the mone wy sardine eds | {usshld sence, or nouseiwiper, | was “secured | appeatea tor Gita P90" fhe chim siges fom Ere | lugh tad oj roar tD Are 120} relations, the clainunt coes rut | ccureion, Decisions on riney claims without + Seek, _falnsatement | and the | including gia | clone velar ee | ine oceans cloak |, aMokienin | otaenabe see #8600 rt | employee of hcuretiaier doas not | 8. i inate prety | below ate apprcNable aches Wlees | jj erovud ® 6000 on walang af | vn § ays Com receipt ot the | i Sppeaiey deciven NOTE: Tho junydicvona tinvaton | \ senbus ecorg Imased 0)" Ar V4 “onthe |. in the tindage ‘ A] storia and eros; mont pavers || ot tacts ara | 4 ‘ af the Renianal Dia. under Art| fas od which i {2ilo] ol hy LC has ben repealed | Wo.to cane aot EY RA No, 7730. In other words, | rave the P 5,000 limit in art 129 dees “gg a tat tpi to nu execo of power | — EM J ings At. 20] co» Soe er] AAP, ioto,’GR Wo iS) nowemer| eee | 16, 1906), “hy % tie ¥ € ye Tre.Span flere College of Kaw 7 MEMONY AID IN LABOR LAW] 137 B Power “aanayers promises aid records, issue compliane cirdors, stoppage of work (Art 422). Hi EXCLUS'VE AND ORIGINAL A if thereon labor dispute caus gory to cain a etko or ackoot H Sr inausty.Indapensatie. to tho THE SECRETARY OF LAPOR I ay | | Ry assume jurisdiction and decide | fA it, or RF cerity-ite same to the NLRC Bt for com:ulsory arbitration Cancellation of registratios of H federation or National union by BY Denial of — application of NG reaisirution of federation or | Hf sina onontby the PL | Decision of BLR In. Inter/inta ‘ APPELLATE | Union dispute; and Decision of | Med-Arbiter ie Petition, for Cerifiration election,