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1. Do workers have a right not to join a labor organization.

ANSWER:
Yes. The law so provides that it is the right of the employees to form, join or
assist in the formation of a labor organization of their own choosing for purposes of
collective bargaining through representatives of their own choosing and to engage in
lawful concerted activities for purposes of collective bargaining or for their mutual aid
and protection. It also includes the freedom not to join a labor union.

2. Mang Juan, owner of a shoe repair shop with only nine (9) workers in his establishment,
received proposals for collective bargaining from Juan Shoe Union. Mang Juan refused to
bargain with the workers for several reasons. First, his shoe business is just a service
establishment; Second, his workers are paid on a piecework basis and not on a time basis.
Third, he has less than ten (10) employees in the establishment. Which reason or reasons
is/are tenable? Explain briefly.

3. Are GROs qualified to form a Union?


ANSWER:
Yes, provided that there is employer-employee relationship between the GROs
and the establishment, for purposes of collective bargaining.

The Labor Code provides that any woman who is permitted or suffered to work,
with or without compensation, in any night club, cocktail lounge, massage clinic, bar or
similar establishment, under effective control or supervision of the employer for
substantial period of time as determined by the Secretary of Labor, shall be considered as
an employee of such establishment for purposes of labor and social legislation.

4. Who are those workers who cannot join unions under the Labor Code?

5. May probationary employees be allowed to vote in the election of union officers?


Reason.
ANSWER:
Yes. Any employee, whether employed for a definite period or not, shall,
beginning on his first day of service, be considered an employee for purposes of
membership in any labor union, as provided by law.

6. ADA is the chief of a section in a large export-oriented company, supervising the work of
50 employees. Under the company’s policy, a section chief can hire but cannot dismiss,
suspend or otherwise discipline employees without the approval of the general manager.
He works beyond eight hours every workday. There are 60 other section chiefs in the
company. May ADA and other section chiefs legally form a labor union of their own?
Explain.

7. Do the following workers have the right to self organization? Reasons/basis. (i)
Employees of non-stock, non-profit organizations? (ii) Alien employees?
ANSWER:
(i) Yes. The Labor Code provides that all persons employed in religious, charitable,
medical, or educational institutions, whether operating for profit or not, shall have
the right to self organization and to form, join, or assist labor organizations of
their own choosing for purposes of collective bargaining.

(ii) As a general rule, aliens cannot join labor unions in the Philippines, they are
prohibited under the Labor Code from engaging directly or indirectly in all forms of trade
union activities.

However, aliens working in the Philippines with valid permits issued by the
Department of Labor and Employment may exercise the right to self organization and
join or assist labor organizations of their own choosing for purposes of collective
bargaining, provided, that said aliens are nationals of a country which grants the same or
similar rights to Filipino workers.

8. Do employees of a cooperative have a right to form a union?

9. Who are the managerial, supervisory and rank-and-file employees?


ANSWER:
Managerial employees are vested with powers or prerogatives to lay down and
execute management policies and/or hire, transfer, suspend, lay-off, recall, discharge,
assign or discipline employees.

Supervisory employees are those who in the interest of the employer, effectively
recommend such managerial actions if the exercise of such authority is not merely
routinary or clerical in nature but requires the use of independent judgment.

Rank and File employees are all employees not falling within the definition of
managerial and supervisory employees.

10. Can an employer legally oppose the inclusion of confidential employees in the bargaining
unit of rank-and-file employees?
11. Under the preceding question, would your answer be different in the confidential
employees are sought to be included in the supervisory union?
ANSWER:
No, my answer would still be the same that the employer may legally oppose the
inclusion of confidential employees in the bargaining unit of supervisory employees.
Under the doctrine of necessary implication, confidential employee who assist or
act in a confidential capacity to persons or officers who formulate, determine, and
effectuate management policies specially in the field of labor relations, whether rank-and-
file or supervisory is not allowed to assist, form or join a bargaining unit and labor union.

Accordingly, if confidential employees could unionize in order to bargain for


advantages for themselves, then they could be governed by their own motives rather than
the interest of the employer. Likewise, it would mean the extension of the law to persons
or individuals who are supposed to act in the interest of the employers.

12. True or False. Explain your answer in not more than two (2) sentences. All confidential
employees are disqualified to unionize for the purpose of collective bargaining.

13. How does the government employees’ right to self-organization differ from that of the
employees in the private sector?
ANSWER:
There is no substantial difference of the right to self organization between
workers in the private sector and those in the public sector.

In public sector, the purpose of self organization is for the furtherance and
protection of their interest. While, in private sector, the purpose of self organization is for
collective bargaining agreement, likewise enhancing and defending their interests and for
their mutual aid and protection.

Also, government managerial employees are not expressly prohibited to join,


assist or form any labor organization of their own, unlike in managerial employees in
private sector.

14. What is the exception to the rule that the right to self-organization granted by law to
qualified workers cannot be abridged?

15. (a) Define Labor Organization. (b) What is a legitimate labor organization.
ANSWER:
(a) Labor Organization means any union or association of employees which exists in
whole or in part for the purpose of collective bargaining or of dealing with employers
concerning terms and conditions of employment.

(b) Legitimate labor organization means any labor organization duly registered with the
Department of Labor and Employment, and includes any branch or local thereof.

16. What is the importance of labor organizations?

17. At what particular point does a labor organization acquire a legal personality?
ANSWER:
Under the Labor Code, labor organization acquires legal personality upon the
issuance of the certificate or registration, which is the date as reflected in the certificate.

18. When may a local chapter acquire legal personality?

19. How may a certificate of union registration be cancelled? On what ground/grounds?


ANSWER:
The Labor Code gives the following grounds:
a. Misrepresentation, false statement or fraud in connection with the adoption or
ratification of the constitution and by-laws or amendments thereto, the minutes of
ratification, the list of members who took part in the ratification;
b. Misrepresentation, false statements, or frauds in connection with the election of
officers, minutes of the election of officers, the list of voters;
c. Voluntary dissolution by the members; and
d. Violation of any of the rights and conditions of membership in a labor organization.
20. A duly registered labor organization participated in a strike which was declared illegal as
a strike was made against a company classified as (vital industry) industry indispensable
to the national interest. Subsequently, the certificate of registration of the said labor
organization was cancelled on the ground that it has engaged in an activity prohibited by
law that it has engaged in an activity prohibited by law. Was the action taken in the
cancellation of the certificate of registration legal? Discuss with reasons.

21. What do you under by the right of the local union to disaffiliate?
ANSWER:
The right of a local union to disaffiliate from its mother federation is well settled.
A local union, being a separate and voluntary association is free to serve the interest of all
its members, including the freedom to disaffiliate when circumstances warrant. This right
is consistent with the constitutional guarantee of freedom of association.
When local union withdrew from the old federation to join new federation, it was
merely exercising its primary right to self organization for the effective enhancement of
common interests. In the absence of the enforceable provisions in the federation’s
constitution preventing disaffiliation of a local union, a local may sever its relationship
with its parent.

Nevertheless, right of a local union to disaffiliate may be generally exercised only


during the 60-day freedom period immediately preceding the expiration of the Collective
Bargaining Agreement (CBA).

22. What are the rights of a legitimate labor organization under the Labor Code, as amended?

23. What requisites must a Union comply with before it can validly impose special
assessments against its members for incidental expenses, attorney’s fees, representation
expenses and the like?
ANSWER:
The Labor Code provides for the following requisites in order for the union to
validly impose special assessments and other similar charges against its members:

1. It must be authorized by a written resolution of a majority of all the members at a


general membership meeting duly called for the purpose;
2. The secretary of the organization must record the minutes of the meeting which,
in turn, must include, among others, the list of all the members present as well as
the votes cast; and
3. Requires an individual written check-off authorization duly signed by every
employee in order that a special assessment may be validly checked-off.

24. Some disgruntled members BLU filed with the Regional Office of the DOLE a written
complaint against their union officers for mismanagement of union funds. The Regional
Director did not rule in the complainants favor. Not satisfied, the complainants elevated
the Regional Director’s decision to the NLRC. The union officers moved to dismiss on
the ground of lack of jurisdiction. Are the union officers correct? Why?

25. Under what conditions may the Secretary of Labor or his duly authorized representative
inquire into the financial activities of legitimate labor organization?
ANSWER:
The Secretary of Labor is expressly authorized by the Labor Code to examine the
financial records of the unions to determine compliance or non-compliance with the
pertinent provisions of the Labor Code, and to prosecute any violation of the law and the
union constitution and by-laws. But this authority may be exercised only upon the filing
of a complaint under oath and duly supported by the written consent of at least twenty
percent (20%) of the total membership of the labor organization concerned.

26. On what ground or grounds may a union member or even a union officer be expelled
from the organization?

27. What is an appropriate bargaining unit for purposes of collective bargaining?


ANSWER:
An appropriate bargaining unit is a group of employees of a given employer
comprised of all or less than all of the entire body of employees, which the collective
interest of all employees, consistent with the interest of the employer, indicate to be the
best suited to serve reciprocal rights and duties of the parties under the collective
bargaining provisions of the law.

A unit to be appropriate must effect a grouping of employees who have


substantial, mutual interest in wages, hours, working conditions and other subjects of
collective bargaining.

28. Explain (a) The Globe Doctrine (b) The Community of Interest Rule.

29. What are the modes of determining an exclusive bargaining agreement? Define each.
ANSWER:
The following are the modes of determining an exclusive bargaining agreement:
1. Voluntary recognition, refers to the process in an unorganized organization by which
a legitimate labor union is voluntarily recognized by the employer as the exclusive
bargaining representative or agent in a bargaining unit and reported as such with the
Regional Office in accordance with the Rules to Implement the Labor Code;
2. Certification Election refers to the process of determining through a secret ballot the
sole and exclusive bargaining agent of the employees in an appropriate bargaining
agent of the employees in an appropriate bargaining unit for purposes of collective
bargaining or negotiations, which is conducted only upon the order of the Med-
Arbiter of the Bureau of Labor Relations (BLR) of the Department of Labor and
Employment (DOLE);
3. Consent Election, the process of determining through secret ballot the sole and
exclusive representative of the employees in an appropriate bargaining unit is not
ordered by DOLE, but has been voluntarily agreed upon by the parties with or
without the intervention of the DOLE;
4. Run-off Election, refers to an election between the labor unions receiving the two (2)
highest number of votes in a certification election or consent election with three (3) or
more choices, where such a certification election or consent election or consent
election results in none of the 3 or more choices receiving the majority of the valid
votes cast, provided that the total number of votes for all contending unions is at least
fifty percent (50%) of the number of votes cast; and
5. Re-run Election is conducted among contending unions when certain irregularities
have been committed during the conduct of the certification election, in which case it
is invalidated, in order to determine the true will and desire of the employee-
electorates.

30. Cite the “BARS” to Certification Election?

31. In what instance may a petition for certification election be filed outside the freedom
period of a current collective bargaining agreement?
ANSWER:
As a general rule, in an establishment where there is in force and effect a CBA, a
petition for certification election may be filed only during the freedom period of such
CBA.

But to have the above-mentioned effect, the CBA should have been filed and
registered with the Department of Labor and Employment.
Thus, a CBA that has not been filed and registered with the Department of Labor
and Employment cannot be a bar to a certification election and such election can be held
outside of the freedom period of such CBA.

32. Is it required that an employer-employee relationship exists between an employer and the
employees in the appropriate bargaining unit before a certification election can be
ordered? If so, why?

33. How do you determine the majority vote in a certification election?


ANSWER:
The majority vote in a certification election is fifty percent (50%) plus one (1) of
the valid votes cast. Spoiled ballots are excluded.

34. (a) Can a “no union” win in a certification election? (b) When does a “run-off” election
occur?