1) When you speak of unionism, what is that?

Right of the workers to form an union/organization in order to improve their

working conditions

2) It is the policy of the state to promote unionism, how does the state do this or
carry out this policy?
By enshrining the policy in the Constitution and the Labor Code - the right to form
associations.

By granting to the workers certain rights such as the right to self-organization,

right to collective bargaining and negotiation, right to peaceful concerted
activities

3) What right in particular is this?

Freedom of association

4) Freedom of association is a broad concept, do we have a freedom of association

under the Constitution? And is it available to whom?
Yes. Available to everyone and workers

5) When you speak of workers, there are public and private sectors, which one do
you speak of?

6)For workers, in promoting unionism, the state granted to them what rights?
By granting to the workers certain rights such as the right to self-organization,
right to collective bargaining and negotiation, right to peaceful concerted
activities

7) Are these rights found in the constitution? What is the primary source of
rights?
Constitution. Article XIII

8) Where else?
Statutes - Labor Code of the Philippines

9) Where else?
International conventions
ILO Conventions No. 87 and 98

The primary sources of these guaranteed rights:

Consti, Int'l convention, Statutes

9.a) What probative weight to we give to these international conventions?

What is their effect?
These conventions are treated as law and have the force and effect of law because
of the incorporation clause.

10) Which particular provision provides that right of self-organization?

Art. III (8) and Art. XIII (3)

11) Under Article III, it speaks of the freedom of association and to whom the
freedom of association is available?
First to the people, those who are employed in the public and private sectors to
from unions, associations, or societies for as long as it is not contrary to law.
It is one of the civil rights guaranteed by the consti.

12) Another article in the consti that guarantees worker's union rights?
Art. XIII (3)
13) Briefly, what do you understand of these rights?
Right to self-organization - right of workers to form, join, or assist in the
formation of a labor organization

Right to collective bargaining and negotiations -

Right to peaceful concerted activities -

13.a) Which is broader? Right to self-organization or freedom of association?

13.b) Is right to self organization an integral aspect of freedom of association?

Yes.
the freedom of association has two main parts - liberty and power

13.c) does a worker have the liberty or power to decide for himself to join a labor
org?
Yes. Because the worker can act as he pleases

13.d) Does the worker have the power to choose the organization and quit the
organization?
Yes. He has both powers

13.e) If he quits, does he have the power to join another organization?

Yes

13.f) Does the worker have the right to decide to choose a union to join and which
union to join?
Yes. Similar to freedom of association

13.g) Does he have the right to quit?

Yes

13.h) Does he have the right not to join?

Yes. because of the negative freedom of association - not join a union

14) Define labor organizations

Under the LC - speaks of union that exists for purposes of collective bargaining;
refers to a union organized for the purpose of collective bargaining.

Under the IRR - speaks of those in the private sector and the purpose of the
organizations existence

15) The right to collective bargaining and negotiaton, what is this?

Read CBA
Collective bargaining and negotiation is a process which a legitimate union and
employer discuss and negotiate wages, hours of work, terms and conditions - the end
product is the CBA

16) Would the right be present if the worker does not form available?
No. The workers must form a union in order to negotiate and bargain. Individual
bargaining is generally ineffective.
This is because it is the union which exercises their right to collective
bargaining and negotiation

17) Right to peaceful and lawful concerted activities

It still is in concert.
18) Give an example of the forms of concerted activities
Strike - held as a result of a labor dispute

18.a) Labor dispute -

Picketting -

19) In collective bargaining and negotiation, is there an obligation on the part of

the employer to accept the terms of the employees?
No. It has to be mutual acceptance that is why it is bargaining and negotiation.
In case of deadlock, then the state allows peaceful concerted activities

20) Non abridgment of Right to Self-organization

- prohibits any person (may or may not include employer, includes public or private
person like police, juridical entities) to restrain or unduly interfere with the
right to self-organization

21) Penal provision of the LC: Art. 303 - any violation declared to be unlawful
If employer - Unfair Labor Practice
If not an employer - liable under the LC thru the penal provision

22) Who may exercise of the right of self-organization?

Art. 253

23) When is an establishment considered commercial?

Engaged in the sale of goods
Tin N Kutch, SM

24) Industrial?
Engaged in manufacturing and processing of products from raw materials
SMB, Cocacola, La Tondena

25) Agricultural?
Engaged in planting, growing, crops (See Art. 97 for the defn of agriculture);
engaged in farming operations

26) Medical?
Chong Hua hospital

27) Charitable?
GK

28) Educational?
USC

all those employed have the right to exercise self-organization