1.

Right to Form Association

- Also includes employees of the government
Cannot bargain collectively
In lieu of CB, collective NEGOTIATION (CAN)
Governing Law on CN: EO 180 : Public Sector
Management Council (has jurisdiction over
issues on CN)
Not covered by CN:
Fixed by law
Involved appropriation offense (consti restraint)
Management prerogatives of high level
employees
-

Who cannot form Unions

Managerial Employees
Confidential Employees (Labor Related)
Cooperatives
Employees of AFP, BJNP, PNP, BFP

Legitimate Labor Organization

- those that are registered either with Bureau of Labor
Relations OR Regional Office of the DOLE
- BLR ( Mother Unions, federations, etc.)
- RO of DOLE : ( 20% subscription requirement;
independent unions)
- Is there anywhere in the law where a non- registered union can file a
petition for certification of election?
- YES. In the case of a chartered local or local chapter
that is issued with a charter certificate by the federation
or national union, it acquires an impartial or imperfect
legal personality but only for purposes of certification
election.
Should a local chapter, in order to acquire full legal personality be
registered with the local office?
-

NO. The only requirement is the submission of certain

requirements such as: constitutional by laws and
charter certificate to be filed with the regional office of
DOLE.

Types of Bargaining:
1. Blue- Sky Bargaining
- The union submitted a CBA proposal but the CBA
proposal contains economic demands that are beyond
the reach of the employer / SKY HIGH.
2. Surface Bargaining
- The employer dilly-dollies/ procrastinates or keeps on
postponing CBAs because it has no intention of signing
the agreement with the union.
3. Take it or Leave it Bargaining (Boulwareism)
- Violation of the GOOD FAITH/MUTUAL Bargaining.
2. Right of Representation
Modes of determining representation status:
- Voluntary Recognition: there is only 1 union that has the
majority status within the company premises.
-

Consent Election: among unions within the company

premises, they consented, they approved that they
have to conduct an election with or without the
intervention of the regional office of the DOLE

Certification Election: Best Consent Rule / Double

Majority Rule: employer has no personality in CE
UNLESS invited. : sole concern of employees

3. Right to be certified as the bargaining agent