December 8, 2014

LABOR RELATIONS
What can they do. Pwede sila muhatod ug
bugas, sud-an. To whom? To the members
of XYZ union who went on strike. Because
employees who went on strike are not
working. They are not receiving salary
because under strike, no work - no pay
applies. You want to go on strike, you have
to take the risk that you will not get paid.
In the meantime, if the strike went on for
10, 15 days. What will happen? Kulob ang
kaldero. What will the other members of
the federation do? They will probably
support you because they believe in your
cause. Isa pa, you are under one umbrella.
Correct? That's one of the reasons why
some union opt to be under a federation.
In independent union, if you go on strike,
who will support you? Nobody. Can you
sustain the strike for 15 days? Probably
not. 30? All the more. But if you a union
under a federation, you can actually
survive.
What are examples of federation? FFW Federation of free workers. ALU Associated labor union.
How many according to the law? There
should be 10. All of them must be
bargaining
representatives.
For
the
federation to be organized.
Chartered local is given life by way of
charter cert issued by the Federation.
A Federation must be registered with
DOLE also. It is an LLO - legitimate labor
organization.
Is an independent union an LLO? Yes or
no?
Remember, only LLOs can take part in a
representation process. You have to
register.

What are the ways to become LLO,

according to Art. 234? Those are the
requirements for registration. When you
comply with those requirements, and you
have 20% of the members of the
bargaining unit, you will be registered.
Who will register you? With the DOLE.
When DOLE issues you a certificate of
registration, you will become, you will be
given the status of a LLO. An LLO now will
now have the right to take part in a
representation process. In can present
itself. What is it presenting itself for? It can
present itself as a choice for the purposes
of the workers electing you as my
representative for Collective Bargaining.
So I am now an LLO. I will represent the
workers if you want me to represent you in
the collective bargaining.
What is the difference between a union
and a bargaining unit?

A bargaining unit is the appropriation of

workers who share the same common
interests.
Why can't we combine rank and file and
supervisors in one bargaining unit?
Because they have different interests.
Combing them would mean that the
bargaining unit is NOT APPROPRIATE, it will
not promote their best interest.
As I told you, you cannot combine them.
Because supervisors are not concerned
about overtime pay. They are not entitled
to overtime pay, higher service incentive
leave, night shift differential. They will not
be asking for those. Rank and file will be
interested in the higher premium for
overtime, work rendered in holidays. What
are the supervisors interested in? If

whether or not the company will pay 70%

of the car, additional communication
allowance? Those are their concerns.
Different. So you do not combine them in
the same bargaining unit.

PRESUMPTIVE LEGITIMACY. It is presumed

to be legitimate. However, for the
chartered local to enjoy full rights of a
LLO, it has to register as a chartered local.
Unsang requirements? Naa sa 234 - A.

Example: Bargaining unit of rank and file.

There are 500 of them. They want to
organize a union. How many should be
members of the union so they can
organize an independent
union? They
need at least 100 members (20%).

What is the purpose of the issuance of a

charter certificate? Only for the purpose of
presumptive legitimacy, with limited
rights. According to 234 - A (240)... Only
for the purpose of FILING A PETITION FOR
CERTIFICATION ELECTION. That is its sole
right. Filing only. Under the rules, filing
lang talaga. And it ends there. It cannot
even participate in the election proper
itself if it will not seek registration as a
chartered local. It can file a petition.

20% of the members of the bargaining

unit should be members of the union for it
to be registered as an independent union.
Among other things as required by law.
Mga constitutional by laws, minutes of the
organizational
meeting,
names
and
addresses of the members.
According to the Supreme Court what is
required is the list of the names of the
members, not their signatures.
Read Art. 234: The names and addresses...
the list....
Case: The BLR cancelled the registration
on the ground that there was no signature
attached. However the SC ruled that the
law never required signatures. You cannot
require what is not required by the law.
What are the two ways to become LLO?
1. Registration under 234
2. Chartering under 234-A
LISTEN: An independent union acquires
the status of LLO upon issuance of
certificate of registration. It will enjoy full
rights of a LLO by the time it is registered.
How about a chartered local? What makes
it a LLO? Upon issuance of charter
certificate by a Federation. But that
issuance of charter certificate only gives
rise to what is known in our jurisdiction as

What is the petition praying for? Petition

for certification election (PCE)? What is it
asking? Certification election resolves
representation isssues. So what are you
asking if your filing a PCE? What are you
asking DOLE to do? The result is that you
will become the exclusive bargaining unit.
To call for election. To ask workers two
things: 1) Do you want to be represented
by a union? 2) Which of the two union do
you want to represent?
What are the choices? If there's only 1
union, is the union automatically be
certified as the bargaining agent? NO.
Because you still have to ask the 1st
question... do you want to be represented.
If you don't want to be represented, the
bargaining unit will remain unorganized.
If more than 1 union, you have to make a
choice. Is it Union A, B, or C.
What is being resolve? Representation
issues/cases
What is the process called? Certification
Election
So a chartered local when it has not
registered yet as a chartered local may

ONLY file a petition to ask DOLE to call for

election. If DOLE grants the call for
election, which DOLE always do with only
1 requirement under Art. 256... That the
petitioner is a LLO.
Question: If dili pa sila ma register even if
naay CE, dili sila ka vote noh?
Answer: Dili madayon ang CE if they will
not register. It's in the Rules. You read the
portion regarding the decision of MedArbiter. It says there that a chartered local
who fails to submit the certificate of
registration will be excluded from among
the choices in the CE. Bisan pa ug sya ang
petitioner. Can a chartered local be a
petitioner? Yes. Because it can file a
petition. So petitioner sya.
Example: Union A sya. Tapos ang sabi ng
Union B which is an independent union,
Union A should already be registered.
Because it cannot be admitted unless it
will register first. Union A is already a LLO
with limited rights. And what is that? Only
to file a PCE. And so Union A filed a
petition.
Union B heard about the petition, it filed a
motion for intervention. It intervened by
saying "please include me in the list of the
choices because I exist. Union A and B
exist in the same bargaining unit. MedArbiter granted the petition. Will there be
a chance that Union A's name will be
deleted in the choice? Yes. If it fails to
register as a chartered local FIVE DAYS
PRIOR TO THE CONDUCT OF ELECTION.
Prior to the conduct of election, Union A
should already register for it to enjoy full
rights of a LLO.

Several unions or chartered local may be a

part of a federation.
Example of Trade Center: TUCP and KMU
How many entities exist in the Philippines
as a union. There are only 4 types. These
are all labor organizations.
Independent Union
Chartered Local
Federation
Trade Center

LISTEN:
National Unions: Federation and Trade
Center, the inter and intra union dispute
and cancellation cases will be under the
BLR.
Why? Because
these are all national
organizations.
Independent Union and Chartered Local at
the Establishment/Enterprise level, it is
cognizable by Med-Arbiter if its inter-intra
or Regional Director if cancellation.
There is no representation issue involving
a Federation or Trade Center.
A representation case is always at the
enterprise level.
One more thing:
Independent union and Chartered local
- Inter & intra (Med Arbiter)
- cancellation (RD)
Both instances are appealable to the BLR.

The concept of the union movement in the

Philippines.

Is the decision of the BLR in its appellate

jurisdiction appealable to the SOLE, in
cases originating from Regional Office?

Several federations can form a TRADE

CENTER.

NO. Not anymore.

Because there is only one appeal.

When will BLR exercise original jurisdiction

over a labor organization dispute? If it
involves a Federation or Trade Center..
This will be appealable to the SOLE.
If representation case, the appeal will go
directly to the SOLE.