Art. 246 (Non-Abridgment of right to self organizationIt shall be unlawful for any person to restrain, Coerce, discriminate against or unduly interfere with employees and workers in their exercise of the right to self organization. Such right shall include the right to form, join or assist labor organization for the purpose of collective bargaining. (LBP) Art. III Sec. 8- Right of people to form unions, associations and societies shall not be abridged. Art. XIII Sec III- The state shall promote full protection to labor. II. Labor orgs 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 Union Function and Rationale 1. To promote interests of labor without unnecessary labor disputes (United Seamans Union v Davao Shipowners Assoc (1967)). 2. It is the instrumentality through which an individual laborer who is helpless as against a powerful employer may, through concerted effort and activity, achieve the goal of economic well-being. Workers unorganized are weak, workers organized are strong RIGHTS OF LEGITIMATE LABOR ORGANIZATION ART. 242 1. to act as REPRESENTATIVE of MEMBERS for purpose of collective bargaining 2. to be certified as EXCLUSIVE REPRESENTATIVE of EMPLOYEES in appropriate bargaining unit for purpose of collective bargaining 3. to BE FURNISHED by employer, upon written request, with its annual audited FINANCIAL STATEMENTS 4. to OWN PROPERTY, real/personal, for use and benefit of the labor organization and its members 5. to SUE and be sued in its registered name 6. to UNDERTAKE ALL activities designed to benefit the
organization and members not contrary to law
7. income, properties, grants, endowments, gifts, donations, and contributions used for their lawful purposes shall be FREE from TAXES, DUTIES and ASSESSMENTS, except when this provision is expressly repealed by a special law Who may form a labour Union? Employee- Includes any person in the employ of an employer 1. Rank and file employees -It is immaterial if the institution is non profit -Self employed workers may also form a labor union 2. Supervisory employees (Not in a rank and file labour union) - are those who, in the interest of the employer, Effectively RECOMMENDS such managerial actions If the exercise of such authority is not merely routinary or clerical in nature But requires the use of INDEPENDENT JUDGMENT. -For their mutual aid and protection 3. Government Employees Who cannot form a Labour Union? By Law 1. Managerial employees s one who is vested with powers or prerogatives: To lay down and execute management policies and/ or To hire, transfer, suspend, layoff, recall, discharge, assign, or discipline employees. 2. High level employees 3. Aliens By Jurisprudence 1. Employee of a cooperative
2. Confidential Employees- an employee who (1)
assist or act in confidential capacity (2) to persons who formulate, determine and effectuate management policies in the field of labor relations By the constitution:
Limited grounds for the cancellation for union
registration -Misrepresentation, false statement or frau in connection with the adoption or ratification of the constitution
1. Members of the AFP, Police officers, Policemen ,
Firemen, and Jail Guards
-Failure to submit the necessary documents
Independent Union- Requirements (DOLE)
-Entering into Bargaining below the minimum
standards
1.50 Pesos registration Fee
2. Names of the officers and members forming the labour union and the number of minutes 3. Name of members (20% of the Bargaining unit) 4. Copies of annual Financial Report 5.4 copies of constitution and Bylaws
-Acting as Labor contractor engaging in the cabo
system (Labor only contracting)
-Failure to comply with requirements under articles 237
Summary: Who Moved My Cheese?: An A-Mazing Way to Deal with Change in Your Work and in Your Life by Spencer Johnson M.D. and Kenneth Blanchard: Key Takeaways, Summary & Analysis
HBR's 10 Must Reads 2023: The Definitive Management Ideas of the Year from Harvard Business Review (with bonus article "Persuading the Unpersuadable" By Adam Grant)