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Any employee, whether employed for a definite period or not, shall beginning on the first
day of his/her service, be eligible for membership in any labor organization. (Ibid.; See
also Article 277 [c], Labor Code; No. 10, Basic Amendments under R. A. 6715, prepared
by Members of the Senate-House Conference Committee of Congress). chanrobles
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m. All other employees in the civil service shall have the right to form
associations for purposes not contrary to law. (Page 28 – 29, Poquiz
book 1)
n. Negative freedom of association, that is, the right not to join a labor
union. (pg. 154, book2)
a. Preliminary process;
b. Negotiation;
c. Execution;
d. Publication;
e. Ratification;
f. Registration;
g. Administration; and
h. Interpretation and enforcement. (Pgs 246 and 249, book 2)
As to Nature:
LABOR ORGANIZATION registered with SEC only has the effect of giving
it juridical personality before the regular courts of justice; while
registration with the BLR or the Regional Office of the DOLE is what
makes a union a LEGITIMATE LABOR ORGANIZATION.
As to Effect of Registration:
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Registration with SEC only confers upon the LABOR ORGANIZATION
legal or juridical personality.
a. Right of representation;
b. Right to be certified as the exclusive bargaining agent in the
bargaining unit;
c. Right to acquire and dispose of property, real or personal, pursuant
to the purpose embodied in its constitution and by – laws;
d. Right to sue and be sued in its own registered name;
e. Right to engage in activities which would redound to the welfare
and benefit of the members of the union;
f. Right to be exempted from taxes; and
g. Right to be furnished a copy of the employer’s audited financial
statements. (pgs. 136 to 137, book2)
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authorized the Board to appoint a person to exercise the right, a mere Board
Resolution will suffice.
D) Right to engage in activities which would redound top the welfare and benefit
of union members – It may engage in activities such as cooperatives, housing
projects, businesses and others.
Article 241 of the Labor Code enumerates the rights and conditions of membership in a
union and they may be summarized as follows:
1. Political rights- the member’s right to vote and be voted for, subject to lawful
provisions on qualification and disqualifications.
3. Rights over money matters- the member’s rights against excessive fees; the right
against unauthorized disbursement; the right to require adequate record of income and
expenses and the right to access to financial records; the right to vote on officer’s
compensation; the right to vote on proposed special assessments and be deducted a
special assessment only with the member’s written authorization
Yes. Workers have the right to join a Labor Organization. However there are workers
who are prohibited to join labor organizations such as:
3. Managerial Employees – vested with the powers or prerogatives to lay down and
execute management policies and/or to hire, transfer, suspend, lay-off, recall, discharge,
assign or discipline employees. [LC, Art. 219 (m)]
4. Members of the AFP including the police officers, policemen, firemen, and jail guards
(E.O. 180, Sec. 4).
6. Employees of cooperatives who are its members. However, they may form workers’
association.
7. Non- employees
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8. Government employees, including GOCC’s with original charters .Government
employees are governed by the Civil Service Commission.
9. Aliens without a valid working permit or aliens with working permits but are nationals
of a country which do not allow Filipinos to exercise their right of self-organization and to
join or assist labor organizations. [LC, Art. 284; D.O. No. 9, Rule II, Sec. 2 (1997)]
15. Explain the rationale why there are excluded from the
collective bargaining unit
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(c) managerial employees - the union might not be assured of their loyalty
to the union in view of evident conflict of interest.
16. What are the ways to determine the Sole and Exclusive
Bargaining Agent (SEBA)?
The following are the ways to determine the Sole and Exclusive Bargaining
Agent:
(a) Request for certification as sole and exclusive bargaining agent (SEBA);
(b) Consent election;
(c) Certification election;
(d) Run-off election; and
(e) Re-run election
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contending unions is at least fifty percent (50%) of the number of votes
cast.
Answer:
YES. Sec. 20, Rule 9, Book V provides that where the votes cast results in
"no union" obtaining the majority, the med arbiter shall declare such fact
in the order. Hence, the employees may choose not to be represented by
anyone (Reyes-Trajano v. Trajano, G.R. No 84433, June 2, 1992).
1. The petitioning union or federation is not listed in the DOLE’s registry of legitimate labor unions or
that its registration certificate legal personality has been revoked or cancelled with finality
2. Failure of a local chapter or national union/federation to submit a duly issued charter certificate upon
filing of the petition
3. The petition was filed before or after the FREEDOM PERIOD of a duly registered CBA; provided that
the 60-day period based on the original CBA shall not be affected by any amendment, extension or
renewal of the CBA; (contract bar rule)
4. The petition was filed within 1 year from entry of voluntary recognition or within the same period
from a valid certification, consent or run-off election and no appeal on the results of the certification,
consent or run-off election is pending; (12-month bar; certification year bar rule)
5. A duly certified union has commenced and sustained negotiations with the Er in accordance with Art.
250 of the LC within the 1-year period. (negotiation bar rule)
6. There exists a bargaining deadlock which had been submitted to conciliation or arbitration or had
become the subject of a valid notice of strike or lockout to which an incumbent or certified bargaining
agent is a party. (deadlock bar rule)
7. In case of an organized establishment, failure to submit the 25% support req’t for the filing of the PCE.
8. Non-appearance of the petitioner for 2 consecutive scheduled conferences before the med-arbiter
despite due notice, and
9. Absence of Er-Ee relationship between all the members of the petitioning union and the owner of the
establishment where the proposed bargaining unit is sought to be represented. (Sec.14[a], Rule VIII,
Book V, IRR, as amended by D.O. 40-F-03)
The following are the grounds for denying certification election: (Azucena)
1. non-appearance of the petitioner for 2 consecutive scheduled conferences
before the mediator-arbiter despite notice (Non-Appearance);
2. the petitioning union/national union or federation is not listed/registered in the
Department's registry of labor unions or that its registration has been cancelled
with finality(Unregistered union);
3. failure of a local/chapter or national union/federation to submit a duly issued
charter certificated upon filing of the petition for certification election (no
charter);
4. absence of employer-employee relationship between all the members of the
petitioning union and the establishment where the proposed bargaining unit is
sought to be represented (absence of employer-employee relationship);
5. filing of a petition within one year from the date of recording of the voluntary
recognition (the 12 month bar);
6. there exist a bargaining deadlock which has been submitted to conciliation or
arbitration or has become the subjects of a valid notice of strike or lockout
where an incumbent or certified bargaining agent is a party;
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7. filing the petition before or after the freedom period of a duly registered
collective bargaining agreement, provided that the 60-day period based on the
original CBA shall not be affected by any amendment, extension or renewal of the
CBA (existing CBA);
8. in an organized establishment, the failure to submit the 25% signature
requirement to support the filing of the petition for certication election(lack of
support)
26.
27. Distinguish Certification election from Collective
Bargaining?
The rationale for the conduct of certification elections is to provide democratic space to
everyone in the bargaining unit, and to ensure that the union has the support of the
majority.
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29. What is the so-called double majority rule,
Second majority rule: The union receiving the majority of the valid votes shall be certified as
the exclusive bargaining agent.
The majority rule determines the validity of the election, which is based on the number of valid
votes cast in relation to the total number of eligible voters. If the number of votes cast is (50% +
1) of the total number of eligible voters, the election is valid and therefore it bars another
certification election.
“No-union” shall not be a choice in a run-off election because it is only conducted between
the labor unions receiving the two (2) highest number of votes.
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join, assist or form their separate union but bars them from membership
in a labor organization of the rank-and-file employees. Even Section 2(c),
Rule V, Book V of the Implementing Rules and Regulations of the Labor
Code, which seeks to implement the policy, also recognizes exceptions.
The usual exception, of course, is where the employer unit has to give
way to the other units like the craft unit, plant unit, or a subdivision
thereof, the recognition of these exceptions takes into account the policy
to assure employees of the fullest freedom in exercising their rights.
Otherwise stated, the one company-one union policy must yield to the
right of the employees to form unions or associations for purposes not
contrary to law, to self-organization and to enter into collective bargaining
negotiations, among others, which the Constitution guarantees.
(Knitjoy Manufacturing, Inc. vs. Ferrer-Calleja)
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unionism” (BPI vs. BPI Employees Union Davao Chapter, G.R. No. 164301,
10 August 2010).
b) Union Shop. Workers under this agreement are not required to be union
members when hired; but to maitain continued employment, they must
continue to pay union dues and must become union members also after
sometime (ibid.). Simply stated, this clause requires that new employees
must join the collective bargaining agent in the bargaining unit.
c) Maintenance of membership. Under this clause, employees who are
union members as of the effective date of the agreement, or who
thereafter become members, must maintain union membership as a
condition for continued employment until they are promoted or
transferred out of the bargaining unit or the agreement is terminated
(Ibid.).
d) Agency Shop. Employees who do not join the union must pay agency
fees as a condition of employment to help defray the union expenses as a
bargaining agent for the group or all employees. This is otherwise known
as the anti-free rider or anti-hitchhiker clause in the CBA (Art. 259, infra).
e) Preferential hiring agreement. An agreement between the employer and
the union whereby the former is obliged to give preference to the
members of the latter who are qualified is preferential hiring agreement.
However, absent such qualified union members will give the employer the
right to choose those from outside of the contracting union.
f) Hiring agreement. An agreement whereby the epmloyer is obliged to
hire only those union members without further agreement of requiring
union members to maintain their membership as a condition sine qua non
for employment.
g) Modified union shop. It is a contract which requires all new employees
to become union members for sometimes after employment but does not
require the present employees to join the union. Those who have become
union members shall maintain their membership as a condition of
continues employment. It must be noted that under existing
jurisprudence, modified union shop cannot bind the minority union and the
so-called “conscientious objectors” (Gonzales vs. Central Azucarera de
Tarlac Labor Union, G.R. No. L-38178, 3 October 1985).
h) Closed-shop with a closed union. It is a form of closed-shop where
union membership is limited and entry of new members is unlimited.
i) Closed-shop with an open union. It is a form of closed-shop where union
membership is open and entry of new members is unlimited.
j) Percentage union shop. It is a contract between the union and the
employer whereby the latter agrees that a certain percentage of his
employees shall become union members in good standing.
k) Union recognition clause or exclusive bargaining rights. Under this
category, the employer recognizes the majority union as the exclusive
bargaining agent in the premises for all employees – members and non-
union members, in the appropriate bargaining unit. This is also known as
the exclusive rights rule or doctrine of union monopoly.
l) Check-off agreement. The check-off provision strengthens any form of
union security. It allows the employer to withhold/deduct union dues from
a member’s pay and transmit the money directly to the union for its
continuous existence.
37.
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38. A Union Security clause was designed to guarantee the
continued existence of the union through enforced
membership for the benefit of the workers. What are the
exceptions of the enforced membership under the Union
Security clause?
The exceptions of the enforced membership under the Union Security
Clause are those employees who are already members of another union at
the time of the signing of the collective bargaining agreement. (Art. 259e)
39. What is the effect of USC on the freedom or the right not
to join or exercise the right of self-organization?
Union security clause is a valid restriction of the freedom or right not to
join any labor organization because it is in favor of unionism. A union
security clause in a CBA is not a restriction of the right of freedom of
association guaranteed by the Constitution. (BPI vs BPI Employees Union,
G.R. No. 164301, August 10, 2010)
40. The rule is when there is USC, the right not join a union
cannot be invoked, what is the exception?
When there is USC, the right not to join a union cannot be invoked except
by those persons whose religion forbids membership to join labor union
(e.g. Iglesia ni Cristo). They could not be compelled to join.
Art. 255. Managerial employees are not eligible to join, assist or form any
labor organization. Supervisory employees shall not be eligible for
membership in a labor organization of rank-and-file employees.
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