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III.

RIGHT TO COLLECTIVE BARGAINING

A. DUTY TO BARGAIN COLLECTIVELY


In the absence of CBA The Employer and the representatives of the employees bargain collectively in accordance with the provisions of the Labor Code.

A. DUTY TO BARGAIN COLLECTIVELY


Article 252. Meaning of duty to bargain collectively. Obligation to meet and convene, promptly and expeditiously in good faith for the purpose of negotiating an agreement with respect to wages, hours of work and all other terms and conditions of employment, including proposals for adjusting any grievances or questions arising under such agreement, and executing a contract incorporating such agreements.

A. DUTY TO BARGAIN COLLECTIVELY


Article 252. Meaning of duty to bargain collectively. The duty does not compel any party to agree to a proposal or to make any concession. The CBA remains in full force and effect during the 60 day period and until a new agreement is reached.

A. DUTY TO BARGAIN COLLECTIVELY


Art. 253. When there exists a CBA Neither party shall terminate nor modify such agreement during its lifetime. But 60 days before the CBA expires, either party may notify the other in writing that it wants to terminate or modify the agreement.

A. DUTY TO BARGAIN COLLECTIVELY


Art. 253-A. Terms of a collective bargaining agreement. 5 years. 60 days before expiration - petition questioning the majority status of the incumbent bargaining agent and no certification election conducted by the Department of Labor and Employment 3 years after its execution - All other provisions of the Collective Bargaining Agreement shall be renegotiated not later than three Any agreement 6 months from the date of expiration shall retroact to the day immediately following such date. any agreement entered into beyond six months - the parties shall agree on the duration of retroactivity thereof.

A. DUTY TO BARGAIN COLLECTIVELY


Art. 254. Injunction prohibited. No temporary or permanent injunction or restraining order in any case involving or growing out of labor disputes shall be issued by any court or other entity, except as otherwise provided in Articles 218 and 264 of the Labor Code. (As amended by Batas Pambansa Bilang 227, June 1, 1982).

A. DUTY TO BARGAIN COLLECTIVELY


Art. 231. Registry of unions and file of collective bargaining agreements. The Bureau shall keep a registry of legitimate labor organizations and maintain a file of all CBAs and related documents. The file shall be open and accessible to interested parties provided that no specific information submitted in confidence shall be disclosed unless authorized by the Secretary, or when it is at issue in any judicial litigation, or when public interest or national security so requires. Within thirty (30) days from the execution of a CBA - the parties shall submit copies of the same directly to the Bureau or the Regional Offices of the DOLE for registration, accompanied with verified proofs of its posting in two conspicuous places in the place of work and ratification by the majority of all the workers in the bargaining unit. The Bureau or Regional Offices shall act upon the application for registration of such Collective Bargaining Agreement within five (5) calendar days from receipt thereof. The Regional Offices shall furnish the Bureau with a copy of the Collective Bargaining Agreement within five (5) days from its submission.

A. DUTY TO BARGAIN COLLECTIVELY


Art. 231. Registry of unions and file of collective bargaining agreements. registration fee - of not less than P1,000.00 or in any other amount as may be deemed appropriate and necessary by the Secretary of Labor and Employment for the effective and efficient administration of the Voluntary Arbitration Program. Any amount collected under this provision shall accrue to the Special Voluntary Arbitration Fund.

Art. 250. Procedure in collective bargaining.


(a) When a party desires to negotiate an agreement, it shall serve a written notice upon the other party with a statement of its proposals. The other party shall make a reply thereto not later than ten (10) calendar days from receipt of such notice; (b) Should differences arise on the basis of such notice and reply, either party may request for a conference which shall begin not later than ten (10) calendar days from the date of request. (c) If the dispute is not settled, the Board shall intervene upon request of either or both parties or at its own initiative and immediately call the parties to conciliation meetings. The Board shall have the power to issue subpoenas requiring the attendance of the parties to such meetings. It shall be the duty of the parties to participate fully and promptly in the conciliation meetings the Board may call; (d) During the conciliation proceedings in the Board, the parties are prohibited from doing any act which may disrupt or impede the early settlement of the disputes; and (e) The Board shall exert all efforts to settle disputes amicably and encourage the parties to submit their case to a voluntary arbitrator. (As amended by Section 20, Republic Act No. 6715, March 21, 1989).

Collective Bargaining Agreement


a contract executed upon request of either the employer or the exclusive bargaining representative of the employees incorporating the agreement reached after negotiations with respect to wages, hours of work and all other terms and conditions of employment, including proposals for adjusting any grievance or questions under the agreement

Parties to Collective Bargaining


Employees, represented by the exclusive bargaining agent

Jurisdictional Requirements
1. Status of majority representation of the employees representative. 2. Proof of majority representation 3. Demand to bargain under art. 250 (a)

The duty of the employer to bargain collectively arises only after the union requests the employer to bargain. If there is no demand, the employer cannot be in default. When there is a legitimate representation issue, there is no duty to bargain collectively on the part of the employer [Lakas ng Manggagawang Makabayan v. Marcelo Enterprises, 118 SCRA 425 (1982)]

Commencement of Bargaining
During Certification Year within 12 months after the determination and certification of the employees exclusive bargaining representative

Bargaining Procedure
The parties may agree on the bargaining procedure. If there is a procedure agreed upon, the Labor Code Procedure applies suppletorily.

1. Failure or refusal to meet and convene 2. Evading the mandatory subjects of bargaining 3. Bad faith in bargaining 4. Gross violation of the CBA

4 Forms of 7th ULP - Violation of the Duty to Bargain Collectively

Evading the Mandatory Subjects


Mandatory Subjects 1. Wages 2. Hours of Work 3. Other Terms and Conditions of Employment Where the subject of the dispute is a mandatory bargaining subject, either party may bargain to an impasse as long as he bargains in good faith. Where the subject is non-mandatory, a party may not insist on bargaining to the point of impasse. His insistence may be construed as evasion of the duty to bargain.

Bargaining in Bad Faith


There is no per test of good faith in bargaining. The good faith or bad faith is an inference to be drawn from the facts and is largely a matter for the NLRBs expertise. The charge of bad faith should be raised while the bargaining is in progress.

Registration of Collective Bargaining Agreements


Where to file With the Regional Office which issued the certificate of registration/certificate of creation of chartered local. If the certificate of creation of the chartered local was issued by the bureau, the agreement shall be filed with the Regional Office which has jurisdiction over the place where it principally operates Multi-employer collective bargaining agreements shall be filed with the Bureau.

Registration of Collective Bargaining Agreements


When to file within 30 days from execution of the CBA.

Registration of Collective Bargaining Agreements


Requirements for registration The application for CBA registration shall be accompanied by the original and 2 duplicate copies of the following documents. 1. CBA 2. A statement that the CBA was posted in at least 2 conspicuous places in the establishment concerned for at least 5 days before its ratification. 3. Statement that the CBA was ratified by the majority of the employees in the bargaining unit. The following documents must be certified under oath by the representative of the employer and the labor union. No other document shall be required in the registration of the CBA.

Registration of Collective Bargaining Agreements


Procedure 1. The Regional Office or the Bureau shall act on the applications within 5 days form receipt of the application. 2. The Regional Office or Bureau may within 5 days from receipt of the application, a. approve the application and issue the certificate of registration or b. deny the application for failure to comply with the requirements. c. If the supporting documents are not complete, or are not verified under oath, the Regional Office or the Bureau shall notify the applicants in writing of the requirements needed to complete the registration. o If the applicant fails to complete the requirements within 10 days from receipt of notice, application is denied without prejudice. o The denial shall be in writing, stating in clear terms the reason therefore and served upon the applicant union and employer within 24 hours from issuance.

Registration of Collective Bargaining Agreements


Procedure The denial by the Regional Office of the registration of single enterprise collective bargaining agreements may be appealed to the Bureau while the denial by the Bureau of the registration of multi-employer collective bargaining agreements may be appealed to the Office of the Secretary, both within 10 days from receipt of the notice of denial. 4. The memorandum of appeal is filed with the Regional Office or the Bureau, as the case may be. 5. The memorandum of appeal and the entire records of the application shall be transmitted to the Bureau or the Office of the Secretary within 24 hours from receipt of the memorandum of appeal. 6. Bureau or the Office of the Secretary shall resolve within the same period and in the same manner as that prescribed for inter/intra-union disputes.

Duration of CBA
Representation Aspect: 5 years Refers to the identity and majority status of the union that negotiated the CBA as the exclusive bargaining representative. 2. All other provisions should be renegotiated not later than 3 years from effectivity. Refers to the rest of CBA, economic as well as non-economic other than representational. Hold Over Principle The CBA shall be in full force and effect until the parties reach a new agreement.

Rules on Effectivity and Retroactivity of New CBA (Apply Only to Provisions Other than Representational) CBA as a Result of Negotiations
A. With Previous CBA 1. Effectivity of new CBA entered into within 6 months after the expiration of the old CBA: retroact to the date following the expiry date. 2. Effectivity of new CBA entered into after 6 months following the expiration of the old CBA: GR: effective on the date agreed upon by the parties. If there is no agreement, the arbitral award will retroact to the day after the end of the 6-month period after the expiry of the old CBA.

Rules on Effectivity and Retroactivity of New CBA (Apply Only to Provisions Other than CBA as a Result of Negotiations Representational) B. New and First-Ever CBA (No previous CBA)
effective on date agreed upon by the parties II. Arbitral Awards A. With Previous CBA 1. Arbitral award final within 6 months from old CBA: retroact to the date following the expiry of the old CBA. 2. Arbitral award final after 6 months following the expiration of the old CBA: General Rule: the agreement between the parties. If there is no agreement, retroact to the 1st day following the 6-month period B. New and First-Ever CBA (No previous CBA) Labor Secretarys discretion will be followed.

B. BARGAINING AGENT & CERTIFICATION ELECTION PROCEEDINGS Art. 255. Exclusive bargaining representation and workers participation in policy
and decisionmaking. The labor organization designated or selected by the majority of the employees in an appropriate collective bargaining unit shall be the exclusive representative of the employees in such unit for the purpose of collective bargaining. However, an individual employee or group of employees shall have the right at any time to present grievances to their employer. Any provision of law to the contrary notwithstanding, workers shall have the right, subject to such rules and regulations as the Secretary of Labor and Employment may promulgate, to participate in policy and decision-making processes of the establishment where they are employed insofar as said processes will directly affect their rights, benefits and welfare. For this purpose, workers and employers may form labor-management councils: Provided, That the representatives of the workers in such labor-management councils shall be elected by at least the majority of all employees in said establishment. (As amended by Section 22, Republic Act No. 6715, March 21, 1989).

B. BARGAINING AGENT & CERTIFICATION ELECTION PROCEEDINGS


Art. 256. Representation issue in organized establishments. Article 256. Representation Issue in Organized Establishments. - In organized establishments, when a verified petition questioning the majority status of the incumbent bargaining agent is filed by any legitimate labor organization including a national union or federation which has already issued a charter certificate to its local chapter participating in the certification election or a local chapter which has been issued a charter certificate by the national union or federation before the Department of Labor and Employment within the sixty (60)-day period before the expiration of the collective bargaining agreement, the Med-Arbiter shall automatically order an election by secret ballot when the verified petition is supported by the written consent of at least twenty-five percent (25%) of all the employees in the bargaining unit to ascertain the will of the employees in the appropriate bargaining unit. To have a valid election, at least a majority of all eligible voters in the unit must have cast their votes. The labor union receiving the majority of the valid votes cast shall be certified as the exclusive bargaining agent of all the workers in the unit. When an election which provides for three or more choices results in no choice receiving a majority of the valid votes cast, a run-off election shall be conducted between the labor unions receiving the two highest number of votes: Provided, That the total number of votes for all contending unions is at least fifty percent (50%) of the number of votes cast. In cases where the petition was filed by a national union or federation, it shall not be required to disclose the names of the local chapters officers and members. At the expiration of the freedom period, the employer shall continue to recognize the majority status of the incumbent bargaining agent where no petition for certification election is filed. (As amended by Section 23, Republic Act No. 6715, March 21, 1989 and Section 10, Republic Act No. 9481 which lapsed into law on May 25, 2007 and became effective on June 14, 2007).

B. BARGAINING AGENT & CERTIFICATION ELECTION PROCEEDINGS


Art. 257. Petitions in unorganized establishments. Article 257. Petitions in Unorganized Establishments. - In any establishment where there is no certified bargaining agent, a certification election shall automatically be conducted by the MedArbiter upon the filing of a petition by any legitimate labor organization, including a national union or federation which has already issued a charter certificate to its 1ocal/chapter participating in the certification election or a local/chapter which has been issued a charter certificate by the national union or federation. In cases where the petition was filed by a national union or federation, it shall not be required to disclose the names of the local chapters officers and members. (As amended by Section 24, Republic Act No. 6715, March 21, 1989 and Section 11, Republic Act No. 9481 which lapsed into law on May 25, 2007 and became effective on June 14, 2007).

B. BARGAINING AGENT & CERTIFICATION ELECTION PROCEEDINGS


Art. 258. When an employer may file petition. Article 258. When an employer may file petition. When requested to bargain collectively, an employer may petition the Bureau for an election. If there is no existing certified collective bargaining agreement in the unit, the Bureau shall, after hearing, order a certification election. All certification cases shall be decided within twenty (20) working days. The Bureau shall conduct a certification election within twenty (20) days in accordance with the rules and regulations prescribed by the Secretary of Labor.

B. BARGAINING AGENT & CERTIFICATION ELECTION PROCEEDINGS


Art. 259. Appeal from certification election orders. Article 259. Appeal from certification election orders. Any party to an election may appeal the order or results of the election as determined by the MedArbiter directly to the Secretary of Labor and Employment on the ground that the rules and regulations or parts thereof established by the Secretary of Labor and Employment for the conduct of the election have been violated. Such appeal shall be decided within fifteen (15) calendar days. (As amended by Section 25, Republic Act No. 6715, March 21, 1989).

Bargaining Unit
a group of employees sharing mutual interests within a given employer unit, comprised of all or less than all of the entire body of employees in the employer unit or any specific occupational or geographical grouping within such employer unit

Certification Election/Consent Election


The process of determining through secret ballot the sole and exclusive representative of the employees in an appropriate unit for purposes of collective bargaining or negotiation. A certification election is ordered by the Department, while a consent election is voluntarily agreed upon by the parties, with or without the intervention by the Department.

Organized Establishment
an enterprise where there exists a recognized or certified sole and exclusive bargaining agent

Run-off Election
an election between the labor unions receiving the 2 highest number of votes in a certification or consent election with 3 or more choices, where such a certified or consent results in none of the 3 or more choices receiving the majority of the valid votes cast; provided that the total number of votes for all contending unions is at least 50% of the number if votes cast

Voluntary Recognition
process by which a legitimate labor union is recognized by the employer as the exclusive bargaining representative or agent in a bargaining unit, reported with the Regional Office in accordance with Rule VII, section 2 of these Rules.

3 Methods to Determine the Bargaining Union


1. Voluntary Recognition 2. Certification Election 3. Consent Election

Voluntary Recognition
When to file In unorganized establishments with only one legitimate labor organization, the employer may voluntarily recognize the representation status of the union. Within 30 days from such recognition, the employer and union shall submit a notice of voluntary recognition.

Voluntary Recognition
Where to file Regional Office which issued the recognized labor unions certificate of registration or certificate of creation of a chartered local.

Voluntary Recognition
Requirements: The notice of voluntary recognition shall be accompanied by the original copy and 2 duplicate copies of the following documents: 1. A joint statement under oath of voluntary recognition attesting to the fact of voluntary recognition. 2. Certificate of posting of the joint statement of voluntary recognition for 15 consecutive days in at least 2 conspicuous places in the establishment or bargaining unit where the union seeks to operate. 3. Approximate number of employees in the bargaining unit, accompanied by the names of those who support the voluntary recognition comprising at least a majority of the members of the bargaining unit. 4. A statement that the labor union is the only legitimate labor organization operating within the bargaining unit. These documents shall be certified under oath by the employers representative and president of he recognized labor union.

Voluntary Recognition
Procedure: 1. If notice of voluntary recognition is sufficient in form, number and substance, and there is no other registered labor union operating within the bargaining unit, the Regional Office shall record the fact of voluntary recognition within 10 days from receipt of notice. 2. Where notice of voluntary recognition is insufficient, the Regional Office shall notify the labor union of its findings and advise it to comply with the necessary requirements. If the employer or union failed to complete the requirements for voluntary recognition within 30 days from receipt of advisory, the Regional Office shall return.

Voluntary Recognition
Effects of recording of fact Recognition 1. The recognized labor union shall enjoy the rights, privileges and obligations of an existing bargaining agent of all the employees in the bargaining unit. 2. A petition for certification election cannot be filed for 1 year from the date of entry of the voluntary recognition.

Certification Election
Who may file 1. any legitimate labor organization 2. employer, when requested to bargain collectively Where to file Regional Office which issued the certificate of registration/certificate of creation.

Certification Election
When to file Anytime, except: 1. When voluntary recognition has been entered, or a valid certification, consent or run-off election has been conducted within 1 year prior to the filing. 2. negotiations in good faith with the employer 3. bargaining deadlock had been submitted to conciliation or arbitration or had become the subject of a valid notice of strike or lockout. 4. Registered CBA may file only within 60 days prior to the expiration of the CBA.

Grounds for Denying Petition


1. the petitioner is not listed in the Departments registry of legitimate labor unions or that its legal personality has been revoked or cancelled with finality in accordance with Rule XIV of these Rules; 2. the petition was filed before or after the freedom period of a duly registered collective bargaining agreement; provided that the sixty-day period based on the original collective bargaining agreement shall not be affected by any amendment, extension or renewal of the collective bargaining agreement; (Contract Bar) 3. the petition was filed within 1 year from entry of voluntary recognition or 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)

Grounds for Denying Petition


4. a duly certified union has commenced and sustained negotiations with the employer in accordance with Article 250 of the Labor Code within the one-year period referred to in Section 14.c of this Rule, or 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; (Negotiation Bar) 5. in case of an organized establishment, failure to submit the 25% support requirement for the filing of the petition for certification election.

Procedure: Petition for Certification Election (ANNEX H)

Procedure: Conduct of Certification Election (ANNEX I)

Preliminary Conference
The Med-Arbiter shall conduct a preliminary conference and hearing within 10 days from the receipt of the petition to determine the following: a. the bargaining unit to be represented; b. contending labor unions; c. possibility of consent elections; d. existence of any of the bars to certification election; and e. such other matters as may be relevant for the final disposition of the case In case the contending unions agree to a consent election, the Med-Arbiter shall not issue a formal order calling for the conduct of certification election, but shall enter the fact of the agreement in the minutes of the hearing.

Order/Decision on the Petition


within 10 days from the date of the last hearing, the MedArbiter shall issue a formal order granting or denying the petition. In organized establishments, no order or decision shall be issued during the freedom period.

Order/Decision on the Petition


The order granting the petition shall state the following: a. Name of the employer or establishment b. Description of the bargaining unit c. Statement that none of the grounds for dismissal exists d. Names of contending labor unions e. Directive upon the employer and the contending union(s) to submit within 10 days from receipt of the order, the certified list of employees in the bargaining unit.

Prohibited Grounds for Denial of Petition (must be heard and resolved by the Regional Director in an independent petition for cancellation of registration:

1. validity of petitioning unions certificate of registration 2. legal personality as a labor organization 3. validity of registration 4. execution of CBAs

Appeal
a. order granting conduct of certification election in unorganized establishments NOT appealable b. all others appealed to the DOLE Sec. within 10 days from receipt thereof.

Pre-election Conference
Within twenty-four (24) hours from receipt of the assignment for the conduct of a certification election, the Election Officer shall cause the issuance of notice of pre-election conference upon the contending unions and the employer. Must be scheduled within 10 days from receipt of the assignment. Must be completed within 30 days from the last hearing.

Purpose of Pre-election Conference


The pre-election conference shall set the mechanics for the election and determine the following: 1. date, time and place of the election, not be later than forty-five (45) days from the date of the first pre-election conference on a regular working day within the employers premises, unless circumstances require otherwise 2. list of eligible and challenged voters 3. number and location of polling places or booths and the number of ballots to be prepared with appropriate translations, if necessary 4. name of watchers or representatives and their alternates for each of the parties during election 5. mechanics and guidelines of the election

Consent Election
In case the contending unions agree to a consent election, the Med-Arbiter shall not issue a formal order calling for the conduct of certification election, but shall enter the fact of the agreement in the minutes of the hearing. The minutes of the hearing shall be signed by the parties and attested to by the Med-Arbiter. The Med-Arbiter shall, immediately thereafter, forward the records of the petition to the Regional Director or his/her authorized representative for the determination of the Election Officer by the contending unions through raffle. The first pre-election conference shall be scheduled within ten (10) days from the date of entry of agreement to conduct consent election. (See Annex H)

considered as a waiver to be present and to question or object to any of the agreements reached in said pre-election conference However, the non-appearing party or the employer still has the right to be furnished notices of subsequent pre-election conferences and to attend the same

Effect of failure to appear during the pre-election conference

Qualification of Voters
All employees who are members of the appropriate bargaining unit at the time of the issuance of the order granting the conduct of a certification election shall be eligible to vote. An employee who has been dismissed from work but has contested the legality of the dismissal in a forum of appropriate jurisdiction at the time of the issuance of the order for the conduct of a certification election shall be considered a qualified voter o unless his/her dismissal was declared valid in a final judgment at the time of the conduct of the certification election.

Inclusion-Exclusion of Voters
In case of disagreement over the voters list or over the eligibility of voters, all contested voters shall be allowed to vote. But their votes shall be segregated and sealed in individual envelopes

Posting of Notices of Election


1. at least 10 days before the actual date of the ele 2. in 2 most conspicuous places in the company premisesction

Contents of the Notice


1. the date and time of the election 2. names of all contending unions 3. the description of the bargaining unit and the list of eligible and challenged voters The posting of the notice of election, the information required to be included therein and the duration of posting cannot be waived by the contending unions or the employer.

Challenging of Votes
An authorized representative of any of the contending unions and employer Before it is deposited in the ballot box Grounds: a. that there is no employer-employee relationship between the voter and the company; b. that the voter is not a member of the appropriate bargaining unit which petitioner seeks to represent.

Procedure in Challenging of Votes


1. The Election Officer shall place the ballot in an envelope. sealed in the presence of the voter and the representatives of the contending unions and employer. indicate on the envelope the voters name, the union or employer challenging the voter, and the ground for the challenge. envelope shall be signed by the Election Officer and the representatives of the contending unions and employer. 2. The Election Officer shall note all challenges in the minutes of the election and shall be responsible for consolidating all envelopes containing the challenged votes. 3. The envelopes shall be opened and the question of eligibility shall be passed upon only if the number of segregated voters will materially alter the results of the election.

Protest
Any party-in-interest may file a protest based on the conduct or mechanics of the election. Protests shall be recorded in the minutes of the election proceedings. Protests not so raised are deemed waived. The protesting party must formalize its protest with the Med-Arbiter, with specific grounds, arguments and evidence, within five (5) days after the close of the election proceedings. If not recorded in the minutes and formalized within the prescribed period, the protest shall be deemed dropped.

Canvassing of Votes
Counted and tabulated by the Election Officer in the presence of the representatives of the contending unions. Each representative entitled to a copy of the minutes of the election proceedings and results of the election. The ballots and the tally sheets shall be i. sealed in an envelope ii. signed by the Election Officer and the representatives of the contending unions iii. transmitted to the Med-Arbiter, together with the minutes and results of the election, within 24 hours from the completion of the canvass Where the election is conducted in more than one region, consolidation of results shall be made within 15 days from the conduct thereof.

Conduct of Election and Canvass of Votes


The election precincts shall open and close on the date and time agreed upon during the preelection conference. The opening and canvass shall proceed immediately after the precincts have closed. Failure of any party or the employer or his/her/their representative to appear during the election proceedings shall be considered a waiver to be present and to question the conduct thereof.

Certification of Exclusive Bargaining Agent


The union which obtained a majority of the valid votes cast shall be certified as the sole and exclusive bargaining agent of all the employees in the appropriate bargaining unit within 5 days from the day of the election, provided no protest is recorded in the minutes of the election.

Failure of Election
Where the number of votes cast in a certification or consent election is less than the majority of the number of eligible voters and there are no material challenged votes. A failure of election shall not bar the filing of a motion for the immediate holding of another certification or consent election within 6 months from date of declaration of failure of election.

Action on the motion for the immediate holding of another certification or consent election
Within 24 hours from receipt of the motion, the Election Officer shall immediately schedule the conduct of another certification or consent election within 15 days from receipt of the motion and cause the posting of the notice of certification election at least 10 days prior to the scheduled date of election in 2 most conspicuous places in the establishment. The same guidelines and list of voters shall be used in the election.

Proclamation and Certification of the Result of the Election


Within twenty-four (24) hours from final canvass of votes. There being a valid election. the Election Officer shall transmit the records of the case to the Med-Arbiter Med-arbiter shall issue an order proclaiming the results of the election and certifying the union which obtained a majority of the valid votes cast as the sole and exclusive bargaining agent in the subject bargaining unit, under any of the following conditions: a. no protest was filed or, even if one was filed, the same was not perfected within the fiveday period for perfection of the protest; b. no challenge or eligibility issue was raised or, even if one was raised, the resolution of the same will not materially change the results of the elections. The winning union shall have the rights, privileges and obligations of a duly certified collective bargaining agent from the time the certification is issued.

Run-off Election
When an election which provides for 3 or more choices results in none of the choices (unions or no union choice) receiving a majority of the valid votes cast, the Election Officer shall motu propio conduct a run-off election within 10 days from the close of the election proceedings between the labor unions receiving the two highest number of votes. Provided, that the total number of votes for all contending unions is at least 50% of the number of votes cast. And there are no objections or challenges which if sustained can materially alter the results, No Union shall not be a choice in the run-off election. Notice of run-off elections shall be posted by the Election Officer at least five (5) days before the actual date of run-off election.

C. BARS TO CERTIFICATION ELECTION


Art. 232. Prohibition on certification election The Bureau shall not entertain any petition for certification election or any other action which may disturb the administration of duly registered existing collective bargaining agreements affecting the parties except under Articles 253, 253-A and 256 of this Code. (As amended by Section 15, Republic Act No. 6715, March 21, 1989).

C. BARS TO CERTIFICATION ELECTION


Grounds for denying petition for certification Election 1. Deadlock Bar 2. Contract Bar 3. 12-month bar/certification year bar 4. Negotiation Bar

C. BARS TO CERTIFICATION ELECTION


Contract Bar While a valid and registered CBA is subsisting, the BLR is not allowed to hold an election contesting the majority status of the incumbent union.

C. BARS TO CERTIFICATION ELECTION


When contract bar rule not applied 1. CBA is not registered 2. CBA deregistered 3. CBA is incomplete in itself 4. CBA does not foster industrial peace 5. CBA was concluded in violation of an order enjoining the parties from entering into a CBA until the issue of representation is resolved 6. Petition is filed during the 60-day freedom period

C. BARS TO CERTIFICATION ELECTION


Deadlock Bar A petition for certification election cannot be entertained if, before the filing of the petition for certification election, a bargaining deadlock to which an incumbent or certified bargaining agent is a party, had been submitted to conciliation or arbitration or had become the subject of a valid notice of strike or lockout.

C. BARS TO CERTIFICATION ELECTION


Negotiation Bar A petition for certification election cannot be filed if the duly certified union has commenced and sustained negotiations in good faith with the employer in accordance with Art. 250 of the Labor Code within 1 year prior to the filing of the petition for certification election.

C. BARS TO CERTIFICATION ELECTION


Certification Year Rule Bar No petition for certification election may be filed within one year from the date of a valid certification, consent, or run-off election or from the date of voluntary recognition. Certification year rule will not apply if in fact there was a failure of election because less than majority of the CBU members voted. Another petition for certification election may be filed within 6 months. Certification year rule will apply even if the No union choice won. (Samahang Manggagawa sa Permex v. Secretary of Labor, GR No. 107792, 02 March 1998)

D. ADMINISTRATION IF AGREEMENT; GRIEVANCE AND VOLUNTARY ARBITRATION

Art. 260. Grievance machinery and voluntary arbitration. The parties to a Collective Bargaining Agreement shall include therein provisions that will ensure the mutual observance of its terms and conditions. They shall establish a machinery for the adjustment and resolution of grievances arising from the interpretation or implementation of their Collective Bargaining Agreement and those arising from the interpretation or enforcement of company personnel policies. All grievances submitted to the grievance machinery which are not settled within seven (7) calendar days from the date of its submission shall automatically be referred to voluntary arbitration prescribed in the Collective Bargaining Agreement. For this purpose, parties to a Collective Bargaining Agreement shall name and designate in advance a Voluntary Arbitrator or panel of Voluntary Arbitrators, or include in the agreement a procedure for the selection of such Voluntary Arbitrator or panel of Voluntary Arbitrators, preferably from the listing of qualified Voluntary Arbitrators duly accredited by the Board. In case the parties fail to select a Voluntary Arbitrator or panel of Voluntary Arbitrators, the Board shall designate the Voluntary Arbitrator or panel of Voluntary Arbitrators, as may be necessary, pursuant to the selection procedure agreed upon in the Collective Bargaining Agreement, which shall act with the same force and effect as if the Arbitrator or panel of Arbitrators has been selected by the parties as described above.

D. ADMINISTRATION IF AGREEMENT; GRIEVANCE AND VOLUNTARY ARBITRATION Art. 261. Jurisdiction of Voluntary Arbitrators or panel of Voluntary Arbitrators
The Voluntary Arbitrator or panel of Voluntary Arbitrators shall have original and exclusive jurisdiction to hear and decide all unresolved grievances arising from the interpretation or implementation of the Collective Bargaining Agreement and those arising from the interpretation or enforcement of company personnel policies referred to in the immediately preceding article. Accordingly, violations of a Collective Bargaining Agreement, except those which are gross in character, shall no longer be treated as unfair labor practice and shall be resolved as grievances under the Collective Bargaining Agreement. For purposes of this article, gross violations of Collective Bargaining Agreement shall mean flagrant and/or malicious refusal to comply with the economic provisions of such agreement. The Commission, its Regional Offices and the Regional Directors of the Department of Labor and Employment shall not entertain disputes, grievances or matters under the exclusive and original jurisdiction of the Voluntary Arbitrator or panel of Voluntary Arbitrators and shall immediately dispose and refer the same to the Grievance Machinery or Voluntary Arbitration provided in the Collective Bargaining Agreement.

Art. 262. Jurisdiction over other labor disputes The Voluntary Arbitrator or panel of Voluntary Arbitrators, upon agreement of the parties, shall also hear and decide all other labor disputes including unfair labor practices and bargaining deadlocks.

D. ADMINISTRATION IF AGREEMENT; GRIEVANCE AND VOLUNTARY ARBITRATION

D. ADMINISTRATION IF AGREEMENT; GRIEVANCE AND VOLUNTARY ARBITRATION Art. 277. Miscellaneous provisions.
(f) A special Voluntary Arbitration Fund is hereby established in the Board to subsidize the cost of voluntary arbitration in cases involving the interpretation and implementation of the Collective Bargaining Agreement, including the Arbitrators fees, and for such other related purposes to promote and develop voluntary arbitration. The Board shall administer the Special Voluntary Arbitration Fund in accordance with the guidelines it may adopt upon the recommendation of the Council, which guidelines shall be subject to the approval of the Secretary of Labor and Employment. Continuing funds needed for this purpose in the initial yearly amount of fifteen million pesos (P15,000,000.00) shall be provided in the 1989 annual general appropriations acts. chan robles virtual law library The amount of subsidy in appropriate cases shall be determined by the Board in accordance with established guidelines issued by it upon the recommendation of the Council. The Fund shall also be utilized for the operation of the Council, the training and education of Voluntary Arbitrators, and the Voluntary Arbitration Program. (As amended by Section 33, Republic Act No. 6715, March 21, 1989).

D. ADMINISTRATION IF AGREEMENT; GRIEVANCE AND VOLUNTARY ARBITRATION


Art. 277. Miscellaneous provisions. (g) The Ministry shall help promote and gradually develop, with the agreement of labor organizations and employers, labor-management cooperation programs at appropriate levels of the enterprise based on the shared responsibility and mutual respect in order to ensure industrial peace and improvement in productivity, working conditions and the quality of working life. (h) In establishments where no legitimate labor organization exists, labor-management committees may be formed voluntarily by workers and employers for the purpose of promoting industrial peace. The Department of Labor and Employment shall endeavor to enlighten and educate the workers and employers on their rights and responsibilities through labor education with emphasis on the policy thrusts of this Code.

D. ADMINISTRATION IF AGREEMENT; GRIEVANCE AND VOLUNTARY ARBITRATION


Establishment of Grievance Machinery 1. Agreement by the parties 2. Grievance committee shall be created within 10 days from the signing of the CBA. Grievance committee shall be composed of at least 2 representatives each from the members of the bargaining unit and the employer, unless otherwise agreed upon by the parties. o Representatives of the employers designated by the union.

Disputes under Grievance Machinery 1. interpretation or implementation of the CBA 2. interpretation or enforcement of company personnel policies

D. ADMINISTRATION IF AGREEMENT; GRIEVANCE AND VOLUNTARY ARBITRATION

Procedure in handling grievances (ANNEX J)

D. ADMINISTRATION IF AGREEMENT; GRIEVANCE AND VOLUNTARY ARBITRATION

D. ADMINISTRATION IF AGREEMENT; GRIEVANCE AND VOLUNTARY ARBITRATION Jurisdiction of Voluntary Arbitrators


1. Grievances arising from the implementation or interpretation of CBAs. 2. Arising from interpretation or enforcement of company personnel policies 3. Wage distortion issues arising from the application of any wage orders in organized establishments 4. Arising from interpretation and implementation of the productivity incentive programs under RA 6971 Any other labor disputes upon agreement by the parties. The parties may choose to submit the dispute to voluntary arbitration proceedings before or at stage of the compulsory arbitration proceedings.

D. ADMINISTRATION IF AGREEMENT; GRIEVANCE AND VOLUNTARY ARBITRATION


Powers of the Voluntary Arbitrators 1. hold hearings 2. receive evidence 3. take whatever action is necessary to resolve the dispute. The voluntary arbitrator may conciliate or mediate to aid the parties in reaching a voluntary settlement.

D. ADMINISTRATION IF AGREEMENT; GRIEVANCE AND VOLUNTARY ARBITRATION


Procedure: Voluntary Arbitration All parties to the dispute shall be entitled to attend the arbitration proceedings. The attendance of any third party or the exclusion of any witness from the proceedings shall be determined by the voluntary arbitrator or panel of voluntary arbitrators. Hearing may be adjourned for cause or upon agreement by the parties. It shall be mandatory for the voluntary arbitrator to render an award or decision within 20 calendar days from the date of submission for resolution unless the parties agree otherwise. o Failure on the part of the voluntary arbitrator to render a decision, resolution, order or award within the prescribed period, shall upon complaint of a party, be sufficient ground for the Board to discipline said voluntary arbitrator, pursuant to the guidelines issued by the Secretary. o In cases that the recommended sanction is de-listing, it shall be unlawful for the voluntary arbitrator to refuse or fail to turn over to the board, for its further disposition, the records of the case within 10 calendar days from demand thereof. Decision final and executory after 10 calendar days from receipt of the copy by the parties. No MR allowed.

D. ADMINISTRATION IF AGREEMENT; GRIEVANCE AND VOLUNTARY ARBITRATION


Procedure: Voluntary Arbitration The voluntary arbitrator or labor arbitrator (if there voluntary arbitrator is absence or incapacitated) may issue a writ of execution upon motion of any interested party. Voluntary arbitrator shall turn over the records of the case to the regional branch of the Board within 10 days upon satisfaction of the final award.

E. LABOR MANAGEMENT COOPERATION SCHEMES


Creation of Labor Management and Other Councils The Department shall promote the formation of labor-management councils in organized and unorganized councils

E. LABOR MANAGEMENT COOPERATION SCHEMES


Purpose of the Labor-Management Councils To enable the workers to participate in policy and decision-making processes in the establishment, insofar as said processes will directly affect their rights, benefits and welfare.

E. LABOR MANAGEMENT COOPERATION SCHEMES


Not covered by the Labor-Management Councils 1. Those covered by CBAs 2. Traditional areas of bargaining

E. LABOR MANAGEMENT COOPERATION SCHEMES


Services to be rendered by the Department in line with the said policy 1. Conduct awareness campaigns 2. Assist the parties in setting up labor-management structures, functions and procedures 3. Provide process facilitators upon request of the parties 4. Monitor the activities of labor-management structures as may be necessary and conduct studies on best practices aimed at promoting harmonious labor-management relations.

E. LABOR MANAGEMENT COOPERATION SCHEMES


Selection of employees representatives to the council 1. Organized establishments: Nominated by the exclusive bargaining representatives 2. Where there is no legitimate labor organization: by the employees at large

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