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Labor C Ode (PD 442) RA 9481 (2/19/2007) : (Act Strengthening Workers Consti Right To Self-Org)

This document summarizes Philippine labor law as it relates to unions and collective bargaining. It outlines the sources of the right to self-organization, who can and cannot form unions, and how bargaining units are determined. It also discusses the processes of voluntary recognition and certification elections for determining bargaining representatives. The document then covers certification bars, collective bargaining procedures and requirements, mandatory provisions of collective bargaining agreements, and grounds for canceling a union's registration.

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MichelleneChenTadle
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53 views

Labor C Ode (PD 442) RA 9481 (2/19/2007) : (Act Strengthening Workers Consti Right To Self-Org)

This document summarizes Philippine labor law as it relates to unions and collective bargaining. It outlines the sources of the right to self-organization, who can and cannot form unions, and how bargaining units are determined. It also discusses the processes of voluntary recognition and certification elections for determining bargaining representatives. The document then covers certification bars, collective bargaining procedures and requirements, mandatory provisions of collective bargaining agreements, and grounds for canceling a union's registration.

Uploaded by

MichelleneChenTadle
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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LABOR C ODE (PD 442) RA 9481 (2/19/2007)

MaY 1, 1974 (Act Strengthening workers consti right to self-org)


(Encourages affiliation to a federation /national
union)
-made chartering a more convenient means of
collective bargaining with the employer
Charter shall acquire legal personality only for
purpose of collective bargaining [CHARTER’s
CERTIFICATE]

1. SOURCES of RIGHT TO SELF-ORGANIZATION


a. Labor Code – Art. 246- Non--abridgment of Right to Organization
b. Constitution- Article III, Sec. 8- Non-abridgment of Right to Organization
- Article XIII, Sec. 3- Full Protection to labor, local and overseas

2. WHO MAY UNIONIZE FOR PURPOSES OF COLLECTIVE BARGAINING (CB)?

- all ees enjoy right to self-organization and to form and join labor org. for purposes of CB

3. WHO CANNOT FORM, JOIN OR ASSIST LABOR ORGANIZATION

a. Managerial Ees- - Labor Code- Art. 245 [conflict of interest]


b. Supervisory Ees- Of their own
c. Gov’t Ees- Labor Code- Art. 276 & EO 180
d. Cooperative Ees-
e. Confidential Ees

4. BARGAINING UNIT
A. Appropriate Bargaining Unit- Group of ees of a given employer, composed of all or less than
the entire body of ees, which the collective interests of all the ees….
-TEST TO DETERMINE THE CONSTITUENCY OF AN APPROPRIATE BARGAINING UNIT
(test of grouping is community or mutuality of interest- San Miguel Corp. vs. Laguesma (1994)
1. Will of Ees {Globe Doctrine]
2. Affinity and Unity of ees interest such as substantial similarity of work and duties or
similarity of compensation and working conditions
3. Prior Collective Bargaining History
4. Employment status like temporary, seasonal or probationary

1. Voluntary Recognition- process were LL union is recognized by the employer


-allowed if unionized for the 1St time and only ONE LLO
-GOOD it expedites bargaining process
-BAD it could be company favored
2. Certification Election- Official and democratic basis
-Consent Election- process of determining through secret ballot the sole and exclusive
bargaining representative of the employees in an appropriate bargaining unit

ORGANIZED ESTABLISHMENT UNORGANIZED ESTABLISHMENT


Article 256 Article 257

(Who can file?) -Employer cannot file -Employer can file if there is a request by the
employees to bargain

(Period to file?) - If with CBA, within 60 day freedom -Anytime by verified petition by legitimate
period questioning the majority status labor organization
(supported by 25% of all the
employees.)
-if no CBA, anytime (but One election per year rule)
Certification Bars Concurring Conditions Rule
One-Year Bar Rule -No CBA -No CE may be held w/n 1 yr
-an actual certification Election from the date of issuance of final
was held CE result

Deadlock Bar Rule -pending bargaining deadlock -No CE until resolution of the
submitted to bargaining deadlock
conciliation/arbitration
-bargaining deadlock subject to
notice of strike/lockout
Contract Bar Rul - valid CBA was executed and -petition for CE questioning
(Art.232) registered majority status of incumbent
bargaining agent may NOT be
filed EXCEPT 60 days prior prior
to the 5th term of CBA

PROTEST
1. Qualification of Voters and Challenging a Vote
-dismissed employees
-probationary employees

2. Run-Off Election vs. Re-run Election


RUN-OFF ELECT RE-RUN ELECTION
No. of Choices in the ballot Three or more choices 2 or more plus No Union
choice
Majority votes cast None receive majority of None receive majority of
valid votes cast valid votes cast
Number of votes cast Total number of votes for No Union choice receives
all contending unions is at same number of votes
least 50% of votes cast
Choices in the ballot Unions receiving 2 highest Same selection in the
votes original ballot
Conduct of re-election No run-off of a run off Re-run of a run-off possible

COLLECTIVE BARGAINING- -Article 252- Meaning of Duty to Bargain Collectively


- Article 253- Duty to bargain when there is CBA (Kiok Loy vs NLRC, 1986)
(failure of the employer to bargain in GF subjects it to the penalty of adopting
the Union’s draft CBA)
-Stages of Collective Bargaining: Jurisdictional Requirements
1. Organization Representation 1. Possession of majority status (Election)
2. Bargaining Proper 2. Proof of majority representation
3. Contract Signing 3. Demand to bargain (Art. 250, A)

MANDATORY PROVISIONS OF CBA- should be ratified and approve by the majority of all
workers -law between the parties
- Article 253- A Terms of Collective Bargaining Agreement
-Wages, hours of work and other terms and conditions of employment

MANDATORY ACTIVITIES
1. Union Dues
2. Agency Fee
3. Payment of employees during bargaining sessions

CANCELLATION OF REGISTRATION [Art.238] GROUNDS FOR CANCELLATION [Art. 239]


UNFAIR LABOR PRACTICE

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