102.May excluded employees be included in the bargaining unit under the new CBA.

In De la Salle University vs. De la Salle University Employees Association, [G. R. No. 109002, April 12, 2000],
it was held that the express exclusion of certain employees from the bargaining unit of rank-and-file employees
in the past CBA does not bar any re-negotiation for the future inclusion of the said employees in the bargaining
unit. During the freedom period, the parties may not only renew the existing CBA but may also propose and
discuss modifications or amendments thereto. More so in this case where, after a careful consideration of the
pleadings filed, the alleged confidential nature of the said employees’ functions (as computer operator and
discipline officers) were proven to be incorrect. As carefully examined by the Solicitor General, the service
record of a computer operator reveals that his duties are basically clerical and non-confidential in nature.  As to
the discipline officers, based on the nature of their duties, they are not confidential employees and should,
therefore, be included in the bargaining unit of rank-and-file employees.
103.May employees of one entity join the union in another entity?
In the same case of De la Salle [supra], the Supreme Court affirmed the findings of the Voluntary Arbitrator that
the employees of the College of St. Benilde should be excluded from the bargaining unit of the rank-and-file
employees of De la Salle University, because the two educational institutions have their own separate juridical
personality and no sufficient evidence was shown to justify the piercing of the veil of corporate fiction.
104.What are the requisites for certification election in organized establishments?
The following are the requisites for certification election in organized establishments.
that a petition questioning the majority status of the incumbent bargaining agent is filed before the DOLE within
the 60-day freedom period;
that such petition is verified; and
that the petition is supported by the written consent of at least twenty-five percent (25%) of all employees in the
bargaining unit.
105.What is the requirement for certification election in unorganized establishments?
In unorganized establishments, certification election shall be "automatically" conducted upon the filing of a
petition for certification election by a legitimate labor organization. However, it must be emphasized that the
petitioner-union should have a valid certificate of registration; otherwise, it has no legal personality to file the
petition for certification election.
106.Who may file petition for certification election?
A petition for certification election may be filed by:
a legitimate labor organization; or
an  employer, but only when requested by a labor organization to bargain collectively and the status of the
union is in doubt. 
ROLE OF EMPLOYER IN CERTIFICATION ELECTION CASES:
A. No. 9481 [June 14, 2007] amended the Labor Code by introducing the following provisions:
Article 258-A. Employer as Bystander. - In all cases, whether the petition for certification election is filed by an
employer or a legitimate labor organization, the employer shall not be considered a party thereto with a
concomitant right to oppose a petition for certification election. The employer’s participation in such
proceedings shall be limited to:
(1) being notified or informed of petitions of such nature; and
(2) submitting the list of employees during the pre-election conference should the Med-Arbiter act favorably on
the petition. (As amended by Section 12, Republic Act No. 9481 which lapsed into law on May 25, 2007 and
became effective on June 14, 2007).
107.When to file petition for certification election; general rule.
The general rule is, in the absence of a collective bargaining agreement duly registered in accordance with
Article 231 of the Labor Code, a petition for certification election may be filed at any time.
108.What are the exceptions to the general rule?
The exceptions when no certification election may be held are as follows:
certification year-bar rule;
bargaining deadlock-bar rule; or
contract-bar rule.
109.What is certification year-bar rule?
Under the certification year-bar rule, a certification election petition may not be filed within one (1) year: (1) 
from the date of a valid certification, consent or run-off election; or (2)  from the date of voluntary recognition.
110.What is bargaining deadlock-bar rule?
Under the bargaining deadlock-bar rule, neither may a representation question be entertained if:
before the filing of a petition for certification election, the duly recognized or certified union has commenced
negotiations with the employer within the one-year period from the date of a valid certification, consent or run-
off election or from the date of voluntary recognition; or
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 valid notice of strike or lockout.
In the case of Kaisahan ng Manggagawang Pilipino [KAMPIL-KATIPUNAN] vs. Trajano, [G. R. No. 75810,
September 9, 1991, 201 SCRA 453 (1991)], the bargaining deadlock-bar rule was not applied because the
duly certified exclusive bargaining agent of all rank-and-file employees did not, for more than four (4) years,
take any action to legally compel the employer to comply with its duty to bargain collectively, hence, no CBA
was executed; nor did it file any unfair labor practice suit against the employer or initiate a strike against the
latter. Under the circumstances, a certification election may be validly held.
But in the case of Capitol Medical Center Alliance of Concerned Employees-Unified Filipino Service Workers
vs. Laguesma, [G. R. No. 118915, February 4, 1997, 267 SCRA 503], whose factual milieu is similar to said
case of Kaisahan, the bargaining deadlock-bar rule was applied.  The Supreme Court ratiocinated, thus:
“This is what is strikingly different between the Kaisahan case and the case at bench for in the latter case,
there was proof that the certified bargaining agent, respondent union, had taken an action to legally coerce the
employer to comply with its statutory duty to bargain collectively, i.e., charging the employer with unfair labor
practice and conducting a strike in protest against the employer’s refusal to bargain.  It is only just and
equitable that the circumstances in this case should be considered as similar in nature to a ‘bargaining
deadlock’ when no certification election could be held.  This is also to make sure that no floodgates will be
opened for the circumvention of the law by unscrupulous employers to prevent any certified bargaining agent
from negotiating a CBA.  Thus, Section 3, Rule V, Book V of the Implementing Rules should be interpreted
liberally so as to include a circumstance, e.g., where a CBA could not be concluded due to the failure of one
party to willingly perform its duty to bargain collectively.”
111.What is a contract-bar rule?
Under the contract-bar rule, the Bureau of Labor Relations 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. The reasons are:
112..What are the exceptions to the contract-bar rule?
The exceptions to the contract-bar rule are as follows:
during  the  60-day  freedom  period;
when the CBA is not registered with the BLR or DOLE Regional Offices;
when the CBA, although registered, contains provisions lower than the standards fixed by law;
when the documents supporting its registration are falsified, fraudulent or tainted with misrepresentation;
5.when the collective bargaining agreement is not complete as it does not contain any of the requisite
provisions which the law requires;
when the collective bargaining agreement was entered into prior to the 60-day freedom period;
when there is a schism in the union resulting in an industrial dispute wherein the collective bargaining
agreement can no longer foster industrial peace.
COLLECTIVE BARGAINING AGREEMENT (CBA)
113.What is a Collective Bargaining Agreement (CBA)? 
Collective Bargaining Agreement (CBA) refers to the negotiated contract between a legitimate labor
organization and the employer concerning wages, hours of work and all other terms and conditions of
employment in a bargaining unit. The CBA is deemed the law between the parties during its lifetime.  Its
provisions are construed liberally.
114.What are the legal principles applicable to Collective Bargaining Agreement (CBA)? 
A proposal not embodied in CBA is not part thereof.
Minutes of CBA negotiation - no effect if its contents are not incorporated in the CBA.
Making a promise during the CBA negotiation is not considered bad faith.
Adamant stance resulting in impasse, not bad faith.
The DOLE Secretary cannot order inclusion of terms and conditions in CBA which the law and the parties did
not intend to reflect therein.
Signing bonus, not demandable under the law.
Allegations of bad faith, wiped out with signing of CBA.
115.Is the collective bargaining procedure in Article 250 mandatory?
In National Union of Restaurant Workers vs. CIR, [10 SCRA 843], it was held that failure to reply within ten (10)
calendar days does not constitute refusal to bargain. The requirement under the law that a party should give its
reply within said period is merely procedural and non-compliance therewith is not unfair labor practice. 
Recently, however, there has been a shift in the interpretation of the provision of Article 250. According to the
pronouncement in General Milling Corporation vs. CA, [G. R. No. 146728, February 11, 2004], the procedure in
collective bargaining prescribed by the Labor Code under Article 250 is mandatory because of the basic
interest of the State in ensuring lasting industrial peace. It underscored the fact that the other party upon whom
the proposals was served “shall make a reply thereto not later than ten (10) calendar days from receipt of such
notice.” Consequently, the employer’s failure to make a timely reply to the proposals presented by the union is
indicative of its bad faith and utter lack of interest in bargaining with the union. Its excuse that it felt the union
no longer represented the workers, was mainly dilatory as it turned out to be utterly baseless.  Consequently,
the employer in this case was held guilty of unfair labor practice under Article 248 [g] of the Labor Code.
In Colegio de San Juan de Letran vs. Association of Employees and Faculty of Letran, [G. R. No. 141471,
September 18, 2000], petitioner-school was declared to have acted in bad faith because of its failure to make a
timely reply to the proposals presented by the union. More than a month after the proposals were submitted by
the union, petitioner still had not made any counter-proposals.  This inaction on the part of petitioner prompted
the union to file its second notice of strike on March 13, 1996. Petitioner could only offer a feeble explanation
that the Board of Trustees had not yet convened to discuss the matter as its excuse for failing to file its reply.
This is a clear violation of Article 250 of the Labor Code governing the procedure in collective bargaining. The
school’s refusal to make a counter-proposal to the union’s proposed CBA is an indication of its bad faith. Its
actuation shows a lack of sincere desire to negotiate rendering it guilty of unfair labor practice.
The same holding was made in Kiok Loy vs. NLRC, [141 SCRA 179, 186 (1986)] where the company’s refusal
to make any counter-proposal to the union’s proposed CBA was declared as an indication of its bad faith.
Where the employer did not even bother to submit an answer to the bargaining proposals of the union, there is
a clear evasion of the duty to bargain collectively. (See also The Bradman Co., Inc. vs. Court of Industrial
Relations, 78 SCRA 10, 15 [1977]).
116.What are the kinds of bargaining under the latest implementing rules?
The Rules to Implement the Labor Code, as amended in 2003, provide for two (2) kinds of bargaining, namely:
Single-enterprise bargaining; and
Multi-employer bargaining.
117.What is single enterprise bargaining?
Single-enterprise bargaining involves negotiation between one certified labor union and one employer.  Any
voluntarily recognized or certified labor union may demand negotiations with its employer for terms and
conditions of work covering employees in the bargaining unit concerned. (Section 3, Rule XVI, Book V, Rules
to Implement the Labor Code, as amended by Department Order No. 40-03, Series of 2003, [Feb. 17, 2003]).
118.What is multi-employer bargaining?
Multi-employer bargaining involves negotiation between and among several certified labor unions and
employers.
Any legitimate labor unions and employers may agree in writing to come together for the purpose of collective
bargaining, provided:
(a) only legitimate labor unions which are incumbent exclusive bargaining agents may participate and negotiate
in multi-employer bargaining;
(b) only employers with counterpart legitimate labor unions which are incumbent bargaining agents may
participate and negotiate in multi-employer bargaining; and
(c) only those legitimate labor unions which pertain to employer units which consent to multi-employer
bargaining may participate in multi-employer bargaining. (Section 5, Rule XVI, Book V, Ibid.).
119.What is meant by “duty to bargain collectively” when there has yet been a CBA?
Article 251 contemplates a situation where there is yet no CBA or other voluntary arrangements or modes
providing for a more expeditious manner of collective bargaining. Accordingly, the law itself mandates that the
procedures in collective bargaining laid down in the Labor Code, specifically Article 250 thereof, among other
pertinent provisions, should be followed by the employer and the representatives of the employees in their
collective bargaining efforts.  Essentially, the duty to bargain in this situation still requires the performance of
the obligation by the employer and the union to meet, convene and confer for collective bargaining purposes. 
The basic requisites of collective bargaining such as the existence of employer-employee relationship, majority
status of the bargaining union and the demand to negotiate an agreement, should likewise be fully satisfied
before such negotiations may be validly held. The advantage of negotiating a CBA for the first time lies in the
fact that both parties are not restricted or encumbered by any previous agreement on any of the issues that
may be raised in the course thereof. They are free to take positions on anything, without having to worry about
possible past agreements affecting the current ones for discussion.
120.What is meant by “duty to bargain collectively” when there exists a CBA?
When there is a collective bargaining agreement, the duty to bargain collectively shall mean that neither party
shall terminate nor modify such agreement during its lifetime.  However, either party can serve a written notice
to terminate or modify the agreement at least sixty (60) days prior to its expiration date.  It shall be the duty of
both parties to keep the status quo and to continue in full force and effect the terms and conditions of the
existing agreement during the 60-day period and/or until a new agreement is reached by the parties.
121.What are the mandatory requisites of publication, ratification and registration of the CBA?
Posting of CBA.
The general rule is that the CBA is required to be posted in two (2) conspicuous places in the work premises,
for a period of at least five (5) days prior to its ratification.
In the case of multi-employer bargaining, two (2) signed copies of the CBA should be posted for at least five (5)
days in two (2) conspicuous areas in each workplace of the employer units concerned. Said CBA shall affect
only those employees in the bargaining units who have ratified it. (Section 7, Rule XVI, Book V, Rules to
Implement the Labor Code, as amended by Department Order No. 40-03, Series of 2003, [Feb. 17, 2003]).
Posting is mandatory.
This requirement on the posting of the CBA as above-described is considered a mandatory requirement. Non-
compliance therewith will render the CBA ineffective. (Associated Trade Unions [ATU] vs. Trajano, G. R. No. L-
75321, June 20, 1988).
Posting is responsibility of employer.
The posting of copies of the CBA is the responsibility of the employer which can easily comply with the
requirement through a mere mechanical act. (Associated Labor Union [ALU] vs. Ferrer-Calleja, G. R. No.
77282, May 5, 1989).
Ratification by majority of the members of the bargaining unit.
The ratification of the CBA should be made not by the majority of the members of the bargaining union but by
the majority of the members of the bargaining unit which is being represented by the bargaining union in the
negotiations. 
Registration of CBA.
The CBA shall be registered with the Department of Labor and Employment in accordance with the Rules to
Implement the Labor Code, as amended in 2003. (Section 7, Rule XVI, Book V, Rules to Implement the Labor
Code, as amended by Department Order No. 40-03, Series of 2003, [Feb. 17, 2003]).