LABOR RELATIONS AND a.

supervisory employees
NEGOTIATIONS (NOTES) b. alien employees
c. homeworkers
Right to self-organization d. employees of cooperatives
Bargaining unit e. employees of legitimate
Bargaining representative contractors
Rights of labor organizations
Unfair labor practices
Peaceful concerted activity
public sector
A. RIGHT TO SELF-ORGANIZATION All rank-and-file employees of all
branches, subdivisions,
Employees’ Right to
instrumentalities, and agencies of
self-organization is the right of the
government, including GOCCs with
employees to form, join, or assist in
original charters, can form, join, or
the formation of a labor organization
assist labor organizations called
of their own choosing for purposes of
employees’ organizations of their
collective bargaining through
own choosing.
representatives of their own choosing
and to engage in lawful concerted PRINCIPLE OF RECIPROCITY
activities for purposes of collective
bargaining or for their mutual aid and Under the principle of reciprocity,
protection (LABOR CODE, ART. 253). aliens, working in the country with
valid permits issued by DOLE, may
The State guarantees the rights of all exercise the right to
workers to self-organization, self-organization and join or assist
collective bargaining and labor organizations of their own
negotiations, peaceful concerted choosing for purposes of collective
activities, including the right to strike bargaining; provided, that said
in accordance with law (CONSTI., Art. aliens are nationals of a country
XII, Sec.3, Par.2). which grants the same or similar
rights to Filipino workers.
Who are eligible to join, form, or
assist a labor organization for Who are eligible to join labor
purposes of collective bargaining? organization for mutual aid and
private sector: protection?
- all persons employed in commercial, 1. ambulant workers
industrial, and agricultural enterprises 2. intermittent workers
- employees of GOCCs without charters 3. rural workers
established under the Corporation code 4. self-employed people
- employees of religious, charitable, 5. itinerant workers
medical or educational institutions, 6. those without definite employers
whether operating for profit or 7. Employees of a common employer
not
Who are not eligible to join, form, or Q: When is an employee entitled to the
assist a labor organization in the private right to join labor organization?
sector?
Any employee, whether employed for
1. managerial employees a definite period or not, beginning on
2. confidential employees the first day of his/her service, shall
be eligible for membership in any
Who are not eligible to join, form, or labor organization (LABOR CODE,
assist a labor organization in the public Art. 292 (c)).
sector?
Q: What is the nature of the relationship
1.High-level employees whose between the union and its members?
functions are normally considered as
policy-making or managerial or The nature of the relationship
whose duties are of a highly between the union and its members
confidential nature; and is that principal and agent, the former
2.Members of the AFP, including police being the agent while the latter, the
officers, policemen, firemen, and jail guards. principal. Their relationship is
fiduciary in character, and arises put
Who are managerial employees? of two (2) factors: one the degree of
dependence of the individual
Managerial employees are those
employee on the union organization;
who are vested with powers or
and the other, a corollary of the first,
prerogatives to lay down and execute
is the comprehensive power vested in
management policies and/or hire,
the union with respect to the
transfer, suspend, lay-off, recall,
individual. The union may be
discharge, assign, or disciplinary
considered but the agent of its
employees.
members for the purpose of securing
Who are confidential employees? for them fair and just wages and good
working condition. As agent, the
Confidential employees are those who, by union is subject to the obligation of
the very nature of their function, giving the members as its principals
1. assist or act in a confidential capacity; all information relevant to union and
and labor matter entrusted to it (Heirs of
Teodolo M. Cruz V. Court of Industrial
2. to persons who formulate, determine, and Relation, G.R. No L-23331-32,
effectuate management policies in the field December 27, 1969).
of labor relations. These two criteria are
cumulative, and both must be met. An
important element of the “confidential
employee rule” is the employee’s need to
use labor relations information (San Miguel
Corporation Supervisors and Exempt Union
v. Laguesma, G.R No. 110399, August 15,
1997).
Who is an affiliate? immediately preceding the expiration
of the CBA, expect when it is effected
An affiliate is:
by a majority of the members in the
1. An independent union affiliated with a bargaining unit (ANGLO-KMU V.
federation or national union; or Samahan ng mga Manggagawang
2. A chartered local which was Nagkakaisa sa Manila Bay Spinning
subsequently granted an independent Mills, G.R. No. 118562, July 5, 1996)
registration but did not disaffiliate
from its mother federation or national
What is Substitutionary Doctrine?
union (D.O. No. 40-03, Rules l, Sec.
1(a)). The substitutionary doctrine,
The national union, or “mother union”, formulated by the National Labor
acting for and in behalf of its affiliate, Relations Board, counterpart of our
has the status of an agent while the Court of Industrial Relations,
affiliate or local chapter remain the means that where there occurs a
principal – the basic unit of the shift in employee’s union allegiance
association free to serve the common after the execution of a bargaining
interest of all its members, subject contract with their employer,
only (Progressive Development employees can change their agent
Corporation V. Secretary of Labor – the labor union, but the collective
and Employment, G.R. 96425 bargaining contract still subsisting
February 4, 1992). continues to bind the employees up
to its expiration date. They may,
What is the union’s right to disaffiliate? however, bargain for the shortening
It is the right of the affiliate union to of said expiration date. Stated
disaffiliate from its mother federation otherwise, the substitutionary
or national union which is a doctrine only provides that the
constitutionally-guaranteed right employees cannot revoke the
which may be invoked by the former validly executed collective
at any time. It is axiomatic that an bargaining contract with their
affiliated union is a separate and employer by the simple expedient
voluntary association guaranteed in of changing their bargaining agent
the Constitution (Vokschel Labor (Benguet Consolidated v. BCI
Union V. BLR, G.R. No L- 45824, Employees & workers Union, G.R.
June 19, 1985). No. L-24711, April 30, 1968).

When should a labor union disaffiliate Note: The said CBA (entered into
from its mother union? at a time when the petition for
certification election had already
A labor union, as a general rules, may been filed) cannot be deemed
disaffiliate from the mother union to permanent, precluding the
form an independent union only commencement of negotiations by
during the 60-day freedom period another union with the
 management. In the meantime, 2. Collective Bargaining History
however, so as not to deprive the Doctrine – puts premium to the prior
workers of the benefits of the said collective bargaining history and
agreement, it shall be recognized affinity of the employees; neither
and given effect on a temporary decisive nor conclusive in the
basis, subject to the result of the determination of what constitutes an
certification election (Associated appropriate bargaining unit (San
Trade Unions v. Trajano, G.R. No. Miguel Corporation v. Laguema, G.R.
L-75321, June 20, 1988). No. 100485, September 21, 1994);
3. Employment Status Doctrine –an
acceptable mode of determination of
BARGAINING UNIT
appropriate bargaining unit based on
What is a bargaining Unit? employment status of the employees,
such as temporary, seasonal, and
Bargaining unit refers to a group of probationary (Sta. Lucia East
employees sharing manual interests Commercial Corporation v. Secretary
within a given employer unit, of Labor and Employment G.R. No
composed of all or less than all of the 162355, August 14, 2009);
entire body of employees in the 4. Globe Doctrine – based on
employer unit or any specific express will or desire of the
occupational or geographical
employees. The desires of all the
grouping within such employer unit
employees are relevant to the
(D.O. No. 40-03, Rule l, sec, 1 (d)).
determination of the appropriate
What are the tests in determining bargaining unit. The relevance of the
the appropriate composition of a wishes of the employees concerning
bargaining unit? (CHEG) their inclusion from a proposed
bargaining unit is inherent in the
The tests which may be used in
basic right to self-organization
determining the appropriate
(International School alliance of
composition of a bargaining unit are
Educators v. Quisumbing, G.R. No.
the following:
128845, June 1, 2000).
1. Community or Mutuality of
Interest Doctrine – the employees B. BARGAINING REPRESENTATIVE
sought to be represented must have Who may collectively bargain with the
community or mutuality of interest in employer?
terms of employment and working The labor organization designated or
selected by the majority of the employees in
conditions as evinced by the type of
an appropriate bargaining unit shall be the
work they perform. It is characterized
exclusive representative of the employees
by similarity similar compensation and in such a unit for the purpose of collective
working conditions (San Miguel bargaining (LABOR CODE, Art. 267).
Corporation Employees
Union-PTGWO v. Confesor, G.R. No
111262, September 19, 1996);
What is an exclusive bargaining In all methods of determining the
representative? bargaining representative, what is the
role of the employers in the
Exclusive Bargaining
proceedings?
Representative means any
legitimate labor union duly The employer shall not be considered a
recognized or certified as the sole party thereto. The employer’s participation
and exclusive bargaining agent is the in such proceeding shall be limited to:
union as an entity not the union
officers (D.O. No. 40-03, Rule l, Sec. 1. Being notified or informed of
petition of such nature; and
1(t)).
2. Submitting the list of
What is the expectation to the employees during the
exclusiveness of the pre-election conference
representative role of the sole and should the Med-Arbiter act
exclusive bargaining favorably on the petition
representative? (LABOR CODE, Art. 271).
Where is the request for SEBA
An individual employee or group of
Certification filed?
employees shall have the right at any
time present grievance directly to Request for SEBA certification is field
their employers, regardless of in the DOLE Regional Office which
whether they are members or non- issued its certificate of registration or
members of the Sole and Exclusive certificate of creation of chartered
Bargaining Agent (SEBA), to present local, as the case may be (D.O No.
their grievance to their employers 40-l- 15, Rule VII, Sec. 1)
even without the intervention of the
exclusive bargaining represent When shall the request be referred
(LABOR CODE, Art, 267). by the DOLE regional Director for
certification election?
What are the methods to determine the
bargaining representative? (SCC) The DOLE Regional Director shall
refer the request to the Election
The methods to determine the bargaining Officer for the conduct of certification
representative are the following: election when:
1. Request for SEBA Certification (D.O. No 1. In an unorganized establishment
40-03, Rule VII); with only one (1) legitimate
2. Certification election (D.O. No. 40-03, organization – when the requesting
Rule l, Sec. 1(h)); and
union or local fails to complete the
3. Consent election (D.O. No. 9, as
requirements for SEBA certification
amended by D.O No. 40-03, Rule I).
during the validation conference
called by the Regional Director (D.O.
No. 40-l-15, Rule VII, Sec, 4); and
2. In an unorganized establish with including a national union or
more than one (1) legitimate federation which has already issued a
organization – when the DOLE charter certificate to its local chapter
Regional Director finds that the participating in the certification
unorganized establishment has more election or local chapter which has
than one (1) legitimate labor been issued a charter certificate by
organization (D.O. No. 40-l-15, Rule the national union or federation; or
VII, Sec. 5). 2. Upon the filing of a petition by the
employer when such employer is
What is the effect of issuance of requested by the employees to
certification as SEBA by the bargain collectively where there is no
REGIONAL DIRECTOR? existing certified collective bargaining
agent.
Upon the issuance of the certification
by SEBA, the certified union or local What are the requisites to be met
shall enjoy all the rights and privileges for the conduct of a certification
of an exclusive bargaining agent of all election in an organized
employees in the covered bargaining establishment or one where there
unit. The certification shall also bar is already a union that has been
the filing of a petition for certification duly recognized or certified as
by any labor organization for a period bargaining representative?
of one (1) year from date of its 1. That the petition for certification
issuance. election (PCE) questioning the
What is a certification election? majority status of the incumbent
Certification election refers to the bargaining agent is filed before the
process of determining through DOLE within the 60-day freedom
secret ballot the sole and exclusive period;
representative of the employees in an 2. That such PCE is verified; and
appropriate bargaining unit for the 3. That the PCE is supported by the
purposes of collective bargaining or written consent of at least twenty-five
negotiation. It is the most democratic percent (25%) of all the employees in
method of determining the the bargaining unit. Note: where there
employee’s choice of the bargaining is no CBA, the petition may be filed
representative whenever there is anytime except within twelve months
doubt whether a particular union of a previous election, if any.
represents the majority of the
rank-and-file employees.

When is certification election mandatory

on the part of the bureau of labor
relations?
1. Upon the filing of a verified petition
by a legitimate labor organization
What are the requirements for the chartered local shall submit its
conduct of a certification election DOLE-issued certificate of creation
in unorganized establishments or within five (5) days from conclusion of
one where no union has yet been election.
duly recognized or certified as
When there is a failure of election?
bargaining representative?
There is failure of election where the
In any establishments where there is
number of votes cast in a certification
no certified bargaining agent, hence,
or consent election is less than the
unorganized, the certification election
majority of the number of eligible
shall automatically be conducted by
votes and there are no material
the Med-Arbiter upon the filing of a
challenged votes, declared by the
petition by any legitimate labor
Election Officer in the minutes of the
organization (LC, Art. 269).
election proceeding order.
What are the grounds for the dismissal Note: failure of election shall not bar
of a petition for certification election? the filing of a motion for the
The Med-Arbiter may dismiss the petition for immediate of another certification or
certification election on any of the following consent election within six (6) months
grounds: from the date of declaration of failure
1. Negotiation or deadlock of election.
2. Absence of employment What is double majority rule?
relationship
3. Non-appearance The double majority rule provides that for
4. No charter there to be a valid election, the following
5. Existing CBA must concur:
6. Lack of support 1.Majority of the bargaining unit must have
7. Unregistered union voted; and
8. 12-month bar rule
2. The winning union must have garnered a
Who are qualified to vote in a majority of the valid votes cast.
certification election? All employees who
are members of the appropriate bargaining
unit three (3) months prior to the filing of the
petition/request are eligible to vote. Also
considered a qualified voter is 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.
Note: when the winning choice is a
local chapter, without a certificate of
creation of chartered local, such
Who shall proclaim the results of the
election?
The Med-Arbiter shall, within
twenty-four (24) hours from receipts What are the different rules which prevent
of minutes and result of election from the holding of a certification election?
the election officer, issue an order
proclaiming the results of the election The rules which prevent the holding of a
and certifying the union which certification election are:
obtained a majority of the valid votes 1. Contract bar rule
cast as the SEBA in the subject 2. Deadlock bar rule
bargaining unit, under any of the 3. Negotiation bar rule
following conditions: 4. Certification year rule

1. No protest was filed or, even if one Contract bar rule

is filed, the same was not perfected
within the five- day period for The contract bar rule provides that
perfection of the protest; or while a valid and registered CBA of
2. No challenge or eligibility issue a fixed duration is subsisting, the
was raised, or even if one was raised, BLR is not allowed to hold an
the resolution of the same will not election contesting the majority
materially challenge the results of the status of the incumbent union
elections. during the five-year term of the
CBA except during the 60-day
What is the effect of “no union period immediately prior to the
”winning the election? expiration of the CBA.

Where the majority of the valid votes cast Deadlock bar rule
results in “no union” obtaining the majority, The deadlock bar rule provides that
the Med- Arbiter shall declare such a fact in
a petition for certification election
the order proclaiming the results of the
election. If the elections disclose that the can only be entertained if there is
majority of the workers do not wish to be no pending bargaining deadlock
presented by any union, no union may be submitted to conciliation or
certified, and the minority workers who wish arbitration or had become the
to have a union represent them in collective subject of a valid notice of strike or
bargaining may not impose their will upon lockout. The principal purpose is to
the majority upon the plea that they are ensure stability in the relationship
being denied their right to self-organization of the workers and the
and collective bargaining. The minority management.
employees can do nothing except to wait for
another suitable occasion to petition for When does deadlock arise?
certification election.
A deadlock arises when there is an
impasse, which presupposes
reasonable effort at a good faith
bargaining which, despite noble Re-run Election Run-off election
intentions, did not conclude in an As to when It is conducted to It takes place
agreement between the parties. conducted break a tie between two (2)
between the unions which
received the
contending
unions, or after a two (2) highest
failure of number of
election has been votes in a
Negotiation bar rule
declared by certification
Negotiation bar rule provides that a the election election with
petition for certification election officer and/or three (3) or
cannot be entertained if, before the affirmed by more choices,
filing of the petition for certification the where not one
election, the duly recognized or mediator-
certified union has commenced and arbiter. of the two
sustained negotiations with the (2) unions
employer within one (1) year from obtained the
the date of a valid certification, majority of the
consent, run-off, or re-run elections, valid votes cast.
or from the date of issuance of As to voting There must be a The total votes
SEBA Certification by the DOLE. requirement tie between of the
contending contending
Certification year rule unions. unions subject of
the run-off
Certification year rule provides that non election must be
petition for certification election may be at least 50% of
filed within one the total votes
(1) year from the date of a valid cast.
certification, consent, or run-off As to participation The contending “No Union” shall
election or from the date of entry of of “No unions may not be a
a voluntary recognition of the union Union” Choice include “no union” choice in the
by the employer. run-off election
Note: Voluntary recognition has already
When should a run-off election be held?
been replaced by Request for SEBA
Certification. The election officer should motu
proprio conduct a run-off election,
upon presence of all requirements
and no objections or challenges
thereto, within ten (10) days from the
close of the election proceeding
between the labor unions receiving
the two (2) highest number of votes.
What are the requirements for a proper What is consent election?
conduct of a run-off election?
An election voluntarily agreed upon
The Requirement is for a proper conduct by the parties with or without the
of a run-off election are the following: intervention of the DOLE, to
Note “NO Union” shall not a be a choice determine the issue of majority
in the run-off election; and representation of all the workers in
1. Valid election took place the appropriate collective
because majority of the bargaining unit.
collective bargaining unit
members voted (first Certification Consent election
majority); election
2. Not one of the choices As to purpose To determine the SEBA of all the
obtained the majority employees in an appropriate
(50%+1) (second majority) bargaining unit for the purpose of
of the valid votes cast; collective bargaining
3. Total votes for the unions are at As to A A consent election is
least fifty percent (50%) of the intervention certification voluntarily agreed upon
votes cast; of DOLE election by the parties, with or
4. There is no unresolved is without the intervention
challenged votes or election ordered by by the DOLE. If the
protest which if sustained the DOLE. consent election is done
can materially alter the with the intervention of
results; the DOLE such as
where a petition for
5. The said election presented at
certification election had
least three (3) choices; and
been filed, and upon the
6. The two (2) unions which intercession of the
garnered the highest Med-Arbiter, the parties
number of votes shall agree to hold a consent
participate in the election. election or where no
petition for certification
When should a re-run election be
election was filed but the
held?
parties themselves
Re-run election shall be held within agreed to hold a consent
ten (10) days from posting of the election with the
notice by the election officer who intercession of the
Regional Office the
caused the same after scheduling
results thereof shall
the date of the re-run elections
constitute a bar to the
after motion for immediate holding holding of a certification
of another certification election, election for one (1) year
filed within six (6) months from date from the holding of such
of declaration of election consent election.
proceedings.
RIGHTS OF LABOR ORGANIZATION authorization as a requirement for
check-off:
What are the rights of Labor
Organizations? 1. For mandatory activities provided
under the code;
The rights of labor organizations are the
2. When non-members of the union
following:
avail of the benefits of the CBA;
1. To undertake activities for the 3. Check-off for union service fees
benefit of the organization and its authorized by law.
members; What are the requirements for the
2. To sue and be sued; validity of a special assessment?
3. To be the exclusive representative
of all its employees; The requirements for the validity of a special
4. To represent union members; assessment are the following:
5. To be furnished by the employers 1. There must be a written resolution;
of audited financial statements; 2. The resolution must have been approved
6. To own properties; by a majority of all the members;
7. Exemption from taxes. 3. The approval must be at a general
membership meeting duly called for the
What is a check-off? purpose;
A check-off is a method of deducting by the 4. The secretary of the organization shall
employer from the employee’s pay at record the following:
prescribed periods the amounts due to the a.Minutes of the meeting;
union for fees, fines, or assessments. It b.List of all members present;
assures continuous funding for the labor c.The votes cast; and
organization. d.The purpose of the special assessment or
What authorization requirements is fees and the recipient of such assessment
needed for check-off? or fees and shall be attested to by the
president.
No special assessment, attorney’s Note: Requirements must be strictly
fees, registration fees, or any other complied with.
extraordinary fees may be checked
off from any amount due an Agency Fees
employee without an individual Agency fees are those reasonable fees
written authorization duly signed by assessed to employees of an appropriate
the employee. bargaining unit who are not members of the
recognized collective bargaining agent, if
such non-union members accept the
benefits under the collective bargaining
What are the exceptions to the rule agreement.
of individual written authorization When does the right of the SEBA to
as a requirement for check-off? demand agency fees accrue?
The following are the exceptions to The right of the SEBA to demand from the
the rule of individual written employer the check-off of agency fees
accrues from the moment the non-SEBA What is the duty to bargain
member accepts and receives the benefits collectively means the
from the CBA. This is the operative fact that performance of a mutual obligation
would trigger such liability on the part of between employer and the
such non-SEBA members. employees’ majority union to meet
and convene for the purpose of:
Is an individual written authorization
necessary for the collection of agency 1. Negotiating an agreement with
fees from a non- union employee? respect to wages, hours of work and
No, it is not necessary. The employee’s all other terms and conditions of
acceptance of benefits resulting from a employment including proposals for
collective bargaining agreement justifies the adjusting any grievances or questions
deduction of agency fees from his pay and arising under such agreement; and
the union’s entitlement thereto. In this 2. Executing a contract incorporating such
aspect, the legal basis of the union’s right to agreements if requested by either party.
agency fees is quasi- contractual, deriving
from the established principle that
non-union employees may not unjustly What are the jurisdictional preconditions
enrich themselves by benefiting from in collective bargaining?
employment conditions negotiated by the The mechanics of collective
bargaining union. bargaining is set in motion only when
the following jurisdictional
Can the company continue to make preconditions are present, namely:
deductions after separation or
disaffiliation of the employee from the 1. Possession of the status of
union? majority representation of the
No. the employees’ check-off authorization, employee’s representative in
even if declared irrevocable, is good only as accordance with any of the means of
long as they remain members of the union selection or designation provided for
concerned because as such members, they by the Labor Code;
were obliged to pay the corresponding dues 2. Proof of majority representation;
and assessments to their union. However, 3. Employee-employer relationship
the moment that they separated from and 4. Demand to bargain under Art. 261.
left the union and joined another labor
organization, then they were no longer Note: while it is the mutual obligation
obliged to pay the said dues and of the parties to bargain, the
assessments; naturally, there would be no employer, however, is not under any
longer any reason nor occasion for the legal duty to initiate contract
company to continue making deductions. negotiation.
What is Lock, Stock, and Barrel Rule? How should the duty to bargain
Under this rule, the CBA proposed by the collective be performed in the absence
union may be imposed lock, stock and of CBA?
barrel on the employer who refused to
negotiate a CBA. The employer which The duty to bargain collective,
violates the duty to bargain collectively, when there has yet been no CBA in
loses its statutory right to negotiate or the collective bargaining unit where
renegotiate the terms and conditions of the the SEBA seeks to operate, should
draft CPA proposed by the union. Hence, be complied with in the following
the proposals of the union may be adopted order:
as the CBA (Kiok Loy v. NLRC, G.R No.
L-54334, January 22, 1986). 1.In accordance with the voluntary
agreement providing for more
What are the kinds of collective expeditious manner of collective
bargaining? bargaining; and
The kinds of collective bargaining are the 2.In its absence, in accordance with
following: the provisions of the Labor Code,
a. Single enterprise bargaining involving a referring to Art. 261 thereof (LABOR
CBA negotiation between one certified CODE, Art. 262).
SEBA and one employer – any certified
SEBA may demand negotiations with the What is a collective bargaining
employer regarding the terms and agreement (CBA)
conditions of employment of employees in Collective bargaining agreement
the bargaining unit it represent (D.O No.
(CBA) refers to negotiated contract
40-03, Rules XVI, Sec. 3); and
between a legitimate labor
B. Multi-employer bargaining involving a
organization and the employer
CBA negotiation between and among
several certified SEBAs and employers – concerning wages, hours of work,
legitimate labor unions and employers may and all other terms and condition of
agree in writing to come together for the employment in bargaining unit,
purpose of collective bargaining, provided: including mandatory provisions for
Only legitimate labors unions which are grievances and arbitration
incumbent SEBAs may participate and machineries (Rules Implementing the
negotiate in multi-employers bargaining; Labor Code, Book V, Rule I, Sec 1
Only employers with counterpart legitimate
labor unions which are incumbent SEBAs
may participate and negotiate; and What is Freedom period?
Only those legitimate labor union that Freedom period is the last sixty (60)
pertain to employer unit which consent to
multi-employer bargaining (D.O. No. 40-03, days of the fifth (5th) years of the CBA
Rule XVI, Sec. 5)
(2 AZUCENA, supra at 479). A petition
Note: Multiple-employer bargaining is only question the majority status of the
voluntary
incumbent bargaining agent or a
petition for certification election may
be entertained and a certification
election may be conducted within the
60-day period immediately prior to the
expiration of the CBA (LABOR CODE,
Art. 265).
What are the differences between
60-day notice period and 60-days
freedom period?
The differences between 60-day notice
period and 60-days freedom period are
following:

60-DAY NOTICE PERIOD

vs. 60 DAY FREEDOM
PERIOD
 60-DAYS 60-DAY Note: The renegotiation period of
NOTICE PERIOD FREEDOM the CBA economic provisions
PERIOD occurs towards the end of the
AS TO The 60-day The 60-days second (2nd) or third (3rd) year of
DEFINITION period prior to period the CBA. The notice and freedom
the expiration immediately periods may coincide on the fifth
date of the CBA before the date (5th) year of the CBA (2 AZUCENA,
where a party of expiry of the supra at 493).
serves a written five-year term of
notice to the CBA, where When shall the CBA become effective?
terminate or a petition
modify the CBA questioning the If the CBA is the first ever in the
(LABOR CODE, majority status bargaining unit, the effectivity date is
Art. 264) of the incumbent whatever date the parties agree on.
bargaining If the CBA is a new CBA to replace
agent may be the expired one and the new CBA is
entertained and concluded within six (6) months from
a certification the expiry date of the old one, then
election may be the new CBA starts to take effect on
conducted the date following such expiry date
(LABOR CODE, (LABOR CODE, Art. 265). If the
Art. 265). agreement was entered into outside
AS TO THE An economic A political event the six (6) month period, then the
NATURE event parties shall agree on the duration of
AS TO Economic Representational the retroactivity thereof (Union of
PROVISIONS OF provisions and aspects of the Filipino Employees v. NLRC, G.R.
CBA SOUGHT other provision CBA No. 91025, December 19, 1990).
TO BE of the CBA other
MODIFIED than What is the duration of a CBA?
representation Any CBA that the parties may enter
AS TO THE In the In the into shall insofar as the
PARTICIPATION renegotiation freedom period, representation aspect in concerned,
OF THE notice period, the the
be for a term of five (5) years. All
EMPLOYERS employer is a employer is not
other provision of the CBA
party thereto. a party thereto.
(economic and non-economic,
except representation) shall be
renegotiated not later than three (3) years after its execution (LABOR CODE, Art. 265).
 the period fixed by the parties as long
What is the effect of the extension of the
no new agreement is reached by them
CBA’s original term?
(LABOR CODE, Art. 264).
While the parties may agree to extend
Define grievance machinery.
the CBA’s original 5-year term despite
an agreement for a CBA with a life of Grievance machinery is a machinery for
more than five (5) years, the bargaining the adjustment and resolution of
union’s exclusive bargaining status is grievances arising from the
effective only for five (5) years and can interpretation or implementation of their
be challenged within sixty (60) days CBAs and those arising from the
prior to the expiration of the CBA’s first interpretation or enforcement company
five (5) years (FVLU-PTGWO v. personnel policies (LABOR CODE, Art.
SANAMA-FVC-SIGLO, G.R. No. 273).
176249, November 27, 2009).
Define grievance procedure.
What are the mandatory subject of CBA?
Grievance procedure is the series of
The mandatory subject of the CBA are formal steps that parties to a CBA
those that the parties are compulsorily agreed to take the adjustment of
required to bargaining if either party grievances or question arising out of
has made a proposal thereon. A the interpretation or implementation of
mandatory subject of CBA is that which the CBA or company personnel policies
must materially or significantly affect including voluntary arbitration as the
the terms or conditions of employment, terminal step (national conciliation and
including what it has already granted mediation board primer on grievance
and what it has announced it intends to machinery and voluntary arbitration
grant (2 AZUCENA, supra ate 397). (hereinafter NCMB on grievance
machinery and voluntary arbitration)).
What is the Labor Management Council
(LMC)? Discuss the procedure in handling
grievance.
Any provision of law to the contrary
notwithstanding, workers shall have the In the absence of a specific provision in
right, subject to such rules and the CBA or existing company practice
regulations as the Secretary of Labor prescribing for the procedure in
and Employment may promulgate, to handling grievance the following shall
participate in policy and apply:
decision-making process of the
establishment where they are 1. An employee shall present his
employed insofar as said processes will grievance or complaint orally or in writing
directly affect their right, management to the shop steward. Upon receipt thereof,
councils (LABOR CODE, Art.. 267). the shop steward shall verify the facts and
determine whether or not the grievance is
What is the automatic renewal clause? valid;
2. If the grievance is valid, the shop
The automatic renewal clause provides
steward shall immediately bring the
that the CBA shall remain effective and
compliant to the employee’s immediate
enforceable even after the expiration of
supervisor. The shop steward shall exert
effort to settle the grievance at their level; Union v. Philippine Global
and If no settlement is reached, the Communication, G.R. No. 144315, July
grievance shall be referred to the 17, 2006).
grievance committee which shall have ten
(10) days to decide the case (D.O. No.
40-03, Rule XIX, Sec. 2)
E. UNFAIR LABOR PRACTICES

What is unfair labor practice (ULP)? Who may commit ULP?

Unfair labor practice (ULP) refers to A ULP may be committed by an employer or

acts that violate workers’ right to
by a labor organization (LABOR CODE, Art.
organize. The prohibited acts are
related to workers’ right to 259-260). Differentiate the two (2) aspects of
self-organization and to the observance
of a CBA (Tunay na Pagkakaisa ng ULP.
Manggagawa sa Asia Brewery v. Asia
Brewery, Inc., G.R. No.162025, august
3, 2010).
NATURE, ASPECTS
What is the nature of ULP?
The nature of ULP are as follows:
1. Violet the constitutional right of workers or
employees to self-organization;
2. Are inimical to the legitimate interests
of both labor and management, including
their right to bargain collectively and
otherwise deal with each other in an
atmosphere of freedom and mutual
respect;
1. Disrupt industrial peace; and
2. Criminal offenses against the state
(LABOR CODE, Art. 258).
What is the exception to the general
nature of ULP as being related to the
workers’ right to self- organization and
collective bargaining?
As an exception, the only ULP which may
or not relate to the exercise of the right to
self-organization and collective bargaining
is to dismiss, discharge, or otherwise
prejudice or discriminate an employee for
having given or being about to give
testimony under the labor code (LABOR
CODE, Art. 259(f); Philcom Employees
 Civil Aspect Criminal Aspect
What are the acts considered as ULP
As to Officers and
1. The officer and by employers? (DICY-GUN-TV) The
Persons agent of
agents of
Liable employer; and corporations, unfair labor practices of employers are
Labor associations or
organization, partnership who have the following:
officers and
actually participated
agent in, authorized or 1.To discriminate in regard to
ratified unfair labor wages, hours of works and others
practices ( LABOR terms and conditions of employment
CODE, Art. 259); and in order to encourage or discourage
2. Officers, membership in any labor
members of governing organization (Discrimination);
boards, 2.To interfere with, restrain or
representatives or coerce employees in the exercise of
agents or members of their right to self-organization
labor associations or (Interference);
organizations who
3.To contract out services or
have actually
function being performed by union
participated in,
authorized or ratified members when such will interfere
unfair labor practices with, restrain or coerce employees
(LABOR CODE, Art. in the exercise of their right to
260). self-organization ( Contracting out);
As to Labor Arbiter Regular Courts 4.To require as a condition of
Jurisdiction (LABOR CODE, (LABOR CODE, Art. employment that a person or an
Art. 224) 303) employees shall not join a labor
organization or shall withdraw from
As to Substantial Proof beyond
one to which he belongs (Yellow
Quantum of evidence reasonable doubt
Dog Condition);
Proof
5.To grossly violate a CBA (Gross violation
As to One (1) year One (1) year from the of CBA);
Prescriptive from the accrual of the ULP
6.To initiate, dominate, assist or
Period accrual of ULP however, it will be
otherwise interfere with the
(LABOR suspended once the
CODE, Art. administrative case formation or administration of any
305) has been filed and labor organization, including the
would only continue giving of financial or other support
running once the to it or its organizers or supporters
administrative case (Company-Domination of Union)
has attained finality 7.To pay negotiation or attorney’s
(LABOR CODE, Art. fees to the union or its offers or
258). agents as part of the settlement of
any issue in collective bargaining or
any other dispute (Paid Negotiation);
 1. To dismiss, discharge or Radio Officers Association v. CIR, G.R.
otherwise prejudice or No. L-10095, October 31, 1957).
discriminate against an
When is a violation of the CBA by the
employee for having given or
employer considered a ULP?
being about to give testimony
under this code (Discrimination To constitute ULP, violations of the CBA
because of Testimony); and must be gross. Gross violation of the
2. To violate the duty to bargain CBA means flagrant and/or malicious
collectively as prescribed by this refusal to comply with the economic
Code (Violate of the duty to provisions thereof.
bargain) (LABOR CODE, Art.
259) What is a union security clause?

What does the Totality of Conduct Doctrine A union security clause is a stipulation
provide? in a CBA allowing the parties to require
membership in a recognized collective
The totality of conduct doctrine provide bargaining agent as a condition of
that the culpability of an employer’s employment. It is a discrimination in
remark is to be evaluated not only on favor of unionism; it is a valid kind of
the basis of their implicit implications, discrimination.
but are to be appraised against the
background of and in conjunction with Who may be excluded in the union
collateral circumstances (The Insular security clause?
Life Assurance Co. Ltd. Employees The following may be excluded in a
Association-NATU v. The Insular Life union security clause, and hence
Assurance Co., Ltd., G.R No. L-25291, compulsory membership cannot be
January 30, 1971). enforced:
When is there refusal to bargain? 1. Employees already in the service and
There is refusal to bargain so as to already members of a union other than
constitute an unfair labor practice when the SEBA at the time the union security
the employer refuses to submit an answer agreement took effect;
or reply to the written bargaining 2. employees excluded from the coverage
proposals of the SEBA. While the law of the union security clause per
does not compel the parties to reach an express mutual agreement of the
agreement, it does contemplate that both parties as stipulated in the CBA;
parties will approach the negotiation with
an open and make a reasonable effort to 3. Religious objectors who are bona fide
reach a common ground of agreement members of religious organizations
(Kiok Loy v. NLRC, G.R. No. 54334, which prohibit their members from
January 22, 1986). Failure of the joining labor unions on religious
employer to submit its counter-proposals grounds;
to the demands of the SEBA does not, by 4. Confidential employees who are excluded
itself, constitute refusal to bargain as from the rank-and-file or supervisory
would amount to ULP (Philippine Marine bargaining unit;
5. Supervisory employees excluded from being When is outsourcing not
members of the rank and file union and vise considered ULP? for outsourcing to
versa. be not considered a ULP, it must be:

motivated by good faith; and must not

have been resorted to circumvent the law
What is a closed-shop agreement?
or must not have been the result of
A closed-shop agreement is a valid form malicious or arbitrary action.
of union security, one whereby an
When is there a company union?
employer binds himself to hire only
members of the contracting union who A company union exists when the
must continue to remain members in employer acts to initiate, dominate, assist,
good standing to keep their jobs. or otherwise interfere with the formation
or administration of any labor
What is a run-away shop?
organization, including the giving of
Run-away shop is an unfair labor practice financial or other support to it or its
of the management which usually takes organizers or supporters.
place by effecting the transfer of When is there discrimination of employees?
ownership, the plant itself, or its
equipment and machines or by There is discrimination of employees
temporarily closing its business purposely when benefits or privileges given to one
to bust the union or to evade payment of are not given to the other under similar or
its legitimate obligations. identical conditions when directed to
encourage or discourage union
What is a yellow-dog contract? membership.
A yellow-dog contract is a promise ion a What is surface bargaining?
contract exacted from workers as a
condition of employment that they are not Surface bargaining is defined as going
to belong to, or attempt to foster, a union through the motions of negotiating without
during their period of employment. It is an any legal intent to reach an agreement.
unfair labor practice to require a condition
of employment that a person or an Can a criminal case for ULP precede the
employee shall not join a labor administrative case?
organization or shall withdraw from one to No. To prosecute ULP as a criminal
which he belongs. offense is not possible until after finality of
judgment in the labor case, finding that
What is contracting out?
respondent indeed committed ULP. But
Contracting out means to contract out such a judgment will not serve as
services or functions being performed by evidence of ULP in the criminal case; the
union members when such will interfere criminal charge must be proved
with, restrain or coerce employees in the independently from the labor case.
exercise of their right to self-organization.
BY LABOR ORGANIZATIONS

What are the ULPs of Labor Organizations?

1. to grossly violate a collective bargaining
agreement; Blue-sky bargaining as making
exaggerated or unreasonable
2. To restrain or coerce employees in the
proposals. If the union requires
exercise of the right to self-organization.
exaggerated or unreasonable economic
However, labor organization shall have
demands, it is guilty of ULP.
the right to prescribe its own rules with
respect to the acquisition and retention of What is featherbedding?
membership;
Featherbedding is a ULP of union
3. To ask for or accept negotiation or which causes or attempts to cause an
attorney’s fees from employers as part of employer to pay or deliver or agree to
the settlement of any issue in collective pay or deliver any money or things of
bargaining or any other dispute; value, in the nature of an exaction of
services which are not performed or not
4. To caused or attempt to cause an
to be performed, including the demand
employer to discriminate against an
for a fee for union negotiations.
employee, including discrimination
against an employee with respect to PEACEFUL CONCERTED ACTIVITIES
whom membership in such organization
has been denied or to terminate an What are the forms of concerted activities?
employee on any ground other the usual
1. Strike;
terms and conditions under which
membership or continuation of 2. Picketing.
membership is made available to other
members; What is a strike?

5. To cause or attempt to cause an A strike means any temporary

employer to pay or deliver or agree to pay stoppage of work b y concerted action
or deliver any money or other things of of employees as a result of an industrial
value, in the nature of an exaction, for or labor dispute.
services which are not performed and not Note: Government sector employees,
to be performed, including the demand for though allowed to self-organize, are
fee for union negotiations; and prohibited from declaring or conducting
6. To violate the duty, or refuse to bargain a strike.
collectively with the employer, provided it Who may declare a strike or lockout?
is the representative of the employees.
When does expulsion of an employee Any certified or duly recognized
from a union become a form of bargaining representative may declare
discrimination by the labor a strike in cases of bargaining
organization? deadlocks and unfair labor practices.
The employer may declare a lockout in
A union member may not be expelled the same cases.
from the union, and consequently from
the job, for personal or impetuous
reasons or for causes foreign to the What are the grounds for
closed-shop agreement. strikes/lockouts?
What is blue-sky bargaining? Collective bargaining deadlock; or a ULP
act of the employer or the labor Note: A notice must be served to the
organization. NCMB-DOLE at least 24 hours prior to
What is a slowdown? the taking of strike or lockout vote by
Slowdown is a strike or installment secret balloting, informing said office of
plan. It is also an activity by which the decision to conduct a strike or lockout
workers, without a complete stoppage vote, and the date, place and time
of work, retard production or their thereof.
performance of duties and functions to
compel the management to grant their 4. The strike vote shall be reported to the
demands. NCMB-DOLE Regional branch at least
seven (7) days before the intended strike
When will a “mass leave” be considered a subject to cooling-off period; and
strike? Note: it must be stressed that the
requirements of cooling-off period and
The phrase “mass leave” may refer to a
7-day strike ban must be both complied
simultaneous availment of authorized
with.
leave benefits by a large number of
5. The dispute must not be the subject of
employees in a company.
an assumption of jurisdiction by the
President or the Secretary of Labor and
What are the procedure and substantive Employment, a certification for
requirements of strike? compulsory arbitration, or submission to
compulsory or voluntary arbitration nor a
1. A strike must be based on a valid and factual subject of a pending case involving the
ground, based on either:
same grounds for the strike or lockout.
a. ULP of employer; or
b. Collective bargaining deadlock. Notes: No-strike no lock-out clause in a CBA is
2.Strike notice filed with National Conciliation applicable only to economic strikes.
and Mediation Board:
a. At least 15 days (colling-off
period) before the intended day of
the strike if the issues raised are
ULPs;
b. At least 30 days (cooling-off
period) before the intended date if
the issue involves bargaining
deadlock; or
c. In case of acts constituting union
busting where the existence of the
union is threatened, the 15-day
cooling off period shall not apply.

3. A strike must be approved by a majority

vote of the members of the union by
secret ballot in a meeting called for that
purpose;