REVIEWER ON LABOR RELATIONS

A. RIGHT TO SELF 4. The right to form or join a labor

ORGANIZATION organization necessarily includes the
right to refuse or refrain from
exercising said right. [Reyes v.
RIGHT TO SELF-ORGANIZATION: Trajano, G.R. No. 84433 (1992)]
A FUNDAMENTAL RIGHT
5. The freedom to form organizations
would be rendered nugatory if
Self-organization is a they could not choose their own
fundamental right guaranteed by the leaders to speak on their behalf and
Philippine Constitution and the Labor to bargain for them. [Pan-
Code. Employees have the right to American World Airways, Inc v.
form, join or assist labor organizations Pan-American Employees Association,
for the purpose of collective bargaining G.R. No. L-25094 (1969)]
or for their mutual aid and protection.
[UST Faculty Union v. Bitonio, G.R. No. 6. Recognition of the tenets of the sect
131235 (1999)] should not infringe on the basic
right of self- organization granted
by the Constitution to workers,
INFRINGEMENT OF THE RIGHT TO regardless of religious affiliation.
SELF ORGANIZATION [Kapatiran sa Meat and Canning
Division v. Calleja, G.R. No. 82914
It shall be unlawful for any (1988)]
person to restrain, coerce, discriminate
against or unduly interfere with
employees and workers in their 1. WHO MAY OR MAY NOT
exercise of the right to self-organization EXERCISE THE RIGHT
[Art. 257]
a. All employees
SCOPE OF RIGHT TO SELF- b. Government employees of
ORGANIZATION corporations created under the
1. Right to form, join or assist labor Corporation Code
organizations of their own choosing c. Supervisory Employees
for the purpose of collective d. Aliens with valid working permits
bargaining through representatives e. Security personnel
of their own choosing [Art. 257].
(a) All Employees
2. Right to engage in lawful
All persons employed in
concerted activities for the same
purpose (collective bargaining) or commercial, industrial and agricultural
for their mutual aid and protection enterprises and in religious, charitable,
[Art. 257] medical or educational institutions,
whether operating for profit or not,
3. The right of any person to shall have the right to self-organization
join an organization also includes and to form, join or assist labor
the right to leave that organization organizations of their own choosing
and join another one. [Heritage Hotel for purposes of collective bargaining.
Manila v. PIGLAS- Heritage, G.R. (Presumes an employer-employee
No. 177024 (2009)]
relationship)
 REVIEWER ON LABOR RELATIONS

Ambulant, intermittent and

All government employees can
itinerant workers, self-employed people,
form, join or assist employees’
rural workers and those without any
organizations of their own choosing for
definite employers may form labor
the furtherance and protection of their
organizations for their mutual aid
interests. They can also form, in
and protection. [Art. 253]
conjunction with appropriate
Employees of non-profit government authorities, labor-
organizations are now permitted to form, management committees, work
organize or join labor unions of their councils and other forms of workers’
choice for purposes of collective participation schemes to achieve the
bargaining [FEU-Dr. Nicanor Reyes same objectives. [E.O. 180, Sec. 2 (1987)]
Medical Foundation Inc. v. Trajano, G.R.
No. 76273 (1987)] (c) Supervisory Employees

Any employee, whether employed Supervisory employees are those

for a definite period or not, shall, who, in the interest of the
beginning on his first day of service, be employer, effectively recommend
considered an employee for such managerial actions if the exercise
purposes of membership in any labor of such authority is not merely
union. [Art. 292(c)] routinary or clerical in nature but
requires the use of independent
(b) Government employees of judgment. [Art. 219(m)]
corporations created under the
Corporation Code
What is essential is the
The right to self-organization nature of the employee’s function
shall not be denied to government and not the nomenclature or title
employees. [Sec. 2(5), Art. IX-B, given to the job which determines
Constitution] whether the employee has rank-and-
file or managerial status or whether
Employees of government he is a supervisory employee.
corporations established under the [Tagaytay Highlands International Golf
Corporation Code shall have the right Club, Inc. v. Tagaytay Highlands
to organize and to bargain Employees Union-PTGWO, G.R. 142000
collectively with their respective (2003)]
employers.
(d) Aliens with valid working permits
All other employees in the civil
General Rule: All aliens, natural or
service shall have the right to form
juridical, [ … ] are strictly prohibited
associations for purposes not contrary
from engaging directly or indirectly in
to law. [Art. 254]
all forms of trade union activities. [Art.
284]
 REVIEWER ON LABOR RELATIONS

EXCEPTION: Aliens may exercise the

right to self-organization and join or assist
labor unions for purposes of collective Ineligibility of Managerial Employees;
bargaining, provided the following requisites Rights of Supervisory Employees
are fulfilled:
Managerial employees are not
1. With valid working permits issued by eligible to join, assist or form any labor
the DOLE; and organization. [Art. 255]
2. They are nationals of a country
which grants the same or similar rights to
Supervisory employees shall not be
Filipino workers [Art. 284]
a. As certified by DFA; OR eligible for membership in the collective
b. Has ratified either ILO Conventions bargaining unit of the rank-and-file
No. 87 and 98 [Sec. 2, Rule II, Book V, employees but may join, assist or form
IRR] separate collective bargaining units
and/or legitimate labor organizations of
(e) Security personnel their own. The rank and file union and
The security guards and other the supervisors' union operating within
personnel employed by the security service the same establishment may join the same
contractor shall have the right: federation or national union.

1. To form, join, or assist in the formation of Rationale:

a labor organization of their own choosing Supervisory employees, while in
for purposes of collective bargaining and the performance of supervisory
2. To engage in concerted activities which functions, become the alter ego of the
are not contrary to law including the
right to strike. [D.O. No. 14 Series of management in the making and the
2001 (Guidelines Governing the implementing of key decisions at the
Employment and Working Conditions of sub-managerial level. Certainly, it
Security Guards and Similar Personnel in would be difficult to find unity or
the Private mutuality of interests in a bargaining
Security Industry)] unit consisting of a mixture of rank-
and-file and supervisory employees.
On Dec. 24, 1986, President Corazon [Toyota Motor Phil. Corp. v. Toyota Motor
Aquino issued EO No. 111 which Phil. Corp. Labor Union, G.R. No. 121084
eliminated the provision which made (1997)]
security guards ineligible to join any labor
organization. In 1989, Congress passed RA
6715 which also did not impose limitations SUPERVISOR AND RANK AND
FILE UNION AFFILIATION
on the ability of security guards to join
labor organizations. Thus, security guards
The rank and file union and the
“may now freely join a labor organization of supervisors’ union operating within the
the rank-and-file or that of the supervisory same establishment may join the same
union, depending on their rank.” [Manila federation or national union. [Art. 255]
Electric Co. v. SOLE, G.R. No. 91902 (1991)]
 REVIEWER ON LABOR RELATIONS

a. DOCTRINE OF NECESSARY
IMPLICATION
While Art. 245 [now 255] of the
Labor Code singles out managerial
employees as ineligible to join, assist or CONFIDENTIAL INFORMATION:
form any labor organization, under the MUST RELATE TO LABOR
doctrine of necessary implication, RELATIONS AND NOT FROM A
confidential employees are BUSINESS STANDPOINT
similarly disqualified. This doctrine
states that what is implied in a statute is An employee must assist or act in a
as much a part thereof as that which is confidential capacity and obtain
expressed. [Metrolab Industries Inc. v. confidential information relating to
Roldan-Confessor, G.R. No. 108855 labor relations policies. Exposure to
(1996)] internal business operations of the
company is not per se a ground for the
exclusion in the bargaining unit. [Coca-
NATURE OF ACCESS TEST
Cola Bottlers v. IPTEU,
Confidential employees, by the G.R. No. 193798 (2015)]
nature of their functions, assist and
act in a confidential capacity to, or
have access to confidential matters of,
persons who exercise managerial Rationale of Exclusion of Confidential
Employees
functions in the field of labor relations.
Requisites If confidential employees could
1. The confidential relationship must unionize in order to bargain for
exist between the employees advantages for themselves, then they
and his supervisor, and could be governed by their own
motives rather than the interest of the
2. The supervisor must handle the
prescribed responsibilities relating employers.
to labor relations. [San Miguel
Supervisors and Exempt Union v. Moreover, unionization of
Laguesma, G.R. No. 110399 confidential employees for the
(1997)] purpose of collective bargaining
would mean the extension of the law
FUNCTION TEST: to persons or individuals who are
NOMENCLATURE IS NOT supposed to act in the interest of the
CONTROLLING employers. It is not far-fetched that in
the course of collective bargaining,
they might jeopardize that interest
The mere fact that an employee is
which they are duty bound to protect.
designated “manager” does not ipso
[Metrolab Industries Inc. v. Roldan-
facto make him one. Designation
Confessor, G.R. No. 108855 (1996)]
should be reconciled with the actual
job description of the employee. [Paper
Industries Corp. of the Philippines.
v. Laguesma, G. R. No.101738 (2000)]
 REVIEWER ON LABOR RELATIONS

OTHER PEOPLE WHO CANNOT FORM, Exception: Employees who withdrew

JOIN OR ASSIST LABOR their membership from the cooperative
ORGANIZATIONS are entitled to form or join a labor union
for the negotiations of a Collective
(a) New Employees Bargaining Agreement. [Central Negros
Electric Cooperative, Inc. v. DOLE,
[Persons who] are not G.R. No. 94045 (1991)]
employees of [a company] are not
entitled to the constitutional right to (c) Employees of International
join or form a labor organization for Organizations
purposes of collective bargaining.
[ … ] The question of whether International organizations are
employer-employee relationship exists is endowed with some degree of
a primordial consideration before international legal personality. They are
extending labor benefits under the granted jurisdictional immunity, as
workmen's compensation, social provided in their organization’s
security, Medicare, termination pay and constitutions, to safeguard them from
labor relations law. [Singer Sewing the disruption of their functions.
Machine Co. v. Drilon,
G.R. No. 91307, 1991] Immunity [ … ] is granted to
avoid interference by the host country
But employees of the contractor in their internal workings. The
can still form a labor union; the labor determination [by the executive
union can be established to bargain with branch] has been held to be a
the contractor but not with the principal political question conclusive upon the
employer. [Prof. Battad] Courts in order not to embarrass
apolitical department of
(b) Employee-member of a Cooperative Government. [Hence], a certification
election cannot be conducted in an
General Rule: international organization to which
the Philippine Government has granted
An employee of a cooperative who
is a member and co-owner thereof immunity from local jurisdiction.
cannot invoke the right to collective [International Catholic Migration
bargaining for certainly an owner Commission v. Calleja, G.R. No. 85750
cannot bargain with himself or his co- (1990)]
owners. [Batangas-Electric Cooperative
Labor Union v. Romeo A. Young,
G.R. No. 62386 (1988)] (d) Members of the AFP, Policemen,
Police Officers, Firemen, and Jail
Irrespective of the degree of their Guards
participation in the actual management
Members of the AFP,
of the cooperative, all members thereof
Policemen, Police Officers, Firemen
cannot form, assist or join a labor
and Jail Guards are expressly
organization for the purpose of
excluded by EO 180, Sec. 4 from the
collective bargaining. [Benguet Electric
coverage of the EO 180 which
Cooperative v. Ferrer-Calleja, G.R. No.
provides guidelines for the exercise of
79025 (1989)]
the right to organize of government
employees.
 REVIEW ER ON LABOR RELATIONS

SUMMARY - Who Cannot Form, Join or oppressive fine and forfeiture be imposed. [Art.
Assist Labor Organizations 250(e)]
a. Managerial employees
Prohibition on subversive activities or
b. Confidential employees
membership
c. Non-employees No labor organization shall knowingly admit as
d. Member-employee of a cooperative
members or continue in membership any
e. Employees of international organizations
individual who:
f. High-level government employees 1. Belongs to a subversive organization; or
g. Members of the AFP, police officers, 2. Who is engaged directly or indirectly in any
policemen, firemen and jail guards subversive activity;
2. Commingling or Mixture of Unions cannot arbitrarily exclude qualified
Membership applicants
Unions are not entitled to arbitrarily exclude
Effect of Inclusion of Employees Outside
qualified applicants for membership, and a
the Bargaining Unit or Commingling closedshop provision would not justify the
General Rule: It shall not be a ground for the
employer in discharging, or a union in insisting
cancellation of the registration of the union. upon the discharge of, an employee whom the
Said employees are automatically deemed union thus refuses to admit to membership,
removed from the list of membership of said without any reasonable ground therefor.
union. [Art. 256]
Needless to say, if said unions may be
compelled to admit new members, who have
Exception: Unless such mingling was brought the requisite qualifications, with more reason
about by misrepresentation, false statement or may the law and the courts exercise the
fraud under Art. 247 (Grounds for cancellation coercive power when the employee involved is
of Union Registration) of the Labor Code. a long-standing union member, who, owing to
[SMCC-Super v. Charter Chemical and provocations of union officers, was impelled to
Coating Corporation, G.R. No. 169717 (2011)] tender his resignation which he forthwith
withdrew or revoked. [Salunga v. CIR, G.R.
3. Rights and Conditions of No. L-22456 (1967)]
Membership
Members who seek destruction of union
a. Nature of Relationship lose right to remain as members
Inherent in every labor union, or any
i. Member-Labor Union organization for that matter, is the right of self-
preservation. When members of a labor union,
The nature of the relationship between the therefore, sow the seeds of dissension and
union and its members is fiduciary in nature, strife within the union; when they seek the
which arises from the dependence of the
disintegration and destruction of the very union
employee on the union, and from the
to which they belong, they thereby forfeit their
comprehensive power vested in the union with
rights to remain as members of the union which
respect to the individual. The union may be
they seek to destroy. [Villar v. Inciong, G.R. No.
considered but the agent of its members for the
L-50283-84 (1983)]
purpose of securing for them fair and just
wages and good working conditions. [Heirs of ii. Labor Union-Federation
Cruz v. CIR, G.R. No. L-23331-32 (1969)]
Local unions do not owe their creation and
Admission and Discipline of Members
existence to the national federation to which
No arbitrary or excessive initiation fees shall be
they are affiliated but, instead, to the will of their
required of the members of a legitimate labor
members, [ … ] The local unions remain the
organization nor shall arbitrary, excessive or
 REVIEW ER ON LABOR RELATIONS

basic units of association, free to serve their

own interests subject to the restraints imposed The chapter shall be entitled to all other rights
by the constitution and by-laws of the national and privileges of a legitimate labor organization
federation, and free also to renounce the only upon the submission of the following
affiliation upon the terms laid down in the documents in addition to its charter certificate:
agreement which brought such affiliation into 1. The names of the chapter's officers, their
existence. [Philippine Skylanders, Inc. v. addresses, and the principal office of the
NLRC, G.R. No. 127374 (2002)] chapter; and
2. The chapter's constitution and by-laws:
Union Chartering Provided, That where the chapter's
Affiliate constitution and by-laws are the same as
An independent union affiliated with a that of the federation or the national union,
federated, national union or a chartered local this fact shall be indicated accordingly.
which was subsequently granted independent
registration but did not disaffiliate from its The additional supporting requirements shall
federation, reported to the Regional Office and be:
the Bureau in accordance with Rule III, Secs. 6 1. Certified under oath by:
and 7 [Sec. 1(b), Rule I, Book V, IRR] a. Secretary; or
b. Treasurer
Independent Union 2. Attested by: Its president [Art. 241]
A labor organization operating at the enterprise
level that acquired legal personality through Lesser requirements for Chartered locals
independent registration under Art. 234 of the The intent of the law in imposing less
Labor Code and Rule III, Sec. 2-A [Sec. 1(x), requirements in the case of a branch or local of
Rule I, Book V] a registered federation or national union is to
encourage the affiliation of a local union with a
National Union or Federation federation or national union in order to increase
A group of legitimate labor unions in a private the local unions’ bargaining powers respecting
establishment organized for collective terms and conditions of labor. [SMCEU-
bargaining or for dealing with employers PTGWO v. SMPEU-PDMP, G.R. No. 171153
concerning terms and conditions of (2007)]
employment for their member union or for
participating in the formulation of social and Trade Union Centers cannot create locals
employment policies, standards and programs, or chapters
registered with the BLR in accordance with Art. 241 mentions only “a duly registered
Rule III Sec. 2-B [Sec. 1(ll), Rule I, Book V, federation or national union.”
IRR]
The solemn power and duty of the Court to
Chartered Local (Local Chapter) interpret and apply the law does not include the
A labor organization in the private sector power to correct by reading into the law what is
operating at the enterprise level that acquired not written therein. [SMCEU-PTGWO v.
legal personality through registration with SMPEU-PDMP, G.R. No. 171153 (2007)]
Regional Office [Sec. 1(j), Rule I, Book V, IRR]
National Union or Federation v. Trade
A duly registered federation or national union Unions
may directly create a local chapter by issuing a National Union or
Trade Unions
charter certificate indicating the establishment Federation
of the local chapter. The chapter shall acquire With at least ten Composed of a
legal personality only for purposes of filing a (10) locals or group of registered
petition for certification election from the date it chapters (or national unions or
was issued a charter certificate. independent unions federations
 REVIEW ER ON LABOR RELATIONS

[Sec. 2-B(5), Rule Mere affiliation does not divest the local union
III, Book V, IRR], of its own personality, neither does it give the
each of which must mother federation the license to act
be a duly independently of the local union. It only gives
recognized rise to a contract of agency, where the former
collective bargaining acts in representation of the latter. Hence, local
agent [Art. 244] unions are considered principals while the
Can directly create Cannot directly federation is deemed to be merely their agent.
local chapter [Art. create local chapter [Insular Hotel Employees Union NFL v.
241] [SMCEU-PTGWO v. Waterfront Insular Hotel, G.R. No. 174040-41
SMPEU-PDMP, (2010)]
G.R. No. 171153
(2007)]
(a) Disaffiliation
Purpose of Affiliation
To foster the free and voluntary organization of In the absence of specific provisions in the
a strong and united labor movement [Art. 218- federation’s constitution prohibiting
A(c)] disaffiliation or the declaration of autonomy of
a local union, a local may dissociate with its
The sole essence of affiliation is to increase, by parent union. [Malayang Manggagawa sa M.
collective action, the common bargaining Greenfield v. Ramos, G.R. No. 113907 (2000)]
power of local unions for the effective
enhancement and protection of their interests. Local unions have the right to separate from
Admittedly, there are times when without their mother federation on the ground that as
succor and support local unions may find it separate and voluntary associations, local
hard, unaided by other support groups, to unions do not owe their creation and existence
secure justice for themselves. [Philippine to the national federation to which they are
Skylanders, Inc. v. NLRC, G.R. No. 127374 affiliated but, instead, to the will of their
(2002)] members. [Philippine Skylanders, Inc. v.
NLRC, G.R. No. 127374 (2002)]
Nature of Relationship: Agency
The mother union, acting for and on behalf of A local union is free to serve the interests of all
its affiliate, had the status of an agent while the its members, including the freedom to
local union remained the basic unit of the disaffiliate or declare its autonomy from the
association, free to serve the common interest federation to which it belongs when
of all its members subject only to the restraints circumstances warrant, in accordance with the
imposed by the constitution and by-laws of the constitutional guarantee of freedom of
association. [...] The same is true even if the association. [Malayang Samahan ng mga
local is not a legitimate labor organization. Manggagawa sa M. Greenfield, Inc. v. Ramos,
[Filipino Pipe and Foundry Corp v. NLRC, G.R. G.R. No. 113907 (2000)]
No. 115180 (1998)]
Period of Disaffiliation
Effect of Affiliation Generally, a labor union may disaffiliate from
Inclusion of [the federation’s initials] in the the mother union to form a local or independent
registration is merely to stress that they are its union only during the 60-day freedom period
affiliates at the time of registration. It does not immediately preceding the expiration of the
mean that said local unions cannot stand on CBA. However, even before the onset of the
their own. [Adamson v. CIR, G.R. No. L-35120 freedom period, disaffiliation may be carried
(1984)] out when there is a shift of allegiance on the
part of the majority of the members of the
union. [Alliance of Nationalist and Genuine
 REVIEW ER ON LABOR RELATIONS

Labor Organization v. Samahan ng mga The “substitutionary” doctrine provides that the
Manggagawang Nagkakaisa sa Manila Bay employees cannot revoke the validly executed
Spinning Mills, G.R. No. 118562 (1996)] collective bargaining contract with their
employer by the simple expedient of changing
[A] local union which has affiliated itself with a their bargaining agent.
federation is free to sever such affiliation
anytime and such disaffiliation cannot be It is in the light of this that the phrase “said new
considered disloyalty. [Malayang Manggagawa agent would have to respect said contract”
sa M. Greenfield v. Ramos, G.R. No. 113907 must be understood. It only means that the
(2000)] employees, thru their new bargaining agent,
cannot renege on their collective bargaining
Effect of Disaffiliation contract, except of course to negotiate with
On legal personality management for the shortening thereof.
A registered independent union retains its legal [Benguet Consolidated v. BCI Employees and
personality while a chartered local loses its Workers Union-PAFLU, G.R. No. L-24711
legal personality unless it registers itself. (1968)]

No effect on CBA Conditions to apply the doctrine

A disaffiliation does not disturb the 1. Change of bargaining agent (through
enforceability and administration of a collective affiliation, disaffiliation, or other means);
agreement; it does not occasion a change of and
administrators of the contract nor even an 2. Existing CBA with the previous bargaining
amendment of the provisions thereof. agent [Benguet Consolidated v. BCI
[Volkschel Labor Union v. BLR, No. L-45824 Employees and Workers Union-PAFLU,
(1985)] G.R. No. L-24711 (1998)]

Obligation to pay union dues is Effects

coterminous with membership 1. New bargaining agent cannot revoke and
“The employees’ check-off authorization, even must respect the existing CBA; and
if declared irrevocable, is good only as long as 2. It may negotiate with management to
they remain members of the union concerned”. shorten the existing CBA’s lifetime.
A contract between an employer and the
parent organization as bargaining agent for the
employees is terminated by the disaffiliation of B. BARGAINING UNIT
the local of which the employees are members.
[Volkschel Labor Union v. BLR, No. L-45824
(1985)] Definition
“Bargaining Unit” refers to a group of
Power to represent principal severed
employees sharing mutual interests within a
By [the local union’s disaffiliation from the
given employer unit, comprised of all or less
federation], the vinculum that previously bound than all of the entire body of employees in the
the two entities was completely severed. [The employer unit or any specific occupational or
federation] was divested of any and all power geographical grouping within such employer
to act in representation of the union. Thus, any unit. [Sec. 1(e), Rule I, Book V, IRR]
act performed by [the federation] affecting the
interests and affairs of the [local union] is It is a group of employees of a given employer,
rendered without force and effect. [ANGLO v. comprised of all or less than all of the entire
Samana, G.R. No. 118562 (1996)] body of employees, which the collective
interests of all the employees indicate to be
(b) Substitutionary Doctrine best suited to serve reciprocal rights and duties
of the parties consistent with equity to the
 REVIEW ER ON LABOR RELATIONS

employer. [Belyca Corp. v. Calleja, G.R. No. University v. DLSU Employees Association EA,
77395 (1988) citing Rothenberg] G.R. No. 109002, (2000)]

Functions of an Appropriate Bargaining Rationale

Unit A prior agreement as to the exclusion of
1. An ELECTORAL DISTRICT. – It marks the monthly-paid rank-and-file employees from the
boundaries of those who may participate in bargaining union of the daily-paid rank-and-file
a certification election. can never bind subsequent federations and
2. An ECONOMIC UNIT. – They are a group unions. as employees were not privy to that
of employees with community of interests. agreement. And even if [they were privy, it can
3. A SOVEREIGN BODY. – It selects the sole never bind subsequent federations and unions
and exclusive bargaining agent. because it is a curtailment of the right to self-
organization guaranteed by the labor laws
Role of a bargaining unit [General Rubber & Footwear Corp. v. BLR,
The labor organization designated or selected G.R. No. 74262 (1987)]
by the majority of the employees in an
appropriate collective bargaining unit shall be Corporate Entities
the exclusive representative of the employees General Rule: Two companies having
in such unit for the purpose of collective separate juridical personalities shall NOT be
bargaining. [Art. 267] treated as a single bargaining unit. [Diatagon
Labor Federation Local v. Ople, G.R. No. L-
Right of individual or group of employees to 44493-94 (1980)]
present grievances
An individual employee or group of employees Exception: Pervasive Unitary Aspect of
shall have the right at any time to present Management Doctrine
grievances to their employer. [Art. 267] The cross-linking of the agencies’ command,
control, and communication systems indicate
CBA Coverage their unitary corporate personality. Accordingly,
It is a well-settled doctrine that the benefits of a the veil of corporate fiction [...] should be lifted
collective bargaining agreement extend to the for the purpose of allowing the employees of
laborers and employees in the collective the three agencies to form a single labor union.
bargaining unit, including those who do not A settled formulation of the doctrine of piercing
belong to the chosen bargaining labor the corporate veil is that when two business
organization. [Mactan Workers Union v. enterprises are owned, conducted, and
Aboitiz, G.R. No. L-30241 (1972)] controlled by the same parties, both law and
equity will, when necessary to protect the rights
Note: An employee employed, whether for a of third parties, disregard the legal fiction that
definite period is not, is an EE for purposes of these two entities are distinct and treat them as
joining a union [Art. 292(c)]. But, whether or not identical or as one and the same. [Ang Lee v.
a union member, an EE part of the CBU is Samahang Manggagawa ng Super
entitled to CBA benefits unless excluded under Lamination, G.R. No. 193816 (2016)]
the CBA.
Determining whether or not to establish
Effect of Prior Agreement separate bargaining units
A prior CBA excluding a group of employees The fact that the businesses are related, that
from the bargaining unit of rank-and-file some of the employees are the same persons
employees does not bar the parties from working in the other company and the physical
renewing the existing CBA and proposing and plants, offices and facilities are in the same
discussing modifications or amendments compound are NOT sufficient to justify piercing
thereto during the freedom period. [De La Salle the corporate veil. [Indophil Textile Mills
 REVIEW ER ON LABOR RELATIONS

Workers Union v. Calica, G.R. No. 96490 the several categories to select the group
(1992)] which each chooses as a bargaining unit.
[Kapisanan ng mga Manggagawa sa Manila
Spun-off corporations Road Co. v. Yard Crew Union, G.R. Nos. L-
The transformation of the companies is a 16292-94 (1960)]
management prerogative and business
judgment which the courts cannot look into Rationale: Highly skilled or specialized
unless it is contrary to law, public policy or technical workers may choose to form their
morals. [...] Considering the spin-offs, the own bargaining unit because they may be in
companies would consequently have their better position to bargain with the employer
respective and distinctive concerns in terms of considering the market value of their skills.
the nature of work, wages, hours of work and
other conditions of employment. [...] The nature Community or Mutuality of Interests
of their products and scales of business may The basic test in determining the appropriate
require different skills, volumes of work, and bargaining unit is that a unit, to be appropriate,
working conditions which must necessarily be must affect a grouping of employees who have
commensurate by different compensation substantial, mutual interests in wages, hours,
packages. [San Miguel Union v. Confesor, working conditions, and other subjects of
G.R. No. 111262 (1996)] collective bargaining. [UP v. Ferrer-Calleja,
G.R. No. 96189, (1992)]
TEST TO DETERMINE THE CONSTITUENCY
OF AN APPROPRIATE BARGAINING UNIT – Rationale: There are greater chances of
4 Factors: success for the collective bargaining process.
1. Will of the Employees (Globe Doctrine) The bargaining unit is designed to maintain the
2. Affinity and unity of employees’ interest mutuality of interest among the employees in
(Substantial Mutual Interests Rule) such unit.
3. Prior collective bargaining history
4. Employment status [Democratic Labor When the interest between groups has
Association v. Cebu Stevedoring Co. Inc, changed over time, there is reason to dissolve,
G.R. No. L-10321 (1958); University of the change or expand a certain bargaining unit.
Philippines v. Ferrer-Calleja, G.R. No.
96189 (1992)] Prior Collective Bargaining History
The existence of a prior collective bargaining
Note: Where the employment status was not at history is neither decisive nor conclusive in the
issue but the nature of work of the employees determination of what constitutes an
concerned; the Court stressed the importance appropriate bargaining unit. [Sta. Lucia East
of the 2nd factor. [Belyca Corp. v. Calleja, G.R. Commercial Corporation v. SOLE, G.R. No.
No. 77395 (1988)] 162355 (2009)]

Other factors: Employment Status

1. Geography and Location Among the factors to be considered [is the]
2. Policy of avoiding fragmentation of the employment status of the employees to be
bargaining unit affected [regular, casual, seasonal,
probationary, etc.], that is the positions and
Globe Doctrine categories of work to which they belong [....]
A practice designated as the “Globe doctrine,” [Belyca Corp. v. Calleja, G.R. No. 77395
sanctions the holding of a series of elections, (1988)]
not for the purpose of allowing the group
receiving an overall majority of votes to Geography and Location
represent all employees, but for the specific Geography and location only play a significant
purpose of permitting the employees in each of role if:
 REVIEW ER ON LABOR RELATIONS

a. The separation between the camps [...] and

the different kinds of work in each [...] all
militate in favor of the system of separate C. BARGAINING
bargaining units; REPRESENTATIVE
b. [When] the problems and interests of the
workers are peculiar in each camp or
The labor organization designated or selected
department;
by the majority of the employees in an
c. The system of having one collective appropriate collective bargaining unit shall be
bargaining unit in each camp [...] [has the exclusive representative of the employees
operated satisfactorily in the past.] in such unit for the purpose of collective
[Benguet Consolidated Inc. and Balatok bargaining. [Art. 267]
Mining Co. v. Bobok Lumberjack
Association, G.R. No. L-11029 (1958)] Labor Management Council
Any provision of law to the contrary
Policy of Avoiding Fragmentation of the
notwithstanding, workers shall have the right:
Bargaining Unit
a. To participate in policy and decision-
It bears noting that the goal of the DOLE is
making processes of the establishment
[geared] towards “a single employer wide unit where they are employed insofar as said
which is more to the broader and greater processes will directly affect their rights,
benefit of the employees working force.” benefits and welfare.
b. To form labor-management councils, for
The philosophy is to avoid fragmentation of the this purpose [Art. 267]
bargaining unit so as to strengthen the
employees’ bargaining power with the Selection of Representatives
management. To veer away from such goal In organized establishments,
would be contrary, inimical and repugnant to • the workers’ representatives to the council
the objectives of a strong and dynamic shall be nominated by the exclusive
unionism. [Phil. Diamond Hotel and Resort Inc bargaining representative.
v. Manila Diamond Hotel and Employees
In establishments where no legitimate labor
Union, G.R. No. 158075 (2006)]
organization exists,
• the workers representative shall be elected
Confidential employees lumped with
management directly by the employees at large. [Sec. 2,
Since the confidential employees are very few Rule XXI, Book V, IRR]
in number and are, by practice and tradition, Qualification of Voters
identified with the supervisors in their role as
Eligible Voter
representatives of management, such identity
Eligible voter refers to a voter belonging to the
of interest has allowed their inclusion in the
appropriate bargaining unit that is the subject
bargaining unit of supervisors-managers for
of the petition for certification election [Sec.
purposes of collective bargaining in turn as
1(q), Rule VIII, Book V, IRR]
employees in relation to the company as their
employer. [Filoil Refinery Corp. v. Filoil All employees who are members of the
Supervisory and Confidential Employees appropriate bargaining unit three (3) months
Union, G.R. No. L-26736 (1972)] prior to the filing of the petition shall be eligible
to vote. [Sec. 6, Rule IX, Book V, IRR]

Note: Rule VIII, Sec. 14 (f) and Rule IX, Sec. 6

refer to employees as those employed 3
months prior to the issuance of the order/the
filing of the petition for certification election
 REVIEW ER ON LABOR RELATIONS

while Rule IX, Sec. 2 reckon the period of Non-participation in previous election has
employment from the “time of filing the no effect
petition”. This difference has not been resolved [Failure to take part in previous elections is no
in any case before the Supreme Court. bar to the right to participate in future elections.]
No law, administrative rule or precedent
All rank and file employees in the appropriate prescribes forfeiture of the right to vote by
bargaining unit, whether probationary or reason of neglect to exercise the right in past
permanent are entitled to vote. The Code certification elections. [Reyes v. Trajano, G.R.
makes no distinction as to their employment No. 84433 (1992)]
status. [...] All they need to be eligible to
support the petition is to belong to a bargaining 1. Determination of Representation
unit. [Airtime Specialists, Inc. v. Ferrer-Calleja, Status
G.R. No. 80612-16 (1990)]
Methods of Establishing Majority Status
Rationale for Non-Distinction Policy a. Sole and Exclusive Bargaining Agent
Collective bargaining covers all aspects of the (SEBA) Certification
employment relation and the resultant CBA b. Consent Election
binds all employees in the bargaining unit. All c. Certification Election
rank and file employees, probationary or d. Run-Off Election
permanent, have a substantial interest in the e. Re-Run election
selection of the bargaining representative.
[Airtime Specialists, Inc. v Ferrer-Calleja, Note: D.O. No. 40-I-15 replaced Voluntary
supra.] Recognition with SEBA certification, as of
September 7, 2015.
Dismissed employees [Sec. 6, Rule IX, Book
V, IRR] a. SEBA Certification
General Rule: [Dismissed] employees [who]
contested legality of the dismissal in a forum of PROCEDURE [RULE VII, BOOK V, IRR]
appropriate jurisdiction at the time of the 1. File Request for SEBA Certification [Sec.
issuance of the order for conduct of a 1]
certification election
Who: Any legitimate labor organization
Exception: Dismissal was declared valid in a
final judgment at the time of the conduct of the File where: Regional Office which issued
certification election. its certificate of registration or certificate of
creation of chartered local
Disagreement over voters’ list over
eligibility of voters 2. Indicate in the request [Sec. 2]:
All contested voters shall be allowed to vote a. Name and address of the requesting
[but] their votes shall be segregated and sealed legitimate labor organization;
in individual envelopes. [Sec. 6, Rule IX, Book b. Name and address of the company
V, IRR] where it operates;
c. Bargaining unit sought to be
Voting List and Voters
represented;
The basis of determining voters may be agreed
d. Approximate number of employees in
upon by the parties (i.e. the use of payroll).
the bargaining unit; and
[Acoje Workers Union v. NAMAWU, G.R. No. e. Statement of the existence/non-
L-18848 (1963)] existence of other labor
organization/CBA.
 REVIEW ER ON LABOR RELATIONS

Certificate of Duly Certified by certification shall be referred to the election

officer for the conduct of election pursuant
Registration President of to Rule IX of this rules.
requesting union
Note: If there is more than one Legitimate
Creation of chartered President of the Labor Organization, Art. 269 applies
local local federation of
the local If Organized Establishment [Sec. 6]
If the Regional Director finds the establishment
organized he/she shall refer it to the mediator-
Both certificates should be attached to the
arbitrator for determination and propriety of
request conducting a certification election.
3. Regional Director shall act on the request
4. Regional Director shall act on the
[Sec. 3]
submission [Sec. 4.1]
When: Within one (1) day from submission
of request Incomplete The request shall be
requirements referred to Election Officer
Action: for the conduct of election
a. Determine whether request is pursuant to Rule IX.
compliant with Sec. 2 and whether the
bargaining unit sought to be Complete Regional Director shall
represented is organized or not; and requirements issue a certification as
b. Request a copy of the payroll SEBA

If the Regional Director finds it deficient, 5. Regional Director shall post the SEBA
he/she shall advise the requesting union or Certification [Sec. 4.1]
local to comply within ten (10) days from
notice. Failure to comply within the Period: Fifteen (15) consecutive days
prescribed period shall be deemed
withdrawal of the request. Where: At least two (2) conspicuous
places in the establishment or covered
If Unorganized Establishment [Sec. 4] bargaining unit.
a. Finding of only 1 legitimate labor
organization – Regional Director shall call EFFECT OF SEBA CERTIFICATION [Sec.
a conference within five (5) working days 4.2]
for the SUBMISSION of: Upon the issuance of the [SEBA Certification],
1. Names of employees in the covered the certified union or local shall enjoy all the
bargaining unit who signify support for rights and privileges of an exclusive bargaining
certification; [and these] employees
agent of all the employees in the covered
comprise at least majority of the
bargaining unit.
number of employees in the covered
bargaining unit; and The certification shall bar the filing of a [PCE]
2. Certification under oath by the by any labor organization for a period of one (1)
president of the requesting union or year from the date of its issuance.
local that all documents submitted are
true and correct based on personal Upon expiration of this one-year period, any
knowledge legitimate labor organization may file a [PCE]
b. Failure to Complete Requirements for in the same bargaining unit represented by the
SEBA Certification - the request for SEBA certified labor organization, unless a [CBA]
between the employer and the certified labor organization. [Reyes v. Trajano, G.R. No.
organization was executed and registered with 84433 (1992)]
the Regional Office in accordance with Rule
XVII. BARS TO A CERTIFICATE ELECTION
Petition for certification may be filed:
b. Consent Election General Rule: Anytime
Exceptions:
Consent Election means the election 1. One-year bar rule
voluntarily agreed upon by the parties with or 2. Negotiation bar rule
without the intervention by DOLE [Sec. 1(i), 3. Deadlock bar rule
Rule I, Book V, IRR] 4. Contract bar rule

Procedure [Sec. 11, Rule VIII, Book V, IRR] See Grounds for denying a Petition for
1. The parties may agree to hold a consent Certification Election
election
a. Where no petition for certification (1) One-Year Bar Rule
election was filed; or
b. Where a petition for certification No certification election may be held within 1
election had been filed, and upon the year from the time a valid certification, consent
intercession of Med-Arbiter [Sec. 25, or run-off election has been conducted within
Rule VIII, Book V, IRR] the bargaining unit.
2. Mediator-Arbiter shall call for the consent
election, reflecting the parties’ agreement [If the order of the Med-Arbiter certifying the
and the call in the minutes of the results of the election has been appealed], the
conference. Regional Director or running of the one-year period shall be
authorized representative shall determine suspended until the decision on the appeal
becomes final and executory. [Sec. 3(a), Rule
the Election Officer by raffle in the
presence of representatives of the VIII, Book V]
contending unions if they so desire
3. First pre-election conference is scheduled Note: This bar also applies to a SEBA
within ten (10) days from the date of the Certification under Rule VII. “The certification
agreement. Subsequent conferences may shall bar the filing of a petition for certification
be called to expedite and facilitate the election by any labor organization for a period
holding of the consent election. of one (1) year from the date of its issuance.”
[Sec. 4.2, Rule VII, Book V, IRR]
c. Certification Election
(2) Negotiation Bar Rule
Certification Election is the process of
determining, through secret ballot, the sole and No certification of election may be filed when:
exclusive representative of the employees in 1. Within 1 year after the valid certification
an appropriate bargaining unit for purposes of election
collective bargaining or negotiation. [Sec. 1(i), 2. The DULY CERTIFIED union has
Rule I, Book V, IRR] COMMENCED AND SUSTAINED
negotiations in good faith with the employer
PURPOSE 3. In accordance with Art. 261 of the Labor
The purpose of a certification election is Code Sec. 3(b), Rule VIII, Book V
precisely the ascertainment of the wishes of
the majority of the employees in the
appropriate bargaining unit: to be or not to be
represented by a labor organization, and in the
affirmative case, by which particular labor
 REVIEW ER ON LABOR RELATIONS

(3) Deadlock Bar Rule The five-year representation status acquired by

an incumbent bargaining agent either through
No certification of election may be filed when: single enterprise collective bargaining or multi-
1. The incumbent or certified bargaining employer bargaining shall not be affected by a
agent is a party; subsequent [CBA] executed between the same
2. A bargaining deadlock had been: bargaining agent and the employer during the
a. Submitted to conciliation or arbitration same five-year period. [Sec. 7, Rule XVII, Book
or; V, IRR]
b. Had become the subject of a valid
notice of strike or lockout [Sec. 3(c), Despite an agreement for a CBA with a life of
Rule VIII, Book V, IRR] more than five years, either as an original
provision or by amendment, the bargaining
A “deadlock” is defined as the “counteraction of union’s exclusive bargaining status is effective
things producing entire stoppage; only for five years and can be challenged within
• a state of inaction or of neutralization sixty (60) days prior to the expiration of the
caused by the opposition of persons or of CBA’s first five years. [FVC Labor Union-
factions (as in government or voting body): PTGWO v. SANAMA-FVC-SIGLO, G.R. No.
standstill.” [...] 176249 (2009)]
• The word is synonymous with the word
impasse which [...] “presupposes The rule is that despite the lapse of the formal
reasonable effort at good faith bargaining effectivity of the CBA the law still considers the
which, despite noble intentions, does not same as continuing in force and effect until a
conclude in agreement between the new CBA shall have been validly executed.
parties” [Divine World University v. SOLE, Hence, the contract bar rule still applies.
G.R. No. 91915 (1992)] [Colegio de San Juan de Letran v. Association
of Employees, G.R. No. 141471 (2000)]
(4) Contract Bar Rule
Petition for cancellation of union
BLR shall not entertain any petition for registration DOES NOT suspend or prevent
certification election or any other action which filing of certification election
may disturb the administration of DULY A petition for cancellation of union registration
REGISTERED existing collective bargaining shall not:
agreements affecting the parties, except under 1. suspend the proceedings for certification
Arts. 264, 265, and 268 [(60-day freedom election; nor
period)]. [Art. 238] 2. prevent the filing of a petition for
certification election. [Art. 246]
No petition for certification election may be filed
when a [CBA] between the employer and a A certification election can be conducted
SEBA has been registered in accordance with despite pendency of a petition to cancel the
Art. 237. union registration certificate. For the fact is that
at the time the [union], whose registration
Where such [CBA] is registered, the petition certificate is sought to be cancelled, filed its
may be filed only within sixty (60) days prior to petition for certification, it still had the legal
its expiry. [Sec. 3(d), Rule VIII, Book V, IRR]. personality to perform such act absent an order
directing its cancellation. [Association of Court
The Contract-Bar Rule shall apply in any of the of Appeals Employees v. Calleja, G.R. No.
following: (1) when there exists an unexpired 94716, (1991)]
registered CBA; or (2) when there is no
challenge on the representation status of the
incumbent union during the freedom period.
[D.O. No. 40-1-15]
 REVIEW ER ON LABOR RELATIONS

Allegation of company union a prejudicial

question to a petition for certification
election
A complaint for unfair labor practice may be Certification Union Election
considered a prejudicial question in a Election
proceeding for certification election when it is
charged therein that one or more labor unions To determine the To elect union
participating in the election are being aided, or Exclusive Bargaining officers
are controlled, by the company or employer Agent
[company union] [United CMC Textile Worker’s
Union v. BLR, G.R. No. 51337(1984)]. All members of the Only union members
appropriate may vote
Rationale: The certification election may lead bargaining unit
to the selection of an employer-dominated or
company union as the employees’ bargaining
WHO MAY VOTE [Sec. 6, Rule IX, Book V,
representative, and when the court finds that
IRR]
said union is employer-dominated in the unfair
All employees who are members of the
labor practice case, the union selected would
appropriate bargaining unit three (3) months
be decertified and the whole election
prior to the filing of the petition/request shall be
proceedings would be rendered useless and
eligible to vote.
nugatory. [B.F. Goodrich Phils. Marikina v. B.F.
Goodrich Confidential and Salaried Employees
An employee who has been dismissed from
Union, G.R. No. L-34069-70 (1973)]
work but has contested the legality of the
dismissal in a forum of appropriate jurisdiction
NATURE OF PROCEEDING
at the time of the issuance of the order for the
Certification election is the most effective and
conduct of a certification election shall be
the most democratic way of determining which
considered a qualified voter, unless his/her
labor organization can truly represent the
dismissal was declared valid in a final judgment
working force in the appropriate bargaining unit
at the time of the conduct of the certification
of a company [Samangang Manggagawa sa
election.
PERMEX v SOLE, G.R. No. 107792 (1998)].
In case of disagreement over the voters’ list or
The determination of the proceeding does not over the eligibility of voters, all contested voters
entail the entry of remedial orders or redress of shall be allowed to vote. But their votes shall be
rights, but culminates solely in an official segregated and sealed in individual envelopes.
designation of bargaining units and an
affirmation of the employees’ expressed choice WHO MAY FILE [Sec. 1, Rule VIII, Book V,
of bargaining agent. [Angat River Irrigation IRR]
System v. Angat River Worker’s Union 1. Legitimate labor organization [Art. 219
(PLUM), G.R. Nos. L-10943 and L-10944 (h)]
(1957)] 2. Local/chapter that has been issued a
charter certificate
The chapter shall acquire legal personality
Technical rules and objections should not only for purposes of filing a petition for
hamper the correct ascertainment of the labor certification election from the date it was
union that has the support or confidence of the issued a charter certificate. [Art. 241]
majority of the workers and is thus entitled to 3. National union or federation that has
represent them in their dealings with issued a charter certificate to its
management. [Port Workers Union v. local/chapter [in behalf of the latter]
Laguesma, G.R. Nos. 94929-30, (1992)]
 REVIEW ER ON LABOR RELATIONS

4. A group of legitimate labor unions in a

private establishment organized for
collective bargaining or for dealing with
employers concerning terms and
conditions of employment for their member
unions or for participating in the formulation
of social and employment policies, The employer is not a party to a certification
standards and programs, registered with election, which is the sole or exclusive concern
the BLR in accordance with Rule III Sec. 2- of the workers. [...]
B. [Sec. 1 (ll), Rule I, Book V, IRR]
5. Employer (when requested to bargain The only instance when the employer may be
collectively and no existing CBA) involved in that process is when it is obliged to
Requisites: file a petition for certification election on its
a. Employer is requested to bargain workers’ request to bargain collectively
collectively; AND pursuant to Art. 258 [now Art. 270]. [Hercules
b. No existing registered CBA in the unit Industries, Inc. v. Sec. of Labor, G.R. No.
[Art. 270] 96255 (1992)]

BYSTANDER RULE [The employer] did not possess the legal

In all cases, whether the petition for personality to file a motion to dismiss the
certification election is filed by an employer or petition for certification election even if based
a legitimate labor organization, the employer on the ground that its supervisory employees
shall not be considered a party thereto with a are in reality managerial employees.
concomitant right to oppose a petition for
certification election. [Art. 271] It is well-settled that an employer has no
standing to question a certification election
The employer’s participation shall be since this is the sole concern of the workers.
limited to: The only exception to this rule is Art. 258 [now
a. Being notified or informed of petitions of Art. 270]. [PT&T v. Laguesma, G.R. No.
such nature 101730 (1993)]
b. Submitting the list of employees during the
pre-election conference, should the Med- [A] company’s interference in the certification
Arbiter act favorably on the petition [Art. election below by actively opposing the same
271] [...] unduly creates a suspicion that it intends to
establish a company union. [Oriental Tin Can
The principle of the employer as by-stander Labor Union v. Secretary of Labor, G.R. No.
shall be strictly observed throughout the 116751 (1998)]
conduct of certification election.

The employer shall not harass, intimidate,

threat[en], or coerce employees before, during
and after elections. [Sec. 1, Rule IX, Book V,
IRR]

However, manifestation of facts that would aid

the [Med-Arbiter] in expeditiously resolving the
petition such as existence of a contract-bar,
one year bar or deadlock bar may be
considered. [Sec. 1, Rule VIII, Book V, IRR]
 REVIEW ER ON LABOR RELATIONS

Procedure: CERTIFICATION ELECTION IN

AN UNORGANIZED ESTABLISHMENT WHEN PETITION MUST BE FILED
Freedom Period
Unorganized Establishment Within the sixty (60)-day period before the
[It is an] establishment where there is no expiration of the collective bargaining
certified bargaining agent. [Art. 269] agreement. [Art. 271]

Procedure [Art. 269] Rationale of Prohibition of Filing Outside

1. File a petition for certification election. the Freedom Period
2. Upon filing of the petition, the Med-Arbiter To ensure industrial peace between the
shall automatically conduct a certification employer and its employees during the
election. existence of the CBA. [Republic Planters Bank
Union v. Laguesma, G.R. No. 119675 (1996)]
Filing of petition is by a legitimate labor
organization d. Run-Off Election
It cannot be filed by an unregistered labor
organization. Art. 251 enumerates the rights Run-Off Election refers to an election
granted to a legitimate labor organization and between the labor unions receiving the two (2)
one of those rights is the right to be chosen as highest number of votes in a certification or
the exclusive bargaining representative. This is consent election when the following requisites
one way the law encourages union registration. have been complied with:
Note: Art. 269 should be related to SEBA 1. Valid election;
Certification. If there are multiple LLOs in an 2. The certification or consent election
unorganized establishment, Art. 269 applies. If provides for three (3) or more choices
there is only one LLO in an unorganized (Note: “No Union” is considered one choice
establishment, Rule VII on SEBA Certification – Prof. Battad);
applies. Under this rule, when there is failure to 3. None of the contending UNIONS received
complete requirements, the Regional Director a majority of the VALID VOTES cast;
will refer it to the Election Officer. 4. No objections or challenges which if
sustained, can materially alter the results;
Procedure: CERTIFICATION ELECTION IN and
AN ORGANIZED ESTABLISHMENT 5. The total number of votes for all contending
UNIONS is at least fifty (50%) of the
Organized Establishment number of VOTES cast [Art. 268; Sec.
Refers to an enterprise where there exists a 1(uu), Rule I, Book V, IRR; Sec. 1, Rule X,
recognized or certified sole and exclusive Book V, IRR]
bargaining agent. [Sec. 1(ll), Rule I, Book V,
IRR] Illustration
The CBU has 100 members and 80 of which
voted. Union “A”= 30; Union “B”= 15; Union
Procedure [Art. 268]
“C”=15 and No Union= 20. There were no
1. File a verified petition questioning the
invalid votes. Since none got the majority of the
majority.
80 valid votes (40) and the contending unions
2. It must be filed within the 60-day period obtained 60 votes (which is at least 50% of the
before expiration of CBA (freedom period). VOTES cast), a run-off election is proper. The
3. Supported by written consent of at least run-off will be between the labor unions
25% of ALL employees in the bargaining receiving “the two highest number of votes.”
unit (substantial support).
4. Med-Arbiter shall automatically order an
election.
 REVIEW ER ON LABOR RELATIONS

Pursuant to Art. 268, when an election which Situations Contemplated

provides for three or more choices results in no 1. A tie between two (2) choices.
choice receiving a majority of the valid votes 2. Failure of Elections [see Definition]
cast, a run-off election shall be conducted
between the labor unions receiving the two
Duty of Election Officer
highest number of votes. Thus, the run-off will
1. Notify parties of a re-run election
be among Union “A”, “B”, and “C.” [Azucena]
2. Cause posting of notice within five (5) days
Procedure for Run-Off Election from said election.
Election Officer shall motu proprio conduct a
run-off election within ten (10) days from the When will re-run be conducted
close of the election proceedings between the Within ten (10) days after the posting of the
labor unions receiving the two highest number notice of the union declared as winner and
of votes. certified choice receiving the HIGHEST
VOTES CAST.
“No Union” shall not be a choice in the run-off
election [Sec. 1, Rule X, Book V, IRR].

Same voters’ list used in the certification

election shall be used in the run-off election.

The labor union receiving the GREATER

number of VALID VOTES cast shall be certified
as the winner [Sec. 2, Rule X, Book V, IRR].

Note: Please note the difference between valid

votes cast versus votes cast – valid votes
excludes spoiled votes.

e. Re-Run Election

Re-run Election refers to an election

conducted to break a tie between contending
unions, including between "no union" and one
of the unions. It shall likewise refer to an
election conducted after a failure of election
has been declared by the election officer
and/or affirmed by the mediator-arbiter. [Sec.
1(tt), Rule 1, Book V, as amended by DO 40-I-
15]