Labor Relations (3).pptx

8/21/2019 Labor Relations (3).pptx

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Labor RelationsUniversity of the Cordilleras College of Law


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PreliminaryDiscussions

Constitutional Mandates onLabor, Labor Law

Labor Legislation, SocialLegislation


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As an act: Exertion by human beings ofhysical or mental e!orts, or both, towardsthe roduction of goods and services"

As a sector of society: #hat sector or grouin a society, which derives its livelihoodchie$y from rendition of wor% or services inexchange for comensation under

managerial direction (Mendoza, 2001). &efers to wor%ers, whether agricultural or

non'agricultural

What is Labor?


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The State shall protect and promote the interests of theFilipino Laborer:

Art. II, Sec. 9.#he State shall romote a (ust and

dynamic social order that will ensure the roserity andindeendence of the nation and free the eole fromoverty through olicies that rovide ade)uate socialservices, romote full emloyment, a rising standard ofliving and imroved )uality of life for all"

Art. II, Sec. 18. #he State a*rms labor as a rimarysocial economic force" +t shall rotect the rights, ofwor%ers and romote their welfare"

Constitutional Mandates onLabor


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The State shall protect and promote the interests of theFilipino Laborer:

Art. XII, Sec. 12.#he State shall romote the referentialuse of iliino labor, domestic materials and locally roducedgoods, and adot measures that hel ma%e themcometitive"

Art XIII, Sec. 14. #he State shall rotect women byroviding safe and healthful wor%ing conditions, ta%ing intoaccount their maternal functions, and such facilities andoortunities that will enhance their welfare and enable themto reali.e their full otential in the service of the nation"

Art. XV, Sec. 8.#he State shall, from time to time, review tougrade the ensions and other bene/ts due to retirees of



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&ights of 0or%ers

Art. Ill, Sec. 8.#he right of the eole, includingthose emloyed in the ublic and rivate sectors,to form unions, associations, or societies for

uroses not contrary to law, shall not be abridged"1formation of labor organi.ations2

Art. Ill, Sec. 18(2). 3o involuntary servitude in

any form shall exist excet as a unishment for acrime whereof the arty shall have been dulyconvicted"



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rotection to Labor !la"se

Art. XIII, Sec. 3#he State shall a!ord full rotection tolabor, local and overseas, organi.ed and unorgani.ed, andromote full emloyment and e)uality of emloyment

oortunities for all"

+t shall guarantee the rights of all wor%ers to self'organi.ation,collective bargaining and negotiations, and eaceful concertedactivities, including the right to stri%e in accordance with law"

#hey shall be entitled to security of tenure, humane conditionsof wor%, and a living wage" #hey shall also articiate in olicyand decision'ma%ing rocess a!ecting their rights andbene/ts as may be rovided by law"



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4hrase included in the 5678 constitution tohighlight wor%er9s articiation in olicy'ma%ing

Added in the Labor Code Article ;58, argaining &eresentationand 0or%er9s 4articiation in 4olicy and


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rotection to Labor !la"se

Art. XIII, Sec. 3, cont.

#he State shall romote the rincile of shared resonsibilitybetween wor%ers and emloyers and the referential use of

voluntary modes in settling disutes, including conciliation,and shall enforce their mutual comliance therewith to fosterindustrial eace"

#he State shall regulate the relations between wor%ers and

emloyers, recogni.ing the right of labor to its (ust share inthe fruits of roduction? and the right of enterrises toreasonable returns of investments, and to exansion andgrowth"



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Commit Art. !!!, "ec. # tomemory$


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Constitutional rovisions on labor are not self'executory, hencethe need for Social Legislation, Labor Legislation and 0elfareLegislation

"ocial Legislation ' Laws that rovide articular %inds ofrotection or bene/ts to society or segments thereof in

furtherance of social (ustice" Labor Legislation' Statutes, regulations and (urisrudence

governing the relations between caital and labor" +t rovidesfor certain emloyment standards and a legal framewor% fornegotiating, ad(usting and administering those standards andother incidents of emloyment"

Wel%are Legislation' 4rovides for the minimum economicsecurity, of the wor%er and his family in case, of loss of earningsdue to death, old age, disability, dismissal, in(ury or disease"

"ocial, Labor and Wel%areLegislation


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Labor Legislation "ocial Legislation

'(ect to'mployment


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#he law governing the rights and duties ofemloyers and emloyees with resect to LaborStandards and Labor &elations"

Labor "tandards La*deals with the minimum

standards as to wages, hours of wor% and otherterms and conditions of emloyment thatemloyers must rovide their emloyees"

Labor Relations La*de/nes the status, rights

and duties as well as the institutional mechanismsthat govern the individual and collectiveinteractions between emloyers, emloyees andtheir reresentatives"

Labor La*, de+ned.


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4residential


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Labor'related rovisions in Dther Laws

Civil Codea. Art. /00. he relation bet*een capital and labor are not

merely contractual. hey are so impressed *ith public interestthat labor contracts must yield to the common good. here%ore,such contracts are sub1ect to the special la*s on labor unions,collecti)e bargaining, strikes and lockouts, closed shop, *ages,*orking conditions, hours o% labor and similar sub1ects.

b" Art" 58F5" 3either caital nor labor shall act oressively against theother, or imair the interest or convenience of the ublic"

c. Art. /02. !n case o% doubt, all labor legislations and all labor

contracts shall be construed in %a)or o% the sa%ety and decentli)ing %or the laborer.

d" Art" 58F" 3o contract which ractically amounts to involuntaryservitude, under any guise whatsoever, shall be valid"

he Philippine Labor Code, and-ther La*s


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Labor'related rovisions in Dther Laws

&evised 4enal Codea" Art" ;76" ormation, maintenance and rohibition of

combination of caital or labor through violence or threats"G #he enalty of arresto mayor and a /ne not exceedingFF esos shall be imosed uon any erson who, for theurose of organi.ing, maintaining or reventing coalitions

of caital or labor, stri%e of laborers or loc%'out ofemloyees, shall emloy violence or threats in such a

degree as to comel or force the laborers or emloyers inthe free and legal exercise of their industry or wor%, if the

act shall not constitute a more serious o!ense inaccordance with the rovisions of this Code"

he Philippine Labor Code, and-ther La*s


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Attainment of Social Hustice >alance the interest of labor and caital

1eliminate oression2

Labor is a!orded a greater measure of rotection

#here is greater suly of labor than demand fortheir services

#hose who have less in life should have more in law

#he need for emloyment by labor comes from vital,and even deserate necessity 1survival2

he Aim and 3asis o% LaborLa*s


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3asic Principles4reliminary


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#he state shall a!ord full rotection to labor,romote full emloyment, e)ual wor%oortunities without bias or discrimination,regulate the relations of emloyers andemloyees, and assure wor%ers rights 1refer to

protection to labor cla"se #rt. $%%%, Sec. &, 1'!onst" I Art" , Labor Code2

#he relation of caital and labor are imressedwith ublic interest, hence emloymentcontracts are not ordinary contracts 1#rt. 100,*!!2

What are the basic principles inthe constitution and labor4relatedla*s on protection to labor?


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+n case of doubt or ambiguity, labor laws and rulesare to be construed in favor of labor 1#rt. +, Labor!ode, #rt. 102, !iil !ode2 + #@E&E +S # as to the meaning of the legal and

contractual rovision, the above'mentioned alies"

+ #@E 4&DJ+S+D3 +S CLEA& A3< U3AM>+UDUS, it mustbe alied in accordance with its exress terms" 1Meralcov" 3L&C, & 3o" 878=, Huly 5;, 56762"

#he law also recogni.es that management has rights

which are also entitled to resect and enforcement in theinterest of fair lay 1St" Lu%e?s Medical Center Emloyee?sAssoc, v" 3L&C, & 3o" 5=;F, March 8, ;FF82"

What are the basic principles inthe constitution and labor4relatedla*s on protection to labor?


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Comes from ac%nowledgement that caitalwields more ower than labor

1Sanche. v" @arry Lyons Construction +nc",& 3o" L';886, Dctober 57, 56F2" #here is greater suly than demand for labor

#hose who have less in life should have more in lawand

#he need for emloyment by labor comes from vital,

and even deserate necessity 1survival2

Why the pre%erence %or laboro)er capital?


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eneral &ule: #he Code alies to all wor%ers, whether agricultural ornon'agricultural, including emloyees in a government cororationincororated under the cororation code

Excetions:

5" overnment emloyees;" Emloyees of government Cororations created by secial or

original charter

" oreign governments

B" +nternational Agencies, emloyees of intergovernmental orinternational organi.ations

" Cororate o*cersK+ntra'cororate disutes which fall under 4< 6F;'A and now fall under the (urisdiction of, the &egular Courts ursuantto the Securities &egulation Code and

=" Local water districts excet where 3L&C (urisdiction is invo%ed"

o *hom does the Labor Codeapply?


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overnment emloyees Emloyees of government Cororations created by secial or original

charter 1Huco v" 3L&C, & 3o" 675F8, August 57, 56682 oreign governments 1HUSMA'4hiliines v" 3L&C, & 3o" 5F775,


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Law recogni.es management rights" #heemloyer has the right to Conduct business

4rescribe rules

Select and hire emloyees

#ransfer or discharge emloyees


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-"ral an/ of !antilan " . "le, - *o. 1'30, Febr"ar42, 200. Under the doctrine of mana5ement prero5atie, every emloyer

has the inherent right to regulate, according to his own discretionand (udgment, all asects of emloyment, including hiring, wor%N

assignments, wor%ing methods, the time, lace and manner ofwor%, wor% suervision, transfer of emloyees, lay'o! of wor%ers,and disciline, dismissal, and recall of emloyees

Mendoza . -"ral an/ of L"cban, - *o. 133+21, "l4 ,200+. Management rerogatives, however, are sub(ect to limitations

rovided by law,

contract or collective bargaining agreements and

general rinciles of fair lay and (ustice

Management Prerogati)es


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6ie*points on LaborRelations

#he 0hys and @ows


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Article ;58, Labor Code

4romote and emhasi.e the rimacy of free collectivebargaining and negotiations, including voluntary arbitration,mediation and conciliation, as modes of settling labor or

industrial disutes

4romote free trade unionism as an instrument for theenhancement of democracy and the romotion of social(ustice and develoment

oster the free and voluntary organi.ation of a strong and

united labor movement 4romote the enlightenment of wor%ers concerning their

rights and obligations as union members and as emloyees

"tate Policy on LaborRelations


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Article ;58, Labor Code

4rovide an ade)uate administrative machinery for theexeditious settlement of labor or industrial disutes

Ensure a stable but dynamic and (ust industrial eaceand

Ensure the articiation of wor%ers in decision andolicy'ma%ing rocesses a!ecting their rights, duties andwelfare"

4rohibit courts or administrative agencies or o*cialsfrom setting or /xing wages, rates of ay, hours of wor%or other terms and conditions of emloyment, excet asotherwise rovided under the Labor Code"

"tate Policy on LaborRelations


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"ocial 7ustice

!ndustrial Peace andProgress

"el% -rgani8ation

9oal

-utcome

Processe

s

!nputs

'mployees Rights

and Duties

'mployers Rights

and Duties

Collecti)e !nteraction,'r4'e

erms and Conditions o%'mployment

Addressing 9rie)ances

Labor -rgani8ation:WorkersAssociation

'mployerRepresentation


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0or%ers organi.e as a union or some otherform of association 1registered orunregistered2

E!ect of registration with the State:Ac)uisition of legally demandable rights,e"g" right to demand collective bargaining

Drgani.ation must have rules and

mechanisms that resect member rights 3o emloyer in$uence or interference 1See

Article ;=5, Labor Code2

"el% -rgani8ation


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Self AdvancementHob Security Uholding the rule of law over arbitrary

exercise of ower by caital 4rovide emloyees a sense of articiationin the enterrise

Why Workers -rgani8e


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#here can be many labor organi.ations inthe wor%lace, but Dnly one recogni.ed reresentative for wor%ers in

Collective >argaining

Selected by the wor%ers themselves by way ofelection 1with or without intervention of thegovernment2

"el% -rgani8ation


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All ersons emloyed in commercial,industrial and in religious, charitable,medical or educational institutions 1ro/t ornon'ro/t2

+ncludes the right to orm

Hoin

Assist

Labor organi.ations of their own choosing

Who may e5ercise right to sel%4organi8ation


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4resentation of roosals and counter'roosalsby the arties

+f caital and labor agree on substantially alloints, a labor contract is forged 1Collective

>argaining Agreement2 +f both arties do not agree on material oints,

this results in a deadloc% 4arties are obliged to avoid or brea% the imasse

ailure to resolve a deadloc% may result in wor%stoage Stri%e

Loc%out

Collecti)e 3argaining


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0hile a legal right, stri%e or loc%out is not an idealsolution to comel a arty to agree to a roosal

Considered as measures of last resort Stri%es and loc%outs are heavily regulated

4urose Manner of imlementation

Jiolation of established rules will merit sanctions1admin, civil and criminal2

4arties are allowed to introduce means andmethods that will exedite bargaining Sub(ect to comliance to legal standards



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4arties are rimarily resonsible for dealingwith roblems arising out of their relations1+nter'arty relationshi2 Joluntary modes of settling disutes are referred

over comulsory rocesses rievance machinery: +n'house roblem solving

structure

State stes in only when

4arties fail to agree &ights are violated



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"tate;s !nter)ention

SSS 6mplo4ees #ssociation s. !#, 13 S!-# : 7#herincile behind labor unionism in rivate industry is thatindustrial eace cannot be secured through comulsion by law"&elations between rivate emloyers and their emloyees reston an essentially voluntary basis" O the terms and conditionsof emloyment in the unioni.ed rivate sector are settledthrough the rocess of collective bargainingOP

>ut, when disutetransgresses legal

boundaries, the in(uctiveowers of the state maybe invo%ed, eseciallywhen national interest isinvolved"


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De+nitions

Emloyer: +ncludes anyerson acting in theinterest of an emloyer,directly or indirectly"

#he term shall notinclude any labororgani.ation or any of

its o*cers or agentsexcet when acting asan emloyer"


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De+nitions

Emloyee: +ncludes any ersonin the emloy of an emloyer"

#he term shall not be limited tothe emloyees of a articularemloyer, unless the Labor Code

so exlicitly states" +t shallinclude any individual whosewor% has ceased as a result of orin connection with any currentlabor disute or because of any

unfair labor ractice if he hasnot obtained any othersubstantially e)uivalent andregular emloyment"


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Managerial emloyees Suervisory emloyees &an%'and'/le emloyees

Categories o% employees


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+f there is no such relationshi, there is nobasis for exercising the right of self'organi.ation for uroses of collectivebargaining"

3ote also that Labor Arbiters cannotexercise (urisdiction where Er'Ee&elationshi does not exist" 1sub(" toexcetion2

'5istence o% 'r4'e Relationshipis 6ital in Labor Relations


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our'old #est5" the selection and engagement of the emloyee

;" the ayment of wages

" the ower of dismissal and

B" the ower to control the emloyee9s conduct, or the so'

called Qcontrol test"P#wo'tiered test of emloyment relation shi

5" Control test R the emloyer9s ower to direct the emloyee1the manner, means and methods2 by which wor% isaccomlished

;" Economic reality test R economic reality of the relationshithe )uestion of economic deendency of the wor%er on hisemloyer" 1&ead Dro.co vs" CA, & 5;F8, Aril ;6, ;FF2

'mployer4'mployeeRelationship


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A stiulation stating exressly that there is no Er'Eerelationshi is not controlling 1Chave. vs" 3L&C, & 3o"5B=F, Han" ;FF2

Heeney and taxi drivers 14aguio #ransort Cor" vs" 3L&C& 3o" 556FF, August 56672

>us, auto'calesa drivers 1&" #ransort Cor" vs" E(andra,& 3o" 5B7F7, May ;FFB2

ishermen 1&uga vs" 3L&C, Han" 566F2 Stevedores

Lawyers, doctors, nurses, dentists, ublic relationsractioners, other rofessionals Emloyees of cooeratives +nsurance agents 1salaried2

'5istence o% 'r4'e Relationshipin the %ollo*ing instancesoo% +++, +&&, Labor Code2 Consultants Jisiting 4hysicians

+ndeendent contractors

=o 'r4'e Relationship in the%ollo*ing instancesersamira I SMC, & 3o" 788FF,Hune 566F2 +nvolves issue of SMC9s exclusion of temorary,

robationary I contractual emloyees in scoe of C>Awith union

Sub(ect Matter #erms and conditions of emloyment

Association or &eresentation of ersons

Labor Disputes


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Standards'related Comensation

>ene/ts

0or%ing Conditions

&elations argaining

Contract administration

4ersonnel olicy

Emloyment tenure disutes

Labor Disputes, >inds


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rievance rocedure R C>A'rescribed, in'housemechanism for addressing comlaints"

Conciliation R involves third erson who meets withboth arties and, by assuaging hurt feelings andcooling temers, aids in reaching agreement"

Mediation R third erson o!ers suggested solutions todisute"

Arbitration R disute is submitted to imartial thirderson who renders decision based on evidence, law

and (urisrudence"


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EnforcementKComliance Drder R disutearises from concern uncovered by the exerciseof enforcementKvisitorial ower of SDLE, orad(udicatory owers of the


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he =ational LaborRelations Commission

Hurisdiction, Case low,Aeals, Cases


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4recursor: Court of +ndustrial &elations 3L&C was created by the Labor Code

attached to the


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Driginal and exclusive (urisdiction to hear anddecide the following cases involving all wor%ers,whether agricultural or non'agricultural 1Art" ;;,LC, &ule J Section 5, ;F55 3L&C &ules2:

5" Unfair labor ractice cases UL4 Means NUnfair laborracticeN means any unfair labor ractice as exresslyde/ned by the Code 1Art" ;571T2, Art" ;B, Art" ;2"

;" #ermination disutes

" +f accomanied with a claim for &einstatement, those

cases that wor%ers may /le involving wages, rates ofay, hours of wor% and other terms and conditions ofemloyment

7urisdiction o% LaborArbiters

h i l b l i


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3L&C exercises ad(udicatory owers andother functions through its divisions 1not theindividual commissioners2

En banc decisions ertain only to 4romulgation of rules governing hearing and

disosition of cases in the divisions 1e"g", ;F553L&C &ules2

&ecommending Labor Arbiters to the 4resident

Allowing a division to hear and decide a caseunder the (urisdiction of another division

he =ational Labor RelationsCommission

7 i di ti % L b


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B" Claims for actual, moral, exemlary and other forms of


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8" Driginal and exclusive (urisdiction over money claims arisingout of emloyer'emloyee relationshi or by virtue of any lawor contract, involving iliino wor%ers for Dverseas deloyment,including claims for actual, moral, exemlary and other formsof damages 1Section 5F, &eublic Act 3o" 7FB;, as amended by&eublic Act 3o" 5FF;;2"

7" 0age distortion disutes in unorgani.ed establishments notvoluntarily settled by the arties ursuant to &eublic Act 3o"=8;8"

6" Enforcement of comromise agreements when there is non'comliance by any of the arties or if there is rima facie

evidence that the settlement was obtained through fraud,misreresentation or coercion 1Article ;, Labor Code, asamended2"

5F" Dther cases as may be rovided by law"

7urisdiction o% LaborArbiters


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#he (urisdiction of labor arbiters, as well as of the 3L&C, islimited to disutes arising from an emloyer'emloyeerelationshi which can only be resolved by reference to theLabor Code, other labor statutes, or their collectivebargaining agreement" U'>ix?s comlaint was one to collect

sum of money based on civil laws R on obligations andcontract, not to enforce rights under the Labor Code, otherlabor statutes, or the collective bargaining agreement" (89i !orporation, et al. s. ;alerie #nne


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Excetion to the rule that Er'Ee relationshiis necessary for Labor Arbiters to ac)uire

(urisdiction: Q#he (urisdiction of Labor Arbiters is not limited to

claims arising from Emloyer'Emloyeerelationshis under Sec" 5F of &A 7FB;, whichcover money claims arising out of an emloyer'emloyee relationshi or by virtue of any law orcontract involving iliino wor%ers for overseasdeloyment, including claims forOdamages"PSantiago vs" C Shar Crew Management, +nc" 1&3o" 5=;B56, Huly ;FF82

Cases


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Cororate D*cers Nacpil vs. IBC (! No. 144"#", $arc% 21,

2&&2) ' D*cers designated by the board arecororate o*cers

r*ential Ban+ an* rst Co-pan (!No. 141&93, /e0. 2&, 2&&1) ' Dne rising fromthe ran%s is not a mere cororate o*cer

!ral Ban+ o Coron vs. Cortes, (! No.

1#4888, ec. #, 2&) R A cororate o*cerwho is also an emloyee may /le an illegaldismissal case with the labor arbiter"

Cases


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See also =/ol s. Slimmers ?orld %nternational (- *o.

101+, @ecember 11, 200') omez s. *=! @eelopment and

Mana5ement !orporation (- *o. 1+0++,*oember 2, 200')

#tt4. ;ir5ilio -. arcia s. 6asternTelecomm"nications hilippines (- *o.

1&113, #pril 1, 200') !enato !eal vs. San %ilippines, Inc. et

al., .!. No. 1#8"", 151952&11

Cases


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Case may be /led in the &A> having(urisdiction over the wor%lace of comlainantor etitioner

0here two or more &A>s have (urisdiction,

venue resides in the &A> which /rst ac)uired it 3o ob(ection to venue before the /ling of

osition aers, issue is deemed waived May be by written agreement, or by motion for

meritorious cases Dtion of the wor%er

6enue


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Case lo*, RA3

Start

ile Comlaint

&eceive, doc%et andsubscribe comlaint

&ae and assign

cases

Set case formandatory

conferenceKissuesummons

MandatoryConference

Submit 4osition4aersKMemoranda

Evaluate leadingsand evidence

Amicable

SettlementV

+ssue DrderClari/catory

@earing

+ssue Drdersubmitting case for

decision

4reare decision

+ssue,romulgate andrelease decision

End

20 =LRC Rules o%


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Signi/cant changes from ;FF &ules 1as discussed by Atty" &uben


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" &e'/ling of a


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" &emedy of the &esondents 1Manning Agents2 0hen


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8" 4rocedure for &ecovery of Amount 4aid to the Seafarer y way of brief bac%ground, if the case is lost in the Labor Arbiter level, the manning agentsKrincialscan /le an aeal before the Commission level to assail the Labor Arbiter9s decision" +f the aeal isdismissed, the remedy of the manning agents is to /le a Motion for &econsideration" #he denial of themotion will render the Labor Arbiter9s decision /nal and executory" Conse)uently, at this stage, manningagents and their rincials are re)uired to ay the seafarer based on said /nal award"

+n the meantime, the case can still continue because the manning agents has the remedy of elevatingthe matter to the Court of Aeals and eventually, to the Sureme Court"

+n some cases, the Court of Aeals andKor the Sureme Court would either reverse 1the seafarer is notentitled at all to his claim2 or modify 1the (udgment award is reduced2 the decision of the 3L&C"

+n case of reversal or modi/cation by the Court of Aeals or Sureme Court of the Labor Arbiter9sdecision, the next recourse of the manning agents is to recover the amount it has reviously aid to theseafarer"

#he resent ;F55 3L&C &ules of 4rocedure exlicitly rovides for the stes on how to recover the saidamount from the seafarer" Under the ;F55 3L&C &ules the Labor Arbiters of the 3L&C can issue orders ofrestitution to enable the manning agents to recover the amount they reviously aid to the claimants asa result of the reversed or modi/ed decisions of the 3L&C" #his rovision was not resent under the ;FF3L&C &ules"

20 =LRC Rules o%Procedure

20 =LRC Rules o%


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7" Extraordinary &emedy Available to the Manning AgentsK4rincials Dther #han Aeal 1&ule ++2

Dne of, if not, the most critical stage in 3L&C roceedings is during execution of the (udgment award" +t is at this oint that the seafarer can nowcollect from the manning agents or the bonding comany the amount mentioned in the Labor Arbiter9s decision"

#he writ of execution is the basic document which would emower the 3L&C Sheri! to collect the (udgment award from manning agent which isthe losing arty" Under the ;FF 3L&C &ules of 4rocedure, once the writ is issued, the manning agents are already helless to sto the 3L&CSheri! from enforcing the (udgment award unless of course, and this is very rare, the Court of Aeals issues a #emorary &estraining DrderandKor 0rit of +n(unction"

The 2011 *L-! -"les of roced"re proides for a speciAc remed4. %t is not in the form of an appeal b"t a eriAed petition Bith the *L-!!ommission the p"rpose of Bhich is to ann"l or modif4 the order of the Labor #rbiter iss"in5 the Brit of eec"tion.

#he immediate e!ect of the /ling of the said veri/ed 4etition is that the 3L&C Sheri! cannot, in the meantime, enforce the writ of execution orthe 3L&C Sheri!, in layman9s term, cannot collect the amount stated in the decisionfrom the manning agents or from the bonding comany"

4lease note that the mere /ling of the veri/ed 4etition will revent the ban% of either the manning agents or the bonding comany fromreleasing the garnished amount to the seafarer within /fteen 152 calendar days from the /ling of the 4etition" Df course, the eriod can belonger if the 3L&C issues a #emorary &estraining Drder or 0rit of 4reliminary +n(unction which has a lifetime of twenty 1;F2 or sixty 1=F2 days,resectively" +t can also go beyond said eriod if the 3L&C issues a /nal in(unction"

@owever, the #emorary &estraining Drder or the 0rit of 4reliminary +n(unction only becomes e!ective uon osting by the manning agents of acash bond, not surety bond, amounting to 4hF,FFF"FF or a higher amount as may be re)uired by the 3L&C"

+mortant 3ote: 0hile the extraordinary remedy described above can be availed of during execution roceedings, &ule ++ of the ;F55 3L&C&ules can be availed of by Qany arty aggrieved by an order or resolution of the Labor ArbiterP" +t is thus not con/ned to (ust executionroceedings but on all orders or resolutions of the Labor Arbiter" or examle, if the manning agent /les a Motion to


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En >anc &esolution 55'5; amended the ;F55 3L&C &ulesof 4rocedure"

Jenue: 0hen venue is not ob(ected to before the /rstscheduled mandatory conference, such issue or ob(ectionwill be deemed waived" 1&ule +J, Section 5, ar" c2

Con/dentiality of Commission &ecords: access toleadings and other documents /led by arties to a caseare restricted" &eorts, drafts of decisions, records ofdeliberations, and other documents involving rivaterights are made con/dential" 3evertheless, decisions,

resolutions and orders of the 3L&C are oen to the artiesand their counsel or authori.ed reresentative duringo*ce hours" 1&ule +++, Section 72

20 =LRC Rules, amendments


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&ULE J, SEC#+D3 55" AME3


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$anila otel Corporation vs. N7!C (! No.12&&"", 6cto0er 13, 2&&&) R #he 3L&C has no

(urisdiction when the main asects of the casetransired in foreign (urisdictions and the only lin%that the 4hiliines has with the case is that theemloyee is a iliino citi.en"

NB vs. Ca0ansa (! No. 1"&1&, ne 21,2&&) R when the emloyee is directly hired in aforeign country but nonetheless secures a 14DEA2

emloyment certi/cate, she is an D0 and thusthe case falls under the (urisdiction of the laborarbiter"

Doctrine o% orum =onCon)eniens

Counter claims o%


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Bane: vs. Val*evilla (! No. 128&24,$a 9, 2&&&) R Art" ;58 (noB 22&)iscomrehensive enough to include claims forall forms of damages arising from Er'Ee

relations, including Er9s claims for actualdamages against a dismissed Ee"

o-on*on vs. N7!C (! No. 143"#,Sept. 3&, 2&&)

Counter claims o%employers


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#wo %inds Driginal Hurisdiction +n(unction in ordinary labor disutes

+n(unction in stri%es and loc%outs under Article ;8F,

LC Certi/ed labor disutes in industries indisensable to

the national interest, where wor% stoage is li%elyor has already occured

Exclusive Aellate Hurisdiction

Cases decided by the labor arbiters Cases decided by


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3L&C has exclusive aellate (urisdiction onall cases decided by the labor arbiters"

3L&C does not have original (urisdiction onthe cases over which labor arbiters have

original and exclusive (urisdiction" +f the labor arbiter does not exercise original

and exclusive (urisdiction over a case, the3L&C has no aellate (urisdiction over it"

Labor Arbiters @ =LRC,distinction o% 1urisdictions


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Labor Arbiters9 decisions R ordinary aealto the 3L&C, wKin 5F calendar days fromreceit" 3L&C9s decision on aeal iselevated to the CA by way of secial civil

action 1&ule =2, and then under ordinaryaeal 1&ule B2 to the SC

Appeals


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4rima facie evidence of abuse of discretionon the art of the labor arbiter


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iled within reglementary eriod 1ten daysfrom receit of decision by arty see%ingaeal2

Under oath Aeal fee 4osting of cash or surety bond 1where(udgment involves monetary award2

4roof of service to adverse arty

Per%ection o% Appeal,reuisites


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3ote the following: Labor arbiter loses (urisdiction uon erfection of

aeal

Lac% of veri/cation is not fatal nor (urisdictional

Aeal is still valid desite failure to ay doc%etfee, but refusal to ay desite directive is fatal

&aising new issues or changing theory on aealis not allowed"

Appeal


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&einstatement is immediately executory evenending aeal

ioneer e;tri:in Corporation vs. N7!C' emloyer is duty'bound to inform emloyee

of reinstatement An emloyer may not stay execution of

reinstatement, even when he has osted abond

!o


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Actual reinstatement of the emloyee to hiswor% under the same terms and conditionsrior to dismissal or searation, or

&einstatement in the ayroll of the

comany, without re)uiring actual return towor%

Reinstatement by'mployer


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3ureau o% LaborRelations

B=C!-=" - ' 3BR'AB -


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4ursuant to 6.=. 12, the 3ational Conciliation andMediation >oard 13CM>2 has absorbed the conciliation,mediation and voluntary arbitration functions of the>L&"

#he >L& functions, as it now stands are con/ned

largely to union matters, collective bargaining andlabor education"

Hurisdiction over labor'management roblems ordisutes is also exercised by other o*ces such as the


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#o act on its own initiative or uon there)uest of either or both arties on all: +3#&A'union con$icts

+3#E&'union con$icts and

D#@E& &ELA#E< Labor &elations


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Shall include any con$ict between a labororgani.ation and the emloyer or anyindividual, entity, or grou that is 3D# alabor organi.ation or wor%er9s association"

#his includes: Cancellation of registration of unions and

wor%er9s associations and

A etition for interleader"

Disputes ESec. 2, !le XI .6. 4&=&3)

'- 2F " GH/


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removed from the (urisdiction of the >L&QallP labor'management disutes" #he e!ectof 6.=. 231is to transfer to the 3CM> themediation, conciliation, and arbitration

functions of the >L&"#he arties may, by agreement, settle their

di!erences by submitting their case to avoluntary arbitrator rather than ta%ing the

case to the >L&"

'- 2F, ". GH/

'- 2F " GH/


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#his category of labor relations disutes as thename suggests is related to interKintra uniondisutes to di!erentiate it from other labor'management disutes, such as those under

Article 5;7: Jisitorial and enforcement ower Article 5;6: recovery of wages, simle money claims

and other bene/ts

Article ;;: Hurisdiction of the LA and 3L&C

Article ;=8: Hurisdiction of JA

Article ;8F1g2: Secretary of Labor, on ossibility of

stri%es and loc%outs

'- 2F, ". GH/

/nctions an* At%orit o B7!* % 98 * i i i


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Sec. 1. "rea" of Labor -elations C#he >L& shall: Set olicies, standards, and rocedures on the

registration and suervision of legitimate labor unionactivities including denial, cancellation, and revocationof labor union ermits

Set olicies, standards and rocedures relating tocollective bargaining agreements, and the examinationof /nancial records of accounts of labor organi.ation todetermine comliance with relevant laws

4rovide roer orientation to wor%ers on their schemesand ro(ects for imrovement of the standards of livingof wor%ers and their families"

n*er t%e 198" A*-inistrativeCo*e

B i Di t


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!ntra4Bnion Disputes I refer to any con$ict betweenand among union members, including grievancesarising from any violation of the rights and conditionsof membershi, violation of or disagreement over anyrovision of the union9s constitution and by'laws, or

disutes arising from chartering or a*liation" !nter4Bnion Disputes I refer to any con$ict between

and among legitimate labor organi.ations involvingreresentation )uestions for uroses of collectivebargaining or to any other con$ict or disute between

legitimate labor organi.ations based on any violationsof their rights as labor organi.ations"

Bnion Disputes

Co)erage o% !nter:!ntra4BnionDi t ES 1 ! l XI 6 4&


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Cancellation of registration of a labor organi.ation/led by its members or by any other labororgani.ation

Conduct of election of union and wor%er9s associationo*cersKnulli/cation of election of union and wor%er9s

association o*cers AuditKaccounts examination of union or wor%er9s

association funds


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JalidityKinvalidity ofimeachmentKexulsion of union andwor%er9s association o*cers

JalidityKinvalidity of voluntary recognition Dosition to alication for union and

C>A registration Jiolations of or disagreements over any

rovision in a union or wor%er9sassociation constitution and by'laws

Disputes ESec. 1 !le XI, .6. 4&=&3)

Co)erage o% !nter:!ntra4BnionDi t ES 1 ! l XI 6 4&


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As

Jiolations of the rights and conditions of union orwor%er9s association membershi

Jiolations of the rights of legitimate labororgani.ations, excet interretation of C>As and Such other disutes or con$icts involving the

rights to self'organi.ation, union membershi, andcollective bargaining R >etween and among legitimate labor organi.ations and

>etween and among members of a union or wor%er9sassociation"

Disputes ESec. 1 !le XI, .6. 4&=&3)

"pecial Reuirements as to the


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!n)ol)ing 'ntire Membership #he comlaint must be signed by at least FX of

the entire membershi of the union and

+t must also show exhaustion of administrativeremedies"

"pecial Reuirements as to theiling o% Cases



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!n)ol)ing a Member -nly +n such case, only the a!ected member may /le

the comlaint" &edress must /rst be sough

within the union itself in accordance with itsconstitution and by'laws ECE4# under any ofthe following circumstances:

utility of intra'union remedies

+mroer exulsion rocedure

Undue delay in aeal as to constitute substantialin(ustice

#he action is for damages

p iling o% Cases



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!n)ol)ing a Member -nly +n such case, only the a!ected member may /le the

comlaint" &edress must /rst be sough within the unionitself in accordance with its constitution and by'laws

ECE4# under any of the following circumstances: Lac% of (urisdiction of the investigating body

Action of the administrative agency is atently illegal, arbitrary,and oressive

+ssue is urely a )uestion of law

0here the administrative agency had already re(udged thecase and

0here the administrative agency was ractically given theoortunity to act on the case but did not"

p iling o% Cases

'(ects o% iling or Pendency o%!nter:!ntra4Bnion Dispute and other


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#herights, relationships and obligations o%the part4litigants against each other andother arties'in'interest rior to the institution ofthe etition shall continue to remain during

the pendency o% the petition and until thedate o% +nality o% the decision renderedtherein" #hereafter, the rights, relationshisand obligations of the arty litigants against

each other and other arties'in'interest shall begoverned by the decision so ordered"

: pLabor Relations Disputes ESec. 3, !leXI, .6. 4&=&3J

Modes o% Appeal in !ntra:!nter4Bnion Disputes ERule ! D -


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o*< ormalreuirements

. Bnder -ath2. Consist o% a memorandum o% appeal#. 3ased on either o% the %ollo*ing groundsureau of Labor &elations R if the case originated from Med'ArbiterK&egional L& where the comlaintoriginated 1records transmitted to the >L& or Sec" within ;Bhours from receit of the memorandum on aeal

Bnion Disputes ERule !, D.-.K040#

"ummary o% Rules on !nter:!ntra


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0ho: or grounds under Section 5: any LLD members thereof

secially concerned or grounds under Section ;: any arty'in'interest

0here &D that issued its certi/cate of registration or

certi/cate of creation of chartered local R if it involveslabor unions with indeendent registration, chartered

locals, wor%ers association, its o*cers or members" L& if it involves a federationKnational

unionKindustry union, its o*cers or members

yBnion Disputes

'(ects o% iling or Pendency o%!nter:!ntra4Bnion Dispute and other


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#he /ling or endency of any interKintra'union disutes is not a pre1udicialuestion to any petition %or

certi+cation election and shall not be aground %or the dismissal o% a petition%or certi+cation election or susensionof roceedings for certi/cation election"

pLabor Relations Disputes ESec. 3, !leXI, .6. 4&=&3J

"ummary o% Rules on !nter:!ntra


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ormal re)uirements +n writing Jeri/ed under oath Contains:

3ame, address and other ersonal circumstances of the comlainantor etitioner

3ame, address and other ersonal circumstances of the resondent orerson charged

3ature of comlaint or etition

acts and circumstances surrounding comlaint or etition

Causes of action

Statement on exhaustion of Administrative &emedies &eliefs rayed for

Certi/cation of non'forum shoing

Dther relevant matters

yBnion Disputes

Administrati)e %unctions o% 3LR


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&egulation and registration of labor unions Teeing of registry of labor unions Maintenance of a /le of C>A9s Maintenance of a /le of all settlements or /nal

decisions of the SC, CA, 3L&C and otheragencies on labor disutes

>L& has no (urisdiction over imlementation or

interretation of C>As, which shall be sub(ect ofgrievance rocedure andKor Joluntaryarbitration"

Administrati)e %unctions o% 3LR

Compromise Agreements


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4urose: 4arties agree to Avoid litigation, or

4ut an end to one already in lace

@ow: ma%ing recirocal concessions 0in'win

Substantial re)uirements Joluntary, devoid of coercion

3ot contrary to law, morals, ublic olicy

&easonable

ormal re)uirements +n writing

Signed in the resence of erson before whom case is /led




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0hen e!ected: At any stage of the roceedings, even when there

is already a /nal I executory (udgment

ECE4# when (udgment is in rocess of execution

Jalidity: Jalid and binding on both arties,with or without


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Dtions when agreement is violated: Enforce comliance

&egard as rescinded, revert to original demand

uitclaim: A formal renunciation or

relin)uishing of a claim Usually integral in comromise agreements




102/299

Cases: Mindoro Lumber vs" >aay, et"al", & 3o" 578,Hune ;FF

Jeloso and Liguaton vs"


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Registration andCancellation

Labor Drgani.ations

De+nitions EArticle 2HJ


104/299

NLabor organi.ationN means any union or association ofemloyees which exists in whole or in art for theurose of collective bargaining or of dealing withemloyers concerning terms and conditions of

emloyment"

NLegitimate labor organi.ationN means any labor

organi.ation duly registered with the


105/299

NChartered LocalN refers to a labor organi.ation in therivate sector oerating at the enterrise level that ac)uiredlegal ersonality through the issuance of a chartercerti/cate by a duly registered federation or national union,and reorted to the &egional D*ce in accordance with &ule+++, Section ;'E of these &ules"

NExclusive >argaining &eresentativeN refers to a legitimatelabor union duly recogni.ed or certi/ed as the sole andexclusive bargaining reresentative or agent of all theemloyees in a bargaining unit"

N+ndeendent UnionN refers to a labor organi.ation oeratingat the enterrise level that ac)uired legal ersonalitythrough indeendent registration under Article ;B of theLabor Code and &ule +++, Section ;'A of these &ules"

De+nitions ED- K040#J



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NLabor Drgani.ationN refers to any union or association ofemloyees in the rivate sector which exists in whole or inart for the urose of collective bargaining, mutual aid,interest, cooeration, rotection, or other lawful uroses"

NLabor &elations A &egistration Unit and 1;2 Med'Arbitration Unit in the &egional D*ce" #he LaborDrgani.ation and C>A &egistration Unit is in charge ofrocessing the alications for registration of indeendentunions, chartered locals, wor%ers associations andcollective bargaining agreements, maintaining saidrecords and all other reorts and incidents ertaining tolabor organi.ations and wor%ers? associations"




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NLegitimate Labor Drgani.ationN refers to anylabor organi.ation in the rivate sectorregistered or reorted with the


108/299


109/299

Collective >argaining R is a right ac)uiredthrough registration, and recognition orcerti/cation as the exclusive bargainingreresentative

-rgani8ations

Classi+cations o% L-s


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At the 3ational Level 3ational UnionKederation

+ndustry Union

#rade Union Center

Alliance Comany Union

Enterrise Level +ndeendent Labor Union

Chater

Classi+cations o% L-s

RA GKH


111/299

A3 AC# S#&E3#@E3+3 #@E 0D&TE&S?CD3S#+#U#+D3AL &+@# #D SEL'D&A3+A#+D3, AME3


112/299

;FX membershi of emloyees in bargainingunit re)uired only for indeendent unions

Chaters ac)uire legal ersonality 1foruroses of certi/cation election2 uon

receiving their charter certi/cate rounds of cancellation revised" Some grounds

were removed as they were not romotive ofself organi.ation rights

4etition for Certi/cation Election will continueto be heard desite etition to cancelregistration

Registration o% Labor-rgani8ations

Changes to Labor Code ReA and to/nance the activities of the union in

reresenting them"

Agency ees


148/299


149/299

#he emloyee is art of the bargaining unit, @e is not a member of the union and @e artoo% of the bene/ts of the C>A 0ritten authori.ation is not necessary for

collection

ees

Bnion Dues )s. Agencyees


150/299

Bnion Dues Agency ees

Alies to Union Members Alies to 3on Members of theUnion

4aid by reason of theirmembershi

4aid by reason of the bene/tsthey en(oyed under the C>A

0ritten authori.ation is re)uired

for dues to be deducted fromsalaries 1Chec%'D!2

0ritten authori.ation is 3D#

re)uired

ees

Agency ees not!mposable


151/299

*#%#%L8 . San Mi5"el reBer4 %nc.,- *o. 110, #"5"st &1, 1'& C Agency ee cannot be imosed on emloyees

already in the service and are members of

another union" +f a closed sho agreementcannot be alied to them, neither may anagency fee, as a lesser form of union security,be imosed to them"

4ayment by non'union members of agency feesdoes not amount to an un(ust enrichmentbasically because the urose of such dues is toavoid discrimination between union and non'union members"

!mposable

Co)erage o% C3A to !nclude 'mployee4Members o% Another Bnion


152/299

Members of a rival union are 3D#Considered ree &iders 0hen the union bids to be the bargaining

agent, it voluntarily assumes the

resonsibility of reresenting allemloyees in the aroriate bargainingunit"

CAP'R !!! R!9" -


153/299

CAP'R !!!. R!9" -

L'9!!MA' LA3-R-R9A=!NA!-="

A";B7 &+@#S D

LE+#+MA#E LA>D&D&A3+A#+D3S

Rights o% A Legitimate Labor-rgani8ation


154/299

Underta%e activities for bene/t of members Sue and be sued Exclusive reresentative of all emloyees &eresent union members

>e furnished audited /nancial statementsby emloyers

Dwn roerties and

>e exemted from taxes"

g

AR.2KH4A< R'P-R-R!ALR'OB!R'M'="


155/299

5" Constitution and by'laws, or amendmentsthereto, minutes of rati/cation, and thelist of members who too% art in therati/cation of the constitution and by'laws

or amendments thereto;" List of o*cers, minutes of the election of

o*cers and list of voters within F daysfrom election

O

AR.2KH4A< R'P-R-R!ALR'OB!R'M'="


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" Annual /nancial reort within F days after theclose of every /scal year and

B" List of members at least once a year orwhenever re)uired by the >ureau

ailure to comly with the above'mentionedre)uirements shall not be a 5ro"ndforcancellation of "nion re5istration

Erring o*cers or members to be susended,exelled from membershi, or otherwisesanctioned"

O


157/299

itle i)e


158/299

Art. !!!, "ec. H.#he right of the eole,including those emloyed in the ublic orrivate sectors, to form unions,associations, or societies for uroses not

contrary to law shall not be abridged" Art. !!!, "ec. #.#he State shall guarantee

the rights of all wor%ers to self'organi.ation,collective bargaining and negotiations, and

eaceful concerted activities including theright to stri%e in accordance with law"

g g

Right to "el%4-rgani8ation,'5tent


159/299

#o or-, @oin an* assist la0ororani:ations for the urose ofcollecti)e bargaining throughrepresentati)es o% their o*n choosing

and#o enae in lal concerte* activities

for the same urose or for their mutualaid and protection (#rt. 232)

Right to "el%4-rgani8ation,Co)erage


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All ersons emloyed in commercial,industrial and agricultural enterrises and inreligious, charitable, medical, or educationalinstitutions

Ambulant, intermittent and itinerantwor%ers, self'emloyed eole, ruralwor%ers and those without de/niteEmloyers may form labor organi.ations for

their mutual aid and rotection"

g g



161/299

Art" ;F : &ights of Emloyees in the ublicservice Emloyees of government cororations

established under the Cororation Code shallhave the right to organi.e and bargain collectively

with their resective E&9s"

All other EE9s in the civil service shall have theright to form associations for the uroses notcontrary to law"

g g



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Art" ;5 : Managerial emloyees are not eligible to (oin,

assist, or form any labor organi.ation"

Suervisory emloyees shall not be eligible formembershi in a labor organi.ation of the ran%'

and'/le EE9s but may (oin, assist or form searatelabor organi.ations of their own"

'5amples


163/299

5" &ey9s @air Salon refused to bargain withthe union of the barbersho comosed ofeight barbers on the ground that the showas a service establishment and the number

of the barbers was less than ten" +s thecontention tenableV 3o" #he law does not /x the minimum

number of emloyees for the exercise of the

right to self'organi.ation and the rightextends to all tyes of establishments"

'5amples


164/299

;" aculty members of a non'ro/t schoolconverted their club into a labor union" +s thisallowedVWes" Even emloyees in non'ro/t or

religious organi.ations are entitled toexercise this right"

'5amples


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" +s a religious sect9s directive to itscongregation not to (oin a labor union a barfor members to form their own unionV#he right of the members of a sect not to

(oin a labor union for being contrary to theirreligious beliefs does not bar the membersof that sect from forming their own union"1Taatiran vs" Calle(a2

"uper)isory 'mployees


166/299

#hose, who, in the interest of the E&, e!ectivelyrecommend such managerial actions if in theexercise of such authority is not merelyroutinary or clerical in nature but re)uires theuse of indeendent (udgment" 1Art" ;572

#he criterion which determines whether aarticular emloyee is within the de/nition of astatute is the character o% the *orkper%ormed rather than the title or

nomenclature o% position held" 13S&C vs"3L&C2

"uper)isory 'mployees


167/299

+f the recommendation of the teacher area suervisor is

sub(ect to evaluation, review and /nal aroval of therincial, is the teacher a suervisory emloyeeV 3o"

#his is merely ine!ective or clerical recommendation"1 Laguna Colleges vs" C+& 2

Suervisors were given the (ob of Qeither to assist the

foreman if the e!ective disatch of manower ande)uimentP or Qexecute and coordinate wor% lansemanating from his suervisors"P Are these QsuervisorsPsuervisory ersonnelV 3o" #hey only execute arovedand established olicies leaving little or no discretion at

all whether to imlement the said olicies or not"1Southern 4hiliines ederation vs" Calle(a2

=on4Abridgement o% the Rightto -rgani8e


168/299

Art" ;; sea%s of the illegality of thefollowing acts with resect to the exerciseto the right of self'organi.ation &estraint

Coercion


169/299

Ale;an*er !ees vs. Cresenciano re@ano , !

No. 84433, ne 1992.#he right to self'organi.ationincludes the right not to form or (oin a union

Airti-e Specialists vs. /errer= Calle@a, (18& SC!A1"9).#he intendment of the law is to grant to bona'

/de emloyees of a bargaining unit, whethermembers of a labor organi.ation or not, the right tovote in certi/cation elections

@owever, by virtue of the oeration or enforcement ofa closed sho clause in a C>A, an emloyee may be

comelled under ain of dismissal, to become amember of a labor union"



170/299

May an E& imose as condition foremloyment that the alicant shall not (oina labor organi.ation or shall withdraw fromthe one he belongs toV

3o" Such a condition arta%es of the natureof a Qyellow dog contractP and constitutesan unfair labor ractice" +t is interferencewith the individual9s right to self'

organi.ation"



171/299

S/7 v. Calle@a, 1"9 SC!A 12", ! No.8&882, April 1989.#he right to self'organi.ation must be uheld in the absenceof exress rovision of law to the contrary" +t

cannot be curtailed by a Collective>argaining Agreement

Labor Code Pro)isions on Bn%airLabor Practices


172/299

Art" ; R concet of UL4 and rocedure forrosecution

Art" ;B R UL4 by emloyers Art" ; R UL4 by labor organi.ations

Art" ;=8 R C>A violations which are gross incharacter

Art" ;8F1c2 R union busting involvingdismissal of union o*cers which threatens

existence of union

'lements o% Bn%air LaborPractice


173/299

Concurrence of >D#@

5" #here should exist an emloyer'emloyeerelationshi between the o!ended artyand o!ender

;" Act comlained of must be E4&ESSLWmentioned and de/ned in the Labor Code

BLP o% 'mployers


174/299

+nterference, restraint, coercion ofemloyees in the exercise of their right toself organi.ation

Wellow dog contract

Contracting out services or functionserformed by union members, thatinterfere, restrain or coerce emloyees inthe exercise of their right

Comany union

Company Bnion


175/299

+nitiate, dominate, assist or otherwiseinterfere with the formation oradministration of any labor organi.ation

+ncludes giving of /nancial or other suort

to it or its organi.ers or suorters

BLP o% 'mployers


176/299


177/299

&estraint or coercion of emloyees in theexercise of their right

Causing or attemting to cause emloyer todiscriminate against an emloyee

Jiolate duty, or refuse to bargain collectivelywith emloyer

Causing or attemting to cause emloyer toay or deliver any money or other things ofvalue for services which are not erformed,including demand for union negotiation fees1eather'bedding2

BLPs o% Labor-rgani8ations


178/299

As% for or accet negotiation or attorney9sfees from emloyers as art of settlementof any issue in collective bargaining or anyother disute

Jiolation of a C>A

Criminal Liability %or BLPs


179/299

Dnly o*cers or agents of cororations,associations or artnershis who actuallyarticiated in, authori.ed or rati/ed UL4sto be held criminally liable

Dn the art of the Union, its o*cers,members of governing boards,reresentatives or agents

otality o% ConductDoctrine


180/299

Exressions of oinion by an emloyer,though innocent in themselves, may beconstitutive of UL4 because of thecircumstances under which they are

uttered, the history of the emloyer9s laborrelations or anti'union bias or because oftheir connection with an establishedcollateral lan of coercion or interference"

Bnion "ecurity Clause


181/299

Stiulation in the C>A where managementrecogni.es membershi of emloyees in theunion which negotiated said agreementshould be maintained or continued as a

condition of emloyment or retention ofemloyment 4urose is to safeguard and ensure

continued existence of the union

Bnion "ecurity Clause,ypes


182/299

Closed sho Maintenance of membershi agreement Union sho agreement Modi/ed union sho

Exclusive >argaining Agreement >argaining for members only agreement Agency sho agreement 4referential hiring agreement

Legal Principles Pertinent toBnion "ecurity Clause


183/299

Emloyer must still a!ord emloyee duerocess

Collecti)e bargaining and


184/299

Collecti)e bargaining and

administration o%agreement



185/299

A democratic framewor% to stabili.e Er'Eerelations, to create a climate of sound andstable industrial eace

A mutual resonsibility I legal obligation of

the emloyer and the union Collective bargaining denotes negotiations

loo%ing forward to a collective agreement,however, it is a continuous process.

Collecti)e 3argaining,Process


186/299

3egotiation of wages, hours I terms,conditions of emloyment

Execution of written contract embodyingterms

3egotiation of issues arising out ofinterretation or alication of agreement

3egotiation of terms of new contract, orroosed modi/cations"

Collecti)e 3argaining,Process


187/299

System of collective bargaining consists of: 3egotiation of contracts 1legislative hase2

Administration of contract 1executive hase2

+nterretation or alication 1(udicial hase2

Collecti)e 3argaining, ProcessEArticle 2F, 2F/, Labor CodeJ


188/299

4arty see%ing negotiationserves written notice Istatement of roosals

Engaged 4arty ma%es relythereto within 5F calendardays from receit of notice

&e)uest for conferencewithin 5F calendar days to

address di!erences inroosals

Conciliation roceedingsby 3CM> to resolve

disute, either moturorio or uon re)uest

Collecti)e 3argainingAgreement


189/299

A contract executed uon re)uest of either the

emloyer or the exclusive bargainingreresentatives

+ncororating all agreements reachedduring negotiations 0ith resect to wages, hours of wor% and other

terms and conditions of emloyment

+ncluding roosals for ad(usting any grievance or)uestions under such agreement

Collecti)e 3argainingAgreement

A


190/299

A.ucena:

Q+t is more than a contract it is agenerali8ed code to go)ern a myriadcases which the draftsmen cannot wholly

anticiate" +t co)ers the *holeemployment relationship and prescribesthe rights and duties o% the parties" +t isa system o% industrial sel%4go)ernment

*ith the grie)ance machinery at the )eryheart o% the system"P

Collecti)e 3argaining,Parties


191/299

Emloyer

Emloyees

0here there is norelationshi, thereis no duty tobargain,

0here there is noduty to bargain,refusal to bargainviolates no right"

Collecti)e 3argaining,Parties

> i i & t ti


192/299

>argaining &eresentative &efers to the Legitimate Labor Drgani.ation

selected or designated by the emloyes"


193/299

Manifestation of wor%ers9 articiatory right 4AL vs" 3L&C 1& 3o" 767, Aug" 5662 R 7The

!# ma4 not be interpreted as cession ofemplo4eesH ri5ht to participate in the deliberationof matters Bhich -a aect t%eir ri%ts an*

t%e or-lation o policies relative t%ereto. May be exercised by a Labor'Management

Council, aside from or instead of a union 1dealingwith the emloyer vs" collective bargaining2


194/299

#hat grou of (obs and (obholdersreresented by the recogni.ed or certi/edunion when it bargains with the emloyer"

May comrise all of the suervisors or,

searately, all the ran%'and'/le oulationof the comany"#he law favors having only one grouing

er category 1following the Qunited'we'

stand, divided we fallP logic2, but does notrohibit sub'grous that are Qaroriate"P

C3B, Bnder D- K040#

& f t % l h i


195/299

&efers to a group o% employees sharingmutual interests *ithin a gi)enemployer unit, comrised of all or lessthan all of the entire body of emloyees inthe emloyer unit or any seci/coccuational or geograhical grouingwithin such emloyer unit"

What is Appropriateness?

>L&9 i f ti id i ll


196/299

>L&9s rimary function, considering alllegally relevant factors"

>argaining Unit may be determinedfollowing the four recogni.ed modes:

5" Substantial Mutual +nterests rincile orcommunity or mutuality of interests rule

;" 0ill of the Emloyees 1lobe


197/299

Emloyees sought to be reresented mustha)e substantial mutual interests interms o% employment and *orkingconditions

Characteri.ed by similarity of emloymentstatus, same duties and resonsibilities andsubstantially similar comensation andwor%ing conditions"

"ubstantial Mutual !nterestsRule #here must be a logical basis for the formation


198/299

#here must be a logical basis for the formation

of a bargaining unit" Adherence to the adage QStrength in 3umbersP eograhical location can be comletely

disregarded if communal or mutual interests ofthe emloyees are not sacri/ced"

@owever, if emloyers in two lants are clearlydistinct, each grou of emloyees in the lantsare treated as searate units 1


199/299

SMC Emloyees Union vs" Confesor, 1& 3o"555;=;, Se" 566=2

4hiltranco Service Enterrises vs" >L&, 1&3o" 7B, Hun" 56762

SMC vs" Laguesma 1& 3o" 5FFB7, Se"566B2 SMC Suervisors and Exemt Emloyees

Union vs" Laguesma 1& 3o" 55F66, Aug"

56682

Cases, "ubstantial Mutual!nterests St Hames School of ue.on City vs


200/299

St" Hames School of ue.on City vs"Samahang Manggagawa sa St" HamesSchool of ue.on City 1& 3o" 55;=, 3ov";, ;FF2

9lobe Doctrine

lobe Machine and Staming Co 3 L & > ;6B


201/299

lobe Machine and Staming Co", 3"L"&">" ;6B

15682,A etitioning union claimed that there were three

searate bargaining units in the lant, whereas anintervening union argued for treating the lant as one

overall unit"#he US 3L& >oard found that either arrangement

would result in aroriate bargaining units, andconcluded that the )uestion was so evenly balancedthat the determining factor should be the desire ofthe emloyees themselves"

9lobe Doctrine

lobe Machine and Staming Co 3 L & > ;6B


202/299

lobe Machine and Staming Co", 3"L"&">" ;6B

15682,

Each of the three searate units was given theoortunity to vote for the etitioning union 1andreresentation as a searate unit2, the intervening

union 1and reresentation as an overall unit2, or nounion"

#he lobe rocedure thereby allows emloyeesNto determine the scoe of a unit by allowing them

to cast a vote for each of several otential unitswhich the >oard has determined are aroriate"N

9lobe Doctrine

US Case: lobe Machine I Staming Co 1


203/299

US Case: lobe Machine I Staming Co" 13L&> ;6B, 5682

In *eDnin t%e appropriate 0araininnit, E t%e *eter-inin actor is t%e

*esire o t%e or+ers t%e-selves.Conse


204/299

4rior collective bargaining history anda*nity of emloyees should be consideredin determining the aroriate bargainingunit"

#he existence of a rior collectivebargaining history is neither decisive norconclusive in the determination of whatconstitutes an aroriate bargaining unit

1see SMC vs" Laguesma, 3A#U vs" MainitLumber


205/299

3A#U vs" Mainit R SC alied mutuality ofinterest among wor%ers in sawmill divisionand logging division, desite the history ofdivisions being treated as searate unitsand geograhical distance 1see also SMC vs"Laguesma2

'mployment "tatus

Casual emloyees and those emloyed on


206/299

Casual emloyees and those emloyed onday'to'day basis R must be consideredsearate because there is no mutuality ofinterest 14hiliine Land'Air'Sea LaborUnion vs" C+&, & 3o" L'5B==, 3ov" 56=F2

Con/dential emloyees cannot be allowedto be included in ran%'and'/le bargainingunits

>elyca Cororation vs" errer'Calle(a 1&3o" 886, 3ov" 56772

Certi/cation Election

"election o% 3argainingRepresentati)e


207/299

Certi/cation Election Consent Election Joluntary &ecognition

4rocess of determining by secret ballot

Certi+cation 'lection


208/299

4rocess of determining by secret ballotthe sole and e5clusi)e bargaining agentof the employees in an appropriatebargaining unit, for uroses ofcollecti)e bargaining"

3o longer necessary under the following

Certi+cation 'lection


209/299

3o longer necessary under the following

circumstances Joluntary recognition of the emloyer

Emloyees designate the union as the bargainingreresentative

Drgani.ed establishments

Certi+cation 'lection,Reuisites


210/299

Drgani.ed establishments Petition )uestioning the ma(ority status of the

incumbent bargaining agent is +led with the


211/299

Legitimate labor organi8ation, or 'mployer, when re)uested by a labor

organi.ation to bargain and status oforgani.ation is in doubt"

3ote: Art" ;=B'A R Emloyer is a bystander inetitions of certi/cation election" Emloyer9sarticiation limited to: >eing noti/ed or informed of etitions of such

nature

Submitting list of emloyees to Med'Arbiter duringre'election conference

May be /led at any time in the absence of a

Petition %or Certi+cation'lection


212/299

May be /led at any time in the absence of a

C>A, excet: Certi/cation year'bar rule

>argaining deadloc% bar rule

Contract bar rule

Certi/cation year'bar rule R A certi/cation



213/299

Certi/cation year bar rule A certi/cation

election may not be /led within one yearfrom the date of a valid certi/cation,consent or run'o! election, or one year fromthe date of voluntary recognition"

>argaining deadloc%'bar rule"



214/299

>argaining deadloc% bar rule" >efore the /ling of a etition for certi/cation

election, the duly recogni.ed or certi/ed unionhas commenced negotiations with the emloyerwithin the one'year eriod from the date of a valid

certi/cation, consent or run'o! election orvoluntary recognition"

A bargaining deadloc% to which an incumbent orcerti/ed bargaining agent is a arty had beensubmitted to conciliation or arbitration or becomethe sub(ect of a valid notice of stri%e or loc%out"

Taisahan ng Manggagawang 4iliino

Cases, 3argaining DeadlockRule


215/299

Taisahan ng Manggagawang 4iliino

1Tamil'Tatiunan2 vs" #ra(ano 1& 3o"875F, Set" 56652

Caitol Medical Center Alliance ofConcerned Emloyees'US0 vs" Laguesma1& 3o" 55765, eb" 56682

#he >L& shall not entertain any etition for

Contract 3ar Rule


216/299

#he >L& shall not entertain any etition for

certi/cation election or any other actionwhich may disturb the administration ofduly registered existing collectivebargaining agreements a!ecting thearties"

=F'day reedom 4eriod

'5ceptions


217/299

y C>A is not registered with the >L& C>A contains rovisions lower than statutory

standards alsi/ed, fraudulent or misreresented documents +ncomlete C>A Collective bargaining and negotiations entered

into rior to the =F'day freedom eriod +nternal strife in the union resulting in an industrial

disute which does not foster industrial eace"

4etitioner is not listed in


218/299

4etitioner is not listed in A shall not be a!ected byany amendment, extension or renewal of

the C>A ailure to submit ;X suort re)uirement

for /ling of etition

Joluntarily agreed uon by the arties with

Consent 'lection


219/299

y g y

or without the intervention of the


220/299

and exclusive bargaining agent of all theemloyees in an aroriate bargaining unitfor the urose of collective bargaining

Consent Election R to determine the issue of

ma(ority reresentation of all wor%ers in thearoriate collective bargaining unit mainlyfor the urose of determining theadministrator of the C>A not for the urose

of determining the bargaining agent foruroses of collective bargaining"

4rocess whereby the emloyer recogni.es a

6oluntary Recognition


221/299

y y g

labor organi.ation as the exclusivebargaining reresentative of the emloyeesin the aroriate bargaining unit after ashowing that the labor organi.ation issuorted by at least a ma(ority of theemloyees in the bargaining unit"

Available only in unorgani.ed

establishments"

0hat is Certi/cation ElectionV Certification election is a process of determining through secret ballot the sole and exclusive bargaining agent (SEBA) of all

AOs


222/299

the employees in an appropriate bargaining unit for the purpose of collective bargaining. ;" 0here does a union /le a etition for certi/cation election 14CE2V A PCE is filed at the egional !ffice "hich issued the certificate of petitioning union#s certificate of registration$certificate of

creation of chartered local. " 0hat are the re)uirements in /ling a 4CEV Among the important re%uirements are the follo"ing& a) A statement indicating any of the follo"ing& hat the bargaining unit is unorganied or that there is no registered CBA covering the employees in the bargaining unit* +f there exists a duly registered CBA, that the petition is filed "ithin the sixty-day freedom period of such agreement*

+f another union had been previously recognied voluntarily or certified in a valid certification, consent or run-off election,that the petition is filed outside the one-year period from entry of voluntary recognition or conduct of certification or run-off election and no appeal is pending thereon.

b) +n an organied establishment, the signature of at least t"enty-five (/0) percent of all employees in the appropriatebargaining unit shall be attached to the petition at the time of its filing (Section 1, ule 2+++, of the 3epartment !rder 4o.15-56).

B" 0hat haens after receit of the 4CEV he petition "ill be raffled to the 7ed-Arbiter for preliminary conference to determine, among others, the bargaining unit

to be represented, the contending unions, and the possibility of consent election.

" 0hat haens uon aroval of the conduct of certi/cation election by the Mediator'ArbiterV he PCE "ill be endorsed to an election officer for the conduct of pre-election conference "herein the date, time and place

of election "ill be identified, the list of challenged and eligible voters "ill be made, as "ell as the number and location ofpolling places.

=" May a 4CE be deniedV 8es a PCE may be denied if&

AOs


223/299

8es, a PCE may be denied if& a) it "as filed before or after the freedom period of a registered CBA* b) the petitioner union is not listed in the 3!9E egistry of legitimate labor organiation*

or c) the legal personality of the petitioner-union has been revo:ed or cancelled "ith finality. 8" 0ho will conduct the CEV he 3!9E egional !ffice through the election officer conducts the certification election.

7" @ow is the SE>A determinedV he union that garners ma;ority of the valid votes cast in a valid certification election shall

be certified as the SEBA. 6" May election rotest be entertainedV 8es, but protest should have been first recorded in the minutes of the election proceedings. 5F" 0hat haens if the etitioner union fails to garner the ma(ority of the valid

votes castV here "ill be no SEBA, but another PCE may be filed one year thereafter.

5F" 0hat haens if the etitioner union fails to garner the ma(ority of the valid votes castV here "ill be no SEBA, but another PCE may be filed one year thereafter.

AOs


224/299

55" 0hat are the re)uisites for certi/cation election in organi.ed establishmentsV Certification election in organied establishments re%uires that& a) a petition %uestioning the ma;ority status of the incumbent bargaining agent is filed before the 3!9E "ithin the


225/299

g g

labor organi.ation and the emloyerconcerning wages, hours of wor% and allother terms and conditions of emloymentin a bargaining unit

A is not art thereof

Legal Principles Applicable toC3A


226/299

Minutes of C>A negotiation have no e!ect if notincororated in the C>A

Ma%ing a romise during the C>A negotiation is notconsidered bad faith

Adamant stance resulting in imasse is not bad faith 3o terms and conditions may be imosed by the A

Signing bonus is not demandable under the law

Allegations of bad faith are erased with the signing ofthe C>A

Single Enterrise

Collecti)e 3argaining, >inds


227/299

>etween on certi/ed labor union and one emloyer

Multi'Emloyer >argaining >etween and among several certi/ed labor unions

and emloyers

Conditions Dnly LLDs that are the SE>A may articiate and

negotiate

Dnly emloyers with counterart LLDs which areincumbent bargaining agents may articiate

Emloyers must consent to multi'enterrisebargaining may articiate

0here there is yet no C>A:

Duty to 3argainCollecti)ely


228/299

Comliance to Article ;=, LC

Er and union must MEE#, CD3JE3E and CD3E&for collective bargaining uroses

&e)uisites of collective bargaining must be

comlied with Er'Ee relationshi

Ma(ority status of bargaining union

A: Clean slate, unencumbered byrevious agreements

0here there exists a C>A

Duty to 3argainCollecti)ely


229/299

3either arty shall terminate nor modify suchagreement during its lifetime"

4arties may serve notice to terminate or modifyagreement during freedom eriod

4arties to %ee the status )uo during freedomeriod until new agreement is reached"

4osting of C>A

Reuisites in Relation toC3A


230/299

4osted in two consicuous laces in the wor%remises, at least /ve days rior to rati/cation

Mandatory re)uirement non'comliance willresult in ine!ectiveness of C>A 1A#U vs" #ra(ano,

56772 Emloyer resonsible for osting 1ALU vs" errer'

Calle(a, May 56762

&ati/cation by Ma(ority of Emloyees in

>argaining Unit &egistration of C>A

+gnoring all notices for negotiation and

Re%usal to =egotiate


231/299

re)uests for counter'roosals &efusing to bargain anew on economic

terms of the C>A, using $imsy excuses suchas )uestioning union

3ot serving an answer All the above are indications of bad faith

Emloyer who violates the duty to bargain

Re%usal to =egotiate


232/299

collectively loses its statutory right tonegotiate or renegotiate terms andconditions of the draft C>A and mayimose the adotion of the roosals of the

union as the C>A Cases

eneral Milling Cororation vs" CA,

Tio% Loy vs" 3L&C


233/299

no etition )uestioning the ma(ority statusof the incumbent agent shall be entertainedby


234/299

#he C>A or other rovisions of such agreemententered into within = months from exiration ofterm shall retroact to the day immediatelyfollowing date of exiration

+f entered into beyond = months, arties shallagree on e!ectivity

C>A concluded through arbitral award LM Chemicals Cororation vs" Secretary of


235/299


236/299

9rie)ance and6oluntary Arbitration

Any )uestion by Er or union regarding

9rie)ance


237/299

interretation or alication of the C>A, or

comany ersonnel olicies, or

Any claim by either arty that the other arty isviolating the C>A or comany ersonnel olicies"

Comlaint or dissatisfaction arising from theinterretation or imlementation of C>A andthose arising from interretation orenforcement of ersonnel olicies"

&efers to mechanism for the ad(ustment

9rie)ance Machinery


238/299

and resolution of grievances arising fromthe interretation or imlementation of aC>A and those arising from theinterretation and enforcement of comany

ersonnel olicies"

+nternal rules of rocedure established by

9rie)ance Procedure


239/299

the arties in their C>A with voluntaryarbitration as the terminal ste"

&efers to the system of grievancesettlement at the lant level as rovided i

Documents

Labor Relations (3).pptx