Professional Documents
Culture Documents
WHY ALLOW THE PARTIES TO TALK, NOT LET DOES THE LAW PROVIDE MEANS TO PROVIDE AN
OTHER PARTIES INTERFERE? ELIGHTENED WORKER:
…Compulsory Arbitration used before was not -seminars
effective -training
-payment of dues (A277a)
WHAT IS THE OBJECTIVE? -workers education program (211d)
Problems identified:
• Failure of ERs to recognize Unions >>> IV. ROLE OF THE STATE: 211b
Labor unrest -in cases provided under the LC
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Labor 2 notes_cha mendoza_a2010
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Labor 2 notes_cha mendoza_a2010
DEFINITION in A212 + IR 212 LABOR ORGANIZATION
-use of word “Includes” and “Excludes” just show -is it similar to a labor association?
scope, NOT MEANING OF THE TERMS NO. A labor association is not for the purpose of
COLLECTIVE BARGAINING and for dealing with
INCLUDES – in a complimentary sense the terms and conditions of work
-deliberate act of the lawmakers
LABOR ASSOCIATION: mutual aid and protection
{FEATI UNIV V. BAUTISTA} and other lawful purposes [IRR]
-lawmakers deliberately used “MEANS” and
“INCLUDES” (as understood in American IS IT REQUIRED to form majority of the workers
Jurisprudence) in the company? Does it require a minimum
number of workers? What if a labor organization
MEANS: define; complete (nothing to be added, only represents 10% of the workforce? None.
subtracted) Law is silent!!!
INCLUDES: Complementary to what is the usual Collective bargaining vs. Mutual Aid and
understanding of the terms Protection
e.g. (as used in) ER, EE, LABOR DISPUTES, Collective Bargaining: negotiation between labor
LABOR ORGANIZATIONS and management
Mutual Aid and Protection: Join together for
[A212e] EMPLOYER: support
-“Includes persons who acts in the interest of the
employer” CAN A LABOR ORGANIZATION HAVE PLURALITY
e.g. SO IS A PARISH PRIEST SPEAKING FOR THE OF PURPOSES? (in re: for collective bargaining)
INTEREST OF A CERTAIN ER AN EE OF THE ER?
Is he included in the definition of an EE? MAJORITY WORKERS – for certification elections
Exclusive bargaining unit
*the term EE derives its use from English *Law is silent on the number of the members
Common Law notion of OWNERSHIP that should comprise a labor organization
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Labor 2 notes_cha mendoza_a2010
…There can be a labor dispute “notwithstanding Religious, charitable, medical, educational
the proximate relationship of an ER and EE
relating to terms, tenure, conditions and A246: Non-abridgment of right to self-organize,
representation” jfa
Mutual aid and protection
SO WHAT’S THE REASON BEHIND THE SAID *Positive and negative right
PHRASE?
-not to limit the dispute to regular EEs {REYES V TRAJANO}
-based on American Labor Law where unions may …Right to join includes the right NOT TO JOIN
be formed not just under a single employer, but …basis: explained negative right
within an industry …but HOW? Free choice vs government
intervention
A212l …implicit, freedom, noncompulsory
-so if Independent Contractor’s EEs form a labor …not contrary to law
union cant there be a labor dispute between the
IC EEs and the ER? {VICTORIANO V ELIZALDE}
…excluded from coverage of closed-shop
-WHAT IS THE FUNCTION OF THE DEFINITION? agreements are those who are in religious
“MEANS” vs “INCLUDES” {FEATI UNIV V organizations
BAUTISTA}
…INCLUDES: complimentary to the popular SO ELEMENT OF COMPULSION: UNION SECURITY
meaning of the words CLAUSE
When there’s a USC, there’s an element of
compulsion since EE is compelled to join the Rep
RIGHT OF THE WORKER to SELF-ORGANIZATION Union to maintain security of tenure
Basis: Constitution
A243: SCOPE – is it MATERIAL?
{STANDARD CHARTER V CONFESSOR} Before: NONPROFIT and Charitable institutions
…bill of rights [III, Sec. 6] not included
…provisions on Labor [XIII, Sec. 3] Why: No element of profit, not commercial
Now: included {FEU v TRAJANO}
Differences of Bill of Rights …regardless of nature of business
1987: Unions, Associations, Societies
1973: Associations and Societies WHY included non-profit institution?
1935: Associations People/workers should still have right to self-
organization
RIGHT TO SELF-Organization
-consti and statutorily guaranteed right WHY DISTINGUISH GROUP for
*LC LABOR UNION: CB, fja; Regular Employees
*CSC LABOR ASSOC: Mutual aid and protection;
*Corporation Code Ambulant, intermittent, itinerant, self-employed,
rural workers, without definite employers
IN RP CONSTI: More categorical statement
protecting right to self-organization LABOR ORG [212l]
-any union/ association of EE
ABSENT A constitutional recognition, what other
basis can EEs use for self-organization? So MUTUAL AID AND PROTECTION
***RP is a signatory to the ILO Convention and
Universal Declaration of Human Rights (which A243
protect right to self-organization) Group 1: self-organization
Fja LO for purposes of COLLECTIVE
EXTENT AND SCOPE BARGAINING
A243: SCOPE Group 2: Mutual aid and protection
CIA employees
Profit, non-profit A245: Is it a denial of right to self-organization?
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Labor 2 notes_cha mendoza_a2010
NO. Police Power? Now, security guards are not prohibited from j, f,
-not prohibited from forming labor associations a labor orgs
but prohibited from forming labor unions
{MERALCO v SEC OF LABOR}
*CONFLICT OF INTEREST …EO 111 now declares old law as null and void
-should act in the interest of the employer so if …same right extended as supervisors
joined or formed a labor organization for …on double-loyalty: Go to congress for correct
purposes of collective bargaining solution
-can form labor organizations for purposes of
mutual aid and protection WHAT LAW WOULD BE VIOLATED IF CONGRESS
WOULD ENACT A LAW PROHIBITING SECURITY
CAN SECURITY GUARDS FORM UNIONS? GUARDS FROM FORMING LABOR
YES. Before, prohibited. But with EO 111, ORGANIZATIONS? CONSTI RIGHTS?
prohibition removed. Same right which were
extended to supervisory employees extended to Mutual aid and protection: minimum imposed so
security guards {MERALCO v. Sec. of Labor} as not to violate the rights of workers to form
…why prohibited before: security guards cannot labor organizations
be placed in position of double loyalty
…in the case, guards were directly hired by MANAGERIAL AND CONFIDENTIAL EEs: Why
MERALCO; court absolutely silent on prohibit?
contractorship -managers acts in the interest of employer,
…remedy lies with lawmaking bodies represents interest of ER (would conflict interest)
-but SUPERVISORS also represent interest of the
~O_November 28_O~ ER BUT not absolutely prohibited.
NATURE OF ENTERPRISE: would it matter? WHY CAN’T EXERCISE RIGHT: ACT in interest of
-organization’s purpose? Whether for profit or ER, supposed to represent EEs
not? …can promulgate, decide, managerial policies
NO. New law expressly provides them right to … as opposed to supervisors who can recommend
self-organization. policies but whose decisions are subject to review
of the top managers
ALIENS [A269] …pay to confidential matters re: labor unions,
+valid work permit from DOLE SEC collective bargaining
+country must also provide for said right
WHY GRANT RIGHT TO SUPERVISORS?
OLD LAW PROHIBITION: Protect national -supervisors are EEs in re to their ERs
security, interest
…is there any means of regulating alien’s rights? WHY LIMIT THEM FROM JOINING?
GR: Prohibited -they directly promulgate policies, so they can’t
X: National interest pin labor org of rank and file EEs
WHY GRANT right to form, join and assist LABOR RATIONALE IN RE MANAGERIAL EEs prohibition
ORGS? -If they form part of a labor union, they
ILO Conventions represent interest of ER, But they also have an
Consti Rights interest to protect (own interest)
Law
MISTAKE OF THE LAW RE SUPERVISORS
HOW PROTECTED? -Right granted limited, conflict of interest
between supervisors and rank and file EEs
REASON? -if they’re in 1 union, inherent conflict so remove
Work permit: protect local workers conflict
Reciprocity: to protect OFWs
WHErE LIES ThE CONFLICT OF INTEREST?
SECURITY GUARDS: Inherent conflict of interest which lies in their
hierarchy
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Labor 2 notes_cha mendoza_a2010
1. CB [A212m] MANAGER
-supervisors might just vie for their own interest 1) management of business
2. Strike 2) direct work
-conflict of interest in the part of supervisors may 3) hire and fire
tolerate
3. Discipline OBJECTIVE IN DETERMINING WON SUPERVISOR
OR NOT: Protect right to join, form, assist labor
WHO IS SUPERVISOR? {PEPSI COLA V SEC OF organizations
LABOR}
-decided by nature of the job or the job CONFIDENTIAL EEs
description – the job ACTUALLY PERFORMED; -Not mentioned in the Labor Code
NOT THE NOMENCLATURE -prohibited from joining labor organizations
implicitly
TEST: (1) can lay down managerial policies -has access to confidential information regarding
(2) not merely clerical or routinary LABOR RELATIONS
(3) exercise independent judgment
(4) EFFECTIVE daw… {SAN MIGUEL CORP SUPERVISORS V
LAGUESMA}
WHAT DOES THE WORKER ACTUALLY DO? IS 1) assist or act in a confidential capacity
POWER PRESENT? IS IT EFFECTIVE? 2) formulate, determine, effectuate mgt
policies in the field of labor relations
If power present, but not effective then not 3) necessary: EE’s need to use the Labor
supervisor. How to determine if power effective? Relations Info
TEST OF EFFECTIVENESS: If subject to approval/ e.g. driver of CEO who hears conversation of
review of higher authorities, not supervisors? boss which are confidential in nature –
>NO. A412m “effectively” recommends… confidential if have access to labor relations info
– is the driver a confidential EE?
It’s not what ERs say it is, but what EE actually >NO. not necessarily confidential information
does regarding labor relations
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Labor 2 notes_cha mendoza_a2010
*But nowhere in the law is it stated that when a
COOPERATIVE EEs labor organization is NOT Registered, it is
-also restricted from joining labor organizations illegitimate!
GR: MEMBERS OF COOPERATIVES who are also
co-owners of the cooperatives are prohibited {PAFLU V SEC OF LABOR}
from forming Labor organizations FOR THE …valid exercise of POLICE POWER
PURPOSE of collective bargaining because an ER 1. registration requirement –
cannot bargain with himself condition sine quo non to acquire: (a)
X: HOWEVER, members of the cooperative are legal character; (b) rights and privileges…
not prohibited from LEAVING the cooperative to which are not constitutional rights but
form a labor organization for purposes of merely statutory
collective bargaining BECAUSE membership in …UNIONS CAN EXIST with or without Labor
the cooperative is voluntary. orgs….but to acquire statutory rights and
privileges + legal character only upon
1) An EE + Member of COOP: Can j, a, f registration
a. fact of ownership, not employment, which is 2. Protective device argument:
the basis of prohibition {PROGRESSIVE DEVT CORP V LAGUESMA}:
b. can resign from COOP provided no restrictions protect labor from organizations which are
2) An EE – Member of COOP: can j, a, f not really representatives of labor
3. Police power
IF EE + COOP mem wants to resign from COOP,
can ER restrict right to resign? COMPANY UNION [212i]
GR: As long as there is no prohibition, right is -formation, function or administration has been
absolute assisted by any act defined as ULP – company
X: if there is a restriction, procedure for resigning supported!
valid, should comply with the rules
Vs FRIENDLY UNION [not defined in LC!]
WHAT IF STOCKHOLDER + EE, would the same
rule follow? Vs UNDERSTANDING UNION (Pauso lang si sir!)
>NO! {RURAL BANK OF DAVAO CASE} different
natures *Why these unions are prohibited: They cannot
represent the interests of the EEs in Collective
COOP vs CORP Bargaining
Purpose
Service profit WHAT IF the union has never bargained with the
Ownership ER? Is it a company union? Is it a labor
1 share many shares organization?
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Labor 2 notes_cha mendoza_a2010
>>>NO! It just provides ADDITIONAL
requirements for Federations or National Unions If BY-LAWS are silent, CAN UNION IMPOSE
when they are applying for registration PENALTY FOR ITS MEMBERS?
Read {VILLAR V. INCIONG}
BOOK OF ACCOUNTS
{PROGRESSIVE DEV’T CORP V LAGUESMA} ~O_December 12?_O~
…USED DO-09 which required submission of book
of accounts, regardless if just a new union AFFILIATION AND DISAFFILIATION
{PAGPALAIN HAULERS V TRAJANO} 1) Rand and File + Supervisiors can now affiliate
…USED DO-40-03 which removed the with same labor Federation?
requirement of the submission of Book of YES. {ATLAS LITHOGRAPHIC SERVICES V
Accounts IF LESS THAN 1 YEAR ORGANIZED LAGUESMA} TEST for validity of Supervisors
…RATIO for submission of book of accounts: Union and EEs union joining in same FED
prevention of fraud, minimize risk of fraud and a. rank and file EEs directly under the
diversion in handling union funds to protect authority of the Supervisory EEs
financial integrity of labor organizations b. national fed ACTIVELY INVOLVED in union
activities in the company
WHICH IS BETTER? 2) Affiliates still have individuality
3) Affiliates can enter own contracts
*there are accounting mechanisms built in the LC 4) If state affiliation, just say affiliation
5) Right to disaffiliate – procedure to be followed
BALANCE SHEET: Financial Reports
Vs UNION SECURITY
ASSETS AND LIABILITY SHEETS: Book of Access to Post Termination
Accounts labor market employment
CLOSED SHOP Membership Retain Could
required, membership terminate if
*SO Book of Accounts ≠ Financial reports! only hire not member
members provided
[A241] require to keep book of accounts for UNION SHOP Open – no due process
membership observed
RECORDING PURPOSES requirement
…so {PAGPALAIN V TRAJANO}, even if MAINTENANCE Free access If join union,
submission of book of accounts not required maintain
anymore, LC still provides accounting membership
mechanisms
Termination for NON-AFFILIATION – UNION
~o_December 10_o~ SECURITY
HOW DO YOU TEST IF ACTS OF LABOR UNIONS ER bound to accord DUE PROCESS even if UNION
ARE IN ACCORDANCE WITH LAW? 1) stipulates ER free from liability
…day to day governance of union 2) threat for strikes
…through union by-laws, consti
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Labor 2 notes_cha mendoza_a2010
-EER > DUTY to bargain > CE …CE most effective and most democratic method
of determining which LO can fully represent the
{ALLIED FREE WORKERS V COMPANIA working force in the ABU of a company
MARITIMA}
…in this case, the alleged union only had a +
contract of lease of services with the company, {COLGATE PALMOLIVE V OPLE}
but wanted to hold CE in the company …ruled that Sec of Labor cannot directly certify a
H: Only when there is an EER is there a duty to LO as the EBR of an ABU. Provisions in the LC
bargain. If no duty to bargain, then there is no which aid in ascertaining majority representation
need to have a CE to determine the bargaining are calculated to ensure that the certified BR is
representative (BR) for the ABU the true CHOICE OF THE EEs AGAINST ALL
CONTENDERS.
PROCESSES AVAILABLE TO DETERMINE …If Direct Certification allowed, the intendment
MAJORITY STATUS or purpose of the law will lose its meaning as the
1) CE [256, 257] law is disregarded
2) Consent elections [IRR]
3) CE initiated by ER [258] +
4) Voluntary recognition – provided only 1 {GEORGE & PETER LINES V ALU}
Labor Org in the ABU -even if only 1 LO in the ABU, still cannot resort
to DIRECT CERTIFICATION, FREEDOM OF
CONSENT ELECTIONS V CERTIFICATE CHOICE BY THE EE being primordial
ELECTIONS consideration, statutory policy should not be
{WARREN MANUFACTURING V BLR} circumvented
CE Consent Elec
Directed by BLR, by Voluntarily agreed upon …BUT in DO-40-03, VOLUNTARY RECOGNITION
operation of law OF THE ER allowed!
Exclusive and sole BR Determine majority
for ABU status *SIR:
Could negotiate for No effect on CBA, just 1) freedom of choice has to be preserved
CBA determine who would 2) absent EER, no duty to bargain, no need to
implement CBA in force make use of the process of CE
3) CE statutory policy that cannot be
*BUT DO-40-03 provides that NO CE could be circumvented
held 1 year after a Consent Election…so does this 4) Secrecy of the process must at all times be
mean that the winner in the consent election is preserved through CE
also the BR for the ABU?
ON CONSENT ELECTIONS [RULE VIII, Sec 23,
VOLUNTARY RECOGNITION IRR]
-granted by law [DO-40-03] to ER -holding of Consent Elections a bar to the holding
-only when 1 LO in the ABU of CE for 1 year
-reported to BLR – notice of VOLUNTARY -{Warren Manufacturing} still good law: provides
RECOGNITION that even after Consent elections, CE could still
be held – but it was decided at the time when no
…REQUIREMENTS: Consent Elections yet and Consent elections was
1) legitimate LO conducted there to put an end to the war
2) only 1 LO in the Abu between the competing unions
3) submission of documents -CONSENT ELECTIONS is a means of encouraging
company unions
but
CERTIFICATION ELECTIONS
{SAMAHANG MANGGAGAWA SA PREMEX V SEC -not adversarial, not litigation: purely
OF LABOR} inquisitorial, the PURPOSE IS TO DETERMINE THE
…held that company did not have the power to WILL OF THE EE if they want a bargaining rep or
declare the union the EBR of the ABU not and if they want to, who would represent
…EO 111 discontinued Direct Certification them
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Labor 2 notes_cha mendoza_a2010
ESTABLISHMENT, there is nothing to
WHY NOT LITIGATION? contest, there being no BR.
{YOUNG MEN LABOR UNION V CIR}
…CE proceedings are ON VOLUNTARY RECOGNITION: IS it prohibited
*investigatory in nature in LC? NO. Even provided in Amended IRR
*OBJECT: not the decision of any alleged
commission of wrong nor asserted deprivation of SUBSTANTIAL SUPPORT
right of EEs in selection of BR 1) can’t be questioned by competing union
*Does not entail entry of remedial orders, {TODAY’S KNITTING FREE WORKERS UNION V
redress of rights BUT CULMINATION SOLELY IN NORIEL}
THE OFFICIAL DESIGNATION OF BU and 2) subsequent withdrawal of some members
AFFIRMATION of EEs express choice of BR doesn’t affect substantial support if withdrawal
…in short: no right asserted that was violated does not affect the 25% requirement {TAGAYTAY
which require remedial orders HIGHLANDS V TAGAYTAY HIGHLANDS UNION}
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Labor 2 notes_cha mendoza_a2010
DOES THE PETITION FOR CANCELLATION OF d. run-off elections
CERTIFICATE OF REGISTRATION AFFECT CE?
• NO EFFECT. CE should still be held. The SUSPENSION
pending petition for cancellation would not -pending case of ULP questioning status of LO
stay the holding of a CE – haha. Check (company union) based on [248d]
with suspension v bar discussion
…depends on who filed the petition for
~O_January 21_O~
cancellation! suspension v bar
[A248d] ULP- ER grounds 1. contract bar
WHAT IF PENDING PETITION FOR CE, PETITION dominated union rule
FOR CANCELLATION GRANTED, WOULD CE BE 2. 1-yr bar
3. deadlock
HELD? Just suspends Effect on ce prohibited
Promote right to purpose Industrial peace
IF CERTIFICATIO CANCELLED: cannot run in CE collective and stability in
bargaining, protect general
from ER
~O_January 16_O~ domination
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