DOLE DEPARTMENT DEPARTMENT ORDER NO. 9, SERIES OF 1997 (AMENDING THE RULES IMPLEMENTING BOOK V OF THE LABOR CODE, AS AMENDED)
DEPARTMENT ORDER NO. 9 (Serie !" 1997) AMENDING THE RULES IMPLEMENTING BOOK V OF THE LABOR CODE, AS AMENDED.
ARTICLE I. The Rules implementing Book V of the Code are hereby amended to read as follows!hanrobles"irtuallawlibrary R#LE I $E%I&ITI'& '% TER() )e!tion *. $efinition of terms. + ,a- $epartment means the $epartment of Labor and Employment./)e!retary0 refers to the 1ead of the $epartment. ,b,b- Com Commi miss ssio ion n mean means s the the &ati &ation onal al Labo Labor r Relations Commission or any of its di"isions. ,!- Bureau means the Bureau of Labor Relations and2or the Labor Relations $i"ision in the Regional 'ffi!es of the $epartment. ,d- Board means the &ational Con!iliation and (ediat (ediation ion Board Board establ establish ished ed under under E3e!uti E3e!uti"e "e 'rder &o. *45. ,e- Code means the the 6hilippines7 as amended.
Labor
Code
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,f- Employer in!ludes any person a!ting in the interest of an employer7 dire!tly or indire!tly. The term shall not in!lude any labor organi8ation or any of its offi!ers or agents e3!ept when a!ting as an employer. ,g- Employee Employee in!ludes any person in the employ of a parti! parti!ula ularr employ employer. er. The term shall not be limited to the employees of a parti!ular employer7 unless the Code so e3pli!itly states. It shall in!lude any indi"idual whose work has !eased as a result of or in !onne!tion with any !urrent labor dispute or be!ause of any unfair labor pra!ti!e if he has not obtain obtained ed any other other substan substantia tially lly e9ui"a e9ui"alen lentt and regular employment. ,h,h- Lab Labor or 'rga 'rgani ni8a 8ati tion on mean means s any any unio union n or asso!iation of employees whi!h e3ists in whole or in part for the purpose of !olle!ti"e bargaining or for dealing with employers !on!erning terms and !onditions of employment.
,i- Legit Legitima imate te Labor Labor 'rgani 'rgani8at 8ation ion means means any labor organi8ation defined under letter ,h- hereof whi!h is duly registered with the $epartment. The term in!ludes a lo!al2!hapter dire!tly !hartered by a federation or national union whi!h has been duly report reported ed to the $epart $epartmen mentt in a!!ord a!!ordan! an!e e with with Rule VI7 )e!tion 4 of this Book. ,:- ;orkers< Asso!iation means any asso!iation of worke orkers rs orga organi ni8e 8ed d for for the the mutua utuall aid aid and and prote! prote!tio tion n of its member members s or for any legitima legitimate te purpose other than !olle!ti"e bargaining. ,k,k- Ind Indep epen ende dent nt #nion nion mean eans any any labo abor orga organi ni8a 8ati tion on oper operat atin ing g at the ente enterp rpri rise se le"e le"ell whose whose legal legal persona personalit lity y is deri"e deri"ed d throug through h an indepe independe ndent nt a!tion a!tion for registra registratio tion n pres!ri pres!ribed bed under Arti!le 4=> of the Code andRule III7 )e!tion 4 of these these Rules. Rules.An An indepe independe ndent nt union union may be affili affiliate ated d with with a federa federatio tion7 n7 nation national al or indust industry ry union7 in whi!h !ase it may also be referred to as an affiliate. ,l,l- Lo! Lo!al al #nio #nion2 n2Ch Chap apte ter r mean means s any any labo labor r orga organi ni8a 8ati tion on oper operat atin ing g at the ente enterp rpri rise se le"e le"ell whose whose legal legal person personali ality ty is deri"e deri"ed d throug through h the issua ssuan! n!e e of a !ha !harter rter by a duly uly regi regist ster ered ed fede federa rati tion on or nati nation onal al unio union7 n7 sub: sub:e! e!tt to the the report reporting ing re9uir re9uireme ements nts pres!ri pres!ribed bed in Rule Rule VI7 )e!tion * ofthese Rules. ,m- &ational #nion2%ederation means any labor organi8ation with at least ten ,*?- lo!als2!hapters or affiliates ea!h of whi!h must be a duly !ertified or re!ogni8ed !olle!ti"e bargaining agent. ,n- Legitimate ;orkers< Asso!iation means any workers workers asso!iatio asso!iation n defined defined under letter ,:- hereof hereof whi!h is duly registered with the $epartment. ,o- Industry #nion means any group of legitimate labor organi8ations organi8ations operating operating within within an identified identified industry7 organi8ed for !olle!ti"e bargaining or for dealin dealing g with with employ employers ers !on!er !on!ernin ning g terms terms and !onditions of employment within an industry7 or for parti parti!i !ipa pati ting ng in the the formu formula lati tion on of so!i so!ial al and and employment poli!ies7 standards and programs in su!h su!h industr industry y7 whi!h whi!h is duly duly regist registered ered with the $epartment in a!!ordan!e with Rule IIII7 )e!tion 4 of these Rules. ,p- Trad Trade e #nion #nion Center Center means means any group of registered national unions or federations organi8ed for the mutual aid and prote!tion of its members7 for for assi ssisti sting su!h u!h membe embers rs in !ol !olle!t le!ti" i"e e bargaining7 or for parti!ipating inthe formulation of so!ial so!ial and employ employmen mentt poli!i poli!ies7 es7 standa standards rds and prog progra rams ms77 whi!h hi!h is duly duly regi regist ster ered ed with with the the $epartment in a!!ordan!e with Rule III7 )e!tion 4 of these Rules. ,9-Bargaining #nit refers to a group of employees sharing mutual interests within a gi"en employer unit7 !omprised of all or less than all of the entire
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body body of employ employees ees in the employer employer unit or any spe!if spe!ifi! i! o!!upa o!!upatio tional nal or geogra geographi phi!al !al groupi grouping ng within su!h employer unit.
,r- E3!lusi"e E3!lusi"e Bargaining Bargaining Representati Representati"e "e means any legitimate labor organi8ation duly re!ogni8ed or !ertified as the sole and e3!lusi"e bargaining agent of all the employees in a bargaining unit. ,s,s- Lab Labor or or Indus Industri trial al $isp $isput ute e in!l in!lud udes es any any !ont !ontro ro"e "ers rsy y or matt matter er !on! !on!er erni ning ng term terms s or !ondit !ondition ions s of employ employmen mentt or the asso!i asso!iati ation on or repres represent entati ation on of person personsin sin negoti negotiati ating7 ng7 fi3ing fi3ing77 main mainta tain inin ing7 g7 !han !hangi ging ng or arran arrangi ging ngte term rms s and and !onditions of employment7 regardless of whether or not not the the disp disput utan ants ts stan stand d in the the pro3 pro3im imat ate e relationship of employers and employees.
,t- (anag (anageri erial al Emplo Employee yee is one who who is "ested "ested with with powe powers rs or prer prerog ogat ati" i"es es to lay lay down down and and e3e!u e3e!ute te mana manage geme ment nt poli poli!i !ies es and2 and2or or to hire hire77 transfer7 transfer7 suspend7 suspend7 layoff7 layoff7 re!all7 re!all7 dis!harge7 dis!harge7 assign assign or dis!ipline employees. )uper"isory Employeeis onewho7 in the interest of the employer7 effe!ti"ely re!ommends managerial a!tions if the e3er!ise of su!h authority is not merely routinary or !leri!al in natu nature re but but re9u re9uir ires es the the use use of inde indepe pend nden entt :udgment.All employees not falling withinthede withinthedefiniti finitions ons of managerial managerial or super"isory super"isory employee are !onsidered rank+and+file employees7 for purposes of these Rules. ,u,u- Vol Volun unta tary ry Arbi Arbitr trat ator or mean means s any any pers person on a!!redited by the Board as su!h7 or any person named or designated in the !olle!ti"e bargaining agreement by the parties to a!t as their "oluntary arbi arbitra trato tor7 r7 or one one !hose !hosen7 n7 with with or with withou outt the the assistan!e of the Board7 pursuant to a sele!tion pro!edure agreed upon in the !olle!ti"e bargaining agreement. ,"- )trike means any temporary stoppage of work by the !on!erted a!tion of employees as a result of a labor or industrial dispute. ,w,w- )tr )trik ike+ e+Br Brea eake ker r mean means s any any perso person n who who obstru!ts7 impedes7 or interferesby for!e7 "iolen!e7 !oer!ion7 threats or intimidation with any pea!eful pi!k pi!ket etin ing g by empl employ oyee ees s duri during ng any any labo labor r !ontro"ersy affe!ting wages7 hours or !onditions of work ork or in the the e3er e3er!i !ise se of the the righ rightt to self self++ organi8ation or !olle!ti"e bargaining. ,3,3- )tr )trik ike e Area rea mean means s the the esta establ blis ishm hmen ent7 t7 warehouse7 depots7 plants or offi!es7 in!luding the sites or premises used as run+away shops of the employer stru!k against7 as well as the immediate "i!inity a!tually used by pi!keting strikers in mo"ing to and fro before all points of entran!e to and e3it from said establishment.
,y-Lo ,y-Lo!ko !kout ut means means the tempor temporary ary refusal refusal of an employer to furnish work as a result of a labor or industrial dispute. ,8- Intra Intra+#n +#nion ion $isput $ispute e refers refers to any !onfli !onfli!t !t between and among union members7 and in!ludes all disputes or grie"an!es arising from any "iolation of or disag disagre reem emen entt o"er o"er any any pro" pro"is isio ion n of the !onstitution and by+laws of a union7 in!luding !ases aris arisin ing g from from !har !harte teri ring ng or affi affili liat atio ion n of labo labor r organi8ations or from any "iolation of the rights and !onditions of union membershippro"ided for in the Code. ,aa,aa- Inter+ Inter+#ni #nion on $isput $isputer erefe efers rs to any !onfli !onfli!t !t between and among legitimate labor organi8ations in"ol"ing 9uestions of representation for purposes of !olle!ti"e !olle!ti"e bargaining.It bargaining.It also in!ludes in!ludes all other !onfli!ts whi!h legitimate labor organi8ations may ha"e against ea!h other based on any "iolations of their rights as labor organi8ations. ,bb-Appeal means the ele"ation by an aggrie"ed party of any de!ision7 order or award of a lower body to a higher body7 by means of a pleading whi!h in!ludes the assignment of errors7arguments in suppor supportt thereo thereof7 f7 and the relie reliefs fs praye prayed d for. for. A mere mere noti noti!e !e of appe appeal al77 ther theref efor ore7 e7 does does not not !onst !onstit itut ute e the the appe appeal al as here herein in defi define ned d and and understood7 and shall not stop the running of the period for perfe!ting an appeal. ,!!- 6erfe!tion of an Appeal in!ludes the filing7 within the pres!ribed period7 of the memorandum of appe appeal al !onta ontaiining ning77 amon among g othe others rs77 the the assi assign gnme ment nt of erro error2s r2s77 argu argume ment nts s in supp suppor ortt thereo thereof7 f7 the relief reliefs s sought sought and7 and7 in approp appropria riate te !ases7 posting of the appeal bon ,dd- Certifi!ation Ele!tion means the pro!ess of determ determini ining ng throug through h se!ret se!ret ballot ballot the sole sole and e3!l e3!lus usi" i"e e barg bargai aini ning ng repr repres esen enta tati ti"e "e of the the employees employees in an appropriate appropriate bargaining bargaining unit7 for purposes of !olle!ti"e bargaining. ,ee,ee- Con Conse sent nt Ele! Ele!ti tion on mean means s the the ele! ele!ti tion on "olunt "oluntari arily ly agreed agreed upon by the partie parties7 s7 with with or withou withoutt the inter" inter"ent ention ion of the $epartm $epartment ent77 to determine the issue of ma:ority representation of all the workers in the appropriate !olle!ti"e bargaining unit. ,ff- Run+'ff Ele!tionrefers to an ele!tion between the labor labor unions unions re!ei" re!ei"ing ing the two ,4- highes highestt number of "otes when a !ertifi!ation ele!tion whi!h pro"ides for three ,=- or more !hoi!es results in no !hoi!e re!ei"ing a ma:ority of the "alid "otes !ast@ pro"id pro"ided7 ed7 that the total number number of "otes "otes for all !ontending unions is at least fifty per!ent ,?- of the number of "otes !ast.
,gg,gg- Ele!t Ele!tion ion6ro 6ro!ee !eedin dings0 gs0 refer refer to the period period during a !ertifi!ation7 !onsent or run+off ele!tion or
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ele!tion of union offi!ers starting from the opening to the !losing of the polls7 in!luding the !ounting and tabulation of the "otes7 but e3!luding the period for the final determination of the !hallenged "otes and the !an"ass thereof. ,hh- 'rgani8ed Establishment refers to a firm or !ompany where there e3ists a re!ogni8ed or !ertified e3!lusi"e bargaining agent. ,ii- Registration 6ro!eedings refer to pro!eedings in"ol"ing the appli!ation for registration of a labor organi8ation or a workers< asso!iation. ,::- Can!ellation 6ro!eedings refer to the pro!ess leading to the re"o!ation of the legal personality of a labor organi8ation or a workers< asso!iation after due pro!ess. ,kk- 1earing 'ffi!ers are offi!ers authori8ed by the )e!retary to hear and de!ide !ases under Arti!le *4 of theCode7 as amended by )e!tion 4 of Republi! A!t &o. 5D*7 and whose de!ision is appealable to the Commission. ,ll- #nion A!!ounts E3aminers are offi!ers of the Bureau or in the Regional 'ffi!es assigned to !ondu!t an audit of thebooks of a!!ounts of a legitimate labor organi8ation or workers asso!iation. ,mm- Ele!tion 'ffi!er refers to an offi!er assigned by the Bureau or Regional $ire!tor to !ondu!t and super"ise !ertifi!ation ele!tions and to pro"ide assistan!e7 whene"er re9uested7 in the !ondu!t of ele!tion of union offi!ers in a!!ordan!e withRules I7 II and III of these Rules. ,nn- Term of 'ffi!e refers to the fi3ed period of fi"e ,- years during whi!h the duly ele!ted offi!ers of a labor organi8ationshall dis!harge the fun!tions of their offi!e. ,oo- Cabo refers to a person or group of persons or to a labor group whi!h7 in the guise of a labor organi8ation7 supplies workers to an employer7 with or without any monetary or other !onsideration whether in the !apa!ity of an agent of the employer or as an ostensible independent !ontra!tor. ,pp- Colle!ti"e Bargaining Agreement refers to the negotiated !ontra!t between a legitimate labor organi8ation and the employer !on!erning wages7 hours of work and all other terms and !onditions of employment in a bargaining unit. ,99- (ed+Arbiter is an offi!er in theRegional 'ffi!e or in the Bureau authori8ed to hear7 !on!iliate7 mediate and de!ide representation !ases7or to assist in the disposition of intra+ or inter+union disputes.
,rr- /Con!iliator+(ediator is an offi!er of the Board whose prin!ipal fun!tion is to assist in the settlement and disposition of labor+management disputes through !on!iliation and pre"enti"e mediation7 in!luding thepromotion and en!ouragement of "oluntary approa!hes to labor disputes pre"ention and settlement.
RULE II COVERAGE OF THE RIGHT TO SELF# ORGANI$ATION
)e!tion *.6oli!y.+ It is the poli!y of the )tate to promote the free and responsible e3er!ise of the right to self+organi8ation through the establishment of a simplified me!hanism for the speedy registration of labor organi8ations and workers< asso!iations7 determination of representation status7 and resolution of intra+ and inter+union disputes.'nly legitimate or registered labor organi8ations or workers< asso!iations shall ha"e the right to represent their members for !olle!ti"e bargaining and other purposes.
)e!tion 4.;ho may :oinlabor organi8ations.+All persons employed in !ommer!ial7 industrial and agri!ultural enterprises7 in!luding employees of go"ernment+owned or !ontrolled !orporations without original !harters established under the Corporation Code7 as well as employees of religious7 !haritable7 medi!al or edu!ational institutions whether operating for profit or not7 shall ha"e the right to self+organi8ation and to form7 :oin or assist labor organi8ations for purposes of !olle!ti"e bargaining@ pro"ided7 howe"er7 that super"isory employees shall not be eligible for membership in a labor organi8ation of the rank+ and+file employees but may form7 :oin or assist separate labor organi8ations of their own.(anagerial employees shall not be eligible to form7 :oin or assist any labor organi8ation for purposes of !olle!ti"e bargaining. Alien employees with"alidworking permits issued by the $epartment may e3er!ise the right to self+organi8ation and :oin or assist labor organi8ations for purposes of !olle!ti"e bargaining if they are nationals of a !ountry whi!h grants the same or similar rights to %ilipino workers7 as !ertified by the $epartment of %oreign Affairs. %or the purpose of this )e!tion7 any employee7 whether employed for a definite period or not7 shall7 beginning on the first day of his ser"i!e7 be eligible for membership in any labor organi8ation.
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)e!tion =. All other workers in!luding ambulant7 intermittent and other workers7 the self+employed7 rural workers and those without any definite employers may form workers asso!iations for their mutual aid and prote!tion and for other legitimate purposes.
with where the !onstitution and by+laws was ratified or adopted during the organi8ational meeting referred to in paragraph ,a- abo"e.In su!h !ase7 the fa!tual !ir!umstan!es of the ratifi!ation shall be re!orded in the minutes of the organi8ational meeting.
RULE III
,II-The appli!ation for registration of a federation or national union shall7 in addition to sub+paragraphs ,a-7 ,!- and ,d- of the immediately pre!eding paragraph7 be supported
REGISTRATION OF LABOR ORGANI$ATIONS
)e!tion *. ;here to file appli!ations. + The appli!ation for registration of any federation7 national or industry union or trade union !enter shall be filed with the Bureau.; here the appli!ation is filed with the Regional 'ffi!e7 the same shall be immediately forwarded to the Bureau within forty+ eight ,>F- hours from filing thereof7 together with all the do!uments supporting the registration. The appli!ation for registration of an independent union shall be filed with and be a!ted upon by the Regional 'ffi!e where the appli!ant
The !harter !ertifi!ate issued by a federation or national union in !reating a lo!al2!hapter7 together with the supporting do!uments e"iden!ing the establishment of su!h lo!al2!hapter7 shall be filed with the Regional 'ffi!e or the Bureau within thirty ,=?- days from the issuan!e of su!h !harter !ertifi!ate. )e!tion4.Re9uirements for registration of labor organi8ations.+ ,I- The appli!ation for registration of an independent union shall be supported by the following ,a-The names of its offi!ers7 their addresses7 the prin!ipal address of the labor organi8ation7 the minutes of the organi8ational meetings and the list of workers who parti!ipated in su!h meetings@ ,b-The number of employees and names of all its members !omprising at least twenty per!ent ,4?of the employees in the bargaining unit where it seeks to operate@ ,!-If the appli!ant union has been in e3isten!e for one or more years7 two !opies of its annual finan!ial reports7 unless it has not !olle!ted any amount from the members7 in whi!h !ase a statement to this effe!t shall be in!luded in the appli!ation@ and ,d-%our !opies of its !onstitution and by+ laws7minutes of its adoption or ratifi!ation7 and the list of the members who parti!ipated in it. 1owe"er7 the list of ratifying members shall be dispensed
,a-The resolution of affiliation of at least ten ,*?lo!als2!hapters or affiliates7 ea!h of whi!h must be a duly re!ogni8ed or !ertified bargaining representati"e in the establishment where it seeks to operate@ and ,b- The names and addresses of the !ompanies where the lo!als2!hapters or affiliates operate and the list of all the members in ea!h !ompany in"ol"ed. ,III-The appli!ation for registration of an industry or trade union !enter shall be supported by the following ,a-The list of its member organi8ations and their respe!ti"e presidents and7 in the !ase of an industry union7 the industry where the union seeks to operate@ ,b-The resolution of membership of ea!hmember organi8ation7 appro"ed by the Board of $ire!tors of su!h union@
,!-The name and prin!ipal address of the appli!ant7 the names of its offi!ers and their addresses7 the minutes of its organi8ational meeting2s7 and the list of member organi8ations and their representati"es who attended su!h meeting2s@ and ,d- A !opy of its !onstitution and by+laws and minutes of its ratifi!ation by a ma:ority of the presidents of the member organi8ations7 pro"ided that where the ratifi!ation was done simultaneously with the organi8ational meeting7 it shall be suffi!ient that the fa!t of ratifi!ation be in!luded in the minutes of the organi8ational meeting.
RULE IV REGISTRATION OF %ORKERS& ASSOCIATIONS )e!tion *. ;here to file appli!ations.+The appli!ation for registration of a workers asso!iation whose pla!e of operation is !onfined to one regional :urisdi!tion shall be filed dire!tly and a!ted upon by the Regional 'ffi!e where it
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operates.'therwise7 the appli!ation shall be filed and a!ted upon by the Bureau. )e!tion 4. Re9uirements for registration.+The appli!ation for registration of a workers asso!iation shall be supported by the following ,a- The names of its members7 their addresses7 the prin!ipal offi!e of the appli!ant7 the minutes of its organi8ational meeting2s7 and the names of its indi"idual members who attended su!h meeting2s@ ,b- A !opy of its !onstitution and by+laws7 duly ratified by a ma:ority of its indi"idual members@ ,!- In the !ase of any grouping of workers< asso!iations7 the re9uirements under Rule III7 )e!tion 47 &o. III of these Rules shall apply.
RULE V PROVISIONS COMMON TO THE REGISTRATION OF LABOR ORGANI$ATIONS AND %ORKERS& ASSOCIATIONS
)e!tion *. Attestation re9uirements.+ The appli!ation for registration of any labor organi8ation or workers< asso!iation7 in!luding all the a!!ompanying do!uments7 shall be "erified under oath by its )e!retary or Treasurer7 as the !ase may be7 and attested to by its 6resident. )e!tion 4. 6ayment of registration fee.+ A labor organi8ation or workers< asso!iation shall be issueda !ertifi!ate of registration upon payment of the pres!ribed registration fee. )e!tion =. A!tion on appli!ations.+The Regional 'ffi!e or the Bureau7 as the !ase may be7 shall a!t on all appli!ations for registration within thirty ,=?days from filing thereof7 either by appro"ing the appli!ation and issuing the !ertifi!ate of registration7 or denying the appli!ation for failure of the appli!ant to !omply with the re9uirements for registration.;here the do!uments supporting the appli!ation are not !omplete or do not !ontain the re9uisite attestation re9uirements7 the Regional 'ffi!e or the Bureau shall7 within fi"e ,- days from re!eipt of the appli!ation7 notify the appli!ant in writing of the re9uirements needed to !omplete the appli!ation.;here the appli!ant fails to !omplete the re9uirements within thirty ,=?- days from re!eipt of noti!e7 the appli!ation shall be denied without pre:udi!e.
)e!tion >. $enial of registration@ grounds for appeal. + The de!ision of the Regional 'ffi!e or the Bureau denying the appli!ation for registration shall be in writing7 stating in !lear terms the reasons therefor.A !opy thereof shall be furnished the appli!ant union.The de!ision may be appealed to the Bureau if the denial is by the Regional $ire!tor7 or to the )e!retary if the denial is by the Bureau7 within ten ,*?- days from re!eipt of noti!e thereof7 on the groundof gra"e abuse of dis!retion or "iolation of these Rules. The appeal shall be filed in the Regional 'ffi!e or in the Bureau7 as the !ase may be7 whi!h shall !ause the transmittal of the re!ords to the Bureauor to the )e!retary within fi"e ,- !alendar days from re!eipt of the appeal. The Bureau or the )e!retary shall de!ide the appeal within twenty ,4?- !alendar days from re!eipt of the re!ords of the !ase. )e!tion . Effe!t of registration. + The labor organi8ation or workers< asso!iation shall be deemed registered and "ested with legal personality on the date of issuan!e of its !ertifi!ate of registration.)u!h legal personality !annot thereafter be sub:e!t to !ollateral atta!k7 but may be 9uestioned only in an independent petition for !an!ellation in a!!ordan!e with these Rules.
RULE VI CHARTERING AND AFFILIATION OF LABOR ORGANI$ATIONS AND %ORKERS& ASSOCIATIONS
)e!tion *. Chartering and !reation of a lo!al2!hapter.+ A duly registered federation or national union may dire!tly !reate a lo!al2!hapter by submitting to the Regional 'ffi!e or to the Bureau two ,4- !opies of the following ,a-A !harter !ertifi!ate issued by the federation or national union indi!ating the !reation or establishment of the lo!al2!hapter@ ,b- The names of the lo!al2!hapter
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Treasurer of the lo!al2!hapter and attested to by its 6resident. )e!tion 4. Chartering by a workers asso!iation. + A duly registered workers< asso!iation may likewise !harter any of its bran!hes7 sub:e!t to the filing of the do!uments pres!ribed under the immediately pre!eding se!tion. )e!tion=. A!9uisition of legal personality by lo!al2!hapter. + A lo!al2!hapter !onstituted in a!!ordan!e with )e!tion * of this Rule shall a!9uire legal personality from the date of filing of the !omplete do!uments enumerated therein. #pon !omplian!e with all the do!umentary re9uirements7 the Regional 'ffi!e or Bureau shall issue in fa"or of the lo!al2!hapter a !ertifi!ate indi!ating that it is in!luded in the roster of legitimate labor organi8ations. )e!tion >.Affiliation of independent union. + An independent union shall be !onsidered an affiliate of a federation or national or industry union upon filing by the latter to the Regional 'ffi!e or Bureau of two ,4- !opiesea!h of "erified resolution of affiliation7 ratified by a ma:ority of the members of the former7 and a resolution of a!!eptan!e by the latter.
RULE VII REPORTING RE'UIREMENTS OF LABOR ORGANI$ATIONS AND %ORKERS& ASSOCIATIONS .)e!tion *. Reporting re9uirements.+ It shall be the duty of e"ery legitimate labor organi8ation and workers< asso!iation to submit to the Regional 'ffi!e or the Bureau two ,4- !opies ea!h of the following ,a- Any amendments to its !onstitution and by+laws and the minutes of adoption or ratifi!ation of su!h amendments7 within thirty ,=?- !alendar days from its adoptionor ratifi!ation@ ,b- Annual finan!ial reports withinthirty ,=?!alendar days after the !lose of ea!h fis!al year@ ,!- #pdated list of newly+ele!ted offi!ers7 together with the appointi"e offi!ers or agents who are entrusted with the handling of funds7 within thirty ,=?- !alendar days after ea!h regular or spe!ial ele!tion of offi!ers7 or from the o!!urren!e of any !hange in the offi!ers or agents of the labor organi8ation or workers< asso!iation@ and ,d#pdated list of indi"idual members7 lo!als2!hapters7 affiliates or bran!hes7 as the !ase may be7 within thirty ,=?- !alendar days after the !lose of ea!h fis!al year.
As understood in these Rules7 the fis!al year of a labor organi8ation or workers< asso!iation shall !oin!ide with the !alendar year7 unless a different period is pres!ribed in its !onstitution and by+laws.
RULE VIII CANCELLATION OF REGISTRATION OF LABOR ORGANI$ATIONS AND %ORKERS& ASSOCIATIONS
)e!tion*. Venue of a!tion. + Ifthe respondent to the petitionis a lo!al2!hapter7 affiliate7 or a workers< asso!iation with operations limited to one region7 the petition shall be filed with the Regional 'ffi!e ha"ing :urisdi!tion o"er the pla!e where the respondent prin!ipally operates. 6etitions filed against federations7 national or industry unions7 trade union !enters7 or workers< asso!iations operating in more than one regional :urisdi!tion7 shall be filed with the Bureau.
)e!tion 4. ; ho may file@ form and !ontents of petition. + Any party+in+interest may !ommen!e a petition for !an!ellation of registration7 e3!ept in a!tions in"ol"ing "iolations of Arti!le 4>* whi!h !an be !ommen!ed only by members of the respondent labor organi8ation or workers< asso!iation. The petition shall be under oath and shall state !learly and !on!isely the fa!ts and grounds relied upon7 a!!ompanied by proof of ser"i!e that a !opy thereof has been furnished the respondent. )e!tion=. Can!ellation of registration@ nature and grounds. + )ub:e!t to the re9uirements of noti!e and due pro!ess7 theregistration of any legitimate labor organi8ation or workers< asso!iation may be !an!elled by the Bureau or the Regional 'ffi!e upon the filing of an independent petition for !an!ellation based on any of the following grounds ,a- %ailure to !omply with any of the re9uirements pres!ribed under Arti!les 4=>7 4=D and 4=F of the Code@ ,b- Violation of any of the pro"isions ofArti!le 4= of the Code@ ,!- Commission of any of the a!ts enumerated under Arti!le 4>* of the Code@ pro"ided7 thatno petition for !an!ellation based on this ground may be granted unless supported by at least thirty per!ent ,=?- of all the members of the respondent labor organi8ation or workers< asso!iation.
5
)e!tion >. A!tion on the petition@ appeals. + The Regional or Bureau $ire!tor7 as the !ase may be7 shall ha"e thirty ,=?- days from submission of the !ase for resolution within whi!h to resol"e the petition. The de!ision of the Regional or Bureau $ire!tor may be appealed to the Bureau or the )e!retary7 as the !ase may be7 within ten ,*?- days from re!eipt thereof by the aggrie"ed party on the ground of gra"e abuse of dis!retion or any "iolation of these Rules. The Bureau or the )e!retary shall ha"e fifteen ,*days from re!eipt of the re!ords of the !ase within whi!h to de!ide the appeal. The de!ision of the Bureau or the )e!retary shall be final and e3e!utory. )e!tion .Re"o!ation of legal personality of lo!al2!hapter.+ In addition to the grounds for !an!ellation enumerated in the immediately pre!eding se!tion7 a federation7 national union or workers< asso!iation may re"oke the !harter issued to a lo!al2!hapter or bran!h by ser"ing on the latter a "erified noti!e of re"o!ation7 !opy furnished the Bureau7 on the ground of disloyalty or su!h other grounds as may be spe!ified in the !onstitution and by+laws of the federation7 national union or workers< asso!iation. The re"o!ation shall di"est the lo!al2!hapter of its legal personality upon re!eipt of the noti!e by the Bureau7 unless in the meantime the lo!al2!hapter has a!9uired independent registration in a!!ordan!e with these Rules. )e!tion 5. Effe!t of !an!ellation of registration of federation or national union on lo!als2!hapters.+ The !an!ellation of registration of a federation or national union shall operate to di"est its lo!als2!hapters of their status as legitimate labor organi8ations7 unless the lo!als2!hapters are !o"ered by a duly registered !olle!ti"e bargaining agreement.In the latter !ase7 the lo!als2!hapters shall be allowed to register as independent unions7 failing whi!h they shall lose their legitimate status upon the e3piration of the !olle!ti"e bargaining agreement.
RULE I DETERMINATION OF REPRESENTATION STATUS
bargaining representati"e en:oys the ma:ority support of all the employees in the bargaining unit. )e!tion4. $etermination of representation status@ modes. + The determination of an e3!lusi"e bargaining representati"e shall be through "oluntary re!ognition in !ases where there is only one legitimate labor organi8ation operating within the bargaining unit7 or through !ertifi!ation7 run+off or !onsent ele!tion as pro"ided for in this Book.
RULE VOLUNTAR RECOGNITION )e!tion *. Re9uirements for "oluntary re!ognition. + In unorgani8ed establishments7 the employer may "oluntarily re!ogni8e the representation status of a union. ;ithin thirty ,=?- days from re!ognition7 the employer representati"e and union president shall submit to the Regional 'ffi!e a :oint statement attesting to the fa!t of "oluntary re!ognition7 whi!h shall also in!lude the following ,a- 6roof of posting of the :oint statement of "oluntary re!ognition for fifteen ,*- !onse!uti"e days in two ,4- !onspi!uous pla!es of the establishment or bargaining unit where the union seeks to operate@ ,b- The appro3imate number of employees in the bargaining unit7 a!!ompanied by the names and signatures of atleast a ma:ority of the members of the bargaining unit supporting the "oluntary re!ognition@ and ,!- A statement that there is no other legitimate labor organi8ation operating within the bargaining unit. The :oint statement shall be under oath.
)e!tion4. Effe!t of "oluntary re!ognition.+ ;ithin twenty+four ,4>- hours upon submission of all the aforementioned do!uments7 the Regional 'ffi!e shall enter the fa!t of "oluntary re!ognition into the re!ords of the union7 !opy of su!h entry immediately furnished the Bureau. %rom the time of re!ording7 the union shall en:oy the rights7 pri"ileges and obligations of an e3!lusi"e bargaining representati"e.
. )e!tion *. 6oli!y.+It is the poli!y of the )tate to promote free trade unionism through e3peditious pro!edures go"erning the !hoi!e of an e3!lusi"e bargaining representati"e.The determination of su!h e3!lusi"e bargainingrepresentati"e is a non+ litigious pro!eeding and7 as far as pra!ti!able7 shall be free from te!hni!alities of law and pro!edure7 pro"ided only that in e"ery !ase7 the e3!lusi"e
D
RULE I CERTIFICATION ELECTIONS )e!tion *.;ho may file. + )ub:e!t to the pro"isions of this Rule7 any legitimate labor organi8ation or any employer7 when re9uested to bargain !olle!ti"ely and the status of the union is in doubt7 may file a petition for !ertifi!ation ele!tion. )e!tion4.;here to file. + A petition for !ertifi!ation ele!tion may be filed with the (ed+Arbiter through the Regional 'ffi!e whi!h has :urisdi!tion o"er the prin!ipal offi!e of the employer or where the bargaining unit is prin!ipally situated. ;here two or more petitions in"ol"ing the same bargaining unit are filed in one Regional 'ffi!e7 the same shall be automati!ally !onsolidated.;here these petitions are filed in different Regional 'ffi!es7 the Regional 'ffi!e whi!h first a!9uires :urisdi!tion o"er the !ase shall e3!lude the others7 in whi!h !ase the latter shall endorse the petition to the former for !onsolidation. )e!tion =. ;hen to file. + In the absen!e of a !olle!ti"e bargaining agreement duly registered in a!!ordan!e with Arti!le 4=* of the Code7 a petition for !ertifi!ation ele!tion may be filed at any time. 1owe"er7 no !ertifi!ation ele!tion may be filed within one year from the date of a "alid!ertifi!ation7!onsentor run+off ele!tion orfrom the date of "oluntary re!ognition in a!!ordan!e with Rule of these Rules@ pro"ided7 that where an appeal has been filed on the order of the (ed+ Arbiter !ertifying the results of the ele!tion7 the running of the one year period shall be suspended until the de!ision on the appeal shall ha"e be!ome final and e3e!utory. &either may a representation 9uestion be entertained if7 before the filing of a petition for a !ertifi!ation ele!tion7 the duly re!ogni8ed or !ertified union has !ommen!ed negotiations with the employer in a!!ordan!e with Arti!le 4? of the Code within the one+year period referred to in the immediately pre!eding paragraph7 or a bargaining deadlo!k to whi!h an in!umbent or !ertified bargaining agent is a party had been submitted to !on!iliation or arbitration or had be!ome the sub:e!t of "alid noti!e of strike or lo!kout. If a !olle!ti"e bargaining agreement has been duly registered in a!!ordan!e with Arti!le 4=* of the Code7 a petition for !ertifi!ation ele!tion or a motion for inter"ention !an only be entertained within si3ty ,5?- days prior to the e3piry date of su!h agreement.
)e!tion >. %orm and !ontents of petition. + The petition shall be in writing and under oath and shall !ontain7 among others7 the following
,a- The name of petitioner7 its address7 and affiliation if appropriate7 the date of its registration and number of its !ertifi!ate of registration if petitioner is a federation7 national union or independent union7 or the date it was reported to the $epartment if it is a lo!al2!hapter@ ,b- The name7 address and employerGs business@
nature of
the
,!- The des!riptionof the bargaining unit@ ,d-The appro3imate number of employees in the bargaining unit@ ,e- The names and addresses of other legitimate labor organi8ations in the bargaining unit@ ,f- A statement indi!ating any of the following !ir!umstan!es i- that the bargaining unit is unorgani8ed or that there is no registered !olle!ti"e bargaining agreement !o"ering the employees in the bargaining unit@ ii- if there e3ists a duly registered !olle!ti"e bargaining agreement7 that the petition is filed within the si3ty+day freedom period of su!h agreement@ or iii- if another union had been pre"iously !ertified in a "alid !ertifi!ation7 !onsent or run+off ele!tion or "oluntarily re!ogni8ed in a!!ordan!e with Rule of these Rules7 that the petition is filed outside the one+year period from su!h !ertifi!ation or run+off ele!tion and no appeal is pending thereon7 or from the time the fa!t of re!ognition was entered into the re!ords of su!h union. ,g-In an organi8ed establishment7 the signatures of at least twenty+fi"e ,4- per!ent of all employees in the appropriate bargaining unit whi!h shall be atta!hed to the petition at the time of its filing@ and ,h-'ther rele"ant fa!ts.
;hen the petition is filed by an employer7 it shall !ontain7 among others ,a- The name7 address and general nature of the employerGs business@ ,b- &ames and addresses of the legitimate labor organi8ations in"ol"ed@ ,!- The appro3imate number of the employees in the appropriate bargaining unit@ ,d- A des!ription of the bargaining unit@ and ,e- 'ther rele"ant fa!ts.
F
)e!tion . Assignment of the !ase.+ ;ithin twenty+ four ,4>- hours from re!eipt ofthepetition7 the Regional $ire!tor shall assign the !ase to a (ed+ Arbiter7 who shall immediately !ause the posting of the petition in two !onspi!uous pla!es where the petitioner seeks to operate and the issuan!e of summons to all parties named in the petition7 indi!ating the first hearing and ordering the parties to appear therein. )e!tion5. %or!ed Inter"enor. + The in!umbent bargaining agent shall automati!ally be one of the !hoi!es in the !ertifi!ation ele!tion as for!ed inter"enor. )e!tion D.(otions for inter"ention@ when proper.+ ;hen a petition for !ertifi!ation ele!tion had been filed in an organi8ed establishment7 any legitimate labor organi8ation other than the in!umbent bargaining agent operating within the bargaining unit may file a motion for inter"ention with the (ed+ Arbiter during the freedom period of the !olle!ti"e bargaining agreement.The form and !ontents of the motion shall be the same as that of a petition for !ertifi!ation ele!tion. In an unorgani8ed establishment7 the motion shall be filed at any time prior to the finality of the de!ision !alling for a !ertifi!ation ele!tion.The form and !ontents of the petition shall likewise be the same as that of a petition for !ertifi!ation ele!tion.If the motion is found suffi!ient in form and substan!e7 the (ed+Arbiter shall7 within fi"e ,days from re!eipt thereof but in any e"ent prior to the holding of the ele!tion if su!h had been s!heduled7 order the in!lusion of the mo"ant as one of the !hoi!es7 and the original de!ision shall be amended a!!ordingly.The order of the (ed+ Arbiter resol"ing the motion shall not be sub:e!t to re!onsideration or appeal.Any motion for re!onsideration or appeal so filed shall not stay the holding of the !ertifi!ation or !onsent ele!tion7 but ne"ertheless shall form part of the re!ords of the !ase. )e!tion F.1earings@ purpose. + The (ed+Arbiter may !ondu!t hearings with the "iew of ,a- arri"ing at a stipulation of fa!ts@ ,b- determining the parties to the ele!tion@ ,!- getting the parties to agree to a !onsent ele!tion@ ,d- asking !larifi!atory 9uestions@ and ,e- defining or limiting the issues.The (ed+ Arbiter shall ha"e !ontrol of the pro!eedings.6ostponements or !ontinuan!es shall7 as a matter of poli!y7 be dis!ouraged. In !ase the !ontending unions agree to a !onsent ele!tion7 the (ed+Arbiter shall not issue a formal order !alling for the !ondu!t of an ele!tion7 but shall enter the fa!t of the agreement in the minutes of the hearing and shall !ause the immediate s!heduling of the pre+ele!tion !onferen!e.The minutes of the hearing shall be signed by the parties and attested to by the (ed+Arbiter.
)e!tion . Answer. + If the !ontending unions fail to agree to a !onsent ele!tion during the first hearing7 the (ed+Arbiter shall in the same hearing dire!t all !on!erned parties7 in!luding the employer7 to simultaneously submit their respe!ti"e position papers within a non+e3tendible period of ten ,*?days.The position papers shall spe!ifi!ally address the issues identified during the hearing7 and shall in!lude all arguments and e"iden!e as the parties may deem rele"ant in the disposition of the !ase.All arguments not so raised are deemed wai"ed.#pon the e3piration of the ten+day period7 the petition shall be deemed submitted for resolution7 with or without position papers submitted by the parties.
)e!tion *?. %ailure to appear despite noti!e. + The failure of any party to appear twi!e despite noti!e7 whether !onse!uti"e or not7 shall be deemed a wai"er of its right to be heard7 in whi!h !ase the (ed+Arbiter shall pro!eed to resol"e the petition on the basis of a"ailable re!ords. )e!tion **. A!tion on the petition. + The (ed+ Arbiter shall ha"e twenty ,4?- working days from submission of the !ase for resolution within whi!h to grant or dismiss the petition.
I.A de!ision granting the petition shall state the following ,a-The name of the employer or the establishment@ ,b-The des!ription of the bargaining unit@ ,!-The names of the !ontending unions whi!h shall appear in the following order i-6etitioner union or7 in !ase of two or more petitioners7 in the order in whi!h the petitions were filed@ ii-for!ed inter"enor@ and iii-other inter"enors. The de!ision shall also in!lude a dire!ti"e for the employer to submit within ten ,*?- days from re!eipt of the de!ision7 the !ertified list of employees in the bargaining unit7 or where ne!essary7 the payrolls !o"ering the members of the bargaining unit for the last three ,=- months immediately pre!eding the issuan!e of the de!ision.In the e"ent the employer does not submit the list or payrolls as the !ase may be7 the union may submit its own list. In a petition filed by a legitimate labor organi8ation in"ol"ing an unorgani8ed establishment7the (ed+ Arbiter shall7 pursuant to Arti!le 4D of the Code7 automati!ally order the !ondu!t of a !ertifi!ation
ele!tion after determining that the petition has !omplied with all the re9uirements enumerated under )e!tions *7 4 and > hereof7 and that none of the grounds for dismissal enumerated in the immediately su!!eeding paragraph e3ists. II.The (ed+Arbiter shall dismiss the petition on any of the following grounds ,a- The petitioner is not listed by the Regional 'ffi!e or Bureau in its registry of legitimate labor organi8ations7 or that its legal personality has been re"oked or !an!elled with finality in a!!ordan!e with Rule VIII of these Rules@ ,b- The petition was filed before or after the freedom period of a duly registered !olle!ti"e bargaining agreement@ pro"ided7 that the si3ty+day freedom period based on the original !olle!ti"e bargaining agreement shall not be affe!ted by any amendment7 e3tension or renewal of the !olle!ti"e bargaining agreement@ ,!- The petition was filed within one ,*- year from a "alid !ertifi!ation7 !onsent or run+off ele!tion and no appeal on the results is pending thereon7 or from re!ording of the fa!t of "oluntary re!ognition with the Regional 'ffi!e@ ,d- A duly re!ogni8ed or !ertified union has !ommen!ed negotiations with the employer in a!!ordan!e with Arti!le 4? of the Code within the one+year period referred to in )e!tion =7 Rule I of these Rules7 or there e3ists a bargaining deadlo!k whi!h had been submitted to !on!iliation or arbitration or had be!ome the sub:e!t of a "alid noti!e of strike or lo!kout to whi!h an in!umbent or !ertified bargaining agent is a part y@ ,e- In !ase of an organi8ed establishment7 failure to submit the twenty+fi"e per!ent ,4- support re9uirement upon the filing of the petition@ or ,f- La!k of interest or withdrawal on the part of the petitioner@ pro"ided7 that where a motion for inter"ention has been filed during the freedom period7 said motion shall be deemed and disposed of as an independent petition for !ertifi!ation ele!tion if it !omplies with all the re9uisites for the filing of a petition for !ertifi!ation ele!tion as pres!ribed in )e!tion > of these Rules. )e!tion *4.Appeal@ finality of de!ision. + The de!ision of the(ed+Arbiter may be appealed to the)e!retary for any "iolation of these Rules. Interlo!utory orders issued by the (ed+Arbiter prior to the grant or denial of the petition7 in!luding orders granting motions for inter"ention issued after an order !alling for a !ertifi!ation ele!tion7 shall not be appealable.1owe"er7 any issue arising therefrom may be raised in the appeal on the de!ision granting or denying the petition. The appeal shall be under oath and shall !onsist of a memorandum of appeal spe!ifi!ally stating the
grounds relied upon by the appellant with the supporting arguments and e"iden!e.The appeal shall be deemed not filed unless a!!ompanied by proof of ser"i!e thereof to appellee. )e!tion *=.;here to file appeal. + The appellant shall file its appeal with the Regional 'ffi!e where the !ase originated.
. )e!tion *>.6eriod to reply. + The appellee shall file its reply thereto within ten ,*?- !alendar days from re!eipt of a !opy of the appeal.The Regional 'ffi!e shall7 within fi"e ,- !alendar days from re!eipt of the reply7 forward the entire re!ords of the !ase to the 'ffi!e of the )e!retary. ;here no appeal is filed within the ten+day period7 the (ed+Arbiter shall transmit the entire re!ords of the !ase7 entering therein the fa!t that the de!ision has be!ome final and e3e!utory7 to the Regional $ire!tor for appropriate disposition. )e!tion *.$e!ision of the )e!retaryfinal and e3e!utory. +The )e!retary shall ha"e fifteen ,*!alendar days within whi!h to de!ide the appeal from re!eipt of the re!ords of the !ase.The filing of the appeal from the de!ision of the (ed+Arbiter stays the holding of any !ertifi!ation ele!tion. The de!ision of the )e!retary shall be final and e3e!utory. #pon the finality of the de!ision of the )e!retary affirming the de!ision to !ondu!t a !ertifi!ation ele!tion7 the entire re!ords of the !ase shall be remanded to the offi!e of origin for implementation of the de!ision.The implementation shall not be stayed unless restrained by the appropriate !ourt. )e!tion *5. Effe!ts of !onsent ele!tion. +;here a petition for !ertifi!ation ele!tion had been filed and7 upon the inter!ession of the (ed+Arbiter7 the parties agree to hold a !onsent ele!tion7 the results thereof shall !onstitute a bar to the holding of a !ertifi!ation ele!tion for one year from the holding of su!h !onsent ele!tion7 sub:e!t to )e!tion *D of these Rules. ;here no petition for !ertifi!ation ele!tion had been filed but the parties themsel"es ha"e agreed to hold a !onsent ele!tion7 the results thereof shall not !onstitute a bar to another !ertifi!ation ele!tion7 unless the winning union had been e3tended "oluntary re!ognition in a!!ordan!e with Rule of these Rules.
.
*?
)e!tion *D. %ailure of ele!tion@ effe!ts. +;here the total number of "alid "otes !ast in a !ertifi!ation or !onsent ele!tion is less than the ma:ority of all the eligible employees in the bargaining unit7 there shall be a failure of ele!tion.)u!h failure of ele!tion shall not bar the filing of a petition for the immediate holding of another !ertifi!ation or !onsent ele!tion. )e!tion *F.Effe!ts of early agreements. + The representation !ase shall not be ad"ersely affe!ted by a !olle!ti"e bargaining agreement registered before or during the last si3ty ,5?- days of a subsisting agreement or during the penden!y of the representation !ase. )e!tion *. (otions for inhibitions. + &o motion for inhibition of the (ed+Arbiter shall be entertained from any party unless the same is "erified and based on spe!ifi! grounds or !ir!umstan!es dire!tly related to or arising from the dispute under !onsideration. Inhibition shall be dis!retionary on the (ed+Arbiter !on!erned. ;ithin twenty+four ,4>- hours from re!eipt thereof7 the (ed+Arbiter shall deny the motion7 whi!h denial shall not be appealable7 or grant the same by returning the entire re!ords of the !ase to the Regional $ire!tor7 spe!ifi!ally stating his reasons for inhibition. ;ithin twenty+four ,4>- hours from return of the re!ords7 the Regional $ire!tor shall assign the !ase to another (ed+Arbiter.;here there is no other (ed+Arbiter in the Regional 'ffi!e7 the Regional $ire!tor shall transmit the entire re!ords of the !ase to the Bureau7 whi!h shall immediately assign the !ase to any (ed+Arbiter from any of the Regional 'ffi!es or from the Bureau.
)e!tion 4?.&on+a"ailability of (ed+Arbiter. + ;here there is no (ed+Arbiter a"ailable in the Regional 'ffi!e by reason of "a!an!y7 prolonged absen!e7 or e3!essi"e "olume of workload as determined by the Regional $ire!tor7 the petition shall be disposed of in a!!ordan!e with the last paragraph of the immediately pre!eding se!tion.The Regional 'ffi!e shall notify all parties of su!h a!tion.
$ire!tor shall assign the !ase to an ele!tion offi!er for the !ondu!t of a pre+ele!tion !onferen!e.
. The pre+ele!tion !onferen!e shall set the me!hani!s for the ele!tion and shall determine7 among others7 the following ,a- the list of 9ualified "oters@ ,b- the date7 time and pla!e of the ele!tion@ ,!- the names of wat!hers and representati"es@ ,dthe number and lo!ation of polling pla!es or booths@ and ,e- the number of ballots to be prepared.
. The failure of any party to appear during the pre+ ele!tion !onferen!e7 despite noti!e7 shall be !onstrued as a wai"er to be represented and to 9uestion or ob:e!t to any agreement rea!hed in said pre+ele!tion !onferen!e.&othing herein7 howe"er7 shall depri"e the non+appearing party of its right to be furnished noti!es of subse9uent pre+ ele!tion !onferen!es and to attend the same.
. )e!tion 4.Hualifi!ation of "oters@ in!lusion+ e3!lusion pro!eedings.+ All employees who are members of the appropriate bargaining unit sought to be represented by the petitioner at the time of the !ertifi!ation or !onsent ele!tion shall be 9ualified to "ote. A dismissed employee whose dismissal is being !ontested in a pending !ase shall be allowed to "ote in the ele!tion. In !ase of disagreement o"er the "oters< list or o"er the eligibility of "oters7 all !ontested "oters shall be allowed to "ote.1owe"er7 their "otes shall be segregated and sealed in indi"idual en"elopes in a!!ordan!e with )e!tion ofthese Rules.
R#LE II C'&$#CT '% CERTI%ICATI'& ELECTI'&) . )e!tion *.6re+ele!tion !onferen!e. + ;ithin twenty+ four ,4>- hours from re!eipt from the (ed+Arbiter of the final de!ision for the !ondu!t of a !ertifi!ation ele!tion7 or from the remand of the re!ords of the !ase from the 'ffi!e of the )e!retary7 the Regional
)e!tion =.Ele!tion !ondu!ted during regular business day.+ The ele!tion shall be set during a regular business day of the !ompany unless otherwise agreed upon by the parties. It shall be held within !ompany premises unless !ir!umstan!es otherwise re9uire7 as determined by the ele!tion offi!er. )e!tion >.6osting of noti!es. + The Regional 'ffi!e shall !ause the posting of noti!e of ele!tionat least
**
fi"e ,- working days before the a!tual date thereofin two most !onspi!uous pla!es in the !ompany premises. The noti!e shall !ontain the date and time of the ele!tion7 names of all !ontending unions7 the des!ription of the bargaining unit and the list of eligible "oters.The fi"e+day period for posting of noti!e and the list of eligible "oters may be wai"ed upon the written agreement of the parties.
)e!tion .)e!re!y and san!tity of the ballot. +To ensure the se!re!y of the ballot7 the ele!tionoffi!er7 together with the authori8ed representati"es of the !ontending parties7shall7 before the start of the a!tual "oting7inspe!t the polling pla!e7 the ballot bo3es7 and the polling booths.After the e3amination of ea!h ballot bo37 the ele!tion offi!er shall sealea!h with three padlo!ks.The key to ea!h padlo!k shall be kept indi"idually by the ele!tionoffi!er7 the representati"e of the labor organi8ation7 and the representati"e of the employer.Ifmore than one union is in"ol"ed7 the holder of the keyfor the labor organi8ation shall be determined by drawing of lots.All keys shall remain in the possession of the ele!tionoffi!er and therepresentati"esduring the entire pro!eedings anduntil all the !ontro"ersies !on!erning the openingofthe ballot bo3 shall ha"e been resol"ed.;here the representati"e of the employer or labor organi8ation is not present or has lost a key at the time of the opening of the ballot bo37 the ele!tion offi!er shall ha"e the authority to break open the bo3.The !ir!umstan!es under whi!h this authority is e3er!ised shall be refle!ted in the minutes of the pro!eedings.
)e!tion5. 6reparation of ballots. + %or the guidan!e of the "oters7ballots shall be prepared in %ilipino and Englishwith a translation in the lo!al diale!t7 ifne!essary. )e!tionD.(arkingof "otes. + The "oter must put a !ross ,- or a !he!k ,2- mark in the s9uare opposite the name of the union of his !hoi!e.If only one union is in"ol"ed7 the "oter shall make his !ross or !he!k mark in the s9uare indi!ating yes or no0.
If a ballot is torn7 marked7defa!ed7 or left unfilledin su!h a manner as to !reate doubt or !onfusion or to identify the "oter7 it shall be !onsideredspoiled.If the "oter inad"ertently spoils a ballot7 he shall return it to the ele!tionoffi!er who shall destroy it andgi"e him another ballot.
)e!tion F.eeping of minutes.+The ele!tion offi!er shall keep minutes of the entire pro!eedings7 in!luding therein all e"ents and !ir!umstan!es rele"ant to the ele!tion.#pon !ompletion of the entire pro!eedings7 the representati"es of the parties shall sign the minutes and be furnished !opies thereof.;here the representati"es are not present or refuse to sign the minutes7 this fa!t shall be duly noted by the ele!tion offi!er.
. )e!tion. Challenging of "otes. +An authori8ed representati"e of any of the !ontending parties may !hallenge a "ote before it is deposited in the ballot bo3 only on any of the following grounds!hanrobles"irtuallawlibrary ,a-That there is no employer+employee relationship between the "oter and the !ompany@ and
,b-That the "oter is not a member of the appropriate bargaining unit whi!h petitioner seeks to represent. ;hen a "ote is properly !hallenged7 the ele!tion offi!er shall pla!e the ballot in an en"elope whi!h shall be sealed in the presen!e of the "oter and the representati"es of the parties.The ele!tion offi!er shall indi!ate on the en"elope the "oterGs name7 the party !hallenging the "oter7 and the ground for the !hallenge.The sealed en"elope shall then be signed by the ele!tion offi!er and the representati"es of all the parties.The ele!tion offi!er shall note all !hallenges in the minutes of the ele!tion and shall be responsible for !onsolidating all en"elopes !ontaining the !hallenged "otes. The en"elopes shall be opened and the 9uestion of eligibility shall be passed upon only if the number of segregated "oters will materially alter the results of the ele!tion. )e!tion*?. 'n+the+spot 9uestions. + The ele!tion offi!er may rule on any 9uestion relating to and raised during the !ondu!t of the ele!tion.In no !ase7 howe"er7 shall the ele!tion offi!er rule on any of the grounds for !hallenge spe!ified in the immediately pre!eding se!tion. )e!tion **.6rotest@ when perfe!ted. + Any party+in+ interest may file a protest based on the !ondu!t or me!hani!s of the ele!tion.)u!h protests shall be re!orded in the minutes of the pro!eedings.6rotests not so raised are deemed wai"ed.
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The protesting party must formali8e its protest with the (ed+Arbiter7 with spe!ifi! grounds7 arguments and e"iden!e therefor7 within fi"e ,- days after the !lose of the pro!eedings.If not re!orded in the minutes and formali8ed within the pres!ribed period7 the protest shall be deemed dropped.
)e!tion *4. Can"assing of "otes@ when ele!tion is "alid. + As soon as the polls !lose7 the "otes !ast shall be !ounted and tabulated by the ele!tionoffi!er in the presen!e of the representati"es of the parties.#pon !ompletion of the !an"assing7 the ele!tionoffi!er shall gi"e ea!h representati"ea !opy of the minutes of theele!tion in!luding the results thereof. The ballots and the tally sheetsshall be sealed in an en"elope and signed by the ele!tionoffi!er and by the representati"e of the !ontending parties and shall remain under the !ustody of the ele!tionoffi!er. The union whi!h obtained a ma:ority of the "alid "otes !ast shall be !ertified as the sole and e3!lusi"e bargaining agent of all the workers in the appropriate bargaining unit. 1owe"er7 in order to ha"e a "alid ele!tion7 at least a ma:ority of all eligible "oters in the appropriate bargaining unit must ha"e !ast their "otes. )e!tion *=. 6ro!lamation and !ertifi!ation of r esults by ele!tion offi!er@ when proper.+#pon !ompletion of the !an"ass and there being a "alid ele!tion7 the ele!tion offi!er shall pro!laim and !ertify as winner the union whi!h obtained a ma:ority of the "alid "otes !ast under any of the following !onditions!hanrobles"irtuallawlibrary
a-&o protest had been filed or7 e"en if one was filed7 the same was not perfe!ted within the fi"e+ day period for perfe!tion of the protest@ b-&o !hallenge or eligibility issue was raised or7 e"en if one was raised7 the resolution of the same will not materially !hange the result. %or this purpose7 the ele!tion offi!er shall immediately issue the !orresponding !ertifi!ation7 !opy furnished all parties7 whi!h shall form part of the re!ords of the !ase.The winning union shall ha"e the rights7 pri"ileges and obligations of a duly !ertified !olle!ti"e bargaining representati"e from the time the !ertifi!ation is issued.The pro!lamation and !ertifi!ationso issued shall not be appealable. )e!tion *>. 6ro!lamation and !ertifi!ation by (ed+ Arbiter@ when proper.+;hen a protest has been perfe!ted or any !hallenge or eligibility issue has been raised whi!h7 if resol"ed7 !an materially !hange the result7 only the (ed+Arbiter !an pro!laim and !ertify the winner.In su!h !ases7 the ele!tion offi!er shall7 immediately after the lapse of fi"e ,- days from !ompletion of !an"ass7 return the
re!ords of the !ase to the (ed+Arbiter7 together with the minutes and the results of the ele!tion. The (ed+Arbiter shall ha"e twenty ,4?- days within whi!h to issue an order !ertifying the result of the ele!tion. Any protest7 eligibility issue7 or su!h other 9uestions that may ha"e been raised during the ele!tion pro!eedings shall likewise be disposed of by the (ed+Arbiter in the same order. )e!tion *. Appeal@ finality of de!ision.+The de!ision of the (ed+Arbiter may be appealed to the )e!retary within ten ,*?- days from re!eipt by the parties ofa !opy thereof7 only on the grounds of "iolation of )e!tion hereof or of serious errors of fa!t or law in the resolution of a protest. The appeal shall be under oath and shall !onsist of a memorandum of appeal spe!ifi!ally stating the grounds relied upon by the appellant with the supporting arguments and e"iden!e.The appeal shall be deemed not filed unless a!!ompanied by proof of ser"i!e thereof to appellee.The de!ision of the )e!retary on the appeal shall be final and e3e!utory. ;here no appeal is filed within the ten+day period7 the de!ision shall be!ome final and e3e!utory and the (ed+Arbiter shall enter this fa!t into the re!ords of the !ase. )e!tion *5. ;here to file appeal.+The appellant shall file its appeal with the Regional 'ffi!e where the !ase originated. )e!tion *D. 6eriod to reply.+The appellee shall file its reply thereto within ten ,*?- days from re!eipt of a !opy of the appeal.The Regional 'ffi!e shall7 within fi"e ,- days from re!eipt of the reply7 forward the entire re!ords of the !ase to the 'ffi!e of the )e!retary.;here no reply is re!ei"ed by the Regional 'ffi!e within twenty ,4?- days when su!h reply should ha"e been filed7 the Regional 'ffi!e shall likewise forward the entire re!ords of the !ase to the 'ffi!e of the )e!retary. )e!tion *F.(otion to postpone does not stay ele!tion. + The filing of a motion to postpone shall not stay the holding of the ele!tion.
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R#LEIII
R#&+'%%) )e!tion*. Run+off ele!tion. + ;hen an ele!tion whi!h pro"ides for three ,=- or more !hoi!es results in no !hoi!e re!ei"ing a ma:ority of the "alid "otes !ast7 and no ob:e!tionsor!hallenges ha"e been presented whi!h7 if sustained7 !an materially !hange the results7 the ele!tion offi!er shall motu proprio !ondu!ta run+off ele!tionwithin fi"e ,!alendar days from the !lose of the ele!tion pro!eedings betweenthe labor unions re!ei"ing the two highest number of "otes@pro"ided7 that the total number of "otes for all !ontending unions is at least fifty per!ent ,?- of the number of "otes !ast.
In addition to the abo"e re9uirement7 the petition on its fa!e must show that the administrati"e remedies pro"ided for in the !onstitution and by+ laws ha"e been e3hausted or su!h remedies are not readily a"ailable to the !omplaining members through no fault of their own.
)e!tion=. 6ro!edure. + ;ithin twenty+four ,4>hours fromre!eipt of the !omplaint7theRegional $ire!torshall immediately assign the !ase to a (ed+Arbiter or appropriate offi!er of the Labor Relations $i"ision for !on!iliation or hearings7 as may be appropriate.;ithin ten ,*?- days from re!eipt of the assignment7 it shall be mandatory upon su!h offi!er to !ondu!t a !on!iliation !onferen!e and to e3ert e"ery effort to effe!t an ami!able settlement.
The "otersG list to be used in the run+off ele!tion shall be the same list as that used in the first ele!tion. The ballots in the run+off ele!tion shall pro"ide as !hoi!es the unionsre!ei"ing the highest and the se!ond highest number of the "otes !ast.The union re!ei"ing the greater number of "alid "otes !ast shall be !ertified as the winner7 sub:e!t to the appli!ablepro"isions of Rule II of this Book.
;here no ami!able settlement is rea!hed7 the offi!er !on!erned shall use the mandatory !onferen!e as a "enue to limit the issues7 ask !larifi!atory 9uestions7 or !on"in!e the parties to agree on a stipulation of fa!ts. In e"ery !ase7 the offi!er !on!erned shall keep minutes of the !onferen!e7 signed by and !opy furnished the parties.
R#LEIV
Thereafter7 the parties shall be gi"en ten ,*?- days within whi!h to submit their respe!ti"e position papers addressing all rele"antissuesand !onsolidating all their arguments and e"iden!es7after whi!h the !ase shall be deemed submitted for resolution.
I&TRA +#&I'&$I)6#TE) )e!tion *.Complaint@ who may file. + Any member of a union may file with the Regional $ire!tor a!omplaint for any "iolation of the !onstitution and by+laws and the rights and !onditions of membership under Arti!le 4>* of the Code.1owe"er7 if the issue in"ol"es the entire membership of the union7the !omplaint shall be supported by at least thirty per!ent ,=?- of the members of the federation7 national union7 lo!al2!hapter7 affiliate or independent union7 as the !ase may be7 at the time of the filing thereof. )u!h !omplaint shall befiled in the Regional 'ffi!e where the union is domi!iled.
)e!tion 4. Contents of !omplaint. + The !omplaint shall7among others7!ontain the following ,a- The person or persons !harged@ ,b- The spe!ifi! "iolation2s !ommitted@ ,!- The relief2s prayed for@ and
The Regional $ire!torshall ha"e twenty ,4?workingdays from submission of the!ase for resolutionwithin whi!h to settle or de!ide the !ase. The de!isionshall state the fa!ts and the reliefs granted7 if any.If the disputein"ol"esa "iolation of the rights and !onditions of membership enumerated under Arti!le 4>*of the Code7 the Regional $ire!tor may7 if spe!ifi!ally prayed for in the !omplaint and supported with substantial e"iden!e7 order the !an!ellation of the registration !ertifi!ate of the erring union or the e3pulsion of the guilty party from the union7 whi!he"er is appropriate@ pro"ided7 howe"er7 that no !an!ellation shall be ordered unless the !omplaint is supported by at least thirty per!ent ,=?- of the union membership. )e!tion>. Appeal@ finality of de!ision. + The de!ision of theRegional $ire!tormay be appealed to the Bureau by the aggrie"ed partywithin ten ,*?!alendar days from re!eipt thereof7forgra"e abuse of dis!retionorany "iolation of these Rules.
,d- 'ther rele"ant matters. )u!h !omplaint must be in writing and under oath7 and a !opy thereof ser"ed on the respondent.
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The appeal shall be under oath7 and shall !onsist of amemorandum of appeal spe!ifi!ally stating the grounds relied upon by the appellant with the supporting arguments and e"iden!e.The appeal shall be deemed not filed unless a!!ompanied by proof of ser"i!e of a !opy thereof to the appellee. ;here no appeal is filed within the ten+day period7 the de!ision shall be!ome final and e3e!utory7 and the Regional 'ffi!e shall enter this fa!t into the re!ords of the !ase.
a- ;ithinsi3ty ,5?- days before the e3piration of the term of the in!umbentoffi!ers7 the president of the labor organi8ationorworkersasso!iationshall!onstitutea !ommittee on ele!tion to be !omposed of at least three ,=-members who are not running for any position in the ele!tion7 pro"ided that if there are identifiable parties within the organi8ation or asso!iation7 ea!h party shall ha"e e9ual representation in the !ommittee.
)e!tion. ;here to file appeal. + The appellant shall file its appealwith the Regional 'ffi!e where the !ase originated.
b- #pon !onstitution7 the members shall ele!t the !hairman of the !ommittee from among themsel"es.In !ase of disagreement7 the president shall designate the !hairman.In !ase of anele!tion the !ondu!t of whi!h was ordered by the Regional $ire!tor7 the !hairman of the !ommittee shall be a representati"e of the Labor Relations $i"ision of the Regional 'ffi!e.
)e!tion5.6eriod toreply. + Theappellee shall file its reply theretowithin ten ,*?- daysfrom re!eiptof a !opy of the appeal. The Regional'ffi!eshall7 within fi"e ,- days from re!eipt of the reply7forward the entire re!ords of the !ase to the Bureau. ;here no reply is re!ei"ed by the Regional 'ffi!e within twenty ,4?- days when su!h reply should ha"e been filed7 the Regional 'ffi!e shall likewise forward the entire re!ords of the !ase to the Bureau.
)e!tion4.6owers and duties of the !ommittee. + ;ithin ten ,*?- days from its !onstitution7 the !ommittee shall7 among others7 e3er!ise the following powers and duties!hanrobles"irtuallawlibrary
a- )et the date7 time and "enue of the ele!tion@
)e!tion D.$e!ision ofthe Bureau final and e3e!utory.+TheBureau shall ha"e fifteen ,*!alendar days within whi!h to de!ide the appeal from re!eipt of the re!ords of the !ase. The de!ision of the Bureau shall be final and e3e!utory. )e!tionF. E3e!ution pending appeal. + The e3e!ution of the order of the Regional $ire!torshall automati!ally be stayed pending appeal.
R#LEV ELECTI'& '%'%%ICER) 'RJA&IKATI'&)
b- 6res!ribe rules on the 9ualifi!ation and eligibility of !andidates and "oters@ !- 6repare and post the "otersG list and the list of 9ualified !andidates@ d- A!!redit the authori8ed representati"es of the !ontending parties@ e-)uper"ise the a!tual !ondu!t of the ele!tion and !an"ass the "otes to ensure the san!tity of the ballot@ f- eep minutes of the pro!eedings@
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LAB'R
g- Be the final arbiter of all ele!tion protests@ h- 6ro!laim the winners@ and
A&$ ;'RER)< A))'CIATI'&) )e!tion*.Committee on ele!tion@ !onstitution.+In the absen!e of any agreement among the members or of any pro"ision in the !onstitution and by+laws of the labor organi8ation or workers asso!iation7 the following guidelinesmay be adopted in the ele!tion of offi!ers!hanrobles"irtuallawlibrary
i- 6res!ribe su!h other rules as may fa!ilitate the orderly !ondu!t of the ele!tion. )e!tion =.Counting of "otes. + As soon as the polls !lose7 the !ommittee shall !an"ass the "otes in the presen!e of the authori8ed representati"es of the parties@ pro"ided7 howe"er7 that the absen!e of su!h authori8ed representati"es shall not be a ground for suspending the !an"assing of ballots.
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)e!tion >.6rotests. + At any time prior to the !lose of ele!tion pro!eedings7 any party may file a protest with the !ommittee for any "iolation of the rules pres!ribed inthe ele!tion.All protests shall be entered in the minutes of ele!tion pro!eedings. The !ommittee shall endea"or to settle or resol"e all protests ami!ably7 during or immediately after the !lose of ele!tion pro!eedings. )e!tion .6ro!lamation. + Immediately after the !an"assing of the ballots7 and there being no unresol"ed protest whi!h7 if resol"ed !an materially !hange the results7 the !ommittee shall de!lare the winners of the ele!tion. Any protest left unresol"ed after the !lose of the ele!tion pro!eedings shall be resol"ed by the !ommittee within fi"e ,- days.;ithin this period7 the !ommittee may allow the protestant and all oppositors to be heard or to submit their position papers. 'therwise7 the !ommittee shall resol"e the protest on the basis of the minutes of the pro!eedings #pon resolution of the protest7 the !ommittee shall immediately pro!laim the winners and the latter may assume their positions immediately. )e!tion 5.6rotests and petitions for annulment of ele!tion results. + 6rotest or petitions for annulment of the result of an ele!tion shall be filed with and a!ted upon by the Regional $ire!tor in a!!ordan!e with the pro"isions pres!ribed in Rule IV of this Book.&o protest or petition shall be entertained by the Regional $ire!tor unless the issue raised has been resol"ed by the !ommittee.
R#LEVI REJI)TRATI'& '% C'LLECTIVE BARJAI&I&J AJREE(E&T) )e!tion *. Registration of !olle!ti"e bargaining agreement.+ The parties to a !olle!ti"ebargainingagreementshallsubmittothe appropriate Regional 'ffi!e two ,4- duly signed !opies thereof within thirty ,=?- !alendar days from e3e!ution.)u!h !opies of the agreement shall be a!!ompanied with "erified proof of posting in two !onspi!uous pla!es in the work pla!e and of ratifi!ation by the ma:ority of all the workers in the bargaining unit. )u!h proof shall !onsist of !opies of the following do!uments !ertified under oath by the union se!retary and attested to by the union president!hanrobles"irtuallawlibrary ,a- )tatement that the !olle!ti"e bargaining agreement was posted in at least two !onspi!uous
pla!es in the establishment at least fi"e ,- days before its ratifi!ation@ an ,b- )tatement that the !olle!ti"e bargaining agreement was ratified by the ma:ority of the employees in the bargaining unit. The posting re9uired in the pre!eding paragraph shall be the responsibility of the parties. The Regional 'ffi!e shall assess the employer for e"ery !olle!ti"e bargaining agreement aregistration fee of one thousand pesos ,6*7???.??-. The Regional 'ffi!e shall retain one ,*- !opy of the agreement for its file and transmit one ,*- !opy thereofto the Bureauwithin fi"e ,- !alendar days from its registration. The Regional 'ffi!e shall issue a !ertifi!ate of registration within fi"e ,!alendar days from re!eipt of the agreement and the proofs of posting and ratifi!ation as re9uired herein. )e!tion 4. Registration of agreement resulting from awards by the )e!retary7 the Commission7 or the Voluntary Arbitrator. + ;here the agreement results from an arbitration award7 the same shall be registered in a!!ordan!e with the immediately pre!eding se!tion7 e3!ept that the re9uirement of ratifi!ation and proof thereof shall be dispensed with.
. )e!tion =. Term of representation status of agreement@ !ontra!t+bar rule. + The representation status of the in!umbent e3!lusi"e bargaining representati"e whi!h is a party to a duly registered !olle!ti"e bargaining agreement shall be for a term of fi"e ,- years.&o petition 9uestioning the ma:ority status of the in!umbent e3!lusi"e bargaining representati"e shall be entertained and no !ertifi!ation ele!tion shall be !ondu!ted by the $epartment outside of the si3ty+day period immediately before the date of e3piry of su!h fi"e+ year term. All other pro"isions of said agreement shall7 as a matter of right7be renegotiated not later than three ,=- years after its e3e!ution.Any agreement on su!h other pro"isions entered into within si3 ,5months from the date of e3piry of su!h pro"isions shall retroa!t to the day immediately following su!h date.If any su!h pro"isions are entered into beyond si3 months7 the parties shall agree on the duration of retroa!ti"ity. In !ase of a deadlo!k in the renegotiation of the agreement7 the parties may e3er!ise their rights under the Code.In !ase of renegotiation7 all re9uirements for registration pres!ribed under the two immediately pre!eding
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se!tions shall be !omplied with7 whi!he"er is appli!able7 e3!ept payment of the registration fee.
)e!tion >. E3!eption to !ontra!t+bar rule.+ &otwithstanding its registration7 a !olle!ti"e bargaining agreement shall not !onstitute a bar to a !ertifi!ation ele!tion where it is found in appropriate pro!eedings before the Regional $ire!tor that any of the following !onditions e3ist a-The agreement !ontains pro"isions lower than the standards fi3ed by law@ or b-The do!uments supporting its registration are falsified7 fraudulent or tainted with misrepresentation. )e!tion .Appeal.+The de!ision of the Regional $ire!tor granting or denying an a!tion to de!lare the registration ineffe!tual may be appealed to the Bureau on the ground of gra"e abuse of dis!retion within ten ,*?- days from re!eipt of the parties of a !opy thereof.The Bureau shall ha"e twenty ,4?days within whi!h to resol"e the appeal and its de!ision shall be final and e3e!utory.
R#LE VII CE&TRAL REJI)TR 'RJA&IKATI'&)7 ;'RER)<
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LAB'R
A))'CIATI'&)A&$ C'LLECTIVE BARJAI&I&J AJREE(E&T) )e!tion *.%orms for registration. + Consistent with the poli!y of the )tate to promote unionism7 the Bureau shall de"iseor pres!ribe su!h forms as are ne!essary to fa!ilitate the pro!ess of registration of labor organi8ations7 workers< asso!iations and !olle!ti"e bargaining agreements or of !omplian!e with all do!umentary or reporting re9uirements pres!ribed in these Rules. )e!tion 4.Transmittal of re!ords@ !entral registry. + The Regional 'ffi!e shall7 within forty+eight ,>Fhours from issuan!e of a !ertifi!ate of registration in fa"or of an independent union or workers< asso!iation7 transmit to the Bureau a !opy of su!h !ertifi!ate7 a!!ompanied by a !opy of the do!uments supporting su!h registration. The Regional 'ffi!e shall also transmit to the Bureau a !opy of e"ery final de!ision !an!elling or re"oking the legitimate status of a labor organi8ation or workers< asso!iation7 indi!ating therein the date su!h de!ision be!ame final. In !ases of !hartering and affiliation under Rule VI or !omplian!e with the reporting re9uirements under Rule VII of this Bookeffe!ted dire!tly through the Regional 'ffi!e7 said offi!e shall transmit the
original set of do!uments to the Bureau7 retaining one set of do!uments for its file7 within forty+eight ,>F- hours from re!eipt thereof.
R#LE VIII A$(I&I)TRATI'& '% TRA$E #&I'& %#&$) A&$ ACTI'&) ARI)I&J T1ERE%R'( )e!tion*. Right of union to !olle!t dues.+ The right of the in!umbent bargaining representati"e to !he!k off and to !olle!t dues resulting therefrom shall not be affe!ted by the penden!y of a representation !ase or an intra+union dispute.
. )e!tion 4.A!tions arising from Arti!le 4>* of the Code.+ Any a!tion arising from the administration ora!!ounting of union funds shall be filed and disposed of as an intra+union dispute in a!!ordan!e with Rule IV of this Book. In !ases of "iolation7 the Regional or Bureau $ire!tor shall order the responsible offi!er to render an a!!ounting of funds before the general membership and may7 where !ir!umstan!es warrant7 mete the appropriate penalty to the erring offi!er2s7 in!luding suspension or e3pulsion from the union. )e!tion =.Visitorial power under Arti!le 4D>. + The Regional or the Bureau $ire!tormayin9uireintothe finan!ial a!ti"ities of any legitimate labor organi8ation and e3amine their books of a!!ounts and other re!ords to determine !omplian!e with the law and the organi8ationGs !onstitution and by+ laws.)u!h e3amination shall be made upon filing of a !omplaint under oath7 duly supported by the written !onsent of at least twenty per!ent ,4?- of the total membership of thelabor organi8ation!on!erned7 a!!ompaniedby proofthattheremedies pro"ided for in the immediately pre!eding se!tion or in the union. Venue of finan!ial e3amination.+ ;here the respondent in the !omplaint for finan!ial e3amination is an independent union7 lo!al2!hapter7 or workers asso!iation operating in one regional :urisdi!tion7 the !omplaint shall be filed in the Regional 'ffi!e ha"ing :urisdi!tion o"er respondent.;here the respondent is a federation7 national union7 trade union !enter or workers asso!iation operating in more than one regional
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:urisdi!tion7 the !omplaint shall be filed dire!tly with the Bureau. )e!tion. 6eriod of in9uiry or e3amination. + &o !omplaint for in9uiry or e3amination of the finan!ial and books of a!!ounts as well as other re!ords of any legitimate labor organi8ation mentioned in)e!tion = shall be entertained during the si3ty ,5?- day freedom period or within thirty ,=?- days immediately pre!eding the date of ele!tion of union offi!ials.Any !omplaint so filed shall likewise be dismissed.
)e!tion 5. Relief under Arti!le 4D>.+ ;here the results of the finan!ial e3amination so warrants7 the Bureau or Regional $ire!tor may order the a!!ountable offi!ers to make restitution in fa"or of the union. )e!tion D.Appeals.+ The de!ision of the Regional $ire!tor maybe appealed to the Bureau on the ground of gra"e abuse of dis!retion within ten ,*?days from re!eipt of the parties of a !opy thereof. ;here the !omplaint is dire!tly filed with the Bureau7 appeal from the de!ision of the Bureau shall be to the 'ffi!e of the )e!retary7 sub:e!t to the re9uirements pres!ribed in the immediately pre!eding paragraph.
R#LEI JRIEVA&CE (AC1I&ER A&$ ARBITRATI'&
V'L#&TAR
)e!tion *.Establishment of grie"an!e ma!hinery. + The parties to a !olle!ti"e bargaining agreement shall establish a ma!hinery for the e3peditious resolutionofgrie"an!esarisingfromtheinterpretationo r implementationof the!olle!ti"e bargaining agreement and those arising from the interpretation or enfor!ement of !ompany personnel poli!ies. In the absen!e of appli!able pro"isions in the !olle!ti"e bargaining agreement7a grie"an!e !ommittee shall be !reated within ten ,*?- days from the signing of the !olle!ti"e bargaining agreement. The !ommitteeshall be !omposed of at least two ,4- representati"es ea!h from the members of the bargaining unit and the employer7 unless otherwise agreed upon by the parties.The representati"es from among the members of the bargaining unit shall be designated by the union. )e!tion 4. 6ro!edures in handling grie"an!es. + In the absen!e of a spe!ifi! pro"ision in the !olle!ti"e bargaining agreement pres!ribing for the pro!edures in handling grie"an!es7 the followingshall apply
,a- An employee shall present his grie"an!e or !omplaint orally or in writing to the shop steward. #pon re!eipt thereof7the shop steward shall "erify the fa!ts and determine whether or not the grie"an!e is "alid. ,b- If the grie"an!e is "alid7 the shop steward shall immediately bring the !omplaint to the employeeGs immediate super"isor. The shop steward7 the employeeand his immediate super"isor shall e3ert efforts to settle the grie"an!e at their le"el.
. ,!- If no settlement is rea!hed7 the grie"an!e shall be referred to the grie"an!e !ommittee whi!h shall ha"e ten ,*?- days to de!ide the !ase. ;here the issue in"ol"es or arises from the interpretation or implementation of a pro"ision in the !olle!ti"e bargaining agreement7 or from any order7memorandum7 !ir!ular or assignment issued by the appropriate authority in the establishment7 and su!h issue !annot be resol"ed at the le"el of the shop steward or the super"isor7 the same may be referred immediately to the grie"an!e !ommittee. All grie"an!es unsettled or unresol"edwithin se"en ,D- !alendar days from the dateof its submission to the last step in the grie"an!e ma!hinery shall automati!ally be referred to a "oluntary arbitrator !hosen in a!!ordan!e with the pro"isions of the !olle!ti"e bargaining agreement7 or in the absen!e of su!h pro"isions7 by mutual agreement of the parties. )e!tion =. In the absen!e of agreement between theauthori8ed employer and workers< representati"es7 the foregoing pro"isions shall apply to unorgani8ed establishments.In any e"ent7 howe"er7 the workers representati"e shall be ele!ted by the employees at large. )e!tion>.Murisdi!tion of "oluntary arbitrator or panel of "oluntary arbitrators. + The "oluntary arbitrator or panel of "oluntary arbitrators named in the !olle!ti"e bargaining agreement shall ha"e e3!lusi"e and original :urisdi!tion to hear and de!ide all grie"an!es arising from the implementation or interpretation of the !olle!ti"e bargaining agreement and those arising from the interpretation or enfor!ement of !ompany personnel poli!ies whi!h remain unresol"ed after e3haustion of the grie"an!e pro!edure.
.
*F
#pon agreement of the parties7 any other labor dispute may be submitted to a "oluntary arbitrator or panel of "oluntary arbitrators.
whether shouldered wholly by the parties or subsidi8ed by the )pe!ial Voluntary Arbitration %und7 shall take into a!!ount the following fa!tors
)e!tion. All labor+management disputes sub:e!t to "oluntary arbitration. + It is the poli!y of the )tate to en!ourage "oluntary arbitration on all other labor+ management disputes.Before or at any stage of the !ompulsory arbitration pro!ess7 the parties may opt to submit their dispute to "oluntary arbitration.
,a- &ature of the !ase@
)e!tion5. 6owers of "oluntary arbitrator and panel of "oluntary arbitrators. + The "oluntary arbitrator or panel of "oluntary arbitrators shall ha"e the power to hold hearings7 re!ei"e e"iden!e and take whate"er a!tion is ne!essary to resol"e the issue2s sub:e!t of the dispute. The "oluntary arbitrator or panel of arbitrators may !on!iliate or mediate to aid the parties in rea!hing a "oluntary settlement of the dispute. )e!tionD. 6ro!edures. + All parties to the dispute shall be entitled to attend the arbitration pro!eedings.The attendan!e of any third party or the e3!lusion of any witness from the pro!eedings shall be determined by the "oluntary arbitratoror panel of "oluntary arbitrators.1earing may be ad:ourned for !ause or upon agreement by the parties. #nless the parties agree otherwise7 it shall be mandatory for the "oluntary arbitrator or panel of "oluntary arbitrators to render an award or de!ision within twenty ,4?- !alendar days from the date of submission of the dispute to "oluntary arbitration. )e!tion F. Award2$e!ision. + The award or de!ision of the "oluntary arbitrator or panel of "oluntary arbitrators must state in !lear7 !on!ise and definite terms the fa!ts7 the law and2or !ontra!t upon whi!h it is based.It shall be final and e3e!utory after ten ,*?- !alendar days from the re!eipt of the !opy of the award or de!ision by the parties. )e!tion. E3e!ution of Award2$e!ision. + #pon motion of any interested party7 the "oluntary arbitrator or panel of "oluntary arbitrators or the Labor Arbiter in the region where the mo"ant resides7 in !ase of the absen!e or in!apa!ity of the "oluntary arbitrator or panel of "oluntary arbitrators for any reason7 may issue a writ of e3e!ution re9uiring either the )heriff of the Commission or regular !ourts or any publi! offi!ial whom the parties may designate in the submissionagreement to e3e!ute the final de!ision7 order or award. )e!tion*?. Cost of "oluntary arbitration and "oluntary arbitratorGs fee. + The parties to a !olle!ti"e bargaining agreement shall pro"ide therein a proportionate sharing s!heme on the !ost of "oluntary arbitration in!luding the "oluntary arbitratorGs fee.The fi3ing of fee of"oluntaryarbitrators or panel of arbitrators
,b- Time !onsumed in hearing the !ase ,!- 6rofessional standing of the "oluntary arbitrator@ ,d- Capa!ity to pay of the parties@ and ,e- %ees pro"ided for in the Re"ised Rules of Court. #nless the parties agree otherwise7 the !ost of "oluntary arbitration pro!eedings and "oluntary arbitratorGs fee shall beshared e9ually by the parties. 6arties are en!ouraged to set aside funds to answer for the !ost of "oluntary arbitration pro!eedings in!luding "oluntary arbitratorGs fee. In the e"ent that said funds are notsuffi!ientto !o"er su!h e3penses7 an amount by way of subsidy taken out of the )pe!ial Voluntary Arbitration %und may be a"ailed of by either or both parties sub:e!t to the guidelines on "oluntary arbitration to be issued by the )e!retary
R#LE LAB'R E$#CATI'& A&$ RE)EARC1
)e!tion *.Labor edu!ation of workers and employers. + The $epartment shall de"elop7 promote and implement appropriatelabor edu!ation and resear!h programs on the rights and responsibilities of workers and employers. It shall be the duty of e"ery legitimate labor organi8ation toimplement a labor edu!ation program for its members on their rights and obligations as unionists and as employees. )e!tion4.(andatory !ondu!t of seminars. + )ub:e!t to the pro"isions of Arti!le 4>*7 it shall be mandatory fore"ery legitimate labor organi8ation to!ondu!t seminars and similar a!ti"ities on e3isting labor laws7 !olle!ti"e agreements7 !ompany rules and regulations7 and other rele"ant matters.The union seminars and similar a!ti"ities may be !ondu!ted independently of or in !ooperation with the $epartmentand other labor edu!ationinstitutions.
)e!tion =. )pe!ial fund for labor edu!ation and resear!h. + E"ery legitimate labor organi8ation
*
shall7 for the abo"e purpose7 maintain a spe!ial fund for labor edu!ation and resear!h.E3isting strike funds may be transformed into labor edu!ation and resear!h funds in whole or in part.The union may also periodi!ally assess and !olle!t a reasonable amount from its members for su!h fund.
.
. R#LEI
R#LEII
LAB'R+(A&AJE(E&T A&$ 'T1ER C'#&CIL) )e!tion *.Creation of labor+management and other !oun!ils. + The $epartment shall promote the formation oflabor+management !oun!ilsin organi8ed and unorgani8ed establishments toenable theworkers toparti!ipatein poli!yand de!ision+making pro!esses in the establishment7 insofar as said pro!esses will dire!tly affe!t their rights7 benefits and welfare7 e3!ept those whi!h are !o"ered by !olle!ti"e bargaining agreements or are traditional areas of bargaining.
. The $epartment shall promote other labor+ management !ooperation s!hemes and7 upon its own initiati"e or upon the re9uest of both parties7 may assist in the formulation and de"elopment of programs and pro:e!ts on produ!ti"ity7 o!!upational safety and health7 impro"ement of 9uality of work life7 produ!t 9uality impro"ement7 and other similar s!heme. In line with the foregoing7 the $epartment shall render7 among others7 the following ser"i!es ,*- Condu!t awareness !ampaigns@ ,4-Assist the partiesin setting up labor+ management stru!tures7 fun!tions and pro!edures@ ,=- 6ro"ide pro!ess fa!ilitators upon re9uest of the parties@ and ,>- (onitor the a!ti"ities of labor+management stru!tures as may be ne!essary and !ondu!t studies on best pra!ti!es aimed at promoting harmonious labor+management relations. )e!tion 4. )ele!tion of representati"es. + In organi8ed establishments7 the workersG representati"es to the !oun!il shall be nominated by the e3!lusi"e bargaining representati"e.In establishments where no legitimate labor organi8ation e3ists7 the workers representati"e shall be ele!ted dire!tly by the employees at large.
. 6ICETI&J7 )TRIE) A&$ L'C'#T) . )e!tion *. Jrounds for strike and lo!kout. + A strike or lo!kout may be de!lared in !ases of bargaining deadlo!ks and unfair labor pra!ti!es.Violations of !olle!ti"e bargaining agreements7 e3!ept flagrant and2or mali!ious refusal to !omply with its e!onomi! pro"isions7 shall not be !onsidered unfair labor pra!ti!e and shall not be strikeable.&o strike or lo!kout may be de!lared on grounds in"ol"ing inter+union and intra+union disputes or on issues brought to "oluntary or !ompulsory arbitration. )e!tion 4.;ho may de!lare a strike or lo!kout. + Any !ertified or duly re!ogni8ed bargaining representati"e may de!lare a strike in !ases of bargaining deadlo!ks and unfair labor pra!ti!es.The employer may de!lare a lo!kout in the same !ases.In the absen!e of a !ertified or duly re!ogni8ed bargaining representati"e7 any legitimate labor organi8ation in the establishment may de!lare a strike but only on grounds of unfair labor pra!ti!es. )e!tion =. &oti!e of strike or lo!kout. + In !ases of bargaining deadlo!ks7 a noti!e of strike or lo!kout shall be filed with the regional bran!h of the Board at least thirty ,=?- days before the intended date thereof7 a !opy of said noti!e ha"ing been ser"ed on the other party !on!erned.In !ases of unfair labor pra!ti!e7 the period of noti!e shall be fifteen ,*- days.1owe"er7 in !ase of unfair labor pra!ti!e in"ol"ing the dismissal from employment of any union offi!er duly ele!ted in a!!ordan!e with the union !onstitution and by+laws whi!h may !onstitute union+busting where the e3isten!e of the union is threatened7 the fifteen+day !ooling+off period shall not apply and the union may take a!tion immediately after the strike "ote is !ondu!ted and the results thereof submitted to the appropriateregional bran!h of the Board. )e!tion >. Contents of noti!e. + The noti!e shall state7 among others7 the names and addresses of the employer and the union in"ol"ed7 the nature of the industry to whi!h the employer belongs7 the number of union members and of the workers in
4?
the bargaining unit7 and su!h other rele"ant data as may fa!ilitate the settlement of the dispute7 su!h as a brief statement or enumeration of all pending labor disputes in"ol"ing the same parties. In !ases of bargaining deadlo!ks7 the noti!e shall7 as far as pra!ti!able7 further state the unresol"ed issues in the bargaining negotiations and be a!!ompanied by the written proposals of the union7 the !ounter+proposals of the employer and the proof of a re9uest for !onferen!e to settle the differen!es.In !ases of unfair labor pra!ti!es7 the noti!e shall7 as far as pra!ti!able7 state the a!ts !omplained of and the efforts taken to resol"e the dispute ami!ably. Any noti!e whi!h does not !onform with the re9uirements of this and the foregoing se!tions shall be deemed as not ha"ing been filed and the party !on!erned shall be so informed by the regional bran!h of the Board. )e!tion . $is!losure of information. +In !olle!ti"e bargaining7 the parties shall7 at the re9uest of either of them7 make a"ailable su!h up+to+date finan!ial information on the e!onomi! situation of the undertaking7 whi!h is normally submitted to rele"ant go"ernment agen!ies7 as is material and ne!essary for meaningful negotiations.;here the dis!losure of some of this information !ould be pre:udi!ial to the undertaking7 its !ommuni!ation may be made !ondition upon a !ommitment that it would be regarded as !onfidential to the e3tent re9uired.The information to be made a"ailable may be agreed upon between the parties to !olle!ti"e bargaining. )e!tion 5.Con!iliation. + #pon re!eipt of the noti!e7 the regional bran!h of the Board shall e3ert all efforts at mediation and !on!iliation to enable the parties to settle the dispute ami!ably.The regional bran!h of the Board may7 upon !onsultation7 re!ommend to the parties that the noti!e be treated as a pre"enti"e mediation !ase.It shall also en!ourage the parties to submit the dispute to "oluntary arbitration. $uring the pro!eedings7 the parties shall not do any a!t whi!h may disrupt or impede the early settlement of the dispute.They are obliged7 as part of their duty to bargain !olle!ti"ely in good faith7 to parti!ipate fully and promptly in the !on!iliation meetings !alled by the regional bran!h of the Board.The regional bran!h of the Board shall ha"e the power to issue subpoenas re9uiring the attendan!e of the parties to the meetings. Information and statements gi"en at !on!iliation pro!eedings shall be treated as pri"ileged !ommuni!ations.Con!iliators and similar offi!ials shall not testify in any !ourt or body regarding any matter taken up at !on!iliation pro!eedings !ondu!ted by them.
)e!tion D.)trike or lo!kout "ote. + A de!ision to de!lare a strike must be appro"ed by a ma:ority of the total union membership in the bargaining unit !on!erned obtained by se!ret ballot in meetings of referenda !alled for the purpose.A de!ision to de!lare a lo!kout must be appro"ed by a ma:ority of the board of dire!tors of the employer7 !orporation or asso!iation or the partners in a partnership obtained by a se!ret ballot in a meeting !alled for the purpose. The regional bran!h of the Board may7 at its own initiati"e or upon re9uest of any affe!ted party7 super"ise the !ondu!t of the se!ret balloting.In e"ery !ase7 the union or the employer shall furnish the regional bran!h of the Board the noti!e of meetings referred to in the pre!eding paragraph at least twenty+four ,4>- hours before su!h meetings as well as the results of the "oting at least se"en ,D- days before the intended strike or lo!kout7 sub:e!t to the !ooling+off period pro"ided in this Rule. )e!tion F. $e!laration of strike or lo!kout. + )hould the dispute remain unsettled after the lapse of the re9uisite number of days from the filing of the noti!e of strike or lo!kout and of the results of the ele!tion re9uired in the pre!eding se!tion7 the labor union may strike or the employer may lo!k out its workers.The regional bran!h of the Board shall !ontinue mediating and !on!iliating. )e!tion . Impro"ed offer balloting. + In !ase of a strike7 the regional bran!h of the Board shall7 at its own initiati"e or upon the re9uest of any affe!ted party7 !ondu!t a referendum by se!ret balloting on the impro"ed offer oftheemployer on orbefore the=?th day of strike.;hen at least a ma:orityof the union members "ote to a!!ept the impro"ed offer7 the striking workers shall immediately return to work and the employer shall thereupon readmit them upon the signing of the agreement. In !ase of a lo!kout7 the regional bran!h of the Board shall also !ondu!t a referendum by se!ret balloting on the redu!ed offer of the union on or before the =?th day of the lo!kout.;hen at least a ma:ority of the board of dire!tors or trustees or the partners holding the !ontrolling interest in the !ase of partnership "ote to a!!ept the redu!ed offer7 the workers shall immediately return to work and the employer shall thereupon readmit them upon the signing of the agreement. )e!tion *?. 1iring of repla!ements. + The mere parti!ipation of a worker in a lawful strike shall not !onstitute suffi!ient ground for termination of his employment e"en if a repla!ement had been hired by the employer during su!h lawful strike.But any union offi!er who knowingly parti!ipates in the !ommission of illegal a!ts during a strike may be de!lared to ha"e lost his employment status.
4*
.
R#LEIII
)e!tion **.6rohibitions regarding the employment of repla!ements. + &o publi! offi!ial or employee7 in!luding offi!ers and personnel of the Armed %or!es of the 6hilippines or the 6hilippine &ational 6oli!e7 or any armed person shall ++
TER(I&ATI'& '% E(6L'(E&T
,a- Bring in7 introdu!e or es!ort7 in any manner7 any indi"idual who seeks to repla!e strikers in entering or lea"ing the premises of a strike area7 or ,b- ;ork in pla!e of the strikers. &othing herein shall be interpreted to pre"ent aforementioned offi!ials7 employees or pea!e offi!ers from taking any measure ne!essary to maintain pea!e and order and2or prote!t life and property )e!tion *4.6ea!eful pi!keting. +;orkers shall ha"e the right to pea!eful pi!keting.&o person engaged in pi!keting shall !ommit any a!t of "iolen!e7 !oer!ion or intimidation or obstru!t the free ingress to or egress from the employerGs premises for lawful purposes7 or obstru!t publi! thoroughfares. &o person shall obstru!t7 impede or interfere with7 by for!e7 "iolen!e7 !oer!ion7 threats or intimidation7 any pea!eful pi!keting by workers during any labor !ontro"ersy or in the e3er!ise of the right to self+ organi8ation or !olle!ti"e bargaining or shall aid or abet su!h obstru!tion or interferen!e.&o employer shall use or employ any person to !ommit su!h a!ts nor shall any person be employed for su!h purpose. )e!tion *=. In:un!tions. +&o !ourt or entityshall en:oin any pi!keting7 strike or lo!kout7 e3!ept as pro"ided in Arti!le 4*F and 45= of the Code. The Commission shall ha"e the power to issue temporary restraining orders in su!h !ases but only after due noti!e and hearing and in a!!ordan!e with its rules.The re!eption of e"iden!e for the appli!ation of a writ of in:un!tion may be delegated by the Commission to any Labor Arbiter who shall submit his re!ommendations to the Commission for its !onsideration and resolution. Any e3 parte restraining order issued by the Commission7 or its Chairman or Vi!e+Chairman where the Commission is not in session and as pres!ribed by its rules7 shall be "alid for a period not e3!eeding 4? days. )e!tion *=. Criminal prose!ution. + The regular !ourts shall ha"e :urisdi!tion o"er any !riminal a!tion under Arti!le 4D4 of the Code.
)e!tion *. )e!urity of tenure. +,a- In !ases of regular employment7 the employer shall not terminate the ser"i!es of an employee e3!ept for :ust or authori8ed !auses as pro"ided by law7 and sub:e!t to the re9uirements of due pro!ess. ,b- The foregoing shall also apply in !ases of probationary employment@ pro"ided7 howe"er7 that in su!h !ases7 termination of employment due to failure of the employee to 9ualify in a!!ordan!e with the standard of the employer made known to the former at the time of engagement may also be a ground for termination of employment. ,!- In !ases of pro:e!t employment or employment !o"ered by legitimate !ontra!ting or sub!ontra!ting arrangements7 no employee shall be dismissed prior to the !ompletion of the pro:e!t or phase thereof for whi!h the employee was engaged7 or prior to the e3piration of the !ontra!t between the prin!ipal and !ontra!tor7 unless the dismissal is for :ust or authori8ed !ause sub:e!t to the re9uirements of due pro!ess or prior noti!e7 or is brought about by the !ompletion of the phase of the pro:e!t or !ontra!t for whi!h the employee was engaged. )e!tion 4.)tandards of due pro!ess@ re9uirements of noti!e. + In all !ases of termination of employment7 the following standards of due pro!ess shall be substantially obser"ed I.%or termination of employment based on :ust !auses as defined in Arti!le 4F4 of the Code ,a-A written noti!e ser"ed on the employee spe!ifying the ground or grounds for termination7 and gi"ing to said employee reasonable opportunity within whi!h to e3plain his side@ ,b- A hearing or !onferen!e during whi!h the employee !on!erned7 with the assistan!e of !ounsel if the employee so desires7 is gi"en opportunity to respond to the !harge7 present his e"iden!e or rebut the e"iden!e presented against him@ and ,!- A written noti!e of termination ser"ed on the employee indi!ating that upon due !onsideration of all the !ir!umstan!es7 grounds ha"e been established to :ustify his termination. In !ase of termination7 the foregoing noti!es shall be ser"ed on the employee
.
44
II.%or termination of employment as based on authori8ed !auses defined in Arti!le 4F= of the Code7 the re9uirements of due pro!ess shall be deemed !omplied with upon ser"i!e of a written noti!e to the employee and the appropriate Regional 'ffi!e of the $epartmentat least thirty days before the effe!ti"ity of the termination7 spe!ifying the ground or grounds for termination. III.If the termination is brought about by the !ompletion of the !ontra!t or phase thereof7 no prior noti!e is re9uired.If the termination is brought about by the failure of an employee to meet the standards of the employer in the !ase of probationary employment7 it shall be suffi!ient that a written noti!e is ser"ed the employee within a reasonable time from the effe!ti"e date of termination. )e!tion=. Right to !ontest dismissal. + Any de!ision taken by the employer shall be without pre:udi!e to the right of the worker to !ontest the "alidity or legality of his dismissal by filing a !omplaint with the Regional Bran!h of the Commission. )e!tion>. 6eriod to de!ide. + Cases in"ol"ing the dismissal of a worker shall be de!ided by the Labor Arbiter within twenty ,4?-working days from the date of submission of su!h !ases for de!ision )e!tion. Reinstatement pending hearing. + The )e!retary may suspend the effe!ts of the termination pending resolutionof the !ase in the e"ent of a prima fa!ie finding that the termination may !ause a serious labor dispute or is in implementation of a mass lay+off. )e!tion5. Certifi!ation of employment. + A dismissed worker shall be entitled to re!ei"e7 on re9uest7 a !ertifi!ate from the employer spe!ifying the dates of his engagement and termination of his employment and the type or types of work on whi!h he is employed. )e!tionD.Report of dismissal. + The employer shall submit a monthly report to the Regional 'ffi!e ha"ing :urisdi!tion o"er the pla!e of work all dismissals effe!ted by it during the month7 spe!ifying therein the names of the dismissed workers7 the reasons for their dismissal7 the dates of !ommen!ement and termination of employment7 the positions last held by them and su!h other information as may be re9uired by the $epartment for poli!y guidan!e and statisti!al purposes. )e!tion F.6re"enti"e suspension. + The employer may pla!e the worker !on!erned under pre"enti"e suspension if his !ontinued employment poses a serious and imminent threat to the life or property of the employer or of his !o+workers. )e!tion.6eriod of suspension. + &o pre"enti"e suspension shall last longer than thirty ,=?days.The employer shall thereafter reinstate the
worker in his former or in a substantially e9ui"alent position or the employer may e3tend the period of suspension pro"ided that during the period of e3tension7 he pays the wages and other benefits due to the worker.In su!h !ase7 the worker shall not be bound to reimburse the amount paid to him during the e3tension if the employer de!ides7 after !ompletion of the hearing7 to dismiss the worker.
R#LEIV EEC#TI'& '% $ECI)I'&)7 A;AR$)7 'R 'R$ER) )e!tion *. %inality of de!isions. + #nlessotherwise spe!ifi!ally pro"ided for in this Book7 the de!ision of the )e!retary7 Commission7 the Bureau or Regional $ire!tor7theLaborArbiter7the(ed+Arbiteror the Voluntary Arbitrator shall be final and e3e!utory after ten ,*?- !alendar days from re!eipt thereof by the parties.
. )e!tion 4. E3e!ution of de!isions7 orders or awards. + ,a- The )e!retaryorthe Bureau or Regional $ire!tor7 the Labor Arbiter7 the (ed+ Arbiter or Voluntary Arbitrator may7 upon his own initiati"e or on motion of any interested party7 issue a writ of e3e!ution on a :udgment within fi"e ,years from the date it be!omes final and e3e!utory7 re9uiring the )heriff or the duly deputi8ed offi!er to e3e!ute or enfor!e their respe!ti"e final de!isions7 orders and awards. ,b- The )e!retary and the Chairman of the Commission may designate spe!ial sheriffs and take any measure under e3isting laws to ensure !omplian!e with their de!isions7 orders or awards and those of the Labor Arbiters and "oluntary arbitrators7 in!luding the imposition of administrati"e fines7 whi!h shall not be less than fi"e hundred ,6 ??.??- pesos nor more than ten thousand ,6*?7???.??- pesos. ,!- Alternati"ely7 the )e!retary7 the Commission7 any Labor Arbiter7 the Regional $ire!tor or the $ire!tor of the Bureau of Labor Relations in appropriate !ases may deputi8e the 6hilippine &ational 6oli!e or any law enfor!ement agen!ies in the enfor!ement of final awards7 orders or de!isions.
.
4=
R#LEV JE&ERAL 6R'VI)I'&) )e!tion *. 6enalties. + Any person "iolating any of the pro"isions of Arti!le 45> of the Code shall be punished by a fine of not less than one thousand ,6*7???.??- pesos nor more than ten thousand ,6*?7???.??- pesos and2or imprisonment for not less than three,=- months nor more than three ,=years7 or both su!h fine and imprisonment7 at the dis!retion of the !ourt. 6rose!ution under this pro"ision shall pre!lude prose!ution for the same a!t under the Re"ised 6enal Code and "i!e "ersa. )e!tion 4. %ri"olous or dilatory appeals. + To dis!ourage fri"olous or dilatory appeals7the )e!retary7Commission or the Labor Arbiter shall impose reasonable penalties7 in!luding fines or !ensures upon erring parties. )e!tion =. Enfor!ement of de!isions7 orders and awards. + The )e!retary and the Chairman of the Commission may take any measure under e3isting laws to ensure !omplian!e with their de!isions7 orders and awards and those of Labor Arbiters and Voluntary Arbitrators7 in!luding the imposition of administrati"e fines whi!h shall not be less than 6??.?? nor more than 6*?7???.?? against the erring parties.
)e!tion >.6erson guilty of misbeha"ior. + A person guilty of misbeha"ior in the presen!e of or so near the )e!retary7the Chairman or any member of the Commission or any Labor Arbiteras to obstru!t or interrupt the pro!eedings before the same7 in!luding disrespe!t toward said offi!ials7 offensi"e personalities toward others7 or refusal to be sworn or to answer as a witness or to subs!ribe an affida"it or deposition when lawfully re9uired to do so may be summarily ad:udged in dire!t !ontempt by said offi!ials and punished by fines not e3!eeding fi"ehundred pesos ,6??.??- or imprisonment not e3!eeding fi"e ,-days or both7 if it be the )e!retary7 the Commission or members thereof7or a fine not e3!eeding one hundred pesos ,6*??.??- or imprisonment not e3!eeding one ,*day7 or both7 if it be a Labor Arbiter.
Indire!t !ontempt shall be dealt with by the )e!retary7 Commission or Labor Arbiter in the manner pres!ribed under Rule D* of the Re"ised Rules of Court. )e!tion . In!idental motions will not be gi"en due !ourse. + In all pro!eedings at all le"els7 motions for dismissals or any other in!idental motions shall not be gi"en due !ourse7 but shall remain as part of the re!ords for whate"er they may be worth when the !ase is de!ided on the merits. )e!tion 5.&on+inter"ention of outsiders in labor disputes. + &o person other than the interested parties7 their !ounsels or representati"es may inter"ene in labor disputes pending before the Regional 'ffi!e7 the Bureau7 Labor Arbiters7 the !ompulsory or "oluntary arbitrators7 the Commission7 and the )e!retary.Any "iolation of this pro"ision will sub:e!t the outsider to the administrati"e fines and penalties pro"ided for in the Code. )e!tion D. ;hen !omplaint deemed filed. + A !omplaint is deemed filed upon re!eipt thereof by the appropriate agen!y whi!h has :urisdi!tion o"er the sub:e!t matter and o"er the parties. )e!tion F. Che!k+off from non+members. + 6ursuant to Arti!le 4>F ,e- of the Code7 the employer shall !he!k+off from non+union members within a !olle!ti"e bargaining unit the same reasonable fee e9ui"alent to the dues and other fees normally paid by union members without the need for indi"idual !he!k+off authori8ations. ARTICLE II.All other rules7 regulations7 issuan!es7 !ir!ulars and administrati"e orders in!onsistent herewith are hereby superseded. ARTICLE III.The foregoing rules shall take effe!t two weeks after !ompletion of publi!ation in two ,4newspapers of national !ir!ulation.N (anila7 6hilippines7 ?* (ay *D. ,)J$.-LE'&AR$' A. H#I)#(BI&J )e!retary NThese rules were published on ?5 Mune *D in )tar and Today.The rules take effe!t on 4* Mune *D.
The person ad:udged in dire!t !ontempt by a Labor Arbitermay appeal to the Commissionand the e3e!ution of the :udgment shall be suspended pending the resolution of the appeal upon thefilingbysu!hpersonofabond on !ondition that he will abide by and perform the :udgment should the appeal be de!ided against him. The :udgment of the Commissionis immediately e3e!utory and inappealable.
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