TITLE FOUR LABOR ORGANIZATION CHAPTER I. REGISTRATION AND CANCELLATION
or agent of all the employees in a bargaining unit orker@s assoassociation ciation Assocof iatunions ion ofor workers workers Article 240. Requirements Requirements of registration. registration. Any Any applicant labor ? organization, or group organiz orglaw anized edlegitimate for the mutual mutu al shall acquire legal personality and shall be entitled to the rights and privileges granted by to labor aid and an d prote pr otect ction ion of its organizations upon issuance of the certicate of registration based on the following requirements. members or for any Fifty pesos (!".""# registration fee$ legitimat legitimate e purpose purpose or for %he names of its o&cers, their addresses, addresses, the principal principal address of the labor organization, organization, the r minutes of the any other othe than collective collect ive organizational meetings and the list of the workers who participated in such meetings$ bargaining %he names of all its members comprising at least twenty percent in the bargain unit ;egit('"# imate of all the woremployees ker@s Asso Associ ciat atio ion nbargaining of ing work worker ers s association organiz org anized ed for mutual mutu al aid where it seeks to operate$ (As amended by )*ecutive +rder o. ---, ecember '/, -012# and proteand ction of its 3f the applicant union has been in e*istence for one or more years, copies of its annual nancial reports$ m e m b e r s or fand or the any Four (/# copies of the constitution and by4laws of the applicant union, minutes of its adoption or ratication, legitimat legitimate e purpose purpose other other list of the members who participated in it. (As amended by 5atas ambansa 5ilang -6", August '-, -01-# than collective bargaining registered with the +;) PRINCIPLE OF AGENCY APPLIED -. rin rinci cipa pall 7 emp emplo loye yees es CLASSIFICATION OF LABOR ORG '. Agen Agentt 7 loc local al8c 8cha hapt pter er NATIONAL UNION#FEDERATION UNION#FEDERATION 7 any labor a. NATIONAL 6. Agent Agent of agent agent 7 fede federa ratio tion n organiz organization ation with at least least -" locals8c locals8chapt hapters ers each each of whic which h must must be a duly duly cert certi ied ed or PURPOSE OF FORMATION OF LABOR UNIONS recognized collective bargaining unit For secur securing ing fair fair and 9ust 9ust wages wages and good good UNION 7 group of legitimate labor b. INDUSTRY UNION 7 working conditions conditions for the laborers$ laborers$ and for the organiz organization ations s wiythn wiythn an identie identied d industr industry, y, protection protection of labor against the un9ust e*actions orga organi nize zed d for for coll collec ecti tive ve barg bargai aini ning ng or for for of capital dealing with employers concerning terms and conditions of employment wiyhin an identied MODES MODES OF ACUIRING ACUIRING LEGITIMACY LEGITIMACY FOR LABOR industry or for participationg in the formukation ORGANIZATION !RC" of social and employment policies, standards -. :egistration with the 5;: (3ndependent
who may register as labor organization national unions or federations organized for the -. Federation mutual aid and protection of its members and '. ational union for for assi assist stin ing g such such memb member ers s in coll collec ecti tive ve 6. 3ndustry union barg argain aining or for for partic ticipa ipatin ting in the the /. %rade union center formulation of social and employment policies, !. 3ndependent union standar standards ds and program programs s duly duly registe registered red with the epartment LABO LABOR R OR ORGA GANI NIZA ZATI TION ON DEFI DEFINI NITI TION ON ALLIANCE 7 aggregation of unions e*isting in d. ALLIANCE ;abor organization Any union or association one line of industry or in a conglomerate, a of employees in the group of franchises, a geographical area, or an private sector which industrial center e*ists in whole or in part COMPANY UNION (insid e. COMPANY (inside e union unions# s# 7 a labor labor for the purpose of orga organi niza zati tion on whch whch,, in whol whole e or in part part,, is collective bargaining or of employer4controlled or employer dominated deali dealing ng with with employ employers ers conc concer erni ning ng ter terms and and REU RE UIR IREM EMEN ENTS TS FO FOR R THE THE ISSU ISSUAN ANCE CE OF THE THE conditions of employment CERTIFICATE CERTIFICATE OF REGISTRATION OF A NATIONAL NATIONAL ot every list list of the work workers ers who who partic particip ipate ated d in such such legitimate labor meetings$ organ organiza izatio tion n can act as bargaining bargaining representative representative 6. %he %he names names of all its its memb member ers s compr compris isin ing g at and be certied as such. least twenty percent ('"# of all the %his is true only of of a union that has won in employ employees ees in the bargai bargainin ning g unit unit where where it certi certicat catio ion n electi election on or seeks to operate$ has been volu oluntari tarilly recognized by the /. 3f the applican applicantt union union has has been been in e*iste e*istence nce for for employer one on e or mor mo r e year ye ars, s, copi co pies es of its it s annu an nual al 3ndependent union Any labor organization nancial reports$ and opera operatin ting g at enter enterpr prise ise level whose legal pers person onal alit ity y is deri derive ved d %. Four (/# copies of the constitution and by4laws thr through ough a inde indepe pend nden entt of the applicant union, minutes of its adoption action for registration with or ratication, and the list of the members who the 5;: or +;) participated in it. prescribed under '/". NOTE& NOTE& =reation of a ;+=A; =A%): does not need
)*clusiv sive bargain gainiing representative
3t may be a&liated with a fede federa rati tion on nati nation onal al or indu industr stry y union union,, in which which case it may also be referred to as an a&liate ;egi ;egiti tima mate te labo laborr unio union n duly recgnised or certied as the sole and e*clusive bargaining bargaining representative representative
subscription of at least '" of the members. Binimum number of members A:%. '/"4A. Chartering Chartering and Creation of a Local Chapter . 4 A duly registered federation or national union may directl directly y create create a local local chapter chapter by issuing issuing a charter charter certicat certicate e indicati indicating ng the establish establishment ment of the local local chapter chapter.. %he chapter chapter shall shall acquire acquire legal legal personal personality ity only for purposes purposes of ling ling a petition petition for certicat certication ion
election from the date it was issued a charter certicate. %he chapter shall be entitled to all other rights and privileges of a legitimate labor organization only upon the submission of the following documents in addition to its charter certicate> (a# %he names of the chapterCs o&cers, their addresses, and the principal o&ce of the chapter$ and (b# %he chapterCs constitution and by4laws> Provided, %hat where the chapterCs constitution and by4laws are the same as that of the federation or the national union, this fact shall be indicated accordingly. %he additional supporting requirements shall be certied under oath by the secretary or treasurer of the chapter and attested by its president. A duly registered federation or national union may directly create a local chapter 5D the chapter shall be entitled to all other rights and privileges of a legitimate labor organization only upon the submission of the G documents in addition to its charter certicate> '. ames of the chapter@s o&cers, their addresses and the principal o&ce of the chapter 2. =hapter@s constitution and by laws (. rovided that where the chapter@s constitution and by4laws are the same as that of the federation or the national union, this fact shall be indicated accordingly %he additional requirements shall be certied under oath by the secretary or treasurer of the chapter and attested by its president )HERE TO FILE APPLICATION FOR REGISTRATION -. For registration of 3)))% <3+, chartered regional o&ce where the applicant principally operates. 3t shall be processed by the ;abor :elations ivision at the :egional +&ce '. Applications for registration of F)):A%3+E, A%3+A; <3+E +: ?+:H):E@ AEE+=3A%3+E in more than one region shall be led with the bureau or the regional o&ce, but shall be processed by the bureau NOTE& A labor organization may be organized under the =orporation ;aw as a non4stock corporation and issued a certicate of incorporation by the E)=. 5ut such incorporation has only the eGect of giving to it 9uridical personality before regular courts of 9ustice. Euch incorporation does not grant the right and privileges of a legitimate labor organization MINISTERIAL DUTY OF THE BLR COMPELLABLE BY MANDAMUS %he ministerial duty involves only the review of the application for registration and not the ssuance of a certicate After a labor organization had led the necessary papers and documents for registration, it becomes mandatory for the 5;: to check if the requirements have been sedulously complied with 3f its application for registration is vitiated by falsication and serious irregularities, especially those appearing on the face of the application and the supporting documents, a labor organization should be denied recognition as a legitimate labor organization PURPOSE OF REGISTRATION :egistration with the 5;: is the operative act that gives rights to a labor organization -. 3t is the fact of being registered with the +;) that makes a labor organization legitimate in the sense that it is clothed with legal personality to claim representational and bargaining rights enumerated in '/1 to strike or picket
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%he requirement of registration is not a curtailment of the right to association. 3t is merely a condition sine qua non for the acquisition of legal personality by labor organizations, associations or unions and the possession of the rights and privileges granted by law to labor originations 3t is a valid e*ercise of police power since the activities in which labor organizations, associations or union of workers are engaged aGect public interest, which should be protected
FEDERATION Any labor organization with at least -" locals8chapters or a&liates each of which must be duly certied or recognized as the sole and e*clusive collective bargaining agent of the employee they represent REUIREMENTS BEFORE A FEDERATON CAN BE ISSUED A CERTIFICATE OF REGISTRATION Aside from the application, which must be accompanied with the requirements for registration of a labor registration, the application should also be accompanied by the G> -. :++F of a&liation of at least -" locals or chapters, each of which must be a duly recognized sole and e*clusive collective bargaining agent in the establishment or industry in which it operates, supporting the registration of such applicant federation or national union '. :)E+;<%3+ of a&liation of at least -" legitimate labor organization, whether independent unions or chartered locals each of which must be duly certied or a recognized bargaining agent in the establishment where it seeks to operate 6. AB)E A A:)EE)E of the companies where the a&liates operate and the list of all the members on each company involved UNION AT ENTERPRISE LE*EL A labor union at enterprise level may be created either by> -. 3ndependent registration '. =hartering INDEPENDET CHARTERING REGISTRATION HO)
+btained by union organizers in an enterprise through their own accord
A duly registered federation8nation al union issues a charter to a union in an enterprise and registers the charter with the regional o&ce of the 5;:
RESULT
3ndependent union ?ith legal personality
=hapter8local
LEGAL PERSONALITY
?):) %+ F3;)
AFFILIATE
Applcation for registration is led with and will be acted upon by the +;) regional o&ce where the applicants principal@s o&ce is located
o legal personality of its own once it disa&liates with the legitimate labor federation because it is only legitimized by a&liation =harter certicate issued by federation or national union is led with the regional o&ce or 5;: within 6" days after the issuance of the charter certicate
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An independently registered union that entered into an agreement of a&liation with a federation or national union Also refers to a chartered local which applied for and was granted an independent registration but did not disa&liate from its mother federation or national union
AFFILIATION OF LOCAL UNION )ITH A FEDERATION %he procedure of a&liation would depend on whether the union is independently registered or not REUIREMETS OF AFFILIATION -. :eport of a&liation of independently registered labor union '. Attachments> a. :esolution of the labor union@s board of directors approving a&liation b. +f the general membership meeting approving the a&liation c. %he total number of members comprising the labor union and the names of members who approved the a&liation d. %he certicate of a&liation issued by the federation in favor of the independently registered labor unit e. ?ritten notice to the employer concerned id the a&liating union is the incumbent bargaining unit NOTE& Eupervisor@s union and the rank and le union operating within the same establishment may 9oin the same federation or national union DISAFFILIATION ?hen a&liated, a local union may disa&liate from the federation )HEN TO DISAFFILIATE GENERAL RULE& A labor union may disa&liate from the mother union to form an independent union only during the 2"4day freedom period immediately preceding the e*piration of the =5A E+CEPTION& DISAFFILIATION BY MA,ORITY )ven before the onset of the freedom period, disa&liation may still be carried out, but such disa&liation must be eGected by a ma9ority of the union members in the bargaining unit %his happens when there is a substantial shift in allegiance on the part of the ma9ority of the members of the union. 3n such case, however, the =5A continues to bind the members of the new disa&liated and independent union up to the =5A@s e*piration date . a consent election to determine the union which shall administer =5A may be conducted LOCAL UNION DISAFFILIATES TO ,OIN NE) FEDERATION ?hen local union withdraws from the old federation to 9oin a new federation, it is merely e*ercising its primary right to labor organization for the eGective enhancement and protection of common interest A local union owed its creation and continued e*istence to the will of its members an not to the federations to which it belongs ;3B3%A%3+> isa&liation should be in accordance with the rules and procedures stated in the constitution and by4laws of the federation A prohibition to disa&liate in the federation@s constitution or by4laws is valid 7 intended for its own protection SUBSTITUTIONARY DOCTRINE %he =5A continues to bind the members of the new or disa&liated and independent union on to the =5A@s e*piration date %he doctrine provides that the employees cannot revoke the validly e*ecuted =5A contract with their employer by the simple e*pedient or charging their bargaining agent
RE*OCATION OF CHARTER BY THE FEDERATION 5y serving the local8chapter a veried notice of revocation, copy furnished the 5ureau on the ground of disloyalty or such other grounds as may be specied in its constitution r by4laws All requires documents shall be under oath the sec or treasurer REASON FOR (0-DAY PERIOD& ensures that any action taken by the 5;: is made in consonance with the mandate of the ;abor =ode, which specically requires that the basis to the issuance of a certicate of registration should be compliance with the requirements for recognition under '/2 REASON FOR REUIRING CERTIFICATION UNDER OATH& to ensure that the labor organization with which an employer is dealing is a bona4de organization MANDAMUS$ NOT CERTIORARI IS PROPER REMEDY Against refusal to register a labor organization which complies with all the requirements %he revocation shall divest the local chapter of its legal personality upon receipt of the notice by the bureau unless in the meantime the local chapter has acquired independent registration NOTE& %he cancellation of registration of a federation or national union shall operate to divest its locals8chapters of their status as legitimate labor organization unless the local8chapters are covered by a duly registered collective bargaining agreement 3n the latter case, the locals8chapters shall be allowed to register as independent unions, failing which they shall lose their legitimate status upon the e/irti1 13 te CBA MERGER AND CONSOLIDATION MERGER OR ABSORPTION 7 rocess where a labor organization absorbs another resulting the cessation of the absorbed ;+@s e*istence and the continued e*istence of the absorbing ;+. EFFECT& %ransfers to the absorbing ;+ all the rights, interest and obligations of the absorbed organization CONSOLIDATION OR AMALGAMATION 5 =reation or formation of a new union arising from the unication of two or more union EFFECT& %he newly created ;+ acquires all the rights, interests, and obligations of the consolidating ;os Article 242. Action on application. %he 5ureau shall act on all applications for registration within thirty (6"# days from ling. All requisite documents and papers shall be certied under oath by the secretary or the treasurer of the organization, as the case may be, and attested to by its president. DECISION A decision of the :egional +&ce or the 5ureau denying the application for registration shall be -. 3n writing '. Etating in clear terms the reason for the decision 6. Applicant union must be furnished a copy of said decision APPEAL 5 decisions of the :egional +&ce shall be appealable to the 5;: and =A. the 5;:@s decisions on cases appealed from :egional irector are nal and not appealable to the Eecretary of ;abor ecisions of the 5;: denying the registration of a labor organization (federation or national union# is appealable to the Eecretary of ;abor within -" calendar days from receipt of the decision, o grounds of> -. rave abuse of discretion '. ross incompetence ecision of Eecretary of ;abor appealable to the =A :+=)<:) F+: :)3E%:A%3+
CHARTERED LOCAL =reated by a federation or national union through issuance of charter
Re6i7trti1 13 3e8erti17$ ti1l 9i17 1r :1r;er7< 771citi17 1/erti6 i =1re t 1e re6i1 >le8 :it& 5ereau of ;abor relations or :egional +&ce (but processed by the bureau#
secretary of labor (if 5;: director denies#
.ecision of Eecretary appealable to =A
Re6i7trti1 13 I8e/e8et L?1r Ui1$ Crtere8 L1cl7$ 8 )1r;er7< A771citi17 FILED )ITH :egional o&ce where union principally operates (rocessed by ;abor :elations .ivision#
5ureau of ;abor :ealtions (3f denied by :egional .irector#
.ecision of 5;: appealable to =A
INDEPENDTL Y REGISTERED 5y signing a contract of a&liation
EFFECT OF DISAFFILIATAI ON TO THE UNION !LOCAL"
?ould not aGect its being a legitimate labor organization and therefore it would continue to have legal personality and to possess all the rights and privileges of a legitimate labor organization
EFFECT OF DISAFFILIATI ON TO THE CBA
An e*isting =5A would continue to be valid as the labor organization can continue administering the =5A
ENTITLEMENT TO UNION DUES AFTER DISAFFILIATI ON
;abor organization is entitled to the union dues and not the federation from which the labor organization disa&liated
UNREGISTERED
5y application of the union with the federation for the issuance of a charter certicate to be submitted to the 5ureau accompanied by the following> -. =opies of its constitution and by4laws '. Etatement of the set of o&cers and books of accounts all f which must be certied by the Eecretary or treasurer and attested by the president 3n such cases, the union becomes a local chapter of the federation Folloe the prinsciple of agency between federation and local rincipal 4 employees Agent 4 local
chapter Agent of agent 4 federation MODES OF APPEAL enial or cancellation by> -. %ransmit records within '/ hours from the receipt of Bemo of Appeal '. 5ureau decides within '" days from receipt of records 6. =ourt of Appeals BUREAU -. %ranscmit records within '/ hrs from receipt of Bemo of appeal '. E)= +F +;) decides within '" days from receipt of records 6. =A NOTE& Appeal by memo of appeal within -" days from receipt of notice :+<E> -. rave abuse of discretion '. Iiolation of rules as amended Article 244. Cancellation of registration; appeal. %he certicate of registration of any legitimate labor organization, whether national or local, shall be cancelled by the 5ureau if it has reason to believe, after due hearing, that the said labor organization no longer meets one or more of the requirements herein prescribed. A:%. '//4A. Eect of a Petition for Cancellation of Registration. 4 A petition for cancellation of union registration shall not suspend the proceedings for certication election nor shall it prevent the ling of a petition for certication election. 3n case of cancellation, nothing herein shall restrict the right of the union to seek 9ust and equitable remedies in the appropriate courts. EFFECT OF CANCELATION OF REGISTARTION IN THE COURSE OF PROCEEDING ?hen a labor union is a party in a proceeding and later it loses its registration permit in the course or during the pendency of the case, such union may continue as a party without need of substitution of parties, sub9ect however to the understanding that whatever decision may be rendered therein will be binding only upon those members of the union who have not signied their desire to withdraw from the case before its trial and decision on the merits F+: ?):) %+ F3;) ?+ BAD F3;) ;)3%3BA%) :egional Any party4in4 33I3 =A:%):) over the place -. Failyre to ;+=A; where comply ?+:H):@E respondent with any of AEE+=3A%3+ principally the operates (6" requireme days to decide# nts under articles '/", '/6 and '// '. Iiolation of any provision under article '/! F)):A%3+E 5ureau director +nly the members A%3+A; +: (6" days to of the labor 3
Article 24%. Grounds for cancellation of union registration. %he following shall constitute grounds for cancellation of union registration> a. Bisrepresentation, false statement or fraud in connection with the adoption or ratication of the constitution and by4laws or amendments thereto, the minutes of ratication and the list of members who took part in the ratication$ b. Bisrepresentation, false statements or fraud in connection with the election of o&cers, minutes of the election of o&cers, the list of voters c. Ioluntary dissolution by the members )HERE TO FILE %he registration may be cancelled by the :egional irector, or in case of federations, national or industry unions and trade union centers, by the 5ureau director, upon the ling of an independent complaint or petition for cancellation ART. 24%-A Voluntary Cancellation of Registration . 4 %he registration of a legitimate labor organization may be cancelled by the organization itself. Provided, %hat at least two4thirds of its general membership votes, in a meeting duly called for that purpose to dissolve the organization> Provided, further , %hat an application to cancel registration is thereafter submitted by the board of the organization, attested to by the president thereof. %he registration of a legitimate labor organization may be cancelled by the organization itself :+I3)> -. At least '86 of its general memebership votes via secret balloting, in a meeting duly called for that purpose to dissolve the organization '. An application to cancel registration is submitted by the board of the organization, attested to by the president thereof NOTE& ronouncement as to illegality of strike is not within the meaning of '/! CHAPTER II RIGHTS AND CONDITIONS OF MEMBERSHIP Article 24@. Rights and conditions of memership in a laor organi!ation. %he following are the rights and conditions of membership in a labor organization> a. o arbitrary or e*cessive initiation fees shall be required of the members of a legitimate labor organization nor shall arbitrary, e*cessive or oppressive ne and forfeiture be imposed$ b. %he members shall be entitled to full and detailed reports from their o&cers and representatives of all nancial transactions as provided for in the constitution and by4laws of the organization$ c. %he members shall directly elect their o&cers, including those of the national union or federation, to which they or their union is a&liated, by secret ballot at intervals of ve (!# years. o qualication requirements for candidacy to any position shall be imposed other than membership in good standing in sub9ect labor organization. %he secretary or any other responsible union o&cer shall furnish the Eecretary of ;abor and )mployment with a list of the newly4elected o&cers, together with the appointive o&cers or agents who are entrusted with the handling of funds, within thirty (6"# calendar days after the election of o&cers or from the occurrence of any change in the list of o&cers of the labor organization$ (As amended by Eection -2, :epublic Act o. 2J-!, Barch '-, -010# d. %he members shall determine by secret ballot, after due deliberation, any question of ma9or policy aGecting the entire membership of the organization, unless the nature of the organization or force ma9eure renders such
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secret ballot impractical, in which case, the board of directors of the organization may make the decision in behalf of the general membership$ o labor organization shall knowingly admit as members or continue in membership any individual who belongs to a subversive organization or who is engaged directly or indirectly in any subversive activity$ o person who has been convicted of a crime involving moral turpitude shall be eligible for election as a union o&cer or for appointment to any position in the union$ o o&cer, agent or member of a labor organization shall collect any fees, dues, or other contributions in its behalf or make any disbursement of its money or funds unless he is duly authorized pursuant to its constitution and by4laws$ )very payment of fees, dues or other contributions by a member shall be evidenced by a receipt signed by the o&cer or agent making the collection and entered into the record of the organization to be kept and maintained for the purpose$ %he funds of the organization shall not be applied for any purpose or ob9ect other than those e*pressly provided by its constitution and by4laws or those e*pressly authorized by written resolution adopted by the ma9ority of the members at a general meeting duly called for the purpose$ )very income or revenue of the organization shall be evidenced by a record showing its source, and every e*penditure of its funds shall be evidenced by a receipt from the person to whom the payment is made, which shall state the date, place and purpose of such payment. Euch record or receipt shall form part of the nancial records of the organization. Any action involving the funds of the organization shall prescribe after three (6# years from the date of submission of the annual nancial report to the epartment of ;abor and )mployment or from the date the same should have been submitted as required by law, whichever comes earlier> rovided, %hat this provision shall apply only to a legitimate labor organization which has submitted the nancial report requirements under this =ode> rovided, further, that failure of any labor organization to comply with the periodic nancial reports required by law and such rules and regulations promulgated thereunder si* (2# months after the eGectivity of this Act shall automatically result in the cancellation of union registration of such labor organization$ (As amended by Eection -2, :epublic Act o. 2J-!, Barch '-, -010# %he o&cers of any labor organization shall not be paid any compensation other than the salaries and e*penses due to their positions as specically provided for in its constitution and by4laws, or in a written resolution duly authorized by a ma9ority of all the members at a general membership meeting duly called for the purpose. %he minutes of the meeting and the list of participants and ballots cast shall be sub9ect to inspection by the Eecretary of ;abor or his duly authorized representatives. Any irregularities in the approval of the resolutions shall be a ground for impeachment or e*pulsion from the organization$ %he treasurer of any labor organization and every o&cer thereof who is responsible for the account of such organization or for the collection, management, disbursement,
custody or control of the funds, moneys and other properties of the organization, shall render to the organization and to its members a true and correct account of all moneys received and paid by him since he assumed o&ce or since the last day on which he rendered such account, and of all bonds, securities and other properties of the organization entrusted to his custody or under his control. %he rendering of such account shall be made> -. At least once a year within thirty (6"# days after the close of its scal year$ '. At such other times as may be required by a resolution of the ma9ority of the members of the organization$ and 6.
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:ights over money matters 7 the rights of the members> a. Against imposition of e*cessive fees b. :ight against unauthorized collection of contributions or unauthorized disbursements c. %o require adequate records of income and e*penses d. %o access nancial records e. %o vote on o&cers@ compensation f. %o vote on special assessment g. %o be deducted a special assessment only with the member@s written authorization /. olitical right 7 the right to vote and be voted for sub9ect to lawful provisions on qualications and disqualications NOTE& any violation of the above rights and conditions of membership shall be a ground for cancellation of union registration or e*pulsion of an o&cer from o&ce whichever is appropriate. At least 6" of all the members of the union or any member or members specied concerned may report such violation to the 5ureau ?) 6" +% :)K<3:)> ?hen the violation directly aGects only ne or two members, the only one or two members would be enough to report such violation NOTE& 3n article '1", the +;) secretary@s or his duly authorized representatives visitorial power to inquire into the nancial activities of any ;+, the complaint must be supported by '" of the ;+ membership UNION MEMBERSHIP Any employee, whether employed for a denite period or not shall, beginning o is rst day of service, be considered an employee for purposes of union membership ! )HO ARE PROHIBITED FROM BECOMING MEMBERS#OFFICERS OF A LABOR ORGANISATION '. Bust be applied uniformly 2. Bembers must be aGorded a reasonable opportunity to pay due LIMITATIONS -. %he labor organization cannot compel employees to become members of their labor organization if they are already member of a :3IA; <3+ '. %he persons mentioned in '/J are prohibited from becoming a member of a labor organization 6. %he members of :);33+
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%he approval must be at a general B)B5):E3 meeting duly called for that purpose /. %he secretary of the organization shall record the minutes of the meeting, which shall be attested to by the resident. %he B3<%)E include> -. %he list of all the members present '. %he votes cast 6. %he purpose of the assessment or fees Eubstantial compliance with the aforementioned procedure is not enough 7 the requirements must be strictly complied with CHEC-OFF 7 a method of deducting from an employee@s pay at prescribed period, the amounts due to the union for fees, nes or assessments NATURE AND PURPOSE 7 union dues are the life blood of the union. All unions are authorized to collect reasonable membership fees, union dues, assessments and nes and other contributions for labor education and research, mutual death and hospitalization benets, welfare fund, strike fund and credit and cooperative undertakings REUIREMENTS )ITH REGARD TO CHEC-OFFS GENERAL RULE& + special assessment, attorney@s fees, registration fees or any other e*traordinary fees may be checked of from any amount due an employee without an individual written authorization duly signed by the employee E+CEPTIONS& '. For mandatory activities provided under the =ode 2. ?hen non4members of the union avail of the benets of the =5A> . Eaid non4members may be assessed union dues equivalent to that paid by members ?. +nly by a board resolution approved by ma9ority of the members in a general meeting called for the purpose ,URISDCITION O*ER CHEC-OFF DISPUTE 5eing an intra4union, the :egional irector of +;) has 9urisdiction over check oG disputes REUISITES OF SPECIAL ASSESSMENT -. Authorization by a written resolution of the ma9ority of all the members at the general membership meeting duly called for the purpose '. Eecretary@s record of the minutes of the meeting 6. 3ndividual written authorization for check4oG duly signed by the employee concerned SPECIAL ASSESSMENT SPECIAL * ASSESSMENT 5y written +? resolution A: approved by +I) ma9ority of all the members at a meeting duly called for that purpose + e*ception$ )L=) written %3+ resolution is %+ mandatory at all E<= instances :)K< 3:)B) %
CHEC OFF CHEC OFF 5y obtaining the individual written authorization duly signed by the employee which must specify$ amount purpose and beneciary
Agency Fees ot necessary '. For mandatory activities provided under the =ode 2. ?hen non4 members of the union avail of the benets of the =5A> . Eaid non4members may be assessed union dues equivalent to that paid by members b. +nly by a board resolution approved by ma9ority of the
members in a general meeting called for the purpose UNION DUES :egular monthly contributions paid by members to the union 3 e*change for the benets give to them by the =5A and to nance the activities of the union representing them AGENCY FEES ues equivalent to union dues, charged from the non4union members who or beneted or under the =5A REUISITES !PNB" -. %he employee is A:% of the bargaining unit '. e is +% a member of the union 6. e partook of the 5))F3%E of the =5A N1te& individual written authorization is not necessary for the collection of agency fees UNION DUES AGENCY FEE UNION DUES AGENCY FEES DEDUCTED FROM Bembers of a union for on4members of the the payment of union bargaining agent for the dues en9oyment of the benets under the =5A CONSENT Bay not be deducted from Bay be deducted from the the salaries of the union salary of employees members without the without their written written consent of the consent worker@s aGected NOTE& Agency fee cannot be imposed on employees already in the service and are members of another union. EMPLOYEE-MEMBERS OF ANOTHER UNION NOT CONSIDERED FREE RIDERS ?hen the union bids to the bargaining agent, it voluntarily assumes the responsibility of representing all employees in the appropriate bargaining unit CHAPTER III RIGHTS OF LEGITIMATE LABOR ORGANIZATION Article 24. Rights of legitimate laor organi!ations. A legitimate labor organization shall have the right> a. %o act as the representative of its members for the purpose of collective bargaining$ b. %o be certied as the e*clusive representative of all the employees in an appropriate bargaining unit for purposes of collective bargaining$ c. %o be furnished by the employer, upon written request, with its annual audited nancial statements, including the balance sheet and the prot and loss statement, within thirty (6"# calendar days from the date of receipt of the request, after the union has been duly recognized by the employer or certied as the sole and e*clusive bargaining representative of the employees in the bargaining unit, or within si*ty (2"# calendar days before the e*piration of the e*isting collective bargaining agreement, or during the collective bargaining negotiation$ d. %o own property, real or personal, for the use and benet of the labor organization and its members$ e. %o sue and be sued in its registered name$ and f. %o undertake all other activities designed to benet the organization and its members, including cooperative, housing, welfare and other pro9ects not contrary to law. otwithstanding any provision of a general or special law to the contrary, the income and the properties of legitimate labor organizations, including grants, endowments, gifts, donations and contributions they
may receive from fraternal and similar organizations, local or foreign, which are actually, directly and e*clusively used for their lawful purposes, shall be free from ta*es, duties and other assessments. %he e*emptions provided herein may be withdrawn only by a special law e*pressly repealing this provision. (As amended by Eection -J, :epublic Act o. 2J-!, Barch '-, -010# RIGHTS OF A LEGITIMATE LABOR ORGANIZATION !USERFOE" -. <):%AH) activities for benet of members '. E<) and be sued 6. )L=; (a# 3ts constitution and by4laws, or amendments thereto, the minutes of ratication, and the list of members who took part in the ratication of the constitution and by4laws within thirty (6"# days from adoption or ratication of the constitution and by4lam or amendments thereto$ (b# 3ts list of o&cers, minutes of the election of o&cers, and list of voters within thirty (6"# days from election$ (c# 3ts annual nancial report within thirty (6"# days after the close of every scal year$ and (d# 3ts list of members at least once a year or whenever required by the 5ureau. Failure to comply with the above requirements shall not be a ground for cancellation of union registration but shall sub9ect the erring o&cers or members to suspension, e*pulsion from membership, or any appropriate penalty.M NOTE& Failure to comply with the above4mentioned requirements shall not be a ground for cancellation of union registration but shall be sub9ect the erring o&cers or members to suspension, e*pulsion from membership TITLE * CO*ERAGE Article 24. Coverage and emplo"ees# right to self$ organi!ation. All persons employed in commercial, industrial and agricultural enterprises and in religious, charitable, medical, or educational institutions, whether operating for prot or not, shall have the right to self4organization and to form, 9oin, or assist labor organizations of their own choosing for purposes of collective bargaining. Ambulant, intermittent and itinerant workers, self4employed people, rural workers and those without any denite employers may form labor organizations for their mutual aid and protection. (As amended by 5atas ambansa 5ilang J", Bay -, -01"# E+TENT OF THE RIGHT TO SELF-ORGANIZATION -. %o form, 9oin and assist labor organization for the purpose of collective bargaining through representatives of their own choosing '. %o engage in lawful concerted activities for the same purpose or for their mutual aid and protection +%)> :ight to organize cannot be bargained away, it must be upheld in the absence of e*press provision of law to the contrary PERSON#EMPLOYEES ELIGIBLE TO ,OIN LO FOR PURPOSES OF COLLECTI*E BARGAINING -. All persons, employed in commercial, industrial and agricultural enterprises (=3A#, including employees of +== w8o original charters established under the ==
'.
3n religious, charitable, medical or educational (:=B)# institutions whether operating for prot or not
PERSONS#EMLOYEES ELIGIBLE TO ,OIN LO FOR MUTUAL AID AND PROTECTION !AIRSI)" -. Ambulant (?alking or Bobile workers# '. 3ntermittent (3rregular workers# 6. :ural /. Eelf4employed !. 3tinerant workers (working for a short time in various places 2. ?orkers without denite employers PERSONS#EMPLOYEES )HO ARE NOT GRANTED THE RIGHT TO SELF-ORGANIZATION !HEMACENGA" -.
34level or managerial government employees '. )B;+D))E of international organizations with immunities such as <, 3::3 6. BAA):3A; )B;+D))E> a. ?hose functions are normally considered as policy4 making or managerial b. ?hose duties are of a highly condential or highly technical in nature /. Bembers of the A:B) forces of the hilippines, including police o&cers, policemen, remen and 9ail guards !. =+F3)%3A; employees 2. )B;+D))E of cooperatives who are at the same time its members form a worker@s association J. +4employees 1. +I):B)% employees, including +== with original charter 0. A;3)E without valid working permits$ or aliens with valid working permits but are nationals of country which do not grant Fil to e*ercise the right to self organization Article 2%0. Right of emplo"ees in the pulic service. )mployees of government corporations established under the =orporation =ode shall have the right to organize and to bargain collectively with their respective employers. All other employees in the civil service shall have the right to form associations for purposes not contrary to law. (As amended by )*ecutive +rder o. ---, ecember '/, -012# GOCC )ITH ORIGINAL GOCC )ITHOUT CHARTER ORIGINAL CHARTER RIGHT TO STRIE )mployees cannot stage %he +== is created strikes since they are under the == the governed by =E ;aw. %hey employees are covered by are en9oined by =E the ;abor code. %herefore, memorandum cir.2, under the employees have the pain of administrative same rights as those as sanctions from staging employees of private strikes, demonstrations, corporations, one of which mass leaves, walkouts is the right to strike and other concerted activities BARGAINING RIGHTS =annot bargain with the
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managerial or whose duties are of a highly condential nature Bembers of the AF including police o&cers, policemen, remen and 9ail guards
NOTE> )mployees of +== under == are allowed to organize for> -. %hey are not involved in public service '. %erms of employment are not *ed by law PROTECTION OF THE RIGHT TO ORGANIZE EO '0 '. overnment employees shall not be discriminated against in respect of their employment by reason of their membership in employeesC organizations or participation in the normal activities of their organization. 2. %heir employment shall not be sub9ect to the condition that they shall not 9oin or shall relinquish their membership in the employeesC organizations. (. overnment authorities shall not interfere in the establishment, functioning or administration of government employeesC organizations through acts designed to place such organizations under the control of government authority. TERMS AND CONDITIONS OF EMPLOYMENT IN GO*ERNMENT SER*ICES GENERAL RULE& %erms and conditions of employment or improvements thereof, e*cept those that are *ed by law, may be the sub9ect of negotiations between duly recognized employeesC organizations and appropriate government authorities. +PN& those items and conditions of employment that are *ed by law NEGOTIABLE TERMS AND CONDITIONS OF EMPLOYMENT IN GOCCS )ITH ORIGINAL CHARTER -. Echedule of vacation and other leaves '. ?ork assignment of pregnant women 6. ersonnel growth and development /. =ommunication system 7 lateral and vertical !. rovision for protection and safety 2. rovision for facilities for handicapped personnel J. rovision for rst4aid medical services for married women 1. Annual medical8physical e*amination 0. :ecreational, social, athletic and cultural activities and facilities NOT NEGOTIABLE -. %hose which require appropriation of funds, such as> a. 3ncrease in salary emoulments and other allowance not presently provided for by law b. Facilities requiring capital outlays c. =ar plan d. rovident fund e. Epecial hospitalization, medical and dental services f. :ice8sugar8other subsidies g. %ravel e*penses h. 3ncrease in retirement benets '. %hese that inlove the e*ercise of management prerogatives such as> a. Appointments b. romotion c. Assignment8details d. :eclassication8upgrading of position e. :evision of compensation structure f. enalties imposed as a result of disciplinary actions g. Eelection of personnel to attend seminar, trainings, study grants h. istribution of work load i. )*ternal communication linkages REGISTRATION OF EMPLOYEES< ORGANIZATION )HERE TO REGISTER ?ith the =ivil Eervice =ommission and +;) %he application shall be led with the 5;: which shall process the same in accordance with ;=
Applications may also be led with the :egional +&ces of +;), which shall immediately transmit the said applications to the 5;: within 6 days from receipt
ISSUANCE OF REGISTRATION CERTIFICATE '. upon petition, order the conduct of a certication election and 2. shall certify the winner as the e*clusive representative of the rank4and4le employees in said organization unit. ,URISDICTION 5 ublic Eector ;abor4Banagement =ouncil A ublic Eector ;abor Banagement =ouncil, hereinafter referred to as the =ouncil, is hereby constituted to be composed of the following> -# =hairman, =hairman
=ivil
Eervice
'# Eecretary, epartment )mployment Iice =hairman
of
=ommission
;abor
and
6# Eecretary, epartment of Finance Bember /# Eecretary, epartment of Nustice Bember !# Eecretary, epartment Banagement Bember
of
5udget
and
Article 2%'. %neligiilit" of managerial emplo"ees to &oin an" laor organi!ation; right of supervisor" emplo"ees.Banagerial employees are not eligible to 9oin, assist or form any labor organization. Eupervisory employees shall not be eligible for membership in a labor organization of the rank4and4le employees but may 9oin, assist or form separate labor organizations of their own. (As amended by Eection -1, :epublic Act o. 2J-!, Barch '-, -010# MANAGERIAL EMPLOYEES 5 those who are vested with powers or prerogatives to lay down and e*ecute management policies and8or to hire, transfer, suspend, lay4oG, recall, discharge, assign or discipline employees MANAGERIAL LS
MANAGERIAL LR PO)ERS#DUTIES Banagement of the ;ay down and e*ecute establishment in which management policies they are employee or of a and8or to hire, transfer, department of subdivision suspend, lay4oG recall, discharge, assign or discipline E+TENT +&cers and members of oes not include +&cers the managerial staG and members of the managerial staG since they are classied as supervisory employees PURPOSE OF DEFINITION %o determine whether or %o determine an not certain employees are employee@s eligibility in covered by 5ook 333 of the 9oining8forming a labor ;= on =onditions of union )mployment
REASON FOR INELIGIBILITY& Banagerial mplyees are the alter ego of the employers and thus they are supposed to be on the side of the employer to act as its representatives, and to see to it that its interests are well protecred NOTE& 3t is not absolutely disqualied from e*ercising right of association. ?hat it prohibits is merely the right to 9oin labor organizations
matters, or with the custody, handling or care and protection of the employer@s property 5y the very nature of their functions a. Assist and act in a condential capacity b. %o persons who formulae determine and eGectuate management policies in the eld of labor relations %he two criteria are cumulative, and both must be met if an employees is to be considered as a condential employee =ondentiality of the position is related or inked to labor relations matters )ver managerial position is condential because one does not become a manager without having gained the condence of the appointing authority. 5ut not ever condential employee is managerial ART. 2%'-A. Eect of Inclusion as em!ers of Employees "utsi#e the $argaining %nit . 4 %he inclusion as union members of employees outside the bargaining unit shall not be a ground for the cancellation of the registration of the union. Eaid employees are automatically deemed removed from the list of membership of said union. :)AE+> After certicate of registration is issued to a union, its legal personality cannot be sub9ect to a collateral attack. 3t may be questioned only via petition for in '60 •
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TYPES OF MANAGERIAL EMPLOYEES -.
First4line managers (supervisors# 7 direct operating employees only and do not supervise other managers
'.
Biddle managers 7 direct the activities of other managers and also, operating employees
6.
%op managers 7 responsible for the over4all management of the +rg
Among the three types, only the rst-line mangers or supervisors can join, assist or form union SUPER*ISORY EMPLOYEES 5 those who, in the interest of the employer, eGectively recommend such managerial actions if the e*ercise of such authority is not merely routinary or clerical in nature but requires the use of independent 9udgment S9/eri71r e=/l1ee7 = 31r=$ 77i7t$ 1i l?1r 1r6iti1 ON THEIR O)N 8 1t :it te r-8->le e=/l1ee7
3f their responsibilities do not inherently require the e*ercise of discretion and independent 9udgment then they may 9oin the union composed of the rank4and4le employees
CONFIDENTIAL EMPLOYEES 5 a condential employee is one entrusted with condence on delicate
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Article 2%2. 'on$aridgment of right to self$ organi!ation. 3t shall be unlawful for any person to restrain, coerce, discriminate against or unduly interfere with employees and workers in their e*ercise of the right to self4organization. Euch right shall include the right to form, 9oin, or assist labor organizations for the purpose of collective bargaining through representatives of their own choosing and to engage in lawful concerted activities for the same purpose for their mutual aid and protection, sub9ect to the provisions of Article '2/ of this =ode. (As amended by 5atas ambansa 5ilang J", Bay -, -01"# It 7ll ?e 9l:39l 31r /er71 t1& !RCDI" -. :estrain '. =oerce 6. iscriminate against /. Any act intended to weaken or defeat the right is regarded by law as an oGense, which is technically called <;
