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A. Introduction - II. Labor Relations, Union;Defined - Refers to any labor…

- - - - Labor Arbiters
      - Bureau of Labor Relations
        
        National Conciliation Mediation boards
        
        Voluntary Arbitration
        
        Tripratite Voluntary Arbitration Advisory Council
        
        SENA (RA 10396, DO 151-16)
        
        Labor Management Committees
        
        Secretary of Labor and Employment
    - - Art. 3. Declaration of Basic Policy - The State shall afford protection to labor, promote full employment, ensure equal work opportunities regardless of sex, race or creed, and regulate the relations between workers and employers. The State shall assure the rights of workers to self-organization, collective bargaining, security of tenure, and just and humane conditions of work.
        
        Art. 4. Construction in Favor of Labor - All doubts in the implementation and interpretation of the provisions of this Code, including its implementing rules and regulations, shall be resolved in favor of labor.
        
        Art. 5. Rules and Regulations - The Department of Labor and other government agencies charged with the administration and enforcement of this Code or any of its parts shall promulgate the necessary implementing rules and regulations. Such rules and regulations shall become effective fifteen (15) days after announcement of their adoption in newspapers of general circulation
        
        Difference Between LC and Consti - Because Labor Code echoes the 1973 Constitution. The 1987 Constitution came after.
    - - Effect of ILO Reports - Merely fact-finding. Has no jurisdiction over the signatory countries.
  - - - Social Justice - Provides resources & rights to people socially and economically disadvantaged as a means of equity.
    - - De Vera Kwento - Primary Social economic force, affirmed by designation of essential workers.
  - - - Optional
        
        SECTION 13. The State shall establish a special agency for disabled persons for rehabilitation, self-development and self-reliance, and their integration into the mainstream of society.
        
        SECTION 14. The State shall protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation.
- - - - General Coverage (LC 235, 219)
        All persons employed in commercial, industrial, agricultural, religious, charitable, medical or educational institutions shall have the right to self-organization and to form, join, or assist labor organizations of their own choosing for collective bargaining.
        
        CANNOT FORM LABOR ORGANIZATIONS FOR CBAING
        
        Managerial Employees (255) - Ineligible to join, assist or form any labor organization for CBAing. But may also worker's association.
        
        Confidential Employees (San Miguel Corp v. Laguesma) - Those who:
        
        ASSIST - or act in a confidential capacity, in regard
        
        MANAGEMENT - to persons who formulate, determine, and effectuate management policies (specifically in the field of labor relations)
        
        COVERAGE (Sugbuanon v. Laguesma 2000) - Article 245 of the Labor Code does not directly, prohibit confidential employees from engaging in union activities. However, under the doctrine of necessary implication, the disqualification of managerial employees equally applies to confidential employees.
        
        The confidential-employee rule justifies exclusion of confidential employees because in the normal course of their duties they become aware of management policies relating to labor relations.
        
        It must be stressed, however, that when the employee does not have access to confidential labor relations information, there is no legal prohibition against confidential employees from forming, assisting, or joining a union.
        
        DIFFERENTIATED - Not the same as loss of trust and confidence as grounds for termination. Requires necessary access and performance re: confidential labor relations information to prevent CE from unionizing.
        
        Effects - Confidential and Supervisory can form their own unions for CBA purposes, but cannot commingle with R&F.
        
        TEST FOR CE for Unionizing (San Mig v. Laguesma)-
        
        NECESSARY ACCESS - to confidential labor relations information.
        
        NECESSARY FOR PERFORMANCE - If an employee has access to confidential labor relations information but such is merely incidental to his duties and knowledge and is not necessary in the performance of such duties, said access does not render the employee a confidential employee.
        
        EFFECT OF INCLUSION (256) - The inclusion as union members of employees outside the bargaining unit shall not be a ground for the cancellation of the registration of the union. Said employees are automatically deemed removed from the list of membership of said union.
        
        DEFINITION (219) - one who is vested with the powers or prerogatives to lay down and execute management policies and/or to hire, transfer, suspend, lay-off, recall, discharge, assign or discipline employees. Supervisory employees are those who, in the interest of the employer, effectively recommend such managerial actions if the exercise of such authority is not merely routinary or clerical in nature but requires the use of independent judgment. All employees not falling within any of the above definitions are considered rank-and-file employees for purposes of this Book.
        
        TEST (AD GOTHONG v. CONFESOR) - The test of supervisory or managerial status depends on
        
        PRESENCE - of authority to act as provided in LC 212(m) and its corresponding IRR above, and
        
        AUTHORITY - must not be merely routinary or clerical in nature, rather it must mandate the use of independent judgment
        
        Distinction - Managers make the policy. Supervisors do not formulate, instead implement.
        
        Worker/Member of Cooperative (Cooperative Rural Bank of Davao v. Ferrer-Calleja) - Subdivided into employees who are owners/members and non-owners/members.
        
        Owner - cannot invoke the right to collective bargaining as an owner cannot bargain with himself/co-owners
        
        Non-Owner/Non-Member - entitled to exercise the rights of a worker to self-organization.
        
        DEFINITION - organizations composed primarily of small producers and of consumers who voluntarily join together to form business enterprises which they themselves own, control, and patronize.
        
        E-E Relationship (Republic v. Asiapro) - an owner-member can also be an employee of the cooperative. Owner-membership only prevents the person from collectively bargaining.
        
        International Organizations (ICMC v. Calleja) - Immune from the application of Philippine labor laws. Immune as to assure unimpeded performance of their functions by the agencies concerned. This means that workers of the said organization cannot participate in a certification election and thus cannot form a labor organization for the purposes of collective bargaining.
        
        DEFINITION - “International organization” is generally used to describe an organization set up by agreement between two or more states. They are endowed with some degree of international legal personality such that they are capable of exercising specific rights, duties and power
        
        WORKER'S ASSOCIATION - Nothing in the law prevents the formation of worker's association. Only prohibited from CBAing
        
        CAN FORM LABOR ORGANIZATIONS - GR: All employees can form labor organizations.
        
        Aliens (IRR - DO-40-C-05 (2005) Rule II, Sec. 2) - Alien employees with
        
        VALID WORKING PERMITS issued by the Department may exercise the right to self-organization and join or assist labor unions for purposes of collective bargaining if they are
        
        NATIONALS OF A COUNTRY which grants the sale or similar rights to Filipino workers, as certified by the Department of Foreign Affairs, or which has ratified either ILO Convention No. 87 and ILO Convention No. 98.
        
        FOREIGN ASSISTANCE;PROHIBITED (285) -
        
        No foreign individual, organization or entity may give any donations, grants or other forms of assistance, in cash or in kind, directly or indirectly, to any labor organization, group of workers or any auxiliary thereof, such as cooperatives, credit unions and institutions engaged in research, education or communication, in relation to trade union activities, without prior permission by the Secretary of Labor.
        
        foreign donations, grants, or other forms of assistance, in cash or in kind, given directly or indirectly to any employer or employer's organization to support any activity or activities affecting trade unions
        
        TRADE UNION ACTIVITIES (285) -
        
        ORGANIZATION - , formation and administration of labor organization;
        
        NEGOTIATION - and administration of collective bargaining agreements;
        
        CONCERTED UNION ACTION - forms of concerted union action;
        
        ORGANIZING - , managing, or assisting union conventions, meetings, rallies, referenda, teach-ins, seminars, conferences and institutes;
        
        REPRESENTATION - any form of participation or involvement in representation proceedings, representation elections, consent elections, union elections; and
        
        ANALOGOUS other activities or actions analogous to the foregoing.
        
        ROLE OF SOLE (285) - The Secretary of Labor shall promulgate rules and regulations to regulate and control the giving and receiving of such donations, grants, or other forms of assistance, including the mandatory reporting of the amounts of the donations or grants, the specific recipients thereof, the projects or activities proposed to be supported, and their duration.
        
        Religious Group (Victoriano Elizalde v. Rope Workers) - May be excluded from closed shop agreements via RA 3356
        
        OWN LABOR ORGANIZATION (KMCD v. Calleja) - May choose to form their own union if one union is contrary to their own religious beliefs as they are still entitled to the basic right of self-organization, regardless of religious affiliation.
        
        Union-Security Clause (LC 259) - GR: the parties agree that every new entrant to the collective bargaining unit should become part of the sole and exclusive bargaining agent.Allows union to demand termination of member who loses membership status.
        
        Maintenance of Membership Clause - Rank and file need not be part of the union. But, once part of the union needs to remain as part of the union throughout the duration of the employment.
        
        Union-Shop - arrangement requiring workers to join a particular union and pay dues within a specified period of time after beginning employment—usually 30 to 90 days
        
        CLOSED-SHOP AGREEMENT - a contract between an employer and a labor union that stipulates that the employer will only hire workers from a specific union and those workers can only remain with that employer while they are a part of the union.
        
        Probationary ( Manila Pavilion) - In a certification election, all rank and file employees in the appropriate bargaining unit, whether probationary or permanent are entitled to vote. The Code makes no distinction as to their employment status as basis for eligibility in supporting the petition for certification election. All they need to be eligible to support the petition is to belong to the "bargaining unit."
        
        Non-Employees (253 & Rule II, Sec. 2) - (253) Ambulant, intermittent and itinerant workers, self-employed people, rural workers and those without any definite employers may form labor organizations for their mutual aid and protection
        (Rule II, Sec. 2) All other workers, including ambulant, intermittent and other workers, the self-employed, rural workers and those without any definite employers may form labor organizations for their mutual aid and protection and other legitimate purposes EXCEPT collective bargaining
        
        E-E RELATIONSHIP (Singer Sewing v. Drilon) - non employees of the Company, they are not entitled to the constitutional right to join or form a labor organization for purposes of collective bargaining. This refers to worker's associations i.e. labor organizations for purposes like mutual aid and protection BUT NOT collective bargaining.
        
        Direct Certification - No longer valid. Certification is now done via:
        
        Certification Election
        
        Request for Certification - closer to direct certification.
        
        INDEPENDENT CONTRACTORS - Singer is also applicable. In case of trilateral, the workers can unionize against the agency. Unless, labor only contracting.
        
        Q. May union na ba under a subcontractor
        
        Supervisory Employees (255) - NOT eligible for membership in the collective bargaining unit OF THE RANK AND FILE EMPLOYEES but may join, assist or form separate collective bargaining units and/or legitimate labor organizations of their own.
        
        DEFINITION (IRR - DO 40-03 (2003) Rule I, Sec. 1). - an employee who, in the interest of the employer, effectively recommends managerial actions and the exercise of such authority is not merely routinary or clerical but requires the use of independent judgment
        
        FEDERATIONS OF UNIONS (Pepsi Products v. SOLE) - The prohibition extends to a supervisors' local union applying for membership in a national federation the members of which include local unions of rank and file employees. This applies pre-2007.
        
        Conflict of Interest - If S and Rank unionize, president will be rank and file. This leads to non-representation of the supervisory interests. Also flips the hierarchy i.e. rank and file as union leaders but under managerial and supervisory in actual work.
        
        AMENDMENT (LC) - Can now belong to the same federation/national union but separate union.
        
        Ambulant, intermittent and itinerant workers, self-employed people, rural workers and those without any definite employers may form labor organizations for their mutual aid and protection.
        
        Definition (219)
        
        EMPLOYEE - includes any person in the employ of an employer. The term shall not be limited to the employees of a particular employer, unless the Code so explicitly states. It shall include any individual whose work has ceased as a result of or in connection with any current labor dispute or because of any unfair labor practice if he has not obtained any other substantially equivalent and regular employment.
        
        MANAGERIAL EMPLOYEE - one who is vested with the powers or prerogatives to lay down and execute management policies and/or to hire, transfer, suspend, lay-off, recall, discharge, assign or discipline employees.
        
        SUPERVISORY EMPLOYEES - are those who, in the interest of the employer, effectively recommend such managerial actions if the exercise of such authority is not merely routinary or clerical in nature but requires the use of independent judgment.
        
        ARTICLE 292. Miscellaneous Provisions.
        (c) Any employee, whether employed for a definite period or not, shall, beginning on his first day of service, be considered as an employee for purposes of membership in any labor union.
        
        Definitions - Use 219 for Book V, LC 82 for Book III
      - Government Corporations (254) - GR: (EO 180 S. 2)
        
        All government employees can form, join or assist employees' organizations of their own choosing for the furtherance and protection of their interests.
        
        They can also form, in conjunction with appropriate government authorities, labor-management committees, works councils and other forms of workers' participation schemes to achieve the same objectives.
        
        ARMED FORCES (EO 180) - The Executive Order shall not apply to the members of the Armed Forces of the Philippines, including police officers, policemen, firemen and jail guards.
        
        Rationale - Discouraged because may bargain through their arms or strike leading to loss of necessary services.
        
        HIGH LEVEL (EO 180 S. 3) - High-level employees whose functions are normally considered as policy-making or managerial or whose duties are of a highly confidential nature shall not be eligible to join the organization of rank-and-file government employees
        
        ELIGIBILITY OF EMPLOYEES (254)
        
        INCORPORATED - Employees of government corporations established under the corporation code have the right to organize and bargain.
        
        UNINCORPORATED - Right to form associations for purposes not contrary to law.
      - PROTECTION OF RIGHTS (257 & 260)
        
        ARTICLE 257. Non-Abridgment of Right to Self-Organization. — It shall be unlawful for any person to restrain, coerce, discriminate against or unduly interfere with employees and workers in their exercise of the right to self- organization. Such right shall include the right to form, join, 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, subject to the provisions of Article 264 of this Code
        
        Unfair Labor Practices of Labor Organizations (260)
        
        RESTRAIN - or coerce employees in the exercise of their right to self-organization. However, a labor organization shall have the right to prescribe its own rules with respect to the acquisition or retention of membership;
        
        DISCRIMINATE - cause or attempt to cause an employer to discriminate against an employee, including discrimination against an employee with respect to whom membership in such organization has been denied or to terminate an employee on any ground other than the usual terms and conditions under which membership or continuation of membership is made available to other members
        
        REFUSE - violate the duty, or refuse to bargain collectively with the employer, provided it is the representative of the employees
        
        EXTORT - cause or attempt to cause an employer to pay or deliver or agree to pay or deliver any money or other things of value, in the nature of an exaction, for services which are not performed or not to be performed, including the demand for fee for union negotiations
        
        ASK FOR NEGOTIATION/ATTORNEY FEES - ask for or accept negotiation or attorney's fees from employers as part of the settlement of any issue in collective bargaining or any other dispute; or
        
        CBA - violate a collective bargaining agreement.
        
        CRIMINAL LIABILITY (260) - The provisions of the preceding paragraph notwithstanding, only the officers, members of governing boards, representatives or agents or members of labor associations or organizations who have actually participated in, authorized or ratified unfair labor practices shall be held criminally liable
- - - - Role of the State - State sees employment as vested with public interest. Takes a deliberate step to regulate employment.
        
        Gradation of Laws
        
        Constitution
        
        Labor Code (PD 442)
        
        DOLE Issuances (DO 40 S. 2003 & DO 40I Ser.2015)
        
        Cases decided by the SC
        
        Labor Standards(Book I-IV) - Refers to laws that prescribe the minimum terms and conditions of employment which the employer is required to grant to its employees.
        
        Labor Relations (Book V) - Refers to that part of labor law which regulates the relations between employers and workers.
- - - - Representation - Certification Election/ Request for Certification. This step deals with which of the unions validly constituted can now represent the rank and file as a whole. End goal is the workers choose a certified and exclusive bargaining agent (CEBA).
        
        Request For Certification (DO No. 40)
        
        Negotiation - Deals with the procedure for negotiations, requisites for exercise, and the subjects of negotiation. End result is either failure or success to achieve the terms.
        
        4a. Failure - Parties declare deadlock. This leads to
        
        5a.Strike/Lockout/AJ- Unfair labor practice OR deadlock. This can lead to strikes. Here, the Sec. of Labor to exercise its power to Assume Jurisdiction
        
        4b. Succesful - Leads to the formation of the CBA.
        
        5b. Administration of the CBA - Concerned with the implementation of the CBA as well as the steps for rectification of the violation of the CBA such as grievance machinery or voluntary arbitration.
        
        Unfair Labor Practice - Non-observance of the CBA and the failure of grievance machinery.