CHAPTER 4 Flashcards
Labor Organization
Any union or association of employees which exists in whole or part for the purpose of collective bargaining or dealing with employers.
It is created for mutual aid, interest, cooperation, protection, and other lawful purposes.
Legitimate Labor Organization (LLO)
Any labor organization duly registered with the DOLE and includes any branch or local thereof.
Bargaining Representative
A LLO/any office/agent of such organization whether employed or not employed by the employer
Company Union
any labor organization whose formation, function or administration has been assisted by any act defined as ULP by LC.
Two basic purpose of a Labor Organization
- For collective bargaining
- For dealing with the employer
Two Modes of Creating a Labor Organization
- Independent Registration
- Chartering of local chapter / Chartered local
Registration with DOLE
LO may be registered or not.
**If registered: considered as LLO. Clothed with legal personality to claim the representational and bargaining rights.
**If not registered: not illegitimate because unregistered. It is still lawful organization but it has no legal personality to demand collective bargaining with the employer.
Classification of Labor Organization
National Level
1. Federation/National Union
2. Industry Union
3. Trade Union Center
4. Company Union
Enterprise Level
1. Independent Union
2. Chapter
Cancellation of Registration
- Misinterpretation, false statement, or fraud in connection with the adoption or ratification of the constitution of CBL/amendments thereto, the minutes of ratification, and list of members who took part in the ratification.
- Misinterpretation, false statement, or fraud in connection with the Election of officers, minutes of the election of officers and list of voters.
- Voluntary dissolution.
**NOTE: If there are supervisors that are joined with the rank-and-file employees union, would that be a ground for cancellation of registration?
***Answer: NO, those who do not belong to the union are deemed automatically removed from the union by operation of law.
NOTE
A local union may affiliate with or disaffiliate from a federation. This is an exercise of the right of association recognized by the Constitution.
Between the chapter and the federation, affiliation or disaffiliation is a contractual relation. Hence, even if disaffiliation is a matter of right, the local must comply with the obligations under the CBL such as manner and period of notice.
Affiliate
- Independent registered union that enters into an agreement of affiliation with a federation/national union.
- Chartered local which applies for and is granted an independent registration but does not disaffiliate from its mother federation/national union.
Reasons for Affiliation
- Secure support/assistance especially during the formative stage of unionization.
- Utilize expertise in preparing and pursuing bargaining proposals.
- Marshal mind and manpower in the course of group action such as strike.
Independently registered union is required to report affiliation with the Regional Office
Union affiliating with a federation or national union is required to report such affiliation to the
Regional Office that issued its certificate of registration.
Disaffiliation of local union from the federation
**GR: Labor union may disaffiliate from the mother union to form an independent union only during the 60-day freedom period immediately preceding the expiration of the CBA.
**XPN: Even before the onset of the freedom period, disaffiliation may still be carried out, but such must be effected by the majority of the union members in the BU.
Disaffiliation must be by majority decision
Disaffiliation must be decided by the entire membership through secret balloting.
Individual or any number of members may disaffiliate from the union during “freedom period” bu disaffiliating the union itself from the mother union must be supported by the majority of the members. If done by minority even during freedom period, the act constitute disloyalty and they may be expelled from the union or removed from employment because of union security clause.
LIMITATION TO DISAFFILIATION
Effect of Disaffiliation
- Union Dues - obligation of employee to remit union dues to the mother is coterminous with the affiliation or membership of its local. The dues must now be remitted to the local.
- Existing CBA - CBA continues to bind the members of the new or disaffiliated and independent union up to the CBA’s expiration date based on the ‘Substitutionary Doctrine.’
Entitlement to Union Dues after Disaffiliation
(Effect of revocation of chapter)
**Independently Registered: LO entitled to the union dues and not the federation.
**Unregistered: Union dues may no longer be collected as there would no longer be any labor union that is allowed to collect such union dues from the EEs.
Effect of Revocation
**GR: The revocation shall divest (dispossess) the local/chapter of its legal personality upon receipt of the notice by the Bureau.
**XPN: If the local/chapter has acquired independent registration.
Effect of Cancellation of Registration of Federation or National Union on locals/chapters
**GR: The cancellation shall operate to divest its locals/chapters of their status as LLO.
(If the registration of a federation or national union is canceled, its locals/chapters lose their status as LLOs.)
**XPN: Locals/chapters are covered by a duly registered CBA.
**Note:
locals/chapters shall be allowed to register as independent unions. If they fail to register, they shall lose their legitimate status upon the expiration of the CBA.
QUESTION: PSEA is a local union in Skylander Company which is affiliated with PAFLU. PSEA won the certification election among the rank-and-file employees of the Skylander Company but its rival union PSEA-WATU protested the results.
Pending the resolution of such controversy, PSEA disaffiliated with PAFLU and hence affiliated with NCW which was supported by its members. May a local union disaffiliate with its mother federation pending the settlement of the status as the sole and exclusive bargaining agent?
ANSWER: YES. The pendency of an election protest does not bar the valid disaffiliation of the local union which was supported by the majority of its members. The right of a local union to disaffiliate with the federation in the absence of any stipulation in the CBLs of the federation prohibiting disaffiliation is well settled. Local unions remain as the basic unit of association, free to serve their own interest subject to the restraints imposed by the Constitution and by-laws of national federation and are free to renounce such affiliation upon the terms and conditions laid down in the agreement which brought such affiliation to existence.
(The right of a local union to leave its federation is not blocked by a pending protest. As long as the majority of the members support the decision to disaffiliate, and there are no rules in the federation’s constitution preventing it, the local union is free to change its affiliation. Local unions are considered the basic unit and have the freedom to act in their own interest, including disaffiliating from the federation, as long as they follow the terms set by their original agreement.)
Substitutionary Doctrine
This doctrine holds that the EEs cannot revoke the validly executed CB contract with their ER by simple expedient of changing their BA. The new BA must respect the contract. The EEs, through their new BA cannot renege on the CB contract, except to negotiate with the management for the shortening thereof.
