Labor 2 under Kua Flashcards
Labor relations
How the law manages the relationship between ER-EE, while in the workplace and after the relationship has been settled
Trade unionism
Empowering the employee to negotiate in better terms
7 Cardinal Rights
- Self-organization
- Collective bargaining & negotiation
- Peaceful Concerted Activities, inc. the Right to Strike
- Security of Tenure
- Humane Conditions of Work
- Living Wage
- Participate in Policy & Decision-Making Processes
Preferred method of dispute settlement
Voluntary modes in settling disputes, including conciliation
Methods of dispute settlement (Art. 218)
Free collective bargaining and negotiations, including VA, mediation and conciliation
Estate of Dulay v. Aboitiz
It is settled that when the parties have validly agreed on a procedure for resolving grievances and to submit a dispute to voluntary arbitration then that procedure should be strictly observed.
Kiok Loy
Collective bargaining is designed to stabilize the relation between labor and management and to create a climate of sound and stable industrial peace. It is a mutual responsibility of the employer and the Union and is characterized as a legal obligation.
When does the obligation to collectively bargain set in?
1) Possession of the status of majority representation of the employees’ representative in accordance with any of the means of selection or designation provided by the LB
2) Proof of majority representation; and
3) A demand to bargain under Art. 251 (a) of the New Labor Code
Trade union
Registered with DOLE and gives its officers different obligations (ex. education of labor rights)
Work enlightenment (Art. 250)
Duty of LOs and officers to inform members on:
1) CBL
2) CBA
3) Prevailing labor relations systems
4) Rights and obligations under current laws
Consequence of violating the work enlightenment right?
Ground for cancellation of union registration or expulsion of officers from office (needs 30% members of union to report)
Nature of NLRC
For program and policy coordination; independent from SOLE; has appellate jurisdiction over cases by LA
When does the NLRC sit en banc?
For purposes of (1) promulgating RRs governing the hearing and disposition of cases and (2) formulating policies affecting its administration and operations
When can another NLRC division hear one from another jurisdiction?
On temporary or emergency basis.
CONDITIONED ON:
- The docket allowing additional workload
- The transfer won’t expose litigants to unnecessary addt’l expense
How does the NLRC promulgate judgement?
Concurrence of 2 commissioners of a division.
If can’t be obtained, Chairman can designate additional Commissioners from other divisions
Jurisdiction of LAs and NLRC (Art. 224)
- ULP
- Termination disputes
- Cases involving wages, rates of pay, hours of work and other terms and conditions of employment (if w/ a claim for reinstatement)
- Claims for damages arising from ER-EE relations
- Cases arising from violation of Art. 279 (Prohibited Activities), inc questions re: legality of strikes and lockouts
- All other claims from ER-EE relations including domestic services involving more than 5K regardless of whether accompanied with a claim for reinstatement (except employees compensation, SSS, Medicare and maternity benefits)
- Also those involving interpretation/implementation of CBA or interpretation/enforcement of company personnel policies when referred by the grievance machinery and VA in the agreement
When does NCMB have jurisdiction
Prior to union registration
Procedure in NCMB (Art. 261)
- NCMB will intervene upon request of either/both parties or at its own initiative
- NCMB will call parties to conciliation meetings (can issue subpoenas)
- During it, parties are prohibited from doing acts which may disrupt/impede early settlement
Jurisdiction of BLR/LRD (Art. 232)
- All inter-union and intra-union conflicts
- All disputes, grievances or problems arising from/affecting labor-management relations in all workplaces (WON agri/non-agri)
EXC: Implementation/interpretation of CBA which is subject to grievance procedure and/or VA
How many days does the BLR have to work on a labor case
15 working days subject to extension
Jurisdiction of VAs (Art. 274)
- All unresolved grievances from interpretation/implementation of CBA
- Interpretation/enforcement of company personnel policies
- All other disputes including ULP and bargaining deadlocks (upon agreement)
- CBA violations not gross in character are not ULP and = resolved as grievances in the CBA
Administrative Intervention for Dispute Avoidance (AIDA)
-Happens before VA to solve issues in its grassroots
- For the settlement of any potential or ongoing disputes
Potential or ongoing dispute
An active dispute that is not yet the subject of any complaint/notice of strike/lockout
VA vs. LA
- VA is a private individual arising from contract
- LA jurisdiction arises from law, judge of the labor court
Conciliation vs. Mediation vs. Arbitration
- C – can’t compel anything; is meant to advise the parties on the price of things without going into the merits of the case
- M – can’t compel; but goes into the issues of the case
- A – can compel and has the NLRC sheriff to enforce it
Tripartite Arbitration Advisory Council (TVAAC)
Advises the NCMB on matters pertaining to the promotion of voluntary arbitration as the preferred mode of dispute settlement.
On what matters can employees participate in (at a bare minimum)?
Those concerning their rights and obligations affecting union member rights
Employer (Art. 219)
- Any person acting in the interest of an employer
- can include LO or its officers/agents when acting as such
Alba v. Yupangco
Officers are only solidarily liable when:
1) They vote for/assent to patently unlawful acts of the corporation;
2) Act in bad faith or with gross negligence in their direction
Ex. Terminating employees in bad faith
Employee (Art. 219)
Any person in the employ of an employer including those whose work has ceased as a result of or in connection with any current labor dispute or because of any ULP if he has not obtained any other substantially equivalent and regular employment
Labor organization
Any union/association of employees which exists in whole or in part for the purpose of collective bargaining or with dealing with ERs concerning terms and conditions of employment (Art. 219).
Airline Pilot Association v. CIR
You cannot subscribe to a restrictive interpretation of LO. An LO cannot be limited to employees of a particular employer
LLO
Any labor org registered with DOLE (219)
Cebu Seamens’ v. Calleja
It’s registration with DOLE, not SEC that is affirmative of your rights as an LLO
Company Union
Any labor organization whose formation, function or administration had been assisted by an act defined as ULP (219)
Labor dispute
Any controversy or matter re: terms and conditions of employment or the ass’n or representation of persons in negotiating, fixing, maintaining, changing or arranging the ters and conditions of employments (219)
Managerial employee
One vested with powers or prerogatives to
1) lay down and
2) execute management policies and
3) hire, transfer, suspend, lay-off, recall, discharge, assign or discipline employees
Supervisory employees
Those who, in the interest of the employer,
1) effectively recommend such managerial actions (if such exercise is not merely routinary or clerical) that requires the use of independent judgement.
Strike
Any temporary stoppage of work by concerted action because of an industrial/labor dispute
Lockout
Any temporary refusal of an employer to furnish work because of an industrial or labor dispute
Strike-ller
Any person who obstructs, impedes, or interferes with by force, violence, coercion, threats or intimidation, any peaceful picketing on wages, hours or conditions of work or in the exercise of the right to self-organization/collective bargaining
Strike area
Establishment, warehouses, depots, plants or offices, including the sites or premises used as runaway shops, of the employer struck against including the immediate vicinity actually used in moving to and fro points of entrance and exit from the establishment
Who has the right to self-organization? (253)
1) All employees in commercial, industrial agri, religious, charitable, medical. and educational institutions whether operating for profit/not
2) Gov’t Corporate Employees (Art. 254)
3) Supervisory employees (255)
4) Aliens (w/ valid permit and from a country that grants similar rights)
5) Security guards
Right of ambulant, intermittent and itinerant workers, self-employed people, rural workers, and those without definite employers?
Right to for LOs for their mutual aid and protection
Rights of LLOs (Art. 251)
1) Act as representative for its members for the purpose of CB
2) Certified as the SEBA of all employees in an appropriate BU for CB
3) To be furnished by the ER, upon written request, with its annual audited financial statements (Within 30 days from receipt of request after union has been recognized as the SEBA, during 60-day freedom period, during negotiations)
4) Own property for the use and benefit of its members
5) Sue and be sued
6) Undertake all other activities designed to benefit the organization
Non-abridgement of right to self-organization (Art. 257)
Unlawful for any person to restrain, coerce, discriminate against or unduly interfere with employees and workers in the exercise of their right to self-organization
Reyes v. Trajano
The right to self-organization includes the right not to join or the right to refuse to be represented by any LO
Union vs. Workers Association
Union: Any LO in the private sector organized for collective bargaining
Workeres Association: Organization of workers for mutual aid and protection or for any other legit purpose that is not collective bargaining (doesn’t need EE-ER)
Labor-management councils
Participate in policy and decision-making processes (needs EE-ER relationship)
What is the remedy of an employer who sees the LO as including members not allowed the right to self-organization? (AIM v. AIM Faculty Assn)
To file a petition for cancellation of the union’s certificate of registration due to misrepresentation
Other covered employees with the right to self-organization
- Non-profit employees (Reyes v. Trajano) (BP 70)
- Employees of government corporations.
- Security guards (Meralco v. STEAM & FLAME)
Right of all other employees in the civil service (Art. 254)
Right to form associations for purposes not contrary to law
Those without the right to join any LO
Managerial employees (Art. 255)
Holy Child v. Hon. Sto. Tomas
The inclusion of disqualified persons in a petition for cert election is not a ground for cancellation of registration
Rule on aliens
GEN: All aliens are prohibited from engaging directly/indirectly in all forms of trade union activities
EXC: Aliens working in the country with valid permits issued by the DOLE so long as their country grants the same/similar rights to FIlipino workers
Work permit from DOLE
Permit may only be given when there is a shortage of Filipinos with the same capability for the job
Regulation of foreign assistance (Art. 285)
GEN: NO foreign individual, org, or entity may give any donations, grants or other forms of assistance to any LO, group of workers or any auxiliary thereof (like coops, credit unions, research instis in relation to TU activities)
EXC: If they have prior permission from SOLE
Trade union activities
1) Organizing, forming and administering an LO
2) Negotiation and admin of CBAs
3) All forms of concerted union action
4) Organizing union conventions, meetings, rallies, referenda, teach-ins, seminars, conferences and institutes
5) Any form of participation in representation proceedings, elections, and other analogous activities
Rule on security guards
EO 111 removed the disqualification of security guards from joining an LO
Paper Industries v. Languesma
First-line managers are those that ensure policies are carried out by rank-and-file – they are really supervisors
Just because an employee is called a manager does not make them so; look at their powers
Confidential employees
1) Assist/act in a confidential capacity AND
2) To persons who formulate, determine or effectuate management policies in labor relations
Can be rank and file/supervisory
Confidential capacity (Metrolab v. Roldan)
By reason of their position or nature of work, they assist/act in a fiduciary manner to managerial employees and are therefore privy to sensitive and highly confidential data (that may be important to handling labor relations)
CENECO v. DOLE
Employees who are members of a coop are not entitled to form/join a union
Rule on employees of IOs
IOs are granted political immunity and such immunity extend to labor law. BUT the workers do have rights to self-organization
What is the remedy of employees of IOs?
- Look at the dispute mechanism in the int’l convention
- There is a consequence for IOs when there is an abuse of privilege and immunity– it can be withdrawn by our gov’t
Singer Sewing Machine v. Drilon
You must be an employee first to have a right to form a labor organiation. A bargaining unit must be composed of employees
Mactan Workers v. Aboitiz
The benefits of a CBA extend to all those in the BU, not just those who are also members of the LU chosen as a bargaining representative
Consequence for ULP committed by an employer (259)
Officers and agents of corps, associations or partnerships actually participating in, authorized or ratified the ULP shall be held CRIMINALLY LIABLE.
Consequence of ULP by labor organization (260)
Officers, members of governing boards, reps, agents or members of LOs actually participating in, authorized or ratified the ULP shall be held CRIMINALLY LIABLE.
Other penalties for unlawful acts
- Fine of 1K-10K OR
- Imprisonment of min 3 months, max 3 years
- Or both
Requirement of registration for a fed, NU, or industry/trade union center, or independent union (240)
1) P50 reg fee
2) Names of its officers, their addresses, principal address of the LO, minutes of the organization meeting and list of workers who participated in such meeting
3) Annual financial report if in existence for 1/more years; (unless it hasn’t collected any from its members in which case, they must issue a statement to this effect)
4) 4 copies of CBL, minutes of its adoption or ratification & the list of members who participated. (This is no longer required when this factual circumstance is recorded in the minutes of the org. meetings)
If an IU, needs names of all its members comprising at least 20% of all the employees in the BU ( and A statement that reports it is not a chartered local of any fed. or NU)
Requirements for a local chapter (of a fed or NU) (241)
1) Charter certificate
2) Names of the officers, address, and principal office of the chapter
3) CBL (if it’s the same as the fed/NU, then indicate such fact)
**All reqs must be certified to under oath by the sec/treasurer, and attested by its president
How many does does the BLR have on application (242)
Within 30 days from filing
Remedy of LO when denied? (243)
Appeal it to the BLR if decision was by the regional office. You have 10 days from receipt of notice thereof
Additional requirements for Feds or NUs (244)
1) Proof of affiliation of at least 10 locals/chapters (each must be a duly recognized CBA in the establishment they’re operating in)
2) Names and addresses of the companies where the locals/chapters operate and list of all the members in each company
Grounds for cancellation of registration (247)
1) Misrep, false statement or fraud re: adoption/ratification of CBL or amendments, minutes of ratification, list of members who took part in the ratification
2) Misrep, false statement or fraud re: election of officers, minutes of the election, and list of voters
3) Voluntary dissolution
Failure to comply with period financial report requirements (automatically cancelled) (250)
Voluntary cancellation of registration (248)
- At least 2/3 of general membership votes in a meeting duly called for that purpose
- Application submitted by the board, attested by the president
Rights and conditions of membership in a LO (250)
a) No arbitrary/excessive initiation fees, or A/E/oppressive fine and forfeiture
b) Full and detailed reports of all financial transaction
c) Right to elect their officers including those of the NU/fed, by secret ballot, at intervals of 5 years with no qualification requirements for candidacy except membership in good standing.
d) Right to determine any question of major policy affecting the entire membership (by secret ballot after due deliberation), UNLESS the nature of the org/force majeure renders secret ballot impractical. In which case, the board may make the decision
e) Can’t knowingly admit as member/continue membership of someone who belongs to a subversive org/is engaged in/directly in any subversive activity
f) No person convicted of a crime involving moral turpitude shall be eligible for election as union officer/for appointment
g) No officer, agent or member shall collect any fees UNLESS duly authorized
h) Payment of fees, shall be evidenced by a receipt signed by the officer/agent making the collection and entered into the records of the org
i) Funds shall not be applied for any purpose other than those expressly provided by CBL, or expressly authorized by written resolution adopted by the majority at a general meeting duly called for the purpose
j) Income/revenue shall be evidenced by a record showing its source, along with every expenditure evidenced by a receipt from the person to whom pay (with date, place and purpose of payment)
k) Officers only paid salaries and expenses due to their position as per CBL/written resolution. Any irregularity in such meeting shall be a ground for impeachment/expulsion
l) Treasurer shall render a true and correct account of all money.
m) Books of accounts are open to inspection by any officer/member during office hours
n) No special assessment/extraordinary fees on members except upon written resolution
o) No special assessments, attys fees, nego fees, or extraordinary fees may be checked off from the employee without indiviudal written authorization duly signed by the employee. Such authorization should state the amount, purpose and beneficiary of the deduction
p) Duty of LO and members to inform its members on CBL< CBA< prevailing labor relations system, and all rights and obligations under labor law.
Election of officers (250)
Union officer will submit to SOLE list of newly-elected officers with the appointive officers/agents entrusted with handling of funds within 30 calendar days from election/occurrence of any change in the list of officers
Actions involving the funds of the org
Prescribes after 3 years from date of submission of the annual financial report to DOLE or from date the same SHOULD have been submitted as per law (whichever is earlier)
Rendering of account by treasurer (250)
Done:
1) At least once a year within 30 days after close of fiscal year
2) At such other time required by resolution of majority
3) Upon vacating
Such shall be audited and verified by affidavit and a copy given to SOLE
Rights of LLOs (251)
1) Act as representative for its members for the purpose of CB
2) Certified as the SEBA of all employees in an appropriate BU for CB
3) To be furnished by the ER, upon written request, with its annual audited financial statements (Within 30 days from receipt of request after union has been recognized as the SEBA, during 60-day freedom period, during negotiations)
4) Own property for the use and benefit of its members
5) Sue and be sued
6) Undertake all other activities designed to benefit the organization
When allowed to levy special assessments or extraordinary fees?
1) Written resolution by
2) Majority of all members
3) In a general membership meeting duly called for that purpose
4) Secretary shall record the minutes of the meeting, which shall be attested to by the President:
- list of members presents
- votes cast
- purpose of assessment
5) Check-off:
- individual written authorization duly signed
- Specifying the amount and purpose and beneficiary of the deduction
Repertorial Requirements (to the BLR) (252)
1) CBL, amendments, minutes of ratification and members that took part within 30 days from adoption
2) List of officers, minutes of officers, list of voters within 30 days from election
3) Annual financial reports, within 30 days from close of every fiscal year
4) List of members at least once a year/whenever required
Consequence of not filing rep requirements (252)
It’s not a ground for cancellation of union registration BUT erring officers are subject to suspension, expulsion or any appropriate penalty
La Suerte Cigar v. DoL
Failure to achieve the 30% consent (now 20%) because of the withdrawal of the members from the union before the petition was filed meant that the cert election cannot take place
Adamson v. CIR
Supervisors can now be affiliated with the same federation for rank and file because they are independent bodies anyway
Tanduay Distiller v. NLRC
Acts of disloyalty like joining another union outside the freedom period warrant their dismissal pursuant to a union security clause
Volkshel v. BLR
Petitioner’s act of withdrawing from natitional union ALUMETAL warrants the ending of check off authorization for union dues
PLASLU v. CIR
PLASLU has lost its capacity to sue in this Petition as a labor union entitled “to all the rights and privileges granted by law” when the SOLE dropped its name from the list of registered labor organizations in light of its failure to comply with the requirement for inspection of its books of accounts.
