Labor Relations

Question 1

Which employees are eligible to join, form or assist labor organizations in the private sector?

Answer 1

• Employees of government-owned and/or controlled corporations without original charters
• Employees of religious, charitable, medical, or educational institutions
• Front-line managers (supervisory employees)
• Alien employees
• Working children
• Homeworkers
• Employees of cooperatives
• Employees of legitimate contractors

These categories cover a diverse group of workers, ensuring broad representation.

Question 2

Fill in the blank: In the public sector, all ______ of all branches, offices, instrumentalities, and agencies of government can form, join, or assist a labor organization.

Answer 2

rank-and-file employees

This includes government-owned and/or corporations with original charters.

Question 3

True or False: Front-line managers are excluded from the right to self-organization in the private sector.

Answer 3

False

Front-line managers, or supervisory employees, are eligible to join labor organizations.

Question 4

What types of institutions’ employees are included in the right to self-organization in the private sector?

Answer 4

Employees of religious, charitable, medical, or educational institutions

This applies regardless of whether these institutions operate for profit or not.

Question 5

Define the term ‘homeworkers’ in the context of labor organization eligibility.

Answer 5

Individuals who work from home and are involved in production or services

Homeworkers are recognized in labor laws as having the right to self-organization.

Question 6

What are employees’ organizations?

Answer 6

Employees’ organizations are labor organizations that workers in the government sector can assist and choose for themselves.

Question 7

What is the right of supervisory employees regarding labor organizations?

Answer 7

Supervisory employees have the right to organize their own labor organization but cannot join unions of rank-and-file employees.

Question 8

What happens if supervisors are improperly included in a union?

Answer 8

If supervisors are improperly included in a union with rank-and-file employees, they are automatically deemed removed from the union’s membership list by operation of law.

Question 9

What are the requisites for an alien employee to self-organize?

Answer 9

An alien employee must have a valid working permit from DOLE and be a national of a country that grants similar rights to Filipino workers or has ratified ILO Convention No. 87 or No. 98.

Question 10

Do working children have the right to join labor unions?

Answer 10

Yes, working children have the same freedom as adults to join collective bargaining unions of their own choosing.

Question 11

What rights do homeworkers have regarding organizations?

Answer 11

Homeworkers have the right to form, join, or assist organizations of their own choosing in accordance with the law.

Question 12

Can members of cooperatives form or join labor organizations?

Answer 12

Members of cooperatives cannot form or join labor organizations for collective bargaining as they are co-owners of the cooperative.

Question 13

What rights do employees of legitimate contractors have?

Answer 13

Employees of legitimate contractors have the right to self-organization (not with the principal but with the contractors), collective bargaining, and peaceful concerted activities, including the right to strike.

Question 14

What is the purpose of labor organizations for workers without employers?

Answer 14

Workers without employers can organize labor organizations for mutual aid and protection, not for collective bargaining purposes.

Question 15

Who is eligible for membership in a labor organization?

Answer 15

Any employee, whether employed for a definite period or not, is eligible for membership in any labor organization beginning on the first day of his service.

Question 16

Can the right to join a union be restricted by employment contracts?

Answer 16

The right to join a union cannot be made subject to a stipulation in an employment contract or CBA.

Question 17

What is the term for labor organizations in the government sector?

Answer 17

The labor organization in the government sector is technically called an ‘employees’ organization.’

Question 18

Where is the registration of employees’ organizations done?

Answer 18

Registration of employees’ organizations is made with both the Civil Service Commission (CSC) and the Bureau of Labor Relations (BLR) of the Department of Labor and Employment (DOLE).

Question 19

What is a registered employees’ organization?

Answer 19

Once registered, it is technically called a registered employees’ organization.

Question 20

What is the equivalent term for a registered employees’ organization in the private sector?

Answer 20

In the private sector, this is theoretically known as a legitimate labor organization.

Question 21

Who cancels the registration of an employees’ organization?

Answer 21

The cancellation of registration of an employees’ organization is made by both the CSC and the BLR.

Question 22

What is the term for the exclusive bargaining union in the government sector?

Answer 22

The sole and exclusive bargaining union is called an accredited employees’ organization.

Question 23

What is the equivalent term for an accredited employees’ organization in the private sector?

Answer 23

In the private sector, this is in principle known as a sole and exclusive bargaining agent (SEBA).

Question 24

What is the organizational unit in the context of government employees’ organizations?

Answer 24

The unit where the government employees’ organization seeks to operate is called the ‘organizational unit.’

Question 25

What is the equivalent term for an organizational unit in the private sector?

Answer 25

In the private sector, this is technically known as a bargaining unit.

Question 26

Is the right to strike allowed in the government sector?

Answer 26

The right to strike is absolutely prohibited in the government sector.

Question 27

Who is not eligible to join, form or assist a labor organization in the private sector?

Answer 27

Persons in the private sector who cannot exercise this right include managerial employees and confidential employees.

Question 28

Who is not eligible to join, form or assist a labor organization in the public sector?

Answer 28

The following are not eligible in the public sector:
1) High-level employees whose functions are normally considered as policy-making or managerial or whose duties are of a highly confidential nature;
2) Members of the Armed Forces of the Philippines;
3) Police officers;
4) Policemen;
5) Firemen;
6) Jail guards.

Question 29

What are the three types of managerial employees?

Answer 29

1) Top Management; 2) Middle Management; 3) First-Line Management (supervisors).

Question 30

What is the role of Top Management?

Answer 30

Top Management is responsible for the overall management of the organization and establishes operating policies.

Question 31

What titles are typically associated with Top Management?

Answer 31

Typical titles include ‘chief executive officer’, ‘president’, or ‘senior vice-president’.

Question 32

What does Middle Management do?

Answer 32

Middle Management directs the activities of other managers and implements the organization’s policies.

Question 33

What is an example of a Middle Manager?

Answer 33

A plant manager in an electronic firm is an example of a middle manager.

Question 34

What is First-Line Management?

Answer 34

First-Line Management is the lowest level responsible for directing the work of others, specifically operating employees.

Question 35

What are examples of First-Line Managers?

Answer 35

Examples include ‘foreman’, production supervisor, technical supervisor, and clerical supervisor.

Question 36

Can all managerial employees form or join a union?

Answer 36

No, only first-line managers (supervisors) are allowed to form a labor union; top and middle managers are prohibited.

Question 37

Why are supervisors prohibited from joining rank-and-file unions?

Answer 37

Supervisors are more closely identified with the employer, and allowing them to join rank-and-file unions can impair relationships and affect discipline.

Question 38

Who are considered confidential employees?

Answer 38

Confidential employees assist or act in a confidential capacity to those who formulate management policies in labor relations.

Question 39

What criteria must be met to be considered a confidential employee?

Answer 39

Both criteria must be met: 1) Assisting in a confidential capacity; 2) Assisting those who determine management policies.

Question 40

What is a confidential employee?

Answer 40

A confidential employee may be a rank-and-file or supervisory employee who is not allowed to assist, form, or join a rank-and-file union or supervisory union due to access to management’s labor relations information.

Question 41

Why are confidential employees excluded from the bargaining unit?

Answer 41

Their exclusion is justified under the confidential employee rule to avoid a potential conflict of interest.

Question 42

What must access to confidential information relate to for an employee to be classified as a confidential employee?

Answer 42

Access must relate to the employer’s labor relations policies.

Question 43

Does access to non-labor relations confidential information make an employee a confidential employee?

Answer 43

No, access to confidential information regarding internal business operations, such as financial information or trade secrets, does not render an employee a confidential employee.

Question 44

Can a bank cashier who is also the secretary of the board of directors be classified as a confidential employee?

Answer 44

No, unless there is clear evidence that the employee has access to confidential information specifically relating to labor relations policies.

Question 45

What is the doctrine of necessary implication?

Answer 45

It is the legal basis for the ineligibility of a confidential employee to join a union, implying that if managerial employees are prohibited, so are confidential employees.

Question 46

What does Article 255 of the Labor Code state regarding confidential employees?

Answer 46

It limits the ineligibility to join, assist, or form a labor organization to managerial employees, but jurisprudence extends this prohibition to confidential employees.

Question 47

Why should managerial employees not be union members?

Answer 47

Because they are supposed to act as representatives of the employer, and their union membership could jeopardize the employer’s interests.

Question 48

What are examples of confidential employees?

Answer 48

1. Accounting personnel and radio and telegraph operators.
2. Division secretaries, staff of General Management, Personnel and Industrial Relations Department, secretaries of Audit, EDP, and Financial Systems.
3. Legal secretaries tasked with typing legal documents and correspondence, the keeping of records and files, the giving of and receiving notices, and such other duties as required by the legal personnel of the corporation.
4. Executive Secretaries of the General Manager, Quality Assurance Manager, Product Development Manager, Finance Director, Management System Manager, Human Resources Manager, Marketing Director, Engineering Manager, Materials Manager and Production Manager were also considered confidential employees since they have access to “vital labor organization”.

Question 49

What is Labor Relations?

Answer 49

Labor relations law defines the status, rights and duties and the institutional mechanisms that govern the individual and collective interactions of employers, employees or their representatives.

Question 50

What is the Principle of Co-determination?

Answer 50

This refers to the rights of the workers to participate in
policy and decision-making processes affecting their rights
and benefits as may be provided by law.” (Section 3, Article
XIl of the 1987 Constitution

Question 51

What is the legitimate workplace mechanism where co-determination can be exercised?

Answer 51

Article 267 of the Labor Code states the creation of the
Labor Management Councils for the purpose of the workers’
right, subject to such rules and regulations as the Secretary
of Labor and Employment may promulgate, to participate in
e policy and decision-making processes of the establishment
where they are employed insofar as said processes will
directly affect their rights, benefits, and welfare.

Thus, the legitimate workplace mechanism to exercise
co-determination is the Labor-Management Councils
(LMC).

Question 52

Who is an employee?

Answer 52

“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.
(Article 219[f1, Labor Code)

“Employee” refers to any person working for an
employer. It includes one whose work has ceased in
connection with any current labor dispute or because of any
unfair labor practice and one who has been dismissed from
work but the legality of the dismissal is being contested
in a forum of appropriate jurisdiction. [Underscore ours
supplied] (Section 1[s], Rule I, Book V, IRR, Labor Code)

Question 53

Distinguish a labor organization from a legitimate labor organization.

Answer 53

“Labor organization” means any union or association of employees which exists in whole or in part for the purpose of collective bargaining or of dealing with employers concerning terms and conditions of employment. (Article 219/g], Labor Code)

“Legitimate labor organization” means any labor organization duly registered with the Department of Labor and Employment, and includes any branch or local thereof.(Article 219[h], Labor Code)

While a “labor organization” exists for a lawful purpose, a “legitimate labor organization”must, in addition, be registered with the labor department.

Question 54

Distinguish clearly but briefly between company union and a union shop.

Answer 54

Company union means any labor organization whose formation, function or administration has been assisted by any act defined as unfair labor practice by this Code.(Article 219[i], Labor Code) On the other hand, there is a union shop when all new regular employees are required to join the union within a certain period for their continued employment. (Slord Development Corporation v. Noya, G.R.No. 232687, February 4, 2019)