Labor Relations _ J _Inter Union and Intra-union Disputes

Question 1

Inter-union dispute: Conflict between two or more labor unions.
Intra-union dispute: Conflict between union members within a single union

List down Inter and Intra UNION DISPUTES

Answer 1

Categorization of Inter/Intra-Union Disputes

1. Disputes Related to Union Structure and Governance:
   * Cancellation of union registration
   * Conduct or nullification of union elections
   * Audit of union funds
   * Union affiliation/disaffiliation
   * Impeachment/expulsion of union officers
   * SEBA certification validity
   * Union constitution and by-laws
   * Chartering or registration of unions
2. Disputes Related to Union Membership: - NOTE: Complaint or Petition for these disputes REQUIRE 30% Signatories of Members
   * Acceptance/non-acceptance of union membership
   * Violations of member rights
   * Opposition to union or CBA registration
3. Inter-Union Conflicts:
   * Disputes between labor organizations
   * Violations of legitimate labor organization rights

Essentially, inter/intra-union disputes encompass conflicts within and between unions, covering issues from internal governance to external relations and member rights.

Would you like to focus on a specific category?

Question 2

What are the effects of pendency of inter/intra union dispute?

Who may file inter or intra union dispute?

Answer 2

1) Parties to remain STATUS QUO ANTE

2) Dispute is not Prejudicial Question for Certification Election. Hence not a ground for dismissal of CE petition

Any LLO or member may file the complaint or petition.

Question 3

Where to file the inter/intra union dispute?

Answer 3

File the complaint/information with the Regional office ( that issued the certificate of registration of the union)

Exc: if it involves Federation or National Unions – file with the Bureau of Labor Relations of DOLE

Question 4

Disaffiliation from Mother union

When
How

What happens to existing CBAs in case of disaffiliation? Answer: apply Substitutionary Doctrine, explain.

Answer 4

Disaffiliation to form a local union can be made ONLY during the 60 day Freedom period.

It must be effected by a MAJORITY of the members in the bargaining unit.

Substitutionary Doctrine:
When a new union is certified, it steps into the shoes of the previous union and inherits the existing CBA, including its terms and conditions, until the CBA expires.

Disaffiliation:
If a union disaffiliates from its federation or mother union, the new independent union or the new federation that the local union affiliates with can continue to represent the employees under the existing CBA.