Labor Unions Flashcards
What is a Chartered Local?
A union created through chartering is called a local, a chapter, or chartered local in the employer enterprise where union officers and members are employees
What is Commingling?
Commingling of supervisors and rank and file in one union is not a ground to cancel a union registration. Said employees are AUTOMATICALLY deemed removed from the list of membership of said union.
What is Non-Disclosure of Identity?
In organized enterprise, the federation who files petition for certification election of a chapter cannot be required to identify the chapter’s officers and members. The PCE does not have to be filed by the local officers.
What is meant by Employer a Bystander?
In a Petition for Certification Election, the employer is a bystander and has no right to oppose the petition. His participation is limited to being INFORMED of the petition and to being required to submit the list of employees if a a Certification Election will be held.
Can a trade union center create a chapter?
No. Only a duly registered federation or unions may create chapters.
Define Collective Bargaining Unit.
It refers to a group of employees sharing mutual interest within a given employer unit, comprised of all or less than all of the entire body of employees in the employer unit or any specific occupational or geographical grouping of such employer unit.
What is a Bargaining Representative?
The union has to be registered and has to go through the process of registration by the DOLE or through election among employees whom the union will represent.
What is an Exclusive Bargaining Representative?
It is a legitimate labor union DULY RECOGNIZED or CERTIFIED as the sole and exclusive bargaining agent or representative to all the employees in a bargaining unit that will negotiate a collective contract with the employer.
May a non-recognized or non-certified union collectively bargain with the employer?
No. Not being a legitimate labor organization, it is not entitled to the rights granted under Art. 250.
Define Union.
It refers to a labor organization in the private sector organized for collective bargaining and for other legitimate purposes.
What is a Legitimate Labor Organization?
It refers to a labor organization in the private sector registered or reported with the Department in accordance with Rules III and IV of the Rules. We should note that not every union is legitimate; only those properly registered are considered LLO. But non-registration does not mean it is illegitimate; it simply is unregistered and has no legal personality. It exists legally but does not possess the rights of an LLO.
May government employees form unions?
Yes. The general rule is that all government employees can form, join or assist employee’s organizations of their own choosing for the furtherance and protection of their interest. (E.O. No. 180, Sec. 2). This rule applies to all employees of all branches, subdivisions, instrumentalities, and agencies of the Government including GOCC’s with original charters.
Discuss the eligibility of foreigners to form labor organizations.
Aliens, working in the country with valid permits issued by DOLE, may exercise the right to self-organization and join or assist labor organizations of their own choosing for purposes of collective bargaining provided; that said aliens are nationals of a country which grants the same or similar rights to Filipino workers. This embodies the Principle of Reciprocity.
May employees whose religious beliefs prohibits formation/joining of unions, still form the same?
Yes. The right of members of the INC sect not to join a labor union for being contrary to their religious beliefs does not bar members of that sect from forming their own union, for the recognition of the tenets of the sect should not infringe on the basic right to self-organization granted by the Constitution to workers regardless of religious affiliation. (Kapatiran vs. Ferrer-Calleja, G.R. No. 82914, June 20, 1988)
What are the Three Specified Grounds for Cancellation?
1) Falsehood about the Constitution and By-Laws;
2) Falsehood about the election of officers;
3) Voluntary dissolution;
What is the essential element for fraud and misrepresentation to constitute grounds for cancellation of union registration?
For fraud and misrepresentation to constitute grounds for cancellation of union registration under the Labor Code, the nature of the fraud and misrepresentation must be grave and compelling enough to vitiate the consent of a majority of union members.
What is the nature of a direct challenge to the legitimacy of labor organization based on fraud and misrepresentation in securing its certificate of registration?
A] direct challenge to the legitimacy of a labor organization based on fraud and misrepresentation in securing its certificate of registration is a serious allegation which deserves careful scrutiny. Allegations thereof should be compounded with supporting circumstances and evidence.
What is Cancellation by Action of the Members?
At least two-thirds of the membership may vote to dissolve their organization, but this action requires a subsequent “application to cancel” to be submitted by the board of the organization, attested by the president.
Can the Petition for Certification Election proceed despite petition to cancel union registration?
A petition to cancel union registration does not prevent the filing or hearing of a petition for Certification Election.
Is non-submission of reports a ground for cancellation?
Non-submission of these reportorial requirements is no longer a ground to cancel registration, but erring officer may be punished even by expulsion.
When is a request for Sole and Exclusive Bargaining Agent (SEBA)?
Request for SEBA Certification or simply Request is when the DOLE Regional Director is under mandate to extend such SEBA Certification upon showing by the requesting union in compliance with the legal requirements. Request is granted only to an unorganized establishment with only one legitimate union.
What is an Affiliate?
An affiliate is an independently registered union that enters into an agreement of affiliation with a federation or a national union. It also refers to a chartered local which applies for and is granted an independent registration but does not disaffiliate from its mother federation or national union.
Describe the relationship of local chapter and a labor federation or national union?
It is an agency. The local is the principal and the federation the agent. Affiliation by a duly registered union with a national union or federation does not make the local union lose its legal personality. Despite affiliation, the local union remains the basic unit free to serve the common interest of all its members. A local union does not owe its existence to the federation with which it is affiliated. It is separate and distinct voluntary association owing its creation to the will of its members. Mere affiliation does not divest the local union of its own personality, neither does it give the mother federation the license to act independently of the local union. It only gives rise to a contract of agency, where the former acts in representation of the latter.
Is the denial of the application or notice appealable?
Yes. The denial by the regional office may be appealed to the Bureau of Labor Relations and then to the Court of Appeals (CA). But if the denial originated at the Bureau itself, the appeal is to the Secretary of Labor and then, if appropriate, to the CA. The appeal should be filed within 10 days from receipt of the notice of denial on the ground of grave abuse of discretion or violation of the Rules. The Bureau or the Office of the Secretary shall decide the