union notes

8/2/2019 Union Notes

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Labor Relations Law

Right toSelf-organization


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Basic Conceptsworkers join together to solve the workersworkplace problems, to build better workplacesfor themselves, & to have a formal voice Unions are based on the following suppositions:

Companies are big & powerfulCompared to the powerful company, each worker is weakwhen alone

Power imbalance: If you dont like it, go ahead and quit Unions equalize the power imbalance: theres strength innumbers


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Union

refers to any labor organization in the private

sector organized for collective bargainingand for other legitimate purposes


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Collective bargaining

instead of each worker bargaining individuallywith the company, workers join together in aunion to bargain collectively with the company Bargain for better terms & conditions of employment

Better pay, better benefits, better hours, better workingconditions


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Collective Bargaining Agreement or CBA

refers to the contract between a legitimate

labor union and the employer concerningwages, hours of work, and all other termsand conditions of employment in abargaining unit.


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Bargaining Unit

Refers to a group of employees sharing

mutual interest within a given employer unitcomprised of all or less than all of the entirebody of employees in the employer unit orany specific occupational or geographic

grouping within such employer unit


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Union representation

Do workers want to be on their own, or do

they want to join together in a union, to seekbetter terms & conditions of employment? Workers get to decide for themselves if they want:

Either everyone for themselves in trying to get a betterdeal

Or everyone works together for a better deal


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The Basic StepsTo Organizing a Union


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Adopt An Issues Program

The committee develops a program of union

demands ( the improvements you areorganizing to achieve) and a strategy for theunion election campaign.


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Sign-Up Majority on Union Cards

Your co-workers are asked to join and

support the union program bysigning membership cards .The goal is to sign-up a sizable majority .This "card campaign" should proceed quicklyonce begun and is necessary to hold a unionelection.


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Win the Union Election

It will take the labor board at least several weeks todetermine who is eligible to vote and schedule theelection.If the union wins, the employer must recognizeand bargain with the union. Winning a union election not only requires a strong,diverse organizing committee and a solid issuesprogram, but there must also be a plan to fight theemployers anti -union campaign.


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Negotiate a Contract

The real goal of the campaign, a unioncontract (the document the union and theemployer negotiate and sign, coveringeverything from wages to how disputes willbe handled), is still to be achieved.Workers must be mobilized to support theunions contract demands (decided by youand your co-workers) and pressure theemployer to meet them.


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Right to Self-Organization

The right includes:

Forming, joining, or assisting labor

organizations for the purpose of collectivebargaining through representatives of theirown choosing.To engage in lawful concerted activities for

the purpose of collective bargaining or fortheir mutual aid and protection.


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2. Ambulant, intermittent and itinerant and rural

workers, the self-employed and those with nodefinite employers may form labororganizations.

PURPOSE: Mutual aid and protection.


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It shall be unlawful for any person to restrain,

coerce, discriminate against, or undulyinterfere with employees and workers in theirexercise of the right to self organization.


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LABORORGANIZATIONS


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1. Definition and Types

Labor Organization means any union orassociation of employees which exists in whole or inpart for the purpose of collective bargaining or ofdealing with employers concerning terms andconditions of employmentLegitimate Labor Organization means any labor

organization duly registered with the DOLE, andincludes any branch or local thereof


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Affiliate refers to an independent union affiliatedwith a federation or national union or a chartered

local which was subsequently granted independentregistration but did not disaffiliate from its federation,reported to the Regional Office and the Bureau inaccordance with Rule III, Sections 6 and 7 of theseRules.Chartered Local refers to a labor organization thatacquired legal personality through the issuance of acharter certificate by a duly registered federation ornational union, and reported to the Regional Office inaccordance with Rule III, Section 2-E of the Rules.


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Consolidation refers to the creation or

formation of a new union arising from theunification of two or more unionsIndependent Union refers to a labororganization operating at the enterprise level

that acquired legal personality throughindependent registration


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Legitimate Workers Association refers

to an association of workers organized formutual aid and protection of its members orfor any legitimate purpose other thancollective bargaining registered with the

DepartmentMerger refers to a process where a labororganization absorbs another


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National Union or Federation refers to a group oflegitimate labor unions in a private establishment

organized for collective bargaining or for dealing withemployers concerning terms and conditions ofemployment for their member unions or forparticipating in the formulation of social andemployment policies and standards and programs,registered with the BureauUnion refers to any labor organization in theprivate sector organized for collective bargaining andfor other legitimate purposes


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Workers Association refers to anassociation of workers organized for themutual aid and protection of its members forany legitimate purpose other than collectivebargaining.


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2. Registration of labor organizations

Art. 231. Registry of unions and file of collective bargaining agreements.

Art. 234. Requirements of registration.Art. 235. Action on application.Art. 236. Denial of registration; appeal.Art. 237. Additional requirements for federations or national unions.

Art. 238. Cancellation of registration; appeal.Art. 239. Grounds for cancellation of union registration.Art. 240. Equity of the incumbent .


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3. Cancellation of registration1. Misrepresentation, False Statement or Fraud in connection with:

a. adoption/ratification of the CBL or amendments thereto, minutes ofratification and the list of members who took part in the ratification

b. election of officers, minutes thereof, list of officers/voters c. in the preparation of the financial reports

2. Failure to Submit: a. CBL, minutes of its adoption/ratification, list of members who took part

within 30 days from adoption of ratification or amendments thereto b. Minutes of the elections of officers, list of officers/voters within 30 days

from election c. Annual financial report to the BLR within 30 days after the closing of

every fiscal year d. List of individual members to the BLR once ayear or whenever required

by the BLR


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Rights of Labor Organizations1. To act as the representative of its members for the purpose of

collective bargaining;2. To be certified as the exclusive representative for purposes of

collective bargaining;3. To be furnished by the employer, with its annual audited

financial statements, including the balance sheet and the profitand loss statement.

4. To own property, real or personal, for the use and benefit of thelabor organization and its members;

5. To sue and be sued in its registered name;6. To undertake all other activities designed to benefit the

organization and its members, including cooperative, housing,welfare and other projects not contrary to law.


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The income and properties received bylegitimate labor organization which areactually, directly and exclusively used fortheir lawful purposes shall be free fromtaxes, duties and other assessments.


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Right to Represent its MembersWhen a union files a case for and in behalf of itsmembers, a member of that union will not be

permitted to file in the same case a complaint-inintervention.Intervention will be allowed only if there issuggestion of fraud or collusion or that therepresentative will not act in good faith for theprotection of all interest represented by the union.Compromise agreement between the union and thecompany is binding upon the minority members ofthe union.


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Compromise of Money Claims

Money claims due to laborers cannot be theobject of settlement or compromise effectedby a union or counsel without the specificindividual consent of each laborerconcerned. The beneficiaries are the

individual complainants themselves. Theunion can only assist them but cannot decidefor them.


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When the Union has the Right to be

Furnished with Financial Statements

1. After the union has been recognized by theemployer as sole bargaining representativeof the employees in the bargaining unit.

2. After the union is certified by DOLE as suchsole bargaining representative.

3. Written request from the union4. Within the last 60 days of the life of a CBA5. During the collective bargaining negotiation


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1. Managerial & Supervisory Employees

Under Art. 245, managerial employees arenot eligible to join, assist or form any labororganization.Supervisory employees shall not be eligiblefor membership in a labor organization of the

rank-and-file employees but may join, assistor form separate labor organizations of theirown.


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Manager one who is vested with the power orprerogative to lay down an execute managementpolicies and/or to hire, transfer, suspend, lay-off,recall, discharge, assign or discipline employees Note that the management policies must pertain exclusively

to labor relations.

Supervisor one, who, in the interest of theemployer, effectively recommends managerialactions


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Power to recommend

Must be both 1. Effective, and 2. Requires the Use of Independent Judgment.


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2. Confidential Employees

Confidential employees are also prohibitedfrom forming, joining or assisting any labororganization.


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Confidential Employees a confidentialemployee is one who is entrusted withconfidence on delicate matters, or withcustody, handling, or care and protection ofthe employers property.


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Purpose of Disqualification of

Confidential Employees

Doctrine of Necessary Implication what isimplied in a statute is as much part thereof as thatwhich is expressed Under Art. 245, confidential employees are not prohibited

from joining, assisting, or forming any labor organization.But by virtue of necessary implication, confidentialemployees are similarly disqualified.

By the very nature of their functions, they assist and act in aconfidential capacity to, or have access to confidentialmatters of, persons who exercise managerial functions inthe field of labor relations. As such, the rationale behind theineligibility of managerial employees to form, assist or join alabor union equally applies to them.


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3. Security Guards

Under RA 6715, they may now join a labororganization of the rank and file or that of thesupervisory union, depending on their rank.


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4. Members of Cooperatives

5. Members of Iglesia ni Kristo


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Government Employees Not Allowed

To Unionize

1. Members of the Armed Forces

2. Police Officers/Policemen3. Firemen4. Jail Guards

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