- Policy: a. To promote & emphasize the primacy of free collective bargaining & negotiations, including voluntary arbitration, mediation & conciliation, as modes of settling labor or industrial disputes; b. To promote free trade unionism as an instrument for the enhancement of democracy & the promotion of social justice & development; c. To foster the free & voluntary organization of a strong & united labor movement; d. To promote the enlightenment of workers concerning their rights & obligations as union members & as employees; e. To provide an adequate administrative machinery for the expeditious settlement of labor or industrial disputes; f. To ensure a stable but dynamic & just industrial peace; g. To ensure the participation of workers in decision & policy-making processes affecting their rights, duties and welfare. B. To encourage a truly democratic method of regulating the relations between the employers and employees by means of agreements freely entered into through collective bargaining. - "Employee" includes any person in the employ of an employer. 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. "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 conditins of employment// Workers Assoc: mutual aid & protection of its members and other legit purpose except Coll Bar. - "Managerial employee" is one who is vested with the powers or prerogatives to lay down and execute management policies and/or to hire, transfer, suspend, lay-off, recall, discharge, assign or discipline employees. Supervisory employees are those who, in the interest of the employer, effectively recommend such managerial actions if the exercise of such authority is not merely routinary or clerical in nature but requires the use of independent judgment. All employees not falling within any of the above definitions are considered rank-and-file employees ART 3 (8) “the right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.” COVERAGE à LO: All persons employed in commercial, industrial and agricultural enterprises and in religious, charitable, medical, or educational institutions, whether operating for profit or not// WA: Ambulant, intermittent and itinerant workers, self- employed people, rural workers and those without any definite employers. - Not allowed: Managers, employees of govt branches, subdivisions, instumentalities & agencies, gocc w/ original charter, members -employees of cooperatives, AFP police firemen jail guards, confidential employees ( assists in a confidential capacity to persons who formulate, determine & effectuate mgt policies in the field of Labrel) - Freedom of Religion is superior to contract rights. - while govt employees not accorded the right to strike and the right to bargain collectively. Reason: the terms and conditions of employment are governed by law, only congress can modify. Alien: Valid working permit & nationals of a country which grants similar rights as certified by DFA Qualified: 1st day of work Test if manager stats – w/n the employee posses authority to act in the interest of his employer and whether such authority is not merely routinary or clerical in character bur requires the use of independent judgment. Affiliation of S union and R union in one federation will be disallowed onlyà When the rank-and-file employees are directly under the authority of supervisory employees 2. When the national federation is actively involved in union activities in the company a. NATIONAL or FEDERATION- is a mother labor organization with atleast 10 locals/chapters or affiliates. b. LOCAL UNION- operating at the enterprise level. c. CHARTERED LOCAL-labor organization without an independent registration whose legal personality is derived from its mother union or federation upon issuance of a certificate of creation of chartered local. d. AFFLIATE- independent registered union attached to a national union or federation. e. INDEPENDENT UNION- operating at the enterprise level that acquired legal personality through independent registration and is not affiliated with a national union or federation. f. INDUSTRIAL UNION- composed of workers in a particular industry. g. CRAFT UNION- composed of workers engaged in aparticular trade or occupation of a kind that requires skill and training. h. COMPANY- TYPE UNION- composed of employees in the same company. i. COMPANY UNION- the formation, function or administration of which has been assisted by any act defined as ULP. BLR àpolicy making, inter-union and intra- union conflicts, registration and cancellation of registration of labor organizations./ can issue subpoena “Compromise”: A contract whereby the parties by making reciprocal concessions, avoid a litigation or put an end to one already commenced, conclusive and binding even if it is not judicially approved. - NLRC or any court shall not assume jurisdiction except in case of non- compliance thereof or if there is prima facie evidence that the settlement was obtained through fraud, misrepresentation, or coercion. CBA - registration: within 30 days, submit: Cba;(b) Statement that the cba was posted in at least two (2) conspicuous places in the establishment for at least (5) days before its ratification; and (c) Statement that the cba was ratified by the majority of the employees in the bargaining unit./ denied? Refile if incomplete requirements. Appeal if other grounds (10 days Contract bar -- not entertain any petition for certification election or any other action which may disturb the administration of duly registered existing collective bargaining agreements// E: Those entered into with a LO not certified as the sole and exclusive collective bargaining representative but merely accorded voluntary recognition by the (b) not duly registered c. Those which are incomplete do not provide for economic benefits to employees.(d) Those hastily entered into prior to or during the sixty-day freedom period.(e) Those which can no longer foster industrial peace and stability because of the schism in the union. LABOR ORGANIZATION - REGISTER to acquire legal personality and enjoy the following rights & priv Reg Req: Application for registration à name of the applicant labor union, its principal address the name of its officers and their respective addresses; approximate number of employees in the bargaining unit where it seeks to operate, with a statement that it is not reported as a chartered local of any federation or national union; the minutes of the organizational meeting(s) and the list of employees who participated in the said meeting(s); the name of all its members comprising at least 20% of the employees in the bargaining unit; the annual financial reports if the applicant has been in existence for one or more years, unless it has not collected any amount from the members, in which case a statement to this effect shall be included in the application; the applicant’s constitution and by-laws, minutes of its adoption or ratification, and the list of the members who participated in it. The list of ratifying members shall be dispensed with where the constitution and by-laws was ratified or adopted during the organizational meeting. - Bir to act w/in 30 days: REQUIRED: certificate under oath by the Sec or Treasurer of the org. & attested by the pres/// appeal of denial 10 days. Grounds for denial -- Falsification or serious irregularities in the application for registration or its supporting documents; (b) Non-compliance with the requirements for registration, particularly the certification and attestation requirements; or (c) Failure to complete the registration requirements within thirty (30) days from notice Disaffiliation: GR: during freedom period; E: substantial shift of allegiance on the majority of the members of the union G. cancellation of Union registration: 1. Misrepresentation, false statements or fraud in connection with the adoption or ratification of the constitution and by-laws or amendments, the mins of ratification and the list of members who took part in the ratification. 2. Misrepresentation, false statements or fraud in connection with the

election of officers, mins of the election and the list of voters 3. Voluntary dissolution by the members Voluntary cancellation of registration – by the org itself 2/3 of its general membership votes in a meeting duly called for that purpose to dissolve the organization, provided that the application to cancel reg is submitted by the board, attested to by the president.// pet for cancellection only direct attack; appeal 10 days ++RIGHTS OF UNION MEMBERS Political right - the right to vote and be voted for, subject to lawful provisions on qualifications and disqualifications. Deliberative and Decision-Making Right - the right to participate in deliberations on major policy questions and decide them by secret ballot. Rights Over Money Matters - against imposition of excessive fees; right against unauthorized collection of contributions or unauthorized disbursements; to require adequate records of income and expenses; to access financial records; to vote on officers compensation; to vote on special assessment; to be deducted a special assessment only with the member’s written authorization. Right to Information - the right to be informed about: the organization’s constitution and by- laws, the collective bargaining agreement, and labor laws. - prohibition to admit : Subversives or those engaged in subversive activities - no levy of special assessment without written resolution, passed by majority in a general membership meeting, mins of the meeting including list of all members present, votes cast and the purpose of the special assessment should be recorded by the Sec of the LO, record attested by the pres. - qualifications of officers: employee, member in good standing in LO, not been convicted of a crime involving moral turpitude - election: secret ballot, interval of 5 years, only union members are qualified to vote; eligibility may be determined through the use of the applicable payroll period and the employees status during the appli pay period; no call for new election dole intervention needed send petition for the conduct of elec off offivcers @ least 30% members - expulsion of union officers: violation of the above rights and conditions of membership in an LO b. Commission of irregularities in the approval of the resolution regarding compensation of union officers. c. Membership in another labor organization. d. Culpable violation of the constitution and by-laws of the union. (BLR has the power to expel or remove union officer) TREASURER to render accounting- 30 days after the close of its fiscal year. b. At such other times as may be required by a written resolution of the majority of the members c. Upon vacating his office// request for examination: written consent 20% submit to blr or RO//Petitions for accounting/ audit of union finds arising from mishandling, misappropriation or non- accounting shall be resolved by the Med- Arbiter. supported by the written consent of at least 30% or by any member concerned prescription: 3 years form submission of annual F reports. RIGHTS OF LLOàto Act as Collective Bargaining Representative, to Request for Audited Financial Statements, to sue and be sued, tax exemption, to own property, to undertake all other activites designed for the benefit of the org, and its members. Legal capacity to sue cannot be raised `1st time on appeal. / actially, directly & exclusively ised for their lawful purpose shall be tax exempted ULP - Unfair labor practices violate the constitutional right of workers and employees to self-organization, are inimical to the legitimate interests of both labor and management, including their right to bargain collectively and otherwise deal with each other in an atmosphere of freedom and mutual respect, disrupt industrial peace and hinder the promotion of healthy and stable labor-management relations. Consequently, unfair labor practices are not only violations of the civil rights of both labor and management but are also criminal offenses/ jurisdiction: labor arbiter / criminal aspect of unfair labor practice cannot be prosecuted during the pendency of the administrative proceedings, final judgment in AP not binding in criminal and cannot be considered evidence of guilt/criminal liability: upon officer, agentse members who participated in ULP/ SUBSTANTIAL evid. ULP EMPLYER -to interfere with, restrain or coerce employees in the exercise of their right to self-organization; b. To require as a condition of employment that a person or an employee shall not join a labor organization or shall withdraw from one to which he belongs; c. To contract out services or functions being performed by union members when such will interfere with, restrain or coerce employees in the exercise of their rights to self-organization; d. To initiate, dominate, assist or otherwise interfere with the formation or administration of any labor organization, including the giving of financial or other support to it or its organizers or supporters; e. To discriminate in regard to wages, hours of work and other terms and conditions of employment in order to encourage or discourage membership in any labor organization. f. To dismiss, discharge or otherwise prejudice or discriminate against an employee for having given or being about to give testimony g. To violate the duty to bargain collectively. h. To pay negotiation or attorney’s fees to the union or its officers or agents as part of the settlement of any issue in collective bargaining or any other dispute; or i. To violate a collective bargaining agreement. TOTALITY OF CONDUCT DOCTRINE Ø The culpability of an employer’s remarks are to be evaluated not only on the basis of their implicit implications, but should be appraised against the background of and in conjunction with collateral circumstance - Complaint for ULP company union: prejudicial Question; DISESTABLISHMENT order requiring an employer to withdraw its recognition of a company-dominated union as the employees’ collective bargaining agent and notice to employees af such - duty to bargain collectively -mutual obligation to meet and convene promptly and expeditiously in good faith for the purpose of negotiating a cba, includes to not terminate or modify cba during its lifetime except: 60 days written notice to terminate, also parties must keep the status quo and continue in full force and effect the terms and conditions of the existing agreement during the 60-day period and/or until a new agreement is reached sample violations of DUTY – surface barg – no intent to reach agreement; Blue Sky – impossible proposals; take it or leave it. - union security agreements: CLOSED SHOP o The employer binds himself to hire only members of the contracting union who must continue to remain members in good standing to keep their jobs UNION SHOP allowed to hire non-members of the contracting union on condition that they should join the contracting union within a specified period of time and must continue to remain members in good standing to keep their jobs; MAINTENANCE OF MEMBERSHIP those who are members of the contracting union at the time of the execution of the collective bargaining agreement to maintain their membership in good standing during the lifetime of the cba as a condition of continued employment; AGENCY SHOP Does not require union membership but only support from the employees within the bargaining unit in the form of agency fees, as a condition of continued employment; PREFERENTIAL HIRING The members of the contracting union are given - limitations Close Shop cannot be enforced 1. Employees who are already members of another union at the time of the signing of the collective bargaining agreement 2. Employees whom the union refused admission to membership without any reasonable ground therefor 3. Employees who are members of religious sects which prohibit their members from joining a labor organization ULP – LO à To restrain or coerce employees in the exercise of their rights to self-organization. However, a labor organization shall have the right to prescribe its own rules with respect to the acquisition or retention of membership.(b) To cause or attempt to cause an employer to discriminate against an employee, (c) To violate the duty, or refuse to bargain collectively with the employer, (d) To cause or attempt to cause an employer to pay or deliver or agree to pay or deliver any money or other things of value, in the nature of an exaction, for services which are not performed,

including the demand for fee for union negotiations (f) To violate a CBA – MUST be gross in character, malicious refusal to comply witht eh economic provisions of the cba THE CBA - is a contract by and between an employer and the collective bargaining representative of the employees within an appropriate bargaining unit, concerning wages, hours of work, and all other terms and conditions of employment./ binding to ALL employees in CBunit whether union or not -process: The CB process technically starts when the employees within an appropriate bargaining unit organize themselves into a LO. After obtaining registration with the DOLE, LO either requests the employer for voluntary recognition or files a petition for certification election. After, the LO serves its written proposals to the employer, after which the employer submits its written counterproposals within 10 days from receipt of the proposals. (majority rep, empee recognition, demand to bargain) - Elements of duty to bargain 1. LLO, 2. Employees of employer, chosen by majority w.in bargaining unit HOLD over P - In the absence of a new CBA, the parties must maintain the status quo and must continue in full force and effect the terms and conditions of the existing agreement until a new agreement is reached. TERM – 5 years from date of effectivity; majority status of CBAgent cant be challenge except in freedom period; renegotiation not later than 3 Years; w/in 6 months from expiry retroact to day following expiry, after 6 months their discretion, deadlock & arbitration date of final decision. INJUNCTION: only issued - in case of actual or threatened commission of any prohibited or unlawful acts, or when necessary to require the performance of a particular act, which if not restrained or performed forthwith, may cause grave or irreparable damage to any party or render ineffectual any decision in favour of such party; (BY NLRC ordinary & prohibited acts) -In case of a labor dispute causing or likely to cause a strike or lockout in an industry indispensable to national interest. BY: SOLE Right of EEs to participate in Policy and Decision-Making extends only to matters that directly affect their rights, benefits and welfare – exercised through LABOR MGT COUNCIL CBU– refers to a group of EEs sharing substantial mutual interests within a given ER unit, comprised of all or less than all the entire body of EEs in the ER unit or any specific occupational or geographical grouping within such ER unit Globe D. the express will or desire of the ee’s may be considered in determining the appropriate cbu – sanctions elections Community of interest rule – the proper bu may be fixed on the basis of the affinity & unity of the ee’s interest Similarity of Employment Status R: parepareho sila contractual or probationary CBA agent: determined through voluntary recog, cert elec (through secret ballot, done through order of dole or agreement of parties—consent elec., run off elec (cert elec has at leasr 3 choice, no majority, total # of votes @ least 50%, no challenged ballots which can materially alter results.. elec the 2 unions receiving highest votes) Substitutionary D - EEs may change their CBAgent, but the CBA continues to bind them up to the expiration date. CERT ELEC. file petition @ dole by LLo or EE when it is requested by an LLo to bargain collectively; when? No reg cba anytime, w/ cba freedom period -labor unions w/ substantial interest—intervene file w. med arbiter BY STANDER Principle – employer maintain a hands of policy in a certification proceeding except! When its him who petitions or evokes valid defense à lack of ee relationship, lack legal personality, 25% written consent (before dismiss; after medA discretion), inappropriate bunit, contract bar, voluntary recognition bar, election bar, nego bar & deadlock bar VR BAR - Voluntary recognition duly entered in the roster of legitimate labor organization shall bar the filing of a petition for certification election for a period of 1 year Election year bar - No petition for certification election may be filed within one (1) year from the date of a valid Nego Bar - No representation question may be entertained if, within the one-year period from the date of entry of voluntary recognition, certification election, or run-off election, the duly recognized or certified union has commenced negotiations with the employer Dead Lock Bar - No representation question may be entertained if, before the filing of a petition for certification election, a bargaining deadlock to which an incumbent or certified bargaining agent is a party, had been submitted to conciliation or arbitration or had become the subject of a valid notice of strike or lockout Election protest – party in interest file 5 days after close of elec.; failure of elec – less than majority voted; Pet elec dismissed unorganized Est Appeal – SOLE 10 days; decide 15// granting not appealable except: lack ee rel, legal personality, improper composition bu.//// Organized E. Appeal sole 10 days effect stays holding of a CElec.