LABOR RELATIONS AND NEGOTIATIONS (PREFINAL)

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Refers to any conflict between and among union members.

INTRA-UNION DISPUTE

Refers to any conflict between and among legitimate labor organizations.

INTER-UNION DISPUTES

The Bureau of Labor Relations and the Labor Relations Divisions in the regional offices of the Department of Labor shall have original and exclusive authority to act, at their own initiative or upon request of either or both parties, on all inter-union and intra-union conflicts.

ART. 232. BUREAU OF LABOR RELATIONS

The Bureau shall have fifteen (15) working days to act on labor cases before it, subject to extension by agreement of the parties.

ART. 232. BUREAU OF LABOR RELATIONS Signup and view all the answers

EXAMPLES ARE CONTROVERSIES PERTAININF TO:

(1) Election of union officers; (2) Union funds; (3) Union membership; (4) Registration of unions; (5) Registration of collective bargaining agreement. (6) Chartering of unions; (7) Affiliation or disaffiliation of unions; (8) Constitution and by-laws of the union; (9) Rights of legitimate labor organizations, except interpretation of CBA; (10) Disciplinary action against any union officer o member; or (11) Interpleader. Signup and view all the answers

EFFECT OF INTER-UNION OR INTRA-UNION DISPUTES

<ol> <li>On the Rights and Obligations of the Parties</li> <li>On a Petition for Certification Election</li> </ol> Signup and view all the answers

WHO HAS ORIGINAL JURISDICTION OVER INTER-UNION OR INTRA-UNION DISPUTES

<ol> <li>DOLE Regional Office</li> <li>Bureau of Labor Relations</li> </ol> Signup and view all the answers

The rights, relationships, and obligations of the parties-litigants against each other prior to the filing of the action subsists until the dispute is decided with finality.

ON THE RIGHTS AND OBLIGATIONS OF THE PARTIES Signup and view all the answers

The pendency of an inter-union or intra-union dispute or other related labor relations dispute is not a prejudicial question to a petition for certification election. Therefore, it is not a ground for suspension or dismissal of the petition for certification election.

ON A PETITION FOR CERTIFICATION ELECTION Signup and view all the answers

If the dispute involves independent unions, local chapter, or workers' association.

DOLE REGIONAL OFFICE Signup and view all the answers

If the dispute involves trade union centers, federations, national unions, or workers' association operating in more than one (1) region.

BUREAU OF LABOR RELATIONS Signup and view all the answers

WHO HAS APPELLATE JURISDICTION OVER INTER-UNION OR INTRA-UNION DISPUTES?

<ol> <li>Bureau of Labor Relations</li> <li>Secretary of Labor and Employment</li> </ol> Signup and view all the answers

for cases decided by the DOLE Regional Director.

BUREAU OF LABOR RELATIONS Signup and view all the answers

for cases decided by the Bureau of Labor Relations in the exercise of its original jurisdiction.

SECRETARY OF LABOR AND EMPLOYMENT Signup and view all the answers

NOTE

Decisions of the Bureau of Labor Relations in the exercise of its appellate jurisdiction are not appealable to the Secretary of Labor and Employment. It can be challenged only through a special civil action for certiorari. Signup and view all the answers

The Bureau of Labor Relations (or the DOLE Regional Offices) has the power to expel a union officer from office.

EXPULSION OF UNION OFFICERS Signup and view all the answers

ART. 250 OF LABOR CODE (RIGHTS AND CONDITIONS OF MEMBERSHIP IN A LABOR ORGANIZATION)

The Bureau shall have the power to hear and decide any reported violation and mete out the appropriate penalty. Signup and view all the answers

Transferred the conciliation, mediation, and voluntary arbitration functions of the Bureau of Labor Relations to the National Conciliation and Mediation Board.

EXECUTIVE ORDER NO. 126 (THE NATIONAL CONCILIATION AND MEDIATION BOARD (NCMB)) Signup and view all the answers

Any compromise settlement including those involving labor standard laws voluntarily agreed upon by the parties with the assistance, of the Bureau or the regional office of the Department of Labor, shall be final and binding upon the parties.

ART. 233. COMPROMISE AGREEMENTS Signup and view all the answers

This is a contract whereby the parties by making reciprocal concessions, avoid litigation or put an end to one already commenced.

COMPROMISE Signup and view all the answers

COMPROMISE ENCOURAGED BY LAW

-The policy of the State is to promote the settlement of differences between labor and management by mutual agreement. -Article 233 of the Labor Code recognizes compromise as a mode of settling labor disputes. -Limitations on the Right to Enter into a Compromise -The right to enter into a compromise is subject to the limitations imposed by Article 6 of the Civil Code. Signup and view all the answers

The right to enter into a compromise is subject to the limitations imposed by Article 6 of the Civil Code

LIMITATIONS ON THE RIGHT TO ENTER INTO A COMPROMISE Signup and view all the answers

NATURE OF COMPROMISE

In a compromise, a party gives up some of the rights that he has in consideration of the same act on the part of the other side." Thus, if the employer amicably settles the employee's claim, there is a reciprocal obligation on the part of the employee to withdraw his complaint and discharge the employer from liability. Signup and view all the answers

A compromise settlement voluntarily entered into between the parties is binding.

CONCLUSIVENESS OF COMPROMISE Signup and view all the answers

It is governed by the basic principle that obligations arising from contracts have the force and effect of law between the parties.

COMPROMISE Signup and view all the answers

a compromise cannot later be disowned or set aside merely because a party has changed his mind.

TRUE Signup and view all the answers

It is a document whereby a person relinquishes to another a claim to a right or property.

QUITCLAIM Signup and view all the answers

It is a valid and binding compromise agreement. Once an employee executes this, he is thereby estopped from filing any further claim against his employer, arising from his employment.

QUITCLAIM Signup and view all the answers

Which must be exercised personally by the employees themselves. Where the compromise agreement was signed by only three (3) out of five (5) employees, the non-signatories are not bound by that amicable settlement.

WAIVER OF CLAIMS - A PERSONAL RIGHT Signup and view all the answers

A Lawyer cannot enter into a compromise agreement with the opposing party without a special power of attorney from the client « Without such special power of attorney, the compromise entered into by the lawyer will not bind the party concerned.

COMPROMISE THROUGH LAWYER Signup and view all the answers

The union cannot enter into a compromise without the specific individual consent of each employee concerned. The union can only assist them but cannot decide for them.

COMPROMISE THROUGH THE UNION Signup and view all the answers

The law does not limit compromises to cases about to be filed or to cases already pending in court. The parties can still enter into a compromise even if a final judgment has already been rendered or even if the case is already in the process of execution. This is impliedly authorized by Article 2040 of the Civil Code.

COMPROMISE ON A FINAL JUDGMENT Signup and view all the answers

(which is commonly known as labor union) is an association of employees created for collective bargaining or dealing with employers concerning terms and conditions of employment.

LABOR ORGANIZATION Signup and view all the answers

It is a labor organization operating at the enterprise level.

LOCAL UNION Signup and view all the answers

It is a labor organization with at least ten (10) local chapters or affiliates, each of which must be a collective bargaining agent.

NATIONAL UNION OR FEDERATION Signup and view all the answers

It is a labor organization operating at the enterprise level that acquired legal personality through independent registration and is not affiliated with a national union or federation.

INDEPENDENT UNION Signup and view all the answers

It is a labor organization without an independent registration whose legal personality is derived from its mother union or federation.

LOCAL CHAPTER OR CHARTERED LOCAL Signup and view all the answers

It is an independent union attached to a national union or federation.

AFFILIATE Signup and view all the answers

It is a labor organization composed of workers in a particular industry.

INDUSTRIAL UNION Signup and view all the answers

It is a labor organization composed of workers engaged in a particular trade or occupation of a kind that requires skill and training.

CRAFT UNION Signup and view all the answers

It is a labor organization composed of employees in the same company.

COMPANY-TYPE UNION Signup and view all the answers

It is a labor organization, the formation of which has been assisted by any act defined as unfair labor practice.

COMPANY UNION Signup and view all the answers

It is a group of registered national unions or federations organized for giving mutual aid and protection of its members, assisting its members in collective bargaining or in formulating social and employment policies, standards, and programs.

TRADE UNION CENTER Signup and view all the answers

KINDS OF LABOR ORGANIZATIONS

<ol> <li>Local Union</li> <li>National Union or Federation</li> <li>Independent Union</li> <li>Local Chapter or Chartered Local</li> <li>Affiliate</li> <li>Industrial Union</li> <li>Craft Union</li> <li>Company-Type Union</li> <li>Company Union</li> <li>Trade Union Center</li> </ol> Signup and view all the answers

PURPOSE OF REGISTRATION

Registration protects labor and public from fraud, impostors, and fly-by-night unions, preventing employees from joining unapproved organizations that control funds or use labor for illegitimate purposes. Signup and view all the answers

LABOR ORGANIZATIONS MUST BE REGISTERED

Labor organizations must be registered with the DOLE so that it can acquire legal personality and thus be entitled to exercise the rights accorded to legitimate labor organizations. Signup and view all the answers

CONSTITUTIONALITY OF THE REGISTRATION REQUIREMENT

The law requiring labor organization registration is constitutional and does not limit the right of assembly or association. It is a valid exercise of police power, as labor organizations' activities directly impact the public interest. Signup and view all the answers

If all the legal requirements for registration are complied with, this becomes a ministerial duty.

APPROVAL OF REGISTRATION Signup and view all the answers

It does not affect the legal personality of a labor organization, as its rights and obligations remain under the new name.

CHANGE OF NAME OF A LABOR ORGANIZATION Signup and view all the answers

The notice of change of name should be accompanied by the following documents:

(1) Amended constitution and by-laws; and (2) Proof that the change of name was ratified. Signup and view all the answers

(or chartered local) is a labor organization without an independent registration whose legal personality is derived from its mother union or federation.

LOCAL CHAPTER Signup and view all the answers

WHO CAN CREATE A LOCAL CHAPTER

Only federations or national unions can create local chapters. A trade union center cannot create a local chapter because Article 241 of the Labor Code speaks only of federations and national unions. Signup and view all the answers

A local chapter becomes a legitimate labor organization only when the following documents have been submitted to the Bureau of Labor Relations:

(a) Charter certificate; (b) Names and addresses of the officers of the local chapter; (c) Principal office of the chapter; and (d) Constitution and by-laws of the local chapter. Signup and view all the answers

The Bureau shall act on .all applications for registration within thirty (30) days from filing

ART. 242. ACTION ON THE APPLICATION Signup and view all the answers

SIGNIFICANCE OF THE 30-DAY PERIOD

The purpose of this is to ensure that any action taken is made in consonance with the mandate of the Labor Code, which specifically requires that the certificate of registration should be issued only when the requirements for registration are complied with. Signup and view all the answers

It is a labor organization composed of at least ten (10) affiliates or local chapters, each of which must be a duly certified bargaining agent in the establishment where they operate.

FEDERATION OR NATIONAL UNION Signup and view all the answers

For a quitclaim to be valid, the following requisites must be present.

(1) There was no fraud or deceit on the part of the parties; (2) The consideration for the quitclaim is credible and reasonable; and (3) It is not contrary to law, public order, public policy, morals, good customs, or prejudicial to a third person with a right recognized by law. Signup and view all the answers

the aggrieved party can rescind the compromise and pursue his original claim or file a motion to enforce the compromise.

REMEDIES IF THE COMPROMISE AGREEMENT IS VIOLATED Signup and view all the answers

the aggrieved party can file a motion for execution, or file an action to annul the compromise judgment on the ground of mistake, fraud, violence, intimidation, undue influence, or falsity in the execution of the compromise embodied in the judgment.

REMEDIES IF A JUDGEMENT BASED ON COMPROMISE IS VIOLATED Signup and view all the answers

Arbitration Article 234 of the Labor Code mandates that all labor cases should undergo conciliation or mediation prior to the filing of a formal complaint. Labor Arbiters or the appropriate agencies of the Department of Labor and Employment cannot entertain cases that have not undergone the mandatory conciliation or mediation.

CONCILIATION/MEDITATION-A PREREQUISITE TO COMPULSORY Signup and view all the answers

Arbitration The mandatory conciliation or mediation as mandated by Article 234 of the Labor Code is not a prerequisite to voluntary arbitration. This could be gleaned from the opening phrase of the law which states "(e)xcept as provided in Title VIIA, Book V of this Code. " The reason for this is because cases cognizable by voluntary arbitration will initially be threshed out at the grievance machinery to explore the possibility of amicable settlement.

CONCILIATION/MEDITATION-NOT A PREREQUISITE TO VOLUNTARY Signup and view all the answers

Any information and statement made during the conciliation proceedings cannot be used as evidence in the arbitration proceedings. Such information shall be treated as privileged communication.

PRIVILEGED COMMUNICATION Signup and view all the answers

The Bureau shall have the power to require the appearance of any person or the production of any paper, document, or matte Persevant to a labor dispute under its jurisdiction either at the request of any interested party or at its own initiative.

ART. 235. ISSUANCE OF SUBPOENAS Signup and view all the answers

The power to issue subpoena extends only to matters relevant to the labor dispute under its jurisdiction.

LIMITS OF THE POWER Signup and view all the answers

The Secretary of Labor and Employment may appoint, in addition to the present personnel of the Bureau and the Industrial Relations Divisions, such number of examiners and other assistants as may be necessary to carry out the purpose of this Code.

ART. 236 APPOINTMENT IF BUREAU PERSONNEL Signup and view all the answers

The Bureau shall keep a registry of legitimate labor organizations. ·The Bureau shall also maintain a file of all collective bargaining agreements and other related agreements and records of settlement of labor disputes and copies of orders, and decisions of voluntary arbitrators.

ART.237 REGISTRY OF UNIONS AND FILE OF COLLECTIVE BARGAINING AGREEMENTS Signup and view all the answers

The parties should register their Collective Bargaining Agreement (CBA) within thirty (30) days from the execution, with the DOLE Regional Office where the union was registered or where the union principally operates.

REGISTRATION OF COLLECTIVE BARGAINING AGREEMENTS Signup and view all the answers

The Bureau shall not entertain any other petition for certification election or any other action which may disturb the administration of duly registered existing collective bargaining agreements affecting the parties except under Articles 253 (now Article 264), 253-A (now Article 265), and 256 (now Article 268) of this Code.

ART. 238 PROHIBITION ON CERTIFICATION ELECTION Signup and view all the answers

No petition questioning the majority status of the incumbent bargaining agent shall be entertained and no certification election shall be conducted by the Department of Labor and Employment outside of the sixty-day period immediately before the expiry of such five-year term of the Collective Bargaining Agreement.

ART. 265 TERMS OF A COLLECTIVE BARGAINING AGREEMENT Signup and view all the answers

Registration Not Essential for Validity of CBA

• An unregistered BA is still valid. • The only effect of an unregistered CBA is that it will not bar any union from filing a petition for certification election to challenge the majority representation of the incumbent bargaining agent Signup and view all the answers

To register a CBA, two (2) principal conditions that must be complied with

(a) posting, and (b) ratification. Signup and view all the answers

POSTING OF THE CBA

·The signed CBA must be posted in at least two (2) conspicuous places in the establishment five (5) days prior to its ratification. This is mandatory. ·The purpose of posting is to inform the employees of the contents of the BA so that they could intelligently decide on whether to accept (ratify) the same or not. Signup and view all the answers

RATIFICATION OF THE CBA

·After the five-day posting period, the CBA should be presented to the employees covered by the bargaining unit for ratification. Signup and view all the answers

REGISTRATION REQUIREMENTS

(1) Original and two (2) copies of the CBA; (2) Joint Affidavit by the Union and employer attesting that: (a) The CA was posted in at least two (2) conspicuous places in the establishment for at least five (5) days before its ratification; (b) The CBA was ratified by the majority of the employees in the bargaining unit. Signup and view all the answers

Remedy If Registration Is Denied

·If the application was denied due to incomplete registration requirements, the remedy is to re-file the application for registration with complete supporting documents, If the application for registration was denied on other grounds, receipt to the: the remedy is to appeal the order of denial within ton (10) days. Signup and view all the answers

ART. 238 PROHIBITION ON CERTIFICATION ELECTION

·The Bureau shall not entertain any other petition for certification election or any other action which may disturb the administration of duly registered existing collective bargaining agreements affecting the parties except under Articles 258 (now Article 264), 253-A (now Article 265), and 256 (now Article 268) of this Code. Signup and view all the answers

THE CONTRACT-BAR PRINCIPLE

·If there is a duly registered BA, no petition for certification election shall be entertained, except during the sixty (60)-day period immediately before the expiry of the five (5)-year term of the CBA. Signup and view all the answers

if all the requisites for registration have been complied with.

Meaning of Duly Registered CBA Signup and view all the answers

This is intended to facilitate the settlement of labor disputes by encouraging the parties to make full disclosure of facts and circumstances without fear.

The Philosophy Behind the Law Signup and view all the answers

Two (2) or more unions are unified and a new organization is created, hence, the legal existence of all the consolidating labor organizations ceases.

CONSOLIDATION Signup and view all the answers

WHO MAY FILE A PETITION FOR CANCELLATION OF REGISTRATION

Any party-in-interest can file a petition for cancellation of registration of a labor organization. If the ground for cancellation is based on violation of the rights and conditions of union membership, the petition for cancellation can be filed by the affected member or by 30% of all members of a union. ART. 25 Signup and view all the answers

WHERE TO FILE PETITION FOR CANCELLATION OF REGISTRATION

The petition for registration cancellation should be filed with the DOLE Regional Office for independent unions or local chapters, or the Bureau of Labor Relations for federations, national unions, or trade union centers. Signup and view all the answers

NATURE OF RELATIONSHIP BETWEEN FEDERATION AND LOCAL UNION

The principal-agent relationship between a federation and a local union or affiliate exists, with the local union acting as the principal in collective bargaining, and the mother federation as an agent. Signup and view all the answers

WHEN A FEDERATION BECOMES A LEGITIMATE LABOR ORGANIZATION

Federations or national unions become legitimate labor organizations upon issuance of the certificate of registration. Signup and view all the answers

EFFECT OF CANCELLATION PROCEEDINGS

A labor organization's legitimacy and legal personality remain intact even after registration cancellation, with only a final order removing rights. During cancellation proceedings, organizations can still file certification elections. Signup and view all the answers