Labor Relations and Self-Organization

The right to join or not join a labor union is protected by law and can be exercised at any time. However, individual employees do not have an absolute right to union membership as the State can regulate this right.

All employees, regardless of their employment duration, are considered eligible for union membership from their first day of work. This right applies even to temporary workers.

Individuals who are not employees of a company cannot join a labor union. Having an employer-employee relationship is essential for recognizing a union and its ability to engage in collective bargaining and certification elections.

A valid union security clause, such as a closed-shop or union-shop arrangement, can restrict an employee's right to leave the union. Under these clauses, joining the union may be a condition of employment, and employees are not fully free to leave.

The right to self-organize and bargain collectively involves the freedom to choose whether to join a union, which union to join, and the ability to leave the union at any time. This right is fundamental to protecting employees' interests in the workplace.

While the right to union membership is granted by the Constitution, it is not absolute. The government can impose regulations on union membership, such as prohibiting individuals belonging to subversive organizations from joining unions.

A key factor in determining the legality of a union is the existence of an employee-employer relationship between its members and the employer. Without this relationship, the union's right to organize and bargain collectively cannot be recognized.

Any union or association of employees that exists, in whole or in part, for the purpose of collective bargaining or dealing with employers concerning terms and conditions of employment.

A labor organization duly registered with the DOLE, including any branch or local thereof.

A legitimate labor organization or its officer or agent, whether or not employed by the employer.

A labor organization whose formation, function, or administration has been influenced by employer actions considered unfair labor practices.

The primary goals of a labor organization are to engage in collective bargaining and to interact with the employer.

Independent registration allows a labor organization to directly register with the DOLE. Chartering a local chapter involves gaining authorization from an existing labor organization.

A labor organization can choose to register with the DOLE. Registration makes a labor organization legitimate and grants it legal personality to pursue certain rights.

Being registered with the DOLE is what makes a labor organization legitimate. Registration with the SEC only gives a labor organization the ability to represent itself in courts but does not grant specific labor rights.

Unregistered labor organizations are lawful but lack the legal right to demand collective bargaining with the employer.

The right of union members to participate in decisions about their union's finances, including voting on spending, requiring transparent financial records, and preventing unauthorized collection of contributions.

Ensures union members have access to crucial information, like the union's constitution, collective bargaining agreements, and relevant labor laws.

Union members have the right to participate in debates on important policy issues and express their opinions through secret ballots.

A union member can be removed from the union for a legitimate reason, following a fair process outlined in the union's rules.

The process of choosing officers, including the positions to be filled, the timing of the election, and the voting method, is determined by the union's rules or by agreement amongst members.

Only current union members are eligible to vote for union officers, reflecting the principle of member participation.

Union officers are elected every five years, ensuring a consistent rhythm of leadership change and member participation.

The incumbent president establishes an election committee 60 days before the term ends to oversee the election process.

If the incumbent officers fail to call for an election, at least 30% of the members can petition the Department of Labor and Employment (DOLE) to initiate the process.

The Labor Code allows unions to set their own rules for membership, but an employee is eligible to join immediately upon starting work.

A type of union security clause where all new employees must join the union within a specific timeframe to continue employment.

A union security clause requiring members to remain in the union for continued employment.

A union security clause where only union members can be hired for a job or department.

The policy of promoting unionism to level the playing field between workers and management.

A collective bargaining agreement (CBA) serves as a legal document between the company and the union, guiding employee relations.

Dismissal of an employee based on the union security clause is legal and requires specific proof from the employer.

The employer must demonstrate the existence and applicability of the union security clause in the CBA.

The union must request the enforcement of the union security provision in the CBA to initiate dismissal proceedings.

Dismissal of an employee due to violation of the union security clause is legal, assuming the employer fulfills the requirements.

The legal basis for dismissal based on the union security clause lies in the CBA, making it equally impactful as labor code provisions.

The date when a Collective Bargaining Agreement (CBA) starts taking effect. It's determined by whether it's the first CBA or a renegotiation. For the first CBA, the date is when the parties agree (not when they sign). For renegotiations, if it's within six months of the old CBA's expiry, it starts the day after. If beyond six months, the parties agree on a retroaction date.

A 60-day period before a CBA expires where the parties have certain rights. They can disaffiliate from a parent union, terminate or modify the agreement, or file a Petition for Certification Election (PCE).

A specific type of illegal activity that violates employee's right to form unions and follow their CBA. Not every unfair act is a ULP, it must specifically affect self-organization.

ULP is considered both a violation of civil rights AND a criminal offense against the State. This means it can be punished through both civil legal actions and criminal charges.

An act is considered ULP if it involves an employer-employee relationship AND is specifically described as ULP in the labor laws.