Labor Law and Legislation: Right to Self-Organization PDF

CHAPTER 9: Right to Self-Organization LABOR LAW AND LEGISLATION  Right to Self-Organization The State prioritizes full protection for labor, reflected in laws and jurisprudences. Employers, especially powerful ones, often hold economic and political supremacy. The right to s...

CHAPTER 9: Right to Self-Organization LABOR LAW AND LEGISLATION  Right to Self-Organization The State prioritizes full protection for labor, reflected in laws and jurisprudences. Employers, especially powerful ones, often hold economic and political supremacy. The right to self-organization, as outlined in Article III of the Constitution, allows employees to form unions, associations, or societies for lawful purposes.  Employees can form labor organizations to bargain with management on their behalf, known as LABOR UNIONS. The existence of an employer-employee relationship is crucial for determining the right to self-organization for collective bargaining. Article 257 of the Labor Code prohibits restraint, coercion, discrimination, or interference in employees' exercise of self-organization.  Labor Organizations and Collective Bargaining Collective bargaining is a form of collective bargaining where employees negotiate with employers regarding employment terms and conditions. Labor organizations are manifestations of industrial democracy, involving voluntary negotiations between labor and capital. A Registered Labor Organization becomes a legitimate labor organization, recognized as the exclusive bargaining agent/representative of all employees in a particular bargaining unit.  The bargaining unit is a group of employees sharing mutual interests within a given employer unit. The bargaining unit, or CBU, is a group of employees, 89,750 it may be all the supervisors and rank-and- 75,600 file, but not all supervisor and rank-and-file can belong to the same bargaining unit. The CBU is different from and bigger than a union. Union members come from the CBU and there can be several rival unions within a CBU.  Membership to Labor Who may unionize?Organization ~ Ambulant, ~ intermittent and itinerant workers, ~ self-employed people, ~ rural workers and, ~ those without any definite employer They may also unionize for all legitimate purposes other than collective bargaining. RIGHTS OF A UNION MEMBER a. Political right - this speaks of the member's right to vote and be voted for as a union officer. b. Deliberative and decision - making right the right to participate in deliberations on major policy questions within the union. Subtitle c. Rights over money matters - this includes the right against excessive fees and unauthorized collection of contributions, and the right to access to the union's financial records. d. Right to information - this is as regards the organization's constitution and by-laws and the CBA.  Any violation of the above rights and conditions of membership shall be a ground for (1) cancellation of union registration le OR t it Su ub bt S (2) expulsion of (union) officer from office, whichever is it le appropriate. At least thirty percent (30%) of all it tl the members of union e Su bt b OR any member or members specially u concerned may it le S report such violation to the BLR. Obligations of a Union Member Like any organizations, labor unions need a stable financial platform in order to keep its engines running. Union members are therefore required to shell out reasonable monetary contribution to the union, which is otherwise known as union dues. The right to collect union dues is recognized by the Labor Code, under Article 277. DUES are defined as payments to meet the union's general and current obligations.  Non-union members who also benefit from the CBA negotiated by the union can also be deducted of an amount, equivalent to union dues. This amount is known as agency fee. To allow the deduction of this fee from non-union members, no written authorization is required. Excluded Employees There are kinds of employees who are not eligible to form or join any labor organization. They are the following: a. Employees of international organizations. b. Armed Forces of the Philippines, police officers and policemen, firemen and jail guards. - The disqualification of these individuals is derived from Executive Order No. 180. c. Managerial Employees Article 245 clearly states that managerial employees are not eligible to join, assist or form any labor organization. Article 212 then defines a managerial employee as one who is vested with powers or prerogatives to: - Lay down and execute management policies and/or to - Hire, transfer, suspend, lay off, recall, discharge, assign or discipline employees.  All those who fall under this definition shall not enjoy the right to self-organization guaranteed by the Constitution and the Labor Code. The reason behind this prohibition is conflict of interest, as managers are closely knitted with the management itself. If the employee's power is limited to mere recommendation of policies to the management, then he cannot be classified as a managerial employee. Instead, he falls under the category of supervisory employee.  Supervisory Employee are entitled to form and join unions, but only within their ranks. They are not allowed to join unions consisting of rank- and-file employees. An example of a supervisory employee are foremen. Foremen fall squarely under the category of supervisory employees, and cannot be part of rank- and-file unions. d. Confidential Employees They are those who are entrusted with confidence on delicate matters, or with the custody, handling, or care and protection of the employer's property. They are neither managerial nor supervisory employees. The Labor Code singles out managerial employees as ineligible to join, assist or form any labor organization, under the DOCTRINE OF NECESSARY IMPLICATION, confidential employees are similarly disqualified. e. Employees of Cooperatives who are at the same time its members. A cooperative is by its nature different from an ordinary business concern being run either by persons, partnerships, or corporations. An employee of such a cooperative who is a member and co- owner thereof cannot invoke the right to collective bargaining. Employees of a cooperative, who are at the same time its members, may withdraw from membership in order to join a labor union. F. Aliens without Valid Working Permit Under the Labor Code, foreigners are not allowed to engage directly or indirectly in any form of union activities. But if they are working in the country with valid working permits, then they may exercise the right of self-organization.  Registration of Labor Organization The Bureau of Labor Relations (BLR), a governmental agency under the supervision of DOLE. The Bureau shall keep a registry of legitimate labor organizations. The Bureau shall also maintain a file of all collective bargaining agreements and records of settlement of labor disputes.  The necessary requirements and documents for registration are the following: a. Registration fee; b. Names of its officers and their addresses, the principal address of the labor organization, the minutes of organizational meetings and the list of the workers; c. Four (4) copies of the constitution and by-laws of the applicant union, minutes of its adoption or ratification, and the list of the members who participated in it. d. The names of all its members comprising of at least 20% of al the employees in the bargaining unit where it seeks to operate. e. If the applicant has been in existence for one or more years, copies of its annual financial reports. Once the certificate of registration has been issued, the union or association becomes a legitimate labor organization.  The exerise of registration is required to both protect labor and the public against abuses, fraud or impostors probe pose as organizers. It is valid exercise of POLICE POWER since the activities in which labor organizations are engaged affect public interest, which the State should protect.  CHARTERING Another mode through which a labor organization may acquire legitimate status is by chartering. This is done by a national union or federation. A duly registered federation or national union may directly create a local chapter by issuing a CHARTER CERTIFICATE to any labor union or organization. The labor organization becomes the AFFILIATE of the federation, and acquires legal personality for purposes of filing a petition for certification election. Local Unions and Police Power Local Union is a separate and distinct voluntary association owing its creation to the will of its members. Police power is one of the inherent powers of the State, which is the power to enact laws to promote general welfare by retraining or restricting liberty or use of property. Police power constitutes an implied limitation on the Bill of Rights.  Certification as the Exclusive Bargaining Agent Article 242 of the Labor Code, one of the rights that a labor organization acquire upon registration is the right to be certified as the exclusive representative of all employees. The existence of labor organizations is based on the idea of mutual aid and protection to labor, through concerted actions. Who makes this certification? It is the bargaining unit that determines or certifies the legitimate labor organization. Take note, it is possible that in one company or enterprise, there are more than one labor unions or organizations. two modes of determining the exclusive bargaining representative, namely voluntary recognition and certification election. 1. Voluntary Recognition ~ This mode is only possible in a company or enterprise with only one legitimate labor organization. ~ The recognition must come from the bargaining unit itself. ~ Majority of the employees in the bargaining unit must show its support to the legitimate labor organization. 2. Certification Election ~ Where there are two or more legitimate labor organizations in a company. ~ if there is objection, the proper method of determining the exclusive bargaining representative is by certification election. ~ This is done through secret ballot. ~ The certification election is the most democratic forum for the articulation by the workers of their choice of the union. Who may file for the conduct of certification election? They are the following: a. Any legitimate labor organization b. A national union/federation which has already issued a charter certificate to its local chapter who shall participate in the certification election. c. A local chapter which has been issued with a charter certificate d. The employer, but only when requested to bargain collectively in a bargaining unit where no registered CBA exists. If, however, the company where a certification election is sought is an organized establishment then the following procedures must be complied with: a. A petition supported by at least 25% of the collective bargaining unit is filed before DOLE within the FREEDOM PERIOD. b. Other legitimate labor organizations interested in joining the certification election may file a motion for intervention before the DOLE. c.The incumbent bargaining agent is always a necessary party to the certification election. When to file a certification election? Certification Election may only be filed within the freedom period. The prohibition of filing a certification election anytime outside of this period is called the CONTRACT BAR. The Deadlock Bar Rule simply provides that a petition for certification election can only be entertained if there is no pending bargaining deadlock. If the petition is granted, the Bureau of Labor Relations shall conduct the certification election. How is the winner determined? The rule being observed in a certification election is the DOUBLE MAJORITY RULE. The 1st majority pertains to the eligible voters. The losing union/s does not lose its legitimate status. The winning labor organization only gain is the right to exclusively represent the bargaining unit for purpose of collectively bargaining with the employer. What is the role of the employer during certification election? Certification Election is the sole concern of the workers, except when the employer itself has to file the petition for collective bargaining. The Employer role in the certification process ceases and becomes merely a bystander. Employers should not have any participation or partisan interest in the choice of the bargaining representative.  Unfair Labor Practices Article 246 of the Labor Code prohibits and declares as unlawful for any person to:  retrain,  coerce,  discriminate against, or  unduly interfere with the employees and workers in their exercise of the right to self-organization. Two elements are necessary for an act to constitute as an unfair labor practice. They are as follows: a. There is an employer-employee relationship between the offender and the offended; b. The act done is expressly defined in the Labor Code (under Article 248) as an act of unfair labor practice. Article 248 enumerates the unfair labor practices recognized by law, and all of these are violations to an employee's right to self- organization and to the observance of the CBA, except (f): a. Interference. h. Paid Negotiation. b. Yellow Dog Condition. i. Violation of the CBA. c. Contracting out d. Company-Domination of Union e. Discrimination f. Discrimination because of Testimony. g. Violation of Duty to Bargain.