Labor Relations PDF

V. LABOR RELATIONS **Labor Relations** Refers to the interactions between employer and employees or their representatives and the mechanism by which the standards and other terms and conditions of employment are negotiated, adjusted, and enforced. Constitutional provisions in relation to Labor Re...

V. LABOR RELATIONS **Labor Relations** Refers to the interactions between employer and employees or their representatives and the mechanism by which the standards and other terms and conditions of employment are negotiated, adjusted, and enforced. Constitutional provisions in relation to Labor Relations Sec. 3, Art. XIII guarantees to all workers, among others, their right to: 1. Self-organization; 2. Peaceful concerted activities including the right to strike in accordance with law; and 3. Participate in policy-decision making processes affecting their rights and benefits as may be provided by law. **RIGHT TO SELF-ORGANIZATION** Right to Self-Organization Refers to the right of workers and employees to form, join, or assist unions, organizations, or associations for purposes of collective bargaining and/or for mutual aid and protection, including the right to engage in peaceful concerted activities and participate in policy-decision-making processes affecting their rights and benefits. It includes at least two (2) rights: 1. The right to form, join, or assist labor organizations; and 2. The right to engage in lawful concerted activities. (Art. 257, LC) Purpose of Exercise of Right to Self-Organization 1. Collective bargaining; and 2. Mutual aid and protection. (Art. 257, LC) A collective bargaining agreement (CBA), also known as a union contract, is a written legal contract between an employer and a union representing employees. This agreement results from an extensive negotiation process covering essential topics such as wages, work hours and employment conditions. **Why do workers organize?** For self-advancement and the desire for: (a) job security; (b) substituting "rule of law" for the arbitrary power by the boss; and (c) sense of participation in the business enterprise. (Azucena, 2016) 1. WHO MAY JOIN, FORM, OR ASSIST LABOR ORGANIZATIONS OR WORKERS' ASSOCIATIONS a. Who may unionize for purposes of collective bargaining? All persons employed in commercial, industrial, and agricultural enterprises and in religious, charitable, medical, or educational institutions whether operating for profit or not, shall have the right to self-organization and to form, join, or assist labor organizations of their own choosing for purposes of collective bargaining. (Art. 253, LC) b. Who may form a labor organization for purposes of mutual aid and protection? 1. All persons employed in commercial, industrial and agricultural enterprises and in religious, charitable, medical, or educational institutions, whether operating for profit or not; 2. Ambulant, intermittent, and itinerant workers self-employed people, rural workers and those without any definite employers may form labor organizations for their mutual aid and protection. (Art. 253, LC 3. Aliens working in the country with valid permits issued by the DOLE may exercise the right to self-organization and join or assist labor organizations of their own choosing for purposes of collective bargaining: Provided, that said aliens are nationals of a country that grants the same or similar rights to Filipino workers. (Principle of Reciprocity 4. Employees of government corporations established under the Corporation Code shall have the right to organize and to bargain collectively with their respective employers. All other employees in the civil service shall have the right to form associations for purposes not contrary to law. When can an employee join a labor organization? Any employee, whether employed for a definite period or not, shall, beginning on his first day of service, be considered an employee for purposes of membership in any labor union. EMPLOYEES RESTRICTED TO FORM, JOIN, OR ASSIST LABOR ORGANIZATIONS a. Managerial employees; b. Supervisory employees; c. Confidential employees (in the field of labor relations); d. Employee-members of a cooperative e. Government employees; f. Employees of international organizations; g. Foreign workers; and h. Religious objectors. **Managerial employees** A managerial employee is 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. (Art. 219(m), LC) Managerial employees are not eligible to join, assist or form any labor organization. (Art. 255, LC) The rationale for the inhibition is that if managerial employees would belong to or be affiliated with a union, the latter might not be assured of their loyalty to the union in view of evident conflict of interests. The union can become company- dominated with the presence of managerial employees in the union membership. (Bulleting Publishing Co., Inc. v. Hon. Sanchez, G.R. No. 74425, 07 Oct. 1986) Managerial employees cannot be allowed to share in the concessions obtained by the labor union through collective negotiation. Otherwise, they would be exposed to the temptation of colluding with the union during the negotiations to the detriment of the employer. (Azucena, 2016) **Supervisory 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. (Art. 219(m), LC) Supervisory employees are allowed to organize, but they cannot form, join, or assist a rank-and-file union. (Azucena, 2016) **Confidential employees (in the field of labor relations)** A confidential employee is one who assists and acts in a confidential capacity to, or has access to confidential matters of, persons who exercise managerial functions in the field of labor relations. (Philips Industrial Development v. NLRC, G.R. No. 88957, 25 June 1992) NOTE: The phrase "in the field of labor relations" is important because it stresses the labor nexus, that is, the confidentiality of the position should relate to labor relations matters. **Employee-Members of a Cooperative** An employee of a cooperative who is also a member and co-owner thereof cannot invoke the right to collective bargaining, for an owner cannot bargain with himself or his co-owners. **Government Employees** Employees of government corporations established under the Corporation Code shall have the right to organize and to bargain collectively with their respective employers. All other employees in the civil service shall have the right to form associations for purposes not contrary to law. Government employees have the right to self- Organization. The highest law of the land guarantees to government employees the right to organize and to negotiate, but not the right to strike. Government employees' right to organize is for a limited purpose The right of government employees to "form, join, or assist employees' organizations of their own choosing" under E. O. No. 180 is not regarded as existing or available "for purposes of collective bargaining," but simply "for the furtherance and protection of their interests. Members of AFP, police officers, policemen, firemen, and jail guards E.O. No. 180 excludes members of AFP, police officers, policemen, firemen, and jail guards from unionizing for reasons of security and safety. **High-level Government employees** A high-level employee is one whose functions are normally considered policy determining, managerial or one whose duties are highly confidential in nature. They cannot join the organization of rank-and-file government employees. (E.O. No. 180) NOTE: In the public sector, there are only two levels of position: high level and rank-and-file. **Employees of International Organizations** International organizations are immune from Philippine jurisdiction. (i.e., ICMC, IRRI, ADB) Thus, a certification election cannot be conducted in an international organization which has been granted immunity from local jurisdiction. (ICMC v. Hon. Pura Calleja, G.R. No. 89331, 28 Sept. 1990) EXCEPTION: However, the international organization has the discretion to waive its immunity. Without such express waiver, the NLRC or its labor arbiters have no jurisdiction over international organizations, even in cases of alleged illegal dismissal of any of its employees. (Callado **Foreign Workers** Foreigners are prohibited from engaging in all forms of trade union activities. However, an alien working in the country with a valid working permit may exercise the right to self-organization if they are nationals of a country which grants the same or similar right to Filipino workers. **Religious objectors;** Members of religious sects cannot be compelled or coerced to join labor unions even when said unions have closed-shop agreements with the employers. Free exercise of religious belief is superior to contract rights. In case of conflict, the latter must yield to the former. 2. **DETERMINATION OF APPROPRIATE BARGAINING UNIT (ABU) & EFFECT OF INCLUSION OF EMPLOYEES OUTSIDE OF THE ABU** **Bargaining Unit\"** refers to a group of employees sharing mutual interests within a given employer unit comprised of all or less than all of the entire body of employees in the employer unit or any specific occupational or geographical grouping within such employer unit. **Exclusive Bargaining Representative**\" means any legitimate labor organization duly recognized or certified as the sole and exclusive bargaining agent of all the employees in a bargaining unit. **Tests to determine the appropriate bargaining unit** 1. **Community or mutuality of interest** - Under this doctrine, the employees sought to be represented by the collective bargaining agent must have community or mutuality of interest in terms of employment and working conditions as evidenced by the type of work they perform. This is characterized by similarity of employment status, same duties, and responsibilities and substantially similar compensation and working conditions. 2. **Will of the employees** - This principle is based on the desires of the employees. In defining the appropriate bargaining unit, the determining factor is the desire of the workers themselves. While the desires of employees with respect to their inclusion in bargaining unit is not controlling, it is a factor which would be taken into consideration in reaching a decision. 3. **Collective bargaining history** - This principle puts premium to the prior collective bargaining history and affinity of the employees in determining the appropriate bargaining unit. However, the existence of a prior collective bargaining history has been held as neither decisive nor conclusive in determination of what constitutes an appropriate bargaining. 4. **Similarity of employment status** - The determination of the appropriate bargaining unit based on the employment status of the employees is considered as an acceptable mode. **NON-INTERFERENCE WITH WORKERS' RIGHT TO SELF-ORGANIZATION** It shall be unlawful for any person to restrain, coerce, discriminate against, or unduly interfere with employees and workers in their exercise of the right to self-organization. Such right shall include the right to form, join, or assist labor organizations for the purpose of collective bargaining through representatives of their own choosing and to engage in lawful concerted activities for the same purpose or for their mutual aid and protection, subject to the provisions of Art. 264 of the Labor Code. An employee cannot invoke an absolute right to union membership. The right to self-organization and collective bargaining comprehends at least two broad notions, namely: It is, therefore, the employee who should decide for himself whether or not he should join an association; and should he choose to join, he himself makes up his mind as to which association he would join; and even after he has joined, he still retains the liberty and the power to leave and cancel his membership with said organization at any time. **Right to Union Membership** 1. Right to Union Membership is not absolute An employee cannot invoke an absolute right to union membership. Though granted by the Constitution, it is subject to regulation by the State. An example of this is it has been mandated by law that no labor organization shall knowingly admit as member or continue in membership, any individual who belongs to a subversive organization or who is engaged directly or indirectly in any subversive activity. 2. Freedom of Choice An employee has the right to join or not join a labor union. As such, a member of a labor union may leave and cancel his membership at any time. However, this is not the case where there is a valid union security clause in the CBA such as a closed-shop or union-shop arrangement between 3. Right to join a union acquired from first day of employment Any employee, whether employed for a definite period or not shall, beginning on his first day of service, be considered an employee for purposes of membership in any labor union 4. Union members who are not employees do not possess the right to join union If the union members are not employees, no right to organize for purposes of collective bargaining, nor to be certified as bargaining agent can be recognized. The question of whether employer-employee relationship exists is a primordial consideration before extending labor benefits under the workmen's compensation, social security, PhilHealth, termination pay, and labor relations law. Failure to establish this juridical relationship between the union members and the employer affects the legality of the union itself. It means the ineligibility of the union members to present a petition for certification election as well as to vote therein. **START FROM HERE** **B. LEGITIMATE LABOR ORGANIZATIONS** Definition of Terms **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 conditions of employment. It is created for mutual aid, interest, cooperation, protection, or other lawful purposes. (Sec. 1, Rule I, Book V, IRR as amended by D.O. No. 40-04) **Legitimate labor organization** means any labor organization duly registered with the DOLE, and includes any branch or local thereof. (Art. 219 (h),LC) **Bargaining representative** means a legitimate labor organization or any officer or agent of such organization, whether or not employed by the employer. **Company Union** refers to any labor organization whose formation, function or administration has been assisted by any act defined as unfair labor practice by the Labor Code. **Two (2) Basic Purposes of a Labor Organization** 1\. For collective bargaining; and 2\. For dealing with the employer. **Two (2) Modes of Creating a Labor Organization** 1. Independent registration (Art. 240, LC) 2. Chartering of local chapter/chartered local (Art. 241, LC) 1. **REGISTRATION WITH THE DOLE** A labor organization may be registered or not. If registered, it is considered a "legitimate labor organization" (LLO). However, a labor organization is not "illegitimate" just because it is unregistered. It is still a lawful organization but it has no legal personality to demand collective bargaining with the employer. NOTE: Registration with the DOLE makes a labor organization legitimate in the sense that it is clothed with legal personality to claim the representational and bargaining rights enumerated in Art. 251 and Art. 267 or to strike and picket under Art. 278. (Azucena, 2013) It is the fact of being registered with DOLE that makes a labor organization legitimate. Registration under the corporation law before the Securities and Exchange Commission (SEC) only has the effect of giving it juridical personality to represent itself in regular courts but it does not grant the rights and privileges of a legitimate labor organization. **Requirements for Registration** Any applicant labor organization, association, or group of unions or workers shall acquire legal personality and shall be entitled to the rights and privileges granted by law to legitimate labor organizations upon issuance of the certificate of registration based on the following requirements: 1. registration fee 2. The names of its officers, their addresses, the principal address of the labor organization, the minutes of the organizational meetings, and the list of the workers who participated in such meetings; 3. The names of all its members comprising at least 20% of all the employees in the bargaining unit where it seeks to operate; 4. If the applicant union has been in existence for one or more years, copies of its annual financial reports; and 5. 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. **Where to Register** 1. Independent labor unions, chartered locals, and workers' associations -- it shall be filed with and acted upon by the Regional Office where the applicant principally operates. 2. Federations, national unions, or workers' associations operating in more than one region -- it shall be filed with the Bureau or the Regional Offices, but shall be processed and acted upon by the Bureau which has national jurisdiction unlike a regional office. **Classification of Labor Organizations** At the National Level 1\. National Union/Federation; 2\. Industry Union; 3\. Trade Union Center; and 4\. Company Union. At the Enterprise Level 1\. Independent Union; and 2\. Chapter. **CANCELLATION OF REGISTRATION** Grounds for Cancellation of Registration (R-E-V) 1. Misrepresentation, false statement, or fraud in connection with the adoption or Ratification of the constitution and by-laws or amendments thereto, the minutes 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, minutes of the election of officers, the list of voters; and 3. Voluntary dissolution. (D.O. 40-F-03) Note: If there are supervisors that are joined with the rank-and-file employees union, would that be a ground for cancellation of registration? Answer: NO. Those who do not properly belong to the union are deemed automatically removed from the union by operation of law. (Art. 256, LC) **3. AFFILIATION/DISAFFILIATION FROM NATIONAL UNION OR FEDERATION** A local union may affiliate with or disaffiliate from a federation. This is an exercise of the right of association recognized by the Constitution. Between the chapter and the federation, affiliation or disaffiliation is a contractual relation. Hence, even if disaffiliation is a matter of right, the local must comply with the obligations under the CBL such as manner and period of notice. Affiliate An affiliate refers to: 1\. An independently registered union that enters into an agreement of affiliation with a federation or national union; or 2\. A chartered local which applies for and is granted an independent registration but does not disaffiliate from its mother federation or national union. **How local chapter is created** A duly registered federation or national union may directly create a local/chapter by issuing a charter certificate indicating the establishment of a local/chapter. 1. The chapter shall acquire legal personality only for purposes of filing a PCE from the date it was issued a charter certificate. 2. The chapter shall be entitled to all other rights and privileges of a LLO only upon the submission of the following documents in addition to its charter certificate: a. Names of the chapter's officers, their addresses, and the principal office of the chapter; b. Chapter's constitution and by-laws; and c. Where the chapter's constitution and by-laws are the same as that of the federation or the national union, this fact shall be indicated accordingly. 3. The genuineness and due execution of the supporting requirements shall be: a. Certified under oath by the secretary or treasurer of the local/chapter; and b. Attested to by its president. **Reportorial Requirements in Affiliation** The report of affiliation of independently registered labor unions with a federation or national union shall be accompanied by the following documents: 1. Resolution of the labor union\'s board of directors approving the affiliation; 2. Minutes of the general membership meeting approving the affiliation; 3. The total number of members comprising the labor union and the names of members who approved the affiliation; 4. The certificate of affiliation issued by the federation in favor of the independently registered labor union; and written notice to the Er concerned if the affiliating union is the incumbent bargaining agent **Reasons for Affiliation** 1. Secure support or assistance especially during the formative stage of unionization; 2. Utilize expertise in preparing and pursuing bargaining proposals; and 3. To marshal mind and manpower in the course of a group action such as a strike. **Independently registered union is required to report affiliation with the Regional Office** A union affiliating with a federation or national union is required to report such affiliation to the Regional Office that issued its certificate of registration. \\ **Disaffiliation of local union from the federation** GR: A labor union may disaffiliate from the mother union to form an independent union only during the 60-day freedom period immediately preceding the expiration of the CBA. XPN: Even before the onset of the freedom period, disaffiliation may still be carried out, but such must be effected by the majority of the union members in the bargaining unit. Disaffiliation must be decided by the entire membership through secret balloting in accordance with Art. 250(d). This happens when there is a substantial shift in allegiance on the part of the majority of the members of the union. In such a case, however, the CBA continues to bind the members of the new or disaffiliated and independent union to determine the union which shall administer the CBA. **Disaffiliation must be by majority decision** Disaffiliation must be decided by the entire membership through secret balloting in accordance with Art. 250 (d). An individual member or any number of members may disaffiliate from the union during the "freedom period" but disaffiliating the union itself from the mother union must be supported by the majority of the members. If done by a minority, even during the freedom period, the act may constitute disloyalty. They may be expelled from the union or may be removed from their employment because of the union security clause. Limitation to Disaffiliation Effect of Disaffiliation 1\. Union Dues -- the obligation of an employee to remit union dues to the mother is coterminous with the affiliation or membership of its local. The dues must now be remitted to the local. 2\. Existing CBA -- the CBA continues to bind the members of the new or disaffiliated and independent union up to the CBA's expiration date based on the 'Substitutionary Doctrine.' **Revocation of Charter** A federation may revoke the charter issued to a local/chapter by serving a verified notice of revocation, copy furnished to the Bureau, on the ground of disloyalty or such other grounds as may be specified in the constitution and by-laws of the federation. (Sec. 5, Rule VIII, Book V, IRR). +-----------------------------------+-----------------------------------+ | **Effect of Revocation: | | | Independently Registered vs. | | | Unregistered Chartered Local | | | Union** | | +===================================+===================================+ | **INDEPENDENTLY REGISTERED** | **UNREGISTERED** | +-----------------------------------+-----------------------------------+ | **Effect of Disaffiliation to the | | | Union (local)** | | +-----------------------------------+-----------------------------------+ | Would not affect its being an LLO | Would cease to be an LLO and | | and therefore, it would continue | would no longer have the legal | | to have legal personality and to | personality and the rights and | | possess all rights and privileges | privileges granted by law to LLO, | | of LLO. | unless the local chapter is | | | covered by its duly registered | | | CBA. | +-----------------------------------+-----------------------------------+ | **Effect of Disaffiliation to the | | | CBA** | | +-----------------------------------+-----------------------------------+ | An existing CBA would continue to | The CBA would continue to be | | be valid as the labor | valid up to its expiration date. | | organization can continue | | | administering the CBA. | | +-----------------------------------+-----------------------------------+ | **Entitlement to Union Dues after | | | Disaffiliation** | | +-----------------------------------+-----------------------------------+ | Labor organization entitled to | Union dues may no longer be | | the union dues and not the | collected as there would no | | | longer be any labor union that is | | federation from which the labor | allowed to collect such union | | org | dues from the Ees. | +-----------------------------------+-----------------------------------+ **Effect of Revocation** GR: The revocation shall divest the local/chapter of its legal personality upon receipt of the notice by the Bureau. XPN: If the local/chapter has acquired independent registration. **Effect of Cancellation of Registration of Federation or National Union on locals/chapters** GR: The cancellation shall operate to divest its locals/chapters of their status as legitimate labor organizations. XPN: Locals/chapters are covered by a duly registered CBA. NOTE: In the latter case, locals/chapters shall be allowed to register as independent unions. If they fail to register, they shall lose their legitimate status upon the expiration of the CBA. Q: PSEA is a local union in Skylander Company which is affiliated with PAFLU. PSEA won the certification election among the rank-and-file employees of the Skylander Company but its rival union PSEA-WATU protested the results. Pending the resolution of such controversy, PSEA disaffiliated with PAFLU and hence affiliated with NCW which was supported by its members. May a local union disaffiliate with its mother federation pending the settlement of the status as the sole and exclusive bargaining agent? A: YES. The pendency of an election protest does not bar the valid disaffiliation of the local union which was supported by the majority of its members. The right of a local union to disaffiliate with the federation in the absence of any stipulation in the Constitution and by-laws of the federation prohibiting disaffiliation is well settled. Local unions remain as the basic unit of association, free to serve their own interest subject to the restraints imposed by the Constitution and by-laws of national federation and are free to renounce such affiliation upon the terms and conditions laid down in the agreement which brought such affiliation to existence **Substitutionary Doctrine** This doctrine holds that the employees cannot revoke the validly executed collective bargaining contract with their employer by the simple expedient of changing their bargaining agent. The new agent must respect the contract. The employees, through their new bargaining agent, cannot renege on the collective bargaining contract, except to negotiate with the management for the shortening thereof. The Substitutionary Doctrine, however, cannot be invoked to support the contention that a newly certified collective bargaining agent automatically assumes all the personal undertakings---like the no- strike stipulation here---in the collective bargaining agreement made by the deposed union. When EBR bound itself and its officers not to strike, it could not have validly bound all the other rival unions existing in the bargaining units in question. **4. RIGHTS OF LEGITIMATE LABOR ORGANIZATIONS** A legitimate labor organization shall have the right: a. To act as the representative of its members for the purpose of collective bargaining; (Right of Representation) b. To be certified as the exclusive representative of all the employees in an appropriate bargaining unit for purposes of collective bargaining; c. To be furnished by the employer with annual audited financial statements, including the balance sheet and the profit and loss statement; (Right to Information) d. To own property, real or personal; (Property Rights) e. To sue and be sued in its registered name; (Property Rights) f. To undertake all other activities designed to benefit the organization and its members; and (Art. 251, LC) (Property Rights) g. To collect reasonable membership fees, union dues, assessments, fines, and other contributions. (Art. 292(a), LC) (Right to Collect Union Dues) **5. RIGHTS AND CONDITIONS OF MEMBERSHIP IN LEGITIMATE LABOR ORGANIZATIONS** The rights of union members may be summarized as follows: (Pol-M-I-D) a. Political right; b. Right over Money matters; c. Right to Information; and d. Deliberative and decision-making right. a. Political right- The member's right to vote and be voted for, subject to lawful provisions on qualification and disqualifications. b. Right over money matters 1. Against excessive fees; 2. Against unauthorized collection of contributions or disbursements; 3. To require adequate records of income and expenses; 4. Of access to financial records; 5. Vote on officer's compensation; and 6. Vote on proposed special assessment and be deducted a special assessment only with the member's written authorization. c. Right to information- The member's right to be informed about the: 1. Organization's constitution and by-laws; 2. Collective bargaining agreement; and 3. Labor laws. d. Deliberative and decision-making right- The member's right to participate in deliberations on major policy questions and decide them by secret ballot. Q: When, how, and under what conditions does an employee become a union member? A: The answer depends on the union's constitution and by-laws. The Labor Code gives a labor organization the right to prescribe its own rules for acquisition or retention of membership. Nonetheless, an employee is already qualified for union membership starting on his first day of service. (Azucena, 2016) **Expulsion of a Union Member** A member of a union may be expelled but only for a valid cause and by following the procedure outlined in the constitution and by-laws. A member is entitled to due process. Expulsion of a member for arbitrary or impetuous reasons may amount to ULP by the union. **Election of Union Officers** Q: What positions should be filled up, when, and how should the election be done? A: It depends on the union's constitution and by- laws or the agreement among the members. In the absence thereof, the Implementing Rules of Book V shall apply. **Officers are elected by the members through secret ballot voting.** **Eligibility of Voters** Only union members can take part in the election of union officers. The election takes place at intervals of five (5) years, which is the term of office of the union officers. **Election under the Implementing Rules** The incumbent president should create an election committee within 60 days before expiration of the term of incumbent officers. The Rules specify the composition of the election committee as well as its powers and duties. If the officers with expired term do not call an election, the remedy is for at least 30% of the members to file a petition with the DOLE Regional Office. **Union Officer must be an Employee** No person who is not an employee or worker of the company or establishment where a union operates shall be elected or appointed as an officer of such union. Only an employee may be a union officer. **Disqualification of Union Officers** The following are disqualified to become union officers: 1. Those convicted of a crime involving moral turpitude; 2. Those who belong to a subversive organization; or 3. Those engaged directly or indirectly in any subversive activity. **Frustration over incumbent officers of the union does not justify disregard of union's constitution and by-laws** Frustration over the performance of the incumbent officers, as well as their fears of a fraudulent election to be held under the latter's supervision, could not justify the imposition of their own will on the union. The organizations shall have the right to draw up their own constitution and rules and to elect their representatives in full freedom, free from any interference from public authorities. The union members should respect the constitution and rules they themselves draw up equally so. The CBL is the fundamental law that governs the relationship between and among the members of the union. **Due Process in Impeachment of Union Officers** Despite practical difficulties in complying with the procedure laid down in the constitution and by-laws, the impeachment procedure contained therein must be substantially complied with. Q: Can a labor organization prescribe rules and regulation with respect to voting? A: YES. It may require reasonable period of prior membership (such as six months or a year). It may also condition the exercise of right to vote on the payment of dues since paying dues is a basic obligation of membership. However, this is subject to two (2) qualifications: (a) it must be applied uniformly; and (b) members must be afforded a reasonable opportunity to pay dues, including a grace period during which dues may be paid without any loss of rights. It should be noted however, that it cannot create special classes of non-voting members. Obtaining Relief with the Union **GR (General Rule):** First, redress must be sought with the union itself in accordance with the constitution and by- laws. When the intra-union remedy fails, a case can be filed with the Bureau of Labor Relations. **XPN (Exception):** When the exhaustion of remedies with the union would practically amount to a denial of justice. Then, it cannot be insisted upon as a condition to the right to invoke the aid of the court. **30% Requirement** GR: At least 30% of the members are required to report a violation of labor organization procedures. XPN: When such violation affects only one or two members, then only one or two members would be enough to report such violation. **Visitorial power of SOLE to inquire into the financial activities of labor organizations** SOLE is authorized to inquire into the financial activities of any labor organization to determine compliance or non-compliance with the laws and to aid in the prosecution of any violation thereof. It is initiated on the basis of: 1. A Complaint under oath; and 2. Supported by 20% of the membership. **Dues and assessments which the union may collect** Legitimate labor organizations are authorized to collect reasonable amounts of the following: 1. Membership fees 2. Union dues 3. Assessments 4. Fines 5. Contribution for labor education and research mutual death and hospitalization benefits, welfare fund, strike fund, and credit and cooperative undertakings (Art. 292(a), LC) 6. Agency fees (Art. 259(e), LC) **CHECK OFF, ASSESSMENTS, UNION DUES, AND AGENCY FEES** **Check Off** A check-off is a method of deducting from the employee's pay at prescribed periods, any amount due for fees, fines, or assessments. It is a process or device whereby the employer, on agreement with the union recognized as the proper bargaining representative, or on prior authorization from its employees, deducts union dues and assessments from the latter's wages and remits them directly to the union. **Requirements for a Valid Check-Off** 1. Authorization by a written resolution of the majority of all the members at a general membership meeting duly called for the purpose; 2. Secretary's record of the minutes of said meeting; and 3. Individual written authorizations for check-off duly signed by the employees concerned. NOTE: Under Art. 113, one of the lawful deductions from employee's wage is for "union dues, in cases where the right of the worker or his union to check- off has been recognized by the employer or authorized in writing by the individual worker concerned. **Jurisdiction over Check-Off Disputes** Being an intra-union dispute, the Regional Director of DOLE has jurisdiction over check off disputes. (Art. 250(p), LC) **Assessments** Payments used for a special purpose. Especially if required only for a limited time **Requisites to Collect Special Assessment** GR: No special assessments, attorney's fees, negotiation fees, or any other extraordinary fees may be checked off from any amount due to an employee unless there is: 1. Authorization by a written resolution of the majority of all members at the general membership meeting duly called for that purpose; 2. Secretary's record of the minutes of the meeting; and 3. Individual written authorization for check-off duly signed by the employee concerned. The authorization should specify the: 1\. Amount; 2\. Purpose; and 3\. Beneficiary of the deduction. Exceptions a\. For mandatory activities under the LC; b\. For Agency Fees; c\. When non-members of the union avail of the benefits of the CBA: 1. Non-members may be assessed union dues equivalent to that paid by union members; and 2. Only by board resolution approved by majority of the members in general meeting called for the purpose. **Effect of failure to strictly comply with the requirements set by law** It shall invalidate the questioned special assessments. Substantial compliance with the requirements is not enough in view of the fact that the special assessment will diminish the compensation of union members. **Union Dues** These are regular monthly contributions paid by the members to the union in exchange for the benefits given to them by the CBA and to finance the activities of the union in representing the union. **Nature and purpose of union dues** Union dues are the lifeblood of the union. All unions are authorized to collect reasonable membership fees, union dues, assessments, fines, and other contributions for labor education and research, mutual death and hospitalization benefits, welfare fund, strike fund, and credit and cooperative undertakings. **Agency Fees** It is an amount equivalent to union dues, which a non-union member pays to the union because he benefits from the CBA negotiated by the union. NOTE: Payment by non-union members of agency fees does not amount to unjust enrichment because the purpose of such dues is to avoid discrimination between union and non-union members. The source of Agency Fee is not contractual but is based from quasi-contract. **Requisites for Assessment of Agency Fees** 1. The Ee is part of the bargaining unit; 2. He is not a member of the union; and 3. He partook of the benefits of the CBA. NOTE: The individual authorization required under Art. 250(n) shall not apply to non-members of the recognized CB agent with regard to assessment of agency fees. The employee\'s acceptance of benefits resulting from a collective bargaining agreement justifies the deduction of agency fees from his pay and the union\'s entitlement thereto. In this aspect, the legal basis of the union\'s right to agency fees is neither contractual nor statutory, but quasi-contractual deriving from the established principle that non- union employees may not unjustly enrich themselves by benefiting from employment conditions negotiated by the bargaining union. (Holy Cross of Davao College v. Hon. Joaquin, G.R. No. 110007, 18 Oct. 1996) **Limitation on the Amount of Agency Fee** The bargaining union cannot capriciously fix the amount of agency fees it may collect from its non- members. Article 248(e) of the Labor Code expressly sets forth the limitation in fixing the amount of the agency fees, thus: 1\. It should be reasonable in amount; and 2\. It should be equivalent to the dues and other fees paid by members of the recognized collective bargaining agent. Q: A is employed by XYZ Company where XYZ Employees Union (XYZ-EU) is the recognized exclusive bargaining agent. Although A is a member of rival union XYR-MU, he receives the benefits under the CBA that XYZ-EU had negotiated with the company. XYZ-EU assessed A, a fee equivalent to the dues and other fees paid by its members but A insists that he has no obligation to pay said dues and fees because he is not a member of XYZ--EU and he has not issued an authorization to allow the collection. Explain whether his claim is meritorious. (2010 BAR) A: NO. The fee exacted from A takes the form of an agency fee which is sanctioned by Art. 248 (now 259) (e) of the Labor Code. The collection of agency fees in an amount equivalent to union dues and fees from Ees who are not union members is recognized under the LC. The union may collect such fees even without any written authorization from the non- union member Ees, if said Ees accept the benefits resulting from the CBA. The legal basis of agency fees is quasi-contractual. (Del Pilar Academy v. Del Pilar Academy Employees Union, G.R. No. 170112, 30 Apr. 2008) **UNION SECURITY CLAUSE** Union security is a generic term, which is applied to and comprehends \"closed-shop,\" \"union-shop,\" \"maintenance of membership,\" or any other form of agreement that imposes upon employees the obligation to acquire or retain union membership as a condition affecting employment. **Kinds of union security clause** 1. Union-shop -- there is union-shop when all new regular employees are required to join the union within a certain period as a condition for their continued employment. 2. Maintenance of membership shop -- there is maintenance of membership shop when employees, who are union members as of the effective date of the agreement, or who thereafter become members, must maintain union membership as a condition for continued employment until they are promoted or transferred out of the bargaining unit, or the agreement is terminated. 3. Closed-shop -- an enterprise in which, by agreement between the employer and his employees or their representatives, no person may be employed in any or certain agreed departments of the enterprise unless he or she is, becomes, and, for the duration of the agreement, remains a member in good standing of a union entirely comprised of or of which the employees in interest are a part. NOTE: It is a State policy to promote unionism to enable workers to negotiate with management on an even playing field and with more persuasiveness than if they were to individually and separately bargain with the employer. For this reason, the law has allowed stipulations for \"union-shop\" and \"closed-shop\" as means of encouraging workers to join and support the union of their choice in the protection of their rights and interest vis- -vis the employer. **Dismissal by virtue of stipulation in the CBA** Moreover, a stipulation in the CBA authorizing the dismissal of employees is of equal import as the statutory provisions on dismissal under the Labor Code, since a CBA is the "law between the company and the union and compliance therewith is mandated by the express policy to give protection to labor." In terminating the employment of an employee by enforcing the union security clause, the employer needs only to determine and prove that: 1\. The union security clause is applicable; 2\. The union is requesting for the enforcement of the union security provision in the CBA; and 3\. There is sufficient evidence to support the decision of the union to expel the employeenfrom the union. **C. BARGAINING REPRESENTATIVE** **An Organized establishment is** an enterprise where there exists a recognized or certified sole and exclusive bargaining agent. An **Unorganized establishment**, on the other hand, is an enterprise where no union has yet been duly recognized or certified as bargaining representative. **Bargaining representative of the Ees for purposes of collective bargaining** The labor organization designated or selected by the majority of the Ees in an appropriate collective bargaining unit shall be the exclusive representative of the Ees in such unit for the purpose of CB. However, an individual Ee or group of Ees shall have the right at any time to present grievances to their Er. (Art. 267, LC) **Three (3) modes/methods of determining the exclusive bargaining representative:** 1\. SEBA ( SOLE AND EXCLUSIVE BARGAINING AGENT) Certification 2\. Certification Election 3\. Consent Election MODES/METHODS TO ACQUIRE STATUS AS SOLE AND EXCLUSIVE BARGAINING AGENT **a. SEBA CERTIFICATION** Process where a union requests the DOLE Regional Director to recognize and certify the union as the Sole and Exclusive Bargaining Agent (SEBA) of the Barganing Unit (BU) it purports to represent for purposes of collective bargaining with the employer. **Conditions:** 1\. The bargaining unit is not unionized; 2\. The requesting union is the only union in that bargaining unit; and 3\. The CBU majority are members of the union. **Where to file the Request** Any legitimate labor organization may file a Request in the DOLE Regional Office which issued its certificate for registration or certificate of creation of chartered local, as the case may be. Scenarios contemplated by the Rules on Request for Sole and Exclusive Bargaining Agent Certification i\. Request certification in UNORGANIZED establishment with ONLY ONE LEGITIMATE UNION. **Effect of the Issuance of the Certification as SEBA** ii\. Request for certification in UNORGANIZED establishment with MORE THAN ONE LEGITIMATE LABOR ORGANIZATION iii\. Request for certification in ORGANIZED establishment If the DOLE Regional Director finds that the establishment is organized, he should refer the same to the Mediator-Arbiter for the determination of the propriety of conducting a certification election. Q: What would happen if the request is denied? A: It may be referred to an election officer for the conduct of a certification election. Q: What if it was granted? A: Then the certified union shall enjoy the rights and privileges of an EBA for the BU. **b. CERTIFICATION/CONSENT ELECTION** **Certification Election** - It is the process of determining through secret ballot the sole and exclusive representative of the Ees in an appropriate bargaining unit, for purposes of CB or negotiation.  Certification proceedings directly involve only two issues: a\. Proper composition and constituency of the bargaining unit; and b\. Veracity of majority membership claims of the competing unions so as to identify the one union that will serve as the bargaining representative of the entire bargaining unit. **Purpose of a Certification Election** It is a means of determining the worker's choice of: 1\. Whether they want a union to represent them for CB or if they want no union to represent them at all. 2\. And if they choose to have a union to represent them, they will choose which among the contending unions will be the sole and exclusive bargaining representative of the Ees in the appropriate bargaining unit. **No Union as a Choice** The right to join a union includes the right to not to join. (Victoriano v. Elizalde Rope Workers Union, G.R. L-25246, 12 Sept. 1974) In view of this, the "no union" choice should always be included in the certification election. If the "no union" option wins, the statutory bar rule shall apply. Thus, there will be no SEBA and no new PCE can be filed within one (1) year from the conduct of certification elections. **Time to File Petition for Certification Election (PCE)** It would depend if the Bargaining Unit has a CBA or none. 1\. If there is none, the petition may be filed anytime except within the 12 months of a previous election, if any. 2\. If there is a CBA, the petition may only be filed within the "freedom period" of the representational aspect of the CBA. NOTE: Freedom period refers to the last 60 days immediately preceding the expiration of CBA. **Where to file the PCE** A petition for certification election shall be filed with the Regional Office which issued the petitioning union's certificate of registration or certificate of creation of chartered local. The petition shall be heard and resolved by the Med- Arbiter. **Consent Election** Consent election is an election that is voluntarily agreed upon by the parties with or without the intervention of DOLE for the purpose of determining the EBA. **Certification Year Bar Rule** Under this rule, a petition for certification election may not be filed within one (1) year from the date a valid certification, consent, run-off, or re-run election has been conducted within the bargaining unit. This is also called as the 12-month Bar rule. **d. FAILURE OF ELECTION, RUN-OFF ELECTION, RE-RUN ELECTION** **Failure of Election** There exists a failure of election in the following instances: 1\. Where the number of votes cast in a certification or consent election is less than the majority of the number of eligible voters and there is o material challenged votes -- In this case, the failure of election shall not bar the filing of a motion for the immediate holding of another certification or consent election within six (6) months from date of declaration of failure of election; and 2\. When there is a tie -- The next election must be held within a period of ten (10) days from the last election in order to determine or break the tie. **Run-off Election** A run-off election refers to an election between the labor union receiving the two highest votes in a certification election or consent election with three or more unions in contention, where such certification election or consent election results in none of the contending unions receiving the majority of the valid votes cast; provided, that the total number of votes for all contending unions, if added is at least 50% of the number of valid votes cast. (Art. 268, LC) **Qualification of Voters in the Run-Off Election** The same voters list used in the certification election shall be used in the run-off election. **When to be Conducted** If conditions that justify the conduct of a run-off election are present and there are no objections or challenges which, if sustained, can materially alter the election results, the Election Officer should motu proprio conduct the run-off election within ten (10) days from the close of the election proceeding between the labor unions receiving the two highest number of votes cast. **Requirements for a Run-Off Election** A run-off election is proper if five concurrent conditions exist: 1\. A valid election took place because majority of the CBU members voted; 2\. The election presented at least three choices, e.g., Union One, Union Two, and No Union, meaning, there are at least two union "candidates"; 3\. Not one of the unions obtained the majority valid votes; 4\. The total number of votes for all the unions is at least 50% of the votes cast; and 5\. There is no unresolved challenge of voter or election process. (Azucena, 2016) NOTE: Thus, if "no union" garnered the majority vote, no run-off elections may be held. **Re-Run Election** There are three instances of Re-Run: 1\. Failure of certification election declared by the election officer; 2\. Tie between two unions; or 3\. Tie between a union and no union. In both instances, the "no union" is also a choice. **e. EMPLOYER AS A MERE BYSTANDER RULE** Employer as a Bystander (Bystander Rule) In all cases, whether the PCE is filed by an Er or an LLO, the Er shall not be considered a party thereto with a concomitant right to oppose a PCE. The only purpose of the proceeding is to determine which organization will represent the employees in bargaining with the employer. The choice of representative is the exclusive concern of the employees. **The Er's participation in such proceedings shall be limited to:** 1\. Being notified or informed of petitions of such nature; and 2\. Submitting the list of Ees during the pre- election conference should the Mediator-Arbiter act favorably on the petition. **Employer's possible recourse** If the employer believes that the union has inappropriate membership because it includes rank-and-file with managerial/supervisory employees, the employer's recourse is not to oppose the PCE, but to file a separate petition to cancel the union's registration. **D. COLLECTIVE BARGAINING** 1**. DUTY TO BARGAIN COLLECTIVELY, BARGAINING IN BAD FAITH** **Duty to Bargain Collectively** The duty to bargain collectively means the performance of a mutual obligation to meet and convene promptly and expeditiously in good faith for the purpose of: 1\. Negotiating an agreement with respect to wages, hours of work, and all other terms and conditions of employment; 2\. Including proposals for adjusting any grievances or questions arising under such agreement; 3\. Executing a contract incorporating such agreements if requested by either party butsuch duty does not compel any party to agree to a proposal or to make any concession (Art. 263, LC); and 4\. Negotiation over the terms of a new contract or proposed modifications, when an existing agreement is validly opened for negotiations. (Azucena, 2016) **When there is no CBA** In the absence of an agreement or other voluntary arrangement providing for a more expeditious manner of Collective Bargaining, it shall be the duty of the employer and the representatives of the employees to bargain collectively in accordance with the provisions of the LC. (Art. 262, LC) **When there is a CBA** When there is a CBA, the duty to bargain collectively, in addition to Art. 263, shall mean that neither party shall terminate nor modify such agreement during its lifetime. However, either party can serve a written notice to terminate or modify the agreement at least 60 days prior the expiration of its fifth year. NOTE: It shall be the duty of both parties to keep the status quo and to 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 by the parties' automatic renewal clause. (Art. 264, LC) **2. COLLECTIVE BARGAINING AGREEMENT (CBA), MANDATORY PROVISIONS** **Collective Bargaining Agreement (CBA)** Refers to a contract executed upon request of either the employer or the exclusive bargaining representative of the employees -- incorporating the agreement reached after negotiations with respect to wages, hours of work, and all other terms and conditions of employment, including proposals for adjusting any grievances or questions under such agreement. **Nature** The CBA is the law between the contracting parties and the Collective Bargaining representative and the employer-company. Compliance with a CBA is mandated by the expressed policy to give protection to labor. NOTE: Unilateral changes in the implementation of the provisions of the CBA cannot be allowed without the consent of both contracting parties.  **Purpose** The goal of collective bargaining is the making of agreements that will stabilize business conditions and fix fair standards of working conditions. **Mandatory Provisions of the CBA** For a matter to be subject to mandatory collective bargaining, it must materially or significantly affectthe terms or conditions of employment. Examples of matters considered as mandatory subjects of bargaining: 1\. Wages and other types of compensation including merit increases 2\. Working hours and working days, including work shifts 3\. Vacations and holidays 4\. Bonuses 5\. Pensions and retirement plants 6\. Seniority 7\. Transfer 8\. Lay-offs 9\. Employee workloads 10\. Work rules and regulations 11\. Rent of company houses 12\. Union security arrangements **Ratification of the CBA** GR: The agreement negotiated by the employees\' EBR should be ratified or approved by the majority of all the workers in the bargaining unit.The proper ratifying group is not the majority union but the majority of all the workers in the bargaining unit represented by the negotiation. XPN: Ratification of the CBA by the employees is not needed when the CBA is a product of an arbitral award by a proper government authority (Art. 278(g) LC) or a voluntary arbitrator. (Art. 275, LC) Q: What is the automatic renewal clause of collective bargaining agreements? (2008 BAR) A: The automatic renewal clause means that although the CBA has expired, it continues to have legal effects as between the parties until a new CBA has been entered.  Q: What is the Lock, Stock, and Barrel Rule? A: When the employer refuses to submit any counter-proposal, the employer had lost its right to bargain the terms and conditions of employment. Consequently, all the terms and conditions of the CBA as proposed by the SEBA are deemed approved and accepted lock, stock, and barrel by the employer.  **Hold-over Principle** It shall be the duty of both parties to keep the status quo and to 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 by the parties. Despite the lapse of the formal effectivity of the CBA, the law still considers the same as continuing in force and effect until a new CBA shall have been validly executed. **3. SIGNING, POSTING, REGISTRATION** **Registration** Within 30 days from execution of CBA, the parties thereto shall submit the agreement to the DOLE Regional Office where the bargaining union is registered or where it principally operates. Multi- employer collective bargaining agreements shall be filed with the Bureau. NOTE: Failure to register the CBA does not make it invalid or unenforceable. Once it is duly entered into and signed by the parties, a CBA becomes effective as between the parties whether or not it has been certified by the BLR. (Liberty Flour Mills Employees Association v. Liberty Flour Mills, G.R. Nos. 58768-70, 29 Dec. 1989) However, its non-registration renders the contract-bar rule inoperative. **Effectivity** The effectivity date depends on whether the CBA is the first CBA or a renegotiated CBA. 1\. First CBA - Effectivity date depends upon the agreement of the parties. NOTE: The determining point is the date the parties agreed, not the date they signed. Renegotiated CBA - If within six (6) months from the expiry date of the old CBA, then the new CBA starts to take effect on the date following such expiry date. If beyond six (6) months, the retroaction date will have to be agreed upon by the parties. NOTE: The date is important particularly in relation to wage increase because a long retroaction period will mean sizeable back pay to employees. 60-Day Freedom Period (Representative Aspect) **During the 60-day freedom period**: 1\. A labor union may disaffiliate from the mother union to form a local or independent union only during the 60-day freedom period immediately preceding the expiration of the five-year term of the CBA; 2\. Either party can serve a written notice to terminate or modify agreement at least 60 days prior to the expiration of the five-year term of the CBA; and A PCE may be filed. Q: How should the CBA be interpreted? A: As a contract and the governing law between the parties, the general rules of statutory construction apply in the interpretation of its provisions In case of doubt: \- All labor legislation and labor contracts should be construed in favor of the safety and decent living of the laborer. (Art. 1702, Civil Code) \- All doubts should be resolved in favor of labor. (Art. 4, LC) **E. UNFAIR LABOR PRACTICES** ULP has a technical meaning. It only refers to acts that violate the right of employees to self- organization and the observance of the CBA. Thus, not all unfair acts constitute as unfair labor practice. Without the element of self-organization, an act, no matter how unfair, cannot be considered as unfair labor practice. **a. NATURE** ULPs are not only violations of the civil rights of both labor and management but are also criminal offenses against the State **z**Elements of ULP 1\. Existence of Er-Ee relationship between the offender and offended party; and 2\. Act is expressly defined in the Code as ULP. **ULP has two aspects, namely:** **1**. Civil; and 2\. Criminal. NOTE: Lawmakers intended acts of ULP to be prosecuted in the same manner as criminal offenses because it is an offense against a public right or interest. 2\. ULP BY EMPLOYERS The following are the ULP committed by employers: a\. Interference, restraint, or coercion b\. Yellow dog contract c\. Contracting out of services d\. Company unionism e\. Discrimination for or against union membership f\. Discrimination because of testimony g\. i. Violation of duty to bargain h\. Paid negotiation Gross violation of the CBA NOTE: The enumeration of ULP under Art. 259 is not exclusive. Other ULP acts can be found in other provisions of the Labor Code. a\. INTERFERENCE, RESTRAINT, OR COERCION. To interfere with, restrain, or coerce employees in the exercise of their right to self-organization. (Art. 259(a), LC) U**LP can be committed even if union is notregistered** An employer who interferes with the formation of a labor union and retaliation against the employees' exercise of their right to self-organization is guilty of ULP. ( **Test of Interference** Whether the employer has engaged in conduct which it may reasonably be said tends to interfere with the free exercise of employees' rights. **Prohibiting organizing activities is ULP** It is unlawful to prohibit solicitation of union membership in the company whether it is working or non-working time. **c. CONTRACTING OUT** 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 right to self-organization. (Art. 259(c), LC) Q: Is contracting out per se ULP? A: NO. Contracting out, itself, is not ULP. It is the ill intention that makes it so when it is motivated by a desire to prevent his employees from organizing and selecting a collective bargaining representative, get rid of union men, or escape his statutory duty to **d. COMPANY UNIONISM** 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. (Art. 259(d), LC) **. DISCRIMINATION FOR OR AGAINST UNION MEMBERSHI**P 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. (Art. 259(e), LC) **g. VIOLATION OF DUTY TO BARGAIN** It refers to acts that violate the duty to bargain \\collectively as prescribed by the Code. **Four Forms of ULP in bargaining:** 1\. Failure or refusal to meet and convene; 2\. Evading mandatory subjects of bargaining; 3\. Bad faith in bargaining; and 4\. Gross violation of the CBA. **4. Gross violation of the CBA** The allegations in the complaint should show prima facie the concurrence of two things, namely: 1\. gross violation of the CBA, as opposed to simple violations of the CBA, which are only grievance matters; and 2\. the violation pertains to the economic provisions of the CBA. **3. ULP BY LABOR ORGANIZATIONS** **Persons Criminally Liable in Case of ULP by LO** 1\. Officers 2\. Members of governing board 3\. Representatives, agents, members of the labororganization who actually participated, authorized, or ratified the ULP act. **ULP Committed by Labor Organizations** a\. Restraint or coercion b\. Union-induced discrimination c\. Refusal to bargain d\. Featherbedding or Make-Work Arrangements e\. CBA deal with employer f\. Gross violation of CBA **F. PEACEFUL CONCERTED ACTIVITIES** Forms of Concerted Activities **1.** Legal Strike -- One called for a valid purpose and conducted through means allowed by law. 2\. Illegal Strike -- One staged for a purpose not recognized by law, or if for a valid purpose, conducted through means not sanctioned by law. 3\. Economic Strike/Bargaining Strike -- One staged by workers to force wage or other economic concessions from the employer which he is not required by law to grant. 4\. ULP Strike -- One called to protest the employer's acts of unfair practice enumerated in Art. 259 of the LC, as amended, including gross violation of the CBA and union busting. 5\. Slow Down Strike -- An industrial action in which employees perform their duties but seek to reduce productivity or efficiency in their performance of these duties. **x**1. STRIKES Strike It means any temporary stoppage of work by the concerted action of Ees as a result of an industrial or labor dispute. (Sec. 1 (uu), Rule I, Book V, IRR) The right to strike, while constitutionally recognized, is not without legal constrictions. Art. 279(a) of the LC, as amended, provides that no strike or lockout shall be declared after the assumption of jurisdiction by the President or the SOLE or after certification or submission of the dispute to compulsory or voluntary arbitration or during the pendency of cases involving the same grounds for the strike or lockout. The court has consistently ruled that once the Secretary of Labor assumes jurisdiction over a labor dispute, such jurisdiction should not be interfered with by the application of the coercive processes of a strike or lockout. A strike that is undertaken despite the issuance by the Secretary of Labor of an assumption order and/or certification is a prohibited activity and thus illegal. **"Striking Employee" is still an employee** During a strike the Er-Ee relationship is not terminated but merely suspended as the work stoppage is not permanent but only temporary. Thus, a striking employee is still an employee. However, the effects of employment are suspended, hence a striking employee, as a rule, is not entitled to his wage during the strike. (Azucena, 2016) **Purpose of a Strike** A strike is a coercive measure resorted to by laborers to enforce their demands. The idea behind a strike is that a company engaged in a profitable business cannot afford to have its production or activities interrupted, much less, paralyzed. **a. GROUNDS FOR STRIKE** **1**. The law recognizes two (2) grounds for the valid exercise of the right to strike or lockout, namely: a\. Collective Bargaining Deadlock (CBD); and/or b\. Unfair Labor Practices (ULP) -- Includes flagrant and/or malicious refusal to comply with the economic provisions of the CBA. **Observance of the Cooling-off Period** The Cooling-off Period is the period given by the NCMB to mediate and conciliate the parties. It is the span of time allotted by law for the parties to settle their disputes in a peaceful manner before staging a strike or lockout. The principles of improved offer and reduced offer balloting apply during the cooling-off period. **Cooling-off Periods Provided by Law** a\. In cases of CBD, the cooling-off period is 30 days; b\. In cases of ULP, the period shall be 15 days. **2. PICKETING** **Picketing** It is a concerted activity of workers consisting in peacefully marching to and from, before an establishment involved in a labor dispute, generally accompanied by the carrying and display of signs, placards and banners intended to inform the public about the dispute. **requisites for Lawful Picketing** 1\. It should be peacefully carried out; 2\. There should be no act of violence, coercion, or intimidation; 3\. The ingress to (entrance) or egress from (exit) the company premises should not be obstructed; and 4\. Public thoroughfares should not be impeded. **3. LOCKOUTS** It means any temporary refusal of an Er to furnish work as a result of an industrial or labor dispute.