Professional Documents
Culture Documents
Labor Relations (Part1)
Labor Relations (Part1)
Confidential EE Rule
• Confidential EEs are those who assist or act in a
confidential capacity to persons or officers who formulate,
determine, and effectuate management policies
specifically in the field of labor relations.
Doctrine of necessary implication
• The doctrine of necessary implication is the legal basis for
the ineligibility of a confidential employee to join a union.
• What is implied in a statute is as much part thereof as that
which is expressed.
• Unionization of confidential EEs for the purpose of
collective bargaining would mean extension of the law to
persons or individuals who are supposed to act “in the
interest of the ERs”.
• There is no legal prohibition against confidential EEs who
are not performing managerial functions to form and join a
union.
Separation of unions doctrine
1. Independent registration
2. Chartering of local chapter/chartered local
Only a federation or national union may directly create a
local chapter/chartered local. Although trade union center is
a legitimate labor organization, it has no power to directly
create a local chapter/chartered local.
Independent registration vs. chartering
1. As to documentary requirements:
In independent registration the following are the requirements:
a) Fifty-pesos (P50.00) registration fee;
(b) 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;
(c) The names of all its members comprising at least twenty 20%
percent of all the employees in the bargaining unit where it seeks to
operate.
(d) If the applicant has been in existence for one or more years, copies of its
annual financial reports; and
(e) Four copies of the constitution and by-laws of the applicant union, the
minutes of its adoption or ratification and the list of the members who
participated in it. (Article 240[234],LC)
In chartering, the following are the documentary
requirements:
1. charter certificate;
2. names of the chapter's officers, their addresses, and
the principal office of the chapter; and
3. chapter's constitution and by-laws: Provided, that
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. (Article 241[234-A],LC)
2. As to unions covered,
Independent Registration Chartering
Federation
National Union
Industry union
Acquires full legal personality upon First Stage: Partial legal personality
issuance of a Certificate of Registration which it acquires upon the issuance to
by the BLR (Article 240[234],LC) it of a Charter Certificate by the
Federation or national union
• Limitation:
a) reasonable in amount; and
b) equivalent to the dues and other fees paid by
members of SEBA
Collective bargaining
• members of SEBA
• non-SEBA members but are covered by the CBU
• members of the minority union who paid agency fees to
SEBA; and
• new EEs hired after the conclusion of the CBA and during
its effectivity or even after its expiration.
Are EEs excluded from the CBU like confidential and
managerial EEs or supervisory EEs in the case of
rank-and-file CBU or vice versa, entitled to the
benefits flowing from the CBA?
• No, except:
a) when the CBA benefits are granted to managerial EEs by
reason of company practice or company policy;
b) when the adjustments are made to avoid distortion in the
levels of wages or benefits