LABOR

RELATIONS
ARTICLE 218 - 223
Policy & Definitions
Art 218. Declaration of Policy

Art. 219. Definitions

National Labor Relations Commission (NLRC)

Art. 220. NLRC

Art. 221. Headquarters, Branches & Provincial Extension Units

Art. 222. Appointment & Qualifications

Art. 223. Salaries, Benefits & Other Emoluments

 To promote and emphasize the primacy of free

Declaration collective bargaining and negotiations, including

voluntary arbitration, mediation and conciliation, as

of Policy modes of settling labor or industrial disputes;

To promote free trade unionism as an instrument for

ARTICLE 218 [211] the enhancement of democracy and the promotion of
social justice and development;

To foster the free and voluntary organization of a

strong and united labor movement;

To promote the enlightenment of workers concerning

their rights and obligations as union members and as
employees;
Declaration To provide an adequate administrative machinery for
the expeditious settlement of labor or industrial

of Policy
disputes;

ARTICLE 218 [211] To ensure a stable but dynamic and just industrial
peace; and

To ensure the participation of workers in decision and

policy-making processes affecting their rights, duties
and welfare.
Declaration Non-interference of non parties in collective
bargaining

of Policy GENERAL RULE:

No court or administrative agency or official shall have the
ARTICLE 218 [211] power to set or fix wages, rates of pay, hours of work, or other
terms and conditions of employment, except as otherwise
provided under the Labor Code.

EXCEPTIONS:
(a) National Wages and Productivity Commission and Regional
Tripartite Wages and Productivity Board – as to wage fixing.
(b) Secretary of Labor and Employment and President of the
Philippines – as to certification and assumption powers over labor
disputes.
DEFINITIONS
ARTICLE 219
EMPLOYERS
-One who hires services of another and pays
him compensation.

-Any person acting in the interest of an

employer, directly or indirectly.

- Do not include any labor organization or

any of its officers or agents except when
acting as employer. (example: Big unions
which hire regular personnel)
Employee
- Any person in the employ of an employer. Not
limited to the employees of a particular employer,
unless the Code so explicitly states.

- It shall include any individual whose work has

ceased as a result of or in connection with any
current labor dispute or because of any unfair labor
practice if he has not obtained any other
substantially equivalent and regular employment.
Types of employee
1. Managerial
2. Supervisory
3. Rank-and-file
Managerial
employee
is one who is vested with the powers or
prerogatives to lay down and execute
management policies and/or to hire, transfer,
suspend, lay-off, recall, discharge, assign or
discipline employees.
 Supervisory
employee
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.
Rank-and-file
All employees not falling under the
definition of managerial employees
and supervisory employees.
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.

Legitimate labor
organization
means any labor organization duly registered with
the Department of Labor and Employment, and
includes any branch or local thereof.
Company union
any labor organization whose formation,
function or administration has been

Bargaining
assisted by any act defined as unfair labor
practice by the Labor Code

representative
a legitimate labor organization or any
officer or agent of such organization
whether or not employed by the
employer.
Labor Dispute
any controversy or matter concerning
terms and conditions of employment or
the association or representation of
persons in negotiating, fixing, maintaining,
changing or arranging the terms and
conditions of employment, regardless of
whether the disputants stand in the
proximate relation of employer and
employee.
Voluntary Arbitrator
means any person accredited by the Board as such, or
any person named or designated in the Collective
Bargaining Agreement by the parties to act as their
Voluntary Arbitrator, or
one chosen with or without the assistance of the National
Conciliation and Mediation Board, pursuant to a selection
procedure agreed upon in the Collective Bargaining
Agreement, or
any official that may be authorized by the Secretary of
Labor and Employment to act as Voluntary Arbitrator
upon the written request and agreement of the parties to
a labor dispute.
 Strike-breaker
Strike any person who obstructs, impedes,
any temporary stoppage of or interferes with by force, violence,
work by the concerted coercion, threats, or intimidation any
action of employees as a peaceful picketing affecting wages,
hours or conditions of work or in the
result of an industrial or
exercise of the right of self-
labor dispute.
organization or collective bargaining.

Lockout
any temporary refusal of an
employer to furnish work as a
result of an industrial or labor
dispute.
National Labor Relations
Commission
created for speedy labor justice

1972 - Created 1974 - Creation reiterated

PD 21 Section 1 PD 442 - Tripartite composition:

a. rep. of workers;
3 members
b. employers;
c. public
 Administrative
Autonomy
Art 219 - NLRC, attached to DOLE

Trisectoral
Composition
Art 220 - Tripartite composition
(Chairman and 23 Commissioners: workers, employers,
and public sectors.)
NLRC en banc & En banc & eight (8) divisions, each 3 members.

divisions En banc sits only for the purposes of promulgating

rules & regulations governing the hearing &
disposition of cases before any of its divisions and
regional branches and formulating policies affecting
its administration operations.

Divisions
- exercise adjudicatory and all other powers,
functions, and duties.
- have exclusive appellate jurisdiction over cases
within their respective territorial jurisdiction.
NLRC en banc &
divisions Conclusions of Division
-reached after a consultation.

Pronouncement of Judgement
- Concurrence of two (2) commissioners
of a division.
NLRC Headquarters
ARTICLE 221

Metropolitan Manila Cebu City Cagayan de Oro City

1st, 2nd, 3rd 4th, 5th & 7th Division 8th Division
6th Divisions
Qualifications of
Commissioners
1. member of the Philippine Bar
2. Engaged in the practice of law in the Phil.
for at least fifteen (15) years.
3. have experience or exposure in handling
labor management relations for at least
five (5) years; and
4. preferably a resident of the region where
he is to hold office.
Qualifications of
Labor Arbiters
1. member of the Philippine Bar
2. Engaged in the practice of law in the
Phil. for at least ten (10) years.
3. have experience or exposure in
handling labor management relations
for at least five (5) years; and
 02

NLRC
Term of Office
NLRC Commissioners & Labor Arbiters
- hold office during good behavior until they reach 65 years, unless sooner
removed for cause or become incapacitated to discharge the duties of their
office.

- all are civil service employees; they have the right to remain in office until
the expiration of the terms for which they have been appointed unless sooner
removed for cause provided by law.
 Salaries, benefit &
other emoluments
ARTICLE 223

Chairman and Presiding Justice

members of the & Associate
Commission Justices of the
Court of Appeals

Labor Arbiters Judges of RTC

Atinaja, Rochelle Maye M.
Contents of this report
1. JURISDICTION OF LABOR ARBITERS
2. POWERS OF THE NLRC
3. OCULAR INSPECTION
 01
Jurisdiction of labor Arbiters
Art. 217 (224 before),
Labor Code
Art. 217 (224), Labor Code
a. Except as otherwise provided under this Code, the Labor Arbiters shall have original and exclusive jurisdiction to hear
and decide, within thirty (30) calendar days after the submission of the case by the parties for decision without extension,
even in the absence of stenographic notes, the following cases involving all workers, whether agricultural or non-
agricultural:
1. Unfair labor practice cases;
2. Termination disputes;
3. If accompanied with a claim for reinstatement, those cases that workers may file involving wages, rates of pay, hours
of work and other terms and conditions of employment;
4. Claims for actual, moral, exemplary and other forms of damages arising from the employer-employee relations;
5. Cases arising from any violation of Article 264 of this Code, including questions involving the legality of strikes and
lockouts; and
6. Except claims for Employees Compensation, Social Security, Medicare and maternity benefits, all other claims arising
from employer-employee relations, including those of persons in domestic or household service, involving an amount
exceeding five thousand pesos (P5,000.00) regardless of whether accompanied with a claim for reinstatement.

b. The Commission shall have exclusive appellate jurisdiction over all cases decided by Labor Arbiters.

c. Cases arising from the interpretation or implementation of collective bargaining agreements and those arising from the
interpretation or enforcement of company personnel policies shall be disposed of by the Labor Arbiter by referring the same
to the grievance machinery and voluntary arbitration as may be provided in said agreements. (As amended by Section 9,
Republic Act No. 6715, March 21, 1989).
1. Unfair labor practice cases;
2. Termination disputes;
3. Money claims with reinstatement;
4. Claims for damages arising out of an employee-employer
relationship;
5. Violations of Art. 264 (prohibited activities during strikes or
lockouts) including the legality of strikes and lockouts; and
6. Money claims exceeding P5,000 even without reinstatement
except for employees’ benefits from SSS, PhilHealth, and
maternity leaves.
7. Claims arising out of any law or contract involving OFWs
concerning their deployment and claims for damages (RA
8042).
Art. 224 also provides that in case the above-
mentioned cases are resolvable by the grievance
machinery in the CBA, voluntary arbitration
proceedings, or agreement of the parties, the Labor
Arbiter must resolve the same by referring to the
grievance machinery and voluntary arbitration as
provided in the agreements.
Only if there is a reasonable causal connection
between the claim asserted and the employee-
employer relations.

e.g. If a salesman employee was promised a house and lot for

being a top salesman for the year, and he was not given such
prize, his claims against his employer to recover such prize
arises from an employee-employer relation. Since he would not
have qualified if he was not an employee (Pepsi v. Martinez).
It is an act of the employer or the union, or any of their
agents, which violates the constitutional rights of
workers to self-organization, which includes:
• The right to form a union;
• To take part in its formation;
• To join or assist a union of their own choosing for
the purpose of collective bargaining and
negotiations, and;
• To engage in concerted activities for mutual help
and protection.
• The President or Secretary may exercise its
jurisdiction over unfair labor practices which may
cause a strike or lockout in a vital industry (Art. 278
(g)).

• The parties may submit an agreement for resolution

of unfair labor practices by voluntary arbitration.
Flagrant and/or malicious refusal to comply with the economic
provisions of the CBA

Gen. Rule: Violations of the CBA are mere grievances subject to

the grievance machinery and voluntary arbitration

XPN: It constitutes unfair labor practice if there is a gross violation

of the CBA pertaining to its economic provisions.
It may either pertain to dismissal or lay-off.
Dismissal Lay-off
The discharge of an employee or The termination initiated by an
his/her termination at the employer without prejudice to
instance of the employer. recall or rehiring of the worker
who has been temporarily
separated from service.
*Discharge: Resolute intention on
the part of the employer to
dispense with the services of an
employee
If an employee is terminated from service without just
cause, then he/she is illegally dismissed. This also falls
under the exclusive original jurisdiction of the labor
arbiter.
 Termination of corporate officers are considered
intra-corporate disputes cognizable by the RTC.

 Termination disputes arising from the

interpretation and implementation of the CBA
are under the powers of voluntary arbitrators.
Claims for wages, rates of pay, hours of work, and
other terms and conditions of employment with claim
for reinstatement.

Although it involves a claim for money it is mainly

considered as a termination suit since reinstatement
is sought. It may even be considered as an illegal
dismissal case.
Money claims arising from the employee-employer
relationship WON reinstatement is sought by any
persons including those in the domestic or household
service.

i.e. Claims for 13th-month pay claims or night

differential and OT pay.

XPNs: Money claims from employees’ compensation,

social security, PhilHealth, and maternity benefits.
• Deduction of tax claims from the employee’s
salaries (i.e. deduction is greater than what is
prescribed by law).

• Deduction of government contributions such as SSS.

 ≤
• Brought by an employee employed in a domestic or
household service, or house helper;
• The claimant is no longer employed an does not
seek reinstatement
• The money claim does not exceed 5,000.
All kinds of damages (under the Civil Code) arising
from an employee-employer relationship.

BP 130 restored the authority of the NLRC and LAs to

award damages to avoid multiplicity of suits. In case
the NLRC or LAs are not allowed to award the same
there can be a case of splitting of cause of actions and
conflicting conclusions based on the same claim.
• Moral Damages: Can be awarded in case the illegal
dismissal is coupled with bad faith or fraud or an
act oppressive to labor or was done in a manner
contrary to morals, good customs, or public policy. \

• Exemplary Damages: Can be awarded in case

moral damages are awarded particularly if the
dismissal is tainted by is unfair labor practice.
YES. The jurisdiction of Labor Arbiters is comprehensive
enough to include to hear a counter-claim of an
employer for damages i.e. for matters connected from
the case filed such as in an illegal dismissal case.
The violation of the prohibited acts and questions of
the legality of strikes and lockouts.

These are cases where the prohibited acts under Art.

264 (279 before) are committed in relation to strikes,
picketing, and lockouts.
Within 30 calendar days from the
submission of the case by the parties for
decision without extension even in the
absence of stenographic notes.
a. Cases involving OFWs under the Migrant Workers Act
b. Over employees of cooperatives
○ Limited only to cases provided in Art. 224 such as for money
claims or illegal dismissal BUT NOT termination of
memberships
c. Over churchmen as employees
○ If the dismissal of a minister is not due to him being
excommunicated or expelled from membership, then the
dispute is not ecclesiastical in nature but SECULAR in form.
d. Over employees of GOCCs without original charters
○ GOCCs with original charters are governed by the provisions
of the Civil Service law while GOCCs without original charters
are governed by the provisions of the Labor Code
● When the Secretary of Labor and Employment
exercises his assumption (pre-emptive) power
under Art. 263 (g) [278 before].

● When the Secretary of Labor and Employment

exercises it compulsory arbitration power over
national interest cases as certified.

● When the parties mutually agree to submit their

case for voluntary arbitration to a panel of
voluntary arbitrators.
 02
POWERS OF THE COMMISSION
Art. 218 (225 before) ,
Labor Code
● Power to issue compulsory process;

● Power to conduct an investigation and hear

disputes or controversy within its jurisdiction;

● Power to hold any person in contempt; and

● Power to issue injunctions and restraining orders.

● Promulgate rules and regulations governing the
hearing and disposition of cases before it and its
regional branches.

● Rules pertaining to its internal functions.

● Such rules and regulations as may be necessary

to carry out the purposes of the Code.
● Administer oaths.

● Summon the parties to a controversy.

● Issue subpoenas ad testificandum and subpoena

duces tecum.
● Conduct investigation for the determination of a
question, matter or controversy within its
jurisdiction.

● Proceed to hear and determine the disputes.

The Commissioner has the power to hold any
person in contempt directly or indirectly and
impose the appropriate penalties for acts
which tend to obstruct of hinder the exercise
of its functions.
● Misbehavior in the presence of or so near the
Chairman or any member of the Commission of
any Labor Arbiter that obstructs or interrupts the
proceedings;
● Disrespects towards the Chairman or its members
or any Labor Arbiter;
● Offensive personalities towards others; and
● Refusal to be sworn or to answer as a witness or to
subscribe to an affidavit or deposition when
lawfully required to do so.
● A person may be held in contempt summarily or
without the need for a hearing.
● Such person may appeal to the Commission and
he execution of judgment will be suspended
pending such resolution
● The person shall also file a bond on the condition
that in case a judgement is rendered against him
he will abide by the judgment of the Commission
● The judgement of the Commission is final and
executory and non-appealable.
WHEN?
Only when ordinary labor disputes are involved and not
for those involving strikes or lockouts.

The Commission may only issue a permanent or

temporary injunction for labor disputes after:
● A hearing the testimony of witnesses, with opportunity
for cross-examination, in support of the allegations of
a complaint made under oath is made;
● A testimony in opposition is made, if offered, and;
● A finding of fact by the Commission of the grounds for
the issuance of the same.
1. That prohibited or unlawful acts have been threatened
and will be committed and will be continued unless
restrained;
2. That substantial and irreparable injury to complainant’s
property will follow;
3. Greater injury will be inflicted upon the complainant by the
denial of the relief than will be inflicted upon defendants by
the granting of relief;
4. That complainant has no adequate remedy at law;
5. That the public officers charged with the duty to protect
complainant’s property are unable or unwilling to furnish
adequate protection.
Hearing is jurisdictional. Without the conduct of a
hearing for the issuance of an injunction, it may
result to the annulment of the proceedings.

Why important? To give the parties an opportunity

to present their witnesses in support of the
complaint and an opportunity to cross-examine the
witnesses. Also to determine if a labor dispute exists.
The function of an injunction is to preserve the status
quo or the last actual peaceful uncontested
situation that precedes a controversy.
● This is not an injunction but only a writ to compel
the parties to maintain the matters in the
controversy in status quo until the question of
WON a temporary or preliminary restraining order
is determined.

● This is merely an interlocutory order or a status

quo order.
1. The complaint alleges a substantial and irreparable injury
to the complainant’s property will be unavoidable;
2. The testimony under oath of the complainant is sufficient
is sustained to justify the issuance of a temporary injunction
3. Filing of an undertaking with an adequate security bond in
an amount fixed by the Commission sufficient to
recompense those enjoined for any loss, expense or
damage caused by the improvident or erroneous issuance
of such order or injunction
4. There must be due notice and hearing when a sworn
testimony of the applicant is received

Note: A TRO may be issue ex-parte since it is merely an

interlocutory order when extreme exigencies require.
● For the employer to provide a higher gap between
the two classes of employees in their salary
scheme.
● If the Board adopts the salary ceiling method
● The employer can increase the salary of the high
pay class employees when an increase in the
salary of the low pay class employees is
implemented due to a wage order.
• Cases certified for compulsory arbitration
by the President or the Secretary of Labor
and Employment.

• Cases on injunction under Arts. 225 and 279

• Contempt cases under Arts. 225

• Cases decided by the Regional Offices of the DOLE
in the exercise of its adjudicatory functions.

• Cases decided by the labor arbiters under Art. 224

and Art. 124 for wage distortion in non-unionized
establishments and case certified by the Regional
director.

• Denial of a claim of 3rd parties where the property

was levied by a Sheriff of the Labor Arbiter.
 03
OCULAT INSPECTION
Art. 219 , Labor Code
Art. 219, Labor Code
The Chairman, any Commissioner, Labor Arbiter or
their duly authorized representatives, may, at any time
during working hours, conduct an ocular inspection on
any establishment, building, ship or vessel, place or
premises, including any work, material, implement,
machinery, appliance or any object therein, and ask
any employee, laborer, or any person, as the case
may be, for any information or data concerning any
matter or question relative to the object of the
investigation.
● Conduct an ocular inspection on any
establishment, building, ship or vessel, place or
premises, including any work, material, implement,
machinery, appliance or any object therein; and

● Ask any employee, laborer, or any person, as the

case may be, for any information or data
concerning any matter or question relative to the
object of the investigation.
 THANK
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ART.227-228,
LABOR CODE
Presented by: Erelyn Joy C. Carpio
ART. 227.TECHNICAL RULES NOT BINDING AND
PRIOR RESORT TO AMICABLE SETTLEMENT
In any proceeding before the Commission or any of the
Labor Arbiter:
Rules of evidence prevailing in courts of law or equity shall not be controlling
and it is the spirit and the intention of this Code that the Commission and its
members; and

Labor Arbiters shall use every and reasonable means to ascertain the facts in
each case speedily and objectively and without regard to technicalities of law
or procedure, all in the interest of due process.

Parties may be represented by legal counsel but it shall be the duty of the
Chairman, any Presiding Commissioner or Commissioner or any Labor Arbiter
to exercise complete control of the proceedings at all stages.
Any provision of law to the contrary notwithstanding, Labor Arbiter shall
exert all efforts towards amicable settlement of a labor dispute within
his jurisdiction on or before the first hearing.

Same rule applies to the Commission in the exercise of its original

jurisdiction.
DOCTRINE OF SPEEDY LABOR JUSTICE
NLRC, free from the technical rules of procedure and evidence,
tasked to administer speedy labor justice

TECHNICAL RULES OF PROCEDURE AND

EVIDENCE, RELAXED IN LABOR PROCEEDINGS

Objective:
1. Speedy disposition of cases, and
2. Ends of justice and fairness would be served.
POSITION PAPER PROCEEDING ALLOWED;
NOT VIOLATIVE OF DUE PROCESS
Labor cases can be decided on the basis of position papers and other
documents submitted by the contending parties without resorting to
technical rules of evidence.
TRIAL is discretionary on the labor arbiter.

PRINCIPLE OF RES JUDICATA

It may not be invoked in labor relations proceedings as it
applies only to judicial or quasi-judicial proceedings and
not to the exercise of administrative powers.
 RULES OF PROCEDURE
It is a mere tools designed to facilitate the attainment of justice, and their
strict and rigid application which would result in technicalities that tend to
frustrate rather than promote substantial justice must always be avoided
Substantive rights must not prejudice by a rigid and technical applications
of rules.
ART. 228.APPEARANCES AND FEES

APPEARANCE OF NON-LAWYER
Non-lawyer can appear in the following instances:
1. If they represent themselves;
2. If they represent their organization or members thereof; and
3. If he is duly-accredited member of the legal aid office duly
recognized by DOJ or IBP in cases referred thereto by the
latter.
ATTORNEY'S FEES, NEGOTIATION FEES OR
SIMILAR FEES FOR A NEGOTIATING CBA
RULE: No attorney’s fees, negotiation fees or similar charges of any kind
arising from any collective bargaining negotiations or conclusion of the
collective agreement shall be imposed on any individual member of the
contracting union.
EXCEPT: Attorney’s fee may be charged against union funds in an amount to
be agreed upon by the parties.

Any contract, agreement or arrangement of any sort to the contrary shall be

null and void.
COLLECTION OF SPECIAL ASSESSMENT PROHIBITED

It is a form of an exaction which falls in the category of a similar charge

and therefore prohibited under the law.

Union’s special assessment for incidental expenses, attorney’s fees and

representation expenses is valid upon concurrence of three (3)
conditions:
1. Authorization by a written resolution of the majority of all members at
the general membership meeting which was called for the purpose;
2. Minutes of the meeting duly recorded by the secretary; and
3. Written authorization for check-off duly signed by each employee
UNION OFFICERS IS NOT ENTITLED
TO ATTORNEY'S FEE
An unfair labor practice is committed in the event a union officer
accepts attorney’s fees for negotiating CBA benefits.

AWARD OF ATTORNEY’S FEES

MUST HAVE SOME BASIS

The text itself must state the reason why attorney’s fees are
being awarded.
THANK YOU FOR
LISTENING!
LABOR RELATIONS

Article 229
Appeals.
Presented by Mika Cuacoyes
 OUTLINE
Overview of Appeal

Appeal of Appeal on
Appeal on
Decision, Decision to
Judgments
Awards or Reinstate Decisions of
involving
Orders of Dismissed or NLRC
Monetary
Labor Arbiter Separated
Award
to NLRC Employee
 A. Overview of Appeal
Supreme Court

Court of Appeals
File an Appeal by Certiorari under Rule 45 for the Judgment of the Court of
Appeals within 15 days from notice of Judgment of C

NLRC
File a Petition for Certiorari under Rule 65 for the Judgment of National
Labor Relations Commission not later than 60 days from denial of Motion
for Reconsideration or notice of Judgment of NLRC (upon specific grounds)

NLRC
File a Motion for Reconsideration for the Judgment of National Labor
Relations Commission within the reglementary period

Labor Arbiter
Appeal the Decision, Award or Order of the Labor Arbiter within 10 days from
receipt thereof
 A. Overview of Appeal
Supreme Court

Court of Appeals
File an Appeal by Certiorari under Rule 45 for the Judgment of the Court of
Appeals within 15 days from notice of Judgment of C

NLRC
File a Petition for Certiorari under Rule 65 for the Judgment of National
Labor Relations Commission not later than 60 days from denial of Motion
for Reconsideration or notice of Judgment of NLRC (upon specific grounds)

NLRC
File a Motion for Reconsideration for the Judgment of National Labor
Relations Commission within the reglementary period

Labor Arbiter
Appeal the Decision, Award or Order of the Labor Arbiter within 10 days from
receipt thereof
 A. Overview of Appeal
Supreme Court

Court of Appeals
File an Appeal by Certiorari under Rule 45 for the Judgment of the Court of
Appeals within 15 days from notice of Judgment of C

NLRC
File a Petition for Certiorari under Rule 65 for the Judgment of National
Labor Relations Commission not later than 60 days from denial of Motion
for Reconsideration or notice of Judgment of NLRC (upon specific grounds)

NLRC
File a Motion for Reconsideration for the Judgment of National Labor
Relations Commission within the reglementary period

Labor Arbiter
Appeal the Decision, Award or Order of the Labor Arbiter within 10 days from
receipt thereof
 A. Overview of Appeal
Supreme Court

Court of Appeals
File an Appeal by Certiorari under Rule 45 for the Judgment of the Court of
Appeals within 15 days from notice of Judgment of C

NLRC
File a Petition for Certiorari under Rule 65 for the Judgment of National
Labor Relations Commission not later than 60 days from denial of Motion
for Reconsideration or notice of Judgment of NLRC (upon specific grounds)

NLRC
File a Motion for Reconsideration for the Judgment of National Labor
Relations Commission within the reglementary period

Labor Arbiter
Appeal the Decision, Award or Order of the Labor Arbiter within 10 days from
receipt thereof
B. Appeal of Decision, Awards or
Orders of Labor Arbiter to NLRC

Decisions, awards, or orders of the Labor Arbiter are final and executory unless
appealed to the Commission by any or both parties within ten (10) calendar days
from receipt of such decisions, awards, or orders. Such appeal may be entertained
only on any of the following grounds:
(a)If there is prima facie evidence of abuse of discretion on the part of the Labor
Arbiter;
(b) If the decision, order or award was secured through fraud or coercion, including
graft and corruption;
(c)If made purely on questions of law; and
If serious errors in the findings of facts are raised which would cause grave or
irreparable damage or injury to the appellant.
Appeal
An elevation by an
aggrieved party of any
decision or award of a
lower body to a higher
body
Statutory privilege
Effect: terminating
compulsory arbitration
 Filing or Non-Filing of an
Appeal

Non- Filing of an Appeal

It shall be final and executory upon
the expiration of the 10-day period
(Doctrine of immutability of final
Filing of an Appeal judgment).

It shall not be final and

Exception: Recomputation of
executory.
consequences of illegal dismissal
since the award may change
because of the interest (Nacar v.
Frames, G.R. No. 189871, 13 August
2013)
 Appeal
·Once the decision, award or order is final and executory, the prevailing
party, as a matter of right, is entitled to a writ of execution and issuance is
a ministerial duty compellable by a writ of mandamus.
Interest: When the judgment of the court awarding a sum of money
becomes final and executory, the rate of legal interest shall be 12% per
annum from such finality until its satisfaction, this interim period being
deemed to be by then an equivalent to a forbearance of credit (Eastern
Shipping v. CA, G.R. No. 97412, 12 July 1994).
Requirements for Perfection of
Appeal

Reglementary Period Verification Memorandum of

Appeal
a. Grounds
b. Arguments
c. Relief
Three Copies Payment of Fees
d. Date of receipt

Proof of Service Posting of Bond Other Requirements

Technicality
It must yield to the broader
interest of substantial
justice. Dismissal of appeal
purely on technical grounds
is frowned upon.
Requirements for Perfection of
Appeal

Reglementary Period Verification Memorandum of

Appeal
a. Grounds
b. Arguments
c. Relief
Three Copies Payment of Fees
d. Date of receipt

Proof of Service Posting of Bond Other Requirements

 Rules on Reglementary Period
From the day of receipt of the proper recipient

Counsels
Party Counsel
Receipt by one of the several
When the party has no counsel When the party has a counsel
counsel is enough.
 Rules on Reglementary Period

Exception
General Rule
NLRC may disregard the procedural lapse where there is an
Mandatory and Jurisdictional
acceptable reason to excuse the tardiness in the taking of an appeal

When the 10th day period falls on a Saturday, Sunday or Holiday, he

party may file the appeal on the next business/working day.
B. Appeal of Decision, Awards or
Orders of Labor Arbiter to NLRC

To discourage frivolous or
dilatory appeals, the
Commission or the Labor
Arbiter shall impose
reasonable penalty,
including fines or censures,
upon the erring parties.
Requirements for Perfection of
Appeal

Reglementary Period Verification Memorandum of

Appeal
a. Grounds
b. Arguments
c. Relief
Three Copies Payment of Fees
d. Date of receipt

Proof of Service Posting of Bond Other Requirements

Rules on Memorandum
of Appeal

If a party files a motion for reconsideration

or petition for relief from judgment, it shall
not be dismissed. The NLRC shall treat is
an appeal.
·If a party files a notice of appeal instead
of a memorandum of appeal, there is no
perfected appeal; hence, the 10-day
period shall not be tolled.
A motion to extend time to file a record of
appeal is allowed.
Requirements for Perfection of
Appeal

Reglementary Period Verification Memorandum of

Appeal
a. Grounds
b. Arguments
c. Relief
Three Copies Payment of Fees
d. Date of receipt

Proof of Service Posting of Bond Other Requirements

 Rules on Service to
Other Party/ies

To allow the other party/ies to file an answer not later than ten (10)
calendar days from the receipt thereof.
However, failure to serve a copy is not a fatal defect. Instead, the NLRC
shall require the appellant to comply with this requirement.
·Effect of Failure to file Answer: Wavier of right
 Issues Raised and Not

Issues Raised
Issues Not Raised
Open for review and any action by
Becomes final and executory
the NLRC
C. Appeal on Judgments involving
Monetary Award

In case of a judgment involving a monetary

award, an appeal by the employer may be
perfected only upon the posting of a cash or
surety bond issued by a reputable bonding
company duly accredited by the Commission
in the amount equivalent to the monetary
award in the judgment appealed from.
 Posting of Bond

It is an indispensable requirement.
It is required for the perfection of an appeal and should
be deposited within the reglementary period.
However, there are instances when posting of bond is not
required.

Cash Deposit Surety Bond Property Bond

·Effectivity: Date of deposit or posting until the case is

finally decided, resolved, terminated or award is satisfied.
Requirements for Perfection of
Appeal

Reglementary Period Verification Memorandum of

Appeal
a. Grounds
b. Arguments
c. Relief
Three Copies Payment of Fees
d. Date of receipt

Proof of Service Posting of Bond Other Requirements

Requirements for Posting of Bond

Original Copy of Amount of Bond Certificate of

Bond accreditation and
authority of the
bonding company

Certified copy of
Certificate of Authority from
Registration from Insurance
SEC Commissions Notarized Board
Resolution or
Secretary’s
Certificate (if
applicable)
A copy of the A copy of the
Indemnity security deposit or
Agreement collateral
 Motion to Reduce Bond

A motion to reduce bond is allowed, but it is discretionary

on the part of the NLRC.
The motion to reduce bond shall not stop the running of
the reglementary period.

It shall be
accompanied by
partial bond, the
The motion shall be
It shall be based on amount of which
filed within the
meritorious ground should be
reglementary period
reasonable in
relation to the
monetary awards.
D. Appeal on Decision to Reinstate
Dismissed or Separated Employee

In any event, the decision of the Labor Arbiter

reinstating a dismissed or separated employee,
insofar as the reinstatement aspect is concerned,
shall immediately be executory, even pending
appeal. The employee shall either be admitted
back to work under the same terms and
conditions prevailing prior to his dismissal or
separation or, at the option of the employer,
merely reinstated in the payroll. The posting of a
bond by the employer shall not stay the execution
for reinstatement provided herein.
Reinstatement
·It is a valid exercise of
police power of the State.
 Two Options

Actual Payroll
reinstatement reinstatement

If the decision to reinstate an employee is reversed, the

employee is not compelled to reimburse the salaries he or
she has received.
E. Decisions of NLRC

The Commission shall decide all

cases within twenty (20)
calendar days from receipt of the
answer of the appellee. The
decision of the Commission shall
be final and executoryafter ten
(10) calendar days from receipt
thereof by the parties.
 ARTS. 230 & 231
LABOR CODE
ENFORCEMENT OF DECISIONS, ORDERS OR AWARDS
CONTEMPT POWERS OF THE SECRETARY OF LABOR
❑Execution
◦ Fruit and end of the law; life of the law

❑Writ of Execution (writ of fieri facias)

◦ Issued from a court or other tribunal to the sheriff or other proper officer directing
to carry into effect a judgment previously obtained
Duties of NLRC, Secretary of Labor,
Sheriff
◦ May designate special sheriffs and take any measure under existing laws to ensure
compliance with their decisions, orders or awards and those of the Labor Arbiters
and voluntary arbitrators, including the imposition of administrative fines
◦ Sheriff has the duty to proceed with reasonable promptitude to execute the writ
pursuant to its mandate
◦ Failure to make a return makes him guilty of malicious nonfeasance warranting
dismissal
❑Issuance of writ a ministerial duty
◦ Once the decision has become final and executory, the issuance of the writ is a
ministerial duty on the part of the Labor Arbiter
◦ Compellable by mandamus

❑NLRC’s power to issue writ of execution carries

with it the right to look into its correctness
◦ NLRC has the duty to consider supervening events and inquire into the correctness
of the execution
❑General supervisory control over process of
execution
◦ The court which rendered the judgment has general supervisory control over its
process of execution, it being merely adjunct to the main case.
◦ Any irregularities in the execution of judgment brought about by the enforcement of
a deed of writ of execution must be litigated in the court which issued the
controversial writ of execution.
❑Writ of execution must conform strictly with every
essential particular of the judgment
◦ Where it is in excess of and beyond the original judgment or award, the execution is void

❑Order of execution of final and executory judgment

◦ General Rule: Not Appealable
◦ Exceptions:
1) Where the Order of Execution varies or goes beyond the terms of the judgment it
seeks to enforce;
2) Where the terms of the judgment are ambiguous and leave a room for doubt; and
3) Where the implementation of the Order was irregular
❑Writ of execution restrained before finality of
judgment not valid
◦ A writ of execution issued before a judgment has become final and executory is
invalid. Hence, its execution can be restrained.

❑Incomplete judgment cannot be subject of

execution
❑Execution pending appeal
◦ Exception to the general rule of issuance upon finality of judgments
◦ Reason: In harmony with the social justice principle that poor employees who have
been deprived of their only source of livelihood should be provided the means to
support their families.

❑Execution by independent action

◦ After the lapse of 5 years, the judgment becomes dormant and may only be enforced
by an independent action before the Regional Arbitration Branch of origin and within
a period of 10 years from the date of its finality.
❑Where to file motion for execution; 5-year rule
◦ General Rule: Labor Arbiter, within 5 years from date of finality
◦ Exception: Even after 5 years but only on meritorious grounds
◦ The parties may also agree to defer or suspend the enforcement of a judgment
➢5-year period is interrupted
❑Grounds for motion to quash writs
a) Where the writ has been improvidently issued
b) Where the writ has been issued not to the proper party
c) Where the judgment debt has already been fully paid
d) Where the writ has been issued without authority
e) Where there is change in the situation of the parties that makes the execution
inequitable
f) where there is irregularity in the issuance of the writ that makes it defective
❑Remedy for stubborn refusal of employer to
reinstate employee
1) LA shall immediately issue a writ of execution, even pending appeal, directing the
employer to immediately reinstate the dismissed employee either physically or in
the payroll, and to pay the accrued salaries as a consequence of such non-
reinstatement
2) To ensure proper implementation of the writ, the remedy is to move to cite the
employer for contempt due to its disobedience
❑Third party claim; remedy against wrongful
execution
1) File a third-party claim for the purpose of asserting his title to or right to the possession of the
property levied upon. File it with the Sheriff ’s Office and copies thereof served upon the NLRC or
LA who issued the writ and the prevailing party.
2) All proceedings with respect to the execution will be automatically suspended. HOWEVER, where
the prevailing party puts up an indemnity bond in a sum not less than the value of the property
levied, execution proceeds.
3) NLRC or LA who issued the writ will conduct a hearing with due notice to all parties and resolve
the validity of the claim within 10 days.
4) The decision on the third-party claim is appealable to the NLRC within 10 days.
a) Third-party claim is valid – Sheriff will release the property to the third-party claimant and the
levy on execution is immediately lifted or discharged.
b) Third-party claim is without factual or legal basis – Sheriff proceeds with the execution of the
property levied upon as if no claim has been filed
❑Execution against the company under
rehabilitation receivership
1) A stay of execution is warranted if the corporation is placed under rehabilitation
receivership.
2) Once the receivership proceedings had ceased and the rehabilitation receiver and
liquidator had been given the imprimatur to proceed with the corporate liquidation
– execution may then proceed.
 Direct Contempt
A person guilty of misbehavior in the presence of or so
near the Office of the President, the Secretary of Labor,
the Chairman, or any member of the Commission, any
Labor Arbiter, Med-Arbiter, Conciliator, Regional
Director, Director of the Bureau, as to obstruct or
interrupt the proceedings before the same, including
disrespect toward said officials, offensive personalities
toward others, or refusal to be sworn or to answer as a
witness or to subscribe an affidavit or deposition when
lawfully required to do so
May be summarily adjudged in direct contempt by said
officials and punished by fines not exceeding five
hundred pesos (P500.00) or imprisonment not exceeding
five (5) days or both, if it be the Secretary, the
Commission or members thereof, or a fine not exceeding
one hundred pesos (P100.00) or imprisonment not
exceeding one (1) day, or both, if it be the Bureau
Director or Labor Arbiter.
Indirect Contempt
An act committed outside of the presence of the DOLE
Secretary which tends to despise, degrade, obstruct or
embarrass him in the administration of justice such as a
letter marked with malice, bad faith and gross disrespect.
Indirect contempt shall be dealt with by the Commission
or Labor Arbiter, Med-Arbiter, Conciliator, Regional
Director, Director of the Bureau, Secretary of Labor
and Office of the President in the manner prescribed
under Rule 71 of the Revised Rules of Court.
“…fine not exceeding thirty thousand pesos or
imprisonment not exceeding six (6) months, or both…”
❑Appeal in direct contempt
◦ By the Labor Arbiter – appeal to the NLRC
◦ Bureau Director – appeal to the Secretary of Labor
➢ Execution of the judgment shall be suspended pending the resolution of the
appeal upon filing of bond on condition that he will abide by and perform the
judgment should the appeal be decided against him
◦ By the NLRC and Secretary of Labor
➢Immediately executory and inappealable
Thank
you!!
 TITLE III
BUREAU OF LABOR RELATIONS
 Art. 232. Bureau of Labor
Relations.
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, and all disputes,
grievances or problems arising from or affecting labor-management
relations in all workplaces, whether agricultural or non-agricultural, except
those arising from the implementation or interpretation of collective
bargaining agreements which shall be the subject of grievance procedure
and/or voluntary arbitration.

The Bureau shall have fifteen (15) working days to act on labor cases before
it, subject to extension by agreement of the parties. Concurrent original and
exclusive jurisdiction of the Bureau of Labor Relations and Labor Relations
Divisions of the Regional Office
 concurrent and original exclusive
authority to act, at their own
initiative or upon request of either or
both parties, on the following:
1. All inter-union conflicts;
2. All intra-union conflicts; and
3. All disputes or problems arising from or affecting labor-
management relations in all workplaces, except those arising
from the implementation or interpretation of CBAs which shall
be the subject of grievance procedure and/or voluntary
arbitration.
 Concurrent
Concurrent
administrative
administrative
functions
functions
1. Registration of labor unions;
2. Keeping of registry of labor
unions;
3. Keeping a file of all CBAs.
 Decisions of the LRD
denying the registration
of labor unions are
appealable to by the
applicant union to the
appealable BLR within 10 days from
decisions receipt of notice thereof;

Decisions of Med-Arbiters
in intra-union disputes
 The BLR has original and
exclusive jurisdiction over:
Kinds of cases Inter-union disputes;

within BLR’s Intra-union disputes;

Other related labor
jurisdiction relations disputes
 Inter-union
Dispute/Representation
Dispute
Refers to a case involving a petition for certification election filed by a duly
registered labor organization which is seeking to be recognized as the sole and
exclusive bargaining agent of the rank-and-file employees or supervisory employees
in the appropriate bargaining unit of a company, firm or establishment.

It also refers to any conflict between and among legitimate labor unions involving
representation questions for purposes of collective bargaining or to any other
conflict or dispute between legitimate labor unions.
 Intra-union Dispute/Internal
Union Dispute/Organizational
Dispute
Refers to any conflict between and among union members, including grievances
arising from any violation of the rights and conditions of membership, violation of or
disagreement over any provision of the union’s constitution and by-laws or disputes
arising from chartering or affiliation of a union.

It also refers to a case involving the control, supervision, and management of the
internal affairs of a duly registered labor union, i.e. relating to specific violations of
the union’s constitution and by-laws.
 Intra-union Dispute/Internal
Union Dispute/Organizational
Dispute
1. Conduct or nullification of election of union and
workers’ association officers
9. Disagreements over chartering or registration of
2. Audit/accounts examination of union or workers’
labor organizations or the registration of CBAs
association funds 13. Such other disputes or conflicts involving the
10. Violations of the rights and conditions of
3. Deregistration of CBAs membership in a union or workers’ association; rights to self-organization, union membership and CB
4. Validity/invalidity of union affiliation or 11. Violations of the rights of LLO, except –
disaffiliation interpretation of CBAs a. Between and among LLO and
5. Validity/invalidity of acceptance/ nonacceptance 12. Validity/invalidity of impeachment/ b. Between and among members of a union or
for union membership expulsion/suspension or any disciplinary action meted workers’ association. (IRR as amended by D.O. 40-F-
6. Validity/invalidity of voluntary recognition against any officer and member, including those
03, Book V, Rule XI, Sec. 1)
7. Opposition to application for union or CBA arising from non-compliance with the reportorial
registration requirements under Rule V;
8. Violations of or disagreements over any provision
of the constitution and by-laws of union or
workers’ association
 Any conflict between:

a. A labor union and the Er;

Coverage of the phrase b. A labor union and a group that is not a LO; or
c. A labor union and an individual who is not a
“other related labor member of such union

relations disputes” Cancellation of registration of unions and worker’s

associations filed by individual/s other than its members,
or group that is not a LO.

A petition for Interpleader involving labor relations. (IRR

as amended by D.O. 40-F-03, Book Vi, Rule XI, Sec. 2)
D.O. 40-03, Rule XI, Sec. 5
Filing a complaint or petition involving
intra/inter-union disputes
A legitimate labor organization or its members may file a
complaint or petition involving intra/inter-union disputes.
GR: Redress must first be sought within the union itself
in accordance with its constitution and by-laws.
XPNs:
1. Futility of intra-union remedies;
2. Improper expulsion procedure;
3. Undue delay in appeal as to constitute substantial injustice;
4. The action is for damages;
5. Lack of jurisdiction of the investigating body; action for the
administrative agency is patently illegal, arbitrary and oppressive;
6. Issue is purely a question of law;
7. Where the administrative agency had already prejudged the case; and
8. Where the administrative agency was practically given the opportunity
to act on the case but it did not.
 1. Regional Office that issued their certificates of registration or

Venue of complaints certificates of creation of local chapter – complaints or petitions

involving labor unions with independent registrations, local
chapters, workers’ associations, or their officers or members
involving independent 2. DOLE RD (may appoint a Hearing Officer form the LRD) – a.

unions, local chapters or petitions for cancellation of registration of labor unions with
independent registration of local chapters; and b. workers’

workers’ associations associations and petitions for deregistration of CBAs

3. Med-Arbiter in the RO of DOLE – other inter-union or intra-

union disputes
Venue of complaints
involving federations, 1. Regional Office
national unions or industry 2. BLR
unions
Effects of filing or pendency of inter-union
or intra-union and other related labor
relations disputes
1. The rights, relationships and obligations of the parties-litigants
against each other and other parties-in-interest prior to the
institution of the petition shall continue to remain during the
pendency of the petition and until the date of finality of the decision
rendered therein

2. The filing or pendency of any inter-union or intra-union dispute

and other related labor relations dispute is not a prejudicial question
to any petition for certification election and shall not be a ground for
dismissal of a petition for certification election or suspension of the
proceedings therein.
 A decision in an inter/intra-union dispute may be appealed.

1. Formal Requirements
a. Under oath

Rules on
b. Consist of a memorandum of appeal
c. Based on either of the following grounds:

i. Grave abuse of discretion

appeal in ii. Gross violation of the rules

iii. With supporting arguments and evidence

2. Period – Within 10 days from receipt of decision. (D.O. 40-03, Rule XI,

intra/inter- Sec. 16)

3. To whom appealable
a. BLR – If the case originated from the Med-Arbiter/Regional Director

union disputes b. SLE – If the case originated from the BLR

4. Where Filed – Regional Office or to the BLR, where the complaint

originated. Records are transmitted to the BLR or Sec. within 24 hours from
the receipt of the memorandum of appeal. (D.O. 40-03, Rule XI, Sec. 17)
 NATIONAL CONCILIATION AND
MEDIATION BOARD (NCMB)

refers to the agency attached to the DOLE principally in-charge of the

settlement of labor disputes through conciliation, mediation and of the
promotion of voluntary approaches to labor dispute prevention and
settlement.
 1. Administrator

2. 2 Deputy Administrators – appointed by

the President upon recommendation of the
SOLE

3. Executive Conciliators-Mediator – heads

Composition of each branch of the NCMB

the NCMB 4. Conciliators-Mediators – as many as the

needs of the public service may require, who
shall have:

a. At least 3 years of experience in

handling labor relations; and
b. Appointed by the SOLE.
 1. Formulate policies, programs, standards, procedures,
manuals of operations and guidelines pertaining to effective
mediation and conciliation of all labor dispute;
2. Perform preventive mediation and conciliation functions;
3. Coordinate and maintain linkages with other sectors of
institutions, and other government authorities concerned
with matters relative to the prevention and settlement of
labor disputes;

Functions of 4. Formulates policies, plans, programs, standards, procedures,

manuals of operations and guidelines pertaining to the
promotion of cooperative and non-adversarial schemes,

the NCMB grievance handling, voluntary arbitration and other voluntary

modes of dispute settlement;
5. Administer the voluntary arbitration program,
maintain/update a list of voluntary arbitrators, compile
arbitration awards and decisions;
6. Provide counseling and preventive mediation assistance
particularly in the administration of collective agreements;
7. Monitor and exercise technical supervision over the Board's
programs being implemented in the regional offices; and
8. Perform such other functions as may be provided by law or
assigned by the Secretary.
Conciliator-Mediator
refers to an officer of the NCMB whose
principal function is to assist in the
settlement and disposition of labor-
management disputes through
conciliation and preventive mediation
Conciliation or mediation
the process whereby a third person call the
Conciliator or Mediator, intervenes in a dispute
involving 2 or more conflicting parties
 CONCILIATION
An intervention by a neutral third party.
The conciliator relies on his persuasive
expertise and takes an active role in
assisting parties by trying to keep disputants
talking, facilitating other procedural niceties,
carrying messages back and forth between
the parties, and generally being a good
fellow who tries to keep things calm and
forward-looking in a tense situation.
It is the process where a disinterested 3rd
party meets with management and labor, at
their request or otherwise, during a labor
dispute or in CB conferences, and by cooling
tempers, aids in reaching an agreement.
MEDIATION
An intervention by a neutral third party.
The mediator starts advising the parties or
offering solutions or alternatives to the
problems with the end in view of assisting
them towards voluntarily reaching their own
mutually acceptable settlement.
It is when a 3rd party studies each side of the
dispute then makes proposals for the
disputants to consider. The mediator cannot
make an award nor render a decision.
 PREVENTIVE MEDIATION
Refers to the potential labor dispute which is the subject of a formal or informal request for conciliation and
mediation assistance sought by either or both parties or upon the initiative of the NCMB to avoid the occurrence
of an actual labor dispute.

Preventive mediation proceeding may be initiated in two (2) ways:

1. By filing a notice or request of preventive mediation, as distinguished from a notice of strike/lockout, or

2. By conversion of the notice of strike/lockout into a preventive mediation case.
1. When the issues raised in the notice of
strike/lockout are not strike-able in
character;

2. When the party which filed the notice of

strike/lockout voluntarily asks for the
conversion;

3. When both parties to a labor dispute

mutually agree to have it subjected to
preventive mediation proceeding.
Valid issues for a A notice of strike or lockout maybe filed on ground of ULP
acts, gross violation of the CBA, or deadlock in CBAs.

notice of In case of preventive mediation, any issue may be

strike/lockout or brought before the NCMB Central Office or its regional

offices for conciliation and possible settlement through a
letter.
preventive mediation
 Jurisdiction of the DOLE
Regional Directors
The Dole Regional Directors have original and exclusive jurisdiction over the following cases:

1. Labor standards enforcement cases under Art. 128;

2. Small money claims cases arising from labor standards violations in the amount not
exceeding P5,000.00 and not accompanied with a claim or reinstatement under Art. 129;
3. Occupational safety and health violation;
4. Registration of unions and cancellation thereof, cases filed against unions and
other labor relations related cases;
5. Complaints against private recruitment and placement agencies for local employment; and
6. Cases submitted to them for voluntary arbitration in their capacity as Ex- Officio Voluntary
Arbitrators under D.O. No. 83 - 07, Series of 2007.
 DOLE SECRETARY
SOLE has jurisdiction over the following cases:

1. Assumption of jurisdiction over cases where labor disputes are likely to cause a
strike or lockout in an industry indispensable to national interest (D.O. 40- G03, S 2010)
2. Visitorial powers to over employers (Art. 128)
3. Issue a writ of execution on a judgmen (Art. 224)
4. Suspend the effects of the termination pending resolution of the dispute in the event of a
prima facie finding by the appropriate official of the Department of Labor and Employment
before whom such dispute is pending that the termination may cause a serious labor dispute
or is in implementation of a mass lay-off [Art. 277 (b)]
 Cases within the appellate jurisdiction
of the SOLE
1. Appeal from and adverse decision of the POEA. (2003 POEA Rules and Regulations,
Rule V, Part VII, Sec. 1; Eastern Mediterranean Maritime Ltd. And Agemar Manning Agency
Inc., v. Surio et. al., G.R. No. 154213, Aug. 23, 2012)

2. Appeal the order or results of a certification election on the ground that the Rules and
Regulations or parts thereof established by the SLE for the conduct of election have been
violated. (LC, Art. 259)

3. A review of cancellation proceedings decided by the BLR in the exercise of its exclusive and
original jurisdiction. (Abbott Laboratories Philippines, Inc. v. Abbott Laboratories Employees
Union, G.R. No. 131374, Jan. 26, 2000)
TITLE III

Bureau of
Labor
Relations
Irene Gapay Labor Law II
Outline Compromise Agreement (Art. 233)
Mandatory Conciliation and Endorsement of cases (Art. 234)
[REPEALED BY B.P. 130] Indorsement of cases to Labor Arbiters
Issuance of Subpoena (Art. 235)
Appointment of Bureau Personnel (Art. 236)
Registry of Unions and File of Collective Bargaining Agreements
(Art. 237)
Prohibition on Certification Election (Art. 238)
Privileged Communication (Art. 239)

Labor Law II
 ART. 233. [227] Compromise Agreements. Any
compromise settlement, including those
involving labor promise 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
Compromise binding upon the parties. The National Labor
Agreement Relations Commission or any court shall not
assume jurisdiction over issues involved therein
except in case of non-compliance thereof or if
there is prima facie evidence that the
settlement was obtained through fraud,
misrepresentation, or coercion.
 A compromise is a contract whereby the
parties, by making reciprocal concessions,
avoid litigation or put an end to one already
commenced (Art. 2028, New Civil Code)

Compromise must not be contrary to law, morals,

Agreement good customs, public order, or public
policy
must be in writing
must be voluntarily agreed upon by
parties
 General rule: judgment rendered in
accordance with a compromise
agreement is not appealable and is
immediately executory.
Compromise
Agreement Exception: a motion is filed to set
aside the agreement on the ground of
fraud, mistake, or duress in which
case an appeal may be taken against
the order denying the motion.
 A compromise upon its perfection
becomes binding upon the parties
and has the effect and authority of res
Compromise judicata even if not judicially
Agreement approved.

It can only be rescinded on the ground

of vitiated consent.
 General Rule: the NLRC or any court
shall not assume jurisdiction over
issues involved in a compromise

Exceptions:
Compromise
1. In case of non-compliance of the
Agreement compromise agreement; or
2. If there is prima facie evidence that
the settlement was obtained
through fraud, misrepresentation
or coercion.
 A compromise agreement not binding
on a party without participation

Compromise
Agreement
 A quitclaim, in relation to labor law, is
defined as a waiver of a claim by an
employee against his employer.
Quitclaims
 Elements of a valid waiver:
1. that the right exists;
2. that the person involved has
When knowledge, actual or constructive,
Quitclaims of the existence of such right; and
and waivers
3. that said person has actual intention
valid and
to relinquish the right
binding
In addition, it must be couched in clear
and unequivocal terms.
 (a) where it is shown that the person
making the waiver did so voluntarily;
(b) he has full understanding of what he
When was doing;
Quitclaims (c) the consideration for the quitclaim
and waivers
is credible and reasonable (Ibid.);
valid and
(d) there is no fraud or deceit on the
binding
part of any of the parties; and
(e) the contract is not contrary to law,
public policy, morals or good customs
 (a) where it is shown that the person
making the waiver did so voluntarily;
(b) he has full understanding of what he
When was doing;
Quitclaims (c) the consideration for the quitclaim
and waivers
is credible and reasonable (Ibid.);
valid and
(d) there is no fraud or deceit on the
binding
part of any of the parties; and
(e) the contract is not contrary to law,
public policy, morals or good customs
Indorsement ART. 234. [Repealed by B.P. 130]
of cases to
Indorsement of cases to
Labor
Labor Arbiters.
Arbiters
 ART. 235. [229] Issuance of Subpoenas.
- The Bureau shall have the power to
require the appearance of any person
Issuance of 0 the production of any paper,
Subpoenas document or matter relevant t: a labor
dispute under its jurisdiction either at
the request of any interested party or
at its own initiative.
 Bureau of Labor Relations

Issuance of
Subpoenas

subpoena ad testificandum
subpoena duces tecum
 ART. 236. [230] Appointment of Bureau
Personnel. - The Secretary of Labor and
Employment may appoint, in addition to
Appointment the present personnel of the Bureau
of Bureau and the Industrial Relations Divisions,
Personnel such number of examiners and other
assistants as may be necessary to carry
out the purpose of this Code.
 ART. 237. [231] Registry of Unions and File of Collective
Agreements. -The Bureau shall keep a registry of
legitimate labor organizations. The Bureau shall also

Registry of maintain a file of all collective bargaining agreements

and other related agreements and records of
Unions and settlement of labor disputes, and copies of orders,
File of and decisions of voluntary arbitrators. The file shall
Collective be open and accessible to interested parties under
conditions prescribed by the Secretary of Labor and
Agreements Employment, provided that no specific information
submitted in confidence shall be disclosed unless
authorized by the Secretary, or when it is at issue in
any judicial litigation or when public interest or
national security so requires.
 Procedure
for
Registration
of Collective Note:
Bargaining CBA is valid even
without

Agreement certification by
the BLR
Non-compliance
with 30-day filing
does not affect
substantive
validity of CBA
 ART. 238. [232] Prohibition on
Certification Election. - The Bureau shall
Prohibition not entertain any petition for
on certification election or any other
Certification action which may disturb the
Election administration of agreements affecting
the parties except under Articles 264,
265, and 268 of this Code.
 The existence of a duly registered
collective bargaining
agreement bars the holding of a
Contract-bar
certification election or any action
Rule
that may disturb said CBA. The rule
is intended to promote stability
and fairness in CBAs
 (a) the collective bargaining agreement (CBA)
has been duly executed in conformity with law
and duly registered;
(b) it was ratified by the majority of all the
workers in the bargaining unit;
(c) it is adequate or complete for the terms and
Requisites for
conditions of employment are not substandard;
Contract-bar (d) it embraces the employees in the appropriate
Rule bargaining unit;
(e) it was not hastily entered into or prematurely
extended;
(f) it is for a definite period (representation - five
[5] years, renegotiation - three [3] years);
 (g) neither there was schism nor mass
disaffiliation that affects the bargaining
agent during the lifetime of CBA
(h) the contracting union is the certified
Requisites for bargaining agent in the bargaining unit;
Contract-bar (i) the bargaining agent is not a captive
Rule union ; and
(j) the CBA can be terminated/modified
only during the 60-day freedom period
(Arts. 264, 265, 268).
 (a) The CBA is unregistered
(b) The CBA is inadequate or incomplete
(c) The CBA was hastily entered into
(d) Withdrawal of affiliation from the
Exceptions to contracting union brought about by
the Contract- schism or split, or mass disaffiliation
bar Rule (e) The automatic renewal clause in the
CBA will not apply
(f) Contract where the identity of the
representative is in doubt
 (g) A CBA entered into between the employer
and the union during the pendency of a
petition for certification election
(h) A CBA concluded between the employer
and the union (incumbent bargaining agent)
(i) A CBA registered with falsified supporting
Exceptions to
documents
the Contract- (j) A CBA entered into with a labor union that
bar Rule is not the exclusive bargaining agent in the
company premises
(k) The petition for certification election is
filed within the sixty-day freedom period
before the expiration of the CBA.
 Certification election can still be held even
if the collective agreement were certified
considering the peculiar facts of the case

Exceptions to
the Contract-
bar Rule

Good policy Equity

 ART. 239. [233] Privileged
Communication.-Information and
statements made at conciliation
proceedings shall be treated as
privileged communication and shall not
Privileged
be used as evidence in the Commission.
Communication
Conciliators and similar officials shall
not testify in any court or body
regarding any matters taken up at
conciliation proceedings conducted by
them.
 Information and statements made at
conciliation proceedings:

Privileged
Communication

Inadmissible
evidence
 Thank you
FOR LISTENING!
 LABOR ORGANIZATIONS
REGISTRATION AND CANCELLATION
Art. 240-243
 LEARNING OBJECTIVES
Know the Know how the
requirements of Application is
registration acted upon
Art. 240 Art. 242

Art. 241 Art. 243

Know the Know the remedy of
requirements in appeal when
Chartering and Registration is
Creation of a Local denied
Chapter
ART. 240. [234]
Requirements of registration.
A federation, national union or industry
or trade union center or an independent
union 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:
 REQUIREMENTS:
registration fee

Officers Name & Address, principal address of the labor

organization, minutes of the org. meeting and list of workers who
attended it.

In case the applicant is an independent union, the names of all

its members comprising at least 20% of all the employees in the
bargaining unit where it seeks to operate;
 REQUIREMENTS:
If the applicant union has been in existence for one or more
years, copies of its annual financial reports; and

Four 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.
 BURNING QUESTION
What is the purpose of
registration?
to protect both labor and the public against
abuses, fraud, or impostors who pose as
organizers, although not truly accredited
agents of the union they purport to represent
 rights of a legitimate labor organization

A B C D

Right of Right to be Right to Right to sue and

representa certified as the acquire and to be sued in its
tion exclusive dispose of own registered
bargaining agent property name.
in the bargaining
unit.
 rights of a legitimate labor organization

E F G D

Right to engage Right to be exempted Right to be

in activities from taxes furnished a copy
which will of employer's
redound to the audited financial
welfare and statements
benefit of the
union members
 Labor organization required to register
Under Art. 240 of the Labor Code

Federation National Industry

union union

Trade Independent
union union
center
 DEFINITIONS:

Federation, national union or industry union

● refers to a group of legitimate labor organizations in private

establishments organized for collective bargaining purposes or for
dealing with employers concerning the terms and conditions of
employment of its member-unions or for participating in the formulation
of social and employment policies, standards and programs and is
registered with the BLR
 DEFINITIONS:

Trade union center,

● is any group of registered national unions or federations organized for

the mutual aid and protection of its members for assisting such members
in collective bargaining, or for participating in the formulation of
social and employment policies, standards, and programs, and is duly
registered with the BLR
 DEFINITIONS:

Independent union

● a labor organization operating at the enterprise level which acquired

legal personality through independent registration under Art. 240 of
the Labor Code and Rule III, Sec. 2-A, Book V of the Rules to Implement
the Labor Code
 Where to register
For independent Unions, Local For Federations,national unions
chapters, worker’s Associations or workers’ associations
Department of Labor and
Employment (DOLE)Regional Bureau of Labor Relations
Office where it principally
operates
 ● name of the applicant labor union, its

Requirements principal address, name of its officers,

their addresses, Approximate number of

for
employees in the bargaining unit.

the minutes of the organizational meeting

registration of
●
and the list of employees who
participated in the meeting

labor ● the name of all its members comprising at

organizations
least 20% of the employees in the
bargaining unit;

● the annual financial reports if the

applicant has been in existence for one
(1) or more years
 Requirements
● the name of the applicant association,
its principal address, the name of its
officers and their respective addresses;

for ● the minutes of the organizational meeting

and the list of members who participated
registration of ● the annual financial reports if the

workers' applicant has been in existence for one

(1) or more years

association ●

●
the applicant's constitution and by-laws

a resolution of membership of each member

association, duly approved by its board
of directors; (workers' association
operating in more than 1 year)
● report of creation of a chartered local;
charter certificate
Requirements
for notice of ● proof of approval or ratification of

change of change of name;

name of a ● the amended constitution and by-laws

(Secs. 3 and 4, Rule III, ibid.).

labor
organization
 Requirements ● resolution of the labor union's board of
directors approving the affiliation;

of affiliation ● minutes of the general membership meeting

approving the affiliation;

of ● the total number of members comprising

independently the labor union and the names of members

who approved the affiliation.

registered ● the certificate of affiliation issued by

the federation in favor of the
labor independently registered labor union

organizations ● written notice to the employer concerned

if the affiliating union is the incumbent
bargaining agent
Requirements ● the minutes of merger convention or

of general membership meeting(s) of all the

merging labor organizations, with the
list of their respective members who
merger approved the same

of labor ● the amended constitution and by-laws and

organizations minutes of its ratification,

Requirements ● the minutes of consolidation convention

of
of all the consolidating labor
organizations, with the list of their
respective members who approved the same;

consolidation ● the amended constitution and by-laws,

of labor
minutes of its ratification transpired in
the consolidation convention or in the
same general membership meeting(s), which

organizations fact shall be indicated accordingly.

 ● The payment of registration fee:

Requirements ● The names and addresses of the

officers, the principal address of
for the organization, the minutes of
the organiza tional meeting and the
registration of list of the employees who
participated in such meeting shall

government be submitted;

The names of employees comprising

employees'
●
at least twenty percent (20%) of
all the employees in the
organization appropriate organizational unit
where it seeks to operate shall
likewise be submitted;
Registration of government employees'
organization
Register Application

CSC and DOLE Bureau of Labor

Relations of DOLE

OR

Regional Offices
of DOLE
immediately transmit the said
applications within three (3) days
from receipt
 Requirements ● Four (4) copies of the constitution
for and by-laws, minutes of its
adoption and the list of employees

registration of who participated therein shall be

submitted; and

government ● The application shall be signed by

at least twenty percent (20%) of
employees' the employees in the appropriate
bargaining unit (Ibid.).
organization
Registration of government employees'
organization
Approval of
certification
Chairman
of CSC
Issuance of a Jointly
approved
registration by: Secretary
certificate of DOLE
ART. 241. [234-A]
Chartering and Creation of a Local Chapter. .
A duly registered federation or national
union may directly create a local chapter
by issuing a charter certificate
indicating the establishment of the local
chapter. The chapter shall acquire legal
personality only for purposes of filing a
petition for certification election from
the date it was issued a charter
certificate.
 The chapter shall be entitled to all other rights and privileges of a legitimate labor
organization only upon the submission of the following documents in addition to
its charter certificate:
The names of the chapter's officers, their addresses, and the
principal office of the chapter; and

The 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.
The additional supporting requirements shall be
certified under oath by the secretary or treasurer
of the chapter and attested by its president.
(As inserted by Sec. 2, R.A. 9481 which lapsed into law on 25 May
2007 and became effective on 14 June 2007.)
 NOTES:
The 20% membership requirement not applied to
chartering of a local chapter
Reason: it is not subject to the more stringent rules
for creation and registration. Chartering of a local
chapter is made by the mere issuance in its favor a
charter certificate by the federation or national
union.
 NOTES:
Purpose of Issuance of a charter certificate

for certification election

-can be made from the date it was issued a charter
certificate

The certificate does not clothe the local chapter

with complete and full legal personality.
 BURNING QUESTION
What is the purpose of
affiliation?
to increase, by collective action, the common
bargaining power of local unions for the effective
enhancement and protection of their interest.
right of the local union to declare its autonomy
a local union which affiliated itself with a federation
is free to sever such affiliation anytime and such
disaffiliation cannot be considered disloyalty.

In the absence of specific provisions in the

federation's constitution and by-laws prohibiting
disaffiliation or the declaration of autonomy of a local
union, a local may dissociate with its parent union. .
 Right to check-off federation dues ceases with disaffiliation
The company cannot continue the check-
off in favor of the federation after
the former was duly notified of the
disaffiliation and of the local
union's members having already
rescinded their check-off
authorization.

However, the right of the local union

to collect union dues is not affected
by its disaffiliation for the reason
that it continues to represent the
employees notwithstanding such
disaffiliation .
Disaffiliation of the local union from the federation
not violative of the union security clause
The union security clause in the CBA cannot be used to justify
the dismissal of the employees who voted for the disaffiliation
of the local union from the federation or national union.

Where the whole union withdrew from the federation with which it
was affiliated, there can be no violation of the union security
clause in the CBA.

.
 New collective bargaining agent, not bound by the personal
undertakings of the former bargaining union

However, the newly certified

collective bargaining agent may
voluntarily assume all the personal
undertakings made by the former
bargaining agent
Local union's disaffiliation from the federation and
enters into a CBA, not an unfair labor practice
Since the disaffiliation was valid, the federation ceases to
have any legal personality to represent the local union in the
CBA negotiation.
.
ART. 242. [235]
Action on Application.
The Bureau shall act on all applications
for registration within thirty (30)
days from filing.

All requisite documents and papers shall

be certified under oath by the
secretary or the treasurer of the
organization, as the case may be, and
attested to by its president.
What MuST BE Certified and attested?
All requisite documents and papers, such as:
1. The application for registration of a labor union or a workers'
association,
2. notice of change of name,
3. merger,
4. consolidation and
5. affiliation, including all the accompanying documents,

Purpose why the documents must be under oath:

To ensure that the labor organization with which the employer is dealing
with is a bona fide organization, and to prevent the commission of
fraud.
Action on the application for registration or notice of change of name, etc
Agency Responsible: Regional Office or

Bureau of Labor Relations

It should act on all applications within one (1) day from receipt
thereof either by:

a) APPROVE the application and issuing the certificate of registration

or acknowledging the notice/report; or

b) DENY the application/notice for failure of the applicant to comply

with the requirements
What IS the proper remedy for refusal to register?
MANDAMUS
there being no other plain, speedy, and adequate remedy
in the ordinary course of law.

What IS THE PURPOSE OF 30-DAY PERIOD?

To ensure that any action taken by the Regional Office of
the DOLE or the Bureau of Labor Relations is made in consonance
with the mandate of the Labor Code
ART. 243. [236]
Denial of registration; appeal. .
The decision of the Labor Relations
Division in the regional office
denying registration may be
appealed by the applicant union to
the Bureau within ten (10) days
from receipt of notice thereof.
 The documents supporting the application are
incomplete or do not contain the required
certification and attestation

The Regional Office or the Bureau shall

. Denial of within (5)

application
days
and
from
notify
receipt
the
of the
applicant
concerned in writing of the necessary
application for requirements and complete the same within 30
days from receipt of notice.

registration If the applicant/labor organization

concerned fails to complete the requirements
within the time prescribed, the application
for registration shall be denied
 The denial may be appealed to the
Bureau if denial is made by the
Appeal from Regional Office or to the Secretary if
denial is made by the Bureau, within
the denial of ten days from receipt of such notice,
on the ground of grave abuse of
application for discretion or violation of the Rules
(Sec. 6, Rule IV).

registration
 ● The memorandum of appeal shall be filed with
the Regional Office or the Bureau that issued
the denial/return of notice.
● The memorandum of appeal together with the
Procedure on complete records of the application shall be
transmitted by the Regional Office to the
appeal from the Bureau or by the Bureau to the Office of the
Secretary within (24 hours from receipt of the
denial memorandum of appeal
● The Bureau or the Office of the Secretary shall
decide the appeal within twenty (20) days
from receipt of the records of the case (Sec. 7,
Rule IV, ibid.).
Thank you for listening

Slides Design by Nikko Sytian

ARTICLES 244-249
Labor Code of the Philippines
 ARTICLE 244
ART. 244. [237] Additional Requirements for Federations or National Unions. –
Subject to Article 238,203 if the applicant for registration is a federation or a
national union, it shall, in addition to the requirements of the preceding
Articles, submit the following:
(a) Proof of the affiliation of at least ten (10) locals or chapters, each of which
must be a duly recognized collective bargaining agent in the establishment or
industry in which it operates, supporting the registration of such applicant
federation or national union; and
(b) The names and addresses of the companies where the locals or chapters
operate and the list of all the members in each company involved.
 REASONS FOR UNIONISM
1. Equality of bargaining power
2. Satisfactory terms and conditions of employment
3. Security of Tenure
4. Participation in policy and decision-making processes
5. Pressure group
 NEGATIVE FREEDOM OF ASSOCIATION

• The right not to join a labor union.

• The right comprehends two broad concepts:
• The liberty or freedom – the absence of legal restraint
• The power – an employee may join or refrain from joining an association.
 DEFINITION
• Labor union
• Labor federation
• Legitimate Labor Organization
• Legitimate Workers’ Association
 WHAT IS A LOCAL UNION?
• A local union or local chapter is any labor organization in the private sector
operating at the enterprise level whose legal personality is derived through
the issuance of a charter certificate by a duly registered federation or
national union and reported to the Regional Office (Rule I, D.O. 40-03)
 WHAT IS A FEDERATION?
• A federation or a national union
• A labor federation is any group of legitimate labor organizations in a private
establishment operating within an identified industry, organized for collective
bargaining or for dealing with employers concerning terms and conditions of
employment within an industry, or for participating in the formulation of
social and employment policies, standards, and programs in such industry,
which is duly registered with the Bureau of Labor Relations (Rule I, DO 40-03)
 WHAT IS A LEGITIMATE LABOR
ORGANIZATION?
• Any association or aggrupation 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.
 WHAT IS A LEGITIMATE WORKERS’
ASSOCIATION?
• An association of workers organized for mutual aid and protection of its
members or for any legitimate purpose other than collective bargaining and
duly registered with DOLE.
 STRUCTURAL TYPES OF LABOR UNION
CRAFT UNION
an organization of employees
engaged in a single
occupation or in a group of
closely related occupations
based upon a skill or specialty
in the performance of one
task or of a number of closely
related crafts
LABOR UNION
the membership is without
regard to craft, industry or
profession. It is a
conglomerate of different
groups having in mind the
solidarity of all the working
class.
INDUSTRIAL UNION
organized on the basis of skills
or specialties in a given
industry and without regard to
craft or occupation.
 FUNCTIONAL FORMS OF LABOR UNION
Conservative Unionism Welfare Unionism Revolutionary Predatory Unionism
Unionism
• business-like • conservative but • radical type • no definite, well-
unionism which idealistic unionism • seeks to overthrow defined plans or
accepts the • objective: promote the existing goals
economic order of the welfare of the economic order of • a notorious type of
capitalism. workers through capitalism union which preys
• craft-conscious education, social • economic system upon employers
rather than class security, has be destroyed and consumers
conscious. cooperation, as it is the tool of through methods
• favors peaceful employee capitalists to abuse such as dynamiting,
settlement of representation, workers graft, extortion,
industrial disputes profit-sharing and • three types: racketeering
• peaceful co- other working • socialistic operations, and the
existence of benefits. • quasi- like
employers and • through legislations anarchistic
employees enacted upon their • communistic
instance or initiative
 THREE TYPES OF REVOLUTIONARY UNIONISM

1. SOCIALISTIC – seeks to attain its goal through peaceful methods such as

education of workers, propaganda, and political action
2. QUASI-ANRCHISTIC OR ANARCHO-SYNDICALISTIC – aims primarily to
replace capitalism with a system of self-governing, worker-owned and
operated industries, the government either non-existent or of very minor
importance. The methods used to attain its goals are agitation, sabotage,
and violence
3. COMMUNISITC – seeks to establish a system called “dictatorship of the
proletariat.” Capitalism as an economic system has to be destroyed
through the use of violence.
 REQUIREMENTS FOR REGISTRATION
OF FEDERATION
1. Statement indicating the name of the applicant labor union, its principal address,
the name of its officers and their respective addresses
2. The minutes of the organizational meeting and the list of employees who
participated in the said meeting
3. The annual financial reports if the applicant union has been in existence for one or
more years, unless it has not collected any amount from the members, in which
case a statement to this effect shall be included in the application
4. The applicant union’s constitution and by-laws, minutes of its adoption or
ratification, and the list of the members who participated in it.
5. The resolution of affiliation of at least 10 legitimate labor organization
6. The names and addresses of the companies where the affiliates operate and the
list of all members in each company involved.
 TYPES OF AFFILIATE OF LABOR
FEDERATION
• An affiliate of a labor federation or national union may be chartered local or
an independently registered union
• A chartered local does not undergo the rudiments of registration unlike an
independently registered union. Although not registered, by force of law,
such local or chapter becomes a legitimate labor organization
 REQUIREMENTS FOR LOCAL CHAPTER AS A
LEGITIMATE LABOR ORGANIZATION
A chartered local becomes a legitimate labor organization only upon
submission of the following to the BLR or Regional Office:
1. Charter certificate issued by the labor federation or national union, and
2. The constitution and by-laws and a statement on the set of officers, all of which
are certified under oath by the Secretary or Treasurer, as the case may be, of
such local or chapter, and attested to by its president.

Absent compliance with these mandatory requirements, the local or chapter

does not become a legitimate labor organization
 CHARTER CERTIFICATE ISSUED BY
THE FEDERATION
• The labor federation or national union concerned shall issue a charter
certificate indicating the creation or establishment of a local chapter, copy
of which shall be submitted to the Bureau of Labor Relations within 30 days
from issuance of such charter certificate
 CONTRACT OF AFFILIATION WITH
THE FEDERATION
• An independently registered union shall be considered an affiliate of a labor
federation or national union after submission to the Bureau of the contract or
agreement of affiliation with 30 days after its execution.
 EFFECT OF AFFILIATION
• The labor union that affiliates with a federation is subject to the laws of the
parent body under whose authority the local union functions.
• The constitution, by-laws and rules of the mother federation, together with
the charter it issues to the local union, constitutes an enforceable contract
between them and between the members of the subordinate union interse.
• Thus, pursuant to the constitution and by-laws, the federation has the right to
investigate and expel members of the labor union.
 LOCALS REMAIN AS SEPARATE
AND DISTINCT UNITS
• The locals are separate and distinct units primarily designed to secure and
maintain an equality of bargaining power between the employer and their
employee-members in the economic struggle for the fruits of the joint
productive effort of labor and capital; and the association of the locals into
the national union was in furtherance of the same end.
• The locals remain as the basic units of association, free to serve their own
and the common interest of all, subject to the restraints imposed by the
Constitution and By-Laws of the Federation, and free also to renounce the
affiliation for mutual welfare upon the terms laid down in the agreement
which brough it into existence.
 EFFECTS OF DISAFFILIATION
1. As to union’s legal personality
2. As to union dues
3. As to CBA
4. As to union security clause
 AS TO UNION’S LEGAL
PERSONALITY
• A local union does not owe its existence to the federation with which it is
affiliated. It is a separate and distinct voluntary association owing its creation
to the will of its members. The mere act of affiliation does not divest the local
union of its own personality, independently of the local union.
• It only gives rise to a contract of agency where the former acts in
representation of the latter.
 AS TO UNION DUES
• Without said affiliation, the employer has no link to the mother union. The
obligation of an employee to pay union dues is coterminous with his
affiliation or membership.
• The employees’ check-off authorization, even if declared irrevocable, is
good only as long as they remain members of the union concerned.
• A contract between an employer and parent organization as bargaining
agent for the employees is terminated by the disaffiliation of the labor union
of which the employees are members.
 AS TO COLLECTIVE BARGAINING
AGREEMENT (CBA)
• In formulating the substitutionary doctrine, the only consideration involved is
the employees’ interest in the existing bargaining agreement. The agent’s
interest never entered the picture.
• Thus, even during the effectivity of the CBA executed between employer
and employees through their agent, the employees can change said agent
but the contract continues to bind them up to its expiration date. They may
bargain however for the shortening of said expiration date.
• By nature, the CBA is a contract in personam.
 AS TO UNION SECURITY CLAUSE
• When the local union disaffiliated from the federation, the former did not
lose its legal personality as the bargaining agent under the CBA.
 PRINCIPAL-AGENT RELATIONSHIP
• Local unions are considered principals while the federation is deemed to be merely
their agent.
• As principals, unions are entitled to exercise the rights and privileges of a legitimate
labor organization, including the right to seek clarification as the sole and exclusive
bargaining agent in the appropriate employer unit.
• A local union does not owe its existence to the federation with which it is affiliated. It
is a separate and distinct voluntary association owing its creation to the will of its
members.
• Mere affiliation does not divest the labor union of its own personality, neither does it
give the mother federation the license to act independently of the local union.
• Settled is the rule that a labor union may disaffiliate from a mother union, when
circumstances warrant, to form a local or independent union only during the 60-day
freedom period immediately preceding the expiration of the CBA.
 ARTICLE 245

• ART. 245. Cancellation of Registration. – The

certificate of registration of any legitimate
labor organization, whether national or local,
may be cancelled by the Bureau, after due
hearing, only on the grounds specified in
Article 239 hereof.
 VENUE OF ACTION FOR
CANCELLATION OF REGISTRATION
• If the respondent to the petition is a LOCAL/CHAPTER, AFFILIATE, OR A
WORKERS’ ASSOCIATION WITH OPERATIONS LIMITED TO ONE REGION: The
Regional office having jurisdicition over the place where the respondent
principally operates.

• Petition filed against federations, national or industry unions, trade union

centers, or workers’ associations operating in one or more regional
jurisidcition: BUREAU
 WHO MAY FILE?
• Any party-in-interest may commence a petition for cancellation of
registration, except in actions involving violations of Art. 247 which can be
commenced only by members of the respondent labor organization or
workers’ association.
• The petition shall be under oath and shall state clearly and concisely the
facts and grounds relied upon, accompanied by proof of service that a
copy thereof has been furnished the respondent.
 DUE PROCESS OBSERVED IN
CANCELLATION OF CERTIFICATE OF
REGISTRATION
• Cancellation is the equivalent of snuffing out the life of labor organization, it
is only proper then that it should be given the right to be heard before
judgment could be rendered cancelling its certificate of registration (David
v. Aguilizan)
 FAILURE TO COMPLY WITH
REPORTORIAL REQUIREMENTS
• Failure to comply with reportorial requirements not a ground to cancel union
registration.
• The erring union officers or members can be subject to suspension, expulsion
from membership, or any appropriate penalty
 ACTION ON PETITION; APPEALS
• The Regional or Bureau Director, as the case may be, shall have twenty (20)
days from submission of the case for resolution within which to resolve the
petition.
• The decision of the Regional or Bureau Director may be appealed to the
Bureau or the Secretary, as the case may be, within ten (10) days from
receipt thereof by the aggrieved party on the ground of grave abuse of
discretion or any violation of these Rules.
• The Bureau or the Secretary shall have 20 days from receipt of the records of
the case within which to decide the appeal
• The decision of the Bureau or the Secretary shall be final unless a motion for
its consideration is filed by any party therein within the same period
 FINALITY OF DECISION OF BLR OR
DOLE SECRETARY
• The decision of the BLR or the Office of the DOLE Secretary shall become
final and executory after 10 days from receipt thereof by the parties, unless a
motion for its reconsideration is filed by any party therein within the same
period.
• ONLY ONE MOTION FOR RECONSIDERATION of the decision of the Bureau or
the Secretary in the exercise of their APPELLATE jurisdiction shall be
entertained.
 BLR OR DOLE SECRETARY DECISION:
IMMEDIATELY EXECUTORY
• The decision of the Med-arbiter and Regional Director shall automatically
stayed pending appeal with the BLR.
• The decision of the BLR in the exercise of its appellate jurisdiction shall be
immediately executory upon issuance of an entry of final judgment.
• The decision of the BLR in the exercise of its ORIGINAL jurisdiction shall
automatically be stayed pending appeal with the Office of the DOLE
Secretary.
• The decision of the Office of the DOLE Secretary shall be immediately
executory upon issuance of an entry of final judgment.
 APPELLATE JURISDICTION OF THE
BLR AND DOLE SECRETARY
• The appellate jurisdiction of the DOLE Secretary is confined only to a review
of cancellation proceedings decided by the Bureau of Labor Relations in the
exercise of its original and exclusive jurisdiction.
• The DOLE Secretary has no jurisdiction over decisions of the BLR rendered in
the exercise of its appellate jurisdiction to review the decisions of the
Regional Directors of DOLE in the cancellation of cases which are final and
inappealable.
• IF the petition for cancellation of union registration is filed directly with the
Regional Office of the DOLE, its decision cancelling a union’s certificate of
registration may be appealed to the BLR whose decision is final and
inappealable.
• However, if the petition for cancellation of certificate of union registration is
filed directly with the BLR, its decision cancelling a union’s certificate of
registration may be appealed to the DOLE Secretary whose decision is final
and inappealable.
 CERTIORARI AS A REMEDY
• It is settled that decisions of the Bureau of Labor Relations on cases brought
before it on appeal from the Regional Directors of the DOLE are final and
executory.
• However, an aggrieved party can seasonably file a special civil action for
certiorari under RULE 65.
• On the other hand, the decisions of the DOLE Secretary in appealed cases
may be elevated to the Court of Appeals through a special civil action for
certiorari under RULE 65.
 EFFECT OF CANCELLATION
• The cancellation of registration of a federation or national union shall
operate to divest its local/chapters of their status as legitimate labor
organizations.
• For a local chapter, it shall acquire legal personality only for purposes of filing
a petition for certification election from the date it was issued a charter
certificate by a duly registered federation.
• However, it shall be entitled to all rights and privileges of a legitimate labor
organization only upon submission of the required document in addition to its
charter certificate.
 EFFECT OF CANCELLATION
• Cancellation of certificate of registration would not entail a dissolution of
said association or its suspension.
• The existence of the union would not be affected by said cancellation,
although its juridical personality, statutory rights and privileges would be
suspended thereby.
 EFFECT OF NON-RENEWAL DURING
THE PENDENCY OF THE CASE
• Failure of the union to secure the renewal of its permit from the Labor
Department will not operate as a dismissal of the case, it appearing that the
union has juridical personality and the labor court had acquired jurisdication
over the case.
• Despite cancellation of registration permit, the union may still continue as a
party without need of substitution of parties, “subject, however, to the
understanding that whatever decision may be rendered therein will only be
binding upon those members of the union who have not signified their desire
to withdraw from the case before its trial and decision on the merits.
• The pendency of cancellation proceedings does not affect the right of the
labor organization concerned to sue.
 ILLEGAL STRIKE, NOT A GROUND
FOR CANCELLATION
• Engaging in illegal practices would not be interpreted to include an illegal
strike declared by the union, but should be construed to mean such activity
engaged into by the union that partakes of the nature of a labor contractor.
• The law does not intend to include illegally declared strike simply because
strike per se is legal. If the law intends to include illegally declared strike, the
same could have been expressly placed therein.
 ARTICLE 246
ART. 246. Effect of a Petition for Cancellation of
Registration.206 – A petition for cancellation of union
registration shall not suspend the proceedings for
certification election nor shall it prevent the filing of a
petition for certification election.
In case of cancellation, nothing herein shall restrict
the right of the union to seek just and equitable
remedies in the appropriate courts.
 EFFECTS OF FILING OR PENDENCY
OF PETITION FOR CANCELLATION
• The filing of a petition for cancellation of union registration does not have the
effect of depriving it of its rights as a legitimate labor organization under the
Labor Code.
• If there is no final order of cancellation, the labor organization whose
registration is sought to be cancelled shall continue to exercise said rights.
• The pendency alone of cancellation proceedings does not affect the rights
of a legitimate labor organization such as conducting a certification election
 EFFECTS OF CANCELLATION OF UNION
REGISTRATION DURING THE PENDENCY
OF THE CASE
• The legitimate labor organization whose registration is cancelled during the
pendency of a case may still ocntinue to be a party to the case without the
necessity of subsitution.
• However, whatever decision rendered therein shall only be binding on the
members who have not signified their desire to withdraw from the case
before its trial and decision on the merits.
 ARTICLE 247
ART. 247. [239] Grounds for Cancellation of Union Registration.207 – The
following may constitute grounds for cancellation of union registration:
(a) 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;
(b) Misrepresentation, false statements or fraud in connection with the election
of officers, minutes of the election of officers, and the list of voters;
(c) Voluntary dissolution by the members.
 GROUNDS OF CANCELLATION OF
UNION REGISTRATION
The following constitute grounds for cancellation of union registration:
(a) 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;
(b) Misrepresentation, false statement or fraud in connection with the election
of officers, minutes of the election of officers and the list of voters; and
(c) Voluntary dissolution by the members (Art. 247, infra).
 TWO CATEGORIES
fraudulent acts voluntary acts
(a) The adoption or ratification of the a) Cancellation of union registration by
constitution and voluntary dissolution;
by-laws or amendments thereto; b) Approved by two-thirds (2/3) votes of its
(b) The minutes of ratification; general membership in a meeting called for
(c) The list of members who took part in the the purpose; and
ratification; c) Application for cancellation is filed by the
(d) The election of officers and the minutes union board and attested to by its .president
governing (Art. 247).
said election; and
(e) The list of voters.
 VOLUNTARY DISSOLUTION
• Article 247 of the Labor Code provides that the registration of a legitimate
labor organization may be cancelled by voluntary dissolution by at least
two-thirds (2/3) votes in a general member- ship meeting called for the
purpose. An application for cancellation of registration is thereafter
submitted by the union board and attested to by its president.
 FRAUDULENT ACT AND
MISREPRESENTATION
• For fraudulent acts and misrepresentation to be grounds for cancellation of
union registration under Art. 247 of the Labor Code, the nature of the fraud
and misrepresentation must be so grave and compelling enough to vitiate
consent of the majority of the union members in order to justify such
cancellation such as signatories in a petition containing a withdrawal of
support which may have been procured through "duress, coercion, or for
valuable consideration"
 CANCELLATION OF REGISTRATION OF
GOVERNMENT EMPLOYEES UNION
The certificate of registration of any government employees' organization may
be cancelled on the following grounds:
(a) Misrepresentation, false statement or fraud in connection with the
adoption or ratification of the constitution and by-laws or amendments
thereto;
(b) Failure to submit the aforementioned documents within thirty (30) days
from adoption or ratification of the constitution and by-laws or amendments
thereto;
(c) Misrepresentation, false statement or fraud in connection with the election
of officers, minutes of the election of officers, the list of voters/members, or
failure to submit these documents together with the list of the newly
elected/appointed officers and their addresses within thirty days from
election;
(d) Commission ofacts or engaging in activities contrary to law;
(e) Checking-off special assessments or any other fees without duly signed
individual written authorization of the members; and
(f) Failure to submit list of individual members to the office of Bureau once a
year or whenever required
 ARTICLE 248
• ART. 248. [239-A] Voluntary Cancellation of
Registration.208 – The registration of a legitimate
labor organization may be cancelled by the
organization itself: Provided, That at least two-thirds
of its general membership votes, in a meeting duly
called for that purpose to dissolve the organization:
Provided, further, That an application to cancel
registration is thereafter submitted by the board of
the organization, attested to by the president
thereof.
 ARTICLE 249

ART. 249. [240] Equity of the Incumbent.209

– All existing federations and national
unions which meet the qualifications of a
legitimate labor organization and none of
the grounds for cancellation shall continue
to maintain their existing affiliates
regardless of the nature of the industry and
the location of the affiliates.
 EQUITY OF THE INCUMBENT;
ONE-UNION-INDUSTRY POLICY ABANDONED

• Executive Order No. 111 issued on 24 December 1986 amended Art. 249 of
the Labor Code which deleted the second paragraph:

“Incumbent affiliates of existing federations or national

unions may disaffiliate only for the purpose of joining a
federation or national union in the industry or region in
which it properly belongs or for the purpose of
operating as an independent labor group."
Under E.O. 111, all existing federations ana national unions which
can comply with the qualifications of a legitimate labor
organization and none of the grounds for cancellation shall
continue to maintain their existing affiliates regardless of the
nature of the industry and the location of the affiliates.
Likewise, local unions may also disaffiliate from federations or
national unions without being burdened by the "one-industry one
union" policy.
Thus, they may dissociate to join mother federations or national
unions within or outside the industry or region which they properly
belong or for the purpose of operating as independent labor
groups.
THANK YOU!
 Chapters II and III
Articles 250-252 Reporter: Gremio, Leozelle
 Article 250
Rights of union members:
1. Right against arbitrary or excessive initiation fees,
fines and forfeitures;

2. Right to full and detailed reports on financial

transaction;
3. Right to directly elect union officers, both local and
national, by secret ballot;
4. Right to take part in determining and voting upon
major questions of policy such as declaring a strike;
5. Right against admission of subversives;
6. Right against appointment or election of certain
persons;
7. Right against unauthorized collection of fees or
disbursement of funds;

8. Right to demand receipt for payment of fees, dues, or

other contributions;
 Article 250
Rights of union members:
9. Right against unauthorized disbursement of union
funds;

10. Right against unauthorized compensation to union

officers;
11. Right of inspection of books of accounts and other
financial records of the union;
12. Right against unreasonable special assessment or
any other extraordinary fees;
13. Right against check-off for special assessment or
any other extraordinary fees;
14. Right to be informed on matters affecting
constitution and by-laws, CBA, prevailing labor
relations system and rights and obligations under
existing laws;

15. Right to run for union office; and

16. Right to due process on matters of discipline.

Employee for purposes of Union
membership

Any employee, whether employed for a definite period Relationship between union and its
or not, shall, beginning on his first day of service, be
considered an employee for purposes of membership in
members
a labor union.
It is governed by:
1. Their mutual agreement;
2. The terms and conditions set forth in the union
constitution and by-laws and binding on the members
and organization itself.
 Union Officers
Union Officers
1. Qualifications

a. Must be an employee of the company where the

union is operating;
2. Disqualifications
b. Must be a member of the union in good standing and
a. Convicted of a crime involving moral turpitude;
c. Must not have been convicted of a crime involving
moral turpitude, unless he had been given an absolute b. Belongs to a subversive organization; and
pardon for such offense.
c. Engaged directly or indirectly in any subversive
activity.
Election
The union members shall directly elect their offices in
the local union as well as their national officers in the
federation, by secret ballot at interval of 5 years.
Election Protest
Protests against union elections should be formalized
before the Med-Arbiter within 5 days from the close of
the election proceedings and must be decided by the
latter within 20 working days. If not formalized within
the prescribed period, the protest is deemed dismissed.
 Grounds for impeachment or expulsion
a. Failure to provide mandatory adequate labor education and research
services to members of a labor organization;

b. Misuse or illegal disbursement of the labor education and research fund;

c. Any irregularities in the approval of the resolutions on unauthorized

compensation of officers;

d. Membership in another labor union;

e. Culpable violation of the constitution and by-laws of the union.

Filing of intra-union dispute cases Requirements:

Cases involving violation of the constitution and by-
laws and the rights and conditions of membership are
cognizable by the Regional Office of the DOLE where
the union is domiciled.
Complaints for violation of rights and conditions of
union membership
a. If the violation affects the general membership –
May be signed by at least 30% of all the members
of the union.
b. If the violation affects only a particular member
– he may alone file his complaint.

The petition on its face must show that the administrative remedies provided for in the constitution and
by-laws have been exhausted or such remedies are not readily available to the complaining members
through no fault of their own.
 XPN to requirement of exhaustion:
a. Resort to the remedy would be futile, illusory, or vain;

b. Remedy applied for was not acted upon for an unreasonable length of
time;

c. Relief sought was simply for damages;

d. Act complained of is contrary to the constitution and by-laws;

e. Issue is purely question of law; and

f. Due process was not observed.

 Appeals

Decisions involving intra-union disputes may be appealed to the Bureau of

Labor Relations (BLR) within 10 calendar days on the following grounds:

1. Grave abuse of discretion; and

2. Gross incompetence

The decision of the Regional Director (RD) is stayed pending appeal with
the BLR. The decision of the BLR in the exercise of appellate jurisdiction is
immediately executory upon issuance of entry of final judgment.
 Check-Off
It is a method of deducting from an employee’s pay at prescribed period,
the amounts due the union for fees, fines, or assessments for the purpose of
raising revenues for the union.

Union agreements containing check-off provisions, may establish a general

check-off for all employees, or in the absence of a closed shop, they may
provide a check-off for every union member without the requirement of
individual authorization.

Types of check-off :
1. Voluntary irrevocable
2. Voluntary revocable
3. Involuntary irrevocable
4. Automatic
5. Year-to-year renewal

NOTE: The law requires an individual written authorization

duly signed by every employee in order that a special
assessment may be validly checked-off.
 Article 251
Rights of legitimate labor organization:
1. To act as the representative of its members for the
purpose of collective bargaining;

2. To be certified as the exclusive representative of all

employees in an appropriate collective bargaining unit
for purposes of collective bargaining;
3. To be furnished by the employer, upon written
request, with the annual audited financial statements;
4. To own property, real or personal, for the use and
benefit of the labor organization and its members;
5. To sue and be sued in its registered name;
6. To undertake all other activities designed to benefit
the organization and its members including
cooperative, housing welfare and other projects not
contrary to law.
Notwithstanding any provision of a general or special law to the contrary,
the income and the properties of legitimate labor organizations, including
grants, endowments, gifts, donations and contributions they may receive
from fraternal and similar organizations, local or foreign, which are
actually, directly and exclusively used for their lawful purposes, shall be
free from taxes, duties and other assessments. The exemptions provided
herein may be withdrawn only by a special law expressly repealing this
provision.
 Article 252
Reportorial Requirements:
1. Its constitution and by-laws, or amendments thereto, the minutes of
ratification, and the list of members who took part in the ratification of the
consultation and by-laws within thirty (3) days from adoption or ratification
of the constitution and by-laws or amendments thereto;

2. Its list of officers, minute of the election of officers, and list of voters
within thirty (3) days from election:

3. Its annual financial report within thirty (30) days after the close of every
fiscal year; and

4. Its list of members at least once a year or whenever required by the

Bureau.
Thank you
Reporter: Gremio, Leozelle
Title V: Coverage
Arts. 253-257
Discussions:
01 Right to Self-Organization

02 Persons who may or may not form, join or

assist labor organizations?

03 Commingling or Mixture of
Membership
Right to Self-Organization
A fundamental right guaranteed by the
Philippine Constitution and the Labor Code.
Employees have the right to form, join or assist
labor organizations for the purpose of
collective bargaining or for their mutual aid
and protection.
Art. 257. Non-Abdridgement of Right to Self-
Organization
Infringement of the 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 rights 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 for their mutual
aid and protection, subject to the provisions of
Art 264 of this Code.
Scope of Right to Self-organization
1. Right to form, join or assist labor organizations of their own choosing
for the purpose of collective bargaining through representatives of their
own choosing;
2. Right to engage in lawful concerted activities for the same purpose
(collective bargaining) or for their mutual aid and protection
3. The right of any person to join an organization also includes the leave
that organization and join another one. [Heritage Hotel Manila v. PIGLAS,
G.R. No. 177024 (2009)]
4. The right to form or join a labor organization necessarily includes the
right to refuse or refrain from exercising said right. It is self-evident that
just as no one should be denied the exercise of a right granted by law, so
also, no one should be compelled to exercise such a conferred right.
[Reyes v. Trajano, G.R. No. 84433 (1992)]
Scope of Right to Self-organization
5. The right of the employees to self-organization is a compelling reason
why their withdrawal from the cooperative must be allowed. As pointed
out by the union, the resignation of the member employees is an
expression of their preference for union membership over that of
membership in the cooperative. [Central Negros Electric Cooperative v.
SOLE, G.R.No. 94045 (1991)]
6. Their freedom to form organizations would be rendered nugatory if
they could not choose their own leaders to speak on their behalf and to
bargain for them. [PanAmerican World Airways, Inc v. PanAmerican
Employees Association, G.R. No. L-25094 (1969)]
Art. 253. Coverage and Employee’ Right to
Self-Organization.
All persons employed in commercial, industrial
and agricultural enterprise 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.
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.
Who may exercise the right?
1. All employees
2. Government employees of corporations created
under the Corporation Code [Art. 254]
3. Supervisory Employees
4. Aliens with valid working permits
5. Security personnel
 - EMPLOYEES -

Who are may considered an “Employee”?

Any employee, whether employed for a definite period or
not, shall, beginning on his first day of service (292[c])
Any individual whose work has ceased as a result of or in
connection with any current labor dispute or because of
any unfair labor practice if he has not obtained any other
substantially equivalent and regular employment. [Art.
219(f)]
Employees of non-profit organizations
 - GOVERNMENT EMPLOYEES -

Government employees’ right to organize is for a limited

purpose

Only terms and conditions not fixed by law may be the subject
of negotiation by the duly recognized employees’ organization
of government employees and the appropriate government
authorities. Terms and conditions of employment that are fixed
by law are excluded from negotiation (E. O. No. 180).
 - GOVERNMENT EMPLOYEES -

Art. 254. Right of Employees in the Public

Service
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.
 - 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)]

nature of the employee’s function

the nomenclature or title
 - ALIENS WITH VALID WORKING PERMITS -
General Rule: All aliens, natural or juridical, are strictly
prohibited from engaging directly or indirectly in all forms of
trade union activities. [Art. 284]
Exception: Aliens may exercise the right to self-organization
and join or assist labor unions for purposes of collective
bargaining, provided the following requisites are fulfilled:
1. With valid working permits issued by the DOLE; and
2. They are nationals of a country which grants the same or
similar rights to Filipino workers [Art. 284]as certified by DFA
or has ratified either ILO Conventions No. 87 and 98 [Sec. 2,
Rule II, Book V, IRR]
Art. 255. Ineligibility of Managerial
Employees to Join any Labor Organization;
Right of Supervisory Employees.
Managerial employees are not eligible to join, assist r
form any labor organization. Supervisory employees
shall not be eligible for membership in the collective
bargaining unit of the rank-and-file employees but
may join, assist or form separate collective bargaining
units and/or legitimate labor organizations of their
own. The rank and file union and the supervisor’s union
operating within the same establishment may join the
same federation or national union.
Rationale:
Supervisory employees, while in the performance of supervisory
functions, become the alter ego of the management in the
making and the implementing of key decisions at the sub-
managerial level. Certainly, it would be difficult to find unity or
mutuality of interests in a bargaining unit consisting of a mixture of
rank-and-file and supervisory employees. [Toyota Motor Phil.
Corp. v. Toyota Motor Phil. Corp. Labor Union, G.R. No. 121084 (1997)]
 Who cannot form, join or assist labor
organizations?
1. Managerial Employees
2. Confidential Employees (in the field of labor relations)
3. Non-employees
4. Employee-member of a Cooperative
5. Employees of International Organizations
6. Members of the AFP, Policemen, Police Officers,
Firemen, and Jail Guards
7. Religious objectors; INC members
 - MANAGERIAL EMPLOYEES -

Rationale:
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).
 - CONFIDENTIAL EMPLOYEES -

Confidential employees as ineligible to join, assist or form

any labor organization, under the doctrine of necessary
implication
Function Test: Nomenclature is not controlling. The mere fact
that an employee is designated “manager” does not ipso
facto make him one. Designation should be reconciled with
the actual job description of the employee.

Nature of Access Test

Confidential employees, by the nature of their functions, assist
and act in a confidential capacity to, or have access to
confidential matters of, persons who exercise managerial
functions in the field of labor relations.

Requisites:
1. The confidential relationship must exist between the
employees and his supervisor, and
2. The supervisor must handle the prescribed responsibilities
relating to labor relations. [San Miguel Supervisors and
Exempt Union v. Laguesma, G.R. No. 110399 (1997)]
Confidential Information
Must relate to labor relations and not from a business
standpoint. An employee must assist or act in a confidential
capacity and obtain confidential information relating to labor
relations policies. Exposure to internal business operations of the
company is not per se a ground for the exclusion in the
bargaining unit. [Coca-Cola Bottlers v. IPTEU,G.R. No. 193798
(2015)]
Examples of Confidential Employees who could not
unionize are:
1. Bank cashiers
2. Accounting personnel
3. Radio and telegraph operators who have access to
confidential information
4. Personnel staff
5. HR Assistant
 "As Human Resource Assistant, the scope of one’s work
necessarily involves labor relations, recruitment and
selection of employees, access to employees’ personal files
and compensation package, and human resource
management. As regards a Personnel Assistant, one's work
includes the recording of minutes for management during
CB negotiations, assistance to management during
grievance meetings and administrative investigations, and
securing legal advice for labor issues from the petitioner’s
team of lawyers, and implementation of company
programs. Therefore, in the discharge of their functions, both
gain access vital labor relations information which outrightly
disqualifies them from union membership" (San Miguel
Foods Inc. v. San Miguel Coration Supervisors and Exempt
Union, G.R. No. 146206, August 1, 2011)

 - NON-EMPLOYEES -
Rationale:
The question of whether employer-employee relationship
exists is a primordial consideration before extending labor
benefits under the workmen's compensation, social
security, Medicare, termination pay and labor relations
law. [Singer Sewing Machine Co. v. Drilon, G.R. No. 91307,
1991]
Note: Employees of the contractor can still form a labor
union; the labor union can be established to bargain with
the contractor but not with the principal employer.
 EMPLOYEE-MEMBER OF A
COOPERATIVE
General Rule: An employee of a cooperative who is a member and
co-owner thereof cannot invoke the right to collective bargaining for
certainly an owner cannot bargain with himself or his co-owners.
[Batangas-I Electric Cooperative Labor Union v. Romeo A. Young, G.R.
No. 62386 (1988)]
Exception: Employees who withdrew their membership from the
cooperative are entitled to form or join a labor union for the
negotiations of a Collective Bargaining Agreement.
 EMPLOYEES OF INTERNATIONAL
ORGANIZATIONS

International organizations are endowed with some degree

of international legal personality. They are granted
jurisdictional immunity, as provided in their organization’s
constitutions, to safeguard them from the disruption of their
functions.
EXCEPTION: When the international organization has expressly
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
 MEMBERS OF THE AFP, POLICEMEN, POLICE
OFFICERS, FIREMEN, AND JAIL GUARDS

Members of the AFP, Policemen, Police Officers, Firemen

and Jail Guards are expressly excluded by EO 180, Sec. 4
from the coverage of the EO 180 which provides
guidelines for the exercise of the right to organize of
government employees.
 RELIGIOUS OBJECTORS; INC MEMBERS

be compelled or coerced to
Members of religious sects cannot
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 (Victoriano v. Elizalde Rope Worker’s Union, G.
R. No. L-25246, September 12, 1974)

NOTE:
Religious objectors can form and join their own union
Religious objectors also have the right to vote in a
certification election
Art. 256. Effect of Inclusion as Members of
Employees Outside the Bargaining Unit.
The inclusion as union members of employees
outside the bargaining unit shall not be a ground
for the cancellation of the registration of the
union. Said employees are automatically
deemed removed from the list of membership
of said union.
 Effect of Commingling or Mixture of
Membership
General Rule: It shall not be a ground for the cancellation of the
registration of the union. Said employees are automatically
deemed removed from the list of membership of said union.
Exception: Unless such mingling was brought about by
misrepresentation, false statement or
fraud under Art. 247 (Grounds for cancellation of Union
Registration) of the Labor Code.
Thank you very much!
Presentation by Moairah Banielyn Joy Larita