Labor relation

Atty. Yosef Bautista

 Article 217, Labor Code
● Promote and emphasize the primacy of free collective bargaining
and negotiations, including voluntary arbitration, mediation, and
conciliation, as modes of settling labor or industrial disputes;
State policy ● Promote free trade unionism as an instrument for the
on Labor enhancement of democracy and the promotion of social justice
and development;
Relation ● Foster the free and voluntary organization of a strong and united
labor movement;
● Promote the enlightenment of workers concerning their rights
and obligations as union members and as employees;
 Article 217, Labor Code
● Provide an adequate administrative machinery for the expeditious
settlement of labor or industrial disputes;
State policy ● Ensure a stable but dynamic and just industrial peace; and
on Labor ● Ensure the participation of workers in decision and policy-making
processes affecting their rights, duties, and welfare.
Relation ● Prohibit courts or administrative agencies or officials from setting
or fixing wages, rates of pay, hours of work, or other terms and
conditions of employment, except as otherwise provided under
the Labor Code.
Scope of Self- ● 1. Forming, joining, or assisting labor organizations for the
purpose of collective bargaining through representatives of their
Organization own choosing.

Under the ● 2. To engage in lawful concerted activities for the purpose of

collective bargaining or for their mutual aid and protection. (Labor
Labor Code Code, Art. 257)
 ● Self Advancement
● Job Security
Why workers
● Upholding the rule of law over the arbitrary exercise of power by
organize? capital
● Provide employees a sense of participation in the enterprise
Who may ● All persons employed in commercial, industrial and in religious,
exercise right charitable, medical or educational institutions (profit or nonprofit)

to self- ● Includes the right to, Form, Join, and Assist Labor organizations of
their own choosing
organization
 ● Managerial and Confidential employees
● Employee-Members of Cooperatives
● Religious Objectors
EXCEPTIONS ● Employees of Foreign Embassies, Consulates and International
Organizations
● Government Employees
 ● All other employees of the civil service shall have the right to form
associations for purposes not contrary to law. (Art. 254, Labor
Code)

Government ● E.O. 180: Guidelines for the exercise of the right to organize of
government employees, creating a Public Sector Labor-
employees Management Council, and for other purposes.
● Right to Self-Organization under EO 180 is for a limited purpose –
only for the furtherance and protection of their interests not for
purposes of collective bargaining.
 ● Applies to all government employees
● Employees of all branches, subdivisions, instrumentalities, and
agencies of the government, including GOCCs with original
charters.
Coverage of ● Excluded from Coverage
EO 180 ● 1. Members of the Armed Forces of the Philippines
● 2. Including police officers
● 3. Policemen
● 4. Firemen and
● 5. Jail guards
 ● Elements of Unfair Labor Practice
● 1. There is an employer-employee relationship.
● 2. The act done is expressly defined in the Code as an unfair labor
UNFAIR practice

LABOR ● 3. Act complained of as ULP must have proximate and causal

connection with/ violation of:
PRACTICE ● a. Exercise the right to self-organization
● b. Exercise of the right to collective bargaining (Allied Banking
Corporation v. CA, G.R. No. 144412, 2003)

● Prescription of actions for ULP The offense prescribes in 1 year.

 ● The criminal charge falls under the concurrent jurisdiction of the
Jurisdiction of MTC or the RTC.
● Only substantial evidence is required in the labor case while proof
Criminal beyond reasonable doubt is need in the criminal prosecution.
Charge of ULP ● Recovery of civil liability in the administrative proceedings shall
bar recovery under the Civil Code.
Aspects of
Unfair Labor
Practice
 So long as a company’s management prerogatives are exercised in
Exception: good faith for the advancement of the employer’s interest and not
Management for the purpose of defeating or circumventing the rights of the
employees under special laws or under valid agreements, the Court
Prerogative will uphold them. (LVN Picture Workers v. LVN, G.R. No. L23495,
1970)
Four Forms of 1. Failure or Refusal to Meet and Convene
Unfair Labor 2. Evading the Mandatory Subjects of Bargaining
Practice in 3. Bad Faith in Bargaining
Bargaining 4. Gross Violation of the CBA
 ● Both employers and labor organizations can commit acts of unfair
Who can labor practices in collective bargaining. However, the labor
organization must be the representative of the employees before
Commit ULP? any act it does may be considered as a violation of the duty to
bargain collectively. (Labor Code, Arts. 259[g] and 260[c])
 1. Interference
Acts 2. Yellow dog condition

Constituting 3. Contracting out

4. Company unionism
Unfair Labor
5. Discrimination for or against union membership
Practice of 6. Discrimination because of testimony
Employers 7. Violation of duty to bargain
(Art. 259) 8. Paid negotiation
9. Violation of CBA
 1. To restrain or coerce employees in the exercise of their right to
self – organization.
2. To attempt to or cause an employer to discriminate against an
employee to whom membership in the labor organization was
denied or to terminate an employee on any ground other than the
ULP by Labor usual terms and conditions under which membership or
continuation of membership is made available to other members.
Organizations 3. To refuse to bargain collectively with the employer, if it is the
representative of the employee.
(Labor code, 4. To attempt to or cause the employer to pay money or other
Art. 260) things of value, in the nature of an exaction, for services which are
not performed or not to be performed. This includes fees for union
negotiations.
5. To ask or accept negotiations or attorney’s fees from employers
as part of the settlement in any dispute.
6. Violation of CBA.
 ● Any union or association of employees in the private sector which
exists in whole or in part for the purposes of collective bargaining,
mutual aid, interest, cooperation, protection, or other lawful
Labor purposes (Labor Code, Art. 219[g])
Organization ● Federation of Free Workers (FFW), Kilusang Mayo Uno (KMU),
Sentro ng mga Nagkakaisa at Progresibong Manggagawa
(SENTRO)
 ● Any labor organization in the private sector organized for
Union collective bargaining and for other legitimate purpose (Sec. 1[ccc],
Rule I, DO 4003)
 ● Registration is the operative act that gives rights to a labor
organization.
● 1. It is clothed with legal personality, once registered, to claim
representational and bargaining rights or to strike or to picket.
Registration ● 2. It is a conditional sine qua non for the acquisition of legal
personality.
● 3. It is a valid exercise of police power because the activities in which
labor organizations, associations, and unions of workers are
engaged affect public interest, which should be protected. (PH
Association of Labor Unions v. Secretary of Labor)
 ● A group of employees sharing mutual interests within a given
BARGAINING employer unit, comprised of all or less than all of the entire body
of employees in the employer unit or any specific occupational or
UNIT geographical grouping within such employer unit. (D.O. No. 40-03,
Sec. 1[d], Rule I, Book V)
 ● Selection/Designation of an exclusive bargaining representative
BARGAINING
● General Rule: The labor organization designated/selected by the
REPRESENTA majority of the employees in an ABU shall be the exclusive
bargaining representative of the employees in such unit for the
TIVE purpose of collective bargaining.
 ● Presentation of proposals and counterproposals by the parties
● If capital and labor agree on substantially all points, a labor
contract is forged (Collective Bargaining Agreement)
Collective ● If both parties do not agree on material points, this results in a
deadlock
Bargaining ● Parties are obliged to avoid or break the impasse
● Failure to resolve a deadlock may result in work stoppage
● Strike
● Lockout
 An activity undertaken by two or more employees; by one on behalf
of others.
Peaceful
concerted It is the policy of the State to encourage free trade unionism and
action free collective bargaining. Workers shall have the right to engage in
concerted activities for purposes of collective bargaining or for their
mutual benefit and protection. (Labor Code, Art. 278)
Forms of
Concerted 1. Strike;
Activities 2. Lockout; and
(Labor Code, 3. Picketing

Art. 278)
Grounds for ● 1. Unfair Labor Practice (ULP) of the Employer and the Union
Strike or ● 2. Collective Bargaining Deadlock (CBD)
Lockout
Who can 1. Any certified or duly recognized bargaining representative on the
grounds of bargaining deadlock and ULP;
declare a 2. Employer; or
strike or 3. In the absence of #1, any legitimate labor organization in the
establishment (only for ULP) (IRR Labor Code, Sec. 2, Rule XII, Book
lockout V)
 1. Is contrary to a specific Prohibition of law, such as strike by
employees performing governmental functions
2. Violates a specific requirement of law (as to Procedure)
3. Is declared for an unlawful Purpose, such as inducing the
employer to commit an unfair labor practice against nonunion
employees
Illegal Strike
4. Employs unlawful Means in the pursuit of its objective, such as
widespread terrorism of non-strikers
5. Violates an existing Injunction
6. Contrary to an existing Agreement, such as a no-strike clause or
conclusive arbitration clause (Toyota Motor Phil. Workers
Association v. NLRC, G.R. No. 158789, 2007
 ● 1. Notice of Strike /Lockout
● 2. Cooling-off Period
PROCEDURAL ● 3. Strike /Lockout Vote
REQUIREMENTS
● 4. Strike /Lockout Vote Report
● 5. 7-day strike/lockout ban
●Thank you ☺