Article 257 – Non-Abridgment of Right to Self-Organization
 Includes at least 2 rights: an employee may retain his job and the union’s existence is assured.
1. Right to form, assist, or join a labor organization.
2. Right to engage in lawful concerted activities.
Concerted Activity – refers to individual employee trying to
encourage a group action for collective bargaining or for mutual aid
and protection.
Interboro Doctrine – an individual’s assertion of a right grounded in
a CBA is recognized as a concerted activity, and therefore granted
protection of Section 7 of the NLR Act.
Article 258 – Concept of ULP
 It is unlawful for any person to restrain, coerce, discriminate
against or unduly interfere w/ the exercise of the right to
self-organization.
 ULP is not only a violation of civil rights but also a criminal
offense against the State.
 It is an offense against a public right or interest and should
be prosecuted in the same manner as a public offense.
 Civil aspect – under jurisdiction of Labor Arbiter
2 Elements of ULP:
1. Employer-employee relationship between the offender
and the offended.
2. Act done is an act of ULP.
Union security clause – requires membership in the union so that
Closed-shop – only union members can be hired by the company
but must remain as union members to retain employment in the
company.
Union shop – non-members may be hired but to retain
employment, they must become union members after certain
period. Applies to present & future employees.
Agency shop – agreement whereby employees either join the union
or pay to the union as EBA a sum equal to that paid by the
members. It prevents situation where non-union members enrich
themselves at the expense of union members. Also known as
treasury shop.
Free riders -employees who benefit from union activities w/o
contributing financially to union.
Runaway shop – business relocation to escape union labor
regulations or state law.
Right-to-Work law – a law that prohibits agreement requiring
membership in a labor organization as a condition of employment.
Industrial Peace Act – guarantees the right of all employees to self-
organization and to form, assist, & join labor organization of their
own choosing.
EXEMPTION FROM COMPULSORY MEMBERSHIP
1. Religious Objectors – members in a religious sect that
prohibits membership in a labor union. Protected by RA
3350.
2. Members of minority unions
 3. Confidential employees – CBA does not apply to them.
4. Employees expressly excluded by CBA stipulation.
Featherbedding – employee practices w/c create employment by
unnecessarily increasing the number of employees used to work on
a particular job
Confidential Employees – are those who assist and act in a
confidential capacity to, or have access to confidential matters to,
persons who exercise managerial functions in the field of labor
relations.
 An important element in the confidential employee rule is
the employee’s access to confidential labor relations
information w/ respect to his employer, the union or
association.
 The confidentiality of the position should relate to labor
relations matters.
 They are prohibited from engaging in union activities
because in the course of their duties, they become aware of
management policies relating to labor relations.
CHARTERING – when a duly registered federation or national union
issues a charter certificate to a union in an enterprise level and
registers the creation of the chapter w/ DOLE Regional Office where
the applicant operates.
 The union recipient of the charter certificate is called a
CHAPTER, LOCAL, OR CHARTERED LOCAL.
 It shall acquire LEGAL PERSONALITY on the date of issuance
of a charter certificate.
 The legal personality is ONLY for purposes of filing a petition
for certification election.
 The chapter shall be entitled to all other rights and privileges
of an LLO ONLY upon submission of the following
documents together w/ the charter certificate:
1. Names of chapter’s officers, their address, &
principal office of the chapter.
2. Chapter’s CBLs w/c can be the same as that of
federation.
When does a Chapter become an LLO?
 Upon the issuance of its CERTIFICATE OF REGISTRATION or
CERTIFICATE OF CREATION OF CHARTERED LOCAL.
REVOCATION OF CHARTER
1. The federation shall serve the local union a VERIFIED
NOTICE OF REVOCATION
2. Copy furnished to BLR on the ground of disloyalty, or
such other ground as may be stated in the CBL of the
federation.
CANCELLATION OF REGISTRATION – Grounds
1. Misrepresentation, false statement, or fraud in connection
w/ the adoption of CBLs.
2. Misrepresentation, false statement, or fraud in connection
w/ election of officers.
3. Voluntary dissolution by the members.
CANCELLATION OF REGISTRATION OF LOCAL/CHAPTER
 Chapter will lose its status as LLO, unless they are covered by
a duly registered CBA.
 In this case, they are allowed to register as INDEPENDENT
UNION.
 Otherwise, they will lose their legitimate status upon the
expiration of the CBA.
CHARTERING vs. AFFILIATION
1. An affiliate is always an independent registered union (an
LLO), while a chartered local is not an LLO.
2. An affiliate does not lose its legal personality despite
affiliation w/ a federation, while a chartered local acquires
its legal personality from the federation upon issuance of
charter certificate.
3. A local union owes its existence to the will of its members,
while chartered local owes it to the federation or national
union.
4. A local union is a separate & distinct voluntary association. A
chartered local relies on the status of federation.