Freedom of Choice

- An employee has the right to join or not to join a LO. He may leave and cancel
his membership anytime.
- Excpt: If there is a valid union security clause in the CBA like closed shp or
union shop arrangement between management and union. In this case,
employee is duty bound to keep his union membership for the duration of the
CBA as a condition for his continued employment. If such membership in the
union which is the CBA is validly terminated, he may likewise be terminated
from his employment. The ONLY EXCEPTION is when employee objects to such
membership on ground of religious belief

Right to join union acquired from first day of employment

Union Members, who are not employees, do not possess the right to join union

- It is a fundamental rule that the bargaining unit be composed of employees.

RIGHT OF UNION MEMBERS – ART 250

Fiscal Rights

1. Against arbitrary, oppressive, or excessive fees and forfeitures

2. Full and detailed reports on financial transactions
3. Against unauthorized collection of fees
4. Claim receipt for every payment of fees and dues
5. Prevent funds of organization from being used for purposes other than those
provided in the union’s consti
6. Against unauthorized check-off for special assessment, attorney’s fees,
negotiation fees or other extraordinary fees without individual written
authorization signed by employee
7. Vote on compensation of union officers

Information

1. To require treasurer to render an accounting of funds at least once a year

2. Inspect books of accounts
3. To be informed of the provisions of the consti, by-laws, CBA
4. Seek investigation of any irregularity

Political

1. Vote and be voted as an officer of union

2. Be appointed to appointive positions in the organization

Right to participate in decision making

1. Vote by secret ballot on any question of major policy affecting the entire
membership
2. Initiate and participate in impeachment against erring officers

Labor organization- any union or association of employees which exists in whole or in

part for the purpose of collective bargaining or for dealing with employees concerning
terms and conditions of employment. It is created for mutual aid, interest, and
cooperation or other lawful purposes.

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Labor Union- Labor Organization in private sector organized for collective bargaining
andf for other legitimate purposes.

TWO PURPOSES OF LO

1. For collective bargaining

2. For dealing with employer

TWO MODES OF CREATING LO

1. Independent registration
2. Chartering of local chapter/chartered local

* Only federation or national union may directly create a local chapter/chartered loca
by issuing a charter certificate

TRADE UNION CENTERS NOT ALLOWED

- They may register as a legitimate LO but they cannot create a local chapter (Art
240 as amended by RA 9481)

Criteria IR Chartering
Documentary req Art 240 Art 241
Unions covered Independent LO Local Chapter or
Federation Chartered local
National Union
Industry Union
Trade Union Center
Acquisition of legal Acquires it upon issuance Acquires it in 2 stages:
personality of Certificate of 1. Partial legal
Registration by BLR personality which it
acquires upon
issuance to it of a
charter certificate
by Federation or
Union
2. Full legal
personality only
upon submission to
DOLE of its charter
certificate and
documents in Art.
241
No independent
registration is req to
acquire personality.
Right to file PCE Upon issuance of Cert of Upon issuance of charter
reg cert by a federation or
national union (first
stage), both or either local
chapter/chartered local
and/or federation or
national union can file

AFFILIATION AND DISAFFILIATION

UNION VIS A VIS MEMBERS

- Relationship bet union and members is of prinicipal and agent. Union act as
agent of the members. It is fiduciary in nature. Union has the duty as an agent
to secure a fair and just wages and good working conditions.

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MOTHER UNION VIS A VIS AFFILIATE OR LOCAL CHAPTER

- National Union or Federation is the mother union (agent) while the local
chapter/chartered local is principal.

Purpose of affiliation- To increase by collective action its (affiliate) bargaining power in

respect to terms and conditions of labor

Right to disaffiliate- Affiliate union can disassociate at any time because it is a

separate anfd voluntary association

Criteria Independently registered Local Chapter

Proper term to describe
Proper denomination
Nature of relation
Proof of relationship
Effect of
affiliation/chartering
Effect of disaffiliation
union
Affiliation Chartering
Affiliate Local chapter/chartered
local
Prin-agent Prin-agent
Contract of affiliation Charter cert
Does not affect As it is a creation of
independent legal federation or national
personality union, its legal personality
is dependent and
coterminous with its
association
Does not affect legal Ceases to have LP excpt if
personality since it has its prior to disaafiliation, it
own independent reg has secured independent
reg.

Principles on affiliation

1. The fact that affiliate union is not a legitimate LO does not affect the principal-
agent rel
2. Affiliate union becomes subject to rules of federation
3. Fact that it was federation which negotiated the CBA does not make it the
principal and the affiliate or union the agent.
4. But, if it was the federation that negotiated all the CBA’s in the establishment,
local chapter cannot negotiate the renewal of CBA without consent and
participation of federation.
5. It is the local union not the F/NU that has the right to administer and enforce
the CBA with employer
6. In case of illegal strike, local union not mother union is liable for damages

Principles on disaffiliation

1. Disaffiliation does not divest an affiliate union of its legal personality

2. Disaffiliation to form new union does not terminate status of members as
employees of company. By said act of disaffiliation, employees who are members
of the LU did not form a new union but merely exercised their right to register
their LU.
3. DIS be approved by majority of the union members
4. DIS terminated the right to check off federation dues
5. DIS does not affect the CBA nor will it amend it nor change administration of
the contract
6. As a rule, LU may disaffiliate from mother union to form an independent union
only during the 60 day freedom period prior to the expiration of the CBA. IT IS
NOT LEGALLY IMPOSSIBLE HOWEVER to effect disaffilitation prior to freedom
period provided that it is approved by majority of members of the bargaining
unit. In this case, the CBA continues to bind members of the new or
disaffiliated and Ind Union up to expiration thereof.
7. DIS does not violate union security clause and is not an ULP
8. Issue of disaffiliation or affiliation is an inter-union conflict jurisdiction of which
is BLR and not LA

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 BARGAINING UNIT

- CBU is a group of employees sharing mutual interests in wgaes, hours of work,

working conditions within a given employer unit comprised of all or less than all
of entire body of employees in the employer unit ot any specific occupational or
geographical grouping within such employer unit

No hard and fast rule to determine CBU

- The test whether the CBU is appropriate is whether it will best assure to all
employees the exrcise of their collective bargaining rights.
- There should be community of interest which should be reflected in groups
having substantial similarity of work and duties , conditions.

TEST to determines an appropriate CBU

1. Community or mutuality of interest doctrine – it is characterized by similarity of

employment status, same duties and responsibilities and substantially similar
compensation and working conditions.

San Miguel Corp vs. Laguesma – Magnolia Sales office entire northern Luzon is
only 55.
2. Globe doctrine- It is based on the will of employees.

Intermidiate School Alliance vs. Quisimbing- foreign hired teachers do not

belong to the bargaining unit of the local hires because the former have not
indicated their intention to be grouped with the latter for purposes of CBA
3. Collective Bargaining history doctrine- it is not decisive nor conclusive in
determination of what constitutes an appropriate bargaining unit
4. Employment status doctrine- Example casual employees and those employed
on day to day basis do not have mutuality of interest.
Belyca corp vs. Ferrer – the piggery and poultry division of the corp does not
perform work similar to those in the supermarts and cinemas of the corpo.

SEBA

- Refers to a legitimate labor union certified as the SEBA of all employees in a

CBU.
- LU certified as SEBA means that it shall remain as such during the existence of
the CBA to the exclusion of all other labor organization operating in the CBU
and no petition for certification election questioning majority status shall be
entertained not shall certification election be conducted outside of the 60 day
freedom period immediately before the expiry of 5years of CBA.
- SEBA represents also members of the other unions called minorty union.

Non certified union cannot collectively bargain. Only those labor organization selected
by majority of the employees

Right of individual employee or group of employees (either SEBA members or Non-

Seba members who belong to other union) to bring grievances despite existence of
SEBA.

- They have the right, whether they are members or non-members of the SEBA,
to exercise their right to present grievances directly to their employer with or
without consent and participation of the SEBA.

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 - SEBA cannot thus force the employee to first use the grievance mode of the
union

 HOWEVER, the right does not authorize them to bring their grievances through
the CBA’s grievance machinery and if unsettled, elevate them to voluntary
arbitration without the participation of the SEBA.
 Moreso, they cannot have their grievance processed through the grievance
machinery or volun arbitration mechanisem in the CBA without participation of
SEBA

FIVE MODES OF DETERMINING SEBA OF EMPLOYEES IN CBU

1. Request for SEBA Cert (it replaced voluntary recognition)

Justification- in an inter-union or certification/representation dispute,
employer is mere by-stander. Employer has no right to oppose in any way the
PCE. This holds true irrespective of whether the PCE is filed by employer or by
legitimate labor organization.

The only participation of employer are: 1) To be notified of the filing of PCE and
2) submit list of employees during the pre-election conference, should the med
arbiter act favorably on the PCE

That is why voluntary recognition by employer of SEBA is contrary to the

autonomous process of choosing SEBA

WHERE FILED- the legitimate labor org may file a request in the DOLE Regional Office
which issued its Certificate of Registration or Certificate of Creation of Chartered Local

THREE SCENARIOS

1. Request for certify in an unorganized establishment with only one legitimate

union.
2. Request for certify in an unorganized establishment with more than one
legitimate union.
3. Request for certification in organized establishment

Effect of certification- the certified union shall enjoy all rights and privileges of
exclusive SEBA

CERTIFICATION YEAR BAR RULE- issuance of the SEBA Certification BARS the filing
of PCE by any labor organization for a period of 1 year from date of its issuance. It is
only upon expiration of 1 year that any other LO may file PCE in the same CBU
represented by SEBA for purposes of challenging the majority status of the certified
SEBA unless CBA between employer and SEBA has already been executed and
registered with regional office

2. Certification election
- Process of determining through secret ballot the SEBA of employees in an
appropriate CBU
- It is conducted only upon order of med arbiter of BLR
PARTIES MAY FILE
1. Any legitimate Labor Org (Fed, NU, IRU)
2. Employer when required to bargain collectively in a bargaining unit where
no registered CBA exits (But employer here is also a mere bystander)
- Only a LEGITIMATE LO can file PCE

WHERE TO FILE- SAME AS in Request

CERTIFICATION ELECTION IN UNORGANIZED ESTABLISHMENT

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 - In cases involving PCE filed by legitimate LO in an establishment where thereis
no certified SEBA, hence, unorganized, the Med-Arbiter should automatically
conduct a certify elec upon filing of PCE.
- The conditions and limitation as regards organized establishment do not apply
here

CERTIFICATION ELECTION IN ORGANIZED ESTABLISHMENT

- Med arbiter to automatically order conduct of Cert Elec by secret ballot in an

organized establishment as soon as the following requirements are met:
1. PCE is filed within 60d freedom period – Strictly followed. Not a day earlier of
after.
2. PCE is verified
3. Supported by written consent of at least 25% of all employees in CBU

DENIAL OF THE PCE

1. Petitioning union is not listed in the DOLE’s registry of legitimate LO

2. In an organized establishment, failure to submit 25% consent signature
3. Non-appearance of petitioner for 2 consecutive scheduled conferences before
med arbiter
4. Absence of employer-employee relationship between all members of
petitioning union and establishment
5. VIOLATION OF BAR RULES

GR: In absence of CBA duly registered, PCE may be filed at any time EXCEPT when it
is prohibited under the following:

1. CONTRACT BAR RULE

2. STATUTORY BAR RULE
3. CERTIFICATION YEAR BAR RULE
4. NEGOTIATIONS BAR RULE
5. BARGAINING DEADLOCK RULE

CBR- existence of CBA, which is herein contract referred, bars the filing of a PCE.
Once CBA is duly registered and validly subsiting, no PCE should be entertained that
may disturb it.

Duration- entire 5 year lifetime of CBA, no PCE questioning the majority status of
incumbent SEBA shall be entertained and no certification election shall be conducted
by DOLE outside of 60 day freedom period immediately before the date of expiry of 5y.

Purpose:

- Where CBA exists, parties shall maintain status quo and continue in full force
and effect the terms and conditions of existing agreement
- At expiration of 60 day freedom, employer should continue recognizing the
majority of the status of the incumbent bargaining agent where no PCE
challenging such majority.

EXCEPTIONS: (PCE may be filed)

1. During 60 day freedom period

2. No CBA is registered with BLR or DOLE offices
3. When CBA, although registered, contains proviso lower than standards fixed by
law or illegal per se
4. Documents supporting CBA is falsified
5. CBA is not complete as it does not contain any of mandatory provisions

6
 6. When CBA was extended during its term as when it was negotiated into prior to
60 day freedom period. This will frustrate the will of employees in choosing their
representative
7. When there is shism in the union resulting in an industrial dispute wherein the
CBA can no longer foster industrial peace.
8. There is automatical renewal provision in CBA but prior to date when such
automatic renewal became effective, employer filed manifestation with BLR that
SEBA does not represent anymore majority of workers in the CBU
9. CBA is executed before any employees are hired
10.Nature of operation substantially changes between execution of CBA and filing
of PCE like merger or consolidation of 2 or more operations creating a new
operation with major personnel changes
 Validity of CBA renegotiated and concluded by the employer and existing SEBA
before the arrival of 60 day freedom period and even during such period is
unassailable if no PCE is filed by rival union.

STATUTORY BAR RULE

- Bars the filing of a PCE within a period of one (1) year from date of valid
conduct of certification, consent, run off, re run election where no appeal on the
reulsts .

The 1 year period may either be denominated as statutory bar rule (if not SEBA is
certified) or certification bar rule (if there is certified SEBA)

 Staturoty bar of 1 year period begins to run on actual date of prior election and
not from date SEBA was certified, which is reckoning of another rule, CYBR

 INAPPLICABILITY TO RE-RUN OR RUN OFF ELECTION

- In case of RR or RO election is necessary, the statutory bar rule does not

preclude it since it is required to be done within a certain period after failed
certification election, which period incidentally falls within 1 year thereafter

CERTIFICATION YEAR BAR RULE – PERIOD WHEN THE CBA NEGOTIATION

MUST COMMENCE AFTER A UNION HAS BEEN CERTIFIED AS SEBA.

- This rules prevent holding of new certification election until the parties have
had one year to bargain

 If SEBA fails to commence negotiation or bargaining process within said period,

its being SEBA may be questioned by another union via filing of new PCE

NEGOTIATIONS BAR RULE

- No PCE should be entertained once the SEBA and employer commenced

negotiations in good faith within 1 year from date of certification, consent, run
off, re run election
- While CBA negotiations is being made, no challenging union is allowed to file
PCE
- No period as to when the negotiation shall be concluded.

BARGAINING DEADLOCK RULE

- If there is a failure in collective bargaining negotiations between SEBA and

employer resulting in an impase or stalemate. This happens when despite

7
 efforts in bargaining in good faith, parties failed to resolve issues and it appears
that no other definite options are in sight.
- PCE may not be entertained when bargaining deadlock is submitted to
conciliation, compulsory or voluntary arbitration or has become subject of a
valid notice of strike or lockout
 This rule applies even if there is no actual deadlock if the circumstances are
similar to a deadlock. In capitol case, the SEBA had take action to legally coerce
employer to bargain collectively.

DOUBLE MAJORITY RULE – Purpose is to have valid certification election and

to declare the winning union that will be certified as SEBA

FIRST MAJORITY- To be a valid certification election, at least majority of all

eligible voters in the bargaining unit should have cast their votes

SECOND MAJORITY- Majority vote of the valid votes cast required in order to
be chosen as SEBA

NO UNION always a choice

- If No Unio choice wins, no SEBA shall be proclaimed and no PCE be filed within
1 year from conduct of certification.

ELIGIBILITY OF VOTERS- he must be a member of the CBU 3 months prior to the

filing of the petition

3. Consent Election- process, voluntarily and mutually agreed upon by contending

unions.

Consent election is upon mutual agreement while certification elec it is upon

order of Med-Arbiter.
Con El is conducted with or without supervision of DOLE while Cer Elec is
always with it
Con El involves 2 contending unions while Cer El may involve one union

4. RUN-OFF ELECTION- Elements:

- 3 or more contending unions
- None of them garnered majority of valid votes cast
- But total number of votes for all contending unions, if added, is at least fifty
percent of the number of valid votes cast
 If all are present, run off election be made bet the 2 highest vote garnering
unions. The third union and other will no longer participate. The no union
choice should no longer be included

 If all are present, and no objections which if sustained can materially alter the
election results, election officer should motu propio conduct a run-off election
within 10 days from the close of the election proceeding

RE RUN ELECTION

- To break a tie
- To cure failure of election
- When certification, consent or run off election has been invalidated due to
serious irregularities committed during said occasion like fraud, bribery, acts of
terrorism or force.

8
TIE:

1. At least 2 unions involved and a tie in the votes occurred between:

(a) Between 2 contending unions and the No Union choice did not garner
majority
(b) Between 1 of the 2 unions and no union choice
 If no union choice garners majority, fact that the 2 unions tied no longer
matter.

RULE in case of failure of election

- There is failure if less than majority of eligible voters cast their votes
- In case of failure, a motion for holding of another certification or consent
election, which is now called re run election within 6 monts from date of
declaration of failure of election is proper.

 In case all 3 or more or all of the choices have same number of votes, no run-off
election be conducted. The inconclusive election should be declared a nullity
and a re-run election should be held instead.

RIGHTS OF LABOR ORGANIZATION (ART 251)

1. Act as representative of its members in CB

2. Be certified as SEBA
3. Be furnished by employer upon written request with annual audited
financial statements
4. Own property for use and benefit of LO and members
5. Sue and be sued
6. Perform all other activites designed to benefit the organization and members

Notwithstanding provision to contrary, income and properties of LO, including

grants, endowments, gifts, donations and contributions they receive from
fraternal and similar organization, local or foreign, which actually, directly, and
exclusively used for their lawful purpose is free from taxes duties and
assessments.

CHECK-OFF

- It is a process device whereby employer, on agreement with SEBA, or on prior

authorization from employees, deducts union dues or agency fees from the wage
and remits them directly to the union.

- Only the SEBA has the right to check off. Minority union has no right

2 KINDS OF CHECK OFF

A. Collection of union dues, special assessments and fees such as attorney’s fees,
negotiation fees by SEBA from members. In here written authorization by
employee is required.
B. Collection of AGENCY FEES from non-members of SEBA but covered by and
included in the CBU who ACCEPT the benefits provided in the CBA. No written
authorization is req as the law itself allows it.

Principles:

1. Employer has obligation to remit the amount to the Union.

2. System of check off is primarily for benefit of union and indirectly to individual
employee.
3. Employer has no obligation to pay SEBA for unchecked off union dues and
assessments.

9
All unions are authorized to collect reasonable amount of :

1. Membership fee
2. Union due
3. Assessment
4. Fines
5. Contributions for labor education and research, mutual death and
hospitalization benefits
6. Agency fees

REQUISITES FOR CLLOECTION:

1. Authorization by WRITTEN RESOLUTION of majority of all members at a

general membership meeting
2. Secretary’s record of minutes of meeting
3. Individual written authorizations for check off duly signed by employee

Assessment for attorney’s fees, negotiation fees and similar charges

- No such fees shall be collected from the individual members. Such fees shall be
charged only against union funds.

INDIVIDUAL WRITTEN AUTHORIZATION NOT REQ

1. Agency fees from non-members of SEBA

2. Deductions for fees for mandatory activities such as labor relations seminars
3. Check off for union service fees authorized by law
4. Deduction for withholding tax
5. Employees debt to employer already due
6. Deduction made pursuant to judgement of court
7. Deduction incurred for food, clothing, shelter, medicines
8. Philhealth, SSS, Pag-ibig

- Minority union has no right to check off

Principles

1. Check off after withdrawal of individual authorization not legal

2. Disauthiorization does not require that it be written individually.
3. Approval of union dues and assessments by majority of all members of union is
required.

AGENCY FEES

- It must be reasonable in amount

- Equivalent to dues and other fees paid by members of SEBA

Non-SEBA member has right not to accept benefits

Non-SEBA member need not become members of SEBA. Their acceptance of the
benefit does not make them member. By accepting, they only make the SEBA as
their agent.

The right of SEBA to demand from employer the check-off of agency fee accrues the
moment non-seba members accept the benefits under CBA

Non-SEBA members who pay agency fees remains liable to pay union dues to their
own union

10
  BUT, MINORITY UNION does not have the right to ask employer to check off
union dues and assessments from the wages. ONLY SEBA can ask check off.

DUTY TO COLLECTIVELY BARGAIN

- Performance of a mutual obligation to meet and convene promptly and

expeditiously in good faith for purpose of negotiating an agreement pertaining
wages, hours of work, and all other terms and conditions of employment.
- This duty however cannot compel a party to agree to a proposal.
- The duty to bargain collectively does not include the duty to reach an
agreement.
- Ultimate goal is to reach an agreement.
- Violation of this duty is ULP either by employer or LO

EMPLOYER’S DUTY TO BARGAIN COLLECTIVELY IS ONLY WITH SEBA- He has

no duty to do so to individual employees of minority union.

DUTY TO COLLECTIVELY BARGAIN IN ABSENCE OF CBA

- It should be in accordance with 1) any agreement or voluntary arrangement

providing for a more expeditious manner and if none 2) through the procedure
laid down by law

DUTY TO COLLECTIVELY BARGAIN IF THERE IS CBA

- If there is CBA, duty to collectively bargain means that neither party shall
terminate nor modify such agreement during its lifetime.
- However, either party can serve a written notice to terminate or modify CBA at
least 60 days prior to its expiration date.
- It is duty of parties to maintain status quo and continue in full force and effect
terms and conditions of existing agreement during 60 day period and/ or until
new agreement is reached.

60 DAYS FREEDOM PERIOD

- Only time to terminate, alter, modify CBA

- Only time to file PCE

Automatic Renewal Clause

- Pending renewal of the CBA and while parties are negotiating its renewal, the
parties are bound to keep status quo and to treat ALL terms and conditions full
force and effect.

KIOK LOY DOCTRINE- the CBA proposed by the SEBA may be adopted as the new
CBA if the employer unjustifiably and in bad faith refused to counter-propse and
negotiate the terms and conditions.

 If unchallenged during 60 day freedom period, majority status of the existing

SEBA is deemed uninterrupted and continuing and thus should be respected
by employer.

CBA- Refers to the negotiated contract covering wages, hours of work and all other
terms and conditions of employment including mandatory provisions for grievances
and arbitration machineries.

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 Purpose is to stabilized labor-management relationship.

It is the law between the parties and thus, any violation thereof can be subject of
redress in court.

 THE CBA is a limitation of the exercise of management prerogative.

 The CBA is not an ordinary contract
 Doubts be resolved in favor of labor (Art 1702 and Article 4)
 Ratification of the CBA by majority of all the workers members of the CBU make
the same binding on all the employees therein.
 Automatic incorporation of pertinent laws to the CBA

STANDARD STIPULATION IN CBA

1. Non Economic or political- It covers scope of agreement, union security

agreement, manager rights and prerogatives, rules and regulations, discipline,
union dues and assessments, agency fee, check off, grievance machinery, vol
arbit, No strike no lock out, duration and effectivity
2. Economic or non- political- wage increase, allowance, meal, rice subsidies, leave
benefits, bonus, promotion etc.

THREE CATEGORIES OF CBA SUBJECTS

1. Mandatory subject-SEBA and employer cannot refuse to bargain on matters

pertinent to like wages, hours of work , leave, overtime, work sched, drug free
work policy under RA 9165, HIV/AIDS education and information program
2. Permissive or voluntary subjects- These cannot be the subject of bargaining
deadlock which may be cited as basis to conduct strike or lock out. Ex.
Determination of products to manufacture, general business practice
3. Illegal subjects- Parties are prohibited even from negotiating it. If stipulated, it
is void. Ex. Those provides for benefits lesser than that prescribed by law

BENEFITS FROM LAW AND CBA ARE SEPARATE AND DISTINCT. Workers are
allowed then to negotiate wage increased separately from and ain addition to
legislated wage increases.

EMPLOYEES ENTITLED

1. Members of SEBA
2. Non-member of SEBA but covered by CBU
3. Members of the minority union who paid agency fees
4. New employees hired after conclusion of CBA and during effectivity or even after
its expiration

GR: Those excluded from CBU like managerial, confidential or supervisory

employees in the case of rank and file CBU are not entitled to benefits of CBA

EXCPT:

1. When CBA benefits are granted to them by reason of company policy of practice
2. When adjustments are made to avoid distortion in the level of wages.

CBA DEADLOCK- either SEBA or employer may declare deadlock

RIGHTS OF PARTIES IN CASE OF DEADLOCK:

1. Submit the deadlock issue to conciliation and mediation by NCMB

2. Declaration and actual staging of strike by union or lock out by employer
3. Referral of case to compulsory arbitration

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 4. In case of industries indispensable to national interest, file petition for
assumption of jurisdiction over labor dispute to NLRC for compulsory
arbitration

COLLECTIVE BARGAINING PROCESS

1. There must be employer-employee relationship bet employer and members of

bargaining unit represented by SEBA
2. Majority status of the SEBA must be duly established trhough any of modes .
3. Bargaining unit being sought to be represented by the SEBA should be validly
constituted
4. Lawful written demand to bargain and a clear statement of the proposals by one
party to negotiate an agreement and equivalent counter proposals by the other
party before the collective bargaining negotiations may be commenced

- Collective Bargaining procedure is mandatory because of the basic interest of

state in ensuring lasting industrial peace .The other party upon whom the
written notice containing the proposals was served is mandatorily required
under the law to make a reply thereto not later than 10 calendar days from
receipt of such notice.

STEPS in CBA process

1. Preliminary process – act of serving written notice upon other party with
statement of proposals and other party to submit counter proposals
2. Negotiation- meeting not later than 10 calendar days from date of request for
conference
3. Signing and execution- of the CBA
4. Publication- posting of a copy of the CBA in at least 2 conspicous place in the
workplace at least 5 days prior to the ratification by all employees comprising
the CBU
5. Ratification- ratifying in writing the newly concluded CBA by AT LEAST
MAJORITY OF ALL EMPLOYEES COVERED BY AND INCLUDED IN THE CBU
and not of the SEBA
6. Regisration of CBA to BLR or Dole Regional office
7. Joint administration of the CBA for 5 years

Principles

1. A proposal not embodied in the CBA is not part thereof. Only stipulations
embodied in the CBA should be binding on the parties thereto
2. Minutes of the CBA negotiation meetings are not part of the CBA
3. Any promises during the CBA process is just but a mere promise.
4. Parties have no obligation to precipitately agree to proposals
5. Refusal of a party to sign the fully concluded CBA is ULP
6. Allegations of bad faith are wiped out with the signing of the CBA. With the
execution of the CBA, bad faith bargaining can no longer be imputed because
all the provisions of the CBA are deemed to have been jointly and voluntarily
agreed upon. The CBA itself is a proof that there was efforts at good faith.
7. However, the signing of the CBA does not preclude the parties from raising
charges of ULP

ULP- not all unfair acts constitute ULP. For there to be ULP, the unfair act must be
related to:

1. Exercise of right to self organization

2. Exercise of right to collective bargaining
3. Compliance with the CBA

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 - Only ULP not related to the above is ie., to dismiss, discharge, or otherwise
prejudice or discriminate against an employee for having given or being about
to give a testimony under LC.

Who may commit ULP

1. Art 259 ULP by employers

2. Art 260 ULP by LO
- Only those officers , members, agents who actually committed or participated

Elements of ULP

1. Employer-employee relationship between the offender and offended party

2. Act complained of must be expressly mentioned in the LC

BOTH be present.

ASPECTS of ULP

1. Civil- actual, moral, exemplary damages and other affirmative reliefs. Generally,
these must be asserted before the labor arbiters who has jurisdiction
2. Criminal- only regular court

Burden of proof- Employer or LO

ULP by Employers

It shall be unlawful for an employer to commit any of the following unfair labor practices:

1) To interfere with, restrain or coerce employees in the exercise of their right to self-organization;

2) To require as a condition of employment that a person or an employee shall not join a labor organization
or shall withdraw from one to which he belongs;

3) To contract out services or functions being performed by union members when such will interfere with,
restrain or coerce employees in the exercise of their right to self-organization;

4) To initiate, dominate, assist or otherwise interfere with the formation or administration of any labor
organization, including the giving of financial or other support to it or its organizers or supporters;

5) To discriminate in regard to wages, hours of work and other terms and conditions of employment in
order to encourage or discourage membership in any labor organization. Nothing in the Labor Code or
in any other law shall stop the parties from requiring membership in a recognized collective bargaining
agent as a condition for employment, except those employees who are already members of another union
at the time of the signing of the collective bargaining agreement. Employees of an appropriate
bargaining unit who are not members of the recognized collective bargaining agent may be assessed
a reasonable fee equivalent to the dues and other fees paid by members of the recognized
collective bargaining agent, if such non-union members accept the benefits under the collective
bargaining agreement: Provided, That the individual authorization required under Article 242,
paragraph (o) of this Code204 shall not apply to the non-members of the recognized collective
bargaining agent;

6) To dismiss, discharge or otherwise prejudice or discriminate against an employee for having given
or being about to give testimony under this Code;

7) To violate the duty to bargain collectively as prescribed by this Code;

8) To pay negotiation or attorney’s fees to the union or its officers or agents as part of the
settlement of any issue in collective bargaining or any other dispute; or

9) To violate a collective bargaining agreement. (Article 259, Ibid.)

NO.1

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 - Insular life doctrine- test to determine whether there is ULP of this kind is
whether the employer has engaged in a conduct which may reasonably tend to
interfere with the employees right to self-org or CB. Not necessary that there is
a direct evidence that employer was in fact restrained. What matters is that
there is a reasonable inference that the anti-union conduct of employer does
have an adverse effect on the exercise of said rights.
- There must be proof that employer acted in bad faith: sponsoring field trip for
employees to the exclusion of union members 2) escorting its employees after
field trip to polling center
- TOTALITY OF CONDUCT DOCTRINE- totality of the conduct of the employer
will be considered.

JURISPRUDENTIALLY DECLARED ACT OF ULP INVOLCING EMPLOYER’S

INTERFERENCE, RESTRAINT OR COERCION

- Dismissals
- Threats
- Questioning and interrogation
- Offers and promises
- Espionage and surveillance
- Interferene in intra-union affairs
- Other forms of interference, restratint or coercion

DISMISSALS

1. Dis of employees after organizing their union and about to start their effort of
having a certified SEBA
2. Dis of union officers and members on ground of losses due to retrenchment
absent proof of losses or financial reverses
3. Dismissal due to employee’s refusal to give up union membership
4. Dis of employee for his act of soliciting signatures for purpose of forming a
union
5. Dis of employee because of their refusal to resign from union membership and
to join a union favorable to employer

THREATS- treathening employee with loss of job or benefits if they join a union

QUESTIONING and INTERROGATION OF EMPLOYEES

- Interrogating its employees in connection with their membership in union or

union activities which may hampers their exercise of right to SO
- Questioning employees about their union symphaties

OFFERS AND PROMISES

- Promising or implementing employee wage increases to discourage union activity or
support

- Offer of reinstatement and attempt to bribe the strikers

ESPIONAGE AND SURVEILANCE- Management conducts espionage or surveillance of

the meetings and activities of union

INTERFERENCE IN INTRA UNION DISPUTE

- Act of management in meddling with purely internal concerns, issues, and

affairs of the union is ULP. Ex. Employer, in the height of itra union dispute
ie.,election of officers, establish saving account for union where all collected
union dues anfd agency fees will be deposited and held in trust

NO.2 YELLOW DOG CONTRACT- One which exacts from workers as a condition of
employment that they shall not join to a LO or attempt to organize one during
employment or shall withdraw therefrom in case already a member

NO.3 CONTRACTING OUT OF SERVICES AND FUNCTIONS

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 DIGISERV CASE – Digital tellecomuniation closed digiserv, a department of the
company to outsource its call center operation due to alleged losses. In the interim,
Dig Tell created I-tech which have same purpose as digiserv. Head of department
same. Same office. Thus, the closure of digiserv pending the existence of an
assumption order coupled with creation of Itech shows that closure was to remove
union members.

NO. 4. COMPANY UNION

- Pendency of formal charge of company domination against one of the unions

participating in the certification election is prejudicial question that bars the
holding of election until final resolution
- Suspension of CBA for long period of time not indicative of company domination

NO. 5- THERE ARE 3 LEGAL CONCEPTS HERE

a. Discrimination
b. Union Security clause
c. Agency fee

DISCRIMINATION- example is non regularization of long time employees due to their

affiliation with the union while new employees were immediately regularized

- No ULP: Employer reserved its right in the CBA to grant better bonus to those
who are exceptionally good or efficient.

UNION SECURITY CLAUSE- requiring employee to become a member of the SEBA as

condition for employment or continued employment excpt:

1. Religious objectors who are bona fide members of religious organizations at the
time union security agreement takes effect.
2. Employees already members of another union other than SEBA at the time
security agreement took effect
3. Confidential employees who are excluded from rank and file employees
4. Supervisory employees who are excluded from becoming members of rank and
file union and vice versa
5. Employees excluded from union security clause as per express mutual
agreement of the parties in the CBA

Purpose- to ensure the union’s continued existence and to strengthen and protect it
from the fickleness of own members

- Not violative of right to association. Consti promotes unionism as it will give

benefits to all employees in the CBU since the union would be in better position
to demand improved benefits and conditions of work from the employer.

FORMS OF UNION SECURITY ARRANGEMENT

1. Closed shop agreement

2. Maintenance of membership agreement
3. Union shop agreement
4. Modified union shop agreement
5. Exclusive baragaining agreement
6. Bargaining for members only agreement
7. Agency shop agreement
8. Preferential hiring agreement

CS- agreement by employer and employee that no person is allowed to be employed in

any departments of the enterprise unless he is, becomes, and for the duration of the
CBA, remains a member in good standing of the SEBA. Purpose is because by holding
out to loyal members a promise of employment in a closed shop, the union wields
group solidarity.

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MAINTENANCE- Employees who are SEBA members as of date of agreement or who
thereafter becomes a member must maintain their membership until they are
promoted or transferred out of the bargaining unit or agreement is terminatd.

- In here, employees who ware not members of SEBA are not required to join.

UNION SHOP- all new regular employees required to join SEBA within a certain period
of time as condition for continued employment

MODIFIED US- employees who are not members of SEBA as of date of effectivity of the
CBA are not required to join it. BUT, any worker hired or employed after the
executiong of the CBA are required to join SEBA.

EXCLUSIVE BARGAINING AGENT AGREEMENT- union which negotiated the CBA is

the SEBA of all employees covered in the CBU irrespective of whether they are
members or not

BARGAINING FOR MEMBERS ONLY AGREEMENT- union which negotiated the CBA is
the SEBA only for its own members. It is not allowed since SEBA represents all in the
CBU

AGENCY SHOP- Non members of SEBA shall pay agency fee to SEBA

- EFFECT OF UNION SECURITY CLAUSE ON NON-SEBA MEMBERS- all the said

principles apply only to the members of the SEBA. Other unions are not bound
by it because the CBA can only be invoked by SEBA
- Newly hired employees can be compelled to join SEBA. BUT, other union
operating in the CBU where SEBA exist is not allowed to compel new employees
to join them.
- Members of minority union cannot be compelled to join SEBA
- Even if there is stipulation that non-seba members must become a member of
the SEBA after the conclusion of CBA, it is void for being contrary to law
- Non SEBA members can resign from their unions to join SEBA at anytime
during the lifetime of CBA
- GR on Non retroactivity of Union Security Clause: A closed shop agreement
requiring ALL employees to join SEBA is not valid. Thus, such an agreement
does not bind employees who are not members of any LO at the time of
effectivity of CBA.
Excpt: there exists a valid union security clause requiring compulsory
membership in the SEBA, in which case an employee who is not member of
SEBA at time of effect of CBA is required to join.

- Termination of employement due to violation of union security clause is a JUST

CAUSE to terminate employment.
- Violation of USC, to be a valid basis for terminating employment, must be
EXPRESSLY stated therein that such is a consequence. In case of doubt, it
should be resolved against dismissal.

DUE PROCESS IN TERMINATION DUE TO VIOLATION OF USC (REQ)

1. The USC is applicable

2. SEBA is requesting for enforcement of such clause
3. Sufficient evidence for the enforcement of such clause to expel a member
 Employer’s obligation to terminate employment of errant member upon demand
by SEBA. Upon receiving demand by SEBA, employer shall conduct its own
independent investigation and grant employee opportunity to be heard.
 An expelled union member cannot be dismissed by employer without union’s
recommendation to that effect.
 Employer must observe the twin notice rule

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** GOOD FAITH IS NOT A DEFENSE BY EMPLOYER AND UNION from liability for
reinstatement, backwages, and damages in case dismissal was found to be illegal.
Their liability is solidary in nature as to backwages, separation pay, backwages, and
damages.

FILING OF CHARGES OR GIVING OF TESTIMONY

- It also covers filing of a complaint.

- Unique case: Company dismissed Employee A who is the brother of Employee B
who filed the complaint

CBA RELATED ULP’S

1. Violate the duty to bargain collectively- Failure of employer to submit its

counter proposal to the SEBA does not by itself constitute ULP. BUT, if
employer refuses to submit.

- Failure of employer to provide updated financial information during the course

of negotiations of the CBA is ULP
- Unilateral changes in wages and terms and conditions of employment in the
course of the CBA negotiation without negotiating first with SEBA is bargaining
in bad faith
- To negotiate with individual workers rather than with the SEBA is ULP. \

BARGAINING IN BEHALF OF ITS MEMBERS ONLY-

SURFACE BARGAINING- going through the motions of negotiating without legal intent
to reach an agreement. Can only be committed by Employer

BLUE SKY BARGAINING- making exaggerated or unreasonable proposals. Can only be

commited by SEBA

BOULWARISM- management opens negotiation with a generous offer that is not

meant to be negotiated. Take it or leave it

ULP BY LO

a. To restrain or coerce employees in the exercise of their right to self-organization.

However, a labor organization shall have the right to prescribe its own rules with
respect to the acquisition or retention of membership;
b. To cause or attempt to cause an employer to discriminate against an employee,
including discrimination against an employee with respect to whom membership
in such organization has been denied or to terminate an employee on any ground
other than the usual terms and conditions under which membership or
continuation of membership is made available to other members;
c. To violate the duty, or refuse to bargain collectively with the employer, provided
it is the representative of the employees;
d. To cause or attempt to cause an employer to pay or deliver or agree to pay or
deliver any money or other things of value, in the nature of an exaction, for
services which are not performed or not to be performed, including the demand
for fee for union negotiations;
e. To ask for or accept negotiation or attorney’s fees from employers as part of the
settlement of any issue in collective bargaining or any other dispute; or
f. To violate a collective bargaining agreement.

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