December 8, 2014

LABOR RELATIONS

What can they do. Pwede sila muhatod ug bugas, sud-an. To whom? To the members of XYZ union who went on strike. Because employees who went on strike are not working. They are not receiving salary because under strike, no work - no pay applies. You want to go on strike, you have to take the risk that you will not get paid. In the meantime, if the strike went on for 10, 15 days. What will happen? Kulob ang kaldero. What will the other members of the federation do? They will probably support you because they believe in your cause. Isa pa, you are under one umbrella. Correct? That's one of the reasons why some union opt to be under a federation. In independent union, if you go on strike, who will support you? Nobody. Can you sustain the strike for 15 days? Probably not. 30? All the more. But if you a union under a federation, you can actually survive.

What are examples of federation? FFW - Federation of free workers. ALU - Associated labor union.

How many according to the law? There should be 10. All of them must be bargaining representatives. For the federation to be organized.

Chartered local is given life by way of charter cert issued by the Federation.

A Federation must be registered with DOLE also. It is an LLO - legitimate labor organization.

Is an independent union an LLO? Yes or no?

Remember, only LLOs can take part in a representation process. You have to register.

What are the ways to become LLO, according to Art. 234? Those are the requirements for registration. When you comply with those requirements, and you have 20% of the members of the bargaining unit, you will be registered. Who will register you? With the DOLE.

When DOLE issues you a certificate of registration, you will become, you will be given the status of a LLO. An LLO now will now have the right to take part in a representation process. In can present itself. What is it presenting itself for? It can present itself as a choice for the purposes of the workers electing you as my representative for Collective Bargaining.

So I am now an LLO. I will represent the workers if you want me to represent you in the collective bargaining.What is the difference between a union and a bargaining unit?

A bargaining unit is the appropriation of workers who share the same common interests.

Why can't we combine rank and file and supervisors in one bargaining unit? Because they have different interests. Combing them would mean that the bargaining unit is NOT APPROPRIATE, it will not promote their best interest.

As I told you, you cannot combine them. Because supervisors are not concerned about overtime pay. They are not entitled to overtime pay, higher service incentive leave, night shift differential. They will not be asking for those. Rank and file will be interested in the higher premium for overtime, work rendered in holidays. What are the supervisors interested in? If whether or not the company will pay 70% of the car, additional communication allowance? Those are their concerns. Different. So you do not combine them in the same bargaining unit.

Example: Bargaining unit of rank and file. There are 500 of them. They want to organize a union. How many should be members of the union so they can organize an independent union? They need at least 100 members (20%). 20% of the members of the bargaining unit should be members of the union for it to be registered as an independent union. Among other things as required by law. Mga constitutional by laws, minutes of the organizational meeting, names and addresses of the members.

According to the Supreme Court what is required is the list of the names of the members, not their signatures. Read Art. 234: The names and addresses... the list....

Case: The BLR cancelled the registration on the ground that there was no signature attached. However the SC ruled that the law never required signatures. You cannot require what is not required by the law.

What are the two ways to become LLO?

1. Registration under 234

2. Chartering under 234-A

LISTEN: An independent union acquires the status of LLO upon issuance of certificate of registration. It will enjoy full rights of a LLO by the time it is registered.

How about a chartered local? What makes it a LLO? Upon issuance of charter certificate by a Federation. But that issuance of charter certificate only gives rise to what is known in our jurisdiction as PRESUMPTIVE LEGITIMACY. It is presumed to be legitimate. However, for the chartered local to enjoy full rights of a LLO, it has to register as a chartered local. Unsang requirements? Naa sa 234 - A.What is the purpose of the issuance of a charter certificate? Only for the purpose of presumptive legitimacy, with limited rights. According to 234 - A (240)... Only for the purpose of FILING A PETITION FOR CERTIFICATION ELECTION. That is its sole right. Filing only. Under the rules, filing lang talaga. And it ends there. It cannot even participate in the election proper itself if it will not seek registration as a chartered local. It can file a petition.

What is the petition praying for? Petition for certification election (PCE)? What is it asking? Certification election resolves representation isssues. So what are you asking if your filing a PCE? What are you asking DOLE to do? The result is that you will become the exclusive bargaining unit. To call for election. To ask workers two things: 1) Do you want to be represented by a union? 2) Which of the two union do you want to represent?

What are the choices? If there's only 1 union, is the union automatically be certified as the bargaining agent? NO. Because you still have to ask the 1st question... do you want to be represented. If you don't want to be represented, the bargaining unit will remain unorganized. If more than 1 union, you have to make a choice. Is it Union A, B, or C.

What is being resolve? Representation issues/cases

What is the process called? Certification Election

So a chartered local when it has not registered yet as a chartered local may ONLY file a petition to ask DOLE to call for election. If DOLE grants the call for election, which DOLE always do with only 1 requirement under Art. 256... That the petitioner is a LLO.

Question: If dili pa sila ma register even if naay CE, dili sila ka vote noh?

Answer: Dili madayon ang CE if they will not register. It's in the Rules. You read the portion regarding the decision of Med-Arbiter. It says there that a chartered local who fails to submit the certificate of registration will be excluded from among the choices in the CE. Bisan pa ug sya ang petitioner. Can a chartered local be a petitioner? Yes. Because it can file a petition. So petitioner sya. Example: Union A sya. Tapos ang sabi ng Union B which is an independent union, Union A should already be registered. Because it cannot be admitted unless it will register first. Union A is already a LLO with limited rights. And what is that? Only to file a PCE. And so Union A filed a petition.Union B heard about the petition, it filed a motion for intervention. It intervened by saying "please include me in the list of the choices because I exist. Union A and B exist in the same bargaining unit. Med-Arbiter granted the petition. Will there be a chance that Union A's name will be deleted in the choice? Yes. If it fails to register as a chartered local FIVE DAYS PRIOR TO THE CONDUCT OF ELECTION.

Prior to the conduct of election, Union A should already register for it to enjoy full rights of a LLO.The concept of the union movement in the Philippines.

Several federations can form a TRADE CENTER. Several unions or chartered local may be a part of a federation.Example of Trade Center: TUCP and KMU

How many entities exist in the Philippines as a union. There are only 4 types. These are all labor organizations.

Independent Union

Chartered Local

Federation

Trade Center

LISTEN:

National Unions: Federation and Trade Center, the inter and intra union dispute and cancellation cases will be under the BLR.

Why? Because these are all national organizations.

Independent Union and Chartered Local at the Establishment/Enterprise level, it is cognizable by Med-Arbiter if its inter-intra or Regional Director if cancellation.

There is no representation issue involving a Federation or Trade Center.

A representation case is always at the enterprise level.

One more thing:

Independent union and Chartered local- Inter & intra (Med Arbiter)- cancellation (RD)

Both instances are appealable to the BLR.

Is the decision of the BLR in its appellate jurisdiction appealable to the SOLE, in cases originating from Regional Office?

NO. Not anymore.

Because there is only one appeal.

When will BLR exercise original jurisdiction over a labor organization dispute? If it involves a Federation or Trade Center.. This will be appealable to the SOLE.

If representation case, the appeal will go directly to the SOLE. 1