labor compilation 2
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Labor 2TRANSCRIPT
III. Labor Organizations 32
RIZAL LABOR UNION V. RIZAL CEMENT CO. INC. (55)
MANILA CORDAGE CO. V. CIR (77)
F. Coverage – Worker Inclusion and Exclusion
Art. 248. Unfair labor practices of employers. It shall be unlawful for an employer to commit any of the following unfair labor practice:
(e) 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 this 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 Code shall not apply to the non-members of the recognized collective bargaining agent;
GUIJARNO V. CIR
G. Implementation – Obligation and Liabilities
INQUILLO V. FIRST PHILS. (09)
NATIONAL UNION OF WORKERS IN HOTESLS, ETC. V. NLRC (08)
OLVIDO V. CA (07)
MALAYANG SAMAHAN V. M. GREENFIELD V. RAMOS (00)
ALABANG COUNTRY CLUB V. NLRC (08)
H. Financial Security – Agency Shop; Check-off
Art. 248. Unfair labor practices of employers. It shall be unlawful for an employer to commit any of the following unfair labor practice:
(e) 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 this 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
III. Labor Organizations 33
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 Code shall not apply to the non-members of the recognized collective bargaining agent;
Art. 113. Wage deduction. No employer, in his own behalf or in behalf of any person, shall make any deduction from the wages of his employees, except:
(b) For union dues, in cases where the right of the worker or his union to check-off has been recognized by the employer or authorized in writing by the individual worker concerned; and
NATIONAL BREWERY V. SAN MIGUEL BREWERY INC. (63)
DEL PILAR ACADEMT V. DEL PILAR ACADEMY EMPLOYEES UNION (08)
VII. International Activities of Unions
Chapter III – FOREIGN ACTIVITIES
Art. 269. Prohibition against aliens; exceptions. All aliens, natural or juridical, as well as foreign organizations are strictly prohibited from engaging directly or indirectly in all forms of trade union activities without prejudice to normal contacts between Philippine labor unions and recognized international labor centers: Provided, however, That aliens working in the country with valid permits issued by the Department of Labor and Employment, may exercise the right to self-organization and join or assist labor organizations of their own choosing for purposes of collective bargaining: Provided, further, That said aliens are nationals of a country which grants the same or similar rights to Filipino workers. (As amended by Section 29, Republic Act No. 6715, March 21, 1989)
Art. 270. Regulation of foreign assistance.
a. No foreign individual, organization or entity may give any donations, grants or other forms of assistance, in cash or in kind, directly or indirectly, to any
labor organization, group of workers or any auxiliary thereof, such as cooperatives, credit unions and institutions engaged in research, education or communication, in relation to trade union activities, without prior permission by the Secretary of Labor.
"Trade union activities" shall mean:
1. organization, formation and administration of labor organization;2. negotiation and administration of collective bargaining
agreements;3. all forms of concerted union action;4. organizing, managing, or assisting union conventions, meetings,
rallies, referenda, teach-ins, seminars, conferences and institutes;5. any form of participation or involvement in representation
proceedings, representation elections, consent elections, union elections; and
6. other activities or actions analogous to the foregoing.
b. This prohibition shall equally apply to foreign donations, grants or other forms of assistance, in cash or in kind, given directly or indirectly to any employer or employer’s organization to support any activity or activities affecting trade unions.
c. The Secretary of Labor shall promulgate rules and regulations to regulate and control the giving and receiving of such donations, grants, or other forms of assistance, including the mandatory reporting of the amounts of the donations or grants, the specific recipients thereof, the projects or activities proposed to be supported, and their duration.
Art. 271. Applicability to farm tenants and rural workers. The provisions of this Title pertaining to foreign organizations and activities shall be deemed applicable likewise to all organizations of farm tenants, rural workers, and the like: Provided, That in appropriate cases, the Secretary of Agrarian Reform shall exercise the powers and responsibilities vested by this Title in the Secretary of Labor.
IV. Pre-Conditions to Collective Bargaining - Appropriate Bargaining Unit and Union Majority Status 34
IV. Pre-Conditions to Collective Bargaining - Appropriate
Bargaining Unit and Union Majority Status
A. Appropriate Bargaining Unit
1. Definition and Role in Law
Art. 255. Exclusive bargaining representation and workers’ participation in policy and decision-making. The labor organization designated or selected by the majority of the employees in an appropriate collective bargaining unit shall be the exclusive representative of the employees in such unit for the purpose of collective bargaining. However, an individual employee or group of employees shall have the right at any time to present grievances to their employer.
Any provision of law to the contrary notwithstanding, workers shall have the right, subject to such rules and regulations as the Secretary of Labor and Employment may promulgate, to participate in policy and decision-making processes of the establishment where they are employed insofar as said processes will directly affect their rights, benefits and welfare. For this purpose, workers and employers may form labor-management councils: Provided, That the representatives of the workers in such labor-management councils shall be elected by at least the majority of all employees in said establishment. (As amended by Section 22, Republic Act No. 6715, March 21, 1989)
Art. 256. Representation issue in organized establishments. In organized establishments, when a verified petition questioning the majority status of the incumbent bargaining agent is filed before the Department of Labor and Employment within the sixty-day period before the expiration of the collective bargaining agreement, the Med-Arbiter shall automatically order an election by secret ballot when the verified petition is supported by the written consent of at least twenty-five percent (25%) of all the employees in the bargaining unit to ascertain the will of the employees in the appropriate bargaining unit. To have a valid election, at least a majority of all eligible voters in the unit must have cast their
votes. The labor union receiving the majority of the valid votes cast shall be certified as the exclusive bargaining agent of all the workers in the unit. When an election which provides for three or more choices results in no choice receiving a majority of the valid votes cast, a run-off election shall be conducted between the labor unions receiving the two highest number of votes: Provided, that the total number of votes for all contending unions is at least fifty percent (50%) of the number of votes cast.
At the expiration of the freedom period, the employer shall continue to recognize the majority status of the incumbent bargaining agent where no petition for certification election is filed. (As amended by Section 23, Republic Act No. 6715, March 21, 1989)
BELYCA CORP. V. CALLEJA (88)
2. Determination of Appropriate Bargaining Unit
a. Factors – Unit Determination
1. In General – Standard Test
UP V. FERRER – CALLEJA (92)
2. History
SAN MIGUEL CORP. V. LAGUESMA (94)
3. Geography – Location
BENGUET CONSOLIDATED INC. AND BALATOC MINING CO. V. BOBOK LUMBERJACK CORP. (58)
IV. Pre-Conditions to Collective Bargaining - Appropriate Bargaining Unit and Union Majority Status 35
5. Size – Composition
PHIL. DIAMOND HOTEL AND RESORT INC. V. MANILA DIAMOND HOTEL EMPLOYEES UNION (04)
3. Corporate Entities
STA. LUCIA, ETC. V. SEC. DOLE (09)
DIATOGON LABOR FEDERATION V. OPLE (80)
INDOPHIL TEXTILE MILLS WORKERS UNION V. CALICA (92)
PHIL. SCOUTS VETERANS SECURITY AND INVESTIGATING AGENCY V. TORRES (93)
SAN MIGUEL CORP. EMPLOYEES UNION V. CONFESOR (96)
COMPLEX ELECTRONICS V. NLRC (99)
4. Unit Severance and Globe Doctrine
Industrial/Craft Unions
KAPISANAN NG MGA MANGGAGAWA SA MANILA RAILROAD V. YARD CREW UNION RAILROAD ENGINEERING DEPT. UNION, MANILA RAILROAD CO. (60)
MECHANICAL DEPT. LABOR UNION V. CIR (68)
5. Effect of Prior Agreement
GENERAL RUBBER AND FOOTWEAR CORP. V. BLR (87)
DE LA SALLE UNIVERSITY V. DE LA SALLE UNIVERSITY EMPLOYEES ASSOCIATION (00)
Changes – Composition
SAN MIGUEL, CORP. V. SAN MIGUEL, ETC. (05)
6. Determining Agency
Art. 232. Prohibition on certification election. The Bureau shall not entertain any petition for certification election or any other action which may disturb the administration of duly registered existing collective bargaining agreements affecting the parties except under Articles 253, 253-A and 256 of this Code. (As amended by Section 15, Republic Act No. 6715, March 21, 1989)
IV. Pre-Conditions to Collective Bargaining - Appropriate Bargaining Unit and Union Majority Status 36
Agency and Finality Order
FILOIL REFINERY CORP. V. FILOIL SUPERVISORY AND CONFIDENTIAL EMPLOYEES ASSOCIATION (72)
B. Union Representation – Establishing Union Majority Status
1. Pre-Condition – ER-EE Relationship
Election – Pre-requisite
ALLIED FREE WORKERS UNION V. CIA MARITIME (67)
DUNLOP V. SECRETARY (98)
2. Methods of Establishing Majority Status
A. Purpose
PORT WORKERS UNION OF THE PHILIPPINES V. LAGUESMA (92)
REYES V. TRAJANO (92)
B. Elections – Certification Election; Consent Election; Voluntary Recognition; Run-off Election
Art. 256. Representation issue in organized establishments. In organized establishments, when a verified petition questioning the majority status of the incumbent bargaining agent is filed before the Department of Labor and
Employment within the sixty-day period before the expiration of the collective bargaining agreement, the Med-Arbiter shall automatically order an election by secret ballot when the verified petition is supported by the written consent of at least twenty-five percent (25%) of all the employees in the bargaining unit to ascertain the will of the employees in the appropriate bargaining unit. To have a valid election, at least a majority of all eligible voters in the unit must have cast their votes. The labor union receiving the majority of the valid votes cast shall be certified as the exclusive bargaining agent of all the workers in the unit. When an election which provides for three or more choices results in no choice receiving a majority of the valid votes cast, a run-off election shall be conducted between the labor unions receiving the two highest number of votes: Provided, that the total number of votes for all contending unions is at least fifty percent (50%) of the number of votes cast.
At the expiration of the freedom period, the employer shall continue to recognize the majority status of the incumbent bargaining agent where no petition for certification election is filed. (As amended by Section 23, Republic Act No. 6715, March 21, 1989)
Art. 257. Petitions in unorganized establishments. In any establishment where there is no certified bargaining agent, a certification election shall automatically be conducted by the Med-Arbiter upon the filing of a petition by a legitimate labor organization. (As amended by Section 24, Republic Act No. 6715, March 21, 1989)
Art. 258. When an employer may file petition. When requested to bargain collectively, an employer may petition the Bureau for an election. If there is no existing certified collective bargaining agreement in the unit, the Bureau shall, after hearing, order a certification election.
All certification cases shall be decided within twenty (20) working days.
The Bureau shall conduct a certification election within twenty (20) days in accordance with the rules and regulations prescribed by the Secretary of Labor.
"ART. 258-A. Employer as Bystander. - In all cases, whether the petition for certification election is filed by an employer or a legitimate labor organization, the employer shall not be considered a party thereto with a concomitant right to oppose a petition for certification election. The employer's participation in such proceedings shall be limited to: (1) being notified or informed of petitions of such nature; and (2) submitting the list of employees during the pre-election conference should the Med-Arbiter act favorably on the petition."
Distinctions – Certification and Consent Elections
WARREN MANUFACTURING WORKERS UNION V. BLR (88)
IV. Pre-Conditions to Collective Bargaining - Appropriate Bargaining Unit and Union Majority Status 37
ALGIRE V. DE MESA (94)
1. No Direct Certification
COLGATE PALMOLIVE PHILS V. OPLE (88)
2. Employer Certification – Employer Voluntary Recognition
SAMAHANG MANGGAGAWA SA PREMEX V. SECRETARY OF LABOR (98)
3. Effect: One Union Only
GEORGE AND PETER LINES, INC. V. ASSOCIATED LABOR UNION (85)
4. Purpose
NATIONAL UNIO, ETC. V. SEC. DOLE (09)
Compare Policy on Certification Election, 256, 257, 258, and Voluntary Recognition – BV, Implementing Rules RI (bb), BV, IR, R R VIII; BV; IR, RVIII, Sec. 23
5. Religion/Past Non-Participation
REYES V. TRAJANO (92)
3. Certification Election – Process
A. The Union as Initiating Party
Art. 212. Definitions. (h) "Legitimate labor organization" means any labor organization duly registered with the Department of Labor and Employment, and includes any branch or local thereof.
Art. 242. Rights of legitimate labor organizations. A legitimate labor organization shall have the right:
(b) To be certified as the exclusive representative of all the employees in an appropriate bargaining unit for purposes of collective bargaining;
SAN MIGUEL CORP., ETC. V. SAN MIGUEL, ETC. (05)
LOPEZ SUGAR CORP. V. SEC. OF LABOR AND EMPLOYMENT (98)
IV. Pre-Conditions to Collective Bargaining - Appropriate Bargaining Unit and Union Majority Status 38
DUNLOP V. SEC. OF LABOR (98)
SAMAHANG V. DOLE (98)
1. Organized Establishment
Art. 256. Representation issue in organized establishments. In organized establishments, when a verified petition questioning the majority status of the incumbent bargaining agent is filed before the Department of Labor and Employment within the sixty-day period before the expiration of the collective bargaining agreement, the Med-Arbiter shall automatically order an election by secret ballot when the verified petition is supported by the written consent of at least twenty-five percent (25%) of all the employees in the bargaining unit to ascertain the will of the employees in the appropriate bargaining unit. To have a valid election, at least a majority of all eligible voters in the unit must have cast their votes. The labor union receiving the majority of the valid votes cast shall be certified as the exclusive bargaining agent of all the workers in the unit. When an election which provides for three or more choices results in no choice receiving a majority of the valid votes cast, a run-off election shall be conducted between the labor unions receiving the two highest number of votes: Provided, that the total number of votes for all contending unions is at least fifty percent (50%) of the number of votes cast.
At the expiration of the freedom period, the employer shall continue to recognize the majority status of the incumbent bargaining agent where no petition for certification election is filed. (As amended by Section 23, Republic Act No. 6715, March 21, 1989)
a. Definition
CALIFORNIA MANUFACTURING CORP. V. LAGUESMA (92)
b. Freedom Period
ATLANTIC GULF AND PACIFIC CO. MANILA, INC. V. LAGUESMA (92)
c. When Applied
ASSOCIATED LABOR UNION V. CALLEJA (89)
GENERAL MILLING CORP V. CA (04)
d. Form of Petition – Signature Verification and Verification of Pleadings
NATIONAL MINES AND ALLIED WORKERS UNION V. SEC. OF LABOR (93)
TODAY’S KNITTING V. NORIEL (77)
e. Venue
CRUZ VALLE V. LAGUESMA (94)
f. Substantial Support
IV. Pre-Conditions to Collective Bargaining - Appropriate Bargaining Unit and Union Majority Status 39
1. Rationale and Computation
PHIL. ASSOC. OF FREE LABOR UNIONS V. FERRER CALLEJA (89)
ST. JAMES SCHOOL V. ST. JAMES SCHOOL (05)
2. Compliance
CALIFORNIA MANUFACTURING CORP. V. LAGUESMA (92)
3. Motion – Intervention
PORT WORKERS UNION OF THE PHILS V. FERRER CALLEJA (92)
4. Submission
ORIENTAL TIN CAN LABOR UNION V. SEC. OF LABOR (98)
PORT WORKERS UNION OF THE PHILIPPINES V. DOLE (92)
5. Effect of Withdrawal
TAGAYTAY HIGHLANDS INTERNATIONAL GOLF CLUB V. TAGAYTAY HIGHLANDS EMPLOYEES UNION (03)
6. Discretion Rule Application
AIRTIME SPECIALISTS, INC V. BLR (90)
WESTERN AGUSAN WORKERS UNION LOCAL 101 OF THE UNITED LABOR AND GENERAL WORKERS OF THE UNITED LUMBER AND GENERAL WORKERS OF THE PHILS. V. TRAJANO (91)
2. Unorganized Establishment
Art. 212. Definitions. (h) "Legitimate labor organization" means any labor organization duly registered with the Department of Labor and Employment, and includes any branch or local thereof.
Art. 257. Petitions in unorganized establishments. In any establishment where there is no certified bargaining agent, a certification election shall automatically be conducted by the Med-Arbiter upon the filing of a petition by a legitimate labor organization. (As amended by Section 24, Republic Act No. 6715, March 21, 1989)
Art. 242. Rights of legitimate labor organizations. A legitimate labor organization shall have the right:
(b) To be certified as the exclusive representative of all the employees in an appropriate bargaining unit for purposes of collective bargaining;
a. Definition
PHIL. TELEGRAPH AND TELEPHONE CORP V. LAGUESMA (93)
IV. Pre-Conditions to Collective Bargaining - Appropriate Bargaining Unit and Union Majority Status 40
CALIFORNIA MANUFACTURING CORP V. LAGUESMA (92)
CELINE MARKETING CORP. V. LAGUESMA (92)
b. Mandatory Election
SUGBUANON RURAL BANK INC V. LAGUESMA (00)
B. The Employer as the Initiating Party
Art. 212. Definitions.
(e) "Employer" includes any person acting in the interest of an employer, directly or indirectly. The term shall not include any labor organization or any of its officers or agents except when acting as employer.
"ART. 258-A. Employer as Bystander. - In all cases, whether the petition for certification election is filed by an employer or a legitimate labor organization, the employer shall not be considered a party thereto with a concomitant right to oppose a petition for certification election. The employer's participation in such proceedings shall be limited to: (1) being notified or informed of petitions of such nature; and (2) submitting the list of employees during the pre-election conference should the Med-Arbiter act favorably on the petition."
Role – Employer
STA. LUCIA INC V. SEC. DOLE (09)
REPUBLIC V. KAWASHIMA TEXTILE, ETC. (08)
NOTRE DAME V. LAGUESMA (04)
SMC QUARRY WORKERS UNION V. TITAN MEGABAGS INDUSTRIAL CORP. (04)
4. Nature of Proceeding
A. Nature
YOUNG MEN LABOR UNION STEVEDORES V. CIR (65)
B. Certification Election and Run-off – Process and Procedure
Art. 256. Representation issue in organized establishments. In organized establishments, when a verified petition questioning the majority status of the incumbent bargaining agent is filed before the Department of Labor and Employment within the sixty-day period before the expiration of the collective bargaining agreement, the Med-Arbiter shall automatically order an election by secret ballot when the verified petition is supported by the written consent of at least twenty-five percent (25%) of all the employees in the bargaining unit to ascertain the will of the employees in the appropriate bargaining unit. To have a valid election, at least a majority of all eligible voters in the unit must have cast their votes. The labor union receiving the majority of the valid votes cast shall be certified as the exclusive bargaining agent of all the workers in the unit. When an election which provides for three or more choices results in no choice receiving a majority of the valid votes cast, a run-off election shall be conducted between the labor unions receiving the two highest number of votes: Provided, that the total number of votes for all contending unions is at least fifty percent (50%) of the number of votes cast.
IV. Pre-Conditions to Collective Bargaining - Appropriate Bargaining Unit and Union Majority Status 41
At the expiration of the freedom period, the employer shall continue to recognize the majority status of the incumbent bargaining agent where no petition for certification election is filed. (As amended by Section 23, Republic Act No. 6715, March 21, 1989)
Art. 257. Petitions in unorganized establishments. In any establishment where there is no certified bargaining agent, a certification election shall automatically be conducted by the Med-Arbiter upon the filing of a petition by a legitimate labor organization. (As amended by Section 24, Republic Act No. 6715, March 21, 1989)
Art. 258. When an employer may file petition. When requested to bargain collectively, an employer may petition the Bureau for an election. If there is no existing certified collective bargaining agreement in the unit, the Bureau shall, after hearing, order a certification election.
All certification cases shall be decided within twenty (20) working days.
The Bureau shall conduct a certification election within twenty (20) days in accordance with the rules and regulations prescribed by the Secretary of Labor.
a. Effect of private agreement
ILAW AT BUKLOD NG MANGGAGAWA V. DIRECTOR (79)
PLUM FEDERATION OF INDUSTRIAL AND AGRARIAN WORKERS V. NORIEL (82)
5. Election – Mechanics of Process
RULE V Representation Cases and Internal-Union Disputes
SECTION 1. Where to file. — A petition for certification election shall be filed with the Regional Office which has jurisdiction over the principal office of the petitioner. The petition shall be in writing and under oath.
SECTION 2. Who may file. — Any legitimate labor organization or the employer, when requested to bargain collectively, may file the petition.
The petition, when filed by a legitimate labor organization shall contain, among others:
(a) The name of petitioner and its address and affiliation, if any;
(b) Name, address and nature of the employer's business;
(c) Description of the bargaining unit which shall be the employer unit unless circumstances otherwise require; and provided further, that the appropriate bargaining unit of the rank-and-file employees shall not include supervisory employees and/or security guards;
(d) Appropriate number of the employees in the alleged bargaining unit;
(e) Names and addresses of other legitimate labor organizations in the bargaining unit;
(f) In an organized establishment, the signatures of at least twenty-five (25%) percent of all employees in the appropriate bargaining unit; and
(g) Other relevant facts.
When the petition is filed by an employer, it shall contain, among others:
(a) The name, address and general nature of the employer's business;
(b) Names and addresses of the legitimate labor organizations involved;
(c) Approximate number of the employees in the appropriate bargaining unit;
(d) Description of the bargaining unit which shall be the employer unit unless circumstances otherwise required; and provided further, that the appropriate bargaining unit of the rank-and-file employees shall not include supervisory employees and/or security guards;
(e) Other relevant facts.
SECTION 3. When to file. — In the absence of a collective bargaining agreement duly registered in accordance with Article 231 of the Code, a petition for certification election may be filed at any time. However, no certification election may be held within one year from the date of issuance of a final certification election result. Neither may a representation question be entertained if, before the filing of a petition for certification election, a bargaining deadlock to which an incumbent or certified bargaining agent is a party had been submitted to conciliation or arbitration or had become the subject of a valid notice of strike or lockout.
IV. Pre-Conditions to Collective Bargaining - Appropriate Bargaining Unit and Union Majority Status 42
If a collective bargaining agreement has been duly registered in accordance with Article 231 of the Code, a petition for certification election or a motion for intervention can only be entertained within sixty (60) days prior to the expiry date of such agreement.
SECTION 4. Effects of early agreements. — The representation case shall not, however, be adversely affected by a collective bargaining agreement registered before or during the last sixty (60) days of a subsisting agreement or during the pendency of the representation case.
SECTION 5. Where to file motion for intervention. — The motion for intervention in certification election proceedings shall be filed before the Med-Arbiter assigned to the case. The mere filing of said motion, however, will not suspend the holding of the certification election without an order issued by the Med-Arbiter.
SECTION 6. Procedure. — Upon receipt of a petition, the Regional Director shall assign the case to a Med-Arbiter for appropriate action. The Med-Arbiter, upon receipt of the assigned petition, shall have twenty (20) working days from submission of the case for resolution within which to dismiss or grant the petition.
In a petition filed by a legitimate organization involving an unorganized establishment, the Med-Arbiter shall immediately order the conduct of a certification election.
In a petition involving an organized establishment or enterprise where the majority status of the incumbent collective bargaining union is questioned through a verified petition by a legitimate labor organization, the Med-Arbiter shall immediately order the certification election by secret ballot if the petition is filed during the last sixty (60) days of the collective bargaining agreement and supported by the written consent of at least twenty-five percent (25%) of all the employees in the bargaining unit. Any petition filed before or after the sixty-day freedom period shall be dismissed outright. The twenty-five percent (25%) requirement shall be satisfied upon the filing of the petition, otherwise the petition shall be dismissed.
The sixty-day freedom period based on the original collective bargaining agreement shall not be affected by any amendment, extension or renewal of the collective bargaining agreement for purposes of certification election.
The decision calling for the conduct of an election shall contain the following:
(a) Names of the contending unions;
(b) Name of the employer;
(c) Description of the bargaining unit, and
(d) List of eligible voters which shall be based on the payroll three (3) months prior to the filing of the petition for certification election.
The certification election shall be held within twenty (20) calendar days from receipt of the order by the parties.
SECTION 7. Appeal. — Any aggrieved party may appeal the order of the Med-Arbiter to the Secretary on the ground that the rules and regulations or parts thereof established by the Secretary for the conduct of election have been violated.
The appeal shall specifically state the grounds relied upon by the appellant with the supporting memorandum.
SECTION 8. Where to file appeal. — The appeal, which shall be under oath and copy furnished the appellee, shall be filed in the Regional Office where the case originated.
SECTION 9. Period of Appeal. — The appeal shall be filed within ten (10) calendar days from receipt of the order by the appellant. Any opposition thereto may be filed within ten (10) calendar days from receipt of the appeal. The Regional Director shall within five (5) calendar days forward the entire records of the case to the Office of the Secretary.
SECTION 10. Decision of the Secretary final and unappealable. — The Secretary shall have fifteen (15) calendar days within which to decide the appeal from receipt of the records of the case. The filing of the appeal from the decision of the Med-Arbiter stays the holding of any certification election. The decision of the secretary shall be final and unappealable.
SECTION 11. Execution pending appeal. — The execution of the order of the Med-Arbiter shall be stayed pending appeal.
RULE IX Registration of Collective Bargaining Agreements
SECTION 1. Registration of collective bargaining agreement. — The parties to a collective bargaining agreement shall submit to the Bureau or the appropriate Regional Office five (5) duly signed up copies thereof within thirty (30) calendar days from execution. Such copies of the agreement shall be accompanied by verified proof of its posting in two conspicuous places in the workplace and of ratification by the majority of all the workers in the bargaining unit.
IV. Pre-Conditions to Collective Bargaining - Appropriate Bargaining Unit and Union Majority Status 43
Five (5) copies of the collective bargaining agreement executed pursuant to an award by the appropriate government authority or by a voluntary arbitrator shall likewise be submitted by the parties to the Bureau or Regional Office accompanied by verified proof of its posting in two conspicuous places in the workplace.
Such proof shall consist of copies of the following documents certified under oath by the union secretary and attested to by the union president:
(a) Statement that the collective bargaining agreement was posted in at least two conspicuous places in the establishment at least five (5) days before its ratification, and
(b) Statement that the collective bargaining agreement was ratified by the majority of the employees in the bargaining unit.
The posting required in the preceding paragraph shall be the responsibility of the parties.
The Bureau or the Regional Office shall assess the employer for every collective bargaining agreement a registration fee of one thousand (P1,000.00) pesos.
The Regional Office shall transmit two (2) copies of the agreement to the Bureau and one (1) to the Board within five (5) calendar days from its registration. Where the agreement is registered with the Bureau, one (1) copy shall be sent to the Board and two (2) copies to the Regional Office where the company has its principal office.
The Bureau or the Regional Office shall issue a certificate of registration within five (5) calendar days from receipt of the agreement.
SECTION 2. Terms of collective bargaining agreement. — The representation status of the collective bargaining agent shall be for a period of five (5) years. The parties are encouraged to conclude a collective bargaining agreement with a term of not more than five (5) years; Provided, that the parties shall renegotiate all provisions other than the representation issue not later than the third year; Provided further, that the collective bargaining agreement or other provisions of such agreement entered into within six (6) months from the date of expiry of the term of such other provisions as fixed in the collective bargaining agreement shall retroact to the day immediately following such date. If any such agreement is entered into beyond six months, the parties shall agree on the date of effectivity thereof. In case of a deadlock in the renegotiation, of the collective bargaining agreement, the parties may exercise their rights under this Code. In case of such a renegotiation, all requirements for registration shall be complied with, except for the payment of the registration fee.
The term of all contracts entered into before the effectivity of Republic Act No. 6715, shall be respected. Thereafter, any new collective bargaining agreement that shall be entered into in the same establishment shall conform with the provisions of Republic Act No. 6715.
RULE X Labor Education and Research
SECTION 1. Enlightenment of unionists as a duty. — It shall be the duty of every legitimate labor organization to enlighten its members on their rights and obligations as unionists and as employees.
SECTION 2. Special fund for labor education and research. — Every legitimate labor organization shall, for the above purpose, maintain a special fund for labor education and research. Existing strike funds may be transformed into labor education and research funds, in whole or in part. The union may also periodically assess and collect a reasonable amount from its members for such fund.
SECTION 3. Mandatory seminars. — It shall be mandatory for every legitimate labor organization to conduct seminars and similar activities on existing labor laws, collective agreements, company rules and regulations, and other relevant matters. The union seminars and similar activities may be conducted independently or in cooperation with the Department of Labor and Employment, the Asian Labor Education Center, the Institute of Labor and Manpower Studies, and other labor-education groups.
SECTION 4. Official receipts. — All collections and expenditures of funds for labor research and education shall be duly covered by official receipts subject to account examination by the Secretary of Labor and Employment or his representative.
SECTION 5. Grounds for impeachment or expulsion. — Failure to provide adequate labor education and research services to members of a labor organization shall be a ground for the impeachment or expulsion of the officer or officers responsible therefor in accordance with the provisions of the constitution and by-laws of the labor organization concerned. Misuse or illegal disbursement of the labor education and research fund shall be a ground for impeachment or expulsion from the union and punishable under the relevant provisions of the constitution and by-laws of the union and other applicable laws.
IV. Pre-Conditions to Collective Bargaining - Appropriate Bargaining Unit and Union Majority Status 44
A. Posting Notice
B. Waiver
JIESCOR INDEPENDENT UNION V. TORRES (93)
C. Voting list and Voters
Voting List
NATIONAL UNION, ETC V. SEC. DOLE (09)
ACOJE WORKERS UNION V. NATIONAL MINES AND ALLIED WORKERS UNION (63)
NOTRE DAME V. LAGUESMA (04)
ST. JAMES SCHOOL V. SAMAHANG _ (05)
D. Voters All Employees
Art. 212. Definitions.
(f) "Employee" includes any person in the employ of an employer. The term shall not be 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.
Art. 256. Representation issue in organized establishments. In organized establishments, when a verified petition questioning the majority status of the incumbent bargaining agent is filed before the Department of Labor and Employment within the sixty-day period before the expiration of the collective bargaining agreement, the Med-Arbiter shall automatically order an election by secret ballot when the verified petition is supported by the written consent of at least twenty-five percent (25%) of all the employees in the bargaining unit to ascertain the will of the employees in the appropriate bargaining unit. To have a valid election, at least a majority of all eligible voters in the unit must have cast their votes. The labor union receiving the majority of the valid votes cast shall be certified as the exclusive bargaining agent of all the workers in the unit. When an election which provides for three or more choices results in no choice receiving a majority of the valid votes cast, a run-off election shall be conducted between the labor unions receiving the two highest number of votes: Provided, that the total number of votes for all contending unions is at least fifty percent (50%) of the number of votes cast.
At the expiration of the freedom period, the employer shall continue to recognize the majority status of the incumbent bargaining agent where no petition for certification election is filed. (As amended by Section 23, Republic Act No. 6715, March 21, 1989)
NATIONAL UNION, ETC V. SEC. DOLE (09)
YOKOHAMA TIRE PHILS. V. INC. YOKOHAMA EMPLOYEES UNION (07)
AIRTIME SPECIALISTS INC V. DIRECTOR BLR (89)
IV. Pre-Conditions to Collective Bargaining - Appropriate Bargaining Unit and Union Majority Status 45
BARRERA V. CIR (81)
CONFEDERATION OF CI TIZENS LABOR UNIONS V. NORIEL (80)
EASTLAND MANUFACTURING CO. INC V. NORIEL (82)
R. TRANSPORT CORP. V. LAGUESMA (93)
E. Effect of non-participation in Previous Election
REYES V. TRAJANO (92)
Voting Day
ASIAN DESIGN AND MANUFACTURING CORP V. CALLEJA (89)
F. Validity
NATIONAL UNION, ETC. V. SEC. DOLE (09)
SAMAHAN NG MANGGAGAWA SA PACIFIC PLASTIC V. LAGUESMA (97)
G. Protest
Period
TIMBUNGCO V. CASTRO (90)
DHL PHILIPPINES CORP. UNITED RANK AND FILE ASSOCIATION – FEDERATION OF FREE WORKERS V. BUKLOD NG MANGGAGAWA NG DHL PHILS. CORP. (04)
H. Appeal
Art. 259. Appeal from certification election orders. Any party to an election may appeal the order or results of the election as determined by the Med-Arbiter directly to the Secretary of Labor and Employment on the ground that the rules and regulations or parts thereof established by the Secretary of Labor and Employment for the conduct of the election have been violated. Such appeal shall be decided within fifteen (15) calendar days. (As amended by Section 25, Republic Act No. 6715, March 21, 1989)
PHIL. FRUITS AND VEGETABLE INDUSTRIES V. TORRES (92)
SAMAHAN NG MANGGAGAWA SA FILSYSTEMS, INC. V. SEC. OF LABOR (98)
IV. Pre-Conditions to Collective Bargaining - Appropriate Bargaining Unit and Union Majority Status 46
NOTRE DAME MEGABAGS INDUSTRIAL CORP. V. LAGUESMA (04)
SMC QUARRY WORKERS UNION V. TITAL MEGABAGS INDUSTRIAL CORP. (04)
I. Annulment
1.Allegations/Grounds
UNITED EMPLOYEES UNION OF GELMART INDUSTRIES V. NORIEL (75)
NATIONAL FEDERATION OF LABOR V. SEC. DOLE (98)
DHL PHILIPPINES CORP. UNITED RANK AND FILE ASSOCIATION – FEDERATION OF FREE WORKERS V. BUKLOD NG MANGGAGAWA NG DHL PHILS. CORP. (04)
2. Irregularities
CONFEDERATION OF CITIZENS LABOR UNION V. NORIEL (82)
TIMBUNGCO V. CASTRO (90)
6. Certification of Designated Majority Union
Art. 255. Exclusive bargaining representation and workers’ participation in policy and decision-making. The labor organization designated or selected by the majority of the employees in an appropriate collective bargaining unit shall be the exclusive representative of the employees in such unit for the purpose of collective bargaining. However, an individual employee or group of employees shall have the right at any time to present grievances to their employer.
Any provision of law to the contrary notwithstanding, workers shall have the right, B. subject to such rules and regulations as the Secretary of Labor and Employment may promulgate, to participate in policy and decision-making processes of the establishment where they are employed insofar as said processes will directly affect their rights, benefits and welfare. For this purpose, workers and employers may form labor-management councils: Provided, That the representatives of the workers in such labor-management councils shall be elected by at least the majority of all employees in said establishment. (As amended by Section 22, Republic Act No. 6715, March 21, 1989)
Art. 256. Representation issue in organized establishments. In organized establishments, when a verified petition questioning the majority status of the incumbent bargaining agent is filed before the Department of Labor and Employment within the sixty-day period before the expiration of the collective bargaining agreement, the Med-Arbiter shall automatically order an election by secret ballot when the verified petition is supported by the written consent of at least twenty-five percent (25%) of all the employees in the bargaining unit to ascertain the will of the employees in the appropriate bargaining unit. To have a valid election, at least a majority of all eligible voters in the unit must have cast their votes. The labor union receiving the majority of the valid votes cast shall be certified as the exclusive bargaining agent of all the workers in the unit. When an election which provides for three or more choices results in no choice receiving a majority of the valid votes cast, a run-off election shall be conducted between the labor unions receiving the two highest number of votes: Provided, that the total number of votes for all contending unions is at least fifty percent (50%) of the number of votes cast.
At the expiration of the freedom period, the employer shall continue to recognize the majority status of the incumbent bargaining agent where no petition for certification election is filed. (As amended by Section 23, Republic Act No. 6715, March 21, 1989)
Art. 212. Definitions.
IV. Pre-Conditions to Collective Bargaining - Appropriate Bargaining Unit and Union Majority Status 47
(j) "Bargaining representative" means a legitimate labor organization whether or not employed by the employer.
A. Majority Union
NATIONAL UNION, ETC. V. DOLE (09)
PHIL. DIAMOND HOTEL AND RESORT INC. V. MANILA DIAMOND HOTEL EMPLOYEES UNION (04)
MARICALUM MINING V. BRION (06)
TRADE UNIONS OF THE PHIL. V. LAGUESMA (94)
B. Run-off Election
NATIONAL UNION, ETC. V. DOLE (09)
C. Effect of Certification
NATIONAL V. SAN MIGUEL (02)
7. Bars to Certification Election
A. One Year Bar Rule
Period Covered
R. TRANSPORT CORP. V. LAGUESMA (93)
KAISAHAN NG MANGGAGAWANG PILIPINO V. TRAJANO (91)
B. Deadlock Bar Rule
1. Requirements
NATIONAL CONGRESS OF UNIONS IN THE SUGAR INDUSTRY V. TRAJANO (92)
2. No Deadlock
DIVINE WORD UNIVERSITY OF TACLOBAN V. SEC. OF LABOR AND EMPLOYMENT (92)
C. Contract Bar Rule
Art. 232. Prohibition on certification election. The Bureau shall not entertain any petition for certification election or any other action which may disturb the administration of duly registered existing collective bargaining agreements affecting the parties except under Articles 253, 253-A and 256 of this Code. (As amended by Section 15, Republic Act No. 6715, March 21, 1989)
1. History
GENERAL MARITIME STEVEDORES OF THE PHIL. V. SOUTH SEA SHIPPING LINES (64)
IV. Pre-Conditions to Collective Bargaining - Appropriate Bargaining Unit and Union Majority Status 48
CONFEDERATION OF CITIZENS LABOR UNION V. NLRC (74), FERNANDO, J. CONCURRING OPINION 476-420
2. Rule Statement
COLLEGIO DE SAN JUAN DE LETRAN V. ASSOCIATION OF EMPLOYEES AND FACULTY OF LETRAN (00)
SAMAHAN NG MANGGAGAWA SA PREMEX V. SEC. OF LABOR (98)
BARBIZON PHILS. NAGKAKAISANG SUPERVISOR (96)
3. Incomplete Contract
BUKLOD NG SAULOGTRANSIT V. CASALLA (56)
4. Premature Contract
SAMAHAN NG MANGGAGAWA SA PACIFIC PLASTIC V. LAGUESMA (97)
CITIZENS LABOR ORGANIZATION V. CIR (66)
5. Exception
PORT WORKERS UNION V. USEC. OF LABOR (92)
6. Not Registered CBA
TRADE UNIONS OF THE PHILS. V. LAGUESMA (94)
7. Registered CBA
ASSOCIATION OF INDEPENDENT UNION V. NLRC (99)
8. Expired CBA
COLLEGIO DE SAN JUAN DE LETRAN V. ASSOCIATION OF EMPLOYEES AND FACULTY OF LETRAN (00)
D. Consent Election
IV. Pre-Conditions to Collective Bargaining - Appropriate Bargaining Unit and Union Majority Status 49
8. Suspension of Certification Election
A. Prejudicial Question Rule
Art. 248. Unfair labor practices of employers. It shall be unlawful for an employer to commit any of the following unfair labor practice:
(d) 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;
BF GOODRICH PHILS. MARIKINA V. BF GOODRICH CONFIDENTIAL AND SALARIED EMPLOYEES UNION (73)
UNITED CMC TEXTILE WORKERS UNION V. BLR (84)
B. Party and issue
Art. 248. Unfair labor practices of employers. It shall be unlawful for an employer to commit any of the following unfair labor practice:
(d) 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;
BARRERA V. CIR (81)
UNITED CMC TEXTILES UNION V. BLR (128 SCRA 316)
9. Effect, pending petition, cancellation of trade union registration
ASSOC. OF COURT OF APPEALS EMPLOYEES V. FERRER-CALLEJA (91)
PROGRESSIVE DEV’T CORP. V. LAGUESMA (98)
V. Collective Bargaining: Process, Procedures and Issues 50
V. Collective Bargaining:Process, Procedures and Issues
A. General Concepts
1. Policy Declaration
Art. 211. Declaration of Policy.
A. It is the policy of the State:
a. To 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;
Art XIII Section 3. The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all.
It shall guarantee the rights of all workers to self-organizations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law.
The State shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace.
The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns on investments, and to expansion and growth.
KIOK LOY V. NLRC (86)
SCOUT ALBANO MEMORIAL COLLEGE (85 SCRA 494, 78)
2. Nature, Purpose and Rules Interpretation
SUAREZ V. NATIONAL STEEL CORP. (08)
LEPANTO CONSOLIDATED MINING CO. V. LEPANTO LOCAL STAFF UNION (08)
UNITED EMPLOYEES UNION OF GELMART INDUSTRIES, PHILS. V. NORIEL (75)
PI MANUFACTURING INC. V. PI MANUFACTURING SUPERVISORS AND FOREMAN ASSOC. (08)
ALMARIO V. PHIL. AIRLINES (07)
3. Waiver
RIVERA V. ESPIRITU (02)
V. Collective Bargaining: Process, Procedures and Issues 51
B. Bargaining Procedure
1. Private Procedure
Art. 251. Duty to bargain collectively in the absence of collective bargaining agreements. In the absence of an agreement or other voluntary arrangement providing for a more expeditious manner of collective bargaining, it shall be the duty of employer and the representatives of the employees to bargain collectively in accordance with the provisions of this Code.
2. Code Procedure
Art. 250. Procedure in collective bargaining. The following procedures shall be observed in collective bargaining:
a. When a party desires to negotiate an agreement, it shall serve a written notice upon the other party with a statement of its proposals. The other party shall make a reply thereto not later than ten (10) calendar days from receipt of such notice;
b. Should differences arise on the basis of such notice and reply, either party may request for a conference which shall begin not later than ten (10) calendar days from the date of request.
c. If the dispute is not settled, the Board shall intervene upon request of either or both parties or at its own initiative and immediately call the parties to conciliation meetings. The Board shall have the power to issue subpoenas requiring the attendance of the parties to such meetings. It shall be the duty of the parties to participate fully and promptly in the conciliation meetings the Board may call;
d. During the conciliation proceedings in the Board, the parties are prohibited from doing any act which may disrupt or impede the early settlement of the disputes; and
e. The Board shall exert all efforts to settle disputes amicably and encourage the parties to submit their case to a voluntary arbitrator. (As amended by Section 20, Republic Act No. 6715, March 21, 1989)
Art. 212. Definitions.
(c) "Board" means the National Conciliation and Mediation Board established under Executive Order No. 126.
TABIQUE V. INTERNATIONAL, ETC. (09)
3. Nature of Procedure
Art. 253. Duty to bargain collectively when there exists a collective bargaining agreement. When there is a collective bargaining agreement, the duty to bargain collectively shall also mean that neither party shall terminate nor modify such agreement during its lifetime. However, either party can serve a written notice to terminate or modify the agreement at least sixty (60) days prior to its expiration date. It shall be the duty of both parties to keep the status quo and to continue in full force and effect the terms and conditions of the existing agreement during the 60-day period and/or until a new agreement is reached by the parties.
TABIQUE V. INTERNATIONAL, ETC. (09)
ASSOCIATED LABOR UNIONS V. CALLEJA (89)
CALTEX V. BRILLANTES (97)
AMERICAN PRESIDENT LINES V. CLAVE (82)
NATIONAL UNION OF RESTAURANT WORKERS V. CIR (64)
V. Collective Bargaining: Process, Procedures and Issues 52
COLLEGIO DE SAN JUAN DE LATRAN V. ASSOC. OF EMPLOYEES (00)
KIOKLOY V. NLRC (88)
4. Conciliation Procedure
Art. 212. Definitions.
(b) "Board" means the National Conciliation and Mediation Board established under Executive Order No. 126.
Art. 233. Privileged communication. Information and statements made at conciliation proceedings shall be treated as privileged communication and shall not be used as evidence in the Commission. Conciliators and similar officials shall not testify in any court or body regarding any matters taken up at conciliation proceedings conducted by them.
NUSSAB MOTORS V. SEC. DOLE (06)
C. Duty to Bargain
Art. 250. Procedure in collective bargaining. The following procedures shall be observed in collective bargaining:
a. When a party desires to negotiate an agreement, it shall serve a written notice upon the other party with a statement of its proposals. The other party shall make a reply thereto not later than ten (10) calendar days from receipt of such notice;
b. Should differences arise on the basis of such notice and reply, either party may request for a conference which shall begin not later than ten (10) calendar days from the date of request.
c. If the dispute is not settled, the Board shall intervene upon request of either or both parties or at its own initiative and immediately call the parties to conciliation meetings. The Board shall have the power to issue subpoenas requiring the attendance of the parties to such meetings. It shall be the duty of the parties to participate fully and promptly in the conciliation meetings the Board may call;
d. During the conciliation proceedings in the Board, the parties are prohibited from doing any act which may disrupt or impede the early settlement of the disputes; and
e. The Board shall exert all efforts to settle disputes amicably and encourage the parties to submit their case to a voluntary arbitrator. (As amended by Section 20, Republic Act No. 6715, March 21, 1989)
Art. 251. Duty to bargain collectively in the absence of collective bargaining agreements. In the absence of an agreement or other voluntary arrangement providing for a more expeditious manner of collective bargaining, it shall be the duty of employer and the representatives of the employees to bargain collectively in accordance with the provisions of this Code.
Art. 252. Meaning of duty to bargain collectively. The duty to bargain collectively means the performance of a mutual obligation to meet and convene promptly and expeditiously in good faith for the purpose of negotiating an agreement with respect to wages, hours of work and all other terms and conditions of employment including proposals for adjusting any grievances or questions arising under such agreement and executing a contract incorporating such agreements if requested by either party but such duty does not compel any party to agree to a proposal or to make any concession.
Art. 253. Duty to bargain collectively when there exists a collective bargaining agreement. When there is a collective bargaining agreement, the duty to bargain collectively shall also mean that neither party shall terminate nor modify such agreement during its lifetime. However, either party can serve a written notice to terminate or modify the agreement at least sixty (60) days prior to its expiration date. It shall be the duty of both parties to keep the status quo and to continue in full force and effect the terms and conditions of the existing agreement during the 60-day period and/or until a new agreement is reached by the parties.
Art. 242. Rights of legitimate labor organizations. A legitimate labor organization shall have the right:
V. Collective Bargaining: Process, Procedures and Issues 53
(c) To be furnished by the employer, upon written request, with its annual audited financial statements, including the balance sheet and the profit and loss statement, within thirty (30) calendar days from the date of receipt of the request, after the union has been duly recognized by the employer or certified as the sole and exclusive bargaining representative of the employees in the bargaining unit, or within sixty (60) calendar days before the expiration of the existing collective bargaining agreement, or during the collective bargaining negotiation;
1. Meaning of Duty
UNIVERSITY OF SAN AGUSTIN, ETC. V. UNIVERSITY OF SAN AGUSTIN (09)
UNION OF FILIPRO EMPLOYEES, ETC. V. NESTLE PHILS., INC. (08)
KIOK LOY V. NLRC (86)
STANDARD CHARTERED BANK EMPLOYEES’ UNION V. CONFESOR
UNION OF FILIPRO, ETC. V. NESTLE PHILS. (06)
GENERAL MILLING CORP. V. CA (04)
COLLEGIO DE SAN JUAN DE LATRAN V. ASSOC. OF EMPLOYEES (00)
REPUBLIC SAVINGS BANK V. CIR (67)
2. Deadlock
SAN MIGUEL CORP. V. NLRC (99)
3. Minutes of Negotiations
SAMAHANG MANGAGAWA SA TOP FORM V. NLRC (98)
4. Suspension of Bargaining
COLLEGIO DE SAN JUAN DE LATRAN V. ASSOC. OF EMPLOYEES (00)
5. Waiver – Right
RIVERA V. ESPIRITU (02)
V. Collective Bargaining: Process, Procedures and Issues 54
D. Bargainable Issues
Art. 252. Meaning of duty to bargain collectively. The duty to bargain collectively means the performance of a mutual obligation to meet and convene promptly and expeditiously in good faith for the purpose of negotiating an agreement with respect to wages, hours of work and all other terms and conditions of employment including proposals for adjusting any grievances or questions arising under such agreement and executing a contract incorporating such agreements if requested by either party but such duty does not compel any party to agree to a proposal or to make any concession.
1. Issues
PHIL. AMERICAN MANAGEMENT CO. INC. V. PHIL. AMERICAN MANAGEMENT EMPLOYEES ASSOC. (73)
MANILA FASHIONS INC. V. NLRC (96)
REPUBLIC SAVINGS BANK V. CIR (67)
NESTLE PHILS. INC. V. NLRC (91)
SAMAHANG MANGGAGAWA SA TOP FORM MANUFACTURING UNITED WORKERS OF THE PHILIPPINES V. NLRC (98)
STANDARD CHARTERED BANK EMPLOYEES UNION V. CONFESSOR (04)
UST, ETC. V. UST (09)
Bernard Meltzer, “The Subjects of Mandatory Bargaining”
V. Collective Bargaining: Process, Procedures and Issues 55
E. Collective Bargaining Agreement
1. Definition
TENIC, INC. V. TENIC, ETC. (09)
FACULTY ASSOC. OF MIT V. CA (07)
TSPI CORP. V. TSPI EMPLOYERS UNION (08)
HONDA PHILS. INC. V. SAMAHAN NG MALAYANG MANGGAGAWA SA HONDA (05)
UNIVERSITY OF THE IMMACULATE CONCEPCION, INC. V. SEC. OF LABOR (02)
NATIONAL FEDERATION OF LABOR V. CA (04)
RIVERA V. ESPIRITU (02)
2. Contents
a. See Sample CBA
b. Effect of substandard contract
Art. 239. Grounds for cancellation of union registration. The following shall constitute grounds for cancellation of union registration:
(f) Entering into collective bargaining agreements which provide terms and conditions of employment below minimum standards established by law;
CF. Amended Art. 239.
"ART. 239. Grounds for Cancellation of Union Registration. - 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."
c. Duration and re-negotiation
Art. 253-A. Terms of a collective bargaining agreement. Any Collective Bargaining Agreement that the parties may enter into shall, insofar as the representation aspect is concerned, be for a term of five (5) years. No petition questioning the majority status of the incumbent bargaining agent shall be entertained and no certification election shall be conducted by the Department of Labor and Employment outside of the sixty-day period immediately before the date of expiry of such five-year term of the Collective Bargaining Agreement. All other provisions of the Collective Bargaining Agreement shall be renegotiated not later than three (3) years after its execution. Any agreement on such other provisions of the Collective Bargaining Agreement entered into within six (6) months from the date of expiry of the term of such other provisions as fixed in such Collective Bargaining Agreement,
V. Collective Bargaining: Process, Procedures and Issues 56
shall retroact to the day immediately following such date. If any such agreement is entered into beyond six months, the parties shall agree on the duration of retroactivity thereof. In case of a deadlock in the renegotiation of the Collective Bargaining Agreement, the parties may exercise their rights under this Code. (As amended by Section 21, Republic Act No. 6715, March 21, 1989)
d. Grievance procedure
Art. 260. Grievance machinery and voluntary arbitration. The parties to a Collective Bargaining Agreement shall include therein provisions that will ensure the mutual observance of its terms and conditions. They shall establish a machinery for the adjustment and resolution of grievances arising from the interpretation or implementation of their Collective Bargaining Agreement and those arising from the interpretation or enforcement of company personnel policies.
All grievances submitted to the grievance machinery which are not settled within seven (7) calendar days from the date of its submission shall automatically be referred to voluntary arbitration prescribed in the Collective Bargaining Agreement.
For this purpose, parties to a Collective Bargaining Agreement shall name and designate in advance a Voluntary Arbitrator or panel of Voluntary Arbitrators, or include in the agreement a procedure for the selection of such Voluntary Arbitrator or panel of Voluntary Arbitrators, preferably from the listing of qualified Voluntary Arbitrators duly accredited by the Board. In case the parties fail to select a Voluntary Arbitrator or panel of Voluntary Arbitrators, the Board shall designate the Voluntary Arbitrator or panel of Voluntary Arbitrators, as may be necessary, pursuant to the selection procedure agreed upon in the Collective Bargaining Agreement, which shall act with the same force and effect as if the Arbitrator or panel of Arbitrators has been selected by the parties as described above.
SAN MIGUEL FOODS INC. V. SAN MIGUEL CORP. EMPLOYEES UNION, PTGWU (07)
UNITED KIMBERLY-CLARK EMPLOYEES UNION V. KIMBERLY-CLARK PHILS. INC. (06)
LUZON DEV. BANK ASSOC. V. ASSOCIATION OF DEV. BANK EMPLOYEES (95)
NAVARRO III V. DAMASCO (95)
SAN MIGUEL CORP V. CONFESSOR (96)
GENERAL MILLING V. CA (04)
3. Registration – Period, Requirements, and Actions
Art. 231. Registry of unions and file of collective bargaining agreements. The Bureau shall keep a registry of legitimate labor organizations. The Bureau shall also maintain a file of all collective bargaining agreements and other related agreements and records of settlement of labor disputes and copies of orders and decisions of voluntary arbitrators. The file shall be open and accessible to interested parties under conditions prescribed by the Secretary of Labor and 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.
Within thirty (30) days from the execution of a Collective Bargaining Agreement, the parties shall submit copies of the same directly to the Bureau or the Regional Offices of the Department of Labor and Employment for registration, accompanied with verified proofs of its posting in two conspicuous places in the place of work and ratification by the majority of all the workers in the bargaining unit. The Bureau or Regional Offices shall act upon the application for registration of such Collective Bargaining Agreement within five (5) calendar days from receipt thereof. The Regional Offices shall furnish the Bureau with a copy of the Collective Bargaining Agreement within five (5) days from its submission.
The Bureau or Regional Office shall assess the employer for every Collective Bargaining Agreement a registration fee of not less than one thousand pesos (P1,000.00) or in any other amount as may be deemed appropriate and necessary
V. Collective Bargaining: Process, Procedures and Issues 57
by the Secretary of Labor and Employment for the effective and efficient administration of the Voluntary Arbitration Program. Any amount collected under this provision shall accrue to the Special Voluntary Arbitration Fund.
The Bureau shall also maintain a file and shall undertake or assist in the publication of all final decisions, orders and awards of the Secretary of Labor and Employment, Regional Directors and the Commission. (As amended by Section 15, Republic Act No. 6715, March 21, 1989)
4. Contract Beneficiaries
Art. 255. Exclusive bargaining representation and workers’ participation in policy and decision-making. The labor organization designated or selected by the majority of the employees in an appropriate collective bargaining unit shall be the exclusive representative of the employees in such unit for the purpose of collective bargaining. However, an individual employee or group of employees shall have the right at any time to present grievances to their employer.
Any provision of law to the contrary notwithstanding, workers shall have the right, subject to such rules and regulations as the Secretary of Labor and Employment may promulgate, to participate in policy and decision-making processes of the establishment where they are employed insofar as said processes will directly affect their rights, benefits and welfare. For this purpose, workers and employers may form labor-management councils: Provided, That the representatives of the workers in such labor-management councils shall be elected by at least the majority of all employees in said establishment. (As amended by Section 22, Republic Act No. 6715, March 21, 1989)
Art. 212. Definitions.
(f) "Employee" includes any person in the employ of an employer. The term shall not be 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.
Beneficiaries
PAL V. PAL EMPLOYEES ASSOC. (08)
NEW PACIFIC TIMBER AND SUPPLY CO. INC., V. NLRC (00)
5. Contract Administration and Enforcement
1. Nature of Contract and Contract Interpretation
HALAGUENA V. PAL (09)
UNIV. OF SAN AGUSTIN, ETC. V. UNIV. OF SAN AGUSTIN (09)
DE LA SALLE UNIV. V. DE LA SALLE UNIV., ETC. (09)
CONTINENTAL STEEL V. MONTANO (09)
ALMARIO V. PAL (07)
PI MANUFACTURING INC. V. PI MANUFACTURING SUPERVISORS AND FOREMAN ASSOC. (08)
V. Collective Bargaining: Process, Procedures and Issues 58
TSPIC CORP. V. TSPIC EMPLOYEES UNION (08)
MANALANG V. ARTEX DEV’T CO., INC. (67)
2. Grievance Procedure; Dispute Settlement: Issues and Individual Grievance and Exclusive Bargaining Representative
MASTER IRON LABOR UNION V. NLRC (93)
PHIL. AIRLINES INC. V. SANTOS (93)
CALTEX REFINERY EMPLOYEES ASSOC. V. BRILLANTES (97)
3. Individual Worker and Contract
JL CASE CO. 321 US 332, 64 SUP. CT. 576 99 L. ED. (44)
4. Contract Infirmity
ASSOCIATED LABOR UNIONS V. CALLEJA (89)
5. Contract Duration and Renewals
Art. 253-A. Terms of a collective bargaining agreement. Any Collective Bargaining Agreement that the parties may enter into shall, insofar as the representation aspect is concerned, be for a term of five (5) years. No petition questioning the majority status of the incumbent bargaining agent shall be entertained and no certification election shall be conducted by the Department of Labor and Employment outside of the sixty-day period immediately before the date of expiry of such five-year term of the Collective Bargaining Agreement. All other provisions of the Collective Bargaining Agreement shall be renegotiated not later than three (3) years after its execution. Any agreement on such other provisions of the Collective Bargaining Agreement entered into within six (6) months from the date of expiry of the term of such other provisions as fixed in such Collective Bargaining Agreement, shall retroact to the day immediately following such date. If any such agreement is entered into beyond six months, the parties shall agree on the duration of retroactivity thereof. In case of a deadlock in the renegotiation of the Collective Bargaining Agreement, the parties may exercise their rights under this Code. (As amended by Section 21, Republic Act No. 6715, March 21, 1989)
FVC LABOR UNION, ETC. V. SAMA-SAMANG, ETC. (09)
MANILA ELECTRIC CO. V. QUISUMBING (99)
MANILA CENTRAL LINE CORP. V. MANILA CENTRAL LINE FREE WORKERS UNION (00)
RIVERA V. ESPIRITU (02)
6. CBA and 3rd Party Applicability
SUNDOWNER DEVELOPLENT CORP. V. DRILON (89)
V. Collective Bargaining: Process, Procedures and Issues 59
MANILOS V. NLRC (95)
7. CBA and Disaffiliation – Substitution Doctrine
ELISO-ELIROL LABOR UNION V. NORIEL (77)
8. CBA Assistance – DOLE
Chapter IIASSISTANCE TO LABOR ORGANIZATIONS
Art. 267. Assistance by the Department of Labor. The Department of Labor, at the initiative of the Secretary of Labor, shall extend special assistance to the organization, for purposes of collective bargaining, of the most underprivileged workers who, for reasons of occupation, organizational structure or insufficient incomes, are not normally covered by major labor organizations or federations.
Art. 268. Assistance by the Institute of Labor and Manpower Studies. The Institute of Labor and Manpower Studies shall render technical and other forms of assistance to labor organizations and employer organizations in the field of labor education, especially pertaining to collective bargaining, arbitration, labor standards and the Labor Code of the Philippines in general.
9.Effect Expiry
Art. 253. Duty to bargain collectively when there exists a collective bargaining agreement. When there is a collective bargaining agreement, the duty to bargain collectively shall also mean that neither party shall terminate nor modify such agreement during its lifetime. However, either party can serve a written notice to terminate or modify the agreement at least sixty (60) days prior to its expiration date. It shall be the duty of both parties to keep the status quo and to continue in full force and effect the terms and conditions of the existing agreement during the 60-day period and/or until a new agreement is reached by the parties.
FACULTY ASSOC. OF MIT V. CA (07)
NEW PACIFIC TIMBER AND SUPPLY CO. V. NLRC (00)
MANILA ELECTRIC V. QUISUMBING (00)
CITIZENS LABOR UNION V. CIR (66)
VI. Employer – Union Acts of Unfair Labor Practices – Acts Violative of Employee Rights to Self-Organization and Collective Bargaining 60
VI. Employer – Union Acts of Unfair Labor Practices –
Acts Violative of Employee Rights to Self-Organization and Collective Bargaining
I. Introductory Concepts
A. Definition and General Concept
Art. 212. Definitions.
(k) "Unfair labor practice" means any unfair labor practice as expressly defined by the Code.
Art. 247. Concept of unfair labor practice and procedure for prosecution thereof. Unfair labor practices violate the constitutional right of workers and employees to self-organization, are inimical to the legitimate interests of both labor and management, including their right to bargain collectively and otherwise deal with each other in an atmosphere of freedom and mutual respect, disrupt industrial peace and hinder the promotion of healthy and stable labor-management relations.
Consequently, unfair labor practices are not only violations of the civil rights of both labor and management but are also criminal offenses against the State which shall be subject to prosecution and punishment as herein provided.
Subject to the exercise by the President or by the Secretary of Labor and Employment of the powers vested in them by Articles 263 and 264 of this Code, the civil aspects of all cases involving unfair labor practices, which may include claims for actual, moral, exemplary and other forms of damages, attorney’s fees and other affirmative relief, shall be under the jurisdiction of the Labor Arbiters. The Labor Arbiters shall give utmost priority to the hearing and resolution of all cases involving unfair labor practices. They shall resolve such cases within thirty (30) calendar days from the time they are submitted for decision.
Recovery of civil liability in the administrative proceedings shall bar recovery under the Civil Code.
No criminal prosecution under this Title may be instituted without a final judgment finding that an unfair labor practice was committed, having been first obtained in
the preceding paragraph. During the pendency of such administrative proceeding, the running of the period of prescription of the criminal offense herein penalized shall be considered interrupted: Provided, however, that the final judgment in the administrative proceedings shall not be binding in the criminal case nor be considered as evidence of guilt but merely as proof of compliance of the requirements therein set forth. (As amended by Batas Pambansa Bilang 70, May 1, 1980 and later further amended by Section 19, Republic Act No. 6715, March 21, 1989)
Definition
STERLING PRODUCTS INT. INC. V. SOL (63)
PHILCOM EES ASSOC. V. PHIL. GLOBAL COMMUNICATIONS (06)
GALAXIE STEEL WORKERS UNION V. NLRC (06)
B. Requisite Relationship
PHELPS-DODGE CORP. V. NLRB, 313 US 177 (41)
C. Construction
CALTEX FILIPINO MANAGERS AND SUPERVISORS ASSOC. V. CIR (72)
HK AND SHANGHAI BANK CORP. EE UNION V. NLRC (97)
VI. Employer – Union Acts of Unfair Labor Practices – Acts Violative of Employee Rights to Self-Organization and Collective Bargaining 61
D. Estoppel
STANDARD CHARTERED BANK V. CONFESSOR (04)
E. Law Nomenclature and Inter-relations Acts of ULP
Art. 212. Definitions.
(k) "Unfair labor practice" means any unfair labor practice as expressly defined by the Code.
Chapter IIUNFAIR LABOR PRACTICES OF EMPLOYERS
Art. 248. Unfair labor practices of employers. It shall be unlawful for an employer to commit any of the following unfair labor practice:
a. To interfere with, restrain or coerce employees in the exercise of their right to self-organization;
b. 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;
c. 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 rights to self-organization;
d. 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;
e. 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 this 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 Code shall not apply to the non-members of the recognized collective bargaining agent;
f. To dismiss, discharge or otherwise prejudice or discriminate against an employee for having given or being about to give testimony under this Code;
g. To violate the duty to bargain collectively as prescribed by this Code;
h. 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
i. To violate a collective bargaining agreement.
The provisions of the preceding paragraph notwithstanding, only the officers and agents of corporations, associations or partnerships who have actually participated in, authorized or ratified unfair labor practices shall be held criminally liable. (As amended by Batas Pambansa Bilang 130, August 21, 1981)
Chapter IIIUNFAIR LABOR PRACTICES OF LABOR ORGANIZATIONS
Art. 249. Unfair labor practices of labor organizations. It shall be unfair labor practice for a labor organization, its officers, agents or representatives:
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;
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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.
The provisions of the preceding paragraph notwithstanding, only the officers, members of governing boards, representatives or agents or members of labor associations or organizations who have actually participated in, authorized or ratified unfair labor practices shall be held criminally liable. (As amended by Batas Pambansa Bilang 130, August 21, 1981)
HK AND SHANGHAI BANK CORP. EE UNION V. NLRC (97)
REPUBLIC SAVINGS BANK V. CIR (67) – FERNANDO, J. CONCURRING OPINION, 240-241
F. ULP and Management Functions
ROYAL INTER-OCEAN LINES V. CIR (60)
GREAT PACIFIC LIFE EES UNION V. GREAT PACIFIC LIFE ASSURANCE CORP. (99)
PHILCOM EES UNION V. PHIL. GLOBAL COMMUNICATIONS (06)
REPUBLIC SAVINGS V. CIR (07)
G. Nature of Act
ALLIED BANKING CORP. V. CA (03)
II. Unfair Labor Practice: Employer and Labor Organization Acts Violating Right of Self-Organization
A. Specific Acts
1. Interference, Restraint and Coercion
Art. 248. Unfair labor practices of employers. It shall be unlawful for an employer to commit any of the following unfair labor practice:
a. To interfere with, restrain or coerce employees in the exercise of their right to self-organization;
Art. 255. Exclusive bargaining representation and workers’ participation in policy and decision-making. The labor organization designated or selected by the majority of the employees in an appropriate collective bargaining unit shall be the exclusive representative of the employees in such unit for the purpose of collective bargaining. However, an individual employee or group of employees shall have the right at any time to present grievances to their employer.
Any provision of law to the contrary notwithstanding, workers shall have the right, subject to such rules and regulations as the Secretary of Labor and Employment may promulgate, to participate in policy and decision-making processes of the establishment where they are employed insofar as said processes will directly affect
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their rights, benefits and welfare. For this purpose, workers and employers may form labor-management councils: Provided, That the representatives of the workers in such labor-management councils shall be elected by at least the majority of all employees in said establishment. (As amended by Section 22, Republic Act No. 6715, March 21, 1989)
Art. 277. Miscellaneous provisions.
g. The Ministry shall help promote and gradually develop, with the agreement of labor organizations and employers, labor-management cooperation programs at appropriate levels of the enterprise based on the shared responsibility and mutual respect in order to ensure industrial peace and improvement in productivity, working conditions and the quality of working life. (Incorporated by Batas Pambansa Bilang 130, August 21, 1981)
h. In establishments where no legitimate labor organization exists, labor-management committees may be formed voluntarily by workers and employers for the purpose of promoting industrial peace. The Department of Labor and Employment shall endeavor to enlighten and educate the workers and employers on their rights and responsibilities through labor education with emphasis on the policy thrusts of this Code. (As amended by Section 33, Republic Act No. 6715, March 21, 1989)
Art. 249. Unfair labor practices of labor organizations. It shall be unfair labor practice for a labor organization, its officers, agents or representatives:
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;
ILO Conv. 98. Article 1
1. Workers shall enjoy adequate protection against acts of anti-union discrimination in respect of their employment.
2. Such protection shall apply more particularly in respect of acts calculated to--
(a) make the employment of a worker subject to the condition that he shall not join a union or shall relinquish trade union membership;
(b) cause the dismissal of or otherwise prejudice a worker by reason of union membership or because of participation in union activities outside working hours or, with the consent of the employer, within working hours.
Article 2
1. Workers' and employers' organisations shall enjoy adequate protection against any acts of interference by each other or each other's agents or members in their establishment, functioning or administration.
2. In particular, acts which are designed to promote the establishment of workers' organisations under the domination of employers or employers' organisations, or to support workers' organisations by financial or other means, with the object of placing such organisations under the control of employers or employers' organisations, shall be deemed to constitute acts of interference within the meaning of this Article.
2. Non-union Membership or Withdrawal from Membership as Condition Employment
Art. 248. Unfair labor practices of employers. It shall be unlawful for an employer to commit any of the following unfair labor practice:
(b) 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. Company Domination Union
Art. 248. Unfair labor practices of employers. It shall be unlawful for an employer to commit any of the following unfair labor practice:
(d) 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;
Art. 212. Definitions.
(i) "Company union" means any labor organization whose formation, function or administration has been assisted by any act defined as unfair labor practice by this Code.
4. Discrimination – encouraging/discouraging unionism
Art. 248. Unfair labor practices of employers. It shall be unlawful for an employer to commit any of the following unfair labor practice:
(e) 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 this Code or in any other law shall
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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 Code shall not apply to the non-members of the recognized collective bargaining agent;
Art. 249. Unfair labor practices of labor organizations. It shall be unfair labor practice for a labor organization, its officers, agents or representatives:
(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;
a. Retaliation testimony against employer
Art. 248. Unfair labor practices of employers. It shall be unlawful for an employer to commit any of the following unfair labor practice:
(f) To dismiss, discharge or otherwise prejudice or discriminate against an employee for having given or being about to give testimony under this Code;
b. Exaction – Featherbedding
Art. 249. Unfair labor practices of labor organizations. It shall be unfair labor practice for a labor organization, its officers, agents or representatives:
(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. Contracting out to discourage unionism
Art. 248. Unfair labor practices of employers. It shall be unlawful for an employer to commit any of the following unfair labor practice:
(c) 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 rights to self-organization;
a. Interrogation
SCOTY’S DEPT. STORE V. MICALLER (56)
PHIL. STEAM NAVIGATION CO. V. PHIL. MARITIME OFFICERS GUILD (65)
b. Polling
OPERATING ENGINEERS LOCAL V. NLRB 353 F 2ND 852 (65)
c. Speech
THE INSULAR LIFE ASSURANCE CO. LTD. EES ASSOC. V. INSULAR LIFE ASSURANCE CO. LTD. (71)
INTERNATIONAL ASSOC OF MACHINISTS V. NLRB, 311 US 72 (40)
NLRB V. VIRGINIA ELECTRIC AND POWER CO. 314 US 469 (41)
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NLRB V. GISSEL PACKING CO. 395 US 576 (69)
d. Espionage
THE INSULAR LIFE ASSURANCE CO. LTD. EES ASSOC. V. INSULAR LIFE ASSURANCE CO. LTD. (71)
e. Economic coercion and inducement
THE INSULAR LIFE ASSURANCE CO. LTD. EES ASSOC. V. INSULAR LIFE ASSURANCE CO. LTD. (71)
NLRB V. EXCHANGE PARTS CO., 375 US 405 (64)
f. Union solicitation and distribution of literature and meterials
LECHMERE, INC. V. NLRB 117 ED. 2D 79 (92)
REPUBLIC AVIATION CORP. V. NLRB, 324 US 793 (45)
NLRB V. BABCOCK AND WILCOX. CO., 351 IS 105 (56)
NLRB V. UNITED STEEL WORKERS OF AMERICA 357 US 357 (58)
g. Discrimination
WISE AND CO. INC. V. WISE AND CO. INC. EES UNION, NATU (89)
ME-SHUM CORP. V. ME-SHUM WORKERS UNION (05)
h. Run-away shop
IR Book V R1S1(s) "Strike Area" means the establishment, warehouse, depots, plants or offices, including the sites or premises used as run-away shops, of the employer struck against, as well as the immediate vicinity actually used by picketing strikers in moving to and fro before all points of entrance to and exits from said establishment.
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III. Unfair Labor Practice: Employer and labor organization acts violative of right to collective bargaining
A. Violate duty to bargain
Art. 248. Unfair labor practices of employers. It shall be unlawful for an employer to commit any of the following unfair labor practice:
(g) To violate the duty to bargain collectively as prescribed by this Code;
Art. 249. Unfair labor practices of labor organizations. It shall be unfair labor practice for a labor organization, its officers, agents or representatives:
(c) To violate the duty, or refuse to bargain collectively with the employer, provided it is the representative of the employees;
Title VIICOLLECTIVE BARGAINING AND ADMINISTRATION OF AGREEMENTS
Art. 250. Procedure in collective bargaining. The following procedures shall be observed in collective bargaining:
a. When a party desires to negotiate an agreement, it shall serve a written notice upon the other party with a statement of its proposals. The other party shall make a reply thereto not later than ten (10) calendar days from receipt of such notice;
b. Should differences arise on the basis of such notice and reply, either party may request for a conference which shall begin not later than ten (10) calendar days from the date of request.
c. If the dispute is not settled, the Board shall intervene upon request of either or both parties or at its own initiative and immediately call the parties to conciliation meetings. The Board shall have the power to issue subpoenas requiring the attendance of the parties to such meetings. It shall be the duty of the parties to participate fully and promptly in the conciliation meetings the Board may call;
d. During the conciliation proceedings in the Board, the parties are prohibited from doing any act which may disrupt or impede the early settlement of the disputes; and
e. The Board shall exert all efforts to settle disputes amicably and encourage the parties to submit their case to a voluntary arbitrator. (As amended by Section 20, Republic Act No. 6715, March 21, 1989)
Art. 251. Duty to bargain collectively in the absence of collective bargaining agreements. In the absence of an agreement or other voluntary arrangement providing for a more expeditious manner of collective bargaining, it shall be the duty of employer and the representatives of the employees to bargain collectively in accordance with the provisions of this Code.
Art. 252. Meaning of duty to bargain collectively. The duty to bargain collectively means the performance of a mutual obligation to meet and convene promptly and expeditiously in good faith for the purpose of negotiating an agreement with respect to wages, hours of work and all other terms and conditions of employment including proposals for adjusting any grievances or questions arising under such agreement and executing a contract incorporating such agreements if requested by either party but such duty does not compel any party to agree to a proposal or to make any concession.
Art. 253. Duty to bargain collectively when there exists a collective bargaining agreement. When there is a collective bargaining agreement, the duty to bargain collectively shall also mean that neither party shall terminate nor modify such agreement during its lifetime. However, either party can serve a written notice to terminate or modify the agreement at least sixty (60) days prior to its expiration date. It shall be the duty of both parties to keep the status quo and to continue in full force and effect the terms and conditions of the existing agreement during the 60-day period and/or until a new agreement is reached by the parties.
NLRB V. GENERAL ELECTRIC CO., 418 F 2D 736 (69)
COLLEGIO DE SAN JUAN DE LETRAN V. ASSOCIATION OF EMPLOYEES AND FACULTY OF LETRAN (00)
GENERAL MILLING CO. V. CA (04)
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B. Negotiation or Attorney’s fees
Art. 248. Unfair labor practices of employers. It shall be unlawful for an employer to commit any of the following unfair labor practice:
(h) 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
Art. 249. Unfair labor practices of labor organizations. It shall be unfair labor practice for a labor organization, its officers, agents or representatives:
(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
C. Agency fee
Art. 248. Unfair labor practices of employers. It shall be unlawful for an employer to commit any of the following unfair labor practice:
D. Violate CBA
Art. 248. Unfair labor practices of employers. It shall be unlawful for an employer to commit any of the following unfair labor practice:
(i) To violate a collective bargaining agreement.
The provisions of the preceding paragraph notwithstanding, only the officers and agents of corporations, associations or partnerships who have actually participated in, authorized or ratified unfair labor practices shall be held criminally liable. (As amended by Batas Pambansa Bilang 130, August 21, 1981)
Art. 249. Unfair labor practices of labor organizations. It shall be unfair labor practice for a labor organization, its officers, agents or representatives:
(j) To violate a collective bargaining agreement.
The provisions of the preceding paragraph notwithstanding, only the officers, members of governing boards, representatives or agents or members of labor associations or organizations who have actually participated in, authorized or ratified unfair labor practices shall be held criminally liable. (As amended by Batas Pambansa Bilang 130, August 21, 1981)
FLIGHT ATTENDANTS ETC. V. PAL (08)
PHILCOM EES UNION V. PHILIPPINE GLOBAL COMMUNICATIONS (69)
PHIL. AIRLINES INC. V. NLRC (97)
IV. Motive, Conduct, and Proof
A. Employer motive and proof
VISAYAN BICYCLE MANUFACTURING CO. INC. V. NATIONAL LABOR UNION (85)
MO-SHUM CORP. V. MO-SHUM WORKERS UNION (05)
B. Totality of conduct rule and effect of failure to act
UST, ETC. V. UST, ETC. (09)
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INSULAR LIFE ASSURANCE CO. LTD. EES V. INSULAR LIFE ASSURANCE CO. LTD. (71)
V. Enforcement, Remedies and Sanctions
A. Parties against whom ULP committed
Chapter IIUNFAIR LABOR PRACTICES OF EMPLOYERS
Art. 248. Unfair labor practices of employers. It shall be unlawful for an employer to commit any of the following unfair labor practice:
a. To interfere with, restrain or coerce employees in the exercise of their right to self-organization;
b. 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;
c. 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 rights to self-organization;
d. 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;
e. 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 this 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 Code shall not apply to the non-members of the recognized collective bargaining agent;
f. To dismiss, discharge or otherwise prejudice or discriminate against an employee for having given or being about to give testimony under this Code;
g. To violate the duty to bargain collectively as prescribed by this Code;
h. 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
i. To violate a collective bargaining agreement.
The provisions of the preceding paragraph notwithstanding, only the officers and agents of corporations, associations or partnerships who have actually participated in, authorized or ratified unfair labor practices shall be held criminally liable. (As amended by Batas Pambansa Bilang 130, August 21, 1981)
Chapter IIIUNFAIR LABOR PRACTICES OF LABOR ORGANIZATIONS
Art. 249. Unfair labor practices of labor organizations. It shall be unfair labor practice for a labor organization, its officers, agents or representatives:
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;
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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.
The provisions of the preceding paragraph notwithstanding, only the officers, members of governing boards, representatives or agents or members of labor associations or organizations who have actually participated in, authorized or ratified unfair labor practices shall be held criminally liable. (As amended by Batas Pambansa Bilang 130, August 21, 1981)
Art. 212. Definitions.
e. "Employer" includes any person acting in the interest of an employer, directly or indirectly. The term shall not include any labor organization or any of its officers or agents except when acting as employer.
f. "Employee" includes any person in the employ of an employer. The term shall not be 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.
g. "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.
PHELPS-DODGE CORP. V. NLRB, 313 US 177 (41)
B. Parties liable for acts
1. Employer
Art. 258, last par. The provisions of the preceding paragraph notwithstanding, only the officers and agents of corporations, associations or partnerships who have actually participated in, authorized or ratified unfair labor practices shall be held criminally liable. (As amended by Batas Pambansa Bilang 130, August 21, 1981)
Art. 212. Definitions.
e. "Employer" includes any person acting in the interest of an employer, directly or indirectly. The term shall not include any labor organization or any of its officers or agents except when acting as employer.
BOOK SEVENTRANSITORY AND FINAL PROVISIONS
Title IPENAL PROVISIONS AND LIABILITIES
Art. 288. Penalties. Except as otherwise provided in this Code, or unless the acts complained of hinge on a question of interpretation or implementation of ambiguous provisions of an existing collective bargaining agreement, any violation of the provisions of this Code declared to be unlawful or penal in nature shall be punished with a fine of not less than One Thousand Pesos (P1,000.00) nor more than Ten Thousand Pesos (P10,000.00) or imprisonment of not less than three months nor more than three years, or both such fine and imprisonment at the discretion of the court.
In addition to such penalty, any alien found guilty shall be summarily deported upon completion of service of sentence.
Any provision of law to the contrary notwithstanding, any criminal offense punished in this Code, shall be under the concurrent jurisdiction of the Municipal or City Courts and the Courts of First Instance. (As amended by Section 3, Batas Pambansa Bilang 70)
Art. 289. Who are liable when committed by other than natural person. If the offense is committed by a corporation, trust, firm, partnership, association or any other entity, the penalty shall be imposed upon the guilty officer or officers of such corporation, trust, firm, partnership, association or entity.
Title IIPRESCRIPTION OF OFFENSES AND CLAIMS
Art. 290. Offenses. Offenses penalized under this Code and the rules and regulations issued pursuant thereto shall prescribe in three (3) years.
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All unfair labor practice arising from Book V shall be filed with the appropriate agency within one (1) year from accrual of such unfair labor practice; otherwise, they shall be forever barred.
2. Labor organization
Art. 249. Unfair labor practices of labor organizations. It shall be unfair labor practice for a labor organization, its officers, agents or representatives:
The provisions of the preceding paragraph notwithstanding, only the officers, members of governing boards, representatives or agents or members of labor associations or organizations who have actually participated in, authorized or ratified unfair labor practices shall be held criminally liable. (As amended by Batas Pambansa Bilang 130, August 21, 1981)
BOOK SEVENTRANSITORY AND FINAL PROVISIONS
Title IPENAL PROVISIONS AND LIABILITIES
Art. 288. Penalties. Except as otherwise provided in this Code, or unless the acts complained of hinge on a question of interpretation or implementation of ambiguous provisions of an existing collective bargaining agreement, any violation of the provisions of this Code declared to be unlawful or penal in nature shall be punished with a fine of not less than One Thousand Pesos (P1,000.00) nor more than Ten Thousand Pesos (P10,000.00) or imprisonment of not less than three months nor more than three years, or both such fine and imprisonment at the discretion of the court.
In addition to such penalty, any alien found guilty shall be summarily deported upon completion of service of sentence.
Any provision of law to the contrary notwithstanding, any criminal offense punished in this Code, shall be under the concurrent jurisdiction of the Municipal or City Courts and the Courts of First Instance. (As amended by Section 3, Batas Pambansa Bilang 70)
Art. 289. Who are liable when committed by other than natural person. If the offense is committed by a corporation, trust, firm, partnership, association or any other entity, the penalty shall be imposed upon the guilty officer or officers of such corporation, trust, firm, partnership, association or entity.
Title IIPRESCRIPTION OF OFFENSES AND CLAIMS
Art. 290. Offenses. Offenses penalized under this Code and the rules and regulations issued pursuant thereto shall prescribe in three (3) years.
All unfair labor practice arising from Book V shall be filed with the appropriate agency within one (1) year from accrual of such unfair labor practice; otherwise, they shall be forever barred.
C. Prosecution and prescriptive period
1. Civil aspect
Art. 247. Concept of unfair labor practice and procedure for prosecution thereof, pars. 2-4. Consequently, unfair labor practices are not only violations of the civil rights of both labor and management but are also criminal offenses against the State which shall be subject to prosecution and punishment as herein provided.
Subject to the exercise by the President or by the Secretary of Labor and Employment of the powers vested in them by Articles 263 and 264 of this Code, the civil aspects of all cases involving unfair labor practices, which may include claims for actual, moral, exemplary and other forms of damages, attorney’s fees and other affirmative relief, shall be under the jurisdiction of the Labor Arbiters. The Labor Arbiters shall give utmost priority to the hearing and resolution of all cases involving unfair labor practices. They shall resolve such cases within thirty (30) calendar days from the time they are submitted for decision.
Recovery of civil liability in the administrative proceedings shall bar recovery under the Civil Code.
Art. 290. Offenses. Offenses penalized under this Code and the rules and regulations issued pursuant thereto shall prescribe in three (3) years.
All unfair labor practice arising from Book V shall be filed with the appropriate agency within one (1) year from accrual of such unfair labor practice; otherwise, they shall be forever barred.
2. Criminal aspect
Art. 247. Concept of unfair labor practice and procedure for prosecution thereof, last par. No criminal prosecution under this Title may be instituted without a final judgment finding that an unfair labor practice was committed, having been first obtained in the preceding paragraph. During the pendency of such administrative proceeding, the running of the period of prescription of the criminal offense herein
VI. Employer – Union Acts of Unfair Labor Practices – Acts Violative of Employee Rights to Self-Organization and Collective Bargaining 71
penalized shall be considered interrupted: Provided, however, that the final judgment in the administrative proceedings shall not be binding in the criminal case nor be considered as evidence of guilt but merely as proof of compliance of the requirements therein set forth. (As amended by Batas Pambansa Bilang 70, May 1, 1980 and later further amended by Section 19, Republic Act No. 6715, March 21, 1989)
Art. 290. Offenses. Offenses penalized under this Code and the rules and regulations issued pursuant thereto shall prescribe in three (3) years.
All unfair labor practice arising from Book V shall be filed with the appropriate agency within one (1) year from accrual of such unfair labor practice; otherwise, they shall be forever barred.
COCHANGCO WORKERS UNION V. NLRC (88)
D. Compromise
AFP MUTUAL BENEFIT ASSOC. INC. V. AFP-MBAI EU (60)
CCLG G. E. GOCHANGCO WORKERS UNION, ET. AL. V. NLRC (88)
REFORMISTS UNION OF RB LINER V. NLRC (97)
E. Remedies and sanctions
1. Civil remedies
Art. 247. Concept of unfair labor practice and procedure for prosecution thereof, pars. 2-3. Consequently, unfair labor practices are not only violations of the civil
rights of both labor and management but are also criminal offenses against the State which shall be subject to prosecution and punishment as herein provided.
Subject to the exercise by the President or by the Secretary of Labor and Employment of the powers vested in them by Articles 263 and 264 of this Code, the civil aspects of all cases involving unfair labor practices, which may include claims for actual, moral, exemplary and other forms of damages, attorney’s fees and other affirmative relief, shall be under the jurisdiction of the Labor Arbiters. The Labor Arbiters shall give utmost priority to the hearing and resolution of all cases involving unfair labor practices. They shall resolve such cases within thirty (30) calendar days from the time they are submitted for decision.
Art. 223. Appeal. 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
d. If serious errors in the findings of facts are raised which would cause grave or irreparable damage or injury to the appellant.
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.
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.
To discourage frivolous or dilatory appeals, the Commission or the Labor Arbiter shall impose reasonable penalty, including fines or censures, upon the erring parties.
VI. Employer – Union Acts of Unfair Labor Practices – Acts Violative of Employee Rights to Self-Organization and Collective Bargaining 72
In all cases, the appellant shall furnish a copy of the memorandum of appeal to the other party who shall file an answer not later than ten (10) calendar days from receipt thereof.
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 executory after ten (10) calendar days from receipt thereof by the parties.
Any law enforcement agency may be deputized by the Secretary of Labor and Employment or the Commission in the enforcement of decisions, awards or orders. (As amended by Section 12, Republic Act No. 6715, March 21, 1989)
Art. 279. Security of tenure. In cases of regular employment, the employer shall not terminate the services of an employee except for a just cause or when authorized by this Title. An employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges and to his full backwages, inclusive of allowances, and to his other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement. (As amended by Section 34, Republic Act No. 6715, March 21, 1989)
NUEVA ECIJA ELECTRIC COOPERATIVE, INC. V. NLRC (00)
2. Penal remedies
Art. 247. Concept of unfair labor practice and procedure for prosecution thereof, par. 2. Consequently, unfair labor practices are not only violations of the civil rights of both labor and management but are also criminal offenses against the State which shall be subject to prosecution and punishment as herein provided.
Title IPENAL PROVISIONS AND LIABILITIES
Art. 288. Penalties. Except as otherwise provided in this Code, or unless the acts complained of hinge on a question of interpretation or implementation of ambiguous provisions of an existing collective bargaining agreement, any violation of the provisions of this Code declared to be unlawful or penal in nature shall be punished with a fine of not less than One Thousand Pesos (P1,000.00) nor more than Ten Thousand Pesos (P10,000.00) or imprisonment of not less than three months
nor more than three years, or both such fine and imprisonment at the discretion of the court.
In addition to such penalty, any alien found guilty shall be summarily deported upon completion of service of sentence.
Any provision of law to the contrary notwithstanding, any criminal offense punished in this Code, shall be under the concurrent jurisdiction of the Municipal or City Courts and the Courts of First Instance. (As amended by Section 3, Batas Pambansa Bilang 70)
Art. 289. Who are liable when committed by other than natural person. If the offense is committed by a corporation, trust, firm, partnership, association or any other entity, the penalty shall be imposed upon the guilty officer or officers of such corporation, trust, firm, partnership, association or entity.
Title IIPRESCRIPTION OF OFFENSES AND CLAIMS
Art. 290. Offenses. Offenses penalized under this Code and the rules and regulations issued pursuant thereto shall prescribe in three (3) years.
All unfair labor practice arising from Book V shall be filed with the appropriate agency within one (1) year from accrual of such unfair labor practice; otherwise, they shall be forever barred.
VII. Economic Weapons – Strikes and Lockouts 73
VII. Economic Weapons:Strikes and Lockouts
I. Basis of right to engage in concerted activities
A. Constitution
ARTICLE XIII
LABOR
Section 3. The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all.
It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law.
The State shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace.
The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns to investments, and to expansion and growth.
LUZON MARINE DEPT. UNION V. ROLDAN (50)
STAMFORD MARKETING CORP. V. JULIAN (04)
B. Statutory
Art. 263. Strikes, picketing and lockouts.
(b) Workers shall have the right to engage in concerted activities for purposes of collective bargaining or for their mutual benefit and protection. The right of legitimate labor organizations to strike and picket and of employers to lockout, consistent with the national interest, shall continue to be recognized and respected. However, no labor union may strike and no employer may declare a lockout on grounds involving inter-union and intra-union disputes.
BLT BUS CO. V. NLRC (92)
LAPANDAY WORKERS’ UNION V. NLRC (95)
GRAND BOULEVARD HOTEL V. GRAND LABOR ORGANIZATION (03)
D. International Covenant on Economic, Social, and Cultural Rights
Article 8
1. The States Parties to the present Covenant undertake to ensure:
(d) The right to strike, provided that it is exercised in conformity with the laws of the particular country.
Article 2
1. Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures.
VII. Economic Weapons – Strikes and Lockouts 74
2. The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
3. Developing countries, with due regard to human rights and their national economy, may determine to what extent they would guarantee the economic rights recognized in the present Covenant to non-nationals.
Article 3
The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights set forth in the present Covenant.
II. Limitations
AGUANZA V. ASIAN TERMINAL (09)
MANILA HOTEL EES ASSOC. V. MANILA HOTEL CORP. (07)
STAMFORD MARKETING CORP. V. JULIAN (04)
BISIG NG MANGGAGAWA V. NLRC (93)
LAPANDAY WORKERS’ UNION V. NLRC (95)
III. Strike activity
A. Definition
Art. 212. Definitions.
o. "Strike" means any temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute.
p. "Lockout" means any temporary refusal of an employer to furnish work as a result of an industrial or labor dispute.
PILIPINO TELEPHONE CORP. V. FILIPINO TELEPHONE EES ASSOC (07)
GRAND TRANSPORT CORP. V. INFANTE (07)
TOYOTA MOTORS PHILS. CORP. V. WORKERS UNION (07)
G & S TRANSPORT CORP. V. INFANTE (07)
B. Nature and purpose
PHIL. CAN CO. V. CIR (50)
VII. Economic Weapons – Strikes and Lockouts 75
C. Effect on work relationship
ELIZALDE ROPE FACTORY INC. V. SSS (62)
D. Types, Changes and Conversion
1. Types
a. Unfair labor practice
Art. 263. Strikes, picketing and lockouts.
(c) In case of bargaining deadlocks, the duly certified or recognized bargaining agent may file a notice of strike or the employer may file a notice of lockout with the Ministry at least 30 day before the intended date thereof. In cases of unfair labor practice, the period of notice shall be 15 days and in the absence of a duly certified or recognized bargaining agent, the notice of strike may be filed by any legitimate labor organization in behalf of its members. However, in case of dismissal from employment of union officers duly elected in accordance with the union constitution and by-laws, which may constitute union busting, where the existence of the union is threatened, the 15-day cooling-off period shall not apply and the union may take action immediately. (As amended by Executive Order No. 111, December 24, 1986)
LUZON STEVEDORING CORP. V. CIR (65)
b. Bargaining deadlock – economic
Art. 263. Strikes, picketing and lockouts.
(c) In case of bargaining deadlocks, the duly certified or recognized bargaining agent may file a notice of strike or the employer may file a notice of lockout with the Ministry at least 30 day before the intended date thereof. In cases of unfair labor practice, the period of notice shall be 15 days and in the absence of a duly certified or recognized bargaining agent, the notice of strike may be filed by any legitimate labor organization in behalf of its
members. However, in case of dismissal from employment of union officers duly elected in accordance with the union constitution and by-laws, which may constitute union busting, where the existence of the union is threatened, the 15-day cooling-off period shall not apply and the union may take action immediately. (As amended by Executive Order No. 111, December 24, 1986)
CONSOLIDATED LABOR ASSOC. OF THE PHILS. V MARSMAN AND CO. (64)
2. Change in type
CONSOLIDATED LABOR ASSOC. OF THE PHILS. V. MARSMAN AND CO. (64)
3. Non-conversion – Strike to lockout
RIZAL CEMENT WORKERS UNION V. CIR (62)
IV. Grounds
A. Allowable strikes
Art. 263. Strikes, picketing and lockouts.
(c) In case of bargaining deadlocks, the duly certified or recognized bargaining agent may file a notice of strike or the employer may file a notice of lockout with the Ministry at least 30 day before the intended date thereof. In cases of unfair labor practice, the period of notice shall be 15 days and in the absence of a duly certified or recognized bargaining agent, the notice of strike may be filed by any legitimate labor organization in behalf of its members. However, in case of dismissal from employment of union officers duly elected in accordance with the union constitution and by-laws, which may constitute union busting, where the existence of the union is
VII. Economic Weapons – Strikes and Lockouts 76
threatened, the 15-day cooling-off period shall not apply and the union may take action immediately. (As amended by Executive Order No. 111, December 24, 1986)
B. Prohibited strikes
Art. 263. Strikes, picketing and lockouts.
(b) Workers shall have the right to engage in concerted activities for purposes of collective bargaining or for their mutual benefit and protection. The right of legitimate labor organizations to strike and picket and of employers to lockout, consistent with the national interest, shall continue to be recognized and respected. However, no labor union may strike and no employer may declare a lockout on grounds involving inter-union and intra-union disputes.
Art. 212. Definitions.
(q) "Internal union dispute" includes all disputes or grievances arising from any violation of or disagreement over any provision of the constitution and by laws of a union, including any violation of the rights and conditions of union membership provided for in this Code.
Art. 263. Strikes, picketing and lockouts.
(g) When, in his opinion, there exists a labor dispute causing or likely to cause a strike or lockout in an industry indispensable to the national interest, the Secretary of Labor and Employment may assume jurisdiction over the dispute and decide it or certify the same to the Commission for compulsory arbitration. Such assumption or certification shall have the effect of automatically enjoining the intended or impending strike or lockout as specified in the assumption or certification order. If one has already taken place at the time of assumption or certification, all striking or locked out employees shall immediately return-to-work and the employer shall immediately resume operations and readmit all workers under the same terms and conditions prevailing before the strike or lockout. The Secretary of Labor and Employment or the Commission may seek the assistance of law enforcement agencies to ensure compliance with this provision as well as with such orders as he may issue to enforce the same.
In line with the national concern for and the highest respect accorded to the right of patients to life and health, strikes and lockouts in hospitals, clinics and similar medical institutions shall, to every extent possible, be avoided, and all serious efforts, not only by labor and management but government as well, be exhausted to substantially minimize, if not prevent, their adverse effects on such life and health, through the exercise, however legitimate, by labor of its right to strike and by
management to lockout. In labor disputes adversely affecting the continued operation of such hospitals, clinics or medical institutions, it shall be the duty of the striking union or locking-out employer to provide and maintain an effective skeletal workforce of medical and other health personnel, whose movement and services shall be unhampered and unrestricted, as are necessary to insure the proper and adequate protection of the life and health of its patients, most especially emergency cases, for the duration of the strike or lockout. In such cases, therefore, the Secretary of Labor and Employment may immediately assume, within twenty four (24) hours from knowledge of the occurrence of such a strike or lockout, jurisdiction over the same or certify it to the Commission for compulsory arbitration. For this purpose, the contending parties are strictly enjoined to comply with such orders, prohibitions and/or injunctions as are issued by the Secretary of Labor and Employment or the Commission, under pain of immediate disciplinary action, including dismissal or loss of employment status or payment by the locking-out employer of backwages, damages and other affirmative relief, even criminal prosecution against either or both of them.
The foregoing notwithstanding, the President of the Philippines shall not be precluded from determining the industries that, in his opinion, are indispensable to the national interest, and from intervening at any time and assuming jurisdiction over any such labor dispute in order to settle or terminate the same.
Art. 264. Prohibited activities.
a. No labor organization or employer shall declare a strike or lockout without first having bargained collectively in accordance with Title VII of this Book or without first having filed the notice required in the preceding Article or without the necessary strike or lockout vote first having been obtained and reported to the Ministry.
No strike or lockout shall be declared after assumption of jurisdiction by the President or the Minister or after certification or submission of the dispute to compulsory or voluntary arbitration or during the pendency of cases involving the same grounds for the strike or lockout.
Any worker whose employment has been terminated as a consequence of any unlawful lockout shall be entitled to reinstatement with full backwages. Any union officer who knowingly participates in an illegal strike and any worker or union officer who knowingly participates in the commission of illegal acts during a strike may be declared to have lost his employment status: Provided, That mere participation of a worker in a lawful strike shall not constitute sufficient ground for termination of his
VII. Economic Weapons – Strikes and Lockouts 77
employment, even if a replacement had been hired by the employer during such lawful strike.
Art. 265. Improved offer balloting. In an effort to settle a strike, the Department of Labor and Employment shall conduct a referendum by secret ballot on the improved offer of the employer on or before the 30th day of the strike. When at least a majority of the union members vote to accept the improved offer the striking workers shall immediately return to work and the employer shall thereupon readmit them upon the signing of the agreement.
In case of a lockout, the Department of Labor and Employment shall also conduct a referendum by secret balloting on the reduced offer of the union on or before the 30th day of the lockout. When at least a majority of the board of directors or trustees or the partners holding the controlling interest in the case of a partnership vote to accept the reduced offer, the workers shall immediately return to work and the employer shall thereupon readmit them upon the signing of the agreement. (Incorporated by Section 28, Republic Act No. 6715, March 21, 1989)
ILAW AT BUKLOD NG MANGGAGAWA (IBM) V. NLRC (65)
GRAND BOULEVARD HOTEL V. GENUINE LABOR ORGANIZATION (03)
BAUTISTA V. CA (05)
C. No strike clause
PANAY ELECTRIC CO. V. NLRC (95)
MALAYANG SAMAHAN NG MGA MANGGAGAWA SA GREENFIELD V. RAMOS
V. Striking lockout party
Art. 263. Strikes, picketing and lockouts.
(b) Workers shall have the right to engage in concerted activities for purposes of collective bargaining or for their mutual benefit and protection. The right of legitimate labor organizations to strike and picket and of employers to lockout, consistent with the national interest, shall continue to be recognized and respected. However, no labor union may strike and no employer may declare a lockout on grounds involving inter-union and intra-union disputes.
(c) In case of bargaining deadlocks, the duly certified or recognized bargaining agent may file a notice of strike or the employer may file a notice of lockout with the Ministry at least 30 day before the intended date thereof. In cases of unfair labor practice, the period of notice shall be 15 days and in the absence of a duly certified or recognized bargaining agent, the notice of strike may be filed by any legitimate labor organization in behalf of its members. However, in case of dismissal from employment of union officers duly elected in accordance with the union constitution and by-laws, which may constitute union busting, where the existence of the union is threatened, the 15-day cooling-off period shall not apply and the union may take action immediately. (As amended by Executive Order No. 111, December 24, 1986)
VI. Procedural requirements
A. Effort bargain
Art. 264. Prohibited activities.
a. No labor organization or employer shall declare a strike or lockout without first having bargained collectively in accordance with Title VII of this Book or without first having filed the notice required in the preceding Article or without the necessary strike or lockout vote first having been obtained and reported to the Ministry.
No strike or lockout shall be declared after assumption of jurisdiction by the President or the Minister or after certification or submission of the dispute to compulsory or voluntary arbitration or during the pendency of cases involving the same grounds for the strike or lockout.
VII. Economic Weapons – Strikes and Lockouts 78
Any worker whose employment has been terminated as a consequence of any unlawful lockout shall be entitled to reinstatement with full backwages. Any union officer who knowingly participates in an illegal strike and any worker or union officer who knowingly participates in the commission of illegal acts during a strike may be declared to have lost his employment status: Provided, That mere participation of a worker in a lawful strike shall not constitute sufficient ground for termination of his employment, even if a replacement had been hired by the employer during such lawful strike.
Art. 250. Procedure in collective bargaining. The following procedures shall be observed in collective bargaining:
a. When a party desires to negotiate an agreement, it shall serve a written notice upon the other party with a statement of its proposals. The other party shall make a reply thereto not later than ten (10) calendar days from receipt of such notice;
b. Should differences arise on the basis of such notice and reply, either party may request for a conference which shall begin not later than ten (10) calendar days from the date of request.
c. If the dispute is not settled, the Board shall intervene upon request of either or both parties or at its own initiative and immediately call the parties to conciliation meetings. The Board shall have the power to issue subpoenas requiring the attendance of the parties to such meetings. It shall be the duty of the parties to participate fully and promptly in the conciliation meetings the Board may call;
d. During the conciliation proceedings in the Board, the parties are prohibited from doing any act which may disrupt or impede the early settlement of the disputes; and
e. The Board shall exert all efforts to settle disputes amicably and encourage the parties to submit their case to a voluntary arbitrator. (As amended by Section 20, Republic Act No. 6715, March 21, 1989)
Art. 251. Duty to bargain collectively in the absence of collective bargaining agreements. In the absence of an agreement or other voluntary arrangement providing for a more expeditious manner of collective bargaining, it shall be the duty of employer and the representatives of the employees to bargain collectively in accordance with the provisions of this Code.
Art. 252. Meaning of duty to bargain collectively. The duty to bargain collectively means the performance of a mutual obligation to meet and convene promptly and expeditiously in good faith for the purpose of negotiating an agreement with respect to wages, hours of work and all other terms and conditions of employment including proposals for adjusting any grievances or questions arising under such agreement and executing a contract incorporating such agreements if requested by either party but such duty does not compel any party to agree to a proposal or to make any concession.
B. Filing of notice intention
Art. 263. Strikes, picketing and lockouts.
(c) In case of bargaining deadlocks, the duly certified or recognized bargaining agent may file a notice of strike or the employer may file a notice of lockout with the Ministry at least 30 day before the intended date thereof. In cases of unfair labor practice, the period of notice shall be 15 days and in the absence of a duly certified or recognized bargaining agent, the notice of strike may be filed by any legitimate labor organization in behalf of its members. However, in case of dismissal from employment of union officers duly elected in accordance with the union constitution and by-laws, which may constitute union busting, where the existence of the union is threatened, the 15-day cooling-off period shall not apply and the union may take action immediately. (As amended by Executive Order No. 111, December 24, 1986)
(d) The notice must be in accordance with such implementing rules and regulations as the Minister of Labor and Employment may promulgate.
(e) During the cooling-off period, it shall be the duty of the Ministry to exert all efforts at mediation and conciliation to effect a voluntary settlement. Should the dispute remain unsettled until the lapse of the requisite number of days from the mandatory filing of the notice, the labor union may strike or the employer may declare a lockout.
Art. 264. Prohibited activities.
a. No labor organization or employer shall declare a strike or lockout without first having bargained collectively in accordance with Title VII of this Book or without first having filed the notice required in the preceding Article or without the necessary strike or lockout vote first having been obtained and reported to the Ministry.
No strike or lockout shall be declared after assumption of jurisdiction by the President or the Minister or after certification or submission of the dispute
VII. Economic Weapons – Strikes and Lockouts 79
to compulsory or voluntary arbitration or during the pendency of cases involving the same grounds for the strike or lockout.
Any worker whose employment has been terminated as a consequence of any unlawful lockout shall be entitled to reinstatement with full backwages. Any union officer who knowingly participates in an illegal strike and any worker or union officer who knowingly participates in the commission of illegal acts during a strike may be declared to have lost his employment status: Provided, That mere participation of a worker in a lawful strike shall not constitute sufficient ground for termination of his employment, even if a replacement had been hired by the employer during such lawful strike.
C. Observance of cooling off period
Art. 263. Strikes, picketing and lockouts.
(c) In case of bargaining deadlocks, the duly certified or recognized bargaining agent may file a notice of strike or the employer may file a notice of lockout with the Ministry at least 30 day before the intended date thereof. In cases of unfair labor practice, the period of notice shall be 15 days and in the absence of a duly certified or recognized bargaining agent, the notice of strike may be filed by any legitimate labor organization in behalf of its members. However, in case of dismissal from employment of union officers duly elected in accordance with the union constitution and by-laws, which may constitute union busting, where the existence of the union is threatened, the 15-day cooling-off period shall not apply and the union may take action immediately. (As amended by Executive Order No. 111, December 24, 1986)
(e) During the cooling-off period, it shall be the duty of the Ministry to exert all efforts at mediation and conciliation to effect a voluntary settlement. Should the dispute remain unsettled until the lapse of the requisite number of days from the mandatory filing of the notice, the labor union may strike or the employer may declare a lockout.
Art. 250. Procedure in collective bargaining. The following procedures shall be observed in collective bargaining:
c. If the dispute is not settled, the Board shall intervene upon request of either or both parties or at its own initiative and immediately call the parties to conciliation meetings. The Board shall have the power to issue subpoenas requiring the attendance of the parties to such meetings. It shall be the
duty of the parties to participate fully and promptly in the conciliation meetings the Board may call;
d. During the conciliation proceedings in the Board, the parties are prohibited from doing any act which may disrupt or impede the early settlement of the disputes; and
e. The Board shall exert all efforts to settle disputes amicably and encourage the parties to submit their case to a voluntary arbitrator. (As amended by Section 20, Republic Act No. 6715, March 21, 1989)
HOTEL ENTERPRISES, ETC. V. SAMAHAN, ETC. (09)
NATIONAL UNION OF WORKERS IN HOTELS, ETC. V. CA (08)
PILIPINO TELEPHONE CORP. V. FILIPINO TELEPHONE EES ASSOC. (07)
G AND S TRANSPORT CORP. V. INFANTE (07)
GRAND BOULEVARD HOTEL V. GENUINE LABOR ORGANIZATION (03)
SAN MIGUEL CORP. V. NLRC (03)
VII. Economic Weapons – Strikes and Lockouts 80
PIÑERO V. NLRC (04)
SAMAHANG MANGGAGAWA V. SULPICIO LINES (04)
CAPITOL MEDICAL CENTER, INC. V. NLRC (05)
BUKLURAN NG MANGGAGAWA SA CLOTHMAN KNITTING CORP. – SOLIDARITY UNIONS IN THE PHILS FOR EMPLOYMENT AND REFORMS V. CA (05)
VII. Test of legality
A. Legal strikes
1. Purpose and means test
Art XIII Section 3. The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all.
It shall guarantee the rights of all workers to self-organizations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law.
The State shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including
conciliation, and shall enforce their mutual compliance therewith to foster industrial peace.
The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns on investments, and to expansion and growth.
Art. 263. Strikes, picketing and lockouts.
b. Workers shall have the right to engage in concerted activities for purposes of collective bargaining or for their mutual benefit and protection. The right of legitimate labor organizations to strike and picket and of employers to lockout, consistent with the national interest, shall continue to be recognized and respected. However, no labor union may strike and no employer may declare a lockout on grounds involving inter-union and intra-union disputes.
HOTEL ENTERPRISES, ETC. V. SAMAHAN, ETC. (09)
NATIONAL UNION OF WORKERS IN HOTELS, ETC. V. CA (08)
LUZON MARITIME DEPT. UNION V. ROLDAN (50)
CALTEX PHIL. INC. V. PHIL LABOR ORGS, CALTEX CHAPTER (53)
PHIL. MARITIME OFFICERS GUILD V. CIA. MARITIMA (68)
VII. Economic Weapons – Strikes and Lockouts 81
UNION OF FILPRO EES V. NESTLE PHILS. INC. (90)
RELIANCE SURETY AND INSURANCE CO. V. NLRC (91)
ILAW AT BUKLOD NG MANGGAGAWA V. DIRECTOR (79)
ASSOC. OF INDEPENDENT UNIONS V. NLRC (99)
SAN MIGUEL CORP. V. NLRC (03)
MALAYANG SAMAHAN NG MGA MANGGAGAWA SA M. GREENFIELD V. RAMOS (00)
2. Guidelines and Balancing of Interest
SHELL OIL WORKERS UNION V. SHELL CO. OF PHILS. (71)
ALMIRA V. BF GOODRICH (74)
3. Defenses – Good faith – ULP
INTERWOOD EES ASSOC. V. INTERNATIONAL HARDWOOD (56)
NATIONAL UNION OF WORKERS HOTELS, RESTAURANT, AND ALLIED INDUSTRIES V. NLRC (98)
PNOC DOCKYARD V. NLRC (98)
B. Illegal strikes
1. Basis – Illegality
Art. 263. Strikes, picketing and lockouts.
(b) Workers shall have the right to engage in concerted activities for purposes of collective bargaining or for their mutual benefit and protection. The right of legitimate labor organizations to strike and picket and of employers to lockout, consistent with the national interest, shall continue to be recognized and respected. However, no labor union may strike and no employer may declare a lockout on grounds involving inter-union and intra-union disputes.
(c) In case of bargaining deadlocks, the duly certified or recognized bargaining agent may file a notice of strike or the employer may file a notice of lockout with the Ministry at least 30 day before the intended date thereof. In cases of unfair labor practice, the period of notice shall be 15 days and in the absence of a duly certified or recognized bargaining agent, the notice of strike may be filed by any legitimate labor organization in behalf of its members. However, in case of dismissal from employment of union officers duly elected in accordance with the union constitution and by-laws, which may constitute union busting, where the existence of the union is threatened, the 15-day cooling-off period shall not apply and the union
VII. Economic Weapons – Strikes and Lockouts 82
may take action immediately. (As amended by Executive Order No. 111, December 24, 1986)
Art. 264. Prohibited activities.
a. No labor organization or employer shall declare a strike or lockout without first having bargained collectively in accordance with Title VII of this Book or without first having filed the notice required in the preceding Article or without the necessary strike or lockout vote first having been obtained and reported to the Ministry.
No strike or lockout shall be declared after assumption of jurisdiction by the President or the Minister or after certification or submission of the dispute to compulsory or voluntary arbitration or during the pendency of cases involving the same grounds for the strike or lockout.
Any worker whose employment has been terminated as a consequence of any unlawful lockout shall be entitled to reinstatement with full backwages. Any union officer who knowingly participates in an illegal strike and any worker or union officer who knowingly participates in the commission of illegal acts during a strike may be declared to have lost his employment status: Provided, That mere participation of a worker in a lawful strike shall not constitute sufficient ground for termination of his employment, even if a replacement had been hired by the employer during such lawful strike.
Art. 265. Improved offer balloting. In an effort to settle a strike, the Department of Labor and Employment shall conduct a referendum by secret ballot on the improved offer of the employer on or before the 30th day of the strike. When at least a majority of the union members vote to accept the improved offer the striking workers shall immediately return to work and the employer shall thereupon readmit them upon the signing of the agreement.
In case of a lockout, the Department of Labor and Employment shall also conduct a referendum by secret balloting on the reduced offer of the union on or before the 30th day of the lockout. When at least a majority of the board of directors or trustees or the partners holding the controlling interest in the case of a partnership vote to accept the reduced offer, the workers shall immediately return to work and the employer shall thereupon readmit them upon the signing of the agreement. (Incorporated by Section 28, Republic Act No. 6715, March 21, 1989)
SUKHOTAL CUISINE ETC. V. CA (06)
ALLIED BANKING CORP. V. NLRC (96)
INTERPHIL LABORATORIES EES UNION V. INTERPHIL LABORATORIES (98)
SAMAHAN NG MGA MANGGAGAWA V. NLRC (00)
PHIL. DIAMOND HOTEL AND RESORT INC. V. MANILA DIAMOND HOTEL EMPLOYEES UNION (06)
2. Effect of illegality
Art. 264. Prohibited activities.
a. No labor organization or employer shall declare a strike or lockout without first having bargained collectively in accordance with Title VII of this Book or without first having filed the notice required in the preceding Article or without the necessary strike or lockout vote first having been obtained and reported to the Ministry.
No strike or lockout shall be declared after assumption of jurisdiction by the President or the Minister or after certification or submission of the dispute to compulsory or voluntary arbitration or during the pendency of cases involving the same grounds for the strike or lockout.
Any worker whose employment has been terminated as a consequence of any unlawful lockout shall be entitled to reinstatement with full backwages. Any union officer who knowingly participates in an illegal strike and any worker or union officer who knowingly participates in the commission of illegal acts during a strike may be declared to have lost his
VII. Economic Weapons – Strikes and Lockouts 83
employment status: Provided, That mere participation of a worker in a lawful strike shall not constitute sufficient ground for termination of his employment, even if a replacement had been hired by the employer during such lawful strike.
NATIONAL UNION OF WORKERS IN HOTELS, ETC. V. CA (08)
TOYOTA MOTORS PHILS. CORP. V. WORKERS ASSOC. (TMPCWA) V. NLRC (07)
G AND S TRANSPORT CORP. V. INFANTE (07)
NISSAN MOTORS V. SEC. DOLE (06)
PHILCOM EES UNION V. PHIL. GLOBAL COMMUNICATIONS (06)
GRAND BOULEVARD HOTEL V. GENUINE LABOR ORGANIZATION (03)
SAN JUAN DE DIOS V. SAN JUAN DE DIOS (04)
STAMFORD MARKETING CORP V. JULIAN (04)
PHIL. DIAMOND HOTEL AND RESORT INC. V. MANILA DIAMOND HOTEL EMPLOYEES UNION (06)
ARELLANO UNIV. EES UNION V. CA (06)
3. Employment of strikes breakers
Art. 264. Prohibited activities.
(c) No employer shall use or employ any strike-breaker, nor shall any person be employed as a strike-breaker.
Art. 212. Definitions. (r) "Strike-breaker" means any person who obstructs, impedes, or interferes with by force, violence, coercion, threats, or intimidation any peaceful picketing affecting wages, hours or conditions of work or in the exercise of the right of self-organization or collective bargaining.
5. Strike area and run-away shop
BOOK FIVE Labor Relations
RULE I Definition of Terms
SECTION 1. Definition of terms. —
(a) "Commission" means the National Labor Relations Commission.
(b) "Bureau" means the Bureau of Labor Relations and/or the Industrial Relations Division in the Regional Offices of the Department of Labor and Employment.
(c) "Board" means the National Conciliation and Mediation Board.
VII. Economic Weapons – Strikes and Lockouts 84
(d) "Code" means the Labor Code of the Philippines, as amended.
(e) "Employer" includes any person acting in the interest of an employer, directly or indirectly. The term shall not include any labor organization or any of its officers or agents except when acting as employer.
(f) "Employee" includes any person in the employ of a particular employer. The term shall not be 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.
(g) "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.
(h) "Local Union" means any labor organization operating at the enterprise level.
(i) "National Union/Federation" means any labor organization with at least ten (10) locals or chapters each of which must be a duly recognized collective bargaining agent.
(j) "Legitimate Labor Organization" means any labor organization duly registered with the Department of Labor and Employment and includes any branch, local or affiliate thereof.
(k) "Company Union" means any labor organization whose formation, function or administration has been assisted by any act defined as unfair labor practice by the Code.
(l) "Bargaining Representative" means a legitimate labor organization or any duly authorized officer or agent of such organization whether or not employed by the employer.
(m) "Unfair Labor Practice" means any unfair labor practice as expressly defined in the Code.
(n) "Labor or Industrial Dispute" includes any controversy or matter concerning terms or conditions of employment or the association or representation of persons in negotiating the fixing, maintaining, changing or arranging of terms and conditions of employment regardless of whether or not the disputants stand in the proximate relationship of employers and employees.
(o) "Managerial Employee" is one who is vested with powers or prerogatives to lay down and execute management policies and/or to hire, transfer, suspend, layoff, recall, discharge, assign or discipline 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 require the use of independent judgment. All employees not falling within any of the above definitions are considered rank-and-file employees for purposes of this Book.
(p) "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.
(q) "Strike" means any temporary stoppage of work by the concerted action of employees as a result of a labor or industrial dispute.
(r) "Strike-Breaker" means any person who obstructs, impedes, or interferes with by force, violence, coercion, threats or intimidation any peaceful picketing by employees during any labor controversy affecting wages, hours or conditions of work or in the exercise of the right of self-organization or collective bargaining.
(s) "Strike Area" means the establishment, warehouse, depots, plants or offices, including the sites or premises used as run-away shops, of the employer struck against, as well as the immediate vicinity actually used by picketing strikers in moving to and fro before all points of entrance to and exits from said establishment.
(t) "Lockout" means the temporary refusal of an employer to furnish work as a result of a labor or industry dispute.
(u) "Internal Union Dispute" includes all disputes or grievances arising from any violation of or disagreement over any provision of the constitution and by-laws of a union, including any violation of the rights and conditions of union membership provided for in this Code.
(v) "Appeal" means the elevation by an aggrieved party of any decision, order or award of a lower body to a higher body, by means of a pleading which includes the assignment of errors, memorandum of arguments in support thereof, and the reliefs prayed for. A mere notice of appeal, therefore, does not constitute the appeal as herein defined and understood, and shall not stop the running of the period for perfecting an appeal.
VII. Economic Weapons – Strikes and Lockouts 85
(w) "Perfection of an Appeal" includes the filing within the prescribed period, of the memorandum of appeal containing, among others, the assignment of error/s, the argument in support thereof, the reliefs sought and posting of the appeal bond.
(x) "Certification Election" means the process of determining, through secret ballot, the sole and exclusive bargaining agent of the employees in an appropriate bargaining unit, for purposes of collective bargaining.
(y) "Consent Election" means the election voluntarily agreed upon by the parties to determine the issue of majority representation of all the workers in the appropriate collective bargaining unit.
(z) "Run-Off" refers to an election between the labor unions receiving the two (2) higher number of voters when a certification election which provides for three (3) or more choices results in no choice receiving a majority of the valid votes cast, where the total number of votes for all contending unions is at least fifty percent (50%) of the number of votes cast.
(aa) "Registration of Agreement" refers to the filing of the collective bargaining agreement with the Regional Office or the Bureau accompanied by verified proof of posting and ratification and payment of fee.
(bb) "Organized Establishment" refers to a firm or company where there is a recognized or certified exclusive bargaining agent.
(cc) "Registration Proceedings" refer to proceedings involving the application for registration of labor organizations.
(dd) "Cancellation Proceeding" is the process leading to the revocation of the registration certificate of a labor organization after due process.
(ee) "Hearing Officers" are officers appointed/designated in the Regional Office and authorized to hear and decide cases under Section 2 of Republic Act No. 6715 and whose decision is appealable to the Commission.
(ff) "Union Accounts Examiners" are officials in the Bureau or the Industrial Relations Division in the Regional Office empowered to audit books of accounts of the union.
(gg) "Representation Officer" refer to a person duly authorized to conduct and supervise certification elections in accordance with Rule VI of this Book.
(hh) "Term of Office" means the tenure of office of elected officials of a labor organization which is for a fixed period of five (5) years.
(ii) "Cabo" refers to a person or group or persons or to a labor group which, in the guise of a labor organization, supplies workers to an employer, with or without any monetary or other consideration whether in the capacity of an agent of the employer or as an ostensible independent contractor.
(jj) "Collective Bargaining Agreement" refers to the negotiated contract between a legitimate labor organization and the employer concerning wages, hours of work and all other terms and conditions of employment in a bargaining unit, including mandatory provisions for grievances and arbitration machineries.
(kk) "Med-Arbiter" is an official in the Regional Office authorized to hear, conciliate, mediate and decide representation cases, internal union and inter-union disputes.
(ll) "Administrator" refers to the Administrator of the Philippine Overseas Employment Administration or the National Conciliation and Mediation Board as the context so indicates.
RULE II Registration of Unions
SECTION 1. Who may join unions. — All persons employed in commercial, industrial and agricultural enterprises, including employees of government corporations established under the Corporation Code as well as employees of religious, medical or educational institutions whether operating for profit or not, except managerial employees, shall have the right to self-organization and to form, join or assist labor organizations 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.
Supervisory employees and security guards shall not be eligible for membership in a labor organization of the rank-and-file employees but may join, assist or form separate labor organizations of their own; Provided, that those supervisory employees who are included in an existing rank-and-file bargaining unit, upon the effectivity of Republic Act No. 6715, shall remain in that unit; Provided, further, that alien employees with valid working permits issued by the Department of Labor and Employment may exercise the right to self-organization and join or assist labor organizations for purposes of collective bargaining if they are nationals of a country which grants the same or similar rights to Filipino workers, as certified by the Department of Foreign Affairs.
VII. Economic Weapons – Strikes and Lockouts 86
For the purpose of this Section, any employee, whether employed for a definite period or not, shall, beginning on the first day of his service, be eligible for membership in the union.
SECTION 2. Where to file application; procedure. — Any national labor organization or labor federation or local union may file an application for registration with the Bureau or the Regional Office where the applicant's principal office is located. The Bureau or the Regional Office shall immediately process and approve or deny the application. In case of approval, the Bureau or the Regional Office shall issue the registration certificate within thirty (30) calendar days from receipt of the application, together with all the requirements for registration as hereinafter provided.
SECTION 3. Union affiliation; direct membership with national union. — An affiliate of a labor federation or national union may be a local or chapter thereof or an independently registered union.
(a) The labor federation or national union concerned shall issue a charter certificate indicating the creation or establishment of a local or chapter, copy of which shall be submitted to the Bureau of Labor Relations within thirty (30) days from issuance of such charter certificate.
(b) 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 within thirty (30) days after its execution.
(c) All existing labor federations or national unions are required to submit a list of all their affiliates, their addresses and including the names and addresses of their respective officials, to the Bureau within thirty (30) days from effectivity of these Rules.
(d) All existing labor federations or national unions with direct members are required to organize said members into locals or chapters in their respective companies or establishments within sixty (60) days from effectivity of these Rules.
(e) The local or chapter of a labor federation or national union shall have and maintain constitution and by-laws, set of officers and books of accounts. For reporting purposes, the procedure governing the reporting of independently registered unions, federations or national unions shall be observed.
(f) No person who is not an employee or worker of the company or establishment where an independently registered union, affiliate, local or chapter of a labor federation or national union operates shall henceforth be elected or appointed as an officer of such union, affiliate, local or chapter.
SECTION 4. Requirements for registration of local unions; applications. — The application for registration of a local union shall be signed by at least twenty percent (20%) of the employees in the appropriate bargaining unit which the applicant union seeks to represent, and shall be accompanied by the following:
(a) Fifty-peso registration fee;
(b) The names of its officers, their addresses, the principal address of the labor organization, the minutes of the organizational meetings and the list of the workers who participated in such meetings;
(c) The names of all its members and the number of employees in the bargaining unit;
(d) If the applicant union has been in existence for one or more years, copies of its annual financial reports;
(e) Four copies of its constitution and by-laws, minutes of its adoption or ratification, and the list of the members who participated in it;
(f) A sworn statement by the applicant union that there is no certified bargaining agent in the bargaining unit concerned. In case where there is an existing collective bargaining agreement duly submitted to the Department of Labor and Employment, a sworn statement that the application for registration is filed during the last sixty (60) days of the agreement; and
(g) The application for registration and all the accompanying documents shall be verified under oath by the secretary or the treasurer, as the case may be, and attested to by the president.
SECTION 5. Denial of registration of local unions. — The Regional Office of the Bureau may deny the application for registration on grounds of non-compliance with the requirements enumerated in Section 4 hereof.
The decision of the Regional Office or the Bureau denying the application for registration shall be in writing, stating in clear terms the reasons therefor. A copy thereof shall be furnished the applicant union.
SECTION 6. Appeal. — Any applicant union may appeal to the Bureau the denial of registration by the Regional Office, or to the Secretary if the denial is by the Bureau, within ten (10) calendar days from receipt of such decision on grounds of:
(a) Grave abuse of discretion; and
VII. Economic Weapons – Strikes and Lockouts 87
(b) Gross incompetence.
The appeal shall be filed in the Regional Office/Bureau which shall cause the transmittal of the records to the Bureau/Secretary within five (5) calendar days from receipt of the appeal.
The Bureau/Secretary shall decide the appeal within twenty (20) calendar days from receipt of the records of the case.
SECTION 7. Cancellation of registration certificate. — The certificate of registration of any legitimate labor organization including labor federations or national unions may be cancelled by the Bureau or the Regional Office on any of the following grounds:
(a) Violation of Articles 234, 237 and 239 of the Code;
(b) Failure to comply with Article 238 of the Code; and
(c) Violation of any of the provisions of Article 241 of the Code.
SECTION 8. Notice of Cancellation. — The Bureau or the Regional Office shall serve a notice of the cancellation proceedings on the labor organization concerned stating the grounds therefor, at least fifteen (15) calendar days before the scheduled date of hearing. In such hearing, the representative of the labor organization shall have the right to present its side.
SECTION 9. Appeal. — The labor organization may, unless the law provides otherwise, within fifteen (15) calendar days from receipt of the decision cancelling or revoking its certificate of registration, file an appeal to the Bureau, or in case of cancellation by the Bureau, to the Secretary, on any of the following grounds:
(a) Grave abuse of discretion; and
(b) Gross incompetence.
The Bureau/Secretary shall have fifteen (15) calendar days from receipt of the records of the case within which to decide the appeal. The decision shall be final and unappealable.
SECTION 10. Rights of labor organizations. — A legitimate labor organization shall have the rights enumerated in Article 242 of the Code.
SECTION 11. Automatic cancellation of union registration. — (a) The Bureau or the Regional Office shall, after due process, cancel the certificate of registration of any labor organization which fails to submit the financial reports required by the Code
and its Implementing Rules six (6) months after the effectivity of Republic Act No. 6715.
(b) The reports required under this section shall be submitted to the Bureau or the Regional Office.
COMPLEX ELECTRONICS ASSOC. V. NLRC (99)
5. Improved offer balloting and strikes
Art. 265. Improved offer balloting. In an effort to settle a strike, the Department of Labor and Employment shall conduct a referendum by secret ballot on the improved offer of the employer on or before the 30th day of the strike. When at least a majority of the union members vote to accept the improved offer the striking workers shall immediately return to work and the employer shall thereupon readmit them upon the signing of the agreement.
In case of a lockout, the Department of Labor and Employment shall also conduct a referendum by secret balloting on the reduced offer of the union on or before the 30th day of the lockout. When at least a majority of the board of directors or trustees or the partners holding the controlling interest in the case of a partnership vote to accept the reduced offer, the workers shall immediately return to work and the employer shall thereupon readmit them upon the signing of the agreement. (Incorporated by Section 28, Republic Act No. 6715, March 21, 1989)
Art. 212 (v). "Appeal" means the elevation by an aggrieved party of any decision, order or award of a lower body to a higher body, by means of a pleading which includes the assignment of errors, memorandum of arguments in support thereof, and the reliefs prayed for. A mere notice of appeal, therefore, does not constitute the appeal as herein defined and understood, and shall not stop the running of the period for perfecting an appeal.
VIII. Burden of economic loss
PHIL. DIAMOND HOTEL AND RESORT INC. V. MANILA DIAMOND HOTEL EMPLOYEES UNION (04)
VII. Economic Weapons – Strikes and Lockouts 88
CROWNWELL COMMERCIAL EMPLOYEES AND LABORERS UNION V. CIR (64)
CONSOLIDATED LABOR ASSOC. B. MARSMAN AND CO. (64)
SSS V. SSS SUPERVISORS UNION (82)
PHIL. INTERFASHION INC. V. NLRC (82)
LAPANDAY WORKERS UNION V. NLRC (95)
VIII. Picketing 89
VIII. Picketing
A. Definition and Basis
Black’s Law Dictionary
: by members of a trade union on strike, consists in posting members at all the approaches to the works struck against, for the purpose of observing and re- porting the workmen going to or coming from the works, and of using such influence as may be in their power to prevent the workmen from accepting work there.
Art. III Sec. 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.
B. Nature and purpose of picket line
STA. ROSA COCA-COLA PLANT EMPLOYEES UNION V. COCA-COLA BOTTLERS PHILS. INC. (07)
INSULAR LIFE ASSURANCE CO. LTD. EMPLOYEES V. INSULAR LIFE ASSURANCE CO. LTD. (71)
SECURITY BANK EMPLOYEES UNION V. SECURITY BANK AND TRUST CO. (68)
MONTERA V. CIR (47)
PHIL. ASSOC. OF FREE LABOR UNIONS V. CLORIBEL (69)
C. Picketing and libel laws
Art. 353. Definition of libel. — A libel is public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.
PHIL. COMMERCIAL AND INDUSTRIAL BANK PHILNABANK EMPLOYEES (81)
D. Employer-employee relationship
DE LEON V. NATIONAL LABOR UNION (57)
CRUZ V. CINEMA STAGE (57)
E. Curtailment
FREE TELEPHONE WORKERS UNION V. PHIL. LONG DISTANCE CO. (82)
NAGKAKAISANG MANGGAGAWA SA CUIZON HOTEL V. LIBRON (83)
VIII. Picketing 90
F. Restrictions, innocent third party rule and liabilities
LIWAYWAY PUBLISHING CO. INC. V. PERMANENT CONCRETE WORKERS UNION (81)
MSF TIRE AND RUBBER INC. V. CA (99)
Prohibited activities – peaceful picketing
Art. 264. Prohibited activities.
b. No person shall obstruct, impede, or interfere with, by force, violence, coercion, threats or intimidation, any peaceful picketing by employees during any labor controversy or in the exercise of the right to self-organization or collective bargaining, or shall aid or abet such obstruction or interference.
RPC Art. 289. Formation, maintenance and prohibition of combination of capital or labor through violence or threats. — The penalty of arresto mayor and a fine not exceeding 300 pesos shall be imposed upon any person who, for the purpose of organizing, maintaining or preventing coalitions or capital or labor, strike of laborers or lock-out of employees, shall employ violence or threats in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work, if the act shall not constitute a more serious offense in accordance with the provisions of this Code.
RPC Art. 312. Occupation of real property or usurpation of real rights in property. — Any person who, by means of violence against or intimidation of persons, shall take possession of any real property or shall usurp any real rights in property belonging to another, in addition to the penalty incurred for the acts of violence executed by him, shall be punished by a fine from 50 to 100 per centum of the gain which he shall have obtained, but not less than 75 pesos.
If the value of the gain cannot be ascertained, a fine of from 200 to 500 pesos shall be imposed.
IX. Labor Injunction 91
IX. Labor Injunction
I. Definition and Nature
Dictionary definition
PHIL. AIRLINES INC. V. NLRC (98)
II. General rule – prohibition
Art. 254. Injunction prohibited. No temporary or permanent injunction or restraining order in any case involving or growing out of labor disputes shall be issued by any court or other entity, except as otherwise provided in Articles 218 and 264 of this Code. (As amended by Batas Pambansa Bilang 227, June 1, 1982)
CALTEX FILIPINO MANAGERS AND SUPERVISORS ASSOCIATION V. CIR (84)
SAN MIGUEL CORP. V.NLRC (03)
ILAW AT BUKLOD NG MANGGAGAWA (IBM) V. NLRC (98)
PHIL. AIRLINES INC V. NLRC (98)
DELTA VENTURES RESOURCE INC V. CABATO (00)
RAVAGO V. EASTERN MARINE LTD. (05)
IV. Issuing Agency
A. National Labor Relations Commission and role of labor arbiter
Art. 218. Powers of the Commission. The Commission shall have the power and authority:
(e) To enjoin or restrain any actual or threatened commission of any or all prohibited or unlawful acts or to require the performance of a particular act in any labor dispute which, if not restrained or performed forthwith, may cause grave or irreparable damage to any party or render ineffectual any decision in favor of such party: Provided, That no temporary or permanent injunction in any case involving or growing out of a labor dispute as defined in this Code shall be issued except after hearing the testimony of witnesses, with opportunity for cross-examination, in support of the allegations of a complaint made under oath, and testimony in opposition thereto, if offered, and only after a finding of fact by the Commission, to the effect:
1. That prohibited or unlawful acts have been threatened and will be committed and will be continued unless restrained, but no injunction or temporary restraining order shall be issued on account of any threat, prohibited or unlawful act, except against the person or persons, association or organization making the threat or committing the prohibited or unlawful act or actually authorizing or ratifying the same after actual knowledge thereof;
2. That substantial and irreparable injury to complainant’s property will follow;
IX. Labor Injunction 92
3. That as to each item of relief to be granted, greater injury will be inflicted upon complainant by the denial of relief than will be inflicted upon defendants by the granting of relief;
4. That complainant has no adequate remedy at law; and
5. That the public officers charged with the duty to protect complainant’s property are unable or unwilling to furnish adequate protection.
Such hearing shall be held after due and personal notice thereof has been served, in such manner as the Commission shall direct, to all known persons against whom relief is sought, and also to the Chief Executive and other public officials of the province or city within which the unlawful acts have been threatened or committed, charged with the duty to protect complainant’s property: Provided, however, that if a complainant shall also allege that, unless a temporary restraining order shall be issued without notice, a substantial and irreparable injury to complainant’s property will be unavoidable, such a temporary restraining order may be issued upon testimony under oath, sufficient, if sustained, to justify the Commission in issuing a temporary injunction upon hearing after notice. Such a temporary restraining order shall be effective for no longer than twenty (20) days and shall become void at the expiration of said twenty (20) days. No such temporary restraining order or temporary injunction shall be issued except on condition that complainant shall first file an undertaking with adequate security in an amount to be 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, including all reasonable costs, together with a reasonable attorney’s fee, and expense of defense against the order or against the granting of any injunctive relief sought in the same proceeding and subsequently denied by the Commission. The undertaking herein mentioned shall be understood to constitute an agreement entered into by the complainant and the surety upon which an order may be rendered in the same suit or proceeding against said complainant and surety, upon a hearing to assess damages, of which hearing, complainant and surety shall have reasonable notice, the said complainant and surety submitting themselves to the jurisdiction of the Commission for that purpose. But nothing herein contained shall deprive any party having a claim or cause of action under or upon such undertaking from electing to pursue his ordinary remedy by suit at law or in equity: Provided, further, That the reception of evidence for the application of a writ of injunction may be delegated by the Commission to any of its Labor Arbiters who shall conduct such hearings in such places as he may determine to be accessible to the parties and their witnesses and shall submit thereafter his recommendation to the Commission. (As amended by Section 10, Republic Act No. 6715, March 21, 1989)
NESTLE PHILS. INC. V. NLRC (91)
PHILIPPINE AIRLINES INC. V. NLRC (98)
B. Injunction and med-arbiter
DINIO V. LAGUESMA (97)
C. Procedural requirements and rules for the issuance of labor injunctions
Art. 218. Powers of the Commission. The Commission shall have the power and authority:
(e) To enjoin or restrain any actual or threatened commission of any or all prohibited or unlawful acts or to require the performance of a particular act in any labor dispute which, if not restrained or performed forthwith, may cause grave or irreparable damage to any party or render ineffectual any decision in favor of such party: Provided, That no temporary or permanent injunction in any case involving or growing out of a labor dispute as defined in this Code shall be issued except after hearing the testimony of witnesses, with opportunity for cross-examination, in support of the allegations of a complaint made under oath, and testimony in opposition thereto, if offered, and only after a finding of fact by the Commission, to the effect:
1. That prohibited or unlawful acts have been threatened and will be committed and will be continued unless restrained, but no injunction or temporary restraining order shall be issued on account of any threat, prohibited or unlawful act, except against the person or persons, association or organization making the threat or committing the prohibited or unlawful act or actually authorizing or ratifying the same after actual knowledge thereof;
IX. Labor Injunction 93
2. That substantial and irreparable injury to complainant’s property will follow;
3. That as to each item of relief to be granted, greater injury will be inflicted upon complainant by the denial of relief than will be inflicted upon defendants by the granting of relief;
4. That complainant has no adequate remedy at law; and
5. That the public officers charged with the duty to protect complainant’s property are unable or unwilling to furnish adequate protection.
Such hearing shall be held after due and personal notice thereof has been served, in such manner as the Commission shall direct, to all known persons against whom relief is sought, and also to the Chief Executive and other public officials of the province or city within which the unlawful acts have been threatened or committed, charged with the duty to protect complainant’s property: Provided, however, that if a complainant shall also allege that, unless a temporary restraining order shall be issued without notice, a substantial and irreparable injury to complainant’s property will be unavoidable, such a temporary restraining order may be issued upon testimony under oath, sufficient, if sustained, to justify the Commission in issuing a temporary injunction upon hearing after notice. Such a temporary restraining order shall be effective for no longer than twenty (20) days and shall become void at the expiration of said twenty (20) days. No such temporary restraining order or temporary injunction shall be issued except on condition that complainant shall first file an undertaking with adequate security in an amount to be 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, including all reasonable costs, together with a reasonable attorney’s fee, and expense of defense against the order or against the granting of any injunctive relief sought in the same proceeding and subsequently denied by the Commission. The undertaking herein mentioned shall be understood to constitute an agreement entered into by the complainant and the surety upon which an order may be rendered in the same suit or proceeding against said complainant and surety, upon a hearing to assess damages, of which hearing, complainant and surety shall have reasonable notice, the said complainant and surety submitting themselves to the jurisdiction of the Commission for that purpose. But nothing herein contained shall deprive any party having a claim or cause of action under or upon such undertaking from electing to pursue his ordinary remedy by suit at law or in equity: Provided, further, That the reception of evidence for the application of a writ of injunction may be delegated by the Commission to any of its Labor Arbiters who shall conduct such hearings in such places as he may determine to be accessible to the parties and their
witnesses and shall submit thereafter his recommendation to the Commission. (As amended by Section 10, Republic Act No. 6715, March 21, 1989)
ILAW AT BUKLOD NG MANGGAGAWA (IBM) V. NLRC (91)
BISIG NG MANGGAGAWA V. NLRC (93)
RAVAGO V. EASTERN MARINE (05)
X. Alternatives to Use of Economic Weapons – Conciliation and Arbitration as Modes of Labor Dispute Settlement 94
X. Alternatices to Use of Economic Weapons: Conciliation and Arbitration as Modes of Labor
Dispute Settlement
A. Conciliation
I. Policy
Art. 211. Declaration of Policy.
A. It is the policy of the State:
e. To provide an adequate administrative machinery for the expeditious settlement of labor or industrial disputes;
Art XIII Section 3. The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all.
It shall guarantee the rights of all workers to self-organizations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law.
The State shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace.
The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns on investments, and to expansion and growth.
II. Conciliation – as part of collective bargaining process
Art. 250. Procedure in collective bargaining. The following procedures shall be observed in collective bargaining:
c. If the dispute is not settled, the Board shall intervene upon request of either or both parties or at its own initiative and immediately call the parties to conciliation meetings. The Board shall have the power to issue subpoenas requiring the attendance of the parties to such meetings. It shall be the duty of the parties to participate fully and promptly in the conciliation meetings the Board may call;
d. During the conciliation proceedings in the Board, the parties are prohibited from doing any act which may disrupt or impede the early settlement of the disputes; and
e. The Board shall exert all efforts to settle disputes amicably and encourage the parties to submit their case to a voluntary arbitrator. (As amended by Section 20, Republic Act No. 6715, March 21, 1989)
Art. 233. Privileged communication. Information and statements made at conciliation proceedings shall be treated as privileged communication and shall not be used as evidence in the Commission. Conciliators and similar officials shall not testify in any court or body regarding any matters taken up at conciliation proceedings conducted by them.
NISSAN MOTORS PHILS. INC. V. SEC. OF LABOR AND EMPLOYMENT (93)
III. Conciliation agency – National conciliation and mediation board
EO 251.
Sec. 4. Section 22 of Executive Order No. 126 is hereby amended to read as follows:
"Sec. 22. National Conciliation and Mediation Board. A National Conciliation and Mediation Board, herein referred to as the "Board", is hereby created and which shall absorb the conciliation mediation and voluntary arbitration functions of the Bureau of Labor of Relations in accordance with Section 29 (c) hereof. The Board shall be composed of an Administrator and two (2) Deputy Administrators. It shall be an attached agency under the administrative supervision of the Secretary of Labor and Employment.
The Administrators and the Deputy Administrators shall be appointed by the President upon recommendation of the Secretary of Labor and Employment. There shall be as many Conciliators-Mediators as the needs of the public service require,
X. Alternatives to Use of Economic Weapons – Conciliation and Arbitration as Modes of Labor Dispute Settlement 95
who shall have at least three (3) years of experience in handling labor relations and who shall be appointed by the Secretary.
The Board shall have its main office in Metropolitan Manila and its Administrators shall exercise supervision over Conciliators-Mediators and all its personnel. It shall establish as many branches as there are administrative regions in the country, with a many Conciliator-mediators as shall be necessary for its effective operation. Each branch of the Board shall be headed by an Executive Conciliator-Mediator.
The Board shall have the following functions:
(a) Formulate policies, programs, standards, procedures, manuals of operation and guidelines pertaining to effective mediation and conciliation of labor disputes;
(b) Perform preventive mediation and conciliation functions;
(c) 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;
(d) formulate policies, plans, programs, standards, procedures, manuals of operation and guidelines pertaining to the promotion of cooperative and non-adversarial schemes, grievance handling, voluntary arbitration and other voluntary modes of dispute settlements;
(e) Administer the voluntary arbitration program; maintain/update a list of voluntary arbitrations; compile arbitration awards and decisions;
(f) Provide counselling and preventive mediation assistance particularly in the administration of collective agreement; awards and decisions;
(g) Monitor and exercise technical supervision over the Board programs being implemented in the regional offices; and
(h) Perform such other functions as may be provided by law or assigned by the Secretary.
A Tripartite Voluntary Arbitration Advisory Council is hereby created and attached to the National Conciliation and Mediation Board. The Tripartite Voluntary Arbitration Advisory Council shall advise the National Conciliation Board on matters pertaining to the promotion of voluntary arbitration as the preferred mode of dispute settlement.
The Tripartite Voluntary Arbitration Advisory Council shall consist of the Administrator of the National Conciliation and Mediation Board as Chairman, one other member from the government, two members representing labor, and two other members representing management. The members shall be appointed by the President to serve for a term of three (3) years. The Chairman and Members thereof shall serve without compensation."
Art. 211. Declaration of Policy.
A. It is the policy of the State:
c. To foster the free and voluntary organization of a strong and united labor movement
Conciliator’s Handbook, National Conciliation and Mediation Board, DOLE
pp. 1, 8-13, 16-17
X. Alternatives to Use of Economic Weapons – Conciliation and Arbitration as Modes of Labor Dispute Settlement 96
B. Arbitration
I. In general
CHUNG FU INDUSTRIES V. CA (92)
LM POWER ENGINEERING CORP. V. CAPITOL INDUSTRIAL CONSTRUCTION GROUPS (03)
FRABELLE FISHING CORP. V. PHIL. AMERICAN LIFE INSURANCE CO. (07)
II. Compulsory arbitration
A. Definition and nature of dispute subject to compulsory arbitration
Art. 263. Strikes, picketing and lockouts.
(g) When, in his opinion, there exists a labor dispute causing or likely to cause a strike or lockout in an industry indispensable to the national interest, the Secretary of Labor and Employment may assume jurisdiction over the dispute and decide it or certify the same to the Commission for compulsory arbitration. Such assumption or certification shall have the effect of automatically enjoining the intended or impending strike or lockout as specified in the assumption or certification order. If one has already taken place at the time of assumption or certification, all striking or locked out employees shall immediately return-to-work and the employer shall immediately resume operations and readmit all workers under the same terms and conditions prevailing before the strike or lockout. The Secretary of Labor and Employment or the Commission may seek the assistance of
law enforcement agencies to ensure compliance with this provision as well as with such orders as he may issue to enforce the same.In line with the national concern for and the highest respect accorded to the right of patients to life and health, strikes and lockouts in hospitals, clinics and similar medical institutions shall, to every extent possible, be avoided, and all serious efforts, not only by labor and management but government as well, be exhausted to substantially minimize, if not prevent, their adverse effects on such life and health, through the exercise, however legitimate, by labor of its right to strike and by management to lockout. In labor disputes adversely affecting the continued operation of such hospitals, clinics or medical institutions, it shall be the duty of the striking union or locking-out employer to provide and maintain an effective skeletal workforce of medical and other health personnel, whose movement and services shall be unhampered and unrestricted, as are necessary to insure the proper and adequate protection of the life and health of its patients, most especially emergency cases, for the duration of the strike or lockout. In such cases, therefore, the Secretary of Labor and Employment may immediately assume, within twenty four (24) hours from knowledge of the occurrence of such a strike or lockout, jurisdiction over the same or certify it to the Commission for compulsory arbitration. For this purpose, the contending parties are strictly enjoined to comply with such orders, prohibitions and/or injunctions as are issued by the Secretary of Labor and Employment or the Commission, under pain of immediate disciplinary action, including dismissal or loss of employment status or payment by the locking-out employer of backwages, damages and other affirmative relief, even criminal prosecution against either or both of them. The foregoing notwithstanding, the President of the Philippines shall not be precluded from determining the industries that, in his opinion, are indispensable to the national interest, and from intervening at any time and assuming jurisdiction over any such labor dispute in order to settle or terminate the same.
PHIL. AIRLINES INC. V. NLRC (89)
GTE DIRECTORIES CORP. V. GTE DIRECTORIES CORP. EMPLOYEES UNION (91)
X. Alternatives to Use of Economic Weapons – Conciliation and Arbitration as Modes of Labor Dispute Settlement 97
YSS EMPLOYEES, INC. V. YSS LABORATORIES (09)
LUZON DEVELOPMENT BANK V. ASSOC. OF DEV’T BANK EMPLOYEES (95)
PHIMCO ONDUSTRIES, INC. V. BRILLANTES (99)
TRANS-ASIA SHIPPING LINES V. CA (04)
MANILA DIAMOND HOTEL EMPLOYERS UNION V. CA (05)
B. Rationale – compulsory arbitration
YSS EMPLOYEES, INC. V. YSS LABORATORIES (09)
MANILA CORDAGE CO. V. CIR (71)
TRANS-ASIA SHIPPING LINES V. CA (04)
NATIONAL FEDERATION OF LABOR V. MOLE (83)
PHIL. SCHOOL OF BUSNIESS ADMINISTRATION V. NORIEL (83)
UNIVERSITY OF IMMACULATE CONCEPCION, INC. V. SEC. OF LABOR (05)
C. Process initiation – Certification of dispute
1. Initiating party
PLDT V. MANGGAGAWA (05)
a. Secretary DOLE
Art. 263. Strikes, picketing and lockouts.
(g) When, in his opinion, there exists a labor dispute causing or likely to cause a strike or lockout in an industry indispensable to the national interest, the Secretary of Labor and Employment may assume jurisdiction over the dispute and decide it or certify the same to the Commission for compulsory arbitration. Such assumption or certification shall have the effect of automatically enjoining the intended or impending strike or lockout as specified in the assumption or certification order. If one has already taken place at the time of assumption or certification, all striking or locked out
X. Alternatives to Use of Economic Weapons – Conciliation and Arbitration as Modes of Labor Dispute Settlement 98
employees shall immediately return-to-work and the employer shall immediately resume operations and readmit all workers under the same terms and conditions prevailing before the strike or lockout. The Secretary of Labor and Employment or the Commission may seek the assistance of law enforcement agencies to ensure compliance with this provision as well as with such orders as he may issue to enforce the same.In line with the national concern for and the highest respect accorded to the right of patients to life and health, strikes and lockouts in hospitals, clinics and similar medical institutions shall, to every extent possible, be avoided, and all serious efforts, not only by labor and management but government as well, be exhausted to substantially minimize, if not prevent, their adverse effects on such life and health, through the exercise, however legitimate, by labor of its right to strike and by management to lockout. In labor disputes adversely affecting the continued operation of such hospitals, clinics or medical institutions, it shall be the duty of the striking union or locking-out employer to provide and maintain an effective skeletal workforce of medical and other health personnel, whose movement and services shall be unhampered and unrestricted, as are necessary to insure the proper and adequate protection of the life and health of its patients, most especially emergency cases, for the duration of the strike or lockout. In such cases, therefore, the Secretary of Labor and Employment may immediately assume, within twenty four (24) hours from knowledge of the occurrence of such a strike or lockout, jurisdiction over the same or certify it to the Commission for compulsory arbitration. For this purpose, the contending parties are strictly enjoined to comply with such orders, prohibitions and/or injunctions as are issued by the Secretary of Labor and Employment or the Commission, under pain of immediate disciplinary action, including dismissal or loss of employment status or payment by the locking-out employer of backwages, damages and other affirmative relief, even criminal prosecution against either or both of them. The foregoing notwithstanding, the President of the Philippines shall not be precluded from determining the industries that, in his opinion, are indispensable to the national interest, and from intervening at any time and assuming jurisdiction over any such labor dispute in order to settle or terminate the same.
PLDT V. MANGGAGAWA (05)
b. President
Art. 263. Strikes, picketing and lockouts.
(g) When, in his opinion, there exists a labor dispute causing or likely to cause a strike or lockout in an industry indispensable to the national interest, the Secretary of Labor and Employment may assume jurisdiction over the dispute and decide it or certify the same to the Commission for compulsory arbitration. Such assumption or certification shall have the effect of automatically enjoining the intended or impending strike or lockout as specified in the assumption or certification order. If one has already taken place at the time of assumption or certification, all striking or locked out employees shall immediately return-to-work and the employer shall immediately resume operations and readmit all workers under the same terms and conditions prevailing before the strike or lockout. The Secretary of Labor and Employment or the Commission may seek the assistance of law enforcement agencies to ensure compliance with this provision as well as with such orders as he may issue to enforce the same.In line with the national concern for and the highest respect accorded to the right of patients to life and health, strikes and lockouts in hospitals, clinics and similar medical institutions shall, to every extent possible, be avoided, and all serious efforts, not only by labor and management but government as well, be exhausted to substantially minimize, if not prevent, their adverse effects on such life and health, through the exercise, however legitimate, by labor of its right to strike and by management to lockout. In labor disputes adversely affecting the continued operation of such hospitals, clinics or medical institutions, it shall be the duty of the striking union or locking-out employer to provide and maintain an effective skeletal workforce of medical and other health personnel, whose movement and services shall be unhampered and unrestricted, as are necessary to insure the proper and adequate protection of the life and health of its patients, most especially emergency cases, for the duration of the strike or lockout. In such cases, therefore, the Secretary of Labor and Employment may immediately assume, within twenty four (24) hours from knowledge of the occurrence of such a strike or lockout, jurisdiction over the same or certify it to the Commission for compulsory arbitration. For this purpose, the contending parties are strictly enjoined to comply with such orders, prohibitions and/or injunctions as are issued by the Secretary of Labor and Employment or the Commission, under pain of immediate disciplinary action, including dismissal or loss of employment status or payment by the locking-out employer of backwages, damages and other affirmative relief, even criminal prosecution against either or both of them.
X. Alternatives to Use of Economic Weapons – Conciliation and Arbitration as Modes of Labor Dispute Settlement 99
The foregoing notwithstanding, the President of the Philippines shall not be precluded from determining the industries that, in his opinion, are indispensable to the national interest, and from intervening at any time and assuming jurisdiction over any such labor dispute in order to settle or terminate the same.
FEATI UNIVERSITY V. FEATI UNIVERSITY FACULTY CLUB (66)
MANILA CORDAGE CO. V. CIR (71)
CAPITOL MEDICAL CENTER V. TRAJANO (05)
PHILCOM EMPLOYESS UNION V. PHIL. GLOBAL COMMUNICATIONS (06)
UNION OF FILIPRO EMPLOYEES V. NESTLE PHILS. (90)
INTERNATIONAL PHARMACEUTICAL INC. V. SEC. OF DOLE (92)
PHILTREAD WORKERS UNION V. CONFESSOR (97)
D. Arbitration agencies
Art. 263. Strikes, picketing and lockouts.
(g) When, in his opinion, there exists a labor dispute causing or likely to cause a strike or lockout in an industry indispensable to the national interest, the Secretary of Labor and Employment may assume jurisdiction over the dispute and decide it or certify the same to the Commission for compulsory arbitration. Such assumption or certification shall have the effect of automatically enjoining the intended or impending strike or lockout as specified in the assumption or certification order. If one has already taken place at the time of assumption or certification, all striking or locked out employees shall immediately return-to-work and the employer shall immediately resume operations and readmit all workers under the same terms and conditions prevailing before the strike or lockout. The Secretary of Labor and Employment or the Commission may seek the assistance of law enforcement agencies to ensure compliance with this provision as well as with such orders as he may issue to enforce the same.In line with the national concern for and the highest respect accorded to the right of patients to life and health, strikes and lockouts in hospitals, clinics and similar medical institutions shall, to every extent possible, be avoided, and all serious efforts, not only by labor and management but government as well, be exhausted to substantially minimize, if not prevent, their adverse effects on such life and health, through the exercise, however legitimate, by labor of its right to strike and by management to lockout. In labor disputes adversely affecting the continued operation of such hospitals, clinics or medical institutions, it shall be the duty of the striking union or locking-out employer to provide and maintain an effective skeletal workforce of medical and other health personnel, whose movement and services shall be unhampered and unrestricted, as are necessary to insure the proper and adequate protection of the life and health of its patients, most especially emergency cases, for the duration of the strike or lockout. In such cases, therefore, the Secretary of Labor and Employment may immediately assume, within twenty four (24) hours from knowledge of the occurrence of such a strike or lockout, jurisdiction over the same or certify it to the Commission for compulsory arbitration. For this purpose, the contending parties are strictly enjoined to comply with such orders, prohibitions and/or injunctions as are issued by the Secretary of Labor and Employment or the Commission, under pain of immediate disciplinary action, including dismissal or loss of employment status or payment by the locking-out employer of backwages, damages and other affirmative relief,
X. Alternatives to Use of Economic Weapons – Conciliation and Arbitration as Modes of Labor Dispute Settlement 100
even criminal prosecution against either or both of them. The foregoing notwithstanding, the President of the Philippines shall not be precluded from determining the industries that, in his opinion, are indispensable to the national interest, and from intervening at any time and assuming jurisdiction over any such labor dispute in order to settle or terminate the same.
UNION OF FILIPRO EMPLOYEES V. NESTLE PHILS. (90)
ST. SCHOLASTICA’S COLLEGE V. TORRES (92)
E. Effect of certification and violation of order
Art. 263. Strikes, picketing and lockouts.
(g) When, in his opinion, there exists a labor dispute causing or likely to cause a strike or lockout in an industry indispensable to the national interest, the Secretary of Labor and Employment may assume jurisdiction over the dispute and decide it or certify the same to the Commission for compulsory arbitration. Such assumption or certification shall have the effect of automatically enjoining the intended or impending strike or lockout as specified in the assumption or certification order. If one has already taken place at the time of assumption or certification, all striking or locked out employees shall immediately return-to-work and the employer shall immediately resume operations and readmit all workers under the same terms and conditions prevailing before the strike or lockout. The Secretary of Labor and Employment or the Commission may seek the assistance of law enforcement agencies to ensure compliance with this provision as well as with such orders as he may issue to enforce the same.In line with the national concern for and the highest respect accorded to the right of patients to life and health, strikes and lockouts in hospitals, clinics and similar medical institutions shall, to every extent possible, be avoided, and all serious efforts, not only by labor and management but government as well, be exhausted to substantially minimize, if not prevent, their adverse effects on such life and health, through the exercise, however
legitimate, by labor of its right to strike and by management to lockout. In labor disputes adversely affecting the continued operation of such hospitals, clinics or medical institutions, it shall be the duty of the striking union or locking-out employer to provide and maintain an effective skeletal workforce of medical and other health personnel, whose movement and services shall be unhampered and unrestricted, as are necessary to insure the proper and adequate protection of the life and health of its patients, most especially emergency cases, for the duration of the strike or lockout. In such cases, therefore, the Secretary of Labor and Employment may immediately assume, within twenty four (24) hours from knowledge of the occurrence of such a strike or lockout, jurisdiction over the same or certify it to the Commission for compulsory arbitration. For this purpose, the contending parties are strictly enjoined to comply with such orders, prohibitions and/or injunctions as are issued by the Secretary of Labor and Employment or the Commission, under pain of immediate disciplinary action, including dismissal or loss of employment status or payment by the locking-out employer of backwages, damages and other affirmative relief, even criminal prosecution against either or both of them. The foregoing notwithstanding, the President of the Philippines shall not be precluded from determining the industries that, in his opinion, are indispensable to the national interest, and from intervening at any time and assuming jurisdiction over any such labor dispute in order to settle or terminate the same.
YSS EMPLOYEES, INC. V. YSS LABORATORIES (09)
PHILCOM EMPLOYESS UNION V. PHIL. GLOBAL COMMUNICATIONS (06)
MANILA HOTEL EES ASSOC. V. MANILA HOTEL CORP. (07)
GRAND BOULEVARD HOTEL V. GRAND LABOR ORGANIZATION (03)
X. Alternatives to Use of Economic Weapons – Conciliation and Arbitration as Modes of Labor Dispute Settlement 101
TOYOTA MOTORS PHILS. CORP. ASSOC. V. NLRC (07)
SARMIENTO V. TUICO AND ASIAN TRANSMISSION CORP. (ATC) V. NLRC (88)
TELEFUNKEN SEMI-CONDUCTOR EMPLOYEES UNION V. CA (00)
TRANS-ASIA SHIPPING LINES, INC. UNLICENSED CREWS EMPLOYEES UNION V. CA (04)
UNIVERSITY OF SAN AGUSTIN V. CA (06)
UNION OF FILIPRO EMPLOYEES V. NESTLE PHILS. (90)
F. Awards and orders
Art. 263. Strikes, picketing and lockouts.
(i) The Secretary of Labor and Employment, the Commission or the voluntary arbitrator shall decide or resolve the dispute, as the case may be. The decision of the President, the Secretary of Labor and Employment, the Commission or the voluntary arbitrator shall be final and executory ten (10) calendar days after receipt thereof by the parties. (As amended by Section 27, Republic Act No. 6715, March 21, 1989)
PHILCOM EMPLOYESS UNION V. PHIL. GLOBAL COMMUNICATIONS (06)
NISSAN MOTORS V. SEC. DOLE (06)
MANILA ELECTRIC V. QUISUMBING (00)
LMG CHEMICALS CORP. V. SEC. DOLE (01)
PHIL. AIRLINES V. AIRLINE PILOTS (02)
TELEFUNKEN SEMI-CONDUCTOR EMPLOYEES UNION V. CA (00)
INTERPHIL LABORATORIES UNION V. INTERPHIL LABORATORIES (01)
X. Alternatives to Use of Economic Weapons – Conciliation and Arbitration as Modes of Labor Dispute Settlement 102
G. Option – submit case to voluntary arbitration after certification
Art. 263. Strikes, picketing and lockouts.
(h) Before or at any stage of the compulsory arbitration process, the parties may opt to submit their dispute to voluntary arbitration.
H. Compulsory arbitration and labor rights
PHILTREAD WORKERS UNION V. CONFESSOR (97)
III. Voluntary arbitration
A. Defined
LUZON DEV’T BANK V. ASSOC. OF DEV’T BANK EMPLOYEES (95)
MANILA CENTRAL LINE CORP. V. MANILA CENTRAL LINE FREE WORKERS UNION (98)
B. Basis for voluntary arbitration and rationale
Art XIII Section 3. The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all.
It shall guarantee the rights of all workers to self-organizations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law.
The State shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including
conciliation, and shall enforce their mutual compliance therewith to foster industrial peace.
The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns on investments, and to expansion and growth,
Art. 211. Declaration of Policy.
A. It is the policy of the State:
a. To 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;
Art. 260. Grievance machinery and voluntary arbitration. The parties to a Collective Bargaining Agreement shall include therein provisions that will ensure the mutual observance of its terms and conditions. They shall establish a machinery for the adjustment and resolution of grievances arising from the interpretation or implementation of their Collective Bargaining Agreement and those arising from the interpretation or enforcement of company personnel policies.
All grievances submitted to the grievance machinery which are not settled within seven (7) calendar days from the date of its submission shall automatically be referred to voluntary arbitration prescribed in the Collective Bargaining Agreement.
For this purpose, parties to a Collective Bargaining Agreement shall name and designate in advance a Voluntary Arbitrator or panel of Voluntary Arbitrators, or include in the agreement a procedure for the selection of such Voluntary Arbitrator or panel of Voluntary Arbitrators, preferably from the listing of qualified Voluntary Arbitrators duly accredited by the Board. In case the parties fail to select a Voluntary Arbitrator or panel of Voluntary Arbitrators, the Board shall designate the Voluntary Arbitrator or panel of Voluntary Arbitrators, as may be necessary, pursuant to the selection procedure agreed upon in the Collective Bargaining Agreement, which shall act with the same force and effect as if the Arbitrator or panel of Arbitrators has been selected by the parties as described above.
ETERNIT EMPLOYEES AND WORKERS UNION V. DE VEYRA (90)
X. Alternatives to Use of Economic Weapons – Conciliation and Arbitration as Modes of Labor Dispute Settlement 103
C. Process encouragement/promotion
Establishing machinery dispute settlement – collective bargaining agreement and time frame
Art. 260. Grievance machinery and voluntary arbitration. The parties to a Collective Bargaining Agreement shall include therein provisions that will ensure the mutual observance of its terms and conditions. They shall establish a machinery for the adjustment and resolution of grievances arising from the interpretation or implementation of their Collective Bargaining Agreement and those arising from the interpretation or enforcement of company personnel policies.
All grievances submitted to the grievance machinery which are not settled within seven (7) calendar days from the date of its submission shall automatically be referred to voluntary arbitration prescribed in the Collective Bargaining Agreement.
For this purpose, parties to a Collective Bargaining Agreement shall name and designate in advance a Voluntary Arbitrator or panel of Voluntary Arbitrators, or include in the agreement a procedure for the selection of such Voluntary Arbitrator or panel of Voluntary Arbitrators, preferably from the listing of qualified Voluntary Arbitrators duly accredited by the Board. In case the parties fail to select a Voluntary Arbitrator or panel of Voluntary Arbitrators, the Board shall designate the Voluntary Arbitrator or panel of Voluntary Arbitrators, as may be necessary, pursuant to the selection procedure agreed upon in the Collective Bargaining Agreement, which shall act with the same force and effect as if the Arbitrator or panel of Arbitrators has been selected by the parties as described above.
EO 251.
Sec. 4. Section 22 of Executive Order No. 126 is hereby amended to read as follows:
"Sec. 22. National Conciliation and Mediation Board. A National Conciliation and Mediation Board, herein referred to as the "Board", is hereby created and which shall absorb the conciliation mediation and voluntary arbitration functions of the Bureau of Labor of Relations in accordance with Section 29 (c) hereof. The Board shall be composed of an Administrator and two (2) Deputy Administrators. It shall be an attached agency under the administrative supervision of the Secretary of Labor and Employment.
The Administrators and the Deputy Administrators shall be appointed by the President upon recommendation of the Secretary of Labor and Employment. There shall be as many Conciliators-Mediators as the needs of the public service require, who shall have at least three (3) years of experience in handling labor relations and who shall be appointed by the Secretary.
The Board shall have its main office in Metropolitan Manila and its Administrators shall exercise supervision over Conciliators-Mediators and all its personnel. It shall establish as many branches as there are administrative regions in the country, with a many Conciliator-mediators as shall be necessary for its effective operation. Each branch of the Board shall be headed by an Executive Conciliator-Mediator.
The Board shall have the following functions:
(a) Formulate policies, programs, standards, procedures, manuals of operation and guidelines pertaining to effective mediation and conciliation of labor disputes;
(b) Perform preventive mediation and conciliation functions;
(c) 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;
(d) formulate policies, plans, programs, standards, procedures, manuals of operation and guidelines pertaining to the promotion of cooperative and non-adversarial schemes, grievance handling, voluntary arbitration and other voluntary modes of dispute settlements;
(e) Administer the voluntary arbitration program; maintain/update a list of voluntary arbitrations; compile arbitration awards and decisions;
(f) Provide counselling and preventive mediation assistance particularly in the administration of collective agreement; awards and decisions;
(g) Monitor and exercise technical supervision over the Board programs being implemented in the regional offices; and
(h) Perform such other functions as may be provided by law or assigned by the Secretary.
A Tripartite Voluntary Arbitration Advisory Council is hereby created and attached to the National Conciliation and Mediation Board. The Tripartite Voluntary Arbitration Advisory Council shall advise the National Conciliation Board on matters pertaining to the promotion of voluntary arbitration as the preferred mode of dispute settlement.
The Tripartite Voluntary Arbitration Advisory Council shall consist of the Administrator of the National Conciliation and Mediation Board as Chairman, one other member from the government, two members representing labor, and two other members representing management. The members shall be appointed by the
X. Alternatives to Use of Economic Weapons – Conciliation and Arbitration as Modes of Labor Dispute Settlement 104
President to serve for a term of three (3) years. The Chairman and Members thereof shall serve without compensation."
D. Arbitrable issues
Art. 261. Jurisdiction of Voluntary Arbitrators or panel of Voluntary Arbitrators. The Voluntary Arbitrator or panel of Voluntary Arbitrators shall have original and exclusive jurisdiction to hear and decide all unresolved grievances arising from the interpretation or implementation of the Collective Bargaining Agreement and those arising from the interpretation or enforcement of company personnel policies referred to in the immediately preceding article. Accordingly, violations of a Collective Bargaining Agreement, except those which are gross in character, shall no longer be treated as unfair labor practice and shall be resolved as grievances under the Collective Bargaining Agreement. For purposes of this article, gross violations of Collective Bargaining Agreement shall mean flagrant and/or malicious refusal to comply with the economic provisions of such agreement.
The Commission, its Regional Offices and the Regional Directors of the Department of Labor and Employment shall not entertain disputes, grievances or matters under the exclusive and original jurisdiction of the Voluntary Arbitrator or panel of Voluntary Arbitrators and shall immediately dispose and refer the same to the Grievance Machinery or Voluntary Arbitration provided in the Collective Bargaining Agreement.
Art. 262. Jurisdiction over other labor disputes. The Voluntary Arbitrator or panel of Voluntary Arbitrators, upon agreement of the parties, shall also hear and decide all other labor disputes including unfair labor practices and bargaining deadlocks.
Art. 217. Jurisdiction of the Labor Arbiters and the Commission.
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:
5. Cases arising from any violation of Article 264 of this Code, including questions involving the legality of strikes and lockouts; and
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)
SAN MIGUEL FOODS INC. V. SAN MIGUEL EMPLOYEES UNION (07)
E. Arbitrator
1. Selection
Art. 212. Definitions.
(n) "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.
Art. 260. Grievance machinery and voluntary arbitration. The parties to a Collective Bargaining Agreement shall include therein provisions that will ensure the mutual observance of its terms and conditions. They shall establish a machinery for the adjustment and resolution of grievances arising from the interpretation or implementation of their Collective Bargaining Agreement and those arising from the interpretation or enforcement of company personnel policies.
All grievances submitted to the grievance machinery which are not settled within seven (7) calendar days from the date of its submission shall automatically be referred to voluntary arbitration prescribed in the Collective Bargaining Agreement.
For this purpose, parties to a Collective Bargaining Agreement shall name and designate in advance a Voluntary Arbitrator or panel of Voluntary Arbitrators, or include in the agreement a procedure for the selection of such Voluntary Arbitrator or panel of Voluntary Arbitrators, preferably from the listing of qualified Voluntary Arbitrators duly accredited by the Board. In case the parties fail to select a Voluntary Arbitrator or panel of Voluntary Arbitrators, the Board shall designate the Voluntary Arbitrator or panel of Voluntary Arbitrators, as may be necessary, pursuant to the selection procedure agreed upon in the Collective Bargaining Agreement, which shall act with the same force and effect as if the Arbitrator or panel of Arbitrators has been selected by the parties as described above.
X. Alternatives to Use of Economic Weapons – Conciliation and Arbitration as Modes of Labor Dispute Settlement 105
IR (n) "Labor or Industrial Dispute" includes any controversy or matter concerning terms or conditions of employment or the association or representation of persons in negotiating the fixing, maintaining, changing or arranging of terms and conditions of employment regardless of whether or not the disputants stand in the proximate relationship of employers and employees.
MANILA CENTRAL LINE FREE WORKERS UNION V. MANILA CENTRAL CORP. (98)
2. Jurisdiction
Art. 261. Jurisdiction of Voluntary Arbitrators or panel of Voluntary Arbitrators. The Voluntary Arbitrator or panel of Voluntary Arbitrators shall have original and exclusive jurisdiction to hear and decide all unresolved grievances arising from the interpretation or implementation of the Collective Bargaining Agreement and those arising from the interpretation or enforcement of company personnel policies referred to in the immediately preceding article. Accordingly, violations of a Collective Bargaining Agreement, except those which are gross in character, shall no longer be treated as unfair labor practice and shall be resolved as grievances under the Collective Bargaining Agreement. For purposes of this article, gross violations of Collective Bargaining Agreement shall mean flagrant and/or malicious refusal to comply with the economic provisions of such agreement.
The Commission, its Regional Offices and the Regional Directors of the Department of Labor and Employment shall not entertain disputes, grievances or matters under the exclusive and original jurisdiction of the Voluntary Arbitrator or panel of Voluntary Arbitrators and shall immediately dispose and refer the same to the Grievance Machinery or Voluntary Arbitration provided in the Collective Bargaining Agreement.
Art. 262. Jurisdiction over other labor disputes. The Voluntary Arbitrator or panel of Voluntary Arbitrators, upon agreement of the parties, shall also hear and decide all other labor disputes including unfair labor practices and bargaining deadlocks.
LANTEX INDUSTRIES V. CA (07)
ARELLANO UNIVERSITY EMPLOYEES UNION V. CA (06)
DEL MONTE PHILS. INC. V. SALDIVAR (06)
SANYO PHILS. WORKERS UNION V. CANIZARES (92)
VIVERO V. CA (00)
SAN JOSE V. NLRC (98)
LUDO AND LUYM CORP. V. SAOMIDO (03)
APALISOK V. RADIO PHILS.. NETWORK RADIO STATION – DYKC (03)
X. Alternatives to Use of Economic Weapons – Conciliation and Arbitration as Modes of Labor Dispute Settlement 106
3. Procedure
Art. 262-A. Procedures. The Voluntary Arbitrator or panel of Voluntary Arbitrators shall have the power to hold hearings, receive evidences and take whatever action is necessary to resolve the issue or issues subject of the dispute, including efforts to effect a voluntary settlement between parties.
All parties to the dispute shall be entitled to attend the arbitration proceedings. The attendance of any third party or the exclusion of any witness from the proceedings shall be determined by the Voluntary Arbitrator or panel of Voluntary Arbitrators. Hearing may be adjourned for cause or upon agreement by the parties.
Unless the parties agree otherwise, it shall be mandatory for the Voluntary Arbitrator or panel of Voluntary Arbitrators to render an award or decision within twenty (20) calendar days from the date of submission of the dispute to voluntary arbitration.
The award or decision of the Voluntary Arbitrator or panel of Voluntary Arbitrators shall contain the facts and the law on which it is based. It shall be final and executory after ten (10) calendar days from receipt of the copy of the award or decision by the parties.
Upon motion of any interested party, the Voluntary Arbitrator or panel of Voluntary Arbitrators or the Labor Arbiter in the region where the movant resides, in case of the absence or incapacity of the Voluntary Arbitrator or panel of Voluntary Arbitrators, for any reason, may issue a writ of execution requiring either the sheriff of the Commission or regular courts or any public official whom the parties may designate in the submission agreement to execute the final decision, order or award.
4. Nature of office and function
Art. 260. Grievance machinery and voluntary arbitration. The parties to a Collective Bargaining Agreement shall include therein provisions that will ensure the mutual observance of its terms and conditions. They shall establish a machinery for the adjustment and resolution of grievances arising from the interpretation or implementation of their Collective Bargaining Agreement and those arising from the interpretation or enforcement of company personnel policies.
All grievances submitted to the grievance machinery which are not settled within seven (7) calendar days from the date of its submission shall automatically be referred to voluntary arbitration prescribed in the Collective Bargaining Agreement.
For this purpose, parties to a Collective Bargaining Agreement shall name and designate in advance a Voluntary Arbitrator or panel of Voluntary Arbitrators, or
include in the agreement a procedure for the selection of such Voluntary Arbitrator or panel of Voluntary Arbitrators, preferably from the listing of qualified Voluntary Arbitrators duly accredited by the Board. In case the parties fail to select a Voluntary Arbitrator or panel of Voluntary Arbitrators, the Board shall designate the Voluntary Arbitrator or panel of Voluntary Arbitrators, as may be necessary, pursuant to the selection procedure agreed upon in the Collective Bargaining Agreement, which shall act with the same force and effect as if the Arbitrator or panel of Arbitrators has been selected by the parties as described above.
Art. 212. Definitions. (n) "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.
LEYTE IV ELECTRIC COOPERATIVE, INC. V. LEYCO IV EMPLOYEES ASSOC. (07)
CONTINENTAL MARBLE CORP. V. NLRC (88)
LUZON DEVELOPMENT BANK V. ASSOC. OF LUZON DEV’T BANK EMPLOYEES (95)
NIPPON PAINT EMPLOYEES UNION V. CA (04)
UNITED KIMBERLY CLARK EMPLOYEES UNION V. KIMBERLY-CLARK PHILS. (06)
X. Alternatives to Use of Economic Weapons – Conciliation and Arbitration as Modes of Labor Dispute Settlement 107
5. Interpretation of agreement
LEPANTO CONSOLIDATED MINING CORP. V. LEPANTO LOCAL STAFF UNION (08)
6. Awards and orders
Art. 262-A. Procedures. The Voluntary Arbitrator or panel of Voluntary Arbitrators shall have the power to hold hearings, receive evidences and take whatever action is necessary to resolve the issue or issues subject of the dispute, including efforts to effect a voluntary settlement between parties.
All parties to the dispute shall be entitled to attend the arbitration proceedings. The attendance of any third party or the exclusion of any witness from the proceedings shall be determined by the Voluntary Arbitrator or panel of Voluntary Arbitrators. Hearing may be adjourned for cause or upon agreement by the parties.
Unless the parties agree otherwise, it shall be mandatory for the Voluntary Arbitrator or panel of Voluntary Arbitrators to render an award or decision within twenty (20) calendar days from the date of submission of the dispute to voluntary arbitration.
The award or decision of the Voluntary Arbitrator or panel of Voluntary Arbitrators shall contain the facts and the law on which it is based. It shall be final and executory after ten (10) calendar days from receipt of the copy of the award or decision by the parties.
Upon motion of any interested party, the Voluntary Arbitrator or panel of Voluntary Arbitrators or the Labor Arbiter in the region where the movant resides, in case of the absence or incapacity of the Voluntary Arbitrator or panel of Voluntary Arbitrators, for any reason, may issue a writ of execution requiring either the sheriff of the Commission or regular courts or any public official whom the parties may designate in the submission agreement to execute the final decision, order or award.
ETERNIT EMPLOYEES AND WORKERS UNION V. DE VEYRA (90)
DAVAO INTEGRATED V. ABARQUEZ (93)
CITY BANK EMPLOYEES UNION V. MOLE (80)
VOLKSCHEL LABOR UNION V. NLRC (81)
LUDO AND LUYM CORP. V. SAOMIDO (03)
UNITED KIMBERLY-CLARK EMPLOYEES UNION V. KIMBERLY-CLARK PHILS. INC. (06)
EQUITABLE PCI BANKING CORP. V. RCBC CAPITAL CORP. (04)
7. Finality and execution of awards
Art. 262. Jurisdiction over other labor disputes. The Voluntary Arbitrator or panel of Voluntary Arbitrators, upon agreement of the parties, shall also hear and decide all other labor disputes including unfair labor practices and bargaining deadlocks.
MORA V. AVESCO MARKETING CORP. (08)
X. Alternatives to Use of Economic Weapons – Conciliation and Arbitration as Modes of Labor Dispute Settlement 108
INDOPHIL TEXTILE MILLS V. CALICA (92)
PLDT V. MONTEMAYOR (90)
IMPERIAL TEXTILE MILLS, INC. V. SAMPONG (93)
COCA-COLA V. COCA-COLA (05)
AMA COMPUTER COLLEGE, ETC. V. NACINO (08)
8. Appeal
RULE 43
APPEALS FROM THE COURT OF TAX APPEALS AND QUASI-JUDICIAL AGENCIES TO THE COURT OF APPEALS
Section 1. Scope. This Rule shall apply to appeals from judgments or final orders of the Court of Tax Appeals and from awards, judgments, final orders or resolutions of or authorized by any quasi-judicial agency in the exercise of its quasi-judicial functions. Among these agencies are the Civil Service Commission, Central Board of Assessment Appeals, Securities and Exchange Commission, Office of the President, Land Registration Authority, Social Security Commission, Civil Aeronautics Board, Bureau of Patents, Trademarks and Technology Transfer, National Electrification
Administration, Energy Regulatory Board, National Telecommunications Commission, Department of Agrarian Reform under Republic Act No. 6657, Government Service Insurance System, Employees Compensation Commission, Agricultural Inventions Board, Insurance Commission, Philippine Atomic Energy Commission, Board of Investments, Construction Industry Arbitration Commission, and voluntary arbitrators authorized by law.
Sec. 2. Cases not covered. This Rule shall not apply to judgments or final orders issued under the Labor Code of the Philippines.
Sec. 3. Where to appeal. An appeal under this Rule may be taken to the Court of Appeals within the period and in the manner herein provided, whether the appeal involves questions of fact, of law, or mixed questions of fact and law.
Sec. 4. Period of appeal. The appeal shall be taken within fifteen (15) days from notice of the award, judgment, final order or resolution, or from the date of its last publication, if publication is required by law for its effectivity, or of the denial of petitioner’s motion for new trial or reconsideration duly filed in accordance with the governing law of the court or agency a quo. Only one (1) motion for reconsideration shall be allowed. Upon proper motion and the payment of the full amount of the docket fee before the expiration of the reglementary period, the Court of Appeals may grant an additional period of fifteen (15) days only within which to file the petition for review. No further extension shall be granted except for the most compelling reason and in no case to exceed fifteen (15) days.
Sec. 5. How appeal taken. Appeal shall be taken by filing a verified petition for review in seven (7) legible copies with the Court of Appeals, with proof of service of a copy thereof on the adverse party and on the court or agency a quo. The original copy of the petition intended for the Court of Appeals shall be indicated as such by the petitioner.
Upon the filing of the petition, the petitioner shall pay to the clerk of court of the Court of Appeals the docketing and other lawful fees and deposit the sum of P500.00 for costs. Exemption from payment of docketing and other lawful fees and the deposit for costs may be granted by the Court of Appeals upon a verified motion setting forth valid grounds therefor. If the Court of Appeals denies the motion, the petitioner shall pay the docketing and other lawful fees and deposit for costs within fifteen (15) days from notice of the denial.
Sec. 6. Contents of the petition. The petition for review shall (a) state the full names of the parties to the case, without impleading the court or agencies either as petitioners or respondents; (b) contain a concise statement of the facts and issues involved and the grounds relied upon for the review; (c) be accompanied by a clearly
X. Alternatives to Use of Economic Weapons – Conciliation and Arbitration as Modes of Labor Dispute Settlement 109
legible duplicate original or a certified true copy of the award, judgment, final order or resolution appealed from, together with certified true copies of such material portions of the record referred to therein and other supporting papers; and (d) contain a sworn certification against forum shopping as provided in the last paragraph of section 2, Rule 42. The petition shall state the specific material dates showing that it was filed within the period fixed herein.
Sec. 7. Effect of failure to comply with requirements. The failure of the petitioner to comply with any of the foregoing requirements regarding the payment of the docket and other lawful fees, the deposit for costs, proof of service of the petition, and the contents of and the documents which should accompany the petition shall be sufficient ground for the dismissal thereof.
Sec. 8. Action on the petition. The Court of Appeals may require the respondent to file a comment on the petition, not a motion to dismiss, within ten (10) days from notice, or dismiss the petition if it finds the same to be patently without merit, prosecuted manifestly for delay, or that the questions raised therein are too unsubstantial to require consideration.
Sec. 9. Contents of comment. The comment shall be filed within ten (10) days from notice in seven (7) legible copies and accompanied by clearly legible certified true copies of such material portions of the record referred to therein together with other supporting papers. The comment shall (a) point out insufficiencies or inaccuracies in petitioner’s statement of facts and issues; and (b) state the reasons why the petition should be denied or dismissed. A copy thereof shall be served on the petitioner, and proof of such service shall be filed with the Court of Appeals.
Sec. 10. Due course. If upon the filing of the comment or such other pleadings or documents as may be required or allowed by the Court of Appeals or upon the expiration of the period for the filing thereof, and on the basis of the petition or the records the Court of Appeals finds prima facie that the court or agency concerned has committed errors of fact or law that would warrant reversal or modification of the award, judgment, final order or resolution sought to be reviewed, it may give due course to the petition; otherwise, it shall dismiss the same. The findings of fact of the court or agency concerned, when supported by substantial evidence, shall be binding on the Court of Appeals.
Sec. 11. Transmittal of record. Within fifteen (15) days from notice that the petition has been given due course, the Court of Appeals may require the court or agency concerned to transmit the original or a legible certified true copy of the entire record of the proceeding under review. The record to be transmitted may be abridged by agreement of all parties to the proceeding. The Court of Appeals may require or permit subsequent correction of or addition to the record.
Sec. 12. Effect of appeal. The appeal shall not stay the award, judgment, final order or resolution sought to be reviewed unless the Court of Appeals shall direct otherwise upon such terms as it may deem just.
Sec. 13. Submission for decision. If the petition is given due course, the Court of Appeals may set the case for oral argument or require the parties to submit memoranda within a period of fifteen (15) days from notice. The case shall be deemed submitted for decision upon the filing of the last pleading or memorandum required by these Rules or by the Court of Appeals.
SAMAHAN V. BACUNGAN (09)
LUZON DEV’T BANK V. ASSOC. OF LUZON DEVELOPMENT BANK EMPLOYEES (95)
UNICRAFT INDUSTRIES INTERNATIONAL CORP. V. CA (01)
9. Costs
Art. 262-B. Cost of voluntary arbitration and Voluntary Arbitrator’s fee. The parties to a Collective Bargaining Agreement shall provide therein a proportionate sharing scheme on the cost of voluntary arbitration including the Voluntary Arbitrator’s fee. The fixing of fee of Voluntary Arbitrators, whether shouldered wholly by the parties or subsidized by the Special Voluntary Arbitration Fund, shall take into account the following factors:
a. Nature of the case;
b. Time consumed in hearing the case;
c. Professional standing of the Voluntary Arbitrator;
d. Capacity to pay of the parties; and
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e. Fees provided for in the Revised Rules of Court.