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Part 5 LynNotes

Inter and Intra-Union Dispute (DO-40-03):


Petition for Registration (and Deregistration) of CBA
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Within 30 days, copies of their CBAs are to be submitted to the Regional


Director for registration
Registration not a requisite for validity; only necessary for the Contract
Bar Rule to apply: while a valid and registered CBA is subsisting, the
Bureau is not allowed to hold an election contesting the majority status of
the incumbent union (representation aspect of the CBA). The election is
legally allowed, only during the freedom period which refers to the last
60 days of the 5th year of the CBA, thus, it is non-renewable before the 60day freedom period
If denied, appeal to the Bureau within 10 calendar days
However, when what is involved is a multi-employer bargaining, the
original jurisdiction is with the Bureau of Labor Relations, appealable to
the Secretary of Labor within 10 calendar days

LAGING TANDAAN: DILI PWEDE MU-APPEAL TO THE SECRETARY OF LABOR IF


THE CASE IS FROM THE BUREAU OF LABOR RELATIONS EXERCISING ITS
APPELLATE JURISDICTION. MAO PA NIMU PWEDE MA-APPEAL DIDTO SA
S.O.L IF ANG KASO IF FROM THE B.L.R EXERCISING ITS ORIGINAL
JURISDICTION! G?! NO ROOM FOR ERROR! CHAROROT!

CBA Negotiation (EmployerIndependent Unions or Federation)


How to Choose?
a. Voluntary- if there is only one existing union\
b. Certified as the exclusive- if there are many unions, they will
choose a certified exclusive bargaining representative within the
bargaining unit
c. Consent
Exceptions to the Contract Bar Rule:
1. Organizations only seeking for recognition
2. Unions not duly registered
3. Incomplete, that is, it does not provide for an economic benefit
4. Hastily entered into prior to the 60-day period
5. Those unions that no longer foster peace and stability

Labor Organization
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Any union or association of employees in the private sector which exists in


whole or in part for the purpose of collective bargaining, mutual aid,
interest, cooperation, protection or other lawful purposes.
Must be registered and certified to engage in a collective bargaining
negotiation
Not necessarily illegitimate if not registered, it is still lawful, but it wont
have a legal personality to demand collective bargaining with the
employer
Question: Is registration a limitation to the right to association or right to
assemble?
Answer: No. It is merely a condition sine qua non for the acquisition of
legal personality to bargain collectively with the employer. (it is a mere
statutory creation)
Question: How about a labor organization nga incorporated?

Answer: Not a form of registration. Registration to SEC is not registration


under the Labor Code. It only gives the labor organization the juridical
personality with the regular courts, and not to bargain collectively with the
employer.
Workers Association
-

An association of workers organized for the mutual aid and protection of


its members or for any legitimate purpose other than collective
bargaining.

LABOR ORGANIZATIONS:
1. Independent Union
- Legal personality is acquired through independent registration (please see
transcription for more details)
- Registration must be accompanied by the following documents:
1. Name of the applicant labor union, its principal address, the names of
its officers and their respective addresses, approximate number of
employees in the bargaining unit where it seeks to operate, with a
statement that it is not reported as a chartered local of any federation
or national union
2. The minutes of the organizational meetings and the list of employees
who participated in the said meeting
3. The names of all its members comprising at least 20% of the
employees in the bargaining unit
4. The annual financial reports if the applicant has been in existence for
one or more years, unless it has not collected any amount from its
members, in which a statement to this effect shall be included in the
application
5. The applicants constitution and by-laws, minutes of its adoption or
ratification, and the list of its members who participated in it. The list
of ratifying members shall be dispensed with where the constitution
and by-laws was ratified or adopted during the organizational meeting.
In such a case, the factual circumstances of the ratification shall be
recorded in the minutes of the organizational meeting(s).
2. Chartered Local or Local Chapter
- Upon being issued a charter certificate, a chapter acquires legal
personality, but only for purposes of filing a petition for a certification
election
- Legal personality acquired from the date it was issued a charter certificate
- The genuineness and due execution of all supporting requirements shall
be certified under oath by the secretary or the treasurer of the local or
chapter and attested by its president. This requirement is mandatory,
otherwise, it does not become a legitimate labor organization.
3. National union or Federation
- Any labor organization with at least 10 locals or chapters or affiliates each
of which must be duly certified or recognized collective bargaining agent.
- The application for registration of federations and national unions shall be
accompanied by the following documents:
1. a statement indicating the name of the applicant labor union, its principal
address, the name of its officers and their respective addresses;
2. the minutes of the organizational meeting(s) and the list of employees who
participated in the said meeting(s);
3. the annual financial reports if the applicant union has been in existence for
one or more years, unless it has not collected any amount from the members,
in which case a statement to this effect shall be included in the application;

4.

the applicant union's constitution and by-laws, minutes of its adoption or


ratification, and the list of the members who participated in it. The list of
ratifying members shall be dispensed with where the constitution and by-laws
was ratified or adopted during the organizational meeting(s). In such a case,
the factual circumstances of the ratification shall be recorded in the minutes
of the organizational meeting(s);
5. he resolution of affiliation of at least ten (10) legitimate labor organizations,
whether independent unions or chartered locals, each of which must be a
duly certified or recognized bargaining agent in the establishment where it
seeks to operate; and
6. the name and addresses of the companies where the affiliates operate and
the list of all the members in each company involved.
Labor organizations operating within an identified industry may also apply for
registration as a
federation or national union within the specified industry by submitting to the
Bureau the same set of documents.
4. Trade Union Center
- Cannot create a local chapter

Grounds for Denial of Registration:


a. Falsification of documents
b. Non-compliance or failure to complete registration
Legal personality can be questioned through an independent
petition for cancellation of union registration and not by way of
collateral attack

Affiliation
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An affiliate is an independently registered union that enters into an


agreement of affiliation with a federation or a national union. It also refers
to a chartered local which applies for and is granted an independent
registration but does not disaffiliate from its mother or national union.
Agency: local union is the principal, the federation is the agent

DO 40-03, Rule 3:
Section 6. Report of Affiliation with federations or national unions; Where
to file. - The report of affiliation of an independently registered labor union with a
federation or national union shall be filed with the Regional Office that issued its
certificate of registration.
Section 7. Requirements of affiliation. - The report of affiliation of
independently registered labor
unions with a federation or national union shall be accompanied by the following
documents:
(a) resolution of the labor union's board of directors approving the
affiliation;
(b) minutes of the general membership meeting approving the affiliation;
(c) the total number of members comprising the labor union and the
names of members who approved the affiliation;
(d) the certificate of affiliation issued by the federation in favor of the
independently registered labor union; and
(e) written notice to the employer concerned if the affiliating union is the
incumbent bargaining agent.