LABOR ORGANIZATION

THE FORMATION OF LABOR

ORGANIZATIONS
Natural human right to self-organization
Serious advantage of the employer: Profile and structure of the
labor market, difference in economic status, knowledge and
skills and other condition.
To offset the social and economic imbalance that an individual
und undergoes when bargaining with his employer, the
formation of trade unions was conceived. Professor Watkins

WHY WORKERS UNIONIZE

Individual bargaining does not bring satisfactory results

regarding terms and conditions of work, thus, they are
constrained to form union for collective action to force
employers to grant satisfactory terms and conditions
Inhuman working conditions force men to organize
Instability of economic system, which results in seasonal or
periodic layoff, leads men to seek protection from intermittent
unemployment. Unions may guarantee job security by
compelling employers to layoff and rehire only on the basis of
seniority

WHY WORKERS UNIONIZE

Workers desire to participate in decision-making which affects

them. This is clearly provided in the collective bargaining
clause of the Labor Code
Thru federal labor union, the workers increase their bargaining
power not only with the employers but also with the policymakers. Many governmental policies are influenced by unions
acting as a pressure groups.

WHAT IS A LABOR UNION?

According to the labor code, it is any association or

aggrupation 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.
The labor union contemplated in the area of labor relations is
legitimate, that is, duly registered with the Department of
Labor and Employment and includes any branch, local or
affiliate, thereof.

STRUCTURAL TYPES OF LABOR

ORGANIZATION
Craft Union
Organization of employees engaged in a single occupation or in a
group of closely related occupations based upon a skill or specially in
the performance of one task or a number of closely related crafts.

Craft Union
Membership is without regard to craft, industry, or profession.

Industrial Union
Organized on the basis of skills or specialties in a given industry and
without regard to craft or occupation.

FUNCTIONAL FORMS OF LABOR

ORGANIZATION
1. Conservative Unionism
Conservative unionists are after more terms and conditions of work,
such as shorter working hours, higher wages, better working
conditions.
Attempts on the part of the employee to wield violent action is
discouraged.

2. Welfare Unionism
This is a form of conservative but idealistic unionism.
The welfare unionists seek to promote the working world through
legislations enacted upon the instances or initiative.

FUNCTIONAL FORMS OF LABOR

ORGANIZATION
1. Revolutionary Unionism
This group is the radical type.
It seeks to overthrow the existing economic order of capitalism.
Thee varieties: Socialistic, Quasi-anarchistic, and communistic

2. Predatory Unionism
This kind of unionism has no definite, well defined plans or goals.
A notorious type of union which preys upon employers and
consumers, through methods, such as dynamiting, graft, extortion,
racketeering operations, and the like.

REGISTRATION OF A LABOR UNION

Registration will entitle a labor group with rights and privileges

granted by law upon the issuance of the certificate of
registration.
Registration will protect both labor and the public against abuse,
fraud or impostors who pose as organize.
Upon registration, the legitimate labor organization acquires
legal personality as well as the rights and privileges to it by law:
Right of representation; Right to be certified as the exclusive
bargaining agency with in the premises; Right to acquire and dispose
property, real or personal, pursuant to the purposes embodied in its
constitution and by-laws; Right to sue and to be sued; Right to
engage in activities which would redound to the welfare and benefit of
the members of the union.

RIGHT AND CONDITIONS OF

MEMBERSHIP
Excessive union dues or union fees prohibited
Penalties must not be arbitrary, excessive, or oppressive.
Acquisition of membership
Right of a member within a labor union
Qualifications for an elective position
Officers of the Union
Union Funds

WHO CAN FORM A LABOR UNION?

All persons employed in commercial, industrial and agricultural

enterprises and in religious, charitable, medical, or educational
institutions whether operating for profit or not.
Section 8, Article 3 of the 1987 Philippine Constitution
The right of the people, including those employed in the
public and private sectors, to form unions, associations,
or societies for purposes not contrary to law shall not be
abridged.

GOVERNMENT PROTECTION
AND REGULATION

CONCEPT OF UNFAIR LABOR

PRACTICE
Unfair labor practice is an act which violates the right to selforganization, which includes the right: (1) to form a union, (2)
to take part in its formation, (3) to join a union, (4) to collective
bargaining, and (5) to engage in concerted activities for mutual
help and protection.
The Code provides two kinds of labor practice: (1) employer
unfair labor practice and (2) union unfair labor practice

INTEFERENCE

Interference is used to embrace both restraint and coercion. It

may be direct, as when an employer requires an employee to
sign a contract not to join a union (yellow-dog contract).

RESTRAINT AND COERCION

These may be economic, physical, or psychological.

Economic coercion may be exerted through a wage increase,
particularly prior to election; granting bonuses to strikers who
return to work while withholding it from those continuing to
strike; promising permanent employment rather than layoffs,
promotions, and vacations with pay; evictions from the
company houses.
Other forms of coercion include isolating a union president to
inhibit his activities, preventing union meetings, attempting to
induce employees to resign from a union, and assisting
employees in resigning from the union.

YELLOW-DOG CONTRACT

One of the unfair labor practices committed by an employer

against an applicant is to require as a condition of employment
that
1. He is not a member of a union
2. If a member, he will resign
3. He will not join a labor union

DOMINATION OF A LABOR UNION

The labor codes provides that it shall be unfair labor practice

for an employer 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 officers.
This is designed to protect the right of the employees to
bargain collectively through representatives of their own
choosing by prohibiting any form of interference with the
formation or administration of a labor union.

DISCRIMINATION BY EMPLOYER

The provision on discrimination was enacted purposely to

ensure that union and non-union workers will be accorded fair
and equal treatment by employers.

REFUSAL TO BARGAIN

It is unfair labor practice for an employer to violate the duty to

bargain collectively.
The duty to bargain collectively is the process of negotiation
between the management and the freely designated
representative of the majority of employees in whom is vested
the combined bargaining power of the employee unit.

WHAT IS COLLECTIVE BARGAINING?

The Labor Code defines to bargain collectively as the

performance of a mutual obligation to meet and confer
promptly and expeditiously and 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 agreement if requested by either party but such duty
does not compel any party to agree to a proposal or to make
any concession.

CONTENTS OF COLLECTIVE
BARGAINING
Preamble
Union Recognition
Management Prerogatives
Union Prerogatives
Scale of Wages
Promotions pursuant to scale of salaries
Leaves of Absence
Union Security Clauses
Grievance Procedure
Check-off
Family Planning
Labor Education
Effectivity Clause
Interpretation Clause
Other Stipulations

WHAT IS A CERTIFICATION OF
ELECTION?
When there is no existing Collective Bargaining Agreement and
where there is doubt as to whom the employees have chosen
as their representative for the purpose of collective bargaining,
a petition for certification of election may be filed with the
Regional Office which has jurisdiction over the employer.
The petition shall be in writing and under oath. Where two or
more regional offices have jurisdiction over the petition shall
exclude the other. If the petition covers an industry group or
subindustry group, the petition shall be filed with the Bureau.