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LABOR ORANIZATION Prepared by: Ruby C. Opina Jason O. Manaois
RIGHT TO SELF-ORGANIZATIONBasic PrinciplesART. 243. COVERAGE AND EMPLOYEES’ RIGHT TO SELF-ORGANIZATON.ART. 246. NON-ABRIDGMENT OF RIGHT TO SELF-ORGANIZATION.
COVERAGE:- all persons employed incommercial, industrial & agriculturalenterprises & in religious, charitable,medical or educational institution- ambulant, intermittent & itinerantworkers, self-employed, ruralworkers & those w/0 definiteemployers- also employees of governmentowned or controlled corps.
Where to file:• Regional Office where the applicant principally operates• by the Labor Relations Divisions• should comply the requirements for application independent labor union federations and national unions workers’ association
Who may file: -- any party-in-interest, except in actions involving violations of Article 241 (rights & conditions of membership).Where to file: -- Regional Director for ind. labor union, chartered local & workers’ association -- Bureau of Director for federations, national or industry union & trade union centers
However:-only legitimate or registered laborunions-workers’ association = can representtheir members for purposes other thancollective bargaining-supervisory employees shall not beeligible to be with labor union of theR&F- managerial employees are noteligible to join, assist or form
alien employees --- with valid working permits --- nationals of a country w/c grants the same rights to Filipino workers (DFA) Thus, any employee, whether employed for a definite period or not, shall beginning on the first day of his/her service, be eligible for membership in any labor organization.
RIGHT TO SELF-ORGANIZATIONUnion Membership and RegistrationART. 234. REQUIREMENTS OF REGISTRATION.ART. 235. ACTION ON APPLICATION.ART. 236. DENIAL OF REGISTRATION; APPEAL.
RIGHT TO SELF-ORGANIZATIONUnion Membership and RegistrationART. 237. ADDITIONAL REQUIREMENTS FOR FEDERATIONS OR NATIONAL UNIONS.ART. 245. INELIGIBILITY OF MANAGERIAL EMPLOYEES TO JOIN ANY LABOR ORGANIZATION; RIGHT OF SUPERVISORY EMPLOYEES.
Union Registration PROCESS Pass REQUIREMENTS ACTION ON APPLICATION. APPROVED Or DENIED APPEAL If Approved ADDITIONAL REQUIREMENTS REGISTREREDNote: CANCELATION OF REGISTRATION
Grounds for Cancellation: • misrepresentation (ratification, election) • failure to submit documents (ratification, financial statements) • acting as labor contractor or engaging in “cabo” system • entering in CBA w/c provide for terms & conditions of employment below minimum standards
Grounds for Cancellation: •commission of any of the acts enumerated under Article 241 of the labor code • attorney’s or negotiation fees from the employer • failure to submit list of individual members to the bureau • failure to comply with the requirements of registration prescribed under Rules III and IV
fees/ fine full and detailed reports of allfinancial transactions election of officers by the members;no qualification requirement; thesecretary or any responsible unionofficer shall furnish the Secretary ofLabor & Employment w/ a list of thenewly-elected officers who areentrusted w/ the handling of funds
question of major policy affecting the entire membership of the org.who belong to a subversive orwho is engaged directly or indirectly inany subversive activity convicted of a crime involving moralturpitude ǂ union officer/in any positionin the union collection and disbursement of fees ormoney payment or fees should be recordedproperly
funds of the org. shall not be used otherthan those provided by their laws Every income revenue and expenditureshould be properly recorded & reported No other or additional compensation to begiven to the officers of the org. proper recording and accounting of thetreasurer or any officer responsible of theaccount of the org. books of accounts & other records offinancial activities should always be open
No special assessment or otherextraordinary fees maybe levied upon themembers; the secretary shall record theminutes of the meeting… No amount be checked of from anyamount due to an employee w/o anyindividual written authorization The duty of any labor orgs. & its officersto inform its members on the provisions ofits constitutions & by-laws, CBA, theprevailing labor relations system & all theirrights & obligations under existing laborlaws
RIGHTS TO LEGITIMATE LABOR ORGANIZATIONART. 242. RIGHTS TO LEGITIMATE LABOR ORGANIZATION.
RIGHTS TO LEGITIMATE LABOR ORGANIZATIONExclusive Bargaining AgentART. 256. REPRESENTATION ISSUE IN ORGANIZED ESTABLISHMENTS.ART. 257. PETITION IN UNORGANIZED ESTABLISHMENTS.ART. 258. WHEN EMPLOYER MAY FILE PETITION.ART. 259. APPEAL FROM CERTIFICATION ELECTION ORDERS.
RIGHTS TO LEGITIMATE LABOR ORGANIZATIONDuty to Bargain CollectivelyART. 250. PROCEDURE IN COLLECTIVE BARGENING.ART. 252. MEANING OF DUTY TO BARGAIN COLLECTIVELY.ART. 251. DUTY TO BARGAIN COLLECTIVELY IN THE ABSENCE OF COLLECTIVE BARGAINING AGREEMENT.
RIGHTS TO LEGITIMATE LABOR ORGANIZATIONDuty to Bargain CollectivelyART. 253. DUTY TO BARGAIN COLLECTIVELY WHEN THERE EXISTS A COLLECTIVE BARGAINING AGREEMENT.ART. 253-A. TERMS OF A COLLECTIVE BARGAINING AGREEMENT.
STAGES OF THE COLLECTIVE BARGAINING PROCESS Stage 3. CONTRACT ADMINISTRATION Stage 2. BARGAINING PROPERStage 1.ORGANIZATION REPRESENTATION
RIGHTS TO LEGITIMATE LABOR ORGANIZATIONRight to policy and decision making process.ART. 255. EXCLUSIVE BAGAINING REPRESENTATION AND WORKERS PARTICPATION IN POLICY AND DECISION-MAKING.
RIGHTS TO LEGITIMATE LABOR ORGANIZATIONRight to engage in peaceful concerted activities.ART. 263. STRIKES, PECKETING, AND LOCKOUTS.ART. 264. PROHIBITED ACTIVITIES.ART. 265. IMPROVED OFFER BALLOTING.ART. 266. REQUIRMENTS FOR ARREST AND DETENTION.ART. 254. INJUCTION PROHIBITED.
RIGHTS TO LEGITIMATE LABOR ORGANIZATIONUnfair Labor Practice.ART. 247. CONCEPT OF UNFAIR LABOR PRACTICE AND PROCEDURE FOR PROSECUTION THEREOF.ART. 248. UNFAIR LABOR PRACTICES OF EMPLOYERS.ART. 249. UNFAIR LABOR PRACTICES OF LABOR ORGANIZATIONS.
representative for the purpose of CBA certified as exclusive representativeto be furnished w/ annual audited financialstatements and the profit & loss statement to own property, real or personal for theuse and benefit of the labor org. and itsmembers to sue and be sued in its registered name to undertake all other activities designedto benefit the org. & its members
Free from taxes, duties and otherassessments -- received from fraternal and similar organizations, local or foreign -- directly and exclusively used for their lawful purposes
Rule XVI: Sec 1. Policy-It is the policy of the Stateto promote and emphasize theprimacy of free and responsibleexercise of the right to self-organization and collectivebargaining, either throughsingle enterprise levelnegotiations or through thecreation of a mechanism bywhich different employers andrecognized or certified laborunions in their establishmentsbargain collectively.
When Single Enterprise Bargaining Available Procedure: shall submit intentions in writing proposals for CB name their respective representatives to the negotiation meetings agree on wages, benefits & other terms & conditions of work for all employees covered in the bargaining unit.
When Multiple-employer bargaining available only incumbent bargaining agents only employers w/ counterpart legitimate labor unions who are incumbent bargaining agents only legitimate labor unions who pertain to employer units who consent to multi-employer bargaining Procedure: may be initiated by the labor union or by the employers
POSTING & REGISTRATION of CBA:--- at least 5 days in twoconspicuous areas in workplaces ofthe employer unit concerned--- said CBA shall affect ONLY thoseemployees in the bargaining units whohave RATIFIED it.--- the CBA shall be registered withthe Department in accordance with thefollowing rule…
Registration of CBA• w/in 30 days from executionof CBA•Submit two duly signed copiesof the agreement to theRegional Office ; for Multi-employer CBA it shall be filedwith the Bureau• shall accomplish all thenecessary requirements andpayments needed.
Terms of CBA term of 5 years Petitions: > 60-day period before the expiry of such 5 year termof the CBA Renegotiations: > not later than 3 years after its execution > the re-negotiated CBA shall be ratified still and registered with the same Regional Office > the same procedure and requirements