Question & AnswerQ&A (DOLE DEPARTMENT ORDER NO. 40-03)
An 'Affiliate' refers to an independent union affiliated with a federation, national union, or a chartered local which was subsequently granted independent registration but did not disaffiliate from its federation, and reported to the Regional Office and the Bureau in accordance with the rules.
An 'Employee' is any person working for an employer, including those whose work has ceased due to a labor dispute or unfair labor practice, or those dismissed but contesting the legality of dismissal in appropriate forums.
It is a legitimate labor union duly recognized or certified as the sole and exclusive bargaining representative or agent of all employees in a bargaining unit.
The independent labor union must have a membership of at least 20% of the employees in the bargaining unit where it seeks to operate.
Grounds include misrepresentation or fraud in constitution/by-laws ratification, failure to submit required documents, fraud in election of officers, failure to submit annual financial reports, unlawful activities like labor contracting, entering in CBAs below legal standards, violations of Article 241, unauthorized collection of fees, and non-compliance with registration requirements.
In unorganized establishments with only one legitimate labor organization, the employer may voluntarily recognize the union's representation status and must, within 30 days, submit a notice of voluntary recognition with the Regional Office along with required documents including a joint statement under oath and proof of posting.
A petition cannot be filed if a voluntary recognition or valid election occurred within one year, if negotiations have commenced with a certified union within one year, if there's a bargaining deadlock under conciliation/arbitration or strike/lockout notice, or during the effectivity of a registered collective bargaining agreement except within 60 days before its expiry.
In an organized establishment, at least 25% of all employees in the bargaining unit must sign the petition for certification election at the time of filing.
The fixed period is five (5) years unless a shorter period is stipulated in the organization's constitution and by-laws.
It is a secret ballot referendum involving union members on the employer's improved offer made on or before the 30th day of a strike to determine if the strike should end.