Law Summary
Coverage and Policy on Right to Self-Organization
- Promotion of free and responsible right to self-organization.
- Legitimate labor unions exclusively represent members in collective bargaining.
- Workers' associations can represent members except for collective bargaining.
- Eligibility includes employees across sectors and government-controlled corporations without original charters.
- Supervisory employees may form their own unions; managerial employees cannot join unions.
- Alien employees with reciprocal rights may join unions under conditions.
- Other worker groups may form associations for mutual aid.
Registration of Labor Organizations
- Applications filed at the Regional Office where the organization operates or Bureau for multi-region operations.
- Requirements include union constitution, by-laws, financial reports, lists of members, officers, and minutes of meetings.
- Changes in name, affiliations, mergers, and consolidations require filing notices with supporting documents.
- Certificates of registration bear registration numbers indicating status and history.
Common Provisions on Registration
- All registration documents must be certified and attested under oath.
- Registration fees required to receive certificates.
- Offices must act within 10 days to approve or deny registrations.
- Denials must state reasons and are appealable within 10 days.
- Registration grants legal personality with effects continuing despite name changes or mergers.
Reporting Requirements for Labor Organizations
- Submit amendments to constitution/by-laws, annual financial reports, updated officers and membership lists annually.
- Federations or national unions submit lists of affiliates and collective bargaining agreements.
Determination of Representation Status
- Promotes free trade unionism with expeditious procedures.
- Exclusive bargaining agent determined via voluntary recognition or certification, run-off, consent election.
Voluntary Recognition
- Employer may recognize sole union in unorganized establishments.
- Notice of voluntary recognition filed within 30 days with supporting documentation.
- Recorded recognition bars other certification petitions for one year unless a CBA is executed.
Certification Election - Procedures and Rules
- Any legitimate union or employer may file petitions.
- Filed with Regional Office; Med-Arbiter conducts hearing.
- Petition filing barred during existing CBAs or within one year of voluntary recognition.
- Supporting documents and minimum employee support required.
- Hearings and conferences determine bargaining units, contending unions, and bars.
- Consent elections may be agreed upon; otherwise formal election ordered.
- Decisions issued within 10 days; orders subject to appeal.
Conduct of Certification Elections
- Election Officers assigned by raffle.
- Pre-election conference sets election mechanics, voter lists, polling places, ballot preparation.
- Proper posting of notices required.
- Secret ballots ensure sanctity and voter eligibility.
- Challenges to voters allowed and handled via sealed envelopes.
- Counting and canvassing observed by parties; results certified if no valid protests.
- Failure of election declared under specified conditions with provisions for re-election.
Run-Off Elections
- Held when no union gains majority in elections with 3 or more choices.
- Only top two unions contest; "No Union" option excluded.
Inter/ Intra-Union Disputes and Related Labor Relations Disputes
- Covers cancellation of registrations, elections, audit of accounts, CBA deregistration, voluntary recognition validity, membership disputes.
- Also covers disputes between labor unions and employers or other entities.
- Complaints must be in writing, verified, and filed with proper offices.
- Procedures include raffle, preliminary conferences, hearings, decisions within prescribed periods.
- Appeal mechanisms provided.
Election of Officers of Labor Unions and Workers Associations
- Composition and duties of election committees specified.
- Where constitutional provisions lacking, Department may order elections.
- Petition for election conducted with similar formalities as dispute cases.
Administration of Trade Union Funds and Audits
- Incumbent bargaining agents entitled to collect dues even during disputes.
- Audit Examiner authorized to inspect labor organization financials upon complaint or request.
- Procedures for audit, including pre-audit conference, subpoena issuance, audit examination defined.
- Audit reports submitted within specified periods, with decisions and appeals mechanisms.
- Restrictions on audits near union officer elections to prevent interference.
Cancellation of Registration of Labor Organizations
- Petition for cancellation may be filed by any party-in-interest.
- Grounds include fraud in constitution/by-laws, failure to submit required documents, illegal activities, violations of law, failure to submit financial reports, misappropriation.
- Procedures follow rules with right of appeal.
Administrative Cancellation for Non-Compliance with Reporting
- Applied after five years of no submission of required reports despite notices.
- Bureau may publish notice and verify existence before cancellation.
- Ensures procedural compliance and opportunity to respond.
Collective Bargaining Provisions
- Encourages free and responsible collective bargaining.
- Disclosure of financial information for negotiations to ensure meaningful discussions.
- Single enterprise bargaining available to recognized unions.
- Multi-employer bargaining allowed under conditions of consent and written agreements.
- Collective bargaining agreements posted and registered.
Registration of Collective Bargaining Agreements
- Filed with the Regional or Bureau Office within 30 days.
- Requirements include signed agreement, posting statements, ratification statements.
- Fee payment required.
- Offices act within 5 days to approve or deny; denial appealable.
- Representation status valid for five years; petitions outside designated periods barred.
- Re-negotiation required after three years.
Central Registry
- Forms prescribed for registration and reporting.
- Rapid transmittal of registration documents and final decisions to Bureau.
Grievance Machinery and Voluntary Arbitration
- Parties must establish grievance machinery for resolution of disputes.
- Procedures for grievance handling outlined including shop steward role.
- Unresolved grievances may be submitted to voluntary arbitration.
- Voluntary arbitrator has exclusive jurisdiction over grievances.
- Arbitration procedure and powers defined; awards are final and executory.
- Cost sharing and fee guidelines for arbitration.
- Board maintains records of cases.
Labor Education and Research
- Department to promote labor education on rights and responsibilities.
- Seminars on labor laws and related matters mandatory.
- Special funds for labor education maintained by labor organizations.
Labor-Management Councils and Cooperation
- Formation of councils to promote workers' participation in policy and welfare.
- Department facilitates programs on productivity, safety, quality of work life.
- Worker representatives nominated by unions or elected where no union exists.
Conciliation, Strikes, and Lockouts
- Board authorized to provide conciliation services.
- Communications during conciliation privileged.
- Compromise agreements are final and binding.
- Grounds for strikes and lockouts limited to bargaining deadlocks and unfair labor practices.
- Strict requirements on notice, vote, and conduct of strikes and lockouts.
- Peaceful picketing guaranteed.
- Courts may enjoin picketing only as provided by law; Commission may issue temporary restraining orders.
Contempt Proceedings
- Direct contempt punishable with fines or imprisonment.
- Appeals allowed under defined circumstances.
- Indirect contempt follows Revised Rules of Court.
Execution of Decisions, Awards, or Orders
- Officials empowered to issue writs of execution within 5 years.
- Special sheriffs may be designated.
- Police and law enforcement may be deputized for enforcement.
General Provisions
- Incidental motions not given due course.
- Restriction on intervention by outsiders in labor disputes.
- Complaints deemed filed upon receipt by appropriate agency.
- Check-off of union dues from non-members mandated.
Transitory Provisions
- Pending cases under old rules governed accordingly.
- Recognition of existing legitimate statuses maintained.
Effectivity
- Rules take effect two weeks after publication.
- Supersede inconsistent issuances.
- Severability clause ensures unaffected provisions remain valid.