Law Summary
Coverage of Right to Self-Organization
- State policy to promote free and responsible right to self-organization.
- Only legitimate/registered unions and workers' associations have representation rights.
- Eligibility to join unions includes employees in various enterprises; supervisory employees may join separate unions; managerial employees excluded.
- Alien employees may join if reciprocity is certified.
- All employees eligible for membership from first day.
- Workers not covered by employer-employee relationships may form workers' associations for mutual aid.
Registration of Labor Organizations
- Applications for federations, national or industry unions and trade union centers filed with Bureau; independent unions file with Regional Office.
- Local/chapter charters filed within 30 days.
- Required documents include officers' list, members' list, minutes, financial reports, constitution/by-laws.
- Additional requirements for federations and trade unions, such as resolution of affiliation and memberships.
Registration of Workers Associations
- Applications filed with Regional Office if operations limited to one region, otherwise with Bureau.
- Supporting documents include membership lists, constitution/by-laws, minutes of organizational meetings.
Common Provisions in Registration
- Applications verified by oath of Secretary or Treasurer and attested by President.
- Registration fee required.
- Offices have 30 days to act; incomplete applications notified within five days; failure to complete within 30 days leads to denial.
- Denial decisions are written with reasons; may be appealed.
- Registration grants legal personality, subject only to cancellation proceedings.
Chartering and Affiliation
- Registered federations/national unions may charter locals/chapters by filing specific documents.
- Workers associations may also charter branches.
- Local/chapters obtain legal personality from filing date.
- Independent unions affiliate by filing resolutions.
Reporting Requirements
- Amendments to constitution/by-laws, annual financial reports, updated officer lists, member lists must be submitted annually.
Cancellation of Registration
- Petitions filed regionally or with the Bureau depending on organization scope.
- Any party-in-interest may file, except violations under Article 241 limited to members.
- Grounds include failure to comply with Labor Code articles, violations, acts enumerated under the Code.
- Decisions have 30 days; appeals allowed on certain grounds; decisions are final.
- Local chapter charter revocation is possible for disloyalty.
- Cancellation of federation affects locals unless covered by CBA.
Determination of Representation Status
- State policy promotes free trade unionism with expeditious, non-litigious procedures.
- Modes include voluntary recognition, certification, run-off, or consent elections.
Voluntary Recognition
- Employer may recognize union in unorganized establishments.
- Joint statement filed and posted.
- Regional Office records recognition within 24 hours; union gains exclusive rights.
Certification Elections
- Legitimate labor org or employer may file petitions.
- Jurisdiction rules outlined; petitions consolidated if multiple.
- Filing periods governed by CBA status and prior elections.
- Petition contents specified including support signatures.
- Med-Arbiter assigned, elections may include forced intervenor.
- Motions for intervention allowed during freedom period.
- Hearings aim for stipulations, consent elections or issue definition.
- Non-appearance waiver rules.
- Decisions within 20 days.
- Grounds for dismissal or granting specified.
- Appeals may be filed to Secretary; finality rules outlined.
- Consent elections bar certification for one year except in voluntary recognition scenarios.
- Failure of election does not bar new petitions.
- Motion to postpone does not stay elections.
Conduct of Certification Elections
- Pre-election conferences to set mechanics.
- Qualified voters defined; challenges handled with sealed ballots.
- Elections held during regular business hours and company premises.
- Notices posted five days prior.
- Safeguards for ballot secrecy, preparation, marking, and handling.
- Minutes kept; votes canvassed immediately after polls close.
- Valid election requires majority of eligible voters.
- Certification and proclamation by election officer or Med-Arbiter under specific conditions.
- Appeal procedures and finality of decisions outlined.
Run-Offs
- Held if no majority and at least 50% cast votes.
- Conducted within 5 days between top two vote-getters.
- Winner certified according to election rules.
Intra-Union Disputes
- Any union member may file complaints; some require 30% support.
- Complaints must specify parties, violations and relief.
- Administrative remedies must be exhausted.
- Conciliation efforts mandated.
- Decisions within 20 working days with possible penalties including expulsion or cancellation.
- Appeals to Bureau; finality and execution rules provided.
Election of Officers of Labor Organizations
- Election committees formed 60 days prior to term expiration.
- Committees set rules, qualifications, supervise election, resolve protests, proclaim winners.
- Protests handled promptly.
- Appeals resolved by Regional Director.
Registration of Collective Bargaining Agreements
- Parties must file copies within 30 days with proof of posting and ratification.
- Fees assessed.
- Agreements from awards registered similarly except ratification proof dispensed with.
- Contract-bar rule enforces five-year term of representation status.
- Exceptions for agreements with substandard provisions or fraudulent documents.
- Appeals handled by Bureau.
Central Registry
- Forms prescribed for registration.
- Certificates and supporting documents transmitted promptly to Bureau.
- Decisions cancelling registration also transmitted.
Administration of Trade Union Funds
- Dues collection rights preserved despite disputes.
- Actions on fund administration treated as intra-union disputes.
- Financial examinations authorized on complaint with at least 20% member consent.
- Sixth month and 60-day no complaint periods apply.
- Decisions subject to appeal.
Grievance Machinery and Voluntary Arbitration
- Grievance machinery to be established by CBA parties.
- Procedures for handling grievances provided.
- In absence of agreement, standard steps apply.
- Voluntary arbitrator has exclusive jurisdiction over grievances.
- Voluntary arbitration encouraged for other disputes.
- Proceedings and awards governed by timelines and procedures.
- Costs shared by parties.
Labor Education and Research
- Department tasked with developing labor education.
- Unions must conduct seminars on labor laws and related matters.
- Special funds to be maintained for education and research.
Labor-Management Councils
- Creation promoted for workers to participate in policies affecting them.
- Department provides support services.
- Worker representatives nominated or elected depending on union presence.
Picketing, Strikes and Lockouts
- Strikes/lockouts valid for bargaining deadlocks, unfair labor practices.
- Procedural requirements for notices.
- Disclosure of financial info in bargaining.
- Strike/lockout votes governed by secret ballot rules.
- Prohibition on obstruction, intimidation.
- Regulations on hiring replacements.
- Peaceful picketing guaranteed.
- Injunctions limited to specified articles.
- Criminal jurisdiction for violations.
Termination of Employment
- Security of tenure assured for regular/probationary/project employment with conditions.
- Due process standards detailed for just and authorized causes.
- Notice requirements specified.
- Right to contest dismissal preserved.
- Decisions within 20 working days.
- Preventive suspension rules defined.
- Certificates of employment and monthly dismissal reports required.
Execution of Decisions and Awards
- Decisions become final after 10 days unless provided otherwise.
- Five-year period to enforce decisions.
- Authority to issue writs and deputize law enforcement detailed.
- Administrative fines for non-compliance.
General Provisions
- Penalties for violations of Article 264 specified.
- Measures against frivolous appeals.
- Enforcement measures including fines.
- Contempt procedures for misbehavior before labor authorities.
- Motions for dismissal and incidental motions not entertained separately.
- Restriction on outsider intervention in labor disputes.
- Complaint deemed filed upon agency receipt.
- Check-off from non-members authorized.
Supersession and Effectivity
- Inconsistent rules repealed.
- Rules effective two weeks after publication in national newspapers.