Professional Documents
Culture Documents
Appellate Jurisdiction
1. Decisions of the Labor Arbiters:
Grounds:
i.
ii.
iii.
iv.
i.
ii.
iii.
1. Suspension/Cancellation of License
Union Affiliation
A LOCAL UNION is any labor organization
operating at the company or establishment level; a
NATIONAL UNION OR FEDERATION is any labor
organization with at least TEN (10) AFFILIATES
(local unions or local chapters) each of which must
be a duly recognized collective bargaining agent.
Workers may form independent local unions
or join national unions or federations either as
affiliates or chapters. Affiliation is intended to
strengthen the collective bargaining leverage of
local unions. The relationship between affiliate and
federation/national union is one of PRINCIPALAGENT.
Once affiliation is effected, the affiliate
becomes subject to the rules and laws of the parent
organization or mother union under whose charter
or authority the local union exists and functions.
The local union, however, remains the basic unit of
association, free to serve its own and the common
d. Information on rights/duties of
members under the Union
Constitution and By-laws, CBA,
labor laws and jurisprudence.
2. RIGHT TO INFORMATION
a. Recording of income and
expenditures
b. Accounting of all organizational
funds
c. Inspection of Books of
Accounts/Financial Records
3. POLITICAL RIGHTS
a. Direct election of officers every FIVE
(5) years
b. Participate by secret ballot in policymaking
c. Right against admission of
subversives and engaging in
subversive activity
d. Right against election of persons
convicted of crimes involving moral
turpitude to elective administrative
posts.
Grounds for expulsion (Art. 241 (k))
1. A union member may be expelled
from the organization on the
following grounds:
2. For causes specified in the unions
constitution and by-laws provided
the same are not arbitrary,
unreasonable or contrary to law or
public policy and the member is
accorded a fair hearing.
3. Participation in any irregularity in the
approval of a resolution authorizing
payment of compensation to union
officers.
Coverage (Article 243 to 246)
Qualified to Form, Assist, Join Unions
1. RANK-AND-FILE employees of Commercial,
industrial, agricultural enterprises and Religious,
charitable, medical or educational institutions
whether profit or non-profit;
2. SUPERVISORY EMPLOYEES, their union;
3. SECURITY PERSONNEL/ CONFIDENTIAL/
TECHNICAL, their union;
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1. Existence of an employer-employee
relationship
In ORGANIZED
ESTABLISHMENTS: Verified
petition questioning the majority
status of the incumbent bargaining
agent filed by at least TWENTYFIVE (25%) PER CENT of all the
employees in the bargaining
unit/during the FREEDOM PERIOD
(SIXTY [60] DAYS prior to expiration
of term of CBA)). If no petition is filed
during this period, the employer shall
continue to recognize the majority
status of the bargaining union.
In UNORGANIZED
ESTABLISHMENTS: A certification
election shall be conducted upon
filing the petition by the union or the
employer in case there is a demand
for collective bargaining unless there
is voluntary recognition.
Role of employer
A certification election is the sole concern of
the workers. The only exception is where the
employer has to file a petition for certification
election because it is requested to bargain
collectively. Thereafter the role of the employer in
the certification process cease. It becomes merely
a by-stander.
What is the basis for the computation of
quorum in a certification election?
The computation of quorum in a certification
election should be based on the membership of the
rankl and file unit in the particular worksite
petitioning and not on all the employees in the other
worksites.( St. James School of Quezon City vs.
Samahang Manggagawa sa St. James School of
Quezon City Nov. 23, 2005)
Election Ban
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Collective Bargaining
Agreement
Establishes the
employer-employee
relationship
Continues to be binding
and effective a long as no
new CBA is entered into
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