Can be defined as an organization of

employees that uses collective action

to advance its members interest in
regards to wages, benefits, working
condition and other terms and
condition of employment

What are the impacts of
unionization in the ff:

POSITIVE
NEGATIVE
Productivity
Profitability
Employee-
attitudes
Union also try to extend their
influence into other areas of
management aside from
wages and benefits such as
establishment of work
standard
subcontracting,
introduction of new Equipment
management prerogatives

A Background on the early
Philippines labor Movement
Filipino workers during the Spanish
era
Labor code
The passage of R.A. No.3844 on August
8,1963 known as the AGRICULTURAL LAND
REFORM LAW
It is strengthened by the Labor code on
May 1, 1974 when the former president
Ferdinand Marcos issued presidential
Decree No. 442 and took effect six
months after its promulgation on
November 1,1974
AGRICULTURAL LAND REFORM
CODE
Philippines: Agricultural Land Reform
Code (Republic Act No. 3844).
Long title: An Act to ordain the
Agricultural Land Reform Code and to
institute land reforms in the Philippines,
including the abolition of tenancy and
the channelling of capital into industry,
provide for the necessary implementing
agencies, appropriate funds therefore
and for other purposes.
Three new categories of
Employees
1.Managerial employees
2.Supervisory employees
3.Rank and file employees
Distinction between
Managerial Employees and
Supervisory employees
Distinction between a labor
organization and a workers
Association
Definition of terms
A. Labor relations
B. Labor standards
C. Labor Organization
D. Legitimate Labor organization
E. National Union Or federation
F. Exclusive Bargaining
representative

G. Collective bargaining

H. Collective Bargaining agreement

I. Labor disputes

J. Arbitration

K. Strike

L. Lock out

M. Labor Arbiter

Types of labor dispute
Rights dispute

Interest disputes

Labor standards disputes

Labor relations disputes

Welfare and social legislation disputes
NATIONAL POLICY ON LABOR
DISPUTE SETTLEMENT
The present national policy on labor dispute
settlement is enunciated in the following
instrument

National Policy on Labor
Dispute Settlement
1987 Constitution
Sec. 3 Article XIII

Labor Code as amended by
Republic Act 6715
Article 211

Early Policies Adopted by the
Government on Settling Labor
Disputes
Commonwealth Period (1936-1953)
Industrial Peace Act (1953-1972)
Martial Law Period (1972-1986)
Post- Martial Law Period (1986-present)
Different Modes of settling labor
disputes
1.NEGOTIATION
A.PARTIES CONTROL THE PROCESS.
B.ARTIES ENGAGED IN VERBAL. INTERACTION COMPLETELY AND
THEIR OWN TERMS.
C.DECISION IS MADE BY THE TWO CONFLICTING PROCESS.
D.OUTCOME WHATEVER THE PARTIES AGREE TO.
E.APLIED TO THE NONUNIONIZED OR UNORGANIZED GROUP OF
WORKERS IN THE PRIVATE AND GOVERNMENT SECTORS.
Collective bargaining

A.DECITION MAKING PROCESS BETWEEN UNION AND
MANAGEMENT.
B.AIMS TO SET THE TERMS AND CONDITIONS OF
EMPLOYMENT AND PROCEDURES IN THE EMPLOYER-
EMPLOYEE RELATIONSHIP
C.AIMS TO ENSURE THAT THE AGREEMENT IS ENFORCED
THROUGH THE GRIEVANCE MACHINERY WITH VOLUNTARY
ARBITRATION AS THE LAST STEP IN THE PROCESS
Grievance Machinery
A internal use of procedures intended to
resolve all issues arising from the
implementaton and interpretation of the
collective bargaining agreement.
Part of the continuous process of the
collective bargaining intended to
promotefriendly dialogue between labor
and management as a means of
maintaining industrial peace.
Mediation
Similar to conciliation although the
mediator is expected to put
forward settlement proposals
Parties fully participate in deciding
issues and in creating, evaluating,
and solving the conflict to come up
with a win-win solution.
When is Mediation useful?
a. When parties want to resolve the conflict
b. When parties are able to verbalize the ause
of their distress
c. When they need to continue or maintain a
relationship
d. When they have issues that are complicated
by strong emotions
e. When they feel uncomfortable confronting
the other
f. When they are able to live up their promises
Benefits of meditations
A. It is time saving.
B. It cause fraction of 10% of litigation.
C. It is private and confidential
D. It restores relationships.
E. It improves understanding of underlying
issues.
F. It does not close doors to other options if the
parties are not satisfied.
G. It is proven to be more successful in the
Philippines.
Conciliation
a. Occurs when a conciliator-mediator
intervenes in a negotiation.
b. Conciliator cannot decide upon the dispute.
c. Can only reconcile the dispute by facilitating
the meeting of the minds between the parties
d. In the meeting with the conciliator, the
disputing parties are giving the chance to
state their demands and position with the aim
of reaching a viable agreement.
Role of Conciliator-Mediator
An officer of the NCMB has the principal
function to assist in the settlement of labor
dispute through conciliation and
preventive mediation, including the
promotion and encouragement of
voluntary approaches to labor disputes
prevention and settlement.
Arbitration
a. Process where a third party, the arbitrator,
decides upon the agreement or award in a
labor dispute
b. A quasi-judicial process in the parties agree
to submit an unresolved dispute to a third
neutral party for binding settlement
c. Represents the final stage in the dispute
resolution process. The grievance does not
always result in an acceptable solution
because when a deadlock during occurs,
labor contracts call for arbitration.
Two kinds of Arbitration
a. Voluntary Arbitration the parties agree
to submit themselves to arbitration .
b. Compulsory Arbitration- parties are
compelled or ordered to submit
themselves to arbitration in case there is
deadlock during collective bargaining.
Authority of an Arbitrator
a. Investigate and hear the case upon notice of
the parties
b. Render an award (decision) based on the
contract or record of the case
c. Set and conduct hearing, attendance of
witnesses and proof documents
d. Conduct fact-finding and other modes of
discovery
e. Conduct reopening of hearing
f. Modify any provision of existing agreement upon
which a proposed change is submitted for
arbitration
Unionism in the Philippines
Unionization and labor action have dwindled.
But for labor leaders and those who are
active in the labor movement, they claim that
the prevalent of contractualization ha been
the main culprit in the reduction of union
membership a national scale.
San Miguel corporation (SMC) conglomerate,
the countrys largest food and beverage
corporation.
Added to this, certain process are already
contracted out by big companies.


Contractualization and
unionism
From 2001 during the presidency of Gloria
Macapagal Arroyo. Union membership
decreased fro 3.85 million to only 1.47
million in 2002.
Unions Contributions and
Effects
1. To the Employee


1. To the Employer

Labor organizations in the
Philippines
1. The Trade Union congress of the
Philippines
2. The partido ng manggagawa
3. The Alliance of progressive labor
4. The Bukluran ng manggagawang Pilipino
WHO MAY JOIN UNIONS ?
Employees right to self
Organization
The rights of employees in the
PUBLIC SERVICE
Exempted from this Provision
1. Security guards and other personnel
employed for the protection and security of
the person, properties, and premises of the
employer.
2. Managerial employees.
3. Employees of religious, charitable, medical
and educational institutions not operating
for profit provided the latter do not have
existing collective agreements.


Forms of Union Security
Close group

Union group

Agency shop

Open shop

Dues checkoff
Requirements in the registration
of Labor Organization
a. Fifty pesos (P50.00) registration fee;
b. The names of its officers, their addresses, the
principal address of the labor organization, the
minutes of the organizational meetings, and the list
of the workers who participated in such meetings;
c. The names of all its members comprisingat least
twenty percent (20%) of all the employees in the
bargaining unit where it seeks to operate (as
amended by Executive Order No. 111, December
24, 1986);
D. If the applicant union has been in existence
for one or more years, copies of its annual
financial reports; and
E. Four (4) copies of the constitution and by-laws
of the applicant union, minutes of its adoption
or ratification, and the list of the members who
participated in it.
Rights of legitimate
Labor Organization
Unfair Labor Practices of
Employers (Practices by Law)
Contents of the Contract
Agreement
1. Recognition and Union Security
2. Management rights
3. Grievance procedure
4. Arbitration of grievance
5. Disciplinary provision
6. Compensation and benefits provisions
7. Hours of work
8. Layoff procedure
9. Health and safety provision
10. Employee Security and Seniority
Provisions
11. Contract Expiration date
Collective Bargaining Process
a. When a party desires to negotiate an
agreement, it shall serve a written notice
upon the other party with a statement
of its proposals
b. Should difference arise on the basis of
such notice and reply
Bargaining
Impasses/Deadlock
1. Strikes
2. Injunction
3. Lockout
4. Picketing
5. Third party intervention
a. Mediation and conciliation
b. fact-finding
c. Arbitration
Grievance Machinery
and Voluntary
Arbitration
Procedure but Mandatory
Requisite of a lawful Strike or
lockout
There are seven (7) mandatory requisites,
namely:
Valid groups:
1. CBA Deadlock
2. Unfair labor practice (ULP)
No other grounds are allowed except the
two mentioned above.
Procedure but Mandatory
Requisite of a lawful Strike or
lockout
Violation of collective bargaining agreements
except those which are gross in character.
Inter-union or intra-union disputes.
Issues already assumed by the DOLE Secretary or
certified by him to the NLRC for compulsory
arbitration.
Issues already brought before grievance
machinery or voluntary arbitration.
Issues already brought before compulsory
arbitration.
Issues already involving labor standards.
Issues involving legislated wage orders.
Procedure but Mandatory
Requisite of a lawful Strike or
lockout
Second Requisite: Notice of strike or notice of
lockout
a. When to file notice:
1. In case of ULP: 15 days from intended date
of strike/lockout
2. In case of CBA deadlock: 30 days from
intended date thereof
b. Parties who may file notice:
1. Certified union in case of strike
2. Employer in case of lockout
c. Where to file notice: National Conciliation and
Mediation Board or NCMB
Procedure but Mandatory
Requisite of a lawful Strike or
lockout
Third requisite: NCMB-DOLE at lest twenty-four (24)
hours prior.
This requisite is designed to:
a. Inform the NCBM of the intent of the union to
conduct a strike vote;
b. Give the NCBM ample time to decide on
whether or not there is a need to supervise.
c. Should the NCBM decide on its own initiative or
upon the request of an interested party including
the employer, to supervise the strike vote, to give
it ample time to prepare for the employment of
the requisite personnel.
Procedure but Mandatory
Requisite of a lawful Strike or
lockout
Fourth requisite: Strike vote or lockout
vote
a. Majority approval of strike or lockout is
required.
b. Strike vote still necessary even in case of
union-busting.

Procedure but Mandatory
Requisite of a lawful Strike or
lockout
Fifth requisite: Strike vote report or lockout
vote report
a. At least 7days prior to strike or lockout, as
the case may be
b. Effect of non-submission of strike vote to
NCMB, DOLE: strike or lockout is illegal
Procedure but Mandatory
Requisite of a lawful Strike or
lockout
Sixth requisite: Cooling-off period
General rule:
1. In case of CBA deadlock: 30 days
2. In case of ULP: 15 days


Procedure but Mandatory
Requisite of a lawful Strike or
lockout
Seventh requisite: 7-da waiting period or strike ban
a. Cooling off period, distinguished: Waiting period
is counted from the time of submission of strike
vote report to NCBM; Cooling off period is
counted from the filing of the Notice of
Strike/Lockout with NCBM
b. Purpose of the 7-day waiting period: To ensure
that the strike vote was indeed taken and that
the majority of the members approved of it.
c. Deficiency of even one day of the 7-day strike
ban (or cooling-off period) makes the strike
illegal.

A. first requisite: Valid and factual ground
Valid grounds:
1. CBA deadlock
2.Unfair labor practice

1.Violations of collective bargaining agreements.
Except those which are gross in character.
2.Inter or Intra union disputes
3. Issues already assumed by the DOLE secretary
certified by him to the NLRC for compulsory
arbitration
4.Issues already brought before grievance
machinery
5. Issues already brought before compulsory
arbitration
6. Issues involving labor standards
7.Issues involving legislated wage orders

2
nd
requisite: Notice of strike or notice of
lockout
3
rd
requisite: a notice must be served to
the NCMB-DOLE
4
th
requisite: STRIKE VOTE REPORT OR
LOCKOUT VOTE REPORT
5
th
requisite: STRIKE VOTE REPORT OR
LOCKOUT VOTE REPORT
6
th
requisite: COOLING- OFF PERIOD