LABOR RELATIONS

ATTY. JMM | A.Y. 2020 – 2021

MODULE 9 – RIGHT TO SELF-ORGANIZATION associations which includes the right to self-
organization. However, their rights are not as
PART 1
comprehensive as the rights of the workers in the
The way to study this topic is to, first and foremost, look private sector.
at the Basic Principles. Once you study the Right to Self-
When you speak of a union, association, what does it exactly
organization, it will necessarily follow that you will have
mean?
a good comprehension of the Rights of Legitimate Labor
Organization [covered by Module 10]. Check first the statute – the LC.

When you speak of the Right to Self-organization, you ART. 219 (g)
have to take note of the Constitutional provisions –
Labor organization – any union or association of
wherein the State protects the workers’ right to self-
employees which exists in whole or in part for the
organization.
purpose of collective bargaining OR of dealing with
Under the Constitution, we have this article… employers concerning terms and conditions of
employment.
SEC. 8, ART. III 1987 CONSTITUTION
Take note of the conjunction “OR”. From this definition,
The right of the people, including those employed in
it includes a union, a workers’ association.
the public and private sectors, to form unions,
associations, or societies for purposes not contrary to Is there a definition of a workers’ association in the LC?
law shall not be abridged.
None. You look at the IRR which is the DO No. 40-03 s.
Focus on this constitutional provision as this embodies 2003, as amended. This IRR will tell us if there’s a
the right to form unions, associations, or societies for definition of a labor union or a workers’ association.
purposes not contrary to law.
SEC. 1, RULE I, D.O. NO. 40-03
In fact, it has been said that the freedom of association is
(ccc) “Union” refers to any labor organization in the
one of the most basic rights of human; a basic human
private sector organized for collective bargaining and
right. This will entitle every individual to form or
for other legitimate purposes.
organize a group, whether formally or informally, or to
join any group, formal or informal. That’s how broad it
is.
Is a labor organization always a union? NO, because a labor
Reading the constitutional provision, it says, “the right of organization includes a workers’ association. Take note
the people”; it’s people and it focuses on those people of this logic and principle.
who are employed in the public and private sector.
From this definition a Union, what does it connote? It
The constitution recognizes the rights to form unions, connotes that:
associations, and societies, as long as they are not
established for purposes contrary to law. This is not 1. a union is a labor organization; and
subject to interference by the State whenever these 2. a union exists for the purpose of collective bargaining
people, including those employed in the public and and for other legitimate purposes.
private sectors, would desire to choose their right to
form associations. It speaks of a union, association, and a Primarily, when you speak of a union within the context
society. This is the general provision on the right to of LabRel, you’re referring to a labor organization that
association and made available including those exists, in whole or in part, for the purpose of collective
employed in the public and private sectors. bargaining.

I will focus primarily on EEs in the private sector. Ofc, EEs Right to bargain collectively is one of the broad rights
in public sector may also exercise the right to form of a legitimate organization – which contemplates a

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relationship where there exists an EE-ERR. When you IOW, workers' association may or may not be compose
bargain with the ER, obviously the parties involved there of employees. After all, their existence is not for the
would be the ER and the union acting on behalf of the EEs purpose of collective bargaining but rather for the mutual
in that bargaining unit. May EE-ERR siya, yun ang union. aid and protection. When we say mutual aid and
protection, it refers to its members.
A labor organization refers to any union or association of
employees in the private sector which exist in whole or in If I were employed, can I also form a workers' association? YES,
part for the purpose of collective bargaining, mutual aid even though I am an employee, I am not compelled to
and interest cooperation, protection or other lawful form an organized labor union if I don't want to. I can
purposes. only decide to form a workers' association for the
purpose of mutual aid and protection and not for
So, labor organization under the IRR is still consistent
collective bargaining.
with the definition of a labor organization under the LC.
Which means that it include a labor union, association of A workers' association may therefore exist even if there
workers and employees otherwise known as workers' is absence of EE-ERR. Unlike in a labor union, which
association. requires the essential element of EE-ERR. Kasi mag ba-
bargain collectively yung union member with the
A workers' association means organized for mutual aid
employer so it requires EE-ERR.
and protection of its members or for any legitimate
purpose other than collective bargaining. In the same way if the workers so decide to participate in
policy and decision making processes. So far these
A labor organization includes workers' association. It
processes would directly affect the rights, benefits and
means that when you speak of labor organization it may
welfare. It also contemplates an EE-ERR situation.
exist for the purpose of collective bargaining, mutual aid
and protection of its members or any other legitimate A legitimate labor organization, refers to a labor
purposes. organization in the private sector duly registered with the
Department of Labor and Employment in accordance
Based on the distinctions, it’s clear that a labor union
with the rules.
exist for the purpose of collective bargaining while a
workers' association exist for mutual aid and protection Once the labor organization is registered with the
of its members and not for the purpose of collective appropriate government agency, we call that labor
bargaining. Hindi maka pag exercise ng collective organization as a legitimate labor organization.
bargaining yung workers' association.
Note: The registration is material for the purpose of
Does the workers' association require that the members must be enabling the labor organization to exercise the rights of
employees of the establishment where it exist? IOW, should legitimate labor organization under the LC. Kasi yung
there be an EER similar to a labor union existing in an LC natin spells out certain rights but these rights can only
establishment? be exercised by a legitimate labor organization. Not a
mere labor organization, or a labor union but a legitimate
NO, any person whether employed or not in the
labor organization.
establishment where the association exist may join that
workers' association. It does not require the existence of In the same way, since a workers' association is also a
EE-ERR. labor organization or within the meaning of labor
organization. If the workers' association is duly registered
In fact, one of the primary purpose of workers' association
then that is only when we can say that it can also exercise
is for the mutual aid and protection of its members. If you
the rights of a legitimate labor organization but not for the
look at the IRR, workers' association may also be compose
purpose of collective bargaining, simply for the purpose
of ambulant workers and those workers who have no
of mutual aid and protection.
definite employers.
I also listed the definition of an independent union,
affiliate local or chapter or chartered local. I want you to
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also check a local union as well as national union or federation. standards and programs, registered with the Bureau of
Make your own outline of the definition of these terms. Labor Relations.

An independent union, refers to a labor organization If you look at it, this national union or federation, it is still
operating at the enterprise level that acquired legal a labor organization, only that it is bigger or larger than
personality through independent registration under the an independent union, it is bigger or larger than a mere
LC and implementing rules. local or chapter or a chartered local because it has at least
10 legitimate labor organizations certified in the
EXAMPLE: USC College of Law, I decide to join a R&F
establishment where it seeks to operate. So if you have at
union of faculty members. If we operate at the level of
least 10 duly registered independent unions then you can
USC College of Law that is enterprise level that will
now form a national union or federation, but each of these
classify our labor union as an independent union if we are
independent unions must be certified as the sole
registered through an independent registration under the
exclusive bargaining agent in the respective
LC.
establishments.
Meron tayong independent union and we also have a local
Between an independent union and national union or
or chapter otherwise known as the chartered local.
federation, which has better capacity to negotiate CBA? The
A chartered local refers to a labor organization in the national union or federation because the officers of the
private sector operating at the enterprise level that national union or federation may or may not be
acquired legal personality through the issuance of a employed in the establishment of the employer where
charter certificate by a duly registered federation or it is dealing for purposes of collective bargaining. It has
national union, and reported to the Regional Office. more strength because it is backed up by at least 10 duly
certified independent unions or at least 10 local or
When you speak of a chartered local, it is a labor
chapters.
organization that acquires legal personality through the
issuance of a charter certificate by a duly registered Important Principles:
federation or national union.
1. The right to self-organization includes:
In fact, you will come across later a provision of the LC  The right to form or organize a union;
on the registration or chartering of a local or chapter.  To form or organize workers’
association; and,
An affiliate refers to an independent union affiliated with
 Right to form or organize a labor
a federation, national union or a chartered local which
management council.
was subsequently granted independent registration but
did not disaffiliate from its federation.
2. The right to self-organization more often than
Here, you affiliate with a federation or national union, not connotes unionism.
you want to increase your bargaining power with your However, workers can form associations as well
employer. Then, you can validly do that. If you are as labor management council even if the
backed up by a federation or national union, you are members are not employees of the establishment
stronger than if you were just to exist as a mere where this association seeks to operate.
independent or local union. The essence of the workers’ association is not the
members may or may not be employees but they
A national union or federation refers to a group of can deal with the employer regarding the terms
legitimate labor unions in a private establishment and conditions of the employment such as wages,
organized for collective bargaining or for dealing with hours of work and other benefits. Hindi kailangan
employers concerning terms and conditions of ng EE-ERR because after all, a workers’
employment for their member unions or for participating association cannot exercise the right to collective
in the formulation of social and employment policies, bargaining but it can deal with the employer on
the terms and conditions of employment.
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The SC has described that as a generic description of forming or organizing a labor union is employee
interaction between an employee and an employer in participation in whatever form, it may appear
terms of grievances wages even if this employee’s bargaining or no bargaining, union or no union
group is not registered. at all. So, it’s an employee participation. It is just
one of the forms of employee participation.
3. Right to self-organization includes two broad
notions: So, it would seem to suggest that when the state
 Liberty or freedom promotes the policy of unionism, it aims
The absence of legally strained whereby employee participation and one employee
the employee may act for himself participation is through collective bargaining
without being prevented by law. which can be exercised when workers form and
organize a labor union.
 Power
An employee may as he pleases join or In terms of the workers’ association, it is enough that the
refrain from joining an association. members of the association share common interest
especially that the purpose of organizing a worker’s
Right to self-organization IOW, includes the association is for mutual aid and protection.
freedom of association and the negative freedom
of association because there is no law prohibiting It is important to understand these fundamental
me from acting either way. I can therefore act for principles before we head on to our next topic.
myself without being prevented by law. And if I
decide to act let’s say by forming or joining an Next topic:
association or labor union, it is within my power What is the reason why workers organize? What is the policy of
to quit from my membership in that association the state in promoting unionism? How is it guaranteed under
or union and decide to be a non-member at all or our Constitution? Who may qualify to be a member of a labor
perhaps choose another association or labor union?
union where I can be a member.
TN: Right to self-organization is not absolute, it has
4. Every labor union is a labor organization but not limitations. There are certain employees who are
every labor organization is a labor union. rendered not eligible to form or organize a labor union.
The difference lies there in organization,
composition and operation. Do not confuse
yourself with a labor union from a labor workers’ PART 2
association because there is a large difference
Previously, we mentioned the fundamental principles
between these two organizations in terms of
that underlie the right to self-organization. Also, the two
composition, operation and organization.
broad notions which underscore the right to self-
organization.
5. Collective bargaining is just one of the forms of
employee participation. We have to identify the common reasons why workers
It is not the end goal of the employee have to organize themselves into a labor organization.
representation. We always say that when we Simply put, the SC has observed in one case:
form a labor union it is for the purpose of
collective bargaining but it is not the end Labor organizations are organized out of
objective of the right to form labor unions. necessities of the situation. They are formed to
offset the social and economic imbalance that
According to the SC, the real aim in exercising an individual undergoes when bargaining with
the right to self-organization particularly his employer.

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We need to concede that when we speak of a single EE, Workers may want to participate in policy and
he is usually helpless in dealing with his ER concerning decision-making processes which affects their
his terms and conditions of employment like wages, hrs. rights, benefits and welfare.
of work and other employment benefits.
They may organize their selves collectively as a labor
If I’m an EE and there’s no labor organization within the union / workers’ association for that matter.
establishment that I am employed and I may want to
Labor union may decide to affiliate with a federation or
improve on my wages/salary, it’s difficult on my part to
national union in order to increase their bargaining
approach the mgmt. and to request them to grant a salary
powers with their ER.
increase. I may be shy, I may feel so low, not so confident
if I decide to approach the mgmt.. Medyo hopeless ka. Then those federation or national unions they are
created and organized because, as you know many
In the same way that EE who may have valid grievance,
governmental policies are implements of unions acting
may also be in the same situation if he decides to seek
as pressure groups. Workers increase their bargaining
redress of his grievance. He may want to seek
power not only with the ERs but also with the
appointment with his ER and ERs are most often than not
policymakers if they are formed and organized as
are very busy; some of them do not take their EEs srsly
national unions or federation.
when it comes to addressing grievances.
You could think also of valid reasons why workers form
Yung pagiging helpless ng mga workers creates the
and organize a union.
necessity of the workers creating a labor
organization. In this regard we note, that as the State is quite cognizant
A worker bargaining with his ER is usually of these concerns and problems affecting workers, the
placed at a disadvantage position. Between him policy of the State is:
and his ER, there is a large difference in terms of
economic status, bargaining knowledge and 1989 LIBERTY FLOUR MILLS EMPLOYEES V.
skill, etc. LIBERTY FLOUR MILLS G.R. NOS. 58768-70

The EE may not be as good in dealing w/ his ER re: To promote unionism to enable the workers to
improvement of his terms & conditions of employment negotiate with management on the same level and
compared to one where the worker exercises collective with more persuasiveness than if they were to
bargaining as a group in dealing with his ER. individually and independently bargain for the
improvement of their respective conditions.
Another situation, mga inhuman working
conditions that really force men to organize. Labor and Capital do not really stand in equal footing.
The Labor is still dependent on Capital.
If the EEs feel that they are not accorded just and humane
conditions of work, the ER violates the rights of the Offsetting this social and economic imbalance is one of
workers to occupational safety and health – that’s another the primary objectives of the exercise of the workers’
common grievance where workers may decide to right to self-organization.
organize. Even in politics you will recognize na itong mga politicians
If you look at the law that strengthens the right of the natin are heavily dependent on their votes from these
workers to occupational safety and health, there are a lot organized labor unions. There are politicians who are
of rights spelled out there and you will note that many of elected to office because they represent the leadership in
these rights are often violated by ERs, perhaps, this organized federation or national union.
deliberately or out of ignorance, that leaves workers The Constitution guarantees the policy of the State to
helpless. promote Unionism by first and foremost, giving the
workers the right to self-organization.

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Sabi ng Constitution ‘workers we’re quite cognizant of your their workers may also organize or join labor
concerns and grievances and we’re promoting policy of organizations;
Unionism. We want you to deal with the mgmt. more or less on Ex. manufacturing establishments of tobacco into
the same level, therefore, we guarantee you this right to self- cigarettes; of soda into soft drinks
organization’ – as long as you are qualified and eligible to  Agricultural – involved in farming operations
be a member of a labor union.’  Religious – regardless of your faith, you are also
eligible to exercise the right to self-organization;
The State further guarantees the policy of Unionism by
 Charitable – for profit or not it does not matter,
providing organized labor unions who are certified as
no matter how small you are as long as you’re
the Sole Exclusive Bargaining Agent [SEBA] to exercise
sizeable enough to function as a labor union, then
to right to collective bargaining.
you may exercise the right to self-organization;
Furthermore, the Constitution likewise guarantees the  Medical – ex. In hospitals, the nurses, doctors – as
right of the workers to engage in peaceful and lawful long as they are eligible, they can exercise to right to
concerted activities including the right to strike, in cases self-organization;
of ULP as well as bargaining deadlocks.  Educational – ex. USC, UC, USJR, those private
educational institutions are also within the coverage.
There are so many essential features of the PH
Constitution that will spell-out the guarantees on the Nothing in the law that defines how many workers are
policy of the State to promote unionism. You just have to needed before they can exercise the right to self-
identify them. Not to mention, the rights of legitimate organization. What the law defines is the eligibility or
labor organization under the LC. ineligibility to exercise right to self-organization. It does
not say that establishments with less than 5 workers
In what establishments can EEs exercise the right to self-
cannot exercise the right. It’s available to everyone. After
organization?
all, the Constitution provides the “right of the people,
If you look at LC, Art. 253, it will spell out to you long including those employed in the public and private
enumeration of the coverage and EEs right to self- sectors, to form unions, associations, or societies for
organization. purposes not contrary to law” and this right shall not be
abridged. That’s how comprehensive itong ating right to
ART. 253 COVERAGE AND EMPLOYEES’ RIGHT self-organization.
TO SELF-ORGANIZATION
Just give your own illustration of what’s considered
All persons employed in commercial, industrial, and commercial, industrial, educational, medical and
agricultural enterprises and in religious, charitable, charitable institutions.
medical, or educational institutions, whether
operating for profit or not, shall have the right to self- Please also do not forget that the IRR of LC also provide
organization and to form, join or assist labor a similar provision on the coverage of the right to self-
organizations of their own choosing for purposes of organization.
collective bargaining. Ambulant, intermittent and By definition of the Labor organization, it spells out the
itinerant workers, self-employed people, rural workers two-fold purpose: (1) collective bargaining; and (2)
and those without any definite employers may form mutual aid and protection.
labor organizations for their mutual aid and
protection. A labor union, they exist for the purpose of collective
bargaining and other legitimate purpose. While in a
 Commercial – establishments engaged in the sale worker’s association they exist for mutual aid and
of goods and services; persons employed thereat protection of its members other than collective
may exercise and within the coverage of the right; bargaining. They derived from the definition of labor
 Industrial – establishments engaged in the organization.
processing of raw materials into finished goods,

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We have to know who among the employees are eligible recommend. It's not just mere recommendation but
and not eligible to exercise the right to self-organizationn. effectively recommend of such managerial actions if the
exercise of authority is not merely routinary or clerical
ART. 255 INELIGIBILITY OF MANAGERIAL
but requires the use of independent judgment.
EMPLOYEES TO JOIN ANY LABOR
ORGANIZATION; RIGHT OF SUPERVISORY Between a supervisory and a R&F the former exercises
EMPLOYEES independent judgement while the latter performs merely
routinary or clerical job and does not require independent
ART. 255. [245] Ineligibility of Managerial Employees
judgement.
to Join any Labor Organization; Right of Supervisory
Employees. Managerial employees are not eligible to In labor standards, there is only two clear classification
join, assist or form any labor organization. Supervisory of employees. We have managerial and R&F employees.
employees shall not be eligible for membership in the When you speak of managerial employees they include
collective bargaining unit of the rank-and-file officers or members of the managerial staff. In labor
employees but may join, assist or form separate relations, there only three classification.
collective bargaining units and/or legitimate labor
Art. 255 of the LC, there is absolute disqualification not to
organizations of their own. The rank and file union and
join, assist or form any labor organization. The SC said
the supervisors' union operating within the same
that the reason for disqualification is conflict of interest.
establishment may join the same federation or national
If you are a managerial employee, obviously you are
union.
acting in the interest of the employer. You could be the
Note: Art. 255 of the LC, provides for the non eligibility of employer yourself or at least acting in the interest of
the managerial employees to join a labor organization. employer.
Also classifies the other employees for purposes of labor
As I've said, when you are the ME, you are charge with
relations.
the formulation and execution of management policies.
IOW, the LC provides for a three tiered classification of The power to hire, dismiss, suspend, lay off, discharge
employees. and exercise other management prerogative. You cannot
form, join or assist a labor union because it exist for the
(1) Managerial Employees (ME)-is one who is vested
purpose of collective bargaining. The ME, cannot bargain
with the powers or prerogatives to lay down and execute
with himself. It cannot bargain with another person
management policies and/or to hire, transfer, suspend,
which is his employer due to conflict of interest.
lay-off, recall, discharge, assign or discipline employees.
Since the law speaks of Labor Organization, it also
(2) Supervisory Employees (SE)-are those who, in the
disqualifies a ME from forming, joining or assisting in the
interest of the employer, effectively recommend such
formation of a workers association. They are also
managerial actions if the exercise of such authority is not
disqualified from dealing with management regarding
merely routinary or clerical in nature but requires the use
terms and conditions such as wages and hours of work.
of independent judgment.
They are the one supposed to implement and execute
(3) Rank and File Employees (R&F) - all employees not
these terms and conditions of employment.
listed within any of the above definitions are considered
R&F employees for purposes of this book. If you are The disqualification is very broad. You are prohibited
neither managerial nor supervisory employee then you from forming, joining or assisting in the formation of a
are classified as R&F. labor union and forming, joining or assisting in the
formation of a workers association.
Who among the employees are eligible and ineligible to exercise
the right to self-organization? Earlier on, we define a labor organization to include not
only a labor union but also workers association.
When it comes to Supervisory Employees, they act in the
interest of the employer. They can effectively

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Under the LC, supervisory employees, shall not be If the R&F and SE decide to go on strike you can just
eligible for membership in the collective bargaining imagine the disruption of the operation of the
unit of the rank-and-file employees but may join, assist establishment. The establishment cannot run operations
or form separate collective bargaining units and/or with only the managers.
legitimate labor organizations of their own.
The last sentence of Art. 255, the R&F union and the
If you are a SE, you may form or organize your own supervisors' union operating within the same
collective bargaining unit and/or legitimate labor establishment may join the same federation or national
organizations of your own. It's exclusively for the union.
supervisory employees and prohibited from joining the
Before the amendment to Art. 255, the law does not allow
collective bargaining unit of the R&F employees. Again,
due to conflict of interest a R&F union from being
due to conflict of interest.
affiliated or created as a local or chapter by the same
The conflict of interest involve two major areas: (1) federation or national union as the supervisors union. It
collective bargaining (2) area of discipline. If you are a is prohibited due to conflict of interest.
supervisor, the R&F employees usually reports to the
IOW, in an establishment the federation or national
immediate supervisor.
union, it cannot create a local or chapter of the R&F
As the supervisor, you can just imagine if you allow the employees or create a local or chapter of the supervisors.
supervisor to join the R&F bargaining unit. The It is not allowed before but because of the amendment to
supervisor who is supposed to act in the interest of the Art. 255 strengthening the right of workers to self –
employer will necessarily betray the loyalty that he owes organization.
to his employer if you were to allow him to join the R&F.
It is quite clear that that doctrine of the SC has already
In the same way that if he joins the R&F union, it will also been abandoned because expressly as it is written under
be unfair and will be a disadvantage to the R&F union if the law that R&F union and the supervisors union
the supervisor will remain loyal to management because operating within the same establishment they may join
he will be acting as spy for or against the R&F union. the same federation or national union. It simply means
Usually alam mo naman ang mga supervisor sipsip yan sila sa that a federation or national union can create in the same
management. They might tell the management that the establishment the R&F union as a local or chapter, can
R&F employees are planning to strike. That might create in the same establishment a local or chapter of the
hamper the exercise of right to self-organization. supervisory employees. These two separate unions will
now owe loyalty to one and the same federation or
To avoid the situation, the law declares this supervisory
national union. That is what makes it stronger fir this
employees not eligible. From that provision of the LC, it’s
federation or national union in increasing their
quite clear that the only employee left would be the R&F
bargaining power in dealing with management regarding
employees. No disqualification at all.
terms and conditions of employment of those workers
For the SE, I would call that a relative disqualification. within its organization.
Not absolute disqualification, only relative.
EXAMPLE: I am from USC College of Law and I was able
Just imagine in a certain establishment where there exist to form and organize a R&F union among the faculty
a collective bargaining unit of SE and R&F employees, members. While the supervisors were able to form and
there could be a union of SE and another union for R&F. organize likewise their own separate union. Both of us
can become an affiliate of the federation or national union
This is how the law strengthens the workers right to self-
assuming that we are both independently registered or
organization. By allowing in a certain establishment to
we could simply approach the federation or national
have at least two labor organizations. One, R&F labor
union to create us as a local or chapter and also to create
union and second, SE labor union. That's how strong it is
among the supervisory employees another local or
because what is left there is the ME.
chapter from the same federation or national union.

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That’s how stronger it is. Ang maiiwan jan si dean Glenn are the reasons why they don’t do so but they are eligible
Capanas who obviously is considered a managerial to join or assist in the formation of a labor organization if
employee. Kami mga R&Ffaculty members, we are just they are so minded.
R&F employees, we do not exercise independent
How soon is an employee, supervisory employee or R&F
judgment, our job is actually clerical or ordinary in
employee eligible to be a member of a labor organization? TN:
nature. The school assigns us the subjects in which we
Under the implementing rules, “for purposes of the
have no choice, the school assigns us the class schedule in
section as to who may join labor unions and worker’s
which we have no choice, the school subjects us to
associations, any employee whether employed for a
discipline in which we have no choice, we are basically
definite period or not shall beginning on the first day of
neither managerial nor supervisory employees but mere
his or her service be eligible for membership in any
R&F faculty members.
labor organization.”
TN: Ask yourself based on the definition of terms, Am I a
For purposes of membership, in a labor organization
managerial employee? AM I a supervisory employee? Or
whether it is a labor union or a worker’s organization, on
Am I just a merely R&F? (Who am i? ito lang naman ako
the first day of service of an employee where he or she is
simpleng tao :3) That is relevant in determining whether
employed for a definite period or not, he or she is
you are eligible or not eligible to form or organize or assist
considered eligible in the eyes of the law. Btw, these
in the formation of a labor union.
supervisory employees and R&F employees, it does not
What about alien employees (non-resident aliens)? Under the make any distinction whether they are regular or non-
LC, alien employees particularly the non-resident aliens regular, even a casual employee, even a project or
who are allowed to work in the PH provided that they seasonal employee may be a member of a labor
secure Alien Employment Permit (AEP) from the DOLE. organization unless he or she is declared ineligible under
So, under the implementing rules, Alien Employees (AE) the law.
with valid permits issued by the DOLE, if they are
On the first day of service, the law recognizes the right
nationals of the country which grants the same or similar
of these employees to be a member of a labor
rights to Filipino workers as certified by DFA of which
organization regardless of his or her status. So casual yan,
has ratified ILO convention No. 87 referring to the
pwede. Project, seasonal, pwede. Fixed term employee, pwede.
freedom of association and right to organize and ILO
All decided to form, organizes or assists in the formation
convention No. 98 referring to the right to organize and
of a labor organization. In fact, the implementing rules
collective bargaining. They may also exercise the right to
also mentioned all other workers including ambulant and
join or assist in the formation of a labor organization but
other workers, self-employed, rural workers and those
not to form their own labor organization.
without definite employers formed labor organization for
TESTIMONY: Based on my experience, I get to see one the mutual aid and protection and other legitimate
wherein this non-resident alien decided to join a union of purposes except collective bargaining.
R&F employees or decided to join the union of
The ambulant workers that you see on the street, itinerant
supervisory employees. Most of the aliens that are here in
workers—they come and go whenever they sell their
the PH, they are usually holding managerial positions.
goods and services, they may exercise the right to self-
There are also Non-resident Aliens (NRA) who are
organization, they can form a labor organization but only
holding supervisory positions, they are eligible to join the
for purposes of mutual aid and protection.
union of supervisory employees if there is one in the
establishment. In my experience, I get to see one. After all, EXAMPLE: “Market Vendors Association of the PH”,
even if they exercise the right to self-organization, well “Balot Association of the PH Labangon Chapter”
since their employment is usually for a term and their
What could be the primary purposes in doing so? They could
stay in the PH is usually co-terminus with their working
probably lobby with Congress for the enactment of
VISA, the likelihood of them exercising to self-
pieces of social legislation that will uplift and protect
organization is farfetched from happening. Maybe those

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the rights and welfare. In fact, collective action is better in Barangay Catuguing, San Nicolas, Ilocos Norte. On
than individual action. July 9, 2007, IPTEU filed a verified Petition6 for
certification election seeking to represent a bargaining
EXAMPLE: Market vendor ka nagiisa ka lang, you will be
unit consisting of approximately twenty-two (22) rank-
helpless in dealing with the government but if you form
and-file professional and technical employees of
and organize your vendors’ association, market vendors
CCBPI Ilocos Norte Plant. CCBPI prayed for the denial
association for example that is still consistent with the
and dismissal of the petition, arguing that the
right to association. You can always use that vehicle to
employees being referred to by IPTEU are either
lobby with Congress pieces of legislation that will for
supervisory or confidential employees-- hence,
enactment of social protect your rights and welfare.
ineligible for inclusion as members of IPTEU.
Maganda itong right to association which includes the
Convinced that the union members are rank-and-file
right to self-organization.
employees and not occupying positions that are
Between the right to association and the right to self- supervisory or confidential in nature, Mediator-
organization, mas limited yung right to self-organization Arbiter Florence Marie A. Gacad-Ulep granted
because the right to self-organization more often than not, IPTEU'S petition. (August 23, 2007 ) On September 3,
it connotes unionism-- unionism contemplating of a labor 2007, CCBPI filed an appeal before the Secretary of
union existing for a purpose of collective bargaining. Labor and Employment (SOLE). In the Pre-election
Pagdating naman sa right to association, it is available to Conference held on September 10, 2007, CCBPI and
all people whether they are employed or not employed, IPTEU mutually agreed to conduct the certification
they can always form their association as long as they election on September 21, 2007. On election day, only
intended not contrary to law, it is still protected by the sixteen (16) of the twenty-two (22) employees in the
Constitution. IPTEU list voted. However, no votes were canvassed.
CCBPI filed and registered a Protest questioning the
Aside from the managerial employees who are not eligible to
conduct and mechanics of the election and a Challenge
form, join or assist a labor organization, are there other
to Votes on the ground that the voters are supervisory
classification of employees that are disqualified? In one SC
and confidential employees. By agreement, the parties
case, he SC mentioned of the disqualification of
met on September 26, 2007 for the opening and
employees. Confidential employees not eligible to form,
counting of the challenged votes. On said date, CCBPI
join or assist a labor organization in the same logic as
filed a motion for inhibition, which the Mediator-
managerial employees.
Arbiter verbally denied on the grounds that it was not
Pag confidential employee ka, you are usually entrusted verified and would cause undue delay on the
with confidential matters by management in relation to proceedings as there are no other Mediators-Arbiters
labor relations and by the nature of your position you will in the Region. The parties were informed that their
be in conflict of interest with management if you were to agreement to have the ballots opened could not bind
be allowed to form, join or assist a labor organization. the Mediator-Arbiter. Instead, they were directed to
submit additional evidence that would aid in the
COCA-COLA BOTTLERS PHILIPPINES, INC. vs. resolution of the challenged votes. On October 22, 2007,
ILOCOS PROFESSIONAL AND TECHNICAL the Mediator-Arbiter denied CCBPI's challenge to the
EMPLOYEES UNION (IPTEU) 16 votes. She found that the voters are rank-and-file
FACTS: employees holding positions that are not confidential
in nature, and who are not, or used to be, members of
Petitioner Coca-Cola Bottlers Philippines, Inc. (CCBPI) Ilocos Monthlies Union (IMU) due to the
is a domestic corporation duly organized and reclassification of their positions by CCBPI and have
operating under the Philippine laws. On the other been excluded from the CBA entered into by IMU and
hand, respondent Ilocos Professional and Technical CCBPI from 1997 to 2005. Consequently, the
Employees Union (IPTEU) is a registered independent challenged votes were opened and canvassed. After
labor organization with address at CCBPI Ilocos Plant garnering 14 out of the 16 votes cast, IPTEU was

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proclaimed as the sole and exclusive bargaining agent questioned voters do not have access to confidential
of the rank-and-file exempt workers in CCBPI Ilocos labor relations information.
Norte Plant. CCBPI elevated the case to the SOLE, but
Doctrine: Access to vital information is the imperative
was denied. Confronted with an adverse ruling, CCBPI
consideration in determining whether or not an
filed before the CA a petition for certiorari with prayer
employee is a confidential employee. An employee
for temporary restraining order and writ of
must assist or act in a confidential capacity and obtain
preliminary injunction. On March 17, 2010, the Court
confidential information relating to labor relations
of Appeals denied the petition. CCBPI filed a motion
policies. Exposure to internal business operations of
for reconsideration, which was also denied in the
the company is not per se a ground for the exclusion in
September 16, 2010 Resolution; hence, this petition.
the bargaining unit.
ISSUE:
(from foot notes)
Is the CA correct in affirming SOLE’s resolution
Confidential employees are defined as those who (1)
dismissing petitioner’s appeal that assailed the
assist or act in a confidential capacity, in regard (2) to
Decision (On the Challenged Voters)
persons who formulate, determine and effectuate
RULING: management policies in the field of labor relations.

Yes. The determination of factual issues is vested in the The exclusion from bargaining units of employees
Mediator-Arbiter and the Department of Labor and who, in the normal course of their duties, become
Employment. Pursuant to the doctrine of primary aware of their management policies relating to labor
jurisdiction, the Court should refrain from resolving relations is a principal objective sought to be
such controversies unless the case falls under accomplished by the “confidential employee rule”
recognized and well-established exceptions. The
The rationale for their separate category and
doctrine of primary jurisdiction does not warrant a
disqualification to join any labor organization is
court to arrogate unto itself the authority to resolve a
similar to the inhibition for managerial employees
controversy the jurisdiction over which is initially
because if allowed to be affiliate d with a union, the
lodged with an administrative body of special
latter might not be assured of their loyalty in view of
competence.
evident conflict of interests and the union can also
In this case, organizational charts, detailed job become company-denominated with the presence of
descriptions, and training programs were presented by managerial employees in the union membership.
CCBPI before the Mediator-Arbiter, the SOLE, and the Having access to confidential information, confidential
CA. Despite these, the Mediator-Arbiter ruled that employees may also become the source of undue
employees who encounter or handle trade secrets and advantage. Said employees may act as a spy or spies of
financial information are not automatically classified either party to a collective bargaining agreement.
as confidential employees. It was admitted that the
Full text: G.R. No. 193798, September 09, 2015 - COCA-
subject employees encounter and handle financial as
COLA BOTTLERS PHILIPPINES, INC., Petitioner, v.
well as physical production data and other information
ILOCOS PROFESSIONAL AND TECHNICAL
which are considered vital and important from the
EMPLOYEES UNION (IPTEU), Respondent. : September
business operations' standpoint. Nevertheless, it was
2015 - Philipppine Supreme Court Decisions
opined that such information is not the kind of
(chanrobles.com)
information that is relevant to collective bargaining
negotiations and settlement of grievances as would EXAMPLE: If you are a supervisor, but at the same time
classify them as confidential employees. The SOLE, your employment is considered confidential because of
which the CA affirmed, likewise held that the your duties and responsibilities you are not eligible. If
you are a R&F employee, well generally, you are eligible
but if you are a confidential employee because of the

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nature of your duties and responsibilities, you are In this regard, Art. 250 of the LC, a long provision, will
likewise not eligible to form, join or assist in the formation define to us the rights and conditions of membership in a
of a labor organization. labor organization.

What is the reason why they are disqualified? The SC said Try to put yourself in a situation where you are now fully
that under the doctrine of necessary implication, since aware of the policy of the State to promote Unionism;
confidential employees take the same position as fully aware of the reason why workers organize
managerial employees, they are deemed disqualified by themselves into a labor organization; quite aware who
reason of conflict of interest. among of the EEs are eligible and not to form, join or
assist a labor organization; now, it’s about time to know
Can you just imagine a R&F confidential employee
what will be rights, duties and conditions of membership
becoming a member of the R&F union but at the same
in a labor organization.
time being too loyal with management, which will of
course hamper the interest of the R&F bargaining union. What does an EE expect if he decides to organize and form a
It will be to the disadvantage of the R&F bargaining labor organization? What does he expect to be his rights and
union. duties? What does he expect from the union with regard to the
conditions and retention of membership?
Same goes if you allow him to be a member to the R&F
union, it will be prejudicial to the management as well In drafting the Constitution and by-laws, one must be
because he holds confidential information that he can guided by Art. 250 of the LC. The way to study this topic
used against the management. So, to avoid that situation is to go to each of the subsections one by one.
from arising, the SC said that they are also deemed
If you try to look at Art. 250, it will tell you that the basic
disqualified under the doctrine of necessary implication.
document that every union or labor org. must have
Whether a R&F employee or supervisory employee, if would be constitution and by-laws.
you are a confidential employee which means that you
What do you understand by the constitution?
assist or in a confidential capacity in regard to persons
who formulate, determine or effectuate management That’s usually expresses the philosophy of the
policies specifically in labor relations, then you are not organization; defines the mission-vision of the
eligible to form, join or assist in a labor organization. organization; incorporating therein the general
principles that will underscore the organization.
TN: The confidential relationship must exist between the
employee and his superior officer and that officer must On the other hand, when you speak of Union’s by-laws,
handle the prescribe responsibilities relating to labor it is a more comprehensive document that defines the
relations. conditions of membership; conditions for admission, for
retention of membership in labor union. Aside from
What is the minimum qualification to be a member of a labor
that, it also defines the rights and duties of the members
union? What are the disqualifications for an employee to be an
to the union and duties and obligations of the union to
officer of a labor union?
its members. It also defines the list of officers including
PART 3 their duties, functions, responsibilities to their
members as officers of the union. It also provides the
The next thing, after knowing those who are eligible and
minimum qualifications to be a member of the union,
not eligible, is to organize the members into a labor
minimum qualifications to be elected or appointed
organization. Before proceeding to that, the EEs who
officer of the labor org. Both documents are very
intend to be members of an organization will have to
important and they are required by the LC.
come-up with constitution and by-laws. IOW, they must
draft and prepare the Union’s constitution and by-laws. NOTE: As to what will be the contents of the constitution
and by-laws, you will have to be guided by Art. 250.

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ART. 250 [241] RIGHTS AND CONDITIONS OF Union dues are exactions made from members for the
MEMBERSHIP IN A LABOR ORGANIZATION. survival and existence of the union. No organization
may successfully survive without funds or money.
a) No arbitrary or excessive initiation fees shall be
required of the members of a legitimate labor The LC expressly recognizes that for the survival and
organization nor shall arbitrary, excessive or existence of a labor organization. It must be allowed by
oppressive fine and forfeiture be imposed; law to collect union dues from its members.

NOTE: A Labor Union is NOT A FRATERNITY. They For non union members, the union may also assess what
are the same in the sense that they are both organizations. we call as agency fees. Provided, it is expressly stipulated
In a fraternity you have an initiation fee, the same thing by the union’s by-laws. Provided further, the non
is true with a labor org. member who is an employee in that establishment
benefits from the CBA.
Initiation fees = ADMISSION FEES. To be admitted as a
member, then the union, under its constitution and by- If you benefit from the CBA, although you are not a
laws, may prescribe a reasonable amount for the member of the union, the union which is the certified
initiation or so-called Admission fee. That is allowed by bargaining agent may assess agency fees that will no
law. The prohibition being that, it should NOT be longer require an individual written authorization.
arbitrary or excessive.
As you know, an employee cannot unjustly enrich
Fine and Forfeiture. Neither shall it be arbitrary, himself at expense of another. It’s fair and just that the
excessive or oppressive. They refer to those disciplinary union who has successfully negotiated a CBA may be able
sanctions/penalties that are paid by a member of a to collect agency fees from employees who are members
union or considered forfeited in case the member of a of the bargaining unit and who benefit from the CBA.
union violates the constitution and by-laws. Kung
The financial transactions, you know the legitimate labor
member ka and you violate constitution and by-laws, then
organizations enter into transactions and can get
you may be subject to fines and forfeitures.
donations from people. They can obtain sources of money
These are usually found in the union’s by-laws. The only and all these financial transactions will have to be
rule is that it must NOT be arbitrary, excessive or accounted for by the responsible officers or agents to their
oppressive. IOW, REASONABLE. members. They have to make a full and detailed reports.
This is consistent with the requirement of transparency in
These are penalties that has to be paid by a member of a
conducting affairs.
union for infractions/violations committed by the
member within the organization. In fact, there is a provision in the LC that authorizes the
Bureau of Labor Relations Director to conduct
You have to abide with what is prescribed in the
examination of the financial activities or transactions of
constitution and by-laws. If you misbehave and there’s a
the labor organization as part of its visitorial and
provision that imposes a fine & forfeiture, then you can
enforcement power.
be held liable as a member of the union.
Another provision here is on the election of officers. What
It’s the union that can hold you liable for violating the
is the minimum qualification of a member? You must be an
union’s constitution and by-laws.
employee or a worker in the establishment where the
b) The members shall be entitled to full and detailed union seeks to operate.
reports from their officers and representatives of all
EXAMPLE: I, as a faculty of USC and if I want to organize
financial transactions as provided for in the
a union. The minimum qualification is that I should be an
constitution and by-laws of the organization;
employee of USC where the union seeks to operate. You
Alam nyo yung constitution and by-laws, there will be a must not be a stranger, you must be an employee.
provision there of the payment of union dues.

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NOTE: The purpose of organizing a labor union is for However, the LC allows the members of the labor
collective bargaining. The right to collective bargaining organization to decide on questions involving major
may only be exercised if there exist an EER between the policies that will affect the entire the membership of the
employer and employee who are represented by the labor organization. The LC allows that to be done through
certified bargaining union. secret ballot after due deliberation.

This is probably the only minimum requirement required There is an exception where secret ballot can be dispense
by law and that is to be an employee or worker in an with in which case the board of directors may decide on
establishment where the union seeks to operate. behalf of the general membership.

However, if you look at Art. 250 when it speaks to being EXAMPLES: You are created as an independent union
elected as an officer, there are additional requirements: and you decide to affiliate with the federation or national
you must be a member of good standing which means union. Definitely the matter of affiliating is a question of
that you must be a member of the union in good standing. major policy. So, the LC allows the general membership
It means you are not delinquent in the payment of your to vote by secret ballot whether they agree to that
union dues. You are fully compliant with the union’s affiliation or not. Moreover, affiliation by a local or
constitution and by-laws. chapter from a federation or national union is also a major
policy that may allow the general membership to vote by
The LC also prescribes additional qualifications to elected
secret ballot to decide whether to disaffiliate or not.
or appointed as an officer of the union. One of which is
that you must not be convicted of a crime involving g) No officer, agent or member of a labor organization
moral turpitude. A crime involving moral turpitude shall collect any fees, dues, or other contributions in its
connotes a breach of trust which affects the integrity of behalf or make any disbursement of its money or funds
the individual. unless he is duly authorized pursuant to its
constitution and by-laws;
EXAMPLE: If you commit estafa, definitely the LC,
disqualifies the union member from being elected or This is what I’m saying, ordinarily you have the President
appointed as an officer. That’s the additional of the union, you have the VP, and you have the secretary,
qualification. and the treasurer of the labor organization. Each of these
officers, we have defined their duties and functions and
NOTE: The term of office the union officers as provided
they are found in the Constitution and by-laws. They will
here is five years. They occupy that position for the next
have to faithfully abide with it, and aside from that,
five years until they are re-elected depending on the
they cannot make disbursements unless it is so
provisions of the constitution and by-laws.
authorized under the union’s constitution and by-laws.
d) The members shall determine by secret ballot, after
Of course the constitution and by-laws can provide for
due deliberation, any question of major policy affecting
the salaries and per diem of the officers in attending
the entire membership of the organization, unless the
union meetings.
nature of the organization or force majeure renders
such secret ballot impractical, in which case, the board EXAMPLE: The law prohibits payment of any
of directors of the organization may make the decision compensation to the officers of the labor union. If you are
in behalf of the general membership; an officer, you are not an employee of the labor union.
You are a member of the labor union, you are an officer,
Please put an asterisk on letter D because letter D will
you are not an employee of the labor union and therefore
provide an instance when the members of the labor
you are not entitled for compensation for services
organization may decide on questions of major policy
rendered. What could be allowed would be salaries and
affecting the entire membership of the organization
expenses due to their positions provided that they are
because ordinarily, a labor union has its board of trustees
specifically found in the constitution and by-laws.
and it is the board of trustees that manages and operates
the labor organization.

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With regard to union dues, if you are a member of the become members of the labor union. It will be against the
union, then the LC allows deduction from the union policy of the state if we will allow the union to be
members’ wages from the establishment if there is an discriminatory as regards admission of members of that
individual written authorization. If there is no individual organization. Dapat everything should be reasonable.
written authorization, but there is a check-off provision in
Any dispute involving issues involving a member and the
the CBA that is been duly ratified, then that will dispense
union may qualify intra-union dispute and will be under
with individual written authorization for purposes of
the jurisdiction of the Bureau of Labor Relations which,
payment of union dues.
under the LC, has the power and authority to act on inter-
IOW, for the union to collect union dues, the member union and intra-union disputes.
must execute an individual written authorization.
PART 4
However, that could be dispensed with if the union has
an existing CBA with the establishment and the CBA Previously, we discussed the establishments wherein EEs
contains a check-off provision authorizing deduction of may form and organize a labor org; who among the EEs
union dues from the wages of the union member. are eligible or not to exercise the right to self-
organization; and the rights and conditions of
With regard to special assessment or extraordinary fees
membership in a labor org.
that cannot be carried out by mere check-off provision.
The law specifically requires that for special assessment TOPIC: How a labor organization is formed and
or other extraordinary fees like payment of fees to the organized as well as registered as a legitimate labor
union’s lawyer (attorney’s fees), there must be a written organization.
resolution of the majority of the members in a general
Look at Arts. 240, 241 and 244 of the LC.
membership meeting authorizing such special
assessment or payment of extraordinary fees. Art. 240 refers to the formation, organization and
registration of an independent union, including a
In what instance may the union collect special assessment or
federation, national union or industry as well as a trade
extraordinary fees? Would a check-off be adequate? No. There
union center.
must be an authority by a written resolution of majority
of all the members in a general membership meeting In Art.241 speaks about formation and organization of a
called for the purpose. local chapter through the process of chartering.

NOTE: For mandatory activities like conducting a labor Art. 244 speaks of registration of a federation or a
seminar, labor education seminar to appraise the national union, in addition to what has been provided
members of the existing Labor Law; conducting a labor under Art. 240.
seminar and orientation for new members. If they will
qualify as mandatory activities, there is no need for a If you try to prepare an outline and consolidate all these
resolution of the majority of the members. Individual provisions, these will tell you that the LC provides the
written authority from the member himself will suffice. modes of acquisition of legal personality by a labor
organization. The modes of creating, forming &
When you become a member of a labor organization, you organizing a labor organization can be made either by:
have to comply with the minimum qualifications and the
qualifications prescribed by the union’s constitution and creating an independent union; OR
by-laws. The union is authorized to prescribe creating a local chapter through the process of
conditions for membership as well as retention of chartering.
membership as long as these conditions are not CREATION OF AN INDEPENDENT UNION. Most
arbitrary or unreasonable because as you are quite basic union that usually exists at the enterprise level;
aware, the policy of the state is to promote unionism, it otherwise known as a Local Union.
encourages the employees in the establishment to
organize themselves into a labor union and eventually to

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Try to imagine yourself being employed in an registration as an independent union. Very simple
establishment eligible to form and organize a labor org. requirements are provided under Art. 240.
You may want to form & organize an independent labor
1st REQUIREMENT: PAY P50.00 REGISTRATION FEE.
union.
Very minimal because the policy of the State is to promote
If you want to form & organize an independent labor Unionism, encourage workers to organize themselves
union, you have to be guided by Art. 240, LC. into a labor organization so that they could exercise the
right to collective bargaining and negotiation, among
ART. 240 [234] REQUIREMENTS OF
other Constitutional rights. The State does NOT intend to
REGISTRATION.
make it difficult for workers to organize themselves into
- A federation, national union, or industry or trade a labor organization.
union center or an independent union shall acquire
This is merely a regulatory fee. Merely intended to,
legal personality and shall be entitled to the rights
perhaps, cover the cost in processing your application
and privileges granted by law to legitimate labor
for registration. Being a regulatory fee, it must always be
organizations upon issuance of the certificate of
reasonable and not excessive or unconscionable.
registration based on the ff. requirements:
The fee is NOT intended to curtail the freedom of the
a) P50.00 registration fee;
workers to form & organize a labor organization; it is
b) The names of its officers, their addresses, the merely intended to police the rank among the labor
principal address of the labor organization, the organizations to enable the State to protect the workers
minutes of the organizational meetings and the list of against fly-by-night or unscrupulous labor unions.
the workers who participated in such meetings;
If we do not provide a mechanism for registration, you
c) In case the applicant is an independent union, the can just imagine unions sprouting everywhere and trying
names of all its members comprising at least 20% of to exact money from his members to the prejudice and
all the employees in the bargaining unit where it detriment of the working men. The State does not want to
seeks to operate; do that nor allow that to happen that’s why it provided a
provision for registration.
d) If the applicant union has been in existence for one
or more years, copies of its annual financial reports; If you register, then you will have to be submitting to
and the State regulation and the State could closely monitor
the union, the officers who are operating the union. In
e) Four copies of the constitution and by-laws of the doing so, the State can better protect workers who may be
applicant union, minutes of its adoption or members of that labor union against illegal acts – which
ratification, and the list of the members who are usually committed by unscrupulous / fly-by-night
participated in it. labor organizations.
If you want to create, organize & form an independent 2ND REQUIREMENT. EXAMPLE: I would like to apply
union, you must be able to secure a certificate of for the registration of the USC College of Law R&F
registration. Faculty Union. In order to acquire legal personality, I
CERTIFICATE OF REGISTRATION. It will confer need to apply for registration and for the issuance of the
upon you, upon its issuance, a legal personality as a Certificate of registration.
legitimate labor organization. Without this, your labor Aside from paying the registration fee, I have to submit,
org. is NOT considered a legitimate labor organization. together with my application for registration, the names
You could NOT, therefore, exercise the rights provided of the union officers including their addresses and the
by the LC to a legitimate labor organization. principal address of the labor union. Yun yung mga basic
You need to acquire legal personality and acquisition can personal circumstances that must be disclosed whenever
only be done when you are issued a certificate of you apply for the issuance of the certificate of registration.

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At least the gov’t would know who are these people who What I’m trying to say is there is more strength and
would be managing and operating the union, who would bargaining power and resources if a local chapter is
be collecting union dues from its members, who can be created by federation or national union. That’s one of the
held accountable in case there is misuse or significant requirements to create an independent union.
maladministration of union’s affairs and transactions. At
In my opinion, it’s also quite difficult to get at least 20%
least ma monitor ng govt, magkaroon ng record yung govt.
because if you have 1,000 employees and the 20 % is only
3RD REQUIREMENT. This is one requirement that equivalent to 200 employees. You might say that it’s a
distinguishes the registration of an independent union small group of people but if you start recruiting them to
from the registration of a local/chapter through the be a member of your union, that’s when you realize that
process of chartering. it’s difficult to recruit them.

This means that if I want my independent union to secure Even in the Student Council, if the students wouldn’t
a certificate of registration, I also need to submit the want to be part of the student council, the recruiters
names of the members of that union & the names must would have difficult time inviting them to be members of
comprise at least 20% of all the EEs in the bargaining unit the student council. It’s just like any other organization.
where it seeks to operate. So, that’s the most significant requirement which
distinguishes it from the other modes of creating a labor
EXAMPLE: If there are 30 USC R&F faculty members,
organization.
20% of 30 would be what? *send-help-jmm-face.jpg lol* 6.
So, I need to submit the names of at least 6 R&F Faculty 4th REQUIREMENT. If the applicant union has been in
members together with my application for registration. existence for one or more years, copies of its annual
These members must be EEs in the bargaining unit where financial reports.
the applicant union seeks to operate.
As you know the union, collects money from members for
You will notice later that in the other mode of creating, its survival and existence. The union may accept
forming or organizing a labor org. which is through the donations from sources outside the organization.
process of chartering, this 20% is NOT REQUIRED. Why? Therefore, it is duty bound to render a full and detailed
Because the State prefers the creation of a local/chapter report on these financial transactions.
through the process of chartering than an independent
If the union has been operating for at least one year, one
union. Between an independent union and a local chapter
of the requirements is the submission of a financial report.
created through chartering, the State favors local chapter
If less than one year, there’s no need to submit the
being formed and organized as a labor organization
financial report.
because if you are a local or chapter of federation or
national union that is issued with a charter certificate, 5th REQUIREMENT. Last but not the least, the
then at least your bargaining power is stronger compared importance of union’s constitution and by-laws. They
to a mere independent union that operates at the will also have to be submitted together with the
enterprise level. application for registration. The constitution and by-laws
will not be effective unless it has been ratified by at least
IOW, if I were to form an independent union in USC
majority of all the union members or such number of
College of Law, to count R&F faculty members, I am only
votes as may be provided by union’s constitution and by-
small time because I exist at USC. But, if I would be a local
laws.
chapter of a federal or national union like TUCP then in
effect I would be backed up by a larger labor Aside from the submission of the constitution, you have
organization. to submit the minutes of the adoption or ratification
including the list of members who participated in the
In terms of bargaining strength and bargaining resources,
adoption or ratification of the constitution and by-laws.
I would be better off with a local chapter than just a mere
independent union. Of course, their powers as define by It’s only a few requirements to be issued a certificate of
the LC is more or less the same. registration. The list of requirements we mentioned are
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the same requirements that must be submitted if the That federation or national union can apply for
applicant for registration is a federation, national union, registration as a federation or national union. There’s at
industry or a trade union center. least ten back-ups of locals or chapters.

In addition to that, if it were a federation, national union, Each of the independent union is required to be a certified
industry or a trade union center, you have to go to Art. bargaining agent in the establishment in which it
244 because there are additional requirements. operates. We have UC R&F faculty union, certified as
exclusive bargaining unit. Another, USJR R&F faculty
ART. 244 [237] ADDITIONAL REQUIREMNETS
union also a certified bargaining agent of USJR. Gagawin
FOR FEDERATIONS OR NATIONAL UNIONS.
mo siyang at least ten.
Additional requirements for federations or national
Now, if you have that the federation or national union can
unions. Subject to Article 238 (Now Art. 44), if the
apply for a certificate of registration as a legitimate labor
applicant for registration is a federation or a national
organization.
union, it shall, in addition to the requirements of the
preceding Articles, submit the following: 2ND REQUIREMENT At least the government can see the
address of the company then the government can easily
(a) Proof of the affiliation of at least ten (10) locals or
verify the company whether there exist a certified
chapters, each of which must be a duly recognized
bargaining agent which is affiliated by this federation or
collective bargaining agent in the establishment or
national union.
industry in which it operates, supporting the
registration of such applicant federation or national By the way, this is more of understanding the
union; and requirements. It’s more of you looking at the
requirements and understanding what it means. Also,
(b) The names and addresses of the companies where
appreciate the logic behind the imposition the
the locals or chapters operate and the list of all the
requirements.
members in each company involved.
ART. 241 [234-A] CHARTERING AND CREATION
1st REQUIREMENT The proof of affiliation is important
OF A LOCAL CHAPTER.
for to support the registration of such applicant
federation or national union. You can just imagine, an A duly registered federation or national union may
independent union operates at the enterprise level. If you directly create a local chapter by issuing a charter
look at the federation or national union, it is a much larger certificate indicating the establishment of the local
type of organization. chapter. The chapter shall acquire legal personality
only for purposes of filing a petition for certification
In fact, a federation or national union cannot secure a
election from the date it was issued a charter certificate.
certificate of registration unless it has proof of affiliation
of at least 10 locals or chapters. Each of which must be a How is a local chapter created? A local chapter is created
duly certified collective bargaining agent in the simply by a duly registered federation or national union
establishment in which it operates. issuing a charter certificate creating a local chapter. Yung
certificate of creation of a local or chapter will be issued
EXAMPLE: In my first example, we have an independent
by the government once the applicant local chapter is able
union consisting of the USC College of Law R&F faculty
to submit certain list of requirements or the federation or
members. That’s for USC.
national union acting on behalf of the local chapter is able
Now, if there’s a federation or national union, like the to submit certain list of requirements.
TUCP, one of the largest and most respected labor
But here, it is simple a shortcut of everything. You want
organization in the country. The TUCP has an affiliate of
to create a local chapter, you just have to get a federation
at least ten locals or chapters. One local chapter from UC,
or national union which is duly registered to issue you
Ateneo College of Law, UV so on and so forth.
a charter certificate and from the date that you are issued
a charter certificate, then that local chapter or federation
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or national union on behalf of the local chapter may now as well as the principal office where the chapter
file a petition for certification election but only for that will operate.
limited purpose.
2. The chapters’ constitution and by-laws: Provided, that
IOW, if it were an independent union, you cannot file a
where the chapter’s constitution and by-laws are the
petition for certification election without a certificate of
same as that of the federation or national union, this
registration issued by the government. But here, a local
fact shall be indicated accordingly.
chapter that has been created as such through the
In fact, you can dispense submitting the local
issuance of a charter certificate by a federation or
chapter’s constitution and by-laws if the
national union will suffice will confer local legal
Constitution and by-laws of the local chapter is
personality upon the local chapter to file a petition for
more or less the same as that of the federation. So,
certification election.
all you need is just to indicate that they are more
That is a wide difference there, an independent union or less the same as the federation or national
before it can file a petition for certification election, it union.
must be issued a certificate of registration. The
certificate of registration will only be issued by the This additional supporting requirements will be certified
government once they have submitted all the under oath by the secretary of the union or treasurer of
requirements I have mentioned earlier. But in a case of a the chapter and attested by its president.
local chapter, it can already exercise the rights of a
legitimate labor organization but limited solely to file a From a long list of requirements in creating or organizing
petition for certification election once it has been issued an independent union, the law came up with a very short
a charter certificate by a duly registered federation or a list of requirements when it comes to the creation of a
national union. local chapter through the process of chartering.

Why is that so? Because the state favors the creation of a

EXAMPLE: A local chapter is created by a federation or
local chapter because if a local chapter is created by a
national union through the issuance of a charter
federation or national union, there is more bargaining
certificate. From the date of issuance of a charter
strength, bargaining power, bargaining resources so on
certificate, a local chapter is now entitled to file for a
and so forth. If you have more bargaining strength,
petition for certification election. If it does not want to
bargaining power and bargaining resource, you have a
disclose its identity, it may have the federation or national
better leverage to deal with management for the
union to act on its behalf to be the one to file the
betterment of the terms and conditions of the workers’
certification election.
employment. Mas better yon compared sa mga small time
independent union.
Assuming that the certification election has prospered
The chapter shall be entitled to all other rights and and it resulted to the local chapter being certified as the
privileges to a legitimate labor organization only upon sole exclusive bargaining agent, in order for that local
the submission of the following documents in addition to chapter which has been certified as the sole exclusive
charter certificate: bargaining agent to exercise all the other rights and
privileges of a legitimate labor organization, all that it
1. The names of the local chapter’s officers, their needs to do is just to submit the two additional
addresses and the principal office of the chapter. requirements under Article 241, namely: 1) the names of
In the creation of a local chapter, in the process of the chapters’ officers and address; and 2) The chapter’s
chartering, what you submit is the names of the Constitution or by-laws, unless where it is the same as
chapter’s officers. You do not submit the names the federation or national union then such fact shall be
of the members of labor union, only the names of indicated in the submission of the supporting
the chapter’s officers including their addresses, documents.

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DO No. 40-F-03 Series of 2008 The LC does not mention the registration of workers’
association. When it comes to workers’ association, you
have to get your DO 40-03 as amended because under this
implementing rule, there is a provision on registration of
labor organization. It mentions workers’ association.

We don’t need to go over to each one of its requirements because

each requirements is self-explanatory. What you just have to do
is just to submit these requirements.

For purposes of affiliation, if you are an independent

union and you want to strengthen your organization by
affiliating with the federation or national union. There is
also a requirement for affiliation in the implementing
rules.

DO 40-03 as amended

RULE III

You will notice the 20% requirement applicable to the REGISTRATION OF LABOR ORGANIZATIONS
creation of an independent union is not found in Article Section 1. Where to file. – Applications for registration
241 when it comes to the creation of a local chapter of independent labor unions, chartered locals, and
through the process of chartering as long as you have a workers’ associations shall be filed with the Regional
sizeable number of members that would function the Office where the applicant principally operates. It shall
union, then it is more than adequate to create and be processed by the Labor Relations Division at the
organize a local chapter. Wala siyang minimum number of Regional Office in accordance with Sections 2-A, 2-C,
people but of course, the number of people (atty’s opinion and 2-E of this Rule.
only) must be sizeable enough to function as a local
chapter. Applications for registration of federations, national
unions or workers’ associations operating in more than
You must have at least a set of officers to run the local one region shall be filed with the Bureau or the
chapter because if you are created by a federation or a Regional Offices, but shall be processed by the Bureau
national union, the federation or national union can guide in accordance with Sections 2-B and 2-D of this Rule.
you, supervise you and control you in the operation of
Section 2. Requirements for application. – A. The
that local chapter.
application for registration of an independent labor
union shall be accompanied by the following
If you win in a certification election, and the local chapter
documents:
has been certified as the exclusive collective bargaining
agent then one of the union security clause that can be 1) the name of the applicant labor union, its principal
negotiated by this local chapter is what is otherwise address, the name of its officers and their respective
known as a ‘closed shop agreement’, wherein all addresses, approximate number of employees in the
employees in the establishment may have to become bargaining unit where it seeks to operate, with a
members of this certified bargaining union. Dadami din statement that it is not reported as a chartered local of
yung membership ng local chapter eventually. When that any federation or national union;
local chapter has won the certification election and
certified as the sole exclusive bargaining agent. That’s the
least of its weary yung membership ng local or chapter.

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2) the minutes of the organizational meeting(s) and the 5) the resolution of affiliation of at least ten (10)
list of employees who participated in the said legitimate labor organizations, whether independent
meeting(s); unions or chartered locals, each of which must be a
duly certified or recognized bargaining agent in the
3) the name of all its members comprising at least 20%
establishment where it seeks to operate; and 6) the
of the employees in the bargaining unit;
name and addresses of the companies where the
4) the annual financial reports if the applicant has been affiliates operate and the list of all the members in each
in existence for one or more years, unless it has not company involved.
collected any amount from the members, in which case
Labor organizations operating within an identified
a statement to this effect shall be included in the
industry may also apply for registration as a federation
application;
or national union within the specified industry by
5) the applicant’s constitution and by-laws, minutes of submitting to the Bureau the same set of documents.
its adoption or ratification, and the list of the members
C. The application for registration of a workers’
who participated in it. The list of ratifying members
association shall be accompanied by the following
shall be dispensed with where the constitution and by-
documents:
laws was ratified or adopted during the organizational
meeting. In such a case, the factual circumstances of the 1) the name of the applicant association, its principal
ratification shall be recorded in the minutes of the address, the name of its officers and their respective
organizational meeting(s). addresses;

B. The application for registration of federations and 2) the minutes of the organizational meeting(s) and the
national unions shall be accompanied by the following list of members who participated therein;
documents:
3) the financial reports of the applicant association if it
1) a statement indicating the name of the applicant has been in existence for one or more years, unless it
labor union, its principal address, the name of its has not collected any amount from the members, in
officers and their respective addresses; which case a statement to this effect shall be included
in the application;
2) the minutes of the organizational meeting(s) and the
list of employees who participated in the said 4) the applicant’s constitution and by-laws to which
meeting(s); must be attached the names of ratifying members, the
minutes of adoption or ratification of the constitution
3) the annual financial reports if the applicant union
and by-laws and the date when ratification was made,
has been in existence for one or more years, unless it
unless ratification was done in the organizational
has not collected any amount from the members, in
meeting(s), in which case such fact shall be reflected in
which case a statement to this effect shall be included
the minutes of the organizational meeting(s).
in the application;
D. Application for registration of a workers’
4) the applicant union’s constitution and by-laws,
association operating in more than one region shall be
minutes of its adoption or ratification, and the list of
accompanied, in addition to the requirements in the
the members who participated in it. The list of ratifying
preceding subsection, by a resolution of membership
members shall be dispensed with where the
of each member association, duly approved by its
constitution and by-laws was ratified or adopted
board of directors.
during the organizational meeting(s). In such a case,
the factual circumstances of the ratification shall be E. “A duly-registered federation or national union may
recorded in the minutes of the organizational directly create a local/chapter by issuing a charter
meeting(s); certificate indicating the establishment of the
local/chapter.

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The local/chapter shall acquire legal personality only (d) the date when the labor organization acquired
for purposes of filing a petition for certification election legitimate personality as stated in its original certificate
from the date it was issued a charter certificate. The of registration/certificate of creation of chartered local.
local/chapter shall be entitled to all other rights and
Section 6. Report of affiliation with federations or national
privileges of a legitimate labor organization only upon
unions; Where to file. – The report of affiliation of an
the submission of the following documents in addition
independently registered labor union with a federation
to its charter certificate:
or national union shall be filed with the Regional Office
(a) The names of the local/chapter’s officers, their that issued its certificate of registration.
addresses, and the principal office of the local/chapter;
Section 7. Requirements of affiliation. – The report of
and
affiliation of independently registered labor unions
(b) The chapter’s constitution and by-laws provided, with a federation or national union shall be
that where the chapter’s constitution and by-laws are accompanied by the following documents:
the same as that of the federation or the national union,
(a) resolution of the labor union’s board of directors
this fact shall be indicated accordingly. The
approving the affiliation;
genuineness and due execution of the supporting
requirements shall be certified under oath by the (b) minutes of the general membership meeting
Secretary or Treasurer of the local/chapter and attested approving the affiliation;
to by its President.”
(c) the total number of members comprising the labor
Section 3. Notice of change of name of labor organizations; union and the names of members who approved the
Where to file. – The notice for change of name of a affiliation;
registered labor organization shall be filed with the
(d) the certificate of affiliation issued by the federation
Bureau or the Regional Office where the concerned
in favor of the independently registered labor union;
labor organization’s certificate of registration or
and
certificate of creation of a chartered local was issued.
(e) written notice to the employer concerned if the
Section 4. Requirements for notice of change of name. – The
affiliating union is the incumbent bargaining agent.
notice for change of name of a labor organization shall
be accompanied by the following documents: (a) proof Section 8. Notice of Merger/Consolidation of labor
of approval or ratification of change of name; and (b) organizations; Where to file. – Notice of merger or
the amended constitution and by-laws. consolidation of independent labor unions, chartered
Section 5. Certificate of Registration/Certificate of Creation locals and workers’ associations shall be filed with and
recorded by the Regional Office that issued the
of Chartered Local for change of name. – The certificate of
certificate of registration/certificate of creation of
registration and the certificate of creation of a chartered
chartered local of either the merging or consolidating
local issued to the labor organization for change of
labor organization. Notice of merger or consolidation
name shall bear the same registration number as the
of federations or national unions shall be filed with and
original certificate issued in its favor and shall indicate
recorded by the Bureau.
the following:
Section 9. Requirements of notice of merger. – The notice
(a) the new name of the labor organization;
of merger of labor organizations shall be accompanied
(b) its former name; by the following documents:

(c) its office or business address; and (a) the minutes of merger convention or general
membership meeting(s) of all the merging labor
organizations, with the list of their respective members
who approved the same; and

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(b) the amended constitution and by-laws and minutes (c) the name of the labor organizations that were
of its ratification, unless ratification transpired in the consolidated;
merger convention, which fact shall be indicated
(d) its office or business address; and
accordingly.
(e) the date when each of the consolidating labor
Section 10. Certificate of Registration. – The certificate of
organizations acquired legitimate personality as stated
registration issued to merged labor organizations shall
in their respective original certificates of registration.
bear the registration number of one of the merging
labor organizations as agreed upon by the parties to the
merger. The certificate of registration shall indicate the
following: When you submit the application for registration, you
have to submit with the regional office of the DOLE,
(a) the new name of the merged labor organization; where the union applicants principally or seeks to operate
and that application for registration will have to be
(b) the fact that it is a merger of two or more labor
processed by the Labor Relations division of the DOLE.
organizations;
If you want to know what is meant by Labor Relations
(c) the name of the labor organizations that were
Division, you take a look at the DO 40-03 as amended
merged;
because there is a definition of terms of what is meant by
(d) its office or business address; and the Labor Relations Division.

(e) the date when each of the merging labor DO 40-03 as amended
organizations acquired legitimate personality as stated
(ee)“Labor Relations Division” refers to the (1) Labor
in their respective original certificate of registration.
Organization and CBA Registration Unit and (2)
Section 11. Requirements of notice of consolidation. – The Med-Arbitration Unit in the Regional Office. The
notice of consolidation of labor organizations shall be Labor Organization and CBA Registration Unit is in
accompanied by the following documents: charge of processing the applications for registration of
independent unions, chartered locals, workers’
(a) the minutes of consolidation convention of all the
associations and collective bargaining agreements,
consolidating labor organizations, with the list of their
maintaining said records and all other reports and
respective members who approved the same; and
incidents pertaining to labor organizations and
(b) the amended constitution and by-laws, minutes of workers’ associations. The Med-Arbitration Unit
its ratification transpired in the consolidation conducts hearings and decides certification election or
convention or in the same general membership representation cases, inter/intra-union and other
meeting(s), which fact shall be indicated accordingly. related labor relations disputes.

Section 12. Certificate of Registration. – The certificate of D.O.-40-03-A-I-final-version.pdf (dole.gov.ph)

registration issued to a consolidated labor organization
Sila yung nagproporcess because they have a labor
shall bear the registration number of one of the
organization registration unit. Meron silang labor
consolidating labor organizations as agreed upon by
organization and collective bargaining agreement
the parties to the consolidation. The certificate of
registration unit aside from the Med-Arbitration unit,
registration shall indicate the following:
they are within the Labor Relations Division. They are
(a) the new name of the consolidated labor tasked to process itong mga application for registration.
organization;
But the power and authority to act, belongs to the
(b) the fact that it is a consolidation of two or more Bureau of Labor Relations. In fact, the power to cancel
labor organizations; union registration, likewise belongs to the Bureau of
Labor Relations.

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Those are the modes of forming and organizing a labor If the application for registration is approved by the BLR,
organization. It’s just a matter of choosing which one is then a certificate of registration will have to be issued or
best suited to you and the checklist of requirements are certificate of creation of a local/chapter will have to be
quite easy to understand. issued. From date of issuance will be the date when the
labor organization shall acquire legal personality to
Once you have fully submitted the design then the same
exercise all the rights of a legitimate labor organization.
would have to be examined by the labor relations
division and if your application is complete, there is There may be some instances when the application for
nothing missing there, then you could expect the registration is denied by the BLR.
issuance of a certificate of registration.
Under the LC, if the application for registration is denied
Just to make this clear: If it were an application by an by the BLR Division in the regional office of the DOLE,
independent, application by a federation or national then an appeal may be brought by an aggrieved party to
union or industry or a trade union center, what will the BLR.
confer legal personality upon them is a certificate of
On the other hand, if it were the BLR that acted and
registration.
eventually denied the application for registration, since
When will they acquire legal personality? It is from the date the BLR will be exercising its original jurisdiction, an
of issuance of that certificate of registration. appeal may be brought to the SOLE.

On the other hand, when they come to the creation of a What instances do you think when an application for
local chapter through the process of chartering, what is registration may be denied?
issued by the Labor Relations Division or the Bureau of
 If you fail to submit and comply with the
Labor Relations, it is a certificate of creation of a local
requirements for registration – an instance for
chapter (charter certificate).
the denial of your application for registration.
These are different sets of documents. One is a certificate
We made mention of this long list of requirements for
of registration while the other is a certificate of creation of
union registration.
a local chapter. Both coming from the Bureau of Labor
Relations or Labor Relations Division of the DOLE. EXAMPLE: You’re applying for registration as an
independent union and you failed to submit the names of
NOTE: It’s the date of issuance of these papers that will
the members comprising at least 20% of the EEs in the
confer legal personality upon these labor organizations.
bargaining unit, then your application for registration
For next meeting: The rights of a legitimate labor may be denied.
organization.
NOTE: For purposes of approving or denying your
We will assume that you have been issued a certificate of application, note of the meaning of BLR for purposes of
registration; we will assume that you have been issued a this Title.
certificate of creation of a local chapter. Since you have
ART. 219 (b)
been issued one, then you can now exercise the rights of
a legitimate labor organization. “Bureau” – means the Bureau of Labor Relations
and/or the Labor Divisions in the regional offices in
LAST PART
the DOLE.
The last time we made mention about application for
Actions on applications for registration may be acted by
registration of a labor organization, we specifically
the BLR in the regional office OR the BLR itself, so as
mentioned an independent union; of a
not to create any confusion.
local/chapter/chartered local; of federation of national
union and trade union center. We discussed the power GROUNDS FOR CANCELLATION OF UNION
and authority of the BLR to act on applications for REGISTRATION. We have to know whether the
registration of labor organizations.
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certificate of registration of a labor organization may also majority of all its members or as otherwise as may be
be susceptible of cancellation. provided in the union’s constitution or by laws.

ART. 245 [238] CANCELLATION OF EXAMPLES: If a union submits an application for

REGISTRATION. registration of a labor organization and fraudulently
writes in the application that the constitution or by-laws
The certificate of registration of any legitimate labor
has been ratified, when in fact it has not been ratified at
organization, whether national or local, may be
all. Another, if the union submits a list of individuals who
cancelled by the Bureau, after due hearing, only on the
purportedly ratified when in fact it was not ratified at all,
grounds specified in Article 247 of the Labor Code.
then that will also be a ground for cancellation of union
It’s quite clear here that the power and authority to act on registration.
application for registration of a labor organization is
(b) That’s how important it is also to truthfully provide
vested upon the Bureau of Labor Relations. It’s also the
information on the names of officers including the
Bureau of Labor Relations under Art. 245, that may order
election of these officers. If there are any
the cancellation of a certificate of registration of any
misrepresentations and fraud in connection with the
legitimate labor organization whether it is national or
election of these officers, then that is considered a ground
local.
for cancellation of union registration.
The grounds for cancellation are limited only to the
(c) This may also result in the cancellation of union
grounds spelled out in Art. 247 of the LC.
registration. However, for voluntary dissolution by the
ART. 247 [239] GROUNDS FOR CANCELLATION members you have to read that in connection with the
OF UNION REGISTRATION. succeeding article, Art. 248.

The following may constitute grounds for cancellation ART. 248 [239-A] VOLUNTARY CANCELLATION
of union registration: OF REGISTRATION.

(a) Misrepresentation, false statement or fraud in The registration of a legitimate labor organization may
connection with the adoption or ratification of the be cancelled by the organization itself:
constitution and by-laws or amendments thereto, the
Provided, That at least two-thirds of its general
minutes of ratification, and the list of members who
membership votes, in a meeting duly called for that
took part in the ratification;
purpose to dissolve the organization: Provided,
(b) Misrepresentation, false statements or fraud in further, That an application to cancel registration is
connection with the election of officers, minutes of the thereafter submitted by the board of the organization,
election of officers, and the list of voters; attested to by the president thereof.

(c) Voluntary dissolution by the members Now, voluntary dissolution by the members is of course
one of the newest or recent ground for cancellation of
union registration.

(a) That’s how important the union’s constitution and by- In the past, before this ground became a ground for
laws. If there’s any misrepresentation, false statement, or cancellation, when a union is duly registered and is
fraud in connection with the adoption or ratification of issued a certificate of registration, the union will last
the constitution and by-laws, that is clearly recognized by indefinitely, there is no expiration of the registration of
the LC as a ground for cancellation of union registration. the labor organization.

As I’ve mentioned earlier, in order for the union However, while it is true that a certificate of registration
constitution and by-laws to be effective, it also needs to will be valid indefinitely until it is cancelled by the
be adopted or ratified by the union by a vote of at least appropriate government agency in accordance with the
LC, we have to emphasize that the law now allows the

University of San Carlos – School of Law and Governance | CUARTEROS  CUYOS GEIRFOMOLINA 25
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 LABOR RELATIONS
ATTY. JMM | A.Y. 2020 – 2021
members themselves to voluntary dissolve the Act on the application for registration and also has the
organization and all they need is a board resolution power to order cancellation of union registration.
authorizing the dissolution of the organization and that
Of course, if the matter of cancellation of union
board resolution being ratified by at least two-thirds of
registration reaches the BLR and there is no more appeal
all its members in a meeting duly called for the purpose
before of the Labor Relations then petition for certiorari
of dissolving the organization.
may be brought directly to the CA. However, if the BLR
Once they have this board resolution and they have the exercises original jurisdiction on the cancellation of the
vote of the ratification by at least two-thirds of all its union registration and the appeal is brought to the SOLE,
members, then the union may now file an application then a petition for certiorari may be filed with the CA
with the Bureau of Labor Relations for the cancellation of from the decision or order of the SOLE. It would depend
registration using this document to support the on who acted on the application for cancellation of union
application for registration, and once the Bureau finds registration or denial of application for union
out that the application for cancellation of union registration.
registration satisfactorily meets the requirements of the
The appeal from the LRD to the Bureau, from the BLR to
law, then the Bureau can act on it and order the
the SOLE will have to be made within 10 calendar days.
cancellation of the registration.
If there is no more appeal at the level of the BLR or the
Once the cancellation becomes final, then it means that SOLE as the case may be, then ofc we can use the rules of
there is no appeal from that order of cancellation. Then, CivPro, particularly Rule 65 of the Rules of Court on
it will now have the effect of voluntarily dissolving the petition for certiorari to the CA, and ofc from the CA
labor organization itself. eventually to the SC, and the Rule 45 of the Rules of
CivPro.
This is a new provision and there has been no SC decided
cases on this matter yet.

In the past (kalimotan na kasi yung past atty), there are so

many grounds for cancellation of union registration but
the Congress has deemed it fit to strengthen the right of
workers to self-organization and now has decided to
narrow down the grounds of cancellation into three.

Memorize these grounds!!!

CANCELLATION OF UNION REGISTRATION:

JURISDICTION AND PROCEDURE. When we speak of
Bureau under the definition of terms, it refers to the
Bureau of Labor relations and/or the Labor Relations
Division in the Regional office of the DOLE.

If the cancellation of the union registration is acted upon

by the Labor Relations Division (LRD) in the Regional
office, then an appeal may be brought to the Bureau of
Labor Relations (BLR). If the cancellation of the union
registration is made by the Bureau of Labor Relations
itself, as in the case of the certificate of registration of a
federation or national union, or a trade union center, then
an appeal may be brought directly to the Secretary of
the DOLE.

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