Labor by Azucena

8/12/2019 Labor by Azucena

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LABOR RELATIONSBOOK FIVE

LABOR RELATIONS

Title IPOLICY AND DEFINITIONS

Chapter IPOLICY

Art. 211. Declaratio o! Polic".A. It is the policy of the State:

a. To promote and emphasize the primacy offree collective ar!ainin! and ne!otiations"incl#din! vol#ntary aritration" mediationand conciliation" as modes of settlin! laoror ind#strial disp#tes$

. To promote free trade #nionism as aninstr#ment for the enhancement ofdemocracy and the promotion of social

%#stice and development$

c. To foster the free and vol#ntaryor!anization of a stron! and #nited laormovement$d. To promote the enli!htenment of &or'ersconcernin! their ri!hts and oli!ations as#nion memers and as employees$e. To provide an ade(#ate administrativemachinery for the e)peditio#s settlement oflaor or ind#strial disp#tes$f. To ens#re a stale #t dynamic and %#st

ind#strial peace$ and!. To ens#re the participation of &or'ers indecision and policy*ma'in! processesaffectin! their ri!hts" d#ties and &elfare.

B. To enco#ra!e a tr#ly democratic method ofre!#latin! the relations et&een the employers andemployees y means of a!reements freely enteredinto thro#!h collective ar!ainin!" no co#rt oradministrative a!ency or official shall have the po&erto set or fi) &a!es" rates of pay" ho#rs of &or' orother terms and conditions of employment" e)ceptas other&ise provided #nder this +ode. ,Asamended y Section -" Rep#lic Act No. /01"2arch 30" 04546

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1. OVERVIE# AND VIE#POINT

8Laor Standards9 refers to the minim#m terms andconditions of employment &hich employees arele!ally entitled to and employers m#st comply &ith.

8Laor Relations9 refers to the interactions et&eenemployer and employees or their representativesand the mechanism y &hich the standards andother terms and conditions of employment arene!otiated" ad%#sted and enforced.

The !overnment laor relations policy is declared inArt. 300 &hich is a foc#sed elaoration of the asiclaor policy anno#nced in Art.- &hich" in t#rnechoes the constit#tional mandates. The policyintends to attain social %#stice thro#!h ind#striapeace and pro!ress. The latter is fo#nded onemployee participation and collective interactionset&een employer and employees. In 2ana!emenparlance" the inp#t is the parties ri!hts and d#tiesthe process is &or'ers or!anization and collectivear!ainin!" and the o#tp#t is ind#strial peace andpro!ress to&ards social %#stice as the end !oal.

;or' stoppa!e


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LABOR RELATIONS

A laor or trade #nion is a comination of &or'menor!anized for the #ltimate p#rpose of sec#rin!thro#!h #nited action the most favo#rale conditionsas re!ards &a!es" ho#rs of laor" conditions ofemployment" etc." for its memers.

In the pop#lar sense a laor #nion is #nderstood toe a completely or!anized ody of d#es*payin!memers" operatin! thro#!h elected officers andconstit#tin! a militant" vital and f#nctionin! or!an. Itmay e said that &hile every laor #nion is a laoror!anization" not every laor or!anization is a laor#nion. The difference is one of or!anization"composition and operation.

'. #(Y #ORKERS OR%ANI&E

Self*help thro#!h economic action necessarilyre(#ires increasin! the ar!ainin! po&er ofemployees$ hence one of the asic p#rposes of alaor #nion is to eliminate competition amon!

employees in the laor mar'et.

Three other h#man desires sho#ld e noted amon!the forces that led &or'ers to or!anize:

,06 One is the desire for %o sec#rity.

,36 Employees &ished to s#stit#te &hat &e sho#ldterm 8the r#le of la&9 for the aritrary and oftencapricio#s e)ercise of po&er y the oss.

,-6 inally" #nions helped to !ive employees a senseof participation in the #siness enterprises of &hich

they are part


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LABOR RELATIONSdiscipline employees. S#pervisory employees arethose &ho" in the interest of the employer" effectivelyrecommend s#ch mana!erial actions if the e)erciseof s#ch a#thority is not merely ro#tinary or clerical innat#re #t re(#ires the #se of independent

%#d!ment. All employees not fallin! &ithin any of theaove definitions are considered ran'*and*fileemployees for p#rposes of this Boo'.n. Fol#ntary AritratorF means any personaccredited y the Board as s#ch or any personnamed or desi!nated in the +ollective Bar!ainin!A!reement y the parties to act as their ol#ntaryAritrator" or one chosen &ith or &itho#t theassistance of the National +onciliation and2ediation Board" p#rs#ant to a selection proced#rea!reed #pon in the +ollective Bar!ainin! A!reement"or any official that may e a#thorized y theSecretary of Laor and Employment to act asol#ntary Aritrator #pon the &ritten re(#est anda!reement of the parties to a laor disp#te.

o. FStri'eF means any temporary stoppa!e of &or'y the concerted action of employees as a res#lt ofan ind#strial or laor disp#te.p. FLoc'o#tF means any temporary ref#sal of anemployer to f#rnish &or' as a res#lt of an ind#strialor laor disp#te.(. FInternal #nion disp#teF incl#des all disp#tes or!rievances arisin! from any violation of ordisa!reement over any provision of the constit#tionand y*la&s of a #nion" incl#din! any violation of theri!hts and conditions of #nion memership provided

for in this +ode.r. FStri'e*rea'erF means any person &ho ostr#cts"impedes" or interferes &ith y force" violence"coercion" threats" or intimidation any peacef#lpic'etin! affectin! &a!es" ho#rs or conditions of

&or' or in the e)ercise of the ri!ht of self*or!anization or collective ar!ainin!.s. FStri'e areaF means the estalishment"

&areho#ses" depots" plants or offices" incl#din! thesites or premises #sed as r#na&ay shops" of theemployer str#c' a!ainst" as &ell as the immediatevicinity act#ally #sed y pic'etin! stri'ers in movin!to and fro efore all points of entrance to and e)itfrom said estalishment. ,As amended y Section "Rep#lic Act No. /01" 2arch 30" 04546

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1. E-PLOYERE-PLOYEE RELATIONS(IPESSENTIAL

The e)istence of employer*employee relationship" ase)plained in Boo' III" is determined y the presenceof the follo&in! elements" namely:

,a6 selection and en!a!ement of the employee$

,6 payment of &a!es$

,c6 po&er to dismiss$ and

,d6 po&er to control the employees cond#ct.

The fo#rth is the most important element.

2. #(O ARE E-PLOYEES

The term 8employee9:

,06 shall incl#de any employee

,36 and shall not e limited to the employee of anypartic#lar employer" #nless the Act so e)plicitly

states other&ise

,-6 and shall incl#de any individ#al

,a6 &hose &or' has ceased as a res#lt of" oin connection &ith any c#rrent laor disp#te

,6 and &ho has not otained any othes#stantially e(#ivalent and re!#laemployment.

8Employee9 refers to any person &or'in! for anemployer. It incl#des one &hose &or' has ceased in

connection &ith any c#rrent laor disp#te or eca#seof any #nfair laor practice and one &ho has eendismissed from &or' #t the le!ality of the dismissais ein! contested in a for#m of appropriate

%#risdiction.

8Employer9 refers to any person or entity &hoemploys the services of others" one for &homemployees &or' and &ho pays their &a!es osalaries. An employer incl#des any person directly oindirectly actin! in the interest of an employer. Ishall also refer to the enterprise &here a laoor!anization operates or see's to operate.

An employer may e ro#!ht into ar!ainin! andeconomic relationship &ith persons not in his act#aemploy$ s#ch persons are !iven the stat#s and ti!htsof 8employees9 in relation to him" in order to accordto them the protection of the Act. Th#s" The nat#re oa 8laor disp#te9 does not re(#ire that the disp#tantssho#ld stand in the pro)imate relation of employeand employee" &ith conse(#ent protection oconcerted activities carried o#t y many personselon!in! to several employers.

Az#cena" +esario Alvero @r. ,3??/6. THE LABOR CODE WITH COMMENTS AND CASES,ol. II6.#ezon +ity: Re) Crintin! +ompany" Inc.

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LABOR RELATIONS

3.0 8One &hose &or' has ceased...9

+essation of &or' d#e to stri'e or loc'o#t" or todismissal or s#spensions constit#tin! #nfair laorpractices" does not in itself affect the 8employee9stat#s" in the sense that the ri!hts and enefits ofthe employee are protected as tho#!h there hadeen no interr#ption of service" effective #pon act#alret#rn to &or'.

'. LABOR OR%ANI&ATION AS E-PLOYER

E)ceptionally" a laor or!anization may e deemedan 8employer9 &hen it is actin! as s#ch in relation topersons renderin! services #nder hire" partic#larly inconnection &ith its activities for profit or !ain.

). LABOR DISP/TE

The test of &hether a laor controversy comes &ithinthe definition of a laor disp#te depends on &hether

it involves or concerns terms" conditions ofemployment or representation.

The e)istence of a laor disp#te is not ne!ative ythe fact that the plaintiffs and defendants do notstand in the pro)imate relation of employer andemployee.

0. LABOR DISP/TES AND RE-EDIES AS/--ARY

1.0 =efinition

8Laor =isp#te9 incl#des any controversy or matterconcernin! terms and conditions of employment orthe association or representation of persons inne!otiatin!" fi)in!" maintainin!" chan!in! orarran!in! the terms and conditions of employment"re!ardless of &hether the disp#tants stand in thepro)imate relation of employer and employee.

1.3 Tests or +riteria of 8Laor =isp#te9

A. Nat#re: =isp#te arises from employer*employeerelationship" altho#!h disp#tants need not epro)imately 8employee9 or 8employer9 of the other.

B. S#%ect matter: =isp#te concerns ,06 terms orconditions of employment$ or ,36 association orrepresentation of persons in ne!otiatin!" fi)in!"maintainin!" or chan!in! terms or conditions ofemployment.

1.- Jinds of Laor =isp#tes

A. Laor Standards =isp#tes:

,06 +ompensation K ,#nderpayment of minim#m&a!e6

,36 Benefits K ,nonpayment of holiday pay6

,-6 ;or'in! conditions K ,#nrectified &or' hazards6

B. Laor Relations =isp#tes:

,06 Or!anizational Ri!ht =isp#teG HLC K ,coercion6

,36 Representation =isp#tes K ,determination oappropriate collective ar!ainin! #nit6

,-6 Bar!ainin! =isp#tes K ,ref#sal to ar!ain6

,6 +ontract Administration or Cersonnel Colicy=isp#tes K ,noncompliance &ith +BA provision6

,16 Employment Ten#re =isp#tes K,nonre!#larization of employees6

1. Remedies in Laor =isp#tes ,SEE TABLE 1677777777

Title IINATIONAL LABOR RELATIONS CO--ISSION

Chapter ICREATION AND CO-POSITION

Art. 30-. National Laor Relations +ommissionThere shall e a National Laor Relations+ommission &hich shall e attached to the=epartment of Laor and Employment for pro!ram

and policy coordination only" composed of a+hairman and fo#rteen ,06 2emers.

ive ,16 memers each shall e chosen from amon!the nominees of the &or'ers and employersor!anizations" respectively. The +hairman and thefo#r ,6 remainin! memers shall come from thep#lic sector" &ith the latter to e chosen fromamon! the recommendees of the Secretary of Laoand Employment.

Hpon ass#mption into office" the memersnominated y the &or'ers and employersor!anizations shall divest themselves of anyaffiliation &ith or interest in the federation oassociation to &hich they elon!.

The +ommission may sit en anc or in five ,1divisions" each composed of three ,-6 memersS#%ect to the pen#ltimate sentence of thispara!raph" the +ommission shall sit en anc only fop#rposes of prom#l!atin! r#les and re!#lations!overnin! the hearin! and disposition of casesefore any of its divisions and re!ional ranches


D C L A T O N


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LABOR RELATIONSThe same Article 30-" as amended" provides that the+hairman and t&enty*three memers composin! theNational Laor Relations +ommission shall echosen from the &or'ers" employers and the p#licsectors.

0.1 Allocation of Co&ers Bet&een NLR+ En Bancand Its =ivision

The 8division: is a le!al entity" not the persons &hosit in it. ence" an individ#al commissioner has noad%#dicatory po&er" altho#!h" of co#rse" he canconc#r or dissent in decidin! a case. The la& lod!esthe ad%#dicatory po&er on each of the ei!htdivisions" not on the individ#al commissioners not onthe &hole commission.

0. The NLR+ R#les of Croced#re

8The 3??1 Revised R#les of Croced#re of theNational Laor Relations +ommission9 &asp#lished in ne&spapers on =ecemer 3-" 3??1 and

too' effect on @an#ary /" 3??.77777777

Art. 301. Appointment and #alifications. The+hairman and other +ommissioners shall ememers of the Chilippine Bar and m#st haveen!a!ed in the practice of la& in the Chilippines forat least fifteen ,016 years" &ith at least five ,16 yearse)perience or e)pos#re in the field of laor*mana!ement relations" and shall preferaly eresidents of the re!ion &here they are to hold office.The E)ec#tive Laor Ariters and Laor Aritersshall li'e&ise e memers of the Chilippine Bar and

m#st have een en!a!ed in the practice of la& in theChilippines for at least seven ,/6 years" &ith at leastthree ,-6 years e)perience or e)pos#re in the field oflaor*mana!ement relations: Crovided" o&ever"that inc#ment E)ec#tive Laor Ariters and LaorAriters &ho have een en!a!ed in the practice ofla& for at least five ,16 years may e considered asalready (#alified for p#rposes of reappointment ass#ch #nder this Act. The +hairman and the other+ommissioners" the E)ec#tive Laor Ariters andLaor Ariters shall hold office d#rin! !ood ehavior#ntil they reach the a!e of si)ty*five years" #nlesssooner removed for ca#se as provided y la& orecome incapacitated to dischar!e the d#ties of theiroffice.

The +hairman" the division Cresidin!+ommissioners and other +ommissioners shall eappointed y the Cresident" s#%ect to confirmationy the +ommission on Appointments. Appointmentto any vacancy shall come from the nominees of thesector &hich nominated the predecessor. TheE)ec#tive Laor Ariters and Laor Ariters shallalso e appointed y the Cresident" #pon

recommendation of the Secretary of Laor andEmployment and shall e s#%ect to the +ivil ServiceLa&" r#les and re!#lations.

The Secretary of Laor and Employment shall" incons#ltation &ith the +hairman of the +ommissionappoint the staff and employees of the +ommissionand its re!ional ranches as the needs of the servicemay re(#ire" s#%ect to the +ivil Service La&" r#lesand re!#lations" and #p!rade their c#rrent salariesenefits and other emol#ments in accordance &ithla&. ,As amended y Section /" Rep#lic Act No/01" 2arch 30" 04546

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RE/IRIN% CONFIR-ATION BY CO--ISSIONON APPOINT-ENTS3 /NCONSTIT/TIONAL

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Art. 30. Salaries" enefits and other emol#mentsThe +hairman and memers of the +ommissionshall receive an ann#al salary at least e(#ivalent to

and e entitled to the same allo&ances and enefitsas those of the Cresidin! @#stice and Associate@#stices of the +o#rt of Appeals" respectively. TheE)ec#tive Laor Ariters shall receive an ann#asalary at least e(#ivalent to that of an AssistanRe!ional =irector of the =epartment of Laor andEmployment and shall e entitled to the sameallo&ances and enefits as that of a Re!iona=irector of said =epartment. The Laor Ariters shalreceive an ann#al salary at least e(#ivalent to" ande entitled to the same allo&ances and enefits asthat of an Assistant Re!ional =irector of the=epartment of Laor and Employment. In no case

ho&ever" shall the provision of this Article res#lt inthe dimin#tion of e)istin! salaries" allo&ances andenefits of the aforementioned officials.,As amendedy Section 5" Rep#lic Act No. /01" 2arch 3004546

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Chapter IIPO#ERS AND D/TIES

Art. 30/. @#risdiction of the Laor Ariters and the+ommission.a. E)cept as other&ise provided #nder this +odethe Laor Ariters shall have ori!inal and e)cl#sive

%#risdiction to hear and decide" &ithin thirty ,-?6calendar days after the s#mission of the case ythe parties for decision &itho#t e)tension" even inthe asence of steno!raphic notes" the follo&in!cases involvin! all &or'ers" &hether a!ric#lt#ral ornon*a!ric#lt#ral:

0. Hnfair laor practice cases$3. Termination disp#tes$


D C L A T O N


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LABOR RELATIONS-. If accompanied &ith a claim forreinstatement" those cases that &or'ersmay file involvin! &a!es" rates of pay" ho#rsof &or' and other terms and conditions ofemployment$. +laims for act#al" moral" e)emplary andother forms of dama!es arisin! from theemployer*employee relations$1. +ases arisin! from any violation of Article3 of this +ode" incl#din! (#estionsinvolvin! the le!ality of stri'es and loc'o#ts$and. E)cept claims for Employees+ompensation" Social Sec#rity" 2edicareand maternity enefits" all other claimsarisin! from employer*employee relations"incl#din! those of persons in domestic orho#sehold service" involvin! an amo#nt

e)ceedin! five tho#sand pesos ,C1"???.??6re!ardless of &hether accompanied &ith aclaim for reinstatement.

. The +ommission shall have e)cl#sive appellate

%#risdiction over all cases decided y Laor Ariters.c. +ases arisin! from the interpretation orimplementation of collective ar!ainin! a!reementsand those arisin! from the interpretation orenforcement of company personnel policies shall edisposed of y the Laor Ariter y referrin! thesame to the !rievance machinery and vol#ntary

aritration as may e provided in said a!reements.,As amended y Section 4" Rep#lic Act No. /01"2arch 30" 04546

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1. ADDITIONAL CASES

To the si) ,6 'inds of cases mentioned in Article30/" the follo&in! sho#ld e added:

0. 2oney claims arisin! o#t of employer*employeerelationship or y virt#e of any la& or contract"involvin! ilipino &or'ers for overseas deployment"incl#din! claims for act#al" moral" e)emplary andother forms of dama!es" as &ell as employmenttermination of O;s$

3. ;a!e distortion disp#tes in #nor!anizedestalishments not vol#ntarily settled y the partiesp#rs#ant to Rep#lic Act No. /3/" as reflected inArticle 03$

-. Enforcement of compromise a!reements &henthere is non*compliance y any of the parties

p#rs#ant to Article 33/ of the Laor +ode" asamended$ and

. Other cases as may e provided y la&.

2. CO-P/LSORY ARBITRATION BY LABORARBITERS

In its road sense" aritration is the reference of adisp#te to an impartial third person" chosen y theparties or appointed y stat#tory a#thority to hearand decide the case in controversy. ;hen theconsent of one of the parties is enforced y stat#toryprovisions" the proceedin! is referred to ascomp#lsory aritration. In laor cases" comp#lsoryaritration is the process of settlement of laodisp#tes y a !overnment a!ency &hich has thea#thority to investi!ate and to ma'e an a&ard &hichis indin! on all the parties.

3.0 NLR+ Appellate Croceedin!s Not Cart oAritration

Hnder the Laor +ode" it is the Laor Ariter &ho isclothed &ith the a#thority to cond#ct comp#lsoryaritration on cases involvin! termination disp#tesand other cases #nder Art. 30/.

;hen the Laor Ariter renders his decisioncomp#lsory aritration is deemed terminatedeca#se y then the hearin! and determination othe controversy has ended.

3.3 Nat#re of Croceedin!s

The NLR+ R#les descrie the proceedin!s eforethe Laor Ariter as non*liti!io#s. S#%ect to there(#irements of d#e process" the technicalities ola& and proced#re in the re!#lar co#rts do not applyin NLR+Glaor ariter proceedin!s ,Art. 3306. Theariter may avail himself of all reasonale meansincl#din! oc#lar inspection" to ascertain the factsspeedily$ he shall personally cond#ct the conferenceor hearin!s and ta'e f#ll control of the proceedin!s,R#le " Sec. 3" NLR+ 3??1 R#les of Croced#re6

3.- Article 30/ ields to Arts. 303and 33-

'. LABOR ARBITER$S 4/RISDICTION3 IN%ENERAL

3 A vol#ntary aritrator" #nder Art. 30" has 8ori!inal ande)cl#sive9 %#risdiction over disp#tes concernin! +BAimplementation or personnel policy enforcement.

- In addition" #nder Art. 33" the parties may s#mit to a vol#ntaryaritrator ,or panel6 8all other disp#tes incl#din! #nfair laopractices and ar!ainin! deadloc's.


/D C L A T O N


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LABOR RELATIONSThe cases laor ariter can hear and decide areemployment*related.

-.0 S#pervisory +ontrol" +r#cial

+ontrol over the performance of the &or' is thecr#cial indicator of employment relationship" &itho#t

&hich the laor ariter has no %#risdiction over thedisp#te.

It is &ell*settled in la& and %#rispr#dence that &hereno employer*employee relationship e)ists et&eenthe parties and no iss#e is involved &hich may eresolved y reference to the Laor +ode" other laorstat#tes" or any collective ar!ainin! a!reement" it isthe Re!ional Trial +o#rt that has %#risdiction.

). VEN/E

The NLR+ R#les of Croced#re provides:

Section 0. en#e. * a6 All cases &hich Laor Ariters have

a#thority to hear and decide may e filed in the Re!ionalAritration Branch havin! %#risdiction over the &or'placeof the complainant or petitioner.

or p#rposes of ven#e" the &or'place shall e #nderstoodas the place or locality &here the employee is re!#larlyassi!ned at the time the ca#se of action arose. It shallincl#de the place &here the employee is s#pposed toreport ac' after a temporary detail" assi!nment" or travel.In case of field employees" as &ell as am#lant or itinerant

&or'ers" their &or'place is &here they are re!#larlyassi!ned" or &here they are s#pposed to re!#larly receivetheir salaries and &a!es or &or' instr#ctions from" andreport the res#lts of their assi!nment to" their employers.

6 ;here t&o ,36 or more Re!ional Aritration Brancheshave %#risdiction over the &or'place of the complainant orpetitioner" the Branch that first ac(#ired %#risdiction overthe case shall e)cl#de the others.

c6 ;hen ven#e is not o%ected to efore the fillin! ofposition papers s#ch iss#e shall e deemed &aived.

d6 The ven#e of an action may e chan!ed or transferredto a different Re!ional Aritration Branch other than &herethe complaint &as filed y &ritten a!reement of the partiesor &hen the +ommission or Laor Ariter efore &hom thecase is pendin! so orders" #pon motion y the properparty in meritorio#s cases.

e6 +ases involvin! overseas ilipino &or'ers may e filedefore the Re!ional Aritration Branch havin! %#risdictionover the place &here the complainant resides or &here theprincipal office of any of the respondents is sit#ated" at theoption of the complainant.

.0 ;or'ers Option

The &or'er" ein! the economically*disadvanta!edparty


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LABOR RELATIONS/.- 2ainland v. 2ovilla: The 8Better Colicy9 in=eterminin! SE+ @#risdiction

The etter policy to e follo&ed in determinin!%#risdiction over a case sho#ld e to considerconc#rrent factors s#ch as the stat#s or relationshipof the parties or the nat#re of the (#estion that is thes#%ect of their controversy.

/. Taan! v. NLR+: SE+ @#risdiction Reaffirmed$+orporate Officer and Intra*corporate +ontroversy=efined

An 8intra*corporate controversy9 is one &hich ariseset&een a stoc'holder and the corporation. There isno distinction" (#alification" nor any e)emption

&hatsoever. The provision is road and covers all'inds of controversies et&een stoc'holders andcorporations.

*. LABOR ARBITER$S 4/RISDICTION -ONEYCLAI-S

A money claim arisin! from employer*employeerelations" e)ceptin! SSSGE++G2edicare claims" is

&ithin the %#risdiction of a laor ariterro#nds for Cer"iorari

A party may seasonaly avail of the special civilaction for cer"iorari" &here the tri#nal" oard orofficer e)ercisin! %#dicial f#nctions has acted &itho#tor in e)cess of its %#risdiction" or &ith !rave a#se of

discretion" and prayin! that %#d!ment e renderedann#llin! or modifyin! the proceedin!s" as the la&re(#ires" of s#ch tri#nal" oard or officer.

In spite of stat#tory provisions ma'in! final thedecisions of certain administrative a!encies" theS#preme +o#rt or +o#rt of AppealsM #sin! thepo&er of %#dicial revie&" has ta'en co!nizance ofpetitions (#estionin! the decisions &here &ant of

%#risdiction" !rave a#se of discretion" violation ofd#e process" denial of s#stantial %#stice" orerroneo#s interpretation of the la& &ere ro#!ht toits attention.

The &rit of cer"iorari&ill iss#e to #ndo those acts"and do %#stice to the a!!rieved party.

05. 8>rave A#se of =iscretion9

By !rave a#se of discretion is meant capricio#s and&himsical e)ercise of %#d!ment as is e(#ivalent tolac' of %#risdiction. 2ere a#se of discretion is noteno#!h. It m#st e !rave a#se of discretion as

&hen the po&er is e)ercised in an aritrary ordespotic manner y reason of passion or personalhostility" and m#st e so patent and so !ross as toamo#nt to an evasion of a positive d#ty or to a virt#al

ref#sal to perform the d#ty en%oined or to act at all incontemplation of la&.

05./ Sole Office of Cer"iorari

The appellate co#rts %#risdiction to revie& a decisionof the NLR+ in a petition for certiorari is confined toiss#es of %#risdiction or !rave a#se of discretion. Ane)traordinary remedy" a petition for certiorari isavailale only and restrictively in tr#ly e)ceptionalcases. The sole office of the &rit of certiorari is the

correction of errors of %#risdiction incl#din! thecommission of !rave a#se of discretion amo#ntin!to lac' or e)cess of %#risdiction. It does not incl#decorrection of the NLR+s eval#ation of the evidenceor of its fact#al findin!s. S#ch findin!s are !enerallyaccorded not only respect #t also finality. A partyassailin! s#ch findin!s ears the #rden of sho&in!that the tri#nal acted capricio#sly and &himsicallyor in total disre!ard of evidence material to thecontroversy" in order that the e)traordinary &rit ofcertiorari &ill lie.

05.5 Appeal from OSE+ to +A$ St. 2artin R#lin!Applies

Tho#!h appeals from the NLR+ to the Secretary oLaor &ere eliminated" presently there are severainstances in the Laor +ode and its implementin!and related r#les &here an appeal can e filed &iththe Office of the Secretary of Laor or the Secretaryof Laor iss#es a r#lin!" to &it:

,06 Hnder the R#les and Re!#lations >overnin!Recr#itment and Clacement A!encies for LocaEmployment 0 dated @#ne 1" 044/ s#persedin!certain provisions of Boo' I ,Cre*Employment6 of theimplementin! r#les" the decision of the Re!iona=irector on complaints a!ainst a!encies isappealale to the Secretary of Laor &ithin ten ,0?6

&or'in! days from receipt of a copy of the order" onspecified !ro#nds" &hose decision shall e final andinappealale.

,36 Art. 035 of the Laor +ode provides that an ordeiss#ed y the d#ly a#thorized representative of the

Secretary of Laor in laor standards casesp#rs#ant to his visitorial and enforcement po&e#nder said article may e appealed to the Secretaryof Laor.

Sec. 3 in relation to Section - ,a6" R#le " Boo' II,+onditions of Employment6 of the implementin! r#les!ives the Re!ional =irector the po&er to order andadminister compliance &ith the laor standards provisionsof the +ode and other laor le!islation. Section !ives theSecretary the po&er to revie& the order of the Re!iona=irector" and the SecretaryPs decision shall e final ande)ec#tory.

Sec. 0" R#le I ,Appeals6 of the R#les on the =ispositionof Laor Standards +ases in the Re!ional Offices datedSeptemer 0" 045/ 01 provides that the order of theRe!ional =irector in laor standards cases shall e finaand e)ec#tory #nless appealed to the Secretary of Laor.

Sec. 1" R#le ,E)ec#tion6 provides that the decisionsorders or resol#tions of the Secretary of Laor andEmployment shall ecome final and e)ec#tory after ten,0?6 calendar days from receipt of the case records. Thefilin! of a petition for certiorari efore the S#preme +o#rshall not stay the e)ec#tion of the order or decision #nless


3/D C L A T O N


28/53

LABOR RELATIONSthe a!!rieved party sec#res a temporary restrainin! orderfrom the +o#rt &ithin fifteen ,016 calendar days from thedate of finality of the order or decision or posts as#persedeas ond.

Sec. of R#le I ,ealth and Safety +ases6 provides thatthe Secretary of Laor at his o&n initiative or #pon there(#est of the employer andGor employee may revie& theorder of the Re!ional =irector in occ#pational health andsafety cases. The SecretaryPs order shall e final ande)ec#tory.

,36 Art. 3- provides that the decision of the LaorRelations =ivision in the re!ional office denyin! anapplicant laor or!anization" association or !ro#p of#nions or &or'ersP application for re!istration may eappealed y the applicant #nion to the B#rea# ofLaor Relations &ithin ten ,0?6 days from receipt ofnotice thereof.

Sec. " R#le " Boo' ,Laor Relations6" as amended y=epartment Order No. 4 dated 2ay 0" 044/ 0 providesthat the decision of the Re!ional Office denyin! the

application for re!istration of a &or'ers association &hoseplace of operation is confined to one re!ional %#risdiction"or the B#rea# of Laor Relations denyin! the re!istrationof a federation" national or ind#stry #nion or trade #nioncenter may e appealed to the B#rea# or the Secretary asthe case may e &ho shall decide the appeal &ithin t&enty,3?6 calendar days from receipt of the records of the case.

,-6 Art. 3-5 provides that the certificate ofre!istration of any le!itimate or!anization shall ecanceled y the B#rea# of Laor Relations if it hasreason to elieve" after d#e hearin!" that the saidlaor or!anization no lon!er meets one or more ofthe re(#irements prescried y la&.

Sec. " R#le III" Boo' provides that the decision of theRe!ional Office or the =irector of the B#rea# of LaorRelations may e appealed &ithin ten ,0?6 days fromreceipt thereof y the a!!rieved party to the =irector of theB#rea# or the Secretary of Laor" as the case may e"

&hose decision shall e final and e)ec#tory.

,6 Art. 314 provides that any party to a certificationelection may appeal the order or res#lts of theelection as determined y the 2ed*Ariter directly tothe Secretary of Laor &ho shall decide the same

&ithin fifteen ,016 calendar days.

Sec. 03" R#le I" Boo' provides that the decision of the2ed*Ariter on the petition for certification election may eappealed to the Secretary.

Sec. 01" R#le I" Boo' provides that the decision of theSecretary of Laor on an appeal from the 2ed*AriterPsdecision on a petition for certification election shall e finaland e)ec#tory. The implementation of the decision of theSecretary affirmin! the decision to cond#ct a certificationelection shall not e stayed #nless restrained y theappropriate co#rt.

Sec. 01" R#le II" Boo' provides that the decision of the2ed*Ariter on the res#lts of the certification election maye appealed to the Secretary &ithin ten ,0?6 days fromreceipt y the parties of a copy thereof" &hose decisionshall e final and e)ec#tory.

Sec. /" R#le III ,Administration of Trade Hnion #ndsand Actions Arisin! Therefrom6" Boo' provides that thedecision of the B#rea# in complaints filed directly &ith saidoffice pertainin! to administration of trade #nion f#nds maye appealed to the Secretary of Laor &ithin ten ,0?6 daysfrom receipt of the parties of a copy thereof.

Sec. 0" R#le I ,E)ec#tion of =ecisions" A&ards" oOrders6" Boo' provides that the decision of theSecretary of Laor shall e final and e)ec#tory after ten,0?6 calendar days from receipt thereof y the parties#nless other&ise specifically provided for in Boo' .

,16 Art. 3- provides that the Secretary of Laoshall decide or resolve the laor disp#te over &hichhe ass#med %#risdiction &ithin thirty ,-?6 days fromthe date of the ass#mption of %#risdiction. isdecision shall e final and e)ec#tory ten ,0?

calendar days after receipt thereof y the parties.

05.4 E)ha#stion of Administrative Remedies$ 2otionfor Reconsideration Re(#ired

The remedy of an a!!rieved party in a decision orresol#tion of the Secretary of the =OLE is to timelyfile a motion for reconsideration as a precondition oor any f#rther or s#se(#ent remedy" and thenseasonaly file a special civil action for cer"iorar#nder R#le 1 of the 044/ R#les of +ivil Croced#re.

Cetitioners fail#re to file its motion fo

reconsideration seasonaly is fatal to its ca#se andin effect" renders final and e)ec#tor the Resol#tion othe Secretary of the =OLE.

A petition for cer"iorari sho#ld e preceded ye)ha#stion of administrative remedies.

;hen an administrative remedy is provided y la&relief m#st e so#!ht y first e)ha#stin! that remedyefore see'in! %#dicial intervention. ail#re to do sois fatal.

05.0? E)ceptions

It has een held that the re(#irement of a motion foreconsideration may e dispensed &ith in thefollo&in! instances: ,06 &hen the iss#e raised is onep#rely of la&$ ,36 &here p#lic interest is involved,-6 in cases of #r!ency$ and ,6 &here speciacirc#mstances &arrant immediate or more direcaction. On the other hand" amon! the acceptede)ceptions to the r#le on e)ha#stion oadministrative remedies are: ,06 &here the (#estionin disp#te is p#rely a le!al one$ and ,36 &here the


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LABOR RELATIONScontroverted act is patently ille!al or &as performed

&itho#t %#risdiction or in e)cess of %#risdiction.

16. CERTIFICATION OF NONFOR/- S(OPPIN%

or#m shoppin! is the act or attempt to present thesame disp#te to different ad%#dicators in the hope ofsec#rin! a favo#rale r#lin!.

In relation thereto" R#le /" Section 1 of the R#les of+o#rt provides:

+ertification a!ainst for#m shoppin!.enerally inal

As a !eneral r#le" the findin!s of administrativea!encies are accorded not only respect #t evenfinality.

The doctrine that the findin!s of facts of the NLR+are indin! on this +o#rt if s#pported y s#stantiaevidence is &ell estalished. o&ever" in the same

&ay that the findin!s of facts #ns#pported ys#stantial and credile evidence do not ind theS#preme +o#rt or +o#rt of AppealsM" neither &ill &e#phold erroneo#s concl#sions of the NLR+ &hen &efind that the latter committed !rave a#se odiscretion in reversin! the decision of the laoariter" especially if the findin!s of NLR+ ased onpractically the same facts estalished in the hearin!sefore the ariter are spec#lative and con%ect#ral

3?. E)ceptions:

,06 &hen the findin!s are !ro#nded entirely onspec#lation" s#rmises" or con%ect#res$

,36 &hen the inference made is manifestly mista'enas#rd" or impossile$

,-6 &hen there is !rave a#se of discretion$

,6 &hen the %#d!ment is ased on amisapprehension of facts$

,16 &hen the findin!s of facts are conflictin!$

,6 &hen in ma'in! its findin!s" the +o#rt of Appeals&ent eyond the iss#es of the case" or its findin!sare contrary to the admissions of oth the appellanand the appellee$

,/6 &hen the findin!s are contrary to the trial co#rt$

,56 &hen the findin!s are concl#sions &itho#t citationof specific evidence on &hich they are ased$

,46 &hen the facts set forth in the petition as &ell asin the petitionerPs main and reply riefs are nodisp#ted y the respondent$

,0?6 &hen the findin!s of fact are premised on thes#pposed asence of evidence and contradicted ythe evidence on record$ and

,006 &hen the +o#rt of Appeals manifestlyoverloo'ed certain relevant facts not disp#ted y theparties" &hich" if properly considered" &o#ld %#stify adifferent concl#sion.


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LABOR RELATIONS

3?.1 E)amples: Some indin!s of acts Reversed

21. FRO- CA TO SC ONLY /ESTION OF LA#3R/LE )0

It m#st e filed &ithin fifteen ,016 days from notice ofthe %#d!ment or final order or resol#tion appealedfrom" or of the denial of the petitioners motion forne& trial or reconsideration.

The special civil action of cer"iorari #nder R#le 1cannot e #sed as a s#stit#te for an appeal #nderR#le 1 that the petitioner already lost.

77777777

Art. 33. E)ec#tion of decisions" orders or a&ards.a. The Secretary of Laor and Employment or anyRe!ional =irector" the +ommission or any LaorAriter" or 2ed*Ariter or ol#ntary Aritrator may"#o"u $ro$rioor on motion of any interested party"iss#e a &rit of e)ec#tion on a %#d!ment &ithin five

,16 years from the date it ecomes final ande)ec#tory" re(#irin! a sheriff or a d#ly dep#tizedofficer to e)ec#te or enforce final decisions" ordersor a&ards of the Secretary of Laor andEmployment or re!ional director" the +ommission"the Laor Ariter or med*ariter" or vol#ntaryaritrators. In any case" it shall e the d#ty of theresponsile officer to separately f#rnish immediatelythe co#nsels of record and the parties &ith copies ofsaid decisions" orders or a&ards. ail#re to comply

&ith the d#ty prescried herein shall s#%ect s#chresponsile officer to appropriate administrativesanctions.

. The Secretary of Laor and Employment" and the+hairman of the +ommission may desi!nate specialsheriffs and ta'e any meas#re #nder e)istin! la&s toens#re compliance &ith their decisions" orders ora&ards and those of the Laor Ariters andvol#ntary aritrators" incl#din! the imposition ofadministrative fines &hich shall not e less thanC1??.?? nor more than C0?"???.??. ,As amendedy Section 0-" Rep#lic Act No. /01" 2arch 30"04546

77777777

1. E8EC/TION

A &rit of 8E)ec#tion9 is an order to carry o#t" toimplement" a final %#d!ment.

Hnder Art. 33" a &rit of e)ec#tion may e iss#ed ythe follo&in! officials for the final decisions" order ora&ards prom#l!ated y them:

a6 Secretary of Laor and Employment$

6 any Re!ional =irector$

c6 the +ommission$

d6 the Laor Ariter$

e6the 2ed*Ariter$

f6 the ol#ntary Aritrator$ or

!6 the Canel of Aritrators.

The &rit of e)ec#tion on a %#d!ment may e iss#ed#o"u $ro$rio or on motion of any interested party

&ithin five ,16 years from the date it ecomes finaand e)ec#tory

E)ec#tion is done thro#!h the re!#lar or speciasheriff. B#t alternatively" the Secretary" the+ommission" any Laor Ariter" the Re!iona=irector or the =irector of the B#rea# of LaoRelations in appropriate cases may dep#tize the

Chilippine National Colice or any la& enforcemena!encies in the enforcement of final a&ards" ordersor decisions.

0.0 Article 33 is E)ec#tion" Not Appeal" Croced#re

0.3 Both Carty and +o#nsel Sho#ld Be Notified

2. E8EC/TION /PON FINALITY OF DECISIONOR ORDER

Section 0. E)ec#tion Hpon inality of =ecision or Order. a6 A &rit of e)ec#tion may e iss#ed #o"u $ro$rioor onmotion" #pon a decision or order that finally disposes ofthe action or proceedin!s after the parties and theico#nsels or a#thorized representatives are f#rnished &ithcopies of the decision or order in accordance &ith theseR#les" #t only after the e)piration of the period to appeaif no appeal has een filed" as sho&n y the certificate ofinality. If an appeal has een filed" a &rit of e)ec#tion maye iss#ed &hen there is an entry of %#d!ment as providedfor in Section 0 of R#le II.

6 No motion for e)ec#tion shall e entertained nor a &riof e)ec#tion e iss#ed #nless the Laor Ariter or the+ommission is in possession of the records of the case

&hich shall incl#de an entry of %#d!ment if the case &asappealed$ e)cept that" as provided for in Section 0 o

R#le and Section of this R#le" and in those cases&here partial e)ec#tion is allo&ed y la&" the Laor Ariteshall retain d#plicate ori!inal copies of the decision to eimplemented and proof of service thereof for the p#rposeof immediate enforcement.

Section 3. Cre*E)ec#tion +onference. * ;ithin t&o ,3&or'in! days from receipt of a motion for the iss#ance of a&rit of e)ec#tion" and s#%ect to Section 0" para!raph ,6of this R#le" the Laor Ariter shall sched#le a pree)ec#tion conference or hearin! to thresh o#t matters


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LABOR RELATIONSrelevant to e)ec#tion" incl#din! the comp#tation of thea&ard.

Section -. orm and +ontents of a ;rit of E)ec#tion. * The&rit of e)ec#tion m#st e iss#ed in the name of theRep#lic of the Chilippines si!ned y the +ommission orLaor Ariter re(#irin! the Sheriff to e)ec#te the decision"order" or a&ard of the +ommission or Laor Ariter" andm#st contain the dispositive portion thereof" the amo#nt" ifany" to e demanded" and all la&f#l fees to e collectedfrom the losin! party or any other person re(#ired y la&to oey the same.

Section . +omp#tation =#rin! E)ec#tion. * ;here f#rthercomp#tation of the a&ard in the decision" resol#tion ororder is necessary d#rin! the co#rse of the e)ec#tionproceedin!s" no &rit of e)ec#tion shall e iss#ed #ntil afterthe comp#tation has een approved y the Laor Ariterin an order iss#ed after the parties have een d#ly notifiedand heard on the matter.

Section 1. E)ec#tion of 2onetary @#d!ment. * a6Immediate payment on demand. * The Sheriff shallenforce a monetary %#d!ment y demandin! the

immediate payment of the f#ll amo#nt stated in the &rit ofe)ec#tion and all la&f#l fees from the losin! party or anyother person re(#ired y la& to oey the same.

6 In the event of fail#re or ref#sal of the losin! party topay the %#d!ment a&ard" the Sheriff shall immediatelyproceed a!ainst the cash deposit or s#rety ond posted ythe losin! party" if any$

c6 If the ondin! company ref#ses to comply &ith the &ritof e)ec#tion" then its president and officers or a#thorizedrepresentatives shall e cited for contempt" and theondin! company shall e arred from transactin!#siness &ith the +ommission$

d6 Sho#ld the cash deposit or s#rety ond e ins#fficient"or in case the s#rety ond cannot e proceeded a!ainstfor any reason" the Sheriff shall" &ithin five ,16 days fromdemand" e)ec#te the monetary %#d!ment y levyin! on theproperty" personal and real" of the losin! party not e)emptfrom e)ec#tion" s#fficient to cover the %#d!ment a&ard"

&hich may e disposed of for val#e at a p#lic a#ction tothe hi!hest idder.

e6 Croceeds of e)ec#tion shall e deposited &ith the+ashier of the concerned =ivision or Re!ional AritrationBranch" or &ith an a#thorized depositary an'. ;herepayment is made in the form of a chec'" the same shall epayale to the +ommission.

Section /. Enforcement of ;rit of E)ec#tion. * In e)ec#tin!a decision" resol#tion or order" the Sheriff" or othera#thorized officer actin! as Sheriff of the +ommission"shall e !#ided strictly y these R#les" and y the 2an#alon E)ec#tion of @#d!ment" &hich shall form part of theseR#les. In the asence of applicale r#les" the R#les of+o#rt" as amended" shall e applied in a s#ppletorymanner.

Section 5. E)ec#tion By 2otion or By Independent Action.* A decision or order may e e)ec#ted on motion &ithinfive ,16 years from the date it ecomes final and e)ec#tory.

After the lapse of s#ch period" the %#d!ment shall ecomedormant" and may only e enforced y an independenaction &ithin a period of ten ,0?6 years from date of itsfinality.

Section 0?. Effect of Cetition for +ertiorari on E)ec#tion. A petition for certiorari &ith the +o#rt of Appeals or theS#preme +o#rt shall not stay the e)ec#tion of the assaileddecision #nless a restrainin! order is iss#ed y saidco#rts.

Section 00. Resol#tion of 2otion to #ash. * The merefilin! of a motion to (#ash shall not stay e)ec#tionproceedin!s. A motion to (#ash shall e resolved y theLaor Ariter &ithin ten ,0?6 &or'in! days from s#missionof said motion for resol#tion.

'. APPEAL ON T(E E8EC/TION OF DECISIONS/PERVENIN% EVENTS

A %#d!ment ecomes final and e)ec#tory yoperation of la&" not y %#dicial declarationAccordin!ly" finality of %#d!ment ecomes a fac#pon the lapse of the re!lementary period of appeaif no appeal is perfected. In s#ch a sit#ation" theprevailin! party is entitled as a matter of ri!ht to a

&rit of e)ec#tion$ and iss#ance thereof is aministerial d#ty" compellale y mandam#s.

). %ENERAL R/LE RE%IONAL TRIAL CO/RTCANNOT ISS/E IN4/NCTION A%AINST NLRC

Crecedents ao#nd confirmin! the r#le that saidco#rts have no laor %#risdiction to act on laocases or vario#s incidents arisin! therefromincl#din! the e)ec#tion of decisions" a&ards oorders. @#risdiction to try and ad%#dicate s#ch cases

pertains e)cl#sively to the proper laor officiaconcerned #nder the =epartment of Laor andEmployment. To hold other&ise is to sanction spli

%#risdiction &hich is ono)io#s to the orderlyadministration of %#stice.

.0 E)ec#tion Over Croperty O&ned Only y@#d!ment =etor$ Remedies of Third Carty+laimant$ The #pan!co +ase

A third party &hose property has een levied #pony a sheriff to enforce a decision a!ainst a %#d!mentdetor is afforded &ith several alternative remedies

to protect its interests. The third party may avaihimself of alternative remedies c#m#latively" andone &ill not precl#de the third party from availin!himself of the other alternative remedies in the evenhe failed in the remedy first availed of.

Th#s" a third party may avail himself of the follo&in!alternative remedies:

a6 ile a third party claim &ith the sheriff of the LaoAriter" and


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LABOR RELATIONS

6 If the third party claim is denied" the third partymay appeal the denial to the NLR+.

Even if a third party claim &as denied" a third partymay still file a proper action &ith a competent co#rtto recover o&nership of the property ille!ally seizedy the sheriff.

The ri!ht of a third*party claimant to file anindependent action to vindicate his claim ofo&nership over the properties seized is reserved ySection 0/ ,no& 06" R#le -4 of the R#les of +o#rt.

The aforesaid remedies are nevertheless &itho#tpre%#dice to Pany proper actionP that a third*partyclaimant may deem s#itale to vindicate Phis claim tothe property.

#ite ovio#sly" too" this Pproper actionP &o#ld havefor its o%ect the recovery of o&nership orpossession of the property seized y the sheriff" as

&ell as dama!es res#ltin! from the alle!edly&ron!f#l seiz#re and detention thereof despite thethird*party claim.

The remedies aove mentioned are c#m#lative andmay e resorted to y a third*party claimantindependent of or separately from and &itho#t needof availin! of the others.

.3 RT+ In%#nction a!ainst Laor Ariter or NLR+";hen Allo&ed

The re!ional trial co#rt &here the reinvindicatory

action is filed can iss#e an in%#nction or temporaryrestrainin! order a!ainst the e)ec#tion ordered y alaor ariter or the NLR+.

The !eneral r#le that no co#rt has the po&er tointerfere y in%#nction &ith the %#d!ments or decreesof another co#rt &ith conc#rrent or coordinate

%#risdiction possessin! e(#al po&er to !rantin%#nctive relief" applies only &hen no third*partyclaimant is involved.

@#rispr#dence is li'e&ise replete &ith r#lin!s thatsince the third*party claimant is not one of theparties to the action" he co#ld not" strictly spea'in!"appeal from the order denyin! his claim" #t sho#ldfile a separate reinvindicatory action a!ainst thee)ec#tion creditor or the p#rchaser of the propertyafter the sale at p#lic a#ction" or a complaint fordama!es a!ainst the ond filed y the %#d!mentcreditor in favor of the sheriff.

.- Third Carty +laim

Section 03. Third Carty +laim. * A third party claim shall efiled &ithin five ,16 days from the last day of postin! orp#lication of the notice of e)ec#tion sale$ other&ise theclaim shall e forever arred.The third party claimant shale)ec#te an affidavit statin! his title to the property or ri!hto possession thereof &ith s#pportin! evidence" and shalfile the same &ith the Sheriff and the +ommission or LaoAriter &ho iss#ed the &rit of e)ec#tion.Hpon receipt othe third party claim" all proceedin!s" &ith respect to thee)ec#tion of the property s#%ect of s#ch claim" shala#tomatically e s#spended.The Laor Ariter &ho iss#edthe &rit may re(#ire the third party claimant to add#ceadditional evidence in s#pport of his third party claim andto post a cash or s#rety ond e(#ivalent to the amo#nt ofhis claim" as provided for in Section of R#le I" &itho#pre%#dice to the postin! y the prevailin! party of as#persedeas ond in an amo#nt e(#ivalent to that postedy the third party claimant.The Laor Ariter shall resolvethe propriety of s#ch third party claim &ithin ten ,0?

&or'in! days from s#mission of said claim for resol#tion.

. Sim#lated Sale" oidA& Ini"io

A third*party claim on a levied property does not

a#tomatically prevent e)ec#tion. ;hen a third*partyclaim is filed" the sheriff is not o#nd to proceed &iththe levy of the property #nless the %#d!ment creditoor the latterPs a!ent posts an indemnity ond a!ainsthe claim. ;here the ond is filed" the remedy of thethird*party claimant is to file an independenreivindicatory action a!ainst the %#d!ment creditor othe p#rchaser of the property at p#lic a#ction.

77777777

Art. 331. +ontempt po&ers of the Secretary of LaorIn the e)ercise of his po&ers #nder this +ode" theSecretary of Laor may hold any person in direct or

indirect contempt and impose the appropriatepenalties therefor.

77777777

Title IIIB/REA/ OF LABOR RELATIONS

Art. 33. B#rea# of Laor Relations. The B#rea# ofLaor Relations and the Laor Relations =ivisions inthe re!ional offices of the =epartment of Laor" shalhave ori!inal and e)cl#sive a#thority to act" at theio&n initiative or #pon re(#est of either or othparties" on all inter*#nion and intra*#nion conflictsand all disp#tes" !rievances or prolems arisin! fromor affectin! laor*mana!ement relations in al

&or'places" &hether a!ric#lt#ral or non*a!ric#lt#rale)cept those arisin! from the implementation ointerpretation of collective ar!ainin! a!reements

&hich shall e the s#%ect of !rievance proced#reandGor vol#ntary aritration.

The B#rea# shall have fifteen ,016 &or'in! days toact on laor cases efore it" s#%ect to e)tension y


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33/53

LABOR RELATIONSa!reement of the parties. ,As amended y Section0" Rep#lic Act No. /01" 2arch 30" 04546.

77777777

1. BLR 4/RISDICTION

The B#rea# of Laor Relations ,BLR6 no lon!erhandles 8all9 laor*mana!ement disp#tes$ rather" itsf#nctions and %#risdiction are lar!ely confined to#nion matters" collective ar!ainin! re!istry" andlaor ed#cation.

Section 0. B#rea# of Laor Relations. * The B#rea# ofLaor Relations shall set policies" standards" andproced#res on the re!istration and s#pervision ofle!itimate laor #nion activities incl#din! denial"cancellation and revocation of laor #nion permits. It shallalso set policies" standards" and proced#re relatin! tocollective ar!ainin! a!reements" and the e)amination offinancial records of acco#nts of laor or!anizations todetermine compliance &ith relevant la&s.

2. INTER/NION AND INTRA/NION DISP/TES;

D.O. NO. )77'

FInter*Hnion =isp#teF refers to any conflict et&eenand amon! le!itimate laor #nions involvin!representation (#estions for p#rposes of collectivear!ainin! or to any other conflict or disp#teet&een le!itimate laor #nions.

FIntra*Hnion =isp#teF refers to any conflict et&eenand amon! #nion memers" incl#din! !rievancesarisin! from any violation of the ri!hts and conditionsof memership" violation of or disa!reement overany provision of the #nionPs constit#tion and y*la&s"

or disp#tes arisin! fromcharterin! or affiliation of #nion.

In interGintra*#nion disp#te the complaint may efiled y a #nion or #nion memers$ in a 8related laorrelations disp#te9 the complaint may e filed y aparty*in*interest &ho is not necessarily a #nion or#nion memer.

;hether the disp#te e of the first or the secondcate!ory" the complainant or petition" if it involves anindependent #nion" a chartered local" or a &or'ersassociation" shall e filed &ith the =OLE Re!ional

Office &here the laor or!anization is re!istered. B#tif the complaint involves a federation or anind#stryGnational #nion" it shall e filed &ith the BLRitself.

3.0 =.O. No. ?*?-

The Order appears to aim the follo&in! specifico%ectives:

0. to simplify the formation and re!istration o#nions" especially chartered locals

3. to simplify and e)pedite the holdin! of certificationelections

-. to promote responsile #nionism" partic#larly inadministration of #nion f#nds

. to a#thorize #nion mer!er" consolidation" andchan!e of name

1. to a#thorize dere!istration of collective ar!ainin!a!reements

3.3 Effect of Cendency

Section -. Effects of the filin!Gpendency of interGintra*#nionand other related laor relations disp#tes. * The ri!htsrelationships and oli!ations of the parties liti!ants a!ainseach other and other parties*in*interest prior to theinstit#tion of the petition shall contin#e to remain d#rin!the pendency of the petition and #ntil the date of finality ofthe decision rendered therein.

3.- Appeal

Section 0. Appeal. * The decision of the 2ed*Ariter andRe!ional =irector may e appealed to the B#rea# y anyof the parties &ithin ten ,0?6 days from receipt thereofcopy f#rnished the opposin! party. The decision of theB#rea# =irector in the e)ercise of hisGher ori!ina

%#risdiction may e appealed to the Office of the Secretaryy any party &ithin the same period" copy f#rnished theopposin! party.

The appeal shall e verified #nder oath and shall consis

of a memorand#m of appeal specifically statin! the!ro#nds relied #pon y the appellant" &ith s#pportin!ar!#ments and evidence.

Section 0/. ;here to file appeal. * The memorand#m oappeal shall e filed in the Re!ional Office or B#rea#

&here the complaint or petition ori!inated. ;ithin t&entyfo#r ,36 ho#rs from receipt of the memorand#m oappeal" the B#rea# or Re!ional =irector shall ca#se thetransmittal thereof to!ether &ith the entire records of thecase to the Office of the Secretary or the B#rea#" as thecase may e.

Section 05. inality of =ecision. * ;here no appeal is filed&ithin the ten*day period" the B#rea# and Re!iona

=irector or 2ed*Ariter" as the case may e" shall entethe finality of the decision in the records of the case andca#se the immediate implementation thereof.

Section 04. Ceriod to reply. * A reply to the appeal may efiled y any party to the complaint or petition &ithin ten,0?6 days from receipt of the memorand#m of appeal. Thereply shall e filed directly &ith the B#rea# or the Office ofthe Secretary" as the case may e.


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LABOR RELATIONSSection 3?. =ecision of the B#rea#GOffice of the Secretary.* The B#rea# =irector or the Secretary" as the case maye" shall have t&enty ,3?6 days from receipt of the entirerecords of the case &ithin &hich to decide the appeal. Thefilin! of the memorand#m of appeal from the decision ofthe 2edAriter or Re!ional =irector and B#rea# =irectorstays the implementation of the assailed decision.

The B#rea# or Office of the Secretary may call the partiesto a clarificatory hearin! in aid of its appellate

%#risdiction.

Section 30. inality of =ecision of B#rea#GOffice of theSecretary. * The decision of the B#rea# or the Office of theSecretary shall ecome final and e)ec#tory after ten ,0?6days from receipt thereof y the parties" #nless a motionfor its reconsideration is filed y any party therein &ithinthe same period. Only one ,06 motion for reconsiderationof the decision of the B#rea# or the Office of the Secretaryin the e)ercise of their appellate %#risdiction shall eallo&ed.

Section 33. E)ec#tion of decision. * The decision of the2ed*Ariter and Re!ional =irector shall a#tomatically e

stayed pendin! appeal &ith the B#rea#. The decision ofthe B#rea# in the e)ercise of its appellate %#risdiction shalle immediately e)ec#tory #pon iss#ance of entry of final

%#d!ment.

The decision of the B#rea# in the e)ercise of its ori!inal%#risdiction shall a#tomatically e stayed pendin! appeal&ith the Office of the Secretary. The decision of the Officeof the Secretary shall e immediately e)ec#tory #poniss#ance of entry of final %#d!ment.

'. E8TENT OF BLR A/T(ORITY

In the interest of ind#strial peace and for thepromotion of the sal#tary constit#tional o%ectives ofsocial %#stice and protection to laor" thecompetence of the !overnmental entr#sted &iths#pervision over disp#tes involvin! employers andemployees as &ell as Finter*#nion and intra*#nionconflicts"F is road and e)pensive.

). KATAR/N%AN% PA-BARAN%AY3 NOTAPPLICABLE TO LABOR DISP/TES

Cresidential =ecree No. 01?5 applies only to co#rtsof %#stice and not to laor relations commissions orlaor aritrators offices.

No"e: +onciliation*mediation is no& done y N+2not BLR.

Instead of simplifyin! laor proceedin!s desi!ned ate)peditio#s settlement or referral to the proper co#rtor office to decide it finally" the position ta'en y thepetitioner &o#ld only d#plicate the conciliationproceedin!s and #nd#ly delay the disposition of thelaor case.

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Art. 33/. +ompromise a!reements. Any compromisesettlement" incl#din! those involvin! laor standardla&s" vol#ntarily a!reed #pon y the parties &ith theassistance of the B#rea# or the re!ional office of the=epartment of Laor" shall e final and indin! #ponthe parties. The National Laor Relations+ommission or any co#rt" shall not ass#me

%#risdiction over iss#es involved therein e)cept incase of non*compliance thereof or if there is primafacie evidence that the settlement &as otainedthro#!h fra#d" misrepresentation" or coercion.

77777777

1. CO-PRO-ISE A%REE-ENTS

The assistance of the BLR or the re!ional office ofthe =OLE in the e)ec#tion of a compromisesettlement is a asic re(#irement$ &itho#t it" therecan e no valid compromise settlement.

The NLR+ or any co#rt shall not ass#me %#risdiction

over iss#es involved therein" e)cept:

a6 in case of noncompliance &ith the compromisea!reement" or

6 if there is$ri#a %acieevidence that the settlemen&as otained thro#!h fra#d" misrepresentation" ocoercion.

Alon! the same line" the +o#rt reiterated in 3??1:

There are le!itimate &aivers that represent a vol#ntaryand reasonale settlement of a &or'ers claim &hichsho#ld e respected y the co#rts as the la& et&een theparties. Indeed" not all (#itclaims are per se invalid oa!ainst p#lic policy" e)cept ,06 &here there is clear proothat the &aiver &as &an!led from an #ns#spectin! o!#llile person" or ,36 &here the terms of settlement are#nconscionale on their faces$ in these cases" the la& &ilstep in to ann#l the (#estionale transactions. S#ch(#itclaims are re!arded as ineffective to ar the &or'ersfrom claimin! the f#ll meas#re of their le!al ri!hts.

2. FOR-AL RE/IRE-ENTS OF CO-PRO-ISEA%REE-ENT

+ompromise a!reements involvin! laor standardscases m#st e red#ced to &ritin! and si!ned in thepresence of the Re!ional =irector or his d#lya#thorized representative.

'. VALID CO-PRO-ISE AND /ITCLAI-

The la& loo's &ith disfavor #pon (#itclaims andreleases y employees &ho are invei!led opress#red into si!nin! them y #nscr#p#lo#semployers see'in! to evade their le!aresponsiilities. On the other hand" there are


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LABOR RELATIONSle!itimate &aivers that represent a vol#ntarysettlement of laorerPs claims that sho#ld erespected y the co#rts as the la& et&een theparties.

Not all &aivers and (#itclaims are invalid as a!ainstp#lic policy. If the a!reement &as vol#ntarilyentered into and represents a reasonalesettlement" it is indin! on the parties and may notlater e diso&ned simply eca#se of a chan!e ofmind. It is only &here there is clear proof that the

&aiver &as &an!led from an #ns#spectin! or !#llileperson" or the terms of settlement are#nconscionale on its face" that the la& &ill step into ann#l the (#estionale transaction. B#t &here it issho&n that the person ma'in! the &aiver did sovol#ntarily" &ith f#ll #nderstandin! of &hat he &asdoin!" and the consideration for the (#itclaim iscredile and reasonale" the transaction m#st ereco!nized as a valid and indin! #nderta'in!.

). CO-PRO-ISE S(O/LD BE D/LY

A/T(ORI&ED

Section 4. A#thority to Bind Carty. * Attorneys and otherrepresentatives of parties shall have a#thority to ind theirclients in all matters of proced#re$ #t they cannot" &itho#ta special po&er of attorney or e)press consent" enter intoa compromise a!reement &ith the opposin! party in f#ll orpartial dischar!e of a clientPs claim.

The a#thority to compromise cannot li!htly epres#med and sho#ld e d#ly estalished yevidence.

0. R/LIN%S ON CO-PRO-ISE SETTLE-ENTS

S/--ARI&ED

5. #(EN TO EFFECT CO-PRO-ISE FINALDECISION3 NE%OTIABLE:

A compromise a!reement may e effected at anysta!e of the proceedin!s and even &hen there isalready a final and e)ec#tor %#d!ment.

+. OPTIONS #(EN CO-PRO-ISEA%REE-ENTS IS VIOLATED

Hnder Article 3?0 of the +ivil +ode" sho#ld a party

fail or ref#se to comply &ith the terms of acompromise or amicale settlement" the other partyco#ld either: ,06 enforce the compromise y a &rit ofe)ec#tion" or ,36 re!ard it as rescinded and so insist#pon his ori!inal demand.

77777777

Art. 335. Indorsement of cases to Laor Ariters.a. E)cept as provided in para!raph ,6 of this Article"the Laor Ariter shall entertain only cases endorsedto him for comp#lsory aritration y the B#rea# or y

the Re!ional =irector &ith a &ritten notice of s#chindorsement or non*indorsement. The indorsemenor non*indorsement of the Re!ional =irector may eappealed to the B#rea# &ithin ten ,0?6 &or'in! daysfrom receipt of the notice.. The parties may" at any time" y m#t#aa!reement" &ithdra& a case from the +onciliationSection and %ointly s#mit it to a Laor Aritere)cept deadloc's in collective ar!ainin!.M,Repealedy Section 0" Batas Camansa Bilan! 0-?" A#!#s30" 04506

77777777

Art. 334. Iss#ance of s#poenas. The B#rea# shalhave the po&er to re(#ire the appearance of anyperson or the prod#ction of any paper" doc#ment omatter relevant to a laor disp#te #nder its

%#risdiction" either at the re(#est of any interestedparty or at its o&n initiative.

77777777

Art. 3-?. Appointment of #rea# personnel. TheSecretary of Laor and Employment may appoint" inaddition to the present personnel of the B#rea# andthe Ind#strial Relations =ivisions" s#ch n#mer oe)aminers and other assistants as may enecessary to carry o#t the p#rpose of the +ode. ,Asamended y Section 01" Rep#lic Act No. /012arch 30" 04546

77777777

Art. 3-0. Re!istry of #nions and file of collectivear!ainin! a!reements. The B#rea# shall 'eep are!istry of le!itimate laor or!anizations. The

B#rea# shall also maintain a file of all collectivear!ainin! a!reements and other relateda!reements and records of settlement of laodisp#tes and copies of orders and decisions ovol#ntary aritrators. The file shall e open andaccessile to interested parties #nder conditionsprescried y the Secretary of Laor andEmployment" provided that no specific informations#mitted in confidence shall e disclosed #nlessa#thorized y the Secretary" or &hen it is at iss#e inany %#dicial liti!ation" or &hen p#lic interest onational sec#rity so re(#ires.

;ithin thirty ,-?6 days from the e)ec#tion of a+ollective Bar!ainin! A!reement" the parties shals#mit copies of the same directly to the B#rea# othe Re!ional Offices of the =epartment of Laor andEmployment for re!istration" accompanied &ithverified proofs of its postin! in t&o conspic#o#splaces in the place of &or' and ratification y thema%ority of all the &or'ers in the ar!ainin! #nit. TheB#rea# or Re!ional Offices shall act #pon theapplication for re!istration of s#ch +ollectiveBar!ainin! A!reement &ithin five ,16 calendar days


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LABOR RELATIONSfrom receipt thereof. The Re!ional Offices shallf#rnish the B#rea# &ith a copy of the +ollectiveBar!ainin! A!reement &ithin five ,16 days from itss#mission.

The B#rea# or Re!ional Office shall assess theemployer for every +ollective Bar!ainin! A!reementa re!istration fee of not less than one tho#sandpesos ,C0"???.??6 or in any other amo#nt as may edeemed appropriate and necessary y the Secretaryof Laor and Employment for the effective andefficient administration of the ol#ntary AritrationCro!ram. Any amo#nt collected #nder this provisionshall accr#e to the Special ol#ntary Aritration#nd.

The B#rea# shall also maintain a file and shall#nderta'e or assist in the p#lication of all finaldecisions" orders and a&ards of the Secretary ofLaor and Employment" Re!ional =irectors and the+ommission. ,As amended y Section 01" Rep#licAct No. /01" 2arch 30" 04546

77777777

RE%ISTRY OF /NIONS AND CBA,

The B#rea# shall 'eep a re!istry of le!itimate laoror!anizations.

The B#rea# shall also maintain a file of all +ollectiveBar!ainin! A!reements ,+BAs6 and other relateda!reements.

77777777

Art. 3-3. Crohiition on certification election. The

B#rea# shall not entertain any petition forcertification election or any other action &hich maydist#r the administration of d#ly re!istered e)istin!collective ar!ainin! a!reements affectin! theparties e)cept #nder Articles 31-" 31-*A and 31 ofthis +ode. ,As amended y Section 01" Rep#lic ActNo. /01" 2arch 30" 04546

77777777

T(E CONTRACTBAR R/LE

Article 3-3 spea's of the contract*ar r#le &hichmeans that &hile a valid and re!istered +BA iss#sistin!" the B#rea# is not allo&ed to hold anelection contestin! the ma%ority stat#s of theinc#ment #nion. The e)istence of the +BA does notallo&" that is" it ars" the holdin! of the inter*#nionelectoral contest. The election is le!ally allo&ed"says Art. 31" only d#rin! the 8freedom period9 &hichrefers to the last ? days of the fifth year of a +BA.

The o%ective of the r#le" ovio#sly" is to minimize#nion 8politic'in!9 #ntil the proper time comes.

77777777

Art. 3--. Crivile!ed comm#nication. Information andstatements made at conciliation proceedin!s shale treated as privile!ed comm#nication and shall noe #sed as evidence in the +ommission+onciliators and similar officials shall not testify inany co#rt or ody re!ardin! any matters ta'en #p atconciliation proceedin!s cond#cted y them.

77777777

Title IVLABOR OR%ANI&ATIONS

Chapter IRE%ISTRATION AND CANCELLATION

Art. 3-. Re(#irements of Re!istration. * Afederation" national #nion or ind#stry or trade #nioncenter or an independent #nion shall ac(#ire le!apersonality and shall e entitled to the ri!hts andprivile!es !ranted y la& to le!itimate laoor!anizations #pon iss#ance of the certificate o

re!istration ased on the follo&in! re(#irements:

,a6 ifty pesos ,C1?.??6 re!istration fee$

,6 The names of its officers" their addresses" theprincipal address of the laor or!anization" themin#tes of the or!anizational meetin!s and the list othe &or'ers &ho participated in s#ch meetin!s$

,c6 In case the applicant is an independent #nionthe names of all its memers comprisin! at least&enty percent ,3?U6 of all the employees in thear!ainin! #nit &here it see's to operate$

,d6 If the applicant #nion has een in e)istence foone or more years" copies of its ann#al financiareports$ and

,e6 o#r copies of the constit#tion and y*la&s of theapplicant #nion" min#tes of its adoption oratification" and the list of the memers &hoparticipated in it. ,As amended y Rep#lic Act No450" 2ay 31" 3??/6

77777777

Art. 3-*A. +harterin! and +reation of a Loca+hapter. * A d#ly re!istered federation or nationa#nion may directly create a local chapter y iss#in!a charter certificate indicatin! the estalishment othe local chapter. The chapter shall ac(#ire le!apersonality only for p#rposes of filin! a petition focertification election from the date it &as iss#ed acharter certificate.

The chapter shall e entitled to all other ri!hts andprivile!es of a le!itimate laor or!anization only


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LABOR RELATIONS#pon the s#mission of the follo&in! doc#ments inaddition to its charter certificate:

,a6 The names of the chapterPs officers" theiraddresses" and the principal office of the chapter$and

,6 The chapterPs constit#tion and y*la&s: Crovided"That &here the chapterPs constit#tion and y*la&sare the same as that of the federation or the national#nion" this fact shall e indicated accordin!ly.

The additional s#pportin! re(#irements shall ecertified #nder oath y the secretary or treas#rer ofthe chapter and attested y its president.

77777777

Art. 3-1. Action on application. The B#rea# shall acton all applications for re!istration &ithin thirty ,-?6days from filin!.

All re(#isite doc#ments and papers shall e certified

#nder oath y the secretary or the treas#rer of theor!anization" as the case may e" and attested to yits president.

77777777

Art. 3-. =enial of re!istration$ appeal. The decisionof the Laor Relations =ivision in the re!ional officedenyin! re!istration may e appealed y theapplicant #nion to the B#rea# &ithin ten ,0?6 daysfrom receipt of notice thereof.

77777777

Art. 3-/. Additional re(#irements for federations or

national #nions. S#%ect to Article 3-5" if theapplicant for re!istration is a federation or a national#nion" it shall" in addition to the re(#irements of theprecedin! Articles" s#mit the follo&in!:

a. Croof of the affiliation of at least ten ,0?6 locals orchapters" each of &hich m#st e a d#ly reco!nizedcollective ar!ainin! a!ent in the estalishment orind#stry in &hich it operates" s#pportin! there!istration of s#ch applicant federation or national#nion$ and. The names and addresses of the companies

&here the locals or chapters operate and the list ofall the memers in each company involved.

77777777

Art. 3-5. +onditions for re!istration of federations ornational #nions. No federation or national #nion shalle re!istered to en!a!e in any or!anization activityin more than one ind#stry in any area or re!ion" andno federation or national #nion shall e re!istered toen!a!e in any or!anizational activity in more thanone ind#stry all over the co#ntry.

The federation or national #nion &hich meets there(#irements and conditions herein prescried mayor!anize and affiliate locals and chapters &itho#re!isterin! s#ch locals or chapters &ith the B#rea#.

Locals or chapters shall have the same ri!hts andprivile!es as if they &ere re!istered in the B#rea#provided that s#ch federation or national #nionor!anizes s#ch locals or chapters &ithin its assi!nedor!anizational field of activity as may e prescriedy the Secretary of Laor.

The B#rea# shall see to it that federations andnational #nions shall only or!anize locals andchapters &ithin a specific ind#stry or #nion.,Repealed y E)ec#tive Order No. 000" =eceme3" 0456

77777777

1. LABOR OR%ANI&ATION T#O BROADP/RPOSES

A 8laor or!anization9 is not al&ays a #nion$ it maye an 8association of employees.9 And" the p#rposeis not only or necessarily 8collective ar!ainin!9 #also dealin! &ith employers concernin! terms andconditions of employment.

FLaor Or!anizationF refers to any #nion oassociation of employees in the private sector &hiche)ists in &hole or in part for the p#rpose of collectivear!ainin!" m#t#al aid" interest" cooperationprotection" or other la&f#l p#rposes.

FLe!itimate Laor Or!anizationF refers to any laoor!anization in the private sector re!istered oreported &ith the =epartment in accordance &ithR#les III and I of these R#les.

FHnionF refers to any laor or!anization in the privatesector or!anized for collective ar!ainin! and foother le!itimate p#rposes.

;e sho#ld note that not every #nion is 8le!itimate$9only those properly re!istered are considered LLOB#t non*re!istration does not mean it is 8ille!itimate$9it simply is #nre!istered and has no le!al personalityIt e)ists le!ally #t does not possess the ri!hts of anLLO.

FE)cl#sive Bar!ainin! RepresentativeF refers to ale!itimate laor #nion d#ly reco!nized or certified asthe sole and e)cl#sive ar!ainin! representative oa!ent of all the employees in a ar!ainin! #nit.

F;or'ersP AssociationF refers to an association o&or'ers or!anized for the m#t#al aid and protection


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LABOR RELATIONSof its memers or for any le!itimate p#rpose otherthan collective ar!ainin!.

FLe!itimate ;or'ersP AssociationF refers to anassociation of &or'ers or!anized for m#t#al aid andprotection of its memers or for any le!itimatep#rpose other than collective ar!ainin! re!istered

&ith the =epartment in accordance &ith R#le III"Sections 3*+ and 3*= of these R#les.

0.0 =istinction Bet&een 8+ollective Bar!ainin!9 and8=ealin! &ith Employer9

To ar!ain collectively is a ri!ht that may eac(#ired y a laor or!anization after re!isterin!itself &ith the =epartment of Laor and Employmentand after ein! reco!nized or certified y =OLE asthe e)cl#sive ar!ainin! representative ,EBR6 of theemployees.

=ealin! &ith employer" on the other hand" is a!eneric description of interaction et&een employer

and employees concernin! !rievances" &a!es" &or'ho#rs and other terms and conditions ofemployment" even if the employees !ro#p is notre!istered &ith the =epartment of Laor andEmployment.

2. CLASSIFICATION OF LABOROR%ANI&ATIONS

FNational HnionGederationF means any laoror!anization &ith at least ten ,0?6 locals or chapterseach of &hich m#st e a d#ly reco!nized collectivear!ainin! a!ent.

8Ind#stry Hnion9 means any !ro#p of le!itimate laoror!anizations operatin! &ithin an identified ind#stry"or!anized for collective ar!ainin! or for dealin! &ithemployers concernin! terms and conditions ofemployment &ithin an ind#stry" or for participatin! inthe form#lation of social and employment policies"standards and pro!rams in s#ch ind#stry" &hich isd#ly re!istered &ith the =epartment. =.O. No. ?*?-"ho&ever" does not carry this term and this definition"altho#!h #nder R#le III" Section 3*B" 8laoror!anizations operatin! &ithin an identified ind#strymay also apply for re!istration as a federation ornational #nion &ithin the specified ind#stry ys#mittin! to the B#rea# the same set of doc#ments,as re(#ired of federations and national #nions.69

8Trade Hnion +enter9 means any !ro#p of re!isterednational #nions or federations or!anized for them#t#al aid and protection of its memers" forassistin! s#ch memers in collective ar!ainin!" orfor participatin! in the form#lation of social andemployment policies" standards and pro!rams"

&hich is d#ly re!istered &ith the =epartment.

An 8alliance9 is an a!!re!ation of #nions e)istin! inone line of ind#stry" or in a con!lomerate" a !ro#p ofranchises" a !eo!raphical area" or an ind#striacenter.

A 8company*#nion9 is a laor or!anization &hich" in&hole or in part" is employer*controlled or employerdenominated. Article 35,d6 prohiits ein! acompany #nion.

3.0 Hnions at Enterprise Level

A laor #nion at the enterprise level may e createdeither y ,a6 independent re!istration or ,6charterin!. Independent re!istration is otained ythe #nion or!anizers in an enterprise thro#!h theiro&n action instead of thro#!h iss#ance of a chartery a federation or national #nion. An independent#nion has a le!al personality of its o&n not derivedfrom that of a federation.

FIndependent HnionF refers to a laor or!anizationoperatin! at the enterprise level that ac(#ired le!apersonality thro#!h independent re!istration #nder Article3- of the Laor +ode and R#le III" Section 3*A of theseR#les.

+harterin!" on the other hand" ta'es place &hen ad#ly re!istered federation or national #nion iss#e acharter to a #nion in an enterprise and re!isters thecreation of the chapter &ith the Re!ional Office

&here the applicants operates. The #nion recipienof the charter s called a chapter or local or charteredlocal. Its le!al personality is derived from thefederationG national #nion #t it may s#se(#ently

re!ister itself independently.

'. RE%ISTRATION RATIONALE

A laor or!anization may e re!istered or not. Ire!istered &ith =OLE" it is considered 8le!itimatelaor or!anization9 ,LLO6. B#t the reverse #s notr#e" that is" a laor or!anization is not 8ille!itimate

%#st eca#se it is #nre!istered. It is still la&f#or!anization and can deal &ith the employer" #t ihas no le!al personality to demand collectivear!ainin! &ith the employer. It cannot petition for acertification election and cannot hold a le!al stri'e.

Re!istration is merely a condition ine *ua non fothe ac(#isition of le!al personality y laoor!anizations" associations or #nions and thepossession of the ri!hts and privile!es !ranted yla& to le!itimate laor or!anizations.

S#ch re(#irement is a valid e)ercise of the policepo&er" eca#se the activities in &hich laoor!anizations" associations and #nion of &or'ers are


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LABOR RELATIONSen!a!ed affect p#lic interest" &hich sho#ld eprotected.

-.0 Effect of Re!istration Hnder the +orporation La&

A laor or!anization may e or!anized #nder the+orporation La& as a non*stoc' corporation andiss#ed a certificate of incorporation y the Sec#ritiesand E)chan!e +ommission. B#t s#ch incorporationhas only the effect of !ivin! to it %#ridical personalityefore re!#lar co#rts of %#stice. S#ch incorporationdoes not !rant the ri!hts and privile!es of ale!itimate laor or!anization.

). #(ERE TO RE%ISTER

Applications for re!istration of independent laor#nions" chartered locals" and &or'ers associationshall e filed &ith the Re!ional Office &here theapplicant principally operates.

If the Re!ional Office denies the application" the

denial is appealale to the B#rea# and from there tothe +o#rt of Appeals ,not to the Secretary of Laor6if proper !ro#nds e)ist.

0. RE%ISTRATION RE/IRE-ENTS

1.0 Independent Laor Hnion

Section 3. Re(#irements for application. * A. Theapplication for re!istration of an independent laor #nionshall e accompanied y the follo&in! doc#ments:

,a6 the name of the applicant laor #nion" its principaladdress" the name of its officers and their respective

addresses" appro)imate n#mer of employees in thear!ainin! #nit &here it see's to operate" &ith a statementthat it is not reported as a chartered local of any federationor national #nion$

,6 the min#tes of the or!anizational meetin!,s6 and thelist of employees &ho participated in the said meetin!,s6$

,c6 the name of all its memers comprisin! at least 3?U ofthe employees in the ar!ainin! #nit$

,d6 the ann#al financial reports if the applicant has een ine)istence for one or more years" #nless it has notcollected any amo#nt from the memers" in &hich case astatement to this effect shall e incl#ded in the application$

,e6 the applicantPs constit#tion and y*la&s" min#tes of itsadoption or ratification" and the list of the memers &hoparticipated in it. The list of ratifyin! memers shall edispensed &ith &here the constit#tion and y*la&s &asratified or adopted d#rin! the or!anizational meetin!. Ins#ch a case" the fact#al circ#mstances of the ratificationshall e recorded in the min#tes of the or!anizationalmeetin!,s6.

1.3 ederation or National Hnion

B. The application for re!istration of federations andnational #nions shall e accompanied y the follo&in!doc#ments:

,a6 a statement indicatin! the name of the applicant lao#nion" its principal address" the name of its officers andtheir respective addresses$

,6 the min#tes of the or!anizational meetin!,s6 and thelist of employees &ho participated in the said meetin!,s6$

,c6 the ann#al financial reports if the applicant #nion haseen in e)istence for one or more years" #nless it has notcollected any amo#nt from the memers" in &hich case astatement to this effect shall e incl#ded in the application

,d6 the applicant #nionPs constit#tion and y*la&s" min#tesof its adoption or ratification" and the list of the memers

&ho participated in it. The list of ratifyin! memers shall edispensed &ith &here the constit#tion and y*la&s &asratified or adopted d#rin! the or!anizational meetin!,s6. Ins#ch a case" the fact#al circ#mstances of the ratificationshall e recorded in the min#tes of the or!anizationa

meetin!,s6$

,e6 the resol#tion of affiliation of at least ten ,0?6 le!itimatelaor or!anizations" &hether independent #nions ochartered locals" each of &hich m#st e a d#ly certified oreco!nized ar!ainin! a!ent in the estalishment &here isee's to operate$ and

,f6 the name and addresses of the companies &here theaffiliates operate and the list of all the memers in eachcompany involved.

Laor or!anizations operatin! &ithin an identified ind#strymay also apply for re!istration as a federation or nationa#nion &ithin the specified ind#stry y s#mittin! to the

B#rea# the same set of doc#ments.

1.- ;or'ers Association

+. The application for re!istration of a &or'ersP associationshall e accompanied y the follo&in! doc#ments:

,a6 the name of the applicant association" its principaaddress" the name of its officers and their respectiveaddresses$

,6 the min#tes of the or!anizational meetin!,s6 and thelist of memers &ho participated therein$

,c6 the financial reports of the applicant association if it haseen in e)istence for one or more years" #nless it has notcollected any amo#nt from the memers" in &hich case astatement to this effect shall e incl#ded in the application

,d6 the applicantPs constit#tion and y*la&s to &hich m#se attached the names of ratifyin! memers" the min#tesof adoption or ratification of the constit#tion and y*la&sand the date &hen ratification &as made" #nlessratification &as done in the or!anizational meetin!,s6" in

&hich case s#ch fact shall e reflected in the min#tes othe or!anizational meetin!,s6.


-4D C L A T O N


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LABOR RELATIONS

1. +hartered Local

1.a ;hen =oes a +hartered Local Become an LLO

The ac(#isition of le!al personality cannot e theda"e o% %iling of the doc#ments. Section -,=epartment Order No. 4" 044/6 &as defeatin! thevery p#rpose of re!istration of #nions &hich &as toloc' off fly*y*ni!ht #nions.

1. ;hen =oes a +hartered Local Ac(#ire Le!alCersonality #nder =.O. No. ?" Series of 3??-

Section 5. Effect of re!istration. * The laor #nion or&or'ersP association shall e deemed re!istered andvested &ith le!al personality on the date of iss#ance of itscertificate of re!istration or certificate of creation ofchartered local

The determinative date no& is not the date there(#ired doc#ments &ere filed #t the date the

certificate &as iss#ed. And the date of iss#ance isli'ely to e the date the doc#ments &ere filedeca#se =.O. No. ?*=*?1" s#pplementin! =.O. No.?*?-" re(#ires the Re!ional Office or the B#rea# toeither approve or deny the application for re!istration8&ithin one ,06 day from receipt thereof.9

1.c Reco!nition y BLR not a 2inisterial =#ty

1.d +hartered Local as to e Re!istered$Re(#irements

1.e Re!istration Re(#irements for a +harteredLocal

E. A d#ly*re!istered federation or national #nion maydirectly create a chartered local y s#mittin! to theRe!ional Office t&o ,36 copies of the follo&in!:

,a6 A charter certificate iss#ed y the federation or national#nion indicatin! the creation or estalishment of thelocalGchapter$

,6 The names of the localGchapters officers" theiraddresses" and the principal office of the localGchapter$and

,c6 The localGchapters constit#tion and y*la&s" provided

that &here the localGchapters constit#tion and y*la&s isthe same as that of the federation or national #nion" thisfact shall e indicated accordin!ly.

All of the fore!oin! s#pportin! re(#irements shall ecertified #nder oath y the Secretary or the Treas#rer ofthe localGchapter and attested y its Cresident. ,Asamended y =O ?*B*?-.6

Labor by Azucena

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