I. Right to Self Organization

Art. 246 (Non-Abridgment of right to self organization- It shall be unlawful for any person to restrain, Coerce, discriminate against or unduly interfere with employees and workers in their exercise of the right to self organization. Such right shall include the right to form, join or assist labor organization for the purpose of collective bargaining. (LBP)

Art. III Sec. 8- Right of people to form unions, associations and societies shall not be abridged.

Art. XIII Sec III- The state shall promote full protection to labor….

II. Labor orgs

Any union or association of employees which existsin whole or in part for the purpose of: collective bargaining or of dealing with employers concerning termsand conditions of employment

Union Function and Rationale1. To promote interests of labor without unnecessary labordisputes (United Seaman’s Union v Davao Ship-ownersAssoc (1967)).2. It is the instrumentality through which an individuallaborer who is helpless as against a powerful employermay, through concerted effort and activity, achieve thegoal of economic well-being. Workers unorganized areweak, workers organized are strong

RIGHTS OF LEGITIMATE LABOR ORGANIZATIONART. 2421. to act as REPRESENTATIVE of MEMBERS for purposeof collective bargaining2. to be certified as EXCLUSIVE REPRESENTATIVE ofEMPLOYEES in appropriate bargaining unit forpurpose of collective bargaining3. to BE FURNISHED by employer, upon writtenrequest, with its annual audited FINANCIALSTATEMENTS4. to OWN PROPERTY, real/personal, for use andbenefit of the labor organization and its members5. to SUE and be sued in its registered name6. to UNDERTAKE ALL activities designed to benefit the

organization and members – not contrary to law7. income, properties, grants, endowments, gifts,donations, and contributions – used for their lawfulpurposes – shall be FREE from TAXES, DUTIES andASSESSMENTS, except when this provision isexpressly repealed by a special law

Who may form a labour Union?

Employee- Includes any person in the employ of an employer

1. Rank and file employees

-It is immaterial if the institution is non profit

-Self employed workers may also form a labor union

2. Supervisory employees (Not in a rank and file labour union)

- are those who, in the interest of the employer,

Effectively RECOMMENDS such managerial actions If the exercise of such authority is not merely routinary orclerical in nature But requires the use of INDEPENDENT JUDGMENT.

-For their mutual aid and protection

3. Government Employees

Who cannot form a Labour Union?

By Law

1. Managerial employees s one who is vested with powers orprerogatives: To lay down and execute management policies and/ or To hire, transfer, suspend, layoff, recall, discharge, assign, ordiscipline employees.

2. High level employees

3. Aliens

By Jurisprudence

1. Employee of a cooperative

2. Confidential Employees- an employee who (1) assist or act in confidential capacity (2) to persons who formulate, determine and effectuate management policies in the field of labor relations

By the constitution:

1. Members of the AFP, Police officers, Policemen , Firemen, and Jail Guards

Independent Union- Requirements (DOLE)

1.50 Pesos registration Fee

2. Names of the officers and members forming the labour union and the number of minutes

3. Name of members (20% of the Bargaining unit)

4. Copies of annual Financial Report

5.4 copies of constitution and Bylaws

Limited grounds for the cancellation for union registration

-Misrepresentation, false statement or frau in connection with the adoption or ratification of the constitution

-Failure to submit the necessary documents

-Acting as Labor contractor engaging in the cabo system (Labor only contracting)

-Entering into Bargaining below the minimum standards

-Failure to comply with requirements under articles 237 and 238