AMENDING
THE RULES IMPLEMENTING BOOK V OF THE LABOR CODE, AS AMENDED.
ARTICLE
I. The Rules implementing
Book V
of the Code
are hereby
amended to read as follows:
RULE I
DEFINITION
OF
TERMS
Section
1. Definition of terms. -
.
(a)
"Department" means the Department of Labor and Employment.“Secretary”
refers to the Head of the Department.
.
(b)
"Commission" means the National Labor Relations Commission or any of
its
divisions.
.
.
(c)
"Bureau" means the Bureau of Labor Relations and/or the Labor Relations
Division in the Regional Offices of the Department.
..
(d)
"Board" means the National Conciliation and Mediation Board established
under Executive Order No. 126.
.
(e)
"Code" means the Labor Code of the Philippines, as amended.
.
(f)
"Employer" includes any person acting in the interest of an employer,
directly
or indirectly. The term shall not include any labor organization or any
of its officers or agents except when acting as an employer.
.
(g)
"Employee" includes any person in the employ of a particular employer.
The term shall not be limited to the employees of a particular
employer,
unless the Code so explicitly states. It shall include any individual
whose
work has ceased as a result of or in connection with any current labor
dispute or because of any unfair labor practice if he has not obtained
any other substantially equivalent and regular employment.
.
(h)
"Labor Organization" means any union or association of employees which
exists in whole or in part for the purpose of collective bargaining or
for dealing with employers concerning terms and conditions of
employment.
.
(i)
"Legitimate Labor Organization" means any labor organization defined
under
letter (h) hereof which is duly registered with the Department. The
term
includes a local/chapter directly chartered by a federation or national
union which has been duly reported to the Department in accordance with
Rule VI, Section 2 of this Book.
.
(j)
"Workers’ Association" means any association of workers organized for
the
mutual aid and protection of its members or for any legitimate purpose
other than collective bargaining.
.
(k)
"Independent Union" means any labor organization operating at the
enterprise
level whose legal personality is derived through an independent action
for registration prescribed under Article 234 of the Code andRule
III, Section 2 of these Rules.An
independent union may be affiliated with a federation, national or
industry
union, in which case it may also be referred to as an affiliate.
.
(l)
"Local Union/Chapter" means any labor organization operating at the
enterprise
level whose legal personality is derived through the issuance of a
charter
by a duly registered federation or national union, subject to the
reporting
requirements prescribed in Rule VI, Section 1 ofthese
Rules.
..
(m)
"National Union/Federation" means any labor organization with at least
ten (10) locals/chapters or affiliates each of which must be a duly
certified
or recognized collective bargaining agent.
..
(n)
"Legitimate Workers’ Association" means any workers association defined
under letter (j) hereof which is duly registered with the Department.
..
(o)
"Industry Union" means any group of legitimate labor organizations
operating
within an identified industry, organized for collective bargaining or
for
dealing with employers concerning terms and conditions of employment
within
an industry, or for participating in the formulation of social and
employment
policies, standards and programs in such industry, which is duly
registered
with the Department in accordance with Rule IIII, Section 2 of these
Rules.
..
(p)
"Trade Union Center" means any group of registered national unions or
federations
organized for the mutual aid and protection of its members, for
assisting
such members in collective bargaining, or for participating inthe
formulation of social and employment policies, standards and programs,
which is duly registered with the Department in accordance with Rule
III,
Section 2 of these Rules.
.
(q)"Bargaining
Unit" refers to a group of employees sharing mutual interests within a
given employer unit, comprised of all or less than all of the entire
body
of employees in the employer unit or any specific occupational or
geographical
grouping within such employer unit.
.
(r)
"Exclusive Bargaining Representative" means any legitimate labor
organization
duly recognized or certified as the sole and exclusive bargaining agent
of all the employees in a bargaining unit.
.
(s)
"Labor or Industrial Dispute" includes any controversy or matter
concerning
terms or conditions of employment or the association or representation
of personsin negotiating, fixing,
maintaining, changing or arrangingterms
and conditions of employment, regardless of whether or not the
disputants
stand in the proximate relationship of employers and employees.
.
(t)
"Managerial Employee" is one who is vested with powers or prerogatives
to lay down and execute management policies and/or to hire, transfer,
suspend,
layoff, recall, discharge, assign or discipline employees. "Supervisory
Employee"is onewho,
in the interest of the employer, effectively recommends managerial
actions
if the exercise of such authority is not merely routinary or clerical
in
nature but requires the use of independent judgment.All
employees not falling withinthedefinitions
of managerial or supervisory employee are considered rank-and-file
employees,
for purposes of these Rules.
.
(u)
"Voluntary Arbitrator" means any person accredited by the Board as
such,
or any person named or designated in the collective bargaining
agreement
by the parties to act as their voluntary arbitrator, or one chosen,
with
or without the assistance of the Board, pursuant to a selection
procedure
agreed upon in the collective bargaining agreement.
.
(v)
"Strike" means any temporary stoppage of work by the concerted action
of
employees as a result of a labor or industrial dispute.
.
(w)
"Strike-Breaker" means any person who obstructs, impedes, or interferesby
force, violence, coercion, threats or intimidation with any peaceful
picketing
by employees during any labor controversy affecting wages, hours or
conditions
of work or in the exercise of the right to self-organization or
collective
bargaining.
.
(x)
"Strike Area" means the establishment, warehouse, depots, plants or
offices,
including the sites or premises used as run-away shops of the employer
struck against, as well as the immediate vicinity actually used by
picketing
strikers in moving to and fro before all points of entrance to and exit
from said establishment.
.
(y)"Lockout"
means the temporary refusal of an employer to furnish work as a result
of a labor or industrial dispute.
.
(z)
"Intra-Union Dispute" refers to any conflict between and among union
members,
and includes all disputes or grievances arising from any violation of
or
disagreement over any provision of the constitution and by-laws of a
union,
including cases arising from chartering or affiliation of labor
organizations
or from any violation of the rights and conditions of union membershipprovided
for in the Code.
.
(aa)
"Inter-Union Dispute"refers to any
conflict between and among legitimate labor organizations involving
questions
of representation for purposes of collective bargaining.It
also includes all other conflicts which legitimate labor organizations
may have against each other based on any violations of their rights as
labor organizations.
.
(bb)"Appeal"
means the elevation by an aggrieved party of any decision, order or
award
of a lower body to a higher body, by means of a pleading which includes
the assignment of errors,arguments
in support thereof, and the reliefs prayed for. A mere notice of
appeal,
therefore, does not constitute the appeal as herein defined and
understood,
and shall not stop the running of the period for perfecting an appeal.
.
(cc)
"Perfection of an Appeal" includes the filing, within the prescribed
period,
of the memorandum of appeal containing, among others, the assignment of
error/s, arguments in support thereof, the reliefs sought and, in
appropriate
cases, posting of the appeal bond.
.
(dd)
"Certification Election" means the process of determining through
secret
ballot the sole and exclusive bargaining representative of the
employees
in an appropriate bargaining unit, for purposes of collective
bargaining.
.
(ee)
"Consent Election" means the election voluntarily agreed upon by the
parties,
with or without the intervention of the Department, to determine the
issue
of majority representation of all the workers in the appropriate
collective
bargaining unit.
.
(ff)
"Run-Off Election"refers to an election
between the labor unions receiving the two (2) highest number of votes
when a certification election which provides for three (3) or more
choices
results in no choice receiving a majority of the valid votes cast;
provided,
that the total number of votes for all contending unions is at least
fifty
percent (50%) of the number of votes cast.
.
(gg)
"ElectionProceedings” refer to the
period during a certification, consent or run-off election or election
of union officers starting from the opening to the closing of the
polls,
including the counting and tabulation of the votes, but excluding the
period
for the final determination of the challenged votes and the canvass
thereof.
.
(hh)
"Organized Establishment" refers to a firm or company where there
exists
a recognized or certified exclusive bargaining agent.
.
(ii)
"Registration Proceedings" refer to proceedings involving the
application
for registration of a labor organization or a workers’ association.
.
(jj)
"Cancellation Proceedings" refer to the process leading to the
revocation
of the legal personality of a labor organization or a workers’
association
after due process.
.
(kk)
"Hearing Officers" are officers authorized by the Secretary to hear and
decide cases under Article 129 of theCode,
as amended by Section 2 of Republic Act No. 6715, and whose decision is
appealable to the Commission.
.
(ll)
"Union Accounts Examiners" are officers of the Bureau or in the
Regional
Offices assigned to conduct an audit of thebooks
of accounts of a legitimate labor organization or workers association.
.
(mm)
"Election Officer" refers to an officer assigned by the Bureau or
Regional
Director to conduct and supervise certification elections and to
provide
assistance, whenever requested, in the conduct of election of union
officers
in accordance withRules XI, XII
and XIII of these Rules.
.
(nn)
"Term of Office" refers to the fixed period of five (5) years during
which
the duly elected officers of a labor organizationshall
discharge the functions of their office.
.
(oo)
"Cabo" refers to a person or group of persons or to a labor group
which,
in the guise of a labor organization, supplies workers to an employer,
with or without any monetary or other consideration whether in the
capacity
of an agent of the employer or as an ostensible independent contractor.
.
(pp)
"Collective Bargaining Agreement" refers to the negotiated contract
between
a legitimate labor organization and the employer concerning wages,
hours
of work and all other terms and conditions of employment in a
bargaining
unit.
.
(qq)
"Med-Arbiter" is an officer in
theRegional Office or in the Bureau
authorized to hear, conciliate, mediate and decide representation cases,or
to assist in the disposition of intra- or inter-union disputes.
.
(rr)
“Conciliator-Mediator" is an officer of the Board whose principal
function
is to assist in the settlement and disposition of labor-management
disputes
through conciliation and preventive mediation, including thepromotion
and encouragement of voluntary approaches to labor disputes prevention
and settlement.
.
.
RULE II
.
COVERAGE OF
THE RIGHT TO SELF-ORGANIZATION
.
Section
1.Policy.- It is the policy of the
State to promote the free and responsible exercise of the right to
self-organization
through the establishment of a simplified mechanism for the speedy
registration
of labor organizations and workers’ associations, determination of
representation
status, and resolution of intra- and inter-union disputes.Only
legitimate or registered labor organizations or workers’ associations
shall
have the right to represent their members for collective bargaining and
other purposes.
.
Section
2.Who may joinlabor
organizations.-All
persons employed in commercial, industrial and agricultural
enterprises,
including employees of government-owned or controlled corporations
without
original charters established under the Corporation Code, as well as
employees
of religious, charitable, medical or educational institutions whether
operating
for profit or not, shall have the right to self-organization and to
form,
join or assist labor organizations for purposes of collective
bargaining;
provided, however, that supervisory employeesshall
not be eligible for membership in a labor organization of the
rank-and-file
employees but may form, join or assist separate labor organizations of
their own.Managerial employees shall
not be eligible to form, join or assist any labor organization for
purposes
of collective bargaining.Alien employees
withvalidworking
permits issued by the Department may exercise the right to
self-organization
and join or assist labor organizations for purposes of collective
bargaining
if they are nationals of a country which grants the same or similar
rights
to Filipino workers, as certified by the Department of Foreign Affairs.
.
For
the purpose of this Section, any employee, whether employed for a
definite
period or not, shall, beginning on the first day of his service, be
eligible
for membership in any labor organization.
.
Section
3. All other workers including ambulant, intermittent and other
workers,
the self-employed, rural workers and those without any definite
employers
may form workers associations for their mutual aid and protection and
for
other legitimate purposes.
.
.
RULE III
.
REGISTRATION
OF LABOR ORGANIZATIONS
.
Section
1. Where to file applications. - The application for registration of
any
federation, national or industry union or trade union center shall be
filed
with the Bureau.Where the application
is filed with the Regional Office, the same shall be immediately
forwarded
to the Bureau within forty-eight (48) hours from filing thereof,
together
with all the documents supporting the registration.
.
The
application for registration of an independent union shall be filed
with
and be acted upon by the Regional Office where the applicant’s
principal
office is located.
.
The
charter certificate issued by a federation or national union in
creating
a local/chapter, together with the supporting documents evidencing the
establishment of such local/chapter, shall be filed with the Regional
Office
or the Bureau within thirty (30) days from the issuance of such charter
certificate.
.
Section2.Requirements
for registration of labor organizations.-
(I) The application for registration of an independent union shall be
supported
by the following:
.
(a)The
names of its officers, their addresses, the principal address of the
labor
organization, the minutes of the organizational meetings and the list
of
workers who participated in such meetings;
.
(b)The
number of employees and names of all its members comprising at least
twenty
percent (20%) of the employees in the bargaining unit where it seeks to
operate;
.
(c)If
the applicant unionhas been in existence
for one or more years, two copies of its annual financial reports,
unless
it has not collected any amount from the members, in which case a
statement
to this effect shall be included in the application; and
.
(d)Four
copies of its constitution and by-laws,minutes
of its adoption or ratification, and the list of the members who
participated
in it. However, the list of ratifying members shall be dispensed with
where
the constitution and by-laws was ratified or adopted during the
organizational
meeting referred to in paragraph (a) above.In
such case, the factual circumstances of the ratification shall be
recorded
in the minutes of the organizational meeting.
.
(II)The
application for registration of a federation or national union shall,
in
addition to sub-paragraphs (a), (c) and (d) of the immediately
preceding
paragraph, be supported by:
.
(a)The
resolution of affiliation of at least ten (10) locals/chapters or
affiliates,
each of which must be a duly recognized or certified bargaining
representative
in the establishment where it seeks to operate; and
.
(b)
The names and addresses of the companies where the locals/chapters or
affiliates
operate and the list of all the members in each company involved.
.
(III)The
application for registration of an industry or trade union center shall
be supported by the following:
.
(a)The
list of its member organizations and their respective presidents and,
in
the case of an industry union, the industry where the union seeks to
operate;
.
(b)The
resolution of membership of eachmember
organization, approved by the Board of Directors of such union;
.
(c)The
name and principal address of the applicant, the names of its officers
and their addresses, the minutes of its organizational meeting/s, and
the
list of member organizations and their representatives who attended
such
meeting/s; and
.
(d)
A copy of its constitution and by-laws and minutes of its ratification
by a majority of the presidents of the member organizations, provided
that
where the ratification was done simultaneously with the organizational
meeting, it shall be sufficient that the fact of ratification be
included
in the minutes of the organizational meeting.
.
.
RULE IV
.
REGISTRATION
OF WORKERS’ ASSOCIATIONS
.
Section
1. Where to file applications.-The
application for registration of a workers association whose place of
operation
is confined to one regional jurisdiction shall be filed directly and
acted
upon by the Regional Office where it operates.Otherwise,
the application shall be filed and acted upon by the Bureau.
.
Section
2. Requirements for registration.-The
application for registration of a workers association shall be
supported
by the following:
.
(a)
The names of its members, their addresses, the principal office of the
applicant, the minutes of its organizational meeting/s, and the names
of
its individual members who attended such meeting/s;
.
(b)
A copy of its constitution and by-laws, duly ratified by a majority of
its individual members;
.
(c)
In the case of any grouping of workers’ associations, the requirements
under Rule III, Section 2, No. III of these Rules shall apply.
.
.
RULE V
.
PROVISIONS
COMMON TO THE REGISTRATION
OF LABOR
ORGANIZATIONS
AND WORKERS’ ASSOCIATIONS
.
Section
1. Attestation requirements.- The application for registration of any
labor
organization or workers’ association, including all the accompanying
documents,
shall be verified under oath by its Secretary or Treasurer, as the case
may be, and attested to by its President.
.
Section
2. Payment of registration fee.- A labor organization or workers’
association
shall be issueda certificate of
registration upon payment of the prescribed registration fee.
.
Section
3. Action on applications.-The
Regional Office or the Bureau, as the case may be, shall act on all
applications
for registration within thirty (30) days from filing thereof, either by
approving the application and issuing the certificate of registration,
or denying the application for failure of the applicant to comply with
the requirements for registration.Where
the documents supporting the application are not complete or do not
contain
the requisite attestation requirements, the Regional Office or the
Bureau
shall, within five (5) days from receipt of the application, notify the
applicant in writing of the requirements needed to complete the
application.Where
the applicant fails to complete the requirements within thirty (30)
days
from receipt of notice, the application shall be denied without
prejudice.
.
Section
4. Denial of registration; grounds for appeal. - The decision of the
Regional
Office or the Bureau denying the application for registration shall be
in writing, stating in clear terms the reasons therefor.A
copy thereof shall be furnished the applicant union.The
decision may be appealed to the Bureau if the denial is by the Regional
Director, or to the Secretary if the denial is by the Bureau, within
ten
(10) days from receipt of notice thereof, on the groundof
grave abuse of discretion or violation of these Rules.
.
The
appeal shall be filed in the Regional Office or in the Bureau, as the
case
may be, which shall cause the transmittal of the records to the Bureauor
to the Secretary within five (5) calendar days from receipt of the
appeal.
.
The
Bureau or the Secretary shall decide the appeal within twenty (20)
calendar
days from receipt of the records of the case.
.
Section
5. Effect of registration. - The labor organization or workers’
association
shall be deemed registered and vested with legal personality on the
date
of issuance of its certificate of registration.Such
legal personality cannot thereafter be subject to collateral attack,
but
may be questioned only in an independent petition for cancellation in
accordance
with these Rules.
.
.
RULE VI
.
CHARTERING
AND AFFILIATION OF LABOR ORGANIZATIONS
AND WORKERS’
ASSOCIATIONS
.
Section
1. Chartering and creation of a local/chapter.- A duly registered
federation
or national union may directly create a local/chapter by submitting to
the Regional Office or to the Bureau two (2) copies of the following:
.
(a)A
charter certificate issued by the federation or national union
indicating
the creation or establishment of the local/chapter;
.
(b)
The names of the local/chapter’s officers, their addresses, and the
principal
office of the local/chapter; and
.
(c)
The local/chapter’s constitution and by-laws; provided that where the
local/chapter’s
constitution and by-laws is the same as that of the federation or
national
union, this fact shall be indicated accordingly.
.
All
the foregoing supporting requirements shall be certified under oath by
the Secretary or the Treasurer of the local/chapter and attested to by
its President.
.
Section
2. Chartering by a workers association. - A duly registered workers’
association
may likewise charter any of its branches, subject to the filing of the
documents prescribed under the immediately preceding section.
.
Section3.
Acquisition of legal personality by local/chapter. - A local/chapter
constituted
in accordance with Section 1 of this Rule shall acquire legal
personality
from the date of filing of the complete documents enumerated therein.
Upon
compliance with all the documentary requirements, the Regional Office
or
Bureau shall issue in favor of the local/chapter a certificate
indicating
that it is included in the roster of legitimate labor organizations.
.
Section
4.Affiliation of independent union.
- An independent union shall be considered an affiliate of a federation
or national or industry union upon filing by the latter to the Regional
Office or Bureau of two (2) copieseach
of verified resolution of affiliation, ratified by a majority of the
members
of the former, and a resolution of acceptance by the latter.
.
.
RULE VII
.
REPORTING
REQUIREMENTS
OF LABOR ORGANIZATIONS
AND WORKERS’
ASSOCIATIONS
.
Section
1. Reporting requirements.- It shall be the duty of every legitimate
labor
organization and workers’ association to submit to the Regional Office
or the Bureau two (2) copies each of the following:
.
(a)
Any amendments to its constitution and by-laws and the minutes of
adoption
or ratification of such amendments, within thirty (30) calendar days
from
its adoptionor ratification;
.
(b)
Annual financial reports withinthirty
(30) calendar days after the close of each fiscal year;
.
(c)
Updated list of newly-elected officers, together with the appointive
officers
or agents who are entrusted with the handling of funds, within thirty
(30)
calendar days after each regular or special election of officers, or
from
the occurrence of any change in the officers or agents of the labor
organization
or workers’ association; and
.
(d)
Updated list of individual members, locals/chapters, affiliates or
branches,
as the case may be, within thirty (30) calendar days after the close of
each fiscal year.
.
As
understood in these Rules, the fiscal year of a labor organization or
workers’
association shall coincide with the calendar year, unless a different
period
is prescribed in its constitution and by-laws.
.
.
RULE VIII
.
CANCELLATION
OF REGISTRATION
OF LABOR
ORGANIZATIONS
AND WORKERS’ ASSOCIATIONS
.
Section1.
Venue of action. - Ifthe respondent
to the petitionis a local/chapter,
affiliate, or a workers’ association with operations limited to one
region,
the petition shall be filed with the Regional Office having
jurisdiction
over the place where the respondent principally operates. Petitions
filed
against federations, national or industry unions, trade union centers,
or workers’ associations operating in more than one regional
jurisdiction,
shall be filed with the Bureau.
.
Section
2. Who may file; form and contents of petition. - Any party-in-interest
may commence a petition for cancellation of registration, except in
actions
involving violations of Article 241 which can be commenced only by
members
of the respondent labor organization or workers’ association.
.
The
petition shall be under oath and shall state clearly and concisely the
facts and grounds relied upon, accompanied by proof of service that a
copy
thereof has been furnished the respondent.
.
Section3.
Cancellation of registration; nature and grounds. - Subject to the
requirements
of notice and due process, theregistration
of any legitimate labor organization or workers’ association may be
cancelled
by the Bureau or the Regional Office upon the filing of an independent
petition for cancellation based on any of the following grounds:
.
(a)
Failure to comply with any of the requirements prescribed under
Articles
234, 237 and 238 of the Code;
.
(b)
Violation of any of the provisions ofArticle
239 of the Code;
.
(c)
Commission of any of the acts enumerated under Article 241 of the Code;
provided, thatno petition for cancellation
based on this ground may be granted unless supported by at least thirty
percent (30%) of all the members of the respondent labor organization
or
workers’ association.
.
Section
4. Action on the petition; appeals. - The Regional or Bureau Director,
as the case may be, shall have thirty (30) days from submission of the
case for resolution within which to resolve the petition. The decision
of the Regional or Bureau Director may be appealed to the Bureau or the
Secretary, as the case may be, within ten (10) days from receipt
thereof
by the aggrieved party on the ground of grave abuse of discretion or
any
violation of these Rules.
.
The
Bureau or the Secretary shall have fifteen (15) days from receipt of
the
records of the case within which to decide the appeal.The
decision of the Bureau or the Secretary shall be final and executory.
.
Section
5.Revocation of legal personality
of local/chapter.- In addition to the grounds for cancellation
enumerated
in the immediately preceding section, a federation, national union or
workers’
association may revoke the charter issued to a local/chapter or branch
by serving on the latter a verified notice of revocation, copy
furnished
the Bureau, on the ground of disloyalty or such other grounds as may be
specified in the constitution and by-laws of the federation, national
union
or workers’ association.The revocation
shall divest the local/chapter of its legal personality upon receipt of
the notice by the Bureau, unless in the meantime the local/chapter has
acquired independent registration in accordance with these Rules.
.
Section
6. Effect of cancellation of registration of federation or national
union
on locals/chapters.- The cancellation of registration of a federation
or
national union shall operate to divest its locals/chapters of their
status
as legitimate labor organizations, unless the locals/chapters are
covered
by a duly registered collective bargaining agreement.In
the latter case, the locals/chapters shall be allowed to register as
independent
unions, failing which they shall lose their legitimate status upon the
expiration of the collective bargaining agreement.
.
.
RULE IX
.
DETERMINATION
OF REPRESENTATION STATUS
.
Section
1. Policy.-It is the policy of the
State to promote free trade unionism through expeditious procedures
governing
the choice of an exclusive bargaining representative.The
determination of such exclusive bargainingrepresentative
is a non-litigious proceeding and, as far as practicable, shall be free
from technicalities of law and procedure, provided only that in every
case,
the exclusive bargaining representative enjoys the majority support of
all the employees in the bargaining unit.
.
Section2.
Determination of representation status; modes. - The determination of
an
exclusive bargaining representative shall be through voluntary
recognition
in cases where there is only one legitimate labor organization
operating
within the bargaining unit, or through certification, run-off or
consent
election as provided for in this Book.
.
.
RULE X
.
VOLUNTARY
RECOGNITION
.
Section
1. Requirements for voluntary recognition. - In unorganized
establishments,
the employer may voluntarily recognize the representation status of a
union.
Within thirty (30) days from recognition, the employer representative
and
union president shall submit to the Regional Office a joint statement
attesting
to the fact of voluntary recognition, which shall also include the
following:
.
(a)
Proof of posting of the joint statement of voluntary recognition for
fifteen
(15) consecutive days in two (2) conspicuous places of the
establishment
or bargaining unit where the union seeks to operate;
.
(b)
The approximate number of employees in the bargaining unit, accompanied
by the names and signatures of atleast
a majority of the members of the bargaining unit supporting the
voluntary
recognition; and
.
(c)
A statement that there is no other legitimate labor organization
operating
within the bargaining unit.
.
The
joint statement shall be under oath.
.
Section2.
Effect of voluntary recognition.- Within twenty-four (24) hours upon
submission
of all the aforementioned documents, the Regional Office shall enter
the
fact of voluntary recognition into the records of the union, copy of
such
entry immediately furnished the Bureau. From the time of recording, the
union shall enjoy the rights, privileges and obligations of an
exclusive
bargaining representative.
.
.
RULE XI
.
CERTIFICATION
ELECTIONS
.
Section
1.Who may file. - Subject to the
provisions of this Rule, any legitimate labor organization or any
employer,
when requested to bargain collectively and the status of the union is
in
doubt, may file a petition for certification election.
.
Section2.Where
to file. - A petition for certification election may be filed with the
Med-Arbiter through the Regional Office which has jurisdiction over the
principal office of the employer or where the bargaining unit is
principally
situated.
.
Where
two or more petitions involving the same bargaining unit are filed in
one
Regional Office, the same shall be automatically consolidated.Where
these petitions are filed in different Regional Offices, the Regional
Office
which first acquires jurisdiction over the case shall exclude the
others,
in which case the latter shall endorse the petition to the former for
consolidation.
.
Section
3. When to file. - In the absence of a collective bargaining agreement
duly registered in accordance with Article 231 of the Code, a petition
for certification election may be filed at any time. However, no
certification
election may be filed within one year from the date of a validcertification,consentor
run-off election orfrom
the date of
voluntary recognition in accordance
with Rule X of these Rules; provided, that where an appeal has been
filed
on the order of the Med-Arbiter certifying the results of the election,
the running of the one year period shall be suspended until the
decision
on the appeal shall have become final and executory.
.
Neither
may a representation question be entertained if, before the filing of a
petition for a certification election, the duly recognized or certified
union has commenced negotiations with the employer in accordance with
Article
250 of the Code within the one-year period referred to in the
immediately
preceding paragraph, or a bargaining deadlock to which an incumbent or
certified bargaining agent is a party had been submitted to
conciliation
or arbitration or had become the subject of valid notice of strike or
lockout.
If a collective bargaining agreement has been duly registered in
accordance
with Article 231 of the Code, a petition for certification election or
a motion for intervention can only be entertained within sixty (60)
days
prior to the expiry date of such agreement.
.
Section
4. Form and contents of petition. - The petition shall be in writing
and
under oath and shall contain, among others, the following:
.
(a)
The name of petitioner, its address, and affiliation if appropriate,
the
date of its registration and number of its certificate of registration
if petitioner is a federation, national union or independent union, or
the date it was reported to the Department if it is a local/chapter;
.
(b)
The name, address and nature of the employer's business;
.
(c)
The descriptionof the bargaining
unit;
.
(d)The
approximatenumber ofemployees
in the bargaining unit;
.
(e)
The names and addresses of other legitimate labor organizations in the
bargaining unit;
..
(f)
A statement indicating any of the following circumstances:
.
i)
that the bargaining unit is unorganized or that there is no registered
collective bargaining agreement covering the employees in the
bargaining
unit;
.
ii)if
there exists a duly registered collective bargaining agreement, that
the
petition is filed within the sixty-day freedom period of such
agreement;
or
.
iii)
if another union had been previously certified in a valid
certification,
consent or run-off election or voluntarily recognized in accordance
with
Rule X of these Rules, that the petition is filed outside the one-year
period from such certification or run-off election and no appeal is
pending
thereon, or from the time the fact of recognition was entered into the
records of such union.
.
(g)In
an organized establishment, the signatures of at least twenty-five
(25%)
percent of all employees in the appropriate bargaining unit which shall
be attached to the petition at the time of its filing; and
.
(h)Other
relevant facts.
.
When
the petition is filed by an employer, it shall contain, among others:
.
(a)
The name, address and general nature of the employer's business;
.
(b)
Names and addresses of the legitimate labor organizations involved;
.
(c)
The approximate number of the employees in the appropriate bargaining
unit;
.
(d)
A description of the bargaining unit; and
.
(e)
Other relevant facts.
.
Section
5. Assignment of the case.- Within twenty-four (24) hours from receipt
ofthepetition,
the Regional Director shall assign the case to a Med-Arbiter, who shall
immediately cause the posting of the petition in two conspicuous places
where the petitioner seeks to operate and the issuance of summons to
all
parties named in the petition, indicating the first hearing and
ordering
the parties to appear therein.
.
Section6.Forced
Intervenor. - The incumbent bargaining agent shall automatically be one
of the choices in the certification election as forced intervenor.
.
Section
7.Motions for intervention; when
proper.- When a petition for certification election had been filed in
an
organized establishment, any legitimate labor organization other than
the
incumbent bargaining agent operating within the bargaining unit may
file
a motion for intervention with the Med-Arbiter during the freedom
period
of the collective bargaining agreement.The
form and contents of the motion shall be the same as that of a petition
for certification election.
.
In
an unorganized establishment, the motion shall be filed at any time
prior
to the finality of the decision calling for a certification election.The
form and contents of the petition shall likewise be the same as that of
a petition for certification election.If
the motion is found sufficient in form and substance, the Med-Arbiter
shall,
within five (5) days from receipt thereof but in any event prior to the
holding of the election if such had been scheduled, order the inclusion
of the movant as one of the choices, and the original decision shall be
amended accordingly.The order of
the Med-Arbiter resolving the motion shall not be subject to
reconsideration
or appeal.Any motion for reconsideration
or appeal so filed shall not stay the holding of the certification or
consent
election, but nevertheless shall form part of the records of the case.
.
Section
8.Hearings; purpose. - The Med-Arbiter
may conduct hearings with the view of: (a) arriving at a stipulation of
facts; (b) determining the parties to the election; (c) getting the
parties
to agree to a consent election; (d) asking clarificatory questions; and
(e) defining or limiting the issues.The
Med-Arbiter shall have control of the proceedings.Postponements
or continuances shall, as a matter of policy, be discouraged.
.
In
case the contending unions agree to a consent election, the Med-Arbiter
shall not issue a formal order calling for the conduct of an election,
but shall enter the fact of the agreement in the minutes of the hearing
and shall cause the immediate scheduling of the pre-election conference.The
minutes of the hearing shall be signed by the parties and attested to
by
the Med-Arbiter.
.
