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This web page
features
the full text of
Department
Order No. 9 (Series of 1997).
AMENDING
THE RULES IMPLEMENTING BOOK V OF THE LABOR CODE, AS AMENDED.
DEPARTMENT
ORDER NO. 9
(Series of 1997)
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:chanroblesvirtuallawlibrary
RULE I
DEFINITION
OF
TERMS
Section
1. Definition of terms. -
.cralaw:red
(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:chanroblesvirtuallawlibrary
.
(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:chanroblesvirtuallawlibrary
.
(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:chanroblesvirtuallawlibrary
.
(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:chanroblesvirtuallawlibrary
.
(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:chanroblesvirtuallawlibrary
.
(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:chanroblesvirtuallawlibrary
.
(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:chanroblesvirtuallawlibrary
.
(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:chanroblesvirtuallawlibrary
.
(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:chanroblesvirtuallawlibrary
.
(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:chanroblesvirtuallawlibrary
.
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:chanroblesvirtuallawlibrary
.
(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.
.
Section
9. Answer. - If the contending unions fail to agree to a consent
election
during the first hearing, the Med-Arbiter shall in the same hearing
direct
all concerned parties, including the employer, to simultaneously submit
their respective position papers within a non-extendible period of ten
(10) days.The position papers shall
specifically address the issues identified during the hearing, and
shall
include all arguments and evidence as the parties may deem relevant in
the disposition of the case.All
arguments not so raised are deemed waived.Upon
the expiration of the ten-day period, the petition shall be deemed
submitted
for resolution, with or without position papers submitted by the
parties.
.
Section
10. Failure to appear despite notice. - The failure of any party to
appear
twice despite notice, whether consecutive or not, shall be deemed a
waiver
of its right to be heard, in which case the Med-Arbiter shall proceed
to
resolve the petition on the basis of available records.
.
Section
11. Action on the petition. - The Med-Arbiter shall have twenty (20)
working
days from submission of the case for resolution within which to grant
or
dismiss the petition.
.
I.A
decision granting the petition shall state the following:chanroblesvirtuallawlibrary
.
(a)The
name of the employer or the establishment;
.
(b)The
description of the bargaining unit;
. (c)The
names of the contending unions which shall appear in the following
order:chanroblesvirtuallawlibrary
.
i)Petitioner
union or, in case of two or more petitioners, in the order in which the
petitions were filed;
.
ii)forced
intervenor; and
.
iii)other
intervenors.
.
The
decision shall also include a directive for the employer to submit
within
ten (10) days from receipt of the decision, the certified list of
employees
in the bargaining unit, or where necessary, the payrolls covering the
members
of the bargaining unit for the last three (3) months immediately
preceding
the issuance of the decision.In
the event the employer does not submit the list or payrolls as the case
may be, the union may submit its own list.
. In
a petition filed by a legitimate labor organization involving an
unorganized
establishment,the Med-Arbiter shall,
pursuant to Article 257 of the Code, automatically order the conduct of
a certification election after determining that the petition has
complied
with all the requirements enumerated under Sections 1, 2 and 4 hereof,
and that none of the grounds for dismissal enumerated in the
immediately
succeeding paragraph exists.
.
II.The
Med-Arbiter shall dismiss the petition on any of the following grounds:chanroblesvirtuallawlibrary
.
(a)
The petitioner is not listed by the Regional Office or Bureau in its
registry
of legitimate labor organizations, or that its legal personality has
been
revoked or cancelled with finality in accordance with Rule VIII of
these
Rules;
.
(b)
The petition was filed before or after the freedom period of a duly
registered
collective bargaining agreement; provided, that the sixty-day freedom
period
based on the original collective bargaining agreement shall not be
affected
by any amendment, extension or renewal of the collective bargaining
agreement;
. (c)
The petition was filed within one (1) year from a valid certification,
consent or run-off election and no appeal on the results is pending
thereon,
or from recording of the fact of voluntary recognition with the
Regional
Office;
.
(d)
A 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 Section 3, Rule XI of these Rules, or there
exists
a bargaining deadlock which had been submitted to conciliation or
arbitration
or had become the subject of a valid notice of strike or lockout to
which
an incumbent or certified bargaining agent is a party;
.
(e)
In case of an organized establishment, failure to submit the
twenty-five
percent (25%) support requirement upon the filing of the petition; or
.
(f)
Lack of interest or withdrawal on the part of the petitioner; provided,
that where a motion for intervention has been filed during the freedom
period, said motion shall be deemed and disposed of as an independent
petition
for certification election if it complies with all the requisites for
the
filing of a petition for certification election as prescribed in
Section
4 of these Rules.
. Section
12.Appeal; finality of decision.
- The decision of theMed-Arbiter
may be appealed to theSecretary
for any violation of these Rules. Interlocutory orders issued by the
Med-Arbiter
prior to the grant or denial of the petition, including orders granting
motions for intervention issued after an order calling for a
certification
election, shall not be appealable.However,
any issue arising therefrom may be raised in the appeal on the decision
granting or denying the petition.
.
The
appeal shall be under oath and shall consist of a memorandum of appeal
specifically stating the grounds relied upon by the appellant with the
supporting arguments and evidence.The
appeal shall be deemed not filed unless accompanied by proof of service
thereof to appellee.
.
Section
13.Where to file appeal. - The appellant
shall file its appeal with the Regional Office where the case
originated.
.
Section
14.Period to reply. - The appellee
shall file its reply thereto within ten (10) calendar days from receipt
of a copy of the appeal.The Regional
Office shall, within five (5) calendar days from receipt of the reply,
forward the entire records of the case to the Office of the Secretary.
.
Where
no appeal is filed within the ten-day period, the Med-Arbiter shall
transmit
the entire records of the case, entering therein the fact that the
decision
has become final and executory, to the Regional Director for
appropriate
disposition.
.
Section
15.Decision of the Secretaryfinal
and executory. -The Secretary shall
have fifteen (15) calendar days within which to decide the appeal from
receipt of the records of the case.The
filing of the appeal from the decision of the Med-Arbiter stays the
holding
of any certification election. The decision of the Secretary shall be
final
and executory.
.
Upon
the finality of the decision of the Secretary affirming the decision to
conduct a certification election, the entire records of the case shall
be remanded to the office of origin for implementation of the decision.The
implementation shall not be stayed unless restrained by the appropriate
court.
.
Section
16. Effects of consent election. -Where
a petition for certification election had been filed and, upon the
intercession
of the Med-Arbiter, the parties agree to hold a consent election, the
results
thereof shall constitute a bar to the holding of a certification
election
for one year from the holding of such consent election, subject to
Section
17 of these Rules. Where no petition for certification election had
been
filed but the parties themselves have agreed to hold a consent
election,
the results thereof shall not constitute a bar to another certification
election, unless the winning union had been extended voluntary
recognition
in accordance with Rule X of these Rules.
.
Section
17. Failure of election; effects. -Where
the total number of valid votes cast in a certification or consent
election
is less than the majority of all the eligible employees in the
bargaining
unit, there shall be a failure of election.Such
failure of election shall not bar the filing of a petition for the
immediate
holding of another certification or consent election.
.
Section
18.Effects of early agreements.
- The representation case shall not be adversely affected by a
collective
bargaining agreement registered before or during the last sixty (60)
days
of a subsisting agreement or during the pendency of the representation
case.
. Section
19. Motions for inhibitions. - No motion for inhibition of the
Med-Arbiter
shall be entertained from any party unless the same is verified and
based
on specific grounds or circumstances directly related to or arising
from
the dispute under consideration.
.
Inhibition
shall be discretionary on the Med-Arbiter concerned. Within twenty-four
(24) hours from receipt thereof, the Med-Arbiter shall deny the motion,
which denial shall not be appealable, or grant the same by returning
the
entire records of the case to the Regional Director, specifically
stating
his reasons for inhibition.
.
Within
twenty-four
(24) hours from return of the records, the Regional Director shall
assign
the case to another Med-Arbiter.Where
there is no other Med-Arbiter in the Regional Office, the Regional
Director
shall transmit the entire records of the case to the Bureau, which
shall
immediately assign the case to any Med-Arbiter from any of the Regional
Offices or from the Bureau.
.
Section
20.Non-availability of Med-Arbiter.
- Where there is no Med-Arbiter available in the Regional Office by
reason
of vacancy, prolonged absence, or excessive volume of workload as
determined
by the Regional Director, the petition shall be disposed of in
accordance
with the last paragraph of the immediately preceding section.The
Regional Office shall notify all parties of such action.
.
.
RULE XII
.
CONDUCT OF
CERTIFICATION ELECTIONS.
Section
1.Pre-election conference. - Within
twenty-four (24) hours from receipt from the Med-Arbiter of the final
decision
for the conduct of a certification election, or from the remand of the
records of the case from the Office of the Secretary, the Regional
Director
shall assign the case to an election officer for the conduct of a
pre-election
conference.
.
The
pre-election conference shall set the mechanics for the election and
shall
determine, among others, the following: (a) the list of qualified
voters;
(b) the date, time and place of the election; (c) the names of watchers
and representatives; (d) the number and location of polling places or
booths;
and (e) the number of ballots to be prepared.
.
The
failure of any party to appear during the pre-election conference,
despite
notice, shall be construed as a waiver to be represented and to
question
or object to any agreement reached in said pre-election conference.Nothing
herein, however, shall deprive the non-appearing party of its right to
be furnished notices of subsequent pre-election conferences and to
attend
the same.
.
Section
2.Qualification of voters; inclusion-exclusion
proceedings.- All employees who
are members of the appropriate bargaining unit sought to be represented
by the petitioner at the time of the certification or consent election
shall be qualified to vote. A dismissed employee whose dismissal is
being
contested in a pending case shall be allowed to vote in the election.
.
In
case of disagreement over the voters’ list or over the eligibility of
voters,
all contested voters shall be allowed to vote.However,
their votes shall be segregated and sealed in individual envelopes in
accordance
with Section 9 ofthese Rules.
.
Section
3.Election conducted during regular
business day.- The election shall
be set during a regular business day of the company unless otherwise
agreed
upon by the parties. It shall be held within company premises unless
circumstances
otherwise require, as determined by the election officer.
.
Section
4.Posting of notices. - The Regional
Office shall cause the posting of notice of electionat
least five (5) working days before the actual date thereofin
two most conspicuous places in the company premises. The notice shall
contain
the date and time of the election, names of all contending unions, the
description of the bargaining unit and the list of eligible voters.The
five-day period for posting of notice and the list of eligible voters
may
be waived upon the written agreement of the parties.
.
Section
5.Secrecy and sanctity of the ballot.
-To ensure the secrecy of the ballot,
the electionofficer, together with
the authorized representatives of the contending parties,shall,
before the start of the actual voting,inspect
the polling place, the ballot boxes, and the polling booths.After
the examination of each ballot box, the election officer shall sealeach
with three padlocks.The key to each
padlock shall be kept individually by the electionofficer,
the representative of the labor organization, and the representative of
the employer.Ifmore
than one union is involved, the holder of the keyfor
the labor organization shall be determined by drawing of lots.All
keys shall remain in the possession of the electionofficer
and therepresentativesduring
the entire proceedings anduntil
all the controversies concerning the openingofthe
ballot box shall have been resolved.Where
the representative of the employer or labor organization is not present
or has lost a key at the time of the opening of the ballot box, the
election
officer shall have the authority to break open the box.The
circumstances under which this authority is exercised shall be
reflected
in the minutes of the proceedings.
.
Section6.Preparation
of ballots. - For the guidance of the voters,ballots
shall be prepared in Filipino and Englishwith
a translation in the local dialect, ifnecessary.
.
Section7.Markingof
votes. - The voter must put a cross (X) or a check (/) mark in the
square
opposite the name of the union of his choice.If
only one union is involved, the voter shall make his cross or check
mark
in the square indicating "yes" or "no”.
.
If
a ballot istorn, marked,defaced,
or left unfilledin such a manner
as to create doubt or confusion or to identify the voter, it shall be
consideredspoiled.If
the voter inadvertently spoils a ballot, he shall return it to the
electionofficer
who shall destroy it andgive him
another ballot.
.
Section
8.Keeping of minutes.-The
election officer shall keep minutes of the entire proceedings,
including
therein all events and circumstances relevant to the election.Upon
completion of the entire proceedings, the representatives of the
parties
shall sign the minutes and be furnished copies thereof.Where
the representatives are not present or refuse to sign the minutes, this
fact shall be duly noted by the election officer.
.
Section9.
Challenging of votes. -An authorized
representative of any of the contending parties may challenge a vote
before
it is deposited in the ballot box only on any of the following grounds:chanroblesvirtuallawlibrary
.
(a)That
there is no employer-employee relationship between the voter and the
company;
and
.
(b)That
the voter is not a member of the appropriate bargaining unit which
petitioner
seeks to represent.
.
When
a vote is properly challenged, the election officer shall place the
ballot
in an envelope which shall be sealed in the presence of the voter and
the
representatives of the parties.The
election officer shall indicate on the envelope the voter's name, the
party
challenging the voter, and the ground for the challenge.The
sealed envelope shall then be signed by the election officer and the
representatives
of all the parties.The election
officer shall note all challenges in the minutes of the election and
shall
be responsible for consolidating all envelopes containing the
challenged
votes. The envelopes shall be opened and the question of eligibility
shall
be passed upon only if the number of segregated voters will materially
alter the results of the election.
.
Section10.
On-the-spot questions. - The election officer may rule on any question
relating to and raised during the conduct of the election.In
no case, however, shall the election officer rule on any of the grounds
for challenge specified in the immediately preceding section.
. Section
11.Protest; when perfected. - Any
party-in-interest may file a protest based on the conduct or mechanics
of the election.Such protests shall
be recorded in the minutes of the proceedings.Protests
not so raised are deemed waived.
.
The
protesting party must formalize its protest with the Med-Arbiter, with
specific grounds, arguments and evidence therefor, within five (5) days
after the close of the proceedings.If
not recorded in the minutes and formalized within the prescribed
period,
the protest shall be deemed dropped.
.
Section
12. Canvassing of votes; when election is valid. - As soon as the polls
close, the votes cast shall be counted and tabulated by the electionofficer
in the presence of the representatives of the parties.Upon
completion of the canvassing, the electionofficer
shall give each representativea
copy of the minutes of theelection
including the results thereof. The ballots and the tally sheetsshall
be sealed in an envelope and signed by the electionofficer
and by the representative of the contending parties and shall remain
under
the custody of the electionofficer.
. The
union which obtained a majority of the valid votes cast shall be
certified
as the sole and exclusive bargaining agent of all the workers in the
appropriate
bargaining unit. However, in order to have a valid election, at least a
majority of all eligible voters in the appropriate bargaining unit must
have cast their votes.
.
Section
13. Proclamation and certification of results by election officer; when
proper.-Upon completion of the canvass
and there being a valid election, the election officer shall proclaim
and
certify as winner the union which obtained a majority of the valid
votes
cast under any of the following conditions:chanroblesvirtuallawlibrary
.
a)No
protest had been filed or, even if one was filed, the same was not
perfected
within the five-day period for perfection of the protest;
.
b)No
challenge or eligibility issue was raised or, even if one was raised,
the
resolution of the same will not materially change the result.
.
For
this purpose, the election officer shall immediately issue the
corresponding
certification, copy furnished all parties, which shall form part of the
records of the case.The winning
union shall have the rights, privileges and obligations of a duly
certified
collective bargaining representative from the time the certification is
issued.The proclamation and certificationso
issued shall not be appealable.
.
Section
14. Proclamation and certification by Med-Arbiter; when proper.-When
a protest has been perfected or any challenge or eligibility issue has
been raised which, if resolved, can materially change the result, only
the Med-Arbiter can proclaim and certify the winner.In
such cases, the election officer shall, immediately after the lapse of
five (5) days from completion of canvass, return the records of the
case
to the Med-Arbiter, together with the minutes and the results of the
election.
.
The
Med-Arbiter shall have twenty (20) days within which to issue an order
certifying the result of the election. Any protest, eligibility issue,
or such other questions that may have been raised during the election
proceedings
shall likewise be disposed of by the Med-Arbiter in the same order.
.
Section
15. Appeal; finality of decision.-The
decision of the Med-Arbiter may be appealed to the Secretary within ten
(10) days from receipt by the parties ofa
copy thereof, only on the grounds of violation of Section 9 hereof or
of
serious errors of fact or law in the resolution of a protest.
.
The
appeal shall be under oath and shall consist of a memorandum of appeal
specifically stating the grounds relied upon by the appellant with the
supporting arguments and evidence.The
appeal shall be deemed not filed unless accompanied by proof of service
thereof to appellee.The decision
of the Secretary on the appeal shall be final and executory.
.
Where
no appeal is filed within the ten-day period, the decision shall become
final and executory and the Med-Arbiter shall enter this fact into the
records of the case.
.
Section
16. Where to file appeal.-The appellant
shall file its appeal with the Regional Office where the case
originated.
.
Section
17. Period to reply.-The appellee
shall file its reply thereto within ten (10) days from receipt of a
copy
of the appeal.The Regional Office
shall, within five (5) days from receipt of the reply, forward the
entire
records of the case to the Office of the Secretary.Where
no reply is received by the Regional Office within twenty (20) days
when
such reply should have been filed, the Regional Office shall likewise
forward
the entire records of the case to the Office of the Secretary.
.
Section
18.Motion to postpone does not stay
election. - The filing of a motion to postpone shall not stay the
holding
of the election.
.
.
RULEXIII
.
RUN-OFFS.
Section1.
Run-off election. - When an election which provides for three (3) or
more
choices results in no choice receiving a majority of the valid votes
cast,
and no objectionsorchallenges
have been presented which, if sustained, can materially change the
results,
the election officer shall motu proprio conducta
run-off electionwithin five (5)
calendar days from the close of the election proceedings betweenthe
labor unions receiving the two highest number of votes;provided,
that the total number of votes for all contending unions is at least
fifty
percent (50%) of the number of votes cast.
.
The
voters' list to be used in the run-off election shall be the same list
as that used in the first election. The ballots in the run-off election
shall provide as choices the unionsreceiving
the highest and the second highest number of the votes cast.The
union receiving the greater number of valid votes cast shall be
certified
as the winner, subject to the applicableprovisions
of Rule XII of this Book.
.
.
RULEXIV
.
INTRA -UNIONDISPUTES.
Section
1.Complaint; who may file. - Any
member of a union may file with the Regional Director acomplaint
for any violation of the constitution and by-laws and the rights and
conditions
of membership under Article 241 of the Code.However,
if the issue involves the entire membership of the union,the
complaint shall be supported by at least thirty percent (30%) of the
members
of the federation, national union, local/chapter, affiliate or
independent
union, as the case may be, at the time of the filing thereof. Such
complaint
shall befiled in the Regional Office
where the union is domiciled.
.
Section
2. Contents of complaint. - The complaint shall,among
others,contain the following:chanroblesvirtuallawlibrary
.
(a)
The person or persons charged;
.
(b)
The specific violation/s committed;
.
(c)
The relief/s prayed for; and
.
(d)
Other relevant matters.
.
Such
complaint must be in writing and under oath, and a copy thereof served
on the respondent.
.
In
addition to the above requirement, the petition on its face must show
that
the administrative remedies provided for in the constitution and
by-laws
have been exhausted or such remedies are not readily available to the
complaining
members through no fault of their own.
.
Section3.
Procedure. - Within twenty-four (24) hours fromreceipt
of the complaint,theRegional
Directorshall immediately assign
the case to a Med-Arbiter or appropriate officer of the Labor Relations
Division for conciliation or hearings, as may be appropriate.Within
ten (10) days from receipt of the assignment, it shall be mandatory
upon
such officer to conduct a conciliation conference and to exert every
effort
to effect an amicable settlement.
.
Where
no amicable settlement is reached, the officer concerned shall use the
mandatory conference as a venue to limit the issues, ask clarificatory
questions, or convince the parties to agree on a stipulation of facts.
In every case, the officer concerned shall keep minutes of the
conference,
signed by and copy furnished the parties.
.
Thereafter,
the parties shall be given ten (10) days within which to submit their
respective
position papers addressing all relevantissuesand
consolidating all their arguments and evidences,after
which the case shall be deemed submitted for resolution.
.
The
Regional Directorshall have twenty
(20) workingdays from submission
of thecase for resolutionwithin
which to settle or decide the case. The decisionshall
state the facts and the reliefs granted, if any.If
the disputeinvolvesa
violation of the rights and conditions of membership enumerated under
Article
241of the Code, the Regional Director
may, if specifically prayed for in the complaint and supported with
substantial
evidence, order the cancellation of the registration certificate of the
erring union or the expulsion of the guilty party from the union,
whichever
is appropriate; provided, however, that no cancellation shall be
ordered
unless the complaint is supported by at least thirty percent (30%) of
the
union membership.
.
Section4.
Appeal; finality of decision. - The decision of theRegional
Directormay be appealed to the Bureau
by the aggrieved partywithin ten
(10) calendar days from receipt thereof,forgrave
abuse of discretionorany
violation of these Rules.
.
The
appeal shall be under oath, and shall consist of amemorandum
of appeal specifically stating the grounds relied upon by the appellant
with the supporting arguments and evidence.The
appeal shall be deemed not filed unless accompanied by proof of service
of a copy thereof to the appellee.
.
Where
no appeal is filed within the ten-day period, the decision shall become
final and executory, and the Regional Office shall enter this fact into
the records of the case.
.
Section5.
Where to file appeal. - The appellant shall file its appealwith
the Regional Office where the case originated.
.
Section6.Period
toreply. - Theappellee
shall file its reply theretowithin
ten (10) daysfrom receiptof
a copy of the appeal. The RegionalOfficeshall,
within five (5) days from receipt of the reply,forward
the entire records of the case to the Bureau. Where no reply is
received
by the Regional Office within twenty (20) days when such reply should
have
been filed, the Regional Office shall likewise forward the entire
records
of the case to the Bureau.
.
Section
7.Decision ofthe
Bureau final and executory.-TheBureau
shall have fifteen (15) calendar days within which to decide the appeal
from receipt of the records of the case. The decision of the Bureau
shall
be final and executory.
.
Section8.
Execution pending appeal. - The execution of the order of the Regional
Directorshall automatically be stayed
pending appeal.
.
.
RULEXV
.
ELECTION OFOFFICERS
OF LABOR ORGANIZATIONS
AND WORKERS’
ASSOCIATIONS.
Section1.Committee
on election; constitution.-In
the absence of any agreement among the members or of any provision in
the
constitution and by-laws of the labor organization or workers
association,
the following guidelinesmay be adopted
in the election of officers:chanroblesvirtuallawlibrary
.
a)
Withinsixty (60) days before the
expiration of the term of the incumbentofficers,
the president of the labor organizationorworkersassociationshallconstitutea
committee on election to be composed of at least three (3)members
who are not running for any position in the election, provided that if
there are identifiable parties within the organization or association,
each party shall have equal representation in the committee.
.
b)
Upon constitution, the members shall elect the chairman of the
committee
from among themselves.In case of
disagreement, the president shall designate the chairman.In
case of anelection the conduct
of which was ordered by the Regional Director, the chairman of the
committee
shall be a representative of the Labor Relations Division of the
Regional
Office.
. Section2.Powers
and duties of the committee. - Within ten (10) days from its
constitution,
the committee shall, among others, exercise the following powers and
duties:chanroblesvirtuallawlibrary
.
a)
Set the date, time and venue of the election;
.
b)
Prescribe rules on the qualification and eligibility of candidates and
voters;
.
c)
Prepare and post the voters' list and the list of qualified candidates;
.
d)
Accredit the authorized representatives of the contending parties;
.
e)Supervise
the actual conduct of the election and canvass the votes to ensure the
sanctity of the ballot;
.
f)
Keep minutes of the proceedings;
.
g)
Be the final arbiter of all election protests;
.
h)
Proclaim the winners; and
.
i)
Prescribe such other rules as may facilitate the orderly conduct of the
election.
.
Section
3.Counting of votes. - As soon as
the polls close, the committee shall canvass the votes in the presence
of the authorized representatives of the parties; provided, however,
that
the absence of such authorized representatives shall not be a ground
for
suspending the canvassing of ballots.
.
Section
4.Protests. - At any time prior
to the close of election proceedings, any party may file a protest with
the committee for any violation of the rules prescribed inthe
election.All protests shall be
entered in the minutes of election proceedings. The committee shall
endeavor
to settle or resolve all protests amicably, during or immediately after
the close of election proceedings.
.
Section
5.Proclamation. - Immediately after
the canvassing of the ballots, and there being no unresolved protest
which,
if resolved can materially change the results, the committee shall
declare
the winners of the election.
.
Any
protest left unresolved after the close of the election proceedings
shall
be resolved by the committee within five (5) days.Within
this period, the committee may allow the protestant and all oppositors
to be heard or to submit their position papers. Otherwise, the
committee
shall resolve the protest on the basis of the minutes of the
proceedings.
.
Upon
resolution of the protest, the committee shall immediately proclaim the
winners and the latter may assume their positions immediately.
.
Section
6.Protests and petitions for annulment
of election results. - Protest or petitions for annulment of the result
of an election shall be filed with and acted upon by the Regional
Director
in accordance with the provisions prescribed in Rule XIV of this Book.No
protest or petition shall be entertained by the Regional Director
unless
the issue raised has been resolved by the committee.
.
.
RULEXVI
.
REGISTRATION
OF COLLECTIVE BARGAINING AGREEMENTS.
Section
1. Registration of collective bargaining agreement.- The parties to a
collectivebargainingagreementshallsubmittothe
appropriate Regional Office two (2) duly signed copies thereof within
thirty
(30) calendar days from execution.Such
copies of the agreement shall be accompanied with verified proof of
posting
in two conspicuous places in the work place and of ratification by the
majority of all the workers in the bargaining unit.
.
Such
proof shall consist of copies of the following documents certified
under
oath by the union secretary and attested to by the union president:chanroblesvirtuallawlibrary
.
(a)
Statement that the collective bargaining agreement was posted in at
least
two conspicuous places in the establishment at least five (5) days
before
its ratification; and
.
(b)
Statement that the collective bargaining agreement was ratified by the
majority of the employees in the bargaining unit.
.
The
posting required in the preceding paragraph shall be the responsibility
of the parties.
.
The
Regional Office shall assess the employer for every collective
bargaining
agreement aregistration fee of one
thousand pesos (P1,000.00).
.
The
Regional Office shall retain one (1) copy of the agreement for its file
and transmit one (1) copy thereofto
the Bureauwithin five (5) calendar
days from its registration. The Regional Office shall issue a
certificate
of registration within five (5) calendar days from receipt of the
agreement
and the proofs of posting and ratification as required herein.
.
Section
2. Registration of agreement resulting from awards by the Secretary,
the
Commission, or the Voluntary Arbitrator. - Where the agreement results
from an arbitration award, the same shall be registered in accordance
with
the immediately preceding section, except that the requirement of
ratification
and proof thereof shall be dispensed with.
.
Section
3. Term of representation status of agreement; contract-bar rule. - The
representation status of the incumbent exclusive bargaining
representative
which is a party to a duly registered collective bargaining agreement
shall
be for a term of five (5) years.No
petition questioning the majority status of the incumbent exclusive
bargaining
representative shall be entertained and no certification election shall
be conducted by the Department outside of the sixty-day period
immediately
before the date of expiry of such five-year term.
.
All
other provisions of said agreement shall, as a matter of right,be
renegotiated not later than three (3) years after its execution.Any
agreement on such other provisions entered into within six (6) months
from
the date of expiry of such provisions shall retroact to the day
immediately
following such date.If any such
provisions are entered into beyond six months, the parties shall agree
on the duration of retroactivity. In case of a deadlock in the
renegotiation
of the agreement, the parties may exercise their rights under the Code.In
case of renegotiation, all requirements for registration prescribed
under
the two immediately preceding sections shall be complied with,
whichever
is applicable, except payment of the registration fee.
.
Section
4. Exception to contract-bar rule.- Notwithstanding its registration, a
collective bargaining agreement shall not constitute a bar to a
certification
election where it is found in appropriate proceedings before the
Regional
Director that any of the following conditions exist:chanroblesvirtuallawlibrary
.
a)The
agreement contains provisions lower than the standards fixed by law; or
.
b)The
documents supporting its registration are falsified, fraudulent or
tainted
with misrepresentation.
.
Section
5.Appeal.-The
decision of the Regional Director granting or denying an action to
declare
the registration ineffectual may be appealed to the Bureau on the
ground
of grave abuse of discretion within ten (10) days from receipt of the
parties
of a copy thereof.The Bureau shall
have twenty (20) days within which to resolve the appeal and its
decision
shall be final and executory.
.
.
RULE
XVII
.
CENTRAL
REGISTRY
OF LABOR ORGANIZATIONS, WORKERS’
ASSOCIATIONSAND
COLLECTIVE BARGAINING AGREEMENTS
.
Section
1.Forms for registration. - Consistent
with the policy of the State to promote unionism, the Bureau shall
deviseor
prescribe such forms as are necessary to facilitate the process of
registration
of labor organizations, workers’ associations and collective bargaining
agreements or of compliance with all documentary or reporting
requirements
prescribed in these Rules.
.
Section
2.Transmittal of records; central
registry. - The Regional Office shall, within forty-eight (48) hours
from
issuance of a certificate of registration in favor of an independent
union
or workers’ association, transmit to the Bureau a copy of such
certificate,
accompanied by a copy of the documentssupporting
such registration.
.
The
Regional Office shall also transmit to the Bureau a copy of every final
decision cancelling or revoking the legitimate status of a labor
organization
or workers’ association, indicating therein the date such decision
became
final.
.
In
cases of chartering and affiliation under Rule VI or compliance with
the
reporting requirements under Rule VII of this Bookeffected
directly through the Regional Office, said office shall transmit the
original
set of documents to the Bureau, retaining one set of documents for its
file, within forty-eight (48) hours from receipt thereof.
.
.
RULE XVIII
.
ADMINISTRATION
OF TRADE UNION
FUNDS AND
ACTIONS
ARISING THEREFROM.
Section1.
Right of union to collect dues.- The right of the incumbent bargaining
representative to check off and to collect dues resulting therefrom
shall
not be affected by the pendency of a representation case or an
intra-union
dispute.
.
Section
2.Actions arising from Article 241
of the Code.- Any action arising from the administration oraccounting
of union funds shall be filed and disposed of as an intra-union dispute
in accordance with Rule XIV of this Book.
.
In
cases of violation, the Regional or Bureau Director shall order the
responsible
officer to render an accounting of funds before the general membership
and may, where circumstances warrant, mete the appropriate penalty to
the
erring officer/s, including suspension or expulsion from the union.
.
Section
3.Visitorial power under Article
274. - The Regional or the Bureau Directormayinquireintothe
financial activities of any legitimate labor organization and examine
their
books of accounts and other records to determine compliance with the
law
and the organization's constitution and by-laws.Such
examination shall be made upon filing of a complaint under oath, duly
supported
by the written consent of at least twenty percent (20%) of the total
membership
of thelabor organizationconcerned,
accompaniedby proofthattheremedies
provided for in the immediately preceding section or in the union’s
constitution
and by-laws have been exhaustedor
otherwise unavailing.Any complaint
which does not meet the foregoing requirements shall be dismissed
outright.
.
Section
4. Venue of financial examination.- Where the respondent in the
complaint
for financial examination is an independent union, local/chapter, or
workers
association operating in one regional jurisdiction, the complaint shall
be filed in the Regional Office having jurisdiction over respondent.Where
the respondent is a federation, national union, trade union center or
workers
association operating in more than one regional jurisdiction, the
complaint
shall be filed directly with the Bureau.
.
Section5.
Period of inquiry or examination. - No complaint for inquiry or
examination
of the financial and books of accounts as well as other records of any
legitimate labor organization mentioned inSection
3 shall be entertained during the sixty (60) day freedom period or
within
thirty (30) days immediately preceding the date of election of union
officials.Any
complaint so filed shall likewise be dismissed.
.
Section
6. Relief under Article 274.- Where the results of the financial
examination
so warrants, the Bureau or Regional Director may order the accountable
officers to make restitution in favor of the union.
.
Section
7.Appeals.- The decision of the
Regional Director maybe appealed
to the Bureau on the ground of grave abuse of discretion within ten
(10)
days from receipt of the parties of a copy thereof.
.
Where
the complaint is directly filed with the Bureau, appeal from the
decision
of the Bureau shall be to the Office of the Secretary, subject to the
requirements
prescribed in the immediately preceding paragraph.
.
.
RULEXIX
.
GRIEVANCE
MACHINERY
AND VOLUNTARY ARBITRATION.
Section
1.Establishment of grievance machinery.
- The parties to a collective bargaining agreement shall establish a
machinery
for the expeditious resolutionofgrievancesarisingfromtheinterpretationor
implementationof thecollective
bargaining agreement and those arising from the interpretation or
enforcement
of company personnel policies.
.
In
the absence of applicable provisions in the collective bargaining
agreement,a
grievance committee shall be created within ten (10) days from the
signing
of the collective bargaining agreement. The committeeshall
be composed of at least two (2) representatives each from the members
of
the bargaining unit and the employer, unless otherwise agreed upon by
the
parties.The representatives from
among the members of the bargaining unit shall be designated by the
union.
. Section
2. Procedures in handling grievances. - In the absence of a specific
provision
in the collective bargaining agreement prescribing for the procedures
in
handling grievances, the followingshall
apply:chanroblesvirtuallawlibrary
.
(a)
An employee shall present his grievance or complaint orally or in
writing
to the shop steward. Upon receipt thereof,the
shop steward shall verify the facts and determine whether or not the
grievance
is valid.
.
(b)
If the grievance is valid, the shop steward shall immediately bring the
complaint to the employee's immediate supervisor. The shop steward, the
employeeand his immediate supervisor
shall exert efforts to settle the grievance at their level.
.
(c)
If no settlement is reached, the grievance shall be referred to the
grievance
committee which shall have ten (10) days to decide the case.
.
Where
the issue involves or arises from the interpretation or implementation
of a provision in the collective bargaining agreement, or from any
order,memorandum,
circular or assignment issued by the appropriate authority in the
establishment,
and such issue cannot be resolved at the level of the shop steward or
the
supervisor, the same may be referred immediately to the grievance
committee.
.
All
grievances unsettled or unresolvedwithin
seven (7) calendar days from the dateof
its submission to the last step in the grievance machinery shall
automatically
be referred to a voluntary arbitrator chosen in accordance with the
provisions
of the collective bargaining agreement, or in the absence of such
provisions,
by mutual agreement of the parties.
.
Section
3. In the absence of agreement between theauthorized
employer and workers’ representatives, the foregoing provisions shall
apply
to unorganized establishments.In
any event, however, the workers representative shall be elected by the
employees at large.
.
Section4.Jurisdiction
of voluntary arbitrator or panel of voluntary arbitrators. - The
voluntary
arbitrator or panel of voluntary arbitrators named in the collective
bargaining
agreement shall have exclusive and original jurisdiction to hear and
decide
all grievances arising from the implementation or interpretation of the
collective bargaining agreement and those arising from the
interpretation
or enforcement of company personnel policies which remain unresolved
after
exhaustion of the grievance procedure.
.
Upon
agreement of the parties, any other labor dispute may be submitted to a
voluntary arbitrator or panel of voluntary arbitrators.
.
Section5.
All labor-management disputes subject to voluntary arbitration. - It is
the policy of the State to encourage voluntary arbitration on all other
labor-management disputes.Before
or at any stage of the compulsory arbitration process, the parties may
opt to submit their dispute to voluntary arbitration.
.
Section6.
Powers of voluntary arbitrator and panel of voluntary arbitrators. -
The
voluntary arbitrator or panel of voluntary arbitrators shall have the
power
to hold hearings, receive evidence and take whatever action is
necessary
to resolve the issue/s subject of the dispute.
. The
voluntary arbitrator or panel of arbitrators may conciliate or mediate
to aid the parties in reaching a voluntary settlement of the dispute.
.
Section7.
Procedures. - All parties to the dispute shall be entitled to attend
the
arbitration proceedings.The attendance
of any third party or the exclusion of any witness from the proceedings
shall be determined by the voluntary arbitratoror
panel of voluntary arbitrators.Hearing
may be adjourned for cause or upon agreement by the parties.
.
Unless
the parties agree otherwise, it shall be mandatory for the voluntary
arbitrator
or panel of voluntary arbitrators to render an award or decision within
twenty (20) calendar days from the date of submission of the dispute to
voluntary arbitration.
. Section
8. Award/Decision. - The award or decision of the voluntary arbitrator
or panel of voluntary arbitrators must state in clear, concise and
definite
terms the facts, the law and/or contract upon which it is based.It
shall be final and executory after ten (10) calendar days from the
receipt
of the copy of the award or decision by the parties.
.
Section9.
Execution of Award/Decision. - Upon motion of any interested party, the
voluntary arbitrator or panel of voluntary arbitrators or the Labor
Arbiter
in the region where the movant resides, in case of the absence or
incapacity
of the voluntary arbitrator or panel of voluntary arbitrators for any
reason,
may issue a writ of execution requiring either the Sheriff of the
Commission
or regular courts or any public official whom the parties may designate
in the submissionagreement to execute
the final decision, order or award.
.
Section10.
Cost of voluntary arbitration and voluntary arbitrator's fee. - The
parties
to a collective bargaining agreement shall provide therein a
proportionate
sharing scheme on the cost of voluntary arbitration including the
voluntary
arbitrator's fee.The fixing of fee
ofvoluntaryarbitrators
or panel of arbitrators whether shouldered wholly by the parties or
subsidized
by the Special Voluntary Arbitration Fund, shall take into account the
following factors:chanroblesvirtuallawlibrary
.
(a)
Nature of the case;
.
(b)
Time consumed in hearing the case;
.
(c)
Professional standing of the voluntary arbitrator;
.
(d)
Capacity to pay of the parties; and
.
(e)
Fees provided for in the Revised
Rules of Court.
.
Unless
the parties agree otherwise, the cost of voluntary arbitration
proceedings
and voluntary arbitrator's fee shall beshared
equally by the parties.
.
Parties
are encouraged to set aside funds to answer for the cost of voluntary
arbitration
proceedings including voluntary arbitrator's fee. In the event that
said
funds are notsufficientto
cover such expenses, an amount by way of subsidy taken out of the
Special
Voluntary Arbitration Fund may be availed of by either or both parties
subject to the guidelines on voluntary arbitration to be issued by the
Secretary
.
.
RULE XX
.
LABOR EDUCATION
AND RESEARCH .
Section
1.Labor education of workers and
employers. - The Department shall develop, promote and implement
appropriatelabor
education and research programs on the rights and responsibilities of
workers
and employers.
.
It
shall be the duty of every legitimate labor organization toimplement
a labor education program for its members on their rights and
obligations
as unionists and as employees.
.
Section2.Mandatory
conduct of seminars. - Subject to the provisions of Article 241, it
shall
be mandatory forevery legitimate
labor organization toconduct seminars
and similar activities on existing labor laws, collective agreements,
company
rules and regulations, and other relevant matters.The
union seminars and similar activities may be conducted independently of
or in cooperation with the Departmentand
other labor educationinstitutions.
.
Section
3. Special fund for labor education and research. - Every legitimate
labor
organization shall, for the above purpose, maintain a special fund for
labor education and research.Existing
strike funds may be transformed into labor education and research funds
in whole or in part.The union may
also periodically assess and collect a reasonable amount from its
members
for such fund.
.
.
RULEXXI
.
LABOR-MANAGEMENT
AND OTHER COUNCILS .
Section
1.Creation of labor-management and
other councils. - The Department shall promote the formation oflabor-management
councilsin organized and unorganized
establishments toenable theworkers
toparticipatein
policyand decision-making processes
in the establishment, insofar as said processes will directly affect
their
rights, benefits and welfare, except those which are covered by
collective
bargaining agreements or are traditional areas of bargaining.
.
The
Department shall promote other labor-management cooperation schemes
and,
upon its own initiative or upon the request of both parties, may assist
in the formulation and development of programs and projects on
productivity,
occupational safety and health, improvement of quality of work life,
product
quality improvement, and other similar scheme.
.
In
line with the foregoing, the Department shall render, among others, the
following services:chanroblesvirtuallawlibrary
.
(1)
Conduct awareness campaigns;
.
(2)Assist
the partiesin setting up labor-management
structures, functions and procedures;
.
(3)
Provide process facilitators upon request of the parties; and
.
(4)
Monitor the activities of labor-management
structures as may be necessary and conduct studies on best practices
aimed
at promoting harmonious labor-management relations.
.
Section
2. Selection of representatives. - In organized establishments, the
workers'
representatives to the council shall be nominated by the exclusive
bargaining
representative.In establishments
where no legitimate labor organization exists, the workers
representative
shall be elected directly by the employees at large.
.
.
RULEXXII
.
PICKETING,
STRIKES AND LOCKOUTS.
Section
1. Grounds for strike and lockout. - A strike or lockout may be
declared
in cases of bargaining deadlocks and unfair labor practices.Violations
of collective bargaining agreements, except flagrant and/or malicious
refusal
to comply with its economic provisions, shall not be considered unfair
labor practice and shall not be strikeable.No
strike or lockout may be declared on grounds involving inter-union and
intra-union disputes or on issues brought to voluntary or compulsory
arbitration.
.
Section
2.Who may declare a strike or lockout.
- Any certified or duly recognized bargaining representative may
declare
a strike in cases of bargaining deadlocks and unfair labor practices.The
employer may declare a lockout in the same cases.In
the absence of a certified or duly recognized bargaining
representative,
any legitimate labor organization in the establishment may declare a
strike
but only on grounds of unfair labor practices.
.
Section
3. Notice of strike or lockout. - In cases of bargaining deadlocks, a
notice
of strike or lockout shall be filed with the regional branch of the
Board
at least thirty (30) days before the intended date thereof, a copy of
said
notice having been served on the other party concerned.In
cases of unfair labor practice, the period of notice shall be fifteen
(15)
days.However, in case of unfair
labor practice involving the dismissal from employment of any union
officer
duly elected in accordance with the union constitution and by-laws
which
may constitute union-busting where the existence of the union is
threatened,
the fifteen-day cooling-off period shall not apply and the union may
take
action immediately after the strike vote is conducted and the results
thereof
submitted to the appropriateregional
branch of the Board.
.
Section
4. Contents of notice. - The notice shall state, among others, the
names
and addresses of the employer and the union involved, the nature of the
industry to which the employer belongs, the number of union members and
of the workers in the bargaining unit, and such other relevant data as
may facilitate the settlement of the dispute, such as a brief statement
or enumeration of all pending labor disputes involving the same parties.
.
In
cases of bargaining deadlocks, the notice shall, as far as practicable,
further state the unresolved issues in the bargaining negotiations and
be accompanied by the written proposals of the union, the
counter-proposals
of the employer and the proof of a request for conference to settle the
differences.In cases of unfair labor
practices, the notice shall, as far as practicable, state the acts
complained
of and the efforts taken to resolve the dispute amicably.
.
Any
notice which does not conform with the requirements of this and the
foregoing
sections shall be deemed as not having been filed and the party
concerned
shall be so informed by the regional branch of the Board.
.
Section
5. Disclosure of information. -In
collective bargaining, the parties shall, at the request of either of
them,
make available such up-to-date financial information on the economic
situation
of the undertaking, which is normally submitted to relevant government
agencies, as is material and necessary for meaningful negotiations.Where
the disclosure of some of this information could be prejudicial to the
undertaking, its communication may be made condition upon a commitment
that it would be regarded as confidential to the extent required.The
information to be made available may be agreed upon between the parties
to collective bargaining.
.
Section
6.Conciliation. - Upon receipt of
the notice, the regional branch of the Board shall exert all efforts at
mediation and conciliation to enable the parties to settle the dispute
amicably.The regional branch of
the Board may, upon consultation, recommend to the parties that the
notice
be treated as a preventive mediation case.It
shall also encourage the parties to submit the dispute to voluntary
arbitration.
.
During
the proceedings, the parties shall not do any act which may disrupt or
impede the early settlement of the dispute.They
are obliged, as part of their duty to bargain collectively in good
faith,
to participate fully and promptly in the conciliation meetings called
by
the regional branch of the Board.The
regional branch of the Board shall have the power to issue subpoenas
requiring
the attendance of the parties to the meetings.
.
Information
and statements given at conciliation proceedings shall be treated as
privileged
communications.Conciliators and
similar officials shall not testify in any court or body regarding any
matter taken up at conciliation proceedings conducted by them.
.
Section
7.Strike or lockout vote. - A decision
to declare a strike must be approved by a majority of the total union
membership
in the bargaining unit concerned obtained by secret ballot in meetings
of referenda called for the purpose.A
decision to declare a lockout must be approved by a majority of the
board
of directors of the employer, corporation or association or the
partners
in a partnership obtained by a secret ballot in a meeting called for
the
purpose.
.
The
regional branch of the Board may, at its own initiative or upon request
of any affected party, supervise the conduct of the secret balloting.In
every case, the union or the employer shall furnish the regional branch
of the Board the notice of meetings referred to in the preceding
paragraph
at least twenty-four (24) hours before such meetings as well as the
results
of the voting at least seven (7) days before the intended strike or
lockout,
subject to the cooling-off period provided in this Rule.
.
Section
8. Declaration of strike or lockout. - Should the dispute remain
unsettled
after the lapse of the requisite number of days from the filing of the
notice of strike or lockout and of the results of the election required
in the preceding section, the labor union may strike or the employer
may
lock out its workers.The regional
branch of the Board shall continue mediating and conciliating.
.
Section
9. Improved offer balloting. - In case of a strike, the regional branch
of the Board shall, at its own initiative or upon the request of any
affected
party, conduct a referendum by secret balloting on the improved offer oftheemployer
on orbefore the30th
day of strike.When at least a majorityof
the union members vote to accept the improved offer, the striking
workers
shall immediately return to work and the employer shall thereupon
readmit
them upon the signing of the agreement.
.
In
case of a lockout, the regional branch of the Board shall also conduct
a referendum by secret balloting on the reduced offer of the union on
or
before the 30th day of the lockout.When
at least a majority of the board of directors or trustees or the
partners
holding the controlling interest in the case of partnership vote to
accept
the reduced offer, the workers shall immediately return to work and the
employer shall thereupon readmit them upon the signing of the agreement.
.
Section
10. Hiring of replacements. - The mere participation of a worker in a
lawful
strike shall not constitute sufficient ground for termination of his
employment
even if a replacement had been hired by the employer during such lawful
strike.But any union officer who
knowingly participates in the commission of illegal acts during a
strike
may be declared to have lost his employment status.
.
Section
11.Prohibitions regarding the employment
of replacements. - No public official or employee, including officers
and
personnel of the Armed Forces of the Philippines or the Philippine
National
Police, or any armed person shall --
.
(a)
Bring in, introduce or escort, in any manner, any individual who seeks
to replace strikers in entering or leaving the premises of a strike
area,
or
.
(b)
Work in place of the strikers.
.
Nothing
herein shall be interpreted to prevent aforementioned officials,
employees
or peace officers from taking any measure necessary to maintain peace
and
order and/or protect life and property.
. Section
12.Peaceful picketing. -Workers
shall have the right to peaceful picketing.No
person engaged in picketing shall commit any act of violence, coercion
or intimidation or obstruct the free ingress to or egress from the
employer's
premises for lawful purposes, or obstruct public thoroughfares.
.
No
person shall obstruct, impede or interfere with, by force, violence,
coercion,
threats or intimidation, any peaceful picketing by workers during any
labor
controversy or in the exercise of the right to self-organization or
collective
bargaining or shall aid or abet such obstruction or interference.No
employer shall use or employ any person to commit such acts nor shall
any
person be employed for such purpose.
. Section
13. Injunctions. -No court or entityshall
enjoin any picketing, strike or lockout, except as provided in Article
218 and 263 of the Code.
.
The
Commission shall have the power to issue temporary restraining orders
in
such cases but only after due notice and hearing and in accordance with
its rules.The reception of evidence
for the application of a writ of injunction may be delegated by the
Commission
to any Labor Arbiter who shall submit his recommendations to the
Commission
for its consideration and resolution.
.
Any
ex parte restraining order issued by the Commission, or its Chairman or
Vice-Chairman where the Commission is not in session and as prescribed
by its rules, shall be valid for a period not exceeding 20 days.
. Section
13. Criminal prosecution. - The regular courts shall have jurisdiction
over any criminal action under Article 272 of the Code.
.
.
RULEXXIII
.
TERMINATION
OF EMPLOYMENT.
Section
1. Security of tenure. -(a) In
cases of regular employment, the employer shall not terminate the
services
of an employee except for just or authorized causes as provided by law,
and subject to the requirements of due process.
.
(b)
The foregoing shall also apply in cases of probationary employment;
provided,
however, that in such cases, termination of employment due to failure
of
the employee to qualify in accordance with the standard of the employer
made known to the former at the time of engagement may also be a ground
for termination of employment.
.
(c)
In cases of project employment or employment covered by legitimate
contracting
or subcontracting arrangements, no employee shall be dismissed prior to
the completion of the project or phase thereof for which the employee
was
engaged, or prior to the expiration of the contract between the
principal
and contractor, unless the dismissal is for just or authorized cause
subject
to the requirements of due process or prior notice, or is brought about
by the completion of the phase of the project or contract for which the
employee was engaged.
.
Section
2.Standards of due process; requirements
of notice. - In all cases of termination of employment, the following
standards
of due process shall be substantially observed:chanroblesvirtuallawlibrary
.
I.For
termination of employment based on just causes as defined in Article
282
of the Code:chanroblesvirtuallawlibrary
.
(a)A
written notice served on the employee specifying the ground or grounds
for termination, and giving to said employee reasonable opportunity
within
which to explain his side;
.
(b)
A hearing or conference during which the employee concerned, with the
assistance
of counsel if the employee so desires, is given opportunity to respond
to the charge, present his evidence or rebut the evidence presented
against
him; and
.
(c) A
written notice of termination served on the employee indicating that
upon
due consideration of all the circumstances, grounds have been
established
to justify his termination.
.
In
case of termination, the foregoing notices shall be served on the
employee’s
last known address.
.
II.For
termination of employment as based on authorized causes defined in
Article
283 of the Code, the requirements of due process shall be deemed
complied
with upon service of a written notice to the employee and the
appropriate
Regional Office of the Departmentat
least thirty days before the effectivity of the termination, specifying
the ground or grounds for termination.
.
III.If
the termination is brought about by the completion of the contract or
phase
thereof, no prior notice is required.If
the termination is brought about by the failure of an employee to meet
the standards of the employer in the case of probationary employment,
it
shall be sufficient that a written notice is served the employee within
a reasonable time from the effective date of termination.
.
Section3.
Right to contest dismissal. - Any decision taken by the employer shall
be without prejudice to the right of the worker to contest the validity
or legality of his dismissal by filing a complaint with the Regional
Branch
of the Commission.
.
Section4.
Period to decide. - Cases involving the dismissal of a worker shall be
decided by the Labor Arbiter within twenty (20)working
days from the date of submission of such cases for decision.
. Section5.
Reinstatement pending hearing. - The Secretary may suspend the effects
of the termination pending resolutionof
the case in the event of a prima facie finding that the termination may
cause a serious labor dispute or is in implementation of a mass lay-off.
.
Section6.
Certification of employment. - A dismissed worker shall be entitled to
receive, on request, a certificate from the employer specifying the
dates
of his engagement and termination of his employment and the type or
types
of work on which he is employed.
.
Section7.Report
of dismissal. - The employer shall submit a monthly report to the
Regional
Office having jurisdiction over the place of work all dismissals
effected
by it during the month, specifying therein the names of the dismissed
workers,
the reasons for their dismissal, the dates of commencement and
termination
of employment, the positions last held by them and such other
information
as may be required by the Department for policy guidance and
statistical
purposes.
.
Section
8.Preventive suspension. - The employer
may place the worker concerned under preventive suspension if his
continued
employment poses a serious and imminent threat to the life or property
of the employer or of his co-workers.
.
Section9.Period
of suspension. - No preventive suspension shall last longer than thirty
(30) days.The employer shall thereafter
reinstate the worker in his former or in a substantially equivalent
position
or the employer may extend the period of suspension provided that
during
the period of extension, he pays the wages and other benefits due to
the
worker.In such case, the worker
shall not be bound to reimburse the amount paid to him during the
extension
if the employer decides, after completion of the hearing, to dismiss
the
worker.
.
.
RULEXXIV
.
EXECUTION OF
DECISIONS, AWARDS, OR ORDERS.
Section
1. Finality of decisions. - Unlessotherwise
specifically provided for in this Book, the decision of the Secretary,
Commission, the Bureau or Regional Director,theLaborArbiter,theMed-Arbiteror
the Voluntary Arbitrator shall be final and executory after ten (10)
calendar
days from receipt thereof by the parties.
.
Section
2. Execution of decisions, orders or awards. - (a) The Secretaryorthe
Bureau or Regional Director, the Labor Arbiter, the Med-Arbiter or
Voluntary
Arbitrator may, upon his own initiative or on motion of any interested
party, issue a writ of execution on a judgment within five (5) years
from
the date it becomes final and executory, requiring the Sheriff or the
duly
deputized officer to execute or enforce their respective final
decisions,
orders and awards.
.
(b)
The Secretary and the Chairman of the Commission may designate special
sheriffs and take any measure under existing laws to ensure compliance
with their decisions, orders or awards and those of the Labor Arbiters
and voluntary arbitrators, including the imposition of administrative
fines,
which shall not be less than five hundred (P 500.00) pesos nor more
than
ten thousand (P10,000.00) pesos.
.
(c)
Alternatively, the Secretary, the
Commission, any Labor Arbiter, the Regional Director or the Director of
the Bureau of Labor Relations in appropriate cases may deputize the
Philippine
National Police or any law enforcement agencies in the enforcement of
final
awards, orders or decisions.
.
.
RULEXXV
.
GENERAL
PROVISIONS.
Section
1. Penalties. - Any person violating any of the provisions of Article
264
of the Code shall be punished by a fine of not less than one thousand
(P1,000.00)
pesos nor more than ten thousand (P10,000.00) pesos and/or imprisonment
for not less than three(3) months
nor more than three (3) years, or both such fine and imprisonment, at
the
discretion of the court. Prosecution under this provision shall
preclude
prosecution for the same act under the Revised
Penal Code and vice versa.
.
Section
2. Frivolous or dilatory appeals. - To discourage frivolous or dilatory
appeals,the Secretary,Commission
or the Labor Arbiter shall impose reasonable penalties, including fines
or censures upon erring parties.
.
Section
3. Enforcement of decisions, orders and awards. - The Secretary and the
Chairman of the Commission may take any measure under existing laws to
ensure compliance with their decisions, orders and awards and those of
Labor Arbiters and Voluntary Arbitrators, including the imposition of
administrative
fines which shall not be less than P500.00 nor more than P10,000.00
against
the erring parties.
.
Section
4.Person guilty of misbehavior.
- A person guilty of misbehavior in the presence of or so near the
Secretary,the
Chairman or any member of the Commission or any Labor Arbiteras
to obstruct or interrupt the proceedings before the same, including
disrespect
toward said officials, offensive personalities toward others, or
refusal
to be sworn or to answer as a witness or to subscribe an affidavit or
deposition
when lawfully required to do so may be summarily adjudged in direct
contempt
by said officials and punished by fines not exceeding fivehundred
pesos (P500.00) or imprisonment not exceeding five (5)days
or both, if it be the Secretary, the Commission or members thereof,or
a fine not exceeding one hundred pesos (P100.00) or imprisonment not
exceeding
one (1) day, or both, if it be a Labor Arbiter.
.
The
person adjudged in direct contempt by a Labor Arbitermay
appeal to the Commissionand the
execution of the judgment shall be suspended pending the resolution of
the appeal upon thefilingbysuchpersonofabond
on condition that he will abide by and perform the judgment should the
appeal be decided against him. The judgment of the Commissionis
immediately executory and inappealable.
.
Indirect
contempt shall be dealt with by the Secretary, Commission or Labor
Arbiter
in the manner prescribed under Rule 71 of the Revised
Rules of Court.
.
Section
5. Incidental motions will not be given due course. - In all
proceedings
at all levels, motions for dismissals or any other incidental motions
shall
not be given due course, but shall remain as part of the records for
whatever
they may be worth when the case is decided on the merits.
.
Section
6.Non-intervention of outsiders
in labor disputes. - No person other than the interested parties, their
counsels or representatives may intervene in labor disputes pending
before
the Regional Office, the Bureau, Labor Arbiters, the compulsory or
voluntary
arbitrators, the Commission, and the Secretary.Any
violation of this provision will subject the outsider to the
administrative
fines and penalties provided for in the Code.
.
Section
7. When complaint deemed filed. - A complaint is deemed filed upon
receipt
thereof by the appropriate agency which has jurisdiction over the
subject
matter and over the parties.
.
Section
8. Check-off from non-members. - Pursuant to Article 248 (e) of the
Code,
the employer shall check-off from non-union members within a collective
bargaining unit the same reasonable fee equivalent to the dues and
other
fees normally paid by union members without the need for individual
check-off
authorizations.
.
ARTICLE
II.All other rules, regulations,
issuances, circulars and administrative orders inconsistent herewith
are
hereby superseded.
.
ARTICLE
III.The foregoing rules shall take
effect two weeks after completion of publication in two (2) newspapers
of national circulation.*
.
Manila, Philippines,
01 May
1997.
.
. (SGD.)LEONARDO
A. QUISUMBING
Secretary
*These
rules were published on 06 June 1997 in Star
and
Today.The
rules take effect on 21 June 1997.
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