LABREV 2/12/15

Bargaining unit D.O. 40-03, R1 S1(d)

Note: distinctions between rank and file, supervisory, managerial
Who may represent? Art. 255 (1) certification election (2) consent election (Algire vs. De Mesa) (3)
voluntary recognition
Direct certification = ILLEGAL!
Must there be a union before EE can raise grievances? NO. There is an LMC, w/c can exist w/o a union
or simultaneously w/ one
LMC: voluntary body composed of reps from ER and EE corners; jurisdiction is limited to non-political,
non-economic issues (e.g. How to prevent absences/tardiness; health and safety concerns), nonadversarial, directed at dealing w/ issues before it becomes a problem
Proper bargaining unit (Golden Farms vs. Sec. of Labor) > group of EEs comprised of all or less than all
of the entire body of EEs > group of jobs serving as the election constituency of the enterprise
(Read Manila Pav and Mariwasa cases)
GR: Substantial mutual interest rule Rationale: Triumph cases
Q: How do we determine presence of substantial mutual interest? A: similarity in scale and manner of
determining earnings, terms and conditions of work, kind of work performed, qualifications; frequency of
contact, geographic proximity, continuity or integration of production processes (e.g. assembly line),
common supervision, prior bargaining history, etc.
Certification elections > process of determining through secret ballot, the sole and exclusive
representative of the EEs in an appropriate bargaining unit for purposes of collective bargaining or
negotiation (D.O. 40-03, R1 S1[h])
Define: (a) certification election; (b) consent election; (c) voluntary recognition
Q: Is VR an interference w/ the right of self-organization? A: NO, valid exception to rule; ER given the
OPTION (i.e. management prerogative) to voluntarily recognize a union as bargaining rep where (a) there
was only one legitimate labor org existing within the bargaining unit in the first place, AND (b) the
establishment is an UNORGANIZED one
GR: Role of ER in cert. elec.: none; ER -- bystander (RA 9481, Art. 258-A) Participation limited to: (1)
being notified or informed of petitions of such nature (2) submitting payroll (i.e. submitting list of EEs

during the pre-election conference should the Med-Arb act favorably on the petition) (Ibid.) XPN: ER can
file a petition for cert. elec. if it is requested to bargain (cf. Art. 258, LC)
Choice of a collective bargaining agent = purely at the call of labor
Questions needing answers -- Q: Where, when, who to file petition for CE? Q: How can a petition for CE
be challenged, and on what ground(s)? (1) re: validity (2) re: 25% requirement (3) re: timeliness -- [a]
contract bar; [2] one-year bar; [3] deadlock bar > cannot collaterally attack the validity of union registration
(Tagaytay Highlands) > has Tagaytay been overturned already?! VERIFY THIS
Double majority rule: (1) A majority of the members of the appropriate bargaining unit must have cast their
votes; (2) The union which gets the majority of the valid votes cast, there being a valid election, wins.
(D.O. 9, S10)
Who is the bargaining representative? (1) The majority union/EBR, and/or (2) The federation, by way of
delegation, to whom the union in question is federated to.
Requirement of valid elections: majority of all eligible voters casting their votes
Q: May non-union members be allowed to participate in CE? A: YES. Base may include non-members,
provided they belong to the same bargaining unit,
Q: May dismissed EEs be allowed to vote? A: YES, provided they file an illegal dismissal case w/ the
NLRC. (D.O. 40, R1 S5)
Q: In case of disagreement over eligibility of voters, what will be done? A: D.O. 40, R1 S10-11
Q: May probationary EEs vote in a petition for CE? A: YES. (Nuhrwain case)
Run-off elections (D.O. 9, R13)
Requirements: (1) Three or more choices (at least two contending union, and "No Union") (2) No choice
receiving a majority of the votes cast (3) Total number of votes for all contending unions is at least 50% of
the number of votes cast (4) The two choices which garnered the highest votes will be voted and the one
which garners the highest number of votes will be declared the winner provided they get the majority votes
of the total votes cast
(If RO election fails, re-run or re-elect.)
COLLECTIVE BARGAINING AGREEMENT > ratification elec. called via posting of draft CBAs in
conspicuous places (Note time requirement) > the law between the parties (RRM Corp. Vs. KAMPI, et al.)
(Read up on CBA contract interpretation) > if the terms of the CBA are clear and unambiguous, verba
legis; if there is doubt, most liberal interpretation in EE's favor