Professional Documents
Culture Documents
Labor Relations
RULE I
Definition of Terms
SECTION 1. Definition of terms.
(a) "Commission" means the National Labor Relations Commission. cralaw
(b) "Bureau" means the Bureau of Labor Relations and/or the Industrial
Relations Division in the Regional Offices of the Department of Labor
and Employment. cralaw
(c) "Board" means the National Conciliation and Mediation Board. cralaw
(d) "Code" means the Labor Code of the Philippines, as amended. cralaw
(m) "Unfair Labor Practice" means any unfair labor practice as expressly
defined in the Code. cralaw
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 the union. cralaw
(a) The labor federation or national union concerned shall issue a charter
certificate indicating the creation or establishment of a local or chapter,
copy of which shall be submitted to the Bureau of Labor Relations within
thirty (30) days from issuance of such charter certificate. cralaw
(d) All existing labor federations or national unions with direct members
are required to organize said members into locals or chapters in their
respective companies or establishments within sixty (60) days from
effectivity of these Rules. cralaw
(e) The local or chapter of a labor federation or national union shall have
and maintain constitution and by-laws, set of officers and books of
accounts. For reporting purposes, the procedure governing the reporting
of independently registered unions, federations or national unions shall
be observed. cralaw
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. cralaw
The appeal shall be filed in the Regional Office/Bureau which shall cause
the transmittal of the records to the Bureau/Secretary within five (5)
calendar days from receipt of the appeal. cralaw
The Bureau/Secretary shall have fifteen (15) calendar days from receipt
of the records of the case within which to decide the appeal. The decision
shall be final and unappealable. cralaw
The decision calling for the conduct of an election shall contain the
following:
(a) Names of the contending unions;
(b) Name of the employer;
(c) Description of the bargaining unit, and
(d) List of eligible voters which shall be based on the payroll three (3)
months prior to the filing of the petition for certification election. cralaw
The certification election shall be held within twenty (20) calendar days
from receipt of the order by the parties. cralaw
SECTION 7. Appeal. Any aggrieved party may appeal the order of the
Med-Arbiter to the Secretary on the ground that the rules and
regulations or parts thereof established by the Secretary for the conduct
of election have been violated. cralaw
The appeal shall specifically state the grounds relied upon by the
appellant with the supporting memorandum. cralaw
SECTION 9. Period of Appeal. The appeal shall be filed within ten (10)
calendar days from receipt of the order by the appellant. Any opposition
thereto may be filed within ten (10) calendar days from receipt of the
appeal. The Regional Director shall within five (5) calendar days forward
the entire records of the case to the Office of the Secretary. cralaw
(c) As soon as the polls close, the votes cast shall be counted and
tabulated by the Representation Officer in the presence of the
representatives of the parties. Upon completion of the canvassing, the
Representation Officer shall give each representative a certification of
the result of the election and minutes of the concluded election. cralaw
(d) The ballots, tally sheets, and certification of the results, together
with the minutes of the election, shall be sealed in an envelope and
signed outside by the Representation Officer and by representatives of
the contending parties. These envelopes shall remain sealed under the
custody of the Representation Officer until after the Med-Arbiter has
finally certified the winner. cralaw
(e) The Med-Arbiter, upon receipt of the results of the election and no
protest having been filed, shall certify the winner.
cralaw
(f) The union which obtained a majority of the valid votes cast by the
eligible voters shall be certified as the sole and exclusive bargaining
agent of all the workers in the appropriate unit. However, in order to
have a valid election, at least a majority of all eligible voters in the
bargaining unit must have cast their votes.
RULE VII
Challenges and Run-Offs
SECTION 1. Challenging of votes. (a) Any vote may be challenged for
a valid cause by any observer before the voter has deposited his vote in
the ballot box.cralaw
SECTION 2. Who may file. If the issue involves the entire membership
of the union, the complaint shall be signed by at least 30 percent of the
membership of the union. cralaw
In addition to the above requirement, the petition must show on its face
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. However, if the
issue affects a single member only, such member may alone file his
complaint. cralaw
Such complaint must be in writing and under oath, and a copy thereof
served on the respondent. cralaw
SECTION 6. Where to file appeal. The appellant shall file his appeal,
which shall be under oath and copy furnished the appellee in the
Regional Office where the case originated. cralaw
The Bureau or the Regional Office shall assess the employer for every
collective bargaining agreement a registration fee of one thousand
(P1,000.00) pesos. cralaw
The Regional Office shall transmit two (2) copies of the agreement to
the Bureau and one (1) to the Board within five (5) calendar days from
its registration. Where the agreement is registered with the Bureau, one
(1) copy shall be sent to the Board and two (2) copies to the Regional
Office where the company has its principal office. cralaw
The Commission, its regional branches and the Regional Directors of the
Department of Labor and Employment shall not entertain disputes,
grievances or matters under the exclusive and original jurisdiction of the
voluntary arbitrator or panel of voluntary arbitrators and shall
immediately dispose and refer the same to the appropriate grievance
machinery or voluntary arbitration provided in the collective bargaining
agreement. cralaw
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 not sufficient to 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 under Section 9 of
these Rules. cralaw
SECTION 9. Voluntary arbitration subsidy. The Special Voluntary
Arbitration Fund shall be available to subsidize the cost of voluntary
arbitration in cases involving the interpretation and implementation of
the collective bargaining agreement and the interpretation and
enforcement of company personnel policies, including the arbitrator's
fees, subject to the guidelines on voluntary arbitration to be issued by
the Secretary.
RULE XII
Labor-Management Council
SECTION 1. Creation of labor-management council. The Department
shall promote the formation of a labor-management council in organized
establishments to enable the workers to participate in policy and
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.
cralaw
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.cralaw
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. cralaw
The regional branch of the Board may, at its own initiative or upon the
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. cralaw
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 a 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. cralaw
(b) The Secretary of Labor and Employment 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 (P500.00) pesos nor more than ten thousand (P10,000.00)
pesos.cralaw
SECTION 12. Appeal fee and bond. The interested party appealing
any decision, order or award of the lower body or agency shall pay a
filing fee of twenty-five pesos (P25.00) with the body or agency of origin
except deadlock in negotiation cases where the minimum appeal fee
shall be P50.00.cralaw