Dustin Michael H.

Garcia 3A
The policy of the State in promoting a truly democratic method of regulating the relations
between employers and employees is encapsulated in Book V of the Labor Code of the Philippines.
Specifically, Book V discusses the concept of collective bargaining as the means for employers
and employees to mutually benefit from labor.
In protecting and enhancing labor relations, the government acts primarily through the
National Labor Relations Commission (“NLRC”) for program and policy coordination. The NLRC
is an agency attached to the Department of Labor and Employment (“DOLE”) and supervised by
the DOLE Secretary. It works through a collegial body in performing administrative functions and
exercising adjudicatory powers, either as original jurisdiction (concerning national interests) or as
appellate jurisdiction (reviewing decisions and final orders of the labor Arbiters).
The government intervenes in employment-related disputes through the Labor Arbiters.
These arbiters resolve said disputes which are filed in the Regional Arbitration Branch having
jurisdiction over the workplace of the complainant. Examples of such disputes include unfair labor
practices, terminations disputes, money claims, legality of strikes and lockouts, and interpretation
of collective bargaining agreements (“CBA”).
The two other government agencies worth noting are the Bureau of Labor Relations
(“BLR”) and the National Conciliation and Mediation Board (“NCMB”). The BLR has jurisdiction
over union matters, collective bargaining registry, and labor education. While the NCMB handles
mediation, conciliation, and arbitration.
Moving on to the participation of the employees, labor organizations act as the medium
through which employees negotiate the terms and conditions with their employers. They are
granted with legal personality and certain rights and duties upon registration with DOLE. Among
such rights and duties are the participation as the sole representative for purposes of collective
bargaining, and ownership of properties for the benefit of its members.
Within labor organizations, employees have the rights and conditions connected to their
membership such as the protection from excessive initiation fees, disclosure of financial
transactions of the organization, contributions to the same, and capability to elect its officers.
It is important to note that the Labor Code does not discriminate as to the employees who
can form labor organizations. Employees in the commercial, industrial and agricultural enterprises
and in religious, charitable, medical, educational institutions, or even in government corporations
(established under the Corporation Code) have the undeniable right to self-organization for their
mutual aid and protection. As for other employees in the civil service, they may also form
associations for purposes not contrary to law or only for the furtherance and protection of their
interests.
Managerial and supervisory employees are special categories of employees. Managerial
employees are prohibited from joining or assisting any labor organization by virtue of their close
relationship with the management. While supervisory employees may form their own labor
organizations provided that they do not form with rank-and-file employees.
 Common problems of labor organizations are unfair labor practices. These practices violate
the constitutional right of employees to self-organization, and impede upon the right to bargain
collectively and deal in an atmosphere of freedom, mutual respect, and industrial peace. For the
employees, their remedy lies with the filing of the complaint before Labor Arbiters, or the NLRC,
in proper cases.
To qualify as an unfair labor practice, the employee, aside from proving this status with
respect to the employer, must show that the acts of the employer fall under Art. 259 of the Labor
Code. Such acts include, among others, interference with the right to self-organization, and
discrimination of terms and conditions of employment to encourage or discourage joining certain
labor organizations. Similar acts of the union under Art. 260 may constitute as unfair labor
practices.
On the aspect of CBA, these agreements reflect a concerted activity of employees and refer
to the contract executed between the bargaining representative and the management after
negotiations concerning terms and conditions of employment. Any CBA shall last for a term of
five years which can be subject to renegotiation three years after execution. In instances of failure
to conclude CBAs, recourse to conciliation is required. In addition, CBA are immune from
injunctions except for the purpose of protecting the interest of neutral employees in common situs
picketing.
Every CBA shall include a machinery for the adjustment and resolution of grievances
arising from the interpretation or implementation of the agreement and company personnel
policies. Should such machinery fail within seven calendar days from submission, the grievance
shall automatically be referred to voluntary arbitration which exercises original and exclusive
jurisdiction.
Another concerted activity of employees is the right to strike. Employees organize strikes
to enforce demands submitted to the employer. A valid exercise of the right to strike stems from a
labor dispute between the employer and employees concerning terms and conditions of
employment. Further, a valid strike is protected from injunctions and any consequence of
discrimination relating to employment.
As a procedural aspect of a strike, the duly recognized bargaining agent must file a notice
of strike either 30 days before (bargaining deadlocks), or 15 days before (unfair labor practices).
Such mentioned periods serve as a “cooling-off period” where the DOLE has the duty to exert all
efforts towards voluntary settlement. In some cases, the DOLE Secretary may intervene and
assume jurisdiction over the dispute. In other cases, he may certify to compulsory arbitration with
the NLRC upon considerations of national interest.
While employees have the right to strike, the law grants the employer to exercise lockouts.
Lockouts mean that employers may refuse work on the ground of an industrial or labor dispute. s
Book V concludes with Title IX on some special provisions, such as the DOLE Secretary’s
duty to study labor-management relations, visitorial powers, and Tripartism and Tripartite
Conferences, government employees, and miscellaneous provisions.