LABOR RELATIONS LAW

LABOR RELATIONS LAW

-are the laws, rules and regulations which govern the:a. relationship between employees and their employers, b. promote the right of the employees to self- organization and collective bargaining, strikes and picketingc. penalize unfair labor practiced.provide modes for the settlement of labor disputes such as conciliation, mediation, grievance machinery, voluntary and compulsory arbitration

Definition:

a.primacy of free collective bargaining and negotiations, including voluntary arbitration, mediation and conciliation as modes of settling labor or industrial disputesb.promote free trade unionism as an instrument for the enhancement of democracy and promotion of social justice and developmentc.rights and obligations as union members and employeesd.fixing of wages, rates of pay, hours of work or other terms and conditions of employment is not within the power of any court or administrative agency or official except thru collective bargaining processes and thru the processes fixed by law (Regional Tripartite Wages and Productivity Board) (RTWPB)

Art. 211- Declaration of Policy -

LABOR RELATIONS LAW

-are the laws, rules and regulations which govern the:a. relationship between employees and their employers, b. promote the right of the employees to self- organization and collective bargaining, strikes and picketingc. penalize unfair labor practiced.provide modes for the settlement of labor disputes such as conciliation, mediation, grievance machinery, voluntary and compulsory arbitration

Definition:

Employee:Employer: LaborOrganization: Legitimate Labor Organization, Company Union, Bargaining Representative, Unfair Labor Practice, Managerial Employee, Voluntary Arbitrator, Strike, Lockout, Internal Union Dispute, Strike Area.

Art. 212- Definitions:

a.Composition- 24 members with 1 Chairman- 8 from nominees from workers, 8 from the employers organization and the remaining 7 shall be from the public sector preferably from the among the incumbent labor arbitersb. Sitting en banc or in 8 divisions composed of 3 members- 1st, 2nd, 3rd, 4th, 5th and 6th divisions National Capital Region and other parts of Luzon, and the 7th (Visayas) and 8th division (Mindanao)

Art.213- The National Labor Relations Commission:

Art. 214 Headquarters and Branches: Head Office 1st, 2nd, 3rd 4th, 5th, 6th divisions in Metro Manila, 7th (Cebu) 8th (Cagayan de Oro City)

a.engaged in the practice of law in the Philippines for at least 15 yearsb. 5 years experience or exposure in the field of labor management relationsc. preferably residents of the region where they shall hold office

Art. 215- Qualifications of the Chairman and Commissioners:

d.Chairman and the Commissioners and the Labor Arbiter shall hold office during good behavior until reaching the age of 65e.The President may extend the services of the Commissioners and the Labor Arbiters up to maximum age of 70 years upon recommendation of the Commission En BancChairman and the Commissioners of the NLRC- not subject to confirmation of the Commission on Appointments

Labor Arbiters:1. members of the Philippine Bar2. engaged in the practice of law in the Philippines for at least 10 years

Art. 216- Salaries, Benefits and Emoluments-

Art. 217- Jurisdiction of the Labor Arbiters and the Commission-1.Original and exclusive jurisdiction to hear and decide within 30 calendar days after the submission of the case by the parties for decision without extension (even in the absence of stenographic notes) cases involving all workers whether AGRICULTURAL or NON-AGRICULTURAL:

LABOR ARBITERS:1.Unfair Labor practice cases2. Termination disputes (illegal dismissal cases) 3.If accompanied with a claim for reinstatement, those cases that workers may file involving wages, rates of pay, hours of work, and other terms and conditions of employment4.Claims for actual, moral, exemplary and other forms of damages arising from employer-employee relations5. Cases arising from any violation of Art. 264 of the Labor Code(Prohibitions of strike and lock-out) including the questions involving its legality

6.Except claims for Employees Compensation, Social Security, Medicare (PhilHealth) and maternity benefits, ALL OTHER CLAIMS ARISING FROM EMPLOYER EMPLOYEE RELATIONS, INCLUDING THOSE OF PERSONS IN DOMESTIC OR HOUSEHOLD SERVICE INVOLVING AN AMOUNT EXCEEDING Php 5,000 regardless of whether accompanied with a claim for reinstatement

7.wage distortion disputes in unorganized establishment not voluntarily settled by the parties

8.enforcement of compromise when there is non-compliance by any of the parties

9. Money claims of OFW original and exclusive jurisdiction over claims arising out of an employer-employee relationship or by virtue of any law or contract, including claims from actual, moral, exemplary and other forms of damages(claim for unpaid salaries of overseas workers should be whichever is less between the salaries for the unexpired portion of the contract or 3 months for every year of the remaining portion of the contract (contract is 1 year or more)

10.Cases arising from the interpretation or implementation of CBA or those arising from the interpretation or enforcement of company personnel policies shall be disposed of by the Labor Arbiter BY REFERRING THE SAME TO THE GRIEVANCE MACHINERY OR VOLUNTARY ARBITRATION as may be provided in the said agreements

Jurisdiction of the THE NLRC (The COMMISSION)-shall have exclusive appellate jurisdiction over all cases decided by the Labor Arbiters.

shall have appellate jurisdiction over cases decided by the Voluntary Arbitrator (over cases arising from the interpretation or implementation of the collective bargaining agreement

issuance of preliminary injunction/ restraining orders through its Divisions may be issued against Labor disputes and in strikes and lockouts

Cases decided by the DOLE Regional Directors or his duly authorized Hearing Officers (Art. 129 of the Labor Code involving recovery of wages, simple money claims and other benefits not exceeding Php5,000 and not accompanied by claim for reinstatement

****In Labor cases/disputes the following persons are authorized to issue injunctions:President of the Republic of the Philippines (Art. 263 (g) of the Labor Code)Secretary of Labor (Art. 263 (g) of the Labor Code)Labor Arbiters (Art. 217 of the Labor Code)NLRC (Art. 218 of the Labor Code)5. DOLE Regional Directors

9. Art. 218 - POWERS OF THE COMMISSION- (Read)

10.Art. 219 - (OCULAR INSPECTION) - Chairman, Commissioners, Labor Arbiters or their duly authorized representatives may at any time during working hours, conduct an ocular inspection on any establishment, ship or vessel, place or premises, including any work, material, implement, machinery, appliance or any object therein and ask any employee, laborer, or any persons as the case maybe for any information or date concerning any matter or question relative to the object of the investigation-

Art. 220 - Compulsory Arbitration (now being handled by the Commission or any Labor Arbiter

Art. 221 - Technical rules prevailing in courts of law or equity shall not be binding and controlling in labor cases proceedings

Art. 222- Non-lawyers may appear before the Commission or any Labor Arbiter ONLY:1. If they represent themselves or2. if they represent their organization or members thereof

14. Art. 223 Appeal to the Commission: Decisions, awards or orders of the Labor Arbiter are FINAL and EXECUTORY UNLESS APPEALED TO THE COMMISSION BY ANY OR BOTH PARTIES WITHIN 10 CALENDAR DAYS FROM RECEIPT OF SUCH DECISIONS, AWARDS, OR ORDERS ON THE FOLLOWING SPECIFIC GROUNDS:1. Prima facie evidence of abuse of discretion on the part of the Labor Arbiter2. The decision, order, or award was secured through fraud, or coercion, including graft and corruption;3. if made purely on questions of law4. if serious errors in the findings of facts are raised which would cause grave or irreparable damage or injury to the appellant

****In case of judgment involving a monetary award, an appeal BY THE EMPLOYER MAY BE PERFECTED ONLY UPON THE POSTING OF A CASH BOND OR SURETY BOND ISSUED BY A REPUTABLE BONDING COMPANIES DULY ACCREDITED BY THE COMMISSION IN THE AMOUNT EQUIVALENT TO THE MONETARY AWARD IN THE JUDGMENT APPEALED FROM.

**** The Decision of the Labor Arbiter reinstating a dismissed or separated employee, in so far as the reinstatement aspect is concerned, SHALL IMMEDIATELY BE EXECUTORY EVEN PENDING APPEAL.

The employer has two options: shall be admitted back to work under the same terms and conditions prevailing prior to his dismissal or separation -OR- The employer merely reinstate him/her in the payroll.

****The posting of the bond shall not stay the execution for reinstatement.

****Period to decide the appeal- 20 days from receipt of the answer of the appellee. The Decision of the commission shall be final and executor after 10 calendar days from receipt thereof.

(Buenaobra vs. Lim King Guan) period to appeal- mandatoryBut the SC said in this case, we have allowed appeals from the decisions of the labor arbiter to the NLRC even if filed beyond the reglementary period in the interest of justice. Technicality should not be allowed to stand in the way of equitably and completely resolving the rights and obligations of the parties:

DECIDED CASES:

****on posting of a bond- (IBC vs. Benedicto, July 20, 2006)-the posting of a bond for the perfection of an appeal of a monetary award must be given liberal interpretation in line with the desired objective of resolving controversies on the merits. This liberal interpretation must be justified by substantial compliance by the rule

1) A writ of execution may be issued moto propio or on motion by any interested party, by the Secretary of Labor and Employment or any Regional Director, the Commission or any Labor Arbiter or Med-Arbiter or Voluntary Arbitrator- WITHIN 5 YEARS FROM DATE IT BECOMES FINAL AND EXECUTORY. Art. 224 - Execution of Decisions, Orders or Awards

****A Decision is considered final and executor after the issuance of a certificate of finality of no appeal is taken or the same shall have been entered in the Entry of Judgment if an appeal has been taken thereof.

****Computation during execution- where further computation of the award of the decision, resolution or order is necessary during the course of the execution proceedings, no writ shall be issued until after the computation has been approved by the Labor Arbiter with due notice and hearing issued to the parties.

****in the event there is failure or refusal of the losing party to pay the judgment award, the Sheriff shall immediately proceed against the cash deposit or surety bond posted

****in case of refusal of the bonding company, then its president and officers or authorized representatives shall be cited for contempt and the bonding company shall be barred from transacting business with the Commission

****should the cash deposit or surety bond is insufficient, the sheriff shall levy personal and real properties of the losing party not exempt from execution, and sell the same at public auction to the highest bidder.

Art. 225 - Contempt Powers of the Secretary of Labor and Employment - in the exercise of his powers under this Code, the DOLE Secretary may hold any person in direct or indirect contempt and impose the appropriate penalties thereof.

Art. 226 - Bureau of Labor Relations (BLR) and the Labor Relations in the Regional Branches of the DOLE-- shall have original and exclusive jurisdiction over:1. inter-union disputes or representation disputes--cases involving petition for certification election filed by a duly registered labor organization which is seeking to be recognized as the sole and exclusive bargaining agent of the rank and file employees in the appropriate bargaining unit of a company, firm or establishment

2. intra-union dispute or internal union disputes which refer to disputes or grievances arising from any violation of or disagreement over any provision of the constitution and by-laws of the union, including any violation of the rights and conditions of union membership provided for the in the Labor Code

3. All disputes, grievances or problems arising from or affecting labor-management relations in all workplaces except those arising from the interpretation or implementation of the CBA which are subject of grievance procedure and/or voluntary arbitration 4. administrative function of BLR- register labor unions, keeping of registry of labor unions and maintenance and custody of CBAs

Instances of inter/intra-union disputes:1.cancellation of registration of a labor organization2.conduct of certification election of union and workers association/nullification of election of union and workers association officers3.audit/accounts examinations of union or workers association funds4. deregistration of CBAs

Procedure in filing intra-union disputes:1.Filing of a petition. Where the issue involves the entire membership of the labor organization, the complaint shall be supported by at least 30& of its members.2. Venue: BLR Regional Offices in complaints involving labor unions with independent registration, chartered locals, workers associations, its officers and membersBLR Head Office - complaints involving federations, national unions, industry unions, its officers or members

3. Conduct of Hearings by the Med-Arbiter or Hearing Officer which must be completed within 25 days from date of preliminary conference and considered submitted for decision 25 days after the last hearing or from the expiration of the 25 days from date of preliminary conference whichever comes first. 4. Appeal- decision of the Med-Arbiter and Regional Director may be appealed to the Bureau within 10 days from receipt thereof/ further appealed to the Secretary of Labor and Employment within 10 days from receipt of the Decision of the BLR

5. Finality of the Decision of the Bureau/Office of the Secretary within 10 days from receipt thereof, unless a motion for reconsideration is filed within 10 days from receipt of the order/decision. Only one motion for reconsideration is allowed. The appeal shall automatically stay the decision pending appeal with the Office of the Secretary.6. Execution of the decision upon entry of final judgment.

THE NATIONAL CONCILIATION AND MEDIATION BOARD (NCMB)1. Notice of strike or lockouts are filed2. perform preventive mediation and conciliation functions3. formulate policies pertaining to effective mediation and conciliation of all labor dispute

Art. 227 - Compromise Agreements - Once signed and executed shall be binding upon the parties. Subject to execution in the event of non-compliance thereof with the NLRC or if the same was secured thru fraud, misrepresentation or coercion.

Rule on Waivers and Quitclaims:Per se is not invalid or against public policy except where:1. there is clear proof that the waiver was wangled from an unsuspecting or gullible person2. where the terms of the settlement are unconscionable on their faces- regarded then as ineffective

-if the agreement was voluntarily entered into and represents a reasonable settlement, it is binding on the parties and may not later be disowned simply because of a change of mind. (Garcia vs. NLRC, G.R. No. 119649, July 28, 1997).

Art. 228 - Indorsement of Cases to the Labor Arbiters (Repealed)

Art. 229 - Issuance of Subpoenas- the BLR is empowered to issue subpoenas- subpoena duces tecum and subpoena ad tesificandum

Art. 230 - Appointment of Bureau of Personnel- Secretary of Labor has the appointing authority

Art. 231 - Registry of Unions and Files of CBAs is with the BLR

Art. 232 - PROHIBITION ON CERTIFICATION ELECTION- NOT TO ENTERTAIN ANY PETITION FOR CERTIFICATION ELECTION OR ANY ACTION WHICH MAY DISTURB THE ADMINISTRATION OF A DULY REGISTERED EXISTING COLLECTIVE BARGAINING AGREEMENT EXCEPT:

THIS IS CALLED THE CONTRACT BAR RULE When there is an existing CBA duly certified by the BLR, no certification election petition shall be entertained. The only EXCEPTION IS DURING THE SO-CALLED FREEDOM PERIOD 60 DAYS PRIOR TO THE EXPIRATION DATE OF AN EXISTING CBA.

Stated otherwise, that a petition for certification election or a motion for intervention can only be entertained within 60 days prior to the expiry date of an existing collective bargaining agreement duly registered with the BLR. (Philippine Association of Free Labor Unions vs. Estrella, G.R. No. 45323, February 20, 1989 170 SCRA 378, 382)

Information and statements made at conciliation proceedings shall be treated as privileged communication and shall not be used as evidence in the Commission

Art. 234 - Registration of Labor Unions-Read the requirements for registration Art. 233 Privileged Communication-

INDUSTRY UNION group of legitimate labor organization operating within a specific industry in the Philippines

INDEPENDENT LABOR UNION - any labor organization operating at the enterprise level whose legal personality is derived through an independent action for registration

3.FEDERATION AND NATIONAL UNIONS - ANY LABOR ORGANIZATION WITH AT LEAST TEN (10) LOCALS, CHAPTERS OR AFFILIATES WHO ARE CERTIFIED COLLECTIVE BARGAINING REPRESENTATIVES IN THEIR RESPECTIVE INDUSTRIES

Classifications of Labor Organization-

CHARTERED LOCAL/ CHAPTER/LOCAL- IT IS A UNION WHOSE LEGAL PERSONALITY IS DERIVED THROUGH THE ISSUANCE OF A CHARTER CERTIFICATE BY A DULY REGISTERED FEDERATION OR NATIONAL UNION.

TRADE UNION CENTER- group of registered national union or federations organized for mutual aid and protection of its members.

COMPANY UNION- Organized by the management of a certain industry for its own interest and posturing as a union of employees. It is prohibited by the Labor Code.

WORKERS ASSOCIATION- group of workers organized for the mutual aid and protection of its members for purposes other than collective bargaining.

a duly registered federation or national union may directly create a local/chapter by submitting to the Regional Office of the DOLE or to the BLR copies of the charter certificate. The chapter shall acquire legal personality only for purposes of filing a certification election from the date it was issued a charter certificate. It can only acquire legal personality from the date of the filing of complete required documents.

DISAFFILIATIONS OF CHARTERED LOCAL IS ALLOWED- The Supreme Court upheld the right of local unions to separate from their mother federation on the ground that as separate and voluntary associations, local unions do not owe their creation and existence from the national federation to which they are affiliated but instead to the will of their members.

Art. 234-A- Chartering and Creation of a Local Chapter-

- within 30 days from date of filing with the BLR

Application can be denied by the Labor Relations Division. Appeal can be had to the BLR within 10 days from receipt of notice thereof. (Incomplete documents) Art. 236 - Denial of Registration- Art. 235 - Action on Application-

Proof of at least 10 locals or chapters, each of which must be a duly recognized collective bargaining agent in the establishment.

Art. 237 - Additional Requirements for Federations or National Unions

-based on grounds stated in Art. 239, only upon due notice and hearing. Any party-in-interest may commence a petition for cancellation of registration. The Decision of the Regional Director may be appealed to the BLR and cannot be appealed to the Secretary of Labor and Employment. Only remedy is certiorari to the Court of Appeals on ground of grave abuse of discretion on the part of the BLR.

Art. 238 - Cancellation of Registration-

*****Effect of a petition for cancellation of registration SHALL NOT SUSPEND THE PROCEEDINGS FOR CERTIFICATION ELECTION NOR SHALL IT PREVENT THE FILING OF A PETITION FOR CERTIFICATION ELECTION. In case of cancellation, nothing herein shall restrict the right of the union to seek just and equitable remedies in the appropriate courts.

1. Misrepresentation, false statement or fraud in connection with the adoption or ratification of the constitution and by-laws or amendments thereto, the minutes of ratification and the list of members who took part in the ratification

2. Misrepresentation, false statements or fraud in connection with the election of officers, minutes of the election of officers and list of voters;

3. voluntary dissolution by the members

Art. 239 - Grounds for Cancellation of Union Registration-

-2/3 of the general membership of the union vote for the voluntary cancellation of registration of the legitimate labor organization or dissolution of the labor organization in a meeting called for the purpose

Art. 239-A - Voluntary Cancellation of Registration-

-all existing federation and national unions which meet the qualifications of a legitimate labor organization and none of the grounds for the cancellation shall continue to maintain their existing affiliates regardless of the nature of the industry and the location of the affiliation

Art. 240 - Equity of the Incumbent-

A. POLITICAL RIGHT the right to vote and be voted upon subject to the qualifications mandated by lawB. Right to participate in Policy and Decision Making(election every 5 years by secret balloting)Must be member in good standing, employee of the company, must not have been convicted of a crime involving moral turpitude unless he has been given an absolute pardon for such offenseC. Right over funds of the unionD. Right to Information

Art. 241- Right of Union members:

What is CHECK-OFF- A METHOD OF DEDUCTING FROM AN EMPLOYEES PAY AT PRESCRIBED PERIOD, THE AMOUNTS DUE TO THE UNION FOR FEES, FINES OR ASSESSMENTS FOR THE PURPOSE OF RAISING FUNDS FOR THE UNION- THIS SHOULD BE UPON INDIVIDUAL AUTHORIZATION FROM THE INDIVIDUAL EMPLOYEE.The needed authorization to deduct from one wages are as follows:1. union dues 2. special assessments3. attorneys fees4. negotiations fees5. any other extraordinary fees

AGENCY FEES- ARE THE AMOUNTS DEDUCTED FROM THE SALARY OF A NON-UNION MEMBER OF THE COLLECTIVE BARGAINING UNIT. IT MAY BE DEDUCTED EVEN WITHOUT THE CONSENT OF THE CONCERNED EMPLOYEE.

1. Act as the representative of its members in the collective bargaining2.be certified as the exclusive representative of all the employees in an appropriate bargaining union3. to be furnished by the employer upon written request with its annual audited financial statements within 30 calendar days or within 60 days before the expiration of the existing CBA, or during the collective bargaining negotiation4. own property, real or personal5. sue and be sued in its registered name6. undertake all other activities not contrary to law for the benefit of the organization and its members

Art. 242 - Rights of Legitimate Labor Organization-

Coverage: All persons employees in commercial, industrial and agricultural enterprises and in 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 of their own choosing for purpose of collective bargaining.

Art. 242-A- Reportorial Requirements- (Read) Art. 243- Coverage and Employees Right to self-organization

Ambulant, intermittent and itinerant workers, self-employed people, rural workers and those without any definite employers may form labor organizations for their mutual aid and protection.

High level Government Employees (managerial or whose duties are of a highly confidential nature) shall not be eligible to join the organization of rank and file government employeesMembers of the AFP, PNP, firemen, jail guardsEmployees of International Organization enjoying immunity from suits4.Managerial employees (one who is vested with powers or prerogatives to lay down and execute management policies and/or to hire, transfer, suspend, lay-off, recall, discharge, assign or discipline employees or to effectively recommend such managerial actions.

Employees who do not have the right to self-organization

Confidential employees- Employees of the cooperative who are members of the cooperativeSecurity Guards right to self-organization- have the right to form, join or assist in the formation of a labor organization of their own choosing for purposes of collective bargaining and to engage in concerted activities which are not contrary to law including the right to strike

Employees of government corporations established under the Corporation Code shall have the right to organize and to bargain collectively with their employers. All other employees in the civil service shall have the right TO FORM ASSOCIATIONS FOR PURPOSES NOT CONTRARY TO LAW. Public school teachers do not have the right to strike.

Art. 244 - Right of Employees in the Public Service-

They both can join the same federation.

Art. 245 - MANAGERIAL EMPLOYEES ARE NOT ELIGIBLE TO JOIN, ASSIST OR FORM ANY LABOR ORGANIZATION. SUPERVISORY EMPLOYEES MAY FORM THEIR OWN UNION.

The inclusion as union members of employees outside the bargaining unit shall not be a ground for the cancellation of the registration of the union. Said Employees are automatically deemed removed from the list of membership of said union.

Art. 245-A- Effect of inclusion as members of employees outside the bargaining unit-

it shall be unlawful for any person to restrain, coerce, discriminate against or unduly interfere with employees and workers in their exercise of the right to self-organization. Such right shall include the right to form, join, or assist labor organizations for the purpose of collective bargaining through representatives of their own choosing and to engage in lawful concerted activities for the same purpose for their mutual aid and protection.

Art. 246 - Non-abridgment of right to self-organization-

-ANY ACT OF AN EMPLOYER, HIS REPRESENTATIVES AND AGENTS AND ANY LABOR UNION, ITS OFFICERS AND MEMBERS WHICH AFFECT THE RIGHTS OF ANY EMPLOYEE TO SELF-ORGANIZATION

TWO ASPECTS OF ULP- A. CIVIL ASPECT- THESE ACTS ARE COGNIZABLE AND FALLS WITHIN THE JURISDICTION OF THE LABOR ARBITER. THE QUANTUM OF PROOF REQUIRED IS ONLY SUBSTANTIAL EVIDENCE AND THE PRESCRIPTIVE PERIOD IS ONE YEAR FROM THE ACCRUAL OF THE ULP

Art. 247- UNFAIR LABOR PRACTICES

B. CRIMINAL ASPECT- COMMITTED BY THE AGENTS AND OFFICERS OF THE EMPLOYER WHO PARTICIPATED, AUTHORIZED AND/OR RATIFIED THE ACT. THESE ULP falls within the jurisdiction of the regular trial courts and the quantum of proof required is proof beyond reasonable doubt. The Prescriptive period is within one year from the accrual of the act of the ULP

No criminal prosecution may be instituted without a final judgment finding that an unfair labor practice was committed having been first obtained. That the final judgment in the administrative proceedings shall not be binding in the criminal case nor be considered as evidence of guilt but merely as proof of compliance of the requirements set forth.

1. Interfering, restraining or coercing employees to discourage them from joining, forming or assisting in the formation of labor union, such employer is committed ULP

2. YELLOW DOG CONTRACT - WHEN AN EMPLOYER REQUIRES AS A CONDITION OF EMPLOYMENT THAT A PERSON OR AN EMPLOYEE SHALL NOT JOIN A LABOR ORGANIZATION OR SHALL WITHDRAW FROM ONE TO WHICH HE BELONGS

:ART. 248 - UNFAIR LABOR PRACTICES OF EMPLOYERS

3. CONTRACTING OUR SERVICES- WHEN THE EMPLOYER CONTRACTS OUT SERVICES OR FUNCTIONS BEING PERFORMED BY UNION MEMBERS WHEN SUCH WILL INTERFERE WITH, RESTRAIN OR COERCE EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS TO SELF ORGANIZATION

4. COMPANY UNION- PROHIBITS THE EMPLOYER FROM INITIATING, DOMINATING, ASSISTING OR OTHERWISE INTERFERING WITH THE FORMATION OR ADMINISTRATION OF ANY LABOR ORGANIZATION, INCLUDING THE GIVING OF FINANCIAL OR OTHERWISE SUPPORT TO IT OR ITS ORGANIZERS OR SUPPORTERS

5. DISCRIMINATION- DISCRIMINATION IS REGARD TO WAGES, HOURS OF WORK AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT IN ORDER TO ENCOURAGE OR DISCOURAGE MEMBERSHIP IN ANY LABOR ORGANIZATION

6. RETRENCHMENT- dismissal or discharge of an employee if it has come relations with his membership or non-membership with the union or for having given or being about to give testimony under the code.

7. Paid Negotiation- prohibits the employer from paying negotiation or attorneys fees to the union or its officers or agents as part of the settlement of any issue in collective bargaining or any other disputes

8. Refusal to bargaining with the union- the violation of the duty to bargain collectively and violation of the collective bargaining agreement (gross violation/flagrant or malicious refusal to comply with the economic provisions of such agreement)

RUN - AWAY SHOP - -IS DEFINED AS AN INDUSTRIAL PLANT BEING MOVED BY ITS OWNERS FROM ONE LOCATION TO ANOTHER TO ESCAPE UNION LABOR REGULATIONS OR STATE LAWS- ALSO IN DISCRIMINATION AGAINST EMPLOYEES AT THE OLD PLANT BECAUSE OF THEIR UNION ACTIVITIES- MOVES ITS BUSINESS TO ANOTHER LOCATION OR IT TEMPORARILY CLOSES ITS BUSINESS FOR ANTI-UNION PRUPOSES.

BLUE SKY BARGAINING- -THE ACT OF MAKING EXAGGERATED OR UNREASONABLE PROPOSALS.

SURFACE BARGAINING- -GOING THROUGH THE MOTIONS OF NEGOTIATING WITHOUT ANY LEGAL INTENT TO REACH AN AGREEMENT- IT INVOLVES THE QUESTION OF WHETHER AN EMPLOYERS CONDUCT DEMONSTRATES AN UNWILLINGNESS TO BARGAIN IN GOOD FAITH OR IS MERELY HARD BARGAINING.

Art. 249 - Unfair Labor Practices of Labor Organizations-a. restrain or coerce employees in the exercise of their right to self-organizationb.cause or attempt to cause an employer to discriminate against an employee including discrimination against an employee with respect to whom membership in such organization has been denied or to terminate an employee on any ground other than the usual terms and conditions under which membership or continuation of membership is made available to other membersc. to violate the duty or refuse to bargain collectively with the employer

d.FEATHERBEDDING to cause or attempt to case an employer to pay or deliver or agree to pay or deliver any money or other things of value in the nature of an exaction for services which are not performed or not be including the demand for fee for union negotiationse. SWEETHEARTS CONTRACT- To ask for or accept negotiation or attorneys fees from employers as part of the settlement of any issue in collective bargaining or any other disputef. violate a collective bargaining agreement.

Types of Union security clauses:Closed Shop Agreement-- an agreement whereby an employer binds himself to hire only members of the contracting union whom must continue to remain members of the union in good standing for the duration of the agreement as a condition for continued employment(this is considered valid)

Union Shop Agreement- - a clause in a CBA whereby the employer enjoys the right to hire persons without regard to their membership or non-membership in the labor union that represents the employees with the provision that the person so hired must become a member of the union after a specified period must and maintain his membership therein in good standing for the duration of the said agreement

Maintenance of Membership clause- - it does not require non-members to join the union but provides that those who do join must maintain their membership for the duration of the union contract under penalty of discharge

Agency shop - an agreement that requires an employee as a condition of employment to pay the contracting union a service fee known as agency fee for the benefits these employees receive from the CBA as a result of the efforts of the contracting union.

Preferential Shop Agreement-- the right of the employer to select his employees but requires him to give preference to members of the contracting union who are qualified.****Non-membership due to religious beliefs- members of religious groups may not be compelled to join labor organizations if their religions prohibit their members from joining such organizations.

**** Valid termination of employment pursuant to union security clause- the employer may validly dismiss an employees who violated the terms and conditions of the union security clause but the employer must see to it that:

1. the agreement is expressed in a clear and unequivocal way so as not leave room for interpretation2. the agreement can only have prospective application3. the right of every employee to due process must be strictly observed4. the agreement cannot be applied to employees who are already members of the rival union or to the employees who do not join unions pursuant to their religious beliefs.

Preamble or the IntroductionRecognition of the majority status of the contracting union and its right to exclusively represent the members of the collective bargaining unit.Management Prerogative the right and authority of the employer to discipline its employees.Union Prerogative the right of the union to discipline its members.

Art. 250 - Procedure in Collective Bargaining:Parts of a CBA

Scale of wages provision intended to prevent discrimination in the payment of different types of workers and to avoid wage distortion.Promotion of employees.Leave of absence provisions for leave benefits like sick leave, maternity leave and the likes.Union Security Clause the stipulation whereby the employer undertakes to recognize the right of the union who negotiated the CBA to maintain and protect its membership by imposing certain terms and conditions in hiring employees and retention of employment.

Grievance Machinery and Voluntary Arbitration a process or mechanism wherein grievances or matters arising from the implementation or interpretation of a collective bargaining agreement (CBA) and those arising from the interpretation or enforcement of company personnel policies.Voluntary Arbitration a method settling dispute/s by submitting the controversy before an arbitrator or panel of arbitrators chosen by both parties. The voluntary arbitrator shall render a decision after proper hearing of the issues. The decision of the arbitrator shall be final and binding on the contending parties.

Check off is a method of deducting from an employees pay at prescribed period, the amounts due to the union for fees, fines or assessments for the purpose of raising funds for the union based on Article 241 (o) of the Labor Code.Family Planning population education pursuant to the program of the government to control population growth.Labor Education a mechanism designed to inform and educate the workers as regards their rights and duties.Effectivity clause provision for the date when the CBA takes effect.

Interpretation clause provision for the mechanism in applying and interpreting ambiguous provisions of the Collective Bargaining Agreement.Procedures for Collective BargainingBased on the express provisions of Article 250, the following procedures shall be observed in collective bargaining:a.A party who desires to negotiate an agreement shall serve a written notice upon the other party with a statement of its proposals.

b.The other party shall reply thereto not later than ten (10) calendar days from receipt of such notice.c.A conference may be called by either party in case differences arise on the basis of such notice and reply. The conference shall begin not later than the (10) calendar days from the date of request.

d.If the dispute is not settled, the National Conciliation and Mediation Board (NCMB) shall intervene upon request of either or both parties or at its own initiative and immediately call the parties to conciliation meetings. The NCMB shall have the power to issue subpoenas requiring the attendance of the parties to such meetings. It shall be the duty of the parties to participate fully and promptly in the conciliation meetings the NCMB may call.

e.During the conciliation proceedings in the NCMB, the parties are prohibited from doing any act which may disrupt or impede the early settlement of the disputes; andf.The NCMB shall exert all efforts to settle disputes amicably and encourage the parties to submit their case to a voluntary arbitrator.

In the absence of an agreement or other voluntary arrangement providing for a more expeditious manner of collective bargaining, it shall be the duty of employer and the representatives of the employees to bargain collectively in accordance with the provisions of this Code.Art. 251 Duty to Bargain Collectively in the Absence of Collective Bargaining Agreements

Notes:Jurisdictional preconditions in collective bargainingpossession of the status of majority representation of the employees representative in accordance with any of the means of selection or designation provided for by the Labor Code;proof of majority representation; andA demand to bargain under Article 251, paragraph (a) of the New Labor Code. (Kiok Loy doing business under the name and style Sweden Ice Cream Plant vs. NLRC, G.R. No. L-54334, January 22, 1986)

Types of Bargaining1.Single enterprise bargaining any voluntary recognized or certified labor union may demand negotiations with its employer for terms and conditions of work covering employees in the bargaining unit concerned.2.Multi-employer bargaining a legitimate labor union(s) and employers may agree in writing to come together for the purpose of collective bargaining, provided:

only legitimate labor unions who are incumbent exclusive bargaining agents may participate and negotiate in multi-employer bargaining;only employers with counterpart legitimate labor unions who are incumbent bargaining agents may participate and negotiate in multi-employer bargaining; andonly those legitimate labor unions who pertain to employer units who consent to multi-employer bargaining may participate in multi-employer bargaining.

Stages in Collective Bargaining1.Preliminary sending of a written notice to bargain.2.Negotiation stage when parties provide proposals and counter proposals.3.Execution signing of the agreement.4.Publication posting of the agreement two copies of the signed collective bargaining agreement shall be posted for at least (5) days prior to the day of ratification in two conspicuous areas in each workplace of the employer units concerned. (Rule XVI, Section 7, Department Order 40-03)

5.Ratification by the majority of all the workers in the bargaining unit represented in negotiation. Said collective bargaining agreement shall affect only those employees in the bargaining units who have ratified it.6.Registration the collective bargaining agreement shall be registered with the Department of Labor and Employment.7.Administration the implementation of the CBA provisions which shall be jointly administered by the management and the bargaining agent for a period of 5 years.8.Interpretation and application in case of ambiguity in the interpretation, it shall be constructed in favor of labor.

Non-posting of the CBA is a Fatal Defect.

Requisites for Registration of CBAWhere to FileWithin thirty (30) days from execution of a collective bargaining agreement, the parties thereto shall submit two (2) duly signed copies of the agreement to the Regional Office which issued the certificate of registration / certificate of creation of chartered local of the labor union-party to the agreement. Where the certificate of creation of the concerned chartered local was issued by the Bureau, the agreement shall be filed with the Regional Office which has jurisdiction over the place where it principally operates. Multi-employer collective bargaining agreements shall be filed with the Bureau. (Section 1, Rule XVII, Department Order 40-03)

Requirements for RegistrationThe application for CBA registration shall be accompanied by the original and two (2) duplicate copies of the following documents which must be certified under oath by the representative(s) of the employer(s) and labor union(s) concerned:a.the collective bargaining agreement;b.a statement that the collective bargaining agreement was posted in at least two (2) conspicuous places in the establishment or establishments concerned for at least five (5) days before its ratification; and

c.a statement that the collective bargaining agreement was ratified by the majority if the employees in the bargaining unit of the employer or employers concerned.

No other documents shall be required in the registration of collective bargaining agreements.

Effects of Non-registration of the CBAA CBA that is not registered as mandated by Article 231 remains valid and binding between the parties (employer and the union) however, it may not be used to apply the contract bar rule as provided in Article 232 and prevent any legitimate labor union from filing a petition for certification election.

The duty to bargain collectively means the performance of a mutual obligation to meet and convene promptly and expeditiously in good faith for the purpose of negotiating an agreement with respect to wages, hours of work and all other terms and conditions of employment including proposals for adjusting any grievances or questions arising under such agreement and executing a contract incorporating such agreements if requested by either party but such duty does not compel any party to agree to a proposal or to make any concession.Art. 252 Meaning of Duty to Bargain Collectively

Notes:BoulwareismIn negotiation, Boulwareism is an offer or counter-offer that is not meant to be negotiated. This is take it or leave it strategy named after Lemuel Boulware, a former vice president of General Electric. When faced with a strike, Boulware is famous for telling the International Union of Electrical Workers (IUE) at the onset of negotiations that the company had already evaluated the workers needs and was putting forth its first, last and best offer on the table.Due to its nature, boulwareism is prohibited in Philippine Labor laws because the parties the employer and the labor union are mandated to bargain in good faith.

Art. 253 Duty to Bargain Collectively when there Exists a Collective Bargaining AgreementWhen there is a collective bargaining agreement, the duty to bargain collectively shall also mean that neither party shall terminate nor modify such agreement during its lifetime. However, either party can serve a written notice to terminate or modify the agreement at least sixty (60) days prior to its expiration date. It shall be the duty of both parties to keep the status quo and to continue in full force and effect the terms and conditions of the existing agreement during the 60-day period and / or until a new agreement is reached by the parties.

JurisprudenceIt is a rule in this jurisdiction that only a certified collective bargaining agreement, i.e., an agreement duly certified by the BLR may serve as a bar to certification elections. (Philippine Association of Free Labor Unions [PAFLU] vs. Estrella, G.R. No. 45323, February 20, 1989, 170 SCRA 378, 382)This rule simply provides that a petition for certification election or a motion for intervention can only be entertained within sixty days prior to the expiry date of an existing collective bargaining agreement. Otherwise put, the rule prohibits the filing of a petition for certification election during the existence of a collective bargaining agreement except within the freedom period, as it is called, when the said agreement is about to expire.

The purpose, obviously, is to ensure stability in the relationships of the workers and the management by preventing frequent modifications of any collective bargaining agreement earlier entered into by them in good faith and for the stipulated original period.

Automatic Renewal ClauseArticle 253 provides that the CBA shall remain effective and enforceable even after the expiration of the period fixed by the parties as long as no new agreement is reached by them and no petition for certification election is filed.

Art. 253-A - Lifetime of a CBA The representation issue or the status of the union who entered into a Collective Bargaining Agreement has a lifetime of FIVE (5) YEARS FROM DATE OF ITS EFFECTIVITY. THE ECONOMIC PROVISION SHALL BE EFFECTIVE FOR THREE (3) YEARS AND ARE SUBJECT TO NEGOTIATION GOOD FOR THE REMAINING TWO (2) YEARS.

Any provision of the CBA entered into within 6 months from the expiry date of the CBA shall RETROACT TO THE DAY IMMEDIATELY FOLLOWING SUCH DATE. IF ANY SUCH AGREEMENT IS ENTERED INTO BEYOND 6 MONTHS, THE PARTIES SHALL AGREE ON THE DURATION OF THE RETROACTIVITY THEREOF. Example: If the CBA expired on January 30, 2014. The parties renegotiated and a new CBA was concluded on June 30, 2014. The effective date of the new CBA is February 1, 2014.

What is the effect of a CBA signed / renegotiated before the expiration of the freedom period?- The representation case SHALL NOT BE ADVERSELY AFFECTED BY A CBA REGISTERED BEFORE OR DURING THE LAST 60 DAYS OF A SUBSISTING AGREEMENT OR DURING THE PENDENCY OF THE REPRESENTATION CASE.

Art. 254 - INJUNCTION PROHIBITED-No temporary or permanent injunction or restraining order in any case involving or growing out of labor disputes shall be issued by any court or other entity except as those provided in Art. 218 (by the NLRC) and Art. 264 (strikes and lockouts) of the Labor Code.

Art. 255 - Exclusive Bargaining Representation and Workers Participation in Policy and Decision making-

The Labor Organization designated or selected by the majority of the employees in an appropriate collective bargaining unit shall be the exclusive representative of the employees in such unit for the purpose of collective bargaining. However, an individual employee or group of employees shall have the right at any time to present grievances to their employer.

BARGAINING UNIT- GROUP OF EMPLOYEEES SHARING MUTUAL INTERESTS WITHIN A GIVEN EMPLOYER UNIT, COMPRISED OF ALL OR LESS THAN ALL OF THE ENTIURE BODY OF EMPLOYEES IN THE EMPLOYER UNIT OR ANY SPECIFIC OCCUPATION OR GEOGRAPHICAL GROUPING WITHIN SUCH EMPLOYER UNIT.

COLLECTIVE BARGAINING UNIT- REFERS TO ALL THE EMPLOYEES OF A SINGLE EMPLOYER UNLESS THE EMPLOYEES OF A PARTICULAR DEPARTMENT OR DIVISION SHALL HAVE VOTED OTHERWISE

APRROPRIATE BARGAINING UNIT- A GROUP OF EMPLOYEES OF A GIVEN EMPLOYER COMPRISED OF ALL OR LESS THAN ALL OF THE ENTIRE BODY OF EMPLOYEES WHICH THE COLLECTIVE INTEREST OF ALL THE EMPLOYEES CONSISTENT WITH EQUITY TO THE EMPLOYER INDICATE TO BE BEST SUITED TO SERVE THE RECIPROCAL RIGHTS AND DUTIES OF THE PARTIES UNDER THE COLLECTIVE BARGAINING PROVISIONS OF THE LAW.

A UNIT TO BE APPROPRIATE MUST EFFECT A GROUPING OF EMPLOYEES WHO HAVE SUBSTANTIAL MUTUAL INTERESTS IN WAGES, HOURS OF WORK, WORKING CONDITIONS AND OTHER SUBJECTS OF COLLECTIVE BARGAINING.

EXAMPLE: San Miguel Corporation is an employer. It has been manufacturing ICE Cream products, and dairy products. It is also in the production of feeds and processing of chicken.The nature of their products and scales of business may require different skills which must necessarily be commensurate by different compensation packages.

TESTS IN DETERMINING THE APPROPRIATE BARGAINING UNIT:Will of the Employees (GLOBE Doctrine) (case IN RE: Globe Machine and Stamping Co. 1937 case) which says that in determining the proper bargaining unit, the express will or desire of the employees shall be considered, they should be allowed to determine for themselves what union to join or form. The best way to determine their preference is through a referendum.

2)Community of interest rule- affinity and units of employees interest such as substantial similarity of work and duties or similarity of compensation and working conditions3)prior collective bargaining history4)employment status, such as temporary, seasonal and probationary employees.

Art. 256- Representation issue in organized Establishments-Methods to determine the exclusive bargaining representative:

1. Certification Election2. Consent Election3. Run-off election4. Voluntary Recognition

CERTIFICATION ELECTION - refers to the process of determining through secret ballot the sole and exclusive representative of the employees in an appropriate bargaining unit for purposes of collective bargaining or negotiation. A certification election is ordered by the Department of Labor and Employment.

CERTIFICATION ELECTION IS NOT NECESSARY WHEN THE EMPLOYER VOLUNTARY RECOGNIZES THE SAID UNION AND WHEN THE EMPLOYEES DESIGNATE THE UNION AS THE BARGAINING REPRESENTATIVE.

Rules on Certification Election:Who may file: Any legitimate labor organization may file a petition for certification election. If there is not existing registered collective bargaining agreement in the bargaining unit, the Regional Office shall after hearing order the conduct of a certification election.Where to file: with the DOLE Regional Office which issued the petitioning unions certificate of registration/certificate of creation of chartered local. It is assigned to a Med-Arbiter.

When to file: A petition for certification election can be filed anytime EXCEPT:A.WITHIN ONE YEAR PRIOR TO THE FILING OF THE PETITION FOR CERTIFICATION ELECTION. IF AN APPEAL IS FILED FROM THE ORDER OF THE MED-ARBITER CERTIFYING THE RESULTS OF THE CERTIFICATION ELECTION, THE RUNNING OF THE 1 YEAR PERIOD SHALL BE SUSPENDED UNTIL THE DECISION ON THE APPEAL HAS BECOME FINAL AND EXECUTORY (THIS IS KNOWN AS THE ONE YEAR BAR RULE/ELECTION YEAR BAR RULE)

B.WHEN THE DULY CERTIFIED UNION HAS COMMENCED AND SUSTAINED NEGOTIATIONS IN GOOD FAITH WITH THE EMPLOYER WITHIN THE ONE YEAR PERIOD (NEGOTIATION BAR RULE)

C. WHEN 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 A VALID NOTICE OF STRIKE OR LOCKOUT (DEADLOCK BAR RULE)

D. EXISTENCE OF A DULY RECOGNIZED AND CERTIFIED COLLECTIVE BARGAINING AGREEMENT. A PETITION CAN ONLY BE FILED DURING THE FREEDOM PERIOD -60 DAYS PRIOR TO THE EXPIRY DATE OF AN EXISTING CBA. (CONTRACT BAR RULE)

E. PETITION FILED OUTSIDE THE FREEDOM PERIOD- No petition for certification election shall be filed after the lapse of the 60 day freedom period. Any petition filed before or after the 60 day freedom period shall be dismissed outright.

F.APPEAL BAR RULE- the Filing of the Memorandum of appeal from the Order or decision of the Med-Arbiter, stays the holding of a certification election.Contents of the Petition: a.Name of petitioner, address, affiliation / date and number of its certificate of registration. If filed by a federation or national union, the date and number of the certificate of registration or certificate of creation of chartered local

b. name, address and nature of employers business;c. the description of the bargaining unit (how many employees/how many are union members;d. the approximate number of employees in the bargaining unit;e.the names and addresses of other legitimate labor unions in the bargaining unit;

f. a statement indicating the following: if there exists a CBA, that it is filed within the freedom period; if another union had been previously recognized voluntarily or certified in a valid certification, consent or run-off election, that the petition is filed outside the one year period from entry of voluntary recognition or conduct of certification or run-off election and no appeal is pending thereon

g. no CBA in the bargaining unit or that bargaining unit is unorganizedh. in an organized establishment, the signature of at least 25% of all employees in the appropriate bargaining unit shall be attached to the petition at the time of its filing.Forced Intervenor- the incumbent bargaining agent shall automatically be one of the choices in the certification election if the petition is filed by another labor union in the bargaining unit.

Petition is set for Preliminary Conference/ A Motion for Intervention can be filed by any other legitimate labor union within the bargaining unit, under the same form and contents at that of the original petitioner. The same has to be resolved by the Med-Arbiter.Order/Decision on the Petition- within 10 days from the date of the last hearing shall issue a decision either granting the petition or denying the petition.

General Rule: Doubts must be resolved in favor of certification election

Grounds for Denial of the petition:1. Union is not listed in the Departments Registry of Legitimate Labor Union2.the petition is filed before or after the freedom period 3. the petition was filed within 1 year from entry of voluntary recognition or a valid certification, consent or run-off election and no appeal on the results of the certification, consent or run-off election is pending

4. a duly certified union has commenced and sustained negotiations with the employer within the 1 year period / or there exists a bargaining deadlock which had been submitted to conciliation or arbitration5.in case of an organized establishment, failure to submit the 25% support requirement for the filing of the petition for certification election.

Pre-Election Conference- The Election Officer so designated shall call the parties to a pre-election conference to discuss and agree:a. date, time and place of election- shall not be later than 45 days from date of 1st pre-election conference/ on a regular working day and within the employers premises

b. list of eligible and challenged voters

c. number and location of polling places and the number of ballots to be prepared

d. name of watchers or representatives and their alternates

e. mechanics and guidelines of the election contained in the Pre-Election Conference Minutes

****Failure of the parties to appear in the Pre-Election Conference shall mean a waiver of the right to question what has been agreed upon in the Pre-Election Conference.

****Qualification of voters: General Rule: All employees in the bargaining unit at the time the Order granting the certification election, are eligible to vote.

Status of dismissed employee: If said employee has contested the legality of his dismissal with the Labor Arbiter at the time of the Order granting the conduct of the certification election, he is eligible to vote.If a final ruling (final judgment) is issued declaring that his dismissal is valid, not qualified to vote.

In case of disagreement over the voters list, or over the eligibility of voters, all contested voters shall be allowed to vote, subject to challenge and their votes shall be segregated and sealed in individual envelope.

8) Posting of Notices of the actual date and time of the election, the names of the contending unions, the description of the bargaining unit and the list of eligible and challenged voters.

9) Challenging of votes: (a) that here is no employer-employee relationship between the voter and the company (b) the voter is not a member of the appropriate bargaining unit which petitioners seek to represent.

10) When the vote is properly challenged, the Election Officer shall note all challenges in the minutes of the election. It shall be opened and question of eligibility shall be passed upon if the number of segregated voters will MATERIALLY ALTER THE RESULTS OF THE ELCTION.

11) Canvassing of votes

12) Results of the elections- certification of collective bargaining agent- within 5 days from the date of the election and no protest is recorded, the union which obtained a majority of the valid votes cast, shall be certified as the sole and exclusive bargaining agent of all the employees in the appropriate bargaining unit.13) Protest if any, shall be filed within 5 days after the close of the election proceedings.

WHEN SHALL FAILURE OF ELECTIONS HAPPEN:Where the number of votes cast in a certification election or consent election is less than the majority of the number of eligible voters and there are no material challenged votes, the Election Officer shall declare A FAILURE OF ELECTION IN THE MINUTES OF THE ELECTION PROCEEDINGS.

EFFECT OF FAILURE OF ELECTION-A FAILURE OF Election shall not be a bar in the filing of a motion for the immediate holding of another certification election or consent election within six (6) months from date of the declaration of failure of election.

Action on the Motion for Failure of ElectionWithin twenty-four (24) hours from receipt of the motion, the Election Officer shall immediately schedule the conduct of another certification or consent election within fifteen (15) days from receipt of the motion and cause the posting of the notice of certification election at least ten (10) days prior to the scheduled date of election in two (2) most conspicuous places in the establishment. The same guidelines and list of voters shall be used in the election.

Valid Prohibitions against the Conduct of Certification ElectionDespite compliance with the requisites of the law on the filing of a petition for certification election, the same cannot be allowed under the following circumstances:Contract Bar RuleOne-year Bar Rule/Election Year BarDeadlock Bar RulePetition filed outside the Freedom PeriodNegotiation Bar RuleAppeal Bar Rule

CONSENT ELECTION- is the process of determining through secret ballot the sole and exclusive representative of the employees in an appropriate bargaining unit for purposes of collective bargaining or negotiation. A consent is voluntarily agreed upon by the parties, with or without the intervention by the Department.

RUN-OFF ELECTION- refers to an election between the labor unions receiving the two (2) highest number of votes in a certification or consent election with three (3) or more choices, where such a certified or consent results in none of the three (3) or more choices receiving the ,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.

When to Conduct Run-off ElectionWhen an election which provides for three (3) or more choices results in none of the contending unions receiving a majority of the valid votes cast, and there are no objections or challenges which if sustained can materially alter the results, the Election Officer shall motu proprio conduct a run-off election within ten (10) days from the close of the election proceedings between the labor unions receiving the two highest number of votes; Provided, that the total number of votes for all contending unions is at least 50% of the number of votes cast.No Union shall not be a choice in the run-off electionNotice of run-off elections shall be posted by the Election Officer at least five (5) days before the actual date of run-off election. (Section 1, Rule X, Department Order 40-03)

EXAMPLE:3 OR MORE CHOICES (AT LEAST 3 UNIONS ARE CONTESTING TO BECOME THE EXCLUSIVE BARGAINING AGENT)

SUPPOSE, TOTAL NUMBER OF ELIGIBLE VOTERS - 450 TOTAL NUMBER OF VOTES CAST ------ 450 TOTAL NUMBER OF VALID VOTES CAST - 450 SPOILED - 0 CHALLENGED VOTES - 0RESULTS: UNION A - 100 VOTES UNION C - 120 VOTESUNION B - 80 VOTES NO UNION - 150 VOTES

TO BE CERTIFIED, ANY OF THE CONTENDING UNIONS, SHOULD RECEIVE AT LEAST A MAJORITY OF THE VALID VOTES CAST OR 226 (50%+1)-Thus in the above example none of the contending union received the majority votes required.Can run-off election be called upon? Ans. Yes, because the requirement of the law must be that the total number of votes cast for the contending unions resulted to more than 50% of the number of votes cast. (the requirement is only at least 50% of the number of votes cast). In this case, the total number of votes cast for the 3 unions is 300, which more than the magic number of 225.The run-off election shall be held for Union A and Union C, which garnered the first two highest number of votes cast.No Union shall not be a choice in the run-off election.Cont.

Art. 257 Petitions in Unorganized EstablishmentsIn any establishment where there is no certified bargaining agent, a certification election shall automatically be conducted by the Med-Arbiter upon the filing of a petition by any legitimate labor organization, including a national union or federation which has already issued a charter certificate to its local / chapter participating in the certification election or a local/chapter which has been issued a charter certificate by the national union or federation. In cases where the petition was filed by a national union or federation, it shall not be required to disclose the names of the local chapters officers and members.(Republic Act No. 9481, May 25, 2007)

- refers to the process by which a legitimate labor union is recognized by the employer as the exclusive bargaining representative or agent in a bargaining unit, reported with the Regional Office in accordance with Rule VII, Section 2, Department Order 40-03. A duly registered employees organization shall be accorded voluntary recognition upon a showing that no other employees organization is registered or seeking registration, based on records of the Bureau of Labor Relations, and that the said organization has the majority support of the rank-and-file employees in the organizational unit.VOLUNTARY RECOGNITION

Within thirty (30) days from such recognition, the employer and union shall submit a notice of voluntary recognition with the Regional Office which issued the recognized labor unions certificate of registration or certificate of creation of a chartered local.When and Where to file:

a joint statement under oath of voluntary recognition attesting to the fact of voluntary recognition;certificate of posting of the joint statement of voluntary recognition for fifteen (15) consecutive days in at least two (2) conspicuous places in the establishment or bargaining unit where the union seeks to operate;the approximate number of employees in the bargaining unit, accompanied by the names of those who support the voluntary recognition comprising at least a majority of the members of the bargaining unit; anda statement that the labor union is the only legitimate labor organization operating within the bargaining unit.

Requirements for Voluntary Recognition

Entry of voluntary recognition shall bar the filing of a petition for certification election by any labor organization for a period of one (1) year from the date of entry of voluntary recognition. Upon expiration of this one-year period, any legitimate labor organization may file a petition for certification election in the same bargaining unit represented by the voluntarily recognized union, unless a collective bargaining agreement between the employer and voluntarily recognized labor union was executed and registered with the Regional Office in accordance with the Rule XVII of Department Order No. 40-03.Effect of Recording of Fact of Voluntary Recognition

A certification election cannot be held within one (1) year from the date of voluntary recognition.One-year Bar Rule

Art. 258 When an Employer May file PetitionWhen requested to bargain collectively, an employer may petition the Bureau for an election. If there is no existing certified collective bargaining agreement in the unit, the Bureau shall, after hearing, order a certification election.

All certification cases shall be decided within twenty (20) working days.

The Bureau shall conduct a certification election within 20 days in accordance with the rules and regulations prescribed by the Secretary of Labor.

Art. 258-A Employer as By-standerIn all cases, whether the petition for certification election is filed by an employer or a legitimate labor organization, the employer shall not be considered a party thereto with a concomitant right to oppose a petition for certification election. The employers participation in such proceedings shall be limited to:(1) being notified or informed of petitions of such nature; and(2)submitting the list of employees during the pre-election conference should the Med-Arbiter act favorably on the petition.

Article 258-A is a new provision brought about by the passage and implementation of Republic Act No. 9481 which lapsed into law on May 25, 2007 pursuant to the mandates of Article VII, Section 27(1) of the 1987 Constitution.This provision new provision of the law has incorporated the long held principle in jurisprudence that in determining the collective bargaining representative of the employee, the employer must assume a by-stander role.

Notes:

Art. 259 Appeal from Certification Election OrdersAny party to an election may appeal the order or results of the election as determined by the Med-Arbiter directly to the Secretary of Labor and Employment on the ground that the rules and regulations or parts thereof established by the Secretary of Labor and Employment for the conduct of the election have been violated. Such appeal shall be decided within fifteen (15) calendar days. (As amended by Section 25, Republic Act No. 6715, March 21, 1989)

Art. 260 Grievance Machinery and Voluntary Arbitration-The parties to a Collective Bargaining Agreement shall include therein provisions that will ensure the mutual observance of its terms and conditions. They shall establish a machinery for the adjustment and resolution of grievances arising from the interpretation or implementation of their Collective Bargaining Agreement and those arising from the interpretation or enforcement of company personnel policies.

All grievances submitted to the grievance machinery which are not settled within seven (7) calendar days from the date of its submission shall automatically be referred to voluntary arbitration prescribed in the Collective Bargaining Agreement.

For this purpose, parties to a Collective Bargaining Agreement shall name and designate in advance a Voluntary Arbitrator or panel of Voluntary Arbitrators, or include in the agreement a procedure for the selection of such Voluntary Arbitrator or panel of Voluntary Arbitrators preferably from the listing of qualified Voluntary Arbitrators duly accredited by the Board. In case the parties fail to select a Voluntary Arbitrators or panel of Voluntary Arbitrators, the Board shall designate the Voluntary Arbitrator or panel of Voluntary Arbitrators, as may be necessary, pursuant to the selection procedure agreed upon in the Collective Bargaining Agreement, which shall act with same force and effect as if the Arbitrator or panel of Arbitrators has been selected by the parties as described above.

- refers to any question by either the employer or the union regarding the interpretation or implementation of any provision of the collective bargaining agreement or interpretation or enforcement of company personnel policies.

-is a complaint filed by an employee or by his union representative regarding working conditions and for resolution of which there is procedural machinery provided in a union contract. An inquiry, injustice or wrong which gives ground for complaint because it is unjust, discriminatory and oppressive.Grievance

-it is a formal statement of complaint, generally against an authority figure. Grievance may refer to a dispute or controversy between the employer and the collective bargaining representative arising from the interpretation or implementation of their Collective Bargaining Agreement and those arising from the interpretation of company policies.

Art. 261 Jurisdiction of Voluntary Arbitrators or Panel of Voluntary ArbitratorsThe Voluntary Arbitrator or panel of Voluntary Arbitrators shall have original and exclusive jurisdiction to hear and decide all unresolved grievances arising from the interpretation or implementation of the CBA and those arising from the interpretation or enforcement of company personnel policies referred to in the immediately preceding article.

Accordingly, violations of a CBA, except those which are gross in character, shall no longer be treated as unfair labor practice and shall be resolved as grievances under the CBA.Gross violations of CBA shall mean flagrant and / or malicious refusal to comply with the economic provisions of such agreement.The Commission, its Regional Offices 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 Grievance Machinery or Voluntary Arbitration provided in the CBA.

One of the mandatory provisions of the CBA is the mechanism for a grievance machinery to resolve grievances arising from the interpretation or implementation of the CBA and those arising from the interpretation or enforcement of company personnel policies. If unresolved, the matter may then be brought to the voluntary arbitrator or panel of voluntary arbitrators.Notes:

-refers to the mode of settling labor-management disputes by which the parties select a competent, trained and impartial third person who shall decide on the merits of the case and whose decision is final and executory. Voluntary Arbitration

-means any person accredited by the Board as such or any person named or designated in the CBA by the parties to act as their Voluntary Arbitrator, or one chosen with or without the assistance of the National Conciliation and Mediation Board, pursuant to a selection procedure agreed upon in the CBA, or any official that may be authorized by the Secretary of Labor and Employment to act as Voluntary Arbitrator upon the written request and agreement of the parties to a labor dispute. (Article 212[n], Labor Code)Voluntary Arbitrator

The voluntary arbitrator or panel of voluntary arbitrators shall have exclusive and original jurisdiction to hear and decide all grievances arising from the implementation or interpretation of the CBA and those arising from the interpretation or enforcement of company personnel policies which remain unresolved after exhaustion of the grievance procedure.

Jurisdiction of Voluntary Arbitrator

Art. 262 Jurisdiction over Other Labor Disputes -The Voluntary Arbitrator or panel of Voluntary Arbitrators, upon agreement of the parties, shall also hear and decide all other labor disputes including unfair labor practices and bargaining deadlocks.

The parties may agree to submit any and all forms of labor disputes to the voluntary arbitrator or panel of voluntary arbitrators for resolution.Upon agreement of the parties, any other labor dispute may be submitted to a voluntary arbitrator or panel of voluntary arbitrators. Before or at any stage of the compulsory arbitration process, the parties may opt to submit their dispute to voluntary arbitration.

Notes:

Art. 262-A - ProceduresAn employee shall present this 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.If the grievance is valid, the shop steward shall immediately bring the complaint to the employees immediate supervisor. The shop steward, the employee and his immediate supervisor shall exert efforts to settle the grievance at their level.If no settlement is reached, the grievance shall be referred to the grievance committee which shall have ten (10) days to decide the case.Procedure in Handling Grievances

The decision, order, resolution or award of the voluntary arbitrator or panel of voluntary arbitrators shall be final and executory after ten (10) calendar days from receipt of the copy of the award or decision by the parties and it shall not be subject of a motion for reconsideration.Finality 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 for any reason of the voluntary arbitrator or panel of voluntary arbitrators who issued the award or decision, 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 submission agreement to execute the final decision, order or award. (Section 8, Rule XIX, Department Order No. 40-03)Appeals from the decision of voluntary arbitrator or panel of voluntary arbitrators Court Of AppealsExecution of Award/Decision

Art. 262-B Cost of Voluntary Arbitration and Voluntary Arbitrators FeeThe parties to a CBA shall provide therein a proportionate sharing scheme on the cost of voluntary arbitration including the Voluntary Arbitrators fee. The fixing of fee of Voluntary Arbitrators, whether shouldered wholly by the parties or subsidized by the Special Voluntary Arbitration Fund, shall take into account the following factors:(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

Strikes and Lockouts

Art. 263 Strikes, Picketing and LockoutsThere are Three (3) forms of concerted activities, namely:1.Strike;2.Lockout;3.Picketing.

FORMS OF CONCERTED ACTIVITIES

Strike means any temporary stoppage of work by the concerted action of the employees as a result of an industrial or labor dispute. The term strike encompasses not only concerted work stoppages but also the following:1. Slowdowns;2. Mass leaves3. Sitdowns;STRIKE.

4.Attempts to damage, destroy or sabotage plant equipment and facilities and similar activities;5.Overtime boycott;6.The sporting by the workers of closely cropped hair or cleanly shaven heads after their union filed a notice of strike as a result of a CBA deadlock is a form of illegal strike.

Lockout means the temporary refusal of an employer to furnish work as a result of an industrial or labor dispute.It consists of the following:1.Shutdowns;2.Mass retrenchment and dismissals initiated by the employer.3.The employers act of excluding employees who are union members.

LOCKOUT.

Picketing means is the act of workers in peacefully marching to and fro before an establishment involved in a labor dispute generally accompanied by the carrying and display of signs, placards and banners intended to inform the public about the dispute.PICKETING

In establishments with certified bargaining agent.-Any certified or duly recognized bargaining agent may declare a strike in case of bargaining deadlock or unfair labor practice. The employer may declare a lockout based on the same grounds.

WHO MAY DECLARE A STRIKE OR LOCKOUT?

In establishments with no certified bargaining agent.-In the absence of a certified or duly recognized bargaining agent, any legitimate labor organization in the establishment may declare a strike but only on the ground of unfair labor practice.

-The ground of bargaining deadlock cannot be invoked in support of a strike in an unorganized establishment where there is no certified or duly recognized bargaining representative for the simple reason that no CBA can be negotiated absent such certified or duly recognized bargaining agent. In this situation, the existence of a bargaining deadlock is an impossibility.

Minority union cannot stage a strike.A strike conducted by a minority union is patently illegal because no labor dispute which will justify the conduct of a strike may exist between the employer and a minority union. To permit the unions picketing activities would be to flaunt at the will of the majority.

The requisites for a valid strike are likewise applicable to a lockout. The discussion below on the requisites are applicable to both strike and lockout.a.Procedural but mandatory requisites.In accordance with Article 263 and pertinent prevailing jurisprudence, a strike or lockout, in order to be valid and legal, must conform to the following procedural requisites:First requisite it must be based on a valid and factual ground;Second requisite A notice of strike/lockout must be filed with the NCMB-DOLE;

REQUISITES FOR A VALID STRIKE OR LOCKOUT.

Third requisite A notice must be served to the NCMB-DOLE at least twenty-four (24) hours prior to the taking of the strike/lockout vote by secret balloting, informing said office of the decision to conduct a strike/lockout vote, and the date, place, and time thereof;Fourth requisite A strike/lockout vote must be taken where a majority of the members of the union, in case of a strike, or the members of the Board of Directors of the corporation or association or of the partners in a partnership, in case of a lockout, obtained by secret ballot in a meeting called for the purpose, must approve it;

Fifth requisite A strike/lockout vote report should be submitted to the NCMB-DOLE at least seven (7) days before the intended date of the strike/lockout;Six requisite Except in cases of union-busting, the cooling-off period of 15 days, in the case of unfair labor practices, or 30 days, in the case of collective bargaining deadlock, should be fully observed; andSeventh requisite The 7-day waiting period or strike/lockout ban reckoned after the submission of a strike/lockout vote report to the NCMB-DOLE should also be fully observed in all cases.All the foregoing requisites, although procedural in nature, are mandatory and failure of a union or employer to comply therewith would render a strike or lockout illegal.

a. Valid grounds.The law recognizes only the two (2) grounds in support of a valid strike/lockout in accordance with Article 263 [c] of the Labor Code, viz.:1. Collective bargaining deadlock (Economic Strike); and/or2. Unfair labor practice (Political Strike).A strike or lockout not based on any of these two grounds is illegal.

FIRST REQUISITE: EXISTENCE OF VALID AND FACTUAL GROUND/S.

Some principles on the first requisite.1. Violation of CBA, except when gross, is not an unfair labor practice, hence, may not be cited as ground for a valid strike or lockout. Ordinary violation of a CBA is no longer treated as an unfair labor practice but as a mere grievance which should be processed through the grievance machinery and voluntary arbitration. It becomes an unfair labor practice only when it is gross in nature which means that there is flagrant and/or malicious refusal to comply with the economic provisions thereof by either the employer or the union.

2.Inter-union or intra-union dispute, not a valid ground.3.Violation of labor standards, not a valid ground.4.Wage distortion, not a valid ground.

Article 264 [a] of the Labor Code provides that no labor organization or employer shall declare a strike or lockout without first having filed a notice of strike or notice of lockout require under Article 263 [c] of the Labor Code.

SECOND REQUISITE: FILING OF A NOTICE OF STRIKE OR NOTICE OF LOCKOUT WITH NCMB-DOLE.

Article 263 [d] of the Labor Code requires that the notice of strike or notice of lockout must be in accordance with the implementing rules and regulations promulgated by the Secretary of Labor and Employment. The said rules and regulations are extensively cited and discussed in the appropriate notes and comments below.

A notice of strike refers to the notification filed by a duly registered labor union with the NCMB of the Department of Labor and Employment informing the latter of its intention to go on strike because of the alleged commission by the employer of unfair labor practices or because of a deadlock in the collective bargaining negotiations.

a. Notice of Strike.

A notice of lockout refers to the notification filed by an employer with the NCMB-DOLE informing the latter of its intention to temporarily cease its operation because of the alleged commission by a duly registered labor union of unfair labor practices or because of a deadlock in the collective bargaining negotiations.b. Notice of Lockout.

A notice of strike or lockout or a request for preventive mediation is required to be filed with the regional branch of the NCMB having jurisdiction over the workplace of the union members. In case of multiple workplaces, the following rules must be observed:(a)Where two or more regional branches have jurisdiction over the various workplaces, the branch that first receives the notice shall acquire jurisdiction over the dispute to the exclusion of the others.(b) By written agreement of both parties, the venue of the dispute may be waived.c. Where to file the notice of strike/lockout.

In the 2005 case of Capitol Medical Center, Inc. v. NLRC, [G.R. No. 147080, April 26, 2005], it was imposed as additional requisite that a 24-hour notice must be served to the NCMB-DOLE prior to the taking of the strike/lockout vote by secret balloting, informing it of the unions decision to conduct a strike vote or the employers decision to stage a lockout vote, as well as the date, place, and time thereof.

THIRD REQUISITE: SERVICE OF A 24-HOUR PRIOR NOTICE TO THE NCMB-DOLE TO INFORM IT OF THE CONDUCT OF STRIKE/LOCKOUT VOTE BY SECRET BALLOTING.

a.Majority approval of thee conduct of a strike. Article 264 [a] of the Labor Code expressly imposes the requirement that no labor organization shall declare a strike without the necessary strike vote first having been obtained and reported to the Department of Labor and Employment.FOURTH REQUISITE: CONDUCT OF A STRIKE/ LOCKOUT VOTE.

Article 263[f] of the Labor Code requires that 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 or referenda called for that purpose. This process is called strike vote ballotingb.Majority approval of lockout.Article 264[a] of the Labor Code expressly requires that no employer shall declare a lockout without the necessary lockout vote first having been obtained and reported to the DOLE.

c.Duration of the validity of the majority approval of a strike/lockout.The majority decision to stage a strike or lockout is valid for the duration of the dispute based on substantially the dame grounds considered when the strike or lockout vote was taken.

a.Purpose for requiring a strike/lockout vote report. The evident intention of the law in mandatory requiring the submission of the strike/lockout vote report is to reasonably regulate the right to strike or lockout which is essential to the attainment of legitimate policy objectives embodied in the law. Verily, mere substantial compliance with a mandatory provision will not suffice. Strict adherence to the mandate of the law is required.FIFTH REQUISITE: SUBMISSION OF THE STRIKE/LOCKOUT VOTE REPORT TO THE NCMB-DOLE.

b.When to submit the strike/lockout vote report.A strike/lockout vote should be reported to the Regional Branch of the NCMB, at least 7 days before the actual staging of the intended strike/lockout, subject to the observance of the cooling-off periods provided under the law.

a.General rule.The cooling-off periods provided under the law before the intended date of the actual mounting of the strike/lockout are as follow:1. in case of bargaining deadlock, the cooling-off period is thirty (30) days;2. in case of unfair labor practice, the cooling-off period is fifteen (15) days.b.Exception incase of union-busting

SIXTH REQUISITE: OBSERVANCE OF THE COOLING-OFF PERIODS.

c.Cooling-off period when notice of strike is filed in an unorganized establishment.a notice of strike may be filed by any legitimate labor organization in behalf of its members but only on the ground of unfair labor practice because the other ground of collective bargaining deadlock is not available to it since there can be no CBA negotiation in an establishment where there is no certified bargaining agent. The cooling-off period in this case is fifteen (15) days from the intended date of the strike. In case, however, the existence of the labor organization is threatened because of union-busting, the 15-day cooling off period need not be complied with and the union may take action immediately after complying with the other mandatory procedural requisites.

d.Reckoning of the cooling-off periods.The start of the cooling-off periods should be reckoned from the time the notice of strike or lockout is filed with the NCMB, a copy thereof having been served on the other party concerned.e.Purpose of the cooling-off periods.

a.Purpose of the 7-day waiting period or strike/lockout ban.The 7-day waiting period is intended to give the DOLE an opportunity to verify whether the projected strike really carries the imprimatur of the majority of the union members.

SEVENTH REQUISITE: OBSERVANCE OF THE 7-DAY WAITING PERIOD OR STRIKE/LOCKOUT BAN.

b.Waiting period or strike/lockout ban and cooling-off period, distinguished.The 7-day waiting period or strike/lockout ban is a distinct and separate requirement from the cooling-off period prescribed by law. The latter cannot be substituted for the former.c.Effect on the 7-day waiting period of strike/lockout ban if the strike/lockout vote is taken and reported within the cooling-off period.

d.Some principles on cooling-off period and 7-day waiting period.1. A strike staged on the same day the notice of strike is filed, held illegal.2. A strike mounted on the same day the strike vote report is submitted to the NCMB-DOLE, held illegal.3. Deficiency of even one (1) day, held fatal.4. One-day strike without complying with the 7-day strike ban, held illegal.

1.it should be peacefully carried out;2.there should be no act of violence, coercion or intimidation attendant thereto;3.the ingress to (entrance) or egress from (exit) the company premises should not be obstructed.4.public thoroughfares should not be impeded.

Right to picket is protected by the constitution and the law.

REQUISITES FOR LAWFUL PICKETING.

The right to picket is guaranteed under the freedom of speech and of expression and to peaceably assemble to air grievances in the Constitution under Section 4, Article III (Bill of Rights) thereof.The right to picket is likewise guaranteed as part of the right guaranteed under the law to engage in concerted activities for purposes of collective bargaining for their mutual benefit and protection.

Effect of absence of employment relationship on picketing.Picketing, if peacefully carried out, cannot be prohibited even in the absence of employer-employee relationship.

Effect of the use of foul language during the conduct of the picket.In the event the picketers employ discourteous and impolite language in their picket, such may not result in, or give rise to, libel or action for damages.

Santa Rosa Coca-Cola Plant Employees Union vs. Coca-Bottlers Phils., Inc., [G.R. No. 164302-03, January 24, 2007].Petitioners contend that what they conducted was a mere picketing and not a strike. In disagreeing to this contention, the High Court emphasized that it is not an issue in this case that there was a labor dispute between the parties as petitioners had notified the respondent of their intention to stage a strike, and not merely to picket.When picket becomes a strike.

Petitioners insistence to stage a strike is evident in the fact that an amended notice of strike was filed even as respondent moved to dismiss the first notice. The basic elements of a strike are present in this case: 106 members of petitioner Union, whose respective applications for leave of absence on September 21, 1999 were disapproved, opted not to report for work on said date, and gathered in front of the company premises to hold a mass protest action. Petitioners deliberately absented themselves and instead wore red ribbons and carried placards with slogans such as: YES KAMI SA S