An Affiliate is an independent union form a local or independent union.

Such act
affiliated with a federated, national union or a does not constitute ULP, not a violation of
chartered local which was subsequently union security clause, and not an act of
granted independent registration but did not disloyalty.
disaffiliate from its federation, reported to the
Regional Office and the Bureau of Labor EFFECTS of Disaffiliation
Relations. When an Independently-registered Union
which was subsequently issued a charter
An Independent Union is a labor certificate disaffiliates from the Mother union
organization operating at the enterprise level which issued the same, its status as a
that required legal personality through legitimate labor organization. As such, it has
independent registration under the Labor acquired the requisite legal personality to file
Code. for a petition for certification election.
A Local Chapter or Chartered Local is a
However, once a Local Chapter disaffiliates
labor organization in the private sector
operating at the enterprise level that from the federation/mother union which
acquired legal personality through the created it, it ceases to be a legitimate labor
organization. Hence, it cannot, by itself, file
issuance of a charter certificate by a duly
registered federation or national union, and for a petition for certification election.
reported to the Regional Office.
SUBSTITUTIONARY DOCTRINE – change
A National Union or Federation refers to a of bargaining representative during the life of
group of legitimate labor unions in a private the CBA.
establishment organized for collective Even during the effectivity of the CBA
bargaining or for dealing with employers executed between the employer and the
concerning terms and conditions of employees through their agent, the
employment for their member union or for employees can change the said agent but
participating in the formulation of social and the CBA continues to bind them up to its
employment policies, standards and expiration date. The newly elected agent
programs, registered with the BLR in would have to respect the contract. The
accordance with the law. employees can, however, negotiate with
management for the shortening thereof.
The Purpose of affiliation is to foster the The substitutionary doctrine CANNOT be
free and voluntary organization of a strong invoked of the substitution of bargaining
and united labor movement; to increase, by agent is to SUBVERT an existing CBA.
collective action, the common bargaining
power of local unions for the effective UNION DUES AND SPECIAL
protection of their interests. Ergo, the truism: ASSESSMENTS
there is strength in number.
UNION DUES are payments to meet the
Disaffiliation, on the other hand, DOES union’s general and current obligations.
NOT DIVEST an affiliate union of its LEGAL
SPECIAL ASSESSMENTS are payments for
PERSONALITY. Generally, a labor union
may disaffiliate from the mother union to a special purpose, especially if required only
for a limited time. (
AGENCY FEE is an amount, equivalent to Collective Bargaining is defined as
union dues, which a non-union member pays negotiations towards a collective agreement.
to the union because he benefits from the
CBA negotiated by the union.
A Collective Bargaining Agreement refers
CHECK-OFF means a method of deducting to the negotiated contract between a
legitimate labor organization and the
from the employees’ pay at prescribed
employer concerning wages, hours of work
periods, any amount due for fees, fines and and all other terms and conditions of
assessments, and remits them directly to the employment in a bargaining unit, including
union. mandatory provisions for grievances and
arbitration machineries.
All unions are authorized to collect
reasonable amount of union dues, A CBA, just like any other contract, is
assessments, agency fees, etc. respected as the law between the
contracting parties and compliance in good
Assessments for negotiation fees, attorney’s faith is mandated. Pursuant to principles of
fees and other similar charges may be non-impairment of obligation and the
CHARGED ONLY AGAINST THE UNION freedom to contract, the courts have no
choice but to give force and effect to
FUNDS. The payment thereof is
provisions of such contract; so long as it is
PROHIBITED if effected through FORCED not contrary to law, morals, god customs, or
CONTRIBUTIONS from the workers public policy.
individually.

For the CHECK-OFF of union dues and THE relation between labor and capital is
special assessments to be VALID, there not merely contractual; it is so impressed
must be an INDIVIDUAL WRITTEN with public interest that labor contracts
AUTHORIZATIONS duly signed by the must yield to the common good.
MEMBER-employee concerned.
Interpretation of CBA – Construed
Such INDIVIDUAL WRITTEN Liberally; If the terms are clear and there
AUTHORIZATIO is NOT REQUIRED for the is no doubt as to the intention of the
CHECK-OFF or collection of AGENCY FEE parties, the literal meaning of its
from NON-MEMBERS of the bargaining stipulation shall prevail.
agent. But it must be established that the
non-union member ACCEPTS the
BENEFITS FLOWING FROM THE CBA.
AUTOMATIC RENEWAL CLAUSE – All the
Agency fee is to be paid only to the
terms and conditions of the CBA shall
bargaining agent which negotiated the CBA
continue to be in force and retain its effect
with the employer. Minority unions cannot
even after the expiration of the agreement
demand from the employer to grant it the
until a new one is negotiated and ultimately
right to check-off of union dues and
concluded by the parties.
assessments.
HOLD-OVER PRINCIPLE. In the absence of
a new CBA], [i]t shall be the duty of the
parties to keep the status quo and to
continue in full force and effect the terms and
conditions of the existing agreement during their rights, duties, benefits and welfare.
the 60 day period and/or until a new It is composed of representatives of the
agreement is reached by the parties. employer and the employees of the
establishment.

MANDATORY PROVISIONS of the CBA – GRIEVABLE ISSUE – ordinary violations of

those which are mandatory to be embodied non-economic or political provisions of the
in the CBA in order for it to be deemed CBA which are ordinary, and not gross, in
VALID. character. Otherwise, if there is GROSS
violation of CBA, they shall be considered as
1. GRIEVANCE PROCEDURE/ ULP.
MECHANISM – It refers to the internal
rules of procedure established by the GROSS VIOLATION is defined as
parties in their CBA with voluntary FLAGRANT and/or MALICIOUS REFUSAL
arbitration as the terminal step, which are BY A PARTY TO COMPLY WITH THE
intended to resolve all issues arising from
ECONOMIC PROVISIONS OF THE CBA.
(1) the interpretation or implementation of
their CBA or (2) the interpretation or All grievances submitted to the grievance
enforcement of company personnel machinery which are not settled within 7
policies. It is that part of the CBA which calendar days from the date of its
provides for a peaceful way of settling submission shall be automatically referred
differences and misunderstanding to voluntary arbitration (LA) prescribed in
between the parties. the CBA.
2. VOLUNTARY ARBITRATION – It refers
to the mode of settling labor- NO STRIKE, NO LOCKOUT CLAUSE.
management disputes in which the
parties select an impartial third person A "no strike, no lock-out" provision in the
called “Voluntary Arbitrator” who is CBA is a valid stipulation although the clause
tasked to decide on the merits of the
case and whose decision is final and may be invoked by an employer only when
executory. the strike is economic in nature or one which
is conducted to force wage or other
3. NO STRIKE, NO LOCKOUT CLAUSE - It concessions from the employer that are not
is a clause in the CBA which indicates mandated to be granted by the law itself. It
the respective commitments of the would be inapplicable to prevent a strike
parties thereto not to stage a strike, on
which is grounded on unfair labor practice
the part of the union, and not to conduct
a lockout, on the part of the employer,
during the lifetime of the CBA. This
clause may be invoked to bar an
economic strike/lockout but not an unfair
labor practice strike/lockout.

4. LABOR MANAGEMENT COUNCIL - It is

mandated to be created in every
establishment pursuant to the
constitutional grant to employees of the
right to participate in policy and decision-
making processes in all matters affecting
UNION SECURITY CLAUSE - any form of Classification of union security
agreement which imposes upon employees agreements
the obligation to acquire or retain union
membership as a condition affecting A CLOSED SHOP may be defined as an
employment. enterprise in which, by agreement between
the employer and his employees or their
PURPOSE of such clause is to guarantee representatives, no person may be
the continued existence of the union through employed in any or certain agreed
enforced membership for the benefit of the departments of the enterprise unless he or
workers. she is, becomes, and, for the duration of the
agreement, remains a member in good
The rationale for upholding the validity of standing of a union entirely comprised of or
the union security clause is TO PROMOTE of which the employees in interest are a part.
UNIONISM because a strong and effective
union presumably benefits all employees in There is MAINTENANCE OF
the bargaining unit since such union would MEMBERSHIP SHOP when employees,
be in a better position to demand improved who are union members as of the effective
benefits and conditions of work from the date of the agreement, or who thereafter
employer. become members, must maintain union
membership as a condition for [their]
The right NOT TO JOIN s union is NOT continued employment until they are
ABSOLUTE; it must give way to the promoted or transferred out of the bargaining
collective good of all members of the unit or the agreement is terminated.
bargaining unit because it favors unionism.
An individual employee’s right not to join a There is UNION SHOP when all new regular
union may be validly restricted be a union employees are required to join the union
security clause in a CBA. within a certain period as a condition for their
continued employment.
The following employees are EXEMPT from
coverage of Union Security Clause: MODIFIED UNION SHOP – Employees who
are not union members at the time of signing
1. Employees already in the service and the contract need not join the union, but all
already members of a union other than workers hired thereafter must join. [Azucena]
the bargaining agent when the USC/CBA
took effect; AGENCY SHOP – An agreement whereby
employees must either join the union or pay
2. Ees prohibited to be members of unions,
to the union as exclusive bargaining agent a
ie Managerial ees, Confidential ees, sum equal to that paid by the members.
Mixed membership unions;
3. EEs excluded from the USC by express
terms of the CBA; and
4. EEs who are bona-fide members of
religios orgs prohibited from joining
unions n religious grounds.
RIGHT TO COLLECTIVE BARGAINING ULP – UNFAIR LABOR PRACTICE

It is the policy of the State to promote and Gross violation of the provisions in the CBA;
emphasize the primacy of free and malicious, flagrant and done in bad faith.
responsible exercise of the right to self-
organization and collective bargaining. Elements of ULP. Before an employer or
labor organization may be said to have
The duty to bargain collectively means the committed ULP, the following elelments
performance of a mutual obligation to meet
must concur:
and convene promptly and expeditiously in
good faith for the purpose of negotiating an 1. There should exist an ER-EE
agreement with respect to the terms and relationship; and
conditions of employment including 2. The act complained of must be
grievance machinery; such duty, however, expressly mentioned and defined in
does not compel any party to agree to a the Labor Code as ab unfair labor
proposal or to make any concession. practice.

General Rule - An unfair labor practice may

The duty to bargain collectively contemplates
two situations: in the absence of a CBA and be committed only within the context of an
when there is an existing CBA. employer-employee relationship;
As regards the former, the duty must be Exception - “Yellow Dog” Contract: to
discharged in accordance, with any require as a condition of employment that a
agreement or voluntary arrangement person or an employee shall not join a labor
between the employer and bargaining agent; organization or shall withdraw from one to
in the absence thereof, in accordance with
which he belongs.
the Labor Code provisions.
When there is a CBA, the duty to bargain
“Not all unfair acts constitute ULP”
collectively shall al mean that neither party
shall terminate nor modify such agreement To be deemed as ULP, the act complained
during its lifetime. of must have a PROXIMATE AND CAUSAL
CONNECTION with the following:
1. Exercise of the right to collective
Essential REQUISITES of Collective bargaining;
Bargaining: 2. Exercise of the right to self-
organization; or
1. ER-EE relationship must exist
3. Compliance with the CBA.
between the employer and the
members of the bargaining unit being
represented by the agent;
2. The bargaining agent must have the ULP in Collective Bargaining
majority support of the members;
(1) Bargaining in bad faith. –
and
When there is CLEAR EVASION OF THE
3. A lawful demand to bargain is DUTY OT BARGAIN COLLECTIVELY.
made in accordance with the law.
INDIVIDUAL BARGAINING
- contemplates a situation where the
employer bargains with the union
through the employees instead of the
employees through the union.
It is an unfair labor practice for an employer Clearly, its actuation showed a lack of
operating under a CBA to negotiate with his sincere desire to negotiate the CBA thereby
employees individually. That constitutes rendering it guilty of an unfair labor practice.
interference because the company is still
under obligation to bargain with the union as While the law does not compel the parties to
the bargaining representative. reach an agreement, it does contemplate
that both parties will approach the
BLUE SKY BARGAINING negotiation with an open mind and make a
- is defined as "unrealistic and reasonable effort to reach a common ground
unreasonable demands in negotiations of agreement.
by either or both labor and management,
where neither concedes anything and
demands the impossible." It actually is ULP in the Exercise of Right to Self-
not collective bargaining at all. organization
- refers to acts that violate the workers’
SURFACE BARGAINING right to organize.
- is defined as "going through the motions
of negotiating," without any real intent to ULPS OF EMPLOYERS.
reach an agreement. It violates the Act's – The following are the ULPs of employers
requirement that parties negotiate in under Article 248 of the Labor Code:
"good faith." It is prohibited for (a) To interfere with, restrain or coerce
employers to engage in the forms of
employees in the exercise of their right to
collective bargaining without the
substance. self-organization;
(b) To require as a condition of employment
NOTE: that a person or an employee shall not
a. Parties have no obligation to precipitately join a labor organization or shall withdraw
agree to the proposals of each other. from one to which he belongs
b. Making a promise during the CBA (YELLOW DOG CONTRACT);
negotiations, not an indication of bad
(c) To contract out services or functions
faith.
c. Adamant stance resulting in an impasse, being performed by union members
not an indicium of bad faith. when such will interfere with, restrain or
d. Allegations of bad faith wiped out with coerce employees in the exercise of their
the signing of the CBA. rights to self-organization
(CONTRACTUALIZATION);
(2) Refusal to bargain
(d) To initiate, dominate, assist or otherwise
Examples:
interfere with the formation or
• The Supreme Court found the petitioner
guilty of ULP for refusing to send a administration of any labor organization,
counter-proposal to the union and to including the giving of financial or other
bargain anew on the economic terms of support to it or its organizers or
the CBA. supporters (COMPANY UNION);
• The petitioner school was declared guilty (e) To discriminate in regard to wages, hours
of unfair labor practice when it failed to of work and other terms and conditions of
make a timely reply to the proposals of
employment in order to encourage or
the certified bargaining union more than
a month after the same were submitted discourage membership in any labor
to it. organization (DISCRIMINATION).
Nothing in this Code or in any other law shall ULPS OF UNION
stop the parties from requiring membership – Under Article 249 of the Labor Code, it
in a recognized collective bargaining agent shall be unfair labor practice for a labor
organization, its officers, agents or
as a condition for employment, except those
representatives:
employees who are already members of (a) To restrain or coerce employees in the
another union at the time of the signing of exercise of their right to self-organization.
the collective bargaining agreement However, a labor organization shall have
(UNION SECURITY). the right to prescribe its own rules with
Employees of an appropriate bargaining unit respect to the acquisition or retention of
who are not members of the recognized membership;
collective bargaining agent may be assessed (a) To cause or attempt to cause an
a reasonable fee equivalent to the dues and employer to discriminate against an
other fees paid by members of the employee, including discrimination
recognized collective bargaining agent, if against an employee with respect to
such non-union members accept the benefits whom membership in such organization
under the collective bargaining agreement: has been denied or to terminate an
Provided,that the individual authorization employee on any ground other than the
required under Article 250 [241], paragraph usual terms and conditions under which
(o) of this Code shall not apply to the non- membership or continuation of
members of the recognized collective membership is made available to other
bargaining agent (AGENCY FEE) members;
(b) To violate the duty, or refuse to bargain
(f) To dismiss, discharge or otherwise collectively with the employer, provided it
prejudice or discriminate against an is the representative of the employees;
employee for having given or being (c) To cause or attempt to cause an
about to give testimony under this Code employer to pay or deliver or agree to
(this is the only ULP which need not be pay or deliver any money or other things
connected to the exercise of the of value, in the nature of an exaction, for
employees of their right to self- services which are not performed or not
organization and collective bargaining); to be performed, including the demand
for fee for union negotiations (ANTI-
FEATHER BEDDING);
CBA-RELATED ULPs:
(d) To ask for or accept negotiation or
(g) To violate the duty to bargain collectively
as prescribed by the Labor Code; attorney’s fees from employers as part of
(h) To pay negotiation or attorney’s fees to the settlement of any issue in collective
the union or its officers or agents as part bargaining or any other dispute; or
of the settlement of any (e) To violate a CBA but only when the
(i) issue in collective bargaining or any violation is “gross” in character which
other dispute; or means flagrant and/or malicious refusal
(j) To violate a CBA but only when the
by thelabor organization, its officers,
violation is “gross” in character which
means flagrant and/or agents or representatives to comply
(k) malicious refusal by theemployer to with the economic provisions of the
comply with the economic provisions CBA.
of the CBA.
RIGHT TO PEACEFUL CONCERTED Who may declare a lockout?
ACTIVITIES. The employer can declare a lockout.

Forms of Concerted Activities. - There are REQUISITES FOR A VALID STRIKE. – The
three (3) forms of concerted activities, following are the seven (7) procedural but
namely: mandatory requisites:

1) Strike - means any temporary stoppage 1. It must be based on a VALID AND

of work by the concerted action of the FACTUAL GROUND;
employees as a result of an industrial or 2. A NOTICE OF STRIKE must be filed with
labor dispute. the NCMB-DOLE;
3. A notice must be served to the NCMB-
It encompasses slowdowns, mass DOLE at least twenty-four (24) hours
leaves, sitdowns, overtime boycott, prior to the taking of the strike vote by
attempts to damage, destroy or sabotage secret balloting, informing said office of
plant equipment and facilities and similar the decision to conduct a strike vote, and
activities and sporting by the workers the date, place, and time thereof;
of closely cropped hair or cleanly 4. A STRIKE VOTE must be taken where a
shaven heads after their union filed a majority of the members of the union
notice of strike as a result of a CBA obtained by secret ballot in a meeting
deadlock.[9] called for the purpose, must approve it;
5. A strike vote REPORT should be
2) Lockout - means the temporary refusal submitted to the NCMB-DOLE at least
of an employer to furnish work as a result seven (7) days before the intended date
of an industrial or labor dispute. of the strike;
6. Except in cases of union-busting, the
It consists of shutdowns, mass COOLING-OFF PERIOD of 15 days, in
retrenchment and dismissals or the the case of unfair labor practices, or 30
employer’s act of excluding employees days, in the case of collective
who are union members. bargaining deadlock, should be fully
observed; and
3) Picketing – means the act of workers in 7. The 7-day waiting period or STRIKE
peacefully marching to and fro before an BAN reckoned after the submission of a
establishment involved in a labor dispute strike vote report to the NCMB-DOLE
generally accompanied by the carrying should also be fully observed in all
and display of signs, placards and cases.
banners intended to inform the public
about the dispute. Requisites for a valid lockout. – same as
for Strike, except that the ER declares…
Who may declare a strike?
Only a duly recognized or certified REQUISITES FOR A LAWFUL PICKETING.
bargaining agent may declare a strike. –The only requisite for the lawful conduct of
picketing is that it should be peacefully
A minority union can never declare a strike. carried out. There should be no violence,
coercion or intimidation attendant thereto.
In unorganized establishments, any
legitimate labor organization in the The requisites for the conduct of a valid
establishment may declare a strike but only strike are therefore not applicable to
on the ground of ULP. lawful picketing.
WHEN PICKET BECOMES A STRIKE. - In
distinguishing between a picket and a strike, The Labor Code provides that when in the
Whereas strike/lockout is an exercise of opinion of the DOLE SECRETARY, the labor
freedom of association, picketing is an dispute causes or likely to cause a strike or
exercise of freedom of expression; lockout in an INDUSTRY INDISPENSIBE TO
The existence of ER-EE relationship is a THE NATIONAL INTEREST, he is
condition sine qua non for the conduct of empowered to do either of the two things:
strike/lockout, but the same is not required in 1. ASSUMPTION OF JURISDICTION
picketing; over the labor dispute and decide it
While strike/lockout is directed to the himself; or
employer, picketing is directed towards the
public to earn sympathy; and 2. CERTIFICATION OF THE LABOR
Strike/lockout cannot exist without picketing. DISPUTE TO THE NLRC for
compulsory arbitration, in which
case, it will be the NLRC which shall
Examples: hear and decide it.
Union contends that it “only engaged in
picketing,” and maintains that there was no Nature of Assumption Order or
stoppage of work; hence, they did not strike. Certification Order. – It is in the nature of a
The Supreme Court, however, ruled that it police power measure.
was a strike and not picketing or protest
activity that union staged because of the Effects of assumption or certification:
following circumstances: a. the intended or impending strike or
Union filed a Notice of Strike grounded on lockout is automatically enjoined,
company’s refusal to bargain collectively, b. If a work stoppage has already taken
union busting and mass termination. The place at the time of the assumption or
DOLE Secretary intervened, issued a certification, all striking or locked-out
Return-to-Work Order and certified the labor employees shall immediately return to
dispute to the NLRC for compulsory work and the employer shall immediately
arbitration. In the meantime, the strike resume operations and readmit all workers
continued with no settlement placing in under the same terms and conditions
jeopardy the supply of much needed power prevailing before the strike or lockout.
supply in the Luzon and Visayas. grids. c. All cases between the same parties
Finally, no strike vote was conducted; submitted for arbitration shall be decided
likewise, the cooling-off period was not by the DOLE Secretary or the NLRC.
observed and that the 7-day strike ban after
the submission of the strike vote was not EFFECT OF DEFIANCE OF ORDERS. -
complied with since there was no strike vote The defiance by the union, its officers and
taken.” members of the DOLE Secretary's
assumption of jurisdiction or certification
In fine, union’s bare contention that it did not order constitutes a valid ground for
hold a strike cannot trump the factual dismissal.
findings of the NLRC. In fact, and more
importantly, petitioner union failed to comply The following are the justifications for the
with the requirements set by law prior to defiant employees’ dismissal:
holding a strike. 1. A strike that is undertaken after the
issuance by the DOLE Secretary of an
assumption or certification order becomes a
prohibited activity and thus illegal.
Resultantly, the striking union officers and
members are deemed to have lost their
employment status for having knowingly
participated in an illegal strike.

2. From the moment a worker defies a

return-to-work order, he is deemed to have
abandoned his job.

3. By staging a strike after the assumption or

certification for compulsory arbitration, the
workers forfeit their right to be readmitted
to work.

Liabilities in Illegal Strike. – In case of

illegal strike the liabilities are as follows:

(1) Liability of officers of the unions. - The

mere finding or declaration of illegality of a
strike will result in the termination of all
union officers who knowingly participated
therein.

(2) Liability of ordinary workers. – For an

ordinary union member to suffer
termination, it must be shown that he has
committed illegal acts during the strike.
Liability determined on an individual basis.

(3) Liability of employer. – The employer is

liable to pay backwages, damages and
other affirmative reliefs, including criminal
prosecution in case of defiance of return-to-
work order.

(4) Waiver of illegality of strike. – The

employer may waive expressly or impliedly
the illegality of the strike. when before the
NLRC, it agreed to reinstate them and
comply fully with the return-to-work
order.