Who May Unionize For Purposes of Collective Bargaining

3. Who may unionize for purposes of collective bargaining? Enumerate.
(5 pts)
ANSWER:
a) all employees employed in commercial, industrial and agricultural enterprises and
in religious, charitable, medical or educational institutions whether operating for
profit or not;
b) government employees in the civil service;
c) supervisory personnel;
d) security personnel; and,
e) aliens with valid working permit provided there are nationals of a country which
grants the same or similar rights to Filipino workers as certified by the Department of
Foreign Affairs (DFA).
7. Are government-owned and controlled corporations (GOCCs) employees

entitled to form unions? How may employees in government service improve
their terms and conditions of employment? Explain (10 pts)
ANSWER:
Yes. The right of workers to self-organization, collective bargaining, and

negotiations is guaranteed by the Constitution under Article XIII, Section 3 of the Bill of
Rights likewise states, "[t]he right of the people, including those employed in the public
and private sectors, to form unions, associations, or societies for purposes not contrary to
law shall not be abridged." While the right to self-organization is absolute, the right of
government employees to collective bargaining and negotiation is subject to limitations.
Executive Order No. 203 unequivocally stated that while it recognized the right of
workers to organize, bargain, and negotiate with their employers, "the Governing Boards
of all covered [government-owned or controlled corporations], whether Chartered or
Non-chartered, may not negotiate with their officers and employees the economic terms
of their [collective bargaining agreements]."1 Instead of a collective bargaining agreement
or negotiation, government employees must course their petitions for a change in the
terms and conditions of their employment through the Congress for the issuance of new
laws, rules, or regulations to that effect:
8. What are the negotiable terms and conditions in GOCCs with original charter?
Enumerate. (5 pts)
ANSWER:
1. Those which requires appropriation of funds.
A. Increase in salary emoluments and other allowance not provided for by
law.
B. Facilities requiring capital outlay.
C. Car plan.
D. Provident fund.
E. Special hospitalization, medical and dental services.
F. Rice and other subsidies.
G. Travel allowances.
H. Increase in retirement services.
9. What are not negotiable terms and conditions in GOCCs with original charter?
Enumerate. (5 pts)
2. Those that require the exercise of the management prerogatives.

a. Appointment
b. Promotion
c. Assignments
d. Study grants
e. Reclassification or upgrading of position
f. Penalties imposed as disciplinary action
g. External communication linkages
h. Distribution of workloads
23. When is certification election mandatory on the part Bureau of Labor Relations?
(5 pts)
ANSWER:
Certification election in unorganized establishments shall “automatically” be

conducted upon the filing of a petition for certification election by an independent union
or a federation in behalf of the chartered local or the local/chapter itself.
25. What requirement/s may be disposed of when the petition is filed by a national
union or federation? Is consent needed? (5 pts) page 245,250
ANSWER:
Art. 240. Requirements of registration. Any applicant labor organization, association or

group of unions or workers shall acquire legal personality and shall be entitled to the
rights and privileges granted by law to legitimate labor organizations upon issuance of the
certificate of registration based on the following requirements. a. Fifty pesos (P50.00)
registration fee; b. The names of its officers, their addresses, the principal address of the
labor organization, the minutes of the organizational meetings and the list of the workers
who participated in such meetings and d. Four (4) copies of the constitution and by-laws
of the applicant union, minutes of its adoption or ratification, and the list of the members
who participated in it.
Art. 244. Additional requirements for federations or national unions. If the applicant for
registration is a federation or a national union, it shall, in addition to the requirements of
the preceding Articles, submit the following:
a. Proof of the affiliation of at least ten (10) locals or chapters, each of which must be a
duly recognized collective bargaining agent in the establishment or industry in which it
operates, supporting the registration of such applicant federation or national union; and
b. The names and addresses of the companies where the locals or chapters operate and
the list of all the members in each company involved.
26. When must a petition for certification election be filed? Discuss briefly. (5pts)
ANSWER:
CA may take place in either an organized company or an unorganized company.

In an ununionized company, a CE, after DOLE’s approval of a petition for CE, may be
held anytime, except within 12 months of a previous CE. An organized company,
where there is already a bargaining union, CE cannot be held anytime. A petition to
hold a CE can be filed only within the so-called “freedom period” which is the last 60
days of the fifth year of the CBA. (PAGE 308-309)
(The DOLE Regional Office through the election officer conducts the certification
election. A PCE is filed at the Regional Office which issued the certificate of petitioning
union’s certificate of registration/certificate of creation of chartered local. The
petition will be raffled to the Med-Arbiter for preliminary conference to determine,
among others, the bargaining unit to be represented, the contending unions, and the
possibility of consent election. Upon approval of the conduct of certification election
by the Mediator-Arbiter, the PCE will be endorsed to an election officer for the
conduct of pre-election conference wherein the date, time and place of election will
be identified, the list of challenged and eligible voters will be made, as well as the
number and location of polling places. The SEBA is determined when the union that
garners majority of the valid votes cast in a valid certification election shall be
certified as the SEBA.)
34. Discuss the rules on protest. (5 pts)
ANSWER:
Protest should have been first recorded in the minutes of the election proceedings. (to
be continued….) :D
35. When does run-off election take place? Discuss briefly. (5 pts) Page 313.
ANSWER:
A run-off election takes place when no one of the union gets the majority of the valid
votes, thus none of them wins. There may be run-off election if the combined votes for the
contending unions total at least 50% of the vote cast. If this is so, the unions that received
the two highest votes will face a rematch in the run-off. The “No Union” choice is excluded in
the run-off. The requisites are as follows: (page 313)
39. What is the effect of a no-union winning the election? Discuss briefly. (5 pts)
Answer:
If not one of the unions wins in the run-off, then the company remains ununionized for
at least 12 months until an interested union again files a petition to hold a certification election
and gets needed vote. Union politics is spaced by the 12-month bar.

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3. Who may unionize for purposes of collective bargaining? Enumerate.

7. Are government-owned and controlled corporations (GOCCs) employees

Yes. The right of workers to self-organization, collective bargaining, and

2. Those that require the exercise of the management prerogatives.

Certification election in unorganized establishments shall “automatically” be

Art. 240. Requirements of registration. Any applicant labor organization, association or

CA may take place in either an organized company or an unorganized company.

34. Discuss the rules on protest. (5 pts)

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