Question No. 1: Enumerate the Constitutional provisions in relation to Labor Relations.

Answer:

There are two bases of Constitutional provisions in relation to Labor Relations.

A. Constitutional Basis as to Private Employees:

The State affirms labor as a primary social economic force. It shall protect the rights of
workers and promote their welfare.

2. Article III(Bill of Rights), Section 8 states that;

The right of the people, including those employed in the public and private sectors, to form
unions, associations, or societies for purpose not contrary to law shall not be abridged.

3. Article XIII (Social Justice and Human Rights), Section 3 states that;

The State shall afford full protection to labor, local and overseas, organized and unorganized
and promote full employment and equality of employment opportunities for all.

It shall guarantee the rights of all workers to self – organization, collective bargaining and
negotiations, and peaceful concerted activities, including the right to strike in accordance
with law. They shall be entitled to security of tenure, humane conditions of work, and a
living wage. They shall also participate in policy and decision-making processes affecting
their rights and benefits as may be provided by law.

B. Constitutional Bases as to Government Employees:

1. Article IX – B (CSC), Section 2 (1) (5) states that;

The right to self – organization shall not be denied to government employees.

2. Article XI (Accountability of Public Officers) Section 1 states that;

Public office is a public trust. Public officers and employees must, at all times, be
accountable to the people, serve them with utmost responsibility, integrity, loyalty, and
efficiency; act with patriotism and justice, and lead modest lives.
Question No. 2: Define the following:

Answer:

A. Labor Organization:

Any union or association of employees that exists in whole or in part for the purpose of
collective bargaining or negotiating with employees concerning terms and conditions of
employment is referred to as labor organization.

B. Legitimate Labor Organization:

Article 212 (H) of the Book V Labor Relations defines Legitimate labor organization as any
labor organization duly registered with the Department of Labor and Employment, and
includes any branch or local thereof.

In addition, a local chapter becomes a legitimate labor organization only upon submission of
charter certificate within 30 days from its issuance by the labor federation or national union,
constitution and by-laws, statement on set of officers, and books of accounts which are
certified under oath by secretary or treasurer, and attended to by its president.

C. Bargaining Representative:

Article 212 (J) of the Book V Labor Relations defines bargaining representative as a
legitimate labor organization or any duly authorized officer or agent of such organization
whether or not employed by the employer.

D. Union:

Union refers to any labor organization in the private sector organized for collective
bargaining and for other legitimate purposes as defined under Section 1 (ccc), Rule 1 of
DEPARTMENT ORDER NO. 40-03.

*Question No. 3: From the foregoing definition, what then is the extent of the right to self-
organization, and what is the purpose/s of exercising such right?

Answer:

From the foregoing definition, the extent of the right to self – organization includes the following:

A. The right to form, join, or assist labor organization of their own choosing for the purposes
of collective bargaining as provided under Article 243 of the Book V of Labor Relations.
B. The right not to join any union.

Thus, the purpose of exercising such right

The essence of unionism is based on the idea of justice, progress, and betterment of self and
of society. They represent the universal ideal of human rights as well as the urge to strive to become
more complete individuals. Thus, unionism represents employees' collective interests by bargaining
with employers on issues such as salaries and working conditions.

*Question No. 5: Enumerate the requirements for Union Registration:

Union registration refers to the process of determining whether the application for registration of a
labor union organized for collective bargaining complies with the documentary requirements prescribed
under Rule 3 and 4 of DOLE Department Order No. 40—03 and the rules implementing Book V of the
Labor Code, as amended.

Thus, to register a union, the following are the requirements:

Any national labor organization or labor federation or local union may file an application for registration
with the Bureau or the Regional Office where the applicant’s principal office is located. The Bureau or
the Regional Office shall immediately process and approve or deny the application. In case of approval,
the Bureau or the Regional Office shall issue the registration certificate within thirty (30) calendar days
from receipt of the application, together with all the requirements for registration as hereinafter
provided (Rule II - Registration of Unions, Section2).

Further, Section 4 states that the application for registration of a local union shall be signed by at least
twenty percent (20%) of the employees in the appropriate bargaining unit which the applicant union
seeks to represent, and shall be accompanied by the following: (1) Fifty-peso registration fee; (2) 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; (3) The names of
all its members and the number of employees in the bargaining unit; (4) If the applicant union has been
in existence for one or more years, copies of its annual financial reports; (5) Four copies of its
constitution and by-laws, minutes of its adoption or ratification, and the list of the members who
participated in it. (6) A sworn statement by the applicant union that there is no certified bargaining
agent in the bargaining unit concerned.

In case where there is an existing collective bargaining agreement duly submitted to the Department of
Labor and Employment, a sworn statement that the application for registration is filed during the last
sixty (60) days of the agreement; and (7) The application for registration and all the accompanying
documents shall be verified under oath by the secretary or the treasurer, as the case may be, and
attested to by the president.
Question No. 6: Distinguish Independent Union from a Local Chapter

Answer:

"Independent Union" refers to a labor organization operating at the enterprise level that acquired legal
personality through independent registration under Article 234 of the Labor Code and Rule III, Section 2-
A of these Rules. On the other hand, "Local Union/Chapter" means any labor organization operating at
the enterprise level whose legal personality is derived through the issuance of a charter by a duly
registered federation or national union, subject to the reporting requirements prescribed in Rule VI,
Section 1 of these Rules.

With respect to registration process under Section 1, Rule III of the DOLE Department Oder No. 09, S.
1997, May 1, 1997, the application for registration of an independent union shall be filed with and be
acted upon by the Regional Office where the applicant's principal office is located while the charter
certificate issued by a federation or national union in creating a local/chapter, together with the
supporting documents evidencing the establishment of such local/chapter, shall be filed with the
Regional Office or the Bureau within thirty (30) days from the issuance of such charter certificate.

Question No. 7: Enumerate the persons/employees who cannot form, join or assist a labor
organization for purposes of collective bargaining: