HRM106 MIDTERM

• Labor Organization (LO)


  Any union or association of employees in the private sector which exists in whole or in part for the purpose of collective bargaining, mutual aid, interest, cooperation, protection, or other lawful purposes
• Legitimate Labor Organization (LLO)


  Any labor organization duly registered with the Department of Labor and Employment (DOLE) and includes any branch or local thereof
• Union


  Any labor organization in the private sector organized for collective bargaining and for other legitimate purposes
• Exclusive Bargaining Representative (EBR)


  A legitimate labor union duly recognized or certified as the sole and exclusive bargaining representative (SEBA) or agent of all the employees in a bargaining unit that will negotiate a collective contract with the employer
• An EBR has to be an LLO but not every LLO is EBR
• Workers' Association


  An association of workers organized for the mutual aid and protection of its members or for any legitimate purpose other than collective bargaining
• Legitimate Workers' Association


  An association of workers organized for mutual aid and protection of its members or for any legitimate purpose other than collective bargaining registered with the Department in accordance with Rule III, Sections 2-C and 2-D of these Rules
• Classifications of Labor Organizations - National Level (Macro-Labor Relations)


  • National Union/Federation
  • Industry Union
  • Trade Union Center
  • Alliance
• Classifications of Labor Organizations - Enterprise Level (Micro-Labor Relations)

  • Independent Union
  • Chartered Local
  • Company Union
• Registration of Federation, National Union or Industry or Trade Union Center or an Independent Union

  1. Duly accomplished and notarized Application Form

  2. Seventy pesos (P70.00) registration fee

  3. Minutes of Organizational Meeting and Attendance Sheet

  4. List of members comprising at least 20% of the employees of the bargaining unit (For Independent Union)

  5. Financial Report if in existence for at least one (1) year or If less than 1 year, and has not collected any amount, a certification to this effect

  6. Constitution and by-laws accompanied by the names and signatures of ratifying members

  7. Minutes of adoption or ratification of the constitution and by-laws, date/s when ratification was made and list of ratifying members

  8. Statement that it is not reported as a chartered local or any federation
• Additional Requirements for Registration of Federation or National Union

  1. 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

  2. The names and addresses of the companies where the locals or chapters operate and the list of all the members in each company involved
• Requirements for Registration of Local Chapters/Chartered Locals

  1. Duly accomplished and notarized Application Form

  2. Seventy pesos (P70.00) registration fee

  3. Charter certificate issued by the federation or national union indicating the creation or establishment of the local/chapter

  4. The names of the local/chapter's officers, their addresses and principal office of the local chapter

  5. The local/chapter's constitution and by-laws, provided that where the local/chapter's constitution and by-laws is the same as that of the federation or national union, this fact shall be indicated accordingly
• Action on Application for Registration


  The Bureau of Labor Relations shall act on all applications for registration within thirty (30) days from filing. All requisite documents and papers shall be certified under oath by the secretary or the treasurer of the organization, as the case may be, and attested to by its president.
• Denial of registration; Appeal


  The decision of the Labor Relations Division in the regional office denying registration may be appealed by the applicant union to the Bureau within ten (10) days from receipt of notice thereof.
• Cancellation of Registration


  The Certificate of Registration of any Legitimate Labor Organization (LLO), whether national or local, may be cancelled by the Bureau, after due hearing, only on the grounds of misrepresentation, false statement or fraud, or voluntary dissolution by the members.
• Voluntary Cancellation of Registration


  The registration of a legitimate labor organization may be cancelled by the organization itself if at least two-thirds of its general membership votes, in a meeting duly called for that purpose, to dissolve the organization.
• Equity of the Incumbent: All existing federations and national unions which meet the qualifications of a legitimate labor organization and none of the grounds for cancellation shall continue to maintain their existing affiliates regardless of the nature of the industry and the location of the affiliates.
• Merger


  The legal existence of the absorbed labor organization(s) ceases, while the legal existence of the absorbing labor organization subsists. All the rights, interests and obligations of the absorbed labor organizations are transferred to the absorbing organization.
• Consolidation


  The legal existence of the consolidating labor organizations shall cease, and a new labor organization is created. The newly created labor organization shall acquire all the rights, interests and obligations of the consolidating labor organizations.
• Validity Period of the Registration: Indefinite
• Where to register


  Applications for registration of independent labor unions, chartered locals, and worker's association shall be filed with the Regional Office where the applicant principally operates.
• Rights of Union Members in Labor Organization


  • Political right
  • Deliberative and decision-making right
  • Right to Information
  • Rights over money matters
• If the conditions of membership, or the right of the members, are violated, the violation may result in the cancellation of the union registration or the expulsion of the culpable officers. At least thirty percent (30%) of the members of a union or any member or members specially concerned may report such violation to the Bureau.
• Election of Union Officers

  1. Union Officers are elected directly by the members through secret ballot voting and it takes place every five years.

  2. Only members of the union can take part in the election of union officers.

  3. Member in good standing is any person who has fulfilled the requirements for membership in the union and who has neither voluntarily withdrawn from membership nor been expelled or suspended from membership after appropriate proceedings consistent with the lawful provisions of the union's constitution and by-laws.

  4. No person who is not an employee or worker of the company or establishment where an independently registered union, affiliate, local or chapter of a labor federation or national union operates shall henceforth be elected or appointed as an officer of such union, affiliate, local or chapter.

  5. No person who has been convicted of a crime involving moral turpitude shall be eligible for election as a union officer or for appointment to any position in the union.
• Check-Off


  A method of deducting from an employee's pay at prescribed period, the amounts due the union for fees, fines, or assessments
• Assessments


  Like dues, may also be checked off. Payments used for a special purpose, especially if required only for a limited time, are regarded as assessment.
• Dues


  Payments to meet the union's general and current obligations. The payment must be regular, periodic, and uniform.
• Special Assessment


  Three (3) requisites that must be complied with: (1) authorization by a written resolution of the majority of all the members at the general membership meeting duly called for the purpose; (2) secretary's record of the minutes of the meeting; and (3) individual written authorization for check-off duly signed by the employee concerned.
• Rights of Legitimate Labor Organization


  • To act as the representative of its members for the purpose of collective bargaining
  • To be certified as the exclusive representative of all the employees in an appropriate bargaining unit for purposes of collective bargaining
  • To be furnished by the employer, upon written request, with its annual audited financial statements
  • To own property, real or personal, for the use and benefit of the labor organization and its members
  • To sue and be sued in its registered name
  • To undertake all other activities designed to benefit the organization and its members, including cooperative, housing, welfare and other projects not contrary to law
• Notwithstanding any provision of a general or special law to the contrary, the income and the properties of legitimate labor organizations, including grants, endowments, gifts, donations, and contributions they may receive from fraternal and similar organizations, local or foreign, which are actually, directly and exclusively used for their lawful purposes, shall be free from taxes, duties and other assessments.
• Reportorial Requirements


  1. Its constitution and by-laws, or amendments thereto, the minutes of ratification, and the list of members who took part in the ratification of the constitution and by-laws within thirty (30) days from adoption or ratification

  2. Its list of officers, minutes of the election of officers, and list of voters within thirty (30) days from election

  3. Its annual financial report within thirty (30) days after the close of every fiscal year

  4. Its list of members at least once a year
• Income and the properties of legitimate labor organizations


  Grants, endowments, gifts, donations, and contributions they may receive from fraternal and similar organizations, local or foreign, which are actually, directly and exclusively used for their lawful purposes, shall be free from taxes, duties and other assessments
• The exemptions provided herein may be withdrawn only by a special law expressly repealing this provision
• Reportorial Requirements


  • Its constitution and by-laws, or amendments thereto, the minutes of ratification, and the list of members who took part in the ratification of the constitution and by-laws within thirty (30) days from adoption or ratification
  • Its list of officers, minutes of the election of officers, and list of voters within thirty (30) days from election
  • Its annual financial report within thirty (30) days after the close of every fiscal year
  • Its list of members at least once a year or whenever required by the Bureau
• Right to self-organization


  The right of workers and employees to form, join or assist unions, organizations or associations for purposes of collective bargaining and negotiation and for mutual aid and protection
• Rights under the right to self-organization


  • Choose which union he would join
  • Cancel his union membership anytime
  • Abstain from joining a union
• Persons allowed to exercise the Right to Self-Organization


  • All persons employed in commercial, industrial and agricultural enterprises and in religious, charitable, medical, or educational institutions, whether operating for profit or not
  • Ambulant, intermittent and itinerant workers, self-employed people, rural workers and those without any definite employers
• Cooperative


  Organization composed primarily of small producers and consumers who voluntarily join together to form business enterprises which they themselves own, control, and patronize
• Employee-Member of a cooperative


  Cannot form, join, or assist labor organizations for collective bargaining but can form an association for mutual aid and protection
• Employee of a cooperative (Not-Member)


  Can form, join, or assist labor organizations for collective bargaining