1. What are covered by right of self-organization?

Right to self – organization covers those embodied in the 1987

Constitution which provides that “The 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.” Specifically:

All persons employed 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 purposes of collective bargaining. 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. chanrobles virtual law library

Any employee, whether employed for a definite period or not, shall beginning on the first
day of his/her service, be eligible for membership in any labor organization. (Ibid.; See
also Article 277 [c], Labor Code; No. 10, Basic Amendments under R. A. 6715, prepared
by Members of the Senate-House Conference Committee of Congress). chanrobles
virtu

a. All persons employed in commercial, industrial and agricultural

enterprises and in religious, charitable, medical, or educational
institutions, whether operating for profit or not;
b. 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;
c. Supervisory employees (First – line managers);
d. Security Guards;
e. Employee pursuant to Art. 219[f] of the Labor Code, it shall include
any individual whose work has ceased as a result of or in connection
with any labor dispute or because of any unfair labor practice if he
has not obtained any other substantially equivalent and regular
employment;
f. The homeworkers;
g. Employees of a legitimate independent contractor or subcontractor;
h. Members of the Iglesia ni Kristo;
i. Alien Employees with valid working permits issued by the DOLE for
purposes of collective bargaining if they are nationals of a country
which grants the same or similar rights to Filipino Workers, as
certified by the DFA, or which has ratified ILO convention Nos. 87
and 98;
j. Working Children;
k. Confidential employees whose access to confidential labor relations
information is merely incidental in the performance of their
functions; or when such employees do not have access or are not
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 allowed to access to confidential labor relations information; (pgs
191 to 193, book 2)

l. With regard to employees of government corporations established

under the Corporation Code, they shall have the right to organize
and to bargain collectively with their respective employers.

m. All other employees in the civil service shall have the right to form
associations for purposes not contrary to law. (Page 28 – 29, Poquiz
book 1)

n. Negative freedom of association, that is, the right not to join a labor
union. (pg. 154, book2)

Other Source: Definition (Addendum)

Right to self – organization refers to 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. It also refers to the right to engage in peaceful concerted
activities or to participate in policy and decision-making processes
affecting their rights and benefits. (blr.dole.gov.ph)

2. Give some of the characteristics of the Right of self-

organization

a. Right to self – organization connotes (1) Liberty or freedom, that is,

the absence of restraint which guarantees that the employee may
act for himself without being prevented by law, and (2) the power,
by virtue of which an employee may, as he pleases, join or refrain
from joining an association;
b. Inherent right, that is, the right to choose whether to form a union
for purposes of collective bargaining and negotiation and for mutual
aid and protection;
c. Er-Ee relation is not mandatory in the formation of workers’
association; (pg. 189 to 190, book2)

d. It is a Constitutionally guaranteed right;

e. It encourages unionism and free collective bargaining within the
framework of arbitration, voluntary or mandatory;
f. It is not absolute or unlimited. (pgs. 17 and 28-29, Poquiz, Book 1)

3. What do you mean by the jurisdictional preconditions to set in

motion the mechanics of collective bargaining?

It means that the mechanics of collective bargaining is set in motion

only when the following jurisdictional preconditions are present,
namely:

a. Possession 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;
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 b. Proof of majority representation; and
c. A demand to bargain under Art. 261 par. (a) of the New Labor Code.

Note: The pre – conditions require that the legitimate labor

organization is the certified bargaining agent in the bargaining unit.
(pg. 249, book 2)

4. What is the effect if these conditions are present?

If these conditions are present, the collective bargaining process

should be pursued such that the employers are, by express provision of
the law, duty bound to collectively bargain with the union.

The Collective Bargaining Processes are as follows:

a. Preliminary process;
b. Negotiation;
c. Execution;
d. Publication;
e. Ratification;
f. Registration;
g. Administration; and
h. Interpretation and enforcement. (Pgs 246 and 249, book 2)

5. Distinguish Labor Organization from Legitimate Labor

organization.

As to Nature:

LABOR ORGANIZATION means any union or association of employees

which exists in whole or in part for the purpose of collective bargaining
or of dealing with the employers concerning terms and conditions of
employment; while LEGITIMATE LABOR ORGANIZATION means any
association or aggrupation of employees which exists in whole or in
part, duly registered with the Department of Labor and Employment,
and includes any branch or local thereof, for the purpose of collective
bargaining or of dealing with the employers concerning terms and
conditions of employment.

means any labor organization (pgs. 6 and 155, book2)

As to Registration with SEC and DOLE:

LABOR ORGANIZATION registered with SEC only has the effect of giving
it juridical personality before the regular courts of justice; while
registration with the BLR or the Regional Office of the DOLE is what
makes a union a LEGITIMATE LABOR ORGANIZATION.

As to Effect of Registration:

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 Registration with SEC only confers upon the LABOR ORGANIZATION
legal or juridical personality.

Registration with the DOLE confers upon THE LABOR ORGANIZATION,

BEING A LEGITIMATE LABOR ORGANIZATION, not only juridical
personality but as well as the exclusive rights and privileges granted to
it by law, to wit:

a. Right of representation;
b. Right to be certified as the exclusive bargaining agent in the
bargaining unit;
c. Right to acquire and dispose of property, real or personal, pursuant
to the purpose embodied in its constitution and by – laws;
d. Right to sue and be sued in its own registered name;
e. Right to engage in activities which would redound to the welfare
and benefit of the members of the union;
f. Right to be exempted from taxes; and
g. Right to be furnished a copy of the employer’s audited financial
statements. (pgs. 136 to 137, book2)

6. When does a labor organization acquire legal personality?

SUGGESTED ANSWER: d.) On the date the Certificate of Registration is actually issued. 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.
ANOTHER SUGGESTED ANSWER: (c) "On the date appearing on the Certificate of Registration."
When the law provides that a "labor organization xxx shall acquire legal personality xxx upon
issuance of the certificate of registration", the date appearing therein is legally presumed - under
the rule on presumption of regularity - to be its date of issuance. Actual issuance is a contentious
evidentiary issue that can hardly be resolved, not to mention that the law does not speak of
"actual" issuance.
7. What are the effects the acquisition of legal personality by a
Labor Organization?
Upon its registration with SEC, the labor organization acquires legal personality
as well as the rights and privileges granted to it by law which are the following:

A) Right of Representation – This applies to union members only. The right to be

certified as the exclusive bargaining agent of all employees in an appropriate
bargaining unit for purposes of collective bargaining which includes the authority to
represent them for the purpose of enforcing provisions of CBA.

B) Right to be certified as the exclusive bargaining agent in the bargaining unit –

This applies to all employees, members and non-members of the union. This refers
to the right to represent the entire employees in the bargaining unit. The labor union,
pursuant to the doctrine of union monopoly or exclusive right rule, being certified as
the exclusive bargaining agent gives the union the right to collectively bargain with
the management to the exclusion of other minority or competing unions.

C) Right to acquire and dispose of real or personal property pursuant to the

purpose embodied in its constitution and by-laws – This authority belongs to the
President with the approval of the Board of Directors. If the constitution and by-laws
are silent, the approval of the majority of the members in a general membership
meeting is necessary for acquisition and disposition of property. If the same,

4
 authorized the Board to appoint a person to exercise the right, a mere Board
Resolution will suffice.

D) Right to engage in activities which would redound top the welfare and benefit
of union members – It may engage in activities such as cooperatives, housing
projects, businesses and others.

E) Right to be exempted from taxes

F) Rights to be furnished a copy of employer’s audited financial statements

8. When may an employee join a Union?

An employee, whether employed for a definite period or not, shall, beginning on his first
day of service, be considered an employee for purposes of membership in a labor union.

9. What are the rights and conditions of union membership?

Article 241 of the Labor Code enumerates the rights and conditions of membership in a
union and they may be summarized as follows:

1. Political rights- the member’s right to vote and be voted for, subject to lawful
provisions on qualification and disqualifications.

2. Deliberate and decision-making rights- the member’s right to participate in

deliberations on major policy question and decide them by secret ballot.

3. Rights over money matters- the member’s rights against excessive fees; the right
against unauthorized disbursement; the right to require adequate record of income and
expenses and the right to access to financial records; the right to vote on officer’s
compensation; the right to vote on proposed special assessments and be deducted a
special assessment only with the member’s written authorization

4. Right to information- the member’s right to be informed about the organization’s

constitution agreement and about labor laws

10. Do Workers have the right not join a Labor Organization?

Yes. Workers have the right to join a Labor Organization. However there are workers
who are prohibited to join labor organizations such as:

1. High level or Managerial Government employees. (E.O. 180, Sec. 3)

2. Employees of International organizations with functional immunities

3. Managerial Employees – vested with the powers or prerogatives to lay down and
execute management policies and/or to hire, transfer, suspend, lay-off, recall, discharge,
assign or discipline employees. [LC, Art. 219 (m)]

4. Members of the AFP including the police officers, policemen, firemen, and jail guards
(E.O. 180, Sec. 4).

5. Confidential employees who have access to confidential labor relations information.

6. Employees of cooperatives who are its members. However, they may form workers’
association.

7. Non- employees

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 8. Government employees, including GOCC’s with original charters .Government
employees are governed by the Civil Service Commission.

9. Aliens without a valid working permit or aliens with working permits but are nationals
of a country which do not allow Filipinos to exercise their right of self-organization and to
join or assist labor organizations. [LC, Art. 284; D.O. No. 9, Rule II, Sec. 2 (1997)]

11. What is a check off?

Check-off is a system by which union dues and other assessments are deducted from the
employee's wage by the employer upon authorization from the worker or by mandate of the
law.

12. What is an agency fee?

Check-off is a system by which union dues and other assessments are deducted from the
employee's wage by the employer upon authorization from the worker or by mandate of the
law.

13. What is an appropriate collective bargaining unit?

An appropriate bargaining unit is defined as a group of employees of a

given employer for their collective bargaining purposes, have substantially
mutual bargaining interests in terms and conditions of employment that
can assure them of the exercise of their collective bargaining rights.
(Poquiz)
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. It indicate to be best
suited to serve the reciprocal rights and duties of the parties under 3
collective bargaining provisions of the law. (UST)

14. Who are excluded from the collective bargaining unit?

The following are excluded from the collective bargaining agreement :

(a) an employee of a cooperative who is a member and co-owner thereof
(b) confidential employees
(c) managerial employees

15. Explain the rationale why there are excluded from the
collective bargaining unit

(a) an employee of a cooperative who is a member and co-owner thereof -

an owner cannot bargain with himself or his co-owners
(b) confidential employees (such as division secretaries, staff of general
management, staff of personnel department, secretaries of audit, (ESP),
EDP, financial systems)
- by the nature of their functions, they assist and act in a confidential
capacity to, or have access to confidential matters, of persons who
exercise managerial functions in the field of labor relations, and the union
might not be assured of their loyalty in view of evident conflict of interests

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 (c) managerial employees - the union might not be assured of their loyalty
to the union in view of evident conflict of interest.

16. What are the ways to determine the Sole and Exclusive
Bargaining Agent (SEBA)?

The following are the ways to determine the Sole and Exclusive Bargaining
Agent:
(a) Request for certification as sole and exclusive bargaining agent (SEBA);
(b) Consent election;
(c) Certification election;
(d) Run-off election; and
(e) Re-run election

17. What is an Organized establishment?

Organized Establishment refers to a firm or company where there is a
recognized or certified exclusive bargaining agent. (OMNIBUS RULES
IMPLEMENTING THE LABOR CODE , Sec. 1, (bb))

18. What is an unorganized establishment?

An unorganized establishment is defined as a company or firm where there
is no recognized or certified collective bargaining agent in the company
premises. Despite the existence of some unions in a firm or company, it is
still treated as unorganized establishment if no one among the unions is
certified as the sole and exlusive bargaining agent of the employees in the
bargaining unit. (Poquiz, Vol2. Page 318-319)

19. What are the rights of a SEBA?

20. What is a Certification election?
Certification election is the process of determining through secret ballot,
the sole and exclusive bargaining agent of the employees in an appropriate
bargaining unit, for the purpose of collective bargaining. It is the most
effective and expeditious way to determine which labor organization can
truly represent the work force in the appropriate bargaining unit of the
company. It is the best forum in determining the will of the employees.
(Poquiz, Vol2. Page 295-296)

25. What are the grounds to deny certification election?

Answer:

21. What are the kinds of Certification election?

22. Explain each kind of Certification election?

23. What is a run- off election?

refers to an election between the labor unions receiving the two (2)
highest number of votes when a certification election which provides for
three (3) or more choices results in no choice receiving a majority of the
valid votes cast; provided, that the total number of votes for all

7
 contending unions is at least fifty percent (50%) of the number of votes
cast.

24. Can a No union vote win in a certification election?

Answer:
YES. Sec. 20, Rule 9, Book V provides that where the votes cast results in
"no union" obtaining the majority, the med arbiter shall declare such fact
in the order. Hence, the employees may choose not to be represented by
anyone (Reyes-Trajano v. Trajano, G.R. No 84433, June 2, 1992).

25. What are the grounds to deny a petition for certification

election?

1. The petitioning union or federation is not listed in the DOLE’s registry of legitimate labor unions or
that its registration certificate legal personality has been revoked or cancelled with finality
2. Failure of a local chapter or national union/federation to submit a duly issued charter certificate upon
filing of the petition
3. The petition was filed before or after the FREEDOM PERIOD of a duly registered CBA; provided that
the 60-day period based on the original CBA shall not be affected by any amendment, extension or
renewal of the CBA; (contract bar rule)
4. The petition was filed within 1 year from entry of voluntary recognition or within the same period
from a valid certification, consent or run-off election and no appeal on the results of the certification,
consent or run-off election is pending; (12-month bar; certification year bar rule)
5. A duly certified union has commenced and sustained negotiations with the Er in accordance with Art.
250 of the LC within the 1-year period. (negotiation bar rule)
6. There exists a bargaining deadlock which had been submitted to conciliation or arbitration or had
become the subject of a valid notice of strike or lockout to which an incumbent or certified bargaining
agent is a party. (deadlock bar rule)
7. In case of an organized establishment, failure to submit the 25% support req’t for the filing of the PCE.
8. Non-appearance of the petitioner for 2 consecutive scheduled conferences before the med-arbiter
despite due notice, and
9. Absence of Er-Ee relationship between all the members of the petitioning union and the owner of the
establishment where the proposed bargaining unit is sought to be represented. (Sec.14[a], Rule VIII,
Book V, IRR, as amended by D.O. 40-F-03)

The following are the grounds for denying certification election: (Azucena)
1. non-appearance of the petitioner for 2 consecutive scheduled conferences
before the mediator-arbiter despite notice (Non-Appearance);
2. the petitioning union/national union or federation is not listed/registered in the
Department's registry of labor unions or that its registration has been cancelled
with finality(Unregistered union);
3. failure of a local/chapter or national union/federation to submit a duly issued
charter certificated upon filing of the petition for certification election (no
charter);
4. absence of employer-employee relationship between all the members of the
petitioning union and the establishment where the proposed bargaining unit is
sought to be represented (absence of employer-employee relationship);
5. filing of a petition within one year from the date of recording of the voluntary
recognition (the 12 month bar);
6. there exist a bargaining deadlock which has been submitted to conciliation or
arbitration or has become the subjects of a valid notice of strike or lockout
where an incumbent or certified bargaining agent is a party;

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7. filing the petition before or after the freedom period of a duly registered
collective bargaining agreement, provided that the 60-day period based on the
original CBA shall not be affected by any amendment, extension or renewal of the
CBA (existing CBA);
8. in an organized establishment, the failure to submit the 25% signature
requirement to support the filing of the petition for certication election(lack of
support)

26.
27. Distinguish Certification election from Collective
Bargaining?

Certification election is the process of determining through

secret ballot, the sole and exclusive bargaining agent (SEBA) of
the employees in an appropriate bargaining unit, for purposes
of collective bargaining. It is the most effective and expeditious
way to determine which labor organization can truly represent
the work force in the appropriate bargaining unit of the
company. It is the best forum in determining the will of the
employees. (Poquiz BII, Art. 268, page 295-296)
Note: The purpose of a certification election is the ascertainment of wishes of the majority
of the employees in the appropriate bargaining unit: to be or not to be represented by a
labor organization, and in the affirmative case, by which particular labor organization.

The rationale for the conduct of certification elections is to provide democratic space to
everyone in the bargaining unit, and to ensure that the union has the support of the
majority.

On the other hand, Collective bargaining is the performance of a

mutual obligation to meet and confer promptly and expeditiously
and 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 agreement if requested
by either party but such duty does not compel any party to agree
to a proposal or to make any concession . (Poquiz BII, Art. 261, page 241.)
Note: Thus, a collective bargaining agreement refers to a contract executed upon
request of either the employer or the exclusive bargaining representative incorporating
the agreement reached after negotiations with respect to wages, hours of work and all
other terms and conditions of employment, including mandatory provisions for
grievance and arbitration machineries.

28. Who may vote in a Certification election?

All employees in the appropriate bargaining unit.

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 29. What is the so-called double majority rule,

Under the so-called “double majority rule” for there to be a

valid certification election, the majority of the employees in the
bargaining unit must have voted and the winning union must
have garnered majority of the valid votes cast (NUWHRAI-
Manila Pavilion Hotel Chapter v. SOLE, 594 SCRA 767)
Note: First majority rule: At least a majority of all eligible voters in the bargaining unit must
have cast their votes;

Second majority rule: The union receiving the majority of the valid votes shall be certified as
the exclusive bargaining agent.

The majority rule determines the validity of the election, which is based on the number of valid
votes cast in relation to the total number of eligible voters. If the number of votes cast is (50% +
1) of the total number of eligible voters, the election is valid and therefore it bars another
certification election.

30. What is the effect if no Union obtained double majority of

the valid votes cast in a CE?

When an election which provides for three (3) or more choices

result in no choice receiving a majority of the valid votes cast,
under the automatic second election rule, a run-off election
shall be conducted between the labor unions receiving the two
(2) highest number of votes: Provided, that the total number of
votes for all contending unions is at least fifty percent (50%) of
the number of votes cast.

Note: If no objections or challenges have been presented which, if sustained, can

materially change the results, the election officer shall motu propio conduct a run-off
election within ten (10) calendar days from the close of the election proceedings.

“No-union” shall not be a choice in a run-off election because it is only conducted between
the labor unions receiving the two (2) highest number of votes.

31. What is ONE COMPANY-ONE UNION POLICY?

The suggested bias of the Labor Code in favor of the one company-one
union policy, anchored on the greater mutual benefits which the parties
could derive, especially in the case of employees whose bargaining
strength could undeniably be enhanced by their unity and solidarity but
diminished by their disunity, division and dissension, is not without
exceptions. The present Article 245 of the Labor Code expressly allows
supervisory employees who are not performing managerial functions to

10
 join, assist or form their separate union but bars them from membership
in a labor organization of the rank-and-file employees. Even Section 2(c),
Rule V, Book V of the Implementing Rules and Regulations of the Labor
Code, which seeks to implement the policy, also recognizes exceptions.
The usual exception, of course, is where the employer unit has to give
way to the other units like the craft unit, plant unit, or a subdivision
thereof, the recognition of these exceptions takes into account the policy
to assure employees of the fullest freedom in exercising their rights.
Otherwise stated, the one company-one union policy must yield to the
right of the employees to form unions or associations for purposes not
contrary to law, to self-organization and to enter into collective bargaining
negotiations, among others, which the Constitution guarantees.
(Knitjoy Manufacturing, Inc. vs. Ferrer-Calleja)

32. Is ONE COMPANY-ONE UNION POLICY absolute?

No. One company-one union policy is not absolute. Even Section 2(c), Rule
V, Book V of the Implementing Rules and Regulations of the Labor Code,
which seeks to implement the policy, also recognizes exceptions. The
usual exception, of course, is where the employer unit has to give way to
the other units like the craft unit, plant unit, or a subdivision thereof, the
recognition of these exceptions takes into account the policy to assure
employees of the fullest freedom in exercising their rights. Otherwise
stated, the one company-one union policy must yield to the right of the
employees to form unions or associations for purposes not contrary to law,
to self-organization and to enter into collective bargaining negotiations,
among others, which the Constitution guarantees.
(Knitjoy Manufacturing, Inc. vs. Ferrer-Calleja)

33. Can there be more than one Union in a company?

Yes. There can be more than one union in a company. In ART. 245.
Ineligibility of managerial employees to join any labor organization; right of
supervisory employees. -- Managerial employees are not eligible to join,
assist or form any labor organization. Supervisory employees shall not be
eligible for membership in a labor organization of the rank-and-file
employees but may join, assist or form separate labor organizations of
their own. This provision obviously allows more than one union in a
company. The usual exception, of course, is where the employer unit has to
give way to the other units like the craft unit, plant unit, or a subdivision
thereof; the recognition of these exceptions takes into account the policy
to assure employees of the fullest freedom in exercising their rights.
(PASCUAL. C., Labor Relations Law, 1986, ed., 109) Otherwise stated, the
one company-one union policy must yield to the right of the employees to
form unions or associations for purposes not contrary to law, to self-
organization and to enter into collective bargaining negotiations, among
others, which the Constitution guarantees.(Section 8, Article III and
Section 3, Article XIII, 1987 Constitution).

34. What is the effect on the legitimacy of a labor

organization in case of mingling of supervisory and rank-and-
file employees in one and the same labor organization?
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 In Tagaytay Highlands Int’l. Golf Club, Inc. vs. Tagaytay Highlands
Employees Union-PTGWO, the core issue was whether mingling affects the
legitimacy of a labor organization and its right to file a petition for
certification election. This time, given the altered legal milieu, the Court
abandoned the view in Toyota and Dunlop and reverted to its
pronouncement in Lopez that while there is a prohibition against the
mingling of supervisory and rank-and-file employees in one labor
organization, the Labor Code does not provide for the effects thereof. Thus,
the inclusion of supervisory employees in a labor organization seeking to
represent the bargaining unit of rank-and-file employees does not divest it
of its status as a legitimate labor organization (Samahang Manggagawa sa
Charter Chemical Solidarity of Unions in the Philippines for Empowerment
and Reforms [SMCC-Super] vs. Charter Chemical and Coating Corporation,
G.R. No. 169717, 16 March 2011).

35. What is a Union Security Clause and its kinds?

Answer: (Page 226-228, Poquiz)

A “union security clause” is a stipulation in the CBA whereby the management
recognizes that the membership of employees in the union which negotiated
said agreement should be maintained and continued as a condition for
employment or retention of employment. The obvious purpose is to safeguard
and ensure the continued existence of the union.
The common forms of union security are:
(1) Closed shop agreement;
(2) Maintenance of membership agreement;
(3) Union shop agreement;
(4) Modified union shop agreement;
(5) Exclusive bargaining agreement;
(6) Bargaining for members only agreement;
(7) Agency shop agreement;
(8) Preferential hiring agreement.
36. What are the kinds of Union Security Clause?

Answer: (Page 226-228, Poquiz)

Union Security Clause in the CBA
Article 259 provides that “Nothing in this Code or in any other law shall
prevent the parties from requiring membership in a recognized collective
bargaining agent as a condition for employment, except those employees
who are already members of another union at the time of the signing of
the collective bargaining agreement.” This article simply refers to union
security clause in the CBA.
The common forms of union security are:
a) Closed-shop agreement has been considered as one form of union
secuirty whereby only union members can be hired and workers must
remain union members as a condition of continued employment. The
requirement for employees and workers to become members of a union as
a condition for employment redounds to the benefit and advantage of said
employees because by holding out to loyal members a promise of
employment in the closed-shop the union wields group solidarity. In fact,
it is said that “the closed-shop contract is the most prized achievement of

12
 unionism” (BPI vs. BPI Employees Union Davao Chapter, G.R. No. 164301,
10 August 2010).
b) Union Shop. Workers under this agreement are not required to be union
members when hired; but to maitain continued employment, they must
continue to pay union dues and must become union members also after
sometime (ibid.). Simply stated, this clause requires that new employees
must join the collective bargaining agent in the bargaining unit.
c) Maintenance of membership. Under this clause, employees who are
union members as of the effective date of the agreement, or who
thereafter become members, must maintain union membership as a
condition for continued employment until they are promoted or
transferred out of the bargaining unit or the agreement is terminated
(Ibid.).
d) Agency Shop. Employees who do not join the union must pay agency
fees as a condition of employment to help defray the union expenses as a
bargaining agent for the group or all employees. This is otherwise known
as the anti-free rider or anti-hitchhiker clause in the CBA (Art. 259, infra).
e) Preferential hiring agreement. An agreement between the employer and
the union whereby the former is obliged to give preference to the
members of the latter who are qualified is preferential hiring agreement.
However, absent such qualified union members will give the employer the
right to choose those from outside of the contracting union.
f) Hiring agreement. An agreement whereby the epmloyer is obliged to
hire only those union members without further agreement of requiring
union members to maintain their membership as a condition sine qua non
for employment.
g) Modified union shop. It is a contract which requires all new employees
to become union members for sometimes after employment but does not
require the present employees to join the union. Those who have become
union members shall maintain their membership as a condition of
continues employment. It must be noted that under existing
jurisprudence, modified union shop cannot bind the minority union and the
so-called “conscientious objectors” (Gonzales vs. Central Azucarera de
Tarlac Labor Union, G.R. No. L-38178, 3 October 1985).
h) Closed-shop with a closed union. It is a form of closed-shop where
union membership is limited and entry of new members is unlimited.
i) Closed-shop with an open union. It is a form of closed-shop where union
membership is open and entry of new members is unlimited.
j) Percentage union shop. It is a contract between the union and the
employer whereby the latter agrees that a certain percentage of his
employees shall become union members in good standing.
k) Union recognition clause or exclusive bargaining rights. Under this
category, the employer recognizes the majority union as the exclusive
bargaining agent in the premises for all employees – members and non-
union members, in the appropriate bargaining unit. This is also known as
the exclusive rights rule or doctrine of union monopoly.
l) Check-off agreement. The check-off provision strengthens any form of
union security. It allows the employer to withhold/deduct union dues from
a member’s pay and transmit the money directly to the union for its
continuous existence.

37.

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38. A Union Security clause was designed to guarantee the
continued existence of the union through enforced
membership for the benefit of the workers. What are the
exceptions of the enforced membership under the Union
Security clause?
The exceptions of the enforced membership under the Union Security
Clause are those employees who are already members of another union at
the time of the signing of the collective bargaining agreement. (Art. 259e)

39. What is the effect of USC on the freedom or the right not
to join or exercise the right of self-organization?
Union security clause is a valid restriction of the freedom or right not to
join any labor organization because it is in favor of unionism. A union
security clause in a CBA is not a restriction of the right of freedom of
association guaranteed by the Constitution. (BPI vs BPI Employees Union,
G.R. No. 164301, August 10, 2010)

40. The rule is when there is USC, the right not join a union
cannot be invoked, what is the exception?

When there is USC, the right not to join a union cannot be invoked except
by those persons whose religion forbids membership to join labor union
(e.g. Iglesia ni Cristo). They could not be compelled to join.
Art. 255. Managerial employees are not eligible to join, assist or form any
labor organization. Supervisory employees shall not be eligible for
membership in a labor organization of rank-and-file employees.

41. What it the rationale behind why the legal personality of

a labor Union cannot be attacked collaterally by the employer
during the certification election proceedings?

The legal personality of a labor Union cannot be attacked collaterally by

the employer during the certification election proceedings because the
employer is not considered a party thereto with the concomitant right to
oppose a petition for certification election. Employer is merely a
bystander. (Art. 271)

Use notebook and submit this on September 29, 2018

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