annexes part 2.printable.pdf

8/10/2019 Annexes part 2.printable.pdf

1/11

ANNEX C: Procedure for Registration of Labor Organization

Where to fil e

Regional Office Bureau

labor union

(Action within 10 days from receipt of application)

Regional Office in case ofapplications for registration ofindependent unions.

Applications for registration offederations, national unions orworkers association operating inmore that one region shall be filedwith the Bureau or Regional Officesbut shall be processed by theBureau.

A duly-registered federation ornational union may directly create achartered local by submitting the

required documents (See Annex A)to the Regional Office. (DO 40-B-03)

Approval- Issuance of certificate ofregistration

Denial

Ground: Failure to comply withrequirements

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APPEAL BY MEMO OF APPEALWITHIN

10 DAYS FROM RECEIPT OF NOTICE

GROUNDS:1. Grave abuse of discretion;2. Violation of rules as amended

If the documents submitted areincomplete or do not contain the requiredcertification and attestation, TheRegional Office should notify theapplicant in writing within 5 days fromreceipt of application.

The applicant must be given 30 daysfrom notice to complete the requirements

If applicant fails to complete therequirements within 30 days, theapplication shall be denied.

DENIAL BY:

Regional Office(transmit recordswithin 24 hours fromreceipt of Memo of

Appeal)

Bureau(transmit recordswithin 24 hours fromreceipt of Memo of

A eal

Secretary of DOLE(decision within 20days from receipt ofrecords)

Bureau(decision within 20days from receipt ofrecords)

Supreme Court

Rule 65

Supreme CourtRule 65


2/11

ANNEX D: Procedure for Cancellation of Regist ration of Labor Organizations



File independent complaintor petition for cancellation

based on the grounds

Regional Director in case ofindependent labor union,

chartered local andworkers' association

Any party-in-interest may commencea petition for cancellation

Members of labororganization for actionsinvolving violations of Art.241

Bureau Director in case offederations, national or

industry unions and tradeunion centers

Notice and Due Process

Resolved by RegionalDirector like the procedure

of Inter/Intra-Union Disputes(Rule XI)

e. Acting as a labor contractor orengaging in the "cabo" system, orotherwise engaging in any activityprohibited by law;

f. Entering into collective bargainingagreements which provide for termsand conditions of employmentbelow minimum standardsestablished by law;

g. Commission of any of the actsenumerated under Article 241 of theLabor Code; provided that nopetition for cancellation based onthis ground may be granted unlesssupported by at least thirty (30%)percent of all the members of therespondent labor organization;

h. Asking for or accepting attorney'sfees or negotiation fees from theemployer;

i. Other than for mandatory activitiesunder the Labor Code, checking offspecial assessments or any otherfees without duly signed individualwritten authorizations of themembers;

j. Failure to submit list of individualmembers to the Bureau once a yearor whenever required by theBureau;

k. Failure to comply with therequirements of registrationprescribed under Rules III and IV

GROUNDS:a. Misrepresentation, false statement

or fraud in connection with theadoption or ratification of the

constitution and by-laws oramendments thereto, the minutes ofratification, the list of members whotook part in the ratification of theconstitution and by-laws oramendments thereto, the minutes ofratification, the list of members whotook part in the ratification;

b. Failure to submit the documentsmentioned in the precedingparagraph within thirty (30) daysfrom adoption or ratification of theconstitution and by-laws oramendments thereto;

c. Misrepresentation, false statementsor fraud in connection with the

election of officers, minutes of theelection of officers, the list of voters,failure to submit these documentstogether with the list of the newlyelected or appointed officers andtheir postal address within thirty (30)days from election;

d. Failure to submit the annualfinancial report to the Bureau withinthirty (30) days after the close ofevery fiscal year andmisrepresentation, false entries orfraud in the preparation of thefinancial report;


3/11

ANNEX E: Cancellation of Registrat ion of Labor Organizat ions due to Non-Compliance with theReportorial Requirements



Labor Relations Division of theRegional Office or the Bureau

a) on its own initiative

b) upon complaint filed byany party-in-interest

Make a report of the labororganizations non-compliance

Submit to the Bureau forverification of records

Bureau shall send a notice for complianceby registered mail with return card to the

labor organization concerned

Comply with the reportorialrequirements and submit proof

thereof to the Bureau

No response from labororganization

Within 10days from

receipt 30 days from release of notice

No response within 30 days from release of 2nd

notice

Bureau shall cause publicationof the notice of cancellation in

2 newspapers of generalcirculation

Bureau may conduct investigation:1) employers premises; and2) labor organizations last

known address

Bureau has verified the dissolution ofthe labor organization

No response w/in 30 days fromdate of publication

Bureau shall:1) order cancellation of registration

2) cause its de-listing from the roster oflegitimate labor organizations

Conditions for administrativecancellation:

(a) Non-compliance is for a continuousperiod of five (5) years;(b) The procedures laid down in thisRule were complied with; and(c) The labor organization concernedhas not responded to any of thenotices sent by the Bureau, or itsnotices were returned unclaimed.


4/11

ANNEX F: Elections under Rule 12 Of The Implementing Rules

Within 60 days before thePresident of the labororganization shall constitute a

committee on election

expiration of the term of the incumbent

Committee shall exercise its powers 10 daysfrom its constitution

1) set the date, time and venue of theelection;

2) prescribe the rules on the qualification

and eligibility of candidates and voters;3) prepare and post the voters list and thelist of qualified candidates;

4) accredit the authorized representatives ofthe contending parties;

5) supervise the actual conduct of theelection and canvass the votes to ensurethe sanctity of the ballot;

6) keep minutes of the proceedings;7) be the final arbiter of all election protests;8) proclaim the winners; and9) prescribe such other rules as may

facilitate the orderly conduct of election.

Committee composed ofat least three (3)members who are notrunning for any position inthe election.if there are identifiableparties within the labororganization, each party

shall have equalrepresentation in thecommittee

at least 30% of the members of the labororganization may file a petition for conduct ofelection of union officers with the Regional Officeif 1. Terms of officers have expired and officerfailed to call for election of new officers, or 2.Labor organizations constitution and by-laws donot provide for the manner by which election canbe called or conducted.Petition to be heard by Bureau in case of

federations, national or industry unions, tradeunion centers.

Formal requirements, processesand periods of disposition of thisdisposition is the same as thosestated in Rule XI of DO 40-03Inter/Intra Union Dispute.Appointment of an election officerand procedures and periods inconduct of pre-election conferenceand election proceedings under

Rule IX Conduct of CertificationElection will also apply here.

Committee shall elect itsChairman




5/11

ANNEX G: Bargaining Procedure under the Labor Code (Ar t. 250)



Reply not later than 10 days from receipt

Serve written notice withstatement of proposals upon

the other party.

If differences arise on the basis ofnotice and reply

If the dispute is not settled.

Reply of other party

Conference

Board shall intervene, callparties to conciliation

meetings

Board shall have the power toissue subpoenas to require

attendance to such meetings. Board shall exert all efforts tosettle disputes amicably,encourage parties to submit caseto voluntary arbitrator.

Parties are prohibited from doingany act which may disrupt orimpede the early settlement of thedisputes.

The recognized or certified labor unionand its employer may adopt such

procedures and processes they maydeem appropriate and necessary forthe early termination of theirnegotiations.

They shall name their respectiverepresentatives to the negotiation,schedule the number and frequency ofmeetings, and agree on wages,benefits and other terms andconditions of work for all employeescovered in the bargaining unit.


6/11

ANNEX H: PETITION FOR CERTIFICATION ELECTION

Raffle dispensed withIf there is only 1 Med-arbiter

Must be within 10 days from

Receipt of petition

may conduct suchnumber of hearings,

within 10 days but hearings should

from last hearing not exceed 15 daysfrompreliminary hearing.

If there is no appealWithin 10 days from

Must be within 10 days from Receipt of decision,Date of entry of agreement Med-arbiter shall enter

The finality of the decisionIn the records of the case



File petition forcertification election

Raffle

Service of notice ofpreliminary conference

Preliminary Conference

Parties agree to aconsent election

Parties fail toagree on consent

election

Forward records ofpetition to RegionalDirector/ authorized

representative

First pre-electionconference

Hearings

Decision

Who may file?

any legitimate labororganization

employer, whenrequested to bargaincollectvely

Where to file?

with the Regional Officewhich issued thecertificate ofregistration/certificate ofcreation

When to file?

anytime, except:a. When voluntary

recognition has beenentered, or a validcertification, consentor run-off election hasbeen conductedwithin 1 year prior tothe filing.

b. negotiations in goodfaith with theemployer

c. bargaining deadlockhad been submittedto conciliation orarbitration or hadbecome the subjectof a valid notice ofstrike or lockout.

d. Registered CBA may file only within60 days prior to theexpiration of the CBA.

Grounds for Denying Petition

a. the petitioner is not listed in the Departments registry of legitimate labor unionsor that its legal personality has been revoked or cancelled with finality.

b. the petition was filed before or after the freedom period of a duly registeredcollective bargaining agreement; provided that the sixty-day period based onthe original collective bargaining agreement shall not be affected by anyamendment, extension or renewal of the collective bargaining agreement;

c. the petition was filed within one (1) year from entry of voluntary recognition or avalid certification, consent or run-off election and no appeal is pending;

d. a duly certified union has commenced and sustained negotiations with theemployer within the one-year period referred to in Section 14.c of this Rule, orthe bargaining deadlock existing had been submitted to conciliation orarbitration or had become the subject of a valid notice of strike or lockout.

e. in case of an organized establishment, failure to submit the twenty-five percent(25%) support requirement forthe filing of the petition for certification election.


7/11

Petition Granted Petition DeniedPetition DeniedPetition Granted

Unorganized

establishment

Decision

Organized

establishment



within 10 days from receiptof decision

File memorandum of appealwith Regional Office where thepetition originated

Non-appealable

Regional Director to transmit entirerecords within 24 hours fromreceipt of appeal to Office of

Secretary

Reply reply may be filed by any party within 10days from receipt of memorandum ofappeal.

Secretarys Decision Secretary shall have 15 daysfrom receipt of the entirerecords to decide

Secretary decision final andexecutory within 10 days fromreceipt by the parties.

No motion for reconsideration

shall be entertained. The entire records of the case

shall be remanded to theRegional Office forimplementation within 48 hoursfrom notice of receipt ofdecision.


8/11


9/11

ANNEX J: Procedure in Handling Grievances

Based on DO 40-03This will apply only in theabsence of a provision in theCBA or existing companypolicy.

Present grievance toshop steward



No settlement

Immediate su ervisor

Grievance Committee

Still unresolved 10 days

Either party may servenotice upon the other ofits decision to submit to

voluntary arbitration

Grievancecommittee decision

If the party upon whom the notice isserved fails or refuses to respondfavorable within 7 days from receipt:

1. Designated voluntary arbitrator orpanel shall begin voluntaryarbitration proceedings, or

2. Board shall call the parties andappoint a voluntary arbitrator orpanel.


10/11

ANNEX K: Inter/Intra-Union Dispute & Other Related Labor Relations Disputes



Raffle is dispensed with if there is only one Med-

arbiter or Hearing Officer in the Region

File complaint or petition

Raffle

Within 3 days from receiptOf petition

Med-arbiter shall cause theservice of summons upon the

respondents.

Prepare, cause service of noticeof preliminary conference upon

the party filing the petition.

Petition shall betransmitted to Med-

arbiter

Preliminar conference within 10 days from receipt of the

complaint or petition

No amicable settlementParties agree to amicablesettlement

Decision based on theamicable settlement within 5

days from preliminaryconference.

limited to clarificatoryquestions by Med-arbiter

Proceed with stipulation of facts,limitation of issues, clarificatoryquestioning, submission of laws

and jurisprudence

deemed submitted fordecision after the lasthearing or upon expiration of25 days from preliminary

conference, whichevercomes first. (max of 25 daysto conduct hearings)

Bureau/Med-arbiter mustDecision

Hearin /s

Decide within 20 daysFrom last hearing

Where to file?1. Regional Office which issued certificate of registration/creation

- complaints involving labor unions with independent registration, charteredlocals, workers association, its officer/members.

2. Bureau- involving federations, national unions, industry unions, itsofficers/members.

3. Regional Director- petitions for cancellation of registration of labor unions, petitions forderegistration of CBA

4. Med-arbiter- other inter/intra union dis utes and other related labor relations dis utes

Who may file?any legitimate labororganization or its membersany party-in-interestif the issue involves the entiremembership of the labororganization, complaint mustbe supported by 30% ofmembers.


11/11

annexes part 2.printable.pdf

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