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on
application.
 Article
236.
Denial
of
registration;
appeal.
 Article
228.
Indorsement
of
cases
to
labor
arbiters
(Repealed
by
BP
230)
 Article
229.
Issuance
of
subpoenas
 Article
230.
Appointment
of
Bureau
Personnel
 Article
231.
Registry
of
unions
and
file
of
collective
agreements
 Registry
of
unions
and
CBAs
 • • Bureau
shall
keep
a
registry
of
legitimate
labor
organizations
 Bureau
shall
also
maintain
a
file
of
all
CBAs
and
other
related
agreements
 o Parties
 shall
 submit,
 within
 30
 days
 from
 execution,
 copies
 of
 their
 CBA
 directly
 to
 the
 BLR
 or
 the
 Regional
 Offices
 of
 the
 DOLE
 for
 registration
 o Registration
 of
 the
 CBA
 is
 NOT
 a
 requisite
 for
 its
 validity;
 once
 it
 is
 duly
entered
into
and
signed
by
the
parties,
a
CBA
becomes
effective
 as
 between
 the
 parties
 regardless
 of
 whether
 or
 not
 the
 same
 has
 been
certified
by
the
BLR
 Article
232.
Prohibition
on
certification
election.
 The
contract­bar
rule
 • • • • Contract‐bar
rule
means
that
while
a
valid
and
registered
CBA
is
subsisting,
the
 Bureau
is
not
allowed
to
hold
an
election
contesting
the
majority
status
of
the
 incumbent
union
 o Existence
 of
 the
 CBA
 bars
 the
 holding
 of
 the
 inter‐union
 electoral
 contest
 Election
is
legally
allowed
only
during
the
“freedom
period”
which
refers
to
the
 last
60
days
of
the
5th
year
of
the
CBA
 Objective
of
the
rule:
minimize
politicking
until
the
proper
time
comes
 In
 any
 case,
 it
 is
 the
 Med‐Arbiters
 in
 the
 DOLE
 regional
 offices
 that
 hear
 petitions
for
certification
election
 Article
233.
Privileged
communication.
 
 Lalay
Abala.
ALS2014B.
Labor
II.
 Article
237.
Additional
requirements
for
federations
or
national
unions.
 1. Labor
organization;
two
broad
purposes
 • Worker’s
 right
 to
 self‐organization
 is
 guaranteed
 under
 the
 Constitution;
 includes
 the
 right
 to
 form,
 join
 or
 assist
 labor
 organization
for
the
purpose
of
collective
bargaining
 • Definitions
under
DO
No.
40­03
 o Labor
organization
 –
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
 Labor
organization
is
not
always
a
union;
it
may
be
 an
association
of
employees
 Purpose
 is
 not
 only
 nor
 necessarily
 collective
 bargaining
 but
 also
 dealing
 with
 employers
 concerning
terms
and
conditions
of
employment
 o Legitimate
labor
organization
–
any
labor
organization
in
the
 private
sector
registered
or
reported
with
the
Department
 o Union
 –
 any
 labor
 organization
 in
 the
 private
 sector
 organized
 for
 collective
 bargaining
 and
 for
 other
 legitimate
 purposes
 Not
every
union
is
legitimate!
 Only
 those
 properly
 registered
 are
 considered
 as
 an
LLO
 Non‐registration
 does
 not
 mean
 it
 is
 illegitimate;
 just
means
that
it
has
no
legal
personality
 o Exclusive
Bargaining
Representative
–
legitimate
labor
union
 duly
 recognized
 or
 certified
 as
 the
 sole
 and
 exclusive
 bargaining
representative
or
agent
of
all
the
employees
in
a
 bargaining
unit
 o Worker’s
Association
 –
association
of
workers
organized
for
 the
 mutual
 aid
 and
 protection
 of
 its
 members
 or
 for
 any
 legitimate
purpose
other
than
collective
bargaining
 o 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
 34
 Distinction
 between
 “collective
 bargaining”
 and
 “dealing
 with
 employer”
 o Purpose
of
a
labor
organization
is
to
bargain
collectively
(as
 a
 group)
 with
 the
 employer,
 and/or
 some
 other
 lawful
 purpose,
i.e.,
dealing
with
the
employer
 Purposes
 deal
 with
 terms
 and
 conditions
 of
 employment
 o To
 bargain
 collectively
 is
 a
 right
 that
 may
 be
 acquired
 by
 a
 labor
organization
after
registering
itself
with
the
DOLE
and
 after
being
recognized
or
certified
by
DOLE
as
the
exclusive
 bargaining
representative
(EBR)
of
the
employees
 o Dealing
 with
 the
 employer
 is
 a
 generic
 description
 of
 interact...
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This document was uploaded on 03/11/2014.

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