ANNEX C: Procedure for Registration of Labor Organization Where to file

Regional Office

labor union

Bureau

(Action within 10 days from receipt of application)

Approval - Issuance of certificate of registration

Denial Ground: Failure to comply with requirements

Regional Office in case of applications for registration of independent unions. Applications for registration of federations, national unions or workers association operating in more that one region shall be filed with the Bureau or Regional Offices but shall be processed by the Bureau. A duly-registered federation or national union may directly create a chartered local by submitting the required documents (See Annex A) to the Regional Office. (DO 40-B-03) DENIAL BY:

If the documents submitted are incomplete or do not contain the required certification and attestation, The Regional Office should notify the applicant in writing within 5 days from receipt of application. The applicant must be given 30 days from notice to complete the requirements If applicant fails to complete the requirements within 30 days, the application shall be denied.

Regional Office (transmit records within 24 hours from receipt of Memo of Appeal)

APPEAL BY MEMO OF APPEAL WITHIN 10 DAYS FROM RECEIPT OF NOTICE

Bureau (transmit records within 24 hours from receipt of Memo of Appeal)

Bureau (decision within 20 QuickTime and a TIFF (Uncompressed) decompressor days from receipt of are needed to see this picture. records)

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

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

Supreme Court Rule 65

Supreme Court Rule 65

ANNEX D: Procedure for Cancellation of Registration of Labor Organizations

Any party-in-interest may commence a petition for cancellation

Members of labor organization for actions involving violations of Art. 241

File independent complaint or petition for cancellation based on the grounds

Regional Director in case of independent labor union, chartered local and workers' association

Bureau Director in case of federations, national or industry unions and trade union centers

GROUNDS: a. Misrepresentation, false statement or fraud in connection with the adoption or ratification of the constitution and by-laws or amendments thereto, the minutes of ratification, the list of members who took part in the ratification of the constitution and by-laws or amendments thereto, the minutes of ratification, the list of members who took part in the ratification; b. Failure to submit the documents mentioned in the preceding paragraph within thirty (30) days from adoption or ratification of the constitution and by-laws or amendments thereto; c. Misrepresentation, false statements or fraud in connection with the election of officers, minutes of the election of officers, the list of voters, failure to submit these documents together with the list of the newly elected or appointed officers and their postal address within thirty (30) days from election; d. Failure to submit the QuickTime and a annual TIFF (Uncompressed) decompressor financial reportare needed to see this picture. to the Bureau within thirty (30) days after the close of every fiscal year and misrepresentation, false entries or fraud in the preparation of the financial report;

e.

Notice and Due Process

f.

Resolved by Regional Director like the procedure of Inter/Intra-Union Disputes (Rule XI)

g.

h.

i.

j.

k.

Acting as a labor contractor or engaging in the "cabo" system, or otherwise engaging in any activity prohibited by law; Entering into collective bargaining agreements which provide for terms and conditions of employment below minimum standards established by law; Commission of any of the acts enumerated under Article 241 of the Labor Code; provided that no petition for cancellation based on this ground may be granted unless supported by at least thirty (30%) percent of all the members of the respondent labor organization; Asking for or accepting attorney's fees or negotiation fees from the employer; Other than for mandatory activities under the Labor Code, checking off special assessments or any other fees without duly signed individual written authorizations of the members; Failure to submit list of individual members to the Bureau once a year or whenever required by the Bureau; Failure to comply with the requirements of registration prescribed under Rules III and IV

ANNEX E: Cancellation of Registration of Labor Organizations due to Non-Compliance with the Reportorial Requirements

Labor Relations Division of the Regional Office or the Bureau a) on its own initiative b) upon complaint filed by any party-in-interest

Conditions for administrative cancellation: (a) Non-compliance is for a continuous period of five (5) years; (b) The procedures laid down in this Rule were complied with; and (c) The labor organization concerned has not responded to any of the notices sent by the Bureau, or its notices were returned unclaimed.

Make a report of the labor organizations non-compliance

Submit to the Bureau for verification of records

Bureau shall send a notice for compliance by registered mail with return card to the labor organization concerned
Within 10 days from receipt

30 days from release of notice

Comply with the reportorial requirements and submit proof thereof to the Bureau

No response from labor organization

No response within 30 days from release of 2nd notice

Bureau shall cause publication of the notice of cancellation in 2 newspapers of general circulation

Bureau may conduct investigation: 1) employers premises; and 2) labor organizations last known address

Bureau has verified the dissolution of the labor organization

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No response w/in 30 days from date of publication

Bureau shall: 1) order cancellation of registration 2) cause its de-listing from the roster of legitimate labor organizations

ANNEX F: Elections under Rule 12 Of The Implementing Rules

President of the labor organization shall constitute a committee on election

Within 60 days before the expiration of the term of the incumbent

Committee shall elect its Chairman Committee composed of at least three (3) members who are not running for any position in the election. if there are identifiable parties within the labor organization, each party shall have equal representation in the committee

Committee shall exercise its powers 10 days from its constitution 1) set the date, time and venue of the election; 2) prescribe the rules on the qualification and eligibility of candidates and voters; 3) prepare and post the voters list and the list of qualified candidates; 4) accredit the authorized representatives of the contending parties; 5) supervise the actual conduct of the election and canvass the votes to ensure the sanctity of the ballot; 6) keep minutes of the proceedings; 7) be the final arbiter of all election protests; 8) proclaim the winners; and 9) prescribe such other rules as may facilitate the orderly conduct of election.

at least 30% of the members of the labor organization may file a petition for conduct of election of union officers with the Regional Office if 1. Terms of officers have expired and officer failed to call for election of new officers, or 2. Labor organizations constitution and by-laws do not provide for the manner by which election can be called or conducted. Petition to be heard by Bureau in case of federations, national or industry unions, trade union centers.

Formal requirements, processes and periods of disposition of this disposition is the same as those stated in Rule XI of DO 40-03 Inter/Intra Union Dispute. Appointment of an election officer and procedures and periods in conduct of pre-election conference and election proceedings under Rule IX Conduct of Certification Election will also apply here.

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ANNEX G: Bargaining Procedure under the Labor Code (Art. 250) Serve written notice with statement of proposals upon the other party.

Reply not later than 10 days from receipt Reply of other party If differences arise on the basis of notice and reply Conference

If the dispute is not settled. Board shall intervene, call parties to conciliation meetings

The recognized or certified labor union and its employer may adopt such procedures and processes they may deem appropriate and necessary for the early termination of their negotiations. They shall name their respective representatives to the negotiation, schedule the number and frequency of meetings, and agree on wages, benefits and other terms and conditions of work for all employees covered in the bargaining unit.

Board shall have the power to issue subpoenas to require attendance to such meetings. Board shall exert all efforts to settle disputes amicably, encourage parties to submit case to voluntary arbitrator. Parties are prohibited from doing any act which may disrupt or impede the early settlement of the disputes.

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ANNEX H: PETITION FOR CERTIFICATION ELECTION Who may file? any legitimate labor organization employer, when requested to bargain collectvely Raffle dispensed with If there is only 1 Med-arbiter Where to file? with the Regional Office which issued the certificate of registration/certificate of creation When to file? anytime, except: a. When voluntary recognition has been entered, or a valid certification, consent or run-off election has been conducted within 1 year prior to the filing. b. negotiations in good faith with the employer c. bargaining deadlock had been submitted to conciliation or arbitration or had become the subject of a valid notice of strike or lockout. d. Registered CBA may file only within 60 days prior to the expiration of the CBA.

File petition for certification election

Raffle

Service of notice of preliminary conference

Preliminary Conference

Must be within 10 days from Receipt of petition

Parties agree to a consent election

Parties fail to agree on consent election

Hearings Forward records of petition to Regional Director/ authorized representative may conduct such number of hearings, but hearings should not exceed 15 days from preliminary hearing.

within 10 days from last hearing

First pre-election conference Must be within 10 days from Date of entry of agreement

Decision

If there is no appeal Within 10 days from Receipt of decision, Med-arbiter shall enter The finality of the decision In the records of the case

Grounds for Denying Petition a. the petitioner is not listed in the Departments registry of legitimate labor unions or 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 registered collective bargaining agreement; provided that the sixty-day period based on the original collective bargaining agreement shall not be affected by any QuickTime and a TIFF (Uncompressed) decompressor amendment, extension or renewal of the collective bargaining agreement; are needed to see this picture. c. the petition was filed within one (1) year from entry of voluntary recognition or a valid certification, consent or run-off election and no appeal is pending; d. a duly certified union has commenced and sustained negotiations with the employer within the one-year period referred to in Section 14.c of this Rule, or the bargaining deadlock existing had been submitted to conciliation or arbitration 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 for the filing of the petition for certification election.

Decision

Unorganized establishment

Organized establishment

Petition Granted

Petition Denied

Petition Granted

Petition Denied

Non-appealable File memorandum of appeal with Regional Office where the petition originated within 10 days from receipt of decision

Regional Director to transmit entire records within 24 hours from receipt of appeal to Office of Secretary

Reply

reply may be filed by any party within 10 days from receipt of memorandum of appeal. Secretary shall have 15 days from receipt of the entire records to decide Secretary decision final and executory within 10 days from receipt by the parties. No motion for reconsideration shall be entertained. The entire records of the case shall be remanded to the Regional Office for implementation within 48 hours from notice of receipt of decision.

Secretarys Decision

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ANNEX I: Conduct of Certification Election

Receipt of notice of entry of final judgment granting the conduct of certification election 24 hours Regional Director shall cause the raffle of the case to an Election Officer 24 hours from receipt of the assignment Failure to appear in the preelection conference considered a waiver of right to question any agreement in the pre-election conference. But nonappearing party retains the right to be given notices of subsequent pre-election conferences Election Officer shall cause the issuance of notice of pre-election conference upon the contending unions and the employer

Pre-election conference

Posting of Notices: at least 10 days before election. 2 most conspicuous places in company premises Contents: 1. date and time of election 2. names of all contending unions 3. description of the bargaining unit, list of eligible and challenged voters

Must be within 10 days from receipt of the assignment Must be completed within 3 days from date of the first hearing

Certification Election

Must not be later than 45 days from date of the first pre-election conference

Election precincts close

the election precincts shall open and close on the date and time agreed upon during the pre-election conference. the opening and canvass shall proceed immediately after the precincts have closed.
The proclamation must be under any of the ff. conditions: 1. no protest was filed or, even if one was filed, the same was not perfected within the five-day period for perfection of the protest. 2. no challenge or eligibility issue was raised or, even if one was raised, the resolution of the same will not materially change the results of the elections.

Canvass of votes Failure of Election when the votes cast is less than the majority of the eligible voters, and there are no material challenged QuickTime and a votes. TIFF (Uncompressed) decompressor are needed to see this picture. Another certification or Transmit records of the case to consent election may be Med-arbiter. Med-arbiter shall held within 6 months. issue an order proclaiming the results of the election.

ANNEX J: Procedure in Handling Grievances Based on DO 40-03 This will apply only in the absence of a provision in the CBA or existing company policy.

Present grievance to shop steward

Immediate supervisor No settlement

Grievance Committee Still unresolved Either party may serve notice upon the other of its decision to submit to voluntary arbitration If the party upon whom the notice is served fails or refuses to respond favorable within 7 days from receipt: 1. Designated voluntary arbitrator or panel shall begin voluntary arbitration proceedings, or 2. Board shall call the parties and appoint a voluntary arbitrator or panel. 10 days Grievance committee decision

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ANNEX K: Inter/Intra-Union Dispute & Other Related Labor Relations Disputes File complaint or petition

Raffle

Raffle is dispensed with if there is only one Medarbiter or Hearing Officer in the Region

Petition shall be transmitted to Medarbiter Within 3 days from receipt Of petition Prepare, cause service of notice of preliminary conference upon the party filing the petition. Med-arbiter shall cause the service of summons upon the respondents.

Preliminary conference

within 10 days from receipt of the complaint or petition

Parties agree to amicable settlement

No amicable settlement

Decision based on the amicable settlement within 5 days from preliminary conference.

Proceed with stipulation of facts, limitation of issues, clarificatory questioning, submission of laws and jurisprudence limited to clarificatory questions by Med-arbiter deemed submitted for decision after the last hearing or upon expiration of 25 days from preliminary conference, whichever comes first. (max of 25 days to conduct hearings)

Hearing/s

Bureau/Med-arbiter must Decision Decide within 20 days From last hearing QuickTime and a decompressor Who may file? TIFF (Uncompressed) this picture. Where to file? are needed to see 1. Regional Office which issued certificate of registration/creation any legitimate labor - complaints involving labor unions with independent registration, chartered organization or its members locals, workers association, its officer/members. any party-in-interest 2. Bureau if the issue involves the entire - involving federations, national unions, industry unions, its membership of the labor officers/members. organization, complaint must 3. Regional Director be supported by 30% of - petitions for cancellation of registration of labor unions, petitions for members. deregistration of CBA 4. Med-arbiter - other inter/intra union disputes and other related labor relations disputes

Med-arbiter/ Regional Director Decision

Bureau Director Decision

Must appeal within 10 days from receipt of decision Bureau Director Office of the Secretary May call parties to a clarificatory hearing Must decide within 20 days From receipt of records

Bureau Director Decision

Office of DOLE Secretary

Final and executory If there is no appeal with 10 days Bureau Director Decision Final and Executory Only 1 MR allowed Office of Secretary Decision Final and Executory

Records remanded to the Regional Office or Bureau of origin For implementation within 24 hours From receipt of decision by the parties and finality of decision

Execution of Decision Med-arbiter and Regional Director Decision, or Bureau Decision, in the exercise of its original jurisdiction automatically stayed pending appeal. Bureau Decision, Office of Secretary Decision in exercise of its appellate jurisdiction immediately executory upon entry of final judgment.

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