Category Archives: Labor Union

Article 263 of the Labor Code enumerates the requisites for holding a strike

Article 263 of the Labor Code enumerates the requisites for holding a strike:             Art. 263. Strikes, picketing, and lockouts. – (a) x x x. x x x x. (c)     In cases of bargaining deadlocks, the duly certified or … Continue reading

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Distinction between a regular and a project employment

The distinction between a regular and a project employment is provided in Article 280, paragraph 1, of the Labor Code:             ART. 280. Regular and Casual Employment.— The provisions of written agreement to the contrary notwithstanding and regardless of the … Continue reading

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The legal personality of union cannot be collaterally attacked by respondent company in the certification election proceedings.

The legal personality of  union cannot be collaterally attacked by respondent company in the certification election proceedings. Petitioner union correctly argues that its legal personality cannot be collaterally attacked in the certification election proceedings. As we explained in Kawashima:                 … Continue reading

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The mixture of rank-and-file and supervisory employees in petitioner union does not nullify its legal personality as a legitimate labor organization

The mixture of rank-and-file and supervisory employees in petitioner union does not nullify its legal personality as a legitimate labor organization. The CA found that petitioner union has for its membership both rank-and-file and supervisory employees. However, petitioner union sought … Continue reading

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Union’s charter certificate need not be executed under oath

In the main, the CA ruled that petitioner union failed to comply with the requisite documents for registration under Article 235 of the Labor Code and its implementing rules. It agreed with the Med-Arbiter that the Charter Certificate, Sama-samang Pahayag … Continue reading

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The pendency of a petition for cancellation of union registration does not preclude collective bargaining

The cancellation of KML’s certificate of registration should not retroact to the time of its issuance. Notwithstanding the finality of the Decision canceling the certificate of registration of KML, we cannot subscribe to LEGEND’s proposition that the cancellation of KML’s … Continue reading

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The legitimacy of the legal personality of a union cannot be collaterally attacked in a petition for certification election.

The legitimacy of the legal personality of KML cannot be collaterally attacked in a petition for certification election. We agree with the ruling of the Office of the Secretary of DOLE that the legitimacy of the legal personality of KML … Continue reading

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