Saturday, July 16, 2011

ART. 231, Labor Code of the Phils.

Registry of Unions and Filing of Collective Bargaining Agreement
( Art. 231, Labor Code of the Phils.)

In an Organized Establishment
In an Unorganized Establishment
The CBA is duly registered.
There is no CBA; a petition for C.E. may be filed anytime.
 Contract Bar Rule
  • The Bureau shall not entertain any petition for certification election or any other action which may disturb the administration of the duly registered existing CBA affecting its parties.
Freedom Period
  • The representation aspect of the CBA is for a term of five (5) years.
  • A certification election can only be filed within sixty (60) days prior to the expiration of the CBA.
  • At the expiration of the freedom period, the employer shall continue to recognize the majority status of the incumbent bargaining agent where no petition for C.E. is filed.

One-year Bar Rule
  • No petition for C.E. may be filed within one year from the date of a valid certification, consent or run-off election or from the date of voluntary recognition.
  • The union that won and the employer must negotiate a CBA within 12 months. Failure to negotiate within the prescribed period will open the gate for another petition for C.E.
Deadlock-bar Rule
  • If a union had won and negotiation has commenced but it is caught in a deadlock, the deadlock itself is a barrier in holding a certification election.
  • In other words, if the one year period for negotiation has lapsed and there is a deadlock with respect to the negotiation of the CBA, no petition for C.E. shall be entertained.


No comments:

Post a Comment