National Labor Relations Commission NLRC

NATIONAL LABOR RELATIONS COMMISSION
NLRC
• A n administrative body with quasi- judicial functions and the
principal government agency that hears and decides labor-
management disputes; attached to the DOLE for program and
policy coordination only
• COMPOSITION
• 1 CHAIRMAN
• 23 MEMBERS
POWERS OF NLRC ( rci-coi)
• 1. rule making power ( promulgation of rules and regulations)
• A. governing disposition of cases before any of its
division/regional offices
• B. pertaining to its internal functions
• C. as may be necessary to carry out the purposes of the labor
code
2. Power to issue compulsory processes ( administer oaths,
summon parties, issue subpoenas)
3. Power to investigate matters and hear disputes within its
jurisdiction ( adjudicatory power – original and appellate)
4. Contempt power
5. Ocular inspection
6. Power to issue injunctions and restraining orders
• INJUNCTION OR TRO – orders which may require, forbid, or
stop the doing of an act
• OCULAR INSPECTION – The chairman, any commissioner, labor
arbiter or their duly authorized representatives may, at any
time during working hours:
• 1. conduct an ocular inspection on any establishment,
building, ship, place or premises, including any work, material,
implement, machinery, appliance or any object therein;
• 2. ask any employee, laborer, or any person as the case may
be for any information or date concerning any matter or
question relative to the object of the investigation
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 or of dealing with employers concerning terms and
conditions of employment
• UNION – any labor organization in the private sector organized
for collective bargaining and for other legitimate purposes
purpose of formation of labor unions
• For securing fair and just wages and good working conditions
for the laborer; and for the protection of labor against the
unjust exactions of capital
• MODES OF ACQUIRING LEGITIMACY FOR LABOR ORGANIZATIONS
• 1. Registration with the BLR ( independent union)
• 2. chartering or issuance of a federation or national union of a
charter certificate
CLASSIFICATION OF LABOR ORGANIZATIONS
• 1. National Union/Federation- any labor organization with at

least 10 locals/chapters each of which must be a duly certified
or recognized collective bargaining agent.
• 2. Industry Union – group of legitimate labor organizations
within an identified industry, organized for collective
bargaining or for dealing with employers concerning terms
and conditions of employment within an industry, or for
participating in the formation of social and employment
policies, standards, and programs in such industry registered
with DOLE
• 3. Trade Union Center – group of registered national unions or
federations organized for the mutual aid and protection of its
members and for assisting such members in collective
bargaining or for participating in the formulation of social and
employment policies, standards, and programs duly registered
with the department
• 4. Alliance – aggregations of unions existing in one line
industry or in a conglomerate, a group of franchises, a
geographical area, or an industrial center
• 5. Company union – a labor organization which, in whole or in
part, is employer – controlled or employer - dominated
PURPOSE OF REGISTRATION
• 1. It is the fact of being registered with the DOLE that makes a
labor organization legitimate in the sense that it is clothed
with legal personality to claim representational and bargaining
rights
• A. undertake activities for benefit of members
• B. sue and be sued
• C. excusive representative of all employees
• D. represent union members
• E. furnished by employers of audited financial statements
• F. own properties
• G. exempted from taxes
Purpose of registration
• 2. The requirement of registration is NOT a curtailment of the

right to association. It is merely a condition SINE QUA NON for
the acquisition of legal personality by labor organizations,
associations, or unions and the possession of the rights and
privileges granted by law to labor organizations
• 3. it is a valid exercise of police power since the activities in

which labor organizations, associations or union of workers
are engaged affect public interest, which should be protected
• FEDERATION- any labor organization with at least 10 locals/
chapters or affiliates each of which labor organizations,
associations, or unions of workers are engaged affect public
interest, which should be protected
• REQUIREMENTS BEFORE A FEDERATION CAN BE ISSUED A CERTIFICATE OF
REGISTRATION:
• 1. Proof of affiliation of at least ten locals or chapters, each of which must
be a duly recognized sole and exclusive collective bargaining agent in the
establishment or industry in which it operates, supporting the registration of
such applicant federation or national union
• 2. Resolution of affiliation of at least ten (10) legitimate labor organization,
whether independent unions or chartered locals each of which must be duly
certified or a recognized bargaining agent in the establishment where it
seeks to operate
Cont…
• 3. Names and addresses of the companies where the affiliates
operate and the list of all the members in each company
involved
• AFFILIATE - an independently registered union that entered

into an agreement of affiliation with a federation or national
union. Also refers to a chartered local which applied for and
was granted an independent registration but did not
disaffiliate from its mother federation or national union
• Registration may be CANCELLED nay be cancelled by the
bureau, after due hearing, on the grounds of:
• 1. 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, and
the list of members who took part in the ratification
• 2. misrepresentation, false statements or fraud in connection
with the election of officers, minutes of the election of
officers, and the list of voters, and;
• 3. voluntary dissolution by the members
Rights and conditions of membership in a labor
organization
• UNION MEMBERSHIP any employee, whether employed for a
definite period or not, shall, beginning on his first day of
service, be considered an employee for purposes of union
membership
• WHO ARE PROHIBITED FROM BECOMING
MEMBERS/OFFICERS OF A LABOR ORGANIZATION
• 1. Non – employees
• 2.Subversives or those engaged in subversive activities; and,
• 3.persons who have been convicted of a crime involving moral
turpitude shall not be eligible for election as union officer or
for appointment to any position in the union
• LIMITATIONS:
• 1. the labor organization cannot compel employees to become
members of their labor organization if they are already
members of rival union
• 2. the subversives are prohibited from becoming a member of
a labor organization
• 3. the members of religious organization whose religion
forbids membership in labor organization could not be
compelled into union membership
Rights of union members
• 1. DELIVERATIVE AND DECISION MAKING RIGHT-the right to

participate in deliberations on major policy questions and
decide by secret ballot
• 2. RIGHT TO INFORMATION – the right to be informed about:
• A. the organization’s constitution and by laws
• B. the collective bargaining agreement and labor laws
• 3. RIGHT OVER MONEY MATTERS- the right of the members:
• A. against imposition of excessive fees
• B. right against unauthorized collection of contributions or
unauthorized disbursements
• C. to require adequate records of income and expenses
• D. to access financial records
Cont.
• E. to vote on officer’s compensation
• F. to vote on special assessment
• G. to be deducted a special assessment only with the
member’s written authorization
• UNION DUES: regular monthly contributions paid by the
members to the union in exchange for the benefits given to
them by the CBA and to finance the activities of the union
representing them
• AGENCY FEES: dues equivalent to union dues, charged from
the non- union members who or benefited by or under the
CBA
RIGHTS OF LEGITIMATE LABOR ORGANIZATIONS
• 1. Undertake activities for benefit of members;

• 2. sue and be sued
• 3. exclusive representative of all employees
• 4. represent union members
• 5. furnished by employees of audited financial statements
• 6. own properties
• 7. exempted from taxes
•END

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NATIONAL LABOR RELATIONS COMMISSION

• 1. National Union/Federation- any labor organization with at

• 2. The requirement of registration is NOT a curtailment of the

• 3. it is a valid exercise of police power since the activities in

• AFFILIATE - an independently registered union that entered

• 1. DELIVERATIVE AND DECISION MAKING RIGHT-the right to

• 1. Undertake activities for benefit of members;

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