1. Right to Form Association Also includes employees of the government Cannot bargain collectively In lieu of CB, collective NEGOTIATION (CAN) Governing Law on CN: EO 180 : Public Sector Management Council (has jurisdiction over issues on CN)

Not covered by CN: Fixed by law Involved appropriation offense (consti restraint) Management prerogatives of high level employees

Who cannot form Unions Managerial Employees Confidential Employees (Labor Related) Cooperatives Employees of AFP, BJNP, PNP, BFP

Legitimate Labor Organization those that are registered either with Bureau of Labor Relations OR Regional Office of the DOLE BLR ( Mother Unions, federations, etc.) RO of DOLE : ( 20% subscription requirement; independent unions)

- Is there anywhere in the law where a non- registered union can file a petition for certification of election? YES. In the case of a chartered local or local chapter that is issued with a charter certificate by the federation or national union, it acquires an impartial or imperfect legal personality but only for purposes of certification election.

Should a local chapter, in order to acquire full legal personality be registered with the local office?

NO. The only requirement is the submission of certain requirements such as: constitutional by laws and charter certificate to be filed with the regional office of DOLE.

Types of Bargaining:

1. Blue- Sky Bargaining The union submitted a CBA proposal but the CBA proposal contains economic demands that are beyond the reach of the employer / SKY HIGH.

2. Surface Bargaining The employer dilly-dollies/ procrastinates or keeps on postponing CBAs because it has no intention of signing the agreement with the union.3. Take it or Leave it Bargaining (Boulwareism) Violation of the GOOD FAITH/MUTUAL Bargaining.

2. Right of RepresentationModes of determining representation status: Voluntary Recognition: there is only 1 union that has the majority status within the company premises.

Consent Election: among unions within the company premises, they consented, they approved that they have to conduct an election with or without the intervention of the regional office of the DOLE

Certification Election: Best Consent Rule / Double Majority Rule: employer has no personality in CE UNLESS invited. : sole concern of employees

3. Right to be certified as the bargaining agent