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B. Bargaining unit

1. CONCEPTS

The concepts of a union and of a legitimate labor organization are different from, but related to, the concept of a bargaining unit. (Holy Child Catholic School v. Sto. Tomas, G.R. No. 179146, 23 July 2013)

Bargaining unit – a “group of employees of a given employer, comprised of all or less than all of the entire body of employees, which the collective interests of all the employees, consistent with equity to the employer, indicated to be best suited to serve reciprocal rights and duties of the parties under the collective bargaining provisions of the law.” (Holy Child Catholic School v. Sto. Tomas, supra.)

a. Labor organization, Legitimate labor organization

Labor organization – means any union or association of employees which exists in whole or in part for the purpose of collective bargaining or of dealing with employers concerning terms and conditions of employment. (Article 219 [212] (g), Labor Code)

Legitimate labor organization – means any labor organization duly registered with the Department of Labor and Employment, and includes any branch or local thereof. (Article 219 [212] (h), Labor Code)

b. Bargaining representative

Bargaining representative – means a legitimate labor organization or any officer or agent of such organization whether or not employed by the employer. (Article 219 [212] (j), Labor Code)

c. Company union

Company union – means any labor organization whose formation, function or administration has been assisted by any act defined as unfair labor practice by this Code. (Article 219 [212] (i), Labor Code)

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