a. Freedom Period

CBA Duration for representation aspect (Labor Code, Art. 265)

Duration: 5 years for representation aspect Refers to the identity and majority status of the union that negotiated the CBA as the exclusive bargaining representative

Freedom Period

The 60-day period immediately before the date of expiry of such 5 year-term of the CBA (Art. 265)

No petition questioning the majority status of the incumbent bargaining agent shall be entertained and no certification election shall be conducted by the DOLE outside of the 60-day period immediately before the date of the expiry of such five year term of the Collective Bargaining Agreement. (Labor code, Art. 265) (Contract-Bar rule)

Union Security Clause

When to file

The proper time to file a petition for C.E. depends on whether the bargaining unit has a CBA or not.

If it has no CBA, the petition may generally be filed at any time, subject to applicable bars, including the 12-month election bar, the negotiation bar, and the deadlock bar.

If the bargaining unit has a CBA, the petition can be filed only within the “freedom period” which is the last 60 days of the 5th year of the CBA.

CONTRACT BAR RULE

General Rule: The representation status of the incumbent exclusive bargaining agent which is a party to a duly registered CBA shall be for a term of five (5) years from the date of effectivity of the CBA. No petition questioning the majority status of the incumbent exclusive bargaining agent or petition for certification election shall be filed (Sec. 7, Rule XVII of D.O. 40-03).

Exception: (Freedom period) Arts. 264, 265, 268: Within 60 days before expiration of the 5- year term of the representational aspect of the CBA. Note that the 5-year term is not the term of the bargaining agent, but the representation aspect of the CBA.

Note: This freedom period is different from the sixty day period within which to start negotiations for a new CBA.