BIR Ruling [DA-231-04]

May 3, 2004 BIR RULING [DA-231-04] Bureau of Internal Revenue Concerned Employees Association (BIRCEA) BIR National Office Building BIR Road, Diliman, Quezon City Attention: Elmer P. Lee President Gentlemen : This refers to your letter dated June 2, 2003 requesting the management of the Bureau of Revenue to recognize the Bureau of Internal Revenue Concerned Employee Association (BIRCEA), as the sole and exclusive representative and bargaining agent of the rank-and-file employees of the Bureau of Internal Revenue. Documents submitted to this Office show that BIRCEA was registered on May 27, 2003 as the employees' organization with the Department of Labor and Employment and the Civil Service Commission. The registration is evidenced by the approved Certificate of Registration No. 1257. In the said certificate of registration, there is a pronouncement entitling the registrant to be the "sole representative of the rank-and-file employees to negotiate for them, and to undertake activities not contrary to law or public policy in furtherance of the interest of its members." Hence, it is now requested that the said pronouncement be given due course. In reply thereto, please be informed of the provisions of Title IV of the Executive Order No. 180 that sets as the guideline for the exercise of the right to organize of government employees, viz : IV. SOLE AND EXCLUSIVE' EMPLOYEES' REPRESENTATIVE Section 9. The appropriate organizational unit shall be the employers unit consisting of rank-and-file employees unless circumstances otherwise require. Section 10. The duly registered employees' organization having the support of the majority of the employees in the appropriate organizational unit shall be designated as the sole and exclusive representative of the employees. Section 11. A duly registered employees' organization shall be accorded voluntary recognition upon a showing that no other employees' organization registered or is seeking registration, based on records of the Bureau of Labor Relations, and that the said organization has the majority support of the rank-and-file in the organizational unit. Section 12. Where there are two or more duly registered employees' organization in the appropriate organizational unit, the Bureau of Labor Relations shall, upon petition, order the conduct of a certification election and shall certify the winner as the exclusive representative of the rank-and-file employees in said organization unit. In all fours, the law provides that to be considered as the sole and exclusive bargaining representative of the rank-and-file employees, it is necessary that the employees' organization have the support of the majority of the total number of the rank-and-file. Incidentally, there is nothing on record that would show that BIRCEA, as registered employees' organization, has the support of the majority of the rank-and-file employees it would want to represent. Due to absence of this fundamental requirement, the management hereby declines your request to consider your organization as the sole and exclusive representative of the rank-and-file-employees. This Office, however, acknowledges the existence of BIRCEA as a legitimate employees' organization of the Bureau of Internal Revenue pursuant to Section 8 of Executive Order No. 180, which provides: Section 8. Upon approval of the application, a registration certificate shall be issued to the organization recognizing it as a legitimate employees' organization with the right to represent its members and undertake activities to further and defend its interests. The corresponding certificates of registration shall be jointly approved by the Chairman of the Civil Service Commission and Secretary of Labor and Employment. Please be guided accordingly. STHAID Very truly yours, (SGD.) JOSE MARIO C. BUAG Deputy Commissioner Legal & Inspection Group