Marvin Carl L.
Tuason 201505725
History of Yellow Unions
The “Yellow Union” or Les Jaunes has its roots from France in around 1902. It
was led by Pierre Biétry who had a strong ‘Rightist’ ideology. The Yellow Union
formulated this name “when workers who refused to go on strike used yellow paper to
stop up the windows of their meeting place, which had been smashed by strikers.” 1
Furthermore, it was said that yellow was deliberately chosen in contrast to Marxist "Red
socialism." Pierre Bietry envisioned a non-political trade unionism model through
constant collaboration with employers in collective bargaining. 2 This movement
disfavored strikes. Instead, it advocated for an alliance between labor and capital and
promised profit-sharing schemes with workers. Hence, it gained favorable support from
workers prior to World War I.
In the United States, employee representation plans were trending schemes
during the period between WWI and WWII. These plans were intended as a “new spirit
of cooperation between the employer and his employees.” 3 While they look like the
yellow unions just described, these representation systems were largely opposed by
labor unions. They were viewed as systems designed and operated by the employer to
manipulate employees to prevent unionization. 4 Consequently, the U.S. Congress
passed the National Labor Relations Act of 1935 which made it an unfair labor practice
1
G. Mosse, The French Right and the Working Classes: Les Jaunes, Journal of Contemporary History, Vol. 7, No. 3/4
(1972), pp. 185-208
2
Ibid.
3
Gullett, Carlos Ray, "The Impact of Employee Representation Plans Upon the Development of Management-
Worker Relationships in the United States." (1970). LSU Historical Dissertations and Theses. 1855.
<[Link]
4
Ibid.
to interfere in the exercise of rights by workers and to interfere in the formation or
administration of labor organizations by the employer. 5 Pursuant to this law, the
Supreme Court of the United States practically outlawed company unions in National
Labor Relations Board v. Pennsylvania Greyhound Lines 6. In that case, the SCOTUS
recognized that “maintenance of a 'company union,' dominated by the employer, may
be a ready and effective means of obstructing self-organization of employees and their
choice of their own representatives for the purpose of collective bargaining.” 7
Evidently patterned after the National Labor Relations Act, the 1974 Philippine
Labor Code contained almost identical provisions on unfair labor practices. 8
Furthermore, Article 260 (g) thereof expressly defined “Company Union” as “any labor
organization whose function or administration has been assisted by any act defined as
unfair labor practice.”9 Certainly, this effectively expands the traditional definition of a
company union. On an international perspective, the Philippines has ratified Right to
Organise and Collective Bargaining Convention in 1953. Article 2 thereof provides for
safeguards against unwarranted interference by employers in worker’s organizations. 10
The history of yellow unions show that employers have a tendency of unfair
dealings with labor organizations. This is true when they are given a chance to meddle
with Union affairs. Thus, it is the current policy to ban company unions and employers’
interference in labor organization and exercise of workers’ rights.
5
U.S. National Labor Relations Act of 1935 (Wagner Act) 49 Stat. 449
6
303 U.S. 261 (1938)
7
Ibid.
8
Pres. Decree No. 442, (1974), art. 294 (a), (d)
9
Ibid, art. 260 (g)
10
ILO No. 98, art. 2
Procedure for Registration (D.O. No. 40-03, Rule III; Arts. 240, 241, 244, Labor Code)
Independent Labor Union
I. Where to File Registration – Regional Office where applicant principal
operates
II. Requirements for Registration
a. Fifty pesos registration fee
b. Name of the applicant labor union, its principal address, the name of its
officers and their respective addresses, approximate number of
employees in the bargaining unit where it seeks to operate, with a
statement that it is not reported as a chartered local of any federation or
national union;
c. Minutes of the organizational meeting(s) and the list of employees who
participated in the said meeting(s)
d. Name of all its members ~ comprising at least 20% of EEs in the
bargaining unit
e. If the applicant has been in existence for one or more years, annual
financial reports, Unless it has not collected any amount from the
members, in which case a statement to this effect shall be included in the
application;
f. Applicant’s constitution and by-laws, minutes of its adoption or
ratification, and the list of the members who participated in it. List of
ratifying members not required where the constitution and by-laws was
ratified during the organizational meeting. In such case, the factual
circumstances of the ratification shall be recorded in the minutes.
Federations and National Unions
I. Where to File – Federations and National Unions operating in more than one
region shall be filed with the Bureau or the Regional Offices
II. Requirements
a. Fifty pesos registration fee
b. Name of the applicant labor union, its principal address, the name of its
officers and their respective addresses
c. Minutes of the organizational meeting(s) and the list of employees who
participated in the said meeting(s)
d. If the applicant has been in existence for one or more years, annual
financial reports, Unless it has not collected any amount from the
members, in which case a statement to this effect shall be included in the
application;
e. Applicant’s constitution and by-laws, minutes of its adoption or
ratification, and the list of the members who participated in it. List of
ratifying members not required where the constitution and by-laws was
ratified during the organizational meeting. In such case, the factual
circumstances of the ratification shall be recorded in the minutes.
f. Resolution of affiliation of at least ten (10) legitimate labor
organizations, whether independent unions or chartered locals, each of
which must be a duly certified or recognized bargaining agent in the
establishment where it seeks to operate; and
g. Name and addresses of the companies where the affiliates operate
and the list of all the members in each company involved
Affiliated Unions
I. Where to File – with the Regional Office that issued its certificate of registration.
II. Requirements
a. Report of Affiliation
b. Resolution of the labor union’s board of directors approving the affiliation.
c. Minutes of the general membership meeting approving the affiliation.
d. Total number of members comprising the labor union and the names of
members who approved the affiliation.
e. Certificate of affiliation issued by the federation in favor of the
independently registered labor union.
f. Written notice to the employer concerned if the affiliating union is the
incumbent bargaining agent.
Chartered Local – refers to a labor organization in the private sector operating at the
enterprise level that acquired legal personality through registration with the Regional
Office
I. Where to File – Regional Office where applicant principal operates
II. Requirements:
a. Charter Certificate
i. A duly registered federation or national union may directly create a
local/chapter by issuing a charter certificate indicating the
establishment of the local/chapter.
b. The names of the local/chapter’s officers, their addresses, and the
principal office of the local/chapter
c. The chapter’s constitution and by-laws provided, that where the chapter’s
constitution and by-laws are the same as that of the federation or the
national union, this fact shall be indicated accordingly.
d. NOTE: The genuineness and due execution of the supporting
requirements (b and c) shall be certified under oath by the Secretary or
Treasurer of the local/chapter and attested to by its President.”
