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77 Cards in this Set
- Front
- Back
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What organizations are entitled to a certificate of registration
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A federation, national union or industry or trade union center or an independent union
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Membership requirement if the applicant is an independent union
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At least twenty percent (20%) of all the employees in the bargaining unit where it seeks to operate;
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What organizations may create a local chapter
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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.
The chapter shall acquire legal personality only for purposes of filing a petition for certification election from the date it was issued a charter certificate. |
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Grounds for Cancellation of Union Registration
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(a) Misrepresentation, false statement or fraud in connection with the adoption or ratification of the constitution and by-laws or amendments thereto, the minutes of ratification, and the list of members who took part in the ratification;
(b) Misrepresentation, false statements or fraud in connection with the election of officers, minutes of the election of officers, and the list of voters; (c) Voluntary dissolution by the members. |
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How may a registration of a legitimate labor organization be cancelled.
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That at least two-thirds of its general membership votes, in a meeting duly called for that purpose to dissolve the organization:
Provided, further, That an application to cancel registration is thereafter submitted by the board of the organization, attested to by the president thereof. |
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Effect of Inclusion as Members of Employees Outside the Bargaining Unit.
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The inclusion as union members of employees outside the bargaining unit shall not be a ground for the cancellation of the registration of the union. Said employees are automatically deemed removed from the list of membership of said union.
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Right of "employees and workers" to self-organization include:
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Right to form, join, assist (FJA) a labor organization for the purpose of collective bargaining
Right to engage in lawful concerted activities: (1) for the purpose of collective bargaining (2) for mutual aid and protection |
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Who may unionize for the purpose of collective bargaining
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All persons employed in commercial, industrial and agricultural enterprises and in religious, charitable, medical, or educational institutions whether operating for profit or not, shall have the right to
(1) collective bargaining (2) concerted activities - strike, picket Ambulant, intermittent and itinerant workers, self-employed people, rural workers and those without any definite employers may form labor organizations for their mutual aid and protection. |
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Who cannot form, join or assist labor organizations
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a) By law:
1. Managerial employees 2. Government employees and employees of GOCCs with ORIGINAL charter b) By jurisprudence: 1. An employee of a cooperative who is a member and co-owner thereof 2. Confidential employees who become AWARE OF MANAGEMENT POLICIES relating to LABOR RELATIONS |
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Confidential employees are defines as
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(1) Those who assist or act in a confidential capacity, (2) to persons who formulate, determine, and effectuate management policies in the field of labor relations.
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Employee
Article 212(e) |
Includes any person acting in the interest of an employer
Directly or indirectly Shall not include a labor organization or any of its officers or agents EXCEPT when acting as an employer |
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Labor Organization
Article 212(g) |
Any union or association of employees
Exists, in whole or in part, for the purpose of collective bargaining OR of dealing with employers concerning terms and conditions of employment |
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Legitimate Labor Organization
Article 212(h) |
Labor organization duly registered with DOLE
AND includes any branch or local thereof |
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Managerial Employee
Article 212(m) |
One who is vested with the powers or prerogatives to LAY DOWN and EXECUTE management policies
AND/OR Hire, transfer, suspend, lay-off, recall, discharge, assign or discipline employees |
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Supervisory Employees
Article 212(m) |
Those who, in the interest of the employer, effectively RECOMMENDS such managerial actions
if the exercise of such authority is NOT merely routinary or clerical in nature but requires the use of INDEPENDENT judgment |
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Rank and file employees
Article 212(m) |
All the employees not falling within the definitions of Managerial and Supervisory employees as provided in Article 212(m)
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Lockout
Article 212(e) |
Any TEMPORARY refusal of an EMPLOYER to furnish work as a result of an industrial or labor DISPUTE
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Requirements upon the execution of a CBA
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Submit copies to the BUREAU or the REGIONAL OFFICE of the Department of Labor for registration
Verified proofs of its posting in two conspicuous places in the place of work Ratification by the majority of ALL the workers in the BARGAINING UNIT |
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Contract Bar Rule
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While a valid and REGISTERED CBA is subsisting for a fixed period of 5 years, the Bureau is NOT allowed to hold an election contesting the majority status of the incumbent union
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Freedom period
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Exception to the contract bar rule
60-day period PRIOR to the expiration of the CBA |
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Period when the ECONOMIC CONDITIONS of the CBA may be renegotiated
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Not later than 3 years.
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Retroactivity of the renegotiation
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When renegotiated and signed WITHIN 6 months from their termination and expiration become retroactive the day AFTER the expiration
If BEYOND 6 months, the retroactivity will depend upon the AGREEMENT of the parties |
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Union
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Any labor organization in the private sector organized for COLLECTIVE BARGAINING and for OTHER legitimate purposes
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Independent Union
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Any labor organization operating at the ENTERPRISE level whose legal personality is derived through an INDEPENDENT action for registration with the BLR
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Exclusive Bargaining Representative
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LEGITIMATE labor union DULY RECOGNIZED OR CERTIFIED as the SOLE and EXCLUSIVE bargaining agent of ALL the employees in a bargaining unit
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National Union/Federation
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Any labor organization with at least 10 locals/chapters each of which must be a duly certified or recognized COLLECTIVE BARGAINING AGENT
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Creation of a local chapter by the National Union/Federation
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By issuing a CHARTER CERTIFICATE indicating the establishment of a local chapter
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Legal personality of a local chapter of a National Union/Federation
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ONLY for the purpose of filing a PETITION FOR CERTIFICATION ELECTION from the date it was issued a charter certificate
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Operative act which gives rights to a labor organization
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Registration with the BLR
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When a local union may disaffiliate from the federation
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GR
Only during the 60-day FREEDOM PERIOD immediately preceding the expiration of the CBA EX Disqualification by MAJORITY |
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Disqualification by majority
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Even before the freedom period, disaffiliation may still be carried out, but such disaffiliation must be effected by a MAJORITY of the union members in the BARGAINING UNIT
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Grounds for Cancellation of Union Registration
Art. 239 |
1) Misrepresentation, false statements, or fraud in connection with the ADOPTION or RATIFICATION of the CONSTITUTION and BY-LAWS or AMENDMENTS thereto, the MINUTES of the ratification and the LIST OF MEMBERS who took part in the ratification
2) 1) Misrepresentation, false statements, or fraud with the ELECTION of officers, MINUTES of the election and the LIST of voters 3) VOLUNTARY DISSOLUTION by the members |
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Requisites for voluntary cancellation of registration of a legitimate labor organization
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1) 2/3 vote of its GENERAL MEMBERSHIP. in a meeting duly called for that purpose
2) Application to cancel is submitted with the board of the organization attested by the president |
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Levy of special assessment or extraordinary fees requirements
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1) Written resolution
2) approved by a MAJORITY of ALL the members at a general membership meaning duly called for that purpose |
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Check-off
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A method of deducting from an employee's pay, at the prescribed period, the amounts due to the union for fees, fines and assessments
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Rules with regard to check-offs
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GR: NO special assessment, attorneys fees or any other extraordinary fees maybe checked off without
1) INDIVINDUAL WRITTEN authorization 2) Duly SIGNED by the employee EX 1) MANDATORY ACTIVITIES 2) When NON-MEMBERS avail of the BENEFITS of the CBA |
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How is a special assessment approved
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By a WRITTEN RESOLUTION approved by MAJORITY of ALL the members in a meeting duly organized for that purpose
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Automatic Review Clause
Art 253 |
CBA shall remain effective and enforceable EVEN AFTER the expiration of the period fixed b the parties as long as NO agreement is reached by them
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What may be done during the 60-day freedom period
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1) DISAFFILIATE from the mother union
2) EITHER party can serve a written notice to TERMINATE or MODIFY the agreement 3) Petition for CERTIFICATION ELECTION |
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Substitionary Doctrine
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Where there occurs a SHIFT in the employees union allegiance
AFTER the execution of a collective bargaining contract with the employer the contract continues to BIND the employees up to its expiration date |
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Duration of the CBA
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1) 5 years with respect to the REPRESENTATION aspect
2) With respect to other provisions (economic and non-economic), the same may last for a period of 3 years AFTER the execution of the CBA |
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Who are authorized to issue injunctions or restraining orders
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1) NLRC or any division (Art. 218)
2) President, in case of labor dispute in industries which are indispensable to national interest 3) Secretary, in case of labor dispute in industries which are indispensable to national interest |
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Bargaining Unit
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Group of employees of a given employer compromised of ALL or LESS THAN ALL the entire body of employees
best suited to serve the RECIPROCAL rights and duties of parties under the collective bargaining law |
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Four factors in determining the appropriate bargaining unit
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1) Globe Doctrine - express the will or desire of the employees
2) Community of Interest Doctrine 3) Prior Collective bargaining HISTORY 4) Employment STATUS (e.g. temporary, seasonal and probationary) |
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Methods of determining a bargaining unit
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1) Certification Election
2) Consent Election 3) Voluntary Recognition |
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Certification Election
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Determining by SECRET BALLOT
the SOLE and EXCLUSIVE bargaining agent in an appropriate bargaining unit for the purpose of COLLECTIVE BARGAINING |
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Consent Election
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VOLUNTARY AGREEMENT of the parties with or without the intervention of DOLE
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Grounds for Dismissal of the Petition for Certification Election
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1) NOT listed in the department's registry of legitimate labor unions or its legal personality has been REVOKED
2) Filed before or after the FREEDOM PERIOD 3) Petition was filed within 1 year from the entry of VOLUNTARY RECOGNITION or a VALID CERTIFICATION, CONSENT or RUN-OFF ELECTION and NO APPEAL is pending 4) A duly certified union has commenced or sustained NEGOTIATIONS with the employer or there exists a DEADLOCK 5) In case of an ORGANIZED establishment, failure to submit the 25% support requirement |
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Voluntary Recognition
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Employer recognizes the labor organization as the EXCLUSIVE bargaining agent of the employees in an appropriate bargaining unit
The labor organization must be supported by at least a MAJORITY of the employees in the BARGAINING UNIT Available only in UNORGANIZED establishments |
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Run-off election
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Takes place between TWO unions who received the two HIGHEST number of votes
THREE or more choices NOT one of the unions obtained the MAJORITY of the votes cast Total union votes is at least 50% of the VOTES CAST |
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Re-run election
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Two instances
1) One choice receives the PLURALITY and the remaining results in a TIE 2) ALL choices received the SAME number of votes NO UNION is also a choice in both instances |
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25% consent signature
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Petition for Certification Election must be supported by WRITTEN CONSENT of at least 25% of ALL the employees in an appropriate BARGAINING UNIT
Applicable ONLY in ORGANIZED establishments |
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Contract Bar Rule
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Subsisting VALID and REGISTERED CBA
BLR is NOT allowed to hold an election contesting the majority status of the incumbent EXCEPT during the 60-day FREEDOM PERIOD |
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Deadlock
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IMPASSE
presupposes good faith BARGAINING did NOT conclude in an agreement |
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Deadlock Bar Rule
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A petition for certification election CANNOT be entertained if there is a BARGAINING DEADLOCK involving an incumbent or CERTIFIED BARGAINING AGENT
submitted to CONCILIATION or ARBITRATION or has become a valid NOTICE of STRIKE or LOCKOUT |
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Negotiation Bar Rule
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A petition for certification election CANNOT be entertained if the DULY CERTIFIED UNION has commenced NEGOTIATIONS with the employer
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Certification Year Rule
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NO petition for certification maybe filed within ONE YEAR from the date of a VALID
CERTIFICATION CONSENT or RUN-OFF election or from the date of VOLUNTARY RECOGNITION |
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Strike
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TEMPORARY stoppage of work
by the EMPLOYEES as a result of a LABOR DISPUTE |
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Picketing
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MARCHING to and fro
the employer's PREMISES usually accompanied by PLACARDS and SIGNS MAKING known the facts involved in a LABOR DISPUTE |
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Types of Strikes
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1) Economic Strikes - used to secure economic demands (Deadlock)
2) ULP Strikes - protest against ULP of management |
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Economic Strike (Deadlock) v. ULP Strike
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Initiated by
ES: Collective Bargaining Agent US: Collective Bargaining Agent or Legitimate labor organization in behalf of its members Cooling off period ES: 30 days from the filing of the NOTICE of strike subject to the 7-day strike ban US: 15 days from the filing of the NOTICE of strike subject to the 7-day strike ban Exception to the cooling off period ES: No exception UP: Dismissal of the officers of the union--constitute union busting Strike Duration Pay ES: No work, no pay US: May be awarder at the DISCRETION of the AUTHORITY deciding the case |
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Strike vote
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A requirement wherein the decision to declare a strike must be
Approved by a MAJORITY of the TOTAL UNION membership in the BARGAINING UNIT concerned (not the whole bargaining unit) SECRET ballot |
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Strike Ban
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7-day WAITING period before the date of the strike
submit a report to the DEPARTMENT give the department an opportunity to VERIFY if the strike carries the majority vote of the union |
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Striker not entitled to reinstatement
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1) Union OFFICERS who KNOWINGLY participate in an illegal strike
2) Union members who joined an illegal strike and COMMITTED any ILLEGAL act |
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Right to Self-Organization
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1) To FORM, JOIN, ASSIST labor organizations for the purpose of COLLECTIVE BARGAINING through representatives of their own choosing
2) To engage in a LAWFUL CONCERTED activities for their MUTUAL AID and PROTECTION |
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Persons eligible to join a labor organization for purposes of collective bargaining
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1) All persons employed in
COMMERCIAL, INDUSTRIAL, and AGRICULTURAL enterprises including employees of GOCCs WITHOUT original charters established under the corporation code 2) In RELIGIOUS, CHARITABLE, EDUCATIONAL or MEDICAL institutions whether for profit or not |
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Persons eligible to join a labor organization for mutual aid and protection
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Ambulant (mobile workers)
Intermittent (irregular workers) Rural Self-employed Itinerant (working for a short time in various places) Workers without definite employees |
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Employees not granted the right to S.O.
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1) Managerial employees
2) Members of the AFP, including police officers, policemen, firemen and jail guards 3) Confidential employees who become AWARE OF MANAGEMENT POLICIES relating to LABOR RELATIONS 4) Employees of cooperatives who are MEMBERS at the same time 5) Employees of GOCCs with original charters 6) Non-employees 7) Aliens without valid permits or with valid but it does not conform with the rule of reciprocity 8) High-level or managerial government officials |
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Elements Unfair Labor Practice
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1) Employer-Employee Relationship
2) Act done is expressly identified in this code as unfair labor practice Prohibited acts are all related to the right to SELF-ORGANIZATION and the observance of the CBA Except 248[f]--dismissing or prejudicing an employee for giving TESTIMONY under the code |
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Prescriptive period of ULP
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ONE year from the accrual of the ULP act
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What may be committed by the employer
Art 248 |
1. INTERFERENCE with the employees right to SO
2. Yellow Dog Condition - require, as a condition of employment, that an employee shall not join a LO or shall withdraw from one 3. CONTRACTING OUT services performed by members of the union--retrain the employees the exercise of their right to SO 4. Company Dominated Union 5. DISCRIMINATION in order to encourage or discourage any member of a union 6. Discrimination because of TESTIMONY 7. Violation of Duty to Bargain 8. Paid Negotiation - to pay for negotiation or attorneys fees as part of settlement in any issue 9. Violation of the CBA - must be GROSS |
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Close Shop Agreement
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Employee undertakes NOT to employ any individual
who is NOT a member of any contracting union employee must REMAIN a member in good standing |
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Unfair labor practices of a labor organization
Art 249 |
1. Restrain or coerce any employee in the exercise of their right to S.O.
2. To cause or attempt to cause an employer to DISCRIMINATE with respect to membership 3. To violate the DUTY to bargaing 4. EXACTION - To cause or attempt to cause an employer to PAY for services not performed 5. TO ask for or accept negotiation fees as part of the settlement of any issue |
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Blue Sky Bargaining
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Making EXAGGERATED or UNREASONABLE proposals
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Surface Bargaining
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Going through the motions of bargaining WITHOUT any legal intent to reach an agreement
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Sweetheart Doctrine
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Ask for or accept NEGOTIATION or ATTORNEY'S FEES from the employer as part of the SETTLEMENT of any issue
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Collective Bargaining
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Obligation to meet and convene
in GF for the purpose of negotiating and agreement with respect to WAGES HOURS OF WORK and all other TERMS AND CONDITIONS of employment including proposals for adjusting GRIEVANCES or QUESTIONS |
