Labor Ii Lecture.docx

ULP – discrimination against employee by reason of testimony 1. Violation of civil right - Labor Arbiter 2. Criminal aspect - Regular Court Can not be filed both in LA & RC simultaneously

Elements of ULP 1. Er-ee relationship 2. Act of ULP

Guilty party 1. Employer – the guilty officers 2. Labor Organizations – Officers & members ULP prescribes in 1year

EMPLOYER (VIC P. DY) 1. Violation of duty to bargain Before the CBA – Wages, Hours of work or Other terms & condition of employment When the CBA is in existence – duty to respect the CBA 2. Violation 3. Intimidation (Interference) 4. Contracting out services 5. Company domination of a union 6. Paid negotiation 7. Discrimination (exc. Union security clause) 8. Discrimination because of testimony 9. Yellow dog condition LABOR ORGANIZATION

CBA procedures 1. There must be written notice embodying their proposals DEADLOCK – work stoppage / strike 2. F

Jurisdictional precondition 1. Majority representation 2. Certification of majority representation 3. Demand to bargain

CBA commences 12months after the certification of EBR – Certification Year CBA is a contract hence there must be a meeting of minds, except Arbitral Award