Labor Law Rerview Midterms.docx

LABOR LAW RERVIEW MIDTERMS  TO FORM A UNION a. Unorganized Establishment –at least 20% of all the employees in the bargaining unit. b. Organized Establishment –at least 20% of all the employees in the bargaining unit.  TO REGISTER A UNION a. Unorganized Establishment - Constitution and by-laws - Annual Financial Report (if in existence for more than 1 year) - Principal Address of Union - Officers’ names and addresses - Registration fee of Php 50 - Names of Workers Constituting 20% of the appropriate bargaining unit b. Organized Establishment - Constitution and by-laws - Annual Financial Report (if in existence for more than 1 year) - Principal Address of Union - Officers’ names and addresses - Registration fee of Php 50 - Names of Workers Constituting 20% of the appropriate bargaining unit  TO FILE A PETITION FOR CERTIFICATION ELECTION a. Unorganized Establishment – filing of a petition by a LLO (Legitimate Labor Organization) b. Organized Establishment – at least 25% of all employees in the bargaining unit.  TO HAVE A VALID CERTIFICATION ELECTION a. Unorganized Establishment b. Organized Establishment – at least a majority of the ABU must cast their vote. (50% + 1)  TO DECLARE A WINNER AS SEBA a. Unorganized Establishment – receiving the majority of the valid votes cast. (50% + 1) If no winner. Run-off Election. b. Organized Establishment – receiving the majority of the valid votes cast. If no winner. Run-off Election.  TO WIN IN A STRIKE VOTE a. Unorganized Establishment – majority of union members b. Organized Establishment – majority of union members  TO RATIFY A COLLECTIVE BARGAINING AGREEMENT a. Unorganized Establishment b. Organized Establishment - by the majority of the employees in the bargaining unit  ORGANIZED ESTABLISHMENT - refers to a firm or company where there is a recognized or certified exclusive bargaining agent.  UNORGANIZED ESTABLISHMENT – there is no certified bargaining agent.  REPRESENTATION ISSUE Art. 256. Representation issue in organized establishments. — In organized establishments, when a verified petition questioning the majority status of the incumbent bargaining agent is filed before the Department of Labor and Employment within the sixty-day period before the expiration of the collective bargaining agreement, the Med-Arbiter shall automatically order an election by secret ballot when the verified petition is supported by the written consent of at least twenty-five (25%) percent of all the employees in the bargaining unit to ascertain the will of the employees in the appropriate bargaining unit. . . .

 CONSENT ELECTION – means the election voluntarily agreed upon by the parties to determine the issue of majority representation of all the workers in the appropriate collective bargaining unit.  BY-STANDER RULE – According to the Supreme Court, the employer’s role in a certification election is that of a mere by-stander, as the choice of a collective bargaining agent is the sole concern of the employees. The employer has no legal standing in a certification election as it cannot oppose the petition or appeal the orders related thereto. While employers may rightfully be notified or informed of petitions of such nature, they should not be considered parties with the concomitant right to oppose it. Otherwise stated, the employer has no material interest to assail the certification election and cannot be considered a party with an inalienable right to oppose it. - E: employer files for a petition for C.E.  VALID RUN-OFF ELECTION – when an election which provides for 3 or more choices results in no choice receiving a majority of the valid votes cast, a run-off election shall be conducted between the labor unions receiving the 2 highest number of votes. a. Requisites: - There was a valid Certification Election; - There were at least 3 choices; - None of the choices received majority of the valid votes; - Run-off is for Unions only. “No Union” is eliminated. - Total number of votes of all contending unions is at least 50% of the total votes cast.  CONTRACT BAR RULE - a certification election cannot be held if there is in force and in effect a collective bargaining agreement that has been duly registered with the Department of Labor and Employment except during the freedom period of such CBA which is the 60-day period prior to the expiry date of said CBA.  DEADLOCK BAR RULE a. Deadlock – state of inaction or of neutralization caused by the opposition of persons or factions; or an occurrence where there is complete blocking or stoppage resulting from the action of equal and opposed forces. b. Deadlock Bar Rule - a certification election can not be held if a bargaining deadlock to which an incumbent or certified bargaining agent is a party had been submitted to conciliation or mediation or had become the subject of a valid notice of strike or lockout.  FREEDOM PERIOD – 60 days preceding certification election or expiration of 5 year representation status  MUTUALITY OF INTERESTS RULE – the employees sought to be represented by the collective bargaining agent must have substantial mutual interests in terms of employment and working conditions as evinced by the type of work they perform. It is characterized by similarity in employment status, same duties and responsibilities and substantially similar compensation and working conditions.

 SUBSTITUTIONARY DOCTRINE – principle in labor law stating that even the effectivity of a CBA, the employee can change the SEBA but the contract continues to bind them.  CLOSE SHOP – is a form of union security. The employer agrees to hire union members only. Further, these employees must remain members of the union at all times in order to remain employed.

 BLUE SKY BARGAINING – exaggerated or unreasonable proposals.  SURFACE BARGAINING – going through the motions of negotiating without any legal intent to reach an agreement. (Standard Chartered Bank vs Confesor)

 BOULWARISM – Take-it or leave it style in bargaining  WILD CAT STRIKE – is a strike action undertaken by unionized workers without union leadership's authorization, support, or approval.

 YELLOW DOG CONTRACT – is an agreement between an employer and an employee in which the employee agrees, as a condition of employment, not to be a member of a labor union.  FEATHER BEDDING – the practice of hiring more workers than are needed to perform a given job, or to adopt work procedures which appear pointless, complex and time-consuming merely to employ additional workers.

 5 DIMENSIONS OF STATE PROTECTION I. State protects labor from the abuses of employers II. State protects labor from both the excesses and negligence of its own union, federations and officials III. State protects labor from its own protectors, the government and bureaucracies IV. State also protect labor from its other protectors, some lawyers V. State protects labor from its own errors, misjudgment and imprudence  PREROGATIVE TO LAY DOWN POLICY BY EMPLOYER VS PARTICIPATION IN POLICY-MAKING BY EMPLOYEE - Property ownership allows the owner the prerogative to manage his property in the manner he may deem fit under the circumstances. Management prerogatives are acts by which one directing a business is able to control the variables thereof so as to enhance the chances of making a profit. The prerogative to lay down and execute management policies as well as the prerogative to discipline employees are subject to statutory conditions which are designed to protect the rights of employees to, inter alia, security and organization. - The worker’s constitutional right to participate: “employees shall participate in policy and decision-making process affecting their rights and benefits”. - PAL vs NLRC: For a policy to be implemented, all that is required is discussion and review and to distribute copies to all employees. It is thus clear that the requirements for workers’ participation is sufficiently complied with when discussions were done by management and employees.  GROUNDS FOR DISSOLUTION OF UNION a. Failure to: - Submit documents - Submit annual financial report - Submit list of members - Comply with art. 237 and 238 b. Acting as a labor contractor c. Checking off of special assessment without – individual authorization d. Entering into a “sweetheart CBA” (CBA which provide terms and conditions of employment below minimum standards established by law) e. Misrepresentation in the: - Adoption/ratification of CBL - Election of officers f. Asking for negotiation/ attorneys’ fees  EMPLOYEES WHO CANNOT BE A MEMBER OF THE UNION a. High level government employees b. Employees of COOP who are members c. Managerial employees

d. e. f. g.

AFP and Police Personnel Confidential Employees Employees of Int’l Organizations with Immunity Non-employees (E: Terminated employees who are contesting their termination)

 CONTRACT BAR RULE – The 5 year representation status acquired by an incumbent bargaining agent shall not be affected by a subsequent collective bargaining agreement executed between the same bargaining agent and the employer during the same 5 year period. - E: Freedom Period (60 day period immediately preceding the expiry date of such 5 year term)  NO STRIKE CLAUSE – GR: Not allowed ; E: Only allowed in economic issue but not in political issue.  RUNAWAY SHOP – it is unlawful for an employer to relocate to a non-union facility solely to avoid its employees’ decision to unionize. - Remedy: runaway strike  ELECTION OF UNION  INTRA UNION