MIL Labor Law Essentials by Pyke Laygo

PRO HONORUM ET GLORIAM

LABOR LAW ESSENTIALS 

From Dean Salvador Poquiz lecture (Overview of Labor Law)

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During the 2010 Arellano Law Bar Review Program

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W ith ith special emphasis on

Labor Relations

CONSTITUTIONAL PROVISION y

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Art. 13 ² Rights of worker o Rights to self organization organization o Rights to living wage Right to collective bargaining or negotiation n egotiation o Right to security of tenure o o Right to just and humane condition of work Right to engage in peaceful concerted activities o Right to strike in accordance with law o o Right to participate in formulation of policy and decision making processes with the the management (Principle of co-determination, principle of shared responsibilities) responsibilities) o Right to profit sharing benefits Art. 12, Sec.6 Principle of Distributive Justice ² defusing, regulate the enjoyment en joyment of o property ownership for the common good via the power of eminent domain. Art. 19, Sec.5 ² right to self organization organization of government o Cannot have CBA but can have CNA Art. 19, Sec. 2 (1) ² Scope of Civil Service Chartered government corp., governed by CSC o Subsidiary of chartered government corp. organized under o Corporation Code, LC.(Corporate offspring)

TYPES OF EMPLOYEES 1. y

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Regular employees Whether continuous of broken, so long as the employment is for more than one year, regular employment. Constant Rehiring, renewal of contract plus one year = regular employment

Pyke Laygo Men in Law Fraternity and Sorority Arellano University School of Law

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Necessary and desirable to the usual business or trade of the employer Usual trade and business = main undertaking of the employer Expiration of the training period Training Period o  For Apprentice ² not more than 6 months but not less than 3 months Combo of Theoretical Instruction plus OJ T(Practical application) The apprenticeship period is considered as the probationary period Double apprenticeship is not allowed (apprenticeship plus probationary period). It is against public policies. pol icies. Apprentice is entitled to not less than 75% of the minimum wage as issued by the wage board. Q: Is the apprentice entitled to full month pay? A : Upon the e xpiration of the apprenticeship period or if the training company availed of the ta x deduction deduction scheme for apprenticeship salary, must pay 100%. Learnership ² engaged in non ² apprenticiable or less skilled  work, OJT plus optional theoretical instruction Not less than 3 months No double learnership, period is probationary period Fi x xed at 75% of minimum wage as per wage order Once taken in after learning period, entitled to full compensation  Disabled/Handicapped ² maybe regular employee if employed in a job which is usually necessary and desirable to the usual trade of business of the employer which his performance is not affected by his disability. Age, Physical, mental and sensory defects Nature of Training ² as an apprentice or learner ² apply the rule y

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NB: Q: Who has juris diction over learnership an d apprenticeship disputed? A: Plant Committee then Department of Labor an d Employment. Labor Arbiter has no jurisdiction. (PAL vs Pano)


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Probationary Employment Period can be less than si x months, if favorable to the employee as provided for the employer. SC: 18 months probationary period can be warranted when the job required e xtensive training. The law provides for si x months. During this period, employees are required to comply with the employer·s standards. Probation e xtension: allowed when agreed upon by the parties when necessary to comply with the probationary standards of the employer. What is prohibited is double probation. But after the e xtension, the employee still have not reached the standards, employer can terminate the employee. Seasonal Employment From season to season Performing the same task Project Employment Hired for specific undertaking or project Upon termination of project, automatic cessation of employer and employee relationship Q: What if there is illegal dismissal during the project? Answer : Reinstatement during the period of the project and back wages but only during the term of the project. Q; when can a project employee be a regular employee? A : Employers are required to submit termination report of the project to the nearest to the DOLE Office, failure to do this would make project employees as regular employee. Non - project Employees Hired without reference to a specific project or job. Hence, they belong to a work pool. Q: Are they required to go under probationary period? A : Yes. They will be assigned to various projects or phase of such.

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Term Employees Contractual employees


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signing of the contract, employees knew when it will e xpire Once rehired, they will morphed into regular employment. EXPTN: Seamen, even if rehired cannot be regular employees (Millares vs NLRC) Casual Employees Activity performed is not usually necessary or desirable in the usual business or trade of the ER (not regular); not project; not seasonal. He is uniquely regular because his ´regularnessµ attaches only to the particular activity that he has been doing while still a casual.

Prescriptive Period: 1. Purely Money Claims ² 3 years 2. Criminal cases under L C -3 years, as a general rule.  Exemptions are: a. Simple Illegal Recruitment ² 5 years b. Qualified Illegal Recruitment - 20 years 3. ECC Cases -3 years 4. Illegal Dismissal ² 4 years 5. GSIS Claims ² 4 years  Exemption: Payment of premium, its 20 years.(S C) 6. SSS Claims ² for payment of premiums, 10 years 7. Se xual Harassment ² 3 years but S C, no prescription, even after four years. Requirements for Appeal 1. Payment of appeal fee Jurisdictional requirement ² no payment, appeal will be dismissed o for lack of jurisdiction 2. Submission of memorandum of appeal to LA a quo who will submit it to the NLRC office which has appellate jurisdiction over the LA a quo. The NLRC Commissioner can notify the parties to have amicable o settlement base on Art. 221 of L C. o No amicable settlement, proceed with decision. o When affirmed in toto, reinstated to the payroll. Losing party, file Motion for Reconsideration. Only one MR is o allowed. This is a condition sine qua non for filing of certiorari. (St. Martin·s Funeral Home vs. NLRC) Pyke Laygo Men in Law Fraternity and Sorority Arellano University School of Law

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o

When

MR denied, file a certiorari under Rule 65 to

CA

within 60

days. o When Certiorari was denied or unfavorable, file MR again, then when denied thus upholding NLRC decision, certiorari to S C. o SC can only review question of law, but can review question of facts when 1. When decision of LA, NLRC and C A are contrary, in collision or diametrically opposed to each other.(S C) o Filing and reckoning period Reckoning Period: Upon receipt of the counsel of record Philpost: The date of mailing, date of filing Private Carrier : The date of receipt of private party, date of filing 3. Pay appeal Bond o Cash and surety bond only, but UERM Case: Property bond can be posted provided it is sufficient to cover the monetary award Bank certification, irrevocable bank guarantee are not allowed Q: Can you file a motion to reduce bond? A ; Yes, but it must be coupled with the payment of the reasonable amount of the bond. Without the payment, the period will not be tolled. y

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JURISDICTION Exclusive

OF LABOR ARBITER

and Original Jurisdiction 1. Unfair labor practices 2. Termination cases 3. Big Money claims, 5k up More than 5k, LA has jurisdiction i. EXPTN: B ig Money Claims bore out of the power of inspection of Secretary of Labor. ii. Power of inspection ² by Sec. of Labor via the Regional Director or his representatives. Can be done moto propio or by a Labor Standards Complaint of an employee supported by 20% of all the employees of the employer/plant. y


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1.

Enforcement

Order has the force and effect of a writ of e xecution. 2. When amount is contested: If the pieces of evidence are readily available in the ordinary course of inspection, the Regional Office retains jurisdiction. If not, it will be transmitted for compulsory arbitration to the Regional Arbitration Branch of the NLRC, thus LA. 4. Small money claims with demand for reinstatement 5k or less, but with claim for reinstatement. Without demand for reinstatement, Regional Director. Thus his decision is appealable directly to the NLRC. 5. Other cases involving employer ² employee relationships Causal relation between employer ² employee. Without this, regular courts will have jurisdiction. Apply the Four Fold Test to determine employer employee i. Selection and engagement of the putative employee ii. Manner of payment of salary or wages iii. Presence or absence of the power of dismissal iv. Presence or absence of the power control 1. Has primacy over all other 2. Q: Are all kinds of control indicative of EEEM relationship? A: No. If there is lesser control, no relationship. More control, there is relationship (Jay Sonza case) 3. Other test in determining relationship. Economic relations test ² Sevilla vs. CA: prevailing economic The relationship of employer and employee can be indicative of a relationship. y

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Q: Are there instances when there is

no formal contract of employment but the law mandates the e xistence of employer ² employee relationship? A: Yes. 1. In cases of labor only contracting. As penalty, actual employer deemed as employer of the contractual employee, the contractor will be deemed as the agent of the former. Can contractual Q: employees form a union in the actual employer·s premises when there is a labor only contracting? A.1 : Yes, because the law mandates that the actual employer is the employee of the contractor·s employee. A.2: In cases of Working Scholars ² under the law, the agreement, no employer ² employee relationship. Requirements: There must be a real opportunity to finish the course. NB: For purposes of civil damages, the working scholar will be treated as employee and the school as an employer, particularly in quasidelics. 6. Legality of strike and Lockout Strike is the most lethal weapon on employees i. May affect the socio-economic situation of a country that is why there is a law on strike. ii. Requirements to stage a lawful strike y

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1.

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on a valid ground Two Grounds CBA Deadlock ULP Union Busting (w/c is also ULP) Inter/Intra o Union NB: Disputes, wage distortion issues are not strikable issues. 2. Approved by the majority of the total membership of the union through strike voting 3. Filing of a Notice of strike To be filed with NCMB, which will look into the factual grounds of the strike. It will either dismiss it by issuing a preventive mediation order which will have the effect of making the strike illegal if it still undertaken and will convert the issue into a preventive mediation case. Must be filed before 30 days in case of CBA Deadlock and 15 days for ULP. The period is known as the Off Period. Here, the Cooling Grievance Machinery in the CBA will be e xhausted. 7 days after failure of the Grievance Machinery, the issue will be submitted to Voluntary Arbitration conducted by a 3 rd non-partisan person known as the Voluntary Arbitrator whose decision will be appealable to the CA under Rule 43. Principle of Improved Offer ² through secret balloting, union members can y

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choice whether or not to accept the improved offer of the union. Principle of Reduced Offer ² through secret balloting, the BOD or members of the governing body of the company can choice WON to accept the reduced offer of the union. In both cases, it will have the effect of retuning to industrial peace=workers return to work, employer accepts workers and resumes operation. Compulsory Arbitration ² when the government intervenes. Q: During the cooling off period, officers of the union were dismissed that seems to tantamount to union busting. May the union immediately strike? A: SC: If there is union busting and the union has already complied with the 24 hour prior notice rule, 7 day strike report and the notice of strike has already been submitted, then a strike can be staged. 4. Compliance of the 24 hour prior notice rule of strike vote Separate notice to DOL E and employer of the place, time and date of the strike vote 24 hours before it is staged. 5. Submission of the strike vote report Must be submitted 7 days before the strike. Q: What if the strike vote was submitted during the cooling off period? A. : The strike vote 7 day y

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period must be reckoned from the e xpiration of the cooling off period. 6. Compliance of the doctrine of means and purposes The purpose of the strike must be legal and the means to attain the purpose must be also legal . (e.g. uttering libelous remarks during the strike. Thus, commission of illegal acts during a lawful strike, the strike can be declared illegal.) 7. For Hospitals and Medical Institutions : designation of an effective skeletal force. NB: Officers of the union is liable for dismissal for masterminding the illegal strike. Basis: Doctrine of Vicarious Liability. Members of the union who actively participated in the illegal strike will also be liable for dismissal. Are the abovementioned Q: dismissed employees entitled to back pay? A: As a general rule, no. Reason: No work, no pay. But if they are: Discriminatorily dismissed Illegally locked out by employer the workers When unconditionally offer to return to work but they were denied to return to work«. «they can return to work Once a strike is declared legal, the workers cannot be liable for damages that occurred during the y

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strike based on the doctrine of damnum absque injuria. You must be unionized (legitimate, registered) before your strike can be declared legal. Q: Can a union not registered conduct a Certification election? A: Yes, in case of a local chapter issued with a chapter certificate. Here the charter member was issued a charter for purposes of certificate election. Other privileges accorded to a union will be withheld for the meantime until completion of the other requirements. Principle of Comingling ² the rank and file union and the supervisory union of the same company can join the same federation. Q: Can government employees unionize? A. Yes. But they don·t have the power to collectively bargain. They can only have the power to collectively negotiate. They also cannot strike because according to SC, strike of government employees is a civil service offense. They serve the people. If you allow the government employees to strike, it will tremendously affect the delivery of public service. It tantamount ultimately as an assault to the sovereignty. GOCC employees without original charters can unionize and strike. LRTA vs Benus: SC said LRTA is a GOCC with original charter, thus its

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employees cannot strike. However, employees of its subsidiaries or Corporate Offspring of GOCC with or without original charter, can strike. Managerial, and Confidential employees cannot join a labor union and strike. For confidential employee, they must have access to labor relations matters to be disqualified for union membership. Cooperative employees who are also members thereof cannot unionize. Religious Objectors can choose not to join a union. However they can vote in certification election.

Types of Strikes

1. Authorized strikes There must be a strike vote. 2. Unauthorized strikes When the there is no strike vote ² Wild Cat strike 3. General Strike No EE-EM Relationship Welga ng Bayan ² SC a form of Sympathetic Strike Political in Nature Industry wide strike ²e.g. all employees of the air transportation in the RP According to SC, these strikes are unwarranted 4. Lightning Strike Brief strike that was stage in short duration y

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5. Slowdown Strike To reduce company reduction Types I. Sit down ² strikers remain in the plant but they reduce company reduction II. Quickie ² some may remain in the plant or some may be outside the plant 6. Economic Strike Staged as a result of a collective bargaining deadlock 7. ULP Strike Staged in violation of the worker·s right to self organization y

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7. Damages 8. Employees of GOCC without original charter 9. OFW Based on Section 10 of RA 8042 as amended RA 10022 10. Over certain churchmen (pastor, ministers) If it·s purely religious function, LA has no jurisdiction. But if not, it has jurisdiction. 11. Collateral Matters Incidental to the main case Q: Can a LA award attorney·s fees in an illegal dismissal case? A: Yes. When the LA has jurisdiction over the main issue of the case, it has jurisdiction over collateral and incidental matters. 12. 3rd Party Compliant of a party not connected to a Labor case that has been affected by its e xecution. y

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NB. Except as otherwise provi ded by this code. These matters are beyon d the jurisdiction of the Labor Arbiter . 1. Inter/Intra Corporate Disputes Pyke Laygo Men in Law Fraternity and Sorority Arellano University School of Law

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2. Training and learnership agreement disputes 3. Labor cases against company under rehabilitation proceedings 4. International bodies and organizations This will be violative of the convention on protocol and a violation of o its functional immunity. DFA vs C A: ADB is an international organization outside the reach of o LA. 5. Art. 263 (g) ² Assumption power, preemptive power  Provides that the President or Secretary of Labor can assume jurisdiction of a labor dispute involving industries indispensable to national interest for its resolution.  The state and government is a passive party.  Q: Can assumption be moto propio? A : Yes.  Q: Can one of the parties to a labor dispute involving a labor dispute in an industry indispensable to national interest file a motion for assumption? A: Yes, either by the union or the employer.  Once assumption is made, an assumption order will be issued.  Legal effects of assumption order : Once issued, it has the effect of a writ of injunction. A return to work order is deemed written on the assumption order. The workers must report back to work. Failure to do so would mean that they are now engaging in a prohibited/illegal activity. All issues cognizable by the labor arbiter under art. 217 can now be resolved by the assumption officer, when it is raised under assumption. UST Faculty Union vs. UST: Assumption of jurisdiction contemplates actual reinstatement only . Thus, no choice between payroll or actual reinstatement unlike in illegal dismissal. y y

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POWERS AND JURISDICTION OF THE NLRC 1.

Contempt

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Indirect Contempt 1. To be dealt with by the NLRC and its rules. Direct Contempt 1. By the Rules of Court (R71) 2. Injunctive Power

Certification

Power Art. 263 (g) Assumption powers of President and/or Secretary of Labor. The President or the Secretary of Labor, upon assumption, can also certify the labor dispute assumed to compulsory arbitration. Thus, it is certified to the NLRC which will resolve the dispute. Q: Can the labor dispute be certified for voluntary arbitration? A: Yes. If the Secretary of Labor deems it fit for voluntary arbitration. 3. Appellate Power Decisions of LA under Art. 217 Decisions of LA under Art. 128 (b) in relations to contested cases Decisions of LA arbiter in wage distortion in nonunionize companies.  Elements of wage distortion (Pru Bankers Case) i. Existence hierarchy of positions ii. There in an increase in the lower pay class with no corresponding increase higher pay class iii. Abolition of the two groups or classes iv. Wage distortion applies only to the same region  NB: Q: Who has jurisdiction over wage distortion problem?  A: For unionize establishment ² Voluntary Arbitrator y

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For non - unionize establishment

² Labor Arbiter.


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Although wage distortion problems are not strikable, but for failure to pay the increase pursuant to the wage order, the employer will be liable to pay double the amount of the increase under the Doctrine of Double Indemnity. NB:

Decisions of the LA pursuant to Sec. 10 of RA 8042 in cases of OFW. Decisions of the RD of their adjudicatory functions under Art. 129 of LA. Adjudicatory Function o  Indications: 1. Filed by house worker or employee 2. No more employer and employee 3. No more claim for reinstatement 4. Claim is not more than 5k.

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4. Injunctive Power y y

A hearing must be conducted to observe due process. Q: Is there a provision in the L C that a TRO is issued without conducting a hearing by the NLRC? A: Yes, a TRO is a mere interlocutory order. Thus can be issued e x parte. But for injunction, a hearing is in dispensible

ILLEGAL DISMISSAL (Step by step proce dure) y

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File it with the Regional Arbitration Branch of the NLRC which has territorial

jurisdiction over the workplace of the complainant. Mandatory Preliminary Conference. Resort to amicable settlement as per Art. 221 of the L C. Second MP C, if first attempt is not successful. After second MP C, no amicable settlement, LA will mandate parties to submit position papers. SC: Position papers proceedings are not in violation of due process. o Through their papers, they are heard. Plus, technical matters are not binding in labor proceedings being an administrative proceeding.


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Q: Can one of the parties file a motion to have a trial type

proceeding? A: Yes, but subject to the discretion of the LA. When final paper has been submitted, LA has 30 days to decide. Ten calendar days to appeal No appeal, immediately self-e xecutory as to the reinstatement aspect. No need for writ of e xecution. Virgen Shipping case : As to other matters, a writ of e xecution is needed. To be filed after period to appeal e xpired and no appeal is made. After the motion for e xecution, LA will set it for pre-e xecution conference to abbreviate the proceedings as to Art. 221 of L C. If after the pre-e xecution conference, no settlement, proceed to e xecution. Garnishment and levy is allowed when no money to answer for the judgment. 3rd party complaint is cognizable by LA for e xecution. Instances when you can lift or quash the writ of e xecution: o  Issued against a non-party  Issued on account of graft and corruption  Issued on account that the awards is incomplete  Irregularly issued

Doctrine of Immutability of Final Judgment: Final judgments are final and cannot be modified. NB:

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Grounds for Appeal Grave abuse of discretion o Graft and corruption o o Serious errors in the finding of fact o Fraud

COLLECTIVE BARGAINING AGREEMENT y

Q: What are the modes of determining the representation status?

1. Voluntary Recognition ² it requires that there is no other union. Only one union has the support of the majority of the employees. The employer and employee must inform the Regional Director of the DOL E of the fact of the voluntary


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recognition. From date of recognition, the union becomes a legitimate labor organization. o Q: Does the one year bar rule also apply to voluntary recognition? A: Yes, no election can be held, 12 months from the date of the final voluntary recognition election results. 2. Consent election ² the election was agreed upon by two or more union. o Q: Is intervention of DOL E required in consent election? A: No. Intervention is subject to the discretion of workers. o One year bar rule also applies. 3. Certification election ² one which is conducted among three or more union. This is treated as the sole concern of the employees and the employer is a mere by stander and it is the best forum in determining the will of the employees. Sole Concern Rule o o By stander Rule o Best Forum Rule  Majority must vote ² 50% plus one  One of the unions or a no union should have garnered the majority vote. (Second Majority Rule) Provided 50% of the majority validly cast their votes.  A no union may win in certification election. When a no union win, the one year bar rule will still applies.  In consent election, 25 % Subscription or Consent Requirement must be present. If attained, holding of certification election is mandatory, if not discretionary. SC: Even if 25% not attained, consent election can still be held because it is the best way to attain the will of the workers.  Instances when holding of certification election is not allowed: i. Contract Bar Rule ² no CE can be conducted during the lifespan of the CBA e xcept during the 60 day period ( Freedom Period) before Pyke Laygo Men in Law Fraternity and Sorority Arellano University School of Law

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ii.

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the e xpiration of the 5 year life span of the CBA  Exemption to the contract bar rule : a) If the CBA is not registered o Still valid as to parties but a can now be CE conducted. b) If the CBA is incomplete, inadequate or sub standard. (Sweetheart Contract) c) If the CBA is hastily entered into or prematurely e xtended. d) In cases of mass disaffiliation in the bargaining agent. o Can the remaining Q: officers of the union still bargain with the employer? A: Yes. Until and unless it lost in a certification election, it is still the bargaining agent. One Year Bar Rule ² no CE may be held one year after the final result of a prior election. This applies to all election. Deadlock Bar Rule ² a notice of strike is filed with the NCMB which has been the subject of conciliation, mediation, e xhaustion of grievance machineries, improved offer balloting, reduced offer balloting. Charge of Company Union Rule ²SC: If there is charged of company unionism which is an unfair labor practice, it is a prejudicial question which must be resolved first before conducting a certification election. Negotiation Bar Rule ² if there is a collective bargaining negotiation in the company

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premises, it will be a bar for certification election. vi. Appeal Bar Rule ² if there is pending appeal over a decision of the med arbiter elevated to the Secretary of Labor, pending decision, no certification election can be held. 4. Run off or second election Contested between two unions garnering the o highest number of votes in a prior election A no union does not e xist in a runoff election o Contents of a CBA 1. Preamble 2. Union prerogatives 3. Management prerogatives 4. Economic clauses 5. Non ² economic clauses 6. Union Security Clauses 7. Escalator Clause 8. Family planning clauses 9. Union Education Clauses 10. Grievance Machinery Clause 11. Drug Free Provision Clause 12. Separability Clause 13. Effectivity Clause 14. Automatic Renewal Clause 15. No strike, no lock out clauses 1. Q: can the union waive the right to strike? A : Generally, no. EXPT: By inserting in the CBA a ´no strike, no lock out clauseµ Term of CBA 1. As to representation aspects ² 5 years 2. As to renegotiation aspects ² 3 years Q: Upon e xpiration of the CBA, and no new CBA has been agreed upon yet, what will govern? A : Old CBA subsists under the Principle of CBA Continuity. Q: Can the parties agree to suspend collective bargaining for 10 years? A : Yes, in order to provide stability and predictability of collective bargaining agreements for the benefit of both parties .


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SC: The Company can sue employees for violation of a CBA provision. Q: Why do workers unionize? A: 1. In order to have relative equality in the bargaining process with the employer. 2. Security of tenure. 3. Attain ma ximum economic benefits in the collective bargaining agreement. Q: Can a single employee bargain with management? A : Yes, there is no law prohibiting individual bargaining. Q: If an employer is already giving out voluntary benefits, can the employees still demands for 13 th Month Pay? A: It depends. If the amount of voluntary benefits given is equal to the amount of the 13 th Month Pay, no more. But if it·s less, they can. In the event that the CBA is approved, it will govern the company premises or the law of the plant. Thus, the law of the plant is another name for a CBA. Whatever benefits that the CBA may bring, non members of the union are also benefitted. They are not required to pay union dues but they will pay agency fees that will be of the same amount as that of union dues. Payment of the agency fee is known as the agency shop, maintenance of the treasury shop, anti-hitchhiker clause, anti-free ri der clause. Q: Is there still a need for the union and the company to agree to impose agency shop? A: No need. The agency shop agreement is already provided for by law. Doctrine of Union Monopoly/Exclusive Right Rule ² the certified union is the only bargaining agent allowed to bargain with the management to the e xclusion of the other unions in the plant or company premises.

UNFAIR LABOR PRACTICES y

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An act either by the employer or the union, their agent or representatives which violates the constitutional right of the workers to self organization. There must be employer and employer relationship. Instances when ULP can be committed even if there is no EE-EM relationship: 1. When committed by agents or representative 2. Yellow dog contract ² an applicant is made to denounce his membership to a union or promised not to join one as a


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condition for employment. Hence, being an applicant, no employer and employee relationship yet. Two Types of ULP By employer o 1. Interference, restraint , coercion in the formation of a union Discourage the formation or continuation of a union 3 ways of commission i. Economic ii. Psychological iii. Physical 2. Yellow dog contract 3. Discrimination Not per se illegal. Only if it·s designed, calculated to discriminate the officers and members of union with regards to benefits due to all employees. It maybe management prerogative. But if it·s a grand design to undermine the union, then it is ULP 4. Forming or assisting in forming a company dominated union SC: Passivity of a union is an indication of a company dominated union. Organize with help or assistance of management. Economic, legal support from employer 5. Refusal to bargain collectively Duty to bargain collectively ² mutual obligation of the parties to bargain and negotiate with matters regarding terms of employment and adjustments of grievance machineries for redress of grievances promptly, e xpeditiously and in good faith. Standards of Collective Bargaining ; i. Mutual ² either the parties may initiate collective bargaining.  Union may submit CBA proposal. Employer, after 10 days, may submit a counter proposal. Failure to submit a counter proposal will y y

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amount to refusal to bargain, thus a ULP and the CBA submitted by the union will be governing CBA in the plant. Q: A counter proposal was submitted, the employer made it hard for employees to bargain during the negotiations with no real intention to sign a CB A. Is the employer guilty of ULP? A: Yes, the employer is guilty of Surface Bargaining. Blue Sky Bargaining - the union submitted a proposal which contains economic demands beyond the reach and capacity of the employers, thus sky high. Runaway Shop ² when the employer remove his plant or office from one place to another in order to evade unionism or collective bargaining and relocate it to another place which is called as runaway area. Q: Is it valid to strike in the Runaway Area? A: Yes. According to the Labor Code, strike areas also include runaway areas.

ii. Prompt iii. Good faith  Q: What

if employer submit a counterproposal on a take it or leave it basis, is the employer liable for refusal to bargain collectively? A: Yes. The employer is guilty of ´Boulwarism.µ This is


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considered a malpractice which is a violation of good faith bargaining. 6. Contracting out of services SC: Mere contracting out within the period of si x months is valid. But if it goes beyond si x months, it is ULP. Because employer deny the strikers the opportunity to pursue their work. 7. Gross and flagrant violations of the CBA Refers to economic provisions y

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By Union

1. Interference, restraint , coercion in the formation of a union 2. Discrimination 3. Payment of Negotiation Fees It is when in order to settle economic provisions in CBA, union demands from employer negotiation fees. Sweetheart Contract ² when the CBA was not able to get full economic benefits for employees, or it·s an incomplete CBA. Example: when CBA does not have an arbitration clause. NB: An incomplete CBA does not bar a o certification election . Thus not bar on holding another certification election during the 12 month ban. 4. Gross and flagrant violations of CBA 5. Refusal to bargain collectively 6. Featherbedding Activities Union demanding from employers for fees on services rendered or not rendered, performed or not performed. Prolonging the work In short, the union is engaged in e xtortion y

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MIL Labor Law Essentials by Pyke Laygo

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