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Labor Relations

Labor Relations

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Published by Nikki D. Chavez

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Published by: Nikki D. Chavez on Oct 20, 2012
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11/26/2012

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Labor Relations
 
 –
the interactions between the employer and employees and their representatives andthe mechanism by with the standards and other terms and conditions of employment are negotiated,adjusted and enforced.
Labor Relations Law
 
 –
define the statues, rights and duties and the institutional mechanisms thatgovern the individual and collective interactions of employers, employees or their representatives.Absent of an employer-employee relation, there is no labor relation to speak of. If there is noemployer-employee relationship between the parties, there is no basis for organizing for purposes of collective bargaining.Labor Relations may be distinguished from labor standards, in that the latter is that part of labor lawwhich prescribes the minimum terms and conditions of employment which the employer is required togrant to its employees.
Chapter I General ProvisionsArt. 211 Declaration of Policy
Collective bargaining process is possible only when there is a labor organization, example1.
 
Labor Union2.
 
Employee associationLabor relations policy under the Labor Code is embodied in Section 3, Article XIII of the 1987Constitution which guarantees to all workers their right, among others, to:a.
 
Self-organizationb.
 
Collective bargaining and negotiationsc.
 
Peaceful and concerted activities including the right to strike in accordance with law; andd.
 
Participate in policy and decision-making processes affecting their rights and benefits as may beprovided by law.
Parties to Labor Relations Cases
1.
 
E
mployee’s Organization
 2.
 
Management;3.
 
The public-always to be considered in dispute between labor and capital, and it has been heldthat the rights of the general public are paramount; and4.
 
The StateEmployer and employees are ACTIVE parties while the public and the state are PASSIVE parties.
Principle of Non-Oppression
 
 –
mandates capital and labor not to act oppressively against each other orimpair the interest and convenience of the public. The protection to labor clause in the Constitution isnot designed to oppress or destroy capital.
 
Article 211 Mentions:1.
 
Conciliation2.
 
Mediation3.
 
Voluntary ArbitrationAs alternative modes of settlement of labor dispute to the more adversarial strikes lookouts of any mass concentrated actions.Conciliation
 –
process where a disinterested third party meets with management and labor, at theirrequest or otherwise during a labor dispute or in collective bargaining conferences and by coolingtempers aids in reaching an agreement.Mediation
 –
a third party studies each side of the dispute then makes proposals for the disputants toconsider. But a mediator cannot make an award or render a decision.Arbitration
 –
the submission of a dispute to an impartial person for determination on the basis of evidence and arguments of the partie
s. The arbiter’s decision or award is enforceable upon the
disputants. This maybe voluntary or compulsory.
Chapter II. DefinitionsArt. 212: Definitions of EMPLOYER
1.
 
One who employs the service of others, one for whom employees work and who pays theirwages or salaries.2.
 
Any person acting in interest of an employer, directly or indirectly. The term does not include alabor organization or any of its officers and agents, except when acting as an employer. Themere fact that respondent is a labor union does not mean it cannot be considered an employerfor persons who work for it. Much less should it be exempted from labor laws.
Definitions of Employee
1.
 
Any person in the employ of an employer2.
 
Any individual whose work has ceased as a result of or in connection with any current labordispute or because of any unfair labor practice if he has not obtained any other substantiallyequivalent and regular employment;3.
 
One who has been dismissed from work but the legality of the dismissal is being contested in aforum of appropriate jurisdiction.The term shall not be limited to the employees of a particular employer unless the codeexplicitly states.
 
Types of Employees under the Labor Code
1.
 
Managerial2.
 
Supervisory3.
 
Rank-and-file
Labor Organizatiion
 
 –
any union or association of employees which exists in whole or in part for thepurpose of collective bargaining with employers concerning terms and conditions of employment.
Legitimate Labor Organization
 –
any labor organization which is duly registered with Department of Labor and Employment; the term includes a local/chapter directly chartered by a legitimate federationor national union which has been duly reported to the Department in accordance with Section 2 Rule VI,Book V, IRR of LC.
Company Union
 
 –
any labor organization whose formation, function or administration has been assistedby any act defined as ULP under the Labor Code.
Bargaining Representative
 
 –
a legitimate labor organization whether or not employed by the employer.
Labor Dispute
 
 –
includes any controversy or matter concerning:1.
 
Terms or conditions of employment; OR2.
 
Association or representation of persons in negotiating, fixing, maintaining, changing orarranging the terms and conditions of employment.Regardless of whether the disputants stand in the proximate relation of employer and employee.Test: Depends on whether it involves or concerns terms, conditions of employment, or representation.Even the question of employer-employee relationship can be considered a labor dispute.
Types of labor Disputes
1.
 
Labor Standards Disputesa.
 
Compensationb.
 
Benefitc.
 
Working Conditions2.
 
Labor Relations Disputesa.
 
Organizational right dispute/unfair labor practiceb.
 
Representation disputesc.
 
Bargaining disputesd.
 
Contract administration or personnel policy disputese.
 
Employment tenure disputes

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