Labor 2 notes_cha mendoza_a2010
~o_November 14_o~
A211: Statement of Policy
-mirrors Consti provisions [AXIII, Sec.3]
WHAT IS IT’S ROLES AND FUNCTION?
1. Declares the intent and purpose of Book V2. Statement in General Terms, not self-operating – aid to statutory interpretation
MODES OF DISPUTE SETTLEMENT
-CONSTI: Voluntary Mode of Dispute Settlement-LC: Collective Bargaining and negotiations,voluntary arbitration, Mediation, conciliationpreferred
WHY STATE REFERRED VOLUNTARY MODESOF SETTLEMENT (History – Calderon Article)
1.Compulsory Arbitration not effective in RP2.Promote Labor Union Movement(strengthen Labor Organizations)3.Lessen dockets of NLRC4.More expedient mode of settlement*A211a: State says so! So WHAT IS THE REASONFOR SAYING SO?In RE A211B: Exception for General Rule inA211a: In order to promote voluntary modes of settlement…”EXCEPT as provided under thisCode” So A211a: General means of dispute settlement211b: Other means: through courts and agencieswhen provided by LC*Prevent Hostile Relationship between Employeesand Management… But there is already a semi-hostile relationsinherent in the EER…*Minimize the Government Intervention inDisputes-mentality of people: let government solve theirproblemsWHY ALLOW THE PARTIES TO TALK, NOT LETOTHER PARTIES INTERFERE?…Compulsory Arbitration used before was noteffective
WHAT IS THE OBJECTIVE?
Problems identified:
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Failure of ERs to recognize Unions >>>Labor unrest
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Policy settlement: Specific solutionsROLE OFUnionsStateEE as members of unionERREASON BEHIND EXEPTION IN 211B: Lawsubsumes the possibility of litigation between theparties-there are cases when disputes cannot be solvedby voluntary means-address LABOR UNREST and PRESSINGPROBLEMS IN THE PAST
METHOD OF DISPUTE SETTLEMENT:VOLUNTARY
-enhance trade unionism-de-clogging of courts-mutual responsibility, remove over-reliance ongovernment (unless provided for under LC)
I. FUNDAMENTAL BASIS: REAL Industrial Peace
should rest on voluntary modes of disputesettlement-product of human behaviorON EXEPTION: LAW IS REALISTIC: VOLUNTARYmeans may not work in these instances…minimum wage fixing…Wage distortion disputes…A263g: Industries indispensable to NationalInterests (State cannot let failure of voluntarysettlement to affect national Interests)
II. ROLE OF UNIONS IN SOCIETY
UNION: Instruments for enhancement of DEMOCRACY and PROMOTE SOCIAL JUSTICEstrong, united and
FREE-
from intervention of the GOV’t-not organized by the ER
III. ENLIGHTENED WORKER
-aware of his OBLIGATIONS, DUTIES, RIGHTSDOES THE LAW PROVIDE MEANS TO PROVIDE ANELIGHTENED WORKER:-seminars-training-payment of dues (A277a)-workers education program (211d)
IV. ROLE OF THE STATE: 211b
-in cases provided under the LC
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Labor 2 notes_cha mendoza_a2010
~o_November 19_o~POLICY STATEMENTWHAT IS THE AREA OF CONCERN/ THRUSTS of the law?[211LC,
AXIII, Sec3*
] – memorize!!!!!!1)Method of Dispute Settlement2)Trade Unionism3)Worker Enlightenment4)Dispute Settlement5)Industrial Peace6)Worker Participation in Decision Making7)Wage Fixing8)TripartismTO WHOM IS IT ADDRESSSED: All partiesconcernedIS THERE A MESSAGE BEING TRANSMITTED?I. ON MODE OF DISPUTE SETTELMENT: Voluntaryprimacy of collective bargainingRATIONALE: Achieve Industrial Peace-product of human behavior-shared responsibility-respect towards each other [A1700, NCC]*WHY VOLUNTARY? HOW IS HUMAN BEHAVIORRELATED? VS COMPULSORY MEANS OF DISPUTESETTLEMENTVoluntary means…not VOLUNTARYARBITRATION!-Real and lasting Industrial Peace can only berealized through voluntary modes of settlement(and not by COMPULSORY ARBITRATION)A211Aa vs A211bA211B recognizes that not all disputes can besettled voluntarilye.g. national interestwage rationalizationwage disputeII. TRADE UNIONISMFree Trade Unionism-from control of: (1) ER; (2) GOV’T? SO CAN GoVT STILL IMPOSE REGULATIONS ONUNIONS? HOW COULD YOU JUSTIFY THEINTERVENTION? Police Powers, for generalwelfareIII. WORKER ENLIGHTENMENT-EE and ER are informed of their rights, duties,obligations-the EE and members of the union should beinformed of their rights and obligations as EEs-Workers Education Program-Law authorizes Union to collect feesIV. “STRONG and UNITED LABOR UNION” Before: 1 industry, 1 unionBut Labor Mov’t in RP: FragmentedNow: Strong and United Labor Union+ Adequate and Expeditious Machinery forproviding settlement of disputes (ADEQUATEADMINISTRATIVE MACHINERY)---not JUDICIAL. WHY? Admin Agencies arespecialized agencies; proceedings undertaken arenon-adversarial in natureV. WORKER PARTICIPATION IN DECISIONMAKING-only in decisions regarding rights, duties,benefits, and welfare of EEs-NOT under Management prerogativee.g. Manila Electric v. Quisumbing (contractingout)1.So When allowable Participation?2.Can Workers say no?3.What would happen if there’s a dispute?CONSTI: Workers can participate in decisionsaffecting their rights and welfareLC: Rights, duties and benefitse.g. What if ER imposes a uniform to be wornby EEs? Could the EE be subjected by thepolicy protest?WHERE DO YOU DRAW THE LINE????-A line must be drawn: management operations:EEs CANNOT INTERFERE-CONDUCT OF BUSINESS: but what if it wouldinterfere with their rights, duties, welfarePOLICY-statutory interpretation-implement law depending on INTENT1) right of workers to self-organization2) method of dispute settlement: VOLUNTARYARBITRATION for industrial peace3) Adequate administrative machinery: Notforeclose judicial intervention (211B)~0_November21_o~
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Labor 2 notes_cha mendoza_a2010
DEFINITION in A212 + IR-use of word “Includes” and “Excludes” just showscope, NOT MEANING OF THE TERMSINCLUDES – in a complimentary sense-deliberate act of the lawmakers
{FEATI UNIV V. BAUTISTA}-lawmakers deliberately used “MEANS” and “INCLUDES” (as understood in AmericanJurisprudence)MEANS: define; complete (nothing to be added,subtracted)INCLUDES: Complementary to what is the usualunderstanding of the termse.g. (as used in) ER, EE, LABOR DISPUTES,LABOR ORGANIZATIONS[A212e] EMPLOYER:-“Includes persons who acts in the interest of theemployer” e.g. SO IS A PARISH PRIEST SPEAKING FOR THEINTEREST OF A CERTAIN ER AN EE OF THE ER?Is he included in the definition of an EE?*the term EE derives its use from EnglishCommon Law notion of OWNERSHIP*A manager acts in the interest of the ER[212f] EMPLOYEE:-”includes any person in the employ of anemployer” -not limited to an employee of any particularemployerIS A CONTRACT OF EMPLOYMENT NECESSARYFOR AN EMPLOYEE TO BE AN EMPLOYEE? No?-include any individual whose work has ceased asa result of or in connection with any…current labor dispute…or because of any unfair labor practice…if he has not obtained any other substantiallyequivalent and regular employment.WHAT IF A WORKER, DURING A STRIKE,OBTAINS A HIGHER PAYING JOB. IS HE STILL ANEMPLOYEE? HOW DO YOU MEASURE IF THESECOND EMPLOYMENT IS “SUBSTANTIALLYEQUIVALENT AND REGULAR”? IS ITHE MEASUREPURELY MONETARY?212 LABOR ORGANIZATION-is it similar to a labor association?NO. A labor association is not for the purpose of COLLECTIVE BARGAINING and for dealing withthe terms and conditions of workLABOR ASSOCIATION: mutual aid and protectionand other lawful purposes [IRR]IS IT REQUIRED to form majority of the workersin the company? Does it require a minimumnumber of workers? What if a labor organizationonly represents 10% of the workforce? None.Law is silent!!!Collective bargaining vs. Mutual Aid andProtectionCollective Bargaining: negotiation between laborand managementMutual Aid and Protection: Join together forsupportCAN A LABOR ORGANIZATION HAVE PLURALITYOF PURPOSES? (in re: for collective bargaining)MAJORITY WORKERS – for certification electionsExclusive bargaining unit*Law is silent on the number of the membersthat should comprise a labor organization{AIRLINE PILOT ORG case}…the intention/ purpose of the org (collectivebargaining) governs over the number…the test of a labor org is NOT THAT EEs of aparticular ER BUT the PURPOSE “in whole or inpart” collective bargaining{DUNLOP v S}…a union cannot exist with mixed membership of supervisors and rank-and-file employeesMemorize!!!!EREEsLABOR ORGLABOR DISPUTES (very specific; type of controversy: representation, wages, hours of work)~O_November 26_O~LABOR DISPUTE{SAN MIGUEL CORPORATION EMPLOYEES UNIONV BERSAMIRA} – IC – ER
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