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Lecture Atty Poquiz

Lecture Atty Poquiz

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Published by Jose_Giovanni__5542

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Published by: Jose_Giovanni__5542 on Jul 04, 2012
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Right to self-organizationWhy workers unionize?1.In order to acquire a relativeequality of bargaining power2.In order to attain security of tenure3.Union becomes an agent of participatory democracyPositive freedom of assoc-Workers have the right to join,form or represented by a unionNegative freedom of assoc-Right of the workers not to form, join or be represented by aunion.NB. As between freedom of religion(freedom of conscience) and unionsecurity clauses, in the hierarchy of cons. Rights, the one that occupies ahigher rank is the freedom of religion.Who can form a Labor UnionEmployees both of private and GovSelf-employed (not for purposes of CBAEmployees of intl. org (not for CBAWho cannotMembers of managerialMembers of CoopConfidential Employees (under thedoc. of necessary implication)-Those that have access toconfidential labor relationsinformationMembers of IglesiaHigh Level Employees (Gov Officials)Members of the AFP, PNP, BJMP, BFDNb.Collective Bargaining –private sectorCollective Negotiation – gov sector
Matters cannot be subj. tocollective bargaining
Matters that are fixed by lawMatters that involve appropriation of moneyMatters that involve exercise of management prerogative by High LevelEmployeePublic Sector Management CouncilGr. EEs of Gov cannot strike-Affects delivery of vital servicesto the people-A civil service offense-A form of insurrection in the lightof the principle of statesovereigntyEx. Employees of GOCC w/o origcharters are governed by the LaborCode thus can strike.NB. Req. for RegistrationCertificate of RegistrationLegal effects of registration1.Right of rep. (applies only tounion mem)2.To be cert as the bargainingagent in the establishmentVoluntary recognition (directcert. not allowed)-Only one union-Must possess majority status w/proof of the same-Voluntarily recognized
Bargaining Req.
Possessoin of majority statusProof Bargaining processConsent Election-An agreed election
-w/ or w/o intervention of theRegional office of the DOLE-(doctrine of union monopoly)Cert election-w/ intervention of the Dole-majority of illegible voters shallvote-one who has garnered majorityvotes after the election-spoiled ballots are included inthe first majority rule, excludedin the second majorityRun-Off Election-conducted by an election officer-no union does not existSubscription Req. – 25%If complied with – mandatory toconduct Cert. electionIf not complied with – discretionary-because the most expeditiousway in determining the will of the employees is thru a cert.electionInstances where cert. election cannotbe conducted1.contract bar rule-duly registered CBA bars cert.elec.-CBA must be registered-No cert election shall be heldduring the life span of the CBAexcept on the freedom period
Rep. Aspect – 5 yrs.
Economic provision– 3 yrs2.deadlock bar rule-during the CB process, there wasdeadlock/stand still/impasse,which has been a subject toconciliation, mediation,grievance machinery or subj. toa notice of strike3.charge of company unionismrule-ULP-Company domination/dominatedunion-Company union idea wasinitiated by the ER-When RnF union was captivatedby the ER.Nb. Charge of company unionism is aprejudicial question that has to be firstsettled4.negotiation bar rule-5.appeal bar rule-6.one year bar rule
Exceptions to the contract bar rule
1.if the CBA is not registered-still valid b/w the parties-does not bar cert. elec.2.if the CBA is incomplete,inadequate, substandard CBA-refers to economic provisions of the CBA was substandard-if the CBA for a conclusivearbitration clause, the CBA isincomplete or inadequate3.if the CBA has been hastilyentered into or prematurelyextended4.mass disaffiliation-they can still bargain even if their membership is alreadydepleted with the management,until and unless the union lost ina cert. elec.5.automatic renewal clausePrinciple of CBA Continuity-to prevent any hiatus that willresult if no CBA is agreed uponby the partiesCBA is a contract in personam-successor in interest is notgoverned by the previous CBA-unless the successor expresslyadopt the previous CBADuty to bargain collectively-performance of a mutualobligation b/w the employer and
the union on matter involvingterms and conditions of employment promptly,expeditiously and in good faith,including providing
Doctrinal standards of Collectivebargaining
Mutual Bargaining-CBA proposal by the union-ER submit counter proposalwithin 10 days-penalty imposed against anerring employer, the union CBAproposal shall be the governingCBA in the establishmentPrompt BargainingGood Faith bargaining
Take not of the definition
-Surface bargaining-Run away shop – strike areainclude run-away shop-Boulwareism-Blue sky bargaining
Contents of the CBAUnion Security Clause
-Close shop-Union shop
Coupled withmaintenance of membership shop toretain their employment-Agency shop
Maintenance of treasury
Anti free rider clause
Non-union membersreceiving CBA benefitsshall pay agency feesequivalent to the amountof union dues to supportthe union that made thebenefit possible
Need not be included oragreed upon in the CBA,because the Labor Codealready providesGR. No waiver of the right to strikeException:If the strike is waiveable under the nostrike no deadlock clauseConclusive Arbitration ClauseMust contain Drug Free provisionEscalator ClauseSeparability ClauseEffectivity Clause
Q. May a non-registered union filea petition for cert. election?A. noException: If the federation issuesa charter cert. to a chartered local,although not yet registered, thatchartered local shall acquire animperfect, partial legal personalityand it can file a petition for cert.election only for the purpose of certification electionCan the Principle of CominglingApply under the Labor Code.
-No, deemed excluded byoperation of law-Does not apply to supervisoryunions if there are rank and fileand does not apply to rank andfile union if there are supervisorsin the group-But they can join the sameFederation
-10 locals/members-Principal is the local, theFederation is the agent-If the relationship of thefederation and the member iscut off, the federation has nomore right to represent the localNLRC-8 Divisions-Quasi judicial functions areexercised in division

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