Professional Documents
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Marquez,
Reference: Azucena, Labor Code, Volume II, 2010
jumieann2C
29 June 2012
“However, the above doctrine has been supplanted by the present Constitution, which
provides:
The Civil Service embraces all branches, subdivisions, instrumentalities and agencies of
the Government, including government-owned or controlled corporations with original
charters. (Article IX-B, Section 2 [1])
Thus, under the present state of the law, the test in determining whether a government-
owned or controlled corporation is subject to the Civil Service Law is the manner of its
creation such that government corporations created by special charter are subject to its
provisions while those incorporated under the general Corporation Law are not within its
coverage.
We hold, therefore, that the PNOC-EDC having been incorporated under the general
Corporation Law, is a government-owned or controlled corporation whose employees
are subject to the provisions of the Labor Code. This is apparently the intendment in the
NASECO case notwithstanding the fact that the NASECO therein was a subsidiary of the
PNB, a government-owned corporation.”
1
LABOR RELATIONS, Notes 1st Semester SY 2012-2013, Atty. Marquez,
Reference: Azucena, Labor Code, Volume II, 2010
jumieann2C
Its resolutions become binding laws, they are in harmony with the
laws that we have.
Case:
Taking into account that the playing field is not really equal, then,
there can be no equality among unequal.
2
LABOR RELATIONS, Notes 1st Semester SY 2012-2013, Atty. Marquez,
Reference: Azucena, Labor Code, Volume II, 2010
jumieann2C
Basis?
Section 1, Article III, 1987 Constitutuon:
No person shall be deprived of life, liberty, or property without due process of law, nor
shall any person be denied the equal protection of the laws.
6 rights to ownership.
“The right of my neighbor to extend his arms ends where the tip of my
nose begins”
Employee
3
LABOR RELATIONS, Notes 1st Semester SY 2012-2013, Atty. Marquez,
Reference: Azucena, Labor Code, Volume II, 2010
jumieann2C
Employer
One who employs the services of others; one for whom employees
work and who pays their wages or salaries.
Comparison:
2. Autonomy to carry
on using his own
means & methods
Guarin v. NLRC
(employees)
4
LABOR RELATIONS, Notes 1st Semester SY 2012-2013, Atty. Marquez,
Reference: Azucena, Labor Code, Volume II, 2010
jumieann2C
4 Fold Test:
2. Payment of wages
3. Power of dismissal
Labor dispute
The mere fact that the disputants do not stand in the proximate or
reciprocal relation of employer and employee does not remove the
dispute from the category of a labor dispute.
Sentiment
5
LABOR RELATIONS, Notes 1st Semester SY 2012-2013, Atty. Marquez,
Reference: Azucena, Labor Code, Volume II, 2010
jumieann2C
Labor Organization
Union
6
LABOR RELATIONS, Notes 1st Semester SY 2012-2013, Atty. Marquez,
Reference: Azucena, Labor Code, Volume II, 2010
jumieann2C
06 July 2012
No.
Managerial Employees
Supervisory Employees
7
LABOR RELATIONS, Notes 1st Semester SY 2012-2013, Atty. Marquez,
Reference: Azucena, Labor Code, Volume II, 2010
jumieann2C
Federation
To be able to Negotiate:
Company Union
Independent Union
Charter/ Local
8
LABOR RELATIONS, Notes 1st Semester SY 2012-2013, Atty. Marquez,
Reference: Azucena, Labor Code, Volume II, 2010
jumieann2C
Chartering
9
LABOR RELATIONS, Notes 1st Semester SY 2012-2013, Atty. Marquez,
Reference: Azucena, Labor Code, Volume II, 2010
jumieann2C
Comparison:
Affiliation
Supervisor’s union and rank and file union in the same company
may affiliate with the same federation.
10
LABOR RELATIONS, Notes 1st Semester SY 2012-2013, Atty. Marquez,
Reference: Azucena, Labor Code, Volume II, 2010
jumieann2C
Despite affiliation, the local union remains the basic unit free to serve the
common interest of all its members.
13 July 2012
Disaffiliation
Effects:
Local Union will continue to administer the existing CBA but may not
negotiate until such time it registers itself independently or a new
EBR is elected.
11
LABOR RELATIONS, Notes 1st Semester SY 2012-2013, Atty. Marquez,
Reference: Azucena, Labor Code, Volume II, 2010
jumieann2C
3. Voluntary dissolution.
Yes, any interested party may file for a petition for cancellation of
registration. An employer is an interested party.
1. Secret balloting
2. Which has to take place in a meeting duly called for the purpose of
deciding WON to dissolve the Union. (only for that purpose)
12
LABOR RELATIONS, Notes 1st Semester SY 2012-2013, Atty. Marquez,
Reference: Azucena, Labor Code, Volume II, 2010
jumieann2C
REMEMBER:
RULES:
NO.
13
LABOR RELATIONS, Notes 1st Semester SY 2012-2013, Atty. Marquez,
Reference: Azucena, Labor Code, Volume II, 2010
jumieann2C
Yes, but they cannot commingle with the rank & file employees.
But they can deal with the employer because anyone can do this.
We said that members of the CBU are not necessarily members of the
Union.
19 July 2012
Yes, but they cannot negotiate those that are fixed by law, such as
wages, terms and conditions of employment, etc.
14
LABOR RELATIONS, Notes 1st Semester SY 2012-2013, Atty. Marquez,
Reference: Azucena, Labor Code, Volume II, 2010
jumieann2C
Original Charter
DOLE
No.
Yes.
But aliens with valid work permits may exercise the right of self-
organization if they are nationals of a country that grants the same
or similar rights to Filipino workers.
15
LABOR RELATIONS, Notes 1st Semester SY 2012-2013, Atty. Marquez,
Reference: Azucena, Labor Code, Volume II, 2010
jumieann2C
Yes, because they are still part of the Philippine territory, which is
subject to its sovereignty and laws.
Yes, because the Union can also violate the rights of the union
members.
16
LABOR RELATIONS, Notes 1st Semester SY 2012-2013, Atty. Marquez,
Reference: Azucena, Labor Code, Volume II, 2010
jumieann2C
Check off
Union Dues
Special Assessment
Requisites
These must be forwarded to the Employer for him to be able to deduct the
special assessment from the employee’s salary.
Mandatory Activities:
Training in SOLER
17
LABOR RELATIONS, Notes 1st Semester SY 2012-2013, Atty. Marquez,
Reference: Azucena, Labor Code, Volume II, 2010
jumieann2C
Can the Union successfully demand from the employer the dues by filing
a complaint for recovery & damages?
No. The employer will not be liable to the Union but it may constitute
as Unfair Labor Practice (ULP- anything that thwarts the right of
employees to self-organization).
Agency Fee
Can the Secretary of Labor inquire upon the Financial Statements of the
Union?
The Union can demand for a copy of the Financial Statements of the
employer. If Employer fails or refuses to furnish a copy, it may constitute as
ULP.
Organized Establishment
18
LABOR RELATIONS, Notes 1st Semester SY 2012-2013, Atty. Marquez,
Reference: Azucena, Labor Code, Volume II, 2010
jumieann2C
Unorganized Establishment
Terms of a CBA
The new EBR shall respect the existing CBA. It will only administer the
existing CBA, but may renegotiate to shorten the CBA to coincide
with its term.
Contract Bar Rule: Applies during this term. Med-Arbiter can deny
the PCE prior or after the “freedom period”.
Political Event
Economic event
19
LABOR RELATIONS, Notes 1st Semester SY 2012-2013, Atty. Marquez,
Reference: Azucena, Labor Code, Volume II, 2010
jumieann2C
26 July 2012
20
LABOR RELATIONS, Notes 1st Semester SY 2012-2013, Atty. Marquez,
Reference: Azucena, Labor Code, Volume II, 2010
jumieann2C
It does not warrant a Direct Certification by the mere fact that there
was no opposition.
2. If filed in different RO, RO, which the petition was first filed, shall
exclude all others.
When to file:
2. If there is an existing CBA, can be filed only within the last 60 days of
the fifth year of the CBA (freedom period).
21
LABOR RELATIONS, Notes 1st Semester SY 2012-2013, Atty. Marquez,
Reference: Azucena, Labor Code, Volume II, 2010
jumieann2C
1. Non- Appearance
2. Unregistered Union
Illegitimacy
3. No Charter
Illegitimacy
5. 12 month Bar
Certification Year
6. Negotiation or Deadlock
22
LABOR RELATIONS, Notes 1st Semester SY 2012-2013, Atty. Marquez,
Reference: Azucena, Labor Code, Volume II, 2010
jumieann2C
7. Existing CBA
Contract bar
8. Lack of Support
Majority of the votes cast provided that the votes cast is the
majority of the CBU.
Double majority.
23
LABOR RELATIONS, Notes 1st Semester SY 2012-2013, Atty. Marquez,
Reference: Azucena, Labor Code, Volume II, 2010
jumieann2C
Recognition = Employer
Certification = DOLE
Valid Election
Movant Intervenor
Forced Intervenor
Existing EBR
Process:
If Granted:
Election
Certification
24
LABOR RELATIONS, Notes 1st Semester SY 2012-2013, Atty. Marquez,
Reference: Azucena, Labor Code, Volume II, 2010
jumieann2C
Single majority
Run-off election
Requisites:
1. Valid Election
3. Not one of the unions obtained the majority of the valid votes
4. Total number of votes for all the unions is at least 50% of the votes
cast
The rematch is between the two unions who garnered the two
highest votes
Its purpose is the same, namely, to find out which union should serve
as the bargaining agent.
Where a petition for certification had been filed, and upon the
intercession of the Med-Arbiter, the parties agree to hold a consent
election, the results shall constitute a bar to the holding of a
certification election for 1 year from the holding of such election.
Where no petition for certification election was filed but the parties
themselves agreed to hold a consent election with the intercession
of the RO, the results thereof shall constitute a bar to another
petition for certification election.
25
LABOR RELATIONS, Notes 1st Semester SY 2012-2013, Atty. Marquez,
Reference: Azucena, Labor Code, Volume II, 2010
jumieann2C
Once the Union had been certified/recognized, what are the rights?
3. Demand to bargain
If the Union submits its proposals, should the company submit its counter-
proposal?
26
LABOR RELATIONS, Notes 1st Semester SY 2012-2013, Atty. Marquez,
Reference: Azucena, Labor Code, Volume II, 2010
jumieann2C
Exception “Lock, Stock, & Barrel”: All assets, and liabilities are
transferred to the subsequent employer.
Multi-Employer Bargaining:
Two or more employers join together to form one group that will
negotiate with the EBR of each employer.
It is a negotiated contract.
1. Wages
2. Hours of work
27
LABOR RELATIONS, Notes 1st Semester SY 2012-2013, Atty. Marquez,
Reference: Azucena, Labor Code, Volume II, 2010
jumieann2C
Surface Bargaining
Initially agrees on a term but later on will revoke its approval of such
term
“Bato sa buhangin”
“Kapantay ay langit”
Bulwarism
Take it or leave it
“taga mo sa bato”
Deadlock
Preventive Mediation
Nearing deadlock, one goes to NCMB, and writes, “we are about
to reach a deadlock”, a way of seeking intervention to prevent a
deadlock, that will eventually lead to a strike/lockout.
2 August 2012
Situation:
CBA will expire on its 3rd year, Union (EBR) submitted a proposal during the
60 day period prior to expiration (notice period).
28
LABOR RELATIONS, Notes 1st Semester SY 2012-2013, Atty. Marquez,
Reference: Azucena, Labor Code, Volume II, 2010
jumieann2C
Employer wanted to take out portion which was formerly included in the
CBA, employer wanted to reduce the benefits in the new CBA, is that
ULP?
No. When you reopen the CBA negotiation that opens the new
space for the Union & Employer to renegotiate.
Is ratification necessary?
Scenario:
29
LABOR RELATIONS, Notes 1st Semester SY 2012-2013, Atty. Marquez,
Reference: Azucena, Labor Code, Volume II, 2010
jumieann2C
2. Party to agree
3. Justification
While the parties are negotiating, they shall maintain the status quo.
If it is an arbitral award?
30
LABOR RELATIONS, Notes 1st Semester SY 2012-2013, Atty. Marquez,
Reference: Azucena, Labor Code, Volume II, 2010
jumieann2C
Exceptions:
What is a strike?
What is a lockout?
2. Bargaining Deadlock
Situation:
Can XYZ Union, not an employee of ABC Company join the strike?
31
LABOR RELATIONS, Notes 1st Semester SY 2012-2013, Atty. Marquez,
Reference: Azucena, Labor Code, Volume II, 2010
jumieann2C
There are four requisites before one may conduct a lawful strike.
This is also a period for the DOLE to mediate and conciliate the
parties and encourage them to submit their dispute to a voluntary
arbitration in order to prevent the strike, since the law does not favor strike
for it is counter-productive.
1. When the elected officials of the Union are illegally dismissed by the
employer
2. These officials are elected in accordance with the CBL of the Union
32
LABOR RELATIONS, Notes 1st Semester SY 2012-2013, Atty. Marquez,
Reference: Azucena, Labor Code, Volume II, 2010
jumieann2C
What is the guideline for arrest & detention? May it be done during a
strike?
33