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Collective Bargaining - a process where the parties agree to fix and administer terms and conditions of
employment which must not be below the minimum standards fixed by law, and sets a mechanism for
resolving the parties’ grievances.
2. Bargaining Unit - refers to a group of employees sharing mutual interests within a given employer unit,
comprised of all or less than all of the entire body of employees in the employer unit or any specific
occupational or geographical grouping within such employer unit.

3. Globe Doctrine - A practice designated as the "Globe doctrine," sanctions the holding of a series of
elections, not for the purpose of allowing the group receiving an overall majority of votes to represent all
employees, but for the specific purpose of permitting the employees in each of the several categories to
select the group which each chooses as a bargaining unit.

4. Community of Interest Doctrine - The basic test of an asserted bargaining unit’s ACCEPTABILITY is
whether or not it is fundamentally the combination which will best assure to all employees the exercise of
their collective bargaining rights… It considers the desires of the employees as one of the factors.

5. Bargaining Agent - is the labor union that the union workers elected to represent their interests.
6. Voluntary Recognition - refers to the process by which a legitimate labor union is recognized by the
employer as the exclusive bargaining representative or agent in a bargaining unit, reported with the
Regional office in accordance to Rule VII, Sec 2 of these Rules.
7. Certification Election
8. Consent Election - means the election voluntarily agreed upon by the parties with or without the
intervention by DOLE

9. Runoff Election - refers to an election between the labor unions receiving the two (2) highest number of
votes in a certification election when the following requisites have been complied with:

1. Valid election;
2. The election provides for three (3) or more choices (“No Union” is considered one choice
3. None of the contending UNIONS received a majority of the VALID VOTES cast;
4. No objections or challenges which if sustained can materially alter the results; and
5. The total number of votes for all contending UNIONS is at least fifty (50%) of the number of
VOTES cast.

10. Rerun Election - A certification, consent, or run-off election results to a tie between two (2) choices.

11. Certification Year Bar Rule - No certification election may be held within 1year from the time a valid
certification, consent or run-off election has been conducted within the bargaining unit.

12. Negotiation Bar Rule:


No certification of election may be filed when:
(1) Within 1 year after the valid certification election
(2) The duly certified union has COMMENCED AND SUSTAINED negotiations in good
faith with the employer
(3) In accordance with Art. 261 of the Labor Code
13. Bargaining Deadlock Bar Rule:

No certification of election may be filed when:


(1) The incumbent or certified bargaining agent is a party;
(2) A bargaining deadlock had been:
(a) Submitted to conciliation or Arbitration or;
(b) Had become the subject of a valid notice of strike or lockout

14. Contract Bar Rule - BLR shall not entertain any petition for certification election or any other action
which may disturb the administration of DULY REGISTERED existing collective bargaining agreements
affecting the parties.

15. Agency Fee - An amount, equivalent to union dues, which a non-union member pays to the union
because he benefits from the CBA negotiated by the union.

16. Automatic Renewal Clause - [In the absence of a new CBA], [i]t shall be the duty of the parties to keep
the status quo and to continue in full force and effect the terms and conditions of the existing agreement
during the 60 day period and/or until a new agreement is reached by the parties.

17. Freedom Period - This refers to the last 60 days in a Collective Bargaining Agreement (CBA) when
rival union representation can be entertained during the existence of a CBA. It is during this particular
period when the majority status of the incumbent bargaining agent can be challenged.

18. Kiok Loy Doctrine - Collective bargaining, which is defined as negotiations towards a collective
agreement, is one of the democratic frameworks under the Labor Code designed to stabilize the relations
between labor and management and to create a climate of sound and stable industrial peace. It is a mutual
responsibility of the employer and the Union and is characterized as a legal obligation.” [Kiok Loy v. NLRC,
1986]

19. No Strike out, lock out clause - A "no strike, no lock-out" provision in the CBA is a valid stipulation
although the clause may be invoked by an employer only when the strike is economic in nature or one
which is conducted to force wage or other concessions from the employer that are not mandated to be
granted by the law itself. It would be inapplicable to prevent a strike which is grounded on unfair labor
practice.

20. Union Security/ Closed shop - Union security is a generic term which is applied to and comprehends
“closed shop,” “union shop,” “maintenance of membership” or any other form of agreement which imposes
upon employees the obligation to acquire or retain union membership as a condition affecting employment.

21. Runaway Shop - “Strike area” means the establishment, warehouses, depots, plants or offices, including
the sites or premises used as runaway shops, of the employer struck against, as well as the immediate
vicinity actually used by picketing strikers in moving to and fro before all points of entrance to and exit
from said establishment.
22. Refusal to Bargain - To violate the duty to bargain collectively as prescribed by this code. [Art. 254 (g)]

Statutory Basis of Labor Organizations:

(1) To violate the duty, or refuse to bargain collectively with the employer, provided it is
the representatives of the employees; [Art. 256 (c)]

(2) [I]t shall be the duty of employer and the representatives of the employees to bargain
collectively in accordance with the provisions of this Code. [Art. 257]

23. Blue Sky Bargaining - Blue-Sky Bargaining is defined as "unrealistic and unreasonable demands in
negotiations by either or both labor and management, where neither concedes anything and demands the
impossible." It actually is not collective bargaining at all.

24. Surface Bargaining - Surface bargaining is defined as "going through the motions of negotiating,"
without any real intent to reach an agreement.

25. Unfair Labor Practice - Both employers and labor organizations can commit acts of unfair labor
practices in collective bargaining. However, the labor organization must be the representative of the
employees before any act it does may be considered as a violation of the duty to bargain collectively.

Four forms of Unfair Labor Practice in Bargaining:


(1) Failure or Refusal to meet and convene
(2) Evading the mandatory subjects of bargaining
(3) Bargaining in bad faith
(4) Gross violation of the CBA

26. Company Union - any labor organization whose formation, function or administration has been
assisted by any act defined as unfair labor practice by this Code.

27. Yellow dog Contract - Yellow dog contracts require, as a condition of employment that a person or an
employee shall not join a labor organization or shall withdraw from one to which he belongs.

28. Union - refers to any union or association of employees in the private sector which exists in whole or
in part for the purpose of collective bargaining or mutual aid, interest, cooperation, protection or other
lawful purposes.
29. Strike - is a work stoppage, caused by the mass refusal of employees to work. A strike usually takes
place in response to employee grievances.
A strike or lockout may be declared in cases of:
(1) Bargaining deadlocks
(2) ULP [Art. 278 (c)]
30. Anti-feather bedding Doctrine - Featherbedding or “make-work” by the union is the practice of the
union asking (exacting) for money or other things of value from the employer in return for services which
are not performed or are not to be performed.