FORMS OF ULP IN BARGAINING

1. BAD FAITH in bargaining

- Including failure/refusal to execute CBA if
requested.
a. SURFACE BARGAINING
- Going through the motion of negotiating
without legal intent to reach agreement
b. BOULWARISM
1. ER directly bargains with the EE
diregards the union.
2. Aim was to deal with the union
through EE, rather than deal with
the EEs through the union
3. ER’s “take it or leave it” proposal.
2. EVADING mandatory subjects of
bargaining
3. GROSS violation of the CBA
4. FAILURE or refusal to meet or covene.
 SELLING THE COMPANY: DUTY OF
TRANSFEROR
GR: existing CBA is succeeded by another ER,
the successor-in-interest in GF has NO
LIABILITY to the EEs in continuing employment
and the CBA agreement; contracts are in
personam
EXs:
1. SII expressly ASSUMES obligation
2. Sale is a device to CIRCUMVENT the
obligation
3. Sale in BAD FAITH
4. Bona fide but any of the ff circumstances
are present:
a. Transfer amounts to MERGER or
CONSOLIDATION
b. Transfer LEAVES THE IDENTITY of the
employing business
c. Purchaser acted in COLLUSION w/ the
transferring corp.
d. Purchaser MERELY CONTINUES the
business
e. Express or implied AGREEMENT
 DEADLOCK
Presupposes reasonable efforts in good faith
bargaining but despite noble intentions, does ot
conclude an agreement with the parties.
REMEDIES
1. NCMB TO INTERVENE; conciliation
preventive mediation
2. VOLUNTARY ARBITRATION or
COMPULSORY ARBITRATION
3. STRIKE OR LOCKOUT upon compliance
with the legal requirements (LAST
RESORT)
FREEDOM PERIOD
60-day period immediately preceding the
expiration of the representation period of 5
years in the CBA
WHAT MAY BE DONE DURING F.P:
1. Labor union may disaffiliate from mother
union to form local or independent union.
2. Pet for certification may be filed.
3. Either party can serve a written notice to
terminate or modify agreement
(renegotiable or non-representational
aspect)
FREEDOM PERIOD V. 60 DAY PERIOD
FREEDOM 60DAY
Last 60 days of the “Notice period” for
CBA’s 5th year of the renegotiation of an
representational expiring CBA;
aspect modifying or
renegotiating
economic provisions
Political event Economic event
between rival and
unions
ER is not a party ER

ECON PROVIs NON-ECON PROVIs

Wages increases Union security clause
Loan benefits Labor-management
Bonuses corp. schemes
Allowances Grievance procedures
Retirement plan Other provis w/o
Other fringe benefits monetary value
 EFFECTIVITY AND RETROACTIVITY OF
ECONOMIC PROVISIONS OF THE CBA
1. CBA IS THE VERY FIRST BARGAINING
UNIT
- parties have to decide the effectivity date
2. Made WITHIN 6 MONTHS AFTER THE
DATE OF THE EXPIRY of CBA
- Automatic retroaction on the date
immediately following the date of such
expiry
3. AFTER 6 MONTHS FROM EXPIRATION of
the CBA
- Parties may agree on the retroaction date;
only if there is an existing agreement; no
existing agreement, no retroactive date.
 INJUNCTION
GR: NO temporary/permanent injunction or
restraining order in any case involving or
growing out of labor union shall be issued by
any court or other entity
EXs:
1. Enjoin/restrain actual or threatened
prohibited or unlawful acts or to require
performance of a particular act in any labor
dispute
2. In the opinion of SOLE, there exists a labor
dispute which would likely to cause a strike
or lockout in industry indispensable to the
national interest.
AUTHORIZED TO ISSUE INJ/REST.ORDER
1. NLRC
2. President – industries indispensable to
national interest
3. Secretary - industries indispensable to
national interest or certify the same to
commission for compulsory arbitration (Art.
278)
JURISDICTION
GR: regular courts are w/o authority to issue
injunction orders in cases involving or
originating from labor disputes even if the
complaint was filed by non-striking EEs and the
ER was made a respondent. To hold otherwise is
to sanction splitting jurisdiction.
EX: protect the interest of neutral employers in
common situs picketing, provided it does not in
any way curtail the right of the union to strike
and/or picket
N: in case of strikes/picketing, 3rd parties or
innocent bystander may secure a court
injunction to protect their rights.
 FACTORS IN DETERMINING THE
APPROPRIATE BARGAINING UNIT
1. COMMUNITY OF INTEREST DOCTRINE/
SUBSTANTIAL MUTUAL INTEREST RULE
- Affinity and unity of EE’s interest such as
substantial similarity of work and duties, or
similarity of compensation and working
conditions.
2. GLOBE DOCTRINE
- Express will or desires of the employees
3. EMPLOYMENT STATUS
a. Temporary
b. Seasonal
c. Probationary
4. PRIOR COLLECTIVE BARGAINING
HISTORY
-neither decisive nor conclusive in the
determination of what constitutes an
appropriate bargaining unit.
 METHODS TO DETERMINE THE
BARGAINING REPRESENTATIVE
(SC-RRC)
1. SEBA request
2. Certification Election
3. Run-off election
4. Re-run election
5. Consent election
 SEBA CERTIFICATION
DOLE recognizes a labor organization as the
exclusive bargaining representative of the EEs
in the appropriate bargaining unit.
REQUEST FOR SEBA CERTIFICATION IN AN
UNORGANIZED ESTABLISHEMENT WITH
ONLY ONE LEGITIMATE ORGANIZATION
1. VALIDATION PROCESS
- DOLE finds out that the establishment is
unorganized with only 1 L.O = call a
conference w/in 5 working days for the
submission of the ff
a. Names of EE’s in the covered
bargaining unit who signify their
support for SEBA certification
b. Certification under oath by the
president or the requesting union or
local of the documents submitted
2. ACTION ON THE SUBMISSION
- SEBA certification shall be issued; DOLE
RD find that requirements are complete –
issue during the conference a SEBA cert.
 - DOLE RD cause the posting of SEBA Cert
for 15 consec days in atleast 2 conspic
places.
REQUEST FOR SEBA CERTIFICATION IN AN
UNORGANIZED ESTABLISHEMENT WITH
MORE THAN ONE LEGITIMATE
ORGANIZATION
- DOLE RD refer the same to the Election
officer for conduct of certification election
REQUEST FOR SEBA CERTIFICATION IN AN
ORGANIZED ESTABLISHEMENT
- DOLE RD refer the same to the Mediator-
Arbiter for the determination of propriety
of conducting certification election.
PROCEDURE
1. WHERE TO FILE
- Regional office which issued its cert of
registration or cert of creation of local
chartered local
2. REQUIREMENTS (NO-BES)
1. NAME and address of the requesting
legitimate labor org.
2. Name and address where it OPERATES.
 3. BARGAINING unit sought to be
represented
4. Approximate number of EMPLOYEES in
bargaining unit
5. STATEMENT of the existence/non-
existence of other labor
organizations/CBA
3. ACTION ON THE REQUEST by the RD
- Within 1 day from the receipt of the same.
RD shall:
1. Determine whether the request is
compliant with the requirements;
whether bargaining unit sought to be
represented is organized or not
2. Request a copy of the payroll for SEBA
cert purposes
EFFECT:
Enjoy all the rights and privileges of an
exclusive bargaining agent of all the EEs in the
covered bargaining unit
Bar the filing of a petition for certification
election by any Leg.Org for the period of 1yr
from the date of issuance.
 CERTIFICATION ELECTION
WHAT:
Process of determining, through secret ballot
the sole and exclusive representative of the
employees in the appropriate bargaining unit for
purposes of collective bargaining or negotiation.
WHO MAY FILE:
1. Any LEGITIMATE LABOR ORGANIZATION
including a national union or federation
that has issued charter certificate to its
local/chapter or the LOCAL/CHAPTER
ITSELF
2. EMPLOYER, when requested to bargain
collectively in a bargaining unit where no
registered collective bargaining agreement
exists
WHERE FILE:
Regional office which issued the petitioning
union’s certificate of registration or certificate of
creation of chartered local; hear and resolved
by the Med-Arbiter
N: at the option- may be filed online
WHEN TO FILE: (1-CSR)
1. A valid certification, consent, or run-off
election has been conducted within the
bargaining unit within 1YEAR prior to the
filing of the pet for cert elec.
2. Duly certified union has COMMENCED and
sustained negotiations in good faith with
the ER in accordance with ART. 261 of the
LC within one year referred to in the
immediately preceding paragraph
3. Bargaining DEADLOCK, an incumbent or
certified bargaining agent is a party had
been submitted to conciliation or
arbitration or had become the subject of a
valid notice of strike or lockout.
4. CBA between ER and a duly recognized
certified bargaining agent has been
registered in accordance with Art. 238 of
the LC; only within 60 days prior to expiry
ISSUES INVOLVED
 1. Proper composition and constituency of the
bargaining unit
2. Veracity of majority membership claims of
the competing unions
GROUNDS FOR DISMISSAL/DENIAL OF
PETITION (UCC-NeD-SCAN)
1. Unregistered Union
2. Contract Bar Rule
3. Certification Year
4. Duly certified union has commenced and
sustained NEGOTIATIONS with the ER or
there exists bargaining deadlock which had
been submitted to conciliation or
arbitration or had become the subject of a
valid notice of strike or lockout which an
incumbent or certified bargaining agent is a
party.
5. Organized establishment – failure to submit
the 25% support requirement for the filing
of the petition.
6. Absence of EE-ER relationship
7. Non-appearance of the petitioner for 2
consecutive scheduled conferences before
the mediator arbiter despite due notice.