Neon True Beldia

Labor Relations

Midterm Exam

Define the following

1. Bargaining Unit
It is a group of employee that is shares mutual interest that will represent as a labor
union in the collective bargaining and dealing with their employer.

2. Labor dispute

It is a dispute that involves any conditions of employment including the terms and
the contract and the security of tenure of all the employees.

3. Collective Bargaining Agreement

It is a legal agreement that grants a right to the union representing the employees
and the employer as a result of their negotiations as to the terms and conditions with regard
to their wages and hours of work.

4. Certification Election

It is process of determining in a way of secret ballot as to who will be the sole and
exclusive bargaining agent of the employees in a certain bargaining unit for the purpose of
collective bargaining.

5. Unfair Labor Practice

It is an offense that an employer had committed against a labor organization

violating their constitutional guaranteed rights against self-organization as provided in their
collective bargaining agreement.

6. Yellow Dog Contract

It is one which requires an employee as a condition of his employment that he/she
will not join to any labor organization and even organize such for a given period of time.

7. Blue Sky Bargaining

It is defined as making a demand or proposal which is unreasonable in a way that

the employer has no capacity to grant such demand or proposal.

8. Surface Bargaining
 It is a bargaining wherein both parties are in the proposal of having a negotiation but
in fact they don’t have an intent to reach for an agreement.

9. Bargaining deadlock

It occurs when there is a failure to come up in an agreement during the collective

bargaining negotiation which results into a deadlock.

10. Substitutionary Doctrine

It is a doctrine which prohibits an employee to revoke the collective bargaining

contract whenever there is a change in their bargaining agent.

11. Union Security Clause

Under a security clause the bargaining union may demand from their employer the
dismissal of a member who would commit a breach of the security agreement.

12. Agency Fee

It is an amount paid by a union member which is equivalent to a union dues as a

result of benefiting from the Collective Bargaining Agreement.

13. Run-off Election

It refers to an election between two of the labor union who has the highest votes in
a certification in order to elect a single winner.

14. Labor Relations

It deals with the interaction or relationship between the employer and employees or
their representative including the negotiation as to terms and the standards of employment.

15. Federation
It refers to a group of legitimate labor union in aprivate establishment that are
organized for the purpose of collective bargaining.
16. Organized Establishment
It is one where there is a recoginized sole and exclusive bargaining agent.
17. Unorganized Establishment
It is one where no union has yet been duly recognized as a bargaining
representative.
18. Globe Doctrine
It is a doctrine which emphasize that the desire of the employees are relevant to the
determination of the appropriate bargaining unit.
19. Mutuality of interest
Mutuality of interest provides that the employees that are represented by the
collective bargaining agent must have substantial mutual interest in their terms of
employment.
 20. Consent Election
It refers to the process of determining through secret ballot the sole and exclusive
bargaining agent of the employees in a certain bargaining unit.

II. True or False

1. True, because government employees cannot bargain the terms of their employment.
2. False, employees of a GOCC may form a labor organization but only in a limited manner and
cannot by themselves form a union.
3. False, supervisory employee may join the same federation but not with the local union.
4. True, confidential employees are one of those prohibited under the Labor Code to form, join
or assist labor organizations.
5. False, ambulant vendors may form labor organization for mutual aid and protection but not
for collective bargaining.

III.

A union may acquire legal personality for purposes of filling a petition for election upon its
registration with the DOLE in the sense that it has clothed the personality to claim its bargaining
rights. Also, it may acquire through a tentative legal personality whereby upon the issuance of a
charter certificate, a charter may acquire legal personality but only for purposes of filing a petition
for election.

IV.

I will advise Pedro that he cannot form a Union for purposes of collective bargaining
agreement.

Under the labor code, an employee-member of a cooperative cannot invoke the right to
collective bargaining for the reason that an owner cannot bargain with himself or with his co-
owners.

In his case, the organization entered by Pedro was one considered as a cooperative for the
reason of investing money for the common economic benefit. In which case, as specifically
prohibited under the Labor Code, Pedro could not form a labor union from such organization being
cooperative in nature.

V.

a.

No. The Human Resource is not correct.

Under the law, all employees of the same bargaining unit shall be eligible to vote. Further,
jurisprudence does not prohibit a probationary employee his right to vote in a certification election
since the same would be violative of the employee’s Constitutional right to self-organization.
 In this case, Maria being a probationary employee still has the right to represent herself or
to vote in a Certification Election that would be conducted by the company as it is not specifically
prohibited under the law or by the labor code.

b.

Yes. Maria may file charges against the employer.

Under the law, unfair labor practice occurs when one of the rights as to the collective bargaining
agreement has been violated. Jurisprudence provides, that even a provision in the CBA disqualifying
an employee from voting during the Certification Election is violative of the employee’s
constitutional right to self-organization.

In this case, the act of intentionally omitting Maria’s name would constitute unfair labor practice.
Hence, Maria may file a charge against the the employer.

VI.

a. The rights and conditions of union membership are as follows:

i. Political rights
ii. Rights as to money matters
iii. Right to be informed
iv. Right to demand receipt for payment of fees
v. Rights to decision making
b. The petition for certification election must contain the following:
i. That the bargaining unit is organized;
ii. That if there is a duly registered collective bargaining agreement it was filed within
60 day freedom period
iii. A signature of at least 25% of all its employees if the organization is an organized
establishment.
c. The grounds for the denial of a petition for certification election are the following:
i. It was not a bargaining unit that is organized;
ii. It was filed before or after the freedom period of a registered CBA;
iii. The union was not registered with the DOLE
iv. The legal personality to file was revoked or cancelled with finality