Grounds for Cancellation of Registration of LLO

1. Misrepresentation or fraud in connection with the adoption or ratification of the constitution and by-laws or amendments thereto; the minutes of ratification, and the list of members who took part in the ratification; 2. Misrepresentation or fraud in the election of officers; minutes of the election of officers or the list of voters; 3. Voluntary dissolution by the members.

Test of Managerial Status

Whether the person possesses authority to act in the interest of his employer and whether such authority is not merely routinary or clerical in nature, but requires the use of independent judgment.

Unfair Labor Practice (ULP) Elements

1. There is an employer-employee relationship 2. The act done is expressly defined in the Code as an unfair labor practice.

ULP of Employer
1st: Interfere, restrain, coerce (IRC) employees in the exercise of their right to SO 2nd: Require as a condition of employment that an employee not become a part of a labor organization (yellow dog condition) 3rd: Contracting out services of union members which will IRC their right to SO 4th: Initiate, dominate, assist or interfere with the formation of any labor organization, including the giving of financial or other support to it or its organizers or supporters (company union) 5th: Discriminate with regard to wages, hours of work and other T&C of employment to encourage or discourage membership in any LO 6th: Dismiss, discharge, discriminate against an employee for having given or about to give testimony 7th: Violate the duty to bargain collectively

8th: Pay negotiation or attorney's fees for the union or its agents or officers as part of settlement in any issue 9th: Violate a CBA (but only for gross violations)

ULP of Labor Organization

1st: Restrain or coerce employees in the exercise of their right to self organization. (NOTE: Interference not a ULP). 2nd: Attempt/Cause an employer to discriminate against an employee to whom membership in the labor organization was denied or to terminate an employee on any ground other than the usual terms and conditions under which membership or continuation of membership is made available to other members. 3rd: Refuse to bargain collectively with the employer, if it is the representative of the employee. 4th: Attempt/Cause the employer to pay money or other things of value, in the nature of an exaction, for services which are not performed or not to be performed. This includes fee for union negotiations. 5th: Ask/accept negotiations or attorney's fees from employers as part of the settlement in any dispute. 6th: Violation of CBA.

Union Security Clauses

Closed-Shop - only union members can be hired and they must remain as union members to retain employment. Union Shop - Nonmembers may be hired, but must become union members after a certain period to retain employment. Modified Union Shop - Employees who are not union members at the time of the signing the contract is not required to join the union, but all workers hired after is required to join. Maintenance of Membership Shop - Employees are not compelled to join the union, but all present or future members must remain in good standing in the

union. Exclusive Bargaining Shop - Union is recognized as the exclusive bargaining agent for all employees in the bargaining unit, whether union members or not. Bargaining for Members Only - Union is recognized as the bargaining agent only for its own members. Agency Shop - an agreement whereby employees must either join the union or pay to the union as exclusive bargaining agent a sum equal to that paid by the members. (Agent: union; principal: employees)

Grounds to Deny Petition for Certification Election

1st: Non-appearance 2nd: Illegitimacy - Unregistered union 3rd: Illegitimacy - No charter 4th: Absence of Employment relationship 5th: Election Bar - The 12 Month Bar 6th: Election Bar - Negotiation/Deadlock 7th: Election Bar - Existing CBA 8th: Election Bar - Lack of support

Jurisdictional Requirements in Duty to Bargain

1. Possession of status of majority representation of the employees' representative 2. Proof of majority representation 3. Demand to bargain under Art. 250 (a) ["When a party desires to negotiate an agreement, it shall serve written notice upon the other party with a statement of its proposals. The other party shall make a reply thereto not later than ten (10) calendar days from receipt of such notice."]

Doctrines under Bargaining in BAD FAITH

1. Delay of, or Imposing Time Limit on Negotiations - Unwarranted delay in negotiations may be evidence of BFB. An employer has been held guilty when it imposed a seven (7) month bargaining hiatus because of the unavailability of its negotiators; where the employer's negotiator interrupted bargaining sessions with time-consuming discussions; and where the employer pursued dilatory tactics to delay negotiations. However, it has been held that the employer is not guilty of BFB for failing to complete a CBA within a three (3) year period, where many conferences had

been held, even though the employer insisted on a no-strike clause. 2. Surface bargaining - "Surface bargaining" means a sophisticated pretense in the form of apparent bargaining, which does not satisfy the statutory duty to bargain. CB presupposes a desire to reach an ultimate agreement to enter into a CBA. Surface bargaining hovers between BFB and mere hard bargaining. The former is ULP, the latter is not. In the case of Standard Chartered Bank Employees Union (NUBE) v. Hon. Confesor, SB is defined as "going through the motions of negotiating without any legal intent to reach an agreement." Where the Union cannot substantiate its claim that the Bank refused to furnish the information it needed and subsequently accused the employer Bank of SB, the Bank was held not guilty of ULP. Blue Sky Bargaining: This case also provided the definition of "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. (Roberts, Dictionary of Industrial Relations) 3. Shifting bargaining positions - Repeated shifts in position and attitude on the part of an employer whenever a tentative agreement is reached are evidence of BFB. 4. Boulwarism/Take it or leave it bargaining - In 1946, GE developed a new bargaining policy called Boulwarism, when it would determine the desires of the work force and then carefully constructed their proposals still favoring the Company. The company would then begin to "sell" its proposals as "a fair and firm offer" by advertising it around the establishment and then during negotiations, announced that they rejected the usual "horse trading" style of bargaining and offered its proposals. The company would refuse to change its position simply because the Union disagreed with it, and they also pursued a policy of guaranteeing uniform terms for all members, union and non-union. The NLRB found an overall failure of GFB because the stance of the company was designed to derogate the Union in the eyes of its members and the public, by proclaiming themselves as the true defenders of the people's interests while demoting the Unions. According to the NLRB, there must be a "give-andtake" not just a "take-it-or-leave-it" approach to bargaining.

Strike vs. Concerted Activity

1. Concerted Activity: An activity undertaken by two or more employees, by one on behalf of others. A concerted activity, however, may be conceivably done by one person, like when an employee calls up another to induce him to joining group activity, or distributing pamphlets. Done for mutual aid and protection, and for collective bargaining

 Read in relation with Art. 246 - mother right for self-organization 2. Strike: A cessation of work by employees in an effort to get more favorable terms for themselves, or as a concerted refusal by employees to do any work for their employer (or to work at their customary rate of speed) until the object of the strike is attained; any temporary stoppage of work by the concerted action of the employees as a result of an industrial or labor dispute. o Not all concerted activities are strikes, but every strike must be a concerted activity.

6 Factors to Determine Illegality of Strike

1. It is contrary to a specific prohibition of law 2. It violates the procedure established by law 3. It is declared for an unlawful purpose 4. It employs unlawful means in the pursuit of its objective 5. It is in violation of an existing injunction 6. It is contrary to an existing agreement

Jurisdiction of Labor Arbiter

1. ULP (priority, resolved within 30 cal days from submission for decision) 2. Termination disputes 3. Claims for wages, rates of pay, hours of work and other terms and conditions of employment, where there is a claim for reinstatement 4. Claims for actual, moral, exemplary and other forms of damages arising from employer-employee relationship 5. Cases arising from prohibited activities prohibited by Art. 264 during strikes, including questions involving the legality of strikes and lockouts 6. All other claims arising from employer-employee relationship involving an amount exceeding P5000 regardless of whether accompanied by a claim for reinstatement except ECC, SSS, Medicare, & maternity benefits 7. Wage distortion cases in unorganized establishments 8. All monetary claims of OFWs arising from EER or by virtue of any law or contract involving Filipino workers for overseas deployment, including claims for actual, moral, exemplary and other forms of damages (RA 8042) 9. Enforcement of compromise agreements when there is non-compliance by any of the parties pursuant to Art. 227 of the Code (Sec. 1, Rule V, 2005 NLRC Rules)