Académique Documents
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ELAH V.
Definitions:
Duty to bargain collectively
the duty to bargain collectively means the performance of a mutual obligation to meet and convene
promptly and expeditiously in good faith for the purpose of negotiating an agreement with respect
to wages, hours of work and all other terms and conditions of employment including proposals for
adjusting any grievance or questions arising under such agreement and executing a contract
incorporating such agreements if requested by either party but such duty does not compel any
party to agree to a proposal or to make any concession. (ART. 252)
Deadlock Bar Rule
The Deadlock Bar Rule simply provides that a petition for certification election can only be
entertained if there is no pending bargaining deadlock submitted to conciliation or arbitration or
had become the subject of a valid notice of strike or lockout. The principal purpose is to ensure
stability in the relationship of the workers and the management.
Contract Bar Rule
The contract bar doctrine provides that once a contract is executed, the National Labor Relations
Board (NLRB) generally does not permit a representation election in the unit covered by the
contract until the contract expires up to a 3 year limit. This rule applies to a petition by another
union to represent the employees, a petition filed by the employees to decertify, or a petition filed
by the employer. The contract bar doctrine is followed in determining whether or not an existing
collective-bargaining contract will bar an election.
-refers to the existence of CBA. Whre there is an existing CBA which has been duly registered, a
petition for CE may be filed, as already explained, only within the freedomperiod which is the
last 60 days of the fifth year of the CBA.
Certification Election
Certification election is a process of determining through secret ballot the sole and exclusive
bargaining agent (SEBA) of all the employees in an appropriate bargaining unit for the purpose of
collective bargaining.
Consent Election
"Consent Election" means the election voluntarily agreed upon by the parties to determine the
issue of majority representation of all the workers in the appropriate collective bargaining unit.
Run-off Election
"Run-Off" refers to an election between the labor unions receiving the two (2) higher number of
voters when a certification election which provides for three (3) or more choices results in no choice
receiving a majority of the valid votes cast, where the total number of votes for all contending
unions is at least fifty percent (50%) of the number of votes cast.
Substitutionary Doctrine
Substitutionary doctrine refers to a principle in labor law which states that even during the
existence of a collective bargaining agreement executed between the employer and the employees
through their agent, the employees can change the said agent but the contract continues to bind
them up into its expiration date. According to the doctrine, the employees cannot revoke the validly
executed collective bargaining contract with their employer by the simple expedient of changing
their bargaining agent. In the event, the new agent must respect the earlier contract.
Labor Organization
means any union or association of employees in the private sector which exists in whole or in part
for the purpose of collective bargaining or for dealingwith employers concerning terms and
conditions of employment.
Yellow Dog Contract
A promise exacted from workers or prospective employees that they will not belong to, or form, a
union during their employment. Unless the promise is given, the worker will not be hired, or if
already hired will lose his job. ULP
Union-busting
To interfere with, restrain or coerce employees in the exercise of their right to self-organization. ULP
Run-away shop
An industrial plant moved by its owners frgom one location to another to escape union labor
regulations, or state laws, but the term is also used to describe a plant removed to anew location in
order to discriminate against employees at the old plant because of their union activities.
Union Shop
Requires of union shop are: 1) the labor union must be the employees bargaining representative,
pursuant to the manner of designation or selection 2) the union shop arrangement must be entered
into by mutual agreement; and 3) the conditions of the union shop arrangement must be expressed
unequivocally in the labor contract.
Featherbedding
Is the name given to employee practices which create or spread employment by unnecessarily
maintaining or increasing the number of employees used, or the amount of time consumed, to work
on a particular job.
Bargaining in good faith
A fair criterion of good faith in collective bargaining requires that the parties involved deal with
each other with open and fair mind and sincerely endeavor to overcome obstacles or difficulties
existing between them to the end that employment relations may be established and obstruction to
the free flow of commerce prevented.
Boulwarism
making a proposal which is not subject to bargaining. In effect there was to be no bargaining and
the union was rendered ineffective or irrelevant. The company dealt with the union through the
employees rather than with the employees through the union.
Certification Election
Where a voluntary recognition did not or cannot happen, a union selection through election should
take place.
The electoral procedure to determine the employees exclusive bargaining representative.
It serves as the official, reliable and democratic basis for the Bureau to determine and name the
union that shall represent the employees in bargaining with the employer.
Consent Election
Means an election voluntarily agreed upon by the contending unions, with or without the
intervention of the Department, to determine which union carries the majority of the workers in the
appropriate collective bargaining unit.
Where a petition for certification election had been filed, and upon the intercession of the MedArbiter, the parties agreed to hold a consent election, the results shall constitute a bar to the
holding of a certification election for one year from the holding of such consent election.
Bystander Rule
In bystander rule in certification election, the employer is regarded as nothing more than a
bystander with no right to interfere at all in the election, the same being the sole concern of the
workers.
Collective Bargaining Unit (CBU)
- refers to a contract executed upon request of either the employer or the exclusive bargaining
representative of the employees incorporating the agreement reached after negotiations with
respect to wages, hours of work and all other terms and conditions of employment, including
proposals for adjusting any grievances or questions under such agreement.
Jurisdictional preconditions of collective bargaining, namely: 1) possession
representation; (2) proof of majority representation; and (3) demand to bargain.
of
majority
Bargaining impasse
- exists when good faith bargaining on the part of the parties has failed to resolve the issue and there
are no definite plans for further efforts to break deadlock.
Surface Bargaining
- defined as going through the motions of negotiating without any legal intent to reach agreement.
- Repeated shifts in position and attitude on the part of an employer whenever a tentative agreement
is reached are evidence of a refusal to bargain collectively in good faith.
Certification year bar (One year bar rule)
No petition for C. E. may be filed within one year from the date of a valid certification, consent, or
run-off election or from the date of entry of a voluntary recognition of the union by the employer.
Hold-over Rule
It is a rule which declares that in the absence of an express or implied constitutional or statutory
provisions prohibiting hold-over, an officer is entitled to hold office until his successor is appointed
and qualified. This rule prevents disruption of public service in the meantime that a successor is not
yet appointed and qualified to assume the functions of the office.
Title
Principle
Hawaiian-PhilCo
V
Gulmatico
Austria
V
NLRC
It does not matter that the employer here is a religious sect and that it was
organized not for profit because the LC applies to all establishments whether
for profit or not.
Dayag et al
V
Canizares
The claim for said prize unquestionably arose from an ER_EE realtion and,
therefore, falls within the coverage of Art. 217 (224) of the LC which speaks
of all the claims arising frgom EE-ER relations, unless expressly excluded by
this Court.
Rubberworld
V
NLRC
St.
Martin
Funeral
Homes v. NLRC
Progressive
Development
DOLE
Corp.
1. The way to review NLRC decisions is through the special civil action of
certiorari under Rule 65
2. The jurisdiction over such action belongs to both the SC and the CA
3. In line with the doctrine on hierarchy of courts, the petition should be
initially presented to the lower of the two courts, that is, the court of
Appeals.
A local or chapter therefore becomes a LLO only upon submission of the
following to the BLR:
1. A charter certificate, within 30 days from its issuance by the labor
federation or national union
2. The constitution and by-laws, a statement on the set of officers, and the
books of accounts all of which are certified under oath by the secretary or
treasurer, as the case may be, of such local or chapter, and attested to by its
president.
ALEX
FERRER
vs.
NATIONAL
LABOR
RELATIONS
COMMISSION
PHILIPPINE DIAMOND
HOTEL AND RESORT,
INC.
(MANILA
DIAMOND
HOTEL)
versus
MANILA
DIAMOND
HOTEL
EMPLOYEES UNION
the exclusive representative of the employees in such unit for the purpose of
collective bargaining. However, an individual employee or group of
employees shall have the right at any time to present grievances to their
employer.XXXXXX
An ordinary striking worker cannot, thus be dismissed for mere participation
in an illegal strike. There must be proof that he committed illegal acts during
a strike, unlike a union officer who may be dismissed by mere knowingly
participating in an illegal strike and/or committing an illegal act during a
strike.
UNITED
PEPSI-COLA
SUPERVISORY
UNION
(UPSU)
vs.
HON.
BIENVENIDO
E.
LAGUESMA
METROLAB
INDUSTRIES,
INC.
vs. HONORABLE
MA.
NIEVES
ROLDANCONFESOR
FORTUNATO
DA.
BONDOC
vs.
COURT OF INDUSTRIAL
RELATIONS
In the case of Art. 245, there is a rational basis for prohibiting managerial
employees from forming or joining labor organizations.
In Bulletin
Publishing
Co., Inc. v. Hon. Augusto Sanchez,
this
Court
elaborated on this rationale, thus:
. . . The rationale for this inhibition has been stated to be, because if these
managerial employees would belong to or be affiliated with a Union, the
latter might not be assured of their loyalty to the Union in view of evident
conflict of interests. The Union can also become company-dominated with
the presence of managerial employees in Union membership.
Although Article 245 of the Labor Code limits the ineligibility to join, form and
assist any labor organization to managerial employees, jurisprudence has
extended this prohibition to confidential employees or those who by reason
of their positions or nature of work are required to assist or act in a fiduciary
manner to managerial employees and hence, are likewise privy to sensitive
and highly confidential records.
THE
INSULAR
LIFE
ASSURANCE CO., LTD.,
EMPLOYEES
ASSOCIATION-NATU
V
THE
INSULAR
LIFE
ASSURANCE CO., LTD.,
Having this in mind, loss of confidence should ideally apply only to cases
involving employees occupying positions of trust and confidence or to those
situations where the employee is routinely charged with the care and
custody of the employer's money or property. To the first class belong
managerial employees, i.e., those vested with the powers or prerogatives to
lay down management policies and/or to hire, transfer, suspend, lay-off,
recall, discharge, assign or discipline employees or effectively recommend
such managerial actions; and to the second class belong cashiers, auditors,
property custodians, etc., or those who, in the normal and routine exercise of
their functions, regularly handle significant amounts of money or property.
1. the act of compelling employees to sign an instrument indicating that
the employer observed labor standards provisions of law when he
might have not, together with the act of terminating or coercing those
who refuse to cooperate with the employer's scheme constitutes
unfair labor practice. The first act clearly preempts the right of the
hotel's workers to seek better terms and conditions of employment
through concerted action.
Paragraph (f), Article 248 of the Labor Code states it shall be
unlawful for an employer to dismiss, discharge, or otherwise
prejudice or discriminate against an employee for having given or
about to give testimony.
Alexander
Reyes,
Alberto
M.
Nera,
Edgardo M. Geca, and
138
others
v.
Cresenciano B. Trajano
KIOK
LOY
vs.
NATIONAL
LABOR
RELATIONS
COMMISSION (NLRC)
Article 249, par. (g) of the Labor Code makes it an unfair labor practice for an
employer to refuse "to meet and convene promptly and expeditiously in
good faith for the purpose of negotiating an agreement with respect to
wages, hours of work, and all other terms and conditions of employment
including proposals for adjusting any grievance or question arising under
such an agreement and executing a contract incorporating such agreement,
if requested by either party.
The mechanics of collective bargaining is set in motion only when the
following jurisdictional preconditions are present, namely:
(1) possession of the status of majority representation of the employees'
representative in accordance with any of the means of selection or
designation provided for by the Labor Code;
(2) proof of majority representation; and
(3) a demand to bargain under Article 251, par. (a) of the New Labor
Code . ... all of which preconditions are undisputedly present in the instant
case.
GENERAL
MILLING
CORPORATION vs. CA
ALU V FERRER-CALLEJA
The petition for CE doThe petition for CE does not bar the employer and the
incumbent union from renegotiating and renewing the expiring CBA. In other
words, a CBA may be renegotiated before, during, or after the 60-day
freedom period.But if during such period a PCE is filed, the Med-Arbiter can
order the suspension of the renegotiation until the representation
proceedings finally end.
A CBA which was prematurely renewed is not a bar to the holding of a
certification election.
The Court has long since declared that:
... Basic to the contract bar rule is the proposition that the delay of the right
to select representatives can be justified only where stability is deemed
paramount. Excepted from the contract which do not foster industrial
stability, such as contracts where the identity of the representative is in
doubt. Any stability derived from such contracts must be subordinated to the
employees' freedom of choice because it does not establish the type of
industrial peace contemplated by the law.
CAPITOL
MEDICAL
CENTER
OF
CONCERNED
EMPLOYEES-UNIFIED
FILIPINO
SERVICE
WORKERS, (CMC-ACEUFSW),
vs.
HON. BIENVENIDO E.
LAGUESMA,
Section 3, Rule V, Book V Of the Rules Implementing the Labor Code where a
certification election should be conducted, viz: (1) that one year had lapsed
since the issuance of a final certification result; and (2) that there is no
bargaining deadlock to which the incumbent or certified bargaining agent is
a party has been submitted to conciliation or arbitration, or had become the
subject of a valid notice of strike or lockout, are present in this case.
There is deadlock when there is a complete blocking or stoppage resulting
from the action of equal and opposed forcesxxx. The word is synonymous
with the word impasse, whichxxx presupposes reasonable effort at good
faith bargaining which, despite noble intentions, does not conclude in
agreement between the parties.
If the law proscribes the conduct of a CE when there is a bargaining
deadlocks submitted to conciliation or arbitration, with more reason should it
not be conducted if, despite attempts to bring an employer to the
negotiation table by the certified bargaining agent, there was no
reasonable effort in good faith on the part of the employer to bargain
collectively. It is only just and equitable that the circumstances in this case
should be considered as similar in nature to bargaining deadlock when no
certification election could be held.
BENGUET
CONSOLIDATED,
INC.
vs. BCI EMPLOYEES &
WORKERS
UNIONPAFLU
SUBSTITUTIONARY DOCTRINE:
-
Since the CBA is considered the law between the parties, containing as it
does the agreed terms of employment of the employee with his employer,
unilaterally imposed orders or rules qualifying the terms contained in the
agreement are subordinate to the CBA. At most, such rules, such as the rules
on trips abroad formulated by petitioner a few months before Legaspis
application, are merely suppletory and can neither contradict nor undermine
the terms found in the CBA.