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bound
by
the
technical
rules
of
procedure
in
of
any
or
all
prohibited
or
unlawful
acts
or
to
the
adjudication
of
cases.
require
the
performance
of
a
particular
act
Art.
227
of
the
LC
provides
that
in
any
when:
proceeding
before
the
Commission
or
the
(a) prohibited
or
unlawful
acts
have
labor
arbiters,
rules
of
evidence
prevailing
in
been
threatened
and
will
be
courts
of
law
or
equity
shall
not
be
controlling
committed
unless
restrained
or
and
it
is
the
spirit
and
intention
of
the
law
that
have
been
committed
and
will
be
the
Commission
and
its
members
shall
use
continued
unless
restrained;
every
and
all
reasonable
means
to
ascertain
(b) substantial
and
irreparable
injury
the
facts
n
each
case
speedily
and
objectively
to
complainant’s
property
will
and
without
regard
to
technicalities
of
law
or
follow;
procedure,
all
in
the
interest
of
due
process.
(c) greater
injury
will
be
inflicted
Decisions
of
the
labor
arbiter
may
only
upon
complainant
by
the
denial
of
be
appealed
to
the
NLRC
on
the
following
relief
than
will
be
inflicted
upon
grounds:
defendant
by
the
granting
of
(a) there
is
prima
facie
evidence
of
relief;
abuse
of
discretion
on
the
part
of
(d) complainant
has
no
adequate
the
Labor
Arbiter;
remedy
at
law;
and
(b) the
decision,
order
or
award
was
(e) public
officers
charged
with
the
secured
through
fraud
or
duty
to
protect
complainant’s
coercion,
including
graft
and
property
are
unable
or
unwilling
corruption;
to
furnish
adequate
protection.
(c) if
made
purely
on
questions
of
law;
and
Bureau of Labor Relations
(d) if
serious
errors
in
the
findings
of
facts
are
raised
which
would
(a) What is the jurisdiction of the BLR?
cause
grave
or
irreparable
(b) Did the employer commit ULP in
damage
or
injury
to
the
appellant.
terminating the employee?
(c) Who has jurisdiction over termination
May a third person institute a separate legal disputes?
action with regular courts for the issuance of a (d) What course of action would you advice
writ of injunction? On what grounds? Give the management should take on the
example. request of the union to terminate
Yes.
In
the
case
of
Yupangco
Cotton
employee on account of the union
Mills
v.
CA,
the
Court
ruled
that
an
RTC
security closed-shop clause provided by
injunction
against
the
labor
arbiter
and
the
the CBA?
NLRC
is
allowed.
The
general
rule
that
no
court
(e) At what instance shall the union be
has
the
power
to
interfere
by
injunction
with
responsible to pay backwages and
the
judgments
or
decrees
of
another
court
damages?
with
concurrent
or
coordinate
jurisdiction
(f) Will the company be liable as well if the
applies
only
when
no
third-‐party
claimant
is
union is adjudged liable?
involved.
When
a
third-‐party,
or
a
stranger,
to
The
Bureau
of
Labor
Relations
and
all
the
labor
dispute
asserts
a
claim
over
the
the
Labor
Relations
Divisions
in
the
regional
property
levied
upon,
the
claimant
may
offices
of
the
Department
of
Labor
shall
have
vindicate
his
claim
by
an
independent
action
in
original
and
exclusive
authority
to
act,
at
their
the
proper
civil
court
which
may
stop
the
own
initiative
or
upon
request
of
either
or
execution
of
the
judgment
on
property
not
both
parties,
on
all
inter-‐union
and
intra-‐union
belonging
to
the
judgment
debtor.
conflicts,
and
all
disputes,
grievances
or
problems
arising
from
or
affecting
labor-‐
When can an injunction to issue?
management
relations
in
all
workplaces
The
NLRC
has
the
power
to
enjoin
or
whether
agricultural,
non-‐agricultural,
except
restrain
any
actual
or
threatened
commission
those
arising
from
the
implementation
or
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(a)
In
terms
of
the
right
to
self-‐ public
service,
government
employees
cannot
organization,
the
Labor
Code
governs
hamper
the
same
by
staging
strikes.
employees
of
the
private
sector.
Art.
252
in
particular
provides
that
“all
persons
employed
Distinguish managerial, supervisory and rank-and-
in
commercial,
industrial
and
agricultural
file employees? Is each eligible to join a union?
enterprises
and
in
religious,
charitable,
medical
Article
219
of
the
Labor
Code
defines
or
educational
institutions
whether
operating
the
following
as:
for
profit
or
not,
shall
have
the
right
to
self-‐
A
managerial
employee
is
one
who
is
organization
and
to
from,
join,
or
assist
labor
vested
with
powers
or
prerogatives
to
law
organizations
of
their
own
choosing
for
down
and
execute
management
policies
purposes
of
collective
bargaining.
Ambulant,
and/or
to
hire,
transfer,
suspend,
lay
off,
recall,
intermittent
and
itinerant
workers,
self-‐ discharge,
assign
or
discipline
employees.
They
employed
workers,
rural
workers
and
those
are
prohibited
from
joining
or
assisting
labor
without
definite
employers
may
form
labor
unions
by
virtue
of
the
confidential
or
fiduciary
organizations
for
mutual
aid
and
protection.
character
of
their
employment.
While
those
in
the
government
and
in
Supervisory
employees
are
those
GOCC
with
original
charters
are
governed
by
who,
in
the
interest
of
the
employer,
Civil
Service
Laws.
effectively
recommend
such
managerial
(b)
It
is
important
to
determine
actions
if
the
exercise
of
such
authority
is
not
whether
an
employee
is
a
government
merely
routinary
or
clerical
in
nature
but
employee
or
a
private
employee
for
the
requires
the
use
of
independent
judgment.
purpose
of
determining
which
law
governs
his
Supervisory
employees
may
form
or
join
labor
employment
and
which
court,
tribunal
or
organizations
of
their
own,
but
not
eligible
for
quasi-‐judicial
body
has
jurisdiction
over
membership
in
a
labor
organization
of
the
disputes
arising
from
his
employment.
It
rank-‐and-‐file
employees.
should
be
pointed
out
that
the
rights
and
All
employees
not
falling
within
any
of
benefits
arising
out
of
the
Labor
Code
which
the
above
definitions
are
considered
rank-‐and-‐
governs
employees
in
the
private
sector
are
file
employees.
These
are
employees
whose
different
from
those
granted
under
the
civil
tasks
may
be
clerical,
manual
and
routinary
service
laws.
and
does
not
require
the
use
of
independent
(c)
Yes,
government
employees
can
judgment.
They
may
form,
join
or
assists
labor
form
and
join
unions.
The
Constitution
itself
unions.
provides
that
the
right
of
the
people,
including
those
employed
in
the
public
and
private
Who is a confidential employee? Can he join a
sectors,
to
form
unions,
associations
or
union? Why or why not?
societies
for
purposes
not
contrary
to
law
shall
Confidential
employees
assist
and
act
not
be
abridged.
However,
the
government
in
a
confidential
capacity
to,
or
have
access
to
employee’s
right
to
self-‐organization
is
limited
confidential
matters
of,
persons
who
exercise
only
for
the
furtherance
and
protection
of
managerial
functions
in
the
field
of
labor
their
interests
or
for
mutual
aid
and
benefit,
relations.
These
employees
are
those
who
by
and
not
for
the
purpose
of
collective
reason
of
their
positions
or
nature
of
their
bargaining
which
is
granted
to
employees
in
work
are
required
to
assist
or
act
in
a
fiduciary
the
private
sector.
This
is
because
most
of
the
manner
to
managerial
employees
and
are
rights
and
privileges,
i.e.
wages,
hours
of
work,
likewise
privy
to
sensitive
and
highly
etc.
are
fixed
by
law
and
not
subject
to
confidential
records.
(Metrolab
Industries
v.
negotiation.
Confesor)
(d)
No,
the
government
employees
Thus,
they
cannot
join,
form
or
assist
cannot
strike.
While
they
are
granted
the
right
labor
unions.
They
cannot
even
be
made
to
to
form
and
join
unions,
organizations
and
pay
agency
fees
or
be
subjected
to
union
associations,
they
are
not
granted
the
right
to
security
clause
since
they
are
not
part
of
the
strike.
This
is
because
the
nature
of
their
bargaining
unit.
The
ineligibility
which
applies
service
is
imbued
with
public
interest.
Being
in
to
managerial
employees
equally
applies
to
them.
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agent
shall
be
entertained
and
no
certification
Art.
252
of
the
Labor
Code
guarantees
election
shall
be
conducted
by
the
DOLE
that
all
persons
employed
in
commercial,
outside
of
the
60-‐day
freedom
period.
All
industrial
and
agricultural
enterprises
and
in
other
aspects,
or
the
economic
provisions,
religious,
charitable,
medical
or
educational
shall
be
renegotiated
not
later
than
3
years
institutions
shall
have
the
right
to
self-‐
after
its
execution.
organization
and
to
form,
join,
or
assist
labor
organizations.
This
is
a
mere
reiteration
of
the
*Representation
aspect
refers
to
the
constitutional
right
to
join
organizations
which
identity
and
majority
status
of
the
union
that
include
the
right
not
to
join
organizations.
negotiated
the
CBA
as
the
exclusive
Thus,
an
employee
cannot
be
compelled
to
representative
of
the
bargaining
unit.
All
other
join
an
association.
provisions
refers
to
the
CBA,
economic
as
well
However,
a
closed-‐shop
agreement
is
as
non-‐economic
provisions
of
the
CBA.
not
a
violation
of
this
constitutional
right.
In
Liberty
Flour
Mills
Employees
v.
Liberty
Flour
What shall a CBA include? And what is the Mills
,
the
SC
emphasized
that
it
is
the
policy
of
rationale or legislative intent behind the fixing of the
State
to
promote
unionism
to
enable
the
such terms? workers
to
negotiate
with
management
on
the
Art.
264
provides
that
any
collective
same
level
and
with
more
persuasiveness
than
bargaining
agreement
that
the
parties
may
if
they
were
to
individually
and
independently
enter
into
shall
insofar
as
representation
bargain
for
the
improvement
of
their
aspect
is
concerned,
be
for
a
term
of
5
years
respective
conditions.
The
Constitutional
during
which
time
no
petition
questioning
the
guaranty
to
collectively
bargaining,
majority
status
of
the
incumbent
bargaining
negotiations
and
peaceful
concerted
actions
agent
shall
be
entertained
and
no
certification
including
the
right
to
strike
may
be
easily
election
shall
be
conducted
by
the
DOLE
thwarted
if
every
worker
were
to
choose
to
go
outside
the
60-‐day
period
immediately
before
his
own
separate
way
instead
of
joining
his
co-‐
the
expiry
of
such
five-‐year
term.
All
other
employees
in
planning
collection
action
and
provisions
of
the
CBA
shall
be
renegotiated
presenting
a
united
front
when
they
sit
down
not
later
than
3
years
after
its
execution.
to
bargain
with
their
employers.
It
is
for
this
The
five-‐year
term
for
the
reason
that
the
law
has
sanctioned
stipulations
representation
aspect
is
fixed
so
that
any
for
the
union
shop
and
the
closed
shop
as
a
“outside
union”
could
not
disturb
the
political
means
of
encouraging
the
workers
to
join
and
situation
in
the
enterprise
thereby
allowing
a
support
the
labor
union
of
their
own
choice
as
longer
period
of
effective
industrial
peace;
their
representative
in
the
negotiation
of
their
while
the
shorter
3-‐year
period
for
the
other
demands
and
the
protection
of
their
interest
provisions
(the
terms
and
conditions
or
vis-‐à-‐vis
the
employer.
economic
provisions)
to
protect
the
economic
There
are
however
exceptions,
and
in
gains
of
the
workers.
the
case
of
Victoriano
v.
Elizalde
Rope
Worker’s
Union,
the
Court
maintained
that
religious
A union had a closed shop agreement with the freedom
is
a
fundamental
personal
right
and
management. Victoriano however left the union on liberty
and
occupies
a
preferred
position
in
the
account that the same is not allowed by his hierarchy
of
values.
Contractual
rights
must
religion. Because of this, the union asked that the yield
to
freedom
of
religion.
As
such,
while
management terminate his employment pursuant ordinarily
an
employee
may
be
compelled
to
to the closed shop agreement. Victoriano however join
a
union
or
association
pursuant
to
a
closed
argued that the same is a violation of his right shop
agreement,
the
same
does
not
apply
to religious freedom. where
the
worker
refuses
to
do
so
on
the
a) Is the closed shop agreement ground
of
his
religious
belief.
unconstitutional for violating the
right to join organizations? What is a closed-shop agreement? What is its
b) May Victoriano be compelled to join purpose? Is it a valid agreement?
a union?
A
closed
agreement
is
a
kind
of
union
security
agreement
which
provides
that
only
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union
members
can
be
hired
by
the
company
(e) Denies
to
nonunion
workers
and
they
must
remain
as
union
members
to
equal
opportunity
for
retain
employment
in
the
company.
employment.
Yes,
it
is
a
valid
agreement.
Jurisprudence
has
consistently
recognized
Distinguish certification election, consent election
closed
shop
agreements
as
a
valid
form
of
and run-off election.
union
security
and
the
same
is
a
not
a
Certification
election
means
the
restriction
of
the
right
of
freedom
of
process
of
determining
through
secret
ballot
association
guaranteed
by
the
Constitution.
the
sole
and
exclusive
representative
of
the
The
State
promotes
unionism
to
employees
in
an
appropriate
bargaining
unit,
enable
the
workers
to
negotiate
with
for
purposes
of
collective
bargaining
or
management
on
the
same
level
and
with
more
negotiation.
persuasiveness
than
if
they
were
to
A
run-‐off
election
is
when
an
election
individually
and
independently
bargain
for
the
which
provides
for
three
or
more
choices
improvement
of
their
respective
conditions.
results
in
none
of
the
contending
unions
By
holding
out
to
loyal
members
a
promise
of
receiving
a
majority
of
the
valid
votes
cast
and
employment
in
the
closed-‐shop,
it
wields
there
is
no
unresolved
challenge
of
vote
or
group
solidarity.
election
protests,
there
shall
be
another
election
between
two
unions
which
received
Give 5 advantages and 5 disadvantages of closed the
highest
number
of
votes,
provided
that
the
shop agreements.
number
of
votes
of
the
contending
unions
is
at
The
advantages
are:
least
50%
of
the
number
of
votes
cast.
(a) increases
the
strength
and
A
consent
election
has
the
same
bargaining
power
of
LO;
purpose
as
a
certification
election
–
that
is
to
(b) prevents
non-‐union
workers
determine
which
union
should
serve
as
the
from
sharing
in
the
benefits
of
bargaining
agent.
The
difference
is
that
a
the
union’s
activities
without
certification
election
is
ordered
by
the
DOLE,
also
sharing
its
obligations;
while
a
consent
election
is
voluntarily
agreed
(c) prevents
the
weakening
of
upon
by
the
parties,
with
or
without
the
standards
caused
by
intervention
of
the
DOLE.
competition
with
nonunion
workers;
What is the requirement in order that a Med-
(d) enables
labor
organizations
Arbiter shall automatically call for an election in
effectively
to
enforce
collective
an organized establishment? In unorganized
agreements;
establishment?
(e) facilitates
the
collection
of
dues
In
organized
establishments,
Art.
267
and
enforcement
of
union
rules
that
the
Med
Arbiter
shall
automatically
order
While
the
disadvantages
are:
an
election
by
secret
ballot
when
the
verified
(a) Results
in
the
monopolistic
petition
is
supported
by
the
written
consent
of
domination
of
employment
by
at
least
25%
of
all
the
employees
in
the
labor
organizations;
bargaining
unit
to
ascertain
the
will
of
the
(b) Interferes
with
the
freedom
of
employees
in
the
appropriate
bargaining
unit.
contract
and
personal
liberty
of
To
have
a
valid
election,
at
least
a
majority
of
the
individual
worker
all
eligible
voters
in
the
unit
must
have
cast
(c) Compels
employers
to
discharge
their
vote.
The
labor
union
receiving
the
all
nonunion
workers
regardless
majority
of
the
valid
votes
shall
be
certified
as
of
efficiency,
length
of
service,
the
exclusive
bargaining
agent
of
all
the
etc.
workers
in
the
unit.
(d) Facilitates
the
use
of
labor
In
unorganized
establishments,
Art.
organizations
by
unscrupulous
268
provides
that
a
certification
election
shall
union
leaders
for
the
purpose
of
automatically
be
conducted
by
the
Med-‐
extortion,
restraint
of
trade,
etc.
Arbiter
upon
the
filing
of
a
petition
by
any
legitimate
labor
organization,
including
a
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national
union
or
federation
which
has
already
is
to
find
which
union
should
serve
as
the
issued
a
charter
certificate
to
its
local/chapter
bargaining
agent.
The
difference
is
that
a
CE
is
participating
in
the
certification
election
or
a
ordered
by
the
DOLE
while
a
consent
local/chapter
which
has
been
issued
a
charter
electionis
voluntarily
agreed
upon
by
the
certificate
by
the
national
union
or
federation.
parties,
with
or
without
the
intervention
of
the
DOLE.
What is the test in determining a bargaining unit’s
appropriateness or acceptability?
Unfair Labor Practice
The
basic
test
of
a
bargaining
unit’s
acceptability
is
whether
it
will
best
assure
to
all
Explain the concept of unfair labor practice. Give
employees
the
exercise
of
their
collective
3 examples of ULP by the employer and 3
bargaining
rights.
There
must
be
a
examples of ULP by the union.
“community
of
interest”
as
reflected
in
groups
Unfair
labor
practice
is
any
act
that
having
substantial
similarity
of
work
and
duties
aims
to
weaken
or
defense
the
Constitutional
or
similarity
of
compensation
and
working
right
to
self-‐organization.
Unfair
labor
conditions.
practices
violate
the
constitutional
right
of
workers
and
employees
to
self-‐organization,
Is the bargaining unit the same as the union?
are
inimical
to
the
legitimate
interests
of
both
No.
A
bargaining
unit
is
not
the
same
labor
and
management,
including
their
right
to
as
the
union;
in
fact,
there
may
be
several
bargain
collectively
and
otherwise
deal
with
unions
in
one
bargaining
unit.
each
other
in
an
atmosphere
of
freedom
and
Distinguishing
the
CBU
from
the
union
mutual
respect,
disrupt
industrial
peace
and
is
important
because:
hinder
the
promotion
of
healthy
and
stable
1) In
a
certification
election,
the
labor-‐management
relations.
voters
are
the
CBU,
whether
Unfair
labor
practices
are
not
merely
union
or
nonunion
members.
violations
of
the
civil
rights
of
both
labor
and
2) In
a
CBA
ratification,
the
voters
management
but
are
also
criminal
offenses
are
the
unit,
not
just
the
union
against
the
State
which
shall
be
subject
to
members;
prosecution
and
punishment.
[257,
LC]
3) In
strike
voting,
the
voters
are
the
Under
Art.
258,
ULP
may
be
members
of
the
union,
not
all
of
committed
by
the
employer
when
he:
the
unit.
(1) interferes
with,
restrains
or
coerces
employees
in
the
What are the three methods of determining the exercise
of
their
right
to
self-‐
bargaining union?
organization;
The
three
methods
are:
(a)
voluntary
(2) requires
as
a
condition
of
recognition;
(b)
certification
election
and
(c)
employment
that
a
person
or
an
consent
election.
employee
not
join
a
labor
Voluntary
recognition
is
when
the
organization
or
withdraw
from
employer
voluntarily
recognizes
the
bargaining
one
which
he
belongs
to
(yellow
agent.
The
same
however
is
possible
only
in
an
dog
condition);
unorganized
establishment
where
there
is
only
(3) to
contract
out
services
or
one
union
asking
for
recognition
and
the
union
functions
being
performed
by
voluntarily
recognized
is
the
majority
union
as
union
members
when
such
will
indicated
by
the
fact
that
members
of
the
interfere
with,
restrain
or
coerce
bargaining
unit
did
not
object
to
the
projected
employees
in
the
exercise
of
recognition.
their
right
to
self-‐organization;
Certification
election
is
the
(4) to
initiate,
dominate,
assist
or
democratic
method
of
determining
the
otherwise
interfere
with
the
employee’s
choice
of
their
bargaining
formation
or
administration
of
representative
through
secret
ballot.
any
labor
organization,
including
Consent
election
is
basically
the
same
the
giving
of
financial
or
other
as
a
certification
election
in
which
the
purpose
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support
to
it
or
its
organizers
or
The
law
does
not
compel
agreements
between
supporters.
employers
and
employees
and
neither
party
is
legally
obligated
to
yield
even
on
a
mandatory
On
the
other
hand,
ULP
may
be
bargaining
subject.
Where
the
subject
of
the
committed
by
the
union
when
it:
dispute
is
a
mandatory
bargaining
subject,
(1) restrains
or
coerces
employees
in
either
party
may
bargain
to
an
impasse
as
long
the
exercises
of
their
right
to
self-‐ as
he
bargains
in
good
faith.
The
duty
to
organization.
However,
a
labor
bargain
does
not
obligate
a
party
to
make
organization
shall
have
the
right
concessions
or
yield
a
position
fairly
held.
As
to
prescribe
its
own
rules
with
long
as
the
same
is
effected
in
good
faith,
respect
to
the
acquisition
or
management
cannot
be
considered
in
violation
retention
of
membership;
of
the
duty
to
bargain.
Hence,
no
ULP.
(2) causes
or
attempts
to
cause
an
employer
to
discriminate
against
Grievance Machinery and Voluntary
an
employee,
including
Arbitration
discrimination
against
an
employee
with
respect
to
whom
What is a grievance machinery?
membership
in
such
organization
A
grievance
machinery
is
a
mechanism
has
been
denied
or
to
terminate
for
the
adjustment
and
resolution
of
an
employee
on
any
ground
other
grievances
arising
from
the
interpretation
or
than
the
usual
terms
and
implementation
of
their
Collective
Bargaining
conditions
under
which
Agreement
and
those
arising
from
the
membership
or
continuation
of
interpretation
or
enforcement
of
company
membership
is
made
available
to
personnel
policies.
This
is
a
procedure
other
members;
provided
in
the
CBA
which
must
be
adhered
to
(3) violates
the
duty
or
refuses
to
by
the
parties.
Refusal
or
failure
to
do
so
is
an
bargain
collectively
with
the
unfair
labor
practice,
because
the
grievance
employer,
provided
it
is
the
procedure
is
part
of
the
continuous
process
of
repsentative
of
the
employees;
collective
bargaining.
It
is
intended
to
promote
(4) Causes
or
attempts
to
cause
an
friendly
dialogue
between
labor
and
employer
to
pay
or
deliver
or
management
as
a
means
of
maintaining
agree
to
pay
or
deliver
any
money
industrial
peace.
or
other
things
of
value,
in
the
nature
of
an
exaction,
for
services
What is the jurisdiction of voluntary arbitrators?
which
are
not
performed
or
not
The
VA
shall
have
original
and
to
be
performed,
including
the
exclusive
jurisdiction
to
hear
and
decide
all
demand
for
fee
for
union
unresolved
grievances
arising
from
the
negotiations.
interpretation
or
implementation
of
the
CBA
and
those
arising
from
the
interpretation
or
enforcement
of
company
personnel
policies.
The Union demanded an increase in the wages and
The
VA,
upon
agreement
of
the
argued that the same is mandatory as wage is parties,
may
also
hear
and
decide
all
other
one of the mandatory subjects under the CBA. labor
disputes
including
unfair
labor
practices
The counsel of management however advised the and
bargaining
deadlocks.
[Art.
273-‐274]
latter not to accede to union’s demands for
increase in wage. Does the same constitute unfair How may decisions of the VA be appealed and to
labor practice? Why or why not? which court?
No.
Although
the
Labor
Code
imposes
Appeal
from
the
decision
of
a
upon
the
parties
the
duty
to
bargain
voluntary
arbitrator
falls
within
the
exclusive
collectively
for
the
purpose
of
negotiating
an
appellate
jurisdiction
of
the
CA
through
a
agreement
with
respect
to
wages,
and
that
Petition
for
Review
under
Rule
43
and
not
indeed,
wages
is
a
mandatory
subject;
nothing
Special
Civil
Action
of
Certiorari
under
Rule
65.
in
the
law
however
compels
parties
to
agree.
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