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Labor relations law: which defines the status, rights and duties and the institutional mechanisms that

govern the individual and collective interactions of employers, employees or their representatives. Social legislation: provides particular kinds of protection or benefits to society or segments thereof in furtherance of social justice. Labor laws are necessarily social legislation. Constitutional and Statutory. Difference: Labor laws directly affect employment while social legislation governs effects of employment.

Labor contract - is a contract between employer and employees (i.e. union) which governs working conditions, wages, fringe benefits, and grievances. Labor-management relations is used to describe broad spectrum of activities which concern relationship of employees to employers both union and non-union. Constitutional mandate The State shall promote social justice in all phases of national development. (Section 10, Article II). primary social economic force. It shall protect the rights of workers and promote their welfare. (Section 18, Article II) protection to labor, local and overseas, organized and unorganized. (Section 3, Article XIII) Protection of the rights of the workers includes the workers right to security of tenure and due process no person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied of the equal protection of laws. This right to due process(Section 1, Article III. ) In the hierarchy of rights of employees, the right to security of tenure is high Right to self-organization

Independent Union -any labor organization operating at the enterprise level whose legal personality is derived through an independent action for registration as prescribed under Art. 234. and may be affiliated with a federation, national or industry union Local Union or Chapter

-derived through the issuance of a charter by a duly registered federation or national union, subject to the reporting requirements National Union / federation -At least 10 locals/chapters or affiliates each of which must be a duly certified or recognized collective bargaining agent. Bargaining Unit -a group of employees sharing mutual interest within a given employer unit, comprised of all or less than all of the entire body of employees in the employer unit or any specific occupation or geographic grouping within such employer unit. FACTORS in determining appropriate CB unit ( GP SM) 1. Globe Doctrine ( Globe Mackay) will of the employees 2. Mutual Interest Rule affinity and unity of employees interest, such as substantial similarity of work and duties or compensation and working conditions 3. Prior CB history 4. Similarity of employment status Exclusive Bargaining Representative -any Legitimate Labor Organization duly certified or recognized as the SOLE and Exclusive Bargaining agent of all employees in a Bargaining Unit Bargaining Representative LLO whether or not employed by the employer Labor or Industrial Dispute -any controversy or matter concerning terms or conditions of employment or the association or representation of persons in negotiating, fixing, maintaining, changing or arranging terms and conditions of employment regardless of whether or not the disputants stand in the proximate relationship of employers and employees. National Labor Organization (NLRC) -agency attached to the DOLE for purposes and policy coordination only -composed of a chairman and 14 members 5 members nominees of the workers and employers organization 4 members recommenders of Secretary of Labor Jurisdiction: NLRC - exclusive appellate jurisdiction Labor Arbiters -original and exclusive jurisdiction to hear and decide, within 30 calendar days AFTER the submission of the case by the parties for decision without extension:

1. Unfair Labor Practice Cases - general rule ULP falls under LA Except: ULP which is indispensable to the NATIONAL INTEREST Secretary of DOLE 2. Termination Disputes Except a.when the parties, under Art. 262, unmistakably express that they agree to submit the same to voluntary arbitration. b. resulting from interpretation and implementation of CBAs and interpretation and enforcement of company personnel policies 3. Claims involving wage, rates of pay, hours of work with reinstatement 4. Claims for damages (reasonable causal connection) 5. Violation of Art. 264, legality of stirkes and lock outs Except : issue INJUNCTION - NLRC 6. All other claims amount exceeding P5,000.00 regardless accompanied by reinstatement 7. original and exclusive jurisdiction over claims for damages arising from employer-employee relations to award not only the reliefs provided by labor laws, but also damages governed by the Civil Code.