Go Lang, Crew! (Set 10) Flashcards
Labor Standards and Labor Relations (10 cards)
What is an exclusive bargaining representative? Enumerate (do not discuss) the methods of choosing or selecting the exclusive bargaining representative.
GENERAL RULE: The labor organization designated or selected by the majority of the employees in an appropriate collective bargaining unit shall be the exclusive representative of the employees in such unit for the purpose of collective bargaining (LABOR CODE, Art. 267). [MEMAID 180/191].
○ EXCEPTION: An individual employee or group of
employees shall have the right at any time to
present grievances to their employer (id.).
● Methods to Determine Bargaining Representative
1. SEBA Certification (Request for Sole and Exclusive Bargaining Agent (SEBA) certification (D.O. No. 40-I-15, Rule VII)
2. Certification Election
3. Run-off Election
4. Re-run Election
5. Consent Election
Enumerate the jurisdictional preconditions to collective bargaining. When does a collective bargaining agreement take effect?
The jurisdictional preconditions to collective bargaining are as follows:
(1) Employer-employee relationship must exist between the employer and the members of the bargaining unit being represented by the bargaining
agent;
(2) The bargaining agent must have the majority support of the members of the bargaining unit established through the modes sanctioned by law; and (3) A lawful demand to bargain is made in accordance with law. If the jurisdictional preconditions are present, the collective bargaining should begin within the 12 months following the determination and certification of the employee’s exclusive bargaining representative. This period is known as. the “certification year” [pg. 175, SBU Memaid]
If CBA is the very first for the bargaining unit, the parties have to decide the CBA’s effectivity date. Those made within 6 months after the date of expiry of the CBA are subject to automatic retroaction to the day immediately following such date of expiry. Those concluded after 6 months from expiration of the old CBA, the parties may agree on the date of retroaction. This rule applies only if there is an existing agreement. If there is no existing agreement, there is no retroactive effect because the date agreed upon shall
be the start of the period of agreement. [pg. 179, SBU Memaid]
What is the duration of a collective bargaining agreement? What is the effect of non-renewal of a CBA after its expiration?
Article 265 of the Labor code provides that the duration of the CBA as to representation is 5 years and, as to economic or non-economic, is not later than 3 years after its execution.
The effect of non-renewal of a CBA after its expiration is an automatic renewal pertaining only to the economic provisions of the CBA, but not with regard to the representational aspect of the CBA. [Article 264; pg. 178, SBU Memaid]
What is an ‘Assumption Order” issued by the Secretary of Labor? Discuss its legal effects.
In case of labor dispute in industries which are indispensable to national interest, the Secretary may assume jurisdiction over the dispute or certify the same to the Commission for compulsory arbitration. Such assumption or certification shall have the effect of automatically enjoining the intended or impending strike. If one has already taken place, all striking or locked out employees shall immediately return to work and the employer shall immediately re-admit employees and resume operations. [Article 278(g)]
What is a “labor dispute”? When may a “Certification Order” be issued by the Secretary of Labor?
According to Article 219 of the Labor Code, a Labor dispute includes any controversy or matter concerning terms and conditions of employment or the association or representation of persons in negotiating, fixing, maintaining, changing or arranging the terms and conditions of employment, regardless
of whether the disputants stand in the proximate relation of employer and employee.
Discuss the duty to bargain collectively.
It 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 grievances 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. 263; pg. 175, SBU Memaid]
Distinguish “blue sky bargaining” from “surface bargaining”.
*Blue sky bargaining refers to an 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.
*Surface bargaining means going through the motions of negotiating without any legal intent to reach an agreement. It involves the question of whether or not the employer’s conduct demonstrates an unwillingness to bargain in good faith or is merely hard bargaining.
Distinguish between improved-offer balloting and reduced-offer balloting. Improved-offer balloting occurs in case of a strike while reduced-offer balloting happens in case of a lockout.
For improved-offer balloting, the regional branch of the Board shall, at its own initiative or upon the request of any affected party, conduct a referendum by secret balloting on the improved offer of the employer on or before the 30th day of strike. When at least a majority of the union members vote to accept
the improved offer, the striking workers shall immediately return to work, and the employer shall thereupon readmit them upon the signing of the agreement.
For reduced-offer balloting, the regional branch of the Board shall also conduct a referendum by secret balloting on the reduced offer of the union on or before the 30th day of the lockout. When at least a majority of the board of directors or trustees or the partners holding the controlling interest in the case of partnership vote to accept the reduced offer, the workers shall immediately return to work, and the employer shall thereupon readmit them upon the signing of the agreement.
What is a notice of strike? Who may file a notice of strike?
A notice of strike is a notice filed with the NCMB-DOLE at least 30 days from the intended date thereof if the ground is CBD, or at least 15 days from the intended date of strike if the ground is ULP.
Any certified or duly recognized bargaining representative may declare a strike in cases of bargaining deadlock and ULP.
What is a strike vote? Who are entitled to vote in a strike vote?
A strike vote is one of the requisites for a valid strike. A strike vote is a vote taken by the members of the union obtained by a secret ballot in a meeting called for that purpose. A notice to the NCMB-DOLE of the decision to conduct a strike vote must be served at least 24 hours prior to the taking of the strike vote. After a strike vote of a majority of the members of the union, a strike vote report should be submitted to the NCMB-DOLE at least 7 days before the intended date of the strike.
