Integration: Day 2 Appropriate Bargaining Unit Is a grouping of individuals.

ls. Not a union Even if there is an exclusive bargaiing rep, by Art 245, an individual still retains the right to submit his own grievance. If there is an exclusive bargaining rep, the worker still retains the right to participate and for this purpose labor management councils may be created with officers which are not necessarily officers of the union. VOLUNTARY MEANS OF DISPUTE SETTLEMENT

COLLECTIVE BARGAINING Good faith bargaining Provided in Art 252 o Provide standard of behavior, promptly and exepditiousy Egative: neither party needs to agree with proposal or counterproposal Negotiable issues o Wages, hours of work o Other conditions o employment o EITHER mandatory or non-manadatory Mandatory-obligation to bargain collectively in good faith,l otherwise , there is a possibility for a chanrge of unfair labor practice Use of economic weapons Non-Mandatory- no obligation to abragin, no econ weapons, or ULP

Procedure Art 250 o Procedure in collective bargaining Art 251 o Allows the parties to agree in the procedure provided that it is more expeditious Art o Entry of NCMB in the negotiation process. Upon its own initiative or upon request of own parties Art 233 o Privielege communication Anything ststed in conciliation is inadmissible in evidence in any court of law Nissan case: whatever discussed in the NCMB cannot be basis for an award No party who cannot be compelled to testify in any proceedings or court.

Collective Bargaining Agreement Must be registered Provide for a grievance machinery-Art 260 In personam o Does not bind 3rd parties, unless they are parties to a fraud.

Art 253 A: Majority status of exclusive bargaing rep cannot be challenge for the period of 5 years minus the last 60 days. Maximum duration is 5 years There is a reopener clause: (RENOGOTIATION) not later than 3 years, may bargain in relation to other terms of employment o Within 6 months o After 6 months

UNFAIR LABOR PRACTICE Art 212 (a) Art 248 Employer(212) which commits the ULP Restrain interfere coerce;Impair rights guaranteed by law o Self-organization o Bargain collectively After par (a) are examples of interference, restraint or coercion o Therefore any acts mentioned from b onwards, there is also a violation of par (a) Thus par a can be used in difficult situations because it is all inclusive general term As any act defined in this law as ULP (Art 248, 249).

Art 249 Labor organization officers(bylaws of the LO) commit it o Restrain, coerce o Interfere does not apply in LO

Art 247 Describes the effect of ULP as a violation of certain right guaranteed by the law And there is a civil aspect as well as a criminal aspect Civil aspect cannot be simultaneously prosecuted with the criminal aspect o Because before crim can proceed, there must be a final deceision finding that ULP had been committed o But it is also provided that the civil aspect does not have any bearing in evidence. Civil aspect prescribes within one year. Exercise of management rights o Remain intact, but the manner of exercise can subjected to inquiry.

E-E relationship is a prerequisite But when an employee before hiring is required not to join, he is deemed employee on the basis of Art 276?

Construed in favor of employee. To protect him from the violation of his right. Art 106 cf Art 248 c Under 106, the act of engaging service of Independent contractor is legitimate Art 248 respectdss the provision of Art 106, but the violation takes place when the job contarcted out is o performed by a union member, o and through the act of contracting the worker loses their interest in the union activities

Runaway shop if there is concerted aqctivity and the employer transfers his business to another location.

Wirt to violation of CBA there must be gross violation, not simple. Motives: o IF there are mixed motives. So partly valid, it is till violative(MIXED MOTIVE TEST) Totality of Conduct Rule o One act in itself may look innocent but when viewed in its totality, a pattern of ULP may be seen. o It is not the failure, but the reasonable tendency on the part of the actor for the act to succeed.

Reformists case

We do not abandon the doctrine that ULP cannot be compromise for being contrary to public policy. But they uphold the agreement because it is a compulsory arbitration case. STRIKES AND LOCKOUTS

Strikes(consti) and lockout(Labor code) Form of concerted activity

Art 13 sec 3 State guarantees right of worker to engage in peaceful concerted activitiy with the right to strike IN ACCDORDANCE WITH LAW o Art 263 recognizes two types of strikes and lockout activities. Bargaining deadlocks(economic) ULP Strikes o Include slowdowns Strike in installment Strike not allowed Interunion and intraunion cannot be subject of strikes When president or secretary of labor certified, Wage distortion activities Procedure o Ovajera All requirements must be complied with, even if one READ!!!! o 7 days strike ban NCMB-period separate from the cooling off period. (controversial) Union Busting o Termination of duly elected(not appointed union officer) o 15 days does not apply but the 7 day ban period is mandatory

Liability Union officer o Termination of employment ratifies in the c o Greater liability Union member o Identified and there is actual participation in the commission of the illegal act o Termination penalty. o Mere illegality of strike does not make him liable

Strikebrreaker Defined in IRR. Not a replacement worker

PICKETING

Picketing is part of freedom of speech. It cannot be enjoined but it can be limited. What the law guarantees is peaceful picketing. 3rd party inoocent bystander rule o Protect innocent 3rd party believe to be participant in labor dispute. o Law can localize the area and make it be limited to area where the labor is involved o It can also limit the no. of picketers o Can be conducted even in the absence of employer-employee relationship

Burden of Economic Loss Borne by the party engaged in the activities Being a temporary cessation of work, e-e ralatioship is intact but no obligation to pay salaries. Borne by the employee. LABOR INJUNCTION Art 254 Basis for the statement that the labor injunction is limited in scope because only twpo other articles where injunction can be issued

Art 264 prohibited activities Art 218 9Read carefully) Technical, required existence of labor dispute Only NLRC can issue the injunction even the TRO. o There is a requirement of notice and hearing o Requirement of bond for any damage for erroneous issuance of the injunction. ARBITRATION Arbitration Referral of labor ispute to a neutral 3rd party for a final and binding resolution But reading the LC, in light with the constitution, preferred mode is voluntary arbitration, not compulsory arbitration

Compulsory Arbitration Art 263 g read in conjunction h o Discusses the type of disputes submitted for compulsory arbitration o Indispensable to the national interest o Only pres or sec of labor can determine that it is indispendable They have full plenary power to settle the issues

o o

NLRC can act as compulsory arbotartor if it is delegated to it. Otherwise all it can do receive evidence Retur to work order Deemed issued upon assumption of jurisdiction Total absolute and mandatory Upon assumption, all strike or lockout must terminate and desist. Doubts to return to work order requires compliance pending appeal No violation of ivoluntary servitude Failure to do so may be ground for termination AT ANY STAGE, they can return to voluntary arbitration, it is the preferred mode, BUT this can be appealed to the CA

Voluntary Arbitration Preferred mode of dispute settlement Art 260 o Every CBA must contain: Naming arbitrator or panel Or Naming the procedure for the selection o Haqs original and exclusive jurisdiction Art 261 o Can opt to submit v. a in ulp, deadlocks and others o Read in conjunction with 217 in re original and exclusive juris(except those provided in 260 and 261

FOOD FOR THOUGHT Is the law on strikes still relevant today. Is art 131 valid today