Professional Documents
Culture Documents
-violation of civil rights @ criminal offense din siya against the state.
Prescriptive Period
- 1 year from accrual of such labor practice.
Employers:
*To discriminate in regard to wages, hours of work and other terms and
conditions of employment, in order to encourage or discourage membership
in any labor organization
*To pay negotiation/ attys fees to the union or its officers or agents as part
of the settlement of any issue in CB
LABOR ORGANIZATIONS
*To restrain or coerce employees in the exercise of their right to self- org
*To cause or attempt to cause an employer to discriminate against an
employee including discrimination against an employee whom it denied
membership in the organization.
*”Featherbedding” –causing or attempting to cause an employer to pay or
deliver any money or other things of value for services which were not
performed or not to be performed (nature of exaction)
*to ask or accept negotiation or attorneys fees from employers as part of the
settlement of any issue in collective bargaining or any other dispute.
* to violate any CBA
CBA
(Tho pag hindi registered, valid pa din naman pero will not bar filing of a
petition for cert of election by another union!)
TERM OF CBA
1. If the parties were able to come to an agreement within 6 mos. From the
expiry of the 3rd yr of the CBA, effectivity shall retroact to the day
immediately following the expiry of the 3rd yr.
2. If the agreement was arrived at after 6 mos from expiry of the 3rd of the
CBA
-the parties are given the discretion to fix the effectivity thereof.
SUSPENSION OF CBA
- Right to bargain includes the right to suspend!
RIVERA V ESPIRITU- VALIDITY OF THE 10 YEAR SUSPENSION OF THE CBA
APPROPRIATE CBU
CERTIFICATION ELECTION
-Process of determining through secret ballot the sole and exclusive CBA of
the employees in an appropriate bargaining unit.
WHERE TO FILE?
- DOLE REGIONAL OFFICE
WHEN TO FILE A PETITION FOR CERT ELECTION
2. Lack of legitimacy on the part of the petitioning union! (kasi, hindi listed
sa registry of legit labor unions or registration has been cancelled with
finality)
*entry of SEBA
* actual valid C.E., Consent Elec, Run-off elec.
SUSPENSION OF PROCEEDINGS
Preliminary Conference
Consent Election
if parties cannot agree on the issue, the med arbiter will either dismiss or
order holding of a certification of elec.
Valid Election
-at least a majority of all eligible voters in the bargaining unit were able to
cast their votes
- will bar any union from challenging the majority representation of the
certified CBAgent withing 1 yr from holding the certification election.
MANDATORY!!!!!!!
RUN-OFF ELECTION
-3 choices, none of the choices obtained majority votes
- total number of votes for all the contending unions is at least 50%
By-Stander Principle
Except!!!!
* wa ee-er relationship
*union not listed in the RD
*union cancelled with finality
*not appropriate BU
*organized est, wala nung 25% consent!
*petition filed at a time when CBAgent has commenced the negotiations
with the employer within 1 yr. from SEBA, valid cert elec, consent elec, run-
off
*collective bargaining deadlock was submitted to conci or arb OR subject of
notice of strike or lock out
APPEAL FROM CERT ELECTION ORDERS
UNORGANIZED ESTAB
ORGANIZED ESTAB
FINALS TOPIC!!!!
*ULP cases
*termination disputes
*claims of damages (a,m,e other forms of damages arising from ee-er)
*questions including legality of strikes or lockouts
*wage distortion disputes in unorganized establishments
*enforcement or annulment of compromise agreements
*money claims and shit
*other cases as provided by law
The legal effect of a compromise- final and binding between the parties!