Managerial employee - vested with powers or prerogatives to lay down and execute

management policies and/or to hire, transfer, suspend, lay-off, recall, discharge, assign or disciple
employees.

Supervisory employees - those who in the interest of the employer, effectively recommend such
managerial actions if the exercise of such authority is not merely routinary or clerical in nature but
requires the use of independent judgment

Labor Organization - any union or association of employees in the private sector which exists in
whole or in part for the purpose of collective bargaining or for dealingwith employers concerning
terms and conditions of employment.

Collective bargaining - democratic framework to stabilize the relation between labor and
management to create a climate of sound and stable industrial peace

Collective Bargaining Agreement (CBA)

- contract executed upon request of either the employer or the exclusive bargaining
representative of the employees incorporating the agreement reached after negotiations
with respect to wages, hours of work and all other terms and conditions of employment,
including proposals for adjusting any grievances or questions under such agreement

Exclusive Bargaining Representative - any legitimate labor organization duly recognized or

certified as the sole and exclusive bargaining agent of all the employees in a bargaining unit." The
bargaining representative of the employees is an entity - the union - and not the officers of the
union. The entity remains though the officers are changed.

The collective bargaining should begin within the 12 months following the determination and
certification of the employees' exclusive bargaining representative. This period is known as the
"certification year."

The duty to bargain collectively 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. (without the mandatory subjects, CBA is
invalid and not bargaining in good faith)

- When there is a collective bargaining agreement, the duty to bargain collectively shall also
mean that neither party shall terminate nor modify such agreement during its lifetime(5 years).
- either party can serve a written notice to terminate or modify the agreement at least sixty
(60) days prior to its expiration date. It shall be the duty of both parties to keep the status
quo and to continue in full force and effect the terms and conditions of the existing
agreement during the 60-day period and/or until a new agreement is reached by the
parties.
- No notice during 60 days – automatic renewal valid for 5 years

The automatic renewal clause of Collective Bargaining Agreements means that although a CBA
has expired, it continues to have legal effects as between the parties until a new CBA has been
entered into. This is so because the law makes it a duty of the parties to keep the status quo and
to continue in full effect the terms and conditions of the existing agreement until a new
agreement is reached by the parties

Pending renewal of the CBA, the parties are bound to keep the status quo and to treat the terms
and conditions embodied therein still in full force and effect, until a new agreement is reached by
the union and management.

Impasse - reasonable effort at good-faith bargaining which, despite noble intentions, does not
conclude in an agreement between the parties
- exists when good faith bargaining on the part of the parties has failed to resolve the issue
and there are no definite plans for further efforts to break deadlock.

Deadlock - signals rather the need to continue the bargaining with the assistance of a third party
as conciliator or arbitrator whose first aim is to get the parties back to the negotiating table and
help them craft a win-win solution.
Surface Bargaining - sophisticated pretense in the form of apparent bargaining, does not satisfy
the statutory duty to bargain, not negotiating on the mandatory subjects
- - going through the motions of negotiating” without any legal intent to reach an
agreement. The determination of whether a party has engaged in unlawful surface
bargaining is a question of the intent of the party in question, which can only be inferred
from the totality of the challenged party’s conduct both at and away from the bargaining
table. It involves the question of whether an employer’s conduct demonstrates an
unwillingness to bargain in good faith or is merely hard bargaining

Blue-Sky Bargaining - “unrealistic and unreasonable demands in negotiations by either or both

labor and management, where neither concedes anything and demands the impossible”

Boulwarism – take-it-or-leave-it bargaining

Horse Trading Approach – each side eventually compromising initial unreasonable positions, it
advertised its initial proposals as fair and firm

Principle of hold over - in the absence of a new CBA, the parties must maintain the status quo and
must continue in full force and effect the terms and conditions of the existing agreement until a
new agreement is reached

Collective Bargaining Unit - group of employees sharing mutual interests 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 occupational or geographical grouping within such employer unit.

Globe Doctrine - The desires of the employees are relevant to the determination of the
appropriate bargaining unit. The relevancy of the wishes of the employees concerning their
inclusion or exclusion from a proposed bargaining unit is inherent in the basic right to self-
organization. While the desires of employees with respect to their inclusion in bargaining unit is not
controlling, it is a factor which would be taken into consideration in reaching a decision.

Community of Interest Rule states that in choosing the appropriate bargaining unit, there must be
a determination of the community of interests of employees. The test grouping is community or
mutuality of interests, such as substantial similarity of works and duties or of compensation and
working conditions, because the basic test of an asserted bargaining unit’s acceptability is
whether or not it is fundamentally the combination which will best assure to all employees the
exercise of their collective bargaining rights.

There is voluntary recognition when in an unorganized establishment with only one legitimate
labor organization, the employer voluntarily recognizes the representation status of such as a
union. Within 30 days from such recognition, the employer and union shall submit a notice of
voluntary recognition with the Regional Office of the Department of Labor and Employment
which issued the recognized labor union’s certificate of registration or certificate of creation of a
chartered local.

SEBA Certification - process where a union requests the DOLE regional director to recognize and
certify the union as the sole and exclusive bargaining agent (SEBA) of the bargaining unit it
purports to represent to negotiate a CBA with the employer

Certification Election - Process of determining through secret ballot the sole and exclusive
representative of the employees in an appropriate bargaining unit, for purposes of collective
bargaining or negotiation.
- directly involve only two issues: (a) proper composition and constituency of the bargaining
unit; and (b) veracity of majority membership claims of the competing unions so as to
identify the one union that will serve as the bargaining representative of the entire
bargaining unit But some of the employees may not want to have a union; hence, "No
Union" is one of the choices ("candidates") named in the ballot. If "No Union" wins, the
company or the bargaining unit remains ununionized for at least 12 months, the period
known as the 12-month bar. After that period, a petition for a CE may be filed again.

Consent Election - election voluntarily agreed upon by the parties to determine the issue of
majority representation of all the workers in the appropriate collective bargaining unit.
Union Election - object is to elect officers of the union
Election Bar - The 12-month Bar - filing of a petition within one (1) year from the date of recording
of the voluntary recognition, or within the same period from a valid certification, consent or run-off
election where no appeal on the results of the certification, consent or run-off election is pending.
- Existing CBA - filing the petition before or after the freedom period of a duly registered
collective bargaining agreement; provided that the sixty-day period based on the original
collective bargaining agreement shall not be affected by any amendment, extension or
renewal of the collective bargaining agreement.

Contract Bar Rule

- The contract bar doctrine provides that once a contract is executed, the National Labor
Relations Board (NLRB) generally does not permit a representation election in the unit
covered by the contract until the contract expires up to a 3 year limit. This rule applies to a
petition by another union to represent the employees, a petition filed by the employees to
decertify, or a petition filed by the employer. The contract bar doctrine is followed in
determining whether or not an existing collective-bargaining contract will bar an election.
- refers to the existence of CBA. Whre there is an existing CBA which has been duly
registered, a petition for CE may be filed, as already explained, only within the
“freedom”period” which is the last 60 days of the fifth year of the CBA.

Deadlock Bar - a petition for certification election can only be entertained if there is no pending
bargaining deadlock submitted to conciliation or arbitration or had become the subject of a valid
notice of strike or lockout. The principal purpose is to ensure stability in the relationship of the
workers and the management.

Negotiation Bar - duly recognized or certified union has commenced negotiation with the
employer within the one year period mentioned above, and the negotiation is on-going

Artificial Deadlock — a deadlock prearranged or preserved by collusion of the employer and the
majority union — is deception of the workers, hence, not a barrier to a petition for a C.E.

Freedom Period – time when unions are legally allowed to challenge openly and formally the
statue of a union as the exclusive bargaining representative. Also during that time switching of
allegiance among union members or among affiliates or chapters may be done without risking a
charge of disloyalty under the union by-laws of the CBA’s union security clause
- last 60 days of the CBA’s 5th year of th representational aspect.

Notice Period – proper time to propose modifications to the existing CBA

- Modifying, renegotiating the CBA provisions other than representational, also called
economic provisions

Run-off Election - election between the labor unions receiving the 2 higher number of voters when
a certification election which provides for 3 or more choices results in no choice receiving a
majority of the valid votes cast, where the total number of votes for all contending unions is at
least 50% of the number of votes cast.
- Within ten (10) days from the close of the election proceedings between the labor unions
receiving the two highest number of votes; provided, that the total number of votes for all
contending unions is at least fifty (50%) percent of the number of votes cast.
- "No Union" shall not be a choice in the run-off election.
- Notice of run-off elections shall be posted by the Election Officer at least five (5) days
before the actual date of run-off election

Certification year bar (One year bar rule) - No petition for C. E. may be filed within one year from
the date of a valid certification, consent, or run-off election or from the date of entry of a
voluntary recognition of the union by the employer.

Hold-over Rule - It is a rule which declares that in the absence of an express or implied
constitutional or statutory provisions prohibiting hold-over, an officer is entitled to hold office until
his successor is appointed and qualified. This rule prevents disruption of public service in the
meantime that a successor is not yet appointed and qualified to assume the functions of the
office.

Consent Election - voluntarily agreed upon by the parties, with or without the intervention of the
Department
Zipper Clause - stipulation in a CBA indicating that issues that could have been negotiated upon
but not contained in the CBA cannot be raised for negotiation when the CBA is already in effect

Wiley Doctrine - The disappearance by merger of a corporate employer which has entered into a
collective bargaining agreement with a union does not automatically terminate all rights of the
employees covered by the agreement, even though the merger is for genuine business reasons.

Substitutionary" Doctrine – states that even during the existence of a collective bargaining
agreement executed between the employer and the employees through their agent, the
employees can change the said agent but the contract continues to bind them up into its
expiration date. According to the doctrine, the employees cannot revoke the validly executed
collective bargaining contract with their employer by the simple expedient of changing their
bargaining agent. In the event, the new agent must respect the earlier contract.

Grievances - Any question by either the employer or the union regarding the interpretation or
application of the collective bargaining agreement or company personnel policies or any claim
by either party that the other party is violating any provision of the CBA or company personnel
policies

Yellow Dog Contract - A promise exacted from workers or prospective employees that they will
not belong to, or form, a union during their employment. Unless the promise is given, the worker
will not be hired, or if already hired will lose his job.

Union-busting - To interfere with, restrain or coerce employees in the exercise of their right to self-
organization.

Run-away shop - An industrial plant moved by its owners frgom one location to another to escape
union labor regulations, or state laws, but the term is also used to describe a plant removed to
anew location in order to discriminate against employees at the old plant because of their union
activities.

Union Shop: Requirements of union shop are:

1. the labor union must be the employee’s bargaining representative, pursuant to the manner
of designation or selection
2. the union shop arrangement must be entered into by mutual agreement; and
3. the conditions of the union shop arrangement must be expressed unequivocally in the
labor contract.

Featherbedding - Is the name given to employee practices which create or spread employment
by unnecessarily maintaining or increasing the number of employees used, or the amount of time
consumed, to work on a particular job.

Bargaining in good faith - A fair criterion of good faith in collective bargaining requires that the
parties involved deal with each other with open and fair mind and sincerely endeavor to
overcome obstacles or difficulties existing between them to the end that employment relations
may be established and obstruction to the free flow of commerce prevented.

Boulwarism- making a proposal which is not subject to bargaining. In effect there was to be no
bargaining and the union was rendered ineffective or irrelevant. The company dealt with the
union through the employees rather than with the employees through the union.

Bystander Rule - In bystander rule in certification election, the employer is regarded as nothing
more than a bystander with no right to interfere at all in the election, the same being the sole
concern of the workers.

A company union is a union of employees dominated or under the control of the employer of said
employees.

A union shop - refers to a union security clause in a collective bargaining agreement whereby the
employer agrees to terminate the employment of an employee who has not become a "member
of the union which Is the exclusive collective bargaining representative of the employees in a
bargaining unit within a certain period after the employment of said employee or has ceased to
become a union member.
Lockout refers to the temporary refusal of an employer to furnish work as a result of a labor or
Industrial dispute.

Closed shop - refers to a union security clause in a collective bargaining agreement whereby the
employer agrees not to employ any person who is not a member of the exclusive collective
bargaining representative of the employees in a bargaining unit.

Labor dispute includes any controversy or matter concerning terms or 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 relations of employer and employee.

Unfair labor practice means any unfair labor practice as expressly defined by the Labor Code.
Essentially, an unfair labor practice is any act committed by an employer or by a labor
organization, its officers, agents or representatives which has the effect of preventing the full
exercise by employees of their rights to self-organization and collective bargaining.