LABOR RELATIONS

SYLLABUS

Course description:

Study of the General Principles of the Labor Code, Book V of the Labor Code on Labor
Relations, governing areas on government machinery, labor organization, unfair labor
practices, representation issues; collective bargaining and administration agreements,
grievance machinery and voluntary arbitration, lockouts, strikes, and other concerted
activities; Book VI on Post-Employment, covering areas such as classes of employees,
termination of employment and retirement; Book VII on penal provisions of the Labor
Code and prescription of actions and claims.

A. INTRODUCTION

I. Constitutional and statutory basis

1. Consti, art. 2, secs. 9-14, 18 and 20

2. Consti, art. 3, secs. 10 and 18
3. Consti, art. 13, sec. 3
4. Labor Code, art. 112
5. Civil Code, Art. 1700

II. General principles of labor law

1. Definition of Labor Law

1.1 Labor Standards
1.2 Labor Relations
2. Construction of the Labor Code
3. Applicability of the Labor Code
4. Definition of Employers and Employees
5. Basic element for application of labor law
5.1. Employer- employee relationship
5.2. Commencement of employer-employee relationship
5.3. Tests to determine the existence of employer-employee relationship
5.4. Elements of employer-employee relationship

B. RIGHT TO SELF-ORGANIZATION & UNFAIR LABOR PRACTICE

I. Right to self-organization
 1. Meaning of the right to self-organization
2. Who are accorded the right to self-organization
3. Implications and limitations on the right to self-organization
4. Who are qualified to form or join a labor organization
5. Who are disqualified from forming or joining a labor organization

II. Union Security Agreement (USA)

1. Definition of Union Security Agreement

1.1. Validity
1.2. Effects
1.3. Limitations
2. Types of Union Security Agreements

III. Unfair Labor Practice (ULP)

1. Definition of Unfair Labor Practice

1.1. Essence of ULP
1.2. Nature of ULP
2. Prosecution of ULP
2.1. Who can commit ULP
2.2. Against whom can ULP be committed
2.3. Who has jurisdiction over ULP complaints
2.4. Criminal prosecution of ULP
2.4.1. Who are criminally liable
2.5. Prescriptive period
2.5.1. Administrative aspect
2.5.2. Criminal aspect
3. ULP practices of Employers
4. ULP practices of Labor Organizations

C. LABOR ORGANIZATIONS

I. Labor Organizations

1. Definition of Labor Organizations

2. Kinds of Labor Organizations
3. Who are qualified to form or join labor organizations
4. Who are disqualified from forming or joining labor organizations
5. Registration of Labor Organization
 5.1. Purpose of registration
5.2. Constitutionality of registration requirement
5.3. Registration requirements for Independent Union
5.4. Registration requirements for Federation
5.5. Denial of registration
5.6. Remedies when registration is denied
6. Definition of Legitimate Labor Organization (LLO)
7. Definition of Local Chapter (LC)
7.1. Who can create a local chapter
7.2. When does a local chapter acquire legitimacy and legal personality
8. Affiliation
8.1. Can an independent union affiliate with a federation; requirements;
effect
8.2. Nature of relationship between federation and local union
9. Disaffiliation
9.1. Definition
9.2. Procedure
9.2. Effects
10. Cancellation of Registration
10.1. Manner of cancellation
10.2. Grounds for cancellation
10.3. Proper party to file petition for cancellation
10.4. Where to file petition for cancellation
10.5. Effect of cancellation proceedings
10.6. Remedy from order of cancellation
10.7. Voluntary cancellation of registration
11. Merger and consolidation of Labor Organizations
12. Change of name of union

II. Rights and conditions of membership

1. Rights of a legitimate labor organization

2. Authority of unions to collect assessments and fees
2.1. Limitations
2.2. Requisites of a valid levy of specials assessments and extraordinary
fees
3. Check-off
4. Union funds
5. Remedy if there is violation of rights and conditions of membership
6. Consequences of violation of the rights of union membership
 III. Election of Union Officers

1. Who are qualified to run for union officers

2. Who are qualified to vote in an election of union officers
3. How should election of union officers be conducted
4. Expulsion or impeachment of union officers

D. COLLECTIVE BARGAINING

I. Collective Bargaining

1. Definition of Collective Bargaining

2. Definition of Collective Bargaining Unit
3. Definition of Appropriate Bargaining Unit
3.1. Criteria for fixing Appropriate Bargaining Unit
4. One Union – One Company Policy
5. Can employees of two corporations be treated as a single bargaining unit
6. Collective Bargaining Representative
6.1. Request for Sole and Exclusive Bargaining Representative (SEBA)
Certificate (NB: Old rule: Voluntary Recognition)
6.2. Certification Election
7. Collective Bargaining Negotiations
8. Collective Bargaining Agreement (CBA)

E. STRIKES AND LOCKOUTS

I. Strikes and Lockouts

1. Definition of strike
2. Definition of labor dispute
3. Kinds of strike
4. Forms of strike
4.1. As to manner of execution
4.2. As to employer against whom it is directed
5. Requisites of valid strike
6. Who can declare a strike
7. Legal grounds for declaring a strike
8. Legal requirements of a strike
9. Categories of illegal strike
10. Sanction for illegal strike
11. Injunction against strikes
 12. Lockout
13. Picketing
14. National interest disputes
15. Legal effect of assumption/certification orders

F. TERMINATION OF EMPLOYMENT & RETIREMENT

I. Termination of Employment & Retirement

1. Right to security of tenure

2. Who are regular employees
3. Who are non-regular employees
4. Just causes for termination
5. Authorized causes for termination
6. Procedural requirements for termination of employment
7. Voluntary resignation
8. Abandonment of employment
9. Retirement
10. Illegal dismissal
9.1. Remedy for illegal dismissal
9.2. Reliefs for illegal dismissal
11. Liability of Corporate Officers

G. FINAL TOPICS

I. Grievance Machinery and Voluntary Arbitration

II. Jurisdiction

III. Appeal

IV. Penal provisions and liabilities

V. Prescription of offenses and claims