Course Outline Labor Relations 3rd Term AY 2011-2012 Prof.

Pura Ferrer-Calleja Objective: At the end of the course, the students must have a full grasp of what the right to self-organization and collective bargaining is, its bases, all the other rights/obligations derived from it, and the rules and regulations governing it and be conversant with the latest jurisprudence on the subject. Likewise, the students must be able to identify the judicial/quasi-judicial bodies that exercise jurisdiction original and appellate over disputes arising from the exercise of these rights. Methodology: Short lectures; class discussion, role playing; exposure short quizzes. 1st. Session: Right to self-organization. Constitutional/legal bases; Who are allowed to unionize for purposes of collective bargaining; who are not allowed to form, join or assist labor unions of rank-and-file employees; who are not allowed to form or join unions. 2nd Session: Definition of bargaining unit; What is an appropriate bargaining unit; who are members of an appropriate bargaining unit. How does a union attain status of exclusive bargaining representative; Voluntary recognition, requirements. Read: 1. University of the Philippines -versus- Pura Ferrer-Calleja, G.R. No. 96189 (July 14, 1992). Section 9 of Executive Order No. 180, viz.: SEC. 9. The appropriate organizational unit shall be the employer unit consisting of rank-and-file employees, unless circumstances otherwise require. and Section 1, Rule IV of the Rules Implementing said EO 180 (as amended by SEC. 2, Resolution of Public Sector Labor Management Council dated May 14, 1989, viz.: xxx For purposes of registration, an appropriate organizational unit may refer to: xxx d. State universities or colleges, government-owned or controlled corporations with original charters. 1

2. KAMADA vs. Pura Ferrer-Calleja and Associated Skilled and Technical Employees Union (ASTEUO) [G.R. No. 104692. September 5, 1997];

3rd Session Certification election. In an organized establishment; in an unorganized establishment; When may petitions for certification be allowed. What are the prohibitions. Requirements for validity; jurisdiction; process. 4th Session Run-off election When is it necessary; requirements; process Consent election; requirements. Protests and other disputes arising from election. 5th Session Federations/mother unions. Registration of unions Affiliation to/disaffiliation from, federation/mother union; when allowed; 6th. Session: Substitutionary doctrine Union dues, special assessments, requirements for validity of deductions. Agency fees; from whom due; requirements for validity of assessments. 7th. Session Mid-term exam (may be substituted with term paper on a chosen subject). 8th Session Collective bargaining Right/duty to bargain collectively Unfair Labor Practice (ULP) 9th Session ULP on part of employers; ULP on part of labor organizations; ULP in collective bargaining Right to concerted activities Strikes/lockouts/picketing. who may declare; requirements for legality.

10th Session Assumption of jurisdiction/certification to the NLRC Effects of defiance of return to work order; defiance of assumption/certification Liability of officers; members; employer? Illegal lockouts liability of employer? Injunctions requisites for legality.
11th Session

EO 180 Who may be members; who may not join, assist unions/associations of rank and file. Appropriate bargaining unit vs. Bargaining unit in the private sector; Jurisdiction over dispute: corporations organized under the Corporation Law; Corporations with independent charter. Bargainable/non-bargainable issues/ 12th Session Right to concerted activities; requisites; limitations/extent Jurisdiction/procedure Bureau of Labor Relations DOLE Regional Directors, small money claims National Labor Relations Commission/Labor Arbiter 13th. Session NCMB: preventive mediation, conciliation; Voluntary Arbitrators Rule 43, Rules of Court Court of Appeals Rule 43, Rules of Court Supreme Court, Rule 45, Rules of Court Prescription of actions 14th. Session Final Examinations