Organized: 1. Distinguished Certification Election in Organized and Unorganized Establishment
Organized: 1. Distinguished Certification Election in Organized and Unorganized Establishment
UNORGANIZED
Upon:
a. the filing of a verified petition by a legitimate labor organization; or
b. upon the filing of a petition by the employer when such employer is requested
by the employees to bargain collectively
- any time, subject however to the ONEELECTIONPER-YEAR RULE.
5. Who has the right to demand for check off? Explain why.
The employer has the right to demand for check-off but an agreement with
the union recognized as the proper bargaining representative, or on prior
authorization from its employees.
6. What are the requisites of a valid special assessment from union member
REQUIREMENTS IN MAKING SPECIAL ASSESSMENTS or OTHER EXTRAORDINARY
FEES
1. there must be a WRITTEN RESOLUTION
2. he resolution must have BEEN APPROVED BY A MAJORITY of all the members
3. the approval must be AT A GENERAL MEMBERSHIP MEETING DULY called for
that purpose
The secretary of the organization shall record the minutes of the meeting
including:
a. the list of all members present,
b. the votes cast, and
c. the purpose of the assessment or fees
The record shall be attested by the President.
Substantial compliance to the aforementioned procedure is not enough—
the requirements must be strictly complied with in view of the fact that the
special assessment will diminish the compensation of union members.
7. Explain the duty to bargain collectively when there is a CBA
GENERAL RULE: When there is an existing CBA, the duty to bargain
collectively shall also mean that neither party shall TERMINATE nor MODIFY such
agreement during its lifetime. It is the duty of both parties to:
a. keep the status quo and
b. to continue in the full force and effect the terms and conditions of the
existing CBA
EXCEPTION: during the 60-day period prior to its expiration, upon service of
a written notice of a party‘s intention to terminate or modify the same, a party
may choose to terminate or modify the non-representational aspect of the CBA
only after the expiration of CBA of fixed duration.
9. What is the effect if after the lapse of the freedom period, no petition for
certification was filed?
Upon expiration of the freedom period and no petition for certification
election is filed by a challenging union, the employer is duty-bound to continue to
recognize the majority status of the incumbent bargaining unit.
10. Explain the jurisdictional precondition to set in motion the mechanics of CBA
Art 250 The mechanics of collective bargaining is set in motion only when the
following JURISDICTIONAL PRECONDITIONS are present:
1. POSSESSION OF THE STATUS OF MAJORITY representation by the employees‘
representative in accordance with any of the means of selection or designation
provided for by the Labor Code;
2. proof of MAJORITY REPRESENTATION (Certification of the BLR that the
representative of the employees in the sole and exclusive bargaining agent having
won in a certification election); and
3. a DEMAND TO BARGAIN under Article 250 (a) of the Labor Code. (Kiok Loy vs.
NLRC)
11. Does the duty to bargain collectively end with the execution of CBA? Explain
12. Who are employees entitled to CBA benefits? Can a non-union SEBA
member enjoy it?
The following are entitled to the benefits of the benefits of the CBA:
1. Members of the bargaining union;
2. Non-members of the bargaining union but are members of the bargaining
unit;
3. Members of the minority union/s who paid agency fees to the bargaining
union; and
4. Employee hired after the expiration of the CBA
Yes, a non-union SEBA member can enjoy CBA benefits
14. Explain a grievable issue that falls under the jurisdiction of grievance
machinery.
A grievable issue is that falls under the jurisdiction of grievance machinery
is labor-management dispute arising from interpretation or implementation of the
CBA.
15. Explain what constitute gross violation of CBA and who has jurisdiction
thereof.
A gross violation of CBA refers to all flagrant and/or malicious refusal to
comply with its economic provisions.
Such violation is an unfair labor practice and falls within the original and
exclusive jurisdiction of the labor arbiter.
16. What are two types of peaceful concerted activities. Explain each
The types of peaceful concerted activities:
1. Strike
2. Lock-out
Peaceful concerted activities
1. By labor organization
a. Strike
b. Picket
2. By employer
a. Lockout
3. Assumption of Jurisdiction
17. Explain how the secretary of labor assume jurisdiction or certify a labor
dispute
When a labor dispute cause or is likely to cause a strike or lockout in an
industry indispensable to the national interest, the SOLE may assume jurisdiction
over the dispute and decide it or certify the same to the NLRC for compulsory
arbitration, provided, that any of the following conditions is present:
a. Both parties have requested the SOLE to assume jurisdiction over the labor
dispute;
b. After a conference called by the office of the secretary of labor and
employment on the propriety of its issuance, motu proprio or upon a
request or petition by either parties to the labor dispute.
19. Explain the rationale why the labor code empowers the SOLE to assume
jurisdiction only in an industry affecting national interest p392
The assumption by the SOLE over the labor dispute has for its main purpose, the
resumption of the employer’s operations so essential to the national interest. It
was in recognition of the intense need to settle the nagging dispute between the
parties so that the national interest could be enhanced by a lasting and enduring
industrial peace in the employer’s establishment.
20. Who has jurisdiction over termination based on violation of USC, Explain
Why.
21. Explain the consequence of refusal to bargain and the consequence of
failure to agree to the proposed CBA.
22. Explain why the right to union membership does not actually involve
freedom of choice.
23. What are the cases falling under the jurisdiction of the Voluntary arbitrator?
JURISDICTION OF VOLUNTARY ARBITRATORS:
EXCLUSIVE ORIGINAL JURISDICTION CONFERRED BY LAW
a) All grievances arising from the interpretation or implementation of
the CBA.
b) Those arising from the interpretation or enforcement of company
personnel policies.
c) Hear and decide wage distortion issues arising from the application of
any wage orders in organized establishments.
d) Unresolved grievances arising from the interpretation and
implementation of the productivity incentive programs under RA
6071 .
It is the labor arbiter and not the grievance machinery which has
jurisdiction over dismissals pursuant to the union security clause.
violations of CBA, except those which are gross in character, shall no longer
be treated as ULP and shall be resolved as grievances.
24. Why do workers unionize?
Workers unionize for the following reasons:
a. Equality of bargaining power
b. Satisfactory terms and conditions of employment
c. Security of tenure
d. Participation in policy and decision-making process
e. Pressure group
25. What is the nature of the relationship between the union and its member?