Nature of ULP

-violation of civil rights @ criminal offense din siya against the state.

Against whom can ULP be committed?

-employee who exercises right to self-organization (cannot be committed
against employees who are disqualified from forming or joining a labor org)

Degree of proof to establish ULP?

-Substantial Evidence

Criminal Prosecution of ULP

- cannot be prosecuted during the pendency of an administrative
proceeding, only when there is a final judgment.
- only this officers/ agents of the business entity who actually participated
are criminally liable.

Prescriptive Period
- 1 year from accrual of such labor practice.

Unfair Labor Practice

-Acts that violate the right of the employees to self-organization

Employers:

* Interfere with, restrain or coerce employees in the exercise of their right

to self org

* To require as a condition of employment that a person or an employees

shall not join a labor organization or shall withdraw from one to which he
belongs

*To contract out services or functions being performed by union members

when such will interfere with, restrain or coerce employees in the exercise
of their right to self-organization

*To initiate, dominate, assist or otherwise interfere with the formation or

administration of any labor org including the giving of financial or other
support

*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 dismiss, discharge or otherwise prejudice or discriminate against an

employee for having given or being about to give testimony under the Labor
Code

*Violate duty to bargain collectively (declare lockout, ignore CBA proposals,

surface bargaining, take it or leave it bargaining, blue sky bargaining)

*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

COLLECTIVE BARGAINING AGREEMENT

CB- process of finding a reasonable solution to a conflict and harmonizing

positions into a fair and reasonable compromise

The CBA Process

1. Formation of Labor Organization

2. Registration of the LO
3. Request for Recognition or Petiton for certification of election
4. Submission of written proposal
5. Collective Bargaining Negotiation
6. Signing of CBA
7. Posting of CBA
8. Ratification of CBA
9. Registration of CBA
Courses of Action in case of DEADLOCK

 BRING THE MATTER TO NCMB

 SUBMIT THE MATTER FOR ARBITRATION
 DECLARE A STRIKE OR LOCK OUT

THE IMPORT OF THE DUTY TO BARGAIN COLLECTIVELY

-does not compel any party to agree to a proposal or to make concession. It
merely obliges to meet and confer promptly in good faith for the purpose of
negotiating a CBA.

THE DUTY TO BARGAIN IS A MUTUAL OBLIGATION

EMPLOYER IS OBLIGED TO BARGAIN COLLECTIVELY ONLY WHEN:

1. It is a legitimate labor organization

2. Composed of employees of the supposed employer
3. Chosen or designated by the majority as their bargaining
representative.

CBA

-contract between the employer and employee’s representative regarding

wages, hours of work and all other conditions of employment.

Purpose: stabilization of labor management relations to create a climate of a

sound and stable industrial peace.

MINUTES OF THE NEGOTIATION DOES NOT FORM PART OF THE CBA

CBA MUST BE RATIFIED BY MAJORITY OF THE EMPLOYEES AND BY THE

PRINCIPAL!!!! (deemed ratified if approved by the majority)

CBA MUST BE REGISTERED!!!! TO BAR A CERTIFICATION OF ELECTION

AND ENSURE ITS STABLE AND UNDISTURBED ADMINISTRATION

(Tho pag hindi registered, valid pa din naman pero will not bar filing of a
petition for cert of election by another union!)

Cert Election: PROCESS OF DETERMINING THE SOLE REPRESENTATIVE OR

AGENT OF A UNION THROUGH A SECRET BALLOT!!!!
SUBSTITUTIONARY DOCTRINE
CBA not registered, another union files for cert of election and the incumbent
bargaining agent is defeated, what will happen to the unregistered CBA???

-The employees cannot revoke a validly executed CBA by the simple

expedient of changing their bargaining agent, the new agent shall respect
the CBA

TERM OF CBA

-5 YRS FROM THE DATE OF EFFECTIVITY

-NO OTHER UNION CAN FILE A PET FOR CERT OF ELEC! (except during the
freedom period)
CAN THE CBA BE RENEGOTIATED WITHIN 5 YRS???
- yes, not later than 3 yrs after its execution

EFFECTIVITY OF RENEGOTIATED 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.

3. If 6 mos have elapsed and the negotiations resulted in a deadlock and

the matter was submitted for arbitration – the effectivity shall be the
date when the arbitrator rendered his final decision.

SUSPENSION OF CBA
- Right to bargain includes the right to suspend!
RIVERA V ESPIRITU- VALIDITY OF THE 10 YEAR SUSPENSION OF THE CBA

NO INJUNCTION POLICY – encourage parties to use non judicial process of

negotiation

Regular Courts have no jurisdiction over labor injunction- kasi puta

prohibited nga ito sa labor code haha.

INJUNCTIVE POWER OF THE SECRETARY OF LABOR

-Can be exercised only in labor disputes causing or likely to cause a strike or
lockout in industries indispensable to national interest.

INJUNCTIVE POWER NG NLRC

-Conditioned upon the existence of a labor dispute

COLLECTIVE BARGAINING UNIT

-group of employees who share mutual interests within a given employer

unit.

APPROPRIATE CBU

1. Group of employees of a given employer

2. comprised of all or less than all the entire body of employees
3. Indicate to be the best suited to serve the reciprocal rights and duties of
the parties under the collective bargaining unit.

HOW TO DETERMINE??? MUTUALITY OF INTEREST!!!

CRITERIA FOR FIXING THE APPROPRIATE BARGAINING UNIT

1. WILL OF THE EMPLOYEES (GLOBE DOCTRINE)

2. COMMUNITY OF INTERESTS (MAIN CONSIDERATION IN FIXING THE
APPROPRIATE COLLECTIVE BARGAINING UNIT)
3. SIMILARITY OF STATUS
4. PRIOR COLLECTIVE BARGAINING HISTORY

THE SIMILARITY OF EMPLOYMENT STATUS RULE:

- The main consideration in fixing the appropriate CBU is the status of
employment!!!!! The non-regular employees (temporary, seasonal,
probationary) be grouped as one category and be treated separately
from regular employees.

PRIOR COLLECTIVE BARGAINING HISTORY

-determining factor lang not decisive!!!!

ONE COMPANY ONE UNION POLICY!!!

COLLECTIVE BARGAINING REPRESENTATIVE

-selected by the employees within the bargaining unit!!!
*SEBA Certificate (Sole and Exclusive Bargaining Agent)
*Certification Election (including consent election and run-off election)

UNORGANIZED ESTABLISHMENT – NO AGENT!

CERTIFICATION ELECTION
-Process of determining through secret ballot the sole and exclusive CBA of
the employees in an appropriate bargaining unit.

Purpose: to know whether the majority of the employees within the

bargaining unit desire to be represented by a labor organization and which
labor org.

WHO CAN FILE A PETITION FOR CERTIFICATION ELECTION?

-legitimate labor org
- federation/ national union in behalf of its local chapter
- an employer, when requested to bargain collectively

WHERE TO FILE?
- DOLE REGIONAL OFFICE
WHEN TO FILE A PETITION FOR CERT ELECTION

UNORGANIZED ESTABLISHMENTS – ANYTIME!!!

ORGANIZED ESTABLISHMENT- DURING THE FREEDOM PERIOD

CIRCUMSTANCES THAT BAR THE FILING OF A PETITION FOR

CERTIFICATION ELECTION

*election year bar rule

-1 yr from the holding of a valid certification election

*negotiation year bar rule

*deadlock bar rule

*contract bar rule(registration)- bars a petition for certification election

during the 60 day period immediately before the expiry of the 5 year term
of the CBA

GROUNDS FOR DISMISSAL OF PETITION

1. Lack of employer/employee relationship between company and the
members of the union.

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)

3. Lack of written consent of 25% of the employees within the bargaining

unit (in organized establishments)

4. The bargaining unit is not an appropriate BU! (composed of managerial

employees, members ng cooperative, mixture of rank and file employees)

5.The petition was filed within 1 year from:

*entry of SEBA
* actual valid C.E., Consent Elec, Run-off elec.

6.Petition barred by (duly registered CBA, ongoing CBA negotiations

commenced within 1 yr blah blah)

7. Failure of a local chapter or federation to submit the charter certificate

upon filing the petition.

8. Failure of petitioner to appear for 2 consecutive scheduled conferences

before Mediator-Arbiter despite office.
INTERVENTION

Legitimate labor unions with substantial interest in the certification

election can intervene in the certification proceedings by filing a motion for
intervention.
-need not be supported by 25% of the employees within the bargaining unit.

SUSPENSION OF PROCEEDINGS

-Complaint for ULP has been filed against a participant union

Pendency of Petition for Cancellation of Registration- Not a ground for

suspension.

Preliminary Conference

- No motion to dismiss is filed or if the motion to dismiss is denied, a prelim

confe will be conducted by the Med Arbiter for the purpose of determining

*Bargaining unit to be represented

*contending labor unions
*possibility of consent elections
*relevant matters

Consent Election

-contending unions may agree on the holding of a cert election

if parties cannot agree on the issue, the med arbiter will either dismiss or
order holding of a certification of elec.

Med arbiter cannot validly resolve in a cert proceeding the REGISTRATION

OF A UNION!

After prelim confer, notice of election will be issued!!!!

posting of notice of election is mandatory

*10 days before actual date of election

*2 conspicious places in the company premises.

ALL EMPLOYEES COVERED BY THE APPROPRIATE BARGAINING UNIT ARE

QUALIFIED TO VOTE

Election Protest – 5 days after the close of the election proceedings

Certification Election during a strike is not a valid ground for protest!

Failure of Election
- less than majority of the number of eligible voters and there are no
material challenged votes
- motion for immediate holding of another cert elec may be filed w/in 6 mos
from the declaration of failure of election

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.

Requisites for Cert Election in O.E.

*verified petition has been filed
* legitimate labor organization
*within the freedom period
*supported by the written consent of at least 25% of all the employees in
the bargaining unit.

25% CONSENT REQUIREMENT

Purpose: petitioning union represents a group of employees of the company

who have substantial interest in the election

MANDATORY!!!!!!!

HOWEVER! IF IT FALLS SHORT OF THE 25% REQ. No longer mandatory,

DISCRETIONARY NA! on the part of the med arbiter if he will or will not
order cert election.

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%

Who can participate in a Run-off Elec???

-2 labor unions receiving the highest number of votes!

By-Stander Principle

- employer maintains a hands-off policy in a certification proceeding

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

-order GRANTING the conduct of cert elec

*not appealable

-order DISMISSING the petition

*appealable to the Office of the Sec of Labor and Employment within 10
days from dismissal

ORGANIZED ESTAB

-order GRANTING or DISMISSING the petition

*appealable to the Office of the Sec of Labor and Employment within 10
days from dismissal or grant

DECISION OF THE SEC WILL BE FINAL AND EXECUTORY AFTER 10 DAYS

FROM RECEIPT THEREOF OF THE PARTIES. NO MOTION FOR RECON!!!

FINALS TOPIC!!!!

COMPULSORY ARBITRATION- does not embrace the whole adjudicatory

process. It is confined to the proceedings before the Labor Arbiter.

Jurisdiction of Labor Arbiters- have exclusive jurisdiction to hear and decide

*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

REASONABLE CAUSAL CONNECTION DOCTRINE

-principal relief sought can be resolved only by reference to the Labor Code
or other labor laws and not by the general civil law
-must arise from EE-ER!!!
TERMINATION DISPUTES

*Except disputes involving corporate officers (intra-corporate controversy

kasi!)
*disputes arising from interpretation or implementation of
-Collective Bargaining Agreement
-Company personnel policies

Termination dispute over the validity of dismissal, there is already actual

dismissal!

*interpretation or implementation stage, matter cognizable by the grievance

machinery and eventually by the V.A.
*actual termination- labor arb.

Money Claims of Employees

Demand for reinstatement- LABOR ARB REGARDLESS OF THE AMOUNT

No Demand- money claim more than 5k labor arb din

does not exceed 5k (DOLE REG DIRECTOR)

EMPLOYERS/ CORPORATE OFFICERS

-as long as there is reasonable causal shit!

Prescriptive Period for money claims

-3 yrs from the time the cause of action accrued

Excluded from the Labor Arbiter’s Jurisdiction

- claims for employees compen benefits
- claims for social security benefits, including maternity benefits

NATURE OF PROCEEDINGS BEFORE THE LABOR ARBITER

-Non-litigious in nature.

The legal effect of a compromise- final and binding between the parties!