Professional Documents
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Union Dues-
Union Dues-
Consent elections-
Bargaining-
Negotiation-
state
government.
and
the
employees
of
the
3.5 Mutuality of Interest RuleCommunity or mutuality of Interest rule means there should be only one bargaining
unit for the employees.
4. Who among the employees are considered eligible voters in the following:
5. How do workers
5.1 Form a Union, and
- provided that the required 20% membership of the bargaining unit is complied
with.
5.2 Register it for the attainment of the status of Legitimate Labor Organization. State the
Requirement for each.
- Federation, national union or industry or trade union center or an independent union
and workers' associations become legitimate upon issuance of the certificate of registration by
the Department of Labor and Employment (DOLE).
Art. 234. Requirements of registration. Any applicant labor organization, association or
group of unions or workers shall acquire legal personality and shall be entitled to the rights and privileges
granted by law to legitimate labor organizations upon issuance of the certificate of registration based on
the following requirements.
Fifty pesos (P50.00) registration fee;
The names of its officers, their addresses, the principal address of the labor
organization, the minutes of the organizational meetings and the list of the workers
who participated in such meetings;
The names of all its members comprising at least twenty percent (20%) of all the
employees in the bargaining unit where it seeks to operate; (As amended by
Executive Order No. 111, December 24, 1986)
If the applicant union has been in existence for one or more years, copies of its
annual financial reports; and
Four (4) copies of the constitution and by-laws of the applicant union, minutes of its
adoption or ratification, and the list of the members who participated in it. (As
amended by Batas Pambansa Bilang 130, August 21, 1981)
6. Give the meaning and scope of
6.1 Government employees Right to Self Organization
6.2. and their right to strike
government employees may organize provided the purposes behind such organization are legitimate.
Employees of government shall have the right to organize and to bargain collectively with their
respective employers. All other employees in the civil service shall have the right to form
associations for purposes not contrary to law.
Providing for self-organization of government employees, it does not mean that because they have the
right to organize, they also have the right to strike. Under IRepublic Act 875, workers, including those
from the government-owned and controlled, are allowed to organize but they are prohibited from striking.
7. May workers stage:
7.1 A strike without picket, (Y)
7.2 A picket without a strike, (N)
7.3 Campaign for ratification of a CBA (Y)
7.4 Campaign for a YES vote in a strike vote (N)
7.5 May management do 7.1 to 7.4 above?
8 Distinguish one from the other:
8.1 Union shopRefers 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
Closed Shop
It is an agreement embodied in a collective bargaining agreement whereby the employer binds itself not to
hire any person unless he is first a union member of the collective bargaining representative.
the employer binds itself to check off from those who are not union members of the collective bargaining
representative a reasonable fee equivalent to the dues and other fees paid by union members if the nonunion members accept the benefit of the CBA
Maintenance of membership shop
There is maintenance of membership shop when employees, who are union members as of the
effective date of the agreement, or who thereafter become members, must maintain union membership as
a condition for continued employment until they are promoted or transferred out of the bargaining unit or
the agreement is terminated.
8.3 Deadlock
a situation in which agreement in an argument cannot be reached because
neither side will change its demands or accept any of the demands of the other side.
Workers Association
A workers association means any group of workers, including ambulant, intermittent, selfemployed, rural workers and those without definite employers, organized for mutual aid and
protection of its members or for any legitimate purpose other than collective bargaining.
WorkerA worker who is not an employee is said to be engaged under a contract sui generis (of its own
kind).
Employee
An employee is a person employed under a contract of employment.
10. Explain the Difference between
10.1 Member of a Union vs Member of a Bargaining Unit
means that a person is registered as a member of such labor organization and paying its union
dues. While a member of a bargaining unit means a person belongs to a group of employees with
a clear and identifiable community of interests who are represented by a single labor union in collective
bargaining and other dealings with management. Examples would be non-management professors, law
enforcement professionals.
10.2 Surface bargaining-
going through the motions of negotiating without any legal intent to reach an agreement
Blue sky bargaining
It means that to have To have a valid election, at least a majority of all eligible voters in the unit must
have cast their votes.
Majority of the employees means 50 percent plus 1 of all the employees working in the
company.
10.4 Managers under Book III Labor Code
Have no collective bargaining rights because, they cannot join or form any other labor organization while
officers of a managerial staff are not prohibited from joining, assisting or forming or arresting a
supervisors union; hence they can bargain collectively
Managerial Employees under Book V of the Labor CodeAre vested with the prerogatives to lay down and execute management policies and/or to hire, fire,
transfer, promote, lay-off and discipline employees. They are not eligible for the right to self-organization
for purposes of collective bargaining.
10.5 Article 129 on dispute resolution
Article 128 on dispute resolution
Cases arising from the interpretation or implementation of collective bargaining agreements and those arising from
the interpretation or enforcement of company personnel policies shall be disposed of by the Labor Arbiter by referring
the same to the grievance machinery and voluntary arbitration as may be provided in said agreements.
The Bureau of Labor Relations and the Labor Relations Divisions in the regional offices of the Department of Labor,
shall have original and exclusive authority to act, at their own initiative or upon request of either or both parties, on all
inter-union and intra-union conflicts, and all disputes, grievances or problems arising from or affecting labormanagement relations in all workplaces, whether agricultural or non-agricultural,
except those arising from the implementation or interpretation of collective bargaining agreements which shall be the
subject of grievance procedure and/or voluntary arbitration.