labor relations-final fushia

8/2/2019 Labor Relations-Final Fushia

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Book V


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Definition of Terms

Affiliate- refers to an independent union

affiliated with a federation national union ora chartered local

Appeal refers to the elevation by an

aggrieved party to an agency vested with

appellate authority of any decision .


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Bargaining Unit- refers to a group of

employees sharing mutual interests within a

given employer unit.

Board refers to the National conciliationand Mediation Board established under EO

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Bureau- refers to the Bureau of labor

RelationsCancellation proceedings- refers to the legal

process leading to the revocation of a union.


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Certificate of Election-refers to the process

of determining through secret balloting the

sole and exclusive representative of

employees in a collective bargainingnegotiation.

Collective Bargaining Agreement-refers to

the contract between a legitimate labor

union and the employer concerning wages,hours of work etc.


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Conciliator Mediator-refers to an officer of

the Board whose function is to assist in the

settlement of labor-management disputes

through conciliation and preventivemediation.

Election officer- refers to the officer of the

Bureau of labor Relations to conduction

election of union officers etc.


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Election Proceedings- refers to the period

during the election of union officers starting

from the opening and closing of polls.

Exclusive Bargaining Representative-refers toa legitimate labor union duly recognized as

the sole representative of all employees.

Grievance- any question by the employer or

the union regarding the interpretation of theCBA or company employees.


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Intra-Union Dispute- any conflict between

and among union members

Lockout- refers to the temporary refusal of

an employer to furnish work as a result of alabor or industrial dispute.

Med-Arbiter refers to an officer in the

Regional Office or in the Bureau authorized

to her and decide cases inter/intra-uniondisputes and other related labor relations

disputes.


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Registration-refers to the process of

determining whether the application for

registration of a union complies with the

registration prescribed in the Rules Strike- refers to an temporary stoppage of

work by the concerted action of employees

as a result of a labor or industrial dispute.

Strike vote Balloting- the secret ballotingundertaken by the members whether to

declare a strike .


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Union- refers to any labor organization in the

private sector organized for collective

bargaining .

Voluntary Arbitrator-refers to any personaccredited by the Board, or any person

designated in the CBA or one chosen by the

parties with or without the assistance of the

Board.


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Who may join Labor unions and workers

association

1. All persons employed in commercial,

industrial and agricultural enterprises2. Employees of gov. owned or controlled

corp. without original charters.

3. Employees of religious, charitable,

medical or educational institutions whetheroperating for profit or not.


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3. Alien employees with valid workingpermits if they are nationals of a countrywhich grants the same rights to Filipinoworkers.

Not eligible for membership in a labor union

1. Supervisory employees

2. Managerial Employees

All other workers including ambulant,intermittent, self employed rural workerswithout definite employers may formassociations for mutual aid and protection onlynot for CBA.


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Strike breaker-any person who obstructs,

impedes or interferes with by force,

violence, coercion, threats or intimidation

any peaceful picketing by employees duringany labor controversy affecting wages, hours

or conditions of work.

Strike area- means the establishment,

warehouse, depots, plants or office of theemployer, vicinity used by picketing strikers,

all points of entrance


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Title VI

UNFAIR LABOR PRACTICES


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Concept- Unfair labor Practices violate

constitutional rights of employees to self

organization. They are not only violation of

civil rights of both labor and management

but are also criminal but are also criminal

offenses against the state.


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Unfair Labor practices of Employers

1. To interfere with, restrain or coerce

employees in the exercise of their rights to self

organization .2. Require as a condition of employment

that a person or an employee shall not join a

labor org. or shall withdraw from one to which

he belongs.


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3. To contract out services or functions being

performed by Union members.

4. To initiate, dominate, assist or otherwise

interfere wit the formation of any labor org.5. 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 labororganization.


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6. To dismiss, discharge, or otherwise

prejudice or discriminate against an employee

for having given or being about to give

testimony by this code.

7. To violate the duty to bargain collectively as

prescribed by this code;

8. To pay negotiation or attorneys fees to the

union or its officers as part of the settlementof any issue in the CBA


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Chapter III

Unfair Labor Practices of Labor

0rganizations


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1. To restrain or coerce employees in theexercise of their rights to self organization.

2. To cause or attempt to cause an employerto discriminate against an employee with

whom membership in such org. has beendenied.

3. To violate the duty or refuse to bargaincollectively with the employer

4. To cause or attempt to cause an employerto pay any money in the nature of anexaction for services including fee forunion negotiations.


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5. To ask for or accept negotiations or

attorneys fees from employer as part of the

settlement of any issue in the collective

bargaining.


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