Collective Bargaining

Question 1

Why a bargaining agent must be first identified?

Answer 1

in order to acquired status as Sole and Exclusive Bargaining Agent (SEBA)

Question 2

what is needed to first identified before CB take place

Answer 2

Bargaining Agent

Question 3

what should the Regional Director do if there is more than one LLU in an UNORGANIZED establishment?

Answer 3

the RD shall refer the application to the election officer for the conduct of a certification election

Question 4

it is a process of determining through secret ballot the sole and exclusive rep of the employees in an appropriate bargaining unit for purposes of CB negotiation.

Answer 4

Certification Election

Question 5

Who order the Certification Election?

Answer 5

DOLE

Question 6

Can a CE be conducted during the pendency of the cancellation of the registration certificate proceedings?

Answer 6

Yes

Question 7

Can a member of religious ground who don’t want to join the unions may also vote in the certification election?

Answer 7

Yes

Question 9

What is the best method of determining the will of the workers on who shall represent them in their negotiating with Mgt for CBA that will best protect and promote their interest

Answer 9

Certification Election method

Question 10

they have the original and exclusive jurisdiction to hear and decide all unresolved grievances arising from CBA

Answer 10

Voluntary Arbitrator, sec 4 of rule 19

Question 11

Violations of CBA is no longer ULP but ….

Answer 11

resolved as grievances under CBA

Question 12

Gross violations oF CBA shall mean

Answer 12

flagrant and/or malicious refusal

Question 13

Why should the NLRC entertain disputes grievances under the VA?

Answer 13

it is under rule 19

Question 14

how is the decision, order, resolution or award of the VA being treated?

Answer 14

Final and Executory after 10 calendar days from rcpt of decision, rule 19, sec 7

Question 15

Is the retirement plan, incidental, duty pay and premium pay subject proper of CBA negotiation?

Answer 15

No

Question 16

where does CBA extend to labor law>

Answer 16

Laborers, employees of CBA, non member

Question 17

regular or temporary - Drivers, Cameramen editors

Answer 17

SC held regular who can benefit from CBA for R&F employees

Question 18

what is the year mandated by law in CBA?

Answer 18

the law mandates that the representation provision of a CBA should last for 5 years. If an employer refused, it committed an unfair labor practice.

Question 19

Is a wage increase not included in the CBA demandable>

Answer 19

No. However if it is was withheld by the employer as part of its unfair labor practice agains the union members, this benefit should be granted