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Labor Law > Labor 2 > Flashcards

Labor 2 Flashcards

1
Q

Labor standards

A

Minimum terms and conditions of employment to which employees are legally entitled with and with which employers must comply

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2
Q

Labor relations

A

Interactions between ER and EE/or their representatives and the mechanisms by which the standards and other terms and conditions of employment are negotiated, adjusted or enforced

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3
Q

Social Justice

A

Art. 2, Sec. 10, 18 and 20.

Art. 13, Sec. 1, 2.

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4
Q

Art. 13, Sec. 3

A

The State shall afford full protection of labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all.

It shall guarantee the rights of all workers to self- organization, collective bargaining and negotiation, and peaceful concerted activities, including the right to strike in accordance with law.

They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law.

The State shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes of settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace.

The State shall regulate the relations between workers and employers, recognizing the right to labor to its just share in the fruits of production and the right to the enterprises to reasonable returns to investments, and to expansion and growth.

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5
Q

7 Cardinal Rights

A
  1. Self-organization
  2. Collective bargaining & negotiation
  3. Peaceful Concerted Activities, inc. the Right to Strike
  4. Security of Tenure
  5. Humane Conditions of Work
  6. Living Wage
  7. Participate in Policy & Decision-Making Processes
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6
Q

Work enlightenment (Art. 250)

A

Duty of LOs and officers to inform members on:

1) CBL
2) CBA
3) Prevailing labor relations systems
4) Rights and obligations under current laws

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7
Q

State policy on labor relations

A

Social justice through industrial peace and progress

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8
Q

Employee

A

Any person in the employ of an employer.

Any individual whose work has ceased as a result of or in connection with any current labor dispute or because of an ULP (if he hasn’t obtained other equivalent and regular employment) (Art. 219)

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9
Q

Who has the right to self-organization?

A

1) All employees in commercial, industrial agri, GOCCs, religious, charitable, medical. and educational institutions
2) Gov’t Corporate Employees
3) Supervisory employees (255)
4) Aliens (w/ valid permit and from a country that grants similar rights)
5) Security guards

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10
Q

GOCCs and their right to self-organization

A

1) Those with own charter – governed by CSC; have right to form associations only
2) Those under the Corp. Code with no charter – right to organize

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11
Q

Supervisory employees

A

An employee who, in the interest of the employer:

1) effectively recommends managerial actions
2) Exercises own discretion; not merely routinary or clerical in nature

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12
Q

Managerial employees

A

Those that can:

1) Lay down and execute managerial policies
2) Hire, transfer, suspend, lay-off, recall, discharge or assign or discipline

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13
Q

Excluded employees from the right to self-organization

A

1) Managerial employees
2) Confidential employees (by doctrine of necessary implication)
3) Members of cooperatives
4) Employees of IOs
5) Non-employees (Ambulant, intermittent, itinerant, self-employed, rural and non-definite employer workers)

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14
Q

Managerial staff-supervisory

A

1) Primary duty = performing work directly related to management policies
2) Exercises discretion and independent judgement
3) Assists in the management of the establishment
4) Doesn’t devote more than 20% than those not mentioned above

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15
Q

Confidential employees

A

1) Act in a confidential capacity

2) Regarding management policies in the field of labor relations

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16
Q

Non-employees

A

May form LOs for their mutual aid and protection except collective bargaining

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17
Q

Labor organization

A

Any union/association of employees which exists in whole or in part for the purpose of collective bargaining or with dealing with ERs concerning terms and conditions of employment (Art. 219).

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18
Q

LLO

A

Any labor org registered with DOLE (219)

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19
Q

Company Union

A

Any labor organization whose formation, function or administration had been assisted by an act defined as ULP (219)

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20
Q

Categories of LUs

A

1) Labor union
2) Workers Association
3) National Union or Federation
4) Trade Union Center

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21
Q

Worker’s Association

A

Organized for the mutual aid and protection of its members or for any legitimate purpose other than CB

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22
Q

National Union or Federation

A

Group of LLUs in a private establishment for:

1) CB
2) Terms and condition for employment
3) Participating in the formulation of social and employment policies, standards and programs
4) Registered in the BLR

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23
Q

Trade Union Center

A

Group of federations

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24
Q

Rationale for LUs

A

Guijarno v. CIR

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25
Q

Labor relations law

A

Defines the status, rights and duties, institutional mechanisms that govern the individual and collective interactions of ERs, EEs or their representatives.

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26
Q

Management prerogative

A

1) Right to hire
2) Right to reasonable returns to investments
3) Expansion and growth
4) Prescribe reasonable rules and impose disciplinary measures
5) Right to dismiss

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27
Q

Requirements for registration (IU, TUC, Workers’ Assn)

A

1) Name, principal address
2) Officer names, their respective addresses
3) Minutes of the organizational meetings & list of employees that participated
4) Annual financial report if in existance for 1/more years; unless it hasn’t collected any from its members in which case, they must issue a statement to this effect
5) CBL, minutes of its adoption or ratification & the list of members who participated. (This is no longer required when this factual circumstance is recorded in the minutes of the org. meetings)

28
Q

Reg Requirements (Independent Union/TUC)

A

1) Approximate number of employees in the BU
2) A statement that reports it is not a chartered local of any fed. or NU
3) Name of all its members comprising of at least 20% of the employees in the bargaining unit

29
Q

Reg Requirements (NU/Fed)

A

1) Resolution of affiliation of at least 10 LLOs each of which must be a duly certified SEBA
2) Name and addresses of the companies where the affiliates operate & list of all members in each company involved

30
Q

Reg Requirements (Worker’s Assn in more than 1 region)

A

1) Resolution of membership of each member assn, duly approved by its BOD

31
Q

Reg Requirements (Local Chapter/Chartered Local)

A

1) Issue a charter certificate
2) If their CBL is the same as their Fed/NU, indicate that
3) Genuineness and Due Execution of supporting requirements are certified under oath by the Sec. or Treasurer of the local and attested to by the President

32
Q

Action on application/Notice

A

RO or BLR will act on all registration applications within 1 day from receipt thereof; they will either:

1) Approve and issue certificate
2) Deny or provide notice for failure so they can comply with requirements (Rules)

33
Q

If denied

A

LO is given 30 days from receipt of notice to complete requirements

34
Q

Appeals for denial

A

RO –> BLR
BLR –> SOLE

All within 10 days from receipt of notice

35
Q

Procedure on appeal

A
  • File appeal with issuing office
  • RO/BLR has 24 hours from receipt of MOAppeal to transmit records
  • BLR/SOLE has 20 days from receipt of records to decide (Rules)
36
Q

Rights of LLOs

A

1) Act as representative for its members for the purpose of CB
2) Certified as the SEBA of all employees in an appropriate BU for CB
3) To be furnished by the ER, upon written request, with its annual audited financial statements (Within 30 days from receipt of request after union has been recognized as the SEBA, during 60-day freedom period, during negotiations)
4) Own property for the use and benefit of its members
5) Sue and be sued
6) Undertake all other activities designed to benefit the organization

37
Q

Cancellation of Union Certificate/Registration

A
  • Done at the BLR after due hearing (245)
38
Q

Grounds for cancellation

A

1) Misrepresentation, false statement or fraud in connection with:
- Adoption or ratification of CBL or its amendments
- Minutes of ratification
- List of members that took part in the ratification
2) Misrepresentation, false statement or fraud:
- Election of officers
- Minutes of election of officers
- List of voters
3) Voluntary dissolution

39
Q

Rights of membership in an LO

A

1) Deliberative and decision-making right
2) Right to information
3) Right over money matters
4) Political right

40
Q

Repertorial Requirements (to the BLR)

A

1) CBL, amendments, minutes of ratification and members that took part within 30 days from adoption
2) List of officers, minutes of officers, list of voters within 30 days from election
3) Annual financial reports, within 30 days from close of every fiscal year
4) List of members at least once a year/whenever required

41
Q

Nature of relationship in union-member relations (Art. 250)

A

Fiduciary relationship arising out of:

1) Degree of dependence of individual employe to the union organization
2) Comprehensive power vested in the union with respect to the individual

42
Q

Qualification for officers

A

1) Membership in good standing

2) Not convicted of a crime involving moral turpitude

43
Q

When allowed to levy special assessments or extraordinary fees?

A

1) Written resolution by
2) Majority of all members
3) In a general membership meeting duly called for that purpose
4) Secretary shall record the minutes of the meeting, which shall be attested to by the President:
- list of members presents
- votes cast
- purpose of assessment
5) Check-off:
- individual written authorization duly signed
- Specifying the amount and purpose and beneficiary of the deduction

44
Q

When are supervisors allowed to join R&F?

A

1) When R&F employees are not directly under the authority of supervisory employees
2) NF is not directly involved in the activities of the union

45
Q

Kinds of union security

A

1) Closed shop
2) Union shop
3) Modified union shop
4) Maintenance shop
5) Agency shop

46
Q

Requisites for valid dismissal due to a union security clause

A

1) USC is applicable
2) Union is requesting for the provision’s enforcement
3) Sufficient evidence to support the union’s decision to expel the employee from the union

47
Q

Bargaining unit

A

The group of employees sharing mutual interests within a given employer unit; comprised of all or less than all of the entire body of employees in the employer unit or any specific occupational or geographical grouping within such employer unit

48
Q

Determinations for the proper bargaining unit

A

1) Globe doctrine (will of the employees)
2) Community or mutuality of interest
3) Prior collective bargaining history
4) Employment status
5) Geography and location
6) Policy of avoiding fragmentation of the BU

49
Q

Certification Election

A

The process of determining, through secret ballot, the SEBA of the employees in an appropriate bargaining unit for purposes of collective bargaining or negotiation

50
Q

Consent election

A

The election voluntarily agreed upon by the parties with or without the intervention of DOLE

51
Q

Run-Off

A

An election between the labor unions receiving the 2 highest number of votes in a certification or consent election with 3 or more choices, where such a certified or consent results in none of the 3 or more choices receiving the majority of the valid votes cast; provided that the total number of votes for all contending unions is at least 50% of the number of votes cast. Conducted within 10 days from the close of election proceedings

52
Q

Bystander rule

A

Employer is not considered a party to the petition. They have no concomitant right to oppose a PCE

53
Q

Employer’s participation is limited to:

A

10 Being notified of petitions of such nature

2) Submitting the list of employees during the pre-election conference
3) (maybe) Manifestations of fact that would aid the MA in resolving the petition such as existence of contract-bar, 1-year bar or deadlock bar

54
Q

Requirements for PCE

A

1) In writing, verified under oath by Union President, Fed President OR President/any corporate officer authorized by BOD of the ER
2) Name, address and affiliation of petitioner
3) Name, address and nature of ER’s business
4) Description of BU
5) Approx. number of EEs in the BU
6) Name, address of other LLUs in the BU
7) Statement indicating:
- if the BU is unorganized/that there is no registered CBA
- if there exists a CBA, that the PCE was filed within the freedom period
- if another union had been previously recognized, that the PCE is filed outside the 1-year period from conduct of recognition and no appeal is pending thereon
8) In an organized establishment, the signature of at least 25% of the EE’s in the BU
9) Date and number of certificate of registration
10) If NU/Fed, National president/representative shall certify under oath the existence of its local/chapter
11) Charter certificate
12) Other relevant facts

55
Q

Grounds for dismissal of PCEq1

A

1) Its Reg Certificate had been revoked/cancelled
2) 1-year bar rule
3) Negotiation bar rule
4) Contract bar rule
5) Deadlock bar rule
6) Failed to gain 25% support requirement
7) Failure to submit charter certificate
8) Non-appearance of petitioner for 2 consecutive scheduled conferences before the MA despite due notice
9) Absence of ER-EE relationship

56
Q

Requisites for collective bargaining

A

1) ER-EE relationship
2) Possession of majority status representation by the EE’s representative in accordance with any of the means of selection
3) Proof of majority representation
4) Demand to bargain

57
Q

Duty to bargain collectively

A

Mutual obligation to meet and convene promptly and expeditiously in good faith for:

  • the purpose of negotiating an agreement with respect to wages, hours of work and all other terms and conditions of employment, including proposals for adjusting any grievances or questions arising under such agreement; and
  • executing a contract incorporating such agreements if requested by either party but such duty does not compel any party to agree to a proposal or to make any concession
58
Q

Duty to bargain when there exists a CBA

A
  • Neither party shall terminate nor modify such agreement during the lifetime.
  • Duty to keep the status quo and to continue in full force and effect the terms and conditions of the existing agreement during the 60-day period and/or until a new agreement is reached

Written notice to terminate/modify can be done though at least 60 days prior to expiration.

59
Q

During multi-employer bargaining; ER and LU will decide on:

A

1) manner by which negotiations shall proceed;
2) Scope and coverage of the negotiations and agreements
3) The effect of the negotiations on current agreements/conditions of employment

60
Q

Collective bargaining agreement

A

The contract between a LLU and the employer concerning wages, hours of work and all other terms and conditions of employment in a bargaining unit.

61
Q

Tanduay Distiller v. NLRC

A

Acts of disloyalty like joining another union outside the freedom period warrant their dismissal pursuant to a union security clause

62
Q

Volkshel v. BLR

A

Petitioner’s act of withdrawing from natitional union ALUMETAL warrants the ending of check off authorization for union dues

63
Q

PLASLU v. CIR

A

PLASLU has lost its capacity to sue in this Petition as a labor union entitled “to all the rights and privileges granted by law” when the SOLE dropped its name from the list of registered labor organizations in light of its failure to comply with the requirement for inspection of its books of accounts.

64
Q

Heirs of Cruz v. CIR

A

Agreement is INVALID. The authority of the union to execute a settlement cant be presumed, it must expressly granted

65
Q

Representation Role (267)

A

The LO selected by the majority of the employees in an appropriate CBU shallbe the exclusive representative for the purpose of collective bargaining.

Bu an individual employee/group of employees always have the right to present grievances to their employer

66
Q

Representation Role (267)

A

The LO selected by the majority of the employees in an appropriate CBU shallbe the exclusive representative for the purpose of collective bargaining.

Bu an individual employee/group of employees always have the right to present grievances to their employer

Labor Law (3 decks)

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