Labor code Flashcards

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0
Q

What is a labor organization?

A

means any union or association of employees which exists in whole or in part for the purpose of collective bargaining or of` dealing with employers concerning terms and conditions of employment.

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1
Q

What is a CBA?

A

Contract executed upon request of either the employer or the Exclusive Bargaining Representative of the employees incorporating the agreement reached after negotiations.

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2
Q

What is a Legitimate Labor Organization?

A

means any labor organization duly registered with the DOLE, and includes any branch or local thereof

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3
Q

Chartered local?

A

refers to a labor organization that acquired legal personality through the issuance of a charter certificate by a duly registered federation or national union, and reported to the Regional Office in accordance with Rule III, Section 2-E of the Rules.

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4
Q

What is an independent union?

A

refers to a process where a labor organization absorbs another

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5
Q

What is a Confidential Employee?

A

Confidential Employees – a confidential employee is one who is entrusted with confidence on delicate matters, or with custody, handling, or care and protection of the employer’s property.

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6
Q

Government Employees Not Allowed To Unionize

A
  1. Members of the Armed Forces 2. PoliceOfficers/Policemen 3. Firemen 4. Jail Guards
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7
Q

Rights of union members

A
  1. POLITICAL RIGHT
    a. right to vote
    b. right to be voted for
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8
Q

What’s a Check-Off?

A

a method of deducting from an
employee’s pay at prescribed period, the amounts
due the union for fees, fines or assessments.
ƒ Deductions for union service fee are authorized
by law and do not require individual check-off
authorizations.

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9
Q

Who are the Parties to Collective Bargaining

A
  1. Employer
  2. Employees, represented by the exclusive
    bargaining agent
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10
Q

What are the Jurisdictional Requirements

A
  1. Status of majority representation of the
    employees’ representative.
  2. Proof of majority representation
  3. Demand to bargain under art. 250 (a) (Kiok Loy
    v. NLRC, 141 SCRA 179)
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11
Q

When is the Commencement of Bargaining?

A

During Certification Year – within 12 months after
the determination and certification of the
employees’ exclusive bargaining representative.

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