Labor Relation Flashcards
It includes any person acting in the interest of an employer, directly or indirectly. The term shall not include any labor organization or any of its officers or agents except when acting as employer.
Employer
It includes any person in the employ of an employer. The term shall not be limited to the employees of a particular employer, unless the Code so explicitly states. It shall include any individual whose work has ceased as a result of or in connection with any current labor dispute or because of any unfair labor practice if he has not obtained any other substantially equivalent and regular employment.
Employee
It 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.
Labor organization
It means any labor organization duly registered with the Department of Labor and Empl oyment, and includes any branch or local thereof.
Legitimate labor organization
It means any labor organization whose formation, function or administration has been assisted by any act defined as unfair labor practice by this Code.
Company union
It means a legitimate labor organization or any officer or agent of such organization whether or not employed by the employer.
Bargaining representative
It means any unfair labor practice as expressly defined by this Code.
Unfair labor practice
It includes any controversy or matter concerning terms and conditions of employment or the association or representation of persons in negotiating, fixing, maintaining, changing or arranging the terms and conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee.
Labor dispute
It is one who is vested with the powers or prerogatives to lay down and execute management policies and/or to hire, transfer, suspend, lay-off, recall, discharge, assign or discipline employees. Supervisory employees are those who, in the interest of the employer, effectively recommend such managerial actions if the exercise of such authority is not merely routinary or clerical in nature but requires the use of independent judgment. All employees not falling within any of the above definitions are considered rank -and-file employees for purposes of this Book.
Managerial employee
It means any person accredited by the Board as such , or any person named or designated in the Collective Bargaining Agreement by the parties to act as their Voluntary Arbitrator, or one chosen with or without the assistance of the National Conciliation and Mediation Board, pursuant to a selection procedure agreed upon in the Collective Bargaining Agreement, or any official that may be authorized by the Secretary of Labor and Employment to act as Voluntary Arbitrator upon the written request and agreement of the parties to a labor dispute.
Voluntary Arbitrator
It means any temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute.
Strike
It means any temporary refusal of an employer to furnish work as a result of an industrial or labor dispute.
Lockout
It includes all disputes or grievances arising from any violation of or disagreement over any provision of the constitution and by laws of a union, including any violation of the rights and conditions of union membership provided for in this Code.
Internal union dispute
It means any person who obstructs, impedes, or interferes with by force, violence, coercion, threats, or intimidation any peaceful picketing affecting wages, hours or conditions of work or in the exercise of the right o f self-organization or collective bargaining.
Strike-breaker
It means the establishment, warehouses, depots, plants or offices, including the sites or premises used as runaway shops, of the employer struck against, as well as the immediate vicinity actually used by picketing strikers in moving to and from before all points of entrance to and exit from said establishment.
Strike area
It refers to the act of workers gathering outside a workplace, often during a strike, to call attention to their grievances, discourage patronage, and potentially dissuade strikebreakers
Picketing
It is a national-level labor organization, like a union of unions, representing multiple local chapters or unions.
Federation
It is an enterprise-level union chartered by a Federation or National Union, with legal personality derived from that charter.
Local Union/Chapter
It is essentially synonymous with a Local Union, representing workers within a specific company or establishment.
Chapter
It refers to a group that engages in activities aimed at undermining the government or the state, often through violence or illegal means
Subversive Organization
It means the performance of 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.
Duty to bargain collectively
It refers to any conflict within a labor union, including issues among members, violations of the union’s constitution, or disagreements over membership rights.
Intra-union Dispute
It arises between different labor organizations, often involving representation for collective bargaining or other conflicts between unions.
Inter-union Dispute
In bargaining deadlocks, notice of strike must be filed ______ days before the intended strike.
30 days
In unfair labor practice cases, the notice of strike must be filed ______ days before the intended date.
15 days
In union busting cases, unions may strike _______without a cooling-off period.
immediately
Failure to agree on the terms and conditions of the Collective Bargaining Agreement between the management and the union.
Bargaining Deadlock
It refers to any tactic an employer uses to weaken or eliminate a labor union, often through actions that violate employee rights to organize and bargain collectively. This includes things like firing union organizers, preventing union activities, and interfering with union elections.
Union Busting
It is a mandatory period of time (either 15 or 30 days) that must elapse before a strike or lockout can occur. This period is designed to allow for further negotiation and mediation efforts between the parties involved.
Cooling-off Period
A legitimate labor organization or any officer or agent of such organization, whether or not employed by the employer.” Under this definition the officer or agent may be a total stranger to the employer, may be a counsel or president of a mother union. The only requirement is that he is duly authorized to negotiate by the employees through the union that he represents
Bargaining Representative
It is “unrealistic and unreasonable demands in negotiations by either or both labor and management, where neither concedes anything and demands the impossible”
Blue-Sky Bargaining
It is making a proposal which is not subject to bargaining, take-it-or-leave-it bargaining. In effect there was to be no bargaining and the union was rendered ineffective or irrelevant.
Boulwarism
In bystander rule in certification election, the employer is regarded as nothing more than a bystander with no right to interfere at all in the election, the same being the sole concern of the workers.
Bystander Rule
It refers to the process of determining through secret ballot the sole and exclusive representative of the employees in an appropriate bargaining unit for purposes of collective bargaining or negotiation. A certification election is ordered by the Department of Labor and Employment.
Certification election
A union security clause in a collective bargaining agreement where the employer agrees not to employ any person who is not a member of the exclusive bargaining representative of the employees in a bargaining unit.
Closed Shop
It is democratic framework to stabilize the relation between labor and management to create a climate of sound and stable industrial peace
Collective Bargaining
It is 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.
Collective Bargaining Unit
It is an election voluntarily agreed upon by the parties to determine the issue of majority representation of all the workers in the appropriate collective bargaining unit.
Consent Election
It signals rather the need to continue the bargaining with the assistance of a third party as conciliator or arbitrator whose first aim is to get the parties back to the negotiating table and help them craft a win-win solution.
Deadlock
One staged by workers to force wage or other economic concessions from the employer which he is not required by law to grant (Consolidated Labor Association of the Phil. vs. Marsman and Company, 11 SCRA 589).
Economic Strike
It is any legitimate labor organization duly recognized or certified as the sole and exclusive bargaining agent of all the employees in a bargaining unit.” The bargaining representative of the employees is an entity – the union – and not the officers of the union. The entity remains though the officers are changed.
Exclusive Bargaining Representative
It is the name given to employee practices which create or spread employment by unnecessarily maintaining or increasing the number of employees used, or the amount of time consumed, to work on a particular job.
Featherbedding
Workers go on a strike to publicly protest a certain policy or action taken by the government.
General strike
Any question by either the employer or the union regarding the interpretation or application of the collective bargaining agreement or company personnel policies or any claim by either party that the other party is violating any provision of the CBA or company personnel policies
Grievances
Each side eventually compromising initial unreasonable positions, it advertised its initial proposals as fair and firm
Horse Trading Approach
The workers have a right to participate in the decision making process of employers on matters affecting their rights and benefits through collective bargaining agreements, grievance machineries, voluntary modes of settling disputes and conciliation proceedings mediated by the government.
Principle of co-determination
In the absence of a new CBA, the parties must maintain the status quo and must continue in full force and effect the terms and conditions of the existing agreement until a new agreement is reached
Principle of hold over
Includes transferring or outsourcing work or services from one’s own bargaining unit to another to gain economic advantage over employees.
Run-away Shop
It refers 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.
Union Shop
A promise exacted from workers or prospective employees that they will not belong to, or form, a union during their employment. Unless the promise is given, the worker will not be hired, or if already hired will lose his job.
Yellow Dog Contract
