LABREL Flashcards

1
Q

RETROACTIVITY OF CBA

A

ANY AGREEMENT CONCLUDED WITHIN SIX (6) MONTHS AFTER THE EXPIRATION, THE EFFECTIVITY SHALL RETROACT TO THE DAY AFTER EXPIRATION.

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2
Q

COLLECTIVE BARGAINING UNIT

A

A contract between the employer and the union setting forth the conditions and terms of employment for the mutual benefit of the employer and the union.

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3
Q

Automatic Renewal Clause

A

Happens when there is no new CBA, the old CBA is deemed renewed until a new agreement is signed.

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4
Q

Sole Exclusive Bargaining Unit (SEBA)

A

refers to a legitimate labor union duly certified as the sole and exclusive bargaining representative or agent of all the employees in a collective bargaining unit.

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5
Q

Rights of Labor Organizations

A
  1. To act as the representative of its members for the purpose of collective bargaining.
  2. To be certified as the exclusive representative of all the employees in an appropriate bargaining unit for purpose of collective bargaining.
  3. To be furnished by the employer with its annual audited financial statements including the balance sheet and the profit and loss statement.
  4. To own property for the use and benefit of the labor organization and its members.
  5. To sue and be sued in its registered name.
  6. To undertake all other activities designed to benefit the organization and its members.
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6
Q

Floating Status

A

refers to the suspension of employment due to a temporary suspension or cesation of business which shall not exceed Six (6) months.

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7
Q

Requisites of a valid strike

A
  1. There must be a valid ground.
  2. Filing of a notice of strike to NCMB.
  3. Cooling off period.
  4. Strike vote.
  5. Submission of strike vote report to the NCMB.
  6. Seven (7) days strike ban.
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8
Q

Pre emptive power of the Secretary of Labor and Employment (SOLE)

A

assumption of the Secretary of Labor or the President when a labor disputes would likely to cause a strike of an industry indespensable of the national interest.

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9
Q

Jurisdiction of Voluntary Arbitration

A
  1. All unresolved grievances arising from the interpretation or implementation of the CBA;
  2. Those arising from the interpretation or enforcement of company personnel policies.
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10
Q

Grievance Machinery

A

refers to any question by either the employer or the union regarding the interpretation or implementation of the CBA or the interpretation or enforcement of the company personnel policies.

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11
Q

Contract Bar Rule

A

a rule in which prohibiting the filing of petition of certification of election when the CBA is registered to the BLR. However, when it is in the freedom period, the contract shall be entertained.

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12
Q

Freedom Period

A

A period of Sixty (60) days prior to the expiration of Five (5) year lifetime period of the CBA for the purpose of renegotiation if there is any.

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13
Q

Substitutionary Doctrine

A

Happens when an existing union loses its legal personality and another union substitutes through the process of a new certification of election.

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14
Q

Agency fees

A

Amount paid by the non-member of a union provided they benefit from the CBA concluded by the union and the employer.

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15
Q

JURISDICTION OF THE BLR

A
  1. Inter union disputes or representation disputes.
    ex: union vs union
  2. Intra union disputes or internal union disputes.
    ex: members belonging to the same union conflicts.
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16
Q

Jurisdiction of the Labor Arbiter and the Commission

A
  1. Unfair Labor practice.
  2. Termination disputes.
  3. Money claims as a result of reinstatement.
  4. Money claims arising from Er-Ee relationship.
  5. Violation of Article 279 including legality of strikes and lockout.
  6. Except for claims for employees compensation exceeding Five-Thousand Pesos (P5,000)
17
Q

Check-off

A

method of deducting from an employees pay at prescribed period, the amount due to the union for fees, fines or assessments for the purpose of raising funds for the union.

18
Q

Illegal Dismissal

A

There is an illegal dismissal when the right of an employee of security of tenure is violated.

19
Q

Condition for entitlement for Retirement benefits

A
  1. The employee should have rendered at least Five (5) years of service in the establishment; and,
  2. He/She should be at least Sixty (60) years old for optional retirement and Sixty-Five (65) years old for mandatory retirement.
20
Q

Constructive Dismissal

A

Refers to involuntary resignation resorted to when continued employment becomes impossible, unreasonable or unlikely; when there is a demotion in rank or a diminution in pay; or when a clear discrimination, insensibility or disdain by an employer becomes unbearable to an employee or an unwarranted transfer or demotion of a employee, or other unjustified action prejudicial to the employee.

21
Q

Termination on Ground of Disease

A

Valid upon issuance of a certification by a competent public health authority that the disease is of such nature or at stage that it cannot be cured within a period of Six (6) monthd even with proper medical treatment.

22
Q

JUST CAUSE VS AUTHORIZED CAUSE

A

JUST CAUSE - serious misconduct or insubordination, Gross and Habitual Neglect of Duties, Fraud or Willful breach of trust, Commission of a crime, and analogous cases.
- employee is at fault. it requires two notices. and not entitled to separation pay because crime does not pay.

AUTHORIZES CAUSE - Installation of labor saving devices, Redundancy, Retrenchment to prevent losses, closing or cessation of operation, and Disease.
- employee is not at fault. it requires notice to EMPLOYEE and DOLE, entitled for separation pay.