Modes Of Determining Bargaining Agent Flashcards
When can voluntary recognition be availed of?
- Only when there is only one legitimate labor organization
- Majority of the bargaining unit agrees
- 2 conspicuous places in 15 consecutive days
What is voluntary recognition?
Process by which a legitimate labor union is voluntary recognized by the employer as an exclusive bargaining representative
What is a certification election?
Process of determining, thru secret ballot, the sole amd exclusive bargaining agent of the employees.
When is the start of a certification election?
Upon the order of the med-arbiter of the blr
What are the bar rules in regards to certification election?
- Certification year bar rule
- Negotiations bar rule
- Bargaining dead lock
- Contract bar rule.
What is the certification year bar rule?
No cert election may be filed within one year from
- Date of entry of voluntary recognition or
- From a valid certification election, consent, runoff, and re-run
Pending appeal to the blr, does the 1 year bar rule run?
No. It is suspended until a final decision has been issued. Labor rules
What is the negotiations year bar rule?
Once a cba negotiations commence and while the parties are negotiating, no certification election can be had.
What is bargaining deadlock bar rule?
No certification election may be entertained if
1. A bargaining deadlock has been submitrter to concilliation or arbitration
- Has been subject to a notice of strike or lockout
What is the contract bar rule?
No certification election if a prevailing cba is present, and not within the freedo. Period.
What are the exceptions to the contract bar rule?
- Illegally procured cba
2. Does not promote industrial peace
What are the requisites of a validity of a certification election?
- The union must a legitimate labor organization
- In organized estsblishments, filed within the 60 day period
- In organized, must be with 25% writtens support of the members
- Not filed in bar rules
Discuss the kinds of majorities in a certification election.
- Votes required for the validity of the certification election itself. Majority of the voters in the bargaining unit
- Votes required to br certified as a colective bargaining agent.
Valid votes cast.
When is there failure of election
The NUMBER OF VOTES CAST is less than the majority of voters in the bargaining unit. Remedy. 6 months election again
What is the period to void a certification election?
5 days
What is direct certification
Selection of an empolyer of a exclusive bargaining agent. It is not allowed.
What are the grounds to challenge votes?
- No e to e relationship
2. Voter not a member of the bargaining unit
In unorganized establishments, is the 25 percent requirement necessary?
No! Only in organized establishments
What is run-off election?
When, in a valid certification election, a union did not attain a majority of the votes cast.
What is a period to conduct a run-off election
10 days
What is a consent election
Election voluntarily agreed upon by the parties, with or without the intervension of the dole
