Right to join union and general principles of ulp Flashcards
While conducting picketing, Mr. X inscribed in his poster “ATTY CHAN, HARI NG KAGULUHAN!”. Thus atty. chan filed a libel case againts X. Is X liable for Picketing?
No. Article 3 Sec. 4 of the Constitution grants the right to freedom of expression in lawful picketing
Can an individual employee raise their grievances to the employer despite the existence of a sole and exclusive collective bargaining agent?
Yes. An individual employee shall have at anytime present their grievances to the employer(Art 255). HOWEVER if the employees want to resolve their grievance to a voluntary arbitration, then they cannot do that without the approval of the union
Can an individual employee raise their grievances to the employer despite the existence of a sole and exclusive collective bargaining agent for VOLUNTARY ARBITRATION?
No. They must go to the proper bargaining unit or obtain its approval to place the grievance to voluntary arbitration. Why because voluntary arbitration is a creation of a CBA. Thus individual employees cannot invoke the provisions of a cba without imputing the proper parties, the employer and the collective bargaining agent.
What is “Participation in policy and decision making processes? does it mean entitlement to be a director or partner?
No. The employees will only participate as far as policies and decisions that affect their RIGHTS, BENEFITS and WELFARE are concerned.
Distinguish a Labor Management Counsel from a Grievance Comitee
As to Issues, LMC is assigned to policies and decisions, Grievance Committee is Grievances,
Governing Board LMC, Representative of Employers and Employees, not the union. In Grievance, the representative is the Union
Governing on Controversies, LMC cannot rule, Grievance can.
What is Unfair Labor Practice?
If such act has something to do with the right to self organization and collective bargaining of the Employee or Employer concerned
Is there an act which is deemed ULP even if it has nothing to do with self organization or collective bargaining?
Yes. The act of employer in dismissing the employee who has given testimony or about to give testimony in violation of the labor code.
Is violation of the CBA constitute ULP?
As a rule no. Voluntary arbitrators has jurisdiction over violation of the CBA(Art. 261) HOWEVER if such act constitutes GROSS VIOLATION of the CBA, then such acts constitues ULP
What is Gross violation of the CBA?
It is a Flagrant and Malicious refusal to comply with the economic provisions of the CBA (Note that if it is not on the economic provisions or not gross, then it is not ULP)
What is Union Busting?
It is an ULP which consist of dismissal of union officers and whose dismissal threatens the existence of the union (263 c)
Can supervisory employees form a union?
Yes. Art. 245 impliesly allowed supervisory employees to join union
X labor union has supervisory and rank and file employees as it members. Employee questions its validity on the ground of mixed membership. Is the claim tenable?
No. This is not a groud for cancellation of registration. Supervisory employees ar deemed not included by operation of law. Art. 245
Can an alien join a union?
Yes. Provided that
- He has a working permit
- Reciprocity
Can members of a cooperative join a labor union?
No. They cannot bargain among themselves
Why cant ambulant, intermittent, and self employed not join a union?
They have to employers to bargain with
Who cannot join labor unions in the private sector?
- Managerial employees(top and middle)
2. Confidential employees.
What is the rule for confidential employees?
- Act in a confidential capacity
2. Formulate, determine and effectuate management policies in the field of labor relations.( PRIMARY not CONFIDENTIAL)
A was just hired. Can be join a labor union.?
Yes. From the beggining of the first day of his service, be eligible for membership in any labor organization.
