Collective bargaining performance of mutual obligation to meet and convene promptly and expeditiously in GF for the purpose of negotiating an agreement

Does not compel any party to agree to a proposal or to make a concession

In the case of Kiok Loy - ER not under duty to initiate Pending PCE does not preclude collective bargaining Violations of duty to bargain amounting to ULP

o Failure or refusal to meet and conveneo Evading the purposes of bargainingo Not observing GF in bargainingo Grossly violating the economic provisions of the CBA

Procedure of Collective Bargaining1. serve a written notice to the ER with the statement of the

proposal2. Reply or counter proposal not later than ten days from

receipt3. Should differences arises, request for conference not later

than ten days from request4. WAS NOT ABLE TO WRITE DOWN THE LAST

PROCEDURE

Deadlock Parties may refer to conciliation or mediation by the NCMB Declare a strike or lockout Refer the case to compulsory or voluntary arbitration

TermsTwo terms involved

Representation aspect - 5 years , identity and majority status of the union that negotiated the CBA as the SEBA

Economic provisions - not later than 3 years

**Representation limit does not apply when the parties agreed to suspend the CBA -Rivera vs Espiritu case

**Agreement to extend the original five year term will not carry with it the representation aspect. Exclusive bargaining status cannot go beyond five years (FVC vs SANAMA FVC SIGLO)

AUTOMATIC RENEWAL CLAUSE

parties shall observe the status quo and continue in full force and effect the existing CBA during the freedom period or until a new agreement is reached

It is the same as the hold over principle

Hold Over PrincipleFor the meantime that the parties are still negotiating a new CBA, the hold over principle will state that the parties will have to implement the existing CBA, until such time that the new CBA has been reached by the parties.

RETROACTIVITYif agreement reached within six months - day immediately expiry of the old CBAif beyond six months - date agreed by the partiesDuring assumption of SOLE over labor dispute - date fixed by the SOLE - because of their PLENARY POWER

AUTOMATIC INCORPORATION CLAUSEExisting laws form part of a valid CBA without need for the parties to make reference to it.

UE vs Pepanio - a school CBA must be read in conjunction with statutory and administrative regulations faculty qualifications 

POSTING/publication CBAs have to first be ratified by the majority. After ratification CBA is not yet effective. It has to be posted

first Duty to post is on the employer and not with the union Noncompliance with the posting of the CBA will render the

CBA ineffective. It should also be registered with the regional office where

the Collective bargaining agent was issued a certificate of registration

Duty of the bureau in issuing registration of CBA is NOT ministerial because they have to review the CBA and other requirements that must be submitted such that if there is noncompliance by the collective bargaining agent with the documents and provisions of the CBA, the bureau can actually deny the CBA.

MANDATORY PROVISIONSProvisions on:

1. Wages

2. Hours of work3. Grievance machinery4. Voluntary arbitration5. No strike no lockout clause6. Labor management council - participatory decision making7. Drug free workplace8. Breastfeeding or lactation station

Different Forms of UNION SECURITY

1. UNION SHOPAll new regular EEs are required to join the union within a certain period as a condition of continued employment

2. MAINTENANCE OF MEMBERSHIPEEs who are union members as of the effectivity of the existing CBA or thereafter became members must maintain membership until promoted transferred out of the Bargaining unit or the agreement is terminated

3. CLOSED SHOPNo person may be employed unless he or she becomes a member in good standing until the termination of the agreement. 

EXCEPTIONS1. The provisions on Union security shall not prejudice the

rights of the existing worker who is an existing member of another labor union.

2. religion

Termination due to union securityRequirements as stated in the case of picop vs taneca 

1. Union security is applicable2. Union is requesting enforcement of the clause - ER cannot

unilaterally implement it3. There must be sufficient evidence - the ER must comply with

the twin notice requirement

Termination due to Union security ER must conduct its own inquiry before terminating an EE as

to whether there is sufficient ground to dismiss the EE based on Union security

ER is not required to pay back wages or financial assistance in the form of penalty for dismissing an EE pursuant to Union security if that was effected by the ER in good faith-

meaning that ER relied that the Union security clause is applicable.

UNFAIR LABOR PRACTICEtwo aspects 

1. Civil - claims for damages, attorneys fees and other affirmative reliefs

o Recovery in admin proceedings shall bar recovery under the civil code

o Jurisdiction with the LA, it will have to determine administratively if there is ULP but only as to the civil aspect.

2. CRIMINAL- requires prior determination of ULPo Jurisdiction is vested in regular courtso Final judgment in admin proceedings is not binding in

courts of general jurisdiction but merely a procedural requirement

PRESCRIPTIONPrescription will not run pending the administrative proceeding determination of the existence of ULP and prescription is one year from the commission of the alleged ULP

Elements of ULP1. ER EE relationship 2. Act must be expressly mentioned in the labor code as ULP3. Violates the right of the workers to self organization if ER

was the one who committed ULP

UNFAIR LABOR PRACTICES COMMITTED BY THE EMPLOYER1. Interference2. Yellow dog contract3. Contracting out4. Company Union or domination5. Discrimination6. Dismissal or discrimination of an EE WHO will give testimony

AGAINST THE ER7. Violate of duty to bargain collectively8. Pay negotiation or attorney's fees to Union or officers9. Gross violation of CBA

Interference - the most significantTest: if the ER is engaged in a conduct which interferes with the EEs right to self organization

Direct evidence that an EE was in fact intimated or coerced is not necessary

An example would be Sending out letters promising benefits to striking EEs without coursing through the union is considered as strike breaking. - insular life assurance EE association vs insular life

Interference in the selection of the panel of the other party in the negotiations or coerces the union to exclude in its panel...

Case of Cainta catholic school - no interference if separation of service is effected through retirement, as stated in the retirement provision of the CBA

Sponsoring a field trip for the EEs excluding union members before the certification election activing campaigning against the union during the field trip escorting them to the polling center. (t&h shop fitter vs t&h shop fitter unions)

Contracting out of services Not illegal per se,absent proof that the management acted

in a malicious and arbitrary manner - bpi EEs Union vs bpi But if stipulated in the CBA that the ER is precluded what

otherwise would have been its prerogative to do I.e. To contract services - she'll oil workers case

Discrimination Must be committed Ito encourage or discourage Union

membership No discrimination if keeping the EEs out of the premises

arose from fear or apprehension that they may sabotage the products machinery and spare parts which was done in another branch by striking union members - rizal cement workers vs madrigal

Dismissal of a brother of the EE  who refused to withdraw his complaint against the company was declared as an act discriminatory and constitutes as a ULP - case of 

Runaway shop Industrial plant moved by the owners from one location to

another to escape union labor regulations or to discriminate EEs in the old plant because of union activities. (complex electronic EEs association vs complex electronics)

Surface bargainingGoing through the motion of negotiating without any legal intent to reach an agreement. (standard chartered vs confessor)

UNFAIR LABOR PRACTICES COMMITTED BY LABOR UNIONS1. Restrain or coercion of EEs from exercising their right to self

organization2. Cause or attempt to cause the ER to discriminate an EE3. Violate the duty or refusal to collectively bargain4. Cause or attempt to cause the ER to pay or deliver or agree

to pay or deliver any money or other things of value for services which are not performed or not to be performed - feather bedding

5. Sweetheart contract - labor union will ask or accept negotiation or attorney's fees from ERs, this can also be committed by the ER 

6. Gross violation of CBA

Blue sky bargainingEconomic demands of the EEs were exaggerated or unreasonable

PEACEFUL CONCERTED ACTIVITIES - resorted to by ER and EE

I. by a Labor union

Strike Any temporary stoppage of work arising from industrial or

labor dispute

It may come in many forms such as1. Slowdown2. Mass leaves3. Sit down4. Attempts to destroy damage sabotage plant equipment or

facilities5. Wildcat strike - declared by members of labor union without

formal approval coming from the Union

ExamplesConcerted violation of grooming standards resulting in temporary cessation or disruption of operations constitutes illegal strike (NUWHRAIN vs ca)

Usual indicators such as - Not reporting for work, gathering in front of company premises to hold a protest action, deliberate absence

wearing red ribbons, Carrie cola cards and slogans marching to and from in front of the company premises during work hours affecting company operations (Club Filipino vs Bautista)

Illegal strike if the notice of strike is converted into a preventive mediation or conciliation by the parties. In other words, if converted to a preventive mediation or conciliation, there cannot be a valid strike.

Innocent Bystander Injunction is proper if filed by the third parties to a labor dispute or those without industrial connection or interest totally foreign to the context of the dispute.(MSF rubber tire vs CA)

They can file in courts of general jurisdiction an injunction to prevent a conduct of a strike. This is an exception to the prohibition on regular courts to issue an injunction.

Not an innocent bystander if third party's interest is intricately connected with the ER whose company is part of the strike being conducted by the EEs

PicketingRight of workers to peacefully March to and from before an establishment involved in a labor dispute generally accompanied by carrying or placing of signs placards and banners intended to inform the public of the dispute

When does it become illegal?When

1. Staged through the use of illegal means2. Involves employment of violence and other illegal acts3. Injunction is necessary to protect the rights of third parties

II. by the Employer

Lockout Any temporary refusal of the ER to furnish work as a result

of an industrial or labor dispute 

Labor or industrial dispute refers to any controversy concerning terms and condition of employment and/or association or representation or persons in negotiating, fixing, maintains, changing or atranging terms and conditions of employment

Any issues outside the this definition will not constitute as a labor or industrial dispute.

Requisites of strike or lockout1. Valid and factual ground - strikeable ground2. Notice of strike or lockout3. Notice is served to the dole-NCMB4. Strike or lockout vote5. Strike or lockout vote report6. Cooling off period7. 7 day waiting period

Valid and factual groundA. CBA deadlockPresuppose reasonable effort at GF bargaining which despite noble intentions, does not conclude an agreementB. ULPOnly GROSS VIOLATION of the economic provisions of the CBA are treated as ULP.Violation of the union shop agreement cannot constitute as ULP

Notice of strike or lockoutIf CBA deadlock, thirty days before the intended strike or lockoutIf ULP, fifteen days before the intended strike or lockout

Notice served to NCMBAt least 24hours before the strike or lockout vote, otherwise, strike or lockout will be deemed illegal

Strike or lockout vote Majority of Union membership or board of directors Necessary even if the ground for a strike is union busting,

this will not refer to lockout ever!

Report At least seven days prior to intended strike or lockout Still required even in case of union busting

Cooling offCBA deadlock, thirty daysULP, fifteen daysUnion busting, none**Reckoning period, filing of notice of strike or lockout vote with the NCMB

Seven day waiting period or strike ban**Reckoning period, on the date of the submission of strike vote report

One day deficiency will render the strike illegalPurpose: to ensure that the strike or lockout vote was indeed taken and the majority of the members approved the strike or lockout

Effects of an illegal strike Liability of a Union officer who knowingly participates in

an illegal strike or commit illegal acts during a strike is declared to have lost his employment status.

Note that knowledge is sine qua non before he may be dismissed

Union officer may be dismissed even if the illegal strike was held only for one day. (samahan ng Manggagawa. Sulpicio lines vs ...)

Wholesale forfeiture or employment status is not allowed. (Telefonica semiconductors EEs Union vs SOLE)

Liability of union members who knowingly participated in the commission of illegal acts during a strike, may be declared to have lost his employment status

Case of ... community medical center vs yballe - relief for dismissed union members for participating in an illegal strike is separation pay in lieu of reinstatement - doctrine of strained relation is applicable

Mere participation is a lawful strike shall not constitute sufficient ground for termination even if a replacement had been hired by the ER during such strike.

ASSUMPTION OF JURISDICTION

REQUISITESIndustry indispensable to the national interest

o Match factory is not imbued with national interest. Case of phimco vs brillantes

ExamplesTelecommunications industryAirline companies, banks, educational institutions, hospitals and clinics, shipping and port services, daily newspapers, company producing chlorine for water treatment

Who may exercise power to assume jurisdiction

Dole secretaryPresident

Nature of power: plenary All cases pending or may be filed during the assumption of

jurisdiction may be assumed or recognized by the SOLE

**Certified case: when SOLE would exercise continuously jurisdiction, it will just then be certified to the NLRC, so the NLRC would be the one to settle the dispute.

Service: rule on service of summons must apply It must be made personally If impossible, by leaving a copy between eight am and six

pm at the party's or counsel s residence is known, with a person of sufficient age and discretion residing there're in

Presumption of receipt by the labor union cannot be treated lightly, meaning the service of summons, in the case of assumption of jurisdiction should also be strictly complied with

Effects Intended or impending strike or lockout is automatically

enjoined even if a MR is filed on the assumption of jurisdiction 

Strikers or locked out EEs should immediately return to work ER should reinstate them     on the same terms and conditions prevailing before the conduct of the strike or lockout.

Return to workIt is immediately executory. 

Payroll reinstatement in lieu of actual reinstatement is not allowed except when reinstatement is impossible or not conducive to attaining the purpose of the law. (university of immaculate conception vs sole, NUWHRAIN vs ca)

Defying a return to work order would constitute abandonment of work (St scholastics college vs Torres)

ER may hire replacements in case of defiance by workers without need of a hearing. But ER my be liable for back wages, damages and other reliefs, even criminal prosecution in case of refusal to readmit workers. Refers to criminal prosecution for ULP

ER waived it's right to proceed against EEs who committed illegal acts during a strike, when during a conference, it agreed to reinstate and comply with the return to work order.

Improved offer balloting, in case of strike, the NCMB regional branch shall conduct a referendum on the improved offer by the ER, on or before the 30th day of the strikeReduced offer balloting, in case of lockout, the NCMB regional branch shall conduct a referendum on her diced offer by the labor union or before the 30th day of the lockout