Labor Memory Aid

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LABOR LAW (STANDARDS AND RELATIONS)MEMORY AID

ATENEO CENTRAL BAR OPERATIONS 2001

LABOR STANDARDS

EXEMPT FROM BOOK III (Conditions of Employment)Government employeesManagerial employees: if primary duty is management,

customarily and regularly direct work of two or more Ees, and

with authority to hire and fire or suggestions given particular weight

Officers or members of managerial staffDomestic ServantsNon-agricultural field personnel if regularly perform duties away from office

*Those paid by results, piece-work, pakyaw or task basis – are entitled to certain benefits (Labor Congress v. NLRC, 290 SCRA 509)

BENEFITS TO WHICH PIECE-RATE WORKERS ARE ENTITLED :Applicable Statutory Minimum Daily Rate*Service Incentive LeaveNight Differential PayHoliday PayMeal and Rest PeriodsOvertime Pay*Premium Pay*Thirteenth Month PayOther Benefits

*Follows output rate prescribed by DOLE or standard used conforms with DOLE output rate.

PREMIUM RATE for OVERTIME:Normal 25% ON TOP OF HOURLY RATEHoliday/Rest Day 30%Special Day 30%

Emergency Overtime WorkCountry at war/National or Local EmergencyNecessary to Prevent loss of life/property or Imminent danger to public safety Urgent work to be performed on Machines to avoid serious loss or damage to

employerNecessary to prevent loss or damage to perishable goodsCompletion of work started before the 8th hourNecessary to avail of favorable weather or environmental

Overtime Compensation General Rule : cannot be waived Exception : waiver of OT pay is in consideration of benefits and

privileges which may be more than the OT pay

Voluntarily agrees to work 9 hoursNo diminution in payValue of benefits greater or at least equal to 1hr. OT pay during weekdays OT pay due and demandable even if permitted to work SaturdaysWork doesn't involve strenuous physical exertionTemporary duration

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NIGHT DIFFERENTIAL (10pm-6am) 10% Does not apply to: Government Employees

Retail Businesses with less than 5 workersDomestic HelpersManagerial EmployeesField Personnel or those unsupervised, task or contract basis, purely commission & fixed amount

MEAL TIME General Rule: Minimum of 60 minutes Exception: Minimum of 20 minutes with full pay

PREMIUM PAY (Days Worked)Rest Day 30%Special Day 30%Nov.1 & Dec. 31 if also a Rest Day 50%for special day:

NO WORK, NO PAY

Authorized Work on a Rest Day:Urgent work to be performed on machineryActual impending emergencyAbnormal pressure or workPrevent loss/damage to perishable goodsNature of work requires continuous operationsAnalogous situations

HOLIDAY PAY Unworked 100%Worked 200%- IF ALSO REST DAY 260%

- should not have been absent without pay on the working day preceding the holiday

New Year's Day Maundy Thursday Good Friday Nov. 30April 9 May 1 June 12Dec. 25 Dec. 30 Last Sun of August

EXEMPT FROM HOLIDAY PAY:Government eesRetail and Service Establishments regularly employing less than 10 Domestic helpersManagerial eesField Personnel

Hourly Paid Faculty Members – not also entitled

SERVICE INCENTIVE LEAVE has worked for at least a year 5 days with pay

Does not apply:GovernmentAlready enjoying benefitDomestic Helpers and those in the personal service of anotherAlready with vacation leave with pay of at least 5 daysManagerial EmployeesField Employees including those in Contract basis

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ATENEO CENTRAL BAR OPERATIONS 2001Employed in establishments regularly employing less than 10 employees

WAGE DISTORTIONS- an increase in prescribed wage rates resulting in the elimination or severe

contraction of intentional quantitative differences in wage or salary rates between and among employee groups in an establishment as to effectively obliterate the distinctions embodied in such wage structure based on skills, length of service, or other logical bases of differentiations

Procedure for correcting:1. With Union

- go through grievance procedure- voluntary arbitrators (decide within 10 days from referral)

2. Without Union- Each brings his own grievance- NCMB (10 calendar days => conciliation if unresolved)- NLRC (decide within 20 days from submission)

13TH MONTH PAY Entitled : Exempted Employers :

All Rank and File employees–worked at least 1 month

Those with Multiple EmployersPaid by ResultPrivate School TeachersResigned or Separated Employees

(proportional)

GovernmentEmployers of Household Helpers Those already payingEmployers of paid purely on commission,

fixed, boundary or task basis

Minimum Amount : not less than 1/12 of total basic salary earned within a calendar year

*BASIC SALARY – for purposes of 13th mo. pay shall include all remunerations or earnings paid by his employer for services rendered

- BUT DOES NOT INCLUDE: allowances and monetary benefits which are not considered or integrated as part of the regular or basic salary such as vacation and sick leave credits, overtime, premium night differential, holiday pay and COLA UNLESS by individual or collective agreement or company practice or policy, they are treated as basic salary.

VACATION/SICK LEAVE - not required by law

SERVICE CHARGE 85% Covered Employees15% Management

BONUSGeneral Rule :Can't be demandedExceptions:

1. Given for a long period of time2. Consistent & deliberate3. Employer knew he was not required to give benefit4. Employer continued giving benefit5. Employer realizes profits

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MEDICAL TREATMENT OF EMPLOYEES General Rule :First-Aid medicine and equipment made available

Training of sufficient Number of Employees to apply First-Aid Treatment

51-200 Employees Full-time registered nurseEXCEPT when the employer doesn't maintain hazardous work places (Licensed First-Aider sufficient)

201-300 Employees Full-time Registered Nurse, Part-Time Physician, Dentist & Emergency Clinic

301 or more Full-Time Registered Nurse, Full-Time Physician, Dentist, Dental Clinic, Infirmary/Emergency Hospital with a bed capacity of 1 bed per 100 employees

EXCEPT when there is a hospital or clinic accessible from the Employer's establishment AND he makes arrangements for the Reservation of necessary bed and dental facilities

Hazardous Work Full-Time Physician - at least 2 hours Place Part-Time Physician - at least 8 hours

VISITORIAL AND ENFORCEMENT POWER–by Secretary of Labor or duly authorized representative

Access to employer's records and premisesRight to copy recordsRight to question any employeeInvestigate any fact, condition or matter which may be necessary to Order and administer, after due notice and hearing, compliance with the Labor Standards provisions Issue writs of execution to the appropriate authority for enforcement of their orders Order stoppage of work or suspension of operations when non-compliance with law and implementing regulations poses grave and imminent danger to the health and safety of workers in the workplace

- Hearing within 24 hours- Employer liable for salaries during suspension of operations if found to have caused the violation

*NO TRO or Temporary/Permanent injunction may be issued by an inferior court over any case involving the enforcement orders issued

RECOVERY OF Wages, Simple Money Claims & Other Benefits - DOLE Regional Director

Summary Proceeding Claimant : employee or person in domestic or household service

Provided : 1. No claim for reinstatement2. Aggregate claims of each employee or househelper does not

exceed P5,000(even if it exceeds this, Regional Director may still enforce based on inspection's findings in the nature of enforcement action)

3. Claims arise from employer-employee relationship Notice and Hearing Resolution of Complaint within 30 days from filing (Appeal within 5 calendar

days to NLRC) NLRC to resolve appeal within 10 calendar days from submission of last

pleading

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Exception : Claims for Employee's CompensationClaims for Social Security benefitsClaims for Medicare BenefitsClaims for Maternity Benefits

*Regional Director cannot enforce results of Visitorial Power when :1. Employer contests the findings2. Issues raised requires examination of evidentiary matters3. Such matters are not verifiable in the normal course of inspection

EMPLOYMENT OF WOMEN1. Nightwork Prohibition

a. Industrial Undertaking 10pm06amb. Commercial or Non-industrial, or branch thereof, other than agricultural

12am-6am

c. Agricultural Undertaking Nighttime, unless given a period of rest not less than 9 consecutive hours

EXCEPTIONS:Actual or impending emergencies to prevent loss of life/property or force majeure or imminent danger to public safety Urgent work to be performed to avoid serious loss to employerNecessary to prevent serious loss of perishable goodsHolds a responsible position of managerial or technical nature or engaged to provide

health or welfare serviceNature of work requires the manual skill and dexterity of women workers and the same cannot be performed with equal efficiency by male workersImmediate members of the family operating the establishment or undertakingOther analogous cases

2. Facilities for Womena. Provide seats proper for womenb. Establish separate toilet rooms and lavatoriesc. Establish a nursery in a workplace for the benefit of the women

employeesd. Determine appropriate minimum age and other standards for retirement

and termination

3. Maternity Leave Benefitsa. Has paid at least 3 monthly contributions in the 12-mo. period

immediately preceding the semester of her childbirth or miscarriageb. Paid only for the first 4 deliveries or miscarriages c. 100% of average salary credit for 60 days if normal or 78 days if

caesarean

4. Family Planning Services, Incentives for Family Planninga. Maintain clinic or infirmary which shall provide for family planning serviceb. Develop and prescribe incentive bonus schemes to encourage family

planning among female workers in any establishment/enterprise

5. Discrimination Prohibited

ACTS OF DISCRIMINATION: Payment of lesser compensation for work of equal value Favoring over promotion, training opportunities, study and scholarship grants

solely on account of their sexes Institution of any criminal action under this shall not bar the

aggrieved employee from filing an entirely separate and distinct

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ATENEO CENTRAL BAR OPERATIONS 2001action for money claims, which may include claims for damages and other affirmative relief

Actions authorized shall proceed independently of each other

6. Void Stipulations Against Marriage- either as a condition for employment (pre) or for continuing employment (post)

7. Prohibited ActsDeny benefits or discharge any woman employed to avoid giving benefitsDischarge such a woman on account of her pregnancy or while on leave or in confinement due to her pregnancyDischarge or refuse the admission of such woman upon returning to her work for fear she may again be pregnant

MINIMUM EMPLOYABLE AGE15 Years Except when working under the sole responsibility of his parents or

guardian AND his employment does not in any way interfere with his schooling

18 Years In undertakings which are hazardous or deleterious

a. exposes workers to dangerous environmental elements, contaminations, or work conditions including ionizing radiations, chemicals, fire, flammable substances, noxious components and the like

b. engaged in construction work, logging, fire-fighting, mining, quarrying, blasting, stevedoring, dock work, deep-sea fishing and mechanized farming

c. engaged in the manufacture or handling of explosives and other pyrotechnic products

d. exposed to or use of heavy or power-driven machinery or equipment

e. use or are exposed to power-driven tools

EMPLOYMENT OF HOUSEHELPERS- engaged in the employer's home, whose services are usually or desirable for

the maintenance and enjoyment thereof, and ministers exclusively to the personal comfort and enjoyment of the employer's family

1) Original Contract not more than 2 years2) If assigned to work in a commercial, industrial or agricultural enterprise, must

not be paid lower than agricultural or non-agricultural workers3) If under 18 years of age, must be given opportunity to finish at least

elementary schooling - cost of education shall be part of compensation4) Treated in a just and humane manner5) Free : Sanitary and suitable living quarters

Adequate foodMedical attendance

6) Indemnity for unjust termination if Fixed Period of ServiceCompensation already earned + 15 days

7) If no fixed period, notice of termination must be given at least 5 days prior

EMPLOYMENT OF HANDICAPPED WORKERS- Earning capacity impaired by : age

physical or mental defects- can be regular if work is usually or necessary or desirable to the business

(Bernardo Case)

1. When Employablea. necessary to prevent curtailment of employment opportunities AND

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ATENEO CENTRAL BAR OPERATIONS 2001b. does not create unfair competition in labor costs or impair working

standards

2. Employment Agreement shall state/include:a. Names and addresses of the handicapped workers to be employedb. Rate to be paid not less than 75% of applicable legal minimum wagec. Duration of employment periodd. Work to be performed by handicapped

- the agreement is always subject to inspection by SOLE or duly authorized representative

3. Eligibility for Apprenticeship- If their handicap is not such as to effectively impede the performance

of job operations in the particular occupations for which they are hired

LABOR RELATIONS

REQUIREMENTS FOR REGISTRATIONLABOR ORGANIZATION FEDERAL/NATIONAL

UNIONWORKERS’ ASSOCIATION

a. Registration Feeb. Names, addresses of its

officers; principal address; minutes of the organizational meetings; list of workers who participated in the meetings

c. Names of all its members comprising at least 20% of all the employees in the bargaining unit where it seeks to operate

d. Two (2) copies of its financial reports is applicant has been in existence for one or more year

e. Four (4) copies of the Constitution and By-laws (CBL), minutes of its adoption or ratification and a list of members who participated therein

~ all requisite documents shall be certified under oath by the Secretary/Treasurer and attested by the President

In addition to a, b, d and e of requirements for Labor Org:

a. Resolution of affiliation of at least 10 locals or chapters (all duly recognized Collective Bargaining agents)

b. Names and addresses of the companies where the locals/chapters operate plus list all members in each company involved

a. Registration feeb. Names of its

members, their addresses, principal office of applicant, minutes of organizational meetings, and names of individual members who attended such meetings

c. Copy of constitution and by-laws duly ratified by majority of individual members

CHARTERING - Issuance by Federation of charter certificate to a local/chapter- copy of which shall be submitted to BLR within 30 days from issuance- in addition submit CBL and set of officers- books of accounts are no longer required

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AFFILIATION of Independently Registered Union- file with Regional Office or BLR 2 copies of verified resolution of affiliation,

ratified by a majority of the union, and a resolution of acceptance of by the federation / industry union

Local/Chapter becomes an LLO only upon Submission of the ff. to the BLR / Regional Office:

a. a charter certificate (Within 30 days from issuance)b. CBL and statement of officers - books of account are no longer required

GROUNDS FOR CANCELLATION OF UNION REGISTRATION

Misrepresentation, False Statement or Fraud in connection with :a. adoption/ratification of the CBL or amendments thereto, minutes of ratification

and the list of members who took part in the ratificationb. election of officers, minutes thereof, list of officers/votersc. in the preparation of the financial reports

Failure to Submit :a. CBL, minutes of its adoption/ratification, list of members ho took part within 30

days from adoption of ratification or amendments theretob. Minutes of the elections of officers, list of officers/voters within 30 days from

electionc. Annual financial report to the BLR within 30 days after the closing of every fiscal

yeard. List of individual members to the BLR once a year or whenever required by the

BLRActing as labor contractor or engaging in the 'Cabo System' or otherwise engaging in

any activity prohibited by lawEntering into CBAs with terms and conditions of employment below minimum

standards established by lawAsking for or accepting attorney's fees or negotiation fees from employerChecking off special assessments or any other fees without duly signed individual

written authorizations of the members (other than for mandatory activities under the labor Code)

RIGHTS AND CONDITIONS OF MEMBERSHIP

A. Political Rights1. Officers Directly elected2. No person convicted of crime involving moral turpitude shall be eligible to be

an officer of union3. Officers shall not be paid any compensation other than salaries and

expenses due to their positions as authorized by CBL or written resolution of majority

B. Deliberative & Decision Making Rights1. Determination by secret ballot, any question of major policy2. No admission of individuals who are members of subversive organizations

C. Rights Over Money Matter1. No arbitrary, excessive oppressive fines and forfeiture2. No collection of fees, dues NOR disbursements unless duly authorized

pursuant to CBL3. All payment of fees, dues, contributions evidenced by receipt and entered

into records

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ATENEO CENTRAL BAR OPERATIONS 20014. Funds shall not be applied for any purpose other than expressly provided in

CBL or authorized by majority of members at general meeting5. No special assessment or other extraordinary fees may be levied unless

authorized y written resolution of majority6. Other than mandatory activities, no special assessment, atty.'s fees,

negotiation fees or any other extraordinary fees may be checked from any amount due to an employee without individual written authorization

D. Right To Be Informed1. Full and detailed report of all financial transactions2. All income and revenue evidenced by a record and every expenditure

evidenced by a receipt3. Treasurer and Officers render a true and correct account of all moneys

received and paid : Since assuming officeSince last accountingAt least once a year w/ in 30 days from close of fiscal yearOther times as required by written resolution of majority

4. Books of account and financial records open to inspection by officer/member during office hours

5. Duty of labor organization to inform members of contents of CBL, CBA and their rights and obligations under existing labor laws

*Protest on Election of Officers Formalized before Med Arbiter within 5 days from close of Election

Proceedings

Decided within 20 working days

INTRA-UNION DISPUTESGeneral Rule :Relief must first be sought within the union itself in accordance

with its CBL which must be alleged in the petition Exceptions :

Futility of intra-union remediesImproper expulsion proceduresUndue delay as to constitute substantial injusticeAction for damagesLack of jurisdiction of the investigating bodyAction of the administrative agency is patently illegal, arbitrary and oppressive Issue involved is purely a question of lawAdministrative agency has already prejudged the caseAdministrative agency was practically given an opportunity to act on the case but did not

*Requirement for a complaint for Violation of by-laws and rights and conditions of membership:

Minimum of 30% of the members of the Labor OrganizationException :when such violation directly affects only 1 or 2 members, then such number would be enough to report the violation and seek redress with the CIR

REQUIREMENTS FOR DISAFFILIATION General Rule : Only during the 60 day freedom period & effected by a

majority of the members of the bargaining unit Exception : Outside the freedom period but must still be supported by

a majority of the members of the disaffiliating union who must remain bound by the CBA until the CBA's expiration date.

Substitutionary Doctrine - employees cannot revoke the validity of a validly executed

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ATENEO CENTRAL BAR OPERATIONS 2001CBA with their employer by the simple expedient of changing their collective bargaining agent

- the new agent must respect the subsisting CBA - employer cannot renege on the CBA, except to

negotiate with the management for the shortening thereof

- Inapplicable to personal undertaking of deposed unione.g. : no strike stipulation

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VISITORIAL POWERWho : Sec of DOLE or duly authorized representativeRe : Inquire into Financial Activities of LLOCause : Complaint under oath supported by the written consent at

least 20% of LLO's total membershipProhibited : 1. 60 day freedom period

2. within 30 days immediately preceding election of union officers

EXECUTIVE ORDER 180- Applies to all employees of all branches, subdivisions,

instrumentalities and agencies of the government including employees of GOCCs with original charters

- Can form, join or assist employees’ organization for furtherance and protection of interest

NOT Covered :High-level employeesAFPPolice OfficersPolicemenFiremenJailguards

- Application filed with the BLR- Registration is with the Civil Service Commission or DOLE

(CSC Chairman and Dole Sec jointly approve)- Petition for Certification Election if filed with the BLR

RIGHTS OF LEGITIMATE LABOR ORGANIZATIONSAct as the representative of its members for the purpose of collective bargainingCertified as the exclusive bargaining representative of all employees in an appropriate

collective unit for purposes of collective bargainingFurnished with the annual audit financial statements of employerOwn property (real/personal) for the use and benefit of its members and the labor

organizationSue and be sued in its registered nameUndertake all other activities designed to benefit the organization and its members,

including cooperative, housing welfare and other projects not contrary to lawCollect reasonable membership fees, union dues, assessments and fines and other

contributions

2 KINDS OF UNIONS (Purpose)1) For purposes of Collective Bargaining (called "Labor Organization")

- any union or association of employees which exists for collective bargaining purposes or for dealing with employers regarding terms & conditions of employment

2) For Mutual Aid and Protection (called "Worker's Association")- an association of workers organized for its members' mutual aid and

protection or for any legitimate purpose other than collective bargaining

*Any employee, whether employed for a definite period or not, shall, beginning on his first day of service, be considered an employee for purposes of membership in any labor union

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UNION SECURITY CLAUSE- union can determine membership and prescribe conditions for its acquisition

and retention- cannot be used by union officials against an employer, much less their own

members except with a high sense of responsibility, fairness and judiciousness

CLOSED SHOP - only union members can be hired and workers must

remain union workers/members to retain employment

UNION SHOP - non-members may be hired, but to retain employment, must become union members within a certain period thereafter

MODIFIED UNION SHOP - employees who are not union members at the time of the signing of the contract need not join the union, but all workers hired thereafter should join

MAINTENANCE OF MEMBERSHIP - no employee is compelled to join the union, but all present or future members must, as a condition of employment, remain in good standing with the union

EXCLUSIVE BARGAINING SHOP - the union is recognized as the exclusive bargaining agent for all employees, whether union members or not

BARGAINING FOR MEMBERS ONLY - the union is recognized as the bargaining agent only for its own members

AGENCY SHOP - an agreement whereby employees must either join the union or pay to the union as the exclusive bargaining agent a sum equal to that paid by the members. This is directed against the "free rider" employees who benefit from union activities without contributing to union support o prevent a situation of non-union members enriching themselves at the expense of union members.

PREFERENTIAL SHOP - agreement wherein management undertakes to give preference to union members in the hiring of employees, whether or not as regulars

HIRING HALL - agreement wherein list of employees are given a chance to determine who to employ/regularize

General Rule : All employees in the bargaining unit covered by the union security clause are subject to its terms

Exception :Any employee who at the time the agreement takes effect is a bona fide member of a

religious organization which prohibits its members from joining labor unions on religious grounds

Employees already in the service and already members of a labor union or unions other than the majority union at the time the agreement took effect

Supervisors ineligible under the Act to join the majority union because of the membership therein of employees under their supervision

Employees excluded from the agreement by express terms

UNFAIR LABOR PRACTICES- acts opposed to workers' right to organize

*2 Elements : Employer-employee relationship between the offender and offended

Act done is expressly defined in the Labor Code as ULP

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*REMEDIES:1. Civil Aspects

- Labor Arbiter who shall resolve within 30 calendar days from submission for decision

- recovery of civil liability in the administrative proceedings shall bar recovery under the Civil Code

- substantial evidence enough

2. Criminal Aspects- Must be proved independently from labor case- Prosecution not possible until after finality of judgment in the labor

case- Admin/civil judgment not evidence of ULP insofar as the criminal

case is concerned- During the pendency of admin proceeding, the running of

prescription of criminal offense shall be interrupted

ULP OF EMPLOYERS1. Restraint, interference or coercion in their exercise of the right to self-

organization- no excuse that conduct was unintentional and innocent- Totality of Conduct Doctrine : culpability of employer's remarks were

to be evaluated no only on the basis of their implicit implications, but were to be appraised against the background of and in conjunction with collateral circumstances (history of employer's labor relations + anti-union bias)

- Doctrine of Successor-Employer : new company will be treated as a continuation or successor of the one that closed in the new or take-over company is engaging in the same business as the closed company or department, or is owned by the same people, and the "closure" is calculated to defeat the worker's organizational right in which case the closure may be declared a subterfuge

*Factors to Determine Continuity :a. Retention of controlb. Use of the same plant or factoryc. Use of the same or substantially the same employees,

workers, supervisors or managersd. Similar or substantially the same work or production under

similar or substantially the same working conditionse. Use of the same machinery and equipmentf. Manufacture of the same products or the performance of the

same services

2. Yellow Dog Contract - contract whereby an employee agrees that during the period of his employment he will not become a member of a labor union

3. Contracting work out - services or functions being performed by union members

- determining factor : motivation*Runaway Shop : industrial plant moved by its owners from one

location to another to escape union labor regulations or state laws; a plant removed to a new location in order to discriminate against employees at the old plant because of their union activities

4. Discrimination (wages, hours of work, other terms & conditions of employment)

- Purpose : to encourage /discourage membership in any labor org'n

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5. Indirect discrimination against someone who has filed charges or for having given or about to give testimony against the employer under the Labor Code

6. Violation of duty to Bargain

7. Pay negotiation or attorney's fees to the union or its officers or agents as part of the settlement of any issue in collective bargaining or any other dispute.

8. Violation of the CBA- Flagrant & malicious refusal to comply with the economic conditions

or provisions thereof

9. Initiates, dominates, assists otherwise interferes with the formation or administration of any labor organization including the giving of financial or other support to its organizers or officers

RELIEF IN ULP CASES - not subject to compromise Cease and desist order where :

Restrained conduct was an issue in the case There was a finding of fact on said misconduct Finding of fact supported by evidence

Reinstatement, Payment of Backwages Disestablishment - withdrew all recognition from the dominated labor union Order to bargain

ULP OF LABOR ORGANIZATIONS1) Restraint, interference or coercion in their exercise of the right to self-

organization- Interference in itself is not prohibited, ULP only if it amounts to

restraint or coercion

2) Causes employer to discriminate between union and non-union members or members of another union

3) Violation of duty or refusal to bargain collectively

4) Featherbedding : 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

5) Accept/ask for negotiation or attorney's fees from employers as part of the settlement of any issue in collective bargaining or any other dispute

6) Gross violation of CBA (if not gross, not ULP)- Flagrant & malicious refusal to comply with the economic conditions

or provisions thereof

JURISDICTION OF VOLUNTARY ARBITRATORS1. Original and Exclusive

all unresolved grievances arising from the interpretation or implementation of the CBA

those arising from the interpretation or enforcement of company personnel policies

2. All other labor disputes AGREED to be referred to it by the parties

Grievance machinery, automatically referred Award to be made Final after if unsettled after to Voluntary Arbitrator within 20 calendar 10 cal days7 calendar days days

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ATENEO CENTRAL BAR OPERATIONS 2001from submission

TERM OF CBA : 5 years as to the representation aspectRenegotiation of provisions other than representation aspect - not later than 3 years after its execution

BARGAINING UNIT- group of employees of a given employer comprised of all or less than all of the entire

body of employees, which the collective interests of all he employees, consistent with equity to the employer, indicate to be the best suited to serve the reciprocal rights and duties of the parties under the CBA

EXCLUSIVE BARGAINING REPRESENTATIVE- labor organization designated or selected by the majority of the

employees in an appropriate bargaining unit- despite having an EBR, an individual employee or group of

employees shall have the right at anytime to present grievances to their employers

Participation of Workers in Policy and Decision Making- workers shall have the right subject to such rules and regulations as

the Secretary of Labor and Employment may promulgate, to participate in policy & decision making processes of the establishment where they are employed insofar as said processes will directly affect their rights, benefits, and welfare

- pursuant to this, Labor-Management Councils may be formed

SECURITY OF TENURE~ applies to all establishment or undertakings whether for profit or not

CLASSES OF EMPLOYEES1. REGULAR

~ engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer

2. PROJECT~ one whose employment has been fixed for a specific project or undertaking the completion of which has been determined at the time of engagement of the employee (SO EVEN IF MORE THAN I YR., NOT NECESSARILY REGULAR)*becomes regular if:

a. Job is usually necessary or desirable in the usual business or trade AND

b. Repeated rehiring

3. SEASONAL~ one whose work or services to be performed is seasonal in nature and the employment is for the duration of the season

4. CASUAL~ activity performed is not usually necessary or desirable in the usual business or trade of the employer, not project and not seasonalExcept: if he has rendered at least 1 year of service, whether such service is continuous or broken = considered a REGULAR employee with respect to the activity in which he is employed and his employment shall continue while such activity exists

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5. PROBATIONARY~ General Rule: Not Exceed 6 mos. Except:

1. covered by an apprenticeship agreement stipulating a longer period 2. voluntary agreement of parties (especially when the nature of the

work requires a longer period)3. the employer gives the employee a second chance to pass the

standards set~ may be terminated a) just cause

b) when he fails to qualify as a regular employee in accordance with reasonable standards made

known by the employer to employee at the timeof his engagement

~ if allowed to work after the probationary period, he shall be considered a REGULAR employee

6. FIXED TERM ~ allowed if:

- period is agreed upon knowingly and voluntarily by the parties without force, duress, or improper pressure exerted on the employee

- satisfactorily appears that employer and employee dealt with each other on more or less equal terms with no moral dominance exercised by the employer on the employee

- term employment is not resorted to defeat the rights of the workers’ rights

** EFFECTS OF REMOVAL WITHOUT CAUSE :1. entitled to reinstatement2. without loss of seniority and other privileges3. entitled to full backwages, inclusive of allowances and other benefits

or their monetary equivalent

TERMINATION

JUST CAUSE

a. GROUNDS1. Serious misconduct or willful disobedience by the employee of the

lawful orders of his employer or representative in connection with his work (work-related)

2. Gross and habitual neglect by the employee of his duties3. Fraud or willful breach by employee of the trust reposed in him by his

employer or duly authorized representative (not mere suspicion)4. Commission of a crime or offense by the employee against the person

of his employer or any immediate member of his family or duly authorized representative

5. Other causes analogous to the foregoing

b. ABANDONMENT~ means the deliberate, unjustified refusal of an employee to resume his/her employment. ~ Two elements must be proved:- the intention to abandon; and - an overt act from which it may be inferred that the employee has no

more intent to resume his/her work.~ this is negated by immediate filing of an action for ILLEGAL DISMISSAL

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c. DUE PROCESS1. written notice containing a statement of the causes for termination2. a hearing or conference where the employee, who may be assisted by

counsel if he so desires, is given the opportunity to respond to the charge, present his own evidence, or rebut evidence against him

3. written notice of termination served on the employee indicating that grounds have been established to justify his termination based on due consideration of all the circumstances

4. right to contest the validity or legality of his dismissal by filing a complaint with the NLRC

5. burden of proof is with the employer6. SUSPENSION OF EFFECTS PENDING RESOLUTION = if there is a

prima facie finding that the termination may cause a serious labor dispute or is in implementation of mass layoff, the Secretary of Labor may suspend the effects of the termination

RESIGNATION

a. WITHOUT JUST CAUSE1. at least 1 month prior notice2. employee may be held liable for damages for failure to give notice

b. WITH JUST CAUSE1. Grounds

a. serious insult on the honor and person of employee by the employer or his representative

b. inhumane and unbearable treatment accorded to the employeec. commission of a crime against person of the employee or any of

the immediate members of his familyd. other causes analogous to the foregoing

2. Notice Not Necessary

EMPLOYMENT NOT DEEMED TERMINATED

a. bona fide suspension of the operation of a business/undertaking for a period of not more than 6 months

b. fulfillment by the employee of a military or civic duty~ Effects : Employer shall reinstate the employee to his former position without loss of seniority rights IF employee indicates his desire to resume his work not later than 1 month from resumption of operations of his employer or his relief from the military or civic duty

PREVENTIVE SUSPENSION~ justified where the employee’s continued employment poses a serious and imminent threat to the life or property of the employer or of his co-workers~ must not exceed 1 month~ only for the purpose of investigating the offense to determine whether he is to be dismissed or not~ if more than 1 month, the employee must be actually reinstated or reinstated in the payroll~ officers liable only if with malice and bad faith

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AUTHORIZED CAUSES

a. GROUNDS1. introduction to labor-saving devices

~ view to effecting more economy and efficiency in its method of production

2. redundancy ~ exists where the services of an employee are in excess of what is reasonably demanded by the actual requirements of the enterprise~ a position has become superfluous as an outcome of a number of factors such as overhiring of workers, decreased volume of business, dropping of a particular product line or service activity previously manufactured or undertaken by the enterprise (THUS IT ONLY REQUIRES SUPERFLUITY NOT DUPLICATION OF WORK)

3. retrenchment~ resorted primarily to avoid or minimize business losses~ criteria of who to lay off (1) less preferred status

(2) efficiency rating(3) seniority(4) performance

~ standards of retrenchmenta. losses expected should be substantial and not merely de

minimis in extentb. substantial loss apprehended must be reasonably imminentc. retrenchment must be reasonable necessary and likely to

effectively prevent the expected lossesd. alleged losses, if already realized, and the expected imminent

losses sought to be forestalled, must be proven by sufficient and convincing evidence

4. closure of business as a result of grave financial loss5. closure not due to losses

b. NOTICE AND SEPARATION PAY- written notice served on the worker and the DOLE at least 1

month before the intended date thereof- Separation Pay:

1 month pay or 1 month pay for every year of service

whichever is higher

1 month pay or at least 1/2 month pay for every year of service

whichever is higher- installation of labor-

saving devices- redundancy

- retrenchment to prevent losses

- closures or cessation of operations of establishments or undertaking NOT due to serious business losses or financial reverses

- disease

** A fraction of at least 6 moths shall be considered as one year.

c. Backwages- granted on grounds of equity for earnings which a worker has lost due to his illegal dismissal.

- full backwages are to be awarded to an illegally dismissed employee and should not be diminished or reduced by earnings derived elsewhere

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d. Ailment or disease (other authorized causes: non-economic ground)~ when his continued employment is prohibited by law or prejudicial to his health or to the health of his co-employees~ there is a certification by a competent public health authority that the disease is of such nature or at such stage that it cannot be cured within a period of 6 months even with proper medical treatment~ SEPARATION PAY : equivalent to at least 1 month salary or 1/2 month salary for every year of service, whichever is higher

RETIREMENT PAY LAW (RA 7641)A. WHO ARE EXEMPTED:

~ retail, service, agricultural establishments~ operations employing not more than 10 employees or workers

B. KINDS:1. OPTIONAL - 60 years old / 5 years in service (includes authorized

absences/vacations/regular holidays/mandatory military or civic service)

2. COMPULSORY - 65 years old/ regardless or years of service (company not bound to dismiss employee)

C. BENEFITS:- 1/2 month salary per year of service which shall include:

1. 15-day basic wage, plus2. 1/12 of the 13th month pay, plus3. 5-day Service incentive leave pay plus

* a fraction of at least 6 mos. considered as one whole year4. other benefits as maybe agreed upon by er and ee

** MINIMUM ~ no. 1 + no. 2 + no. 3 = n x years of service~ minimum only so employer must pay deficiency in case agreed amount be less than the above

DISPUTE SETTLEMENT

A. Labor Dispute~ includes any controversy or matter concerning terms or 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

B. Labor Arbiters/NLRC1. JURISDICTION = Labor Arbiter NLRC CA

~ Cases involving all workers, whether agricultural or non agricultural:a. ULP cases (may include claims for actual, moral, exemplary and other

forms of damages, attorney's fees, other affirmative relief)b. termination disputesc. if accompanied with a claim for reinstatement , those cases that

workers may file involving wages, rates of pay, hours of work, and other terms and conditions of employment

d. claims for actual, moral, exemplary and other forms of damages, arising from the employer-employee relationship

e. cases arising from any violation of Art.264 of the Labor Code, including questions involving the legality of strikes and lockouts

f. Except claims for EC, SSS, Medicare and maternity benefits, all other claims arising from employer-employee relations, including those of persons on domestic or household service, including an amount

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ATENEO CENTRAL BAR OPERATIONS 2001exceeding P5,000 regardless of whether accompanied with a claim for reinstatement

2. JURISDICTION = NLRC~ EXCLUSIVE appellate jurisdiction over all cases decided by Labor Arbiters

3. GRIEVANCE MACHINERY & VOLUNTARY ARBITRATION~ cases arising from the interpretation of the CBA and those arising from the interpretation or enforcement of company personnel policies* monetary claim based on a CBA provision is under the exclusive jurisdiction of the grievance machinery & VA

4. OCULAR INSPECTION = Labor Arbiter & NLRC~ at any time during working hours

5. PROCEDURE~ the rules of evidence prevailing in courts of law or equity shall not be controlling ~ it is the spirit and intention of this Code which shall be used as reasonable means to ascertain the facts in each case~ without regard to technicalities of law and procedure all in the interest of due process~ parties may be represented by legal counsel but it shall be the duty of the Chairman, any presiding Commissioner or commissioner or any labor arbiter to exercise compete control of the proceedings at all stages

6. APPEARANCES AND FEESA. When non-lawyers appear before the NLRC/LA

1. if they represent themselves2. if they represent their organizations or members thereof

B. Attorney's Fees, negotiations fees or similar charges of any kind arising from any collective bargaining negotiations or conclusion of the collective agreement shall be imposed on any individual member of the contracting union

~ attorney's fees may be charged against union funds in an amount to be agreed upon by the parties~ contract, agreement to the contrary shall be VOID

7. APPEAL~ WHEN: within 10 calendar days from receipt of decision of LA~ GROUNDS:

a. prima facie evidence of abuse of discretion on the part of LAb. the decision, order or award was secured through fraud or coercion

including graft and corruptionc. pure questions of lawd. raised serious errors in the findings of facts which could cause grave

or irreparable damage or injury to the appellant ~ ADDITIONAL REQUIREMENT: in case of judgment involving a monetary award-employer (appellant) may perfect the appeal only upon the posting of a cash or surety bond issued by a reputable bonding company duly accredited by the NLRC in the amount equivalent to the monetary award in the judgment appealed from 8. ORDER OF REINSTATEMENT OF LABOR ARBITER

~ self-executing with no need for a writ of execution~ immediately executory even pending appeal~ either admitted back to work under the same terms and conditions prevailing prior to his dismissal or separation or merely reinstated in the payroll ( at the option of the employer, but which choice must be communicated to the employee by the employer)~ posting of a bond shall not stay the execution of reinstatement

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9. FILING OF MEMORANDUM OF:A. APPEAL ~ furnish other party within 10 calendar days answer, then

within 20 calendar days decision by NLRC, then within 10 calendar days finality

B. ENFORCEMENT:~ any law enforcement agency may be deputized by the Secretary of DOLE of the NLRC~ issuance of writ of execution on a judgment within 5 years from date it becomes final and executory motu proprio or in motion of any interested party

C. Bureau Of Labor Relationso original jurisdiction: appeal to Office of the Secretaryo appellate jurisdiction: appeal to Court of Appeals

1. JURISDICTIONa. Inter-union conflictsb. Intra-union conflictsc. All disputes, grievances or problems arising from or affecting labor-

management relations in all workplaces EXCEPT those arising from the implementation or interpretation of the CBA which shall be the subject of grievance procedure and/or voluntary arbitration

2. COMPROMISE AGREEMENTS~ if voluntarily agreed upon by the parties with the assistance of the BLR or the regional office of DOLE final and binding upon the parties~ the only time NLRC or any courts can assume jurisdiction over issues involved therein:

a. in case of non-compliance thereofb. if there is prima facie evidence that the settlement was

obtained through fraud, misrepresentation or coercion

3. POWER TO ISSUE SUBPOENA~ when relevant to a labor dispute under its jurisdiction either at the request of any interested party or at its own initiative

4. REGISTRY OF UNIONS AND FILING OF COLLECTIVE AGREEMENTSa. registry of LLOb. file of all CBA and other related agreements, records of settlement of

labor disputes, copies of orders, and decisions of voluntary arbitrators~ open and accessible to interested parties under conditions prescribed by the Secretary of DOLE, provided that no specific information submitted in confidence shall be disclosed UNLESS authorized by the Secretary OR when it is at issue in any judicial litigation OR when public interest or national security so requires ~ submitted within 30 calendar days from execution of CBA to the BLR/DOLE for registration accompanied with verified proofs of its posting in 2 conspicuous places in the place of work and ratification by the majority of all the workers in the bargaining unit

5. PRIVILEGED COMMUNICATION~ information and statements made at conciliation meetings shall NOT be used as evidence in the NLRC~ conciliators and similar officials shall not testify in any court or body regarding any matters taken up at conciliation proceeding conducted by them

6. APPEAL~ within 10 calendar days to the Secretary

~ GROUNDS: a. grave abuse of discretionb. gross incompetence

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SUMMARY OF JURISDICTION

A. VOLUNTARY ARBITRATORS~ supervised by National Conciliation and Mediation Board (NCMB)~ cases decided within 20 calendar days, final within 10 calendar days

1. unresolved grievances arising from the interpretation or implementation of the CBA EXCEPT gross violation of the CBA

~ unresolved within 7 cal days from submission to grievance machinery2. unresolved grievances arising from the interpretation or enforcement of

company personnel policies3. upon agreement of parties = any dispute

B. MED-ARBITERS/BLR1. petition for certification election (Regional Director)2. registration of CBA/ Labor Organization3. inter-union conflicts (representation issue/cancellation of registration)4. intra-union conflicts (election of officers/ compliance with CBL)5. all disputes, grievances, or problems arising from or affecting labor

management relations in all workplaces whether agricultural or non-agricultural EXCEPT those arising from the implementation or interpretation of CBA

C. POEA~ appeal to Secretary of DOLE within 10 calendar days

1. cancellation/ revocation/ supervision of license or authority~ appeal to NLRC within 10 calendar days

2. violation of overseas employment contracts3. disciplinary cases filed against overseas contract workers

~ original and exclusive jurisdiction over all claims arising out of an employer-employee relationship or by virtue of any law or contract involving Filipino overseas workers including disciplinary cases; and all pre-employment cases which are administrative in character involving or arising therefrom, or violations of the conditions for issuance of license or authority to recruit workers

D. LABOR ARBITERS/NLRC~ appeal within 10 calendar days

1. ULP (priority resolved within 30 calendar days from submission for decision)

2. termination disputes3. claims for wages, rates of pay, hours of work and other terms and conditions

of employment

4. claims for actual, moral, exemplary and other forms of damages arising from employer-employee relationship

5. cases arising from prohibited activities during strikes, including questions involving the legality of strikes and lockouts

6. all other claims arising from employer-employee relationship involving an amount exceeding P5000 regardless of whether accompanied by a claim for reinstatement except ECC, SSS, Medicare, & maternity benefits

E. REGIONAL DIRECTORS1. Secretary of DOLE enforcement power (inspection) = no limit to claims2. adjudicatory power maximum of P5000 total claim/employee

~ summary appeal to NLRC within 5 calendar days3. violation of the CBL and right and conditions of membership

ATTORNEY'S FEES- Proceeding for recovery of wages

~ may be assessed against monetary benefits awarded (10%)- CBA negotiations

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ATENEO CENTRAL BAR OPERATIONS 2001~ charged against union funds in an amount to be agreed upon by parties

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PRESCRIPTIVE PERIODS ULP 1 yearMONEY CLAIMS 3 yearsOFFENSES UNDER Labor Code 3 yearsILLEGAL DISMISSAL 4 years

PETITION FOR CERTIFICATION ELECTIONA. ORGANIZED ESTABLISHMENT (w/ CBA)

What: verified petition for questioning the majority status of the incumbent

bargaining agentWhen filed: w/ CBA : within the 60 day period before the expiration of the CBA

W/o CBA: anytime except certification year rule OR deadlock-bar ruleWith whom: DOLE (Regional Office)

Requisite: written consent of at least 25% of all employees in the bargaining unit~ under the law, 25% is not a requisite, but makes conduct of a CE mandatory if submitted~ under the rules, 25% is a requisite, absence of such is a ground for dismissal of the petition.

B. UNORGANIZED ESTABLISHMENT (no CBA)1) petition by a legitimate labor organization (no 25% requirement)2) employer when requested to bargain collectively

Certification election Requirement for valid election -- majority of all eligible voters cast their votes Union to be certified -- labor union receiving majority of the valid votes cast

Procedure:Petition with decided w/in 20 file appeal w/ Reg’l Ofc but 15 days to decide; Deci- Med-Arbiter working days it is Secretary who decides sion final & unappealable

Petition where no CBA : anytimeExcept - within 1 yr. From date of issuance of a final certification election result

- after bargaining deadlock has been submitted (to which an incumbent bargaining agent is a party) to conciliation/arbitration or became subject of valid notice to strike or lockout

Run-off election (within 5 calendar days from close of election)

3 or more choiceso results of election - no choice received majority of valid votes casto total # of votes for all contending unions at least 50% of total votes

castTHUS: conducted between labor unions receiving the 2 highest number of votesPresumption: valid election, i.e. majority of eligible voters voted

Conduct Of Certification Electionnotice of at least 5 working days before actual date (2 most conspicuous place)

election proper- any party in interest may protest to be recorded in the minutes, otherwise, it is deemed

waived(Protests must be formalized with Med-Arbiter within 5 days from close of election

proceedings)

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ATENEO CENTRAL BAR OPERATIONS 2001If no protest, election officer proclaims and

certifies resultsWhen a protest is perfected or any

challenge or eligibility issue raised, only the Med-Arbiter can proclaim and certify the winner within 20 working days from filing

Contents of Notice :1 date of election2 names of contending parties3 description of bargaining unit4 list of eligible voters

all employees in bargaining unit can vote CHALLENGE: before employees cast vote Abstention not valid vote

Four (4) Bars to holding a Certification Election:

1) certification year -- w/in 1 yr. from issuance of a final certification election resultException: unusual circumstances exist as when a change in the structure of the membership of the contracting union occurs in such a way that a reasonable doubt arises as to whether it remains the labor union which the employees desired to represent them in the first place with an accompanying change in the officials, constitution, by-laws, and bargaining authority of the contracting union.

2) dead-lock bar rule -- during the existence of a bargaining deadlock to which an incumbent or certified bargaining agent is a party and which had been submitted to conciliation or arbitration or had become the subject of a valid notice of strike or lock-out

3) contract-bar rule -- during the existence of CBAException: within the freedom period

*CBA need not be certified, need only to be registered under Art. 231*Applies as well after the lapse of the 60 day freedom period when old CBA is extended until a new one is signed

4) negotiations bar -- when the duly recognized or certified union has commenced negotiations with the employer in accordance with Article 250 of the Labor Code within the one-year period of a certification year

Bargaining Representative -- LLO or any duly authorized officer or agent of such organization whether or not employed by the employer

Certification Election -- process of determining, through secret ballot, the sole and exclusive bargaining unit for purposes of collective bargaining

Consent Election -- election voluntarily agreed upon by the parties to determine issue of majority representation of all workers in the appropriate collective bargaining unit

- where a petition for CE had been filed and, upon the intercession of the Med-Arbiter, the parties agree to hold a consent election, the results thereof shall constitute a bar to the holding of a CE for one year from the holding of such consent election

- where no PCE had been filed but the parties have agreed to hold a consent election, the results thereof shall not constitute a bar to another CE, unless the winning union had been voluntary recognized.

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ATENEO CENTRAL BAR OPERATIONS 2001Run-off Election -- election between the labor unions receiving the 2 highest number of votes when a certification election which provides for 3 or more choices results in no choice receiving majority of valid votes cast, where the total number of votes for all contending unions is at least 50% of the number of votes cast

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Organized Establishment -- a firm or company where there is a recognized or certified exclusive bargaining agent

Representation Officer -- person duly authorized to conduct and supervise certification Elections

PETITION FOR CERTIFICATION ELECTION :Who files:

a) legitimate labor unionsb) employer - when requested to bargain collectively

When fileda) absence of CBA duly-registered -- any time

Except: certification year-rule (not w/in 1 year from issuance of final C.E. result) deadlock bar rule (submitted to conciliation/arbitration OR had become the subject of a valid notice of strike/lockout

b) with a CBA duly-registered -- during the freedom period

25% support

BARGAINING NEGOTIATIONSRequest to Bargain by union => Counter-Proposal w/in 10 calendar days or reasonable period of time

REGISTRATION OF CBA WITH BIR REGIONAL OFFICE-- 5 copies within 30 calendar days from execution with verified proof of :

a. posting in 2 conspicuous placesb. ratification by majority of all workers

Regional office -- 2 copies; NCMB -- 1 copy; BLR -- 2 copies-- registration fee of P1000.00 --- employer's cost-- certificate of registration within 5 cd from receipt of agreement

Voluntary Arbitration :- involves interpretation/construction of : CBA

Company Personnel Policies

any person accredited by the NCMB as such or any person named or designated in the CBA by the parties to act as their voluntary arbitrator

one chosen with or without the assistance of the NCMB pursuant to a selection procedure agreed upon in the CBA or any official that may be authorized by the Secretary of Labor and Employment t act as voluntary arbitrator upon the written request and agreement of the parties to a labor dispute.

Powers: holds hearings receive audience take whatever action is necessary to resolve the issue subject of the dispute

Procedure: all parties entitled to attend proceedings adjournment for cause or upon agreement of the parties

decision within 20 calendar days from submission final/executory after 10 calendar days from receipt

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Cost: proportionate sharing scheme in the CBA fixing of fee (factors to be considered)

a. nature of the caseb. time consumed in hearing the casec. professional standing of the voluntary arbitratord. capacity to pay of the partiese. fees provided for in the Rules of Court

shared equally by parties unless agreed otherwise

Special Voluntary Arbitration Fund administered by the NCMB amount of subsidy in appropriate cases shall e determined by the NCMB upon

recommendation of the Council

Labor-Management Committee no LLO exists formed voluntarily by workers and employees for the purpose of promoting industrial

peace

Labor-Management Council organized establishment enable workers to participate in policy and decision making process in the

establishment insofar as said processes will directly affect their rights, benefit and welfare except those which are covered by CBA's or are traditionally areas of bargaining

RA 6971 -- Productivity Incentives Act of 1990

Labor-Management Committee- both management and labor shall have equal voting rights- representations of labor

organized -- designated by the Collective bargaining agents in the bargaining unit unorganized -- elected by at least a majority of all rank and file employees who have

rendered at least 6 months of continuous service

Productivity Incentives Program- contains provisions for the manner of sharing and the factors in determining productivity

bonuses- productivity granted ,1/2 (percentage increase in the productivity of the business enterprise)- granted salary bonuses = increases in current productivity over the average for the

preceding 3 consecutive years- entitles employer to special deduction from gross income equivalent of 50% of the total

allowable ordinary and necessary business deductions for said bonuses under the NIRC

Strike : any temporary stoppage of work by concerted action of employees as a result of an industrial labor dispute

: not a strike: mass resignation

Lockout : temporary refusal of an employer to furnish work as a result of an industrial or labor dispute

Internal Union Dispute - 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 member ship provided for in this Code

Strike Breaker -- any person who obstructs, impedes, or interferes with by force, violence, coercion, threats, or intimidation, any peaceful picketing by employees during any labor controversy affecting wages, hours, and conditions of work or in the exercise of the right of self-organization or collective bargaining

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Strike Area : -- establishment, warehouses, depots, plants or offices, including the sites or premises used as run-away shops of the employer struck against as well as the immediate vicinity actually used by picketing strikers in moving to and fro before all points of entrance to and exit from said establishment

Valid Purpose for Concerted Activities collective bargaining mutual benefit and protection

Grounds for strikes and lockouts : Deadlock [after reasonable efforts] ULP [good faith of the strikers as to the existence of ULP is sufficient, depending on

circumstances]* violations of CBA that are not flagrant and/or malicious refusal to comply with its economic provisions are not ULP; not strikeable

Personality : LLO or recognized bargaining agent in case of economic strike

1. NOTICE OF STRIKE :Bargaining deadlocks ----------ULP ----------

Cooling off period30 days15 days Dispensed with if duly elected officer of union is

dismissed such as to constitute union busting Duty of DOLE to exert all efforts at mediation and

conciliation to effect a voluntary settlement 30 day/15 day cooling off period mandatory

except : cases of union-busting 7-day strike ban mandatory

2. STRIKE VOTE: decision must be approved by a majority of the total union membership in the bargaining unit concerned obtained by secret ballots in meetings or referenda called for that purpose (or of the BoD of the corp. case of a lockout)

3. REPORT OF STRIKE VOTE RESULTS: DOLE must be furnished with the results of the voting at least 7 days before the intended strike or lockout subject to the cooling off period (7 day strike ban) DOLE informed of meeting 24

hours before

Peaceful Means : Violence not pervasive and widespread Ingress and egress rule Assumption of Jurisdiction by Secretary of Labor (resolved within 30 calendar days)

1. Discretionary~ In his opinion there exists a labor dispute causing or likely to cause a strike or lockout in an industry indispensable to the national interest may certify the same to the commission for compulsory arbitrationEffect: automatically enjoins the intended on impending strike or lockout but if one has already taken place, all striking or locked out employees shall immediately return to work and the employer shall immediately resume operations and re-admit all workers under the same terms and conditions prevailing before the strike or lock-out

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ATENEO CENTRAL BAR OPERATIONS 20012. Mandatory: (within 24 hours)

~ In labor disputes adversely affecting the continued operation of hospitals, clinics, or medical institutions Duty of striking union or locking out employer to provide and maintain an effective

skeletal workforce of medical and other health personnel, where movement and service shall be unhampered and unrestricted as are necessary to insure the proper and adequate protection of the life and health of its patients most especially emergency cases for the duration of the strike or lock-out

*President of the PI : may determine the industries, which are in his opinion indispensable to national interest. He may intervene at any time and assume jurisdiction over any such labor dispute in order to settler or terminate the same

*Decision of the President, Secretary of labor, NLRC => final and executory after receipt thereof by the parties

PROHIBITED ACTIVITIES:1) strike or lock-out without first having bargained collectively2) strike or lock-out without the necessary notice being filed with the DOLE3) strike or lock-out without the necessary vote first having been obtained and reported to

the DOLE4) strike or lock-out after DOLE has assumed jurisdiction or the President or after

certification or submission of dispute to the compulsory arbitration/voluntary arbitration or during the pendency of cases involving the same grounds for the strike or lockout

5) knowingly participating in illegal strike/knowingly participates in the commission of illegal acts during a strike ground for termination of employment

6) obstruct, impede, or interfere with by force, violence, coercion, threats, or intimidation any peaceful picketing by employees during any labor contriversy or shall abeit or aid such obstruction or interference

7) employment or use of any strikebreaker/ employed as a strike breaker8) bringing in, introducing, or escorting by any public officer or employee, including officers

and personnel of the AFP or PNP, or any armed person in any manner of any individual who seeks to replace strikers in entering or leaving the premises of a strike area or work in place of strikers

9) commit any act of violence, coercion or intimidaion while engaged in picketing or obstruct the ingress or egress from the employer's premises for lawful purposes or obstruct public thoroughfares

(must be pervasive and widespread/consistently and deliberately resorted to as a matter of policy)

**See Sec. 7 (g) of D.O. 9 regarding prohibition on contracting out a job, work or service directly related to the business or operation of the principal by reason of a strike or lockout whether actual or imminent.

Improved Offer Balloting~ Referendum by the DOLE on the improved offer of the employer or on the reduced offer of the union (on or before the 30th day of the strike or lock-out) where at least a majority of the union members/BOD, trustees, or the partners holding the

controlling interest vote and accept the improved/reduced offer, the workers shall immediately return to work and the employer shall thereupon readmit them upon the signing of the agreement

Requirement for Arrest, Detention of Union Members/Organizers for union ActivitiesGeneral Rule : previous consultations with the Secretary of LaborException : grounds of national security and public peace

: in case of commission of a crime

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ATENEO CENTRAL BAR OPERATIONS 2001GUIDELINES FOR THE CONDUCT OF THE INP/AFP PERSONNEL DURING

STRIKES/LOCKOUT AND LABOT DISPUTES IN GENERAL

Involvement limited to the :a) maintenance of peace and orderb) enforcement of laws and legal order of duly constituted authoritiesc) performance of special functions as maybe provided by law

1) elements of the Police Force should first be called upon to render assistance2) when it is unavailable or inadequate, CAPCOM or METRODISCOM may call upon the

Constabulary to render assistance3) personnel from the army, Navy, or Air Force only when directed by the President or

personally by the Secretary of National Defense upon consultation with the Secretary of Labor and Employment or when requested by the latter.

*Personnel related by affinity or consanguinity within the 4 th civil degree to any official/leader of the parties in the controversy or has any financial or pecuniary interest therein - not allowed to render services in connection with a strike or lock-out

PEACE-KEEPING DETAIL personnel detailed shall be in uniform, with proper namecloth at all times, personnel

shall observe strict neutrality in his dealings with both parties to the controversy stationed such that their presence may deter the commission of criminal acts from

either side maintain themselves outside a 50 meter radius from the picket line except if the 50

meter radius includes a public thoroughfare, they may station themselves in such public thoroughfares for the purpose of insuring the free flow of traffic

ARRESTS/SEARCHES AND SEIZURES effected only on the basis of an existing and valid warrant any person who obstructs the free and lawful ingress to and egress from the

employer's premises or who obstructs public thoroughfares may be arrested and accordingly charged in court

as well as any person who shall have in his possession deadly weapons in violation of BP Blg. 06 such as knives, bolos, blunt or pointed instruments and firearms or explosives in violation of PD 1896

Service of DOLE, Court or Lawful Orders/Writs primary concern of the DOLE representatives, sheriff, representative of the govt.

agency issuing the order respectively role of the AFP/INP is only supportive

Administrative Jurisdiction determination of whether a strike, picket or lock-out is legal or not should be left to

DOLE personal escort only upon direction of competent authority other party shall be informed accordingly all escorts shall be in uniform at all times

Socializing/Liaison discouraged from socializing with any of the parties involved during the pendency shall not, under any pretext, accept an invitation from either of the parties liaison established and maintained with representatives of DOLE, mgmt., and union

for the purpose of maintaining peace and order as well as to maintain a continuing peaceful dialogue

Administrative Action all complaints/reports leveled against any personnel of the INP/AFP on the occasion of

strike/lock-out shall be acted with dispatch whenever applicable, and if the evidence so warrants, appropriate disciplinary action

shall be takes against the erring personnel

Labor Memory Aid

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