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Managerial employee - vested with powers or the 60-day period and/or until a new agreement

prerogatives to lay down and execute management is reached by the parties.


policies and/or to hire, transfer, suspend, lay-off, recall, - No notice during 60 days – automatic renewal
discharge, assign or disciple employees. valid for 5 years

Supervisory employees - those who in the interest of The automatic renewal clause of Collective
the employer, effectively recommend such managerial Bargaining Agreements means that although a CBA has
actions if the exercise of such authority is not merely expired, it continues to have legal effects as between
routinary or clerical in nature but requires the use of the parties until a new CBA has been entered into. This
independent judgment is so because the law makes it a duty of the parties to
keep the status quo and to continue in full effect the
Labor Organization - any union or association of terms and conditions of the existing agreement until a
employees in the private sector which exists in whole or new agreement is reached by the parties
in part for the purpose of collective bargaining or for
dealingwith employers concerning terms and conditions Pending renewal of the CBA, the parties are bound to
of employment. keep the status quo and to treat the terms and
conditions embodied therein still in full force and effect,
Collective bargaining - democratic framework to until a new agreement is reached by the union and
stabilize the relation between labor and management to management.
create a climate of sound and stable industrial peace
Impasse - reasonable effort at good-faith bargaining
Collective Bargaining Agreement (CBA) which, despite noble intentions, does not conclude in an
- contract executed upon request of either the agreement between the parties
employer or the exclusive bargaining - exists when good faith bargaining on the part of
representative of the employees incorporating the parties has failed to resolve the issue and
the agreement reached after negotiations with there are no definite plans for further efforts to
respect to wages, hours of work and all other break deadlock.
terms and conditions of employment, including
proposals for adjusting any grievances or Deadlock - signals rather the need to continue the
questions under such agreement bargaining with the assistance of a third party as
conciliator or arbitrator whose first aim is to get the
Exclusive Bargaining Representative - any legitimate parties back to the negotiating table and help them craft
labor organization duly recognized or certified as the a win-win solution.
sole and exclusive voluntary of all the employees in a
bargaining unit." The bargaining representative of the Surface Bargaining - sophisticated pretense in the
employees is an entity - the union - and not the officers form of apparent bargaining, does not satisfy the
of the union. The entity remains though the officers are statutory duty to bargain, not negotiating on the
changed. mandatory subjects
- - going through the motions of negotiating”
The collective bargaining should begin within the 12 without any legal intent to reach an agreement.
months following the determination and certification of The determination of whether a party has
the employees' exclusive bargaining representative. engaged in unlawful surface bargaining is a
This period is known as the "certification year." question of the intent of the party in question,
which can only be inferred from the totality of
The duty to bargain collectively means the the challenged party’s conduct both at and
performance of a mutual obligation to meet and away from the bargaining table. It involves the
convene promptly and expeditiously in good faith for the question of whether an employer’s conduct
purpose of negotiating an agreement with respect to demonstrates an unwillingness to bargain in
wages, hours of work and all other terms and conditions good faith or is merely hard bargaining
of employment including proposals for adjusting any
grievances or questions arising under such agreement Blue-Sky Bargaining - “unrealistic and unreasonable
and executing a contract incorporating such demands in negotiations by either or both labor and
agreements if requested by either party but such duty management, where neither concedes anything and
does not compel any party to agree to a proposal or to demands the impossible”
make any concession. (without the mandatory subjects, CBA is invalid
and not bargaining in good faith) Boulwarism – take-it-or-leave-it bargaining
- When there is a collective bargaining
agreement, the duty to bargain collectively shall Horse Trading Approach – each side eventually
also mean that neither party shall terminate nor compromising initial unreasonable positions, it
modify such agreement during its lifetime(5 years). advertised its initial proposals as fair and firm
- either party can serve a written notice to
terminate or modify the agreement at least sixty Principle of hold over - in the absence of a new CBA,
(60) days prior to its expiration date. It shall be the parties must maintain the status quo and must
the duty of both parties to keep the status quo continue in full force and effect the terms and conditions
and to continue in full force and effect the terms of the existing agreement until a new agreement is
and conditions of the existing agreement during reached
representation of all the workers in the appropriate
Collective Bargaining Unit - group of employees collective bargaining unit.
sharing mutual interests within a given employer unit,
comprised of all or less than all of the entire body of Union Election - object is to elect officers of the union
employees in the employer unit or any specific Election Bar - The 12-month Bar - filing of a petition
occupational or geographical grouping within such within one (1) year from the date of recording of the
employer unit. voluntary recognition, or within the same period from a
valid certification, consent or run-off election where no
Globe Doctrine - The desires of the employees are appeal on the results of the certification, consent or run-
relevant to the determination of the appropriate off election is pending.
bargaining unit. The relevancy of the wishes of the - Existing CBA - filing the petition before or after
employees concerning their inclusion or exclusion from the freedom period of a duly registered
a proposed bargaining unit is inherent in the basic right collective bargaining agreement; provided that
to self-organization. While the desires of employees the sixty-day period based on the original
with respect to their inclusion in bargaining unit is not collective bargaining agreement shall not be
controlling, it is a factor which would be taken into affected by any amendment, extension or
consideration in reaching a decision. renewal of the collective bargaining agreement.

Community of Interest Rule states that in choosing Contract Bar Rule


the appropriate bargaining unit, there must be a - The contract bar doctrine provides that once a
determination of the community of interests of contract is executed, the National Labor
employees. The test grouping is community or mutuality Relations Board (NLRB) generally does not
of interests, such as substantial similarity of works and permit a representation election in the unit
duties or of compensation and working conditions, covered by the contract until the contract
because the basic test of an asserted bargaining unit’s expires up to a 3 year limit. This rule applies to
acceptability is whether or not it is fundamentally the a petition by another union to represent the
combination which will best assure to all employees the employees, a petition filed by the employees to
exercise of their collective bargaining rights. decertify, or a petition filed by the employer. The
contract bar doctrine is followed in determining
There is voluntary recognition when in an whether or not an existing collective-bargaining
unorganized establishment with only one legitimate contract will bar an election.
labor organization, the employer voluntarily recognizes - refers to the existence of CBA. Whre there is an
the representation status of such as a union. Within 30 existing CBA which has been duly registered, a
days from such recognition, the employer and union petition for CE may be filed, as already
shall submit a notice of voluntary recognition with the explained, only within the “freedom”period”
Regional Office of the Department of Labor and which is the last 60 days of the fifth year of the
Employment which issued the recognized labor union’s CBA.
certificate of registration or certificate of creation of a
chartered local. Deadlock Bar - a petition for certification election can
only be entertained if there is no pending bargaining
SEBA Certification - process where a union requests deadlock submitted to conciliation or arbitration or had
the DOLE regional director to recognize and certify the become the subject of a valid notice of strike or lockout.
union as the sole and exclusive bargaining agent The principal purpose is to ensure stability in the
(SEBA) of the bargaining unit it purports to represent to relationship of the workers and the management.
negotiate a CBA with the employer
Negotiation Bar - duly recognized or certified union has
Certification Election - Process of determining through commenced negotiation with the employer within the
secret ballot the sole and exclusive representative of the one year period mentioned above, and the negotiation
employees in an appropriate bargaining unit, for is on-going
purposes of collective bargaining or negotiation.
- directly involve only two issues: (a) proper Artificial Deadlock — a deadlock prearranged or
composition and constituency of the bargaining preserved by collusion of the employer and the majority
unit; and (b) veracity of majority membership union — is deception of the workers, hence, not a
claims of the competing unions so as to identify barrier to a petition for a C.E.
the one union that will serve as the bargaining
representative of the entire bargaining unit But Freedom Period – time when unions are legally
some of the employees may not want to have a allowed to challenge openly and formally the statue of a
union; hence, "No Union" is one of the choices union as the exclusive bargaining representative. Also
("candidates") named in the ballot. If "No Union" during that time switching of allegiance among union
wins, the company or the bargaining unit members or among affiliates or chapters may be done
remains ununionized for at least 12 months, the without risking a charge of disloyalty under the union by-
period known as the 12-month bar. After that laws of the CBA’s union security clause
period, a petition for a CE may be filed again. - last 60 days of the CBA’s 5th year of th
representational aspect.
Consent Election - election voluntarily agreed upon by
the parties to determine the issue of majority
Notice Period – proper time to propose modifications the event, the new agent must respect the earlier
to the existing CBA contract.
- Modifying, renegotiating the CBA provisions
other than representational, also called Grievances - Any question by either the employer or
economic provisions the union regarding the interpretation or application of
the collective bargaining agreement or company
Run-off Election - election between the labor unions personnel policies or any claim by either party that the
receiving the 2 higher number of voters when a other party is violating any provision of the CBA or
certification election which provides for 3 or more company personnel policies
choices results in no choice receiving a majority of the
valid votes cast, where the total number of votes for all Yellow Dog Contract - A promise exacted from
contending unions is at least 50% of the number of workers or prospective employees that they will not
votes cast. belong to, or form, a union during their employment.
- Within ten (10) days from the close of the Unless the promise is given, the worker will not be hired,
election proceedings between the labor unions or if already hired will lose his job.
receiving the two highest number of votes;
provided, that the total number of votes for all Union-busting - To interfere with, restrain or coerce
contending unions is at least fifty (50%) percent employees in the exercise of their right to self-
of the number of votes cast. organization.
- "No Union" shall not be a choice in the run-off
election. Run-away shop - An industrial plant moved by its
- Notice of run-off elections shall be posted by the owners frgom one location to another to escape union
Election Officer at least five (5) days before the labor regulations, or state laws, but the term is also used
actual date of run-off election to describe a plant removed to anew location in order to
discriminate against employees at the old plant because
Certification year bar (One year bar rule) - No petition of their union activities.
for C. E. may be filed within one year from the date of a
valid certification, consent, or run-off election or from the Union Shop: Requirements of union shop are:
date of entry of a voluntary recognition of the union by 1. the labor union must be the employee’s
the employer. bargaining representative, pursuant to the
manner of designation or selection
Hold-over Rule - It is a rule which declares that in the 2. the union shop arrangement must be entered
absence of an express or implied constitutional or into by mutual agreement; and
statutory provisions prohibiting hold-over, an officer is 3. the conditions of the union shop arrangement
entitled to hold office until his successor is appointed must be expressed unequivocally in the labor
and qualified. This rule prevents disruption of public contract.
service in the meantime that a successor is not yet
appointed and qualified to assume the functions of the Featherbedding - Is the name given to employee
office. practices which create or spread employment by
unnecessarily maintaining or increasing the number of
Consent Election - voluntarily agreed upon by the employees used, or the amount of time consumed, to
parties, with or without the intervention of the work on a particular job.
Department
Bargaining in good faith - A fair criterion of good faith
Zipper Clause - stipulation in a CBA indicating that in collective bargaining requires that the parties involved
issues that could have been negotiated upon but not deal with each other with open and fair mind and
contained in the CBA cannot be raised for negotiation sincerely endeavor to overcome obstacles or difficulties
when the CBA is already in effect existing between them to the end that employment
relations may be established and obstruction to the free
Wiley Doctrine - The disappearance by merger of a flow of commerce prevented.
corporate employer which has entered into a collective
bargaining agreement with a union does not Boulwarism- making a proposal which is not subject to
automatically terminate all rights of the employees bargaining. In effect there was to be no bargaining and
covered by the agreement, even though the merger is the union was rendered ineffective or irrelevant. The
for genuine business reasons. company dealt with the union through the employees
rather than with the employees through the union.
Substitutionary" Doctrine – states that even during
the existence of a collective bargaining agreement Bystander Rule - In bystander rule in certification
executed between the employer and the employees election, the employer is regarded as nothing more than
through their agent, the employees can change the said a bystander with no right to interfere at all in the election,
agent but the contract continues to bind them up into its the same being the sole concern of the workers.
expiration date. According to the doctrine, the
employees cannot revoke the validly executed A company union is a union of employees dominated
collective bargaining contract with their employer by the or under the control of the employer of said employees.
simple expedient of changing their bargaining agent. In
A union shop - refers to a union security clause in a
collective bargaining agreement whereby the employer The community of interest rule is the standard used in
agrees to terminate the employment of an employee determining the constituency of an appropriate
who has not become a "member of the union which Is bargaining unit. This is particularly relevant in an
the exclusive collective bargaining representative of the establishment with more than one branch. The rule
employees in a bargaining unit within a certain period states that in determining the constituency of an
after the employment of said employee or has ceased appropriate bargaining unit, the mutuality or
to become a union member. community of interests is taken into consideration.
Employees sharing mutual interests belong to one
Lockout refers to the temporary refusal of an employer bargaining unit, whether they belong to the same
to furnish work as a result of a labor or Industrial dispute. branch of an establishment or to different branches.

Closed shop - refers to a union security clause in a


collective bargaining agreement whereby the employer "Run-Off" refers to an election between the labor unions
agrees not to employ any person who is not a member receiving the two (2) higher number of voters when a
of the exclusive collective bargaining representative of certification election which provides for three (3) or more
the employees in a bargaining unit. choices results in no choice receiving a majority of the
valid votes cast, where the total number of votes for all
Labor dispute includes any controversy or matter contending unions is at least fifty percent (50%) of the
concerning terms or conditions of employment or the number of votes cast.
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 relations of employer Under the "CONTRACT BAR RULE," a certification
and employee. election cannot be held if there is in force and in effect
a collective bargaining agreement that has been duly
Unfair labor practice means any unfair labor practice registered with the Department of Labor and
as expressly defined by the Labor Code. Essentially, an Employment except during the freedom period of such
unfair labor practice is any act committed by an CBA which is the 60-day period prior to the expiry date
employer or by a labor organization, its officers, agents of said CBA.
or representatives which has the effect of preventing the
full exercise by employees of their rights to self- Under the "DEADLOCK BAR RULE" a certification
organization and collective bargaining. election can not be held if a bargaining deadlock to
which an incumbent or certified bargaining agent is a
party had been submitted to conciliation or mediation or
What is Collective Bargaining? had become the subject of a valid notice of strike or
It is a process where the parties agree to fix and lockout.
administer terms and conditions of employment which
must not be below the minimum standards fixed by law, Doctrine: Unfair labor practice is committed when it is
and set a mechanism for resolving their grievances. shown that the respondent employer, after having been
served with a written bargaining proposal by the
petitioning Union, did not even bother to submit an
What is Collective Bargaining Agreement (CBA)? answer or reply to the said proposal.
It is a contract executed upon request of either the
employer or the exclusive bargaining representative of
the employees incorporating the agreement reached A union security clause is a provision in
after negotiations with respect to wages, hours of work a union contract requiring employees, as a condition
and all other terms and conditions of employment, of employment, to maintain union membership or
including proposals for adjusting any grievances or pay union dues or requiring an employer to check off
questions under such agreement. dues from employees' wages.

.What is the freedom period?


It refers to the last sixty days immediately preceding the
expiration of the five-year CBA. A petition for A runaway shop is defined as an industrial plant moved by its
certification election may be filed during the freedom owners from one location to another to escape union labor
period. regulations or state laws, but the term is also used to
describe a plant removed to a new location in order to
discriminate against employees at the old plant because of
An appropriate bargaining unit is defined as a group of
their union activities.[14] It is one wherein the employer
employees of a given employer, comprised of all or less than
moves its business to another location or it temporarily
all of the entire body of employees, which the collective
closes its business for anti-union purposes.[15] A runaway
interest of all the employees, consistent with equity to the
shop in this sense, is a relocation motivated by anti-
employer, indicate to be best suited to serve the reciprocal
union animus rather than for business reasons
rights and duties of the parties under the collective
bargaining provisions of the law
. STRIKE – means any temporary stoppage of work by
the concerted action of the employees as a result of an
industrial orlabor dispute.

Featherbedding – name given to 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.

1. to ask for or accept negotiations or attorney’s fees from


employers as part of the settlement

2. to violate the CBA