Labor Relations and Self-Organization

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Questions and Answers

What are the two broad notions encompassed by the right to self-organization and collective bargaining?

The two broad notions are the employee's right to decide on union membership and the ability to leave the union at any time.

Why is the right to union membership not considered absolute?

It is subject to regulation by the State, which can impose restrictions such as prohibiting membership for those involved in subversive activities.

What is meant by the 'freedom of choice' in the context of union membership?

Freedom of choice means that employees have the right to decide whether to join or leave a labor union at any time.

From what point in their employment do employees acquire the right to join a labor union?

Employees acquire the right to join a labor union starting from their first day of employment. Signup and view all the answers

Why do union members who are not employees lack the right to join a union?

They lack this right because there is no employer-employee relationship, which is essential for labor benefits and bargaining rights. Signup and view all the answers

What impact does the lack of an employer-employee relationship have on a union's legality?

It affects the legality of the union itself, making its members ineligible to vote in certification elections or petition for collective bargaining. Signup and view all the answers

What is the significance of a union security clause in a collective bargaining agreement (CBA)?

A union security clause can restrict an employee's ability to leave the union, limiting their freedom of choice. Signup and view all the answers

What is the primary purpose of a legitimate labor organization?

The primary purpose is for collective bargaining and for dealing with the employer regarding terms and conditions of employment. Signup and view all the answers

How does registration with the DOLE affect a labor organization's legitimacy?

Registration with the DOLE grants a labor organization legal personality, enabling it to claim representational and bargaining rights. Signup and view all the answers

Define a bargaining representative in the context of labor organizations.

A bargaining representative is a legitimate labor organization or an officer/agent of that organization, acting on behalf of employees. Signup and view all the answers

What distinguishes a company union from other labor organizations?

A company union is formed with assistance from acts deemed as unfair labor practices by the Labor Code. Signup and view all the answers

What are the two basic modes of creating a labor organization?

The two modes are independent registration and chartering of a local chapter. Signup and view all the answers

Does an unregistered labor organization have any rights?

Yes, an unregistered labor organization is lawful but lacks legal personality to demand collective bargaining. Signup and view all the answers

Explain why registration with the SEC does not grant the rights of a legitimate labor organization.

Registration with the SEC only provides juridical personality for court representation, not the bargaining rights under labor laws. Signup and view all the answers

What is the significance of mutual aid in legitimate labor organizations?

Mutual aid fosters cooperation and support among employees to protect their collective interests. Signup and view all the answers

What role does a labor organization's registration play in strikes and picketing?

Registration with the DOLE allows it to strike and picket under specific articles of the Labor Code. Signup and view all the answers

What determines the effectivity date of the first CBA?

The effectivity date is determined by the agreement of the parties involved. Signup and view all the answers

What happens to the new CBA if it is negotiated within six months of the old CBA's expiry?

If negotiated within six months, the new CBA takes effect on the day following the expiry of the old CBA. Signup and view all the answers

What is the purpose of the 60-day freedom period prior to the expiration of the CBA?

The 60-day freedom period allows labor unions to disaffiliate and gives either party the chance to terminate or modify the agreement. Signup and view all the answers

How should a CBA be interpreted according to the guidelines provided?

A CBA should be interpreted as a contract, following general rules of statutory construction, with a preference for labor. Signup and view all the answers

What are the two aspects of unfair labor practices (ULPs) according to the information provided?

ULPs have both civil and criminal aspects. Signup and view all the answers

What are the political rights of union members regarding voting and financial matters?

Union members have the right to vote and be voted for, and they also have specific financial rights such as opposing excessive fees and requiring access to financial records. Signup and view all the answers

How does an employee become a union member according to the context provided?

An employee becomes a union member starting on their first day of service, following the rules prescribed by the union's constitution and by-laws. Signup and view all the answers

What must occur for a union member to be expelled?

A union member can only be expelled for a valid cause and must go through the due process outlined in the union's constitution and by-laws. Signup and view all the answers

What procedure should be followed for the election of union officers?

The election of union officers should follow the union's constitution and by-laws or, in their absence, the Implementing Rules of Book V. Signup and view all the answers

Who is eligible to vote in the election of union officers?

Only union members are eligible to vote in the election of union officers. Signup and view all the answers

What is the term duration for union officers, and how often should elections be held?

Union officers serve a term of five years, and elections should be held at the end of each term. Signup and view all the answers

What role does the incumbent president play in the election process?

The incumbent president must create an election committee within 60 days before the term expiration of the current officers. Signup and view all the answers

What can members do if the officers with expired terms do not call for an election?

At least 30% of the members can file a petition with the DOLE Regional Office if elections are not called. Signup and view all the answers

What rights do union members have regarding financial record access?

Union members have the right to access financial records and require adequate documentation of income and expenses. Signup and view all the answers

Describe the deliberative rights of union members.

Union members have the right to participate in discussions on major policy questions and decide them through secret ballot voting. Signup and view all the answers

What is the purpose of a union security clause?

The purpose of a union security clause is to require employees to acquire or retain union membership as a condition for their continued employment. Signup and view all the answers

Describe the difference between a closed-shop and a union-shop.

In a closed-shop, employees must be union members before being hired, while in a union-shop, new employees are required to join the union within a certain period after being hired. Signup and view all the answers

What is meant by 'maintenance of membership' in a union security context?

Maintenance of membership means that existing union members must keep their membership as a condition for employment, unless they are promoted or transferred out of the bargaining unit. Signup and view all the answers

How does a collective bargaining agreement (CBA) relate to union security clauses?

A CBA can include union security clauses that stipulate conditions under which employees can be dismissed for non-compliance with union membership requirements. Signup and view all the answers

What must an employer prove when terminating an employee under a union security clause?

The employer must prove that the union security clause applies, the union is requesting its enforcement, and that the employee did not comply with the clause. Signup and view all the answers

Why is it a state policy to promote unionism?

It is a state policy to promote unionism to level the bargaining field between employees and management, allowing better negotiation conditions. Signup and view all the answers

What is a potential consequence of failing to adhere to a union security clause in an employee's contract?

Failing to adhere to a union security clause can result in the termination of employment. Signup and view all the answers

What does it mean for an employee to be a 'member in good standing' of a union?

A member in good standing is an employee who has fulfilled all obligations of union membership, such as paying dues. Signup and view all the answers

Can non-union members be employed in a closed-shop environment?

No, non-union members cannot be employed in a closed-shop environment unless they join the union. Signup and view all the answers

Why might an employer want to include a union security clause in a CBA?

An employer might include a union security clause to ensure a stable and cooperative workforce committed to the union. Signup and view all the answers

Study Notes

Labor Relations

Refers to interactions between employers and employees or their representatives
Mechanisms for negotiating, adjusting, and enforcing employment standards and conditions
Constitutional provisions guarantee workers' rights to self-organization, peaceful concerted activities (including strikes), and participation in policy-making processes affecting their rights and benefits.

Right to Self-Organization

Workers' right to form, join, or assist labor organizations (unions, associations)
Includes right to engage in peaceful concerted activities and participate in decision-making processes affecting their rights and benefits
Purpose is for collective bargaining and mutual aid/protection
Collective Bargaining Agreement (CBA) is a written contract between an employer and a union. Negotiated topics include wages, work hours, and employment conditions.

Who May Join, Form, or Assist Labor Organizations

All persons employed in commercial, industrial, and agricultural enterprises, and in religious, charitable, medical, or educational institutions, whether operating for profit or not, have the right to self-organization and form unions.
Ambulant, intermittent, and itinerant workers, and those without employers can form organizations for mutual aid/protection
Aliens with valid work permits also have the right, provided their home country grants similar rights.

Employees Restricted from Joining Labor Organizations

Managerial employees: those vested with powers or prerogatives in making and executing management policies or hiring/disciplining employees.
Supervisory employees: those who make non-routine, independent managerial recommendations for the employer
Confidential employees (labor relations): those assisting confidential matters of parties who exercise managerial functions in labor relations
Government employees (members of AFP, police, firemen, jail guards are excluded): they may form associations not contrary to law.
International organization employees; and Foreign workers.
Foreigners with valid permits may exercise the right to form associations, provided their country grants similar rights.
Religious objectors

Determination of Appropriate Bargaining Unit (ABU)

A group of employees sharing mutual interests (employment, work conditions, etc.)
Factors considered include: community/mutuality of interest, employee desires, collective bargaining history, and similarity of employment status.

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Description

Explore the dynamics of labor relations, focusing on workers' rights to self-organization and collective bargaining. This quiz covers the essential concepts of employment standards, worker representation, and the legal frameworks that support labor organizations. Test your understanding of the mechanisms that allow employees to negotiate their rights and benefits.