Podcast
Questions and Answers
What is the primary purpose of understanding Labor Relations?
What is the primary purpose of understanding Labor Relations?
- To create more union rules
- To reduce the number of employees
- To increase company profits
- To establish and strengthen the employee-employer relationship (correct)
Which of the following activities is NOT associated with Labor Relations?
Which of the following activities is NOT associated with Labor Relations?
- Measuring employee satisfaction
- Supporting performance management
- Filing personal taxes (correct)
- Identifying workplace issues
What is included in the responsibilities under Labor Relations?
What is included in the responsibilities under Labor Relations?
- Promoting worker rights and obligations (correct)
- Increasing the number of labor unions
- Establishing strict penalties for union activities
- Encouraging workplace competition
Which reading aims to illustrate Labor Relations principles?
Which reading aims to illustrate Labor Relations principles?
What type of disputes does Labor Relations seek to settle?
What type of disputes does Labor Relations seek to settle?
What is the primary purpose of inter-union disputes?
What is the primary purpose of inter-union disputes?
Which entity is responsible for formulating policies for mediation and conciliation of labor disputes?
Which entity is responsible for formulating policies for mediation and conciliation of labor disputes?
What is the exclusive authority of the Bureau of Labor Relations?
What is the exclusive authority of the Bureau of Labor Relations?
Who has original jurisdiction over intra and inter union disputes?
Who has original jurisdiction over intra and inter union disputes?
Which type of disputes refer to conflicts among union members?
Which type of disputes refer to conflicts among union members?
Which function does the NCMB NOT perform?
Which function does the NCMB NOT perform?
What is excluded from the jurisdiction of the Bureau of Labor Relations?
What is excluded from the jurisdiction of the Bureau of Labor Relations?
What role does the NCMB have in relation to voluntary arbitration?
What role does the NCMB have in relation to voluntary arbitration?
What is one of the key functions of the NCMB regarding labor disputes?
What is one of the key functions of the NCMB regarding labor disputes?
Which statement correctly describes the concept of intra-union disputes?
Which statement correctly describes the concept of intra-union disputes?
Which of the following is NOT a jurisdiction of the Bureau of Labor Relations?
Which of the following is NOT a jurisdiction of the Bureau of Labor Relations?
Which of the following is NOT a responsibility of the NCMB?
Which of the following is NOT a responsibility of the NCMB?
Which authority holds appellate jurisdiction over inter-union or intra-union disputes?
Which authority holds appellate jurisdiction over inter-union or intra-union disputes?
What type of conflict involves disagreements over union constitutions and by-laws?
What type of conflict involves disagreements over union constitutions and by-laws?
What does the Bureau of Labor Relations NOT have the authority to act upon?
What does the Bureau of Labor Relations NOT have the authority to act upon?
What is one of the primary functions of the Bureau of Labor Relations?
What is one of the primary functions of the Bureau of Labor Relations?
Who must personally exercise the right to waive a claim?
Who must personally exercise the right to waive a claim?
Which of the following limitations pertains to the right of parties to enter into compromise agreements?
Which of the following limitations pertains to the right of parties to enter into compromise agreements?
What characterizes a Collective Bargaining Agreement (CBA)?
What characterizes a Collective Bargaining Agreement (CBA)?
What is required for the registration of a Collective Bargaining Agreement after its execution?
What is required for the registration of a Collective Bargaining Agreement after its execution?
What does a certification election determine?
What does a certification election determine?
How does the contract-bar principle affect collective bargaining agreements?
How does the contract-bar principle affect collective bargaining agreements?
What is the primary purpose of a compromise agreement between parties?
What is the primary purpose of a compromise agreement between parties?
What is a key characteristic of the process of collective bargaining?
What is a key characteristic of the process of collective bargaining?
Flashcards
Contract-Bar Rule
Contract-Bar Rule
A rule in labor relations stating that a certification election cannot be held if there's a valid existing collective bargaining agreement (CBA) in effect.
Exceptions to the Contract-Bar Rule
Exceptions to the Contract-Bar Rule
Exceptions to the Contract-Bar Rule allow for a certification election despite the presence of a valid CBA. These exceptions are situations where the current CBA is no longer considered appropriate or effective.
Labor Relations
Labor Relations
Deals with disputes related to labor, often arising from a lack of agreement between employers and employees.
Labor Relations: Employee Satisfaction and Rights
Labor Relations: Employee Satisfaction and Rights
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Administrative Machinery for Labor Disputes
Administrative Machinery for Labor Disputes
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Inter-Union Disputes
Inter-Union Disputes
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Labor Arbiter Jurisdiction
Labor Arbiter Jurisdiction
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Ilaw at Buklod ng Mangagawa v. NLRC
Ilaw at Buklod ng Mangagawa v. NLRC
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National Conciliation and Mediation Board (NCMB)
National Conciliation and Mediation Board (NCMB)
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NCMB Functions
NCMB Functions
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NCMB Coordination
NCMB Coordination
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NCMB Dispute Resolution Methods
NCMB Dispute Resolution Methods
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NCMB Voluntary Arbitration Program
NCMB Voluntary Arbitration Program
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Compromise
Compromise
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Waiver of Claim
Waiver of Claim
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Collective Agreement (CBA)
Collective Agreement (CBA)
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Certification Election
Certification Election
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Registration of Collective Bargaining Agreement
Registration of Collective Bargaining Agreement
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Ratification
Ratification
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Posting of CBA
Posting of CBA
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What is the Jurisdiction of the Bureau of Labor Relations (BLR)?
What is the Jurisdiction of the Bureau of Labor Relations (BLR)?
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What are Inter-Union Disputes?
What are Inter-Union Disputes?
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What are Intra-Union Disputes?
What are Intra-Union Disputes?
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What are Conciliation and Mediation?
What are Conciliation and Mediation?
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What are Compromise and Waiver of Claim?
What are Compromise and Waiver of Claim?
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What is a Collective Bargaining Agreement?
What is a Collective Bargaining Agreement?
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What is a Certification Election?
What is a Certification Election?
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What is the Contract Bar Principle?
What is the Contract Bar Principle?
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Study Notes
Module Overview
- Bureau of Labor Relations (BLR) jurisdiction
- Intra and inter-union disputes
- Conciliation and mediation, compromise, waiver of claim
- Collective Bargaining Agreement (CBA)
- Certification Election
- Contract Bar Principle
Module Learning Objectives
- Explain the BLR's jurisdiction
- Compare intra and inter-union disputes
- Define conciliation, mediation, compromise, and waiver of claim
- Explain Collective Bargaining Agreements
- Discuss Certification Elections
- Describe the Contract Bar Principle
Learning Content 1: Jurisdiction of the BLR & Intra and Inter-Union Disputes
- The BLR and its divisions in regional offices have exclusive authority over intra and inter-union conflicts
- Includes disputes, grievances, or problems related to labor-management relations
- Excludes disputes from implementation/interpretation of CBA; these fall under grievance procedures or voluntary arbitration
Intra Union Disputes
- Conflicts amongst union members
- Grievances from violating member rights/conditions, union constitution/bylaws
- Disputes from union chartering/affiliation
Inter Union Disputes
- Conflicts between legitimate labor organizations
- Involves disputes amongst legitimate labor organizations
Learning Activity 1
- Case study of Buklod ng Mangagawa v. NLRC and Abbott Laboratories v. ALEY
- Labor Arbiter jurisdiction
- Case controversy
- Jurisdiction for intra and inter-union disputes
Learning Content 2: Conciliation & Mediation, Compromise, Waiver of Claim and Collective Bargaining Agreement
- National Conciliation and Mediation Board (NCMB)
- Formulate policies, programs, and guidelines for mediation and conciliation
- Perform preventive mediation and conciliation
- Coordinate functions with other entities
- Formulate policies and guidelines for dispute settlement
- Administer voluntary arbitration programs
- Provide counseling and mediation assistance
- Compromise
- Contract whereby parties make concessions to avoid litigation/settle dispute
- Subject to limitations of Article 6 of the Civil Code (e.g., cannot waive a right if it's against the law/public policy)
- Waiver of claims/rights
- Employee's personal right, must be used by the employee personally
Learning Content 3: Certification Election and Contract Bar Rule
- Certification Election
- Process to determine the sole and exclusive bargaining agent (SEBA)
- Through secret ballot
- Contract Bar Rule
- Procedural rule, Court may apply or waive depending on the facts
- In the interest of stability and fairness in collective bargaining
Learning Activity 2
- Graded recitation on specific topics
Learning Activity 3
- Enumerate exceptions to contractual bar rule
- Supplemental readings on illustrative case studies (e.g., Associated Labor Union v. Ferrer-Calleja, Buklog Ng Saulog Transit v. Cassalla)
- Summary on Labor Relations functions
References
- Ungos Jr, Paulino D, and Ungos III, Paulino Q., The Law on Labor Relations c2015
- Labor Code of the Philippines (Renumbered, Dole Edition, 2017)
- Azusena, Cesario, Everyone's Labor Code
- Chan, Joselito G., Labor Law Relations and Termination of Employees
- Azucena, Cesario, Labor Code with Comments and Cases
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