Labor Relations Overview and Disputes

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Questions and Answers

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?

  • Measuring employee satisfaction
  • Supporting performance management
  • Filing personal taxes (correct)
  • Identifying workplace issues

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?

<p>Associated Labor Union v. Ferrer-Calleja (B)</p> Signup and view all the answers

What type of disputes does Labor Relations seek to settle?

<p>Labor or industrial disputes (C)</p> Signup and view all the answers

What is the primary purpose of inter-union disputes?

<p>To address representation questions for collective bargaining (B)</p> Signup and view all the answers

Which entity is responsible for formulating policies for mediation and conciliation of labor disputes?

<p>National Conciliation and Mediation Board (A)</p> Signup and view all the answers

What is the exclusive authority of the Bureau of Labor Relations?

<p>To act on all inter-union and intra-union conflicts (A)</p> Signup and view all the answers

Who has original jurisdiction over intra and inter union disputes?

<p>Labor Arbiter (C)</p> Signup and view all the answers

Which type of disputes refer to conflicts among union members?

<p>Intra-union disputes (A)</p> Signup and view all the answers

Which function does the NCMB NOT perform?

<p>Conduct collective bargaining negotiations (D)</p> Signup and view all the answers

What is excluded from the jurisdiction of the Bureau of Labor Relations?

<p>Grievances under collective bargaining agreements (B)</p> Signup and view all the answers

What role does the NCMB have in relation to voluntary arbitration?

<p>It maintains and updates a list of voluntary arbitrators (B)</p> Signup and view all the answers

What is one of the key functions of the NCMB regarding labor disputes?

<p>To provide preventive mediation assistance (D)</p> Signup and view all the answers

Which statement correctly describes the concept of intra-union disputes?

<p>It addresses conflicts over union membership rights (B)</p> Signup and view all the answers

Which of the following is NOT a jurisdiction of the Bureau of Labor Relations?

<p>Claims arising from workplace safety violations (A)</p> Signup and view all the answers

Which of the following is NOT a responsibility of the NCMB?

<p>Administer the collective bargaining agreement (D)</p> Signup and view all the answers

Which authority holds appellate jurisdiction over inter-union or intra-union disputes?

<p>National Labor Relations Commission (B)</p> Signup and view all the answers

What type of conflict involves disagreements over union constitutions and by-laws?

<p>Intra-union disputes (C)</p> Signup and view all the answers

What does the Bureau of Labor Relations NOT have the authority to act upon?

<p>Disputes arising from collective bargaining agreement interpretations (D)</p> Signup and view all the answers

What is one of the primary functions of the Bureau of Labor Relations?

<p>To handle disputes affecting labor-management relations (D)</p> Signup and view all the answers

Who must personally exercise the right to waive a claim?

<p>The employees themselves (D)</p> Signup and view all the answers

Which of the following limitations pertains to the right of parties to enter into compromise agreements?

<p>Cannot be contrary to law, public order, or moral standards (B)</p> Signup and view all the answers

What characterizes a Collective Bargaining Agreement (CBA)?

<p>A binding document resulting from extensive negotiations (B)</p> Signup and view all the answers

What is required for the registration of a Collective Bargaining Agreement after its execution?

<p>Posting of the CBA and ratification (C)</p> Signup and view all the answers

What does a certification election determine?

<p>The sole and exclusive bargaining agent for employees (C)</p> Signup and view all the answers

How does the contract-bar principle affect collective bargaining agreements?

<p>It can either be applied or waived depending on circumstances (C)</p> Signup and view all the answers

What is the primary purpose of a compromise agreement between parties?

<p>To make reciprocal concessions and avoid litigation (D)</p> Signup and view all the answers

What is a key characteristic of the process of collective bargaining?

<p>It focuses on thorough negotiations between management and employees (A)</p> Signup and view all the answers

Flashcards

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 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

Deals with disputes related to labor, often arising from a lack of agreement between employers and employees.

Labor Relations: Employee Satisfaction and Rights

The satisfaction, rights, and obligations of employees in relation to unions and employers. It encompasses various aspects of workplace dynamics.

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Administrative Machinery for Labor Disputes

A framework designed to efficiently resolve disputes between labor and management. Examples include mediation, arbitration, and conciliation.

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Inter-Union Disputes

Disputes between legitimate labor organizations over representation in collective bargaining or any other disagreement between labor unions.

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Labor Arbiter Jurisdiction

The Labor Arbiter has jurisdiction over inter-union disputes in the Philippines.

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Ilaw at Buklod ng Mangagawa v. NLRC

The controversy in the case was who had the right to represent the workers for collective bargaining.

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National Conciliation and Mediation Board (NCMB)

The National Conciliation and Mediation Board (NCMB) handles the mediation and conciliation of all labor disputes in the Philippines.

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NCMB Functions

The NCMB formulates policies, procedures, and guidelines for mediating labor disputes.

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NCMB Coordination

The NCMB coordinates with other government agencies to prevent and settle labor disputes.

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NCMB Dispute Resolution Methods

The NCMB promotes alternatives to adversarial labor disputes such as voluntary arbitration and grievance handling.

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NCMB Voluntary Arbitration Program

The NCMB maintains a list of voluntary arbitrators and compiles arbitration awards and decisions.

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Compromise

A legal agreement where parties make concessions to avoid or end a legal dispute.

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Waiver of Claim

A personal right that employees can choose to use or not use regarding claims.

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Collective Agreement (CBA)

A written contract between an employer and a union representing employees, it covers things like wages, work hours, and employment conditions.

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Certification Election

The process for deciding which union will represent employees by secret ballot.

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Registration of Collective Bargaining Agreement

The process of registering a CBA within 30 days of signing to make it official.

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Ratification

A requirement for a valid CBA, employees must vote to approve the agreement.

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Posting of CBA

A requirement for a valid CBA, it is posted for employees to see.

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What is the Jurisdiction of the Bureau of Labor Relations (BLR)?

The Bureau of Labor Relations (BLR) has the primary and exclusive power to handle all issues related to conflicts between labor unions (inter-union) or within a single union (intra-union). This includes disagreements over union membership rights, constitution violations, and disputes arising from union chartering or affiliation.

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What are Inter-Union Disputes?

Inter-union disputes involve conflicts between different labor unions. These conflicts occur when unions compete for membership or representation rights in a workplace.

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What are Intra-Union Disputes?

Intra-union disputes occur within a single labor union. These conflicts might involve disagreements about membership rights, union rules, or internal elections.

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What are Conciliation and Mediation?

Conciliation is a process where a neutral third party facilitates communication and helps parties reach a mutually acceptable agreement. Mediation is similar but the mediator can suggest solutions.

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What are Compromise and Waiver of Claim?

A compromise is a mutual agreement where both parties give up something to reach a solution. A waiver of claim occurs when a party agrees to give up a right or claim in exchange for something else.

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What is a Collective Bargaining Agreement?

A Collective Bargaining Agreement (CBA) is a legally binding contract between an employer and a union. It outlines the terms and conditions of employment for the employees represented by the union, including wages, benefits, and work rules.

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What is a Certification Election?

A Certification Election is a process where employees vote to decide whether they want to be represented by a union. If a majority of employees vote in favor of union representation, the union is certified as the bargaining agent for that group.

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What is the Contract Bar Principle?

The Contract Bar Principle prohibits the National Labor Relations Board (NLRB) from holding a certification election if there is a valid collective bargaining agreement (CBA) in place. This principle prevents frequent elections and ensures stability in labor-management relations.

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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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