Labor Law Module 8 Study Guide PDF

FM-AA-CIA-15 Rev. 0 10-July-2020 Study Guide in HRDM 107b – Labor Relations and Management Module No. 8 STUDY GUIDE FOR MODULE NO. 8 BUREAU OF LABOR RELATIONS MODULE OVERVIEW Jurisdi...

FM-AA-CIA-15 Rev. 0 10-July-2020 Study Guide in HRDM 107b – Labor Relations and Management Module No. 8 STUDY GUIDE FOR MODULE NO. 8 BUREAU OF LABOR RELATIONS MODULE OVERVIEW Jurisdiction of the BLR Intra and Inter Union disputes Conciliation and Mediation, compromise, waiver of claim Collective Bargaining Agreement Certification Election Contract Bar Principle MODULE LEARNING OBJECTIVES At the end of the module, you should be able to: 1. Explain the jurisdiction of the BLR 2. Compare and contrast intra and inter-union disputes 3. Define and explain conciliation and mediation, compromise and waiver of claim 4. Explain Collective Bargaining Agreement 5. Discuss Certification Election 6. Describe the Contract Bar Principle LEARNING CONTENT 1: JURISDICTION OF THE BLR & INTRA AND INTER-UNION DISPUTES ART. 231 THE BUREAU OF LABOR RELATIONS The Bureau of Relations and the Labor Relations Divisions in the Regional Offices of the Department of Labor shall have the original and exclusive authority to act, at their initiative or upon request of either or both parties, on all inter-union and intra-union conflicts. Including all disputes, grievances, or problems arising from or affecting labor- management relations in all workplaces whether agricultural or non-agricultural, except those arising from their implementation or interpretation of collective bargaining agreement which shall be the subject of grievance procedure and/or voluntary arbitration. INTRA UNION DISPUTES Refers to any conflict between and among union members, including grievances arising from any violation of rights and conditions of membership, violation of disagreement over any provision of the union's constitution and by-laws, or disputes arising from chartering or affiliation of the union. INTER UNION DISPUTES Refer to any conflict between and among legitimate labor organizations involving PANGASINAN STATE UNIVERSITY 1  FM-AA-CIA-15 Rev. 0 10-July-2020 Study Guide in HRDM 107b – Labor Relations and Management Module No. 8 representation questions for the purpose of collective bargaining or to any other conflict or dispute between legitimate labor unions LEARNING ACTIVITY 1 Activity: Read and digest the case of Ilaw at Buklod ng Mangagawa v. NLRC 219 SCAR 536 and Abbott Laboratories v. ALEY 323 SCRA 392 Does the Labor Arbiter has jurisdiction over the case? What was the controversy in the case at the bar? Who has original jurisdiction over intra and intra union disputes Who has the appellate jurisdiction over inter-union or intra-union disputes LEARNING CONTENT 2: CONCILIATION & MEDIATION, COMPROMISE, WAIVER OF CLAIM AND COLLECTIVE BARGAINING AGREEMENT NATIONAL CONCILIATION AND MEDIATION BOARD (NCMB) Formulate policies, programs, standards, procedures, manuals of operations, and guidelines pertaining to effective mediation and conciliation of all labor disputes. Perform preventive mediation and conciliation functions. Coordinate and maintain linkages with other sectors of institutions, and other government authorities concerned with matters relative to the prevention and settlement of labor disputes. Formulates policies, plans, programs, standards, procedures, manuals of operations, and guidelines about the promotion of cooperative and non-adversarial schemes, grievance handling, voluntary arbitration and other voluntary modes of dispute settlement. Administer the voluntary arbitration program; maintain/update a list of voluntary arbitrators, compile arbitration awards and decisions. Provide counseling and preventive mediation assistance particularly in the administration of collective agreements Monitor and exercise technical supervision over the Board’s programs being implemented in the regional offices; and Perform such other functions as may be provided by law or assigned by the Secretary. COMPROMISE Is a contract whereby the parties by making reciprocal concessions and avoid litigation or put an end to one already commenced It is the policy of the state to promote the settlement of differences between labor and management by mutual agreement The right to enter into a compromise agreement is subject to the limitations imposed by Article 6 of the Civil Code which provides that rights may be waived unless waiver is contrary to law, public order, public policy, moral or good customs or prejudicial to a third person with a right recognized by law. Olaybar v. NLRC (237 SCRA 819) PANGASINAN STATE UNIVERSITY 2  FM-AA-CIA-15 Rev. 0 10-July-2020 Study Guide in HRDM 107b – Labor Relations and Management Module No. 8 WAIVER OF CLAIM It is a personal right which must be exercised personally by the employees themselves. Jag & Haggar Jeans and Sportswear Corp. v. NLRC (241 SCRA 635) COLLECTIVE AGREEMENT A collective bargaining agreement (CBA) is a written legal contract between an employer and a union representing the employees. The CBA is the result of an extensive negotiation process between the parties regarding topics such as wages, hours, and terms and conditions of employment. REGISTRATION OF COLLECTIVE BARGAINING AGREEMENT The parties are required to register their CBA within thirty (30) days from the execution The purpose of registration is to put a notice on the existence of the CBA to promote its stable and undisturbed administration. PRE- REQUISITE FOR CBA Posting of CBA; and Ratification LEARNING ACTIVITY 2 Graded Recitation: Read the topics above for a graded recitation LEARNING CONTENT 3: CERTIFICATION ELECTION AND CONTRACT BAR RULE CERTIFICATION ELECTION Certification election is a process of determining through a secret ballot the sole and exclusive bargaining agent (SEBA) of all the employees in an appropriate bargaining unit for collective bargaining. CONTRACT BAR PRINCIPLE The "contract-bar rule" is procedural which this Court in its discretion may apply or waive as the facts of any given case may demand in the interest of stability and fairness in collective bargaining agreements. LEARN LEARNING ACTIVITY 3 Assignment: 1. Enumerate the exception of the Contract-Bar Rule Principle. 2. Supplemental Reading for illustrative cases (Associated Labor Union v. Ferrer- Calleja 173 SCRA 178; Buklog Ng Saulog Transit v. Cassalla 99 SCRA 16) SUMMARY The purpose of knowing the functions of Labor Relations is to establish and strengthen the employee and employer relationship. This can be achieved by measuring employee PANGASINAN STATE UNIVERSITY 3  FM-AA-CIA-15 Rev. 0 10-July-2020 Study Guide in HRDM 107b – Labor Relations and Management Module No. 8 satisfaction, identifying and resolving workplace issues, and providing input and support to the performance management system of the company; promoting the enlightenment of workers concerning their rights and obligations as union members and as employees; and to provide an adequate administrative machinery for the expeditious settlement of labor or industrial disputes 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, c199 Chan, Joselito G., Labor Law Relations and Termination of Employees, 2009 Azucena, Cesario, Labor Code with Comments and Cases c1992 The Constitution of the Philippines, RBSI Editorial Staff www. rexstore.com www. wikepedia.org bir.dole.gov.ph PANGASINAN STATE UNIVERSITY 4