LABOR LAW

E to E relationship? What constitutes?

Labor Relations
o Activities of employees/employers
o Mechanism negotiated/adjusted/ ???
o Collective Bargaining
Labor Code
o Construction in favor of labor if there is doubt
o E to E relationship (necessary)
o Elements of E to E Relationship
o Only applies in Private Sector
X apply to employees of government; GOCC = if
???
If with Charter = Labor code X not apply
If under Corporation Code = Labor code applies
Article 218
o Employer definition
o ?????
Employers?
o Labor organization = employer allowed
o Not registered labor organization = valid (Orlando, page
7)
Registration = x necessary
o Association employer; even if X registers = considered
employer
Employee?
o Employee as an employer
o Individual whose work has cease
o Employee who has been dismissed
(Even pending) Substantial equivalent
employment = Job similar at the time of
dismissal
Factors: Nature of the job/ types of career (FEU
vs CIR)
Art. 6 coverage clause apply to all workers (___________
Exclusionary clause - ____________
______________ of right to self organization?
2 types of organizations:
1. Workers association (WA)
2. Labor organization; Labor union (same) (LO)
Difference between WA and LO:

1. WA = mutual aid/ protection of __________ ; X for collective

bargaining
2. LO = created for collective bargaining arrangements terms/
conditions
RIGHT TO SELF-ORGANIZATION
o Positions eligible to join/form:
1. Rank and file employees (definition)
2. Supervisory employees (definition)
1. All persons employed
a. Commercial
b. Industrial
c. Agricultural
2. Religious
Charitable
Medical
Educational
3. Employees of GOCC without charter
Their unions must be separate
o Reason: conflicting interest
1. Managerial
2. Supervisors
3. Rank and file employees
Art 282-C; Right to join union starts in the first day of
employment
Who are disqualified in joining organization?
1. Managerial employees
2. Confidential employees
Access to labor relations matters
3. Cooperative employees (?)
** Prohibited from collective bargaining ??? only
Who are managerial employee?
o Under labstan/ lab rel (distinguish)
o Under labrel Lay down/execute management
???
???
Suspend
Lay-off
Recall
Discharge
Assigns
Discipline employees
E.g. floor manager = X managerial

Determining factor: Nature of his job; if with authority to

act in the interest of employer; and may exercise his/her
own independent judgment (job description)
o Why disqualified?
Conflict of interest
Must be in favor of employer
Who are confidential employers?
o Those with access to labor relations matters
o Why disqualified?
Conflict of interest (interest of employer)
o Doctrine of necessary implication
Government employees/ GOCC with special charter
o Why? His ____ salary scale ______ by congress
o Art 281 Terms/conditions of government employees
shall be governed by civil service law
o Collective bargaining (Art 299)
GOCC with charter = disqualified
GOCC without charter = qualified
Aliens without valid permit
1. If with permit (?????)
2. ____ the same rights (principle of reciprocity)
Read union security agreement under CBA
Types of agreements:
1. Closed Shop (page 272)
2. Union shop
3. Maintenance of memberhip
4. Agency Shop
5. Preferential Hiring
Freedom period
Read 10.2 (limitations) page 272
1. Already a member
2. Refused as a member
3. Members of religious sect that prohibits members (eg. Iglesia
ni Cristo)
ART 253 (ULP) Unfair labor practices
1. 253-254 only constitutes ULP
2. Not limited to violate the workers right to self-organization
Art 252 ULP violates the consti right to self organization
o ULP civil rights both labor/_________
o Criminal offense against state
o

ULP applicable/committed against employee who has

exercised his right to self-organization
ULP X managerial
Jurisdiction of ULP/ Art 252
o Labor arbiter of NLRC
o 223 of Labor code
o NLRC heard/decide ULP
Violates civil rights
Criminal offense
** the 2 above cannot be prosecuted
simultaneously (page 291)
Criminal aspect may proceed after judgment with civil aspect
ULP presecptive period
o 1 year from accrual of ULP
o Commission of ULP (________)
Art 259 ULP by employers
1. Interfere/restrain/ ____ employees in their right to selforganization
TEST (page 108 of memaid, page 259 of book)
o Circumstantial evidence may suffice
o Whether the employer has engaged in conduct which it
may reasonably be said tends to hinder free exercise of
the employees right to self-organization
YELLOW DOG CONDITION
CONTRACTING OUT
COMPANY-DOMINATED UNION
DISCRMINATION
DISCRIMINATION BECAUSE OF _______ - case including right
to self-organization
VIOLATION OF DUTY TO BARGAIN
Surface (?) bargaining - _____________
TAKE IT OR LEAVE IT = ULP
BLUE SKY
o Party presents conditions that are impossible to meet?
PAID NEGOTATIONS
GROSS VIOLATION (page 268)
o Economic = financial
o With the economic provisions of the CBA
Page 299 (Salunga case vs CIR)