1.

UNFAIR LABOR PRACTICES OF EMPLOYER

1) Interference with, restrain or coerce employees in the exercise of their right to self-
organization;
2) “Yellow Dog” Condition of Employment or requiring a person or an employee not to join
a labor organization or shall withdraw from one to which he belongs;
3) Contracting out services or functions being performed by union members when such will
interfere with, restrain or coerce employees in the exercise of their rights to self-
organization;
4) Company-Domination of Union with regard to the formation or administration of any
labor organization, including the giving of financial or other support to it or its organizers
or supporters;
5) Discrimination in regard to wages, hours of work and other terms and conditions of
employment in order to encourage or discourage membership in any labor organization;
6) Discrimination against an employee for having given or being about to give testimony
under the Labor Code;
7) Violation of the duty to bargain;
8) Paid negotiation or attorney’s fees to the union or its officers or agents as part of the
settlement of any issue in collective bargaining or any other dispute; and
9) Violation of the collective bargaining agreement.

3. UNION SECURITY CLAUSE/ SECURITY ARRANGEMENTS

Stipulations in the CBA requiring membership in the contracting union so that an employee
may retain his job and the union’s existence is assured.

The employer is not guilty of ULP if it merely complies in good faith with the request of the
certified union for dismissal of employees expelled from the union pursuant to the union
security clause in the collective bargaining agreement.

In terminating the employment of an employee by enforcing the union security clause, the
employer only needs to determine and prove that:

1) The union security clause is Applicable;

2) The union is Requesting for the enforcement of the union security provision of the
CBA;
3) There is sufficient Evidence to support the union’s decision to expel the employee
from the union; and
4) The employer must comply with Due process:
a. Notify the employees that their dismissal is being requested by the union; and
b. The employees’ explanations are heard.

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 Different Kinds of Union Security Arrangements:

1) Closed-Shop Agreement
2) Union Shop Agreement
3) Preferential Shop Agreement
4) Agency Shop Agreement or Maintenance of Treasury Shop
5) Bargaining for Members Only
6) Exclusive Bargaining Shop
7) Maintenance of Membership Shop Agreement
8) Modified Union Shop

5. JURISDICTIONAL PRECONDITIONS FOR COLLECTIVE BARGAINING

AGREEMENT/ REQUISITES OF COLLECTIVE BARGAINING AGREEMENT

1) Possession of the status of Majority representation by the employees’ representative in

accordance with any of the means of selection or designation provided for by the Labor
Code;
2) Proof of majority representation the BLR that the representative of the employees is the
sole and exclusive bargaining agent having won in a certification election; and
3) Demand to bargain under Article 261(a) of the Labor Code – when a party desires to
negotiate an agreement, it shall serve a written notice upon the other party with a
statement of its proposals. The other party shall make a reply thereto not late than ten (10)
calendar days from receipt of such notice.

The duty to bargain arises collectively arises only between the employer and its employee.
Where neither party is an “employer” nor an “employee” of the other, no such duty would
exist.

Where a majority representative has been designated, it is a ULP for the employer, as a refusal
of collective bargaining, to deal and negotiate with the minority representative to the
exclusion of the majority representative.

7. CERTIFICATION ELECTION

The process of determining, through secret ballot the sole and exclusive representative of the
employees in an appropriate bargaining unit for purposes of collective bargaining or
negotiation.

A Petition for CE may be filed by:

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1. Any legitimate labor organization including a national union or federation that has issued
a charter certificate to its local/chapter or the local/chapter itself;
2. An employer when requested to bargain collectively in a bargaining unit where no
registered collective bargaining agreement.

It shall be filed with the REGIONAL OFFICE which issued the petitioning union’s certificate
of registration/certificate of creation of chartered local. The petition shall be heard and
resolved by the Med-Arbiter.

The proper time to file a petition for CE depends on whether the CBU has a CBA or not. If it
has no CBA, the petition may be filed anytime outside the 12-month bar. If it has a CBA, it
can be filed only within the last 60 days of the fifth year of the CBA.

It may be filed anytime, except:

1. When a valid certification, consent or run-off election has been conducted within the
bargaining unit within 1 year prior to the filing of the petition for certification election.
Where an appeal has been filed from the order of the Med-Arbiter certifying the results of
the election, the running one-year period shall be suspended until the decision on the
appeal has become final and executory;
2. When the duly certified union has Commenced and sustained negotiations in good faith
with the employer in accordance with Article 261 of the Labor Code within one-year
period referred to in the immediately preceding paragraph;
3. When a bargaining deadlock to which an incumbent or certified bargaining agent is a
party had been Submitted to conciliation or arbitration or had become the subject of a
valid notice of strike or lockout;
4. When a collective bargaining agreement between the employer and a duly recognized or
certified bargaining agent has been Registered in accordance with Article 238 of the Labor
Code. Where such collective bargaining agreement is registered, the petition may be filed
only within 60 days prior to its expiry.

The petition shall be in writing, verified under oath by the president of petitioning labor
organization. Where a federation or national union files a petition in behalf of its local or
affiliate, the petition shall be verified under oath by the president or duly authorized
representative of the federation or national union with a certification under oath as to the
existence of its local/chapter in the establishment and attaching thereto the charter certificate
or a certified true copy. If the petition is filed by a local/charter it shall attach its charter
certificate or a certified true copy. In case the employer filed the petition, the owner, president
or any corporate officer, who is authorized by the board of directors, shall verify the petition.

In an organized establishment, the signature of at least 25% of all employees in the

appropriate bargaining unit shall be attached to the petition at the time of its filing.

CONDUCT OF CERTIFICATION ELECTION

1. Raffle of the case within 24 hours from receipt of entry of final judgment.

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 2. Pre-election Conference within 10 days from the receipt of the assignment
3. Pre-election conference shall be completed within 30 days from the date of the first
hearing.
4. Posting of notice of election at least 10 days before the actual date of election
5. Preparation of Ballot
6. Election

9. DEFINITION OF CBA

A collective bargaining agreement refers to a contract executed upon request of either the
employer or the exclusive bargaining representative of the employees incorporating the
agreement reached after negotiations with respect to wages, hours of work and all other terms
and conditions of employment, including proposals for adjusting any grievances or questions.

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