LABOR RELATIONS REVIEWER

3.​ Confidential employees cannot join

Right to Self-Organization unions due to their access to labor
relations policies.
●​ Employees have the right to form,
join, or assist labor organizations Bargaining Unit and Collective
for collective bargaining. Bargaining
●​ This includes engaging in lawful
concerted activities for mutual aid
and protection (Labor Code, Art. Bargaining Unit
257).
●​ A group of employees sharing
●​ Employees have the right to join or
mutual interests within a given
abstain from joining any union. (The
employer unit.
right to join a union includes the right
●​ Composed of all or less than all
to abstain from joining any union)
employees in the employer unit
(Victoriano v. Elizalde Rope Workers'
●​ any specific occupational or
Union, 1974).
geographical grouping within the
unit.
Who May Exercise the Right?

●​ ALL persons employed in

Right of Individual or Group to
commercial, industrial, Present Grievances
agricultural enterprises, and
institutions (religious, charitable, ●​ Individual or Group Rights:​
medical, or educational), whether for An individual employee or a group
profit or not. of employees has the right to
●​ Ambulant (moving from place to present grievances to their
place), Intermittent (working on employer at any time.​
irregular basis), Itinerant (traveling
or moving around), rural workers, ●​ Participation in Decision-Making:​
self employed, no definite Workers also have the right to
employer may form labor participate in the policy and
organizations. decision-making processes of the
establishment where they work,
Exempted: especially when those decisions
directly affect their rights, benefits,
1.​ Supervisory employees may join and welfare.
separate collective bargaining units
but not the rank-and-file unit (Labor Test to Determine the
Code, Art. 255). Constituency of an Appropriate
2.​ Managerial employees are
Bargaining Unit
excluded as they act as the
employer’s alter ego. ●​ No Fixed Number:​
There is no set maximum or
LABOR RELATIONS REVIEWER

minimum number of employees ●​ Executing a contract incorporating

required to form a bargaining unit. such agreements, if requested by
●​ Union Representation:​ either party.
Union members come from the CBU ●​ The duty to bargain does not
(Certified Bargaining Unit), and include to reach an agreement.
multiple unions can represent
different sections of the CBU, even Collective Bargaining Agreement
rival unions. (CBA)
●​ Representative is the union, group
represented is CBU -​ A contract covering wages, hours
of work, and employment terms
Fundamental Factors in and conditions. It binds all
determining the appropriate employees within the bargaining
bargaining unit: unit.

○​ Will of the employees Coverage of CBA

○​ Substantial mutual interests
-​ Extend to laborers and employees in
○​ Prior collective bargaining
CBU, including those who do not
history
belong to the chosen bargaining
○​ Similarity of employment
labor organization.
status

Note: Out of these, the controlling

Unfair Labor Practices (ULP)
test of grouping is mutuality or
Nature of ULP
commonality of interest.
1.​ Inimical to the legitimate interests of
●​ Community of Interests Rule:
both labor and management
Employees must have commonality
2.​ Disrupt industrial peace
of collective bargaining interest in
3.​ Criminal Offenses against the State;
terms of employment and working
4.​ Violation of civil rights
conditions.
5.​ Violate the constitutional right of
workers and employees to self
●​ Prior Collective Bargaining
organization
History:
6.​ Creates unstable labor-management
The existence of prior collective
relations.
bargaining history is neither
decisive nor conclusive in Elements of ULP
determination of what constitutes an
appropriate bargaining unit. -​ Employer-employee relationship.
-​ Act done is expressly defined in the
Duty to Bargain Collectively code as an ULP
-​ Act complained must have
●​ Employer and union must negotiate proximate and causal connection
in good faith. with/violation of:
LABOR RELATIONS REVIEWER

1.​ Exercise the right to self evidence of intimidation or coercion.

organization It’s the potential effect on
2.​ Exercise the right to self-organization that matters.
collective bargaining
Acts Constituting Interference:
Note: Prescriptive period: The offense
prescribes in 1 year. ●​ Threatening Employees: Threats
like cutting pay or closing the plant if
“Not every unfair act is an unfair labor employees support a union.
practice” ●​ Restriction on Self-Organization:
Activities that hinder union
Who can Commit ULP organizing, such as excluding union
members from events or using
-​ Both employers and labor subcontractors to replace union
organizations can commit acts of workers.
ULP ●​ Discouraging Membership:
Practices like denying salary
Who are Liable when ULP is committed
adjustments according to
by Entities Other than Natural Persons
union-negotiated agreements.
-​ By a labor organization: Liability ●​ Lockout or Closure: Threatening or
falls on officers, governing board carrying out a lockout to prevent
members, representatives, agents, employees from exercising their
or members who participated in, rights is considered an unfair labor
authorized, or ratified the act. practice if it's meant to interfere with
-​ By an employer (corporation, their rights.
partnership, association): Officers 2.​ Yellow Dog Contracts:
or agents who participated in, agreement where an employer
authorized, or ratified the ULP are forces workers to promise that they
held criminally liable. won’t join or support a union during
their employment.

Usual Provisions under Yellow

ULP by Employers: Dog Contract

1.​ Interference occurs when an 1.​ A representation by the

employer attempts to coerce or employee that he is not a
restrict employees from exercising member of a labor union;
their right to self-organization. 2.​ A promise by the employee
not to join a labor union; and
Test for Interference: 3.​ A promise by the employee
that, upon joining a labor
-​ An employer’s actions are assessed union, he will quit his
based on whether they reasonably
interfere with employees' right to Employment.
organize, even if there's no direct
LABOR RELATIONS REVIEWER

3. Contracting Out: If done to 3.​ Refusal to Bargain: Failing

undermine union rights. Contracting out to negotiate in good faith.
services is not illegal by itself; it's 4.​ Featherbedding:
considered an exercise of business Demanding pay for
judgment or management prerogative. unnecessary work.

4.Company Domination of Union- Union Security Clauses

when an employer initiates, controls,
assists, or interferes with the formation or ●​ Closed Shop: Only union members
operation of a labor union, including may be employed.
providing financial or other support to the ●​ Union Shop: Employees must join
union or its members. the union after a certain period.
●​ Maintenance of Membership:
5. Discrimination for or against Union members must remain as
union membership In employment such to keep employment.
●​ Agency Shop: Non-union
terms to encourage/discourage union
employees must pay fees to the
membership.
union.
6. Discrimination because of ●​ Modified Union Shop:
Non-members at the time of contract
testimony: Against employees who
signing are exempt but new hires
testify in labor proceedings.
must join.

7. Violation of the Duty to Bargain:

Concerted Activities
Failure to negotiate in good faith.
●​ Strike: Work stoppage due to a
8. Paid Negotiation: Paying union labor dispute.
officers for collective bargaining. ○​ Legal Strike: Based on ULP
or collective bargaining
9. Violation of CBA: Gross refusal to deadlock.
comply with economic provisions. ○​ Illegal Strike: If conducted
improperly or for prohibited
reasons.
●​ Lockout: Employer-initiated work
ULP by Labor Organizations:​
stoppage due to labor disputes.
●​ Procedural Requirements for
1.​ Restraint or Coercion: Strikes/Lockouts:
Forcing employees to join a ○​ Notice of strike/lockout (30
union or strike. days for bargaining deadlock,
2.​ Union-Induced 15 days for ULP)
Discrimination: Forcing an ○​ Cooling-off period
employer to discriminate ○​ Strike/lockout vote (majority
against employees. of total membership or board
of directors)
LABOR RELATIONS REVIEWER

○​ Strike vote report (submitted

7 days before intended
strike)

Due Process in Union Security

Enforcement

●​ Employers must comply with

procedural due process before
terminating employees under union
security clauses:
1.​ The union must request
enforcement of the clause.
2.​ There must be sufficient
evidence supporting the
union’s decision.
3.​ Employees must receive
notice and be given a
chance to explain.
4.​ Employers must conduct a
separate investigation
before dismissal.

VIII. Government Intervention in

Labor Disputes

●​ Assumption of Jurisdiction: The

Secretary of Labor can assume
jurisdiction over disputes affecting
national interest, making
strikes/lockouts illegal.
●​ Compulsory Arbitration: The
government may compel arbitration
in labor disputes.
●​ Labor-Management Councils:
Established in companies to
promote labor participation in
policymaking.
LABOR RELATIONS REVIEWER

True or False Questions: 13.​A ‘closed shop’ arrangement means

that only union members can be
1.​ All employees, including managerial hired by a company.
and confidential employees, have 14.​Discrimination in employment
the right to join a labor union. conditions based on union
2.​ Supervisory employees can join the membership is considered an unfair
collective bargaining unit of labor practice.
rank-and-file employees. 15.​Employers cannot contract out work
3.​ A collective bargaining agreement if it interferes with employees’ rights
(CBA) is binding only to union to self-organization.
members within the bargaining unit. 16.​A company’s refusal to make
4.​ The purpose of collective bargaining counter-proposals in collective
is to guarantee an agreement bargaining negotiations can be
between the employer and considered bad faith.
employees. 17.​Union members are required to
5.​ An employer is guilty of an unfair participate in strikes declared by
labor practice (ULP) if they interfere their labor organization.
with an employee’s right to 18.​The ‘Totality of Conduct Doctrine’
self-organization. evaluates employer conduct in
6.​ A ‘yellow dog contract’ refers to an isolation from other actions.
agreement where employees must 19.​A ‘bargaining unit’ consists of
join a labor union as a condition of employees who share mutual
employment. interests within an employer unit.
7.​ Confidential employees are allowed 20.​A ‘union shop’ requires all newly
to join labor organizations under hired employees to join the labor
certain circumstances. union within a certain period to
8.​ The right to self-organization maintain employment.
includes the right not to join a labor
union. Answers
9.​ The law sets a specific maximum
number of bargaining units that can 1.​ False – Managerial and confidential
exist within an employer unit. employees are excluded from joining
10.​A strike is only legal if it is related to labor unions.
unfair labor practices or a collective 2.​ False – Supervisory employees
bargaining deadlock. cannot join the collective bargaining
11.​Featherbedding refers to an unit of rank-and-file employees but
employer’s refusal to hire employees may form their own unions.
based on union membership. 3.​ False – A CBA extends to all
12.​Employers are allowed to pay employees within the bargaining
negotiation fees to union officers as unit, including non-union members.
part of a collective bargaining 4.​ False – The purpose of collective
agreement settlement. bargaining is to reach an agreement,
but the law does not compel parties
to agree.
LABOR RELATIONS REVIEWER

5.​ True – Employers who interfere with 17.​False – Employees are not legally
an employee’s right to required to participate in strikes
self-organization commit an unfair declared by their labor organization.
labor practice (ULP). 18.​False – The Totality of Conduct
6.​ False – A ‘yellow dog contract’ is an Doctrine evaluates employer
agreement where employees are conduct in conjunction with other
required not to join a union as a actions, not in isolation.
condition of employment. 19.​True – A bargaining unit consists of
7.​ False – Confidential employees employees who share mutual
cannot join labor organizations interests within an employer unit.
under the doctrine of necessary 20.​True – In a ‘union shop,’ all newly
implication. hired employees must join the union
8.​ True – Employees have the right to within a specified period to maintain
join or abstain from joining a labor employment.
union.
9.​ False – The law does not fix a
maximum or minimum number of
bargaining units.
10.​True – Strikes are legal only when
based on unfair labor practices or
collective bargaining deadlocks.
11.​False – Featherbedding refers to the
practice of creating unnecessary
jobs or work to increase
employment.
12.​False – Employers cannot pay
negotiation fees to union officers, as
this is considered an unfair labor
practice.
13.​True – A ‘closed shop’ means that
only union members can be hired
and must remain members to retain
employment.
14.​True – Discriminating against
employees based on union
membership is considered an unfair
labor practice.
15.​True – Employers cannot contract
out work if it interferes with
employees’ rights to
self-organization.
16.​True – A company’s refusal to make
counter-proposals in negotiations
may indicate bad faith bargaining.