1. Concepts Lockout – refers to the temporary refusal of an employer to furnish work as a result of a labor or industrial dispute. (No. 20, Rule III, 2017 Revised NCMB Manual of Procedures for Conciliation and Prevention Mediation Cases) Lockout vote – refers to the majority vote of the members of the Board of…
1. Concepts “Strike” – means any temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute. (Article 219[o], P.D. 442, Labor Code) To strike is to withhold or to stop work by the concerted action of employees as a result of an industrial or labor dispute….
1. Concepts “Voluntary arbitration” – refers to the mode of settling labor-management disputes by which the parties select a competent, trained and impartial persons who shall decide on the merits of the case and whose decisions is final, executory and unappealable. (Section 1[d], NCMB Procedural Guidelines in the Conduct of Voluntary Arbitration Proceedings) “Voluntary Arbitrator”…
1. Concepts Grievance machinery – refers to a system of resolving grievances aired by employees, including but not limited to, issues arising from the interpretation or implementation of their Collective Bargaining Agreement and those arising from the interpretation or enforcement of company personnel policies, as well as those that may be stipulated in the Collective…
The workers in a bargaining unit have the right to choose their sole and exclusive bargaining agent through the process of certification election. Summary ▪ The certification election determines who will be the sole and exclusive bargaining agent in an organized establishment, particularly if there is more than one (1) legitimate labor organization. ▪ A…
The duty to bargain in good faith is mandated on both the employer and the employee’s sole and exclusive bargaining agent, whether or not there exists a collective bargaining agreement. Summary ▪ In the context of labor relations, the employer and the workers’ bargaining unit has the duty to bargain collectively. ▪ There is duty…
A bargaining unit is a group of employees sought to be represented by a petitioning union. There are several factors to determine the bargaining unit. 1. Concept “Bargaining Unit” – refers to a group of employees sharing mutual interests within a given employer unit, comprised of all or less than all of the entire body…
Legitimate labor organizations refer to labor organizations that registered with the Department of Labor and Employment (DOLE). 2. Concept “Legitimate Labor Organization” – refers to any labor organization in the private sector registered or reported with the Department in accordance with Rules III and IV of [DOLE Department Order No. 40-03]. (Section 1[ff], Rule I,…
A labor organization is any union or association of employees which exists in whole or in part for the purpose of collective bargaining or of dealing with employers concerning terms and conditions of employment 1. Concept “Labor Organization” – refers to any union or association of employees in the private sector which exists in whole…
Unfair labor practices are those which interfere with the employee’s right to self-organization and which may be committed either by the employer or a labor organization. 1. Summary ▪ Unfair labor practices are specific offenses against the right to self-organization of workers or employees. ▪ There are civil and criminal liabilities for those who commit…