Managerial employee - vested with powers or
prerogatives to lay down and execute management
policies and/or to hire, transfer, suspend, lay-off, recall,
discharge, assign or disciple employees.
Supervisory employees - those who in the interest of
the employer, effectively recommend such managerial
actions if the exercise of such authority is not merely
routinary or clerical in nature but requires the use of
independent judgment
Labor Organization - any union or association of
employees in the private sector which exists in whole or
in part for the purpose of collective bargaining or for
dealingwith employers concerning terms and conditions
of employment.
Collective bargaining - democratic framework to
stabilize the relation between labor and management to
create a climate of sound and stable industrial peace
Collective Bargaining Agreement (CBA)
- 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 under such agreement
Exclusive Bargaining Representative - any legitimate
labor organization duly recognized or certified as the
sole and exclusive voluntary of all the employees in a
bargaining unit." The bargaining representative of the
employees is an entity - the union - and not the officers
of the union. The entity remains though the officers are
changed.
The collective bargaining should begin within the 12
months following the determination and certification of
the employees' exclusive bargaining representative.
This period is known as the "certification year."
The duty to bargain collectively means the
performance of a mutual obligation to meet and
convene promptly and expeditiously in good faith for the
purpose of negotiating an agreement with respect to
wages, hours of work and all other terms and conditions
of employment including proposals for adjusting any
grievances or questions arising under such agreement
and executing a contract incorporating such
agreements if requested by either party but such duty
does not compel any party to agree to a proposal or to
make any concession. (without the mandatory subjects, CBA is invalid
and not bargaining in good faith)
- When there is a collective bargaining
agreement, the duty to bargain collectively shall
also mean that neither party shall terminate nor
modify such agreement during its lifetime(5 years).
- either party can serve a written notice to
terminate or modify the agreement at least sixty
(60) days prior to its expiration date. It shall be
the duty of both parties to keep the status quo
and to continue in full force and effect the terms
and conditions of the existing agreement during
the 60-day period and/or until a new agreement
is reached by the parties.
- No notice during 60 days – automatic renewal
valid for 5 years
The automatic renewal clause of Collective
Bargaining Agreements means that although a CBA has
expired, it continues to have legal effects as between
the parties until a new CBA has been entered into. This
is so because the law makes it a duty of the parties to
keep the status quo and to continue in full effect the
terms and conditions of the existing agreement until a
new agreement is reached by the parties
Pending renewal of the CBA, the parties are bound to
keep the status quo and to treat the terms and
conditions embodied therein still in full force and effect,
until a new agreement is reached by the union and
management.
Impasse - reasonable effort at good-faith bargaining
which, despite noble intentions, does not conclude in an
agreement between the parties
- exists when good faith bargaining on the part of
the parties has failed to resolve the issue and
there are no definite plans for further efforts to
break deadlock.
Deadlock - signals rather the need to continue the
bargaining with the assistance of a third party as
conciliator or arbitrator whose first aim is to get the
parties back to the negotiating table and help them craft
a win-win solution.
Surface Bargaining - sophisticated pretense in the
form of apparent bargaining, does not satisfy the
statutory duty to bargain, not negotiating on the
mandatory subjects
- - going through the motions of negotiating”
without any legal intent to reach an agreement.
The determination of whether a party has
engaged in unlawful surface bargaining is a
question of the intent of the party in question,
which can only be inferred from the totality of
the challenged party’s conduct both at and
away from the bargaining table. It involves the
question of whether an employer’s conduct
demonstrates an unwillingness to bargain in
good faith or is merely hard bargaining
Blue-Sky Bargaining - “unrealistic and unreasonable
demands in negotiations by either or both labor and
management, where neither concedes anything and
demands the impossible”
Boulwarism – take-it-or-leave-it bargaining
Horse Trading Approach – each side eventually
compromising initial unreasonable positions, it
advertised its initial proposals as fair and firm
Principle of hold over - in the absence of a new CBA,
the parties must maintain the status quo and must
continue in full force and effect the terms and conditions
of the existing agreement until a new agreement is
reached

Collective Bargaining Unit - group of employees
sharing mutual interests within a given employer unit,
comprised of all or less than all of the entire body of
employees in the employer unit or any specific
occupational or geographical grouping within such
employer unit.
Globe Doctrine - The desires of the employees are
relevant to the determination of the appropriate
bargaining unit. The relevancy of the wishes of the
employees concerning their inclusion or exclusion from
a proposed bargaining unit is inherent in the basic right
to self-organization. While the desires of employees
with respect to their inclusion in bargaining unit is not
controlling, it is a factor which would be taken into
consideration in reaching a decision.
Community of Interest Rule states that in choosing
the appropriate bargaining unit, there must be a
determination of the community of interests of
employees. The test grouping is community or mutuality
of interests, such as substantial similarity of works and
duties or of compensation and working conditions,
because the basic test of an asserted bargaining unit’s
acceptability is whether or not it is fundamentally the
combination which will best assure to all employees the
exercise of their collective bargaining rights.
There is voluntary recognition when in an
unorganized establishment with only one legitimate
labor organization, the employer voluntarily recognizes
the representation status of such as a union. Within 30
days from such recognition, the employer and union
shall submit a notice of voluntary recognition with the
Regional Office of the Department of Labor and
Employment which issued the recognized labor union’s
certificate of registration or certificate of creation of a
chartered local.
SEBA Certification - process where a union requests
the DOLE regional director to recognize and certify the
union as the sole and exclusive bargaining agent
(SEBA) of the bargaining unit it purports to represent to
negotiate a CBA with the employer
Certification Election - 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.
- directly involve only two issues: (a) proper
composition and constituency of the bargaining
unit; and (b) veracity of majority membership
claims of the competing unions so as to identify
the one union that will serve as the bargaining
representative of the entire bargaining unit But
some of the employees may not want to have a
union; hence, "No Union" is one of the choices
("candidates") named in the ballot. If "No Union"
wins, the company or the bargaining unit
remains ununionized for at least 12 months, the
period known as the 12-month bar. After that
period, a petition for a CE may be filed again.
Consent Election - election voluntarily agreed upon by
the parties to determine the issue of majority
representation of all the workers in the appropriate
collective bargaining unit.
Union Election - object is to elect officers of the union
Election Bar - The 12-month Bar - filing of a petition
within one (1) year from the date of recording of the
voluntary recognition, or within the same period from a
valid certification, consent or run-off election where no
appeal on the results of the certification, consent or run-
off election is pending.
- Existing CBA - filing the petition before or after
the freedom period of a duly registered
collective bargaining agreement; provided that
the sixty-day period based on the original
collective bargaining agreement shall not be
affected by any amendment, extension or
renewal of the collective bargaining agreement.
Contract Bar Rule
- The contract bar doctrine provides that once a
contract is executed, the National Labor
Relations Board (NLRB) generally does not
permit a representation election in the unit
covered by the contract until the contract
expires up to a 3 year limit. This rule applies to
a petition by another union to represent the
employees, a petition filed by the employees to
decertify, or a petition filed by the employer. The
contract bar doctrine is followed in determining
whether or not an existing collective-bargaining
contract will bar an election.
- refers to the existence of CBA. Whre there is an
existing CBA which has been duly registered, a
petition for CE may be filed, as already
explained, only within the “freedom”period”
which is the last 60 days of the fifth year of the
CBA.
Deadlock Bar - a petition for certification election can
only be entertained if there is no pending bargaining
deadlock submitted to conciliation or arbitration or had
become the subject of a valid notice of strike or lockout.
The principal purpose is to ensure stability in the
relationship of the workers and the management.
Negotiation Bar - duly recognized or certified union has
commenced negotiation with the employer within the
one year period mentioned above, and the negotiation
is on-going
Artificial Deadlock — a deadlock prearranged or
preserved by collusion of the employer and the majority
union — is deception of the workers, hence, not a
barrier to a petition for a C.E.
Freedom Period – time when unions are legally
allowed to challenge openly and formally the statue of a
union as the exclusive bargaining representative. Also
during that time switching of allegiance among union
members or among affiliates or chapters may be done
without risking a charge of disloyalty under the union by-
laws of the CBA’s union security clause
- last 60 days of the CBA’s 5th year of th
representational aspect.
Notice Period – proper time to propose modifications
to the existing CBA
- Modifying, renegotiating the CBA provisions
other than representational, also called
economic provisions
Run-off Election - election between the labor unions
receiving the 2 higher number of voters when a
certification election which provides for 3 or more
choices results in no choice receiving a majority of the
valid votes cast, where the total number of votes for all
contending unions is at least 50% of the number of
votes cast.
- Within ten (10) days from the close of the
election proceedings between the labor unions
receiving the two highest number of votes;
provided, that the total number of votes for all
contending unions is at least fifty (50%) percent
of the number of votes cast.
- "No Union" shall not be a choice in the run-off
election.
- Notice of run-off elections shall be posted by the
Election Officer at least five (5) days before the
actual date of run-off election
Certification year bar (One year bar rule) - No petition
for C. E. may be filed within one year from the date of a
valid certification, consent, or run-off election or from the
date of entry of a voluntary recognition of the union by
the employer.
Hold-over Rule - It is a rule which declares that in the
absence of an express or implied constitutional or
statutory provisions prohibiting hold-over, an officer is
entitled to hold office until his successor is appointed
and qualified. This rule prevents disruption of public
service in the meantime that a successor is not yet
appointed and qualified to assume the functions of the
office.
Consent Election - voluntarily agreed upon by the
parties, with or without the intervention of the
Department
Zipper Clause - stipulation in a CBA indicating that
issues that could have been negotiated upon but not
contained in the CBA cannot be raised for negotiation
when the CBA is already in effect
Wiley Doctrine - The disappearance by merger of a
corporate employer which has entered into a collective
bargaining agreement with a union does not
automatically terminate all rights of the employees
covered by the agreement, even though the merger is
for genuine business reasons.
Substitutionary" Doctrine – states that even during
the existence of a collective bargaining agreement
executed between the employer and the employees
through their agent, the employees can change the said
agent but the contract continues to bind them up into its
expiration date. According to the doctrine, the
employees cannot revoke the validly executed
collective bargaining contract with their employer by the
simple expedient of changing their bargaining agent. In
the event, the new agent must respect the earlier
contract.
Grievances - Any question by either the employer or
the union regarding the interpretation or application of
the collective bargaining agreement or company
personnel policies or any claim by either party that the
other party is violating any provision of the CBA or
company personnel policies
Yellow Dog Contract - A promise exacted from
workers or prospective employees that they will not
belong to, or form, a union during their employment.
Unless the promise is given, the worker will not be hired,
or if already hired will lose his job.
Union-busting - To interfere with, restrain or coerce
employees in the exercise of their right to self-
organization.
Run-away shop - An industrial plant moved by its
owners frgom one location to another to escape union
labor regulations, or state laws, but the term is also used
to describe a plant removed to anew location in order to
discriminate against employees at the old plant because
of their union activities.
Union Shop: Requirements of union shop are:
1. the labor union must be the employee’s
bargaining representative, pursuant to the
manner of designation or selection
2. the union shop arrangement must be entered
into by mutual agreement; and
3. the conditions of the union shop arrangement
must be expressed unequivocally in the labor
contract.
Featherbedding - Is the name given to employee
practices which create or spread employment by
unnecessarily maintaining or increasing the number of
employees used, or the amount of time consumed, to
work on a particular job.
Bargaining in good faith - A fair criterion of good faith
in collective bargaining requires that the parties involved
deal with each other with open and fair mind and
sincerely endeavor to overcome obstacles or difficulties
existing between them to the end that employment
relations may be established and obstruction to the free
flow of commerce prevented.
Boulwarism- making a proposal which is not subject to
bargaining. In effect there was to be no bargaining and
the union was rendered ineffective or irrelevant. The
company dealt with the union through the employees
rather than with the employees through the union.
Bystander Rule - In bystander rule in certification
election, the employer is regarded as nothing more than
a bystander with no right to interfere at all in the election,
the same being the sole concern of the workers.
A company union is a union of employees dominated
or under the control of the employer of said employees.
A union shop - refers to a union security clause in a
collective bargaining agreement whereby the employer
agrees to terminate the employment of an employee
who has not become a "member of the union which Is
the exclusive collective bargaining representative of the
employees in a bargaining unit within a certain period
after the employment of said employee or has ceased
to become a union member.
Lockout refers to the temporary refusal of an employer
to furnish work as a result of a labor or Industrial dispute.
Closed shop - refers to a union security clause in a
collective bargaining agreement whereby the employer
agrees not to employ any person who is not a member
of the exclusive collective bargaining representative of
the employees in a bargaining unit.
Labor dispute includes any controversy or matter
concerning terms or conditions of employment or the
association or representation of persons in negotiating,
fixing, maintaining, changing or arranging the terms and
conditions of employment regardless of whether the
disputants stand in the proximate relations of employer
and employee.
Unfair labor practice means any unfair labor practice
as expressly defined by the Labor Code. Essentially, an
unfair labor practice is any act committed by an
employer or by a labor organization, its officers, agents
or representatives which has the effect of preventing the
full exercise by employees of their rights to self-
organization and collective bargaining.
What is Collective Bargaining?
It is a process where the parties agree to fix and
administer terms and conditions of employment which
must not be below the minimum standards fixed by law,
and set a mechanism for resolving their grievances.
What is Collective Bargaining Agreement (CBA)?
It is 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 under such agreement.
.What is the freedom period?
It refers to the last sixty days immediately preceding the
expiration of the five-year CBA. A petition for
certification election may be filed during the freedom
period.
An appropriate bargaining unit is defined as a group of
employees of a given employer, comprised of all or less than
all of the entire body of employees, which the collective
interest of all the employees, consistent with equity to the
employer, indicate to be best suited to serve the reciprocal
rights and duties of the parties under the collective
bargaining provisions of the law
The community of interest rule is the standard used in
determining the constituency of an appropriate
bargaining unit. This is particularly relevant in an
establishment with more than one branch. The rule
states that in determining the constituency of an
appropriate bargaining unit, the mutuality or
community of interests is taken into consideration.
Employees sharing mutual interests belong to one
bargaining unit, whether they belong to the same
branch of an establishment or to different branches.
"Run-Off" refers to an election between the labor unions
receiving the two (2) higher number of voters when a
certification election which provides for three (3) or more
choices results in no choice receiving a majority of the
valid votes cast, where the total number of votes for all
contending unions is at least fifty percent (50%) of the
number of votes cast.
Under the "CONTRACT BAR RULE," a certification
election cannot be held if there is in force and in effect
a collective bargaining agreement that has been duly
registered with the Department of Labor and
Employment except during the freedom period of such
CBA which is the 60-day period prior to the expiry date
of said CBA.
Under the "DEADLOCK BAR RULE" a certification
election can not be held if a bargaining deadlock to
which an incumbent or certified bargaining agent is a
party had been submitted to conciliation or mediation or
had become the subject of a valid notice of strike or
lockout.
Doctrine: Unfair labor practice is committed when it is
shown that the respondent employer, after having been
served with a written bargaining proposal by the
petitioning Union, did not even bother to submit an
answer or reply to the said proposal.
A union security clause is a provision in
a union contract requiring employees, as a condition
of employment, to maintain union membership or
pay union dues or requiring an employer to check off
dues from employees' wages.
A runaway shop is defined as an industrial plant moved by its
owners from one location to another to escape union labor
regulations or state laws, but the term is also used to
describe a plant removed to a new location in order to
discriminate against employees at the old plant because of
their union activities.[14] It is one wherein the employer
moves its business to another location or it temporarily
closes its business for anti-union purposes.[15] A runaway
shop in this sense, is a relocation motivated by anti-
union animus rather than for business reasons
. STRIKE – means any temporary stoppage of work by
the concerted action of the employees as a result of an
industrial orlabor dispute.

Featherbedding – name given to employee practices which

create or spread employment by “unnecessarily”
maintaining or increasing the number of employees used, or
the amount of time consumed to work on a particular job.

1. to ask for or accept negotiations or attorney’s fees from

employers as part of the settlement

2. to violate the CBA