The contract-bar doctrine states that once an employer and a union agree to a collective bargaining agreement, the employer, employees or any other union cannot challenge the union’s status as a majority representative until either the collective bargaining agreement expires or three years pass, whichever is earlier, …
What are the exceptions of the contract bar rule?
Following are examples of contracts that will not bar an election: It is not in writing. It isn’t signed. It hasn’t been ratified by the union or the members.
What is Section 7 of the National Labor Relations Act?
Section 7 of the National Labor Relations Act (the Act) guarantees employees “the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other …
What is contract bar rule in labor law in the Philippines?
The contract bar doctrine is the rule that once a collective bargaining agreement is executed, no representative elections are permitted for that bargaining unit for up to three years. This includes barring rival union petitions during that period as well.
What is certification election?
(h) “Certification Election” or “Consent Election” refers to 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.
What is blue sky bargaining?
Blue-Sky Bargaining is defined as “unrealistic and unreasonable demands in negotiations by either or both labor and management, where neither concedes anything and demands the impossible.” It actually is not collective bargaining at all.
What is the freedom period?
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.
What is substitutionary doctrine?
Substitutionary doctrine refers to a principle in labor law which 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.
Who may file a petition for certification election?
RULE VIII CERTIFICATION ELECTION Page 4 Section 1. Who May File. – 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, may file a petition for certification election.
What are your Weingarten rights?
Among the rights protected by Section 7 is the right of union-represented employees, upon request, to have their representative present during an interview that the employee reasonably believes could lead to discipline. This right was first articulated by the Supreme Court in the case, NLRB v. J.
What is Labour Relations Act 66 of 1995?
This Act regulates the organisational rights of trade unions and promotes and facilitates collective bargaining at the workplace and at sectoral level. It also deals with strikes and lockouts, workplace forums and alternative dispute resolution.
What are the three basic rights of workers?
What are the three basic rights of workers?
- Right to be paid equally: Gender inequalities are bound to happen in organizations and at times women are underpaid than men.
- Right to be paid the minimum wages for organised and scheduled Work:
- Basic rights of employees to recover the unpaid wages:
- Factory Act:
- Right to get earned leave:
- Right to know of termination:
Can the employer file a certification election?
When requested to bargain collectively IN A BARGAINING UNIT WHERE NO REGISTERED COLLECTIVE BARGAINING AGREEMENT EXISTS, an employer may file a petition for certification election with the Regional Office.
Can a no union win in a certification election?
If no union wins, then there is no SEBA, the other unions are only allowed to file for new certification election after the one (1) year statutory bar rule, unless the conduct of re-run or run-off election is justified.
What is Seba certification?
Sole and exclusive bargaining agent (SEBA) refers to a legitimate labor union duly certified as the sole and exclusive bargaining representative or agent of all the employees in a collective bargaining unit (CBU).
Can a probationary employee vote in certification elections?
The provision in the CBA disqualifying probationary employees from voting cannot override the Constitutionally-protected right of workers to self-organization, as well as the provisions of the Labor Code and its Implementing Rules on certification elections and jurisprudence thereon.
Who conducts the certification election?
An issue before Congress is whether to change the procedures under which a union is certified as the bargaining representative of a union chosen by a majority of workers. Under current law, the National Labor Relations Board (NLRB) conducts a secret ballot election when a petition is filed requesting one.
Can you terminate a regular employee?
The right to security of tenure means that a regular employee shall remain employed unless his or her services are terminated for just or authorized cause and after observance of procedural due process.
What is boulwarism negotiation?
Boulwarism is the tactic of making a “take-it-or-leave-it” offer in a negotiation, with no further concessions or discussion. It was named after General Electric’s former vice president Lemuel Boulware, who promoted the strategy.
Is surface bargaining illegal?
Under U.S. law, it is an unfair labor practice and a breach of the duty to bargain in bad faith. Surface bargaining is barred under the labour law of many countries.
Who can collectively bargain?
The right to collective bargaining is the right of individual employees in a workplace to come together and to choose a representative, based on a majority vote, who will then negotiate with their employer over terms and conditions of employment.
What are the contents of a CBA?
Specifically, a CBA is a contract executed upon incorporating the agreements reached after negotiations with the employer and the exclusive bargaining representative of the employees with respect to wages, hours or work and all other terms and conditions of employment.
Are sweetheart contracts legal?
The Taft-Hartley Act of 1947 outlawed sweetheart agreements. It prevents employers from setting up company-sponsored labor organizations and prohibits unfavorable working conditions through illegitimate collective bargaining relationships.
Is Featherbedding an unfair labor practice?
Featherbedding refers to an unfair labor practice that occurs when a union requires an employer to pay for services they did not perform.
What is collective bargaining agreement Philippines?
(j) “Collective Bargaining Agreement” or “CBA” refers to the contract between a legitimate labor union and the employer concerning wages, hours of work, and all other terms and conditions of employment in a bargaining unit.
On what grounds may a union registration be Cancelled?
The following shall constitute grounds for cancellation of union registration: a. Misrepresentation, false statement or fraud in connection with the adoption or ratification of the constitution and by-laws or amendments thereto, the minutes of ratification and the list of members who took part in the ratification