- BOOK FIVE: LABOR RELATIONS RODUCTION fF Relations is the inleractions between the oyer and employees or their representatives gra the mechanism by which the standards and diner terms and conditions of employment are. regotaied, adjusted and enforced (2 AZUCENA, Se Labor Code with Comments and Cases, 8 Ediion (2013), p. 12) {hersinatter 2 AZUCENAy, Labor Relations Laws define the status, rights, and duties and the institutional mechanisms thal am the individual and collective interactions of employers, employees or their representatives Note: Absent ari’employer-employee relation, there i no labor relation 10 speak of. If there is no emphyeremployee. ‘felationship between . the partes, there is mo basis for organizing “for. purposes of collective bargaining, : Labor Relations may be distinguished from_Labor. ‘Standards in that the latter is thal pert of labor law which prescribes the minimum terms and conditions of employment which tite emplayersis required to grant to its employees. || \ ) 3 TITLE ONE: POLICY AND DEFINITIONS CHAPTER |. GENERAL PROVISIONS =| ARTICLE 218: DECLARATION OF POLICY Collective bargaining process is passible anly when there is a labor organization: =< 4. tabor union; or ¥ 2 Employee association. “~” A Labor relations policy under the’ Labor Cade is embodied in See. 3, Ar. Xil_ of the 1987 Constitution which guarantees to-all: workers their tight, among others, to: * 1 Sel cuanictons mark lective bargaining and negotiations, Peaceful and congerted activites indudity the fight to strike in accordance with law; and Patticipate in policy and decision-making Processes affecting their rights and benefte 35 May be provided by law. a en Senrcartecnacrie————# ce MARLA REGGTEL IHN $. DIONISIO over- MARITON CARATGANDO, GOLANGCO, Ad chipereen, LAN DAVID M. JUANICO swhles! She Eig ALEXVI CHRISTIE G. THERESA ssoperson for academic operations, M, _APOLINAY UMULAK, CAROLYN NUEVECO, ISON Cewts p."ONG chuirpenon for sublet nes MINA 'M- CARLING, MARION J. MANUEL, Feasn Perm eTTesom for ESPINA, Meher Shor TANARL, DIOMDELIA wrretan § ae EI vie JeTH NYC: . WERG: Mal ee ca ECE oem a NA Satan athe SEC Gee champereea fer eectrouie dat > special laws CANTLLEANNALYN epee Pra A legislation and epee NM. TOMARONG Og PATRICK STEPHEN M. Ct MAICAH fipessan for logjstics na Tern AMTFILO.viow-chatrpersom a On the other hand, Labor Relations Policy under Art. 218 of the Labor Code provides for: 1. Free collective bargaining and negotiations, inciding voluntary arbitration, mediation and Conciliation, as modes of setting \abor or industrial disputes; Free trade unionism; Froe and voluntary organization: Enlightenment of workers conceming their rights and obligations: Adequate administrative machinery; Stable but dynamic and just industrial peace, Participation of workers in decision and policy making processes affecting their rights, duties and welfare; and 8. Truly democratic method of regulating the relation between employers and employees. sen Nee ie8 to Labor Ratations Cases: Employee's organization; 2. Management; é ‘The pubtic ~ aiways.t0 be conisidered in dispute ‘between labor and capital, and it has been held {Oi" that the “‘rigfits of the general public are paramount;and 4. The State.* ¥ Note: Employer and employees are active parties white the public and the state are passive parties (2 POQUIZ, Labor Refations Law with Notes and Comments, (2006), p.3} frereinafter 2 POQUIZ]. Principle of Non-Oppression mandates capital ‘and labor not te. act oppressively against each other for impair the intorest and convenience of the public. + The:protection to ‘abor clause in the Constiution is not designed to oppress or destroy capital (Capill v. NLRC, GR. No..497378, March 26, 1997). ‘Adigla 218.01 the Labor Code mentions conciliation, mediation and voluntary arbitration as “akemative o=="mades of setttement of labor dispute,” to the more: acvargaral strikes, lockouls or any mass concerted _ Beton. Conciliation is @ process where a disinterested thitd party meets with management and labor. at their request of otnenwise, during a labor dispute or + jin collective bargaining conference wherein by cooling tempers, aids the parties in Toaching an agreament.lecdiat rty studies. ocess where a third par Meda aps aa sults» opeen the dispulants to consider. But a modiator car make an award or render a decision. fers to an Entry Approach {SEnA) tet i ndont presen je prove a spend, impart sive and acces them fron ripening into full blown disputes (For thorough ciscussion, see Rules of Procedure of the Singts Entry Approach). Arbitration is the submission of a dispute fo an iimpartat person for determination on the basis of evidence and arguments of the parties. The arbiter's decision or award is enforceab'e upon the cisputents. This maybe either » voluntary or compulsory. g S further discussion of Artclo See Article 266; “te 218(a). <= CHAPTERU. DEFINITIONS =O] ARTICLE 219: DEFINITIONS Employer inchides: =~, One who emptoys the services of Ganer for whom employees work and who pays their Wages or salaries (Feat ‘University v. Bautista, GR. No. t-21278, Decernber 27, 1966); or Any person acting in ithe interest ef an. ‘one employer, directly or indirectly. The tam does.” Rot include @ labor orgarization or any af te officers and agents, except when acting as an ‘act that respondent is a _ The tenn shalt not of @ particular explicitly states. be limited to the empto eS employer unless the Code SAN Bea COLLEGE OF Law 382016 CenTRALiZEO Ban OreraTions AN & Betetatiby any act defined “aS ULP under te | LEG a piguet Types of Employees under the Labor Codg | 4. Managerial; 2. Supervisory: and 3, Rank-and-file. Labor Organization is any wiion ot associ employees which exists in whole or in Part oe purpose of collective bargaining with os te @ conceming terms and conditions of. empiyag® Legitimate Labor Organization (LL0} 6 ay, | arganization which iS duly registered wh fe the term includes a localchapter directly ch } by a leptimate federation or naticnal union has been duly reported to the one accordance with Section 2, Rulo Vl, Bok Val | Implementing Rules (See notes undor aay 96 | and 287 of the Labor Coda) ; thief ==Comipany Union is any labor organization function or administration has bee | formation, Coxe \ ' coe PA he } Bargaining Representstivé means o \sjtinas Jabor Organization whether or not employed by te employer. Labor Dispute incites any controversy or matir | concerning: r { 4. Terms or. Conditions of employment; or 2 Association or representation of ‘persom A Negotiating, fixiag, maintaining, changing « arranging the, terms and conditions 2,3 employment regardless of whether te | °y [Sisputants stand in the proximate relator & “employer and. employee. Test a; Weiner; # involves or concerns tens Fee o"S.SF snployment, or representation (5 Com.” Empioyeos Union-PTGWO * “srsantira, @R-No. 87700, June 13, 1990). iB¥en: the “question of empioyer-employee ee “onship can be considered a “labor displ Noted: A labor dispute ia diferent fromm an ft Corporate dispute which arises from int catporats relations: relationshigs beret a among stockholders: or the relationships be" ¥ the ‘stockrolders and the corporation (GH Ancheta, G.R No, 175301, august 15, 2012) Types of Labor Disputes 1. Labor Standarss Disputes (WBC) Working hazards); i Benefits (e.g nonpayment of noley | overtime pay or other benefits): 200 rected ¥* Sonditions (e.g. um—— pensation (8.9. underpayment of & Fiimum wage, Stinger oulput quote jnogal nay deductions). lations Disputes (TRO-BC) 2 vase Revment Tenure disputes (e.g. non. * (eqlenzation of | empfoyaes, — itlega| fernination, non-issuance of employment contract): . resentation sisputes (eg. Glemnation of the collective bargaining ont, ULP, sirke, uncertainty as to determination of the sole and exctusive bargaining agent of the employses in an appropriate bargaining unit which is ine majority union}: Qrgenizational right dispute/untarr fabor pracice (€9. COBrCiOn, restrain! or ieterteronca in unionization efforts. reprisal ot discrimination Gus to union activites: company unionism): Bargaining disputes (e.¢. refusal toba’yddn| [> (WLP), bargaining~ deadiock, economic’ * sinka or lockout;end 4&3 VE Gontract administration or personnel policy disputes (e.g. noncompliance wih CBA” = provisions (ULP-if-gross flon-comphance with economic provers); cistegard. of gievance machingiy; vidletidn Parties to a Dispute \. Primary Parties a. Employer; b. Employees; and & Union. 2 Secondary Parties & Voluntary arbitrator, = 9 x b, Agencies of DOLE (BER, VAG): & NRG; oa $. Secretary of Labor, and: ®. Office of the President. = LABOR RELATIONS Mediation; Review by Court; enciation: Gompromisa Agreement: Certficaton to NLRC: Erforcorent Compliance Order: fication ing Represen eer ncn, Sd Reser Arbitravcn (Volunary or Compulsory) 1. Assumption af dunsdasons Panom! Appeal; and Imunetion. Voluntary Arbitrator (ANCA) 1. Any person Accredited by the Board as such; 2 Any person Named or designated in the CBA by the parties to act as their Voluntary Arbitrator, 8 One Ghosen with or without the assistance of the NationalConcitiation and Mediation Board ‘Bursuent to @ Selection procedure agreed upon in the CBA;-ar ade {APY official that may be Authonzed by the 5 - Secretary of Labor to actas Voluntary Arbitrator 2 “upen the writen request and agreement of the parties to a labor diepute. TITLE TWO, NATIONAL LABOR RELATIONS COMMISSION =~ SepNegsen a CHAPTER |. CREATION AND COMPOSITION ARTICLE 220: NATIONAL LABOR RELATIONS ‘COMMISSION (NLAC} + (tis an atiminstrative body wih quasi-judicial functions. ahd the principat government agency that * “hears and decides labor-management disputes: ‘allached ‘to the OLE for program and policy {panordingtion only: & TY Combesition 4" One (1) Caiman: and Sex", Twenty-three (23) Members. Managoriad €; ead jsion.- foyee is one who ts véstad With. DMI tl ist Domes oF pretoyetves 10 lay down and-execuie There: “are eight (8) divisions with tes 8 Srgiirent oleies andior to tire, transfer OME Cot member as Pres Ia i oF 5 fogarty off, recall, discharge, assign ES sone ne-employees, 8 neex*ory Employees are those wto, in the teh sof tte employer, effectively recommend Anggg meetal actions if the exercise of such Srey R0lIneraly routinary oF clerical in mature ‘ the use of independent judantent. ay inger f8 Hot falling within any of the above re rank-and-file employees. 4 "sin Lang A Srey or Disputes {GMRC*IA*l) Mange Posedues siding Commisioners sie Gremmen and the seven (7) remaining mempers shall come from the public sector, with {To tatter to be chosen preferably from among the Incumbent Labor Arbiters. Members ; maining este in the division shall be The wo romatter chosen only from among the et 2 ee cof i) the Woxkers’ and (2) he employers organizalions. Sats BEDA COLLEGE OF LAW. 2016 CENTRALIZED Bar OPERATIONS 89