THREE METHODS OF DETERMINE THE EXCLUSIVE B.

A/ ULP

Matthew 6:33-34 NIV- Trust in God, you will excel in your exams 33 But seek first his kingdom and his
righteousness, and all these things will be given to you as well. 34 Therefore do not worry about
tomorrow, for tomorrow will worry about itself. Each day has enough trouble of its own.

Voluntary Recognition- should be the majority unions as indicated by the facts that members of the
bargaining unit did not object to the projected recognition.

Certification Election- serves as an official, reliable, and demographic basis for the BLR to determine or
name or certify the union that shall represent the employees in bargaining with the employer.

Consent Election- an election voluntarily agreed upon by the contending unions, with or without the
intervention of DOLE, to determine which unions carry the majority of the workers in the appropriate
collective bargaining unit.

GROUNDS TO DENY THE PETITION FOR THE CERTIFICATION ELECTION:

 CONTRACT BAR RULE- PCE may not be filled during the lifetime of an existing CBA.
 LACK OF SUPPORT
 ABSENCE OF EMPLOYMENT RELATIONSHIP- The petition has no legal basis.
 THE 12 MONTH BAR- known as the certification year bar.
 NEGOTIATION/DEAD LOCK- A recognized or certified union has commenced negotiation
with employer within the 12 months end such is ongoing.
 NON-APPEARANCE- If the petitioning union does not appear in two successive
conferences called by the Med-Arbiter
 ILLEGITIMACY: UNREGISTERED UNION- Only an LLO can file a PCE.
 ILLEGITIMACY: NO CHARTER- This ground for dismissing PCE obliges the petitioning
union, local or national to submit a duty-issued charter certified.

WHEN TO FILE A PETITION FOR C.E?

 In unorganized establishments, PCE may be filed anytime.

 In organized establishments, PCE can only be filed within the last 60 days of the fifth year of the
CBA.

WHERE TO FILE PETITION FOR C.E?

 PCE shall be filed with the Regional office which is issued by the petitioning union’s certificate of
registration.
 PCE shall be heard by the Med-Arbiter.

WHO FILES A PETITION FOR C.E?

 A request for PCE in an enterprise may be filed by a registered union OR by an employee.

 If organized establishment- The PCE must be accompanied by at least 25% written support of
the members in the bargaining unit.
 If unorganized establishment- no requirement.
 THREE METHODS OF DETERMINE THE EXCLUSIVE B.A/ ULP

Matthew 6:33-34 NIV- Trust in God, you will excel in your exams 33 But seek first his kingdom and his
righteousness, and all these things will be given to you as well. 34 Therefore do not worry about
tomorrow, for tomorrow will worry about itself. Each day has enough trouble of its own.

PROHIBITED GROUNDS FOR DENIAL OF PCE

 COMMINGLING
 VALIDITY OF REGISTRATION
 AUTHORITY TO DECIDE THE EXISTENCE OF EER- MED ARBITER’S ORDER TO APPEALABLE TO
SOLE.

ULP ACTS OF LABOR ORGANIZATIONS

Violation of the CBA- to constitute ULP, must be a gross violation flagrant and/or malicious refusal to
comply with the economic provisions of the collective bargaining agreement.

Paid Negotiation- A punishable act of ULP for the employer to pay the union or any of its officers or
agents, any negotiation fee or attorney’s fees as part of settlement in collective bargaining or labor
dispute.

Violation of the Duty to Bargain- Violating the duty to bargain amounts to an Unfair Labor Practice.

Discrimination because of Testimony- an employee testifying is enough to constitute a ULP act.

DISCRIMINATION- What the law prohibits under the law is discrimination to encourage or discourage
membership in a labor organization.

 In work quota
 By blacklisting
 Of bonus allocations and salary adjustments
 Indirect discrimination
 In layoff or dismissal

Company Domination of Union- Domination of labor union usually manifests in the following forms:

 Initiation of the company union idea

 Financial support to the union
 Employer encouragement and assistance
 Supervisory assistance

Runaway Shop- Used to describe a plant removed to a new location to discriminate against employees
at the old plant because of their union activities.

Contracting Out- An employer is an unfair labor practice when it is motivated by a desire to prevent the
employees from organizing and selecting an exclusive bargaining representative.
 THREE METHODS OF DETERMINE THE EXCLUSIVE B.A/ ULP

Matthew 6:33-34 NIV- Trust in God, you will excel in your exams 33 But seek first his kingdom and his
righteousness, and all these things will be given to you as well. 34 Therefore do not worry about
tomorrow, for tomorrow will worry about itself. Each day has enough trouble of its own.

Yellow Dog Contract- a promise exacted from workers or prospective employee that they will not
belong to, or form, a union during their employment. Unless the promises is given, the worker will not
be hired, or if already hired, will lose his job.

THE USUAL PROVISIONS FOR EMPLOYMENT, THIS THREE FOLLOWING PROVISIONS:

 A representation by the employee that he is not a member of a labor union.

 A promise by the employee not to join a labor union.
 A promise by the employee that, upon joining a labor union, he will quit his employment.

Totality of Conduct Doctrine- holds that the culpability of an employer’s remarks is to be evaluated not
only based on their implications but against the background of their collateral circumstances.

Interference, Restraint, or Coercion- By the employer may constitute ULP even when it is committed
before the employees’ union is formally registered. The law protects the formation and not only the
existence of unions.

CIVIL ASPECT

 Include liabilities for damages

 Substantial evidence
 Labor Arbiter/ Voluntary Arbitrator

CRIMINAL ASPECT

 To prosecute ULP as a criminal offense is not possible until after finality of judgment in the labor
case.
 Proof beyond Reasonable Doubt
 Concurrent Jurisdiction of MTC or RTC

ELEMENTS/ REQUISITES OF ULP

 Employer- Employee Relationship between the offender and the offended.

 The act done is expressly defined in the Labor Code as an act of ULP.