ENRILE, APRIL V.

2005-001330 2AA

Labor Relations August 23, 2012 Atty. Josephus Jimenez

1. ABU Appropriate Bargaining Unit - a group of employees of a given employer, comprised of all or less than all of the entire body of employees, which the collective interests 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. 2. SEBA Sole and Exclusive Bargaining Agent A union that possesses the sole authority to act on behalf of all the employees, after winning in a certification election. 3. LLO Legitimate Labor Organization any labor organization duly registered with the Department of Labor and Employment, and includes any branch or local thereof. 4. ULP Unfair Labor Practice acts which violate the constitutional right of workers and employees to self-organization. 5. CBA Collective Bargaining Agreement - It is a contract executed upon request of either the Er or the exclusive bargaining representative of the Ees incorporating the agreement reached after negotiations with respect to wages, hours of work, terms and conditions of employment, including proposals for adjusting any grievance or questions under the agreement. 6. CE Certification Election - A certification election is not litigation but merely an investigation of a nonadversarial fact finding character in which BLR plays a part of a disinterested investigator seeking merely to ascertain the desire of the employees as to the matter of their representation. 7. NOS Notice of Strike a notice given by the union to the employers informing the latter that such employees will conduct a strike. The period depends on the grounds for strike, which may either, be ULP, deadlock or union-busting. 8. COR Certificate of Registration certificate issued by the Bureau after complying with all the requirements for registration imposed to be a legitimate labor organization. 9. COP Cooling-off Period - It is the period of time given the NCMB to mediate and conciliate the parties. It is the span of time allotted by law for parties to settle their disputes in a peaceful manner before staging a strike or lockout.

10. AJ Assumption of Jurisdiction Discretionary: The Secretary of Labor and Employment, if in his opinion there exists a labor dispute causing or likely to cause a strike or lockout in an industry indispensable to the national interest, may certify the same to the NLRC for compulsory arbitration. The effect of which is that it automatically enjoins the intended or impending strike/lockout but if one has already taken place, all striking or locked out Ees shall immediately return to work and the Er shall immediately resume operations and readmit all workers under the same terms and conditions prevailing before the strike or lockout (Trans Asia Shipping Lines, Inc.Unlicensed Crews Ees Union v. CA, G.R. No. 145428, July 7, 2004) Mandatory (within 24 hours) a. In labor disputes adversely affecting the continued operation of hospitals, clinics or medical institutions. b. May assume jurisdiction or certify it to the NLRC for compulsory arbitration c. Duty of striking union or locking out Er to provide and maintain an effective skeletal workforce of medical and other health personnel, where movement and service shall be unhampered and unrestricted as are necessary to insure the proper and adequate protection of the life and health of its patients most especially emergency cases for the duration of the strike or lockout (Art. 263 [g]) 11. Yellow Dog Contract - - an agreement which exacts from workers as a condition of employment, that they shall not join or belong to a labor organization, or attempt to organize one, during their period of employment or that they shall withdraw therefrom, in case they are already members of a labor organization. 12. Wild Cat Strike - one declared and staged without the majority approval of the recognized bargaining agent. 13. Featherbediing According - to this doctrine, it shall be unfair labor practice for a labor organization, its officers, agents or representatives to cause or attempt to cause an employer to pay or deliver or agree to pay or deliver any money or other things of value, in the nature of an exaction, for services which are not performed or not to be performed, including the demand for fee for union negotiations. 14. Representing Issues - In organized establishments, when a verified petition questioning the majority status of the incumbent bargaining agent is filed by any legitimate labor organization including a national union or federation which has already issued a charter certificate to its local chapter participating in the certification election or a local chapter which has been issued a charter certificate by the national union or federation before the Department of Labor and Employment within the sixty (60)-day period before the expiration of the collective bargaining agreement, the Med-Arbiter shall automatically order an election by secret ballot when the verified petition is supported by the written consent of at least twenty-five

percent (25%) of all the employees in the bargaining unit to ascertain the will of the employees in the appropriate bargaining unit. To have a valid election, at least a majority of all eligible voters in the unit must have cast their votes. The labor union receiving the majority of the valid votes cast shall be certified as the exclusive bargaining agent of all the workers in the unit. When an election which provides for three or more choices results in no choice receiving a majority of the valid votes cast, a run-off election shall be conducted 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 percent (50%) of the number of votes cast. In cases where the petition was filed by a national union or federation, it shall not be required to disclose the names of the local chapters officers and members. At the expiration of the freedom period, the employer shall continue to recognize the majority status of the incumbent bargaining agent where no petition for certification election is filed. In any establishment where there is no certified bargaining agent, a certification election shall automatically be conducted by the Med-Arbiter upon the filing of a petition by any legitimate labor organization, including a national union or federation which has already issued a charter certificate to its 1ocal/chapter participating in the certification election or a local/chapter which has been issued a charter certificate by the national union or federation. In cases where the petition was filed by a national union or federation, it shall not be required to disclose the names of the local chapters officers and members. 15. Assumption of Jurisdiction - Discretionary: The Secretary of Labor and Employment, if in his opinion there exists a labor dispute causing or likely to cause a strike or lockout in an industry indispensable to the national interest, may certify the same to the NLRC for compulsory arbitration. The effect of which is that it automatically enjoins the intended or impending strike/lockout but if one has already taken place, all striking or locked out Ees shall immediately return to work and the Er shall immediately resume operations and readmit all workers under the same terms and conditions prevailing before the strike or lockout (Trans Asia Shipping Lines, Inc. Unlicensed Crews Ees Union v. CA, G.R. No. 145428, July 7, 2004) Mandatory (within 24 hours) d. In labor disputes adversely affecting the continued operation of hospitals, clinics or medical institutions. e. May assume jurisdiction or certify it to the NLRC for compulsory arbitration f. Duty of striking union or locking out Er to provide and maintain an effective skeletal workforce of medical and other health personnel, where movement and service shall be unhampered and unrestricted as are necessary to insure the proper and adequate protection of the life and health of its patients most especially emergency cases for the duration of the strike or lockout (Art. 263 [g])

16. Deadlock in collective bargaining - It arises when there is an impasse, which presupposes reasonable effort at good faith bargaining which, despite noble intentions, did not conclude in an agreement between the parties. 17. Gross Violations of CBA - flagrant and/or malicious refusal to comply with the economic provisions of such agreement. 18. Principle of Self Determination - in determining the proper bargaining unit the express will or desire of the employees shall be considered, they should be allowed to determine for themselves what union to join or form. The best way to determine their preference is through a referendum.

19. Mutuality of Interest Rule - 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' (Rothenberg on Labor Relations, 490).

20. Freedom Period 60 days before the expiration of the collective bargaining agreement.