1. What is the Freedom Period and what are its uses and legal implications?

The freedom period refers to the last sixty days immediately preceding the expiration of the five-year CBA. During the freedom period, rival union
representation can be entertained during the existence of a valid CBA. No petition for certification election for intervention disaffiliation shall be
entertained or given due course except within the 60 day freedom period immediately preceding the execution of the Collective Bargaining
Agreement. As such, the filing of a petition for certification election outside the 60-day freedom period is prohibited.

At the expiration of the freedom period, where no petition for certification election is filed, the employer shall continue to recognize the majority status
of the incumbent bargaining agent. The reason is, with a pending petition for certification, any such agreement entered into by management with a
labor organization is fraught with the risk that such a labor union may not be chosen thereafter as the collective bargaining representative.

2. What are the 3 requirements for alien employees to exercise the right to self organization?

For alien employees to exercise the right to self organization, they must:
a) have a valid working permit;
b) are nationals of a country which grants the same or similar rights to Filipino workers;
c) such grant is as certified by the Department of Foreign Affairs (DFA).

3. Are government employees entitled to the rights to self-organization, collective bargaining and the right to strike?

Under the Labor Code and PD 807, government employees, including those in government-owned or controlled corporations, were precluded from
bargaining as regards terms and conditions of employment because these were set by law and hence could not possibly be altered by negotiation.
However, EO 111 restored the right to organize and to negotiate and bargain of employees of "government corporations established under the
Corporation Code." Both EO 180 and RA 6715, too, granted to all government employees the right of collective bargaining or negotiation except as
regards those terms of their employment which were fixed by law; and as to said terms fixed by law, they were prohibited to strike to obtain changes
thereof. (PABLO ARIZALA, SERGIO MARIBAO, LEONARDO JOVEN, and FELINO BULANDUS, petitioners, vs. THE COURT OF APPEALS and
THE PEOPLE OF THE PHILIPPINES, respondents. | G.R. Nos. 43633-34 September 14, 1990)

4. Explain double majority rule in certification election.

Under the rule," for there to be a valid certification election, majority of the bargaining unit must have voted AND the winning union must have
garnered majority of the valid votes cast.

5. Explain the rules on deadlock in collective bargaining.

Collective Bargaining Deadlock is defined as "the situation between the labor and the management of the company where there is failure in the
collective bargaining negotiations resulting in a stalemate". Such deadlock is grounds for the right to strike. In cases of bargaining deadlock, the
notice of strike must specify the unresolved issues and must show proof that the parties have exhausted all efforts to resolve the deadlock.

6. Are all forms of discriminations considered UNFAIR LABOR PRACTICES?

No. if it the discrimination was done in the valid exercise of management prerogative.

In Grepalife union vs. grepalife, the company admitted back to work all the strikers except the President and the Vice President. The discrimination
against them was alleged as an act of ULP. The court held that it was not. it was deemed a valid exercise of prerogative to exercise caution
considering that the officers concerned have shown some tendency to create mischief

In wise & company vs. wise & company union, management granted some profit sharing benefits to managers, supervisors as well as rank-and-file
employers who were excluded from the coverage of the bargaining unit. The act of discrimination against employees who are embraced by the cba
was being assailed as ulp. The high court disagreed. Instead, the same was sustained as a valid exercise of management prerogative to care for the
other employers who are not covered by collective bargaining. The clear distinctions between the two colors of employees justify different treatment.

7. May CBA negotiations be held before the freedom period?

YES. Under Art. 253-A of the Labor Code, all other provisions of the Collective Bargaining Agreement shall be renegotiated not later than three (3)
years after its execution. Any agreement on such other provisions of the Collective Bargaining Agreement entered into within six (6) months from the
date of expiry of the term of such other provisions as fixed in such Collective Bargaining Agreement, shall retroact to the day immediately following
such date. If any such agreement is entered into beyond six months, the parties shall agree on the duration of retroactivity thereof.
 8. What are the three main conditions for a valid exercise of the right to strike?

For the exercise of the right to strike to be valid, it must be:

a) Peaceful;
b) Done in accordance with law; and
c) Consistent with national interest.

9. Explain the three year/five year rule on the duration of a CBA?

Five year: it is the contract rule. The representation status of the incumbent exclusive bargaining agreement shall be for a term of five years
from the date of the effectivity of questioning the majority status of the incumbent exclusive bargaining agent or petition for certification election
flied outside the 60 day period immediately preceding the expiry date of such 5 yr term shall entertained by the dept.

Three year: all provisions of a collective bargaining agreement, except the representation status of the incumbent agent shall, as a matter of
right, be renegotiated not later the three (3) yrs after its execution

10. Who are allowed to vote in elections like election of union officials, certification elections, CBA ratification, and strike vote?

D.O 40 Series of 2003

Rule IX Sec. 5

All employees who are members of the ABU sought to be represented irrespective of employment status

An employee who has been dismissed from work but has contested the legality of the dismissal in a forum appropriate jurisdiction

In case of disagreement over the voters’ list or over the eligibility of voters, all contested voters shall be allowed to vote. But their votes shall be
segregated and sealed in individual envelops, in accordance with Section 10 and 11 of the Rule.