Thebasictestofabargainingunitsacceptabilityorappropria

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: 
in
the
field
of
labor
relations
 o Those
who
by
reason
of
their
positions
or
nature
of
work
are
 required
to
assist
or
act
in
a
fiduciary
manner
to
managerial
 o • • • • 54
 8. 9. employees,
 and
 hence,
 are
 likewise
 privy
 to
 sensitive
 and
 highly
confidential
records.

 • The
labor
nexus
 o “In
the
field
of
labor
relations”
is
important!
It
stresses
labor
 nexus
 –
confidentiality
of
the
position
should
relate
to
labor
 relations
matters
 o San
 Miguel
 Corp.
 Supervisors
 and
 Exempt
 Union,
 et
 al
 v.
 Laguesma
 Confidential
employees
are
those
–
 Who
assist
or
act
in
a
confidential
capacity
 To
 persons
 who
 formulate,
 determine,
 and
 effectuate
management
policies
in
the
filed
 of
labor
relations
 These
two
criteria
are
cumulative
and
both
must
be
 met
if
an
employee
is
to
be
considered
a
confidential
 employee
 Exclusion
 from
 bargaining
 units
 
 broad
 rationale
 behind
 this
 rule
 is
 that
 employees
 should
 not
 be
 placed
 in
 a
 position
 involving
 a
 potential
 conflict
 of
 interest
 Granting
 arguendo
 that
 an
 employee
 has
 access
 to
 confidential
 labor
 information
 but
 such
 is
 merely
 incidental
to
his
duties
and
knowledge
thereof
is
 not
 necessary
 in
 the
 performance
 of
 his
 duties,
 said
 access
 does
 not
 render
 the
 employee
 a
 confidential
 employee.
 • New
CBA
may
include
employees
excluded
from
old
CBA;
expired
 CBA
may
be
modified,
not
just
renewed
 o Regardless
 of
 the
 swinging
 rulings,
 the
 employer
 and
 the
 union
 in
 an
 enterprise
 may
 negotiate
 and
 agree
 whom
 to
 cover
 in
 their
 CBA.
 And
 they
 are
 free
 to
 change
 their
 agreement:
people
excluded
before
may
be
included
now,
or
 vice‐versa
 Security
guards
may
join
rank­and­file
or
supervisors
union
 • Old
 rules:
 security
 guards
 were
 barred
 from
 joining
 a
 labor
 organization
of
the
rank‐and‐file
 • Now:
they
may
freely
join
a
labor
organization
of
the
rank‐and‐file
or
 that
of
the
supervisory
union,
depending
on
their
rank
 Workers
in
export
processing
zones
 • Export
processing
zones
are
part
of
PHL
territory.
To
them
therefore,
 applies
with
undiminished
force
the
Constitution
that
guarantees
the
 workers
 rights
 to
 organize,
 to
 strike
 and
 so
 forth.
 The
 zone
 workers
 cannot
be
denied
these
constitutional
rights
 
 Article
246.
Non­abridgment
of
right
to
self­organization
 1. Concept
of
the
right
to
self­organization
 • Self‐organization
(S.O.)
includes
–
 Lalay
Abala.
ALS2014B.
Labor
II.
 • • • • • • o The
right
to
form,
join
or
assist
labor
organizations
 o Right
to
engage
in
lawful
concerted
activities
 Right
 to
 form
 labor
 organization
 is
 twin
 to
 the
 right
 to
 engage
 in
 concerted
 activity.
 Such
 group
 action
 can
 similarly
 be
 for
 collective
 bargaining
purpose,
but
it
can
simply
be
for
aid
and
protection
of
the
 members
(protest
action;
kilos
protesta)
 Group
 action
 is
 not
 necessarily
 a
 work
 stoppage
 or
 strike
 because
 it
 may
be
done
during
off‐hours.
If
it
is
a
strike,
the
restrictions
in
Article
 264
should
be
observed
 Labor
 organization
 entitled
 to
 protection
 does
 not
 have
 to
 be
 a
 registered
 organization.
 And
 it
 does
 not
 have
 to
 be
 the
 bargaining
 union
 If
 unregistered,
 it
 does
 not
 have
 a
 right
 to
 represent
 its
 members
 because
it
is
not
a
legal
person
 Note
 that
 the
 right
 to
 S.O.
 is
 granted
 not
 only
 to
 employees
 but
 to
 workers,
whether
employed
or
not
 No
 person
 –
 inside
 or
 outside
 government,
 employer
 or
 non‐ employer,
 unionist
 or
 non‐unionist
 –
 may
 abridge
 these
 rights.
 If
 abridged
in
the
workplace

ULP
 
 
 Title
VI:
ULP
 Chapter
I:
Concept
 Article
247.
Concept
of
unfair
labor
practice
and
procedure
for
prosecution
thereof.
 1. Concept
of
unfair
labor
practice
 • ULP
 –
does
not
mean
an
unfair
practice
by
labor
but
a
practice
unfair
 to...
View Full Document

Ask a homework question - tutors are online