Without the goodwill the payment of a signing bonus

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: given
 not
 exclusively
 to
 employees.
 Even
 workers
 who
 are
 not
 employees
 of
 any
 particular
 employer
may
form
their
organizations
to
protect
their
interests
 • The
 right
 to
 organize
 refers
 also
 to
 forming, joining,
 or
 assisting
 a
 labor
organization
 o This
right
carries
with
it
the
right
to
engage
in
group
action,
 provided
 it
 is
 peaceful,
 to
 support
 the
 organization’s
 objective
which
is
not
necessarily
collective
bargaining,
but,
 simply,
 to
 aid
 and
 protect
 its
 members.
 But
 this
 might
 be
 differentiated
from
strike,
because
it
is
work
stoppage
 • Coverage
of
the
right
to
organize;
exceptions
 o Right
to
form,
join
or
assist
a
labor
organization
is
granted
to
 all
 kinds
 of
 employees
 of
 all
 kinds
 of
 employers
 –
 public
 or
 private,
profit
or
nonprofit,
commercial
or
religious
 o This
 right
 is
 extended
 even
 to
 those
 employed
 in
 traditionally
 nonprofit
 organizations
 like
 religious,
 charitable,
medical
or
educational
institutions
 o But
this
all‐inclusive
coverage
admits
of
exceptions
–
 Under
 Article
 245,
 managerial
 employees,
 regardless
 of
 the
 kind
 of
 organization
 where
 they
 are
 employed,
 may
 not
 join,
 assist
 or
 form
 any
 labor
organization,
meaning
a
labor
union
 Accordingly,
 managerial
 employees
 cannot,
 in
 the
 absence
 of
 an
 agreement
 to
 the
 contrary,
 be
 allowed
to
share
in
the
concessions
obtained
by
the
 labor
 union
 through
 collective
 negotiation.
 However,
there
is
nothing
to
prevent
the
employer
 from
 granting
 benefits
 to
 managerial
 employees
 equal
 to
 or
 higher
 than
 those
 afforded
 to
 union
 members
 o Supervisors
are
allowed
to
organize,
but
they
can’t
form,
join
 or
assist
a
rank‐and‐file
union
 Right
to
organize
cannot
be
bargained
away
 • Southern
Philippines
Federation
of
Labor
v.
Calleja
 o Although
 we
 have
 upheld
 the
 validity
 of
 the
 CBA
 as
 the
 law
 among
 the
 parties,
 its
 provisions
 can’t
 override
 what
 is
 expressly
provided
by
law
that
only
managerial
employees
are
 ineligible
to
join,
assist
or
form
any
labor
organization.
Hence,
 whether
 they
 are
 employed
 as
 supervisors
 or
 in
 the
 confidential
 payrolls,
 if
 the
 nature
 of
 their
 job
 does
 not
 fall
 under
 the
 definition
 of
 managerial
 as
 defined
 in
 the
 Labor
 Code,
 they
 are
 eligible
 to
 be
 members
 of
 the
 bargaining
 unit
 and
to
vote
in
the
certification
election
 Employees
of
nonprofit
institutions
 • Rank‐and‐file
 employees
 of
 nonprofit
 medical
 institutions
 are
 permitted
 to
 form,
 organize
 or
 join
 labor
 unions
 of
 their
 choice
 for
 purposes
of
collective
bargaining
 Exception:
employee­members
of
a
cooperative
 • San
Jose
Electric
Service
Cooperative,
Inc.
v.
Ministry
of
Labor
 Lalay
Abala.
ALS2014B.
Labor
II.
 A
 cooperative’s
 owners
 and/or
 members
 are
 the
 ones
 who
 run
 and
 operate
 the
 business
 while
 the
 others
 are
 its
 employees.

 o An
 employee
 of
 such
 a
 cooperative
 who
 is
 a
 member
 and
 co­ owner
 thereof
 can’t
 invoke
 the
 right
 to
 collective
 bargaining,
 for
 certainly
 an
 owner
 can’t
 bargain
 with
 himself
 or
 his
 co­ owners.
 However,
 insofar
 as
 it
 involves
 cooperatives
 with
 employees
 who
 are
 not
 members
 or
 co­owners
 thereof,
 such
 employees
are
entitled
to
exercise
the
rights
of
all
workers
to
 organization,
collective
bargaining
negotiations
and
others.
 • In
 another
 case,
 the
 court
 clarified
 that
 it
 is
 the
 fact
 of
 ownership
 of
 the
 cooperative,
 and
 not
 involvement
 in
 the
 management
 thereof,
 which
 disqualifies
 a
 member
 from
 joining
 any
 labor
 organization
 within
 the
 cooperative.
 Thus,
 irrespective
 of
 the
 degree
 of
 their
 participation
 in
 the
 actual
 management
 of
 the
 cooperative,
 all
 members
thereof
can’t
form,
assist
or
join
a
labor
organization
for
the
 purpose
of
collective
bargaining
 • But
 member‐employees
 of
 a
 cooperative
 may
 withdraw
 as
 members
 of
 the
 cooperative
 in
 order
 to
 join
 a
 labor
 union.
...
View Full Document

This document was uploaded on 03/11/2014.

Ask a homework question - tutors are online