O if there is no such certainty cba is drafted

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Unformatted text preview: .
 But
 those
 activities
 must
 be
 exercised
 in
 accordance
 with
 law
 o Resolution
 of
 complaints,
 grievances
 and
 cases
 involving
 government
 employees
 is
 not
 ordinarily
 left
 to
 collective
 bargaining
 or
 other
 related
 concerted
 activities,
 but
 to
 Civil
 Service
 Law
 and
 labor
 laws
 and
 procedures
 whenever
 applicable
 o In
 case
 any
 dispute
 remains
 unresolved
 after
 exhausting
 all
 available
 remedies
 under
 existing
 laws
 and
 procedures,
 the
 parties
 may
 jointly
 refer
 the
 dispute
 to
 the
 Public
 Sector
 Labor‐Management
Council
for
appropriate
action
 o Terms
and
conditions
of
employment
in
the
 government
are
 governed
 by
 law,
 the
 employees
 therein
 shall
 not
 strike
 for
 the
purpose
of
securing
changes
thereof
 Registration
 • Government
 employees’
 organizations
 shall
 register
 with
 the
 Civil
 Service
Commission
and
the
DOLE
 • Application
shall
be
filed
with
the
BLR
 • Applications
 may
 also
 be
 filed
 with
 the
 Regional
 Offices
 of
 the
 DOLE
 which
 shall
 immediately
 transmit
 the
 said
 applications
 to
 the
 BLR
 within
3
days
from
receipt
therefrom
 • Upon
 approval
 of
 the
 application,
 a
 registration
 certificate
 shall
 be
 issued
 to
 the
 organization
 recognizing
 it
 as
 a
 legitimate
 employees’
 organization
 • Certificates
of
registration
shall
be
jointly
approved
by
the
Chairman
 of
the
CSC
and
Secretary
of
DOLE
 Certification
election
in
government
corporation
 • Certification
 election
 to
 choose
 the
 union
 that
 will
 represent
 the
 employees
 may
 be
 conducted
 by
 the
 BLR
 in
 a
 government
 corporation,
whether
governed
by
the
Labor
Code
or
the
Civil
Service
 rules
 • Trade
Unions
of
the
Philippines
and
Allied
Services
v.
National
Housing
 Corporation
(NHC)
 • 2. 3. Lalay
Abala.
ALS2014B.
Labor
II.
 NHC
is
a
corporation
organized
under
EO
399
or
the
Uniform
 Charter
of
Government
Corporations
 o The
 Civil
 service
 now
 covers
 only
 GOCCs
 with
 original
 or
 legislative
 charters.
 There
 is,
 therefore,
 no
 impediment
 to
 the
 holding
 of
 a
 certification
 election
 among
 the
 workers
 of
 NHC
 for
it
is
clear
that
they
are
covered
by
the
Labor
Code,
the
NHC
 being
a
GOCC
without
an
original
charter.

 o Whether
the
employees
of
NHC
are
covered
by
the
Labor
Code
 or
 by
 the
 civil
 service
 laws,
 a
 certification
 election
 may
 be
 conducted.
 • Election
of
officers
in
government
unions
 o Does
 the
 BLR
 have
 jurisdiction
 to
 call
 for
 and
 conduct
 the
 election
of
officers
of
an
employee’s
association
in
the
public
 sector
such
as
that
at
the
MWSS?

 Yes.
 BLR
 has
 original
 and
 exclusive
 jurisdiction
 on
 all
inter‐union
and
intra‐union
conflicts.
 When
PSLMC
may
rule
on
legality
of
dismissal
 • Public
 Sector
 Labor‐Management
 Council
 has
 jurisdiction
 to
 hear
 charges
 of
 unfair
 labor
 practices
 filed
 by
 government
 employees
 against
their
employer.
PSLMC
may
rule
on
ULP
and
dismissal
 • CSC
may
adopt
the
findings
of
the
PSLMC
and
order
the
employer
to
 reinstate
the
dismissed
employees
 Union­busting
in
a
government
agency,
ULP
 • [Case
 regarding
 PLM
 
 fired
 faculty
 members;
 PLM
 v.
 CSC]
 had
 complainants
 not
 been
 among
 those
 active
 officers
 and/or
 members
 of
the
PLM
Faculty
Organization,
and
had
their
qualifications,
training,
 experience
 and
 performance
 rating
 not
 been
 impressive,
 the
 CSC
 would
 have
 agreed
 that
 the
 termination
 or
 nonrenewal
 of
 the
 contracts
of
complainants
does
not
constitute
ULP
 • Even
temporary
employees
may
organize
 o Article
 277
 (C)
 –
 any
 employee,
 whether
 employed
 for
 a
 definite
 period
 or
 not,
 shall
 beginning
 on
 his
 first
 day
 of
 service,
 be
 considered
 an
 employee
 for
 purposes
 of
 membership
in
any
labor
union
 o Even
 temporary
 employees
 enjoy
 the
 basic
 right
 to
 form
 organization
or
association
for
purposes
not
contrary
to
law
 o 4. 5. Article
 245.
 Ineligibility...
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This document was uploaded on 03/11/2014.

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