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Syllabus On Labor Relations and Negotiation SY 22-23 (Egalla)

This document is the syllabus for a course on labor relations and negotiation. It outlines 15 topics that will be covered in the class, including the right to self-organization, defining relevant terms, the roles of the Bureau of Labor Relations and Department of Labor and Employment, distinguishing between labor organizations and worker's associations, rights of union membership, coverage and employees' right to organize, registration requirements for unions, cancellation of registration, rights of legitimate unions, determining the sole exclusive bargaining agent, collective bargaining units and agreements, unfair labor practices, peaceful concerted activities like strikes and picketing, and grievance machinery and voluntary arbitration. Relevant articles from the Labor Code of the Philippines and annotated resources will be used.

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Derek Egalla
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162 views3 pages

Syllabus On Labor Relations and Negotiation SY 22-23 (Egalla)

This document is the syllabus for a course on labor relations and negotiation. It outlines 15 topics that will be covered in the class, including the right to self-organization, defining relevant terms, the roles of the Bureau of Labor Relations and Department of Labor and Employment, distinguishing between labor organizations and worker's associations, rights of union membership, coverage and employees' right to organize, registration requirements for unions, cancellation of registration, rights of legitimate unions, determining the sole exclusive bargaining agent, collective bargaining units and agreements, unfair labor practices, peaceful concerted activities like strikes and picketing, and grievance machinery and voluntary arbitration. Relevant articles from the Labor Code of the Philippines and annotated resources will be used.

Uploaded by

Derek Egalla
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Syllabus on Labor Relations and Negotiation SY 2022-2023

Prepared by: Frederick C. Egalla, RN, Juris Doctor

I. Right to Self-Organization
1. Constitutional Basis
2. Labor Code Declaration of Policy
3. ILO Conventions

II. Definition of Terms


Employer; Employee; Labor; Labor Relations; Labor Organization; Worker’s Association;
Union; Federation/National Union; Industry Union; Legitimate Labor Organization;
Bargaining Unit; Unorganized Establishment; Organized Establishment;
Collective Bargaining Agreement; Strike/Lock-Out/Picket; Jurisdiction

III. Bureau of Labor Relations and Department of Labor and Employment


1. Members
2. Jurisdiction
3. Functions
a. BLR as National Registry (Art. 237)

IV. Labor Organization vs. Worker’s Association


a. Definition
b. Merger
c. Consolidation

V. Rights and Conditions of Membership to a Labor Organization (Art. 250)


1. Union Security Clause; Types
2. Rights of Union Members

VI. Coverage and Employee’s Right to Self-Organization


1. Rules on the right of Various Employees to join a union
a. Managerial Employees
b. Supervisory Employees
c. Alien Employees
d. Working Children
e. Homeworkers
f. Employees of Contractors
g. Employees of Cooperative
2. Right of Government Worker’s to Self-Organization
3. Categories of Employees to Determine Eligibility to join a Union
a. Managerial Employees
a.1 Characteristics
a.2 Types
b. Supervisory Employees and Rank and File Employees
a.1 Reason for Segregation; Separation of Unions Doctrine
c. Confidential Employee
d. Security Guards
e. Effects of Mixed membership in a Union
4. Non-Abridgement of Right to Self- Organize

VII. Registration
1. Independent Registration of Labor Organization (Art. 240)
a. 20% requirement
b. Constitution and By-Laws as requirement. (@Art. 250 )
2. Chartering of a Local Charter/Chapter (Art. 241)
a. Mother Union/ Federation or National Union
b. Registration
b.1. Charter Certificate
c. Acquisition of Legal Personality
d. From Local Charter to Independent Registration
3. Registration of Federal Unions/ National Union
a. Effects
b. Affiliation
b.1. Purpose
b.2. Who may Affiliate
b.3. Requirements.
c. Disaffiliation
c.1. Who may Disaffiliate
c.2. Effects
VIII. Cancellation of Registration (Art. 245)
1. Grounds (Art. 247)
2. Voluntary Cancellation (Art. 248)

IX. Rights of a Legitimate Labor Organization (Art .251); Reportorial Requirements (Art. 252)
1. Right to be certified as SEBA
2. Right to Demand Audited Financial Statements from Employer
3. Right to own a Property
4. Right to Sue or be Sued under Union’s Registered Name
5. Right to Organize and Operate Cooperative, Housing Welfare and other Lawful
Projects
6. Tax Free Income and Properties
7. Right to receive union dues
a. Check-off

X. Sole Exclusive Bargaining Agent


1. Who may petition?
2. Double Majority Rule
3. Bar Rules
4. Process of SEBA Determination
a. Request for Certification
b. Certification Election
c. Consent Election
d. Run-Off Election
e. Re-Run Election

XI. Collective Bargaining Unit

XII. Collective Bargaining Agreement

XIII. Unfair Labor Practice


1. Concept
2. Unfair Labor Practice of Employers (Art. 259)
a. Categories of Employer’s Behavior Constituting ULP
3. Unfair Labor Practice of Labor Organizations (Art. 260)
a. Categories of Labor Organization’s Behavior constituting ULP
b. Kinds of Union which may commit ULPs under the Article

XIV. Peaceful Concerted Activities


1. Strikes, Picketing and Lock-outs (Art. 278)
2. Prohibited Activities (Art. 279)

XV. Grievance Machinery and Voluntary Arbitration (Art. 273)

Resources:
1. The Labor Code of the Philippines as Amended, including the Implementing Rules and
Regulations.
2. Labor Code of the Philippines Annotated Vol. II, 2017 edition by Joselito Guinan Chan.
3. Purple Notes on Labor Law 2022 Edition, by Arellano University School of Law

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