APPROPRIATE BARGAINING UNIT

UNION REPRESENTATION

BARGAINING UNIT: It is defined as a group of employees sharing mutual interest within a given employer unit, comprised of all or less than all of the entire body of employees in the employer unit or any specific occupational or geographical grouping within such employer unit (Book V, Rules Implementing the Labor Code).

BARGAINING AGENT: Is the one chosen union to represent the CBU in bargaining with the employer.

Factors to Consider

- The determination of what constitutes a proper bargaining unit lies

primarily with the Bureau;

- No individual factor is given by law decisive weight:

a. whether it will best assure to all employees the exercise of their collective bargaining rights;

b. the bargaining unit is one which must be comprised of constituents enjoying a community of interest;

c. desires of employees; and d. geographical location.

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NIVERSITY | College of Law | BAR OPERATIONS COMMITTEE (2009)

2009 BAR OPERATIONS COMMITTEE

Saint Louis University

OLLEGE OF

LABOR LAW SECTION (Team 2008; Team 2009)

Factors to Consider in Community of

Interest or Mutuality of Interest (S4FGC2HED)

a. Similarity in the scale and manner of determining earnings;

b. Similarity in employment benefits, hours of work and other terms and

conditions of employment;

c. Similarity in the kinds of work performed;

d. Similarity in the qualifications, skills and training of the employees;

e. Frequency of contact or interchange among the employees;

f. Geographic proximity;

g. Continuity or integration of production processes;

h. Common supervision and determination of labor-relations policy;

i. History of collective bargaining;

j. Extent of union organization;

k. Desires of the affected employees.

GLOBE DOCTRINE: It provides the desires of the employees are relevant to the

determination of the appropriate bargaining unit. The relevancy of the wishes of the employees concerning their inclusion or exclusion from a proposed bargaining unit is inherent in the basic right to self-organization.

NOTE: The determination of the scope or membership of the bargaining unit

also leads to the determination of:

o The employees who can vote in the certification election;

o The employees to be represented in bargaining with the employer; and

o The employees who will be covered by the resulting CBA.

Mode of Selection of Appropriate Bargaining Unit

A. VOLUNTARY RECOGNITION

- Where a clear majority of the employee, without subjection to

coercion or other unlawful influence, have made clear their desire to be represented by a particular union, the employer may recognize and contract with such union.

- It is possible only in an unorganized establishment.

WHEN to file: Within thirty (30) days from recognition, the

employer and the union shall submit a notice of voluntary recognition.

WHERE to file: It must be filed to the Regional Office who issued the

recognized labor union’s certificate of registration or certificate of creation of a chartered local.

REQUIREMENTS

The notice of voluntary recognition shall be accompanied by the

original copy and two (2) duplicate copies of the following

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NIVERSITY | College of Law | BAR OPERATIONS COMMITTEE (2009)

2009 BAR OPERATIONS COMMITTEE

Saint Louis University

OLLEGE OF

LABOR LAW SECTION (Team 2008; Team 2009)

1. JOINT STATEMENT under oath of voluntary recognition

attesting to the fact of voluntary recognition;

2. CERTIFICATE OF POSTING of the joint statement for fifteen

(15) consecutive days in at least (2) conspicuous places in the establishment or bargaining unit where the union seeks to operate;

3. the APPROXIMATE NUMBER OF EMPLOYEES in the bargaining

unit, accompanied by the names of those who support the voluntary recognition comprising at least a majority of the members of the bargaining unit; and

4. STATEMENT that the labor union is the only legitimate labor

organization operating within the bargaining unit.

o All accompanying documents must be certified under oath by the employer and president of the recognized labor union

ACTION on the Notice

o IF SUFFICIENT IN FORM: within ten (10) days from receipt of

the notice.

o IF INSUFFICIENT IN FORM: the Regional Office within ten (10) days from receipt of notice notify the labor union of its findings and advise it to comply with the necessary requirements.

§ Failure to complete by the employer or the labor union within thirty (30) days from receipt of the advisory: return of the notice of voluntary recognition without prejudice to its re-submission.

EFFECT

From the time of recording, the union shall enjoy the rights, privileges and obligations of an exclusive bargaining representative

NOTE: Entry of the voluntary recognition shall bar the filing of a

petition for certification election by any labor organization for a period of one year from the date of entry.

B. CERTIFICATION ELECTION

- It is the process of determining through secret ballot the sole and

exclusive representative of the employees in an appropriate bargaining unit for purposes of collective bargaining or negotiation.

WHO may File

• ORGANIZED Establishment

F Any LLO supported by the written consent of at least 25% of all the employees in ABU.

F Any employer, when requested to bargain collectively.

• UNORGANIZED Establishment

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NIVERSITY | College of Law | BAR OPERATIONS COMMITTEE (2009)

2009 BAR OPERATIONS COMMITTEE

Saint Louis University

OLLEGE OF

LABOR LAW SECTION (Team 2008; Team 2009)

F Any employer, when requested to bargain collectively.

WHEN to File:

• ORGANIZED Establishment

F NO CBA, any time outside the 12-month bar, negotiation bar, and deadlock bar.

F During the 60-day “‘freedom period” of a duly registered CBA.

• UNORGANIZED Establishment

F Anytime

WHERE to File:

It may be filed with the MED-ARBITER through the

Regional Office, which has over the principal office of the employer or where the bargaining unit is prin cipally situated

FORM of Petition

It shall be in writing and under oath.

CONTENTS of Petition

• When filed by an LLO

F Name of petitioner, its address, and affiliation if appropriate, the date of its registration and number of its certificate of registration if petitioner is a federation, national union or independent union, or the date it was reported to the Department if it is a local/chapter.

F Name, address and nature of the employer’s business.

F Description of the bargaining unit.

F Approximate number of emplo yees in the bargaining unit.

F The names and addresses of other LLO in the bargaining unit.

F A statement indicating any of the following circumstances:

~ That the bargaining unit is unorganized or

that there is no registered CBA covering the employees in the bargaining unit;

~ If there exists a duly registered CBA, that the

petition is filed within the 60-day freedom period of such agreement;

~ If another union had been previously

certified in a valid certification, consent or run-off election or voluntarily recognized, that the petition is filed outside the one (1)- year period from such certification or run -off election and no appeal is pending thereon, or

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NIVERSITY | College of Law | BAR OPERATIONS COMMITTEE (2009)

2009 BAR OPERATIONS COMMITTEE

Saint Louis University

OLLEGE OF

LABOR LAW SECTION (Team 2008; Team 2009)

from the time the fact of recognition was entered into the records of such union. F In an organized establishment, the signature of at

least 25% of all employees in the ABU which shall be attached to the petition at the time of its filing; and F Other relevant facts

• WHEN Filed by an Employer

F Name, address and general nature of the employer’s business.

F Names and addresses of the legitimate labor organizations.

F Approximate number of employees in the ABU. F Description of the bargaining unit.

F Other relevant facts.

PROCEDURE

I. PRELIMINARY CONFERENCE

o The first preliminary conference shall be scheduled

within ten (10) days from the receipt of the petition.

o Within three (3) days from receipt: service of the notice of preliminary conference.

During the preliminary conference, the following are determined:

i. The bargaining unit to be represented; ii. Contending labor unions;

iii. Possibility of consent election;

iv. Existence of the bars to certification election;

v. Such other matters as may be relevant to the final disposition of the case.

If the parties will agree to hold a consent election, the PCE will no longer be heard.

A. HEARINGS AND PLEADINGS

o The Med-Arbiter may conduct as many hearings as may be deemed necessary.

o BUT the conduct of the hearing cannot exceed

fifteen (15) days from the date of the scheduled

preliminary conference.

o During the same period, the contending labor unions may file such pleadings as may deem necessary.

In document Labor Relations Reviewer (Page 53-57)