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    Labor Law Review Assignment CBA 2017

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    KM Mac
    The document discusses the steps required after a collective bargaining agreement (CBA) is signed and ratified, as well as the consequences of not following these steps. It also addresses whether a union can be certified as the exclusive bargaining agent based solely on membership cards or if a certification election is required. Finally, it presents a hypothetical certification election scenario and answers questions regarding the results and appropriate next steps.

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    Labor Law Review Assignment CBA 2017

    Uploaded by

    KM Mac
    82 views2 pages
    The document discusses the steps required after a collective bargaining agreement (CBA) is signed and ratified, as well as the consequences of not following these steps. It also addresses whether a union can be certified as the exclusive bargaining agent based solely on membership cards or if a certification election is required. Finally, it presents a hypothetical certification election scenario and answers questions regarding the results and appropriate next steps.

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    CBA Cases under Labor Arbiter Natividad Roma

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    The document discusses the steps required after a collective bargaining agreement (CBA) is signed and ratified, as well as the consequences of not following these steps. It also addresses whether a union can be certified as the exclusive bargaining agent based solely on membership cards or if a certification election is required. Finally, it presents a hypothetical certification election scenario and answers questions regarding the results and appropriate next steps.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    82 views2 pages

    Labor Law Review Assignment CBA 2017

    Uploaded by

    KM Mac
    The document discusses the steps required after a collective bargaining agreement (CBA) is signed and ratified, as well as the consequences of not following these steps. It also addresses whether a union can be certified as the exclusive bargaining agent based solely on membership cards or if a certification election is required. Finally, it presents a hypothetical certification election scenario and answers questions regarding the results and appropriate next steps.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    What other steps is necessary, if any, after the CBA is signed, posted,

    and ratified? What is the consequence if this step is not observed?


    Explain.
    The CBA should be submitted to the Regional office of DOLE for registration of
    the CBA within 30 days from its execution date according to Art. 231 of the Labor
    Code. Failure of registration of the CBA will nullify the privilege granted in Art.
    232, which is the certification bar rule and the freedom period rule. (Trade Union
    of the Philippines vs. Hon. Laguesma, GR # 95013, September 21, 1994) (Liberty
    Flour Mills Employees vs. Liberty Flour Mills, Inc., December 29, 1989)
    May a Union be certified as the exclusive bargaining representative
    after showing proof of majority representation through union
    membership cards without conducting certification election? Support
    your answer.
    No. There are only two modes of recognition of a legitimate labor organization
    (LLO) in the Labor Code, and that is through either voluntary recognition by the
    employer or by certification election. While voluntary recognition is currently not
    allowed as per recent laws, certification election is still available and is the only
    way for an LLO to become the Sole and Exclusive Bargaining Agent (SAEBA). In
    the case at bar, mere presentation of union membership cards is insufficient in
    becoming the SAEBA, as the Labor Code provisions provide.
    Eligible Voters 600
    Union A 200 votes
    Union B 240 votes
    Union C 60 votes
    No Union 20 votes
    Spoiled Ballots 30 votes
    QUESTIONS:
    How many was the total votes cast?
    A total of 550 votes were cast as per the facts of the case at hand.
    How many were the valid votes cast?
    A total of 520 valid votes were cast, since spoiled ballots should not be
    counted as valid votes in a certificate election.
    Was there a valid Certification Election? Reason.
    No, there is no valid certification election. The twin majority rule as the
    labor laws provide when it comes to the validity of a certification election
    was not satisfied. While the first rule of having the majority of all eligible
    voters casting their vote was complied with, the second rule that a union
    must obtain the majority of the valid votes cast was not complied with as per
    the case at bar.
    Which union will be the SAEBA? Reason.
    None of the unions in the case at bar can become a SAEBA since the second
    of the twin majority rule (Art. 252 of LC) has not been complied with.
    What else may be done?
    A run-off election should be held immediately by the Election Officer within
    10 days from the close of the election proceedings between the labor unions
    receiving the two highest votes. The choice No Union shall not be a part
    of the ballot and the same list of voters shall be used in the run-off elections.
    The union with the highest number of votes shall be certified as the winner,
    subject to the rules of D.O. # 40-03.

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