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Labor Law: Bargaining Units & Procedures

This document discusses two labor law concepts: commingling or mixed membership in a bargaining unit, and the inclusion of employees outside the bargaining unit. Commingling occurs when a bargaining unit contains employees of different job classifications or roles, requiring balance to address common concerns while recognizing unique needs. Inclusion of employees outside the unit may affect unit dynamics and require following legal guidelines for certification or decertification. The procedure for collective bargaining under labor law involves filing a notice of intent, submitting proposals, bargaining meetings, mediation or arbitration if needed, potential strike or lockout, and certification elections for new unions.

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90 views2 pages

Labor Law: Bargaining Units & Procedures

This document discusses two labor law concepts: commingling or mixed membership in a bargaining unit, and the inclusion of employees outside the bargaining unit. Commingling occurs when a bargaining unit contains employees of different job classifications or roles, requiring balance to address common concerns while recognizing unique needs. Inclusion of employees outside the unit may affect unit dynamics and require following legal guidelines for certification or decertification. The procedure for collective bargaining under labor law involves filing a notice of intent, submitting proposals, bargaining meetings, mediation or arbitration if needed, potential strike or lockout, and certification elections for new unions.

Uploaded by

jackham7734
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We take content rights seriously. If you suspect this is your content, claim it here.
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Labor Law assignment Feb 15 2024 under Atty.

_____________

1. Differentiate coming in bargaining unit from members of employees outside the


bargaining unit

a. Commingling or Mixed Membership in a Bargaining Unit:

 In labor relations, a bargaining unit refers to a group of employees who share common
interests and job conditions and are designated for collective bargaining purposes.
Commingling or mixed membership occurs when a bargaining unit is comprised of
employees with different job classifications, roles, or conditions.
 This situation may arise when employees with distinct job functions or classifications are
grouped together within a single bargaining unit. The challenge here is to ensure that
the interests of all members within the unit are adequately represented during collective
bargaining negotiations.
 The key is to strike a balance that addresses the common concerns shared by all
members while recognizing the unique needs and circumstances of different job
classifications or roles within the bargaining unit.

b. Inclusion as Members of Employees Outside the Bargaining Unit:

 This concept involves the inclusion of employees who may not initially be part of a
particular bargaining unit. It could happen due to changes in organizational structure,
expansion, or reclassification of job roles.
 Inclusion of employees outside the bargaining unit may be contentious, as it could
affect the dynamics and power balance within the unit. It is essential to follow legal
procedures and guidelines to determine whether certain employees should be included
or excluded from the bargaining unit.
 In the Philippines, labor laws typically provide guidelines on the process of certifying or
decertifying a bargaining unit. Certification involves determining the appropriate
bargaining unit, while decertification may occur if employees believe the unit is no
longer representative of their interests.

2. what is the procedure in collective bargaining under labor law

1. Filing of Notice of Intent to Bargain (Article 250):


 Either the employer or the recognized labor union may file a written notice of
their intention to bargain with the National Conciliation and Mediation Board
(NCMB) at least 30 days before the expiration of the existing collective bargaining
agreement (CBA) or any time before the expiration of the CBA in case of a
deadlock.
2. Submission of Collective Bargaining Agreement Proposals (Article 251):
 Both parties, the employer and the labor union, are required to submit their
respective proposals to the other party. The proposals should cover the
mandatory subjects of bargaining, which include wages, hours of work, and other
terms and conditions of employment.
3. Collective Bargaining Meetings (Article 252):
 The parties are mandated to meet and negotiate with each other to arrive at a
mutually acceptable collective bargaining agreement. They are required to meet
promptly and expeditiously.
4. Mediation (Article 252-A):
 If the parties fail to reach an agreement within the 30-day period of negotiations,
they may opt to submit the dispute to voluntary arbitration or alternative modes
of dispute resolution. The NCMB can assist the parties in reaching a settlement
through mediation.
5. Arbitration (Article 262):
 If mediation fails, the dispute may be referred to the voluntary arbitrator or panel
of arbitrators. The decision of the arbitrator is final and binding upon the parties.
6. Strike or Lockout (Article 263):
 If there is a failure in the conciliation/mediation process, and all efforts to settle
the dispute fail, the labor union may declare a strike, while the employer may
declare a lockout. However, there are strict legal requirements and procedures
that must be followed before a strike or lockout can be declared.
7. Certification Election (Article 257):
 In cases where there is no existing CBA, or in situations involving newly organized
unions, a certification election may be conducted to determine the exclusive
bargaining agent.

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