Labor Standards Laws: Et. Al., G.R. No. 86963, August 6, 1999) - They Are Covered by Books I To IV

Labor Standards Laws
Labor standards refers to the minimum requirements prescribed by existing

laws, rules and regulations relating to wages, hours of work, cost of living
allowance and other monetary and welfare benefits, including occupational,
safety and health standards (Batong Buhay Gold Mines, Inc., vs. Dela Serna,
et. al., G.R. No. 86963, August 6, 1999). They are covered by Books I to IV
of the Labor Code.
Labor Relations Laws

Labor relations laws are the laws, rules and regulations which govern the
relationship between employees and their employers, promote the right of
the employees to self-organization and collective bargaining, penalize unfair
labor practice, and provide modes for the settlement of labor disputes such
as conciliation, mediation, grievance machinery, voluntary arbitration and
compulsory arbitration. They are covered by Books V – VII of the Labor
Code.
Social Legislations
Social legislations are laws, rules, and regulations that promote welfare of all
sectors of society. Social Legislation includes laws that provide particular
kinds of protection or benefits to the society, in furtherance of social justice.
Not all social legislations are labor laws. Labor laws directly affect
employment they directly govern effects of employment. All labor laws are
social legislations. But not all social legislations are labor laws.
What is the purpose of labor legislation?

The purpose of labor legislation is to give life into the Constitutional mandate
of providing protection to labor (Section 3, Article XIII, 1987 Constitution) by
promoting full employment, ensuring equal work opportunities regardless of
sex, race or creed, regulating the relations between workers and employers
and assuring that the rights of workers to self-organization, collective
bargaining, security of tenure, and just and humane conditions of work are
amply protected.
Cabo -
refers to a person or group of persons or a labor groups which, in the guise
of a labor organization, cooperative or any entity, supplies workers to an
employer, with or without any monetary or other consideration, whether in
the capacity of an agent of the employer or as an ostensible independent
contractor.
1. Substitutionary Doctrine
This doctrine holds that the employees cannot revoke the validly executed
collective bargaining contract with their employer by the simple expedient of
changing their bargaining agent. The new agent must respect the contract.
The employees, thru their new bargaining agent, cannot renege on the
collective bargaining contract, except to negotiate with the management for
the shortening thereof. (Elisco-Elirol Labor Union, December 29, 1977)
The CBA continues to bind the members of the new or disaffiliated and
independent union up to the CBA’s expiration date. (Associated Workers
Union, July 30, 1990)
2. Contract Bar Rule
The contract bar doctrine provides that once a contract is executed, the
National Labor Relations Board (NLRB) generally does not permit a
representation election in the unit covered by the contract until the contract
expires up to a 3 year limit. This rule applies to a petition by another union to
represent the employees, a petition filed by the employees to decertify, or a
petition filed by the employer. The contract bar doctrine is followed in
determining whether or not an existing collective-bargaining contract will bar
an election.
-refers to the existence of CBA. Whre there is an existing CBA which has
been duly registered, a petition for CE may be filed, as already explained,
only within the “freedom”period” which is the last 60 days of the fifth year of
the CBA.
3. Certification year bar (One year bar rule)

No petition for C. E. may be filed within one year from the date of a valid
certification, consent, or run-off election or from the date of entry of a
voluntary recognition of the union by the employer.
4. Deadlock Bar Rule

The Deadlock Bar Rule simply provides that a petition for certification
election can only be entertained if there is no pending bargaining deadlock
submitted to conciliation or arbitration or had become the subject of a valid
notice of strike or lockout. The principal purpose is to ensure stability in the
relationship of the workers and the management.
5. Labor Legislation
Consists of statutes, regulations, and jurisprudence governing the relations
between capital and labor, by providing for certain employment standards
and a legal framework for negotiating, adjusting and administering those
standards and other incidents of employment.
6. Consent Election
"Consent Election" means the election voluntarily agreed upon by the parties
to determine the issue of majority representation of all the workers in the
appropriate collective bargaining unit.
8. Globe Doctrine/Globe Election Doctrine or will of the members

This doctrine was first enunciated in United States case of Globe Machine
and Stamping Co., where it was ruled that, in defining the appropriate
bargaining unit, that in case where the company’s production workers can
be considered either as a single bargaining unit appropriate for the purpose
of collective bargaining or as three (3) separate and distinct bargaining unit,
the determining factor is the desire of the workers themselves.
Consequently, a certification election should be held separately to choose
which representative union will be chosen by the workers.
9. Bargaining unit
is a group of employees sharing mutual interest within a given employer
unit, comprised of all or less that all of the entire body of employees in the
employer unit or any specific occupational or geographical grouping within
such employer unit.
3. Collective Bargaining History Doctrine
This doctrine puts premium to the prior collective bargaining history or affinity
of the employees in determining the appropriate bargaining unit. However,
the existence of a prior collective bargaining is neither decisive nor
conclusive in the determination of what constitute an appropriate bargaining
unit.
4. Employment Status Doctrine
The determination of the appropriate bargaining unit is based on the

employment status of the employees. (Philippine Land-Air-Sea Labor Union
v. CIR)
1. Community or Mutuality of Interest Doctrine

Under this doctrine, the employees sought to be represented by the
collective bargaining agent must
have community or mutuality of interest in the terms of employment and
working conditions as evinced by the type of work they perform. It is
characterized by similarity of employment status, same duties and
responsibilities and substantially similar compensation and working
conditions.

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Labor Standards Laws: Et. Al., G.R. No. 86963, August 6, 1999) - They Are Covered by Books I To IV

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Labor Standards Laws

Labor standards refers to the minimum requirements prescribed by existing

Labor Relations Laws

What is the purpose of labor legislation?

3. Certification year bar (One year bar rule)

4. Deadlock Bar Rule

8. Globe Doctrine/Globe Election Doctrine or will of the members

4. Employment Status Doctrine

The determination of the appropriate bargaining unit is based on the

1. Community or Mutuality of Interest Doctrine

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