Beruflich Dokumente
Kultur Dokumente
LAW204M
COURSE DESCRIPTION:
This course is about the legal relations of employees and their
employers as delineated by the employees rights to self-
organization, collective bargaining, and concerted activities,
including the right to strike, on one hand, the employers
management prerogatives and right to lock-out, on the other
hand, as well as the various other modes of labor dispute
resolution.
* This syllabus is intended to be used only in Atty. Aonuevos Law204M class. It should
not be reproduced for any other purpose, nor uploaded to any internet site, without his
express authorization.
7. the meaning, basis and limitations of strikes and other union
concerted activities as well as employer lock-out; and
8. the rudimentary rules of labor relations in the public sector;
and
9. jurisdiction and procedures in settling labor disputes
Class recitation
10%
Individual or a pairs report on any of the following
a. a labor organization registered in 2015 or 2016 (with
emphasis on the process of union organization and
registration, and the particular legal and practical
challenges the organization faced in the process).
b. a CBA registered in 2015 or 2016 (with emphasis on how 10%
the union got certified as bargaining agent, how the
collective bargaining negotiation went, and the particular
legal and practical challenges the parties met faced in the
process).
c. a notice of strike that was filed in 2015 or 2016 (with
emphasis on the dispute involved, how it was resolved, and
the particular legal and practical challenges the union met
faced in the process).
d. a case study on the worth of collective bargaining and
negotiations as a mode of settling a 2015 or 2016 labor
dispute;
e. a case study on the worth of voluntary arbitration as a
mode of settling a 2015 or 2016 labor dispute;
f. a case study on the worth of conciliation and mediation as
modes of settling a 2015 or 2016 labor dispute;
g. How united and strong is the labor movement now?
h. How enlightened are the workers concerning their rights
and obligations as union members and as employees?
i. current problems and prospects regarding the Labor
Codes compliance with the ILO conventions on the right to
self-organization and concerted activities;
j. current problems and prospects regarding public sector
unionism;
k. current problems and prospects regarding the
implementation of tripartism as a state policy.
l. current problems and prospects with the implementation
of the SeNA.
REFERENCES
1. 1987 Constitution of the Philippines;
2. P.D. No. 442 (the Labor Code of the Philippines), as amended;
3. D.O. No. 40-03, as amended;
4. Executive Order No. 180 (1987);
5. Amended Rules Governing the Exercise of the Right of Government
Employees to Self-Organization the Implementing Rules;
6. labor relations law textbooks
.
OTHER READING MATERIALS
1. Sibal, Jorge. 2004. A Century of the Philippine Labor Movement.
(http://ro.uow.edu.au/cgi/viewcontent.cgi?
article=1005&context=unity&sei-redir=1#search=
%22history+of+Philippine+labor+movement%22)
2. EILER.1987. GTU: kurso sa tunay na unyonismo.
3. Ofreneo, Rene. 2006. Globalization and Unionism: The SMU
Challenge
(http://solair.upd.edu.ph/images/Ofreneo,%20Rene%20-
%20Globalization%20and%20Unionism%5B1%5D.pdf)
4. Bitonio, Benedicto Ernesto. Workers Representation Amidst Labor
Flexibility: Insight from the Philippine Experience.
(http://solair.upd.edu.ph/images/bitonio_paper.pdf)
5. Aganon, Marie, et al., 2009. Union Revitalization and Social
Movement Unionism in the Philippines: A Handbook. Friedrich Ebert
Stiftung and U.P. School of Labor and Industrial Relations.
(http://www.fes.org.ph/media/uploads/documents/smu_handbook.jan22
.pdf
6. Manuel, Marlon. The Revised Rules on the Right to Self-Organization:
A Critique to Department Order No. 40, Series of 2003.
http://www.ateneolawjournal.com/Media/uploads/0ff19f727ba0b45179
5d48f03456af9f.pdf
Course Outline
PART I - STATE POLICIES ON LABOR RELATIONS
A. Voluntary/democratic modes of
dispute settlement
2.2.Preferred
Union modes of dispute IR, Book V,
CONST., Rule
Art. XIII,I,Sec.
Sec.3.,
1 (zz)
par. 3;
3.settlement
Workers Association LC,Book
IR, Art. 218 A & I,B;Sec.
V, Rule Kiok1Loy v.
(ccc)
NLRC, G.R. No. L-54334, January
4. Legitimate labor organization LC,
22, Art.
1986;219 (h); IR,
Scout BookV.V,
Ramon Rule
Albano
I,Memorial
Sec. 1 (ee)
College v. Noriel, 85
5. Legitimate workers association IR,
SCRABook494V,(1978)
Rule I, Sec. 1 (ff);
Cebu Seamen's Association,
Collective bargaining Inc. vs. 218
LC, Art. Ferrer-Calleja,
B; Arts. 262 212 264;
SCRA 50(1992)
Arts. 99, 122(b), 123 (par. 3), &
6. Company Union 124Arts.
LC, (pars.
2194& (i)5)
& 259 (d)
C. Union Rationale
Resort to grievance machinery Guijarno v. CIR&, 52
LC, Art 224 274SCRA 307
(1973)
ConciliationRegulation
D. Government and mediation LC, Art. 234(a)
1. Union Registration:
Voluntary arbitration LC, Arts. 224, 274; & 278(h)
a. Definition IR, Book V, Rule I, Sec. 1(qq);
3. Non-interference by PAFLU
LC, Art.v.218Secretary,
B G.R. No.
government L-22228, February 27,
1969.
B. Trade unionism LC, Art. 218 A(b) & (c)
b. Requirements Arts. 240, 241, 244 & 249; IR,
C. Worker enlightenment LC, Arts. 218 A(d), 250 (p) & 292
Book V, Rule III, Sec. 2; San
(a)
Miguel Corp. Employees Union v.
D. Adequate machinery for CONST.,
SM Packing,Art.533
III, SCRA
Sec. 16;
125LC, Arts.
expeditious dispute settlement 218 A(e)
(2007); & 219(l); Development
Progressive Art. 234; Arts.
227 & Art. 292(i) & E.O.
Corp. v. Secretary of Labor, 26 (1992)
205
E. Industrial Peace & Tripartism SCRA 802218
LC, Arts. (1992);
A(f),Takata
290, & 292 (g);
(Philippines)
Art. 220 (2 par.); Arts. v.121
ndCorporation BLR,(2nd
G.R. No. 196276, June 4,
par.), 122 (4th par.), & 182(a)2014
c. Action
F. Worker on Application
participation in decision LC, Arts. 218
LC, Arts. 242 A(g),
& 243; IR, Book
& 267, par. 2;V,
and policy making processes Rule IV, Secs.
R.A. No. 6971,4-7Sec. 5; Philippine
affecting rights,ofduties
d. Effect and welfare
Registration Airlines,
IR, Book V,Inc. v. NLRC,
Rule 225
IV, Sec. 8&SCRA
Rule
301 (1993)