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D. Bargaining Unit - Coggle Diagram

- - - - Participation in Policy (267) - notwithstanding any provision of law to the contrary, workers shall have the right, subject to rules and regulations as the SOLE may promulgate to participate in policy and decision-making processes of the establishment where they are employed insofar as said processes will directly affect their rights, benefits and welfare.
        
        Participation;How Done (267) - workers and employers may form labor-management councils: Provided, That the representatives of the workers in such labor-management councils shall be elected by at least the majority of all employees in said establishment.
    - - HOW DETERMINED - Lies in the discretion of the Bureau of Labor Relations. Since no individual factor is given by law. Subject to the legal requirement that proper consideration should be given to all legally relevant factors.
        
        COMMUNITY/MUTUALITY OF INTEREST TEST (UP V. FERRER-CALLEJA) - Whether it will best assure to all employees the exercise of the collective bargaining rights. The most efficacious bargaining unit is one which is comprised of constituents enjoying a community of interest
        
        RELEVANT FACTORS -
        
        similarity in the scale and manner of determining earnings;
        
        similarity in employment benefits, hours of work and other terms and conditions of employment;
        
        similarity in the kinds of work performed;
        
        similarity in the qualifications, skills and training of the employees;
        
        frequency of contract or interchange among the employees;
        
        geographic proximity;
        
        continuity or integration of production processes;
        
        common supervision and determination of labor-relations policy;
        
        history of collective bargaining (SMC v. Hon. Laguesma) - only insofar as it shows mutuality of itnerest in terms of employment and working conditions.
        
        desires of the affected employees;
        
        extent of union organization. [Id]
        
        will of the employees (globe doctrine) - modern complexity of E-E relation structures makes it difficult to identify a clear bargaining unit. This sanctions a series of elections whereby the employees select inclusion in a proposed bargaining unit. This is not controlling, but only a factor.
        
        employment status (ferrer v. calleja) - separate BUs for regular and non-regular
        
        OTHER FACTORS (JURISPRUDENCE)
        
        Size of Unions (SMC v. Hon Laguesma) - Strength in numbers, such that if the formation of multiple bargaining units results in several unions with a meager number, they should be consoldiated instead.
        
        Effect of Prior Agreement To Exclude (General Rubber v. BLR) - Prior agreements with previous bargaining representatives cannot prevent the inclusion of members of the CBU or the formation of unions.
        
        EFFECT OF INCLUSION OF EMPLOYEES OUTSIDE CBU (256, SMCC-SUPER v. Charter Chemical) -
        
        GR - Under Art. 256, employees that should not have been included are automatically deemed removed from the list of membership. This applies to the inclusion of supervisory employees in a rank-and-file union.
        
        XCPN - Unless mingling was due to misrepresentation, false statement or fraud. Here, grounds for cancellation.
        
        CORPORATE ENTITIES (Diatagon Labor Federation Local v. Ople) -
        
        GR - (2) companies with separate juridical personalities are not a single bargaining unit.
        
        XCPN - Pervasive unitary aspect of management such that there is only one employee in effect.
        
        WHO MAY RAISE - A certification election is the sole concern of the workers, except when the employer itself has to file the petition pursuant to Article 259 of the Labor Code, but even after such filing its role in the certification process ceases and becomes merely a bystander. (aka Bystander Rule)
        
        TEACHING PERSONNEL (Holy Spirit) - Should be in different bargaining units from the non-teaching personnel. Here, what happens is separate certification elections after the appropriate exclusion/inclusion proceedings.
        
        Ferrer v. Calleja - the basic test of an asserted bargaining unit’s (BU) acceptability is W/N it is fundamentally the combination w/c will best assure to all employees the exercise of their collective bargaining rights (Democratic Labor)
      - Relevance - Determining the coverage of the bargaining unit determines the following:
        
        Who can vote in the certification election;
        
        Who are represented in the bargaining with the Employee
        
        Who will be covered by the CBA.
      - ABU - Group of persons that the sole and exclusive bargaining agent wants to represent
        
        Multi-Employer Bargaining - Might be async assignment. See Ang Lee - mechanism for this not in the LC.
- - - - ABU - Here, you state what the ABU you want to represent.
        
        Appropriate Bargaining Unit (Sec. 1(d), Bk. V, Rule I) - A group of employees sharing mutual interests 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.
        
        BODY OF EMPLOYEES - Usually less than all as supervisory, etc. cant mix
        
        RELEVANCE OF PERCENTAGES - Number of employees can affect the determination of the ABU i.e. 100% of one ABU can just mean all employees in one branch.
        
        EMPLOYER'S ROLE - Irrelevant, left to the employees to determine what the ABU is
        
        RELEVANT FACTORS -
        
        WILL of employees (Globe Doctrine) - SC used to order plebiscite, but now usually by indication in petition for certification election i.e. we seek to represent supervisors, employees in this area, etc.;
        
        AFFINITY and unity of employees' interest, such as substantial similarity of work and duties, similarity of compensation and working conditions (Most important, includes compensation and working conditions)
        
        PRIOR collective bargaining history; and
        
        EMPLOYMENT status, such as temporary, seasonal and probationary employees.
        
        COMMUNITY/MUTUALITY OF INTEREST TEST (UP V. FERRER-CALLEJA) - Whether it will best assure to all employees the exercise of the collective bargaining rights. The most efficacious bargaining unit is one which is comprised of constituents enjoying a community of interest