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.
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.
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.
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.
Jack Pierson, and Pierson Family Axel Pierson Nissa Pierson Glofand Gusfav v. Linda Powers, Charles Powers Kansas Judicial Court United States Government, Office of the President George Bush Ronald Reagan, President Dan Quayle, Vice President Speaker of the House of Representatives House of Representatives Thomas, Representative President of Senate United States Senate State of Kansas, Governor's Office Joan (Nmi) Finney, Governor Michael Hayden, Governor State of California Pete Wilson, Governor Governor Duekmagian State of Minnesota Arnie Carlson, Governor Rudy Perpich Robert M. Small, Assistant United States Attorney Robert D. Rowe, Office of the Vice President L.W. Bennett Michael Antonovich, Supervisor La County Claims Director Pacific Bell Security Department La County District Attorney, Antelope Valley Office American National Bank Antelope Valley Press Carol Wolf Sears Savings Bank Lori Trojan Superior Court of California, La County Crt Eval's Office Barry T. Orlyn, Attorney St