Law Summary
Definitions
- "Court": Court of Industrial Relations.
- "Service": Conciliation Service of the Department of Labor.
- "Employer": Person acting for an employer but excludes labor organizations unless acting as employers.
- "Employee": Includes those affected by labor disputes or unfair labor practices.
- "Labor Organization": Union or association for collective bargaining.
- "Legitimate Labor Organization": Registered labor organization.
- "Company Union": Labor organization formed via unfair labor practice.
- "Unfair Labor Practice": Acts listed in Section 4.
- "Labor Dispute": Controversy over employment terms or representation.
- "Supervisor": Person with authority over employment decisions.
- "Strike": Temporary work stoppage by employees.
- "Lockout": Employer's temporary refusal to provide work.
Employees' Right to Self-Organization
- Employees can form/join labor organizations for collective bargaining.
- Supervisors cannot join employee labor organizations but may form separate ones.
Unfair Labor Practices
- Employer violations: Interference, coercion, discrimination, domination of unions, dismissal for union activities, refusal to bargain.
- Labor organization violations: Restrain/coerce employees, cause employer discrimination, refuse to bargain, collect payments for unperformed services.
Unfair Labor Practice Cases
- Court of Industrial Relations has exclusive jurisdiction.
- Investigation and hearing procedures without mediation or pre-trial.
- Flexible evidentiary rules focusing on speedy fact-finding.
- Orders may include cease and desist, affirmative action, reinstatement, posting of decisions.
- Violation of court orders constitutes contempt.
Appeals in Unfair Labor Practice Cases
- Appeal to Supreme Court within 10 days.
- Appeal does not stay court order.
- Supreme Court reviews questions of law only; factual findings are conclusive.
Fixing Working Conditions by Court Order
- Courts generally cannot set wages or employment conditions except as provided by law.
Private Contracts Contravening Employee Rights
- Contracts restricting union membership or permitting unfair labor practices are null and void.
Injunctions in Labor Disputes
- Courts generally cannot issue injunctions restraining strikes, union activities, or peaceful assembly.
- Injunctions only after hearing and specific factual findings.
- Requires bond to compensate for damages from improper injunctions.
- Parties must attempt negotiation or mediation before injunctions.
- Definitions of labor disputes and interested persons provided.
Labor Disputes in Industries Indispensable to National Interest
- President may certify labor disputes.
- Court may issue restraining orders and fix employment terms pending resolution.
Prohibition Against Strikes in the Government
- Government employees in governmental functions prohibited from striking.
- May join labor organizations that do not require striking.
- Does not apply to government proprietary function employees.
Exclusive Collective Bargaining Representation
- Majority-chosen labor organization is exclusive bargaining representative.
- Court certifies representation; may order secret ballot elections.
- Elections held at request of at least 10% of employees or employer under certain conditions.
- Appeals allowed for election rule violations.
Duty to Bargain Collectively
- Employers and employee representatives must bargain in good faith.
- Duty includes negotiation and execution of agreements.
- Collective bargaining agreements cannot be terminated or modified without 30 days' notice.
- Terms remain effective during negotiation period.
Procedure of Collective Bargaining
- Written notice of proposals required.
- Replies within 10 days; conferences to settle disputes.
- Duty to participate in conciliation meetings.
- Notice of intention to strike or lockout must be filed 30 days prior.
Violation of Duty to Bargain Collectively
- Refusal to bargain or lockouts without bargaining are unlawful.
- Affected employees entitled to back-pay.
- Striking without bargaining may cause loss of employee status and union privileges.
- Absence of negotiation notice presumed violation.
Administration of Agreement and Grievance Handling
- Agreements should include mechanisms for enforcement and adjustment of grievances.
Rights and Conditions of Labor Organization Membership
- Policies for internal union democracy: member reports, financial transparency, elections, strikes votes.
- Prohibitions against subversives and criminals holding office.
- Filing of officer lists and financial reports with Secretary of Labor.
- Proper authorization and receipts for dues and expenditures.
- Officers’ compensation regulated and financial accountability required.
Conciliation Service
- Appointment of conciliators and staff to assist in dispute resolution.
- May intervene on its own or at request.
- Encourages voluntary settlement, may involve secret ballot on employer's last offer.
Compilation of Collective Bargaining Agreements
- Department of Labor maintains public files of agreements and decisions for reference.
Labor-Management Conferences
- President or Secretary of Labor may call conferences to encourage codes of conduct and prevent disputes.
- Emphasizes voluntary industrial relations and democratic principles.
Advisory Labor-Management Council
- Council composed of public member, labor and management representatives.
- Advises Secretary of Labor on dispute avoidance and mediation.
Study of Industrial Relations
- Secretary of Labor to investigate employer-employee relations, collective bargaining, industrial unrest.
- Recommends remedial legislation.
Registration of Labor Organizations
- Registrar maintains records of legitimate labor organizations.
- Requirements: constitution/by-laws, non-subversive affidavits, financial reports.
- Procedure for denial and appeal.
- Cancellation rules and restoration conditions for registrations.
Rights of Labor Organizations
- Rights to represent members in bargaining, own property, and litigate.
- Protection from liability for acts done in furtherance of industrial disputes.
Penalties
- Violation of self-organization rights punished by fines or imprisonment.
- Other violations penalized by fines.
Appropriations
- Funding appropriated for implementation of the Act.
Transitory Provision
- Pending cases processed under previous laws but with efforts for speedy resolution.
Declaration of Invalidity
- Invalid provisions do not affect remainder of Act.
Prior Inconsistent Laws
- Repeals conflicting laws.
Date of Effectivity
- Act effective upon approval.