EMPLOYEE
AND LABOR
RELATIONS
LABOR DISPUTE
-Includes any controversy or matter
concerning terms and conditions of
employment or the association or
representation of persons in
negotiating, fixing, maintaining,
changing or arranging the terms and
conditions of employment
KINDS OF LABOR
DISPUTE
A. LABOR STANDARDS DISPUTES -
disputes concerning the terms and
conditions of employment
Compensation
Benefits
Working conditions
KINDS OF LABOR
DISPUTE
B. LABOR RELATIONS DISPUTES
-disputes concerning the Representation Disputes
association or representation of - This sort of disagreement arises
persons when it is unclear which union should
negotiating, fixing, maintaining, represent the workers in collective
changing or arranging the bargaining. This may occur when two
terms and or more unions claim to represent the
conditions of employment. same group of employees or when
the incumbent union's representation
status is challenged.
KINDS OF LABOR
DISPUTE Contract Administration or Personnel
Policy Disputes
Bargaining Disputes
- When the employer and the union
- This sort of conflict occurs when
disagree on the interpretation or
the employer and the union are
unable to reach an agreement on a
implementation of a particular item in
collective bargaining agreement. the collective bargaining agreement
Wages, benefits, working or personnel policy, this sort of conflict
conditions, and other employment emerges. Grievances over disciplinary
terms and conditions may be at proceedings, seniority, or work
issue. assignments are examples of contract
administration issues..
KINDS OF LABOR
DISPUTE
Employment Tenure Disputes
- When an employee disputes the employer's
decision to terminate their job, this sort of dispute
emerges. This might be due to allegations of
wrongful termination, discrimination, or other
factors linked to the employee's employment.
Organizational Right Dispute/Unfair Labor
Practice.
UNFAIR LABOR
PRACTICE (ULP)
Examples of ULP committed by the
Employer To interfere with,
●restrain or coerce employees in
the exercise of their right to self-
organization
●Yellow Dog Condition
●Dominating a union Violation of
the Duty to Bargain
UNFAIR LABOR
PRACTICE (ULP)
.Examples of ULP committed by the
Labor Organization.
●Restraining or coercing employees
in the exercise of their rights to self-
organization
●Union Induced Discrimination
●Featherbedding
●Violation of the Duty to Bargain
Strike
Any temporary stoppage of work by
the concerted action of employee as
a result of an industrial or labor
dispute.
Advantage
1. Immediate realization of worker’s
Reasons for strike:
Low pay demand
Bad working conditions 2. It helps workers in negotiation
Unfair termination of employees
Discrimination Disadvantage
Dissatisfaction on issues related to 1. Poor working relationship between
management/company policy
management and labour
2. Disturbance of peace on a society
Strike
LOCKOUT
The temporary refusal of any employer to
furnish work as a result of an individual or
labor dispute.
Reasons:
In response to a strike initiated by employees
Disputes between workers and
management
DIFFERENT MODES OF
SETTLING LABOR DISPUTE ARBITRATION
20%
NEGOTIATION
20%
NEGOTIATION
COLLECTIVE BARGAINING
CONCILIATION
MEDIATION
MEDIATION COLLECTIVE BARGAINING
ARBITRATION 20% 20%
CONCILIATION
20%
NEGOTIATION
□Parties control the process and they
engage in verbal interaction completely
in their own terms
□Decision is made by the two
conflicting parties
□Applied to the nonunionized or
unorganized group of workers in the
private and government sectors
COLLECTIVE
BARGAINING
□Decision-making process between
union and management
□Aims to set the terms and conditions
of employment and procedures in the
employer-employee relationship
□Aims to ensure that the agreement is
enforced through the grievance
machinery with voluntary arbitration as
the last step in the process.
CONCILIATION
□A third party will assist the parties to
end their dispute perhaps by
condoning each other’s fault or finding
a give-and-take compromise.
MEDIATION
□Similar to conciliation although the
mediator is expected to put forward
settlement proposals.
It is time-saving, it costs a fraction of
10% of litigation,
□it is private and confidential, it restores
relationships, it improves
understanding of underlying issues, It
does not close doors to other options if
the parties are not satisfied, and it is
proven to be more successful in the
Philippines.
ARBITRATION
-A dispute resolution process in which a
neutral third party, called an arbitrator, is
appointed to hear both sides of a dispute
and make a binding decision on the
matter.
-The decision made by an arbitrator is
typically binding, which means that both
sides are required to follow the outcome.
Two kinds of Arbitration
a. Voluntary arbitration- both parties in a dispute agree to
submit their dispute to an arbitrator for a binding decision.
b. Compulsory arbitration- also known as mandatory
arbitration, where the parties involved in a dispute are
required to submit to arbitration instead of pursuing their
claims in court.
NATIONAL LABOR
RELATION COMMISSION
(NLRC)
NLRC is a quasi-judicial body tasked to promote and
maintain industrial peace by resolving labor and
management disputes involving both local and
overseas workers through compulsory arbitration and
alternative modes of dispute resolution. It is attached to
the Department of Labor and Employment for program
and policy coordination.
LABOR ARBITER
Under the Labor Code, it is the Labor
Arbiter who is clothed with the authority to
conduct compulsory arbitration on cases
involving termination disputes and other
labor cases.
He shall have original and exclusive
jurisdiction to hear and decide, within
thirty (30) calendar days after the
submission of the case by the parties for
decision without extension
Thank
You
Presented by: GROUP 2
