1.

Yellow Dog Contract It is a promise exacted from workers as condition of

employment that they are not to belong to, or attempt to foster, a union during
their period of employment.
It is null and void because:
a. It is contrary to public policy for it is tantamount to involuntary servitude.
b. It is entered into without consideration for employees in waiving their right to
self-organization
c. Employees are coerced to sign contracts disadvantageous to their family.
Yellow Dog Condition - it is to require as a condition of employment that a
person or an employee shall not join a labor organization or shall withdraw
from one to which he belongs.
Union Security Clause is a generic term which is applied to and comprehends
closed shop, union shop, maintenance of membership or any other form of
agreement which imposes upon employees the obligation to acquire or retain union
membership as a condition affecting employment.
2. Union Shop Agreement stipulation whereby any person can be employed by
the employer but once employed, such employee must, within a specific period,
become a member of the contracting union and remain as such in good standing
for continued employment for the duration of the CBA.
3. Featherbedding It refers to the practice of the union or its agents in causing
or attempting to cause an employer to pay or deliver or agree to pay or deliver
money or other things of value, in the nature of an exaction, for services which
are performed or not to be performed, as when a union demands that the
employer maintain personnel in excess of the latters requirements.
Note: It is not featherbedding if the work is performed no matter how
unnecessary or useless it may be.
4. Bulwarism It occurs when employer directly bargains with the employees
regarding the union; the aim was to deal with the labor union through employees
rather than with the employees thru the union. Employer submits its proposals
and adopts a take-it-or-leave-it stand.
5. Jurisdiction of Voluntary Arbitrator
A. Original and Exclusive jurisdiction over:
1. All unresolved grievances arising from the:
a. Implementation or interpretation of the CBA
b. Interpretation or enforcement of company personnel policies
2. Wage distortion issues arising from the application of any wage orders in
organized establishments
3. Those arising from interpretation and implementation of productivity
incentive programs under R.A. 6971
4. Violations of CBA provisions which are not gross in character are no longer
treated as ULP and shall be resolved as grievances under the CBA.

Note: Gross violation of CBA provisions shall mean flagrant and/or

malicious refusal to comply with the economic provisions of such
agreement.
Violations of a Collective Bargaining Agreement which are NOT gross in
character shall not be treated as unfair labor practice and shall be
resolved as grievances under the Collective Bargaining Agreement.
The NLRC and the Regional Offices and the Regional Directors of the DOLE
shall NOT entertain disputes, grievances or matters under the exclusive
and original jurisdiction of the voluntary arbitrator.
It shall IMMEDIATELY DISPOSE and REFER the same to the grievance
machinery or voluntary arbitration provided in the collective bargaining
agreement.
5. Any other labor disputes upon agreement by the parties including ULP and
bargaining deadlock. (Article 262).
B. Concurrent jurisdiction of Voluntary Arbitrator:
1. ULP with Labor Arbiters upon agreement of the parties
2. Bargaining deadlocks with NCMB upon agreement of the parties.
6. Certification Election It is the process of determining the sole and exclusive
bargaining agent of the employees in an appropriate bargaining for the purposes
of collective bargaining. It is the fairest and most effective way of determining
which labor organization can truly represent the workforce.
Nature: Not a litigation but merely an investigation of a non-adversarial factfinding character in which the Bureau of Labor Relations plays the part of a
disinterested investigator seeking merely to ascertain the desires of the
employees as to the matter of their representation.
Objectives of C.E.:
a. To determine the appropriate bargaining unit, and
b. To ascertain the majority representation of the bargaining representative, if
the employees desire to be represented at all by anyone.
7. Voluntary Recognition This is the process whereby the employer recognizes
a labor organization as the exclusive bargaining representative of the employees in
the appropriate bargaining unit after a showing that the labor organization is
supported by at least the majority of the employees in the bargaining unit.
NOTE: Voluntary Recognition is allowed only if there is no other legitimate labor
organization operating within the bargaining unit. [(Department Order No. 9, Rule X,
Sec. 1 (c)].