I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
I'm not anti-labor but I want all of you to be aware of the fact that both employers and employees are capable of committing abuses, and I'm not just talking about ULPs. These are other things you have to be aware of.
Closed-shop Agreement
An agreement that can be put into the main CBA (Collective Bargaining Agreement) where the employer agrees not to hire anyone unless he's a member of the union that entered into the CBA.
Agency Shop Agreement
Can also be put into the CBA. The employer agrees to check-off (deduct) a reasonable amount from the salaries of non-union workers that equals the dues and fees union members pay to the union if the non-union workers accept the benefits of the CBA.
Discrimination
Failure to treat all persons equally when there is no reasonable distinction between those preferred and those not preferred.
Surface Bargaining
When entering into collective bargaining, both parties go through the motions of bargaining but don't have a legal intent to make an agreement. Basically, it's simulated bargaining.
Shifting Bargaining Positions
The employer repeatedly shifts in attitude and position whenever there's a tentative agreement.
Blue-sky Bargaining
Bargaining where exaggerated or unreasonable proposals are made. Happens very often when the labor union is belongs to an extreme faction.
Boulwarism
Bargaining technique where a proposal is offered on a "take it or leave it" basis.
Featherbedding
The union makes/tries to make the employer pay for services that were not rendered.
Yellow Dog Contract
The employer makes the employees promise not to form or join a union as a condition for employment.
Sweetheart Contract
A CBA whose terms and conditions of employment are below the minimum standards set by law.
Sweetheart Contract
A CBA whose terms and conditions of employment are below the minimum standards set by law.
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