Tests to determine if bargaining unit is appropriate

There are four tests that the Bureau of Labor Relations (BLR) and the courts can use in order to determine whether a collective bargaining unit is appropriate. They are:

[1] Will of the Employees (Globe Doctrine);
[2] Affinity and unity of employees’ interest (Substantial Mutual Interests Rule);
[3] Prior collective bargaining history; and
[4] Employment status. (G. R. No. L-10321)

Additional factors that may be taken into consideration are [5] geography and location; and [6] policy of avoiding fragmentation of the bargaining unit.

The second factor is perhaps one of the most conclusive in determining the proper bargaining unit. Inasmuch, as the basic test of a bargaining unit's acceptability is whether it will best assure to all employees the exercise of their collective bargaining rights, industrial experience indicates that the most efficacious bargaining unit is one which is comprised of constituents enjoying a community of interest and economic or occupational unity. This community of interest is reflected in groups having substantial similarity of worlc and duties or similarity of compensation and working conditions. (Rothenberg on labor Relations pp. 490-494)

READ: https://www.projectjurisprudence.com/2019/11/gr-no-96189-july-14-1992.html

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