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SBN-1045 - Senate

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supervision, to enforce and execute its decisions, orders, and rulings.<br />

The PSLMC shall implement and administer the provisions of this Chapter. For<br />

this purpose, the PSLMC shall promulgate the necessary rules and regulations to<br />

implement this Chapter.<br />

SEC. 126. Original and Exclusive Jurisdiction of the PSLMC - The PSLMC<br />

shall have original and exclusive jurisdiction to hear and decide the following cases:<br />

Unfair public sector labor and management practice;<br />

Representation issue;<br />

Disputes arising in the course of the conduct of collective negotiations;<br />

Disputes on issues resulting from the implementation of the grievance<br />

machinery;<br />

Determination of the presence or absence of a strike;<br />

Inter-employee organization dispute;<br />

Intra-employee organization dispute;<br />

Employee organization election of officers;<br />

Disputes on issues resulting from the implementation of the provisions of<br />

Collective Negotations and Agreement; and<br />

Other analogous acts as may be determined by the PSLMC.<br />

These cases may be referred to the PSLMC by any of the parties to the dispute<br />

or the PSLMC may motu propriol, take cognizance of the same whenever the interest of<br />

the service so demands.<br />

When the main issue of a particular case is the consequence of a strike or other<br />

concerted activities and the PSLMC has already assumed jurisdiction over the same, no<br />

administrative or disciplinary action shall be instituted by the agency concerned against<br />

any employee involved therein until the final resolution of the case.<br />

SEC.127. Unfair Public Sector Labor and Management Practice. - The<br />

following shall constitute unfair public sector labor and management practice on the part<br />

of the agency:<br />

Interfering with, restraining on coercing employees in the exercise of their<br />

right to self-organization;<br />

Requiring as a condition of employment that an employee shall not form or<br />

join an employee organization or shall withdraw from one to which helshe<br />

belongs;<br />

Discriminating in regard to work schedules, places of assignment and<br />

other terms and conditions of employment in order to encourage or<br />

discourage membership in any employee organization;<br />

Terminating the services or discriminating against any employee for<br />

having signed or filed an affidavit, petition or complaint or given any<br />

information or testimony against the head of the agency or members of<br />

top management;<br />

Refusing to collectively negotiate in good, faith with the accredited<br />

employee organization;<br />

Violating any of the provisions of the Collective Negotiation Agreement;<br />

and<br />

Other analogous acts as may be determined by the PSLMC

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