The OLWL requires that the labor union requesting to negotiate a CBA at a decentralized level be the most representative of the interested workforce in order to obligate the employer to negotiate. If there are two or more unions, the matter is to be resolved based on the membership of each union, measured through the records maintained by the National Registry of Union Organizations (which is supposed to start in January, 2013), or, if this verification is not possible through this Registry, the same must be made by organizing a referendum for the interested workers to vote. In companies where there is only one union, however, said union is considered to be the most representative one for purposes of activating the employer's obligation to negotiate. In the former Organic Labor Law in effect prior to May 7, 2012, the union was required to represent the absolute majority (more than 50%) of the interested workers in order to obligate an employer to negotiate a CBA at a decentralized level.
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Organic Labor and Workers' Law (the "OLWL") in effect since May 7, 2012 introduces changes to the majority requirement needed to obligate the employer to negotiate a collective bargaining agreement ("CBA") at a decentralized level
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