Labor Relations Questions and Answers (Source: Bar Examination) Q - Is it required that an employer-employee relationship exists between an employer

and the employees in the appropriate bargaining unit before a certification election can be ordered? If so, why? SUGGESTED ANSWER: Yes. it is required that an employer-employee relationship is existing between the employer and the employees in the appropriate bargaining unit before a certification election can be ordered for the simple reason that a certification election is held for the purpose of determining which labor organization shall be the exclusive collective bargaining representative of the employees in an appropriate bargaining unit. There could be no collective bargaining between persons who do not have any employer-employee relationship. ANOTHER SUGGESTED ANSWER: Yes. the Supreme Court has ruled that the existence of an employer-employee relationship is required before a certification election can be held. The Supreme Court in Allied Force Waters Union v. Campania Maritime 19 SCRA 268 (1967). ruled -xxx There being no employer-employee relationship between the parties disputants, there is neither "a duty to bargain collectively" to speak of. And there being no such duty, to hold certification elections would be pointless. There is no reason to select a representative to negotiate when there can be no negotiations in the first place. Where there is no duty to bargain collectively, it is not proper to hold certification elections in connection therewith. Q - Can a "no-union" win in a certification election? SUGGESTED ANSWER: YES. Sec. 20, Rule 9, Book V provides that where the votes cast results in "no union" obtaining the majority, the med arbiter shall declare such fact in the order. Hence, the employees may choose not to be represented by anyone (Reyes-Trajano v.Trajano, G.R. No 84433, June 2, 1992). Q - Right to Strike; Return to Work Order; Assumption Order In a labor dispute, the Secretary of Labor issued an "Assumption Order". Give the legal implications of such an order. SUGGESTED ANSWER: Under Art. 263(g) of the Labor Code, such assumption shall have the effect of automatically enjoining the intended or impending strike or lockout as specified in the assumption order. If one had already taken place at the time of assumption, all striking or lockout employees shall

immediately return to work and the employer shall immediately resume operations and re-admit all workers under the same terms and conditions prevailing before the strike or lockout. The Secretary of Labor and Employment may seek the assistance of law enforcement agencies to ensure

[1]

compliance with this provision as well as with such orders as he may issue to enforce the same. The mere issuance of an assumption order by the Secretary of Labor automatically carries with it are turn-to-work order, even if the directive to return to work is not expressly stated in the assumption order. Those who violate the foregoing shall be subject to disciplinary action or even criminal prosecution. Under Art. 264 of the Labor Code, no strike or lockout shall be declared after the assumption of jurisdiction by the Secretary.

[2]