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LABOR RELATIONS MCQ Questions COMPILED 3C - Thursday 4:30-7:30pm GROUP #1 (topic: pages 528-593)

Mae bautista A whipsaw strike is defined as? A. A strike against some but not all members of a multiemployer association called for the purpose of pressuring all the employees to negotiate a labor contract; B. One declared by the employees who have a direct and immediate interest, whether economic or otherwise; C. Willful reduction in the rate of work by a group of employees; D. One undertaken by workers in a particular enterprise, locality or occupation

Rachel capapas The Labor Code recognizes only two strikeable grounds that may validly support a strike. The following are non-strikeable issues except: a. any issue involving wage distortion b.violation of labor standards law unless Art. 248 particularly clauses (c), (e) or (i) is also violated c. cases pending at the DOLE regional offices, BLR, NLRC, CA or the SC d. execution and enforcement of orders ANSWER: B

Chan villena The following shall decide or resolve the dispute within thirty (30) calendar days from the date of the assumption of jurisdiction or the submission of the dispute, except: a.) The Ministry b.) The Commission c.) Secretary of Labor and Employment d.) Voluntary Arbitrator Answer: a

Rica san jose Who has the power/jurisdiction to declare a strike/lockout as illegal? A. Secretary of Labor B. NLRC C. Labor Arbiter D. Union Officer

Mary Rose B. Alconaba Under Art. 266 of the LC, the following are the grounds for arrest and detention of union members or organizers except: a. National Interest b. National Security c. Public Peace d. Commission of a Crime Answer: A

Christian p. victa which of the following is not a protection in favor of a legitimate strike a. participation does not sever employment relationship b. strikes are entitled for payment of backwages in a economic strike c. the use of strike breaker is prohibited d. it is not subject to labor injunction or restraining order answer: B The temporary refusal of employer to furnish work as a result of a industrial or labor dispute is called a. Cessation b. Slowdown c. Lockout d. Injunction

Charlton M. Macapala

The following are non-strikeable issues; except a) Cases pending at the DOLE regional offices, BLR, NLRC or its regional branches, Office of the Secretary, Voluntary Arbitrator, Court of Appeals, or the Supreme Court b) Violations of labor standards law, when Article 248, particularly clauses (c), (f), or (i), is also violated c) Inter-union or intra-union disputes d) Any issue covered by a no strike commitment in a duly executed CBA Answer: B Jed medina In the case of santa rosa coca cola the union claims the decision in the san Fernando plant is applicable to them. How did the court decide it? a) They are not similar. The san Fernando plant operation is still operating b) They are similar because the strike is legal c) They are similar because they comply with the requirements of strike d) They are similar because it is a sympathetic strike Answer:A Michael asban Which is not a non strikable issue? a) Inter union dispute/ intra union dispute b) Any caseinvolving wage distortion c) Physical rearrangement of office

d) Collective bargaining deadlock Answer D Joshua de Chavez In strike voting before a strike may actually start it require the secret balloting approval a) Majority of the bargaining unit b) The members of the majority union c) The majority of the members present in the meeting d) The majority of the total union membership in the bargaining unit

Ramayana saidamen The following are non strikeable issue except a) Inter and intra union dispute b) Gross violation of the cba c) Issues submitted to voluntary or compulsory arbitration d) Issues involving labor standard cases Answer b Which of the following statements is false? a) The cooling off period prescribes by law should be fully observed in cases of union busting b) The 7day strike ban should be fully observed in all cases even in cases of union busting c) A strike or lock out vote report should be submitted to the ncmb-dole at least 7 days before the intended date of strike or lock out d) A notice must be served to the ncmb-dole atleast 24 hours prior to the strike or lock out vote by secret balloting

Francesse garingan When there is union busting one of the following procedural requirements can be disposed of with

a) Notice of strike b) Observance of cooling off period c) Taking of strike vote d) Observance of the seven day strike vote report period Michellane yara In the case of GTE directories corporation vs Sanchez, et al, the supreme court ruled that the dismissal of the employees are valid, because A. The employees violated the mandatory provisions of the collecting bargaining agreement B. the employees' overt, direct, deliberate and continued defiance and disregard thr authority of their employers left with no alternative except to impose sanctions C. The employees did not exhaust the remedies in the collective bargaining agreement D. The employess committed illegal acts during the strike Answer: B

Fe magpantay The following constitutes union busting except. a. The union officers are being dismissed b. The mass promotion of its officers and members during the CBA negotiations c. The existence of the union must be threatened by dismissal d. The union officers are duly elected in accordance with the union constitution and by laws jennica ang what is the rule where union members can be liable by a mere membership in a labor union a) Conspiracy liability b) Vicarious liability c) Conversion doctrine d) Contol doctrine Answer b
GROUP #2 (topic: pages 593-655)

ARCILLA, Marianne Rose Q: Which among the following is NOT true? a.Overtime boycott and work slowdown may amount to illegal strike. b.The Labor Minister may immediately take action where a strike has effectively paralyzed a vital industry. c. Union members or union organizers may be arrested or detained for union activities on grounds of national security and public peace or in case of a commission of a crime. d.The penalty imposable on the erring strikers is dismissal from their employment. Answer. D -------------------------------------------------------------------------------------------------------------------------------------------BLANCAFLOR, Lailani Anne Q: When is no strike clause applicable? A. Economic strike B. bargaining deadlock strike C. Unfair labor practice D. Both a and b Answer : D -------------------------------------------------------------------------------------------------------------------------------------------CALUGTONG, Karl Gerard Q: Does the Secretary of the Department of Labor and Employment has the power to assume jurisdiction over a labor dispute and its incidental controversies, including unfair labor practice cases, causing or likely to cause a strike or lockout in an industry indispensable to the national interest? (a) Yes, the Secretary of Labor and Employment may assume jurisdiction over the dispute and decide it or certify the same to the Commission for compulsory arbitration. When, in his opinion, there exists a labor dispute causing or likely to cause a strike of lockout in an industry indispensable to the national interest. (Article 263 (g) of the Labor Code) (b) Yes, provided, that when the Secretary of Labor and Employment has assumed jurisdiction over a strike or lockout dispute or certified the same to the Commission, the parties to such dispute shall immediately inform the Secretary or the Commission as the case may be, of all cases between them pending before any Regional Arbitration Branch, and the Labor Arbiter handling the same of such assumption or certification, whereupon all proceedings before the Labor Arbiter concerning such cases shall cease and the Labor Arbiter shall await instructions from the Secretary or the Commission. (c) No, the exclusive jurisdiction to hear and decide cases above-specified is vested in the labor arbiter as provided in paragraph (a) (1) and (5) of Article 217 of the Labor Code. (d) Both a & b. Answer: D --------------------------------------------------------------------------------------------------------------------------------------------

CASIQUIN, Rica Ysabelle

Q: The supreme court held in PEOPLE vs. VERA REYES that Article 263 (g) and 264 of the labor code have been enacted pursuant to the _________ of the state, which has been defined as the power inherent in a government to enact laws, within constitutional limits, to promote the order, safety, health, morals and general welfare of the society. A. Taxation B. Eminent Domain C. Police Power D. Emergency power of the president E. Law making power of legislative Answer: C -------------------------------------------------------------------------------------------------------------------------------------------CASTRO, Jerome Carlo Q: What is the purpose of Return To Work Order (RTWO) issued pending determination of the legality of a strike? a. to prevent an illegal strike b. to prevent a legal strike c. to maintain the status quo of the parties d. none of the above Answer C -------------------------------------------------------------------------------------------------------------------------------------------CO, Mary Grace Q: A strike was considered invalid in the light of the following circumstances except ____. a. Strikers formed a human cordon alongside the wharf used by the shipping company and blocked all approaches to the vessels in trying to prevent work from being performed by non-striking employees; b. striking in good faith despite the assumption of the Secretary of Labor and his certification of the labor dispute to the NLRC; c. where violence was committed both by the striking employees and the employer company wherein the latter has employed hired men to pacify the strikers; d. where the strike was staged in open and knowing defiance of a return-to-work order. Answer: C -------------------------------------------------------------------------------------------------------------------------------------------FACISTOL, Judy Ann Q: The following are instances when the Secretay of Labor and Employment (SOLE) has abused his discretion, except A. When the SOLE has imposed a stipulation which, even the union, did not ask for. B. When the SOLE has excluded from readmission the employee-strikers whom the employer separated on ground of redunduncy, redunduncy being the cause of strike. C. When the SOLE has restored the strikers to their positions in the company under the last terms and conditions existing before the dispute. D. When the SOLE has restrained the employer from taking disciplinary action against its guilty employers. ANSWER: C FUCOY, Nicandro II Q: An attempt, by arousing a fear of loss, to coerce others, against their will to withhold from one denominated unfriendly to labor their beneficial business intercourse. a. b. Picketing Boycott

c. Slowdown d. Other Concerted Activites Answer: B -------------------------------------------------------------------------------------------------------------------------------------------GODUCO, Barbara Q: Does the defiance of the return to work order automatically justify dismissal of the striking employee? A. Yes, because the RTWO requires mandatory compliance and non-compliance will result to dismissal. B. No, it will only justify dismissal if the refusal of the employee to resume employment is deliberate and unjustified and due process is observed. C. Yes, because defiance of the RTWO is an illegal act which justifies the dismissal of the employee. D. No, only the union officers may be dismissed. Answer: B -------------------------------------------------------------------------------------------------------------------------------------------GOMEZ, Edrich Lito Q: The right to peaceful picketing, which is considered part of the freedom of speech guaranteed by the Constitution, is not absolute. An exception to this is the so-called Innocent Bystander Rule which protects persons with no industrial connection to the labor dispute. This can be invoked if a. It appears that irreparable injury will be committed to such persons b. It appears that there is no paramount interest in the labor dispute c. It appears that the dispute has no basis in law and in fact

d. It appears that the inevitable result of the picket is to create the impression that a labor dispute with which they have no connection or interest exists between them Answer: D -------------------------------------------------------------------------------------------------------------------------------------------HIZON, Jaybee Q: Which of the following is not included in the prohibited acts during a picket? a. acts of violence b. obstruction of ingress or egress c. vandalism d. obstruction of public thoroughfares Answer: C -------------------------------------------------------------------------------------------------------------------------------------------IBASCO, Caselyn Q: Mr J is the owner of J and Sons Hardware which is located beside LBC Bookstore. Union R, the certified bargaining agent of J and Sons Hardware, declared a strike against their employer. Who may file an action for injunction against Union R? A. Mr J B. J and Sons Hardware C. LBC Bookstore D. None of the above Answer: C -------------------------------------------------------------------------------------------------------------------------------------------JOSOL, John Daryl

Q: In the case of PNOC Dockyard and engineering Corp vs NLRC (GR no. 118223), the Supreme Court held: a) The alleged or perceived defiance of the Return-toWork Order (RTWO) does not mean automatic dismissal of the defying employees. Due process must be observed. b) The strike became automatically illegal upon the labor secretary's certification of the dispute to the NLRC for compulsory arbitration. c) That no order, decision or resolution - not even one that is "immediately executory" is binding and automatically executory unless nad until the proper parties are duly notified thereof. d) Refusal to receive the Assumption of Jurisdiction (AJO) amounts to defiance of the order, which defiance make the continuation of the strike an illegal act, thus subjecting the defying strikers to loss of employment status. Answer: C -------------------------------------------------------------------------------------------------------------------------------------------LACSINA, Rochelle Q: Which of the following is not incorrect: a. Illegal obstructions on public thoroughfares, such as streets or sidewalks, are nuisances which local government authorities cannot summarily remove. b. The use of discourteous and impolite language by the picketers gives rise to a cause of action for libel and damages. c. Strike is a method by which one's employees, without seeking a complete stoppage of work, retard production and distribution in an effort to compel compliance by the employer with the labor demands made upon him. d. Boycott may be lawful or unlawful depending on the means and methods employed and the ends intended to be accomplished. Answer: D -------------------------------------------------------------------------------------------------------------------------------------------LOZADA, Marco Miguel Q: One of the following instances is not considered as a labor dispute which causes or likely to cause a strike affecting "national interest" a. Labor dispute resulting to work stoppage in San Beda College, an educational institution of higher learning with about 9,000 students enrolled. b. A strike or lockout involving BDO, a banking industry c. Dispute between labor and management of GTE Directories Corp., resulting to strike by the union where the principal activity of which is the production and publication of telephone directories. d. A strike that involved the nurses of the Asian Medical Hospital in Muntinlupa. Answer: C -------------------------------------------------------------------------------------------------------------------------------------------MANGUBAT, Jan Q: The following are the limitations for picketing, as provided in Article 264 of the Labor Code, except one: a) obstruct the free ingress to or egress from the employer's premises for lawful purposes b) obstruct public thoroughfares c) commit any act which would cause minor disorders d) commit any act of violence, coercion or intimidation Answer: C -------------------------------------------------------------------------------------------------------------------------------------------MATEO, Angelica Q: What is the effect of a defiance of a return-to-work order?

a. The Secretary of Labor automatically assumes jurisdiction over the labor dispute for it becomes a dispute involving national interest; b. The dispute shall be certified to the NLRC for compulsory arbitration. c. The union members are deemed to have committed an illegal act and are therefore subject to dismissal. d. The union officers and members deemed participated in an illegal act and are subject to dismissal. Answer. D -------------------------------------------------------------------------------------------------------------------------------------------MORAL, Eunice Q: Generally, employees can go on strike to compel the removal of an employee, and such is held as lawful. However this rule admits certain exceptions. Which of the following is NOT an exception? A. If the demand was made with bad faith or malice. B. There is preemptory demand to transfer C. Extendible demand D. Stipulation in the Collective Bargaining Agreement E. The employment is for definite period. Answer. D -------------------------------------------------------------------------------------------------------------------------------------------PASCUAL, Arianne Joyce Q: Non-compliance with the Secretary of Labor and Employment shall be considered as an illegal act. Hence the following are the effects of defiance, except: a. Dismissal or loss of employment status b. Commission may seek assistance of law enforcement agencies to ensure compliance and enforcement c. union may file petition for certiorari against NLRC d. payment by the locking-out employer of backwages, damages and/or other affirmative relief Answer. C SANSON, Vanna Katrina Q: Who may declare loss of employment status of the union officer or worker? a. Labor Arbiter b. Employer c. Labor Secretary d. None of the above Answer: B -------------------------------------------------------------------------------------------------------------------------------------------SANTOS, Samantha Q: In a bargaining deadlock, the matter was presided over by the Secretary of Labor. Which of the following acts constitute an outright disregard for the rules and an abuse of discretion on the part of the Secretary of labor? a. Decide and dispose of the dispute within thirty (30) calendar days from the date of the assumption of jurisdiction or submission of the dispute. b. Readmit all employee-strikers under the same terms and conditions prevailing before the strike. c. Exclude from readmission the employees-strikers who were separated due to redundancy as filed by the employer himself. d. Certify the labor dispute to the Commission for compulsory arbitration. Answer: C SOUZA, Chesca

Q: It is a method by which one's employees without seeking a complete stoppage of, retard production and distribution in an effort to compel compliance by the employer with the labor demands made upon him. A.) boycott B.) picketing C.) strike D.) slowdown Answer: D -------------------------------------------------------------------------------------------------------------------------------------------TARRAYA, Joseph Daniel Q: Which of the following is a ground for a union members dismissal? a. Mere participation in an illegal strike b. To knowingly participate in an illegal strike c. To commit an illegal act during a strike

d. None of the above. Answer: C -------------------------------------------------------------------------------------------------------------------------------------------VENENOSO, Amor Q: The following are the requisites of a valid strike except: A. A notice of strike must be filed with the DOLE thirty days before the intended date thereof or fifteen days in case of ULP B. A strike vote must ge approved by a majority of the total union membership in the bargaining unit concerned by secret ballot in a meeting called for that purpose C. Notice must be given to the DOLE of the results of the voting at least seven days before the intended strike D. Notice must be given to the DOLE of the results of the voting at least ten days before the intended strike Answer: D GROUP #3 (topic: pages 655-682)

1) Ray Jacinto V. Vigilia: Which of the Following is NOT among the definitions of "Trade

Union Activities" under art. 270 of the Labor Code? A. Negotiation and Administration of collective Bargaining Agreements. B. Organizing, managing, or assisting union conventions, meetings, rallies, referanda, teach-ins, seminars, conferences, and institutes. C. Shall render technical and other forms of assistance to labor organizations and employer organizations in the field of labor education, especially with respect to Collective Bargaining, arbitration, Labor standards, and the labor code in general.

D. Organization, formation, and administration of labor organizations. E. All forms of Concerted Union Actions. Answer: C, Because it is a function of the Institute of labor and manpower studies under Art. 268 and NOT among the definitions of Trade Union Activities.

2) Jeriel Sawit: Which statement about Boycotts is true?

a) All forms of boycotts are prohibited by law. b) A boycott may be legal or illegal depending on the acts committed. c) Boycotts to be legal must observe the same notice and vote requirements as a strike. d) A boycott may only be legal if done in protest of unfair labor practice Correct answer: B (from the azucena book on the chapter on boycotts) a boycott is protected by freedom of expression but is still subject to reasonable limitations. Why the other answers are wrong: A: Boycotts are not subject to a blanket prohibition, to the contrary it is actually an activity protected by law provided its exercised within reason. C: Boycotts are not strikes. Strikes are nominate in the labor code and requirements imposed by law for a strike to be valid does not extend to non-strike activities. D: This is utterly without legal basis. Boycotts are not limited to ULP issues.

3) Valerie May Cruz: Among the following choices, which statement with regards to the

concept of strike is false? a. It is the cessation of work by employees in an effort to get more favorable terms from themselves, or as a concerted refusal to do any work for their employer until the object of strike is attained. b. It is the combined effort on the part of a body of workmen employed by the same employer to enforce a demand for higher wages, shorter hours, or any other concession, by stopping work in a body at a prearranged time, and refusing to resume work until the demanded concession has been granted. c. It is the temporary refusal of any employer to furnish work as a result of an industrial or labor dispute; it is an employer's act excluding employyees who are union members from the plant. d. It is considered to be the most effective weapon of labor in protecting the

rights of the employees to improve the terms and conditions of their employment. ANSWER: C. Letter C is a definition associated with Lockout instead of Strike. Strike and Lockout are similar because they both connote temporary stoppage of work. The difference is in the identity of the doer. Strike is done by employees or labor union while lockout is resorted to by an employer.

4) Aidrian Saringo: as In the case of Phil Marine Officers guild vs. Compania maritima,a

striker who returned voluntarily to work and abandoned their strike but was refused by the employer for reinstatement is deemed entitled to back wages upon the presence of the valid requisites, except: a. That the strike was legal b. that the strikers are only members of the union c. that the strikers were refused reinstatement d. that there was unconditional offer to return to work answer: B. (Phil marine officers guild vs compania maritima, 22 scra 1113, P. 635 of 6th editon, Azucena.

5) Armie Francisico: MCQ for Labor Relations:

(1.) Can backwages be awarded after a finding that Unfair Labor Practice was committed by the employer? (a.) Yes, but it rests on the sound discretion of the court. (answer) (b.) No, the employer should get the equivalent day's work for what he pays his employees. (c.) Yes, because it is mandated by the Labor Code. (d.) No, the employees are only entitled to reinstatement.

(2.) Can a Labor Organization be held civilly liable? (a.) Yes, whatever damages a strike caused, the Labor Organization can be held liable. (b.) No, when a strike is lawful, no liability arises because of injuries incidental thereto. (answer) (c.) Yes, because whatever happens in a strike is imputable against the Labor Union.

(d.) No, when a strike is lawful, there must first be strikebreakers before a labor organization can incur civil liability.

6) Jose Ma. D. Gonzales: Company "XYZ" is an indispensable industry to the national

interest. There exist a labor dispute between the company and the employees. After the notice of strike the Secretary of Labor assumed jurisdiction, which is not an effect of the assumption of jurisdiction of the Secretary of Labor?

a. enjoins the intended or impending strike after notice to the company and to the union b. if one has already taken place at the time of assumption, all striking employees shall return to work. c. the employer shall re-admit all workers under the same terms and condition prevailing before the strike. d. The employer shall resume the operations under the same conditions before the strike.

Answer: A - The assumption of jurisdiction automatically enjoins the intended or impending strike, it does need notice to the company or union to take effect.

7) Edilbert H. Aguilar: In the case of Brugada, et al. vs The Secretary of Education, why

the Court did not grant backwages? A. Because they were neither exonerated nor unjustifiably suspended. B. Because it is the power of the court to grant backwages in Unfair Labor Practice case. C. The dismissal is due to the fault of the teachers. ANSWER: A. SOURCE: page 663 of the book.

8) Margaret Mangunay: Generally, there are no backwages in strike except:

A. When a laborer absents himself for work because of strike B. When the laborer was able, willing and ready to work but was illegally locket out, dismissed or suspended C. When the employees struck as a voluntary act of protest against what they considered ULP of the company

D. When the employees made a conditional offer to return to work Answer: B - stated in the case of jp heilbronn company vs national union p. 659
9) Kae Dee C. Fernandez: 1. Illegally dismissed strikers should be reinstated regardless of

the circumstances. 2. Discrimination undoubtedly exists where the record shows that the union activity of the rehired strikers has been less prominent than that of the strikers who were denied reinstatement. A. Both statements are true. B. Both statements are false. C. Only the first statement is true. D. Only the last statement is true. First statement in p. 665; second statement in p. 656

10)

Dahn S. Uy: Here, Which of the following is true with regard to boycott? a) A primary boycott is a combination not merely to refrain from dealing with a person, or to advise customers to refrain or even exert coercive pressure on such customers for them to withdraw patronage via fear of loss or damage. b) Boycott by labor to require an employer to coerce his employees to pay union dues or to discharge them is a lawful boycott. c) "work slowdown" is a strike on the installment plan without a complete stoppage of work, retard production or performance of duties and functions to compel management to grant their demands. d)"Overtime boycott" and "Slowdown" is always lawful because it does not create a complete stoppage of work and therefore cannot result to an illegal strike. ANSWER: C

11) Kenneth Garcia: Members of the union and employees X and Y were involved in an unfair labor practice strike against ABC Corporation. X as an employee was discriminatorily dismissed for union activities and Y voluntarily went on strike even if it is in protest of an unfair labor practice. X, while on strike was found committed an unlawful conduct. After deliberation, the decision was held against ABC Corporation. X and Y are entitled to: a. X and Y should be reinstated. b. X and Y should be reinstated and be given back pay. c. Y should be reinstated. d. X and Y should be reinstated but only Y is entitled to backpay.

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