LABOR LAW REVIEWER

(For Sale P500 only )

I
Q.
When may a certification election be automatically called?
Suggested Answer
"ART. 257. Petitions in Unorganized Establishments. - In any establishment where
there is no certified bargaining agent, a certification election shall automatically be
conducted by the Med-Arbiter upon the filing of a petition by any legitimate labor
organization, including a national union or federation which has already issued a
charter certificate to its 1ocal/chapter participating in the certification election or a
local/chapter which has been issued a charter certificate by the national union or
federation. In cases where the petition was filed by a national union or federation,
it shall not be required to disclose the names of the local chapter's officers and
members."
Q.
What is the employees right to self - organization?
Suggested Answer
To form, join and assist labor organizations for the purpose of collective
bargaining (CB) through representatives of their own choosing; and
To engage in lawful and concerted activities for the purpose of CB or for their
mutual aid and protection. (Art. 246)
II
To determine the sole and exclusive bargaining agent of the workers and employees of X Mining
Co., a certificate election was held among the three contending unions, namely, Union A, Union
B, and Union C. Of the 560 eligible voters, only 500 actually cast their votes, Union A
garnered 220 votes, Union B garnered 242 votes, Union C garnered 30 votes, while the rest of
the ballots were considered as spoiled.
Q.
How do you determine the majority vote in a certification election?
Suggested Answer
50% + 1 of the valid votes cast.
Q.
In the problem, which of the contending unions won the certification election, i f any?
Why?
None of the contending Unions won the certification election.
The law provides that the union obtaining the majority of the valid votes cast by
the eligible voters shall be certified as the sole and exclusive bargaining agent of all
the workers in the appropriate bargaining unit. This majority is 50% + 1. Hence,
50% of 500 is 250 + 1 is 251.
In the given problem, none of the contending Unions obtained at least 251 votes.

III
Q.
What is the jurisdiction of the Labor Arbiter under Art. 217 of the L abor Code of the
Philippines?
Suggested Answer
Original and exclusive jurisdiction to hear and decide the following cases
involving all workers, whether agricultural or non-agricultural:
1.
Unfair labor practice cases;
2.
Termination disputes;
3.
If accompanied with a claim for reinstatement, those cases that workers
may file involving wages, rates of pay, hours of work and other terms and
conditions of employment;
4.
Claims for actual, moral, exemplary and other forms of damages arising
from employer-employee relations;
5.
Cases arising from any violation of Article 264 of the Labor Code, as
amended, including questions involving the legality of strikes and lockouts;
6.
Except claims for employees compensation not included in the next
succeesing paragraph, social security, medicare, and maternity benefits, all other
claims arising from employer-employee relations, including those of persons in
domestic or household service, involving an amount exceeding Five Thousand
Pesos (P5,000.00), whether or not accompanied with a claim for reinstatement;
7.
Wage distortion disputes in unorganized establishments not voluntarily
settled by the parties pursuant to Republic Act No. 6727;
8.
Enforcement of compromise agreements when there is non-compliance
by any of the parties pursuant to Article 227 of the Labor Code, as amended;
9.
Money claims arising out of employer-employee relationship or by virtue
of any law or contract, involving Filipino workers for overseas deployment,
including claims for actual, moral, exemplary and other forms of damages as
provided by Section 10, Republic Act No. 8042, as amended by Republic Act No.
10022; and
10.
Other cases as may be provided by law.
IV
Q.
May the administrative proceedings and the criminal prosecution for unfair labor practices
be instituted and held simultaneously? Why?
Suggested Answer
No, they may not be instituted and held simultaneously.
The law provides that no criminal prosecution may be instituted without a final
judgment, finding that an unfair labor practice was committed, having been first
obtained in the administrative proceeding.
V
Q.
Union A wins over Union B in a certification election, then enters into a collective
bargaining agreement with the employer. The CBA contains among others a closed shop provision.

As member of Union B, the loser, did not apply for membership in Union A, the latter demanded
that the employer dismiss the said employees pursuant to the closed shop agreement. Is the
employer obliged to dismiss them? Why?
Suggested Answer
NO
The closed-shop agreement should apply to persons to be hired or to employees
who are not yet members of any labor organization. It is inapplicable to those
already in the service who are members of another union. To hold otherwise, i.e.,
that the employees in a company who are members of a minority union may be
compelled to disaffiliate from their union and join the majority or contracting
union, would render nugatory the right of all employees to self-organization and to
form, join or assist labor organizations of their own choosing, a right guaranteed by
the Constitution.
VI
Q.
Cite the 1987 Constitutional provision of Section 3 Article 13.
Suggested Answer
Section 3. The State shall afford full protection to labor, local and overseas,
organized and unorganized, and promote full employment and equality of
employment opportunities for all.
It shall guarantee the rights of all workers to self-organization, collective bargaining
and negotiations, and peaceful concerted activities, including the right to strike in
accordance with law. They shall be entitled to security of tenure, humane
conditions of work, and a living wage. They shall also participate in policy and
decision-making processes affecting their rights and benefits as may be provided
by law.
The State shall promote the principle of shared responsibility between workers
and employers and the preferential use of voluntary modes in settling disputes,
including conciliation, and shall enforce their mutual compliance therewith to
foster industrial peace.
The State shall regulate the relations between workers and employers, recognizing
the right of labor to its just share in the fruits of production and the right of
enterprises to reasonable returns to investments, and to expansion and growth.
VII
Q.
Discuss the composition of the National Labor Relation Commission; Qualification of the
Commissioner and L abor Arbiters.
Suggested Answer
ART. 213. National Labor Relations Commission. - There shall be a National
Labor Relations Commission which shall be attached to the Department of Labor
and Employment SOLELY for program and policy coordination only, composed
of a Chairman and TWENTY-THREE (23) Members.

EIGHT (8) members each shall be chosen ONLY from among the nominees of
the workers and employers organizations, respectively. The Chairman and the
SEVEN (7) remaining members shall come from the public sector, with the latter
to be chosen PREFERABLY from among the INCUMBENT LABOR
ARBITERS.
ART. 215. Appointment and Qualifications. - The Chairmans and other
Commissioners shall be members of the Philippine Bar and must have been
engaged in the practice of law in the Philippines for at least fifteen (15) years, with
at least five (5) years experience or exposure in the field of labor-management
relations, and shall preferably be residents of the region where they SHALL hold
office. The Labor Arbiters shall likewise be members of the Philippine Bar and
must have been engaged in the practice of law in the Philippines for at least ten
(10) years, with at least five (5) years experience or exposure in THE FIELD OF
labor-management relations.
VIII
Q.
Are government employees entitled to unionize?
Suggested Answer
The right to unionize or to form organizations is explicitly recognized and granted
to employees in both the governmental and the private sectors. The Bill of Rights
provides that "(t)he right of the people, including those employed in the public and
private sectors, to form unions, associations or societies for purposes not contrary
to law shall not be abridged"
This guarantee is reiterated in the second paragraph of Section 3, Article XIII, on
Social Justice and Human Rights, which mandates that the State "shall guarantee
the rights of all workers to self-organization, collective bargaining and negotiations,
and peaceful concerted activities, including the right to strike in accordance with
law ...."
Specifically with respect to government employees, the right to unionize is
recognized in Paragraph (5), Section 2, Article IX B which provides that "(t)he
right to self-organization shall not be denied to government employees."
IX
Q.
Distinguish managerial employees from supervisory personnel.
Suggested Answer
Art. 245 of the Labor Code
Ineligibility of managerial employees to join any labor organization; right of
supervisory employees. Managerial employees are not eligible to join, assist or
form any labor organization. Supervisory employees shall not be eligible for
membership in a labor organization of the rank-and-file employees but may join,
assist or form separate labor organizations of their own.

X
Q.
Are legal or executive secretaries eligible to join the rank and file union? Why?
Suggested Answer
Legal or executive secretaries are not eligible to join the rank and file union.
Legal secretaries should be differentiated from rank-and-file employees because
they are tasked with, among others, the typing of legal documents, memoranda
and correspondence, the keeping of records and files, the giving of and receiving
notices, and such other duties as required by the legal personnel of the
corporation. Legal secretaries therefore fall under the category of confidential
employees. . . .
Executive secretaries are also confidential employees, hence they are not eligible
to join the rank and file union. (Metrolab Industries Inc. v. Confesor, G.R. No.

108855, Feb. 28, 1996)

Another suggested answer
The secretaries/clerks and checkers, not being confidential employees, are not
disqualified from membership in the Union of rank-and-file employees.
There is no showing that the secretaries/clerks and checkers assisted or acted in a
confidential capacity to managerial employees and obtained confidential
information relating to labor relations policies. And even assuming that they had
exposure to internal business operations of the company, this is not per se ground
for their exclusion in the bargaining unit of the daily-paid rank-and-file employees.

(Tunay Na Pagkakaisa Ng Manggagawa Sa Asia Brewery vs. Asia Brewery, Inc.)

XI
Q.
May aliens join labor unions in the Philippines?
Suggested Answer
Aliens or foreigners working in the Philippines may join labor unions but they
cannot form labor unions. In order to be eligible to join labor unions, aliens must
first be issued valid working permits by the Department of Labor and
Employment. Further, aliens may join labor unions provided the following
circumstances are present:
a.
The alien employee must be a citizen of a country that has democratic
ties with the Republic of the Philippines
b.
The alien employee must be a citizen of a country which grants the same
or similar rights to Filipino workers a certified by the Department of foreign
Affairs (reciprocity).
XII
Q.
Are employees of a cooperative entitled to form a union? Why?
Suggested Answer
The right to collective bargaining is not available to an employee of a cooperative
who at the same time is a member and co-owner thereof. With respect, however,

to employees who are neither members nor co-owners of the cooperative they are
entitled to exercise the rights to self-organization, collective bargaining and
negotiation as mandated by the 1987 Constitution and applicable statutes.
XIII
Q.
May an employee be compelled to become a member of a labor organization? Explain
briefly?
Suggested Answer
An employee may not be compelled to become a member of a labor organization.
As employees have rights to form, join, and assist labor organizations, it follows
that they have the right not to form, join, and assist labor organization.
XIV
Q.
May a deduction for death aid benefits be made from the wages of the union members by
means of a board resolution of the directors of the union?
Suggested Answer
Art. 113 Wage DeductionNo employer in his own behalf or in behalf of any
person, shall make any deduction from the wages of his employees, except:
(a)
In cases where the worker is insured with his consent by the employer,
and the deduction is to recompense the employer for the amount paid by him as
premium on the insurance;
(b)
For union dues, in cases where the right of the worker or his union to
check off has been recognized by the employer or authorized in writing by the
individual worker concerned; and
(c)
In cases where the employer is authorized by law or regulations issued by
the Secretary of Labor.
XV
Q.
May the employer file a petition for certification election in an unorganized
establishment? Explain.
Suggested Answer
Article 257. Petitions in Unorganized Establishments. - In any establishment
where there is no certified bargaining agent, a certification election shall
automatically be conducted by the Med-Arbiter upon the filing of a petition by any
legitimate labor organization, including a national union or federation which has
already issued a charter certificate to its 1ocal/chapter participating in the
certification election or a local/chapter which has been issued a charter certificate
by the national union or federation. In cases where the petition was filed by a
national union or federation, it shall not be required to disclose the names of the
local chapters officers and members.
Article 258. When an employer may file petition. When requested to bargain
collectively, an employer may petition the Bureau for an election. If there is no

existing certified collective bargaining agreement in the unit, the Bureau shall, after
hearing, order a certification election.
Article 258-A. Employer as Bystander. - In all cases, whether the petition for
certification election is filed by an employer or a legitimate labor organization, the
employer shall not be considered a party thereto with a concomitant right to
oppose a petition for certification election.
XVI
Q.
May a petition for certification election filed after the lapse of sixty-day freedom period be
allowed? Why?
Suggested Answer
As a general rule, in an establishment where there is a CBA in force and effect, a
PCE may be filed only during the freedom period of such CBA. But to have that
effect, the CBA should have been filed and registered with the DOLE. (Art. 231,
253A and 256, LC). (1997 Bar Question)
Thus, a CBA that has not been filed and registered with the DOLE cannot be a
bar to a CE and such election can be held outside the freedom period of such
CBA.
Alternative Answer:
A PCE may be filed outside the freedom period of a current CBA if such CBA is
a new CBA that has been prematurely entered into, meaning, it was entered into
before the expiry date of the old CBA. The filing of the PCE shall be within the
freedom period of the old CBA which is outside the freedom period of the new
CBA that had been prematurely entered into.
XVII
Q.
What is a Collective Bargaining Agreement?
Suggested Answer
It is a contract executed upon request of either the employer or the exclusive
bargaining representative of the employees incorporating the agreement reached
after negotiations with respect to wages, hours of work and all other terms and
conditions of employment, including proposals for adjusting any grievances or
questions under such agreement.
XVIII
Q.
Explain the meaning of the duty to bar gain collectively.
Suggested Answer
Article 252. Meaning of duty to bargain collectively. The duty to bargain
collectively means the performance of a mutual obligation to meet and convene
promptly and expeditiously in good faith for the purpose of negotiating an
agreement with respect to wages, hours of work and all other terms and conditions
of employment including proposals for adjusting any grievances or questions

arising under such agreement and executing a contract incorporating such

agreements if requested by either party but such duty does not compel any party to
agree to a proposal or to make any concession.
XIX
Q.
Describe briefly the procedure in collective bargaining.
Suggested Answer
Article 250. Procedure in collective bargaining. The following procedures shall
be observed in collective bargaining:
(a) When a party desires to negotiate an agreement, it shall serve a written notice
upon the other party with a statement of its proposals. The other party shall make
a reply thereto not later than ten (10) calendar days from receipt of such notice;
(b) Should differences arise on the basis of such notice and reply, either party may
request for a conference which shall begin not later than ten (10) calendar days
from the date of request.
(c) If the dispute is not settled, the Board shall intervene upon request of either or
both parties or at its own initiative and immediately call the parties to conciliation
meetings. The Board shall have the power to issue subpoenas requiring the
attendance of the parties to such meetings. It shall be the duty of the parties to
participate fully and promptly in the conciliation meetings the Board may call;
(d) During the conciliation proceedings in the Board, the parties are prohibited
from doing any act which may disrupt or impede the early settlement of the
disputes; and
(e) The Board shall exert all efforts to settle disputes amicably and encourage the
parties to submit their case to a voluntary arbitrator.
XX
Q.
Discuss briefly the importance of union secur ity clause.
Suggested Answer
A union security clause in a CBA should be interpreted to give meaning and effect
to its purpose, which is to afford protection to the certified bargaining agent and
ensure that the employer is dealing with a union that represents the interests of the
legally mandated percentage of the members of the bargaining unit.