Labor Law II Discussion

11-11-2014
Q: WHAT HAVE YOU LEARNED IN LABOR STANDARDS LAW?

A: No employer-employee relationship, Labor Code will not apply.
Q: WHAT DO WE MEAN BY LABOR STANDARDS?
A: Ordinarily, STANDARD means the MEASURE or the YARDSTICK OF MEASURING the obligations of the employer and the rights of the employee.
Q: WHAT IS AN EXAMPLE OF A RIGHT GIVEN TO EMPLOYEE?
A: The right to SALARY.
Q: WHAT IS THE STANDARD FOR WAGE OR SALARY?
A: Minimum wage.
Q: WHAT ARE THE 2 MAJOR DIVISIONS OF THE STUDY OF LABOR LAW?
A:
1. Labor Standards
2. Labor Relations the subject matter of this course
Q: WHAT IS LABOR RELATIONS AS AGAINST LABOR STANDARDS?
A: Labor Relations are mechanism to ENFORCE Labor STANDARDS. Labor Standards sets the MINIMUM terms and conditions of employment while
Labor Relations IMPROVES the standards. Therefore, Labor Relations are mechanism to ENFORCE and IMPROVE the Labor Standards through
voluntary negotiation.
Q: HOW DOES LABOR RELATIONS IMPROVE LABOR STANDARDS?
A: Through Labor Relations, the standards set by law may be increased through means such as voluntary negotiation.
Q: WHAT IS THE RELATIONSHIP BETWEEN LABOR STANDARDS AND LABOR RELATIONS?
A: Labor Standards provide for the minimum terms and conditions of employment which the employer must comply and to which employees are entitled.
Whereas Labor Relations provide for mechanism to ENFORCE and IMPROVE the Labor Standards through voluntary negotiations between employees
and employer.
Q: HOW IS LABOR STANDARDS ENFORCED?
A: When Labor Standards are violated, Labor Relations provide for mechanisms to enforce the Labor Standards.
Q: WHY IS THERE STATE POLICIES IN EVERY PROVISION OF LAW?
A: So that in understanding the provisions of the law, you will have at the back of your mind the objectives of such provisions.
Q: WHAT ARE THE GUARANTEES TO LABOR AS A STATE POLICY?
A:
1. Protection to labor
2. Full employment
3. Equal work opportunities regardless of sex, race or creed
4. Regulate the relations between workers and employers
5. Rights of workers to self-organization
6. Collective bargaining
7. Security of tenure
8. Just and humane conditions of work
Red: Applies to Labor Standards
Violet: Applies to Labor Relations
Brown: Applies to Both Labor Standards and Labor Relations
LABOR
1.
2.
3.
4.
5.
STANDARDS:
Protection to labor
Regulate the relations between workers and employers
Full employment
Equal work opportunities regardless of sex, race or creed
Just and humane conditions of work
LABOR
1.
2.
3.
4.
5.
RELATIONS:
Protection to labor
Regulate the relations between workers and employers
Rights of workers to self-organization
Collective bargaining
Security of tenure
Q: IS EMPLOYER-EMPLOYEE RELATIONSHIP FACTUAL OR STATUTORY?

A: Factual because it is determined by the circumstances surrounding the relationship of employer and employee.
Q: IS IT CONTRACTUAL OR STATUTORY?
A: Contractual, therefore, if the employer denies employer-employee relationship, then that provision in the contract will hold.
Q: BUT WHAT IF THE CONTRACT EXPRESSLY STIPULATES THAT IT DOES NOT HAVE EMPLOYER-EMPLOYEE RELATIONSHIP, WILL THE
ANSWER BE THE SAME?
A: Yes, it is contractual. It is voluntary in a way that no one may be compelled. And it is imposed not by law but by the facts surrounding the relationship.
Therefore, it is BOTH FACTUAL AND CONTRACTUAL.
Q: AMONG THE 4 TESTS, WHAT DOES IT MEAN WHEN WE SAY THAT THE MOST CONTROLLING IS THE CONTROL TEST?
A: It means that even without the 3 other tests, if the control test is present, then there is employer-employee relationship.
Q: WHAT IS THE SITUATION WHERE THERE IS ABSENCE OF 3 TESTS BUT THERE IS PRESENCE OF CONTROL TEST?
A: Labor only contracting. Employer is deemed the employer of employees even though the principal is not the one who hires, pays or dismisses as long
as the employees are subjected to the control of the principal.
Q: WHAT IS ENUNCIATED IN ART. 211 OF LABOR CODE?
A: There is employment dispute.
Q: WHY IS THERE EMPLOYMENT DISPUTE?
A: There are 2 conflicting interests: on the part of the employer, the increase of profit and on the part of the employee, the increase of salary. There
arises a conflict when there is minimization of expenses. Higher salary means higher expenses. Ones interest then would need an increase of salary
while ones interest would need a decrease in expenses.
Q: HOW IS CONFLICT OF INTEREST RESOLVED?
A: All doubts in the interpretation of Labor laws must be resolved in favor of labor.
Q: WHAT IS THE MODE OF SETTLING DISPUTE IN TERMS OF HIERARCHY?
A:
1. Voluntary negotiation (collective bargaining, conciliation).
2. Voluntary arbitration.
3. Compulsory arbitration.
11-17-2014
Q: IN UNDERSTANDING LABOR LAWS, SUCH UNDERSTANDING MUST BE MADE WITHIN THE CONTEXT OF MANAGERIAL PREROGATIVES.
ARE THESE PROVIDED BY THE LABOR CODE OR BY THE CONSTITUTION?
A: It is not provided in either. It is INHERENT.
Q: WHAT ARE THESE MANAGERIAL PREROGATIVES?
A:
1. Prerogative to hire employees: prerogative to determine who is fit to be employed by them.
2. Prerogative to pay (determine salary of) employees.
3. Prerogative to dismiss employees:
4. Prerogative to control performance of employees.
Q: WHAT GOES WITH THE RIGHT TO SELECT EMPLOYEES?
A: The right to prescribe QUALIFICATIONS.
Q: WHAT GOES WITH THE RIGHT TO DISMISS EMPLOYEES?
A: The right to determine STANDARDS OF WORK PERFORMANCE or ACCEPTABLE BEHAVIOR in determining when employees may be said to be
unfit to continue the employment.
Q: WHAT GOES WITH THE RIGHT TO PAY EMPLOYEES?
A: The right to determine HOW MUCH AND WHO AMONG THE EMPLOYEES MAY BE PAID OF SUCH (how much will be paid to whom).
Q: WHAT GOES WITH THE RIGHT TO CONTROL EMPLOYEES?
A: The right to prescribe the MEANS AND METHODS of accomplishing the work and the OUTPUT of the work.
Q: WHAT WOULD COMPANY RULES AND REGULATIONS BE PERTAINING TO IF IT IS NOT TO PRESCRIBE THE MEANS AND METHODS?
A: The right of control over the employee:
1. work performance in order that the manner of work or output will be achieved in an efficient way
2. behavior at the workplace, towards the employees, supervisors and work premises to support
Q: WHAT IS THE ONLY LIMITATION ON THE PREROGATIVE TO HIRE EMPLOYEES (THIS PREROGATIVE IS THE MOST UNREGULATED)?
A: Age. Below 18 years old is NOT employable, as a rule. But this is subject to limitations. Should be non-hazardous and not impede the opportunity for
schooling.
Q: WHAT IS THE LIMITATIONS ON THE PREROGATIVE TO PAY EMPLOYEES (EMPLOYER IS REQUIRED TO REMEDY IT)?
A:
1. Minimum wage.
2. Provision of statutory benefits.
3. Non-discrimination in the payment of wages.
4. Place of payment: at the place of payment or as close thereto as possible
5. Form of payment: at legal tender
6. Time of payment: at least once a month
7. To whom it shall be paid.
8. Non-diminution of salaries, wages and benefits: cannot be withdrawn unilaterally.
Q: IN WHAT WAY IS THE LIMITATION ON THE PREROGATIVE TO DISMISS EMPLOYEES THE MOST REGULATED?
A: Because the law laid down the grounds by which it is to be exercised.
11-18-2014
Q: WHAT IS THE LIMITATION ON THE RIGHT TO HIRE? :(
A: Age.
Q: WHAT IS THE LIMITATION ON THE RIGHT TO PAY EMPLOYEES?
A: It cannot be below minimum wage. Provision of statutory benefits. The how, when and where such wages may be made. Non-diminution of benefits.
Q: WHAT IS NON-DIMINUTION OF BENEFITS?
A: Benefits not required by law but ripened into company practice cannot be withdrawn unilaterally.
Q: WHAT IS THE LIMITATION ON THE RIGHT TO DISMISS EMPLOYEES?
A: It must be authorized by law.
Q: WHY IS IT THE MOST REGULATED?
A: It is this prerogative where the law says when and how it may be exercised.
Q: WHAT IS THE LIMITATION ON THE RIGHT TO CONTROL EMPLOYEES?
A: The means and methods should not be illegal or against public policy or moral. Test is reasonableness.
Q: STAR PAPER CASE. WHAT IS THE TEST FOR REASONABLESS?
A: That it must be in pursuance of a legitimate business purpose.
Q: IN STAR PAPER CASE, THERE WAS A LEGITIMATE BUSINESS PURPOSE BUT WHY WAS THE POLICY NOT A VALID MANAGEMENT
PREROGATIVE? :)
A: Because THE LEGITIMATE BUSIENSS PURPOSE MUST BE PROVED. In this case, the legitimate business purpose that the spouses working in
the same company will be inefficient was not proved.
Q: WHAT IS THE ISSUE IN STAR PAPER CASE?
A: WON the policy of employer banning spouses from working in the same company is a valid exercise of management prerogative.
Q: HOW ABOUT THE POLICY OF NO NEAREST KIN IN HIRING, IS IT A VALID POLICY?
A: Yes because it is human nature that relatives will be favored in hiring by persons already employed in the company, thus to the prejudice of the
company.
Convoluted
Q: CONTINENTAL STEEL CASE. WHAT IS THE LAW APPLICABLE?
A: Civil Code: Article 1702: In case of doubt, all labor legislation and all labor contracts shall be construed in favor of the safety and decent living for the
laborer.
Q: WHEN CAN THE LAW BE APPLIED?
A: It does not apply on all doubts. The construction must be applied in favor of labor if it is about rights and benefits. Thus, the construction cannot be
had if such construction is not about such rights and benefits in favor of labor.
Q: WHY IS THE LAW CONSTRUED IN FAVOR OF LABOR?
A: Because the purpose of labor laws is to protect labor. Therefore, that which fulfills the objective of the legislation must be accorded in any ambiguity
therein.
Q: WHAT IS THE ISSUE IN REVIDAD CASE?
A: WON business reverses which could lead to business closure would justify the management to lay-off employees?
Q: WHAT IS THE RULING?
A: Yes because the employer is entitled to protect its business. Employers assets must also be protected.
Q: WHY IS RETRENCHMENT VALID?
A: The law allows retrenchment to prevent losses.
Q: WHAT IS THE LEGITIMATE BUSINESS PURPOSE IN REVIDAD CASE?
A: To prevent business losses.
Q: WHY IS IT A LEGITIMATE BUSINESS PURPOSE?
A: The employers business must be protected in order for it not to suffer losses which could lead to closure.
Q: WHAT IS THE ISSUE IN MERCURY DRUG CASE?
A: WON it is a valid management prerogative to dismiss a dishonest employee.
Q: ANSWER, AND WHY?
A: Yes. Because the employer is also entitled to protection. A dishonest employee is a threat to the business. The law does not expect the employer to
keep an eye to all his employees.
Q: WHAT IS THE MOST IMPORTANT PRONOUNCEMENT IN MERCURY DRUG CASE?
A: Although the laws protect the workingman, such protection cannot have the effect of depriving the employer of protection.
11-19-2014
(I was absent.)
Q: CONTINENTAL STEEL CASE.
A: The mandate to construe in favor of labor is applicable to labor contracts.
Q: STAR PAPER CASE.
A: In the exercise of managerial prerogative to control, the regulations to be implemented must be REASONABLE, that is, for the purpose of achieving a
LEGITIMATE BUSINESS PURPOSE. If there is a right protected by law that it infringed, employer must prove a compelling business necessity.
Q: REVIDAD CASE.
A: The main objective of the managerial prerogative is to protect the business. In the exercise of the right to dismiss, it aims to protect the business. In
this case, it protects the existence of the business itself, its financial stability. The exercise of this right must be pursuant to the grounds provided for by
law, also including the manner of exercising such right.
Q: MERCURY DRUG CASE.
A: The employer cannot be compelled to retain the employees inimical to the employers interest.
Q: WHY IS IT THAT IN CASES OF CONFLICT OF INTEREST, THE LAW SAYS THAT IT MUST BE SETTLED BY BOTH THE EMPLOYER AND THE
EMPLOYEE, BUT WHEN IT IS INIMICAL TO THE INTEREST OF THE EMPLOYER, IT MUST BE IN FAVOR OF THE EMPLOYER?
A: Conflicting interest has lesser effects; it only hinders employers interest. But inimical interest negates the employers interest entirely, it is destructive.
Q: WHY IS THE LAW CLEAR IN TERMS OF INIMICAL INTEREST?
A: Because if the employer is destroyed, there are no more employees. It destroys both. Protection to employer is also protection to employee and vice
versa.
Q: WHAT IS THE EVIDENTIARY VALUE OF JUDGMENT IN CRIMINAL CASES TO JUDGMENT OF TERMINATION?
A: For conviction, there must be conclusive evidence of the act for the termination because of the burden of proof required, that is, proof beyond
reasonable doubt. In labor cases, it only requires substantial evidence. A higher degree of proof already subsumes the degree of proof required. In case
of conviction for a criminal case on the acts based on which the termination was had, the burden of proof required in criminal case already subsumes the
degree required in labor cases.
Q: CALTEX CASE. WHAT IS THE MANAGEMENT PREROGATIVE?
A: The prerogative to hire.
Q: BUT WHY IS IT THAT THE CASE IS FOR TERMINATION YET THE POWER TO HIRE IS IN ISSUE?
A: Probationary employee, for the purpose of security of tenure, is not yet employed. Termination for this period is given more leeway.
Q: WHY CAN HE BE TERMINATED, THE LAW NOT PROVIDING THE GROUNDS FOR TERMINATION?
A: Employer has right to determine fitness for employment.
Q: SAN MIGUEL BREWERY CASE. WHAT IS THE ISSUE?
A: WON the employer may adopt a procedure despite infringement of right already granted to employees.
Q: MANAGERIAL PREROGATIVES IN DETAIL?
A:
1. Hiring
2. Work assignments
3. Work supervision
4. Working methods
5. Working regulations
6. Time of work
7. Place of work
8. Manner of work
9. Processes to be followed
10. Tools to be used
11. Supervision of works
12. Transfer of employees
13. Lay-off
14. Dismissal
15. Recall
Q: WHAT IS THE LIMIT ON ADOPTION OF BUSINESS PROCEDURES?
A: It should be exercised in GOOD FAITH. The purpose must not be to circumvent the rights of employees. The effects should not be intended to defeat
such rights.
Q: WHY WAS THE COMPANY IN GOOD FAITH?
A: There was compensation for losses of the employees.
Q: CONSTITUTIONAL BASIS?
A:
1. Article 2, Section 14
3. Article 2, Section 20 (for employer)
4. Article 3, Section 1 (Why? Employment is a property.)
7. Article 8
9. Article 12, Section 1 & 2
10. Article 13, Section 1, 2, 3 and 14
11. Article 14, Section 2, Paragraph 5
20 related Constitutional provisions.
11-24-2014
1st renumbering mandate: Book III (because of the removal of Articles 130 and 131).
Articles 130-148: remove 2 articles
From Article 149, 8 articles were added (taken from R.A. No. 10951): Article 146 becomes Article 162
Article 211 is now article 217.
Q: WHAT DOES IT MEAN THAT LABOR CONTRACTS ARE IMPRESSED WITH PUBLIC INTEREST?
A: It is impressed with public interest because it does not affect only 2 parties. It also affects the public. We say that a contract is impressed with public
interest when the terms and conditions of such contract are provided by law. Contracts impressed with public interest are subject to the police power of
the State. The contract of marriage is also an example of a contract impressed with public interest.
Q: WHAT ARE THE CIVIL CODE PROVISIONS RELATING TO LABOR?
A:
1. Article 1700: Labor contracts are impressed with PUBLIC INTEREST
2. Article 1701: BOTH employer and employee must be PROTECTED.
3. Article 1702: PRESUMPTION in case of doubt IN FAVOR OF LABOR.
4. Article 1703: NO one may be FORCED TO RENDER SERVICE against his will.
5. Article 1704: Labor union or its members SIGNING the contract for COLLECTIVE BARGAINING shall be LIABLE for its non-fulfillment.
6. Article 1705: Wages shall be paid in LEGAL CURRENCY.
7. Article 1706: NO WITHHOLDING OF WAGES by employer except for a debt due.
8. Article 1707: Wages shall be LIEN on good manufactured or work done.
(This is a choice on the part of the employee because if employer cannot pay the wages, such lien serves as forced
payment in favor of employee through the assets of the employer.
LIEN direct encumbrance over the property; need not line up)
9. Article 1708: Wages shall NOT be subject to EXECUTION
11-26-2014
10 Revised Penal Code provisions relating to labor. (Art. 310, etc.)
Q: HERITAGE HOTEL CASE. WHAT IS THE CONVENTION?
A: The convention guarantees continued existence of labor organizations
Q: WHAT IS THE RIGHT GUARANTEED BY THE ILO?
A: Right to self-organization
Q: WHAT IS THE HIGHER RIGHT GUARANTEED BY RIGHT TO SELF-ORGANIZATION? WHAT IS THE RIGHT PROTECTED?
A: Right of representation. This right is what is protected and guaranteed by the continued existence of labor organizations.
Q: WHY IS THE RIGHT OF REPRESENTATION IMPORTANT?
A: Because employees individually do not have the strength to deal on its own with its employees.
Q: WHAT HAPPENED IN HERITAGE HOTEL CASE?
A: There was late submission of the requirements. But the union registration was not cancelled.
Q: WHY IS IT THAT IN THIS CASE, DESPITE NONSUBMISSION, THE UNION REGISTRATION WAS NOT CANCELLED? DOES IT MEAN THAT
THE LAW MUST BE STRUCK DOWN?
A: No. The SC considered only SUBSTANTIAL COMPLIANCE with the law. There was no failure of submission. There was only late submission. The
law is still effective.
Q: WHAT IS THE EFFECT OF ILO CONVENTIONS TO LABOR LAWS? :(
A: We enact legislation to incorporate the provision in ILO convention. The ILO conventions become the basis of our laws.
Q: WHY DO WE NEED TO ENACT LAWS? IS IT NOT THAT THE ILO CONVENTIONS ARE ENOUGH?
A: Because the Convention does not create rights and obligations. Therefore, we must create one.
Q: BAUTISTA v. INCIONG CASE.
A: A labor organization can also be an employer.
Q: WHY CAN A LABOR ORGANIZATION BE ALSO AN EMPLOYER?
A: As long as the elements of employer-employee relationship exist, a labor organization can be an employer.
Q: WHAT TESTS WERE MET IN THE CASE?
A: He was hired as organizer. He was paid his wage. His work was controlled. He was dismissed on the ground of abandonment of work.
Q: ASSOCIATED LABOR UNION CASE.
A: In certain types of labor disputes, the parties thereto may not be employer-employee of each other.
Q: WHAT ARE THE FACTS OF THE CASE?
A: There was picketing in the business premise of the dealer of the employer of the employees who picketed. As long as the person picketed has direct
or indirect interest in the employer, picketing may be valid.
Q: WHY? WHATS THE RATIONALE?
A: Freedom of expression.
12-2-2014
Q: BAUTISTA v. INCIONG CASE. LEARNING?
A: The undertaking of employer is not important. It does not require that the employer be for profit or non-profit as long as the elements of employeremployee relationship exists.
Q: ASSOCIATED LABOR UNION CASE. LEARNING?
A: It is not important that the parties in a labor dispute are employer and employee of each other, as long as the labor dispute arises out of employeremployee relationship.
Q: HOW ARE EMPLOYEES CLASSIFIED? 3 CLASSIFICATIONS.
A:
1. Managerial employees
2. Supervisory employees
3. Rank-and-file employees
Q: WHY THESE CLASSIFICATIONS UNDER LABOR RELATIONS? WHATS THE RELEVANCE?
A: The classification is relevant for the purpose of determining if the right to self-organization exists with these types of employees.
Q: WHAT IS THE NATURE OF EMPLOYER-EMPLOYEE RELATIONSHIP?
A: Contractual in nature.
Q: CIA MARITIMA CASE. WHAT WAS THE DEFENSE?
A: That there was no contract between CIA Maritima and Hio. That the contract is between Hio and Watchmens Association.
Q: WHAT TESTS WERE PRESENT IN THIS CASE?
A: Payment of wage by CIA Maritima directly to Hio. Written contract is not necessary as the employer-employee relationship may be proved through the
4 tests.
Q: PAMBUSCO CASE.
A: It cannot be mandated by law that employer should hire employees only from members of the union.
Q: VIANA CASE.
A: The 4 tests in establishing employer-employee relationship.
Q: IN THIS CASE, DID THE SUPREME COURT RULED THAT THERE WAS NO EMPLOYER-EMPLOYEE RELATIONSHIP?
A: No. There was no determination because the court remanded the case to the lower court to determine the 4 questions necessary to establish
employer-employee relationship.
Q: WHAT ARE THE 4 QUESTIONS?
A:
1. Who hired Alejandro?
2. Who paid the wages of Alejandro?
3. Who have authority to determine the manner of work of Alejandro?
4. Who dismissed the crew members?
Q: DE LOS REYES CASE.
A: The question is whether the employee is an agricultural employee or a share tenant. The important test here is the CONTROL TEST.
Q: WHY ARE WE BELABORING THE POINT THAT THE EMPLOYER-EMPLOYEE RELATIONSHIP EXISTS OR NOT?
A: To determine whether the rights of the employees may be enforced and the obligations of the employer may be demanded. To determine whether
Labor laws apply.
Q: WHAT IS A LABOR DISPUTE?
A: Any disagreement that arise from employer-employee relationship, the settlement of which will require the application of labor laws.
Q: WHAT IS A LABOR ORGANIZATION?
A: Any association of employees, laborers or workers for the purpose of advancing their common interest as workers.
Q: HOW IS IT DISTINGUISHED WITH LEGITIMATE LABOR ORGANIZATION?
A: It is a labor organization duly registered with the Bureau of Labor Relations of DOLE.
Q: WHAT IS A COMPANY UNION?
A: A union assisted by unfair labor practice.
Q: HOW IS COMPANY UNION ORGANIZED? :)
A: Its formation is assisted by the company.
Q: WHAT IS UNFAIR LABOR PRACTICE? :)
A: An act violating the constitutional right of worker to self-organization.
Q: WHY IS LABOR ORGANIZATION NOT TO BE INTERFERED?
A: Because the right to self-organization is dealing with the employer. How can there be dealing if it is the employer who organizes it.
12-3-2014
Q: DISTINGUISH: LABOR ORGANIZATION, LEGITIMATE LABOR ORGANIZATION AND COMPANY UNION?
A:
LABOR ORGANIZATION union or association of employees which exists in whole or in part for the purpose of collective bargaining or representation
LEGITIMATE LABOR ORGANIZATION labor organization registered with DOLE
COMPANY UNION labor organization organized with interference of the company
First, they are all unions.
However, a legitimate labor organization is a labor organization but a labor organization is not a legitimate labor organization.
A company union is a labor organization organized with interference of the company; it cannot be a legitimate labor organization.
So a labor organization may either be a LEGITIMATE LABOR ORGANIZATION or a COMPANY UNION.
Q: WHAT DOES THE PHRASE IN WHOLE OR IN PART IN THE DEFINITION OF LABOR ORGANIZATION MEAN?
A: It pertains to the PURPOSE of labor organization. It means that the union was organized SOLELY (in whole) for collective bargaining or that collective
bargaining is ONLY ONE OF (in part) the many purposes of such union
Q: WHY CANT A COMPANY UNION BE A LEGITIMATE LABOR ORGANIZATION? :(
A: Because it is ILLEGAL. It is PROHIBITED by law.
Q: DIFFERENTIATE BETWEEN INTRA-UNION AND INTER-UNION DISPUTE?
A:
INTRA-UNION
1. DISPUTANTS
: union members
2. CAUSE OF THE DISPUTE : violation of bylaws
INTER-UNION
1. DISPUTANTS
: union organizations
2. CAUSE OF THE DISPUTE : representation dispute
Q: WHAT IS THE QUESTION IN A REPRESENTATION DISPUTE?

A: Which among the competing unions will represent the employees for the purpose of negotiating and bargaining with the employer?
Q: BARGAINING REPRESENTATIVE, IS IT A WHO OR WHAT?
A: A bargaining representative is a labor organization. Therefore, it is WHAT.
Q: WHAT DOES IT DO?
A: It represents the employees in negotiation with the employer.
Q: WHAT IS THE DISTINCTION BETWEEN A BARGAINING REPRESENTATIVE AND AN EXCLUSIVE BARGAINING REPRESENTATIVE?
A: A bargaining representative is a representative negotiating with the employer but an exclusive bargaining representative is the representative chosen
by majority of employees.
Q: WHAT IS THE PROCESS WHERE THE EMPLOYEES CHOOSE THEIR BARGAINING REPRESENTATIVE?
A: Certification Election.
Q: WHY EXCLUSIVE?
A: Negotiation shall be with the exclusive bargaining representative, to the exclusion of all other unions.
12-09-2014
Q: WHAT IS A LEGITIMATE LABOR ORGANIZATION?
A: A labor organization registered with the Bureau of Labor Relations.
Q: WHAT IS THE PROOF OF REGISTRATION WITH THE BUREAU OF LABOR RELATIONS?
A: Certificate of Registration.
Q: IF A LABOR ORGANIZATION DOES NOT HAVE A CERTIFICATE OF REGISTRATION, IS IT A LEGITIMATE LABOR ORGANIZATION OR NOT?
:(
A: In not all circumstances. An exception is AFFILIATION. A labor organization is considered a legitimate labor organization by affiliating with a labor
organization which has already a Certificate of Registration.
Q: IN A CBA, CAN THE EMPLOYER BIND HIMSELF TO PAY BELOW THE MINIMUM PRESCRIBED BY LAW?
A: No. A CBA cannot provide for those that are already provided by law.
Q: UNFAIR LABOR PRACTICE?

A: Any act in violation of the right of employees to self-organization. It does not refer to any other rights but only to right to self-organization.
Q: STRIKE?
A: Temporary stoppage of work resulting from a labor or industrial dispute.
Q: HOW TEMPORARY IS TEMPORARY?
A: Until the dispute is settled.
Q: WHAT IS THE PURPOSE OF STRIKE?
A: It is the ultimate weapon. The purpose of strike is to pressure the employer to give in to the position of the employees.
Q: WHY IS IT CALLED THE WEAPON OF ULTIMATE RESORT, SUCH THAT IF THERE BE OTHER MEANS, IT SHOULD NOT BE DONE?
A: Because it is equally detrimental to the employer and employee. The employers business operation suffers and the employee does not have pay
considering that it is no work, no pay.
Q: LOCKOUT?
A: Either close the business temporarily or prevent the employees from rendering work.
Q: CAN THERE STILL BE CONTINUED OPERATIONS IN CASE OF LOCKOUT?
A: No. A lockout is a temporary stoppage of work of ALL employees. If there is a strike, there is no lockout.
Q: IF THERE IS NO STRIKE BEING CONDUCTED BY THE EMPLOYEES, CAN THE EMPLOYER ORDER A LOCKOUT?
A: When there is no strike, it is the time that the employee may order a lockout.
Q: WHAT IS THE PURPOSE OF LOCKOUT?
A: Same purpose with strike. Strike and lockout are offshoots of labor dispute. The purpose of lockout is to pressure the employees to give in to the
position of the employer. It is also a weapon of ultimate resort.
Q: MAY A STRIKE BE CONDUCTED BY A SINGLE EMPLOYEE?
A: No, because a strike is defined as a concerted action. It must be so to force or compel the employer to give in to the demands of employees.
Q: STRIKE-BREAKER?
A: Someone who breaks in or obstructs the strike with threat, force and intimidation.
Q: IS A STRIKE-BREAKER LEGAL?
A: No, it is illegal.
Q: WHOS LIABLE?
A: The company is always liable.
Q: STRIKE-AREA?
A: Place where strike may be conducted.
Q: SHOULD IT BE OWNED BY THE EMPLOYER STRIKE AGAINST?
A: Anywhere where the business of the employer struck against is concerned.
Q: THERE ARE 3 TYPES OF DISPUTES. WHAT ARE THESE 3 TYPES OF DISPUTES?
A:
1. Disputes arising from employer-employee relationship (affecting terms and conditions of employment): Labor or Industrial disputes
2. Disputes arising from the representation of labor organization: Inter-union disputes
3. Disputes arising from the right and membership in labor organization: Intra-union disputes
Q: THERE ARE 12 MECHANISMS IN DISPUTE RESOLUTION. WHAT ARE THESE? :)
A:
1. Labor Arbiter
2. Med-Arbiter
3. Voluntary Arbitrator
4. Labor Relations Division (under the BLR)
5. Regional Director
6. Department of Labor and Employment (DOLE) Secretary/ Office of the President
7. Bureau of Labor Relations (BLR)
8. National Labor Relations Commission (NLRC)
9. National Conciliation and Mediation Board (NCMB)
10. Philippine Overseas Employment Administration (POEA)
11. Court of Appeals
12. Supreme Court
12-10-2014
Q: WHAT ARE THE 3 TYPES OF DISPUTES?
A:
1. Disputes arising from employer-employee relationship (affecting terms and conditions of employment): Labor or Industrial disputes
2. Disputes arising from the representation of labor organization: Inter-union disputes
3. Disputes arising from the right and membership in labor organization: Intra-union disputes
Q: GIVE EXAMPLE OF AN INTER-UNION DISPUTE.
A: REPRESENTATION issue: when the employees choose the union that will best represent them.
Q: GIVE EXAMPLE OF AN INTRA-UNION DISPUTE.
A: Violation of election as provided in the by-laws. Intra-union dispute is a dispute concerning violations of bylaws of the organization or violations of the
rights and obligations between members or between officers and members of the labor organization.
Q: WHAT ARE THE 12 MECHANISMS IN DISPUTE RESOLUTION?
A:
1. Labor Arbiter
2. Med-Arbiter
5.
6.
7.
8.
9.
10.
11.
12.
Regional Director
Department of Labor and Employment (DOLE) Secretary/ Office of the President
Bureau of Labor Relations (BLR)
National Labor Relations Commission (NLRC)
National Conciliation and Mediation Board (NCMB)
Philippine Overseas Employment Administration (POEA)
Court of Appeals
Supreme Court
Q: WHY DO WE HAVE TO BEGIN WITH THE NLRC?

A: It is the main body.
Q: THE NLRC IS COMPOSED OF HOW MANY?
A: 24 (including the Chairman).
Q: HOW IS NLRC CONSTITUTED?
A: By APPOINTMENT.
Q: BY WHOM?
A: By the President of the Philippines.
Q: HOW DOES THE PRESIDENT APPOINT THE MEMBERS?
A: Through 8 members chosen from workers organization, 8 members from employers organization, and 8 members from the public sector (including
the Chairman)
Q: HOW MANY MAY THE WORKERS NOMINATE?
A: As many as they want.
Q: WHAT IS A PUBLIC SECTOR?
A: Government officials and employees.
Q: WHY DOES IT HAVE TO BE THIS MEMBERSHIP?
A: Because labor disputes must be resolved by TRIPARTITE system.
Q: WHAT IS TRIPARTITE SYSTEM?
A: It involves three-parties.
Q: WHAT ARE THESE PARTIES?
A:
1. Workers
2. Employers
3. Government
Q: WHAT ARE THE QUALIFICATIONS?
A: Shall be members of the bar, engaged in the practice of law in the Philippines for at least 15 years with at least 5 years experience in labormanagement relations.
Q: WHERE SHOULD THE CASE OF LABOR DISPUTE BE FILED?
A: Labor Arbiter. If not satisfied, appeal to the NLRC Division.
Q: HOW DOES NLRC DECIDE?
A: Thru a Division. The NLRC does not decide through the Commission en banc. The Commission en banc only sits in to promulgate rules on how the
cases before them shall be disposed of.
Q: HOW MANY DIVISIONS?
A: 8.
Q: IN THE GIVEN CASE (IN NAGA), WHERE SHALL IT BE FILED?
A: ANY of Division 1 to 6.
Q: WHERE IS THE SEAT OF THESE DIVISIONS?
A:
1. Divisions 1-6
: NCR
2. Division 7
: Cebu
3. Division 8
: Cagayan de Oro
Q: WHAT ARE THE FUNCTIONS OF NLRC?
A:
1. Promulgation of rules and procedures in the settlement of the cases before it.
2. Disposition of cases
Therefore, the functions of NLRC are both administrative and adjudicatory.
Q: WHAT IS THE NATURE OF THE FUNCTIONS OF NLRC?
A: Quasi-judicial.
Q: WHAT ARE THE TYPES OF ADJUDICATORY FUNCTIONS?
A:
1. Administrative
2. Adjudicatory
3. Quasi-judicial
Q: THE NLRC SHALL HAVE POLICY COORDINATION ONLY WITH THE DOLE. WHAT DOES IT MEAN?
A: It means that the NLRC decisions are not reviewable and cannot be reversed by DOLE. NLRC is independent.
01-11-2015
SUMMARY:
1. Labor Standards vs. Labor Relations
2.
Natural conflict arises because the bottom-line interests of employer (profit) and employee (salary) are different
3.
Process of settling disputes: depend upon 3 types of disputes: distinguish between disputants and issues
a. Labor relations
b. Inter-union
c. Intra-union
4.
Mode of settling dispute: 2 main modes:

a. Voluntary
- agreed upon (contract between) by parties (agreement)
- preferred
3 main voluntary modes:
i. Negotiation and collective bargaining - compulsory in a sense that if one party resorts to this, the other party has to
ii. Conciliation and mediation
iii. Voluntary arbitration
- resort is compulsory if party is a union and the subject matter is collective bargaining
b. Compulsory - ordered as authorized by law (order)
5.
Employer-employee relationship is a requirement for application of labor laws and therefore, in labor disputes
6.
Non-employer may become a party in a labor dispute: it does not require proximity of relation
7.
Who is an employer; who is an employee? Code does not define, but definition must include the 4 tests of EE relationship
Atty: Arroyos definition:
EMPLOYER a person for whom or on whose behalf work is performed, or output is produced, or service is rendered by another for
compensation agreed upon between them and paid by him with quality and quantity of the output produced or service rendered
determined by him and the means and methods of producing it or rendering the service
EMPLOYEE a natural person who performs work, or produces a particular output, or renders service for or on behalf of another person at an
agreed compensation paid by the latter, and under the latters supervision and control both as to the quality and quantity of the
output produced or service rendered and the means and methods of producing it or rendering the service
8.
When we speak of labor in labor relations, we speak of an organization.
9.
Bautista v. Inciong: a labor organization may also be an employer because what determines EE relationship is not who you are
10. In distinguishing between Labor Standards and Labor Organizations, we look at the qualifications of employees
Labor Standards:
a. Field Personnel
b. Home-workers
c. Etc.
Labor Relations:
i. Managerial
ii. Supervisory
iii. Rank-in-file
11. Managerial employees cannot form or join labor organization for purposes of negotiation.
WHY: Because a managerial employee exercises the prerogatives of an employer (he is acting on behalf of employer).
12. Rank-in-file employees can form or join labor organization for purposes of negotiation.
13. Supervisory employees may or may not join labor organization of supervisory employees for purposes of negotiation. But if there is none, may
join the labor organization of rank-in-file employees.
14. Managerial employee one who exercises the 4 managerial prerogatives: hire, determine and pay salaries, determine what and how the work
will be performed, and fire employee
15. Managerial staff devotes 80% doing managerial prerogatives and 20% to others
16. Supervisory employee one who effectively RECOMMENDS the exercise of the managerial prerogatives
Effective Recommendation means that it will hold a great weight and will be reversed only by palpable errors (it is approved unless palpable
errors are manifest in the recommendation)
17. Rank-in-file employee one who is neither a managerial employee nor a supervisory employee
18. Confidential employee same as MANAGERIAL STAFF because it concerns privity of information available only to managerial employees
19. Question of law: there is a law that defines
Question of fact: tests of existence of relationship: EE relationship is a question of fact
Even the tests are not provided for by law; they are gathered from the 4 managerial prerogatives which are inherent in an employer (in the first
place, whether or not to go to business is a management prerogative)
20. Legitimate labor organization registered labor union with BLR, regional office division
Labor organization may not be registered
21. 12 Agencies/Instrumentalities involved in settlement of disputes
JURISDICTION OF OFFICES:
When we speak of jurisdiction, we speak of:
1. Assumption
a. Original
- where the complaint (for specific issue that falls within such jurisdiction) is filed
b. Appellate
- power to review the decision of a lower court or tribunal
2. Extent
a. Exclusive
- to the exclusion of other court or tribunal
b. Concurrent
- shared by others
Jurisdiction is defined by a subject matter.
ORIGINAL AND EXCLUSIVE JURISDICTION
1. POEA
2. Regional Directors (of DOLE)
3. Labor Relations Division
4. Labor Arbiters (in the Labor Arbitration Branches)
5. NCMB
6. Med-Arbiters
7. Voluntary Arbitrators (grievance machinery)
APPELLATE (only) JURISDICTION
1. Supreme Court
2. Court of Appeals
APPELLATE AND EXCLUSIVE JURISDICTION:
1. Office of Secretary of Labor
2. BLR
3. NLRC
SPECIAL POWERS (AUTHORITY):
1. Office of Secretary of Labor (both as mandated by law and as alter-ego of the President)
2. NLRC
NLRC original and appellate jurisdiction and special authority
appellate exclusive for decisions of Labor Arbiters
Q: WHAT IS THE ORIGINAL JURISDICTION OF THE NLRC?
A: Art. 225 [PAIHI-A]
1. Promulgation of rules and regulations governing practice in labor cases hearing and disposition of cases as well as its internal functions
Special power
2. Administration of oaths and issuance of compulsory processes on matters pending before it
In conjunction with the exercise of jurisdiction (original or appellate)
3. Investigation of matters before it
4. Holding of person in contempt (but file before the regular court because it also includes imprisonment as penalty)
5. Issuance of injunction or restraining order
In conjunction of with the exercise of jurisdiction (original or appellate) or Original jurisdiction
6. Assumption of jurisdiction in disputes involving national interest referred to by Sec. of Labor
Original jurisdiction
Q: WHAT IS MISSING IN THE LIST?
A: The appellate jurisdiction of NLRC.
Q: TO WHAT COURT OR TRIBUNAL DOES THE NLRC HAS APPELLATE JURISDICTION?
A: Decisions of Labor Arbiters (and DOLE Regional Directors regarding MONEY CLAIMS (Article 129)
Q: WHAT IS THE ORIGINAL AND EXCLUSIVE JURISDICTION OF THE LABOR ARBITERS?
A: Answer held in abeyance
Q: HAWAIIAN CASE.
A: The matters within the jurisdiction of the Labor Arbiters require first that there is EMPLOYER-EMPLOYEE RELATIONSHIP, before the enumeration
enlisted in the Code may apply. Thus, without EE relationship, one need not check the enumerated list of jurisdiction of Labor Arbiters.
Q: WHY IS THERE NO EE RELATIONSHIP IN THAT CASE?
A: The Central was not the employee of the union members but the PLANTERS.
Q: SAN MIGUEL CASE.
A: There was EE relationship but the Labor Arbiter has no jurisdiction because the subject matter is not one of those enumerated as falling within the
jurisdiction of the Labor Arbiter.
Therefore:
If there is no EE relationship, the Labor Arbiter has no jurisdiction OUTRIGHT.
But even if there is EE relationship, the Labor Arbiter has no jurisdiction if the subject matter is not one of those enumerated as falling within the
Q: WHAT ARE THE CASES THAT FALL WITHIN THE JURISDICTION OF THE LABOR ARBITER?
A: Art. 224 [SO DUMI]
6 cases:
1. Unfair labor practice any case concerning violation of the right to self-organization of employee
2. Illegal dismissal
3. Money claims (if there is illegal dismissal)
(involving wages, rates of pay, hours of work and other terms and conditions of employment if accompanies with a claim for reinstatement)
4. Claims for actual, moral, exemplary and other forms of damages arising from EE relations
5. Issues concerning strikes and lockouts
6. All other claims arising from EE relations
All matters involving the CBA, EXCEPT illegal dismissal case, are within the jurisdiction of the Voluntary Arbitrator. Illegal Dismissal case is within the
4 CATEGORIES:
1. Unfair labor practice
3. Money claims
a. Accompanied with a claim for reinstatement (therefore, illegal dismissal), or
b. More than P5,000
4. Others terms and conditions of employment
a. All others
b. EXCEPT:
i.
matters concerning CBA
ii.
claims for Employees Compensation, Social Security, Medicare and maternity benefits (ECC, SSS, other govt.
instrumentalities)
Q: MONTOYA CASE.
A: PD 1508 (Katarungang Pambarangay Law) is inapplicable to labor cases.
Q: WHAT IS EXECUTION?
A: It implements the decision.
Q: WHAT IS THE SIGNIFICANCE OF 5 YEARS?
A: It means that after 5 years, one cannot file a Motion or Writ of Execution but has to file a Motion for Reopening.
Q: ART. 231?
A: CONTEMPT power of Sec. of Labor. But it shall be filed with the regular court.
Q: ART. 232?
A: Jurisdiction of Bureau of Labor Relations.
Q: WHAT IS THE ORIGINAL AND EXCLUSIVE JURISDICTION OF THE BUREAU OF LABOR RELATIONS?
A:
1. Intra-union dispute
2. Inter-union dispute
3. Other related labor relations disputes (?)
Q: WHAT IS DOLES SENA?
A: Single Entry Approach
Q: HOW IS IT DONE? IS IT COMPULSORY OR VOLUNTARY?
A: Voluntary. But it is a COMPULSORY STAGE: not immediately docketed but has to undergo conciliation and mediation first
Q: WHERE TO FILE?
A: Regional Offices of DOLE (but NLRC is also helping) (therefore, administrative in character, not quasi-judicial)
SENA v. Med-Arbiter
MIDTERMS: January 18, 2015: 1:00PM-3:00PM
01-12-2015
Q: WHAT AND HOW MANY ARE THE JURISDICTIONS OF NLRC?
A:
1. Original and Exclusive Jurisdiction
2. Appellate and Exclusive Jurisdiction
Q: WHAT ARE THE ORIGINAL AND EXCLUSIVE JURISDICTION OF NLRC?
A:
1. Over petitions for injunction involving ordinary labor disputes
2. Over disputes concerning national interest of the industry, as referred by Sec. of Labor
3. Over strikes or lockouts under Art. 278, prohibited activities :)
There must be an existing labor dispute (a case pending before a Labor Arbiter) first before injunction may be heard by the NLRC.
There is no dispute that may involve national interest.
Sec. of Labor assumes compulsory jurisdiction. Here, no need for invocation, it assumes jurisdiction and enjoins the parties automatically,
2 WAYS:
Resolve by itself, or
Certify it to NLRC.
Q: WHEN IS THERE ASSUMPTION OF JURISDICTION?

A: When the dispute is in the industry indispensable to national interest.
Q: EXAMPLE OF SUCH INDUSTRY?
A: Transportation, power, etc.
Q: WHO IS BEING PROTECTED IN CONTEMPT PROCEEDING?
A: Agency or tribunal which issued it, because contempt is to preserve the dignity of such agency or tribunal.
Q: WHAT DOES THE NLRC DO WITH SUCH STRIKE OR LOCKOUT UNDER ART. 278, PROHIBITED ACTIVITES? :(
A: It stops it before it happens. So this is a separate case from the ordinary labor dispute because generally, strike should not be prohibited. But here,
NLRC can stop it.
Q: WHAT IS THE APPELLATE EXCLUSIVE JURISDICTION OF NLRC?
A: Money claims.
Q: WHAT IF THE EMPLOYEE IS NOT DISMISSED BUT HAS MONEY CLAIM OF LESS THAN P5,000, WHO HAS JURISDICTION?
A: Regional Director. What is important is whether he was claiming reinstatement or not.
01-12-2015
Q: CLAIM OF MORE THAN 5000, WHEN WILL IT BE FILED? BROKENSHIRE CASE.
A: The jurisdiction is lodged with the Labor Arbiter (therefore, no concurrent jurisdiction), but the Regional Director has its visitorial power wherein when
the employee contests to the findings of the Regional Director, the Regional Director will refer the matter to the Labor Arbiter who has the exclusive
jurisdiction thereof.
Q: THEREFORE, IF THE CASE MAY BE FILED WITH EITHER THE LABOR ARBITER AND THE REGIONAL DIRECTOR, TO WHOM SHALL I
PREFERABLY GO TO?
A: Labor Arbiter.
Q: IF NO WAGE DISTORTION, WHERE SHALL I GO?
A: Employer for negotiation. There is no compulsion.
If the intended salary classification will be diminished, there is wage distortion.
Q: IF THERE IS WAGE DISTORTION, WHERE SHALL I GO?
A: Labor Arbiter.
Q: WHICH CLASSIFICATION SHALL WAGE DISTORTION BELONG IN THE JURISDICTION OF THE LABOR ARBITER?
A: It falls within the 4th category of the classification of the jurisdiction of Labor Arbiter.
Q: WHY NOT IN THE CATEGORY OF MONEY CLAIMS?
A: Because in money claims, the amount is not yet known.
Q: AGUSAN CASE.
A: Claims for damages are now within the jurisdiction of Labor Arbiters (not anymore with the CFI).
Q: GOODRICH CASE.
A: General Provision: Labor arbiter has jurisdiction over claims for damages arising from labor disputes.
Specific Provision: If the claim arises from unfair labor practice, legality or illegality of strike or lockout, all consequences arising from such case shall be
with the CIR.
01-14-2015
COVERAGE: Up to Article 232 (renumbered). Cases up to Case No. 8: Jusmag.
Jurisdiction of Regional Director is only for money claims less than 5,000 and case with no claim for reinstatement. His other power is only visitorial or
enforcement power.
Q: IM AN INDEPENDENT CONTRACTOR, THE PRINCIPAL DOES NOT PAY ME FOR WAGES OF THE EMPLOYEES THAT I HIRED, WHERE
SHALL I GO? :)
A: Regular court, because there is no employer-employee relationship.
Q: IM A MANAGER OF A PRIVATE COMPANY, IM ILLEGALLY DISMISSED, WHERE SHALL I GO? :I
A: It depends if the manager is elected or appointed. If elected, then it will form part of intra-corporate controversy, in which case SEC has jurisdiction.
Before, it was SEC which has jurisdiction, then it was transferred to RTC, then it is now transferred AGAIN TO SEC. Even if the manager is a corporate
officer but was NOT an ELECTIVE officer but an appointive officer, it still falls within the jurisdiction of the Labor Arbiter.
Although there was a continuing jurisdiction, that is, cases in RTC during the new SEC law (acquiring jurisdiction again), has to be resolved in RTC.
Q: I AM CLAIMING ILLEGAL DISMISSAL FROM MY WORK. WHAT IS THE FIRST THING THAT MUST BE CONSIDERED BEFORE I COULD
DETERMINE WHERE I SHALL GO?
A: Who is my employer?
Q: WHY?
A: To determine if the employer is exempted.
AFTER MIDTERMS
01-26-2015
MIDTERM EXAM:
1. Q: WHAT ARE THE DECLARED OBJECTIVES/POLICIES OF LAWS ON LABOR RELATIONS?
A: Article 218. [F3 PEAS]
(a) To promote Free collective bargaining and negotiations, including voluntary arbitration, mediation and conciliation,
as modes of settling labor or industrial disputes;
(b)
To promote Free trade unionism

as instrument for enhancement of democracy and promotion of social justice and development;
(c)
To foster Free and voluntary organization of a strong and united labor movement;
(d)
To ensure Participation of workers in decision and policy-making processes affecting their rights, duties and welfare;
(e)
To promote Enlightenment of workers concerning their rights and obligations as union members and as employees;
(f)
To provide Adequate administrative machinery for expeditious settlement of labor or industrial disputes; and
(g)
To ensure Stable but dynamic and just industrial peace.
2. Q: WHAT IS THE DIFFERENCE BETWEEN LABOR STANDARDS AND LABOR RELATIONS?

A: LABOR STANDARDS set the minimum terms and conditions of employment while LABOR RELATIONS provide for the mechanisms and
processes to IMPROVE the labor standards.
3. Q: WHAT ARE THE CLASSIFICATIONS OF EMPLOYEES IN LABOR RELATIONS?
A:
1. Managerial employees
- exercise managerial prerogatives
; cannot join or assist a labor union
2. Supervisory employees
- effectively recommend the exercise of managerial prerogatives; can join or form a labor union
3. Rank-in-file employee
- neither managerial nor supervisory employees
; can join or form a labor union
The significance of classification is to determine the extent of their right to self-organization or whether they can or cannot join a labor organization.
4. Q: WHAT ARE THE CLASSIFICATIONS OF DISPUTES IN LABOR RELATIONS?
A:
1. Labor disputes
- disputants are the employer and employee
2. Intra-union disputes
- disputants are the members of union
3. Inter-union disputes
- disputants are the labor unions
; issue is about the terms and conditions of employment

; issue is about the rights and membership in the union
; issue is about representation
5. Q: THE DISPUTANTS MUST BE EMPLOYER/EMPLOYEE OF EACH OTHER.

A: F - The disputants need not stand in the proximate relation of employer-employee.
Q: WHY DOES THE EMPLOYER-EMPLOYEE RELATIONSHIP NOT INDISPENSABLE IN LABOR DISPUTE?
A: Because there are still other kinds of disputes not involving employer-employee relationship: intra-union and inter-union disputes.
6. Q: WHAT IS THE PREFERRED PROCESS OF SETTLING DISPUTE?
A: Voluntary.
7. Q: WHAT ARE THE MODES OF DISPUTE SETTLEMENT? DISTINGUSH EACH.
1. Negotiation and Collective Bargaining - mode of settlement is by AGREEMENT of the parties
2. Conciliation and Mediation
- mode of settlement is by AGREEMENT of the parties but assisted by a CONCILIATOR/ MEDIATOR
3. Voluntary Arbitration
- mode of settlement is by AGREEMENT of the parties but decision is rendered by a VOLUNTARY
ARBITRATOR CHOSEN by the parties
4. Compulsory Arbitration
- mode of settlement is by LAW through the Labor Arbiter
8. Q: WHAT IS A GOOD DEFINITION OF EMPLOYEE?
A: Employee is a natural person hired by another person who determines and pays his salary, who determines the quality and quantity of the output
and how the output will be produced, and who can dismiss him.
9. Q: IS SIGNED WRITTEN CONTRACT NECESSARY TO SHOW EMPLOYER-EMPLOYEE RELATIONSHIP?
A: No. An employment contract need not be in writing as long as it can be proved.
10. Q: WHAT IS A COMPANY UNION?
A: It is a labor organization formed by the employer. It is an illegal labor organization.
11. Q: DISTINGUISH BETWEEN LABOR ORGANIZATION AND LEGITIMATE LABOR ORGANIZATION.
A: A labor organization is an association of employees which exist in whole or in part for collective bargaining. A legitimate labor organization is a
labor organization which is duly registered in the BLR.
12. Q: WHAT ARE THE 12 MACHINERIES IN LABOR RELATIONS?
A:
1. Labor Arbiter
2. Med-Arbiter
5. Regional Director
6. Department of Labor and Employment (DOLE) Secretary/ Office of the President
7. Bureau of Labor Relations (BLR)
8. National Labor Relations Commission (NLRC)
9. National Conciliation and Mediation Board (NCMB)
10. Philippine Overseas Employment Administration (POEA)
11. Court of Appeals
12. Supreme Court
13. Q: DOES THE BLR HAVE AUTHORITY TO CANCEL REGISTRATION OF UNION FOR FAILURE TO SUBMIT FINANCIAL STATEMENTS?
A: No. Because it is not one of the grounds (ground is already removed) for cancellation of registration of a labor union. Only misrepresentation and
fraud are grounds for cancellation of union registration (added note: and voluntary dissolution).
14. Q: WHAT ARE THE CASES FALLING WITHIN THE JURISDICTION OF THE LABOR ARBITER?
A:
1. Unfair Labor Practice
3. Money claims with claim for reinstatement
4. Money claims exceeding P5,000.00
5. Validity of strikes and lockouts
6. Damages arising from employer-employee relationship
15. Q: THE DECISIONS OF LABOR ARBITER IS APPEALABLE ONLY TO THE NLRC.
A: T.
16. Q: MONEY CLAIMS IS ONLY EITHER WITH REGIONAL DIRECTOR OR LABOR ARBITER, DEPENDING WON THERE IS CLAIM FOR
REINSTATEMENT OR THE AMOUNT EXCEEDS P5,000.
A: F - The issue on money claims is not only with the RD or the LA. One may go to SEC if it involves intra-corporate dispute.
17. Q: THE NLRC HAS EXCLUSIVE ORIGINAL JURISDICTION OVER THE DECISIONS OF LABOR ARBITERS.
A: F The NLRC has EXCLUSIVE APPELLATE jurisdiction over the decisions of Labor Arbiters.
18. Q: THE NLRC IS UNDER THE SUPERVISION AND CONTROL OF THE DOLE.
A: F The NLRC has only policy coordination with the DOLE.
19. Q: CAN THE REGIONAL DIRECTOR HAVE JURISDICTION OVER MONEY CLAIMS EXCEEDING P5,000?
A: Yes in the exercise of visitorial and enforcement power.
01-28-2015
Q: WHAT ARE THE 3 PRIVATE MACHINERIES IN LABOR DISPUTE SETTLEMENT? THE GOVERNMENT MACHINERIES ARE THE 12.
A:
1. Grievance Machinery
2. Labor Management Cooperation Schemes
3. Negotiation and Collective Bargaining
Q: WHAT IS AN UNORGANIZED ESTABLISHMENT AND ORGANIZED ESTABLISHMENT?
A:
ORGANIZED ESTABLISHMENT
there is an exclusive bargaining representative (with the duty to negotiate the CBA)
UNORGANIZED ESTABLISHMENT
there is no exclusive bargaining representative
Labor Management Council (LMC) may be formed
Q: WHERE CAN THE DECISION OF THE REGIONAL DIRECTOR BE APPEALED?
A:
1. Office of the Secretary of Labor
Art. 128, A and B (visitorial and enforcement power)
2. NLRC
Art. 129 (adjudicatory power, on money claims)
Q: WHAT IS THE DIFFERENCE BETWEEN ART. 128 AND ART. 129?
A:
1. Art. 128 Visitorial power
meaning, moto proprio
2. Art. 129 Adjudicative power meaning, there is a complaint filed
Q: WHERE WILL YOU FILE A COMPLAINT FOR WAGE DISTORTION?
A: It depends.
1. Unionized
Negotiation, Grievance Machinery
: LMC then NCMB
2. Non-unionized
Labor Arbiter
Q: WHY LMC FIRST BEFORE NCMB?
A: Voluntary process is preferred by law.
Q: YOU ARE AN EMPLOYEE AND INJURED, YOU WANT TO CLAIM COMPENSATION. WHERE WILL YOU FILE?
A: Employee Compensation Commission (ECC).
Q: IF YOU ARE A PRIVATE EMPLOYEE, WHERE WILL YOU FILE IN PARTICULAR?
A: Social Security System (SSS).
Q: IF YOU ARE A GOVERNMENT EMPLOYEE, WHERE WILL YOU FILE IN PARTICULAR?
A: Government Service Insurance System (GSIS).
Q: WHERE WILL YOU FILE A COMPLAINT FOR ENFORCEMENT OF COMPROMISE AGREEMENT?
A: Labor Arbiter.
Q: WHERE WILL YOU FILE A COMPLAINT ON THE DECISION OF THE LABOR ARBITER ON WAGE DISTORTION?
A: NLRC.
Q: ON WHAT MODE?
A: Ordinary appeal.
Q: IF STILL NOT SATISFIED, WHERE WILL YOU FILE A COMPLAINT AND WHAT MODE?
A: Court of Appeals via Special Civil Action on certiorari under Rule 65. The decision may be elevated to the Supreme Court via Petition for Review
under Rule 45.
SC Petition for Review (Rule 45)
I
CA Special Civil Action on Certiorari (Rule 65)
I
NLRC Appeal
I
LA Complaint
Q: IF IT IS ULP, WHERE WILL YOU FILE AN APPEAL?
A: NLRC.
Q: IF IT IS AN ISSUE OF LEGALITY OR ILLEGALITY OF STRIKES AND LOCKOUT, WHERE WILL YOU FILE AN APPEAL?
A: NLRC.
Q: IF IT IS ENFORCEMENT OF COMPROMISE AGREEMENT, WHERE WILL YOU FILE AN APPEAL?
A: NLRC
Take note, ALL decisions of Labor Arbiter are appealable ONLY TO NLRC.
Q: WHO IS A VOLUNTARY ARBITRATOR?
A: He is a third party in the voluntary arbitration identified by the parties.
Q: HOW WILL THEY IDENTIFY HIM? WHERE SHALL THEY GET THIS VOLUNTARY ARBITRATOR?
A: Through a List of Qualified Voluntary Arbitrators.
Q: WHO PREPARES THE LIST?
A: NCMB.
Q: HOW DOES THE NCMB ARRIVE AT THIS LIST?
A: Accreditation. Anyone interested will submit his resume with NCMB.
NEXT WEEK:
Starting next week, QUIZ for 30 minutes. True or False. Correct Minus Wrong.
02-02-2015
-1
1Q: IN THE DISPOSITION OF LABOR CASES, THE RULES OF PROCEDURE SHALL NOT BE CONTROLLING.
A: F It is the RULES ON EVIDENCE that are not controlling.
2Q: FOR THE PURPOSE OF ENSURING COMPLIANCE WITH LABOR LAWS, THE NLRC MAY, MOTO PROPRIO, CONDUCT AN OCULAR
INSPECTION OF ANY ESTABLISHMENT EMPLOYING WORKERS.
A: F The NLRC does not have visitorial and enforcement power.
3Q: THE DECISION OF THE NLRC IS APPEALABLE TO THE CA.
A: F It is not by appeal but by Special Civil Action on certiorari under Rule 65.
4Q: THE DECISION OF THE RD IS APPEALABLE TO THE NLRC.
A: IT DEPENDS If under Art. 128, A and B or under Art. 129.
1. If under Art. 128, A and B (visitorial and enforcement power) appeal to the Office of the Secretary of Labor
2. If under Art. 129 (adjudicatory power, on money claims) appeal to the NLRC
5Q: UNDER NO CASE MAY THE DECISION OF THE LABOR ARBITER BE QUESTIONED DIRECTLY TO THE CA.
A: T Petition for review requires that a remedy of appeal is not available.
6Q: THE DECISION OF BLR IS APPEALABLE TO SECRETARY OF LABOR.
A: IT DEPENDS If it is exercising appellate jurisdiction or original jurisdiction. It is appealable to the Office of the Secretary of Labor if exercising
original jurisdiction.
1. If APPELLATE jurisdiction (considered final, except by special civil action on certiorari?)
2. If ORIGINAL jurisdiction appeal to the Office of the Secretary of Labor
7Q: AFTER INTERNAL REMEDIES HAVE BEEN EXHAUSTED, A COMPLAINT FOR AUDIT OF UNION FUNDS MUST BE FILED WITH THE MEDARBITER.
A: F It must be filed with the RD, appealable to the BLR.
8Q: A COMPLAINT FOR CANCELLATION OF UNION REGISTRATION MUST BE FILED WITH THE DOLE REGIONAL DIRECTOR.
A: T.
9Q: AN APPLICATION FOR REGISTRATION OF LABOR UNION MUST BE FILED WITH THE BLR OR THE LRD OF THE DOLE REGIONAL
OFFICE.
A: T. (BLR in case of federation of national union; LRD in case of independent union or charter?)
10Q: THE BLR CANNOT EXERCISE VISITORIAL AND ENFORCEMENT POWER OVER PRIVATE ESTABLISHMENT.
A: T. (F? It may if it is the duly representative of the Secretary of Labor?)
11Q: THE BLR AND THE LRD OF THE DOLE RO HAS ORIGINAL AND EXCLUSIVE JURISDICTION OVER ALL INTRA-UNION AND INTER-UNION
CONFLICTS.
A: F Regional Director of DOLE RO.
12Q: THE JURISDICTION OF THE BLR MAY BE EXERCISED EVEN WHEN NOT INVOKED BY ANY PARTY.
A: T.
13Q: A PETITION FOR CERTIFICATION ELECTION MUST BE FILED WITH THE MED-ARBITER.
A: T.
14Q: AN ORDER DENYING THE PETITION FOR CERTIFICATION IS APPEALABLE TO THE NLRC.
A: F to BLR.
15Q: THE SECRETARY OF LABOR HAS COMPULSORY JURISDICTION ON ANY MATTER INVOLVING LABOR DISPUTE.
A: F Not any (If the dispute will cause a labor dispute in an industry indispensable to national interest?)
02-03-2015
1Q: IN LABOR CASES, NON-LAWYERS ARE ALLOWED TO REPRESENT A PARTY-LITIGANT.
A: IT DEPENDS Non-lawyers are allowed to represent a litigant on 2 conditions:
1. WHO TO REPRESENT
a. If he represents himself
b. If he represents a legitimate labor organization
c. If he represents a member of a legitimate labor organization
2. WHERE TO REPRESENT
a. If before quasi-judicial bodies: allowed
b. If before CA and SC: not allowed
2Q: NEGOTIATION FEE FOR COLLECTIVE BARGAINING MAY BE PAID FROM UNION FUNDS.
A: T.
3Q: TO PAY FOR THE NEGOTIATION FEE FOR CB NEGOTIATION, A UNION MAMBER MAY BE ASSESSED FOR IT.
A: F No special assessment shall be made upon the union members.
4Q: THE VA WHO SHALL ARBITRATE BETWEEN THE CONTENDING PARTIES IS DESIGNATED BY LAW.
A: F Voluntary Arbitrator is agreed upon by the parties.
5Q: THE VA MAY HAVE JURISDICTION ON ANY LABOR ISSUE.
A: T If the parties submit such jurisdiction. The Voluntary Arbitrator may have the widest jurisdiction as long it has been agreed upon by both parties.
6Q: ONCE THE JURISDICTION OF THE VA IS INVOKED BY ONE PARTY, THE OPPOSING PARTY SHALL BE BOUND TO SUBMIT TO SUCH
JURISDICTION.
A: F. Because of No. 4: there should be an AGREEMENT by both parties.
7Q: THE COMPROMISE AGREEMENT VOLUNTARILY ENTERED INTO BETWEEN THE ER AND EE SHALL BE ENFORCED THROUGH THE LA.
A: IT DEPENDS If such compromise agreement is with assistance of BLR, it becomes binding between the parties. Therefore, voluntariness is
conclusive. If such compromise agreement is without assistance of BLR, it may be enforced before the Labor Arbiter.
8Q: ONE OF THE REQUIREMENTS FOR THE REGISTRATION OF A LABOR UNION FOR PURPOSES OF CB NEGOTIATION IS MEMBERSHIP
OF AT LEAST 20% OF THE EES IN THE BARGAINING UNIT WHICH IT SEEKS TO REPRESENT.
A: IT DEPENDS If registering as an independent or an affiliate union. The rule applies only if it is an independent union.
1. If INDEPENDENT union YES
2. If AFFILIATE union
NO
9Q: A LABOR UNION WHO HAS NO REGISTRATION SEPARATE FROM THE REGISTERED LABOR FEDERATION TO WHICH IT IS AFFILIATED
HAS NO PERSONALITY AS A JURIDICAL ENTITY.
A: T. Registration through affiliation gets the legal personality only for the purpose of certification election.
10Q: TO REGISTER A LABOR FEDERATION OR NATIONAL UNION, PROOF OF AFFILIATION OF AT LEAST 10 LABOR ORGANIZATIONS IS
ONE OF THE REQUIREMENTS.
A: IT DEPENDS The 10 labor organizations must be independently registered organizations.
11Q: TO BE ENTITLED TO PARTICIPATE IN A CERTIFICATION ELECTION, THE LABOR UNION OF THE EMPLOYEES MUST HAVE ITS OWN
REGISTRATION SEPARATE FROM THE REGISTERED FEDERATION TO WHICH IT IS IN AFFILIATE.
A: F Registration through affiliation gets the legal personality for the purpose of certification election.
12Q: ONLY LLO MAY FILE A PETITION FOR CERTIFICATION ELECTION.
A: T.
13Q: THE CERTIFICATE OF REGISTRATION OF A LABOR UNION MAY BE CANCELLED ON GROUND OF MISREPRESENTATION OR FRAUD
IN THE FINANCIAL STATEMENTS SUBMITTED BY IT.
A: F Only misrepresentation on:
1. By-laws
2. Election of officers
14Q: THE REGISTRATION OF A LABOR UNION MAY BE CANCELLED BY THE UNION ITSELF THROUGH FILING AN APPLICATION FOR
CANCELLATION OF REGISTRATION FILED BY AT LEAST 2/3 OF ITS GENERAL MEMBERSHIP.
A: F It is only the Board that submits the application.
15Q: THERE ARE ONLY 2 GROUNDS PROVIDED FOR BY LAW UNDER WHICH AN AFFILIATE OF FEDERATION MAY DISAFFILIATE FROM IT.
A: T
1. Requirements for registration are not present
2. There is a ground that exists to cancel it.
02-04-2015
1Q: THE REGISTRATION OF A LABOR ORGANIZATION SHALL BE CANCELLED DUE TO ILLEGAL PROVISIONS IN ITS CBL.
A: F Only misrepresentation or fraud, not illegality.
2Q: EES OF GOCCS MAY FORM LABOR ORGANIZATIONS FOR PURPOSES OF CBA.
A: IT DEPENDS If with or without original charter.
1. If WITH original charter
NO
2. If WITHOUT original charter (thus, under the Corporation Code) YES
3Q: CIVIL SERVICE EES CANNOT FORM LABOR ORGANIZATION FOR PURPOSES OF CBA.
A: F (If Civil Service employees are from a GOCC without original charter, it may.) Those not provided for by law may be subject to negotiation.
4Q: AMBULANT OR ITINERANT RANK-AND-FILE WORKERS MAY FORM A LABOR ORGANIZATION FOR PURPOSES OF CBA.
A: F They are those having no employer-employee relationship. They can organize only for mutual aid and benefit.
5Q: TO QUESTION THE PROPRIETY OF A SPECIAL ASSESSMENT IMPOSED BY A UNION, THE COMPLAINT SHALL BE FILED WITH THE
DOLE RD.
A: F It is lodged with the BLR/LRD since it is an intra-union dispute. For intra-union dispute, there are only 3 types of disputes that may be filed
before the RD:
1. Application for union registration
2. Cancellation of union registration
3.
Audit of union funds
Q: WHAT SHOULD BE YOUR QUESTION WITH REGARD TO SPECIAL ASSESSMENT?

A: Questioning special assessment is invoking employers right against arbitrary impositions. Thus, youre saying that this is too much. Or that you
should not pay for it. Youre questioning both the purpose and amount of the special assessment.
6Q: TO QUESTION THE PROPRIETY OF AN EXPENDITURE OF A UNION, THE COMPLAINT MUST BE FILED WITH THE BLR/LRD.
A: T.
7Q: ANY ACTION INVOLVING THE FUNDS OF A LEGITIMATE LABOR UNION PRESCRIBED IN 5 YEARS.
A: F 3 years.
8Q: THE UNION CBL CANNOT REQUIRE KNOWLEDGE IN UNIONISM AS ONE OF THE QUALIFICATION FOR ITS OFFICER.
A: T the only requirement is membership in good standing. Therefore, if you can vote, you can be voted upon. Because the right to vote is a right of
a member in good standing.
9Q: THE OFFICER OF A LEGITIMATE LABOR UNION SHALL SERVE WITHOUT COMPENSATION.
A: F But must be approved by the general membership.
10Q: FOR MALVERSATION OF UNION FUNDS, A COMPLAINT MAY BE DIRECTLY FILED WITH THE PRESECUTION OFFICE.
A: T The criminal aspect is retained by the regular courts.
11Q: CHECK-OFF MEANS AN AMOUNT PAYABLE TO THE UNION AND PERSONALLY PAID BY THE UNION MEMBER.
A: F It is directly deducted by the employer from the salary or other receivables of the employee, not personally paid by the employee.
12Q: A CHECK-OFF SHALL BE COLLECTED ONCE APPROVED BY THE UNION GENERAL MEMEBERSHIP.
A: F It is approved by the individual employee himself.
13Q: A LEGITIMATE LABOR ORGANIZATION SHALL HAVE THE RIGHT TO BE FURNISHED WITH THE ANNUAL AUDITED FINANCIAL
STATEMENT OF THE EMPLOYER.
A: IT DEPENDS If the legitimate labor organization is the exclusive bargaining representative (if yes, then it has the right).
Q: HOW WILL YOU BE AN EXCLUSIVE BARGAINING REPRESENTATIVE?
A: If you win in the certification election.
14Q: TO BE ELIGIBLE TO VOTE IN A CERTIFICATION ELECTION, THE EMPLOYEE NEED NOT BE AMEMBER OF A UNION.
A: T To vote in the certification election, you dont have to be a member of the collective bargaining representative. To vote, you must belong to a
CBU. There must be mutuality of interest (means having substantially the same demands, functions, salaries). Thus, there can be as many CBAs
in a company. There can be more than 2 CBUs for rank-in-file employees. To be entitled, you only have to belong to a CBU.
15Q: THE EXCLUSIVE BARGAINING REPRESENTATIVE (EBR) IS A NATURAL PERSON AUTHORIZED TO REPRESENT A CBU IN THE
NEGOTIATION FOR A CBA.
A: F It is an organization.
16Q: A CBU IS COMPOSED ONLY OF THE EES WHO ARE MEMBERS OF THE EBR.
A: F Because of No. 14.
17Q: AN EE WHO IS NOT A MEMBER OF THE EBR CANNOT BE PART OF THE CBU.
A: F Because of No. 14.
18Q: EES PERFORMING THE SAME FUNCTIONS MAY CONSTITUTE A CBU.
A: IT DEPENDS If other terms and conditions of employment are substantially the same.
19Q: THERE CAN BE MORE THAN ONE CBU FOR ALL RANK AND FILE EES IN ONE ESTABLISHMENT.
A: T Because of No. 14.
20Q: TO BE ENTITLED TO THE BENEFITS OF A CBA, THE EE MUST BE A MEMBER OF THE UNION THAT PARTICIPATED IN THE
CERTIFICATION ELECTION.
A: F A non member may be entitled to the benefits of a CBA by paying AGENCY FEES.
02-09-2014
1Q: THE COMPLAINT FOR DAMAGES AGAINST THE SHERIFF WHO LEVIED WRONG PROPERTIES IN EXECUTION OF THE DECISION OF
THE LA MUST BE FILED WITH THE NLRC.
A: F Because it does not concern with a labor issue. It is only an ordinary civil action for damages. Thus jurisdiction belongs to the regular court.
Salas case.
2Q: FILING OF COMPLAINTS POSITION PAPERS WITH THE LA BEYOND REGLEMENTARY PERIOD SHALL RESULT IN DISMISSAL OF THE
CASE.
A: IT DEPENDS If there is substantial compliance (then not dismissed). FEM case.
3Q: THE FINDINGS OF FACTS OF THE LA AND THE NLRC ARE BINDING UPON THE SC.
A: IT DEPENDS If the findings of facts are supported by the evidence on record (then binding upon the SC). Gelmart case.
4Q: A MOTION FOR RECONSIDERATION OF THE DECISION OF THE LA IS NOT A REQUIREMENT BEFORE AN APPEAL TO THE NLRC MAY
BE MADE.
A: T.
5Q: THE ACTION TO ENFORCE ATTYS LIEN ON THE JUDGMENT AWARD RECEIVED BY THE WORKERS IN AN ILLEGAL DISMISSAL CASE
FILED BY THEM MUST BE FILED WITH THE LA THAT RESOLVED THE CASE.
A: T Amalgamated case.
6Q: THE ACTION TO DETERMINE THE DIVISION OF THE ATTYS FEES BETWEEN TWO LAWYERS WHO HANDLED THE WORKERS CASE
AGAINST THE ER WHICH MUST BE PAID FROM THE JUDGMENT AMOUNT IN ENFORCEMENT OF ATTYS LIEN MUST BE FILED WITH
THE REGULAR COURT.
A: F It is well within the jurisdiction of the Labor Arbiter. Besides, the law frowns upon multiplicity of suits. Amalgamated case.
7Q: THE ATTORNEYS FEES INCURRED FOR FILING A CASE IN REPRESENTATION OF SOME UNION MEMBERS TO SECURE BENEFITS FOR
ALL EMPLOYEES CANNOT BE CHARGED AGAINST THE JUDGMENT AWARD RECEIVED BY THOSE WHO DID NOT SIGN THE
COMPLAINT.
A: F Because of the principle of unjust enrichment. Kapisanan ng mga Manggagawa sa Railroad case.
8Q: AN ATTONEYS FEES OF 25% OF THE JUDGMENT AWARD RECEIVED BY THE EES IS GENERALLY CONSIDERED AS REASONABLE.
A: F 10% is what is allowed by law, thus it is the generally accepted rate as reasonable.
9Q: EXCEPT IN LABOR CASES, EVEN THE SC IS PRECLUDED FROM REDUCING THE AMOUNT OF ATTORNEYS FEES IF THE AGREEMENT
FOR THE PAYMENT THEREOF WAS FREELY AND VOLUNTARILY ENTERED INTO BETWEEN THE LAWYER AND THE CLIENT.
A: F Under all cases, attorneys fees may always be reviewed and reduced by the Court. Because lawyers are officers of the Court and thus their
behavior is always subject to review by the Court, especially the Supreme Court. Contract for attorneys fees is not an ordinary contract.
10Q: THE RULE THAT THE PERFECTION OF AN APPEAL IN THE MANNER AND WITHIN THE PERIOD PRESCRIBED BY LAW IS
JURISDICTIONAL APPLIES TO ALL TYPES OF CASES, INCLUDING LABOR CASES.
A: T Lopez Jr. case. Chong Guan case.
11Q: IT WAS A REVERSIBLE ERROR FOR THE NLRC TO ACCEPT PAYROLL AS PROOF OF PAYMENT OF WAGES WHICH WERE NOT
SUBMITTED BEFORE THE LA.
A: F Because a question here is a rule on evidence which is not controlling before the appellate court. Under the rules of evidence, one cannot
submit evidence for the first time on appeal.
12Q: TO ENSURE THAT NEITHER THE WORKERS NOR THE ERS WILL ABUSE THEIR RIGHT TO APPEAL, IT IS REQUIRED THAT APPEAL BY
EITHER PARTY MAY BE PERFECTED ONLY UPON FILING OF AN APPEAL BOND.
A: F It is only the employer which is required to post an appeal bond. This is because of the capability issue.
13Q: ABSENCE OF A BOARD RESOLUTION AUTHORIZING THE FILING OF AN APPEAL IS NOT SUFFICIENT TO DISMISS SUCH APPEAL
IN LABOR CASES.
A: T (should be F?) Because it amounts to no permission. Salenga case.
14Q: IF THE NLRCS FINDINGS OF FACTS ARE THE SAME AS THE LAS, THEN THE NLRC MUST AFFIRM THE DECISION OF THE LA.
A: F Because different appreciation on the same set of facts may result to different decisions on such set of facts. Pocketbell case.
15Q: TO QUESTION THE DISMISSAL FROM EMPLOYMENT DUE TO DISLOYALTY TO UNION, THE COMPLAINT MUST BE FILED WITH THE
MED-ARBITER BECAUSE IT IS AN INTRA-UNION DISPUTE.
A: F It is a dispute between an employer and an employee because of the issue on dismissal. (It is a dismissal case, thus, with the Labor Arbiter.)
16Q: TO PROMOTE INDUSTRIAL PEACE, INTRA-UNION DISPUTE MUST AT ALL TIMES BE RESOLVED THROUGH FIRST AVAILING OF THE
REMEDIES PROVIDED IN THE CBL OF THE UNION CONCERNED.
A: F or IT DEPENDS If prior resort was made. Villar case.
17Q: THE ISSUANCE OF THE CHARTER CERTIFICATE TO A LOCAL UNION BY A REGISTERED FEREDERATION IS NOT SUFFICIENT TO
CONFER IT WITH LEGITIMATE STATUS.
A: T To be a legitimate labor organization, it has to submit first the requirements to BLR. Progressive Development case.
18Q: THERE ARE 5 GENERAL FACTORS CONSIDERED IN THE DETERMINATION OF THE CBU.
A: F 6 factors (4?). Democratic Labor Association case.
19Q: THE MOST CONTROLLING AMONG THE FACTORS CONSIDERED IN THE DETERMINATION OF A CBU IS THE SO CALLED GLOBE
DOCTRINE.
A: F The controlling factor is UNITY OF INTEREST. Globe Doctrine is about the Will of Employees. Democratic Labor Association case.
20Q: THE GLOBE DOCTRINE MEANS MUTUALITY AND UNITY OF EES INTEREST SUCH AS SUSTANTIAL SIMILARITY IN WORK
DUTIES/FUNCTIONS, COMPENSATION, AND OTHER WORKING CONDITIONS.
A: F It is Unity of Interest (Mutuality of Interest). Democratic Labor Association case.
02-10-2015
1Q: ONCE THE DECISION HAS ATTAINED FINALITY, THE WRIT OF EXECUTION IS NECESSARY IN ORDER TO IMPLEMENT THE DECISION.
A: F Because there is a thing called VOLUNTARY COMPLIANCE.
2Q: ONCE THE DECISION HAS ATTAINED FINALITY, EXECUTION THEREOF SHALL BE STRICTLY ACCORDING TO THE LETTER OF
DECISION.
A: F Because there is a thing called VOLUNTARY COMPLIANCE. Sampaguita Garments case.
3Q: ONCE A COMPLAINT FOR CONTEMPT WAS DISMISSED FOR LACK OF MERIT BY THE NLRC, THE JUDGEMENT CAN NOT BE
APPEALED.
A: T Because the proceeding in contempt cases is in the nature of a criminal proceeding. It cannot be appealed n pursuance to the Constitutional
right of accused against double jeopardy. Robosa case.
4Q: THE DECISION ON THE COMPLAINT FOR AUDIT OF UNION FUNDS IS APPEALABLE TO THE SECRETARY OF LABOR.
A: F Because it is appealable to BLR not to Secretary of Labor. This is one of the exceptions of intra-union which is appealable to BLR.
5Q: ONCE, PER COMPLAINT OF UNION MEMBERS, THE BLR FINDS THAT UNION OFFICERS HAVE VIOLATED GROUNDS SUFFICIENT TO
ORDER THEIR EXPULSION, THE BLR SHALL ORDER A REFERENDUM AMONG THE UNION MEMBERS TO DECIDE ON THE ISSUE OF
EXPULSION.
A: F Because the BLR shall ORDER the expulsion. Kapisanan ng mga Manggagawang Pinagyakap v. Trajano case.
6Q: A COMPLAINT FOR EXPULSION OF UNION OFFICER IS NOT RENDERED MOOT AND ACADEMIC BY THE ELECTION CONDUCTED
SUBSEQUENT TO ITS FILING.
A: F It is tantamount to condonation. Kapisanan ng mga Manggagawang Pinagyakap v. Trajano case.
7Q: A PETITION FOR CERTIFICATION ELECTION SHALL BE GRANTED BY THE MED-ARBITER IF IT IS FILED BY LLO.
A: F Because it depends if it is organized within the freedom period. (Thus, even if filed by LLO if outside of freedom period, it will not be granted.)
Appeal on denial of registration
Secretary of Labor
Cancellation of union registration
file at RD, appealable to Secretary of Labor
GENERAL RULE: all intra-union disputes at BLR
3 EXCEPTIONS: at RD appealable to Sec. of Labor (BLR?)
1.
2.
3.
Petition for Registration

Petition for Cancellation
Petition for Audit of Union Funds
8Q: IN A CERTIFICATION ELECTION , ONLY THE MEMBERS OF THE CONTENDING UNIONS ARE THE ONES WHO VOTE ON WHICH AMONG
THE CONTENDING UNIONS WILL BE THE EBR.
A: F All employees in the bargaining unit may vote
9Q: AN ESTABLISHMENT IS AN ORGANIZED ESTABLISHMENT IF THERE EXISTS A VALID CBA BETWEEN THE ER AND THE EES.
A: F Not CBA but Exclusive Bargaining Representative
10Q: IF THE CONTENDING UNIONS IN A PETITION FOR CERTIFICATION ELECTIONARE MEMBERS OF THE SAME LABOR FEDERATION,
THE INTERNAL PROCEDURE CONTAINED IN THE BY-LAWS OF THE FEDERATION ON HOW TO DETERMINE WHICH BETWEEN
THESE UNIONS WILL BE THE EBR SHALL BE RESPECTED BY THE BLR.
A: F It is based on certification election under the Labor Code
11Q: THE BLR HAS AUTHORITY TO ORDER THE CONDUCT OF REFERENDUM FOR PURPOSES OF DETERMINING WHICH BETWEEN THESE
CONTENDING FEDERATIONS WILL THE LOCAL UNION AFFILIATE ITSELF WITH.
A: T BLR authority is plenary.
12Q: THE AUTHORITY OF THE BLR TO RESOLVE CONFLICTS INVOLVING UNION AFFILIATION WITH LABOR FEDERATIONS OR NATIONAL
UNION IS SPECIFICALLY ENUMERATED AS ONE OF THE JURISDICTIONS OF THE BLR.
A: F It is not specifically listed but it is within an intra-union dispute
13Q: THE BLR CAN VALIDLY SUBSTITUTE ITS JUDGMENT TO THAT OF THE UNIONS COMELEC ON ELECTION PROTESTS DECIDED BY
THE LATTER.
A: T Villaor case.
14Q: THERE ARE 3 REQUIREMENTS FOR THE FILING OF COMPLAINT FOR AUDIT OF UNION FUNDS.
A: F 4 conditions. La Tondena case. Art. 274.
1. Filed by union member.
2. 20% of union members
3. Not within the freedom period
4. Not within 30 days prior to election of union officers
15Q: KEEPING A REGISTER OF CBA IS ONE OF THE FUNCTIONS OF THE DOLE RD.
A: F A function of the BLR.
16Q: THE REGISTRATION OF CBA IS NOT A MINISTERIAL FUNCTION, AND THUS, MAY BE DENIED.
A: F (T?) There are requirements, therefore not ministerial.
17Q: FREEDOM PERIOD IS THE CAMPAIGN PERIOD BEFORE THE DATE OF THE CERTIFICATION ELECTION.
A: F Freedom Period 60 days prior to the expiration of the CBA
18Q: A COMPROMISE AGREEMENT STATING THAT THERE IS NO ER-EE RELATIONSHIPS BETWEEN THE PARTIES IS ENFORCEABLE.
A: F There is no compromise if there is no ER-EE relationship. Ruga case.
19Q: A COMPROMISE AGREEMENT ALTERING THE JUDGMENT THAT ALREADY ATTAINED FINALITY CANNOT BE ALLOWED.
A: IT DEPENDS It depends if the compromise agreement is voluntary and reasonable: (1) voluntariness and (2) reasonableness. Galicia case.
20Q: CONTRACT BAR RULE MEANS THAT THE PARTIES TO A CBA IS BARRED FROM VIOLATING ANY OF ITS PROVISIONS.
A: F Contract Bar Rule means that if a valid CBA is subsisting, there should be no certification election.
REASON FOR CONTRACT BAR RULE because the representation is for the duration of the CBA (5 years); the status should therefore be
maintained equal to the duration of the CBA
02-11-2015
1Q: TO BE A LLO, ONE OF THE REQUIREMENTS FOR REGISTRATION IS THE SUPPORT SIGNATURE OF AT LEAST 20% OF ITS MEMBERS.
A: IT DEPENDS if registering as an independent labor union or as an affiliate.
Q: WHAT ARE THE 2 WAYS TO BECOME A LEGITIMATE LABOR ORGANIZATION (LLO)?
A:
1. INDEPENDENT REGISTRATION
2. CHARTERING: Affiliation (with a federation)
Q: WHAT KIND OF FEDERATION?
A: LEGITIMATE: it must itself be registered.
Q: WHERE TO APPLY FOR REGISTRATION OF FEDERATION?
A: BLR, specifically the Labor Relations Division.
Q: WHO HEARS THE APPLICATION FOR REGISTRATION OF FEDERATION?
A: Med-Arbiter.
Q: HOW CAN UNC LABOR UNION, WHICH IS AN INDEPENDENT UNION, BE AFFILIATED?
A: When they affiliate themselves with a registered federation and said federation issues CHARTER to them.
2Q: TO BE A LLO, THE BOOKS OF ACCOUNTS MUST BE SUBMITTED AS ONE OF THE REQUIREMENTS FOR REGISTRATION.
A: F In both instances (independent union and federation), it is NOT required. It must be submitted ONLY for REPORTORIAL REQUIREMENTS.
3Q: THE ISSUANCE OF CHARTER CERTIFICATE TO A LOCAL OR CHAPTER BY A REGISTERED BESTOWS UPON IT THE RIGHTS OF A LLO.
A: F It only bestows one right: right to petition for certification election (that is, right to apply, right to participate, right to vote and be voted upon).
4Q: A LOCAL UNION WHOSE REGISTRATION IS BY VIRTUE OF AFFILIATION WITH A LEGITIMATE LABOR FEDERATION MAY NOT ENJOY
THE RIGHTS OF A LLO.
A: T Because of Number 3. Only the right to petition for certification election is enjoyed.
Q: WHEN CAN SUCH LOCAL UNION (IN NUMBER 4) ACQUIRE ALL THE RIGHTS OF A LEGITIMATE LABOR UNION?
A:
1. Submit the Charter Certificate
2. Submit the list of names of officers, addresses and principal office of the chapter
3.
4.
Submit the CBL of the chapter, and if the same with a federation, state such fact
All of these must be certified under oath by the secretary or treasurer and attested by its president
Q: WHAT ARE THE 3 RIGHTS OF A LEGITIMATE LABOR ORGANIZATION?

A: (Rights of EBR? 1. Act as representative. 2. Be an exclusive representative. 3. Be furnished with annual audited FS.?)
5Q: ONLY MANAGERIAL EES ARE PROHIBITED FROM JOINING A LABOR UNION.
A: F Also confidential employees.
Q: CAN CONFIDENTIAL EMPLOYEES JOIN THE LABOR ORGANIZATION OF THE RANK-IN-FILE?
A: No. Confidential employees are those who are dealing with information concerning labor relations.
6Q: CONFIDENTIAL EES CAN BE PART OF A CBU.
A: F.
You cannot vote in certification election if you are not part of the CBU.
You can receive benefits of CBA even if you did not vote in certification election through AGENCY FEE.
7Q: A PETITION FOR CERTIFICATION ELECTION MAY BE FILED AFTER ONE YEAR FROM THE LAST CERTIFICATION ELECTION HELD
EVEN IF THERE IS AN EXISTING EBR.
A: F. (Representation status of EBR is valid for 5 years.?)If there is EBR but after 1 year there is still NO CBA, it is a ground to question the capacity of
the EBR.
02-17-2015
Q: WHAT WILL HAPPEN TO A PETITION FOR CERTIFICATION ELECTION?
A: The Med-Arbiter will decide whether to grant or deny the petition for certification election.
Q: WHAT WILL BE THE GROUNDS FOR DENIAL?
A: 5 grounds.
1. WHO IS FILING IT
: Filed by a non-legitimate organization: that is, the name of the union does not appear among the registered
labor unions filed in the Labor Relations Division.
2. PERIOD WHEN IT IS FILED :
a. If there is CBA
: within the FREEDOM period
b. If there is NO CBA
: within 1 year from last certification
3. ACTION OF PETITIONER
: Non-appearance; Failure to submit 25% signature to support the filing
4. SITUATION IN THE ESTABLISHMENT
[N2I2L CD1]
1. Non-appearance
2. No employer-employee relationship
3. Illegitimacy: no charter
4. Illegitimacy: unregistered union
5. Lack of support
6. Contract Bar Rule
7. Deadlock or Negotiation Bar Rule
8. 1 Year Bar Rule
8Q: A PETITION FOR CERTIFICATION ELECTION WILL BE DENIED IF, BASED ON EVIDENCE SUBMITTED BY THE OPPOSITOR, GROUNDS
FOR ITS CANCELLATION EXIST.
A: F It cannot be collaterally attacked.
9Q: MANDATED TO BE JUST A BY-STANDER IN A PETITION FOR CERTIFICATION ELECTION, THE ER CANNOT FILE A PETITION FOR
A: F It may file if it is requested to bargain collectively and there is no existing CBA.
Q: UNION A DEMANDED FROM EMPLOYER TO BARGAIN COLLECTIVELY. THERE IS NO EXISTING CBA. CAN THE EMPLOYER NOW FILE A
PETITION FOR CERTIFICATION ELECTION?
A: IT DEPENDS if the union is a legitimate labor organization. Also, if there is indeed an ER-EE relationship. Therefore, the first question should be, is it
really the EMPLOYER?
Q: WHAT IS ACHIEVED IN A CERTIFICATION ELECTION?
A: That the employees want to be represented and that the exclusive bargaining representative is the one they sought to represent them.
Q: WHY WILL THE EMPLOYER BE INTERESTED IN THE INFORMATION ON THE CERTIFICATION ELECTION, SUCH THAT IT ALSO HAS A
RIGHT TO PETITION?
A: So that it will know whether it has to bargain collectively or not. Because if there is no EBR, the company cannot be compelled to bargain collectively.
Such that if there be no majority, then it may not bargain collectively.
02-18-2015
Q: WHY CAN AN EMPLOYER NOT FILE A PETITION FOR CERTIFICATION ELECTION (PCE) AS A GENERAL RULE?
A: Because this deals with employees right to self-organization, not the employers right.
Q: WHAT IS THE ONLY INSTANCE WHEN AN EMPLOYER MAY FILE A PCE?
A: When it was requested to bargain collectively and there is no existing CBA.
10Q: THE EMPLOYER CANNOT FILE AN OPPOSITION IN PETITION FOR CERTIFICATION ELECTION.
A: F
Q: WHAT IS THE DIFFERENCE BETWEEN OPPOSITION TO CE AND OPPOSITION IN CE?
A: In opposition TO CE, what is being opposed is the CE ITSELF. In opposition IN CE, what is being opposed are certain aspects of the CE.
Q: WHAT ARE SOME EXAMPLES OF GROUNDS FOR OPPOSITION IN CE?
A:
1. That there is NO EMPLOYER-EMPLOYEE RELATIONSHIP.
2. That they do not belong to a CBU sought to be represented in CE.
11Q: A PETITION FOR CE MAY NOT BE GRANTED EVEN IF IT IS FILED BY A LEGITIMATE ORGANIZATION AND THERE IS NO EBR IN
THE ESTABLISHMENT.
A: T
Q: WHAT IS A VOLUNTARY RECOGNITION?
A: Recognition of employer of the EBR when there is only one CBU in an unorganized establishment.
Q: VOLUNTARY RECOGNITION IS NOT A BAR TO PCE. WHY?
A: Because the right to determine who to represent the employees belong to the employees, not to the employer. Unless there is a CBA.
12Q: AS SUPERVISORY EMPLOYEES CANNOT JOIN THE UNION OF THE RANK AND FILE, THEIR MEMBERSHIP THEREFROM SHALL BE
THROUGH A PETITION FOR EXPULSION.
A: F They are deemed removed.
13Q: AN EMPLOYER UNIT MEANS THAT THE COMPOSITION OF THE CBU WAS DETERMINED BY THE ER.
A: F Employer unit is when there is only 1 CBU comprising the rank-in-file employees for example, or supervisory employees for example, in one
establishment. There is no need therefore to identify what employees belong to such unit.
14Q: THE INCLUSION OF THE SUPERVISORY EE AS MEMBERS OF THE UNION OF THE RANK AND FILE CANNOT RESULT IN THE
CANCELLATION OF THE REGISTRATION OF THE UNION.
A: F As when the inclusion of the supervisory employee was done by MISREPRESENTATION. That is, the supervisory employee was included to
appear as rank-in-file employee.
15Q: IN ORDER TO HAVE A RUN-OFF, ONE OF THE REQUIREMENTS IS THAT AT LEAST 3 LLO MUST BE THE CONTENDERS IN THE
A: F It should be at least 2 LLO and 1 No Union.
Q: WHAT ARE THE REQUIREMENTS FOR A RUN-OFF ELECTION?
A: 5.
1. Valid certification election.
2. At least 2 LLO must be contenders in CE (at least 3 choices: 2 LLO, 1 no union)
3. Results to no choice: no one obtains at least 50% of the valid votes cast
4. Total votes of the contending unions is at least 50% of the total number of valid votes cast
5. The run-off will be conducted with the 2 highest number of votes received
Q: WHAT IS A RUN-OFF ELECTION?
A: When in a CE, no EBR is declared and the 5 requirements are met.
There are only at least 2 LLO. The other is NO UNION.
There should be at least 51 VALID VOTES CAST in case of 100 union members.
Q: EXAMPLE OF AN INVALID VOTE?
A: When you wrote a name of a union which is not one of the contending unions. Or when mutilated.
Union A =
Union B =
No Union =
100 employees, 51 valid votes casted

25
25
1
If it is the No Union which got the 25 votes, there will be no run-off because it is not equivalent to a majority of the valid votes cast which should be 26.
To constitute a run-off, there must be at least 2 unions. Thus in this case, there is failed CE and they have to wait for another 1 year for another CE.
16Q: TO HAVE A VALID ELECTION, AT LEAST MAJORITY OF THE TOTAL MEMBERSHIP OF THE CONTENDING UNIONS MUST HAVE
CASTED THEIR VOTES.
A: F (It must be at least a majority of the total membership of the CBU.)
17Q: IN ORDER TO HAVE A RUN-OFF ELECTION, ONE OF THE REQUIREMENTS IS THAT THE TOTAL NO. OF VOTES RECEIVED BY TWO
UNIONS MUST BE AT LEAST 50% OF THE TOTAL VALID VOTES CAST.
A: F (It is not limited to at least 2 unions; there may be 3 unions. What is essential is that there is a majority vote of the total membership in the CBU
in order to warrant a notion that the CBU wanted to be represented)
18Q: GRAVE ABUSE OF DISCRETION IS ONE OF THE GROUNDS PROVIDED FOR BY LAW TO APPEAL THE DECISION OF THE MEDARBITER ON A PETITION FOR CERTIFICATION ELECTION.
A: F (?)
19Q: TO HAVE A PERSONALITY TO FILE A PETITION FOR CERTIFICATION ELECTION ON BEHALF OF ITS LOCAL/CHAPTER, THE LLF MUST
SUBMIT TO THE BLR THE NAMES OF THE OFFICERS AND MEMBERS OF ITS LOCAL/AFFILIATE.
A: F (The LLF is not required to submit the names of the officers and members of its local/affiliate.)
20Q: THE STATUS OF THE UNION AS THE EXCLUSIVE BARGAINING REPRESENTATIVE IS CO-TERMINOUS WITH THE DURATION OF CBA.
A: (F? In case of new EBR but with existing CBA, the new EBR shall respect the existing CBA although it may negotiate for the shortening thereof.)
11-11-2014
1Q: THE SUBSTANTIAL MUTUALITY OR UNITY OF INTEREST OF EMPLOYEES IN AN ESTABLISHMENT IS THE CONTROLLING FACTOR IN
DETERMINING WHO CAN BECOME MEMBERS OF A LABOR UNION.
A: F Because the test is applicable in determining the CBU.
Q: WHO DETERMINES WHO WILL BECOME A MEMBER OF THE UNION?
A: It depends on the CBL of the union, that is, the qualifications and the will of the employees.
2Q: A LABOR UNION OR FEDERATION CAN REPRESENT DIFFERENT/SEPARATE CBU WITHIN ONE ESTABLISHMENT.
A: IT DEPENDS on WON the CBUs are all rank-in-file or all are supervisory. Because a rank-in-file cannot represent the supervisory CBU and vice
versa. Holy Child Catholic School case.
3Q: THE LABOR FEDERATION THAT REPRESENTED THE LOCAL UNION IN THE CBA HAS THE RIGHT TO RECEIVE THE AGENCY FEE FROM
THE LOCAL UNION WITHIN THE DURATION OF THE CBA EVEN IF THE LOCAL HAS ALREADY DISAFILLIATED FROM IT.
A: F Volkshel case.
4Q: ANY ACT THAT VIOLATES THE RIGHT TO SELF-ORGANIZATION IS PUNISHABLE AS ULP UNDER THE LABOR CODE.
A: F only those enumerated as ULP is punishable as such. Because it is criminal in nature. Bacause one cannot be punished criminally for one not
punished as such. It is mala prohibita.
5Q: THE BURDEN OF PROOF IN PROVING THE COMMISSION OF AN UNFAIR LABOR ACT IS ON THE EMPLOYER.
A: IT DEPENDS on who is filing the charge.
6Q: PROFESSING AS A UNION-FRIENDLY EMPLOYER, COMPANY A CAN VALIDLY INITIATE THE FORMATION OF A LABOR UNION AMONG
ITS EMPLOYEES.
A: F Because it will constitute as ULP (248b)
7Q: ALL CLAIMS/ISSUES CONCERNING OR RELATING TO ULP MUST BE HEARD BY THE LABOR ARBITER.
A: F Because claims arising from criminal aspect of ULP is brought to regular courts and also, there is assumption of jurisdiction by the Secretary of
Labor.
Q: EVEN THE NLRC MAY ASSUME JURISDICTION?
A: No.
8Q: THE REASON WHY ULP IS PUNISHABLE AS A CRIMINAL OFFENSE IS BECAUSE IT IS A VIOLATION OF THE FREEDOM OF
ASSOCIATION.
A: F Because it is an offense against the State.
9Q: IF THE UNION STRONGLY BELIEVES THAT HIS EMPLOYER COMMITTED ULP, THE UNION MAY IMMEDIATELY FILE A COMPLAINT FOR
ULP WITH THE FISCALS OFFICE.
A: F Criminal aspect cannot proceed until after final judgment on ULP.
10Q. ONCE THE DECISION OF THE LA FINDING THE EMPLOYER GUILTY OF ULP IS AFIRMED BY THE SC, THE CRIMINAL PUNISHMENT
SHALL LIKEWISE BE IMPOSED.
A: F It cannot even be used as evidence for ULP.
11Q. ULP MAY BE COMMITTED EVEN BY THE UNION ITSELF.
A: T.
12Q. WHEN THE ULP IS COMMITTED BY EMPLOYER COMPANY, ONLY THE OFFICERS AND AGENTS THEREOF ARE LIABLE.
A: IT DEPENDS If civil or criminal aspect. The provision applies if it is on criminal aspect.
13Q. THE COMMISSION OF ULP IS A GROUND FOR CANCELLATION OF UNION REGISTRATION.
A: F.
14Q. AN EMPLOYERS REFUSAL TO NEGOTIATE A CBA WITH THE EBR DUE TO A PENDING CONTROVERSY AS TO WHO ARE THE
LEGITIMATE OFFICERS THEREOF CONSTITUTES ULP.
A: T De La Salle case.
15Q. IT IS A ULP ACT OF THE EMPLOYER TO TERMINATE THE EMPLOYMENT OF AN EMPLOYEE FOR REFUSING TO JOIN A LABOR
ORGANIZATION.
A: IT DEPENDS IF there is Union Security Clause (then not a ULP). Victoriano case.
02-24-2015
1Q: THE COMPLAINT SOLELY FOR DAMAGES FILED BY EMPLOYER AGAINST THE UNION OF ITS EMPLOYEES FOR DAMAGES SUFFERED
DUE TO ULP COMMITTED BY UNION CANNOT BE FILED WITH THE REGULAR COURTS.
A: F There must be a hearing first before the LA and it must be heard therein otherwise there will be splitting of cause of action.
2Q: THE UNIONS ACT OF REQUIRING THE MEMBERS WHO RESIGNED FROM UNION TO RETURN BEING MEMBERS THEREOF UNDER THE
THREAT OF DISMISSAL FROM EMPLOYMENT IS ULP OF UNION.
A: IT DEPENDS if there is a union security clause, NOT ULP, otherwise it is.
REQUIREMENTS OF UNION SECURITY CLAUSE:
1. Union is EBR
2. There is CBA requiring continued membership
3. CBA contains a union security clause
3Q: DISMISSING EMPLOYEE BECAUSE OF HIS ACTIVE INVOLVEMENT IN UNION ACTIVITIES IS NOT ULP IF DISMISSAL IS NOT TAINTED
WITH BAD FAITH.
A: F Bad faith is presumed as long as it is one of the cases mentioned by the Code as constituting ULP. Bad faith may not be proved. Quadra case.
4Q: MAINTENANCE OF MEMBERSHIP, AS UNION SECURITY PROVISION IN CBA, MEANS THAT AS A GENERAL RULE, RESPECTIVE
MEMBERS OF UNIONS EXISTING IN ONE AND THE SAME CBU MUST CONTINUE BEING MEMBERS IN GOOD STANDING OTHERWISE
THEY SHALL LOSE THEIR EMPLOYMENT.
A: F Because maintenance of membership means that as a general rule, employees in the bargaining unit represented by the EBR, the members
must continue to be members in good standing otherwise they will lose their employment.
5Q: UNION SHOP, AS UNION SECURITY PROVISION IN CBA, MEANS THAT AS A GENERAL RULE, THE EMPLOYEES IN THE BARGAINING
UNIT REPRESENTED BY EBR WHO ARE NOT YET MEMBERS OF SUCH EBR SHOULD BECOME MEMBERS THEREOF AFTER A
PARTICULAR PERIOD OF TIME OF THEIR EMPLOYMENT, OTHERWISE THEY SHALL LOSE THEIR EMPLOYMENT.
A: T.
6Q: CLOSED SHOP, AS UNION SECURITY PROVISION IN CBA, MEANS THAT AS A GENERAL RULE, THE EMPLOYEES IN THE BARGAINING
UNIT REPRESENTED BY EBR CANNOT BENEFIT FROM CBA UNLESS THEY BECOME MEMBERS THEREOF UPON THE EFFECTIVITY OF
CBA.
A: F In closed shop, before the employee can be hired, he must be a union member. This is the strongest among the 3 because there are 2
prerogatives shared by the employer to the union: power to hire and power to dismiss. Unlike the 2 where only the power to dismiss is shared.
3 CATEGORIES OF UNION SECURITY CLAUSE:
1. Maintenance of Membership
2. Union Shop
3.
Closed Shop
7Q: VIOLATION OF CBA IS PUNISHABLE AS ULP.

A: IT DEPENDS if it constitutes gross violation of CBA. Violation must be gross (malicious and flagrant: MALICIOUS: when violation is so clear that
there is no room for interpretation. FLAGRANT: when you already called the attention of the employer but it did not do anything). Goya case.
8Q: IN ENFORCEMENT OF UNION SECURITY CLAUSE OF CBA, A UNION MEMBER WHO DISAFFLIATED AND TRANSFERRED MEMBERSHIP
TO ANOTHER LABOR UNION MAY BE TERMINATED FROM EMPLOYMENT EVEN IF THE CBL OF UNION DOES NOT PROHIBIT
DISAFFILIATION.
A: T.
9Q: IN ENFORCEMENT OF UNION SECURITY CLAUSE IN CBA, THE MEMBERS OF LOCAL UNION THAT DISAFFILIATED FROM FEDERATION
THAT NEGOTIATED THE CBA SHALL BE DISMISSED FROM EMPLOYMENT IF THE BY-LAWS OF FEDERATION PROVIDES THAT
DISAFFILIATION DURING THE TERM OF CBA SHALL BE A GROUND FOR EXPULSION.
A: IT DEPENDS on WON the CBL provided for such expulsion. If the CBL of federation doesnt say so that disaffiliation is a ground for expulsion,
then it cannot be a ground for termination.
10Q: THE TERMS USED IN PROVISIONS OF CBA MUST BE GIVEN THEIR LEGAL MEANING.
A: F Literal meaning. Phil. Journalist case.
03-04-2015
1Q: A YELLOW DOG CONTRACT IS A CONTRACT BETWEEN EMPLOYER AND EMPLOYEE THAT THE LATTER WILL ORGANIZE A COMPANY
UNION.
A: F Because it is a contract requiring the employee not to join or have to resign from a union as a condition for hiring.
2Q: IT IS ULP FOR EMPLOYER NOT TO IMPLEMENT AGREEMENTS MADE BETWEEN IT AND THE UNION DURING THE CBA NEGOTIATIONS.
A: F Non-implementation of matters not written in CBA is not ULP. Samahang Manggagawa sa Top Form.
3Q: IT IS ULP ON THE PART OF EMPLOYER TO SIGN A CBA WITH NEW UNION OF ITS EMPLOYEES WITH PROOF OF MEMBERSHIP
THEREIN BY 91% OF EMPLOYEES IN CBU AND PROOF OF DISAFFILIATION FROM FEDERATION WHICH WAS THE CERTIFIED EBR
THEREIN.
A: T (F?) Central Azucarera case. Refusal to bargain is ULP if done in bad faith (Union of Filipro case.) It is in bad faith if there is no reasonable
ground for such refusal. In General Milling case, the issue is renewal.
4Q: IT IS ULP FOR EMPLOYER TO REFUSE TO NEGOTIATE A RENEWAL OF CBA IF IT HAS RECEIVED REPORTS THAT MEMBERS OF EBR
HAVE ALREADY WITHDRAWN MEMBERSHIP THEREFROM.
A: T Because here there is no reasonable ground for being merely reports.
5Q: DUTY TO BARGAIN COLLECTIVELY MEANS OBLIGATION OF EMPLOYER TO MEET PROMPTLY AND EXPEDITIOUSLY IN GOOD FAITH
WITH EBR OF EMPLOYEES FOR PURPOSE OF NEGOTIATING CBA.
A: F It involves BOTH employer and EBR, not only the employer.
6Q: FOR REFUSAL TO BARGAIN COLLECTIVELY TO BE ULP, REFUSAL MUST BE IN BAD FAITH.
A: T.
7Q: LA AND VA HAVE CONCURRENT JURISDICTION OVER CLAIMS ARISING FROM INTERPRETATION AND IMPLEMENTATION OF CBA.
A: F Exclusive and original with Voluntary Arbitrator. Estate of Dulay case.
8A: DISMISSAL OF UNION OFFICERS AND EMPLOYEES CONSTITUTE ULP.
A: IT DEPENDS IF directed against the right to self-organization (then it is a ULP).
9Q: IN LABOR DISPUTE INVOLVING THE ISSUE OF EMPLOYERS REFUSAL TO BARGAIN COLLECTIVELY, SEC. OF LABOR CANNOT
VALIDLY ASSUME COMPULSORY JURISDICTION AND ORDER THE PARTIES TO ENTER INTO CBA IF THE REASON FOR EMPLOYERS
REFUSAL TO BARGAIN IS BECAUSE OF PENDENCY OF PETITION TO CANCEL EBRS UNION REGISTRATION.
A: F Digitel case.
10Q: IT IS ULP OF EMPLOYER TO REFUSE TO NEGOTIATE WITH OFFICERS OF EBR UNION WHEN SUCH OFFICERS HAVE NOT BEEN
PROCLAIMED YET.
A: T It is a different matter. DLSU case.
11Q: WHEN THERE IS PENDING CONTROVERSY BETWEEN EBR AND ANOTHER LEGITIMATE UNION IN CBU QUESTIONING
REPRESENTATION STATUS OF EBR, EMPLOYER MAY VALIDLY PUT IN ESCROW THE UNION DUES CHECKED OFF BY EMPLOYER
FROM EMPLOYEES UNTIL CONTOVERSY SHALL HAVE BEEN DECIDED BY LABOR TRIBUNAL.
A: F As long as there is EBR, the employer has to negotiate. Intra-union dispute is not a ground not to negotiate. DLSU case.
12Q: IT IS ULP FOR EMPLOYER TO SUSPEND CBA NEGOTIATIONS DUE TO SUSPENSION OF OPERATIONS.
A: F Manila Mining case.
13Q: BECAUSE CERTIFICATION ELECTION IS STRICTLY A CONCERN OF EMPLOYEES, IT IS ULP FOR EMPLOYER TO FILE A PCE.
A: IT DEPENDS IF it was requested to bargain collectively and there is EBR (CBA?), not ULP
14Q: THE VA HAS NO JURISDICTION TO RESOLVE ISSUES WHICH WERE NOT SUBMITTED BY PARTIES FOR RESOLUTION.
A: F Goya case and 7k Corp case.
3 INSTANCES WHEN VA MAY DECIDE AN ISSUE WHICH WAS NOT SUBMITTED FOR DECISION:
1. When the resolution is necessary.
2. When necessary to completely dispose the matters submitted to VA.
3. When necessarily connected to the issue submitted to VA.
15Q: DECISIONS OF VA ARE NOT APPEALABLE BUT MAY BE QUESTIONED THROUGH PETITION FOR CERTIORARI UNDER RULE 65.
A: F Appealable under Rule 43 not 65.
03-07-2015
EXAM: MARCH 26, 2015, 5:30-7:30 (same room)
STRIKES AND LOCKOUTS
The determining adjective is TEMPORARY.

STRIKE
LOCKOUT
TEMPORARY stoppage of work on the part of employee.

TEMPORARY furnishing of work on the part of employer.
IMPORTANT QUESTIONS:
WHAT ARE VALID GROUNDS FOR STRIKE? WHAT ARE THE REQUIRED PROCESSES? WHAT ARE THE CONSEQUENCES?
Q: WHAT ARE THE VALID GROUNDS FOR STRIKE OR LOCKOUT?
A:
1. Collective Bargaining Deadlock
2. ULP
Q: WHO MAY STAGE A STRIKE ON THE GROUND OF CB DEADLOCK?
A: EBR.
Q: WHY NOT ANY UNION IN SUCH A CASE?
A: Because it is only the EBR which can negotiate a CBA with the employer. A union which is not an EBR has no representation status.
Q: WHO MAY STAGE A STRIKE ON THE GROUND OF ULP?
A: Any legitimate labor union, including the EBR. Except if the ground is gross violation of CBA.
Q: HOW ABOUT GROSS VIOLATION OF CBA?
A: EBR.
Q: EXAMPLE OF ULP WHICH MAY BE FILED BY ANY LABOR UNION.
A: Union busting.
Q: WHAT IS UNION BUSTING?
A: Any act of employer to weaken the union. E.g. Dismissal of union officers or members by reason of their participation in the union.
Q: IF THE GROUNDS EXIST, WHAT SHOULD THEY DO?
A: File a Notice of Strike with the Labor Relations Division (usually with Med-Arbiter under the office of NCMB).
Q: WHEN?
A: Notice of Strike depends on the ground.
If CB Deadlock
: at least 30 days prior to intended strike
If ULP
: at least 15 days prior to intended strike (thus, may be filed within 30 days)
Q: IF GROUND IS ULP FOR UNION BUSTING, WHEN?
A: At least 7 days. (Strike Ban is 7 days before the conduct of strike. Its purpose is to verify the authenticity of the votes.)
Q: WHO SHOULD VOTE?
A: Members of the union represented by the EBR.
Q: HOW MUCH VOTE?
A: SIMPLE Majority (when the law does not indicate what majority means, it is only SIMPLE AMJORITY: 50% + 1)
Q: CAN THE SECRETARY OF LABOR PROVIDE IN THE ARBITRAL AWARD WHAT SHOULD BE CONTAINED IN THE CBA?
A: Yes. Because a CBA is not an ordinary contract. The law may dictate on what it should contain. Thats part of assumption of jurisdiction.
Q: FOR ORDERS ISSUED BY THE SEC. OF LABOR, AND YOU WANT TO QUESTION IT, WHERE WILL YOU GO? IS IT APPEALABLE AND
WHERE?
A: No appeal. It is final and executory. But it may be questioned thru PETITION FOR CERTIORARI with Court of Appeals. And then on PETITION FOR
REVIEW by the Supreme Court.
Q: ARE EMPLOYEES OF HOSPITAL ALLOWED TO STRIKE?
A: Yes but the Sec of Labor has to assume jurisdiction within 24 hours and that the employees therein must ensure that there is skeletal workforce.
Q: FOR ILLEGAL STRIKE, IS THERE A DISTINCTION IN THE LIABILITY OF OFFICERS OF UNION AND MEMBERS?
A: Yes. Officers are liable even if there is legal or illegal strike. (p.671)
ILLEGAL STRIKE IF CAUSE IS:
1. No ground
2. Failure to observe the process
3. Commission of illegal acts which is widespread
For members, it depends on their participation. For them to be liable, pinpoint their participation, that is, the cause of liability.
Q: WHAT ARE THE CONSEQUENCES OF ILLEGAL STRIKE?
A: Nominal and Actual damages only and DISMISAL. For dismissal, you will have to look for the causes of illegality. Thus, if a ground is LACK OF
GROUND, then GOOD FAITH STRIKE is allowed as a defense (union really believes that the ground of ULP is indeed a ULP (provided that the act is
present), only that in the mind of the court, it is not). For grounds of NO-PROCESS and WIDESPREAD ILLEGAL ACTS, dismissal is proper.
IMPROVED OFFER on the part of employer; not done voluntarily but done with the Med-Arbiter (decision by majority of the Board of Directors or
Majority of Controlling Partners)
REDUCED OFFER on the part of the employee
Participation of foreign nationals is PROHIBITED, unless such foreign country grants that right to Filipinos working in that foreign country and also if with
Alien Employment Permit.
03-09-2015
Q: WHY DO WE HAVE TO LOOK AT THE DIFFERENT CLASSIFICATIONS OF EMPLOYEES (IN LABOR STANDARDS OR RELATIONS)?
A: So that we will know up to what extent the right as provided in the Labor Code is applicable to such particular employee.
Q: WHY CLASSIFY EMPLOYEES IN LABOR STANDARDS ?
A: So that we will know if that particular type of employee has a right under that classification of employee. E.g. field personnel is not entitled to overtime
pay.
Q: WHY CLASSIFY EMPLOYEES IN LABOR RELATIONS?
A: So that we will know if such employee has a right to self-organization and up to what extent.
Q: WHAT IS THE RIGHT THAT WE WILL BE TALKING IN BOOK VI?

A: Security of tenure.
Q: WHAT IS SECURITY OF TENURE?
A: Employment may not be terminated except with due process of law (as provided in the Constitution).
Q: WHAT IS EMPLOYMENT EQUATED FOR (IN CONSTITUTION)?
A: Property.
Q: DUE PROCESS IN TERMINATION MEANS?
A: That employment cannot be terminated without VALID CAUSE (substantive due process) and VALID PROCEDURE (procedural due process). That
is, except on grounds provided for by law and the process for terminating the employee is also provided by law.
Q: 2 COMPONENTS OF DUE PROCESS?
A:
1. Substantive
2. Procedural.
Q: PROCEDURAL DUE PROCESS IS THE RIGHT TO BE HEARD. BUT IN LABOR CASES, IT IS NOT THE RIGHT TO BE HEARD WHICH IS
GURANTEED BUT?
A: The OPPORTUNITY to be heard. Whether you took the chance or not. Therefore, 2 components of procedural due process in Labor Cases are:
1. Notice and
2. Opportunity to be heard
Q: IS MERE NOTICE ENOUGH? WOULD NOTICE BE SUFFICIENT WITHOUT OPPORTUNITY TO BE HEARD?
A: IT DEPENDS on the ground of termination.
For authorized causes, notice alone is sufficient. For just causes, notice and opportunity to be heard are required.
Q: WHAT ARE THE 2 CLASSIFICATIONS OF GROUNDS FOR TERMINATION?
A:
1. Just causes
2.
Authorized causes.
Q: WHY REQUIRE HEARING IN JUST CAUSES?

A: Because the grounds therein are imputable to the employees, thus, they should be given the opportunity to be heard.
Q: TANGGA-AN CASE.
A: Employment involves the fundamental SURVIVAL of the employees and their families.
Q: ALERT SECURITY CASE.
A: Employment is the LIFEBLOOD of the employee.
Q: WHAT ARE THE CLASSIFICATIONS OF EMPLOYEES FOR PURPOSES OF BOOK VI?
A:
1. Regular
2. Casual
3. Project
4. Seasonal
5. Probationary
The extent (grounds and process) of security of tenure will depend upon such classification.
03-10-2015
Q: WHAT HAVE YOU LEARNED IN LABOR STANDARDS LAW?
A: No employer-employee relationship, Labor Code will not apply.
Q: WHAT IS FEATHERBEDDING?
A: When the union demands from employer to give it certain concessions just so to agree to a CBA (like lagay): ULP
Q: WHAT IS BLUESKY BARGAINING?
A: Asking for terms which are impossible for employer to agree on. There is no good faith in bargaining because the union knows that it is impossible.
On the part of employee.
Q: WHAT IS SURFACE BARGAINING?
A: The employer just goes thru bargaining but has actually no plan of pursuing or implementing.
On the part of employer.
Q: WHAT ARE THE 2 GENERAL GROUNDS/FACTORS THAT MAKE DISMISSAL LEGAL OR ILLEGAL?
A:
1. Ground or reason for termination
2. Process of termination
Q: WHAT SHOULD IT BE TO HAVE A VALID TERMINATION ON THE 1st FACTOR?
A: The grounds must be provided for by law.
Q: WHAT SHOULD IT BE TO HAVE A VALID TERMINATION ON THE 2nd FACTOR?
A: The process must be provided for by law.
Q: WHAT IS REQUIRED IN THE PROCESS OF TERMINATION?
A: Notice and opportunity to be heard.
Q: WHAT IS THE DIFFERENCE BETWEEN HEARING AND OPPORTUNITY TO BE HEARD?
A: Hearing requires confrontation of witness. But in an opportunity to be heard, it is enough that the employee is given the chance to explain himself. It is
not trial-type hearing.
Q: IS IT ALWAYS NOTICE AND OPPORTUNITY TO BE HEARD?
A: NO. Both are required only in case of just causes of termination, not in the case of authorized causes where notice is sufficient.
Q: WHY?
A: Because just causes are imputable to employee, thus he must be given the chance to be heard.
Q: WHAT IS THE REQUIREMENT FOR NOTICE ON JUST CAUSES?
A: 2 notices:
1. NTE (Notice to Explain) 2. NTD (Notice to Dismiss)
There must be a period specifically indicated in the NTE because after such period, the employee may be dismissed.
Q: WHAT IS THE REQUIREMENT FOR NOTICE ON AUTHORIZED CAUSES?
A: 1 notice but given to 2 addresses:
1. Employee
2. DOLE
Q: WHO IS A REGULAR EMPLOYEE?

A: An employee doing work necessary AND desirable to the usual trade and business of the employer and who has rendered service for more than 6
months.
All of the types of employees in Book VI have security of tenure but it depends on the EXTENT (or GROUNDS).
Q: WHO HAS THE LEAST GROUND OF SECURITY OF TENURE?
A: Regular employee because others have MORE grounds to be terminated.
Q: WHO ARE PROBATIONARY EMPLOYEES?
A: An employee doing work necessary AND desirable to the usual trade and business of the employer and who has not rendered service for more than
6 months.
Q: WHAT IS THE PURPOSE OF PROBATIONARY EMPLOYEE?
A: To determine the fitness of the employee for the work he was hired.
Q: WHAT ARE THE GROUNDS FOR TERMINATION OF REGULAR EMPLOYEES?
A: Those provided for by law.
Q: WHAT ARE THE GROUNDS FOR TERMINATION OF PROBATIONARY EMPLOYEES?
A: Those provided for by law and if he fails to qualify as regular employee in accordance with reasonable standards made known to the employee at the
time of engagement.
Q: WHAT ARE THE 2 FACTORS IN THE TERMINATION OF PROBATIONARY EMPLOYEES?
1. Reasonable performance standard
2. Made known to the employee at the time of engagement
The grounds for termination of the other types of employees are reflective of the nature of employment.
Q: WHO ARE PROJECT EMPLOYEES?
A: Those hired to do work necessary AND desirable constituting a specific project of the employer, the duration of which is known at the time of
engagement (at the beginning of the project). The duration of the period is not fixed by the period but depends on the project.
Q: WHAT ARE THE GROUNDS FOR TERMINATION OF PROJECT EMPLOYEES?
A: Those provided for by law and the completion of project to which the employee was hired.
Q: WHO ARE CASUAL EMPLOYEES?
A: (?)
Q: WHAT ARE THE GROUNDS FOR TERMINATION OF CASUAL EMPLOYEES?
A: (?)
Casual ripening into regular.
03-11-2015
Q: GROUNDS UNDER AUTHORIZED CAUSES OF TERMINATION?
A:
1. Installation of labor-saving devices
2. Redundancy
3. Retrenchment
4. Closure or cessation of business operation
Q: INSTALLATION OF LABOR-SAVING DEVICE/ WHAT DOES IT MEAN?
A: It means that by reason of the installation of such machinery or device, the need for employees is reduced or extinguished.
Q: WHAT IS REQUIRED SO THAT AUTHORIZED CAUSES BE A VALID GROUND?
A: 2 REQUIREMENTS:
1. That the ground must be true and exist.
2. Reasonable criteria on what and who to dismiss.
Q: WHY MAY EMPLOYER TERMINATE AN EMPLOYEE?
A: Because it is his business. It is his decision to start a business, thus it is his prerogative to dismiss the employees. But since employment is the
lifeblood of the employees, the State has to regulate the causes for dismissing an employee.
Q: WHAT ARE THESE REASONABLE CRITERIA?
A: For instance, senority in terms of service: the longest should be the last one [FIRST in LAST out] (only when applicable)
Q: WHAT IS THE DIFFERENCE BETWEEN INSTALLATION OF LABOR SAVING DEVICE AND REDUNDANCY?
A: Example of redundancy: streamlining of operations (when reviewing the organization, the management determines that there is redundant positions)
Phasing out of a line is not redundancy but PARTIAL CLOSURE, although it may result to redundancy
Q: ANOTHER AUTHORIZED CAUSE?
A: Retrenchment: for ACTUAL loss incurred or for PROJECTED loss.

A: Closure of business operation.
Q: CAN CLOSURE BE AUTHORIZED EVEN IF NOT DUE TO LOSSES?
A: Yes, there can be a closure even without reason, in the same manner that he can open without any reason.
A: Disease.
Q: WHO SHALL DETERMINE?
A: Public Health Authority: usually the City Health Officer or Municipal Health Officer. Thus there must be a certification from the CHO or MHO that the
disease is of such nature that continued employment is detrimental to his health and to his co-employees; and that the disease is not curable within 6
months.
Q: CONSEQUENCES OF TERMINATION FOR AUTHORIZED CAUSES?
A: Separation pay.
For labor saving device and redundancy
: if not served 1 year, entitled to 1 month pay
For retrenchment to prevent losses and closure
: if not served 1 year, entitled to month pay (?)
Q: IF CLOSURE DUE TO SERIOUS LOSSES, IS THERE SEPARATION PAY?
A: No, as a matter of right. But the Court also looks into the capacity of the company to pay.
Q: WHAT ARE THE 2 TYPES OF RETRENCHMENT?
A:
1. Retrenchment to prevent losses
2. Retrenchment due to actual losses
Thus, you can retrench even without losses but the ground should be to PREVENT losses.
Q: WHAT WILL YOU SHOW TO PROVE RETRENCHMENT?
A: For retrenchment to prevent losses, an audited FS must be shown showing the trend (3 years or best if 5 years). But in retrenchment due to actual
losses, the audited FS may be for 1 year only.
Q: WHAT WILL YOU SHOW TO PROVE REDUNDANCY?
A: That certain positions are no longer necessary for streamlining operations.
Q: WHAT WILL YOU SHOW TO PROVE INSTALLATION OF LABOR SAVING DEVICE?
A: Show the labor saving device installed.
Q: WHAT WILL YOU SHOW TO PROVE CLOSURE?
A: Need not show anything. It is a prerogative of the employer. If in case of serious business losses, may show FS to avoid payment of separation pay.
Q: WHAT IS THE GROUND ON TERMINATION OF EMPLOYEE?
A: Resignation employees termination of employment for whatever reason.
Q: WHAT IS THE SOLE REQUIREMENT OF RESIGNATION?
A: Voluntary.
Q: WHAT ARE THE OTHER GROUNDS FOR TERMINATION BY EMPLOYEE?
A: Inhuman treatment.
Q: WHAT IS THE CONSEQUENCE OF ILLEGAL TERMINATION OF EMPLOYEE? WHEN IS IT ILLEGAL?
A: Only when the employee does not give notice to the employer.
Q: IS NOTICE BY EMPLOYEE TO EMPLOYER REQUIRED IN ALL CASES?
A: No, in case of inhuman treatment for instance.
Q: WHAT IS THE PERIOD OF SUCH NOTICE?
A: 30 days in advance.
Q: WHAT HAPPENS IF THE EMPLOYEE LEAVES BEFORE THE END OF 30 DAYS?
A: Employee may be held liable for damages for whatever the latter might have suffered for finding a replacement. But the employer cannot prohibit him
from leaving, otherwise it will constitute an involuntary servitude.
Q: WHAT ARE THE GROUNDS FOR JUST CAUSES?
A: 7.
1. Serious misconduct
2. Willful disobedience
3. Gross neglect of duty
4. Habitual neglect of duty
5. Fraud or willful breach of trust
6. Commission of crime
7. Analogous cases: if cannot be categorized in any of the above
Tests of these grounds are:
1. Reasonableness
2. Commensurateness
Q: WHEN DOES AN EMPLOYEE HAVE THE BURDEN OF PROVING JUST CAUSE (SINCE THE EMPLOYER HAS THE BURDEN OF PROOF)?
A: That he was dismissed. That is the first thing to prove by the employee. After which, the employer has the burden of proving just cause of dismissal.
Q: WHAT IS GROSS MISCONDUCT?
A: Gross misconduct may either be work-connected or not connected. If not work-connected, he must be informed, that is, contained in the company
rules and regulations.
Q: TO BE CONSIDERED GROSS, WHAT IS THE REQUIREMENT?
A: No standard requirement. It depends on the circumstances. But what is controlling is that it is COMMENSURATE to the termination. Is it so serious as
to warrant dismissal. It is thus a question of fact which may be resolved by the Labor Arbiter.
Q: HOW ABOUT WILFUL DISOBEDIENCE?
A:
1. Order is reasonable and lawful
2.
3.
4.
Order is sufficiently known to the employee

Order is in connection with the function of employee
Disobedience is intentional
Q: SHOULD IT BE BOTH THAT THE EMPLOYEE IS INFORMED OF THE ORDER AND THAT DISOBEDIENCE IS WILFUL?
A: Yes. You can be informed of the order and yet not willfully disobey the order; such as when you get sick.
Q: HOW ABOUT GROSS NEGLECT OF DUTY?
A: Test is the damage resulted to employer or co-worker.
Q: HOW ABOUT HABITUAL NEGLECT OF DUTY?
A: Usually contained in the company rules and regulations. 1st offense, 2nd, etc. Again, the test is commensurality.
Q: HOW ABOUT FRAUD OR WILFUL BREACH OF TRUST? AKA: LOSS OF TRUST AND CONFIDENCE?
A: All employees are considered bearing the trust of employer. Thus, the ground is that the act committed must affect the honesty of the employee. Is
the breach so grave that it is commensurate to the dismissal? Again, the test of commensurateness. This will be answered by the circumstance of the
case.
Q: WHAT ARE THE 2 GENERAL GROUNDS THAT MAKE DISMISSAL ILLEGAL?
A:
1. When the ground is not among those provided for by law
2. When the required process for termination was not complied with
Q: WOULD THE EFFECT OF THE 2 ABOVE THE SAME?
A: No.
Q: IF NO VALID GROUND, WHAT IS THE CONSEQUENCE?
A: Entitled to REINSTATEMENT (to the same position or substantially the same position if the position is no longer present; it cannot be a lower
position). Or SEPARATION PAY if there is a strained relationship between the parties. BACKWAGES also from the time of dismissal up to the time of
finality of decision; that is, depending on the time it attained finality. Also, DAMAGES. ATTORNEYS FEES.
Q: WHEN DOES IT ATTAIN FINALITY?
A: When the period for questioning has elapsed and there is no more question on the decision.
Q: ARE DAMAGES A MATTER OF RIGHT?
A: No. Right to damages is not a matter of right. Only if it is attended by bad faith or violation of law is so gross. Nominal damages (by the mere fact that
it happens) are awarded by some court and not by some other court.
Q: IS ATTORNEYS FEES A MATTER OF RIGHT?
A: Yes, because it is provided for by law. Since here, the employee is compelled to litigate. At 10%, but it can be more or can be less.
03-14-2015
CAUSES OF ILLEGALITY:
ULP, Strike/Lockout, Termination
In procedural, the procedure is laid down by law. You cannot claim good faith in violating a procedure. But in cause, it may be that it is only
misinterpreted. There can be no good faith strike if it is because of a violation of a procedure.
DOCTRINE OF TOTALITY OF CONDUCT OF EMPLOYER is also considered in ULP.
Is the compulsory age of 65 subject to agreement by the parties? Yes. Can it be higher as agreed upon? No. It is not beneficial to employee. The law
only stipulates what is OPTIONAL retirement. It may also be legislated. Lower retirement for mining or underground workers is acceptable. Stewardees
also (at 55). Agreements that will benefit employees are always upheld.
Notice to Explain: reasonable hours. It depends on the situation. But a settled jurisprudence said 72 hours (3 days).
2 GROUNDS FOR TERMINATION:
1. Reasonableness
2. Commensurality
Is performance a ground only for termination of probationary employees? No. Also for regular, under the Just Causes. In case of analogous cases,
always look into the personal performance at work and personal performance in life of the employee. Example, is infidelity a ground for dismissal? It
depends. If such behavior has a connection on work performance.
If an employee is illegally dismissed, reinstatement. But no reinstatement say for example there is strained relationship. Strained relation is very strictly
construed because reinstatement is a guaranty, a form of security of tenure. In this case, separation pay.
Cases when reinstatement (but separation in lieu of reinstatement) is awarded in case of ILLEGAL DISMISSAL:
1. Strained relationship
2. When there is abolition/unavailability of a position or substantially the same position (e.g. phase out of a department)
Attorneys fees are for the account of the losing party and awarded to the winning party, not to the lawyer. It is pegged at 10% but it may be less or
more, but not unconscionably more.
May a lawyer demand attorneys fees higher than 10%? Yes, it depends on the agreement of the parties. But not for recovery of wages.
1.
Valid certification election: 50% + 1 of voters in the CBU
CBU: 100 voters, 100 voted

Union1: 45
Union 2: 40
No-union: 5
For CE: 50+ 1 valid votes cast
If below that, no CE, no run-off. There must be valid CE first before run-off.
To have a winner: 1 of them should get at least 26 votes. Here, since there is no run-off, if the no-union wins, it becomes unorganized establishment.
To have a run-off: (minimum)
Union 1: 13
Union 2: 13
No-union: 25 (non-union is not a winner because it is less than 26)
51
ULP on the part of unions: Can there be ULP committed by a single employee? No. It may be illegal act but not ULP. ULP is an act directed against selforganization. If a union is the one committing it, it may be against an individual employee.
What acts have been considered as ULP.
The extent of security of tenure is determined by employment status. The criteria/standards must be communicated to the employee at the start of the
employment.
Casual employees may be terminated when the employer sees that the work is no longer needed. Casual employees become regular employee after 1
year as long as the job still exists. But termination on the ground that the work is no longer necessary is negated if the employer rehires another one. But
there is no hard and fast rule as to when should be the gap when the employer may not need the work and then need the work again.
CONTRACTUALIZATION:
SM Case: the employees therein must be deemed regular employees on their 7th month, but the sad thing is, no one dared to file a case. It is not
covered by the visitorial power of DOLE because visitorial power is only on cases affecting labor standards.
But in one case, the Court upheld such an instance because of the principle of equal footing on the part of employer and employee.

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11-11-2014

Q: WHAT HAVE YOU LEARNED IN LABOR STANDARDS LAW?

Q: IS EMPLOYER-EMPLOYEE RELATIONSHIP FACTUAL OR STATUTORY?

Q: WHAT IS THE QUESTION IN A REPRESENTATION DISPUTE?

Q: UNFAIR LABOR PRACTICE?

Q: WHY DO WE HAVE TO BEGIN WITH THE NLRC?

Mode of settling dispute: 2 main modes:

When we speak of labor in labor relations, we speak of an organization.

Q: WHEN IS THERE ASSUMPTION OF JURISDICTION?

To promote Free trade unionism

To ensure Stable but dynamic and just industrial peace.

2. Q: WHAT IS THE DIFFERENCE BETWEEN LABOR STANDARDS AND LABOR RELATIONS?

; issue is about the terms and conditions of employment

5. Q: THE DISPUTANTS MUST BE EMPLOYER/EMPLOYEE OF EACH OTHER.

Audit of union funds

Q: WHAT SHOULD BE YOUR QUESTION WITH REGARD TO SPECIAL ASSESSMENT?

Petition for Registration

Q: WHAT ARE THE 3 RIGHTS OF A LEGITIMATE LABOR ORGANIZATION?

100 employees, 51 valid votes casted

7Q: VIOLATION OF CBA IS PUNISHABLE AS ULP.

The determining adjective is TEMPORARY.

TEMPORARY stoppage of work on the part of employee.

Q: WHAT IS THE RIGHT THAT WE WILL BE TALKING IN BOOK VI?

Q: WHY REQUIRE HEARING IN JUST CAUSES?

Q: WHO IS A REGULAR EMPLOYEE?

Q: ANOTHER AUTHORIZED CAUSE?

Order is sufficiently known to the employee

Valid certification election: 50% + 1 of voters in the CBU

CBU: 100 voters, 100 voted

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