LABOR RELATIONS marshal the mind and manpower of national unions or federations in
the course of group actions such as strikes.
I. COLLECTIVE BARGAINING (Arts. 227-277)
---------------------------------------------------
LEGITIMATE LABOR ORGANIZATIONS
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1. WHAT ARE THE 2 WAYS OF BECOMING A LEGITIMATE
LABOR ORG. (LLO)?
a. Registration with the BLR (INDEPENDENT UNION)
b. Chartering or issuance of a federation or national union of a
charter certificate (LOCAL CHAPTER)
2. A) HOW CAN A NON-REGISTERED UNION APPLY FOR AN
AFFILIATION TO BECOME A L.L.O.? OR ACQUIRE
LEGITIMACY?
By application of the union with the federation for the issuance of a
charter certificate to be submitted to the Bureau accompanied by the
following:
a) Copies of its constitution and by-laws;
b) Statement of the set of officers and books of accounts, all
of which must be certified by the Secretary/Treasurer and attested to
by the President. In such case, the union becomes a local chapter of
the federation.
NOTE: The issuance of charter certificate confer legal personality
only for purposes of filing a petition for certification election.
3. CERTIFICATION ELECTION the process of determining by
secret ballot the sole and exclusive bargaining agent of the employees
in an appropriate bargaining unit, for purposes of collective
bargaining (employees in the 3 payroll period prior to the certification
election may vote) [Art.256]
4. FORMALITIES REQUIRED IN CREATING LOCAL
CHAPTER BEFORE SUBMISSION OF DOCUMENTS?
A duly registered federation or national union may directly create a
local chapter by ISSUING A CHARTER CERTIFICATE indicating
the establishment of the local chapter. This supporting requirement
shall be certified under oath by the Secretary or the Treasurer of the
local/chapter and attested by its President (as Amended by DO 40-B-
03).
The chapter shall acquire legal personality ONLY for purposes of
filing a PCE from the date it was issued a charter certificate. The
chapter shall be entitled to all other rights and privileges of a LLO
ONLY UPON THE SUBMISSION OF DOCUMENTS in addition to
its charter certificate.
5. A) LEGAL EFFECTS OF AFFILIATION OF AN
UNREGISTERED UNION.
Affiliation of a local chapter is generally understood to be that of
agency, where the local union is the principal and the federation is the
agent.
B) LEGAL EFFECTS OF AFFILIATION OF AN
INDEPENDENTLY REGISTERED UNION.
Affiliation would allow an independent union to secure support or
assistance during the formative stage of unionization from the
national union or federation. It would also allow to utilize the
expertise in preparing and pursuing bargaining proposals, and
Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman
NOTE: For both affiliating unions, the legal effect is that it becomes
subject to the laws of the federation, with respect to the enforcement
of constitution, by-laws and rules. It creates and between the parent
body (federation) and the subordinate union (affiliation/local union)
and between the members of the subordinate union inter se.
6. THE EFFECT OF DISAFFILIATION TO (A) AND (B)?
The effect of disaffiliation to the union by an unregistered union is
that it would cease to be a legitimate labor organization and would no
longer have legal personality and the rights and privileges granted by
law to legitimate organization, unless the local chapter is covered by
a duly registered CBA. In the latter case, the local or chapter will not
lose its legal personality until the expiration of the CBA. After the
CBA expires it will lose its legal personality unless it registers as an
independent union.
The effect of disaffiliation by an independently registered union is
that it WOULD NOT AFFECT ITS BEING A LEGITIMATE
LABOR ORGANIZATION and therefore it would continue to have
legal personality and to possess all the rights and privileges of a LLO.
7. MANNER ON DISAFFILIATING BY A LOCAL UNION FROM
A FEDERATION? PERIOD?
When affiliated, a local union may disaffiliate from the federation.
The general rule is that a labor union may disaffiliate from the mother
union to form an independent union only during the 60-day freedom
period immediately preceding the expiration of the CBA.
[LIMITATION: Disaffiliation should be in accordance with the rules
and procedures stated in the Constitution and By-Laws of the
Federation].
The exception is when there is disaffiliation by majority. Even before
the onset of the freedom period, disaffiliation may still be carried out,
but such disaffiliation must be effected by a majority of the union
members in the bargaining unit (through secret ballot). This happens
when there is a substantial shift in allegiance on the part of the
majority of the members of the union. In such a case, however, the
CBA continues to bind the members of the new or disaffiliated and
independent union up to the CBAs expiration date. A consent
election to determine the union which shall administer the CBA may
be conducted.
8. A) RIGHTS OF LLO? (USERFOE)
a. Undertake activities for benefit of members;
b. Sue and be sued;
c. Exclusive representative of all employees;
d. Represent union members;
e. Furnished by employers of audited financial statements;
f. Own properties; and
g. Exempted from taxes.
B) CONDITIONS REQUIRED BEFORE A RIGHT TO
AUDITED FINANCIAL STATEMENTS BE GRANTED.
To better equip the union in preparing for or in negotiating with the
employer, the law gives it the right to be furnished with the
employers audited financial statements. There are 4 points in time
when the union may ask in writing for these statements:
a. after the union has been recognized by the employer as sole
bargaining representative of the employees in the bargaining unit;
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 b. after the union is certified by DOLE as such sole bargaining
representative;
c. within the last 60 days of the life of a CBA;
d. during the collective bargaining negotiation.
The audited statements, including the balance sheet and the profit and
loss statement, should be provided by the employer within 30
calendar days after receipt of the unions request.
9. GROUNDS FOR CANCELLATION OF UNION
REGISTRATION.
a. Misrepresentation, false statement or fraud in connection with the
adoption or ratification of the constitution and by laws;
b. Amendments thereto, the minutes of ratification, and the list of
members who took part in the ratification;
c. Misrepresentation, false statements or fraud in connection with
the election of officers, minutes of the election of officers, and the
list of voters; and
d. Voluntary dissolution by the members. (Art.239 LC As Amended
by RA 9481)
NOTE: Failure to submit reportorial requirements is no longer a
ground for cancellation but shall subject the erring officers or
members to suspension, expulsion from membership, or any
appropriate penalty. (Art.242-A Inserted by RA 9481)
10. WHO CAN FILE PETITION FOR CANCELLATION OF
UNION REGISTRATION?
If it is for a legitimate individual labor union, chartered local, or a
workers association, the petition may be filed by any party-in-
interest, if the ground is: a) Failure to comply with any of the
requirements under Art.234, 237 and 238 LC; and b) Violation of any
provision under Art.239 LC.
If it is for federations, national or industry unions, or trade union
centers, the petition may be filed only by the members of the labor
organization concerned if grounds are actions involving violations of
Art.241, subject to the 30% rule.
11. ARE PETITIONS FOR CANCELLATION APPEALABLE?
YES. Cancellation orders issued by the Regional Director (for
legitimate independent labor union/chartered local and workers
association), are appealable to the Bureau of Labor Relations (BLR).
The BLRs decision is final and executor, hence, not appealable to the
DOLE Secretary, but it may be elevated to the CA by certiorari.
Cancellation cases that originated at the BLR itself may be appealed
to the DOLE Secretary, and again, by certiorari to the CA.
12. WHAT IS THE EFFECT OF CANCELLATION
PROCEEDINGS?
Where a labor union is a party in a proceeding and later it loses its
registration permit in the course or during the pendency of the case,
such union may continue as a party without need of substitution
of parties, subject however to the understanding that whatever
decision may be rendered therein will be binding only upon those
members of the union who have not signified their desire to withdraw
from the case before its trial and decision on the merits.
NOTE: Only a final order of cancellation can strip a LLO of its
rights.
Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman
(Principle of Agency applied the employees are the principals and
the labor organization is merely an agent of the former, consequently,
the cancellation of the unions registration would not deprive the
consenting member-employees of their right to continue the case as
they are considered as the principals.)
13. CAN THE L.O. CANCEL ITS REGISTRATION?
PROCEDURE?
YES. The registration of a LLO may be cancelled by the organization
itself PROVIDED: a) At least 2/3 of its general membership votes, in
a meeting duly called for that purpose to dissolve the organization;
and b) An application to cancel registration is submitted by the board
of the organization, attested to by the president thereof. (Art.239-A
LC. New Provision inserted by RA 9481).
14. RIGHTS AND CONDITIONS OF MEMBERSHIP (DIMP)
A. Deliberative and Decision-Making Right -
The right to participate in deliberations on the major policy questions
and decide by secret ballot;
B. Right to Information the right to be informed about: a) the
organizations constitution and by laws; and b) the CBA and Labor
laws;
C. Right Over Money Matters the rights of the members: a) Against
imposition of excessive fees; b) Right against unauthorized collection
of contributions or unauthorized disbursements; c) To require
adequate records of income and expenses; d) To access financial
records; e) To vote on officers compensation; f) To vote on special
assessment; g) To be deducted a special assessment only with the
members written authorization;
D. Political Right the right to vote and be voted for, subject to
lawful provisions on qualifications and disqualifications.
NOTE: Any violation of the above rights and conditions of
membership shall be a ground for cancellation of union registration
or expulsion of an officer from office, whichever is appropriate. At
least 30% of all the members of the union or any member or members
specifically concerned may report such violation to the Bureau.
15. QUALIFICATIONS OF UNION OFFICERS (3)
One should be employed in the company to qualify as officer of a
union in that company. The union officer must not possess any
disqualification such as moral turpitude defined as an act of
baseness, vileness, or depravity in the private and social duties which
a man owes his fellow men, or to society in general, contrary to the
accepted and customary rule of right and duty between man and man
or conduct contrary to justice, honesty, modesty or good morals.
16. QUALIFICATIONS OF VOTERS
Only members of the union have the eligibility to take part in the
election of union officers. Eligibility to vote may be determined
through the use of the applicable payroll period and the status of the
employees during the applicable period. This pertains to the payroll
of the month next preceding the labor dispute, in case of regular
employees, and the payroll period at or near the peak of operation, in
case of employees in seasonal industries.
LIMITATIONS (RI-SU-RE):
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 a. The labor organization cannot compel employees to become
members of their labor organization if they are already members
of a RIVAL UNION;
b. The persons mentioned in Art. 241 (e) LC SUBVERSIVES
are prohibited from becoming a member of a labor organization;
c. The members of RELIGIOUS ORG whose religion forbids
membership in labor organization could not be compelled into
union membership.
17. ARE UNION OFFICERS ENTITLED TO COMPENSATION?
Union officers shall not be paid any compensation other than the
salaries and expenses due to their positions as specifically provided
for in its constitution and by-laws, or in a written resolution duly
authorized by a majority of all the members at a general membership
meeting duly called for the purpose. (Art. 241 [k])
18. GROUNDS FOR EXPULSION / IMPEACHMENT OF UNION
OFFICERS (4)
Union officers may be expelled from the union or removed from
office on the following grounds:
a. violation of the rights and conditions of membership in
labor organization under Art. 241
b. commission of irregularities in the approval of the
resolution regarding compensation of union officers
c. membership in another labor organization
d. culpable violation of the constitution and by-laws
NOTE: The power to expel or remove union officers from office is
within the jurisdiction of BLR.
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CHECK-OFF & SPECIAL ASSESSMENT / ULP
---------------------------------------------------------
1. REQUISITES OF VALID LEVY OF SPECIAL ASSESSMENT
(RAMM)
a. There must be a written Resolution;
b. The resolution must have been Approved by a majority of all the
members; and
c. The approval must be at a general Membership meeting duly
called for that purpose;
d. The Secretary of the organization shall record the minutes of the
meeting, which shall be attested to by the President. The Minutes
include: d1) The list of all members present; d2) The votes cast;
and d3) The purpose of the assessment or fees.
NOTE: Substantial compliance with the aforementioned procedure is
not enough the requirements must be strictly complied with.
2. WHAT IS A CHECK-OFF?
A check-off is a method of deducting from an employees pay at
prescribed period, the amounts due to the union for fees, fines or
assessments.
3. WHAT ARE THE REQUISITES OF A VALID CHECK-OFF?
No special assessment, attorneys fees, registration fees or any other
extraordinary fees may be checked off from any amount due an
employee without an individual written authorization duly signed by
the employee. The authorization should specifically state the (APB):
a) Amount; b) Purpose; and c) Beneficiary of the deduction.
Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman
4. ARE THE REQUISITES FOR CHECK-OFF REQUIRED FOR
ALL ACTIVITIES? MANDATORY ACTIVITIES?
NO. The requisites for check-off are not required for all activities.
The exception to the rule requiring the requisites for check off are:
a. For MANDATORY ACTIVITIES provided under the LC
b. When NON-MEMBERS OF THE UNION AVAIL OF THE
BENEFITS OF THE CBA: b1) Said non-members may be
assessed union dues equivalent to that paid by members; and
b2) Only by a board resolution approved by majority of the
members in a general meeting called for the purpose.
NOTE: No individual written authorization required for non-
union members assessed of agency fees, who has benefited
from the CBA.
5. CAN AN EMPLOYEE WITHDRAW HIS CHECK OFF
AUTHORIZATION? HOW?
YES. A withdrawal of individual authorizations is equivalent to no
authorization at all. Documents containing the withdrawals have the
signature of union members. These retractions are valid. There is
nothing in the law which requires that the withdrawals must be in
individual form.
6. WHO CAN FILE FOR THE VIOLATION OF ART.241?
At least 30% of all the members of the union or any member or
members specifically concerned may report such violation to the
Bureau.
7. IS THE 30% RULE REQUIRED FOR FILING A VIOLATION
OF ART.241 MANDATORY?
Gen. Rule: YES.
Exception: May be less than 30% provided there is substantial
compliance.
- The 30% may be dispensed when such violation directly affects
only one or two members, then only one or tow members would be
enough to report such violation.
8. A) WHAT IS AN UNFAIR LABOR PRACTICE (ULP)?
A1. Any unfair labor practice as expressly defined by the Code;
A2. Any act intended or directed to weaken or defeat the workers
right to self-organize or to engage in lawful concerted activities.
B) ESSENTIAL ELEMENTS?
B1. Employer-Employee relationship between the offender and the
offended; and
B2. Act done is expressly defined in the code as an act of unfair labor
practice (Art.248, 249)
NOTES:
- The Essential Element is the violation of the right of
employees to self-organization.
- Except for Art.248 (f) Dismissing Employee for Giving
Testimony all prohibited acts are related to the workers
self-organizational right and the observance of the CBA.
9. CAN ULP BE COMMITTED AGAINST MANAGERIAL
EMPLOYEES?
Generally NO. Managerial employees are the alter ego of the
employers and thus they are supposed to be on the side of the
Page 3
 employer to act as its representatives, and to see to it that its interests
are well protected.
10. HOW DO WE DETERMINE IF AN EMPLOYER
COMMITTED A ULP?
Totality of Conduct Doctrine The culpability of employers
remarks is to be evaluated not only on the basis of their implications,
but against the background of and in conjunction with collateral
circumstances.
Check also the MOTIVE.
11. THE SPECIFIC ACTS OF ULP OF EMPLOYERS?
(ICC-FDD-PVV)
a. To interfere with, restrain or coerce employees in the exercise of
their right to self-organization;
b. To require as a condition for employment that a person or an
employee shall not join a labor organization or shall withdraw
from one to which he belongs;
c. To contract out services or functions being performed by union
members when such will interfere with, restrain or coerce
employees in the exercise of their right to self-organization;
d. To initiate, dominate, assist or otherwise interfere with the
formation or administration of any labor organization, including
the giving of financial or other support to it or its organizers or
officers.
e. To discriminate in regard to wages, hours of work, and other
terms and conditions of employment in order to encourage or
discourage membership in any labor organization;
f. To dismiss, discharge or otherwise prejudice or discriminate
against an employee for having given or being about to give
testimony under this Code;
g. To violate the duty to bargain collectively as prescribed by this
Code;
h. To pay negotiation or attorneys fees to the union or its officers or
agents as part of the settlement of any issue in collective
bargaining or any other disputes;
i. To grossly violate the CBA. The violation must be gross or a
flagrant and/or malicious refusal to comply with the economic
provisions of the CBA.
12. A) WHAT IS THE TEST OF INTERFERENCE?
B) EXAMPLE.
A) Whether the employer has engaged in conduct which, it may
reasonably be said, tends to interfere with the free exercise of the
employees right and it is not necessary that there be direct evidence
that any employee was in fact intimidated or coerced by the
statements of threats or the employer if there is a reasonable
interference that the anti-union conduct of the employer does have an
adverse effect of self-organization and collective bargaining. (The
Insular Life NATU vs. The Insular Life)
B) EXAMPLES:
B1. Outright and unconcealed intimidation
B2. In order that interrogation would not be deemed coercive:
a) The employer must communicate to the employee the purpose
of questioning;
b) Assure him that no reprisal would take place; and
c) Obtain employee participation voluntarily.
B3. Must be free from employer hostility to union organization
B4. Must not be coercive in nature
B5. Intimidating expressions of opinion by employer
Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman
An employer who interfered with the right to self-organization before
a union is registered can be held guilty of ULP (Samahan ng
Manggagawa sa Bandolino vs. NLRC)
13. WHAT IS THE TOTALITY DOCTRINE?
Totality of Conduct Doctrine The culpability of employers
remarks is to be evaluated not only on the basis of their implications,
but against the background of and in conjunction with collateral
circumstances.
14. WHAT IS A YELLOW DOG CONTRACT?
A yellow dog contract is a promise exacted from workers as a
condition of employment that they are not to belong to, or attempts to
foster, a union during their period of employment. It is null and void
because it is contrary to public policy coz tantamount to involuntary
servitude, it is entered without consideration for employees in
waiving their right to self-organization, and the employees are
coerced to sign contracts disadvantageous to their family.
15. WHEN DOES CONTRACTING OUT SERVICES BECOME
ULP?
Contracting out services is not ULP per se. It is ULP only when the
following conditions exist:
a) The service contracted out are being performed by union
members; and
b) Such contracting out interferes with, restrains, or coerce
employees in the exercise of their right to self-organization.
-----------------------------------
UNFAIR LABOR PRACTICE
-----------------------------------
1. A) CAN AN ULP BE COMMITTED AGAINST SUPERVISORY
EMPLOYEES?
It depends.
GENERAL RULE: Supervisory employees can form labor
organization. Hence, LO = ULP.
EXCEPTION: If the supervisory employee exercise functions that
of the same as managerial employee (test of supervisory status), they
are disqualified from forming or joining labor organizations. Hence,
no LO = no ULP.
NOTE: Test of supervisory status supervisory status should be
determined on whether the recommendatory power of the employee
is effective and not merely routinary or clerical in nature, but requires
the use of independent judgment.
B) CONFIDENTIAL EMPLOYEES?
It depends.
If the confidential employees have access to labor relations
information they are disqualified from forming or joining labor
organizations, therefore no LO = no ULP. (Doctrine of necessary
implication)
2. HOW DOES INTERFERENCE MANIFESTED?
(See No. 12A, page 5)
3. YELLOW DOG ONTRACT?
(See No.14, page 5)
Page 4

4. HOW DOES CONTRACTING OUT SERVICES
MANIFESTED?
(See No.15, page 5)
5. REMEDY IF THE UNION IS DOMINATED BY EMPLOYER?
DISESTABLISHMENT
6. A) HOW DOES DISCRIMINATION MANIFESTED?
To discriminate in regard to wages, hours of work, and other terms
and conditions of employment in order to encourage or discourage
membership in any labor organization.
B) WHEN CAN WE SAY THERE IS DISCRIMINATION?
Whenever benefits or privileges given to one is not given to the other
under similar or identical conditions when directed to encourage or
discourage union membership.
3 COMPONENTS OF DISCRIMINATION:
B1. It prohibits discrimination in terms and conditions of
employment in order to encourage or discourage membership in the
union;
B2. It gives validity to union security agreements; and
B3. It allows an agency shop arrangement whereby agency fees may
be collected from non-union members.
7. UNION SECURITY AGREEMENTS?
They are stipulations in the CBA requiring membership in the
contracting union as a condition for employment or retention of
employment in the company.
8. TYPES OF UNION SECURITY AGREEMENTS
(CUMM-PA-BE)
a. CLOSED-SHOP AGREEMENT The employer undertakes not
to employ any individual who is not a member of the contracting
union and the said individual once employed must, for the duration of
the agreement, remain a member of the union in good standing as a
condition for continued employment;
b. UNION SHOP AGREEMENT Stipulation whereby any person
can be employed by the employer but once employed such employee
must, within a specific period, become a member of the contracting
union and remain as such in good standing for continued employment
for the duration of the CBA;
c. MAINTENANCE OF MEMBERSHIP SHOP AGREEMENT
The agreement does not require non members to join the contracting
union but provides that those who are members thereof at the time of
the execution of the CBA and those who may thereafter become
members must maintain their membership for the duration of the
agreement;
d. MODIFIED UNION SHOP Employees who are not union
members at the time of signing the contract need not join the union,
but all the workers hired thereafter must join;
e. PREFERENTIAL SHOP AGREEMENT An agreement
whereby the employer merely agrees to give preference to the
members of the bargaining union in hiring, promotion or filling
vacancies and retention in case of lay-off;
Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman
f. AGENCY SHOP AGREEMENT An agreement whereby
employees must either join the union or pay to the union as the
exclusive bargaining agent a sum equal to that paid by the members;
g. BARGAINING FOR MEMBERS ONLY The union is
recognized as the bargaining agent only for its own members;
h. EXCLUSIVE BARGAINING SHOP The union is recognized
as the exclusive bargaining agent for all employees in the bargaining
unit, whether union members or not.
9. WHEN DOES GIVING A TESTIMONY BECOME A ULP?
It is the employers retaliatory act regardless of the subject of
employees complaint or testimony. In effect, if a retaliatory act is
done under Art.118, the consequence is ULP under Art. 248(f).
10. HOW DOES THE DUTY TO BARGAIN COLLECTIVELY
MANIFESTED? (Art.252 & 253)
Where NO CBA Exists (Art.252)
The duty to bargain collectively means the performance of mutual
obligation:
a. TO MEET AND CONVENE promptly and expeditiously in
good faith for the purpose of negotiating an agreement with
respect to wages, hours of work and all other terms and
conditions of employment including proposals for adjusting
any grievances or questions arising under such agreement;
and
b. TO EXECUTE A CONTRACT incorporating such
agreements if requested by either party.
LIMITATIONS:
a. The duty to bargain collectively does not compel any party
to: 1) agree to a proposal; 2) make a concession; or 3) make
room for take it or leave it posture.
b. The parties cannot stipulate terms and conditions of
employment which are below the minimum requirements
prescribed by law.
Where CBA Exists (Art.253)
When there is an existing CBA, the duty to bargain collectively shall
also mean that neither party shall terminate nor modify such
agreement during its lifetime. It is the duty of both parties to:
a. Keep the status quo; and
b. To continue in the full force and effect the terms and
conditions of the existing CBA.
EXCEPTION:
During the 60-day period prior to its expiration, upon
service of a written notice of a partys intention to terminate or
modify the same, a party may choose to terminate or modify the non-
representational aspect of the CBA only after the expiration of CBA
of fixed duration.
11. HOW THE VIOLATION OF CBA BE CONSIDERED AN ULP?
Violations of a CBA shall no longer be treated as ULP and shall be
resolved as grievances under the CBA, except if the violations of the
CBA are gross in character. For purposes of this article, gross
violations of the CBA shall mean flagrant and/or malicious refusal to
comply with the economic provisions of such agreement. (Art.261)
12. CAN A LABOR ORG COMMIT ULP?
YES. (Art.249) [R-Cd-V / Cp-A-V]
Page 5
 a. To restrain or coerce employees in the exercise of their
right to self-organization. However, a labor organization
shall have the right to prescribe its own rules with respect
to the acquisition or retention of membership;
b. To cause or attempt to cause an employer to discriminate
against an employee, including discrimination against an
employee with respect to whom membership in such
organization has been denied or to terminate an employee
on any ground other than the usual terms and conditions
under which membership or continuation of membership is
made available to other members;
c. To violate the duty or refuse to bargain collectively with the
employer provided that it is the representative of the
employees;
d. To cause or attempt to cause an employer to pay or deliver
or agree to pay or deliver any money or other things of
value, in the nature of an exaction, for services which are
not performed or not to be performed, including the
demand for a fee for union negotiations;
e. To ask for or accept negotiation or Attorneys fees from
employers as part of the settlement of any issue in
collective bargaining or any other dispute;
f. To grossly violate a collective bargaining agreement.
13. WHAT IS FEATHERBEDDING?
Featherbedding (make-work activities) refers to the practice of the
union or its agents in causing or attempting to cause an employer to
pay or deliver or agree to pay or deliver money or other things of
value, in the nature of exaction, for services which are not performed
or not to be performed, as when a union demands that the employer
maintain personnel in excess of the latters requirements.
NOTE: It is not featherbedding if the work is performed no matter
how unnecessary or useless it may be.
14. HOW DOES A UNION VIOLATE THE DUTY TO BARGAIN
COLLECTIVELY BE CONSIDERED AN ULP?
FOUR (4) FORMS OF ULP IN BARGAINING
a. Failure or refusal to meet and convene;
b. Evading the mandatory subjects of bargaining. (Mandatory
Subjects includes wages, hours or work, grievance
machinery, voluntary arbitration, family planning, rates of
pay, and mutual observance clause);
c. Bad faith in bargaining (boulwarism, which occurs when
the employer directly bargains with the employee
disregarding the union. The employer submits its proposals
and adopts a take it or leave it stand. This is not
negotiation because such stand implies threat). Bad faith
bargaining also includes failure or refusal to execute the
CBA if requested; and
d. Gross violation of the CBA. [NOTE: Violations of the
CBA, except those which are GROSS in character, shall no
longer be treated as an ULP but as a grievance under the
CBA (Art.261).]
15. WHO ARE CRIMINALLY LIABLE FOR ULP?
ULP OF EMPLOYERS (Art.248) Only the officers and agents of
corporations, associations or partnerships who have actually
participated in, authorized or ratified ULP shall be held criminally
liable.
ULP OF LABOR ORGANIZATIONS (Art.249) The officers, members
of governing boards, representatives or agents or members of labor
Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman
associations or organizations who have actually participated in,
authorized or ratified ULP shall be held criminally liable. (Art.249)
------------------------------------------------
COLLECTIVE BARGAINING PROCESS
------------------------------------------------
1. JURISDICTIONAL PRECONDITIONS OF CBA (EPPD)
a. Employer-employee relationship;
b. Possession of the status of majority representation by the
employees representative in accordance with any of the
means of selection or designation provided for by the Labor
Code;
c. Proof of majority representation (Certification of the BLR
that the representative of the employees is the sole and
exclusive bargaining agent having won in a certification
election); and
d. Demand to bargain under Art. 250(a) of the Labor Code.
2. FUNDAMENTAL FACTORS IN FIXING AN APPROPRIATE
BARGAINING UNIT (4)
1. Globe Doctrine the express will or desire of the
employees;
2. Community of Interest Doctrine or the Substantial Mutual
Interest Rule the substantial and mutuality interests factor.
[NOTE: Things To Consider in Determining Community of
Interest: (a) Similarity in scale/manner of determining
earnings; b) Similarity in employment benefits, hours of
work and other terms & conditions of employment; (c)
Similarity in kinds of work performed; (d) Similarity in
qualifications, skills and training of the employees; (e)
Similarity in supervision and determination of labor
relations policy; (f) Frequency of contract or interchange
among the employees; (g) History of previous collective
bargaining; (h) Desires of the affected employees; and (i)
Extent of union organization.
3. History or the prior CBA history;
4. Employment status such as: (a) Temporary, (b) Seasonal,
(c) Probationary Employee
3. A) ONE COMPANY ONE UNION POLICY
The proliferation of unions in an employer unit is discouraged as a
matter of policy unless there are compelling reasons which would
deny a certain class of employees the right to self-organization for
purposes of collective bargaining.
B) EXCEPTIONS (3)
a) Supervisory employees who are allowed to form their own
unions apart from the rank-and-file employees;
b) Two companies cannot be treated into a single bargaining
unit even if their businesses are related;
c) Subsidiaries or corporations formed out of former divisions
of a mother company following a reorganization may
constitute a separate bargaining unit.
4. A) VOLUNTARY RECOGNITION
Voluntary Recognition is the process whereby the employer
recognizes a labor organization as the exclusive bargaining
representative of the employees in the appropriate bargaining unit
after a showing that the labor organization is supported by at least a
majority of the employees in the bargaining unit.
Page 6

B) REQUIREMENTS (U1M)
B1. Voluntary recognition is possible only in an UNORGANIZED
establishment;
B2. Only ONE (1) UNION is asking for recognition;
B3. The union voluntarily recognized should be the MAJORITY
union as indicated by the fact that members of the bargaining unit did
not object to the projected recognition.
C) LEGAL EFFECTS OF VOLUNTARY RECOGNITION
Through voluntary recognition by the employer, the labor
organization is recognized by the employer as the exclusive
bargaining agent which may collectively bargain with such employer.
5. CERTIFICATION ELECTION
Certification Election is the process of determining by secret ballot
the sole and exclusive bargaining agent of the employees in an
appropriate bargaining unit, for purposes of collective bargaining
(employees in the 3 payroll period prior to the certification election
may vote). The election is conducted under the supervision and
control of DOLE officials. It ends up with a formal and official
statement of results, certifying which union won, if any. Hence, the
election is appropriately called certification election.
Certification election can be filed anytime if there is no CBA or is not
registered. It can be filed during the freedom period if there is an
incumbent CBA.
6. CONTRACT BAR RULE
While a valid and registered CBA is subsisting for a FIXED PERIOD
OF 5 YRS, the Bureau is not allowed to hold an election contesting
the majority status of the incumbent union EXCEPT during the sixty
(60) day-period immediately prior to its expiration, which period is
called the FREEDOM PERIOD. (Art.231)
7. WHO CAN FILE A PETITION FOR CERTIFICATION
ELECTION (PCE)?
a. Legitimate Labor Organization (LLO) including a national
union or federation which has already issued a charter
certificate to its local chapter participating in the
certification election
b. Local chapter which has been issued a charter certificate by
the national union or federation
c. The employer - when requested by the employees may
file a PCE in an unorganized establishment.
NOTE: DURING THE PENDENCY FOR REGISTRATION, THE
L.O. CAN ALREADY FILE A PCE. ALSO UPON THE ISSUANCE
OF CHARTER CERTIFICATE TO A LOCAL CHAPTER.
8. REQUISITES IN AN ORGANIZED ESTABLISHMENT
(Art.256)
In organized establishments, when a verified petition questioning the
majority status of the incumbent bargaining agent is filed by any LLO
including a national union or federation which has already issued a
charter certificate to its local chapter participating in the CE or a local
chapter which has been issued a charter certificate by the national
union or federation before the DOLE within the 60-day period before
the expiration of the CBA, the Med-Arbiter shall automatically order
an election by secret ballot when the verified petition is supported by
the written consent of at least 25% of all the employees in the
Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman
bargaining unit to ascertain the will of the employees in the
appropriate bargaining unit. To have a valid election, at least a
majority of all eligible voters in the unit must have cast their votes.
The labor union receiving the majority of the valid votes cast shall be
certified as the exclusive bargaining agent of all the workers in the
unit.
9. RULES IN THE 25% CONSENT REQUIREMENT
INCLUDING WITHDRAWAL OF CONSENT
In deciding whether the 25% requirement is applicable or not, the law
considers the CBU involved, not the whole enterprise. This, again,
makes it easy for workers to unionize, a basic objective of labor
relations law.
In an organized establishment, the PCE must be supported by the
written consent of at least 25% of all the employees in the appropriate
bargaining unit (Art.256). The 25% initial support indicates that the
petitioner has a fair chance of winning and that the petition is not just
a nuisance.
But in an unorganized establishment, the 25% consent signature
requirement is not applicable. A group of supervisors (unionized)
who files a PCE does not need to present 25% minimum support
because such is considered unorganized. The petition for CE involves
only the supervisors, not the rank-and-file. Insofar as the supervisors
are concerned, the establishment is considered unionized. Hence
the requirement for 25% support to the petition does not apply.
Effect of Withdrawal of Signatories
A critical fact to consider is whether the withdrawal happened before
or after the filing of the petition. If it happened before the filing, the
withdrawal is presumed voluntary and it does not affect the
propriety of the petition; if after, the withdrawal is deemed
involuntary (perhaps pressured by the employer) and it does not
necessarily cause the dismissal of the petition
The presumption would arise that the withdrawal was procured
through duress, coercion or for valuable consideration. In other
words, the distinction must be that withdrawals made before the filing
of the petition are presumed voluntary unless there is convincing
proof to the contrary, whereas withdrawals made after the filing of the
petition are deemed involuntary.
The reason for such distinction is that if the withdrawal or retraction
is made before the filing of the petition, the names of employees
supporting the petition are supposed to be held secret to the opposite
party. Logically, any such withdrawal or retraction shows
voluntariness in the absence of proof to the contrary.
10. WHEN TO FILE MOTION FOR INTERVENTION?
Section 6, Rule V, Book V of the implementing Rules provides that a
petition for certification election or a motion for intervention can only
be entertained within sixty days prior to the expiry date of an existing
collective bargaining agreement.
NOTE: Incumbent CBA is an automatic intervenor on the PCE,
meaning it need not file a Motion for Intervention.
11. JURISDICTION OF MED ARBITER ON THE ACTION FOR
PCE
A Med Arbiter may determine if there is employer-employee
relationship and if the voters are eligible.
He will decide whether to grant or deny the PCE.
Page 7
 All issues pertaining to the existence of employer-employee
relationship or to eligibility to union membership shall be resolved in
the order or decision granting or denying the petition for certification
election. In other words, those issues do not stall the PCE and they
are not grounds for dismissing a PCE.
It is absurd to suggest that the Med-Arbiter and Secretary of Labor
cannot make their own independent finding as to the sentence of such
relationship and must have to rely and wait for such a determination
by the Labor Arbiter or NLRC in a separate proceeding. For then,
given a situation where there is no separate complaint filed with the
Labor Arbiter, the Med-Arbiter and/or the Secretary of Labor can
never decide a CE case or any labor-management dispute properly
brought before them as they have no authority to determine the
existence of an employer-employee relationship. Such a proposition
is, to say the least, anomalous.
Once there is a determination as to the existence of such a
relationship, the med-arbiter can then decide the CE case. As the
authority to determine the employer-employee relationship is
necessary and indispensable in the exercise of jurisdiction by the
Med-Arbiter, his finding thereon may only be reviewed and reversed
by the Secretary of Labor who exercises appellate jurisdiction under
Article 259 of the LC, as amended.
12. CONSENT ELECTION
Like a CE, its purpose is the same, namely, to find out which union
should serve as the bargaining agent. The difference is that a
certification is ordered by the Department while a consent election is
voluntarily agreed upon by the parties, with or without the
intervention of the Department.
Two or more unions are involved in a consent election. And like
certification election, consent election may take place in an
unorganized or organized establishment.
13. GROUNDS FOR DISMISSAL ON THE PETITION FOR
CERTIFICATION ELECTION (5) (D.O.40-03)
a. Petitioner is not listed in the departments registry of
legitimate labor unions or that its legal personality has been
revoked or cancelled with finality;
b. Petition was filed before or after the freedom period of a
duly registered CBA, provided that the 60 day period based
on the original CBA shall not be affected by any
amendment, extension, or renewal of the CBA;
c. Petition was filed within 1 year from entry of voluntary
recognition or a valid certification, consent, or run-off
election and no appeal on the results thereof is pending;
d. A duly certified union has commenced an sustained
negotiations with the employer or there exists a bargaining
deadlock which had been submitted to conciliation or
arbitration or had become the subject of a valid notice of
strike or lockout to which an incumbent or certified
bargaining agent is a party;
e. In case of an organized establishment, failure to submit the
25% support requirement for the filing of the PCE.
14. WHO ARE QUALIFIED TO VOTE IN CERTIFICATION
ELECTION?
All employees who are members of the appropriate bargaining unit
sought to be represented by the petitioner at the time of the issuance
of the order granting the conduct of a certification election shall be
eligible to vote.
Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman
The list of voters should be based on the employer-certified list of
employees in the CBU or payrolls. If the employer does not submit
the list or payrolls, the union may submit its own list.
Even the list of employees submitted to the SSS may be used as basis
to comprise the list of voters for the CE. It should ideally be the
payroll which should have been used for the purpose of the election.
However, the unjustified refusal of a company to submit the payroll
in its custody, despite efforts to make it produce it, compelled resort
to the SSS list as the next best source of information. After all, the
SSS list is a public record whose regularity is presumed.
Only the employees who are directly employed by the employer and
working along the activities to which the employer is engaged and
linked by employer-employee relationship are qualified to participate
in the certification election, irrespective of the period of their
employment.
Employees of an independent contractor who undertakes to do a
piece of work for his account and responsibility, with minimum
interference on the part of the other contracting party (indirect
employer), not being laborers or employees of the latter, are not
qualified to participate therein.
In case of disagreement over the voters' list or over the eligibility of
voters, all contested voters shall be allowed to vote. But their votes
shall be segregated and sealed in individual envelopes in accordance
with Sections 10 and 11 of this Rule.
15. NOTICE OF ELECTION REQUIREMENTS
The Election Officer shall cause the posting of notice of election at
least ten (10) days before the actual date of the election in two (2)
most conspicuous places in the company premises. The notice shall
contain:
(a) the date and time of the election;
(b) names of all contending unions;
(c) the description of the bargaining unit and the list of eligible and
challenged voters.
The posting of the notice of election, the information required to be
included therein and the duration of posting cannot be waived by the
contending unions or the employer. It is mandatory.
16. A) GROUNDS FOR CHALLENGING VOTES?
An authorized representative of any of the contending unions and
employer may challenge a vote before it is deposited in the ballot box
only on any of the following grounds:
(a) that there is no employer-employee relationship between the voter
and the company;
(b) that the voter is not a member of the appropriate bargaining unit
which petitioner seeks to represent.
B) RULES IN CHALLENGING OF VOTES
When a vote is properly challenged, the Election Officer shall place
the ballot in an envelope which shall be sealed in the presence of the
voter and the representatives of the contending unions and employer.
The Election Officer shall indicate on the envelope the voter's name,
the union or employer challenging the voter, and the ground for the
challenge. The sealed envelope shall then be signed by the Election
Page 8
 Officer and the representatives of the contending unions and
employer. The Election Officer shall note all challenges in the
minutes of the election and shall be responsible for consolidating all
envelopes containing the challenged votes. The envelopes shall be
opened and the question of eligibility shall be passed upon only if the
number of segregated voters will materially alter the results of the
election.
17. RULES ON ELECTION PROTEST
Any party-in-interest may file a protest based on the conduct or
mechanics of the election. Such protests shall be recorded in the
minutes of the election proceedings. Protests not so raised are deemed
waived.
The protesting party must formalize its protest with the Med-Arbiter,
with specific grounds, arguments and evidence, within five (5) days
after the close of the election proceedings. If not recorded in the
minutes and formalized within the prescribed period, the protest shall
be deemed dropped.
NOTE: After the close of election proceedings means the period
from closing of the polls to the counting and tabulation of the votes.
18. RUN-OFF ELECTION
When an election which provides for three (3) or more choices results
in none of the contending unions receiving a majority of the valid
votes cast, and there are no objections or challenges which if
sustained can materially alter the results, the Election Officer shall
motu propio conduct a run-off election within ten (10) days from the
close of the election proceedings between the labor unions receiving
the two highest number of votes; provided, that the total number of
votes for all contending unions is at least fifty (50%) percent of the
number of votes cast.
"No Union" shall not be a choice in the run-off election. Notice of
run-off elections shall be posted by the Election Officer at least five
(5) days before the actual date of run-off election.
-----------------------------------------------
PCE / BAR TO PCE / APPEAL
----------------------------------------------
1. FOUR CONDITIONS BEFORE RUN-OFF ELECTION MAY
BE CONDUCTED
A run-off election is proper if these concurrent conditions exist,
namely:
a. a valid election took place because majority of the CBU members
voted.
b. the election presented a least three choices, e.g., Union One, Union
Two, and No Union, meaning there are at least two union
candidates. Further, not one of the unions obtained the majority of
the valid votes.
c. the total number of votes for all the unions is at least 50% of the
valid votes cast.
d. there is no unresolved challenge of voter or election protest.
2. WHO ARE QUALIFIED TO VOTE FOR CERTIFICATION
ELECTION
Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman
(See No.15, page 10)
3. A) CAN PROBATIONARY OR NON-REGULAR EMPLOYEES
VOTE FOR CERTIFICATION ELECTION?
YES. In a certification election all rank-and-file employees in the
appropriate bargaining unit are entitled to vote. This principle is
clearly stated in Art. 255 of the Labor Code which states that the
"labor organization designated or selected by the majority of the
employees in an appropriate bargaining unit shall be the exclusive
representative of the employees in such unit for the purpose of
collective bargaining."
Collective bargaining covers all aspects of the employment relation
and the resultant CBA negotiated by the certified union binds all
employees in the bargaining unit. Hence, all rank-and-file employees,
probationary or permanent, have a substantial interest in the selection
of the bargaining representative. The Code makes no distinction as to
their employment status as basis for eligibility in supporting the
petition for certification election. The law refers to "all" the
employees in the bargaining unit. All they need to be eligible to
support the petition is to belong to the "bargaining unit".
B) DISMISSED EMPLOYEES WHO FILED PETITION FOR
ILLEGAL DISMISSAL?
IT DEPENDS.
An employee who has been dismissed from work but has contested
the legality of the dismissal in a forum of appropriate jurisdiction at
the time of the issuance of the order for the conduct of a certification
election shall be considered a qualified voter, unless his/her dismissal
was declared final judgment at the time of the conduct of the
certification election.
In Philippine jurisprudence it is now settled that employees who have
been improperly laid off but who have a present, unabandoned right
to or expectation of re-employment, are eligible to vote in
certification elections. Thus, and to repeat, if the dismissal is under
question, as in the case now at bar whereby a case of illegal dismissal
and/or unfair labor practice was filed, the employees concerned could
still qualify to vote in the elections.
C) MEMBERS OF RELIGIOUS SECT?
YES.
In the CE all members of the unit, whether union members or not,
have the right to vote. Union membership is not a prerequisite. If
majority of the unit members do not want a union, as expressed in the
CE, such majority decision must be respected. Logically, the right
NOT to join, affiliate with, or assist any union, and to disaffiliate or
resign from a labor organization, is subsumed in the right to join,
affiliate with, or assist any union, and to maintain membership
therein. The right to form or join a labor organization necessarily
includes the right to refuse or refrain from exercising said right. It is
self-evident that just as no one should be denied the exercise of a
right granted by law, so also, no one should be compelled to exercise
such a conferred right.
The respondents' argument that the petitioners are disqualified to vote
because they "are not constituted into a duly organized labor union"
"but members of the Iglesia Ni Cristo (INC) which prohibits its
followers, on religious grounds, from joining or forming any labor
organization" and "hence, not one of the unions which vied for
certification as sole and exclusive bargaining representative," is
specious. Neither law, administrative rule nor jurisprudence requires
that only employees affiliated with any labor organization may take
part in a certification election. On the contrary, the plainly discernible
Page 9
 intendment of the law is to grant the right to vote to all bona fide
employees in the bargaining unit, whether they are members of a
labor organization or not.
D) STRIKING EMPLOYEES?
Strikers are eligible to vote in a certification election because they
continue to enjoy employee status during the strike, unless, in the
meantime, they are declared to have lost their employee status. (R.
Transport Corp. vs. Laguesma)
4. A) IN CASE A VOTE IS CHALLENGED, WHAT SHOULD BE
DONE? / RULES ON CHALLENGING OF VOTES?
(See No.16B, Page 10)
5. POSTING OF NOTICE OF ELECTION IS A MANDATORY
REQUIREMENT
(See No.15, page 10)
6. GROUNDS FOR CHALLENGING OF VOTES
(See No.16A, Page 10)
7. CAN A CERTIFICATION ELECTION BE CONDUCTED
DURING A STRIKE?
YES. (Check Asian Design vs. Ferrer-Calleja)
8. A) CAN A LABOR ORGANIZATION FILE A MOTION FOR
INTERVENTION IN UNORGANIZED ESTABLISHMENT?
In unorganized establishments, a legitimate labor organization with
substantial interest in the certification election may file a motion for
intervention (Sec. 8, Rule VIII, Book V, Rules Implementing the
Labor Code)
B) AT WHAT PERIOD OF TIME?
at any time prior to the decision of the Med-Arbiter.
9. CAN AN EMPLOYER FILE A PCE?
Yes, in an UNORGANIZED establishment. (Art.258)
10. EXCEPTIONS TO THE BY-STANDER PRINCIPLE
By-stander principle may not be applied if the employer invokes the
following grounds to protect his interest:
a. Non-existence of Er-Ee relationship between the
company and the employees sought to be represented by the petitioning
union.
b. Petitioning union has no legitimacy or legal personality.
c. Petition is not supported by the written consent of 25%
of the employees within the bargaining unit.
d. Bargaining unit being represented by the petitioning
union is not an appropriate bargaining unit.
e. Contract-bar rule
f. Voluntary recognition-year bar rule
g. Election-year bar rule
h. Negotiation-year bar rule
i. Deadlock bar rule
11. CONTRACT BAR RULE
(See No.6, page 8)
Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman
12. VOLUNTARY RECOGNITION RULE
No PCE may be filed within one year from the date of a valid
voluntary recognition.
13. ELECTION YEAR BAR RULE
No PCE may be filed within one year from the date of a valid
certification, consent, or run-off election or from the date of voluntary
recognition.
14. NEGOTIATION YEAR BAR RULE
A PCE cannot be entertained if, before the filing of the PCE, the duly
recognized or certified union has commenced negotiation with the
employer in accordance with Art.250.
15. DEADLOCK BAR RULE
A PCE cannot be entertained if before the filing of the PCE, a
bargaining deadlock to which an incumbent or certified bargaining
agent is a party, had been submitted to conciliation or arbitration or
had become the subject of a valid notice of strike or lockout. The one-
year bar is not necessary.
16. A) APPEAL IN UNORGANIZED ESTABLISHMENT
If petition is granted, the case is not subject to appeal. If petition is
dismissed, the case is appealable.
B) APPEAL IN ORGANIZED ESTABLISHMENT
Whether petition is granted or dismissed, the case is subject to appeal.
17. TWO MODES OF DETERMINATION OF COLLECTIVE
BARGAINING AGENT
a. Certification Election includes consent, run-off election
b. Voluntary Recognition
18. DEFINITION OF DUTY TO BARGAIN COLLECTIVELY
(Art.252)
The duty to bargain collectively means the performance of a mutual
obligation to meet and convene promptly and expeditiously in good
faith for the purpose of negotiating an agreement with respect to
wages, hours of work and all other terms and conditions of
employment including proposals for adjusting any grievances or
questions arising under such agreement and executing a contract
incorporating such agreements if requested by either party but such
duty does not compel any party to agree to a proposal or to make any
concession.
19. ESSENTIAL ELEMENTS IN DUTY TO BARGAIN
COLLECTIVELY
(See. No.18 - Art. 252 & No.20A - Art 253)
20. A) WHEN IS THERE A DUTY TO BARGAIN
COLLECTIVELY WHEN A CBA EXISTS? (ART.253)
When there is a collective bargaining agreement, the duty to bargain
collectively shall also mean that neither party shall terminate nor
modify such agreement during its lifetime. However, either party can
serve a written notice to terminate or modify the agreement at least
sixty (60) days prior to its expiration date. It shall be the duty of both
parties to keep the status quo and to continue in full force and effect
Page 10
 the terms and conditions of the existing agreement during the 60-day c. Recording
period and/or until a new agreement is reached by the parties.
-Petition for Certification Election
B) WHEN THERE IS NO EXISTING CBA? (ART.252) a. LLO
b. Federation
(See No.18) c. Employer

4. NEGOTIATIONS
------------------------------------------------------
THE COLLECTIVE BARGAINING PROCESS DEADLOCK
------------------------------------------------------ - Conciliation
1. ORGANIZATION (ART.243-248) - Arbitration
- Strikes / Lockouts
Art.243 Coverage and Employees Right to SO
Art.244 Right of Employees in the Public Service CBA
Art.245 Ineligibility of managerial employees to join any labor - Signed
organization; Right of Supervisory - Any agreement on such other provisions of the CBA
Art.246 Non-abridgement of Right to SO entered into within 6 mos. from the date of expiry of the
Art.247 Concept of ULP and Procedure for Prosecution thereof term of such other provisions, shall retroact to the day
Art.248 ULP of Employers immediately following such date.
- If any such agreement is entered into beyond 6 mos., the
2. REGISTRATION / AFFILIATION (ART.234-244) parties shall agree on the duration of retroactivity thereof.
In case of a deadlock in the renegotiation of the CBA, the
Art.234 Requirements of registration parties may exercise their rights under this Code.
Art.235 Action on Application - If theres deadlock the effectivity date shall be when the
Art.236 Denial of Registration; Appeal arbitrator renders its final decision.
Art.237 Additional requirements for Federations or National
Unions 5. POSTING (ART.231)
Art.238 Cancellation of Registration; Appeal
Art.239 Grounds of Cancellation of Union Registration 6. RATIFICATION
Art.240 Equity of the Incumbent
Art.241 Rights and Conditions of Membership in Labor Org 7. REGISTRATION (ART.231)
Art.242 Rights of LLO
PURPOSE: Contract Bar Rule
Art.243 Coverage and Employees Right to SO
Art.244 Right of Employees in the Public Service
-------------------------------------------------
3. DEMAND TO BARGAIN (ART.250 Procedure in CB)
CERTIFICATION ELECTION PPROCESS
-------------------------------------------------
The ff procedures shall be observed in collective bargaining:
1. Outline of the Certification Election Process.
a. When a party desires to negotiate an agreement, it shall
serve a written notice upon the other party with a statement
1.1 FILING OF PETITION
of its proposals. The other party shall make a reply thereto
not later than ten (10) calendar days from receipt of such
1.2 HEARING
notice;
b. Should differences arise on the basis of such notice and
1.2.1. Motion to Dismiss
reply, either party may request for a conference which shall
begin not later than ten (10) calendar days from the date of
1.2.2. Motion to Suspend Proceedings
request;
c. If the dispute is not settled, the Board shall intervene upon
NOTE: GROUNDS FOR SUSPENDING PROCEEDINGS
request of either or both parties or at its own initiative and
a. When the union is a company-dominated union, prejudicial
immediately call the parties to conciliation meetings. The
question
Board shall have the power to issue subpoenas requiring the
b. When the legal personality of the union is seriously
attendance of the parties to such meetings. It shall be the
challenged
duty of the parties to participate fully and promptly in the
conciliation meetings the Board may call;
1.2.3. Motion for Intervention
d. During the conciliation proceedings in the Board, the
parties are prohibited from doing any act which may disrupt
1.2.4. Parties may agree to Consent Election
or impede the early settlement of the disputes; and
e. The Board shall exert all efforts to settle disputes amicably
NOTE: When the parties agreed to have consent election, the
and encourage the parties to submit their case to a
3rd step is skipped off. The 4th step Pre-election Conference
voluntary arbitrator.
follows.
Voluntary Recognition
-In Unorganized Establishment
a. Joint statement of fact of voluntary recognition, fact of posting, and 1.3 ISSUANCE OF ORDER / DECISION
fact of only 1 union
b. Notice of Voluntary Recognition with DOLE 1.4. PRE-ELECTION CONFERENCE

Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman Page 11
 1.5. POSTING OF NOTICE OF ELECTION
- Mandatory Requirement. 10 Days before the election
1.6. ELECTION
1.7. CANVASSING
1.8. PROCLAMATION
-------------------------------------------------------------------------
GRIEVANCE MACHINERY & VOLUNTARY ARBITRATION
-------------------------------------------------------------------------
1. WHAT IS A GRIEVANCE?
A grievance is defined as any question by either the employer or the
union regarding the interpretation or application of the collective
bargaining agreement or company personnel policies or any claim by
either party that the other party is violating any provision of the CBA
or company personnel policies.
If the term grievance is to be applied in the loose or generic sense,
any dispute or controversy respecting terms and conditions of
employment which an employee or group of employees may present
to the employer can be a grievance, even without a union or CBA.
The expansion of the original and exclusive jurisdiction of voluntary
arbitrators to include questions arising from the interpretation and
enforcement of company personnel policies has the effect of widening
the meaning and interpretation of a grievance to include a situation
where there is no collective bargaining agent and no CBA.
2. IF THERE IS GRIEVANCE, TO WHAT BODY IT SHOULD BE
PRESENTED?
All grievances arising from the implementation or interpretation of
the collective bargaining agreement and/or interpretation and
enforcement of company personnel policies are compulsorily subject
to the grievance machinery.
Upholding the requirement, the Court has ruled that the grievance
procedure provided in the CBA should be adhered to by the parties.
Refusal or failure to do so is an unfair labor practice, because the
grievance procedure is part of the continuous process of collective
bargaining. It is intended to promote friendly dialogue between labor
and management as a means of maintaining industrial peace.
Before an aggrieved employee may resort to the courts to enforce his
individual rights under a bargaining contract, the employee must
exhaust all the remedies available to him under such contract. And a
court should not entertain any complaint by an aggrieved employee
until proper use has been made of the contract grievance procedure
agreed upon by employer and the bargaining representative. The
grievance machinery under the agreement is the very heart of
industrial self-government.
3. IS A VIOLATION OF CBA A GRIEVANCE? (Art.261)
YES. Violations of a CBA shall no longer be treated as ULP and shall
be resolved as grievances under the CBA, except those which are
gross in character.
4. WHEN THE VIOLATION OF CBA IS GROSS, WHO HAS
JURISDICTION?
The Labor Arbiter. (Art.17)
5. WHAT IS VOLUNTARY ARBITRATION
Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman
Voluntary Arbitration Voluntary arbitration has been defined as a
contractual proceeding whereby the parties to any dispute or
controversy, in order to obtain a speedy and inexpensive final
disposition of the matter involved, select a judge of their own choice
and by consent submit their controversy to him for determination.
Under voluntary arbitration, on the other hand, referral of a dispute
by the parties is made, pursuant to a voluntary arbitration clause in
their collective agreement, to an impartial third person for a final and
binding resolution.
6. A) WHO IS A VOLUNTARY ARBITRATOR?
A voluntary arbitrator is chosen by the parties themselves (preferably
accredited by the NCMB). The choice is usually influenced by the
trust in the persons fairness and knowledge of the dynamics,
including law, of labor-management relation.
B) CAN THE PARTIES AGREE TO APPOINT LABOR
ARBITER AS A VOLUNTARY ARBITRATOR?
YES. The parties are afforded the latitude to decide for themselves
the composition of the grievance machinery as they find appropriate
to a particular situation.
A voluntary arbitrator is chosen by the parties themselves (preferably
accredited by the NCMB). The choice is usually influenced by the
trust in the persons fairness and knowledge of the dynamics,
including law, of labor-management relation. The preferred method
of selection is by mutual agreement of the parties. Alternative
methods include the selection or appointment by an administrative
agency like the NCMB.
7. WHAT IS THE JURISDICTION OF VOLUNTARY
ARBITRATOR? (Art.261)
The Voluntary Arbitrator or panel of Voluntary Arbitrators shall have
original and exclusive jurisdiction to hear and decide all unresolved
grievances arising from the interpretation or implementation of the
Collective Bargaining Agreement and those arising from the
interpretation or enforcement of company personnel policies. By
unresolved grievance it means that the grievance must have passed
the grievance machinery.
8. A) CAN THE VOLUNTARY ARBITRATOR HAVE
JURISDICTION OVER LABOR DISPUTES?
YES. In labor-management relations voluntary arbitration is a master
procedure. Any and all kinds of labor disputes may be submitted to,
settled or resolved through voluntary arbitration, if the parties so
desire. Money claims, bargaining deadlocks, strike or lockout,
employment termination, and even questions about existence or
absence of employer-employee relationship, may be resolved by the
partieswith finalityby availing themselves of voluntary
arbitration.
As a master procedure voluntary arbitration takes precedence over
other dispute settlement devices (i.e., cases before the labor arbiter or
Secretary of Labor or the NLRC)
B) IS THERE ANY DIFFERENCE BETWEEN THE
TERMINATION DISPUTES UNDER ART.217 WHEREIN
THE LABOR ARBITER HAS JURISDICTION?
YES. Compulsory arbitration is a system whereby the parties to a
dispute are compelled by the government to forego their right to
strike and are compelled to accept the resolution of their dispute
Page 12
through arbitration by a third party. The essence of arbitration
remains since a resolution of a dispute is arrived at by resort to a
disinterested third party whose decision is final and binding on the
parties, but in compulsory arbitration, such a third party is normally
appointed by the government.
In Philippine context, the judge in voluntary arbitration is called
arbitrator, while that in compulsory is labor arbiter. The jurisdiction
of a VA is stated in Articles 261 and 262 while that of an LA is in
Article 217.
9. Report to work order
- immediately executory; non-appealable
10. No work, no pay principle; exceptions
a. when the supposed strikers did not strike but were
practically locked out
b. where the strikers voluntarily and unconditionally
offered to return to work, but the employer refused to accept the offer
without justifiable reason.

11. Illegality of strikes

--------------------------------------------------- a. violation of specific prohibition by law
STRIKES AND LOCKOUTS - correct wage distortion
--------------------------------------------------- - do not bargain collectively
- org. without bargaining rights
1. Validity of strikes - inter-union/intra-union disputes
a. ALPAP vs. CIR mass resignation
b. Phil. Blooming Mills Case strike without labor dispute b. specific requirement of law

2. Kinds of strike c. unlawful purpose

a. as to dispute - induce to commit ULP to non-union
- unfair labor practice strike - committed by minority to strike
- economic strike
d. unlawful means employed
b. as to the manner of execution
- walk-out e. violation of existing injunction strike after return to
- sit-down - becomes illegal only when ingress or work order/assumption order
egress of compound is blocked
- slow-down f. violation of existing agreement
- mass leave - conclusive bargaining agreements
- wildcat illegal - in violation of non-strike policy only in
economic strike but not in ULP strike
c. as to the employer to whom it is directed
- primary 12. Liable for damages in strike
- secondary - connection by employment; In order to hold the union and the strikers liable for
illegal no labor dispute damages, the best evidence obtainable must be presented. Actual or
- sympathy - no connection at all; compensatory damages cannot be presumed, but must be duly proved
considered illegal with reasonable degree of certainty. The must be competent proof that
- general damages have been suffered and the actual amount thereof. In the
- particular absence of competent proof of actual damage the employer is entitled
to nominal damages which as the law says, is adjudicated in order
3. Legal grounds for declaring a strike that the defendant may be vindicated and recognized, and not for the
a. collective bargaining deadlock purpose of indemnifying the plaintiff for any loss suffered.
b. unfair labor practice act of the employer Local union and not the mother federation is liable for
damages resulting from an illegal strike. The reason is because the
4. Who can declare a strike? local union is the principal and the mother federation is a mere agent
Rule: Duly recognized collective bargaining representative of the local union.
legitimate labor organization only if it is an ULP strike.
13. Can a strike be enjoined?
5. Requisites for validity of strikes Gen. Rule: No; right granted by the constitution
a. notice of strike Exceptions:
b. strike vote a. If declared against an industry indispensable to national
c. strike vote report interest, in which case, the Secretary of Labor and Employment may
d. + plus lawful purpose and means assume jurisdiction or certify the dispute for compulsory arbitration.
Such assumption or certification has the effect of automatically
6. Notice of strike enjoining the strike.
- 30 days - collective bargaining dispute b. If staged by employees who are not accorded the right to
- 15 days - ULP exception: union busting strike, like managerial employees or employees government-owned
or controlled corporation with original charters.
7. Strike vote c. If staged because of an intra-union or inter-union dispute.
Majority of TOTAL UNION MEMBERSHIP
Note: even if the illegal strike is not enjoined, the
8. Strike vote report illegal acts can be considered enjoined
The union should report to the regional branch of the
National Conciliation and Mediation Board the results of the voting 14. Strike breaker
at least seven (7) days before the intended strike.

Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman Page 13
 A strike breaker is a person who obstructs, impedes, or
interferes with by force, violence, coercion, threats or intimidation
any peaceful picketing by employees during any labor controversy
affecting wages, hours or conditions of work or in the exercise of the
right to self-organization or collective bargaining.
15. Prohibition against escorting replacement
What is prohibited is the escorting of individuals in
entering or leaving the strike area to replace the striking employees.
What the law prohibits is the escorting of replacements WITHIN the
strike area. STRIKE AREA refers to the establishment, warehouses,
depots, plants or offices, sites or premises used as runaway shops and
the immediate vicinity actually used by the picketing strikers in
moving to and fro before all points of entrance to and exit from said
establishment.
16. Picketing
Gen. Rule: Allowed. Freedom of speech
Exceptions (3): Persons or employees engaged in picketing
are forbidden from:
a. committing any act of violence, coercion, or
intimidation;
b. obstructing the free ingress to and egress from the
employers premises; and
c. obstructing public thoroughfares
17. Limitations to a lockout
A lockout cannot be declared:
a. without first having bargained collectively;
b. without first having filed the notice of lockout;
c. without the necessary lockout vote first having been
obtained and reported to the department of labor and employment;
d. after the secretary of labor and employment assumes
jurisdiction or certifies the dispute to compulsory or voluntary
arbitration; or
e. during the pendency of cases involving the same grounds
for the lockout
18. National interest disputes
Note: It is not necessary that there must be an ACTUAL
STRIKE; intended strike can be, before the Secretary may assume or
certify.
a. legal effect automatically enjoins
b. violation of return to work order ALL STRIKERS
Illegal strike/committed violation in illegal strike
UNION OFFICERS or MEMBERS.
---------------------------------------------------
cont. STRIKES AND LOCKOUTS
---------------------------------------------------
1. What is a strike?
Strike is any temporary stoppage of work by the concerted
action of employees as a result of an industrial or labor dispute.
2. Limitations to strike.
A strike cannot be declared:
a. without first having bargained collectively;
b. without first having filed the notice of strike;
c. without the necessary strike vote first having been
obtained and reported to the department of labor and employment;
d. after the secretary of labor and employment assumes
jurisdiction or certifies the dispute to compulsory or voluntary
arbitration; or
e. during the pendency of cases involving the same grounds
for the strike
Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman
3. Who are qualified to vote in a strike?
The decision to declare a strike must be approved by the
majority of the TOTAL UNION MEMBERSHIP in the bargaining
unit concerned, through secret ballot in a meeting or referendum
called for the purpose.
4. Is mass-leave considered a strike? Mass resignation?
Mass-leave is considered as a strike if they constitute
temporary stoppages arising from labor disputes. Mass resignation is
not a strike because it is not temporary in nature.
5. Distinguish secondary strike and sympathy strike.
Secondary strike this is directed against the employer
connected by product or employment with alleged unfair labor
conditions or practices.
Sympathy strike This is a strike stages to make common
cause with other strikers in other establishments of companies
without the existence of any dispute between the striking employees
and their employer. In a sympathy strike, there need not be a
connection of product or employment. The connection of products or
employment with the primary labor dispute is the distinguishing
factor between a secondary strike and a sympathy strike.
6. Legal grounds for strike.
a. collective bargaining deadlock
b. unfair labor practice act of the employer
7. Who can conduct a strike? How does one become a duly
recognized collective bargaining representative?
Under the rules, only a certified or duly recognized
collective bargaining representative can declare a strike, be it an
economic strike or an unfair labor strike. In the absence of a certified
or duly recognized collective bargaining representative, a strike can
be declared by a legitimate labor organization in the establishment,
but only on the ground of unfair labor practices. Therefore,
employees of establishments where there is no union cannot strike.
Voluntary Recognition OR Certification Election.
8. Can a strike be conducted in an unorganized establishment?
No
9. What are the legal requirements of a strike?
a. notice of strike
b. strike vote
c. strike vote report
10. Duration of filing of Notice of Strike?
The notice of strike should be filed with the Regional
Branch of the National Conciliation and Mediation Board, and
SERVED to the company, at least;
a. thirty (30) days before the intended date of strike if the
ground for strike is based on collective bargaining deadlock; or
b. fifteen (15) days before the intended date of strike if
the ground for strike is based on unfair labor practice
The purpose of the notice of strike is to provide an
opportunity for mediation and conciliation.
11. What is cooling-off period? Duration?
The cooling-off period is the span of time allotted by law
for the parties to settle their disputes in a peaceful manner before
declaring a strike. The duration of the cooling-off period are as
follows:
a. thirty (30) days from the filing of the notice of strike if
the ground for strike is based on collective bargaining deadlock; or
Page 14
 b. fifteen (15) days from the filing of the notice of strike
if the ground for strike is based on unfair labor practice.
Observance of the cooling-off period is mandatory.
12. Can one declare a strike during cooling-off period?
- During UNION BUSTING
13. Requirements of strike vote
The decision to declare a strike must be approved by the
majority of the TOTAL UNION MEMBERSHIP in the bargaining
unit concerned, through secret ballot in a meeting or referendum
called for the purpose.
14. Can injunction be issued against a strike? Exceptions?
Gen. Rule: No; right granted by the constitution
Exceptions:
a. If declared against an industry indispensable to national
interest, in which case, the Secretary of Labor and Employment may
assume jurisdiction or certify the dispute for compulsory arbitration.
Such assumption or certification has the effect of automatically
enjoining the strike.
b. If staged by employees who are not accorded the right to
strike, like managerial employees or employees government-owned
or controlled corporation with original charters.
c. If staged because of an intra-union or inter-union dispute.
Note: even if the illegal strike is not enjoined, the
illegal acts can be considered enjoined
15. At what point of time can union declare a strike?
After all the requisites have been complied with.
16. Suppose the strike ceased, can the employees be reinstated?
Yes, there was no termination of employment which is
permanent.
16.1 How about if it is an illegal strike?
The present rule is that an illegal strike does not
automatically warrant the wholesale dismissal of strikers. Only the
following strikers can be penalized with loss of employment status:
a. Union officers who knowingly participate in an illegal
strike; and
b. Union officers or members who knowingly participate in
the commission of illegal acts during a strike
17. Can the strikers be entitled to backwages?
Gen. Rule: The strikers are not entitled to backwages on the
principle that a fair days wage accrues only for a fair days labor lockout the plant continues to operate, whereas in a shutdown, the
Exception: The following are entitled to backwages
a. involuntary strikers illegally locked-out
b. voluntary strikers in ULP strike who offered to return to
work unconditionally
18. Requisites of valid strike.
a. notice of strike
b. strike vote
c. strike vote report
19 Who may issue injunction?
a. industry indispensable to national interest - secretary of
labor
b. those who are not accorded to strike NLRC
c. inter-union/inter-union disputes NLRC
20. Effects of the issuance of return-to-work order/assumption
order?
Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman
a. automatically enjoins the intended or impending strike or
lockout as specified in the assumption or certification order;
b. if one has already taken place at the time of assumption
or certification, all striking or locked-out employees shall
immediately return to work; and
c. the employer shall immediately resume operations and
re-admit all workers under the same terms and conditions prevailing
before the strike or lockout.
21. Can union members in the strike be arrested? Exceptions?
Gen. Rule: A police officer cannot arrest or detain a union
member for union activities without previous consultations with the
secretary of labor.
Except on grounds of:
1. national security
2. public peace
3. commission of a crime
An arrest can be lawfully made in the following cases;
a. any person who obstructs the free and lawful ingress and
egress from the employers premises or who obstructs public
thoroughfares.
b. any person who shall have in his possession deadly
weapons in violation of BP Blg 6 and firearms and explosives.
22. Procedure of filing criminal cases
Before filing a criminal case relating to or arising out of a
labor dispute, clearance must first be obtained from the Department
of Labor and Employment or the Office of the President. An
injunction order issued in a labor case is considered as compliance
with the clearance requirement.
23. Procedure of removing blockades
Obstructions in public properties, such as streets,
sidewalks, alleys, may be summarily removed by the local
governments, through their respective law enforcement authorities
without consulting with the DOLE, because these obstructions are
considered as nuisance per se. Obstructions in points of egress and
ingress of private properties during a labor dispute may be removed
only in accordance with proper orders issued by the office of the
secretary of labor and Employment or by the NLRC or its arbitration
branches. They cannot be summarily demolished by law enforcement
authorities.
24. Lockout? Lockout vs. Shutdown
Lockout is the temporary refusal of an employer to furnish
work as a result of an industrial or labor dispute.
Lockout is different from shutdown in the sense that in a
plant ceases to operate. A shutdown is the willful act of the employer
himself following a complete lockout as contrasted to the compulsory
stoppage of operations as a result of a strike and walkout. It can be
truly said that all shutdowns are lockouts but not all lockouts
constitute shutdowns.
25. Requisites of valid lockout
To constitute a lockout, the refusal to furnish work must be:
a. temporary
b. the result of a labor dispute
26. When can an employer declare a lockout?
There are only two (2) grounds for declaring a lockout,
namely:
a. collective bargaining deadlock; and
b. unfair labor practice
27. Cooling-off period for lockout?
Page 15
 The cooling-off period is the span of time allotted by law
for the parties to settle their disputes in a peaceful manner before
declaring a lockout. The duration of the cooling-off period are as
follows:
a. thirty (30) days from the filing of the notice of lockout
if the ground for lockout is based on collective bargaining deadlock;
or
b. fifteen (15) days from the filing of the notice of lockout
if the ground for lockout is based on unfair labor practice.
28. Sanction for illegal lockout?
An employer found guilty of illegal lockout may be held
liable for backwages.
higher position. Similarly, if the dismissed employee at the time of
his dismissal was occupying a temporary position, he cannot be
ordered reinstated to a permanent position.
6. What is reinstatement WITHOUT LOSS OF SENIORITY
RIGHTS?
The phrase without loss of seniority rights means that
upon reinstatement, the employee is to be treated in matters involving
rank, position and continuity of employment as though he has not
been absent from work.
7. Who is entitled to reinstatement?
Note: In reinstatement, there must be illegal dismissal

a. suppose the employees were terminated upon the 8. Exceptional cases where dismissal is illegal but reinstatement is
duration of illegal lockout, what are his remedies? impossible
Any worker whose employment has been terminated as a a. transfer of ownership
consequence of an unlawful lockout shall be entitled to reinstatement b. employer suffers from business reverses
with full backwages. c. position occupied was abolished
For violation of Article 264 (a) of the LC, the remedy is to d. closure of business
file with the Arbitration Branch of the NLRC a petition to declare the e. physical or mental incapacity
strike or lockout illegal. f. retirement age of the employee
For violation of Articles 264 (b), (c), (d) and (e) of the LC, g. conviction of criminal case
the remedy if to file a petition for injunction with the NLRC. - Sampaguita Garments vs. NLRC
In addition, criminal action may be filed for any violation h. prescription
of Article 264 of the LC, the penalties of which are set forth in Article - 4 years from date of dismissal
272 of the same code. i. strained relations
j. laches
k. complaint merely prays for separation pay
II. TERMINATION OF EMPLOYMENT (Arts. 278-287)
9. What is backwages? Unpaid wages? Distinction
1. Security of tenure. Definition Backwages refer to the compensation which an employee
Art. 282 just causes would have earned had he not been unjustly dismissed.
Art, 283 authorized causes Unpaid wages refers to compensation for services already
Security of Tenure the constitutional right granted the rendered but withheld by the employer.
employee, that the employer shall not terminate the services of an
employee except for just cause or when authorized by law. It extends 10. Exceptional cases that warrant limited or no backwages at all
to regular (permanent) as well as non-regular (temporary) Note: full backwages illegal dismissal under the law;
employment. those provided by the labor code
*Art. 286 renumbered to Art. 290
2. Who are entitled to security of tenure? EO 10151
Note: security of tenure if not a guarantee of perpetual -Limited backwages the penalty of dismissal is
employment not commensurate to the offense committed.
a. regular employees -No backwages when -
b. non-regular employees qualified in that it cannot be -employer acted in good faith
terminated without just cause prior to the completion of the project, -cessation of employment brought
season or term of employment. about neither by dismissal or abandonment
-cessation of employment due to
3. What is the remedy for violation of security of tenure? employees refusal
Art. 277-B
11. Circumstances that forestall running of backwages
4. What are the reliefs for unjust dismissal of migrant workers? a. death
of locally employed workers? b. mentally incapacitated/ physical incapacity
a. reinstatement Art. 279 c. attainment of retirement age
b. backwages d. closure of business
c. damages bad faith, arbitrary -temporary
d. attorneys fees -permanent
e. separation pay e. imprisoned (confinement in prison)
f. re-employment of the dismissed employee
5. What is reinstatement? Concept of reinstatement
Reinstatement in its generally accepted sense refers to a 12. What is separation pay? Concept and purpose?
restoration to a state from which one has been removed or separated. Separation pay is sort of an aid given to an employee upon
It is the return to the position from which he was removed. his separation from service so that he may have something on which
Under the concept of reinstatement, an employer cannot be to fall back when he loses his means of livelihood. It is an amount
ordered to reinstate an employee to a position which he never designated to provide him with the wherewithal during the period that
occupied. For example, if an employee at the time of his dismissal he is looking for employment.
was occupying a lower position, he cannot be ordered reinstated to a

Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman Page 16
 The purpose of separation pay is to alleviate the difficulties
that confront a dismissed employee thrown into the streets to face the
harsh necessities of life. This gives the employee a leeway to tide him
and his family over in the meantime that he goes job-hunting. To one
who is accustomed to a certain type of job in one company,
adjustment to other job opportunities become a problem. Advanced
age too, may reduce him to a low priority in the labor market. Thus,
the necessity to cushion the adverse effects of sudden separation from
service.
13. When is separation pay proper?
Normally, separation pay is a relief granted only to
employees who are terminated by reason of:
a. redundancy;
b. installation of labor-saving devices;
c. retrenchment;
d. closure of establishment not due to serious business
losses;
e. disease; or
f. lay-off/suspension of operations for more than six (6)
months.
14. Is the employee entitled to separation pay even if dismissed
for a just and valid cause?
PLDT vs. NLRC p.506
The general rule is that the separation from work of an
employee for a just cause does not entitle him to separation pay.
Nevertheless, exceptionally and as an equitable concession, the
Supreme Court has held that separation pay may be awarded as a
measure of social justice even if the dismissal is found to be valid and
justified, but only in those instances where the employee was validly
dismissed for a cause other than serious misconduct or offenses
reflecting on his moral character.
15. Damages as relief for illegal dismissal?
Note: Specifically moral or exemplary, NOT ALL illegal
dismissal cases warrant award of damages. It must be duly pleaded
and proven
*Based on Civil Code for damages
16. Can corporate officers be liable personally or solidarily with
the corporation? Exceptions?
17. Managerial prerogatives; What are the managerial
prerogatives?
a. hiring
b. promote
c. transfer
d. reduce personnel for economic reasons
e. change working hours, reduce, abolish a department or
section
f. reorganize and abolish positions
g. spin-off
h. close down its business
i. discipline employees
NOTE: Managerial prerogatives cannot be interfered by
NLRC or labor arbiter, except on certain cases
CONTINUATION
1. What are the classification of employees according to rank?
a. managerial
b. supervisory
c. rank and file
2. What is regular employment? Exceptions
Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman
An employment is deemed regular where the employee has
been engaged to perform activities that are usually necessary of
desirable in the usual business or trade of the employer. Depends on
nature of work.
a. project
b. seasonal
c. fixed term
3. What is non-regular employment?
Employment other than a regular one. Only for a limited
period or duration such as project, seasonal, or contractual.
4. What is project employment?
Note: Duration of undertaking
a. activity done on a daily basis but only for a specific
duration of time until completion
b. not commonly or habitually performed
5. What is seasonal employment?
A job that is limited to the duration of a particular season.
6. What is fixed-term employment?
Note: Agreement of parties
One which by free choice of the parties have assigned a
specific date of termination.
7. What is casual employment?
Note: Rendered at least 1 year, becomes casual regular
employee
Casual employment is a job wherein the activities
performed by the employee are not usually necessary or desirable in
the usual business or trade of the employer.
8. What is probationary employment?
Probationary employment is a situation where the employee
upon his engagement is made to undergo a trial period during which
the employer determines his fitness to qualify for regular employment
based on reasonable standards made known to him at the time of
engagement.
a. duration of probationary employment
a.1. ordinary employees
Generally, the probationary period of employment of
ordinary employees is limited to six months. The exceptions are
1. when the parties to an employment contract or
collective bargaining agreement agree on a longer period;
2. when a longer probationary period is
established by company policy;
3. when a longer period is required by the nature
of work.
a.2. academic
1. elementary or secondary 3 consecutive
school years of satisfactory service;
2. tertiary and grad school 6 consecutive
semesters of satisfactory service;
3. tertiary on trimester 9 consecutive trimesters
of satisfactory service.
9. Requisites on extension of probationary employment
Note: Notice of extension must be on or before the
expiration of probationary period.
10. Grounds for termination of probationary employment
a. just and authorized causes
b. failure to qualify as regular employee made known by
employer
Page 17
 16. Contra-distinguish RELIEF and REMEDY in an
11. Just causes (Art. 282) ILLEGAL/UNJUSTLY dismissed employee
a. serious misconduct or willful disobedience of the lawful -Remedy only to file a complaint
orders, in connection with his work - Relief reinstatement; backwages; damages; separation
a.1. requisites of serious misconduct/willful pay
disobedience *determine MIGRANT workers from LOCALLY employed
b. gross AND habitual neglect of duty workers
b.1. distinguish neglect (purely objective fact)
from negligence 9subjective state of mind) 17. What is voluntary resignation? Elements?
b.2. damage is not essential in neglect It is the act of an employee who finds himself in a situation
c. fraud in which he believes that personal reasons cannot be sacrificed in
-committed against employer favor of the exigency of the service, thus he has no other choice but
-committed with employees work to disassociate himself from his employment.
d. willful breach of trust Elements:
-willful a. must be unconditional;
-related to performance of employee functions b. with the intent to operate as such; and
c. there must be an intention to relinquish a portion of the
d.1 person holing a position of TRUST and term of office accompanied by an act of relinquishment.
CONFIDENCE Note: The employee must serve a written notice on the
-managerial employer at least one month in advance. Once accepted, cannot be
- holding properties of the company withdrawn without the consent of the employer.
e. commission of a crime-person only
-employer 18. What is constructive dismissal?
-immediate members of family Note: Involuntary resignation is same with constructive
-authorized representative dismissal.
f. analogous causes Defined as quitting because continued employment is
rendered impossible, unreasonable or unlikely, as an offer involving
Note: offenses must have an element similar to demotion in rank and a diminution in pay.
those found in just causes. It must be VOLUNTARY and WILLFUL
ACT 19. Is an employee entitled to separation pay in voluntary
Note: enumerated in the book, other analogous resignation? Exceptions.
causes An employee who voluntary resigns from his employment
*definition of union security clause is not entitled to separation pay, except when it is stipulated in the
employment contract, collective bargaining agreement, or if
12. Breach of union security agreement; limitations sanctioned by established employer practice or policy. There is no
A union security agreement is binding even if the provision in the LC which grants separation pay to voluntarily
employees are not aware of such agreement. Neither their ignorance resigning employees.
nor dissatisfaction with the terms and conditions would justify their
breach thereof or the formation by them of a union of their own. 20. What is abandonment of employment? Is Constructive
resignation the same as abandonment of employment?
13. Participation in an ILLEGAL STRIKE -Initiative comes from the EMPLOYEE
-union officers Abandonment of employment is the deliberate, unjustified
-commission of ILLEGAL ACTS during a strike union refusal of an employee to resume his work. It is a voluntary act of the
officers or members employee AKIN TO VOLUNTARY RESIGNATION, the only
-defiance of a return to work order ALL STRIKERS, difference is that in abandonment of employment the employee quits
regardless of participation/commission his employment without notice. When an employee abandons his
employment, there is constructive resignation.
14. Sexual Harassment
Note: It must be on the power being exercised by a superior 21. Difference between constructive resignation and absence
officer over his subordinates. without official leave.
Note: Most important factor if the intent to return/or not
15. Procedural requirements of disciplinary proceedings return
Abandonment of employment should be distinguished from
15.1. concept of due process absence without leave. In abandonment of employment there is no
Standard of due process: intention to return to work; whereas in absence without leave, there is
a. twin notice rule intention to return to work.
-pre-notice
-post-notice 22. What is Art. 286? What are the two situations contemplated
b. hearing or conference in Art. 286?
15.2. preventive suspension ART. 286 When Employment Not Deemed Terminated
- 30 days non-extendible The bona fide suspension of the operation of a business or
15.3. burden of proof undertaking for a period not exceeding 6 months, or the fulfillment
- rests upon the employer by the employee of a military or civic duty shall not terminate
15.4. degree of proof employment.
- substantial evidence In all such cases, the employer shall reinstate the employee
to his former position without loss of seniority rights if he indicates
his desire to resume his work not later than one (1) month from the

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resumption of operations of his employer or from his relief from the 31. ULP cases prescribes in 1 year from accrual of such unfair
military or civic duty. labor practice
a. floating status
b. military of civic duty 32. Illegal recruitment for local employment prescribes in 3 years.

23. State the law on retirement. Distinguish retirement from 33. Illegal recruitment for migrant workers and OFW prescribes
resignation and dismissal. in the following:
Art. 287 applies to all employees in the private sector, a. simple 5 years
regardless of their position designation, status, and irrespective of the b. involving economic sabotage 20 years
method by which their wages are paid, except those specifically
exempted. 34. Money claims prescribe in 3 years from the accrual of the
- retirement age and length of service cause of action
- resignation personal circumstances Note: covers all money claims in the labor code
- dismissal due to just or authorized causes
35. Action for reinstatement prescribes in 4 years
24. Schemes of retirement.
a. compulsory and contributory in nature; CONTINUATION
b. one set up by an agreement between the employer and
the employees in CBA or other agreement between them (other 1. What is the law on security of tenure?
applicable employment contract) Security of Tenure is the constitutional right granted the
c. one that is voluntarily given by the employer, expressly employee that the employer shall not terminate the services of an
as in an announced company policy or impliedly as in failure to employee except for just cause or when authorized by law. It extends
contest the employees claim for retirement benefits. to regular (permanent) as well as non-regular (temporary)
employment.
25. Who are covered by the retirement provisions in the labor
code? Exceptions. 2. What are the just causes?
Art. 287 applies to all employees in the private sector, a. serious misconduct or willful disobedience of the lawful
regardless of their position designation, status, and irrespective of the orders, in connection with his work
method by which their wages are paid, except those specifically a.1. requisites of serious misconduct/willful
exempted. disobedience
Exceptions: b. gross AND habitual neglect of duty
1. Employees of national government, and its political b.1. distinguish neglect (purely objective fact)
subdivisions, including GOCCs if they are covered by Civil Service from negligence 9subjective state of mind)
Laws. b.2. damage is not essential in neglect
2. Employees or retail, service and agricultural c. fraud
establishments or operations regularly employing not more than 10 -committed against employer
employees. -committed with employees work
d. willful breach of trust
26. When can an employee retire or when it is deemed retired? -willful
Note: should distinguish CBA, contracts, LC -related to performance of employee functions
Age 60-less than 65 Optional but the employee must have d.1 person holing a position of TRUST and
served at least 5 years. CONFIDENCE
Age 65 - Compulsory -managerial
- holding properties of the company
27. What is optional retirement? e. commission of a crime-person only
Retirement prior to reaching the compulsory age as -employer
stipulated in a contract, CBA, or LC at option of the employee or the -immediate members of family
employer depending on whether there is an existing retirement plan -authorized representative
or not. f. analogous causes

28. What are two kinds of retirement in the labor code?
Note: distinguish the employees as well as on retirement
plan, CBA, contracts
a. Optional
b. Compulsory
29. Who can exercise to retire?
Note: DISTINGUISH
Note: the option to retire is not always based on age, it may
also be based on length of service.
a. If there is no retirement plan or contract employee only.
b. If there is a retirement plan or contract either the
employee or employer.
30. Criminal actions in labor code prescribes in 3 years
Note: offenses must have an element similar to
those found in just causes. It must be VOLUNTARY and WILLFUL
ACT
Note: enumerated in the book, other analogous
causes
*definition of union security clause
3. In what instance is an employee entitled to damages (moral
damages)?
Generally when the employee is dismissed (whether for just
cause or not) without following due process.
4. What is the relief in dismissal for just causes?
No relief because it is just cause but he can file a complaint
as remedy

5. Procedural requirements of due process in the proceedings.

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 a. For termination based on just causes under Art. 282,
procedural due process means compliance with the:
1. A written notice 9first notice) served on the
employee specifying the ground for termination, and giving to said
employee reasonable opportunity to explain his side.
2. A hearing or conference (or at least an
opportunity to be heard) during which the employee concerned, with
the assistance of counsel if the employee so desires, is given
opportunity to respond to the charge, present his evidence or rebut the
evidence presented against him.
3. A written notice of termination (second notice)
served on the employee indicating that upon due consideration of all
the circumstances, grounds have been established to justify his
termination.
b. For termination based on authorized cause under Arts
283 and 284, compliance with procedural due process which means
service of a written notice to the employee AND the appropriate
Regional Office of the DLOE at least 30 days before the effectivity
the ground or grounds for termination.
c. For termination based on completion of contract or phase
thereof No prior notice is required.
d. For termination of probationary employment based on
failure to meet the standards of employment-written notice must be
served to the employee concerned within a reasonable time from the
effective date of termination.
6. What is the effect of dismissal if there is no due process?
(without due process)
a. If with just cause, dismissal will be upheld but employer
will be liable for damages.
b. If without just cause, dismissal is deemed illegal.
7. Aside from the just causes in the code, are there other valid
causes of dismissal? (6)
a. Violation of company rules and regulations;
b. Breach of union security arrangements;
c. Participation in an illegal strike;
d. Commission of illegal acts during a strike;
e. Defiance of return-to-work order in a strike; and
f. Sexual harassment.
8. What is sexual harassment? Elements.
Sexual harassment is committed by an employer ,
employee, manager, supervisor, or agent of the employer who, having
authority, influence or moral ascendancy over another, demands,
requests or otherwise requires any sexual favor from another,
regardless of whether the demand, request or requirement is accepted.
In a work-related or employment environment, sexual
harassment is committed:
a. When sexual favor is made as a condition for hiring, re-
employment, or continued employment of an employee; or
b. When sexual favor is made as a condition for granting
favorable terms, conditions, promotions, compensation, or privileges;
c. When refusal to grant the sexual favor results in limiting,
segregating, or classifying the employee which in any way would
discriminate, deprive, or diminish employment opportunities or
otherwise adversely affect said employee;
d. When sexual advances impair the employees rights or
privileges under existing labor laws; or
e. When the sexual advances result in an intimidating,
hostile, or offensive environment for the employee.
9. What are authorized causes for dismissal?
Note: economic justifications
a. Installation of labor saving devices;
b. Redundancy;
c. Retrenchment to prevent losses; and
Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman
d. Closing or cessation of operation of the establishment.
10. Termination on the ground of disease, requisites.
a. That the continued employment of the sick employee is
prohibited by law or is prejudicial to his health or to the health of his
co-employees; and
b. That there is a certification from a competent public
health authority that the disease is of such nature or at such a stage
that it cannot be cured within a period of six (6) months even with
proper medical treatment.
11. Installation of labor-saving devices 1 month for every year of
service
Redundancy in excess of economic resource needed 1
month for every year of service
Retrenchment reduction of personnel due to actual losses
or to prevent loss month for every year of service
Closure or cessation of business month for every year
of service
-Art. 283 permanent
-Art. 286 temporary
-not due to serious business losses with
separation pay
-due to serious business losses no separation
pay
Note: requirements/procedure/notice in closure of business
III. PROCEDURE (Arts. 212-226)
1. Who is an employer?
It includes any person acting in the interest of an employer,
directly or indirectly.
Labor Organization as an employer, acting as an agent of the
employer.
Unregistered Association as an employer. The law does not
require an employer to be registered before he may come
within the purview of the Labor Code.
2. Who is an employee?
It includes not only those who are usually and ordinarily
considered employees, but also those who have ceased as employees
as a consequence of (a) labor dispute or (b) unfair labor practice, if he
has not obtained any other substantially equivalent and regular
employment.
Note: Substantially equivalent and regular employment must be
determined on the nature of the job itself and the career that it can
offer the employee.
3. Creation and Composition of NLRC
Solely for program and policy coordination only.
Composed of a Chairman and 23 Members. (23+1)
24-man tripartite body composed of representatives from the
public sector, workers sector and employers sector.
8 Divisions, 3 members in each division each having
executive clerks and commission attorneys.
Territorial divisions of NLRC are designed merely for
administrative efficiency.
The Chairman may designate additional Commissioners from
other divisions as may be necessary to constitute a quorum.
4. Jurisdiction of NLRC
(a) Original Jurisdiction
1. Cases certified to it by the Secretary of Labor and
Employment pursuant to Article 263.
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 2. Injunction cases under Articles 218 (e) and 264.
(b) Appellate Jurisdiction
1. Cases decided by the Regional Director under Article
129.
2. Cases decided by the Labor Arbiter.
5. Jurisdiction of Labor Arbiter
(a) Original and Exclusive Jurisdiction
1. Unfair labor practice.
2. Termination disputes.
3. Claims for wages, rates of pay, hours of work and other
terms and conditions of employment, if accompanied by a claim for
reinstatement.
4. Claims for actual, moral, exemplary and other forms of
damages arising from employer-employee relations.
5. Cases arising from any violation of Article 264,
including questions involving the legality of strikes and lockouts.
6. Claims of employees or domestic helpers involving an
amount exceeding P5,000 regardless of whether accompanied by a
claim for reinstatement.
7. Money claims arising out of employer-employee
relationship or by virtue of any law or contract involving Filipino
workers for overseas deployment, including actual, moral, exemplary
and other forms of damages.
8. Wage distortion disputes in unorganized establishments.
9. Enforcement or annulment of compromise agreements.
10. All other claims arising from employer-employee
relations, except claims for EC, SSS, medicare and maternity
benefits.
Note: (a) Voluntary Arbitrators are vested with authority to hear and
decide ULP and all other labor disputes, upon agreement of the
parties. (Art. 262)
(b) Secretary of Labor and Employment is authorized to
assume jurisdiction over a labor dispute causing or likely to cause a
strike or lockout in an industry indispensable to national interest.
(Art. 263 [g])
6. What is a termination dispute?
It is a controversy over the validity of severance of
employment.
7. Who has jurisdiction over termination disputes?
It depends.
General Rule: Labor Arbiter
Exceptions:
(a) Disputes involving termination of corporate officers.
(RTC)
(b) Disputes arising from interpretation or implementation
of CBA. (Voluntary Arbitrator through grievance machinery)
(c) Disputes arising from interpretation or enforcement of
company personnel policies. (same of [b])
Note: (1) Under (b) if accompanied with actual termination of
employee, Labor Arbiter has jurisdiction.
(2) Under (c) if company personnel policies are punitive in
character, Labor Arbiter has jurisdiction.
8. Who has jurisdiction over money claims of employees?
It depends.
If accompanied with reinstatement, Labor Arbiter has
jurisdiction regardless of the amount involved.
If without reinstatement:
a. claim exceeds P5,000 LA
b. claim does not exceed P5,000 Regional Director of
DOLE
Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman
9. Who has jurisdiction for money claims of Migrant Workers?
Under Sec. 10, RA 8042 - Migrant Workers Act of 1995,
Labor Arbiter has jurisdiction.
10. Rules on filing money claims against an employer.
(a) if money claims falls within Labor Code, CBA or any
other labor laws and statutes LA
(b) if money claims falls within Civil Code regular courts
11. Who has jurisdiction over money claims of corporate officers?
The RTC has jurisdiction (before it was SEC), provided it is
a corporate controversy within the contemplation of the Corporation
Code.
To determine if its a corporate controversy, concurrent
factors should be considered such as the status or relationship of the
parties or the nature of the question that is the subject of the
controversy. (Mainland Construction vs. Movilla)
12. Jurisdiction for claim of damages
To be cognizable by the Labor Arbiter, it must have a
reasonable causal connection with any of the claims
provided for in Art. 217.
(a) arising from negligence of a co-worker regular courts
(falls under quasi-delicts)
(b) breach of contract of employment regular courts
- In the case of Singapore Airlines vs. Pano, breached of
training programs at the expense of airline is for liquidated
damages for breach of contractual obligations hence within the
purview of Civil Code.
(c) arising from malicious prosecution - regular courts
(d) arising from slanderous remarks of a corporate officer
regular courts
13. Jurisdiction for cases arising from violation of Art. 264
The Labor Arbiter has original and exclusive jurisdiction.
The jurisdictional grant has two aspects:
(a) cases arising for violation of Art. 264
(b) over questions involving legality of strikes and lockouts
However, since the jurisdictional grant over (a) raises certain
debatable issue on the call for injunctive relief, Art. 218 (e)
provides that the power to issue injunction falls within the
jurisdiction of NLRC not with the Labor Arbiters.
14. Jurisdiction for all other claims arising from employer-
employee relations
The reasonable causal connection doctrine must be employed.
There must be connection between the claim asserted and the
employer-employee relations. Labor Arbiters has original and
exclusive jurisdiction.
However, under Art. 128 in the exercise of visitorial and
enforcement powers of the Secretary of Labor, only the latter
can exercise jurisdiction over cases therein, regardless of the
amount involved.
15. Jurisdiction for Wage Distortion disputes
It depends whether the company is organized or
unorganized.
(a) organized or with CBA Voluntary Arbitrator
(b) unorganized or without CBA Labor Arbiter
16. What are the powers of NLRC?
(a) Rule-making power
(b) Investigative power
(c) Contempt Power
(d) Injunctive power
(e) Ocular Inspection
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For the injunctive power, it is conditioned upon the
existence of labor dispute. Without a labor dispute, the
authority to issue injunction belongs to the regular courts.
17. What is a labor dispute?
Any controversy concerning terms and conditions of
employment or the association or representation of persons in
negotiating, fixing, maintaining, charging or arranging the terms and
conditions of employment, regardless of whether the disputants stand
in the proximate relation of employer and employee.
18. What are the procedural requisites of Labor Injunction?
(a) Verified petition alleging the acts, which if not
restrained or performed forthwith, may cause grave or irreparable
damage.
(b) Personal notice served to all known persons against
whom relief is sought.
(c) Hearing.
19. What are the substantive requisites of Labor Injunction?
(a) Prohibited or unlawful acts have been threatened and
will be committed and will be continued unless restrained.
(b) Substantial and irreparable injury to complainants
property will follow.
(c) Greater injury will be inflicted upon complainant by a
denial of relief than will be inflicted upon defendant by granting the
relief.
(d) No adequate remedy at law.
(e) The public officers charged with the duty to protect
complainants property are unable or unwilling to furnish adequate
protection.
Injury is considered irreparable if it is of such constant and
frequent recurrence that no fair and reasonable redress can be
had therefor in a court of law.
Remedy is considered adequate if it affords relief with
reference to the matter in controversy and which is
appropriate to the particular circumstances of the case.
Temporary restraining order is not synonymous with labor
injunction.
Labor injunction requisites for procedural and substantive
aspects must be strictly complied with since it is disfavoured
by law.
Labor injunction cannot be issued ex parte unlike in TRO
with the proviso of compliance of the conditions set forth by
law.
TRO has a non-extendible lifetime of 20 days.
Labor injunction from NLRC is NOT the proper remedy
against employee dismissal. (PAL vs. NLRC)
20. Can a strike be enjoined by NLRC?
General rule: No, even if it is illegal.
Exceptions:
(a) if declared against an industry indispensable to national
interest Secretary of Labor may assume jurisdiction or certify the
dispute for compulsory arbitration (NLRC).
(b) if staged by employees who are not accorded with the
right to strike.
(c) if declared under intra or inter-union disputes.
21. Can a disciplinary proceeding be enjoined by NLRC?
No, the investigation and imposition of disciplinary action
against erring employees is a function that solely and exclusively
belongs to an employer.
22. Rules for Compromise Agreement
Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman
It is conclusive, valid and binding between the parties
eventhough it is not yet approved by Labor Arbiter.
It includes even when there is already a final judgment.
(Olaybar vs. NLRC)
In case of violation of a compromise agreement, the
remedies are: (a) enforcement or (b) rescission.
In case of violation of compromise judgment, the remedies
are (a) motion for execution, in case of non-compliance; (b)
action to annul or (c) petition for relief of judgment under
Rule 38 of the ROC.
The reduction of attorneys fees in the compromise agreement
does not bar to its approval. (Jesalva vs. Bautista)
23. What are the requirements for a valid quitclaim?
(a) Voluntarily arrived by parties.
(b) With the assistance of BLR or any representative of
DOLE.
(c) Consideration must be reasonable, without fraud or
deceit and not contrary to public policy, morals or good customs.
24. Can non-lawyers appear before NLRC? Are they entitled to
attorneys fees?
Non-lawyers may appear before NLRC or any Labor
Arbiter only if:
(a) he represents himself as party to the case
(b) he represents a legitimate labor organization which is a
party to the case
(c) he represents a member of a legitimate labor
organization
(d) he is a duly-accredited member of any legal aid office
duly recognized by DOJ or IBP
(e) he is the owner or president of a corporation which is a
party to the case
Non-lawyers are not entitled to attorneys fees because
entitlement to attorneys fees presupposes the existence of attorney-
client relationship.
25. What is the remedy from adverse decision of Labor Arbiter?
What are the periods?
The proper remedy from adverse decision of the Labor
Arbiter is not a motion for reconsideration but appeal.
(a) appeal from decisions or orders of Regional Director
under Art. 129 5 calendar days from receipt
(b) appeal from decisions or orders of the Labor Arbiter
10 calendar days from receipt
26. What are the grounds for appeal?
(a) prima facie evidence of abuse of discretion on the part
of the Labor Arbiter or Regional Director
(b) decision, order or award was secured through fraud or
coercion, including graft and corruption
(c) made purely on questions of law
(d) serious errors in the findings of fact are raised which if
not corrected would cause grave or irreparable damage or injury to
the appellant
27. What are the requisites for perfection of appeal?
(a) memorandum of appeal
(b) appeal fee
(c) appeal bond
(d) proof of service to the adverse party
Mere notice of appeal without complying with the other
requisites for perfection of appeal shall not stop the running
of the period for perfecting an appeal.
Memorandum of appeal should mandatorily contain a
certificate of non-forum shopping.
Page 22
 Appeal bond is not required if: (1) there is no monetary
award; (2) it is the employee who appeals a judgment; (3)
appeal questions only the award of damages or attys fees;
and (4) decision appealed from does not state the amount of
the monetary award.
Posting of bond does not stay the reinstatement order of LA.

28. What is the effect of reversal of reinstatement order on

appeal?
(a) if the reinstatement order was carried out the
employer can put an end to such reinstatement once the judgment of
NLRC becomes final and executory.
(b) if the reinstatement order was not carried out
(1) non-reinstatement was brought about by the unjustified
refusal on the part of employer, latter bound to pay the salaries of
employee from notice of LAs decision until its ultimate reversal by
NLRC.
(2) non-reinstatement was brought about by the unjustified
refusal of the employee to report for work, employer is not duty-
bound to pay any salary.
(3) employee did not vigorously pursue his reinstatement,
employer not obliged to pay any salary because employee deemed to
have forfeited his right to reinstatement through waiver or laches.
(4) employer was not able to reinstate employee during
pendency of appeal for reasons not attributable to his fault,
employer cannot be obliged to pay any salary because reinstatement
has become an impossibility.

29. What is the principal task of Bureau of Labor Relations?

Aside from its policy-making functions, its principal task is
now limited to handling inter-union and intra-union conflicts,
registration and cancellation of registration of labor organizations,
particularly those involving federation, national unions or industry
unions.
Intra-union dispute is a controversy between and among
union members.
Inter-union dispute is a controversy between and among
legitimate labor unions.

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