May 2, 2019
EH402
Esperas
1. Under the law, the parties are required to renegotiate the CBA
when?
2. What will they (the parties) renegotiate?
a. The parties will renegotiate the other provisions of the CBA.
3. When the law speaks of ‘other provisions’, it refers to what?
4. Does this ‘other provisions’ include the representation aspect?
5. When you speak of representation aspect what does it mean?
6. In the course of renegotiation, if they are successfully able to
conclude the renegotiated CBA within 6 months, when shall be the
date of effectivity of these provisions?
7. What is the rule on the effectivity of the renegotiated CBA?
8. Why does the law leave it to the agreement of the parties nalang (if
negotiations extend beyond 6 months)?
a. Might cause undue financial burden on the employer if
retroactive
Camposano
9. Is the registration of the CBA necessary for its validity?
10. Is it necessary for its enforceability?
11. What is necessary for its enforceability?
12. How is ratification of the CBA done?
13. (Lex Circle Constitution – how was it ratified? Vote requirement)
14. What is the significance of registering a CBA?
15. For whose benefit will it inure if the CBA is registered?
16. Explain why it will benefit both the union and employer.
17. How (will it encourage industrial stability)?
a. The employer will be assured that for the next five years,
there will be industrial peace and avoid disruption of
concluded CBA. Usually, if there is a new bargaining agent,
he will want to renegotiate/terminate the CBA
Cagampang
18. In the course of the negotiation or renegotiation of a CBA, it is
unavoidable that the parties will encounter a deadlock in the
bargaining. If there is a bargaining deadlock, what is the remedy
available?
a. Engage in peaceful concerted activities
19. Why will they do that? (Engage in peaceful concerted activities)
20. Can we say that their purpose is in effect to force the employer to
agree to their demands?
21. Would it also be correct that their purpose is to paralyze the
company (in case of strike)?
22. In the same if the employer resorts to a lockout – (what is the
purpose)?
23. Should the workers be paid during the lockout?
24. What is boycott?
25. What are the grounds to strike?
a. Bargaining deadlocks
b. Unfair labor practice
26. What about violation of collective bargaining agreement? Yes
27. So a mere violation of the CBA?
a. Is not considered unfair labor practice. It must be gross
violation of CBA
28. What do you mean by ‘gross violation’?
a. Grave, flagrant or malicious refusal to comply with the CBA
29. Gross violation of the CBA is a ground to strike? YES
30. So if the employer refuses to abide by a raise of salary in the CBA, is
that a ground to strike? -----
31. What is the applicable rules of procedure on strike?
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 32. What is meant by labor or industrial dispute?
- Labor or Industrial Dispute — includes any controversy or matter
concerning terms or conditions of employment or the association or
representation of persons in negotiating the fixing, maintaining, changing or
arranging the terms and conditions of employment, regardless of whether
or not the disputants stands in the proximate relationship of employer and
employee. NCMB
33. In case of ULP, who may file a notice of strike?
SECTION 3. Who may file a notice or declare a strike or lockout or request
preventive mediation. — Any certified or duly recognized bargaining
representative may file a notice or declare a strike or request for preventive
mediation in cases of bargaining deadlocks and unfair labor practices. The
employer may file a notice or declare lockout or request for preventive
mediation in the same cases. In the absence of certified or duly recognized
bargaining representative, any legitimate labor organization in the
establishment may file a notice, request preventive mediation or declare a
strike but only on grounds of unfair labor practice.
34. So you mean to say that notice of strike has to be filed by legitimate
labor organization, it is one that is registered? YES
35. So a mere labor organization is not given the right to strike? YES
36. In case of bargaining deadlock, who may file the notice of strike?
SECTION 3. Who may file a notice or declare a strike or lockout or
request preventive mediation. — Any certified or duly recognized
bargaining representative may file a notice or declare a strike or
request for preventive mediation in cases of bargaining deadlocks
and unfair labor practices. The employer may file a notice or declare
lockout or request for preventive mediation in the same cases. In
the absence of certified or duly recognized bargaining
representative, any legitimate labor organization in the
establishment may file a notice, request preventive mediation or
declare a strike but only on grounds of unfair labor practice.
37. Where will they file the notice of strike or lockout as the case may
be?
SECTION 4. Where to file notice or request. — A notice of strike or lockout
or request for preventive mediation shall be filed with the regional branch
having jurisdiction over the workplace of the union members.
a) Where two or more regional branches have jurisdiction over the
workplace, the Branch that shall first received the notice shall
acquire jurisdiction over the dispute to the exclusion of the other/s.
b) By written agreement
38. Read the contents of these pro-forma notice (in NCMB Rules of
Procedure).
39. How is the NCMB related to the DOLE?
a. It is attached to the DOLE, same way NLRC is also an agency
attached.
40. Is the nature of the industry important to describe in the notice of
strike? Why? Yes to know whether the establishment is
indispensable to national interest
41. Are there establishments indispensable to national interest? YES
42. What about telecommunications? YES
43. Why are they indispensable to national interest?
44. What about airline companies? YES
45. Pharmaceutical companies, are they indispensable? YES
46. Has there been previous recognition of pharmaceutical industries as
indispensable?
47. What do pharmaceutical companies do? Make medicines
48. What about karaoke bars? Entertainment
49. What about banks? Save money
50. Educational institutions? Provide education
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 51. Can the workers go on strike if they are employed in establishments Kinaadman
indispensable to national interest? NO
69. Aside from observing the cooling off period, the law also requires
the union to conduct a strike vote. What is the requirement all
52. What if there is an assumption of jurisdiction?
about?
70. Total members of the union – excluding other employees?
71. Requirements to conduct a valid strike vote?
53. It will require the workers to?
72. Should it be done by secret ballot?
a. Return to work
73. Why?
54. On the part of the employer, it is required to?
a. To prevent the union from unduly influencing the decision
a. Readmit the employees.
of its members.
55. If the workers will defy the return to work?
74. (When you ratified the lex circle constitution, was it done by secret
a. Defiance will constitute committing an illegal act?
ballot?)
56. Can they be the subject of disciplinary action for committing an
75. What will the union do with the results of the strike vote?
illegal act?
76. What is the role of the NCMB in case it decides to supervise the
57. What will be the liability of employer who defies a return to work
conduct?
order?
77. Why do you think the NCM is given the power to supervise the
58. Can not the SOLE cite them in contempt?
secret balloting?
Blanco 78. How long can a strike last under the law?
79. How soon should the results of the strike vote be submitted?
59. Continue reading the requirements in notice of strike.
80. When does this 7 day start to run?
60. Does that have any significance – separate males from females?
81. Is the 7 day period a strike ban?
a. (I don’t know! – Atty)
82. If you do a strike during that period?
61. Is it not that there is observance of cooling off period?
83. When all these mandatory requirement are faithfully complied with,
62. What is this cooling off period?
does that make the strike legal?
84. In the course of the conduct of the strike there is commission of
63. What is the purpose of this cooling off period?
illegal acts, does that make the strike illegal?
64. (What is cooling off period for boyfriend/girlfriend?)
85. So you cannot declare a strike illegal if they commit illegal acts?
65. How do we count the cooling off period, when will it start?
86. Does the AJO (assumption of jurisdiction order) carry with it a
66. If no cooling off period, what is the effect on the strike or lockout?
return to work?
67. If the strike is illegal, what is the effect on the status of employment
87. Can the aggrieved parties file a motion to reconsider an AJO?
on the officer and members of the union?
88. Will the filing of the motion to recon suspend the AJO?
a. (This is a simple question that has been repeated many,
89. How is an AJO served on the parties?
many times during the bar examinations – Atty.)
90. Similar to service of summons?
68. There can be commissions on illegal act in what instances, for
91. How is summons served?
example?
92. Is it immediately executory or effective only after 24 hours?

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De Asis 113. How do you restrain commission of these illegal acts? What
do you file with the NLRC?
93. If the SOLE assumes jurisdiction can he now decide and resolve the
a. Petition for injunction
Labor dispute?
114. Why cannot the parties an injunction with the regular
94. What is his other option?
courts?
95. Certify what?
96. To the NLRC for?
Read the revised guidelines on conciliation/mediation
97. When the NLRC are you referring to the commission or arbitration
branch?
a. Commission
98. If the commission tries the labor dispute, do we expect it to render
a decision?
99. In what capacity does the NLRC render that decision? Original or
appellate jurisdiction?
100. Since it is exercising original jurisdiction, will there be an
appeal?
101. Does the LC provide an appeal for the decision?
a. No appeal.
102. Can it be the subject of review?
103. Why is it not Rule 43?
a. Rule 43 expressly excludes decisions under the Labor Code
104. We cannot deprive the SC from reviewing. What is now the
remedy?
105. Certiorari is under whose original jurisdiction?
106. Why not go to the SC directly?
107. Is there an appeal from the decision or order of the NLRC?
a. No more appeal.
108. Where do you go? What is the mode of review? Would it be
certiorari as you earlier mentioned?
109. Under Rule?
110. Where will you go? Can you go to the CA this time?
111. Is there any other instance under the LC when the NLRC
exercises original jurisdiction aside from that? Which also involves
strike?
a. When it involves illegal acts?
112. What remedy is available to bring the matter to the NLRC?

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