1.

What are the kind of employees recognized in the Philippines

a. Regular employees – employees which have been engaged to perform activities which are usually
necessary or desirable in the usual business or trade of the employer who has rendered at least 1 of
service, whether such service is continuous or broken, with respect to the activity in which he is
employed and who is allowed to work after a probationary period.

b. Casual employees – an employee who is engaged to perform a job, work or service which is merely
incidental to the business of the employer, and such job, work or service is for a definite period made
known to the employee at the time of engagement.

c. Project employees – an employee has been fixed for a specific project or undertaking, the completion
or termination of which has been determined at a time of engagement of the employee

d. Seasonal employees – where an employee is engaged to work during a particular season on an activity
that is usually necessary or desirable in the usual business or trade of the employer. During off-season,
the relationship between the employer and employee is not severed; the seasonal employee is merely
considered on leave of absence without pay.

e. Fixed-period employees – where an employee is engaged to work on a specific project or undertaking

which is usually necessary or desirable in the usual business or trade of the employer, the completion of
which has been determined at the time of the engagement of the employee. It is to be noted that not all
fixed-period employees are project or seasonal. They are also not considered regular employees
because his job, as anticipated and agreed, will exist only for a specified period of time.

f. Probationary employees – 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 his engagement. A probationary employee is
one who is under observation by an employer to determine whether or not he is qualified for
permanent employment.

2. Exhaustively explain who are special kinds of employees

a. Apprentice- Any worker who is covered by a written apprenticeship agreement with an individual
Employer or any of the entities recognized under the Labor Code.

It covers apprenticeable occupations which are any trade, form of employment or occupation which
requires more than 3 months of practical training with theoretical instruction officially endorsed by the
tripartite body and approved for apprenticeship by the TESDA. It requires for proficiency, more than 3
months but not over 6 months of practical training on the job. But unlike learners, it does not have a
promise of employment.

b. Learners- They are persons hired as trainees in semi-skilled and other industrial occupations which are
non apprenticeable and which may be learned through practical training on the job in a relatively short
period of time, which shall not exceed 3 months, whether or not practical training is supplemented by
theoretical instructions.

c. Persons with disability- Those whose earning capacity is impaired by: physical deficiency, age, injury,
disease, mental deficiency, or illness. They may be employed when their employment is necessary to
prevent curtailment of employment opportunities and when it will not create unfair competition in
labor costs or lower working standards. They are entitled to not less than 75% of the minimum wage.

3. Explain and provide the three categories of employees? What are the three types of managerial
employees?

a. Rank-and-file employees- refers to an employee who does not fall under the definition of managerial
and supervisory employee.

b. Managerial employees- refers to an employee who is vested with power or prerogatives to lay down
and execute management policies and/or to hire, transfer, suspend, lay-off, recall, discharge, assign or
discipline employees.

There are three types of managerial employees:

1. Top Management- This is composed of a comparatively small group of executives. It is

responsible for the overall management of the organization. It establishes operating polices and
guides the organization’s interactions with its environment.

2. Middle Management- This refers to more than one level in an organization. Middle managers
direct the activities of other managers and sometimes also those of operating employees. The
middle managers’ principal responsibilities are to direct the activities that implement their
organization’s policies and to balance the demands of their superiors with the capacities of their
subordinates.

3. First-Line management- This is the lowest level in an organization at which individuals are
responsible for the work of others. First-line managers direct operating employees only; they do
not supervise other managers.

c. Supervisory employees- refers to an employee who, in the interest of the employer, effectively
recommends managerial actions if the exercise of such authority is not merely routinary or clerical in
nature but requires the use of independent judgement.

4. Explain the instances when an employee’s services or employment may be terminated lawfully.

- the following are the JUST CAUSES of dismissal by employer:

a. Serious misconduct

- the transgression of some established and definite rule of action, a forbidden act, a dereliction of duty,
willful im character and implies wrongful intent and not mere error in judgment

- requisites:

(i) there must be misconduct

(ii) the misconduct must be grave and aggravated

(iii) there must be a showing that the employee becomes unfit to continue working for the employer
b. Willful disobedience or insubordination

- requisites:

(i) there must be disobedience or insubordination

(ii) the disobedience or insubordination must be willful or intentional characterized by a wrongful or

perverse attitude

(iii) the order violated must be reasonable, lawful and made known to the employee, and

(iv) the order must pertain to the duties which he has been engaged to discharge

c. Gross and habitual neglect of duties

- the neglect of duties must not only be gross but also habitual and work-related

- GROSS NEGLECT: an absence of that diligence that and ordinary prudent man would use in his own
affairs; HABITUAL NEGLECT: implies a repeated failure to perform one’s duties over a period of time,
depending upon the circumstances

- forms of neglect of duty:

(i) habitual tardiness and absenteeism

(ii) abandonment of work

(a) failure to report for work or absence without valid or justifiable reason

(b) clear intention to severe employer-employee relationship being manifested by some overt acts

- requisites:

(i) there must be neglect of duty

(ii) the negligence must be both gross and habitual in character

d. Fraud or willful breach of trust

- FRAUD or DOLO consists in the conscious and intentional proposition to evade the normal fulfillment
an obligation. Commission of fraud by an employee against the employer will necessarily result in the
latter’s lost of trust and confidence in the former

- WILLFUL BREACH OF TRUST which is done intentionally, knowingly and purposely, without justifiable
excuse. The breach must be work-related and committed against the employer or his representative

- requisites:

(i) there must be an act, omission or concealment

(ii) the act, omission or concealment involves a breach of legal duty, trust or confidence justly reposed
(iii) it must be committed against the employer or his/her representative

(iv) it must be in connection with the employee’s work

- Loss of confidence, requisites:

(i) there must be an act, omission or concealment

(ii) the act, omission or concealment justifies the loss of trust and confidence of the employer to the
employee

(iii) the employee concerned must be holding a position of trust and confidence

(iv) the loss of trust and confidence should not be simulated

(v) it should not be used as a subterfuge for causes which are improper, illegal or unjustified

(vi) it must be genuine and not a mere afterthought to justify such

e. Commission of a crime or offense

- refers to an offense by an employee against the person of his employer or any immediate member of
his family or his duly authorized representative and thus, the conviction of s crime involving moral
turpitude is not analogous as an element of relation to his work or to his employer is lacking

- requisites:

(i) there must be an act or omission punishable by law

(ii) it was committed against any of the following

(a) his employer

(b) any immediate member of employer’s family

(c) his employer’s duly authorized representative

f. Analogous cases

- must be due to the voluntary and/or willful act or omission of the employee

- requisites:

(i) there must be an act or omission similar to those specified just causes

(ii) the act or omission must be voluntary and/or willful on the part of t(e employee

- the following are the AUTHORIZED CAUSES of dismissal by employer:

a. Automation / Robotics
- installation of labor- saving devices

- requisites:

(i) there must be introduction of machinery, equipment or other devices

(ii) the introduction must be done in good faith

(iii) the purpose for such introduction must be valid such as to save cost, enhance efficiency snd other
justifiable economic reasons

(iv) there is no other option available to the employer than the introduction of machinery, equipment or
device and the consequent termination of employment of those affected

(v) there must be fair and reasonable criteria in selecting employees to be terminated

b. Redundancy

- where the services of an employee are in excess of what is reasonably demanded by the actual
requirements of the enterprise

- requisites:

(i) there must be superfluous position or services of employment

(ii) the position or services are in excess of what is reasonably demanded by the actual requirements of
the enterprise to operate in an economical and efficient manner

(iii) there must be good faith in abolishing redundant positions

(iv) there must be fair and reasonable criteria in selecting the employees to be terminated

(v) there must be an adequate proof of redundancy such as but not limited to the new staffing pattern,
feasibility studies/proposal, on the viability of the newly created positions, job description and the
approval by the management of the restructuring

c. Retrenchment

- is reasonably necessary and likely to prevent business losses, which, if already incurred, are not merely
de minimis. But substantial, serious, actual and real, or if only expected, are reasonably imminent as
perceived objectively and in good faith by the employer

- requisites:

(i) the retrenchment must be reasonably necessary and likely to prevent business losses

(ii) the losses, if already incurred, are not merely de minimis, but substantial, serious, actual and real, or
if only expected, are reasonably imminent

(iii) the expected or actual losses must be proved by sufficient and convincing evidence
(iv) it must be in good faith for the advancement of its interest and not to defeat or circumvent the
employee’s right to security of tenure

(v)there must be fair and reasonable criteria in ascertaining who would be dismissed and who would be
retained among the employees, such as status, efficiency, seniority, physical fitness, age and financial
hardship for certain workers

d. Closure or cessation of operation of the establishment or undertaking

- there must be partial cessation of the operations and/or shutdown of the establishment of the
employer. It os carried out to either starve off the financial ruin or promote the business interest of the
employer

- requisites:

(i) there must be a decision to close or cease operation of the enterprise by the management

(ii) the decision was made in good faith

(iii) there is no other option available to the employer except to close or cease operations

e. Disease

- requisites:

(i) the employee is suffering from a disease

(ii) the continued employment of the employee is prohibited by law or prejudicial to his/her health as
well as to the health of his/her co-employees

(iii) there is a certification by the public health authority that the disease is of such nature or at such
stage that it cannot be cured within a period of 6 months even with proper medical treatment.

5. What remedies does an illegally dismissed employee have under labor laws? Provide legal basis.

Under Article 294 of the Labor Code, an illegally dismissed employee is entitled to the following reliefs:

a. Reinstatement without loss of seniority rights and other privileges;

b. Full backwages, inclusive of allowances; and
c. Other benefits or their monetary equivalent.

Other reliefs are:

a. Award of separation pay in lieu of reinstatement.

b. Award of penalty in the form of nominal damages in case of termination due to just or authorized
cause but without observance of procedural due process.
c. Reliefs to illegally dismissed employee whose employment is for a fixed period. The proper relief Is
only the payment of the employee’s salaries corresponding to the unexpired portion of the mployment
contract.
d. Award of damages and attorney’s fees.
e. Award of financial assistance in cases where the employee’s dismissal is declared legal but because of
long years of service, and other considerations, financial assistance is awarded.
f. Imposition of legal interest on separation pay, backwages and other monetary awards.

6. Distinguish separation pay from retirement pay.

Separation pay- refers to the amount due to the Employee who has been terminated from service for
causes authorized by law such as the installation of labor-saving losses or the closing or cessation of
operation of the establishment or undertaking.

Retirement pay- It is the result of a bilateral act of the parties, a voluntary agreement between the
Employer and the Employee whereby the latter after reaching a certain age agrees and/or consents to
sever his employment with the former.

7. Can an employee avail simultaneously separation pay from retirement pay?

Yes, an employee may avail simultaneously separation pay and retirement pay.

8. Are there any instance when separation pay can be paid together with retirement pay? Provide
legal bases.

In the case of Goodyear Philippines, Inc. vs. Marina L. Angus, the Supreme court held that: It is worthy to
mention at this point that retirement benefits and separation pay are not mutually exclusive.
Retirement benefits are a form of reward for an employee's loyalty and service to an employer and are
earned under existing laws, CBAs, employment contracts and company policies. On the other hand,
separation pay is that amount which an employee receives at the time of his severance from
employment, designed to provide the employee with the wherewithal during the period that he is
looking for another employment and is recoverable only in instances enumerated under Articles 283 and
284 of the Labor Code or in illegal dismissal cases when reinstatement is not feasible. In the case at bar,
Article 283 clearly entitles Angus to separation pay apart from the retirement benefits she received from
petitioners.

9. State and explain the state policies on labor Relations.

a. State Policies under Art. XII, Sec. 3 of the 1987 Constitution:

(i) self-organization

(ii) collective bargaining and negotiation

(iii) peaceful and concerted activities including the right to strike in accordance with law, and

(iv) participate in policy and decision-making processes affecting their rights and benefits as may be
provided by law

b. State Policies under Art. 218 of the Labor Code

(i) to promote and emphasize the primacy of free collective bargaining and negotiations, including
voluntary arbitration, mediation and conciliation, as modes of settling dlabor or industrial disputes
(ii) to promote free trade unionism as an instrument for the enhancement of democracy and the
promotion of social justice and development

(iii) to foster the free and voluntary organization of a strong and united labor movement

(iv) to promote the enlightenment of workers concerning their rights and obligations as union members
and as employees

(v) to provide an adequate administrative machinery for the expeditious settlement of labor or industrial
dispute

(vi) to ensure a stable but dynamic and just industrial peace

(vii) to ensure the participation of workers in decision and policy-making processes affecting their rights,
duties and welfare

(viii) to encourage a truly democratic method of regulating the relations between the employers and
employees by means of agreements freely entered into through collective bargaining.

10. Explain and discuss all the QUASI-JUIDICIAL bodies which exercises jurisdiction over LABOR cases.
Be exhaustive and provide legal basis.

a. Labor Arbiter

(i) Original and Exclusive jurisdiction

a. Unfair labor practice cases;

b. Termination disputes;

c. If accompanied with a claim for reinstatement, those cases that workers may file involving wages, rate
of pay, hours of work and other terms and conditions of employment;

d. Claims for actual, moral, exemplary and other forms of damages arising from the employer-employee
relations;

e. Cases arising from any violation of Article 264 of this Code, including questions involving the legality of
strikes and lockouts; and

f. Except claims for employees compensation, social security, medicare and maternity benefits, all other
claims arising from employer-employee relations, including those of persons in domestic or household
service, involving an amount exceeding five thousand pesos (P5,000.00), whether or not accompanied
with a claim for reinstatement.

g. Wage distortion disputes in unorganized establishments not voluntarily settled by the parties
pursuant to RA 6727

h. Cases arising from violation of Art. 278 including questions involving the legality of strikes and
lockouts

i. Contested cases under the exception clause of Art. 128 (b) of the Labor Code
j. Enforcement of compromise agreements when there in non-compliance by any of the parties pursuant
to Art. 233

k. Issuance of writ of execution to enforce decision of voluntary arbitrators or panel of voluntary

arbitrators for any reason

l. Other cases as may be provided by law

b. National Labor Relations Commission

(i) Exclusive and Original jurisdiction

a. Cases certified to it for compulsory arbitration by the SOLE under Art. 278 (g) or the President under
Art. 279 (a)

b. Petition for injunction in:

(1) ordinary labor cases

(2) strikes and lockouts

c. Contempt cases

d. Petition to annul or modify the order or resolution (including those issued during execution
proceedings) of the labor arbiter

(ii) Exclusive Appellate jurisdiction

a. Cases all cases decided by the labor arbiters

b. Cases decided by the DOLE Regional Offices or hearing officers in the exercise of its adjudicatory
function under Art. 129over monetary claims of workers amounting to more than 5,000

c. Contempt cases decided by the labor arbiters

c. Bureau of Labor Relations

(i) Exclusive and Original jurisdiction

a. Inter-union conflicts (also known as representation/certification election conflicts)

b. Intra-union conflicts

c. Other related labor relations disputes

d. Contempt cases

(ii) Exclusive and Original jurisdiction of BLR directors

a. Complaints and petitions involving the registration or cancellation of registration of federations,
national unions, industry union, trade union centers and their local chapters, affiliates and member
organizations

b. Request for examination of books of accounts of said labor organizations under Art. 289 of the Labor
Code

c. Intra-union disputes involving said labor organizations

d. Contempt cases

(iii) Exclusive Appellate jurisdiction of BLR directors

a. All decisions of the Med-Arbiter in:

(1) intra-union disputes, and

(2) other related labor relations disputes

b. All decisions originating from the DOLE Regional Director in cases falling under their original
jurisdiction as enumerated

d. National Conciliation and Mediation Board

e. DOLE Regional Directors

(i) Exclusive and Original jurisdiction

a. Petition for cancellation of registration of independent unions, local chapters and worker’s association

b.petition for de-registration of CBAs

c. Request for examination of books of accounts of said labor organizations under Art. 289 of the Labor
Code

d. Labor standards enforcement cases under Art. 128

e. Small money claims arising from labor standards violations in the amount not exceeding 5,000.00 and
not accompanied with a. Claim for reinstatement under Art. 129

f. Occupational safety and health provisions

g. Complaints against recruitment and placement agencies for local employment

h. Cases submitted for voluntary arbitration in their capacity as ex-officio voluntary arbitrators under DO
83-07, series of 2007

f. DOLE Secretary
(i) Appellate jurisdiction

a. Appeal from the DOLE Regional Director

b. Appeal from the med-arbiters

c. Appeal from the director of the BLR

d. Appeal from the POEA

g. Voluntary Arbitrator

(i) Exclusive and Original jurisdiction

a. All unresolved grievances arising from the interpretation and implementation of CBA

b. All unresolved grievances arising from the implementation or enforcement of company personnel
policies

c. All wage distortion issues arising from the application of any wage orders in organized establishments

d. All unresolved grievances arising from the interpretation and implementation of the productivity
incentive programs under RA 6791

(ii) Jurisdiction under Art. 274 of the Labor Code

a. Unresolved grievances arising from the interpretation or implementation of the CBA

b. Unresolved grievances arising from the interpretation or enforcement of company personnel policies

c. Violations of the CBA which are not gross in character

d. Other labor disputes, including ULP and bargaining deadlocks, upon agreement of the parties

e. National interest cases

f. Wage distortion issues arising from the application of any wage orders in organized establishments

g. Unresolved grievances arising from the interpretation and implementation of the productivity
incentive programs under RA 6971

(ii) Concurrent jurisdiction

- the voluntary arbitrator, upon agreement of the parties, shall also hear and decide all other labor
disputes including ULP and bargaining deadlocks. Before or any stage of compulsory arbitration process,
parties to a labor dispute may agree to submit their case to voluntary arbitrator.

11. Explain and provide the jurisdiction of labor arbiters.

(i) Original and Exclusive jurisdiction

a. Unfair labor practice cases;

b. Termination disputes;

c. If accompanied with a claim for reinstatement, those cases that workers may file involving wages, rate
of pay, hours of work and other terms and conditions of employment;

d. Claims for actual, moral, exemplary and other forms of damages arising from the employer-employee
relations;

e. Cases arising from any violation of Article 264 of this Code, including questions involving the legality of
strikes and lockouts; and

f. Except claims for employees compensation, social security, medicare and maternity benefits, all other
claims arising from employer-employee relations, including those of persons in domestic or household
service, involving an amount exceeding five thousand pesos (P5,000.00), whether or not accompanied
with a claim for reinstatement.

g. Wage distortion disputes in unorganized establishments not voluntarily settled by the parties
pursuant to RA 6727

h. Cases arising from violation of Art. 278 including questions involving the legality of strikes and
lockouts

i. Contested cases under the exception clause of Art. 128 (b) of the Labor Code

j. Enforcement of compromise agreements when there in non-compliance by any of the parties pursuant
to Art. 233

k. Issuance of writ of execution to enforce decision of voluntary arbitrators or panel of voluntary

arbitrators for any reason

l. Other cases as may be provided by law

12. Explain the term Labor Relations.

it is the interactions between employer and employees or their representatives, and the mechanism by
which the standards and other terms and conditions of employment are negotiated, adjusted and
enforced.

13. Enunciate on the Right to Self Organization with respect to Labor Relations.

- the extent of the right to self-organization

(i) to form, join and assist labor organizations for the purpose of collective bargaining through
representatives of their own choosing, and

(ii) to engage in lawful concerted activities for the same purpose or for their mutual aid and protection
- this right may not be bargained away. It must be upheld in the absence of express provision of law to
the contrary. It cannot be curtailed by a CBA.
- the right to join starts from the first day of employment, whether the employee is employed for a
definite period or not
14. Who may exercise the Right to Self Organization? Is this an absolute Rule? Any exception.

- the following may join, form or assist a labor organization for collective bargaining purposes:
a. In private sector
(i) all persons employed in commercial, industrial and agricultural enterprises
(ii) employees of government-owned and/or controlled corporations without original charters
established under the Corporation Code
(iii) employees of religious, charitable, medical or educational institutions, whether operating for profit
or not
(iv) front-line managers, commonly known as supervisory employees
(v) alien employees
(vi) working children
(vii) homeworkers
(viii) employees of cooperatives
(ix) employees of legitimate contractors – not with the principals but with the contractors

b. In public sector
- all rank-and-file employees of all branches, subdivisions, instrumentalities and agencies of government,
including government owned and/or controlled corporations with original charters, can form, join or
assist employees’ organizations for their own choosing

- the following persons are not allowed to join, form or assist a labor organization:
a. In private sector
(i) managerial employees
(ii) confidential employees

b. In public sector
(i) high-level employees whose functions are normally considered as policy making or managerial or
whose duties are of s highly comfidential nature
(ii) members of the Armed Forces of the Philippines
(iii) police officers
(iv) policemen
(v) firemen
(vi) jail guards

15. Are employees in the public service entitled to exercise their Right to Self-Organization? Explain
with legal basis.

- General Rule: all government employees can form, join or assist employees’ organizations of their own
choosing for the furtherance and protection of their interests. They can also form labor management
committees, work councils and other forms of workers’ participation schemes to achieve the same
objectives (as provided for under EO 180, Sec. 1)

- Exceptions are the following:

(i) high-level employees whose functions are normally considered as policy-making or managerial or
whose duties are of a highly confidential nature (as provided for under EO 180, Sec. 3), and
(ii) members of the Armed Forces of the Philippines, including police officers, policemen, firemen and jail
guards (as provided for under EO 180, Sec. 4)

- employees of government corporations incorporated under the Corporation Code and registered with
SEC are governed by the Labor Code and not by EO 180. Thus, they are allowed to organize, since:
(i) they are not involved in public service
(ii) terms of employment are not fixed by law

16. Discuss the “CONFIDENTIAL EMPLOYEE” doctrine.

- are those who meet the following criteria:

a. They assist or act in a confidential capacity

b. To persons or officers who formulate, determine and effectuate management policies, specifically in
the field of labor relations

- the 2 criteria are cumulative and both must be met if an employee is to be considered a “confidential
employee” that would deprive him of his right to form, join or assist a labor organization

- they may be a rank-and-file or supervisory employee but because in the normal course of his duties, he
becomes aware of management policies, relating to labor relations, he is not allowed to assist, form or
join a rank-and-file union or supervisory union, as the case may be. To allow him to join a union would
give rise to a potential conflict of interest.

- however, mere access of an employee to confidential labor relations information which is merely
incidental to his duties, and therefore, knowledge is not necessary in the performance of said duties,
does not make such employee a confidential employee. And access to information which is regarded by
the employer as confidential from the business standpoint, such as financial information or technical
trade secrets, will not render an employee a confidential employee.

- an employee may not be excluded from an appropriate bargaining unit merely because he has access
to confidential information concerning the employer’s internal business operations which is not related
to the field of labor relations

17. Provide and explain the kinds and purpose of labor organizations

- the following are the purposes of forming labor organizations:

(i) to secure fair and just wages and good working conditions for the laborers

(ii) to protect labor against the unjust exactions of capital

- the following are the kinds of labor organizations:

(i) National Union/ Federation

- any labor oragnization with at least 10 locals/chapters each of which must be a duly certified or
recognized collective bargaining agent
(ii) Industry Union
- group of legitimate labor organizations within an identified industry, organized for collective bargaining
or for dealing with employers concerning terms and conditions of employment within an identified
industry or for participating in the formulation of social and employment policies, standards and
programs in such industry registered with DOLE

(iii) Trade Union Center

- group of registered national unions or federations organized for the mutual aid and protection of its
members and for assisting such members in collective bargaining or for participating in the formulation
of social and employment policies, standards and programs duly registered with the adepartment

(iv) Alliance
- aggregation of unions existing in one line of industry or in a conglomerate, a group of franchisees, a
geographical area, or an industrial center

(v) Company Union (inside unions)

- a labor organization which, in whole or in part, is employer-controlled or employer-denominated

18. Discuss the necessary rectitudes and attachments in establishing a legitimate labor organization.

- a legitimate labor organization (LLO) is any labor organization which is duly registered with the DOLE.
The term includes a local/chapter directly chartered by a legitimate federation or national union which
has been duly reported to the Department in accordance with Sec. 2, Rule VI, Book V of the
Implementing Rules
- it is to be noted that not every LLO can act as a bargaining representative and be certified as such. This
is true only of a union that has won in certification election or has been voluntarily recognized by the
employer
- the following are the rights of a LLO:
(i) undertake activities for the benefit of the organization and its members
(ii) to sue and be sued
(iii) to be certified as the exclusive representative of all employees
(iv) to represent union members for collective bargaining
(v) to be furnished by employers of audited financial statements
(vi) to own properties, and
(vii) to be exempted from taxes
- the following are the reportorial requirements to be submitted to the Bureau by the legitimate labor
organization:
(i) constitution and by-laws or amendments thereto, minutes of ratification, and the list of members
who took part in the ratification of the constitution and by-laws within 30 days from adoption or
ratification of the constitution and by-laws or amendments thereto
(ii) list of officers, minutes of the election of officers and list of votes within 30 days from election
(iii) list of members at least once a year or whenever required by the Bureau
(iv) annual financial report within 30 days after the close of every fiscal year

19. What is a Sole and exclusive bargaining unit? Exhaustively explain and provide all the different
instances a Bargaining Unit is determined. Provide an illustration for each instance.
- this refers to a legitimate labor union duly certified as the sole and exclusive bargaining representative
or agent of all the employees in a collective bargaining unit (CBU). A labor union certified as SEBA means
that it shall remain as such during the existence of the CBA, to the exclusion of all other legitimate labor
organizations existing and operating in the same CBU, and no PCE questioning its majority status shall
be entertained nor shall certification election be conducted outside of the 60-day freedom period
immediately before the expiry date of the 5-year term of the CBA. Once certifies, what is represented by
the SEBA are not only its members but also those who are members of other unions, called “minority”
unions, who are included in the CBU.
- the SEBA of the employees in a CBU may be determined through any of the following modes:
(i) Request for SEBA Certification (which repealed and replaced Voluntary Recognition as a mode of
securing SEBA status)
- will only be granted if what is involved is an unorganized establishment with inly 1 legitimate union. It
will not be granted and instead, a certification election will be conducted, in case the Request is made in
(a) an unorganized establishment with 1 LLO, and (b) an organized establishment with an existing SEBA.
This is as it should be because with multiple unions is present in the CBU, the SEBA cannot be designated
on the basis of a mere Request by one of them but only through the democratic process of certification
election involving all of them

(ii) Certification Election

- may be classified as follows:
a. Single union election (when there is only 1 union in contention)
- refers to a situation where only 1 LLO files a PCE to be certified as the SEBA in the appropriate CBU
where it seeks to operate and which it desires to represent. Its opponent is the “no union”vote, a choice
which is always available to all electoral exercises, except run-off election
b. Multi-union election (when there are 2 or more unions in contention)
- which may result to other kinds of election such as consent election, run-off election or re-run election

(iii) Consent Election

- where the 2 or more contending unions voluntarily and mutually agree to hold the certification
election among themselves , with or without the participation and supervision of DOLE

(iv) Run-off Election

- when at least 3 or more unions are involved in the certification election and not one of them has
garnered the majority of the valid votes cast hut the total cotes of all the contending unions is
equivalent to at least 50% of the valid votes cast
- to illustrate, in a certification election involving 4 unions namely: Union A, Union B, Union C and Union
D, where there are 100 eligible voters who validly cast their votes and the votes they each garnered are
as follows: Union A – 35; Union B – 25; Union C – 10; Union D – 15; No Union – 15, a run-off election
may be conducted between Union A and Union B because:
(i) not one the unions mustered the majority vote of 51 votes but Union A and Union B got the first two
highest number of votes
(ii) if all the votes for the contending unions are added up, it will result in at least 50% of valid votes cast
(Unions A, B, C and D for a total of 85 or 85%), and
(iii) there are no objections or challenges which, if sustained, can materially alter the results of the
election

(v) Re-run Election

- when there is a tie or failure of election in a certification election involving 2 or more unions thereby
necessitating the conduct of another election called re-run elections

20. What is meant by a Certification Election? Who is entitled to file a petition for certification
election?

CERTIFICATION ELECTION refers to the process of determining through secret ballot the sole and
exclusive bargaining agent (SEBA) of the employees in the appropriate CBU for purposes of collective
bargaining or negotiations. It only conducted upon the order of the the Med-Arbiter of the BLR. It is the
most democratic method of determining the choice of the employee of their bargaining representative.
It is held to endure that the employees are properly represented in the exercise of their right to
collective bargaining with their employer. No obstacle must be placed to the holding of a certification
election for it is the statutory policy that it should not be circumvented. It is not a litigation proceeding
in the sense in which term is commonly understood. It is a mere investigation of a non-adversary fact-
finding character in which the DOLE plays a part of a disinterestedninvestigator seeking merely to
ascertain the desires of the employees. It is not therefore bound by the technical rules of evidence. And
in case o doubt, the petition for certification election should be resolved in favor of the holding o a
certification election

- the petition for certification election (PCE), by any legitimate labor organization including a national
union or federation that has issued a charter certificate to its local/chapter or the local/chapter itself, or
by an employer, when requested to bargain collectively in a bargaining unit where no collective
bargaining agreement exists.

21. State all the instances when no certification election may be held.

a. The petitioning union or national union or federation is not listed in the DOLE’s registry of legitimate
labor unions or that its registration certificate has been cancelled with finality
b. Failure of a local chapter (or chartered local) or national union/federation to submit a duly issued
charter certificate upon filing of the PCE
c. In an organized establishment, the failure to submit 25% consent signature requirement to support
the filing of the PCE
d. Non-appearance of the petitioner for 2 consecutive scheduled conferences before the Mediator-
Arbiter despite due notice
e. Absence of employer-employee relationship between all the members of the petitioning union and
the establishment where the proposed CBU is sought to be represented
f. Violation of the various bar rules (those which are meant to limit employee free choice in order to
promote industrial stability):
(1) Contract Bar Rule
- once a CBA is duly registered and validly subsisting, the BLR should not entertain any PCE or any other
action which may disturb the administration of the duly registered existing CBA. Neither party should
terminate nor modify such agreement during its lifetime. Inter-union electoral contests are therefore
not allowed.
- for the entire 5-year lifetime of the CBA, no petition questioning the majority status of the incumbent
bargaining agent shall be entertained and no certification election shall be conducted by the DOLE
outside the 60-day period immediately before the date of expiry of such 5 year term of the CBA

(2) Statutory Bar Rule

- the Rules to Implement the Labor Code embody a rule that bars the filing of a PCE within a period of 1
year from the date of a valid conduct of a certification, consent, run-off or re-run election where no
appeal on the results thereof was made. If there was such an appeal from the order of the Med-Arbiter,
the running of the 1 year period is deemed suspended until the decision on the appeal has become final
and executory.

(3) Certification Year Bar Rule

- this rule prevents the holding of s new certification election until the parties have had 1 to bargain
- when PCE is filed within 1 year reckoned snd conducted
(i) from the date the SEBA certification is issued by the DOLE Regional Director in cases of Request for
SEBA Certification filed in an unorganized establishment with only 1 legitimate labor organization, or
(ii) from the date of issuance of certification as SEBA and not from the date of the conduct of valid
certification, consent, run-off or re-run election

(4) Negotiations Bar Rule

- no PCE should be entertained from the moment the SEBA and the employer have commenced and
sustained negotiations in good faith in accordance with Art. 261 of the Labor Code within the period of 1
year from the date if a valid certification, consent, run-off, or re-run election or from the date of the
SEBA Certification by the DOLE Regional Director in cases for Request for SEBA Certification, which
replaced the mode of Voluntary Recognition

(5) Bargaining Deadlock Bar Rule

- refers to a situation where there is a failure in the collective bargaining negotiations between the SEBA
and the employer resulting in an impasse or stalemate. This happens when, despite their efforts at
bargaining in good faith, the parties have failed to resolve the issues and it appears that there are no
other definite options or plans in sight to break the standoff. Simply stated, there is deadlock when
there is a complete blocking or stoppage in the negotiation resulting from the action of equal and
opposing forces

22. How and when should a Certification Election be undertaken in an organized establishment? How
about in an UN-ORGANIZED establishment?

a. In an Organized establishment, the following requisites must be met:

(i) that the PCE questioning the majority status of the incumbent bargaining agent is filed before the
DOLE within the 60-day freedom period
- it is only during this period that a PCE may be filed by a challenging union. I5 cannot be a day before or
after this period. If it is filed a day earlier or longer, then it is considered prematurely filed. If it is a day
after or longer, then it is considered belatedly filed. The 60-day period is strictly observed in determining
the validity of the filing of the petition

(ii) that such PCE is verified

- as per the Implementing Rules, the PCE is required to be in writing and verified under oath by any of
the following:
(1) by the president of petitioning labor organization, if filed by the independent union or local
chapter/chartered local
(2) by the president or duly authorized representative of the federation or national union, if filed by a
federation or national union in behalf of its local chapter or afgiliate
(3) by the president ir any corporate officer who is authorized by the board of directors , if filed by the
owner

(iii) that the PCE is supported by the written consent of at least 25% of all the employees in the
bargaining unit
- this is to ensure that the petitioning union has a substantial interest in the representation proceedings
and that a considerable number of workers desire their representation by the said petitioning union for
collective bargaining purposes
- the 25% becomes relevant if it becomes mandatory to hold a certification election
- the 25% may not be strictly enforced. Compliance to such need not be established with absolute
certainty. The Med-Arbiter is still empowered to order the conduct of the certification election for the
purpose of ascertaining which of the contending labor organizations should be chosen as the exclusive
bargaining agent

- the period to file the petiton for certification election is

(1) when there is a CBA, the labor organization can file the petition eithin the 60 day freedom period
(contract-bar rule)
(2) when there is no CBA, then the labor organization can file the petition at any time, subject to the
deadlock bar rule

b. In an Unorganized establishment:
- the Med-Arbiter is required to immediately order the conduct of a certification election upon filing
thereof by a legitimate labor organization. The only requirement is that the petitioning union should be
legitimate. The obvious rationale behind the law is to make it easy for employees to self-organize – a
policy which is enunciated in the Constitution and labor laws.
- the period for filing the petition for certification election may be any time, subject however to the one-
election-per-year rule

23. Explain the cardinal rights of an employee in relation to labor law. What rights have direct
significance to Labor Relations?

- the following are the cardinal rights of an employee in relation to labor law
a. Right to self-organization
b. Right to collective bargaining and negotiations
c. Right to peaceful concerted activities, including the right to strike in accordance with law
d. Right to security of tenure
e. Right to humane conditions of work
f. Right to a living wage
g. Right to participate in policy and decision-making processes affecting their rights and benefits as may
be provided by law

- those which have direct significance with labor relations are the following:
a. Right to conduct collective bargaining or negotiations with management
b. Right to self-organization
c. Right to participate in policy and decision-making processes affecting their rights and benefits as may
be provided by law
s. Right to engage in peaceful concerted activities including the right to strike in accordance with law

24. Explain exhaustively the concept of UNFAIR LABOR PRACTICE in Philippine Labor Law.

- ULP violate the constitutional right of workers and employees to self-organization, which are inimical
to the legitimate interests of both labor and management, including their right to bargain collectively
and otherwise deal with each other in an atmosphere of freedom an mutual respect, and disrupt
industrial peace and hinder the promotion of healthy and stable labor-management relations
- ULP are not only violations of civil rights of both labor and management but are also criminal offense
against the State which shall be subject to prosecution and punishment
- the civil aspects of all cases involving UKP which may include claims for actual, moral, exemplary and
other forms of damages, attorney’s fees and other affirmative relief, shall be under the jurisdiction of
the Labor Arbiters. The latter shall give utmost priority to the hearing and resolution of all cases
involving ULP which must be resolved within 30 calendar days from the time they are submitted for
decision
- recovery of civil liability in the administrative proceedings shall bar recovery under the Civil Code
- no criminal prosecution may be instituted without a final judgment finding that an unfair labor practice
was committed, having been first obtained. During the pendency of the administrative proceeding, the
running of the prescriptive period of the criminal offense penalized shall be considered interrupted,
provided that the final judgment in the administrative proceeding shall not be binding in the criminal
case nor be considered as evidence of guilt but merely as proof of compliance of the requirements set
forth
- while an act or decision of an employer or a union may be unfair, certainly not every unfair act or
decision may constitute an unfair labor practice (ULP) as defined and enumerated under Arts. 259 and
260 of the Labor Code
- there are only 5 provisions related to ULP, namely:
a. Art. 258 – describes the concept of ULPs and prescribes the procedure for their prosecution
b. Art. 259 – enumerates the ULPs that may be committed by and employer
c. Art. 260 – enumerates the ULPs that may be committed by labor oragnizations
d. Art. 274 – which considers violations of the CBA as no longer ULPs unless the same are gross in
character which means flagrant and/or malicious refusal to comply with the economic provisions
e. Art. 278 (c) – which refers to union-busting, a form of ULP, involving the dismissal from employment
of union officers duly elected in accordance with the union constitution snd by-laws, where the
existence of the union is threatened
- parties who may commit ULP may either be an employer or a labor organization. On the part of the
employer, only the officers and agents of the corporations, associations or partnerships who have
actually participated in or authorized or ratifies ULPs are criminally liable. On the part of the union, only
the officers, members of governing boards, representatives or agents or members of labor associations
or organizations who have actually participated in or authorized or ratified the ULPs are criminally liable
- the following are the elements of ULP, which must concur:
a. There should exist and employer-employee relationship between the offended party and the
offender, and
- this is necessary because ULP may only be committed in connection with the right to self-organization
and collective bargaining by employees. There must be an employment relationship in order for the
organizational right to be validly and lawfully invoked
b. The act complained of must be expressly mentioned and defined in the Labor Code as an unfair labor
practice
- should be present since the labor Code requires that ULP be “expressly defined by this Code.” If an act
is not covered by any of the grounds expressly mentioned in the law, it cannot be deemed a ULP act.

25. State and illustrate the unlawful acts that may be committed by the employer and Labor
Organization that can be considered as ULP.

- Art. 259 provides the ULP of employers as follows:

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 supporters
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. Nothing in this Code or in any
other law shall stop the parties from requiring membership in a recognized collective bargaining agent
as a condition for employment, except of those employees who are already members of another union
at the time of the signing of the collective bargaining agreement. Employees belonging to an
appropriate collective bargaining unit who are not members of the recognized collective bargaining
agent may be assessed a reasonable fee equivalent to the dues and other fees paid by members of the
recognized collective bargaining agent, if such non-union members accept the benefits under the
collective agreement: Provided, That the individual authorization required under Article 242, paragraph
(o), of this Code shall not apply to non-members of the recognized collective bargaining agent
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
g. To pay negotiation or attorney's fees to the union or its officers or agents as part of the settlement of
any issue in collective bargaining or any other dispute, or
i. To violate a collective bargaining agreement

- Art. 260 provides the ULP of labor organizations as follows:

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 attorney's fees from employers as part of the settlement of any
issue in collective bargaining or any other dispute, or
f. To violate a collective bargaining agreement.

26. Explain all the types of union security clauses. What are the legal principles pertinent to union
security arrangements?

- the following are the types:

(i) Union Shop
- most powerful relationship legally available to a union where it stipulates that employers, while free to
hire whomever they choose, may retain only union members. Employees hired to positions covered
under the terms of a CBA must, after a specified probationary period (30-60 days), join the union or
forfeit their jobs

(ii) Agency Shop

- second strongest union security arrangement where employees must pay union dues to the certified
bargaining unit even if they chose not to join the union. It is designed as a compromise between the
union’s desire to eliminate the “free rider” and management’s desire to make union membership
voluntary

(iii) Open Shop

- it is the least desirable form, in which joining is voluntary. Those who do not join are not required to
pay union dues or any associated fees. Workers who join have maintenance-of-membership clause in
the existing contracts (maintenance-of-membership: requires an individual who chooses to join a union
to remain in the union for the duration of the existing contract); (dues check-off: where employer
withholding of union dues from union members’ paycheck)
27. What is the extent of the management prerogative to reorganize?

 Implementation of a job evaluation program or a reorganization is valid for as long as it is not

contrary to law, morals or public policy and it is carried out in good faith.
 If the purpose of a reorganization is to be achieved, changes in the positions and rankings of the
employees should be expected. To insist on one’s old position and ranking after a reorganization
would render such endeavor ineffectual.
 It is hard to accept the claim that an employer would go through all the expenditure and effort
incidental and necessary to a reorganization just to dismiss a single employee whom they no
longer deemed desirable.
 Reorganization does not necessarily give rise to promotional increases.

28. Provide extensive instances how management prerogative can be exercised.

29. Explain the term “WILEY DOCTRINE”.

- the surviving or consolidated corporation shall have the duty to bargain, when there is relevant
similarity and continuity of operations across the change in ownership as evidenced by wholesale
transfer of the smaller corporation’s employees to larger corporation’s plant

30. Discuss and explain the procedure on collective bargaining.

a. When a party desires to negotiate an agreement, it shall serve a written notice upon the other party
with a statement of proposals
b. Reply by the other party within 10 calendar days with counter proposals
c. In case of differences, either party may request for a conference which must be held within 10
calendar days from receipt of request
d. If not settled, NCMB may upon request of either or both parties or at its own initiative and encourage
the parties to submit the dispute to a voluntary arbitrator
e. If not resolved, the parties may go to where they want and resort to any other lawful means (either to
settle the dispute or submit it to a voluntary arbitrator)
- note that during the conciliation proceeding in the Board, the parties are prohibited from doing any act
which may disrupt or impede the early settlement of the disputes
- the following are the registration requirements: the original and 2 duplicates of the following must be
verified under oath by representative(s) of the employer(s) and union(s):
(i) CBA
(ii) a statement that the collective bargaining agreement was posted in at least 2 conspicuous places in
the establishments concerned for at least 5 days before its ratification, and
(iii) a statement that the collective bargaining agreement was ratified by the majority of the employees
in the bargaining unit of the employer/s concerned

31. What is the SWEETHEART DOCTRINE? Define SUBSTITUTIONARY DOCTRINE.

- SWEETHEART DOCTRINE is a private arrangement mutually beneficial to the involved parties (such as a
management and a union) but not in the best interests of the affected but not directly involved party
(the workers). It is also called as sweetheart contract.
- SUBSTITUTIONARY DOCTRINE is when the employees cannot revoke the validly executed collective
bargaining contract with their employer by the simple expedient of changing their bargaining agent. It
only means that the employees, thru their new bargaining agent, cannot renege on their collective
bargaining contract except of course to negotiate the shortening of its period

32. State what is an industrial or labor dispute.

- includes any controversy or matter concerning terms and conditions of employment or the association
or representation of persons in negotiating, fixing, maintaining, changing, or arranging the terms and
conditions of employment, regardless of whether the disputants stand in the proximate relation of
employer and employee

33. What is meant by : STRIKE, LOCKOUT, PICKETING?

- STRIKE means any temporary stoppage of work by the concerted action of employees as a result of an
industrial or labor dispute

- LOCKOUT means any temporary refusal of an employer to furnish work as a result of an industrial or
labor dispute

- PICKETING is a concerted activity of workers consisting in peacefully marching to snd fro before an
establishment involved in a labor dispute generally accompanied by the carrying and display of signs,
placards and banners intended to inform the public about the dispute

34. Discuss all the various forms of strike.

- As to nature:
a. Legal strike
- one called for a valid purpose and conducted through means allowed by law
b. Illegal strike
- one staged for a purpose not recognized by law or, if for a valid purpose, it is conducted through
means not sanctioned by law
c. Economic strike
- one declared to demand higher wages, overtime pay, holiday pay, vacation pay, etc. It is declared for
the purpose of forcing wage or other concessions from the employer which he is not required vy law to
grant. It is a strike which arose out of bargaining deadlock in the CBA negotiations.
d. ULP or political strike
- one called to protest against the employer’s ULPs enumerated under Art. 259, including gross violation
of the CBA under Art. 274 and union busting under Art. 278 (c)
e. Slowdown strike
- one staged where the workers do not quit their work but merely slacked or reduced their normal work
output
f. Wildcat strike
- one declared and staged without the majority approval of the certified bargaining agent. It is
spontaneous or unannounced illegal concerted action by a section or group of employees without the
sanction or authorization of the union or in violation of the union’s constitution and by-laws or without
following the proper procedure for striking such as majority approval of the union members through
appropriate union balloting. It is also called outlaw or quickie strike
g. Sit-down strike
- one where the workers stop working but do not leave their place of work

- As to coverage:
a. General strike
- one which covers and extends over a whole province or country. The employees of various companies
and industries cease to work in sympathy with striking workers of another company. It is also resorted
to for the purpose of putting pressure on the government to enact certain labor-related measures such
as mandated wage increases
b. Particular strike
- one which covers a particular establishment or employer or one industry involving one union or
federation

- As to purpose:
a. Economic strike
b. ULP or political strike

- As to nature of strikers’ action

a. Partial strike
- one which consists of unannounced work stoppages, such as slowdowns, walkouts or unauthorized
extension of rest periods
b. Sit-down strike
c. Slowdown strike

- As to extent of the interest of the strikers

a. Primary strike
- refers to a strike conducted by the workers against their employer, involving a labor dispute directly
affecting them
b. Secondary strike
- refers to a strike staged by the workers of an employer involving an issue which does not directly
concern or affect their relationship but rather, by some circumstances, affects the workers, such as
when the employer persists to deal with a third person against whom the workers have an existing
grievance. Workers stage this kind of strike to secure the economic assistance of their employer to force
the third person to yield to the union on the issues involving it and said third person
c. Sympathy strike
- refers to s strike where the strikers have no demands or grievances or labor dispute of their own
against their employer but nonetheless stage the strike for the purpose of aiding, directly or indirectly,
other strikers in other establishments or companies, without necessarily having any direct relation to
the advancement of strikers’ interest. This is patently an illegal strike.

- Other classifications:
a. Cause Oriented strike
- to make a stand on certain national issues
b. Good Faith strike
- a strike justified by belief in good faith that the employer was committing a ULP at the time the strikers
went on strike. Good faith saves the strike from being declared illegal and the strikers from being
declared to have lost their employment status
c. Local Stricken strike
- is one undertaken by workers in a particular enterprise, locality or occupation. It usually involves only
one union or one industry
d. Recognitional strike
- a strike to compel the employer to recognize one’s union

35. Exhaustively explain the procedural but mandatory requisites of a lawful strike or lockout.

a. FIRST REQUISITE
- must be based on any or both of the following 2 exclusive grounds:
(i) ULP of the employer
(ii) collective bargaining deadlock (CBD)

b. SECOND REQUISITE
- a notice of strike must be filed with the NCMB-DOLE
- a notice of strike refers to the notification filed by a duly registered labor u ion with the NCMB-DOLE,
informing the latter of its intention to go on strike because of the alleged commission by the the
employer of ULPo because of a deadlock in the collective bargaining negotiations

c. THIRD REQUISITE
- a notice must be served to the NCMB- DOLE at least 24 hours prior to the taking of the strike vote by
secret balloting, informing said office of the decision to conduct a strike vote, and the date, place and
time and asking for it to supervise the taking of the strike vote

d. FOURTH REQUISITE
- a strike vote must be taken where a majority of the members of the union obtained by secret ballot in
a meeting duly called for the purpose must approve it
- a decision to declare strike must be approved by the majority of the total union membership in the
bargaining unit concerned, obtained by secret ballot in meetings or referenda called for that purpose.
This process is called strike vote balloting

e. FIFTH REQUISITE
- a strike vote report should be submitted to the NCMB-DOLE at least 7 days before the intended day of
strike
- its submission is meant to ensure that a strike vote was indeed taken and in the event that the report is
false, to afford the members an opportunity to take the appropriate remedy before it is too late

f. SIXTH REQUISITE
- except in cases of union-busting, observance of the cooling-off period of 15 days, in case of ULP of the
employer, or 30 days, in case of CBD, reckoned from the filing of the notice of strike (as per 2 nd requisite
above)
- in requiring a cooling-off period, the avowed intent of the law is to provide an opportunity for
mediation and conciliation by the NCMB-DOLE. It is designed to afford the parties to amicably settle the
dispute with the assistance of the Conciliators-Mediators of the NCMB-DOLE

g. SEVENTH REQUISITE
- the 7-day waiting period or strike ban reckoned after the submission of the strike vote report to the
NCMB- DOLE (per 5th requisite above) should be fully observed in all cases
- such is mandatory because it is intended to give the NCMB-DOLE an opportunity to verify whether the
projected strike really carries the imprimatur of the majority of the union members.

36. Explain the effect of conversion of the notice of strike into a preventive mediation case.

- when a dispute subject of a notice of strike is forthwith treated as a preventive mediation case, the
union may not later on stage a strike on account of the same dispute. Once the dispute has been
converted into a preventive mediation case, the notice of strike is deemed dropped from the dockets as
if no notice of strike has been filed. Since there is no more notice of strike to speak about, any strike
subsequently staged by the union is deemed not to have complied with the requirements of a valid
strike. The same rule applies in case of a lockout by an employer

- upon the recommendation of the Conciliator/Mediator handling the labor dispute, the Director of the
Regional Branch of the NCMB which has jurisdiction over the labor dispute has the duty to declare snd
inform the parties that the issues raised or the actual issues involved are not proper subjects of a notice
of strike or lockout and that the notice of strike or lockout has been converted into a preventive
mediation case without prejudice to further conciliation or upon the request of either or both parties

37. What is the effect of a strike staged in violation of an assumption or certification order? Explain
and Provide legal basis.

- non compliance with the assumption or certification order of the Secretary of Labor, or a return-to-
work order issued pursuant thereto by the Secretary or by the NLRC, to which a labor dispute is certifies,
is considered as an illegal act committed in the course of the strike or lockout

- its effect is that they may be subject to immediate disciplinary action, including dismissal or loss of
employment status and even to criminal prosecution. Moreover, the strike becomes illegal because of
the disregard of the return-to-work order issued by the Secretary. It is to be noted that a return-to-work
order is enforceable irrespective of the legality of the strike. Period of defiance of such is not material.
Defiance of less than 1 day is sufficient to effect termination of the defiant strikers

- the mere finding or declaration of illegality of strike will result in the termination of all union officers. It
is not required that the officers should commit an illegal act during strike. To effectively hold ordinary
union members liable, those who participated in the commission of illegal acts must not only be
identified but the specific illegal acts they each committed should be described with particularity

38. Provide examples strikes conducted for unlawful purposes.

a. Without complying with the procedural but mandatory requisites

b. For unlawful purposes such as to compel the dismissal of an employee or to force recognition of the
union of for trivial and puerile purpose or to circumvent contracts and judicial orders
c. Based on non-strikeable or invalid grounds such as
(i) inter-union or intra-union disputes
(ii) simple violation of CBA in contrast to gross violation thereof which is deemed a ULP
(iii) legislated wage orders (wage distortion)
d. Without first having bargained collectively
e. In violation of the “no strike, no lockout” clause in the CBA
f. Without submitting the issues to the grievance machinery or voluntary arbitration or filing to exhaust
the steps provided therein
g. While conciliation and mediation proceeding in on-going at the NCMB
h. Based on issues already brought to voluntary or compulsory arbitration
i. During the pendency of a case involving the same ground/s cited in the notice of strike
j. In defiance of an assumption or certification or return-to-work order
k.in violation of temporary restraining order or to an injunction order
l. After the conversion of the notice of strike into a preventive mediation case
m. Against the prohibition by law
n. By a minority union
o. By an illegitimate union
p. By dismissed employees
q. In violation of the company code of conduct which prohibits “inciting or participating in riots,
disorders, alleged strikes or concerted actions detrimental to interest,” the penalty for which is dismissal
r. As protest rallies in front of government offices
s. As “welga ng bayan” which is in the nature of a general strike as well as an extended sympathy strike
t. In violation of the rules on picketing

39. Can strikers be dismissed in cases of “GOOD FAITH” strikes. Explain and Provide legal basis.

- No. Good faith strike is a strike which may be considered legal where the union believed that the
company or their employer committed an unfair labor practice and the circumstances warranted such
belief in good faith, although subsequently such allegations of unfair labor practice are found out not to
be true. The good faith saves the strike from being declared illegal and the strikers from being declared
to have lost their employment status