LABOR LAW 2 he was charged with theft.

*why theft and not

JANUARY 2, 2018-01-24 robbery?
*theft –
“One does not get a second chance to make a good first *robbery – element of
impression.” intimidation/force
*dismissal is too severe
“Hierarchy of Rights” *court: readmitted w/o
backwages.
* POLICE POWER supersedes the non-impairment *affirmed.
clause of the Constitution. BF GOODRICH *statutory source
*pending labor practice
* Economic right is the least important right. *unfair labor practice vs.
organization -> certificate
….CASES of election not supended
-> laws encourage
PAL Determination of number
unionism
of hours a week
CALTEX *injunctions may be
PAL vs. PALEA
issued if it is very
NSC *non-compliance of
important.
company’s memo
*labor: generally, no
*order of reinstatement
injunction (national
*Craygo
interest) issued, unlike in
- the lady guard
remedial law.
- made an insult against
* “welga ang pinaka
her supervisor
importanten weapon ng
- charged with
labor.
insubordination
EMPLOYER AND EMPLOYEE: ART (212) 219 (E) and (F)
FEATTI *teachers
*WON the employees –
*ano ang mga arguments
GOCC is governed by Civil
ng mga Featti?
Service. No.
*Feattie: not considered
as labourer because they
*WON the penalty was
are independent
correct. No, the twin
contractor.
notice rule was not
*University: does not
observed.
exercise control
*not industrial company
PLDT *traffic officer
*they are only leases
*petition for illegal
dismissal
Why are they employees?
* “lagay” “bribery”
*because their services
*WON the legality of
are required.
award correct. No.
*they work for salary.
*Just Cause = Moral
*their GSIS, PAG-IBIG, etc.,
Turpitude (w/o the fault of
are being paid by the
the employee)
company.
*Authorized Cause = as
provided for by law
Why are their status of
* when is it compensable?
being an employee
When is it not
important?
compensable?
PAL “Led” item = no value, but
What are the two focus of
 “Labor Relations”?
1. UNIONISM
2. COLLECTIVE
BARGAINING
* the status of being an
employee is important to
determine WON they can
form or organize
themselves as a labor
union.
* what is an employee?
* what is an employer?
……unless…?
LABOR ORGANIZATION – LEGITIMATE LABOR
ORGANIZATIO
Airline Pilots Association Union Elections
*Pilots of PAL = deadlock,
welga
*elction during welga
Why did the court allow
non-pilots to vote?
Including those who were
terminated?
What is a Union?
‘….in whole or in part…”
What is an employee?
*remember that in certain
circumstances, you are still
considered as an
employee notwithstanding
if you are temporarily
suspended, or say,
terminated. See definition
for basis.
LOPEZ CORPORATION *Art. 257
*holding of certificate of
election.
*labor organization
(legitimate) are those who
can only apply for “CE”.
*what is a labor
organization? Those which
are registered in the
department.
*In this case, they were
not considered as they
merely represent the
organization.
LABOR DISPUTE
DEFINITION
San Miguel Corporation *Won it is a labor dispute?
*what is a labor dispute?
Ex: Christmas party
Gold City Case *TRO
*strike illegal
*registration/backwages
*there participation of
employees.
*won the award is valid.
*separation pay.
*wages.
*Ba’t napasok labor
dispute ditto?
*Reinstatement and
salary”
*why is it dangerous to let
the company do that?
Because the Union is
supposed to be an
independent entity. To
rule otherwise, the
company will no longer be
an independent entity
which runs contrary to
public policy.
TEST FOR DETERMINING LABOR DISPUTE
RCPI
DISPUTE SETTLEMENT METHODOLOGY
ART. 218 (A)
COLLECTIVE BARGAINING
Kiok Loy
TRADE UNIONISM
ART. 218 (B) *C) -219 (G)
WORKER ENLIGHTENMENT
DAVAO
VICTORIA *religious organization
*Victoria has the duty to
inform her subordinates
but she misled them.
Hence, Victoria was
terminated.
PART II: UNIONISM PROPER