Assessment 3

Labor Law Review – UNC College of Law

Atty. Mila Raquid Arroyo - Professor
Jan 28 – Feb 7, 2019

Answers should be: i) as called for by the question: ii) responsive to all the issues presented in the question;
and iii) expressed in not more than three short, concise and complete statements. If the statement is not
true, restate it to make it true.

1. What is Labor Relations Law?

- Provisions of law that: (purposes)
1. provides mechanisms for the enforcement of labor standards
2. adjustment and improvement the labor standard of employment
And other terms and conditions affecting the employment relationship

2. What is the purpose of Labor Relations Law that cannot be achieved by Labor Standards Law?

3. Identify the five (5) general end-goals of Labor Relations Law.

4. State the relevance, if any, of Labor Standards to Labor Relations and vice-versa.
- LS-The employees are able to negotiate with the employers using the labor standards
required, through CBA for improvement// Basis for the negotiation (the starting point) for
adjustment and improvement of labor standards.

LR-provides mechanisms to improve labor standards in the event that they are not applied
by the employers AND insure that these standards are enforced

5. Identify the five (5) general end-goals of Labor Relations Law.

6. State the nature of the relationship between International Labor Conventions and Labor Relations
Law.

- We enact legislation to incorporate the provision in ILO convention. The ILO conventions
become the basis of our laws.
- Because the Convention does not create rights and obligations. Therefore, we must
create one.

- No such thing as international labor law.

- In case of conflict with International labor laws and Philippine law. Our law will prevail. But we
are morally bound to put the provisions of international labor law in our law or else we will
lose phase face in the international community.

7. Briefly explain why in employer-employee relationship, the employee is considered as weaker than
the employer.
8. The scope/extent of the rights of an employee is wider than the scope/extent of the rights of an
employer.

- F. Rights of employees are granted by law only as limitation and not a way of equalizing that of
a right of an employer. Only limitation.
- Because the owner of employment is the employer. The employee merely participates in the
employment.

9. Identify the core/fundamental right of an employer on which the four (4) general rights spring
from.

- Right to control?

10. Identify the different types of employees as classified by statutes and case law under Book V of the
Labor Code and state the reason/purpose for the classification.

- 1. Managerial- as the right to self organization. But the exercise of the right is limited. Cannot
register as a labor organization. Cannot form for the purpose of collective bargaining.

2. Supervisory
3. Rank and File
4. Confidential- extent of the right organization is it must not be for the purpose of collective
bargaining. assisting the exercise of managerial prerogative concerning personnel (policies or
discipline). Need not assist managerial employees exercise managerial prerogatives. But if in the
nature of their function they come with the information concerning personnel then they are
confidential employees.
5. Managerial Staff- can join labor organizations but not for the purpose of bargaining with the
employer.can either be supervisory or rank and file. They can never be managerial employees
because they merely assist in the exercise of managerial prerogatives

- The classification is relevant for the purpose of determining if the right to self-organization
exists with these types of employees.
- Everyone has the right to self organization but subject to limitation

11. What is a Labor Organization?

- Any association of employees, laborers or workers for the purpose of advancing their
common interest as workers.

12. What is a Legitimate Labor Organization?

- It is a labor organization duly registered with the Bureau of Labor Relations of DOLE.

13. Identify the distinction between a labor organization and a legitimate labor organization.
 Labor organization is BROADER because it may/may not be a legitimate labor organization.
 Legitimate labor organization is NARROWER since it is a labor organization registered with the
BLR.
 Hence, legitimate labor organization is a labor organization but a labor organization is not a
legitimate labor organization
14. Identify the requirements for registration of labor organizations.

15. Identify at least three (3) of the major labor/workers’ rights that come with being a duly registered labor
union;

a. Right to its members

b. Right to collect fees from members and acquire property; right to be supported
c. Right to file for petition for certification election

16. What does the “right to self-organization” mean in labor law?

- Right to self-organization means the right of a worker (1) to join or not to join, (2) to form or not to form,
and (3) to assist or not to assist a labor organization

17. An application for registration will be denied if the applicant union is a company union.

- True.

18. What is Certification Election?

- election where the employees belonging in a bargaining unit choose the bargaining unit to be
represented.

19. Only a legitimate labor organization may file a Petition for Certification Election

- False. There is one instance when an employer may file for PCE – when the er is requested to
bargain collectively – voluntary recognition.

20. A labor organization may exercise certain rights of a legitimate labor organization even though it did not file
an application for registration with the DOLE-RO/BLR.

- True. When a labor organization is an affiliate of a…

21. What is a labor dispute?

- a dispute in which its resolution requires the application of labor laws

22. Identify the three types of labor dispute and distinguish one from the other on the following points of
distinction: i) parties, and ii) issues;
Types of Labor Parties Issue
Dispute
Labor Management - Employer vs employee Er-ee relationship - Terms
Dispute - Employer vs labor union and conditions of
employment (ex. Work
hours)
Intra Union Dispute - Members of Union A vs members Membership rights and
of Union B obligations as contained in
 - Members of Union A vs officers
of Union A
- Officers of Union A vs officers of
Union A
Inter Union Dispute - Union A vs Union B
- Other unions – as many as there
in the company
their constitution and by-
laws
- Representation issue
- Legality of the existence
- Whether the union has
the personality/capacity
to represent employees
who are members of the
union and who are NOT
members
-

23. What are the two (2) general classifications of the modes of settling labor disputes.

- Voluntary
Compulsory

24. Which of the two (2) general classifications of the modes of setting labor dispute is preferred as a
matter of State policy?

- Voluntary (Negotiation)

25. Identify the five general processes of settling dispute and distinguish one from the other in terms of
whether it is a voluntary mode or a compulsory mode according to the following points of distinction:
i)availment of the process, ii) intervention of 3rd party, and iii) settlement instrument;

A. Voluntary Availment of the process Intervention of 3rd Settlement

Mode Party Instrument
Negotiation Voluntary Voluntary Voluntary -
Agreement
Conciliation and Voluntary/Compulsory Voluntary Voluntary -
Mediation Agreement
Free Collective Compulsory Voluntary Voluntary -
Bargaining Agreement
Voluntary Voluntary/Compulsory Complusory Compulsory
Arbitration Arbitral Award
B. Compulsory
Mode
Compulsory Compulsory Compulsory Compulsory
Arbitration Decision

26. Identify the thirteen (13) mechanisms/machineries involved in settlement of labor dispute.
a. Grievance machinery
b. Labor Arbiter
 c. Med-Arbiter
d. Voluntary Arbitrator
e. Labor Relations Division (under the BLR)
f. Regional Director
g. Department of Labor and Employment (DOLE) Secretary/ Office of the President
h. Bureau of Labor Relations (BLR)
i. National Labor Relations Commission (NLRC)
j. National Conciliation and Mediation Board (NCMB)
k. Philippine Overseas Employment Administration (POEA)
l. Court of Appeals
m. Supreme Court

27. Identify the instrumentality that has compulsory jurisdiction over the following respective actions after
exhausting all applicable plant-level and conciliation/mediation efforts to settle the dispute:
i. Application for Union Registration; Appeal thereof.
ii. Petition for Cancellation of Union Registration; Appeal thereof
iii. Petition for Audit of Union Books of Accounts; Appeal thereof
iv. Petition for Certification Election, and Appeal thereof
v. Unfair Labor Practice, and Appeal thereof
vi. Legality/Illegality of Strikes/Lock-outs, and Appeal thereof
vii. Money claims of a dismissed employee involving the total amount of P5,000.00, and Appeal
thereof
viii. Collective Bargaining Deadlock
ix. Money claims of an OFW, and Appeal thereof
x. Claims under the Employees Compensation, and Appeal thereof
xi. Money claims of a househelper, and Appeal thereof
xii. Claims for Retirement Benefits, and Appeal thereof
xiii. Claims for Separation Pay, and Appeal thereof

ACTIONS WHO HAS JURISDICTION APPEAL

Application for Union
Registration; Appeal thereof
Petition for Cancellation of
Union Registration; Appeal
thereof
Regional Office – for Independent Bureau of Labor
Labor Unions, Chartered locals, Relations
worker’s association
Bureau of Labor Relations - for Office of the
federation, national unions or Secretary
workers’ association
Regional Office - for independent Bureau of Labor
labor union, local/chapter worker’s Relations
association
Bureau of Labor Relations – Office of the
federation, nation or industry Secretary
unions and trade unions center
Regional office that issued its Bureau of Labor
certificate of registrations - book of Relations
accounts of independent labor
unions, chartered locals and
worker’s associations
Petition for Audit of Union
Books of Accounts; Appeal
thereof
Petition for Certification
Election, and Appeal thereof
Unfair Labor Practice, and
Appeal thereof
Legality/Illegality of
Strikes/Lock-outs, and Appeal
thereof
Money claims of a dismissed
employee involving the total
amount of P5,000.00, and
Appeal thereof
Collective Bargaining Deadlock
Money claims of an OFW, and
Appeal thereof
*Claims under the Employees
Compensation, and Appeal
thereof
Money claims of a
househelper, and Appeal
thereof
Claims for Retirement
Benefits, and Appeal thereof
BLR – book of accounts of Office of the
federations or national unions and Secretary
trades unions
All issues raised shall be issued by the Med – arbiter.
Appeal from the decision may be filed with the Bureau.
Decisions rendered by the Bureau may be appealed to
the Office of the Secretary.
With the office that issued the
Certificate of Registration:
Bureau of Labor
Regional Office – if registered with Relations
Regional Office, file it with the
Regional Office.
BLR – if registered with the BLR Office of the
Sabi ni maam BLR-always Secretary
Labor Arbiter – Over all ULPs
whether committed nu the
employers or the labor
organizations (civil aspects)
Labor Arbiter - not affecting national
interest
Affecting national interest – either
DOLE Secretary, in case he assumes
jurisdiction thereof, or NLRC, in case
the DOLE Secretary certifies it.
It depends:
Total amount 5k, without issue on
illegal dismissal – DOLE SEC
Otherwise, labor arbiter
Voluntary arbitrator or panel of
voluntary arbitrators
Labor arbiter – over all money claims
of OFWs
Voluntary arbitrator – over money
claims if there exists a CBA
It depends: Workmen’s
Private sector –SSS compensation
Public sector- GSIS commission
Labor Arbiter – if the amount of the
claims exceeds 5,000.00. Otherwise,
the jurisdiction is vested with DOLE
Regional Director.
It depends
Money claim from the er… dae ko
nasurat
 *Claims for Separation Pay, It depends on the amount
and Appeal thereof

28. A Collective Bargaining Unit is a legitimate labor organization.

- FALSE. A Collective Bargaining Unit (CBU) is not an organization at all. It is a theoretical

aggrupation of employees by reason of commonality of interest for purposes of being
represented by one Exclusive Bargaining Representative (EBR)

29. Certification election is the process by which all employees in the establishment decides whether or not to
be represented for purposes of collective bargaining with the employer.

- FALSE. Not all employees; only those who belong to the CBU which will be represented by the
EBR.

30. Certification election can take place only if there are at least two legitimate labor unions in the
establishment.

- False.

31. When a petition for certification election is filed, it is a ministerial duty of the BLR of the Regional Office to
conduct the certification election after ascertaining the employees who shall belong in the collective
bargaining unit sought to be represented in the collective bargaining agreement with the employer.
IT DEPENDS if organized/unorganized. If unorganized, it is ministerial. If organized, it depends
on whether or not (1) it is filed within the freedom period or whether or not (2) there is a valid
CBA. The med-arbiter must therefore determine compliance with the procedural requirements
and the presence of any ground for denying the petition.

32. An application for certification election filed by a legitimate labor organization will be denied if an
opposition is filed against it on the ground that that the applicant union is a company union.
False. It cannot be raised collaterally. There must be a petition seeking for the cancellation
33. Because the right to join a labor organization also means the right not to join, no employee may be
required to join a labor organization as a condition for employment or continued employment.
34. Under ALL circumstances, the right to decide whether or not to join a labor organization is lodged with
the employee.
35. Distinguish between an organized and an unorganized establishment.
Unorganized – No EBR, no voluntary recognition
Organized – with EBR, CBU
(check mo nalang. Dae ko mabasa surat ko hahaha)
36. In the disposition of labor cases, the rules of procedure shall not apply.
False. It is the Rules on Evidence that shall not apply
(separate procedure in the disposition of labor cases - substantive/substantial compliance with the
procedure)
37. For the purpose of ensuring compliance with labor laws, the NLRC may, motu proprio,
conduct an ocular inspection of any establishment employing workers.
Only when there is a case pending before it. (unlike with the RD – even w/o a case pending)

38. The decision of the NLRC is appealable to the Court of Appeals.

39. The decision of the Regional Director is appealable to the NLRC.
IT DEPENDS. If under Art. 128, A and B or under Art. 129.
1. If under Art. 128, A and B (visitorial and enforcement power), it should be appealed to
the Office of the Secretary of Labor;
2. If under Art. 129 (adjudicatory power, on money claims), appeal to the NLRC

40. Under no case may the decision of the Labor Arbiter be questioned directly to the Court of Appeals.
True. All decisions are appealable
41. The decision of the BLR is appealable to the Secretary of Labor.
IT DEPENDS. If it is exercising appellate jurisdiction or original jurisdiction:
1. If it is exercising its original jurisdiction, the decision shall be appealable to the
Office of the Secretary of Labor.
2. If exercising its appellate jurisdiction, it shall be considered final, except by special
civil action or certiorari.

42. After internal remedies have been exhausted, a complaint for audit of union funds must be filed with the Med-
Arbiter.
43. A complaint for cancellation of union registration must be filed with the DOLE Regional Director.
44. An application for registration of labor union must be filed with the BLR or the Labor Relations Division of the
DOLE Regional Office.
45. The BLR cannot exercise visitorial and enforcement power over private establishment.
46. The BLR and the LRD of the DOLE RO has original and exclusive jurisdiction over all intra-union and inter-union
conflicts.
47. The jurisdiction of the BLR may be exercised over even when not invoked by any party.
False. No authority to assume jurisdiction. Jurisdiction must be invoked.
48. A petition for certification election must be filed with the Med-Arbiter.
true
49. An order denying the petition for certification election is appealable to the NLRC.
50. The Secretary of Labor has compulsory jurisdiction on any matter involving labor dispute.
False. Only on matters appealed to it and on matters on which it has assumed compulsory jurisdiction
51. In the certification election conducted in Company A, all 150 employees belonging to the bargaining unit had
cast their votes. Show by example the situation respectively illustrating the following:
i. Minimum requirement/s to declare valid certification election.
ii. Minimum requirement/s to declare a winner.
iii. Minimum requirement/s to conduct a run off election.
i. Minimum requirement/s to declare valid certification
election.
There can be a valid certification election if at least a majority of all the 150 votes (that is,
50% +1, or 76) are valid.
Union A xx
Union B xx
No Union xx
TOTAL 76

ii. Minimum requirement/s to declare a winner.

To declare a winner, the winning union must have garnered majority of the valid votes
(assuming that only 76 votes were valid).
 Union A 51
Union B 20
No Union 5
TOTAL 76

In this case, Union A wins the certification election.

Assuming that all the 150 votes are valid, the winning union must have garnered at least
76 votes in order to be declared the winner

iii. *Minimum requirement/s to conduct a run-off election.

To conduct a run-off election, none of the unions must have obtained the majority of valid
votes and that the number of votes for the unions is at least 50% of the votes cast.

Assuming that only 76 votes are valid:

Union A 37/36
Union B 37/3
No Union 2/37
TOTAL 76/51

If all the 150 votes are valid:

Union A 74
Union B 74
No Union 2
TOTAL 150

52. For as long as the employer has voluntarily recognized a legitimate labor organization as the employees’
bargaining representative, a CBA entered into between the employer and such union is a valid CBA for
purposes of labor laws.
False. There are requirements for a recognition:
a. Valid
b. CBA is valid (improved the terms and conditions)
53. Only the union who won in a certification election has the right to negotiate a collective bargaining
agreement with the employer.
FALSE. Voluntary Recognition is also another mode of determining EBR. In this mode, majority
of the employees must be members of legitimate labor organization, and that there is no other
legitimate labor organization

54. Only the members of a union may be required to pay dues to such union.
False. When it is the only 1 – LLO; agency fees – availing the benefits
55. All employees in the company may avail of the benefits secured through the CBA.
False. Not all employees. Only the employees of the CBU who may avail. (managerial ees cannot benefit
from the cba) confidentian ees and managerial staff – if rank and file, may avail of the benefits
56. What is a “check off” and the requirements for a valid check-off?
Check-off is a direct reduction from employee’s salary by reason of CBA or registration of a
union. A duly registered union may demand check-off.
 Requirements:
a) Authorization by a written resolution of majority of all members at the
general membership meeting duly called for the purpose
b) Secretary’s record of the minutes of the meeting
c) Individual written authorization (for union members) for check-off duly
signed by the employee concerned
In case of non-members of a union, the union may collect dues even
without authorization because the right of the union to collect dues
in this case is based on the acceptance of the benefits by non-
members of a union. The mere fact that he accepts is already an
authorization.

57. In establishments where there is no Collective Bargaining Agreement, the duty to bargain collectively
generally refers to the duty to:
In establishments where there is no Collective Bargaining Agreement, the duty to bargain
collectively generally refers to the duty to:
a. On the part of the Certified EBR:
i. The duty to bargain in good faith
ii. The duty to prepare and immediately submit proposal for collective
bargaining
b. On the part of the employer:
i. The duty to bargain in good faith
ii. The duty to immediately act on the proposal submitted by the union (within
10 days)
58. In establishments where there is a Collective Bargaining Agreement, what does the duty to bargain
collectively refer to?
duty not to terminate or modify the CBA during its lifetime and to faithfully implement the
provisions of the CBA.
59. Identify the requirement in order that mere interference in the employees’ right to self-organization
will become punishable as an unfair labor practice.
The interference should be the one directed against the right to self-organization
60. Under all circumstances, a “yellow dog” contract is illegal.
true
61. What is the “Contract Bar” Rule?
Contract Bar Rule means that in an organized establishment, no petition for certification election
may be filed during the period of the validity of the existing CBA, except during the freedom
period which is 60 days prior to the expiration of the CBA.
a.
62. What are the two (2) general requirements in order that a petition for certification election filed by a
legitimate labor organization will be barred by the “Contract Bar” Rule?

In order that a Petition for Certification Election will be barred by the “Contract Bar” Rule:
1. There must be a valid and subsisting CBA.
2. The Petition for Certification Election (PCE) was filed outside the freedom period.
ii. If no PCE is filed within the 60 day freedom period, then the existing CBA is
deemed to continue.

63. Identify the six (6) requirements for a valid Collective Bargaining Agreement.
 1. Contracting parties must be duly authorized: (1) on the part of the union, it must be
authorized only if certified by the EBR; (2) on the part of the employer, the employer.
2. Not contain provisions contrary to law.
3. Contain mandatory provisions (what the law mandates the contract to contain).
4. Posted in at least 2 conspicuous places.
5. Ratified by majority of the members of the CBU.
6. Submitted to the BLR.
64.
65. Identify the two (2) major classifications of the provisions of a Collective Bargaining Agreement.
66. What is the “Certification-Year” Rule
67. Aside from ULP and Collective Bargaining Deadlock, the two (2) other valid grounds for strike/lock-out
are union busting and violation of the CBA.
68. Identify the three (3) general requirements for a valid strike/lockout.
69. Violations of the CBA is not a valid ground for strike.
70. Define/Describe the following:
a. Strike
b. Lock-out
c. “Wild cat” strike/lock-out
d. “Cooling-off” period in strikes/lock-outs
e. “Strike/Lock-out ban”
f. “Feather-bedding”
g. “Blue-sky Bargaining”
h. “Improved-offer balloting”
i. “Reduced-offer balloting”
j. “freedom period”
71. If the strike is to be conducted by the Exclusive Bargaining Representative, all employees in the
collective bargaining unit have the right to vote.
72. On injunction against valid strikes/lock-outs:
i. State the general rule applicable
ii. State the exception to the general rule, if any.
73. As a general rule, all striking employees may be dismissed from employment if the strike conducted is
found to be illegal. Identify at least two (2) exceptions.
74. Just like any action for enforcement of criminal liability, a party desiring to enforce the criminal liability
of the offender for unfair labor practice may file his complaint with the prosecution office for as long
as the period for filing it has not yet prescribed.
75. Because of the unfair labor practice committed by Union A against Union B, the latter decided to go
on strike on February 15, 2017 and filed the notice of strike with the NCMB on Jan 30, 2017. What
legal advice should you give to Union B?
76. What is a union security clause?
77. Describe the following types of union security clauses:
i. “Maintenance of Membership”
ii. “Union -Shop”
iii. “Closed -Shop”
78. Identify one major characteristic of the Certified EBR if the CBA contains a closed shop provision.
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