LABOR LAW -- 10% 7.

) Who has jurisdication over all money claims of

overseas filipino workers arising from employer-
Labor Standards employee relationship?
1.) This is issued by DOLE authorizing a person or entity
to operate a private employment agency. a. labor arbiters
b. POEA
a. License c. regular courts
b. Document d. voluntary arbitrators
c. Authority
d. Charter party 8.) A Filipino serviceman who is working in a US military
installation in Pakistan is mandatorily required by law to
2.) The following may engage in the recruitment and remit to his family or dependents in the Philippines ____
placement of workers, locally and overseas, except: of his foreign exchange earnings.

a. Public employment offices a. 70 per cent

b. Private employment agencies b. 50 per cent
c. Shipping or manning agents c. 80 per cent
d. Local employment agencies d. none

3.) Direct hiring of Filipino workers for overseas 9.) Illegal recruitment involving economic sabotage
employment is not allowed. The following are not prescribes in:
covered by this rule, except:
a. 10 years
a. Members of the diplomatic corps b. 20 years
b. International organizations c. 5 years
c. Multinational Corporations d. imprescriptible
d. Name hirees
10.) Being the judge of the trial court, you found the
4.) The accused X and Y represented themselves to accused Jonie guilty of simple illegal recruitment. The
complainants A and B to have the capacity to send proper penalty you would impose would be
workers abroad, although they did not have any authority
or license. It is by this representation that they induced a. life imprisonment
complainants to pay a placement fee. X and Y may also b. prision correctional
be liable for c. prision mayor
d. destierro
a. Illegal recruitment by economic sabotage
b. Illegal recruitment in large scale
c. Syndicated Illegal recruitment 11.) Statement A - A company that exercises its
d. Estafa prerogative to dismiss is not allowed to turn around and
deny employee-employer relationship.
5.) The Labor Code applies to:
Statement B - Alleging abandonment indicates
a. Employees in a government corporation incorporated employer-employee relationship.
under the Corporation Code
b. International Agencies a.) Both statements are true
c. Employees of government corporations created by b.) Both statements are false
special or original charter c.) Only statement A is true
d. Government employees d.) Only statement B is true

6.) Which of the following is the most essential element 12.) Statement A - It is the employer’s duty to inform the
without which there is no employer-employee probationary employee reasonable work standards.
relationship.
Statement B -The employer may terminate the services
a. Hiring of probationary employee without valid cause as long as
b. Control such termination is done within the six month trial period.
c. Firing
d. Payment of wages a) Both statements are true
b) Both statements are false
c) Only statement A is true
d) Only statement B is true
Answers: 1.) a 2.) d 3.) c 4.) d 5.) b 6.) b 7.) a 8.) d 9.) b
10.) c 11.) a 12.) c
1. The government-owned and –controlled corporations
“with original charter” refer to corporations chartered by
special law distinguished from corporations organized
under our general incorporation statute, the Corporation
Code. Thus, under the present state of the law, GOCCs
with original charter are subject to what law?
A. Labor Code
B. Corporation Code
C. Civil Service Law
D. Civil Service Rules
2. In the case of Euro-Linea Phils. Inc. vs. National
Labor Relations Commission, it was held that in
interpreting the Constitution’s protection to labor and
social justice provisions and the labor laws and rules and
regulations implementing the constitutional mandate, the
Supreme Court adopts what approach which favors the
exercise of labor rights?
A. Labor’s Welfare
B. Liberal’s Approach
C. Liberal Worker’s Approach
D. Laborer’s Approach
3. There are important principles for the entitlement to
Maternity Leave under the SSS law. One of this is:
A. Full payment shall be advanced by the employer
within 30 days from the filing of the maternity leave
application
B. Full payment shall be advanced by the employer
within 15 days from the filing of the maternity leave
application
C. Maternity benefits shall be paid only for the first 2
deliveries of miscarriages
D. Maternity benefits shall be paid only for the first 5
deliveries of miscarriages
4. Under RA 9262 on Battered Woman Leave, it
provides that an employee is entitled to a paid leave of
up to 10 days in addition to other paid leaves under the
Labor Code, other laws and company policies, provided
the following requisites must be present, except for one
invalid requisite:
A. Employee is a woman
B. She is a victim of physical, sexual or psychological
violence
C. She applies for the issuance of the protection order
D. She can claim administrative and court order to claim
such leave
5. Under RA 8187 on Paternity Leave Act of 1996,
paternity leave refers to the benefits granted to the
following employees:
A. Both male and female employees in public sectors
only
B. Both male and female employees in private sectors
only
C. All married male employees in the public and privates
sectors
D. All married male employees in the private sectors
6. Anti-Sexual Harassment Act is committed by any
person having:
A. Authority or Influence
B. Authority, influence, moral ascendancy over another
in a work or education or training environment, and who
demands, requests or otherwise requires any lascivious
favor which would result in a hostile or offensive
environment
C. Authority, influence, moral ascendancy over another
in a work or education or training environment, and who
demands money which would result in a hostile or
offensive environment
D. Authority, influence, moral ascendancy over another
in a work or education or training environment, and who
demands, requests or otherwise requires any sexual
favor which would result in a hostile or offensive
environment
7. Anti-Child Abuse Act, or otherwise known as, “An Act
Providing for Stronger Deterrence and Special
Protection against Child Abuse, Exploitation and
Discrimination, providing Penalties for its Violation and
for Other Purposes,” was strengthened by what Republic
Act?
A. RA 7658
B. RA 7758
C. RA 7856
D. RA 7652
8. In Article 151 of the Labor Code, it implied that since
the relationship between the employer and the
househelper is a fiduciary one, the Court cannot order
the employer to re-hire the househelper, even if the latter
was unjustly dismissed. Is this valid?
A. No, the employer cannot re-hire the househelper
B. No, the employer can indemnify the househelper
C. Yes, the Court can order the employer to re-hire the
househelper
D. Yes, the Court cannot order the employer to re-hire
the househelper, by operation of the law

9. All rights and benefits granted to workers under the
Labor Code shall, except as may otherwise be provided
in the Code, apply alike to all workers, whether:
A. Agricultural or commercial
B. Agricultural or industrial
C. Agricultural or non-agricultural
D. Non-industrial or non-commercial
10. Complaints for violation of labor standards and the
terms and conditions of employment involving money
claims of homeworkers exceeding PhP5,000 per
homeworker shall be heard and decided by the:
A. Regional Director
B. Labor Arbiter in the NLRC
C. Secretary of Labor
D. Homeworkers Union
11. In the case of People v. Panis, which defined
“Recruitment and Placement” in Article 13 (b), the Court
ruled that:
(a) That the number of persons is an essential ingredient
of the act of recruitment and placement of workers.
(b) That the number of persons is not an essential
ingredient of the act of recruitment and placement of
workers.
(c) That the number of workers is essential to the
employment.
(d) That the number of workers are not essential to the
employment.
12. To pursue its responsibility to promote employment
opportunities, the DOLE carries out programs for local
and overseas employment. However, effective allocation
of manpower resources in local employment is assigned
to the:
(a) National Labor Relations Commission (NLRC)
(b) Philippine Overseas Employment Administration
(POEA)
(c) Bureau of Local Employment (BLE)
(d) Department of Labor and Employment (DOLE)
13. It shall be the duty of every employer to furnish his
employees in any locality with free medical and dental
attendance and facilities. If the company/industry has
one hundred (100) employees and exceeds to three
hundred (300), what does the provision stipulates?
(a) The services of full-time physician, dentist and a full-
time registered nurse as well as a dental clinic, and an
infirmary or emergency hospital with one bed capacity.
(b) The services of a full-time registered nurse, a part-
time physician and dentist, and an emergency clinic.
(c) The services of a full-time registered nurse.
(d) None of the above
14. Which of the following is NOT a policy of the State?
(a) To promote and maintain a state of full employment
through improved manpower training, allocation and
utilization.
(b) To protect every citizen desiring to work locally or
overseas by securing for him the best possible terms
and condition of employment.
(c) To facilitate a free choice of available employment by
persons seeking work in conformity with the national
interest.
(d) To ignore the movement of workers in conformity
with the national interest.
15. Article 40 requires only non-resident aliens to secure
employment permit. Resident aliens are not required.
For immigrants and resident aliens what is required is
an:
(a) Employer-Employee Contract
(b) Alien Permit
(c) Alien Employment Registration Certificate
(d) Business Permit
16. Apprenticeship is the arrangement and the period
when an upcoming worker undergoes hands-on training,
more or less formal, to learn the ropes of a skilled job.
This program aims to:
(a) help meet the demand of the economy for trained
manpower.
(b) establish a national apprenticeship program through
the participation of employers, workers and government
and non-government agencies.
(c) establish apprenticeship standards for the protection
of apprentices.
(d) All of the Above
17. When the death of a seaman resulted from a
deliberate or willful act on his own life, and it is directly
attributable to the seaman himself, such death is:
(a) not compensable
(b) compensable
(c) maybe compensable
(d) valid
18. Who are NOT covered by the 24-Hour Duty
Doctrine?
(a) Soldiers
(b) Doctors
(c) Policemen
(d) Peace Officers
19. Rafael was dismissed from overseas employment
without just, valid or authorized cause, can he claim full
reimbursement of his placement fee? And can he
obtain other benefits, if any?

(a) None, because of premature termination of contract.

(b) Yes, he can claim full reimbursement of his
placement fee without other benefits.
(c) Yes, he can claim full reimbursement of his
placement fee with interest at 12% per annum, plus his
salary for the unexpired portion of his employment
(d) None of the above

20.) Maria is a domestic helper of a Filipino business

tycoon based in California, USA where she complains
about money claims. The Labor Code, under the Migrant
Workers’ Law, do the statute and regulations limit the
coverage to non-Filipino or alien employers only?

(a) No, because nationality is immaterial

(b) Yes, because aliens are the ones covered under the
law
(c) All of the above
(d) None of the Above
MULTIPLE CHOICE QUESTIONS IN LABOR LAW negotiations with its employer for ___________ covering
(BOOK 5 TITLE 7----ARTICLE 250 TO ARTICLE 259)’ employees in the bargaining unit concerned.
a) Wages
Which of the following are not subject of collective b) Hours of work
bargaining? c) Minimum wages
a) Wages d) Terms and conditions of employment
b) Hours of work
c) Minimum wages The retroactivity of the CBA in arbitral awards is subject
d) Terms and conditions of employment to the discretion of __________________.
a) the Voluntary arbitrator chosen by the labor union and
The most effective and expeditious way to the employer
determine which labor organization can truly represent b) the DOLE Secretary
thework force in the appropriate bargaining unit of the c) the Labor arbiter
company is __________. d) Congress as the law-enacting branch of the StateAt
a) Consent election the expiration of the freedom period, the employer shall
b) Certification election continue the majority status of theincumbent bargaining
c) Globe doctrine agent where no petition for certification election is filed.
d) Run-off election
This is known as the ____________.
The posting of the CBA is considered a mandatory a) Union security clause
requirement. Non-compliance therewith will renderthe b) Bargaining continuity clause
CBA ineffective. The posting of the copies of the CBA is c) Automatic renewal clause
the responsibility of the _________. d) Santa’s clause
a) Labor union
b) Employer MULTIPLE CHOICE QUESTIONS IN LABOR LAW
c) Regional Office of the DOLE concerned (TITLE 5 BOOK 7------ARTICLE 250 TO 259)ANSWER
d) Employees KEYS:1) c2) b3) b4) c5) b6) d7) d8) d9) b10) c

The ratification of the CBA is also considered mandatory.

Such ratification shall be made by ________.
a) the majority of the members of the bargaining union
b) At least 25% of all the employees in the bargaining unit
c) the majority of the members of the bargaining unit
as represented by the bargaining union inthe
negotiations
d) DOLE Secretary

The obligation to pay fees of a lawyer for

negotiating a CBA shall belong to the ___________.
a) Workers
b) Labor union
c) Employer
d) Non-union members

The grant of profit-sharing benefits to managers,

supervisors and all rank-and-file employees notcovered
by the CBA is ____________.
a) an unfair labor practice
b) a ground for staging a valid strike
c) a direct and outright violation of its provisions
d) a management prerogative

Maintenance and custody of collective bargaining

agreements are within the _________________.
a) functions of Labor Arbiters
b) special powers of the Secretary of Labor Employment
c) obligations of the employer
d) functions of the Bureau of Labor Relations

Single-enterprise bargaining involves negotiation

between one certified labor union and one employer. Any
voluntary recognized or certified labor union may demand
2013 BAR EXAM
I. The parties to a labor dispute can validly submit to
voluntary arbitration ___________. (1%)
(A) any disputed issue they may agree to voluntarily
arbitrate
(B) only matters that do not fall within the exclusive
jurisdiction of the Labor Arbiter
(C) any disputed issue but only after conciliation at the
National Concililation and Mediation Board fails
(D) any disputed issue provided that the Labor Arbiter has
not assumed jurisdiction over the case on compulsory
arbitration
(E) only matters relating to the interpretation or
implementation of a collective bargaining agreement.
II. When there is no recognized collective bargaining
agent, can a legitimate labor organization validly
declare a strike against the employer? (1%)
(A) Yes, because the right to strike is guaranteed by the
Constitution and cannot be denied to any group of
employers.
(B) No, because only an exclusive bargaining agent may
declare a strike against the employer.
(C) Yes, because the right to strike is a basic human right
that the country’s international agreements and the
International Labor Organization recognize.
(D) Yes, but only in case of unfair labor practice.
(E) No, in the absence of a recognized bargaining agent,
the worker’s recourse is to file a case before the
Department of Labor and Employment.
III. Mr. Del Carmen, unsure if his foray into business
(messengerial service catering purely to law firms) would
succeed but intending to go long-term if he hurdles the
first year, opted to open his operations with one-year
contracts with two law firms although he also accepts
messengerial service requests from other firms as their
orders come. He started with one permanent secretary
and six (6) messengers on a one-year, fixed-term
contract.
Is the arrangment legal from the perspective of labor
standards? (1%)
(A) No, because the arrangement will circumvent worker’s
right to security of tenure.
(B) No. If allowed, the arrangment will serve as starting
point in weakening the security of tenure guarantee.
(C) Yes, if the messengers are hired through a contractor.
(D) Yes, because the business is temporary and the
contracted undertaking is specific and time-bound.
(E) No, because the fixed-term provided is invalid.
IV. Chito was illegally dismissed by DEF Corp. effective
at the close of business hours of December 29, 2009.
IV(1). He can file a complaint for illegal dismissal
without any legal bar within _____. (1%)
(A) three (3) years
(B) four (4) years
(C) five (5) years
(D) six (6) years
(E) ten (10) years
IV(2) If he has money claims against DEF Corp., he
can make the claim without any legal bar within
_________________. (1%)
(A) three (3) years
(B) four (4) years
(C) five (5) years
(D) six (6) years
(E) ten (10) years
V. After vainly struggling to stay financially afloat for a
year, LMN Corp. finally gave up and closed down its
operations after its major creditors filed a petition for
LMN’s insolvency and liquidation.
In this situation, LMN’s employees are entitled to
______________ as separation pay. (1%)
(A) one-half month pay for every year of service
(B) one month pay for every year of service
(C) one-half month pay
(D) one month pay
(E) no separation pay at all
VI. At age 65 and after 20 years of sewing work at home
on a piece rate basis for PQR Garments, a manufacturer-
exporter to Hongkong, Aling Nena decided it was time to
retire and to just take it easy.
Is she entitled to retirement pay from PQR? (1%)
(A) Yes, but only to one month pay.
(B) No, because she was not a regular employee.
(C) Yes, at the same rate as regular employees.
(D) No, because retirement pay is deemed included in her
contracted per piece pay.
(E) No, because homeworkers are not entitled to
retirement pay.
VII. The minimum wage prescribed by law for persons
with disability is ________________. (1%)
(A) 50% of the applicable minimum wage
(B) 75% of the applicable minimum wage
(C) 100% of the applicable minimum wage
(D) the wage that the parties agree upon, depending on
the capability of the disabled.
(E) the wage that the parties agree upon, depending on
the capability of the disabled, but not less than 50% of the
applicable minimum wage
VIII. What is the financial incentive, if any, granted by
law to SPQ Garments whose cutters and sewers in its
garments-for-export operations are 80% staffed by
deaf-mute workers? (1%)
(A) Additional deduction from its gross income equivalent
to 25% of amount paid as salaries to persons with
disability.
(B) Additional deduction from its gross income equivalent
to 50% of the direct costs of the construction of facilities
for the use of persons with disability.
(C) Additional deduction from its net taxable income
equivalent to 5% of its total payroll.
(D) Exemption from real property tax for one (1) year of
the property where facilities for persons with disability
have been constructed.
(E) The annual deduction under (A), plus a one-time
deduction under (B).
IX. Mr. Ortanez has been in the building construction
business for several years. He asks you, as his new
labor counsel, for the rules he must observer in
considering regular employment in the construction
industry.
You clarify that an employee, project or non-project,
will acquire regular status if _______. (1%)
(A) he has been continuously employed for more than one
year
(B) his contract of employment has been repeatedly
renewed, from project to project, for several years
(C) he performs work necessary and desirable to the
business, without a fixed period and without reference to
any specific project or undertaking
(D) he has lived up to the company’s regularization
standards
(E) All of the above.
X. Samahang Tunay, a union of rank-and-file employees
lost in a certification election at Solam Company and has
become a minority union. The majority union now has a
signed CBA with the company and the agreement
contains a maintenance of membership clause.
What can Samahang Tunay still do within the
company as a union considering that it still has
members who continue to profess continued loyalty
to it? (1%)
(A) It can still represent these members in grievance
committee meetings.
(B) It can collect agency fees from its members within the
bargaining unit.
(C) It can still demand meetings with the company on
company time.
(D) As a legitimate labor organization, it can continue to
represent its members on non-CBA-related matters.
(E) None of the above.
(F) All of the above.
XI. The members of the administrative staff of Zeta, a
construction company, enjoy ten (10) days of vacation
leave with pay and ten (10) days of sick leave with pay,
annually. The workers’ union, Bukluran, demands that
Zeta grant its workers service incentive leave of five (5)
days in compliance with the Labor Code.
Is the union demand meritorious? (1%)
(A) Yes, because non-compliance with the law will result
in the diminution of employee benefits.
(B) Yes, because service incentive leave is a benefit
expressly provided under and required by the Labor
Code.
(C) No, because Zeta already complies with the law.
(D) No, because service incentive leave is a Labor Code
benefit that doe not apply in the construction industry.
(E) Yes, because the Labor Code benefits are separate
from those voluntarily granted by the company.
XII. Upon the expiration of the first three (3) years of their
CBA, the union and the company commenced
negotiations. The union demanded that the company
continue to honor their 30-day union leave benefit under
the CBA. The company refused on the ground that the
CBA had already expired, and the union had already
consumed their union leave under the CBA.
Who is correct? (1%)
(A) The company is correct because the CBA has expired;
hence it is no longer bound to provide union leave.
(B) The company is correct because the union has
already consumed the allotted union leave under the
expired CBA.
(C) The union is correct because it is still the bargaining
representative for the next two (2) years.
(D) The union is correct because union leaves are part of
the economic terms and continue to govern until new
terms are agreed upon.
(E) They are both wrong.
XIV. Aleta Quiros was a faculty member of BM Institute, a
private educational institution. She was hired on a year-
to-year bsis under the probationary employment period
provision of the Manual of Regulations for Private
Schools. The terms and conditions of her engagement
were defined under her renewable yearly contract.
For reasons of its own, BM Institute no longer wanted to
continue with Aleta’s teaching sevices. Thus, after the
contract for her second year expired, BM Institute advised
Aleta that her contract would no longer be renewed. This
advice prompted Aleta to file a complaint for illegal
dismissal against BM Institute.
Will the complaint prosper? (1%)
(A) Yes, because no just or authorized cause existed for
the termination of her probationary employment.
(B) Yes, because under the Labor Code, Aleta because a
regular employee after 6 months and she may not only be
dismissed for cause.
(C) No, because there was no dismissal to speak of. Her
employment was automatically terminated upon the
expiration of her year-to-year fixed term employment.
(D) No, because BM Institute may dismiss its faculty
members at will in the exercise of academic freedom.
(E) No, because Aleta was still on probationary
employment.
XV. Robert, an employee of ABC Company, is married to
Wanda. One day, Wanda visited the company office with
her three (3) emaciated minor children, and narrated to
the Manager that Robert had been squandering his
earnings on his mistress, leaving only a paltry sum for the
support of their children. Wanda tearfully pleaded with the
Manager to let her have one half of Robert’s pay every
payday to ensure that her children would at least have
food on the table. To support her please, Wanda
presented a Kasulatan signed by Robert giving her one
half of his salary, on the condition that she would not
complain if he stayed with his mistress on weekends.
If you were the Manager, would you release one half
of Robert’s salary to Wanda? (1%)
(No, beccause an employer is prohibited from interfering
with the freedom of its employees to dispose of their
wages.
(B) Yes, because of Robert’s signed authorization to give
Wanda one half of his salary.
(C) No, because there is no written authorization for ABC
Company to release Robert’s salary to Wanda.
(D) Yes, because it is Robert’s duty to financially support
his minor children.
(E) No, because Robert’s Kasulatan is basd on an illegal
consideration and is of doubtful legal validity.
XVI. Ricardo operated a successful Makati seafood
restaurant patronized by a large clientele base for its
superb cuisine and impeccable service. Ricardo charged
its clients a 10% service charge and distributed 85% of
the collection equally among its rank-and-file employees,
10% among managerial employees, and 5% as reserve
for losses and breakages. Because of the huge volume of
sales, the employees received sizeable shares in the
collected service charge.
As part of his business development efforts, Ricardo
opened a branch in Cebu where he maintained the same
practice in the collection and distribution of service
charges. The Cebu branch, however, did not attract the
forecasted clientele; hence, the Cebu employees
received lesser service charge benefits than those
enjoyed by the Makati-based employees. As a result, the
Cebu branch employees demanded equalization of
benefits and filed a case with the NLRC for discrimination
when Ricardo refused their demand.
XVI(1) Will the case prosper? (1%)
(A) Yes, because the employees are not receiving equal
treatment in the distribution of service charge benefits.
(B) Yes, because the law provides that the 85%
employees share in the service charge collection should
be equally divided among all the employees, in this case,
among the Cebu and Makati employees alike.
(C) No, because the employees in Makati are not similarly
situated as the Cebu employees with respect to cost of
living and conditions of work.
(D) No, because the service charge benefit attaches to
the outlet where service charges are earned and should
be distributed exclusively among the employees providing
service in the outlet.
(E) N, because the market and the clientele the two
branches are serving, are different.
XVI(2) In order to improve the Cebu service and sales,
Ricardo decided to assign some of its Makati-based
employees to Cebu to train Cebu employees and expose
them to the Makati standard of service. A chef and three
waiters were assigned to Cebu for the task. While in
Cebu, the assigned personnel shared in the Cebu service
charge collection and thus received service charge
benefits lesser than what they were receiving in Makati.
If you were the lawyer for the assigned personnel,
what would you advice them to do? (1%)
(A) I would advise the to file a complaint for unlawful
diminution of service charge benefits and for payment of
differentials.
(B) I would advise them to file a complaint for illegal
transfer because work in Cebu is highly prejudicial to
them in terms of convenience and service charge
benefits.
(C) I would advise them to file a complaint for
discrimination in the grant of service charge benefits.
(D) I would advise them to accept their Cebu training
assignment as an exercise of the company’s
management prerogative.
(E) I would advise them to demand the continuation of
their Makati-based benefits and to file a complaint under
(B) above if the demand is not heeded.
XVII. Constant Builders, an independent contractor, was
charged with illegal dismissal and non-payment of wages
and benefits of ten dismissed employees. The
complainants impleaded as co-respondent Able
Company, Constant Builder’s principal in the construction
of Able’s office building. The complaint demanded that
Constant and Able be held solidarily liable for the payment
of their backwages, separation pay, and all their unpaid
wages and benefits.
If the Labor Arbiter rules in favor of the complainants,
choose the statement that best describes the extent
of liabilities of Constant and Able. (1%)
(A) Constant and ABle should be held solidarily liable for
the unpaid wages and benefits, as well as backwages and
separation pay, based on Article 109 of the Labor Code
which provides that “every employer or indirect employer
shall be held responsible with his contractor or
subcontractor for any violation of any provision of this
Code.”
(B) Constant and Able should be held solidarily liable for
the unpaid wages and benefits, and should order
Constant, as the worker’s direct employer, to be solely
liable for the backwages and separation pay.
(C) Constant and Able should be held solidarily liable for
the unpaid wages and benefits and the backwages since
these pertain to labor standards benefits for which the
employer and contractor are liable under the law, while
Constant alone — as the actual employer — should be
ordered to pay the separation pay.
(D) Constant and Able should be held solidarily liable for
the unpaid wages and benefits, and Constant should be
held liable for their backwages and separation pay unless
Able is shown to have participated with malice or bad faith
in the workers’ dismissal, in which case both should be
held solidarily liable.
(E) The above statements are all inaccurate.
XVIII. The Pinagbuklod union filed a Petition for
Certification Election, alleging that it was a legitimate
labor organization of the rank-and-file employees of Delta
Company. On Delta’s motion, the Med Arbiter dismissed
the Petition, based on the finding that Pinagbuklod was
not a legitimate labor union and had no legal personality
to file a Petition for Certification Election because its
membership was a mixture of rank-and-file and
supervisory employees.
Is the dismissal of the Petition for Certification
Election by the Med-Arbiter proper? (1%)
(A) Yes, because Article 245 of the Labor Code prohibits
supervisory employees from joining the union of the rank
and file employees and provides that a union representing
both rank and file and supervisory employees as
members is not a legitimate labor organization.
(B) No, because the grounds for the dismissal of a petition
for certification election do not include mixed membership
in one union.
(C) No, because a final order of cancellation of union
registration is required before a petition for certification
election may be dismissed on the ground of lack of legal
personality of the union.
(D) No, because Delta Company, did not have the legal
personality to participate in the certification election
proceedings and to file a motion to dismiss based on the
legitimacy status of the petitioning union.