1.

The modes of determining the exclusive bargaining agent of the employees in a business are: (a)
voluntary recognition; (b) certification election; and (c) consent election. Explain how they differ from
one another.

Voluntary Recognition refers to the process by which a legitimate labor union is recognized by the
employer as the exclusive bargaining representative or agent in a bargaining unit, reported with the
Regional Office in accordance with Rule VII, Section 2 of these Rules. Certification Election” or Consent
Election refers to the process of determining through secret ballot the sole and exclusive
representative of the employees in an appropriate bargaining unit for purposes of collective
bargaining or negotiation. A certification election is ordered by the Department, while a consent
election is voluntarily agreed upon by the parties, with or without the intervention by the
Department.

2. Juanito initiated a case for illegal dismissal against Mandarin Company. The Labor Arbiter decided in
his favor, and ordered his immediate reinstatement with full backwages and without loss of seniority
and other benefits. Mandarin Company did not like to allow him back in its premises to prevent him
from influencing his co-workers to move against the interest of the company; hence, it directed his
payroll reinstatement and paid his full backwages and other benefits even as it appealed to the NLRC.

A few months later, the NLRC reversed the ruling of the Labor Arbiter and declared that Juanito's
dismissal was valid. The reversal ultimately became final.

May Mandarin Company recover the backwages and other benefits paid to Juanito pursuant to the
decision of the Labor Arbiter in view of the reversal by the NLRC? Rule, with reasons

Mandarin Company cannot recover the backwages and other benefits paid to Juanito pursuant to the
decision of the Labor Arbiter despite the reversal by the NLRC. The refund doctrine has already been
reversed in Garcia v. Philippine Airlines, Inc., G. R. No. 164856, July 20, 2009, where the Supreme
Court then stressed that as opposed to the abovementioned Genuino v. National Labor Relations
Commission, G.R. Nos. 142732-33 & 142753-54, December 4, 2007, 539 SCRA 342 the social justice
principles of labor law outweigh or render inapplicable the civil law doctrine of unjust enrichment.

3. Due to business recession, Ballistic Company retrenched a part of its workforce. Opposing the
retrenchment, some of the affected employees staged a strike. Eventually, the retrenchment was found
to be justified, and the strike was declared illegal; hence, the leaders of the strike, including the
retrenched employees, were declared to have lost their employment status.

Are the striking retrenched employees still entitled to separation pay under Sec. 298 (283) of the Labor
Codedespite the illegality of their strike?

The strikers including the union officers should be paid their separation pay by virtue of retrenchment
notwithstanding the illegal strike was declared illegal. The issue on entitlement to separation pay due
to authorized cause and the ground for termination due to knowingly participating in illegal strike are
distinct and different.
4. Pursuant to his power under Sec. 278(g) (263(g)) of the Labor Code, the Secretary of Labor assumed
jurisdiction over the 3-day old strike in Armor Steel Plates, Inc., one of the country's bigger
manufacturers of steel plates, and ordered all the striking employees to return to work. The striking
employees ignored the order to return to work.

(a) What conditions may justify the Secretary of Labor to assume jurisdiction? (2.5%)

Pursuant to Article 263 (g) [now 278 (g)], when a labor dispute causes or is likely to cause a strike or
lockout in an industry indispensable to the national interest, the Secretary of Labor and Employment
may assume jurisdiction over the dispute and decide it or certify the same to the National Labor
Relations Commission (NLRC) for compulsory arbitration.

For a valid exercise of the assumption of jurisdiction authority, any of the following conditions must
be present:

a. Both parties have requested the Secretary of Labor and Employment to assume jurisdiction over
the labor dispute; or

b. After a conference called by the Office of the Secretary of Labor and Employment on the propriety
of the issuance of the Assumption or Certification Order, motuproprio or upon a request or petition
by either party to the labor dispute. In the said conference. the parties shall also be encouraged to
amicably settle the dispute

(b) What are the consequences of the assumption of jurisdiction by the Secretary of Labor, and
of the disobedience to the return to work? Explain your answer. (2.5%)

The consequences of assumption of jurisdiction are as follows:

a. If a strike or lockout has not taken place, the parties are enjoined to conduct any untoward action
that may lead to a strike or lockout.

b. if a strike or lockout has already taken place, all striking and locked out workers shall, within
twenty-four (24) hours from receipt of an Assumption or Certification Order, immediately return to
work and the employer shall immediately resume operations and readmit all workers under the same
terms and conditions prevailing before the strike.

c. At any point in time, the parties are not prevented from submitting the dispute to Voluntary
Arbitration with the Secretary of Labor and Employment or his/her duly authorized representative as
Voluntary Arbitrator or Panel of Voluntary Arbitrators.

While the consequence of disobedience to the return to work has been ruled in the case of Manila
Hotel Employees Association v. Manila Hotel Corporation, G.R. No. 154591, March 5, 2007. In holding
that defiance of the assumption order or a return-to work order by a striking employee, whether a
union officer or a member, is an illegal act and, therefore, a valid ground for loss of employment
status. The High Court explained:

The law explicitly prohibits such acts.