Art 218 STATE POLICIES

1. Promote negotiations, arbitration, mediation and conciliation

2. Promote free trade unionism
3. Foster organization
4. Promote enlightenment of workers
5. Expeditious settlement of labor dispute
6. Ensure stable and dynamic industrial peace
7. Ensure worker’s participation in decision making

CBA – negotiated contract between employer and employee concerning terms and
conditions

JURISDICTION OF LABOR ARBITER: [ CCUTE] within 30 days; Final after 10 days

1. Claims for reinstatement

2. Claims for damages
 3. ULP Gross
4. Termination dispute
5. Except for employee compensation, SSS, Medicare claims more than 5,000

POWERS OF COMMISION [ PACCE]

1. Promulgate rules governing hearing

2. Administer oaths, issue subpoenas, summon parties
3. Conduct investigation
4. Contempt
5. Enjoin or restrain acts

When to issue injunction: [ PUNS]

1. Prohibited or unlawful acts threatened

2. Unwilling public officers
3. No adequate remedy
4. Substantial or irreparable injury will follow

When appeal from LA be taken to NLRC: (decided within 20days)

1. GAD
2. Fraud
3. Purely questions of law
4. Serious errors in the finding of fact

Jurisdiction of BLR (act within 15days)

1. Interunion
2. Intraunion dispute
3. Disputes, grievance involving labor management relations
*submission of CBA

Certification cases Med Arbiter (20 days )

Appeal – 15 days

Registration – within 30 days

Denial – appeal within 10 days

Grievance – 7 days
-interpretation of policies
Registration for Independent Union: [RANNMAC]
1. Fifty pesos (P50.00) registration fee;
2. names of its officers, their addresses,
3. Address of the labor organization,
4. minutes of the organizational meetings and
5. names of all its members comprising at least (20%) of all the employees in the
bargaining unit
6. annual financial reports (if existedmore than 1 yr)
7. Four (4) copies CBL,

Registration for Federation: [MAARCO]

1. minutes of the organizational meetings and
2. annual financial reports;
3. Addresses of the companies where chapters are located
4. Resolution of 10 affiliates
5. Four (4) CBL,
6. officers, their addresses,

Registration for Charter: [CNC]

1. charter certificate
2. The names of the chapter’s officers, their addresses, and the principal office of the
chapter;
3. The chapter’s constitution and by-laws: Provided, That where the chapter’s
constitution and by-laws are the same as that of the federation or the national
union, this fact shall be indicated accordingly.

Ground for cancellation: [ MMV]

The following MAY (to give discretionary powers to the Labor Arbiters et al) constitute
grounds for cancellation of union registration:

1. Misrepresentation, false statement or fraud in connection with the adoption or

ratification of CBL
2. Misrepresentation, false statement or fraud in connection with the election of
officers
3. Voluntary Dissolution by members.(2/3)

*report by 30% members of the union regarding a violation

ART 251 RIGHTS OF LLO: [ REFOSO]
1. representative of its members for the purpose of collective bargaining;
2. exclusive representative of all the employees in an appropriate bargaining unit for
purposes of collective bargaining;
3. financial statements,
4. own property for the use and benefit of the labor organization and its members;
5. sue and be sued in its registered name; and
6. other activities designed to benefit the organization and its members,

Rights and conditions of membership in a labor organization. [NFDQBEEPPS]

1. No arbitrary or excessive initiation fees

2. No labor organization shall knowingly admit as members who belongs to a
subversive organization or who is engaged in any subversive activity;
3. No person who has been convicted of a crime involving moral turpitude shall be
eligible for election as a union officer.
4. No officer, agent or member of a labor organization shall collect any fees unless he
is duly authorized pursuant to its constitution and by-laws;
5. No other qualification for candidacy other than good standing
6. No extraordinary fees unless authorized by written resolution of majority of
members
7. Funds shall not be applied for other purposes not pursuant to CBL
8. Duty of treasure to account for the money
9. Questions of policies affecting the membership
10. Be informed of the provisions of CBL
11. Entitled to full and detailed reports of all financial transactions
12. Every payment of fees, dues or other contributions by a member shall be
evidenced by a receipt.
13. Power to Inspect books
14. Power to elect officers
15. Salaries of officers provided in CBL or written resolution by all members

Accounting Duties of Treasurer

1. 1x a year within 30 days after close of its fiscal year

2. When resolution of majority
3. Upon vacating his office
Reportorial Requirements: [ CLLA]
1. CBL within 30 days from ratification…1,000 reg fee
2. List of officers and voters within 30 days
3. Annual financial report within 30 days
4. List of members 1x a year

Article 259. Unfair labor practices of employers. [VVPCRIIDD]

1. Violate the duty to bargain
2. Violate a CBA
3. Pay negotiation or attorney’s fees as part of the settlement of any issue
4. Contract out services or functions being performed by union members
5. Require as a condition of employment that a person or an employee shall not join
6. Interfere with, restrain or coerce employees in the exercise of their rR2so
7. Initiate, dominate, assist or otherwise interfere with the formation or
administration of any labor organization,
8. Discriminate in regard to wages, hours of work and other terms and conditions
9. Dismiss, discharge an employee for having given or being about to give testimony

Unfair labor practices of labor organizations.[CCRAVV]

1. cause or attempt to cause an employer to discriminate against an employee
2. cause or attempt to cause an employer to pay or deliver any money or other things
of value for services which are not performed or not to be performed, including the
demand for fee for union negotiations;
3. restrain or coerce employees in the exercise of their right to self-organization.
4. 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;
5. violate the duty, or refuse to bargain collectively
6. violate a collective bargaining agreement.

Article 261. Procedure in collective bargaining.

1. Written notice by a party upon the other party with a statement of its proposals.
2. reply thereto not later than ten (10) calendar days from receipt of such notice;
3. Should differences arise , request for a conference which shall begin not later than
ten (10) calendar days from the date of request.
4. If the dispute is not settled, the Board shall intervene upon request of either or both
parties or at its own initiative and immediately call the parties to conciliation
meetings.
RUN OFF ELECTION:

1. There are 3 or more choices

2. None of the contending unions garnered the majority of the valid votes
3. Total number of votes for all contending union if added is at least 50%
4. The 2 highest unions will participate in the runoff

Article 274. Jurisdiction of Voluntary Arbitrators: [HIVU]

1. hear and decide all unresolved grievances arising from the interpretation or
implementation of the CBA
2. interpretation or enforcement of company personnel policies
3. violations of a Collective Bargaining Agreement, (not gross)
4. Upon agreement of parties , ULP

Duty to bargain
1. Meet and convene promptly in good faith for the purpose of negotiating an
agreement as to wages, hours of work and other terms and conditions
2. Neither party shall terminate unless serve a written notice 60 days prior

Cost of voluntary arbitration

1. Nature of case
2. Time consumed
3. Professional standing of VA
4. Capacity to pay of parties
5. Other fees provided by the code

Requisites of a Valid Strike

1. Notice of Strike to NCMB
2. Cooling Off Period
- 15 Days for ULP strike
- Not required in cases of Union Busting
- 30 Days for Economic Strike
3. Notice of strike vote; strike vote; report of results of strike vote;
4. 7-day strike ban
"Trade union activities" shall mean: [ A2NO3]
(1) organization, formation and administration of labor organization;
(2) negotiation and administration of collective bargaining agreements;
(3) all forms of concerted union action;
(4) organizing, managing, or assisting union conventions, meetings, rallies,
(5) any form of participation or involvement in representation proceedings,
(6) other activities or actions analogous to the foregoing.

Elements of Strike : [ OCT]

1. Temporary stoppage of work by the employees

2. Concerted action
3. Occasioned by an industrial and labor dispute

Elements of union busting :

1. Dismissal from employment of duly elected union officers and,
2. Existence of union is threatened

Requisites for SEBA: [NNBES]

1. Name and address of LLO
2. Name and Address of Company
3. Bargaining unit
4. Employees number
5. Statement of existence of other LO

Request for SEBA ; within 1 day Reg Director

1. Determine whether request is compliant
2. Copy of payroll
Within 5 days conference for submission:
1. Name of employees
2. Certification by president that documents are true
*if not refer to election officer

Requisites for validity of Union Dues [WIS]

1. Written resolution of the majority
2. Individual written authorizations.
3. Secretary’s record of minutes

DEADLOCK : state of inaction or of neutralization caused by the opposition of persons or

factions.

Exceptions to SENA:

1. Notices of Strikes, lockout, preventive mediation

2. Interpretation / Implementation of CBA

Requisites of Collective Bargaining : [BLEM]

1. Bargaining unit should be validly constituted

2. Lawful written demand to bargain and a clear statement of proposals
3. EER must exist
4. Majority status of SEBA must be established

Emergency Overtime Work : [PUNWC]

1. Perishable goods
2. Urgent work to be performed on machines, equipment
3. Necessary to prevent loss or for public safety
4. War
5. Completion of work that started before the 8th hour

When may employer require work on a rest day [PUN ANO]

1. Perishable goods
 2. Urgent work to be performed on machines, equipment
3. Necessary to prevent loss or for public safety
4. Abnormal pressure of work
5. Nature of work require continuous operations
6. Other Circumstances analogous

Nighshift (10pm-6am) 10%

OT 25%
OT rest day / holiday 30%
Rest day work 30%
No scheduled rest day, Sunday 30%
holiday
Special Holiday 30%
Special Holiday / Rest 50%
Regular Holiday 2x

New Year’s Day -January 1

Maundy Thursday – Movable Date
Good Friday – Movable Date
Eidul Fitr – Movable Date
Eidul Adha – Movable Date
Araw ng Kagitingan – Monday nearest April 9
(Bataan and Corregidor
Day)
Labor Day – Monday nearest May 1
Independence Day – Monday nearest June 12
National Heroes Day – Last Monday of August
Bonifacio Day – Monday nearest November 30
Christmas Day – December 25
Rizal Day – Monday nearest December 30

“(b) Nationwide Special Holidays

Ninoy Aquino Day – Monday nearest August 21

All Saints Day – November 1
Last Day of the – December 31
Year
 Chinese New Year
Black Saturday
EDSA revolution

Wage Deduction:

1. Worker is insured
2. Checkoff
3. Employer authorize by law

*deposits for loss only for trades or occupations where that is the practice or when
determined by SOLE

National Wages and Productivity Commision / RTWPB

1. SOLE - reg dir
2. Dir Gen of NEDA - reg dir
3. 2 members from workers
4. 2 members from employees

Powers of National Wages and Productivity Commision

1. Advisory body of President

2. Formulate policies and guidelines
3. Prescribe rules in determination of minimum wage
4. Review regional wage levels
5. Research
6. Review plans of RTWPB
7. Supervise RTWPB
8. Call for conference
9. Necessary powers to implement the LC

Art 128 Visitorial and Enforcement Power (compliance with wages, standards)APIM
1. SOLE / Authorized rep shall have access to employer’s records whenever work is
being undertaken and the right to copy/question
2. Power to issue to compliance orders
3. issue writs of execution
4. May order stoppage of work

Art 129
1. Upon complaint of any party, regional director may thru summary proceeding hear
and decide matter involving recovery wages does not exceed 5k
2. May be appealed within 5 days to NLRC
Visitorial Power book 5
– Upon filing of complaint under oath supported by written consent of 20% members
labor union
– For financial records and compliance with CBL
– Shal not be conducted during the freedom period and 30 days before election

MANAGERIAL EMPLOYEES
BOOK 3 BOOK 5
Primary duty consists of management of One vested with powers or prerogatives to
the establishment, includes managerial lay down and execute management policies
staff and or to hire , suspend ,layoff ,discipline
employees.

Single Entry Approach

- Administrative approach to provide a speedy, impartial, inexpensive and accessible

settlement procedure of all labor issues or conflicts to prevent them from ripening
into full blown disputes.

Referral
- Document issued by the desk officer referring the unresolved issues to the
appropriate DOLE office or Agency that has jurisdiction over the dispute.

Process
1. Receiving and Recording
2. Assignment and handling
3. Conduct of conciliation-mediation
4. Settlement agreement
5. Monitoring and enforcement

BARS
1. Contract bar
2. Certification bar
3. Deadlock bar

Nego bar
Statutory bar

Challenging of votes Protest

Voter eligibility Conduct and mechanics of election
Raised yun pre-election conferences Recorded during election, formalized
within 5 days from close of elections
 BOOK 3

4 fold test:

1. Selection and Engagement

2. Payment of wages
3. Power to dismiss
4. Power of Control

*Economic dependency test

Authorized Causes – causes brought by the necessity and exigencies of business, changing
economic conditions and illness of employees

[CRIID]

 Notice 30 days before

Separation Pay
Closure not due to losses 1 mon / 1/2 mo per year
Redundancy Services of employee are 1 mon / 1 mo per year
in excess of what is
reasonably demanded
Retrenchment To avoid or minimize 1 mon / 1/2 mo per year
business losses
Installation of Labor Reduction of workers 1 mon / 1 mo per year
Saving Device made necessary by
introduction of machines
Disease 1 mon / 1/2 mo per year
Requisites for Disease:
1. Must be suffering a
disease
2. Prejudicial to
his/her health and
 that of co
employees
3. Certification by
competent public
health authority
that disease is
incurable for 6
months

Just Causes – causes directly attributable to the fault or negligence of employees

Due Process:
1. First written notice – cause or gounds, narration of facts, directive to submit
written explanation within a reasonable period
2. Opportunity for employee to be heard ( upon request or evidentiary facts are
disputed)
3. Written notice of termination

Grounds [GCFLAWS]
1. Gross and Habitual neglect of duties
2. Commission of a crime
3. Fraud or Willful breach of trust
4. Loss of Confidence
5. Analogous Causes
6. Willful disobedience or insubordination
7. Serious Misconduct

Classes of positions of trust:

1. Managerial Employees
2. Cashiers, auditors, property custodians, employees who hold significant amount of
money or property

TERMINATION BY EMPLOYEE [SICO]

1. Serious Insult by employer

2. Inhumane and unbearable treatment
3. Commission of a crime by employer
4. Other causes analogous
Types of Employees

Regular Intricately connected to the operations of the business;

necessarily and desirable.
Project Engaged for a specific period or specific undertaking expressly
made known to them at the time of engagement.
Seasonal Those who perform services which are seasonal in nature and
the employment is for the duration of the season.
Casual those who are not regular, project or seasonal; engaged to
perform a job, work or service for a definite period made known
to the employee at the time of engagement
Probationary Parties intend to make their relationship regular after the lapse
of the period; reasonable standards