Collective bargaining performance of mutual obligation to meet

and convene promptly and expeditiously in GF for the purpose of

negotiating an agreement
Does not compel any party to agree to a proposal or to
make a concession
In the case of Kiok Loy - ER not under duty to initiate
Pending PCE does not preclude collective bargaining
Violations of duty to bargain amounting to ULP
o Failure or refusal to meet and convene
o Evading the purposes of bargaining
o Not observing GF in bargaining
o Grossly violating the economic provisions of the CBA
Procedure of Collective Bargaining
1. serve a written notice to the ER with the statement of the
proposal
2. Reply or counter proposal not later than ten days from
receipt
3. Should differences arises, request for conference not later
than ten days from request
4. WAS NOT ABLE TO WRITE DOWN THE LAST
PROCEDURE
Deadlock
Parties may refer to conciliation or mediation by the NCMB
Declare a strike or lockout
Refer the case to compulsory or voluntary arbitration
Terms
Two terms involved
Representation aspect - 5 years , identity and majority
status of the union that negotiated the CBA as the SEBA
Economic provisions - not later than 3 years
**Representation limit does not apply when the parties agreed to
suspend the CBA -Rivera vs Espiritu case
**Agreement to extend the original five year term will not carry
with it the representation aspect. Exclusive bargaining status
cannot go beyond five years (FVC vs SANAMA FVC SIGLO)

AUTOMATIC RENEWAL CLAUSE

parties shall observe the status quo and continue in full

force and effect the existing CBA during the freedom period
or until a new agreement is reached
It is the same as the hold over principle

Hold Over Principle

For the meantime that the parties are still negotiating a new CBA,
the hold over principle will state that the parties will have to
implement the existing CBA, until such time that the new CBA has
been reached by the parties.
RETROACTIVITY
if agreement reached within six months - day immediately expiry of
the old CBA
if beyond six months - date agreed by the parties
During assumption of SOLE over labor dispute - date fixed by the
SOLE - because of their PLENARY POWER
AUTOMATIC INCORPORATION CLAUSE
Existing laws form part of a valid CBA without need for the parties
to make reference to it.
UE vs Pepanio - a school CBA must be read in conjunction with
statutory and administrative regulations faculty qualifications
POSTING/publication
CBAs have to first be ratified by the majority.
After ratification CBA is not yet effective. It has to be posted
first
Duty to post is on the employer and not with the union
Noncompliance with the posting of the CBA will render the
CBA ineffective.
It should also be registered with the regional office where
the Collective bargaining agent was issued a certificate of
registration
Duty of the bureau in issuing registration of CBA is NOT
ministerial because they have to review the CBA and other
requirements that must be submitted such that if there is
noncompliance by the collective bargaining agent with the
documents and provisions of the CBA, the bureau can
actually deny the CBA.
MANDATORY PROVISIONS
Provisions on:

1.
2.
3.
4.
5.
6.
7.
8.

Wages
Hours of work
Grievance machinery
Voluntary arbitration
No strike no lockout clause
Labor management council - participatory decision making
Drug free workplace
Breastfeeding or lactation station

Different Forms of UNION SECURITY

1. UNION SHOP
All new regular EEs are required to join the union within a certain
period as a condition of continued employment
2. MAINTENANCE OF MEMBERSHIP
EEs who are union members as of the effectivity of the existing CBA
or thereafter became members must maintain membership until
promoted transferred out of the Bargaining unit or the agreement is
terminated

Union security if that was effected by the ER in good faithmeaning that ER relied that the Union security clause is
applicable.
UNFAIR LABOR PRACTICE
two aspects
1. Civil - claims for damages, attorneys fees and other
affirmative reliefs
o Recovery in admin proceedings shall bar recovery
under the civil code
o Jurisdiction with the LA, it will have to determine
administratively if there is ULP but only as to the civil
aspect.
2. CRIMINAL- requires prior determination of ULP
o Jurisdiction is vested in regular courts
o Final judgment in admin proceedings is not binding in
courts of general jurisdiction but merely a procedural
requirement

3. CLOSED SHOP
No person may be employed unless he or she becomes a member
in good standing until the termination of the agreement.

PRESCRIPTION
Prescription will not run pending the administrative proceeding
determination of the existence of ULP and prescription is one
year from the commission of the alleged ULP

EXCEPTIONS
1. The provisions on Union security shall not prejudice the
rights of the existing worker who is an existing member of
another labor union.
2. religion

Elements of ULP
1. ER EE relationship
2. Act must be expressly mentioned in the labor code as ULP
3. Violates the right of the workers to self organization if ER
was the one who committed ULP

Termination due to union security

Requirements as stated in the case of picop vs taneca
1. Union security is applicable
2. Union is requesting enforcement of the clause - ER cannot
unilaterally implement it
3. There must be sufficient evidence - the ER must comply
with the twin notice requirement

UNFAIR LABOR PRACTICES COMMITTED BY THE EMPLOYER

1. Interference
2. Yellow dog contract
3. Contracting out
4. Company Union or domination
5. Discrimination
6. Dismissal or discrimination of an EE WHO will give testimony
AGAINST THE ER
7. Violate of duty to bargain collectively
8. Pay negotiation or attorney's fees to Union or officers
9. Gross violation of CBA

Termination due to Union security

ER must conduct its own inquiry before terminating an EE as
to whether there is sufficient ground to dismiss the EE based
on Union security
ER is not required to pay back wages or financial assistance
in the form of penalty for dismissing an EE pursuant to

Interference - the most significant

Test: if the ER is engaged in a conduct which interferes with the EEs
right to self organization

Direct evidence that an EE was in fact intimated or coerced

is not necessary
An example would be Sending out letters promising benefits
to striking EEs without coursing through the union is
considered as strike breaking. - insular life assurance EE
association vs insular life
Interference in the selection of the panel of the other party
in the negotiations or coerces the union to exclude in its
panel...

Case of Cainta catholic school - no interference if separation of

service is effected through retirement, as stated in the retirement
provision of the CBA
Sponsoring a field trip for the EEs excluding union members before
the certification election activing campaigning against the union
during the field trip escorting them to the polling center. (t&h shop
fitter vs t&h shop fitter unions)
Contracting out of services
Not illegal per se,absent proof that the management acted
in a malicious and arbitrary manner - bpi EEs Union vs bpi
But if stipulated in the CBA that the ER is precluded what
otherwise would have been its prerogative to do I.e. To
contract services - she'll oil workers case
Discrimination
Must be committed Ito encourage or discourage Union
membership
No discrimination if keeping the EEs out of the premises
arose from fear or apprehension that they may sabotage the
products machinery and spare parts which was done in
another branch by striking union members - rizal cement
workers vs madrigal
Dismissal of a brother of the EE who refused to withdraw
his complaint against the company was declared as an act
discriminatory and constitutes as a ULP - case of
Runaway shop
Industrial plant moved by the owners from one location to
another to escape union labor regulations or to discriminate
EEs in the old plant because of union activities. (complex
electronic EEs association vs complex electronics)

Surface bargaining
Going through the motion of negotiating without any legal intent to
reach an agreement. (standard chartered vs confessor)
UNFAIR LABOR PRACTICES COMMITTED BY LABOR UNIONS
1. Restrain or coercion of EEs from exercising their right to self
organization
2. Cause or attempt to cause the ER to discriminate an EE
3. Violate the duty or refusal to collectively bargain
4. Cause or attempt to cause the ER to pay or deliver or agree
to pay or deliver any money or other things of value for
services which are not performed or not to be performed feather bedding
5. Sweetheart contract - labor union will ask or accept
negotiation or attorney's fees from ERs, this can also be
committed by the ER
6. Gross violation of CBA
Blue sky bargaining
Economic demands of the EEs were exaggerated or unreasonable
PEACEFUL CONCERTED ACTIVITIES - resorted to by ER and EE
I.

by a Labor union

Strike
Any temporary stoppage of work arising from industrial or
labor dispute
It may
1.
2.
3.
4.

come in many forms such as

Slowdown
Mass leaves
Sit down
Attempts to destroy damage sabotage plant equipment or
facilities
5. Wildcat strike - declared by members of labor union without
formal approval coming from the Union

Examples
Concerted violation of grooming standards resulting in temporary
cessation or disruption of operations constitutes illegal strike
(NUWHRAIN vs ca)

Usual indicators such as - Not reporting for work, gathering in front

of company premises to hold a protest action, deliberate absence
wearing red ribbons, Carrie cola cards and slogans marching to and
from in front of the company premises during work hours affecting
company operations (Club Filipino vs Bautista)
Illegal strike if the notice of strike is converted into a preventive
mediation or conciliation by the parties. In other words, if
converted to a preventive mediation or conciliation, there cannot
be a valid strike.
Innocent Bystander
Injunction is proper if filed by the third parties to a labor dispute or
those without industrial connection or interest totally foreign to the
context of the dispute.(MSF rubber tire vs CA)
They can file in courts of general jurisdiction an injunction to
prevent a conduct of a strike. This is an exception to the prohibition
on regular courts to issue an injunction.
Not an innocent bystander if third party's interest is intricately
connected with the ER whose company is part of the strike being
conducted by the EEs
Picketing
Right of workers to peacefully March to and from before an
establishment involved in a labor dispute generally accompanied
by carrying or placing of signs placards and banners intended to
inform the public of the dispute
When
When
1.
2.
3.
II.

does it become illegal?

Staged through the use of illegal means
Involves employment of violence and other illegal acts
Injunction is necessary to protect the rights of third parties
by the Employer

Lockout
Any temporary refusal of the ER to furnish work as a result
of an industrial or labor dispute
Labor or industrial dispute refers to any controversy concerning
terms and condition of employment and/or association or
representation or persons in negotiating, fixing, maintains,
changing or atranging terms and conditions of employment

Any issues outside the this definition will not constitute as a

labor or industrial dispute.

Requisites of strike or lockout

1. Valid and factual ground - strikeable ground
2. Notice of strike or lockout
3. Notice is served to the dole-NCMB
4. Strike or lockout vote
5. Strike or lockout vote report
6. Cooling off period
7. 7 day waiting period
Valid and factual ground
A. CBA deadlock
Presuppose reasonable effort at GF bargaining which despite noble
intentions, does not conclude an agreement
B. ULP
Only GROSS VIOLATION of the economic provisions of the CBA are
treated as ULP.
Violation of the union shop agreement cannot constitute as ULP

Notice of strike or lockout

If CBA deadlock, thirty days before the intended strike or lockout
If ULP, fifteen days before the intended strike or lockout
Notice served to NCMB
At least 24hours before the strike or lockout vote, otherwise, strike
or lockout will be deemed illegal
Strike or lockout vote
Majority of Union membership or board of directors
Necessary even if the ground for a strike is union busting,
this will not refer to lockout ever!
Report
At least seven days prior to intended strike or lockout
Still required even in case of union busting
Cooling off
CBA deadlock, thirty days
ULP, fifteen days
Union busting, none

**Reckoning period, filing of notice of strike or lockout vote with the

NCMB
Seven day waiting period or strike ban
**Reckoning period, on the date of the submission of strike vote
report
One day deficiency will render the strike illegal
Purpose: to ensure that the strike or lockout vote was indeed taken
and the majority of the members approved the strike or lockout
Effects of an illegal strike
Liability of a Union officer who knowingly participates in
an illegal strike or commit illegal acts during a strike is
declared to have lost his employment status.
Note that knowledge is sine qua non before he may be
dismissed
Union officer may be dismissed even if the illegal strike was
held only for one day. (samahan ng Manggagawa. Sulpicio
lines vs ...)
Wholesale forfeiture or employment status is not allowed.
(Telefonica semiconductors EEs Union vs SOLE)

Liability of union members who knowingly participated in

the commission of illegal acts during a strike, may be
declared to have lost his employment status

Case of ... community medical center vs yballe - relief for

dismissed union members for participating in an illegal
strike is separation pay in lieu of reinstatement - doctrine of
strained relation is applicable

Mere participation is a lawful strike shall not constitute

sufficient ground for termination even if a replacement had
been hired by the ER during such strike.

ASSUMPTION OF JURISDICTION
REQUISITES
Industry indispensable to the national interest
o Match factory is not imbued with national interest.
Case of phimco vs brillantes
Examples
Telecommunications industry

Airline companies, banks, educational institutions, hospitals and

clinics, shipping and port services, daily newspapers, company
producing chlorine for water treatment
Who may exercise power to assume jurisdiction
Dole secretary
President
Nature of power: plenary
All cases pending or may be filed during the assumption of
jurisdiction may be assumed or recognized by the SOLE
**Certified case: when SOLE would exercise continuously
jurisdiction, it will just then be certified to the NLRC, so the NLRC
would be the one to settle the dispute.

Service: rule on service of summons must apply

It must be made personally
If impossible, by leaving a copy between eight am and six
pm at the party's or counsel s residence is known, with a
person of sufficient age and discretion residing there're in
Presumption of receipt by the labor union cannot be treated
lightly, meaning the service of summons, in the case of
assumption of jurisdiction should also be strictly complied
with
Effects
Intended or impending strike or lockout is automatically
enjoined even if a MR is filed on the assumption of
jurisdiction
Strikers or locked out EEs should immediately return to work
ER should reinstate them
on the same terms and
conditions prevailing before the conduct of the strike or
lockout.
Return to work
It is immediately executory.
Payroll reinstatement in lieu of actual reinstatement is not
allowed except when reinstatement is impossible or not conducive
to attaining the purpose of the law. (university of immaculate
conception vs sole, NUWHRAIN vs ca)

Defying a return to work order would constitute abandonment of

work (St scholastics college vs Torres)
ER may hire replacements in case of defiance by workers without
need of a hearing.
But ER my be liable for back wages, damages and other reliefs,
even criminal prosecution in case of refusal to readmit workers.
Refers to criminal prosecution for ULP
ER waived it's right to proceed against EEs who committed illegal
acts during a strike, when during a conference, it agreed to
reinstate and comply with the return to work order.
Improved offer balloting, in case of strike, the NCMB regional
branch shall conduct a referendum on the improved offer by the
ER, on or before the 30th day of the strike
Reduced offer balloting, in case of lockout, the NCMB regional
branch shall conduct a referendum on her diced offer by the labor
union or before the 30th day of the lockout