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C 1. What is the employees right to self-organization?

A. Is a union or association of employees which exists in whole or in
part for the purpose of collective bargaining or dealing with employers
concerning terms and conditions of employment.
B. It is the right of the employees to enter with the management of a
company into the so-called collective bargaining process or another process
where both parties agree to resolve their differences.
C. It is the right of the employees to form, join or assist in the formation of a
labor organization of their own choosing for purposes of collective
bargaining through representatives of their own choosing and to engage in
lawful concerted activities for purposes of collective bargaining or for their
mutual aid and protection.
D. Is the fairest and most effective way of determining which labor
organization can truly represent the working force.
REASON: Based on Article 246 of the Labor Code.

D 2. What is an independent union?

A. It is any labor organization operating at the enterprise level whose
personality is derived through the issuance of a charter by a duly registered
federation or national union.
B. It is any labor organization with at least ten (10) locals/chapters or affiliates
each of which must be a duly certified or recognized collective bargaining
agent.
C. It is any group of legitimate labor organizations operating within an
identified industry, organized for collective bargaining or for dealing with
employers concerning terms and conditions of employment within an
industry, or for participating in the formulation of social and employment
policies, standards and programs in such industry, which is dully registered with
the Department of Labor and Employment.
D. It is any labor organization operating at the enterprise level whose legal
personality is derived through an independent action for registration.
REASON: Prescribe under article 234 of the Labor Code and the Rule III,
Section 2 of the Implementing Rules.
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A 3. What is a local union or a chapter?

A. It is any labor organization operating at the enterprise level whose
personality is derived through the issuance of a charter by a duly registered
federation or national union.
B. It is any labor organization with at least ten (10) locals/chapters or affiliates
each of which must be a duly certified or recognized collective bargaining
agent.
C. It is any group of legitimate labor organizations operating within an
identified industry, organized for collective bargaining or for dealing with
employers concerning terms and conditions of employment within an
industry, or for participating in the formulation of social and employment
policies, standards and programs in such industry, which is dully registered with
the Department of Labor and Employment.
D. It is any labor organization operating at the enterprise level whose legal
personality is derived through an independent action for registration.
REASON: Subject to the reporting requirements prescribed in Rule VI of the
Implementing Rules.

B 4. What is national union or a federation?

A. It is any labor organization operating at the enterprise level whose
personality is derived through the issuance of a charter by a duly registered
federation or national union.
B. It is any labor organization with at least ten (10) locals/chapters or affiliates
each of which must be a duly certified or recognized collective bargaining
agent.
C. It is any group of legitimate labor organizations operating within an
identified industry, organized for collective bargaining or for dealing with
employers concerning terms and conditions of employment within an
industry, or for participating in the formulation of social and employment
policies, standards and programs in such industry, which is dully registered with
the Department of Labor and Employment.
D. It is any labor organization operating at the enterprise level whose legal
personality is derived through an independent action for registration.
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REASON: Based on Rule I, Section 1(m), Department Order No. 9, Series of

1997

C 5. What is an industry union?

A. It is any labor organization operating at the enterprise level whose
personality is derived through the issuance of a charter by a duly registered
federation or national union.
B. It is any labor organization with at least ten (10) locals/chapters or affiliates
each of which must be a duly certified or recognized collective bargaining
agent.
C. It is any group of legitimate labor organizations operating within an
identified industry, organized for collective bargaining or for dealing with
employers concerning terms and conditions of employment within an
industry, or for participating in the formulation of social and employment
policies, standards and programs in such industry, which is dully registered with
the Department of Labor and Employment.
D. It is any labor organization operating at the enterprise level whose legal
personality is derived through an independent action for registration.
REASON: Based on Rule I, Section 1(o), Department Order No.9, Series of
1997

C 6. Who are not entitled under the Labor Code to exercise the right to self-
organization?
A. Commercial Employed C. Rural worker with any
definite employer
B. Educational Institutions D. All of the Above
REASON: (A) All persons employed in commercial, industrial and agricultural
enterprises and in religious, charitable, medical or educational institutions
whether operating for profit or not;
(B) Ambulant, intermittent and itinerant workers, self-employed
people, rural workers and those without any definite employer. (Article 243,
Labor Code)
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A 7. Who are eligible to join or to entitle to unionize?

A. Rank-and-File Government Employees C. High-Level Employees
B. Manager D. Policemen
REASON: Based on Section2 (5) of Article IX-B of the 1987 Constitution and
Executive Order No. 180, promulgated on June 1, 1987, provides:
Section 2: All government employees can form, join or assist
employees organizations of their own choosing for the furtherance and
protection of their interests. They can also form, in conjunction with
appropriate government authorities, labor-management committees, works
councils and other forms of workers participation schemes to achieve the same
objectives.
Section 3: High-level employees whose functions are normally
considered as policy-making or managerial or whose duties are of a
highly confidential nature shall not be eligible to join the organization of
rank-and-file government employees.
Section 4: This Executive Order shall not apply to the members of the
Armed Forces of the Philippines, including police officers, policemen, firemen
and jail guards.

B 8. May managerial employees and supervisory personnel form or join labor

unions?
A. Managerial employees and Supervisory Personnel are eligible to form or
join a labor or organization.
B. Managerial employees are not eligible to form or join but Supervisory
Personnel may join or form a labor organization of their own.
C. Managerial employees and Supervisory Personnel are not eligible to form
or join a labor organization
D. Managerial employees are eligible for membership in a labor organization
of the rank-and-file employees but Supervisory Personnel are not eligible
to form or join any labor organization of their own.
REASON: Under Article 245 of the Labor Code, as amended by Rep. Act 6715,
managerial employees are not eligible to join, assist or form any labor
organization. However, supervisory employees may join, assist or form labor
CHAPTER XI: RIGHT TO SELF-ORGANIZATION

organizations of their own but they are not eligible for membership in a labor
organization of the rank-and-file employees.

A 9. What is Confidential Employees?

A. Is one entrusted with confidence on delicate matters, or with the custody,
handling, or care and protection of the employer.
B. Is one trusted without confidence on delicate matters, or with the custody,
handling, or care and protection of the employer.
C. Is one entrusted without confidence on delicate matters, or with the
custody, handling, or care and protection of the employer.
D. Is one trusted with confidence on delicate matters, or with the custody,
handling, or care and protection of the employer.

A 10. Based on Article 245 of the Labor Code singles out managerial employees
are__.
A. Not eligible to join, assist or form any labor organization.
B. Eligible to join, assist or form any labor organization.
C. None of the Above
D. All of the Above
REASON: Article 245 of the Labor Code. Ineligibility of Managerial Employees
to join any Labor Organization; Right of Supervisory Employees.

CASE 1 (NO.11-13)
Among the members of the rank-and-file union of a motor company are
engineers who are responsible for overseeing initial production of new models,
prepare and monitor construction schedules for new models, identify manpower
requirements for production, facilities and equipment, and lay-out processes.

C 11. Are the aforesaid engineers supervisory?

A. YES, only do they oversee production of new models.
B. NO, only determine manpower requirement.
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C. YES, not only do they oversee production of new models but also
determine manpower requirement.
D. NO, not only do they oversee production of new models but also
determine manpower requirement.
REASON: Not only do they oversee production of new models but also
determine manpower requirements, thereby influencing important hiring
decisions at the highest levels. This determination is neither routine nor clerical
but involves the independent assessment of factors affecting production which
in turn affect decisions to hire or transfer workers.

B 12. Are the aforesaid engineers eligible to join the rank-and-file union?
A. YES, if the employees are torn between the interest of the union.
B. NO, if the employees are torn between the interest of the union and the
interest of management.
C.YES, if the employees are torn between the interest of the union and the
interest of management.
D.NO, if the employees are torn between the interest of management.
REASON: The use of independent judgment in making the decision to hire, fire
or transfer in the identification of manpower requirements would be greatly
impaired if the employees loyalties are torn between the interests of the
union and the interests of management. The employee would find it
difficult to objective identify the exact manpower requirements dictated by
production demands.
This is precisely what the Labor Code, in requiring separate unions among
rank-and-file employees on one hand, and supervisory employees on the other,
seeks to avoid.

D 13. May a union with rank-and-file and supervisory employees attain the status of
a legitimate labor union?
A. YES, its not violating the labor code
B. NO, only the rank-and-file only
C. NO, only the supervisory employees
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D. NO, its violating the labor code

REASON: The unions composition is in violation of the Labor Codes
prohibition of unions composed of supervisory and rank-and-file employees.
(Toyota Motor Philippines Corporation vs. Toyota Motor Philippines
Corporation Labor Union et. Al., G. R. No. 121084, February 19, 1997)

D 14. Which is not a features of the Labor Code that protect and strengthen labor
unions?
A. On unfair labor practices of employers
B. Recognizing the right of labor organizations to prescribe their own rules
with respect to the acquisition or retention of membership therein
C. Allowing the imposition of an agency fee
D. Implementing abridgment of the right to self-organization.
REASON: Among the features of the Labor Code that protect and strengthen
labor unions are its provisions:
a) On unfair labor practices of employers (Article 248, Labor Code)
b) Recognizing the right of labor organizations to prescribe their own
rules with respect to the acquisition or retention of membership
therein (Article 249-a, Labor Code)
c) Recognizing the validity of closed shop, union shop and other union
security arrangements (Article 248-e, Labor Code)
d) Authorizing deductions or checkoffs from the wages of an employee
for union dues (Article 113-b, Labor Code)
e) Allowing the imposition of an agency fee (Article 248-e, Labor
Code); and
f) Prohibiting abridgment of the right to self-organization (Article
246, Labor Code).
CHAPTER XI: RIGHT TO SELF-ORGANIZATION

B 15. Which is not a requirement for registration of an independent union?

A. The names of its officers, their addresses, the principal address of the labor
organization, the minutes of the organizational meetings and the list of
workers who participated in such meetings.
B. The number of employees and names of all its members comprising at least
Thirty percent (30%) of the employees in the bargaining unit where it
seeks to operate.
C. If the applicant union has been in existence for one or more years, two
copies of its annual financial reports, unless it has not collected any amount
from the members, in which case a statement to this effect shall be
included in the application.
D. Four copies of its constitutions and by-laws, minutes of its adoption or
ratification, and the list of the members who participated in it. However,
the list of ratifying members shall be dispensed with where the constitution
and by-laws was ratified or adopted during the organizational meeting
referred to in paragraph (a) above. In such case, the factual circumstances
of the ratification shall be recorded in the minutes of the organizational
meeting.
REASON: Section 2. Requirement for registration of labor organization
B. The number of employees and names of all its members comprising at
least Twenty percent (20%) of the employees in the bargaining unit where
it seeks to operate.

B 16. What are the additional requirements for the registration of a federation or
national union?
A. Proof of the affiliation of at least Five (5) locals or chapters, each of which
must be a duly recognized collective bargaining agent in the establishment
or industry in which it operates.
B. The names and addresses of the companies where the locals or chapters
operate and the list of all the members in each company involved.
C. All of the above
D. None of the above
CHAPTER XI: RIGHT TO SELF-ORGANIZATION

REASON: Under Article 237 of the Labor Code, the additional requirement
are:
A. Proof of the affiliation of at least ten (10) locals or chapters, each of
which must be a duly recognized collective bargaining agent in the
establishment or industry in which it operates; and
B. The names and addresses of the companies where the locals or
chapters operate and the list of all the members in each company involved.

A 17. Which of the following should the requirement for union registration be
complied with?
A. The formal requirement for the registration of a labor union must be strictly
complied with; otherwise the union does not acquire legal personality.
B. The submission of statements of accounts in lieu of the accounting
books (journal, ledgers, etc.) required under the Labor Code and its
implementing rules, is considered sufficient compliance with the law.
C. The registration of a local or chapter is valid where no books of accounts
were filled before the BLR, the constitution, by-laws and the list of
members who supposedly ratified the same were not arrested to by the
union president, and the constitution and by-laws were not verified under
oath.
D. None of the Above
REASON: The formal requirement for the registration of a labor union must be
strictly complied with; otherwise the union does not acquire legal
personality.
The submission of statements of accounts in lieu of the accounting
books (journal, ledgers, etc.) required under the Labor Code and its
implementing rules, is not considered sufficient compliance with the law.
The registration of a local or chapter is not valid where no books of
accounts were filled before the BLR, the constitution, by-laws and the list
of members who supposedly ratified the same were not arrested to by the
union president, and the constitution and by-laws were not verified under
oath.
CHAPTER XI: RIGHT TO SELF-ORGANIZATION

A 18. What unions may affiliate with a federation?

A. Local union or chapter C. Industry union
B. Independent union D. National union
REASON: A local or chapter of the federation or an independently registered
union. (Sec 1-k and 1-l, Rule I, Book V, Department Order No. 9, Series of 1997)
D 19. Which of the foregoing ground is tenable?
CASE 2 (N0.19)
The macho hair salon receives a set of proposals for collective bargaining
from the barbers union, composed of the eight (8) barbers in the establishment.
The owner refuses to bargain with the union because (1) the barbershop is simply
a service establishment, (2) the barbers are not paid on time basis but the sum of
p4.00 per haircut, and (3) they cannot form a union since they number less than
ten.

A. 1 C. 3
B. 2 D. None
REASON: Although the barbershop is simply a service establishment, the
employees therein are entitled to exercise the right to self-organization.
And the fact that the members are paid by results (per haircut) does not
disqualify them from forming a union; if there is control of the establishment
over the means and methods by which they do their work, they are considered
employees of the former. Finally, the law does not fix a minimum number of
employees or the exercise of the right to self-organization.

D 20. What is the effect of the registration of a labor organization?

A. To act as the representing of its members for the purpose of collective
bargaining
B. To be certified as the exclusive representative of all the employees in an
appropriate collective bargaining unit for purposes of collective bargaining
C. To own property, real or personal, for the use and benefit of the labor
organization and its members
CHAPTER XI: RIGHT TO SELF-ORGANIZATION

D. All of the Above

C 21. In the rights of membership in a labor organization, how many years for
theirs right to directly elect their officers, local or national by secret ballots?
A. 3 C. 5
B. 4 D. 6
REASON: Right to directly elect their officers, local or national, by secret ballot
at intervals of five (5) years based on Article 241 of the Labor Code.
CASE 3 (N0.22-23)
Union members filed a compliant with the regional office of the ministry
of labor and employment for the expulsion of their union officers for gross
violation of article 242 (now art. 241) of the labor code and their unions
constitution and by-laws. Instead of deciding the case, the med-arbiter ordered the
holding of a referendum among the union members to decide on the issue of
expulsion of the officers from their respective positions.

B 22. Is the action taken by the med-arbiter proper?

A. YES, there is legal basis for the calling of a referendum
B. NO, there is no legal basis for the calling of referendum
C. YES, there is legal basis for holding of a referendum
D. NO, the med-arbiter should not decide the case issued
REASON: The med-arbiter must hear and decide the case and impose the
appropriate penalty; there is no legal basis for the calling of a referendum.

A 23. In case the union officers sought to be expelled get re-elected during the
pendency of the expulsion proceedings, should the case be dismissed?
A. YES, the case should be dismissed
B. NO, the case should not dismissed
C. It depends of the med-arbiter decision
D. It depends of the union decision
CHAPTER XI: RIGHT TO SELF-ORGANIZATION

REASON: Their re-election indicates that the members have disregarded or

have forgiven their faults or misconduct. The will of the members should not
be frustrated.(Kapisanan ng Manggagawag Pinagyakap (KMP), et al. vs.
Hon. C. Trajano, et.al., G.R. No. L-62306, January 21, 1985, eiting Duyag
vs. Inciong, 98 SCRA 522, and Pascual vs. Provincial Board of Nueva
Ecija, 106 Phil. 471)

C 24. What is Check-off?

A. Is a union or association of employees which exists in whole or in part for
the purpose of collective bargaining or dealing with employers concerning
terms and conditions of employment.
B. It is an association of workers for the mutual aid and protection of its
members or for any legitimate purpose other than collective bargaining.
C. Is a process or device whereby the employer, on agreement with the union
recognized as the proper bargaining representative.
D. Is in accordance with the liberalized scheme and theory of representation
for labor adopted in the Labor Code.

A 25. What is a labor organization?

A. Is a union or association of employees which exists in whole or in part for
the purpose of collective bargaining or dealing with employers concerning
terms and conditions of employment.
B. It is an association of workers for the mutual aid and protection of its
members or for any legitimate purpose other than collective bargaining.
C. Is a process or device whereby the employer, on agreement with the union
recognized as the proper bargaining representative.
D. Is in accordance with the liberalized scheme and theory of representation
for labor adopted in the Labor Code.
REASON: Based on Article 212 (e) of the Labor Code

B 26. What is a workers association?

CHAPTER XI: RIGHT TO SELF-ORGANIZATION

A. Is a union or association of employees which exists in whole or in part for

the purpose of collective bargaining or dealing with employers concerning
terms and conditions of employment.
B. It is an association of workers for the mutual aid and protection of its
members or for any legitimate purpose other than collective bargaining.
C. Is a process or device whereby the employer, on agreement with the union
recognized as the proper bargaining representative.
D. Is in accordance with the liberalized scheme and theory of representation
for labor adopted in the Labor Code.
REASON: Based on Section 10, DOLE Department Order No. 9, Series of 1997

CASE 4 (N0.27-28)
Cruz and Associates, a law firms, had a retainer agreement with a union of
bank employees whereby it undertook and committed to render to the latter legal
services, when required or necessary, in consideration of a monthly retainer fee of
P3, 000.00. Actual litigation would however be the subject of special billings.
The law firms handled in behalf of the union a claim for holiday pay as
well as mid-year and year-end bonus. No agreement was however made as to the
attorneys fees of the law firm. A judgment in favour of the union for P175,794.32
was obtained in the case.

D 27. Considering that no agreement as to the amount of attorneys fees was

entered into, is the law firm entitled to ten percent (10%) of the award as
attorneys fees, in accordance with Article 111 of the Labor Code?
A. YES, the ten percent (10%) is the maximum amount of the award that may
granted
B. NO, it should be twenty percent (20%)
C. YES, the Article stated that any attorney fees of the award shall be granted
as ten percent (10%)
D. NO, the ten percent (10%) is the maximum amount of the award that may
granted
REASON: The fees mentioned in Article 111 of the Labor Code are the
extraordinary attorneys fees recoverable as indemnity for damages sustained
CHAPTER XI: RIGHT TO SELF-ORGANIZATION

by and payable to the prevailing party; it is not attorneys fees payable by a

party to his lawyer. Besides, the ten percent (10%) is the maximum amount of
the award that may be granted.

A 28. Is the law firm nonetheless entitled to attorneys fees?

A. YES, it is fair and reasonable
B. NO, it is not fair and reasonable
C. NO, it is fair but not reasonable
D. YES, on the basis of quantum merit
REASON: On the basis of quantum meruit (as much as he deserves). This is to
prevent undue enrichment. An award of P10,000.00 is fair and reasonable
under the circumstances.

C 29. Based on Article 241 (J) of the Labor Code, The rendering of such account
shall be made; except one:
A. Upon vacating his office
B. At such other times as may be required by a resolution of the majority of
the members of the organization
C. At least once a year within sixty (60) days or two months after the close of
its fiscal year.
D. None of the Above
REASON: A. At least once a year within thirty (30) days o after the close of its
fiscal year;
B. At such other times as may be required by a resolution of the
majority of the members of the organization; and
C. Upon vacating his office

C 30. Who are disqualified from election or appointment as a union officer?

A. A person who has been convicted of a crime involving moral turpitude.
CHAPTER XI: RIGHT TO SELF-ORGANIZATION

B. A person who is not an employee or worker of the company or

establishment
C. All of the Above
D. None of the Above
REASON: A. A person who has been convicted of a crime involving moral
turpitude. (Article 241(f), Labor Code)
B. A person who is not an employee or worker of the company or
establishment (Sec. 4(f), Rule III, Rules Implementing P.D 1391)

CASE 5 (N0.31-34)
The Associated Labor Union for Metal Workers (ALUMETAL) and its
affiliate, Volkschel Labor Union, jointly entered into a collective bargaining
agreement with the DMG group of companies. The CBA provided among others
that the employers would make payroll deductions for union dues covered by the
individual check-off authorization of the union members and remit the same to
the local union and to ALUMENTAL. About seven (7) months after the execution
of the CBA, Volkschel Labor Union disaffiliated from ALUMENTAL allegedly
because of the latters deliberate and habitual dereliction of duties towards its
affiliate. The union members accordingly revoked their check-off authorization in
favour of ALUMENTAL

A 31. Is the disaffiliation of Volkschel Labor Union from ALUMENTAL valid and
lawful?
A. YES, it is valid and lawful
B. NO, it is not valid and lawful
C. NO, the disaffiliation is a lawful act
D. YES, the disaffiliation is a lawful act but it depends on the contract of their
mother union
REASON: The right of a local union to disaffiliate from its mother union is
well-settled. A local union, being a separate and voluntary association, I free to
serve the interest of all its members including the freedom to disaffiliate when
circumstances warrant. This right is consistent with the constitutional
guarantee of freedom of association.
CHAPTER XI: RIGHT TO SELF-ORGANIZATION

B 32. Is the CBA a bar to the disaffiliation of the local union?

A. YES, it is not against the labor law
B. NO, it is against the labor law
C. YES, the working mans welfare should be primordial only
D. NO, the working mans welfare should be paramount consideration only.
REASON: It would go against the spirit of the labor law to restrict the
affiliates right to self-organization due to existence of the CBA. The working
mans welfare should be the primordial or paramount consideration.

D 33. Are the companies entitled or obliged to effect collection of union dues
intended for ALUMENTAL despite revocation by the employees of the
check-off authorization in favor or said federation?
A. YES, without the affiliation of the local union, the employer has no link to
the mother union
B. NO, with the affiliation of the local union, the employer has no link to
the mother union
C. YES, without the affiliation of the local union, the employer has link to
the mother union
D. NO, without the affiliation of the local union, the employer has no link to
the mother union
REASON: ALUMENTALs right to the union dues ceased upon the
disaffiliation of the local union and the revocation of the check-off authorization
in its favor. Without the affiliation of the local union, the employer has no link
to the mother union.

A 34. Is Volkschel Labor Union still entitled to the payment of dues?

A. YES, it entitled to the check-off dues under a collective bargaining
agreement
B. NO, it not entitled to the check-off dues under a collective bargaining
agreement
C. YES, its fixed which it was stated on the Article 244 of the Labor Code
CHAPTER XI: RIGHT TO SELF-ORGANIZATION

D. NO, its fixed which it was stated on the Article 244 of the Labor Code
REASON: A local union which has validly withdrawn from its affiliation with
the arent association and which continues to represent the employee of an
employer is entitled to the check-off of dues under a collective bargaining
contract.

CASE 6 (N0.35-36)
Z is a member of the local of a national union in a manufacturing firm.
During a general membership meeting called for the purpose of discussing
proposals for bargaining negotiations, he was surprised to know that his local had
through their union president disaffiliated from the national union.

A 35. Has Z any ground to complain?

A. YES, Z has the right to participate by secret ballot
B. NO, Z has no right to participate by secret ballot
C. YES, but he cannot question the major policy
D. NO, Z cannot question the major policy
REASON: Z, as a union member, has the right to participate by secret ballot, to
determine any question of major policy affecting the entire membership.
Disaffiliation is a question of major policy.

C 36. What is the remedy available to Z?

A. He and others constituting at least 10% of the general membership may file
with the Regional Office
B. He and others constituting at least 20% of the general membership may file
with the Regional Office
C. He and others constituting at least 30% of the general membership may file
with the Regional Office
D. He and others constituting at least 32% of the general membership may file
with the Regional Office
CHAPTER XI: RIGHT TO SELF-ORGANIZATION

REASON: He and others constituting at least 30% of the general membership

may file with the Regional Office where the union is domiciled a complaint
against the union president for violation of Article 241 of the Labor Code.

B 37. The unions constitution and by-laws provides that no individual who
previously belonged to another union may be admitted as member thereof. Is
this provision valid?
A. Valid C. Unreasonable
B. Not valid D. Reasonable
REASON: While a union is in general free to select its own members, it cannot
impose arbitrary and discriminatory conditions for admission to membership.

D 38. An application for registration of a union may be denied on any of the

following grounds; except:
1. Failure to comply with the requirement of Article 234 of the Labor Code
2. Non-compliance with requirements on provisions of the constitution and
by-laws
3. Engaging in the cabo system or other illegal practices.
A. 1 B. 2 C. 3 D. None of the Above

B 39. Article 239 of the Labor Code gives the following grounds; except
A. Misrepresentation, false statement or fraud in connection with the adoption
or ratification of the constitution and by-laws or amendments thereto, the
minute of ratification, the list of members who took part in the ratification
of the constitution and by-laws or amendments thereto;
B. Failure to submit the documents mentioned in the preceding paragraph
within sixty (60) days from the adoption or ratification of the constitution
and by-laws or amendments thereto;
C. Acting as a labor contractor or engaging in the cabo system, or otherwise
engaging in any activity prohibited by law
D. All of the Above
CHAPTER XI: RIGHT TO SELF-ORGANIZATION

REASON: Failure to submit the documents mentioned in the preceding

paragraph within thirty (30) days from the adoption or ratification of the
constitution and by-laws or amendments thereto;
C 40. Violation of any of the rights and conditions of membership in a labor
organization provided for in Article 241 of the Labor Code is also a
sufficient cause for the cancellation of the______________________.
A. Collective Bargaining Agreement C. Certification of Registration
B. Union D. Application of Registration

B 41. A Labor union at the waterfront supplies to shipping companies stevedores to

load and unload cargoes. Is this legal?
A. YES, A union is not allowed to engage in the cabo system.
B. NO, A union is not allowed to engage in the cabo system.
C. YES, A union is allowed to engage in the cabo system.
D. NO, A union is allowed to engage in the cabo system.
REASON: A union is not allowed to engage in the cabo system. It is formed
primarily to safeguard the rights of its members. Acting as a supplier of labor,
whether in the capacity of an agent of the employer or as an ostensible
independent contractor, negates this purpose.

A 42. The Regional Office shall serve a notice of the cancellation proceedings on
the labor organization concerned stating the grounds therefor at
least____before the scheduled date of hearing.
A. Three (3) working days C. Five (5) working days
B. Four (4) working days D. Six (6) working days
REASON: Based on Section 9, Rule II, Book V, Implementing Rules and
Regulations.
C 43. What grounds may a union member be expelled from the organization?
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1. For cause specified in the unions constitution and by-laws provided the
same are not arbitrary, unreasonable or contrary to law or public policy and
the member is accorded a fair hearing.
2. Participation in any regularity in the approval of a resolution authorizing
payment of compensation to union officers.
3. Participation in any irregularity in the approval of a resolution authorizing
payment of compensation to union officers.
A. 1 and 2 C. 1 and 3
B. 2 and 3 D. All of the Above
REASON: A union member may be expelled from the organization on the
following grounds:
A. For cause specified in the unions constitution and by-laws provided
the same are not arbitrary, unreasonable or contrary to law or public policy
and the member is accorded a fair hearing.
B. Participation in any irregularity in the approval of a resolution
authorizing payment of compensation to union officers. (Article 241 (k), Labor
Code)

C 44. The union constitution and by-laws provide that a member may be expelled
from the union upon a vote of two-thirds (2/3) of all the members. It is valid
or not?
A. The provision is valid C. The provision is not valid
B. Not Valid, it should be 1/3 D. It either 1/3 or 2/3
REASON: Expulsion of a union member cannot be made to depend upon the
whims and caprices of his co-members. It must be founded on some just and
serious grounds. His membership cannot be trifled with. For oftentimes, by
virtue of a union security clause, his continued employment depends
upon his membership in good standing in the union.

A 45. The union constitution and by-laws provides that a member may be expelled,
after notice and hearing for non-payment of union dues or disloyalty to the
union. Are these grounds reasonable?
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A. The grounds are reasonable C. The grounds are unreasonable

B. It against the Labor Code D. Its the Employee security
REASON: A union member has the obligation to give financial support to his
organization. This is in exchange for the protection and services that the
union gives to the member.

D 46. The union constitution and by-laws provides that only employees with two
(2) years service in the company are eligible for membership therein. Is the
provision valid?
A. Valid C. Not Valid, it should be 3 years
B. Valid, but not reasonable D. Not Valid, unreasonable
REASON: The provision is an unreasonable restriction on the workers exercise
of his right to self-organization. It would leave those who have less than two (2)
years of service without representation in bargaining with the employer.

C 47. As of what time is an individual considered an employee for purposes of

membership in a labor union?
A. Thirty (30) days of service C. First day of service
B. Sixty (60) days of service D. Second day of service
REASON: Based on Article 277(c) of the Labor Code, as amended by Rep. Act
6715, provides:
Any employee, whether employed for a definite period or not, shall
beginning on his first day of service, be considered an employee for
purposes of membership in any labor union
CASE 7 (N0.48-49)
Five regular employees of Occidental Foundry Corporation were dismissed
allegedly pursuant to the union security clause of the CBA. They had previously
been expelled from the union for attempting to oust the union leadership, but they
were not given opportunity to explain their side, as required by the unions
constitution and by-laws, before their expulsion. The company also did not
conduct an investigation before dismissing the employees; it took for granted that
the union had conducted an inquiry and considered the union security clause as
self-operating so that, upon receipt of a notice that some members of the union
had failed to maintain their membership in good standing, it summarily dismissed
them.
CHAPTER XI: RIGHT TO SELF-ORGANIZATION

B 48. Is the dismissal of the five (5) regular employees lawful?

A. YES, The union should have given them an opportunity to explain their
side before expelling them.
B. NO, The union should have given them an opportunity to explain their side
before expelling them.
C. YES, The union should not give them an opportunity to explain their
side before expelling them.
D. NO, The union should not give them an opportunity to explain their side
before expelling them.
REASON: The union should have given them an opportunity to explain their
side before expelling them. And the company should have conducted its own
investigation before dismissing them. The twin requirements of notice
and hearing are essential elements of due process and must be met in
employment termination files.

B 49. Is the act of the employees in trying to oust the union leadership, due to the
latters alleged inattention to the formers demand for the implementation of
the P25 wage increase, a ground to expel them from the union?
A. YES, This may be disloyalty to the union leadership
B. NO, This may be disloyalty to the union leadership
C. YES, but it can be considered as disloyalty to the union.
D. NO, but it can be considered as disloyalty to the union.
REASON: This may be disloyalty to the union leadership, but it cannot be
considered as disloyalty to the union.

D 50. Based on Article 274 of the Labor Code imposed the __________of the
Secretary of Labor and Employment over labor unions?
A. Eminent Domain C. Emergency Power
B. Police Power D. Visitorial Power
REASON: Based on Article 274 of the Labor Code as amended by Rep. Act
6715