LABOR LAW ESSENTIALS  Usual trade and business = main  Period can be less than six months, if  Upon
 Period can be less than six months, if
 From Dean Salvador Poquiz lecture
(Overview of Labor Law)
 With special emphasis on Labor
Relations
CONSTITUTIONAL PROVISION
 Art. 13 – Rights of worker
o Rights to self organization
o Rights to living wage
o Right to collective bargaining or
negotiation
o Right to security of tenure
o Right to just and humane condition of
work
o Right to engage in peaceful concerted
activities
o Right to strike in accordance with law
o Right to participate in formulation of policy
and decision making processes with the
management (Principle of co-determination, principle
of shared responsibilities)
o Right to profit sharing benefits
 Art. 12, Sec.6
o Principle of Distributive Justice – defusing,
regulate the enjoyment of property ownership for
the common good via the power of eminent domain.
 Art. 19, Sec.5 – right to self organization of
government
o Cannot have CBA but can have CNA
 Art. 19, Sec. 2 (1) – Scope of Civil Service
o Chartered government corp., governed by
CSC
o Subsidiary of chartered government corp.
organized under Corporation Code, LC.(Corporate
offspring)
TYPES OF EMPLOYEES
1. Regular employees
 Whether continuous of broken, so long as
the employment is for more than one year, regular
employment.
 Constant Rehiring, renewal of contract plus
one year = regular employment
 Necessary and desirable to the usual
business or trade of the employer
Dean Salvador A. Poquiz Notes
 Upon signing of the contract, employees
undertaking of the employer
 Expiration of the training period
o Training Period
 For Apprentice – not more than 6 months
but not less than 3 months
 Combo of Theoretical Instruction plus
OJT(Practical application)
 The apprenticeship period is considered as
the probationary period
 Double apprenticeship is not allowed
(apprenticeship plus probationary period). It is
against public policies.
 Apprentice is entitled to not less than 75%
of the minimum wage as issued by the wage board.
 Q: Is the apprentice entitled to full month
pay? A: Upon the expiration of the apprenticeship
period or if the training company availed of the tax
deduction scheme for apprenticeship salary, must
pay 100%.
 Learnership – engaged in non –
apprenticiable or less skilled work, OJT plus optional
theoretical instruction
 Not less than 3 months
 No double learnership, period is
probationary period
 Fixed at 75% of minimum wage as per
wage order
 Once taken in after learning period,
entitled to full compensation
 Disabled/Handicapped – maybe regular
employee if employed in a job which is usually
necessary and desirable to the usual trade of
business of the employer which his performance is
not affected by his disability.
 Age, Physical, mental and sensory defects
 Nature of Training – as an apprentice or
learner – apply the rule
NB: Q: Who has jurisdiction over learnership
and apprenticeship disputed? A: Plant
Committee then Department of Labor and
Employment. Labor Arbiter has no jurisdiction.
(PAL vs Pano)
2. Probationary Employment
favorable to the employee as provided for the knew when it will expire
employer.  Once rehired, they will morphed into
 SC: 18 months probationary period can be regular employment. EXPTN: Seamen, even if
warranted when the job required extensive training. rehired cannot be regular employees (Millares vs
The law provides for six months. NLRC)
 During this period, employees are required
to comply with the employer’s standards. 7. Casual Employees
 Probation extension: allowed when agreed  Activity performed is not usually
upon by the parties when necessary to comply with necessary or desirable in the usual business or trade
the probationary standards of the employer. What is of the ER (not regular); not project; not seasonal.
prohibited is double probation.  He is uniquely regular because his
 But after the extension, the employee still “regularness” attaches only to the particular activity
have not reached the standards, employer can that he has been doing while still a casual.
terminate the employee.
Prescriptive Period:
3. Seasonal Employment 1. Purely Money Claims – 3 years
 From season to season 2. Criminal cases under LC -3 years, as a
 Performing the same task general rule.
 Exemptions are:
4. Project Employment a. Simple Illegal Recruitment – 5 years
 Hired for specific undertaking or project b. Qualified Illegal Recruitment - 20 years
 Upon termination of project, automatic 3. ECC Cases -3 years
cessation of employer and employee relationship 4. Illegal Dismissal – 4 years
 Q: What if there is illegal dismissal during 5. GSIS Claims – 4 years
the project? Answer: Reinstatement during the  Exemption: Payment of premium, its 20
period of the project and back wages but only during years.(SC)
the term of the project. 6. SSS Claims – for payment of premiums, 10
 Q; when can a project employee be a years
regular employee? A: Employers are required to 7. Sexual Harassment – 3 years but SC, no
submit termination report of the project to the prescription, even after four years.
nearest to the DOLE Office, failure to do this would Requirements for Appeal
make project employees as regular employee. 1. Payment of appeal fee
o Jurisdictional requirement – no payment,
5. Non - project Employees appeal will be dismissed for lack of jurisdiction
 Hired without reference to a specific 2. Submission of memorandum of appeal to
project or job. LA a quo who will submit it to the NLRC office which
 Hence, they belong to a work pool. has appellate jurisdiction over the LA a quo.
 Q: Are they required to go under The NLRC Commissioner can notify the
o
probationary period? A: Yes. parties to have amicable settlement base on Art. 221
 They will be assigned to various projects of LC.
or phase of such. No amicable settlement, proceed with
o
decision.
6. Fixed Term Employees When affirmed in toto, reinstated to the
o
 Contractual employees payroll.
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 o Losing party, file Motion
Reconsideration. Only one MR is allowed. This is a
condition sine qua non for filing of certiorari. (St.
Martin’s Funeral Home vs. NLRC)
o When MR denied, file a certiorari under
Rule 65 to CA within 60 days.
o When Certiorari was denied
unfavorable, file MR again, then when denied thus
upholding NLRC decision, certiorari to SC.
o SC can only review question of law, but
can review question of facts when
1. When decision of LA, NLRC and CA are
contrary, in collision or diametrically opposed to each
other.(SC)
o Filing and reckoning period
 Reckoning Period: Upon receipt of the
counsel of record
 Philpost: The date of mailing, date of filing
 Private Carrier: The date of receipt of
private party, date of filing
3. Pay appeal Bond
o Cash and surety bond only, but
 UERM Case: Property bond can be posted
provided it is sufficient to cover the monetary award
 Bank certification, irrevocable bank
guarantee are not allowed
 Q: Can you file a motion to reduce bond?
A; Yes, but it must be coupled with the payment of
the reasonable amount of the bond. Without the
payment, the period will not be tolled.
JURISDICTION OF LABOR ARBITER
Exclusive and Original Jurisdiction
1. Unfair labor practices
2. Termination cases
3. Big Money claims, 5k up
 More than 5k, LA has jurisdiction
i.EXPTN: Big Money Claims bore out of the power of
inspection of Secretary of Labor.
ii.Power of inspection – by Sec. of Labor via the
Regional Director or his representatives. Can be done
moto propio or by a Labor Standards Complaint of an
employee supported by 20% of all the employees of
the employer/plant.
1. Enforcement Order has the force and
effect of a writ of execution.
Dean Salvador A. Poquiz Notes
for 2. When amount is contested:
 If the pieces of evidence are readily
available in the ordinary course of inspection, the
Regional Office retains jurisdiction. If not, it will be
transmitted for compulsory arbitration to the
Regional Arbitration Branch of the NLRC, thus LA.
or 4. Small money claims with demand for
reinstatement
 5k or less, but with claim for
reinstatement.
 Without demand for reinstatement,
Regional Director. Thus his decision is appealable
directly to the NLRC.
5. Other cases involving employer –
employee relationships
 Causal relation between employer –
employee. Without this, regular courts will have
jurisdiction.
 Apply the Four Fold Test to determine
employer - employee
i.Selection and engagement of the putative employee
ii.Manner of payment of salary or wages
iii.Presence or absence of the power of dismissal
iv.Presence or absence of the power control
1. Has primacy over all other
2. Q: Are all kinds of control indicative of EE-
EM relationship? A: No. If there is lesser control, no
relationship. More control, there is relationship (Jay
Sonza case)
3. Other test in determining relationship.
 Economic relations test – Sevilla vs. CA:
The prevailing economic relationship of employer and
employee can be indicative of a relationship.
 Q: Are there instances when there is no
formal contract of employment but the law mandates
the existence of employer – employee relationship?
A: Yes. 1. In cases of labor only contracting. As
penalty, actual employer deemed as employer of the
contractual employee, the contractor will be deemed
as the agent of the former.
 Q: Can contractual employees form a
union in the actual employer’s premises when there
is a labor only contracting? A.1: Yes, because the law
mandates that the actual employer is the employee
of the contractor’s employee.
A.2: In cases of Working Scholars – under the
law, the agreement, no employer – employee
relationship.
Requirements: There must be a real opportunity to
finish the course.
NB: For purposes of civil damages, the working
scholar will be treated as employee and the school as
an employer, particularly in quasi-delics.
6. Legality of strike and Lockout
 Strike is the most lethal weapon on
employees
i.May affect the socio-economic situation of a country
that is why there is a law on strike.
ii.Requirements to stage a lawful strike
1. Based on a valid ground
 Two Grounds
 CBA Deadlock
 ULP
 Union Busting (w/c is also ULP)
o NB: Inter/Intra Union Disputes, wage
distortion issues are not strikable issues.
2. Approved by the majority of the total
membership of the union through strike voting
3. Filing of a Notice of strike
 To be filed with NCMB, which will look into
the factual grounds of the strike. It will either
dismiss it by issuing a preventive mediation order
which will have the effect of making the strike illegal
if it still undertaken and will convert the issue into a
preventive mediation case.
 Must be filed before 30 days in case of
CBA Deadlock and 15 days for ULP. The period is
known as the Cooling Off Period. Here, the Grievance
Machinery in the CBA will be exhausted.
 7 days after failure of the Grievance
Machinery, the issue will be submitted to Voluntary
Arbitration conducted by a 3rd non-partisan person
known as the Voluntary Arbitrator whose decision
will be appealable to the CA under Rule 43.
 Principle of Improved Offer – through
secret balloting, union members can choice whether
or not to accept the improved offer of the union.
 Principle of Reduced Offer – through secret
balloting, the BOD or members of the governing
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body of the company can choice WON to accept the
reduced offer of the union.
 In both cases, it will have the effect of
retuning to industrial peace=workers return to work,
employer accepts workers and resumes operation.
 Compulsory Arbitration – when the
government intervenes.
 Q: During the cooling off period, officers of
the union were dismissed that seems to tantamount
to union busting. May the union immediately strike?
A: SC: If there is union busting and the union has
already complied with the 24 hour prior notice rule, 7
day strike report and the notice of strike has already
been submitted, then a strike can be staged.
4. Compliance of the 24 hour prior notice
rule of strike vote
 Separate notice to DOLE and employer of
the place, time and date of the strike vote 24 hours
before it is staged.
5. Submission of the strike vote report
 Must be submitted 7 days before the
strike.
 Q: What if the strike vote was submitted
during the cooling off period? A.: The strike vote 7
day period must be reckoned from the expiration of
the cooling off period.
6. Compliance of the doctrine of means and
purposes
 The purpose of the strike must be
legal and the means to attain the purpose
must be also legal. (e.g. uttering libelous remarks
during the strike. Thus, commission of illegal acts
during a lawful strike, the strike can be declared
illegal.)
7. For Hospitals and Medical Institutions:
designation of an effective skeletal force.
 NB: Officers of the union is liable for
dismissal for masterminding the illegal strike. Basis:
Doctrine of Vicarious Liability.
 Members of the union who actively
participated in the illegal strike will also be liable for
dismissal.
 Q: Are the abovementioned dismissed
employees entitled to back pay? A: As a general rule,
no. Reason: No work, no pay. But if they are:
 Discriminatorily dismissed
 Illegally locked out by employer
 When the workers unconditionally offer to
return to work but they were denied to return to
work….
…they can return to work
 Once a strike is declared legal, the workers
cannot be liable for damages that occurred during
the strike based on the doctrine of damnum absque
injuria.
 You must be unionized (legitimate,
registered) before your strike can be declared legal.
 Q: Can a union not registered conduct a
Certification election? A: Yes, in case of a local
chapter issued with a chapter certificate. Here the
charter member was issued a charter for purposes of
certificate election. Other privileges accorded to a
union will be withheld for the meantime until
completion of the other requirements.
 Principle of Comingling – the rank and
file union and the supervisory union of the same
company can join the same federation.
 Q: Can government employees unionize?
A. Yes. But they don’t have the power to collectively
bargain. They can only have the power to collectively
negotiate. They also cannot strike because according
to SC, strike of government employees is a civil
service offense. They serve the people. If you allow
the government employees to strike, it will
tremendously affect the delivery of public service. It
tantamount ultimately as an assault to the
sovereignty.
 GOCC employees without original charters
can unionize and strike. LRTA vs Benus: SC said
LRTA is a GOCC with original charter, thus its
employees cannot strike. However, employees of its
subsidiaries or Corporate Offspring of GOCC with or
without original charter, can strike.
 Managerial, and Confidential employees
cannot join a labor union and strike.
 For confidential employee, they must have
access to labor relations matters to be disqualified
for union membership.
 Cooperative employees who are also
members thereof cannot unionize.
Dean Salvador A. Poquiz Notes
 Religious Objectors can choose not to join 11. Collateral Matters  The workers must report back to work.
a union. However they can vote in certification  Incidental to the main case Failure to do so would mean that they are now
election.  Q: Can a LA award attorney’s fees in an engaging in a prohibited/illegal activity.
illegal dismissal case? A: Yes. When the LA has  All issues cognizable by the labor arbiter
iii.Types of Strikes jurisdiction over the main issue of the case, it has under art. 217 can now be resolved by the
1. Authorized strikes jurisdiction over collateral and incidental matters. assumption officer, when it is raised under
 There must be a strike vote. 12. 3rd Party Compliant of a party not assumption.
2. Unauthorized strikes connected to a Labor case that has been affected by  UST Faculty Union vs. UST: Assumption of
 When the there is no strike vote – Wild Cat its execution. jurisdiction contemplates actual reinstatement
strike NB. Except as otherwise provided by this code. only. Thus, no choice between payroll or actual
3. General Strike These matters are beyond the jurisdiction of reinstatement unlike in illegal dismissal.
 No EE-EM Relationship the Labor Arbiter. POWERS AND JURISDICTION OF THE NLRC
 Welga ng Bayan – SC a form of 1. Inter/Intra Corporate Disputes 1. Contempt Power
Sympathetic Strike 2. Training and learnership agreement  Two Types
 Political in Nature disputes i.Indirect Contempt
 Industry wide strike –e.g. all employees of 3. Labor cases against company under 1. To be dealt with by the NLRC and its rules.
the air transportation in the RP rehabilitation proceedings ii.Direct Contempt
 According to SC, these strikes are 4. International bodies and organizations 1. By the Rules of Court (R71)
unwarranted o This will be violative of the convention on 2. Injunctive Power
4. Lightning Strike protocol and a violation of its functional immunity. 2. Certification Power
 Brief strike that was stage in short o DFA vs CA: ADB is an international  Art. 263 (g) Assumption powers of
duration organization outside the reach of LA. President and/or Secretary of Labor.
5. Slowdown Strike 5. Art. 263 (g) – Assumption power,  The President or the Secretary of Labor,
 To reduce company reduction preemptive power upon assumption, can also certify the labor dispute
 Types  Provides that the President or Secretary of assumed to compulsory arbitration. Thus, it is
I.Sit down – strikers remain in the plant but they Labor can assume jurisdiction of a labor dispute certified to the NLRC which will resolve the dispute.
reduce company reduction involving industries indispensable to national interest  Q: Can the labor dispute be certified for
II.Quickie – some may remain in the plant or some for its resolution. voluntary arbitration? A: Yes. If the Secretary of
may be outside the plant  The state and government is a passive Labor deems it fit for voluntary arbitration.
6. Economic Strike party. 3. Appellate Power
 Staged as a result of a collective  Q: Can assumption be moto propio? A:  Decisions of LA under Art. 217
bargaining deadlock Yes.  Decisions of LA under Art. 128 (b) in
7. ULP Strike  Q: Can one of the parties to a labor relations to contested cases
 Staged in violation of the worker’s right to dispute involving a labor dispute in an industry  Decisions of LA arbiter in wage distortion
self organization indispensable to national interest file a motion for in non-unionize companies.
7. Damages assumption? A: Yes, either by the union or the  Elements of wage distortion (Pru Bankers
8. Employees of GOCC without original employer. Case)
charter  Once assumption is made, an assumption i.Existence hierarchy of positions
9. OFW order will be issued. ii.There in an increase in the lower pay class with no
 Based on Section 10 of RA 8042 as  Legal effects of assumption order: corresponding increase higher pay class
amended RA 10022  Once issued, it has the effect of a writ of iii.Abolition of the two groups or classes
10. Over certain churchmen (pastor, ministers) injunction. iv.Wage distortion applies only to the same region
 If it’s purely religious function, LA has no  A return to work order is deemed written  NB: Q: Who has jurisdiction over wage
jurisdiction. on the assumption order. distortion problem?
 But if not, it has jurisdiction.
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 A: For unionize establishment – Voluntary
Arbitrator
For non - unionize establishment – Labor
Arbiter.
NB: Although wage distortion problems are not
strikable, but for failure to pay the increase pursuant
to the wage order, the employer will be liable to pay
double the amount of the increase under the
Doctrine of Double Indemnity.
 Decisions of the LA pursuant to Sec. 10 of
RA 8042 in cases of OFW.
 Decisions of the RD of their adjudicatory
functions under Art. 129 of LA.
o Adjudicatory Function
 Indications:
1. Filed by house worker or employee
2. No more employer and employee
3. No more claim for reinstatement
4. Claim is not more than 5k.
4. Injunctive Power
 A hearing must be conducted to observe
due process.
 Q: Is there a provision in the LC that a
TRO is issued without conducting a hearing by the
NLRC? A: Yes, a TRO is a mere interlocutory order.
Thus can be issued ex parte. But for injunction, a
hearing is indispensible
ILLEGAL DISMISSAL (Step by step procedure)
 File it with the Regional Arbitration Branch
of the NLRC which has territorial jurisdiction over the
workplace of the complainant.
 Mandatory Preliminary Conference. Resort
to amicable settlement as per Art. 221 of the LC.
Second MPC, if first attempt is not successful.
 After second MPC, no amicable settlement,
LA will mandate parties to submit position papers.
o SC: Position papers proceedings are not in
violation of due process. Through their papers, they
are heard. Plus, technical matters are not binding in
labor proceedings being an administrative
proceeding.
o Q: Can one of the parties file a motion to
have a trial type proceeding? A: Yes, but subject to
the discretion of the LA.
Dean Salvador A. Poquiz Notes
 When final paper has been submitted, LA
has 30 days to decide.
 Ten calendar days to appeal
 No appeal, immediately self-executory as
to the reinstatement aspect. No need for writ of
execution.
 Virgen Shipping case: As to other
matters, a writ of execution is needed. To be filed
after period to appeal expired and no appeal is
made.
 After the motion for execution, LA will set
it for pre-execution conference to abbreviate the
proceedings as to Art. 221 of LC.
 If after the pre-execution conference, no
settlement, proceed to execution.
 Garnishment and levy is allowed when no
money to answer for the judgment.
 3rd party complaint is cognizable by LA for
execution.
o Instances when you can lift or quash the
writ of execution:
 Issued against a non-party
 Issued on account of graft and corruption
 Issued on account that the awards is
incomplete
 Irregularly issued
NB: Doctrine of Immutability of Final Judgment: Final
judgments are final and cannot be modified.
 Grounds for Appeal
o Grave abuse of discretion
o Graft and corruption
o Serious errors in the finding of fact
o Fraud
COLLECTIVE BARGAINING AGREEMENT
 Q: What are the modes of determining the
representation status?
1. Voluntary Recognition – it requires that
there is no other union. Only one union has the
support of the majority of the employees. The
employer and employee must inform the Regional
Director of the DOLE of the fact of the voluntary
recognition. From date of recognition, the union
becomes a legitimate labor organization.
o Q: Does the one year bar rule also apply
to voluntary recognition? A: Yes, no election can be
held, 12 months from the date of the final voluntary d) In cases of mass disaffiliation in the
recognition election results. bargaining agent.
2. Consent election – the election was agreed o Q: Can the remaining officers of the union
upon by two or more union. still bargain with the employer? A: Yes. Until and
o Q: Is intervention of DOLE required in unless it lost in a certification election, it is still the
consent election? A: No. Intervention is subject to bargaining agent.
the discretion of workers. ii.One Year Bar Rule – no CE may be held one year
o One year bar rule also applies. after the final result of a prior election. This applies
3. Certification election – one which is to all election.
conducted among three or more union. This is iii.Deadlock Bar Rule – a notice of strike is filed with
treated as the sole concern of the employees and the the NCMB which has been the subject of conciliation,
employer is a mere by stander and it is the best mediation, exhaustion of grievance machineries,
forum in determining the will of the employees. improved offer balloting, reduced offer balloting.
o Sole Concern Rule iv.Charge of Company Union Rule –SC: If there is
o By stander Rule charged of company unionism which is an unfair
o Best Forum Rule labor practice, it is a prejudicial question which must
 Majority must vote – 50% plus one be resolved first before conducting a certification
 One of the unions or a no union should election.
have garnered the majority vote. (Second Majority v.Negotiation Bar Rule – if there is a collective
Rule) Provided 50% of the majority validly cast their bargaining negotiation in the company premises, it
votes. will be a bar for certification election.
 A no union may win in certification vi.Appeal Bar Rule – if there is pending appeal over a
election. When a no union win, the one year bar rule decision of the med arbiter elevated to the Secretary
will still applies. of Labor, pending decision, no certification election
 In consent election, 25 % Subscription or can be held.
Consent Requirement must be present. If attained, 4. Run off or second election
holding of certification election is mandatory, if not o Contested between two unions garnering
discretionary. SC: Even if 25% not attained, consent the highest number of votes in a prior election
election can still be held because it is the best way to o A no union does not exist in a runoff
attain the will of the workers. election
 Instances when holding of certification  Contents of a CBA
election is not allowed: 1. Preamble
i.Contract Bar Rule – no CE can be conducted during 2. Union prerogatives
the lifespan of the CBA except during the 60 day 3. Management prerogatives
period (Freedom Period) before the expiration of the 4. Economic clauses
5 year life span of the CBA 5. Non – economic clauses
 Exemption to the contract bar rule: 6. Union Security Clauses
a) If the CBA is not registered 7. Escalator Clause
o Still valid as to parties but a CE can now 8. Family planning clauses
be conducted. 9. Union Education Clauses
b) If the CBA is incomplete, inadequate or 10. Grievance Machinery Clause
sub standard. (Sweetheart Contract) 11. Drug Free Provision Clause
c) If the CBA is hastily entered into or 12. Separability Clause
prematurely extended. 13. Effectivity Clause
14. Automatic Renewal Clause
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15. No strike, no lock out clauses
1. Q: can the union waive the right to strike?
A: Generally, no. EXPT: By inserting in the CBA a “no
strike, no lock out clause”
 Term of CBA
1. As to representation aspects – 5 years
2. As to renegotiation aspects – 3 years
 Q: Upon expiration of the CBA, and no
new CBA has been agreed upon yet, what will
govern? A: Old CBA subsists under the Principle of
CBA Continuity.
 Q: Can the parties agree to suspend
collective bargaining for 10 years? A: Yes, in order to
provide stability and predictability of collective
bargaining agreements for the benefit of both
parties.
 SC: The Company can sue employees for
violation of a CBA provision.
 Q: Why do workers unionize? A: 1. In
order to have relative equality in the bargaining
process with the employer. 2. Security of tenure. 3.
Attain maximum economic benefits in the collective
bargaining agreement.
 Q: Can a single employee bargain with
management? A: Yes, there is no law prohibiting
individual bargaining.
 Q: If an employer is already giving out
voluntary benefits, can the employees still demands
for 13th Month Pay? A: It depends. If the amount of
voluntary benefits given is equal to the amount of
the 13th Month Pay, no more. But if it’s less, they
can.
 In the event that the CBA is approved, it
will govern the company premises or the law of the
plant. Thus, the law of the plant is another name for
a CBA.
 Whatever benefits that the CBA may bring,
non members of the union are also benefitted. They
are not required to pay union dues but they will pay
agency fees that will be of the same amount as that
of union dues. Payment of the agency fee is known
as the agency shop, maintenance of the
treasury shop, anti-hitchhiker clause, anti-free
rider clause.
Dean Salvador A. Poquiz Notes
 Q: Is there still a need for the union and 4. Forming or assisting in forming a company is considered a malpractice which is a violation of
the company to agree to impose agency shop? A: No dominated union good faith bargaining.
need. The agency shop agreement is already  SC: Passivity of a union is an indication of 6. Contracting out of services
provided for by law. a company dominated union.  SC: Mere contracting out within the period
 Doctrine of Union  Organize with help or assistance of of six months is valid. But if it goes beyond six
Monopoly/Exclusive Right Rule – the certified management. months, it is ULP. Because employer deny the
union is the only bargaining agent allowed to bargain  Economic, legal support from employer strikers the opportunity to pursue their work.
with the management to the exclusion of the other 5. Refusal to bargain collectively 7. Gross and flagrant violations of the CBA
unions in the plant or company premises.  Duty to bargain collectively – mutual  Refers to economic provisions
obligation of the parties to bargain and negotiate
UNFAIR LABOR PRACTICES with matters regarding terms of employment and
 An act either by the employer or the union, adjustments of grievance machineries for redress of o By Union
their agent or representatives which violates the grievances promptly, expeditiously and in good faith. 1. Interference, restraint , coercion in the
constitutional right of the workers to self  Standards of Collective Bargaining; formation of a union
organization. i.Mutual – either the parties may initiate collective 2. Discrimination
 There must be employer and employer bargaining. 3. Payment of Negotiation Fees
relationship.  Union may submit CBA proposal.  It is when in order to settle economic
 Instances when ULP can be committed Employer, after 10 days, may submit a counter provisions in CBA, union demands from employer
even if there is no EE-EM relationship: proposal. Failure to submit a counter proposal will negotiation fees.
1. When committed by agents or amount to refusal to bargain, thus a ULP and the  Sweetheart Contract – when the CBA
representative CBA submitted by the union will be governing CBA in was not able to get full economic benefits for
2. Yellow dog contract – an applicant is made the plant. employees, or it’s an incomplete CBA. Example:
to denounce his membership to a union or promised  Q: A counter proposal was submitted, the when CBA does not have an arbitration clause.
not to join one as a condition for employment. employer made it hard for employees to bargain o NB: An incomplete CBA does not bar a
Hence, being an applicant, no employer and during the negotiations with no real intention to sign certification election. Thus not bar on holding
employee relationship yet. a CBA. Is the employer guilty of ULP? A: Yes, the another certification election during the 12
 Two Types of ULP employer is guilty of Surface Bargaining. month ban.
o By employer  Blue Sky Bargaining - the union 4. Gross and flagrant violations of CBA
1. Interference, restraint , coercion in the submitted a proposal which contains economic 5. Refusal to bargain collectively
formation of a union demands beyond the reach and capacity of the 6. Featherbedding Activities
 Discourage the formation or continuation employers, thus sky high.  Union demanding from employers for fees
of a union  Runaway Shop – when the employer on services rendered or not rendered, performed or
 3 ways of commission remove his plant or office from one place to another not performed.
i.Economic in order to evade unionism or collective bargaining  Prolonging the work
ii.Psychological and relocate it to another place which is called as  In short, the union is engaged in extortion
iii.Physical runaway area.
2. Yellow dog contract  Q: Is it valid to strike in the Runaway
3. Discrimination Area? A: Yes. According to the Labor Code, strike
 Not per se illegal. Only if it’s designed, areas also include runaway areas.
calculated to discriminate the officers and members ii.Prompt
of union with regards to benefits due to all iii.Good faith
employees.  Q: What if employer submit a
 It maybe management prerogative. But if counterproposal on a take it or leave it basis, is the
it’s a grand design to undermine the union, then it is employer liable for refusal to bargain collectively? A:
ULP Yes. The employer is guilty of “Boulwarism.” This
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