Sei sulla pagina 1di 8

DOBLADO, Marie Cecile P. MAGISTRADO, IVY B.

Labor Law Review Assessment Exercise 4


UNC College of Law
Atty. Mila Raquid Arroyo – Professor
4 February 2017

Answers should be: i) as called for by the question; ii) responsive to all the issues presented in the
question; and iii) expressed in notmore than three short, concise and complete statements. For any
“False” answer, explain the reason for your answer.

1. Identify and describe the two major labor/workers rights covered under Labor Relations
Law

a. RIGHT TO SELF ORGANIZATION


- to join or not to join a labor organization
- once joined, must enjoy the

b. RIGHT TO SECURITY OF TENURE


- secured in one’s employment
- right not to be terminated from employment except on grounds provided by law

2. Identify and describe the three types of labor disputes

a. LABOR MANAGEMENT DISPUTES-dispute arising from employee-employer relationship


affecting terms and conditions of employment
b. INTER UNION DISPUTES-disputes arising from the representation of labor organization
c. INTRA UNION DISPUTES-disputes arising from the right and membership in labor organization

3. Identify the eleven (11) machineries/mechanisms involved in labor dispute resolution

Classification:

a. Plant Level – internal mechanisms eg. grievance machinery for organized ______ and labor
management council for unorganized __________
b. Out of Plant Level – external mechanisms eg. government mechanisms

Machineries/Mechanisms Jurisdiction
DOBLADO, Marie Cecile P. MAGISTRADO, IVY B.
4. What is “Tripartism”?
Tripartism refers to the tripartite approach in resolving disputes, issues, or concerns recognizing
the indispensable role of employees, employers and government.

5. Identify at least two (2) distinctions between a labor organization and a legitimate labor
organization

Reason for distinction: certain rights are available only to legitimate labor organization

Labor May or may not be Has no legal Broader


Organization registered personality to
Demand CBA with
employer
Legitimate Labor Registered with the BLR Has legal personality Specific
Organization or
Reg Director of

6. An application for registration of a labor organization/union is filed with the

Bureau of Labor Relations for federation/national union.

Regional Director of DOLE for federation or international union which spans different regions

7. Union members who decide to question the financial reports rendered by the officers of their
union may undertake these first and second legal steps to resolve their question

1. Request financial report from the union officers – right of a union member only
2. Bring the request to external machineries – Petition for audit of union funds filed to the office
where the certificate of registration was issued

8. Identify the two (2) general classifications of the legal modes of settling labor disputes and
identify the specific process/es falling under each classification

VOLUNTARY Negotiation and Collective


MODE Bargaining
Conciliation and Mediation
Voluntary Arbitration Voluntary in such a way that parties may
opt to choose this method.
COMPULSORY Conciliation and Mediation
MODE Voluntary Arbitration Compulsory in such a way that the dispute
involves conflict in company policy. Thus, it
is required to undergo voluntary
arbitration.

9. Between the two general modes of settling labor dispute, identify which one is preferred as
a matter of policy and explain why it is the preferred mode.
DOBLADO, Marie Cecile P. MAGISTRADO, IVY B.
Voluntary mode is preferred because this is freely agreed upon by the parties hence more
sustainable; certain that it will resolve the dispute and lasts longer

10. In what way is conciliation/mediation a compulsory mode, and in what way is it a voluntary
mode, of dispute settlement

Voluntary mode because the agreement that will settle the dispute depends on the parties, while
compulsory because no dispute may be taken for compulsory arbitration unless it undergoes
conciliation/mediation

11. Identify at least three (3) characteristics of a company union

1. Organized by the company


2. Allows the interference of the employer
3. Cannot be registered and hence illegitimate or illegal

NOTE: The very organization of a company union constitutes ULP. This is prohibited because of
the natural influence which may be imposed by the employer

12. An application for registration will be denied if the applicant union is a company union
Company Union cannot be registered being an illegal organization.

13. A labor organization can attain the status of a legitimate labor organization even if it did not
file an application for registration with the DOLE-RO/BLR
The labor organization can attain legitimacy through AFFILAITION.

14. A labor organization who is not an independent union but is a local/chapter of a legitimate
labor federation/national union attains the status of a legitimate labor organization for all
intents and purposes

FALSE. Only for the purpose of filing a petition for certification election

15. A Collective Bargaining Unit (CBU) is a legitimate labor organization

FALSE. It is not an organization at all. A collective bargaining unit is comprised of employees with
common employment interest and they are combined together for purpose of collective bargaining.

16. Certification election is the process by which all employees in the establishment decides
whether or not to be represented for purposes of collective bargaining with the employer

FALSE. Not all employees but only those that belong in the CBU who will be represented by the
Exclusive Bargaining Representative (EBR)

17. A Petition for Certification Election is filed with ______________________.

Depends on the registration. It may be in the BLR or Regional Director as long as filed by the
legitimate labor organization before the office that issued the certificate of registration

18. When a petition for certification election is filed, it is a ministerial duty of the med-arbiter or
the regional office to conduct the certification election after ascertaining the employees who
DOBLADO, Marie Cecile P. MAGISTRADO, IVY B.
shall belong in the collective bargaining unit sought to be represented in the collective
bargaining agreement with the employer.

FALSE. If unorganized, no CBA. Statement is true. The same is ministerial. But if organized the office
must ascertain the following factors: 1. Whether or not the petition is filed during the freedom
period and 2. Wheteher or not there is a valid or existing Collective Bargaining Agreement (CBA)

19. For purposes of the right to self-organization, identify the different types of employees as
classified by statutes and case law.

a. MANAGERIAL-exercises managerial prerogatives/acting on the interest of the employer. Cannot


join or assist a labor union.
b. SUPERVISORY-effectively recommend the exercise of managerial prerogatives through
independent judgment. Can join or form a labor union. Cannot join the rank-in-file.
EFFECTIVE RECOMMENDATION means its recommendation is given weight by the employer
unless there is palpable error.
c. RANK AND FILE-neither managerial nor supervisory. Can join or form a labor union

 Additional under case law


d. MANAGERIAL STAFF-cannot join or form labor organization
e. CONFIDENTIAL-cannot join or form labor organization

20. Certification election can take place only if there are at least two legitimate labor unions in
the establishment

FALSE. May be conducted even if there is only one legitimate labor organization

21. Only legitimate labor organizations may file a Petition for Certification Election

Gen rule: A legitimate labor organization (LLO) may file for a petition for certification election
Expn: An employer may file for a petition for certification election when employer is requested to
bargain collectively by an LLO which is not the EBR

22. An application for certification election filed by a legitimate labor organization will be denied
if an opposition is filed against it on the ground that that the applicant union is a company
union.

FALSE. A petition for cancellation must be filed in a separate action; cannot be raised collaterally.
Hence, cannot stop nor deny an application for certification election
23. In the certification election conducted in Company A, all 100 employees belonging to the
bargaining unit had cast their votes. Illustrate by example the situation respectively
resulting in the following:
i. Valid certification election;
50% + 1 votes in the CBU
ii. Declare a winner;
To have a winner, 1 of them should get at least 26 votes.
iii. Conduct a run off election.
 need at least 2 union
 at least 50% of the votes cast of the contending union (e.g. Union A-23, Union B-3=26
votes, No union-25 Total:51)
DOBLADO, Marie Cecile P. MAGISTRADO, IVY B.

24. The contract that employees, as represented by the certified exclusive bargaining
representative, has right to enter into with their employer is called __________.

COLLECTIVE BARGAINING AGREEMENT (CBA)

25. Only the union who won in a certification election has the right to negotiate a collective
bargaining agreement with the employer.

FALSE. A union may negotiate if it is granted a voluntary recognition by the employer. Requisites of
voluntary recognition are: 1. Majority of the members of LLO and 2. No other legitimate labor
organization

26. Only the members of a union may be required to pay dues to the union

FALSE. Even non-union members may be required to pay provided that they availed of the benefits
from the CBA negotiated by the union but only the EBR can ask for payment.

27. Only union members may avail of the benefits secured through the CBA

FALSE. Only the members in the CBU.

28. What is a “check off” and the requirements for a valid check-off?

CHECK OFF – is the direct deduction by (a)reason of CBA or (b)registration of union

1. CBA – if charged against non union members does not require authorization because the right
to collect is based on the acceptance of benefits
2. Registration of union/LLO
 Individual authorization required
 Agreement between the ER and EE as to the amount, purpose and the beneficiary

29. On the part of the employee, in establishments where there is no Collective Bargaining
Agreement, the duty to bargain collectively generally refer to the:
i) duty to bargain in good faith with the employer
ii) duty to promptly submit a proposal with the employer

30. On the part of the employer, in establishments where there is no Collective Bargaining
Agreement, the duty to bargain collectively generally refer to:
i) duty to bargain in good faith
ii) duty to respond to the proposal immediately

31. In addition to the above respective duties, in establishments where there is a Collective
Bargaining Agreement, the duty to bargain collectively also refers to the duty to

Duty to faithfully implement or enforce the provisions of the CBA

32. All interference in the employees’ right to self-organization is an unfair labor practice
punishable as an unfair labor practice.
DOBLADO, Marie Cecile P. MAGISTRADO, IVY B.
FALSE. Unfair Labor Practice (ULP) means that the interference must be directed against the right
to self organization

33. What is a “yellow-dog” Contract?

YELLOW DOG CONTRACT – condition imposed by the employer to employee for the latter not to
join in any (labor) organization.

Effect: ULP

34. What is the “Contract Bar” Rule?


Means that while a valid and registered CBA is subsisting, the Bureau is not allowed to hold an
election contesting the majority status of the incumbent union.

35. What is the requirement in order that a petition for certification election will be barred by
the “Contract Bar” Rule?
When the filing of the petition for certification election is made within the 60 day freedom period,
said petition will be barred by the Contract Bar rule.
a. Valid subsisting CBA
b. Petition filed outside the freedom period

36. Identify the six (6) requirements for a valid Collective Bargaining Agreement

1. Contracting parties must be duly organized- union is the EBR and employer
2. Content should not be contrary to law
3. Contain provisions required by law or the mandatory provisions
4. Posted in at least two conspicuous places in the establishment
5. Ratified by the members of the bargaining unit not only by the members of the EBR
6. CBA must be submitted to the BLR or Reg Director

37. Identify the two (2) major components of a Collective bargaining Agreement

a. Economic provisions-concerning the


b. Political provisions – protect and strengthen the status of the EBR as such eg. union security
clause, recognition of union by the employer

38. There are four (4) general valid grounds laid down by Statutes for strike/lock-out.

FALSE. Only two namely: 1.Collective Bargaining deadlock and 2. Unfair labor practice.

39. To be valid, a strike/lockout need only to have a valid ground.

FALSE. Must comply with the following requirements: 1. Valid ground (compliance of procedure
before the strike), 2. Valid procedure before the strike and 3. Process must be legal during the strike
(manner of carrying out the strike)

40. Violations of the Collective Bargaining Agreement is not a valid strikeable ground.

FALSE. Violation of either the political or economic provisions are strikeable ground IF the violation
is flagrant or gross or malicious
DOBLADO, Marie Cecile P. MAGISTRADO, IVY B.

41. Define/Describe the following: (NOTE: Define and provide the implication)
a. Strike. Is the temporary stoppage of work resulting from a labor dispute to pressure the employer
to give in to the position of the employees.
b. Lock-out. Is the temporary stoppage of ALL workers to pressure the employees to give in to the
position of the employer.
c. “Wild cat” strike/lock-out. One declared and staged without the majority approval of the
recognized bargaining agent.
d. “Cooling-off” period in strikes/lock-outs. Is the time gap required to coo-off tempers between the
filing of notice and the actual execution of strike/lock-out.
e. “Strike/Lock-out ban”. Refers to 7 days before the conduct of strike in order to verify the
authenticity of votes.
f. “Feather-bedding”. A term given to an employee practices which create or spread employment
by unnecessarily maintaining or increasing the number of employees used. It is also when the
union demands the employer to give it certain concession just to agree to a CBA.
g. “Blue-sky Bargaining”. Is asking for terms which are impossible for the employer to agree on.
h. “Improved offer balloting”
i. “Reduced offer balloting”.

42. In the conduct of a strike vote, all employees in the collective bargaining unit have the right
to vote.

FALSE. Only the union members of the bargaining unit/exclusive bargaining agent may vote. Strike
vote is facilitated by the Med Arbiter

43. Because strike/lockout is a legal course of action of the employees/employer to pressure the
other party to accede to their respective positions in a collective bargaining negotiation, a
legally valid strike/lock-out cannot be prohibited or stopped.

FALSE. Under the following situations, a legally valid strike/lock-out may be stopped:
1. Assumption of compulsory jurisdiction.
2. When illegal acts or violence is committed during the conduct of strike

44. A party desiring to enforce the criminal liability of the offender for unfair labor practice may
immediately file his complaint with the prosecution office.

FALSE. There should be Administrative determination of ULP. It must be filed before the Conciliation
and Mediation, in case of Union Busting.

45. Because of the unfair labor practice committed by Union A against Union B, the latter filed a
notice of strike with the NCMB fifteen days prior to the intended strike because the ULP
committed amounted to union busting. What advice should NCMB give to Union B?

Advice Union B not to strike because the ground is not strikeable. The union busting was committed
not by employer but by another union. Note: Strike is weapon against the employer.

46. What is a union security clause? Generally, a provision in the CBA which protects the status of an
EBR.
Requirements are:
a. Union has EBR
DOBLADO, Marie Cecile P. MAGISTRADO, IVY B.
b. There is CBA requiring continued membership
c. CBA contains a union security clause
d.
47. Describe the following types of union security clauses:
i. “Maintenance of Membership”. Means that as a general rule, employees in the
bargaining unit represented by the EBR, the members must continue to be members in good
standing otherwise they will lose their employment.
ii. “Union Shop”. Means that as a general rule, the employees in the bargaining unit
represented by EBR who are not yet members of such EBR should become members thereof after a
particular period of time of their employment, otherwise they shall lost their employment.
iii. “Closed Shop”. Means that as a general rule, before the employees can be hired, he must
be a union member.

48. Among the above enumerated types of union security clause, explain why “Closed Shop” is
the strongest.

Closed shop is the strongest among the three because there are two prerogatives shared by the
employer to the EBR, to wit: the power to hire and power to dismiss.

49. Because the right to join a labor organization also means the right not to join, no employee
may be required to join a labor organization.
i. Identify an exception to the above, if any;
When there is Union Security Clause, may it be Maintenance of membership, Closed-shop
or Union shop

ii. Identify an exception to the exception, if any.


a. Restrictions from religious affliations
b. Those who are already members of another legitimate labor organization

50. Under all circumstances, the right to decide whether or not to join a labor organization is
lodged with the employee.

TRUE. Decision to join or not to join is in the employee subject to the consequences of such choice.
The right may only be limited but not absolutely restricted.

-------------------------------------oOo-----------------------------------