LABOR RELATIONS xxx

Globe doctrine Rights of a LLO Art, 242

Globe doctrine deals with the determination of whether a certain group 1. Act as representative of its members
or category of employees constitutes an appropriate bargaining unit.
2. SEBA
The doctrine states that in determining whether a group or category of
employees constitute an appropriate bargaining unit, the desire of the
3. To be furnished with annual audited financial report of the
employees is taken into consideration.
company.
Community of interest rule
4. Own property/ sue can be sued / undertake all activities
designed to benefit its members and not contrary to law.
The community of interest rule is the standard used in determining the
constituency of an appropriate bargaining unit. This is particularly
5. Special tax exemption
relevant in an establishment with more than one branch. The rule
states that in determining the constituency of an appropriate bargaining
xxx
unit, the mutuality or community of interests is taken into consideration.
Employees sharing mutual interests belong to one bargaining unit,
Union Membership:
whether they belong to the same branch of an establishment or to
different branches. Art. 243. Coverage and employees’ right to self-organization. All
persons employed in commercial, industrial and agricultural
xxx
enterprises and in religious, charitable, medical, or educational
institutions, whether operating for profit or not, shall have the right to
RIGHT TO SELF ORGANIZATION:
self-organization and to form, join, or assist labor organizations of their
own choosing for purposes of collective bargaining.
Upon issuance of the CERTIFICATE OF REGISTRATION= LLO
Ambulant, intermittent and itinerant workers, self-employed people,
Acquires legal personality and all its rights and privileges granted by
rural workers and those without any definite employers may form labor
law,
organizations for their mutual aid and protection. (As amended by
Batas Pambansa Bilang 70, May 1, 1980)
Date of issuance of CR = LLO
xxx
Date of issuance of Certificate of Chartered LOCAL = acquires legality
only for the conduct of certification election. (Doctrine of presumptive
Art. 244. Right of employees in the public service.
legitimacy)
Employees of government corporations established under the
xxx
Corporation Code shall have the right to organize and to bargain
collectively with their respective employers.
How to attack the legal personality of the union – by way of an
independent petition for cancellation of union registration and not
All other employees in the civil service shall have the right to form
collateral attack for certification election,
associations for purposes not contrary to law. (As amended by
Executive Order No. 111, December 24, 1986)
Chartered local shall attain LLO status only upon – the submission of
the ff. to the DOLE or BLR
xxx
1. Charter certificate from the federation or national union
Art. 245. Ineligibility of managerial employees to join any labor
(within 30days from issuance)
organization; right of supervisory employees. Managerial
employees are not eligible to join, assist or form any labor
2. Constitution and by-laws
organization. Supervisory employees shall not be eligible for
3. List of officers (2&3 must be certified under oath by the membership in a labor organization of the rank-and-file employees but
secretary/or treasurer and attested by the president of the may join, assist or form separate labor organizations of their own. (As
local union) amended by Section 18, Republic Act No. 6715, March 21, 1989)

4. Note: submission of books of accounts not anymore xxx

required.
Art. 243

Any employee, whether employed for a definite period or not, shall,

beginning on his first day of service, be considered as an employee for
purposes of membership in any labor union.

(As amended by Section 33,

Republic ActNo.6715)
xxx Grounds for cancellation of union reg,

Managerial employees – vested with powers to formulate and Art. 238 Misrepresentation, false statement, fraud of adoption and
effectuate management policies and enforce management ratification of the constitution and by-laws/ election of officers…conduct
prerogatives. of the election.

Supervisory employees- the function is not clerical or routine but has And – voluntary dissolution by the members 2/3 votes= gen.
the nature of independent judgment. membership meeting/ application for dissolution by the board attested
by the Union Pres.
Confidential employees- act in confidential capacity, formulate,
determine and effectuate management policies in the field of labor xxx
relations.
Effect of inclusion as members of employees outside the bargaining
Xxx unit,

Check off and special assessment: Affecting union registration

GR: NO assessment, attorney’s fees, registration fees or any other Affecting certification election
extraordinary fees may be check off from an employee without an
individual written authorization duly signed by the employee. Unless there is fraud, misrepresentation,

Exception: recognized union dues/agency fees/ fees for mandatory Tagaytay highlands international gold club inc. vs. theu/ptgwo 2003
activities
xxx
Requisites for SA- 1 Written resolution by the majority of all the
members of the union/secretary’s minutes of the meeting/individual Who can file a petition for CE
authorization for check-off signed by each employees concerned.
1. LLO
Majority of all members not majority vote of the board of the union,
2. National union who issued a certification of chartered local
xxx
3. Local chapter who has been issued a charter certificate by a
Compromise agreement entered into by the union for its members: national union.

GR: absent any (SPA) special authority from the member, the union
can’t compromise any individual claim of a member. (Money or
reinstatement etc.)
Exception: compromise entered by the majority of the members of the
union binds the all members, especially it is so beneficial to the
members the outcome of the compromise agreement.
What is the BY STANDER RULE?
That the employer has nothing to do with the CE proceedings, (Not a
privy)
Employer will be informed only and submit the list of employees during
the pre-election conference to the med-arbiter

Cornista-Domingo v NLRC 2006 xxx

xxx CERTIFICATION ELECTION

Affiliation and disaffiliation: CE - Bargaining Unit

Local union with a mother union – purpose= increase bargaining power Diff. modes of determining the SEBA
or leverage.
Voluntary recognition
Majority vote of the members of the local union they can disaffiliate, if
there is no contract between the Local and mother Union anent to the Certification election
period of affiliation, and provisions in the local union’s constitution and
by-laws. Consent election

Disaffiliation is not an act of disloyalty. Run-off election

It is a constitutional right! Mother Union=SU/LU OK xxx

xxx Voluntary recognition – a single LLO in a bargaining unit which will ask
management To voluntarily recognize the said LLO as the SEBA and
Effect of petition for the cancellation of union registration: report it to the DOLE,

The filing of a petition for cancelation of Union Registration will not in
any manner-suspend the conduct of a certification election nor hinder
the filing of a petition for certification election.
CE- with order of the DOLE
Consent election –all the workers will vote to determine the SEBA
without filing a petition for CE, no intervention of the MED-AR or order
to conduct CE (without order of the DOLE)
xxx xxx

Run-off election:
An election between two labor union receiving the two highest number
of votes in a CE or Consent E, with three or more choices, wherein
none of the 3 choices receives a majority votes of the votes cast, as
long as the total votes cast consist of majority votes of total numbers of
voters.
The concluded CBA must be RATIFIED by the majority of all the
members of the bargaining unit. (Mandatory)
The Ratified CBA must then be registered within 30 days from
execution of the agreement with the DOLE or BLR
None- registered- 1 year bar rule doesn’t apply.

To be answered (Substitutionary doctrine) SEBA= none registration PCE.

1. Is there a valid election? xxx

2. Is there a valid choice? Union security clauses:

Double majority rule doctrine! 1. Close shop

xxx 2. Union shop

Participants in a certification election – all members of the appropriate 3. Maintenance shop

bargaining unit + employees who has been dismissed from work but
contested the legality of the dismissal waiting final judgment. 4. Agency shop

Declaration of winner in a CE *CBA benefits extendible to all employees of BU

DD majority rule + no pending protest in the conduct of the CE *Expired CBA- 60 days status quo

Grounds for denial of Petition for CE • Substitutionary doctrine

1. Union-not listed/registered/revoked • Sweetheart contract

2. Lack of 25% consent requirement • Surface bargaining

3. Deadlock bar rule • Blue sky bargaining

4. Contract bar rule xxx

5. One year bar rule Strike – temporary stoppage of work by the concerted action of
employees as a result of an industrial or labor dispute.
xxx
Lockout- temporary refusal to furnish work by the employer as a result
CBA and negotiation: of an industrial or labor dispute,

Jurisdictional requirement before mgt. will bargain and deal with the xxx
Union.
Requisites for a valid strike:
1. The Union is LLO
1. Bargaining dead lock
2. The Union is the SEBA
2. ULP
3. There is demand to bargain from the said union.
3. Union busting
* Upon receipt of proposal mgt. did not give counter proposal and
evade to negotiate is liable of ULP. Procedural requirements:

xxx 1. Notice of strike filed to NCMB (non-submission – strike

deemed illegal)
CBA – 5 yrs. Term (3yrs eco. Life 5 years political life)
2. Observance of the cooling off period 30-15-0 days
Retroactivity of the CBA provisions
3. Strike votes- submitted to NLRC (majority vote of all union
End 3rd yr.______within six months automatic retroact members. (after submission to NLRC- observe cooling off
period and 7 days strike ban)
End of 3 yr. ---after six months—by agreement of the parties to the
date of retroactivity. 4. 7 days strike ban

Deadlock in CBA nego--- agreement to retroactivity date

xxx Assumption of jurisdiction/certification for arbitration = not subject to
review or MR if ordered strikers to return to work. – Defiance-
Lawful means and methods termination/ refused to readmit by employer – pay back wages.

1. Without violence, coercion or intimidation xxx

2. w/o Obstruction of ingress and egress Power of the President or SOLE

3. w/o Obstruction of public thoroughfares 1. Assumption of jurisdiction over a labor dispute- when in his
opinion –
*the opposite = illegal strike= prohibited acts
a. there is a labor dispute
Proper Party
b. causing for likely to cause a strike or lockout
1. By the SEBA – Bargaining deadlock -ULP
c. in an industry Indispensable to the national interest.
2. LLO not the SEBA within the BU – ULP
Opinion – is a political question –not reviewable by the courts or SC
All 4 requisite must be present for the strike to be considered legal
strike under the law! xxx

xxx • By stander rule CE

Effect of a lawful strike: • Innocent by stander rule - strike

1. Readmission or reinstatement • 3rd party affected by the strike/ lockout

2. Back wages – economic strike= none / ULP strike- can go to court and file an injunctive writ
discretionary
xxx
*legal strike- strikers must be readmitted even though the mgt. hired
workers to replace them during the lawful strike. There is ULP if the ff. concurs

*if during the strike a worker filed a protest resignation, then reapplied 1. Present of EE relationship
will lose his old status or even seniority. Enriquez v Zamora 146 SCRA
393 2. ACT done in relation to the right to self-organization.

xxx 3. ACTS falls under either ART. 248/249 LC

Effects of illegal strike xxx

Dismissal – officer who knowingly participated in an illegal strike 248 ULP by the employer
(deemed dismissed-discretion of the employer) Gold city port services
vs. NLRC 245 SCRA 627 1. interfering/coercing or restraining – exercise to self-
organization
Dismissal –officer/ member – based on illegal acts committed during
the illegal strike. 2. Yellow dog contract

Mere participation- member- in an illegal strike– no dismissal- but 3. Contracting out work – work of union members
reinstatement without back wages during the illegal strike.
4. Forming company union
* Possible for damages - & criminal liability
5. Discriminating - union members in their work/ witness-
xxx worker=giving testimony –under LC

NO STRIKE 6. Refused to bargain collectively

1. INTRA-INTER UNION DISPUTES 7. Gross violation of the CBA

2. AFTER ASSUMPTION of jurisdiction by the president or his 8. Paying – representatives in the CBA for negotiation. (part of
alter ego. the CBA package)

3. After certification or submission of the labor dispute to

compulsory or voluntary arbitration.

4. Where the cba has a no strike / no lockout clause

xxx xxx

249 ULP by the Union • No notice of termination needed after the completion of the
project-employee deemed separated.
1. Coercion restraining –employees –exercise right of self-
organization. • Before dismissal after the project – employer must report the
termination of services to the nearest employment office of
2. Causing or attempting to cause an employer to discriminate the DOLE.
against an employee.
• Cannot be dismissed before the termination of the project,
3. Violating the duty to bargain collectively they can only under causes provided by law.

4. Exacting money and other things of value from employer-for xxx

works NOT done.
Probationary employees
5. Asking negotiation fees from employer as part of the CBA.
(featherbedding) 6 months- period of probation – can be shorten or prolonged.

6. Gross violation of the CBA *has security of tenure within that 6 months – termination only under
cause and authorized causes.
xxx
*double or successive probation not allowed,
Termination of Employment
*If the probi during the probation cannot provide satisfactory
Types of employees: performance- employer cannot dismiss him.

Regular employees: xxx

1. Engaged in activities which are usually
Necessary and desirable to the usual trade or business of the
employer,
2. Has rendered1 yr. continuous or broken
In an activity which is not UN or Desirable but work exist beyond 1 yr.
makes it a necessity in the business. (Casual employees)
3. Has been allowed to work after 6 months probationary period.
Termination: Just or authorized causes:
xxx
Seasonal employees – work for a particular season only – if still
engaged after the said singular season – can be subject to the rules for
regular employment status.
Termination after the season doesn’t constitute illegal dismissal.
Has security of tenure within the season
Can be terminated during the season on just and authorized causes
only.,
xxx
Fixed term employment – based on contract (vis a vis Job contractor/
labor only contractor)

Project employees – employed for a specific project / completion or • term contract

termination of the project determinative of the time of engagement of
the said employee, • Work usually necessary and desirable

PROJECT EMPLOYEE – NOT A REGULAR EMPLOYEE- CO- • Not illegal

TERMINOUS WITH THE PROJECT
• Expiration of term/contract= valid cause for termination of
*EVEN IF THEY SERVE MORE THAN 1 YR. employment.

*SECURITY OF TENURE within the project life, if terminated before • Knowingly, voluntarily (no force/duress) in the part of the
the completion – separation pay. employee to enter into a contract – fixed term employment

*no separation pay after the completion of the project, • Dealt in equal footing

*repeated rehiring in different projects without gaps – deemed regular • Intent is important – employer (evading regularity/ abuse of
employees employee/ violate tenurial status of the employment.
xxx xxx

Part time employees- they are regular employees because of the 1. Serious misconduct or willful disobedience
nature and length of employment, doing NU.
by the employee of the lawful orders of his employer or representative
Confidential employees – those who formulate management policies in connection with his work.
connected to labor and employment.
With intent to commit: (not mere error in judgment)
xxx
Requisites:
Valid lawful termination of employment:
A. In connection with the work of the employee.
1. Valid causes – Just causes and authorized causes
B. The act must be Serious
2. Compliance with due process
C. The employee has become unfit to work.
Based on 282 + observance of due process –right to be heard and
defend himself. Ex. Having sex during work hours/fighting/obscene language against
superior/falsification of time records,
xxx
xxx
Totality of infraction doctrine- repeatedly incurred several suspensions/
warnings/ that warrants its dismissal akin to habitual delinquency. Willful disobedience

• Past infractions for which an employee had already been Requisites:

penalized cannot be collectively taken as a justification for
dismissal. 1. Intentional act

• But if the previous infractions are connected with the 2. Perverse attitude
subsequent infraction it can be considered forming the
totality rule. 3. The order violated must be reasonable

xxx 4. Connected to the duties and responsibilities engaged to

discharge.
Due process: (substantial and procedural due process)
Violation of R&R
Two written notice rule:
xxx
1. Notice given acts or omissions as basis for dismissal and the
charges therein, giving him reasonable time to be heard. 2. Gross negligence and habitual neglect of duties.

2. Notice informing him of his dismissal after exercising his Gross negligence – failure to exercise slight care of diligence or entire
right to be heard. absence of care, Thoughtless

Non observance fine –P 30K UP (Just causes) Regard of consequence without exerting any effort to avoid them.

P 50K
xxx
Just causes: No separation pay
Serious misconduct -
Wilful disobedience
Fraud/breach of trust
Gross negligence
(Authorized causes) Habitual neglect of duty – repeated failure to perform one’s duty per a
period of time,
Ex. Habitual absenteeism and tardiness
Ex. Gross negligence – abandonment of work
xxx
3. Loss of trust and confidence / fraud
Fraud – act or omission to deceive/conceal resulting to damage to
another / can be an act of deceit – is a specie of fraud.

Analogous causes (abandonment/grossly immoral conduct/ sleeping Willful breach of trust – loss of confidence
on the job)
Holding a position of trust and confidence- cashier/bodegero
xxx xxx

Elements : Resignation voluntary in nature

1. Willful not ordinary breach –intentional No separation pay

2. Worker holding a position of trust & confidence Unless: CBA/ tradition

3. Related to work _______________

4. Exist substantial evidence –not mere Retirement: RA 7641

surmises/speculations/conjectures
Compulsory 65 / optional 60
Pilferage – return of item will not negates valid dismissal
(15 days for every year of service Not applicable not more than 10
Length of service immaterial also employees

xxx Underground miners RA 8558

4. Commission of a crime against the employer or any of immediate Compulsory 60 / optional 50 at least served min. 5 yrs.
member of his family or his duly authorized representative.
xxx
Other analogous causes:
Consequences of illegal dismissal:
1. Like sleeping on the job….
• Back wages-no deduction of present earnings
2. Immoral conduct
• Reinstatement –if possible (in the payroll /former position LA
xxx decision even pending appeal (physical re-instatement not
possible)
Authorized causes: with or without separation pay (1 month or ½
month of every yr. of service • Nominal damages – non observance of due process

Fraction of 6 month considered as 1 yr. service) • 30K for authorized causes

1. Retrenchment (*basis-who) due to losses1/2/ retrenchment • 50K for just causes

to prevent losses 1 month.

2. Redundancy 1

3. Installation of labor saving devices 1 month

4. Closure of business*(no bankrupt/due to govt. order = 1- 1/2)

5. Disease ½-1(6mon No cure-certification public health officer)

30days notice to DOLE prior to termination and follow due process