Labor Relations Finals Reviewer

Yupangco vs CA

THIRD PARTY CLAIMANT; MAY AVAIL OF SEVERAL ALTERNATIVE REMEDIES FOR THE
PROTECTION OF HIS INTEREST. — A third party whose property has been levied upon by a sheriff
to enforce a decision against a judgment debtor is afforded with several alternative remedies to
protect its interests. The third party may avail himself of alternative remedies cumulatively, and one
will not preclude the third party from availing himself of the other alternative remedies in the event he
failed in the remedy first availed of. Thus, a third party may avail himself of the following alternative
remedies: a) File a third party claim with the sheriff of the Labor Arbiter, and b) If the third party claim
is denied, the third party may appeal the denial to the NLRC. Even if a third party claim was denied, a
third party may still file a proper action with a competent court to recover ownership of the property
illegally seized by the sheriff. This finds support in Section 17 (now 16), Rule 39, Revised Rules of
Court. In light of the above, the filing of a third party claim with the Labor Arbiter and the NLRC did not
preclude the petitioner from filing a subsequent action for recovery of property and damages with the
Regional Trial Court. And, the institution of such complaint will not make petitioner guilty of forum
shopping.

FILING OF SEPARATE CIVIL ACTION FOR RECOVERY OF OWNERSHIP OF THE PROPERTY

LEVIED SHOULD NOT BE CONSIDERED INTERFERENCE UPON THE MAIN ACTION. —
Jurisprudence is likewise replete with rulings that since the third-party claimant is not one of the
parties to the action, he could not, strictly speaking, appeal from the order denying his claim, but
should file a separate reivindicatory action against the execution creditor or the purchaser of the
property after the sale at public auction, or a complaint for damages against the bond filed by the
judgment creditor in favor of the sheriff. And in Lorenzana v. Cayetano, we ruled that: "The rights of a
third-party claimant should not be decided in the action where the third-party claim has been
presented, but in a separate action to be instituted by the third person. The appeal that should be
interposed if the term 'appeal' may properly be employed, is a separate reivindicatory action against
the execution creditor or the purchaser of the property after the sale at public auction, or complaint for
damages to be charged against the bond filed by the judgment creditor in favor of the sheriff. Such
reivindicatory action is reserved to the third-party claimant." A separate civil action for recovery of
ownership of the property would not constitute interference with the powers or processes of the
Arbiter and the NLRC which rendered the judgment to enforce and execute upon the levied
properties. The property levied upon being that of a stranger is not subject to levy. Thus, a separate
action for recovery, upon a claim and prima-facie showing of ownership by the petitioner, cannot be
considered as interference

Rivera vs United

Articles 1139 to 1155 of the Civil Code provide the general law on prescription of actions. Under
Article 1139, actions prescribe by the mere lapse of time prescribed by law. That law may either be
the Civil Code or special laws as specifically mandated by Article 1148. In labor cases, the special law
on prescription is Article 291 of the Labor Code which provides:

Article 291. Money Claims. — All money claims arising from employer-employee relations accruing
during the effectivity of this Code shall be filed within three (3) years from the time the cause of action
accrued; otherwise they shall be barred forever.

The Labor Code has no specific provision on when a monetary claim accrues. Thus, again the
general law on prescription applies. Article 1150 of the Civil Code provides that —

Article 1150. The time for prescription for all kinds of actions, when there is no special provision which
ordains otherwise, shall be counted from the day they may be brought.

The day the action may be brought is the day a claim started as a legal possibility. 45 For the
petitioner in the present case, this date came when she learned that she was being paid on the basis
of her December 31, 1988 retirement computations for the retirement that she claimed to have
occurred on December 31, 1992.

How prescription operates is another matter that the general law, rather than the Labor Code, governs
since the Labor Code is silent on the matter. Under Article 1155 —

The prescription of actions is interrupted when they are filed with the court, when there is a written
extrajudicial demand by the creditors, and when there is any written acknowledgment of the debt by
the debtor.

Globe Doctrine

ReRun Election- election conducted to break a tie between contending unions including between the
No Union and one of the Unions. It shall likewise refer to an election conducted after a failure of election
has been declared by the election officer and or affirmed by the mediator-arbiter.

RunOff Election- election between the labor unions receiving the two highest number of votes in a
certification or consent election with 3 or more choices, where such a certified or consent election results
in none of the 3 or more choices receiving the majority of the valid votes cast. Provided that the total
number of votes for all the contending unions is at least 50% of the number of votes casr.

Zipper Clause – A devise to forestall negotiation proposals after the CBA has been signed. A stipulation
in the CBA indicating that issues that could have been negotiated upon but not contained in the CBA
cannot be raised for negotiation when the CBA is already in effect. The CBA is a complete agreement,
negotiation is closed as a zipper does.

Concerted Activity by One – A concerted activity by one is that which is performed by an individual or
two but nevertheless may still qualify as concerted. One example is when a person seeks to induce
group activity or represents at least another employee. A mere conversation between a speaker and a
listener may also be considered concerted as long as the conversation involves that which concerns
the interest of a group.

EXTRA-ORDINARY AND PRE-EMPTIVE POWER OF SECRETARY OF LABOR The extra-ordinary

and pre-emptive power of the Secretary of Labor indicates the latter’s assumption of jurisdiction over
cases whereby labor disputes are already in existence but no bargaining deadlocks have taken place
yet. It is extraordinary and pre-emptve in such a way that the assumption of jurisdiction operates to
prevent the possible paralyzation of an industry vital to the national economy. This power affords the
Secretary full authority to resolve all issues concerning the dispute and even those which are considered
as merely related to it. In order to exercise this power, a labor dispute must already be in existence and
the industry involved must be of national interest.

ACTUAL REINSTATEMENT v. PAYROLL REINSTATEMENT

The compliance with an Assumption of Jurisdiction Order should be by way of actual reinstatement and
not just merely payroll reinstatement. Actual reinstatement is mandatory because work stoppage, even
temporary, takes a toll on the national economy. The power of the Secretary to assume jurisdiction over
cases involving issues of national interest is laid down by law to protect the State in times of emergency
crises. Thus, the power is not aimed to protect labor nor employer. The primary objective is to end work
stoppage to alleviate the losses the national economy may incur. Said objective cannot be fulfilled by
mere payroll reinstatement.

POWER OF THE PRESIDENT

The power of the President over labor disputes indicates that he is allowed a wide latitude of discretion
when it comes to assuming jurisdiction over cases which involve industries vital to national interest. The
purpose behind the granting of such power is to prevent the state from experiencing emergency crises
that may come about when an important industry ceases to operate due to striking employees.
VOLUNTARY ARBITRATION

The labor arbiter is incorrect. Even when the case has already been submitted to him for resolution, the
parties to a labor dispute may still opt to withdraw the case from his jurisdiction. This is true because
voluntary arbitration is primarily favoured by law because of its commitment to speedy labor justice and
the more active participation of the parties towards the resolution of the case. By the aforementioned
reason, the denial of the arbiter to withdraw the case from his jurisdiction was therefore incorrect.

PRESENCE OF POLICE PERSONNEL

The presence of police personnel in a strike or lock-out, as a rule, works primarily to maintain peace
and order, enforcement of laws and the performance of specific functions. Police personnel must station
themselves outside a 50m radius from the picket line. If within that distance, there is a public
thoroughfare, then they can position there to ensure free flow of traffic. It is also required that the police
personnel be in uniform with proper namecloth at all times. They must observe strict neutrality, keeping
in mind that the strikers are not their adversaries but rather partners in the quest for industrial peace
and human dignity.

1. Shall be limited to maintenance of peace and order, enforcement of laws and legal orders of
duly constituted authorities
2. Personnel detailed as peace keeping force in strike or lockout should be in uniform with proper
namecloth at all times
3. The peace keeping details shall not be stationed in the picker and shall maintain themselves
outside a 50-meter radius from the picket line, except if the 50 meter radius includes a public
thoroughfare
4. Any person who obstructs the free and lawful ingress to and egress from the employer’s
premises or who obstructs public thoroughfares will be arrested and charged in court.

4 Labor Disputes under the Original and Exclusive Jurisdiction of the Voluntary Arbitrator

Union Clause not an interference on right to self organize

4 Processes of CBA

Boulwarism

3 Requirements for SEBA Certification

Aliens joining local union and CBA negotiation but may self-organize with other aliens with work
permits

Parties may agree even after the LA assumes jurisdiction to submit their disputes to the Grievance
Machinery and Voluntary Arbitrate. They are allowed to do so.

Effectivity date of new CBA – until one is reached or made

Notice Period refers to the period of negotiating the terms of the CBA. It is an economic event
between the union and the employer. Notice to negotiate to ratify, alter or modify the existing CBA is
done not later than the 3rd year.

Dual purpose of Art 265 (1) Obtain industrial peace (2) to provide specific time table which the law
does not prohibit if waived or suspended by the parties. It is a valid exercise of freedom to contract.

The 5 year CBA representation period applies only when here is an extant CBA in full force and
effect, not during when parties agreed to suspend the CBA and put in abeyance.

Certification Election cases.

Doctrine of Necessary Implication

Requisites of a Valid CBA

Confidential Employee

Election process and procedure

Affiliate Union

Appeal (perfection/requisites)

Freedom Period- 60 days period immediately preceding the expiration of the representation period of
5 ears in the CBA. It is the last 60 days of the lifetime of a CBA immediately prior to its expiration. It is
the only time when the law allows the parties to serve notice to terminate, alter or modify the existing
agreement. It is also the time when the majority status of the bargaining union or agent may be
challenged by another union by filing appropriate petition for certification election. The freedom period
is a political event involving the rival unions and the voters-employees.

Notice Period – Speaks of the proper time to propose modification to existing CBA. It is the notice
period for renegotiation of an expiring CBA. It s a notice from either or both the management and the
bargaining union. The 60 days period in the Notice Period does not refer to the representative status
of the incumbent union. The 60-day period refers to renegotiating the CBA provisions. It occurs
towards the end of the 2nd or 3rd year of the CBA. The notice period is an economic event between the
negotiating union and the management. The freedom and notice periods may coincide on the 5 th year
of the CBA.

Necessary Intervenor (Doctrine of Equity)

Registration with a local charter necessary?

Rank and File vs Supervisors and Managers

Med-Arbiter

DOLE- orders election certification

Check Off

Featherbedding

Appeal bond procedure

Gross Violation of CBA

Deadlock and Impasse

Appeal by Certiorari

Expiration of CBA

Requirements for SEBA Certification

1. Bargaining unit is unionized

2. Requesting union is the only union in the bargaining unit

3. The CB unit majority are members of the union

SEBA Certification - process where a union requests the DOLE Regional Director to recognize and
certify the union as the SEBA of the bargaining unit it purports to represent to negotiate a CBA with
the employer

Alleged facts for SEBA registration should be proven by Documentary Evidence such as as (1) payroll
(2) registration certificate as an independent union or the charter certificate of the chapter. Docs must
be (1) true (2) correct (3) under oath

If the Unions Request for SEBA certification is denied, it may be referred to an election officer for the
conduct of a certification election. If the union's request for certification is granted, the certified union
shall enjoy the rights and privileges of an exclusive bargaining agent for the bargaining unit. The
certification shall bar the filing of a petition for certification election by any labor organization for a
period of 1 year from the date of its issuance.

Aside from introducing SEBA Certification, the Med Arbiter is allowed to consider Certain verifiable
facts such as the existence of a CBA, to bar the holding of a certification election. The decision to hold
an election should be released within 10 days from the last hearing.

Employer as Bystander should not harass employees before, during or after elections. The employer
shall not be considered a party to the certification election. The choice of their representative is the
exclusive concern of the employees. The employer cannot interfere nor oppose the process.
Furthermore, the employer’s participation shall be limited to: (1) being notified or informed of petitions
& (2) Submitting the list of employees during the pre-election conference.

Employees Eligible to vote in the Certification Election- All the employees who are members of the
bargaining unit 3 months before the filing of the petition are eligible to vote in the certification election.

Equity of the Incumbent – Right of the incumbent bargaining union, in an organized establishment
wherein it remains as the Sole Bargaining Rep until replaced. Until so replaced, it does not lose its
representative status and it has the right to retain the recognition by the employer.

Incumbent Bargaining Union as a Necessary Party and Forced Intervenor – In an organized

establishment, the union that was defeated in the Certification Election held some 5 years before
might file a Petition for Cert Election and not the incumbent bargaining agent because it will not
contest its own status as the bargaining representative. In any such petition, the incumbent is a
necessary party and or a forced intervenor. Other unions which are interested in joining may file a
motion for intervention which motion is governed by the same rules that apply to Petition Cert of
Election.

Petition to File should be done by a Legitimate Labor Org – If the petition was filed by the federation
which is merely an agent, the petition is deemed to be filed by the chapter. However, the principal or
the mother union must be a legitimate labor org. But the chapter cannot merely rely on the legitimate
status of the mother union. Where the constitution by-laws and the list of members who ratified the
same were not attested to by the union president and the constitution and by laws were not verified
under oath, the local union has no personality to file a petition for certification election, it not being a
legitimate labor org. Hence, should be dismissed. A union that has no legal personality to file a PCE
has no personality to either file a petition in intervention.

Requisites to Collect Special Assessment for Union Incidental Expenses, Atty Fees & Representation
Expenses

1. Authorization by a written resolution of the majority of all the members at the general
membership meeting duly called for that purpose
 2. Secretary’s record of the minutes of the meeting which shall be attested by the President and
must include the list of all members present, the votes cast and the purpose of the
assessment
3. Individual written authorization for check off duly signed by the employee concerned which
shall include or state the beneficiary of the deduction, amount and the purpose.

Atty fees may not be deducted or checked off from any amount due to an employee without his
written consent, except for mandatory activities

A mandatory activity is a judicial process of settling dispute laid down by law. However, deductions for
union service fee are authorized by law and do not require individual check off authorizations.
Amicable settlement and benefits awarded to employees are not mandatory activities.

Automatic Renewal Clause The CBA’s economic provision shall remain effective and enforceable
even after the expiration of the period fixed by the parties as long as no new agreement is reached.

Methods for Determining Bargaining Union 1) SEBA certification 2) Certificate Election with or without
run-off 3)Consent Election

Procedural Requirements for a Valid and Legal Strike- A strike, to be legally done by a union must
observe certain procedural requirements namely -a) filing of notice of strike to be filed 30 days before
the intended date if involves economic disputes and 15 days prior if ULP b) the observance of the
cooling off period which is 30 days in case of a bargaining deadlock and 15 days for ULP c)taking of
strike vote which should be taken by secret ballot, in meeting duly called for that purpose
d)observance of the 7-day strike vote report period, to be reported to the NCMB at least 7 days before
the intended strike, subject to cooling off period.