Chapter 1:​ Policy and Definition

Labor Relations
- Interactions between employer and employees or their representatives
- Mechanism by which standards and terms of conditions of employment are negotiated

Declaration of Policy of the State

- To promote collective bargaining and negotiations
- To promote unionism for the enhancement of social justice
- To promote the enlightenment of workers regarding their rights
- To encourage a democratic method of regulating the relations between the employers
and employees by means of afreements freely entered into through collective bargaining

Point of Labor Laws

- Promote just and dynamic order to ensure prosperity / free people from poverty
- Social justice

Chapter 2:​ Definitions

Employees
- Any person in the employ of an employer. The term shall not be limited to the employees
of a particular employer. Includes any individual whose ​work has ceased as a result of or
in connection with any current labor dispute​ or because of any unfair labor practice if he
has not obtained any other substantially equivalent and regular employment

Employer-Employee Relationship

- Four fold test

- Power to hire / select
- Payment of wages
- Power to dismiss
- Power to control (here, employer controls the means and methods)

Labor Dispute
- Any bona fide controversy concerning wages, hours, conditions of work
- Even includes the question of existence of employer-employee relationship

Labor Standards Dispute

- Compensation: underpayment, illegal pay deductions
- Benefits: nonpayment of holiday pay, overtime pay
- Working conditions: work hazards
 Labor Relations Disputes
- Organizational Right
- Bargaining Disputes
- Employment Tenure Disputes

ADR
- Arbitration
- Mediation
- Conciliation

Chapter 3​: National Labor Commission

NLRC
- National Labor Relations Commission
- Attached to the Department of Labor and Employment (DOLE) for program and policy
coordination only. Composed of chairman and 23 members.

​ LRC ​➜​ CA​➜​ SC (After the SC it can go back to the LA)

Labor Arbiter ​➜ N

- NLRC should be final but can be appealed through a special civil action to the CA

Chapter 4:​ Powers and Duties

Jurisdiction of Labor Arbiters and the NLRC

- Unfair labor practice cases
- Termination disputes
- Claims for reinstatement
- Claims for actual, moral, exemplary and other damages from employee-employer RS

Nature of Proceedings
- Non-litigious. Technicalities of law and procedure in the regular courts do not apply (like
administrative cases) but due process is still REQUIRED.

Venue
- In favor of the worker since he is the economically disadvantaged party
Jurisdiction of the Labor Arbiter
- Termination disputes, illegal dismissal complaints
- Money claims arising from employer-employee relationships (money claims must not
arise from a CBA but from statutes or contracts)
- Claims for damages
- Strikes or lockouts or any form of work stoppage (but power to issue injunction is not
with the LA but with the NLRC)
- OFW’s money claims or dismissal
- Wage distortion
- Dispute over compromise settlement

NOTE:​ splitting of action not allowed. If an employee has a cause of action for
reinstatement, backwages, and damages. When he institutes a complaint he should
make a claim for ALL the relief sought. Also, can’t prosecute claim separately.

II. Powers and Duties

Powers of the NLRC

- Rule-Making Power:​ the commission has the power to promulgate rules and
regulations which have the force and effect of law

- Administer oaths
- Summon parties
- Issue subpoenas

- Power to investigate / hear disputes

- Contempt power

- Adjudicatory power
- Issue TROs

III. Powers and Duties [Procedure]

- Technical rules not binding

- Not bound by the technical rules of procedure
- Labor arbiter shall exert all efforts towards the amicable settlement of a labor
dispute within his jurisdiction on or before the first hearing
- Social legislation, goal is to help employees
- Make it easy to litigate
 - Cardinal Rights
Rules of procedure not binding but substantial evidence still needed
- Right to a hearing
- To have evidence presented
- Decision must be supported by evidence
- Evidence must be substantial

- Failure of Conciliation
- Labor arbiter proceeds

- Non-appearance of parties
- If the complainant doesn’t show up, ground for dismissal
- If the respondent doesn’t show up, second conference happens. So he has a
chance and if he still fails to show, bam, the right is waived.

- Binding Effect of Compromise Agreement

- Valid if no vitiation of consent / entered into voluntarily
- Counsel cannot consent to this without an SPA

- Due Process
- The opportunity to be heard
- The opportunity to present evidence
- Includes impartiality of appeal body (so reviewing officer can’t be the same officer
as the one whose decision is under review)

III: Appeal

General rule:​ decisions of the LA are final unless appealed to the NLRC within 10 days. Such
appeal may be entertained only on the following grounds:

1. Abuse of discretion on the part of the LA

2. Decision was secured through fraud or coercion
3. Purely question of law
4. Serious errors in the findings of facts are raised

NOTE:​ LA decision reinstating a dismissed employee executory even pending appeal so

employee is either admitted back to work or placed on the payroll

- Appeal period:​ 10 calendar days (all days included)

 - Court of Appeals to Supreme Court: ​petition for review on certiorari, rule 45. Only
questions of law, must be within 15 days from the notice of judgment.

- Writ of Execution
- Court order to carry out a final judgment through the sheriff
- In regard to decisions, must be furnished to both counsel and parties. They don’t
follow the whole notice to counsel is notice to party rule.

III. Bureau of Labor Relations

Jurisdiction and Functions

- Union matters
- Collective bargaining registry
- Set policies, standards, procedures on the registration and supervision of legitimate
labor union activities​. They also set standards and policies for ​CBA agreements​.

Union
- Society, or association formed by people with a common interest or purpose.

Collective Bargaining Unit

- Contract executed upon request of either the employer or the exclusive bargaining
representative of the employees incorporating the agreement reached after negotiations
with respect to wages, hours of work and all other terms and conditions of employment,
including proposals for adjusting any grievances or questions under such agreement.

Inter-union dispute
- Between unions themselves for purposes of collective bargaining

Intra-union dispute
- Among members, including grievances arising from violation of membership

Compromise Agreement
- No valid compromise without the BLR
- Final but NLRC can get involved if fraud happened to reach a compromise
- Invalid if: clear proof it was wrangled from an unsuspecting or gullible person /
therms of the settlement are unconscionable on its face.
- Signed in writing before a regional director
- Encouraged at ALL points in time
- Absence of counsel does not invalidate the compromise
 IV. Labor Organization: Registration and Cancellation

Labor Organization
- Union or association for the purpose of CBA
- Not necessarily a union but serves as a means of employee-employer interaction

Union
- Labor organization in the ​private sector ​for CBA

Collective Bargaining vs. Dealing with the Employer

- CBA, right acquired by a labor org after registering with DOLE
- Dealing with the employer, generic description of interaction between the employer and
the employee

Classification of Labor Orgs

- National:​ at least 10 local chapters
- Industry: ​labor org operating within an identified industry
- Alliance: ​aggregation of unions, cannot represent members in CBA negotiations

- Independent: ​they registered (names of members at least 20% of bargaining unit. 20%
pertains to when it was registered)
- Chapter: ​created by a federation

Grounds to Cancel a Union

- Falsehood @ by-laws
- Falsehood @ election officers
- Voluntary dissolution

Registration
- After labor org submits documents Bureau of Labor relations checks compliance

Bargaining Unit
- Group of employees sharing mutual interest within a given employer unit
- Ex. teaching unit, non-teaching unit
- Members should share common concerns and interests

II Rights and Conditions of Members

- No excessive fees
- Members of unions can elect their own officers
- Determine policy through secret ballot
 - Subversives cannot be members
- Convicted of moral turpitude cannot be an officer
- Income must be evidenced by a record showing its source

NOTE: ​membership does not mean they’re included in the CBA

Election of Union Officers

- Secret ballot
- No qualifications for candidacy except good standing
- Every member in good standing can vote
- Union officer must be an employee

Consequence of Violation of Rights

- Cancellation of union registration / expulsion of culpable officers
- However 30% of members needed to report the violation. UNLESS it affects only 1 or 2
people then they can go ahead and make the report as well

Check-Offs and Assessments

- A method of deducting from an employee’s pay at prescribed periods, the amounts due
the union fees, fines, or assessments.
- The payments must be regular, periodic, and uniform
- Only for mandatory activities, no special assessment, atty. fees, negotiation fees

Requisites to Collect Special Assessments

- Authorization by a written resolution of majority of all the members
- Secretary’s record of the minutes of the meeting
- Individual written authorization for check-off signed by the employee

NOTE:​ Authorization must stem from free consent

Check-off of Agency Fee (Non-Union Members)

- Deduction from employee’s wage. Here, it’s called an agency fee since the union is his
agent. He’s not a member but he benefits from the CBA.

NOTE:​ DOLE has jurisdiction over these fees

Rights of Legitimate Labor Organizations

- Represent its members for the purpose of CBA

- Ask for financial statement of the company
- Own property
 - Sue and be sued
- Do activities that benefits the wellbeing of the organization

Compromise
- Binding upon the minority
- Exception:​ individual claims

Coverage of Employees Rights to Self-Organize

- Everyone
- Even self-employed people, rural workers, those without definite employers
- CBA is not the point, it’s more to protect their members

Exception:
- Members of co-op, association not union (owner-member, they have a fused
personality compared to corporations who have separate personalities)
- Govt. Employees
- Religious objectors

Govt. Employees
- They can organize and negotiate but not strike - because public service is affected
- But a part of the book says they can strike in accordance with law (?)

- Policemen, firemen, jail guards -​ CANNOT UNIONIZE

Employees
- Rank-and-file: ​ordinary
- Managerial: ​makes policies
- Supervisory: ​power to recommend

- Secretary:​ confidential, rank-and-file but can’t join rank-and-file union

- Confidential:​ not part of union / CBA. Must be confidential in relation to labor-relations