Labor Relations Reviewer Morillo PDF
Labor Relations Reviewer Morillo PDF
Labor Relations Reviewer Morillo PDF
Divisions?
Title II A: Of the 8 Divisions, the First, Second, Third, Forth, Fifth
NATIONAL LABOR RELATIONS COMMISSION and Sixth Divisions shall have exclusive territorial
(Arts 220 [formerly 213] to 231 [formerly 225] jurisdiction over appealed cases coming from Luzon;
the Seventh Division, appealed cases from the
Chapter 1 Visayas Region; and the Eighth Division, appealed
Creation and Composition of the NLRC cases from Mindanao including those from the
(Arts. 220 [formerly 214] to 223 [formerly 216) Autonomous Region for Muslim Mindanao (ARMM).
[Rule VII, Sec. 2(c), 2011 NLRC Rules of
National Labor Relations Commission Procedure].
(Art. 220 [formerly 213])
Q: What the function of the Chairman?
Q: What is the composition for the NLRC? A: The Chairman shall:
A: Unless otherwise provided by law, the Commission (a) Preside over all sessions of the Commission
(NLRC) En Banc;
(NLRC) shall be composed of the Chairman and 23
(b) Be the Presiding Commission of the First Division;
Commissioners. [Rule VII, Sec. 2(a), 2011 NLRC
and
Rules of Procedures].
(c) Aided by the Executive Clerk of the Commission
(NLRC), The Chairman shall have administrative
Q: What is the function of the NLRC En Banc?
supervision over the Commission (NLRC) and its
A: The Commission (NLRC) shall sit En Banc only for
Regional Arbitration Branches and all its
purposes of the following:
personnel inkling the Executive Labor Arbiters and
1. Promulgating rules and regulations governing the
Labor Arbiters.
hearing and disposition of cases before its
[Rule VII, Sec. 3, 2011 NLRC Rules of
Divisions and Regional Arbitration Branches; and
Procedures]
2. For the formulation of policies affecting its
administration and operations;
Q: In the absence or incapacity of the Chairman, who
[Rule VII, Sec. 2(b), 2011 NLRC Rules of
shall be the Acting Chairman?
Procedure]
A: In case of the effective absence or incapacity of the
Chairman, the Presiding Commissioner of the Second
Q: May a case of any NLRC Division be heard by
Division shall be the Acting Chairman. [Rule VII, Sec.
another Division?
3, 2011 NLRC Rules of Procedures]
A: Yes, the NLRC En Banc may allow cases within the
jurisdiction of any Division to be heard by another
Division as long as: Q: When the Commission En Banc Session be
(a) It is on a temporary and emergency basis; conducted?
(b) The dockets of the Division allows the additional A: The Chairman shall call the Commission En Banc
workload; and session at least twice a year, preferably on the first
(c) The transfer will not expose litigants to week of June and the first week of December, to
unnecessary additional expenses. deliberate and decide on any matters which need
[Rule VII, Sec. 2(b), 2011 NLRC Rules of immediate action. However, a majority of all the
members of the Commission may call a Special En
Procedure]
Banc session to discuss and decide on urgent and
vital matters which need immediate action. [Rule VII,
Sec. 4(a), 2011 NLRC Rules of Procedure].
Q: What is the purpose of the NLRC Division?
A: Unless otherwise provided by law, the Commission
(NLRC) shall exercise its adjudicatory and all other Q: What constitutes a quorum in the Commission?
powers, functions and duties through its 8 Divisions. A: The presence of a majority of all members of the
[Rule VII, Sec. 2(c), 2011 NLRC Rules of Commission shall be necessary to constitute a
quorum. {Rule VII, 4(c), 2011 NLRC Rules of
Procedure].
Procedure].
Q: What is the composition of the NLRC Division?
A: Each Division shall consist of 1 member from the Q: What is the effect of establishing a quorum in the
public sector who shall act as the Presiding Commission?
Commissioner and 1 member each from the workers A: The vote or concurrence of the majority of the
and employers sectors, respectively. [Rule VII, Sec. members constituting a quorum shall be the decision
2(c), 2011 NLRC Rules of Procedure]. or resolution of the Commission En Banc. {Rule VII,
4(c), 2011 NLRC Rules of Procedure].
1
(Art. 222 [formerly 215]
Q: What constitutes a quorum in the Division?
A: The presence of at least 2 Commissioners of a Q: What are the qualifications of the Chairman and
Division shall constitute quorum. {Rule VII, 4(c), 2011 other Commissioners?
NLRC Rules of Procedure]. A: The Chairman and other Commissioners shall be:
1. Members of the Philippine Bar;
Q: What is the effect of establishing a quorum in the 2. Must have been engaged in the practice of law in
Division? the Philippines for at least 15 years, with at least 5
A: The concurrence of 2 Commissioners of a Division years experience or exposure in the field of labor-
shall be necessary for the pronouncement of a management relations, and shall preferably be
judgment or resolution. {Rule VII, 4(c), 2011 NLRC residents of the region where they shall hold
Rules of Procedure]. office.
[Art. 222 (formerly 215]
Q: What is the remedy whenever membership in a
Division is not complete and/or the concurrence of Q: What are the qualifications of the Labor Arbiters?
2 Commissioners cannot be obtained to arrive at a A: The Labor Arbiters shall likewise be:
judgment or resolution? 1. Members of the Philippines Bar;
A: The Chairman shall designate such number of 2. Must have been engaged in the practice of law in
additional Commissioners belonging to the same the Philippines for at least 10 years, with at least 5
sector from the other Divisions as may be necessary. years experience or exposure in the field of labor-
In the event that all the members of a division inhibit management relations, and shall preferably be
themselves from resolving a case, the Chairman may residents of the region where they shall hold
create a Special Division or assign the case to any of office.
the other Divisions. {Rule VII, 4(c), 2011 NLRC Rules [Art. 222 (formerly 215]
of Procedure].
Q: How long is the Tenure of the Chairman, Other
Q: What the Role of the Chairman in the Division? Commissioners and Labor Arbiters?
A: The Chairman of the Commission may convene and A: They shall hold office during good behavior until they
preside over the session of any Division to consider reach the age of 65 years, unless sooner removed for
any case pending before it and participate in its caused as provided by law or become incapacitated
deliberation, if in his judgment, his presence therein to discharge the duties of their office; Provided,
will best serve the interests of labor justice. {Rule VII, however, That the President of the Republic of the
4(d), 2011 NLRC Rules of Procedure]. Philippines may extend the services of the
Commissioners and Labor Arbiters up to the
Q: What is the exception to the role of the Chairman maximum age of 70 years upon the recommendation
in the Division? of the Commission En Banc. [Art. 222 (formerly 215]
A: The Chairman shall not participate in the voting by the
Division, except when he is acting as a Presiding Q: Who appoints the Chairman, the Division Presiding
Commissioner of the Division in the absence of the Commissioners and other Commissioners?
regular Presiding Commissioner. {Rule VII, 4(d), 2011 A: They are all appointed by the President. [Sec. 2, RA.
NLRC Rules of Procedure]. 10741]
4
regular courts of justice in the exercise of their civil Ines, Inc. (GR no. L-38088, August 30, 1974) the
and criminal jurisdiction. [Pepsi Cola Distributors of such dismissal is grounded on the manner of his
the Phils, Inc vs. Galang, GR. No. 89621, dismissal and the consequent effects of such
September 24, 1991] dismissal. If the dismissal was done anti-socially or
oppressively, the employer violated Art. 1707 of the
Q: How do you determine whether a case falls under Civil Code which prohibits such acts of oppression by
the jurisdiction of the regular courts or labor either capital or labor against the other, as well as Art.
courts? 21 of the Civil Codw, which makes a person liable for
A: Several jurisprudence explained that a case shall fall damages if he willfully causes loss or injury to another
under the jurisdiction of the regular courts if the claim in a manner that is contrary to morals, good customs
for damages is the natural consequences flowing from or public policy. Likewise, it should be noted that the
the breach of an obligation which is intrinsically or primary relief sought by the employee is for liquidated
inherently civil in nature. [Quisaba vs. Sta. Ines damages for breach of contractual obligations. Also,
Melale (GR no. L-38088, August 30, 1974]. A labor the other items demanded are not labor benefits
arbiter may only take cognizance of a case and award generally demand by workers in a labor dispute such
damages where the claim for such damages arises as payment of wages, overtime compensation or
out of an employer-employee relationship. [Art. separation pay. Therefore, the items claimed are the
224(a) [formerly 217(a), LCP] natural consequences flowing from the breach of an
obligation which is intrinsically a civil dispute. Hence,
Q: When an employer terminated his employee due to the instant case does not fall under the jurisdiction of
abandonment and the employee filed a complaint the Labor Arbiter but on the regular courts.
against them before the Labor Arbiter, can they file
a motion to dismiss due to lack of jurisdiction of Q: When a principal relief is to be granted under the
the Labor Arbiter to hear the case? Labor legislation or CBA, does it fall with the
A: YES, The Employer can file a motion to dismiss the jurisdiction of the Labor Courts?
case due to lack of jurisdiction. In the case of A: YES, If a principal relief is to be granted under Labor
Singapore Airlines vs. Paño (GR no. L-47739, June legislation or a collective bargaining agreement, the
22, 1983), the SC differentiated between case should fall within the jurisdiction of the Labor
abandonment per se and the manner and consequent Arbiter and the NLRC, even though a claim for
the manner and consequent effect of such damages might be asserted as an incident to such
abandonment. The former is a labor case while the claim. In such situations, the need to avoid splitting of
latter is a civil case. When an employer’s claim for jurisdiction arises. [Filipinas Life Assurance Co., Inc.
damages is grounded on the “Wanton failure and vs. Bleza, 139 SCRA 565 & San Miguel Corp. vs.
refusal” without just cause of the employee to report NLRC, GR no. 80774, May 31, 1988]
for duty despite repeated notices served upon him of
the disapproval of his application for leave of absence Q: How should the “arising from the employer-
without pay. This, coupled with a further averment employee relations” clause under Art. 224
that the employee “maliciously and with bad faith” (formerly 217) be applied?
violated the terms and conditions of the employment A: It should apply with equal force to the claim of an
agreement to the damage of the employer makes this employer for acual damages against its dismissed
circumstances falls within the purview of the Civil Law employee, where the basis for the claim arises from or
and not the Labor Code. Therefore, the complaint was is necessarily connected with the fact of termination,
anchored was anchored on the manner and and should be entered as a counterclaim in the illegal
consequent effects of such abandonment of work dismissal case. [Portillo vs. Rudolf Lietz, Inc. (GR
translated in terms of damages which the employer no. 196539, October 10, 2012].
suffered. It cannot be held to be due to abandonment
per se by the employee of his job because he was not Q: When a claim for damages is based on tort, does
required in the Complaint to report back. Hence, the the Labor Arbiter have jurisdiction to hear and
case falls under the jurisdiction of our regular courts decide over it?
and not under the Labor Arbiters. A: NO, jurisprudence dictates that regular courts has
jurisdiction wherein the claim for damages is based on
Q: When an employee is dismissed from his work, tort or malicious prosecution or of the breach of
however he does ask for a reinstatement or contract, as when the claimant seeks to recovery a
backwages, does the case falls under the debt from a former employee or seeks liquidated
jurisdiction of the Labor Arbiter? damages in enforcement of a prior employment
A: NO, the case does not fall under the jurisdiction of the contract. It should be noted that the cause of action
Labor Arbiter but under the jurisdiction of the regular for damages where the employer-employee
courts. The SC held in the case of Quisaba vs. Sta. relationship is incidental and the cause of action
5
proceeds from a different source of the obligation. (a) President;
[Portillo vs. Rudolf Lietz, Inc. (GR no. 196539, (b) Secretary;
October 10, 2012]. (c) Treasurer; and
(d) Such other officers as may be provided for in the
Q: What is the jurisdiction of the Labor Arbiter to (company) by-laws.
award reliefs under the Civil Code?
A: Pursuant to Art. 224(a) [formerly 217(a)] of the Labor Q: Does the Labor Arbiter have jurisdiction over
Code, it bestows upon the Labor Arbiter original and dismissal of a General Manager?
exclusive jurisdiction over claims for damages arising A: It depends, According to the case of Marc II
from employer-employee relations. In other words, the Marketing Inc vs. Joson (GR no. 171993, December
Labor Arbiter has jurisdiction to award not only the 12, 2011), the SC ruled that corporate officers are
reliefs provided by labor laws, but also damages those officers of a corporation who are given
governed by the Civil Code. [Portillo vs. Rudolf Lietz, character either by the Corporation Code, under Sec.
Inc. (GR no. 196539, October 10, 2012]. 25 thereof, or by the Corporations by-laws.
Conformity with Section 25 of the Corp. Code, a
Q: If the claim for the principal relief is essential, does position must be expressly mentioned in the by-laws
it fall within the jurisdiction of the Labor Arbiters? on order to be considered as a corporate officer. A
A: It depends, where the principle relief is to be granted careful perusal of petitioner corporations by-laws
under labor legislation or a collective bargaining revealed that the position of general manager was not
agreement, the case should fall within the jurisdiction among the enumerated positions considered as a
of the Labor Arbiter and the NLRC, even though a corporate officer. Therefore, the labor arbiter have
claim for damages might be asserted as an incidental jurisdiction over its dismissal case.
to such claim. [Filipinas Life Assurance Co., Inc. vs.
Bleza, 139 SCRA 563 (1985)]. Figure no. ____, Test on whether a GOCC employees
is covered by the Labor Courts or Regular Courts
Q: What distinguishes a claim for damages that falls Test on Whether a Government Owned or Controlled
under the jurisdiction of the Labor Arbiters and of Corporation (GOCC) employees is subjected to Civil
those under the regular courts? Service Law or the Labor Code:
A: Jurisdiction of the Labor Arbiters, under Art. 217
“arising from the employer-employee relations, should GOCC
Creation
apply with equal force to the claim of an employer for
actual damages against its dismissed employee,
where the basis for the claim arises from or is
necessarily connected with the fact of termination,
and should be entered as a counterclaim in the illegal Charter?
dismissal case. On the other hand, jurisdiction of the
regular courts applies where employer-employee
relationship is merely incidental and the cause of
action proceeds from a different source of obligation.
Therefore, regular courts has jurisdiction if the claim Original
or
Under
Corp.
for damages is based on; (a) tort; (b) malicious Special
Code
prosecution; or (c) breach of contract. [Portillo vs.
Rudolf, GR no. 196539, October 10, 2012]
6
Code. In TUPAS vs. NHC (173 SCRA 33), it was held A: It relates to the commission of acts that transgress the
that the NHA is now within the jurisdiction of the workers’ right to organize. Furthermore, the prohibited
DOLE, it being a G.O.C.C. without an original charter. acts must necessarily relate to workers’ right to self-
Hence, its workers or employers are covered by the organization and observance of CBA. [Tunay na
labor code. [Juco vs. NLRC (GR no. 98107, August Pagkakaisa ng Manggagawa sa Asia Brewery vs. Asia
18, 1997)]. Brewery, Inc. (GR no. 162025, August 3, 2010).
Q: Is the Philippine Veterans Bank a private Q: What are aspects of Unfair Labor Practices that
corporation, if so, are its employees covered by are within the jurisdiction of the Labor Arbiter?
the Labor Code? A: The civil and administrative aspect of the ULP is within
A: YES, the Philippine Veterans Bank is not owned or the jurisdiction of the Labor Arbiters under Art. 258 of
controlled by the Government although it does have the Labor Code. The said article further provides that
an original charter in the form of RA 3518 which the civil aspects includes claims for actual, moral,
provides that the “operations and changes in the exemplary and other forms of damages, attorney’s
capital structure of the Veterans Bank, as well as the fees and other affirmative relief.
other amendments to its articles of incorporation and
by-laws shall be in accordance with the Corporation Q: What are other quasi-judicial body which exercise
Code, the General Banking Act, and other related jurisdiction over ULP cases?
laws”. It (Philippine Veterans Bank) clearly does not A: The following are the exceptions the LA’s jurisdiction
fall under the Civil Service and should be regarded as over ULP cases:
an ordinary commercial corporation. [Philippine (a) Voluntary Arbitrator or VA Panels can exercise
Veterans Bank Employees Union-NUBE vs. jurisdiction to hear and decide all other labor
Philippine Veterans Bank (GR no. 67125, August disputes, including ULP, upon agreement of the
24, 1990)]. parties (Art. 275 former 262); and
(b) Those cases (which may refer to ULP) that are
Q: Is a government subsidiary company falls under subsumed or absorbed in national interests cases
the coverage of the corporation, if so, are its via Assumption of Jurisdiction by the Secretary of
employees covered by the Labor Code? Labor or by the President of the Philippines. (Art.
A: YES, in the case of National Service Corporation vs. 278(g) [263(g)]
NLRC (GR no. 69870, November 29, 1988), NASECO
(a subsidiary of NDIC), which is a subsidiary wholly Jurisdiction of Labor Arbiter
owned by the PNB, the SC held that the NLRC has over Termination Dispute:
jurisdiction over the employees of NASECO because [Art. 224(a-2) [former 217(a-2)]
it is without an original charter, therefore its
employees are subjected to the provisions of the Q: What is a termination dispute?
Labor Code. A: It refers to the dismissal from employment, the legality
of which is being contested by an employee. The
Q: Who are employees that are immune from suit dismissal may be permanent severance or complete
before the jurisdiction of the Labor Arbiters? separation of the worker from the service on the
A: The following are immune from suits: initiative of the employer regardless of the reasons
1. Employees of certain international organizations; therefor. [Jo Cinema Corporation vs. Abellana (GR
2. Employees of ADB [DFA vs. NLRC (GR no. no. 132837, June 28, 2001)].
113191, Sept. 18, 1996]); and
3. Agents or representative of the UN. Q: What are the exceptions for Labor Arbiters to have
jurisdiction over termination dispute?
Jurisdiction of Labor Arbiter over A: These are the following:
Unfair Labor Practices Cases 1. Jurisdiction over other labor disputes of the
[Art. 224(a-1) [former 217(a-1)] voluntary arbiter or panel of voluntary arbiters
upon agreement of the parties under Art. 275
Note: See the discussion on Title VI, Book V for (262) of the Labor Code;
further explanation. 2. Those cases (which may refer to termination
disputes) that are submitted or absorbed I
Q: What is Unfair Labor Practice? national interests cases (known as the
A: This refers to any unfair labor practices as expressly assumption of jurisdiction of the SOLE or
defined by the Code. Furthermore, this refers to those President) under Art. 278 (g) (263(g)) of the Labor
acts that are expressly defined and provided under Code.
Art. 259 and 260 of the Labor Code.
Q: What is the essence of Unfair Labor Practices?
7
Q: Is a termination dispute a grievable issue that can
be resolved by the Voluntary Arbiter? Q: What is Art. 279 (former 264)?
A: As a rule, termination dispute falls under the original A: This article pertains to prohibited activities conducted
and exclusive jurisdiction of the Labor Arbiter. by the parties during strike or lockout.
However, Art. 225(c) (former 217(c)), the opening
phrase provides “Except as provided under this Code [See discussions on Title VIII, Chapter 1, Art. 279, LCP
x x x “ should be read in conjunction with Art. 274 for further explanations]
(former 261) of the Labor Code which grants to
voluntary arbitrators original and exclusive jurisdiction Q: What are strikes or lockouts that falls under the
to hear and decide all unresolved grievances arising original and exclusive jurisdiction of the Labor
from the interpretation or implementation of the CBA Arbiter?
and those arising from the interpretation and A: The strikes and lockouts here are those not involving
enforcement of company personnel services. strikes or lockouts in industries which are
[Maneja vs. NLRC (GR no. 124013, June 5, 1998] indispensable to national interest (which follows the
Assumption of Jurisdiction of the DOLE Secretary) or
Money claims within the original and the national interest cases under Art. 278(g) [former
exclusive jurisdiction of labor arbiters 263(g)] LCP.
[Art. 224(a-3 & a-6) [former 217(a-3 & a-6)]
Wage distortion disputes
Q: What are money claims that are within the in unorganized establishments
jurisdiction of the Labor Arbiter?
A: These are the following: Q: Who has jurisdiction to resolve wage distortion
1. Money claims arising from employer-employee disputes when there is no CBA or recognized labor
relations; union?
2. Money claims filed by workers involving wages, A: In cases where there are no CBA or recognized labor
rates of pay, hours of work and other terms and union, the employers and workers shall endeavor to
conditions of employment, if accompanied with a correct such distortions. Any dispute arising therefrom
claim for reinstatement; shall be settled through the NCMB, and if it remains
3. Money claim exceeding Php 5,000.00 regardless unresolved after 10 calendar days of conciliation, it
whether accompanied with a claim for shall be referred to the appropriate branch of the
reinstatement or it arising out of an illegal NLRC. [Art. 124, par.5, LCP]
dismissal case; and
4. Money claims under Sec. 10 of the Migrant Proceedings before the Labor Arbiter
Workers Act (RA 80042, amended by RA 10022),
the claims arising out of: Q: What the nature of the proceedings in cases
a. An employer-employee relationship; or before the Labor Arbiter?
b. By virtue of any law; or A: The proceedings are non-litigious in nature that the
c. Contract involving Filipino workers for technicalities of law, procedure and the rules of courts
overseas employment; are not strictly applied, provided that it complies to
d. Including claims for actual, moral, the requirements of due process. The Labor Arbiter
exemplary and other forms of damages. may avail himself all the reasonable means to
ascertain the facts of the controversy speedily,
Claims for Damages including ocular inspection and examination of well-
[Art. 224(a-4) (former 217(a-4)] informed person. [Rule V, sec. 2, NLRC Rules of
Procedure]
Q: What covers claims for damages under the original
and exclusive jurisdiction of the Labor Arbiter? Q: What are prohibited pleadings and motions before
A: The aforesaid article (224[a-4]) clearly pertains to the Labor Arbiter?
claims for damages arising from employer-employee A: The following pleadings and motions shall not be
relations. Moreover, the Labor Arbiter has jurisdiction allowed and acted upon nor elevated to the NLRC:
to award not only the reliefs provided by labor laws, (a) Motion to dismiss (EXPN: ground is for lack of
but also damages governed by the Civil Code. jurisdiction over the subject matter, improper
[Portillo vs. Rudolf Lietz, Inc. (GR no.196539, venue, res judicata, prescription and forum
October 10, 2012] shopping)
(b) Motion for a bill of particulars;
Violations of Art. 279 (former 264), (c) Motion for new trial;
Involving legality of strikes and lockouts (d) Petition for relief of judgment;
[Art. 224(a-5) (former 217 (a-5)] (e) Motion to declare respondent in default;
8
(f) Motion for reconsideration of any decision or acquire jurisdiction over of the said respondents.
order of the Labor Arbiter; [Rule V, Sec. 11, NLRC Rules of Procedure]
(g) Appeal from any interlocutory order of the Labor
Arbiter, such as but not limited to; an order: Figure no: ___, Nature of the proceedings before the
a. Denying a motion to dismiss; LA:
b. Denying a motion to inhibit;
c. Denying a motion for issuance of writ of
execution; or
Filing
of
a
Compliant/Petition
d. Denying a motion to quash writ of Filing
should
be
before
the
NLRC
in
the
region
or
area
After
Niling,
both
parties
are
schedule
for
2
SEnA
execution where
the
company
operates
conference
(mandatory
conciliation
&
mediation)
9
Q: What is the scope of the rule-making power of the Q: What constitutes Direct Contempt?
NLRC? A: The following constitutes direct contempt:
A: To promulgate rules and regulations governing: (a) A person guilty of misbehavior in the presence of
(1) The hearing and the disposition of the cases so or near the Chairman or any member of the
before it and its regional branches; Commission or any Labor Arbiter as to obstructs
(2) As well as those pertaining to its internal or interrupts the proceedings before the same;
functions; and (b) Disrespect toward said officials, offensive
(3) Such rules and regulations as may be necessary personalities toward others, or refusal to be
to carry out the purpose of this Code. sworn, or to answer as a witness or to subscribe
an affidavit or deposition when lawfully required
Power to issue compulsory processes to do so.
[Art. 225(b) (formerly Art. 218(b)]
Q: What is the penalty provided for direct contempt?
Q: What is the scope of the NLRC’s power to issue A: These are the following:
compulsory processes? • If committed before the Commission or a
A: These are the followings: member thereof à A fine not exceeding (Php
(a) To administer oaths; 500.00) or imprisonment not exceeding 5 days, or
(b) Summon the parties in the controversy; both.
(c) Issue subpoenas requiring the attendance and • If committed before the Labor Arbiter à A fine
testimonies of witnesses; or not exceeding Php 100.00 or imprisonment not
(d) Issue subpeonas requiring the production of exceeding 1 day, or both.
documents
Q: What is the remedy of the person subject to direct
Power to investigate matters and hear disputes contempt adjudged by the Labor Arbiter?
within its jurisdiction A: He may appeal to the Commissioner and the
[Art. 225(c) (formerly Art. 218(b)] execution of the judgment shall be suspended
pending the resolution of the appeal upon the filing
Q: What is the scope of the NLRC’s power to upon the filing by such person of a bond on condition
investigate matters and hear disputes within its that he will abide by and perform the judgment of the
jurisdiction? Commission should the appeal be decided against
A: These are the followings: him.
(1) To conduct investigation for the determination of
a question, matter or controversy wuthin its Q: What is the effect of NLRC’s judgment on direct
juridiction; contempt?
(2) Proceed to hear and determine the disputes in the A: Judgment of the Commission on direct contempt is
absence of any party thereto who has been immediately final, executory and unappealable.
summoned or served with notice to appear;
(3) Conduct its proceedings or any party thereof in Q: Who renders judgment on Indirect Contempt?
public or in private; A: Indirect contempt shall be dealth with by the
(4) Adjourns its hearing to any time and place; Commissioner or the Labor Arbiter in the manner
(5) Refer technical matters or accounts to an expert prescribed under Rule 71 of the Revised Rules of
and to accept his reports as evidence after Court.
hearing of the parties upon due notice;
(6) Direct parties to be joined in or excluded from the Power to issue injunction and
proceedings; temporary restraining order
(7) Correct,amend, or waive any error, defect or [Art. 225(e) (formerly Art. 218(e)]
irregularity whether in substance or in form;
(8) Give all such direction as it may deem necessary Q: What are the kinds of injunction that the NLRC
or expedient in the determination of the dispute issues?
before it; and A: These are the following:
(9) Dismiss any matter or refrain from futher hearing (a) Temporary/Permanent Prohibitory Injunction
or from determining the dispute or part thereof, (b) Temporary/Permanent Mandatory Injunction
where it is trivial or where further proceedings by
the Commission are not necessary or desirable. Q: What is the purpose of issuing a
Temporary/Permanent Prohibitory Injunction?
Power of (direct or indirect Contempt A: To enjoin or restrain any actual or threatened
[Art. 225(d) (formerly Art. 218(d)] commission of any or all prohibited or unlawful acts
which, if not restrained may cause grave or irreparable
10
damage to any party or render ineefectual any A: At any time during working hours an ocular inspection
decision in favor of such party. can be conducted.
Q: What is the purpose of issuing a Q: Where can the Ocular Inspection be conducted?
Temporary/Permanent Mandatory Injunction? A: It can be conducted on any establishment, building,
A: To require the performance of a particular act in any ship or vessel, place or premises, including any work,
labor dispute which, if not performed forthwith, may material, implement, machinery, appliance or any
cause grave or irreparable damage to any party or object therein,and ask any employee, laborer, or any
render ineffectual any decision in favor of such party. person, as the case may be, for any information or
data concerning any matter or question relative to the
Q: What are the requisites for the issuance of object of the investigation.
temporary or permanent injunction?
A: These are the following: Technical Rules not Binding and Prior Resort to
(1) After hearing the testimonies of witnesses, with Amicable Settlement
opportunity for cross-examination, in support of [Art. 227 (formerly 221)]
the allegations of a complaint made under oath,
and testimony in opposition thereto (if offered); Q: In a labor proceeding, can the technical rules of
and evidence being practiced and applied in ordinary
(2) After a finding of fact by the Commissioner, to the courts be strictly applied in the proceedings
effect: before the NLRC?
a. That prohibited or unlawful acts have been A: NO, in any proceedings before the NLRC or any of the
threatened and will be committed and will be Labor Arbiters, the rules of evidence prevailing in
continued unless restrained, but no injunction courts of law or equity shall not be controlling. The
or temporary restraining order shall be issued NLRC and the Las shall use every and all reasonable
on account of any threat, prohibited or means to ascertain the facts in each case speedily
unlawful act, except against the person/s, and objectively and without regard to technicalities of
association or organization making the threat law or procedure, all in the interest of due process.
or committing the prohibited or unlawful act
or actually authorizing or ratifying the same Q: Does the NLRC Commissioner or Labor Arbiter
after actual knowledge thereof; has complete control in every labor proceedings?
b. That substantial and irreparable injury to A: YES, In any proceeding before the NLRC or Las, the
complainant’s propoerty will follow; parties may be represented by legal counsel but it
c. That as to each item or relief to be granted, shall be duty of the Chairman, Presiding
greater injury will be inflicted upon Commissioner or LA t exercise complete control of
complainant by the denial of relief than will be the proceedings at all stages.
inflicted upon defendants by the granting of
relief; Q: Is the non-applicability of technical rules violates
d. That complainant has no adequate remedy at the rights of the employer against unreasonable or
law; and unjustified claims?
e. That the public officers charged with the duty A: NO, The Las and the NLRC are mandated to use every
to protect complainant’s property are unable and all reasonable means to ascertain the facts in
or unwilling to furnish adequate protection. each case speedily and objectively, without to
technicalities of the law or procedure. Nevertheless,
Q: What is the effectivity of TRO? though technical rules of procedure are not ends in
A: Not longer than 20 days. themselves, they are necessary for an effective and
expeditious administration of justice. The non-
Ocular Inspection applicability if technical rules of procedure in labor
[Art. 226 (formerly 219)] cases should be made a license to disregard the
rights of employers against unreasonable and/or
Q: Who conducts the ocular inspection? unjustified claims. The expeditious disposition of labor
A: These are the following persons: cases is andated not only for the benefit of the
(a) The Chairman; employees, but of the employers as well. [Azuelo vs.
(b) Any Commissioner; ZAMECO II (GR no. 192573, October 22, 2014)]
(c) Any Labor Arbiter; or
(d) Any duly authorized represetives thereof Q: Are handwritten listings, unsigned and
unauthenticated computer printouts admissible as
Q: When is the Ocular Inspection conducted? evidence before any labor courts?
11
A: NO, A handwritten listing and unsigned computer person/s he represent are
members of their org.
printouts were unauthenticated, hence, unreliable.
which is existing in the
Mere self-serving evidence (of which the listings and emplooyer’s establishment.
printouts are of that nature) shouled be rejected as Legal Aid Member 1. Proof of his accreditation;
evidence without any rational probative value even and
administrative proceedings. While the rules of 2. Represents a party to the
case
evidence prevailing in the courts of law or equity are 1. Verified certification
Company Owner,
not controlling in proceedings before the NLRC, the attesting that he is
President, or
evidence presented before it must have at least have authorized to represent;
Authorized and
a modicum of adminissibility for it to be given some
representatives 2. Copy of the board
probative value. [PLDT Company vs. Tiamson (GR resolution granting him
no. 164684-85, November 11, 2005)] such authority.
13
mishandling, misappropriation or non-accounting
of funds in violation of Art. 250 (241) shall be Q: What is a “Intra-Union Dispute”?
treated as an intra-union dispute. It shall be heard A: It refers to any conflict between and among union
and resolved by the Med-Arbiter. members, including grievances arising from any
violation of the rights and conditions of membership,
Table no. ____, Jurisidictional Authority of Regional violations of or disagreement over any provision of the
Directors and BLR on inter/intra union and union’s constitution and by-laws, or disputes arising
registration related cases: from chartering pr affiliation of union. [Sec. 1(cc), Rule
Jurisdictional Authority 1, Book V, LCP-IRR]
Regional Directors Bureau of
Labor Relations Q: What covers Inter/Intra union disputes?
Inter/Intra Complaints or Complaints or A: Inter/Intra Union disputes includes:
Union petitions involving petitions involving (a) Cancellation of registraton of a labor organization
federations, national
Disputes labor unions with filed by its members or by another labor
or industry unions,
independent organization;
trade union centers
registrations, charted and their chartered (b) Condict of election of union and workers’
locals, workers’ locals, affiliates or association officers/nullification of election of
associations, its members
union and workers’ associatio officers;
officers or members organizations
(c) Audit/accounts examination of union or workers’
Disputes over • Terms of the officer of Federations,
the labor organization association funds;
conduct of national or
have expired and its (d) Deregistration of collective bargaining
election of officers failed or industrial unions,
agreements;
officers neglecteed to do so trade union
(e) Validity/invalidity of union affiliation or
call for an election of centers
new officers; disaffiliation;
• Labor organization’s (f) Validity/invalidity of acceptance/non-acceptance
constitution and by- for union membership;
laws do not provide for
the manner by which (g) Validity/invalidity of SEBA Certification;
the said election can (h) Oppositions of disagreements over any provision
be called or conducted in a union or workers’ association constitution
and the intervention of and by-laws;
DOLE is necessary
(i) Disagreements over chartering or registration of
• Requirement to file
the petition: At least
labor organizations and CBAs;
30% of themembers (j) Violaitons of the rights andconditions of union or
of the labor workers’ association membership;
organization (k) Such other disputes or conflicts involving the
Request for
Visitorial Request for rights to self-organization, union membership and
Powers examination of examination of
collective bargaining:
books of accounts
(under Art. books of accounts
of federations or
a. Between and amoing legitimate labor
289, LCP)of independent organizations;
national unions
labor unions, b. Between and among members of a union
and trade union
chartered locals centers. or workers’ association
and workers’
associations Q: What covers “other related labor relations
Registration of Labor Organization disputes”?
Application • independent labor • Federations, A: it shall includes the following:
for unions, • national or (a) Any conflict between:
registration • chartered locals industrial a. A labor union and the employer; or
Cancellation and unions, b. A labor union and a group that is not a
of • workers’ • trade union labor organization; or
Registration associations centers c. A labor union and an individual who is not
Deregistration a member of such union
(b) Cancellation of registration of unions and workers
Q: What is a “Inter-Union Dispute”? association filed by individual/s other than its
A: It is any conflict between and among legitimate labor members, or group that is not a labor
unions involving representation questions for organization; and
purposes of collective bargaining or to any other (c) A petition for interpleader involving labor relations.
conflict or dispute between legitimate labor unions.
[Sec. 1 (y), Rule 1, Book V, LCP-IRR] Compromise Agreements
14
[Art. 233 (former 227)] employmentissues through a 30-day mandatory and
conciliation-mediation. [Sec. 4(k), DOLE Dept. Order
Q: What is a compromised agreement? no. 151-15]
A: It is a contract whereby a parties, by making a
reciprocal concessions, avoid a litigation or put an Q: What is the purpose of SEnA?
end to one already commenced. It is a greement by A: It is to reconcile and settle the parties before their
two or more persons, who, for preventing or putting dispute shall ripen into a full blown case.
an end to a lawsuit, adjust their difficulties by mutual
consent in the manner which they agree on, and Q: What are issues the are not subject to the 30-day
which everyone of them prefers to the hope of mandatory conciliation-mediation (SEnA)?
gaining, balanced by the danger of losing. [David vs. A: These are the following issues:
CA (GR no. 97240, October 16, 1992)] (a) Notices of Strikes/Lockouts or preventive
mediation cases with the NCMB;
Q: What is the effect of a compromised agreement? (b) Interpretation or implementation of the CBA and
A: It shall be final and binding upon the parties. company personnel policies which should be
processed through the grievance machinery;
Q: When can the Labor Arbiter assume jurisdiction (c) Applications for exemption from Wage Orders
over compromise agreement? with the NWPC;
A: When there is non-compliance by any of the parties, (d) Violations of:
the LA shall exclusive and original jurisdiction to hear a. Alien Employment Permit;
and decide on the enforcement of such compromise b. Private Employment Agency authority or
agreement. license;
c. Working Child Permits and violatons of the
Q: When can a compromise agreement be Anti-Child Labor Law;
considered valid? d. Registration under DO 174;
A: It must not be contrary to law, morals, good customs e. Professional license issued by the PRC and
and public policy; and must have been freely and violation of the Professional Code of
inteligently executed by and between the parties. Conduct;
Also, a compromise agreement is valid as long as the f. TESDA Accreditations; and
consideration is reasonable and the employee signed g. Other similar permits, licenses or
the waiver voluntarily, with a full understanding of registrations issued by the DOLE or its
what he was entering into. [Magbanua vs. Uy (497 attached agencies;
Phil. 511) and Eurotech Hair Systems vs. Go (532 (e) Violations of the POEA Rules and Regulations
Phil. 317)] involving:
a. Serious offenses and offenses penalized with
Q: What are the requisites for a valid quitclaim? cancellation of license;
A: The requisites are: b. Disciplinary ations against overseas
(1) The there is no fraud or deceit on the part of any workers/seafarers which are considered
of the parties; serious offenses or which carry the penalty
(2) That the consideration for the quitclaim is credible of delisting from the POEA registry at first
and reasonable; and offenses;
(3) That the contract is not contrary to law, public c. Complaints initiated by the POEA;complaints
order, public policy, morals or good customs or against the agency whose license is revoked,
prejudicial to a 3rd person with a right recognized cancelled, expired or otherwise delisted; and
by law. [PNB vs. Dalmacio (GR no. 202308, July d. Complaints categorized under the POEA
5, 2017)] Rules and Regulations as not subject to
SEnA
(f) Issues of occupational safety and health
Mandatory Conciliation and Endorsment of Cases
standards involving:
[Art. 234 (former 228)]
a. Imminent danger situation;
b. Dangerous occurrences/disabling injury; and
Note: Art. 234 of the Labor Code has been repealed
c. Absence of personal protective equipment
by RA 10396 and DOLE Dept. Order no. 151-15
known as SEnA (Single Entry Approach)
Issuance of Subpeonas
[Art. 235 (former 229)]
Q: What is the “Single Entry Approach” or SEnA?
A: It refers to the administrative approach to provide an
The BLR shall have the power to require the appearance
accessible, speedy, impartial and inexpensive
of any person or the production of any paper,
settlement procedure of all labor and
15
document or matter relevant to a labor dispute under A: The Contract Bar Rule shall not apply to the freedom
its jurisdiction, either at the request of any interested period (60-day period prior to the existence of the
party or at its own initiative. CBA) referred in Art. 264, 265 and 268.
Q: What is duty of the BLR in a Contract Bar Rule and Q: What is the nature of information and statements
how it is applied? made at conciliation proceedings?
A: The BLR shall not entertain any petition for A: It shall be treated as privileged communication.
certification election or any other action which may
disturb the administration of duly registered existing Q: What are the effects of the information or
CBA affecting the parties. For contract bar rule to statements is treated as privileged
apply, the law requires that the existing CBA affecting communication?
the parties must be duly registered. A: The effects are:
(a) It shall not be used as evidence in the NLRC;
Q: What is the Exception to the Contract Bar Rule?
16
(b) Conciliators and similar officials shall not testify in (d) If the applicant union has been in existence for
any court or body regarding any matters taken up one or more years, copies of its annual financial
at conciliation proceedings conducted by them. reports; and
(e) 4 copies of the constitution and by-laws of the
Title IV applicant union, minutes of its adoption or
LABOR ORGANIZATIONS ratification, and the list of the members who
(Arts. 240 [former 234] to Art. 252 [former 242-A]) participated in it.
17
Q: What is the period for the Bureau to act on the A: Any party-in-interest may commence a petition for
applications of registrations? cancellation of registration, except in actions involving
A: The period shall be within 30 days from the filing of violation of Art. 250 (former 241) which can be only
such application for registration. commenced by members of the labor organization
concerned. [Sec. 2, Rule XIV, Book V, LCP-IRR]
Figure no: __, Bureau’s Action on Application:
• Issue
CertiNicate
of
Table no. ___, Where to file a petition for cancellation
Approve
Registration
of registration?
Application
• Acknowledge
the
Cancellation of registration; Where to file?
report/notice
Regional Regional Office Bureau of Labor
which issued its Relations
Director
certification
BUREAU’S
Independent Voluntary Federations,
ACTION
labor union, Dissolution National or
local/chapter, Industry Unions
• deny
the
application
workers and Trade
Deny
• failure
tocomply
organization Union Centers
Appliation
with
the
requirements
Effect of a Petition for Cancellation of Registration
[Art. 246 (former 238-A)]
Denial of Registration; Appeal
[Art. 243 (former 236)] Q: What is the effect of a petition for cancellation of
registration?
“The decision of the Labor Relations Division in A: The petition shall not suspend the proceedings for
the regional office denying registration may be appealed certification election nor shall it prevent the filing of a
by the applicant union to the Bureau within ten (10) days petition for certification election. [Sec. 4, RA 9481]
from receipt of notice thereof”
Q: What are the remedies available for the union in
case of cancellation?
Additional Requirements for A: In case of cancellation, nothing herein shall restrict the
Federation or Nation Unions right of the union to seek just and equittable remedies
[Arts. 244 (former 237)] in the appropriate courts. [Sec. 4, RA 9481]
Q: What are additional requirements for federations Grounds for Cancellation of Union Registration
or nationals? [Art. 247(former 239)]
A: Subject to Art. 245 (former 238), if the applicant for
registration is a federation or a national union, it shall, Q: What are grounds for cancellation of unon
in addition to the requirements of the preceding registration?
articles, submit the following: A: The following grounds for cancellation of union
(1) Proof of the affiliation of at least 10 locals or registration:
chapters, each of which must be a duly (a) Misrepresentation, false statement or fraud in
recognized collective bargaining agent in the connection with the adoption or ratification of the
establishment or industry in which it operates, constitution and by-laws or amendments thereto,
supporting the registration of such applicant the minutes of ratification, and the list of members
federation or national union; and who took part in the ratification;
(2) The names and addresses of the companies (b) Misrepresentation, false statement or fraud in
where the locals or chapters operate and the list connection with the election of officers, minutes
of all the members in each company involved. of the election of officers, and the list of voters;
(c) Voluntary dissolution by the members; and
Cancellation of Registration (d) Violation of Art. 250 (former 241) LCP
[Art. 245 (former 238)]
Q: What is the effect of inclusion of employee who
Q: What is a “Cancellation Proceedings”? are outside of the bargaining unit?
A: It refers to the legal process leading to the revocation A: The ineligible employees are automatically deemed
of the legitimate status of a union or workers’ removed from the list of membership of the union.
association. [Sec. 1 (h), Rule 1, Book V, LCP-IRR] [Sec. 6, Rule XIV, Book V, LCP-IRR]
18
Q: What is the effect of affiliation of rank-and-file and A: At least 30% of the members of a union or any
supervisory unions? member/s specially concerned may report such
A: The affiliation of the rank-and-file and supervisory violation to the BLR.
unions operating within the same establisment to the
same federation or national union shall not be a Q: Is the 30% support requirement mandatory?
ground to cancel the registration of either union. [Sec. A: NO, the 30% requirement is not mandatory because
6, Rule XIV, Book V, LCP-IRR] Art. 250 (former 242) states that a report of a violation
of rights and conditions of membership in a labor
Q: What is the nature or qualified condition of the organization may be made by at least 30% of all the
misrepresentation in order to be a ground for members of a union or any member/s specially
cancellation? concerned. The assent 30% of the union members is
A: Misrepresentation, in order to be a ground for the a factor in the acquisition of jurisdiction by the BLR.
cancellation of the certificate of registration, must be [Rodriguez vs. BLR, 165 SCRA 239]
done maliciously and deliberately. Furthermore, the
mistakes appearing in the application or attachments Q: Who has the power to hear decide the violations
must be grave or refer to significant matters. The under Art. 250, LCP?
details as to how the alleged fraud was committed A: The Bureau (BLR) shall have the power to hear and
must also be indubitably shown. [Samahan ng decide any reported violation to mete the appropriate
manggagawa sa Hanjin Shipyard vs. BLR (GR no. penalty.
211145, October 14, 2015)]
Q: Who has jurisdiction on the criminal/civil liabilities
Voluntary Cancellation of Registration on violations of rights and conditions?
[Art. 248 (former 239-A) A: Criminal and civil liabilities arising frion violations of
above rights and conditions of membership shall
Q: What are the requirement for Voluntary continue to be under the jurisdiction of ordinary
Cancellation of Registration? courts.
A: The registration of a legitimate labor organization may
be cancelled by the organization itself, provided: Q: Who has the right to draw up constitutions and
(1) That at least 2/3 of its general membership votes, rules to elect representatives?
in a meeting duly called for that purpose to A: Workers’ and employers’ organization shall have the
dissolve the organization; right todraw up their constitution and rules to elect
(2) That an application to cancel registration is their representatives in full freedom, to organize their
thereafter submitted by the board of the administration and activities and to formulate their
organization, attested to by the president thereof. programs. [Bautista vs. Villanueva (GR no. 194709,
July 31, 2013)]
Equity of the Incumbent
[Art. 249 (former 240)] Q: What is the meaning of “Check-off”?
A: It is a process or device whereby the employer, on
Q: What is the concept of “Equity of the Incumbent”? agreement with the Union, recognized as the proper
A: All existing federations and national unions which bargaining representative, or on prior authorization
meet the qualifications of a legitimate labor from the employees, deducts union dues or agency
organization and none of the grounds for cancellation fees from the latter’s wages and remits them directly
shall continue to maintain their existing affiliates to the Union. [Mariño, Jr. vs. Gamilla (GR
regardless of the nature of the industry and the no.149763, July 7, 2009)]
location of the affiliates.
Q: What is the rule on Check-Offs of Attorney’s fees?
Chapter 2 A: As a general rule, attorney’s fees, negotiaiton fees,
Rights and Conditions of Membership and other similar charges may only be collected from
[Art. 250 (former 241)] union funds, not from the amounts that pertain to
individual union members. However, special
Q: What is the effect of violation of any of the rights assessments or other extraordinary fees may be
levied upon or checked off from any amount due an
and conditions of membership?
employee for as long as there is proper authirization
A: It shall be a ground for cancellation of union
by the employee. [Mariño, Jr. vs. Gamilla (GR
registration or expulsion of officers from office,
whichever is applicable. no.149763, July 7, 2009)]
Q: Who may report of such violations? Q: What are the requisites for a valid levy and check-
off of special assessments?
19
A: These requisites are: • List of voters
(1) An authorization by a written resolution of the 252-C • Annual financial report Within 30 days
majority of all the union members at the general after the close
membership meeting duly called for the prupose; of every fiscal
(2) Secretary’s record of the minutes of the meeting; year
and 252-D • List of members At least once a
(3) Individual written authorization for check-off duly year or
signed by the employee concerned. required by
the Bureau
Chapter 3
Rights of Legitimate Labor Organizations Q: What is the effect when there is failure comply
[Art. 251 (former 242) to Art 252 (former 242-A)] with the reportorial requirements?
A: It shall not be a ground for cancellation of union
Rights of Legitimate Labor Organizations registration but shall subject the erring officers or
[Art. 251 (former 242)] members to suspension, explsion from membership,
or any appropriate penalty. [Sec. 7, RA 9481]
Q: What are the rights of a legitimate labor
organization? Title V
A: These are the followings: COVERAGE
(a) To act as the representative of its members for (Art. 253 [former 243] to Art. 257 [former 246])
collective bargaining;
(b) To be certified as the exclusive representative in Coverage and Employees’ Right to Self-Organization
an appropriate bargaining unit; [Art. 253 (former 243)]
(c) To be furnished by the employer with its annual
audited financial statements, balance sheet and Q: What is the concept of the Right to self-
the profit and loss statement; organization?
(d) To own property, real or personal, for the use and A: It shall include the right to form, join or assist labor
benefit of the labor organization and its members; organizations for the purpose of collecive bargaining
(e) To sue and be sued inits registered name; and through representatives of their own choosing and to
(f) To undertake all other activities designed to engage in lawful concerted actvities for the same
benefit the organization and its members. purpose or for their mutual aid and protection, subject
to the provisions of Art. 279 (former 264) of this Code.
Q: What are income and properties of a legitimate
labor organizations that are tax exempted? Table no. ___, Employees covered under Title V
A: The income and properties of a legitimate labor RIGHT TO SELF-ORGANIZATION
organizations, including grants, endowments, gifts, INCLUDED EXCLUDED
donatinos and contributinos they may receive from All persons employed in High-level employees
fraternal and similar organizations, local or foreign, commercial, industrial whose functions are
which are actually, directly and exclusively used for and agricultural policy-making or
their lawful purposes, shall be free from taxes, duties enterprises and in managerial or whose
and other assessments. [Sec. 17, RA 6715] religious, charitable, duties are of a highly
medical, or educational confidential nature (Sec.
Reportorial Requirements institutions, whether for 3, EO. 180)
[Art. 252 (former 242-A)] profit or not
Ambulant, intermittent Members of cooperatives
Table no.___, Documents Required to be submitted to and itinerant workers,
the Bureau by the legitimate organization self-employed people,
concerned: rural workers and those
Documents Required Period without any definite
252-A • Constitution & By-Laws or Within 30 days employers may form
from adoption or
amendments thereto; labor organization for
ratification of the
• Minutes of ratification; and constitution and their mutial aid and
• List of members who took by-laws or protection.
part in the ratification of the amendments Supervisory Employees Managerial employees
thereto
constitution and by-laws defined in Art. 219(m),
252-B • List of officers; Within 30 days and 255
• Minutes of the election of from election “Employee” as defined in Members of the AFP,
officers; and Art. 219(f) & Art. 292(c) including the Polcie
20
officers, policemen,
firemen and jail guards Q: Who may join employees’ organization in the
(Sec. 3, EO 180) public sector?
Alien employees with Confidential employees A: Employees in agencies of the national government
valid working permits and their regional offices, attached agencies and their
issued by DOLE, regional offices, state universities and colleges,
provided that they are government-owned or controlled corporations with
nationals of a country original charters, and local government units, except
which grants the same or as may be hereunder provided, can form, join or
similar rights to Filipino assist employees’ organizations, labor-management
Workers, certified by the committees, work councils and other forms of
DFA employees’ participation schemes of their
Employees in the Public Employees of ownchoosing for the purposes above-stated. [Sec. 2,
Service International Organization Rule II, Amended IRR governing the exercise of
with Immunity the right of government employees to organize,
Homeworkers Non-employees Sept. 28, 2004]
Contractor’s employees
*******
under DO 174 Q: When does a government employee be eligible to
Employees of a become a member of the employees’
cooperative who are not ******* organization?
members thereof A: From the first day of such employees’ service. [Sec. 2,
Members of the Iglesia ni Rule II, Amended IRR governing the exercise of
Cristo (Reyes vs. Trajano the right of government employees to organize,
*******
(GR no. 84433, June 2, Sept. 28, 2004]
1992)
Security Guards Q: Who are not eligible to join employees’
(MERALCO vs. NLRC organizatinos in the public sector?
*******
(GR no. 91902, May A: The following are not eligible to form, join, or assist
20,1991) any employees’ organization for purposes of
Working Child (Art. 111, collective bargaining:
Title VI, Chptr. 3m PD ******* (a) High level, highly confidential and coterminous
608) employees;
(b) Members of the AFP;
Q: (c) Members of the PNP;
(d) Firemen (BFP);
Right of Employees in the Public Service (e) Jail Guards; and
[Art. 254 (former 244)] (f) Other personnel who, by the nature of their
functions, are authorized to carry firearms, except
Q: Who are employees referred in Art. 254 (former when there is express written approval from
244), LCP? management.
A: These are the following government employees:
(1) Employees of government corporations Q: What are terms and conditions of employment
established under the Corporation Code shall which are negotiable matters or subject to
have the right to organize and to bargain negotiations?
collectively with their respective employers; A: These are the following matters/concerns:
(2) All other employees in the civil service shall have (a) Schedule of vacation and other leaves;
the right to form associations for purposes not (b) Personnel growth and development;
contrary to law. (c) Communication systems – internal (lateral and
vertical), external
Table no. ____, Governing Laws for Employees’ Right (d) Work assignment/reassignment/detail/transfer;
to Organize in the Public Sector (e) Distrubition of work load;
Governing Law (f) Protection and safety;
Government Employees Other Government (g) Facilities for handicapped personnel;
in the Civil Service Employees (h) First aid medical services and supplies;
(i) Physical fitness program;
Executive Order no. 180, The Corporation Code, for
(j) Family planning services for married women;
for those government those government offices
offices with original charter with charter issued by the (k) Annual medical/physical examination;
SEC.
21
(l) Recreational, social, athletic and cultural activities Q: Are Managerial Employees eligible to join any
and facilities; labor organization?
(m) CAN incentives; and A: NO, Managerial employees are not eligible to join,
(n) Other concerns which are not prohibited by law assist or form any labor organization.
and CSC Rules and Regulations.
Q: How do you determine whether the nature of the
Q: What are matters which are not negotiable? work is supervisory or managerial status?
A: Increases in salary, allowances, travel expenses, and A: The test of supervisory or managerial status depends
other benefits that are specifically provided by law are on whether a person possesses authority to act in the
not negotiable. [Sec. 3, Rule II, Amended IRR interest of his employer and whether such authority is
governing the exercise of the right of government not merely routinary or clerical in nature, but requires
employees to organize, Sept. 28, 2004] the use of independent judgment. [Clientlogic Phils.,
Inc. vs. Castro (GR no. 186070, April 11, 2011)]
Q: Do workers in the public sector enjoy the right to
strike? Q: Are the supervisory employes eligible to become
A: NO, Government employees do not enjoy the right to member in the same bargaining unit with the rank-
strike because the terms and conditionsof their and-file employees?
employment are fixed by law. Government workers A: NO, Supervisory employees shall not be eligible for
cannot use the same weapons employed by the membership in the collective bargaining unit of the
workers in the private sector to secure concessions rank-and-file employees but may join, assist or form a
from their employers. The releations between the separate collective bargaining units and/or legitimate
private employer and employees rest on a voluntary labor organizations of their own.
basis, through CBA. However, in the government
sector, it is the legislature and, where properly given Q: May the supervisory union and rank-and-file union
delegated power, the administrative heads of allowed to join the same federation or national
government which fix the terms and conditions of union?
employment. And this is effected through statutes or A: YES, The rank-and-file union and supervisory union
administrative circulars, rules and regulations, not operating within the same establishment may join the
through collective bargaining. Furthermore, if same federation or national union.
government workers are permitted to conduct strike,
it would disrupt public peace pr the operation of Q: What is a Confidential Employee?
government services and affect the rights of private A: These refers to employees which is entrusted with
individuals. [Alliance of Government Workers vs. confidence on delicate matters, or with custody,
DOLE, 124 SCRA 1] handling, or care and protection of the employer’s
property. [Natinoal Association of Trade Union vs.
Ineligibility of managerial Employee to Join any Labor Torres , 239 SCRA 546]
Organization; Right of Supervisory Employees
[Art. 255 (former 245)] Q: What are the criterias of a Confidential Employee?
A: Confidetial employees are those:
Q: What is the meaning of a “Managerial Employee”? (1) Who assist or act in a confidential capacity; and
A: It is one who is vested with the powers or prerogatives (2) Those Persons who formulate, determine, and
to lay down and execute management policies and/or effectuate management policies in the field of
to hire, transfer, suspend, lay-off, recall, discharge, labor relations.
assign or discipline employees. [Art. 219 (m), LCP]
Q: Are confidential employees allowed to join, assist
Q: What is the meaning of “Supervisory Employees”? or form a union or labor organization?
A: These are those who, in the interest of the employer, A: NO, confidential employees are prohibited to join,
effectively recommend such managerial actions if the assist or form a union or labor organization because it
exercise of such authority is not merely routinary or would result into a conflict of interest. In the case of
clerical in nature but requires the use of independent Metrolab Industries, Inc. vs. Confessor (GR no.
judgment. [Art. 219 (m), LCP] 108855, February 28, 1996), They are prohibited
because:
Q: What is a “Rank-and-File Employee”? • If these employees would belong to or be
A: An employee whose functions are neither managerial affiliated with a Union, the latter might not be
or supervisory in nature. [Sec. 1(nn). Rule, Book V, assured of their loyalty to the Union in view of
LCP-IRR] evident conflict of interests. The Union can also
become company-dominated with the presence
22
of managerial employees in Union membership; Title VI
or UNFAIR LABOR PRACTICES
• They may act as spy or spies of either party to (Art. 258 [former 247] to Art. 260 (former 249)
thecollective bargaining agreement; or
• May bargain for advantages for themselves. Chapter 1
Concept of Unfair Labor Practices and
Effect of Inclusion as Members of Employees Outside Procedure for Prosecution Thereof
the Bargaining Unit [Art. 258 (former 247)]
[Art. 256 (former 245-A)]
Q: What is the concept of ULP?
Q: What is the effect of inclusion as union members A: Unfair labor practices:
of employees outside the bargaining unit? (1) Violate the constitutional right of workers and
A: It shall be a ground for the cancellation of the employees to self-organization;
registration of the union. The said employees are (2) Inimical to the legitimate interests of both labor
automatically deemed removed from the list of and management, including their right to bargain
membership of said union. [Sec. 9, RA 9481] collectively and otherwise deal with each other in
an atmosphere of freedom and mutual respect;
Q: What is the Doctrine of “Necessary Implication”? (3) Disrupt industrial peace and hinder the promotion
A: It means that what is implied in a statute is as much a of healthy and stable labor-management
part thereof as that which is expressed. [National relations;
Association of Trade Union vs Torres (GR no. (4) It does not only violates the civil right of both
93469, December 29, 1994)] labor and management but are also criminal
offenses against the State which shall be subject
Q: Can a petition for certification election be dismiss to prosecution and punishment as herein
on the ground that the labor organization’s provided.
membership consists of supervisory and rank-
and-file employees? Q: What covers the civil aspect of all ULP cases?
A: NO, After a labor organization has been registered, it A: Said civil aspects may include claims for actual, moral,
may exercise all the rights and privileges of a exemplary and other forms of damages, attorney’s
legitimate labor organization. Any mingling between fees and other affirmative reliefs. Recovery of it in the
supervisory and rank-and-file employees in its
membership cannot affect its legitimacy forthat is not Table no. ____, Jurisdiction of Unfair Labor Practices:
among the grounds for cancellation of its registration, Civil Aspect Criminal Aspect
unless such migling was brought about by Jurisdiction Labor Arbiter Concurrent MTC or
misrepresentation, false statement or fraud under Art. RTC
247 (former 239), LCP. [Holy Child Catholic School
vs. Sto. Tomas (GR no. 179146, July 23, 2013)] Q: What is the prescriptive period to file a criminal
complaint due to ULP?
Q: What is the remedy in case of incusion of A: It shall be filed with the appropriate agency within 1
disqualified employee in union due to falsity? year from the accrual of such ULP, otherwise, they
A: The aggrieved party (generally the employer) shall shall be forever barred.
directly file a petition for ancellation of the union’s
certificate of registration due to misrepresentation, Q: What is the effect of a pending administrative
false statement, or fraud under Art. 247(239), LCP cases for ULP?
before the Regional Director of DOLE. [Sta. Lucia A: It shall interrupt the period of prescription of the
Commercial Corp. vs. DOLE Secretary (GR no. criminal offenses.
162355, August 14, 2009)]
Q: What is the effect if there is a final judgment in that
Non-Abridgment of Right to Self-Organization administrative proceeding?
[Art. 257 (former 246)] A: The said judgment shall not be binding in the criminal
case nor be considered as evidence of guilt but
Q: What is the “Non-abridgment of right to self- merely as proof of compliance of the requirements
organization” pertains to? therein set forth.
A: It shallbe unlawful for any person to restrain, coerce,
discriminate against or unduly interfere with Table no: ___. Matrix of ULP cases committed by the
employees and workers intheir exercise of their right Employer vs. Labor Organizations:
to self-organization. Unfair Labor Practices
Employers Labor Organization, Officers,
23
Agent/ Representatives negotiations;
(a) To interfere with, restrain or (a) To restrain or coerce employees in (h) To pay negotiation or attorney’s (e) To ask for or accept negotiation or
coerce employees in the exercise of the exercise of their right to fees to the union or its officers or attorney’s fees from employers as part
their right to self-organization; selforganization. However, a labor agents as part of the settlement of of the settlement of any issue in
organization shall have the right to any issue in collective bargaining collective bargaining or any other
prescribe its own rules with respect to or any other dispute; or dispute; or
the acquisition or retention of (i) To violate a collective (i) To violate a collective bargaining
membership; bargaining agreement. agreement.
(b) To require as a condition of
employment that a person or an
employee shall not join a labor *******
organization or shall withdraw Chapter 2
from one to which he belongs; Unfair Labor Practices of Employers
(c) To contract out services or [Art. 259 (former 248)]
functions being performed by union
members when such will interfere
with, restrain or coerce employees ******* Interferance, Restrain, Coercion
in the exercise of their right to self- Art. 259 (a)
organization;
(d) To initiate, dominate, assist or
otherwise interfere with the Q: What constitutes direct and indirect interference
formation or administration of any
******* of the employer?
labor organization, including the
giving of financial or other support A: The followings cases are:
to it or its organizers or supporters; (a) Denying union organizers access to employees;
(e) To discriminate in regard to (b) To cause or attempt to cause an (b) Blacklisting ir threatening to blacklist employees;
wages, hours of work and other employer to discriminate against an
terms and employee, including discrimination
(c) Asking employees about their union membership
conditions of employment in order against an employee with respect to or activities;
to encourage or discourage whom membership in such (d) Accepting an offer by the majority of the
membership in any organization has been denied or to employees to abandon their union in return for
labor organization. Nothing in this terminate an employee on any ground
Code or in any other law shall stop other than the usual terms and wage increases to them;
the parties conditions under which membership (e) Accosting strikers ir a picket line in order to
from requiring membership in a or continuation of membership is persuade them to cease picketing and abandon
recognized collective bargaining made available to other members;
agent as a
the strike
condition for employment, except
those employees who are already Q: How does an indirect interference committed?
members of A: An indirect may be committed by persons whose
another union at the time of the
signing of the collective bargaining close connection with the employer make them partial
agreement. Employees of an or bias to management along the areas connected
appropriate bargaining unit who are with the union organization of rank-and-file workers.
not members of the recognized
collective bargaining agent may be
assessed a reasonable fee Q: How does Economic coercion is committed?
equivalent to the dues and other A: It takes place when the employer grants bonuses to
fees paid by members of the
recognized collective bargaining
strikers who return to work while withholding it to
agent, if such non-union members those who continue to strike, or promising
accept the benefits under the employment rather than lay-offs or wage increases to
collective bargaining agreement: some workers prior to and to influence the election of
Provided, That the individual
authorization required under some union officials or during strike.
Article 242, paragraph (o) of this
Code shall not apply to the non- Q: What is the “Test of interference and Coercion by
members of the recognized
collective bargaining agent; Employer”?
(f) To dismiss, discharge or A: The test refers to “whether the employer has engaged
otherwise prejudice or discriminate in conduct which, it may reasonably be said, tends to
against an employee for having ******* interfere with the free exercise of employees’ rights;
given or being about to give
testimony under this Code; and that it is not necessary that there be direct
(g) To violate the duty to bargain (c) To violate the duty, or refuse to evidence that any employee was in fact intimidated or
collectively as prescribed by this bargain collectively with the coerced by statements of threats of the employer if
Code; employer, provided it is the
representative of the employees;
there is a reasonable interference that anti-union
(d) To cause or attempt to cause an conduct of the employer does have an adverse effect
employer to pay or deliver or agree to on self-organization and collective bargaining.
pay or deliver any money or other [Insular Life-NATU vs. Insular Life, 147 Phil. 194]
******* things of value, in the nature of an
exaction, for services which are not
performed or not to be performed,
including the demand for fee for union
24
Yellow Dog Contract
Art. 259 (b) Q: What are discriminatory acts referred in this
section?
Q: What is a “Yellow dog Contract”? A: The discriminatory acts referred are as follows:
A: It is an agreement between an employer and an 1. To cause or attempt to cause an employer to
employee in which the employee agrees, as a discriminate against an employee;
condition of employment, not to join a union during 2. Discrimination against an employee with
the course of his employment. respect to whom membership in such
organization has been denied;
Q: What are the requisites for the application of Art. 3. To terminate an employee on any ground
259 (b) [former 248(b)]? other than the usual terms and conditions
A: To require as a condition of employment that a person under which membership or continuation of
or an employe shall: membership is made available to other
(1) Not join a labor organization; or members.
(2) Shall withdraw from one to which he belongs.
Additional notes from Azucena:
Chapter 3 • This refers to discrimination in terms of hiring or firing, inn
lay-off, in seniority, or in benefits.
Unfair Labor Practices of Labor Organizations
• ARBITRARY USE OF THE union Security Clause is
[Art. 260 (former 249)] forbidden (Salunga vs. CIR, 21 SCRA 216)
o Facts: Salunga signed from the union out of
Restrain or Coercion by Labor Organization disappointment, thereafter, the union requested the
Art. 260 (a) company to dismiss Salunga pursuant to the close-
provision of the CBA. Upon learning this, Salunga tried to
withdraw his resignation but the union denied it and
Q: What are acts of restraint or coercion? requested his dismissal to the Company which the
A: These are the following acts: Company acceded to.
(a) Preventing employees who do not desire to join a o RULING: The Union committed ULP and Salunga was
union strike from going to and returning from illegally dismissed. Labor unions are not entitled to
work during a strike; arbitrary exclude qualified applicants for memberships,
(b) Pickets threathening employees who desire to and a closed-shop provision would not justify the
employer in discharging, or a union in insisting upon the
enter the plant with physical violence;
discharge of, an employee whom the union thus refuses to
(c) Union agen pushing a non-striker against the wall admit to membership, without any reasonable ground
and threatening himwith bodily harm; and therefor.
(d) Preventing non-strikers ingress to the plant by • Asking help from Another union is not an act of disloyalty
blocking and threatening them with physical (Rance, et. Al. Vs. Polybag Manufacturing Workers’ Union (GR
harm. no. 68147, June 30, 1988))
o Facts: Union members were expelled by their union for
Additional Notes from Azucena: disloyalty because they allegedly join NAFLU (another
federation), hence they are also dismissed by the
• Labor organization commits ULP if it retrains or coerced an
Corporation upon the union’s demand. However, the
employee if such employee is exercising his right to refuse to
dismissed members claimed they their expulsion and
participate in or recognize a strike.
dismissal is invalid because they did not affiliate with
• Likewise, this ULP is committed if the union threatens NAFLU.
employees with bodily harm in order to force them to strike.
o RULING: The members were illegally dismissed from
• NOTE: in art. 259 (ULP committed by the employer) — ULP work because they are denied of due process. The mere
is committed through Interference, Restraint, or Coercion, act of seeking help from NAFLU cannot constitute
however, ULP under Art. 260 — Interference is left out. disloyalty as contemplated in the CBA. At most it was in
o Rationale? — A labor organisation may interference in the the NAFLU who took the cudgels for them. They are
employees’ right to selforganization as long as the deprived of fair play.
interference does not amount to restraint or coercion.
o Examples:
§ A union campaigns for membership even among
members of another union. Refusal to Bargain
§ A union, at the appropriate time, files a petition to Art. 260 (c)
dislodge an incumbent bargaining union;
§ A bargaining union, through a union security clause, A union violates its duty to bargain collectively by
requires an incoming employee to join the union or
entering negotiation with a fixed purpose of not reaching
when the occasion rises, persuades non-striking
employees to join a strike. an agreement or signing a contract.
25
Featherbedding or Make-Work — a term given the parties to participate fully and promptly in the
to employee practices which create or spread conciliation meetings the Board may call;
employment by “unnecessarily” maintaining or increasing d. During the conciliation proceedings in the Board, the
the number of employees used, or the amount of time parties are prohibited from doing any act which may
consumed, to work on a particular job. disrupt or impede the early settlement of the
disputes; and
CBA Deal with Employer e. The Board shall exert all efforts to settle disputes
Art. 260 (e) amicably and encourage the parties to submit their
case to a voluntary arbitrator
CBA DEAL WITH EMPLOYER:
• Asking for or accepting some “fee” from the Duty to Bargain Collectively
employer as part of CBA or dispute settlement is [Art. 262 (former 251) to Art. 264 (former 253)]
considered ULP.
• It is a reprehensible betrayal of trust, an act that Table no. ___, Matrix of Duty to Bargain
deserves condemnation of the highest order. Duty to Bargain (Art. 263)
The performance of a mutual obligation to meet and
Title VII convene promptly and expeditiously in good faith for the
COLLECTIVE BARGAINING AND ADMINISTRATION purpose of negotiating an agreement with respect to wages,
hours of work and all other terms and conditions of
OF AGREEMENTS
employment including proposals for adjusting any
(Art. 261 [former 250] to Art. 272 [former 259]) grievances or questions arising under such agreement and
executing a contract incorporating such agreements if
Procedure in Collective Bargaining requested by either party but such duty does not compel
[Art. 261 (former 250)] any party to agree to a proposal or to make any concession.
Without CBA With CBA
Figure no. ____, Procedure of Collective Bargaining in Duty of the employer • Neither party shall terminate nor
modify the CBA during its lifetime.
accordance with Art. 261, LCP and the
• However, either party can serve a
representatives of the written notice to terminate or
employees to bargain modify the CBA at least 60 days
collectively in prior to its expiration.
accordance with the • It shall be the duty of both parties
to keep the status quo and to
provisions of this
continue in full force or effect the
code. terms and conditions of the
existing agreement during the 60-
day period and/or until a new
agreement is reached by the
parties.
27
HOW TO CONDUCT A CERTIFICATION
OR CONSENT ELECTION?
VOTING: SECRET BALLOT
“To ensure secrecy of the ballot, the Ellection Officer,
together with the authorized representatives of the contending
unions, shall before the start of the actual voting, inspect the polling
place, the ballot boxes and the polling booths.
28
Q: What is the requirement of having a valid election Q: What is the meaning of “Employer as a Bystander”
and to be certified as a bargaining agent? Principle?
A: It must have at least a majority of all eligible voters in A: It means that in all cases, whether the petition for
the unit must have cast their votes. The labor union certification election is filed by an employer or a
receiving the majority of the valid votes cast shall be legitimate labor organization, the employer shall be
certified as the exclusive bargaining agent of all the considered a party thereto with concominant right to
workers in the unit. oppose a petition for certification election.
Q: What is the meaning of “Run-Off Election”? Q: What are the limits of employer’s participation in
A: It refers to an election between the labor unions certification election?
receiving the two (2) higher number of voters when a A: These are the following limitations:
certification election which provides for three (3) or (1) Being notified or imformed of petitions of such
more choices results in no choice receiving a majority nature; and
of the valid votes cast, where the total number of (2) Submitting the list of employees during the pre-
votes for all contending unions is at least fifty percent electoin conference should the Mediator-
(50%) of the number of votes cast. Arbitrator act favorably on the petition.
All certification cases shall be decided within twenty (20) Grievance Machinery and Voluntary Arbitration
working days. [Art. 273 (former 260)]
the Voluntary Arbitrator or panel of Voluntary Arbitrators, Step 3 solution within 10 days, proceed to Step 4
30
A: Any temporary stoppage of work by concerted action before the intended before the intended
of employees as a result of an industrial or labor date of strike/lockout date of strike/lockout
dispute. [Art. 219(o), LCP] Where Labor Arbiter; Regional Branch of
Regional Branch of NCMB
Q: What is lockout? NCMB
A: Any temporary refusal of the employer to furnish work
as a result of an industrial or labor dispute. [Art. Q: When can the 15-day cooling-off period not be
219(o), LCP] applied? In other words, when does the filing of
the 15-day (ULP Cases) requirement is not
Q: What is the meaning of “Peaceful Picketing”? applicable?
A: It is the right of workers during strikes consisting of A: In case of unfair labor practice involving the dismissal
the marching to and fro before the premises of an from employment of any union officer duly elected in
establishment involved in a labor dispute, generally accordance with the union constitution and by-laws
accompanied by the carrying and display of signs, which may constitute union-busting where the
placards or banners with statements relating to the existence of the union is threatened. [Sec. 7, Rule
dispute. [DOLE Primer on Strike, Picketing and XXII, Book V, LCP-IRR]
Lockouts]
Table no. ____, Form of the Notice to Strike or
Q: What are grounds in order to declare Strike or Lockout:
Lockout? Contents of notice:
A: A strike or lockout may be declared in cases of 1. The names and addresses of the employer and the union
bargaining deadlocks and unfair labor practices. [Sec. involved;
5, Rule XXII, Book V, LCP-IRR] 2. The nature of the industry to which the employer belongs;
3. The number of union members and of workers in the
Q: What are the exceptions to declare Strike or bargaining unit;
Lockout? 4. Such relevant data as may facilitate the settlement of the
dispute, such as a brief statement or enumeration of all
A: The following are instances when strike or lockout pending labor disputes involving the same parties.
may not be declared:
Additional Contents
(1) Violations of CBA, except flagrant and malicious
Bargaining Deadlock ULP
refusal to comply with its economic provision; or
• State the unresolved issues in • State the acts
(2) Grounds involving inter-union and intra-union the bargaining negotiations
disputes, or without first having filed a notice to complained of and
and be accompanied by the
strike/lockout, or without the necessary strike or written proposals of the • The efforts taken to
lockout vote having been obtained and reported union, resolve the dispute.
• the counter-proposals of the
to the NCMB; or employer and
(3) Assumption of jurisdiction by the DOLE Secretary • the proof of a request for
or after certification or submission or during the conference to settle the
pendency of cases involving the same grounds differences.
for the strike or lockout.
Q: What is the effect when the notice does not
Q: Who may declare a strike or lockout? conform to the requirements?
A: Any certified or duly recognized bargaining A: The regional branch of the NCMB shall inform the
representative may declare a strike in cases of ULP concerned party of such fact in order for it to comply.
and Bargaining Deadlocks. On the other hand, the [Sec. 8, Rule XXII, Book V, LCP-IRR]
employer may declare a lockout in the same cases.
[Sec. 6, Rule XXII, Book V, LCP-IRR] Q: Can the notice be treated as a preventive
mediation case?
Q: Can a legitimate labor organization declare a A: YES, Upon agreement of the parties, the regional
strike? branch of the NCMB may treat a notice as a
A: YES, In the absence of a certified or duly recognized preventive mediation case. It shall also encourage
bargaining representative, any legitimate labor the parties to submit the dispute to voluntary
organization in the establishment may declare a strike arbitration. [Sec. 9, Rule XXII, Book V, LCP-IRR]
but only on grounds of ULP. [Sec. 6, Rule XXII, Book
V, LCP-IRR] Q: What are the duties of the parties in case the
notice shall undergo and during mediation and
Table no. ___, Filing a notice of strike or lockout? conciliation proceedings?
ULP Bargaining Deadlock A: The parties shall not do any act which may disrupt or
When At least 15 days At least 30 days impede the early settlement of the dispute. They are
31
obliged to bargain collectively in good faith and to request or petition by either parties to the labor
participate fully and promptly in the conciliation dispute.
meetings called by the regional branch of the NCMB.
[Sec. 9, Rule XXII, Book V, LCP-IRR] Q: What are the effects when the DOLE Secretary
assume jurisdiction?
Table no. ___, Strike or Lockout Vote manner: A: Such assumption or certification shall have the effect
In case of Union In case of Corporation, of:
Association or Partnership (a) Automatically enjoining the intended or
A decision to declare a A decision to declare a lockout impending strike or lockout as specified in the
strike must be approved must by a majority of the assumption or certification order;
by a majority of the total board of directors of the (b) If a strike/lockout has already taken place at the
corporation, association, or of
union membership in the time of assumption, all striking or lockout
the partners in a partnership,
bargaining unit concerned, employee and other employees subject of the
obtained by a secret ballot in a
obtained by secret ballot meeting called for that notice of strike shall immediately return to work
in meetings or referenda purpose. and the employer shall immediately resume
called for that purpose. operations and readmit all employees under the
same terms and conditions prevailing before the
Q: Can the DOLE supervise the conduct of secret strike or lockout;
balloting? (c) Notwithstanding the foregoing, parties to the
A: YES, the DOLE may, at its own initiative or upon the case may agree at any time to submit the dispute
request of the party/ies, supervise the conduct of the to the DOLE Secretary or his duly authorized
secret balloting. [Sec. 10, Rule XXII, Book V, LCP- representative as Voluntary Arbitrators.
IRR]
Q: What is the rule on Prohibition of Law Enforcement
Q: What is the duty of the parties regarding the agencies or public officials/employees, armed
Notice of Strike/Lockout Results: persons, private security guard during strike?
A: The union or the employer shall furnish the DOLE the A: No public official or employees, including officers and
results of the voting at least 7 days before the personnel of the Armed Forces of the Philippines
intended strike or lockout, subject to the cooling-off (AFP), or the PNPs, or armed person, private security
period herein provided. guards and similar personnel in the private security
agency shall bring in, introduce or escort in any
Q: What will happen if the dispute remains unsettled manner, any individual who seeks to replace strikers
after the lapse of the requisite number of days in entering or leaving the premises of a strike area, or
from the filing of the notice of strike/lockout and work in place of workers. The police force shall
of the results of the election required? keepout of the picket lines, unless actual violence or
A: The labor union may conduct strike or the employer other criminal acts occur therein. [Sec. 19, Rule
may lockout its workers. However, the regional XXII, Book V, LCP-IRR]
branch of the NCMB shall continue to mediate and
conciliate the issue/dispute. [Sec. 11, Rule XXII, Q: What is the exception to the rule on prohibition in
Book V, LCP-IRR] the preceding question?
A: Any public officer, the DOLE Secretary or the NLRC,
National Interest Case; Assumption of Jurisdiction may seek the assistance of law enforcement
agencies to maintain peace and order, protect life
Q: What are the conditions needed before the DOLE and property, and/or enforce the law and legal order
Secretary assume jurisdiction over the labor pursuant to the provisions of the joint DOLE-DILG-
dispute? PEZA guidelines in the conduct of PNP personnel,
A: When a labor dispute causes or is likely to cause a Economic Zone Police and security guards,
strike or lockout in an industry indispensable to the company security guards and similar personnel
national interest, the Secretary of Labor may assume during the labor disputes. [Sec. 19, Rule XXII, Book
jurisdiction over the dispute or certify to the NLRC V, LCP-IRR]
for compulsory arbitration, provided, that any of the
conditions is present: Q: Can workers/employer in hospitals, clinics, or
(a) Both parties have requested the Secretary of similar medical institutions conduct
Labor and Employment to assume jurisdiction strikes/lockouts?
over the labor dispute; or A: NO, in line with the national concern for an the highest
(b) After a conference called by the Office of the respect accorded to the right of patients to life and
Secretary of Labor and Employment on the health, strikes and lockouts in hospitals, clinics and
propriety of its issuance, motu proprio or upon similar medical institutions shall, to every extent
32
possible, be avoided, and all serious efforts shall be PTGWO vs. YSS Laboratories (GR no. 155125,
exhausted to substantially minimize, if not prevent, December 4, 2009)]
their adverse effects on such life and health, through
the exercise of its right to strike and lockout. [Art.
278(g) (former 263(g), LCP] Prohibited Activities
[Art. 279 (former 264)]
Q: What are the duties of the parties in a labor
dispute adversely affecting the continued a. No labor organization or employer shall declare a
operation of such hospital, clinics or medical strike or lockout without first having bargained
institution? collectively in accordance with Title VII of this Book
A: It shall be the duty of the striking-union or locking-out or without first having filed the notice required in
employer to provide and maintain an effective the preceding Article or without the necessary
skeletal workforce of medical and other health strike or lockout vote first having been obtained
personnel, whose movement and services shall be and reported to the Ministry.
unhampered and unrestricted, as are necessary to
insure the proper and adequate protection of the life No strike or lockout shall be declared after
and health of its patients, most specially emergency assumption of jurisdiction by the President or the
cases, for the duration of the strike or lockout. [Art. Minister or after certification or submission of the
278(g) (former 263(g), LCP] dispute to compulsory or voluntary arbitration or
during the pendency of cases involving the same
Q: Can the President of the Philippines exercise grounds for the strike or lockout.
jurisdiction over strikes/lockouts in an industry
indispensable to the national interest? Any worker whose employment has been
A: YES, The President of the Philippines shall be terminated as a consequence of any unlawful
precluded from determining the industries that, in his lockout shall be entitled to reinstatement with full
opinion, are indispensable to the national interest, backwages. Any union officer who knowingly
and from intervening at any time and assuming participates in an illegal strike and any worker or
jurisdiction over such labor dispute in order to settle union officer who knowingly participates in the
or terminate the same. [Art. 278(g) (former 263(g), commission of illegal acts during a strike may be
LCP] declared to have lost his employment status:
Provided, That mere participation of a worker in a
Q: What are industries that are indispensable to the lawful strike shall not constitute sufficient ground
national interest? for termination of his employment, even if a
A: These are the following cases: replacement had been hired by the employer
(a) Hospital sector; during such lawful strike.
(b) Electric power industry;
(c) Water supply services, excluding small water b. No person shall obstruct, impede, or interfere with, by
supply services such as bottling and refilling force, violence, coercion, threats or intimidation,
stations; any peaceful picketing by employees during any
(d) Air traffic control; labor controversy or in the exercise of the right to
(e) Education institutions; and self-organization or collective bargaining, or shall
(f) Other industries recommended by the National aid or abet such obstruction or interference.
Tripartite Industrial Peace Council (TIPC)
c. No employer shall use or employ any strike-breaker,
Q: Is a “Return-to-work” order interferes with nor shall any person be employed as a strike-
Management Prerogative? breaker.
A: NO, assumption and certification orders are executory
in character and are to be strictly complied with by d. No public official or employee, including officers and
the parties, even during the pendency of any petition personnel of the New Armed Forces of the
questioning their validity. Accepting back workers Philippines or the Integrated National Police, or
pursuant to a “Return-to-work” order is an obligation armed person, shall bring in, introduce or escort in
mandated by law for employer to faithfully comply any manner, any individual who seeks to replace
with. It does not interfere with management strikers in entering or leaving the premises of a
prerogative, but merely regulates it when, in the strike area, or work in place of the strikers. The
exercise of such right, national interests will be police force shall keep out of the picket lines
affected. Let it be noted that Management unless actual violence or other criminal acts occur
prerogative is not absolute. [YSS Employees Union- therein: Provided, That nothing herein shall be
interpreted to prevent any public officer from
33
taking any measure necessary to maintain peace incomes, are not normally covered by major labor
and order, protect life and property, and/or enforce organizations or federations.”
the law and legal order. (As amended by Executive
Order No. 111, December 24, 1986) Assistance by the Institute of Labor and
Manpower Studies
e. No person engaged in picketing shall commit any act [Art. 283 (former 268)]
of violence, coercion or intimidation or obstruct the
free ingress to or egress from the employer’s “The Institute of Labor and Manpower Studies
premises for lawful purposes, or obstruct public shall render technical and other forms of assistance to
thoroughfares. labor organizations and employer organizations in the
field of labor education, especially pertaining to collective
Improved Offer Balloting bargaining, arbitration, labor standards and the Labor
[Art. 280 (former 265)] Code of the Philippines in general.”
Chapter 4
Penalties for Violation
[Art. 287 (former 272)
35