VIII. LABOR RELATIONS

Question 1

VIII. LABOR RELATIONS
A. Right to Self-Organization
1. Coverage and Eligibility for Membership; Exceptions

– Labor Code, arts. 253-255; DOLE D.O. No. 40-03, Rule II, secs. 1-2

Answer 1

Right to Self-Organization in the Philippines: Coverage, Eligibility, and Exceptions

Articles 253 and 255 of the Philippine Labor Code outline the right to self-organization for workers. Here’s a breakdown of key points with relatable examples:

A) Coverage:
* Broad Scope: Most employees, regardless of industry or employer type (commercial, industrial, agricultural, religious, etc.), have the right to form or join labor unions.
* Exceptions: Managerial employees and, in some cases, government employees (depending on the specific corporation) are ineligible for union membership.

B) Eligibility for Membership:
* Rank-and-File Employees: This constitutes the majority of workers and includes production workers, clerks, drivers, etc. They can form unions for collective bargaining (negotiating with employers for better wages, benefits, and working conditions).
* Supervisory Employees: They cannot join the same union as rank-and-file employees but can form separate unions for their own interests.

C) Exceptions to the Right to Self-Organization:**
* Managerial Employees: Due to their decision-making roles, they are excluded from union membership to prevent conflicts of interest with the employer.

• Current Event Example:
  Imagine news coverage about a call center strike. The striking workers are likely rank-and-file employees (agents, customer service representatives) who formed a union to negotiate for higher wages and improved working conditions. This scenario aligns with the right to self-organization.
• Jurisprudence and Legal Reasoning:
  Landmark cases like National Federation of Labor Unions vs. NLRC (G.R. No. 112282) emphasize the broad scope of the right to self-organization. However, exceptions exist for managerial employees to ensure a clear distinction between workers and management.
• Important Note:
  The specific rules regarding government employee unions can vary depending on the nature of the corporation. Consulting a labor lawyer is recommended for navigating the complexities of union membership in the public sector.

Question 2

VIII. LABOR RELATIONS
A. Right to Self-Organization

2. Doctrine of Necessary Implication (Confidential Employees)

Answer 2

Based on the sources provided, the Doctrine of Necessary Implication under Philippine labor laws pertains to the exclusion of “confidential employees” from the right to self-organization and joining labor unions. The key points are:

1. Article 245 of the Labor Code grants the right to self-organization to all employees, except for managerial employees.
2. However, through jurisprudence, the Supreme Court has applied the “Doctrine of Necessary Implication” to also exclude confidential employees from the right to self-organization and joining unions.
3. Confidential employees are those who assist or act in a confidential capacity to, or have access to confidential matters relating to, labor relations.
4. The rationale is that giving confidential employees the right to unionize may potentially conflict with the interests of the employer, since they may become union members while having access to confidential labor relations information.
5. As explained in [2], confidential employees are “disqualified from joining any labor organization because of the confidential nature of their functions and their access to privileged information relating to labor relations.”
6. An example would be an employee in the Human Resources department who has access to confidential employee records, salary data, and information about the company’s labor relations strategies. Allowing such an employee to join a union could create a conflict of interest.
7. However, the exclusion of confidential employees is applied strictly. As stated in [4], “the exclusion applies only to the extent that the employee’s confidential functions affect the company’s labor policies.”

So in essence, the Doctrine of Necessary Implication under Philippine labor laws excludes confidential employees who have access to privileged labor relations information from the right to self-organization, in order to avoid potential conflicts of interest between their union membership and confidential duties to the employer.

Question 3

VIII. LABOR RELATIONS
A. Right to Self-Organization

3. Bargaining Unit – DOLE D.O. No. 40-03, Rule I, sec. 1(e)
   a. Commingling or Mixed Membership
   b. Inclusion as Members of Employees Outside the Bargaining Unit – Labor Code, art. 256

Question 4

VIII. LABOR RELATIONS
A. Right to Self-Organization

3. Bargaining Unit – DOLE D.O. No. 40-03, Rule I, sec. 1(e)

b. Inclusion as Members of Employees Outside the Bargaining Unit – Labor Code, art. 256

Answer 4

Key Point on Union Membership and Bargaining Unit (Philippines)

1)
This rule clarifies the relationship between union membership and the bargaining unit in the Philippines. Here’s a breakdown:
A) Union Membership:
Employees can be members of a labor union regardless of whether they belong to the bargaining unit.
B) Bargaining Unit:
This refers to a specific group of employees authorized to negotiate a collective bargaining agreement (CBA) with the employer on wages, benefits, and working conditions.

2)
The rule emphasizes two key points:
A. Union Membership is Separate: Including employees outside the bargaining unit as union members won’t lead to the union’s registration being revoked.
B. Automatic Removal from Bargaining Unit List: If an employee who belongs to the bargaining unit also becomes a union member, they are automatically removed from the official bargaining unit list. This might be to avoid conflicts of interest during negotiations.

Example:
Imagine a factory with two departments: production (bargaining unit) and administration (outside bargaining unit). The factory workers’ union can have members from both departments.

• Production Workers: They can be part of the union and also be included in the bargaining unit that negotiates the CBA with management.
• Admin Staff: They can choose to join the union for solidarity or access to union benefits, but they wouldn’t be part of the official bargaining unit negotiating the CBA. If an admin staff member joins the union, their name would likely be removed from the bargaining unit list to avoid any potential bias during negotiations.

Question 5

VIII. LABOR RELATIONS
A. Right to Self-Organization

4. Registration of Unions,
   Chartering,
   Cancellation of Registration
   – Labor Code, arts. 240, 241, 245 and 247

REGISTRATION - EXPLAIN

Answer 5

To register your labor union in the Philippines and gain legal recognition, you’ll need to jump through a few hoops:
1) Pay a ₱50 Registration Fee: This is a small price to pay for official union status.
2) Document Your Formation: Provide minutes of organizational meetings and a list of attending workers to prove a legitimate founding process.
3) Show Your Strength (Independent Unions): If you’re an independent union, demonstrate your worker support by listing at least 20% of employees in your target bargaining unit as members.
4) Financial Transparency (Existing Unions): If your union has been around for a while (one year or more), submit copies of your annual financial reports to show responsible management.
5) Constitution & By-Laws: Provide four copies of your governing documents (constitution and by-laws) along with adoption/ratification minutes and a participant list.

Question 6

VIII. LABOR RELATIONS
A. Right to Self-Organization

5. Sole and Exclusive Bargaining Agent (SEBA) (DOLE D.O. No. 40-03,
   Rule I, Sec. 1(u)); Modes to Acquire Status (DOLE D.O. No. 40-I-15)

a. SEBA Certification – DOLE D.O. No. 40-03, Rule I, Sec. 1, as
amended by DOLE D.O. No. 40-J-22

Question 7

VIII. LABOR RELATIONS
A. Right to Self-Organization

5. Sole and Exclusive Bargaining Agent (SEBA) (DOLE D.O. No. 40-03,
   Rule I, Sec. 1(u)); Modes to Acquire Status (DOLE D.O. No. 40-I-15)

b. Certification and Consent Election – DOLE D.O. No. 40-03,
Rules VII and VIII, as amended

Question 8

VIII. LABOR RELATIONS
A. Right to Self-Organization

5. Sole and Exclusive Bargaining Agent (SEBA) (DOLE D.O. No. 40-03,
   Rule I, Sec. 1(u)); Modes to Acquire Status (DOLE D.O. No. 40-I-15)

c. Bars to the Holding of Certification Election

– DOLE D.O. No.
40-03, Rule VIII, Sec. 14, and Rule XVII, Sec. 7, as amended;
Omnibus Rules Implementing the Labor Code, Book V, Rule
III, Sec. 14 (e)

Question 9

VIII. LABOR RELATIONS
A. Right to Self-Organization

5. Sole and Exclusive Bargaining Agent (SEBA) (DOLE D.O. No. 40-03,
   Rule I, Sec. 1(u)); Modes to Acquire Status (DOLE D.O. No. 40-I-15)

d. Failure of Election, Run-off Election, Re-run Election

– DOLE
D.O. No. 40-03, Rule IX, Secs. 17-19, as amended

Question 10

VIII. LABOR RELATIONS

B. Rights of Legitimate Labor Organizations

1. Check Off, Assessment, and Agency Fees – Labor Code, arts. 250 (n), (o)
   and 259 (e); DOLE D.O. No. 40-03, Rule XIII, sec. 1

Answer 10

Key Points on Check-Off, Assessments, and Agency Fees in the Philippines (with Examples)

These rules regulate how labor unions in the Philippines can collect money from their members and how employers can deduct these fees from employees’ salaries.

1. Check-Off Fees:
   * Definition: This is the system where an employer deducts union dues or fees from an employee’s salary and remits them directly to the union.
   * Authorization Required: Check-off can only happen with written authorization from the individual employee.
   * Transparency: The authorization should clearly state the amount, purpose, and beneficiary of the deduction.
   Example:
   Imagine a call center union negotiates a check-off system with management. Call center agents who wish to join the union can sign a form authorizing the deduction of a monthly membership fee (e.g., ₱100) from their salary. This fee would then be directly transferred by the company to the union’s account.
2. Special Assessments and Fees:
   * Definition: These are additional fees levied upon union members beyond regular dues.
   * Approval Process: Special assessments or fees require written approval from a majority of union members in a properly convened general meeting.
   * Record Keeping: The union secretary must record details of the meeting, including the purpose and recipient of the fees, and the president must attest to the record.
   Example:
   A nurses’ union might decide to hold a special fundraising drive to support a legal battle against a hospital’s unfair labor practices. They would need to hold a general membership meeting where the proposal for a one-time special assessment (e.g., ₱200) is voted on. If a majority approves, the union can collect these additional fees with proper documentation.
3. Agency Fees (Right to Work Laws Not Applicable):
   * Concept (Not Applicable in the Philippines): In some countries with “right-to-work” laws, non-union members covered by a collective bargaining agreement might be required to pay agency fees to the union representing them.
   * Philippine Exception: The excerpt clarifies that the individual authorization requirement for check-off fees (mentioned above) doesn’t apply to non-members of the recognized collective bargaining agent in the Philippines. This suggests there’s no mandatory agency fee system in the Philippines.

• Important Note:
• These are just some key points, and the specific rules regarding union finances can be complex. It’s recommended to consult a lawyer specializing in labor law for further guidance.

Question 11

VIII. LABOR RELATIONS

B. Rights of Legitimate Labor Organizations

2. Collective Bargaining
   a. Procedure in Bargaining – Labor Code, art. 261

Answer 11

Collective Bargaining Process in the Philippines: Easy Guide for Bar Exam Prep

Negotiating a fair employment contract? Here’s a simplified breakdown of the collective bargaining process

A) Initiating Negotiations (Step 1 & 2):
1. Start with a Written Notice:
- One party (union or employer) sends a formal written proposal outlining their desired terms for the employment contract (wages, benefits, working conditions).
- The other party has 10 days to respond in writing with their counter-proposal or acceptance.

B) Resolving Differences (Steps 3 & 4):
2. Conference if Disagreements Arise:
- If there are issues with the initial proposals, either party can request a conference within 10 days of the response. This provides a platform for direct discussion.
3. Conciliation by the National Labor Relations Board (NLRC):
- If the conference doesn’t resolve the dispute, either party or the NLRC can initiate conciliation meetings. The NLRC acts as a neutral mediator to help both sides reach an agreement.
- Important: During conciliation, both parties are prohibited from taking actions that could worsen the situation (strikes, lockouts).

C) Reaching an Agreement (Step 5):
4. Striving for Amicable Settlement:
- The NLRC aims to guide both parties towards a mutually agreeable solution.
- Voluntary arbitration might be encouraged, where an impartial third party makes a binding decision.

• Example:
  Imagine a union representing factory workers wants to negotiate a raise and better healthcare benefits. They would follow these steps:
  1. Written Notice: The union sends a document to the factory management outlining their proposed wage increase and specific health insurance plan.
  2. Management Response: Within 10 days, management might counter with a lower raise offer and a different health plan.
  3. Conference (if needed): If disagreements persist, either the union or management can request a conference to discuss the proposals directly.
  4. NLRC Conciliation: If the conference fails, the NLRC steps in with conciliation meetings. Here, both sides negotiate with the NLRC’s guidance to find common ground.
• Remember:
  The goal is to reach a fair agreement through communication and compromise. The NLRC plays a crucial role in facilitating a peaceful and productive negotiation process.

Question 12

VIII. LABOR RELATIONS

B. Rights of Legitimate Labor Organizations

2. Collective Bargaining

b. Duty to bargain collectively – Labor Code, arts. 262-264

Answer 12

Duty to Bargain Collectively in the Philippines: Key Points with Current Events

Articles 262 and 264 of the Labor Code outline the duty to bargain collectively, a crucial aspect of employer-employee relations. Here’s a breakdown of the key points with a relatable scenario:

A) What it Means:
* When there’s no existing agreement between the employer and employee representatives (union), both parties have a legal obligation to bargain collectively.
* This translates to good faith negotiations on terms like wages, working hours, and other employment conditions.
* Bargaining involves meeting promptly and discussing proposals put forth by either side.
Current Event Example:
Imagine news coverage about nurses at a private hospital planning to strike due to low wages and long working hours. The nurses might not have a formal collective bargaining agreement (CBA) with the hospital management. In this scenario:
* The nurses’ union can initiate the process by sending a written proposal outlining their desired wage increase and preferred working hours.
* The hospital management is then obligated to respond in good faith and engage in negotiations.

B) Key Points (Articles 262 & 264):
* Good Faith is Paramount: Both parties must approach negotiations with a genuine intention to reach an agreement.
* Focus on Issues: Discussions should center around wages, benefits, and working conditions.
* No Obligation to Agree: Neither party is forced to accept every proposal, but they must negotiate seriously.
* Respecting Existing Agreements (Article 264): If a CBA exists, neither party can unilaterally terminate or modify it during its validity period. However, either side can propose changes by providing written notice 60 days before the agreement expires.

• Remember:
  Collective bargaining is a process, not a guarantee. The goal is to find common ground through open communication and a willingness to compromise.

Question 13

VIII. LABOR RELATIONS

B. Rights of Legitimate Labor Organizations

2. Collective Bargaining

c. Economic Provisions and Conditions

Answer 13

In Philippine collective bargaining, Economic Provisions and Conditions refer to clauses within a Collective Bargaining Agreement (CBA) that deal with the monetary aspects of the employment relationship. These clauses directly impact the financial well-being of employees and are a key focus during negotiations between unions and employers. Here’s a breakdown of what Economic Provisions and Conditions typically cover:

• Wages and Salaries: This is a central element, outlining the base pay employees receive for their work. It can be expressed as hourly rates, monthly salaries, or a combination depending on the industry and position. The CBA may also establish a process for wage adjustments based on factors like inflation or productivity.
• Allowances: These are additional payments beyond base pay to compensate for specific work-related expenses or situations. Examples include rice allowances, transportation allowances, and clothing allowances.
• Bonuses: The CBA may outline the types and amounts of bonuses employees are entitled to, like productivity bonuses, Christmas bonuses, or 13th-month pay.
• Benefits: This can encompass a wide range of benefits that contribute to employee well-being and financial security. Examples include health insurance, retirement plans, paid time off (vacation leave, sick leave), and maternity leave.
• Fringe Benefits: These are additional perks or benefits employees receive beyond base pay. They can include profit-sharing plans, educational assistance, or meal subsidies.

Key Points to Remember:

• Economic Provisions and Conditions are crucial for ensuring fair compensation and improving worker livelihoods.
• Unions play a vital role in negotiating for better wages, benefits, and overall working conditions.
• The specific details of these provisions will vary depending on the industry, company size, and the bargaining power of the union.

Additional Notes:

• The Philippine government sets minimum wage standards, but CBAs can negotiate wages that exceed these minimums.
• Some benefits, like mandatory contributions to Social Security System (SSS) and PhilHealth, may be legally required and reflected in the CBA for transparency.

Question 14

VIII. LABOR RELATIONS

B. Rights of Legitimate Labor Organizations

2. Collective Bargaining

d. Non-Economic Provisions and Conditions

Answer 14

In Philippine collective bargaining, Non-Economic Provisions and Conditions refer to clauses within a Collective Bargaining Agreement (CBA) that address aspects of the work environment beyond direct monetary compensation. These provisions focus on creating a fair and secure work atmosphere for employees and often involve employee rights and management practices. Here’s a breakdown of what Non-Economic Provisions and Conditions typically cover:

• Union Security: These clauses outline how the union will maintain its membership and collect dues. This could include a check-off system where union dues are automatically deducted from employee salaries.
• Management Security: This section may establish limitations on management’s ability to discipline or terminate employees without just cause. It can also outline a grievance procedure for employees to address workplace issues.
• Seniority Rights: The CBA may define how seniority will be used in situations like promotions, layoffs, or scheduling.
• Work Hours and Overtime: This section can establish standard working hours per day or week, as well as overtime pay rates and calculations. While minimum work hours are mandated by law, the CBA can negotiate for shorter workweeks if desired.
• Leave of Absence: The CBA may elaborate on existing leave benefits mandated by law (sick leave, vacation leave) and potentially include additional paid or unpaid leave options like parental leave or educational leave.
• Occupational Safety and Health (OSH): This section may establish specific safety protocols, accident reporting procedures, and employee rights regarding safety concerns in the workplace.
• Work Rules and Policies: The CBA may incorporate or reference existing company policies or establish new ones regarding workplace conduct, dress code, grievance procedures, and other non-monetary aspects of work life.

Key Points to Remember:

• Non-Economic Provisions and Conditions promote a work environment that is fair, respectful, and safe for employees.
• They establish clear expectations for both employers and employees regarding work rules, grievance procedures, and employee rights.
• A strong CBA with well-defined non-economic provisions can contribute to a more productive and harmonious work environment.

Additional Notes:

• The specific details of these provisions will vary depending on the industry, company size, and the bargaining power of the union.
• Some non-economic provisions may align with existing Philippine labor laws, while others may go beyond the minimum legal requirements to provide additional benefits for employees.

Question 15

VIII. LABOR RELATIONS

B. Rights of Legitimate Labor Organizations

2. Collective Bargaining

e. Mandatory Provisions in a Collective Bargaining Agreement

Question 16

VIII. LABOR RELATIONS

B. Rights of Legitimate Labor Organizations

2. Collective Bargaining

f. Freedom Period

Answer 16

Based on the sources provided, here are the key points to remember about the “Freedom Period” during collective bargaining under the Philippine Labor Code and Supreme Court rulings, as part of the rights of labor organizations:

1. Definition of Freedom Period:
   - The freedom period refers to the 60-day period before the expiration of an existing Collective Bargaining Agreement (CBA) between a union and an employer. [1]
   - During this window, both the labor union and the employer have the option to serve notice to terminate or amend the existing CBA. [1]
2. Purpose and Significance:
   - It allows both parties to prepare for upcoming negotiations by assessing their positions and discussing potential changes to the agreement. [1]
   - It sets the stage for balanced and constructive negotiations towards a new or amended CBA.
   - The freedom period is a critical phase that upholds the rights of both labor and management to initiate changes to the CBA terms.
3. Rights During Freedom Period:
   - The labor union can file a notice to amend or terminate the existing CBA within the 60-day period. [1]
   - The employer can likewise serve notice to amend or terminate the CBA during this window. [1]
   - Both parties can formulate their proposals and negotiating positions during this time.
4. Obligations After Freedom Period:
   - If no notice is served by either party during the freedom period, the existing CBA is automatically renewed for another period. [4]
   - If notice is served, the parties are obligated to meet and negotiate a new CBA with mutually agreed terms. [4]
   - The existing CBA remains in force until a new one is concluded through collective bargaining. [4]

Example:
The XYZ Company’s 5-year CBA with Union A is set to expire on December 31, 2023. The freedom period begins on November 1, 2023. During this time, Union A can serve notice that it wants to amend certain economic provisions like wage increases. The company can also file notice to modify non-economic terms like work rules. This initiates the negotiation process for a new CBA once the freedom period lapses.

In essence, the freedom period is a crucial window that enables labor unions to exercise their right to initiate changes to an expiring CBA through collective bargaining, ensuring their voices are heard in determining new terms and conditions of employment.

Question 17

VIII. LABOR RELATIONS

B. Rights of Legitimate Labor Organizations

2. Collective Bargaining

g. Union Security Clause

Answer 17

Based on the sources provided, here are the key points to remember regarding Union Security Clauses under the Philippine Labor Code and Supreme Court rulings during collective bargaining as part of the rights of labor organizations:

1. Definition and Purpose
   - A union security clause is a provision in a collective bargaining agreement (CBA) that requires employees to become members of the contracting union or pay fees to the union as a condition of employment or continued employment. [1][3]
   - The purpose is to ensure support for the union, prevent free-riders, and maintain union strength in representing workers. [5]

Example: A CBA clause stating “All employees must become members of Union X within 30 days of hiring as a condition of continued employment.”

2. Permissibility under Labor Code
   - Article 259(e) of the Labor Code allows parties to require union membership as a condition of employment, except for employees already members of another union when the CBA was signed. [4]
   - This permits closed shop and union shop arrangements to be negotiated into CBAs.
3. Types of Union Security Clauses
   - Closed Shop: Requires employees to be union members before being hired. [5]
   - Union Shop: Requires employees to join the union after being hired, usually within 30 days, as a condition of continued employment. [1][5]
   - Agency Shop: Requires non-union employees to pay fees to the union for its services as the bargaining agent. [1]

Example: A closed shop clause would state “Only current members of Union X shall be hired for covered positions.”

4. Validity Requirements (Supreme Court)
   - The union security clause must be applicable to the employee. [4]
   - The union must be requesting enforcement of the clause. [4]
   - There must be sufficient evidence to support the union’s decision to expel the employee for non-membership/non-payment. [4]
5. Termination for Violation
   - Dismissal due to enforcement of a valid union security clause is considered a just cause for termination under jurisprudence. [4]
   - The CBA stipulation is given equal importance as statutory provisions on dismissal under the Labor Code. [4]

In essence, Philippine labor laws allow negotiation of union security clauses during CBA bargaining to compel membership or payment to the union, subject to certain exceptions and requirements set by the Labor Code and Supreme Court for valid enforcement leading to termination.

Question 18

VIII. LABOR RELATIONS

C. Unfair Labor Practices
1. By Employers – Labor Code, art. 259

Answer 18

Unfair Labor Practices by Employers in the Philippines: Key Points and Examples

The Labor Code outlines various actions by employers considered unfair labor practices (ULPs). Here’s a breakdown of key points with a relatable scenario:

What are Unfair Labor Practices?

ULPs are employer actions that infringe on workers’ rights, particularly regarding unionization and collective bargaining. Here are some common examples based on Article 248(a) to (i):
1) Interfering with Unionization (a): Threatening employees with job loss or reduced benefits if they join a union.
2) Forcing Employees Out of Unions (b): Requiring employees to choose between their jobs and union membership.
3) Undermining Unions (c & d): Hiring non-union workers to perform tasks previously done by union members, or creating a company-controlled “union” to weaken the legitimate union.
4) Discrimination Based on Union Membership (e): Offering better wages or benefits only to non-union employees.
5) Retaliation for Union Activity (f): Firing or demoting employees who participate in union organizing or testify in labor disputes.
6) Refusal to Bargain Collectively (g): Ignoring union requests to negotiate a collective bargaining agreement (CBA).

• Current Event Example:
  Imagine a news report about a garment factory where workers are discreetly forming a union to fight for better pay and safer working conditions. The factory management gets wind of this and:
  Threatens to shut down the factory if the workers unionize (A)
• Offers raises to individual workers on condition they abandon efforts to form a union (B)

These actions by the management would be considered unfair labor practices.

• Important Note:
• Only certain officers/agents who directly participate in, authorize, or ratify ULPs can be held criminally liable (last paragraph of Article 248).
• Consulting a lawyer specializing in labor law is recommended if you suspect your employer is engaging in unfair labor practices.

Question 19

VIII. LABOR RELATIONS

C. Unfair Labor Practices

2. By Labor Organizations – Labor Code, art. 260

Answer 19

Unfair Labor Practices (ULPs) by Labor Organizations in the Philippines

The Labor Code outlines actions by labor organizations (unions) that can be considered unfair labor practices (ULPs). Here’s a breakdown of key points with a relatable scenario:
A) What are ULPs by Labor Organizations?**
ULPs by unions involve actions that infringe on worker rights or violate their duty to bargain collectively in good faith. Here are some common examples based on (a) to (f):
1) Coercing Employees into Joining Unions (a):
Threatening workers with violence or ostracization if they don’t join the union.
2) Pressuring Employers for Unfair Dismissals (b):
Demanding an employer fire a worker solely because they aren’t a union member.
3) Refusal to Bargain Collectively (c):
The union unreasonably refuses to negotiate a collective bargaining agreement (CBA) with the employer.
4) Demanding Extortionate Fees (d):
Union demands excessive payments from employers for services not rendered (e.g., exorbitant fees for union negotiation).
5) Accepting Illegal Payments from Employers (e):
Union officials take money or favors from employers to influence negotiations or settle disputes.
6) Violating the CBA (f):
The union breaches the terms and conditions agreed upon in the CBA.

B) Current Event Example:
Imagine news coverage about a strike led by a bus driver’s union. The union demands a significant wage increase but refuses to consider the company’s financial limitations during negotiations. Additionally, some union representatives are suspected of accepting bribes from the company to weaken the strike efforts.

C) Legal Reasoning:
* The union’s inflexible stance regarding wages (c) could be seen as a refusal to bargain in good faith.
* Accepting bribes from the company (e) is a clear ULP.

• Important Note:
• Only union officials or members directly involved in authorizing or carrying out ULPs can be held criminally liable (last paragraph of Article 249).
• Workers who disagree with their union’s actions might have legal recourse depending on the specific circumstances. Consulting a lawyer is recommended in such situations.

Question 20

VIII. LABOR RELATIONS

D. Peaceful Concerted Activities
1. Strikes, Picketing, and Lockouts – Labor Code, art. 278;

Omnibus Rules
Implementing the Labor Code, Book V, Rule XIII

Answer 20

Strikes:
Article 278 recognizes the right of workers to engage in strikes, which are defined as a temporary concerted refusal to work or obstruction of work by employees due to a labor dispute.
A strike can be declared in cases of bargaining deadlocks or unfair labor practices, subject to certain procedural requirements like bargaining collectively first and providing advance notice.

Picketing:
Picketing refers to the peaceful marching or gathering of employees with signs related to the labor dispute they are involved in. Article 278 allows for the right to picket during a labor controversy or in the exercise of self-organization or collective bargaining rights.

Lockouts:
A lockout is defined as the temporary refusal by an employer to provide work to employees, done to compel the employees to accept certain demands related to the labor dispute. Similar to strikes, lockouts by employers are recognized under Article 278 but are subject to procedural requirements like advance notice.

In essence, Article 278 upholds the rights of both workers (to strike and picket) and employers (to lockout) as legitimate actions in the context of labor disputes, while also regulating these actions through procedural requirements aimed at encouraging resolution through collective bargaining first.

Question 21

VIII. LABOR RELATIONS

D. Peaceful Concerted Activities

2. Assumption of Jurisdiction by Secretary of Labor and Employment –
   Labor Code, art. 278 (g); DOLE D.O. No. 40-H-13

Answer 21

Here are the key points of Article 278(g) of the Philippine Labor Code regarding the assumption of jurisdiction by the Department of Labor and Employment (DOLE) Secretary:

• Circumstance for Assumption: The Secretary can take over a labor dispute when, in their opinion, it exists and:
  
  • Causes or is Likely to Cause a Strike or Lockout: The dispute has the potential to disrupt operations through a strike by workers or a lockout by management.
• Industry Involved: The dispute involves an industry considered performing essential services (not explicitly mentioned in Art. 278(g) but clarified in other issuances). This means the industry is critical to the national interest, and a disruption could have significant consequences.
• Effect of Assumption: Once the Secretary assumes jurisdiction:
  
  • Automatic Injunction: Any planned strike or lockout is automatically prohibited.
  • Dispute Resolution: The Secretary has the authority to:
    
    • Decide the Dispute: They can directly reach a settlement themselves.
    • Certify to NLRC for Compulsory Arbitration: If the Secretary chooses not to decide, they can refer the dispute to the National Labor Relations Commission (NLRC) for compulsory arbitration. This means a binding decision will be made after both parties present their arguments.

Key Takeaways:

• This provision empowers the DOLE Secretary to intervene in critical labor disputes that could cause disruptions in essential services.
• The goal is to prevent strikes or lockouts and find a swift resolution through arbitration.
• It’s important to note that while Article 278(g) mentions “essential services,” other issuances like DOLE Department Order No. 40-H-13 provide further clarification on the specific industries considered to fall under this category.

Additional Points:

• The Secretary’s decision to assume jurisdiction is based on their judgment. While not explicitly mentioned in the article, legal processes likely exist to challenge their decision if deemed unfair or unreasonable.

Here are the key points of DOLE Department Order No. 40-H-13 according to Philippine law:

• Focuses on Assumption of Jurisdiction by the Secretary of Labor: This order grants the Secretary of Labor and Employment the power to take control of a labor dispute under specific circumstances.
• Triggering Mechanisms: The Secretary can assume jurisdiction in two ways:
  
  • Motu Proprio: On their own initiative, if they believe a labor dispute poses a significant threat to national interest.
  • Upon Petition: In response to a request or petition from either party involved in the labor dispute.
• Effect of Assumption: Once jurisdiction is assumed, it has the immediate effect of:
  
  • Enjoining Strike or Lockout: Any impending strike or lockout is automatically prohibited.
  • Resumption of Operations: If a strike or lockout is already underway, all striking or locked-out employees and those involved in the strike notice must immediately return to work. The employer must also resume operations and readmit all employees under the same terms and conditions as before the dispute.
• Voluntary or Compulsory Arbitration: Despite the resumption of work, the order allows parties to choose between:
  
  • Voluntary Arbitration: Submitting the dispute to the Secretary of Labor, a duly authorized representative, or a Voluntary Arbitrator (or panel) for settlement.
  • Compulsory Arbitration: If no agreement on voluntary arbitration is reached within a reasonable timeframe, the Department of Labor and Employment can proceed with compulsory arbitration.

Overall, DOLE Department Order No. 40-H-13 aims to prevent disruptions caused by labor disputes and promote a swift resolution process through arbitration.

Question 22

Challenging MCQs on Right to Self-Organization (Philippines) - Bar Exam Prep

Scenario 1:

A news report highlights a group of public school teachers planning to form a union to advocate for better teaching supplies and smaller class sizes. The Department of Education (DepEd) argues that forming a union is unnecessary as teachers can raise their concerns through existing channels.

Question 1:

Based on the scenario, can the public school teachers legally form a union under Philippine law?

a) Absolutely not, government employees are generally prohibited from forming unions.
b) Yes, the right to self-organization applies broadly and includes public school teachers.
c) The answer depends on the specific type of public school (national vs. local government).
d) Teachers can only form a union if existing channels for raising concerns prove ineffective.

Answer 22

Answer: (b) Yes, the right to self-organization applies broadly and includes public school teachers.

Legal Reasoning:

• Article 253 of the Labor Code grants the right to self-organization to employees in various institutions, including educational ones.
• While some government employees might have limitations on union membership depending on their corporation type, public school teachers generally fall under the broad coverage of the right to self-organization.
• The scenario highlights a potential conflict between the teachers’ right to form a union and the DepEd’s stance. However, the legal right to form a union takes precedence in this situation.

Question 23

Question 2:

Imagine a news story about a group of nurses in a private hospital establishing a union to negotiate for higher salaries and improved working conditions. The hospital management claims some of the nurses hold supervisory roles and therefore shouldn’t be allowed to join the union.

Question 2:

Is the hospital management’s argument regarding supervisory nurses valid?

a) Yes, supervisory nurses are ineligible for union membership under any circumstance.
b) No, all nurses, regardless of supervisory roles, can join the same union.
c) The hospital can exclude supervisory nurses if their duties involve making significant hiring and firing decisions.
d) The answer depends on the specific number of supervisory nurses compared to rank-and-file nurses.

Answer 23

Answer: (c) The hospital can exclude supervisory nurses if their duties involve making significant hiring and firing decisions.

Legal Reasoning:

• Article 255 of the Labor Code excludes managerial employees from union membership to avoid conflicts of interest.
• Supervisory nurses can be a grey area. However, if their supervisory duties involve significant decision-making power, particularly regarding hiring and firing of rank-and-file employees, they might be considered ineligible for the same union.
• The key factor is the level of supervisory authority. Nurses with limited supervisory tasks (e.g., overseeing a small team) can likely join the rank-and-file union.

Question 24

What are the Formalities for the right to self organisation?

Answer 24

Key Points on Registration Requirements for Labor Unions and Workers’ Associations (Philippines)

These rules outline the essential steps for registering a labor union or worker’s association in the Philippines.

1. Application Process:
   * The union or association needs to submit an application for registration along with any accompanying documents.
   * This application must be certified under oath by a designated officer (either the Secretary or Treasurer) and further verified by the President’s signature.
2. Registration Fee:**
   * Upon submitting the application and required documents, a registration fee needs to be paid.
   * Once the fee is settled, the union or association will receive a certificate of registration, formally recognizing their existence.
   Example:
   Imagine a group of factory workers decides to form a union to advocate for better working conditions. To become an official union, they would need to:
3. Prepare an Application: This document outlines the union’s purpose, membership details, and leadership structure.
4. Certification and Attestation: The union’s Secretary (or Treasurer) would swear under oath that the information in the application is accurate. Additionally, the President would sign the application to verify its authenticity.
5. Registration Fee Payment: Once the application and documents are complete, the union would pay the required registration fee.
6. Certificate of Registration: After successful registration and fee payment, the government would issue a certificate officially recognizing the union, allowing them to operate legally.

• Important Note:
  These rules provide a general overview. The specific requirements and accompanying documents might vary depending on the government agency handling the registration process. It’s advisable to consult the relevant agency’s website or seek guidance from a lawyer specializing in labor law for the most up-to-date information.

Question 25

Scenario:

A news report details a growing dispute between a fast-food chain and its newly formed employee union. The union is demanding higher wages and stricter health protocols in the kitchens. Management responds by:

1. Scheduling mandatory “information sessions” where supervisors downplay the benefits of union membership.
2. Granting surprise bonuses to a select group of high-performing employees, none of whom are vocal union supporters.

Question 1:

Based on the scenario, which of the following actions by the fast-food chain MOST LIKELY constitutes an unfair labor practice (ULP)?

a) Holding mandatory information sessions about unionization.
b) Granting bonuses to high-performing employees.
c) Privately criticizing the union to other employees.
d) Implementing stricter health protocols without negotiation.

Answer 25

Answer: (a) Holding mandatory information sessions about unionization.

Legal Reasoning:

• Article 248(a) of the Labor Code prohibits employers from interfering with, restraining, or coercing employees in their right to self-organization.
• Mandatory sessions led by supervisors could be seen as an attempt to dissuade employees from joining the union, especially if the information presented is biased or negative.

Question 26

Question 2:

Imagine the scenario progresses, and the union files a complaint alleging unfair labor practices. How might the fast-food chain defend its decision to grant bonuses to a select group of employees?

a) They can claim the bonuses were based on a pre-existing performance incentive plan.
b) There’s no ULP as long as the bonuses weren’t explicitly promised for abandoning the union.
c) They can argue the bonuses were a random act of goodwill not intended to influence union membership.
d) The company has the right to freely distribute bonuses without justification.

Answer 26

Answer: (a) They can claim the bonuses were based on a pre-existing performance incentive plan.

Legal Reasoning:

• While offering bonuses during a unionization drive can be suspicious, the company has some leeway if they can demonstrate a legitimate reason for the bonuses.
• Option (a) provides a credible defense - a documented performance incentive plan justifies the bonuses and weakens the claim of trying to influence union membership.

Important Note:

• The burden of proof lies with the employee/union to establish that the employer’s actions constitute an unfair labor practice.
• The specific facts of the case will be crucial in determining whether the employer’s actions were lawful. Consulting a lawyer is recommended for navigating these complexities.

Question 27

Scenario:

A news story highlights tensions between a nurses’ union and a hospital management. The union leadership is accused of:

1. Implementing a mandatory “orientation” for new nurses where they heavily promote the benefits of joining the union and subtly criticize alternative employee associations.
2. Demanding the hospital fire a nurse who recently voiced public opposition to a specific provision in the proposed collective bargaining agreement (CBA).

Question 1:

Based on the scenario, which of the following actions by the nurses’ union MOST LIKELY constitutes an unfair labor practice (ULP)?

a) Holding an orientation session promoting union membership.
b) Demanding the firing of a nurse who opposes a CBA provision.
c) Organizing protests outside the hospital demanding better pay.
d) Imposing high membership fees on new nurses joining the union.

Answer 27

Answer: (b) Demanding the firing of a nurse who opposes a CBA provision.

Legal Reasoning:

• Article 249(a) of the Labor Code prohibits labor organizations from restraining or coercing employees in their right to self-organization.
• Demanding the dismissal of a nurse solely because they disagree with a specific aspect of the CBA would be considered an attempt to coerce employees who might hold similar views.

Question 28

Question 2:

Imagine the scenario progresses, and the hospital files a complaint alleging ULPs against the union leadership. How might the union defend its actions regarding the mandatory orientation for new nurses?

a) They can claim the orientation is simply an educational session about worker rights.
b) There’s no ULP as long as new nurses aren’t pressured to join the union.
c) Citing the benefits of union membership is a legitimate exercise of their right to self-organization.
d) They can argue new nurses need to understand the advantages of being unionized.

Answer 28

Answer: (c) Citing the benefits of union membership is a legitimate exercise of their right to self-organization.

Legal Reasoning:

• While the line between promoting union membership and coercion can be blurry, the union has some leeway to inform potential members about its advantages.
• Option (c) provides a credible defense - explaining the benefits of union membership falls under the right to self-organization, especially if the information is presented objectively without pressuring new nurses to join.

Important Note:

• The specific facts presented in the case will be crucial in determining whether the union’s actions constitute ULPs. Consulting a lawyer is recommended for navigating these complexities.

Question 29

Scenario:

A large hospital has a registered union with a designated bargaining unit consisting only of nurses. The union recently admitted several administrative staff members (not nurses) into its membership. A concerned nurse argues that including non-bargaining unit employees in the union creates a conflict of interest and weakens the nurses’ bargaining power during CBA negotiations.

Question:

Is the inclusion of administrative staff members in the hospital union a valid concern according to Philippine labor law?

a) Yes, the union’s registration might be revoked for including non-bargaining unit members.
b) Yes, administrative staff can’t be union members if they’re not part of the bargaining unit.
c) No, the law allows unions to have members outside the bargaining unit, and this doesn’t affect the registration.
d) No, nurses can’t object to other employees joining the union, even if they’re not part of the bargaining unit.

Answer 29

Answer: (c) No, the law allows unions to have members outside the bargaining unit, and this doesn’t affect the registration.

Legal Reasoning:

Article 247 of the Labor Code states that including employees outside the bargaining unit as union members is not a ground for canceling the union’s registration.
Unions can have a broader membership than just the bargaining unit. This allows for solidarity among employees with shared interests, even if they have different roles within the company.
While the nurse might be concerned about potential conflicts of interest during negotiations, the law prioritizes the right of employees to join unions regardless of their bargaining unit status.
Important Note:

The scenario doesn’t mention any specific actions by the administrative staff that would create a conflict of interest.
The bargaining unit representatives (nurses) are still responsible for advocating for the best interests of the nurses during CBA negotiations.

Question 30

Scenario:

A news report highlights a dispute between a teachers’ union and the Department of Education (DepEd). The union is proposing a substantial increase in membership fees to fund legal challenges against the government’s recent policy on performance-based bonuses for teachers. They plan to achieve this through a combination of:

1. Increasing the monthly union dues through a vote at the next general membership meeting.
2. Implementing a mandatory “solidarity fee” from all teachers (union members and non-members) covered by the collective bargaining agreement (CBA) between the union and DepEd.

Question 1 (Check-Off Fees):

Imagine some teachers who are not members of the union are concerned that the new policy will lead to automatic deductions from their salaries to support the union’s legal battles. Can the union require mandatory check-off of the increased dues or the “solidarity fee” from non-members?

a) Yes, all teachers under the CBA must contribute to the union’s legal efforts.
b) Yes, the union can require check-off of increased dues from members with proper authorization.
c) No, mandatory check-off cannot be imposed on non-members for the “solidarity fee.”
d) No, the union cannot increase dues or impose any fees without government approval.

Answer 30

Answer: (c) No, mandatory check-off cannot be imposed on non-members for the “solidarity fee.”

Legal Reasoning:

• The concept of check-off requires written authorization from individual employees (members or non-members) for any deductions from their salaries.
• The scenario mentions a mandatory “solidarity fee” for all teachers, including non-members.
• The Philippines does not have mandatory agency fees (unlike some “right-to-work” countries).

Question 31

Scenario:

A news report highlights a dispute between a teachers’ union and the Department of Education (DepEd). The union is proposing a substantial increase in membership fees to fund legal challenges against the government’s recent policy on performance-based bonuses for teachers. They plan to achieve this through a combination of:

1. Increasing the monthly union dues through a vote at the next general membership meeting.
2. Implementing a mandatory “solidarity fee” from all teachers (union members and non-members) covered by the collective bargaining agreement (CBA) between the union and DepEd.

Question 2 (Special Assessments):

The scenario describes the increased membership dues as a way to fund legal challenges. How can the teachers’ union ensure they comply with Philippine labor law regarding this increase?

a) The union leadership can simply announce the new dues rate at the next general meeting.
b) A majority vote at the general membership meeting is required to approve the increased dues.
c) The union only needs approval from the government agency regulating teachers.
d) The increased dues cannot be implemented unless all members agree.

Answer 31

Answer: (b) A majority vote at the general membership meeting is required to approve the increased dues.

Legal Reasoning:

• The scenario suggests the increased dues are a special assessment beyond regular membership fees.
• Philippine law requires written approval from a majority of union members in a properly convened general membership meeting for special assessments or fees.

Question 32

Scenario:

A news report highlights a dispute between a teachers’ union and the Department of Education (DepEd). The union is proposing a substantial increase in membership fees to fund legal challenges against the government’s recent policy on performance-based bonuses for teachers. They plan to achieve this through a combination of:

1. Increasing the monthly union dues through a vote at the next general membership meeting.
2. Implementing a mandatory “solidarity fee” from all teachers (union members and non-members) covered by the collective bargaining agreement (CBA) between the union and DepEd.

Question 3 (Agency Fees):

The scenario mentions the “solidarity fee” specifically targeting non-union members. Is such a mandatory fee for non-members legal in the Philippines?

a) Yes, all teachers benefiting from the CBA must contribute to the union’s legal efforts.
b) Yes, the union can impose a mandatory fee on non-members as long as it’s approved by the government.
c) No, the Philippines prohibits mandatory fees from non-members for collective bargaining activities.
d) The legality depends on the specific details and purpose of the “solidarity fee.”

Answer 32

Answer: (c) No, the Philippines prohibits mandatory fees from non-members for collective bargaining activities.

Legal Reasoning:

• The excerpt on check-off fees clarifies that the individual authorization requirement (for check-off) doesn’t apply to non-members of the recognized bargaining agent. This suggests no mandatory fees can be imposed on non-members.
• The “solidarity fee” seems to be an attempt to collect funds from non-members to support the union’s legal efforts, which is not allowed under Philippine labor law.

Question 33

VIII. LABOR RELATIONS
A. Right to Self-Organization

4. Registration of Unions,
   Chartering,
   Cancellation of Registration
   – Labor Code, arts. 240, 241, 245 and 247

CHARTERING UNION - EXPLAIN

Answer 33

Local Union Chapters in the Philippines: A Simplified Guide

National Unions Can Create Local Chapters (the Easy Part):

• A registered national union can directly establish a local chapter by issuing a charter certificate.
• This grants the local chapter the right to file for a certification election (where workers choose their bargaining representative).

Full Legal Status Requires More (Do Your Homework):

• To gain all the rights and privileges of a legitimate union, the local chapter must submit additional documents:
  
  • Names & Addresses of Chapter Officers & Location of Main Office
  • Local Chapter’s Constitution & By-Laws (or confirm they match the national union’s)
• These documents need to be certified by the chapter secretary/treasurer and confirmed by the president.

Remember:

• The charter certificate allows filing for a certification election, but full legal status requires additional steps.

Question 34

VIII. LABOR RELATIONS
A. Right to Self-Organization

4. Registration of Unions,
   Chartering,
   Cancellation of Registration
   – Labor Code, arts. 240, 241, 245 and 247

CANCELLING UNION - EXPLAIN

Answer 34

Cancellation of Union Registration in the Philippines: Bar Exam Essentials

Losing Your Union’s Registration: Grounds and Safeguards

This is a crucial concept for remembering the cancellation process for labor unions in the Philippines:

1) Cancellation Authority:
Only the Department of Labor and Employment (DOLE) Bureau can revoke a union’s registration after a proper hearing.
2) Grounds for Cancellation:
These are limited to the reasons outlined in Article 239 (see below).

A) Cancellation Won’t Stop These Actions:
* Certification Election Proceedings: A petition to cancel a union’s registration won’t halt ongoing certification election proceedings (where workers choose their bargaining representative).
* Filing New Petitions: Even if facing cancellation, a union can still file a new petition for a certification election.

B) Post-Cancellation Options:
* Legal Remedies: A union can still pursue legal action in appropriate courts if their registration is revoked.

C) Cancellation Grounds to Remember (Article 239):
1. Fraudulent Documents (a):
Submitting false documents or manipulating information related to the union’s constitution, by-laws, or election processes can lead to cancellation.
Example:
A union might fabricate meeting minutes to show a higher membership approval for a controversial amendment to their by-laws.
2. Deception in Elections (b):
Lying about qualifications, tampering with votes, or other deceitful actions during officer elections can be grounds for cancellation.
Example:
A union leader might falsify voter lists to ensure their re-election.
3. Voluntary Dissolution (c):
If union members vote to officially dissolve the organization, their registration will be cancelled.
Example:
A union might decide to disband due to internal conflicts or a significant decline in membership.

• Remember:
• These are just a few key points. For a comprehensive understanding, consult the full text of the Labor Code.
• Understanding these cancellation grounds can help unions maintain proper recordkeeping and ethical practices to avoid legal troubles.

Question 35

Challenging MCQs on Doctrine of Necessary Implication and Confidential Employees:

Question 1:

An employee works in the marketing department of a company. They have access to customer data and marketing strategies, but no access to employee records, salary information, or labor relations plans. Can this employee be classified as a confidential employee excluded from joining a union under the Doctrine of Necessary Implication?

• A. Yes, because all employees who work in a department with confidential information are excluded.
• B. Yes, because the potential for any confidential information access creates a conflict.
• C. No, because their access does not involve labor relations matters as outlined in the doctrine.
• D. No, because the company’s marketing strategies are not considered confidential under labor law.

Answer 35

Answer: C. No, because their access does not involve labor relations matters as outlined in the doctrine.

Legal Reasoning:

The Doctrine of Necessary Implication excludes confidential employees specifically due to potential conflicts with labor relations information. While the employee has access to confidential data, it pertains to marketing, not labor relations. Therefore, the rationale for exclusion under the doctrine wouldn’t apply in this case.

Question 36

Question 2:

A company argues that all employees who manage even a small team (team lead) should be excluded from joining a union due to their supervisory role. Is this argument valid under the Doctrine of Necessary Implication and Philippine labor law?

• A. Yes, because any supervisory role inherently involves access to confidential information.
• B. Yes, because team leads are considered managerial employees already excluded from joining unions.
• C. No, because the doctrine only applies to highly confidential roles, not typical team leads.
• D. No, because team leads are classified as rank-and-file employees with the right to self-organization.

Answer 36

Answer: C. No, because the doctrine only applies to highly confidential roles, not typical team leads.

Legal Reasoning:

The Doctrine of Necessary Implication excludes confidential employees, not all supervisory roles. Team leads typically wouldn’t have access to the level of confidential labor relations information that the doctrine targets. Philippine labor law recognizes a distinction between managerial employees (excluded from unions) and rank-and-file employees (with the right to self-organization). Team leads typically fall under the latter category.

Question 37

Challenging MCQs on Union Security Clauses (Bar Exam Prep):

Scenario: Mega Delivery, a logistics company, recently signed a Collective Bargaining Agreement (CBA) with its company-wide union. The CBA includes a union shop clause requiring all employees to join the union within 30 days of their employment start date. Mark, a new delivery driver for Mega Delivery, is a strong believer in worker rights but philosophically opposed to joining any union. He argues that the mandatory union shop clause violates his right to freedom of association.

Question 1:

Mark claims the union shop clause in the CBA is unconstitutional. Is he likely to succeed in his argument?

• A. Yes, because the mandatory union shop clause forces him to join an organization he disagrees with.
• B. No, because the Labor Code allows union shop clauses in CBAs, and the Supreme Court has upheld their validity.
• C. It depends on whether the union shop clause applies only to positions directly involved in collective bargaining.
• D. It depends on whether Mega Delivery offers alternative ways for Mark to support the union without joining.

Mark’s objection is unlikely to overturn this established legal framework.

Answer 37

Answer: B. No, because the Labor Code allows union shop clauses in CBAs, and the Supreme Court has upheld their validity.

Legal Reasoning:

While Mark has a right to freedom of association, the Philippine Labor Code (Article 259[e]) explicitly allows union shop clauses in CBAs. Supreme Court rulings have also upheld the validity of these clauses for promoting stable labor relations.

Question 38

Question 2:

Suppose Mark refuses to join the union within 30 days and Mega Delivery fires him based on the union shop clause. Can Mark successfully challenge his termination?

• A. Yes, because the union shop clause is inherently unfair and restricts his right to work.
• B. No, because the CBA provision is a valid contract, and dismissal for non-compliance is likely considered justified.
• C. It depends on whether Mark was properly informed about the union shop clause before his employment began.
• D. It depends on whether the union has a legitimate reason for requiring membership from all employees.

Answer 38

Answer: B. No, because the CBA provision is a valid contract, and dismissal for non-compliance is likely considered justified.

Legal Reasoning:

Assuming the union shop clause is valid and clearly communicated to Mark during his hiring process, his refusal to join the union would be a violation of the CBA. The Supreme Court has recognized the enforceability of union shop clauses, and termination for non-compliance could be considered justified under labor jurisprudence. Mark’s challenge would likely be unsuccessful unless there were procedural irregularities in enforcing the clause.

Question 39

Scenario: The National Teachers’ Union (NTU) represents public school teachers across the country. Their existing CBA with the Department of Education (DepEd) expires on December 31, 2024. The NTU is concerned about teacher workload and is considering proposing a reduction in class sizes during the upcoming negotiations.

Question 1:

On November 15, 2024 (within the freedom period), the NTU serves notice to DepEd that they intend to amend the CBA. However, DepEd claims the notice is invalid because it was served before the official start of the freedom period (November 1, 2024). Is DepEd’s argument valid?

• A. Yes, because the freedom period starts exactly 60 days before the CBA expiration. Any notice served before that is premature.
• B. No, the NTU’s notice is valid as long as it’s served within the 60-day window before the CBA expires. The specific date within that window is irrelevant.

Answer 39

Answer: B. No, the NTU’s notice is valid as long as it’s served within the 60-day window before the CBA expires.

Legal Reasoning:

The freedom period is a 60-day window before the CBA expiration. The key concept is serving the notice within this window. The specific date within the 60 days doesn’t invalidate the notice as long as it precedes the expiration. The NTU’s notice served on November 15th falls within the legal timeframe.

Question 40

Question 2:

Suppose by December 10, 2024 (within the freedom period), neither the NTU nor DepEd serves a notice to amend or terminate the CBA. What happens to the existing agreement?

• A. The CBA automatically terminates on December 31, 2024, and the teachers will be working without a contract.
• B. The existing CBA is automatically renewed for another period, typically the same duration as the original agreement.
• C. Negotiations for a new CBA must still take place despite the lack of notice from either party.
• D. The freedom period is extended for an additional 30 days to allow for last-minute notices.

Answer 40

Answer: B. The existing CBA is automatically renewed for another period, typically the same duration as the original agreement.

Legal Reasoning:

If no notice is served by either party during the freedom period, the existing CBA is automatically renewed. The renewal period is typically the same duration as the original agreement (although specific details might vary depending on the original CBA). In this scenario, the absence of a notice to amend or terminate results in an automatic renewal.

Question 41

Here are 3 unrelated and challenging multiple choice questions (MCQs) on the topic of assumption of jurisdiction by the Secretary of Labor under Article 278(g) of the Philippine Labor Code and DOLE Department Order No. 40-H-13, along with the answers and legal reasoning:

1. A labor union in a major telecommunications company has filed a notice of strike due to a deadlock in collective bargaining negotiations. The Secretary of Labor believes that a strike in this industry could severely disrupt essential communication services nationwide. Which of the following actions can the Secretary take under Article 278(g)?

a) Issue an order prohibiting the strike but allow the bargaining deadlock to continue
b) Assume jurisdiction over the dispute, prohibit the strike, and directly decide on the dispute themselves
c) Assume jurisdiction over the dispute, prohibit the strike, and certify the dispute for compulsory arbitration before the NLRC
d) Any of the above

Answer 41

Answer: d) Any of the above

Legal Reasoning: Article 278(g) gives the Secretary broad discretion to assume jurisdiction over a labor dispute if, in their opinion, it exists in an industry indispensable to the national interest (or performing essential services) and is likely to cause a strike or lockout. Once jurisdiction is assumed, the Secretary can either decide the dispute themselves or certify it for compulsory arbitration before the NLRC. In this case, the telecommunications industry can be considered an essential service, so the Secretary has the authority to take any of the mentioned actions to prevent the disruption caused by a strike.

Question 42

2. A major shipping company is facing a lockout threat from management due to a dispute over proposed changes to employee benefits. The union has petitioned the Secretary of Labor to assume jurisdiction, arguing that a lockout would severely disrupt international trade and logistics. However, the Secretary believes that the dispute does not involve an essential service. What is the likely outcome?

a) The Secretary must assume jurisdiction since a party has petitioned for it
b) The Secretary can assume jurisdiction but is not obligated to do so
c) The Secretary cannot assume jurisdiction as the industry is not considered essential
d) The Secretary must first refer the matter to the NLRC before deciding on assumption

Answer 42

Answer: b) The Secretary can assume jurisdiction but is not obligated to do so

Legal Reasoning: While DOLE Department Order No. 40-H-13 allows the Secretary to assume jurisdiction upon petition from either party, the key requirement under Article 278(g) is that the dispute must involve an industry considered indispensable to the national interest or performing essential services. If the Secretary believes that the shipping industry does not meet this criteria, they have the discretion to deny the petition for assumption of jurisdiction, even if a party has requested it.

Question 43

3. In a labor dispute involving a major hospital, the Secretary of Labor has assumed jurisdiction and ordered the resumption of operations. The union has agreed to voluntary arbitration, but the hospital management is refusing to participate. What is the likely consequence?

a) The Secretary must dismiss the assumption of jurisdiction since voluntary arbitration was not agreed upon
b) The Secretary can proceed with compulsory arbitration before the NLRC
c) The Secretary must issue a return-to-work order and allow the strike to proceed
d) The Secretary must refer the matter back to the parties for further negotiation

Answer 43

Answer: b) The Secretary can proceed with compulsory arbitration before the NLRC

Legal Reasoning: According to DOLE Department Order No. 40-H-13, if the parties fail to agree on voluntary arbitration within a reasonable timeframe after the assumption of jurisdiction, the Secretary can proceed with compulsory arbitration before the NLRC. In this case, since the hospital management is refusing to participate in voluntary arbitration, the Secretary has the authority to refer the dispute directly to the NLRC for compulsory arbitration, which will result in a binding decision.