Labor 2 under Kua Flashcards
(227 cards)
1
Q
Labor relations
A
How the law manages the relationship between ER-EE, while in the workplace and after the relationship has been settled
2
Q
Trade unionism
A
Empowering the employee to negotiate in better terms
3
Q
7 Cardinal Rights
A
- Self-organization
- Collective bargaining & negotiation
- Peaceful Concerted Activities, inc. the Right to Strike
- Security of Tenure
- Humane Conditions of Work
- Living Wage
- Participate in Policy & Decision-Making Processes
4
Q
Preferred method of dispute settlement
A
Voluntary modes in settling disputes, including conciliation
5
Q
Methods of dispute settlement (Art. 218)
A
Free collective bargaining and negotiations, including VA, mediation and conciliation
6
Q
Estate of Dulay v. Aboitiz
A
It is settled that when the parties have validly agreed on a procedure for resolving grievances and to submit a dispute to voluntary arbitration then that procedure should be strictly observed.
7
Q
Kiok Loy
A
Collective bargaining is designed to stabilize the relation between labor and management and to create a climate of sound and stable industrial peace. It is a mutual responsibility of the employer and the Union and is characterized as a legal obligation.
8
Q
When does the obligation to collectively bargain set in?
A
1) Possession of the status of majority representation of the employees’ representative in accordance with any of the means of selection or designation provided by the LB
2) Proof of majority representation; and
3) A demand to bargain under Art. 251 (a) of the New Labor Code
9
Q
Trade union
A
Registered with DOLE and gives its officers different obligations (ex. education of labor rights)
10
Q
Work enlightenment (Art. 250)
A
Duty of LOs and officers to inform members on:
1) CBL
2) CBA
3) Prevailing labor relations systems
4) Rights and obligations under current laws
11
Q
Consequence of violating the work enlightenment right?
A
Ground for cancellation of union registration or expulsion of officers from office (needs 30% members of union to report)
12
Q
Nature of NLRC
A
For program and policy coordination; independent from SOLE; has appellate jurisdiction over cases by LA
13
Q
When does the NLRC sit en banc?
A
For purposes of (1) promulgating RRs governing the hearing and disposition of cases and (2) formulating policies affecting its administration and operations
14
Q
When can another NLRC division hear one from another jurisdiction?
A
On temporary or emergency basis.
CONDITIONED ON:
- The docket allowing additional workload
- The transfer won’t expose litigants to unnecessary addt’l expense
15
Q
How does the NLRC promulgate judgement?
A
Concurrence of 2 commissioners of a division.
If can’t be obtained, Chairman can designate additional Commissioners from other divisions
16
Q
Jurisdiction of LAs and NLRC (Art. 224)
A
- ULP
- Termination disputes
- Cases involving wages, rates of pay, hours of work and other terms and conditions of employment (if w/ a claim for reinstatement)
- Claims for damages arising from ER-EE relations
- Cases arising from violation of Art. 279 (Prohibited Activities), inc questions re: legality of strikes and lockouts
- All other claims from ER-EE relations including domestic services involving more than 5K regardless of whether accompanied with a claim for reinstatement (except employees compensation, SSS, Medicare and maternity benefits)
- Also those involving interpretation/implementation of CBA or interpretation/enforcement of company personnel policies when referred by the grievance machinery and VA in the agreement
17
Q
When does NCMB have jurisdiction
A
Prior to union registration
18
Q
Procedure in NCMB (Art. 261)
A
- NCMB will intervene upon request of either/both parties or at its own initiative
- NCMB will call parties to conciliation meetings (can issue subpoenas)
- During it, parties are prohibited from doing acts which may disrupt/impede early settlement
19
Q
Jurisdiction of BLR/LRD (Art. 232)
A
- All inter-union and intra-union conflicts
- All disputes, grievances or problems arising from/affecting labor-management relations in all workplaces (WON agri/non-agri)
EXC: Implementation/interpretation of CBA which is subject to grievance procedure and/or VA
20
Q
How many days does the BLR have to work on a labor case
A
15 working days subject to extension
21
Q
Jurisdiction of VAs (Art. 274)
A
- All unresolved grievances from interpretation/implementation of CBA
- Interpretation/enforcement of company personnel policies
- All other disputes including ULP and bargaining deadlocks (upon agreement)
- CBA violations not gross in character are not ULP and = resolved as grievances in the CBA
22
Q
Administrative Intervention for Dispute Avoidance (AIDA)
A
-Happens before VA to solve issues in its grassroots
- For the settlement of any potential or ongoing disputes
23
Q
Potential or ongoing dispute
A
An active dispute that is not yet the subject of any complaint/notice of strike/lockout
24
Q
VA vs. LA
A
- VA is a private individual arising from contract
- LA jurisdiction arises from law, judge of the labor court
25
Conciliation vs. Mediation vs. Arbitration
1. C -- can't compel anything; is meant to advise the parties on the price of things without going into the merits of the case
2. M -- can't compel; but goes into the issues of the case
3. A -- can compel and has the NLRC sheriff to enforce it
26
Tripartite Arbitration Advisory Council (TVAAC)
Advises the NCMB on matters pertaining to the promotion of voluntary arbitration as the preferred mode of dispute settlement.
27
On what matters can employees participate in (at a bare minimum)?
Those concerning their rights and obligations affecting union member rights
28
Employer (Art. 219)
- Any person acting in the interest of an employer
- can include LO or its officers/agents when acting as such
29
Alba v. Yupangco
Officers are only solidarily liable when:
1) They vote for/assent to patently unlawful acts of the corporation;
2) Act in bad faith or with gross negligence in their direction
Ex. Terminating employees in bad faith
30
Employee (Art. 219)
Any person in the employ of an employer including those whose work has ceased as a result of or in connection with any current labor dispute or because of any ULP if he has not obtained any other substantially equivalent and regular employment
31
Labor organization
Any union/association of employees which exists in whole or in part for the purpose of collective bargaining or with dealing with ERs concerning terms and conditions of employment (Art. 219).
32
Airline Pilot Association v. CIR
You cannot subscribe to a restrictive interpretation of LO. An LO cannot be limited to employees of a particular employer
33
LLO
Any labor org registered with DOLE (219)
34
Cebu Seamens' v. Calleja
It's registration with DOLE, not SEC that is affirmative of your rights as an LLO
35
Company Union
Any labor organization whose formation, function or administration had been assisted by an act defined as ULP (219)
36
Labor dispute
Any controversy or matter re: terms and conditions of employment or the ass'n or representation of persons in negotiating, fixing, maintaining, changing or arranging the ters and conditions of employments (219)
37
Managerial employee
One vested with powers or prerogatives to
1) lay down and
2) execute management policies and
3) hire, transfer, suspend, lay-off, recall, discharge, assign or discipline employees
38
Supervisory employees
Those who, in the interest of the employer,
1) effectively recommend such managerial actions (if such exercise is not merely routinary or clerical) that requires the use of independent judgement.
39
Strike
Any temporary stoppage of work by concerted action because of an industrial/labor dispute
40
Lockout
Any temporary refusal of an employer to furnish work because of an industrial or labor dispute
41
Strike-ller
Any person who obstructs, impedes, or interferes with by force, violence, coercion, threats or intimidation, any peaceful picketing on wages, hours or conditions of work or in the exercise of the right to self-organization/collective bargaining
42
Strike area
Establishment, warehouses, depots, plants or offices, including the sites or premises used as runaway shops, of the employer struck against including the immediate vicinity actually used in moving to and fro points of entrance and exit from the establishment
43
Who has the right to self-organization? (253)
1) All employees in commercial, industrial agri, religious, charitable, medical. and educational institutions whether operating for profit/not
2) Gov't Corporate Employees (Art. 254)
3) Supervisory employees (255)
4) Aliens (w/ valid permit and from a country that grants similar rights)
5) Security guards
44
Right of ambulant, intermittent and itinerant workers, self-employed people, rural workers, and those without definite employers?
Right to for LOs for their mutual aid and protection
45
Rights of LLOs (Art. 251)
1) Act as representative for its members for the purpose of CB
2) Certified as the SEBA of all employees in an appropriate BU for CB
3) To be furnished by the ER, upon written request, with its annual audited financial statements (Within 30 days from receipt of request after union has been recognized as the SEBA, during 60-day freedom period, during negotiations)
4) Own property for the use and benefit of its members
5) Sue and be sued
6) Undertake all other activities designed to benefit the organization
46
Non-abridgement of right to self-organization (Art. 257)
Unlawful for any person to restrain, coerce, discriminate against or unduly interfere with employees and workers in the exercise of their right to self-organization
47
Reyes v. Trajano
The right to self-organization includes the right not to join or the right to refuse to be represented by any LO
48
Union vs. Workers Association
Union: Any LO in the private sector organized for collective bargaining
Workeres Association: Organization of workers for mutual aid and protection or for any other legit purpose that is not collective bargaining (doesn't need EE-ER)
49
Labor-management councils
Participate in policy and decision-making processes (needs EE-ER relationship)
50
What is the remedy of an employer who sees the LO as including members not allowed the right to self-organization? (AIM v. AIM Faculty Assn)
To file a petition for cancellation of the union's certificate of registration due to misrepresentation
51
Other covered employees with the right to self-organization
1. Non-profit employees (Reyes v. Trajano) (BP 70)
2. Employees of government corporations.
3. Security guards (Meralco v. STEAM & FLAME)
52
Right of all other employees in the civil service (Art. 254)
Right to form associations for purposes not contrary to law
53
Those without the right to join any LO
Managerial employees (Art. 255)
54
Holy Child v. Hon. Sto. Tomas
The inclusion of disqualified persons in a petition for cert election is not a ground for cancellation of registration
55
Rule on aliens
GEN: All aliens are prohibited from engaging directly/indirectly in all forms of trade union activities
EXC: Aliens working in the country with valid permits issued by the DOLE so long as their country grants the same/similar rights to FIlipino workers
56
Work permit from DOLE
Permit may only be given when there is a shortage of Filipinos with the same capability for the job
57
Regulation of foreign assistance (Art. 285)
GEN: NO foreign individual, org, or entity may give any donations, grants or other forms of assistance to any LO, group of workers or any auxiliary thereof (like coops, credit unions, research instis in relation to TU activities)
EXC: If they have prior permission from SOLE
58
Trade union activities
1) Organizing, forming and administering an LO
2) Negotiation and admin of CBAs
3) All forms of concerted union action
4) Organizing union conventions, meetings, rallies, referenda, teach-ins, seminars, conferences and institutes
5) Any form of participation in representation proceedings, elections, and other analogous activities
59
Rule on security guards
EO 111 removed the disqualification of security guards from joining an LO
60
Paper Industries v. Languesma
First-line managers are those that ensure policies are carried out by rank-and-file -- they are really supervisors
Just because an employee is called a manager does not make them so; look at their powers
61
Confidential employees
1) Assist/act in a confidential capacity AND
2) To persons who formulate, determine or effectuate management policies in labor relations
Can be rank and file/supervisory
62
Confidential capacity (Metrolab v. Roldan)
By reason of their position or nature of work, they assist/act in a fiduciary manner to managerial employees and are therefore privy to sensitive and highly confidential data (that may be important to handling labor relations)
63
CENECO v. DOLE
Employees who are members of a coop are not entitled to form/join a union
64
Rule on employees of IOs
IOs are granted political immunity and such immunity extend to labor law. BUT the workers do have rights to self-organization
65
What is the remedy of employees of IOs?
- Look at the dispute mechanism in the int'l convention
- There is a consequence for IOs when there is an abuse of privilege and immunity-- it can be withdrawn by our gov't
66
Singer Sewing Machine v. Drilon
You must be an employee first to have a right to form a labor organiation. A bargaining unit must be composed of employees
67
Mactan Workers v. Aboitiz
The benefits of a CBA extend to all those in the BU, not just those who are also members of the LU chosen as a bargaining representative
68
Consequence for ULP committed by an employer (259)
Officers and agents of corps, associations or partnerships actually participating in, authorized or ratified the ULP shall be held CRIMINALLY LIABLE.
69
Consequence of ULP by labor organization (260)
Officers, members of governing boards, reps, agents or members of LOs actually participating in, authorized or ratified the ULP shall be held CRIMINALLY LIABLE.
70
Other penalties for unlawful acts
- Fine of 1K-10K OR
- Imprisonment of min 3 months, max 3 years
- Or both
71
Requirement of registration for a fed, NU, or industry/trade union center, or independent union (240)
1) P50 reg fee
2) Names of its officers, their addresses, principal address of the LO, minutes of the organization meeting and list of workers who participated in such meeting
3) Annual financial report if in existence for 1/more years; (unless it hasn't collected any from its members in which case, they must issue a statement to this effect)
4) 4 copies of CBL, minutes of its adoption or ratification & the list of members who participated. (This is no longer required when this factual circumstance is recorded in the minutes of the org. meetings)
If an IU, needs names of all its members comprising at least 20% of all the employees in the BU ( and A statement that reports it is not a chartered local of any fed. or NU)
72
Requirements for a local chapter (of a fed or NU) (241)
1) Charter certificate
2) Names of the officers, address, and principal office of the chapter
3) CBL (if it's the same as the fed/NU, then indicate such fact)
**All reqs must be certified to under oath by the sec/treasurer, and attested by its president
73
How many does does the BLR have on application (242)
Within 30 days from filing
74
Remedy of LO when denied? (243)
Appeal it to the BLR if decision was by the regional office. You have 10 days from receipt of notice thereof
75
Additional requirements for Feds or NUs (244)
1) Proof of affiliation of at least 10 locals/chapters (each must be a duly recognized CBA in the establishment they're operating in)
2) Names and addresses of the companies where the locals/chapters operate and list of all the members in each company
76
Grounds for cancellation of registration (247)
1) Misrep, false statement or fraud re: adoption/ratification of CBL or amendments, minutes of ratification, list of members who took part in the ratification
2) Misrep, false statement or fraud re: election of officers, minutes of the election, and list of voters
3) Voluntary dissolution
Failure to comply with period financial report requirements (automatically cancelled) (250)
77
Voluntary cancellation of registration (248)
- At least 2/3 of general membership votes in a meeting duly called for that purpose
- Application submitted by the board, attested by the president
78
Rights and conditions of membership in a LO (250)
a) No arbitrary/excessive initiation fees, or A/E/oppressive fine and forfeiture
b) Full and detailed reports of all financial transaction
c) Right to elect their officers including those of the NU/fed, by secret ballot, at intervals of 5 years with no qualification requirements for candidacy except membership in good standing.
d) Right to determine any question of major policy affecting the entire membership (by secret ballot after due deliberation), UNLESS the nature of the org/force majeure renders secret ballot impractical. In which case, the board may make the decision
e) Can't knowingly admit as member/continue membership of someone who belongs to a subversive org/is engaged in/directly in any subversive activity
f) No person convicted of a crime involving moral turpitude shall be eligible for election as union officer/for appointment
g) No officer, agent or member shall collect any fees UNLESS duly authorized
h) Payment of fees, shall be evidenced by a receipt signed by the officer/agent making the collection and entered into the records of the org
i) Funds shall not be applied for any purpose other than those expressly provided by CBL, or expressly authorized by written resolution adopted by the majority at a general meeting duly called for the purpose
j) Income/revenue shall be evidenced by a record showing its source, along with every expenditure evidenced by a receipt from the person to whom pay (with date, place and purpose of payment)
k) Officers only paid salaries and expenses due to their position as per CBL/written resolution. Any irregularity in such meeting shall be a ground for impeachment/expulsion
l) Treasurer shall render a true and correct account of all money.
m) Books of accounts are open to inspection by any officer/member during office hours
n) No special assessment/extraordinary fees on members except upon written resolution
o) No special assessments, attys fees, nego fees, or extraordinary fees may be checked off from the employee without indiviudal written authorization duly signed by the employee. Such authorization should state the amount, purpose and beneficiary of the deduction
p) Duty of LO and members to inform its members on CBL< CBA< prevailing labor relations system, and all rights and obligations under labor law.
79
Election of officers (250)
Union officer will submit to SOLE list of newly-elected officers with the appointive officers/agents entrusted with handling of funds within 30 calendar days from election/occurrence of any change in the list of officers
80
Actions involving the funds of the org
Prescribes after 3 years from date of submission of the annual financial report to DOLE or from date the same SHOULD have been submitted as per law (whichever is earlier)
81
Rendering of account by treasurer (250)
Done:
1) At least once a year within 30 days after close of fiscal year
2) At such other time required by resolution of majority
3) Upon vacating
Such shall be audited and verified by affidavit and a copy given to SOLE
82
Rights of LLOs (251)
1) Act as representative for its members for the purpose of CB
2) Certified as the SEBA of all employees in an appropriate BU for CB
3) To be furnished by the ER, upon written request, with its annual audited financial statements (Within 30 days from receipt of request after union has been recognized as the SEBA, during 60-day freedom period, during negotiations)
4) Own property for the use and benefit of its members
5) Sue and be sued
6) Undertake all other activities designed to benefit the organization
83
When allowed to levy special assessments or extraordinary fees?
1) Written resolution by
2) Majority of all members
3) In a general membership meeting duly called for that purpose
4) Secretary shall record the minutes of the meeting, which shall be attested to by the President:
- list of members presents
- votes cast
- purpose of assessment
5) Check-off:
- individual written authorization duly signed
- Specifying the amount and purpose and beneficiary of the deduction
84
Repertorial Requirements (to the BLR) (252)
1) CBL, amendments, minutes of ratification and members that took part within 30 days from adoption
2) List of officers, minutes of officers, list of voters within 30 days from election
3) Annual financial reports, within 30 days from close of every fiscal year
4) List of members at least once a year/whenever required
85
Consequence of not filing rep requirements (252)
It's not a ground for cancellation of union registration BUT erring officers are subject to suspension, expulsion or any appropriate penalty
86
La Suerte Cigar v. DoL
Failure to achieve the 30% consent (now 20%) because of the withdrawal of the members from the union before the petition was filed meant that the cert election cannot take place
87
Adamson v. CIR
Supervisors can now be affiliated with the same federation for rank and file because they are independent bodies anyway
88
Tanduay Distiller v. NLRC
Acts of disloyalty like joining another union outside the freedom period warrant their dismissal pursuant to a union security clause
89
Volkshel v. BLR
Petitioner’s act of withdrawing from natitional union ALUMETAL warrants the ending of check off authorization for union dues
90
PLASLU v. CIR
PLASLU has lost its capacity to sue in this Petition as a labor union entitled “to all the rights and privileges granted by law” when the SOLE dropped its name from the list of registered labor organizations in light of its failure to comply with the requirement for inspection of its books of accounts.
91
Heirs of Cruz v. CIR
Agreement is INVALID. The authority of the union to execute a settlement cant be presumed, it must expressly granted
92
Representation Role (267)
The LO selected by the majority of the employees in an appropriate CBU shallbe the exclusive representative for the purpose of collective bargaining.
Bu an individual employee/group of employees always have the right to present grievances to their employer
93
Reg Requirements (Independent Union/TUC)
1) Approximate number of employees in the BU
2) A statement that reports it is not a chartered local of any fed. or NU
3) Name of all its members comprising of at least 20% of the employees in the bargaining unit
94
Reg Requirements (Local Chapter/Chartered Local)
1) Issue a charter certificate
2) If their CBL is the same as their Fed/NU, indicate that
3) Genuineness and Due Execution of supporting requirements are certified under oath by the Sec. or Treasurer of the local and attested to by the President
95
Affiliate vs. Local chapter
- Affiliate is not created via charter certificate but was its own independent union that only later became part of the NU
- If a local charter leaves the NU, it loses its personality but for an Affiliate, disconnection doesn't change its independence
96
Can an employer help form a union?
No, that's a company union. But it can assist.
97
Remedies of an employee with a company union
- Ask for an independent election with DOLE
- Make a new union by filing a petition when the freedom period comes
- File for ULP but that needs concrete evidence
98
Bargaining unit
- It is ultimately determined by MA.
- It is the voting population based on mutuality of interest as to treatment, rights and benefits
99
Methods of establishing majority status
1) Request for SEBA Certification
2) Cert election
3) Consent Election
4) Run-off Election
5) Re-run election
100
Effect of SEBA certification
- Becomes SEBA, enjoy all rights and privileges
- 1-year bar rule (Unless there's a CBA)
101
Requisites for SEBA Certification
1) Name and address of requesting LLO
2) Name and address of company its operating in
3) BU sought to be represented
4) Approximate number of employees in the BU
5) Statement of non/existence of other LOs/CBAs
Certificate of registration/creation/chartered local as certified by President of the federation shall be attached
102
SEBA Certification is issued when:
1) BU is unorganized
2) Requesting union is the only union in the BU
3) CBU majority are members of the requesting union
103
Organized establishment
An enterprise where there exists a recognized/certified SEBA
104
What happens when a petition questioning majority status has been filed against an incumbent SEBA within the freedom period? (Cert election)
- MA shall automatically order an election by secret ballot
QLF: The petition is supported by the written consent of at least 25% of all employees in the BU
105
Certification Election
1) At least a majority of all eligible voters in the unit must have cast their votes
2) LU receiving the majority of VVC is the SEBA
106
Nature of a cert election
- It's not a litigation; it's a non-adversarial investigation with a fact-finding character so it is not bound by technical rules of evidence
107
Issues in a certification proceeding
1) Proper composition and constituency of the BU
2) Veracity of majority membership claims
108
What happens if "No union" wins?
- The BU becomes un-unionized
- 12-month bar rule is set
109
Who files the PCE
1) May be a registered union
2) Employer (the CE becomes mandatory)
3) NU/Federation that issued a charter certificate to its local/chapter (must attach the charter certificate)
4) The local/chapter itself
110
When to file CBE
1) Pre-CBE: Any time except 12-month bar rule of a previous election
2) Post-CBA: Freedom period
111
Where to file PCE
The RO that issued the petitioning union's certificate of registration/creation of a chartered local
112
Double majority rule
1) Total votes cast must be more than 50% of total BU (that's quorum)
2) Winning option also needs to have more than 50% of VVC
113
Local union
Any LO operating at the enterprise level
114
Grounds for denial of PCE
1) Non-appearance for 2 consecutive scheduled conferences before the MA despite notice
2) Unregistered Union
3) No charter certificate
4) Absence of EE-ER
115
Bars to election
5) 1 year bar rule
6) Negotiation/Deadlock bar rule
7) Contract bar rule
8) Lack of support (25%)
116
Consent election
When contending unions agree to the holding of an election
1) MA calls for election
2) MA forwards record of the petition to the RD
3) Election Officer is chosen via raffle in the presence of reps of contending unions (if they want)
4) 1st pre-election conference within 10 days from date of consent election agreement
5) You may have more conferences (but the conducting of extra hearing should not exceed 15 days from the preliminary conference)
6) Contending unions may file pleadings within the 15-day period
7) Local/chapter that is petitioning must secure their certificate of creation at least 5 working days before the election
8) MA resolves the motions and the petition
9) Within 48 hrs from notice of receipt of decision by the parties and finality of the decision, records are remanded to RO for implementation
117
Conditions for Run-off election
1) There was a valid election where majority of the BU votes
2) There were at least 3 choices (inc "No Union")
3) Not one of the contending unions got a majority of the VVC
4) Total number of votes for all unions is at least 50% of VC
5) There is no unresolved challenge of voter/election protest
- "No union" is not a choice in a run-off
118
Conduct of run-off election
1) Conducted within 10 days from the close of election proceedings
2) Notice to be posted by the EO at least 5 days before the actual date of run-off
119
Re-run Election
1) There was a tie between 2 choices
2) Immediate notification by EO of the re-run by posting a notice within 5 days from the election that took place.
3) Re-run is done within 10 days after posting notice
120
Limitation of employers when filing PCE
Limited to:
1) Being notified/informed of petitions of such nature
2) Submitting the list of employees during pre-election conference
121
Atlantic Gulf v. LAKAS-NFL
The regularization of all the regular project employees with at least one year of service and the subsequent membership of said employees with the URFA mean that the alleged regular project employees whom respondent LAKAS-NFL seeks to represent are, in fact, regular employees by contemplation of law and included in the appropriate bargaining unit of said Collective Bargaining Agreement consequently, the
bargaining unit which respondent LAKAS-NFL seeks to represent has already ceased
to exist.
122
DHL v. Buklod
A certification election may be set aside for misstatements made during the campaign, where
1) a material fact has been misrepresented in the campaign;
2) an opportunity for reply has been lacking; and
3) the misrepresentation has had an impact on the free choice of the employees
participating in the election.
123
Oriental Tin Can v. SOLE
There is no problem if a union is unanimously chosen by a majority of the employees as their bargaining representative, but a question of representation arising from the presence of more than one union in a bargaining unit aspiring to be the employees’ representative, can only be resolved by holding a certification election.
124
Process when PCE filed by employer
1) Employer is requested to bargain collectively
2) Employer petitions BLR
3) If. there is no CBA, BLR after hearing orders a certification election
4) Petition is decided within 20 working days
5) Election is conducted within 20 days
125
Hercules Industries v. SOLE
The employer is not a party to a certification election which is the sole or exclusive concern of the workers.
126
Phil Scouts Veterans Security v. Torres
The three security agencies should not even be adverse parties in the certification election itself. It has no legal standing in a certification election as it cannot oppose the petition or appeal the Med-Arbiter's orders related thereto. Its role in certification is that of a mere bystander
127
Prohibited grounds for denial
Inclusion of employees outside of the BU
128
Election proceedings
The period during an election starting from opening to closing of polls, including counting, tabulation and consolidation of votes BUT excluding period for final determination of challenged votes
129
Certification process
1) Union with the majority of VVS is declared SEBA within 5 days from election (QLF: No protest being recorded in the minutes)
2) If the winner is a local chapter with no certificate of creation of chartered local, they shall submit their DOLE-issued cert within 5 days from conclusion of election
130
Failure of election
Number of votes is less than majority of the number of eligible voters and there are no material challenged votes
131
Effect of failure of election
You may file a motion for the immediate holding of another election within 6 months from date of declaration of failure of election
132
NUHWRAI v. SOLE
SC ruled that probationary employees had the right in certification election because the law does not distinguish. However, the supervisory employee should be excluded because by the time they voted they were already supervisory employees for 2 months.
133
PCE Proceedings
1) Any LLO/employer files with the RO
2) RD raffles it to an MA in the presence of petitioner (if they want)
3) MA prepares to serve (1) a notice of preliminary conference for the petitioner & incumbent BA (if any) and (2) the petition to the employer, within 3 working days from receipt of petition -- can be done by personal service, registered mail or by courier service
4) (Done by RD, DOLE personnel, or petitioner) Copy of the petition and notice of preliminary conference to be posted within the same 3 day period in at least 2 conspicuous places in the establishment. If they have multiple-loc workplaces, posting is done in every location
4) Preliminary conference and hearing be held within 10 working days from receipt of petition
5) Within 10 days from last hearing, MA issues a ruling and furnishes a copy to the employer
6) The order (if for an unorganized establishment) is not subject to appeal but any issue arising therefrom may be raised by protest on the conduct and results of the cert election
7) The order (if for an organized establishment)is appealable to the SOLE within 10 days from receipt
8) If no appeal is filed within the 10 day period, The decision is entered into the records with finality
9) Records of the petition transmitted to RD
10) Within 24 hours from receipt of notice of entry of final judgment granting the conduct, RD raffles the case to an EO
11) Within 24 hours from receipt of assignment, EO causes the issuance of notice of pre-election conference to contending unions
12) Pre-election conference is done within 10 calendar days from receipt of EO's assignment and must be completed within 30 days from date of first hearing
13) EO keeps minutes of matters raised during pre-election conference
14) Parties must acknowledge completeness and correctness of it by affixing their signature thereon. If they refuse, EO should note that. In all cases, parties are furnished a copy of those minute
15) EO posts notice of election at least 10 days before it in 2 most conspicious places in the company
16) EO, with authorized reps of contending unions inspects polling place, ballot boxes and polling booths
17) EO prepares ballot in English, Filipino or the local dialect. Ballots = number of voters + reasonable number of extra ballots
18) Ballots are signed at the back by the EO, authorized reps of contending unions. Failure to sign is waiving of their right to do so (EO notes this in minutes and reason why)
19) Voters cast their vote via cross or checkmark. Should it be spoiled, return it to the EO for another ballot
20) Election precincts open and close as per date and time agreed on in the pre-election conference
21) Any voter unintentionally omitted in the list may be allowed to vote if both parties agree (if not, he becomes a segregated vote)
22) EO shall rule on any question raised during election conducts (Exc: challenged votes)
23) Any party-in-interest may file a protest on the elections and such shall be recorded in the minutes
24) Protesting party must formalize their protest within 5 days after close of election proceedings with the MA by providing grounds, arguments and evidence
25) Votes are counted and tabulated by EO in the presence of union reps immediately after closing of precincts
26) Upon completion of canvass, EO gives each rep a copy of the minutes and results of election
27) Ballots and tally sheets are sealed in an evelope and signed by the EO and union reps and transmitted to MA along with minutes and results within 24 hours from completion of canvass. If elections are done in more than 1 region, consolidation of results are made within 15 days from conduct thereof
28) Certification happens within 5 days from day of election (if no protest is recorded)
29) MA decision may be appealed to SOLE within 10 days from receipt of a copy
30) If no appeal filed, order becomes final and executory after the 10 days.
134
Requirements for PCE
1) In writing, verified under oath by Union President, Fed President OR President/any corporate officer authorized by BOD of the ER
2) Name, address and affiliation of petitioner
3) Name, address and nature of ER's business
4) Description of BU
5) Approx. number of EEs in the BU
6) Name, address of other LLUs in the BU
7) Statement indicating:
- if the BU is unorganized/that there is no registered CBA
- if there exists a CBA, that the PCE was filed within the freedom period
- if another union had been previously recognized, that the PCE is filed outside the 1-year period from conduct of recognition and no appeal is pending thereon
8) In an organized establishment, the signature of at least 25% of the EE's in the BU
9) Date and number of certificate of registration
10) If NU/Fed, National president/representative shall certify under oath the existence of its local/chapter
11) Charter certificate
12) Other relevant facts
135
Intervenors in a PCE
- Incumbent BA is automatically a choice in the election as forced intervenor
- If organized establishment: Any LLO other than the incumbent BA may also file a motion for intervention during freedom period
136
Preliminary conference and hearing
Meant to determine:
1) BU to be represented
2) Contending LUs
3) Possibility of a consent election
4) Existence of any bars
5) Other relevant matters for the final disposition of the cas
137
Contents of a ruling on the conduct of a cert election
1) name of employer/establishment
2) Description of BU
3) Statement that none of the grounds for dismissal exist
4) Names of contending LUs (in the order of: the petitioner unions as per their date of filing, forced-intervenors, then "no union")
5) Directive upon the employer and contending unions to submit within 10 days from receipt of this order, (a) the certified list of employees in the BU, (b) or where necessary, payrolls for the members of the BU for the last 3 months prior to petition filing
138
How to appeal from PCE ruling in an organized establishment
- File it with the RO where the petition originated
- Verify it under oath
- Provide memorandum of appeal stating the grounds relied upon
- Provide supporting arguments and evidence
- Provide a copy of the memorandum of appeal to the contending unions and employer
139
Appeal proceedings
1) Submit appeal to RO
2) RD then transmits the same within 24 hours to the SOLE
3) Any party may file a reply (with the SOLE) to the appeal within 10 days from receipt of memorandum of appeal
4) SOLE has 15 days from receipt of the entire records to decide
5) SOLE decision becomes final and executory after 10 days from receipt by the parties
6) Within 48 hours from finality, entire records are remanded to RO for implementation
140
Who are qualified to vote
- All employees that are members of the BU 3 months prior to filing of petition
- Employees dismissed from work but who has contested legality of such dismissal by the time of issuance of Order for the conduct of cert election
141
What happens when there are challenged voters
They shall still be allowed to vote but their votes will be segregated
142
Contents of election notice posted by EO
1) Date, time and venue of election (preferably within the establishment)
2) Names of all contending unions
3) Description of BU and list of eligible and challenged voters
143
Procedure for challenged votes
1) Challenged votes during pre-election conferences, are placed in an envelope sealed by EO in the presence of the voter and reps of contending unions
2) EO writes voter's name, union challenging him, and ground for challenge on the envelope
3) EO and reps shall sign the envelope
4) EO notes all challenges in the minutes of election proceedings
5) Votes shall only be opened and question of eligibility passed upon by MA if the segregated votes will materially alter the election results
144
Yokohama Tire v. Yokohama Employees Union
An employee who has been dismissed from work but has contested the legality of the dismissal in a forum of appropriate jurisdiction at the time of the issuance of the order for the conduct of a certification election shall be considered a qualified voter, unless his/her dismissal was declared valid in a final judgment at the time of the conduct of the certification election.
145
Voting Day
Regular business day of the company unless otherwise agreed upon (old rule)
146
Asian Design v. Calleja
The alleged strike and/or picketing of employees which coincided with the actual conduct of the certification election might have affected the actual performance of work but it did not necessarily make the said date an irregular business day of the company to go against the aforesaid Rule.
147
EUEGI v. GATCORD
UEUGIP failed to adduce substantial evidence to prove that the election should be annulled. Regarding the omission of the union’s name on the notice, the petitioner failed to show that this simple mistake led to demoralization and confusion of its supporters. Regarding the participation of nuns and priests in the election, the Court held that one’s religious convictions may be the basis for an employee joining or refusing to join a labor union.
148
Hijo Resources v. Mejares
Med-Arbiter’s finding of lack of EE-ER relationship for the purpose of Petition for Certification Election does not constitute res judicata on a separate illegal dismissal case before Labor Arbiter. To rule otherwise is tantamount to denial of process.
149
Phil Diamond Hotel v. Diamond Hotel Employees Union
Only the labor organization designated or selected by the majority of the employees in an appropriate collective bargaining unit is the exclusive representative of the employees in such unit for the purpose of collective bargaining.
150
How to collectively bargain (Art. 261)
1) Serve written notice to the other party with a statement of your proposals
2) Employer makes a reply not later than 10 calendar days from receipt of such notice
3) If there are differences regarding the notice and reply, either may request for a conference to begin not later than 10 calendar days from date of request
4) NCMB may intervene if dispute is still not settled and they can issue subpoenas to require attendance of the parties at such meetings
5) During proceedings, parties are prohibited from doing any act which may disrupt early settlement
6) NCMB shall exert all efforts to settle disputes amicably and encourage parties to submit their case to a VA
151
Terms of a CBA (Art 265)
- A CBA re its representation aspect lasts for a term of 5 years
- 60-day freedom period
- All other provisions shall be renegotiated not later than 3 years after its execution
- Any agreement on such provisions entered into within the 6 month period shall retroact to the day immediately following such date
- If the agreement is entered beyond the 6 month, the parties shall agree on the duration of retroactivity
152
KMP v. Trajano
Prior to the filing of the petition for election in this case, there was no such "bargaining deadlock ... (which) had been submitted to conciliation or arbitration or had become the subject of a valid notice of strike or lockout."
153
Divine Word University of Tacloban v. SOLE
There is a deadlock when two or more parties, after exerting reasonable efforts to come into an agreement, fail to do so. In the case at bar, moves were being undertaken only by the respondent union and as such there was no “counteraction” of forces or an impasse to speak of.
154
Letran v. Ass'n of Employees and Faculty of Letran
If a collective bargaining agreement has been duly registered in accordance with Art. 231 of the Labor Code, a petition for certification election or a motion for intervention can only be entertained within 60 days prior to the expiry date of such agreemen
155
PICOP Resources v. Dequilla
The signing of the authorization to file a certification election was merely preparatory to the filing of the petition for certification election, or an exercise of respondents’ right to self-organization.
156
Lingkod Manggagawa v. Rubberworld Phils.
The law is clear: upon the creation of a management committee or the appointment of a rehabilitation receiver, all claims for actions shall be suspended accordingly. No exception in favor of labor claims is mentioned in the law. Labor claims ca1nnot proceed independently of a bankruptcy liquidation proceeding, since these claims would spawn needless controversy, delays, and confusion.
157
Caltex Refinery v. Brillantes
Union can't demand the higher wages because Caltex had a bigger employee size and the inflation numbers they presented were inaccurate
158
Tabangao Shell Assoc. v. Pilipinas Shell
Bargaining does not come with the compellation to accept a proposal/make any concession
159
Collective bargaining agreement
The contract between a LLU and the employer concerning wages, hours of work and all other terms and conditions of employment in a BU
160
Lepanto Ceramics
GEN RULE: bonus is not demandable
But since it became integrate in CBA, its demandable
161
FVC Labor Union v. Sama-Samang Nagkakaisang Manggagagawa
The RULE is that, while the parties may agree to extend the CBA's original five-year term together with all other CBA provisions, any such amendment or term in excess of five years will not carry with it a change in the union's exclusive collective bargaining status. By express provision of Article 253-A, the exclusive bargaining status cannot go beyond five years and the representation status is a legal matter not for the workplace parties to agree upon.
162
Unfair labor practice
Any practice as expressly defined in the Code (Art. 219)
163
List of ULP
- Restraining with employees' exercise of the right to self-organization
164
Duty to bargain
Pre-CBA: Mutual obligation to meet and convene promptly, expeditiously and in good faith
Post-CBA: Not to modify or terminate the CBA
165
Retroactivity of CBA
- If CBA is concluded within 6 months from expiry: Takes effect on the date following the expiry date
- If CBA is concluded beyond the 6 month period, the retroaction date will be what has been agreed upon
166
Duration of a CBA
- 5. years for the representation aspect
- Not more than 3 years for "all other provisions"
167
Automatic renewal clause
Provides that the agreement will be automatically renewed without further action unless a new CBA is entered into.
- Only enforceable if the old CBA continues to be the CBA. Not enforceable if there is a new agent
168
Action by LA
Must resolve ULP cases within 30 calendar days from submission
- Their judgment finding that an ULP has been committed is necessary for criminal prosecution
169
SOLE Assumption of Jurisdiction (Art. 278)
When there exists a labor dispute causing or likely to cause a strike or lockout in an industry indispensable to the national interest, SOLE may assume jurisdiction.
- Preliminary conference within 5 days from issuance of assumption order
- Decision within 30 calendar days from submission of case for resolution
- Final and executory 10 calendar days after receipt by parties
REQUISITES: Both party requests OR Conference (motu proprio or upon request)
170
Effect of SOLE Assumption (Art. 278)
- Automatically enjoins the intended/impending strike or lockout
- If it has already taken place, all employees shall return to work and employer immediately resumes operations and readmits them under the same terms and conditions
171
Culili v. Eastern Telecomm
"unfair labor practice refers to ‘acts that violate the workers' right to organize.’ The prohibited acts are related to the workers' right to self-organization and to the observance of a CBA." The Court has likewise declared that "there should be no dispute that all the prohibited acts constituting unfair labor practice in essence relate to the workers' right to self-organization."
172
Sterling Products v. Loreta
Where an employee has never committed any of the acts mentioned in paragraph (a) of said Section 4, as he has not been connected with any labor organization, nor has he ever attempted to join or assist one, or to contribute thereto, the company cannot be considered as having committed an unfair labor practice in dismissing him.
173
ULP by employers (Art. 259)
- Interfering with the employees' right to self-organization
- Requiring as a condition for employment the non-joining/withdrawal from a labor organization
- Contracting out of services performed by union members
- Interfering with the formation of any LO, including giving support to its supporters
- Discriminating to encourage/discourage membership in any LO
- Dismissing/discriminating against an employee for having given or being about to give testimony
- Violation of the duty to bargain collectively
- Paying nego/attorney's fees to the union/its officers as part of settling collective bargaining issues
- Violating a CBA
Only the officers and agents of the employer that participated, authorized, ratified the ULP are criminally liable
174
ULP by employees (260)
- Interfering with the employees' right to self-organization (But LOs can prescribe their own rules re: membership)
- To cause an employer to discriminate against an employee *inc to members that have been denied union membership
- Violation of the duty to bargain collectively
- To cause an employer to pay/deliver/agree to pay or deliver any money or other things of value (exaction) for services that are not performed (inc demand for fee for union negos)
- To ask for/accept nego/attorney's fees as part of settlement
- To violate a CBA
Only the officers, members of the governing board, reps, or agents, or members of labor associations that have actually participated in, authorized or ratified ULP shall be held criminally liable
175
Schering Employees v. Schering Plough Corp.
The labor union has the burden of proof to present substantial evidence to support its allegations ofr unfair labor practices.
176
Mendoza v. Officers of MW Employees Union
As members of the EB, respondents are presumed to know, observe, and apply the union’s CBL. Thus, their repeated violations thereof, and their disregard of petitioner’s rights as a union member connote willfulness and bad faith.
177
Philippine Blooming Mills
There was also no violation of the CBA because there was no “illegal strike” as contemplated by the respondents. While the mass demonstration involved a temporary stoppage of work and concerted activities, it was not pursued against their employer but against the Pasig police force.
178
Yellow dog contract
Contract provisions whereby an employee agrees that during the period of his employment he will not become a member of a labor union
179
Visayan Stevedor v. CIR
Employees employed during milling season are still considered employees. They shouldn't be terminated because they're not technically fired-- they're just on LOA.
The terminated employees were members of a union
180
Digitel v. Union
Petitioner was engaged in labor-only contracting therefore their termination was not in good faith
181
Progressive Devt. v. CIR
ULP for forming PEU and coercing the complainants to disaff from their current union to join this new one. Then later discriminated against them by not giving work scheds, lessening work days, then later dismissing them
182
Requisites for union security clause
- Clause is applicable
- Union is requesting enforcement of the security clause
- There is sufficient evidence to support the union's decision to expel the employee from the union
183
Closed shop security clause
ER undertakes not to employ any individual who is not a member of the union and said individual, once employed, for the duration of the agreement, must remain a member in good standing as a condition for continued employment.
184
Union shop security clause
Any person can be employed by the ER but once employed, such EE must, within a specific period, become a member of the union and remain as such in good standing for continued employment for the duration of the CBA.
185
General Milling Corp v. Casio
SC stated that for the termination to be valid:
1. Due process must still be complied with; and
2. The employer to conduct an independent investigation to determine whether the termination or disa liation was valid.
186
Del Pilar Academy v. Employees Union
The court held that no requirement of written authorization from the non-union employees is necessary if the non-union employees accept the benefits resulting from the CBA.
187
Mandatory bargaining topics (263)
- Wages
- Hours of work
- All other terms and conditions for employment
188
Guagua National Colleges v. GNC Faculty Labor Union
GNC has no genuine intention to comply with its duty to bargain. It merely went through the motions of negotiations and then entered into an agreement with unions which turned out to be an empty one since it later denounced the same by submitting a reply/counter-proposal.
189
CABEU-NFL v. Central Azucarera de Bais
But the court explained that the company just believed that the union was no longer the representative of the workers. It just wanted to foster industrial peace by following the wishes of the overwhelming majority of its rank and file workers and by negotiating and concluding in good faith a CBA with CABELA. The court ruled that this could not be considered as ULP.
190
Featherbedding
A term given to employee practices which create or spread employment by “unnecessarily” maintaining or increasing the number of employees used, or the amount of time consumed, to work on a particular job
191
Requisites for a charge of CBA violation to be under jurisdiction of LA
- Gross violation of CBA
- Violation pertained to economic provisions of CBA
192
Blue sky bargaining
Making exaggerated or unreasonable proposals
193
Gross violation of CBA
Flagrant and/or malicious refusal to comply with the economic provisions of the CBA
194
Phil. Metal Foundries
The records show that his absences were dated months before, he can already be dismissed as early as March 1963, however he was only handed the notice on October 5, 1963, the same day he sent the request. Such dismissal is undoubtedly an unfair labor practice committed by the company.
195
Royal Undergarment Corp. v. CIR
The court considered the attendant circumstances, the history of the employer’s past conduct and other similar considerations that show a connection between the employer’s action and the union activities of an employee.
196
Grounds for strike or lockout
- Bargaining deadlocks
- ULP
- Flagrant/malicious refusal to comply with economic provisions
- Inter-union and intra-union disputes
- Those that don't follow notice of strike & strike vote reqs
- Those after assumption of SOLE of jurisdiction/certification to compulsory or VA
- Those issues that are already pending in cases
197
Who may declare strike or lockout
- Any certified or duly recognized bargaining representative (in case, wala, any LLO but only on ground of ULP)
- Employer
-
198
Process of UCA for bargaining deadlock
- Notice must be filed with regional branch of NCMB at least 30 days before the intended date
- Serve a copy of the notice on the other party
- NCMB shall exert all efforts at mediation and conciliation
- Give notice to NCMB of the vote meeting at least 24 hours before it
- Submit the decision to declare a strike to vote. IT needs a majority of the total union membership in the BU/majority of the BoD in a secret ballot in a meeting called for that purpose to be approved
- Give results of the voting at least 7 days before the intended. date
- Intended date of strike
- On or before the 30th day of the strike, NCMB shall conduct a referendum by secret balloting on the improved offer of the employer
199
Process of UCA for ULP
- Notice must be filed with regional branch of NCMB at least 15 days before the intended date
- Serve a copy of the notice on the other party
- NCMB shall exert all efforts at mediation and conciliation
- Give notice to NCMB of the vote meeting at least 24 hours before it
- Submit the decision to declare a strike to vote. It needs a majority of the total union membership in the BU/majority of the BoD in a secret ballot in a meeting called for that purpose to be approved
- Give results of the voting at least 7 days before the intended date
- Intended date of strike
- On or before the 30th day of the strike, NCMB shall conduct a referendum by secret balloting on the improved offer of the employer
200
Process of UCA for ULP involving union-busting
- The union may take action immediately after strike vote and submission to the appropriate regional branch of the Board
- On or before the 30th day of the strike, NCMB shall conduct a referendum by secret balloting on the improved offer of the employer
201
Union-busting
Dismissal from employment of any union officer duly elected wherein the existence of the union is threatened
202
Contents of notice to NCMB for strike/lockout
- Names and addresses of employer and union
- Nature of industry
- Number of union members and workers in the BU
- Other relevant data for the facilitating of the dispute like a brief statement of all pending labor disputes
In case of bargaining deadlocks, as far as practicable,
- Unresolved issues in bargaining negotiations
- Written proposal of the union, counter-proposals, and
- Proof of request for conference
In case of ULP, as far as practicable
- The acts complained of and efforts taken to resolve it
202
Contents of notice to NCMB for strike/lockout
- Names and addresses of employer and union
- Nature of industry
- Number of union members and workers in the BU
- Other relevant data for the facilitating of the dispute like a brief statement of all pending labor disputes
In case of bargaining deadlocks, as far as practicable,
- Unresolved issues in bargaining negotiations
- Written proposal of the union, counter-proposals, and
- Proof of request for conference
In case of ULP, as far as practicable
- The acts complained of and efforts taken to resolve it
203
Prohibited activities during picketing
- Any act of violence, coercion or intimidation
- Obstruction of free ingress/egress from employer premises
- Obstruction of public thoroughfares
- (For all persons) Obstruction by force, violence, coercion, threats or intimidation of the peaceful picketing by workers (including aiding/abetting such obstruction)
- Employment/use by an employer of any person to commit such acts ^
204
Allowed injunctions
- Power by NLRC to issue TROs after due notice and hearing
Any ex parte restraining order shall be valid for a period not exceeding 20 days
205
Industries indispensable to national interest
- Hospital
- Electric power
- Water supply (exc: small water supply services like bottling and refilling stations)
- Air traffic control
- Other industries recommended by National Tripartite Industrial Peace Council (TIPC)
206
Should the strike vote be taken within or outside the cooling-o ff period?
Based on NCMB’s primer on strike the seven days are not part of the cooling-o period and therefore must be added to the 15 day or 30 day period.
207
Concerted
"mutually contrived or planned" or "performed in unison."
208
Naranjo v. Biomedic
Re. “mass leave”: It is undeniable that going on leave or absenting ones self from work for personal reasons when they have leave benefits available is an employees right.
209
Club Filipino v. Bautista
Applying this, the Court ruled that the union cannot be faulted for its omission. The union could not have attached the counter-proposal of the company in the notice of strike it submitted to the NCMB as there was no such counter-proposal.
210
Officer participation v. union member participation (Stamford v. Julian)
- Thus, knowingly participating in an illegal strike is a valid ground for termination from employment of a union officer.
- Thus, absent any clear, substantial and convincing proof of illegal acts committed during an illegal strike, an ordinary striking worker or employee may not be terminated from work.
211
NUHWRAIN (1998)
However a mere claim of good faith would not justify the holding of a strike under the aforesaid exception. It is, therefore, not enough that the union believed that the employer committed acts of ULP when the circumstances clearly negate even a prima facie showing to sustain such belief.
In fact, the refusal of petitioners to the proscription of the NCMB, which already dismissed the petitioner’s notices of strike, is reflective of bad faith.
212
Phimco Industries v. PILA
The picketing that respondent PILA officers and members undertook as part of their strike activities effectively blocked the free ingress to and egress from PHIMCO's premises, thus preventing non-striking employees and company vehicles from entering the PHIMCO compound.
213
PILTEA
Failure to conduct the strike vote makes the strike illegal
214
VCMA v. Yballe
In this case, the workers who were dismissed had only just been participating in the illegal strike and was not proven to have conducted illegal acts during said strike. Due to this, they were illegal dismissed and the CA was correct in holding such.
215
Six factors affecting legality
● Contrary to specific prohibition of law
● Violates specific requirement of law
● Declared for unlawful purpose
● Employs Unlawful means
●
Declared in violation of an existing injunction
● Contrary to an existing agreement
216
Reliance Surety v. NLRC (Purpose and means test)
Seating arrangement not valid purpose.
217
HSBC v. NLRC
- To warrant the termination of an officer of the labor organization on that basis, the employer must show that the officer knowingly participated in the illegal strike.
- An ordinary striking employee cannot be terminated based solely on his participation in the illegal strike, for the employer must further show that the employee committed illegal acts during the strike.
218
Solidbank v. EU Garnier
Here, considering that these mass actions stemmed from a bargaining deadlock and an order of assumption of jurisdiction had already been issued by the Secretary of Labor to avert an impending strike, there is no doubt that the concerted work abandonment/boycott was the result of a labor dispute.
219
Automotive Engine Rebuilders v. Progresibong Unyon
In an illegal strike and illegal lockout, when both parties are in pari delicto, such a situation warrants the restoration of the status quo ante and bringing the parties back to their respective positions before the illegal strike and illegal lockout. If reinstatement is no longer feasible, the concerned employees should be given separation pay up to the date set for the return of the complaining employees in lieu of reinstatement.
220
Slowdown
A willful reduction in the rate of work by a group of employees for the purpose of restricting the output of the employer.
- Collectively and premeditatively
- Not allowed unless followed procedure
221
Sit-down Strike
Is a combination of the strike plus a refusal of the strikers to leave the plant and machines, and a refusal to permit the latter to be operated.
- Not allowed unless followed procedure
222
Sympathy Strike
One in which the striking employees have no demands or grievances of their own, but strike for the purpose of directly or indirectly aiding others, without direct relation to the advancement of the interest of the strikers.
- Generally not allowed because no bargaining origin
223
RMalayang Manggagawa ng Stayfast v. NLRC
Participation in a sit-down strike can be a ground for termination if it is made without notice and in violation of company rules.
224
P & A v. Lepon
Urging sympathy strikes may be used by the employer as basis for loss of trust and confidence and an employee’s dismissal.
225
Grounds for arrest and detention
- National security & Public peace
- Commission of a crime
226
Requisites for lockout
○ Notice of intention to lockout has been filed with DOLE
○ At least 30 days has elapsed since the filing of the notice
before the lockout is declared
○ An impasse has resulted in the negotiations
○ The lockout is not discriminatory
