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

Question 14

VIII. LABOR RELATIONS

B. Rights of Legitimate Labor Organizations

2. Collective Bargaining

d. Non-Economic Provisions and Conditions

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

Question 17

VIII. LABOR RELATIONS

B. Rights of Legitimate Labor Organizations

2. Collective Bargaining

g. Union Security Clause

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

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

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 37

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 37

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.