Professional Documents
Culture Documents
1968
LABOR LAW II
PART I
INTRODUCTORY MATERIALS
Section 1. Introduction
1.1
Definitions
ER and EE
Art. 212 :
An ER Any person acting in the interest of the ER, directly or
indirectly. The term shall not include any labor organization or
any of its officers except when acting as an ER.
EE Any person in the employ of an ER. The term shall not be
limited to the EEs of a particular ER, unless this Code explicitly
states. It shall include any individual whose work has ceased as
a result or in connection with any current labor dispute or
because of fair labor practice if he has not obtained any other
substantially equivalent or regular employment.
Labor Organization and Legitimate Labor Organization
1. Art. 212 :
Labor Organization Any union for association of EEs which
exists for the purpose of collective bargaining or of dealing with
Es concerning terms and conditions of employment.
Legitimate Labor Organization Any labor organization
duly registered with the DOLE that includes any branch or local.
2. A local chapter becomes a legitimate labor organization
only upon submission of:
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
Labor Dispute
1. Art. 212 : Any controversy or matter concerning terms and
conditions of employment or the association or representation of
persons in negotiating, fixing, maintaining, changing or
arranging terms and conditions of employment, regardless of
whether the disputants stand in the proximate relation of ER and
EE.
2. What is the test to determine whether a labor controversy
comes within the definition of labor dispute?
It depends on whether it involves or concerns terms, conditions of
employment or representation. (Azucena)
1.3 Labor Relations Policy
1. What is the policy of the state with respect to the trade
unionism, collective bargaining and labor relations?
It is the policy of the State to :
A. Promote and emphasize the primacy of free Collective
bargaining
and
negotiations,
including
voluntary
arbitration, mediation and conciliation, as modes of
settling labor and industrial disputes.
B. Promote free trade unionism as an instrument for the
enhancement of democracy and the promotion of social
justice and development.
C. Promote the Enlightenment of workers concerning their
rights and obligations as union members and as EEs.
D. To provide an adequate administrative Machinery for the
expeditious settlement of labor or industrial peace.
E. To ensure a stable but dynamic and just Industrial peace.
F. To ensure the participation of Workers in Decision and
policy-making processes affecting their rights, duties and
welfare.
G. To encourage free trade Unionism and free collective
bargaining. (Art. 263)
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
1. Art. III, Sec. 8, Const. : The right of the people, including those
employed in the public or private sectors, to form unions,
associations, or societies for purposes not contrary to law shall
not be abridged.
2. Art. XIII, Sec. 3, Const. : The State shall guarantee the rights
of all workers to self-organization, collective bargaining and
negotiations, and peaceful concerted activities including the
right to strike in accordance with law.
2.2 Coverage
All EEs
1. Art. 243 : All persons employed in commercial, industrial and
agricultural enterprises and in religious, charitable, medical, or
educational institutions whether operating for profit or not, shall
have the right to self-organization and to form, join or assist
labor organizations of their own choosing for purposes of
collective bargaining.
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
2. The Macho hair Saloon refused to bargain with the union of the
barbershop composed of 8 barbers on the ground that the shop
was a service establishment and the number of the barbers was
less than 10. Is the contention tenable?
No. The law does not fix the minimum number of EEs for the
exercise of the right to self-organization and the right extends to all
types of establishments. (Alcantara)
3. The faculty members of a non-profit school converted their club
into a labor union. Is this allowed?
Yes. Even EEs in non-profit or religious organizations are entitled to
exercise this right. (Alcantara)
A. RELIGION
The right of the members of the Iglesia ni Kristo sect not to join a labor
union for being contrary to their religious beliefs does not bar the
members of that sect from forming their own union. (Kapatiran vs.
Calleja)
Supervisors
1. Art. 245 : Supervisory EEs shall not be eligible for membership in a labor
organization of the rank-and-file EEs but may join, assist or form separate
labor organizations of their own.
Aliens
Art. 269 : Aliens working in the country with valid permits issued by
the DOLE, may exercise the right of self-organization and join or assist
labor organizations of their own choosing for purposes of collective
bargaining, provided, that said aliens are nationals of a country which
grants the same or similar rights to Filipino workers.
Security Guards
Security guards may join rank and file or supervisors union depending
on their rank. (MERALCO vs. Secretary of Labor and Employment)
2.5 Workers with no Right of Self-organization
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
Worker/Member of Cooperative
The right to forming or joining a labor organization for purposes of
collective bargaining is not available to an EE of a cooperative who at
the same time is a member and co-owner thereof. It is the fact of
ownership of the cooperative and not the involvement in the
management thereof, which disqualifies a member from joining any
labor organization within the cooperative with respect however, to
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
EEs who are neither members or co-owners, they are entitled to the
rights of self-organization for purposes of collective bargaining
(Benguet Electric vs. Ferrer-Calleja). However, a member/owner has the
right to withdraw as owner of the cooperative for purposes of joining
the union (Central Negros Electric vs. Of DOLE).
Non-EEs
Art. 243 : Ambulant, intermittent and itinerant workers, self-employed
people, rural workers and those without definite ERs may form labor
organizations for their mutual aid and protection. However, they are
not entitled to the constitutional right to join or form a labor
organization for purposes of collective bargaining. (Singer vs. Drilon)
2.6 Part Protected
It is well-settled doctrine that the benefits of a CBA extend to the
laborers and EEs in the collective bargaining unit, including those
who do not belong to the chosen bargaining labor organization. (MWU
vs. Aboitiz)
2.7 Sanctions for Violation of Right
1. Art. 248 : It shall be unlawful for an ER to interfere with,
restrain or coerce EEs in the exercise of their right to selforganization.
2. Art. 249 : It shall be unfair labor practice for a labor
organization, its officers, agents and representatives to restrain
or coerce EEs in the exercise of their rights to self-organization.
3. Art. 288 : Penalty
Fine of not less than P1,000.00 nor more than P10,000.00
Imprisonment of not less than 3 months nor more than 3
years, or
Both, at the discretion of the court.
In addition to such penalty, any alien found guilty shall be summarily
deported upon completion of service.
3.1 Policy
Sec. 211 : It is a policy of the State to :
1. Promote free trade unionism as an instrument for the
enhancement of democracy and the promotion of social justice
and development.
2. Foster the free and voluntary organization of a strong and united
labor movement.
3.2 Labor Organization - Unions
Definitions
A. LABOR ORGANIZATION
Art. 212 : Any union or association of EEs which exist for the purpose
of collective bargaining or of dealing with ERs concerning terms and
conditions of employment.
B. LOCAL UNION
Sec. 1, Rule I, Book V, IRRs : Any labor organization operating at
the enterprise level.
E. COMPANY UNION
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
for
registration
of
labor
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
A. EFFECT OF NON-REGISTRATION
Union, must comply with all the requirements of registration as a
legitimate labor organization. (Protection Technology vs. Sec. of Labor &
Employment). However, if the union has filed application for
registration and has submitted all the legal requirements, the fact that
it does not yet have the certificate of registration will not annul the
designation of the labor union as sole bargaining agent by the virtue
of a certification election since the defect is not fatal. (UE Automotive
EEs vs. Noriel)
distributed food and drinks to the strikers. Has any one committed any
illegal act?
Yes. B and G, distributing food and drinks to the strikers violated the
prohibition against aliens from engaging directly or indirectly in all
forms of trade union activities. The term trade union activities
includes all forms of concerted union actions and analogous activities.
(Alcantara)
3.6 Union-Member Relations
Nature of Relationship
The union may be considered but the agent of its members for the
purpose of securing for them fair and just wages and good working
conditions and is subject to the obligation of giving the members as its
principals all information relevant to union and labor matters
entrusted to it. (Heirs of Cruz vs. CIR)
Issues
A. ADMISION AND DISCIPLINE OF MEMBERS
1. Art. 249 : A labor organization shall have the right to prescribe
its own rules and with respect to the acquisition or retention of
membership.
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
A. 1. Admission
1. Labor unions are not entitled to arbitrarily exclude qualified
applicants for membership, and a closed-up provision would not
justify the ER in discharging, or a union in insisting upon the
discharge of it, an EE whom the union refuses to admit to
membership, without any reasonable ground therefor. Thus,
while generally the State may not compel the union to admit the
individual as a member, this scenario is not an exception to that
general rule. (Salunga vs. CIR)
2. The unions constitution and by-laws provides that no individual
who previously belonged to another union may be admitted as
member thereof. Is this provision valid?
No. While a union is in general free to select its own members, it
cannot impose arbitrary and discriminatory conditions for
admission to membership. It is very clear that the provision
discriminates against an individual for having exercised his right to
self-organization. (Alcantara)
3. The union constitution and by-laws provides that only EEs with 2
years service in the company are eligible for membership
therein. Is the provision valid?
No. The provision is an unreasonable restriction on the workers
exercise of his right to self-organization. It would have those who
have less than 2 years of service without representation in
bargaining with the ER. (Alcantara)
union for attempting to oust the union leadership, but they were
not given an opportunity to explain their side. The company also
did not conduct an investigation into the matter. Is the dismissal
of the EEs lawful?
No. The union should have given them an opportunity to explain
their side before expelling them. And the company should have
complied with procedural due process before dismissing them.
(Ferrer vs. NLRC)
B. ELECTION OFFICERS QUALIFICATION, TENURE AND
COMPENSATION
Give the rules of the Labor Code governing union officers :
D. UNION FUNDS
Give the rules of the Labor Code governing union funds :
10.
Other than for mandatory activities under this Code, no
special assessments, attorneys fees, negotiation fees or any
other extraordinary fees may be checked off from the amount
due to an EE without an individual written authorization duly
signed by the EE.
11.
The Sec. of Labor or his duly authorized representative is
hereby empowered to inquire into the financial activities of the
legitimate labor organization upon filing of a complaint under
oath and duly supported by a written consent of at least 20% of
the total membership to determine compliance with the law.
a. Such inquiry shall not be conducted during the 60-day
freedom period within the 30 days immediately preceding
the date of election of the union officials.
E. MANDATORY ACTIVITY
Art. 214 : Other than for the mandatory activities under the Code : no
special assessment, attorneys fees, negotiation fees or any other
extraordinary fees may be checked off from any amount due to an EE
without an individual written authorization duly signed by the EE.
E.1 Definition
What is a mandatory activity? Judicial process of settling dispute
laid down by law. (Vengco vs. Trajano)
F. UNION INFORMATION
Art. 241 : It shall be the duty of any labor organization and its officers
to inform its members on the :
1. Provisions of its constitution and by-laws.
2. CBA
3. Prevailing labor relations system and
4. All their rights and obligations under existing labor laws.
For this purpose, registered labor organizations may assess
reasonable dues to finance labor relations seminars and other labor
education activities. (Responsibility of officers for dissemination of
union information and for respect of the law is greater than that of the
members. (NLU vs. Continental Cement)
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
A. NATURE OF RELATIONSHIP
The mother union is merely an agent of the local union. (NAFLU vs.
Noriel)
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
C. MINORITY DISAFFILIATION
Generally, a labor union may disaffiliate from the mother union
only during the 60-day period immediately preceding the expiration of
the CBA (Tanduay vs. NLRC). However, a mere minority cannot file a
petition for a union disaffiliation, even within the prescribed 60-day
period before the expiry of an existing CBA. (Villar vs. Inciong)
such
as
temporary,
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
Policy
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
A. NO DIRECT CERTIFICATION
Direct certification is no longer allowed as a method of selecting
the bargaining agent. Where a union has a filed petition for
certification election, the mere fact that no opposition is made does
not warrant a direct certification. (CENECO vs. Sec. of Labor)
D. RATIONALE
The holing of a certification election is based on a statutory
policy that cannot be circumvented. The workers must be allowed to
freely express their choice in a determination where everything is
open to their sound judgment and the possibility of fraud and
misrepresentation is eliminated. (Progressive development vs. Sec. of
Labor)
Venue of Petition
1. Sec. 1, Rule V, Book V, IRRs : A petition for certification
election may be filed with the Regional Office which has
jurisdiction over the principal office of the ER.
2. Sec. 6, Rule V, Book V, IRRs : Upon receipt of the petition, the
regional director shall assign the case to a Med-Arbiter to
appropriate action. The Med-Arbiter shall have 20-workign days
from submission of the case for resolution within which to
dismiss or grant the petition.
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
3. In case the place of work of the EEs and the principal office of
the ER are located within the territorial jurisdiction of different
regional offices, may the workers file the application in their
place of work?
Yes. The word jurisdiction as used in the provision refers to
venue, and venue touches more to the convenience of the parties
rather substance of the case. Since the worker is more
economically disadvantaged, the nearest government machinery to
settle a labor dispute must be placed at his immediate disposal.
(Cruzvale vs. Laguesma)
5.3 Certification Election
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
A.1 Definition
What is an organized establishment? It is a firm or company
where the EE have selected an exclusive bargaining representative or
where there is a CBA duly submitted to the DOLE. (Sec. 6, Rule V, Book
V, IRRs)
Freedom period
1. When may a petition for certification be filed in an
organized establishment? A petition for certification election
may be filed during the last 60 days (freedom period) of the
CBA. Any petition filed before or after the 60-day freedom period
shall be dismissed outright. (Sec. 3, Rule V, Book V, IRRs)
2. Is the freedom period affected by any amendment,
extension or renewal of the CBA? No. The 60-day freedom
period based on the original CBA, shall not be affected by any
amendment, extension or renewal of the CBA for purposes of
certification election. (Sec. 6, Rule V, Book V, IRRs)
3. May a new CBA executed by the incumbent exclusive
bargaining representative and the company, and ratified
during the 60-day freedom period be considered a bar to
the certification election? No. The representation case shall
not be adversely affected by a CBA registered before or during
the last 60 days of a subsisting agreement or during the
pendency of the representation case. (Sec. 4, Rule V, Book V,
IRRs)
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
Unorganized Establishments
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
A. FILING PERIOD
When may a petition for certification be filed in an
unorganized establishment? A petition for certification election
may be filed at any time. (Sec. 3, Rule V, Book V, IRRs)
ER as Initiating Party
Art. 258 : When requested to bargain collectively, an ER may
petition the Bureau for an election. If there is no existing CBA in the
unit, the Bureau shall, after hearing, order a certification election. The
certification case shall be decided within 20 working days, and the
certification election shall be conducted within the 20 working days
from the decision.
A. ROLE ER
ER has no role in certification election except when asked to
bargain collectively under the Bystander Rule. (Philippine fruits
and vegetable Industries vs. Torres) It was a well-settled rule that ER
has no standing to question a certification election since it is the sole
concern of the workers. (PTTC vs. Laguesma)
Conducting Agency
1. Art. 226 : The Bureau of Labor Relations and the Labor
Relations Divisions in the regional offices of the DOLE shall have
exclusive and original authority to act, at their own initiative or
upon request of either or both parties, on all inter-union and
intra-union conflicts, and all disputes, grievances or problems
arising from or affecting labor-management relations in all
workplaces whether agricultural or non-agricultural, except
those arising from the implementation or interpretation of CBAs
which shall be subject of grievance procedure and/or voluntary
arbitration.
2. The practice of the Board referring certification cases to the
TUCP, a private entity, is not sanctioned by the Labor Code.
(PLUM vs. Noriel)
Nature of Proceeding
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
A.1 Waiver
The execution of an agreement to waive the mandatory 5 days
posting election notices binds the parties thereto by the doctrine of
estoppel. (JISSCOR vs. Torres)
C. VOTING DAY
1. Sec. 2, Rule VI, Book V, IRRs : The election shall be set
during the regular business day of the company unless
otherwise agreed upon by the parties.
2. May a party to a certification election contend that the election
was not held on a regular business day due to the occurrence of
a strike that day?
No. While it may have affected the actual performance of work, by
some EEs, it did not necessarily make said date an irregular
business day of the company. (Asian Design vs. Ferrer-Calleja)
D. PROTEST
1. When should a protest be raised?
E. APPEAL
Art. 259 : Any party to an election may appeal the order or results of
the election as determined by the Med-Arbiter directly to the Sec. of
Labor and Employment on the ground that the rules and regulations
established by the Sec. have been violated.
Such appeal shall be decided within 15 calendar days.
F. ANNULMENT
Circumstances showing irregularities in the holding of the
certification election are sufficient to invalidate the same.
(Confederation of Citizens LaborUnion vs. Noriel)
5.4 Certification of Designated Majority Union
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
Majority Union
Art. 255 : The labor organization designed or selected by the majority
of the EEs in the appropriate collective bargaining unit shall be the
exclusive representative of the EEs in such unit for the purposes of
collective bargaining.
5.5 Bars to Certification Election
One year Bar Rule (Certification year)
A. GENERAL RULE
Sec. 3, Rule V, Book V, IRRs : No certification election may be held
within 1 year from the date of issuance of a final certification result.
The phrase final certification result means that there was an
actual conduct of election. In case where there was no certification
election conducted precisely because the first petition was dismissed,
on the ground of a defective petition, the certification year bar does
not apply. (R. Transport vs. Laguesma)
B. EXCEPTIONS
A petition for certification election may be entertained where
unusual circumstances exist. A circumstance would be unusual or out
of the ordinary if it affects the structure, functions or membership of
the contracting union i.e. the number of EEs in the appropriate
bargaining unit has more than doubled since the last certification
election. (Azucena)
A. NO DEADLOCK
Bargaining deadlock presupposes reasonable effort at good faith
bargaining which, despite noble intentions, does not conclude in
agreement between the parties. (Divine World vs. Sec. of Labor)
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
A. DEFECTIVE CBA
The contract bar rule does not apply when the CBA which is the
basis of the rule is defective. (ALU vs. Ferrer-Calleja)
B. INCOMPLETE CONTRACT
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
E. EXCEPTION
Deviation from the contract bar rule is justified only where the
need for industrial stability is clearly shown to be the imperative.
(PWUP vs. Laguesma)
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
Non-Mandatory Subjects
1. The right to bargain on a non-mandatory subject does not
include to right to insist on the inclusions of the non-mandatory
subject in the CBA as a condition to any agreement. (Azucena)
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
2. Give
a.
b.
c.
Private Procedure
Art. 251 : In the absence of the CBA, it shall be the duty of the ER and
the representatives of the EEs to bargain collectively.
Code Procedure
Describe the procedure in collective bargaining : In the absence
of an agreement or other voluntary arrangement providing for a more
expeditious manner of collective bargaining, the following procedures
shall be observed :
1. When a party desires to negotiate an agreement, it shall serve a
written notice upon the other with a statement of its proposals.
The other party shall make a reply thereto not later than 10
calendar days from the receipt of such notice.
2. Should difference arise on the basis of such notice and reply,
either party may request a conference which shall begin not
later than 10 calendar days from date of request.
3. If the dispute is not settled, the Board shall intervene upon
request of either or both parties to conciliation meetings. The
Board shall have the power to issue subpoenas requiring the
attendance of the parties to such meetings. It shall be the duty
of the parties to participate fully and promptly in the conciliation
meetings the Board may call.
4. During the conclusion proceedings in the Board, the parties are
prohibited from doing any act which may disrupt or impede the
early settlement of the dispute.
5. The Board shall exert efforts to settle disputes amicably and
encourage the parties to submit their case to voluntary
arbitration. (Art. 250)
6. The parties shall at the request of either of them, make available
such up-to-date financial information on the economic situation
of the undertaking, as is material and necessary for meaningful
negotiations. Where the disclosure of some of the information
could be prejudicial to the undertaking, its communication may
be made condition upon a commitment that it would be
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
A. NATURE OF PROCEDURE
Collective bargaining does not end with the execution of an
agreement. It is a continuous process. The duty to bargain imposes on
the parties during the term of their agreement the mutual obligation
to meet and confer promptly and expeditiously and in good faith for
the purpose of adjusting any grievances or question arising under
such agreement. (RSB vs. CIR)
Duty to Bargain
Explain the meaning of the duty to bargain effectively :
The duty to bargain collectively means the performance of a mutual
obligation to meet and confer promptly and expeditiously and in good
faith for the purpose of negotiating an agreement with respect to
wages, hours of work, and all other terms and conditions of
employment including proposals for adjusting grievances or questions
arising under such agreement and executing a contract incorporating
such agreement if requested by either party, but such duty does not
compel any party to agree to a proposal or to make any concession.
(Art. 252) In case there is an existing collective contract, the duty shall
include the obligation to adhere faithfully to its terms and not
terminate or modify the same during its period of effectivity. (Art. 253)
6.4 The CBA
What is the CBA? It is a negotiated contract between a
legitimate labor organization and the ER concerning wages, hours of
work and all other terms and conditions of employment in a
bargaining unit, including mandatory provisions for grievances and
arbitration machineries. (Sec. 1, Rule VI, Book V, IRRs)
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
Contract Beneficiaries
1. When a CBA is entered into by the union representing the EEs
and the ER, even the non-member EEs are entitled to the
benefits of the contract. (Rivera vs. SMC)
2. A CBA provides for the deduction of union dues from nonmember of the bargaining union. Is the stipulation valid?
Yes. It provides for the collection of an agency fee from the
members who accept and enjoy the benefits attained through
the efforts of the bargaining agent. The non-union members
should not be unjustly enriched at the expense of the bargaining
agent. (Alcantara)
3. How about if the stipulation was not provided for in the
CBA but was merely requested by the bargaining union
from the ER? The stipulation is still valid. EEs of an appropriate
collective bargaining unit who are not members of the
recognized collective agent may be assessed a reasonable fee
equivalent to the dues and other fees paid by members of the
recognized collective bargaining agent, if such union members
accept the benefits under the CBA. The individual authorization
required under Art. 241 shall not apply to the non-members
recognized collective bargaining agent. (Art. 248) The law does
not impose as a condition for the collection of the agency fee
that the same be provided in the CBA, the basis of the unions
right to the agency fee is quasi-contractual, not contractual.
(Alcantara)
4. The CBA negotiated by union Y provides for wages to EEs in the
production
and
maintenance
department.
To
avoid
discrimination, the company also granted the increases to EEs
in the administrative and sales department. Union Y now
demands an agency fee from the EEs of these departments. Is
such demand valid?
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
No. In the 1st place, the EEs in the latter 2 departments do not
belong to the bargaining unit covered by the agreement. In the 2 nd
place, the wage increases were not obtained through the efforts of
union Y. (Id.)
1. Art. 260 : The parties to the CBA shall include therein provisions
that will ensure the mutual observance of its terms and
conditions. They shall establish machinery for the adjustment
and resolution of grievances arising from the interpretation of
their CBA and those arising from the interpretation or
enforcement of company personnel police.
All grievances submitted to the grievance machinery
which are not settled within 7 calendar days from its date of
submission shall automatically be referred to voluntary
arbitration prescribed in the CBA.
2. Art. 225 : However, an individual EE or group of EEs shall have
the right at any time to present grievances to their ER.
3. J, a member of a union has been certified as the sole and
exclusive bargaining representative of the EEs, sends a letter to
management requesting, in view of inflation, for an increase in
his wages. Is this allowed?
Yes. Although there may be an exclusive bargaining agent, an
individual EE or group of EEs have the right to present grievances
to their ER. It would have been different if J demanded for wage
increases for the other EEs. (Alcantara)
a. Any CBA that the parties may enter into shall, insofar as
the representation aspect is concerned; be for a term of 5
years. No petition questioning the majority status of the
incumbent bargaining agent shall be entertained and no
certification election shall be conducted by the DOLE
outside of the 60-day period immediately before the expiry
date of the CBA.
b. All other provisions of the CBA shall be renegotiated 3
years after its execution.
c. Any agreement on such other provisions of the CBA
entered into within 6 months from the date of expiry of the
term of such other provisions in the CBA, shall retroact to
the day immediately following such date.
If any such agreement is entered into beyond 6 months, the
parties shall agree on the duration of retroactivity thereof.
2. Contract continue to have legal effects even after its expiry date,
until a new CBA is renegotiated and extended into. (Lopez Sugar
Corporation vs. FFW)
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
No. Art. 253 requires the parties to keep the status quo and
discontinue in full force, and effect until a new agreement is
reached. (Alcantara)
D. CBA AND 3RD PARTY APPLICABILITY
Unless expressly assumed, labor contracts such as employment
contracts and CBAs are not enforceable against a transferee of an
enterprise, labor contracts being in personam, thus binding only
between parties. As a general rule, there is no law requiring a bona
fide purchaser of assets of an ongoing concern to absorb in its employ
the EEs of the latter. However, although the purchaser of the assets
or enterprise is not legally bound to absorb in its employ the EEs of
the seller of such assets or enterprise the parties are liable to the EEs
if the colored or clothed with bad faith. (ALU vs. NLRC)
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
Personnel Movements
1. As a rule, it is the prerogative of the company to promote,
transfer or even demote its EEs to the other positions when the
interests of the company reasonably demand it. Unless there are
instances which directly points to interference by the company
with the EEs rights to self-organization, the transfer of an EE
should be considered as within the bounds allowed by law.
(Rubberworld vs. NLRC)
2. 9 teachers were hired by a school on a yearly basis. The nine are
members of a union. After their 2nd yearly contract, the school
refused to renew their contract on the ground that their teaching
performances were not satisfactory. Is the refusal unfair labor
practice?
No. The refusal was not by reason of their union membership but
by reason of their poor teaching performances. (Bilboso vs. Victorias
Mining)
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
EE Discipline
The dismissal of a union member because of threats made
against the life of the ER and there being evidence that more active
members of the union were retained is not an unfair labor practice.
(PTUC vs. CIR)
A. INTERROGATION
In order that questioning of an EE concerning his union activities
would not be deemed coercive, the ER must communicate to the EE
the purpose of the questioning, assure him that no reprisal would take
place, and obtain his participation on a voluntary basis. In addition,
questioning must also occur in a context free from ER hostility to union
organization and must not itself be coercive in nature. (Id.)
C. VIOLENCE OR INTIMIDATION
Violation must have been found where the ER threatened EEs
favoring the union with force or violence. (Azucena) In another case,
the ER was found guilty of unfair labor practice when 2 EEs were
provoked into a fight by 2 recently hired EEs pursuant to a strategy of
the company designed to provide an apparent lawful cause for their
dismissal and said dismissed EEs had not figured in similar incidents
before or violated companys rules in their many years with the
company. (Visayan Bicycle vs. NLU)
E. ECONOMIC INDUCEMENTS
1. A violation results from an ERs announcements of benefits prior
to a representation election, where it is intended to induce the
EEs to vote against the union. (Id.)
2. While a strike is going on, the president of the company sent
each worker a letter stating among others that if the latter
returned to work, he can have his meals within the office, make
a choice whether to go home at the end of the day or to sleep
nights at the office, enjoy free coffee and occasional movies. Is
the writing of the letter unfair labor practice?
Yes. The letter tends to undermine the concerted activity of the
EEs, an activity which they are entitled free from the ERs
molestation. (Insular Life EEs Association vs. Insular Life)
G. MASS LAY-OFF
1. A companys capital reduction efforts, a subterfuge, a deception,
to camouflage the fact that it has been making profits and to
justify mass lay-off of its EE ranks, especially of union members,
were an unfair labor practice. (Madrigal and Company vs. Zamora)
2. There is unfair labor practice in the lay-off of a bank of 65 EEs
who were active union members allegedly by reason of
retrenchment, although the bank was not suffering any losses.
(Peoples Bank vs. Peoples Bank EEs Union)
G. LOCKOUTS, CLOSURE
1. A lockout, actual or threatened, as a means of dissuading the
EEs from exercising their rights clearly an unfair labor practice.
(Azucena)
2. An ER which closes its business to put an end to a unions
activities and which made no effort to allow the EEs attempt to
exercise their right to self-organization and collective bargaining
commits unfair labor practice. (Sy Chi Junk Shop vs. Federacion
Obrero de la Industria)
3. Where there is a simulated sale as a device to merely get rid of
the EEs who were members of the union, the company is guilty
of unfair labor practice. (Moncada Bijon Factory vs. CIR) The
acquiring company created to relieve the old company of its
obligations is liable for the old companys obligations. (PLASLU
vs. Sy Indong) The doctrine of piercing the veil of corporate
identity will be utilized, to the effect, that the separateness of
corporate personality will be disregarded if it is being used to
run away from corporate obligations. (Delfin vs. Inciong)
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
H. RUN-AWAY SHOP
The transfer of an industrial plant from one location to another
in order to discriminate against EEs at the old plant because of their
union activities. (Azucena)
Discrimination
1. Art. 248 : It shall be unlawful for an EE to discriminate in regard
to wages, hours of work, and other terms and conditions of
employment in order to encourage or discourage membership in
any labor organization. [Discouraging membership in a labor
organization includes not only discouraging adhesion to union
membership but also discouraging participation in union
activities such as a legitimate strike. (Azucena)]
2. Give some examples of discrimination resulting in unfair
labor practices :
a. Discrimination in work quota between members and nonmembers of union. (AHS/Philippines EEs Union vs. NLRC)
b. Discrimination in dissemination of bonus allocation of
salary adjustments between members and non-members
of union contrary to previous practice of dividing equally
the percentage of net profits. (Manila Hotel vs. CIR)
c. Even where business conditions justified a lay-off of EEs,
unfair labor practices in the form of discriminatory
dismissal were found where only unionists were
permanently dismissed while non-unionists were not.
(Manila Pencil vs. CIR)
d. Discrimination in regularization between old EEs who were
members of union and new EEs who were non-members.
The new EEs were immediately given permanent
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
Testimony of EE
Art. 248 : It shall be unlawful for an ER to dismiss , discharge or
otherwise prejudice or discriminate against an EE for having given or
being about to give testimony under this Code.
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
Violation of CBA
1. Art. 248 : It shall be unlawful for an EE to violate a CBA.
2. Art. 261 : Violations of a CBA, except those which are gross in
character, shall no longer be treated an unfair labor practice and
shall be resolved as grievances under the CBA.
7.5 Unfair Labor Practice of Labor Organizations
Discrimination
1. Art. 249 : It shall be unfair labor practice for a labor
organization to cause or attempt to cause an ER to discriminate
against an EE, including discrimination against an EE with
respect to who, membership in such organization has been
denied or to terminate an EE on any ground other than the usual
terms and conditions under which membership is made available
to other members.
2. The union may not arbitrarily use the union security clause to
unjustly discriminate against non-members of the union.
(Salunga vs. CIR)
3. Due to negligence of a mother federation in attending to a case
filed by its local against the ER, 32 out of the 36 members of the
local union signed a resolution of disaffiliation from the mother
federation. The federation demanded dismissal of the union
members pursuant to the maintenance of membership clause in
the CBA. Thereafter, the union members were dismissed. Is there
unfair labor practice?
Yes. The union members were dismissed by reason of their freedom
to disaffiliate. (Liberty Cotton Mills Workers Union vs. Liberty Cotton
Mills)
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
Refusal to Bargain
Art. 249 : It shall be unfair labor practice for a labor organization to
violate the duty, or refuse to bargain collectively with the ER, provided
it is the representative of the EEs.
Negotiation Fees
Art. 249 : It shall be unfair labor practice for a labor organization to
ask for or accept negotiations or attorneys fees from the ERs as part
of the settlement of any issue in collective bargaining or any other
dispute.
Violation of CBA
1. Art. 249 : It shall be unfair labor practice for a labor
organization to violate a CBA.
2. Art. 261 : Violations of a CBA, except those which are gross in
character, shall no longer be treated as unfair labor practice and
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
B. CRIMINAL ASPECT
1. Art. 247 : No criminal prosecution may be instituted without a
final judgment finding that an unfair labor practice was
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
Compromise
Unfair labor practice is not subject to compromise. (Gochangco
Workers Union vs. NLRC)
Penalties
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
* Closed shop
The ER cannot hire any worker who is not a member of the
contracting union.
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
condition
for
* Union shop
ER may hire worker who is not a member of the contracting
union but the worker must within a specified period after his
employment become a member of the contracting union.
Membership in the contracting union is a condition for continued
employment.
8.3 Rationale
The validity of a union security provisions is largely recognized;
it is intended to make the union strong that true collective bargaining
may be assured. Statutes recognizing the validity of closed shop
agreements have been justified on the basis of police power. The
recognition of the validity of such agreements has been held to the
most prized achievement of unionism. (Juat vs. CIR)
8.4 Validity Agreement and Effect on Freedom of Choice
A union security provision is not a restriction of the right of
freedom of association guaranteed by the Constitution. (Villar vs.
Inciong)
8.5 Contract Drafting and Interpretation of Provisions Union
Security
1. A CBA provides : The union shall have the exclusive right and
privilege to supply the company with laborers and the company
agrees to hire only such persons who are members of the union.
If the union member is expelled, is the company obliged to
terminate the EEs employment?
No. The stipulation does not establish a closed-shop agreement :
Dismissal pursuant to a closed-shop clause must clearly appear in
the CBA. (Confederated Sons of Labor vs. Anakan)
2. A CBA provides : The ER agrees to employ only members in good
standing of the union. The ER, however, reserves its rights to
accept or reject EEs where they fail to meet its requirements.
The ER agrees not to employ any new EE unless he is a member
of good standing of the union provided such new EE meets the
qualifications required by the ER. Is the ER obliged to terminate
an expelled member of the union?
No. The contract does not clearly prescribe the period within which
the EE must remain a member of good standing of the union. And it
is not clear that membership in the union is a condition for
continuation or retention of employment. Stipulations of this nature
are strictly construed; doubts are resolved against the existence of
the right to dismiss.
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
No. Neither their ignorance, nor their dissatisfaction with the CBA
would justify breach thereof or the formation by them of a union of
their own. A union member who is employed under an agreement
between the union and his ER is bound by the provisions thereof.
(Manalang vs. Artex Development)
8.7Maintenance of Membership
1. A CBA provides : Both parties agree that all EEs of the company
who are already members of the union at the time of the signing
of this agreement shall continue to remain members of the
union for the duration of the agreement. 3 members of the
union resigned to join a new union. They were dismissed. Is their
dismissal legal?
No. The contractual provision relied upon does not expressly
provide that membership in the union is a condition for continued
employment in order that an ER may be bound to dismiss EEs who
does not maintain their membership in the union is a condition for
continued employment. In order that an ER may be bound to
dismiss EEs who do not maintain their membership in the union,
the stipulation to this effect must be so clear as to leave no room
for doubt. An undertaking of this nature is so harsh that it must be
strictly construed and doubts must be resolved against the
existence of the right to dismiss. (Manila Cordage vs. CIR)
2. About 8 months after the execution of a CBA, some union
members joined another union and even filed a petition for
certification election. As the CBA contained a maintenance of
membership clause the bargaining agent sought the dismissal of
the EEs. Is this valid?
Yes. The union members committed acts of disloyalty. When
members seek the destruction of the organization to which they
belong, they forfeit their right to remain as members. (Tanduay
Distillery Union vs. NLRC)
3. Does the expiration of the CBA preclude the dismissal of
the guilty unionmembers?
No. The expiration of the CBA did not cleanse from them from the
acts of disloyalty. They committed such acts while the CBA was in
force. (Id.)
4. If the act of disloyalty was committed during the
freedom period, could the union security clause still be
enforced?
No. The requirement for union members to maintain their
membership is good standing ceases to be binding during the 60day freedom period immediately preceding the expiration of the
CBA. (Id.)
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
Policy Statement
In line with the policy of the State to encourage free trade
unionism and free collective bargaining, workers shall have the right
to engage in concerted activities for purposes of collective bargaining
or for mutual benefit and protection. A similar right to engage in
concerted activities for mutual benefit and protection is tacitly and
traditionally recognized in respect of ERs. (Ilaw at Buklod ng
Manggagawa vs. NLRC)
9.2 Strike Activity
1. Define a strike. It is a temporary stoppage of work by the
concerted action of EEs as a result of an industrial or labor
dispute. (Art. 212) A valid strike needs a labor dispute.
(Azucena)
[Labor dispute Any controversy or matter concerning terms
and conditions of employment or the association of representation
of persons in negotiation, fixing, maintaining, changing or
arranging the terms and conditions of employment, regardless of
whether or not the disputants stand in the proximate relations of
ERs and EEs. (Art. 212)
2. Fruit Canning Co. has been requiring workers to render overtime
work of 5 hours everyday for the past 6 months. Due to the
refusal of the ER to stop this practice, all the EEs refused to
work overtime and left the plant after working 8 hours during
the day. They reported for the regular work schedule the
following morning. Is this a strike?
Yes. It is a temporary stoppage of work by the concerned action of
the EEs by reason of a labor or industrial dispute. A labor dispute
includes any controversy or matter concerning terms and
conditions of employment. (Alcantara)
3. The EEs due to a dispute involving wages worked for only 8
hours a day instead of 10 hours in accordance with a practice
which had been followed for 5 years. Is the refusal of the
workers to adhere to the 10-hours work schedule a strike?
Yes. It is a limited or partial strike. (Id.)
loss, the company gives in to the demand of the strikers, just so it can
maintain continuity in production. (Philippine Can Company vs. CIR)
Avoidance of Strikes
1. Pacific measures must first be exhausted before strikes are to be
declared. Strikes and other coercive means of settling the
dispute are deemed justified only when peaceful alternatives
have proved unfruitful in settling the dispute. (PHILMAROA vs.
CIR)
2. The union sent demands for the dismissal of a foreman on
grounds that he maltreated an EE. The company refused to
dismiss the foreman but reopened his case in the fiscals office.
Because of the companys refusal, the union went to strike. Is
the strike legal?
No. The demand for the dismissal had been accorded the attention
it merited. (NLU vs. CIR)
Protection of Strike
What are the general protections of the right to strike?
The right to strike is given the following protections:
1. It is generally not subject to labor injunctions or restraining
order. (Art. 254)
2. EEs may not be discriminated against merely because they
have exercised the right to strike. (Art. 248)
3. The use of strike breakers is prohibited. (Art. 264)
9.3 Types, Changes and Conversion - Strikes
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
Definitions
1. Define an economic strike Intended to forge wage and other
concessions from the ER, which is not required by law to grant.
(Consolidated Labor Association vs. Marsman) Also known as
bargaining strikes.
2. Define unfair labor practice strike Called against the unfair
labor practices of the ER, usually for the purpose of making him
desist from further committing such practices. (Azucena)
3. Define sympathetic strike One in which the striking EEs
have no demands or grievances of their own, but strike for the
purpose of property of directly or indirectly aiding others,
without direct relation to the advancement of the interest of the
strikers. (Id.)
4. What are the tests in determining the existence of an
unfair labor practice strike?
There are two tests in determining the existence of an unfair labor
practice strike:
a. Objectively, when the strike is declared in protest of unfair
labor practice which is found to have been actually
committed;
b. Subjectively, when a strike is declared in protest of what
the union believed to be unfair labor practices committed
by management, and the circumstances warranted such
belief in good faith although subsequently as not
committed. (Id.) It is not required that there be as such in
fact unfair practice committed by the ER. It suffices if such
a belief in good faith is entertained by labor as the
inducing factor for staging a strike. (Shell Oil Workers Union
vs. Shell)
Violations of CBAs except flagrant and/or malicious refusal to
comply with its economic provisions and shall not be considered
unfair labor practice and shall be strikeable. (Sec. 1, Rule XIII,
Book V, IRRs)
Change in Type
An economic strike may be converted into an unfair labor
practice strike, as when a strike for greater benefits is called off in
anticipation of negotiations and eventual agreement but is resumed
upon the commission by the ER of acts of discrimination against the
leaders of the strike. (Consolidated Labor Association vs. Marsman)
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
Sympathetic Strike
Because a valid strike presupposes a labor dispute, it follows
that a sympathetic strike is illegal. (Azucena)
9.4 Lockout
Definition
Define a lockout : Lockout means that temporary refusal to any ER
to furnish work as a result of an industrial or labor dispute. (Art. 212)
It is an ERs act excluding EEs who are union members from his
business and factory premises. (Sta. Mesa Slipways vs. CIR) A valid
lockout needs a labor dispute. (Azucena)
[Labor dispute Any controversy or matter concerning terms and
conditions of employment or the association or representation of
persons in negotiating, fixing, maintaining, changing or arranging the
terms and conditions of employment, regardless of whether or not the
disputants stand in the proximate relation of ERs and EEs. (Art. 212)
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
Injunction
A. RULE ON INJUNCTIONS
As a general rule, labor disputes are not subject to injunction.
However, the protective force of the law will be applied when
prohibited or unlawful acts are being or about to be committed that
will cause grave or irreparable damage to the complaining party.
(Azucena)
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
Art. 264 :
A. DEFINITION
Define picketing Walking or patrolling in the vicinity of a
place of business involved in a labor dispute and, by word of mouth,
banner or placard, undertaking to inform the public concerning the
dispute. Picketing includes stationing persons at the site of the labor
dispute for the purpose of exercising coercion or intimidation on other.
However, the requirement of the law is that the picket must be a
moving picket. (Azucena)
C. ER-EE RELATIONSHIP
Absence of an ER-EE relationship does not make picketing illegal.
(De Leon vs. NLU)
D. RESTRICTIONS
1. Art. 264 : No person engaged in picketing shall commit any act
of violence, coercion or intimidation or obstruct the free ingress
to or egress from the ERs premises for lawful purposes, or
obstruct public thoroughfares.
2. A picketing labor union has no right to prevent EEs of another
company from getting in and out of its rented premises,
otherwise it will be held liable for damages against an innocent
by-stander. (Liwayway vs. Permanent Concrete Workers Union)
3. Picketing as a concerted activity is subject to the same
limitations as strike, particularly as to lawful purpose and lawful
means. Like the freedom of expression in general, it has limits.
Thus, to the extent that it is an instrument of coercion rather
than of persuasion, it cannot rightfully be entitled to the
protection associated with free speech. (Security Bank EEs Union
vs. Security Bank)
E. PROHIBITED ACTIVITIES
Art. 264 : No person shall obstruct, impede or interfere with by
force, violence, coercion, threats or intimidation any peaceful picketing
by EEs during any labor controversy or in the exercise of the right of
self-organization or collective bargaining, or shall aid or abet such
obstruction or interference.
Slowdown
1. Define slowdown. Method by which ones EEs, without seeking a
complete stoppage of work, retard production and distribution in
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
Boycott
1. Define boycott : It is the concerted refusal to patronize an ERs
goods and services and to persuade others to a like refusal. (Id.)
2. Is a boycott lawful? EEs may lawfully exert economic pressure
on their ER by means of a boycott, provided they act peaceably
and honestly. (Alcantara)
9.9 Consequences of Concerted Actions
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
Backwages
1. In an economic strike, the strikers are not entitled to backwages
on the principle that a fair days wage accrues only for a fair
days labor. (SMB vs. NLU) For an unfair labor practice strike,
the right of the workers to receive backpay depends on whether
they are voluntary or involuntary strikers. If they are involuntary
strikers, they are entitled to backpay. (Macleod vs. Progressive
Federation of Labor) However, when they are voluntary strikers,
that is, they were not discriminatorily dismissed by the ER, then
they are generally not entitled to backpay, except when they
voluntary offer to return to work and the ER refuses to readmit
them. (Cromwell EEs Assn. vs. CIR)
2. Are EEs who are unable to work by reason of a lockout validly
declared by the ER entitled to wages corresponding to the period
of the lockout?
No. The refusal of the ER to furnish work is unlawful. And since the
EEs did not render any service, they should not get paid; this in
accordance with the no wok no pay rule. (Alcantara)
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
Damages
Union officers may not be vicariously held liable for illegal act of
strikers. The rule of vicarious liability no longer applies. (Benguet
Consolidated vs. BCI EEs Assn.)
in
Law,
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods
ACADEMIC ADVISERS: Political: Atty. Martinez ; Labor: Atty. Lorenzo ; Taxation: Atty. Cabaneiro ;
Criminal : Atty. Loyola ; Commercial : Atty. Loyola ;
Remedial: Atty. Perez ; Civil: Atty. Vista ; Legal Ethics: Atty. Loyola
Compiled and Edited by: Vice Amorsolo R. Camara Jr. and Nico Lagman
Through the indispensable efforts of San Beda and San Sebastian Brods