PART 2 LABOR RELATIONS

Book V Title IV LABOR ORGANIZATIONS

Art. 234 Requirements of Registration

Principle of Agency Applied
Independent Registration vs. Chartering
How a Local or Chapter Becomes LLO
Progressive Dev. Corp. vs. Sec of Labor Feb. 4, 1992
D. O. No. 9
Where to File Application for Registration
Disaffiliation: When to Disaffiliate; Effects
Substitutionary Doctrine
Revocation of Charter
Effect of Cancellation of Registration of Federation or National Union

Art. 239 Grounds for Cancellation of Union Registration

Fraudulent Acts
Inaction or Omission
Unlawful Acts
Itogon-Suyoc Mines vs. Sangilo-Itogon Workers 24 SCRA 873

Art. 241 Rights and Conditions of Membership in a LO

Rights of Union Members
Persons who are Prohibited from Becoming Members/Officers of LO
Check-Off vs. Agency Fee
Special Assessment vs. Check-Off
Art. 242 Rights of Legitimate Labor Organizations
Compromise Binding Upon Minority Members of Union

Book V Title V COVERAGE

Art. 243 Coverage and EEs Right to Self-Organization

Coverage of the Right to Organize; Exceptions
San Jose Electric Service Cooperative vs. Min. of Labor May 31/89
Callado vs. IRRI May 22, 1995
Victoriano vs. Elizalde Rope Workers Union Sept. 12, 1974
Kapatiran sa Meat and Canning Division vs. Calleja June 20, 1988
Principle of Reciprocity

Art. 244 Rights of Employees in the Public Service

Government EEs under Civil Service Law
EE in GOCCs with Charter
EE in GOCCs without Charter

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Art. 245 Ineligibility of Managerial EEs to join any LO; Right of Supervisory EEs
Managerial EE
United Pepsi-Cola Supervisory Union vs. Laguesma Mar. 25, 1998
Supervisory EE; RA 6715
Confidential EEs Doctrine of Necessary Implication
Metrolab vs. Confessor Feb. 28, 1996

Art. 246 Nonabridgment of Right to Self-Organization

Book V Title VI Unfair Labor Practice

Art. 247 Concept and Procedure for Prosecution of ULP

Elements of ULP
Aspect of ULP
Civil Aspect Compliance before Criminal Aspect may be Instituted
Prescription
Art. 248 ULP of Employers
NO ULP: Illustrative Instances
Personnel Movements
Acceptance of Mass Resignation
Grant of Profit-Sharing Benefits to Non-Union Members
Forced Vacation Leave
Issuance of Rules or Policy
Taking Action Against Slowdown
Nine ULP Acts of Employer
Interference
Dabuet et al, vs. Roche Pharmaceuticals, Inc 149 SCRA 386
Totality of Conduct Doctrine
The Insular Life Assurance Co. Ltd. Employees Association
Vs. The Insular Life Assurance Co. 37 SCRA 244
Successor Employer Ruling
Yellow Dog Condition
Contracting Out
Shell Oil Workers Union vs. Shell, Ltd. May 31, 1971
Runaway Shop
Company Unionism
Discrimination for or Against Union Membership
Valid Discrimination: Union Security Clause
Kinds of Union Security Agreements
Closed Shop: To Whom Not Applicable
Agency Shop
Discrimination because of Testimony
Violation of Duty to Bargain
Paid Negotiation
Violation of CBA must be gross violation
Relief in ULP Cases

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 ULP not subject to Compromise
Employers Responsibility for ULP Acts by Subordinate Officials

Six ULP Acts of Labor Organization

Restraint or Coercion
Discrimination
Arbitrary Use4 of Union Security Clause
Salunga vs. CIR 21 SCRA 216
Manila Mandarin Employees Union v. NLRC 154 SCRA 369
Refusal to Bargain
Featherbedding and Make-Work Arrangements
Accept Negotiation and Attorneys Fees from Employer
Violation of CBA

Book V Title VII COLLECTIVE BARGAINING & ADMINISTRATION OF

AGREEMENTS

Art. 250 Procedure in Collective Bargaining

Collective Bargaining Nature
Jurisdictional Preconditions to Collective Bargaining
Kiok Loy vs. NLRC G.R. No. 54334, Jan. 22, 1986
CBA defined
Mandatory Provisions of the CBA

Art. 252 Meaning of Duty to Bargain Collectively

Duty to Bargain Defined
Four Forms of ULP in Bargaining
Successor Employer Rule: Continuity & Identity
Do Economic Exigencies Justify Refusal to Bargain
Acts not Deemed Refusal to Bargain
Non-Reply to Proposal
Kiok Loy Vs. NLRC and Kilusan 141 SCRA 179
Mandatory Subjects of Bargaining
No Duty to Agree Even on Mandatory Subjects
Nonmandatory Subjects
Bargaining to the Point of Impasse: Not Necessarily Bad Faith
Boulwarism
Ratification; Mandatory Requirements
When Ratification Not Needed

Art. 253 Duty to Bargain Collectively when there Exists a Bargaining Agreement
Automatic Renewal Clause

Art. 253-A Terms of a Collective Bargaining Agreement

Duration of CBA

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 Retroactivity
Rule on Retroactive Effects of Agreement Provisions

Art. 254 No Injunction Rule

Third Parties/Innocent Bystanders
Republic Flour Mills vs. Reyes 18 SCRA 796
PAFLU vs. Cloribel, March 28, 1969

Art. 255 Exclusive Bargaining Representation and Workers Participation in Policy and
Decision-Making
Extent of Workers Right to Participate
PAL vs. NLRC, August 13, 1993
Labor Management Councils
Individual Grievance
Collective Bargaining Unit Defined
Appropriateness of BU; Factors Considered
Laguna College vs. CIR 25 SCRA 167
The Globe Doctrine
One Union-One Company Policy; Its Exceptions
Subsidiaries and Spun-Off Corporations
San Miguel Employees vs. Confessor, Sept. 19, 1996
Summation of Significance

Art. 256-259 Petition for Certification Election

Bargaining Unit
Certification Election
Four Factors in Determining the Appropriate Bargaining Unit
Community of Interest Doctrine
Modes of Choosing the Exclusive Bargaining Unit
Voluntary Recognition
Certification Election with or without Run-Off
Who Files Petition for C. E.
Progressive Dev. Corp. vs. Sec. of Labor, Feb. 4, 92
Employer Not a Party in C. E.
When to File Petition
Who can Vote in the C. E.
Consent Election
Double Majority Rule
Rules which Prevent the Holding of a Certification Election
Contract-Bar Rule
Applies to Extended CBA under Deadlock
Deadlock Bar Rule
Kaisahan vs. Trajano, Sept. 9, 1991
Negotiation Bar Rule
Certification Year Rule

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Book V Title VII-A GRIEVANCE MACHINERY & VOLUNTARY ARBITRATION

Art. 260 Grievance Machinery and Voluntary Arbitration

Enforceability Against Transferee of Enterprise
Labor Contracts: In Personam; its Exceptions
Wiley Doctrine

Art. 261 Jurisdiction of Voluntary Arbitrators

Gross Violation of the CBA
Distinguish from Mediation

Book V Title VIII STRIKES & LOCKOUTS & FOREIGN INVOLVEMENT IN TRADE
UNION ACTIVITIES

Art. 263 Strikes, Picketing and Lockouts

Economic Strike
ULP Strike
Ferrer vs, CIR, May 31, 1966
Tests in Determining the Legality of a Strike; the 6 Factors
Purpose Test
Compliance with Procedural & Substantive Requirements of Law
Notice of Strike
Cooling-Off Period
Strike Vote
Strike Vote Report
Procedural Requirements: Mandatory
NFSW vs. Ovejera, May 31, 1982
The Conversion Doctrine
Means Employed Test
Effect of Good Faith of Strikers on Legality of Strike
When the Sec. of Labor Assume Jurisdiction over a Strike
Defiance of Return to Work Order
Effects of the Assumption of Jurisdiction of the Sec. of Labor
No-Strike Clause in CBA
Master Iron labor Union vs. NLRC Feb. 17, 1993
Strike-Duration Pay
Vicarious Liability Rule
Strikers Loss of Employment
Union Officers/Leaders
Union Members
Liability for Violent Acts
Good Faith Strike
Rule on Reinstatement of Striking Workers
Backwages: In Economic Strike

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 Backwages: In ULP Strike; dist. Between Voluntary & Involuntary Strikers
Employers Right to Hire Replacement During Strike
Discharge of Replacements; in ULP and Economic Strike
Civil Liability of Labor Organizations
Other Kinds of Strike

Art. 264 Prohibited Activities

Labor Organizations
Third Persons
Employers
Public Official or Employee
Persons Engaged in Picketing
Innocent Bystanders
PAFLU vs. Cloribel, March 28, 1969
Boycott
Slowdown

Art. 265 Improved Offer vs. Reduced Offer Balloting

Art. 266 Arrest and Detention

Art. 269 Prohibition Against Aliens; Exceptions

Rule on Reciprocity

Art. 273-277 Special Provisions

Visitorial-Enforcement Power
Tripartism and Tripartite Conferences

BOOK VI POST-EMPLOYMENT

Book VI Title I TERMINATION OF EMPLOYMENT

Art. 279 Security of Tenure

Definition, Constitutional Guarantee
Who are entitled to security of tenure

Art. 282 Termination be Employer

Management Rights
Just Causes of Termination:
Serious Misconduct Immorality, Sexual Harassment, Cheating
Willful Disobedience
Elements
Gold City vs. NLRC G.R. No. 86000, Sept. 21, 1990
Transfer when valid
Homeowners SLA vs. NLRC, Sept. 26, 1996
Escobin vs. NLRC, April 15, 1998

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 Transfer with Promotion; if Rejected
Neglect of Duties
Gross Neglect
Abandonment Elements
Dishonesty Falsification, Theft, Unauthorized Use of Vehicle
Loss Of Confidence
When Applicable Position of Trust
Riker vs. Ople G.R. No. 50492, Oct. 27, 1987
Proof Required - Substantial Evidence
Guidelines for Applying Doctrine of Loss of Confidence
Commission of a Crime or Offense Art. 11 (2), RPC
Conviction/Prosecution not Required
Analogous Causes

Art. 283 Closure of Establishment and Reduction of Personnel

Authorized Causes in General; Required Notice; Separation Pay
Installation of Labor-Saving Device
Redundancy definition
Retrenchment
Criteria; Whom to Lay-Off
Four Standards of Retrenchment
Lopez Sugar Corp. vs. FFW G.R. No. 75700-01,
August 30, 1990
Evidence to Prove Losses
Hiring of Replacements after Retrenchment
Bogo Medellin vs. NLRC, Sept. 25, 1998
Redundancy vs. Retrenchment
Sebuguero vs. NLRC, Sept. 27, 1995
Requisites of Valid Retrenchment
Closure of Business
Serious Business Losses
North Davao Mining Corp. vs. NLRC, Mar. 13, 1996
Reahs Corp. vs. NLRC, April 15, 1997
Previous Generosity Ruling
BISSI vs. NLRC, April 5, 1993
North Davao Mininc Corp. vs. NLRC, Mar. 13, 1996
Justification for Closure ULP
Sale in Good Faith ULP & Successor Employer Doctrine
Merger & Consolidation

Art. 284 Disease

Medical Certificate issued by Competent Public Health Authority

PROCEDURE TO TERMINATE EMPLOYEMENT

Two Facets of Valid Termination

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 Act of Dismissal
Manner of Dismissal
Standards of Due Process
Twin Notice Requirement
Burden of Proof Substantial Evidence
Dismissal for Cause but without Due Process
Wenphil Doctrine
Wenphil Corp. vs. NLRC G.R. No. 80587, Feb. 8, 1989
Serrano Doctrine
Serrano vs. NLRC G.R. No. 117040, January 27, 2000
Agabon Doctrine
Agabon vs. NLRC 442 SCRA 573
Tempered vs. Stiffer sanctions
JAKA vs. Pacot, March 28, 2005
Preventive Suspension

CONSEQUENCES OF TERMINATION

Separation Pay Four Context

Separation Pay for Authorized Causes under Arts. 283-284
Separation Pay as Financial Assistance in Legal Dismissal under Art. 282
Separation Pay in lieu of Reinstatement
Separation Pay as an Employment Benefit
Backwages
Distinguish from Separation Pay
Full Backwages
Mercury Drug Rule (Prior to R.A. 6715)
Mercury Drug vs. CIR 56 SCRA 694
Rule after R.A. 6715 (Date to Reckon March 21, 1989)
Alex Ferrer vs. NLRC July 5, 1993
Pines City vs. NLRC Nov. 10, 1993
Pines City Ruling Abandoned
Bustamante vs. NLRC Nov. 28, 1996
No Retroactivity
Maranaw Hotel vs. CA, Nov. 6, 1992
Reinstatement
Reinstatement without Backwages
Reinstatement not feasible; Separation pay in lieu of reinstatement
How Much?
Strained Relationship Bar to Reinstatement
Damages
Moral Damages
Exemplary Damages
Indemnity
See Wenphil, Serrano, Agabon and Jaka above

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Attorneys Fees

Art. 285 Termination by Employee

Resignation and Resignation Notice
Resignation Pay
Constructive Dismissal; Forced Resignation

Art. 286 When Employment not Deemed Terminated

Suspension of Operations; Floating Status
Sentinel Security Agency vs. NLRC, Sept. 3, 1998
Prolonged Floating Status may Amount to Constructive Dismissal
Agro Commercial Security Services vs. NLRC, July 31, 1989

Book VI Title II RETIREMENT FROM THE SERVICE

Art. 287 Retirement

Retirement defined
Kinds of Retirement
R.A.7641 given Retroactive Effect; Conditions for Retroactive Application