JANUARY 2, 2018-01-24 robbery? *theft – “One does not get a second chance to make a good first *robbery – element of impression.” intimidation/force *dismissal is too severe “Hierarchy of Rights” *court: readmitted w/o backwages. * POLICE POWER supersedes the non-impairment *affirmed. clause of the Constitution. BF GOODRICH *statutory source *pending labor practice * Economic right is the least important right. *unfair labor practice vs. organization -> certificate ….CASES of election not supended -> laws encourage PAL Determination of number unionism of hours a week CALTEX *injunctions may be PAL vs. PALEA issued if it is very NSC *non-compliance of important. company’s memo *labor: generally, no *order of reinstatement injunction (national *Craygo interest) issued, unlike in - the lady guard remedial law. - made an insult against * “welga ang pinaka her supervisor importanten weapon ng - charged with labor. insubordination EMPLOYER AND EMPLOYEE: ART (212) 219 (E) and (F) FEATTI *teachers *WON the employees – *ano ang mga arguments GOCC is governed by Civil ng mga Featti? Service. No. *Feattie: not considered as labourer because they *WON the penalty was are independent correct. No, the twin contractor. notice rule was not *University: does not observed. exercise control *not industrial company PLDT *traffic officer *they are only leases *petition for illegal dismissal Why are they employees? * “lagay” “bribery” *because their services *WON the legality of are required. award correct. No. *they work for salary. *Just Cause = Moral *their GSIS, PAG-IBIG, etc., Turpitude (w/o the fault of are being paid by the the employee) company. *Authorized Cause = as provided for by law Why are their status of * when is it compensable? being an employee When is it not important? compensable? PAL “Led” item = no value, but What are the two focus of “Labor Relations”? *In this case, they were 1. UNIONISM not considered as they 2. COLLECTIVE merely represent the BARGAINING organization. LABOR DISPUTE * the status of being an DEFINITION employee is important to San Miguel Corporation *Won it is a labor dispute? determine WON they can *what is a labor dispute? form or organize Ex: Christmas party themselves as a labor Gold City Case *TRO union. *strike illegal *registration/backwages * what is an employee? *there participation of * what is an employer? employees. ……unless…? *won the award is valid. *separation pay. *wages. LABOR ORGANIZATION – LEGITIMATE LABOR *Ba’t napasok labor ORGANIZATIO dispute ditto? Airline Pilots Association Union Elections *Reinstatement and *Pilots of PAL = deadlock, salary” welga *elction during welga *why is it dangerous to let the company do that? Why did the court allow Because the Union is non-pilots to vote? supposed to be an Including those who were independent entity. To terminated? rule otherwise, the company will no longer be What is a Union? an independent entity ‘….in whole or in part…” which runs contrary to public policy. What is an employee? TEST FOR DETERMINING LABOR DISPUTE RCPI *remember that in certain DISPUTE SETTLEMENT METHODOLOGY circumstances, you are still ART. 218 (A) considered as an COLLECTIVE BARGAINING employee notwithstanding Kiok Loy if you are temporarily TRADE UNIONISM suspended, or say, ART. 218 (B) *C) -219 (G) terminated. See definition WORKER ENLIGHTENMENT for basis. DAVAO VICTORIA *religious organization LOPEZ CORPORATION *Art. 257 *Victoria has the duty to *holding of certificate of inform her subordinates election. but she misled them. *labor organization Hence, Victoria was (legitimate) are those who terminated. can only apply for “CE”. *what is a labor organization? Those which PART II: UNIONISM PROPER are registered in the department.