1.

Distinguished certification election in organized and unorganized

establishment
ORGANIZED
A. WHEN MANDATORY ON THE PART OF BLR
- upon the filing of a verified petition by a legitimate labor organization
questioning the majority status of the incumbent bargaining agent within
the 60-day freedom period before the expiration of a CBA.
- The petition must be supported by the written consent of at least 25% of
ALL THE EMPLOYEES IN THE APPROPRIATE BARGAINING UNIT. - the
employer cannot file a petition for certification election; only a legitimate
labor organization can file such petition.
B. PERIOD FOR FILING THE PETITION
a. when there is a CBA the labor organization can file a petition for
certification election within the 60-day freedom period (CONTRACT-BAR
RULE)
b. when there is no CBA, then the labor organization can file a petition for
certification election at any time, subject to the Deadlock Bar Rule.

UNORGANIZED
Upon:
a. the filing of a verified petition by a legitimate labor organization; or
b. upon the filing of a petition by the employer when such employer is requested
by the employees to bargain collectively
- any time, subject however to the ONEELECTIONPER-YEAR RULE.

2. Explain double Majority Rule and illustrate briefly296

Under the double majority rule, before a certification election becomes
valid, the majority of the bargaining unit must have valid and the winning union
must have garnered majority of the valid votes cast.

REQUISITES BEFORE A LABOR UNION CAN BE DECLARED A WINNER (DOUBLE

MAJORITY RULE):
1. Majority of the eligible voters cast their votes AND
2. Majority of the valid votes cast is for such union.

HOW TO DETERMINE THE DOUBLE MAJORITY RULE:

1. In determining the eligible votes cast [FIRST MAJORITY], include spoiled ballots
2. In determining valid votes [SECOND MAJORITY], eliminate spoiled ballots but
include challenged vote

3. Enumerate the grounds to deny a petition for certification election

Certification Election cannot be conducted in the following instances:
a. Contract-bar rule
b. 1-year-bar rule
c. Deadlock-bar rule
d. Charge-of-company unionism rule
 e. Outside-of-the-freedom period rule
f. Negotiation-bar rule
g. Appeal-bar rule
h. Not listed in the registry rule

4. What is failure of election compared to re-run election. 292

Where the number of votes cast in certification or consent election is less
than the majority of the number of eligibility voters and there is no material
challenged votes, the Election officer shall declare a failure of election in the
minutes of the proceedings.
While re-run election or invalidation of certification election is justified if
certain irregularities have been committed during the conduct of the CE such as,
disenfranchisement of the voters, lack of secrecy in the voting, fraud or bribery.
The invalidation would result to a re-run election to determine the true will of the
employee-electorates.

5. Who has the right to demand for check off? Explain why.
The employer has the right to demand for check-off but an agreement with
the union recognized as the proper bargaining representative, or on prior
authorization from its employees.

CHECK-OFF - a method of deducting from an employee‘s pay at prescribed period,

the amounts due to the union for fees, fines or assessments.

NATURE AND PURPOSE OF CHECK-OFF:

 to facilitate the collection of dues necessary for the union‘s life and
sustenance.
 Union dues are the lifeblood of the union.

6. What are the requisites of a valid special assessment from union member
REQUIREMENTS IN MAKING SPECIAL ASSESSMENTS or OTHER EXTRAORDINARY
FEES
1. there must be a WRITTEN RESOLUTION
2. he resolution must have BEEN APPROVED BY A MAJORITY of all the members
3. the approval must be AT A GENERAL MEMBERSHIP MEETING DULY called for
that purpose
 The secretary of the organization shall record the minutes of the meeting
including:
a. the list of all members present,
b. the votes cast, and
c. the purpose of the assessment or fees
 The record shall be attested by the President.
 Substantial compliance to the aforementioned procedure is not enough—
the requirements must be strictly complied with in view of the fact that the
special assessment will diminish the compensation of union members.
7. Explain the duty to bargain collectively when there is a CBA
GENERAL RULE: When there is an existing CBA, the duty to bargain
collectively shall also mean that neither party shall TERMINATE nor MODIFY such
agreement during its lifetime. It is the duty of both parties to:
a. keep the status quo and
b. to continue in the full force and effect the terms and conditions of the
existing CBA

EXCEPTION: during the 60-day period prior to its expiration, upon service of
a written notice of a party‘s intention to terminate or modify the same, a party
may choose to terminate or modify the non-representational aspect of the CBA
only after the expiration of CBA of fixed duration.

8.what is automatic renewal clause

AUTOMATIC RENEWAL CLAUSE – Art. 253 provides that the CBA shall
remain effective and enforceable even after the expiration of the period fixed by
the parties as long as no new agreement is reached by them.
AUTOMATIC RENEWAL CLAUSE is a principle mandated by law and deemed
incorporated in all CBA, that pending the renewal of the CBA, the parties are
bound to keep the status quo and to treat the terms and conditions embodied
therein still in full force and effect during the 60-day freedom period and/or until a
new agreement is negotiated and ultimately concluded and reached by the
parties.

9. What is the effect if after the lapse of the freedom period, no petition for
certification was filed?
Upon expiration of the freedom period and no petition for certification
election is filed by a challenging union, the employer is duty-bound to continue to
recognize the majority status of the incumbent bargaining unit.

10. Explain the jurisdictional precondition to set in motion the mechanics of CBA
Art 250 The mechanics of collective bargaining is set in motion only when the
following JURISDICTIONAL PRECONDITIONS are present:
1. POSSESSION OF THE STATUS OF MAJORITY representation by the employees‘
representative in accordance with any of the means of selection or designation
provided for by the Labor Code;
2. proof of MAJORITY REPRESENTATION (Certification of the BLR that the
representative of the employees in the sole and exclusive bargaining agent having
won in a certification election); and
3. a DEMAND TO BARGAIN under Article 250 (a) of the Labor Code. (Kiok Loy vs.
NLRC)
11. Does the duty to bargain collectively end with the execution of CBA? Explain

12. Who are employees entitled to CBA benefits? Can a non-union SEBA
member enjoy it?
The following are entitled to the benefits of the benefits of the CBA:
1. Members of the bargaining union;
2. Non-members of the bargaining union but are members of the bargaining
unit;
3. Members of the minority union/s who paid agency fees to the bargaining
union; and
4. Employee hired after the expiration of the CBA
Yes, a non-union SEBA member can enjoy CBA benefits

13. What are the mandatory provisions of CBA?

The mandatory provisions of a CBA are:
1. Grievance Procedure
2. Voluntary Arbitration
3. No Strike – No lock-out clause
4. Labor-management council

14. Explain a grievable issue that falls under the jurisdiction of grievance
machinery.
A grievable issue is that falls under the jurisdiction of grievance machinery
is labor-management dispute arising from interpretation or implementation of the
CBA.

15. Explain what constitute gross violation of CBA and who has jurisdiction
thereof.
A gross violation of CBA refers to all flagrant and/or malicious refusal to
comply with its economic provisions.
Such violation is an unfair labor practice and falls within the original and
exclusive jurisdiction of the labor arbiter.

16. What are two types of peaceful concerted activities. Explain each
The types of peaceful concerted activities:
1. Strike
2. Lock-out
Peaceful concerted activities
1. By labor organization
a. Strike
b. Picket
2. By employer
a. Lockout
3. Assumption of Jurisdiction

17. Explain how the secretary of labor assume jurisdiction or certify a labor
dispute
When a labor dispute cause or is likely to cause a strike or lockout in an
industry indispensable to the national interest, the SOLE may assume jurisdiction
over the dispute and decide it or certify the same to the NLRC for compulsory
arbitration, provided, that any of the following conditions is present:
a. Both parties have requested the SOLE to assume jurisdiction over the labor
dispute;
b. After a conference called by the office of the secretary of labor and
employment on the propriety of its issuance, motu proprio or upon a
request or petition by either parties to the labor dispute.

18. Distinguish the effect of defiance of assumption order by the secretary of

labor from the effect of participation in illegal strike

19. Explain the rationale why the labor code empowers the SOLE to assume
jurisdiction only in an industry affecting national interest p392
The assumption by the SOLE over the labor dispute has for its main purpose, the
resumption of the employer’s operations so essential to the national interest. It
was in recognition of the intense need to settle the nagging dispute between the
parties so that the national interest could be enhanced by a lasting and enduring
industrial peace in the employer’s establishment.

20. Who has jurisdiction over termination based on violation of USC, Explain
Why.
21. Explain the consequence of refusal to bargain and the consequence of
failure to agree to the proposed CBA.

22. Explain why the right to union membership does not actually involve
freedom of choice.

23. What are the cases falling under the jurisdiction of the Voluntary arbitrator?
JURISDICTION OF VOLUNTARY ARBITRATORS:
EXCLUSIVE ORIGINAL JURISDICTION CONFERRED BY LAW
a) All grievances arising from the interpretation or implementation of
the CBA.
b) Those arising from the interpretation or enforcement of company
personnel policies.
c) Hear and decide wage distortion issues arising from the application of
any wage orders in organized establishments.
d) Unresolved grievances arising from the interpretation and
implementation of the productivity incentive programs under RA
6071 .
 It is the labor arbiter and not the grievance machinery which has
jurisdiction over dismissals pursuant to the union security clause.
 violations of CBA, except those which are gross in character, shall no longer
be treated as ULP and shall be resolved as grievances.
24. Why do workers unionize?
Workers unionize for the following reasons:
a. Equality of bargaining power
b. Satisfactory terms and conditions of employment
c. Security of tenure
d. Participation in policy and decision-making process
e. Pressure group

25. What is the nature of the relationship between the union and its member?