LABOR REVIEW OUTLINE – Labor Relations

Chapter Eight 7. Nature of assumption order or certification order

8. Effect of defiance of assumption or certification orders 9. Illegal strike
A. RIGHT TO SELF-ORGANIZATION a) Liability of union officers
1. Who may unionize for purposes of collective bargaining b) Liability of ordinary workers
a) Who cannot form, join or assist labor organizations c) Liability of employer
2. Bargaining unit d) Waiver of illegality of strike
a) Test to determine the constituency of an appropriate 10. Injunctions
bargaining unit a) Requisites for labor injunctions
1 b) “Innocent bystander rule”
3. Bargaining agent
a) Voluntary recognition
(i) Requirements Chapter Eight
b) Certification election
(i) In an unorganized establishment
(ii) In an organized establishment A. Labor Arbiter
c) Run-off election *Powers:
(i) Requirements i. Adjudicatory power to hear and decide cases over which they
d) Re-run election have jurisdiction
e) Consent election ii. Contempt power
2 iii. Power to conduct ocular inspection
4. Other relevant matters iv. *Injunctive power (already deleted in recent NLRC rules; now
a) Affiliation and disaffiliation of the local union from the solely lodged with the NLRC)
mother union
(i) Substitutionary doctrine 1. Jurisdiction
b) Union dues and special assessments EXCLUSIVE AND ORIGINAL:
(i) Requirements for validity i. Art. 217 (TURDS-Oe)
c) Agency fees *ULP – only over the civil aspect; the criminal
(i) Requisites for assessment aspect being lodged with the regular courts
*Money claim: (i) regardless of amount,
accompanied with a claim for reinstatement; (ii)
B. RIGHT TO COLLECTIVE BARGAINING
regardless of whether accompanied with a claim for
1. Duty to bargain collectively
reinstatement, exceeding the amount of P5,000 pesos
a) When there is absence of a CBA
per claimant
b) When there is a CBA
Labor Arbiter – indispensable
2. Collective Bargaining Agreement (CBA) requirement: EER or when the cause of
a) Mandatory provisions of CBA action has a reasonable causal connection
(i) Grievance procedure to such relationship (reasonable causal
(ii) Voluntary arbitration connection rule)
(iii) No strike-no lockout clause
(iv) Labor management council Labor Arbiter – money claims arising from
statutes or contracts other than a CBA
Voluntary Arbitrator – arising from
b) Duration interpretation or implementation of CBA
(i) For economic provisions and of company policies
(ii) For non-economic provisions
(iii) Freedom period Labor Arbiter – arise out of employer-
employee relationship
3. Union Security Regular Courts – not arising out of EER
a) Union security clauses; closed shop, union shop,
maintenance of membership shop, etc. Labor Arbiter – money claim exceeds
b) Check-off; union dues, agency fees P5,000
DOLE Regional Director – money claim
4. Unfair Labor Practice in collective bargaining (of each employee) does not exceed P5,000
a) Bargaining in bad faith
b) Refusal to bargain Labor Arbiter – money claim accompanied
c) Individual bargaining by seeking for reinstatement
d) Blue sky bargaining DOLE Regional Director without seeking
e) Surface bargaining for reinstatement IF claim does not exceed
P5,000
5. Unfair Labor Practice (ULP)
a) Nature of ULP ii. Art. 124 (wage increase and wage distortion)
b) ULP of employers iii. Art. 128 (b)
c) ULP of labor organizations iv. Art. 227 (enforcement of compromise agreements)
v. Art. 262-A (writ of execution to enforce decisions of
Voluntary Arbitrators)
vi. Sec. 10 of RA No. 8042, as amended by R.A. 10022
(money claims of OFWs)
C. RIGHT TO PEACEFUL CONCERTED ACTIVITIES
EXCEPTIONS to the original and exclusive jurisdiction:
1. Forms of concerted activities
1. President
2. Who may declare a strike or lockout?
2. NLRC
3. Requisites for a valid strike
3. Labor Arbiter
4. Requisites for a valid lockout
4. Parties submit to voluntary arbitration with
5. Requisites for lawful picketing
voluntary arbitrators. Voluntary arbitrator will
6. Assumption of jurisdiction by the DOLE Secretary or Certification of the
only have jurisdiction over illegal dismissal cases
labor dispute to the NLRC for compulsory arbitration

1
 when there is express agreement of the parties E. DOLE Regional Directors
to the CBA. 1. Jurisdiction
F. DOLE Secretary
1. Visitorial and enforcement powers
a) versus Regional Director 2. Power to suspend/effects of termination
2. Reinstatement pending appeal 3. Assumption of jurisdiction
3. Requirements to perfect appeal to NLRC 4. Appellate jurisdiction
5. Voluntary arbitration powers
B. National Labor Relations Commission (NLRC)
1. Jurisdiction
2. Effect of NLRC reversal of Labor Arbiter’s order of G. Grievance Machinery and Voluntary Arbitration
reinstatement 1. Subject matter of grievance
3. Remedies 2. Voluntary Arbitrator
4. Certified cases a) Jurisdiction
b) Procedure
c) Remedies

C. Bureau of Labor Relations - Med-Arbiters

1. Jurisdiction (original and appellate) H. Court of Appeals
1. Rule 65, Rules of Court
I. Supreme Court
D. National Conciliation and Mediation Board 1. Rule 45, Rules of Court
J. Prescription of actions
1. Nature of proceedings
2. Conciliation vs. Mediation
3. Preventive mediation