labor law reviewer book five (mindmap)

7/24/2019 Labor Law Reviewer Book Five (Mindmap)

http://slidepdf.com/reader/full/labor-law-reviewer-book-five-mindmap 1/43

LABOR LAW REVIEW(Book V)

under Labor Arbiter Natividad RomaCecille Carmela T. de los Reyes

Philippine Christian University- College of Law



Labor RelationsIt is the interaction between the employer

and employees or their representatives and themechanism by which the standards and other termsand conditions of employment are negotiated,adjusted and enforced.

Interaction between employer and employeesMechanism by whichStandards and other terms and conditions ofemployment are negotiated, adjusted andenforced

Labor Relation Laws

It defines the status, rights and duties and theinstitutional mechanisms that govern the individualand collective interactions of the employers,employees or their representatives.

***Note: Absent an employer-employee relation,there is no labor relation to speak of. If there is noER-EE relationship between the parties, there is nobasis for organizing for purposes of collectivebargaining.

*** Labor Relations may be distinguished from Labor Standards in that the latter is that part oflabor law which prescribes the minimum terms andconditions of employment which the employer isrequired to grant to its employees.



LABOR RELATIONSPOLICY UNDER Section3,

Article XIII of theConstitution

The Constitution guaranteesto all workers their right,

among others to:

(a) Self-organization

(b) Collectivebargaining and

negotiations

[c] Peaceful andconcerted activitiesincluding the right to

strike in accordance withthe law

[d] Participate in policyand decision-making

processes affecting theirrights and benefits as

may be provided by law.



ARTICLE 211:DECLARATION OF

POLICY

It is the policy of theState to:

(a) Promote and emphasize theprimacy of free collective

bargaining and negotiations,including voluntary arbitration,mediation and conciliation as

modes of setting labor or industrialdisputes.

(b) Promote free tradeunionism

[c] Foster free andvoluntary organization

[d] Promote the enlightenment ofworkers concerning their rights andobligations as union members and

employees

Explained further in Art. 255 of theLabor Code.

[e] To provide an adequateand administrativemachinery for the

expeditious settlement oflabor or industrial disputes

[f] To ensure a stable butdynamic and justindustrial peace

[g] To ensure the participationof workers in decision andpolicy-making processes

affecting their rights, duties andwelfare.

B. To encourage a truly democratic method of

regulating the relations between the employersand employees by means of agreements freelyentered into through collective bargaining, nocourt or administrative agency or official sh all

have the power to set or fix wages, rates of pay,hours of work, or other terms and conditions ofemployment, except as otherwise provided in

the Code.

POLICY OF THE STATE TO ENCOURAGE FREEBARGAINING

Collective bargaining process is possible only whenthere is a labor organization, such as (a) labor union or(b) employee associationLabor relations is essentially an inter-party-- ER and EE

must deal with their problems in a manner that mutuallysuits them.Exception: But when the legal boundaries aretransgressed, the State will step in.

Hence, free collective bargaining agreement is the rule,while government intervention is the exception.Principle of Non-Oppression- it mandates that thecapital and labor must not act oppressively againsteach other or impair the interest and convenience of thepublic. The protection to labor clause in the Constitutionis not designed to oppress or destroy the capital (Capiliv. NLRC G.R 117378)

Parties to the Labor Relations Case:

Employee s organization (active party)The management (active party)The public —always to be considered in dispute between labor and capital, anheld that the rights of the general public are paramountThe State (passive party)

Conciliation, Mediation and Voluntary Arbitration as an alsettlement of labor dispute

Conciliation- process where a disinterested third party meets with managemat their request or otherwise, during a labor dispute or in collective bargaininwherein by cooling tempers, aids the parties in reaching an agreement.

Mediation- process where a third party studies each side of the dispute a proposal for the disputants to consider. But a mediator however cannotrender a decision.

Arbitration- the submission of a dispute to an impartial person forbasis of evidence and arguments of the parties. (Position papersdecision or award is enforceable upon the disputants, which may be eithercompulsory

Note that: grievancemechanism/ machineryis mandatory in theCBA

Participation in the decision and policy-making processes is limited to which

affects the employees rights, duties andwelfare (example: economic benefits)Union should be allowed participation indrafting the Code of Discipline (PAL)But in purely business matters/ initiative, itis usually within the ambit of themanagement prerogative.

The labor organization designated or selected by the majority of theemployees in an appropriate collective bargaining unit shall be theexclusive representative of the employees in such unit for the purpose ofcollective bargaining. However, an individual employee or group ofemployees shall have the right at any time to present grievances to theemployer.

Any provision of the law notwithstanding, workers shall have the right,subject to such rules and regulations as the Secretary of Labor andEmployment, may promulgate, to participate in policy and decision-making processes of the establishment where they are employed insofaras said processes will directly affect their r ights, benefits and welfare.

For this purpose, workers and employers may form labor-managementcouncils: Provided, that the representatives of the workers in such labor-management councils shall be elected by at least the majority of allemployees in the said management.

No court shall have the power to set orfix wages, except:

(a) Increase in wages by theNational Wages and ProductivityBoard (NWPB)(b) Petitions for assumption of

jurisdiction

TITLE I: Chapter 1



Art. 212: Definitions

(a) Commission

(b) Bureau

[c] Board

(d) Council

(e) Employer

(f) Employee

(g) Labor Organization

(h) Legitimate LaborOrganization

It means the NLRC or any of its divisions, as thecase may be, provided under this Code.

It means the Bureau of Labor Relations (BLR) and/or theLabor Relations Division in the regional offices establishedunder P.D. 1 in the Department of Labor

It means the Bureau of Labor Relations (BLR) and/or theLabor Relations Division in the regional offices establishedunder P.D. 1 in the Department of Labor

It means the Tripartite Voluntary Arbitration AdvisoryCouncil established under EO 126 as amended

It includes any person acting in the interest of employerdirectly or indirectly. The term shall not include any labororganization or any of its officers or agents except whenacting as employer.

It is one who employs the services of others; one for whomemployees work and who pays their wages or salaries. (FeatiUniversity v. Bautista, G.R. L-21278)

Any person acting in the interest of an emplo yer, directly or indirectly.The term does not include a labor organization or any of its officers oragents, EXCEPT when acting as an employer. In this case, the merefact that the respondent is a labor union does not mean that it cannotbe considered as an employer for persons who work for it. Much lessshould it be exempted from labor laws. (Bautista v. Inchiong, G.R. L-

52824)

It includes any person in the employ of the employer. Theterm shall not be limited to the employees of a particularemployee, unless the Code so explicitly requires.

It shall include any individual whose work has ceased as aresult of or in connection with any current labor dispute orbecause of any unfair labor practice if he has not obtainedany other substantially equivalent and regular employment.

CED

C- any individual whose work has CEASED as a result ofany current labor dispute.

E- any person in the EMPLOY of an employer.

D- one who has been DISMISSED from work but the legalityof dismissal is being contested in a forum of appropriate

jurisdiction.

Any union or association of employees which exists inwhole or in part for the purpose of collective bargaining or ofdealing with employers concerning terms and conditions ofemployment.

Types of Employees under th

1. Managerial2. Supervisory 3. Rank-and-file

Also take note that illegallemployees if (a) dismissed b(b) has not yet obtaineequivalent and regular empl

probationary in the new employee.

Any labor organization which is du ly registered with DOLE,the term includes a local/chapter directly chartered by alegitimate federation or national union which has been dulyreported to the Department in accordance with Section 2,Rule IV, Book V, IRR of LC (See notes under Art. 234 and

Labor Organization v. Employees Association

1. Labor organization- collective bargaining and for dealing

with employer regarding terms and conditions.

2. Employees Association- It can b e for the mutual aid ofthe employees.

Chapter 2



Types of LaborDisputes

Labor StandardDisputes

Labor RelationsDispute

Compensation (underpayment of minimumwage, stringent output quota, illegal paydeductions)Benefits (nonpayment of holiday pay,overtime pay or other benefits)Working conditions (unrectified workhazards)

Organizational right dispute/ unfair labor practice (coercion, restraint, inferencin unionization efforts, reprisal or discrimination due to union activities, compaunionism)Representation disputes (determination of the collective bargaining unit, ULPstrike, uncertainty as to determination of the sole and exclusive bargaininagent of the employees in an appropriate bargaining unit which is the majorityunion)Bargaining disputes (refusal to bargain or ULP, bargaining deadlock, economicstrike or lockoutContract administration or personnel policy disputes (non-compliance with thCBA provisions, ULP if gross non-compliance with the economic provisiodisregard of grievance machinery, violation of no-strike or no-lock

Chapter 2



National Labor RelationsCommission (As amended by

RA 9347, 2006)

Title 2, Chapter 1

An administrative body with quasi-judfunctions and the principal governmagency that hears and decides labmanagement disputes, attached to tDOLE for program and policy coordinaonly.

It is independent from DOLE, attached tonly for program and policy coordinaonly.

Commissioners are the same rank as C justices, arbiters and RTC judges.

Composition

1 Chairman and 23 MembersEight (8) members each, shall be chosenominees of workers and employers organThe Chairman and the seven (7) remainifrom the public sector, with the latter to bamong the incumbent Labor Arbiters.Upon assumption into office, members nand employers organization shall divaffiliation with, or interest in the federatithey belong.

Note: The NLRC composition is trisecrepresentation of three sectors —publand workers —in the policy-making bTripartism is observed in numerous ginstrumentalities among them, the NLRC.

There is no need for the Comission on Apppositions in the NLC. Such requirement has(Calderon v. Carale, G.R. 91636)

Definition

NLRC acts En Banc when they:

Promulgate rules and regulations governingthe hearing and disposition of casesFormulate admin policies

Allow cases within the JD of any division tobe heard and decided by another divisionRecommend appointment of Labor Arbiter They decide and do stuff in divisions of

three (3) commissioners. An individualcommissioner has NO adjudicatory power.

En Banc

Division

Eight division each with three membersExclusive appellate JD over cases withintheir respective territorial jurisdiction,appealed from the Labor Arbiter

But the division shall have original jurisdiction in two instances:(1) Petition for injunction(2) Certified national interest labordisputes which are referred to thecommission for compulsory arbitration(Art. 263, g)

Adjudication ofCases

The NLRC adjudicates cases by division. A concurrence of 2 votes is needed for a valid judgment.(Since 3 members each per division)(Whenever the required membership in a division is notcomplete and the concurrence of the commissioners toarrive at a judgment or resolution cannot be obtained, theChairman shall designate such number of additionalcommissioners from the other divisions as may benecessary)It shall be mandatory for the division to meet for purposesof consultation.The conclusion of a division on any case submitted to itfor decision should be reached in consultation before thecase is assigned to a member for the writing of theopinion.

A certification to this effect signed by the presidingcommissioner of the division shall be issued (copyattached to the record of the case and served upon theparties)

Jurisdiction

Exclusive and Original JD

Certified cases- cases certified to it for compulsory arbitration by theSecretary of Labor under Art. 263 or the President under Art. 264Injunction cases under Art. 218 and 264, an dContempt cases

Exclusive Appellate JD

Cases decided by the LA under Art. 217 of the Labor Code and Sec. 10 ofRA 8042 Migrant Workers Act) andCases decided by the Regional offices of DOLE in the exercise of itsadjudicatory function under Art. 129 of the Labor Code over monetaryclaims of workers amounting to not more than P5k.

Note that: findings of facts of a labor tribunal are accorded with utmost respectby the courts and well-nigh conclusive if s upported by substantial evidence.

Note also that barangay conciliation is NOT applicable in labor cases, sinceordinary rules of procedure are merely suppletory in character vis-à-vis labordisputes which are primarily governed by labor laws. (Montoya v. Escayo G.R.82211)

(Art. 215) Headquarters,Branches and

Provincial ExtensionUnits)

The Commission and its first,second, third, fourth, fifth andsixth divisions shall have theirmain offices in MetropolitanManila, and the seventh andeighth divisions in the cities ofCebu and Cagayan de Oro,respectively.

(Art. 216) Salaries,Benefts and other

Emoluments

The Chairman and members of theCommission shall have the same rank, receivean annual salary equivalent to and be entitledto the same allowances, retirement andbenefits as, those of the Presiding Justice and

Associate Justice of the Court of Appeals,respectively.Labor Arbiters shall have the same rank,receive annual salary equivalent to and beentitled to the same allowances, retirement andother benefits and privileges as those of the

judges of the Regional Trial Courts.



Case Doctrines: Art.211 to 216

Exercise of managementprerogative is initiated by law, CBAand general principles of fair playand justice. Moreover, it must beduly established that theprerogative being invoked is amanagerial one.

There s a differemanagement regarding business opse and those whicrights of EEs. Inmanagement should s

the EES are at leinformed of its dactions.

Participation does not mean thatthe EEs will control the decision-making. It means that they mustbe consulted. In the end,management will still prevail. (PALv. NLRC)

The existence of a labor dispute isnot negated by the fact that theplaintiff and defendants do notstand in the proximate relations of

ER-EE.

The issue of whether or not thefederation has reasonable groundsto expel the petitioner unionofficers is within the jurisdiction ofthe BLR, it being an intra-unionconflict.

For a labor organization toenjoy all the rights andobligations of a legitimatelabor organization, it mustbe registered.

If majority of the employees refuse to adhereto a work schedule, this constitutes strike ininstallment which is illegal. (Interphil EU-FFWv. Interphil, wherein the employees resortedto overtime and boycott and slowdown tocoerce the employer to accede to theirdemands.

Runaway shop is an industrial plantmoved by its owner from onelocation to another, to escape unionactivities. In other words, therelocation is motivated by anti-unionanimus rather than for businessreasons.



JURISDICTION OF LABORARBITERS AND THE

COMMISSION

Except as otherwise provided under this Code, the LA shall haveoriginal and exclusive JD to hear and decide, within 30 calendar daysafter the submission of the case by the parties for decision withoutextension, even in the absence of stenographic notes, the ff. casesinvolving all workers, whether agricultural or non-agricultural:

(1) ULP(2) Termination disputes(3) If accompanied with a claim for reinstatement, those that workersfile involving wages, rates of pay, hours of work and other terms andconditions of employment(4) Claims for actual, moral, exemplary and other forms of damagesarising from ER-EE relations(5) Cases arising from violation of Art. 264 (strikes and lockouts),including questions involving the legality of strikes and lockouts(6) Except claims for Employment Compensation, Social Security,Philhealth and maternity benefits all other claims arising from ER-EErelations, including those persons in domestic or household service,

involving an amount exceeding P5,000.00 regardless of whetheraccompanied with a claim for reinstatement.(7) Monetary claims of overseas contract workers arising from ER-EErelations under Migrant Workers Act of 1995(8) Wage distortion disputes in unorganized establishments not

l il l d b h i RA 6727

Exclusive and Original JD of Labor Arbiters

Compulsory arbitration- the process of settlement of labor dispby a government agency that has the authority to investigate make an award which is binding on all parties. (The Laclothed with original and exclusive jurisdiction to compulsory arbitration —but once on appeal to the NLRClonger part of the arbitration proceedings as the NLRC mreviews the decision of the Labor Arbiter)

Of all the cases within the JD of the LA, the parties maagreement, go to a voluntary arbitrator instead. (The law prvoluntary arbitration, instead of compulsory arbitration)

The common element in cases which go under the LA iexistence of employment connection, where law of resolutionapplies (is the Labor Code or the Civil Code which will apply?)

On termination disputes, the termination disputes which are refeto are those which does NOT involve enforcement or interpretaof personnel policies (Read with Art. 261)

On strike cases, the Labor Arbiter has the duty to determinel li f ik d l k



NLRC POWERS

Makregulatio

to its fumak

Hold persons incontempt

Issue injunctionsand restraining

orders

Conduct ocularinspections

Decide appealedcases

In direct contempt:

If it is against the LA- a fine notexceeding 100, or imprisonmentnot exceeding 1 day or both

If it is against the Commission, afine not exceeding 500, orimprisonment not exceeding 5days or both

If indirect contempt:

Follow the manner prescribed inRule 71 of the ROC

Main consideration is substantial andirreparable injury to complainant sproperty which is:

beyond repair and that business has to prove it willnot be able to recover.

Permanent injunctions can only be issuedafter hearingTROs last only for 20 days and must beplacedIssuance of a TRO ex parte is not per seprohibited. It must be justified byconsiderations of extreme necessity —when the commission of unlawful acts iscausing substantial and irreparable injuryto company properties and the company isbereft of any adequate remedy by law.

Must be within office hours.

Conduct an ocular inspection on anyestablishment, building and the like

As any employee, laborer or anyperson for any info concerning anymatter relative to the object ofinvestigation

Requisites before restraining order/ injunction mayissue:

File a verified petitionHearing after due and personal notice has been servedReception at the hearing of the testimony of witnesseswith opportunity for cross examinationFinding of fact of the Commission that:

(a) prohibited and unlawful acts are committed andwill be continued unless restrained(b) That substantial and irreparable duty willfollow without the restraining order [c] That complainant has no adequate remedy bylaw[d] That complainants has no adequate remedy atlaw[e] That public officers charged with the duty to

protect complainant s property are unable orunwilling to furnish adequate protection

Requisites before a TRO may be issued ex parte:

Where substantial and irreparable injury will beunavoidableThere is a testimony under oath to justify theCommission in issuing a TROThe complainant shall first file an undertaking withadequate amount to be fixed by the Commissionsufficient enough to recompense any lossThe TRO shall be effective no longer than 20 days andshall become void at the expiration of 20 days

In absence of service of summons or a valid waiverthereof, hearings and judgment rendered by the Labor

Arbiter are null and void.

The procedural and substantial requirements of Art. 218

must be strictly complied before an injunction may beissued in a Labor Dispute.

Who may issue TRO/Injunctions in LaborDisputes?

President (Art. 263, g)Secretary of Labor (Art. 263)Labor Arbiters (Art. 217)NLRCRegional DirectorsMed-arbiters



Art. 221. TECHNICALRULES NOT BINDING

AND PRIOR RESORT TOAMICABLE SETTLEMENT

An amicable settlement of a labor dispute shoube approved by the labor arbiter before whom tcase is pending after being satisfied thvoluntari ly entered by the part ies andexplained the terms and consequences thereof.

PURPOSE: for the employee s protectlabor arbiter before whom the case is pending be in a better position than just any labor arbpersonally determine the voluntariness oagreement and certify its validity.

An amicable settlement of adispute should be approved blabor arbiter before whom the pending after being satisfied was voluntarily entered by the and after having explained theand consequences thereof.

Res judicata applies only to judicial or quasi-judicialproceedings and not to theexercise of administrativepowers.

Formal or trial-type hearing is not at allessential to due processIt is enough when parties are afforded

fair and reasonable opportunity toexplain their sides of the controversyLabor cases can be decided on thebasis of position papers and otherdocuments submitted by the partiesThe Rules however encouragecompromise settlement but they have tobe approved by the Labor Arbiter.The LA shall exert efforts towardamicable settlement.

They can be settled at anyproceeding, at any point/ time ofthe proceeding.



Art. 222.APPEARANCE AND

FEES

General rule: Only lawyers can appear before theNLRC, or any Labor Arbiter Non-lawyers may appear in court if:

1. He represents himself as a party to the case.2. Represents a legitimate labor organization.3. Represents a member or members of alegitimate organization existing in theestablishment.4. Duly accredited member of any legal aid officeand recognized by the DOJ or the IBP.5. He is the owner or president of a corporationor establishment party to the case.



COMPARATIVE CHART ON JURISDICTIONS

Bureau of LaborRelations Grievance Machinery Voluntary Arbitration Labor Arbiter NLRC

Inter-union disputeIntra-union disputeLabor Management Relations exceptinterpretation or implementation ofthe CBA

Interpretation and implementation ofthe CBAInterpretation and enforcement ofcompany personnel policies

(Note that it is the labor arbiter and n otthe grievance machinery which has

jurisdiction over dismissal pursuant tothe union security clause)

Unresolved grievances Agreement on other labor dispute(Bargaining deadlock, ULP)

ULPTermination disputesReinstatement with cases involvingwagesClaims of damages arising fromemployer-employee relationship

Cases involving prohibited acts instrikes

(Bombo Radyo v. SOLE) If theemployer-employee relationship hasceased, claims for payment of monetarybenefits arising out of that relationshiphas to be referred to the NLRC-Labor

Arbiter because it has JD in view oftermination of ER-EE

Hence, if there is still ER-EErelationship, Labor Arbiter nor the NLRChas jurisdiction.

So

NLRC = determination of ER-EErelationship in termination cases

DOLE= enforcement of labor standardprovisions so dapat established na mayemployer-employee relationship natalaga

If no employer-employee relationship, tothe regular courts

Appellate jurisdiction over Labor ArbitersRule-making powersInjunction

Contempt

Grounds for judicial review ofdecisions of voluntary arbitrators

Grave abuse of discretionLack of jurisdictionViolation of due processDenial of substantial justiceErroneous interpretation of the law

National Conciliation and MediationBoard (NCMB)- strikes



Art. 223.APPEAL

Abuse of discretion on the part ofLabor Arbiter or Compulsory

Arbitrator If decision or order was securedthrough fraud or coercionIf made purely on questions of lawIf serious error in the findings offacts are raised

GROUNDS

Decisions of Regional Director5 calendar days from receipt of order.

Decisions of Labor Arbiter 10 calendar days from receipt of decision. Note

that, the appeal must be under oath and must specificallystate the grounds relied upon and the supportingarguments. If the last day falls on a holiday or weekend,file on the next business day.

Petition for relief from the decision of the labo r arbitermust strictly comply with these two reglementary period:

Petition must be filed within 60 days from knowledgeof judgmentWithin a fixed period of 6 months f rom entry of such

judgment

PERIOD WITHINWHICH TOAPPEAL

No —the period of appeal tocases decided by theRegional Director and theLabor Arbiter is neverextendible. It is the policy ofthe state to settleexpeditiously labor disputes.

IS THE PERIOD TOAPPEAL EXTENDIBLE?

File verified memo of appeal within requiredperiod of appealIn case of monetary award, the employer shouldfile a bond either in the fo rm of cash deposit orsurety corresponding to the monetary award

excluding awards for moral, exemplary damagesand attorney s fees

Appeal fee is P110Furnish other parties with the memo of appeal

If the employer fails to post a bond to perfect theappeal, the remedy of the employee is NOT petitionfor mandamus but a motion to dismiss appeal.

The intention of the lawmakers is to make the bondan indispensable requisite for the perfection of anappeal by employer.

REQUISITESBEFORE APPEAL

TO NLRC ISPERFECTED

The LA decision orderingreinstatement of a dismissed orseparated employee shallIMMEDIATELY BE EXECUTORYThere is no need for the arbiter toissue a writ of execution on thereinstatement order as it is self-executory (Pioneer TexturizingCase)

EXECUTIONPENDING APPEAL

He can admit the dismissed employeeback to workHe can reinstate the employee merely inthe payroll

Note that: failing to exercise any option maycompel the employer under pain of contemptand the employer may be made to payinstead the salary of the employee.

OPTIONS OFEMPLOYER IN COMPLYING

WITH ORDER OFREINSTATEMENT



Art. 223.APPEAL

Abuse of discretion on the part of Labor Arbiter or Compulsory Arbitrator If decision or order was secured throughfraud or coercionIf made purely on questions of law

If serious error in the findings of facts areraised

APPEAL FROM THENLRC DECISION

The decision of the Secretary of Labor,Commission, Bureau or Regional Director, L

Arbiter, Med-arbiter or Voluntary Arbitratorbe final and executory after 10 calendar daysfrom receipt thereof by the parties.Upon its initiative or upon motion of anyinterested party, they may issue a writ ofexecution on a judgment within 5 years fromdate it becomes final and executory.The immediate execution should be undertakonly when the monetary award has beencarefully and accurately determined by theNLRC and only after the employer is given topportunity to be heard and to raise objectio

the computation.

Art. 224, EXECUTIONSOF DECISIONS, ORDER

OR AWARDS

Appeal Bond



Title 3

BUREAU OF LABORRELATIONS

(Med-Arbiter)

Exclusive OriginalJurisdiction

Inter-union conflicts

Intra-union conflicts All disputes, grievances orproblems arising from oraffecting labor-management relations inall workplaces whetheragricultural or not

Cases where BLRhas no JD

Those arising fromimplementation ofcollective bargainingagreements which shallbe subject of grievanceprocedure and/ orvoluntary arbitration

Intra-union

Disputes

Includes all disputes or grievances arisingfrom any violation or disagreement overany provision of the Constitution and by-laws of a union.

It also includes the violation of the r ightsand conditions of union membershipprovided in the Labor Code.

(Intra meaning within the labor organizationand the employers lang)

Inter-union

Disputes

Refers to questions involving orarising out of representation disputesbetween or among different unions.

It also includes other conflicts whichlegitimate labor organizations may haveagainst each other based on anyviolation of their rights as labororganizations.

Note that:

Since the BLR exerciseslabor-management relations,the Med-arbiter HAS THE

AUTHORITY to determinethe existence of employer-employee relationship.

Requirementsin

Filing Cases

If it involves the e ntire membership(a) The complaint must be signed by atleast 30% of the entire membership ofthe union (b) and it must showexhaustion of administrative remedies

If it involves a member onlyIn such cases only the member may filea complaint

AdminFunctions

Regulation of registration oflabor unionsKeeping of registry of laborunionsMaintenance of a file ofCBAs

Has absorbed all the conciliation,mediation and voluntary arbitrationfunctions of the BLR

National Conciliation andMediation Board (NCMB)

E.O. 126



COMPROMISEAGREEMENTS

Quitclaim

Quitclaim, in relation to labor law, is defined as a waiverof claim by an employee against his employer.

Requisites for a valid quitclaim:

Must be voluntarily arrived at by the partiesMust be within the assistance of BLS (Bureau of LaborStandards), BLR or any representative of the DOLEThe consideration must be reasonable

If filed WITHOUT the assistance of DOLE it is validbinding within the parties but the parties can still go to theNLRC and repudiate the agreement.

If filed WITH the assistance of DOLE, it shall be finaand binding between the parties, except: (1) in case ofnon-compliance with the compromise agreement (2) Ifthere is evidence that the settlement is obtained by fraud,coercion or misrepresentation —In such cases, the NLRCmay assume jurisdiction.



Title 4

Registration and Cancellation

LABORORGANIZATION

A labor organization is any union orassociation of employees whichexists in whole or in part for thepurpose of:

(a) collective bargaining(b) of dealing with employersconcerning the terms andconditions of employment

DEFINITION

For securing a just and fair wage and good workingconditions for laborers, and for protection of laboragainst unjust exactions of capital.

Reason for requirement of registration?

It is a condition sine q ua non for the acquisition of a legalpersonality. After registration, it becomes juridical personand would seek recognition from management as SAEBA(sole and exclusive bargaining agent)

PURPOSE

For Independent Labor Union

Written application verified by the Sec/ Treasurer, attestedto by the President

Names of members comprising at least 20% of employeesin the bargaining unit where it seeks to operate

Non-existence of CBA

If CBA exists, state in the application that it is filed within thefreedom period.

It shall be accompanied by these at tachments:

Registration fee for P50.00Names and officers and their addressesMinutes of the organizational meetingList of workers who participated in the organizationalmeetingNames of all members and employees in the bargaining unit

Annual financial report, if the applicant has been existing forat least one year Four copies of CBL (constitution and by-laws)Minutes of the resolution of the CBL and the l ist of memberswho participated in the bargaining unit concernedIf there exists a CBA submitted to the DOLE, a swornstatement that the application for registration is filed duringthe last 60 days of the agreement.

REQUIREMENTSBEFORE A LABOR ORGMAY BE REGISTERED

IN THE BLR

Mandamus is the properremedy for unjustified refusalof Bureau in approving theapplication and thecorresponding issuance ofcertificate of registration, itbeing a ministerial duty.

What is the remedyfor unjustified

refusal of BLR?

Federation is an association of national unions.

Requirements before a federation can be issuedcertificate of registration:

ApplicationProof of affiliation of at least 10 lo cals orchapters each of which must be: (a) dulyrecognized collective bargaining agent (b)supports the registration of such applicantfederation or national unionThe names and addresses of the companieswhere the locals or chapters operate and thelist of all members in each companyinvolved.

FEDERATION

For Local Chapters

Application formCharter certificate issued by the federation or

national union indicating the creation/ establof the local chapter Names of local/ chapter officers, their addresand principal officeLocal/ chapter s CBL, provided that wherechapter s CBL is the same as the federation national union, the fact shall be indicatedaccordingly



LABORORGANIZATION

Public Sector (a) Employees Organization(b) Public Sector Union

Private Sector (a) Federation/ National Union(b) Chartered Local Union[c] Independent Union

KINDS OFLABOR ORG

Yes, but it depends whether the Union is individual ly registered or not

If independently registered, the affiliation is by signing a contract ofaffiliation with the labor union and the regi stration of such contract withthe BLR.

If NOT independently registered= affiliation is done by application withthe federation so it may be issued a charter certificate-- to be filed withthe BLR.

What if it DISAFFILIATES?

If independently registered, the disaffiliation with the union would notaffect its being a legitimate labor organization and therefore wouldcontinue to have the rights and privile ges of a legitimate organization —CBA will still be valid.

If NOT independently registered= it would cease to be a legitimatelabor organization and would therefore no longer have the legalpersonality.

May a localunion affiliate

with a federation?

Yes, provided that:

(1) Federation is not activelyinvolved in union affairs;

(2) Rank-and-file employees arenot directly under the control of thesupervisors

Can a union of supervisory EEs

affiliate with federation ofrank-and-file employees?

Art. 236. Denialof Registration

Denial of registration by theBLR is appealable to theSecretary of Labor within 10calendar days from receipt, ongrounds of:

1. Grave abuse of discretion2. Gross incompetence

Art. 238. Cancellationof Registration,

Appeal

Certificate of registration may be

cancelled by the BLR if it has reasonto believe after due hearing that thesaid labor organization no longermeets one or more of the requirementsherein prescribed.

Appeal may be filed within 15 daysfrom the receipt of Decision to theSecretary of Labor.



LABORORGANIZATION

Grounds forCancellation o fUnion Registration

Misrepresentation, false statement or fraud in connection wadoption or ratification of CBL, (2) minutes of ratification (3) list ofmembers who took part in the ratificationFailure to submit document within 30 days from adoption orratification of CBL and its amendmentsMisrepresentation, false statement, fraud in connection with:

(a) Election of officers(b) Minutes of election of officers, list of voters, failure t

these documents together with the list of newly-elected/appointed officer[c] Within 30 days from election

Failure to submit the annual financial report to the BLRdays after closing of every fiscal year, and misrepresentation, fraud,and false entries)Acting as a labor contractor or engaging in a cabo (conout of work) system or otherwise engagement in any prohibitedactivityEntering into CBA which provides terms and conditions of

employment WITHIN the minimum standard provided by lawAsking for or accepting attorney s fees or negotiation fees frothe employersOther than mandatory activities under this Code, checking off specialassessment or any other fees without duly signed individual writtenauthorization of the members,Failure to submit list of individual members to the Bureauyear of whenever required by the BureauFailure to comply with the requirements under Art. 237 and 238.(with respect to federal/ national unions)

Remedy in case the BLR should cancel theunion registration:

Appeal to the Secretary of Labor within 10calendar days on the ground of (1) graveabuse of discretion (2) gross incompetence ofthe BLR

Should the SOLE affirm the Bureau s decision,file before SC under Rule 65.



UNION ORGANIZATION/ REGISTRATION PROCESS

Based on LA Natividad Roma s Lecture

House Union(Independent Union) Affiliated Union

Without certificationissued by the

Federation

With certification issued bythe Federation

Follow the prodecure under Art. 234After registration, it becomes a juridicalperson and would seek RECOGNITIONFROM THE MANAGEMENT as the SAEBA

(sole and exclusive bargaining agent)

Management mayagree or disagree

Then the labororganization becomes the

sole and exclusivebargaining agent

(SAEBA)

If it agrees If it disagrees

Then CERTIFICATION ELECTIONensues

Note that: voluntary recognition is nolonger allowed, there should be a

certification election if the managementdisagrees.

At this point, management s refusal torecognize the labor organization is

STILL VALID.

At the end of CertificationElection is an ORDER from

the BLR (Med ArbiterRegional Office) naming the

Management s rlonger allowed th

otherwise —they m

Note that: even before registration, ULP maybe committed, as intrusion on the employee s

right to self-organize is considered ULP.



Art. 241- Rights andConditions of

Membership in a LaborOrganization

No special assessment or other extraordinaryfees may be levied upon the members of a labororganization UNLESS:

(a) authorized by written resolution of amajority of all members at a generalmembership meetings

The secretary of the organization shall recordthe minutes of the meeting including:

(a) List of all members present(b) Votes cast[c] Purpose of assessment or fees

Which shall be attested to by the President

The REQUIREMENTS when it comes to specialassessment are as follows:

There must be a written resolutionThe resolution must have been approved by amajority of all members

Approval must be at a general membership dulycalled for the purpose

Requirements inMaking aSpecial

Assessment

GENERAL RULE Art. 241: No special

assessment, attorney s fees, registration fees orany other extraordinary fees may be checked offfrom any amount due an employee —WITHOUTan individual written authorization duly signed bythe employee.The authorization should specifically state the:(a) amount (b) purpose [c] beneficiary ofdeduction

EXCEPTION to the requirement of individualwritten authorization —(a) the law does notrequire it when it comes to mandatory feesunder this Code (b) when non-union membersavail of the CBA benefits.

Requisites fora Valid Check-off?

It is a method of deducting from anemployee s pay at prescribed period, theamounts due to the union for fees, fin es orassessment.

In special assessment, there must be awritten resolution authorized by majority ofthe members at a general meeting called forthe purpose.

Purpose of check-off- to facilitate thecollection of dues necessary for the union slife and sustenance.

What isCheck-off?

Political Right- right of members to vote and be voted for

Deliberative and decision-making right- members rightto participate in deliberations on major policy questions anddecide them by a secret ballot

Rights over money matters- right of members against (a)excessive fees (b) unauthorized collection of co ntributionsor unauthorized disbursements [c] require adequaterecords of income and disbursements (d) access fi nancialrecords (e) vote on officers compensation (f) vote onspecial assessment (g) to be deducted special assessmentonly with the members written authorization

Right to information- members right to be informed about:(a) the organization s CBL (b) CBA © about labor laws

General Rights ofUnion Members (Art. 241)



Art. 242- Rights of aLegitimate Labor

Organization

Undertake activities for benefit ofmembersSue and be suedExclusive representative of allemployeesRepresent union membersFurnished by employers of auditedfinancial statementsOwn propertiesExempted from taxes

Rights ofLLO

Where a union is a labor party in aproceeding and it later loses itsregistration permit during the pendency ofthe case, such union may still continue as

a party without need of substitution ofparties, subject however to theunderstanding that whatever decision maybe rendered therein will only be bindingupon those members of the union whohave not signified their desire to withdrawfrom the case before its trial and decisionon the merits.

Effect of Cancellationof Registration in the Course of

Proceedings



Title 6

Unfair Labor Practice

Art. 247. UnfairLabor Practice

Violate the con sti tut ional r ight ofworkers and employ ees to self- organization Inimical to the legitimate interest of bothlabor and management, including their rightto bargain collectively and otherwise dealwith each other in an atmosphere offreedom and mutual respectDisrupt industrial peaceHinder the promotion of healthy and stablelabor-management relations

Nature ofULP

P i i



Art. 246. ULP byEmployer

(a)To interfere with, restrainor coerce employees in theexercise of their right to self-organization

(b) To require as a conditionof employment that aperson or employee —(a)shall not join a labororganization (b) shallwithdraw from one to whichhe belongs

[c] To contract out servicesperformed by union members —when such will interfere with theemployees right to self-organize(example: contracting outservices during strike)

[d] To initiate, dominate orotherwise interfere (1) with theformation of labor organization(2) including the giving offinancial or other support to itsorganizers or officers

[e] DISCRIMINATION Todiscriminate in regard to wages,hours of work and other termsand conditions of employment —in order to encourage ordiscourage membership in anylabor organization

Whenever the benefits or privileges given to one is notgiven to the other under similar or identical conditionsWhen directed to encourage or discourage unionmembershipTo dismiss, discharge or otherwise prejudice ordiscriminate against an employee —for having given orabout to give testimony under the CodeTo violate the duty to bargain collectively as prescribed bythe CodeTo pay negotiation or attorney s fees to the union or itsofficers or agents —as part of the settlement of a ny issuein collective bargaining or any other disputesTo violate a CBA —which must be gross and must pertainto the economic provisions only.

Test of Discrimination? Yellow Dog Contract = a promise exacted fromworkers as a condition of employment that they are notto belong to, or attempt to foster a union during theirperiod of employment.

It is contrary to public policy for it is tantamount toinvoluntary servitude.

It is entered into without consideration for employees towaive their right to self-organization. Employees arecoerced to sign contracts disadvantageous to theirfamily.

It prohibits discrimination in terms andconditions of employment in order toencourage or discourage membershipin the union

It gives validity to union securi tyagreements

It allows an agency shop agreement whereby agency fees may be collectedfrom non-union members

Three components of Art. 248 onDiscrimination

Does Art. 248 mean that an emcontract out w

No. Contracting out per se is not Uwhen the following conditions exi

The services contracted out arby union membersSuch contracting out interferescoerces employees in the exerself-organization.

However, when the contracting-ouminimize expenses, then it is a val

management prerogative.



SecurityArrangements

These are CBA stipulationsrequiring membership in the

contracting union as a condition foremployment or retention of

employment in the company.

Protection

To shield union membersfrom whimsical and abusive

exercise of managementprerogatives

Benefits

An additional membership willinsure additional source of

income to the union dues and

special assessment

Self-Preservation

It strengthens the unionthrough selective acceptanceof new members on the basis

of commitment and loyalty



Different Kinds of

SecurityArrangements

Closed Shop Agreement

The employer undertakes not toemploy any individual who is not a

member of the contracting union andthe said individual once employed

must, for the duration of theagreement, remain a member of theunion in good standing as a condition

for continued employment.

Union-Shop Agreemen

Stipulation whereby any persbe employed by the employ

once employed such employeewithin a specific period, bec

member of the contracting unremain as such in good stand

continued employment duration of the CBA

Agency Shop Agreement

An agreement whereby employees musteither join the union or pay to the union asexclusive bargaining agent a sum equal to

that paid by the members.

This is directed against free rideremployees who benefit from union

activities without contributing to unionsupport to prevent a situation of non-union

members enriching themselves at theexpense of union members.



Requirements for a ValidUnion or Closed Shop

Agreement

(So that employer can terminatethe employee for violation of said

agreement)

It must be expressed in a clear and

unequivocal way so as not to leaveroom for interpretation because it is alimitation to the exercise of the right to

self-organization.

Any doubt must be resolved againstclosed shop.

It can only have aprospectiveapplication

It can only be exercised by givemployee the right to due process

The employer has the right toitself that there are sufficienfor the request of the unionThe termination of the empnot automatic upon requestunion

It cannot be applied toemployees who are

already employees of therival union nor to the

employees based on theirreligious beliefs



Unfair LaborPractices of Labor

Organizations

To restrain or coerce emplo yeein the exercise of their r ight tself-organization.

However, a labor organization sh

have the right to prescribe its orules with respect to the acquisitor retention of membership

To cause or attecause an employerdiscrimi nate agains

employee.

To violate the duty orrefuse to bargaincollectively with employer

To cause or at tempt to cause anemployer to pay or deliver or agreeto pay or deliver any money or otherthings of value in the nature ofexaction, for services which are not

performed or not to be performed,including the demand for a fee for union

negotiations (featherbedding)

To ask for or acceptnegotiat ion or at torney sfees from employers as

part of the settlement of anyissue in collective bargainingor in any dispute

To violate aCBA.

PERSONS CIVILLY LIABLE FOR ULP

Officers and agents of employer Labor organization, officers and agents

PERSONS CRIMINALLY LIABLE FORULP



Title 7 Collective Bargaining andAdministration of Agreements

Procedure inCollective

Bargaining

It is the negotiation byorganization or group of workin behalf of its members, withemployer, concerning wages, hoof work or other terms conditions of employment andsettlement of disputes negotiation between an empland the representative of employees.

MeaningWritten notice with statemproposalsReply by the other partyIn case of differences, either parequest for a conferenceIf not settled NCMB may intervencourage the parties to submdispute to a voluntary arbitrator If not resolved, the parties ma

where they want and resort to anlawful means

Procedurein CBA

CBA is a negotiated contract between alegitimate labor organization and the

Scope of CBA

Mandatory provisions of the CBA

WagesHours of workGrievance machineryVoluntary arbitrationFamily planning

Rates of payMutual observance clause

In addition, the Bureau requires that theCBA should include a clear statement of the

Scope of CBA



Title 7 Collective Bargaining andAdministration of Agreements

Duty to BargainCollectively

where there isCBA

A group of employees of a givenemployer, comprised of all or lessthat all the entire body ofemployees, consistent with equityto the employer —indicate to bebest suited to serve the reciprocalrights and duties of the partiesunder the collective bargainingprovision of the law.

Bargaining Unit

The express will or desire oemployees (Globe Doctrine)The substantial and mutinterest factor Prior collective bargaining histoEmployment status, such temporary, seasonal probationary employee

Four FactorsIn Determiningthe AppropriateBargaining Unit

Similarity in the scale and manner of determiningearnings

Things to Consider inDetermining the Community

Interest DoctrineAutomaticRenewalClause

1. By selection =certification election

Voluntary recognition/direct certification underEO 111 is no longerallowed

Method of Choosing the

Bargaining Unit



CERTIFICATIONCONSENTELECTION

Aimed at determining theSAEBA (sole and exclusivebargaining agent) of all theemployees in an appropriatebargaining unit for the purposeof collective bargaining

An agreed one, its purposebeing merely to determine theissue of majority representationof all workers in the appropriatecollective bargaining unit

Separate and distinct fromconsent election

From the very nature ofconsent election, it is aseparate and distinct processand has nothing to do with theimport and effect of acertification election.

What is the effect of voluntary recognition by the employer?

By voluntary recognition of the employer, the labor organizationorganized by the employer as the exclusive bargaining agent maycollectively bargain with the employer.

When is conductof CE mandatoryon the part of the

BLR?

In an unorganized company —

(a) upon filing of a verified petition by alegitimate labor organization

(b) upon filing of a petition by the employerwhen such employer is requested by theemployees to bargain collectively In an organized company upon filing of a

verified petition by a legitimate labororganization questioning the majority statusof the incumbent bargaining agent withinthe 60-day freedom period before theexpiration of CBA

The petition must be supported by

the written consent of at least 25% ofall the employees in the appropriatebargaining unit.

Note that: in case the establishment isorganized, the employer cannot file apetition for certification election, only alegitimate labor organization may filesuch petition.



When may a labororganization filefor certification

election

When the establishment isnot organized, it can file apetition for CE at any time,subject however to the ONE-ELECTION-PER-YEAR rule.

In an organized establishment,

(a) when there is CBA —the labor organization cpetition for certification election within the 60-day freperiod (CONTRACT-BAR RULE)

(b) when there is no CBA —then the labor organizafile a petition for certification election at any time, subjthe Deadlock bar rule.

Deadlock bar rule —a petition for CE can entertained if there is no pending bargaining deadsubmitted to conciliation or arbitration or had becomesubject of a valid notice of strike or lockout.

Requisites before a labor union may be declared awinner:

Majority of the eligible voters cast their votesObtained majority of the valid votes cast (double majo



How to determine two majority?

In determining VALID VOTES =eliminate spoiled ballots, but includechallenged votes

In determining ELIGIBLE VOTESCAST= include spoiled ballots

Run-off Elections

This happens when:

(a) The election provides for at least 3choices —(no union is always a choice)

(b) The election results in none of thechoices received the majority votes(50%+1) of the valid votes cast.

Sample Certification Election

Eligible Voters:

Union A: 200 votesUnion B: 240 votesUnion C: 60 votesNo Union: 20 votesSpoiled Ballots: 30 votes

Question:

What is the total number of votes cast? 550 votesWhat is the total number of VAL ID VOTES cast? (eliminatespoiled ballots) 520 votes (minus 30 spoiled ballots)Was there a valid certification election? Yes, because majority ofthe bargaining unit have voted.Which union will be the SAEBA? None, because no union hasmajority of the valid votes cast. (550 / 2 =275 +1 = 276) No unionhas 276 votesWhat else may be done to elect the SAEBA? Run-off election

Run-off shall be conducted:

(a) Between the labor union receiving thetwo highest number of votes

(b) Provided that the total number of votesfor all the contending unions is at least50% of the total votes cast

Ang mag rurun-off election ay Union A and B, because:

They are the labor unions which have the two highest number of votesTheir total number of votes combined is more than 50% of the total votes cast



RULES WHICH WILLPREVENT HOLDING

OF ACERTIFICATION

ELECTION

CONTRACT BAR RULE provides that while a valid andregistered CBA is subsisting, the BLR is not allowed tohold an election contesting the majority status of theincumbent union.

Exception to the Rule:

Where it is shown that because of a schism in the unionthe contract can no longer serve to promote industrialstability, and the holding of election is in the interest ofemployees right in the selection of their bargainingrepresentativesBasic to the contract bar rule is the proposition that thedenial of the right to select representatives can be

justified only when stability is deemed paramount Certain types of contracts which do not foster industrialstability such as contracts where the identity of therepresentative is in doubt or those that are prematurelyrenewed

ONE YEAR BARRULE

Requirements in order to invoke the c ontractbar rule

Agreement is in writing, signed by allcontracting partiesIt must contain the terms and conditions ofemploymentCovered employees in an appropriatebargaining unitIt is for a reasonable period or durationIt must be ratifiedIt must be registered with the BureauThe violation of the contract bar rule or theexistence of a duly-registered collective

bargaining agreement must be specificallyimpleaded as a defense

Exceptions to a contract bar rule

CBA is not registeredCBA deregsteredCBA was hastily concluded way afreedom periodCBA is incomplete in itselfCBA does not foster indusbecause of schismCBA was concluded in violationenjoining the parties from enteCBA until the issue of represresolved

Effect of an invalid and unregisteredthen there is no bar and therefore a ceelection may be held

DEADLOCK BARRULE

It arises when there is animpasse which presupposesreasonable effort at goodbargaining which, despitenoble intentions, did notconclude in agreementbetween parties



DUTY TO BARGAINCOLLECTIVELY

The performance of a mutualobligation to meet and convene

promptly and expeditiously and ingood faith, for the purpose of

negotiating an agreement withrespect to —

Wages

Hours of work

All other terms andconditions of employme

including

Proposals for adjusting anygrievances or questions

arising under suchagreement

Executing a contractincorporating such

agreements if requested byeither party

When there is a collective bargainingagreement, the DUTY TO BARGAINCOLLECTIVELY shall mean thatneither party shall terminate or modifysuch agreement during its lifetime.

However, either party can serve awritten notice to terminate or modify theagreement at least 60 days prior to itsexpiration period.

Does the duty to bargain collectivelycarry with it the duty to agree to aproposal or to make a concession?

No. The duty to bargain collectivelydoes not compel any party to (1) agreeto a proposal or (2) make a concession



EXAMPLES OFBAD FAITH

BARGAINING

Surface Bargaining-occurs when employerconstantly changes its

positions over theagreement

Boulwarism- occurs when theemployer directly bargains withthe employer disregarding theunion, or employer submits its

proposals and adopts a take it orleave it stand.

This is NOT a negotiationbecause a take-it-or-leave-it

stand implieas threat

Duties of the Partiesduring the 60-day

period —

Keep the status quoContinue in full force and effect

and the terms and conditions ofthe existing agreement during the60-day period and/or until a newagreement is reached by theparties



Title 7-AGrievance Machinery and Voluntary

Arbitration

What is grievance machinery?

It is the mechanism for the adjustment of controversies ordisputes arising from the interpretation or implementation of theCBA and the interpretation or enforcement of personnelpolicies.

Grievance arises when: a dispute or controversy arises overthe implementation of a CBA or from the implementation orenforcement of company personnel policies, and either the

union or the employer invokes the grievance machineryprovision for the adjustment or resolution of such dispute orcontroversy.

For volu ntary arbi t ra t ion, refer to theCompara t ive Char t on Ju r i sd ic t ions



STRIKES

Any temporary stopof work by the conaction of employee

result of an industriadispute

Meaning

It is the most effeweapon of labo

protecting the righemployees to impro

stems and conditiotheir employm

Importance

Any person who obstruimpedes or interferes by fviolence, coercion, threaintimidation with any pepicketing by employees dany labor controversy aff

wages, hour or conditionwork in the exercise of theto self-organization or col

bargaining

Strike Breaker

The establishment, warehouse,depots, plants or offices; including thesites or premises used as runaways

shops of the employer struck against,as well as the immediate vicinity

actually used by picketing strikers inmoving to and fro before all points of

entrance to and exit from the said

establishment.

Strike Area

Temporary refusal ofan employer to furnishwork as a result of an

industrial or labordispute

WHAT ISLOCKOUT? —Gawa

ng employer.Pag strike, employee

Deadlock incollectivebargainingUnfair laborpractices

Grounds for Declaration of

Strike

In economic strike= it is the collectivebargaining agent.

In political (ULP) strike= it can either be thecollective bargaining agent or the legitimatelabor organization in behalf of members.

Who may declarestrike?



FORMS OFSTRIKE

One called for a valpurpose and conducte

through means allowedlaw

Legal Strike

One staged for a purponot recognized by law

if for a valid purposconducted through me

not sanctioned by la

Illegal Strike

One staged by workersto force wage or othereconomic concessions

from the employerwhich he is not required

by law to grant

Economic Strike

One called to protest againstthe employer s acts of unfairlabor practice enumerated in Art 248 of the Labor Code,as amended, including gross

violation of the CBA

ULP Strike

One staged without theworkers quitting their

work but merelyslackening or by

reducing their normalwork output

SlowdownStrike

One declared and stagedwithout filing the requirednotice of strike and withoutthe majority approval ofthe recognized bargainingagent

Wildcat Strike

One where theworkers stopworking but do notleave their place ofwork

Sitdown Strike

When is strike considered legal?Lecture by Labor Arbiter Natividad Roma

St r ike mus t a lways be on —Lawful purpose and on lawful means,and in accordance with the procedural



Lecture by Labor Arbiter Natividad Roma

MUST BE FILED ANDSTAGED BY THESAEBA (sole and

exclusive bargainingagent)

SUBJECT MATTER musteither be on:

(1) Unfair labor practice(2) Bargaining deadlock

Must not be an inter/intraunion dispute

There should be aNOTICE OF STRIKE filed

before the NCMBRegional Office wherethe employer is located

Purpose of notice of strike is forconciliation and mediation, and to

forge a voluntary/ amicablesettlement —conducted by NCMB

Concilator-Mediators

If the ground is UNFAIRLABOR PRACTICE, 15

DAYS before the intendeddate of strike/ lockout

If the ground isBARGAINING

DEADLOCK, 30 daysbefore the intended date

of strike/lockout

Present a copy to theconcerned parties of the

notice of strike

The union will first notifythe NCMB re: taking of

STRIKE VOTE where onlyunion members will act.

SUBMISSION OFSTRIKE VOTE REPORT

to the NCMB, (secretballot in the company)

WAIT FOR 7 DAYS togive NCMB last stage

effort to settle

***But in case of U NION BUSTING where theexistence of the union is threatened, the 15-day

cooling off period before the intended strike doesnot apply and the union may immediately take

action after the strike vote is conducted, and theresults thereof will be submitted to DOLE.

Note that:

If the strike is considered illegal, nobody willdismiss the union members, not even themanagement BUT for their failure to follow thelegal strike procedure, they are deemed tohave lost their employment status. THIS

APPLIES ONLY TO UNION OFFICERS

BUT—if there were illegal activities committed

during the strike, the members who committedsuch act will also be apprehended

Also, they may file separate criminal acts(BLTB Case: If there are criminal cases filedagainst the union members, they may go backto work but note on the theory of substantialitywhere the employer must identify the

*** Contents of notice ofstrike (1) names (2)

addresses of employer (3)union involved (4) nature

of industry

***Purpose of strike vote —to ensure that the decision

to stage a strike comesfrom the majority

members of the union.

and in accordance with the proceduraland substantive requirements by law



PROHIBITED ACTSAND PRACTICES

ON STRIKES

Declaring strike onthe grounds of inter/intra union dispute

Declaring a strike withofirst having bargainedcollectively or withou

following the legalprocedures

Obstructing,impending or

interfering with byforce, violence,

coercion etc.Employing any strikebreaker or being

employed as a strikebreaker

Stationary picket and the use ofmeans like placing objects to

constitute permanent blockadeor to effectively close points of

entry or exit in companypremises

Any act of violence,coercion or intimidation

by the picketer

The obstruction of freeingress or egress from

the employer s premisesfor lawful purposes

Obstruction of publicthoroughfares whileengaged in picketing



You should not study the law merely for the sake of doing well in recitations, passingyour law school exams, surviving law school or hurdling the bar to become a lawyer.

You have to study the law because you are in love with the study of law.

Create a theater of different human activities in your mind and see the law in action.Visualize how the law interacts with the people and the society; and how it offerssolutions to problems, how it facilitates transactions, how it nurtures relationships, howit preserves order, how it affects human thought. When you can do this, the law willcome to life, and you will see it everywhere, and you will fall in love with the study oflaw. And when you fall in love with the study of law, you will never forget it again. The

knowledge that it gives you, you can no longer unlearn it. It will be yours forever.

Speak, for those who cannot speak for themselves. Proverbs 31:8

Cecille Carmela T. de los ReyesPhilippine Christian University- College of Law

labor law reviewer book five (mindmap)

Documents