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LABOR RELATIONS MCQ Questions – COMPILED 3C - Thursday 4:30-7:30pm GROUP #1 (topic: pages 528-593

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Mae bautista A whipsaw strike is defined as? A. A strike against some but not all members of a multiemployer association called for the purpose of pressuring all the employees to negotiate a labor contract; B. One declared by the employees who have a direct and immediate interest, whether economic or otherwise; C. Willful reduction in the rate of work by a group of employees; D. One undertaken by workers in a particular enterprise, locality or occupation

Rachel capapas The Labor Code recognizes only two strikeable grounds that may validly support a strike. The following are non-strikeable issues except: a. any issue involving wage distortion b.violation of labor standards law unless Art. 248 particularly clauses (c), (e) or (i) is also violated c. cases pending at the DOLE regional offices, BLR, NLRC, CA or the SC d. execution and enforcement of orders ANSWER: B

Chan villena The following shall decide or resolve the dispute within thirty (30) calendar days from the date of the assumption of jurisdiction or the submission of the dispute, except: a.) The Ministry b.) The Commission c.) Secretary of Labor and Employment d.) Voluntary Arbitrator Answer: a

Cessation b. Labor Arbiter D. the following are the grounds for arrest and detention of union members or organizers except: a. NLRC C. 266 of the LC. participation does not sever employment relationship b. Lockout d. Public Peace d. it is not subject to labor injunction or restraining order answer: B The temporary refusal of employer to furnish work as a result of a industrial or labor dispute is called a. Alconaba Under Art. National Security c. the use of strike breaker is prohibited d. Injunction . Secretary of Labor B. Commission of a Crime Answer: A Christian p. Union Officer Mary Rose B. Slowdown c. strikes are entitled for payment of backwages in a economic strike c. victa which of the following is not a protection in favor of a legitimate strike a.Rica san jose Who has the power/jurisdiction to declare a strike/lockout as illegal? A. National Interest b.

or the Supreme Court b) Violations of labor standards law. The san Fernando plant operation is still operating b) They are similar because the strike is legal c) They are similar because they comply with the requirements of strike d) They are similar because it is a sympathetic strike Answer:A Michael asban Which is not a non strikable issue? a) Inter union dispute/ intra union dispute b) Any caseinvolving wage distortion c) Physical rearrangement of office . particularly clauses (c). Macapala The following are non-strikeable issues. when Article 248. How did the court decide it? a) They are not similar. Voluntary Arbitrator.Charlton M. except a) Cases pending at the DOLE regional offices. NLRC or its regional branches. (f). Court of Appeals. or (i). BLR. Office of the Secretary. is also violated c) Inter-union or intra-union disputes d) Any issue covered by a no strike commitment in a duly executed CBA Answer: B Jed medina In the case of santa rosa coca cola the union claims the decision in the san Fernando plant is applicable to them.

d) Collective bargaining deadlock Answer D Joshua de Chavez In strike voting before a strike may actually start it require the secret balloting approval a) Majority of the bargaining unit b) The members of the majority union c) The majority of the members present in the meeting d) The majority of the total union membership in the bargaining unit Ramayana saidamen The following are non strikeable issue except a) Inter and intra union dispute b) Gross violation of the cba c) Issues submitted to voluntary or compulsory arbitration d) Issues involving labor standard cases Answer b Which of the following statements is false? a) The cooling off period prescribes by law should be fully observed in cases of union busting b) The 7day strike ban should be fully observed in all cases even in cases of union busting c) A strike or lock out vote report should be submitted to the ncmb-dole at least 7 days before the intended date of strike or lock out d) A notice must be served to the ncmb-dole atleast 24 hours prior to the strike or lock out vote by secret balloting Francesse garingan When there is union busting one of the following procedural requirements can be disposed of with .

The employees did not exhaust the remedies in the collective bargaining agreement D. et al. The employess committed illegal acts during the strike Answer: B Fe magpantay The following constitutes union busting except. The mass promotion of its officers and members during the CBA negotiations c. The employees violated the mandatory provisions of the collecting bargaining agreement B. The existence of the union must be threatened by dismissal d. a. because A. The union officers are duly elected in accordance with the union constitution and by laws jennica ang what is the rule where union members can be liable by a mere membership in a labor union a) Conspiracy liability b) Vicarious liability c) Conversion doctrine d) Contol doctrine Answer b GROUP #2 (topic: pages 593-655) .a) Notice of strike b) Observance of cooling off period c) Taking of strike vote d) Observance of the seven day strike vote report period Michellane yara In the case of GTE directories corporation vs Sanchez. deliberate and continued defiance and disregard thr authority of their employers left with no alternative except to impose sanctions C. The union officers are being dismissed b. the employees' overt. direct. the supreme court ruled that the dismissal of the employees are valid.

Both a and b Answer : D -------------------------------------------------------------------------------------------------------------------------------------------CALUGTONG. b. provided. the exclusive jurisdiction to hear and decide cases above-specified is vested in the labor arbiter as provided in paragraph (a) (1) and (5) of Article 217 of the Labor Code. the parties to such dispute shall immediately inform the Secretary or the Commission as the case may be. (c) No. c. in his opinion. Answer: D -------------------------------------------------------------------------------------------------------------------------------------------- CASIQUIN. causing or likely to cause a strike or lockout in an industry indispensable to the national interest? (a) Yes. Unfair labor practice D. Rica Ysabelle . including unfair labor practice cases. Economic strike B. (Article 263 (g) of the Labor Code) (b) Yes. Karl Gerard Q: Does the Secretary of the Department of Labor and Employment has the power to assume jurisdiction over a labor dispute and its incidental controversies. Lailani Anne Q: When is no strike clause applicable? A. D -------------------------------------------------------------------------------------------------------------------------------------------BLANCAFLOR.The penalty imposable on the erring strikers is dismissal from their employment. of all cases between them pending before any Regional Arbitration Branch. d.ARCILLA.Overtime boycott and work slowdown may amount to illegal strike. the Secretary of Labor and Employment may assume jurisdiction over the dispute and decide it or certify the same to the Commission for compulsory arbitration. there exists a labor dispute causing or likely to cause a strike of lockout in an industry indispensable to the national interest. whereupon all proceedings before the Labor Arbiter concerning such cases shall cease and the Labor Arbiter shall await instructions from the Secretary or the Commission. When. Union members or union organizers may be arrested or detained for union activities on grounds of national security and public peace or in case of a commission of a crime. bargaining deadlock strike C. and the Labor Arbiter handling the same of such assumption or certification. Marianne Rose Q: Which among the following is NOT true? a.The Labor Minister may immediately take action where a strike has effectively paralyzed a vital industry. Answer. that when the Secretary of Labor and Employment has assumed jurisdiction over a strike or lockout dispute or certified the same to the Commission. (d) Both a & b.

morals and general welfare of the society. d. to coerce others. Taxation B.Q: The supreme court held in PEOPLE vs. to maintain the status quo of the parties d. Eminent Domain C. When the SOLE has imposed a stipulation which. none of the above Answer – C -------------------------------------------------------------------------------------------------------------------------------------------CO. safety. Nicandro II Q: An attempt. health. against their will to withhold from one denominated “unfriendly to labor” their beneficial business intercourse. Judy Ann Q: The following are instances when the Secretay of Labor and Employment (SOLE) has abused his discretion. a. did not ask for. to prevent an illegal strike b. b. C. except – A. striking in good faith despite the assumption of the Secretary of Labor and his certification of the labor dispute to the NLRC. When the SOLE has restrained the employer from taking disciplinary action against its guilty employers. redunduncy being the cause of strike. where violence was committed both by the striking employees and the employer company wherein the latter has employed hired men to pacify the strikers. Emergency power of the president E. even the union. Mary Grace Q: A strike was considered invalid in the light of the following circumstances except ____. Picketing Boycott . D. ANSWER: C FUCOY. VERA REYES that Article 263 (g) and 264 of the labor code have been enacted pursuant to the _________ of the state. Law making power of legislative Answer: C -------------------------------------------------------------------------------------------------------------------------------------------CASTRO. which has been defined as the power inherent in a government to enact laws. When the SOLE has restored the strikers to their positions in the company under the last terms and conditions existing before the dispute. where the strike was staged in open and knowing defiance of a return-to-work order. by arousing a fear of loss. Strikers formed a human cordon alongside the wharf used by the shipping company and blocked all approaches to the vessels in trying to prevent work from being performed by non-striking employees. B. Police Power D. Answer: C -------------------------------------------------------------------------------------------------------------------------------------------FACISTOL. b. c. to promote the order. a. within constitutional limits. Jerome Carlo Q: What is the purpose of Return To Work Order (RTWO) issued pending determination of the legality of a strike? a. to prevent a legal strike c. When the SOLE has excluded from readmission the employee-strikers whom the employer separated on ground of redunduncy. A.

declared a strike against their employer. John Daryl . It appears that the inevitable result of the picket is to create the impression that a labor dispute with which they have no connection or interest exists between them Answer: D -------------------------------------------------------------------------------------------------------------------------------------------HIZON. obstruction of ingress or egress c. Other Concerted Activites Answer: B -------------------------------------------------------------------------------------------------------------------------------------------GODUCO. D. Yes. is not absolute. It appears that irreparable injury will be committed to such persons b. Jaybee Q: Which of the following is not included in the prohibited acts during a picket? a. Slowdown d. Barbara Q: Does the defiance of the return to work order automatically justify dismissal of the striking employee? A.c. No. only the union officers may be dismissed. because the RTWO requires mandatory compliance and non-compliance will result to dismissal. the certified bargaining agent of J and Sons Hardware. Edrich Lito Q: The right to peaceful picketing. No. Who may file an action for injunction against Union R? A. because defiance of the RTWO is an illegal act which justifies the dismissal of the employee. which is considered part of the freedom of speech guaranteed by the Constitution. An exception to this is the so-called Innocent Bystander Rule which protects persons with no industrial connection to the labor dispute. This can be invoked if a. It appears that there is no paramount interest in the labor dispute c. It appears that the dispute has no basis in law and in fact d. Yes. J and Sons Hardware C. C. Caselyn Q: Mr J is the owner of J and Sons Hardware which is located beside LBC Bookstore. acts of violence b. LBC Bookstore D. B. None of the above Answer: C -------------------------------------------------------------------------------------------------------------------------------------------JOSOL. obstruction of public thoroughfares Answer: C -------------------------------------------------------------------------------------------------------------------------------------------IBASCO. it will only justify dismissal if the refusal of the employee to resume employment is deliberate and unjustified and due process is observed. vandalism d. Mr J B. Union R. Answer: B -------------------------------------------------------------------------------------------------------------------------------------------GOMEZ.

Answer: C -------------------------------------------------------------------------------------------------------------------------------------------LACSINA. Labor dispute resulting to work stoppage in San Beda College. decision or resolution . d. Answer: C -------------------------------------------------------------------------------------------------------------------------------------------MANGUBAT. retard production and distribution in an effort to compel compliance by the employer with the labor demands made upon him. b. an educational institution of higher learning with about 9. thus subjecting the defying strikers to loss of employment status.. d. d) Refusal to receive the Assumption of Jurisdiction (AJO) amounts to defiance of the order. are nuisances which local government authorities cannot summarily remove. c. resulting to strike by the union where the principal activity of which is the production and publication of telephone directories. coercion or intimidation Answer: C -------------------------------------------------------------------------------------------------------------------------------------------MATEO. Dispute between labor and management of GTE Directories Corp. Angelica Q: What is the effect of a defiance of a return-to-work order? . A strike that involved the nurses of the Asian Medical Hospital in Muntinlupa. the Supreme Court held: a) The alleged or perceived defiance of the Return-toWork Order (RTWO) does not mean automatic dismissal of the defying employees. c) That no order. Illegal obstructions on public thoroughfares. without seeking a complete stoppage of work.000 students enrolled. Marco Miguel Q: One of the following instances is not considered as a labor dispute which causes or likely to cause a strike affecting "national interest" a. Due process must be observed. as provided in Article 264 of the Labor Code. The use of discourteous and impolite language by the picketers gives rise to a cause of action for libel and damages. except one: a) obstruct the free ingress to or egress from the employer's premises for lawful purposes b) obstruct public thoroughfares c) commit any act which would cause minor disorders d) commit any act of violence. b) The strike became automatically illegal upon the labor secretary's certification of the dispute to the NLRC for compulsory arbitration.not even one that is "immediately executory" is binding and automatically executory unless nad until the proper parties are duly notified thereof. Rochelle Q: Which of the following is not incorrect: a. b. Jan Q: The following are the limitations for picketing. 118223). Strike is a method by which one's employees. Answer: D -------------------------------------------------------------------------------------------------------------------------------------------LOZADA. such as streets or sidewalks. which defiance make the continuation of the strike an illegal act. a banking industry c. A strike or lockout involving BDO. Boycott may be lawful or unlawful depending on the means and methods employed and the ends intended to be accomplished.Q: In the case of PNOC Dockyard and engineering Corp vs NLRC (GR no.

and such is held as lawful. Commission may seek assistance of law enforcement agencies to ensure compliance and enforcement c. There is preemptory demand to transfer C. d.a. Which of the following is NOT an exception? A. c. employees can go on strike to compel the removal of an employee. Readmit all employee-strikers under the same terms and conditions prevailing before the strike. c. D -------------------------------------------------------------------------------------------------------------------------------------------MORAL. The employment is for definite period. Chesca . b. b. Hence the following are the effects of defiance. Samantha Q: In a bargaining deadlock. d. Arianne Joyce Q: Non-compliance with the Secretary of Labor and Employment shall be considered as an illegal act. union may file petition for certiorari against NLRC d. D -------------------------------------------------------------------------------------------------------------------------------------------PASCUAL. Stipulation in the Collective Bargaining Agreement E. Extendible demand D. The dispute shall be certified to the NLRC for compulsory arbitration. Employer c. C SANSON. However this rule admits certain exceptions. Dismissal or loss of employment status b. damages and/or other affirmative relief Answer. Labor Secretary d. Answer: C SOUZA. Which of the following acts constitute an outright disregard for the rules and an abuse of discretion on the part of the Secretary of labor? a. Eunice Q: Generally. The union officers and members deemed participated in an illegal act and are subject to dismissal. B. The Secretary of Labor automatically assumes jurisdiction over the labor dispute for it becomes a dispute involving national interest. Decide and dispose of the dispute within thirty (30) calendar days from the date of the assumption of jurisdiction or submission of the dispute. Answer. Labor Arbiter b. If the demand was made with bad faith or malice. The union members are deemed to have committed an illegal act and are therefore subject to dismissal. Answer. None of the above Answer: B -------------------------------------------------------------------------------------------------------------------------------------------SANTOS. Vanna Katrina Q: Who may declare loss of employment status of the union officer or worker? a. Certify the labor dispute to the Commission for compulsory arbitration. the matter was presided over by the Secretary of Labor. except: a. Exclude from readmission the employees-strikers who were separated due to redundancy as filed by the employer himself. payment by the locking-out employer of backwages.

managing. None of the above. arbitration. A notice of strike must be filed with the DOLE thirty days before the intended date thereof or fifteen days in case of ULP B. and the labor code in general. B. Mere participation in an illegal strike b. A. Labor standards. meetings. Notice must be given to the DOLE of the results of the voting at least ten days before the intended strike Answer: D GROUP #3 (topic: pages 655-682) 1) Ray Jacinto V. or assisting union conventions. Amor Q: The following are the requisites of a valid strike except: A.Q: It is a method by which one's employees without seeking a complete stoppage of. Vigilia: Which of the Following is NOT among the definitions of "Trade Union Activities" under art. C.) picketing C. Joseph Daniel Q: Which of the following is a ground for a union member’s dismissal? a. referanda. teach-ins. especially with respect to Collective Bargaining. rallies. Answer: C -------------------------------------------------------------------------------------------------------------------------------------------VENENOSO. To commit an illegal act during a strike d.) slowdown Answer: D -------------------------------------------------------------------------------------------------------------------------------------------TARRAYA. and institutes.) strike D. retard production and distribution in an effort to compel compliance by the employer with the labor demands made upon him. Notice must be given to the DOLE of the results of the voting at least seven days before the intended strike D. Organizing. seminars. Negotiation and Administration of collective Bargaining Agreements. To knowingly participate in an illegal strike c. . A strike vote must ge approved by a majority of the total union membership in the bargaining unit concerned by secret ballot in a meeting called for that purpose C. 270 of the Labor Code? A. Shall render technical and other forms of assistance to labor organizations and employer organizations in the field of labor education. conferences.) boycott B.

b) A boycott may be legal or illegal depending on the acts committed. Boycotts are not limited to ULP issues.D. by stopping work in a body at a prearranged time. Answer: C. It is the cessation of work by employees in an effort to get more favorable terms from themselves. C: Boycotts are not strikes. Strikes are nominate in the labor code and requirements imposed by law for a strike to be valid does not extend to non-strike activities. which statement with regards to the concept of strike is false? a. to the contrary it is actually an activity protected by law provided its exercised within reason. b. Organization. E. c) Boycotts to be legal must observe the same notice and vote requirements as a strike. All forms of Concerted Union Actions. shorter hours. d. D: This is utterly without legal basis. It is the temporary refusal of any employer to furnish work as a result of an industrial or labor dispute. or any other concession. It is considered to be the most effective weapon of labor in protecting the . Why the other answers are wrong: A: Boycotts are not subject to a blanket prohibition. d) A boycott may only be legal if done in protest of unfair labor practice Correct answer: B (from the azucena book on the chapter on boycotts) a boycott is protected by freedom of expression but is still subject to reasonable limitations. and administration of labor organizations. and refusing to resume work until the demanded concession has been granted. 2) Jeriel Sawit: Which statement about Boycotts is true? a) All forms of boycotts are prohibited by law. c. it is an employer's act excluding employyees who are union members from the plant. formation. 3) Valerie May Cruz: Among the following choices. or as a concerted refusal to do any work for their employer until the object of strike is attained. Because it is a function of the Institute of labor and manpower studies under Art. It is the combined effort on the part of a body of workmen employed by the same employer to enforce a demand for higher wages. 268 and NOT among the definitions of Trade Union Activities.

) Yes. no liability arises because of injuries incidental thereto.) No.) Yes. (c. the Labor Organization can be held liable. 5) Armie Francisico: MCQ for Labor Relations: (1. that the strikers were refused reinstatement d. when a strike is lawful. (answer) (b.a striker who returned voluntarily to work and abandoned their strike but was refused by the employer for reinstatement is deemed entitled to back wages upon the presence of the valid requisites. that there was unconditional offer to return to work answer: B. (Phil marine officers guild vs compania maritima.) Can a Labor Organization be held civilly liable? (a. Compania maritima.) Can backwages be awarded after a finding that Unfair Labor Practice was committed by the employer? (a. Strike is done by employees or labor union while lockout is resorted to by an employer. Strike and Lockout are similar because they both connote temporary stoppage of work. . 22 scra 1113. The difference is in the identity of the doer. ANSWER: C. Azucena. because whatever happens in a strike is imputable against the Labor Union. (d. the employees are only entitled to reinstatement. P.) No. (2. That the strike was legal b. because it is mandated by the Labor Code. that the strikers are only members of the union c. except: a.) No.rights of the employees to improve the terms and conditions of their employment. the employer should get the equivalent day's work for what he pays his employees. but it rests on the sound discretion of the court. 4) Aidrian Saringo: as In the case of Phil Marine Officers guild vs. whatever damages a strike caused.) Yes. (b. 635 of 6th editon. Letter C is a definition associated with Lockout instead of Strike. (answer) (c.) Yes.

Aguilar: In the case of Brugada. all striking employees shall return to work. B. enjoins the intended or impending strike after notice to the company and to the union b. vs The Secretary of Education. There exist a labor dispute between the company and the employees.) No. c. When the laborer was able. D. 8) Margaret Mangunay: Generally. there are no backwages in strike except: A. SOURCE: page 663 of the book. why the Court did not grant backwages? A. 7) Edilbert H. et al. ANSWER: A. After the notice of strike the Secretary of Labor assumed jurisdiction. when a strike is lawful. dismissed or suspended C. When a laborer absents himself for work because of strike B. willing and ready to work but was illegally locket out. Answer: A . The dismissal is due to the fault of the teachers. 6) Jose Ma. Because they were neither exonerated nor unjustifiably suspended. C. there must first be strikebreakers before a labor organization can incur civil liability. The employer shall resume the operations under the same conditions before the strike. When the employees struck as a voluntary act of protest against what they considered ULP of the company . if one has already taken place at the time of assumption. which is not an effect of the assumption of jurisdiction of the Secretary of Labor? a. d.(d. Because it is the power of the court to grant backwages in Unfair Labor Practice case. Gonzales: Company "XYZ" is an indispensable industry to the national interest.The assumption of jurisdiction automatically enjoins the intended or impending strike. it does need notice to the company or union to take effect. the employer shall re-admit all workers under the same terms and condition prevailing before the strike.

Discrimination undoubtedly exists where the record shows that the union activity of the rehired strikers has been less prominent than that of the strikers who were denied reinstatement. c) "work slowdown" is a strike on the installment plan without a complete stoppage of work. d. ANSWER: C 11) Kenneth Garcia: Members of the union and employees X and Y were involved in an unfair labor practice strike against ABC Corporation. X and Y should be reinstated and be given back pay. First statement in p. d)"Overtime boycott" and "Slowdown" is always lawful because it does not create a complete stoppage of work and therefore cannot result to an illegal strike. X as an employee was discriminatorily dismissed for union activities and Y voluntarily went on strike even if it is in protest of an unfair labor practice. X.stated in the case of jp heilbronn company vs national union p. Only the last statement is true. . Fernandez: 1. X and Y should be reinstated but only Y is entitled to backpay. X and Y are entitled to: a. Illegally dismissed strikers should be reinstated regardless of the circumstances.D. D. X and Y should be reinstated. retard production or performance of duties and functions to compel management to grant their demands. 665. B. Which of the following is true with regard to boycott? a) A primary boycott is a combination not merely to refrain from dealing with a person. b. Uy: Here. while on strike was found committed an unlawful conduct. b) Boycott by labor to require an employer to coerce his employees to pay union dues or to discharge them is a lawful boycott. Both statements are false. When the employees made a conditional offer to return to work Answer: B . 656 10) Dahn S. Y should be reinstated. the decision was held against ABC Corporation. c. After deliberation. 2. or to advise customers to refrain or even exert coercive pressure on such customers for them to withdraw patronage via fear of loss or damage. second statement in p. Both statements are true. A. Only the first statement is true. C. 659 9) Kae Dee C.