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UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW Diliman, Quezon City MOCK BAR (Set 1) EXAMINATIONS 2012 LABOR LAW

Part I: MULTIPLE CHOICE (50 pts.) INSTRUCTIONS: Choose the correct answer by shading the circle of the corresponding letter of your answer. Do not write anything in the questionnaire. Turn in the questionnaire at the end of the exam. You have fifty (50) minutes to complete this part of the exam. ANSWER SHEET

A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 O O O O O O O O O O O O O O O

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C O O O O O O O O O O O O O O O

D O O O O O O O O O O O O O O O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50

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B O O O O O O O O O O O O O O O O O O O O

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D. X was recently employed in a garment factory as a sewer. The incumbent union. No. X questioned the policy of the management but the management pointed to a provision in the existing CBA providing the same and applicable to all new employees of the factory. Yes. Is Union IOU right on its stance? A.UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW Diliman. ordering his employee to conduct research on the daily activities of politicians through personal interviews B. He was informed by the management that he must join the only union in the factory within 10 days and pay union dues otherwise he will be dismissed from his job. 1. The bargaining unit which Union TPU seeks to represent has 120 members. the employees' withdrawal from the union after the petition is filed will not affect such petition. Turn in the questionnaire at the end of the exam. Once the required percentage requirement is reached. B. prohibiting his employee to surf the net during working hours C. C. No. Quezon City MOCK BAR (Set 1) EXAMINATIONS 2012 LABOR LAW INSTRUCTIONS: Choose the correct answer by shading the circle of the corresponding letter of your answer. Union IOU. D. Mr. ordering his employee to write a sports article for a newspaper D. The presence of control of an employer over an employee as an element of employeremployee relationship is exemplified by an employer: A. Which of the following does not demonstrate the exercise of a worker‘s right to self organization? A. X still did not join the union and was therefore dismissed from employment after having received a request from the union to terminate Mr. B. The substantial support rule is discretionary only. Yes. C. X‘s. 2. The Union TPU no longer has the support of at least 25% of all the members of the bargaining unit. which lowers its membership to 28. Do not write anything in the questionnaire. Is the dismissal valid? . Mr. Paying dues to a labor union by a member of the union Voting during certification election by workers who are non-members of any union Sending written proposals for a CBA to the employer in unorganized establishments Members of the union collectively slowing down work due to a labor dispute 4. Mr. After a petition for certification election was filed by Union TPU about 9 of its members withdraw their membership from the union. opposes the petition saying Union TPU it does not have substantial support of the employees. providing for the place and time of payment of his employe e‘s salary 3. Withdrawal is presumed voluntary and it would affect the propriety of the petition.

MOCK BAR (Set 1) EXAMINATIONS 2012 LABOR LAW A. because Mr. B. it must verbally convey its intention of wanting to present its proposals to the other party. No. when the employer or indirect employer fails to require the contractor or subcontractor to furnish a bond equal to the cost of labor under the contract to answer for the wages of the employees B. because the CBA provision cited by the management is a sufficient ground for dismissal C. can be filed before the Bureau of Labor Relations B. can be filed before the Labor Arbiter D. Which of the following is an incorrect statement in the procedure for collective bargaining? A. What is exaction-featherbedding in the context of unfair labor practice under the labor code? A. when there is a an attempt to cause or to cause an employer to pay money services which are not performed or not to be performed B. because all rank-and-file employees must apply for union membership in organized establishments B. must be brought before the grievance committee before it can be filed before the Labor Arbiter 6. must be filed before the Bureau of Labor Relations first before it can be filed before the Labor Arbiter C. If the dispute is not settled. Yes. when there is an attempt to cause or to cause an employer to receive money services not performed or not to be performed C. when there is an attempt to cause or to cause an employee to pay money services not performed or not to be performed D. When a party desires to negotiate an agreement. when the contractor fails to show sufficient capitalization D. The other party shall then make a written reply thereto not later than 10 calendar days C. No. when there is an attempt to cause or to cause an employee to receive money services not performed or not to be performed for for for for 8. Yes. X‘s right to self -organization includes his right not to join a union D. Page 3 of 12 . Should differences arise on the basis of such notice and reply. when the employer exercises control and supervision over the employees 7. the Board shall intervene upon request of either or both parties. When can the employer be jointly and severally liable with his contractor or subcontractor? A. because non-membership in a union is not a just or authorized cause for dismissal under the Labor code hence the CBA provision is void for being contrary to law 5. either party may request for a conference shall begin not later than 10 days. Disputes over dismissal from the position of shop steward: A. when the contractor or subcontractor fails to pay the wages of his employees in accordance with the Labor Code C. D.

10. organizing and establishing new employment offices B. 73 voted for Union K. organization or institution to submit prescribed employment information 11. It received the majority of the votes cast. C. 14 chose ―NO Choice‖. Yes. and 4 were spoiled ballots. establishment. D. B. All members of the bargaining unit should vote to have a valid election. At least a majority of the members of the bargaining unit should vote to have a valid election. wages of the employees other monetary claims of the workers government claims none of the above 13. Valid where it is included in the CBA. No. Not included in the Labor Code and is thus not applicable in this jurisdiction. C. Yes. Secretary of Labor and Employment National Wages and Productivity Commission President of the Philippines Regional Tripartite Wage and Productivity Boards 14. D. The power and authority of the Secretary of Labor does not extend to A. B. Of the votes cast. 102 voted for Union W. D. B. In a certification election conducted in a bargaining unit composed of 387 members. industrial. Which shall enjoy first preference against claims to the employer‘s business? A. C. 194 cast their votes. Who is responsible for determining and fixing minimum wage rates applicable to the different regions and provinces or industries? A. D. serving as a liaisoon with migrant communities D. Effort to bargain in accordance with the Labor Code It must be a right granted by the CBA of the parties. Filing of Notice of Intention Strike vote 12. Termination of employment pursuant to a union security clause: A. B. C. the union has requested its application and there is sufficient evidence to support the union‘s decision to expel the employee member. No. requiring any person. Page 4 of 12 . The procedural for a strike to be valid are mandatory. and geographical mobility of labor and provide assistance in the relocation of workers from one area to another. The following are the requirements for a valid strike except — A. C. It received at least 25% of the votes cast. Non-compliance therewith makes the strike illegal. B. Can Union W be declared exclusive bargaining agent in the bargaining unit? A. developing and organizing a program that will facilitate occupational.MOCK BAR (Set 1) EXAMINATIONS 2012 LABOR LAW 9.

employer must indemnify employee for damages. C. The dismissal was valid but employee is not entitled to reinstatement and back wages.MOCK BAR (Set 1) EXAMINATIONS 2012 LABOR LAW C. The following statements are true EXCEPT: A. The dismissal was valid and employee is entitled to separation pay. the certified bargaining agent of ABC Co. However. C. D. The resignation where made voluntarily and is already accepted by the employer may still be withdrawn at employee‘s own initiative. which of the following statements is TRUE? A. D. B. The certified bargaining agent staged a strike on ground that the union president illegally converted union funds. An employee may terminate employment for just cause without necessity of a written notice to his employer. Blue sky bargaining in the context of unfair labor practice committed by an employer who is ____. Where there was a just cause for dismissal but due process was not observed. During the strike. A. The recognized bargaining union staged the strike immediately after submission of the strike vote report but without waiting for the cooling-off period due to the union busting committed by the employer. But employer is liable for nominal damages. B. The dismissal was valid but employee is not entitled to reinstatement and back wages. complied with the cooling-off period and declared a strike due to the interference of the employer in the exercise of their right to selforganization. The union members of a legitimate labor organization in an organized establishment filed the notice of strike. B. conducted a strike because of a bargaining deadlock. Union ABC. separation pay. Which of the following is a valid strike? A. A legitimate labor organization in an unorganized establishment staged a strike due to unfair labor practices committed by the employer. D. There is constructive dismissal if the employee was forced to remain without work for a period exceeding six (6) months or due to suspension of the operation of a business or undertaking exceeding 6 months. C. members of the union barricaded the entrance to the Page 5 of 12 . D. Not valid because this prevents member disaffiliation. 18. B. D. Valid but employees are not made to maintain union membership as a condition for continued employment as this will be a restriction on their right of association. 17. 15. C. 16. The filing of an illegal dismissal case are inconsistent with resignation. The dismissal was invalid and employee is entitled to reinstatement and full back wages or if reinstatement is not possible. bargaining individually and directly to the union member making exaggerated and unreasonable proposals to the union requiring the employee not to join a union organization requiring the employee not to withdraw from a union organization for the duration of the employment 19.

Yes. All are requisites of retrenchment EXCEPT: A. B. A. can exercise all the quasi-judicial powers of his subordinates including the Labor Arbiters C. 21. A. The following employees are entitled to form a labor organization except: A. as the head of DOLE. B. but to retain employment must become union members after a certain period. Policemen. Military. The officers of the union argue that the Secretary should have ruled on the validity of their dismissal and also decide whether to award damages or not. The Secretary of Labor‘s decision to declare the strike illegal already implies that the dismissal is substantively and procedurally valid 20. No. The following are the duties of public employment offices. B. The Secretary of Labor has the authority to decide al issues arising from a labor dispute once it assumed jurisdiction over a strike or lockout. C. Are they correct? A. except: Page 6 of 12 . 23. Self-employed individuals. C.MOCK BAR (Set 1) EXAMINATIONS 2012 LABOR LAW premises of ABC Co. closed shop agreement agency shop agreement maintenance of membership shop union shop agreement 22. Security Guards. D. The Secretary of labor. The employer has served written notice to the employee and DOLE and separation pay is made. The Secretary of Labor then decided to assume jurisdiction over the dispute. The Labor Arbiter is the one who has authority to decide the validity of the dismissal because it has exclusive and original jurisdiction to decide illegal dismissal case under the Labor Code D. No. The reduction of personnel is necessary to cut down on costs of operations Expected or actual losses must be proved by sufficient and convincing evidence. B. The management refused to admit the officers of the union back for employment and dismissed them outright. C. The Secretary declared the strike illegal but did not rule on the validity of the dismissal of the officers. D. D. five (5) minutes to fifteen (15) minutes five (5) minutes to twenty (20) minutes ten (10) minutes to fifteen (15) minutes ten (10) minutes to twenty (20) minutes 24. D. Rest periods or coffee breaks running from _________________________ shall be considered as compensable working time. Yes. Actual losses must have already set in prior to retrenchment. The management filed a petition to declare the strike illegal. and threatened members of the management who attempted to remove the barricades. It is a union security provision commonly found in CBAs which provides nonmembers may be hired. C. B.

27. The substantial support rule must be complied with at the time of intervention. B. Union P filed a petition for certification election for the bargaining unit in Company T. contracts with an independent contractor for the performance of a task. Arranging for the training or retraining of unemployed applicants in occupations or trades where they are suitably qualified and have greater prospect of employment. not being an employer. were negotiating a new CBA for the years 2012-2017. The bonus. partnership. The employer pointed however. therefore violating the substantial support rule.000-peso bonus was not considered in the calculation. They noted in the minutes of the CBA negotiation that the rankand-file employees of the company are to be given yearly 5. Union P opposed the intervention on the ground that Union D is not supported by at least 25% of all the members of the bargaining unit. Classifying registered applicants in accordance with job-titles and codes of the Philippine Standard Classification. The substantial support rule applies only for filing for a petition for certification election. D. Which of the following is not a non-strikeable issue? A. Which of the following statements is correct? A. 25. D. ________________ shall refer to any person. (f). association or corporation which. Furnishing lists of registered job applicants and job openings to the Bureau of Employment Services B. 28. job or project. Yes.000-peso bonuses. although demandable. can never be demandable and must not be considered for purposes of computing the 13 th month pay 26. by its nature. C. unless instances under Article 248 (c). The CBA took effect on 2012. that there was no provision in the CBA providing for such bonus. The certified bargaining agent and PowertoolsEquipments Co. or (i). is not one of the component benefits that must be considered for purposes of computing the 13 th month pay B. C. inter-union or intra-union disputes issues involving wage distortion bargaining deadlock violation of labor standards law. Can Union D validly intervene in the petition? A. The bonus is not demandable hence should not be considered for purposes of computing the 13th month pay C. Union D intervened in the petition filed. The rank-and-file employees filed a complaint against the management claiming that the amount of the 13 th month pay released by the management fall short of the correct amount since the agreed 5. B. The bonus is demandable and must therefore be considered for purposes of computing the 13th month pay D. The bonus. D. C. Yes. No.MOCK BAR (Set 1) EXAMINATIONS 2012 LABOR LAW A. The substantial support rule applies to both petition and intervention. No. Page 7 of 12 . The substantial support rule can be complied with anytime before the election. Organizing and establishing a nationwide job clearance and information system to inform registering applicants of job opportunities in other parts of the country as well as overseas.

B. Strikes which economic in nature. A. In a legitimate contracting of labor. D. D. C. C. A. The reason is founded on a purpose not recognized by the law. no lock-out‖ provision in the CBA is a valid stipulation and can be enforced by the employer on the following grounds except: A. Workers force wage or other economic benefits from the employer which is not required by law. B. 33. all the officers. D. C. agents and owner of the corporations. When a company has committed ULP by paying negotiation or attorney's fees to the union or its offers or agents as part of the settlement of any issue in collective bargaining. in the event the that the contractor or subcontractor fails to pay the wages of his employees in accordance with the Labor Code. B. A valid purpose exists and conducted through legal means. B. An economic strike is a strike where — A. the employer shall be ______ liable with his contractor or subcontractor to such employees to the extent of the work performed under the contract. agents and owners who authorized the unfair labor practice. B. Jointly and solidarily Secondarily Jointly Jointly and severally 32. C. Page 8 of 12 . The worker has incurred unexcused absences and he/she wants to compensate for such absences B. C. A ―no strike. all officers. After re-admitting the members of the union who participated in an illegal strike. only those officers. 30. An employer can require an employee to perform overtime work when _______. agents who merely ratified the unfair labor practice. in the same manner and extent that he is liable to employees directly employed by him. Workers force wage or other economic benefits from the employer which is required by law. The two immediately following working days are holidays C. D. The president has declared a state of national emergency D. associations or partnerships only the top management level of the corporations.MOCK BAR (Set 1) EXAMINATIONS 2012 LABOR LAW A. who are held criminally liable? A. subcontractor indirect contractor indirect employer labor only contractor 29. D. associations or partnerships. Strikes conducted to force wage increases Strikes conducted due to union busting Strikes conducted for refusal to agree to proposed health care benefits. 31.

C.? A. which has an existing CBA with Union D. Which of the following is not one of the requirements that need to be followed by Union A. Union A wants to file petition for certification election to have Union B be recognized as exclusive bargaining agent in Company C. 39. Submit the names of the local chapter‘s officers and members. Loss of trust and confidence Commission of a crime Analogous causes Insubordination 36. D. salary B. Striking employees are not entitled to the payment of wages for un-worked days during the period of the strike pursuant to the principle of ―No Work No Pay‖ except— A. When the parties have an agreement to the contrary in their CBA. Have the petition verified. Any worker whose employment has been terminated as a consequence of any unlawful lockout shall be entitled to— A.MOCK BAR (Set 1) EXAMINATIONS 2012 LABOR LAW 34. B. D. certain bonuses enjoyed by the employees resulting in a wage lower than the prevailing minimum wage C. B. D. File the petition within the 60-day period before expiration of existing CBA. B. 35. Which if the following are not subject to execution. When the labor arbiter declares so. certain bonuses enjoyed by the employees B. B. An employee who always gossips about the personal secrets of his/her co-workers and employers thereby creating an atmosphere of suspicion and mistrust in the workplace can be dismissed from employment under which of the following grounds? A. commission Page 9 of 12 . D. C. Have a written consent of at least 25% of all employees in the bargaining unit. When the labor officers committed fraud in handling the affairs of the union When acts of violence were committed by the management during the strike. wage C. the difference between the wage of a factory worker and the manager in a given workplace D. garnishment or attachment except for debts related to necessities? A. Reinstatement plus damages Reinstatement Reinstatement with full backwages Payroll reinstatement 37. C. Union A is a national union. There is wage distortion when the effect of the prescribed level of wages is to eliminate A. It has as a chartered local Union B. the difference between the wage of a factory worker and the manager in different workplaces 38. C.

A petition for certification election can only be filed by a legitimate labor organization or a national union or federation. Is the denial of the petition justified? A. workers Principal/employer. The employer can file a petition for certification election when it wants to bargain collectively. when stipulated in a collective bargaining agreement C. the performance of the workers D. when it is necessary because of special circumstances in appropriate regulations issued by the Secretary of Labor and Employment B. Yes. C. when expressly requested by the employee D. 44. B. Company HP filed a petition for certification election to determine which of the 3 unions will be the exclusive bargaining agent of the rank-and-file employees of the company. when the employer has a right to assign the performance of the work to another Page 10 of 12 . The employer can file a petition for certification election if the legitimate labor organization or national union or federation fails to do so. No. The Med-Arbiter denied the petition. D. B. tools of trade board lodging meal tickets 42. when such manner of payment is customary on the date of effectivity of the Labor Code 43. In a legitimate contracting of labor. troublesome and uncooperative and not observant to the rules and regulations set forth by the employer shall be reported to the contractor and may be replaced upon request. In the Company HP 3 labor unions were certified legitimate labor organization in the same year. gratuity 40. D. B. contractor/subcontractor Contractor/subcontractor. Yes. an employer-employee relationship exists between _____ and ____. B. C. a clause in the contract between the employer and the contractor providing that any personnel found to be inefficient . D. No. The term ―facilities‖ shall not include the following articles or services: A. C. A. An employer can only file a petition for certification election when it is requested to bargain collectively. Principal/employer. when the employer‘s supervisor refer to the contractor‘s officers due to any discrepancy in C. Payment of wages by check or money order shall not be allowed even A. Which of the following circumstances does not show the employer‘s exercise of control and supervision over the workers? A. contractor 41.MOCK BAR (Set 1) EXAMINATIONS 2012 LABOR LAW D. employees DOLE.

D. Reinstatement Reinstatement plus damages Reinstatement plus backwages Damages 50. An employee is deemed to have abandoned his employment when A. D. D. government employee managerial employee employee in a non-profit organization workers paid by ‗takay‘/ ‗pakiao‘ basis 47. he agreed knowingly and voluntarily with his employer to fix a period for his employment B. when he is employed for a certain period to test his qualifications for a job C. C. C.MOCK BAR (Set 1) EXAMINATIONS 2012 LABOR LAW E. He is a factory worker and stays within the factory premises doing nothing Left the workplace without permission during working hours He does not show up for work with the intent of not returning to it He refused to perform a task assigned by his employer while in the premises of the workplace and during working hours 48. when the employer reserves the right to hire or discharge an employee 45. B. She is a/an _________________. An employee is employed on a fixed – term basis when A. C. B. he is performing work under a contracting arrangement 46. when he repeatedly signs employment contracts with a fixed period to extend his employment for the same job D. A cook repeatedly refused his employer‘s order to wear gloves and a hairnet during working hours was dismissed by the employer outright. He established a company union. C. D. an employee. He stopped implementing the terms of the CBA after it expired He refused to agree with the proposals of the employees during CBA negotiations He made proposals during CBA negotiations contrary to workers‘ proposals resulting in bargaining deadlock Page 11 of 12 . B. B. Which of the following remedies can he avail of? A. The provisions of the Labor Code on working conditions and rest periods apply to Mary. An employer is deemed to have violated his duty to bargain collectively if: A. C. D. Time spent by a doctor sleeping in his office during his/her shift Time spent by an employee in attending a union meeting Time spent by a farmer walking from his house to the farm Time spent by a mechanic cleaning his tools during lunch break 49. B. A. Which of the following is a compensable hours worked? A.

You are the lawyer of a certified bargaining union of employees in an import-quality and world class panciteria. a. Is the assumption of jurisdiction valid? b. the bargaining union decided to conduct a strike due to unfair labor practices committed by the employer. The CBA was concluded satisfactorily. Under the Labor Code. The result was a deadlock. that instead of staging a strike the union members brought the case to the NLRC for compulsory arbitration. They have complied with all the procedures for conducting a strike. 263(g) and immediately assumed jurisdiction over the dispute. he invoked his powers under Art. After complying with all the requirements under the law. II. Under the Labor Code. The head of the union asked your advice if they can continue with the strike. The application was limited to the 10 most affluent employees. Members of the union conducted a strike. Quezon City MOCK BAR (Set 1) EXAMINATIONS 2012 LABOR LAW Part II: ESSAY INSTRUCTIONS: You have sixty (60) minutes to complete this part of the exam. how should the dispute be resolved? . The collective bargaining agent (Makibaka Union) and the officials of Purified Foods Corporation tried to resolve the distortion through the grievance procedure under the CBA. What are the immediate legal effects of the assumption order? IV. Is there a valid ground for strike? b. The Regional Tripartite Wages and Productivity Board issued a Wage Order. The employees of Luzon Airlines. negotiated with the employers for a new Collective Bargaining Agreement.UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW Diliman. through its collective bargaining agent. One of the union member affected approached a labor lawyer to inquire some procedural questions regarding the filing of a complaint/petition with the Med-Arbiter. a. the union member filed a complaint signed by him alone. By virtue of the wage order. Suppose. a wage distortion was created. The union levied a special assessment amounting to P300/month without a written resolution from the general membership. One year after. Upon cognizance of the Secretary of DOLE. The Assumption Order was served upon you. Upon the lawyer‘s advice. is the procedure complied with? (Note: There are 100 union members all in all). the employers and union members have diverging interpretation as to the economic provision regarding the 16th month pay. The union objected because it the complaint was not signed by 30% of the union members affected. would the remedy be correct? III. I.