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Economic provisions - not later than 3 years

Collective bargaining is defined as negotiations towards a collective


agreement, is one of the democratic frameworks under the LC, designed to **Representation limit does not apply when the parties agreed to suspend the
stablize the relation between labor and management and to create a climate of CBA - Rivera v. Espiritu case
sound and stable industrial peace. **Agreement to extend the original five year term will not carry with it the
representation aspect. Exclusive bargaining status cannot go beyond five
Performance of mutual obligation to meet and convene promptly and years (FVC v. SANAMA FVC SIGLO)
expeditiously in GF for the purpose of negotiating an agreement.
Does not compel any party to agree to a proposal or to make a AUTOMATIC RENEWAL CLAUSE
concession. parties shall observe the status quo and continue in full force and
In the case of Kiok Loy, the ER not under duty to initiate. Labor Union effect the existing CBA during the freedom period or until a new
cannot complain later on that the employer did not initiate collective agreement is reached
bargaining. A companys refusal to make a counter proposal It is the same as the hold over principle
indicates bad faith.
Pending petition for Certification Election does not preclude collective Hold Over Principle
bargaining. For the meantime that the parties are still negotiating a new CBA, the hold
Take note of the indicators of bad faith on the part of EITHER parties. over principle will state that the parties will have to implement the existing
The use of temporary suspension of operations to refuse collective CBA, until such time that the new CBA has been reached by the parties.
bargaining is an indicator of bad faith and that was in the case of
Hospital of Digos. RETROACTIVITY
Violations of duty to bargain amounting to ULP if agreement reached within six months - day immediately expiry of
o Failure or refusal to meet and convene the old CBA
o Evading the purposes of bargaining if beyond six months - date agreed by the parties
o Not observing GF in bargaining During assumption of SOLE over labor dispute - date fixed by the
o Grossly violating the economic provisions of the CBA. SOLE - because of their PLENARY POWER

Procedure of Collective Bargaining AUTOMATIC INCORPORATION CLAUSE


1. The Collective Bargaining Agent should serve a written notice to the Existing laws form part of a valid CBA without need for the parties to make
ER with the statement of the proposal. reference to it.
2. ER should reply with a counter-proposal not later than ten calendar
days from receipt. UE vs Pepanio - a school CBA must be read in conjunction with statutory and
3. Should differences arise, request for conference not later than ten administrative regulations faculty qualifications
days from request of both parties.
4. In case the dispute is not settled, they have to elevate it with the POSTING/Publication
NCMB for the Board to intervene. The Board can also do this on its CBAs have to first be ratified by the majority.
own/motu proprio. After ratification CBA is not yet effective. It has to be posted first
Duty to post is on the employer and not with the union
Deadlock Noncompliance with the posting of the CBA will render the CBA
Parties may refer to conciliation or mediation by the NCMB ineffective.
Declare a strike or lockout It should also be registered with the regional office where the
Refer the case to compulsory or voluntary arbitration Collective bargaining agent was issued a certificate of registration
Duty of the bureau in issuing registration of CBA is NOT ministerial
Terms because they have to review the CBA and other requirements that
There are two terms involved: must be submitted such that if there is noncompliance by the
Representation aspect - 5 years, identity and majority status of the collective bargaining agent with the documents and provisions of the
union that negotiated the CBA as the SEBA CBA, the bureau can actually deny the CBA.
ER is not required to pay back wages or financial assistance in the
MANDATORY PROVISIONS form of penalty for dismissing an EE pursuant to Union security if that
Provisions on: was effected by the ER in good faith- meaning that ER relied that the
1. Wages Union security clause is applicable.
2. Hours of work
3. Grievance machinery UNFAIR LABOR PRACTICE
4. Voluntary arbitration Two aspects
5. No strike no lockout clause 1. Civil - claims for damages, attorneys fees and other affirmative reliefs
6. Labor management council - participatory decision making o Recovery in admin proceedings shall bar recovery under the
7. Drug free workplace civil code
8. Breastfeeding or lactation station o Jurisdiction with the LA, it will have to determine
administratively if there is ULP but only as to the civil aspect.
Different Forms of UNION SECURITY
2. CRIMINAL- requires prior determination of ULP
1. UNION SHOP o Jurisdiction is vested in regular courts
All new regular EEs are required to join the union within a certain period as a o Final judgment in admin proceedings is not binding in courts
condition of continued employment of general jurisdiction but merely a procedural requirement

2. MAINTENANCE OF MEMBERSHIP PRESCRIPTION


EEs who are union members as of the effectivity of the existing CBA or Prescription will not run pending the administrative proceeding determination
thereafter became members must maintain membership until promoted of the existence of ULP and prescription is one year from the commission
transferred out of the Bargaining unit or the agreement is terminated of the alleged ULP

3. CLOSED SHOP Elements of ULP


No person may be employed unless he or she becomes a member in good 1. ER EE relationship
standing until the termination of the agreement. 2. Act must be expressly mentioned in the labor code as ULP
3. Violates the right of the workers to self organization if ER was the one
EXCEPTIONS who committed ULP
1. The provisions on Union security shall not prejudice the rights of the
existing worker who is an existing member of another labor union. UNFAIR LABOR PRACTICES COMMITTED BY THE EMPLOYER
2. Religious objectors 1. Interference
2. Yellow dog contract
Termination due to union security 3. Contracting out
Requirements as stated in the case of picop vs taneca 4. Company Union or domination
1. Union security is applicable 5. Discrimination
2. Union is requesting enforcement of the clause - ER cannot 6. Dismissal or discrimination of an EE WHO will give testimony
unilaterally implement it AGAINST THE ER
3. There must be sufficient evidence - the ER must comply with the twin 7. Violate of duty to bargain collectively
notice requirement 8. Pay negotiation or attorney's fees to Union or officers
9. Gross violation of CBA

Termination due to Union security Interference - the most significant


ER must conduct its own inquiry before terminating an EE as to Test: if the ER is engaged in a conduct which interferes with the EEs right to
whether there is sufficient ground to dismiss the EE based on Union self organization
security Direct evidence that an EE was in fact intimated or coerced is not
necessary
UNFAIR LABOR PRACTICES COMMITTED BY LABOR UNIONS
An example would be Sending out letters promising benefits to 1. Restrain or coercion of EEs from exercising their right to self
striking EEs without coursing through the union is considered as organization
strike breaking. - insular life assurance EE association vs insular life 2. Cause or attempt to cause the ER to discriminate an EE
3. Violate the duty or refusal to collectively bargain
Interference in the selection of the panel of the other party in the 4. Cause or attempt to cause the ER to pay or deliver or agree to pay or
negotiations or coerces the union to exclude in its panel... deliver any money or other things of value for services which are not
performed or not to be performed - feather bedding
Case of Cainta catholic school - no interference if separation of service is 5. Sweetheart contract - labor union will ask or accept negotiation or
effected through retirement, as stated in the retirement provision of the CBA attorney's fees from ERs, this can also be committed by the ER
6. Gross violation of CBA
Sponsoring a field trip for the EEs excluding union members before the
certification election activing campaigning against the union during the field Blue Sky bargaining
trip escorting them to the polling center. (t&h shop fitter vs t&h shop fitter Economic demands of the EEs were exaggerated or unreasonable
unions)
PEACEFUL CONCERTED ACTIVITIES - resorted to by ER and EE
Contracting Out of Services
Not illegal per se,absent proof that the management acted in a Strike
malicious and arbitrary manner - bpi EEs Union vs bpi Any temporary stoppage of work arising from industrial or labor
But if stipulated in the CBA that the ER is precluded what otherwise dispute
would have been its prerogative to do I.e. To contract services - she'll
oil workers case It may come in many forms such as, but not limited to:
1. Slowdown
Discrimination 2. Mass leaves
Must be committed Ito encourage or discourage Union membership 3. Sit down
No discrimination if keeping the EEs out of the premises arose from 4. Attempts to destroy damage sabotage plant equipment or facilities
fear or apprehension that they may sabotage the products machinery 5. Wildcat strike - declared by members of labor union without formal
and spare parts which was done in another branch by striking union approval coming from the Union
members - rizal cement workers vs madrigal
Dismissal of a brother of the EE who refused to withdraw his Examples
complaint against the company was declared as an act discriminatory Concerted violation of grooming standards resulting in temporary cessation or
and constitutes as a ULP - case of disruption of operations constitutes illegal strike (NUWHRAIN v. CA)

Runaway shop Usual indicators such as - Not reporting for work, gathering in front of
Industrial plant moved by the owners from one location to another to company premises to hold a protest action, deliberate absence wearing red
escape union labor regulations or to discriminate EEs in the old plant ribbons, Carrie cola cards and slogans marching to and from in front of the
because of union activities. (Complex Electronic EEs Association v. company premises during work hours affecting company operations (Club
complex electronics) Filipino v. Bautista)

Surface bargaining Illegal strike if the notice of strike is converted into a preventive mediation or
Going through the motion of negotiating without any legal intent to reach an conciliation by the parties. In other words, if converted to a preventive
agreement. (Standard Chartered v. Confesor) mediation or conciliation, there cannot be a valid strike.
Innocent Bystander Valid and factual ground
Injunction is proper if filed by the third parties to a labor dispute or those A. CBA deadlock
without industrial connection or interest totally foreign to the context of the Presuppose reasonable effort at GF bargaining which despite noble
dispute.(MSF Rubber Tire v. CA) intentions, does not conclude an agreement.

They can file in courts of general jurisdiction an injunction to prevent a B. ULP


conduct of a strike. This is an exception to the prohibition on regular courts to Only GROSS VIOLATION of the economic provisions of the CBA are treated
issue an injunction. as ULP.
Violation of the union shop agreement cannot constitute as ULP
Not an innocent bystander if third party's interest is intricately connected with
the ER whose company is part of the strike being conducted by the EEs. Notice of strike or lockout
If CBA deadlock, thirty days before the intended strike or lockout
Picketing If ULP, fifteen days before the intended strike or lockout
Right of workers to peacefully March to and from before an establishment
involved in a labor dispute generally accompanied by carrying or placing of Notice served to NCMB
signs placards and banners intended to inform the public of the dispute At least 24hours before the strike or lockout vote, otherwise, strike or lockout
will be deemed illegal
When does it become illegal?
When Strike or lockout vote
1. Staged through the use of illegal means Majority of Union membership or board of directors
2. Involves employment of violence and other illegal acts Necessary even if the ground for a strike is union busting, this will not
3. Injunction is necessary to protect the rights of third parties refer to lockout ever!

I. by the Employer Report


At least seven days prior to intended strike or lockout
Lockout Still required even in case of union busting
Any temporary refusal of the ER to furnish work as a result of an
industrial or labor dispute Cooling-off Period
CBA deadlock, thirty days
Labor or industrial dispute refers to any controversy concerning terms and ULP, fifteen days
condition of employment and/or association or representation or persons in Union busting, none
negotiating, fixing, maintains, changing or atranging terms and conditions of **Reckoning period, filing of notice of strike or lockout vote with the
employment NCMB.

Any issues outside the this definition will not constitute as a labor or 7-day waiting period or strike ban
industrial dispute. **Reckoning period, on the date of the submission of strike vote report
One day deficiency will render the strike illegal
Requisites of strike or lockout Purpose: to ensure that the strike or lockout vote was indeed taken
1. Valid and factual ground - strikeable ground and the majority of the members approved the strike or lockout
2. Notice of strike or lockout
3. Notice is served to the dole-NCMB Effects of an illegal strike
4. Strike or lockout vote Liability of a Union officer who knowingly participates in an illegal
5. Strike or lockout vote report strike or commit illegal acts during a strike is declared to have lost
6. Cooling off period his employment status.
7. 7 day waiting period Note that knowledge is sine qua non before he may be dismissed
Union officer may be dismissed even if the illegal strike was held only o If impossible, by leaving a copy between 8:00 am and 6:00
for one day. (Samahan ng Manggagawa; Sulpicio lines v. _____) pm at the party's or counsel s residence is known, with a
person of sufficient age and discretion residing therein.
Wholesale forfeiture or employment status is not allowed. (Telefonica o Take note that the presumption of receipt by the labor union
semiconductors EEs Union v. SOLE) cannot be treated lightly, meaning the service of summons, in
the case of assumption of jurisdiction should also be strictly
Liability of union members who knowingly participated in the complied with.
commission of illegal acts during a strike, may be declared to have
lost his employment status Effects
o Any intended or impending strike or lockout is automatically
Case of ... community medical center vs yballe - relief for dismissed enjoined even if a MR is filed on the assumption of
union members for participating in an illegal strike is separation pay in jurisdiction.
lieu of reinstatement - doctrine of strained relation is applicable o Strikers or locked-out EEs should immediately return to
work. ER has no choice but to accept these workers under
Mere participation is a lawful strike shall not constitute sufficient the same terms and conditions prevailing before the conduct
ground for termination even if a replacement had been hired by the of the strike or lockout.
ER during such strike.
Return to work
o It is immediately executory.
ASSUMPTION OF JURISDICTION
ER has two options:
REQUISITES: o Physical reinstatement this is the NORM.
o Industry indispensable to the national interest o Payroll reinstatement EXCEPTIONAL case. This happenes
o Match factory is not imbued with national interest. Case of when reinstatement is impossible or not conducive to
phimco vs brillantes attaining the purpose of the law. (University of Immaculate
conception v. SOLE and NUWHRAIN v. CA)
Examples:
o Telecommunications industry Defying a Return to Work Order would constitute abandonment of
o Airline companies, banks, educational institutions, hospitals work. (St Scholastics College vs Torres)
and clinics, shipping and port services, daily newspapers, ER may hire replacements in case of defiance by workers without
company producing chlorine for water treatment need of a hearing. The employee may not be precluded from the
RTW regardless if there are replacements.
Who may exercise power to assume jurisdiction But ER my be liable for back wages, damages and other reliefs, even
o Dole secretary AOJ must have to come from an Order from criminal prosecution in case of refusal to readmit workers. Refers to
this person! criminal prosecution for ULP.
o President Agreement to reinstate workers would constitute a waiver on the part
o Certified case: when SOLE would exercise jurisdiction, it will of the ER to proceed against EEs who committed illegal acts during a
just then be certified to the NLRC, so the NLRC would be the strike, when during a conference, it agreed to reinstate and comply
one to settle the dispute. with the return to work order.

Nature of power: plenary Improved offer balloting, in case of strike, the NCMB regional branch shall
o All cases pending or may be filed during the assumption of conduct a referendum on the improved offer by the ER, on or before the 30th
jurisdiction may be assumed or recognized by the SOLE day of the strike.

Service: rule on service of summons must apply


o It must be made personally.
Reduced offer balloting, in case of lockout, the NCMB regional branch shall award of the decision by the RTC (not sure Kung bakit RTC sinabi
conduct a referendum on her diced offer by the labor union or before the 30th in Maam confirmed sa record haha).
day of the lockout.
MAGIC NUMBER UNDER THE LABOR CODE: 10 DAYS.

PROCEDURE AND JURISDICTION Grievance machinery


All grievances submitted to grievance which are not settled within 7
Voluntary Arbitrators calendar days from the date of their submission shall automatically
Subject matter of jurisdiction: interpretation or implementation of CBA be referred to Voluntary Arbitration prescribed in the CBA.
OR company personnel policies.
Remember that grievance machinery is one of the mandatory
They cannot exercise jurisdiction on gross violation of the CBA provisions in the CBA.
because that falls under LA.
The parties must strictly observed the agreed procedure to resolve
It has plenary jurisdiction and authority to decide on the grievances or when they submit the dispute to voluntary arbitration.
interpretation of the CBA and determine the scope of its
authority, may call for the resolution or related and incidental Bureau of Labor Relations
issues whether the company violated the CBA without being Exercise appellate jurisdiction over all class originating from the
guilty of CBA. (Goya v. Goya EEs Union) Regional Directors including complaints for examination of Union
bank accounts.
o Power is plenary in that all issues arising may be settled by
the voluntary arbitrator. One of the jurisdiction of the Labor When we refer to the Bureau, we are actually referring to the Central
Arbiter is to determine if there was illegal dismissal. However, Bureau of Labor Relations. The jurisdiction is appellate, there cannot
the exception is that if there is an agreement, most especially be any exclusive or original jurisdiction since the case must always
in the CBA, that all issues even in relation to illegal dismissal originate from the Regional Offices.
will have to be submitted to voluntary arbitration. Then the
parties will have to follow that stipulation and submit the Labor Arbiters
issue of illegal dismissal to voluntary arbitration such that the Determines the existence of illegal dismissal. However, if there is an
Labor Arbiter cannot validly exercise jurisdiction even if that agreement that all issues in relation to an illegal dismissal would have
would pertain to illegal dismissal. to be submitted to VA, parties would have to observe such procedure
such that the LA cannot exercise jurisdiction even if that would
By agreement of the parties of the parties, voluntary arbitrator may pertain to illegal dismissal.
exercise jurisdiction over other labor dispute where the LA exercises
Original and exclusive JURISDICTION. (7k vs Albarico and ace Reasonable causal connection rule: between the claim asserted and
navigation) the ER-EE relations, jurisdiction is vested in the labor courts,
otherwise, if there is no relationship between the claim and the ER
It is a quasi judicial agency, decisions and awards are appealable to EE relationship, then jurisdiction will be exercised by regular courts
the CA under Rule 43 (Leyeco v. Leyeco EEs Union) (Indophil textile mills v. Adviento)

Voluntary arbitrator may be likened to a Government Good will clause or noncompete clause is a contractual undertaking
instrumentality. Decisions are akin to those of the RTC, and must effective after the cessation of the employment relationship. Breach
therefore be appealed to the CA before being elevated to the SC. thereof is a civil law dispute. Regular civil courts shold exercise
(AMA v. Nacino) jurisdiction. (Portillo v. Rudolf Lietz)

Awards or decision shall contain the facts and law in which it is In case of ULP, there must first be a concurrence of (1) gross
based. Shall be final and executory after 10 days from receipt of the violation of the CBA and (2) violation pertaining to the economic
provisions of the CBA - grievance machinery provision is not an
economic provision.

Regular courts have no jurisdiction to act on labor cases or various


incidents, including execution or decisions, awards or orders by the
Labor Arbiter. (Delta ventures v. Labato)

Regular courts CANNOT issue injunction against orders of the NLRC


or LA.

The Doctrine of forum non conveniens may be invoked against the


jurisdiction of the LA and NLRC when the main aspects of the case
transpired in foreign jurisdictions and the only link to the Philippines
has is the citizenship of the employee concerned. (Manila Hotel v.
NLRC)

Secretary of Labor
Once a decision or award is rendered by the Secretary of Labor,
under the rules and regulation of the DOLE, a MR is NOT a remedy
because it is not stated therein. The only thing mentioned is that the
awards of the Secretary of labor decision shall be immediately
executory. So, does that mean that the aggrieved party the
employer - will no longer have any remedy under existing law?

Remedy: Rule 65! One of the requirements of 65 is that there is no


adequate remedy, so the reasonable conclusion is that you file a MR
as a precondition to filing a special civil action for certiorari under
Rule 65. (Philtranco v. Philtranco Workers Union)

Prescription of Actions
An action for reinstatement by reason of illegal dismissal is based on
an injury to the complainants rights which should be brought within
four (4) years from the time of dismissal under art 1146 of the NCC.
(Phil. Manufacturing v. Tagyamon)

Prescriptive period continues even after withdrawal of the case, as if


no action has been filed at all. (Montero v. Times Transportation)

Offenses penalized under the LC and rules and regulations shall


prescribe in three (3) years from the commission of the act.

Money claims arising from ER-EE relationship prescribes in three (3)


years specifically provided under the Labor Code.