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Labor Relations Box Questions and Answers-1 PDF
Labor Relations Box Questions and Answers-1 PDF
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3. If accompanied with a claim for reinstatement,
those cases that workers may file involving wages, 1) What are the powers of the NLRC? (See Art 218 o
rates of pay, hours of work and other terms and f LC, now Art 224, 2013 Codal)
>> POWERS OF THE COMMISSION
Bukidnon State University – College of Law
Batch 2014
(i) RULE-MAKING POWER relative to the object of the investigation.
The Commission has the power to promulgate Note: Author believes this power is adjunct to the adju
rules and regulations: dicatory function and exercised only to assist or
a) governing the hearing and dispostition of expedite adjudication or a pending dispute. Not
cases before it and regional branches; meant to duplicate the visitorial-enforcement
b) pertaining to its internal functions authority under Art 128.
c) those that may be necessary to carry out t (vi) ADJUDICATORY POWER
he powers of this Code. Original: Each of the NLRC has original jurisdi
(ii) POWER TO ISSUE COMPULSORY PROCESSES ctions over petition for injunction or temporary restraini
The Commission has the power to : ng order under Art. 218 (e). It also had the original jurisd
a) administer oaths; iction to hear and decide "National Interest" cases certif
b) summon parties; ied to it by the Sec.of Labor under Art. 263 (g).
c) issue subpoenas ad testificandum and duc Appellate: The NLRC has exclusive appellate
es tecum jurisdiction over all cases decided bu the lanor arbiters a
(iii) POWER TO INVESTIGATE AND HEAR DISPUTES nd the DOLE regional director or hearing of officers und
WITHIN ITS JURISDICTION er Art. 219.
The Commission has the power to: (vii) POWER TO ISSUE INJUNCTION OR TEMPOR
a) conduct investigations for the determinat ARY RESTRAINING ORDER
ion of a question, matter or controversy within See Art 218 par. [e]
its jurisdiction;
b) proceed to hear and determine the dispu 2) Injunction is frowned upon in labor disputes. Wh
tes in the manner laid down under paragraph (c) at are the pre-conditions before an injuctive writ be is
Art. 218 (now Art 224, 2013 Codal) sued? (See Art 218 par. [e]) (Art 224, 2013 Codal)
(iv) CONTEMPT POWER >> As a rule, restraining orders or injunctions do no
The procedures and penalties thereof are pr t issue ex parte and only after compliance with the follo
ovided under paragraph (d) Art. 218 wing requisites, to wit:
(now Art. 224 , 2013 Codal) a. a hearing held "after due and personal notice there
(v). POWER TO CONDUCT OCULAR INSPECTION of has been served, in such a manner as the Commi
Under Art 219 (now Art. 225), the chairman, ssion shall direct, to all known persons against who
any commissioner, labor arbiter or their duly m relief is sought, and also to the Chief Executive a
authorized representatives may, at any time nd other public officials of the province or city with
during working hours: in which the unlawful acts have been threatened or
a) conduct an ocular inspection on any est committed charged with the duty to protect compl
ablishment, building, ship or vessel, place or ainant's property;
premises, including any work, materiak, i b. reception at the hearing of "testimony of witnesses
mplement, machinery, appliance or any object , with opportunity for cross-examination, in suppor
therein; t of the allegations of a complaint made under oath
b) ask any employee, laborer or any perso ," as well as "testimony in opposition thereto, if off
n, as the case may be, for any information or ered x x";
data concerning any matter or question c. "A finding of fact by the Commission, to the effect:
4. Where, when, and how is CBA registered? 3. The regional office shall furnish the blr with copy of
cba within 5 days from submission.
Registration of Collective Bargaining Agreements
4. The blr regional office shall assess the employer for
Where to file:
every cba, registration fee of not less than 1,000 or any
With the Regional Office which issued the certificate of amount deemed appropriate by secretary of labor.
registration/certificate of creation of chartered local.
5. Issuance of certificate of registration.
If the certificate of creation of the chartered local was
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issued by the bureau, the agreement shall be filed with
1. What are the rights of a legitimate labor 1. In the private and public sectors, who are
organization? the persons allowed and not allowed to
The following are the rights of a form and join labor organization?
legitimate labor organization: (Art. 242)
1. To act as representatives of its >In private sectors all person employed in
members for the purpose of commercial, industrial and agricultural
collective bargaining. enterprise and in religions, charitable,
2. To be certified as the exclusive medical/educational institutions whether
representative of all the for profit or not are allowed to form or join
employees in an appropriate labor organization. Ambulant, intermittent
collective bargaining unit for and itinerant workers, self-employed
purposes of collective bargaining. people, rural workers and those without
3. To be furnished by employer, any definite employees may form/join
upon written request, with its labor organization.
annual audited financial
statements. >Those who are not allowed are
4. To own property, real or personal, employees of such cooperative who is a
for the use and benefit of the member and co-owner; Managerial
labor organization and its employees.
members.
5. To sue and be sued in its >In public sectors, employees of Govt.
registered name. Corporation established under the
6. To undertake all other activities corporation code shall have the right to
designed to benefit the organize with their respective employers.
organization and its members, All other employees in civil service shall
including cooperative, housing have the right to form association for
welfare and other projects not purpose not contrary to law.
contrary to law.
7. Its income, properties, grants, >Exempted employees are those members
endowments, gifts, donations, of the AFP, including police officers,
and contributions, used for their policemen, fireman and jai guard; High
lawful purposes, shall be free level employee.
from taxes, duties and
assessments, except when this 2. What law governs labor realations in the
provision is expressly repealed by public secto?
a special law. >The law that governs in the public sector
is the Civil Service Law.
2. May a union, as representative, settle by
compromise its members’ money claims? 3. May government employees hold protest
No. The exception is when there is a actions? May they go on a strike – legally?
specific individual consent of each laborer
concerned. >Yes, the resolution of complaint and
cases involving govt. employees is not
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ordinarily left to collective
Bukidnon State University – College of Law
Batch 2014
bargaining/other related activities but to
civil service law and labor law whenever
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applicable.
1. Unfair Labor practice is an act of abridgment
>Terms and condition of employment in which Article 246 prohibits. Is it ULP to stop
govt. including any political subdivision or “protest action” by ununionized employees?
instrumentality thereof and GOCC with Ans.:
original charters are governed by law, the Because self-organization is a prerequisite—
employees therein shall not strike for the lifeblood—of industrial democracy, the right
purpose of securing changes thereof. to self-organize has been enshrined in the
Constitution, and any act intended to weaken or
4. In the private sector how does a manger defeat the right is regarded by law as an offense.
differ from a supervisor? ULP, therefore has a limited, technical meaning
>In private sector a manager differs from a because it is a labor relations concept with a
supervisor is that a manager makes policy statutory definition. It refers only to acts opposed
decision or people decision/both, while to workers right to organize. Without the element,
supervisor recommends those decisions. the act, no matter how unfair, is not unfair labor
One is a decision maker while the other practice as legally defined.
recommends.
2. Under article 247, ULP is both civil and criminal
5. Supervisor and rank and file employees offense. Why?
cannot join the same union. What
happens if they do? Ans.:
>As a rule the inclusion as union members The victim of the offense is not just the
of employees outside the bargaining unit workers as a body and the well-meaning
shall not be ground for the cancellation of employers who value industrial peace, but the
registration of the union. Said employees State as well. Thus, the attack to constitutional
are automatically deemed removed from right is considered a crime which therefore carries
the list of membership of said union. both civil and criminal liabilities.
6. Who are considered confidential 3. What are the elements of ULP as an offense?
employees? May confidential employee
join unions? Ans.:
First, there is employer-employee relationship
>Confidential employees assist and act in a between the offender and the offended; and
confidential capacity to, or have access to Second, the act done is expressly defined in the
confidential matters of, persons who Code as an act of unfair labor practice.
exercise managerial functions in the field
of labor relations. Box 13
5. Who are voluntary arbitrators? In what sense 2. Procedural requirements of the law
are they “voluntary”? Are their decisions
3. Purpose must be ULP and economic
appealable?
4. Lawful means and methods
ANS: Voluntary Arbitrators consist of persons
mostly involved as employees or officials in the 5. Injunction
government or in education, civic, and religious
institutions, trade union organizations &
private enterprises. 3. Government Employee may strike?
They are considered to be voluntary in No. By reason of peculiar character of the public service,
the sense that they are chosen by the parties it must necessarily regard the right to strike given to
themselves, thus the preferred method of unions in the private industry as not applying to public
selection of voluntary arbitrators is by mutual employees.
agreement of the parties.
Moreover, the csc declared that the right to self
As a general rule, decisions of organization accorded to government employees shall
Voluntary Arbitrator must be accorded with not carry with it the right to engage in any form of
finality, however, the Supreme Court may take prohibited concerted activity or mass action causing or
cognizance a petition for certiorari by the intending to cause work stoppage or service disruption,
aggrieved party under Rule 65 of the Rules of albeit of temporary nature.
Court which allege a grave abuse of discretion
4. Goodfaith strike doctrine - A strike may be
or an act without or excess of jurisdiction on
considered legal when the union believed that the
the part of the Voluntary Arbitrator.
respondent company committed unfair labor acts and
the circumstances warranted such belief in good faith
6. What rules govern voluntary arbitration?
although subsequently such allegation of unfair labor
(b) No person shall obstruct, impede, or interfere with, A "no strike, no lock-out" provision in the CBA is a valid
by force, violence, coercion, threats or intimidation, any stipulation although the clause may be invoked by an
peaceful picketing by employees during any labor employer only when the strike is economic in nature or
controversy or in the exercise of the right to one which is conducted to force wage or other
selforganization or collective bargaining, or shall aid or concessions from the employer that are not mandated
abet such obstruction or interference. to be granted by the law itself. It would be inapplicable
to prevent a strike which is grounded on unfair labor
(c) No employer shall use or employ any strike-breaker, practice. [Panay Electric Co. v. NLRC, 1995; Malayang
nor shall any person be employed as a strike-breaker. Samahan ng mga Manggagawa sa Greenfield v. Ramos ,
2000BLR
(d) No public official or employee, including officers and
personnel of the New Armed Forces of the Philippines Box 19
or the Integrated National Police, or armed person, shall
bring in, introduce or escort in any manner, any
1. What are the legal limits to a picket? May
individual who seeks to replace strikers in entering or
picketing be conducted without a strike?
leaving the premises of a strike area, or work in place of
the strikers. The police force shall keep out of the picket Picketing involves the presence of striking workers
lines unless actual violence or other criminal acts occur of their union brothers who pace back and forth before
therein: the place of business of an employer considered “unfair
to organized labor,” in the hope of being able to
(e) No person engaged in picketing shall commit any persuade peacefully other workers not to work in the
act of violence, coercion or intimidation or obstruct the establishment, and customers not to do business there.
free ingress to or egress from the employer’s premises Picketing as a concerted activity is subject to the
same limitations as strike, particularly as to lawful
for lawful purposes, or obstruct public thoroughfares.
Bukidnon State University – College of Law
Batch 2014
purpose and lawful means. Like the freedom of A picketing labor union has no right to prevent innocent
expression in general, it has limits. Thus, to the extent bystander from getting in and out of its premises,
that it is an instrument of coercion rather than a otherwise it will be held liable for damages for its act
persuasion, it cannot rightfully be entitled to the against innocent bystanders.
protection associated with free speech.
Picketing almost always accompanies a strike. But 3. What is the recourse of an employer when
there may be picketing without a strike because employees conduct a group action without
employees may picket without engaging in work work stoppage? (No answer found in the book,
stoppage. Although picketing is a form of concerted I just infer this based on the annotations)
action, not every concerted action is a strike. The following are concerted actions
without work stoppage:
2. What is the recourse of a neutral party being a) Collective letter;(Republic Savings Bank vs.
affected by a picket? CIR)
b) Publicity;
In Philippine Association of Free Labor Unions (PAFLU) c) Placards and Banners;
v. Cloribel, the Court, through Justice d) Wearing of Armbands;(Bascon et al vs. CA
J.B.L. Reyes, stated the “innocent bystander” rule as et al)
follows: e) Speeches, Music, and Broadcasts
f) Employees’ Demonstration to Protest
The right to picket as a means of communicating the Police Abuses (Phil Blooming Mills
facts of a labor dispute is Employees vs.PBM Inc)
a phase of the freedom of speech guaranteed by the There was no finding by the Court that the
constitution. If peacefully following group action constitutes illegal act. In
carried out, it cannot be curtailed even in the absence fact, per se, they are within the mantle of
of employer-employee constitutional protection under freedom of
relationship. speech. Being so, an employer who terminates
employment constitutes illegal dismissal not
The right is, however, not an absolute one. While being for any of the just or authorized causes.
peaceful picketing is entitled to protection as Therefore, as long as the group action
an exercise of free speech, we believe the courts are not constitutes a guarantee of the freedom of
without power to confine or localize the sphere of speech, the employer has no recourse but to
communication or the demonstration to the parties to respect such exercise of right.
the labor dispute, including those with related interest,
and to insulate establishments or persons with no
industrial connection or 4. When is a group action a strike even if there is
having interest totally foreign to the context of the no work stoppage? Is boycott a strike?
dispute. Thus the right may be regulated at
the instance of third parties or “innocent bystanders” if The word “strike” in its broad
it appears that the inevitable result of its exercise is to significance has reference to a dispute
create an impression that a labor dispute with which between an employer and his workers, in the
they have no connection or interest exists between course of which there is a concerned
them and the picketing union or constitute an invasion suspension of employment. As a form of labor
of their rights. activity, it is rarely carried on without the
concomitants of picketing or boycotting. Thus,
a group action is considered a strike even if
Thus, an “innocent bystander,” who seeks to enjoin a
there is no work stoppage in instances of picket
labor strike, must satisfy the court it is
and boycott.
entirely different from, without any connection
The term “boycott” as applied to
whatsoever to, either party to the dispute and,
labor unions, is generally understood to ba a
therefore, its interests are totally foreign to the context
combination to harm one person by coercing
thereof.
others to harm him-that is, a combination of
many to cause a loss to one person by causing
3. How does preventive retrenchment differ from a) a written notice served on the
redundancy? employee specifying the ground
or grounds for termination, and
There is retrenchment where employer
giving to said employee
reduces the number of its personnel in order to
reasonable opportunity within
prevent further losses in his business operations.
which to explain his side;
There will be redundancy when for b) a hearing or conference during
purposes of economy a company decides to which the employee concerned,
reorganize its departments by imposing on with the assistance of counsel if
employees of one department the duties performed the employee so desires, is given
by the employees of the other department, thus opportunity to respond to the
rendering unnecessary the job of the latter, the charge, present his evidence or
services of the employees whose functions are now rebut the evidence presented
being performed by the former, may be validly against him; and
terminated on the ground of redundancy. c) a written notice of termination
served on the employee
4. Explain the four standards of a valid indicating that upon due
retrenchment (SINS)
Bukidnon State University – College of Law
Batch 2014
consideration of all the dismissal or diminution in rank, compensation,
circumstances, grounds have benefit and privileges.
been established to justify his
termination There may be constructive dismissal if an act
of clear discrimination, insensibility, or disdain by an
For termination of employment based employer becomes so unbearable on the part of the
on authorized causes; employee that it could foreclose any choice by him
except to forego his continued employment.
a) upon service of a written notice
to the employee and the 4. Who has the burden of proof in criminal
appropriate Regional Office of cases?
the Department at least thirty
days before the effectivity of the The burden of proof rests upon the
termination, specifying the employer to show that the dismissal is for
ground or grounds for just and valid cause. Failure to do so would
termination. necessarily mean that the dismissed was
not justified and therefore, was illegal.
2. If the termination is justified by a valid
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cause but done without observance of due
process, is the termination legal? 1. If the termination is based on any
authorized cause, the employee is entitled
Generally, no because the law is very clear as to to separation pay, and nothing if it is due
the due process requirements that an employer who to a just cause. What are the exceptions?
seeks to terminate the employment of its employee
As a general rule, employee is not entitled
must notify him in writing at least 30 days before the
to separation pay if cause of dismissal is due
intended dismissed.
to an act imputable to him. Exceptions to
these are as follows, to wit;
However, if an employee consented to his
retrenchment or voluntarily applied for a) When the court finds justification in
retrenchment with the employer the required applying the principle of social justice
previous notice to the DOLE is not necessary as the well entrenched in 1987 Constitution.
employee thereby acknowledged the existence of a
valid cause for termination of his employment. If the act committed by the employee
does not amount to serious misconduct
3. What is constructive dismissal? Is or does not reflect on the employee’s
preventive suspension exceeding thirty days moral character, the court may require
the employer to pay as a measure of
considered constructive dismissal?
social justice, separation pay to the
employee.