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I.

132 Eligible Voters, 66 majority (66 +1)


Actual Voters 87
No of Valid votes 78 ( 39 majority votes)

1. Yes, the election was valid. According to Article 268(256), To have a valid election at least a
majority of all eligible voters in the unit must have cast their votes. At the case at bar, the voters did
meet the requirement of majority of eligible voters. 132 are eligible voters and 87 are those who
actually voted exceeding the majority requirement

2. None, According to Article 268 (256)- The labor union receiving the majority of the valid votes cast
shall be the exclusive bargaining unit. Here, none of the unions received the majority of the valid
votes, which is 39 votes.

Areen: No union won. The law provides that the labor union receiving the majority of the valid votes
cast shall be certified as the SEBA of all workers in the ABU. Howver, in this case, TMCEU only got 36
which is only less than the majority requirement.

3. The next step is a run-off election. According to Article 258, when an election which provides for 3
or more choices results in no choice receiving a majority of valid cast, a run off election shall be
conducted between the labor unions receiving the two highest number of votes.

Areen: Run off election. For a run off election to exist, the following must be present 1. There must
be a valid election 2. 3 choices 3. None got the majority 4. At least 50% of the total voters voted

4. TMCEU- TUCP and TMPSLO-KMU shall participate in the Run-off election. According to Article 258,
a run-off election shall be conducted between the labor unions receiving the two highest number of
votes.

Areen: Those who wants to participate may only participate (dont know kung ano basis ni sir)

II.
626 members (314 majority)
479 ( 241 majority)

5. Yes, the election was valid. According to Article 268 (256), To have a valid election at least a
majority of all eligible voters in the unit must have cast their votes. At the case at bar, the voters did
meet the requirement of majority of eligible voters. 479 of the rank and file employees voted out of
920. This is more than the majority requirement which is 460+1

6. KATIPUNAN –PTGWO won because they obtained the majority of the Valid votes cast , According
to Article 268- The labor union receiving the majority of the valid votes cast shall be the exclusive
bargaining unit. 245 votes out of 470 valid votes= 52.13%

7. Next step is the Proclamation and Certification of the result of the Elections. According to DO 40-
03 Rule IX, Section 20, within the next 24 hours from final canvas of votes, Election officer shall
transmit the records of the case to the Med- Arbiter, who shall Issue and Order the Proclaiming the
results of the election and certifying the union which obtained a majority of the valid votes cast as
the sole and exclusive bargaining agent in the subject bargaining unit, as long as there is no protest
files, and no challenge or eligibility issue as raised, or even if was raised will not materially change
the results of the elections.

Areen: Katipunan PTGWO shall be certified as the SEBA of the ABU (Art 255)

8. No, ground that it doesn’t enjoy support of at least 20% of bargaining unit is not a ground for
cancellation of union enumerated in Article 247, 248, and 250 of the Labor Code .

III.
9. Areen: No. no outside union can enter the establishment within five (5) years and challenge the
status of the incumbent union as the exclusive bargaining agent. The law mandates that the
representation provision of a CBA should last for five years. The relation between labor and
management should be undisturbed until the last 60 days of the fifth year. SALEO, as the SEBA, does
not expire when the economic provision if CBA expires. Instead, SALEO can negotiate other
provisions (economic provisions in this case) of the CBA not later than three (3) years after its
execution. [The representation aspect refers to the identity and majority status of the union that
negotiated the CBA as the exclusive bargaining representative of the appropriate bargaining unit
concerned. All other provisions simply refers to the rest of the CBA, economic as well as non-
economic provisions, except representation. San miguel employees vs confesor]

10.Yes, according to Article 265 (253-A) all other provisions of the CBA shall be renegotiated not later
than 3 years after its execution. (Areen: According to San Miguel Employees v Confessor, all other
provisions simply refers to the rest of the CBA)

Areen: Yes. ART 253-A provides that... All other provisions of the Collective Bargaining Agreement
shall be renegotiated not later than three (3) years after its execution. All other provisions simply
refers to the rest of the CBA, economic as well as non-economic provisions, except representation.
(San miguel employees vs confesor)

*11. The new CBA would be effective after the expiration of the economic provisions??

Areen: Art 253-A provides that ... Any agreement on such other provisions of the Collective
Bargaining Agreement entered into within six (6) months from the date of expiry of the term of such
other provisions as fixed in such Collective Bargaining Agreement, shall retroact to the day
immediately following such date. If any such agreement is entered into beyond six months, the
parties shall agree on the duration of retroactivity thereof

12. According to Article 265 (253- A) Any agreement on such other provisions of the CBA entered
within 6 months from the date of expiry of the term of such other provisions as fixed in such CBA,
shall retroact to the day immediately following such date.

13. I would rule against contention that government employees aren’t allowed to form labor
organizations. According to Article 254 (244) Employees of government corporations established
under the corporation code shall have the right to organize and to bargain collectively with their
respective employers.

*14. I would rule against the Petition for Certification Election because there is no EE-ER relationship.

15. I would rule in favor of this. According to Article 271( 258) In cases for petition for certification
election, the employer shall not be considered a party thereto with the concomitant right to oppose
a petition for certification election. Employer’s participation limited to 1.) being notified or informed
of petition and 2.) submitting the list of employees during the pre-election conference
16. Yes the acts of MGU is an act of ULP. Article 259, Reasonable tendency rule, whether the
employer has engaged in conduct which it may reasonable said tends to interfere with the free
exercise of the employees rights. Here the contention of not being form same companies are clearly
without basis as they literally come from the same GOCC.

V.

17.
 Refused the duty to bargain, didn’t bargain with reasonable effort at good faith bargaining. Bad
Faith bargaining, filed a certificate election only 4 years after CBA was entered into.
 act that an hour before the start of the May 10, 1988 conference, it surreptitiously filed the
petition for certification election. And yet during said conference, it committed itself to "sit down"
with the Union||| (Divine Word University of Tacloban v. Secretary of Labor and Employment, G.R.
No. 91915, [September 11, 1992], 288 PHIL 667-688)

The University failed to act in accordance with Art. 252 of the Labor Code which defines the meaning
of the duty to bargain collectively as "the performance of a mutual obligation to meet and convene
promptly and expeditiously in good faith." Moreover, by filing the petition for certification election
while agreeing to confer with the DWUEU-ALU, the University violated the mandate of Art. 19 of the
Civil Code that "(e)very person must, in the exercise of his rights and in the performance of his
duties, act with justice, give everyone his due, and observe honesty and good faith."

As we said in Kiok Loy, "[a] company's refusal to make counter proposal if considered in relation to
the entire bargaining process, may indicate bad faith and this is especially true where the Union's
request for a counter proposal is left unanswered." Moreover, the Court added in the same case that
"it is not obligatory upon either side of a labor controversy to precipitately accept or agree to the
proposals of the other. But an erring party should not be tolerated and allowed with impunity to
resort to schemes feigning negotiations by going through empty gestures."

18. There was a valid strike because it followed the requirements for a valid strike enumerated in
Article 278 (263)

19. No, According to Article 278(263)(g) may only take cognizance on labor disputes likely to cause
strike or lockout and to decide or to certify it to compulsory arbitration. The secretary of labor may
further with the concurrence of the commission or the voluntary arbiter to secede or resolve the
dispute as the case may be.
(g) When, in his opinion, there exists a labor dispute causing or likely to cause a strike or lockout in
an industry indispensable to the national interest, 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. Such assumption or certification shall have the effect of automatically
enjoining the intended or impending strike or lockout as specified in the assumption or certification
order. If one has already taken place at the time of assumption or certification, all striking or locked
out employees shall immediately return to work and the employer shall immediately resume
operations and readmit all workers under the same terms and conditions prevailing before the strike
or lockout. The Secretary of Labor and Employment or the Commission may seek the assistance of
law enforcement agencies to ensure compliance with this provision as well as with such orders as he
may issue to enforce the same.

In addition, it is provided by the Labor Code Art. 218(211)(B): “ To encourage a truly democratic
method of regulating the relations between the employers and employees by means of agreements
freely entered into through collective bargaining, no court or administrative agency or official shall
have the power to set or fix wages, rates of pay, hours of work or other terms and conditions of
employment, except as otherwise provided under this Code.”

20. Properly bargained in good faith:


"ART. 250. Procedure in collective bargaining. — The following procedures shall be observed in
collective bargaining:

(a) When a party desires to negotiate an agreement, it shall serve a written notice upon the other
party with a statement of its proposals. The other party shall make a reply thereto not later than ten
(10) calendar days from receipt of such notice.

(b) Should differences arise on the basis of such notice and reply, either party may request for a
conference which shall begin not later than ten (10) calendar days from the date of request.

(c) If the dispute is not settled, the Board shall intervene upon request of either or both parties or at
its own initiative and immediately call the parties to conciliation meetings. The Board shall have the
power to issue subpoenas requiring the attendance of the parties to such meetings. It shall be the
duty of the parties to participate fully and promptly in the conciliation meetings the Board may call;

(d) During the conciliation proceedings in the Board, the parties are prohibited from doing any act
which may disrupt or impede the early settlement of the disputes; and prLL

(e) The Board shall exert all efforts to settle disputes amicably and encourage the parties to submit
their case to a voluntary arbitrator."

||| (Divine Word University of Tacloban v. Secretary of Labor and Employment, G.R. No. 91915,
[September 11, 1992], 288 PHIL 667-688)