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Labor Relations Reviewer by Buddy Poquiz
Labor Relations Reviewer by Buddy Poquiz
CONSTITUTIONAL PROVISION
TYPES OF EMPLOYEES
1. Regular employees
Whether continuous of broken, so long as the employment is for more than one year,
regular employment.
Constant Rehiring, renewal of contract plus one year = regular employment
Necessary and desirable to the usual business or trade of the employer
Usual trade and business = main undertaking of the employer
Expiration of the training period
o Training Period
For Apprentice – not more than 6 months but not less than 3 months
Combo of Theoretical Instruction plus OJT(Practical application)
The apprenticeship period is considered as the probationary period
Double apprenticeship is not allowed (apprenticeship plus
probationary period). It is against public policies.
NB: Q: Who has jurisdiction over learnership and apprenticeship disputed? A: Plant
Committee then Department of Labor and Employment. Labor Arbiter has no jurisdiction.
(PAL vs Pano)
2. Probationary Employment
Period can be less than six months, if favorable to the employee as provided for the
employer.
SC: 18 months probationary period can be warranted when the job required extensive
training. The law provides for six months.
During this period, employees are required to comply with the employer’s standards.
Probation extension: allowed when agreed upon by the parties when necessary to comply
with the probationary standards of the employer. What is prohibited is double probation.
But after the extension, the employee still have not reached the standards, employer can
terminate the employee.
3. Seasonal Employment
From season to season
Performing the same task
4. Project Employment
Hired for specific undertaking or project
Upon termination of project, automatic cessation of employer and employee relationship
Q: What if there is illegal dismissal during the project? Answer: Reinstatement during the
period of the project and back wages but only during the term of the project.
7. Casual Employees
Activity performed is not usually necessary or desirable in the usual business or trade of the
ER (not regular); not project; not seasonal.
He is uniquely regular because his “regularness” attaches only to the particular activity that
he has been doing while still a casual.
Prescriptive Period:
The NLRC Commissioner can notify the parties to have amicable settlement base on
o
Art. 221 of LC.
o No amicable settlement, proceed with decision.
o When affirmed in toto, reinstated to the payroll.
o Losing party, file Motion for Reconsideration. Only one MR is allowed. This is a
condition sine qua non for filing of certiorari. (St. Martin’s Funeral Home vs. NLRC)
o When MR denied, file a certiorari under Rule 65 to CA within 60 days.
o When Certiorari was denied or unfavorable, file MR again, then when denied thus
upholding NLRC decision, certiorari to SC.
o SC can only review question of law, but can review question of facts when
1. When decision of LA, NLRC and CA are contrary, in collision or diametrically
opposed to each other.(SC)
o Filing and reckoning period
Reckoning Period: Upon receipt of the counsel of record
Philpost: The date of mailing, date of filing
Private Carrier: The date of receipt of private party, date of filing
3. Pay appeal Bond
o Cash and surety bond only, but
UERM Case: Property bond can be posted provided it is sufficient to cover
the monetary award
Bank certification, irrevocable bank guarantee are not allowed
Q: Can you file a motion to reduce bond? A; Yes, but it must be coupled with
the payment of the reasonable amount of the bond. Without the payment,
the period will not be tolled.
NB. Except as otherwise provided by this code. These matters are beyond the jurisdiction of
the Labor Arbiter.
1. Contempt Power
Two Types
i. Indirect Contempt
1. To be dealt with by the NLRC and its rules.
ii. Direct Contempt
1. By the Rules of Court (R71)
2. Injunctive Power
2. Certification Power
Art. 263 (g) Assumption powers of President and/or Secretary of
Labor.
The President or the Secretary of Labor, upon assumption, can also
certify the labor dispute assumed to compulsory arbitration. Thus, it
is certified to the NLRC which will resolve the dispute.
Q: Can the labor dispute be certified for voluntary arbitration? A:
Yes. If the Secretary of Labor deems it fit for voluntary arbitration.
3. Appellate Power
Decisions of LA under Art. 217
Decisions of LA under Art. 128 (b) in relations to contested cases
Decisions of LA arbiter in wage distortion in non-unionize
companies.
Elements of wage distortion (Pru Bankers Case)
i. Existence hierarchy of positions
ii. There in an increase in the lower pay class with no
corresponding increase higher pay class
iii. Abolition of the two groups or classes
iv. Wage distortion applies only to the same region
NB: Q: Who has jurisdiction over wage distortion problem?
A: For unionize establishment – Voluntary
Arbitrator
File it with the Regional Arbitration Branch of the NLRC which has territorial jurisdiction
over the workplace of the complainant.
Mandatory Preliminary Conference. Resort to amicable settlement as per Art. 221 of the LC.
Second MPC, if first attempt is not successful.
After second MPC, no amicable settlement, LA will mandate parties to submit position
papers.
o SC: Position papers proceedings are not in violation of due process. Through their
papers, they are heard. Plus, technical matters are not binding in labor proceedings
being an administrative proceeding.
o Q: Can one of the parties file a motion to have a trial type proceeding? A: Yes, but
subject to the discretion of the LA.
When final paper has been submitted, LA has 30 days to decide.
Ten calendar days to appeal
No appeal, immediately self-executory as to the reinstatement aspect. No need for writ of
execution.
Virgen Shipping case: As to other matters, a writ of execution is needed. To be filed after
period to appeal expired and no appeal is made.
After the motion for execution, LA will set it for pre-execution conference to abbreviate the
proceedings as to Art. 221 of LC.
If after the pre-execution conference, no settlement, proceed to execution.
Garnishment and levy is allowed when no money to answer for the judgment.
3rd party complaint is cognizable by LA for execution.
o Instances when you can lift or quash the writ of execution:
Issued against a non-party
Issued on account of graft and corruption
Issued on account that the awards is incomplete
Irregularly issued
NB: Doctrine of Immutability of Final Judgment: Final judgments are final and cannot be modified.
In the event that the CBA is approved, it will govern the company premises or the law of the
plant. Thus, the law of the plant is another name for a CBA.
Whatever benefits that the CBA may bring, non members of the union are also benefitted.
They are not required to pay union dues but they will pay agency fees that will be of the
same amount as that of union dues. Payment of the agency fee is known as the agency
shop, maintenance of the treasury shop, anti-hitchhiker clause, anti-free rider clause.
Q: Is there still a need for the union and the company to agree to impose agency shop? A: No
need. The agency shop agreement is already provided for by law.
Doctrine of Union Monopoly/Exclusive Right Rule – the certified union is the only
bargaining agent allowed to bargain with the management to the exclusion of the other
unions in the plant or company premises.
An act either by the employer or the union, their agent or representatives which violates the
constitutional right of the workers to self organization.
There must be employer and employer relationship.
Instances when ULP can be committed even if there is no EE-EM relationship:
1. When committed by agents or representative
2. Yellow dog contract – an applicant is made to denounce his membership
to a union or promised not to join one as a condition for employment.
Hence, being an applicant, no employer and employee relationship yet.
Two Types of ULP
o By employer
1. Interference, restraint , coercion in the formation of a union
Discourage the formation or continuation of a union
3 ways of commission
i. Economic
ii. Psychological
iii. Physical
2. Yellow dog contract
3. Discrimination
Not per se illegal. Only if it’s designed, calculated to discriminate
the officers and members of union with regards to benefits due
to all employees.
It maybe management prerogative. But if it’s a grand design to
undermine the union, then it is ULP
4. Forming or assisting in forming a company dominated union
SC: Passivity of a union is an indication of a company dominated
union.
Organize with help or assistance of management.
Economic, legal support from employer
o By Union
1. Interference, restraint , coercion in the formation of a union
2. Discrimination
3. Payment of Negotiation Fees
It is when in order to settle economic provisions in CBA, union
demands from employer negotiation fees.
Sweetheart Contract – when the CBA was not able to get full
economic benefits for employees, or it’s an incomplete CBA.
Example: when CBA does not have an arbitration clause.
o NB: An incomplete CBA does not bar a certification
election. Thus not bar on holding another certification
election during the 12 month ban.
4. Gross and flagrant violations of CBA
5. Refusal to bargain collectively
6. Featherbedding Activities
Union demanding from employers for fees on services rendered or
not rendered, performed or not performed.
Prolonging the work
In short, the union is engaged in extortion