ATENEO DE ZAMBOANGA UNIVERSITY

College of Law

Course Title / Code: LABOR LAW REVIEW

Semester / Academic Year: First Semester, AY 2020 – 2021
Professor: Ryan Jeremiah D. Quan, J.D., LL.M.
Consultation Hours: By appointment (rquan@ateneo.edu)
Pre-requisite Courses: Labor Law I and Labor Law II

Course Description:

This course is an integration of laws on labor standards and labor relations, related social welfare
legislation, as well as landmark and recent jurisprudence on labor laws.

Class Policies: (IMPORTANT)

Apart from the cases assigned, students are expected to read annotations on the assigned topics
prior to each class. Additional readings may be given during the course of the semester.

Asynchronous activities, including quizzes and exercises, will be done using Canvas. During
synchronous classes, recitations will still be conducted. Needless to state, looking at codals and
notes during recitation is not allowed – this merits deductions. Capstone lectures will be done at
the end of each module.

Avoid opening many apps on your laptop or gadgets during synchronous classes. It will be really
difficult for you to focus.

All announcements will be made through the class beadle.

Suggested References:

JOSELITO G. CHAN, LABOR LAW REVIEWER. (latest edition)

CESARIO A. AZUCENA, JR., EVERYONE’S LABOR CODE. (latest edition)

Course Requirements:

Recitations, Exercises, Quizzes – 30%

Semester-long Class Project – 10%
Midterm Examination – 30%
Final Examination – 30%

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COURSE STRUCTURE

Module Topic/s
1 Employment Relationship
• Tests to determine employer-employee relationship
• Contracting
• Classes of Employment
2 Right to Self-organization
• Content and Scope
• Labor Organizations
• Eligibility for Membership
• Union Security Clause
• Rights and Conditions of Membership
• Cancellation of Registration
3 Bargaining Unit and the Bargaining Agent
• Duty to Bargain Collectively
• Jurisdictional Requirements
• Determination of the Exclusive Bargaining Representative
• Bars to Certification Elections
4 Collective Bargaining
5 Unfair Labor Practices
6 Strikes, Lockout, and other Concerted Activities
MIDTERM EXAM
7 Security of Tenure
• Causes for Termination
• Temporary Suspension of Operations / Floating Status
• Suspension
• Consequences of Dismissal
• Retirement
8 Wages
• Concept and Definition
• Payment of Wages
• 13th Month Pay
• Service Charge
• Non-diminution of Benefits
• Worker’s Preference
• Enforcement Mechanisms for Labor Standards
9 Working Conditions
• Management Prerogative
• Coverage
• Labor Standards (hours of work, rest periods and holidays, service
incentive leave)
• Special Groups of Workers (women, night workers, minors, homeworkers,
kasambahay, persons with disabilities, migrant workers)
10 Dispute Settlement
• Single Entry Approach

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• Department of Labor and Employment / Regional Director / Bureau of
Labor Relations
• Voluntary Arbitration
• National Labor Relations Commission
• Appeals and Appeal Bonds
• Execution; Updating of Awards
• Miscellaneous (attorney’s fees, prescription, quitclaims, technical rules)
11 Social Legislation
• Medical, Dental, and Occupational Safety
• Social Security System / Government Service Insurance System
• Limited Portability Law
• National Health Insurance
12 Recent Jurisprudence
FINAL EXAMINATION

COURSE OUTLINE

MODULE 1

EMPLOYER-EMPLOYEE RELATIONSHIP

Elements of Relationship

Labor Code: Article 97 (a), (b), (c), (e); 173 (f), (g); 219 (e) & (f)

Cases:
• Television and Production Exponents v. Servaña, January 28, 2008
• ABS-CBN Broadcasting Corp. v. Nazareno, Sept. 26, 2006
• Fulache v. ABS-CBN, January 21, 2010
• Dumpit-Murillo v. Court of Appeals, June 8, 2007
• Fuji Television v. Espiritu, December 3, 2014
• Begino v. ABS-CBN, April 20, 2015
(NOTE: Relate these six cases to Sonza v. ABS-CBN [June 10, 2004])

• Bernante v. PBA, September 14, 2011

• Abella v. PLDT, June 8, 2005
• Consulta v. CA, March 18, 2005
• Villamaria v. CA, April 19, 2006
• Republic of the Philippines v. ASIAPRO, November 23, 2007
• Phil. Global Communications v. De Vera, June 7, 2005
• Coca Cola Bottlers v. Climaco, February 5, 2007
• Chavez v. NLRC, January 17, 2005
• Angelina Francisco v. NLRC, August 31, 2006
• Tongko v. Manufacturers Life, June 29, 2010 & January 25, 2011
• Matling Industrial v. Coros, October 13, 2010

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• Cosare v. Broadcom Asia, February 5, 2014
• Atlanta Industries v. Sebolino, January 26, 2011
• Intel Technology v. NLRC & Cabiles, February 5, 2014
• Royale Homes v. Alcantara, July 28, 2014
• Bazar v. Ruizol, October 19, 2016

Independent Contractors and Labor-Only Contractors

Labor Code: Art. 106-109

Department Order No. 174, series of 2017 (NOTE: Compare with DO No. 18-A)
Department Circular No. 1-2017

Cases:
• Philippine Airlines v. Ligan, February 29, 2008
• San Miguel Corporation v. Aballa, June 28, 2005
• Meralco Industrial Engineering Services v. NLRC, March 14, 2008
• Manila Electric Company v. Benamira, July 14, 2005
• Dole Phils. v. Esteva, November 30, 2006
• Aliviado v. Procter and Gamble, March 9, 2010
• Temic Automotive v. Temic Automotive Employees Union, December 23, 2009
• Smart Communications v. Astorga, January 28, 2008
• Coca-Cola Bottlers v. Agito, February 13, 2009
• Manila Water v. Dalumpines, October 4, 2010
• Babas v. Lorenzo Shipping, December 15, 2010
• Teng v. Pahagac, November 17, 2010
• CEPALCO v. CEPALCO Employees Labor Union, June 20, 2016
• De Castro v. CA, October 5, 2016
• Diamond Farms v. SPFL-Workers Solidarity, January 13, 2016
• Quintanar v. Coca-Cola Bottlers, June 28, 2016

CLASSES OF EMPLOYEES

Labor Code: Arts. 293, 295-296

Omnibus Rules, Book VI, Secs. 5-6

Cases:

Probationary Employees
• Abbott Laboratories v. Alcaraz, July 23, 2013, April 22, 2014

Regular and Casual Employees

• Kimberly Clark Phils. v. Secretary, November 23, 2007
• Rowell Industrial Corporation v. CA, March 7, 2007
• PLDT v. Arceo, May 5, 2006
• ABS-CBN Broadcasting Corp. v. Nazareno, September 26, 2006
• Fulache v. ABS CBN, January 21, 2010

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• Fuji Television v. Espiritu, December 3, 2014
• Pier 8 Arrastre & Stevedoring Services v. Boclot, September 28, 2007
• The Peninsula Manila v. Alipio, June 17, 2008
• Samonte v. La Salle Greenhills, Inc., February 10, 2016
• PNOC-EDC vs. Buenviaje, June 29, 2016
• Basan v. Coca-Cola, February 4, 2015
• Gadia v. Sykes Asia, January 28, 2015
• A. Nate Casket Maker v. Arango, October 5, 2016

Project Employees
• Poseidon Fishing v. NLRC, February 20, 2006
• Filipinas Pre-fabricated Building Systems (FilSystems) v. Puente, March 18, 2005
• Leyte Geothermal Power Progressive Employees Union v. PNOC-EDC, March 30, 2011
• Pasos v. PNCC, July 3, 2013
• Exodus International Construction v. Biscocho, February 23, 2011
• DM Consunji v. Gobres, August 8, 2010
• Malicdem v. Marulas Industrial Corp., February 26, 2014
• Jamias v. NLRC, March 9, 2016
• Herma Shipyard, Inc. v. Esguerra, April 17, 2017

Seasonal Employees
• Benares v. Pancho, April 29, 2005
• Hacienda Bino/Hortencia Starke v. Cuenca, April 15, 2005
• Universal Robina Sugar Milling Corp. v. Acibo, January 15, 2014
• Gapayao v. Fulo, June 13, 2013

Teachers and Professors

• Magis Young Achievers’ Learning Center v. Manalo, February 13, 2009
• St. Mary’s University v. CA, March 8, 2005
• Mercado v. AMA Computer College, April 13, 2010
• Colegio del Santisimo Rosario v. Rojo, September 4, 2013

Conditional Employment
• Sagun v. ANZ Global Services and Operations, August 22, 2016

MODULE 2

RIGHT TO SELF-ORGANIZATION

Basic Concepts

Philippine Constitution, Art. III, Sec. 8; Art. XIII, Sec. 3

Labor Code, Arts. 218, 219, 290

Concept & Scope

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Labor Code: Arts. 253, 257, 292 (c), 219 (e, f)

Omnibus Rules, Book V, Rule I-Rule II, as amended by D.O. 40, series of 2003

Cases:
• S.S. Ventures International v. S.S. Ventures Labor Union, July 23, 2008
• NUWHRAIN-Manila Pavilion Hotel Chapter v. Secretary, July 31, 2009
• Samahan ng Manggagawa sa Hanjin Shipyard v. BLR, October 14, 2015
• Holy Child Catholic School v. HCCS-TELU-PIGLAS, July 23, 2013

Labor Organizations and Registration of Unions and Chartering

Labor Code: Arts. 219 (g, h), 237, 240-251, 292 (a)
Omnibus Rules, Book V, Rule I, Sec. 1 (a, h-p, w, cc, ee, ff, jj, kk, zz, ccc), Rule III-V, XIV-XV, as
amended by D.O. 40-03, as further amended by D.O. 40-B

Labor Code: Arts. 240, 241, 245, 246, 247, 248, 252
Department Order No. 40-F-03, series of 2008 (Implementing Rules for R.A. 9481 amendments)

Cases:
• San Miguel Corporation Employees Union-Philippine Transport And General Workers
Organization (SMCEU-PTGWO) v. San Miguel Packaging Products Employees Union-
Pambansang Diwa Ng Manggagawang Pilipino (SMPPEU-PDMP), September 12, 2007
• The Heritage Hotel Manila (Owned and Operated By Grand Plaza Hotel Corporation) v.
Pinag-Isang Galing At Lakas Ng Mga Manggagawa Sa Heritage Manila (Piglas-
Heritage), October 30, 2009
• Eagle Ridge Golf and Country Club v. CA, March 18, 2010
• Samahang Manggagawa Sa Charter Chemical (SMCC-SUPER) v. Charter Chemical and
Coating Corp., March 16, 2011
• Yokohama Tire Phils. v. Yokohama Employees Union, March 10, 2010
• Takata Philippines v. BLR and SALAMAT, June 4, 2014
• AIM vs. AIM Faculty Association, January 23, 2017

Eligibility for Membership; Special Groups of Employees

Labor Code: Arts. 255, 219 (m), 256

Department Order No. 40-F-03, series of 2008
Omnibus Rules, Book V, Rule I, Sec. 1 (hh), (nn), (xx), as amended by D.O. 40

Cases:
• Cathay Pacific Steel Corp. v. CA, August 30, 2006
• San Miguel Corp. Supervisors and Exempt Union v. Laguesma, August 15, 1997
• Standard Chartered Bank Employees Union (SCBEU-NUBE) v. Standard Chartered Bank,
April 22, 2008
• Coastal Subic Bay Terminal v. DOLE, November 20, 2006
• Tunay na Pagkakaisa ng Manggagawa sa Asia Brewery v. Asia Brewery, August 3, 2010
• San Miguel Foods v. SMC Supervisors and Exempt Union, August 1, 2011

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• Heritage Hotel v. Secretary, July 23, 2014

Union Security Clause

Labor Code: Art. 259 (e)

Cases:
• BPI v. BPI Employees Union, August 10, 2010 (Main Decision & Dissenting Opinion),
October 19, 2011
• General Milling Corp. v. Casio, March 10, 2010
• PICOP Resources, Inc. v. Tañeca, August 9, 2010
• Victoriano v. Elizalde Rope Workers Union, 59 SCRA 54
• Kapatiran sa Meat and Canning Division v. Ferrer-Calleja, 162 SCRA 367

Conditions of Membership and Rights of Members

Labor Code: Arts. 250, 289, 228 (b), 259 (e)

Omnibus Rules, Book V, Rule XI, XII, XIII, XVIII, XX, as amended by D.O. 40

Cancellation of Registration

Labor Code: Arts. 245, 246, 247; Rule VIII

Omnibus Rules, Book V, Rule XIV-XV, as amended by D.O. 40-03

Cases:
• Samahan ng Manggagawa sa SAMMA-Lakas sa Industriya Ng Kapatirang Haligi ng
Alyansa (SAMMA-LIKHA) vs. SAMMA Corporation, March 13, 2009
• Mariwasa v. Sec. of DOLE, December 21, 2009
• Heritage Hotel Manila (Grand Plaza Hotel Corp.) v. National Union of Workers in the
Hotel, Restaurant, and Allied Industries-Heritage Hotel Manila Supervisors Chapter
(NUWHRAIN-HHMSC), January 12, 2011
• Legend International Resorts Limited v. Kilusang Manggagawa ng Legenda, February
23, 2011
• Republic of the Philippines, represented by DOLE v. Kawashima Textile, July 23, 2008
• DHL Phils. United Rank and File Association v. Buklod ng Mangagawa ng DHL Phils,
July 22, 2004
• Asian Institute of Management v. Asian Institute of Management Faculty Association,
January 23, 2017
• De Ocampo Memorial Schools, Inc. v. Bigkis Manggagawa sa De Ocampo Memorial
School, Inc., March 15, 2017

NOTE: Compare the original provisions of the Labor Code with the amended provisions under
R.A. No. 9481.

For reference:

• Atlas Litographic Services v. Laguesma, January 6, 1992

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• De La Salle University Medical Center v. Laguesma, August 12, 1999
• Tagaytay Highlands v. Tagaytay Highlands Employees Union-PTGWO, January 22, 2003

MODULE 3

BARGAINING UNIT

Omnibus Rules, Book V, Rule I, Sec. 1 (d, t), as amended by D.O. 40-03

Cases:
• San Miguel Corp. v. Laguesma, September 21, 1994
• De La Salle v. De La Salle University Employees’ Association, Apr. 12, 2000
• International School Alliance of Educators v. Quisumbing, June 8, 2000
• San Miguel Foods v. San Miguel Corp. Supervisors and Exempt Union, Aug. 1, 2011
• Holy Child Catholic School v. HCCS-TELU-PIGLAS, July 23, 2013
• Lepanto Consolidated Mining v. The Lepanto Capataz Union, February 18, 2013
• Coca-Cola Bottlers Philippines, Inc. vs. Ilocos Professional and Technical Employees
Union (IPTEU), September 09, 2015
• Erson Ang Lee Doing Business as Super Lamination v. SMSLS-NAFLU-KMU,
November 21, 2016

BARGAINING AGENT & CERTIFICATION ELECTION PROCEEDINGS

Labor Code: Arts. 267-272

Omnibus Rules, Book V, Rule I, Sec. 1 (d, h, j, o, p, q, t, ll, ss, bbb, a, tt, ww), Rules VI-X, as
amended by D.O. 40, D.O. 40-F-03, series of 2008, and further amended by D.O. 40-I-15, series
of 2015

Duty to Bargain Collectively

Cases:
• Lakas ng Manggagawang Makabayan v. Marcelo Enterprises, November 19, 1982
• National Union of Restaurant Workers (PTUC) V. C1R, April 30, 1964
• Liberty Flour Mills Employees Association v. Liberty Flour Mills, December 29, 1989
• Colegio de San Juan de Letran v. Association of Employees and Faculty of Letran,
September 13, 2000
• San Miguel Corporation Employees Union-PTGWO v. Confesor, September 19, 1996
• Manila Electric Co. v. Quisumbing, January 27, 1999
• Manila Electric Co. v. Quisumbing, February 22, 1999
• New Pacific Timber v. NLRC, March 17, 2000
• Mindanao Terminal and Brokerage Service. Inc. v. Confesor, May 5, 1997
• Samahang Manggagawa sa Top Form v. NLRC, September 7, 1998
• Rivera v. Espiritu, January 23, 2002

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Jurisdictional Requirements

Cases:
• Kiok Loy v. NLRC, January 22, 1986
• ALU v. Ferrer-Calleja, May 5, 1989

Bargaining Agent and Certification Election Proceedings

Cases:
• Republic of the Philippines, represented by DOLE, v. Kawashima Textile, July 23, 2008
• St. James School of Quezon City v. Samahang Manggagawa sa St. James, November 23,
2005
• DHL Phils. United Rank and File Association v. Buklod ng Manggagawa ng DHL Phils.,
July 22, 2004
• Samahan ng mga Manggagawa sa Samma–Lakas Sa Industriya Ng Kapatirang Haligi
Ng Alyansa (Samma–Likha) v. Samma Corporation, March 13, 2009
• Chris Garments Corporation v. Hon. Patricia A. Sto Tomas and Chris Garments Workers
Union-PTGWO, January 12, 2009
• National Union of Workers in Hotels, Restaurants and Allied Industries- Manila
Pavilion Hotel Chapter v. Secretary of Labor, July 31, 2009
• Eagle Ridge Golf and Country Club v. CA, March 18, 2010
• PICOP Resources, Inc. v. Tañeca, August 9, 2010
• Legend International Resorts v. Kilusang Manggagawa ng Legend, February 23, 2011
• Samahang Manggagawa sa Charter Chemical (SMCC-SUPER) v. Charter Chemical and Coating
Corp., March 16, 2011
• Heritage Hotel v. Secretary, July 23, 2014
• Republic of the Philippines v. Namboku Peak, July 18, 2014
• T&H Shopfitters v. T&H Shopfitters Workers Union, February 26, 2014
• Hijo Resources Corporation v. Mejares, January 13, 2016
• Ren Transport Corporation v. NLRC, June 27, 2016

For reference:
• (Voluntary Recognition) Sta. Lucia East Commercial Corporation v. Hon. Secretary of
Labor, August 14, 2009
• Coastal Subic Bay Terminal v. DOLE, November 20, 2006
• (25% support requirement) California Manufacturing Corp. v. Laguesma, June 8, 1992

Bars to Certification Election

Labor Code: Art. 238

Omnibus Rules, Book V, Rule VIII, Sections 14-15, Rule XVII, Section 7, as amended by D.O. 40-03

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MODULE 4

COLLECTIVE BARGAINING

Labor Code: Arts. 261-266, 258-260, 274

Omnibus Rules, Book V, Rule I, Sec. 1 (d, h, j, t, bbb), Rules XVI-XVII, as amended by D.O. 40-03

Labor Code: Arts. 237, 219 (n), 273-275 (b), 292 (f,g,h)
Omnibus Rules, Book V, Rule XIX, XXI, as amended by D.O. 40-03

Cases:
• Union of Filipro Employees v. Nestle Phils., March 3, 2008
• PAL v. PALEA, March 12, 2008
• Fulache v. ABS-CBN, GR No. 183810, January 21, 2010
• San Miguel Foods v. San Miguel Corporation Employees Union, October 5, 2007
• Capitol Medical Center v. Trajano, June 30, 2005
• Standard Chartered Bank Employees Union v. Confesor, June 16, 2004
• General Milling Corporation v. CA, February 11, 2004
• FVC Labor Union-Philippine Transport and General Workers Organization (FVCLU-
PTGWO) v. Sama-Samang Nagkakaisang Manggagawa Sa FVC-Solidarity Of
Independent And General Labor Organizations (SANAMA-FVC-SIGLO), November 27,
2009
• RFM Corporation v. KAMPI-NAFLU-KMU, February 4, 2009
• Employees Union of Bayer v. Bayer Phils., December 6, 2010
• General Milling Corp. Independent Labor Union v. General Milling, June 15, 2011
• Malayan Employees Association v. Malayan Insurance Co., February 2, 2010
• Santuyo v. Remerco Garments, March 22, 2010
• Insular Hotel Employees Union v. Waterfront Insular Hotel, September 22, 2010
• Cirtek Employees Labor Union v. Cirtek Electronics, November 15, 2010
• Eastern Telecoms v. Eastern Telecoms Employees Union, February 8, 2012
• PNCC Skyway Traffic Management & Security Division Workers Organization v. PNCC
Skyway Corp., February 17, 2010
• Supreme Steel v. Nagkakaisang Manggagawa sa Supreme, March 28, 2011
• Wesleyan University v. Wesleyan University Faculty and Staff Association, March 12,
2014
• SONEDCO Workers Free Labor Union v. URC, October 5, 2016

For Reference:
• Halagueña, et al., and other flight attendants of Philippine Airlines v. Philippine
Airlines, October 2, 2009
• PASSI v. Boclot, September 28, 2007

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MODULE 5 55

UNFAIR LABOR PRACTICES

Labor Code: Arts. 258-260, 274

Cases:
• Employees Union of Bayer Phils. v. Bayer Phils., December 6, 2010
• Prince Transport v. Garcia, January 12, 2011
• Manila Mining Employees Corp. v. Manila Mining, September 29, 2010
• Central Azucarera de Bais Employees Union v. Central Azucarera de Bais, Nov. 17, 2010
• BPI Employees Union-Davao v. BPI, July 24, 2013
• Pepsi Cola Products v. Molon et al., February 18, 2013
• Royal Plant Workers Union v. Coca Cola Bottlers, April 15, 2013
• Bankard v. NLRC, March 6, 2013
• Goya v. Goya Employees Union, January 21, 2013
• Mendoza v. Officers of Manila Water Employees Union, January 25, 2016
• CEPALCO v. CEPALCO Employees Labor Union, June 20, 2016

MODULE 6

STRIKES, LOCKOUTS, & CONCERTED ACTIONS

Labor Code: Arts. 219 (o-s), 278-281, 266

Omnibus Rules, Book V, Rule XXII, as amended by D.O. 40-03, and further amended by D.O. 40-
A, D.O. 40-G-03 (2010), and D.O. 40-H-13 (2013)

Cases:
• Bukluran ng Manggagawa sa Clothman Knitting v. CA, January 17, 2005
• Steel Corporation v. SCP Employees Union, April 16, 2008
• Biflex Phils. v. Filflex Industrial & Manufacturing Corp., Dec. 19, 2006
• Bascon & Cole v. CA, February 5, 2004
• Toyota Motor Phils. Corp. Workers Association v. Toyota Motor Phils, Oct. 19, 2007
• NUWHRAIN Dusit Hotel Nikko Chapter v. CA, November 11, 2008
• A. Soriano Aviation v. Employees Association of A. Soriano Aviation, August 14, 2009
• Ramirez v. Polyson Industries, October 19, 2016
• Capitol Medical Center v. NLRC, April 26, 2005
• Trans-Asia Shipping Lines-Unlicensed Crews Employees Union v. CA, July 7, 2004
• Manila Diamond Hotel Employees Union v. CA, Secretary, December 16, 2004
• Philcom Employees Union v. Phil. Global Communications, July 17, 2006
• Nissan Motors v. Secretary, June 21, 2006
• FEU-NRMF v. FEU-NRMFEA-AFW, October 16, 2006
• Pilipino Telephone Corporation v. PILTEA, June 22, 2007
• Club Filipino v. Bautista, July 13, 2009
• Jackbilt Industries v. Jackbilt Employees Union, March 20, 2009

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• Alcantara & Sons v. CA, GR G.R. No. 155109, September 29, 2010
• PHIMCO Industries, Inc. v. PILA, August 11, 2010
• Solidbank Corporation v. Gamier, November 15, 2010
• Escario v. NLRC, September 27, 2010
• Bagong Pagkakaisa ng Manggagawa sa Triumph v. Secretary, July 5, 2010
• Fadriquelan v. Monterey Foods, June 8, 2011
• Magdala Multipurpose & Livelihood v. KMLMS, October 19, 2011
• Automotive Engine Rebuilders v. Progresibong Unyon, July 13, 2011; January 16, 2013
• Naranjo v. Biomedica Heath Care, September 19, 2012
• VCMC v. Yballe, January 15, 2014
• Tabangao Shell Refinery Employees Association v. Pilipinas Shell, April 7, 2014
• University of San Agustin Employees Association v. CA, March 28, 2006
• The Hongkong Shanghai Bangking Corporation Employees Union v. NLRC, January 11,
2016
• PMI Faculty and Employees Union v. PMI Colleges, June 19, 2016
• Guagua National Colleges v. Guagua National Colleges Faculty Labor Union, July 13,
2016

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