Professional Documents
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10. Article 212 (I) of the Labor Code defines a “labor a. applies to instances where there is a change in
dispute” as: the exclusive bargaining agent, with the
provisions of a validly executed CBA cannot be
a. any controversy or matter concerning a conflict avoided by the simple means of changing the
between management and labor, including union bargaining representative.
representation or affiliation. b. applies to substitute the obligations of the
b. any controversy or matter concerning terms or employer to the employee, wherein the
conditions of employment. employer is liable for any and all benefits
c. any controversy or matter concerning conditions granted to an employee who substitutes
of employment or the representation of persons another.
in negotiating, fixing, maintaining, changing or c. applies to instances where there is a change of
arranging the terms and conditions of employer, hence in case or a valid sale of the
employment. business, the existing CBA with the prior
d. any controversy or matter concerning terms or employer is not binding on the buyer.
conditions of employment or the association or d. applies in successes of the union against the
representation of persons in negotiating, fixing, employer, with the liability of the employer
maintaining, changing or arranging the terms accruing to all members of the bargaining unit.
and conditions of employment e. None of the above.
e. None of the above.
16. Successorship doctrine:
11. No specific provision of law prohibit confidential
employees from engaging in union activities, however a. applies to instances where there is a change in
such employees are prohibited from assisting and the exclusive bargaining agent, with the
joining labor organizations. Such principle is supported provisions of a validly executed CBA cannot be
by the following legal principle: avoided by the simple means of changing the
bargaining representative.
a. The Doctrine of Confidential Exclusionary b. applies to substitute the obligations of the
Principle. employer to the employee, wherein the
b. The Doctrine of Necessary Implication. employer is liable for any and all benefits
c. The Doctrine of Exclusionary-Implication granted to an employee who substitutes
Principle. another.
d. All of the above c. applies to instances where there is a change of
e. None of the above employer, hence in case of a valid sale of
business, the existing CBA with the prior
12. Which of the following are factors in determining the employer is not binding on the buyer.
proper bargaining unit: d. applies in successes of the union against the
employer, with the liability of the employer
a. Will of the employees (Globe Doctrine) accruing to all members of the bargaining unit.
b. Religious affiliation e. None of the above.
c. Employment status, such as temporary,
seasonal probationary employees 17. Can a probationary employee vote in certification
d. A and B elections?
e. A and C
a. No, he should first attain the status of a regular
13. A “Labor Organization” as defined under Article 212 employee.
(g) of the Labor Code: b. Yes, because all employees can vote in
certification elections
a. Can file a petition for and participate in c. No, he must first be a member of a union.
certification elections. d. Yes, so long as he has passed at least one
b. Can be declared as exclusive bargaining agent. evaluation.
c. Can never attain the status of exclusive e. It depends; he should become a regular
bargaining agent. employee, until such time his votes are
d. Can never represent its members in dealing with segregated.
the employer.
e. None of the above 18. An “apprenticeable occupation” is defined as:
14. The duty of bargains means: a. any trade, form of employment or occupation
which requires training on the job supplemented
a. Mutual bargaining by related theoretical instruction.
b. any trade, form of employment or occupation d. No, the employer is reasonably expected to
which requires more than one month but less exercise his instincts for self-preservation.
than two months of practical training on the job e. Both B and D.
supplemented by related theoretical instruction.
c. any trade, form of employment or occupation
which requires more than two months but less
than three months of practical training on the 23. Statement No. 1 – “A company that exercises its
job supplemented by related theoretical prerogative to dismiss is not allowed to turn around
instruction. and deny employer-employee relationship.”
d. any trade, form of employment or
occupation which requires more than three Statement No. 2 – “Alleging abandonment indicates
months of practical training on the job employer-employee relationships.”
supplemented by related theoretical
instruction. a. Both statements are true
e. None of the above. b. Both statements are false
c. Only statement No. 1 is true
19. The Labor Code is applicable to: d. Only statement No. 2 is true
e. It depends
a. Agricultural workers
b. Employees of labor organizations 24. Statement No. 1 – It is employers’ duty to inform the
c. Employees of non-stock, non-profit probationary employee reasonable work standards.
organizations
d. All of the above Statement No. 2 – The employer may terminate the
e. None of the above. services of a probationary employee without valid
cause as long as such termination be done within the
20. In the absence of a certified or duly recognized six months trial period.
bargaining representative, any legitimate labor
organization may declare a strike. a. Both statements are true
b. Both statements are false
a. True, the right to strike is a basic human right. c. Only statement No. 1 is true
b. False, only an executive bargaining agent can d. Only statement No. 2 is true
declare a strike. e. It depends
c. True, but only in cases of ULP
d. False, but only in cases of bargaining deadlocks. 25. Statement No. 1 – It does not necessarily follow that
e. Both B and D where the duties of the employee consist of activities
usually necessary or desirable in the usual business of
21. Can an employer dismiss a sickly employee on the the employer, the parties are forbidden from agreeing
ground that the same constitutes analogous causes on a period of time for the performance of such
under Article 282 of the Labor Code? activities.
a. Yes, the imposition of any condition in order to Statement No. 2 – It is a badge of labor–only
accept striking workers back is violative of their contracting when there is a correlation between the
right to self organization nature of work of employees to the usual business or
b. No, the employer has legitimate concerns for the trade of the employer or principal.
safety of his property and other employees.
c. Yes, to require such a condition would be to a. Both statements are true
discriminate against employees who joined the b. Both statements are false
strike. c. Only statement No. 1 is true
d. Only statement No. 2 is true 32. Statement No. 1 – A labor only contractor shall be
e. It depends treated as an agent of the direct employer and the
latter shall be responsible for such worker as if he
27. Statement No. 1 – Labor laws particularly those directly employed the workers.
granting rights and benefits are not mandatory and can
be withdrawn or can be waived by agreement of the Statement No. 2 – In statement No. 1, therefore, the
management and the union in a contract or trough CBA workers can unionize and if necessary can sue the
provisions. direct employer for back benefits.
29. Statement No. 1 – Aliens cannot work without permit 34. Statement No. 1 – Person worked less than one (1)
from DOLE. month in a calendar year is entitled to pro-rate of 13 th
month pay.
Statement No. 2 – Alien who works here with permit
can be pirated by another company provided that there Statement No. 2 – If Christmas bonus is less than the
is DOLE approval. required 13th month pay, employer should pay the
difference.
a. Both statements are true
b. Both statements are false a. Both statements are true
c. Only statement No. 1 is true b. Both statements are false
d. Only statement No. 2 is true c. Only statement No. 1 is true
e. It depends d. Only statement No. 2 is true
e. It depends
30. Statement No. 1 – The right to self-organization
necessarily includes the right to collective bargaining. 35. It is a method of resolving disputes over collective
interests of labor vis-à-vis those of capital arrived at
Statement No. 2 – Duty to bargain does not mean duty through negotiation.
to agree.
a. Mediation
a. Both statements are true b. Arbitration
b. Both statements are false c. Conciliation
c. Only statement No. 1 is true d. Collective bargaining
d. Only statement No. 2 is true e. None of the above.
e. It depends
36. Example of Union security clause that immediate
31. It is defined as going through the motion of membership is required if you want to remain
negotiating without any legal intent to reach an employed.
agreement.
a. Union shop
a. Hard Bargaining b. Maintenance of membership
b. Unwillingness to bargain in good faith c. Closed shop
c. Surface bargaining d. Agency shop
d. Blue-sky bargaining e. None of the above
e. None of the above
37. During the freedom period of the CBA, which of the 43. This refers to legislation intended to benefit all
following can be done? persons not only workers. It provides benefits in case
of contingencies or for other needs in order that we
a. Make proposal for a new CBA may have decent and adequate living.
b. File a petition for Certification election
c. Resign/disaffiliate from a union a. Labor Standards Law
d. Request for financial statement from b. Social legislation
management c. Administrative Legislation
e. All of the above d. Welfare Legislation
e. B and D
38. There shall be no certification election conducted
within one year from a final certification election 44. Some of the benefits from the Social Security Act are
results. What is this BAR rule?
a. Retirement
a. Deadlock BAR rule b. Disability
b. Contract BAR rule
c. Survivorship
c. Certification Year rule d. Death
d. Prejudicial question
e. B and D
e. None of the above
45. The prescriptive period for claims of benefits from
39. The Med Arbiter in a certification election will resort GSIS from the date of the contingency is:
to this kind of election if there is a valid election which
is being contested by three (3) or more choices of a. Three (3) years
union but no choice received a majority of the valid
b. Two (2) years
votes cast and the total number of votes for all union is c. Four (4) years
at least 50% of the valid votes cast.
d. Five (5) years
e. Ten (10) years
a. Re-run election 46. Any person in the employ of an employer including
b. Run-off election (second election)
those individual whose work class as a result of a labor
c. Consent election or industrial dispute is a:
d. Certification election
e. None of the above a. Project employee
b. Independent contractor
40. These are acts done by a group of employees with c. Employee
the end of pressing a demand, whether or not related
d. Casual worker
to a dispute is: e. None of the above
a. Concerted actions 47. He is a contractor who carries on an independent
b. Wild strike
business and undertakes contract work on his own
c. Protest account, under his own responsibility according to his
d. Picket
own manner and method free from control and
e. None of the above. discretion of the principal except as to result and
having a substantial capital to carry on his business:
41. It is a temporary stoppage of work by concerted
action of employees as the result of a labor or
a. Labor contractor
industrial dispute: b. Job contractor
c. Project employees
a. Work slowdown d. Employer
b. Wild strike
e. None of the above
c. Strike
d. Protest
48. Compose of those whose primary duty consists of
e. None of the above management of establishment in which they are
employed or of a department or subdivision thereof:
42. It shall be exercised when in the opinion of the
secretary of labor there is a labor dispute causing or
a. Supervisory employees
likely to cause a strike or lockout in an industry b. Department heads
indispensable to national interest is:
c. Board of directors
d. Managerial employees
a. Certify to compulsory arbitration
e. None of the above
b. Assumption or jurisdiction
c. Mediation of conciliation of NCMB
49. They perform services in employer’s home which are
d. Endorse to voluntary arbitration usually necessary or desirable for maintenance and
e. None of the above
employment thereof or minister to the personal
comfort, convenience, or safety of employer as well as d. The employee does not want to be reinstated
members of his household are: e. All of the above
a. Domestics/servants/house helpers 56. Article 263 (g) of the Labor Code finds application in:
b. Regular employees
c. Confidential employees a. cases where the industry is indispensable to
d. Managerial staff national interest.
e. None of the above b. in instances of lock-out by management.
c. in instances of strikes
50. The following are allowed by law to be deducted from d. A and C only
his wages, except: e. All of the above
a. Insurance premium with his consent 57. The doctrine of res judicata is inapplicable to petitions
b. Taxes for certification elections as:
c. Check-off, where authorized
d. SSS, Pag-ibig a. The substitionary doctrine
e. Contribution for death of co-workers approved b. The successorship doctrine
by union officers c. Certification elections are the sole prerogative of
the employees.
51. It is that power to inspect and investigate the d. Certification of elections is not adversarial.
employer’s premises and records to determine violation e. None of the above
of law for any other matter to aid in enforcement of the
code or labor laws is: 58. The principle of social justice:
a. Rule 45 to the Court of Appeals 59. Which of the following principles limit the exercise of
b. Rule 45 to the Supreme Court management prerogatives?
c. Rule 65 to the Court of Appeals
d. Rule 65 to the Supreme Court a. A fair day’s wage for a fair day’s labor.
e. None of the above b. A penalty commensurate to the offense.
c. A CBA is the law between the parties.
53. Findings of fact of the lower courts are conclusive, d. All of the above
except in the following instances when: e. None of the above
a. The inference made is manifestly mistaken, 60. A corporate officer is jointly and severally liable with
absurd, or impossible. the corporation for illegal dismissals if:
b. The judgment is based on a misapprehension of
facts. a. He is the person ultimately responsible for the
c. The findings of fact are conflicting. termination.
d. The findings are contrary to those of the trial b. He acts within the scope of his authority.
court. c. He is not in good faith.
e. All of the above d. A and B
e. A and C
54. Article 280 of the Labor Code provides the legal
bases for the following employees: 61. The prescriptive period for reinstatement that
involves injury to the worker’s right under Art. 1146 of
a. Confidential employees the Civil Code is:
b. Probationary employees
c. Term employees a. 10 years
d. All of the above b. 4 years
e. None of the above c. 3 years
d. 1 year
55. Reinstatement, as a relief in illegal dismissal cases, e. None of the above
cannot be granted in the following instances when:
62. The components of retirement pay are:
a. The doctrine of stained relations applies
b. The position of the employee had been abolished a. ½ month salary
c. The company has ceased to operate
b. cash equivalent of (5) days service incentive d. There must be compliance of the 24-hour prior
leave notice rule.
c. 1/12 of 13th month pay e. All of the above.
d. all of the above
e. None of the above 70. The following strikers are illegal:
65. Three days after the 6-month probationary period, an 72. What is the machinery in determining the eligibility
employee was dismissed. The employee is a: list of voters in certification election?
66. The award of full back wages in illegal dismissal shall 73. Certification election is legally known as:
be reckoned from:
a. best forum rule
a. March 16, 1989 b. by-stander rule
b. March 21, 1989 c. sole-concern rule
c. March 21, 1999 d. all of the above
d. None of the above e. none of the above
67. Strikers are not entitled to back wages, the 74. The following employees can join a labor union:
exceptions are:
a. managerial employees
a. They were discriminately dismissed b. members-employees of cooperatives
b. They were illegally locked-out c. confidential employees entrusted with
c. They unconditionally offered to return to work confidential information not related to labor
but it was refused by the employer relations matters
d. All of the above d. all of the above
e. None of the above e. None of the above
68. In illegal strike, the officers of the union are liable for 75. It is settled that in ULP, there must exist employer-
dismissal on the ground of: employee relationship. What are the exceptions?
69. To stage a strike, the following are the legal 76. Among the union security clauses, which should not
requirements: be agreed upon by the parties as it is already provided by
law?
a. There must be collective bargaining.
b. There must be notice of strike. a. closed-shop
c. There must be compliance of the 7-day strike b. union-shop
ban rule. c. agency shop
91. Despite compliance of the 25% subscription d. The claim will prosper because it is
requirement in certification election, the same cannot be imprescriptible
conducted under the following: e. None of the above
ANSWER KEY
1. C
2. D
3. A
4. B
5. A
6. E
7. D
8. D
9. B
10. D
11. B
12. A
13. E
14. D
15. A
16. C
17. B
18. D
19. D
20. E
21. D
22. E
23. A
24. C
25. D
26. D
27. D
28. C
29. A
30. A
31. C
32. A
33. D
34. A
35. E
36. C
37. B
38. C
39. B
40. D
41. C
42. B
43. E
44. E
45. C
46. C
47. B
48. D
49. A
50. E
51. D
52. C
53. E
54. D
55. E
56. A
57. D
58. E
59. D
60. E
61. B
62. D
63. E
64. E
65. A
66. B
67. D
68. B
69. E
70. E
71. E
72. C
73. D
74. C
75. E
76. C
77. B
78. B
79. C
80. A
81. C
82. C
83. D
84. B
85. D
86. D
87. D
88. C
89. D
90. B
91. E
92. D
93. C
94. E
95. B
96. D
97. D
98. A
99. C
100. A