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2020 AUGUST

Double Majority rule (certification election)

1. Valid election – majority of eligible voters shall have validly cast their votes (First
Majority rule).
2. Winning Union – the winner who obtained majority of the valid votes casts shall be
declared as the bargaining agent in the bargaining unit (Second Majority rule).

2 kinds of majorities in Double Majority Rule?

The process of certification election requires two (2) kinds of majority votes, viz.:
1. Number of votes required for the validity of the process of certification election itself. In
order to have a valid certification election, at least a majority of all eligible voters in the
appropriate bargaining unit must have cast their votes.
2. Number of votes required to be certified as the collective bargaining agent. To be
certified as the sole and exclusive bargaining agent, the union should obtain a majority
of the valid votes cast.

Can the employer voluntarily recognize a union as SEBA?

NO. Voluntary Recognition is already repealed and replaces by a new provision entitled
Request for Sole and Exclusion Bargaining Agent Certification. The Department Order provides
that a legitimate labor organization can request to be the SEBA provided that it has duly
complied with the requirements set forth by the law, and only if the establishment is
unorganized. The Department Order also provides that the employer shall not be considered a
party thereto but its participation shall be limited to being notified of the petition and submitting
list of employees during the pre-election conference.

Employer can withdraw “voluntary recognition”

What militates against the mode of “voluntary recognition” is the right of the employer to
withdraw it for certain justifications such as when it has evidence that the recognized union has
lost its majority status. Although such withdrawal, as a general rule, cannot be done in view of
what is know in the United States as the Recognition Bar doctrine, however, unlike US, we do
not have recognition bar.

What is the rationale of the 25% written consent requirement of PCE? Is it absolute?
The reason behind the 25% requirement is to ensure that the petitioning union has a
substantial interest in the representation proceedings and that a considerable number of
workers desire their representation by the said petitioning union for collective bargaining
purposes. Hence, it becomes mandatory for the Med Arbiter to order the holding of the

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certification election upon showing that 25% of the workers in the bargaining unit signify their
support to the PCE.
The 25% requirement need not be established with absolute certainty. Prima facie
showing of compliance would suffice (Atlas Free Workers Union v Hon. Noriel) because CE is
the most effective and expeditious means of determining which labor organization can truly
represent the working force in the BU.

What is the remedy of an employer in case of mixed membership in the union?

The inclusion as union members of employees outsie the bargaining unit shall not be a
ground for the cancellation of the registration of the union. Said employees are automatically
deemed removed from the list of membership of said union. (Article 256)
Commingling of union members is not a ground for the cancellation of the registration of
the union. Hence, there is no remed.

What rule in labor justifies the equation 30+30=50?

Work performed on any special holiday shall be paid an additional compensation of at
least 30% of the regular wage of the employee. Where such holiday work falls on the
employees scheduled rest day, he shall be entitled to an additional compensation of at least
50% of his regular wage.

What is the principle of subsumation?

When the Secretary of Labor and Employment has assumed jurisdiction over a strike or
lock out or certified the same to the Commission, the parties to such dispute shall immediately
inform the Secretary of Commission, as the case may be, of all cases directly related to the
dispute between them pending before any Regional Arbitration Branch, and the Labor Arbiters
handling the same of such assumption or certification. The Labor Arbiter concerned shall
forward within 2 days from notice the entire records of the case to the Commission or the
Secretary of Labor, as the case maybe, for proper disposition.

What principle of labor is applicable when Milwaukee Bucks refused to take the court for
Game 5 of their NBA playoff series against the Orlando Magic? What legal remedy, if any,
is available for the management?
What the Milwaukee bucks engaged in was tantamount to work stoppage in the guise of
a protest rally. Article 212(o) of the Labor Code defines a strike as a temporary stoppage of
work by the concerted action of employees as a result of an industrial or labor dispute.
Wild cat strike on declared and staged without filing the required notice of strike and
without the majority approval of the recognized bargaining agent.

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What is controlling is the substance of the situation, and not its appearance. The term
strike encompasses not only concerted work stoppages, but also slowdowns, mass leaves, sit-
downs, attempts to damage, destroy or sabotage plant equipment and facilities, and similar
activities.
The legal requirements of a valid strike are as follows:
(1) No labor union may strike on grounds involving inter-union and intra-union disputes.
(2) In cases of bargaining deadlocks, the duly certified or recognized bargaining agent may file a
notice of strike with the Department of Labor and Employment at least 30 days before the
intended date thereof. In cases of unfair labor practice, the period of notice shall be 15 days and
in the absence of a duly certified or recognized bargaining agent, the notice of strike may be
filed by any legitimate labor organization in behalf of its members. However, in case of dismissal
from employment of union officers duly elected in accordance with the union constitution and
by-laws, which may constitute union busting where the existence of the union is threatened, the
15-day cooling-off period shall not apply and the union may take action immediately.
(3) A decision o declare a strike must be approved by a majority of the total union membership
in the bargaining unit concerned, obtained by secret ballot in meetings or referenda called for
that purpose.
(4) In every case, the union shall furnish the department of labor and Employment the voting at
least seven days before the intended strike subject to the cooling-off period herein provided.
(5) No labor organization shall declare a strike without first having bargained collectively; without
first having filed the notice required or without the necessary strike vote first having been
obtained and reported to the department of labor and Employment.
(6) No strike shall be declared after assumption of jurisdiction by the president or the secretary
or after certification or submission of the dispute o compulsory or voluntary arbitration or during
the pendency of cases involving the same grounds for the strike.
(7) In a strike no person engaged in picketing should commit any act of violence, coercion or
intimidation or obstruct the free ingress to or egress from the employer‘s premises for lawful
purpose, or obstruct public thoroughfares.
The legal remedy for such action shall be conciliation-mediation between the Bucks and
the NBA management
(daming sagot ditto guys pero ito yung sabi ni sir na ginalingan, lol)

Guilfeliko Banasan doctrine XD

Dismissal should only be a last resort, a penalty to be meted only after all the relevant
circumstances have been appreciated and evaluated with the goal of ensuring that the ground
for dismissal was not only serious but true. The cause of termination, to be lawful, must be a
serious and grave malfeasance to justify the deprivation of a means of livelihood. The
requirement is in keeping with the spirit of our Constitution and laws to lean over backwards in

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favor of the working class, and with the mandate that every doubt must be resolved in their
favor.
Although the court recognize the inherit right of the employer to discipline its employees,
the court should still ensure that the employer exercises the prerogative to discipline humanely
and considerately, and that the sanction imposed is commensurate to the offense involved and
to the degree of the infraction. The discipline exacted by the employer should further consider
the employee’s length of service and the number of infractions during his employment. The
employer should never forget that always at stake in disciplining its employee are not only his
position but also his livelihood, and that he may also have a family entirely dependent on his
earnings.

Article 85 – Meal Periods

Subject to such regulations as the Secretary of Labor may prescribe, it shall be the duty of every
employer to give his employees not less than 60 minutes time-off for their regular meals.
If meal time is shortened to not less than 20 minutes – compensable hours worked.
If shortened to less than 20 minutes- it is considered coffee break or rest period of short
duration and therefore compensable.

Run-Off Election
"Run-Off election" -refers to an election between the labor unions receiving the two (2) higher
number of voters when a certification election which provides for three (3) or more choices
results in no choice receiving a majority of the valid votes cast, where the total number of votes
for all contending unions is at least fifty percent (50%) of the number of votes cast.

Hobson’s choice
Hobson’s choice means no choice at all; a choice between accepting what is offered or
having nothing at all. It refers to the practice of Tobias Hobson, an English stable-owner in the
17th century, of offering only the horse nearest the stable door.
This principle was applied in the 2004 case of Asufrin, Jr vs San Miguel Corporation (GR
NO 156658, March 10, 2004), where the employees, even if given the option to retire, be
retrenched or dismissed, were made to understand that they had no choice but to leave the
company. More bluntly stated, they were forced to swallow the bitter pill of dismissal but
afforded a chance to sweeten their separation from employment. They either had to voluntarily
retire, be retrenched without receiving any benefits at all. All that the employees were offered
was a choice on the means or method of terminating their services but never as to the status of
their employment. In short, they were never asked if they wanted to work for the petitioner-
company.

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