Joel T Eluna July 30, 2020

LABOR LAW II Final Examination

1.
a. Yes, the taxi drivers are employee of Kent taxi Inc. Giving the fact that the Kent
Taxi Inc. control the daily “taripa” or boundary is enough proof that there is
employer-employee relationship present between the Kent taxi operator and kent
Taxi drivers.
b. Yes, TAXICO is engaged in a strike. The act of the TAXICO members for not
driving their units instead picketed the compound of the employer bringing
placards shows that they are on strike for allowing their employee raise their daily
boundary.
c. Yes, the strike made by TAXICO is lawful. They are called economic strikers
which aim to have a fair and equal economic concession with the Kent Taxi
Operator. Employees shall have the right to engage in other concerted activities
for the purpose of collective bargaining or other mutual aid or protection from
their employer.
2. Yes, the petition will prosper. The sole purpose of the labor unions is to give workers
the power to negotiate for more favorable working conditions and other benefits through
collective bargaining. In this instant case, the condition provided was even lower to the
standard set by the labor standards. Therefore, their petition to cancel the registration of
the PBU will prosper.

3.
a. Managerial employee - means an employee whose contract of employment
requires or permits him or her to hire, transfer, promote, suspend, lay off,
dismiss, reward, discipline or adjudge the grievances of other employees, or to
make direct recommendations on these matters to the employer while;
b. Supervisor - Person in the first-line management who monitors and regulates
employees in their performance of assigned or delegated tasks.

4. Yes, the petition will prosper. Though the right employees to self-organization is
embodied in the 1987 Philippine Constitution. Furthermore, it is the policy of the
Philippines to promote the free and responsible exercise of the right to self-organization.
Managerial employees and confidential employees are not eligible to form, join or assist
labor unions as their duties normally require access to confidential information that
contributes significantly to the development of management positions on collective
bargaining.

5. The course of action that Francisco must do is to file a charge of unfair labor practice
(ULP) against the Union Officer who approached him. It is unlawful to coerce or induce
a person to join a union against his/her will.
6.
a. Collective Bargaining Unit – means any labor organization which exists in whole
or in part for the purpose of collective bargaining or of dealing with employers
concerning terms and conditions of employment.
 For Administration and Finance – out of 25 employees, they only need 3
or 10% of the total employees to form a Union or CBU they want to
represent.
 For Production Division – out of 250 employees, they only need 25 or 10%
of the total employees to form a Union or CBU they want to represent.
 For Marketing Division – out of 175 employees, they only need 18 or 10%
of the total employees to form a Union or CBU they want to represent.
b. In order for the employee to successfully form OBRA union, they need to recruit
25 members.
c. In order for the OBRA union to become a Certified Bargaining Agent, they need
to recruit 50 members.
d. As a general rule that a vote 50%+1 or the majority must be observe in order to
favor strike, in this instant case were in only 70 members are present it should be
35+1 or 36 members must vote in favor of the strike to make it valid.
7.
a. Contract Bar Rule - refers to the rule that once a contract is executed, no
representation elections are permitted in the unit covered in the agreement until it
expires. The time limit is up to a three-year span.
b. Certification Year Rule - is a process of determining through secret ballot the sole
and exclusive bargaining agent (SEBA) of all the employees in an appropriate
bargaining unit for the purpose of collective bargaining.
c.
8. The OBRA Union can commence their strike on October 21, 2015. The notice of
strike is due to ULP which has a 15 days cooling period and during this period the
NCMB must exert all efforts to effect voluntary settlement. The union must also observe
7 day mandatory strike ban form the time of the submission of the strike vote result to
give NCMB time to effect settlement. In this instant case the strike vote result was
submitted to DOLE on October 13, 2015.By observing the 7 days strike ban from the
time of the submission of the strike vote, the OBRA union can validly commence their
strike on the 21st of October 2015 after the 7 days strike ban has expire.

9. Probationary employment shall not exceed six (6) months from the date the
employee started working, unless it is covered by an apprenticeship agreement
stipulating a longer period. Wilbert is now a regular employee as he already exceed the
6 months probationary period required by law by signing another 5 months contract with
his employer.

10. Yes, her dismissal was legal. Josie is committing serious misconduct for
intentionally misrepresented a failing student as her niece and pressured her colleague
Melany to change the failing grade to passing grade.
11. No. Rolando’s dismissal is not valid. The only valid ground for dismissal of an
employee is enumerated below:
a) serious misconduct;
b) willful disobedience;
c) gross and habitual neglect of duty;
d) fraud or breach of trust;
e) commission of a crime or offense against the employer, his family or
representative;
f) other similar causes.

The other grounds are authorized causes:

a) installation of labor-saving devices;
b) redundancy;
c) retrenchment to prevent losses;
d) closure and cessation of business; and
e) disease / illness.
In this instant case, none of the ground for dismissal is present. Rolando also did not
show in subordination or willful disobedience as he followed the instruction of his
employer but failed to bring the 5 call girls as he is not familiar with such activities.
Therefore Rolando’s dismissal is unconstitutional.

12. The following are the authorized cause of termination.

a) serious misconduct;
b) willful disobedience;
c) gross and habitual neglect of duty;
d) fraud or breach of trust;
e) commission of a crime or offense against the employer, his family or
representative;
f) other similar causes.

The other grounds are authorized causes:

a) installation of labor-saving devices;
b) redundancy;
c) retrenchment to prevent losses;
d) closure and cessation of business; and
e) disease / illness.

13. In a termination for just cause, due process involves the two-notice rule:
a. A notice of intent to dismiss specifying the ground for termination, and giving said
employee reasonable opportunity within which to explain his or her side;
b. A notice of dismissal indicating that upon due consideration of all the
circumstances, grounds have been established to justify termination.
14.
a. Project Employment is defined when an employee is hired for a specific project 
or undertaking and the employment duration is specified by the scope of work
and/or length of the project.
b. Casual employment refers to a situation in which an employee is only guaranteed
work when it is needed, and there is no expectation that there will be more work
in the future. During periods when the employee is not working for the employer,
the two parties have no active relationship, and neither one has any obligation
toward the other. That means that a worker with casual employment would not
be allowed to file a personal grievance toward the employer regarding unjustified
dismissal during a time when the casual employee is not working. Casual
employees are only compensated for time actually worked, which means they
would not receive paid time off for holidays.
c. Seasonal Employees are employees hired into a position for a short term. They
are mostly part-time or temporary workers that help out with increased work
demands or seasonal work that arise in different industries.

15. In cases of termination for just causes but the employer failed to observe due
process, the employee is entitled to payment of indemnity or nominal damages (Agabon
vs. NLRC, 442 SCRA 573).