Section A

1. Is the disclosure by the employer to the employees of what transpired during the CBA negotiations
considered illegal?

a. No. As a general rule, it is for the employer to so inform its employees of what transpired in the
bargaining table.
b. No. The disclosure by the employer to the employees of what transpired during the CBA negotiations
is not illegal but to encourage the democratic method of regulating the relations between the employer
and the employees.
c. Yes. The employees should make a request before the employer could disclose any information
regarding the CBA negotiations.
d. Yes. It is prohibited by law.

Rationale: As far as disclosure of information by the employer to its employees is concerned, is not illegal,
as a general rule, for the employer to so inform its employees of what transpired in the bargaining table.
There is no law or jurisprudence that prohibits an employer from communicating with its employees while
the CBA negotiations are on-going. It only becomes suspect if the purpose is to coerce the employees into
unduly agreeing to its proposals and the communication has obviously been designed to undermine and
denigrate the union. Source: Page 820

2. The following statements are true, EXCEPT:

a. The adamant insistence on a bargaining position to the point where the negotiations reach an impasse
does not establish bad faith.

b. The minutes of the CBA negotiation meetings form part of the CBA.

c. A proposal not embodied in the CBA is not part thereof.

d. Promises made by management during the CBA negotiations may not be considered an indication of
bad faith or a scheme of feigning to undertake the negotiation proceedings through empty promises.

Rationale: The minutes reflect the proceedings and discussions undertaken in the process of bargaining in
the same way that the minutes of court proceedings show what transpired therein. At the negotiations, it is
but natural for both management and labor to adopt positions or make demands and offer proposals and
counter-proposals. However, nothing is considered final until the parties have reached an agreement In
fact, one of management's usual negotiation strategies is to "agree tentatively as one goes along with the
understanding that nothing is binding until the entire agreement is reached. " Source: page 821

3. As long as the parties have reached an agreement on the issue/s raised during the CBA negotiations,
an agreement is deemed to have been concluded. The employer, therefore, can insist that the union is
bound to comply with the terms of the CBA despite it still being drafted because it already contains all the
items already agreed upon during the conciliation conference before the NCMB.

a. True. Since the parties have already reached an agreement regarding the issues raised during the CBA
negotiations, it is deemed that an agreement has been concluded by the parties and as such, the terms of
the CBA become enforceable despite it still being drafted. The employer can now bound the union to the
terms of the CBA.
b. False. For as long as there is no meeting of the minds between the employer and union, there
can be no CBA that may be said to have been concluded. The employer cannot insist that the union
comply with the terms of the CBA still being drafted. Although it is true that the parties may have
reached an agreement on the issues raised, still no agreement has been concluded.

c. None of the above.

Rationale: NO MEETING OF MINDS, NO CBA TO SPEAK OF. For as long as there is no meeting of
minds, between the employer and the union, there can be no CBA that may be said to have been concluded.
The employer, therefore, cannot insist that the union is bound to comply with the terms of the CBA which
is still being drafted, even if it is alleged that it already contains all the items already agreed upon during
the conciliation conference before the NCMB. Although it is true that the parties may have reached an
agreement on the issues raised during the CBA negotiations, still no agreement has been concluded by
them. Page: 822

4. In the absence of any other information, the plain and natural assumption is that the employer would
resume operations after __________.

a. Thirty (30) calendar days

b. Three (3) months
c. Six (6) months
d. One (1) year

Rationale: In the absence of any other information, the plain and natural assumption is that the employer
would resume operations after six (6) months and therefore, it follows that a new CBA will be needed to
govern the employment relations of the parties, the old one having already expired. Source: Pp. 823

5. The following statements describe the negotiation process during the collective bargaining. Which one
does not?

I. It involves the process of meeting, not later than twenty (20) calendar days from the request for
conference.

II. Negotiation may be conducted with the intervention of the government through the Conciliator-Mediators
of the NCMB in case of any unsettled dispute.

III. The end view of the negotiation process is to conclude an agreement on the terms and conditions of the
employment relationship.

IV. The purpose of the negotiation is to discuss and adjust their similarities, if any.

a. Statement I only.
b. Statement I and II only.
c. Statement II and III only.
d. Statement I and IV only.

Rationale: The negotiation involves the process of meeting, not later than ten (10) calendar days from the
request of conference, for the purpose of discussing and adjusting their differences, if any, with the end
view of concluding an agreement on the terms and conditions of their employment relationship. Negotiation
may be done with the intervention of the government through the Conciliator-Mediators of the NCMB, in
case of any dispute arising therefrom. Source: Page 824
6. Which of the following statements is not correct?

a. The stipulation in a CBA may be classified into two, namely: 1) Non-economic or political; and 2)
Economic or non-political
b. There is no law, rule or regulation which directs the manner of crafting the CBA or determines how the
agreements and stipulations of the parties should be presented
c. The only requirement in crafting a CBA is that it must be made orally
d. However a CBA is crafted, the significant point to consider is that it reflects the intention and will of the
parties in respect to the terms and conditions governing their relationship

Rationale: There is no law, rule or regulation which directs the manner of crafting the CBA or determines
how the agreements and stipulations of the parties should be presented. The only requirement in crafting
a CBA is that it must be in writing for purposes of clear documentation and reference. However a CBA is
crafted, the significant point to consider is that it reflects the intention and will of the parties in respect to the
terms and conditions governing their relationship. Page source: 825

7. This part is the very heart of the CBA.

a. Economic and fringe benefits

b. Union security clause
c. Grievance machinery
d. Voluntary arbitration

Rationale: The economic benefits that may be negotiated and mutually agreed upon by the parties vary
from CBA to CBA but the same usually cover wages, hours of work, overtime and night-shift differential
premiums, holiday pay, paid leaves such as vacation and sick leaves, paternity and maternity leaves,
parental leave, emergency leave, bereavement leave, special leave benefits, emergency leave, medical,
dental and hospitalization benefits, insurance, retirement, etc. It must be stressed that the minimum benefits
prescribed and mandated by law such as the minimum wages, are not allowed to be reduced by the parties
through negotiations. This holds even if the employees have given consent to such relation. (p.826)

8. The duration and effectivity of the CBA as to the issue of representation shall be for a term of five years
and the renegotiation of all other provisions of the CBA not later than _____ years after its execution.

a. Three
b. Ten
c. Five
d. seven

Rationale: Duration and effectivity of agreement - This stipulation sets forth the date when the CBA will take
effect and when it will expire. Usually, a restatement of Article 265 (253-A) of the Labor Code is made
regarding the issue of representation which shall be for a term of five (5) years and the renegotiation of all
other provisions of the CBA not later than three (3) years after its execution. Source: Page 827

9. The following statements are true regarding Mandatory Subjects of the CBA, except one:

a. Mandatory Subjects of the CBA are those that the parties are compulsorily required to bargain if either
party has made a proposal thereon.
b. The parties need to arrive at an agreement through negotiations for the reason that it is
mandatory.

c. Considered mandatory are proposals concerning the terms and conditions of employment.

d. Neither the employer nor the SEBA can refuse to bargain over mandatory subjects of bargaining.

Rationale: It bears emphasizing that despite their being mandatory, the parties NEED NOT arrive at an
agreement thereon through negotiations alone; what is simply required is that they should bargain in good
faith on the proposals although a deadlock may ultimately result therefrom. And if the deadlock remains
unsolved, the parties may resort to such concerted activities such as strike, on the part of the SEBA, or
lock-out, on the part of the employer. Source: Page 828

10. Which of the statements is not true about permissive or voluntary subjects of bargaining?

a. Subjects are not related to wages, hours of work and other terms and conditions of employment
b. Mandatory
c. Any of the parties can refuse to negotiate without legal complication charged by ULP
d. Not directly related to the work being performed by the employees in bargaining unit

Rationale: Permissive or voluntary subjects of bargaining are those that are non-mandatory in the sense
that they are not directly related to the work being performed by the employees in the bargaining unit.
Source: 829

11. Illegal or prohibited subjects are those that cannot be made subject of the collective bargaining
negotiations because doing so would run afoul of the law. Examples of illegal subjects are the following
EXCEPT:

a. those that provide for benefits that are less than the minimum standards set by law.
b. discriminationagainst certain employees based on sex, sexual preference and orientation, race, marital
status, disability, age, and religion.
c. issues beyond the scope of the appropriate bargaining unit.
d. SEBA's insistence on bargaining for a unit larger than is covered by its certification.

Rationale: Illegal or prohibited subjects being violative of the law, the parties are prohibited not only to
negotiate them but to actually stipulate and incorporate them into a CBA, this notwithstanding their mutual
agreement to so make them part of the CBA. And if they are stipulated in a CBA, they are void and
unenforceable. Examples of illegal subjects are those that provide for benefits that are less than the
minimum standards set by law; discrimination against certain employees based on sex, sexual preference
and orientation, race, marital status, disability, age, and religion; issues beyond the scope of the appropriate
bargaining unit; yellow dog conditions; and other acts considered as ULPs under the law. Source:
Page 830

12. The ratification of the Collective Bargaining Agreement (CBA) should be made by the:

a. Majority of the members of the SEBA

b. Majority of the employees who are members of the bargaining unit represented by the SEBA in
the negotiations
c. Majority of the employees who are members of the CBA
d. All of the employees who are members of the bargaining unit represented by the SEBA in the
negotiations

Rationale: The ratification of the CBA should be made not by the majority of the members of the SEBA but
by the majority of the employees who are members of the bargaining unit represented by the SEBA in the
negotiations. In Alu v. Ferrer-Calleja, the Supreme Court, in declaring the CBA ineffective, affirmed the
validity of the BLR Director's finding that 181 of the 281 workers who ratified the CBA have strongly and
vehemently denied and or repudiated the alleged negotiation and ratification of the CBA. Page 831

13. The majority ratification requirement applies to a CBA or any part thereof when:

a. It has been concluded through mutual negotiation

b. It is the result of an arbitral award submitted to compulsory arbitration
c. It is a combination of mutual negotiation and arbitral award
d. All of the above

Rationale: Majority ratification shall only pertain to a CBA or any part thereof that has been concluded
through mutual negotiation. This rule does not apply where the CBA or any part thereof is the result of an
arbitral award, or a combination of mutual negotiation and arbitral award, in which case the majority
ratification requirement shall only apply to the former but not to the latter.

Source: Page 832

14. This doctrine holds that the employees cannot revoke the validly executed collective bargaining contract
with their employer by the simple expedient of changing their bargaining agent. The new agent must respect
the said contract but it may bargain with the management for the shortening of the life of the contract, if it
considers it too long, or refuse to renew the contract.

a. Doctrine of Necessary Implication

b. Substitutionary Doctrine
c. Totality of Conduct Doctrine
d. Globe Doctrine

Rationale: Based on Philippine jurisprudence, the substitutionary doctrine was conceived during the time
when the law has not fixed the lifetime of the CBA as now provided in Article 265 [253-A] of the Labor Code.
If a bargaining agent other than the union or organization that executed the contract is elected, said new
agent would have to respect said contract, but that it may bargain with the management for the shortening
of the life of the contract, if it considers it too long, or refuse to renew the contract pursuant to an automatic
renewal clause. Source: Page 833

15. Which of the following statements is false?

a. The "substitutionary" doctrine only provides that the employees cannot revoke the validly executed
collective bargaining contract with their employer by the simple expedient of changing their bargaining
agent.
b. The majority of the employees, as an entity under the statute, is the true interest to the contract, holding
rights through the agency of the union representative.
c. The employees, through their new bargaining agent, cannot renege on their collective bargaining
contract.
d. All statements are true.
Rationale: In Benguet Consolidated, Inc., it was held by the Supreme Court that the majority of the
employees, as an entity under the statute, is the true interest to the contract, holding rights through the
agency of the union representative. Thus, any exclusive interest claimed by the agent is defeasible at the
will of the principal. Moreover, the "substitutionary" doctrine only provides that the employees cannot revoke
the validly executed collective bargaining contract with their employer by the simple expedient of changing
their bargaining agent, and the new agent would have to respect said contract. It means that the employees,
through their new bargaining agent, cannot renege on their collective bargaining contract, except of course
to negotiate with management for the shortening thereof. SOURCE: PAGE 834

16. The substitution of a bargaining agent cannot be allowed if the purpose is to

_______________________________.

a. bind all rival unions

b. subvert existing cba
c. take personal undertakings of the employer
d. disaffiliate from a union

Rationale: The substitution of a bargaining agent cannot be allowed if the purpose is to subvert existing
CBA freely entered by the parties; it is in derogation of the principle underlying the freedom of contract and
good faith in contractual relations. (page 835)

17. __________ basically involves secession by a group or fraction within a union or by a local union from
a parent union.

a. concerted action
b. formalized collective action
c. substitutionary doctrine
d. union schism

Rationale: Union schism basically involves secession by a group or fraction within a union or by a local
union from a parent union. Invariably, It may involve which of the following separate modes: (a) gradual
erosion involving the withdrawal by individual members of the SEBA and joining another union; (b)
concerted action taken by a majority block of the members of a SEBA to transfer to another union; and (c)
formalized collective action which is done through observance of certain formalities such as the taking of a
vote by members of the SEBA in a meeting called for purpose of determining whether majority of its
members are supportive of the planned disaffiliation or of severance as an entity from the parent union or
mother union. Source: 836

18. The following except one are the certain specific issues that present legal complications that may or
may not involve the CBL in a union schism. Which one is not?

a. Disposition of SEBA's Assets

b. Disposition of CBA's Assets

c. Status of the Current CBA

d. Status as SEBA

Rationale: A union schism presents certain specific issues that present legal complications that may or
may not involve the CBL either because of inadequacy of pertinent and applicable provisions therein or the
total lack thereof, such as (1) disposition of SEBA's Assets; (2) Status as SEBA; and (3) Status of the
current CBA. Pg. 837

19. In schism actions under Philippine setting, all that the new SEBA can do is to negotiate with the
employer for the shortening of the CBA' s term, except when there is substantial evidence to indicate that
the CBA is considerably inadequate and substandard because it was the product of collusion between the
ousted SEBA and the employer. What is the effect?

a. The successor SEBA cannot be bound by such inadequate and substandard provisions and
may thus legally demand their re-negotiation.
b. Nullification of the entire CBA which was lawfully entered into by the SEBA
c. No effect. As a rule, schisms should not have any adverse impact on the validity of the CBA as a binding
and enforceable contract
d. None of the above.

Rationale: The rule on schism actions in the CBA would be different if there is substantial evidence to
indicate that the CBA is considerably inadequate and substandard because it was the product of collusion
between the ousted SEBA and the employer. In this eventuality, the successor SEBA cannot be bound by
such inadequate and substandard provisions and may thus legally demand their re-negotiation. Page: 838

20. What composes the NCMB?

a. 2 Deputy Administrators appointed by the President upon recommendation of the DOLE Secretary, 5
hearing officers called Conciliators-Mediators with at least 3 years experience in labor standards and
relations.
b. 2 Deputy Administrators appointed by the DOLE Secretary, hearing officers called Conciliators-
Mediators with at least 3 years experience in labor standards and relations.
c. 2 Deputy Administrators appointed by the President upon recommendation of the DOLE
Secretary, there shall be as many hearing officers therein, called Conciliators-Mediators as the
needs of the public service may require, who shall have at least three (3) years of experience in
handling labor relations and who shall be appointed by the DOLE Secretary.
d. 2 Deputy Administrators appointed by the President upon recommendation of the DOLE Secretary,
there shall be as many hearing officers therein, called Conciliators-Mediators as the needs of the public
service may require, who shall have at least three (5) years of experience in handling labor relations
and who shall be appointed by the DOLE Secretary.

Rationale: The word "Board" mentioned in Article 261 (250] refers to the National Conciliation and
Mediation Board (NCMB) established under Executive Order No. 126. It is an agency attached to the DOLE
and is principally in-charge of the settlement of labor disputes through conciliation, mediation and voluntary
arbitration. It is also charged with the promotion of voluntary approaches to labor dispute prevention and
settlement. PAGE: 839

21. What is the purpose of the 5-year period of the lifetime of a CBA?

a. To promote industrial stability and predictability

b. To assign specific timetables wherein negotiations become a matter of right and requirement
c. All of the above stated
d. None of the above stated
Rationale: Article 265 [253-A] provides that the lifetime of a CBA shall be for a period of five (5) years.
Article 265 [253-A] has a two-fold purpose, to wit: 1) to promote industrial stability and predictability;
and 2) to assign specific timetables wherein negotiations become a matter of right and requirement.
(Page: 840)

22. When can the re-negotiation of the CBA be commenced?

a. At the end of the five-year term of the previous CBA;

b. After four years of effectivity for a period of one year;

c. After three years of effectivity and within the remaining two years of its five-year lifetime; or

d. At any time within its five-year life time

Rationale: RA. No. 6715 provides that for purposes of negotiation or re-negotiation, the representation
aspect should last for five (5) years and "all other provisions," which should only be effective for three (3)
years, subject to re-negotiation for the remaining two (2) years of its 5-year lifetime. Source: Page 841

23. SEBA’s representation may only be questioned during the________day freedom period
a. 30
b. 60
c. 20
d. 10

Rationale: article 265 [253-A] is categorical in prescribing the rule that no petition questioning the majority
status of the incumbent bargaining agent shall be entertained and no certification election shall be
conducted by the Department of Labor And Employment outside of the 60 day freedom period immediately
before the date of expiry of such five year term of the collective bargaining agreement. Source page 842

24. In the case of Manila Mining Corp. regarding suspension of CBA negotiations, was there ULP?

a. Yes, there was ULP since the suspension of the CBA negotiation was attended by ill-will on the part of
the employer, and amounted to refusal to bargain.
b. Yes, there was ULP since the temporary shutdown was merely a smokescreen in order for the CBA
negotiations to cease and afterwards remove union officers from its list of employees.
c. No, there was no ULP since the suspension of the CBA negotiations was due to a temporary
shutdown and once the company resumes operations, the negotiations will continue; there was
no bad faith in the company's actuations.
d. No, there was no ULP since due to the temporary shutdown, the layoff involved only a few union
members and whose dismissals are unrelated to the union’s activities and the CBA negotiations will
continue right after.

Rationale: For a charge of ULP to prosper, it must have been shown that the employer was motivated by
ill-will, bad faith, or fraud, or was oppressive to labor. The employer must have acted in a manner contrary
to morals, good customs, or public policy, or causing social humiliation, wounded feelings or grave anxiety.
In the case of Manila Mining Corp., it cannot be said that the company deliberately avoided negotiation. It
merely sought a suspension and expressed its willingness to negotiate once mining operations resume.
There was valid reliance on the suspension of mining operations (failure to secure an ECC), and in turn, of
the CBA negotiation. Page: 843
25. Which of the following statements is not correct?

a. Mutually agreed suspension of the CBA for a period longer than the 5 year limitation in Article
265[253 A] is not valid.

b. An agreement to suspend the CBA is a valid exercise of the right to contract.

c. One of the purposes of Article 265 [253-A] is to promote industrial stability and predictability.

d. The right to free collective bargaining includes the right to suspend.

Rationale: The SC pronounced that nothing in the law prohibits the parties from waiving or suspending
mandatory time tables and agreeing on the remedies to enforce the same. Under said Article , the
representation limit for the exclusive bargaining agent applies only when there is an extant CBA in full force
and effect. Besides, it is a valid exercise of the freedom to contract and under the principle of inviolability
of contracts guaranteed by the Constitution, such agreement must be upheld. Page: 844
Section B

Page 845

Question 1:

The following statement/s about “All other provisions” mentioned in Article 265 (253-A)
is/are true, EXCEPT:

Statement 1: It simply refers to all the provisions of the CBA, irrespective of whether they
are economic or non-economic in nature.

Statement 2: The only item excepted therefrom is the representation status of the
incumbent SEBA which may only be questioned during the 30-day freedom period.

a. Both statements

b. Statement 1 only

c. Statement 2

d. None of the above.

Rationale: The phrase "all other provisions” mentioned in Article 265 (253-A) simply
refers to all the provisions of the CBA, irrespective of whether they are economic or non-
economic in nature. The only item excepted therefrom is the representation status of the
incumbent SEBA which may only be questioned during the 60-day freedom period.

Page 846

Question 2:

The following are the basic situations when the CBA should take effect, EXCEPT:

a. Effectivity of CBA voluntarily negotiated and concluded by the parties when: (i)
the CBA was negotiated for the first time;

(ii) the CBA was partially re-negotiated for its last 2-year provisions after lapse
of the first 3 years of its 5-year lifetime, and (iii) the entire CBA was re-negotiated
after its 5-year lifetime has expired.

b. Effectivity of CBA whether voluntarily or involuntarily negotiated and

concluded by the parties.

c. Effectivity in case CBA results from an arbitral award granted through

arbitration.
 d. Effectivity in case CBA is an amalgamation of both voluntarily negotiated and
arbitrally awarded terms and conditions.

Rationale: There are 3 situations when CBA takes effect and these are letters a, c, and
d.

Page 847

Question 3:

When does a CBA becomes effective?

a. On the date of its signing and execution

b. Prospectively, at a future date from the date of its signing and execution, as
proposed by the Employer
c. Retrospectively, from the date of its signing and execution to such date in the
past, as demanded by the Employees
d. All of the above

Rationale: CBA becomes effective on the date mutually agreed upon by the parties as
its effectivity date.

Page 848

Question 4:

Which of the following is true about the effectivity and retroactivity of other economic
provisions of the Collective Bargaining Agreement?

a. If CBA is the very for the bargaining unit, the parties have to decide the CBA's effectivity
date.

b. Those made within 6 months after the date of expiry of the CBA are subject to automatic
retroaction to the day immediately following such date of expiry.

c. Those concluded after 6 months from expiration of old CBA, the parties may agree on
the date of retroaction.

d. All of the above

Rationale: Article 265 (253-A). Terms of a collective bargaining agreement. Any

agreement on such other provisions of the Collective Bargaining Agreement entered into
within six (6) months from the date of expiry of the term of such other provisions as fixed
in such Collective Bargaining Agreement , shall retroact to the day immediately following
such date. If any such agreement is entered into beyond six months, the parties shall
agree on the duration of retroactivity thereof.

Page 849

Question 5:

Under the first situation of the retroactivity rule in case of full negotiation of entire CBA
after lapse of its 5-year term, which of the following are correct?

1. The effectivity of the renewed CBA shall retroact to the day immediately after the date
of expiry of the 5th year of the old CBA, in case it is concluded and entered into after 6
months from the expiry of the 5th year of the previous CBA.

2. The parties shall agree on the duration of retroactivity in case the renewed CBA is
concluded within 6 months from expiry of the 5th year of previous CBA.

a. Both are correct.

b. Only "The effectivity of the renewed CBA shall retroact to the day immediately after the
date of expiry of the 5th year of the old CBA, in case it is concluded and entered into after
6 months from the expiry of the 5th year of the previous CBA." is correct.

c. Both are incorrect.

d. Only "The parties shall agree on the duration of retroactivity in case the renewed CBA
is concluded within 6 months from expiry of the 5th year of previous CBA." is correct.

Rationale: The above statements are interchanged. The correct rules should be:

1. The effectivity of the renewed CBA shall retroact to the day immediately after the date
of expiry of the 5th year of the old CBA, in case it is concluded and entered into "within"
6 months from the expiry of the 5th year of the previous CBA.

2. The parties shall agree on the duration of retroactivity in case the renewed CBA is
concluded "after/beyond" 6 months from expiry of the 5th year of previous CBA.

Page 850

Question 6:

The term of the CBA as well as the representation status of the incumbent SEBA shall be
effective for a total period of ____________.

a.) 1 year
b.) 10 years

c.) 5 years

d.) 15 years

Rationale: It can be deduced from Article 265 (253-A) of the Labor Code, that the term
of the CBA as well as the representation status of the incumbent SEBA shall be effective
for a total period of five years.

Page 851

Question 7:

In cases of merger or cosolidation what happens to the employees of the absorbed

company?

a.The surviving or consolidated corporation shall be responsible and liable for all the
liabilities and obligations of each of the constituent corporation

b. The surviving or consolidated corporation shall absorbed the employees of the non-
surviving corporation

c. The surviving or consolidated corporation will not absorb the employees of the
non-surviving corporation.

d. The legal consequence of the merger will automatically deem the employees of the
non-surviving company to become a regular employee of the surviving company

Rationale: “The Corporation Code of the Philippines,” in its Section 80, provides, inter
alia, that "(t)he surviving or consolidated corporation shall be responsible and liable for all
the liabilities and obligations of each of the constituent corporations xxx," it does not
contain, however, any provision mandating the absorption of the employees of the non-
surviving corporation by the surviving corporation, in the case of mergers, or by the
consolidated corporation, in the case ofconsolidation.

Page 852

Question 8:

It is the product of compulsory arbitration through the appropriate government authority

or voluntary arbitration through a mutually chosen voluntary arbitrator or panel of
voluntary arbitrators.
a. Effectively Awarded CBA

b. Secondarily Awarded CBA

c. Arbitrally Awarded CBA

d. Voluntarily Awarded CBA

Rationale: An arbitrally awarded CBA is one which is the product of compulsory arbitration
through the appropriate government authority or voluntary arbitration through a mutually
chosen voluntary arbitrators or panel of voluntary arbitrators.

Page 853

Question 9:

In arbitral awards, the retroactivity rule provided under Section 265 (253-A) applies to:

a) renewal for another 5 years of the entire CBA after the expiration of its 5-year lifetime
only

b) negotiation of only the last 2 years of the CBA only

c) both renewal for another 5 years of the entire CBA after the expiration of its 5-
year lifetime and negotiation of only the last 2 years of the CBA

d) neither the renewal for another 5 years of the entire CBA after the expiration of its 5-
year lifetime nor the negotiation of only the last 2 years of the CBA

Rationale: Having recognized the application of the retroactivity rule to CBA arbitral
awards only by way of analogy, notably, the Supreme Court has invariably applied the
retroactivity rule in both the renewal for another 5 years of the entire CBA after the
expiration of its 5-year lifetime and when only the last 2 years thereof are being
negotiated.

Page 854

Question 10:

Which of the following statements is incorrect?

a. Prospectivity may be stipulated when there is no agreement as to retroactivity.

b. Any agreement on other provisions of the CBA shall be given retroactive effect only
when it is entered into within 6 months from its expiry date.

c. Parties must not continue in full force and effect the terms and conditions of the
existing agreement during the 60-day period prior to the expiration of the old CBA
and/or until a new agreement is reached by parties.

d. If the agreement was entered into outside the 6 month period, then the parties shall
agree on the duration of the retroactivity thereof.

Rationale:

Article 264 [253] and 265 [253-A] mandate the parties to keep the status quo and to
continue in full force and effect the terms and conditions of the existing agreement during
the 60-day period prior to the expiration of the old CBA and/or until a new agreement is
reached by parties.

Page 855

Question 11:

Example of this principle is the rule that although the CBA has expired, it continues to
have legal effects as between the parties until a new CBA has been entered into.

a. Retroactivity principle

b. Wait-and-see principle

c. Que sera sera principle

d. Hold over principle

Rationale: In the absence of the new CBA, the parties must maintain the status quo and
must continue in full force and effect the terms and conditions of the existing agreement
until a new agreement is reached.

Page 856

Question 12:

This refers to the Retroactivity Rule in which "the effectivity date of the new arbitrally
awarded CBA is made retroactive to the date of the expiration of the previous CBA."

a. The Meralco Doctrine

b. The Mindanao Terminal Doctrine

c. The Philippine Airlines Doctrine

d. The St. Luke's Doctrine

Rationale: In the case of St. Luke's v. Torres, the Supreme Court ratiocinated that in the
absence of a specific provision of law prohibiting retroactivity of the effectivity of arbitral
awards issued by the Secretary of Labor pursuant to Article 278(g) [263(g)] of the Labor
Code, xxx public respondent (DOLE Secretary) is deemed vested with plenary and
discretionary powers to determine the effectivity thereof.

Moreover, to deprive the DOLE Secretary of such power and discretion would run counter
to the well-established rule that all doubts in the interpretation of labor laws should be
resolved in favor of labor.

Page 857

Question 13:

Which of the following is true?

I. Voluntary Arbitrator or Panel of Voluntary Arbitrators, upon agreement of the parties,

shall also hear and decide all other labor disputes including unfair labor practices and
bargaining deadlocks

II. Labor Arbiters cannot act as Voluntary Arbitrators when parties to a labor case
mutually agree to submit their issues to Labor Arbiters for voluntary arbitration.

a. I only

b. II only

c. all statements are correct

d. all statements are incorrect

Rationale:

statement I.

Article 275 [262] provides that "[t]he Voluntary Arbitrator or Panel of Voluntary
Arbitrators, upon agreement of the parties, shall also hear and decide all other labor
disputes including unfair labor practices and bargaining deadlocks."

statement II.
 as illustrated in the MERALCO DOCTRINE. Labor Arbiters MAY ACT as Voluntary
Arbitrators when parties to a labor case mutually agree to submit their issues to Labor
Arbiters for voluntary arbitration.

Page 858

Question 14:

Which of the following statements are correct?

I. the dismissal of an employee shall be formally advised through writing so that he may
afford due process;

II. the employer must adopt his own process in terminating his employees;

III. Seeking help from another union is an act that cannot constitute disloyalty as
contemplated in the CBA;

IV. The SEBA may act as a prosecutor, investigator, and a judge at the same time.

choices:

a. Statement I, II, III and IV

b. statements II and IV

c. statements I and III

d. Statement I, II and III

Rationale: as to statement I, in the case of Carino vs. NLRC ( GR 91086 May 8, 1990)
the court ruled that the company should have given the petitioner an opportunity to explain
his side of the controversy with the union. Notwithstanding the union security clause in
the CBA, the company should have reasonably satisfied itself by its own inquiry that the
union had not been merely acting arbitrarily and capriciously in impeaching and expelling
employees.

as to statement III, in the case of Rance vs. NLRC ( GR 68147 June 30, 1988) it was held
that it is not an act of disloyalty but rather an act of self-preservation of workers who,
driven by desperation, found shelter in the other federation which took the cudgels for
them.

Page 859

Question15:
As to the effectivity of the CBA which contains a mixture of mutually negotiated and
arbitrally awarded terms and conditions, how many situations may be cited?

a. Two (2) situations

b. Three (3) situations

c.Four (4) situations

d. Only 1 situation may be cited

Rationale: As far as the effectivity of the CBA which contains a mixture of mutually
negotiated and arbitrally awarded terms and conditions, three (3) situations may be
cited:

Situation 1: Both mutually negotiated and arbitrally awarded terms and conditions of the
CBA will take effect on the date expressly set by the DOLE Secretary, NLRC, CA, or SC,
or the voluntary arbitrator, as the case may be.

Situation 2: The CBA's mutually negotiated and agreed terms and conditions may take
effect in advance of the arbitrally awarded aspect thereof or vice versa.

Situation 3: The mutually agreed and arbitrally awarded terms and conditions will take
effect first while certain remaining issues will be subject in further negotiations by the
parties, or further adjudication by any of the said agencies of government or arbitrators,
as the case may be.

Page 860

Question 16:

Article 265 (253-A) mentions deadlock in its last sentence stating that "In case of deadlock
in the of the Collective Bargaining Agreement, the parties may exercise their
rights under this Code."

a. negotiation

b. signing

c. registration

d. renegotiation
Rationale: Article 253-A of the Labor Code provides in its last sentence that, "In case of
a deadlock in the renegotiation of the collective bargaining agreement, the parties may
exercise their rights under this Code."

Page 861

Question 17:

This is prohibited in any case involving or growing out of labor disputes, except in the
specified cases mentioned in the law. The reason for this prohibition is to afford more or
less equal bargaining power to labor in dealing with the employer.

A. Issuance of writ of continuing mandamus

B. Issuance of a Temporary Protection Order (TPO)

C. Issuance of temporary or permanent injunction or temporary restraining order

(TRO)

D. Issuance of writ of execution for reinstatement

Rationale:Under Article 266 [254] of Labor Code, it provides that “no temporary or
permanent injunction or restraining order in any case involving or growing out of labor
disputes shall be issued by any court or other entity, except as otherwise provided in
Articles 218 and 264 of this Code. “

Page 862

Question 18:

Generally, no temporary injunction or restraining order in any case involving or growing

out of a labor dispute shall be issued by any Court or other entity. Which of the following
is/ are the exception(s)?

a. A temporary injunction or restraining order may be issued when the labor organization
or employer engages in any of the "prohibited activities" listed in Article 279[264].

b. The NLRC has the power to enjoin or restrain actual and threatened commission of
any or all prohibited or unlawful acts, or to require the performance of a particular act in
any labor dispute which, if not restrained or performed forthwith, may cause grave or
irreparable damage to any party or render ineffectual any decision in favor of such party.

c. Both a and b.

d. There are no exceptions.

Rationale: Article 266 [254] excepts the situations contemplated in Articles 225 [218] and
279 [264] of the Labor Code.

Statement (b) refer to the exception mentioned in Article 225 [218].

Page 863

Question 19:

Following statements is true for injunction in strike or lockout cases, except:

1. Injunctions issued to enjoin the conduct of the strike itself and not only the commission
of legal or prohibited acts in the course thereof were held to be not valid.

2. The NLRC could commit a grave abuse of discretion when it denied the petition for
injunction to restrain the union from declairing a strike based on non-strikeable ground.

3. It is the legal duty and obligation of regular courts to enjoin a patial strike staged in
violation of the law.

4. An injunction was allowed against the strike which was staged to compel the employer
to ignore the law.

a. Statement 1 is true and statement 2 is false.

b. Statement 3 is false and statement 4 is true.

c. All of the above.

d. Statement 2 and 3 are false.

Page 864

Question 20:

Which of the following has exclusive power to issue a TRO to enjoin any acts committed
in connection with labor disputes involving ULPs?

a. The Regular Courts

b. The NLRC

c. The Supreme Court

d. The President of the Philippines

Rationale:
The reason for NLRC's exclusive jurisdiction is that since picketing and strikes may be
mere incidents or consequences of a ULP, it is but proper that a writ of injunction prayed
for in connection with the labor dispute originate from the labor court having jurisdiction
over the main case inasmuch as it is that labor court that has cognizance of all relevant
facts.

Page 865

Question 21:

Which of the following are the exceptions to the prohibition on injunction against peaceful
picketing?

I. Where picketing is carried out through the use of illegal means

II. Where picketing involves the use of violence and other illegal acts

III. Where picketing affects the rights of third parties and injunction becomes necessary
to protect such rights.

a. I & II

b. I & III

c. II & III

d. All of the above

Rationale: As a general rule, injunction' cannot be issued against the conduct of

picketing by the workers. Under our constitutional set up, picketing is considered part of
the freedom of speech duly guaranteed by the Constitution. However, excepted from this
legal proscription are the following situations: (a) Where picketing is carried out through
the use of illegal means; (b) Where picketing involves the use of violence and other illegal
acts; and (c) Where picketing affects the rights of third parties and injunction becomes

necessary to protect such rights.

Page 866

Question 22:

Which of the following scenarios is a ground for dismissal for lack of jurisdiction?

a) The court issuing a temporary restraining order enjoining execution of the

judgment in a case of recovery of unpaid thirteenth-month pay.
 b) The Supreme Court hearing a case of alleged illegal strike and issuing a
temporary injunction restraining respondent from committing unlawful acts
complained of by petitioner.

c) both a and b.

d) neither a or b.

Rationale: Art. 254. Injunction prohibited. No temporary or permanent injunction or

restraining order in any case involving or growing out of labor disputes shall be issued by
any court or other entity, except as otherwise provided in Articles 218 and 264 of this
Code. (As amended by Batas Pambansa Bilang 227, June 1, 1982)

It has been recognized in a line of cases that regular courts have no jurisdiction to hear
and decide questions which arise from and are incidental to the enforcement of decisions,
orders, or awards rendered in labor cases by appropriate officers and tribunals of the
Department of Labor and Employment. No temporary injunction or restraining order in
any case involving or growing out of a labor dispute shall be issued by any court or other
entity.

Page 867

Question 23:

Labor cases or various incidents arising therefrom, including the execution of decisions,
awards or orders are within the jurisdiction of the ________.

a. Labor Arbiter

b. regular courts

c. Union

d. Association

Rationale:Such jurisdiction to try and adjudicate labor cases or various incidents arising
therefrom, including the execution of decisions, awards or orders, pertains exclusively to
the proper labor official under the DOLE, the Labor Arbiter so to speak. For to hold
otherwise is to sanction split jurisdiction which is obnoxious to the orderly administration
of justice.

Page 868
Question 24:

Article 267 [255] of the Labor Code provides that the labor organization designated or
selected by ___________of the employees in an appropriate collective bargaining unit
shall be the exclusive representative of the employees in such unit for the purpose of
_____________.

a.) the majority; collective bargaining

b.) all; dispute resolution

c.) two-thirds; policy making

d.) one-half; policy making

Rationale: The first paragraph of Article 267 [255] of the Labor Code provides that the
labor organization designated or selected by the majority of the employees in an
appropriate collective bargaining unit shall be the exclusive representative of the
employees in such unit for the purpose of collective bargaining. However, an individual
employee or group of employees shall have the right at any time to present grievances to
their employer.

Page 869

Question 25:

The following statements is/are not correct about Article 268 (256). Representation Issue
in Organized Establishments, EXCEPT:

Statement 1: In organized establishments, when a verified petition questioning the

majority status of the incumbent bargaining agent is filed by any legitimate labor
organization, the Med-Arbiter shall automatically order an election by secret ballot when
the verified petition is supported by the written consent of at least 35% of all the
employees in the bargaining unit to ascertain the will of the employees in the appropriate
bargaining unit.

Statement 2: To have a valid election, at least a minority of all eligible voters in the unit
must have cast their votes.

Statement 3: The labor union receiving the majority of the valid votes cast shall be certified
as the exclusive bargaining agent of all the workers in the unit.

1. Statement 2 only
2. Statement 1 only
3. Statement 3 only
4. Statements 1, 2 and 3
Rationale:

Article 268 [256]. Representation Issue in Organized Establishments. - In organized

establishments, when a verified petition questioning the majority status of the incumbent
bargaining agent is filed by any legitimate labor organization, including a national union
or federation which has already issued a charter certificate to its local chapter participating
in the certification election or a local chapter which has been issued a charter certificate
by the national union or federation before the Department of Labor and Employment
within the sixty (60)-day period before the expiration of the collective bargaining
agreement, the Med-Arbiter shall automatically order an election by secret ballot when
the verified petition is supported by the written consent of at least twenty-five percent
(25%) of all the employees in the bargaining unit to ascertain the will of the employees in
the appropriate bargaining unit. To have a valid election, at least a majority of all eligible
voters in the unit must have cast their votes. The labor union receiving the majority of the
valid votes cast shall be certified as the exclusive bargaining agent of all the workers in
the unit. When an election which provides for three or more choices results in no choice
receiving a majority of the valid votes cast, a run-off election shall be conducted between
the labor unions receiving the two highest number of votes: Provided, That the total
number of votes for all contending unions is at least fifty percent (50%) of the number of
votes cast. In cases where the petition was filed by a national union or federation, it shall
not be required to disclose the names of the local chapter's officers and members.

At the expiration of the freedom period, the employer shall continue to recognize the
majority status of the incumbent bargaining agent where no petition for certification
election is filed.
Section C

1. GA MO-TAK is an unorganized establishment. In order for its Request for SEBA

Certification to be granted, how many legitimate unions should it have?
a. Only one (1) legitimate union
b. More than one (1) legitimate labor organizations
c. Multiple unions with an existing SEBA
d. An unorganized establishment can never request for SEBA certification

Rationale: The Request will only be granted if what is involved is an unorganized

establishment with only one (1) legitimate union. It will not be granted and instead,
a certification election will be conducted in case the Request is made in (i) an
unorganized establishment with more than one (1) legitimate labor organization,
and (ii) an organized establishment with an existing SEBA.
Source: p - 877

2. May the withdrawal of consent in filing of PCE by the employees be used to cancel union
registration?
a. Yes. The withdrawal made after the filing of the PCE thereof is deemed involuntary
and affects the PCE or the election proceedings.
b. No. Withdrawal cannot work to nullify the registration of the union.
c. Yes. Retraction or withdrawal of support made before the filing of the PCE is
presumed to be voluntary, thus, it can be invoked to cancel union registration.
d. No, because it would not bar the Med-Arbiter from ordering an election even with
less than the required percentage of minimum membership of the employees
asking for a certification election.

Rationale: If a withdrawal from union membership done after a PCE has been filed
does not vitiate it, it is but logical to assume that such withdrawal cannot work to
nullify the registration of the union. Indeed, where the company seeks the
cancellation of a union's registration during the pendency of a PCE, the same
grounds invoked to so cancel should not be used to bar the certification election.
This amounts to a clear circumvention of the law and cannot be countenanced.
Source: p - 885

3. Statement I: An individual employee or group of employees are allowed to bring

grievances directly to the employer without need to secure the prior consent or
participation of the SEBA.

Statement II: An individual employee or group of employees can have their grievances
processed through the grievance machinery and voluntary arbitration mechanism
provided in the CBA without the participation of the SEBA.
a. Statement I is true, Statement II is false
b. Statement I is false, Statement II is true
 c. Both statements are true
d. Both statements are false

Rationale: While Article 267 [255] clearly enunciates the rule that an individual
employee or group of employees are allowed to bring grievances directly to the
employer without need to secure the prior consent or participation of the SEBA,
jurisprudence, however, has clarified that they cannot have their grievances
processed through the grievance machinery and voluntary arbitration mechanism
provided in the CBA without the participation of the SEBA, the reason being that
such processes are contractually granted by the parties thereto - the employer and
the SEBA - hence, their consent, especially that of the SEBA's, should first be
secured by the individual employee or group of employees.
Source: p - 873

4. Which of the following statements is incorrect?

a. Upon the issuance of the Certification as SEBA, the certified union or local shall
enjoy all the rights and privileges of an exclusive bargaining agent of all the
employees in the covered CBU.
b. The issuance of the SEBA Certification does not bar the filing of a petition
for certification election by any labor organization for a period of one (1)
month from the date of its issuance.
c. The DOLE Regional Director should cause the posting of the SEBA Certification
for 15 consecutive days in at least 2 conspicuous places in the establishment or
covered bargaining unit.
d. Certification election refers to the process of determining through secret ballot the
SEBA of the employees in an appropriate CBU for purposes of collective
bargaining or negotiations.

Rationale: Statement B is incorrect. The issuance of the SEBA Certification bars

the filing of a petition for certification election by any labor organization for a period
of one (1) year from the date of its issuance. It must be noted that after certification,
an employer is required to bargain with the certified SEBA for a reasonable time,
which is usually one year, in the absence of "unusual circumstances."
Source: p - 881
5. The Samahana ng Manggagawa sa Daungan (SAMADA) submitted the 25% consent
signatures 11 days after the filing of the PCE. Rule on the matter.
a. The Med-Arbiter should dismiss the PCE filed by SAMADA for failure to submit the
consent signature simultaneously with the petition.
b. The Med-Arbiter should accept the PCE filed by SAMADA provided it [SAMADA]
provides a written reasonable explanation as to the delay.
c. The Med-Arbiter should not strictly apply the 25% written support if by doing
so, it frustrates the determination of the legitimate representative of the
workers.
d. The Med-Arbiter should approve the PCE because the written support may be
waived.

Rationale: The requirement in the rule is not found in Article 268 [256], hence, the
regulation should only be given only a directory effect.
Source: p - 890

6. Which of the following are the amendments made by Section 10 of R.A. No. 9481 (June
14, 2007) to Article 268 (256) of the Labor Code?

I. Any legitimate labor organization as the party that may file a verified PCE
questioning the majority status of the incumbent SEBA.
II. In cases where the petition for certification election is filed by a national union or
federation, it shall not be required to disclose the names of the local chapter's
officers and members.
III. The total number of votes for all contending unions is at least fifty percent (50%)
of the number of votes cast.
IV. The labor union receiving the majority of the valid votes cast shall be certified as
the exclusive bargaining agent of all the workers in the unit.
a. I and II
b. I, III and IV
c. I, II and III
d. I, II, III and IV
Rationale: Article 258 [256] was amended by section 10 of RA NO. 9481 [June
14, 2007]. The provision is substantially the same except for some changes, to wit:
(1) There is now a specific reference in this article to "any legitimate labor
organization" as the party that may file a verified PCE questioning the majority
status of the incumbent SEBA. Necessarily, the "legitimate labor organization"
referred to therein is either (a) an independent union; (b) a national union or
federation which has already issued a charter certificate to its local
chapter/chartered local participating in the certification election; or (c) a local
chapter/chartered local which has been issued a charter certificate by the national
union or federation. (2) A new phrase has been inserted, thus: "In cases where the
 petition for certification election is filed by a national union or federation, it shall not
be required to disclose the names of the local chapter's officers and members".
Source: p - 888

7. This is said to be the most democratic method of determining the choice of the employees
of their bargaining representative.
a. Direct Certification
b. Negotiation
c. Certification Election
d. Registration certification

Rationale: As cited by Chan, in Philippine Airlines Employees' Association

(PALEA) v. Ferrer-Calleja, where the dismissal of the petition for certification was
sought on the ground that the petition is not supported by the signatures of at least
30% of the bargaining unit, the Court upheld the conduct of the certification election
and further held that: "Whenever there is doubt as to whether a particular union
represents the majority of the rank-and-file employees, in the absence of a legal
impediment, the holding of a certification election is the most democratic method
of determining the employees' choice of their bargaining representative. It is the
appropriate means whereby controversies and disputes on representation may be
laid to rest, by the unequivocal vote of the employees themselves. xxx"
Source: p - 882

8. As to Documentary Requirements for the Request for SEBA Certification, the request
should indicate the following except:
a. The name and address of the requesting legitimate labor organization
b. The bargaining unit sought to be represented
c. The approximate number of employees in the bargaining unit
d. The rules and regulations of the company where it operates

Rationale: The Request should indicate:

a) The name and address of the requesting legitimate labor organization;
b) The name and address of the company where it operates;
c) The bargaining unit sought to be represented;
d) The approximate number of employees in the bargaining unit; and
e) The statement of existence/ non-existence of other labor organization/CBA.
Source: p - 879
9. When majority of the members of the certified union disaffiliated and organized their own
union and subsequently asked for the conduct of a new certification election. Article 258
of the New Labor Code makes it mandatory for the Bureau of Labor Relations to conduct
a certification election if the following are present, except.
a. There is an existing CBA
b. There had been no certification election held for more than a period of 12 months.
c. There is no existing CBA.
d. The petition for a certification election has the written consent of more than 30%
of the members of the bargaining unit.

Rationale: The 1985 case of Samahang Manggagawa ng Pacific Mills, Inc. v.

Noriel, presents a unique case where majority of the members of the certified
union disaffiliated therefrom and organized their own union and subsequently
asked for the conduct of a new certification election. In granting petitioner SMPMI's
request for certification election, the Supreme Court noted the following: The last
certification election was held on September 26, 1977(no certification election held
for more than 12 months). There is no existing CBA. The petition for a certification
election has the written consent of more than 30% of the members of the
bargaining unit. In the light of these facts, Article 258 of the New Labor Code makes
it mandatory for the Bureau of Labor Relations' to conduct a certification election.
Source: p - 886

10. There are scenarios discussed under the Rules regarding the Request for SEBA
Certification as a mode of determining the SEBA of the employees in a CBU. Which of the
following scenarios is not included?
a. Request for certification in organized establishment
b. Request for certification in unorganized establishment with only one legitimate
union;
c. Request for certification in unorganized establishment with no legitimate
union;
d. Request for certification in unorganized establishment with more than one
legitimate labor organization;

Rationale: There are three (3) scenarios conceived under the Rules on this mode,
namely:
(I) Request for certification in unorganized establishment with only one (1)
legitimate union;
(2) Request for certification in unorganized establishment with more than one
legitimate labor organization; and
(3) Request for certification in organized establishment
Source: p - 880
11. Which of the following statements is false regarding Certification Election in Unorganized
Establishments?
a. (a)an independent union, (b)a national union or federation which has already
issued a charter certificate to its local chapter participating in the certification
election; or (c) a local chapter which has been issued a charter certificate by the
national union or federation are among those who may file a PCE under Article
269, as amended by R.A. No. 9481.
b. It shall be required to disclose the names of the local chapter‘s officers and
members, in case where the petition for certification election is filed by a
national union or federation.
c. A duly registered federation or national union is authorized to directly create a local
chapter issuing a charter certificate thereto.
d. In a PCE filed by a legitimate organization involving an unorganized establishment,
the Med-Arbiter is required to immediately order the conduct of a certification
election upon filing thereof by a legitimate labor organization.

Rationale: No, the law does not require disclosing the names of the local chapter’s
officers and members in such petition. The obvious purpose is to ensure that the
identities of the officers and members of the local chapter are not known to the
employer who may be tempted to interfere with, restrain or coerce them in the
exercise their right to self-organization and collective bargaining. Observably, this
legal policy does not apply if the PCE is filed by the local chapter itself since it has
to disclose the names of its officers and members in its PCE.
Source: p - 891

12. Which among the following are true regarding petition for certification election by unions?
I. A union, whether legitimate or illegitimate, may be certified
II. It is only a legitimate labor organization that may exercise the right to be certified
as the exclusive representative of all employees in an appropriate collective
bargaining unit for purposes of collective bargaining.
III. The acquisition of rights by any union or labor organization does not depend on
whether or not the labor organization has attained the status of a legitimate labor
organization.
IV. A petition for certification election may be filed by a federation or national union
which issued a charter certificate to the local chapter.
V. A local chapter who has been granted a charter certificate by the national union
cannot file for a petition for certification election.
a. I, III, and V
b. I, II, and IV
c. II and IV
d. All of the above

Rationale: Only II and IV are correct. "I" is the opposite of "II". "III" is wrong since
the acquisition of rights by any union or labor organization, FIRST AND
 FOREMOST, depends on whether or not the labor organization has attained the
status of a legitimate labor organization. "V" is also incorrect since once a local
chapter has been granted a charter certificate by the national union, it CAN already
file for a petition for certification election.
Source: p - 894

13. I. SEBA (Sole and Exclusive Bargaining Agent) refers to a legitimate labor union duly
recognized voluntary as the sole and exclusive bargaining representative or agent of all
the employees in a CBU.

II. Once certified, what is represented by the SEBA are only its members.

Which of the following statement/s is/are FALSE?

a. Statement I only
b. Statement II only
c. Statement I and II
d. Both statements are false

Rationale: Only II and IV are correct. "I" is the opposite of "II". "III" is wrong since
the acquisition of rights by any union or labor organization, FIRST AND
FOREMOST, depends on whether or not the labor organization has attained the
status of a legitimate labor organization. "V" is also incorrect since once a local
chapter has been granted a charter certificate by the national union, it CAN already
file for a petition for certification election.
Source: p - 894

14. Who may file a notice or declare a strike or request preventive mediation in cases of
deadlocks and Unfair Labor Practices?
a. Any individual member of a union.
b. Any union
c. Certified or duly recognized bargaining representative
d. The Mother Union

Rationale: Sec. 3 Rule IV of the NCMB Manual of Procedure which states that
only a certified or duly recognized bargaining representative may file a notice or
declare a strike or request for preventive mediation in cases of bargaining
deadlocks and unfair labor practices. Note that the employer may file a notice or
declare lockout or request for preventive mediation in the same cases.
Source: p - 875
15. If unchallenged _________ freedom period, the majority status of the existing SEBA
should continue to be recognized.
a. During the 60-day
b. After the 60-day
c. Before the 60-day
d. None of the above.

Rationale: A petition for certification election challenging the majority status of the
existing SEBA should be filed within---and not before or after---said 60-day
freedom period. Upon the expiration of the said period and no petition for
certification election is filed by a challenging union, the employer is duty-bound to
continue to recognize the majority status of the incumbent SEBA. Negotiation for
a new CBA may even validly commence between the incumbent SEBA and the
employer during the 60-day freedom period if no challenge to the SEBA's majority
status is posed by another union.
Source: p - 780

16. What is the effect of the revocation by the DOLE of the union registration in the proceeding
for a certification election?
a. The certification election is automatically barred by the revocation by the DOLE of
the union registration.
b. The certification election may still proceed for as long as such order of
revocation has not yet attained finality.
c. The certification election is not in no way possible affected by the revocation by
the DOLE of the union registration.
d. The certification election may still proceed but a Petition for Certification Election
is already barred by the said revocation.

Rationale: Certification election may still proceed for as long as such order of
revocation has not yet attained finality because of the timely motion for
reconsideration or appeal filed by the union. Only a final order for the cancellation
of the registration could prevent the union from continuing to enjoy all the rights
conferred on it as a legitimate labor union, including the right to file a PCE.

Moreover, it is now enshrined in Article 246 [238-AJ1 of the Labor Code3 that a
petition for cancellation of union registration does not suspend the proceedings for
certification election nor does it prevent the filing of a PCE.
Source: p - 884
17. What is the effect where it is shown that delay in the issuance of certificate of registration
of union participating in Certification Election was not because of its fault but due mainly
to its rivalry with other unions?
a. It shall not stay the conduct of the Certification Election.
b. It shall stay the conduct of the Certification Election.
c. The conduct of the certification election will be dependent upon the approval of the
DOLE Secretary as prescribed by the Labor Code.
d. The conduct of the Certification Election will be dependent upon the approval of
the DOLE Regional Director as prescribed by the Labor Code.\

Rationale: EFFECT OF DELAY IN ISSUANCE OF CERTIFICATE OF

REGISTRATION OF UNION PARTICIPATING IN CERTIFICATION ELECTION.
The delay in the issuance of the certificate of registration to a union participating
in a certification election case may effectively prevent the conduct thereof.
However, where it is shown that such delay was not because of its fault but due
mainly to its rivalry with other unions, it shall not stay the conduct of the certification
election. Mandamus will lie to compel the issuance of such certificate of
registration.
Source: p - 883

18. What is the role of employer/s in a petition for certification election cases?
a. The employer shall not be considered a party thereto with a concomitant
right to oppose a petition for certification election.
b. The employer shall oppose the petition, or even appeal the Med-Arbiter’s orders
relative to the conduct of the certification election.
c. The employer's only right in the proceeding is to interfere by filing a motion to
dismiss or an appeal from it.
d. The employer can have any partisan interest in the certification election.

Rationale: Article 258-A. Employer as Bystander. - In all cases, whether the

petition for certification election is filed by an employer or a legitimate labor
organization, the employer shall not be considered a party thereto with a
concomitant right to oppose a petition for certification election. The employer’s
participation in such proceedings shall be limited to:
1. being notified or informed of petitions of such nature; and
2. submitting the list of employees during the pre-election conference should
the Med-Arbiter act favorably on the petition. (As amended by Section 12,
Republic Act No. 9481 which lapsed into law on May 25, 2007 and became
effective on June 14, 2007).
Source: p - 893
19. Department Order No. 40-1-15, Series of 2015, has expressly repealed the entire set of
Rules applicable to "Voluntary Recognition" in the Labor Code's Implementing Rules on
Book V and replaced it with the freshly-minted mode of securing the status of a sole and
exclusive bargaining agent (SEBA). What is this new mode of determining SEBA?
a. Deregistration of Collective Bargaining Agreements
b. Request for SEBA Certification
c. Voluntary Certification
d. Election of employees and the management

Rationale: It is an absolute rule that in an inter-union or certification/representation

dispute, an employer is, as a mere bystander, not considered a party thereto with
a concomitant right to oppose a petition for certification election (PCE).

Being the sole and exclusive concern and domain of the employees, the previous
mode of allowing the employer to extend "voluntary recognition" to enable a union
to become a SEBA is a patently incongruous and self-contradictory that runs
contrary to the autonomous process of choosing the SEBA. For by allowing the
employer to extend voluntary recognition to a union, it is, in a way, no longer the
employees but the employer who determines and designates the SEBA when he
is not supposed to have any idea of role in such determination and designation.

The bystander role of the employer in the certification election process can be the
only logical rationale for such repeal and its eventual replacement by the mode of
filing a request for SEBA certification by the union desiring to be certified as a
SEBA without need to secure first the consent and voluntary recognition of the
employer. Under this new rule, the DOLE Regional Director is duty-bound to
extend such SEBA Certification simply on the basis of the requesting union's
compliance with the requirements.
Source: p - 878
20. The following statements are true except:
a. a. Individual employee or group of employees are members of the SEBA
b. Non-SEBA members who belong to another union are Individual employee or
group of employees
c. The SEBA and the employer cannot stipulate in their CBA specifically prohibiting
individual employee from bringing their grievances directly to the employer without
participation of the SEBA
d. A SEBA can force an individual employee to use only grievance procedure
or machinery in bringing grievances to the employer.

Rationale:
a. The Supreme Court held in the case of Tabigue vs International Copra
Export Corporation [G.R. No. 183335, December 23, 2009] that members
of the SEBA are Individual employee or group of employees.
b. The Supreme Court held in the case of Insular Hotel Employees Union-
NFL vs Waterfront Insular Hotel Davao [G.R. Nos. 174040-41, September
22, 2010] that non-Seba members who belong to another union are
individual employee or group of employees.
c. The SEBA and the employer cannot stipulate in their CBA specifically
prohibiting individual employee or group of employees from bringing their
grievances directly to the employer without the participation of the SEBA.
Not only would such stipulation run contrary to Article 267 [255] but also to
established jurisprudence which constantly recognizes such right of an
individual employee or group of employees.
d. The existence and designation of a SEBA does not have the effect of
depriving an individual employee or group of employees, regardless of
whether they are members or non-members of the SEBA, to exercise their
right at any time to present grievances directly to their employer, with or
without the consent, participation or intervention of the SEBA. This means
that a SEBA cannot force an individual employee or group of employees to
use only grievance procedure or machinery in bringing grievances to the
employer.
Source: p - 893

21. Which of the following is not a requisite for the conduct of a certification election in an
organized establishment?
a. That the Petition for Certification Election is verified
b. That the Petition for Certification Election questioning the majority status of the
incumbent bargaining agent is filed before the DOLE within the 60-day freedom
period
c. That the petitioning union should be legitimate
d. That the PCE is supported by the written consent of at least twenty-five
percent(25%) of all the employees in the bargaining unit
 Rationale: Under Article 268 of the Labor Code, the Med-Arbiter is required to
automatically order the conduct of a certification election by secret ballot in an
organized establishment as soon as the following requisites are fully met:
1. That a PCE questioning the majority status of the incumbent bargaining
agent is filed before the DOLE within the 60-day freedom period;
2. That such PCE is verified; and
3. That the PCE is supported by the written consent of at least twenty-five
percent (25%) of all the employees in the bargaining unit.
The requirement that the petitioning union should be legitimate is applied in the
conduct of a certification election involving an unorganized establishm
Source: p - 889

22. Statement I: An organized establishment refers to an enterprise where there exists a

SEBA, regardless of whether a CBA has been concluded or not by such SEBA with the
employer.

Statement II: An establishment may still be considered unorganized even if there are
several unions in existence in one CBU for as long as one of them is duly certified as
SEBA.
a. Both statements are true
b. Statement I is true, Statement II is false
c. Statement I is false, Statement II is true
d. Both statements are false

Rationale: Statement I: “Organized Establishment” refers to an enterprise where

there exists a recognized or certified sole and exclusive bargaining agent (Section
1 (ll), Rule I, Book V, Rules to Implement the Labor Code, as amended by
Department Order No. 40-03, Series of 2003, [Feb. 17, 2003])

Statement II: An “unorganized establishment” is a firm or company where there is

no certified SEBA. Thus, an establishment may still be considered unorganized:

(a) Even if there are several unions in existence in one CBU for as long as
not one of them is duly certified as SEBA

(b) In CBUs therein existing that have no SEBA

Source: p - 887

23. Statement I:The SEBA is duty-bound to represent includes not only its members but also
its non-members that are covered by the CBU.

Statement II: The SEBA has the right to refuse any request for fair representation by
such non-SEBA members in their dealings with the employer.
 a. Only statement 1 is true.
b. Only statement 2 is true.
c. Both statements are true.
d. Both statement are false.

Rationale: Indeed, it is well settled in law and jurisprudence that the constituency
that a SEBA is duty-bound to represent includes not only its members but also its
non-members that are covered by the CBU. It, therefore, has no right to refuse any
request for fair representation by such non-SEBA members in their dealings with
the employer. Any such unfair and unreasonable refusal may amount to a ULP of
the SEBA under and by virtue of paragraph (c) of Article 260 [249], which provides
that it is ULP for a duly certified SEBA, its officers, agents or representatives to
violate the duty, or refuse to bargain collectively with the employer.
Source: p - 876

24. Only ___________________ has/have the right to file a notice or request for preventive
mediation.
a. a voluntarily recognized or certified bargaining representative
b. individual members of the union
c. any individual employee or group of employees
d. b and c

Rationale: The correct answer is a. The Supreme Court, invoked its ruling in
Tabigue and the provision of the NCMB Manual of Procedure which provides that
only a voluntarily recognized or certified bargaining representative has the right to
file a notice or request for preventive mediation, and declared that the individual
members of the union have no authority to file the Notice of Preventive Mediation
and/or voluntary arbitration case. (Insular Hotel Employees Union-NFL vs.
Waterfront Insular Hotel Davao, GR Nos. 174040-41, Sept. 22, 2010).
Source: p - 874

25. In order for a local chapter created by a federation or national union to file a PCE, it must:
a. Be a legitimate labor organization in good standing
b. Have been issued a charter certificate
c. File a separate registration with the DOLE
d. All of the above

Rationale: The latest amendatory Article 241 [234-A} grants the local chapter the
legal personality to file a PCE "from the date it was issued a charter certificate." In
other words, the mere exhibition of the charter certificate, and nothing else, would
suffice to give the local chapter the legal personality to initiate the certification
election proceeding. Source: p - 892
Section D

1. Which of the following statements is false?

a. If the PCE is filed by a federation, the national president or his duly authorized representative
shall certify under oath as to the existence of its local chapter in the establishment and attaching
the charter certificate.
b. The PCE should be supported by a written consent of at least 25% of all employees in the
CBU.
c. If the PCE is filed by a local chapter, it shall attach its charter certificate.
d. Certificate of non-forum shopping is required in PCE.

Rationale: Certificate of non-forum shopping is not required in PCE because the requirement of
a certificate of non-forum shopping refers to complaints, counter-claims, cross-claims, petitions
or applications where the contending parties litigate their respective positions regarding the claim
of relief of the complainant, claimant, petitioner or applicant.

Source — p. 895

2. The following are the exceptions to the general rule that a PCE may be filed at any time,
EXCEPT:

a. When it is barred under the contract bar rule

b. When it is barred under the statutory bar rule
c. When it is barred under the negotiations bar rule
d. When it is barred under certification month bar rule

Rationale: The general rule is that a PCE may be filed at any time, except when it is barred under
any of the following bar rules: (1) Contract bar rule; (2) Statutory bar rule; (3) Certification YEAR
bar rule; (4) Negotiations bar rule; or (5) Bargaining deadlock bar rule.

Source — p. 896

3. Intervention by a Union is one of the two kinds of intervention in a certification election and the
other one is:

a. Intervention by an employee
b. Petition-in-Intervention
c. Forced Intervention
d. Intervention by a party

Rationale: Under the law, there are 2 kinds of intervention in a certification election, to wit :(I)
Intervention by an employee. -Any employee has the right to intervene in a certification election
proceeding for the protection of his individual rights; (2) Intervention by a union. - In this sense,
"intervention" refers to the act of a labor organization, which is not a party to a certification election
proceeding but may be affected by a decision therein, of formally filing a Motion for Intervention
to make itself a party thereto.6 It may also be initiated through a Petition-in-Intervention.

Source — p. 897

4. The certification election should proceed even if the petition for ______ is the only remaining
petition.

a. Certiorari
b. Mandamus
c. Intervention
d. Review on Certiorari

Rationale: In the case of PWUP vs. Laguesma, it provides that "Intervention should not be
disallowed simply because of the withdrawal or failure to appeal. Certification Election is not a
litigation but a mere investigation of a non-adversary character where the rules of procedure are
not strictly applied. Thus technical rules and obligations should not be allowed to prevent a correct
determination of the real representative of the workers in line with their constitutional rights to self-
organization and collective bargaining.

Source — p. 898

5. Statement 1: The Mediator-Arbiter shall formally issue a ruling granting or denying the petition
for certification election within ten (10) days from the date of the last hearing.
Statement 2: This period of time shall also apply to organized establishments.

a. Both statements are true.

b. Both statements are false.
c. Only Statement 1 is true.
d. Only Statement 2 is true.

Rationale: It is provided for by law that within ten (10) days from the date of the last hearing, the
Mediator-Arbiter shall formally issue a ruling granting or denying the petition, except in organized
establishments where the grant of the PCE can only be made after the lapse of the 60-day
freedom period.

Source — p. 899

6. Article 272 prescribes the rules on appeal for decisions of Med-arbiters in ________________
cases.

a. Union
b. Certification Election
c. Illegal Termination
d. Reinstatement

Rationale: Article 272 in relation to Article 259 provides that "Appeal from certification election
orders. Any party to an election may appeal the order or results of the election as determined by
the Med-Arbiter directly to the Secretary of Labor and Employment on the ground that the rules
and regulations or parts thereof established by the Secretary of Labor and Employment for the
conduct of the election have been violated. Such appeal shall be decided within fifteen (15)
calendar days. (As amended by Section 25, Republic Act No. 6715, March 21, 1989)."

Source — p. 900

7. The following are grounds for denial of Petition for Certification Election (PCE), except:

a. In an organized establishment, the failure to submit the 25% consent signature requirement to
support the filing of the PCE.
b. Non-appearance of the petitioner for two (2) consecutive scheduled conferences before the
Mediator-Arbiter despite due notice.
c. Absence of employer-employee relationship between all the members of the petitioning union
and the establishment where the proposed CBU is sought to be represented.
d. The inclusion as union members of employees outside the bargaining unit.

Rationale: It is lately provided in the Implementing Rules of the Labor Code that the inclusion as
union members of employees outside the bargaining unit is a prohibited ground that may be
invoked to suspend or deny a PCE. Neither is it a valid ground that may be cited in support of a
petition for cancellation of the registration of a union. The inappropriately included employees are
automatically deemed removed from the list of membership of said union.

Source — p. 901

8. The following statements about consent election are true, except:

a. It is always conducted under the control and supervision of the DOLE.

b. It is held upon the mutual agreement of the contending unions.
c. It is being conducted as a voluntary mode of resolving labor dispute.
d. It necessarily involves at least two (2) or more contending unions.

Rationale: Consent election may be conducted with or without the control and supervision
of the DOLE. It is certification election that is always conducted under the control and supervision
of the DOLE.

Source — p. 902
9. If the contending unions holds a consent election, the result thereof shall constitute a bar to the
holding of a Certification Election within one year from and after the date of consent election. If
there is no winning union that emerged as the SEBA, this one-year period is called?

a. Certification Year Bar

b. Certification of Creation
c. Statutory Construction
d. Statutory Bar

Rationale: If the PCE has been filed and upon the intercession of the Med-Arbiter, the parties
mutually agree to hold a consent election, the result thereof shall constitute a bar to the holding
of the Certification Election within a period of one year. This one-year period is called: "statutory
bar" if there is no winning union that emerged as the certified SEBA; it is denominated as
"Certification year bar" if there is a winning SEBA.

Source — p. 903

10. A "run-off election" refers to:

a. It is an election between the labor unions receiving the three (3) highest number of votes in a
certification election, wherein, the choice of no union is not included.
b. Consent election with three (3) or more unions in contention, where such certification
election or consent election results in none of the contending unions receiving the
majority of the valid votes cast.
c. The total number of votes for all contending unions, if added, is at least fifty-one percent (51%)
of the number of valid votes cast.
d. Election Officer should motu proprio conduct a run-off election within fifteen (15) days from the
close of the election proceeding between the labor unions receiving the two highest number of
votes.

Rationale: A run-off election is an election between the labor unions receiving the two (2) highest
number of votes in a certification election.

A run-off election can also be a consent election with three (3) or more unions in contention, where
such certification election or consent election results in none of the contending unions receiving
the majority of the valid votes cast; provided, that the total number of votes for all contending
unions, if added, is at least fifty percent (50%) of the number of valid votes cast

And, if all of the conditions are present with no objections or challenges, the Election Officer
should motu proprio conduct a run-off election within ten (10) days from the close of the election
proceeding between the labor unions receiving the two highest number of votes.

Source — p. 904
11. When shall the Election Officer post the notice of an election run-off?

a. at least five (5) days before the actual date thereof.

b. at most five (5) days before the actual date thereof.
c. at least ten (10) days before the actual date thereof.
d. at least thirty (30) days before the actual date thereof.

Rationale: Notice of the conduct of a run-off election should be posted by the Election Officer
at least five (5) days before the actual date thereof.

Source — p. 905

12. Based on the provision of the Implementing Rules, which among the scenarios is NOT the tie
contemplated therein which would justify the holding of a re-run election.

a. At least 2 unions are involved and a tie in the votes occurred:

b. At least 3 unions are involved and a tie in the votes occurred:
c. A tie in the votes occurred between the 2 unions involved in a run-off election
d. A tie in the votes occurred between the 2 unions involved in a re-run election.

Rationale: Various situations where a tie may occur justifying a re-run election may occur in any
of the following scenarios:

(1) At least 2 unions are involved and a tie in the votes occurred:

(a) Between the 2 contending unions and the "No Union " 1 choice did not garner the majority;
or
(b) Between 1 of the 2 unions and the "No Union " choice.

(2) At least 3 unions are involved and a tie in the votes occurred:

(a) Between and among 2 or more or all of the contending unions and the "No Union" choice
did not muster the majority; or
(b) Between and among 1 or more of the contending unions and the "No Union" choice.

(3) A tie in the votes occurred between the 2 unions involved in a run-off election.

Source — p. 906

13. Which of the following is NOT TRUE in case of failure of election?

a. In failure of election, the number of votes cast in the certification or consent election is less than
the majority of the number of eligible voters and there are no challenged votes that could
materially change the results of the election
b. A failure of election shall not bar the filing of a motion for the immediate holding of another
certification or consent election, now to be called re-run election, within six (6) months from the
date of declaration of failure of election
c. Within 24 hours from receipt of such motion, the Election Officer should immediately schedule
the conduct of such re-run election within 15 days from receipt of the motion and cause the posting
of the notice of re-run election at least 10 days prior to the scheduled date thereof in 2 most
conspicuous places in the establishment
d. Within 24 hours from the receipt of such motion, there being a valid election, the Election
Officer should transmit the records of the case to the Mediator-Arbiter who shall, within
the same period from receipt of the minutes and results of election, issue an order
proclaiming the results of the election and certifying the union which obtained the majority
of the valid votes cast as the SEBA in the subject CBU, under conditions provided for by
law.

Rationale: Within 24 hours from the final canvass of votes, there being a valid election, the
Election Officer should transmit the records of the case to the Mediator-Arbiter who shall, within
the same period from receipt of the minutes and results of election, issue an order proclaiming
the results of the election and certifying the union which obtained the majority of the valid votes
cast as the SEBA in the subject CBU, under any of the following conditions.

Source — p. 907

14. The conduct of a re-run election may also be justified if the certification, consent or run-off
election has been invalidated or nullified due to the following except:

a. Disenfranchisement of the voters

b. When majority of the valid votes cast result in "No Union"
c. Lack of secrecy in voting
d. Threat and intimidation employed by any union or by the employer

Rationale: The conduct of a re-run election may also be justified if the certification, consent or
run-off election has been invalidated or nullified due to certain serious irregularities that have been
committed during the conduct thereof, such as, disenfranchisement of the voters, lack of secrecy
in voting, fraud or bribery or acts of terrorism, force, threat and intimidation employed by any of
the contending unions or by the employer. Such invalidation would necessitate the conduct of a
re-run election among the contending unions to determine the true will and desire of the
employees-electorate.

Source — p. 908

15. In the case of Confederation of Citizens Labor Unions, the following are the irregularities which
held the certification of election invalid except one:

a. Out of the 1,010 voters only 692 voted and 318 failed to vote.
b. The secrecy of the ballot was not safeguarded.
c. The election supervisors were remiss in their duties and apparently bribed by a union
representative.
d. The participating unions were overzealous in wooing the employees to vote in their favor by
resorting to tactics such as giving free tricycle rides and t-shirts.

Rationale: In the case of Confederation of Citizens Labor Unions, one of the reasons why the
certification election became invalid was because the election supervisors were remiss in their
duties and were apparently intimidated by a union representative.

Source — p. 909

16. In the case of National Federation of Labor vs. The Secretary of Labor of the Republic of the
Philippines and Hijo Plantation Inc., the following are the irregularities which were found by the
Med-Arbiter during the investigation on the conduct of certification election, except one:

a. The election was held outside the company.

b. The election was held on a Saturday which was a non-working day in the company.
c. Management representatives were not around to identify the workers.
d. The total number of votes cast, as duly certified by the representation officer, did not tally with
the 41-page listings submitted to the Med-Arbitration Unit.

Rationale: In the case of National Federation of Labor vs. The Secretary of Labor of the Republic
of the Philippines and Hijo Plantation Inc., the following are the irregularities which were found by
the Med-Arbiter during the investigation on the conduct of certification election: (1) the election
was held outside the company, (2) the election was held on a Sunday which was a non-working
day in the company, (3) management representatives were not around to identify the workers and
(4) the total number of votes cast, as duly certified by the representation officer, did not tally with
the 41-page listings submitted to the Med-Arbitration Unit. However, in a resolution dated
February 14, 1991, the DOLE upheld the August 20, 1989 certification election and it gave no
weight to the report of the Med-Arbiter that the certification election was marred by massive fraud
and irregularities.

Source — p. 910

17. Who are the labor officials involved in the elections?

a. Labor Arbiter and stenographer

b. Employer and managers
c. Mediator-Arbiter and Election officer
d. None of the above
Rationale: A mediator-arbiter hears and resolves petitions for certification election and an election
officer is an officer of the BLR or Labor Relations Division in the DOLE. These are the officials
involved in the conduct of a certification election.

Source — p. 911

18. What proceeding starts from the opening of the polls up to its closing, including the counting,
tabulation and consolidation of votes, but excluding the period for the final determination of the
challenged votes and the canvass thereof?

a. Certification proceeding
b. Election proceeding
c. Selection proceeding
d. Voting proceeding

Rationale:

ELECTION PROCEEDING.

Broadly, the term "election proceeding' refers to the duration of the election in two (2) situations,
namely:

(a) During a certification election, consent, run-off or re-run election; and

(b) During the election of union officers.

The election proceeding starts from the opening of the polls up to its closing, including the
counting, tabulation and consolidation of votes, but excluding the period for the final determination
of the challenged votes and the canvass thereof.

Source — p. 912

19. Within 24 hours from receipt of the assignment for the conduct of a certification election, the
Election Officer shall cause the issuance of a notice of pre-election conference upon the
contending unions, which shall be scheduled within:

a. 30 calendar days from receipt of the assignment

b. 15 calendar days from receipt of the notice of entry of final judgment
c. 10 calendar days from receipt of the assignment
d. 24 hours from receipt of the notice of entry of final judgment

Rationale: Section 2, Rule IX, Book V, Rules to Implement the Labor Code as amended by
Department Order No. 40-F-03, Series of 2008 [October 30, 2008].

Source — p. 913
20. While the law puts the burden of submitting the list solely upon the employer, the Rules,
however require that the ruling of the Mediator-Arbiter for the conduct of a certification election
should state, among others, which statement:

a. “a directive to the employer and the contending union(s) to submit within fifteen (15) days from
receipt of the order, the certified list of employees in the bargaining unit, or where necessary, the
payrolls covering the members of the bargaining unit for the last three (3) months prior to the
issuance of the order.”
b. “a directive to the employer and the employees to submit within ten (10) days from receipt of
the order, the certified list of employees in the bargaining unit, or where necessary, the payrolls
covering the members of the bargaining unit for the last three (3) months prior to the issuance of
the order.”
c. “a directive to the employer and the contending union(s) to submit within ten (10) days from
receipt of the order, the certified list of employees in the bargaining unit, or where necessary, the
payrolls covering the members of the bargaining unit for the last six (6) months prior to the
issuance of the order.”
d. “a directive to the employer and the contending union(s) to submit within ten (10) days
from receipt of the order, the certified list of employees in the bargaining unit, or where
necessary, the payrolls covering the members of the bargaining unit for the last three (3)
months prior to the issuance of the order.”

Rationale: A certification election can be conducted on the basis of the voters’ list submitted by
the contending unions, instead of the one that should have been submitted by the employer but
which it refused to submit without any valid justification. One reason is that:

While the law puts the burden of submitting the list solely upon the employer, the Rules, however
require that the ruling of the Mediator-Arbiter for the conduct of a certification election should
state, among others, “a directive to the employer and the contending union(s) to submit within ten
(10) days from receipt of the order, the certified list of employees in the bargaining unit, or where
necessary, the payrolls covering the members of the bargaining unit for the last three (3) months
prior to the issuance of the order.” This only means that the contending unions have the right to
submit such list.

Source — p. 914

21. When is the proper time to question the list of qualified voters?

a. During the pre-election conference

b. Thirty (30) days from the date of the first hearing
c. During the actual conduct of certification election
d. Three (3) months prior to the filing of the petition/request of eligible voters
Rationale: The proper time to question the list of qualified voters is during the pre-election
conference. It can no longer be contested during the actual conduct of certification election.

Source — p. 915

22. The posting of the list of employees comprising the bargaining unit shall be done by whom?

a. DOLE personnel
b. CSC personnel
c. Human Resource personnel
d. POEA personnel

Rationale: The posting of the list of employees comprising the bargaining unit shall be done by
the DOLE PERSONNEL. The posting of the notice of election, the information required to be
included therein and the duration of posting cannot be waived by the contending unions or the
employer.

Source — p. 916

23. To ensure secrecy of the ballot, the Election Officer, together with the authorized
representatives of the contending unions shall, before the start of actual voting, inspect what?

a. The polling place, the ballot boxes and the polling booths.
b. The polling station, ballot boxes and polling ballot drop off.
c. The polling balls and polling booths.
d. The ballot boxes only.

Rationale: As laid out in Section 8, [formerly Section 7], Rule IX, Book V, Rules to Implement the
Labor Code, as amended by Department Order No. 40-03, Series of 2003, and as further
amended and re-numbered by section 12, Department Order No. 40-I-15, Series of 2015,
[September 07, 2015], Ibid.

Section 8. Secrecy and Sanctity of the Ballot. - To ensure secrecy of the ballot, the Election
Officer, together with the authorized representatives of the contending unions, shall before the
start of actual voting, inspect the polling place, the ballot boxes and the polling booths.

Source — p. 917

24. All ballots shall be signed at the back by the ____________ and ____________ of the
contending unions.

a. Election Officer; Employer

b. Election Officer; Authorized representative
c. Mediator-Arbiter; Secretary
d. DOLE Secretary; President

Rationale: A party who refuses or fails to sign the ballots waives its right to do so and the Election
Officer shall enter the fact of refusal or failure and the reason therefor in the records of the case.
It must be noted that, by virtue of the "Employer as Bystander" rule, the employer has no right to
sign the ballots.

Source — p. 918

25. Who shall rule on any on-the-spot question relating to and raised during the conduct of the
election?

a. Mediator-Arbiter
b. President of the union
c. Labor Arbiter
d. Election Officer

Rationale: An election-officer shall rule on any on-the-spot question relating to and raised during
the conduct of the election but in no case shall the Election Officer rule on any of the grounds for
challenge specified in the immediately preceding Section 10 because the authority to rule on such
grounds for challenge is vested in the Mediator-Arbiter.

Source — p. 919