LABOR RELATIONS QUESTIONS AND ANSWERS

1. Define labor relations and give examples.

The term labor relations refers to that part of labor law which regulates the relations
between employers and workers.

Examples are the provisions of Book V of the Labor Code which deal with labor
organizations, collective bargaining, grievance machinery voluntary arbitration,
conciliation and mediation, unfair labor practices, strikes, picketing and lockout.

2. Are labor relations and labor standards mutually exclusive?

No, labor relations and labor standards laws are not mutually exclusive. They are
complementary to and closely interlinked with each other. For instance, the laws on
collective bargaining strikes and lockouts which are covered by labor relations law
necessarily relate to the laws on working conditions found in Book III of the Labor Code.

3. If an association is unregistered, may it still be considered an employer?

An unregistered association of landowners may be an employer independent of the

respective members it represents - it being clear that the Labor Code does not require an
employer to be registered before it may come within its purview. To treat it otherwise
would bring about a situation whereby employees are denied, not only redress of
grievances but more importantly, the protection and benefits accorded to them by law
solely because their employer happens to be an unregistered association.

4. Shepherd retired after years of being a Labor Arbiter and lived as a simple person.
After two years, he was hired by Shadow Corporation as a corporate lawyer and
later one of its Board of Directors where he became known in the business world.

Meanwhile, the seat representing the employers sector in the 6 th Division of NLRC is
vacant. Due to his popularity in the business world and taking into consideration his
former job as a labor arbiter, Shepherd was nominated to occupy this vacant
position. Arbiter Makarov, objected to this as he stated members of the Commission
must be an incumbent Labor Arbiter.

Was Makarov’s contention tenable?

No, Makarov’s contention is not tenable because the seat to be occupied by

Shepherd is the one allocated for the employer’s sector and not the one allocated for the
public sector.

The main requirement for nominees of the employer’s sectors is that he should only come
from the said sector which is absolute. Even if he was a former Labor Arbiter, he served
as a corporate lawyer and currently one of the Board of Directors of Shadow Corporation.
It is sufficient to say he is qualified to represent the employers sector.

5. What are the instances the NLRC may sit en banc?

The Labor Code provides the following instances wherein the NLRC may sit en banc:
a. To promulgate rules and regulations governing the hearing and disposition of
cases before any of its divisions and regional branches; and
b. To formulate policies affecting its administration and operations.

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 6. The employer Gil appealed the case before the NLRC but it turns out the Presiding
Commissioner was Emi, the same person who decided the case being appealed. Emi
decided in favor of Altria. A motion for reconsideration was filed by Gil but was
denied, though this time Emi inhibited.

Is the decision valid?

No, the decision is not valid.

Under the law the Division that handed it down was not composed of three (3) impartial
commissioners. In order to eliminate the suspicion partiality, the officer who reviewed
the case on appeal must not be the same person whose decision is the subject of such
review. It cannot be considered impartial since he was the Labor Arbiter who decided the
case under review. He should have inhibited himself from any participation in the case.

7. What are the qualifications of NLRC Chairman and Commissioners?

The following are the qualifications of the Chairman and Commissioners of the NLRC:
a. They must be members of the Philippine Bar;
b. They must have engaged in the practice of law in the Philippines for at least
15 years;
c. They must have experience or exposure in handling labor-management
relations for at least 5 years; and
d. Preferably residents of the region where they shall hold office.

8. Enumerate the qualifications of Labor Arbiters?

The following are qualifications to be appointed as Labor Arbiters:

a) They must be members of Philippine Bar;
b) They must have been engaged in the practice of law in the
Philippines for at least 10 years; and
c) They must have experience or exposure in handling labor-
management relations for at least 5 years.

9. Should Labor Arbiters be residents of the region where they are appointed?

No, it is not a requirement.

Republic Act No. 10741 amended the provisions of Article 222 of the Labor Code that
previously mandated that the Labor Arbiters holding office in the region where they are
appointed should be residents thereat.

With the deletion of this requirement, Labor Arbiters may now be appointed and assigned
at large, wherever their services may be urgently needed, and they are no longer bound by
the restrictive requirement on residency.

10. What is compulsory arbitration?

Compulsory arbitration is arbitration of labor disputes which laws of some communities

force the two sides, labor and management, to undergo. These laws mostly apply when
the possibility of a strike seriously affects the public interest

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 The CIR was empowered to enforce compulsory arbitration between employers or
landlords and employees or tenants, respectively. It had jurisdiction to consider,
investigate, decide and settle all questions, matters, controversies or disputes arising
between employers and employees, landlords and tenants or farm laborers and regulate
their relations.

11. Is the existence of employer – employee relationship a requirement before the

Labor Arbiter exercises jurisdiction?

The existence of employer-employee relationship between the parties-litigants is a pre-

requisite for the exercise of jurisdiction over labor disputes by the Labor Arbiters, the
NLRC and the other labor agencies. A single unifying clement that runs through the cases
and disputes falling under the jurisdiction of the Labor Arbiters is that all the enumerated
cases and disputes under Article 224 [217] arise out of or are in connection with an
employer-employee relationship, or some aspect or incident of such relationship.

Thus, the jurisdiction of Labor Arbiters and the NLRC under Article 224 [217] is limited
to disputes arising from the employer-employee relationship which can be resolved in
reference to the Labor Code or and the other labor agencies.

12. In cases of overseas Filipino workers, is the existence of employer-employee

relationship required in order for LA to acquire jurisdiction?

No. Jurisdiction may be vested even without employer -employee relationship.

In a case, it presents a unique situation where the core issue presented was whether the
Labor Arbiter has jurisdiction to take cognizance of the complaint for illegal dismissal,
damages and attorney's fees filed by petitioner who was not deployed overseas despite
the signing of a POEA-approved employment contract.

It was ruled here that despite the absence of an employer-employee relationship between
petitioner and respondent, the NLRC has jurisdiction over petitioner's complaint this is so
because the jurisdiction of Labor Arbiters is not limited to claims arising from employer-
employee relationships.

13. How is Jurisdiction determined in Labor Cases?

The rule is that the nature of an action and its subject matter as well as the court or
agency of the government that has jurisdiction over it determined by the material
allegations of the complaint in relation to the law involved and the character of the reliefs
prayed for.

14. Does the Labor Arbiter have the power to declare a party in contempt?

Yes, The Labor Arbiter may cite any person for direct or indirect contempt and impose
the appropriate penalty under certain specified grounds.

15. What is the nature of jurisdiction of Labor Arbiters?

The jurisdiction conferred upon a Labor Arbiter is both original and exclusive, meaning,
no other officers or tribunals can take cognizance of or hear and decide the cases falling
under the jurisdiction of the Labor Arbiters.

16. Does Voluntary Arbitrators have a jurisdiction over ULP cases?

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 Yes, voluntary Arbitrators or Panel of Voluntary Arbitrators are expressly granted
jurisdiction to hear and decide ULPs upon mutual agreement of the parties. Such exercise
of jurisdiction is to the exclusion of the Labor Arbiters.

17. Can a federation initiate a ULP case before the Labor Arbiter against its local
chapter?

No. A federation cannot initiate a ULP case before the Labor Arbiter a against its local
chapter and the employer on the ground of illegal dis affiliation. The complaint should
immediately be dismissed for lack of cause of action since the federation, being mere
agent of the member of its local chapter who, in legal contemplation, are considered the
principal, cannot act separately an independently from the later and thus lacks the legal
personality to institute the complaint.

18. What is meant by Grievance or Grievable?

A grievance or grievable issue refers to any question raised by either the employer or the
union regarding any of the following issues or controversies: (1) the interpretation or
application of the CBA; (2) the interpretation or enforcement of company personnel
policies; or (3) any claim by either party that the other party is violating any provisions of
the CBA or company personnel policies.

19. Who has the jurisdiction over termination of employment on the ground of union
security clause?

The Supreme Court ruled that in a situation where termination of employment is effected
on the ground of violation of the union security clause, the jurisdiction belongs to the
Labor Arbiter and not to the Voluntary Arbitrator. The reason is that only issues or
disputes were the parties involve the union and management are cognizable by the
grievance machinery and Voluntary Arbitrator.

20. Does the phrase “all other labor disputes” in article 275(262) automatically confer
jurisdiction on Voluntary Arbitrators?

No, the phrase “all other labor disputes” in article 275(262) does not automatically confer
jurisdiction on Voluntary Arbitrators. There is a need for express stipulation in the CBA
that illegal termination disputes should be resolved by a Voluntary Arbitrator or Panel of
Voluntary Arbitrators since the same fall within a special class of disputes that are
generally within the exclusive original jurisdiction of Labor Arbiters by express provision
of law. Absent such express stipulation, the phrase “all disputes” should be construed as
limited to the areas of conflict traditionally within the jurisdiction of Voluntary
arbitrators, i.e., disputes relating to contract-interpretation, contract-implementation, or
interpretation or enforcement of company personnel policies.

21. What are the classification of money claims falling under the exclusive and original
jurisdiction of the Labor Arbiter?

The classification of money claims falling under the exclusive and original jurisdiction of
the Labor Arbiter are the following:
a. Any money claim, regardless of amount, accompanied with a claim for
reinstatement; or

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 b. Any money claim, regardless of whether accompanied with a claim for
reinstatement, exceeding the amount of five thousand pesos (5,000.00 php)
per claimant.

22. What is the power to assume jurisdiction or certify “national interest” labor
disputes to NLRC?

When, in his opinion, there exists a labor dispute causing or likely to cause a strike or
lockout in an industry indispensable to the national interest, the Secretary of Labor and
Employment may assume jurisdiction over the dispute and decide it or certify the same to
the Commission for compulsory arbitration.

23. What are the principles that affect the exercise of jurisdiction of DOLE Secretary?

There are certain principles that are well-recognized in relation to the exercise by the
DOLE Secretary of his assumption and certification powers, they are:
• Principle of subsumation or absorption; and
• Principle of territoriality.

24. . What is the present rule under RA 7730, which abandons the ruling in Servando
case?

The DOLE Secretary or his duly authorized representatives (“Duly authorized

representatives” refer to “Regional Directors”) may exercise such powers regardless of
the amount of the monetary claims involved. Consequently, while it is true that under
said articles, the Labor Arbiter has jurisdiction to hear and decide cases where the
aggregate money claims of each employee exceeds P5,000.00, these provisions of law do
not contemplate or cover the visitorial and enforcement powers of the DOLE Secretary or
his duly authorized representatives.

25. Ex-Bataan Veterans Security Agency, Inc. (EBVSAI), private respondents, is in the
business of providing security services while private complainants, TUBIG
BAYANI, NOGNOG, ALEXANDER and JABAR, are EBVSAI's employees
assigned to the National Power Corporation at Ambuklao Hydro Electric Plant,
Bokod, Benguet (Ambuklao Plant). On 20 February 1996, TUBIG BAYANI,
NOGNOG, ALEXANDER and JABAR, instituted a complaint for underpayment
of wages against EBVSAI before the Regional Office of the Department of Labor
and Employment (DOLE).

On 7 March 1996, the Regional Office conducted a complaint inspection at the

Ambuklao Plant where the following violations were noted: (1) non-presentation of
records; (2) non-payment of holiday pay; (3) non-payment of rest day premium; (4)
underpayment of night shift differential pay; (5) non-payment of service incentive
leave; (6) underpayment of 13th month pay; (7) no registration; (8) no annual
medical report; (9) no annual work accidental report; (10) no safety committee; and
(11) no trained first aider.

On the same date, the Regional Office issued a notice of hearing requiring EBVSAI
(respondents) and TUBIG, NOGNO, ALEXANDER and JABAR, to attend the
hearing on 22 March 1996. EBVSAI filed a motion for reconsideration and alleged
that the Regional Director does not have jurisdiction over the subject matter of the
case because the money claim of each private respondent exceeded P5, 000. EBVSAI
pointed out that the Regional Director should have endorsed the case to the Labor
Arbiter.

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 Does the Regional director have jurisdiction over the case, notwithstanding the fact
that the money claims sought exceeds Php 5,000.00?

Yes. The visitorial and enforcement powers of the DOLE Regional Director to order and
enforce compliance with labor standard laws can be exercised even where the individual
claim exceeds P5, 000.

It was held in one of the cases that the DOLE regional director validly assumed
jurisdiction over the money claims of private respondents even if the claims exceeded
Php 5,000.00 because such jurisdiction was exercised in accordance with Article 128(b)
and the case does not fall under the exception clause.

26. Sometime in 1997, KINAS filed a complaint for underpayment of wages, regular
holiday pay, overtime pay, nonpayment of 13th month pay and service incentive
leave pay against its employer ABUSADO before the Regional Office, NCR of the
Department of Labor and Employment (DOLE). Acting on the complaint, Regional
Director PAASA issued an inspection authority to Senior Labor Enforcement
Officer ALAWI.

On 22 August 1997, an inspection was conducted on the premises of ABUSADO’s

offices wherein the following violations of labor standards law were discovered, to
wit: non presentation of employment records (payrolls and daily time records);
underpayment of wages, regular holiday pay, and overtime pay; and nonpayment of
13th month pay and service incentive leave pay. On the same day, the Notice of
Inspection Result was received by and explained to ABUSADO, with the
corresponding directive that necessary restitution be effected within five days from
said receipt.

As no restitution was made, the Regional Office thereafter conducted summary

investigations. However, despite due notice, ABUSADO failed to appear for two
consecutive scheduled hearings. Furthermore, ABUSADO failed to question the
findings of the Labor Inspector received by and explained to the corporation’s
manager.

Thus, on 6 November 1997, Regional Director PAASA issued the assailed Order, the
decretal portion of which reads:

WHEREFORE, premises considered, respondent ABUSADO is hereby ordered

to pay KINAS the total amount of ONE MILLION THREE HUNDRED
EIGHTY-TWO THOUSAND THREE HUNDRED
THIRTY-TWO PESOS and 80/100 (P1,382,332.80) corresponding to
their claims within ten (10) days from receipt hereof, otherwise, a WRIT
OF EXECUTION shall be issued.

ABUSADO questions the decision of the Regional Director, arguing that the
Regional director had no jurisdiction over the case, and that the same should have
been forwarded to the LABOR ARBITER.

Does Regional Director PAASA have jurisdiction over this case?

Yes. The Regional Director had jurisdiction to try this case.

Jurisprudence held that if there still exists an e-e relationship between petitioner and
private respondents at the time of the filing of the case, and that the case involves

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 violations of the Labor standard provisions of the Labor code, the DOLE-RD has
jurisdiction to hear and decide the instant case in conformity with Article 128(b). On the
contrary, where the e-e relations have been severed, complaints or claims for payment of
monetary benefits fall within the exclusive and original jurisdiction of the Labor Arbiters.

In this case, since there still existed an e-e relationship between KINAS and ABUSADO,
at the time of the filing of the complaint, it is but proper that REGIONAL DIRECTOR
PAASA, validly assumed jurisdiction over the case.

27. What are the 3 requisites in order to divest the DOLE secretary or his duly
authorized representatives from issuing writs of execution to the appropriate
authority?

The following are the requisites to divest the Secretary of Labor form issuing a writ of
execution:
a. That the employer contests the findings of the labor regulations officer and raises
issues thereon;
b. That in order to resolve such issues, there is a need to examine evidentiary
matters; and
c. That such matters are not verifiable in the normal course of inspection.

28. What are the two classes of corporations recognized under the 1987 Constitution?

The following are the two corporations recognized under the 1987 Constitution:
a) Private Corporations- created under the general law; and
b) Government-Owned or Controlled Corporation created by special charters.

29. What is “ecclesiastical Affair”?

An “ecclesiastical affair” is one that concerns doctrine, creed, or form of worship of the
church, or the adoption and enforcement within a religious association of needful laws
and regulations for the government of its membership, and the power of excluding from
such association those deemed unworthy of membership.

30. What are the rights of a Member-employee of a Cooperative?

The right of a member-employee of a cooperative:

a) to collective bargaining; and
b) to assert compliance by the cooperative with the law and to file illegal dismissal
and monetary claims cases in appropriate situations.

31. Enumerate 3 issues or cases that do not fall under the jurisdiction of the Labor
arbiters.

The following are the cases that do not fall under the jurisdiction of the labor arbiters:
a) Claims for damages arising from breach of non-compete clause and other
postemployment prohibitions;
b) Claims for payment of cash advances, appliance and other loans of
Employees;
i. Dismissal of corporate officers and their monetary, claims;
ii. Issues involving suspension of payment of debts (rehabilitation
receivership);
iii. Cases involving entities immune from suit;
iv. Cases falling under the doctrine of forum non conveniens;

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 v. Quasi-delict or tort cases;
vi. Criminal and civil liabilities arising from violations of certain
provisions of the Labor Code; and
vii. Constitutionality of CBA provisions.

32. Distinguish a corporate officer from an employee.

An 'office' is created by the charter of the corporation and the officer is elected by the
directors or stockholders. On the other hand, an 'employee' occupies no office and
generally is employed not by the action of the directors or stockholders but by the
managing officer of the corporation who also determines the compensation to be paid to
such employee.

33. Who has the jurisdiction over the case of illegal dismissal of corporate officers?

Where the complaint for illegal dismissal concerns a corporate officer, the controversy
falls under the jurisdiction of the RTC because the controversy arises out of intra-
corporate or partnership relations: (1) between and among stockholders, members, or
associates; or (2) between any or all of them and the corporation, partnership, or
association of which they are stockholders, members, or associates, respectively; and (3)
between such corporation, partnership, or association and the State insofar as the
controversy concerns their individual franchise or right to exist as such entity or because
the controversy involves the election or appointment of a director, trustee, officer, or
manager of such corporation, partnership, or association.

34. AA was appointed as Vice President for nationwide expansion by BB, the general
manager of DBD Corp. After sometime AA was dismissed by the DBD Corp. AA
then filed a complaint for illegal dismissal against DBD Corp. and some of its
corporate officers before the Labor Arbiter. DBD Corp. moved to dismiss the
complaint on the ground of lack of jurisdiction because the issue was intra-
corporate inasmuch as AA was a member of DBD’s Board of Directors aside from
being its Vice-President for Finance and Administration prior to his termination.

AA, in opposing the motion filed by DBD Corp., alleged that his status as a member
of the Board was doubtful since he was not formally elected and he did not own a
single share of stock. Even assuming that he had been a Director of DBD Corp., he
had been removed as the Vice President for Finance and Administration, not as a
Director, a fact that the notice of his termination dated April 10, 2000 showed

Is AA a corporate officer of DBD Corp.? Is the case cognizable by the RTC?

AA is not a corporate officer because a position must be expressly mentioned in the By-
Laws in order to be considered as a corporate office. Thus, the creation of an office
pursuant to or under a By-Law enabling provision is not enough to make a position a
corporate office.

An "office" is created by the charter of the corporation and the officer is elected by the
directors or stockholders. On the other hand, an employee occupies no office and
generally is employed not by the action of the directors or stockholders but by the
managing officer of the corporation who also determines the compensation to be paid to
such employee.

In this case, AA was appointed as the vice president for nationwide expansion by BB,
DBD’s general manager, not by the board of directors of DBD Corp. It was also BB who
determined the compensation package of AA. Thus, AA was an employee and not a
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 "corporate officer." Hence, the case is cognizable by the Labor Arbiter and not by the
RTC.

35. What are the two tests that can be used to determine whether a dispute is
intracorporate or not?

The two tests that should be considered in order to determine whether a dispute
constitutes an intra-corporate controversy or not, namely:
a) The status or relationship of the parties or Relationship test;
b) The nature of the question that is subject of their controversy or Nature of the
Controversy Test.

36. On January 1, 1992, Happy was elected Executive Vice President and Treasurer
(EVP/Treasurer) of SandBox Corporation. As EVP/Treasurer, his duties and
responsibilities included: (1) the management of the finances of the company; (2)
carrying out the directions of the President and/or the Board of Directors regarding
financial management; and (3) the preparation of financial reports to advise the
officers and directors of the financial condition of SandBox Corporation. Happy
held this position for 13 years, having been re-elected every year since 1992, until
January 21, 2005, when he was nominated and elected Chairman of SandBox’s
Board of Directors.

On August 5, 2005, a little over seven (7) months after his election as Chairman of
the Board, the SandBox Board held a special meeting at the Manila Polo Club. One
of the items of the agenda was the election of a new set of officers. Unfortunately,
Happy was neither re-elected Chairman nor reinstated to his previous position as
EVP/Treasurer.

Aggrieved, on June 19, 2007, Happy filed a complaint for illegal dismissal with
prayer for reinstatement, payment of backwages, damages and attorney’s fees
before the Labor Arbiter against SandBox Corporation and Jolly, who was then the
President of SandBox Corporation.

Is the case cognizable by the Labor Arbiter?

No, the case is not within the jurisdiction of the Labor Arbiter because the issue of his
removal is an intra-corporate dispute which is cognizable by the RTC. Happy is
considered as a corporate officer and not an employee of SandBox Corporation.

Corporate officers are officers of a corporation who are given that character either by the
Corporation Code or by the corporation’s by-laws.

In this case, Happy was a corporate officer who held the position of Executive
VicePresident/Treasurer as provided in the by-laws of Sandbox Corporation and that he
held such position by virtue of election by the Board of Directors.

37. Who is an emigrant? Is the term “emigrant” still being used now?

An emigrant means any person, worker or otherwise, who emigrates to a foreign country
by virtue of an immigrant visa or resident permit or its equivalent in the country of
destination.

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 This term, however, is no longer found in recent enactments nor in their Implementing
Rules. Apparently, emigrant is now referred to as “legal resident” and is defined in the
1996 Omnibus Rules and Regulation as a “person who has obtained permanent residency
status in accordance with the law of the host country.”

38. What are the differences between Migrant workers (MWs) and overseas Filipino
workers (OFWs)?

There are no differences. R.A. No. 8042 points out that the terms “migrant worker” and
“overseas Filipino worker” may be used interchangeably, thus: “Migrant worker” refers
to e person who is to be engaged, is engaged or has been engaged in a remunerated
activity in a state of which he or she is not a legal resident to be used interchangeably
with overseas Filipino worker.

39. What is the effect on the jurisdiction of the labor arbiters and NLRC if the former
employer’s assets are placed under rehabilitation receivership or liquidation?

The jurisdiction conferred by law upon Labor Arbiters and the NLRC would not be lost
simply because the assets of a former employer have been placed under rehabilitation
receivership or liquidation. It is merely suspended.

40. What is the exception to the rule that immune entities may be sued for labor law
violations?

When the function of the entity otherwise immune from suit partakes of the nature of a
proprietary activity, such entity may be sued for labor law violations relating to the
discharge of such function.

41. What are the requisites of a forum non conveniens?

The following are the requisites for a forum non conveniens:

a) That the Philippine court is one to which the parties may conveniently resort;
b) That the Philippine court is in a position to make an intelligent decision as to
the law and the facts; and
c) That the Philippine court has or is likely to have power to enforce its decision.

42. What is visitorial power?

The Secretary of Labor or his duly authorized representatives may, at any time. Inspect
the premises, books of accounts and records of any person or entity covered by this title,
require it to submit reports regularly on prescribed forms, and act on violation of any
provisions of this Title.

43. What is the Halaguena doctrine?

It held that it is not the Labor Arbiter but the regular court which has jurisdiction to rule
on the constitutionality of Collective Bargaining Agreement (CBA) provisions.

44. State the periods in which the Labor Arbiters should decide cases.

The Labor Arbiters shall have original and exclusive jurisdiction to hear and decide,
within thirty (30) calendar days after the submission of the case by the parties for
decision without extension, even in the absence of stenographic notes, the following

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 cases involving all workers, whether agricultural or non-agricultural. Note the periods is
mandatory.

45. Is a motion for reconsideration to the DOLE Secretary’s decision a prerequisite to

the filing of Petition for Certiorari under Rule 65 to the Court of Appeals?

Yes.

In a case ruled by the Supreme Court, reiterated the rule on the mandatory filing of a
motion for reconsideration prior to the institution of a Rule 65 petition for certiorari from
the decision of quasi-judicial administrative agencies which, in this case, refers to the
DOLE Secretary.

Most notably, the decision herein rendered has clarified that while a government office
may prohibit altogether the filing of a motion for reconsideration with respect to its
decisions or orders, the fact remains that certiorari inherently requires the filing of a
motion for reconsideration which is the tangible representation of the opportunity given
to the office to correct itself. Unless it is filed, there could be no occasion to rectify.

Worse, the remedy of certiorari would be unavailing. Simply put, regardless of the
proscription against the filing of a motion for reconsideration, the same should be filed on
the assumption that rectification of the decision or order must first be obtained and before
a petition for certiorari should be instituted.

46. What is the only mode of elevating decisions of the Court of Appeals to the Supreme
Court in cases originating from the DOLE Secretary?

The only mode of elevating decisions of the Court of Appeals to the Supreme Court in
cases originating from the DOLE Secretary a Petition for Review on Certiorari under
Rule 45. Since the CA has jurisdiction over Rule 65 petitions for certiorari that may be
filed before it from the decisions of the DOLE Secretary.

Any alleged errors committed by it in the exercise of its jurisdiction would be errors of
judgment which are reviewable by means of a timely appeal to the Supreme Court
through a Rule 54 petition for review on certiorari and not by way of a Rule 65 special
civil action of certiorari.

Rule 45 is clear that the decisions, final orders or resolutions of the CA in any case, i.e.,
regardless of the nature of the action or proceeding involved, may be appealed to the
Supreme Court by filing a petition for review, which would be but a continuation of the
appellate process over the original case. Under Rule 45, the reglementary period to appeal
is 15 days from notice of judgment or denial of the motion for reconsideration.

47. Does the POEA have jurisdiction to hear money claims cases of OFWs?

No, the POEA ceased to have any jurisdiction over money claims of OFWs, or those
arising out of an employer-employee relationship or by virtue of any law or contract
involving Filipino workers for overseas deployment including claims for actual, moral,
exemplary and other forms of damages. The jurisdiction over these claims was
transferred to the Labor Arbiters of the NLRC.

Consequently, appeals from decisions of the Labor Arbiter may be instituted to the
Commission (NLRC).

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 48. What are the additional powers of the Commission?

The following are the additional powers of the commission:

a) Power to grant extraordinary remedies;
b) Power to conduct ocular inspection; and
c) Power to conciliate and mediate.

49. Can the Labor Arbiter administer oath in cases pending before the Commission?

No, the power to administer oath is expressly granted to the Commission.

50. Does the NLRC or the Labor Arbiter have jurisdiction to rule on indirect
contempt?

Yes, Rule 71 of the Rules of Court does not require the Labor Arbiter or the NLRC to
initiate indirect contempt proceedings before the trial court. This mode is to be observed
only when there is no law granting them contempt powers. Since Article 225(d) [218(d)]
expressly grants both direct and indirect contempt power to the Labor Arbiter and the
NLRC, they do not need to cite persons for indirect contempt by initiating it to the
Regional Trial Court (RTC).

49. Explain the extent of the workers right to participate in policy and decision making
process as provided under Article XIII, Section 3 of the Philippine Constitution.
Does it include membership in the Board of Directors of a corporation?

Workers shall participate in policy and decision making affecting their rights, duties,
welfare and benefits, through labor management councils. The worker’s rights do not
include membership in the Board of Directors of a Corporation.

50. What is the principle of codetermination?

The principle of codetermination is one which grants to the workers the right to
participate in policy and decision making processes affecting their rights and benefits.

51. Explain the impact of the union security clause to the employees’ right to security
of tenure.

A valid union security clause when enforced or implemented for cause, after according
the worker his substantive and procedural due process rights not violate the employee’s
right to security of tenure. Art. 248(e) of the labor Code allows union security clauses and
a failure to comply with the same is a valid ground to terminate employment. Union
security clauses designed to strengthen unions and valid law policy.

52. What is the requirement to be considered a pauper litigant?

In order to qualify as a pauper litigant, the person need not be so poor that he must be
supported at public expense. It is sufficient that the complainant is indigent, a person who
has property or sources of income sufficient for his support aside from his own labor
though self-supporting when able to work and in employment.

53. What is company-level due process as opposed to the labor court due process?

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 Company-level due process refers to the due process that should be afforded by the
employer to an employee prior to the latter's termination. Labor court due process, on the
other hand, refers to the due process required to be afforded to the parties in termination
cases filed before such labor authorities as the Labor Arbiter and the NLRC.

54. What are the requirements in order for a labor complaint or petition to be valid?

The two (2) requirements in order for a labor complaint or petition to be valid are:
a. signed under oath by the complainant or petitioner; and
b. accompanied with a declaration of non-forum shopping.

55. What is the effect of an Attorney signing the Certificate against Forum Shopping?

A petition is dismissible outright for being accompanied by a defective certification of

non-forum shopping signed by the lawyer instead of the complainants as the principal
parties. It has been repeatedly emphasized that in the case of natural persons, the
certification against forum shopping must be signed by the principal parties themselves
and not by the attorney.

56. What is the Venue for Cases which the Labor Arbiters have Authority to hear and
decide?

All cases which Labor Arbiters have authority to hear and decide may be filed in the
Regional Arbitration Branch (RAB) of the NLRC having jurisdiction over the workplace
of the complainant or petitioner.

For purposes of venue, the workplace shall be understood as the place or locality where
the employee is regularly assigned at the time the cause of action arose, it shall include
the place where the employee is supposed to report back after a temporary detail,
assignment, or travel. In the case of field employees as well as ambulant or itinerant
workers, their workplace is where they are regularly assigned, or where they are supposed
to regularly receive their salaries or wages or work instructions from, and report the
results of their assignment to, their employers.

57. What is the rule in case there is a Conflict in Venue?

Where two (2) or more RABs of the NLRC have jurisdiction over the workplace of the
complainant or petitioner, the Branch that first acquired jurisdiction over the case shall
exclude the others.

58. Rod Digs is (was?) employed as a regular sugar farm worker of Hacienda Go in
Talisay, Negros Occidental. He filed a complaint for illegal dismissal, reinstatement,
payment of backwages, and attorney’s fees against Hacienda Go/Harry Roque.
Harry Roque claimed that he was merely the administrator of Hacienda Go which
was owned by Go Agricultural and Development Corporation (GADC).

The NLRC ruled in favor of Rod Digs, and ordered GADC liable to pay jointly and
severally, with Harry Roque the claims of Rod Digs. GADC claims that the NLRC
acted without or in excess of jurisdiction or with grave abuse of discretion when it
included motu proprio GADC as a party respondent. Is GADC’s claim tenable?

No. A corporate employer is deemed to have had its day in court even if it was only its
unregistered trade name and its administrator/manager which/who were impleaded in a
case before a labor tribunal. The non-inclusion of the corporate name of such corporation

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 is a mere procedural error which does not affect the jurisdiction of the labor tribunal. This
is so because a corporation may be sued under the name by which it makes itself known
to its workers.

59. Duturtle Construction Corp. (DCC) dismissed its Project Manager Engr. Jose
Reyes, allegedly for his gross negligence on the job which resulted to the tilting and
falling of a crane along the Skyway Extension in Muntinlupa. Engr. Reyes filed an
illegal dismissal case against DCC. During the pendency of the proceedings, Engr.
Reyes died because of a stroke. What is the effect of his death?

Engr. Reyes’s death does not affect the ongoing case. The case may still proceed
provided that he is substituted by his heirs.

In case a complainant dies during the pendency of the proceedings, he/she may be
substituted by his/her heirs.

60. How can the Labor Arbiter acquire jurisdiction over the parties?

The Labor Arbiter acquires jurisdiction over the parties in cases before him either:

1. by summons served on them; or

2. by their voluntary appearance before the Labor Arbiter.

61. What are the instances when a motion for intervention is proper? When is it
improper?

When proper, a Motion for intervention in labor cases may be allowed.

When not proper, Individual intervenors cannot be allowed to intervene if they are
already represented in the suit by a party authorized by law to represent them.

While the rule allows such intervention, they, however, failed to consider, in addition to
the rule on intervention, the rule on representation, a labor union is one such party
authorized to represent its members which provides that a union may act as the
representative of its members for the purpose of collective bargaining. This authority
includes the power to represent its members for the purpose of enforcing the provisions
of the CBA.

Moreover, motions for intervention cannot be allowed if the party's own appeal/petition
for review has already been denied with finality. Intervenors cannot re-open their case or
recover their lost appeal by intervention

62. What is the rule on filing of pleadings by ordinary mail or private messengerial
service?

The rule is that when a pleading is filed by ordinary mail or by private messengerial
service, it is deemed filed only on the day it is actually received by the court, not the day
it was mailed or delivered to the messengerial service.

63. What is the rule on service of decision and final awards in labor cases?

In case of decisions and final awards, copies thereof should be served on both parties and
their respective counsels or representatives through any of the following modes:
a. By personal service;

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 b. By Registered mail;
c. By private courier service.

Exceptions.
The exceptions to this rule are as follows:
a. In cases where a party to a case or his/her counsel on record personally seeks
service of the decision upon inquiry thereon, in which case, service to said party
is deemed effected; and
b. Where parties are numerous, service shall be made on counsel and upon such
number of complainants as may be practicable and shall be considered substantial
compliance with Article 230(a) [224(a)] of the Labor Code.

64. What are the roles of the Labor Arbiter, Labor Arbitration Associate and
authorized personnel in Mandatory Conciliation and Mediation Conference?

The Labor Arbiter is required to personally preside over and take full control of the
proceedings. However, he may be assisted by the Labor Arbitration Associate in the
conduct thereof.

In areas where there is no Labor Arbiter assigned, conciliation and mediation may be
conducted by a Labor Arbitration Associate, any other NLRC personnel with sufficient
training and knowledge on conciliation and mediation, authorized by the Chairman or a
duly authorized personnel of the Department of Labor and Employment, pursuant to any
Memorandum of Agreement executed for this purpose.

65. What is the effect of having a compromise agreement?

A compromise agreement is deemed final and binding upon the parties and shall have the
force and effect of a judgment rendered by the Labor Arbiter.

66. Is an amendment of position paper allowed?

An amendment of the pleadings, such as position papers, may be made to conform to an

authorized presentation of evidence. When issues not raised by the pleadings are tried by
express or implied consent of the parties, they shall be treated in all respects as if they
have been raised in the pleadings. Such amendment of the pleadings as may be necessary
to cause them to conform to the evidence and to raise these issues may be made upon
motion of any party at any time, even after judgment; but failure to amend does not affect
the result of the trial on the issues.

67. What is the effect of non-appearance of parties during hearing?

In case of non-appearance of any of the parties during the hearing or clarificatory

conference despite due notice, the proceedings shall be conducted ex-parte. Thereafter,
the case shall be deemed submitted for decision.

68. Is hearing or trial before the Labor Arbiter a matter of right of parties? (page 211)

No. The parties may ask for a hearing but such hearing is not a matter of right on their
part that they can demand. In a catena of cases, it has been consistently declared that the
Labor Arbiter, in the exercise of his discretion, may deny such request and proceed to
decide the case on the basis of the position papers and other documents brought before

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 him without resorting to technical rules of evidence as observed in regular courts of
justice.

69. What is Admission by Silence?

Admission by silence is an act or declaration made in the presence and within the
hearing or observation of a party who does or says nothing when the act or declaration is
such as naturally to call for action or comment if not true, and when proper and possible
for him to do so, may be given in evidence against him.

70. Is the concept of conspiracy in criminal cases applicable to labor cases?

Yes, the concept of conspiracy in criminal cases is applicable to labor cases. It is

elementary that “when there is a conspiracy, the act of one is the act of all the
conspirators, and a conspirator may be held as a principal even if he did not participate in
the actual commission of every act constituting the offense. In conspiracy, all those who
in one way or another helped and cooperated in the consummation of the crime are
considered co-principals

71. What is the required period for the Labor Arbiter to render a decision?

The Labor Arbiter is required to render his decision within 30 calendar days, without
extension, after the submission of the case by the parties for decision, even in the absence
of stenographic notes; provided however, that cases involving OFWs should be decided
within 90 calendar days after the filing of the complaint.

72. What must be stated in a decision or order of the Labor Arbiter?

The decisions and orders of the Labor Arbiter should be clear and concise and must
include a brief statement of the following:
a. Facts of the case;
b. Issue/s involved;
c. Applicable laws or rules;
d. Conclusions and the reasons therefor; and
e. Specific remedy or relief granted.

73. Is a Motion for Reconsideration or a Petition for Relief from Judgment from the
Judgment of a Labor Arbiter allowed?

No it is not allowed under Section 5d and Rule V of the 2011 NLRC Rules of Procedure.
To entertain such motion for reconsideration will permit the movant to violate the
statutory 10-calendar day period requirement for appeals

74. X received the decision and order of the Labor arbiter on November 11, 2015. X
filed an appeal with the Regional Arbitration Branch on November 25, 2015. Will
the appeal prosper?

No the appeal will not prosper, the decision or order of the Labor Arbiter shall become
final and executory after ten (10) calendar days from receipt thereof by the counsel or
authorized representative or the parties, if not assisted by counsel or representative.

75. Suppose X prosecuted his appeal to the NLRC by himself and forgot to attach a
verification in his appeal of the decision of the Labor Arbiter, will the appeal
prosper?

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 Yes, it will still prosper.

In a case where the employee prosecuted his appeal by himself; the lack of verification or
oath in the appeal memorandum is not fatal.

A pleading which is required under the Rules of Court to be verified may be given due
course even without a certification, if the circumstances warrant the suspension of the
rules in the interest of justice.

76. A non-lawyer may appear before the Commission or any Labor Arbiter only:

A non-lawyer may appear before the Commission or any Labor Arbiter only: 1) If they
represent themselves; or 2) If they represent their organization or members thereof.

77. Requirements on appearance of lawyers.

A lawyer appearing for a party is presumed to be authorized for that purpose. In every
case, he/she shall indicate in his/her pleadings and motions his/her Attorney's Roll
Number, as well as higher Professional Tax (PTR) and Integrated Bar of the Philippines
(IBP) numbers for the current year and Mandatory Continuing Legal Education (MCLE)
compliance.

78. Meaning of appearance of non-lawyers before Labor Arbiters/Commission.

It shall mean appearance during the mandatory conciliation and mediation conferences
and scheduled hearings and signing of pleadings. Attendance for the sole purpose of
simultaneous filing of position papers and other pleadings shall not be considered as
appearance.

79. X comes to you for advice regarding the decision of the Labor Arbiter in relation to
his case where the latter declared that there was no illegal dismissal and denied his
claims for separation pay. What remedy can he avail of if only two days had passed
after he was served with the decision of the Labor Arbiter?

X may still appeal the decision if any of the following grounds exist:

a) If there is prima facie evidence of abuse of discretion on the part of the Labor
Arbiter;

b) If the decision, order or award was secured through fraud or coercion,

including graft and corruption;

c) If serious errors in the findings of facts are raised which would cause grave or
irreparable damage or injury to the appellant.

80. The rule is that a party who does not appeal from a decision of a court cannot
obtain affirmative relief other than that granted in the appealed decision. Is this an
absolute rule?

No. Jurisprudence instructs that affirmative relief is still available to a party who did not
appeal:

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 a. where there are (1) errors affecting the lower court's jurisdiction over the
subject matter, (2) plain errors not specified, and (3) clerical errors; or

b. to serve the interest of justice or to avoid dispensing piecemeal justice.

81. In an illegal dismissal case, the monetary award for separation pay was reduced by
the NLRC. The employee did not appeal within the reglementary period.

What are the effects of failure of a party to appeal a decision that is favorable to
him?

If the decision is favorable to the party who failed to appeal, his failure to appeal does not
preclude him from praying that he be awarded the monetary benefits.

The NLRC had already declared that he was illegally dismissed.

Thus, the NLRC is mandated to award him the monetary benefits due under the law.

81. Grounds for Appeal to The NLRC

UNDER ARTICLE 229 [223]:

a. Four grounds only.

The appeal to the NLRC may be entertained only on any of the following
grounds:

1. If there is a prima facie evidence of abuse of discretion on the part of the

Labor Arbiter or DOLE Regional Director;

2. If the decision, award or order was secured through fraud or coercion,

including graft and corruption;

3. If made purely on questions of law; and/or

4. If serious errors in the findings of facts are raised which, if not corrected,
would cause grave or irreparable damage or injury to the appellant.

82. Effect of miscomputation of the reglementary period.

Miscomputation of the reglementary period will not result in forestalling the finality of
the judgment. Any holding to the contrary will necessarily leave to the whim of the losing
party, the determination of the definite and executory nature of the judgment. It is in the
interest of everyone that the date when judgments become final and executory should
remain fixed and ascertainable.

83. What are requisites for perfection of an appeal to the NLRC are as follows:

The requisites for perfection of an appeal to the NLRC are as follows:

1) Reglementary period. — The appeal should be filed within the reglementary

period.

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 2) Form of appeal. — The appeal should be in the form of a Memorandum of
Appeal which shall state the grounds relied upon and the arguments in
support thereof, the relief prayed for, and with a statement of the date the
appellant received the appealed decision, award or order.

3) Verification. - The Memorandum of Appeal should be verified by the

appellant himself/herself in accordance with the Rules of Court.

4) Number of copies. - The Memorandum of Appeal should be written in three

(3) legibly typewritten or printed copies.

5) Accompanying proofs. - The Memorandum of Appeal should be accompanied

by:

i. proof of payment of the required appeal fee and legal research fee;

ii. posting of a cash or surety bond; and

iii. proof of service upon the other parties

Substantially, the salient considerations of the above requisites are the following:

(1) Reglementary period;

(2) Appeal and legal research fee;
(3) Memorandum of appeal;
(4) Proof of service; and
(5) Posting of cash, property or surety bond, in case of monetary awards.

The discussion of the foregoing requisites will follow the above order of
presentation in seriatim.

84. In appeals under the NLRC Rules of Procedure, is a Certificate of Non-Forum

Shopping required to be attached?

No. Rhe certificate of non-forum shopping is no longer require the appendage of a

certificate of non-forum shopping to the Memorandum of Appeal for purposes of
perfecting the appeal.

It is only required in the initiatory complaint or petition filed with the Labor Arbiter.

85. A, the appellant, failed to allege a material date in his appeal memorandum. B, the
appellee, insists that the failure to state the material dates is fatal to A’s appeal to
the NLRC and to his present position in this case. Is B correct?

No. The failure of the appellant to allege a material date in the appeal memorandum is an
innocuous mistake which does not generally cause any prejudice to the parties. The same
constitutes, at most, a reversible error.

In the same case of Sutherland, petitioner Sutherland insists that the failure to state the
material dates is fatal to Labrador's appeal to the NLRC and to his present position in this
case. The Court, however, found this argument of petitioner Sutherland unmeritorious as
technical rules are not necessarily fatal in labor cases; they can be liberally applied if – all
things being equal - any doubt or ambiguity would be resolved in favor of labor. These
technicalities and limitations can only be given their fullest effect if the case is

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 substantively unmeritorious; otherwise, and if the defect is similar to the present one and
can be verified from the records (as in this case), the Court has the discretion not to
consider them fatal.

86. Does the failure of the appellant to furnish a copy of the memorandum of appeal to
the other party (appellee) constitute a fatal defect which would warrant a dismissal
of his appeal?

No. While Article 229 [223] and the 2011 NLRC Rules of Procedure require the party
intending to appeal from the Labor Arbiter's ruling to show proof of service by furnishing
the other party a copy of his memorandum of appeal, the Supreme Court has held that the
mere failure to serve the same upon the opposing party does not bar the NLRC from
giving due course to an appeal.

Such failure is only treated as a formal lapse, an excusable neglect and, hence, not a
jurisdictional defect warranting the dismissal of an appeal.

Instead, the NLRC should require the appellant to provide the opposing party copies of
the notice of appeal and memorandum of appeal.

87. What is the remedy in the case the employee failed to post a bond to perfect the
appeal?

The remedy of the employee is to file a motion to the dismiss appeal and not a petition
for mandamus for the issuance of a writ of execution. Since the posting of a bond for the
perfection of an appeal is both mandatory and jurisdictional, the decision of the Labor
Arbiter sought to be appealed to the NLRC becomes final and executory upon the failure
of the employer to post the bond.

88. What are the seven (7) documents required to accompany the bond?

The surety bond should be accompanied by original or certified true copies of the
following documents:

(1) A joint declaration under oath by the employer, his/her counsel, and the
bonding company, attesting that the bond posted is genuine, and shall be in
effect until final disposition of the case.

(2) An indemnity agreement between the employer-appellant and bonding

company;

(3) Proof of security deposit or collateral securing the bond: provided, that a
check shall not be considered as an acceptable security;

(4) A certificate of authority from the Insurance Commission;

(5) Certificate of registration from the Securities and Exchange Commission;

(6) Certificate of accreditation and authority from the Supreme Court; and

(7) Notarized board resolution or secretary's certificate from the bonding

company showing its authorized signatories and their specimen signatures.

89. When is an appeal bond considered bogus?

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 An appeal bond is considered bogus if it was issued by an officer no longer connected for
a long time with the bonding company.

The bond not being genuine, the liberal interpretation of the rule on appeal bond cannot
be applied.

In effect, there is really no bond posted since a fake or expired bond is, in legal
contemplation, merely a scrap of paper.

90. Suppose X Multi-Purpose Cooperative appealed a decision by the NLRC to the CA

but they noted that they are not required to post a bond because under the
Cooperative Code, Article 62, paragraph (7), it states that all cooperatives are
exempt from putting up a bond for bringing an appeal against the decision of an
inferior court. They believe that NLRC is within the purview of “inferior court.”
Are they correct in assailing such?

No, they are not. In a case, the Supreme Court said that “courts” refer to courts of law.

It does not extend to quasi-judicial bodies like the NLRC unless otherwise clearly and
expressly indicated in the wording of the statute.

Simply because these tribunals or agencies exercise quasi-judicial functions does not
convert them into courts of law.

Hence, NLRC not being the inferior courts referred to in the provision of the Cooperative
Code, X multi-purpose cooperative must still post a bond to perfect its appeal.

91. ABC Broadcasting Corporation, which is a government-owned and/or controlled

corporation, performs proprietary and not governmental functions. It is involved in
a labor dispute and received an unfavorable decision from the NLRC. It then
brought the case before the Court of Appeals but did not file a bond. The
corporation claimed that because it is wholly owned by the government, the rule
that the government does not have to post bond to perfect its appeal because it was
presumed to be always solvent, extends to it. Is ABC Broadcasting Corporation
correct?

No, ABC Broadcasting Corporation is not correct.

The Supreme Court said in a decided case, that GOCCs have separate and distinct
personalities from its shareholders.

Although the State is its majority stockholder, the corporation remains to be a separate
entity.

Further, because ABC Broadcasting Corporation performs proprietary functions, it cannot

be exempt from the payment of bond during appeal.

92. Suppose YYY Inc. did not file a bond during appeal because the Labor Arbiter’s
decision did not state any amount, is YYY Inc. correct in stating that it is a valid
justification for the non-posting of bond?

Yes. It falls under the three justifications that may be cited for not posting any bond.
Under different decisions by the Supreme Court, the three justifications are:

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 (a) That the decision of the Labor Arbiter does not grant any monetary award;

(b) That the decision of the Labor Arbiter does not state the specific amounts of
the monetary awards; or

(c) When, instead of posting a bond in a new case, the bond posted in an earlier
separate case which has already been decided with finality in favor of the
employer is applied to the new case.

93. What are the conditions necessary for the NLRC to entertain a motion to reduce
bond?

The filing of a motion to reduce bond shall be entertained by the NLRC subject to the
following conditions: (1) there is meritorious ground; and (2) a bond in a reasonable
amount is posted.

94. What is “reasonable amount” in relation to the bond necessary for the NLRC to
entertain a motion to reduce bond?

A motion shall be accompanied by the posting of provisional cash or surety bond

equivalent to ten percent (10%) of the monetary award subject to appeal, exclusive of
damages and attorney’s fees; this shall be considered as the “reasonable amount.”

95. Should the full amount of monetary award still be posted?

No. The rule that the full amount of the monetary award should still be posted within the
reglementary period even if the appellant has filed a motion to reduce bond no longer
holds.

96. Distinguish reinstatement under Article 229[223] and Article 294[279].

The following distinctions may be cited between reinstatement under Article 229 [223] and
Article 294 (279) of the Labor Code:

• Finality. The reinstatement under Article 229 [223] has not attained
finality as in fact it is the subject of an appeal; while that contemplated
under Article 294 (279) has already become final and executory.
• Employer's option to reinstate. - The reinstatement in the former is subject
to the exercise of option by the employer, while that in the latter, no such
option is available to the employer except to reinstate the employee to his
former position or to a substantially equivalent position, if the former
position is no longer available or reinstatement thereto is not viable or
feasible.
• On nature of duty of Labor Arbiter to implement order. - In the former, it
is ministerial upon the Labor Arbiter to implement his order of
reinstatement which is self-executory in character, while in the latter, it is
not ministerial as it requires the filing of a motion for the issuance of writ
of execution with the Labor Arbiter of origin before he can implement the
reinstatement order.
• On necessity for issuance of writ of execution. - In the former, a writ of
execution is not necessary to enforce the reinstatement order, while in the
latter, a writ of execution is indispensable to effect reinstatement.

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 97. What are the 2 options of the employer, to implement the reinstatement of Labor
Arbiter’s Decision?

To implement the reinstatement aspect of a Labor Arbiter's decision, there are only two
(2) options available to the employer, to wit:

1. Actual reinstatement which means that the employee should be reinstated to

the position which he occupied prior to his illegal dismissal under the same
terms and conditions prevailing prior to his dismissal or separation or, if no
longer available, viable or feasible, to a substantially-equivalent position; or

2. Payroll reinstatement which means that the employee should be reinstated

merely in the payroll of the company without requiring him to report back to
his work.

98. What is the effect of issuance of TRO by Higher court?

The issuance of a temporary restraining order (TRO) by the CA or by the Supreme Court,
as the case may be, merely suspends the implementation and enforcement of the
reinstatement order but it does not have the effect of nullifying the right of the employee
to his reinstatement and to be paid his reinstatement wages.

99. What is the Wenphil rule? The Bergonio rule?

In regard to the reckoning of backwages of an employee who was reinstated in the

payroll, the period for computing the backwages due to employee during the period of
appeal should end on the date that a higher court reversed the labor arbitration ruling of
illegal dismissal.

After the Labor Arbiter's decision is reversed by a higher tribunal, an employer is no

longer obliged to keep the reinstated employee in the actual service or in the payroll. The
employee, in turn, is not required to return the wages that he had received prior to the
reversal of the Labor Arbiter's decision."

100. What is the Genuino doctrine?

The employee who is reinstated in the payroll, as distinguished from actual reinstatement,
should refund the reinstatement salaries she received if her dismissal is finally found legal
on appeal.

101. What is the two-fold test under the Garcia doctrine?

Under Garcia, the test to determine the liability of the employer (who did not reinstate the
employee pending appeal) to pay the "reinstatement wages" of the dismissed employee is
two-fold, to wit:

1. There must be actual delay or the fact that the order of reinstatement pending
appeal was not executed prior to its reversal; and

2. The delay must not be due to the employer's unjustified act or omission. If the
delay is due to its unjustified refusal, it may still be required to pay the salaries
notwithstanding the reversal of the Labor Arbiter's decision.

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 102. How is back wages computed when employee will no longer be reinstated but will
instead be paid separation pay in lieu of reinstatement?

In cases where the illegally dismissed employee will not be reinstated but will instead be
paid separation pay in lieu thereof because reinstatement is no longer viable, the
computation of back wages due him includes the period when he should have been
reinstated by virtue of the order of the Labor Arbiter until he is paid said separation pay.

103. Who determines whether an appeal is frivolous or dilatory?

Jurisprudence gives conflicting claims but it appears that both Labor Arbiter and the
Commission have the power to so determine.

If the appealed case is still with the Labor Arbiter and the records were not yet
transmitted to the NLRC, the Labor Arbiter may make a finding that the appeal is
frivolous and, there and then, terminate the appeal.

But in a subsequent case, it was ruled that it is only the NLRC which has authority to
impose penalties for filing frivolous or dilatory appeals, thereby implying that the Labor
Arbiter has been divested of the power and authority to rule on the propriety of the appeal
filed by a party. The NLRC, and not the Labor Arbiter, has the power to rule upon
appeals.

104. What are the fundamental requisites for admission of new and additional evidence
for the first time on appeal?

The fundamental requirements admission of new and additional evidence for the first
time on appeal are as follows:

1. A party should adequately explain any delay in the submission of evidence;

and
2. A party should sufficiently prove the allegations sought to be proven

105. May issues not raised during the trial court be raised for the first time on appeal?

Well-settled is the rule, also applicable in labor cases, that issues not raised below cannot
be raised for the first time on appeal. To allow fresh issues on appeal is violative of the
rudiments of fair play, justice and due process.

But, the High Court allowed the raising of a new issue in the Motion for Reconsideration.
It was ruled that while it is a well-settled rule, also applicable in labor cases, that issues
not raised below cannot be raised for the first time on appeal, there are exceptions thereto
among which are for reasons of public policy or interest. Technical rules of procedure are
not strictly adhered to in labor cases. In the interest of substantial justice, new or
additional evidence may be introduced on appeal before the NLRC. Such move is proper,
provided due process is observed.

106. What are the instances when the belated filing of the motion for reconsideration is
excused?

1. When the last day of the filing fell on a Saturday, in which case, it can be filed on the
next working day.

2. When it was filed 1 day or 3 days late in order to subserve substantial justice.

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 3. When the issue of timeliness in filing of motion for reconsideration rendered moot
and academic.

107. Give 5 exceptions to the principle of exhaustion of administrative remedies.

1. When there is a violation of due process;

2. When the issue involved is purely a legal question;
3. When the administrative action is patently illegal amounting to lack or excess of
jurisdiction;
4. When there is estoppel on the part of the administrative agency concerned;
5. When there is irreparable injury;
6. When the respondent is a department secretary whose acts as an alter ego of the
President bear the implied and assumed approval of the latter;
7. When to require exhaustion of administrative remedies would be unreasonable;
8. When it would amount to a nullification of a claim;
9. When the subject matter is a private land in land case proceedings;
10. When the rule does not provide a plain, speedy and adequate remedy;
11. When there are circumstances indicating the urgency of judicial intervention;
12. When no administrative review is provided by law;
13. Where the rule of qualified political agency applies; or
14. When the issue of non-exhaustion of administrative remedies has been rendered
moot.

108. What is the mandatory period within which labor cases should be decided by the
NLRC?

The Commission shall decide all cases within twenty (20) calendar days from receipt of
the answer of the appellee. The decision of the Commission shall be final and executory
after ten (10) calendar days from receipt thereof by the parties."

109. What is the purpose of the Fresh Period Rule?

This new rule aims to regiment or make the appeal period uniform, to be counted from
receipt of the order denying the motion for new trial, motion for reconsideration (whether
full or partial) or any final order or resolution.

110. Where can an aggrieved party elevate his case in case the decision of the NLRC is
rendered without or in excess of jurisdiction, or with grave abuse of discretion
amounting to lack or excess of jurisdiction?

In cases where the decision of the NLRC is rendered without or in excess of jurisdiction,
or with grave abuse of discretion amounting to lack or excess of jurisdiction, the
aggrieved party may elevate the case to the CA not by way of ordinary appeal but by and
through the special civil action for certiorari.

111. What is the period to file a petition for certiorari?

The period within which petitions for certiorari may be filed has been fixed at 60 days
from notice of judgment, order or resolution. The provision on this fixed period is a new
one. This period is inextendible to avoid any unreasonable delay that would violate the
constitutional rights of the parties to a speedy disposition of cases.

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 112. What is the rationale behind the timeliness requirement of the CA petition for
certiorari?

Procedural rules do not exist for the convenience of the litigants.

The rules were established primarily to provide order to, and enhance the efficiency of
the judicial system. While procedural rules are liberally construed, the provisions on
reglementary periods are strictly applied, indispensable as they are to the prevention of
needless delays, and are necessary to the orderly and speedy discharge of judicial
business.

The timeliness of filing a pleading is a jurisdictional caveat that even the Supreme Court
cannot trifle with. Viewed in this light, procedural rules are not to be belittled or
dismissed simply because their non-observance may have prejudiced a party's substantive
rights; like all rules, they are required to followed.

113. What is the Factual-Issue-Bar-Rule?

The Supreme Court's jurisdiction in a Rule 45 for review on certiorari is limited to

resolving only questions of law, the findings of fact of the CA are deemed conclusive and
binding. The reason is that the Supreme Court does not entertain factual issues. It is not
its function to analyze or weigh evidence all over again as the evaluation of facts is best
left to the trial or administrative agencies/quasi-judicial bodies and appellate court which
are better for the task.

114. When can the factual findings of the CA, NLRC and Labor Arbiter subject to
judicial review by the Supreme Court?

If there are conflicting factual findings of the CA, NLRC and the Labor Arbiter, the High
Court is impelled to resolve the factual issues along with the legal ones. This factual
divergence necessitates a review of the records of a case to ascertain which conclusion is
supported by substantial evidence and enough to remove the conclusion away from the
issue of grave abuse of discretion.

115. Who are the labor officials empowered to issue writs of execution of their final
orders, decisions, resolutions or awards?

The following labor officials are empowered under Article 230 [224] to issue writs of
execution of their final orders, decisions, resolutions or awards:

1. Secretary of Labor and Employment;

2. Director of the Bureau of Labor Relations;
3. Regional Directors of the Department of Labor and Employment;
4. National Labor Relations Commission;
5. Labor Arbiters;
6. Med-Arbiters; or
7. Voluntary Arbitrators

116. Can the Sheriff conciliate or take part in any settlement proceedings during
enforcement in a labor case?

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 Any settlement attempts or settlement entered into by the parties should be referred by
the Sheriff to the Commission or the Labor Arbiter who issued the writ. In no case shall
the Sheriff conciliate or take part in any settlement proceedings during enforcement.

The Sheriff of the Commission must at all times conduct himself in an upright manner,
with utmost dignity, integrity and professionalism. His first and primary duty is to
implement the writ of execution, processes and other orders strictly in accordance with
the terms thereof.

117. May an order granting or denying a motion for execution be subject of appeal?

Appeal from orders issued by the Labor Arbiter in the course of execution proceedings
shall not be allowed and acted upon nor elevated to the Commission. Such appeal is a
prohibited pleading.

Consequently, a pleading or motion shall not be allowed and acted upon nor elevated to
the Commission respecting the denial of a motion for the issuance of a writ of execution.

118. What is a writ of execution? What is its effectivity period?

A writ of execution is an order directing the Sheriff to enforce, implement or satisfy the
final decisions, orders or awards of the Labor Arbiter or the Commission, It is effective
for a period of 5 years from its issuance.

119. Which has jurisdiction over actions for revival of judgment?

The NLRC has jurisdiction over actions for the revival of its judgment. This is based on
the principle that an action upon a judgment must be brought either in the same court
where said judgment was rendered or in the place where the plaintiff or defendant resides,
or in any other place designated by the statutes which treat of the venue of actions in
general.

It is well established that regular courts are bereft of jurisdiction to entertain disputes
involving employer-employee relationship.

120. What is the effect of perfection of appeal on the execution of the Labor Arbiter’s
reinstatement order?

The perfection of appeal from the Labor Arbiter to the NLRC has the general effect of
staying the execution of the decision of the Labor Arbiter being appealed, with the
exception of the execution of the reinstatement aspect of his decision which is self-
executory.

121. What is the effect of the issuance of a stay or suspension order in the rehabilitation
proceedings on monetary claims of workers?

The issuance by the RTC of a stay or suspension order in the rehabilitation proceedings
has the following effects, insofar as execution is concerned:

(i) Suspend all actions or proceedings, in court or otherwise, for the enforcement
of claims against the debtor; and

(ii) Suspend all actions to enforce any judgment, attachment or other provisional
remedies against the debtor.

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 122. AA filed a complaint for illegal dismissal against CC, his employer, which was ruled
favorably by the Labor Arbiter. The decision ordered the employer to pay AA
backwages, separation pay in lieu of reinstatement, indemnity and attorney’s fees.
Upon appeal, NLRC also ruled in favor of AA. The Court of Appeals affirmed with
modification the NLRC decision. The CA decision became final. In the course of the
execution of the judgment, the Labor Arbiter submitted an updated computation of
the monetary awards to include additional backwages and separation pay. CC
contends that the recomputation of the award is improper because the computation
is already in the Labor Arbiter's decision which the CA had affirmed. Is CC
correct?

CC is not correct.

In one of the decision of the Supreme Court, The re-computation in the course of
execution of the Labor Arbiter's original computation of the monetary awards which were
fixed as of the time the decision was rendered by him and subsequently confirmed with
modification by a final CA decision.

By the nature of an illegal dismissal case, the reliefs continue to add on until full
satisfaction. The re-computation of the consequences of illegal dismissal upon execution
of the decision does not constitute an alteration or amendment of the final decision being
implemented.

Therefore, the illegal dismissal ruling stands; only the computation of monetary
consequences of this dismissal is affected and this is not a violation of the principle of
immutability of final judgments.

123. Whether or not the backwages and separation pay should be computed until the
finality of the decision ordering separation pay?

Yes. In a case, the Supreme Court explained that the finality of the decision becomes the
reckoning point because in allowing separation pay, the final decision effectively declares
that the employment relationship ended so that separation pay and back wages are to be
computed up to that point.

124. Whether a re-computation of back wages up to the date of the actual reinstatement
of an employee would violate the principle of immutability of judgments?

No. A computation of back wages until actual reinstatement is not a violation of the
principle of immutability of final judgments.

The Supreme Court held in one of its decisions that the nature of an illegal dismissal case
requires that back wages continue to add on until full satisfaction.

The computation required to reflect full satisfaction does not constitute an alteration or
amendment of the final decision being implemented as the illegal dismissal ruling stands.

125. Nilda and Florentino, both professors at the University of Pinas were born on April
30, 1942 and December 11, 1942, respectively. In 2002, both had turned 60 and can
opt to retire. The University admin pointed out that Florentino and back wages and
separation pay could only be computed up to 2002 since under both petitioner UP’s
retirement plan and Article 302 [2871 of the Labor Code, 60 is the optional
retirement age. Florentino and Nilda filed separate claims for retirement benefits,

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 hence, effectively admitting that 60 and not 65 is the retirement age for UP’s faculty
members. Is the University Admin correct?

No. The University is not correct.

The Court cannot agree that this is the cut-off date for the computation of backwages and
separation pay due to them because:

1. 60 is merely an optional but not the mandatory retirement age.

2. The evidence submitted do not show at whose option it is to retire the faculty
members before the age of 65.
3. There is no proof whatsoever that the faculty members of UPI indeed retire at
60 years of age.
4. Florentino and Nilda filed claims for retirement pay in 2005 when they were
both 63, hence, their acts did not necessarily constitute an admission that 60 is
the retirement age fix UPI's faculty members.

126.Is the intervening reversal of the Labor Arbiter's decision not included in the
computation of backwages and benefits?

Yes

One of the natural consequences of the finding that an employee has been illegally
dismissed is the payment of backwages corresponding to the period from dismissal up to
the actual reinstatement.

The statutory intent of this matter is clearly discernible.

The payment of backwages allows the employee to recover from the employer that which
he has lost by way of wages as a result of his dismissal.

Logically, it must be computed from the date of petitioner’s illegal dismissal up to the
time of actual reinstatement. The can be no gap or interruption, lest we defeat the very
reason of law in granting the same.

127. Can a belated interest be awarded for the first after the finality of judgment, when,
however, such interest was not expressly granted in the decision before becoming
final and executory?

Yes, the legal interest is deemed read into the decision; hence, the same should be
awarded even if not expressly mentioned therein. Consequently, the CA properly
imposed legal interest upon the total monetary award even if none was explicitly included
in the fine print of the Labor Arbiter's final decision and order of execution because it is
not to be considered as an alteration thereof, the legal interest being deemed read into it.

128. Can a final and executory judgment pertain to the termination of the case?

No, it is the satisfaction of judgment that terminates the case, the satisfaction of the
judgment in full has placed the case beyond the Court's review.

Indeed, there are no more proceedings to speak of inasmuch as these were terminated by
the satisfaction of the judgment.

129. CAYCO Marine Service, a business of hauling oil is owned by Dan. A complaint for
illegal dismissal of wages, non-payment of holiday pay, and leave pay was filed
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 against his company by his former employee Marie. NLRC decided in favor of
Marie so a notice of levy/sale on execution of personal property over the motor
tanker that Dan’s company owned, was issued. However, Gina filed a third party
claim alleging that she is the owner of the motor tanker. The NLRC dismissed the
third party claim and ordered the sheriff to proceed with the sale on execution
despite Gina’s third party claim. Was NLRC correct?

Yes, NLRC is correct.

The NLRC has the power to execute its judgment which extends only to the properties
belonging to the judgment debtor. A third party claim of ownership on a levied property
should not necessarily prevent execution. Even upon a mere prima facie showing
ownership by the third party claim, if the third party claim does not grow out or involve a
labor dispute, a separate action for injunctive relief may be maintained in court. In this
problem, the dismissal was correct and Marie may petition for a separation action for
injunction.

130. MUOG Controls Corporation was ordered by the Labor Arbiter to pay the
complainants a total of PHP 500,000.00 for underpayment, overtime pay, service
incentive leaves and legal holiday pays. A writ of execution was then issued
subjecting the computer units owned by MUOG for public sale. MUOG filed a
motion to quash or recall writ of execution on the ground that these are exempted
from execution being instruments that are used in their business and trade. Rule on
the motion.

I will deny the motion.

The properties exempted by law from execution pertain only to the properties owned by
natural persons and not to those owned by juridical entities. The instruments used by
MUOG in their business and trade are not owned by natural persons, even if it be used by
its employees in their business and trade.

Hence, the motion to quash the writ of execution should be denied.

131. A third party claim was filed by Juan before the Labor Arbiter where he alleged
that the sewing machines subject of a writ of execution issued against JCI Sewing
Co. belong to him. The Labor Arbiter dismissed his claim for lack of merit. Juan
filed an appeal to the NLRC arguing that the Labor Arbiter incorrectly dismissed
his claim. However, NLRC also dismissed his appeal on the ground that such
decision of the Labor Arbiter is no longer appealable and that he should instead file
a petition for an extraordinary remedy through the Commission. Is NLRC correct?

Yes, NLRC is correct.

Decision of the labor arbiter on third party claims are not appealable.

It may be elevated by way of a petition to the Commission as amended in the 2011 NLRC
Rules of Procedure.

In this case, NLRC was correct in dismissing the appeal. The remedy of Juan is to file a
petition for an extraordinary remedy with the NLRC.

132. What is the nature of the contempt powers of the Secretary of Labor?

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 Contempt powers should be exercised on the preservative and not on the vindictive
principle. Such power is drastic and extraordinary; thus it should not be resorted to unless
necessary in the interest of justice.

133. What is the extent of the contempt powers of the DOLE Secretary?

The DOLE Secretary can cite persons in direct and indirect contempt.

A person could be cited in direct contempt when he or she is guilty of misbehavior in the
presence of or so near the DOLE Secretary as to obstruct or interrupt the proceedings
before him, including disrespect towards him, offensive personalities towards others, or
refusal to be sworn or to answer as a witness or to subscribe an affidavit or deposition
when lawfully required to do so.

On the other hand, a person could be cited in indirect contempt when he or she does acts
that tends to belittle, degrade, obstruct, interrupt, prevent, or embarrass the Secretary in
the administration of justice.

134. In relation to indirect contempt charges, is initiation before the RTC still required?

No. It does not require quasi-judicial authorities to initiate indirect contempt proceedings
before the trial court because this mode is to be observed only when there is no law
granting them contempt powers.

Both direct and indirect contempt power to the DOLE Secretary, he/she does not need to
initiate any contempt proceeding before the Regional Trial Court.

135. What cases fall under the jurisdiction of the Mediation Arbiter?

 Inter Union disputes, such as:

o Request for SEBA certification when made in an unorganized
establishment with only one or more than one (1) legitimate union
or in an organized establishment; or
o Petition for certification election, consent election, run-off election
or re-run election;
• Intra-union disputes;
• Other related labor relations disputes  Injunction cases
• Contempt cases.

136. What cases fall under the exclusive jurisdiction of DOLE regional directors?

a. Visitorial cases under Article 289;

a. Union registration-related cases;
b. Denial of registration of single-enterprise; and
c. Request for SEBA certification when made in an unorganized establishment
with only one (1) legitimate union.

137. Where would you file the appeal of the decisions of the Med Arbiter?

1. Request for SEBA certification when made in an unorganized establishment

with only one or more than one (1) legitimate union or in an organized
establishment; or - DOLE Secretary
2. Petition for certification election, consent election, run-off election or re-run
election - DOLE Secretary
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 3. Intra-union disputes; - BLR Director
4. Other related labor relations disputes - BLR Director
5. Injunction cases - BLR Director
6. Contempt cases - BLR Director

138. Enumerate the cases that falling under the original and exclusive jurisdiction of the
BLR Director which are appealable to the DOLE Secretary?

Decisions in the cases falling under the original jurisdiction and exclusive
jurisdiction of the BLR Director are all appealable to the DOLE Secretary, to wit:

a. Complaints and petitions involving the application for registration, revocation

or cancellation of registration of federations, national unions, industry unions,
trade union centers and their local chapters/chartered locals, affiliates and
member organizations;

b. Request for examination of books of accounts of said labor organization;

c. Intra-union disputes involving said labor organizations;

d. Notice of merger, consolidation, affiliation and change of name of said unions

and petition for denial thereof;

e. Registration of multi-employer CBAs

139. What are the requisites UNIQUELY applicable to intra-union disputes?

The requisites are:

a. Exhaustion of union administrative remedies in intra-union actions.

b. Requirement of 30% union support in case of complaint affecting entire
membership;
c. 30% not required if entire union membership is not involved.

140. A contempt case was filed before the BLR Director and thereafter rendered its
decision. Is the decision of the BLR Director appealable? If so where? May it be
further appealed up to the CA and to the Supreme Court?

Yes, BLR Director is exercising original and exclusive jurisdiction over contempt cases
and is appealable to the DOLE Secretary.

However, decisions rendered by either the BLR Director or DOLE secretary in their
appellate jurisdiction cannot be further appealed. The remedy of appeal is available only
up to the level of either the BLR Director or the DOLE Secretary, as the case may be.
Appeal to the CA from their decisions rendered in their respective appellate jurisdictions
is not available; the only remedy being the filing of an original special civil action for
certiorari under Rule 65 of the Rules of Court.

141. Can the NLRC assume jurisdiction over issues involve in the compromise
settlement?

The NLRC or any cannot assume jurisdiction over issues involved in the compromise
settlement except in the following:

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 1. In case of non-compliance with the terms and conditions of the compromise
agreement, or

2. If there is a prima facie evidence that the settlement was obtained through
fraud coercion or misrepresentation.

142. Who has jurisdiction to enforce terms of compromise agreement?

In case of breach or non-compliance of any of the terms and conditions set forth in the
compromise agreement, the Labor Arbiter in the region where it was concluded, upon
motion of any interested party, may issue a writ of execution requiring a Sheriff of the
Commission or the courts to enforce it.

143. Is compromise agreement binding on a non-party thereto?

A compromise agreement cannot bind a party who neither voluntarily took part in the
settlement itself nor gave specific individual consent thereto.

It must be remembered that a compromise agreement is a contract; it requires the consent

of the parties and it is only when such consent is given that the agreement may be
considered as having been voluntarily entered into. Even the application of the principle
of res judicata cannot bind persons who were not parties to the compromise agreement
because there is no identity of parties.

144. Is conformity of lawyer required for validity of compromise agreement?

No, the conformity of lawyer is not required. The signatures of counsels and authorized
representatives are not required if they are not present at the time the compromise
agreements are made and executed.

145. Does a quitclaim providing for lesser amount than what employee is legally entitled
to may be held valid?

Yes, the quitclaim may be held valid.

In situations where, at the time of the execution of the quitclaim, the employee's
complaint has already been dismissed and is pending appeal before the next higher
tribunal, a settlement for a lesser amount than what is actually being claimed in the
complaint may be allowed.

The reason is that it remains uncertain at that point, whether the employee would prevail
in his appeal. The possibility is real that his appeal may not be successful.

Since there has yet been no decision rendered by the appellate tribunal when the
quitclaim was executed, it could not be said that the amount of the settlement is
unconscionable.

146. Does a Quitclaim bar an employee to pursue claims arising from ULP?

No, Quitclaim does not bar an employee to pursue claims arising from ULP.

Quitclaims and/or complete releases executed by (ULP) of their employer. The basic
reason for this is that such quitclaims and/or complete releases are against public policy
and therefore null and void.

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 The acceptance of termination pay does not divest a laborer of the right to prosecute his
employer for ULP.

147. Who has the burden of proof on voluntariness of quitclaim?

It is the employer and not the employee who has the burden of proving that the quitclaim
was voluntarily entered into by him. It is error to rule that the burden of proof to show
that the Deed of Release and Quitclaim was signed and executed voluntarily was on the
employee. Thus, failure of the employer to discharge this burden would mean that the
quitclaim is invalid.

148. What are the requisites for valid Quitclaims of OFWs?

The following are the requisites:

(a) that there was no fraud or deceit on the part of any of the parties;
(b) that the consideration of the quitclaim is credible and reasonable; and
(c) that the contract is not contrary to law, public policy, public order, morals and
good customs or prejudicial to third person with a right recognized by law.

149. What is single entry approach or sena?

It refers to the administrative approach to provide an accessible, speedy, impartial, and

inexpensive settlement procedure of all labor and employment issues through a 30-day
mandatory conciliation-mediation to prevent them from ripening into full blown disputes.

The process is utilized as immediate intervention to effect amicable settlement among the
differing parties.

150. Union A filed its CBA with the DOLE Regional Office 40 days after its execution.
The company questions the validity of the CBA because it was belatedly filed and
should therefore not be honored. Is the contention of the company correct?

The non-compliance with the procedural requirements such as the non-filing of the CBA
within 30 days from its execution should not be adversely affect its substantive validity.
A CBA is more than a contract.

It is highly impressed with public interest for it is an essential instrument to promote

industrial peace. Hence, it bears the blessings not only of the employer and employees
concerned but even of the DOLE. To set is aside on technical grounds is not conductive
to the public good.

151. Can a collective bargaining agreement be deregistered? Assuming that a CBA can
be deregistered, what are the statutory requirement for such deregistration?

Deregistration of Agreement refers to the legal process leading to the revocation of the
CBA registration.

The denial of the CBA registration should be in writing, stating in clear terms the reasons
thereof and copies thereof should be served upon the application union and employer
within 24 hours from its issuance.

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 152. Union X failed to file its Collective Bargaining Agreement to the Bureau of Labor
Relations. What are the implications of the non-filing of the CBA?

It bears stressing, however, that while registration and subsequent certification by the
BLR of the CBA are required under the law, such registration and certification are not
required to put a stamp of validity to such contract Once it is duly entered into and signed
by the parties, a CBA becomes effective as between them, irrespective of whether or not
it has been registered and certified by the BLR.

Simply put, the registration of the CBA is an essential requisite only for the contract bar
rule to apply. Resultantly, an unregistered CBA will not bar the conduct of a certification
election.

153. What is the Certification year bar rule?

Certification year bar rule states that collective bargaining negotiations between the
employer and the SEBA should begin within twelve (12) months following the
certification of the union as SEBA.

This rule thus prevents the holding of a new certification election until the parties have
had one year to bargain.

The certified SEBA, for the entire duration of the 1-year period reckoned from the date of
certification of the SEBA, enjoys an unchallenged representative status and is in fact
conclusively presumed to represent the majority of the employees.

154. When does Collective Bargaining Deadlock happen?

Collective Bargaining Deadlock happens when there is a failure in the collective

bargaining negotiations between the SEBA and the employer resulting in an impasse or
stalemate. Despite their efforts at bargaining in good faith, the parties have failed to
resolve the issues and it appears that there are no other definite options or plans in sight to
break the standoff.

155. After being certified as the SEBA of the rank-and-file employees of respondent XXX
Company, private respondent union, XXX Union submitted its CBA proposals but
XXX Company refused to negotiate a CBA, raising as an issue, the legitimacy of
XXX Union. Because of this, XXX Union staged a strike over which the DOLE
Secretary assumed jurisdiction and issued an order certifying the same to the NLRC
for compulsory arbitration.

After more than one year of not having any CBA negotiation because of the
pendency of the said certified case before the NLRC, another union, XXX Union II,
filed a petition for certification election among the regular rank-and-file employees
of respondent XXX, citing as one of the grounds, the fact that more than 12 months
have elapsed since the last certification election was held where XXX Union was
voted as the SEBA and yet, there has been no CBA negotiation or bargaining
deadlock between XXX Union and XXX Company that could effectively bar its
filing of the petition.

Rule on the petition of XXX Union II.

The petition should be dismissed. The circumstances in this case should be considered as
similar in nature to a "bargaining deadlock'' when no certification election could be held.
Collective Bargaining Deadlock includes a situation where a CBA could not be
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 concluded due to the failure of one party to willingly perform its duty to bargain
collectively.

XXX Company employed legal means to block the certification of XXX Union as the
bargaining agent of the rank and file employees. From this, it can be concluded that XXX
Company was unwilling to negotiate and reach an agreement with XXX Union.

Thus, the petition should be dismissed.

156. What is a legitimate labor organization?

A “legitimate labor organization” refers to any labor organization in the private sector
registered or reported with the DOLE, in accordance with the Labor Code and its
implementing rules. It includes any branch or local thereof.

157. What are the two (2) modes of creating a labor organization?

a. Independent Registration
b. Chartering of Local Chapter or Chartered Local

158. Distinguish labor organization from a workers’ association.

Although broadly speaking, labor organization and workers’ association are alike as they
are both organizations of employees, however, in their technical sense, a labor
organization may be distinguished from workers’ association in that the former is
organized for the principal purpose of exercising collective bargaining rights, while the
latter is established for any lawful purpose other than collective bargaining.

For as long as an organization is established for the purpose of collective bargaining,

whether wholly or partly, it shall be considered as a labor organization. Remove this
purpose and the organization may merely be considered as a workers’ association or
some other form of organization - established for mutual aid, interest, cooperation,
protection,

159. Distinguish the effect of Merger and consolidation in the legal existence of labor
organizations.

Where there is a merger of labor organizations, the legal existence of the absorbed labor
organization(s) ceases, while the legal existence of the absorbing labor organization
subsists. Consequently, all the rights, interests, and obligations of the absorbed labor
organizations are transferred to the absorbing organization. (Section 10, Rule Ill, Book V)

Where there is consolidation, the legal existence of the consolidating labor organizations
shall cease and a new labor organization shall acquire all the rights, interests and
obligations of the consolidating labor organizations. (Section 10, Rule Ill, Book V, ibid.)

160. May Trade Union Centers create Local Chapters

No. The authority to directly create a local chapter/chartered local is vested only with the
federation or national union, to the exclusion of all others.

It is only a federation or national union which is empowered to directly issue a charter

certificate indicating the establishment of the local chapter/chartered local.

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 161. How does a local/ chapter acquire legal personality?

A local/ chapter may acquire legal personality in 2 ways:

First stage. Partial-legal personality which it acquires upon the issuance to it of a Charter
Certificate by a federation or national union. It is partial in the sense that the legal
personality so acquired is only meant for one purpose, that is, to enable it to file a petition
for certification election. At this stage, the local chapter/chartered local is not yet in full
possession of all the rights and privileges accorded by Jaw to a legitimate labor
organization.

Second stage. Full-legal personality which is accorded to a local chapter/chartered local-

only upon compliance with the all-too-important requirement of submission to the DOLE
of its Charter Certificate and the documents mentioned in Article 241 (234-A]. It is this
act of submission to the DOLE of the required documents that marks the grant of fall
legitimate status to a local chapter/chartered local which would entitle it to all the rights
and privileges of a legitimate labor organization. The local chapter/chartered local need
not wait for the issuance by the DOLE of a Certificate of Registration which is issued in
case of an independently registered union because there is no such certification ever
forthcoming. No such certificate is required to be issued to a local chapter/chartered local
before it can acquire full legal personality.

162. ABC Inc. filed with the Department of Labor and Employment (DOLE) a Petition
for cancellation of the union registration of ABC Union’s Association on the
grounds that the List of Officers and Constitution and By-laws which the ABC
Union’s Association attached to its application for union registration contain the
union secretary's certification but the same is not under oath, contrary to Section 1,
Rule VI of the Implementing Rules of Book V of the Labor Code, as amended by
Department Order No. 9, series of 1997; and that, as shown in a Sinumpaang
Petisyon, 148 out of approximately 200 employees-members have since denounced
ABC Union’s Association for employing deceit in obtaining signatures to support its
registration application. The petition of ABC Inc. was granted. ABC Union’s
Association appealed to the Bureau of Labor Relations to give due course to the
appeal which granted the same, it ordered that ABC Union’s Association, shall
remain in the roster of legitimate labor organizations. ABC Inc. filed a motion for
reconsideration arguing that the union’s registration is not valid for the reason that
the application by the union is not under oath. Is ABC Inc. correct?

ABC Union’s Association union's registration cannot be cancelled on the ground that the
List of Officers and Constitution and By-laws which the union attached to its application
for union registration contain the union secretary's certification which is not under oath.

All that Article 242 [235] requires is that the secretary's certification be under oath. It
does not prescribe a specific manner of its notarization. The BLR, in its October 14, 1998
Advisory, allows for the wholesale notarization of a union's application for registration
and recognizes the effects thereof even on the attachments, including the secretary's
certification. This is a reasonable interpretation considering that the form of notarization
contemplated in said Advisory adequately serves the purpose of Article 242 [235], which
is to forestall fraud and misrepresentation.

163. Is a Writ of certiorari a proper remedy in case of refusal to register a union?

Yes. Another remedy available to compel registration of a union is writ of certiorari. In

Vassar Industries Employees Union v. Hon. Estrella, respondent Francisco L. Estrella,
then the Acting Director of the BLR, refused to register petitioner Vassar Industries
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 Employees Union on the ground that there is already a registered collective bargaining
agent. In granting the writ of certiorari to compel the registration of petitioner union and
for the eventual conduct of a certification election, it was pronounced that "[a]s long as an
applicant union complies with all of the legal requirements for registration, it becomes
the BLR's ministerial duty to so register the union. It suffices then to order that petitioner
union be registered, there being no legal obstacle to such a step and the duty of the
Bureau of Labor Relations being clear.

164. Is a local chapter/chartered local considered an affiliate?

Technically, a local chapter/chartered local created through the mode of chartering by a

mother union (Federation or national union), cannot be properly called an "affiliate
union" if it has not acquired any independent registration of its own. However, in the
previous provision of the Rules to Implement the Labor Code, as amended, it is provided
that the affiliate of a labor federation or national union may be a local or chapter thereof
or an independently registered union." But with the latest amendment thereof, the
distinction set forth above should be the prevailing view thereon.

165. A court order was issued which held the National Labor Union liable by the Labor
Arbiter for (a) Actual damages in the form of loss of revenue during the duration of
the strike which lasted for 100 days amounting to Pl,000,000.00; (b) Damages to the
good business standing and commercial credit of the company in the amount of
P350,000.00; and (c) Exemplary damages to deter others similarly inclined from
committing similar acts and to serve as an example for the public good, in the
amount ofP250,000.00. Is the court correct?

No, the court is not correct. The direct and primary responsibility for damages caused by
an illegal strike falls on the local union, being the principal, and not on the mother union,
a mere agent of the former even if the latter had assisted the former in filing the notice of
strike.

166. Can a local union disaffiliate from its mother union?

A local union has the right to disaffiliate from its mother union. A local union, being a
separate and voluntary association, is free to serve the interests of all its members
including the freedom to disaffiliate or declare its autonomy from the federation which it
belongs when circumstances warrant, in accordance with the constitutional guarantee of
freedom of association.

167. Under the Constitution and By-laws of the union, the local union is strictly
prohibited from disaffiliating from the mother union. The local union contended
that it has the right to disaffiliate from the mother union and the prohibition is a
violation of its right to disaffiliate. Rule on the matter.

The local union is incorrect.

The right of the local members to withdraw from the federation and to form a new local
union depends upon the provisions of the union's constitution, by-laws and charter. The
right to disaffiliate may thus be prohibited thereunder.

However, in the absence of enforceable provisions therein preventing disaffiliation or the

declaration of autonomy of a local union, the latter may sever its relationship with its
parent union at any time.

168. What is the effect of final judgment cancelling union registration?

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 Once the union registration is ordered cancelled with finality, the union loses its legal
personality and ceases to legally exist. It must be emphasized, however, that only a final
order for the cancellation of the registration could prevent the union form continuing to
enjoy all the rights conferred on it as a legitimate labor union, including the right to be
certified as bargaining agent through a petition for certification election.

Further, in case of cancellation, nothing in the law could restrict the right of the union to
seek just and equitable remedies in the appropriate courts.

169. What are the grounds of cancellation of union registration?

The grounds of cancellation of union registration are as follows:

(a) Misrepresentation, false statement or fraud in connection with the

adoption or ratification of the constitution and by-laws or amendments thereto, the
constitution and bylaws or amendments thereto, the minutes of ratification, and the list of
members who took part in the ratification;

(b) Misrepresentation, false statement or fraud in connection with the election

of officers, minutes of the election of officers, and the list of voters;

(c)Voluntary dissolution by the members.

170. May a petition for certification election be collaterally attacked?

As has been held in a long line of cases, the legal personality of at legitimate labor
organization cannot be subject to collateral attack.

After a certificate of registration is issued to a union, its legal personality cannot be

subject to a collateral attack in another proceeding. It may be questioned only in an
independent petition for cancellation in accordance with the Rules to implement the
Labor Code.

171. The members of Union ABC have called for a meeting, proposing for the dissolution
of the union. More than 2/3 of all its members had agreed to the dissolution of the
union, thus the Board had submitted its application for dissolution with the
Regional Director. The remaining members now questions the legality of such
dissolution, stating that there is no such ground upon which it is based upon. Rule
on the merits of the case.

The question has no merit.

The dissolution was voluntary; the law does not require that certain justifications be cited
in support of the decision to voluntarily dissolve the union.

What is merely required is compliance with the requisites mentioned by the law.

For as long as such, decision complies with the requisites, the petition for voluntary
dissolution should be approved as a matter of course.

172. The right to self-organization and collective bargaining is a duly guaranteed right
by the Constitution. May an employee invoke the same as a ground for an absolute
right to join a union?

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 An employee cannot invoke an absolute right to union membership. Although the right to
self-organization and collective bargaining is duly guaranteed under the Constitution, it is
subject, however, to regulation by the State.

For instance, it is mandated by law that no labor organization shall knowingly admit as
member or continue in membership any individual who belongs to a subversive
organization or who is engaged directly or indirectly in any subversive activity.

173. May a member who is not an employee, continue to be a member of the union?

No. If the union members are not employees, no right to organize for purposes of
collective bargaining nor to be certified as bargaining agent can be recognized.

The question of whether employer-employee relationship exists is a primordial

consideration before extending labor benefits under the workmen's compensation, social
security, PhilHealth, termination pay and labor relations law. It is important in the
determination of who shall be included in the proposed bargaining unit because it is the
sine qua non, the fundamental and essential condition that a bargaining unit be composed
of employees.

Failure to establish this juridical relationship between the union members and the
employer affects the legality of the union itself. It means the ineligibility of the union
members to present a petition for certification election as well as to vote therein.

174. Must there be a written employment contract? If yes, what essential terms are
required to be evidenced in writing?

Generally, the law does not require an employment contract to be reduced into writing,
but specific laws may require the same.

For example, the Domestic Workers Act (Republic Act No. 10361) requires an
employment contract to be executed between the domestic worker and the employer in a
language or dialect understood by both the domestic worker and the employer. The
contract must include the duties and responsibilities of the domestic worker, the period of
employment, the agreed compensation and authorized deductions, among others. The
Rules and Regulations Implementing the Act Providing for the Elimination of the Worst
Forms of Child Labor (DOLE Department Order No. 065-04) also provides that, when
the employer is in public entertainment or information, they shall submit to the DOLE
regional office a written employment contract concluded between the employer and the
child’s parents or guardian, and approved by the Department. Under DOLE Department
Order No. 174-17, the employment contracts of employees of a contractor or
subcontractor involved in job contracting are required to include the following
stipulations: the specific description of the job or work to be performed by the employee;
and the place of work and terms and conditions of employment, including a statement of
the wage rate applicable to the individual employee.

175. Can employees contractually waive the right to overtime pay?

Generally, overtime pay cannot be waived, and overtime work cannot be offset by
undertime work. However, both the DOLE and the Philippine Supreme Court have
allowed companies to employ a ‘compressed workweek scheme’, where the normal
working week is reduced to less than six days but the total number of work hours remains
at 48 hours per week (or 40 hours per week for firms whose normal working week is five
days). Under a compressed workweek scheme, work beyond eight hours will not be
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 compensable by the overtime premium provided the total number of hours worked per
day shall not exceed 12 hours (in a 48-hour working week) or 10 hours (in a 40-hour
working week). Employers may implement a compressed workweek scheme only with
the express and voluntary agreement of a majority of the covered employees and prior
notice to the DOLE of the adoption of the scheme.

176. To what extent are post-termination covenants not to compete, solicit or deal valid
and enforceable?

The Philippine Supreme Court has ruled that post-termination covenants are valid if they
contain reasonable limitations as to time, trade or activity, and place.

The restriction must be reasonable and not greater than necessary to protect the
employer’s legitimate business interests.

a) In determining the reasonableness of the restriction, courts consider the following

factors: whether the covenant protects a legitimate business interest of the
employer; whether the covenant creates an undue burden on the employee;
b) whether the covenant is injurious to public welfare;
c) whether the time and territorial limitations contained in the covenant are
reasonable; and
d) whether the restraint is reasonable from the standpoint of public policy.

Because these covenants are treated on a case-by-case basis, there is no set maximum
period for their duration.

However, a two-year restriction has been held to be valid.

Is there any legislation protecting employee privacy or personnel data? If so, what are
an employer’s obligations under the legislation? The Data Privacy Act of 2012 restricts
the processing of personal information and sensitive personal information and requires
compliance with the principles of transparency, legitimate purpose and proportionality.

It provides for the right of the data subject to be informed of the processing of the
personal information pertaining to the data subject and other relevant data. Reasonable
access must also be given to the contents of the personal information, sources thereof,
recipients, manner of processing, etc.

In which circumstances may an employer dismiss an employee without notice or

payment in lieu of notice?

Notice of termination is not required in cases of: fixed-term employees in the case of the
expiry of their term, since the termination of employment had already been agreed upon
at the time of the engagement; and project employees, whose employment is
automatically terminated at the end of the duration of the project agreed upon.

177. Maria, who lives in Tuba, works for Makiling Corporation. There is a legitimate
labor organization in Makiling Corporation, however, Maria did not join it because
she didn’t want to have to pay union dues. The labor organization succeeded in
negotiating free shuttle service from far-flung areas where public transportation is
scarce. Maria just checked her recent payslip and was surprised when she saw that
union dues were actually deducted from her salary. She filed a complaint. Decide
the case.

I will decide in favor of Maria.

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 The Labor Code and jurisprudence are clear in the fact that no check-offs from any
amounts due employees may be effected without individual written authorizations duly
signed by the employees specifically stating the amount, purpose and beneficiary of the
deduction.

The cardinal principle should be borne in mind that employees are protected by law from
unwarranted practices that diminish their compensation without their knowledge and
consent.

In the case at bar, Maria has not given her consent for any deductions to be made from
the salary. Therefore, the case must be decided in favor of Maria.

178. What deductions from wages are valid even without the required individual written
authorization?

In the following cases, individual written authorization is not required:

1. Assessment from non-members of the bargaining agent of reasonable fees

equivalent to the dues and other fees paid by its members, if such non-members
accept the benefits flowing from the CBA. This is the so-called "agency fee.”

2. Deductions for fees for mandatory activities such as labor relations seminars
and labor education activities.

3. Check-off for union service fees authorized by law.

4. Deductions for withholding tax mandated under the National Internal Revenue
Code (NIRC).

5. Deductions for withholding of wages because of employee's debt to the

employer which is already due.

6. Deductions made pursuant to a judgment against the worker under

circumstances where his wages may be the subject of attachment or execution
but only for debts incurred for food, clothing, shelter and medical attendance.

7. Deductions from wages ordered by the court.

8. Deductions authorized by law such as for premiums for PhilHealth, social

security, Pag-IBIG, employees' compensation and the like.

179. Makiling labor organization has 1000 members. 199 of its members filed a
complaint regarding an irregularity in the union's funds, but the union claimed that
the number of complainant's is too few. How many members of Makiling labor
organization is required for a valid filing of such a complaint?

30 %, or at least 300 members in this case is required.

At least 30% of the members of a union or any member or members specially concerned
may report any violation of the rights and conditions of membership provided therein,
including the issue of the proper handling and disposition of the funds and properties of
the union.

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 180. What is the prescription period for actions involving union funds?

A complaint or petition for audit or examination of funds and books of accounts

prescribes within three (3) years from the date of submission of the annual financial
report to the DOLE or from the date the same should have been submitted as required by
law, whichever comes earlier.

181. What are the rights of legitimate organizations?

A legitimate labor organization shall have the right:

(a) To act as the representative of its members for the purpose of collective
bargaining;

(b) To be certified as the exclusive representative of all the employees in an

appropriate bargaining unit for purposes of collective bargaining;

(c) To be furnished by the employer, upon written request, with its annual audited
financial statements, including the balance sheet and the profit and loss
statement, within thirty (30) calendar days from the date of receipt of the
request, after the union has been duly recognized1 by the employer or
certified as the sole and exclusive bargaining representative of the employees
in the bargaining unit, or within sixty (60) calendar days before the expiration
of the existing collective bargaining agreement, or during the collective
bargaining negotiation;

(d) To own property, real or personal, for the use and benefit of the labor
organization and its members;

(e) To sue and be sued in its registered name; and

(f) To undertake all other activities designed to benefit the organization and its
members, including cooperative, housing, welfare and other projects not
contrary to law.

182. Does the union have the right to own property?

A legitimate labor organization has the right to acquire real and personal properties for its
own or its members' use and benefit. Such properties so acquired should be in the name
of the labor organization which, by express provision of the law, is granted such right of
ownership as well as the exercise of all attributes thereof.

183. What is a labor organization?

An “employees’ organization” refers to any organization or association of employees in a

government agency. In the private sector, this is technically known as “labor
organization” or simply “union”.

184. What is a bargaining will?

An “organizational unit” refers to the unit where the government employees’ organization
seeks to operate and represent. It is the employer’s unit consisting of rank-and-file
employees unless circumstances otherwise require.

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 In the private sector, this is technically known as “bargaining will.”

185. Who are not eligible to join employees' organizations?

The following are not eligible to join, form or assist an employees’ organizations:
(1) High-level employees;
(2) Members of the Armed Forces of the Philippines;
(3) Police Officers;
(4) Policemen;
(5) Firemen; and (6) Jail Guards.

186. What are the modes or ways in determining the SEBA?

1) Voluntary recognition;
2) Certification election; or
3) Run-off election.

187. What are the Form and Contents of a Petition for Certification Election?

The PCE should be in writing and under oath and should contain, among others, the
following:

a. The name of the petitioner and its address;

b. The name and address of the employer; and
c. The total number of rank-and-file employees in the subject organizational
unit.

188. What are the three categories of employees under the Labor Code?

The three (3) categories of employees for purposes of applying labor relations law, are as
follows: (a) Managerial employees; (b) Supervisory employees; and (c) Rank-and-file
employees.

189. What is First-Line Management?

This is the lowest level in an organization at which individuals are responsible for the
work of others.

First-line managers direct operating employees only; they do not supervise other
managers. Examples of first-line managers are the “foreman” or production supervisor in
a manufacturing plant, the technical supervisor in a research department, and the clerical
supervisor in a large office.

First-level managers are often called supervisors.

190. Are Supervisory Unions and Unions of Security Guards still allowed?

No. All existing supervisory unions and unions of security guards shall, upon the
effectivity of the Labor Code, cease to operate as such and their registration certificates
shall be deemed automatically cancelled.

However, existing collective agreements with such unions, the life of which extends
beyond the date of effectivity of the Code, shall be respected until their expiry date
insofar as the economic benefits granted therein are concerned.

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 191. What are the criteria to be considered confidential employee?

Within the context of labor relations, “confidential employees” are those who meet the
following criteria:
(1). They assist or act in a confidential capacity;
(2) To persons or officers who formulate, determine, and effectuate management policies
specifically in the field of labor relations.

These two (2) criteria are cumulative and both must be met if an employee is to be
considered a confidential employee, that is, the confidential relationship must exist
between the employee and his superior officer or supervisor and that the latter must
handle the prescribed responsibilities relating to labor relations.

192. Air Philippines Flight Attendants Association (APFLAA) was issued a Certificate of
Registration by the DOLE. APFLAA filed a petition for certification election as the
collective bargaining representative of the flight attendants of Air Philippines
Corporation (APC). After the Med-Arbiter rendered a ruling ordering the holding
of a certification election, such election was held, with majority of votes cast in favor
of
AFPLAA.

Thereafter, APC filed a petition for De-Certification and Cancellation of Union

Registration against APFLAA with DOLE alleging that APFLAA could not be
registered as a labor organization, as its composition consisted of a mixture of
supervisory and rank-and-file flight attendants. Is the contention of APC correct?

No. APC’s contention is not correct.

Jurisprudence provides that the inclusion in a union of disqualified employees is not

among the grounds for cancellation, unless such inclusion is due to misrepresentation,
false statement or fraud under the circumstances enumerated in Sections (a) and (c) of
Article 247 [239] of the Labor Code.

193. What are the rights involved in the right to self-organization?

1. To form, join, or assist labor organizations for the purpose of collective

bargaining through representatives of their own choosing;

2. To engage in lawful concerted activities for the same purpose or for their
mutual aid and protection,

194. Art. 274 [261] of the Labor Code provides violations of a collective bargaining
agreement, except those which are gross in character, shall no longer be treated as
unfair labor practice and shall be resolved as grievances under the collective
bargaining agreement for purposes of this Article, gross violations of a collective
bargaining agreement shall mean flagrant and/or malicious refusal to comply with
the economic provisions of such agreement. What are examples of violations of the
CBA which are not considered ULPs, irrespective of whether they have been
committed by the employer or the union?

1. Ordinary violations of a CBA which involve its non-economic/political

provisions;

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 2. Violations of its non-economic provisions, even if gross in nature; and

3. Violations of its economic provisions which are not gross in character.

195. What is the totality of Conduct Doctrine?

The totality of conduct doctrine means that expressions of opinion by an employer,

though innocent n themselves, may be held to constitute ULP because of the
circumstances under which they were uttered, the circumstances under which they were
uttered, the history of the particular employer's labor relations or anti-union bias or
because their connection with an established collateral plan of coercion or interference.
An expression which may be permissibly uttered by one employer might, in the mouth of
a more hostile employer, be deemed improper and consequently actionable as a ULP. The
past conduct of the employer and like considerations, coupled with an intimate
connection between the employer's action and the union affiliation or activities of the
employee or employees taken as a whole, may raise a suspicion as to the motivation for
the employer’s conduct. The failure of the employer to ascribe a valid reason therefor
may justify an inference that his unexplained conduct in respect of the particular
employee or employees was inspired by the latter's union membership and activities.

196. What are the jurisprudentially declared acts of the ULP involving Employer’s
Interference, Restraint or Coercion?

Certain specific acts have been jurisprudentially declared as ULP in a number of cases
which involves interference, restraint or coercion by the employer. These acts may
generally have classified as follows:

1. Dismissals;
2. Threats;
3. Questioning and interrogation;
4. Offers and Promises;
5. Espionage and surveillance;
6. Interference in intra-union affairs;
7. Other forms of interference, restraint or coercion.

197. What are threats that constitute ULP? Give examples.

The mere issuance of a threat by the employer, even if not actualized, may already
constitute ULP. Examples are as follows:

a. Threatening employees with loss of jobs or benefits or promotional

opportunities if they join or vote for a union or engage m protected concerted
activity.

b. Threatening to close the plant if employees select a union to represent them or

to discourage union activity or support.

c. Stating to employees that union bargaining is futile or a strike is inevitable.

d. Threatening the union recruiter with bodily harm when he refused to yield the
demand of the employer to surrender the union affiliation forms.

198. What is a yellow dog contract?

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 “Yellow dog contract” or a yellow-dog clause of a contract is an employment agreement
which requires from employees, as a condition of employment, that they shall not join or
belong to a labor organization, or attempt to organize one during their period of
employment or that they shall withdraw therefrom in case they are already members
thereof.

199. When is “contracting-out” becomes an unfair labor practice?

It is only when the contracting out of a job, work or service being performed by union
members will interfere with, restrain or coerce employees in the exercise of their right to
self-organization that it shall be unlawful and shall constitute Unfair Labor Practice.

200. Is yellow union illegal?

Yes. Yellow Union or Company Union is an Unfair Labor Practice of employer.

An employer is prohibited to initiate, sponsor, dominate, control, assist or otherwise

interfere with the formation or administration of any labor organization, including the
giving of financial or other support to it or its organizers or supporters or bringing
pressure upon employees to join a union.

201. MALULUPET UNION, the sole and exclusive bargaining agent of MALULUPET
GROUP, held a strike. While some union members were conducting the strike, some
reported for work. However, the union members were prevented by employer enter
the premises. Employees who were not union members were allowed to enter the
company. MALULUPET UNION now sues MALULUPET GROUP for unfair labor
practice due to discrimination. Decide.

I will rule in favor of MALULUPET GROUP. In the case of Rizal Cement Workers
Union v. Madrigal and Co., it was held that the refusal to allow the employees to work
and the requirement that they should stay out of the premises in the meantime while the
strike was still going on is not discrimination.

This is borne out of the company’s justified apprehension and fear that sabotage might be
committed inside the company premises.

Further, there is no showing that the act of the company was intended to induce the
employees to renounce their union membership or as a deterrent for non-members to
affiliate; nor was it shown that it is a retaliatory measure against the activities of the
union.

202. After a valid strike, the employer required the strikers to undergo medical
examination before being admitted to work. Is this requirement valid? Why or why
not?

No, the requirement is invalid.

Requiring medical examination as a condition precedent for reinstatement or return to

work is not proper. This is because the conduct of a strike does not severe the employer-
employee relationship between the employer and the strikers, even if there is a pending
unfair labor practice case.

As a rule, the strikers may be subjected to periodic physical or medical examination, but
not as a precondition to their reinstatement or return to work.

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 203. Some union members of LABOR UNION disaffiliated with the union and joined
another union. They were then dismissed for violating the LABOR UNION’s closed-
shop union security provision in the CBA. Aggrieved, the dismissed union members
claim that they were not aware that such provision exists. Rule on their contention,

Their contention is without merit.

The rule is that ignorance of the existence of the union security provision in the CBA is
not an excuse.

The terms and conditions of the CBA would not justify breach thereof because the CBA
gives rise to valid enforceable contractual relations, against the individual union members
in matters that affect them peculiarly, and against the union in matters that affect the
entire membership or large classes of its members.

Further, a union member who is employed under an agreement between the union and his
employer is bound by the provisions thereof, since it is a joint and several contract of the
members of the union entered into by the union as their agent.

204. Enumerate the common grounds that are usually invoked by the SEBA to justify
termination of employment.

(1) Refusal to become members of the SEBA of:

a. employees who are neither member of the SEBA nor of any other union/s
at the time of the signing of the CBA; or

b. future, newly-hired employees upon their regularization;

(2) Resignation by its existing members;

(3) Expulsion on the following grounds:

a. Disloyalty to the SEBA;

b. Commission of any act's inimical to the interest of the SEBA;
c. Refusal to pay union dues and other assessments;
d. Commission or conviction of a felony, offense or crime as defined by the
Revised Penal Code or any special laws against any union officer or
member in relation to activities for and in behalf of the SEBA;
e. Organizing and/or joining another labor organization claiming jurisdiction
similar to that of the SEBA or affiliating with a labor federation without
its approval;
f. Involvement in any violation of the union security agreement or the
SEBA's
Constitution and By-Laws; or
g. Participation in a ULP or any derogatory act against the SEBA or any of
its officers or members.

205. To whom should the union security clause apply?

Union security clause should apply only to persons to be hired or to employees who are
not yet members of any labor organization at the time of the signing of the CBA.

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 206. Is a closed shop agreement requiring all employees to join the SEBA valid?

A union security provision such as a closed shop agreement requiring all employees to
join the SEBA is not valid.

Hence, such a stipulation in a CBA cannot be given effect as to cover and bind employees
who are not members of any labor organization at the time of the effectivity of the CBA.

207. Can the employer dismiss an expelled union member without the union’s
recommendation?

No. An employee expelled by the union cannot be dismissed by the employer on the
ground of violation of the union security clause without the appropriate recommendation
of the union to that effect. The fact of union expulsion alone would not be a sufficient
justification for the employer to dismiss the expelled employee; the employer should wait
for the union recommendation before he could act thereon.

208. What is the meaning of "independent and separate hearing" in termination based
on union security clause?

The use of the phrase "independent and separate hearing” in connection with the due
process required in termination grounded on violation of the union security clause means
that the employer is not duty-bound to immediately implement the recommendation to
terminate made by the SEBA, it has to conduct its own hearing independent and separate
from any hearing as may have earlier been conducted by the SEBA.

209. Distinguish union due process from employer due process.

The due process required to be observed by the union prior to its member's expulsion
concerns the termination of his membership with the union; while the due process that
must be complied with by the employer pertains to the termination of his employment
with the employer.

210. Company XYZ hastily and summarily dismissed its five employees even without
conducting any hearing. The dismissal was recommended by the union’s mother
federation for “disloyalty in having instigated disaffiliation.” Under their CBA, it
provides free and harmless clause which states “... for disloyalty to the union shall
be dismissed from employment by the Company upon request in writing by the
Union, which shall hold the COMPANY free from any liability arising from or
caused by such dismissal.” Is the company liable for the dismissal of its employees
despite the provision of free and harmless clause in the CBA?

Yes, the company is liable jointly and severally with the federation for the reinstatement
and payment of full back wages to the dismissed workers despite the provision of free
and harmless clause in the CBA.

211. XYZ Company lodged an action of cross-claim for reimbursement with the Labor
Arbiter against XYZ Employees Union which was liable for ULP pursuant to the
CBA. After considering all the circumstances of the case, the Labor Arbiter passed
a judgment in favor of XYZ Company. Does the Labor Arbiter have jurisdiction
over the cross-claim for reimbursement?

No, the Labor Arbiter has no jurisdiction over the cross-claim for reimbursement. The
employer cannot assert his right of reimbursement by way of a cross-claim in the same

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 labor proceeding before the Labor Arbiter. He should lodge it through voluntary
arbitration in which Voluntary Arbitrator or Panel of Voluntary Arbitrators is/are vested
with jurisdiction.

212. What is Beck Rights doctrine?

Employees who are not members of the SEBA can object to paying any agency fees to
the SEBA other than for “representational or CBA-related purposes.” This means that the
SEBA, through the exercise by the employees of the Beck rights, cannot be allowed to
impose as part of the agency fee, any money that is used for politics or other
nonrepresentational activities. The most that non-SEBA members can be required to pay
is an agency fee that equals to their share of what the SEBA can prove is its “costs of
collective bargaining, contract administration, and grievance adjustment with their
employer.”

213. Samahan ng Manggagawa sa Ren Transport (SMART) is a registered union, which

had a five-year collective bargaining agreement (CBA) with Ren Transport Corp.
(Ren Transport) set to expire on December 31 2004. The 60-day freedom period of
the CBA passed without a challenge to SMART’s majority status as bargaining
agent. SMART thereafter conveyed its willingness to bargain with Ren Transport,
to which it sent bargaining proposals. Ren Transport, however, failed to reply to
the demand.Subsequently, two members of SMART wrote to the DOLE. The office
was informed that a majority of the members of SMART had decided to disaffiliate
from their mother federation to form another union, Ren Transport Employees
Association (RTEA). SMART contested the alleged disaffiliation through a letter
dated 4 April 2005. During the pendency of the disaffiliation dispute at the DOLE,
Ren Transport stopped the remittance to SMART of the union dues that had been
checked off from the salaries of union workers as provided under the CBA.
Further, on April 19, 2005, Ren Transport voluntarily recognized RTEA as the sole
and exclusive bargaining agent of the rank-and-file employees of their company.
On 6 July 2005, SMART filed with the labor arbiter a complaint for unfair labor
practice against Ren Transport. Is Ren Transport violated its duty to bargain
collectively?

Yes. Ren Transport violated its duty to bargain collectively with union SMART, the
incumbent bargaining agent, because of its refusal to submit to the latter its CBA counter-
proposals on the basis of its position that it has ceased to be the exclusive bargaining
agent of the rank and file employees by reason of the disaffiliation of the majority of its
members.

It is during the freedom period, or at least 60 days before the expiration of the CBA,
when another union may challenge the majority status of the bargaining agent through the
filing of a petition for certification election. If there is no such petition filed during 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.

In the present case, the facts are not up for debate. No petition for certification election
challenging the majority status of SMART was filed during the freedom period, which
was from November 1 to December 31, 2004, a the 60 day period prior to the expiration
of the five year CBA. Therefore, SMART remained the exclusive bargaining agent of the
rank and file employees.

214. XYZ company through its president, sent 2 sets of letters to the individual strikers
during the strike. The first contained promises of benefits to the employees in order
to entice them to return to work; while the second contained threats to obtain
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 replacements for the striking employees in the event they do not report for work on
June 2, 2019. XYZ Company contends that the sending of the letters constituted a
legitimate exercise of their freedom of speech. The Supreme Court, however,
disagreed. The said letters were directed to the striking employees individually – by
registered special delivery mail at that – without being coursed through the unions
which were representing the employees in the collective bargaining. Moreover, the
sending of these letters is not protected by the free speech provisions of the
Constitution. The free speech protection under the Constitution is inapplicable
where the expression of opinion by the employer or his agent contains a promise of
benefit or threats or reprisal. Is the employer’s act, XYZ Comapany, of negotiating
with union members individually unfair labor practice?

Yes, it is ULP for an employer operating under a CBA to negotiate or to attempt to

negotiate with his employees individually in connection with changes therein.

And the basis of the prohibition regarding individual bargaining with the strikers is that
although the union is on strike, the employer is still under obligation to bargain with the
union as the employees’ bargaining representative.

Such actions are illegal as constituting unwarranted acts of interference.

Thus, the act of a company president in writing letters to the strikers, urging their return
to work on terms inconsistent with their union membership, constitutes interference with
the exercise of his employees’ right to collective bargaining.

215. What is “surface bargaining” and “Blue-sky bargaining”?

Surface bargaining is defined as going through the motions of negotiating without any
legal intent to reach an agreement. It is a form of unfair labor practice that may only be
committed by the employer whereas, Blue-sky bargaining means making exaggerated or
unreasonable proposals. This is a kind of unfair labor practice which can only be
committed by a SEBA.

216. RGB Employees' Union (RGBEU), the SEBA of RGB Corporation, entered into a
CBA with their employer. In the CBA, there is a union security clause, wherein
RGBEU shall be a "closed-shop" for all the rank-and-file and non-managerial
employees of RGB Corporation. Yanis Antitokomport, a maintenance crew
member in charge of cleaning the bathrooms, did not want to join the union and
continue to pay union dues because of his low salary in the company. What is the
legal effect on RGBEU if Yanis is dismissed by the company by reason of the union-
security clause mentioned in the facts.

RGBEU may be liable for committing unfair labor practice of restraining or coercing
employees in the exercise of their right to self-organize.

The mere existence of a union-security clause in the CBA is no fool-proof assurance that
termination is the immediate consequence for its violation. A dismissal based on a union
security clause which does not expressly authorize it for its violation constitutes ULP.

Here, RGBEU may have a union security clause with RGB Corporation, but the CBA
does not expressly give RGBEU the authority to recommend for the dismissal of
employees that do not join or choose to leave the union.

Thus, RGBEU may be liable.

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 217. RGB Employees' Union (RGBEU), the SEBA of RGB Corporation, entered into a
CBA with their employer. In the CBA, there is a union security clause, wherein
RGBEU shall be a "closed-shop" for all the rank-and-file and non-managerial
employees of RGB Corporation, and the "voluntary disaffiliation from or removal
from the union shall be a just cause for termination of employment." Kael Cosma,
a rank-and-file employee, expressed his refusal to affiliate with the union because
this was against the teachings of his church, Simbahan ni Jordan. A
recommendation by the union for termination of Kael was submitted by RGBEU to
the management of RGB Corporation. The management, after two days, informed
the union of their denial of the request to dismiss Kael due to religious grounds.
RGBEU now goes to the Labor Arbiter to file an Unfair Labor Practice case
against RGB Corporation. If you were the Labor Arbiter, how will you decide the
case?

I will dismiss the case against the employer.

The employee discharged on the basis of the recommendation of a union is a religious

objector, hence, exempted from the coverage of any form of union security clause, the
employee cannot be dismissed by the employer on that ground.

It may even be considered ULP on the part of the labor organization which recommended
the employee's dismissal.

Thus, the employer, RGB Corporation, cannot be held liable for ULP by opting not to
dismiss Kael despite the recommendation of the SEBA because of Kael's religious
beliefs.

218. Dino Van Michel, seeing that there was no union in his work place, Ota Inc.,
decided to gather up all the rank-and-file employees of the establishment to form
such union. Out of his endeavors with his co-worker, Kris Po-ol, they created the
Samahan ng Mga Manggagawa sa Ota. They have submitted all the necessary
documents for their registration as a legitimate labor organization, and on their
way to request to be the sole and exclusive bargaining agent of the establishment.
While all of these are pending, Dino Van and the union received a demand from
Ota Inc. for collective bargaining and negotiation. The union officers decided it is
within their best interest to decline, and so they rejected their employer's demand.
So, Ota, Inc. filed a ULP case against the union. Will the case against the union
prosper?

No, the case filed by Ota, Inc. against the union will not prosper.

The Labor Code expressly provides that only that union certified as the sole and
exclusive bargaining agent (SEBA) of the establishment has the duty to bargain
collectively with their employer, and only the SEBA's refusal to collectively bargain shall
amount to an unfair labor practice.

In this case, the union has yet to become the SEBA of Ota, Inc., let alone, a legitimate
labor organization because it is still on its way from registering itself as a legitimate labor
organization with the Department of Labor and Employment. Hence, being a non-SEBA,
the union cannot be liable for ULP.

219. What are the conditions for a union or any of its agents or representatives to be
liable for ULP on the ground of asking or accepting negotiation fees or attorney’s
fees?

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 Following are the requisites to hold a union liable for ULP based on this particular
ground:

(1) The union or any of its officers, agents or representatives commit either of the
following acts:

a. to ask for negotiation fees or attorney's fees; or

b. to accept negotiation fees or attorney's fees;

(2) The negotiation fees or attorney's fees are demanded from, or given by, the
employer as part of the settlement of any of the following issues:

a. in collective bargaining; or
b. in any other dispute.

220. When can the employer validly refuse to bargain collectively?

When the union demanding the right to bargain collectively is not the SEBA. The
employer has no such duty to bargain with the individual workers or with the minority
union.

221. In a collective bargaining negotiation, can the employer be liable for ULP when he
does not agree on the terms set by the SEBA?

The purpose of collective bargaining is to reach an agreement resulting in a contract

binding on the parties; but the failure to reach an agreement after negotiations continued
for a reasonable period does not establish lack of good faith.

The statutes invite and contemplate a collective bargaining contract, but they do not
compel one. The duty to bargain does not include the obligation to reach an agreement.

222. What is meant by the 60-day freedom period?

When there is an existing CBA, the parties thereto are bound to observe the terms and
conditions therein set forth until its expiration. Neither party is allowed to terminate nor
modify such agreement is within the period of at least 60 days period to its expiration
date by serving a notice to that effect.” This last 60day period of the 5-year lifetime of the
CBA immediately preceding its expiration is called the “freedom period.” It is
denominated as such because it is the only time when the law allows the parties to freely
serve a notice to terminate, alter or modify the existing CBA. It is also the time when the
majority status of the SEBA (SEBA means Sole and Exclusive Bargaining Agent) may be
challenged by another union by filing the appropriate petition for certification election.

223. If unchallenged during the 60-day freedom period, is the majority status of the
existing SEBA should continue to be recognized?

Yes. 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’s majority status is posed by another union.

224. Is the successor employer has the duty to bargain?

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 Yes. It is well-recognized principle that it is within the employer’s legitimate sphere of
management control of the business to adopt economic policies or make some changes or
adjustment in its organization or operations that would insure profit to itself or protect the
investment of its stockholders. As in the exercise of such management prerogative, the
employer may merge or consolidate its business with another, or sell or dispose all or
substantially all of its assets and properties.

The transfer of assets and employees from one employer to another leaves intact the
identity of the employing enterprise. The transferor’s duty to recognize and bargain with
the incumbent SEBA devolves upon the transferee as “successor employer.” This mean
that an acquiring employer becomes the successor to the bargaining obligations of the
predecessor if there is continuity in the business operation.

225. Who are the employees entitled to CBA benefits?

Based on jurisprudence, the following are entitled to the benefits stipulated in the CBA:
(1) Members of the SEBA;
(2) Non-members of the SEBA but are members of the collective bargaining unit;
(3) Members of the minority union's who paid agency fees to the SEBA; and
(4) New employees hired after the conclusion of the CBA and during its
effectivity or even after its expiration.

226. What is the effect if the CBA stipulations are below the minimum legal standards?

The parties to a CBA are not allowed to stipulate below the minimum standards provided
under the law. Entering into a CBA which contains terms and conditions of employment
below legally mandated minimum standards will not, despite its registration, constitute a
bar to the conduct of a certification election should another union challenge the majority
status of the SEBA which negotiated it.

Entering into a CBA providing benefits below the minimum standards set by law is one
of the grounds for cancellation of union registration.

This ground, however, has been deleted by the amendatory provision of R.A. No. 9481,
which took effect on June 14, 2007.

227. Will the sufferance of extreme business losses by the employer exempt it from
complying with its commitment to grant benefits in the CBA?

The answer to this poser will depend on the stipulations attendant to and surrounding
such grant of benefits.

The conditions under which the benefits are granted in the CBA should be examined to
determine whether despite the losses, they can still be demanded and enforced.

For instance, if their grant is conditioned on the profitability and productivity of the
employer, then they may not be demandable and enforceable during times when the
employer's operation is unprofitable and unproductive.

But if no such condition is attached to the grant of the benefits and contrarily, it appears
that the employer was fully aware of its distressed condition when it granted the same in
the CBA, then, it shall be demandable and enforceable despite the unprofitable and
unproductive business operation.

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 This is stated in Benson Industries Employees Union ALU-TUCP v. Benson Industries,
Inc.

228. What are the kinds of collective bargaining? Define and briefly explain each.

The two kinds of collective bargaining are single-enterprise bargaining and

multiemployer bargaining.

Single-enterprise bargaining is one which involves a CBA negotiation between one

certified sole and exclusive bargaining agent (SEBA) and one employer. It is appropriate
when any certified SEBA demands negotiations with the employer regarding the terms
and conditions of employment of employees in the bargaining unit it represents.

Multi-employer bargaining is one involving a CBA negotiation between and among

several certified SEBAs and employers and may be initiated by the labor unions or
employers.

229. What are the essential requisites of collective bargaining?

Prior to any collective bargaining negotiations between the employer and the
SEBA, the following requisites must first be satisfied:

(1) Employer-employee relationship must exist between the employer and the
members of the bargaining unit being represented by the SEBA.

(2) The majority status of the SEBA must be duly established through any of the
modes sanctioned by law such as SEBA Certification (which replaced the
mode of "Voluntary Recognition") or certification, consent, run-off or re-run
election. Proof of the majority status of the union demanding negotiation
should be clearly established; otherwise, the employer has no obligation to
engage in collective bargaining negotiations with it and it has the right to
refuse to negotiate until such official proof is presented.

(3) The bargaining unit being sought to be represented by the SEBA should be
validly constituted and established in accordance with law.

(4) There should a lawful written demand to bargain and a clear statement of the
proposals by one party to negotiate an agreement and the equivalent
counterproposals thereto by the other party before the collective bargaining
negotiations process may validly commence.

230. May an arbitral award be the subject of renegotiation?

No. Arbitral award cannot be subject of re-negotiation.

Having freely agreed to submit the unresolved issues through the arbitration process, the
parties are duty-bound to adhere and comply with the arbitral award rendered therein and
subsequently execute a CBA completely reflecting and incorporating the arbitrally
awarded benefits and other terms and conditions without further need to discuss again
and re-negotiate them.

Consequently, an order to this effect may be issued by the arbitration authority which
issued the arbitral award.

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 231. When is there a deadlock in collective bargaining?

There is a deadlock in collective bargaining when there is a failure in the collective

bargaining negotiations between the collective bargaining agent and the employer
resulting in an impasse or stalemate on all or some of the issues subject of the
negotiation.

232. What are the modes of resolving CBA issues?

The modes are:

a. Voluntary arbitration before a mutually chosen Voluntary Arbitrator or panel

of Voluntary Arbitrators; and

b. Compulsory arbitration in national interest cases under the Labor Code

before:

i. the DOLE Secretary, under his assumption of jurisdiction power; or ii.

the NLRC in similar cases certified to it by the DOLE Secretary.

233. What is the effect of refusal of the employer to negotiate the CBA?

The refusal indicates bad faith and constitutes unfair labor practice, as it violates the duty
to bargain collectively as prescribed by the Labor Code.

234. What are the kinds of collective bargaining? Define and briefly explain each.

The two kinds of collective bargaining are single-enterprise bargaining and

multiemployer bargaining:

Single-enterprise bargaining is one which involves a CBA negotiation between one

certified sole and exclusive bargaining agent (SEBA) and one employer. It is appropriate
when any certified SEBA demands negotiations with the employer regarding the terms
and conditions of employment of employees in the bargaining unit it represents.

Multi-employer bargaining is one involving a CBA negotiation between and among

several certified SEBAs and employers and may be initiated by the labor unions or
employers.

235. What are the essential requisites of collective bargaining?

Prior to any collective bargaining negotiations between the employer and the
SEBA, the following requisites must first be satisfied:

(1) Employer-employee relationship must exist between the employer and the
members of the bargaining unit being represented by the SEBA.

(2) The majority status of the SEBA must be duly established through any of the
modes sanctioned by law such as SEBA Certification (which replaced the
mode
of "Voluntary Recognition") or certification, consent, run-off or re-run
election. Proof of the majority status of the union demanding negotiation
should be clearly established; otherwise, the employer has no obligation to

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 engage in collective bargaining negotiations with it and it has the right to
refuse to negotiate until such official proof is presented.

(3) The bargaining unit being sought to be represented by the SEBA should be
validly constituted and established in accordance with law.

(4) There should a lawful written demand to bargain and a clear statement of the
proposals by one party to negotiate an agreement and the equivalent
counterproposals thereto by the other party before the collective bargaining
negotiations process may validly commence.

236. May an arbitral award be the subject of renegotiation?

No. Arbitral award cannot be subject of re-negotiation.

Having freely agreed to submit the unresolved issues through the arbitration
process, the parties are duty-bound to adhere and comply with the arbitral award
rendered therein and subsequently execute a CBA completely reflecting and
incorporating the arbitrally awarded benefits and other terms and conditions
without further need to discuss again and re-negotiate them.

Consequently, an order to this effect may be issued by the arbitration authority

which issued the arbitral award.

237. According to SMTFM-UWP, the CBA provision on the removal of the additional
5days special leave were attendant with bad faith when the employer coerced them
to agree on such terms in exchange of additional 3 days in their paid vacation
leaves. Can bad faith bargaining affect the validity of the CBA and imputed to one
of the parties? If in case the employer committed a grave violation of the terms and
conditions of the CBA, will the union be precluded in claiming unfair labor
practice?

Jurisprudence provides that as a general rule, bad faith can no longer be imputed upon
any of the parties and the CBA provisions are supposed to have been jointly and
voluntarily incorporated therein by the parties and the CBA is enough proof that the
company exerted reasonable effort at good faith bargaining.

The signing of the CBA rules out the presence of bad faith bargaining, however, this does
not estopped the parties to claim charges of unfair labor practice against each other.

238. Due to continuing operational losses of San Lazaro Hospital, the management
decided to close the business permanently the following year during the 5th
anniversary of the 5-year term CBA. Six months prior to the expiration date of the
CBA, the Samahan
ng Manggagawa ng San Lazaro Hospital is compelling the management to renew the
CBA. Is the claim of the Samahan tenable?

No. Jurisprudence provided that an employer which has already decided to close shop
cannot be compelled to enter into a new CBA with the union for the very simple reason
that to do so would be to compel the employer to continue its business when it had
already decided to close shop and that would be judicial tyranny on its part.

Thus, in this case, the Samahan ng Manggagawa ng San Lazaro cannot compel the
management of the San Lazaro Hospital to renew the CBA for another 5 years due to it
decision to close the hospital.
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 239. In August 2019, Digong Corporation and Samahan ng mga Manggawang
Busypresidente ni Digong entered into a CBA but was only ratified by 181 out of 370
employees. In April 2020, the employees received their second quarterly bonus of
P10,000.00. Later that year, Bongga, the President of the union is claiming that the
CBA is not effective because the CBA was not ratified by majority of the employees
composing the bargaining unit. This is with the intention of proposing to increase the
quarterly bonus to P30,000.00 to be paid semi-annually. Are the provisions of the
first CBA indeed ineffective? If yes, why? If no, why not?

The provisions of the first CBA are effective. As a general rule, in order for the CBA and
its provisions to become effective it must be expressly ratified by majority of the
members of the bargaining unit.

However, jurisprudence provided that the CBA can be impliedly ratified despite the non-
compliance to the express ratification of the members of the bargaining unit specially
when the employees availed and enjoyed the benefits therefrom.

They cannot receive benefits under the provisions favorable to them and later insist that
the CBA is void simply because other provisions turn out not to the liking of certain
employees.

In this case, the CBA was expressly ratified by 181 employees only out of the total 370
employees of the bargaining unit but the employees already received and enjoyed the
quarterly bonus of P10,000.00, hence, there was an implied ratification of the CBA. It is
grossly unfair to receive benefits from a CBA and later on disclaim its validity.

240. What are the standard stipulations in a CBA?

The stipulations in a CBA may be classified into two (2), namely:

a. Non-economic or political; and

b. Economic or non-political.

241. Can the existing stipulations in the CBA be changed unilaterally?

No. Being the law between the parties, unilaterally changes or suspensions in the
implementation of the provision of the CBA cannot be allowed without the consent of
both parties.

242. What are three (3) categories of CBA subjects?

The subjects of CBA are classified into three (3) categories, namely:

a. Mandatory;
b. Permissive or voluntary; and
c. Illegal.

243. Is it possible to renegotiate the Collective Bargaining Provisions before the end of
its 5th year term?

Yes, there may be a renegotiation of the Collective Bargaining Provisions before the end
of its 5th year term.

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 Considering that the 5-year period is quite long during which the economic situations of
the parties may have already substantially changed, the need for the parties to re-assess
and re-negotiate all the provisions of the CBA, except its representation aspect, after the
lapse of the first three (3) years of its 5year term.

Such re-negotiation, however, should only pertain to the terms and conditions of the
parties; relationship for the last remaining two (2) years of the CBA; 5-year lifetime.

244. What is the Defunct Doctrine?

The Defunct Doctrine a union is considered defunct if it is unable or unwilling to

represent the employees.

However, mere temporary inability to function does not constitute defunctness; nor is the
loss of all members in the unit equivalent of defunctness if the representative otherwise
continues in existence and is willing and able to represent the employees.

245. When does a Collective Bargaining Agreement become effective?

A CBA becomes effective on the date mutually agreed upon by the parties as its
effectivity date. They may thus freely set it on any of the following:

(1) on the date of its signing and execution; or

(2) prospectively, at a future date from the date of its signing and execution; or
(3) retrospectively, from the date of its signing and execution to such date in the
past as may be mutually fixed by them.

246. What is the rule on retroactivity incase a renewed CBA is concluded after 6 months
from expiry of the 3rd year of the current 5-year CBA?

In case the renewed CBA is concluded beyond 6 months after the expiry of the 3rd year
of the CBA, the rule is there is no automatic retroaction of its effectivity to the day
immediately following the expiry/ date but the parties should agree on the duration of
retroactivity thereof.

247. May prospectively Rule be stipulated when there is no agreement as to retroactivity

of the CBA?

Yes, if no agreement is reached within 6 months from the expiry date of the 3 years that
follow the CBA execution, the law expressly gives the parties – not anybody else – the
discretion to fix the effectivity of the agreement. Significantly, the law does not
specifically cover the situation where 6 months have elapsed but no agreement has been
reached with respect to effectivity.

In this eventuality, prospectivity may be ordered instead of retroactivity.

248. What is the “Hold Over” Principle?

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 the parties.

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 Consequently, there being no new agreement reached, the automatic renewal clause
provided for by the law which is deemed incorporated in all CBAs, provides the reason
why the new CRA can only be given a prospective effect.

249. What is the rationale behind prohibiting issuance of a temporary or permanent

injunction or temporary restraining order (TRO) in any case involving labor
disputes?

The reason for prohibiting the issuance of a temporary or permanent injunction or

temporary restraining order (TRO) in any case involving or growing out of labor
disputes, except in the specified cases mentioned in the law, is to afford more or less
equal bargaining power to labor in dealing with the employer.

The prohibition must be liberally construed in favor of the workingman as the same
involves not merely procedural but substantive rights.

250. What is the “Innocent Bystander Rule”?

The “Innocent Bystander Rule,” the third party employers or “innocent bystanders” who
have no employer-employee relationship with the picketing strikers, may apply for
injunction with the regular courts to enjoin the conduct of the picket.

Because of the absence of such employer-employee relationship, the NLRC cannot

entertain such application for injunction from “innocent bystanders.”

251. As a general rule, injunction cannot be issued against the conduct of picketing by
the workers for it is considered part of the freedom of speech duly guaranteed by
the Constitution. What are the situations excepted from this legal proscription?

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

b. Where picketing involves the use of violence and other illegal acts
c. Where picketing affects the rights of third parties and injunction becomes
necessary to protect such rights.

252. What is a SEBA?

SEBA refers to a legitimate labor union duly certified as the sole and exclusive
bargaining representative or agent of all the employees in a CBU.

A labor union certified as SEBA means that it shall remain as such during the existence
of the CBA, to the exclusion of all other labor organizations existing and operating in the
same CBU, and no petition for certification election (PCE) questioning its majority status
shall be entertained nor shall certification election be conducted outside of the 60-day
freedom period immediately before the expiry date of the 5-year term of the CBA.

Once certified, what is represented by the SEBA are not only its members but also those
who are members of other unions, called minority; unions, who are included in the CBU.

253. May a non-certified union collectively bargain with the employer?

No. The labor organization selected by the majority of the employees in an appropriate
CBU through any of the proper certification processes can act as the exclusive
representative or SEBA of all the employees in such unit for purposes of collective
bargaining with the employer.

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 Hence, if the union is admittedly not the exclusive representative of the majority of the
employees in a CBU, it could not demand from the employer the right to bargain
collectively in their behalf.

254. May the SEBA refused to represent the non-SEBA members?

No. 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 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, 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.

255. Zoomanen Corporation is an unorganized establishment with two legitimate labor

organizations, Samahang Manggagawa sa Zoomanen (SMZ) and Zoomanen Union
(SU). SMZ filed a Request for SEBA Certification with the DOLE Regional Office
which issued its certificate of registration. May the Regional Director grant the
Request? Explain.

No. The Request for SEBA Certification 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 an
unorganized establishment with more than one legitimate labor organization.

256. Explain the Certification year bar rule.

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.

257. United Oppa Workers Union (UOWU) is a labor organization composed of the
rankand-file employees of Oppa Corporation (OPPA). UOWU requested OPPA to
bargain collectively for better terms and conditions of employment of all the rank-
in-file employees of OPPA. Consequently, Juan Paksu, President of OPPA filed a
petition with the Bureau of Labor Relations (BLR) for the direct certification of
UOWU as the sole bargaining representative of the rank-and-file employees. May
the certification be granted? Explain.

No. Direct certification as a method of selecting the exclusive bargaining agent of the
employees is no longer allowed by virtue of President Corazon Aquino’s Executive Order
No. 111.

This is because the conduct of certification election is still necessary in order to arrive in
a manner definitive and certain concerning the choice of the labor organization to
represent the workers in a collective bargaining unit.

258. Distinguish organize from unorganized establishment?

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.

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 An “unorganized establishment” on the other hand is a firm or company where there is
one CBU and no certified SEBA or it is a firm or company where there are several CBUs
and one of the CBU existing therein have no certified SEBA.

259. What is the significance of the 60-day freedom period when filing a petition for
certification election in organized establishment?

The significance of the 60-day freedom period is that it is strictly observed in determining
the validity of the filing of the petition.

It is only during this period that a PCE may be filed by a challenging union. It cannot be a
day before or after this period.

If it is filed a day earlier or longer, then it is considered prematurely filed; if it is a day

after or longer, then it is considered belatedly filed.

260. Is the employer a party to the certification election? If so what is the role of the
employer in the certification election?

No the employer shall not be considered a party to the 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
Mediator Arbiter act favorably on the petition.

261. What is certification election?

“Certification election” refers to the process, voluntarily and mutually agreed upon by the
contending unions, of determining through secret allot of the SEBA of the employees in
an appropriate CBU for purposes of collective bargaining or negotiation.

It is conducted with or without the intervention of the DOLE.

262. Give at least three (3) distinctions between consent election and certification
election.

(1) The former is held upon the mutual agreement of the contending unions,
while the latter does not require the mutual consent of the parties as it is
conducted upon the order of the Mediator-Arbiter;

(2) The former may be conducted with or without the control and supervision of
the DOLE, while the latter is always conducted under the control and
supervision of the DOLE;

(3) The former is being conducted as a voluntary mode of resolving labor dispute,
while the latter, although non-adversarial, is a compulsory method of
adjudicating a labor dispute; OR

(4) The former is given the highest priority, while the latter is resorted to only
when the contending unions fail or refuse to submit their representation
dispute through the former. This is so because under the Implementing Rules,
as amended, even in cases where a PCE is filed, the Mediator-Arbiter, during

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 the preliminary conference and bearing thereon, is tasked to determine the
possibility of a consent election. It is only when the contending unions fail to
agree to the conduct of a consent election during the preliminary conference
that the Mediator-Arbiter will proceed with the process of certification
election by conducting as many hearings as he may deem necessary up to its
actual holding. But in no case shall the conduct of the certification election
exceed 15 days from the date of the scheduled preliminary conference/hearing
after which time, the PCE is considered submitted for decision;

(5) The former necessarily involves at least two (2) or more contending unions,
while the latter may only involve one (I) union; and,

(6) The former may be conducted in the course of the proceeding in the latter or
during its pendency.

263. Do employees performing academic functions need to comprise a bargaining unit

distinct from that of the non‐academic employees?

Yes. Employees performing academic functions do need to comprise a bargaining unit

distinct from that of the non‐academic employees.

The mutuality of interest test should be taken into consideration.

There are two classes of rank and file employees in the university that is, those who
perform academic functions such as the professors and instructors, and those whose
function are non‐ academic who are the janitors, messengers, clerks etc.

Thus, not much reflection is needed to perceive that the mutuality of interest which
justifies the formation of a single bargaining unit is lacking between the two classes of
employees.

264. In a certification election involving four (4) unions, namely: Union A, Union B,
Union C, and Union D, where there are 100 eligible voters who validity cast their
votes, and the votes they each garnered are as follows: Union A – 35; Union B – 25;
Union C – 10; Union D – 15; and No Union – 15, may a run-off election be
conducted between Union A and Union B? Why?

Yes. A run-off election may be conducted between Unions A and B because:

(1) Not one of the unions mustered the majority vote of 51 votes but Union A and
Union B got the first two highest number of votes;

(2) If all the votes for the contending unions are added up, it will result in at least
50% of the valid votes cast (Union A – 35; Union B – 25; Union C - 10;
Union D – 15 for a total of 85 or 85%); and

(3) There are no objections of challenges which, if sustained, can materially alter
the result of the election.

265. Among the 400 regular rank-and-file workers of MNO Company, a certification
election was ordered conducted by the Med-Arbiter of the Region. The contending
parties obtained the following votes: (1). Union A - 70 (2). Union B - 71 (3). Union C
- 42 (4). Union D - 33 (5). No union - 180 (6). Spoiled votes - 4 There were no
objections or challenges raised by any party on the results of the election. If you

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 were the duly designated election officer in this case, what would you do to
effectively achieve the purpose of certification election proceedings?

I will conduct a run-off election between the labor union receiving the two highest
number of votes.

To have a runoff election, all the contending unions (3 or more choices required) must
have garnered 50% of the number of votes cast. In the present case, there are four (4)
contending unions and they garnered 216 votes.

There were 400 vote cast. The votes garnered by the contending unions is even more than
50% of the number of vote cast.

Hence, a run-off election is in order.

266. When is conduct of run-off election not justified?

In the event that, in a multiple-union certification consisting of 3 or more contending

unions, not one of them has garnered the majority of the valid votes cast and the resulting
total of all their votes, if added, is less than the threshold of “50% of the number of valid
votes cast,” the conduct of a run-off election is not justified and therefore not legally
feasible.

Consequently, no SEBA would be proclaimed and no new petition for certification

election would be entertained until after the lapse of one (1) year from and after the date
of the actual conduct of the certification election, pursuant to the so-called statutory bar
rule.

267. What is the effect of failure to appear during pre-election conference?

Failure of any party to appear during the pre-election conference despite notice shall be
considered as a waiver of its right to be present and to question or object to any of the
agreements reached in the pre-election conference.

However, this shall not deprive the non-appearing party of the right be furnished notices
of and to attend subsequent pre-election conferences.

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

The proper time question the list of qualified voters is during the pre-election conference.
It can no longer be contested during the actual conduct of the certification election.

269. May the election be held outside work premises?

Being a purely employee-activity, the election should, as a general rule, necessarily be

held in the place of employment of the employees.

Holding the election off premises controlled by the employer may be justified such as
when the employer unreasonably refuses to make its work premises available for that
purpose or has shown extreme antiunion bias.

In this eventuality, the Election Officer may exercise his/her sound discretion over the
election site. The contending unions, for their part, may mutually agree on the venue of
the election.

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 270. Does the pendency of a petition for cancellation of union registration preclude
collective bargaining?

No. The pendency of a petition for cancellation of union registration does not preclude
collective bargaining.

If a certification election may still be ordered despite the pendency of a petition to cancel
the union’s registration certificate, more so should the collective bargaining process
continue despite its pendency.

The majority status of union is not affected by the pendency of the Petition for
Cancellation pending against it.

Unless its certificate of registration and its status as the certified bargaining agent are
revoked, the employer is, by way of express provision of the law, duty bound to
collectively bargain with the union.

271. May an employer collaterally attack the legitimacy of a labor organization by filing
a motion to dismiss the latter’s petition for certification election?

Employers have no personality to interfere with or thwart a petition for certification

election filed by a legitimate labor organization, to wit:

SEC. 12. A new provision, Article 258-A is hereby inserted into the Labor Code
to read as follows:

"ART. 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."

Except when it is requested to bargain collectively, an employer is a mere

bystander to any petition for certification election; such proceeding is non-adversarial and
merely investigative, for the purpose thereof id to determine which organization will
represent the employees in their collective bargaining with the employer. The employer’s
only right in the proceeding is to be notifies or informed thereof.

272. Is a certification for no-forum shopping required in a petition for certification

election?

No. The requirement for a certificate of no-forum shopping refers to complaints, counter-
claims, cross-claims, petitions or applications where contending parties litigate their
respective positions regarding the claim for relief of the complainant, claimant, petitioner
or applicant.

A certification proceeding, even though initiated by a “petition”, is not a litigation but an

investigation of a non-adversarial and fact-finding character.

Such proceedings are not predicated upon an allegation of misconduct requiring relief
but, rather, are merely of an inquisitorial nature.

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 273. What is a difference between the concept of union/ legitimate labor organization
and the concept of a bargaining unit?

The concept of a union is that, any union or association of employees which exists in
whole or in part for the purpose of collective bargaining or of dealing with employers
concerning the terms and conditions of employment.

Upon compliance with the documentary requirements, the DOLE Regional Office or the
BLR and the issuance of certificate or registration, the union acquires legal personality
and becomes entitled to the rights and privileges granted by law to legitimate labor
organizations.

On the other hand, a bargaining unit has been defined as a “group of employees of a
given employer, comprises of all or less than all of the entire body of employees, which
the collective interest of all the employees, consistent with equity to the employer,
indicated to be best suited to serve reciprocal rights and duties of the parties under the
collective bargaining provisions of the law.

274. How is the appropriate CBU determined?

Labor laws do not provide the specific modes or criteria for determining the proper CBU.
However, based on jurisprudence, there are four doctrines which may be used to
determine the appropriate CBU, to wit:

(1) Community or mutuality of interest doctrine;

(2) Globe doctrine;
(3) Collective bargaining history doctrine; and (4) Employment status doctrine.

275. What is the “Globe Doctrine”?

Globe doctrine is based on the will of the employees. In defining the appropriate CBU
that in a case where the company’s production workers can be considered either as a
single bargaining unit appropriate for purposes of collective bargaining or as three (3)
separate and distinct bargaining units, the determining factor is the desire of the workers
themselves.

Consequently, a certification election should be held separately to choose which

representative union will be chosen by the workers.

276. What is the Doctrine of Accretion?

The doctrine of accretion applies when new employees are added by the employer to an
existing CBU by reason or as a result of any of the following:

(1) Creation of new jobs; or

(2) Acquisition of new facility or business.

277. What is the Doctrine of Co-Determination?

This is a constitutional and legal right where the employees are given the right to co-
determine or share the responsibility of formulating certain policies that affect three (3)
fundamental things, namely: their ( I ) rights, (2) benefits, and (3) welfare.

278. What is the main function of the Labor Management Council?

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 The LMC is meant to implement the declared policy of the State, as expressed in the
Constitution and in the laws to ensure the participation of workers in policy and decision-
making processes of the establishment where they are employed insofar as said processes
will directly affect their rights, benefits and welfare.

279. Enumerate at least 3 fundamental distinctions between Labor Management Council

and Grievance Machinery.

a. (1) Constitutional origin. -The creation of the LMC is based on the

constitutional grant to workers of the right to participate in policy and
decision-making processes;

b. Legal anchor. - The creation of LMC is provided under Article 266 [255] of
the Labor Code; while the formation of a GM is mandated under Article 272
[260] of the same Code.

c. Compulsory provision in the CBA. - Both LMC and GM are compulsorily

required to be embodied in the CBA in order for it to be considered a valid
agreement.

d. Purpose for creation. - The LMC is created for the purpose of affording
workers the right to participate in policy and decision-making processes in
matters affecting their rights, benefits and welfare; while that of the GM is to
resolve disputes and grievances arising from the interpretation or enforcement
of such policies or decisions.

e. Nature of functions. - The LMC is in the nature of a preventive mechanism

meant to foil and avoid problems from developing into disputes or grievances
or from ripening into full-blown litigations; while a GM is an adjudicatory
mechanism which is set into motion when a dispute or grievance has actually
occurred.

280. If there is an existing CBA in the bargaining unit, can an employer file a Petition
for certification election. (PCE)? In unorganized establishments, what are the
employer’s following options once a union requests or demands to collectively
bargain with it?

No. Under the law if there is an existing CBA in the bargaining unit, PCE is the principal
concern and domain of the workers.

The only time and the only exception when the employer may file such petition is when it
is requested by a union to bargain collectively.

The employer’s following options once a union requests or demands to

collectively bargain with it are as follows:

a. The employer will itself file a PCE with the BLR;

b. The employer will wait until the requesting union files the PCE itself; or
c. The employer will demand that the requesting union file the PCE itself.

281. Under Article 271 [258-A] was inserted by RA. No. 9481, what is the rule of the
employer in Certification Election cases whether the petition for certification
election is filed by an employer or a legitimate labor organization?

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 The rule of the employer in Certification Election cases whether the petition for
certification election is filed by an employer or a legitimate labor organization is limited
only to two (2) things, namely:

(1) To be notified or informed of the filing of the petition for certification

election; and
(2) To submit the list of employees during the pre-election conference, in case the
Med-Arbiter acts favorably on the petition by giving due course to it.

After the filing of such petition, the role of the employer in the certification process
ceases. It becomes merely a bystander. It should not involve itself in the process.

282. When does the “employer as bystander” rule not applicable?

The Employer as Bystander rule does not apply when existence of employer-employee
relationship is put at issue.

If the entity alleged to be the employer claims that no such employer-employee

relationship exists, the Employer as Bystander rule has no application therein and
accordingly, such entity shall be entitled to avail of all the rights guaranteed to it under
the law, such as the right to oppose the PCE, to appeal from any adverse ruling of the
Mediator Arbiter and to bring certiorari action from the DOLE Secretary’s decision to the
CA and ultimately to elevate it by way of appeal to the Supreme Court.

283. What are the remedies in case not all or, not majority, of the members of the
petitioning union are alleged to be non-employees?

If not all but only a few of the members of the petitioning union are alleged to be non-
employees, the Employer as Bystander rule certainly applies to the employer since there
are a number of its employees remaining as members thereof.

Consequently, the employer cannot oppose the petition but may avail of the
following remedies:

(1) Submit, during the pre-election conference, a list of the qualified voters
specifically excluding therein the members of the bargaining unit who are not
its employees; and/or

(2) Raise the ancillary issue of existence of employer-employee relationship

before the Mediator-Arbiter during the hearing(s) and in the pleadings; which
shall he resolved in the same order or decision granting or denying the
petition for certification election.

(3) In case its position is not sustained, the employer can then elevate the case to
a higher tribunal or court through the means and remedies allowed by law
(appeal or certiorari).

284. What are the rules on appeal between organized and unorganized establishments?

Rule on appeal in organized establishments:

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 The order granting the conduct of a certification election in an organized establishment
and the decision dismissing or denying the petition may be appealed to the Office of the
DOLE Secretary within ten (10) days from receipt thereof.

Rule on appeal in unorganized establishments:

The order granting the conduct of a certification election in an unorganized establishment

is not subject to appeal. Any issue arising from its conduct or from its results is proper
subject of a protest. Appeal may only be made in case of denial of the petition within ten
(10) days from receipt of the decision of denial.

285. Could there be a grievance without a SEBA or a CBA?

A “grievance” exists in both organized and unorganized establishments. Any issue,

controversy or problem that the employee or group of employees may wish to take up or
discuss with the employer respecting the terms and conditions of their employment for
the purpose of having it resolved or adjusted certainly constitutes a grievance. Thus, even
in unorganized or non-unionized establishments, a grievance machinery may be created
either:

(1) Unilaterally by the employer, or

(2) Bilaterally, by virtue of a mutual agreement between the employer and the
employees through their duly designated representative/s.

286. What is the effect if the CBA does not contain a provision on grievance
procedure/machinery?

A CBA will not be registered with the DOLE if it does not contain a provision on
grievance procedure/machinery which is a “must” provision required of all CBAs.

In the event that a CBA without such provision is submitted for registration, the registrar
should advise the parties to include a grievance procedure/machinery therein before it is
considered duly registered.

287. Does the filing of an appeal from the order of the Med-arbiter dismissing a petition
for certification election stops the holding of any certification election?

Once the order of the Med-Arbiter dismissing a PCE is seasonably appealed, such appeal
stops the holding of any certification election.

288. What Is the Procedure in Submitting Unresolved Grievances To Voluntary

Arbitration?

When a grievance remains unresolved, either party may serve notice upon the other of its
decision to submit the issue to voluntary arbitration. The notice should state the issue or
issues to be arbitrated and a copy thereof should be furnished to the NCMB or the
Voluntary Arbitrator or Panel of Voluntary Arbitrators named or designated in the CBA.

If the party upon whom the notice is served fails or refuses to respond favorably within
seven (7) calendar days from receipt thereof, the Voluntary Arbitrator or Panel of
Voluntary Arbitrators designated in the CBA should commence voluntary arbitration
proceedings. Where the CBA does not so designate the particular Voluntary Arbitrator,
the NCMB is mandated to call the parties and appoint a Voluntary Arbitrator or Panel of
Voluntary Arbitrators who shall thereafter commence arbitration proceedings.

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 289. Are the parties allowed to go directly to court in disregard of the Voluntary
Arbitration after decision by Grievance Committee?

It is settled that when parties have validly agreed on a procedure for resolving grievances
and to submit a dispute to voluntary arbitration, then that procedure should be strictly
observed.

Moreover, before a party is allowed to seek the intervention of the court, it is a

precondition that he should have availed of all the means of administrative processes
afforded him.

290. What is the concept of labor arbitration?

Simply put, it is a third-party settlement of a labor dispute involving the mutual consent
by the representatives of the employer and the labor union involved in a labor dispute to
submit their case for arbitration

291. Is Alternative Dispute Resolution applicable to Labor cases?

No. R.A. No. 9285,4 otherwise known as Alternative Dispute Resolution Act of 2004,
Section 6 [a] thereat, expressly provides as exception to the application of the provisions
thereof, resolution or settlement of labor disputes covered by the Labor Code as well as
its implementing rules and regulations.

292. Who is a Voluntary Arbitrator?

A Voluntary Arbitrator refers to any person who has been accredited by the NCMB as
such, or any person named or designated in the CBA by the parties as their Voluntary
Arbitrator, or one chosen by the parties with or without the assistance of the NCMB,
pursuant to a selection procedure agreed upon in the CBA or one appointed by the
NCMB in case either of the parties to the CBA refuses to submit to voluntary arbitration.
This term includes a Panel of Voluntary Arbitrators.

293. What is wage distortion?

Wage distortion came to be explicitly defined in the law as a situation where an increase
in prescribed wage rates results in the elimination or severe contraction of intentional
quantitative differences in wage or salary rates between and among employee groups in
an establishment as to effectively obliterate the distinctions embodied in such wage
structure based on skills, length of service, or other logical bases of differentiation.

294. State the jurisdiction of the Voluntary Arbitrator, or Panel of Voluntary

Arbitrators in labor disputes?

The voluntary arbitrator or panel of voluntary arbitrators shall have exclusive and original
jurisdiction to hear and decide all unresolved grievances arising from:

a. The implementation or interpretation of the collective bargaining agreements;

b. The interpretation or enforcement of company personnel policies which

remain unresolved after exhaustion of the grievance procedure;

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 c. Wage distortion issues arising from the application of any wage orders in
organized establishments;

d. The interpretation and implementation of the productivity incentive programs

under RA 6971.

e. Upon agreement of the parties, shall also hear and decide all other labor
disputes including unfair labor practices and bargaining deadlocks;

f. Violations of a Collective Bargaining Agreement, except those which are

gross in character, shall no longer be treated as unfair labor practice and shall
be resolved as grievances under the Collective Bargaining Agreement.

295. Can a dispute falling within the exclusive jurisdiction of the Labor Arbiter be
submitted to voluntary arbitration? Why or why not?

Yes. A dispute falling with the exclusive jurisdiction of the Labor Arbiter can be
submitted to voluntary arbitration, provided that the parties in such dispute state in
unequivocal language that they conform to the submission of said dispute to the voluntary
arbitration.

296. Can a dispute falling within the jurisdiction of a voluntary arbitrator be submitted
to compulsory arbitration? Why or why not?

No. A dispute falling within the jurisdiction of a voluntary arbitrator cannot be submitted
to compulsory arbitration because jurisdiction in compulsory arbitration is conferred by
law and not by agreement of the parties.

Moreover, the law mandates that all grievances submitted to the grievance machinery
which are not settled shall be referred to voluntary arbitration provided in the CBA.

297. What is an “arbitration clause”?

Arbitration clause is a provision in the CBA requiring that grievances, if unsettled, shall
be finally resolved by a Voluntary Arbitrator.

298. How to initiate voluntary arbitration proceeding?

An arbitration may be initiated either by way of:

(1) A Submission Agreement; or

(2) A Demand or Notice to Arbitrate invoking the arbitration clause in the CBA;
or (3) An Appointment from the NCMB.

299. How does procedural rules governing voluntary arbitration proceedings construed?

Guidelines should be liberally construed to carry out the objectives of the Labor Code, to
promote voluntary arbitration as a preferred mode of labor or industrial dispute settlement
and as an integral component of the collective bargaining process.

300. Ding and Dong, an employee of Ding, entered into voluntary arbitration
proceedings to settle a minor conflict at work. Dong is represented by Atty. Dantes
who is a renowned counsel in settling labor disputes. Dong, trusting and relying on
Atty.

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 Dantes’s wisdom, allowed Atty. Dantes to do whatever he thinks is for his best
interest and he was only interested to know the result of the arbitration proceedings.
Atty. Dantes eventually entered into a compromise agreement with Ding without
prior informing his client Dong. Is the compromise agreement valid and binding as to
Dong?

No, the compromise agreement is not valid and binding. Attorneys and other
representatives of the parties cannot enter into a compromise agreement with the
opposing party in full or partial discharge of a client’s or principal’s claim without a
special power of attorney (SPA) or express consent. The Civil Code, requires such SPA
to make the compromise agreement valid and binding on the principal.

301. X Corp. is represented by Atty. Yu in a voluntary arbitration proceeding. The

decision of the Voluntary Arbitrator was personally sent to the Liaison Office of X
Corp. and, within the day, the Board of Directors of X Corp. was duly informed of
such decision during their meeting. Does the service of the Arbitrator’s Decision to
the Liaison Office of X Corp. constitute proper notice to the parties?

No, a notice sent through the company’s Liaison Office is not notice to its counsel.

If a party is represented by counsel or authorized representative, service should be

made to the latter. Service by registered mail is complete upon receipt by the addressee or
his agents.

302. Ten minutes before the start of the arbitration proceeding, the counsel of X Corp.
informed the Voluntary Arbitrator that he was stuck in traffic and would not be
able to come on time. Upon knowing this, the opposing party moved to have an ex-
parte proceeding arguing that further delay is detrimental to his interest as a
laborer. Should the Voluntary Arbitrator conduct the proceeding ex-parte?

No, only an unexplained failure to appear of a party after due notice, not a delay in
appearance, can justify an ex-parte proceeding.

303. What are the grounds for a judicial review of a voluntary arbitrator’s decision or
award?

The Voluntary Arbitrator’s decisions or awards may be contested judicially on the

following grounds:

(1) Lack or want of jurisdiction;

(2) Grave abuse of discretion;
(3) Violation of due process;
(4) Denial of substantive justice; or
(5) Erroneous interpretation of the law.

304. Are the decisions of Voluntary Arbitrators appealable to the NLRC?

No. Being a quasi-judicial agency, the decisions and awards of a Voluntary Arbitrator are
appealable by way of a petition for review (Rule 43) to the Court of Appeals.

Jurisprudence equates the decisions or awards of a Voluntary Arbitrator to those of a

Regional Trial Court. Hence, in a petition for certiorari from the awards or decisions of
the Voluntary Arbitrator, the CA has concurrent jurisdiction with the Supreme Court.

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 305. If the petition for review under Rule 43 (appeal to CA) is the proper way of
appealing a decision of the voluntary arbitrator, does this mean that the 15-day
reglementary period stated under that rule also applies? Explain why or why not.

No. The Supreme Court has held that the proper reglementary period for appeals from a
Voluntary Arbitrator’s decision is not the 15-day period.

This is because the Labor Code is a statute that provides substantive rights, while the
Rules of Civil Procedure are merely rules of procedure promulgated by the Supreme
Court. Rules are subordinate to statute. In case of conflict, the statute will prevail. Under
the Constitution, rules of procedure cannot diminish, increase, or modify substantive
rights. The 10-calendar-day period under the Labor Code is a substantive right. Thus, it
cannot be diminished, increased, or modified.

The Labor Code explicitly provides that the award or decision of the Voluntary Arbitrator
(VA) or Panel of Voluntary Arbitrators is final and executory after 10 calendar days from
receipt or the copy of the award or decision by the parties. Thus, the period for appeal
from VA decisions should be 10 calendar days, not 15 days.

306. In instances of non-compliance by either or both parties with the decision of the
Voluntary or Panel of Voluntary Arbitrators, execution should be issued, as a
matter of course, upon a decision that finally disposes of the action or proceeding.
What Labor Code provisions may be cited as basis for the issuance of the writ of
execution to enforce it?

Article 230, and Article 276

307. What are the recognized exceptions when certiorari may be granted despite the
availability of an appeal?

(a) When public welfare and the advancement of public policy dictates;
(b) When the broader interest of justice so requires;
(c) When the writs issued are null and void; or
(d) When the questioned order amounts to an oppressive exercise of judicial
authority.

308. What is the effect of filing of petition for certiorari on execution process? Explain
with legal basis?

The filing of a petition for certiorari with the CA or the Supreme Court does not stay the
execution of the assailed decision of the Voluntary Arbitrator or Panel of Voluntary
Arbitrators, unless a TRO or injunction is issued by the CA or the Supreme Court
pending resolution of such petition.

309. What is the distinction between a strike and picketing?

To strike is to withhold or to stop work by the concerted action of the employees as a

result of an industrial or labor dispute while picket simply means to march to and from
the employer’s premises, usually accompanied by the display of placards and other signs
making known the facts involved in a labor dispute.

While a strike focuses on stoppage of work, picketing focuses on publicizing the labor
dispute and its incidents to inform the public of what is happening in the company struck
against.

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 310. Is employment relationship between the employer and picketers a requisite for the
conduct of picketing?

No. Picketing, if peacefully carried out, cannot be prohibited even in the absence of
employer-employee relationship between the picketers and the employer being picketed.

311. What do you mean by the term industrial or labor dispute?

The term industrial or labor dispute includes any controversy concerning terms, tenure or
conditions of employment, or concerning the association or representation of persons in
negotiating, fixing, maintaining, changing, or seeking to arrange terms and conditions of
employment, regardless of whether the disputants stand in the proximate relation of
employer and employee.

312. Air Lines Pilot Association of the Philippines (ALPAP) is a certified bargaining
agent of the pilots working under Philippine Airlines (PAL). ALPAP then staged a
strike against PAL to demand pay increases, better working conditions on the
ManilaKarachi and Rome-Amsterdam flights, and a better retirement plan which
was approved by the Court.

PAL management was ordered to admit the striking employees back to work under
the same terms and conditions of employment existing before the strikes and not to
suspend, dismiss or lay-off any employee as a result" of said strikes. The CIR
further stated that failure to comply with its order would constitute contempt of
court and the employee failing or refusing to return to work, without justifiable
cause, shall immediately be replaced by PAL, and may not be reinstated without
prior Court order and on justifiable grounds.

ALPAP filed for reconsideration, however, it was denied. After five days of returning
to work, PAL dismissed strike leader Captain Gaston. Due to the event, members of
the union filed an en mass “protest resignations” and “protest retirements” which
PAL has accepted, although it turned out later that their submission to PAL was
meant only as a bluff calculated to bring favorable results.

Is the action of the union a legitimate concerted activity?

The pilots’ “protest resignations” and “protest retirements” do not constitute a legitimate
concerted activity.

A “strike” is “any temporary stoppage of work by the concerted action of employees as a

result of an industrial dispute.” It is thus clear that as the law defines it, a strike means
only a “temporary stoppage of work.”

What the mentioned pilots did, however, cannot be considered as mere “temporary
stoppage of work”. What they contemplated was evidently a permanent cut-off of
employment relationship with their erstwhile employer, PAL.

The pilots’ mass action was not a strike because employees who go on strike do not quit
their employment. Ordinarily, the relationship of employer and employee continues until
one or the other of the parties acts to sever the relationship or they mutually act to
accomplish that purpose. As they did not assume the status of strikers, their “protest
resignations” and “protest retirements” were not a concerted activity which is protected
by law.

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 313. What are the elements of a valid strike?

The following are the elements of a strike:

a. Temporary stoppage of work by the employees;

b. Through their concerted action; and
c. Occasioned by an industrial or labor dispute. (Article 219 (o) [212 (o), Labor
Code as amended by Section 4, R.A. No. 6715)

314. De Guzman, Pimentel, Bardaje, Cruz, Naranjo were employees of Biomedica

Health Care Inc. They, together with two (2) other employees, were all absent for
various personal reasons on November 7, 2006 which happened to be the birthday
of Carina, Biomedica’s President. De Guzman was allegedly absent due to loose
bowel movement, Pimentel for an ophthalmology check-up, Bardaje due to
migraine, Cruz for not feeling well, and Naranjo because he had to attend a meeting
at his child’s school.

Notably, these are the same employees who filed a letter complaint to the DOLE
against
Biomedica for lack of salary increases, failure to remit SSS and Pag-IBIG
contributions, and violation of the minimum wage law, among other grievances.
Later that day, petitioners reported for work after receiving text messages for them
to proceed to Biomedica. They were, however, refused entry and told to start looking
for another workplace. The next day, November 8, 2006, petitioners allegedly came in
for work but were not allowed to enter the premises. Carina purportedly informed
petitioners, using foul language, to just find other employment. They were all
subsequently dismissed for conducting a strike through mass leaves.

Was there a strike through mass leave? Is the dismissal of the employees valid?

There was no mass leave as to amount to a strike because only 5 employees are absent.

Moreover, the absence of petitioners cannot be considered a strike as this term is

understood in law.

In no way can the absence of 5 employees be considered as “concerted” which is defined

as “mutually contrived or planned” or “performed in unison.”

The 5 petitioners went on leave for various reasons and were in different places on
November 7, 2006 to attend to their personal needs or affairs. They did not go to the
company premises to petition Biomedica for their grievance.

To demonstrate their good faith in availing their leaves, petitioners reported for work and
were at the company premises in the afternoon after they received text messages asking
them to do so.

This shows that there was NO intent to go on strike. Moreover, Biomedica did not prove
that the individual absences can be considered as ‘temporary stoppage of work.’
Biomedica’s allegation that the mass leave ‘paralyzed the company operation on that day’
has remained unproved. It is erroneous therefore to liken the alleged mass leave to an
illegal strike much less to terminate petitioners’ services for it.”

315. What are the procedural requisites for a valid strike by the workers? Should these
requisites be complied with substantially or strictly?

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 The procedural but mandatory requisites for a valid and legal strike are the following:

a. It must be based on any or both of the following exclusive grounds:

i. Unfair Labor Practice of the Employer; and
ii. Collective Bargaining Deadlock;

b. A notice of strike must be filed with the NCMB-DOLE;

c. A service of a 24-hour prior notice to the NCMB-DOLE to inform of the

conduct of a strike by the secret balloting;

d. A strike vote must be taken where a majority of the members of the union
obtained by secret ballot in a meeting called for the purpose must approve it;

e. A strike vote report should be submitted to the NCMB-DOLE at least 7 days

before the intended date of the strike;

f. The observance of the cooling-off period of 15 days, in case of ULP of the

employer, or 30 days in case of bargaining deadlock; and

g. The 7-day waiting period of the strike ban reckoned after the submission of
the strike vote report to the NCMB-DOLE should be observed in all cases.

All the foregoing requisites are mandatory and failure of a union or employer to comply
therewith would render a strike or lockout illegal.

316. The observance of the cooling-off period is mandatory for a valid strike, when is it
not applicable?

Cooling-off period does apply in cases of union-busting where the existence of the union
is threatened. The law allows the complete disregard of the 15-day cooling-off period but
the requirement on the 7-day waiting period or strike ban, together with the other
requirements on the filing of a notice of strike, the conduct of a strike vote and the
submission of the results thereof to the NCMB-DOLE should be complied with.

317. Who are the parties who may declare a strike or lockout?

The employer or any certified SEBA may declare strikes in case of bargaining Deadlock
or Unfair Labor Practice (ULP).

In the absence of a certified SEBA, any Legitimate Labor Organization in the

establishment may declare a strike but only on the ground of ULP.

318. When is Extension of the strike ban period allowed?

The 7-day strike ban period is required to be strictly observed. It is only in certain
instances where there is a possibility of settlement between management and the union,
that such period may be extended beyond the strike ban period but only upon their mutual
agreement.

319. What are the elements of union-busting?

To constitute union-busting under Article 278(c) [263(6)], there must be:

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 (1) A dismissal from employment of union officers duly elected in accordance
with the union ‘s constitution and by-laws; and

(2) The existence of the union is threatened by such dismissal.

320. What is required for minimum operational service in case of labor dispute affecting
hospitals or medical institutions?

In labor disputes adversely affecting the continued operation of such hospitals, clinics or
medical institutions it shall be the duty of the striking union or locking-out employer to
provide and maintain an effective skeletal workforce of medical and other health
personnel whose movement and services shall be unhampered and unrestricted as are
necessary to insure the proper and adequate protection of the life and health of its
patients, most especially emergency cases, for the duration of the strike or lockout.

321. Philhealth is a government-owned and controlled corporation employing thousands

of Filipinos. Because of the desire of the employees of Philhealth to obtain better
terms and conditions of employment from the government, they formed the
Philhealth Employees Association (PEA) and demanded Philhealth to enter into
negotiations with PEA regarding terms and conditions of employment which are
not fixed by law. Are the employees of Philhealth allowed to self-organize and form
PEA and thereafter demand Philhealth to enter into negotiations with PEA for
better terms and conditions of employment?

Yes. Employees of Philhealth are allowed to self-organize which recognize the rights of
all workers to self-organization.

However, they cannot demand, for better terms and conditions of employment for the
same are fixed by law and their salaries are standardized by Congress.

322. In case of unresolved grievances, can PEA (situation in number) resort to strikes,
walkouts, and other temporary work stoppages to pressure the government to
accede to their demands?

No. Since the terms and conditions of government employment are fixed by law,
government workers cannot use the same weapons employed by workers in the private
sector to secure concessions from their employers.

323. What is the nature and limitation of the power granted to the President or the
DOLE secretary to issue assumption or certification orders in labor?

The power to issue assumption or certification orders is an extraordinary authority

granted to the President or the DOLE Secretary, the exercise of which should be strictly
limited to national interest cases. It is in the nature of a police power measure.

This is done for the promotion of the common good considering that a prolonged strike or
lockout can be inimical to the national economy.

The DOLE Secretary is mandated to act to maintain industrial peace.

Thus, his assuming jurisdiction over a labor dispute or his certification thereof to the
NLRC for compulsory arbitration is not intended to impede the workers’ right to strike
but to obtain a speedy settlement of the dispute.

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 324. Phimco Industries Labor Association (PILA), the duly certified collective
bargaining representative of the daily paid workers of PHIMCO filed a notice of
strike with the
NCMB against PHIMCO, a corporation engaged in the production of matches, after a
deadlock in the collective bargaining and negotiation. Parties failed to resolve their
differences, thus, PILA (during the conciliation conferences), composed of 352 members,
staged a strike.

PHIMCO sent notice of termination to some 47 workers including several union

officers.

Labor Secretary Brillantes then assumed jurisdiction over the labor dispute and
issued a return-to-work order.

PILA is now questioning the Labor Secretary’s assumption of the case, contending
that it is not within the Labor Secretary’s jurisdiction to assume the case because the
case does not involve an industry indispensable to national interest.

Did the Labor Secretary acted with grave abuse of discretion amounting to lack or
excess of jurisdiction in assuming jurisdiction over subject labor dispute?

Yes.

The law vests in the Secretary of Labor the discretion to determine what industries
are indispensable to the national interest. Accordingly, upon the determination by the
Secretary of Labor that such industry is indispensable to the national interest, he will
assume jurisdiction over the labor dispute in the said industry. This power, however, is
not without any limitation.

A match factory, though of value, can scarcely be considered as an industry

“indispensable to the national interest” as it cannot be in the same category as “generation
and distribution of energy, or those undertaken by banks, hospitals, and export-oriented
industries.” Yet, the public respondent assumed jurisdiction thereover.

To uphold the action of the public respondent under the premises would be
stretching too far the power of the Secretary of Labor as every case of a strike or lockout
where there are inconveniences in the community, or work disruptions in an industry
though not indispensable to the national interest, would then come within the Secretary’s
power. It would be practically allowing the Secretary of Labor to intervene in any Labor
dispute at his pleasure.

325. XYZ Association, the duly certified collective bargaining representative of the
dailypaid workers of XYZ Company, filed a notice of strike with the NCMB against
XYZ Co., an electric power industry, after a deadlock in the collective bargaining
and negotiation. The parties failed to resolve their differences, thus, XYZ Assoc.
staged a strike. The Labor Secretary then assumed jurisdiction over the labor
dispute and issued a return-to-work order.

XYZ Assoc. is questioning the assumption order of the Secretary of Labor,

contending that there should have been prior notice and hearing before an
assumption order may be issued by the Secretary of Labor. It maintains that the
DOLE Secretary cannot exercise his powers under Article 278(g) [263(g)] without
observing the requirements of due process.

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 Is notice and hearing prior to issuance of assumption/certification order required?
What about after the issuance of assumption/certification order?

No. The discretion to assume jurisdiction may be exercised by the DOLE Secretary
without the necessity of prior notice or hearing given to any of the parties. The rationale
for his primary assumption of jurisdiction can justifiably rest on his own consideration of
the exigency of the situation in relation to the national interest.

While no prior notice and hearing are required as afore-discussed, it requires the conduct
of a preliminary conference or hearing within five (5) days from the issuance of the
assumption or certification order.

The same shall be conducted by the DOLE Secretary, in case of assumed cases, or by the
NLRC, in case of certified cases, or by the Voluntary Arbitrator or Panel of Voluntary
Arbitrators, in case the labor dispute is, by mutual agreement, submitted for voluntary
arbitration.

326. XYZ Association, the duly certified collective bargaining representative of the daily
paid workers of XYZ Company, filed a notice of strike with the NCMB against
XYZ Co., an electric power industry, after a deadlock in the collective bargaining
and negotiation. The parties failed to resolve their differences, thus, XYZ Assoc.
staged a strike. The Labor Secretary then assumed jurisdiction over the labor
dispute and issued a return-to-work order.

What is the effect of the assumption order?

The assumption or certification shall have the effect of automatically enjoining an

impending strike or lockout. If an actual strike/lockout has already taken place at the time
of the assumption/certification, all striking or locked out employees and other employees
subject of the notice of strike/lockout shall immediately return to work and the employer
shall immediately resume operations and readmit all employees under the same terms and
conditions prevailing before the strike or lockout.

In the instant case, since the strike has already taken place, all striking and lockedout
workers shall, within twenty-four (24) hours from receipt of an Assumption or
Certification Order, immediately return to work and the employer shall immediately
resume operations and readmit all workers under the same terms and conditions
prevailing before the strike.

327. What is the nature of the return-to-work order?

The return-to-work order is Compulsory in character and not offensive to involuntary

servitude and a limitation on Employers exercise of management prerogatives.

328. In return to work order can the employer determine who among the strikers could
be admitted to work?

No. It cannot be made upon the discretion of the employer, lest the certification or
assumption of jurisdiction orders will be stripped of the coercive power that is necessary
for attaining their laudable objective.

329. Who has the power to execute judgment in certified cases?

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 The NLRC which has the to cause the execution of the judgment rendered therein.

330. What is the meaning of “ALL STRIKING OR LOCKED-OUT EMPLOYEES”

AND
“READMIT ALL WORKERS” in assumption or certification?

Once an assumption or certification order is issued, the consequence thereof is clear,

thus: “Such assumption or certification shall have the effect of automatically enjoining
the intended or impending strike or lockout as specified in the assumption or certification
order. If one has already taken place at the time of assumption or certification, all striking
or locked-out employees shall immediately return to work and the employer shall
immediately resume operation and readmit all workers under the same terms and
conditions prevailing before the strike or lockout”.

331. What is status quo ante litem?

It is the state of their relationship prior to the strike or lockout, as if there has been no
conflict between them.

By so mandating that the parties should go back to the status quo ante litem, the parties
would then be under legal compulsion to assert their respective claims and counter-claims
in the appropriate proceedings before the DOLE Secretary (in case of assumption) or the
NLRC (in case of certification) sans the extreme antagonism and intense animosity and
fervor that may have been brought to bear upon the parties had the strike or lockout been
on-going alongside said proceedings.

332. Are retrenched or redundant employees whose termination triggered the labor
dispute included in return to work order?

Yes. ALL striking or locked-out employees should immediately return to work and the
employer should immediately resume operations and readmit ALL workers under the
same terms and conditions prevailing before the strike or lockout.

333. A certification Election was conducted which certified Lakas Manggagawa ng

Toyota Union as the sole and exclusive bargaining agent of the Toyota rank-and-file
employees. Toyota, however, challenged the order certifying the union as the SEBA.
Meanwhile, the Union submitted its Collective Bargaining Agreement (CBA)
proposal to Toyota. Toyota refused to negotiate in view of its pending appeal and
both parties are required to appear before the Bureau of Labor Relations (BLR).

Instead of appearing before the BLR, more than 200 employees staged mass actions
in front of the BLR and the DOLE offices, to protest the partisan and anti-union
stance of Toyota. Due to the deliberate absence of a considerable number of
employees, Toyota experienced acute lack of manpower in its manufacturing and
production lines and was unable to meet its production goals resulting in huge losses.

Toyota filed a petition to declare the strike illegal with the NLRC arbitration branch,
and prayed that the erring Union officers, directors, and members be dismissed. On
the contrary, the Union contends that the protests or rallies conducted are not within
the ambit of strikes as defined in the Labor Code, since they were legitimate exercises
of their right to peaceably assemble and petition the government for redress of
grievances. Rule on the petition.

The petition will prosper.

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 The protest actions undertaken by the Union officials and members are not valid and
proper exercises of their right to assemble and ask government for redress of their
complaints but are illegal strikes in breach of the Labor Code.

No labor organization or employer shall declare a strike or lockout without first having
filed the required notice or without the strike or lockout vote first having been obtained
and reported to the Regional Branch of the NCMB and most importantly, without
complying with all the mandatory procedural requirements mentioned in Article 278
[263].

Although procedural in character, the requisites mentioned in this article are all
mandatorily required in order that the strike or lockout may be deemed valid and legal.
Any strike or lockout, therefore, staged not in full compliance with the requisites is
illegal.

Since the Union failed to comply with strike notice and the strike-vote report as required
by the Labor Code, the strike staged are deemed illegal.

334. DPD Laban Labor Center was one of the legitimate labor organizations of the
rankand-file employees of the Filcon Corporation, while Dilawan Workers
Association was the exclusive bargaining agent of such rank-and-file employees.

Within the freedom period, DPD Laban filed petitions for certification election before
the Bureau of Labor Relations (BLR) and because of the misunderstanding on the
payment of wages by Filcon upon certain employees, who are coincidentally,
members of that union, DPD Laban filed a Notice of Strike before the National
Conciliation and Mediation Board (NCMB) and a strike vote was conducted. The
strike was questioned by Filcon as illegal. Meanwhile, Dilawan Workers Association
asserted that since it was the exclusive bargaining agent of the rank-and-file
employees of the Filcon, the DPD Laban Labor Center did not have a personality to
file a notice of strike before the NCMB. Is the strike illegal?

Yes. The strike is illegal.

Well-settled is the rule that strikes may only be allowed on grounds of CBA deadlock and
unfair labor practices. No labor union may strike, and no employer may stage a lockout
on grounds involving inter-union and intra- union disputes.

The case at bar does not concerned a CBA Deadlock nor unfair labor practice but more
on the ground of inter-union and intra-union conflict which is a non-strikeable. As a
matter of fact, DPD Laban falsely assumed the role of a SEBA when it filed a notice of
strike during the 60-day freedom period, and while a petition for certification election
was pending. A strike during the pendency of such petition is patently illegal.

335. May a violation of the CBA a ground for strike or lockout?

Any violation of a CBA as an unfair labor practice (ULP) of the employer and of the
labor organization is a ground for strike or lockout.

However, a violation of the CBA is no longer treated as ULP but as a mere grievance
which should be processed through the grievance machinery provided in the CBA.

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 A violation of the CBA becomes ULP only when it is gross in nature which means that
there is flagrant and/or malicious refusal to comply with the economic provisions thereof
by either the employer or the labor organization.

It is, thus, only when the violation is gross that it may be cited as a ground in support of a
strike or lockout.

336. Union X staged an economic strike, claiming that Employer Y must provide for
additional benefits above those provided by law. Employer Y claims that the strike
is illegal because of the existence of a “no strike-no lockout” clause in their CBA,
mandating a grievance procedure for resolving their disputes. Union X answers
that the “no strike-no lockout” clause is violative of their Constitutional right. Is
Union X correct?

No. Union X’s contention is misplaced.

No less than the Constitution recognizes the preferential use of voluntary means to settle
disputes. A “no strike-no lockout” the strike or lockout is economic in nature.

337. Union X agreed with Employer Y to submit their disputes for Voluntary
Arbitration. On the day of the scheduled arbitration, Union X staged a strike,
claiming that they strongly believe that the arbitration proceedings will never be in
their favor. Is the strike valid?

No. A strike cannot be held if the issue in under arbitration, conciliation or mediation.

This is violative of the duty of the union to bargain collectively, to act in good faith, and
to participate fully and promptly and to avoid disrupting the proceedings.

More particularly, the union must first exhaust all remedies under the established
grievance procedures and voluntary arbitration before staging a strike.

338. A case for unfair labor practices was filed by Union X against employer Y before
the labor tribunal. Tired of waiting for a resolution, Union X stages a strike on the
same ground of unfair labor practices which was previously filed. Is the strike
valid?

No. The law expressly prohibits the conduct of a strike if it is declared during the
pendency of cases involving the same grounds invoked for the strike.

Once jurisdiction over an issue is vested to a labor tribunal, a strike or lockout cannot be
staged to pre-empt or circumvent the adjudication and resolution thereof by the said
tribunal.

339. Can good faith in staging the strike be invoked against the restrictive effect of an
assumption/ certification order? Why?

No, strikers cannot invoke good faith where assumption/ certification order of the DOLE
Secretary is disregarded. This is because such order imposes an absolute injunction
against the conduct of any prospective strike after its issuance.

Consequently, a strike that is undertaken despite of issuance of such order becomes a

prohibited activity and thus, illegal.

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 Needlessly, upon such issuance, strikes are enjoined or, if one has already taken place, all
strikers must immediately return to work.

340. Why does strike will not become illegal absent any notice to the Union of the
issuance of the assumption/ certification order?

Because basic is the rule that no order decision, or resolution- not even one that is
immediately executory- is binding and automatically executory unless and until the
properties are duly notified thereof.

341. What is the effect of declaring and staging a strike by a minority union? Explain
your answer?

The strike conducted by a minority union is patently illegal.

No labor dispute which will justify the conduct of a strike can exist between the employer
and a minority union. To permit the unions’ picketing activities would be to flaunt at the
will of the majority.

342. Can the members or employees of a union who participated in an illegal strike be
dismissed in their employment?

No. The penalty of dismissal could be imposed only on union officers serving and acting
as such during the period of illegal strike.

As a necessary implication, if the employees acted as union officers after the strike, they
may not be held liable therefor and, therefore, could not be terminated in their capacity as
such.

343. Does declaration of the illegality of a strike automatically make the employee who is
a union officer liable?

No, the fact alone that an employee is a union officer will not make him liable by the
mere declaration of the illegality of a strike. The Labor Code requires that there must be a
showing that he “knowingly participated in the illegal strike.”

344. What is the employment status of an employee who participated in a legal strike?

The declaration or actual conduct of a strike does not result in the severance of the
employment relationship nor a renunciation thereof.

The employment relationship is merely suspended during the period of work stoppage.

An employee who participates in a lawful strike is not deemed to have abandoned his
employment but is merely exercising his right to self-organization precisely to protect his
rights as an employee and/or to obtain better working conditions.

Such participation should not constitute sufficient ground for the termination of his
employment even if a replacement has already been hired by the employer during such
lawful strike.

345. May Union officers be dismissed despite the fact that the illegal strike was staged
only for 1 day or for even less than a day?

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 Yes. The shortest period of illegal strike which resulted in the termination of union
officers lasted only for less than (10) hours.

346. What happen if there is defiance of assumption/certification order or return-to-

work order among the strikers?

All defiant strikers, irrespective of whether they are union officers or ordinary members,
are deemed to have lost their employment status is well supported by existing (1) law; (2)
applicable rules; and (3) pertinent jurisprudence.

The respective liabilities of striking union officers and members who failed to
immediately comply with the assumption/certification order and/or its accompanying
return-to-work order are outlined in Article 279 (264] of the Labor Code which provides
that any declaration of a strike or lockout after the DOLE Secretary has issued such order
is considered an illegal act. Consequently, any worker or union officer who knowingly
participates in a strike defying any such order may "be declared to have lost his
employment status.”

347. When strike becomes a prohibited activity?

A strike that is undertaken despite the issuance by the DOLE Secretary of an assumption
or certification order becomes a prohibited activity and thus, illegal.

This means that even if the strike has started as a legal strike, it automatically becomes an
illegal strike the moment it is pursued and continued after the issuance of the said order,
in clear defiance thereof.

Consequently, the strike would be treated as a "prohibited activity," an "illegal act" that
would justify the termination of employment not only of the defiant union officers but of
the defiant ordinary union members as well.

348. In a strike, what is the effect when an employer did not comply with the issuance of
a return-to-work order from a labor dispute?

In case of non-compliance by the employer with the return-to-work order issued in

connection with the assumption/certification of the labor dispute, it may be held liable to
pay backwages, damages and/or other affirmative reliefs, including criminal prosecution.
Employers who refuse to readmit returning workers may be held liable upon filing of the
proper petition for the payment of wages and other benefits from the date of actual refusal
until the workers are readmitted.

349. What is the liability from commission of illegal acts during a strike?

The commission of illegal acts in the course of a strike would make it illegal and the
striker involved therein - irrespective of whether he is a union officer or an ordinary
member - will suffer the penalty of dismissal.

350. What is crossing the picket line?

“Crossing the picket line” is a term used to describe the act of working during a strike,
whether by strike-breakers, management personnel, non-unionized employees or
members of other unions not on strike. The use of this term is proper irrespective of
whether it involves actually physically crossing a line of picketing strikers.

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 351. Can the legality of a strike be determined only by compliance with the legal
formalities in conducting strike?

No, the legality of a strike is determined not only by its compliance with the legal
formalities but also by the means through which it was carried out.

As ruled in Biflex (Biflex Phils. Inc. Labor Union [NAFLU] v. Filflex Industrial
and Manufacturing Corp., G.R. No. 155679, December 19, 2006) even assuming
arguendo that in staging the strike, petitioners had complied with the legal formalities, the
strike would just the same be illegal for by blocking the free ingress to and egress from
the company premises, they violated Article 279(e) [264(e)].

352. May the Picketing strikers prevent employees of other companies from using the
same premises being picketed?

No. The Labor Code is emphatic against the use of violence, coercion, and intimidation
during a strike and to this end, it prohibits the obstruction of free passage to and from the
employer’s premises for lawful purposes. In the same vein, a picketing labor union has no
right to prevent employees of another company from getting in and out of its rented
premises, otherwise, it will be held liable for damages for its acts against an innocent
bystander.

353. Employees who may be dismissed by their employer for participating in a strike?

The employer has the right to dismiss the following employees who participated
in a strike, to wit:

1) Union officers on the basis of the illegality of the strike;

2) Ordinary union members on the basis of their commission of illegal acts in the
course of the strike; and

3) Strikers who defied the assumption/certification or return-to-work order.

354. What is the effect when ULP strike is declared illegal?

If ULP strike is declared illegal, the necessary and logical consequence would be the
declaration of loss of employment status of the union officers who knowingly
participated in its staging.

And if such declaration is occasioned by the commission of illegal acts of both union
officers and ordinary union members, the same effect of loss of employment status would
apply to the both of them. In such an eventuality, they can be replaced permanently
without getting afoul of the law.

355. What is striker replacement doctrine?

During a strike, the employer has the right and prerogative to hire the services of
replacement workers under the “striker replacement doctrine.”

Such hiring, however, does not necessarily mean the termination of employment of the
striker replaced. But the reality is that there is a very thin line of distinction between the
right to fire employees for striking and the right to “permanently replace” them.

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 This is so because once the employer makes the replacements permanent, the striking
employees have generally no right to return to their jobs if they decide to end the strike.

356. What is economic strike?

An economic strike is one declared to demand higher wages, overtime pay, holiday pay,
vacation pay, etc., It is declared for the purpose of forcing wage or other concessions
from the employer which he is not required by law to grant. It is strike which arose out of
a barangay deadlock in the CBA negotiations.

357. AA’s dismissal was declared illegal by the Labor Arbiter and ordered AA’s
employer to reinstate him. After the order, AA went back to work but his employer
claimed that since the decision is on appeal, AA cannot go back to work, yet. Is the
contention
of AA’s employer correct?

No, the contention of AA’s employer is not correct.

When a dismissal is declared illegal by the Labor Arbiter, the order of reinstatement
issued by him is immediately executory and the employer is duty-bound to abide by the
same, even if it appeals therefrom.

Hence, AA should be allowed to go back to work.

358. AA and BB both participated in a strike. The strike was subsequently declared
illegal. Hence, AA and BB are not entitled to backwages or separation pay. Is this
correct?

No, it is not correct.

Union members who did not commit any illegal acts in the course of the strike
which is declared to be illegal may still be awarded backwages by virtue of reinstatement
or separation pay if reinstatement is not feasible.

Hence, provided AA and BB did not commit illegal acts during their participation
in the strike, they may still be entitled to backwages or separation pay.

359. The union and employer both are culpable for illegal strike. The court ordered the
reinstatement of the the union workers. The employer contends that since the union
members are culpable for illegal strike, reinstatement is not warranted. Is the
employer correct?

No, the employer is not correct.

If both parties have acted in pari delicto in that the employer is guilty of illegal lockout
and the union is culpable for illegal strike, the dismissal of the striking employees is
unwarranted and their reinstatement should be ordered as a matter of course.

Hence, the order of the court is valid.

360. What is the liability of persons committing any of the prohibited acts under Article
279 in connection with the conduct of strike or lockout?

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 Any person performing any of the prohibited activities mentioned in Article 279
[264] may be charged before the appropriate civil and criminal courts.

Any person violating any of the provisions of Article 279 [264] shall be punished
by a fine of not less than one thousand pesos (P1,000.00) nor more than ten thousand
pesos (P10,000.00) and/or imprisonment for not less than three (3) months nor more than
three (3) years, or both such fine and imprisonment, at the discretion of the court.

361. What is an “Improved Offer Balloting” and a “Reduced Offer Balloting”?

In case of a strike, the Regional Branch of the NCMB should, at its own initiative or upon
the request of any affected party, conduct a referendum by secret balloting on the
improved offer of the employer on or before the 30th day of the strike. When at least a
majority of the union members vote to accept the improved offer, the striking workers
should immediately return to work and the employer should thereupon readmit them
upon the signing of the agreement.

In case of a lockout, the Regional Branch of the NCMB should conduct a referendum by
secret balloting on the reduced offer of the union on or before the 30th day of the lockout.
When at least a majority of the board of directors or trustees of the corporation or the
partners holding the controlling interest in the case of partnership, vote to accept the
reduced offer, the workers should immediately return to work and the employer should
thereupon readmit them upon the signing of the agreements.

362. In cases where the employer and the strikers were ‘in pari delicto’, what would be
the proper relief?

The Supreme Court distinguished the proper relief available to the strikers who were in
pari delicto with the employer and those that were not. It held that the former is entitled
to reinstatement but without back-wages; while the latter should be reinstated and given
their back-wages with interest at the rate of six percent (6%) per annum which shall be
increased to twelve percent (12%) after the finality of the judgment.

The strikers who were deemed in this case as having been in pare delicto with the
employer were the ones who were charged by the employer for conducting the illegal
strike. Technically, as no charges for illegal strike were filed by the employer against
some of the employees, they cannot be among those found guilty of illegal strike. Thus,
they cannot be considered in pare delicto. They should therefore be reinstated and given
their back-wages.

363. Are aliens allowed to engage, in trade union activities?

The general rule is that all aliens, natural or juridical, as well as foreign organizations, are
strictly prohibited from engaging, directly or indirectly, in all forms of trade union
activities. The prohibition against intervention in trade union activities applies to all
aliens and alien organizations, whether public or private, and their agents or
representatives. Except on the following:

a. Continuity of normal contacts with International Labor Centers; and

b. Right of aliens to self-organization on rule of reciprocity.

364. Are aliens allowed to transfer to another job or change employer?

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 After the issuance of an employment permit, the alien is not allowed to transfer to another
job or change his employer without prior approval of the DOLE Secretary.

Any non- resident alien who takes up employment in violation of the provision of Title II,
Book I4 of the Labor Code and its implementing rules and regulations, shall be punished
in accordance with the provisions of Articles 304 [289] and 305 [290] of the Labor Code.

365. In the event of any violations by aliens, under whose jurisdiction shall a report on
that matter be filed?

Report of any violations by aliens may be filed directly with the BLR or the DOLE
Regional Office having jurisdiction of the place where the violation is alleged to have
been committed. The DOLE Regional Director or the BLR Director may, motu proprio,
conduct an investigation of any such violation.

366. When can the DOLE Regional Director or BLR Director inquire into the financial
activities of the union?

Such examination should be made upon the filing of a request or complaint for the
conduct of an accounts examination by any member of the labor organization, supported
by the written consent of at least twenty percent (20%) of its total membership.

367. Distinguish visitorial power under Article 289 [274] and Article 128 of the Labor
Code?

Article 289 [274] treats of the visitorial power of the DOLE Secretary to inquire into the
financial activities of legitimate labor organizations.

On the other hand, Article 128 dwells on the visitorial and enforcement power of the
DOLE Secretary to inquire into the employer’s compliance with labor laws and social
legislations.

368. Who conducts a tripartite conference?

The DOLE Secretary or his duly authorized representatives may, from time to time, call a
national, regional, or industrial tripartite conference of representatives of government,
workers and employers for the consideration and adoption of voluntary codes of
principles designed to promote industrial peace based on social justice or to align labor
movement relations with established priorities in economic and social development.

369. What are the reasonable impositions may be collected by all unions?

a. Membership fees;
b. Union dues;
c. Assessments;
d. Fines; and
e. Other contributions for the following purposes:
(1) Labor education;
(2) Labor research;
(3) Mutual death benefits;
(4) Hospitalization benefits;
(5) Welfare fund;
(6) Strike fund; and
(7) Credit and cooperative undertakings

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 370. What is the requirement of the Labor code in the termination of employment by an
employer?

The minimum requirement as provided by law is their right to be protected against

dismissal except for a just or authorized cause and without prejudice to the requirement of
notice containing a statement of the causes for lamination and shall afford the latter ample
opportunity to be heard and to defend himself with the assistance of his representative, if
he so desires, in accordance with company rules and regulations promulgated pursuant to
guidelines set by the Ministry of Labor and Employment.

371. What is the constitute a regular employee for the purpose of membership in a labor
union?

The law provides that any employee, whether employed for a definite period or not, with
at least one year of service, whether such service is continuous or broken, shall be
considered a regular employee for purposes of membership in any labor union.

There is therefore no need for definite-period employees to render “at least one year of
service, whether continuous or broken” and be first “regular” in their employment before
they can be eligible to become members of a union and to vote for its officers.

MCQ

Multiple Choice Question

1. Statement 1: The National Labor Relations Commission (NLRC) is an

autonomous and independent body which is attached to the DOLE for
program and policy coordination only.
Statement 2: The DOLE Secretary shall have exclusive administrative
supervision over the Commission and its regional branches and all its
personnel, including Labor Arbiters.

a. Only Statement 1 is true

b. Only Statement 2 is true
c. Both Statements 1 & 2 are true
d. Both Statements 1 &2 are False

2. One of the qualifications to be qualified as a Chairman or

Commissioner of the NLRC, he must have at least ________ of experience or
exposure in the field of labor labor-management relations.

a. 8 years
b. 6 years
c. 5 years
d. 3 years

3. How shall Commissioners of the NLRC be appointed?

a. By the order of the DOLE Secretary

b. By the order of the President of the Philippines
c. By the order of the President of the Philippines only upon recommendation of
the DOLE Secretary
d. By the order of Secretary of Labor and Employment

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 4. Statement 1: The term of service of the Labor Arbiters may be
shortened on the ground of incapacity.
Statement 2: The Secretary of DOLE may extend the services of the
Commissioners and Labor Arbiters up to maximum of 70 years upon
recommendation of the Commission en banc.

a. Only Statement 1 is true

b. Only Statement 2 is true
c. Both Statements 1 and 2 are False
d. Both Statements 1 and 2 are true

5. The staff and employees of the Commission and its regional branches
shall be appointed by:

a. The Secretary of Labor and Employment

b. The DOLE Secretary
c. The President of the Philippines
d. The Chairman and the Commission of the NLRC

6. The following are the qualifications of a Labor Arbiter, except:

a. Must be members of the Philippine Bar

b. Must be at least 40 years of age
c. Must have been engaged in the practice of law in the Philippines for at least ten
(IO) years
d. Must have experience or exposure in the field of labor-management relations
for at least five (5) years

7. How shall Labor Arbiters be appointed?

a. By order of the President, upon the recommendation of the DOLE Secretary,

and are subject to the Civil Service Law, rules and regulations.
b. By the order of Secretary of Labor and Employment
c. By order of the DOLE Secretary
d. By order of the President, upon the recommendation of the Commission en
bank, and are subject to the Civil Service Law, rules and regulations.

8. Statement 1: The Chairman and the other members of the

Commission have the same rank, annual salary, allowances, retirement and other
benefits as those of the Presiding Justice and Associate Justices of the Court of
Appeals (CA), respectively.
Statement 2: Labor Arbiters have the same rank, annual salary, allowances,
retirement and other benefits and privileges as those of the judges of the Regional
Trial Courts (RTC).

a. Only Statement 1 is true

b. Only Statement 2 is true
c. Both Statements 1 and 2 are False
d. Both Statements 1 and 2 are true

9. The following are cases which falls under the jurisdiction of the
Labor Arbiters and the Commission, except:

a. Claims for actual, moral, exemplary and other forms of damages arising from
the employer - employee relations
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 b. claims for Employees' Compensation, Social Security, Medicare and maternity
benefits
c. Termination disputes
d. Unfair labor practice cases

10. Labor Arbiters shall have original and exclusive jurisdiction to hear
and decide, within ____________ after the submission of the case by the parties for
decision without extension, even in the absence of stenographic notes, cases
involving all workers, whether agricultural or non-agricultural.

a. 15 calendar days
b. 20 calendar days
c. 25 calendar days
d. 30 calendar days

11. Statement 1: Labor standards refers to that part of labor law which
regulates the relations between employers and workers.
Statement 2: Labor relations is that part of labor law which prescribes the
minimum terms and conditions of employment that the employer is required to
grant to its employees.

a. Only Statement 1 is true

b. Only Statement 2 is true
c. Both Statements 1 and 2 are False
d. Both Statements 1 and 2 are true

12. What is a Legitimate labor organization?

a. Means any labor organization whose formation, function or administration has

been assisted by any act defined as unfair labor practice by this Code
b. Means any union or association of employees which exists in whole or in part
for the purpose of collective bargaining or of dealing with employers concerning terms
and conditions of employment.
c. Means any labor organization duly registered with the Department of Labor and
Employment, and includes any branch or local thereof.
d. None of the above

13. What is a Strike-breaker?

a. Means any temporary stoppage of work by the concerted action of employees

as a result of an industrial or labor dispute
b. Means the Tripartite Voluntary Arbitration Advisory Council established under
Executive Order No. 126, as amended
c. Means any person who obstructs, impedes, or interferes with by force, violence,
coercion, threats, or intimidation any peaceful picketing affecting wages, hours or
conditions of work or in the exercise of the right of self-organization or collective
bargaining.
d. None of the above

14. The following are the 3 groups of employees defined in the Labor
Code, except:

a. Managerial employees
b. Rank-and-file employees.
c. Regular employees
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 d. Supervisory employees

15. Statement 1: Participation of an employee in a strike, whether staged

by reason of unfair labor practice or economic demands, deprives him of his
status as an “employee”

Statement 2: The cessation of his employment occasioned by a strike or

lockout, or by virtue of termination or suspension which constitutes unfair
labor practice, bars him of his eventual reinstatement to his work.

a. Only Statement 1 is true

b. Only Statement 2 is true
c. Both Statements 1 and 2 are False
d. Both Statements 1 and 2 are true

16. Statement 1: In a certification election, an employee who has been

dismissed from work but has contested the legality of the dismissal in a
forum of appropriate jurisdiction at the time of the issuance of the order
for the conduct of a certification election is still considered a qualified voter,
even if his dismissal is declared valid in a final judgment at the time of the
conduct of the certification election
Statement 2: An illegally dismissed employee is entitled to be reinstated to
his former position plus backwages and damages, if any. And his seniority
and other rights are not likewise affected by such termination.

a. Only Statement 1 is true

b. Only Statement 2 is true
c. Both Statements 1 and 2 are False
d. Both Statements 1 and 2 are true

17. It is an essential requirement in order for a person whose employment

has ceased as a consequence of, or in connection with, any current labor dispute or
because of any unfair labor practice, to be considered still an "employee' that he has
not obtained any other substantially equivalent and regular employment elsewhere.
The phrase "substantially equivalent and regular employment” refers to:

a. His new job which should be similar to his work at the time of his dismissal.
b. The amount of compensation which such employee receives from his new
employer
c. Both a and b
d.None of the above

18. Is direct employer-employee relationship an essential requisite for a

labor dispute to exist?

a. Yes, the claim for relief should directly result from an employer-employee
relationship
b. Yes, both parties must belong to the same company or establishment as an
employer and an employee
c. No, it suffices that there be a showing of a reasonable causal connection
between the claim asserted and the employer-employee relationship
d. None of the above
19. Statement 1: Cases arising from the interpretation or implementation
of collective bargaining agreements and those arising from the

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 interpretation or enforcement of company personnel policies shall be
disposed of by the Labor Arbiter

Statement 2: The NLRC Commission shall have exclusive appellate

jurisdiction over all cases decided by Labor Arbiters.

a. Only Statement 1 is true

b. Only Statement 2 is True
c. Both Statements 1 and 2 are False
d. Both Statements 1 and 2 are True

20. What is meant by Internal union dispute?

a. Includes any controversy or matter Concerning terms and conditions of

employment or the association or representation of persons in negotiating, fixing,
maintaining, changing or arranging the terms and conditions of employment, regardless
of whether the disputants stand in the proximate relation of employer and employee
b. Means any temporary refusal of an employer to furnish work as a result of an
industrial or labor dispute.
c. Means any temporary stoppage of work by the concerted action of employees
as a result of an industrial or labor dispute.
d. Includes all disputes or grievances arising from any violation of or
disagreement over any provision of the constitution and by-laws of a union, including
any violation of the rights and conditions of union membership provided for in this Code.

21. It is a mode of resolving a dispute whereby the consent of one of the

parties is enforced by virtue of the law and following certain procedure laid down
by law.

a. Voluntary Arbitration
b. Compulsory Arbitration
c. Labor Arbitration
d. Involuntary Arbitration.

22. I. Compulsory Arbitration under the Labor Code is principally vested

with NLRC Commissioners.
II. Compulsory Arbitration under the Labor Code is principally vested
with Labor Arbiters.

a. Only Statement I is correct.

b. Only Statement II is correct.
c. Both Statements I and II are correct.
d. Both Statements I and II are false.

23. I. The NLRC, in the exercise of its original jurisdiction, has also the
authority to conduct compulsory arbitration in
certain specified cases.

II. Hence, the NLRC is said to engage in compulsory arbitration

when it hears and decides petitions for injunction and national interest
cases certified to it for compulsory arbitration by the DOLE Secretary.

a. Only Statement I is correct.

b. Only Statement II is correct.
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 c. Both Statements I and II are correct.
d. Both Statements I and II are false.

24. Under the fundamental basis for exercise of jurisdiction—in the existence
of employer-employee relationship, the cause of action must arise from the:

a. Claim of the petitioner.

b. Claim of the respondent.
c. Employer-employee relationship.
d. None of the above.

25. Do Labor Arbiters have jurisdiction even if case is filed by the heirs of
the OFW?

a. Yes, Labor Arbiters have jurisdiction even if case is filed by the heirs of the
OFW.
b. No, Labor Arbiters have no jurisdiction even if case is filed by the heirs of the
OFW
c. Maybe.
d. None of the above.

26. To rule quasi-delict/tort cases, what rule must be applied?

a. Reasonable Causal Connection Rule.

b. Quasi-causal Connection Rule.
c. Tort Causal Connection Rule.
d. All of the above.

27. In Labor Proceedings, what confers jurisdiction?

a. Allegations in the complaint.

b. Law.
c. Jurisprudence.
d. All of the above.

28. In Labor Proceedings, what determines jurisdiction?

a. Material allegations in the complaint.

b. Law.
c. Jurisprudence.
d. All of the above.

29. What is the demarcation line between the jurisdiction of regular courts
and labor courts over cases involving workers and their employers?

a. Subject of the dispute.

b. Designation of offense.
c. Jurisprudence.
d. All of the above.

30. Can Labor disputes be subjected to Barangay Conciliation?

a. Yes, for orderly resolution.

b. No, the Lupon has no jurisdiction over labor disputes.

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 c. Maybe, depends upon the parties’ decision.
d. None of the above.

31. I. Powers of Labor Arbiters do not include the following: Injunction

power, contempt power, and power to conduct inspection.

II. Labor Arbiter may not cite any person for direct or indirect
contempt.

a. Only Statement I is correct.

b. Only Statement II is correct.
c. Both Statements I and II are correct.
d. Both Statements I and II are false.

32. Who are authorized to conduct ocular inspection under Article 226 [219]
of the Labor Code?

a. National Labor Relations Commission.

b. NCMB.
c. Court personnel.
d. Labor Arbiters.

33. Who have the original and exclusive jurisdiction to hear and decide
unfair labor practice cases?

a. National Labor Relations Commission.

b. Labor Arbiters.
c. Court personnel.
d. NCMB.

34. I. ULP cases is required to be given “utmost priority”.

II. Labor Arbiters are mandated to resolve such cases within 30 calendar
days from the time they are submitted for decision.

a. Only Statement I is correct.

b. Only Statement II is correct.
c. Both Statements I and II are correct.
d. Both Statements I and II are false.

35. It sought to justify the exercise of jurisdiction by the voluntary

Arbitrators over termination cases and enunciates the guidelines for the referral of
the said cases originally filed with the Labor Arbiters of the NLRC to the NCMP for
purposes of choosing and designating the Voluntary Arbitrators from among its list
of accredited Voluntary Arbitrators.

a. Policy Instructions No. 56

b. Policy Instructions No. 57
c. Policy Instructions No. 58
d. Policy Instructions No. 59

36. The term parties under the conflict of jurisdiction between labor arbiters
and voluntary arbitrators over termination cases refers to:

I. Employer and Union.

II. Employer and Dismissed Employee.
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 a. Only Statement I is correct.
b. Only Statement II is correct.
c. Both Statements I and II are correct.
d. Both Statements I and II are false.

37. Absent the mutual express agreement of the parties, Voluntary

Arbitrator cannot acquire jurisdiction over:

a. Labor cases.
b. Employment cases.
c. Termination cases.
d. Hiring cases.

38. I. Termination of employment, not a grievable issue.

II. Even if the CBA provides that termination disputes are grievable, the
same is merely discretionary on the part of the parties thereto.

a. Only Statement I is correct.

b. Only Statement II is correct.
c. Both Statements I and II are correct.
d. Both Statements I and II are false.

39. The phrase “all other labor disputes” in Article 275 [262] does
automatically confer jurisdiction on Voluntary Arbitrators.

a. The statement is true.

b. The statement is false.
c. Cannot be determined.
d. None of the above.

40. The jurisdiction conferred by Article 224 [217] to Labor Arbiters is:

a. Original only.
b. Exclusive only.
c. Appellate only.
d. Both Original and Exclusive.

41. Statement I. A labor case that involves the church and its religious minister as
parties thereto does not ipso facto give the case a religious significance.

Statement II. The State, through the NLRC and the Labor Arbiter, has the
right to take cognizance of the case to determine whether the church, as
employer, rightfully exercised its management prerogative to dismiss the
religious minister as its employee.

a. Only Statement I is True

b. Only Statement II is True
c. Both Statement I and II are True
d. Both Statement I and II are False

42. Which among the following is not an example of eclessastical affairs that
the state cannot meddle with?

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 a. Proceedings for excommunication
b. Ordination of religious ministers
c. Administration of sacraments
d. Dismissal of religious ministers

43. Statement I. Labor Arbiters have jurisdiction over claims arising

from employer-employee relations, including those of domestic workers,
involving an amount not exceeding P5,000.

Statement II. The DOLE Regional Director has jurisdiction over monetary
claims arising from employer-employee relations, including those of
domestic workers, involving an amount not exceeding P5,000.

a. Only Statement I is True

b. Only Statement II is True
c. Both Statement I and II are True
d. Both Statement I and II are False

44. Statement I. Issues on the termination of membership of members of

cooperatives organized under the Cooperative Code fall within the
jurisdiction of the Labor Arbiters.

Statement II. The Labor Arbiter has jurisdiction over the termination of
employment and monetary claims of employees of a cooperative or its
member-employees.

a. Only Statement I is True

b. Only Statement II is True
c. Both Statement I and II are True
d. Both Statement I and II are False

45. Statement I. Local water districts are quasi-public corporations and

therefore, the dismissal of their employees is governed by the civil service
laws, rules and regulations.

Statement II.Jurisdiction over strikes in local water districts is lodged with

the NLRC.

a. Only Statement I is True

b. Only Statement II is True
c. Both Statement I and II are True
d. Both Statement I and II are False

46. The Labor Arbiter has jurisdiction over:

a. Tax deductions from retirement benefits due an employee.

b. Cases involving employees of local water districts.
c. The termination of membership of a member of a cooperative cognizable
by the CDA.
d. None of the above.

47. Statement I. Employers can assert claims or counterclaims against

their employees in the same cases filed by the latter against the former before
the Labor Arbiters.
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 Statement II. The Labor Arbiter has jurisdiction to determine, preliminarily,
the parties rights over a party when it is necessary to determine an issue related to
the rights or claims arising from employer-employee relationship.
Statement III. A monetary claim of the employer which has not been
asserted before the Labor Arbiter can be belatedly raised.

Which of the following Statements are true?

a. I, II and III
b. I and II only
c. I only
d. None of the above

48. As per jurisprudence, which of the following issues or cases fall within the
jurisdiction of the Labor Arbiter?

a. Cases involving entities immune from suit

b. Criminal and civil liabilities arising from violations of certain provisions
of the Labor Code
c. Constitutionality of CBA provisions
d. None of the above

49. Statement I. The Labor Arbiter does not have jurisdiction over claims
for damages arising from breach of non-compete clause and other post-
employment prohibitions.
Statement II. The Labor Arbiter does not have jurisdiction over claims for
payment of cash advances, car, appliance and other loans of employees.

a. Only Statement I is True

b. Only Statement II is True
c. Both Statement I and II are True
d. Both Statement I and II are False

50. Statement I. Legal compensation or set-off of the employer’s and

employee’s claims against each other is allowed to be done before the Labor
Arbiter.

Statement II. In accordance with jurisprudence, breach of the post-

employment conditions or undertaking like a “Goodwill clause” is a labor
law case, not a civil law dispute.

a. Only Statement I is True

b. Only Statement II is True
c. Both Statement I and II are True
d. Both Statement I and II are False

51. Statement I. The illegal dismissal of an officer or other employee of a private

employer is properly cognizable by the Labor Arbiter.

Statement II. Where the complaint of illegal dismissal concerns a corporate

officer, the controversy falls within the jurisdiction of the RTC.

a. Only Statement I is True

b. Only Statement II is True
c. Both Statement I and II are True
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 d. Both Statement I and II are False

52. Which of the following do not constitute the test to determine whether a
dispute is an intra-corporate controversy?

a. Control Test
b. Relationship Test
c. Nature of Controversy Test
d. None of the above

53. Statement I. Any monetary claims being asserted by a corporate

officer who is not a mere employee such as unpaid salaries, commissions,
separation pay and backwages, and other benefits are corporate
controversies in contemplation of the Labor Code.
Statements II. The inclusion of [such] money claims in the complaint
converts the issue into a labor problem.

a. Only Statement I is True

b. Only Statement II is True
c. Both Statement I and II are True
d. Both Statement I and II are False

54. The Labor Arbiter have no jurisdiction over cases involving:

a. Dismissal of corporate officers and their monetary claims

b. Issues involving suspension of payment of debts (rehabilitation
receivership)
c. Cases falling under the doctrine of forum non conveniens
d. All of the above

55. Statement I. The jurisdiction conferred by law upon Labor Arbiters and the NLRC
is merely suspended when the assets of a former employer have been placed under
rehabilitation.

Statement II. The suspension of all actions covers claims against the
corporation which is undergoing rehabilitation receivership, except labor
claims.

a. Only Statement I is True

b. Only Statement II is True
c. Both Statement I and II are True
d. Both Statement I and II are False

56. Statement I. Entities immune from suit cannot be sued for labor law
violations in the discharge of their proprietary functions.

Statement II. An entity immune from suit cannot be estopped from claiming
diplomatic immunity.

a. Only Statement I is True

b. Only Statement II is True
c. Both Statement I and II are True
d. Both Statement I and II are False

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 57. The Labor Arbiter has jurisdiction over an employer’s claims against an
employee for:

a. Cash loans or advances

b. Personal loan
c. Car loan
d. None of the Above

58. Statement I. An “office” is created by the charter of the corporation

and the officer is elected by the directors or stockholders.

Statement II. An “employee” occupies no office and is generally employed

not by the action of the directors or stockholders but by the managing
officer of the corporation who also determines the compensation to be paid
to such employee.

a. Only Statement I is True

b. Only Statement II is True
c. Both Statement I and II are True
d. Both Statement I and II are False

59. Statement I. The status of an employee as director and stockholder

automatically converts his dismissal into an intra-corporate dispute.

Statement II. Corporate officers may be ousted from office at will while an
ordinary employee may only be terminated for just cause.

a. Only Statement I is True

b. Only Statement II is True
c. Both Statement I and II are True
d. Both Statement I and II are False

60. Which of the following circumstances must concur in order for an

individual to be considered as a corporate officer, as against an ordinary officer or
employee?

I. Creation of the position is under the corporation’s charters or by-laws

II. The election of the officer is by the directors or stockholders
III. The corporate office was created by the Board of Directors

a. I and III
b. II and III
c. I and II
d. All of the above

61. Under R.A. No. 10361, a “househelper” should now be referred to as

a. domestic worker
b. domestic helper
c. domestic servant
d. yaya

62. This refers to any person engaged in domestic work within an

employment relationship such as, but not limited to, the following: general
househelp, nursemaid, cook, gardener, or laundry person, but shall exclude any
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 person who performs domestic work only occasionally or sporadically and not on an
occupational basis.

a. yaya
b. kasambahay
c. domestic servant
d. domestic helper

63. Under this doctrine, a member-employee has two distinct personalities

joined into one, to wit: first, as an employee of the cooperative; and second, as a
member co-owner thereof.

a. Member-Employee Doctrine
b. Joined Personality Doctrine
c. Employee – Co-owner Doctrine
d. Cooperative Employee Doctrine

64. Employers may exercise this right against employees in cases filed by the
latter before the Labor Arbiters.

a. Right to file an answer to the claim

b. Right to institute an action seeking dismissal of the case
c. Right to assert claims or counter-claims
d. Right file an action for damages

65. In necessarily determining an issue related to rights or claims arising

from employer-employee relationship, the Labor Arbiter has jurisdiction to
____________.

a. Determine the parties’ rights involving their wage claims

b. Render judgment on the parties’ rights as far as the case is concerned
c. Determine the parties’ rights over a property
d. Render decision on the merits of the case

66. The following issues or cases do not fall under the jurisdiction of Labor
Arbiters, except:

a. Constitutionality of CBA provisions

b. Quasi-delict or tort cases
c. Cases falling under the doctrine of forum non conveniens
d. Claims arising out of an employer-employee relationship
e. Dismissal of corporate officers and their money claims
f. Issues involving suspension of payment of debts (rehabilitation receivership)

67. In resolving issues involving loans availed of by employees from their

employers, it has been the consistent ruling of the Supreme Court that the Labor
Arbiters have _________________ over cases concerning said issues.

a. exclusive jurisdiction
b. appellate jurisdiction
c. original jurisdiction
d. no jurisdiction

68. Who has jurisdiction over cases filed for the collection of cash advance
made by the employee from the employer?
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 a. Labor Arbiter
b. NLRC
c. Med-Arbiter
d. regular court

69. The rights and obligations of the parties under a contract involving a car
loan may be enforced in a case before

a. the Med-Arbiter
b. the NLRC
c. the Labor Arbiter
d. the regular court

70. This clause prohibits key officers and personnel from engaging in the
same type of business themselves or getting employed in competitor-entities after
the termination of their employment from their current employer.

a. restriction clause
b. prohibitory clause
c. non-compete clause
d. non-engagement post-employment clause

71. Who has jurisdiction over complaints involving illegal dismissal

concerning a corporate officer?

a. Municipal Trial Court, in adherence to the doctrine of hierarchy of courts

b. NLRC, pursuant to Section 25 of the Labor Code
c. Regional Trial Court, because the controversy arises out of intra-corporate or
partnership relations
d. Labor Arbiter, because the claim arises out of employer-employee relationship

72. In Matling Industrial and Commercial Corp. v. Ricardo R. Coros, it was

laid down that as a rule, the illegal dismissal of an officer or other employee of a
private employer is properly cognizable by______________, pursuant to Article
224(a)2 of the Labor Code as amended.

a. the Labor Arbiter

b. the POEA
c. the Med-Arbiter
d. DOLE Regional Director

73. A distinction between a “corporate officer” and an “employee” was made

in Easycall Communications Phils., Inc. v. King. Accordingly, an “office” is created
by the charter of the corporation and the “officer” is elected by the directors or
stockholders. On the other hand, an “employee”

a. occupies an office and employed by the action of the stockholders of the

corporation who determines the compensation to be paid to such employee
b. occupies an office and employed by the action of the managing officer
of the corporation who determines the compensation to be paid to such
employee
c. occupies no office and is generally employed by the action of the
managing officer of the corporation who determines the compensation to be paid
to such employee
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d. occupies no office and is generally employed by the action of the stockholders
of the corporation who determines the compensation to be paid to such
employee

74. What is the two-tiered test that should be considered in determining

whether a dispute constitutes an intra-corporate controversy or not?

a. the status of the relationship of the employees (Status Test) and the nature of the question
that is the subject of their controversy (Nature of Controversy Test)
b. the status of the relationship of the parties (Relationship Test) and the nature of the
question that is the subject of their controversy (Nature of Controversy Test)
c. the amount of the money claim raised by the parties (Money Claim Test) and the nature
of the action (Nature of Action Test)
d. the status of the money claim raised by the parties (Status Test) and the nature of the
action (Nature of Action Test)

75. What doctrine may be invoked against an employer which actively

participated in the proceeding before the Labor Arbiter but later, when the case
was decided adversely on appeal, invoked lack of jurisdiction as a ground to defeat
the action of the employee?

a. Doctrine of waiver
b. Doctrine of strained relations
c. Equitable doctrine of laches
d. Doctrine of estoppel

76. Under R.A. No. 10142, the rehabilitation proceedings are deemed to have
commenced from the date of filing of the petition. A Stay or Suspension Order is
then issued in conjunction with the Commencement Order which shall have the
following effects, except:

a. suspend all actions or proceedings, in court or otherwise, for the enforcement of claims
against the debtor
b. suspend all actions involving money claims, attachment or other provisional remedies
against the debtor
c. suspend all actions to enforce any judgment, attachment or other provisional remedies
against the debtor
d. prohibit the debtor from selling, encumbering, transferring or disposing in any manner
any of its properties except in the ordinary course of business
e. prohibit the debtor from making any payment of its liabilities outstanding as of the
commencement date except as may be provided by law

77. This principle states that immune entities cannot be sued for labor law
violations.

a. jure gestionis
b. generally accepted principle of law
c. immunity from suit
d. universally recognized principle

78. Which of the following is an exception to the doctrine of par in parem

non habet imperium (an equal has no power over an equal)?

a. When the function of the foreign entity otherwise immune from suit partakes of the
nature of a proprietary activity
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 b. When the function of the foreign entity otherwise immune from suit
partakes of the nature of a governmental activity
c. When the function of the foreign entity otherwise immune from suit partakes of the
nature of a state-related activity
d. When the function of the foreign entity otherwise immune from suit partakes of the
nature of an office-related activity

79. The following are pertinent principles in labor cases involving financial
rehabilitation and insolvency, except

a. The jurisdiction conferred by law upon Labor Arbiters and the NLRC
would not be lost simply because the assets of a former employer have been placed
under rehabilitation receivership or liquidation.
b. The suspension of all actions covers all claims against the corporation
which is undergoing rehabilitation receivership, whether for damages
founded on a breach of contract of carriage, labor cases, collection suits or any
other claims of a pecuniary nature.
c. The suspension of all actions for money claims embraces all phases of the suit, be it
before the trial court or any tribunal or before the Supreme Court.
d. The decision or dismissal order and writ of execution issued by the Labor
Arbiter while the company is undergoing rehabilitation could never attain final
and executory status.
e. Duration of automatic stay has no limit.

80. Under this international law principle/doctrine, a Philippine court or

agency may assume jurisdiction over the case if it chooses to do so provided the
following requisites concur: (1) that the Philippine court is one to which the parties
may conveniently resort; (2) that the Philippine court is in a position to make an
intelligent decision as to the law and the facts; and (3) that the Philippine court has
or is likely to have power to enforce its decision.

a. Forum Non Conveniens

b. Balancing Test
c. Adequate Alternative Inquiry Test
d. Sua Sponte Action

81. While the jurisdiction to hear and decide the administrative and civil
aspects of unfair labor practice is vested upon the _____________, the jurisdiction
over the criminal aspect thereof is vested in the ____________.

a. Labor Arbiters; regular courts

b. DOLE; Labor Arbiters
c. NLRC; regular courts
d. Bureau of Labor Relations; regular courts

82. Labor arbiters shall have ______________jurisdiction to hear and decide

cases within ______ days after the submission of the case by the parties for decision
without extension.

a. Original and exclusive; 15 day

b. Concurrent; 60 days
c. Original and Exclusive; 30 days
d. Appellate; 60 days

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 83. The ________ shall have _____________________ over certified cases
which refer to labor disputes causing or likely to cause a strike or lockout in an
industry indispensable to the national interest, certified to it by the DOLE Secretary
for compulsory arbitration.

a. Office of the President; Appellate Jurisdiction

b. Labor Arbiter; Original Jurisdiction
c. Bureau of Labor Relations; Exclusive Original Jurisdiction
d. NLRC; Exclusive Original Jurisdiction

84. Statement 1: The DOLE Regional Directors shall have Original and
excusive Jurisdiction over cases submitted for voluntary arbitration in their
capacity as Ex-Officio Voluntary Arbitrators (EVAs)

Statement 2: The Bureau of labor Relations shall have Original and

Appellate Jurisdiction over petition to annul or modify the order or resolution of
Labor Arbiters, including those issued During execution proceedings, under the
new concept of extraordinary remedies.

a. Only statement 1 is correct

b. Only statement 2 is correct
c. Both Statements 1 and 2 are correct
d. Both Statements 1 and 2 are incorrect

85. Petition to assume jurisdiction over labor disputes affecting industries

indispensable to the national interest is cognizable by the _______________ in its
_______________.

a. NLRC; Exclusive Original Jurisdiction

b. DOLE Regional Directors; Appellate jurisdiction
c. NLRC; Exclusive Appellate Jurisdiction
d. DOLE Secretary; Original Jurisdiction

86. Which among the following are decisions appealable to the DOLE
Secretary?

a. Those rendered by labor Arbiters that are not appealable to the NLRC
which has exclusive appellate jurisdiction thereof
b. Those rendered by the NLRC since they can be elevated directly to the CA by way
of Rule 65
c. Those rendered by Voluntary Arbitrators which are appealable directly to
the CA under Rule 43 of the Rules of Court
d. None of the above

87. Statement 1: The only way to elevate the decisions of the NLRC to the
CA is to initiate on original special civil action of certiorari under Rule 65 of the
Revised Rules of Court

Statement 2: Proceedings for indirect contempt cannot be initiated motu

proprio by the Commission or any Labor Arbiter by an order or any other
formal charge requiring the respondent to show cause why he/she should
not be punished for contempt.

a. Only Statement 1 is correct

b. Only statement 2 is correct
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 c. Both Statements 1 and 2 are correct
d. Both Statements 1 and 2 are incorrect

88. Complaints and petitions involving the application for registration,

revocation or cancellation or registration of federations, national unions, industry
unions, trade union centers and their local chapters/chartered locals affiliates and
member organizations decided by the ______________ in his
______________________ are appealable to the ____________________.

a. NLRC; Exclusive original Jurisdiction; DOLE Secretary

b. BLR Director; Original Jurisdiction; DOLE Secretary
c. Med-Arbiter; Original Jurisdiction; NLRC
d. None of the above is correct

89. Statement 1: The DOLE secretary shall have Exclusive jurisdiction

to act on appeals from POEA in all cases which are administrative in
character, involving or arising out of violations of recruitment rules and
regulations, including refunds of fees collected from land based OFWs and
seafarers and any violation of the conditions for the issuance of the license to
recruit OFWs over which the latter exercises original and exclusive
jurisdiction

Statement 2: POEA Administrative decisions may be appealed to the DOLE

Secretary within 15 calendar days from receipt of the copy of the decision.

a. Statement 2 is not incorrect

b. Statement 2 is false
c. Statement 1 and 2 is false
d. None of the above
90. This reiterates the mandatory filing of a motion for reconsideration prior
to the institution of a Rule 65 petition for certiorari from the decision of quasi-
judicial administrative agencies.

a. The Halaquena Doctrine

b. The Philtranco Rule
c. St. Martin Funeral Home Rule
d. Double-rule

91. Under DOLE Circular No. 1, s2006, decisions rendered by DOLE

Secretary may be elevated to the ________________, by way of an/a
___________________________.

a. Court of Appeals; ordinary appeal under Rule 43

b. Office of the President; Petition for certiorari Rule 54
c. Court of Appeals; Petition for review on certiorari Rule 54
d. Supreme Court; Petition for review on certiorari Rule 54

92. The Commission (NLRC) shall have the power and authority to
____________________

a. Power to call a national, regional or industrial tripartite conference of

representatives of government, workers and employers for the consideration
and adoption of voluntary codes of principles designed to promote industrial peace
based on social justice or to align labor movement relations with established
priorities in economic and social development (Art. 290[275] (b))
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 b. Power to suspend and/or cancel license or authority under Art. 35/LC
c. Power to hold any person in contempt directly or indirectly and impose
appropriate penalties therefore in accordance with the law
d. Power to restrict and regulate the recruitment and placement activities
within the coverage of this Title

93. Statement 1: The NLRC has the power to issue Subpoena Duces Tecum and Ad
testificandum
Statement 2: The NLRC rules of procedure shall be liberally construed to carry out the
objectives of the constitution, the Labor Code and other relevant legislations
and to assist the parties in obtaining just, expeditions and inexpensive
resolution and settlement of labor disputes
Statement 3: One of the grounds of direct contempt is misbehavior of any officer or
employee in the performance of his /her official duties or in his/her official
transactions

a. Statements 1 and 2 are false

b. Only statement 3 is false
c. Only Statement 3 is true
d. Only Statement 2 is true

94. It is defined as a disobedience to the court by setting up an opposition to

its authority, justice and dignity. It signifies not only a willful disregard or
disobedience to the court’s order but such conduct that tends to bring the authority
of the court and the administration of law into disrepute or in some manner to
impede the due administration of justice.

a. Contempt
b. Scorn
c. Derision
d. Obloquy

95. Statement 1: The existence of a labor dispute between contending parties

is necessary before the commission may enjoin or restrain prohibited or unlawful
acts
Statement 2: The commission may grant preliminary or permanent
injunction even without hearing the testimony of witnesses and without opportunity
for cross examination.

a. Only Statement 1 is false

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

96. They are the duly “authorized representatives” of the DOLE Secretary.

a. Med-Arbiters
b. Labor Arbiters
c. DOLE Regional Directors
d. DOLE Assistant Secretary

97. Which among the following is not under the DOLE Secretary’s Original
Jurisdictions?

a. Petition to suspend effects of termination

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 b. Contempt Cases
c. Voluntary Arbitration Cases
d. Petition for closure of agency

98. Appeals to the DOLE Secretary may originate from any of the following
offices, except

a. DOLE Regional Director

b. NLRC
c. BLR Director
d. POEA

99. The Commission has the Power to conduct proceedings under Article
225 (218). As such, it may do and perform the following, except

a. To adjourn its hearing to any time and place

b. To direct parties to be joined in or excluded from the proceedings
c. To give all directions as it may deem necessary or expedient in the
determination of the dispute before it.
d. Power to investigate violation of apprenticeship agreement upon
complaint or motu proprio

100. An injury constantly and frequently recurring that no fair and

reasonable redress can be had therefor in a court of law, or where there is no
standard by which its amount can be measured with reasonable accuracy, that is, it
is not susceptible of mathematical computation

a. Serious Injury
b. Uncompensable Injury
c. Irreparable Injury
d. Emotional Injury

101. The following are the persons who may conduct an ocular inspection
except:

a. The Chairman
b. Any Commissioner
c. Chief Executive
d. Labor Arbiter

102. The cases over which Commission may issue injunction are the
following except:

a. Grievance Machinery
b. Ordinary labor disputes
c. Picketing
d. Strike or Lockout

103. The following are the cases by which injunction may be issued in case of
picketing:

a. If the picketing is carried out through the use of illegal means.

b. If violence and other illegal acts are employed.
c. If there is substantial or irreparable injury.
d. If injunction is necessary to protect the rights of third parties.
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 104. The following are the cases when the strike itself may be enjoined
except:

a. Where the strike was held in violation of the law which prohibits the
conduct of strike grounded on wage distortion.
b. Where the strike was based on strikeable ground, that is, for failing to
exhaust all the steps in the grievance machinery and arbitration
proceedings provided in the CBA..
c. Where the strike was held to compel the employer to ignore the law.
D. Where the strike was staged after the notice of strike had been converted
into a preventive mediation case.

105. How long is a TRO effective?

a. No longer than 15 days

b. No longer than 20 days
c. No longer than 25 days
d. No longer than 30 days

106. What is the reckoning point of a TRO?

a. From the presentation of evidence

b. From the issuance of notice
c. From the issuance of the order or resolution
d. From the posting of the cash bond

107. When may a petition for extraordinary remedy be entertained?

a. If there is no appeal or any other plain, speedy and adequate remedy in the
ordinary course of law.
b. If there is an appeal or any other plain, speedy and adequate remedy in the
ordinary course of law.
c. If there is no appeal or any other plain, speedy and adequate remedy in the
extraordinary course of law.
d. If there is no appeal in the extraordinary course of law.

108. The following are the grounds for the petition of extraordinary remedy
except:

a. If made purely on questions of law.

b. If the order or resolution will cause injustice if not rectified.
c. If there is prima facie evidence of abuse of discretions on the part of the Labor
Arbiter.
d. If a part by fraud, accident, mistake or excusable negligence has not been
prevented from taking an appeal.

109. When may a petition for extraordinary remedy be filed?

a. Not later than 10 calendar days from the receipt of the order or the resolution of
the Labor Arbiter.
b. Not later than 15 calendar days from the receipt of the order or the resolution of
the Labor Arbiter.
c. Not later than 20 calendar days from the receipt of the order or the resolution of
the Labor Arbiter.
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 d. Not later than 25 calendar days from the receipt of the order or the resolution of
the Labor Arbiter.

110. Statement I: Both the Labor Arbiter and the adverse party must be
impleaded as public and private respondents, respectively.

Statement II: The party filing the pleadings should serve the other party with
copies thereof in accordance with Rule 13.

a. Only Statement I is True

b. Only Statement II is True
c. Both Statement I and Statement II are True
d. Both Statement I and Statement II are False

111. Upon the filing of the petition for extraordinary remedy, the NLRC
Sheriff cannot, for a period of 15 days except:

a. Enforce the writ of execution.

b. Render a judgment.
c. Release the money that he has already collected or credit he has already
garnished
d. Sell by public auction the personal properties he has levied upon.

112. In the following cases, the Commission may dismiss the petition if it
finds except:

a. That there is substantial and irreparable injury.

b. That the same is patently without merit.
c. That it was prosecuted manifestly for delay.
d. That the question raised therein are too unsubstantial to require
consideration or when an appeal or any other plain, speedy and adequate
remedy in the ordinary course of law is available.

113. This refers to the due process that should be afforded by the employer to
an employee prior to the latter’s termination.

a. Labor court due process.

b. Company-level due process.
c. Due process.
d. Equal protection.

114. This refers to the due process required to be afforded to the parties in
termination cases filed before such labor authorities as the Labor Arbiter and the
NLRC.

a. Labor court due process.

b. Company-level due process.
c. Due process.
d. Equal protection.

115. What are the aspects of company-level due process?

a. Substantive
b. Procedural
c. Administrative
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 d. Both a and b

116. Statement I: A pleading is verified by an affidavit that the affiant has

read the pleadings and that the allegations therein are true and correct of his
personal knowledge or based on authentic records.

Statement II: A pleading required to be verified which a verification based

on “information and belief”.

a. Only Statement I is True

b. Only Statement II is True
c. Both Statement I and Statement II are True
d. Both Statement I and Statement II are False

117. The following are the ways by which forum-shopping can be committed
except:

a. Litis pendentia
b. Res judicata
c. Joinder of causes of action
d. Splitting of causes of action

118. The following are the elements of forum-shopping except:

a. Identity of parties or at least such parties that represent the same interests
in both actions.
b. Identity of rights asserted and reliefs prayed for, the reliefs being founded
on the same facts.
c. Identity of two preceding particulars, such that any judgment rendered in
the other action will, regardless of which party is successful, amount to res
judicata in the action under consideration.
d. Identity of two preceding particulars, such that any judgment rendered in
the other action will, regardless of which party is successful, amount to litis
pendentia in the action under consideration.

119. Statement I: When venue is not objected to before the first schedules
mandatory conference, such issue shall be deemed waived.

Statement II: The venue of an action may not be changed or transferred to

a different NLRC-RAB of the NLRC other than where the complaint was
filed.

a. Only Statement I is True

b. Only Statement II is True
c. Both Statement I and Statement II are True
d. Both Statement I and Statement II are False

120. What is a pleading alleging the cause or causes of action of the

complainant or petitioner?

a. Position Paper
b. Complaint
c. Counterclaim
d. Third-party complaint

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 121. What is the general rule a hearing a case brought to a labor arbiter?

A. Hearing is mandatory because it is the right of the parties to be heard

B. Hearing is discretionary on the part of the labor arbiter
C. Hearing is dependent on whether the parties will request for a hearing
D. Hearing is dependent on the issue brought to the Labor Arbiter

122. When an act or declaration was made in the presence or within hearing
or observation of a party who does not refute such declaration, can such declaration
be taken against him?

A. No, silence of a party means no.

B. It depends on the labor arbiter.
C. Yes, silence constitutes admission.
D. None of the Above

123. Are ex party decisions of the labor arbiter binding?

A. No, Labor Arbiters cannot render decisions ex parte.

B. No, it is a blatant denial of due process if a party is denied his opportunity to
be heard.
C. Yes, if the party was given ample opportunities to submit his position paper.
D. Yes, based if permission of the NLRC was acquired

124. The following are contents of a decision from the labor arbiter except:

A. Facts of the case

B. Issues Involved
C. Conclusion and reasons
D. Applicable laws or rules
E. All of the above

125. The Labor Arbiter has how many days to decide on the case in case
there are no extensions?

A. 15 days
B. 30 days
C. 60 days
D. 90 days

126. For cases involving OFWs, how many days are allotted for the Labor
Arbiter to terminate the case?

A. 15 days
B. 30 days
C. 60 days
D. 90 days

127. Cases brought to the Labor Arbiter ______

A. May be designated by him to any person he deems fit to decide on the case
B. Should be under his full control
C. Should first be brought to the courts to certify that there is a labor dispute
D. Must have been certified by the DOLE for being a valid labor dispute

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 128. The hearing or clarificatory conference should be terminated within
____
calendar days from the date of the initial clarificatory conference.

A. 15 days
B. 30 days
C. 60 days
D. 90 days

129. What instance makes a hearing is necessary in labor cases?

A. When factual issues require the presentation of evidence

B. When the parties demand a hearing
C. When no position paper has been submitted
D. Hearing is always discretionary on the part of the Labor Arbiter

130. What is the effect of non-appearance of a party in a hearing despite due

notice and without any just cause?

A. Dismissal of the complaint

B. The proceedings will be rescheduled
C. Absent party will be declared in contempt
D. Proceedings shall proceed ex parte

131. Can the NLRC remand a labor case to the Labor Arbiter to conduct
hearing?

A. Yes, if the decision was appealed to the NLRC

B. No, the Labor Arbiter is given full discretion on whether to conduct a hearing
or not
C. Yes, in order for the NLRC to be able to decide on the appealed case
D. No, because only the CA or SC may remand cases to the Labor Arbiter

132. In order for settlement of cases on appeal to the NLRC to be valid and
binding between the parties, it should be approved by who?

A. Labor Arbiter
B. Commission
C. Parties themselves
D. None

133. When is the reinstatement aspect of a decision is executory?

A. If not appealed, after 15 days

B. If appealed, the reinstatement aspect is stayed
C. It is executory immediately
D. None of the above

134. Which is/are true when it comes to the rule on appearance of non-
lawyers in labor cases?

A. One may represent himself as a party to the case

B. If he represents a legitimate labor organization

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 C. If he represents the members of a legitimate labor organization
D. All of the above
E. None of the above

135. If a case is appealed to the Commission, can there still be conciliation

and mediation?

A. No, the commission can only mediate cases brought to it through its
original jurisdiction
B. Yes, it is the mandate of the NLRC to try and mediate cases brought
to it even if through its appellate jurisdiction.
C. It depends on the discretion of the judge.

136. Can there be a second motion for reconsideration for a decision

rendered by the Commission?

A. Yes, unlike the Rules of Court, the NLRC Rules of Procedure allow for a
second motion for reconsideration
B. No, it is a prohibited pleading
C. It depends on the discretion of the commissioners.
D. There is can be no motion for reconsideration when it comes to the
decision of the Commission

137. X, a non-lawyer, represented DTP WORKERS UNION in a labor case

against DTP, Inc. After the case was finally brought to the Court of Appeals, DTP,
Inc. questioned the representation of X, claiming that non-lawyers are not allowed
before the Court of Appeals or Supreme Court. Is the claim of DTP, Inc correct?

A. Yes, only members of the IBP are allowed to represent parties in the Court
of Appeals.
B. No, once a person is appointed to represent a party he may do so until
the case is finally terminated or until the union decides otherwise.
C. It depends on the discretion of the Court.

138. Upon motion for reconsideration the Commission reversed its decision.
Is this reversal valid?

A. Yes, the NLRC as a quasi-judicial body having control over a case may
reverse their decision to be conformable to law and justice.
B. No, the issues and arguments having been passed upon can no longer be
reversed
C. No, reversal of a judgment may only be done by a higher court
D. Yes, as long as the appellate court allows such reversal

139. X Union brought an complaint against DB Company to Labor Arbiter

R. R decided the case in favor of X Union. DB Company filed a motion for
reconsideration. However, instead of deciding on the motion, R elevated the case to
the Commission for disposition. Is the act of R correct?

A. Yes, a motion for reconsideration brought to a Labor Arbiter is to be

treated as an appeal.
B. No, the Labor Arbiter should first decide on the motion for
reconsideration before a party may appeal.
C. It depends on whether the parties will agree to it being elevated to the
Commission
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 140. The Labor Arbiter issued a decision including a reinstatement order.
The employer refused to reinstate the employee claiming that there is a pending
appeal. The Labor Arbiter immediately issued a writ of execution for the
reinstatement of the employee. Is the contention of the employer tenable?

A. Yes, the judgment is stayed pending appeal

B. No, despite an appeal an order of reinstatement of an employee must be
complied with
C. It depends on whether a court will allow the reinstatement pending
appeal

141. What is the effect of the appearance of a non-lawyer in contravention

of any provision of the NLRC Rules of Procedure?

a. The appearance of such person will not be recognized in any proceedings before the
Labor Arbiter or the NLRC
b. The appearance of such person will be recognized before the NLRC and
Labor Arbiter, but not the regular courts
c. The appearance of such person will be recognized by the in all courts
d. None of the above

142. May a non-lawyer appear as counsel before the Court of Appeals in a

labor case?

a. Yes, because non-lawyers are allowed to appear as legal representative

for a party in labor proceedings.
b. No, because non-lawyers may only appear before the Labor Arbiter or the Commission
as counsel in a labor proceeding, but not before the regular courts like the Court of
Appeals in a labor case
c. Yes, because non-lawyers may appear as counsel in any court, provided
they are authorized by the litigant
d. No, because non-lawyers may not appear as counsel or legal
representative in any case, in any court of the Philippines.

143. When may the right to counsel be invoked in labor cases?

a. After judgment of the Labor Arbiter

b. Any time during the lifespan of the case
c. On appeal to the regular courts
d. None of the above

144. The perfection of an appeal in labor proceedings, within the

reglementary period and in the manner prescribed by law is ___________.

a. jurisdictional
b. optional
c. mere technicality
d. dispensable

145. Where should attorney’s fees, negotiation fees, and other similar
charges arising from negotiation or conclusion of the CBA be charged?

a. The personal funds of the union president

b. The collective personal funds of the union officers
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 c. The personal fund of any union member
d. The union funds

146. ________________ of the individual employees is necessary for the

collection of attorney’s fees, negotiation fees, or similar charges in the negotiation or
conclusion of CBA

a. Oral agreement
b. Written authorization
c. A majority
d. none of the above

147. The remedy of employees in case attorney’s fee, negotiation fees or

other similar fees are already checked-off from individual union members, despite
prohibition of such, is _______________

a. reimbursement from the employer

b. reimbursement from the union fund
c. reimbursement from the union officers
d. none of the above

148. The following are the only grounds by which an appeal from the
Labor Arbiter to Commission may be effected, except:

a. If there is prima facie evidence of abuse of discretion on the part of the

labor arbiter
b. If the decision, order or award was secured through fraud or coercion,
including graft and corruption
c. If made on both questions of law and of fact
d. If serious errors in the findings of fact are raised which would cause grave
or irreparable injury to the appellant

149. May an appeal of a labor case involving the dismissal of an employee

be dismissed on pure technicality?

a. No, because every case must be decided on the merits of the case.
b. Yes, because an appeal is a mere privilege, not a right that is granted in
every proceeding
c. Yes, because the Rules are not mere technicalities availed of by a party
when convenient and disposed of when necessary
d. No, because the dismissal of a labor case involving the dismissal of an
employee on the ground of pure technicality is in contravention of the
constitutional grant of protection to labor

150. Where should an appeal of the Decision, Orders, or Awards of a

Labor Arbiter be filed?

a. The Court of Appeals via Rule 65

b. The Regional Arbitration Branch of the NLRC where the case was filed
c. The Office of the Secretary of Labor and Employment
d. None of the above

151. Statement I. The period of appeal in a contempt charge is five (5) calendar days
from the notice of the judgement of the Labor Arbiter

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 Statement II. A guilty judgment in a contempt charge by the Labor Arbiter
is appealable to the National Labor Relations Commission

Statement III. Dismissal of a contempt charge is equivalent to an acquittal

in criminal cases, hence, it is not appealable

Which of the following is correct?

a. All of the statements are incorrect

b. Statement I is incorrect

c. All of the statements are correct

c. Statement II is incorrect

152. Which of the following is an effect of the filing of an appeal to the

NLRC from the Labor Arbiter?

a. The Labor Arbiter loses jurisdiction over the case, without prejudice to the
reinstatement of the case

b. The Labor Arbiter retain jurisdiction over the case, without prejudice to
reinstatement of the case

c. No effect with regards to the Labor Arbiter’s jurisdiction over the case

d. None of the above

153. Statement I. The perfection of an appeal will stay the execution of the
decision of the Labor Arbiter, without exception

Statement II. The perfection of an appeal to the NLRC will have no effect on the
execution of the decision of Labor Arbiter

Statement III. The perfection of an appeal will stay the execution of the
decision of the Labor Arbiter, except any reinstatement aspect thereof

Which of the following is correct?

a. Statement I is correct
b. Statement II is correct
c. Statement III is correct
d. None of the above

154. When does the period of appeal for decisions of the Labor Arbiter
start to run?

a. From the date of the Decision

b. From the date of receipt of the parties, regardless of the date of receipt of
the counsels or legal representative
c. From the date of receipt of the counsel(s) or legal representative
d. None of the above

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 155. What is the effect of miscomputation of the period of appeal from
decisions of the Labor Arbiter?

a. The miscomputation will forestall the finality and execution of the

judgement
b. The miscomputation will not forestall the finality of the judgment
c. The miscomputation will not be included in the computation of the period
of appeal
d. None of the above

156. Is a Motion for Extension of time to perfect an Appeal from the

judgment of a Labor Arbiter allowed?

a. Yes, because an appellant should be allowed more time to perfect the appeal
b. Yes, at the discretion of the Office or tribunal handling the appeal
c. No, because such Motion is prohibited under the NLRC Rules of Procedure
d. None of the above

157. Statement I. As a general rule, Saturdays, Sundays, and Holidays are

included in the reckoning period for the perfection of an appeal from the
decision of the Labor Arbiter

Statement II. As an exception to the general rule, if the last day of filing an
appeal falls on a Saturday, the appeal may be filed on the next working
day; or if it falls on a Sunday or holiday, on the next succeeding business
day.

Statement III. If the last day of filing an appeal falls on a Saturday, Sunday,
or Holiday, it must be filed on the last working or business day before the
last day.

Which of the following is correct?

a. All the statements are incorrect

b. Statement I is incorrect
c. Statement II is incorrect
d. Statement III is incorrect

158. What is the required form of an appeal in labor proceedings?

a. A Notice of Appeal
b. A Memorandum of Appeal
c. Either a Notice of Appeal or a Memorandum of Appeal
d. Neither a Notice of Appeal or a Memorandum of Appeal

159. The non-compliance of the legal requirements in the perfection of an

appeal in labor proceedings is generally ______________.

a. fatal to the appeal and will render the judgment final, executory and
unappealable
b. fatal to the appeal and will render judgement final and executory, but
without prejudice to a subsequent appeal
c. fatal to the appeal, but without prejudice to the filing of a subsequent
appeal

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 d. subject to the discretion of the NLRC whether or not it would entertain the
same

160. The date of filing of an appeal through registered mail is

_____________.

a. the date of receipt

b. the date of mailing
c. the date indicated in the appeal
d. none of the above

161. In all cases, the appellant shall furnish a copy of the memorandum
of appeal to the other party who shall file an answer not later than how many days
from receipt thereof?

a. 15 days c. 20 days
b. 10 days d. 30 days
162. Failure to serve a copy of the memorandum of appeal upon whom
does not bar the NLRC from giving due course to an appeal?

a. The opposing party c. Director of BLR

b. The Secretary of Labor d. The Clerk of Court
163. Failure on the part of whom who was properly furnished with a
copy of the appeal to file his/her answer or reply within the said period may be
construed as a waiver on his/her part to file the same?

a. The appellant c. Director of BLR

b. The Secretary of Labor d. The appellee

164. What is the requirement sine qua non for the perfection of an
appeal from the Labor Arbiter's monetary award?

a. Posting of a cash or surety bond c. Proof of service upon

the other parties
b. Certificate of non-forum shopping d. Proof of payment of
required appeal fee and legal research fee

165.Posting of a bond is both mandatory and ?

a. A dispensable requisite c. final and executory

b. Procedural d. Jurisdictional

166. What is the reglementary period for the cash, property or surety bond
required for the perfection of appeal to be posted?
a. 15 days c. 20 days
b. 10 days d. 30 days

167. What is the remedy of the employee in case of employer’s failure to post
bond to perfect its appeal?

a. Petition for mandamus c. Certiorari

b. Motion to dismiss d. Appeal

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 168. Damages and attorney's fees are excluded from the computation of the
monetary award to determine the amount of the appeal bond; these exclusions are
referred to as ?

a. Mandatories c. Fixed fees

b. Discretionaries d. Exclusionaries

169.These are fixed in the decision to which the employee is entitled upon
application of the law on wages which include awards for backwages, holiday pay,
overtime pay, separation pay and 13th month pay?

a. Mandatories c. Fixed fees

b. Discretionaries d. Exclusionaries
170. What is the effect on the bonding company which posted an irregular,
fake, spurious or not genuine bond?

a. May be blacklisted c. May be suspended

b. May be warned d. May be terminated

171. Who is not exempted from posting of bonds?

a. Government c. Cooperatives
b. Private Corporations d. GOCCs

172. Who is exempted from posting of bonds?

a. Government c. Cooperatives
b. Private Corporations d. GOCCs

173. It is possessed of the power to "correct, amend, or waive any

error, defect or irregularity whether in substance or form" in the exercise of its
appellate jurisdiction. Consequently, it may validly relax its rules by waiving any
error, defect or irregularity in respect to the posting of supersedeas bond.

a. Bureau of Labor Relations c. Voluntary Arbitration

b. National Labor Relations Commission d. Labor Arbiter

174. Jurisprudentially, it is the standing doctrine that the rules on the

posting of bond may be relaxed under certain exceptional circumstances. Which of
the following is not included?

a. Fundamental consideration of substantial justice.

b. Prevention of miscarriage of justice or of unjust enrichment.
c. Protection of workers and promoting their welfare.
d. Existence of special circumstances in the case combined with its legal merits as
well as the amount and the issue involved.

175. The delay in the posting of the bond must be caused by whom?

a. Appellant c. Third party

b. Appellee d. Clerk of Court

176. Which of the following will stop the running of the period for
perfecting an appeal under the Mcburnie Doctrine?

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 a. File a memorandum appeal, and a bond amounting to at least 25% of the
award.
b. File a memorandum appeal, a motion to reduce bond, and a bond
amounting to at least 15% of the award.
c. File a memorandum appeal, and a motion to reduce bond.
d. File a memorandum appeal, a motion to reduce bond, and a bond
amounting to at least 10% of the award.

177. Which of the following rulings that should comply with the
Mcburnie doctrine is not included?

a. The filing of a motion for recomputation of the monetary award in

order to reduce the appeal bond does not interrupt the running of
the period to perfect appeal.
b. Posting of bond together with the motion for reconsideration of NLRC
decision is valid.
c. Grant of additional time to post bond after denial of motion to
reduce bond is valid.
d. The NLRC could deny outright the motion to reduce bond.

178. Which of the following is one of the guidelines that must be

observed in the matter of filing and acceptance of motions to reduce appeal bond
under the Mcburnie Doctrine?

a. The filing of a motion to reduce appeal bond shall be entertained by the

Labor Arbiter subject to the following conditions: (1) there is meritorious
ground; and (2) a bond in a reasonable amount is posted.
b. A motion shall be accompanied by the posting of a provisional cash or
surety bond equivalent to twenty percent (20%) of the monetary award subject
of the appeal, exclusive of damages and attorney's fees.
c. Compliance with the foregoing conditions shall suffice to suspend the
running of the 15-day reglementary period to perfect an appeal from the Labor
Arbiter's decision to the NLRC.
d. The NLRC retains its authority to resolve the motion to reduce bond and
determine its final amount that shall be posted by the appellant, in accordance
with the standards of meritorious grounds and reasonable amount.

179. What Rule/Doctrine states that the appeal bond equivalent to 25% of
the monetary award is sufficient to perfect the appeal.

a. Garcia Doctrine
b. Sara Lee Rule
c. Belated Due Process Rule
d. Genuino Doctrine

180. The bond requirement on appeals involving monetary awards may be

relaxed. Which of the following instances is not included?

a. There was substantial compliance with the Rules.

b. Surrounding facts and circumstances constitute meritorious grounds to
reduce the bond.
c. A strict interpretation of the requirement of an appeal bond would serve
the desired objective of resolving controversies on the merits.
d. The appellants, at the very least, exhibited their willingness and/or good
faith by posting a partial bond during the reglementary period.
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 181. Statement 1: The failure of the appellant to alleged a material date in
the appeal memorandum is an innocuous mistake.

Statement 2: A statement of the date the appellant received the

appealed decision, award or order is required with respect to material
dates.

a. 1 true; 2 false
b. Both true
c. 1 false; 2 true
d. Both false

182. Statement 1: Mere failure to serve a copy of a memorandum of appeal upon the
opposing party does not bar the NLRC from giving due course to an appeal.

Statement 2: Failure to serve a copy of the memorandum of appeal is not

a jurisdictional defect warranting the dismissal of an appeal.

a. 1 true; 2 false
b. Both false
c. 1 false; 2 true
d. Both true

183. When should the appellee file his answer or reply to appellant’s
memorandum of appeal?

a. not later than 15 calendar days from receipt

b. not later than 30 calendar days from receipt
c. not later than 10 calendar days from receipt
d. not later than 20 calendar days from receipt

184. Where should the appellee file his answer or reply to appellant’s
memorandum of appeal?

a. NLRC Regional Arbitration Branch

b. DOLE Regional Office of origin
c. a or b
d. None of the above

185. Statement 1: The posting of bond signifies appellant - employers’

good faith and willingness to recognize the final outcome of their appeal.

Statement 2: Posting of a bond is not a requirement sine qua non for the
perfection of an appeal from the Labor Arbiter’s monetary award.

a. 1 true; 2 false
b. Both false
c. 1 false; 2 true
d. Both true

186. Statement 1: Posting of a bond is self - executory.

Statement 2: Failure to perfect an appeal has the effect of making the

judgement final and executory.
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 a. 1 true; 2 false
b. Both false
c. 1 false; 2 true
d. Both true

187. The cash, property or surety bond required for the perfection of appeal
should be posted within the ___________________ reglementary period.
a. 15 - calendar day
b. 10 - calendar day
c. 30 - calendar day
d. 20 - calendar day

188. The non - compliance of the posting of a bond within the reglementary
period would not result in the non - perfection of the appeal.

a. True
b. False
c. I don’t know
d. Maybe

189. Statement 1: The decision of the Labor Arbiter sought to be appealed

to the NLRC becomes final and executory upon the failure of the employer to
post the bond.

Statement 2: The posting of a bond for the perfection of appeal is

both mandatory and jurisdictional.

a. 1 true; 2 false
b. Both false
c. 1 false; 2 true
d. Both true

190. Mandatories amount of bond _________________?

a. Are those excluded from the computation of the monetary award.

b. Are those amounts fixed in the decision to which the employee is entitled
upon application of the law on wages.
c. Include awards for backwages, holiday pay, overtime pay, separation pay
and 13th month pay as well as damages and attorney’s fees.
d. a and c
e. b and c
f. a and b
g. all of the above

191. Statement 1: A joint declaration under oath by the employer, his/her

counsel, and the bonding company, attesting that the bond posted is
genuine, and shall be in effect until final disposition of the case

Statement 2: An indemnity agreement between the employee - appellee

and the bonding company

Statement 3: Notarized board resolution or secretary’s certificate from the

bonding company showing its authorized signatories and their specimen
signatures.
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 Choose among the following which documents is required to accompany the
surety bond.

a. All of the above-mentioned statements

b. None of the the above
c. Statement 1 and Statement 2
d. Statement 1 only
e. Statement 2 and Statement 3
f. Statement 2 only
g. Statement 1 and Statement 3
h. Statement 3 only

192. Statement 1: The refusal by a bonding company to pay the

judgement award on the ground that the posted surety bond is fake/spurious can
neither extinguish its solidary liability nor suspend execution proceedings.
Statement 2: Execution of final judgement against the surety bond
should proceed unless enjoined by a higher court.

a. 1 true; 2 false
b. Both false
c. 1 false; 2 true
d. Both true

193. Statement 1: A cash or surety bond shall be valid and effective from
the date of deposit or posting, until the case is finally decided, resolved or
terminated or the award satisfied.

Statement 2: The posting of a bank guarantee or bank certification is

equivalent to or can be considered compliance with the cash, surety or
property bond requirement.

a. 1 true; 2 false
b. Both false
c. 1 false; 2 true
d. Both true

194. Statement 1: Cooperatives are exempted from posting of cash or

surety bond

Statement 2: Government are exempt from posting of bond but not

government - owned and/or controlled corporations

a. 1 true; 2 false
b. Both false
c. 1 false; 2 true
d. Both true

195. Statement 1: That the decision of the Labor Arbiter does not grant
any monetary award

Statement 2: That the decision of the Labor Arbiter does not state the
specific amounts of the monetary awards

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 Statement 3: When, instead of posting a bond in a new case, the bond
posted in an earlier separate case which has already been decided with
finality in favor of the employer is applied to the new case

Which among the following are the jurisprudential bases for validity of non -
posting of bond

a. All of the foregoing

b. None
c. Statement 1 and Statement 2
d. Statement 1 only
e. Statement 2 and Statement 3
f. Statement 2 only
g. Statement 1 and Statement 3
h. Statement 3 only

196. Statement 1: The operative part in every decision is its dispositive portion or the
fallo

Statement 2: Where there is a conflict between the fallo and the body
of the decision, the fallo controls

a. 1 true; 2 false
b. Both false
c. 1 false; 2 true
d. Both true

197. The ______ bond does not deprive BLRC of its duty to determine final
amount of bond.

a. 5%
b. 10%
c. 15%
d. 20%

198. The appellant is given a period of ___________ from notice of the NLRC
order within which to perfect the appeal by posting the required appeal bond.

a. 5 days
b. 30 days
c. 10 days
d. 15 days

199. Statement 1: The NLRC could no longer deny outright the motion to
reduce bond.

Statement 2: The filing of a motion to reduce bond suspends the

period to perfect the appeal.

Which of the following relevant principles is/are false?

a. Statement 1 only
b. Statement 2 only
c. Both statement
d. None
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 200. Statement 1: Surrounding facts and circumstances constitute
meritorious grounds to reduce the bond.

Statement 2: A liberal interpretation of the requirement of an appeal bond would

served the desired objective of resolving controversies on the merits.

Statement 3: The appellees, at the very least, exhibited their

willingness and/or good faith by posting a partial bond during the reglementary
period.

Which of the following instances bond requirements on appeals involving

monetary awards may be relaxed?

a. Statement 1 only
b. Statement 2 only
c. Statement 3 only
d. Both statement 1 and 2
e. Both statement 1 and 3
f. Both statement 2 and 3
g. All statements
d. None of the statements

221.Prior to a total or partial reversal or annulment of the NLRC judgment

by the higher courts, such NLRC judgment has already been executed.

a. Total judgment
b. Partial judgment
c. Executed judgment
d. Annulment

222.Who has the power to rule upon frivolous or dilatory appeal?

a. NLCR
b. Labor Arbiter
c. Both A & B
d. None

223.What is the proper nomenclature to describe the ground to be invoked

for failure to exhaust administrative remedies?

a. Prematurity
b. Frivolous
c. Dilatory
d. Change of Theory

224.What does a premature action constitute?

a. Reversal
b.Annulment
c. Fatal infirmity
d. Change of theory

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 225.The principle of exhaustion of administrative remedies is not an iron-
clad rule. It may be thus be disregarded under the following circumstances, except:

a.When there is a violation of due process

b.When the rule of qualified political agency applies
c.When there is irreparable injury
d.When the subject matter is a public land in land case proceeding

226.What is the requisite for admission of new and additional evidence for
the first time on appeal?

a.A party should adequately explain any delay in the submission of evidence
b.A party should adequately and sufficiently prove the reason for delay
c.A party should sufficiently prove the evidence sought to be proven
d.Both A & C

227.How many days when the decision of the NLRC shall be final and
executory?

a.10 days
b.15 days
c.20 days
d.60 days

228.How many Motion for Reconsideration of the NLRC decision from the
same party should be entertained?

a.Four
b.Three
c.Two
d.One

229.What is the effect of demand for payment of separation pay in lieu of

reinstatement?

a. Deemed “resigned” but entitled to additional backwages or separation

pay
b. Deemed “resigned” but not entitled to additional backwages or
separation pay
c. Not deemed “resigned” but entitled to additional backwages or
separation pay
d. Not deemed “resigned” but not entitled to additional backwages or
separation pay

230.Is submission of additional evidence before the NLRC on appeal

prohibited?

a. Yes, additional evidence before the NLRC on appeal is prohibited

b. No, additional evidence before the NLRC on appeal is not prohibited
c. Yes,additional evidence before the NLRC is prohibited unless it is a
material evidence
d. The judge has the sole discretion if he will accept the additional evidence

231.Which of the following statement regarding estoppel on change of theory

is TRUE
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 Statement I: Estoppel does not bars change of theory
Statement II: Estoppel bars change of theory based on abuse of discretion
Statement III: Estoppel bars change of theory based on lack of jurisdiction

a.I
b.II
c.III
d.Both II and III

232. How many days is the fresh period from denial of motion for
reconsideration?

A.10 days
B.15 days
C.20 days
D.60 days

233. How many days shall the NLRC decide on Labor cases?

A. 10 days
B.15 days
C.20 days
D.60 days

234. When is a case or matter is deemed submitted for decision or

resolution?

a.Upon filing of the first pleading

b.Upon filing of the last pleading
c.Upon submission of additional evidence
d.Upon last submission of additional evidence

235.Which of the following statements regarding the manner by which the

employer complies with the order of immediate reinstatement pending appeal or the
promptness of its compliance is TRUE?

Statement I: The manner by which the employer complies with the order of
immediate reinstatement pending appeal or the promptness of its compliance is
material because it is the reckoning point of the accrued reinstatement wages.

Statement II: The manner by which the employer complies with the order of
immediate reinstatement pending appeal or the promptness of its compliance is
material because it could affect the case.

Statement III: The manner by which the employer complies with the order of
immediate reinstatement pending appeal or the promptness of its compliance is
immaterial.

a.I
b.II
c.III
d.All are false

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 236.Upon whom the Commission or the Labor Arbiter shall impose
reasonable penalty, including fines or censures?

a.Errant parties
b.Their Counsels
c.Both A and B
d.No one

237.Rule 65 states that where a motion for reconsideration or new trial is

timely filed, whether such motion is required or not, the petition should be filed not
later than

a.10 days
b.15 days
c.20 days
d.60 days

238.Which of the following statements regarding new evidence is FALSE:

Statement I: New evidence may not be presented for the first time on appeal
with the NLRC

Statement II: New evidence may not be presented for the first time on appeal
with the NLRC

Statement III: New evidence may not be presented for the first time on
appeal with the NLRC

a.I
b.II
c.III
d.Both I and II

239.Which of the following statements regarding writ of execution is TRUE

Statement I: A writ of execution is necessary to effectuate the reinstatement

if such reinstatement is ordered not by the Labor arbiter but subsequently by the
NLRC on appeal.

Statement II: A writ of execution is necessary to effectuate the reinstatement

if such reinstatement is ordered not by the Court of Appeals but subsequently by
the NLRC on appeal.

Statement III: A writ of execution is necessary to effectuate the reinstatement

if such reinstatement is ordered not by the NLRC but subsequently by the Labor
Arbiter on appeal.

a.I
b.II
c.III
d.All are false

240.Which of the following statements regarding actually-reinstated and

payroll-reinstated employee is TRUE

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 Statement I: Only actually-reinstated employee is entitled to reinstatement
wages plus other benefits.

Statement II: Only payroll-reinstated employee is entitled to reinstatement

wages plus other benefits.

Statement III: Both actually-reinstated and payroll-reinstated employee is

entitled to reinstatement wages but not to other benefits.

a.I
b.II
c.III
d.All are false

241.) A decision or order may be executed on mere motion within how many
years from the date it becomes final and executory?

A. 1 year
B. 3 years
C. 5 years
D.6 years

242.) Who has the jurisdiction over actions for revival of judgement?

A. POEA
B. DOLE
C. CA
D. NLRC

243.) In case a motion to lift Entry of judgement is filed, the execution

proceedings should __________ and the records of the case should not be suspended
and the records of the case should not be elevated to the Commission unless ordered
otherwise.

A. should not be suspended

B. should be suspended
C. should be elevated
D. should not be elevated

244.) In case of decisions, resolutions or orders of the Commission, absent

and return cards, certifications from the post office or the courier authorized by the
Commissions or other proofs of service to the parties, it is presumed that the same
had become final and executory after how many calendar days?

A. 30 calendar days
B. 60 calendar days
C. 120 calendar days
D. 50 calendar days

245.) Who is tasked to serve the writ of execution upon the employer or any
other person required by law to obey the same and to submit a report not later than
10 working days from the receipt of the same.

A. Sheriff
B. Labor Arbiter
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 C. Secretary of Labor
D. CA

246.) Who should immediately issue a writ of execution for employers who
disobeys the immediate reinstatement directive rules under the Rules, or refuses to
reinstate the dismissed employee?

A. Sheriff
B. Labor Arbiter
C. Secretary of labor
D. CA

247.) Where should the questions relative to the enforcement of a writ of

execution be referred to?

A. Sheriff
B. Secretary of Labor
C. Commission or Labor Arbiter who issued it for resolution
D. Commission or Sheriff who issued it for resolution

248.) By virtue of an amendment to the 2011 NLRC Rules and Procedure,

can the losing party order to appear and be examined concerning his/her property
and income before the Labor Arbiter, when the return of a writ of execution issued
against the losing party shows that the judgement remains unsatisfied, in whole or
in part?

A. YES
B. NO
C. both is incorrect
D. None of the above

249.) Writ of execution should be served at any day except?

A. Saturdays, Sundays, Sundays and holidays, between 8 hours in the morning
and 5 in the afternoon.

B. Saturdays, Sundays, Sundays and holidays, between 10 hours in the morning

and 5 in the afternoon.
C. Saturdays, Sundays, Sundays and holidays, between 7 hours in the morning
and 5 in the afternoon.
D. None of the above

250.) Who should conduct a raffle purposes of assigning writs of execution to

the Sheriff/s?

A. Commission or Labor Arbiters in coordination with the Legal Department or

CA
B. Commission or Labor Arbiters in coordination with the Legal Department or
Sheriff
C. Commission or Labor Arbiters in coordination with the Legal Department or
Executive Arbiter
D. None of the above

251.) How is the Enforcement in the Writ of Execution Done?

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 A. In executing a decision, resolution or order, the sheriff or other authorized
officer acting as Sheriff of the Commission, is required to serve the writ within 120 days
from the receipt of the same, subject to the requirements of the Rules.
B. In executing a decision, resolution or order, the sheriff or other authorized
officer acting as Sheriff of the Commission, is required to serve the writ within 60 days
from the receipt of the same, subject to the requirements of the Rules.
C. In executing a decision, resolution or order, the sheriff or other authorized
officer acting as Sheriff of the Commission, is required to serve the writ within 30 days
from the receipt of the same, subject to the requirements of the Rules.
D. In executing a decision, resolution or order, the sheriff or other authorized
officer acting as Sheriff of the Commission, is required to serve the writ within 3 days
from the receipt of the same, subject to the requirements of the Rules.

252.) In the Execution of Monetary Judgements, does the decision must state
the detailed amount of monetary award?

A. YES
B. NO

253.) The manner of execution for monetary judgement in cases involving

OFWs should be governed by and in accordance with ________?

A. R.A 10033
B. R.A 10022
C. R.A 10044
D. R.A 10055

254.) Where should the proceeds of execution shall be deposited?

A. Treasurer of the concerned Division or Regional Arbitration Branch of the

NLRC.
B. President of the concerned Division or Regional Arbitration Branch of the
NLRC.
C. Cashier of the concerned Division or Regional Arbitration Branch of the
NLRC.
D. Secretary of the concerned Division or Regional Arbitration Branch of the
NLRC.

255.) What happens when it is stressed that the parties are not precluded
from enetering into an agreement to defer or suspend the enforcement of a
judgement?
A. Such agreement does not interrupt the period of limitation.
B. The agreement is not valid.
C. Such agreement effectively interrupts the period of limitation.
D. The agreement is valid.

256.) Who is required to establish a foreign employers guarantee fund which

is answerable to the workers monetary claims arising from breach of contractual
obligations?

A. DOLE
B. NLRC
C. Secretary of Labor
D. POEA

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 257.) The awards or decision of Voluntary Arbitrators of Panel of Voluntary
Arbitrators becomes final and executory after how many calendar days from
receipt of a copy thereof by the parties?

A. 10 calendar days
B. 20 calendar days
C. 30 calendar days
D. 60 calendar days

258.) In the different rule for rehires, name hires and direct hires, who is
mandated to provide migrant workers adequate legal assistance, including
conciliation and mediation services, whether at home or abroad?

A. DOLE
B. NLRC
C. Labor Arbiter
D. POEA

259.) May legal interest be belatedly awarded for the first time after the
finality of judgement and during its execution even if no legal interest was expressly
granted therein before it became final and executory?

A. The answer to this poser is in the negative

B. The answer to this poser is in the dissenting
C. The answer to this poser is in the affirmative
D. None of the above

260.) The government’s accountant in labor cases is the _______. It is

responsible for computing monetary awards in accordance with official guidelines.

A. Research and Information Unit of the DOLE

B. Research and Information Unit of the POEA
C. Research and Information Unit of the NLRC
D. None of the above

261. Which agency has jurisdiction over actions for revival of Judgment?
a. DOLE
b. NLRC
c. OWWA
d. RTC

262. Parties are precluded from entering into an agreement to defer or

suspend the enforcement of a judgment. Such agreement effectively interrupts the
period of limitation.
a. True
b. False

263. In case a motion to lift Entry of Judgment is filed, the execution

proceedings should not be suspended and the records of the case should not be
elevated to the Commission unless ordered otherwise.
a. True
b. False

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 264. The following are effects of filing of Petition for Certiorari on Execution,
except:
a. Execution may be made during pendency of Certiorari petition unless
there is a TRO
b. Presumption of finality upon lapse of 60 calendar days
c. Decision of the NLRC not final during the pendency of a petition
d. None of the above
265. Where reversal judgment of the CA is reversed by the Supreme Court,
the execution proceedings should commence upon presentation of:
a. Certified True Copy of the Decision
b. Entry of Judgment
c. Certified True Copy of Decision and Entry of Judgment
d. Original Copy of the Decision

266. Under RA 19142, the issuance by the RTC of a stay or suspension order
in the rehabilitation will
I. Suspend all actions or proceedings, in court or otherwise, for the
enforcement of claims against the debtor
Ii. Suspend all actions to enforce any judgment, attachment or other
provisional remedies against the debtor

a. Statement i is correct
b. Statement ii is correct
c. Both statement is correct
d. Both statement is incorrect
267. In executing a decision, resolution or order, the Sheriff or other
authorized officer acting as Sheriff of the Commission, is required to serve the writ
within ____ from the receipt.
a. 3 days
b. 5 days
c. 10 days
d. 15 days

268. As a general rule, a Writ of execution should be served at any day,

except Saturdays, Sundays, and holidays, between the hours of 8 in the morning and
5 in the afternoon.
a. True
b. False

269. In the issuance of a Writ of Execution, If, by nature of the losing party’s
business, it requires the implementation of the same beyond the period provided
herein, a __________ must be secured by the Sheriff or duly designated officer from
the Commission or Labor Arbiter who issued the writ.
a. Certified True Copy of Judgment
b. Written Authorization
c. Writ for Appropriate Action
d. Certificate of Finality

270. _____ means that the reckoning of back wages is pegged as of the time
the rulings were rendered.
a. Time-bound
b. Back pay
c. Void Rule
d. Retention wages

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 271. The new rate of the legal interest during execution of judgment and is
applied from July 1,2013 and onwards shall be _____.
a. 12%
b. 10%
c. 6%
d. 3%

272. The Sheriff cannot enforce a monetary judgment by demanding the

immediate payment of the full amount stated in the writ of execution and all legal
fees from the losing party or any other person required by law to obey the same.
a. True
b. False
273. Payment in the form of check shall be in the name of ___________.
a. Prevailing Party
b. Cashier of the NLRC
c. Executive Labor Arbiter
d. Commission

274. A losing party or other person may be compelled to attend before the
Labor Arbiter for the purpose of testifying on his property or income by means of
______.
a. Subpoena
b. Summon
c. Warrant
d. Detention

275. The proceeds of Execution may be deposited to the following except:

a. Regional Arbitration Branch of the NLRC
b. Authorized depository bank
c. Commission
d. None of the above

276. ________ refers to the act by the Sheriff or duly designated officer, of
taking possession, actual or constructive, of sufficient property of the losing party or
of the appeal bond posted by the latter to satisfy the decision, order or award.
a. Levy
b. Garnishment
c. Pactum Commisorium
d. Custodia Legis

277. It is the levy of money, goods or chattels and/or an interest thereon,

belonging or owing to the losing party in the possession or control of a third party.
a. Custodia Legis
b. Pactum Commisorium
c. Garnishment
d. Levy

278. The duty of the Labor Arbiter to release the garnished money to the
employee who won the case with finality is discretionary.
a. True
b. False
279. Real property sold or any party thereof separately, may be redeemed by
the following persons:
a. Losing party
b. Successor-in-interest
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 c. Redemptioner
d. All of the above

280. Which among the statements are correct?

I. Written notice of any redemption must be given to the Sheriff who
made the sale
II. In all cases, the Sheriff should immediately transmit the written
notice of redemption, including the proof submitted by the redemptioner to the
Commission or the Labor Arbiter
III. A property so redeemed cannot be redeemed if within 60 days after
last redemption
IV. The period of redemption shall be 365 days.

a. Statement I and III are correct

b. Statement II and IV are correct
c. Statement I and II are correct
d. Statement III and IV are correct
281. What is effected by the Sheriff or authorized by serving a notice thereof
to the party who has possession or control of such money, goods chattels and/or any
interest therein belonging or owing to the losing party?
a. Levy
b. Garnishment
c. Charge
d. Tax
282. The ________ on execution creates, at the same time of the levy, a lien in
favor of the prevailing party over the right, title or interest of the losing party in
such property.
a. Levy
b. Garnishment
c. Charge
d. Tax
283. Real property sold or any part thereof separately, may be redeemed by
the following parties/persons, except:
a. The losing party
b. Creditor
c. Successor-in-interest of the losing party
d. Successor-in-interest of the Creditor
284. A redemptioner should produce and serve to the Sheriff, a notice of
redemption accompanied by the following, except:
a. A certified true copy of the judgment or final order
b. A certified true copy of any deed of assignment
c. An affidavit of sale
d. An affidavit showing the amount then actually due on the lien

285. What is the period of redemption?

a. 3 months from the date of registration of sale
b. 6 months from the date of registration of sale
c. 12 months or 1 year from the date of registration of sale
d. 24 months or 2 years from the date of registration of sale
286. Where the third-party claim should be filed?
a. SOLE
b. Voluntary Arbitration
c. DOLE
d. Labor Arbiter

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 287. The _________ may require the posting of additional bond upon
showing by the other party that the bond is insufficient
a. Judge
b. Sheriff
c. Labor Arbiter
d. Creditor
288. An act committed out of the presence of the DOLE Secretary and at a
distance that tends to belittle, degrade, obstruct, interrupt, prevent or embarrass
the Secretary in the administration of justice is:
a. Direct contempt
b. Indirect contempt
c. Person guilty of misbehavior
d. Both letter a and b

289. Which of the following is NOT a mandate of the Bureau of Labor

Relations?
a. Formulate and implement programs that strengthen trade unionism to
achieve industrial peace
b. Act as lead agency in workers and employer’s education
c. Act as regional registry of unions and CBAs
d. Promote bipartism and tripartism
290. An officer in the DOLE Regional Office or in the BLR authorized to
hear and decide representation cases, inter-union or intra-union disputes and other
related labor relations disputes.
a. BLR Director
b. DOLE Regional Directors
c. none of those mentioned
d. Med-Arbiters
291. The following are the general classifications of cases falling under the
jurisdiction of the BLR Director, DOLE Regional Directors and the Med-Arbiter,
except ONE:
a. Inter-union disputes
b. Intra-union disputes
c. Administrative disputes
d. Other related labor relations disputes
292. It is a case occurring or carried on between or among unions.
a. Inter-union disputes
b. Intra-union disputes
c. Administrative disputes
d. Other related labor relations disputes
293. The following are considered “other related labor relations dispute”,
except ONE.
a. A conflict between a labor union and an employer
b. A petition for interpleader involving labor relations
c. A conflict between a labor union and an individual who is not a member
of such union
d. None of the above
294. In a conflict between a labor union and a group that is not a labor
organization, when one of the contending parties is a group which is not a legitime
labor organization, the dispute is legally determined to be as a:
a. Inter-union dispute
b. Intra-union dispute
c. Other related labor relations dispute
d. None of the above

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 295. A petition to cancel the registration of a labor union or worker’s
association which is initiated by its officers and/or members is considered as:
a. Inter-union dispute
b. Intra-union dispute
c. Other related labor relations dispute
d. None of the above
296. The following cases falls under the original and exclusive jurisdiction of
the Med-Arbiters except ONE:
a. Intra-union disputes
b. Injunction cases
c. Contempt cases
d. None of the above
297. The request for examination of books of accounts that fall under the
jurisdiction of the BLR Director involves the following, except ONE.
a. Federations
b. National Unions
c. Industry Unions
d. Independent Unions
298. In application for union registration of independent unions, local
chapters, and workers’ association, which of the following statements are false?
a. If a workers’ association operate in more than one region the application
for registration should be filed with the BLR
b. If a workers’ association operate in more than one region the application
for registration should be filed with the Regional Offices of the BLR.
c. If a workers’ association operate in more than one region the process of
the application for registration should by the BLR
d. The processing by the BLR of the application for registration is in order to
have the resolution of the merits of the application by two agencies.
299. When the request for SEBA Certification is made in an unorganized
establishment with only ___ legitimate union, it should be filed with the DOLE
Regional Director.
a. 4
b. 2
c. 1
d. 9

300. When will the Regional Director refer the request for SEBA
Certification to the Mediator- Arbiter?
a. The request is made in an unorganized establishment with only 1
legitimate union
b. The request is made in an organized establishment with no legitimate
union
c. The request is made in an unorganized establishment with only 4
legitimate unions
d. The request is made in an organized establishment with more than 1
legitimate union
301. Statement 1 - Complaints and petitions involving the application for
registration, revocation or cancellation of registration of federations, national
unions, industry unions, trade union centers and their local chapters/ chartered
locals, affiliates and member organizations fall under the original jurisdiction of the
Bureau of Labor Relations Director.

Statement 2 - Contempt cases fall within the original and appellate

jurisdiction of the Bureau of Labor Relations Director.

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

302. Which among the following is not appealable to the Bureau of Labor
Relations Director?
a. Intra-union disputes
b. Inter-union disputes
c. Injunction cases
d. Contempt cases

303. A _____________ is a contract whereby the parties, by making

reciprocal concessions, avoid litigation or put an end to one already commenced.

a. Collective Bargaining Agreement

b. Memorandum of Agreement
c. Compromise Agreement
d. None of the above

304. The decision of the Bureau of Labor Relations Director or DOLE

Secretary in appealed cases becomes final and executory after __________ from
receipt thereof by the parties, unless a motion for its reconsideration is filed by any
party within the same period.

a. 5 calendar days
b. 10 calendar days
c. 15 calendar days
d. 20 calendar days

305. Statement 1 – The decision of the Bureau of Labor Relations Director, in

the exercise of his appellate jurisdiction, is immediately executory upon issuance of
an entry of final judgement.

Statement 2 – The decision of the Bureau of Labor Relations Director, in the

exercise of his original jurisdiction, is automatically pending appeal with the DOLE
Secretary.

a. Only Statement 1 is true

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

306. The Med-Arbiter may, upon his own initiative or on motion of any
interested party, issue a writ of execution on a judgement within _______ from the
date it becomes final and executory.

a. 1 year
b. 3 years
c. 5 years
d. 10 years

307. Statement 1 – A compromise agreement, once approved by the court,

does not have the effect and authority of res judicata upon the parties.

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 Statement 2 – A compromise agreement duly entered into by the parties is
considered final and binding upon them and has the force and effect of a judgement
rendered by the labor authority.

a. Only Statement 1 is true

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

308. Statement 1 – A compromise agreement can be entered into by the

parties after the judgement has become final and executory.

Statement 2 – A compromise agreement is entered into only during the

mandatory conciliation and mediation conference held at the initial stage of the
proceedings before the Labor Arbiter.

a. Only Statement 1 is true

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

309. A compromise agreement in which there is a mistake, fraud, violence,

intimidation, undue influence, or falsity of documents is _________.

a. void
b. voidable
c. unenforceable
d. valid

310. A compromise agreement on money claims due to laborers effected by

the union or union official without the specific individual consent of the laborer
concerned is __________.

a. void
b. voidable
c. unenforceable
d. valid

311. A compromise agreement entered into by the parties in the absence of a

counsel is __________.

a. void
b. voidable
c. unenforceable
d. valid

312. Statement 1 - The DOLE Secretary has jurisdiction over decisions of the
Bureau of Labor Relations Director rendered in the exercise of his appellate
jurisdiction over decisions made by Med-Arbiters.

Statement 2 - The DOLE Secretary has no jurisdiction over decisions of the

DOLE Regional Directors in the exercise of their respective original and exclusive
jurisdictions.

a. Only Statement 1 is true

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

313. Statement 1 – The order granting the conduct of a certification election

in an unorganized establishment is subject to appeal to the DOLE Secretary.

Statement 2 - The order granting the conduct of a certification election in an

organized establishment is not subject to appeal to the DOLE Secretary.

a. Only Statement 1 is true

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

314. The following cases are appealable to the Bureau of Labor Relations
Director, except:

a. Denial of applications for union registration of independent unions, local

chapters and workers’ associations
b. Petition for certification election, consent election, run-off election or re-
run election
c. Petition for denial of registration of single-enterprise CBAs or denial of
petition deregistration thereof
d. Notice of merger, consolidation, affiliation and change of name of
independent unions, local chapters and workers’ associations and or petition for denial
thereof

315. The following cases are not appealable to the Bureau of Labor Relations
Director, except:

a. Occupational safety and health violations

b. Complaints for license suspension or cancellation of private recruitment
and placement agencies (PRPAs) by reason of administrative offenses
c. Visitorial inspection cases under Article 127
d. Revocation or cancellation of registration of independent unions, local
chapters and workers’ associations

316. Statement 1 – The denial by the Regional Director of the registration of

single-enterprise CBAs or their deregistration may be appealed to the DOLE
Secretary.

Statement 2 - The denial by the Bureau of Labor Relations Director of the

registration of multi-employer CBAs or their deregistration may be appealed to the
DOLE Secretary.
a. Only Statement 1 is true
b. Only Statement 2 is true
c. Both Statement 1 and 2 are true
d. Both Statement 1 and 2 are false

317. Which among the following administrative functions does the Bureau of
Labor Relations and the Labor Relations Divisions in the DOLE Regional Offices
have concurrent jurisdiction?

a. Registration and keeping of registry of labor unions

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 b. Maintenance and custody of the files of CBAs and other related
agreements
c. Records of settlement of labor disputes and copies of decisions of
Voluntary Arbitrators
d. All of the above

318. Statement 1 – Any legitimate labor organization or member(s) thereof

especially concerned may file a complaint or petition involving an inter-union
dispute or issue.

Statement 2 - A legitimate labor organization, a federation or national union

or an employer may file a petition involving an intra-union or representation/
certification election case.

a. Only Statement 1 is true

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

319. Statement 1 – In intra-union disputes where the issue involves the entire
membership of the labor organization, the complaint or petition is required to be
supported by at least 30% of its members.

Statement 2 – The assent of 30% of all the members is mandatory in a report

of a violation of any of the rights and conditions of membership in a labor
organization.

a. Only Statement 1 is true

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

320. The parties may file their pleadings, including their respective position
papers, within the _______ period prescribed for the conduct of hearings in
proceedings before Med-Arbiters, DOLE Regional Directors and Bureau of Labor
Relations Director in the exercise of their original and exclusive jurisdiction.

a. 15-day
b. 20-day
c. 25-day
d. 30-day

321. It is the period when the CBA negotiation must commence after
a union has been certified as SEBA?

a. Certification rule
b. SEBA certification
c. Certification bar rule
d. Both a and b

322. The effect of failure to commence CBA negotiation within

oneyear period are the following:

a. The employer may refuse to bargain collectively with the SEBA?

b. A new PCE may be filed
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 c. Both statements are true
d. Both statements are false
323. The interruption of the running of the 1 year period is
__________?
a. Shall be dismissed for being untimely
b. Is deemed suspended
c. Is deemed suspended until the decision on judgment
d. Is deemed suspended until the decision on appeal and become final and
executory

324. It refers to a situation when there is a failure in collective

bargaining negotiations between SEBA and employer resulting in an impasses or
skelemate?
a. Irrebuttable presumptions of majority
b. Collective bargaining deadlock
c. Privilege communication
d. Single entry approach

325. The privilege communication rule are the following except:

a. It should not apply to conciliation proceeedings
b. The invocation should not only be confined to proceedings before LA and
NLRC
c. It implements RA 10396
d. Prohibitions mentions only conciliators and similar officials

326. I. Labor Organization is a group of employees formed for the

purposes of representing those employees with the employer as to the terms of a
collective contract of employment.

II. A legitimate labor organization has a purpose of collective bargaining.

a. Both statements are true

b. Both statements are false
c. Only I is true
d. Only II is true

327. A ______ refers to a labor organization operating at the

enterprise level which acquired legal personality through independent registration?

a. Independent union
b. Labor organization
c. Labor standards
d. Labor relations

328. Where to file an application for independent union?

a. Dole regional office
b. Labor arbiter
c. NLRC
d. SEBA

329. Registration requirement for independent union are the ff.

except one:
a. Name of applicant labor union
b. Annual financial reports
c. Minutes of organizational meetings
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 d. Age of the members

330. It is any group of registered national unions or federation

organized for the mutual aid and protection of its members for assisting of such
members in collective bargaining or participating in the formulation of social and
employment policy, standards, program, and it is duly registered with BLR?

a. Trade union center

b. Independent union
c. Local union
d. Labor organization

331. Organizations which may register as legitimate labor

organizations are as follows except:

a. National union
b. Federation
c. Trade union center
d. Labor union

332. Examples of workers association are the following except:

a. OFW
b. PWD
c. Displaced workers
d. Business tycoons

333. A legitimate association is duly registered with the BLR of

_____?

a. DOLE
b. SEBA
c. NLRC
d. LA

334. I. registration refers to the process of determining whether the

application for registration of labor organization or workers association complies
with the documentary requirements for registration.
II. labor organization has a purpose for collective bargaining and dealing
with the employer.

a. I is correct
b. II is correct
c. Both statements are correct
d. Both statements are false

335. How many percent are required for membership in independent

union?

a. 30%
b. 20%
c. 10%
d. 50%
336. The modes of creating labor organizations are?

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 a. Labor union and registration
b. Trade union and independent union
c. Independent registration and chartering of local chapter
d. Labor organization and labor union

337. Other kinds of organization that are required to register are:

a. Local chapter
b. Workers association
c. Government employees
d. Federation

338. It refers to an association of workers organized for the mutual

aid and protection of its members or for any legitimate purpose other than
collective bargaining?

a. Workers association
b. OFW association
c. Jeepneys association
d. Bus operators

339. The requirement for registration is mandatory in character.

a. True
b. False

340. Labor organization has two purposes which are the collective
bargaining and union organization?

a. True
b. False

341. In Certification Year Bar Rule, when does the “1-year certification year
bar” be reckoned or be counted from?

a. From the date of the conduct of valid certification.

b. From the date of consent of parties
c. From the date after the run-off or re-run election
d. From the date of issuance of certification as Sole and Exclusive Bargaining
Agent (SEBA).

342. What are the effects of failure to commence CBA Negotiation within the
1-year period in the certification year bar?

a. A new petition for certification election (PCE) may be filed and the employer
may refuse to bargain collectively with the SEBA.
b. The original petition for certification election (PCE) should be refiled and the
employer may refuse to bargain collectively with the SEBA
c. A new petition for certification election (PCE) may be filed and the SEBA may
refuse to bargain collectively with the employer.
d. The original petition for certification election (PCE) should be refiled and the
SEBA must be changed.

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 343. What doctrine states that while the 1-year period under the certification
year bar rule is absolutely "irrebuttable,“ the 5-year term of the CBA is not
conclusive and absolute?

a. Refutable Majority Doctrine

b. Rebuttable Presumption of Majority
c. Inconclusive Majority Doctrine
d. Countervailing Presumption of Majority

344. What do you call the situation where there is a failure in the collective
bargaining negotiations between the SEBA and the employer resulting in an
impasse or stalemate?

a. Negotiations bar deadlock

b. Collective negotiations deadlock
c. Bargaining bar deadlock
d. Collective bargaining deadlock

345. When does the Bargaining Deadlock Bar Rule apply?

a. In any circumstances between parties.

b. Only if there is an actual deadlock.
c. Even if there is no actual deadlock, if the circumstances are similar to a
deadlock.
d. Right after the 15-day or 30-day cooling off period.

346. What is the nature of the information and statements made at

conciliation proceedings which shall not be used as evidence under Article 239 of the
Labor Code?

a. Confidential communication
b. Privileged communication
c. Absolute confidential communication
d. Absolute privileged communication

347. Which of the following is not a reason as to why a labor union is

principally organized?

a. Secure better working conditions of its members

b. Advancing members’ interest in the areas of wages and other terms of
employment
c. To improve relations of members to their employer
d. Promoting the advancement and benefit of the employer only.

348. What is technically defined as any labor organization in the private

sector organized for collective bargaining and for other legitimate purposes?

a. Union
b. Bargaining Unit
c. Legitimate Bargaining Organization
d. Bargaining Union

349. What refers to any labor organization in the private sector registered or
reported with the DOLE, in accordance with the Labor Code and its implementing
rules which includes any branch or local thereof'?
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 a. Union
b. Labor organization
c. Labor Union
d. legitimate labor organization

350. What are the two (2) basic purposes of a labor organization?

a. for collective bargaining; and for dealing with the employer

b. for collective bargaining; and for dealing with the employee
c. for collective bargaining; and for dealing with the union
d. for collective bargaining; and for dealing with the legitimate labor organization

351. What is the process of determining whether the application for

registration of a labor organization or workers' association complies with the
documentary requirements for registration prescribed in the law?

a. Recording
b. Registration
c. Application
d. Cataloging

352. What is the organization referring to any group of registered national

unions or federations organized for the mutual aid and protection of its members,
for assisting such members in collective bargaining, or for participating in the
formulation of social and employment policies, standards and programs, and is duly
registered with the BLR?

a. Industry Union
b. Trade labor center
c. Independent Union
d. Trade union center

353. What is the organization referring to a labor organization operating at

the enterprise level which acquired legal personality through independent
registration under Article 240 (234] of the Labor Code and its Implementing Rules?

a. Industry Union
b. Trade labor center
c. Independent Union
d. Trade union center

354. During registration of an organization, the 20% membership

requirement applies only to which organization?

a. Industry Union
b. Independent Union
c. Trade labor center
d. Trade union center

355. What is the process where a labor organization absorbs another union
resulting in the cessation of the absorbed labor organization's existence and the
continued existence of the absorbing labor organization?

a. Consolidation
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 b. Absorption
c. Immersion
d. Merger

356. What refers to the creation or formation of a new union arising from the
unification of two or more unions?

a. Consolidation
b. Absorption
c. Immersion
d. Merger

357. The following unions may merge and consolidate, except?

a. Trade union center

b. Independent Labor Union
c. Federations
d. Workers’ association

358. What refers to an association of workers organized for the mutual aid
and protection of its members or for any legitimate purpose other than collective
bargaining?

a. Trade union center

b. Independent Labor Union
c. Workers’ federations
d. Workers’ association

359. The 20% membership requirement is not applicable to chartering of

what organization?

a. Local chapter/chartered local

b. Independent Union
c. Both A & B
d. None of the above

360. The following labor organizations are empowered by law, to create such
local chapter / chartered local through the process of chartering, except?

a. Federation
b. National union
c. Trade union center
d. Both a & b

361. When does a duly constituted local or chapter acquire legal personality?

a. Upon the issuance of the certificate of registration

b. Upon filing of the complete documents with the BLR
c. Upon issuance of certificate of creation of chartered local
d. None of the above

362. When does an independent union acquire legal personality?

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 a. Upon issuance of the certificate of registration
b. Upon filing of the complete documents with the BLR
c. Upon issuance of certificate of creation of chartered local
d. None of the above

363. The Bureau shall act on all applications for registration within ___ days
from filing:

a. 10
b. 15
c. 20
d. 30

364. All requisite documents and papers for the application for registration
shall be:

a. Certified by oath by the Secretary or the Treasurer, as the case may be

b. Certified by oath by the President
c. Certified by oath by the Secretary or the Treasurer, as the case may be,
and attested to by the its President
d. Certified by oath by the Secretary or the Treasurer, as the case may be, or
attested to by the its President

365. The following are the kinds of application for registration contemplated
under Article 242 [235], except:

a. Affiliation
b. Trade Union Center
c. Federation, national union and industry union
d. Workers’ union

366. The proper remedy/ies in case of refusal to register a union is/are:

a. Writ of mandamus
b. Writ of certiorari
c. Both A and B
d. None of the above

367. The decision of the Labor Relations Division in the regional office
denying registration may be appealed by the applicant union to the Bureau within
__ days from receipt of notice thereof:

a. 10
b. 15
c. 20
d. 30

368. What is the nature of the relationship of the mother union and affiliate
union?

a. Employer-employee relationship
b. Agent-principal relationship
c. Parent-affiliate relationship

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 d. All of the above

369. In case of an illegal strike, who is/are liable for damages?

a. Local union
b. Mother union
c. It depends
d. Both local and mother union

370. Which of the following statements is not correct?

a. The right of the local union to exercise the right to disaffiliate from its
union is well settled in this jurisdiction
b. The local union may sever its relationship with its parent union at any
time. This is absolute.
c. Disaffiliation is not an act of disloyalty that warrants expulsion from the
union.
d. Legal personality of affiliate union not divested by the disaffiliation

371. Which of the following statements is correct?

a. Disaffiliation divests the affiliate union of its own legal personality

b. Disaffiliation is an act of disloyalty that warrants expulsion from the union
c. Disaffiliation is valid even if there has been a failure to observe certain
procedural requirements for a valid disaffiliation.
d. None of the above

372. Which of the following statements is/are correct?

a. Disaffiliation does not disturb the enforceability and administration of an

existing CBA
b. Disaffiliation does not occasion a change in administration of the contract
nor even an amendment of the provisions thereof.
c. The CBA continues to bind the members of the new or disaffiliated and
independent union up to the CBA’s expiration date
d. All of the above

373. Disaffiliation from a federation ….

a. Results in the termination of the status of the affiliate union’s members as

employees
b. Results in the suspension of the affiliate union’s members
c. Does not result in the termination of the status of the affiliate union’s
members as employees
d. Does not result in the suspension of the affiliate union’s members

374. What is the nature of the issue of disaffiliation?

a. Inter-union
b. Intra-union
c. Either inter-union or intra-union
d. Neither inter-union nor intra-union

375. Who has jurisdiction as to whether disaffiliation be treated as intra or

inter-union?
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 a. Labor Arbiter
b. Med-Arbiter of the BLR
c. Regional Director of the DOLE
d. Any of the above

376. Cancellation of the registration of any legitimate independent labor

union, local chapter/chartered local and workers’ association or federation, national
union, industry union and trade union center may be cancelled by and through the
following, except:

a. Petition for revocation or cancellation of union registration

b. Application for voluntary dissolution filed by the union itself
c. Application for involuntary dissolution filed by persons other than members or the union
itself
d. None of the above

377. The Regional Director may cancel the registration of the following,
except:

a. Federation
b. Legitimate independent labor union
c. Local chapter/chartered local
d. Workers’ association

378. The BLR Director may cancel the registration of the following, except:

a. Workers’ association
b. National union
c. Industry union
d. Trade union center

379. What is the effect of a Petition for Cancellation of Registration?

a. Suspend the proceedings for certification election

b. Prevent the filing of a petition for certification election
c. Either A or B
d. Neither A nor B

380. What are the grounds for cancellation of union registration?

a. Misrepresentation, false statement or fraud in connection with the

adoption or ratification of the constitution and by-laws or amendments thereto, the
minutes of ratification and the list of members who took part in the
ratification
b. Misrepresentation, false statement or frau in connection with the election
of officers, minutes of the election of officers and the list of voters
c. Voluntary dissolution by the members
d. All of the above

381. Which of the following statements are grounds that are no longer
considered as valid grounds to cancel the registration of unions?

I. Failure to submit a list of individual members to the BLR once a year or

whenever required by the same.
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 II. Asking for or accepting attorney's fees or negotiation fees from
employers.
III. Voluntary dissolution by the members.
IV. Misrepresentation, false statement or fraud in connection with the
election of officers, minutes of the election of officers and the list of votes.

A. I and II
B. II and III
C. III and IV
D. IV and I

382. Which of the following is the additional ground to cancel the registration
of unions?

A. Failure to submit the annual financial report to the BLR within 30 days after
the closing of every fiscal year.
B. Entering into a CBA which provide terms and conditions of employment
below minimum standards established by law.
C. Violation of rights and conditions of membership in a labor organization
under Art. 250 (241).
D. None of the above.

383. It refers to the fixed period of 5 years during which the duly elected
officers of a labor organization discharge the functions of their office, unless a
shorter period stipulated in the organization's constitution and by-laws.

A. Fixed period of office

B. Term of office
C. Time of office
D. None of the above.

384. The following are the requisites that must be complied with in order for
special assessments for the union's incidental expenses, attorney's fees and
representation expenses to be valid and uphold, except:

A. Authorization by a written resolution of the majority of all the members at

a general membership meeting duly called for the purpose.
B. Secretary's record of the minutes of said meeting.
C. Individual written authorizations for check-off duly signed by the
employees concerned.
D. Check-off for union service fees authorized by law.

385. It was suggested in one case that the following alternative remedies in
regard to the proper disposition of the illegally collected union dues, except:

A. It must be filed with the BLR to correct the violation.

B. It must be refunded to the union members.
C. It must be held in trust for disposition by them in accordance with
their charter and rules.
D. It must be credited accordingly in favor of the respective members
either for their future legal dues or other assessments or even
delinquencies.

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 386. Which of the following statements is a valid ground for expulsion of
union officers?

A. Asking for or accepting attorney's fees or negotiation fees from

employers.
B. Voluntary dissolution by the members.
C. Violation of the rights and conditions of membership in a labor
organization.
D. Conviction of a crime involving moral turpitude.

387. It refers to a union member who has fulfilled all the requirements for
joining the union, such as payment of union dues, and who has not voluntarily
withdrawn from membership, been expelled, or suspended from the union.

A. Membership in Good Faith

B. Membership in Good Standing
C. Eligible member
D. Membership in a subservisive organization

388. Who has the right to vote in a union election?

A. Union members and non-union members

B. Union members only
C. Union officers only
D. Union officers and non-union members

389. What determines the eligibility to vote?

A. Good standing in the company

B. Payroll and employees status
C. Period of employment
D. None of the above

390. The following are rights to union members under Article 250 (241),
except:

A. Fiscal rights
B. Political rights
C. Right to information
D. Right to vote in open ballot

391. It refers to any labor organization in the private sector registered or

reported with the DOLE, in accordance with the Labor Code and its implementing
rules.

A. Labor Organization
B. Legitimate Labor Organization
C. Legitimate Workers Association
D. Trade Union Federation

392. Under the law, a labor organization once becoming legitimate and,
therefore, a juridical person, has, like a corporation, the right, inter alia:

I. to own real and/or personal property in its own name for its and its members
use and benefit
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 II. to receive on its own name, grants, endowments, gifts, donations and
contributions from fraternal and similar organization, whether local or foreign
III. to undertake all activities designed to benefit it and its members, including
cooperative, housing and welfare and other projects not contrary to law
IV. to prevent funds of the organization from being applied for any purpose or
object other than those expressly provided by the union's constitution and by-laws

A. I, II, and III

B. II, III and IV
C. III, IV and I
D. IV, I and II

393. Under Article 240 (e), for registration purposes, how many copies of the
Constitution and By-laws of the applicant union should be submitted?

A. 4
B. 3
C. 2
D. 1

394. Which of the following statements are true?

I. If the union members are not employees, they do not possess the right to join a
union.
II. A member of the union is not allowed to leave and cancel his membership at
any time.

A. I only
B. II only
C. Both are false
D. Both are true

395. The following are the disqualifications in the election of officers of labor
organizations and workers associations, except:

A. Conviction of a crime involving moral turpitude.

B. Membership in a subversive organization or engaging, directly or
indirectly, in any subversive activity.
C. Violation of the rights and conditions of membership in a labor
organization.
D. Conviction of a crime that involves conduct that is reckless, evil and/
or morally reprehensible.

396. Which of the following is an exception to the rule on the exhaustion of

intra-union remedies?

A. The issue is purely a question of law.

B. The issue is purely a question of facts.
C. Commission of irregularities in the approval of the resolutions
regarding compensation of union members.
D. Where the labor organization's constitution and by-laws do not
provide for the manner by which the said election can be called or
conducted.

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 397. The purpose of this is to elect the officers of the union and is held
pursuant to the union's Constitution. This does not need the intervention of the
DOLE.

A. Certification election
B. Union election
C. Pre-election conference
D. Election of officers

398. What is the proper remedy against errant union officers that committed
acts imputed against the union?

A. Referendum
B. Expulsion
C. Indefinite suspension
D. None of the above

399. In case of non-holding of election, the intervention of the DOLE is

necessary, thus a petition supported by at least 30% of the members of the labor
organization may be filed to compel the conduct of election of their officers. The
following are the circumstance where the DOLE can intervene, except:

A. Where the terms of officers of a labor organization have expired and

its officers failed or neglected to call for an election of new officers.

B. Where the labor organization's constitution and by-laws do not

provide for the manner by which the said election can be called or
conducted.
C. Where the conduct of election officers is an alternative relief or
necessary consequence of a petition for nullification of the election
of officers, impeachment or expulsion of officers, or such other
petition.
D. None of the above.

400. What is the effect if non-members act in participating in the election of

union officers?

A. The vote casted by the non-members shall be null and void.

B. The act of the non-members of joining the election by casting their
vote is an indication of their intention to join the union.
C. The act of voting by the non-members shall render the election null
and void, thus an election will be held again.
D. The act of voting by the non-members shall disqualify them from
becoming a union member, since they represented management.

401. What does “check-off” mean?

a. Method of adding by the employer from the employee’s pay at prescribed periods, any
amount due for fees, fines, or assessments.
b. Method of deducting by the employer from the employee’s pay at
prescribed periods, any amount due for fees, fines, or assessments.
c. It is a bookkeeping mechanism that provides for regular payment of an
obligation such as union dues.
d. To put a check mark on or near or next to.

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 402. Right to check-off is only available to:

a. SEBA
b. Minority union
c. Majority union
d. CBA

403. All the statements regarding the system of check-off are true except:

a. System of check-off primarily for the benefit of SEBA and only indirectly
for the individual employees.
b. Check-off, although an extra burden to the employer, is allowed by law.
c. Employers have the obligation to remit directly to the union whatever it
has checked-off.
d. Check-off is not obligatory on the part of the employer.

404. Submission of report of the secretary of the union or any responsible

officer thereof, on the list of newly-elected officers, together with the appointive
officers or agents who are entrusted with the handling of funds within ___ calendar
days after election of officers or from the occurrence of any change in the list of
officers of the labor organization.

a. 10
b. 15
c. 30
d. 20

405. What is the required number of members for a union to report a

violation?
a. 10%
b. 20%
c. At least 20%
d. At least 30%

406. The decision granting the conduct of audit is:

a. Interlocutory
b. Interim
c. Appealable
d. Not appealable

407. The following are the rights of a Legitimate Labor Organization except:
a. Right to represent members for collective bargaining purposes
b. Right to promulgate rules and regulations
c. Right to request for audited financial statements
d. Right to own property

408. SEBA’s right to represent its members in the negotiations regarding the
terms and conditions of their employment is absolute.
a. Yes

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 b. No
c. Maybe
d. Yes, but with reservations

409. I. The request for copies of the financial statements must be in writing
II. Refusal to furnish the requested information is in itself an ULP
III. If the union failed to put its request in writing, the employer cannot be
held liable for ULP
a. I and II are correct statements
b. II and III are correct statements
c. III is a wrong statement
d. I, II, and III are correct statements

410. The following statements are false except:

a. Union has its own legal personality
b. The action to sue should be brought by all the members
c. The action to sue should be brought in the name of the union president
d. A union has the right to sue for its non-members

411. Income and the properties of a legitimate labor organization, including

grants, endowments, gifts, donations, and contributions it may receive from
fraternal and similar organizations, whether local or foreign, shall be free from
taxes, duties, and assessments provided the same are:
a. Actually used for its lawful purposes
b. Actually and directly used for its lawful purposes
c. Actually, directly and exclusively used for its lawful purposes
d. Actually, directly, exclusively and ultimately used for its lawful purposes

412. Workers associations are established for:

a. Collective bargaining
b. Mutual aid and protection
c. Collective bargaining and mutual aid and protection
d. Unity of members

413. In recognition of the right of employees to self-organization and

collective bargaining the ___ encourages the formation of trade unions in the
construction industry.
a. Management
b. Employer
c. SEBA
d. DOLE

414. What is “trade unions”?

a. Refers to the action of buying and selling goods and services
b. Refers to a combination of workers of the same trade or of several allied
trades, for the purpose of securing by united action, the most favorable conditions
regarding wages, hours of labor and other terms and conditions of employment for its
members
c. Refers to a group created for trade
d. Refers to an organization of workers who have come together to achieve
many common goals

415. Who are the government employees that have the right to self-
organization in the public sector?
a. GOCCs without original charters
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 b. GOCCs with original charters
c. Those employed in civil service
d. GOCCs with and without original charters and those employed in civil
service

416. What is an employees’ organization?

a. Refers to any organization or association of employees in a government
agency.
b. Refers to any organization or association of employees in a private sector.
c. Refers to organization of social workers
d. Refers to organization of religious, educational, and charitable institutions.

417. What is an organizational unit?

a. Refers to the unit where the government employees’ organization seeks to
operate and represent. It is the employer’s unit consisting of rank and file, unless
circumstances otherwise require.
b. Refers to containers within a Microsoft Active Directory domain which
can hold users, groups and computers. It is the smallest unit to which an administrator
can assign Group Policy settings or account permissions.
c. Provides a way of classifying objects located in directories, or names in a
digital certificate hierarchy, typically used either to differentiate between objects with the
same name, or to parcel out authority to create and manage objects.
d. Refers to the place where the organization meets and convenes meetings.

418. The following are not eligible to join employees’ organization except:
a. High level employees
b. Rank and file employees
c. Members of AFP
d. Jail guards

419. I. Activities of employees’ organizations should not prejudice or disrupt

public service
II. Employees’ organizations are allowed to conduct strike
a. I is false statement
b. II is false statement
c. I and II are false statements
d. I and II are true statements

420. Government employees’ organizations are required to register with:

a. CSC
b. DOLE
c. Both CSC and DOLE
d. BLR

421. What are the two conventions relevant to the exercise by workers of
their right to self organization and collective bargaining?

A. ILO Convention No. 87 and ILO Convention No. 89

B. ILO Convention No. 78 and ILO Convention No. 98
C. ILO Convention No. 87 and ILO No. 98

422. Article 253 expressly enunciates that the ___________ of the business of
the employer, that is, whether it is for profit or non-profit, stock or non-stock, is
immaterial in relation to the exercise of the right to self organization of its
employees.
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 A. Name
B. Nature
C. Location

423. An _________ refers to any organization or association of employees in a

government agency.

A. Employees' association
B. Employees' organization
C. Employees' federation

424. An employees' organization is considered registered if it is registered

with?
A. DOLE, CSC and BLR
B. DOLE and OWWA
C. BLR and CSC

425.This refers to the unit where the government employees' organization

seeks to operate and represent.

A. Association unit
B. Organizational unit
C. Unit

426. _____ employees refer to those whose functions are normally considered
as policy-making or managerial or whose duties are of a highly confidential nature.

A. High-risk
B. High-coded
C. High-level

427. This refers to the processing of application for registration of an

employees' organization and the issuance in its favor of the issuance in its favor of
the corresponding Certificate of Registration.

A. Registration
B. Application
C. Registration Application

428.A petition for certification election may be filed by any of the following:

A. Employer or employee
B. Employer or any or the registered employees' organizations
C. Employer or DOLE

429.The petition for certification election should be in ____ and ____.

A. writing, under oath

B. encoded, under oath
C. Writing, notarized

430. The three types of managerial employees are:

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 A. Top, Middle, First-line
B. Above, beyond, below
C. Top, Middle, Below

431. This doctrine states that for as long as the supervisors' union counts
rank and file employees among its members, it has no legal right to file a petition for
certification election to represent a bargaining unit composed of supervisors.

A. Dunlop Doctrine
B. Dunhill Doctrine
C. Dutchess Doctrine

432. This includes the right to organize or affiliate with a labor union or
determine which of two or more unions in an establishment to join and to engage in
concerted activities with co-workers for purposes of collective bargaining through
representatives of their own choosing or for their mutual aid and protection.
A. Right to strike
B. Right to organize
C. Right to self organization

433. Picket and strike are considered as ______ activities

A. Organized
B. Planned
C. Concerted

434. One who is vested with power or prerogative to lay down and execute
management policies and/or to hire, transfer, suspend, lay-off, recall, discharge,
assign or discipline employees, or to effectively recommend such managerial
actions.

A. Management employees
B. Managerial Employees
C. Manager

435. A plant manager in an electronic firm is an example of?

A. Top Management
B. Middle Management
C. First Line Management

436. This refers to the exercise of powers such as effectively recommend

managerial actions, formulate or execute management policies and decisions or
hire, transfer, suspend, lay-off, recall dismiss, assign, or discipline employees.

A. Managerial Function
B. Management Function
C. Manager Function

437. The application for registration of a government employees'

organization should be signed by at least ____ of the employees in the appropriate
organizational unit.

A. 10%
B. 15%
C. 20%
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 438. A PCE filed by a registered employees' organization should contain the
signatures of at least ___ of the rank and file employees in the subject
organizational unit.
A. 10%
B. 15%
C. 20%

439. A PCE may be filed at any time but no certification election may be held
within ___ year/s from the date of issuance of a declaration of the final certification
election result.

A. 1
B. 2
C. 3

440. It means any person having authority in the interest of an employer to

hire, transfer, suspend, lay-off, recall, discharge, assign, recommend or discipline
other employees.
A. Manager
B. Supervisor
C. Employee
441. All are considered acts of ULP except
A. To violate the duty to bargain collectively
B. To accept attorney’s fees from employer as part of the settlement of any
issue
C. To violate the CBA’s non-economic provisions, even if ordinary in
nature
D. To assist in the formation of a labor organization

442. To be considered ULP, unfair acts of the employer must be connected to

the rights to collectively bargain and to self-organize. Which act does not need to be
related to these two, yet still be considered ULP?

A. Dismissing or prejudicing an employee who testified under the Labor Code

B. Dismissing or prejudicing an employee who will testify under the Labor Code
C. None of the violations
D. Both of the violations

443. Acts considered ULP are

A. Expressly mentioned and defined in the Labor Code

B. Expressly mentioned or defined in the Labor Code
C. Impliedly mentioned and defined in the Labor Code
D. Impliedly mentioned or defined in the Labor Code

444. The civil aspect of a ULP case generally falls under the jurisdiction of

A. Voluntary Arbiter
B. Director, Bureau of Labor Relations
C. The NLRC
D. Labor Arbiter

445. The civil aspect of a ULP must be resolved in

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 A. 30 calendar days from filing of the case
B. 30 calendar days from submission for decision
C. 60 calendar days from filing of the case
D. 60 calendar days from submission for decision

446. Mayoni encouraged her colleagues at Yoflam Tech Baguio to form a

union. When the management learned of this, they closed the factory. The
employees are entitled to what kinds of damages?

A. Temperate and Exemplary

B. Nominal and Exemplary
C. Moral and Exemplary
D. Actual and Exemplary

447. Which tribunal has jurisdiction over the criminal aspect of ULP?

A. The Bureau of Labor Relations

B. The Regional Director of the DOLE
C. Either A or B, depending on the penalty
D. None

448. When may an action for the criminal aspect be filed?

A. Upon final judgment that a ULP was indeed committed

B. Upon commission or discovery of the ULP act
C. The criminal case can be prosecuted in the ULP case
D. Upon resolution of a prejudicial question in the ULP case

449. Filing a case for the criminal aspect of ULP prescribes in

A. Three years from commission or discovery of the alleged ULP act

B. Three years from accrual of the right to file
C. One year from commission or discovery of the alleged ULP acr
D. One year from accrual of the right to file

450. An employer’s expressions of opinion, though innocent by itself, may be

considered unfair labor practice because of circumstances under which they were
uttered, the history of the employer’s relations, or because of their connection with
an established collateral plan of coercion or interference.

A. Totality of Conduct Doctrine

B. Complete Conduct Doctrine
C. Entirety of Conduct Doctrine
D. Holistic Conduct Doctrine

451. Beauxbatons Industries is a factory in Baguio City. The Union of

Beauxbatons Employees (UBE) filed a ULP case against Beauxbatons. UBE alleged
that 16 union members were transferred from the Baguio branch to the Cebu
branch a week after the certification election. The Cebu branch turned out to be
along the coastline and the 16 union members are working as carpenters in the
reclamation project for the new Beauxbatons plant that will be constructed onsite.

A. The transfer is a ULP act. It is a punishment for the union members.

B. The transfer is not a ULP act. It is an exercise of management prerogative.
C. The transfer is a ULP act. It is a form of constructive dismissal.
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 D. The transfer is not a ULP act. Transferring employees is not listed as ULP
in the Labor Code.

452. JVJ Corporation is a tuna factory in Laguna. Recession plagued the

entire country, resulting in heavy business losses. Thirty employees were dismissed,
among them three union members. Thenardier, Babet, and Brujon filed a ULP case
against JVJ, alleging that they were dismissed because of union membership.

A. The suit will prosper. Dismissing union members is automatically a ULP.

B. The suit will not prosper. The dismissal of union members is not ULP
because there is no proof of bad faith on the part of JVJ.
C. The suit will prosper. JVJ should have dismissed non-union employees
instead.
D. The suit will not prosper. The union, not the dismissed employees, should
fule the complaint.

453. Which is not a ULP act?

A. Asking the employees about their union sympathies, affecting their

exercise of free choice.
B. Offering a “thank you bonus” to employees in light of high sales turnout
at the end of the quarter
C. Offering a “thank you bonus” to employees a month before CBA
negotiations
D. Raising wages of workers who return to work during a strike

454. Statement I. Indiscreetly requiring employees to join another labor

organization is an act of ULP.

Statement II. Refusal to reinstate workers who voluntarily returned to work

during a strike, but did not accept the employer’s conditions because of union
membership, is an act of ULP.

A. I is false and II is true.

B. I is true and II is false
C. I is true and II is true.
D. I is false and II is false.

455. Fantine has worked diligently at JVJ Corporation for the last five years.
Due to her excellent performance and on the recommendation of Javert, the
outgoing supervisor, Fantine was promoted and became his successor. Enjolras, the
president of JVJ Employees’ Union, claims that Fantine’s promotion is ULP.
because it was done two years before CBA negotiations begin.

A. Fantine’s promotion is ULP because it was done so close to the CBA

negotiation.
B. Fantine’s promotion is ULP because it deprived the union of a member.
C. Fantine’s promotion is not ULP because it is manifestly beneficial to her
and there is no evidence of bad faith on the part of JVJ.
D. Fantine’s promotion is not ULP because the complaint was done in a fit of
jealousy.

456. During the CBA negotiations, there was a deadlock regarding the
increase of pilots’ salaries. The pilots of Asgard Airlines submitted a “protest
resignation letter” or “protest retirement notice.” The owner, Loki Odinson,
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 accepted the letters. A week later, Captain Thanos was not given a flight assignment
and told he was no longer employed.

A. Asgard committed ULP. The “protest resignation” or “protest retirement”

was obviously a strike, which is warranted.
B. Asgard did not commit ULP. Protest resignations or protest retirements
are not among sanctioned activities.
C. Asgard committed ULP. Dismissal is always the last resort in a deadlock.
D. Asgard did not commit ULP. The owner has a choice who to hire and who
to fire.

457. Statement I. All acts alleging ULP must be alleged in the complaint.
Splitting a cause of action is not allowed.

Statement II. Splitting a cause of action is allowed because procedural rules

are relaxed in Labor cases.

A. I is false and II is true

B. I is false and II is false
C. I is true and II is true
D. I is true and II is false.

458. May the employer express his opinion on the creation of the union?

A. Yes, it is protected by free speech.

B. Yes, as long as his words or actions do not contain threats of reprisal or
violence.
C. No, he must maintain strict neutrality regarding union creation.
D. No, he has no right to speak to employees about anything at all.

459. Kikiam Fishball Chickenball Fastfood Corp (KFC) suffered losses since
it closed during the Enhanced Community Quarantine in March. KFC conducted a
mass lay-off of 200 employees. All were members of the employees’ union from
different branches.

A. The lay-off is ULP because only union members were dismissed.

B. The lay-off is not ULP because KFC suffered losses.
C. The lay-off is ULP because mass lay-off is listed as a ULP act no matter
the reason.
D. The lay-off is not ULP because mass lay-off is not expressly listed as a
ULP act.

460. The Union of Beauxbatons Employees (UBE) is having an intra union

dispute regarding election of officers. The dispute has gone on for a month and a
savings account has not been opened, thus Beauxbatons could not deposit the
checked-off union dues. Dolores Umbridge, the Beauxbatons treasurer, volunteered
to open a savings account in the name of UBE at the Bank of Downtown Olongapo
(BDO).

A. Beauxbatons committed ULP. Opening the bank account is considered

interference.
B. Beauxbatons committed no ULP. Opening the bank account has nothing
to do with election of officers, thus is not interference.
C. UBE committed ULP. It did not open a bank account at BDO as per its
duty.
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 D. UBE committed no ULP. Umbridge’s opening the BDO account is also
for the company’s convenience.

461. These are the valid defenses against a charge of Interference of an

employer, except.

a) lack of ill will

b) lack of intention to interfere with the right to self-organization
c) exercise of management prerogative
d) exercise of sound judgment

462. Without this element, the acts, no matter how unfair, are not ULPs.
a) The act violates the right to security of tenure
b) The act violates the right to due process
c) The act violates the right to organize
d) The act violates the right to equal protection of the laws

463. It is an agreement that requires employees to withdraw from the union

to which they belong in order to continue their employment.

a) Feather-bedding
b) Blue Sunday law
c) Yellow dog contract
d) Withdrawal method or scheme

464. Management prerogative extends to every aspect of employment, like:

a) Work assignments
b) Labor organization’s formation
c) Choosing the union President
d) Hearing the dismissed employee

465. The act of employer in installing automatic machines to cut cost and
removing its employees.

a) It is a ULP under Art. 259 paragraph c regarding contracting out services.

b) It is not a ULP, but a management prerogative not motivated by bad faith
or malice.
c) It is an invalid exercise of management prerogative.
d) Only the courts can determine the validity of such judgment of employer
concerning the business operations.

466. The CBA provides that the employer shall maintain a security guard
section in the company, but it contracted out services of a security agency to
undertake the functions of the company security guards and the latter are
reassigned to other stations. Is the act of the employer valid?

a) Yes, it is an exercise of management prerogative.

b) Yes, because the employer can do anything for his company.
c) No, the contracting out of services by the employer violates the CBA.
d) Undecided

467. What is the quantum of evidence to prove a ULP?

a) Proof beyond reasonable doubt

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 b) Preponderance of evidence
c) Overwhelming preponderance of evidence
d) Substantial evidence

468. Is the act of engaging a labor-only contractor a ULP?

a) Yes. Labor-only contracting is prohibited.

b) No. There is a condition
c) No. There is no relationship between the principal and the contractor
d) Yes. It is always a ULP.

469. When is engagement of labor-only contractor considered ULP?

a) If it interferes with, restrain or coerce employees in the exercise of their

right to self-organization.
b) If the principal is not aware that the contractor is considered as such.
c) If there is a damage done on the employees.
d) When there is no doubt to the evidence presented to prove it.

470. The employer granted recognition immediately to the union as the

exclusive bargaining agent and entered into a contract therewith although it was not
the duly authorized representative of employees. What ULP is committed?

a) Contracting out of services and functions

b) Yellow dog contract
c) Company domination
d) Paying of attorney’s fees as part of settlement of a dispute in the CBA

471. It is known as a fee assessed on employees in the bargaining unit who

are not members of the SEBA if such employees enjoy the benefits under the CBA;
a fee equivalent to the dues and fees paid by members of the recognized bargaining
agent.

a) Agency fee
b) Membership fee
c) Non-members’ fee
d) CBA fee

472. It is the failure to treat all persons equally when no distinction can be
found between those favored and those not favored. This is a ULP.

a) Unfair treatment
b) Discrimination
c) Inequality
d) Undue favour

473. It is the act of differentiating the employees in accordance with their

respective jobs and accords them the appropriate levels of pay or benefits due them
by reason thereof.

a) Discrimination
b) Differentiation
c) Clustering
d) Classifying

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 474. The aim of runaway shop.

a) Termination of operations due to business losses.

b) Relocation of business operations to evade financial obligation to
employees.
c) Temporary cessation of operations to save money.
d) Relocation due to acts of employees disadvantageous to the company.
475. Under this scheme, there is no requirement for non-members of the
SEBA to become its members. However, it is required that such non-members
should pay to the SEBA an agency fee as a condition for continued employment.

a) Union shop agreement

b) Preferential Hiring Agreement
c) Agency Shop Agreement
d) Closed Shop Agreement

476. These are the employees exempted from coverage of union security
clause. Which among the enumerated is not exempted.

a) Religious objectors
b) Confidential Employees excluded from the rank-and-file and supervisory
bargaining unit.
c) Employees who are already members of another union.
d) Supervisors not excluded from becoming members of the rank-and-file
union.

477. The possible result when an employee fails to join the SEBA under a
union shop agreement.

a) The employee will be warned for possible dismissal.

b) The employee will be protected by his right to join or not to join a union.
c) The employer will reassign the employee to another station upon the
request of the union.
d) The union will recommend the dismissal of the employee to the employer.
478. What is an exception to the non-retroactivity rule of a union security
clause?

a) When there is an employee who is not a member of any labor organization

at the time of effectivity of the CBA.
b) Religious objectors
c) When the employees stage a strike upon the effectivity of the union
security clause in the CBA.
d) When the employer opts not to apply the union security clause to a certain
member.

479. An agreement which stipulates that the union which negotiated and
concluded the CBA with management is considered and recognized as the SEBA of
all the employees covered by the bargaining unit, irrespective of whether they be
members or not of the SEBA.

a) Union shop agreement

b) Bargaining for Members Only Agreement
c) Exclusive Bargaining Agent Agreement
d) Modified Union Shop Agreement

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 480. Employees under this arrangement who are not SEBA members at the
time of the signing or execution of the CBA are not required to join it. However, any
and all workers hired or employed after the signing or execution of the CBA are
required to join the SEBA.

a) Union shop agreement

b) Bargaining for Members Only Agreement
c) Exclusive Bargaining Agent Agreement
d) Modified Union Shop Agreement

481. Statement 1:
Alabang Country Club (Alabang Country Club, Inc. v. NLRC, G.R. No.
170287, Feb. 14, 2008) has enunciated the requisites that the employer should
determine, prove and comply with prior to terminating the employment of an
employee by virtue of the enforcement of the union security clause.

Statement 2:
The following are the only requisites that the employer should determine,
prove and comply with prior to terminating the employment of an employee by
virtue of the enforcement of the union security clause:

(1) The union security clause is applicable;

(2) There is sufficient evidence to support the SEBA's decision to expel the
employee from membership.

A: only statement 1 is correct

B: only statement 2 is correct
C: both statements are correct
D: both statements are false

482. Statement 1:
To avoid the possibility of incurring liability for breaching the union security
clause of the CBA and to protect its own interests, the only sensible option left to an
employer, upon its receipt of a demand from the union for the dismissal of the
employees whom it accused of committing acts of disloyalty, is to conduct its own
inquiry on the factual and legal bases of such demand in order to satisfy itself that
there indeed exist sufficient bases to dismiss them.

Statement 2:
The act of the employer of issuing notices requiring the 36 employees to
submit their explanations to the charges against them lodged by the SEBA is not the
reasonable and logical first step in a fair investigation. It is important to note that in
this case, the Hotel did not take further steps to terminate the 36 employees.

A: only statement 1 is correct

B: only statement 2 is correct
C: both statements are correct
D: both statements are false

483. Statement 1:
In the matter of determining whether a valid cause exists for termination,
whether under Title I, Book Six of the Labor Code or under a valid CBA,
substantive due process must be observed as a means of ensuring that the security
of tenure of the employees is not infringed.

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 Statement 2:
In the matter of determining whether a valid cause exists for termination,
whether under Title I, Book Five of the Labor Code or under a valid CBA,
substantive due process must be observed as a means of ensuring that the security
of tenure of the employees is not infringed.

A: only statement 1 is correct

B: only statement 2 is correct
C: both statements are correct
D: both statements are false

484. Statement 1:
Where the employer has acted with scandalous haste in dismissing 125
employees who were expelled from the union because of alleged disloyalty but were
never accorded due process, both the employer and the union were declared guilty
of ULP and ordered jointly and severally to pay the employees' backwages.

Statement 2:
Respondent employer sent a letter to petitioners advising them of the SEBA's
recommendation of their dismissal and at the same time giving them 48 hours
within which to comment thereon. When petitioners failed to do so, respondent
company immediately suspended them and thereafter effected their dismissal.
According to the Supreme Court, this act of respondent employer is certainly in
fulfillment of the mandate of due process.

A: only statement 1 is correct

B: only statement 2 is correct
C: both statements are correct
D: both statements are false

485. Statement 1
An employee expelled by the union cannot be dismissed by the employer on
the ground of violation of the union security clause without the appropriate
recommendation of the union to that effect.

Statement 2
The fact of union expulsion alone would not be a sufficient justification for
the employer to dismiss the expelled employee; the employer should wait for the
union recommendation before he could act thereon.

A: only statement 1 is correct

B: only statement 2 is correct
C: both statements are correct
D: both statements are false

486. Statement 1:
The use of the phrase "independent and separate hearing" in connection
with the due process required in termination grounded on violation of the union
security clause means that the employer is not duty-bound to immediately
implement the recommendation to terminate made by the SEBA; it has to conduct
its own hearing independent and separate from any hearing as may have earlier
been conducted by the SEBA.

Statement 2:

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 The enforcement of union security clauses is authorized by law provided
such enforcement is not characterized by arbitrariness and always with due process.
Even on the assumption that the federation had valid grounds to expel the union
officers, due process requires that these union officers be accorded a separate
hearing by respondent company.

A: only statement 1 is correct

B: only statement 2 is correct
C: both statements are correct
D: both statements are false

487. Statement 1:
The twin requirements of notice and hearing constitute the essential elements
of procedural due process.

Statement 2:
The law requires the union to furnish the employee sought to be dismissed
with two written notices before termination of employment can be legally effected:
(l) a written notice apprising the employee of the particular acts or omissions for
which his dismissal is sought in order to afford him an opportunity to be heard and
to defend himself with the assistance of counsel, if he desires, and (2) a subsequent
notice informing the employee of the union’s decision to dismiss him. This
procedure is mandatory and its absence taints the dismissal with illegality.

A: only statement 1 is correct

B: only statement 2 is correct
C: both statements are correct
D: both statements are false

488. Statement 1:
The due process required to be observed by the union prior to its member's
expulsion concerns the termination of his membership with the union; while the due
process that must be complied with by the employer pertains to the termination of
his employment with the employer.

Statement2:
It is complete error on the part of the employer to adopt as its own due
process what has been earlier afforded by the SEBA to the erring employee without
conducting its own independent and separate due process.

A: only statement 1 is correct

B: only statement 2 is correct
C: both statements are correct
D: both statements are false

489. Statement 1:
Where reinstatement is adjudged, the award of backwages and other benefits
continues beyond the date of the Labor Arbiter's decision ordering the
reinstatement and extends up to the time said order of reinstatement is actually
carried out. R.A. No. 6715 effectively mitigated previous jurisprudence which had
limited the extent to which illegally dismissed employees could claim for backwages.

Statement 2:

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 The fact that there has been a finding of illegality of dismissal will result in
declaring the employer and the union liable for all the reliefs provided in Article
294 [279).

A: only statement 1 is correct

B: only statement 2 is correct
C: both statements are correct
D: both statements are false

490. Statement 1:
It is thus well-settled that the employer is liable for reinstatement and the
payment of backwages if it has acted in bad faith in effecting the dismissal of the
employees based on the union security clause in the CBA.

Statement 2:
In cases of regular employment, the employer shall not terminate the services
of an employee except for a just cause or when authorized by this Title. An
employee who is unjustly dismissed from work shall be entitled to reinstatement
without loss of seniority rights and other privileges and to his full backwages,
inclusive of allowances, and to his other benefits or their monetary equivalent
computed from the time his compensation was withheld from him up to the time of
his actual reinstatement.

A: only statement 1 is correct

B: only statement 2 is correct
C: both statements are correct
D: both statements are false

491. Statement 1:
In the case of Manila Mandarin (Manila Mandarin Employees Union v.
NLRC, G.R. No. 76989, Sept. 29, 2987), the provision in the CBA, which states that
"the Union shall hold the Company free and blameless from any and all liabilities
that may arise" should the employee question the dismissal, was cited as one of the
reasons for holding petitioner union and employer solidarily liable to pay to the
employee which the union recommended for dismissal for violation of the union
security clause "the wages and fringe benefits from the time she was placed on
forced leave until she is actually reinstated, plus ten percent (10%) thereof as
attorney's fees. "

Statement 2:
The fact that there is a "free and harmless" clause in the CBA is a guarantee
that it will ever be considered by the Court in its resolution of issues related to the
illegality of the termination of employment due to violation of the union security
clause. The Court may determine the appropriate relief without regard of this
clause.

A: only statement 1 is correct

B: only statement 2 is correct
C: both statements are correct
D: both statements are false

492. Statement 1:
The “free and harmless” clause in the CBA is a guarantee that it will be ever
considered by the court.

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 Statement 2:
Notwithstanding the fact that the dismissal was at the instance of the
federation and that it undertook to hold the company free from any liability
resulting from such a dismissal, the company may still be held liable if it was remiss
in its duty to accord the would-be dismissed employees their right to be heard on the
matter.

A: only statement 1 is correct

B: only statement 2 is correct
C: both statements are correct
D: both statements are false

493. Statement 1:
By express provision in the CBA to that effect is the only way by which an
employer may secure reimbursement for whatever payment it may have made for
separation pay in lieu of reinstatement, monetary claims, backwages and damages,
in cases where it is adjudged guilty of illegally dismissing an employee upon
recommendation of the union pursuant to the union security provision in the CBA.

Statement 2:
The employer cannot assert his right of reimbursement by way of a cross
claim in the same labor proceeding before the Labor Arbiter.

A: only statement 1 is correct

B: only statement 2 is correct
C: both statements are correct
D: both statements are false

494. Statement 1:
It was held that the Labor Arbiter could not properly pass judgment on the
cross-claim made by petitioner for reimbursement should it be made liable for
illegal dismissal or ULP pursuant to the CBA, because jurisdiction over money
claims arising from the interpretation or implementation of the CBA and those
arising from the interpretation or enforcement of company personnel policies, is
vested with the Voluntary Arbitrator or Panel of Voluntary Arbitrators pursuant to
Article 274 [261] and not on the Labor Arbiter under Article 224 [217] of the Labor
Code.

Statement 2:
An employer can assert his right of reimbursement by way of a cross-claim

A: only statement 1 is correct

B: only statement 2 is correct
C: both statements are correct
D: both statements are false

495. Statement 1:
The SEBA is given the right to collect a reasonable fee, called "agency fee" in
case the non-SEBA members accept the benefits under the CBA.

Statement 2:
Employees who are not members of the SEBA but are members of the
collective bargaining unit (CBU) being represented by the SEBA in its collective
bargaining negotiations and dealings with the employer, are obligated to pay
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 "agency fee" to the SEBA which successfully negotiated the CBA with the employer
under the authority of the 3rd sentence of the 3-sentence paragraph [e] of Article
259 [248] of the Labor Code.

A: only statement 1 is correct

B: only statement 2 is correct
C: both statements are correct
D: both statements are false

496. Statement 1:
By paying the agency fees, a "quasi-contract” is created by operation of law
which gives rise to an obligation between the parties - the SEBA and the non-SEBA
members - even in the absence of a written agreement between them.

Statement2:
The term "benefits" does not only refer to salary increases but also to others
that are, however, definitely purely economic in nature. It is opined, however, that
''benefits" may also refer to non-economic or political benefits such as availment of
the grievance machinery, voluntary arbitration and the like.

A: only statement 1 is correct

B: only statement 2 is correct
C: both statements are correct
D: both statements are false

497. Statement 1:
Employees who are not members of the SEBA can object to paying any
agency fees to the SEBA other than for "representational or CBA-related
purposes."

Statement 2:
The most that non SEBA members can be required to pay is an agency fee
that equals to their share of what the SEBA can prove is its "costs of collective
bargaining, contract administration, and grievance adjustment with their
employer."

A: only statement 1 is correct

B: only statement 2 is correct
C: both statements are correct
D: both statements are false

498. Statement 1:
Union dues are not required to be paid by the members of the SEBA,

Statement 2:
Agency fees are not required to be paid by non-SEBA members to the SEBA.

A: only statement 1 is correct

B: only statement 2 is correct
C: both statements are correct
D: both statements are false

499. Statement 1:

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 Non-SEBA members are compelled to pay such union dues to the SEBA,
since they are part thereof and they cannot be required to pay agency fees to it by
reason of their acceptance of the CBA and its benefits

Statement 2:

Check-off of agency fees, for its validity, does not require the execution by
the non-SEBA members of individual written authorizations in favor of the SEBA;
while such is an indispensable requisite for check-off of union dues and special
assessments from SEBA members. Article 259(e) [248(e)] makes it explicit that
paragraph [o] of Article 250 [241] requiring written authorization is inapplicable to
the check-off of agency fees from non-SEBA members who receive benefits
provided in the CBA.

A: only statement 1 is correct

B: only statement 2 is correct
C: both statements are correct
D: both statements are false

500. Statement 1:
Article 259 [248) enunciates 2 CBA-related ULPs, to wit:
1) To violate the duty to bargain collectively as prescribed in the Labor
Code.
2) To pay negotiation or attorney's fees to the union or its officers or agents
as part of the settlement of any issue in collective bargaining or any other dispute.
Statement 2:
The refusal of the employer to furnish the requested information is not ULP
if the SEBA failed to put its request in writing as required in Article 25 l(c) [242(c)]
of the Labor Code.
A: only statement 1 is correct
B: only statement 2 is correct
C: both statements are correct
D: both statements are false
501. The following are true regarding interference in the choice of
bargaining panel, except:
a. The union has the right to choose and designate the members of its union team.
b. Excluded employees cannot be designated members of the negotiating panel.
c. An employer’s personal objection to one or more of the union’s representatives
ordinarily justify his refusal to negotiate.
d. The employer has the right to negotiate the size of union bargaining panel.

502. What is defined as “going through the motions of negotiating” without

any legal intent to reach an agreement?
a. Blue-sky bargaining
b. Boulwarism
c. Featherbedding
d. Surface bargaining

503. What kind of ULP means the making of exaggerated or unreasonable

proposals?
a. Blue-sky bargaining
b. Boulwarism
c. Featherbedding
d. Surface bargaining

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 504. It is a negotiation tactic in which management opens the negotiation
with a generous offer which is ultimate and to which no further revisions will be
made. This serves as “take it or leave it” offer or counter-offer.
a. Blue-sky bargaining
b. Boulwarism
c. Featherbedding
d. Surface bargaining

505. It refers to the practice, caused and induced by a union, of hiring more
workers than are needed to perform a given work, job or task or to adopt work
procedures which is evidently senseless, wasteful, inefficient and without legitimate
justifications since it is meant purely for the purpose of employing additional
workers than are necessary.
a. Blue-sky bargaining
b. Boulwarism
c. Featherbedding
d. Surface bargaining

506. Which of the following does not constitute unfair labor practice (ULP)?
a. gross violation of the collective bargaining agreement
b. simple violation of the collective bargaining agreement
c. flagrant refusal to bargain collectively
d. restraining an employee in their right to self organization

507. What kind/s of union may commit ULP under the Labor Code?
a. a union certified as a Sole and Exclusive Bargaining Agent
b. a union not certified as a Sole and Exclusive Bargaining Agent
c. both a and b
d. neither a and b

508. Which of the following is not true regarding the exercise of right to self-
organization?
a. The expression of views without threat of reprisal or force or promise of benefit
is not ULP.
b. A union may interfere with but not restrain or coerce employees in their right to
self-organize.
c. The labor organization may prescribe its own rules on the acquisition or
retention of membership but not on the loss thereof.
d. A union cannot punish employees who disagree with its policies or violate its
rules as would amount to restraint or coercion of their organizational rights.

509. These are the three kinds of discrimination that a union may commit
under Article 260(b) of the Labor Code, except:
a. The act of the union to cause an employer to discharge employees who fail to
join or maintain membership in good standing therein as a condition for continued
employment.
b. The act of the union to cause or attempt to cause an employer to discriminate
against an employee, in general, irrespective of whether he or she is a member or non-
member of the union.
c. The discriminatory act of the union against an employee “with respect to whom
membership in such organization has been denied.”
d. The discriminatory act of the union against an employee whose membership
therein has been terminated based “on any ground other than the usual terms and
conditions under which membership or continuation of membership is made available to
the other members.”
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 510. The following are the requisites before a union may be held liable for
ULP, except:
a. The union is a duly certified SEBA.
b. It violates the duty to bargain collectively.
c. It refuses to bargain collectively with the employer.
d. It refuses to bargain with its members.

511. It is a legal term which means an excessive or harsh demand of a reward

or fee for an official service performed in the normal course of duty.
a. extortion
b. exaction
c. exploitation
d. exception

512. Which of the following does not constitute featherbedding?

a. demand for payment of made work
b. demand for payment of standby services
c. demand for equal pay for equal work
d. demand for payment of work already compensated

513. Who may be held criminally liable for ULPs committed by labor
organization?
a. The officers or members of the governing boards of labor associations or
organizations who authorized ULPs
b. representatives or agents of labor associations or organizations who ratified
ULPs
c. members of labor associations or organizations who have actually participated
in ULPs
d. all of the above

514. May a union or any of its officers, agents or representatives ask for or
accept negotiation fees or attorney’s fees as a settlement of issues in collective
bargaining?
a. Yes, as a compensation for the employees’ emotional sufferings, mental
anguish and wounded feelings.
b. Yes, if only as a “peace offering” in view of any disputes.
c. No, because it constitutes ULP.
d. No, because the CBA does not allow such act.

515. What is the Constitutional foundation of the right of all workers to

collective bargaining and negotiation?
a. Section 3, Article III of the 1987 Constitution
b. Section 13, Article III of the 1987 Constitution
c. Section 3, Article XIII of the 1987 Constitution
d. Section 13, Article XIII of the 1987 Constitution

516. The duty to bargain collectively when there is an existing CBA also
means:
a. either party may terminate the agreement during its lifetime
b. either party may only modify the agreement during its lifetime
c. neither party may terminate nor modify the agreement during its lifetime
d. neither party may terminate nor modify the agreement after its lifetime

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 517. The duty to bargain collectively when there exists no CBA yet should be
in accordance with:
a. the Labor Code
b. the agreed terms and conditions between the parties
c. the voluntary arrangement providing for a more expeditious manner of
collective bargaining
d. all of the above

518. Collective bargaining is not equivalent to adversarial litigation.

a. It depends upon the facts of the case.
b. False.
c. True.
d. None of the above

519. It is that period of at least sixty (60) days immediately prior to the
expiration of the lifetime of a collective bargaining agreement.
a. freedom period
b. renewal period
c. retention period
d. both a and b

520. During the interregnum between the expiration of the collective

bargaining agreement and the date of effectivity of its renewed version, the parties
are bound to keep the status quo and to treat the terms and conditions embodied
therein still in full force and effect during the 60-day freedom period and/or until a
new agreement is negotiated and ultimately concluded and inked by the parties.
What is this tenet called?
a. automatic renewal clause
b. freedom period
c. hold-over principle
d. termination clause

521. It refers to the negotiated contract between a duly certified SEBA of

workers and the employer incorporating the agreement reached after negotiations
with respect to wages hours of work and all other terms and conditions of
employment in the appropriate bargaining unit, including mandatory provisions for
grievances and arbitration machineries.
a. Employer- employee agreement
b. Collective Bargaining Agreement
c. Collective Bargaining Contract
d. Certified Bargaining Agreement

522. This doctrine applies when there is absorption and integration by one
entity of one or more establishments having the same kind and line of business and
having their respective CBAs with different labor unions existing therein.
a. Absorption doctrine
b. Integratory doctrine
c. Substitutionary doctrine
d. Meralco doctrine

523. When should a CBA be construed literally?

a. If the terms of the CBA are plain, clear and leave no doubt on the
intention of the contracting parties
b. When the provisions of the CBA are ambiguous
c. If the intention of the parties is not clear
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 d. If it appears that the provisions of the CBA are contrary to public policy

524. The following statements are true, EXCEPT:

a. Ratification of the CBA by majority of all the workers in the bargaining

unit makes the same binding on all employees therein.
b. A CBA gives rise to valid enforceable contractual relations against the
union members, in matters that affect them individually, and against the union itself; in
matters that affect the entire membership in general.
c. A person who is an employee and at the same time a union member, is
bound by the CBA, in both capacities as such.
d. The employer is not bound to respect the provisions of the CBA.

525. Who are entitled to the benefits stipulated in the CBA?

a. Members of the SEBA
b. Non-members of the SEBA but are members of the collective bargaining
unit
c. Members of the minority union.ls who paid agency fees to the SEBA
d. All of the above

526. This refers to a union-used derogatory term to describe an employee

who works in an "open-shop" and chooses to not join the SEBA or any union for
that matter, but is still covered by the CBA.
a. SEBA member
b. Dependent
c. Free Rider
d. Free loader
527. This rule provides that if a CBA has been duly registered in accordance
with Article 237 of the Code, a petition for certification election or a motion for
intervention can only be entertained within sixty (60) days prior to the expiry date
of such agreement.
a. contract-bar rule
b. certification year-bar rule
c. bargaining deadlock-bar rule
d. bargaining-bar rule

528. This is defined as the "counteraction of things producing entire

stoppage: a state of inaction or of neutralization caused by the opposition of persons
or of factions.
a. strike
b. deadlock
c. neutralization
d. infraction

529. Who may declare deadlock?

a. SEBA
b. Employer
c. Third person
d. A and B

530. This refers to a decision or determination on the merits made by an

arbitration authority or tribunal in an arbitration proceeding.
a. Mediation award
b. Conciliation award
c. Arbitration award
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 d. Judicial determination

531. This approach employed by the DOLE Secretary was declared not the
best method of resolving a wage dispute.
a. Solomonic approach
b. Triumph rule approach
c. Economical approach
d. Political approach

532. What are the modes of resolving CBA issues?

a. Voluntary Mediation and Compulsory Mediation
b. Voluntary Arbitration and Compulsory Arbitration
c. Voluntary Conciliation and Compulsory Conciliation
d. Mediation-Arbitration

533. The following statements are true, EXCEPT:

a. The parties to a CBA are not allowed to stipulate below the minimum
standards provided under the law
b. Entering into a CBA which contains terms and conditions of employment
below legally mandated minimum standards will not, despite its registration, constitute a
bar to the conduct of a certification election should another union challenge the majority
status of the SEBA which negotiated it.
c. The parties may stipulate terms below the minimum standards provided
under the law.
d. Entering into a CBA providing benefits below the minimum standards set
by law is one of the grounds for cancellation of union registration.

534. The following statements are true, EXCEPT:

a. The contract bar rule continues to be effective even after the CBA's
expiration.
b. The pendency of a PCE which was filed beyond the 60-day freedom
period does not suspend the CBA negotiation.
c. The employer has no duty to bargain collectively with a union whose PCE
is still pending and, therefore, it has yet to be certified as the SEBA.
d. The employer is obliged to bargain collectively if the majority status of
the current SEBA is being challenged and contested by other union/s in the bargaining
unit which seasonably filed PCE/s within the 60-day freedom period.

535. What are the rights of the parties in case of a deadlock?

a. The parties may submit the deadlocked issue to conciliation and mediation
by the NCMB.
b. The union may declare and actual stage a strike
c. The employer may initiate a lockout
d. All of the above.

536. Which of the following statements is false about declaration of

deadlock?
a. Either of the parties in the CBA negotiation may declare a deadlock.
b. Only the employer may declare a deadlock.
c. Deadlock can only be declared upon mutual consent of both parties.
d. There can be no deadlock if the employer failed or refused to counter-
propose to the bargaining agent's proposals.

537. What is the primary purpose of a CBA?

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 a. The primary purpose of a CBA is the stabilization of labor-management
relations in order to create a climate of sound and stable industrial peace.
b. The primary purpose of the CBA is to grant the employer more power of
control over the employment of his/ her employees.
c. The primary purpose of the CBA is to enable the employees to raise their
standard of living.
d. All of the above.

538. Which of the following statements is true?

a. The benefits under the CBA should be extended to new employees who
are hired after the CBA was concluded and during its effectivity or even after its
expiration provided they are included in the CBU being represented by the SEBA.
b. Anyone who avails of the benefits of the CBA is liable to pay agency fee
to the SEBA
c. Non-members of the SEBA but are members of the collective bargaining
unit are entitled of the
d. All of the above.

539. Which of the following statements is not true about Petition for
Certification Election?
a. In order to allow the employer to refuse any request by the union for
collective bargaining negotiations or to validly suspend the bargaining process, the PCE
itself must have been validly and seasonably filed and a legitimate representation issue
should have been properly raised.
b. The mere filing of a PCE justifies the refusal to negotiate or the
suspension of the negotiation by the employer.
c. The petition must first comply with the pertinent provisions of the Labor
Code and its Implementing Rules, foremost of which is its filing within the 60-day
freedom period.
d. All of the above.

540. Which among the following is the effect of refusal of the employer to
negotiate the CBA?
a. The SEBA may apply their proposals.
b. The employer is estopped from questioning the CBA.
c. The refusal of the employer to bargain with the certified SEBA indicates
bad faith and it constitutes ULP.
d. All of the above.

541. Which of the following statement(s) is/are false:

I. CBA proposed by the SEBA cannot be adopted as the new CBA if
employer refused to negotiate.
II. CBA proposed by the SEBA may be unilaterally imposed on the employer
if the latter fails to discharge its duty to bargain collectively by refusing to make any
counter-proposals.

a. I only
b. II only
c. Both I & II
d. None of the above

542. What is the concept of “lock, stock and barrel” upon the employer as
the new CBA?
a. The set of proposals of the SEBA should be adopted as the CBA in its entirety

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b. The employer violates the duty to bargain collectively and loses its statutory right to
negotiate or re-negotiate the terms and conditions draft as the CBA proposed by the
SEBA
c. It is applicable to the parties with no pre-existing CBAs and with pre-existing CBA
d. All of the above

543. What would be the motivating basis of signing bonus?

a. Filing of the notice of strike
b. No strike, no lockout policy
c. Goodwill
d. SEBA’s prerogative

544. Under the Substitutionary Doctrine, what would be the legal effect when
there is a shift in employees’ union allegiance after the execution of a bargaining
contract with the employer?

a. the life of the current CBA can be shortened;

b. the current CBA can be disregarded;
c. the personal undertakings of the current CBA should be respected
d. the new bargaining agent committed ULP

545. The following are the modes of schism except one:

a. Gradual erosion
b. Concerted action
c. Formalized collective action
d. All of the above.

546. In the Philippines, what is the remedy of the rival group within the same
SEBA during its 5-year term and even outside of the 60-day freedom period when
there exist an “extraordinary or unusual circumstances” which affect the standing
of the SEBA in terms of membership structure and others that may have been
occasioned by said factors that completely after the situation and collective
bargaining relationship of the employer and the SEBA?
a. Petition for certification election
b. Petition for decertification
c. Petition for annulment of the CBA
d. Petition for re-negotiation of the CBA

547. Kind of bargaining involving a CBA negotiation between one certified

sole and exclusive bargaining agent (SEBA) and one employer.
a. Multi-employer bargaining
b. Bilateral bargaining
c. Single-enterprise bargaining
d. Unilateral bargaining

548. What is the consequence of schism or split in terms of union assets are
concerned if it is not covered by the SEBA’s CBL?
a. The right to take the union’s assets of the seceding groups are denied.
b. The seceding groups have the right to the union’s assets.
c. Schism or split bears no effect in terms of union assets are concerned.
d. The management will gain the right to the union’s assets.

549. The following are the basic principles in Collective Bargaining

Negotiations except one:
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 a. Parties must act in good faith
b. Employer and employees should stand on equal footing
c. Parties have powder to fix the terms and conditions of their employment
relationship
d. The minutes of the CBA negotiation is considered part of the CBA

550. Which of the following statement(s) is/are true:

I. In the preliminary process during the CBA negotiation, it is ULP if

the management fail to reply to other party after ten calendar days from receipt.
II. In the CBA negotiation, the employer has the right to initiate the
negotiation.

a. Statement I only
b. Statement II only
c. Both
d. None of the above

551. During the CBA negotiation, the management of Company V promised

the employees that they will increase their monthly salary for an additional of 20%.
This proposal was not embodied in the CBA. May the SEBA of the Company V
compel the management of Company V to fulfill the given promise?
a. YES because it will constitute ULP
b. YES because they have given the promise during CBA negotiation and will be
automatically be part of the CBA
c. NO because the Company V do not have the funds for the increase
d. NO because promises made by Management during the CBA negotiations cannot be
demanded under the law

552. The following are ULP during CBA negotiation except one:
a. Refusal to sign the CBA by the management
b. Refusal of the management to enter into a new CBA after close shop
c. Refusal to employer to furnish financial statements
d. Refusal of employer to negotiate unilaterally granted benefits

553. This is the process in the collective bargaining process which involves
the posting of a copy of the newly concluded CBA in at least two (2) conspicuous
places in the workplace at least five (5) days prior to the ratification thereof by all
the employees comprising the bargaining unit.
a. Preliminary process
b. Negotiation Process
c. Registration Process
d. Publication process

554. Which of the following statement(s) is/are false:

Statement I: All members of the SEBA must ratify in writing the newly
concluded CBA.
Statement II: The duly ratified CBA must be submitted to the BLR or the
DOLE Regional Office.

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

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 555. This describes the jobs or positions that are excluded from the coverage
of the bargaining unit and the CBA.
a. Union Security Clause
b. Exclusionary Clause
c. Grievance Machinery
d. Management rights clause

556. Which of the following stipulations is non-economic or political coverage

in a CBA?
a. Wage Increases
b. Agency Fee
c. Uniforms
d. Hospitalization

557. This is the very heart of the CBA. It 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 and hospitalization benefits, insurance, retirement, etc.
a. Family planning, health and safety, cooperative, recreation and sports, etc.
b. Waiver and completeness of agreement
c. Union commitment
d. Economic and fringe benefits

558. It involves secession by a group or faction within a union or by a local

union from a parent union.
a. Union Schism
b. Ratification of the CBA
c. Solomic Approach
d. Affiliation of a new union within a BU

559. Which of the following statement(s) is/are correct:

Statement I - Refusal of the party to negotiate the permissive or voluntary
subjects in the CBA constitutes ULP.
Statement II - An employer may introduce any changes in the mandatory
bargaining subjects without providing the SEBA prior notice of such proposed
changes and affording it of the opportunity to bargain thereof.

a. Both are correct

b. Both are false
c. Statement I only
d. Statement II only

560. The following are the valid grounds to replace the current SEBA within
five-year lifetime of the CBA and outside of the freedom period except one?
a. Application of Substitutionary Doctrine as applied to Disaffiliation Cases
b. Application of Substitutionary Doctrine as a subterfuge to subvert valid commitments
c. Application of Substitutionary Doctrine in cases of Union Schism
d. None of the above

561. What is the lifetime of the CBA?

a. 3 years
b. 5 years
c. 6 years
d. 10 years
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 562. The following are the purpose of the nth year term of the lifetime of the
CBA, except:

a. To assign specific timetables wherein negotiations become a matter of

right and requirement
b. To promote industrial stability
c. To promote industrial predictability
d. To represent the status of the SEBA

563. The representation aspect in Article 265 of RA No. 6715 refers to the:

a. Identity and majority status of the SEBA that successfully negotiated the
CBA as the exclusive bargaining representative of the employees in the bargaining unit
concerned
b. Negotiation or renegotiation done or renewal of the CBA
c. Rule of retroactivity that will or will not take place
d. None of the above

564. The continuing nth year representation status of the incumbent SEBA
mentioned in Article 265 should be counted only from:

a. The date of effectivity of the CBA

b. The date of its being certified as SEBA
c. The date mutually agreed upon by parties
d. The date determined and ordered arbitrally

565. What is the effect of the execution of renewal CBA by the same parties
on the nth year representation status acquired?

a. It will be affected by a subsequent CBA executed between the same SEBA

and employer during the same said year period
b. It will not be affected by a subsequent CBA executed between the same
SEBA and employer during the same said year period
c. It will depend on the agreed upon arrangement by the parties
d. None of the above

566. When may the SEBA’s representation status be only questioned?

a. During the first 5 years

b. During the 15 day freedom period
c. During the 60 day freedom period
d. During the first 3 years

567. The presumption that the right of representation of the certified SEBA
for the duration of 5 years is absolute and conclusive may be rebutted under the
doctrine of:

a. Irrebuttable Presumption of Majority

b. Certification Year Bar Rule
c. Rebuttable Presumption of Majority
d. None of the above

568. Why is a mutually agreed suspension of the CBA for a period longer
than the 5 year limitation valid?
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 a. This is because the right to free collective bargaining includes the right to
suspend it.
b. This is because while the right to free collective bargaining does not afford
the right to suspend, arising agreements from both parties still prevail.
c. This is because such agreement was the result of voluntary collective
bargaining negotiations undertaken during severe circumstances
d. None of the above

569. Is the decade-long suspension of the CBA violative of the “protection to

labor” policy in the Constitution?

a. Yes, because it does not promote the shared responsibility between workers
and employers
b. Yes, because such have not exercised voluntary modes in settling disputes
c. No, because it promoted the shared responsibility between workers and
employers
d. No, because it is inconsistent with the intention of the CBA

570. When can parties re-assess and re-negotiate all the provisions of the
CBA, except its representation aspect?

a. After the lapse of the first year of its 5 year term

b. After the lapse of the first three years of its 5 year term
c. After that lapse of the entire 5 year term
d. After the proposition of such re-assess

571. The effectivity of CBA voluntarily negotiated and concluded by the

parties are under the following situations, except:

a. The CBA was partially re-negotiated for its last 2-year provisions after
lapse of the first 3 years of its 5-year lifetime
b. The CBA was negotiated for the first time
c. The entire CBA was re-negotiated after its 5-year lifetime has expired
d. None of the above

572. The effectivity in case CBA is an amalgamation of both voluntarily

negotiated and arbitrally awarded terms and conditions means:

a. It involves voluntary negotiated and concluded CBAs

b. It involved involuntarily, or more succinctly, arbitrally concluded CBAs
c. There is a commingling in one CBA of terms resulting from the voluntary
and mutual agreement of the parties
d. None of the above

573. As a general rule, a CBA becomes effective on:

a. The date mutually agreed upon by the parties as its effectivity date
b. The date outside the 6-month period
c. The date ordered upon by the SEBA
d. None of the above

574. The retroactivity provided by Article 265 sets that it is:

a. Prohibited by law and is prejudicial to the CBA

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 b. Needed as to give a semblance of continuity & stability to the CBA
c. Not determinative in reckoning the 6 months period
d. None of the above

575. The inapplicability of the 6 month rule applies to the following except
to:

a. All cases involving the issue of registration

b. CBAs negotiated for the first time
c. CBAs renegotiated for an nth time
d. All cases involving the issue of cancellation

576. The retroactivity rule in case of full renegotiation of the entire CBA
after lapse of its 5-year term has two instances that are contemplated in case CBA is
entered into, and such are the following:

I. Within 6 months from expiry of the 5th year of previous CBA

II. After 6 months from expiry of the 5th year of previous CBA
III. Within 6 months from notice of renegotiation in the 5th year of
previous CBA
IV. After 6 months from notice of renegotiation in the 5th year of
previous CBA

a. I & II c. I & III

b. III & IV d. II & IV

577. The rule in case the renewed CBA is concluded be yond 6 months after
the expiry of the 3rd year of the CBA:

a. There is no automatic retroaction of its effectivity to the day immediately

following the expiry date and that there is no more remedy available
b. There is an automatic retroaction of its effectivity to the day immediately
following the expiry date
c. There is no automatic retroaction of its effectivity to the day immediately
following the expiry date and that the parties should agree on the duration of retroactivity
thereof
d. There is automatic retroaction of its effectivity to the day immediately
following the expiry date but it is within the discretion of the employer

578. The following supports the effectivity in case CBA results from an
arbitral award granted through arbitration, except:

a. Gap in the law regarding such is filled in by jurisprudence

b. Terms and periods in Article 265 /253-AJ may be applied by analogy to
arbitral awards
c. Rule on retroactivity does not apply when CBA is negotiated and arbitrally
awarded for the first time
d. None of the above

579. What is the hold over principle?

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

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 b. The rule that although a CBA has expired, it continues to have legal effects
but upon the approval of its petition for a new CBA
c. The rule that although a CBA is yet to expire, it ceases to have legal effects
due to the lack of notification to the SEBA
d. None of the above

580. The following are the indispensable conditions for granting such
temporary injunctive relief, except:

a. That the complaint alleges facts which appear to be satisfactory to establish

a proper basis for injunction
b. That on the entire showing from the contending parties, the injunction is
reasonably necessary to protect the legal rights of the plaintiff pending the litigation
c. That injunction may only issue upon strict compliance with the statutory
requirements
d. None of the above

581. It refers to a legitimate labor union duly certified as the sole and
exclusive bargaining representative or agent of all the employees in a collective
bargaining unit.

a. Sole and Exclusive Bargaining Agent

b. Sole and Exclusive Bargaining Agency
c. Solely Exclusive Bargaining Agent
d. Solely Exclusive Bargaining Agency

582. Statement I: An individual’s right may be exercised even if there is an

existing SEBA.
Statement II: The parties to the CBA cannot stipulate against the provision
of Article 267[255].

a. Both statements are true

b. Only statement I is true
c. Only statement II is true
d. Both statements are false

583. The following are the modes of determining the SEBA, except:

a. Certification election
b. Consent election
c. A and B
d. None of the above

584. It refers to the situation where only one legitimate labor organization
files a petition for certification to be certified as the SEBA in the appropriate CBU
where it seeks to operate and which it desires to represent.

a. Single-unit election
b. Single-union election
c. One-union election
d. One-unit election

585. This happens when the 2 or more contending unions voluntarily and
mutually agree to hold the certification election among themselves, with or without
the participation and supervision of the DOLE.
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 a. Certification election
b. Run-off election
c. Re-run election
d. Consent election

586. It happens when at least 3 or more unions are involved in the

certification election and not one of them has garnered the majority of the valid
votes cast but the total votes of all the contending unions is equivalent to at least
50% of the valid votes cast.

a. Consent election
b. Re-run election
c. Run-off election
d. Certification election

587. It happens when there is a tie or failure of election in a certification

election involving 2 or more unions thereby necessitating the conduct of another
election.

a. Consent election
b. Re-run election
c. Certification election
d. Run-off election

588. Where may Request for SEBA Certification (Voluntary Recognition)

be filed?

a. DOLE Regional Office

b. NLRB Regional Office
c. Either a or b
d. None of the above

589. The following are the requirements for the Request for SEBA
Certification (Voluntary Recognition), except:

a. The name and address of the requesting legitimate labor organization

b. The name and address of the company where it operates
c. All of the above
d. None of the above

590. It 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.

a. Consent election
b. Re-run election
c. Certification election
d. Run-off election

591. Statement 1: 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.

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 Statement II: The pendency of a petition to cancel the certificate of
registration of a union participating in a certification election bars the conduct
thereof.

a. Only Statement I is true

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

592. Statement I: Retraction or withdrawal of support made after the

filing of the PCE is presumed to be voluntary unless there is a convincing proof to
the contrary.
Statement II: Retraction or withdrawal made before the filing of the PCE is
deemed involuntary and does not affect the PCE or the election proceedings.

a. Only Statement I is true

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

593. It 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.

a. Organized enterprise
b. Unorganized enterprise
c. Organized establishment
d. Unorganized establishment

594. It is a firm or company where there is no certified SEBA.

a. Organized enterprise
b. Unorganized enterprise
c. Organized establishment
d. Unorganized establishment

595. The PCE should be supported by written consent of at least _____ of

all employees in the CBU.

a. 20%
b. 25%
c. 30%
d. 35%

596. It is a union that desires to be on the ballot when another union has
petitioned for an election.

a. Intervening union
b. Intervenor union
c. Intervention union
d. Forced intervenor

597. The service of the PCE to the employer and of the notice of
preliminary conference to the petitioner and the incumbent SEBA may be made
through the following, except:

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 a. Personal service
b. Registered mail
c. Home service
d. Courier service

598. The Med-Arbiter should conduct a preliminary conference and

hearing within __________ from the receipt of the PCE.

a. 3 days
b. 10 days
c. 15 days
d. 60 days

599. The Mediator-Arbiter shall formally issue a ruling granting or

denying the petition within __________ from the date of the last hearing.

a. 10 days
b. 15 days
c. 30 days
d. 60 days

600. The Mediator-Arbiter should release his/her order or decision

granting or denying the PCE personally to the parties within __________ from the
last hearing, copy furnished the employer.

a. 30 days
b. 20 days
c. 15 days
d. 10 days

601.) Which one is the kind of bargaining under the latest implementing
rules?

A. One-Union, One-Company
B. Single-enterprise bargaining
C. Multi-Enterprise bargaining
D. One-Union, One-Industry

602.) Which statement is correct regarding single enterprise bargaining?

A. Single-enterprise bargaining involves negotiation between one certified labor

union and one employer.
B. Any voluntarily recognized or certified labor union cannot demand
negotiations with its employer for terms and conditions of work covering employees in
the bargaining unit concerned.
C. Single-Enterprise bargaining is now labeled as multi-employer bargaining.
D. It was amended in 2004 rules.

603.) What is multi-employer bargaining?

A. Any legitimate labor unions and employers may agree in oral to come together
for the purpose of collective bargaining.
B. It is the possibility to have as many CBUs being represented by as many
SEBAs all dealing with the same employer for purposes of their respective collective
bargaining rights.
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 C. it is the right to represent the entire CBU for purposes of collective bargaining
with the employer.
D. It involves negotiation between and among several certified labor unions and
employers.

604.) May one union represent two CBUs?

A. No, because it is not legally possible for one union in one and the
establishment to represent 2 (two) separate bargaining units.
B. Yes. It is legally possible.
C. No, because it has separate and distinct CBA.
D. None of the above.

605.)Based on jurisprudence, there are FOUR doctrines which may be used

to determine the appropriate CBU. Which one is correct?

A. Community or mutuality of interest doctrine.

B. Collective Bargaining Doctrine
C. Totality of Conduct Doctrine
D. Globe employment Doctrine

606.) Read the statement and identify which one is correct.

I. The community and mutuality of interest doctrine is the controlling and

standard test.
II. II. Under the Collective Bargaining Doctrine, the employees sought to be
represented by the SEBA must have substantial interest in terms of employment
and working conditions.

A. Only statement I
B. Only statement II
C. Both statement I and II
D. None of the above

607.) A CBU may expand or contract either through:

A. Accretion or spin-off
B. Accretion or expansion
C. Spin-off or contraction
D. Expansion or Contraction

608.) What is the scope of CBU?

A. The CBUs scope refers to the general classifications of workers that should be
included therein.
B. The units scope refers to the inclusion or exclusion of specific workers.
C. The CBU’s scope is limited by law as well as judicial pronouncement.
D. None of the above.

609.) Does the probationary employees included in the CBU?

A. Yes even if they are not composed of rank and file.

B. No, because collective bargaining does not cover all aspects of the
employment relation.
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 C. No, because the labor code makes distinctions as to their employment status.
D. Yes, because all rank and file employees are entitled to vote

610.) The principle of _______________ where the employees are given the
right of workers to participate in policy and decision-making processes that affect
their rights, benefits and welfare.

A. Collective Bargaining History

B. mutuality or commonality of interests
C. Co-Determination
D. Substantial Mutual Interest

611.) It is meant to implement the declared policy of the state to ensure the
participation of workers in policy and decision-making processes of the
establishment where they are employed insofar as said processes will directly affect
their rights, benefits and welfare.

A. Department of Labor and Employment

B. Labor Management Council
C. Collective Bargaining Unit
D. Grievance Machinery

612.) The Labor Management Council is created in:

A. Organized establishment only
B. Unorganized Establishment only
C. Both organized and unorganized establishments
D. None of the above

613.) When an employer may file petition?

A. When requested by a union to bargain collectively

B. When there is existing certified collective bargaining agreement
C. When the union does not asked the employer to engage in collective
bargaining
D. When the employer requested to bargain collectively

614.) What is the purpose of GOOD-FAITH-DOUBT DOCTRINE?

A. To prove the majority status to preserve continued employer recognition.

B. To prove the majority status of incumbent unions.
C. To prove the actual conduct of certification election
D. To overturn the presumption of continued majority status of the incumbent
SEBA.

615.) When the petition is filed by an employer, it shall contain the following,
EXCEPT:

I.) The name, address and general nature of employer’s business.

II.) Names and address of the legitimate labor organization involved.
III.) The approximate number of the employees in the appropriate bargaining unit.
IV.) The list of employees.

A. Statement IV
B. Statement III
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 C. Statement II
D. Statement I

616.) What is the period to decide certification election cases?

A. 5 working days
B. 30 working days
C. 20 working days
D. 15 working days

617.) What is the period to conduct certification election?

A. 5 working days
B. 30 working days
C. 20 working days
D. 15 working days

618.) The employer’s participation in proceedings shall be limited to,

EXCEPT:
I.) Being notified or informed of petitions of such nature; II.) Submitting the
list of employees during the pre-election conference should the Med-Arbiter act
favorably on the petition; III.) a description of the bargaining unit.

A. Statement III
B. Statement II
C. Statement I
D. All of the above

619.) May the employer oppose a petition for certification election or appeal
any order relative to the conduct?

A. Yes, the employer has the legal personality

B. No, the employer lacks the legal personality
C. Yes, the court allows the employer to file motion to oppose PCE filed by a
union
D. No, because employer has the right or material interest to assail the
certification election

620.) May the employer be present even as observer in election proceeding?

A. No, because employer is not a party in a certification election

B. Yes, because employer have to intervene
C. No, because employer is a party in a certification election
D. Yes, because employer have to be present at all during the proceedings

621. Who has the jurisdiction to rule on existence of employment

relationship?
A. Bureau of Labor Relations
B. National Labor and Relations Commission
C. Secretary of Labor and Employment
D. Mediator-Arbiter

622. What doctrine is based on the will of the employees?

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 A. Doctrine of Accretion
B. Globe Doctrine
C. Collective Bargaining History Doctrine
D. Doctrine of Spin-off

623. What doctrine puts premium to the prior history and affinity of the
employees in determining the appropriate Collective Bargaining Unit?
A. Doctrine of Accretion
B. Globe Doctrine
C. Collective Bargaining History Doctrine
D. Doctrine of Spin-off

624. What doctrine is best exemplified by the case of International School

Alliance of Educators [ISAE] v. Quisumbing, where the Supreme Court ruled that
foreign-hired teachers do not belong to the bargaining unit of the local-hires
because the former have not indicated their intention to be grouped with the latter
for purposes of collective bargaining?
A. Doctrine of Accretion
B. Globe Doctrine
C. Collective Bargaining History Doctrine
D. Doctrine of Spin-off

625. What doctrine applies when new employees added by the employer to an
existing CBU by reason or as a result of either creation of new jobs or acquisition of
new facility or business?
A. Doctrine of Accretion
B. Globe Doctrine
C. Collective Bargaining History Doctrine
D. Doctrine of Spin-off

626. What doctrine applies when the employees are given the right to share
the responsibility of formulating certain policies that affect their rights, benefits,
and welfare?
A. Doctrine of Spin-off
B. Doctrine of Co-determination
C. Doctrine of Accretion
D. Employment Status Doctrine

627. What is the doctrine when the employer attempts to argue that a new
facility is sufficiently dissimilar to justify non-union status?
A. Doctrine of Spin-off
B. Doctrine of Co-determination
C. Doctrine of Accretion
D. Employment Status Doctrine

628. All certification cases shall be decided within how many days?
A. 30 days
B. 20 days
C. 15 days
D. 10 days

629. If there is no existing certified collective bargaining agreement in the

bargaining unit, the employer has the following options once a union requests or
demands to collectively bargain with it, except:

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 A. The employer is under legal compulsion to file a PCE once requested by a
union.
B. The employer will demand that the requesting union file the PCE itself.
C. The employer will wait until the requesting union files the PCE itself.
D. The employer will itself file a PCE with the BLR.

630. All grievances submitted to the grievance machinery which are not
settled within ________ from the date of its [sic] submission shall automatically be
referred to voluntary arbitration prescribed in the Collective Bargaining
Agreement.
A. 7 calendar days
B. 7 working days
C. 10 calendar days
D. 10 working days

631. What is created for the purpose of affording workers the right to
participate in policy and decision-making processes in matters affecting their rights,
benefits and welfare;
A. Grievance Machinery
B. Labor-Management Council
C. Labor-Management Committee
D. Grievance Committee

632. What is created for the purpose of resolving disputes and grievances
arising from the interpretation or enforcement of such policies or decisions?
A. Grievance Machinery
B. Labor-Management Council
C. Labor-Management Committee
D. Grievance Committee

633. The __________ is in the nature of a preventive mechanism meant to foil

and avoid problems from developing into disputes or grievances or from ripening
into full-blown litigations.
A. Grievance Machinery
B. Labor-Management Council
C. Labor-Management Committee
D. Grievance Committee

634. __________ is required to be set up only in case of organized

establishments since it is mandated to be stipulated in a CBA
A. Grievance Machinery
B. Labor-Management Council
C. Labor-Management Committee
D. Grievance Committee

635. I. In all cases, whether the petition for certif1cation election is filed by
an employer or a legitimate labor organization, the employee shall not be
considered a party thereto with a concomitant right to oppose a petition for
certification election.

II. When requested to bargain collectively, an employer may petition the

Bureau for an election.

A. Only Statement I is True

B. Only Statement II is True
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 C. Both Statements are True
D. Both Statements are False

636. The __________ is mandated to be created both in organized and

unorganized establishments.
A. Grievance Machinery
B. Labor-Management Council
C. Labor-Management Committee
D. Grievance Committee

637. ___________ is a cooperative or negotiating body in a business

enterprise composed of an equal number of representatives from the management
and from the rank-in-file employees.
A. Grievance Machinery
B. Labor-Management Council
C. Labor-Management Committee
D. Grievance Committee

638. __________ is created to establish a productivity incentives program

and to settle disputes arising from the interpretation or implementation thereof.
A. Grievance Machinery
B. Labor-Management Council
C. Labor-Management Committee
D. Grievance Committee

639. I. Previously excluded employees may be included in the CBU under a

new CBA.
II. Employees of one entity can join the union in another entity.

A. Only Statement I is True

B. Only Statement II is True
C. Both Statements are True
D. Both Statements are False

640. The __________ is applied, in other jurisdictions, to overturn the

presumption of continued majority status of the incumbent SEBA.
A. Controlling Test
B. Standard Test
C. Good-faith-doubt Test
D. Good-faith Test
641. The decision of the Med-Arbiter in a certification election case or on the
results thereof may be appealed directly to the DOLE Secretary within how many
days?

a. 10 days from receipt of the parties of a copy thereof

b. 7 days from receipt of the parties of a copy thereof
c. 12 days from receipt of the parties of a copy thereof
d. 14 days from receipt of the parties of a copy thereof

642. Statement I: The order granting the conduct of a certification election

in an unorganized establishment is subject to appeal.
Statement II: Any issue arising from its conduct or from its results is proper
subject of a protest.

a. Only Statement I is True

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 b. Only Statement II is True
c. Both Statement I and Statement II are True
d. Both Statement I and Statement II are False

643. Statement I: Once the order of the Med-Arbiter dismissing a PCE is

seasonably appealed, such appeal stops the holding of any certification election.
Statement II: The Med-Arbiter shall cause the transmittal of the records
thereof to the DOLE Secretary.

a. Only Statement I is True

b. Only Statement II is True
c. Both Statement I and Statement II are True
d. Both Statement I and Statement II are False

644. Statement I: A reply to the appeal may be filed by any party to the
Petition for Certification Election (PCE) within 7 days from receipt of the
memorandum of appeal.
Statement II: The reply should be filed directly with the office of the DOLE
Regional Director.

a. Only Statement I is True

b. Only Statement II is True
c. Both Statement I and Statement II are True
d. Both Statement I and Statement II are False

645. Statement I: The decision of the DOLE Secretary becomes final and
executory after 10 days from receipt thereof by the parties.
Statement II: No motion for reconsideration of the decision shall be
entertained.

a. Only Statement I is True

b. Only Statement II is True
c. Both Statement I and Statement II are True
d. Both Statement I and Statement II are False

646. All grievances submitted to the grievance machinery which are not
settled within seven calendar days from the date of its submission shall
automatically be referred to ____________.

a. Conciliation
b. Voluntary arbitration
c. Mediation
d. None of the above

647. A dispute or controversy between the employer and the sole and
exclusive bargaining agent (SEBA) arising from the interpretation or
implementation of their CBA.

a. Arbitration
b. Grievance
c. Grievance machinery
d. Dispute

648. It is defined as flagrant and/or malicious refusal by a party thereto to

comply with the economic provisions thereof.
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 a. Gross violation
b. Simple violation
c. Ordinary violation
d. None of the above

649. Refers to the mechanism for the adjustment and resolution of grievances
arising from the interpretation or implementation of a CBA and those arising from
the interpretation or enforcement of company personnel policies.

a. Grievance procedure
b. Voluntary arbitration
c. Grievance machinery
d. Grievance

650. The series of formal steps that parties to a CBA agreed to take for the
adjustment of grievances or questions arising out of the interpretation or
implementation of the CBA or company personnel policies.

a. Grievance procedure
b. Voluntary arbitration
c. Grievance machinery
d. Grievance

651. Processing of grievance involves a joint effort on the following except:

a. identification of possible solutions

b. identification of the issue or issues involved
c. developing its factual basis or background
d. evaluating the merits of the grievance in the light of the factual background
and applicable rules

652. A “grievance” or “grievable issue” is any question raised by either the

employer or the union regarding any of the following issues or controversies except:

a. the interpretation or application of the CBA

b. the enforcement of company personnel policies
c. any claim by either the party that the other party is violating any provisions of
the CBA
d. none of the above

653. It is one of the frequent causes of irritation between labor and

management and thus must be treated as one of the frequent causes of irritation
between labor and management and thus must be treated as a grievable issue
properly cognizable by the grievance machinery.
a. Wage distortion
b. Interpretation and implementation of company personnel policies
c. Existence of a labor dispute
d. Prohibition against peaceful picketing

654. Statement I: The grievance procedure is an appeal procedure and is a

“must” provision in every collective agreement.
Statement II: The grievance procedure is that part of the agreement which
provides for a peaceful way of settling differences and misunderstanding between
the parties.
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 a. Only Statement I is True
b. Only Statement II is True
c. Both Statement I and Statement II are True
d. Both Statement I and Statement II are False

655. Statement I: Absence of a grievance machinery provision in the CBA, its

registration will be denied.
Statement II: No particular set-up for a grievance machinery is mandated by
law.

a. Only Statement I is True

b. Only Statement II is True
c. Both Statement I and II are True
d. Both Statement I and II are False

656. This theory means that a CBA should be deemed, unless an intention is
manifest, to carry forward for its term the major terms and conditions of
employment not covered by the agreement, which prevailed when the agreement
was executed.

a. Theory of implied incorporation

b. Theory of imputed knowledge
c. Theory of Increased Risks
d. None of the above

657. The decision of the Med-Arbiter in a certification election case or on the

results thereof may be appealed directly to the _________ within 10 days from
receipt by the parties of a copy thereof.

a. DOLE Regional Director

b. DOLE Secretary
c. Labor Arbiter
d. None of the above

658. Statement I: When a grievance remains unresolved, either party may

serve notice upon the other of its decision to submit the issue to voluntary
arbitration.
Statement II: If the party upon whom the notice is served fails or refuses to
respond favourably, the Voluntary Arbitrator should commence voluntary
arbitration proceedings.

a. Only Statement I is True

b. Only Statement II is True
c. Both Statement I and II are True
d. Both Statement I and II are False

659. The Voluntary Arbitrator or Panel of Voluntary Arbitrators named in

the CBA or mutually appointed by the parties, in case one has been named in the
CBA, shall have exclusive and original jurisdiction over the following cases except:

a. violations of the CBA which are gross in character

b. wage distortion issues arising from the application of any wage orders in
organized establishments

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 c. unresolved grievances arising from the interpretation or implementation of
the CBA
d. national interest cases

660. A bargaining deadlock is often referred to as an ___________.

a. Dispute
b. Rights Dispute
c. Interest Dispute
d. Unresolved Grievances

661. For purposes of elevating a grievance to a Voluntary Arbitrator or

Panel of Voluntary Arbitrators for adjudication and resolution, it may be treated as
“unresolved” in either two senses, namely:
A. A decision or resolution was rendered thereon through the various steps of
the grievance machinery and either both parties is/are not satisfied therewith; or
B. No action at all was taken thereon within the period of 15 calendar days
from its submission for resolution to the last step of the grievance machinery.
C. A and B is correct
D. Only A is correct
662. Unresolved grievance may be automatically referred to
a. Voluntary arbitrator
b. Voluntary mediator
c. NLRC Secretary
d. DOLE Secretary
663. Voluntary Arbitrators may hear and decide the following, except
a. Labor disputes
b. Strikes
c. Unfair labor practices
d. Bargaining deadlocks

664. It is defined as an increase in prescribed wage rates results in the

elimination or severe contraction of intentional quantitative differences in wage or
salary rates between and among employee groups in an establishment as to
effectively obliterate the distinctions embodied in such wage structure based in
skills, length of service, or other logical basis of differentiation.
a. Wage distortion
b. Wage adjustment
c. Wage hike
d. Wage increase
665. A dispute arising from such wage distortion should be resolved through
the grievance procedure under:
a. SEBA
b. CBA
c. RTWPB
d. NLRC
666. A. In an unorganized establishments, where there are no CBAs or
certified SEBAs, the employer and workers should endeavor to correct such
distortion among themselves.
B. It is required that any dispute should be settled through NCMB.
C. If it remains unresolved after 15 calendar days of conciliation,
D. It should be referred to a Mediator Arbiter to conduct continuous hearings
thereof and decide the dispute within 20 calendar days from the time said dispute is
submitted to him for compulsory arbitration.

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 A. Only A and B are correct
B. Only B and C are correct
C. Only A and D are correct
D. All of the above are correct

667. Disputes arising from employer-employee relations private schools fall

under what jurisdiction.
A. CSC
B. DOLE
C. NLRC
D. Dep-Ed

668. Labor Arbiters of the NLRC are not allowed to entertain the following,
except:
A. Labor disputes
B. Labor resolutions
C. Grievances
D. Matters under the exclusive jurisdiction

669. Union of Itogon Mining Company Workers questioned the

implementation of the “Drug Abuse Policy” which requires the conduct of
simultaneous drug test on all miners employed by the company. The case should be
filed under what jurisdiction
A. NLRC
B. RTC
C. Voluntary Arbitrator
D. Mediator Arbiter

670. Which of the following statements is not correct.

A. Only cases involving the SEBA and the employer may be taken cognizance of
by the Voluntary Arbitrators
B. Labor Code grants an individual employee the right to bring grievances
directly to the employer.
C. An individual employee is allowed to submit or refer unsettled grievances for
voluntary arbitration without the SEBA.
D. Group of employees is not allowed to submit grievances without the
participation of SEBA.

671. It is the mandate of the DOLE Secretary to promote industrial peace

A. Mediator Dispute Avoidance Intervention
B. Administrative Intervention for Dispute Avoidance
C. Alternative Dispute Resolution
D. Administrative Dispute Resolution

672. A potential or on-going dispute resolution refers to the following except

A. a live and active dispute;
B. That may lead to a strike or lockout or to a massive labor unrest;and
C. Is not the subject of any complaint or notice of strike or lockout at the time a
request for intervention is made.
D. Absence of a collective bargaining agreement.

673. Ex-Officio Voluntary Arbitrator may perform the following, except

A. Hear and decide all grievance arising from the interpretation or
implementation of the CBA
B. May conciliate or mediate to obtain voluntary settlement of a dispute
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 C. Shall have the capacity to handle no more than 20 cases at any given time
D. Ensure the speedy resolution of the disputes

674. It is a provision in the CBA requiring that grievance, if unsettled, shall

be finally resolved by a impartial third person for a final and binding resolution.
A. Arbitration Clause
B. Mediation Clause
C. Administrative Clause
D. Negotiation Clause

675. As a general rule, the authority of an arbitrator embraces or covers the

following:
A. General authority to investigate and hear the case upon notice to the parties
and to render an award based on the contract and record of the case
B. Incidental authority to perform all acts necessary for an adequate discharge of
his duties and responsibilities like setting and conducting hearing, attendance of
witnesses and proof documents and other evidence, fact-finding and other modes of
discovery, reopening of hearing, etc,;
C. Special power in aid of his general contractual authority like the authority to
determine arbitrability of any particular dispute an to modify any provision of existing
agreement upon which a proposed change is submitted for arbitration.

A. Statement A and B are correct

B. statement B and C are correct
C.statement A and C are correct
D. statements A, B and C are correct

676. If a grievance is brought to arbitration, could any party add issues other
than the grievance itself.
A. No, only the issues raised shall be resolved during the resolution.
B. No, if the issue is interrelated to another issue
C. Yes, it is encouraged as means of promoting industrial stability.
D. Yes, provided the parties are the same

677. A. All pleadings relative to the voluntary arbitration case should be

filed directly with the chosen Voluntary Arbitrator at his designated business or
professional office.
B. Copy furnished the Regional Trial Court of NCMB having jurisdiction
over the place of the workplace of the complainant.
C. Copy furnished the Regional Branch of the NCMB having jurisdiction
over the workplace of the complainant.

A.Statement A and B are correct

B. Statement A and C are correct
C. Statement B and C are correct
D. None of the above is correct

678. A case may be withdrawn in the following instances, except

A. Mutual agreement
B. By the complainant prior to the arbitration hearing
C. After commencement of the hearing
D. With the permission of the Voluntary Arbitrator

679. The Voluntary Arbitrator during consultation with the parties need not
make a written summary of the proceedings because proceedings before a
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 Voluntary Arbitrator need not be recorded as provided under Section 10, Rule VI,
NCMB Revised Procedural Guidelines in the Conduct of Voluntary Arbitration
Proceedings.
A. True
B. False

680. It is a written agreement by the parties submitting their case for

arbitration, containing a statement of the issues, the name of their chosen Voluntary
Arbitrator and a stipulation and an undertaking to abide by and comply with the
resolution that may be rendered therein, including the cost of arbitration.
A. Notice to Arbitrate
B. Submission Agreement
C. Voluntary Arbitration
D. Notice of Intent to Arbitrate
681. The Voluntary Arbitrator shall mandatorily render an award or
decision within how many days from the date of submission of the case for
resolution?
a. 10 days
b. 15 days
c. 20 days
d. 30 days

682. The decision, order, resolution or award of the Voluntary Arbitrator

shall become final and executory after how may days from receipt of copies by the
parties?
a. 10 days
b. 15 days
c. 20 days
d. 30 days

683. I. The awards of voluntary arbitrators determine the rights of parties:

hence, their decisions have the same legal effect as judgment of a court.
II. The findings of fact of Voluntary Arbitrators are accorded not only
respect but even finality if they are supported by substantial evidence, even if not
overwhelming or preponderant.
a. Statement I is true and Statement II is false
b. Both Statements are true
c. Statement II is true and Statement I is false
d. Both Statements are false

684. What is/are the exception/s when certiorari may be granted despite
the availability of an appeal:
a. When public welfare and the advancement of public policy dictates
b. When the broader interest of justice so requires
c. When the writs issued are null and void
d. All of the above
e. None of the above

685. The following are factors that should be taken into account in the
fixing of the fees of the Voluntary Arbitrators or Panels of Voluntary Arbitrators,
except:
a. Nature of the case and time consumed in hearing the case
b. Professional standing of the Voluntary Arbitrator and capacity to pay of the parties
c. All of the above
d. None of the above
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 686. Who may charge fees if the case is withdrawn after he has been
selected and a date for hearing is set?
a. The Judge
b. The Voluntary Arbitrator
c. The NCMB
d. The DOLE Secretary

687. I. Payment in full of docket fees within the prescribed period is not
only mandatory, but also jurisdictional.
II. Upon the filing of the petition within the 30-day reglementary period, it is
required under Section 5 of Rule 43 of the Rules of Court that the petitioner should pay
to the CA clerk of court the docketing and other lawful fees.
a. Statement I is true and Statement II is false
b. Both Statements are true
c. Statement II is true and Statement I is false
d. Both Statements are false

688. What provisions of the Labor Code may be cited as basis for the
issuance of the writ of execution to enforce it in case of non-compliance by both
parties with the decision?
a. Article 278 [263] and Article 230 [224]
b. Article 276 [262-A] and Article 257 [ 246]
c. Article 230 [224] and Article 276 [262-A]
d. Article 278 [263] and Article 257 [ 246]

689. The Voluntary Arbitrator or Panel of Voluntary Arbitrators may

motu proprio or on motion of any interested party issue a writ of execution on a
judgment within how many years from the date it becomes final and executory?
a. 1 year
b. 2 years
c. 3 years
d. 5 years

690. I. The filing of a motion for the issuance of a writ of execution is with
prejudice to any other action which the aggrieved party may take against the non-
complying party, such as motion for contempt or imposition of fines and penalties.
II. Within 2 working days from receipt of the motion for the issuance of a
writ of execution, the Voluntary Arbitrator or, in case of his incapacity, the Labor
Arbiter before whom the motion is filed, is required to schedule a pre-execution
conference to thresh out matters relevant to the execution.
a. Statement I is true and Statement II is false
b. Both Statements are true
c. Statement II is true and Statement I is false
d. Both Statements are false
691. Any of the following persons may be required to enforce the writ of
execution, except:
a. A Special Sheriff (NLRC)
b. The Chairman of the Commission (NLRC)
c. The Sheriff of the regular courts
d. A duly deputized officer

692. It includes any controversy concerning terms, tenure or conditions of

employment, or concerning the association or representation of persons in

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 negotiating, fixing, maintaining, changing, or seeking to arrange terms and
conditions of employment.
a. Concerted activities
b. Picketing
c. Industrial or labor dispute
d. Lockout

693. It may constitute obstruction of the points of ingress and egress which
would make the strike illegal.
a. Strike
b. Lockout
c. Picketing
d. Peaceful moving picket

694. The following are the elements of lockout:

i. Temporary refusal to furnish work by the employer;
ii. Occasioned by an industrial or labor dispute;
iii. Consists of shutdowns, mass retrenchment and dismissals initiated by
the employer.
a. i. and ii.
b. ii. and iii.
c. i. and iii.
d. i., ii. and iii.

695. Picketing is:

a. Any temporary stoppage of work by the concerted action of the employees
as a result of an industrial or labor dispute.
b. A concerted activity of workers consisting in peacefully marching to and
fro before an establishment involved in a labor dispute generally accompanied by the
carrying and display of signs, placards and banners intended to inform the public about
the dispute.
c. The temporary refusal of an employer to furnish work to its employees as
a result of an industrial or labor dispute.
d. A spontaneous or unannounced illegal concerted action by a section or
group of employees without the sanction or authorization of the union or in violation of
the union’s constitution and by-laws.

696. I. In the event the picketers employ discourteous and impolite

language in their picket, such may result in, or give rise to, libel or action for
damages.
II. The procedural but mandatory requisites that must be complied with
before a valid strike may be staged are applicable to picketing.
a. Statement I is true and Statement II is false
b. Both Statements are true
c. Statement II is true and Statement I is false
d. Both Statements are false

697. It means the temporary refusal of an employer to furnish work to its

employees as a result of an industrial or labor dispute.
a. Lockout
b. Strike
c. Picketing
d. Union-busting

698. The elements of a strike are the following, except:

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 a. Temporary stoppage of work by the employees
b. Occasioned by an industrial or labor dispute
c. Most preeminent of the economic weapons of workers
d. Through the concerted action of the employees

699. A kind of strike where the workers do not quit their work but merely
slacked or reduced their normal work output is:
a. Sit-down strike
b. Slowdown strike
c. Wildcat strike
d. Economic strike

700. Economic strike is:

a. One staged for a purpose not recognized by law or, if for a valid purpose,
it is conducted through means not sanctioned by law.
b. One declared and staged without the majority approval of the certified
bargaining agent.
c. One where the workers stop working but do not leave their place of work.
d. One declared to demand higher wages, overtime pay, holiday pay,
vacation pay, etc.
701. A strike must be based on any or both of the following:
1. Because of unfair labor practice of the employer
2. Because of an invalid lockout
3. Because of collective bargaining deadlock
4. Because of an Inter-union dispute

a. 2 and 3
b. 1 and 3
c. 3 and 4
d. 1 and 4
e. 1, 2, 3, 4

702. A notice of strike .

a. must be filed with the BLR
b. must be filed with the Med-Arbiter
c. must be filed with the Regional-DOLE
d. must be filed with the Secretary of Labor
e. must be filed with the NCMB-DOLE

703. A sympathy strike is strike

a. staged by the workers having no demands or grievances or labor dispute of
their own against their employer but nonetheless stage the strike for the purpose of
aiding, directly, or indirectly, other strikers in the same establishment or company,
without necessarily having any direct relation to the advancement of the strikers` interest.
b. an example of which is “welga ng bayan.”
c. staged by the workers of an employer involving an issue which does not
directly concern or affect their relationship but rather, by some circumstances, affects the
workers, such as when the employer persists to deal with a third person against whom the
workers have an existing grievance.
d. staged by the workers against their employer involving a labor dispute directly
affecting them.
e. “strike on the installment plan”

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 704. A lockout must be based on any or both of the following:
1. Because of an invalid lockout
2. Because of an Inter-union dispute
3. Because of collective bargaining deadlock
4. Because of unfair labor practice of the employer

a. 3 and 4
b. 1 and 2
c. 1 and 4
d. 3 and 2
e. 2 and 4

705. A notice of strike is to be filed

a. at least 30 days from the intended date, if the issues raised are ULP .
b. at least 15 days from the intended date, if the issues involved arose from CBD
c. at least 15 days from the intended date, if the issues raised are ULP.
d. at any time from the intended date, if the issues involved arose from CBD .
e. no time is prescribed by the Labor Code.

706. The following may file a notice for strike or lockout:

1. Certified union, in case of strike; and
2. Employee in case of lockout.

a. 1 and 2 are both true.

b. 1 and 2 are both false.
c. 1 is true.
d. 2 is true.
e. Undecided.

707. The fourth requisite for a valid strike is

a. Majority approval of strike.
b. A strike vote report should be submitted to the NCMB-DOLE at least seven (7)
days before the intended date of the strike.
c. The strike must be based on the two exclusive grounds.
d. A notice of strike must be filed.
e. None of the above.

708. There is union-busting when:

a. there is a dismissal of appointive union officers.
b. there is a dismissal of union members.
c. there is a dismissal that threatened the existence of the union.
d. there is a dismissal of union officers duly elected in accordance with the
constitution and by-laws but does not threaten the existence of the union.
e. there is no dismissal which that threatens the existence of the union.

709. No-strike clause

1. in the CBA is a valid stipulation
2. invoked when the strike is economic in nature

a. 1 and 2 are true.

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 b. 1 and 2 are false.
c. 1 is true.
d. 2 is true
e. 1 is false.

710.
1. Cooling off is counted from the time of submission of strike vote report to
NCMB.
2. Waiting period is counted from the filing of the Notice of Strike/Lockout
with NCMB.

a. 1 and 2 are true.

b. 1 and 2 are false.
c. 1 is true.
d. 2 is true
e. 1 is false.

711. Within what period should notice of lockout be filed with the NCMB?
a. within 15 days from the intended lockout.
b. within 30 days from the intended lockout.
c. at least twenty-four hours prior to the taking of the strike vote.
d. at least twenty-four hours prior to the taking of the lockout vote.
e. there is no period.

712. A decision to declare a strike must be approved by _______ of the total

union membership in the bargaining unit concerned, obtained by in
meetings or referenda called for that purpose.
a. a majority; secret balloting
b. a quorum; open balloting
c. half; secret balloting
d. portion; secret balloting
e. some; open balloting

713. What is the reckoning of the cooling-off period?

a. It should be reckoned from the time the notice of strike or lockout is filed with
the NCMB
b. It should be reckoned on the date the union or employer prepared the notice of
strike
c. It should be reckoned on the date the union or employer prepared the notice of
lockout.
d. It should not be reckoned.
e. The Labor Code did not give any guideline as to the reckoning period.

714.
Anna is an employee in a government-owned and controlled corporation
with original charters thus she
a. enjoys the rights to self-organization and the right to strike.
b. does not enjoy the rights to self-organization.
c. enjoys the rights to self-organization but not the right to strike.

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 d. does not enjoy the rights to self-organization but allowed to strike.
e. allowed to strike but it must be done secretly.

715. Who can file a notice of strike in an unorganized establishment where a

certified bargaining agent is absent?
a. any legitimate labor organization in behalf of its members.
b. no one can file a notice of strike in this case.
c. the employee occupying the highest position can file in behalf of its members.
d. the members cannot file until there is a certified bargaining agent.
e. any employee can file because it is their constitutional right.

716. The notification informing the NCMB of the employer’s intention to

temporarily cease its operation because of the alleged commission by a duly-
registered labor union of ULP.
a. Lockout
b. Strike
c. Request for preventive mediation
d. Notice of strike
e. Notice of lockout

717. A minority union can lawfully stage a strike.

a. True, because it has the right to strike.
b. True, because it is justified by a labor dispute.
c. True, as long as the majority does not know of the strike
d. True, because they are aggrieved employees.
e. False.

718. The cooling-off period for union-busting is

a. 15 days
b. 30 days
c. 7 days
d. it depends.
e. none.

719. Anna is an employee in a government-owned and controlled corporation

under the Corporation Code, thus she
a. does not enjoy the rights to self-organization but allowed to strike.
b. enjoys the rights to self-organization and the right to strike.
c. does not enjoy the rights to self-organization.
d. enjoys the rights to self-organization but not the right to strike.
e. allowed to strike but it must be done secretly.

720. The purpose of a cooling period is

a. to provide an opportunity for mediation and conciliation
b. for the NCMB to verify whether the strike really carries the approval of the
strikers
c. for the NCMB to verify whether the strike really carries the approval of the
majority
d. for the employee to make more money before the strike.
e. for the employer to make more money before the strike.

721. The power to issue assumption or certification orders is an

extraordinary authority granted to the ____________ or the DOLE Secretary.

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 a. President
b. NCMB
c. NLRC
D. Supreme Court

722. The following are the effect of assumption or certification of Labor

Dispute, except:

a. Employees subject of the lockout shall immediately return to work.

b. The assumption/certification automatically enjoins an impending strike/lockout
c. The employer shall immediately resume operations and readmit all employees.
d. None of the above.

723. This principle enunciates that upon assumption or certification, all cases
between the same parties shall be considered subsumed to, absorbed by, the
assumed or certified case, as the case may be, and shall accordingly be decided by
the DOLE Secretary or by the appropriate Division of the Commission.

a. Principle of Territoriality
b. Principle of subsumation or absorption
c. Principle of Extraterritoriality
d. None of the above

724. This principle enunciates that whenever the certified labor dispute
involves a business entity with several workplaces located in different regions, the
NLRC Dvision having territorial jurisdiction over the principal office of the
company shall acquire jurisdiction to decide such labor dispute.

a. Principle of Territoriality
b. Principle of subsumation or absorption
c. Principle of Extraterritoriality
d. None of the above

725. The period within which to decide assumed cases by DOLE secretary
should be within ______ calendar days from the submission of the case for
resolution.

a. 15
b. 10
c. 30
d. 5

726. The above decision rendered shall be final and executory _____ calendar
days after receipt thereof by the parties.

a. 10
b. 15
c. 20
d. 30

727. The NLRC, in the exercise of its original jurisdiction over national
interest cases certified to it by the DOLE Secretary for compulsory arbitration,
otherwise called ___________ has set its own rules on how it will hear and decide a
case.
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 a. Certified labor disputes
b. Certified labor guidelines
c. Certified labor policy
D. Certified labor handbook

728. For purpose of reporting the NLRC is required to report every case
submitted for resolution to the Office of the DOLE Secretary, within _____ hours
from submission of the case for resolution.

a. 12
b. 24
c. 48
d. 64

729. One of the following is a prohibited motion because of the urgency of

resolving the certified case.

a. Motion for Extension or Postponement

b. Motion for Dismissal
c. Motion to set aside judgment
d. None of the above

730. What is the nature of the return-to-work order?

a. Compulsory and offensive to involuntary servitude

b. Optional and not offensive to involuntary servitude
c. Compulsory and not offensive to involuntary servitude
d. None of the above

731. As a general rule, the concept of return-to-work under Article 278(g)

contemplates that workers should be given one of the following if granted:

a. Actual reinstatement
b. Full backwages
c. Payroll reinstatement
d. All of the above

732. What is the effect of filing of a motion for reconsideration to a return-to-

work order?

a. The return-to-work order shall be ineffective during the filing of MR.

b. No effect to the immediate executory character of return to work order.
c. Nullifies the return-to-work order.
d. None of the above.

733. D

734. The powers of the President over national interest cases are the
following, except;

a. Issue return-to-work order.

b. Determine industries that are indispensable to the national interest.

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 c. To intervene any time and assume jurisdiction over any such labor dispute in
order to settle or terminate it.
d. None of the above.

735. Preliminary hearing under voluntary arbitration requires the conduct

by the VA or Panel of Voluntary Arbitrators of a hearing or conference within ____
days from the issuance of the assumption or certification order.

a. 10
b. 5
c. 15
d. 30

736. This recourse is separate and distinct from the established voluntary
modes of dispute resolution, such as mediation, conciliation and arbitration under
the Labor Code, and is an alternative to other voluntary modes of dispute resolution
such as the voluntary submission of a dispute to the DOLE Regional Director for
mediation, to the NCMB for preventive mediation, or to the intervention of a
regional or local tripartite peace council for the same purpose.

a. Voluntary Arbitration
b. Institutional Arbitration
c. Administrative Intervention for Dispute Avoidance
d. Mediation

737. According to Section 16, Rule XXII of the Omnibus Rules Implementing
the Labor Code, the industries indispensable to the National Interest are the
following, except:

a. Hospital Sector
b. Electric Power Industry
c. Internet Providers
d. Air Traffic Control

738. The following agencies are involved in the coordinative measures before
the filing of the notice of strike or lockout in national interest cases, except one:

a. Regional Coordinating Council

b. Philippine Economic Zone
c. Regional Tripartite Industrial Peace Council
d. Voluntary Arbitrators

739. No notice or hearing required prior to the issuance of assumption or

certification.

a. True
b. False

740. In the execution of Judgment in certified cases, it is the _________, and

the not the DOLE Secretary, which has the authority to cause the execution of the
judgment. It can also motu proprio or upon motion by the proper party may cause
the execution of the judgment in certified cases.

a. NLRC
b. ICMB
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 c. VA
d. Regional Directors

741. This refers to any temporary stoppage of work by the concerted action
of the employees as a result of an industrial or labor dispute.

a. Strike
b. Lockout
c. picketing
d. Industrial or labor dispute

742. This is a form of strike staged for the purpose not recognized by law or
if for valid purpose, conducted through means not sanctioned by law.

a. Legal strike
b. Illegal strike
c. economic strike
d.. sit down strike

743. Article 279 (a) provides that an ordinary union member is liable only
when he knowingly participates in the commission of the illegal act.

a. Before a strike
b. During a strike
c. after a strike
d. None of the above

744. This term is sometimes derogatorily called a scab, blackleg, or

knobstick.

a. Sit down strike

b. Wildcat strike
c. Slowdown strike
d. strike-breaker

745. This is a term used to describe the act of working during a strike,
whether by strike breakers, management personnel, non-unionized employees or
members of other unions on strike.

a. Pulling the picket line

b. Pushing the picket line
c. leaving the picket line
d. Crossing the picket line

746. Heated altercations and occasional blows exchanged on the picket line
do not affect or diminish the right to strike.
a. True
b. False

747. The ingress to (entrance) and egress from (exit) the establishment struck
against are not part of the strike area and cannot be blocked or picketed.

a. True
b. False

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 748. The use of slanderous, libelous, and obscene language during a strike is
a prohibited act.

a. True
b. False

749. The liability for the commission of illegal acts during the strike should
be determined.

a.Individually
b. Collectively
c. Jointly
d. Severally

750. All defiant strikers irrespective of whether they are union officers or
ordinary members are deemed to have lost their employment status is well
supported by the following except.

a. Existing law
b. Applicable rules
c. pertinent jurisprudence
D. hearsay

751. To determine liability, the union officers who knowingly defied the
order should not be identified.

a. True
b. False

752. Penalty lesser than dismissal may not be imposed for the defiance of
assumption/ certification order.

a. True
b. False

753. The DOLE Secretary can disregard defiance by the strikers of his
orders.

a. True
b. False

754. Employment of unlawful means or commission of prohibited acts or

practices would make the strike illegal.

a. True
b. False

755. The respective liabilities of striking union officers and members who
failed to comply with the assumption/certification order and/or its accompanying
return-to-work order are outlined under what article of the Labor Code.

a. 279 (264)
b. 269 (254)
c. 259 (244)
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 D. 249 (234)

756. Article 278 (263) of the Labor Code allows these grounds that may be
invoked in support of a strike or lockout, except

a. Collective bargaining deadlock

b. Unfair labor practice
C. fraud
d. None of the above

757. Strike or lockout can interfere with assumption/ certification order.

a. True
b. False

758. Strikers can invoke good faith where assumption/ certification of the
DOLE Secretary is disregarded.

a. True
b. False

759. A strike becomes automatically illegal upon the Secretary’s assumption

or certification of the dispute to the NLRC for compulsory arbitration.

a. True
b. False

760. A notice of strike which was already assumed/ certified can be invoked
to justify the strike staged after issuance of the assumption/certification order.

a. True
b. False

761. The doctrine which states that labor unions, their officers and
members, are liable for damages committed by some union members during the
course of the strike and picketing is called:
a. Rule of Vicaries Liability
b. Rule of Obstruction
c. Doctrine of Vicarious Liability
d. None of the Above

762. The following are employees who may be dismissed except:

a. Union officers on the basis of the illegality of the strike.
b. Ordinary union members on the basis of their commission of illegal acts in the
course of strike.
c. Strikers who defied the assumption or certification or return-to-work
order.
d. None of the Above.

763. Identify if the following Statements are True or False:

I. Employers has the option to dismiss strikers who defied the
assumption or certification or return-to-work order (errant strikers) without filing
a case in court
II. Employers needs to file a case in court before dismissing errant
strikers
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 a. The first statement is TRUE, and the second statement is FALSE
b. The first statement is FALSE, and the second statement is TRUE
c. Both statements are TRUE
d. Both statements are FALSE

764. Under this doctrine, the employer has the right and prerogative to
hire the services of replacement workers during a strike.
a. Striker Substitution Doctrine
b. Striker Replacement Doctrine
c. Temporary Striker Substitution Doctrine
d. Rule of Temporary Replacement

765. A replacement worker may be hired on a permanent basis in case of:

a. ULP Strike
b. Economic Strike
c. Both a and b
d. Neither

766. A replacement worker may not be permanently employed in case of:

a. ULP Strike
b. Economic Strike
c. Both a and b
d. Neither

767. Identify if the following Statements are True or False

I. In cases where the replacement of strikers are ordered by the court
as mere temporary replacements, they cannot be hired permanently.
II. If a ULP strike is declared illegal, union officers participating in its
staging will lose their employment.

a. The first statement is TRUE, and the second statement is FALSE

b. The first statement is FALSE, and the second statement is TRUE
c. Both statements are TRUE
d. Both statements are FALSE

768. In case of union officers, reinstatement is not proper under any of the
following circumstances, except:
a. Strikers who defied the assumption or certification or return-to-work
order.
b. Knowingly participated in the conduct of an illegal strike
c. Did not knowingly participate in the conduct of an illegal strike
d. Committed any illegal act in a legal strike

769. In case of ordinary union members, reinstatement is not proper under

any of the following circumstances, except:
a. Knowingly participated in an illegal strike
b. Committed any illegal act in a legal strike
c. Strikers who defied the assumption or certification or return-to-work
order.
d. Did not knowingly participate in the commission of illegal acts during a strike.

770. Which of the following statements are TRUE?

I. Strikers who found jobs elsewhere may still be reinstated.

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 II. Reinstatement of strikers will result in the employer’s waiver of its
rights to raise the issue of the illegality of strike.

a. Only I
b. Only II
c. Both I and II
d. Neither I or II

771. The following are the exception to the “no backwages” rule, except:
a. When the employees did not participate in the strike but were practically
locked-out by employer
b. When the employer is guilty of the grossest form of unfair labor practice.
c. When the employer committed discrimination in the rehiring of strikers
refusing to readmit those against whom there were pending criminal cases while
admitting non-strikers who were also criminally charged in court
d. None of the Above

772. During a strike against X corporation, management officials and

employees were prevented from leaving the company premises, does this constitute
illegal detention under the Revised Penal Code?
a. Yes, the act will constitute serious or slight illegal detention.
b. No, the act does not constitute as serious or slight illegal detention
because the deprivation of liberty of the management officials and employees is an
outcome of picketing.
c. The data is insufficient.
d. Yes, as a general rule the act of the strikers in preventing management
officials and employees from leaving the company premises is illegal and may constitute
either serious or slight illegal detention under Articles 267 and 268, respectively, of the
Revised Penal Code.

773. X, an employee of Y corporation, participated in a strike as such he

was deemed absent by his employer and he was not paid. When he received his
salary he complained to the deductions made by his employer. He contended that Y
Corporation should have given him his usual salary despite his participation in the
strike. Is X’s contention correct?
a. Yes, X’s contention is correct. Strikers should be paid their regular wages
during the period of strike.
b. No, X’s contention is wrong. Workers absence from work as a result of a strike
must seek reimbursement for his wages from his union which declared the strike.
c. Yes, X’s contention is correct. Jurisprudence holds that employers are
bound to pay strikers their regular wages as they are merely exercising their right to
strike as granted in the constitution.
d. No, X’s contention is wrong. Employees who participate in a strike,
irrespective of whether it is legal or illegal are not entitled to their wages during the
period of strike pursuant to the principle of no work, no pay.

774. This requires the attendance of any of the just and authorized causes
for terminating an employee as provided under Article 297 (termination by
employer), or Article 298 (closure of establishment and reduction by employer), or
Article 299 (disease as ground for termination).
a. Procedural Due Process
b. Twin-notice requirement
c. Substantive Due Process
d. Illegal Strike

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 775. Article 279(a) contemplates the following causes for the dismissal of
an employee:
a. Unlawful picketing and Participation in an illegal picketing
b. Unlawful lockout and Participation in an illegal strike
c. Illegal strike and Participation in an illegal picketing.
d. None of the Above

776. X engaged in a strike-related violence, as a consequence he was

dismissed by ABC Inc., outright. X contended that he was deprived of due process,
hence the nature of his dismissal is illegal. ABC Inc. on the other hand, took the
view that in the dismissal of employees for strike-related violence, it is sufficient to
merely declare the latter to have lost their employment without having to comply
with any procedure for their termination. Is X’s allegation Correct?
a. No, X’s allegation is not meritorious. The employer has the option to file a
case first in court to obtain a declaration of the illegality of the strike.
b. Yes, X’s allegation is with merit. Mere declaration by employer that
strikers have lost their employment status without complying with the procedural due
process, not legally sufficient.
c. No, X’s allegation is without merit. There is no dispute that ordinary
union members could be dismissed for participating in an violence-related strike, or
committing illegal acts during the strike or both.
d. Yes, X’s allegation is meritorious. If the strike is declared illegal, the employer
may be authorized to terminate the employment of members who knowingly participated
in the illegal strike.

777. The reinstatement of strikers will result in the employer’s waiver of

its right to raise the issue of the illegality of the strike under any of the following
circumstances, except:
a. None of the above
b. When the employer expressly waives such right.
c. When the employer unconditionally reinstates the strikers without
qualification as to its effect on its right to pursue the declaration of the illegality of the
strike.
d. When the employer reinstates without making any reference to the pending
case involving the illegality of the strike.

778. During a strike Y, a member of a union, destroyed and vandalized

the property of XYZ corporation. Determine the validity of the following statement:
I. Only union officers will be liable to the damages incurred during the strike.
II. Labor unions and their officers and members may be liable for damages
for the illegal acts committed during the course o f the strike.
III. Only Y is liable for his actions.

a. Only I is true
b. Only II is true
c. Only III is true
d. All statements are true
e. All statements are false

779. In case a PNP peacekeeping team is requested, members of the team

shall observe the following, in the exercise of their peace-keeping functions:
a. Shall oversee monitoring and heightened coordination efforts, including
the mobilization of the Inter-Agency Coordinating and Monitoring Committee.
b. Heighten the coordination between the Office of the DOLE Secretary and the
NCMB during the actual strike or lockout.
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 c. Observe courtesy and strict neutrality, bearing in mind that the parties to
the labor dispute are not their adversaries but their partners in the quest for industrial
peace and human dignity.
d. Disperse the strike because it is disrupting the peace in the community.

780. When an actual strike or lockout occurs, the following shall be

undertaken:
a. Heightened coordination between the Office of the DOLE Secretary and
the NCMB during the actual strike or lockout.
b. Observe courtesy and strict neutrality, bearing in mind that the parties to the
labor dispute are not their adversaries but their partners in the quest for industrial peace
and human dignity.
c. Disperse the strike because it is disrupting the peace in the community.
d. All of the above

781. The employer has the right to dismiss the following employees who
participated in a strike, EXCEPT for:
a. Union officers on the basis of the illegality of the strike;
b. Ordinary union members on the basis of their commission of illegal acts in
the course of the strike;
c. Strikers who defied the assumption/certification or return-to-work order;
d. Managerial and supervisorial employees

782. During a strike, the employer has the right and prerogative to hire the
services of replacement workers under what doctrine?
a. Replacement doctrine
b. Substitution doctrine
c. Striker replacement doctrine
d. Replacement workers doctrine

783. Statement 1: Employees who participate in a strike, irrespective of

whether it is legal or illegal, are not entitled to their wages during the period of
strike pursuant to the principle of "a fair day's wage for a fair day's labor" or
simply, "no work, no pay."

Statement 2: An exception to the application of the principle of "no work, no

pay" is when there is mutual agreement between the management and the union,
reflected either in a CBA or in some other instruments, on the payment of wages
and benefits to the employees during the duration of strike or the so-called "strike
duration pay."

a. Only Statement 1 is correct

b. Only Statement 2 is correct
c. Both statements are correct
d. Both statements are incorrect

784. Under the rule of vicarious liability, the following can be held liable
for such acts even if they have not committed the illegal acts themselves but the
same were committed by their members, except for:

a. labor unions
b. employers
c. officers of labor unions
d. labor union members

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 785. Statement 1: There are two options on how employer may dismiss
errant strikers

Statement 2: One of the options is the option to dismiss the errant strikers
without filing a case in court

a. Only Statement 1 is correct

b. Only Statement 2 is correct
c. Both statements are correct
d. Both statements are incorrect

786. Statement 1: Employers may lose their right and prerogative to take
disciplinary action against errant strikers under certain circumstances which
indicate that they are equally guilty of committing certain illegal acts towards the
latter.

Statement 2: The employer may file first a case and wait for its resolution
before dismissing the errant strikers

a. Only Statement 1 is correct

b. Only Statement 2 is correct
c. Both statements are correct
d. Both statements are incorrect

787. Statement 1: The procedural due process that must be observed

varies depending on which of the two (2) options above has been chosen and taken
by the employer. Hence, while the requirement of due process must be followed in
the first option, the same is not necessary in the second.

Statement 2: The matter of declaring loss of employment status of the errant

strikers, unless done by the proper labor tribunal or court in an appropriate
proceeding, cannot be unilaterally made by the employer in terminating their
employment without first observing procedural due process.

a. Only Statement 1 is correct

b. Both statements are correct
c. Only Statement 2 is correct
d. Both statements are incorrect

788. In case of an ____________ - the replacement workers may be hired

on a permanent basis.
a. union strike
b. economic strike
c. retrenchment
d. global strike

789. Statement 1: Hiring of replacements for strikers who refuse to comply

with return-to-work order is valid.

Statement 2: Strikers who failed to report for work without proper

justification and despite the order reinstating them to their jobs are deemed to have
forfeited their right to reinstatement.

Statement 3: Right to backwages is absolute.

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 a. All statements are correct
b. Statements 1 and 2 are correct
c. Only Statement 2 is correct
d. Statements 1 and 3 are correct

790. The following are the exceptions to the “no backwages” rule
,EXCEPT:
a. When the employees did not participate in the strike but were practically
locked out by the employer
b. When the employer is guilty of the grossest form of unfair labor practice.
c. When the employer committed discrimination in the rehiring of strikers
-refusing to readmit those against whom there were pending criminal cases while
admitting non-strikers who were also criminally charged in court.
d. There are no exceptions to the exceptions.

791. Statement 1: The strikers whose dismissal is declared illegal are not
entitled to attorney’s fees.

Statement 2: The legal basis for the non-entitlement is Article 2208(2) of the
Civil Code.

a. Only Statement 1 is correct

b. Both statements are correct
c. Only Statement 2 is correct
d. Both statements are incorrect

792. Any person performing any of the prohibited activities mentioned in

Article 279 [264] may be charged before the ___________________.
a. criminal courts
b. civil courts
c. civil and criminal courts
d. labor courts

793. If the person convicted is a foreigner, he shall be subjected to

immediate and summary deportation and will be ____________ barred from re-
entering the country without the special permission of the President of the
Philippines.
a. temporarily
b. permanently
c. conditionally
d. occasionally

794. Statement 1: The act of the strikers in preventing management

officials and employees from leaving the company premises is illegal and may
constitute either serious or slight illegal detention under Articles 267 and 268,
respectively, of the Revised Penal Code.

Statement 2: If both parties have acted in pari delicto in that the employer is
guilty of illegal lockout and the union is culpable for illegal strike, the dismissal of
the striking employees is 1D1warranted and their reinstatement should be ordered
as a matter of course.

a. Only Statement 1 is correct

b. Both statements are correct
c. Only Statement 2 is correct
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 d. Both statements are incorrect

795. Who issued the “Guidelines on Removal of Illegal Blockades at

Factory Gates”
a. Labor Arbiter
b. Supreme Court
c. DOLE Secretary
d. Labor Union

796. Statement 1: The right of workers to stage a strike and/or peaceful

picketing in accordance with law must be respected and protected at all times.

Statement 2: Peaceful picketing is part of the freedom of expression

guaranteed under the Constitution and must therefore be protected.

a. Only Statement 1 is correct

b. Both statements are correct
c. Only Statement 2 is correct
d. Both statements are incorrect

797. Any request for PNP assistance made by DOLE and/or its
appropriate agencies shall be __________, specifying the acts to be performed or
conducted by PNP and shall be addressed to the PNP Regional Director or the City
Police Director, in the case of highly urbanized cities, or the Provincial Director in
the case of municipalities and component cities.

a. coordinated with
b. made orally
c. in writing
d. voluntary

798. The ICMC may develop a tripartite social accord to govern the
conduct of all parties involved in the labor disputes, which may contain the
following:
I. Enforcement of non-entry of scabs or individuals to replace strikers;
II. Enforcement of free ingress to and egress from employer's premises;
III. The strike/picket paraphernalia are safe from any undue destruction;
IV. The duty/responsibility of the union to lift the picket/strike after a
lawful Older, and dismantle and remove the picket/strike paraphernalia from the
area

a. I and II are correct

b. II and IV are correct
c. All are correct
d. II and III are correct

799. Statement 1: Obstructions on places and thoroughfares devoted to

public use such as streets, sidewalks, alleys and the like are nuisance per se.

Statement 2: Obstructions in points of egress and ingress within private

properties during a labor dispute, although likewise prohibited under the law, can
be summarily demolished by Jaw enforcement authorities.

a. Both statements are incorrect

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

800. The two types of employees involved in a ULP strike are:

(1) Those who are discriminatorily dismissed for union activities and,
therefore, entitled to backwages from the date of the act of discrimination, that is,
from the day of their discharge; and

(2) Those who voluntarily go on strike as a form of protest against what

they considered ULP of their employer and, therefore, are held generally not
entitled to backwages.

a. Both statements are incorrect

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

801. Statement I - In case of agreement by the parties, extra case must be

taken in finalizing the agreement in order to minimize doubtful or vague
interpretation that might result to further disagreement of worsening of the
problem.
Statement II - The NCMB Conciliator-Mediator must see to it that the
agreement must be clear and concise and must contain all points of the parties’
understanding.
Statement III - The conclusion of an agreement does not per se terminate the
responsibility of the Conciliator-Mediator over the case. He must monitor the
implementation and compliance therewith to ensure that the parties have indeed
normalized their relationship.
A. All statements are true
B. All statements are false
C. Only II and III are true
D. Only I is true

802. Under Article 281 of the Labor Code, it states that no union members or
union organizers may be arrested or detained for union activities without previous
consultations with the Secretary of Labor. What are the two (2) exceptions?

A. Criminal cases in general

B. Civil cases in general
C. Cases on national security and public peace
D. Crimes punishable under the law

803. With regard to assistance to labor organizations,

______________________ is the lead agency of the government tasked to protect the
interest of labor.

A. NCMB
B. DOLE
C. DOJ
D. NLRC

804. Statement I - At the initiative of the Secretary of Labor, special

assistance shall be extended to organizations for the purposes of collective
bargaining, of the most underprivileged workers who, for reasons of occupation,

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 organizational structure or insufficient incomes are not normally covered by major
labor organizations and federations.
Statement II - The Congress shall give the highest priority to the enactment
of measures that protect and enhance the right of all people to human dignity,
reduce social economic and political inequalities, and remove cultural inequities by
equitably diffusing wealth and political power for the common good.
Statement III - The State shall afford full protection to labor, local and
overseas, organized and unorganized, and promote full employment and equality of
employment opportunities for all.

A. All statements are false

B. All statements are true
C. Only I and III are true
D. Only II is true

805. This institute is attached to the DOLE for policy and program
coordination and administrative supervision. Particularly, this institute renders
technical and other forms of assistance to labor organizations and employer
organizations in the field of labor education.

A. Institute of Labor and Manpower Studies

B. Center for Labor Studies
C. Institute of Studies in Labor
D. Institute for Labor Studies

806. Article 284 of the Labor Code states that all aliens , natural or juridical,
as well as foreign organizations, are strictly prohibited from engaging, directly or
indirectly, in all forms of trade union activities. The following are exception to the
rule except?

A. Continuity of normal contracts with international labor centers

B. Directors born of foreign and Filipino parents
C. Right of aliens to self-organization
D. Rule of reciprocity

807. Any alien seeking admission to the Philippines for employment purposes
and any domestic or foreign employer who desires to engage an alien for
employment in the Philippines, is required to obtain an employment pass from the
Department of Labor and Employment.

A. True
B. False
C. It depends upon the situation
D. Somewhat true

808. An alien is not allowed to transfer to another job or change his employer
without prior approval of the Secretary of the Department of Labor and
Employment.

A. True
B. False
C. It depends upon the situation
D. Somewhat true

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 809. Statement I - The prohibition on prohibiting foreign individual,
organization or entity to give any donations, or grants or other forms of assistance
to any labor organization or union, is ABSOLUTE.
Statement II - The obvious reason behind the strict regulation of foreign
donations, grants and other forms of assistance is to prevent undue influence,
intervention and interference by foreign organizations on the local employers’
organization which may run counter to our national policy, endanger our national
security and hamper our social and economic development goals.
Statement III - Foreign donations may be allowed provided that the
Secretary of the Department of Labor and Employment has permitted such.
A. All statements are true
B. All statements are false
C. Only II and III are true
D. Only III is true

810. Statement I - No labor organization or its officers and members are

allowed to accept any assistance from any alien, foreign organization, entity or
international labor center in relation to trade union activities without previous
written permission by the DOLE Secretary.
Statement II - The application for such permission should be filed with the
Bureau of Labor Relations.
Statement II - Recipients of donations, grants or other forms of assistance
are required, whenever appropriate, to submit a quarterly written report on such
donations, grants or other forms of assistance received, including benefits received
by workers, or otherwise submit a report upon the termination of such donation,
grants or assistance.
A. All the statements are true
B. All the statements are false
C. Only I is true
D. Only II and III is true

811. Statement I - The prohibition against foreign assistance by aliens

embodied in the law does not apply to employers.
Statement II - Labor organizations, whether legitimate or illegitimate, are
required to make a disclosure of donations, donors and their purposes in their
annual financial reports to the Labor Relations Division concerned.
Statement III - The United Nations or its specialized agencies or units no
longer need to adviser the Bureau of Labor Relations for any donations they are
about to give.
A. All the statements are true
B. All the statements are false
C. Only I and III are true
D. Only II is false

812. Foreign intervention in organizations of farm tenants and rural workers

are likewise prohibited under Article 286 of the Labor Code. In case of any
donations, grants or other forms of assistance, such will be regulated by the
__________________.

A. Secretary of DOLE
B. Secretary of DAR
C. Secretary of DFA
D. Secretary of DTI

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 813. Chapter IV on Labor Relations, particularly Article 287,specifically
criminalizes the commission of any of the prohibited acts mentioned in Article 279
of the Labor Code by imposing the penalty of a fine not less than _______________
nor more than ________________ and/or imprisonment for not less than three (3)
months nor more than three (3) years, or both such fine and imprisonment, at the
discretion of the court.

A. ₱1,000-10,000
B. ₱10,000-₱20,000
C. ₱20,000-₱30,000
D. ₱30,000-40,000

814. Pursuant to the implementation of Batas Pambansa Bilang 227, the

Department of Justice issue Circular No. 15, Series of 1982 and Circular No. 9,
Series of 1986, requiring all government prosecutors to first secure the
__________________ of the Department of Labor and Employment and/or the
Office of the President before taking cognizance of complaints for preliminary
investigation and the filing in court of the corresponding information in cases
arising out of, or related to, a labor dispute.

A. Permit
B. Permission
C. Clearance
D. Order
815. jurisdiction over any criminal action under Article 287 of the Labor
Code, as amended but subject to the required clearance from the DOLE on cases
arising out of or related to a labor dispute pursuant to the Ministry of Justice (now
the Department of Justice) Circular No. 15, Series of 1982, and Circular No. 9,
Series of 1986.
A. True
B. False
C. It depends upon the penalty of the case
D. It depends upon the offense committed
816. Statement I - Report of any violations by aliens may be filed directly
with the BLR or DOLE Regional Office having jurisdiction of the place where the
violation is alleged to have been committed.
Statement II - The DOLE Regional Director of the BLR Director may, motu
propio, conduct an investigation of any such violation.
Statement III - The report of violation should be sufficient in form if it
contains the name and address of the alleged violator, a brief statement or
description of the trade union activity engaged in, and the name and address of the
party reporting the alleged violation.
A. All the statements are true
B. All the statements are false
C. Only III is true
D. Only I is true
817. Statement I - Article 288 [273] enumerates the duties of the Secretary of
Labor, one of which is visitorial power.
Statement II - Visitorial power refers to the right of the Secretary of Labor
to inquire into the financial activities or labor organizations, whether legitimate or
illegitimate, upon the filing of a complaint under oath and duly supported by the
written consent of at least twenty percent (20%) of the total membership of the
organization concerned.

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 Statement III - The purpose is to examine liquidation reports and other
records to determine compliance or non-compliance with the law and to prosecute
any violations of the law and the union constitution and by-laws.
A. All the statements are true
B. All the statements are false
C. Only I is true
D. Only II and III are true
818. The DOLE Secretary or his duly authorized representative may, from
time to time, call a national, regional or industrial tripartite conference of
representatives of government workers and employers for the consideration and
adoption of voluntary codes of principles designed to promote industrial peace
based on social justice or to align labor movement relations with established
priorities in economic and social development.
A. True
B. False
C. It depends upon the approval from the Office of the President
D. It depends upon the approval of the Congress.
819. Statement I - Article 291 [276] of the Labor Code states that the terms
and conditions of employment of all government employees, including employees of
government-owned and controlled corporations, shall be governed by the Civil
Service law, rules and regulations.
Statement II - The Civil Service encompasses all branches and agencies of
the government, excluding government-owned and/or controlled corporations with
original charters.
A. Both are true
B. Both are false
C. Only I is true
D. Only II is true
820. Statement I - All unions are authorized to collect reasonable
membership fees, union dues, assessments and fines and other contributions for
labor and research, mutual death and hospitalization benefits, welfare fund, strike
fund and credit and cooperative undertakings.
Statement II - Any employee, whether employed or a definite period or not,
shall, beginning on his first day of service, be considered as an employee for the
purposes of membership in any labor union.
Statement III - No docket fee shall be assessed in labor standards disputes. In
all other disputes, docket fees may be assessed against the filing party, provided that
in bargaining deadlock, such fees shall be shared equally by the negotiating party.
A. All the statements are true
B. All the statements are false
C. Only III is true
D. Only I is true

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