Labrel Q1

1) True/False
I. Independent legal personality of an affiliate union is not affected by affiliation

II. The affiliate union is a separate and distinct voluntary association owing its creation to
the will of its members.
a) Both are correct.

b) Both are wrong.
c) Only I is correct
d) Only II is correct
BASIS: Adamson v. CIR, G.R No L- 45824, Insular Hotel Employees Union v, Waterfont
Hotel G.R L-174040-41
2) The proper terms to describe the relationships with federation or national union are:
______________ for Independently Registered Union and __________for Local Chapter
or Chartered Local.
a) Affiliation, Chapter
b) Affiliation, Chartering
c) Chartering, Affiliation
d) Chapter, Affiliation
BASIS: Section 1[a], Rule 1, Book V, Rules to Implement the Labor Code
3) Disaffiliation does not divest an affiliate union of its _________________.
a) Legal status
b) Personality
c) Legal personality
d) None of the above
BASIS: Philippine Skylanders, Inc. vs. NLRC, G.R. No. 127374, Jan. 31, 2002.
4) Disaffiliation of an affiliate union is not an act of _________________.
a) Disloyalty
b) Misconduct
c) Serious misconduct
BASIS: People's Industrial & Commercial Employees &Workers Organization vs.
People's Industrial And Commercial Corporation, G.R. No. 37687 March 15, 1982.
5) Which of the following refers to a group of employees sharing mutual interests within
a given employer unit, comprised of all or less than of the entire body of employees in the
employer unit or any specific occupational or geographical grouping within such employer
unit?
a) Employer Unit
b) Geographical Unit
c) Collective Bargaining Unit
d) Occupational Unit
BASIS: Section 1, Rule 1, Book V of the Rules to Implement the Labor Code, as amended
by Department Order No. 40-03, Series of 2003
6) Which of the following is correct regarding the principles of disaffiliation?
a) The issue of disaffiliation is not an inter-union conflict, the jurisdiction of which properly
lies with the Labor Arbiter and not with the Bureau of Labor Relations (BLR).
b) The issue of disaffiliation is an inter-union conflict the jurisdiction of which properly lies
with the Labor Arbiter and not with the Bureau of Labor Relations (BLR).
c) The issue of disaffiliation is not an inter-union conflict, the jurisdiction of which properly
lies with the Bureau of Labor Relations (BLR) and not with the Labor Arbiter
d) The issue of disaffiliation is an inter-union conflict the jurisdiction of which
properly lies with the Bureau of Labor Relations (BLR) and not with the Labor
Arbiter
RATIONALE: In the case of Philippine Skylanders Inc. vs NLRC, the Supreme Court held
that the issue of disaffiliation is an inter-union conflict the jurisdiction of which properly
lies with the Bureau of Labor Relations (BLR) and not with the Labor Arbiter.
7) The following are the requisites for a valid invocation of protest, except?
a) Any party-in-interest may file a protest with the Election Officer based on any
issue arising from the (certification election’s) conduct or from its results.
b) The protesting party should specify the grounds for protest
c) The protesting party must formalize its protest with the Mediator-Arbiter with
specific grounds, arguments and evidence within five days after the close of the
election proceedings.
d) The protest not so raised immediately after last ballot cast are not deemed
waived
RATIONALE: The Labor Code provides the following requisites for a valid invocation of
protest:
1. Any party-in-interest may file a protest with the Election Officer based on any issue
arising from the (certification election’s ) conduct or from its results.
2. The protesting party should specify the grounds for protest
3. The protesting party must formalize its protest with the Mediator-Arbiter with specific
grounds, arguments and evidence within five days after the close of the election
proceedings.
8) The following are not allowed to file a protest, except?
a) A labor union which is not a participant in the certification election

b) An employer being legally treated merely as a bystander
c) A union this has disaffiliated from its mother federation and which has no
independent registration
d) A party-in-interest or union-in-interest
RATIONALE: The following are not allowed to file a protest, as provided for by law:
1. A labor union which is not a participant in the certification election
2. An employer being legally treated merely as a bystander
3. A union that has disaffiliated from its mother federation and which has no independent
registration
9) The following are correct regarding GLOBE DOCTRINE, except:
a) This principle is based on the will of the employees

b) It was first enunciated in the case of Globe machine and stamping Co.
c) the determining factor is the desire of the workers themselves.
d) a certification election should be held in one place
RATIONALE: A certification of election can be held separately and would still be

considered as one unit. Even if there were three separate units.
10) In a case did the Supreme Court declare that geographical location can be completely
disregarded if this condition is present
a) the locations do go beyond inter-provinces

b) the representatives of the separate units must meet regularly
c) the distance among the units does not exceed 200 kilometers
d) the communal or mutual interest of the employees are not sacrificed.
BASIS: San Miguel Corporation Supervisors and Exempt Employees Union vs.
Laguesma
11) The determination of the appropriate bargaining unit based on the ______________
of the employees is considered an acceptable mode.
a) permanent status
b) casual status
c) employment status
d) salary grade
RATIONALE: Casual employees and those employed on a day-to-day basis do not have
the mutuality or community of interest with regular and permanent employees.
12) Despite the collective bargaining history of having a seprate bargaining unit for each
sales office, the Supreme Court applied tye principle of mutuality of commonality of
interest in holding that the appropriate bargaining unit is comprised of all the sales force
in the while of Northern Luzon.
a) International School Alliance vs Quisimbing

b) San Miguel Corporation vs Laguesma
c) National Association of Free Trade Unions vs. Mainit Lumber Development
Company Workers Union.
d) Belya Corporation vs. Ferrer-Calleja
BASIS: San Miguel Corporation Supervisors and Exempt Union v. Laguesma, G.R. No.
110399, August 15, 1997
13) Refers to a legitimate labor union duly certified as the sole and exclusive bargaining
representative or agent of all the employees in the collective bargaining unit (CBA).
a) Sole and exclusive bargaining agent (SEBA)

b) Exclusive bargaining representative
c) Legitimate union representative
d) Exclusive labor union agent
BASIS: SEBA 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
(CBU) (Art 219 (j) Labor Code).
14) The Supreme Court in this case ruled that it is beyond questions that the employees
that the livestock-agro division of the corporation perform work entirely different from
those being performed by the employees in the supermarts and cinemas.
a) San Miguel Corporation vs. Laguesma

b) ATLAS Farms, Inc. vs. NLRC
c) Belyca Corporation vs. Ferrer-Calleja
d) Democratic Labor Association vs. Cebu Stevedoring Co., Inc.
BASIS: Belyca Corporation vs. Ferrer-Calleja; GR 77395, November 29, 1988
15) TRUE OR FALSE
1. The SEBA represents only its members

2. The SEBA is selected by the minority group
a) True, True
b) True, False
c) False, True
d) False, False
RATIONALE: The SEBA, once certified represents not only its members but also those
who are members of other unions called the minority unions who are included in the CBU.
The SEBA is selected by the majority of the employees in an appropriate CBU through
any of the proper certification election processes.
16) TRUE OR FALSE
1. The existence of SEBA does not have the effect of depriving employees, regardless
when they are members or non-members of the SEBA to exercise their right at any
time to present grievances to the employer.
2. Only labor organizations selected by the majority if the employees can act as
exclusive representative or SEBA.
a) True, True
b) True, False
c) False, True
d) False, False
BASIS: Philippine Diamond Hotel and Resort Inc vs Manila Diamond Hotel Employees
Union
17) Which of the following statements is/are true?
I. The individual employee and/or group of employees referred to in Article 267 of the
Labor Code are (a) members of the SEBA and (b) Non-SEBA members who belong to
another union.
II. An individual employee or groups of employees are allowed to bring grievances directly
to the employer without need to secure the prior consent or participation of the SEBA.
a) Only statement I is true.

b) Only statement II is true.
c) Both statements are true.
d) Both statements are false.
BASIS: Article 267 of the Labor Code.
I. If the grievance or dispute is between an individual employee or group of employees

(but not the SEBA) and the employer, there is no way it could be referred to or processed
through the grievance machinery or voluntary arbitration provided in the CBA.
II. Only disputes involving the union and the company shall be referred to the grievance
machinery or voluntary arbitrators.


19) The right of any employee or group of employees to present this right at any time to
the employer does not imply the right to submit the same to voluntary arbitration.
a) Right to Grievances
b) Right to Collective Bargain
c) Right to Self-Organization
d) Right to Union Membership
BASIS: In the case of Tabigue v. International Copra Export Corporation, reiterating Atlas
Farms v. NLRC, the Supreme Court reasoned that the right of any employee or any group
of employees to, at any time, present grievances to the employer does not imply the right
to submit the same to voluntary arbitration.
20) In this case, the respondent hotel is estopped from questioning the issue of the
identity of the duly recognized union if it did not raise the same in the proceeding before
the NCMB and the Voluntary Arbitrator.
a) Insular Hotel Employees Union – NFL v. Waterfront Insular Hotel Davao

b) Atlas Farms Inc., v. NLRC
c) Heritage Hotel Manila v. DOLE Secretary
d) Associated Labor Unions v. Ferrer-Calleja
BASIS: In the case of Insular Hotel, reiterated in Tabigue, it was held that the respondent
hotel is estopped from questioning the issue of the identity of the duly recognized union
as it did not raise the said issue in the proceedings before the NCMB and the Voluntary
Arbitrator.
21) The SEBA of the employees in a CBU may be determined through any of the
following modes except one:
a) Certification election
b) Consent election
c) Run-off election
d) Re-run election
e) None of the above
RATIONALE: The SEBA of the employees in a CBU may be determined through

Certification election, Consent election, Run-off election, Re-run election and Request for
SEBA certification.
22) Voluntary recognition as a mode of designating SEBA has been repealed and
replaced by the mode known as _______________________________.
a) Run-off election
b) Re-run election
c) Consent election
d) Request for SEBA certification
e) Certification election.
BASIS: Section 3 of Department Order No. 40-I-15 series of 2015
23) In regards to the principles for inter-union or certification/representation disputes,

which of the following not one of them?
a) The employer is a mere bystander

b) The employer is not a party
c) The employer may not oppose the petition for certification election
d) The employer may not petition for certification election
RATIONALE: Art. 271 [258-A] (Employer as Bystander) of the Labor Code. The employer
may file a petition for certification election.
24) When allowed, the employer's participation in the proceedings for the petition for
certification election shall be limited to:
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.
a) Only I
b) Only II
c) Both I and II
d) Neither I or II
BASIS: Art. 271 [258-A] (Employer as Bystander) of the Labor Code.
25) The documentary requirements to request for a union compliance shall indicate the
following, except:
a) The name and address of the requesting legitimate labor organization
b) The name and address of the company where it operates
c) The bargaining unit sought to be represented
d) The statement of the existence/non-existence of employer-employee
relationship
RATIONALE: The Request shall indicate:
a. The name and address of the requesting legitimate labor organization;

b. The name and address of the company where it operates;
c. The bargaining unit sought to be represented;
d. The approximate number of employees in the bargaining unit; and
e. The statement of the existence/non-existence of other labor organization/CBA
26) The Certificate of Registration as duly certified by the president of the requesting
union or Certificate of Creation of Chartered Local as duly certified by the president of the
federation of the local chapter/chartered local is required to be attached to the Request.
Although the 2015 issuance that repealed "voluntary recognition" failed to explain the
rationale behind it, the foregoing disquisition on the bystander role of the employer in the
certification election process is the only logical rationale for such repeal and its eventual
replacement by the mode of filing a Request for SEBA Certification by the union desiring
to be certified as a SEBA, without need to secure first the consent and voluntary
recognition of the employer. And under this new rule, the __________________is duty-
bound to issue such SEBA Certification simply on the basis of the requesting union's
compliance with the requirements.
a) DOLE Regional Director

b) NLRC
c) Employer
d) Arbitrator
RATIONALE: Although the 2015 issuance that repealed "voluntary recognition" failed to
explain the rationale behind it, the foregoing disquisition on the bystander role of the
employer in the certification election process is the only logical rationale for such repeal
and its eventual replacement by the mode of filing a Request for SEBA Certification by
the union desiring to be certified as a SEBA, without need to secure first the consent and
voluntary recognition of the employer. And under this new rule, the DOLE Regional
Director is duty-bound to issue such SEBA Certification simply on the basis of the
requesting union's compliance with the requirements.
27) Which of the following belongs to the three scenarios involving a request for SEBA
Certification?
a) Request for certification in unorganized establishment with only one (1)

legitimate union;
b) Request for certification in unorganized establishment with more than one (1)
legitimate labor organization
c) Request for certification in organized establishment
d) All of the above
RATIONALE: Department Order No. 40-I-15, Series of 2015, has expressly repealed the
entire set of Rules, applicable to Voluntary Recognition, in the Labor Code's Implementing
Rules on Book V and replaced it with the freshly-minted mode of securing the status of s
SEBA through a "Request for SEBA Certification", or simply a "Request".
28) If the DOLE Regional Director finds the establishment unorganized with only one
legitimate labor organization in existence therein, he/she should call a conference within
five working days for the submission of the following, which one is correct?
a) The names of employees in the covered bargaining unit who signify their support
for the SEBA certification, provided that said employees comprise at least majority
of the number of employees in the covered bargaining unit
b) Certification under oath by the president of the requesting union or local chapter/
chartered local that all documents submitted are true and correct based on his/her
personal knowledge
c) Both are correct
BASIS: Department Order No. 40-I-15, Series of 2015, amending D.O No. 40, Series of
2013.
29) Which of the following is NOT true regarding the certification year bar rule?
a) The issuance of the SEBA Certification bars the filing of a petition for
certification election by any labor organization for a period of one year from the
date of its issuance
b) Only upon the expiration of the one-year period may any other legitimate labor
organization file a petition for certification election in the same collective bargaining
unit
c) The certification year bar rule ceases to apply if a CBA between the employer
and the certified SEBA has already been executed and registered with the
Regional Office
d) The SEBA certification gives rise to the rebuttable presumption of
majority status of the applying legitimate labor organization within one year
from the date of issuance
RATIONALE: The majority status of the labor organization is conclusively presumed

within the year of certification. The presumption becomes rebuttable after the lapse of
such period.
30) What is the role of the employer or any of the employer’s representatives during the
certification process?
a) Party-in-interest
b) Bystander
c) Party with right of voluntary recognition
d) Party having the concomitant right to oppose the petition
BASIS: Art. 271 of the Labor Code
31) If the ____________ finds the establishment organized, he/she should refer the same
to the _____________ for the determination of the propriety of conducting a certification
election.
a) Regional Director; Med-Arbiter

b) Regional Director; Labor Arbiter
c) Med-Arbiter; Regional Director
d) Med-Arbiter; Labor Arbiter
BASIS: Section 6, Rule VII, Ibid. in accordance with Rules VIII and IX of the Rules.
32) A certification election is conducted only upon the order of the _______________.

b) Med-Arbiter of the BLR
c) Labor Arbiter
d) Any of the above
Basis: Section 1 [h], Rule I, Book V, Rules to Implement the Labor Code, as amended by
Department Order No. 40-03, Series of 2003, [Feb 17, 2003]
33) The following parties may file a Petition for Certification Election (PCE), except:
a) A national union or federation that has issued a charter certificate to its local
chapter/chartered local
b) The local chapter/chartered local itself which has been issued a charter
certificate by the national union or federation
c) An independently registered union
d) An employer, not requested to bargain collectively in a bargaining unit
where no registered CBA exists
RATIONALE: A PCE may be filed by any legitimate labor organization which includes,
choices a, b, and c; and an employer, when requested to bargain collectively in a
bargaining unit where no registered CBA exists./Article 270 [258], Labor Code.
34) Statement 1: The Labor Code requires that in both organized and unorganized
establishments, a PCE may be filed by any labor organization
Statement 2: The acquisition of rights by any union or labor organization, particularly the
right to file a PCE, first and foremost, depends on whether or not the labor organization
has attained the status of a legitimate labor organization.
a) Statement 1 is correct
b) Statement 2 is correct
c) Both statements are correct
d) Both statements are not correct
BASIS: In Progressive Development Corp.-Pizza Hut v. Laguesma, G.R. No. 115077,

April 18, 1997, it was held that the Labor Code requires that in both organized and
unorganized establishments, a PCE must be filed by a legitimate labor organization.
35) A PCE should be filed with the ____________ which issued the petitioning union's
certificate of registration or certificate of creation of chartered local.
a) RTC
b) NLRC
c) DOLE Regional Office
d) MTC
BASIS: Section 2, Rule VIII, Book V: Rules to Implement the Labor Code.
36) In all cases, whether the PCE is filed by__________________, the employer shall
not be considered a party thereto with a concomitant right to oppose the PCE. 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 (Mediator-Arbiter) act favorably on the petition.
a) an employee or a legitimate labor organization

b) an employer or the party
c) an employer or a legitimate labor organization
d) a party or the employee
BASIS: Section 1, Rule VIII, Book V. Rules to Implement the Labor Code.
37) The Election Officer is authorized to conduct:
a) Certification, consent, run-off or re-run elections

b) Elections of union officers
c) Other forms of elections and referenda
d) All of the above.
BASIS: Section 1 [o], Rule I, and Section 2-5, Rule XII, Book V, Rules to Implement the
Labor Code, as amended by Department Order No. 40-03, s.2003
The actual certification election is conducted by the “election officer” who is an officer of
the BLR or the Labor Relations Division in the DOLE Regional Office authorized to
conduct: (1) Certification, consent, run-off or re-run elections; (2) Elections of union
officers; and (3) Other forms of elections and referenda.
38) Petition for Certification Election (PCE) is heard and resolved by the:

b) SEBA
c) Election Officer
d) MedIator-Arbiter
BASIS: Section 2, Rule VIII, Book V, Rules to Implement the Labor Code, as amended
by Department Order No. 40-03, s.2003
39) It refers to an enterprise where there exists a Sole and Exclusive Bargaining Agent
(SEBA), regardless of whether a Collective Bargaining Agreement has been concluded
or not by such SEBA with the employer.
a) Organized establishment
b) Unorganized establishment
c) Authorized enterprise
d) Unauthorized enterprise
BASIS: Section 1, Rule I, Book V, Rules to Implement the Labor Code, as amended by
DO No. 40-03, s. 2003 (17 February 2003)
40) It is a firm or company where there is no certified Sole and Exclusive Bargaining
Agent or SEBA.
a) Organized establishment
b) Unorganized establishment
c) Authorized enterprise
d)Unauthorized enterprise
41) To ascertain the will of the employees in the appropriate CBU, the Med Arbiter is
required to automatically order the conduct of a certification election by _____ in an
organized establishment as soon as certain requisites are followed.
a) open ballot
b) raising of hands
c) shouting of votes
d) secret ballot
BASIS: Article 268 [256] entitled "Representation Issue in Organized Establishments"
42) It is only during the _____ freedom period that a PCE may be filed by a challenging
union.
a) 15-day
b) 20-day
c) 30-day
d) 60-day
BASIS: Article 268 [256] entitled "Representation Issue in Organized Establishments"
43) What is the purpose of the 25% written support?
a) Ensure that the petitioning union has a substantial interest in the

representation proceedings and that a considerable number of workers
desire their representation by the said petitioning union for collective
bargaining purposes.
b) Ensure that the employer has a substantial interest in the representation
proceedings and that a considerable number of workers desire their representation
by the said petitioning union for collective bargaining purposes.
c) Ensure that all unions have a substantial interest in the representation
d) Ensure that the applicants have a substantial interest in the representation
RATIONALE: The reason behind the 25% requirement is to ensure that the petitioning
union has a substantial interest in the representation proceedings and that a considerable
number of workers desire their representation by the said petitioning union for collective
bargaining purposes. Hence, it becomes mandatory for the Med-Arbiter to order the
holding of the certification election upon showing that 25% of the workers in the bargaining
unit signify their support to the PCE.
44) When is it mandatory for the Med-Arbiter to order the holding the certification
election?
a) Upon showing that 25% of the workers in the bargaining unit signify their
support to the PCE.
b) Upon showing that 50% of the workers in the bargaining unit signify their
support to the PCE.
c) Upon showing that 70% of the workers in the bargaining unit signify their
support to the PCE.
d) Upon showing that 100% of the workers in the bargaining unit signify their
support to the PCE.
RATIONALE: The reason behind the 25% requirement is to ensure that the petitioning
union has a substantial interest in the representation proceedings and that a considerable
number of workers desire their representation by the said petitioning union for collective
bargaining purposes. Hence, it becomes mandatory for the Med-Arbiter to order the
holding of the certification election upon showing that 25% of the workers in the bargaining
unit signify their support to the PCE.
45) The Med-Arbiter may dismiss the PCE on any of the following grounds, except:
a) Failure of a local chapter/chartered local or national union/federation to submit

a duly issued Charter Certificate upon filing of the PCE
b) Violation of the various bar rules.
c) In an organized establishment, the failure to submit the 25% consent signature
requirement to support the filing of the PCE
RATIONALE: Rule VIII [Certification Election] Book V of the Rules to Implement the
Labor Code.
46) In the absence of a CBA duly registered in accordance with Article 237 of the Labor
Code, a petition for certification election (PCE) may, as a general rule, be filed at any time
except:
a) Contract bar rule

b) Statutory bar rule
c) Negotiations bar rule
d) All of the above
RATIONALE: Section 3, Rule VIII, Book V, Rules to Implement the Labor Code
47) This rule states that a registered Collective Bargaining Agreement (CBA) cannot be
disturbed.
a) Contract Bar Rule

b) CBA Rule
c) Contract Bar Exclusivity Rule
d) CBA Exclusivity Rule
RATIONALE: Once a CBA is duly registered and validly subsisting, no petition for
certification election or any other action should be entertained that may disturb the
administration of the duly registered existing CBA for its entire 5-year lifetime and outside
the 60-day freedom period immediately before the expiry date of the term.
48) This rule states that a registered Collective Bargaining Agreement (CBA) cannot be
disturbed.
a) Contract Bar Rule

b) CBA Rule
c) Contract Bar Exclusivity Rule
d) CBA Exclusivity Rule
RATIONALE: Once a CBA is duly registered and validly subsisting, no petition for
certification election or any other action should be entertained that may disturb the
administration of the duly registered existing CBA for its entire 5-year lifetime and outside
the 60-day freedom period immediately before the expiry date of the term.
49) Statement I: When there is a problem in the union resulting in an industrial dispute
wherein the CBA can no longer foster industrial peace
Statement II: The conduct of a certification election in such a situation becomes
imperative to clear aby doubt as to the real and legitimate representative of the
employees.
a) Both statements are correct.

b) Both statements are wrong.
c) Only Statement I is correct.
d) Only Statement II is correct.
BASIS: In the Matter of Petition for the Direct Certification or Certification Election,
Finestone Tire and Rubber Company Employees Union vs Estrella, GR No. L-45513-14
50) Statement I: When the CBA was extended during its term as when it was negotiated
and entered into prior to the 30-day freedom period
Statement II: The agreement in this case is deemed hastily entered into in order to
frustrate the will of the employees in choosing their bargaining representative.
a) Both statements are correct.

b) Both statements are wrong.
c) Only Statement I is correct.
d) Only Statement II is correct.
BASIS: Buklod ng Saulog Transit vs Casalla, G.R. No. L-8049
51) Which of the following is/are among the exceptions to the contract bar rule?
a) When the CBA does not foster industrial stability anymore.

b) Where the nature of the operation substantially changes between the execution
of the CBA and the filing of the PCE.
c) Where the CBA is executed before any employees are hired.
RATIONALE: Choices a, b and c are all included in the 11 exceptions to the contract bar
rule where the PCE may be validly filed.
52) When is the CBA deemed to have been renegotiated and concluded prematurely?
a) If the CBA has been done by the employer and the incumbent union which
has yet to be re-certified as the SEBA, prior to the advent of the 60-day
freedom period or during the pendency of a PCE filed by rival union/s
b) If the CBA has been done by the employer and the incumbent union which has
yet to be re-certified as the SEBA, prior to the advent of the 30-day freedom period
or during the pendency of a PCE filed by rival union/s
c) If the CBA has been done by the employer and the incumbent union which has
yet to be re-certified as the SEBA, prior to the advent of the 100-day freedom
period or during the pendency of a PCE filed by rival union/s
d) None of the above.
RATIONALE: There is premature renegotiation and conclusion of the CBA if the same
has been done by the employer and the incumbent union which has yet to be re-certified
as the SEBA, prior to the advent of the 60-day freedom period or during the pendency of
a PCE filed by rival union/s.
53) The validity of a CBA renegotiated and concluded by the employer and the existing
SEBA before the arrival of the 60-day freedom period and even during such period is
unassailable if no PCE is filed by rival union. Is this correct?
a) Yes as the law so provides.

b) No, because the law does not provide.
c) No, because the validity is always unassailable.
RATIONALE: The unassailability of the CBA before and during the given period applies
when there is no PCE filed by the rival union
54) Which of the following statements is correct regarding the Statutory bar rule?
a) Rules to implement the Labor Code embody the rule that bars the filing of
a PCE within a period of one year from the valid conduct of certification,
consent, run-off or re-run where no appeal on the results thereof was made.
b) If there is an appeal made from the order of Med- Arbiter, the running of the one
year period is not suspended.
c) None of the above
d) All of the above
BASIS: Section 3(a), Rule I, Book V, Rules to implement the Labor Code, as amended.
55) A re-run election should be held, in case of failure of election, within _____ from date
of declaration of failure of election.
a) 6 months
b) 6 days
c) 3 months
d) 30 days
BASIS: Section 19, Rule IX, Book V, Rules to Implement the Labor Code, by virtue of the
re-numbering ordered by Section 17, Department Order No. 40-15, Series of 2015
(September 07, 2015).
56) A run-off election is required to be conducted within days from the close of the
election proceedings between the labor unions receiving the highest number of
votes, if there are no objections or challenges which, if sustained, can materially alter the
results.
a) 10, 2
b) 2, 10
c) 15, 3
d) 3, 15
BASIS: Section 19, Rule IX, Book V, Rules to Implement the Labor Code, by virtue of the
re-numbering ordered by Section 17, Department Order No. 40-15, Series of 2015
(September 07, 2015).
57) It is the period when the CBA negotiation must commence after a union has been
certified as SEBA.
a) Certification Year
b) Certified Year
c) Implementation Year
d) Implemented Year.
by Department Order No. 40-F-03, Series of 2008 [October 30, 2008]
58) Refers to the process by which a legitimate labor union is recognized by the employer
as the exclusive bargaining representative or agent in a bargaining unit.
a) Voluntary Recognition
b) Voluntary Certification
c) Voluntary Implementation
by Department Order No. 40-F-03, Series of 2008 [October 30, 2008]
59) This rule is better known as the ________ which is similar to the “certification year”
rule in the United States where it is provided that the collective bargaining negotiations
between the employer and the SEBA should begin within twelve (12) months following
the certification of the latter as SEBA. This rule thus prevents the holding of a new
certification election until the parties have had one year to bargain.
a) Certification year bar rule

b) Negotiations bar rule
c) Bargaining deadlock bar rule
d) Statutory bar rule
BASIS: Section 14 (d), Rule VIII [Certification Election], Book V of the Rules to Implement
the Labor Code, as amended by Department Order No. 40-F-03, Series of 2008 [October
30,2008].
60) Where an appeal has been filed from the order of the Med-Arbiter certifying the
results of the election, the running of the _____ period is deemed suspended until the
decision on the appeal has become final and executory.
a) one year
b) one month
c) one week
d) none of the above
BASIS: Section 3 (a), Rule VIII, Book V, Rules to Implement the Labor Code, as amended
by Department Order No. 40-03, Series of 2003, Feb. 17, 2003.
61) Under this rule, no PCE should be entertained while the sole and exclusive bargaining
agent (SEBA) and the employer have commenced and sustained negotiations in good
faith within the period of one (1) year from the date of a valid certification, consent, run-
off or re-run election or from the date of voluntary recognition.
a) Statutory Bar Rule

b) Negotiations Bar Rule
c) Certification Year Bar Rule
d) Bargaining Deadlock Bar Rule
BASIS: Section 4.2., Rule VII, D.O. No. 40-1-15, Series of 2015. The SEBA certification
shall bar 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. Upon expiration of this 1-year period,
any legitimate labor organization may file a petition for certification in the same bargaining
unit represented by the certified labor organization, unless a CBA between the employer
and the certified labor organization was executed and registered with the Regional Office.
62) Statement I: Once the CBA negotiations have commenced and while the parties are
in the process of negotiating the terms and conditions of the CBA, no challenging union
are allowed to file a PCE that would disturb the process and unduly forestall the early
conclusion of the agreement.
Statement II: There is no law or rule that impose a time limitation or cap as to when the
parties should negotiate and conclude a CBA. The parties have all the freedom and
leeway to negotiate the CBA's terms and conditions without being constrained by any
time restriction.
a) False, False
b) True, False
c) False, True
d) True, True
RATIONALE: The negotiation process may last for days, weeks, months, even years,
and during the entire duration thereof, no PCE may be filed by any challenging union/s.
That once negotiation commences, there is no more period of limitation to reckon with.
63) It is a rule that in case of doubt in the interpretation of the provision of the CBA, the
doubt or ambiguity shall be resolved in favor of the labor. Aside from the Constitution,
what provisions of law should be applied?
a) Art. 1702 of the Civil Code and Art.4 of the Labor Code
b) Art.19 of the Civil Code and Art.4 of the Labor Code
c) Art.172 of the Civil Code and Art. 3 of the Labor Code
BASIS: Article 1702 of the Civil Code provides that all labor legislation and labor
contracts should be construed in favor of the safety and decent living for the laborer;
and Article 4 of the Labor Code which states that all doubts should be resolved in favor
of labor.
64) Fill in the blanks.
I. Article 1702 of the Civil Code which provides that all labor _______ and labor contracts
should be construed in favor of the safety and decent living for the laborer; and
II. Article 4 of the Labor Code which states that all ________ should be resolved in favor
of labor.
a) laws; ambiguity
b) legislation; doubts
c) legislation; ambiguity
d) laws; doubts
BASIS: Art. 1702 of the Civil Code and Art. 4 of the Labor Code
65) Which of the following instances transpired in CMC vs. CMCEA-AFW?
a) There was no bargaining deadlock between respondent CMCEA-AFW and

respondent CM
b) CMC was unwilling to negotiate and reach an agreement with respondent.
c) CMC has not at any instance shown willingness to discuss the economic
proposals given by respondent.
d) All of the choices
BASIS: Capitol Medical Center Affiance of Concerned Employees v. Hon. Laguesma,

G.R. No. 118915, Feb. 4,1997
66) __________ of not having any CBA negotiation because of the pendency of the said
certified case before the NLRC, another union, herein petitioner CMC-ACE-UFSW, filed
a petition for certification election among the regular rank-and-file employees of
respondent CMC.
a) After less than one year.

b) After one year.
c) After more than one year.
d) None of the choices.
BASIS: Capitol Medical Center Affiance of Concerned Employees v. Hon. Laguesma,

G.R. No. 118915, Feb. 4,1997
67) Which of the following situations is an illustration of the case of Capitol Medical
Center?
a) charging the employer with Unfair Labor Practice and conducting strike in
protest against the employer's refusal to bargain
b) charging the employer with Illegal Dismissal for unlawfully removing employees
due to forced efforts to bargain
c) charging the employer with Unfair Labor Practice in protest against the
employer's unjust conditions of work
d) charging the employee fees for damages due to the employer's refusal to
bargain
RATIONALE: Letter (a) is the correct answer because in the case of Capitol Medical
Center, there was proof that the certified SEBA had taken an action to legally coerce the
employer to comply with its statutory duty to bargain collectively.
68) The circumstances in the case of Capitol Medical Center should be considered as
similar in nature to a:
a) Bargaining Deadlock
b) Bargaining Dreadlock
c) Bargaining Negotiation
d) Unfair Labor Practice
RATIONALE: In this case, no certification election could be held.
69) Which of the following is/are the purpose of the double majority rule?
1. To have a valid certification election

2. To declare the winning union that will be certified as SEBA
a) I only
b) II only
c) I or II
d) I and II
RATIONALE: The twin purpose of the double majority is:

1. To have a valid certification election
2. To declare the winning union that will be certified as SEBA.
70) The labor union receiving the majority of the valid votes cast shall be certified as the
________ of all the workers in the unit.
a) Exclusive Bargaining Agent

b) Sole Bargaining Agent
c) Sole and Exclusive Bargaining Agent
d) Sole or Exclusive Bargaining Agent
RATIONALE: Article 268 [256] provides “the labor union receiving the majority of the valid
votes cast shall be certified as the exclusive bargaining agent of all the workers in the
unit.”
71) Eligible voters are voters belonging to the appropriate CBU that is the subject of a
petition for ______, _____, run-off or ________.
a) certification, consent, re-election

b) verification, agreement, election
c) review, consent, election
d) termination, conclusion, election
RATIONALE: Section 1 (q) Rule I, Book V, Rules to Implement the Labor Code, as
amended by Department Order No.40-F-03, Series of 2008 provides that the eligible
voters are voters belonging to the appropriate CBU that is the subject of a petition for
certification, consent, run-off re-election.
72) Employees who have been improperly laid off but who have a ____, _____ right to
or _____ of re-employment, are eligible to vote in certification elections.
a) present, unabandoned, expectation

b) past, abandoned, expected
c) future, unabandoned, expectation
d) present, abandoned, expected
RATIONALE: The Supreme Court ruled in the case of Samahang Manggagawa ng Via
Mare v. Noriel, G.R. L-52169, June 30, 1980 that employees who have been improperly
laid off but who have a present, unabandoned right to or expectation of re-employment,
are eligible to vote in certification elections.
73) Statement 1: The employer is not allowed to wage any campaign against the holding
of the certification election or for or against any of the contending unions.
Statement 2: The act of the employer distributing anti-union paraphernalia to employees
on the day of the election interferes with employee's free choice.
a) Both statements are true

b) Only statement 1 is correct
c) Only statement 2 is correct
d) None of the statements are True
BASIS: The employer is not allowed to wage any campaign against the holding of the
certification election or for or against any of the contending unions, is beyond cavil, it
being settled that the employer is a bystander in such electoral exercise3 and such act
well constitutes ULP.[(Under Article 259(a) (248(a)1, Labor Code.)]
Thus, the act of the employer in distributing anti-union paraphernalia to employees on the
day of the election is held to interfere with employee's free choice, and such objectionable
conduct may be the basis for setting aside the election.(2 Sisters Food Group, Inc. and
United Food and Commercial Waters International Union, Local 1167. 357 NLRB 168,
Dec. 29,2011.)
74) What is the purpose of inspection by the Election Officer of the polling place, the
ballot boxes and the polling booths before the start of the actual voting?
a) to ensure secrecy of the ballot

b) to ensure that no device could record or identify the voter or otherwise
undermine the secrecy and sanctity of the ballot
c) a and b
d) None of the choices
RATIONALE: To ensure secrecy of the ballot, the Election Officer, together with the
authorized representatives of the contending unions shall, before the start of the actual
voting, inspect the polling place, the ballot boxes and the polling booths.
No device that could record or identify the voter or otherwise undermine the secrecy and
sanctity of the ballot shall be allowed within the premises, except those devices brought
in by the Election Officer.
75) Who signs the back of the ballots?
a) Election Officer and authorized representative

b) Labor Arbiter and authorized representative
c) Commissioner and authorized representative
d) Employer as bystander
RATIONALE: All ballots shall be signed at the back by the Election Officer and an
authorized representative each of the contending unions.
76) An authorized representative of any of the contending unions and the employer may
challenge a vote before it is deposited in the ballot box only on any of the following
grounds:
a) That there is no employer-employee relationship between the voter and the

employer
b) That the voter is not a member of the appropriate bargaining unit which
petitioners seek to represent
c) None of the choices
d) All of the choices
RATIONALE: An authorized representative of any of the contending unions and the
employer may challenge a vote before it is deposited in the ballot box only on any of the
following grounds:
a. That there is no employer-employee relationship between the voter and the employer
b. That the voter is not a member of the appropriate bargaining unit which petitioners seek
to represent
77) The Election Officer shall rule on any on-the-spot question relating to and raised
__________.
a) During the conduct of the election.

b) After the conduct of the election.
c) After the pre-election conferences.
d) During the pre-election conferences.
BASIS: Section 10, Department Order No. 40-F-03, Series of 2008.
78) Statement 1: The Mediator-Arbiter shall have custody of all envelopes containing the
challenged votes
Statement 2: The envelopes shall be opened and the question of eligibility shall be passed
upon by the Mediator-Arbiter only if the number of segregated votes will materially alter
the results of the election.
a) Only Statement 1 is correct.

b) Only Statement 2 is correct.
c) Both are correct.
d) Both are not correct.
RATIONALE: The Election Officer shall have custody of all envelopes containing the
challenged votes.
BASIS: Department Order No. 40-F-03, Series of 2008.
79) Who has the authority to rule on the questions of voter-eligibility?
a) Secretary of Labor
b) Election officer
c) Mediator-arbiter
d) Either a or b.
RATIONALE: Section 10 of Department Order No. 40-F-03, Series of 2008 as to the
procedure in the challenges of votes.
80) The following are grounds for challenging a vote:
a) There is no employer-employee relationship between the voter and the

employer.
b) The voter is not a member of the appropriate bargaining unit.
c) Both a and b.
d) Neither a nor b.
RATIONALE: Section 10 of Department Order No. 40-F-03, Series of 2008 as to the

procedure in the challenges of votes.
81) The following requirements, as a matter of procedure, must be complied with in order
that a protest would prosper except:
a) Any party-in-interest may file a protest with the Election Officer based on any
issue arising from the certification election’s conduct or from its results.
b) The protesting party should specify the grounds for protest.
c) The protesting party must formalize its protest with the Mediator-Arbiter, with
specific grounds, arguments, and evidence, within five days after the close of the
election proceedings.
d) General reservation to file a protest shall be allowed.
RATIONALE: Requisites for valid invocation of protest:
1. Any party-in-interest may file a protest with the Election Officer based on any issue
arising from the certification election’s conduct or from its results. Such protest shall
be recorded in the minutes of the election proceedings. Protests not so raised
immediately after the last ballot cast are deemed waived.
2. General reservation to file a protest shall be prohibited. The protesting party should
specify the grounds for protest.
3. The protesting party must formalize its protest with the Mediator-Arbiter, with specific
grounds, arguments, and evidence, within five days after the close of the election
proceedings. If not so recorded in the minutes and formalized within the prescribed
period, the protest should be deemed dropped or waived.
82) It refers to the period from the closing of the polls to the counting and tabulation of
the votes
a) Close of the election proceedings
b) Election day
c) Pre-election conferences
d) Election campaign
RATIONALE: The phrase close of the election proceedings as used in the pertinent
Implementing Rules, refers to the period from the closing of the polls to the counting and
tabulation of the votes.
83) True/False: On the period of protest:
I. The five-day period to file protest is generally strictly observed to avoid undue delay
II. The five-day period to file protest should be treated as a mere technicality which must
not be allowed to prevail over the workers’ welfare.
a) Both Statements are correct

b) Both Statements are wrong
c) Statement I is True
d) Statement II is True
Basis: National Federation of Labor v. Secretary of Labor (G.R104556)
84) Nature of remedies: The challenging of votes is __________ in nature. Protest

is ________ in nature.
a) Substantive, Procedural
b) Substantive, Substantive
c) Procedural, Substantive
d) Procedural, Procedural
BASIS: Section 10, Rule IX, Book V
85) This refers to a ballot that is torn, defaced, or contains markings which can lead
another to clearly identify the voter who casts such vote.
a) Disclosed ballot
b) Spoiled ballot
c) Unsealed ballot
BASIS: As defined under New Section 1 (ww), Rule 1, Book V, Rules to Implement the
Labor Code, as amended by Department Order No. 40-03, Series of 2003, [Feb. 17,
2003].
86) This refers to a blank or unfilled ballot validly cast by an eligible voter. It is not
considered as a negative vote. However, it shall be considered a valid vote for purposes
of determining a valid election.
a) Blank ballot
b) Unfilled ballot
c) Abstention
BASIS: As defined under New Section 1 (a), Rule 1, Book V, Rules to Implement the
Labor Code, as amended by Department Order No. 40-03, Series of 2003, [Feb. 17,
2003], and as further added through the amendment introduced by Section 2, Department
Order No. 40-1-15, Series of 2015 [September 07, 2015], entitled “Further Amending
Department Order No. 40, Series of 2003, Amending the Implementing Rules and
Regulations of Book V of the Labor Code of the Philippines, as Amended.
87) Which of the following refers to the process, voluntarily and mutually agreed upon by
the contending unions, of determining through secret ballot the SEBA of the employees
in an appropriate Collective Bargaining Unit (CBA) for purposes of collective bargaining
with the employer?
a) Voluntary Election
b) Consent Election
c) Certification Election
d) Collective Bargaining Election
BASIS: Section 1, Rule 1, Book V of the Rules to Implement the Labor Code, as amended
by Department Order No. 40-03, Series of 2003
88) Which of the following is not a difference between a consent election and a
certification election?
a) Consent election is held upon the mutual agreement of the contending unions; while
certification election does not require mutual consent of the parties as it is conducted
upon the order of the Med-Arbiter.
b) Consent election may be conducted with or without the control and supervision of the
DOLE; while certification election is always conducted under the control and supervision
of the DOLE.
c) Consent election is being conducted as a voluntary mode of resolving labor dispute;
while certification election is a compulsory method of adjudicating a labor dispute.
d) Consent election is resorted to only when the contending unions fail or refuse
to submit their representation dispute through the certification election; while
certification election is given the highest priority.
RATIONALE: Consent is given the highest priority. Certification election is resorted to

only when the contending unions fail or refuse to submit their representation dispute
through the consent election. Under the Implementing Rules of the Labor Code, as
amended, even in cases where a petition for certification election is filed, the Med-Arbiter
during the preliminary conference and hearing thereon is tasked to determine the
possibility of a consent election.
89) The two situations that justify the conduct of a re-run election are:
I. to break a tie.
II. to cure a failure of election.
III. there was a protest on the result
IV. there was no quorum
a. I and IV
b. II and IV
c. I and III
d. I and II
BASIS: New Section I, Rule I, Book V, Rules to implement the Labor Code as amended
by Department Order no. 40-03, series of 2003
90) The following is/are irregularities that may warrant a re-run election except:
a) disenfranchisement of the voters

b) lack of secrecy in the voting
c) fraud or bribery was employed
d) all of the above
e) none of the above
BASIS: New Section I, Rule I, Book V, Rules to implement the Labor Code as amended
by Department Order no. 40-03, series of 2003
91) Statement I: Parties have the obligation to precipitately agree to proposal of each
other
Statement II: No meeting of the minds, no Collective Bargaining Agreement to speak of.
Statement III: Refusal of a party to sign the fully-concluded CBA is unfair labor practice.
a) Statements I and II are correct

b) Statement I is incorrect
c) All of the statements are correct
d) None of the statements are correct
RATIONALE: Parties have no obligation to precipitately agree to proposal of each other
BASIS: Standard Chartered Bank Employees Union v Confessor Gr. No. 114974 June
16, 2004
92) Allegations of bad faith are wiped out with the signing of the CBA. With the execution
of the CBA, bad faith bargaining generally can no longer be imputed upon any of the
parties thereto. All provisions in the CBA are supposed to have been _____ and
voluntarily incorporated therein by the parties.
a) Singly
b) Jointly
c) Compulsory
d) Collectively
RATIONALE: Allegations of bad faith are wiped out with the signing of the CBA. With the
execution of the CBA, bad faith bargaining generally can no longer be imputed upon any
of the parties thereto. All provisions in the CBA are supposed to have been jointly and
voluntarily incorporated therein by the parties.
BASIS: Standard Chartered Bank Employees Union v Confessor Gr. No. 114974 June
16, 2004
93) The purpose of a _____________ is to give the employees true representation in

their collective bargaining with an employer.
a) consent election
b) run-off election
c) protest
d) certification election
BASIS: Confederation of Citizens Labor Unions vs. Noriel

G.R No. L-56902 September 21, 1982, 116 SCRA 694
94) True or false.
I. The workers' right to self-organization as enshrined in both Constitution and Labor Code
would be rendered nugatory if their right to choose their collective bargaining
representative were denied.
II. The policy of the Labor Code favors the holding of a certification elections as the most
conclusive way of choosing the labor organization to represent workers in a collective
bargaining unit.
III. In case of doubt, the doubt should be resolved against the holding of a certification
election
a) All statements are true

b) All statements are false
c) statement III is false
d) statement I and II are false
RATIONALE: In case of doubt, the doubt should be resolved in favor of the holding of a
certification election.
95) In one case, the court invalidated a certification election upon a showing of
disfranchisement, lack of secrecy in the voting and bribery.
a) Confederation of Citizens Labor Union vs. Noriel

b) LVN Pictures Inc. vs. Phil. Musicians Guild
c) Volkchel Labor Union vs. BLR
d) San Miguel Corporation vs. Laguesma
BASIS: Confederation of Citizens Labor Union vs. Noriel; GR No L-56902, September

21, 1982; 116 SCRA 694
96) Which of the following scenarios that will justify the holding of a re-run election?
I. A tie in a votes occurred between the two unions involve in a run-off
election.
II. At least two of the unions are involved and a tie in the votes occurred
between the two contending unions and the no union choice did not garner the
majority or between one of the two unions and the no union choice.
III. At least three unions are involved and a tie in the votes occurred between
two or more of all the unions and the no union choice muster the majority
a) I only
b) II only
c) I and II
d) I and III
BASIS: Based on the provisions of the implementing rules , the tie contemplated therein
which would justify the holding of a re-run election may occur in any of the following
scenarios:
I. At least 2 unions are involved and a tie in the votes occurred:
a. Between the 2 contending unions and the no union choice did not garner
the majority; or
b. Between 1 of the 2 unions and the no union choice.
II. At least 3 unions are involved and a tie in the votes occurred:
a. Between and among 2 or more or all of the contending unions and the no
union choice did not muster the majority; or
b. Between and among 1 or more of the contending unions and the no union
choice.
III. A tie in the votes occurred between the 2 unions involved in a run-off
election.
97) The re-run election shall be conducted within __ days after the posting of notice.
a) 5
b) 7
c) 10
d) 15
BASIS: Section 18 Rule IX Book V IMPLEMENTING RULES of THE LABOR CODE OF

THE PHILIPPINES as amended by DEPARTMENT ORDER NO. 40-03
98) The Election Officer shall cause posting of the re-run election within __ days from the
certification, consent or run-off elections.
a) 5
b) 7
c) 10
d) 15
BASIS: Section 18 Rule IX Book V IMPLEMENTING RULES of THE LABOR CODE OF

THE PHILIPPINES as amended by DEPARTMENT ORDER NO. 40-03
99) Which of the following is NOT a right of a legitimate labor organization?
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 sue and be sued in its registered name.
d) To own only personal property for the use and benefit of the labor
organization and its members.
BASIS: Article 251 of the Labor Code
100) Which of the following is NOT a right of a legitimate labor organization?
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 immune from suit within the duration of its legitimacy.
d) To own property, whether real or personal, for the use and benefit of the labor
organization and its members.
101) It is a process or device whereby the employer, on agreement with the union
certified as the SEBA, or on prior authorization from its employees, deducts union dues
or agency fees from the employee’s wages and remits them directly to the union.
a) Check-off
b) Assessments
c) Agency Fees
RATIONALE: Check-off is a method deducting by the employer from the employee’s pay
to prescribed period, any amount due for fees, fines or assessment. Strictly speaking, it
is a process or device whereby the employer, on agreement with the union certified as
the SEBA, or on prior authorization from its employees, deducts union dues or agency
fees from the employee’s wages and remits them directly to the union.
102) Which of the following statements is correct in relation to the right to check-off:
I. The right to check-off of union dues or agency fees is available only to the SEBA.
II. The minority union, not being a collective bargaining agent, has no right to check-
off.
III. The employer is not under any legal obligation to check-off any union dues and
assessments for the minority union.
a) Only Statement I
b) Only Statement II
c) Only Statement III
d) All Statements
RATIONALE: The right to check-off of union dues is only available to the SEBA. The
minority union, not being a collective bargaining agent, has no right to check-off. Hence,
the employer is not under any legal obligation to check-off any union dues and
assessments for the minority union.
103) Some principles on CHECK-OFF are the following except one:
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) Check-off is obligatory on the part of the employer.
d) Employer has the obligation to remit directly to the union whatever it has check-
off.
RATIONALE: ART. 250[241] of union dues and special assessment and ART 259[248]
of the labor code on agency fees
104) Without an individual written authorization duly signed by the employee the following
cannot be check-off except one:
a) special assessment
b) attorney's fees
c) negotiation fees
d) any other extra ordinary fees
RATIONALE: The above mentioned cannot be checked-off without an individual written

authorization duly signed by the employee and the authorization should specifically state
the amount, purpose and beneficiary of the deduction.
105) Which of these is not one of the requisites for the validity of the special assessment
for union’s incidental expenses, attorney’s fees, and representation expenses?
a) Authorization by a written resolution of the majority of all the members at the

general membership meeting called for the purpose
b) Secretary’s record of the minutes of the meeting
c) Individual written authorization for check off duly signed by the employees
concerned
d) Submitted for approval at a general membership meeting called for the
purpose
BASIS: Gabriel v. The Honorable Secretary of Labor
106) Unions are authorized to collect reasonable amounts of:
a) Membership fees
b) Union dues
c) Fines
d) All of the above
BASIS: Art. 259 (e) [248 (e)] of the Labor Code
107) The law strictly prohibits the check-off from any amount due an employee who is a
member of the union, of any union dues, special assessment, attorney's fees, negotiation
fees or any other extraordinary fees other than for mandatory activities under the Labor
Code, without the individual’s ___________________duly signed by the employee.
a) Oral authorization
b) Written authorization
c) Human Resources authorization
d) CEO authorization
RATIONALE: The law strictly prohibits the check-off from any amount due an employee
who is a member of the union, of any union dues, special assessment, attorney's fees,
negotiation fees or any other extraordinary fees other than for mandatory activities under
the Labor Code, without the individual written authorization duly signed by the employee.
Such authorization must specifically state the amount, purpose and beneficiary of the
deduction. The purpose of the individual written authorization is to protect the employees
from unwarranted practices that diminish their compensation without their knowledge or
consent.
108) Under which of the following cases is individual written authorization is not required?
a) Assessment from non-members of the SEBA of "necessity fees" which

should be equivalent to the dues and other fees paid by members of the
SEBA, if such non-members accept the benefits under the CBA
b) Deductions for fees for mandatory activities such as labor relations seminars and
labor education activities
c) Check-off for union service fees authorized by law
d) Deductions for withholding tax mandated under the National Internal Revenue
Code (NIRC)
RATIONALE: It should be “union fees”, not “necessity fees”.
109) It is a process or device whereby the employer, on agreement with the union
recognized as the proper bargaining representative, or on prior authorization from its
employees, deducts union dues or agency fees from the employees' wages and remits
them directly to the union.
a) Check-off
b) Authorization
c) Bargaining
BASIS: The case of HOLY CROSS OF DAVAO COLLEGE, INC.,vs. HON. JEROME
JOAQUIN, clearly defined check-off as a process or device whereby the employer, on
agreement with the union recognized as the proper bargaining representative, or on prior
authorization from its employees, deducts union dues or agency fees from the employees'
wages and remits them directly to the union.
110) Check-off for a special assessment is not after the withdrawal of the
individual written authorizations.
a) valid
b) invalid
c) revocable
d) void
BASIS: It was mentioned in the case of CARMELITO L. PALACOL, ET AL., v. PURA

FERRER-CALLEJA, that "Even assuming that the special assessment was validly levied
pursuant to paragraph (n), and granting that individual written authorizations were
obtained by the Union, nevertheless there can be no valid check-off considering that
the majority of the union members had already withdrawn their individual
authorizations".
111) What justifies the payment of agency fees?
a) Acceptance of non-SEBA members of benefits resulting from the CBA

b) Successful negotiation of the SEBA between the CBA and the employees
c) Written authorization allowing the deduction and payment of agency fees
d) Membership in the same collective bargaining unit with the same SEBA that
negotiated a CBA with the employer
BASIS: Holy Cross of Davao College, Inc. v. Joaquin
112) Nintendo Company successfully negotiated a CBA with Switch union, the SEBA
representing the plumbers of the company. All rank and file employees of the plumbing
department received benefits. Which of the following employees should NOT pay agency
fees to Switch union?
a) Peach, an employee of the plumbing department and works as secretary of

Mario, the Executive Vice-President overseeing plumbing operations
b) Luigi, an employee of the plumbing department, who for religious reasons
cannot join Switch Union
c) Waluigi, an employee of the racing department, who receives benefits
from a CBA with Nintendo Company
d) Wario, an employee of the plumbing department, who is President of the
Gamecube Union
RATIONALE: Agency fees should be paid by non-SEBA members, within the same
bargaining unit, who receive benefits under the CBA negotiated by the SEBA with the
employer. Waluigi, although receiving benefits under a CBA, is a member of a different
collective bargaining unit and is receiving benefits under a CBA different from that
between Nintendo Company and Switch Union. He should therefore not pay agency fees
to Switch union.
113) It is the duty of the employer to deduct or “__________” the sum equivalent to the
amount of agency fees from the non-SEBA members’ wages.
a) Write-off
b) Check-write
c) Check-off
BASIS: Del Pilar Academy v. Del Pilar Academy Employees Union, GR No. 170112, April
30, 2008
114) Statement 1: Agency fees should be reasonable in amount.

Statement 2: Agency fee should be equivalent to the dues and other fees paid by
members of the SEBA.
a) Statement 1 is correct.
b) Statement 2 is correct.
c) Both statements are correct.
d) Both statements are not correct.
BASIS: Article 259 (e) [Article 248 (e)] of the Labor Code sets forth the limitations in fixing
the amount of the agency fee wherein it stated that “employees of an appropriate
bargaining unit who are not members of the recognized collective bargaining agent may
be assessed a reasonable fee equivalent to the dues and other fees paid by the members
of the recognized collective bargaining agent , if such non-union members accept the
benefits under the collective bargaining agreement xxx”.
115) Statement 1: To effect the check-off of agency fees, no individual written

authorization from the non-SEBA members who accept the benefits from the CBA is
necessary.
Statement 2: To effect the check-off of agency fees, an individual written authorization
from the non-SEBA members who accept the benefits from the CBA is indispensable
RATIONALE: No individual written authorization from the non-SEBA members who

accept the benefits from the CBA is necessary to effect the check-off of agency fees./Del
Pilar Academy v. Del Pilar Academy Employees Union, G.R. No. 170112, April 30, 2008.
116) Statement 1: The non-SEBA members who pay agency fees to the SEBA remain
liable to pay union dues to their own union.
Statement 2: The fact that the non-SEBA members who are members of the minority
union are paying agency fees to the SEBA does not free them from their obligation as
members to continue paying their union dues and special assessments to their own union.
RATIONALE: There is no law that puts a stop to such obligation simply because their
union failed to be certified as SEBA. Union dues are still collected from them as union
dues are required for the continued existence and viability of their union./Article 250 [241],
Labor Code.
117) This means the performance of a mutual obligation to meet and convene promptly
and expeditiously in good faith for the purpose of negotiating an agreement with respect
to wages, hours of work and all other terms and conditions of employment, including
proposals for adjusting any grievances or questions arising under such agreement and
executing a contract incorporating such agreements if requested by either party but such
duty does not compel any party to agree to a proposal or to snake any concession.
a) duty to negotiate
b) duty to organize as a group
c) duty to bargain collectively
d) duty to discuss
118) What is the ultimate purpose of collective bargaining?

a) 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 a good faith.
b) 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 bad faith.
c) 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 a lack of good faith.
d) To reach an agreement resulting in a contract binding on the parties; but the
agreement to reach an agreement after negotiations continued for a reasonable
period does not establish a lack of good faith.
RATIONALE: As stated in the case of Union of Filipino Employees Drug, Food and Allied
Industries Unions-Kilusang Mayo Uno [UFE-DFAKMU] v. Nestle Philippines, Inc., G.R.
Nos. 158930-31, March 3, 2008.
119) Kinds of collective bargaining:
a) Single-enterprise and Single-double

b) Single-enterprise and Multinational
c) Single-enterprise and Double-employer
d) Single-enterprise and Multi-employer
BASIS: Section 3 and 5, Rule XVI, Book V, Rules to implement the Labor Code, as
amended by Department Order No. 40-03, s.2003
The Rules to Implement the Labor Code, as amended, enunciate two (2) kinds of
collective bargaining, namely: (1) Single-enterprise bargaining involving a CBA
negotiation between one certified SEBA and one employer; and (2) Multi-employer
bargaining involving a CBA negotiation between and among several certified SEBAs and
employers.
120) It is said that ____________ is not equivalent to an adversarial litigation where

rights and obligations are delineated and remedies applied. It is simply a process of
finding a reasonable solution to a conflict and harmonizing opposite positions into a fair
and reasonable compromise.
a) union
b) SEBA
c) negotiate
d) bargaining
BASIS: The High Court set the tone of what collective bargaining negotiations mean in
Caltex Refinery Employees Association [CREA] GR No. 123782, September 16, 1997
121) Under the Labor Code, when there is _____, the duty to bargain collectively shall
mean that neither party shall terminate nor modify such agreement during its lifetime.
a) Conversation
b) Contract
c) Written Agreement
d) CBA
BASIS: Article 264 [253] of the Labor Code
122) The only time the parties are allowed to terminate or modify the agreement is within
the period of at least 60 days prior to its expiration date by serving a _____ to that effect.
a) due process
b) termination
c) resignation
d) notice
BASIS: Article 264 [253] of the Labor Code
123) Which of the following is not among the situations which involve the duty to bargain
collectively?
a) Duty to bargain collectively in the absence of a Collective Bargaining Agreement

b) Duty to bargain collectively when there is an existing Collective Bargaining
Agreement
c) None of the above
d) All of the above
RATIONALE: Choices (a) and (b) are provided for in Articles 262 and 264, respectively,
of the Labor Code.
124) Which of the following statements is true?

Statement I: The law gives utmost premium and extends due respect to the voluntary
arrangement between the parties on how they will discharge their respective duties to
bargain collectively.
Statement II: The procedure laid down in Art. 261 of the Labor Code should initially be
followed before considering the voluntary arrangement between the parties
Statement III: The duty to bargain collectively when there has yet been no CBA in the
collective bargaining unit (CBU) where the SEBA seeks to operate is mandated by the
Constitution
Statement IV: None of the above-mentioned choices is true
a) Statement I
b) Statement II
c) Statement III
d) Statement IV
BASIS: Article 262 of the Labor Code, which states that the duty to bargain collectively
when there has yet been no CBA in the CBU where the SEBA seeks to operate should
be complied in the following order: first, in accordance with any agreement or voluntary
arrangement providing for a more expeditious manner of collective bargaining; and
secondly, in its absence, in accordance with the provisions of the Labor Code, referring
to Article 261 thereof which lays down the procedure in collective bargaining.
125) Pending the renewal of the CBA and while there is a negotiation on its renewal, are
the parties:
a) Bound to keep the status quo and to treat the terms and conditions
embodied therein still in full force and effect not only during the 60-day
freedom period but until a new agreement is negotiated and ultimately
concluded and reached by the parties.
b) Free to do anything in the meantime
c) Bound already by the new rules of their proposed CBA even if the same has
not yet been approved.
d) Bound to keep the status quo and to treat the terms and conditions embodied
therein still in full force and effect not only during the 123-day freedom period but
until a new agreement is negotiated and ultimately concluded and reached by the
parties.
RATIONALE: AUTOMATIC RENEWAL RULE - Pending the renewal of the CBA and
while they are negotiating its renewal, the parties are bound to keep the status quo and
to treat the terms and conditions embodied therein still in full force and effect not only
during the 60-day freedom period but until a new agreement is negotiated and ultimately
concluded and reached by the parties. This principle is otherwise known as the "automatic
renewal clause" which, being mandated by law, is deemed incorporated in all CBAs.
126) During the negotiations,
I. The employer cannot discontinue the grant of the benefits embodied in the CBA which
just expired as it is duty-bound to maintain the status quo by continuing to give the same
benefits until a renewed CBA is reached by the parties.
II. The union has to observe and continue to abide by its undertakings and commitments
under the expired CBA until the same is renewed.
a) Both of the statements are correct

b) Neither statements are correct
c) Only Statement I is correct
d) Only Statement II is correct
RATIONALE: Pending the renewal of the CBA and while they are negotiating its renewal,
the parties are bound to keep the status quo and to treat the terms and conditions
embodied therein still in full force and effect not only during the 60-day freedom period
but until a new agreement is negotiated and ultimately concluded and reached by the
parties. This principle is otherwise known as the "automatic renewal clause" which, being
mandated by law, is deemed incorporated in all CBAs.
127) In the case of _____________________________________, the petitioner failed

to submit any counter proposal to the CBA proposed by its employees' certified SEBA.
The court ruled that the employer had thereby lost its right to bargain the terms and
conditions of the CBA. Consequently, all the terms and conditions of the CBA as proposed
by the SEBA are deemed approved and accepted lock, stock, and barrel (LSB) by the
erring employer.
a) Divine Word University of Tacloban vs. Secretary of Labor and employment.

b) Kiok Loy v. NLRC
c) General Milling Corporation v. CA
BASIS: GR No. L-54334, January 22, 1986, 141 SCRA 179, 188.
128) An employer's refusal to bargain to bargain with the SEBA by ignoring all notices
for negotiations and requests for counter-proposals and to bargain on the ____________
terms of the CBA constitutes Unfair Labor Practice.
a) basic
b) remunerative
c) economic
d) commercial
BASIS: General Milling Corporation v. CA, G.R. No. 146728, February 11, 2004
129) Does the automatic renewal of the CBA provisions encompass all the terms and
conditions?
a) Yes
b) No
c) It depends
d) Trick question – there is no automatic renewal.
RATIONALE: The law does not provide for any exception or qualification on which
economic provisions of the existing CBA are too retain their continuing force and effect.
130) May the employer initiate the creation of a CBA?
a) Yes
b) No
c) It depends
d) The question lacks premise.
RATIONALE: A CBA may be executed not only upon the request of the sole and
exclusive bargaining agent, but also by the employer.
131) The CBA is no doubt the ultimate expression of the common intention of the
employer and the employees at having their own __________________.
a) agreement
b) self-government
c) deal
d) standards
RATIONALE: The CBA is no doubt the ultimate expression of the common intention of
the employer and the employees at having their own self-government. In so enacting the
CBA, they are, in effect, exercising quasi-legislative authority as they craft its terms meant
at improving the standards set by law in relation to their rights, welfare and benefits.
132) If there is serious disparity and inconsistency that may harm the employees or
operate to their disadvantage, which will prevail?
a) the law's provisions

b) the CBA
c) it depends
d) the decision of the court
RATIONALE: The law's provisions affecting the rights, welfare and benefits will no longer
be the controlling tenets but those of the CBA's unless there is, as between them, serious
disparity and inconsistency that may harm the employees or operate to their dis
advantage, in which event, it is the law's provisions and not the CBA which shall prevail.
133) True or False
Statement 1. CBA is an ordinary contract.

Statement 2. The provisions of the CBA must be construed liberally.
a) Only Statement 1 is true.

b) Both are false.
c) Only Statement 2 is true.
d) Both are true.
RATIONALE: The CBA, as a labor contract within the meaning of article 1700 of the Civil
Code which governs the relations between labor and capital, is not merely contractual in
nature but impressed with public interest. Being a labor contract impressed with public
interest, then it must be construed liberally rather than narrowly and technically.
134) The ________________ constitutes the law between the employer and his
employees.
a) Employment contract
b) POEA-SEC
c) Contract of service
d) CBA
RATIONALE: The CBA is the governing law between the employer and his employees.
It is the norm of conduct between them, and compliance therewith is mandated by the
express policy of the law.
135) CBA, ambiguous or not, is always to be construed in favor of the laborer to ensure
the protection to labor. Is the statement correct?
a) Yes as this is mandated by the constitution

b) No because it shall be resolved strictly against who drafted it.
c) All choices are correct
BASIS: If the provisions of the CBA are clear and leave no doubt on the intention of the
contracting parties, the literal meaning of its stipulation shall prevail. In case of doubt, it
shall be resolved in favor of labor.
136) TRUE OR FALSE
The CBA constitutes the law between the parties, thus, the principles on ordinary
contracts applies.
a) True as CBA is considered ordinary contract.

b) False because the law does not provide as to the nature of CBA.
c) None of the choices is correct.
d) All choices are correct.
BASIS: The principles on ordinary contract does not apply since CBA is impressed with
public interest and is not merely contractual in nature.
137) The following are the categories of CBA subjects except:
a) Mandatory
b) Permissive or Voluntary
c) Illegal
d) All of the above
BASIS: Lakas ng Manggagawang Makabayan (LMM) vs. Abiera, [G.R. No. L-29474]
December 19, 1970.
138) Which of the following statements are correct?
Statement I: 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 thereover
Statement II: Either the employer or the SEBA can refuse to bargain over mandatory
subjects of bargaining
a) Only statement I is correct

b) Only II statement II is correct
d) Both statements are incorrect
RATIONALE: Lakas ng Manggagawang Makabayan (LMM) vs. Abiera, [G.R. No. L-

29474] December 19, 1970.
Statement I: An employer may NOT 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 thereover.
Statement II: Neither the employer nor the SEBA can refuse to bargain over mandatory
subjects of bargaining.
139) It is a policy under R.A. No. 9165 and its Implementing Rules and Regulations which
explicitly required that a provision on drug-free workplace be included in the CBA.
a) Drug-free workplace policy

b) Drug-free workstation policy
c) Drug-free workshop policy
d) Drug-free policy
Basis: DOLE Department Order No. 53-03, Series of 2003
140) The following are examples of Mandatory Subjects, except:
a) Wages
b) Hours of work
c) Paid Holidays
RATIONALE: All are examples of Mandatory Subjects of CBA Subjects.

141) The DOLE Department Order No. 53-03, Series of 2003 promulgated the
________________ for the Private Sector which requires that in organized
establishments, the drug-free workplace policies and programs should be included as
part of the CBA.
a) Guidelines for the Implementation of a Drug-Free Workplace Policies and

Programs
b) Implementing Rules and Regulations under R.A. No. 9165
c) Guidelines for the Implementation of a Drug-Free Workplace and AIDS
Prevention and Control
d) Implementing Rules and Regulations under R.A. No. 8504
BASIS: DOLE Department Order No. 53-03, Series of 2003.
142) The _____________, require that “the quality of the HIV/AIDS education and
information program shall be under the Collective Bargaining Agreement xxx.” This
workplace HIV/AIDS education and information program for all workers is required to be
developed, implemented, evaluated and funded by the employer.
a) 1999 Rules and Regulations Implementing R.A. No. 8504

b) 1998 Rules and Regulations Implementing R.A. No. 8504
c) 1999 Rules and Regulations Implementing R.A. No. 8506
d) 1997 Rules and Regulations Implementing R.A. No. 8506
BASIS: Section 15, Rule II of the Philippine AIDS Prevention and Control Act of 1998
143) It refers to those that cannot be made subject of the collective bargaining
negotiations that provide for benefits that are less than the minimum standards set by
law; discrimination against certain employees based on sex, sexual preference and
orientation, race, marital status, disability, age and religion, issues beyond the scope of
the appropriate bargaining unit, yellow dog conditions; and other acts considered as ULPs
under the law.
a) Illegal or unprohibited subjects

b) Legal or prohibited subjects
c) Illegal or prohibited subjects
d) Legal or unprohibited subjects
RATIONALE: Illegal or prohibited subjects if made, it would run afoul of the law because
the parties are prohibited not only to negotiate but actually to stipulate and incorporate
those illegal or prohibited subjects in a CBA. If stipulated, they are void and unenforceable
and cannot be invoke by any parties to declare deadlock to support a strike or lockout
which however the same should be patently illegal.
144) In Meycauayan Colleges vs. Drilon, benefits derived from law and those from the
Collective Bargaining Agreement (CBA) or company policy or practice are
___________________ from each other unless otherwise provided by the law or
agreement or policy or practice granting them.
a) separate and distinct

b) separate and discrete
c) dependent and distinct
d) unlimited liability
BASIS: Meycauayan Colleges v. Drilon, G.R. No. 81144, May 7, 1990, a collective
bargaining agreement is a contractual obligation. It is distinct from an obligation imposed
by law. The terms and conditions of a collective bargaining contract constitute the law
between the parties. Beneficiaries are therefore, by right, entitled to the fulfillment of the
obligation prescribed therein.
145) What is the rule in order that a violation of union security clause be a valid basis for
terminating an employment?
a) It must impliedly stated in the CBA.

b) It must be expressly stated in the CBA.
c) It must be stated in the company rules and regulations.
d) It is an established company practice.
RATIONALE: In Confederated Sons of Labor and Anakan Lumber Co, it was held that
“in order that an employer may be deemed bound, under a collective bargaining
agreement, to dismiss employees for non-union membership, the stipulation to this effect
must be so clear and unequivocal as to leave no room for doubt thereon.”
146) What is the rationale on the rule that a violation of union security clause or the non-
union membership of the employees, which must be expressly stated in the CBA, to be a
valid basis for termination of an employment?
a) A dismissal on the basis of violation of union security clause which is not
expressly authorized under CBA constitutes ULP.
b) It is founded on the management prerogatives of the employer.
c) It is to protect the interest of the SEBA.
RATIONALE: In several cases decided by the Supreme Court, it was ruled that “Violation
of the union security clause, to be a valid basis for terminating an employment, must be
expressly stated therein that such is its consequence. A dismissal founded on this clause
which does not expressly authorize it for its violation constitutes ULP.”
147) Based on jurisprudence, who are entitled to the benefits stipulated in the CBA?
a) Members of the SEBA;

b) Non-SEBA members but are covered by the collective bargaining unit (CBU)
c) Members of the minority union/s who paid agency fees to the SEBA;
d) New employees hired after the conclusion of the CBA and during its
effectivity or even after its expiration.
e) All of the choices
BASIS: New Pacific Timber Supply Co, Inc. v. NLRC. G.R. No. 124224, March 17,2000
148) As a general rule, confidential employees or managerial employees or supervisory

employees, in the case of rank-and-file CBU, or vice-versa, are entitled to the benefits
flowing from the CBA. What is/are the exception/s?
a) When the CBA benefits are granted to managerial employees by

reason of company policy or company practice;
b) When adjustments are made to avoid distortion in the levels of wages
c) a and b
d) There's no exception to the rule.
BASIS: Article 259(e) [248(e)], Labor Code
149) A ____ is defined as the "counteraction of things producing entire stoppage: a state
of inaction or neutralization caused by the opposition of persons or of factions ( as in
government voting body: standstill
a) deadlock
b) lockdown
c) dreadlock
RATIONALE: It is the term "deadlock" that was defined above.
150) It was ruled in this case that a managerial employee was, compulsory retired under
the retirement plan in the rank-and-file CBA which prescribes that as an employee's
retirement is compulsory when he or she reaches 60 or has rendered 20 years of service
whichever comes first.
a) Manila Hotel v. Rosita De Leon

b) Cebu Inn v. Camilla Rose
c) Tagaytay Suite v. Ginebra Santonio
d) Bradd Pitt Brothel v. Trump Casino
BASIS: This was in the ruling of the case of Manila Hotel v. Rosita Deleon
151) There is a/an _______ in collective bargaining where there is a failure in the
collective bargaining negotiations between the SEBA and the employer resulting in an
impasse or stalemate on all or some of the issues subject of the negotiation.
a) Invalidity
b) Failure
c) Deadlock
d) Stale
BASIS: Bargaining deadlock as defined in the case of San Miguel Corporation v. NLRC,
GR No. 99266 March 2, 1999
152) Who may declare a deadlock in CBA Negotiation?
1. SEBA.
2. Employer.
a) I only
b) II Only
c) Either I or II
d) Neither I nor II
RATIONALE: Either of the parties in the CBA negotiation – the SEBA or the employer –
may declare a deadlock. Art. 259 [248]
153) The failure of a party to reply to the written notice containing a statement of CBA
proposals served by the other party within the period of ___ calendar days mentioned in
Article 260 (250) does ____ constitute ____ to bargain which is an ULP of the party
concerned.
a) ten, not, refusal

b) twenty, not, agreement
c) thirty, not, disagreement
d) fifteen, not, refusal
RATIONALE: As held by the Supreme Court the failure of a party to reply to the written
notice containing a statement of CBA proposals served by the other party within the period
of ten calendar days mentioned in Article 260 (250) does not constitute refusal to bargain
which is an ULP of the party concerned. This period was considered merely procedural
in nature and therefore not mandatory.
154) The failure to make a timely reply to the proposals presented by a union is indicative
of?
a) bad faith and utter lack of interest in bargaining with the union.
b) good faith as there was an error in the bargaining with the union.
c) none of the choices
d) confusion as there was no bargaining entered into.
RATIONALE: In the case of General Milling Corporation vs. CA, the SC ruled that the
failure to make a timely reply to the proposals presented by the union is indicative of bad
faith and utter lack of interest in bargaining with the union.
155) This involves the process of meeting of the representatives of the employer and the
SEBA, for the purpose of discussing and adjusting their differences, if any, with the end
in view of concluding an agreement on the terms and conditions of their employment
relationship.
a) Negotiation
b) Signing and Execution
c) Joint Administration
d) Ratification
BASIS: Negotiation involves the process of meeting, not later than ten (10) calendar days
from the date of request for conference, of the representatives of the employer and the
SEBA, for the purpose of discussing and adjusting their differences, if any, with the end
in view of concluding an agreement on the terms and conditions of their employment
relationship.
156) Who may initiate negotiation process in the CBA?
a) SEBA
b) Employer
c) Any Party
d) SEBA or Employer
BASIS: It must be noted that although in almost all cases, the negotiation process is
initiated by the SEBA, Article 261 [250] does not foreclose the right of the employer to
initiate it. The provision uses the word "party" which may refer either to the employer or
the SEBA.(Riven v. Espiritu, G.R. No. 135547, Jan. 23,2002.)
157) This involves the posting of a copy of the newly concluded CBA in at least two
conspicuous places in the workplace, at least five days prior to the ratification thereof by
all the employees comprising the bargaining unit.
a) Publication
b) Ratification
c) Registration
d) Joint Administration
RATIONALE: Publication involves the posting of a copy of the newly concluded CBA in
at least two conspicuous places in the workplace, at least five days prior to the ratification
thereof by all the employees comprising the bargaining unit.
158) The following are basic principles in CBA negotiations except:
a) Parties must act in good faith

b) Employer and employees should stand on equal footing
c) The parties do not have the power to fix terms and conditions of their
employment relationship
d) The employer has the obligation to make available such up-to-date financial
information on the economic situation of the undertaking which is normally
submitted to relevant government agencies as is material and necessary for
meaningful negotiations.
RATIONALE:
The following are basic principles in CBA negotiations:
a. Parties must act in good faith
b. Employer and employees should stand on equal footing
c. The parties has the power to fix terms and conditions of their employment relationship
d. The employer has the obligation to make available such up-to-date financial information
on the economic situation of the undertaking which is normally submitted to relevant
government agencies as is material and necessary for meaningful negotiations.
159) Statement 1: Adamant stance in an impasse is an indicium of bad faith

Statement 2: Refusal of a party to sign the fully-concluded CBA is ULP.

RATIONALE: Adamant stance in an impasse is NOT an indicium of bad faith.

BASIS: Divine Word University of Tacloban vs. Secretary of Labor and Employment, GR
No. 91915, Sept. 11, 1992
160) Statement 1: The minutes of the CBA negotiations are not part of the CBA.
Statement 2: Making a promise during the CBA negotiations is an indication of bad faith

RATIONALE: Making a promise during the CBA negotiations is NOT an indication of bad
faith.
BASIS: Samahang Manggagawa sa Top Form Manufacturing-United Workers of the
Philippines vs. NLRC, GR No. 113856, Sept. 7, 1998
161) Not all unfair acts constitute Unfair Labor Practice (ULP). The act complained of as
ULP must have a ____________with the following:
a) Possible connection with; exercise of the right to self-organize, exercise of free
speech and protection to labor.
b) Proximate and causal connection; Exercise of the right to self-organization,
right to collectively bargain & compliance with the CBA.
c) Probable cause; Exercise of the right to self-organization, right to collectively
bargain & compliance with the procedures.
d) Possible connection with; Exercise of the right to self-organization, right to
collectively bargain & compliance with the procedures.
RATIONALE: Allied Banking Corporation v CA GR No. 144412, November 18, 2003
162) “To dismiss discharge or otherwise prejudice or otherwise discriminate against an

employee for having given or about to give a testimony” is:
a) The only ULP exception which may or may not relate the exercise of the right to
self-organization and collective bargaining.
b) Not a form of unfair labor practice.
c) Either a or b.
d) Neither a nor b.
BASIS: Philcom Employees Union v Philippine Global Communications, GR No. 144315,

July 17, 2006.
163) Before an employer or labor organization may be said to have committed ULP, the
following must concur:
Statement I: There should exist an employer-employee relationship between the offended

party and the offender.
Statements II: The act complained of must be expressly mentioned and defined in the
Labor Code as an Unfair Labor Practice.
a) Both Statement I and Statement II

b) Only Statement I
c) Only Statement II
RATIONALE: Elements of Unfair Labor Practice

1. There should exist an employer-employee relationship between the offended party
and the offender; and
2. The act complained of must be expressly mentioned and defined in the Labor Code
as an Unfair Labor Practice.
Absent one of the elements will not make the act of an Unfair Labor Practice.
164) Unfair Labor Practice may be committed by an _____ or by a _____.
a) Employer, Labor organization

b) Employee, Employee
c) Employer, Officers
d) Employee, Labor Organization
RATIONALE: Unfair Labor Practice may be committed by an employer or by a labor

organization. Article 259 (248) describes the ULPs that may be committed by the
employer, while Article 260 (249) enumerates those which may be committed by the labor
organization.
165) True/ False: Aspects of ULP:
I. Civil aspects should be asserted in the labor case before the Labor Arbiters who have
original and exclusive jurisdiction over ULP cases.
II. The criminal aspects can only be asserted before the regular courts.
a) Both Statements are correct

b) Both Statements are wrong
c) Statement I is True
d) Statement II is True
BASIS: Article 224 (217)
166) In ULP cases against employers, it is the union which has the _____________ to
present substantial evidence to support its allegation of ULP committed by the employer.
a) Union
b) Labor organization
c) Labor union
BASIS: As stated in the case of Schering Employees Labor Union (SELU) vs. Schering
Plough Corporation, G.R. No. 142506, Feb. 17, 2005.
167) Which of the following is correct regarding the unfair labor practices of employers?
a) Only the officers and agents of corporations, associations or partnerships who
have actually participated in, authorized or ratified unfair labor practices shall be
held civilly liable.
b) All the officers and agents of corporations, associations or partnerships shall be
held criminally liable in unfair labor practice.
c) Only the officers and agents of corporations, associations or partnerships
who have actually participated in, authorized or ratified unfair labor practices
shall be held criminally liable.
d) All the officers and agents of corporations, associations or partnerships shall be
held civilly liable in unfair labor practice.
RATIONALE: Section 7 of Batas Pambansa Bilang 130 states that only the officers and
agents of corporations, associations or partnerships who have actually participated in,
authorized or ratified unfair labor practices shall be held criminally liable.
168) The following are no longer treated as Unfair Labor Practice except?
a) Ordinary violations of a CBA which involve non-economic provisions

b) Violations of its economic provisions which are not gross in character
c) violations of a CBA which are gross in character
d) Violations that must be resolved under the grievance machinery
RATIONALE: Article 274 of the Labor Code provides, violations of CBA except those
which are gross in character are no longer considered as ULP’s but merely as grievances
that must be resolved by the grievance machinery.
169) The significant point to consider for a change of ULP to prosper is/are the following
except:
a) the act was motivated by ill will

b) employer’s bad faith
c) employer’s act was oppressive to labor
e) all of the above
BASIS: Insular Life Assurance Co. Ltd. Employees Association vs. Insular Life Insurance
Co.
170) The test of the employer's interference with, restraint, or coercion of employees
within the meaning of the law is whether the employer has engaged in conduct with
reasonably tend to interfere with the free exercise of the employees' twin rights to self-
organization and collective bargaining.
a) the insular life doctrine

b) the globe doctrine
c) totality of conduct doctrine
d) interference in intra-union dispute
BASIS: Insular Life Assurance Co., Ltd , Employees Association vs. Insular Life
Assurance Co., G.R. No. L-25291, January 30, 1971
171) The __________ means that the expressions of opinion by an employer, though
innocent in themselves, may be held to constitute in ULP because of the circumstances
under which they were uttered, the history of the particular employer’s labor relations or
anti-union bias or because of their connection with an established collateral plan of
coercion or interference.
a) Totality of progress doctrine

b) Totality of interference doctrine
c) Totality of relations doctrine
d) Totality of conduct doctrine
BASIS: The totality of conduct doctrine means that the expressions of opinion by an
employer, though innocent in themselves, may be held to constitute in ULP because of
the circumstances under which they were uttered, the history of the particular employer’s
labor relations or anti-union bias or because of their connection with an established
collateral plan of coercion or interference.
172) This doctrine is applied in ascertaining whether the act of the employer constitutes
interference with, restraint or coercion of the employees’ exercise of their right to self-
organization and collective bargaining.
a) Totality of Conduct Doctrine

b) Doctrine of Loss Confidence
c) Doctrine of Strained Relations
d) Mutuality of Interest Doctrine
RATIONALE: The Totality of Conduct Doctrine means that expressions of opinion by an

employer, though innocent in themselves, may be held liable to constitute ULP because
of the circumstances under which they were uttered, the history of the particular
employer’s labor relation or anti-union bias or because of their connection with an
established collateral plan of coercion.
I. An employer is guilty of Unfair Labor Practice if he/she used armed guards to prevent
union organizers to come in.
II. An employer is guilty of Unfair Labor Practice he/she pressures the resignation of union
members to cast a doubt on the legitimate status of the union by showing the resignation
letters in a pending labor case.

BASIS: General Milling Corporation v CA (GR No. 146728, 11 Feb 2004) & Hacienda
Fatima v National Federation of Sugarcane Workers (GR No. 149440, 28 Jan 2003)
174) Which of the following statements concludes that an employer did not want a union
which is a clear interference in the right of the workers to self-organization that results to
unfair labor practice:
I. Refusal to bargain to its act of economic inducements resulting in the promotion of

those who withdrew from the union.
II. Use of armed guards to prevent the union organizers to come in.
III. Dismissal of union officials and members.
a) Only Statement I
b) Only Statement II
c) Only Statement III
d) All Statements
BASIS: In Hacienda Fatima, the Supreme Court upheld the factual finding of the NLRC
and the CA that from the employer’s refusal to bargain to its act of economic inducements
resulting in the promotion of those who withdrew from the union, use of armed guards to
prevent the organizers to come in, and the dismissal of union officials and members, one
cannot but conclude that the employer did not want a union in its hacienda – a clear
interference in the right of the workers to self-organization. Hence, the employer was
declared guilty of ULP.
175) The following acts involving dismissal of employees has been judicially declared as
ULPs except one.
a) Dismissal of employees after they have organized their union and about to start
with the effort and having it certified as their SEBA.
b) Dismissal of Union officer which threatens the existence of the union.
c) Effecting discriminatory dismissal where only unionists were permanently
dismissed even where business conditions justified a lay-off of the employees.
d) The mass lay-off or dismissal of 65 employees due to retrenchment absent any
losses or financial reverses.
BASIS:Samahang Manggagawa sa Bandolino vs. NLRC

San Miguel Corporation vs. NLRC People's Bank and Trust Co. vs. People's Bank and
Trust Co. Employees Union
176) Dismissals occasioned by the following are considered to be ULP, except for one:
a) Interference
b) Restraint
c) Instigation
d) Coercion
BASIS: Litex Employees Association v. CIR
177) The mere issuance of a threat by the employer, even if not actualized, may already
constitute unfair labor practice. Examples are as follows, except:
a) Threatening employees with loss of jobs or benefits or promotional opportunities if

they join or vote for a union or engage in 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 employees that they will not receive any compensation if
they failed to report to work without any notice to their immediate supervisor
RATIONALE: 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 in
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.
178) The mere issuance of a threat by the employer, even if not actualized, may already
constitute ULP. The following are examples except one:
a) Threatening employees with loss of jobs or benefits or promotional

opportunities if they join or vote for a union or engage in 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 a union bargaining is futile or a strike is inevitable
BASIS: "Employer/ Union Rights and Obligations", United states' National Labor
Relations Board (NLRB)
179) Which of the following amounts to unfair labor practice?
a) Promising or implementing employee wage increases to encourage union

activity or support
b) Questioning employees regarding their union activities
c) Offering Christmas bonus to employees after accepting the request by the union
to bargain
d) Offering coffee and occasional movies to strikers in order for them to
cease the strike
RATIONALE: Strike-breaking is one of the unfair labor practices committed by an

employer. Offers and promises constitute ULP only when they discourage union activity
or support or whenever they are given to appease employees after the employer has
refused to bargain with the union. Questioning and interrogating becomes ULP when it
hampers, restrains or coerces employees in the exercise of free choice.
180) Which of the following is enunciated in the case of Insular Life Assurance Co., Ltd,
Employees Association v. Insular Life Assurance Co. as employer’s act of making an offer
or promise or certain favors or benefits which constitutes Unfair Labor Practice (ULP)?
a) Promising or implementing employee wage increase s to discourage their union

activity or support.
b) Offer of reinstatement and attempt to “bribe” the strikers with
“comfortable cots,” “free coffee and occasional movies,” “overtime pay” for
work performed in excess of 8 hours and offer of “arrangements” for their
families so they would abandon the strike and return to work, constitute
strike-breaking which is a ULP.
c) Offer of Christmas bonus to all “loyal” employees made shortly after the request
by the union to bargain.
d) Offer of wage increase given for the purpose of mollifying employees after the
employer has refused to bargain with the union or to induce strikers to return to
work.
BASIS: Insular Life Assurance Co., Ltd, Employees Association v. Insular Life Assurance
Co GR No. L-25291, January 30, 1971
181) Statement 1. The act of spying and surveilling of employees to determine their
involvement and participation in union organizing, formation, and concerted activities is
considered ULP.
Statement 2. The act of management in meddling with purely internal concerns, issues,
and affairs of the union is also considered ULP.
RATIONALE: S1: It is illegal when management conducts espionage or surveillance of

the meetings and activities of the union, or request employees to report on the union
activity of others, since it shows the opposition of the of the employer to the existence of
the union, and the furtive nature of his activity tends to demonstrate spectacularly the
state of his anxiety. S2: De la Salle University v. De la Salle University Employees
Association, G.R. No. 177283, April 7, 2009.
182) Announcement by the employer of benefits prior to the conduct of a certification

election, intended the employees to vote against the union.
a) to tempt
b) to persuade
c) to induce
d) to encourage
BASIS: Re: Louana Plastics, Inc. 173 NLRB No. 218 and NLRB v. Exchange Parts Co.,
375 U. S. 405.
183) These are other forms of ULP by means of interference, restraint or coercion,
except:
a) Indirectly forcing the employees to join another labor union as a condition for
their re-admission for participating in a strike.
b) Instructing an employee not to affiliate or join a union.
c) Refusal of the employer to reinstate strikers who voluntarily and unconditionally
offered to return but did not accept the new discriminatory conditions imposed
against them because of their union membership activities.
BASIS: (a) Macleod & Company of the Phils. V. Progressive Federation of Labor, GR No.
L-7887, May 31, 1995; (b) Visayan Stevedores v. CIR, GR No. L-21696, February 25,
1967; (c) Cromwell Commercial Employees and Laborers Union v CIR, GR No. L-19778,
September 30, 1964
184) The following are other forms of unfair labor practices by means of interference,
restraint or coercion, except:
a) Indirectly forcing the employees to join another labor union as a condition for
their re-admission for participating in a strike
b) Instructing an employee not to affiliate or join a union
c) Refusal of the employer to reinstate strikers who voluntarily and unconditionally
offered to return to work but did not accept the new discriminatory conditions
imposed against them because of their union membership or activities
RATIONALE: Choices (a), (b), and (c) are all considered ULP as per various Supreme
Court holdings.
185) In this case, suspending the union members who attended the hearing in the petition
for certification election they filed is considered as among those other forms of ULP.
a) National Labor Union v. CIR

b) Madrigal & Co. v. Zamora
c) Mabeza v. NLRC
d) Oceanic Pharmacal Employees Union v. Inciong
BASIS: Oceanic Pharmacal Emoplyees Union v. Inciong, GR No. L-50568, November
7, 1979
186) Which of the following is not a form of ULP by means of interference, restraint or
coercion?
a) Ceasing operation due to the establishment of the union.

b) Asking the employees to disclose the names of the members of his
family.
c) Putting on "rotation" only the alleged members of the union.
d) Provoking the union officers into a fight by two recently hired employees
pursuant to a strategy of the company designed to provide
RATIONALE: There are other forms of ULP by means of interference, restraint or

coercion, such as the following.
a) Indirectly forcing the employees to join another labor union as a condition for their re-
admission for participating in a strike.
b) Instructing an employee not to affiliate or join a union.
c) Refusal of the employer to reinstate strikers who voluntarily and unconditionally offered
to return to work but did not accept the new
d) The act of the purchasers of a business establishment in replacing the union members
who were negotiating a CBA with the former owner at the time of the sale.
e) The grant of concessions and privileges during the pendency of a certification election
case to members of one of the unions participating therein.
f) Suspending union officers who attended the hearing in the petition for certification
election they filed.
g) Ceasing operation due to the establishment of the union.
h) Simulated sale in bad faith of business resorted to in order to get rid of the employees
who were members of the union.
i) Engaging in capital reduction to camouflage the fact that it had been making profit, in
order for it to be able to effectuate the mass lay-off of union members
j) The retrenchment of employees who belong to a particular union, with no satisfactory
justification why said employees were singled outs
k) Asking the employees to disclose the names of the members of the union.
l) Putting on "rotation" only the alleged members of the union.
m) Compelling employees to sign an instrument indicating that the employer observed
the labor standards provisions of the law when he might have not, together with the act
of terminating or coercing those who refuse to cooperate with the employer's scheme."
n) The cessation of a company's operations shortly after the organization of a labor union
and the resumption of business barely a month after, gives credence to the employees'
claim that the closure was meant to discourage union membership and to interfere in
union activities.
o) Provoking the union officers into a fight by two recently hired employees pursuant to a
strategy of the company designed to provide an apparently lawful cause for their
dismissal. The dismissed employees have not figured in similar incidents before or
violated company rules in their many years with the company.'
p) Transferring, laying off or assigning employees more difficult work or tasks, or
otherwise punishing them because they engaged in organizing and forming a union.
187) It is a contract which extracts from workers 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 of a labor organization.
a) employment contract
b) collective bargaining agreement
c) Yellow-dog contract
d) no union contract
BASIS: Paragraph b of Article 259 of the Labor Code
188) What is a Yellow Dog Contract (YDC)?
a) A YDC is an agreement that exacts from workers as a condition of

employment that they shall not join or belong to a labor organization, or
attempt to organize one during their employment or that they shall withdraw
therefrom in case they are already members of a labor organization.
b) A YDC is a valid contract that prohibits workers from joining or organizing a labor
organization.
c) A YDC is one which requires workers to be bound with their employer under a
pseudo-labor organization to bypass the Labor Code.
d) A YDC is a school designed to reach all the youth of our community, from the
rich to the poor.
BASIS: Article 259, Paragraph B of the Labor Code.

189) It is only when the contracting out of a ________, ________ or _________ being
performed by the SEBA members will interfere with, restrain or coerce employees in the
exercise of their right to self-organization that it shall constitute ULP.
a) job, work, service

b) job, work, security
c) work, security, labor
d) labor, work, task
RATIONALE: It is only when the contracting out of a job, work or service being performed
by the SEBA members will interfere with, restrain or coerce employees in the exercise of
their right to self-organization that it shall constitute ULP.
190) True or False
Statement 1. Contracting-out by the employer of a job, work or service being performed

by SEBA members is not per se ULP.
Statement 2. The employer is absolutely prohibited from contracting-out work or service
being performed by members of SEBA
a) Statement 1 is false.
b) Neither is true.
c) Statement 2 is false.
d) Both are true.
RATIONALE: The employer may contract-out services, work or job being performed by
SEBA members as a valid exercise of management prerogative. However, contracting-
out will be considered as ULP if the contracting-out will interfere with, restrain or coerce
employees in the exercise of their right to self-organization.
191) The statements below are decisions by the Supreme Court when contracting-out
becomes ULP. Which of the following is not correct?
a) The closure of Digiserv to outsource its operations to I-tech constitutes ULP.

b) It is unfair labor practice for employer to outsource the position in the existing
bargaining unit.
c) The target of the closure of Digiserv are the union- member employees which
proves that the termination the services of the affected employees are terminated
to defeat the security of tenure.
BASIS: Digital Telecommunications Philippines, Inc. vs Digitel Employees Union.
192) Which of the following are the standards stipulations in a CBA?
a) Non-economic or political
b) Economic or non-political
c) Both a and b
BASIS: Davao Integrated Port Stevedoring Services vs. Albarquez, GR. No. 102132,
March 19,1993,220 SCRA 197,204.
193) “Jurisdiction of Voluntary Arbitrators or Panel of Voluntary Arbitrators”
a) Article 274 of the Labor Code

b) Article 247 of the Labor Code
c) Article427 of the Labor Code
d) Article724 of the Labor Code
194) The union’s reliance on the ______ case is misplaced. The rule now is covered by
Article 274 (261) of the Labor Code. Clearly, only gross violations of the economic
provisions of the CBA are treated as ULP. Otherwise, they are mere grievances. In the
present case, the alleged violation of the union shop agreement in the CBA, even
assuming it was malicious and flagrant, is not a violation of an economic provision in the
agreement.
a) Shell Oil Workers Union v. Shell Oil Company of the Philippines, Ltd.
b) Kapisanan Ng Mga Manggagawa Ng Alak v. Hamilton Distillery Company
c) Wise and Co., Inc. v. Wise and Co., Inc. Employees Union-NATU
d) Caltex Philippines, Inc. v. Philippine Labor Organization
RATIONALE: Article 274 [261] is entitled “Jurisdiction of Voluntary Arbitrators or Panel

of Voluntary Arbitrators” where it is provided pertinently as follows: “xxx Accordingly,
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 the Collective Bargaining Agreement shall mean flagrant and/or malicious
refusal to comply with the economic provisions of such agreement.”
195) It is an Unfair Labor Practice (ULP) to initiate, dominate, 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.
a) Yellow Dog Contract

b) Contracting out of services and functions
c) CBA-related ULPs
d) Company union
BASIS: Article 212 (i), Labor Code; Section 1 (k), Rule I, Book V, Rules to Implement the
Labor Code
196) The cooling-off periods before a strike may be conducted are as follows?
a) In case of bargaining deadlock, the cooling-off period is thirty (30) days;

and in case of unfair labor practice, the cooling-off period is fifteen (15) days.
b) In case of union busting, the cooling-off period is 10 days.
c) In case of bargaining deadlock, the cooling-off period is twenty (20) days; and
in case of unfair labor practice, the cooling-off period is fifteen (15) days.
d) In case of bargaining deadlock, the cooling-off period is fifteen (15) days; and in
case of unfair labor practice, the cooling-off period is ten (10) days
BASIS: Art. 278(263) of the Labor Code.

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1) True/False

I. Independent legal personality of an affiliate union is not affected by affiliation

a) Both are correct.

3) Disaffiliation does not divest an affiliate union of its _________________.

4) Disaffiliation of an affiliate union is not an act of _________________.

6) Which of the following is correct regarding the principles of disaffiliation?

8) The following are not allowed to file a protest, except?

a) A labor union which is not a participant in the certification election

9) The following are correct regarding GLOBE DOCTRINE, except:

a) This principle is based on the will of the employees

RATIONALE: A certification of election can be held separately and would still be

a) the locations do go beyond inter-provinces

a) International School Alliance vs Quisimbing

a) Sole and exclusive bargaining agent (SEBA)

a) San Miguel Corporation vs. Laguesma

BASIS: Belyca Corporation vs. Ferrer-Calleja; GR 77395, November 29, 1988

15) TRUE OR FALSE

1. The SEBA represents only its members

16) TRUE OR FALSE

17) Which of the following statements is/are true?

a) Only statement I is true.

BASIS: Article 267 of the Labor Code.

18) Which of the following statements is/are true?

I. If the grievance or dispute is between an individual employee or group of employees

a) Only statement I is true.

BASIS: Article 273 of the Labor Code.

a) Insular Hotel Employees Union – NFL v. Waterfront Insular Hotel Davao

RATIONALE: The SEBA of the employees in a CBU may be determined through

BASIS: Section 3 of Department Order No. 40-I-15 series of 2015

23) In regards to the principles for inter-union or certification/representation disputes,

a) The employer is a mere bystander

I. Being notified or informed of petitions of such nature.

BASIS: Art. 271 [258-A] (Employer as Bystander) of the Labor Code.

RATIONALE: The Request shall indicate:

a. The name and address of the requesting legitimate labor organization;

a) DOLE Regional Director

a) Request for certification in unorganized establishment with only one (1)

RATIONALE: The majority status of the labor organization is conclusively presumed

BASIS: Art. 271 of the Labor Code

a) Regional Director; Med-Arbiter

a) DOLE Regional Director

BASIS: In Progressive Development Corp.-Pizza Hut v. Laguesma, G.R. No. 115077,

1) Being notified or informed of petitions of such nature; and

a) an employee or a legitimate labor organization

37) The Election Officer is authorized to conduct:

a) Certification, consent, run-off or re-run elections

a) DOLE Regional Director

BASIS: Article 269 of the Labor Code.

BASIS: Article 268 [256] entitled "Representation Issue in Organized Establishments"

BASIS: Article 268 [256] entitled "Representation Issue in Organized Establishments"

43) What is the purpose of the 25% written support?

a) Ensure that the petitioning union has a substantial interest in the

a) Failure of a local chapter/chartered local or national union/federation to submit

a) Contract bar rule

a) Contract Bar Rule

a) Contract Bar Rule

a) Both statements are correct.

a) Both statements are correct.

a) When the CBA does not foster industrial stability anymore.

a) Yes as the law so provides.

a) Certification year bar rule

a) Statutory Bar Rule

64) Fill in the blanks.