Final Examinations

Labor Law 2
Prof. D.C. Gutierrez

Enumerated below are the coverage and procedures to be followed for the
Examinations. The exam will be conducted using Microsoft Word and Google
Drive to address multiple face/noise detection, auto-submission, device
problems, and lessen any internet connectivity issues.

I trust you will make the necessary arrangements to ensure that you are
able to take and submit the exam.

Procedures and Guidelines

1. On the day of the exams, log in to the official Zoom session of your class.
Turn your camera/videos ON and your mic on MUTE. I must be able to
see your actual live picture while taking the exam. Ensure that your device
and internet connection are working prior to entering the Zoom session.

2. The link where you can access the exam questions will be posted at
the chat box of the zoom class. The exam will start and end at the
appointed time (4:30 p.m. to 7:30 p.m.)

3. The exam will be conducted with the use of Microsoft Word and
submission via Google Drive

You may submit using the following document formats: a Microsoft

Word Document (.doc) or Portable Document Format (.pdf) with your
LASTNAME_FirstName as the file name.

Font: Arial 14 Spacing: 1.15

Place 2 spaces after each number

4. Any questions while the exam is ongoing must be posted on the chat box
to avoid disrupting others while taking the exam. Answers will be given via
chat box or announced on audio.

5. Once you have completed the exam, submit by uploading the file to the
Google Drive. Uploads beyond (7:45 p.m.) will no longer be accepted.

6. You may leave the zoom class once you are finished.

7. No need to ask permission to go to the bathroom. Just go. Return

immediately.
 LABOR RELATIONS
(D.C. Gutierrez)

FINALS

Answer concisely but fully. Do not repeat the question in your answer. Be sure to
answer responsively each question and its sub-questions. Limit your answers to
15 short sentences per answer. 10 pts. Each. FOLLOWING DIRECTIONS IS
PART OF THE EXAM. DO NOT FORGET TO PUT YOUR NAME.

(1) Avoiding the boilerplate rhetoric of “industrial peace,” “labor harmony,” and
“protection of labor,” explain why “COLLECTIVE BARGAINING” is the
preferred dispute settlement machinery

(2) What are the component parts of the DEADLOCK BAR RULE? Is the
application of the DOUBLE MAJORITY RULE material to the process?

(3) Upon hearing reports of rumblings in Excelsior Ham Factory last December
due to delayed 13 month and minimized bonus despite huge sales,
Kilusang Walang Kasapi (KWK), a registered federation immediately filed a
petition for certification election, with nary a registered member in
Excelsior. The company filed an opposition to the move alleging total lack
of support from the proposed unit. KWK counter-argued that Excelsior is an
UNORGANIZED establishment, as well as reliance on the DISCRETION
RULE in certification elections. As the med-arbiter, who must decide on the
matter, what will be your ruling? Will you let the certification elections push
through?

(4) What is a “completeness of agreement” clause in a CBA? How does its

existence differentiate a CBA from other agreements in Philippine contract
law?

(5) How did the series of events and company acts in the case of Insular Life
lead to the formulation of the present accepted test on the existence of
UNFAIR LABOR PRACTICE? You should be able to cite/characterize the
acts to support your conclusion.

(6) Kilusang Walang Magawa (KWM) and AGAW (a ride sharing company)
negotiated a CBA, without lawyers on the part of the KWM. At the
conclusion of bargaining, but before finalization, Macintosh “User Friendly”
Ginoo; union president came to you, his friend and perennial “pro-bono,

2
 puro-abono” counsel to help draft the final form of the CBA, particularly the
union security clause. The salient points of the discussion were:

a. Union membership is not mandatory

b. Present members and those joining later must remain as such,
c. Those who opt out of membership must pay a “walang gulangan”
amount equivalent to monthly union dues if they accept benefits
under the CBA.

Help Macintosh in the last draft of the union security clause after
identifying what kind of clause it is.

(7) After a bruising and contentious certification election, Allied Free

Pantyworkers (AFP) led by Maxine dela Cruz, won over the Nagkaisang
Pantyworkers Alliance (NPA) led by Rodel Doble Cara. Negotiations with
ENSO LINGERIE commenced with neither side moving much after 3
months. At this point, ENSO changed its negotiating team and hired Moira
Defensor a skilled labor practitioner to head it. Moira and Maxine were
surprised to meet again after a long time since they were closeted lesbian
lovers in law school. Suddenly, negotiations took off. AFP was given an
office, paid staff and a FB Versa Van though not demanded, together with
other non-monetary demands. ENSO on the other hand got an agency fee
union security clause from the previously demanded closed preferential
shop. Negotiations over wages and other monetary demands were still at
standstill. When Doble Cara learned of this development, he had their past
investigated. When he learned of their previous relationship, NPA
immediately filed with the NLRC a petition to declare AFP a company
union, void the previous C.E. and to hold a new one. As the labor arbiter to
whom the case is raffled, decide the case.

(8) Negotiations have been prolonged and no CBA has been executed after 3
months of bargaining. A petition was filed with the Department of Labor
consisting of the signatures of 80% of rank and file employees with the
request that further collective bargaining should be conducted through two
individual representatives freely chosen by the employees. Should this
petition be granted?

(9) May non-workers such as AUSL students assist and join employees in a
picket of company premises in the course of a strike? Suppose illegal acts
are committed in the course of the picketing, may the activity (picketing)
itself be curtailed?

(10) The Secretary of Labor issued an order assuming jurisdiction over the labor
dispute in Mabantot Bagoong & Patis Factory, which exports 10% of its
production to the U.S. The dispositive portion read in its entirety thus:
“Wherefore this Office assumes jurisdiction over the labor dispute at MBP

3
Co. The parties are directed to file position papers within 10 days from
notice.”

As a result, management posted huge notices directing the workers to

return to work within two days. The Union refused, stating that no such
return to work order was mentioned in the Secretary’s assumption order.
The Company in response terminated their employment. Later, after
pleadings were filed, the Secretary of Labor found for management,
declared the strike illegal and ordered the workers to return to work except
the union officers who were considered terminated.

With what you have learned about the nature of compulsory arbitration, the
components and parameters for its valid exercise and implementation by
the Secretary, resolve the foregoing situation, taking into consideration the
relevant case rulings on the matter.