Labor Law 2 Notes

 Globe doctrine or will of the members.

Labor Relations: refers to that part of labor law which regulates the relations Globe Machine and Stamping Co.; International School
between employers and workers. Examples are the provisions of Book V of the Alliance of Educators (ISAE) v. Quimsumbing, GR No.
Labor Code which deals with labor organizations, collective bargaining, grievance 128845, June 1, 2000
machinery, voluntary arbitration, conciliation and mediation, unfair labor practices,
strikes, picketing and lockout.  Collective bargaining history doctrine; and
National Association of Free Trade Unions v. Mainit Lumber
Broadly, “labor relations” as understood within the ambit of Book V of the Labor Development Company Workers Union, GR No. 79526,
Code, dwell on the board and dynamic relationship between the employer and the December 21, 1990.
employee, its ramifications, and implications insofar as their respective rights and
interests are concerned as well as the modes of settling and adjusting their  Employment doctrine status.
differences and disputes. Just like any relationship founded on mutual interest, the Philippine Land-Air-Sea Labor Union v. CIR, GR No. 14656,
employer cannot exist without the employee and vice versa. It is in this light that Nov 29, 1960
laws are enacted to delineate and govern their relationship with the end in view of
promoting enduring industrial peace in the workplace. b) Voluntary Recognition.

Interpretation and Application of Labor Laws: c) Certification Election.

It is thus worth citing the instructive pronouncement of the Supreme Court  General Rule.
in the case of Philippines Today, Inc. vs NLRC (GR 122965) that “courts and quasi-  Bar Rules (Kampil-Katipunan v Trajano
judicial bodies, in the exercise of their functions and in making decisions, must not  In an unorganized establishment.
be too dogmatic as to restrict themselves to literal interpretations of words, phrases  In an organized establishment
and sentences. A complete and holistic view must be taken in order to render a just d) Run-off election
and equitable judgement.” e) Re-run election
For even Supreme Court, in deciding cases before it, does not matter-of- f) Consent election
factly apply and interpret laws in a vacuum. General principles do not decide specific g) Affiliation in and disaffiliation of the local union from the mother
cases. Rather, laws are interpreted always in the context of the peculiar factual union
situation of each case. Each case has its own flesh and blood and cannot be decided
 Affiliation
simply on the basis of isolated clinical classroom principles. The circumstances and
 Disaffiliation
actions before, during and after the operative fact, should all be taken in their totality
h) Substitutionary Doctrine
so that justice can be rationally and fairly dispensed with.
 Union dues and special assessments Requirements for validity
i) Agency fees
A. RIGHT TO SELF-ORGANIZATION  Requisites for assessment

1. Who may unionize for purposes of collective bargaining. B. RIGHT TO COLLECTIVE BARGAINING
a) Who cannot form, join, or assist labor organizations.
1. Duty to bargain collectively; concept; freedom period; automatic renewal clause;
2. Bargaining Unit. Kiok Loy Doctrine (Kiok Loy v NLRC, G.R. No. L-54334, January 22, 1986, 141
a) Test to determine the constituency of an appropriate bargaining unit. SCRA 179,188)
What are the four tests to determine the appropriate bargaining unit? Situations contemplated
In the absence of CBA
 Community or mutuality of interest doctrine. When there is an existing CBA
St. James School of Quezon City v. Samahang Mangagawa sa Collective bargaining agreement
St. James School of Quezon City, GR No. 151326, Nov 23, CBA
2005 Requisites
Principles on CBA
Mandatory provisions of CBA demand or acceptance of negotiation fees or attorney’s fees
Grievance procedure violation of the CBA
Voluntary arbitration criminal liability for ULPs of labor organization
No strike-no lockout clause
abor management council(Citrek Employees Labor Union-Federation of Free
Workers v. Cirtek Electronics, Inc.)
uration of CBA (Rivera v. Espiritu, G.R. No. 135547, Jan 23, 2002)
For economic provisions
For non-economic provisions
Freedom period
Union security (Cariño v. NLRC, G.R. No. 91086, May 8, 1990, 185 SCRA 177)
a. Union security clauses; closed shop, union shop, maintenance of membershipshop,
etc.
b. Check-off; union dues, agency fees
Unfair labor practice in collective bargaining (General Milling Corporation v. CA,
G.R.No. 146728, Feb. 11, 2004; Colegio de San Juan de Letran v. Association of
Employees and Faculty of Letran, G.R. No. 141471, September 18, 2000; Philippine
Diamond Hotel and Resort, Inc. v. Manila Diamond Hotel Employees Union, G.R.
No. 158075, June 30,2006)
a. Bargaining in bad faith
b. Refusal to bargain
c. Individual bargaining
d. Blue sky bargaining
e. Surface bargaining
Unfair labor practice
a) Nature of ULP
b) ULP of employers(Insular Life Assurance Co. Ltd., Employees Association-
NATU v. Insular Life Assurance Co., Ltd., G.R. Nos. L-25291, Jan.
30,1971, 37 SCRA 244; Hacienda Fatima v. National Federation of
Sugarcane Workers – Food and General Trade, G.R. No. 149440, Jan. 28,
2003)

Interference with restraint or coercion of employees in the exercise of their

rightto self-organization
Yellow dog contract
Contracting out of services and functions
Company union
Discrimination
Filing of charges or giving of testimony
CBA-related ULPs; payment of negotiation and attorney’s fees; violation of
theCBA
c) ULP of labor organizations
restraint and coercion of employees in the exercise of their right toself-organization
discrimination
duty of union to bargain collectively
Anti-featherbedding doctrine