2010 LABOR RELATIONS EXAM (REMEDIES)

Errors in the findings of fact of the Labor Arbiter’s decision are appealable to the NLRC. FALSE
The Labor Arbiter cannot entertain a Motion for Reconsideration of its decision. TRUE
Where the complaint filed before the labor arbiter is vague and lacking in particularity, a Motion for a Bill of FALSE
Particulars is in order.
Grave abuse of discretion on the part of the Labor Arbiter is not the subject of an appeal but may be immediately raised FALSE
to the NLRC on Certiorari.
Dismissals which constitute ULP prescribes in 2 years. FALSE
Money claims arising from employer-employee relationships prescribes in 3 years. TRUE
Non-monetary benefits arising from a CBA prescribes in 5 years. FALSE
Ordinary illegal dismissal complaints prescribe in 4 years. TRUE
A break-away faction of a labor federation cannot, even after notice and hearing, be granted by the Med-arbiter a FALSE
separate federation license.
The Med-arbiter can rule on the division of real properties and funds between a Federation and its splinter group, and FALSE
issue orders for the Federation to convey certain properties to the splinter group constituted as a new federation.

As a general rule, an employer cannot file a Motion to Dismiss a complaint for illegal dismissal. TRUE
It is not grave abuse of discretion for the Regional Director of Labor to dispatch Labor Standards Inspectors to TRUE
workplaces chosen at random and from which no complaints have yet been filed with the DOLE Regional Office.

Med-arbiters must direct petitioning union to furnish the employer of a copy of their petition for certification election if TRUE
that __[?]____ .
House helpers cannot file an unfair labor practice complaint with the labor arbiter. TRUE
Casual employees of the GSIS cannot file money claims complaints with the labor arbiter. TRUE
The GSIS cannot successfully move the dismissal of money claims complaint filed by employees of the Janitorial TRUE
Agency against it for underpayment of wages.
An employer whose factory operations has been ordered closed by the Regional Director of Labor on health and FALSE
occupational safety grounds but without the benefit of a hearing can successfully counterman the suspension order on
Certiorari with the Court of Appeals for violation of due process.
A Motion to Intervene by the employer in a petition for certification election should be dismissed by the Med-arbiter. TRUE

The Philippine Overseas Employment Administration has original and exclusive jurisdiction over money claims arising FALSE
from overseas contracts of employment, land-based or sea-based.
Wage distortion complaints must be processed through the grievance machinery. FALSE
It is no longer within the purview of the grievance machinery when an employer insists on an interpretation of an FALSE
economic provision of the CBA that is lower than the benefit that the union’s interpretation of the same provision
fetches.
Retaliatory dismissals under Art. 118 of the Labor Code are under the original and exclusive jurisdiction of the Labor TRUE
Arbiter.
Unfair Labor Practice dismissals under Art. 248 € of the Labor Code are under the original and exclusive jurisdiction of TRUE
the Labor Arbiter.
Complaints arising from Art. 241 of the Labor Code on Rights and Conditions of Union Membership must first be FALSE
submitted for conciliation and mediation with the NCMB before the same can be filed with the Med-arbiter.

The Labor Arbiter cannot, does not, order reinstatement pending appeal. TRUE
The Regional Director of Labor has no authority to issue a writ of execution. FALSE
The Med-arbiter has no power to award damages in an intra-union dispute. TRUE
The Regional Director of Labor can award attorney’s fees in the exercise of his/her adjudicatory powers. FALSE
Homeworkers cannot file a petition for registration of a legitimate labor organization with the Med-arbiter. FALSE

House helpers can file a petition for registration of a labor organization with the Med-arbiter. FALSE
Employees of government owned and controlled corporations with original charters can file petitions for certification TRUE
election with the Med-Arbiter.
The Med-arbiter has no power to rule upon certification election contests in the government sector. FALSE
A labor arbiter can act as a voluntary arbitrator. TRUE
A voluntary arbitrator cannot be the subject of a mandamus suit. FALSE
Decisions of the labor arbiter must be appealed to the NLRC within 15 days upon receipt of the copy of the decision. FALSE

Decisions of the Regional Director of Labor, in the exercise of adjudicatory powers, is appealable to the NLRC. TRUE

Decision of the Regional Director of Labor, in the exercise of adjudicatory powers, is appealable within 5 days from TRUE
receipt of a copy of the decision.
The Regional Director of Labor has no jurisdiction to explicitly rule upon whether or not employer-employee TRUE
relationship exists when the same is challenged.
The Labor Arbiter cannot issue a writ of replevin. TRUE
The NLRC can issue a temporary restraining order stopping any of the prohibited practices under Art. 264 of the Labor TRUE
Code.
The Secretary of Labor can issue a Temporary Restraining Order against an employer who has served notice of TRUE
termination of employees.
The NLRC, not the Labor Arbiter, can declare a strike legal or illegal. FALSE
The Supreme Court, upon joint motion of the parties, can refrain from deciding a labor case before it on appeal and TRUE
endorse the same to a voluntary arbitrator pre-agreed by the parties.
Based on the report of a Labor Standards examiner, the Regional Director of Labor may issue compliance orders to the TRUE
employer concerned.
The employer may challenge a DOLE Regional Director’s compliance order with payroll records and employees’ file FALSE
history not otherwise considered during inspection.
In an assumption of jurisdiction case under Art. 263, the decision of the Secretary of Labor can eb appealed to the FALSE
Supreme Court.
Violations of Overseas Contract Workers employment contracts can merit reimbursement of whatever placement fee TRUE
was paid plus 12% annual interest.
The GSIS is exempt from the payment of an appeal bond required by Art. 223 of the Labor Code. TRUE
The National Wages and Productivity Board grants exemptions to wage orders, upon application, hearing, and notice, FALSE
to qualified employers.
The National Labor Relations Commission, or nay labor arbiter, can issue a writ of execution within 5 years from the FALSE
date its decision has become final and executory.
2013
The National Labor Relations Commission is directly under the Secretary of Labor & Employment. FALSE
The National Wages & Productivity Commission and all Regional Tripartite Wages & Productivity Boards are under TRUE
the Secretary of Labor & Employment.
The Regional Director of Labor, when he/she decides money claims which are not accompanied with a prayer for TRUE
reinstatement, is exercising quasi-judicial powers.
Decisions of Regional Director of Labor on pure money claims in the exercise of quasi-judicial powers may be FALSE
reviewed by the Secretary of Labor.
Where several employees bring a purely money claims complaint before the Regional Director of Labor, but one of the FALSE
claims exceeds the P5,000 jurisdictional amount, that one claim alone shall be segregated from the rest and oases on to
the labor arbiter.
Decisions of the Regional Director of Labor on pure money claims complaints must be appealed within 10 calendar FALSE
days from receipt of a copy of the decision or resolution.
The Regional Director of Labor, in the exercise of quasi-judicial powers, must decide a purely money claims complaint TRUE
within 30 calendar days from the date of its filing.
Every one of the rights and conditions of membership in a labor organization listed in Art. 249 of the Labor Code TRUE
(Except those that have been repealed) may give rise, if violated, to an intra-union controversy which can be subject to
a complaint under the jurisdiction of the Med-Arbiter.
A union member has been expelled without proper investigation and hearing by the Union president, who is also an ex FALSE
officio head of the appeals committee; the expelled union member is not allowed to immediately file a complaint with
the Bureau of Labor Relations without prior resort to the appeals process demanded by the union’s by-laws.

To fail to submit reports on the status of OFW employment, placement vacancies, remittances of foreign exchange TRUE
earnings, departures and such other required matters of information by a licensed recruitment agency is illegal
recruitment.
Illegal recruitment in a large scale punished by life imprisonment may eb committed even if there is only one victim- TRUE
complainant.
The Secretary of Labor, not the POEA Administrator, can cancel a license to recruit after proper investigation and FALSE
hearing.
The regular courts, to the exclusion of the POEA, has original and exclusive jurisdiction over illegal recruitment. FALSE

Money claims complaints of OFWs, including employees’ compensation and social security claims, are now under the TRUE
jurisdiction of the Labor Arbiter.
POEA has jurisdiction over claims of an airline over unpaid plane tickets bought by a licensed placement agency on FALSE
credit and agreed by the latter to be chargeable against its bond filed with the POEA.

The Regional Director of Labor has no power to order the stay of a retrenchment brought to his office’s attention by the FALSE
filing of a notice of retrenchment, containing the names of those included in the retrenchment, 30 days before the
scheduled retrenchment.
The Regional Director of Labor has the power to order the suspension of operations of a workplace without prior notice TRUE
or hearing.
The Secretary of Labor and, if delegated only by the Secretary, the Bureau of Labor Relations, may inspect the FALSE
premises of a Legitimate Labor Organization, and demand the production of its latest roaster of members, list of elected
officers, and latest audited financial statements.
The Voluntary Arbitrator has the power to order an ocular inspection of the workplace and, in the course of the same, FALSE
compel any of the workers and management officials present at the workplace to testify under oath under pain of
contempt.
The Med-Arbiter cannot entertain a complaint-petition for the issuance of an order directing the treasurer of a union, TRUE
the exclusive bargaining agent at the workplace, if the same is filed during the 60-day freedom period, even if the
complaint-petition is signed by at least 30% of the union membership.
A local employer who wishes to employ a non-resident alien must secure a work permit together with the application FALSE
for the appropriate visa from the Bureau of Immigration.
The National Conciliation and Mediation Board has no jurisdiction and no role at all to play in wage distortion cases FALSE
where the workers are already represented by a union with a valid subsisting CBA with their employer.

The Wage Order issued by a Regional Tripartite Wage & Productivity Board, after it has cancelled more than half of FALSE
the public hearings the RTWPB itself has scheduled among unions, civic groups, students, and employer organizations,
can be successfully challenged as an act of grave abuse of discretion.
Non-implementation of wage order is a valid ground for a strike. TRUE
A wage distortion is not a valid ground for a strike. TRUE
Where the CBA provides, “the yearly increases herein provided shall be over and above whatever wage order may be FALSE
mandated,” management’s refusal to apply the wage orders to all in the collective bargaining unit, even those not
covered by the wage order, is a gross violation of the CBA and a valid ground for a strike.

A criminal case for violation of the minimum wage law may be filed against an employer who refuses to implement a TRUE
new wage order.
Unfair Labor Practice (ULP) complaints cannot be compromised. TRUE
The Labor Arbiter can still correctly rule that no illegal strike is committed even if no ULP was in fact committed in a TRUE
purportedly ULP-called strike.
A decision of the Labor Arbiter that ULP has been committed may be executed by means of a “Cease & Desist” Order. TRUE

A Labor Arbiter may award damages to a 3rd party (e.g. a passerby, pedestrian) who sustains bodily injury as a result FALSE
of violence committed during a strike.
Money claims prescribe in 3 years. TRUE
Illegal dismissal prescribes in 4 years. TRUE
Illegal dismissal that is provided in the notice of strike as a ground therefor prescribes in 1 year. TRUE
Retaliatory dismissal for bringing a complaint against the employer’s non-payment of regular holiday pay prescribes in TRUE
4 years.
Retaliatory dismissal for bringing a complaint against surveillance by the employer of employees union activity TRUE
prescribes in 1 year.
The best defense of the employer against the charge of non-payment of overtime is the payroll records. TRUE

The employer is required by the Labor Code to maintain payroll records for at least 3 years. TRUE
An assumption of jurisdiction over a labor dispute may be done by the Labor Secretary at the behest of neither the TRUE
management or labor.
Alone and standing by itself, the claim of a salesman of his prize of a house and lot for garnering the highest sales in a TRUE
contest launched by his employer does not belong to the jurisdiction of the Labor Arbiter.

The general manager’s failure to pay, before he resigned, his back accounts consisting of repairs done to his personal FALSE
car while still manager is covered by the jurisdiction of the Labor Arbiter as “money claims arising from employer-
employee relationship.”
The abandonment of a pilot for another higher paying job with a rival airline in violation of a written contract of FALSE
employment which provides for liquidated damages scaled according to the number of years he serves after his
training, and which written contract is secured by a subsidiary contract of surety, is still under the jurisdiction of the
Labor Arbiter.

The termination of a purely managerial employee by the non-voting of the Board of Directors to retain him in the TRUE
board-appointed position cannot fall within the jurisdiction of the Labor Arbiter.
The dismissal of a university professor on the sole issue of academic freedom still belongs, in the first instance, to the FALSE
Labor Arbiter and not to the Commission on Higher Education.
The Labor Arbiter has jurisdiction over the complaint against the bishop by a parish priest for his dismissal from his FALSE
position by “excommunication.”
An employee-salesperson cannot stop his employer, by taking refuge behind an NLRC restraining order, and prevent TRUE
the same employer from securing from the courts a writ of replevin to recover from him possession of the car given for
his use according to a “car plan” that is secured by a chattel mortgage.

A decision of the Labor Arbiter finding that illegal dismissal has been committed renders reinstatement of the TRUE
complainant-employee mandatory pending appeal regardless of whether the complainant moves for its immediate
execution or not.
There is no obligation to return wages received by reason of a complainant-appellee’s payroll reinstatement pending TRUE
appeal, should the original decision of the Labor Arbiter be reversed by the NLRC, or by the Court of Appeals & the
Supreme Court eventually.
There is no need to post a bond where the respondent employer appeals a decision of the Labor Arbiter only as to the TRUE
amount of moral damages awarded, not including the money claims.
A Barangay Lupon clearance is required before filing a money claims complaint with the Labor Arbiter, if the FALSE
respondent employer is not a juridical person and both complainant and respondent live in the same barangay.

2015
It is the petitioning union’s responsibility to see to the posting of the notice of petition for certification election in 2 FALSE
conspicuous places in the workplace or in every location in case of multiple workplaces.
An employer can file an opposition to a petition for certification election, even if he/she/it is not considered a party to FALSE
the proceeding, but only cases where the contract bar rule applies.
A decision to call a certification election or deny the same must be handed down to the Med-Arbiter within 10 days FALSE
from the last hearing, and copies thereof sent by registered mail to union and employer.
If an employee is included within the bargaining unit as of 4 months prior to the filing of a petition for certification FALSE
election, he/she is deemed an eligible voter.
The union secretary is responsible for posting the notice of election date at least 10 days before the actual date of the FALSE
election in 2 conspicuous places in the company premises.
The med-arbiter is responsible for posting the list of employees comprising the bargaining unit for purposes of FALSE
certification election.
A union, which is unregistered or without a local charter, even if it garners the majority valid votes cast, cannot be FALSE
declared the winner of a certification election.
“Re-run Election” is the new, amended name for a “Run-off Election.” FALSE
A “Referendum” is decided by the majority of the valid votes cast by all those included in the bargaining unit. FALSE

A cancellation of union registration is decided by the majority of the valid votes cast of the bargaining unit, in a FALSE
meeting duly called for the purpose.
A Kasambahay can file a money claims complaint only with the office of the Regional Director of Labor. FALSE
The Regional Director of Labor may issue a writ of execution when the workplace inspection findings and TRUE
recommendations are not satisfactorily challenged, even if the wage amounts of underpayment are in excess of
P5,000.00 per employee involved.
Decisions of Voluntary Arbitrator (VA) are appealable to the Court of Appeals by way of Petition for Review on TRUE
Certiorari under Rule 43.
Appeals from decisions of VA are appealable within 15 days from the receipt of a copy of the decision. TRUE
Decisions of the VA become final and executory within 10 days from receipt of a copy of the decision. TRUE
The VA has no power to order the conduct of ocular inspection of the workplace where the controversy originated. FALSE

A Labor Arbiter cannot be designated as a VA of a particular labor dispute which is not even filed with his/her office. FALSE

Vas have no jurisdiction at all over unfair labor practice. FALSE

Controversies arising from the interpretation and application of Collective Bargaining Agreement (CBA) provisions, TRUE
whether economic provisions or not, belong to the original and exclusive jurisdiction of the VA after unsuccessful
threshing out through the grievance machinery of the CBA.
Controversies concerning the propriety of salaries/honoraria of the union’s officers are within the jurisdiction of the FALSE
Labor Arbiter.
Claims for reimbursement by the Union President which are disallowed by the union treasurer and the union internal TRUE
auditor is within the jurisdiction of the Med-Arbiter.
Claims for unpaid director’s fees and travel allowance by the president of a company against the board of directors TRUE
cannot be filed with the NLRC.
The Secretary of Labor has no power, motu proprio, to order the strikers to stop their concerted action. FALSE
The National Labor Relations Commission (NLRC), in certified cases, when ordered by the Secretary of Labor, acts as TRUE
an extension of the Secretary’s office, but can delegate the hearing thereof to the Executive Labor Arbiter nearest the
site of the labor dispute.
The Labor Arbiter has jurisdiction to hear an employer’s complaint against its resigned general manager on his failure FALSE
to pay for his car repairs the money for which was advanced by the employer.
When a dismissed employee refuses to return the car in his possession under a car plan, the proper remedy is to be TRUE
sought with the regular courts on a petition for a writ of replevin.
The President of the Republic can take over a Labor Dispute and order the disputants to end their strike and return to TRUE
work and the employer to receive the workers back into the workplace.
Money claims consisting of SSS disability claims denied can be raised together with other money claims with the labor FALSE
arbiter.
A labor arbiter’s decision holding an employer guilty of illegal dismissal is immediately executory pending appeal, TRUE
without need of a writ of execution.
A Med-Arbiter has power to award damages against a union for the malicious manner by which a union member was FALSE
expelled.
A Labor Arbiter has power to award damages against an employer for the wanton manner by which an employee was TRUE
dismissed.
Money claims consisting of SSS disability claims denied may be raised by the Overseas Contract Worker together with TRUE
his other money claims with the Labor Arbiter.
Unfair Labor Practice suits, if involving a sum of money, may be compromised. FALSE
In deciding ULP issues involving bargaining deadlock cases, the Secretary of Labor, in the exercise of his FALSE
extraordinary powers udder Art. 277(g), may subpoena the production of records of the minutes of mediation and
conciliation sessions under the NCMB.
The NLRC has no original and exclusive jurisdiction, only appellate jurisdiction. TRUE
The National Wage and Productivity Commission has no power to permanently exempt any employer from the effects TRUE
of a Wage Order.
Under Department Order No. 147-15
All controversies involving termination must be brought to the Single Entry Assistance Desk officers (SEADOs) of the FALSE
various field offices of the DOLE for mediation/conciliation.
Where a settlement is reached on a termination dispute before the SEADOs, it should be reduced into writing by the TRUE
SEADO, signed by the parties before the Officer, the same being final and binding upon the parties.

Where no settlement is reached on a termination dispute before the SEADOs, the same should be referred to the Labor TRUE
Arbiter for compulsory arbitration, unless the parties opt for voluntary arbitration.
No Labor Arbiter can take cognizance of any complaint for illegal dismissal unless there us referral from SEADO. TRUE

It is the proper division of the NLRC that can execute, upon request for enforcement by the SEADO, of a settlement FALSE
agreement in case of non-compliance thereof.
Likewise, in case of non-compliance of a settlement agreement of a termination dispute, the aggrieved party TRUE
(employer/employee) is also free to file the appropriate actin before the appropriate forum.
Under Department Order No. 40-1-15
A blank ballot cast by an eligible voter during a certification election is counted, for purposed of determining a valid FALSE
election, and tallied in favor of “no union.”
A “re-run election” is necessarily preceded by an earlier legally unsatisfactory but valid certification election. FALSE
A “request for Sole and Exclusive Bargaining Agent (SEBA) Certification” may eb filed either for unorganized or FALSE
organized establishments.
A Request for SEBA Certification is deemed withdrawn if its defect remains uncorrected after 5 days from notice FALSE
thereof.
A Request for SEBA Certification involving unorganized establishments may be referred to the Election Officer for the TRUE
conduct of certification election if the Request is contested by an employee within the bargaining unit concerned and
the requesting union fails to complete the requirements for SEBA certification.

The DOLE Regional Director is required to see to the posting of the SEBA Certification for 15 consecutive days in at TRUE
least 2 conspicuous places in the covered bargaining unit.
A Request for SEBA must be under oath and signed both by the authorized representatives of the union and the FALSE
employer.
A petition for certification election and its supporting documents may now be filed online. TRUE
2016
A legitimate labor organization, as long as it is operating and has members at the workplace level, has the right to go on FALSE
strike.
A notice of strike is filed even before the union membership has decided to go on strike. TRUE
Where both bargaining deadlock and unfair labor practice (ULP) are invoked as the ground for strike, the cooling off TRUE
period is 30 days from the filing of the strike notice.
It is the National Conciliation and Mediation Board who furnishes the employer with the copy of the notice of strike FALSE
together with the summons of conciliation and mediation.
Where the NCMB has convinced the union to extend the conciliation and mediation sessions with the employer for FALSE
another week after the expiration of the cooling-off period and waiting period, it would be premature and in bad faith
and illegal for the union to go on strike before the end of the agreed extension period.

A “recognition strike” is filed by a legitimate labor organization that has won the certification election the result of TRUE
which the employer refuses to accept, thus delaying the collective bargaining process.
Notice to the Regional Office of the DOLE for the taking of a strike vote by the union must be given at least 24 hours TRUE
before the scheduled strike vote.
The DOLE does not have a duty to supervise the taking of the strike vote. TRUE
The taking of a strike vote by secret ballot is only mandatory if the DOLE representative neither conducts nor observes FALSE
the strike vote proceedings.
An exclusive bargaining agent has the right to go on strike on the ground of bargaining deadlock. TRUE
The 10-day waiting period after the taking of the strike vote must be, by DOLE directive, in addition to the cooling-off FALSE
period even if the strike vote is taken during the cooling-off period.
Since the purpose of the waiting period is to afford any union member who has objections to the manner of the strike FALSE
vote taking, conciliation or mediation sessions may no longer be conducted after the strike vote.

A majority vote of all those within the bargaining unit is the minimum requirement in a strike vote to grant validity to FALSE
strike.
A “wildcat strike” is necessarily a violation of the no-strike clause in the CBA. TRUE
A work stoppage undertaken by the workers by taking over the work premises and preventing the employer and TRUE
management from entering therein is called a “sit-down strike.”
No union member may conduct valid and legal picketing of the work premises gate without the approval of the union FALSE
leadership.
The residence of the general manager, which is not located within the workplace, cannot be legally and validly picketed TRUE
simply because the union has unsolved complaints against the GM.
The new residents to which expatriate consultants—who used to reside at the visitor’s quarters within the company FALSE
compound—have been transferred in preparation for the strike may be picketed as a “run-away shop.”

A “Scab” is not always a strike-breaker, who is considered illegal by the Labor Code. TRUE
Where a union files an opposition to the formal request for the DOLE secretary to assume jurisdiction over a labor FALSE
dispute, the Secretary must conduct a hearing before h/she can decide to assume jurisdiction over the same labor
dispute.
The DOLE secretary may, in the assumption of jurisdiction order, provide that certain groups of workers whose FALSE
termination is one of the grounds for calling the strike but which has already been ruled separately and with finality as
legal by the voluntary arbitrator, need not be included in the return to work order.

An assumption of jurisdiction order has the effect of consolidating all cases pending between the same parties in other FALSE
forums, including those already ruled upon by the labor arbiter or voluntary arbitrator with finality, as long as they
have a rational connection with the complete resolution of the dispute between he management and labor.

Where the Secretary certifies a dispute to the NLRC, the Commission acts as an independent and distinct body, with FALSE
original jurisdiction over the parties and discretion to issue such interlocutory orders, such as no actual but only payroll
return-to-work, when in its judgment the same is necessary for the welfare and safety of all concerned.

The president can exercise the power to assume jurisdiction over a labor dispute, in which case he/she does not have to TRUE
hear the case but may delegate the DOLE secretary or other lower official to conduct hearings over the issues between
employer and employee union.
A union representative that is voluntarily recognized and not certified after a certification election cannot declare a FALSE
strike.
Where the strikers attack and injure the company security guards for suddenly opening the company’s entrance gates FALSE
and destroying the structures propped up against the gates to shelter the strikers against the rain and the sun, the
company may indict the union and it leaders for conducting an illegal strike.

Monthly paid, white collar workers, who though they are present, are unable to report for work because of the heavy FALSE
picket lines of the striking daily-paid production workers union, are entitled to be paid for the working days on which
they actually showed up.
Striking workers are not entitled to strike duration pay. TRUE
The regular courts have jurisdiction to grant an injunction petitioned by airline plots and stewards/attendants unions as FALSE
against janitorial and physical plant workers union that goes on a strike and shuts down the airport terminal.

The transferee of an establishment struck against has no standing as an “innocent bystander” to petition the regular TRUE
courts for an injunction against the striking union of the transferor’s employees.
When the picketing employees accost the clients of the bank struck against, and allow only the clients who are TRUE
withdrawing from the bank to go in, the bank may go to the NLRC for an injunction to stop the union from continuing
such acts.
Prohibited acts committed during a strike may be subject to criminal prosecution before the regular courts. TRUE

The municipal/city courts and the regional trial courts has concurrent jurisdiction for criminal violations by way of TRUE
prohibited practices committed during a strike.
The Secretary of Labor has visitorial powers over labor organizations and their offices. TRUE
The Bureau of Labor Relations has visitorial powers over labor organizations and their offices. TRUE
The PEOA, not the Secretary of Labor, exercises visitorial powers over recruitment/placement/manning agencies. FALSE
The Regional Director of DOLE has no visitorial powers over workplaces for the purpose of determining whether there FALSE
are violations of RA 10364 otherwise known as “Expanded Anti-Trafficking in Persons Act of 2012.”

A dissatisfied union member, after affording the union authorities to act on his complaint for discriminatory non- FALSE
representation, may file with the BLR his complaint for discriminatory non-representation with prayer for damages and
attorney’s fees.
The med-arbiter has no jurisdiction to deny, in a petition for certification election in an unorganized establishment, a TRUE
joint motion by union and management to submit the specific and sole issue as to whether or not a certain group of
employees are embraced and within the proposed appropriate bargaining unit.

The labor arbiter has no jurisdiction over an employee disciplinary case that has gone through the grievance machinery, FALSE
and the employer re-affirms its decision of imposing the penalty of suspension of the employee.

The labor arbiter has no jurisdiction to award Attorney’s Fees in an ULP case for flagrant refusal to implement a CBA TRUE
anniversary increase.
The Voluntary Arbitrator exceeds his power if he orders immediate reinstatement pending appeal of an employee it has TRUE
ruled to have been illegally dismissed.
The Labor Arbiter’s decision ordering the reinstatement of an employee it has ruled to have been illegally dismissed, TRUE
does not require a motion for execution but is immediately executory pending appeal.

The Regional Director of DOLE has adjudicatory jurisdiction over money claims from kasambahay, commercial, FALSE
industrial, or agricultural workers the individual aggregate amount of which is les than P5,000.00 and not accompanied
by a prayer for reinstatement.
The Regional Director of DOLE adjudicatory money claims decision is appealable not to the Secretary of Labor but to TRUE
the NLRC.
The Regional Director of DOLE adjudicatory money claims decision is appealable on the same limited grounds TRUE
provided by Article 229 (223).
The Regional Director of DOLE adjudicatory money claims decision is appealable within five (5) days from receipt of TRUE
a copy of the decision or award.
Money claims prescribe in three (3) years. TRUE
Illegal dismissal complaints prescribe in four (4) years. TRUE
Unfair Labor Practice dismissal complaints prescribe in one (1) year. TRUE
2021 LABOR RELATIONS EXAM (REMEDIES)
(1) Rose, a Kasambahay of Mr. & Mrs. Rolando Rocue of Davao City, sent a letter to the Regional T
Director of the Department of Labor & Employment complaining that she had not been paid 13th
month pay even after the lapse of more than one calendar year of service. The Regional Director
has jurisdiction over the complaint and can summon the spouses to the regional office.

(2) (Refer to the previous No. 1 question) If the Roque spouses fail to show before the DOLE F
Regional Director, the latter may send a labor inspector to do up a labor standards inspection of the
Roque spouses' residence.
(3) (Refer to the previous No. 1 question) If the Roque spouses fail to show up before the DOLE F
Regional Director, the latter may then and there issue a Decision holding the Roque spouses at fault
for nonpayment of 13thmonth pay based on the pleading, and subsequently issue an Order of
execution against the assets of the Roque spouses.
(4) (Refer to the previous No. 1 question.) If the Roque spouses appear before the DOLE Regional T
Director and manifest that Rose has gone home to the province of Davao Oriental because her 2
year contract with them has ended. The DOLE RD then endorsed the case to the Labor Arbiter.
Correct?

(5) If a DOLE RD hears and decides a money claims complaint from a Kasambahay, the claim of F
which does not exceed P5,000, the cecision would be appealable to the Secretary of Labor.

(6) If a DOLE RD hears and decides a money claims complaint that is not in excess of P5,000, the T
decision is appealable within five (5) days from receipt of the copy of the decision.

(7) If a DOLE RD hears and decides a money claims complaint that is not in excess of P5,000, the T
decision is appealable on any of the same specific grounds by which a decision of the Labor
Arbiter is appealable.
(8) The manager of a car repair and body shop establishment is granted the privilege of having his F
own car repair in the car shop he manages and the cost of the same is payable by salary deduction.
The manager has his car repaired in the car shop, and immediately resigns without completing the
payment of the repairs. His employer can file a money claims complaint with damages before the
labor arbiter.

(9) A manager who signed a two-year, non-competition clause, resigns and less than six (6) months F
from resignation joins the competitor of his former employer. His former employer can file a
complaint with the labor arbiter for violation of the non-competition clause of the employment
contract.

(10) An illegally terminated Overseas Filipino Worker may recover the placement fee, plus six (6) F
percent interest, paid to the recruiter together with the wages still owing the OFW from the
unserved balance of his/her engagement contract.
(11) The Labor Arbiter, not the Philippine Overseas Employment Authority, has jurisdiction over T
OFW contracts of employment.
(12) The license to recruit of a fee-charging placement agency cannot be cancelled without due T
notice and hearing.
(13) An Order of the POEA Administrator suspending the deployment of OFW's to a particular F
country of destination cannot be issued without holding any public hearing as to its advisability.

(14) The Labor Arbiter cannot entertain complaints from the Filipino employees of the Tunisian T
Embassy for failure to remit their social security contributions to the SSS.
(15) Questions as to whether an employee who resigns is entitled to separation benefits under the T
Collective Bargaining Agreement (CBA) is under the jurisdiction of the Voluntary Arbitrator after
failure of processing the same through the grievance machinery.

(16) Where the separation from service of an employee has gone through the "ample opportunity to F
be heard" process demanded by the Labor Code, and further processed through the grievance
machinery, the same, if still unsettled, must necessarily end with voluntary arbitration.
(17) The issue as to how much of the union dues should go to the local and how much to the mother F
federation is a matter for the Med-arbiter to determine.
(18) The issue as to where and how much of the Union Dues checked off by Management should F
be turned over by the latter to the local and to the
(19) An ordinary union member-employee, who merely participated in an illegal strike, and is T
dismissed by the employer, can file an Unfair Labor Practice dismissal complaint with the Labor
Arbiter.
(20) An ordinary union member-employee, who merely participated in an illegal strike, and is T
dismissed by the employer, can file an ordinary illegal dismissal complaint with the Labor Arbiter.

(21) A strike notice that is not verified has the equivalent effect of not filing a strike notice at all. T

(22) A petition for certification election that is not under oath is a mere of scrap paper and can be F
totally ignored by the Med-arbiter.
(23) A Voluntary Arbitrator may be the subject of Mandamus. T
(24) A Voluntary Arbitrator cannot simply adjudicate a case solely on the basis of the position F
papers which he/she has ordered to be filed; his/her office must conduct a hearing.

(25) When a CBA covering a bargaining unit of the regular, rank-and-file workers has a F
controversy over the provision extending the probationary period to one year, the Voluntary
Arbitrator, after unsuccessful grievance processing, has exclusive and original jurisdiction over the
same.

(26) Appeal from a voluntary arbitrator's decision is by certiorari under Rule 65 to the Court of F
Appeals.
(27) No motion for reconsideration is required before filing a petition for certiorari from a decision F
of the voluntary arbitrator.
(28) A union president who is not a member of the bar may file a position paper for the union in a T
labor dispute before the Secretary of Labor.
(29) A union steward who is not a member of the bar may sign and file a position paper for a F
fellow union member with a money claims complaint before the labor arbiter.
(30) An employee under investigation for theft has a right to bring with him a fellow co-worker, F
who is a law school drop-out but not a union officer, to assist him in the proceedings before the
management investigating committee.
(31) The constitutional right to cross-examination extends to an employee facing charges of theft F
by his co-worker-accusers before the management investigating committee.

(32) Where an employer facing a strike succeeds in convincing the Secretary of Labor to assume F
jurisdiction over a labor dispute without hearing the side of the striking union, an irregularity is
committed in violation of the union's right to due process.
(33) A striking union is not prohibited from filing with the office of the Secretary of Labor a F
Motion to Reconsider the Assumption of Jurisdiction Order.
(34) A striking union is excused from "returning to work" pending the resolution of its Motion for F
Reconsideration of the Assumption Order before the Secretary of Labor.
(35) Where a strike is began or continued after the an Order of the Secretary of Labor assuming F
jurisdiction over the labor dispute, that strike becomes an illegal strike.
(36) All those who participate in a strike that is began or continued even after the Order of the T
Secretary of Labor assuming jurisdiction over the labor dispute can be dismissed from their
employment, whether they are union officers or ordinary union members.
(37) A complaint against the union officers on the conduct of the strike vote is an unfair labor practice F
complaint under the jurisdiction of the labor arbiter.
(38) A complaint against the union officers on the conduct of the CBA ratification vote is under the F
jurisdiction of the voluntary arbitrator.
(39) A complaint over the conduct and canvassing of votes in the election of union officers is an T
intra-union dispute under the jurisdiction of the Med-arbiter. (40) Where the private residence of
the General Manager of a corporation is picketed by strikers, the wife of the general manager can
file a complaint with the labor arbiter against the picketers for conducting a prohibited practice, and
aT
(40) Where the private residence of the General Manager of a corporation is picketed by strikers, F
the wife of the general manager can file a complaint with the labor arbiter against the picketers for
conducting a prohibited practice, and at the same time obtain temporary relief by way of a
restraining crder from the NLRC.
(41) That a corporation has been declared by the court as insolvent and therefore eligible for T
financial rehabilitation should be judicial notice to the Secretary of Labor as to the existence of a
legal ground for the retrenchment of the employees of the insolvent corporation.
(42) In labor cases, financial loss is proven by audited financial statements. T,F,T
(43) Employees retrenched by their employer suffering serious loss can successfully petition the T
labor arbiter for a grant of separation benefits.
(44) The appeal bond from a money claims decision of the labor arbiter must be posted within the True
reglamentary period for appeal.
(45) Illegal (ordinary) recruitment prescribes in five (5) years. True
(46) Illegal recruitment which constitutes as economic sabotage prescribes in 20 years. T
(47) Money claims prescribes in three (3) years. T
(48) Illegal dismissal prescribes in four (4) years. T
(49) Illegal dismissal which constitutes unfair labor practice prescribes in one (1) year. T