SUGGESTED ANSWERS

(REVALIDA)

1) Cooling off period? Can a strike be immediately conducted?

Before the intended date of actual strike subject to 7-day strike ban
a. Bargaining deadlock – 30days
b. ULP-15days
c. Union busting – cooling off period need not be observed and the union may take actions
immediately after the strike vote is conducted.
2) Perfection of an appeal? Immediately executory? True or False. Explain.
False. Perfection of appeal stays the execution of judgement except for decision of Labor Arbiter
reinstating a dismissed separate employee, insofar as the reinstatement is concerned shall
immediately be executory. (Art. 229)
3) Contract Bar Rule
The Bureau shall not entertain any petition for certification election or any other action which may
disturb the administration of duly registered existing CBA affecting the parties except during the 60-
day period immediately prior to its expiration which period is called freedom period. (Art. 238)
4) Enumerate the relief for an illegally dismissed employee. Are the available to OFWs?
Consequences of the violation of a Worker’s Security of Tenure
a. Full backwages, inclusive of allowances and other benefits of their monetary equivalent computed
from the time his compensation was withheld from him up to the time of his actual reinstatement.
b. Reinstatement without loss of seniority rights and other privileges
c. Recovery of moral and exemplary damages and attorney’s fees

OFW’s who are terminated without just, valid, or authorized cause:

a. full reimbursement of placement fee and the deductions made with interest of 12% per annum
b. salaries for the unexpired portion of the employment contract (Serrano v. Gallant)
5) What is CBA/ Automatic Renewal Clause
CBA shall remain effective and enforceable even after the expiration of the period fixed by the parties
as long as no new agreement is reached by them (Art. 264)
6) What is retirement? How much is retirement pay?
Retirement is the result of a bilateral act of the parties, a voluntary agreement between the employer
and the employee whereby the latter, after reaching a certain age, consents to sever his or her
employment with the former.
Under RA 7641 A retiree is entitled to a retirement pay equivalent to at least ½ month salary for every
year of service, a fraction of at least 6 months being considered as one whole year.
7) Kiok Loy Ruling and effect of the employer’s refusal to bargain.
LOCK STOCK BARREL RULE (Kiok Loy Ruling) CBA proposed by the union may be imposed lock, stock,
and barrel on the ER who refuse to negotiate a CBA.
ER who violates the duty to bargain collectively, loses its statutory right to negotiate or renegotiate
the terms and conditions of the draft CBA proposed by the union. Hence, the proposal of the union
may be adopted as the CBA, and consequently imposed on the ER, lock, stack, and barrel.
8) Jurisdictional condition of CBA? When does CBA take effect?
Jurisdictional Condition (MPD)
1. possession of the status of Majority representation by the employee’s representative in
accordance with any means of selection or designation provided by the Labor Code
2. Proof of majority representation (Certification of BLR)

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3. Demand to Bargain under Art. 261 of the LC (Kiok Loy v. NLRC)

Effectivity of CBA

1. if the CBA is the very first in the bargaining unit – parties have to decide the effectivity date
2. those made within 6 months after the date pf expiry of the CBA – automatic retroaction to the
day immediately following such date of expiry.
3. Those concluded after 6 months from expiration of the old CBA – parties may agree on the date
of retroaction; only if there is existing agreement
9) Backwages vs Seperation pay
SEPARATION PAY BACKWAGES
Paid when reinstatement is no longer possible Paid for the compensation which otherwise the
employee should have earned had he not been
illegally dismissed.
Computed on the basis of the EE’s length of Computed from the time of illegal dismissal up
service to actual reinstatement, or if reinstatement is no
longer possible, until the finality of the decision.
Paid as wherewithal or assistance during the Paid for the loss of earnings during the period
period that an employee is looking for another between illegal dismissal and reinstatement.
employment.
Oriented towards the future Restoration of the past income lost.

10) Non commingling of members? What is the effect, if any, of commingling of members.
11) Bouwarism? Illustrate.
Occurs:
a. where the ER directly bargains with the EE disregarding the union
b. aim was to deal with the union through the employee rather than with the employees through
union.
c. ER submits its proposals and adopts a “take it or leave it” stand. This is not a negotiation
because the take it or leave it stand implies threat.
12) Retrenchment? Grounds.
Economic ground for dismissing employees and is resorted primarily to avoid or minimize business
losses. It is a reduction of personnel usually due to poor financial returns so as to cut down on costs
of operations in terms of salaries and wages to prevent bankruptcy of the company.
Requsiites:
a. the retrenchment must be reasonably necessary and likely to prevent business losses
b. the losses, if already incurred, are not merely de minimis, but substantial, serious actual and
real, or if only expected reasonably imminent.
c. The expected or actual losses must be proved by sufficient and convincing evidence.
d. The retrenchment must be in good faith for the advancement of its interest and not to defeat or
circumvent the employee’s right to security of tenure
e. There must be fair and reasonable criteria in ascertaining who would be dismissed and who
would be retained among the employee, such as status, efficiency, seniority, physical fitness,
age and financial hardship for certain workers
13) What is the duration of a collective bargaining agreement? What is the effect of the non-renewal
of a CBA after its expiration?

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Duration of the CBA

a. representation aspect – 5 years; no petition questioning the majority status of the incumbent
bargaining agent shall be entertained and no certification election shall be conducted by the
DOLE outside the 60-day period prior to the expiration of such 5 year.
b. All other provisions (economic and non-economic) – it shall be renegotiated not later than 3
years after its execution

Non-renewal of the CBA after its expiration

Automatic Renewal Clause – the CBA shall remain effective and enforceable even after the
expiration of the period fixed by the parties as long as no new agreement is reached by them. This is
to avoid or prevent a situation where no CBA at all would govern between the ER company and its
employees

14)
15) What is a federation? Extraordinary powers of a federation?
National union/federation – any labor organization with at least 10 locals/chapters each of which
must be duly certified or recognized collective bargaining agent.
Extraordinary power: a duly registered federation or national union may directly create a local
chapter by issuing a charter certificate indicating the establishment of the local chapter.
16) None
17) None
18) What is fixed term employment? What are its requisites to be valid.
Fixed period exists where the employees employment contract specifies that the same will last only
for a definite period; not a regular employee because his job as anticipated and agreed, will exist
only for a specified period of time.
Criteria under which Fixed Period Employment may be valid (K-VEN)
1. The fixed period employment was Knowingly and Voluntarily agreed upon by the parties
without any force, duress, o improper pressure being brought to bear upon the employee and
absent any other circumstances vitiating consent.
2. Satisfactorily appears that the employer and the employee dealt with each other on more or
less Equal terms with No moral dominance exercised by the former or the latter.
19) NONE
20) What is featherbedding? Illustrate.
Featherbedding (make-work agreements) is a term given to employee practices which create or
spread employment by unnecessarily maintaining or increasing the number of employees used, or
the amount of time consumed, to work on a particular job.
21) None
22) None
23) If a company has LLO is it organized? True or False?
False. Under the Labor Code, Organized establishment refers to an enterprise where exists a
recognized or certified sole and exclusive bargaining agent. Not every legitimate labor organization
can act as bargaining representative and be certified as such. This is true only of a union that has
won in certification election or has been voluntarily recognized buy the employer. (Azucena)
24) Enumerate the authorized causes for termination of employment and explain one of them.
Authorized Cause of Dismissal (ARR-CD)

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1. installation of labor-saving device or automation

2. redundancy
3. retrenchment
4. closure/cessation of operation of the establishment or undertaking
5. disease

AUTHORIZED CAUSE MEANING REQUISITES

Installation of labor saving- Reduction of the number of 1. Introduction of machinery,
devices (Last in-first out rule workers in any workplace equipment or other devices
except where an EE volunteers necessary by the introduction of 2. Introduction must be done
to be separated from labor-saving machinery or in good faith.
employment) devices. 3. Purpose of introduction
must be valid such as to save
on cost, enhance efficiency,
and other justifiable
economic reasons
4. No other options available
to the ER than the
introduction of machinery,
equipment or device and the
consequent termination of
employment those affected
thereby
5. Fair and reasonable criteria
in selecting EE’s to be
terminated. (DO 147-15)
Reduncancy Services of an employee are in 1. Superfluous positions or
excess of what is reasonable services of employees
demanded by the actual 2. Position or services are in
requirements of the enterprise excesses of what is
or superfluous reasonable demanded by
the actual requirements of
the enterprise to operate in
an economic and efficient
manner
3. Good faith in abolishing
redundant position
4. Fair and reasonable criteria
in selecting EE’s to be
terminated
5. Adequate proof of
redundancy such as but not
limited to the new staffing
pattern, feasibility studies/
proposal, on the validity of
newly created positions, job
description and the approval

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Retrenchment/Downsizing Economic ground for dismissing a.
EE and is resorted to primarily to
avoid or minimize business
losses.
Closure or cessation of Complete or partial cessation of 1.
operation of the establishment the operations and or shutdown
or undertaking of the establishment of the ER. It
is carried out either to starve off 2.
the financial ruin or promote the
business interest or the ER.
Disease
by the management of the
restructuring.
the retrenchment must be
reasonably necessary and
likely to prevent business
losses
b. the losses, if already
incurred, are not merely de
minimis, but substantial,
serious actual and real, or if
only expected reasonably
imminent.
c. The expected or actual
losses must be proved by
sufficient and convincing
evidence.
d. The retrenchment must be
in good faith for the
advancement of its interest
and not to defeat or
circumvent the employee’s
right to security of tenure
e. There must be fair and
reasonable criteria in
ascertaining who would be
dismissed and who would be
retained among the
employee, such as status,
efficiency, seniority, physical
fitness, age and financial
hardship for certain workers
Decision to close or cease
operation of the enterprise
by the management
Decision was made in good
faith.
3. No other option available to
the ER except to close or
cease operations
1. Employee is suffering from
any disease
2. Continued employment of
the EE is prohibited by law or
prejudicial to his/her co-
employees
3. Certification by a competent
public health authority that
the disease is incurable
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within a period of 6 months

even with proper medical
treatment.
Other causes of termination 1. Reasonable and lawful
grounds specified under
company policies.
2. An EE found positive for use
of dangerous drugs shall be
dealt with administratively.
3. Sexual harassment (serious
misconduct)
4. Those provide for under the
CBA

25) Tentative Legal Personality?

Tentative Legal Personality to file petition for certification election (PCE)
A duly registered federation or national union may directly create a local chapter by issuing a
charter certificate indicating the establishment of the local chapter. The chapter shall acquire legal
personality only for the purposes of filing a petition for certification election from the date it was
issued a charter certificate (Art.241LC)
An exception to the general rule that the fact of being registered with the DOLE that make a labor
organization legitimate in the sense that it is clothed with legal personality to claim the
representational and bargaining rights enumerated under the Labor Code.
26) Effects of non-observance of procedural due process in termination disputes.
Agabon v. NLRC, when dismissal is for just cause or authorized cause, but due process was not
observed, the dismissal should be upheld. However, the ER should be held liable for-non compliance
with the procedural requirements of due process. (i.e damages)
JAKA Food processing v. Pacot, modified Agabon Case,
1. If based on just cause but the ER failed to comply with the notice requirement – the sanction to
be imposed upon him should be tempered because the dismissal was in in effect initiated byu
an act imputable to the employee.
2. If based on authorized cause but the ER failed to comply with the notice requirement – sanction
should be stiffer because the dismissal process was initiated by the ER’s exercise of his
management prerogative

Industrial Timber Corp v. Ababon, modified JAKA case. It subdivided the dismissal for authorized
causes into

1. Due to losses; and

2. Not due to losses

If authorized cause that terminated employment arises from losses, the penalty to the ER who
disregarded due process may be lighter than if the authorized cause has no relation to losses.

27) None
28) What is a Collective Bargaining Unit? Factors in determing a Collective Bargaining Unit?

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Collective Bargaining Unit is a group of EEs of a given ER, comprised of all or less than all entire body
of EE’s which, consistent with the equity of employer, indicate to be best suited to serve the
reciprocal rights and duties of the parties under the collective bargaining provisions of the law. (IRR
of the Labor Code)
Factors in Determining the Appropriate Bargaining Unit (CGEH)
1. Community of interest Doctrine/Substantial Mutual interest Rule
2. Globe Doctrine
3. Employment Status
4. prior collective bargaining History
29) None
30) What is a grievance? How is a grievance resolved?
Grievance refers to any question by either the ER of the union regarding (CPV)
1. interpretation and implementation of any provision of CBA
2. interpretation and enforcement of company personnel policies; or
3. violation of any provisions of CBA or company personnel policies.

Grievance is resolved through Grievance machinery and Grievance Procedure. It is a series of formal
steps that parties to a CBA agreed to take for the adjustment of grievances or questions arising out
of the interpretation or implementation of CBA or company personnel policies including voluntary
arbitration as the terminal step. The grievance procedure provides the parties a first crack in
addressing problems in CBA administration and its use is an essential requisite before a voluntary
arbitrator can take cognizance of the unresolved grievance.

In the absence of applicable provisions in the CBA, a grievance committee shall be created within 10
days from signing of the CBA.

Procedure in Handling Grievance

Generally, provisions of the CBA shall apply. However, in the absence of specific provision in the CBA
or existing company practice prescribing for the procedures in handling grievances the following
shall apply:

1. an EE shall present his grievance or complaint orally or in writing to the shop steward. The latter
shall verify the facts and determine whether or not the grievance is valid
2. valid grievance – shop steward shall immediately bring the complaint to the EE’s immediate
supervisor. The shop steward the EE and his immediate supervisor shall exert effort to settle the
grievance at their level.
3. No settlement – grievance shall be referred to the grievance committee which shall have 10days
to decide the case
4. Grievance remains unsolved – voluntary arbitration
31) What is assumption order issued by the Secretary of Labor? Discuss its effects.
When there exists a labor dispute causing or likely to cause a strike or lockout in an industry
indispensable to the national interest, the Secretary of Labor may assume jurisdiction over the labor
dispute of the industry.
Effects pf the assumption of jurisdiction of the Secretary
1. strike or lockout has not taken place – parties are enjoined to conduct any untoward action that
may lead to strike or lockout

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2. strike or lockout has already taken place – all striking and locked outworkers shall within 24
hours from receipt of an assumption or certification order, immediately return to work and rge
ER shall immediately resume operations and readmit all workers under the same terms and
conditions prevailing before the strike.
3. At any point in time, the parties are not prevented from submitting the dispute to Voluntary
arbitration with the SOLE or his/her duly authorized representative as a voluntary arbitrator or
panel of voluntary arbitrators.
32) none
33) none
34) McBurnie vs Ganzon doctrine (with respect to appeal)
Reduction of Appeal Bond
Gr: No motion to reduce bond shall be entertained
Exception: within a period of appeal, a motion for reduction of appeal bond may be ,made if the
following requisites are met:
1. reasonable amount of appeal bond in relation to the monetary posted; and (NLRC rules)
2. there exists a meritorious ground for such reduction (McBurnie V. Ganzon)

NLRC retains its authority and duty to resolve the motion to reduce bond and determine the final
amount of bond that shall be posted by the appellant, still in accordance with the standards of
meritorious grounds and reasonable amount. (McBurnie v. Ganzon)

Reasonable amount of appeal bond (McBurnie v. Ganzon)

1. cash or surety bond equivalent to 10%of the monetary award that is subject of the appeal shall
provisionally deemed the reasonable amount of bond in the meantime that an appellant’s
motionis pending resolution by the commission
2. monetary award to be considered for the 10% reasonable amountof appeal shall be exclusive of
damages and attorney’s fees
35) What is a notice of strike? Who may file a notice of strike?
Notice of strike – must be filed with the DOLE specifically the regional branch of the NCMB copy
furnished the employer or the unions, as the case may be.
Failure of the union to serve the company of a notice of strike is a clear violation of the IRR of the
labor code , Book V.
36) Legal significance of Mandatory vs Non-mandatory provision in a CBA
the legal significance of the mandatory vs non-mandatory provisions in a CBA is that the ER’s duty to
bargain is limited to mandatory bargaining subjects; as to other matters, he is free to bargain or not
to bargain (Azucena)
37) None
38) Resignation vs Retirement
Resignation is the voluntary act of EEs who are compelled by personal reasons to dissociate
themselves from their employment. It must be done with intention to relinquish an office and
accompanied by the act of abandonment. While retirement is the result of a bilateral act of the
parties, a voluntary agreement between the ER and EE whereby the latter, after reaching a certain
age, agrees and/or consents to sever his employment with the former.
39) None
40) None

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41) None
42) Relief for illegally dismissed employee
Consequences of the violation of a Worker’s Security of Tenure
d. Full backwages, inclusive of allowances and other benefits of their monetary equivalent computed
from the time his compensation was withheld from him up to the time of his actual reinstatement.
e. Reinstatement without loss of seniority rights and other privileges
f. Recovery of moral and exemplary damages and attorney’s fees
43) What is voluntary arbitration? Jurisdiction of Voluntary Arbitrator
Voluntary Arbitration refers t to the mode of settling labor- management disputes by which the
parties select a competent, trained and impartial person who shall decide on the merits of the case
and whose decisions are final, executory and – unappealable.
Jurisdictions (UUVO-WUN)
1. Unresolved grievances arising from the interpretation or implementation of the CBA
2. Unresolved grievances arising from the interpretation of enforcement of company personnel
policies.
3. Violations of the CBA which are not gross in character
4. Other labor disputes, including ULP and bargaining deadlocks, upon agreement of the parties.
5. Wage distortion od any wage orders in organized establishments
6. Unresolved grievances arising from the interpretation and implementation of the productivity
incentive programs under RA No. 6971; and
7. National Interest.
44) None
45) None
46) None
47) None
48) None
49) Distinguish Casual Employment vs Regular Employment.

CASUAL EMPLOYMENT REGULAR EMPLOYMENT

An EE is engaged to perform a job, work or service Employment arrangement where the EE:
which is merely incidental to the business of the
ER, and such job, work, or service is for a definite
period made known to the EE at the time of
engagement
1. Has been engaged to perform activities
which are usually necessarily or desirable
in the usual business or trade of ER
2. Has rendered atleast 1 year of service
whether such service is continuous or
broken with respect to the activity in
which he is employed
3. When an EE is allowed to work after a
probationary period.

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