LABOR RELATIONS Affiliation of a local chapter is generally understood to be that
I. COLLECTIVE
BARGAINING (Arts. 227-277)
---------------------------------------------------
LEGITIMATE LABOR ORGANIZATIONS
---------------------------------------------------
1. WHAT ARE THE 2 WAYS OF BECOMING A
LEGITIMATE LABOR ORG. (LLO)?
a. Registration with the BLR (INDEPENDENT UNION)
b. Chartering or issuance of a federation or national union
of a charter certificate (LOCAL CHAPTER)
2. A) HOW CAN A NON-REGISTERED UNION
APPLY FOR AN AFFILIATION TO BECOME A
L.L.O.? OR ACQUIRE LEGITIMACY?
By application of the union with the federation for the
issuance of a charter certificate to be submitted to the Bureau
accompanied by the following:
a) Copies of its constitution and by-laws;
b) Statement of the set of officers and books of
accounts, all of which must be certified by the Secretary/
Treasurer and attested to by the President. In such case, the
union becomes a local chapter of the federation.
NOTE: The issuance of charter certificate confer legal
personality only for purposes of filing a petition for
certification election.
3. CERTIFICATION ELECTION the process of
determining by secret ballot the sole and exclusive
bargaining agent of the employees in an appropriate
bargaining unit, for purposes of collective bargaining
(employees in the 3 payroll period prior to the
certification election may vote) [Art.256]
4. FORMALITIES REQUIRED IN CREATING
LOCAL CHAPTER BEFORE SUBMISSION OF
DOCUMENTS?
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. This supporting requirement shall be certified under
oath by the Secretary or the Treasurer of the local/chapter and
attested by its President (as Amended by DO 40-B-03).
The chapter shall acquire legal personality ONLY for purposes
of filing a PCE from the date it was issued a charter certificate.
The chapter shall be entitled to all other rights and privileges
of a LLO ONLY UPON THE SUBMISSION OF
DOCUMENTS in addition to its charter certificate.
5. A) LEGAL EFFECTS OF AFFILIATION OF AN
UNREGISTERED UNION.
Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman
of agency, where the local union is the principal and the
federation is the agent.
B) LEGAL EFFECTS OF AFFILIATION OF AN
INDEPENDENTLY REGISTERED UNION.
Affiliation would allow an independent union to secure
support or assistance during the formative stage of
unionization from the national union or federation. It would
also allow to utilize the expertise in preparing and pursuing
bargaining proposals, and marshal the mind and manpower of
national unions or federations in the course of group actions
such as strikes.
NOTE: For both affiliating unions, the legal effect is that it
becomes subject to the laws of the federation, with respect to
the enforcement of constitution, by-laws and rules. It creates
and between the parent body (federation) and the subordinate
union (affiliation/local union) and between the members of the
subordinate union inter se.
6. THE EFFECT OF DISAFFILIATION TO (A) AND
(B)?
The effect of disaffiliation to the union by an unregistered
union is that it would cease to be a legitimate labor
organization and would no longer have legal personality and
the rights and privileges granted by law to legitimate
organization, unless the local chapter is covered by a duly
registered CBA. In the latter case, the local or chapter will not
lose its legal personality until the expiration of the CBA. After
the CBA expires it will lose its legal personality unless it
registers as an independent union.
The effect of disaffiliation by an independently registered
union is that it WOULD NOT AFFECT ITS BEING A
LEGITIMATE LABOR ORGANIZATION and therefore it
would continue to have legal personality and to possess all the
rights and privileges of a LLO.
7. MANNER ON DISAFFILIATING BY A LOCAL
UNION FROM A FEDERATION? PERIOD?
When affiliated, a local union may disaffiliate from the
federation. The general rule is that a labor union may
disaffiliate from the mother union to form an independent
union only during the 60-day freedom period immediately
preceding the expiration of the CBA. [LIMITATION:
Disaffiliation should be in accordance with the rules and
procedures stated in the Constitution and By-Laws of the
Federation].
The exception is when there is disaffiliation by majority. Even
before the onset of the freedom period, disaffiliation may still
be carried out, but such disaffiliation must be effected by a
majority of the union members in the bargaining unit (through
secret ballot). This happens when there is a substantial shift in
allegiance on the part of the majority of the members of the
union. In such a case, however, the CBA continues to bind the
members of the new or disaffiliated and independent union up
to the CBAs expiration date. A consent election to determine
the union which shall administer the CBA may be conducted.
Page !1
8. A) RIGHTS OF LLO? (USERFOE)
a. Undertake activities for benefit of members;
b. Sue and be sued;
c. Exclusive representative of all employees;
d.
e.
Represent union members;
Furnished by employers of audited financial statements;
f. Own properties; and
g. Exempted from taxes.
B) CONDITIONS REQUIRED BEFORE A RIGHT TO
AUDITED FINANCIAL STATEMENTS BE GRANTED.
To better equip the union in preparing for or in negotiating
with the employer, the law gives it the right to be furnished
with the employers audited financial statements. There are 4
points in time when the union may ask in writing for these
statements:
a. after the union has been recognized by the employer as sole
bargaining representative of the employees in the bargaining
unit;
b. after the union is certified by DOLE as such sole bargaining
representative;
c. within the last 60 days of the life of a CBA;
d. during the collective bargaining negotiation.
The audited statements, including the balance sheet and the
profit and loss statement, should be provided by the employer
within 30 calendar days after receipt of the unions request.
9. GROUNDS FOR CANCELLATION OF UNION
REGISTRATION.
a. Misrepresentation, false statement or fraud in connection
with the adoption or ratification of the constitution and by
laws;
b. Amendments thereto, the minutes of ratification, and the
list of members who took part in the ratification;
c. Misrepresentation, false statements or fraud in connection
with the election of officers, minutes of the election of
officers, and the list of voters; and
d. Voluntary dissolution by the members. (Art.239 LC As
Amended by RA 9481)
NOTE: Failure to submit reportorial requirements is no
longer a ground for cancellation but shall subject the erring
officers or members to suspension, expulsion from
membership, or any appropriate penalty. (Art.242-A
Inserted by RA 9481)
attested to by the president thereof. (Art.239-A LC. New
10. W H O C A N F I L E P E T I T I O N F O R
CANCELLATION OF UNION REGISTRATION?
If it is for a legitimate individual labor union, chartered local,
(DIMP)
or a workers association, the petition may be filed by any
party-in-interest, if the ground is: a) Failure to comply with
any of the requirements under Art.234, 237 and 238 LC; and
b) Violation of any provision under Art.239 LC.
If it is for federations, national or industry unions, or trade
union centers, the petition may be filed only by the members
Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman
of the labor organization concerned if grounds are actions
involving violations of Art.241, subject to the 30% rule.
11. A R E P E T I T I O N S F O R C A N C E L L AT I O N
APPEALABLE?
YES. Cancellation orders issued by the Regional Director (for
legitimate independent labor union/chartered local and
workers association), are appealable to the Bureau of Labor
Relations (BLR). The BLRs decision is final and executor,
hence, not appealable to the DOLE Secretary, but it may be
elevated to the CA by certiorari.
Cancellation cases that originated at the BLR itself may be
appealed to the DOLE Secretary, and again, by certiorari to the
CA.
12. WHAT IS THE EFFECT OF CANCELLATION
PROCEEDINGS?
Where a labor union is a party in a proceeding and later it
loses its registration permit in the course or during the
pendency of the case, such union may continue as a party
without need of substitution of parties, subject however to
the understanding that whatever decision may be rendered
therein will be binding only upon those members of the union
who have not signified their desire to withdraw from the case
before its trial and decision on the merits.
NOTE: Only a final order of cancellation can strip a LLO of
its rights.
(Principle of Agency applied the employees are the
principals and the labor organization is merely an agent of the
former, consequently, the cancellation of the unions
registration would not deprive the consenting member-
employees of their right to continue the case as they are
considered as the principals.)
13. CAN THE L.O. CANCEL ITS REGISTRATION?
PROCEDURE?
YES. The registration of a LLO may be cancelled by the
organization itself PROVIDED: a) At least 2/3 of its general
membership votes, in a meeting duly called for that purpose to
dissolve the organization; and b) An application to cancel
registration is submitted by the board of the organization,
Provision inserted by RA 9481).
14. RIGHTS AND CONDITIONS OF MEMBERSHIP
A. Deliberative and Decision-Making Right -
The right to participate in deliberations on the major policy
questions and decide by secret ballot;
B. Right to Information the right to be informed about: a)
the organizations constitution and by laws; and b) the CBA
and Labor laws;
Page !2
C. Right Over Money Matters the rights of the members: a)
Against imposition of excessive fees; b) Right against
unauthorized collection of contributions or unauthorized
disbursements; c) To require adequate records of income and
expenses; d) To access financial records; e) To vote on
officers compensation; f) To vote on special assessment; g) To
be deducted a special assessment only with the members
written authorization;
D. Political Right the right to vote and be voted for, subject
to lawful provisions on qualifications and disqualifications.
NOTE: Any violation of the above rights and conditions of
18. GROUNDS FOR EXPULSION / IMPEACHMENT
OF UNION OFFICERS (4)
Union officers may be expelled from the union or removed
from office on the following grounds:
a. violation of the rights and conditions of
membership in labor organization under Art. 241
b. commission of irregularities in the approval of the
resolution regarding compensation of union officers
c. membership in another labor organization
d. culpable violation of the constitution and by-laws

membership shall be a ground for cancellation of union NOTE: The power to expel or remove union officers from
registration or expulsion of an officer from office, whichever office is within the jurisdiction of BLR.
is appropriate. At least 30% of all the members of the union or
any member or members specifically concerned may report


such violation to the Bureau.



15. QUALIFICATIONS OF UNION OFFICERS (3)


One should be employed in the company to qualify as officer
---------------------------------------------------------
CHECK-OFF & SPECIAL ASSESSMENT / ULP
---------------------------------------------------------
of a union in that company. The union officer must not
possess any disqualification such as moral turpitude defined


1. REQUISITES OF VALID LEVY OF SPECIAL
as an act of baseness, vileness, or depravity in the private and ASSESSMENT (RAMM)
social duties which a man owes his fellow men, or to society
in general, contrary to the accepted and customary rule of right


a. There must be a written Resolution;
and duty between man and man or conduct contrary to justice, b. The resolution must have been Approved by a majority of
honesty, modesty or good morals.

c.
all the members; and
The approval must be at a general Membership meeting
duly called for that purpose;
16. QUALIFICATIONS OF VOTERS


Only members of the union have the eligibility to take part in
d. The Secretary of the organization shall record the minutes
of the meeting, which shall be attested to by the
President. The Minutes include: d1) The list of all
the election of union officers. Eligibility to vote may be members present; d2) The votes cast; and d3) The
determined through the use of the applicable payroll period purpose of the assessment or fees.
and the status of the employees during the applicable period.
This pertains to the payroll of the month next preceding the


NOTE: Substantial compliance with the aforementioned
labor dispute, in case of regular employees, and the payroll procedure is not enough the requirements must be strictly
period at or near the peak of operation, in case of employees in complied with.
seasonal industries.



2. WHAT IS A CHECK-OFF?
LIMITATIONS (RI-SU-RE):
a. The labor organization cannot compel employees to


A check-off is a method of deducting from an employees pay
become members of their labor organization if they are at prescribed period, the amounts due to the union for fees,
already members of a RIVAL UNION; fines or assessments.
b. The persons mentioned in Art. 241 (e) LC
SUBVERSIVES are prohibited from becoming a


3. WHAT ARE THE REQUISITES OF A VALID
member of a labor organization; CHECK-OFF?
c. The members of RELIGIOUS ORG whose religion
forbids membership in labor organization could not be


compelled into union membership.

No special assessment, attorneys fees, registration fees or any
other extraordinary fees may be checked off from any amount
due an employee without an individual written authorization
17. A R E U N I O N O F F I C E R S E N T I T L E D T O duly signed by the employee. The authorization should
COMPENSATION?

Union officers shall not be paid any compensation
specifically state the (APB): a) Amount; b) Purpose; and c)
Beneficiary of the deduction.


other than the salaries and expenses due to their positions as 4. ARE THE REQUISITES FOR CHECK-OFF
specifically provided for in its constitution and by-laws, or in a REQUIRED FOR ALL ACTIVITIES?
written resolution duly authorized by a majority of all the MANDATORY ACTIVITIES?
members at a general membership meeting duly called for the
purpose. (Art. 241 [k])




Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman Page !3
NO. The requisites for check-off are not required for all
activities. The exception to the rule requiring the requisites for
check off are:
a. For MANDATORY ACTIVITIES provided under the
LC
b. When NON-MEMBERS OF THE UNION AVAIL OF
THE BENEFITS OF THE CBA: b1) Said non-members
may be assessed union dues equivalent to that paid by
members; and b2) Only by a board resolution approved
by majority of the members in a general meeting called
for the purpose.
NOTE: No individual written authorization required for
non-union members assessed of agency fees, who has
benefited from the CBA.
5. CAN AN EMPLOYEE WITHDRAW HIS CHECK
OFF AUTHORIZATION? HOW?
implications, but against the background of and in conjunction
YES. A withdrawal of individual authorizations is equivalent
to no authorization at all. Documents containing the
withdrawals have the signature of union members. These
retractions are valid. There is nothing in the law which
requires that the withdrawals must be in individual form.
6. WHO CAN FILE FOR THE VIOLATION OF ART.
241?
At least 30% of all the members of the union or any member
or members specifically concerned may report such violation
to the Bureau.
7. IS THE 30% RULE REQUIRED FOR FILING A
VIOLATION OF ART.241 MANDATORY?
Gen. Rule: YES.
Exception: May be less than 30% provided there is substantial
compliance.
- The 30% may be dispensed when such violation directly
affects only one or two members, then only one or tow
members would be enough to report such violation.
8. A) WHAT IS AN UNFAIR LABOR PRACTICE
(ULP)?
A1. Any unfair labor practice as expressly defined by the
Code;
A2. Any act intended or directed to weaken or defeat the
workers right to self-organize or to engage in lawful
concerted activities.
B) ESSENTIAL ELEMENTS?
B1. Employer-Employee relationship between the offender
and the offended; and
B2. Act done is expressly defined in the code as an act of
unfair labor practice (Art.248, 249)
NOTES:
- The Essential Element is the violation of the right of
employees to self-organization.
Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman
- Except for Art.248 (f) Dismissing Employee for
Giving Testimony all prohibited acts are related to
the workers self-organizational right and the
observance of the CBA.
9. CAN ULP BE COMMITTED AGAINST
MANAGERIAL EMPLOYEES?
Generally NO. Managerial employees are the alter ego of the
employers and thus they are supposed to be on the side of the
employer to act as its representatives, and to see to it that its
interests are well protected.
10. HOW DO WE DETERMINE IF AN EMPLOYER
COMMITTED A ULP?
Totality of Conduct Doctrine The culpability of employers
remarks is to be evaluated not only on the basis of their
with collateral circumstances.
Check also the MOTIVE.
11. THE SPECIFIC ACTS OF ULP OF EMPLOYERS?
(ICC-FDD-PVV)
a. To interfere with, restrain or coerce employees in the
b.
exercise of their right to self-organization;
To require as a condition for employment that a person or
an employee shall not join a labor organization or shall
withdraw from one to which he belongs;
c. To contract out services or functions being performed by
union members when such will interfere with, restrain or
coerce employees in the exercise of their right to self-
d.
organization;
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
e.
its organizers or officers.
To discriminate in regard to wages, hours of work, and
other terms and conditions of employment in order to
encourage or discourage membership in any labor
f.
organization;
To dismiss, discharge or otherwise prejudice or
discriminate against an employee for having given or
g.
being about to give testimony under this Code;
To violate the duty to bargain collectively as prescribed
by this Code;
h. To pay negotiation or attorneys fees to the union or its
officers or agents as part of the settlement of any issue in
collective bargaining or any other disputes;
i. To grossly violate the CBA. The violation must be
gross or a flagrant and/or malicious refusal to comply
with the economic provisions of the CBA.
12. A) WHAT IS THE TEST OF INTERFERENCE?
B) EXAMPLE.
A) Whether the employer has engaged in conduct which, it
may reasonably be said, tends to interfere with the free
exercise of the employees right and it is not necessary that
there be direct evidence that any employee was in fact
intimidated or coerced by the statements of threats or the
Page !4
employer if there is a reasonable interference that the anti- 1. A) CAN AN ULP BE COMMITTED AGAINST
union conduct of the employer does have an adverse effect of SUPERVISORY EMPLOYEES?
self-organization and collective bargaining. (The Insular Life
NATU vs. The Insular Life)


It depends.


B) EXAMPLES:
GENERAL RULE: Supervisory employees can form labor
organization. Hence, LO = ULP.


B1. Outright and unconcealed intimidation
EXCEPTION: If the supervisory employee exercise functions
that of the same as managerial employee (test of supervisory
B2. In order that interrogation would not be deemed coercive: status), they are disqualified from forming or joining labor
a) The employer must communicate to the employee the organizations. Hence, no LO = no ULP.
purpose of questioning;
b) Assure him that no reprisal would take place; and


NOTE: Test of supervisory status supervisory status should
c) Obtain employee participation voluntarily. be determined on whether the recommendatory power of the
B3. Must be free from employer hostility to union employee is effective and not merely routinary or clerical in
organization nature, but requires the use of independent judgment.
B4. Must not be coercive in nature
B5. Intimidating expressions of opinion by employer

B) CONFIDENTIAL EMPLOYEES?


An employer who interfered with the right to self-organization


It depends.
before a union is registered can be held guilty of ULP If the confidential employees have access to labor relations
(Samahan ng Manggagawa sa Bandolino vs. NLRC) information they are disqualified from forming or joining

labor organizations, therefore no LO = no ULP. (Doctrine of
necessary implication)
13. WHAT IS THE TOTALITY DOCTRINE?



2. HOW DOES INTERFERENCE MANIFESTED?
Totality of Conduct Doctrine The culpability of employers

(See No. 12A, page 5)
remarks is to be evaluated not only on the basis of their
implications, but against the background of and in conjunction

3. YELLOW DOG ONTRACT?
with collateral circumstances.



(See No.14, page 5)
14. WHAT IS A YELLOW DOG CONTRACT?



4. HOW DOES CONTRACTING OUT SERVICES
MANIFESTED?
A yellow dog contract is a promise exacted from workers as a
condition of employment that they are not to belong to, or

(See No.15, page 5)
attempts to foster, a union during their period of employment.
It is null and void because it is contrary to public policy coz
tantamount to involuntary servitude, it is entered without


5. REMEDY IF THE UNION IS DOMINATED BY
EMPLOYER?
consideration for employees in waiving their right to self-
organization, and the employees are coerced to sign contracts

DISESTABLISHMENT
disadvantageous to their family.



6. A) HOW DOES DISCRIMINATION MANIFESTED?
15. WHEN DOES CONTRACTING OUT SERVICES

To discriminate in regard to wages, hours of work, and other
BECOME ULP?

terms and conditions of employment in order to encourage or
discourage membership in any labor organization.
Contracting out services is not ULP per se. It is ULP only
when the following conditions exist:

B) WHEN CAN WE S AY THERE IS
a) The service contracted out are being performed by
DISCRIMINATION?
union members; and
b) Such contracting out interferes with, restrains, or

Whenever benefits or privileges given to one is not given to
coerce employees in the exercise of their right to
self-organization. the other under similar or identical conditions when directed to


encourage or discourage union membership.


----------------------------------- 3 COMPONENTS OF DISCRIMINATION:
B1. It prohibits discrimination in terms and conditions of
UNFAIR LABOR PRACTICE employment in order to encourage or discourage membership
in the union;
----------------------------------- B2. It gives validity to union security agreements; and

B3. It allows an agency shop arrangement whereby agency

fees may be collected from non-union members.


7. UNION SECURITY AGREEMENTS?
Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman Page !5

They are stipulations in the CBA requiring membership in the
contracting union as a condition for employment or retention
of employment in the company.
8. TYPES OF UNION SECURITY AGREEMENTS
(CUMM-PA-BE)
a. CLOSED-SHOP AGREEMENT The employer
undertakes not to employ any individual who is not a member
of the contracting union and the said individual once
employed must, for the duration of the agreement, remain a
member of the union in good standing as a condition for
continued employment;
b. UNION SHOP AGREEMENT Stipulation whereby any
person can be employed by the employer but once employed
such employee must, within a specific period, become a
member of the contracting union and remain as such in good
standing for continued employment for the duration of the
CBA;
c. MAINTENANCE OF MEMBERSHIP SHOP
AGREEMENT The agreement does not require non
members to join the contracting union but provides that those
who are members thereof at the time of the execution of the
CBA and those who may thereafter become members must
maintain their membership for the duration of the agreement;
d. MODIFIED UNION SHOP Employees who are not
conditions of the existing CBA.
union members at the time of signing the contract need not
join the union, but all the workers hired thereafter must join;
e. PREFERENTIAL SHOP AGREEMENT An agreement
whereby the employer merely agrees to give preference to the
members of the bargaining union in hiring, promotion or
filling vacancies and retention in case of lay-off;
f. AGENCY SHOP AGREEMENT An agreement whereby
employees must either join the union or pay to the union as the
exclusive bargaining agent a sum equal to that paid by the
members;
g. BARGAINING FOR MEMBERS ONLY The union is
recognized as the bargaining agent only for its own members;
h. EXCLUSIVE BARGAINING SHOP The union is
recognized as the exclusive bargaining agent for all employees
in the bargaining unit, whether union members or not.
9. WHEN DOES GIVING A TESTIMONY BECOME A
ULP?
a. To restrain or coerce employees in the exercise of
It is the employers retaliatory act regardless of the subject of
employees complaint or testimony. In effect, if a retaliatory
act is done under Art.118, the consequence is ULP under Art.
248(f).
10. H O W D O E S T H E D U T Y T O B A R G A I N
COLLECTIVELY MANIFESTED? (Art.252 & 253)
Where NO CBA Exists (Art.252)
Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman
The duty to bargain collectively means the performance of
mutual obligation:
a. 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
b. TO EXECUTE A CONTRACT incorporating such
agreements if requested by either party.
LIMITATIONS:
a. The duty to bargain collectively does not compel any
party to: 1) agree to a proposal; 2) make a
concession; or 3) make room for take it or leave it
posture.
b. The parties cannot stipulate terms and conditions of
employment which are below the minimum
requirements prescribed by law.
Where CBA Exists (Art.253)
When there is an existing CBA, the duty to bargain
collectively shall also mean that neither party shall terminate
nor modify such agreement during its lifetime. It is the duty
of both parties to:
a. Keep the status quo; and
b. To continue in the full force and effect the terms and
EXCEPTION:
During the 60-day period prior to its expiration, upon
service of a written notice of a partys intention to terminate or
modify the same, a party may choose to terminate or modify
the non-representational aspect of the CBA only after the
expiration of CBA of fixed duration.
11. H O W T H E V I O L A T I O N O F C B A B E
CONSIDERED AN ULP?
Violations of a CBA shall no longer be treated as ULP and
shall be resolved as grievances under the CBA, except if the
violations of the CBA are gross in character. For purposes of
this article, gross violations of the CBA shall mean flagrant
and/or malicious refusal to comply with the economic
provisions of such agreement. (Art.261)
12. CAN A LABOR ORG COMMIT ULP?
YES. (Art.249) [R-Cd-V / Cp-A-V]
their right to self-organization. However, a labor
organization shall have the right to prescribe its own
rules with respect to the acquisition or retention of
membership;
b. To cause or attempt to cause an employer to
discriminate against an employee, including
discrimination against an employee with respect to
whom membership in such organization has been
denied or to terminate an employee on any ground
other than the usual terms and conditions under
which membership or continuation of membership is
made available to other members;
Page !6
 c. To violate the duty or refuse to bargain collectively actually participated in, authorized or ratified ULP shall be
with the employer provided that it is the held criminally liable. (Art.249)

d.
representative of the employees;
To cause or attempt to cause an employer to pay or



deliver or agree to pay or deliver any money or other ------------------------------------------------
things of value, in the nature of an exaction, for COLLECTIVE BARGAINING PROCESS
services which are not performed or not to be ------------------------------------------------
performed, including the demand for a fee for union
negotiations;


1. JURISDICTIONAL PRECONDITIONS OF CBA
e. To ask for or accept negotiation or Attorneys fees
(EPPD)
from employers as part of the settlement of any issue
in collective bargaining or any other dispute;
a. Employer-employee relationship;
f. To grossly violate a collective bargaining agreement.


13. WHAT IS FEATHERBEDDING?
b. Possession of the status of majority representation by
the employees representative in accordance with any


Featherbedding (make-work activities) refers to the practice of
of the means of selection or designation provided for
by the Labor Code;
the union or its agents in causing or attempting to cause an c. Proof of majority representation (Certification of the
employer to pay or deliver or agree to pay or deliver money or BLR that the representative of the employees is the
other things of value, in the nature of exaction, for services sole and exclusive bargaining agent having won in a
which are not performed or not to be performed, as when a certification election); and
union demands that the employer maintain personnel in excess d. Demand to bargain under Art. 250(a) of the Labor
Code.
of the latters requirements.

2.


FUNDAMENTAL FACTORS IN FIXING AN
NOTE: It is not featherbedding if the work is performed no
APPROPRIATE BARGAINING UNIT (4)
matter how unnecessary or useless it may be.


1. Globe Doctrine the express will or desire of the
14. HOW DOES A UNION VIOLATE THE DUTY TO
BARGAIN COLLECTIVELY BE CONSIDERED AN employees;
ULP? 2. Community of Interest Doctrine or the Substantial

Mutual Interest Rule the substantial and mutuality
interests factor. [NOTE: Things To Consider in
FOUR (4) FORMS OF ULP IN BARGAINING Determining Community of Interest: (a) Similarity in
a. Failure or refusal to meet and convene; scale/manner of determining earnings; b) Similarity
b. Evading the mandatory subjects of bargaining. in employment benefits, hours of work and other
(Mandatory Subjects includes wages, hours or work, terms & conditions of employment; (c) Similarity in
grievance machinery, voluntary arbitration, family kinds of work performed; (d) Similarity in
planning, rates of pay, and mutual observance qualifications, skills and training of the employees;
clause); (e) Similarity in supervision and determination of
c. Bad faith in bargaining (boulwarism, which occurs labor relations policy; (f) Frequency of contract or
when the employer directly bargains with the interchange among the employees; (g) History of
employee disregarding the union. The employer previous collective bargaining; (h) Desires of the
submits its proposals and adopts a take it or leave it affected employees; and (i) Extent of union
stand. This is not negotiation because such stand organization.
implies threat). Bad faith bargaining also includes 3. History or the prior CBA history;
failure or refusal to execute the CBA if requested; 4. Employment status such as: (a) Temporary, (b)
Seasonal, (c) Probationary Employee
and
d. Gross violation of the CBA. [NOTE: Violations of
3.


A) ONE COMPANY ONE UNION POLICY
the CBA, except those which are GROSS in
character, shall no longer be treated as an ULP but

The proliferation of unions in an employer unit is discouraged
as a grievance under the CBA (Art.261).]


15. WHO ARE CRIMINALLY LIABLE FOR ULP?
as a matter of policy unless there are compelling reasons
which would deny a certain class of employees the right to


ULP OF EMPLOYERS (Art.248) Only the officers and agents
self-organization for purposes of collective bargaining.


B) EXCEPTIONS (3)
of corporations, associations or partnerships who have actually
participated in, authorized or ratified ULP shall be held
a) Supervisory employees who are allowed to form
criminally liable.


ULP OF LABOR ORGANIZATIONS (Art.249) The officers,
their own unions apart from the rank-and-file
employees;
members of governing boards, representatives or agents or b) Two companies cannot be treated into a single
members of labor associations or organizations who have bargaining unit even if their businesses are related;
c) Subsidiaries or corporations formed out of former
divisions of a mother company following a
Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman Page !7
 reorganization may constitute a separate bargaining
unit.
4.
A) VOLUNTARY RECOGNITION
Voluntary Recognition is the process whereby the employer
recognizes a labor organization as the exclusive bargaining
representative of the employees in the appropriate bargaining
unit after a showing that the labor organization is supported by
at least a majority of the employees in the bargaining unit.
B) REQUIREMENTS (U1M)
B1. Voluntary recognition is possible only in an
UNORGANIZED establishment;
B2. Only ONE (1) UNION is asking for recognition;
B3. The union voluntarily recognized should be the
MAJORITY union as indicated by the fact that members of
the bargaining unit did not object to the projected recognition.
C) LEGAL EFFECTS OF VOLUNTARY RECOGNITION
Through voluntary recognition by the employer, the labor
organization is recognized by the employer as the exclusive
bargaining agent which may collectively bargain with such
employer.
5. CERTIFICATION ELECTION
Certification Election is the process of determining by secret
ballot the sole and exclusive bargaining agent of the
employees in an appropriate bargaining unit, for purposes of
collective bargaining (employees in the 3 payroll period prior
to the certification election may vote). The election is
conducted under the supervision and control of DOLE
officials. It ends up with a formal and official statement of
results, certifying which union won, if any. Hence, the election
is appropriately called certification election.
Certification election can be filed anytime if there is no CBA
or is not registered. It can be filed during the freedom period
if there is an incumbent CBA.
6. CONTRACT BAR RULE
that the petition is not just a nuisance.
While a valid and registered CBA is subsisting for a FIXED
PERIOD OF 5 YRS, the Bureau is not allowed to hold an
election contesting the majority status of the incumbent union
EXCEPT during the sixty (60) day-period immediately prior
to its expiration, which period is called the FREEDOM
PERIOD. (Art.231)
7. WHO CAN FILE A PETITION FOR
CERTIFICATION ELECTION (PCE)?
a. Legitimate Labor Organization (LLO) including a
national union or federation which has already issued
a charter certificate to its local chapter participating
in the certification election
b. Local chapter which has been issued a charter
certificate by the national union or federation
Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman
c. The employer - when requested by the employees
may file a PCE in an unorganized establishment.
NOTE: DURING THE PENDENCY FOR REGISTRATION,
THE L.O. CAN ALREADY FILE A PCE. ALSO UPON THE
ISSUANCE OF CHARTER CERTIFICATE TO A LOCAL
CHAPTER.
8.
REQUISITES IN AN ORGANIZED
ESTABLISHMENT (Art.256)
In organized establishments, when a verified petition
questioning the majority status of the incumbent bargaining
agent is filed by any LLO including a national union or
federation which has already issued a charter certificate to its
local chapter participating in the CE or a local chapter which
has been issued a charter certificate by the national union or
federation before the DOLE within the 60-day period before
the expiration of the CBA, the Med-Arbiter shall
automatically order an election by secret ballot when the
verified petition is supported by the written consent of at least
25% of all the employees in the bargaining unit to ascertain
the will of the employees in the appropriate bargaining unit.
To have a valid election, at least a majority of all eligible
voters in the unit must have cast their votes. 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.
9. RULES IN THE 25% CONSENT REQUIREMENT
INCLUDING WITHDRAWAL OF CONSENT
In deciding whether the 25% requirement is applicable or not,
the law considers the CBU involved, not the whole enterprise.
This, again, makes it easy for workers to unionize, a basic
objective of labor relations law.
In an organized establishment, the PCE must be supported by
the written consent of at least 25% of all the employees in the
appropriate bargaining unit (Art.256). The 25% initial support
indicates that the petitioner has a fair chance of winning and
But in an unorganized establishment, the 25% consent
signature requirement is not applicable. A group of
supervisors (unionized) who files a PCE does not need to
present 25% minimum support because such is considered
unorganized. The petition for CE involves only the
supervisors, not the rank-and-file. Insofar as the supervisors
are concerned, the establishment is considered unionized.
Hence the requirement for 25% support to the petition does
not apply.
Effect of Withdrawal of Signatories
A critical fact to consider is whether the withdrawal happened
before or after the filing of the petition. If it happened before
the filing, the withdrawal is presumed voluntary and it does
not affect the propriety of the petition; if after, the withdrawal
is deemed involuntary (perhaps pressured by the employer)
and it does not necessarily cause the dismissal of the petition
Page !8
The presumption would arise that the withdrawal was
procured through duress, coercion or for valuable
consideration. In other words, the distinction must be that
withdrawals made before the filing of the petition are
presumed voluntary unless there is convincing proof to the
contrary, whereas withdrawals made after the filing of the
petition are deemed involuntary.
The reason for such distinction is that if the withdrawal or
retraction is made before the filing of the petition, the names
of employees supporting the petition are supposed to be held
secret to the opposite party. Logically, any such withdrawal or
retraction shows voluntariness in the absence of proof to the
contrary.
10. WHEN TO FILE MOTION FOR INTERVENTION?
Section 6, Rule V, Book V of the implementing Rules provides
that a petition for certification election or a motion for
intervention can only be entertained within sixty days prior to
the expiry date of an existing collective bargaining agreement.
NOTE: Incumbent CBA is an automatic intervenor on the
PCE, meaning it need not file a Motion for Intervention.
11. JURISDICTION OF MED ARBITER ON THE
ACTION FOR PCE
A Med Arbiter may determine if there is employer-employee
relationship and if the voters are eligible.
He will decide whether to grant or deny the PCE.
All issues pertaining to the existence of employer-employee
relationship or to eligibility to union membership shall be
resolved in the order or decision granting or denying the
petition for certification election. In other words, those issues
do not stall the PCE and they are not grounds for dismissing a
PCE.
It is absurd to suggest that the Med-Arbiter and Secretary of
Labor cannot make their own independent finding as to the
sentence of such relationship and must have to rely and wait
for such a determination by the Labor Arbiter or NLRC in a
separate proceeding. For then, given a situation where there is
no separate complaint filed with the Labor Arbiter, the Med-
Arbiter and/or the Secretary of Labor can never decide a CE
case or any labor-management dispute properly brought before
them as they have no authority to determine the existence of
an employer-employee relationship. Such a proposition is, to
say the least, anomalous.
Once there is a determination as to the existence of such a
relationship, the med-arbiter can then decide the CE case. As
the authority to determine the employer-employee relationship
is necessary and indispensable in the exercise of jurisdiction
by the Med-Arbiter, his finding thereon may only be reviewed
and reversed by the Secretary of Labor who exercises
appellate jurisdiction under Article 259 of the LC, as amended.
12. CONSENT ELECTION
Like a CE, its purpose is the same, namely, to find out which
union should serve as the bargaining agent. The difference is
Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman
that a certification is ordered by the Department while a
consent election is voluntarily agreed upon by the parties, with
or without the intervention of the Department.
Two or more unions are involved in a consent election. And
like certification election, consent election may take place in
an unorganized or organized establishment.
13. GROUNDS FOR DISMISSAL ON THE PETITION
FOR CERTIFICATION ELECTION (5) (D.O.40-03)
a. Petitioner is not listed in the departments registry of
legitimate labor unions or that its legal personality
b.
has been revoked or cancelled with finality;
Petition was filed before or after the freedom period
of a duly registered CBA, provided that the 60 day
period based on the original CBA shall not be
affected by any amendment, extension, or renewal of
c.
the CBA;
Petition was filed within 1 year from entry of
voluntary recognition or a valid certification,
d.
consent, or run-off election and no appeal on the
results thereof is pending;
A duly certified union has commenced an sustained
negotiations with the employer or there exists a
bargaining deadlock which had been submitted to
conciliation or arbitration or had become the subject
of a valid notice of strike or lockout to which an
incumbent or certified bargaining agent is a party;
e. In case of an organized establishment, failure to
submit the 25% support requirement for the filing of
the PCE.
14. W H O A R E Q U A L I F I E D T O V O T E I N
CERTIFICATION ELECTION?
All employees who are members of the appropriate bargaining
unit sought to be represented by the petitioner at the time of
the issuance of the order granting the conduct of a certification
election shall be eligible to vote.
The list of voters should be based on the employer-certified
list of employees in the CBU or payrolls. If the employer does
not submit the list or payrolls, the union may submit its own
list.
Even the list of employees submitted to the SSS may be used
as basis to comprise the list of voters for the CE. It should
ideally be the payroll which should have been used for the
purpose of the election. However, the unjustified refusal of a
company to submit the payroll in its custody, despite efforts to
make it produce it, compelled resort to the SSS list as the next
best source of information. After all, the SSS list is a public
record whose regularity is presumed.
Only the employees who are directly employed by the
employer and working along the activities to which the
employer is engaged and linked by employer-employee
relationship are qualified to participate in the certification
election, irrespective of the period of their employment.
Page !9
Employees of an independent contractor who undertakes to do
a piece of work for his account and responsibility, with
minimum interference on the part of the other contracting
party (indirect employer), not being laborers or employees of
the latter, are not qualified to participate therein.
In case of disagreement over the voters' list or over the
eligibility of voters, all contested voters shall be allowed to
vote. But their votes shall be segregated and sealed in
individual envelopes in accordance with Sections 10 and 11 of
this Rule.
15. NOTICE OF ELECTION REQUIREMENTS
The Election Officer shall cause the posting of notice of
election at least ten (10) days before the actual date of the
election in two (2) most conspicuous places in the company
premises. The notice shall contain:
(a) the date and time of the election;
(b) names of all contending unions;
(c) the description of the bargaining unit and the list of eligible
and challenged voters.
The posting of the notice of election, the information required
to be included therein and the duration of posting cannot be
waived by the contending unions or the employer. It is
mandatory.
16. A) GROUNDS FOR CHALLENGING VOTES?
An authorized representative of any of the contending unions
and 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 company;
(b) that the voter is not a member of the appropriate bargaining
unit which petitioner seeks to represent.
B) RULES IN CHALLENGING OF VOTES
When a vote is properly challenged, the Election Officer shall
place the ballot in an envelope which shall be sealed in the
presence of the voter and the representatives of the contending
unions and employer. The Election Officer shall indicate on
the envelope the voter's name, the union or employer
challenging the voter, and the ground for the challenge. The
sealed envelope shall then be signed by the Election Officer
and the representatives of the contending unions and
employer. The Election Officer shall note all challenges in the
minutes of the election and shall be responsible for
consolidating all envelopes containing the challenged votes.
The envelopes shall be opened and the question of eligibility
shall be passed upon only if the number of segregated voters
will materially alter the results of the election.
17. RULES ON ELECTION PROTEST
Any party-in-interest may file a protest based on the conduct
or mechanics of the election. Such protests shall be recorded
Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman
in the minutes of the election proceedings. Protests not so
raised are deemed waived.
The protesting party must formalize its protest with the Med-
Arbiter, with specific grounds, arguments and evidence, within
five (5) days after the close of the election proceedings. If not
recorded in the minutes and formalized within the prescribed
period, the protest shall be deemed dropped.
NOTE: After the close of election proceedings means the
period from closing of the polls to the counting and tabulation
of the votes.
18. RUN-OFF ELECTION
When an election which provides for three (3) or more choices
results in none of the contending unions receiving a majority
of the valid votes cast, and there are no objections or
challenges which if sustained can materially alter the results,
the Election Officer shall motu propio conduct a run-off
election within ten (10) days from the close of the election
proceedings between the labor unions receiving the two
highest number of votes; provided, that the total number of
votes for all contending unions is at least fifty (50%) percent
of the number of votes cast.
"No Union" shall not be a choice in the run-off election.
Notice of run-off elections shall be posted by the Election
Officer at least five (5) days before the actual date of run-off
election.
-----------------------------------------------
PCE / BAR TO PCE / APPEAL
----------------------------------------------
1. FOUR CONDITIONS BEFORE RUN-OFF
ELECTION MAY BE CONDUCTED
A run-off election is proper if these concurrent conditions
exist, namely:
a. a valid election took place because majority of the CBU
members voted.
b. the election presented a least three choices, e.g., Union One,
Union Two, and No Union, meaning there are at least two
union candidates. Further, not one of the unions obtained the
majority of the valid votes.
c. the total number of votes for all the unions is at least 50% of
the valid votes cast.
d. there is no unresolved challenge of voter or election protest.
2. WHO ARE QUALIFIED TO VOTE FOR
CERTIFICATION ELECTION
(See No.15, page 10)
3. A) CAN PROBATIONARY OR NON-REGULAR
EMPLOYEES VOTE FOR CERTIFICATION
ELECTION?
Page !10
YES. In a certification election all rank-and-file employees in
the appropriate bargaining unit are entitled to vote. This
principle is clearly stated in Art. 255 of the Labor Code which
states that the "labor organization designated or selected by the
majority of the employees in an appropriate bargaining unit
shall be the exclusive representative of the employees in such
unit for the purpose of collective bargaining."
Collective bargaining covers all aspects of the employment
relation and the resultant CBA negotiated by the certified
union binds all employees in the bargaining unit. Hence, all
rank-and-file employees, probationary or permanent, have a
substantial interest in the selection of the bargaining
representative. The Code makes no distinction as to their
employment status as basis for eligibility in supporting the
petition for certification election. The law refers to "all" the
employees in the bargaining unit. All they need to be eligible
to support the petition is to belong to the "bargaining unit".
B) DISMISSED EMPLOYEES WHO FILED PETITION
FOR ILLEGAL DISMISSAL?
IT DEPENDS.
MANDATORY REQUIREMENT
administrative rule nor jurisprudence requires that only
employees affiliated with any labor organization may take part
in a certification election. On the contrary, the plainly
discernible intendment of the law is to grant the right to vote
to all bona fide employees in the bargaining unit, whether they
are members of a labor organization or not.
D) STRIKING EMPLOYEES?
Strikers are eligible to vote in a certification election because
they continue to enjoy employee status during the strike,
unless, in the meantime, they are declared to have lost their
employee status. (R. Transport Corp. vs. Laguesma)
4. A) IN CASE A VOTE IS CHALLENGED, WHAT
SHOULD BE DONE? / RULES ON CHALLENGING
OF VOTES?
(See No.16B, Page 10)
5. POSTING OF NOTICE OF ELECTION IS A

(See No.15, page 10)

An employee who has been dismissed from work but has
contested the legality of the dismissal in a forum of
6. GROUNDS FOR CHALLENGING OF VOTES
appropriate jurisdiction at the time of the issuance of the order
for the conduct of a certification election shall be considered a
(See No.16A, Page 10)
qualified voter, unless his/her dismissal was declared final
judgment at the time of the conduct of the certification
election.

7. C A N A C E RT I F I C AT I O N E L E C T I O N B E

In Philippine jurisprudence it is now settled that employees CONDUCTED DURING A STRIKE?

who have been improperly laid off but who have a present,
unabandoned right to or expectation of re-employment, are YES. (Check Asian Design vs. Ferrer-Calleja)
eligible to vote in certification elections. Thus, and to repeat,
if the dismissal is under question, as in the case now at bar
whereby a case of illegal dismissal and/or unfair labor practice

was filed, the employees concerned could still qualify to vote 8. A) CAN A LABOR ORGANIZATION FILE A
in the elections.

C) MEMBERS OF RELIGIOUS SECT?
MOTION FOR INTERVENTION IN
UNORGANIZED ESTABLISHMENT?

YES.
In unorganized establishments, a legitimate labor
organization with substantial interest in the certification
In the CE all members of the unit, whether union members or election may file a motion for intervention (Sec. 8, Rule
not, have the right to vote. Union membership is not a VIII, Book V, Rules Implementing the Labor Code)
prerequisite. If majority of the unit members do not want a
union, as expressed in the CE, such majority decision must be


respected. Logically, the right NOT to join, affiliate with, or B) AT WHAT PERIOD OF TIME?
assist any union, and to disaffiliate or resign from a labor
organization, is subsumed in the right to join, affiliate with, or


at any time prior to the decision of the Med-Arbiter.
assist any union, and to maintain membership therein. The
right to form or join a labor organization necessarily includes


the right to refuse or refrain from exercising said right. It is 9. CAN AN EMPLOYER FILE A PCE?
self-evident that just as no one should be denied the exercise
of a right granted by law, so also, no one should be compelled


Yes, in an UNORGANIZED establishment. (Art.258)
to exercise such a conferred right.



10. EXCEPTIONS TO THE BY-STANDER PRINCIPLE
The respondents' argument that the petitioners are disqualified
to vote because they "are not constituted into a duly organized

By-stander principle may not be applied if the
labor union" "but members of the Iglesia Ni Cristo (INC) employer invokes the following grounds to protect his interest:
which prohibits its followers, on religious grounds, from a. Non-existence of Er-Ee relationship
joining or forming any labor organization" and "hence, not between the company and the employees sought to be
one of the unions which vied for certification as sole and represented by the petitioning union.
exclusive bargaining representative," is specious. Neither law,
Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman Page !11
 b. Petitioning union has no legitimacy or
legal personality.
c. Petition is not supported by the written
consent of 25% of the employees within the bargaining unit.
d. Bargaining unit being represented by the
petitioning union is not an appropriate bargaining unit.
e. Contract-bar rule
f. Voluntary recognition-year bar rule
g. Election-year bar rule
h. Negotiation-year bar rule
i. Deadlock bar rule
11. CONTRACT BAR RULE
(See No.6, page 8)
12. VOLUNTARY RECOGNITION RULE
253)
No PCE may be filed within one year from the date of a valid
voluntary recognition.
13. ELECTION YEAR BAR RULE
No PCE may be filed within one year from the date of a valid
certification, consent, or run-off election or from the date of
voluntary recognition.
14. NEGOTIATION YEAR BAR RULE
A PCE cannot be entertained if, before the filing of the PCE,
the duly recognized or certified union has commenced
negotiation with the employer in accordance with Art.250.
15. DEADLOCK BAR RULE
1.
A PCE cannot be entertained if before the filing of the PCE, a
bargaining deadlock to which an incumbent or certified
bargaining agent is a party, had been submitted to conciliation
or arbitration or had become the subject of a valid notice of
strike or lockout. The one-year bar is not necessary.
16. A) APPEAL IN UNORGANIZED ESTABLISHMENT
If petition is granted, the case is not subject to appeal.
petition is dismissed, the case is appealable.
If
B) APPEAL IN ORGANIZED ESTABLISHMENT
Whether petition is granted or dismissed, the case is subject to
appeal.
17. TWO MODES OF DETERMINATION OF
COLLECTIVE BARGAINING AGENT
a. Certification Election includes consent, run-off
election
b. Voluntary Recognition
18. DEFINITION OF DUTY TO BARGAIN
COLLECTIVELY (Art.252)
The duty to bargain collectively means the performance of a
mutual obligation to meet and convene promptly and
expeditiously in good faith for the purpose of negotiating an
Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman
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 make any
concession.
19. ESSENTIAL ELEMENTS IN DUTY TO BARGAIN
COLLECTIVELY
(See. No.18 - Art. 252 & No.20A - Art 253)
20. A) WHEN IS THERE A DUTY TO BARGAIN
COLLECTIVELY WHEN A CBA EXISTS? (ART.
When there is a collective bargaining agreement, the duty to
bargain collectively shall also mean that neither party shall
terminate nor modify such agreement during its lifetime.
However, either party can serve a written notice to terminate
or modify the agreement at least sixty (60) days prior to its
expiration date. It shall be the duty of both parties to keep the
status quo and to continue in full force and effect the terms
and conditions of the existing agreement during the 60-day
period and/or until a new agreement is reached by the parties.
B) WHEN THERE IS NO EXISTING CBA? (ART.252)
(See No.18)
------------------------------------------------------
THE COLLECTIVE BARGAINING PROCESS
------------------------------------------------------
ORGANIZATION (ART.243-248)
Art.243 Coverage and Employees Right to SO
Art.244 Right of Employees in the Public Service
Art.245 Ineligibility of managerial employees to join any
labor organization; Right of Supervisory
Art.246 Non-abridgement of Right to SO
Art.247 Concept of ULP and Procedure for Prosecution
thereof
Art.248 ULP of Employers
2. REGISTRATION / AFFILIATION (ART.234-244)
Art.234 Requirements of registration
Art.235 Action on Application
Art.236 Denial of Registration; Appeal
Art.237 Additional requirements for Federations or National
Unions
Art.238 Cancellation of Registration; Appeal
Art.239 Grounds of Cancellation of Union Registration
Art.240 Equity of the Incumbent
Art.241 Rights and Conditions of Membership in Labor Org
Art.242 Rights of LLO
Art.243 Coverage and Employees Right to SO
Art.244 Right of Employees in the Public Service
3. DEMAND TO BARGAIN (ART.250 Procedure in
CB)
Page !12
The ff procedures shall be observed in collective bargaining: PURPOSE: Contract Bar Rule
a. When a party desires to negotiate an agreement, it
shall serve a written notice upon the other party with



a statement of its proposals. The other party shall -------------------------------------------------
make a reply thereto not later than ten (10) calendar CERTIFICATION ELECTION PPROCESS
days from receipt of such notice; -------------------------------------------------
b. Should differences arise on the basis of such notice 1. Outline of the Certification Election Process.
and reply, either party may request for a conference
which shall begin not later than ten (10) calendar


1.1. FILING OF PETITION
days from the date of request;
c. If the dispute is not settled, the Board shall intervene


1.2. HEARING
upon request of either or both parties or at its own
initiative and immediately call the parties to


1.2.1. Motion to Dismiss
conciliation meetings. The Board shall have the
power to issue subpoenas requiring the attendance of


1.2.2. Motion to Suspend Proceedings
the parties to such meetings. It shall be the duty of
the parties to participate fully and promptly in the


NOTE: GROUNDS FOR SUSPENDING
conciliation meetings the Board may call; PROCEEDINGS
d. During the conciliation proceedings in the Board, the a. When the union is a company-dominated union,
parties are prohibited from doing any act which may prejudicial question
disrupt or impede the early settlement of the b. When the legal personality of the union is seriously
disputes; and challenged
e. The Board shall exert all efforts to settle disputes
amicably and encourage the parties to submit their


1.2.3. Motion for Intervention

case to a voluntary arbitrator.

1.2.4. Parties may agree to Consent Election
Voluntary Recognition
-In Unorganized Establishment

NOTE: When the parties agreed to have consent
a. Joint statement of fact of voluntary recognition, fact of election, the 3rd step is skipped off. The 4th step Pre-
posting, and fact of only 1 union election Conference follows.
b. Notice of Voluntary Recognition with DOLE
c. Recording


-Petition for Certification Election
1.3. ISSUANCE OF ORDER / DECISION

a. LLO 4. PRE-ELECTION CONFERENCE
b. Federation
c. Employer


4. NEGOTIATIONS
5.
-

POSTING OF NOTICE OF ELECTION
Mandatory Requirement. 10 Days before the election

DEADLOCK
6.
ELECTION

- Conciliation 7. CANVASSING
-
-
Arbitration
Strikes / Lockouts


CBA
8.
PROCLAMATION

-------------------------------------------------------------------------
- Signed GRIEVANCE MACHINERY & VOLUNTARY
- Any agreement on such other provisions of the CBA ARBITRATION
entered into within 6 mos. from the date of expiry of -------------------------------------------------------------------------
the term of such other provisions, shall retroact to 1. WHAT IS A GRIEVANCE?

-
the day immediately following such date.
If any such agreement is entered into beyond 6 mos.,
the parties shall agree on the duration of retroactivity
thereof. In case of a deadlock in the renegotiation of
the CBA, the parties may exercise their rights under
this Code.
- If theres deadlock the effectivity date shall be
A grievance is defined as any question by either the employer
or the union regarding the interpretation or application of the
collective bargaining agreement or company personnel
policies or any claim by either party that the other party is
violating any provision of the CBA or company personnel
policies.

when the arbitrator renders its final decision.

If the term grievance is to be applied in the loose or generic
5. POSTING (ART.231)

6. RATIFICATION
sense, any dispute or controversy respecting terms and
conditions of employment which an employee or group of

7. REGISTRATION (ART.231)
employees may present to the employer can be a grievance,
even without a union or CBA.


Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman Page !13
The expansion of the original and exclusive jurisdiction of
voluntary arbitrators to include questions arising from the
interpretation and enforcement of company personnel policies
has the effect of widening the meaning and interpretation of a
grievance to include a situation where there is no collective
bargaining agent and no CBA.
2. IF THERE IS GRIEVANCE, TO WHAT BODY IT
SHOULD BE PRESENTED?
All grievances arising from the implementation or
interpretation of the collective bargaining agreement and/or
interpretation and enforcement of company personnel policies
are compulsorily subject to the grievance machinery.
Upholding the requirement, the Court has ruled that the
grievance procedure provided in the CBA should be adhered
to by the parties. Refusal or failure to do so is an unfair labor
practice, because the grievance procedure is part of the
continuous process of collective bargaining. It is intended to
promote friendly dialogue between labor and management as a
means of maintaining industrial peace.
Before an aggrieved employee may resort to the courts to
enforce his individual rights under a bargaining contract, the
employee must exhaust all the remedies available to him under
such contract. And a court should not entertain any complaint
by an aggrieved employee until proper use has been made of
the contract grievance procedure agreed upon by employer
and the bargaining representative. The grievance machinery
under the agreement is the very heart of industrial self-
government.
3. IS A VIOLATION OF CBA A GRIEVANCE? (Art.
261)
YES. Violations of a CBA shall no longer be treated as ULP
and shall be resolved as grievances under the CBA, except
those which are gross in character.
4. WHEN THE VIOLATION OF CBA IS GROSS,
WHO HAS JURISDICTION?
labor arbiter or Secretary of Labor or the NLRC)
The Labor Arbiter. (Art.17)
5. WHAT IS VOLUNTARY ARBITRATION
JURISDICTION?
Voluntary Arbitration Voluntary arbitration has been defined as
a contractual proceeding whereby the parties to any dispute or
controversy, in order to obtain a speedy and inexpensive final
disposition of the matter involved, select a judge of their own
choice and by consent submit their controversy to him for
determination. Under voluntary arbitration, on the other hand,
referral of a dispute by the parties is made, pursuant to a
voluntary arbitration clause in their collective agreement, to an
impartial third person for a final and binding resolution.
6. A) WHO IS A VOLUNTARY ARBITRATOR?
A voluntary arbitrator is chosen by the parties themselves
(preferably accredited by the NCMB). The choice is usually
influenced by the trust in the persons fairness and knowledge
of the dynamics, including law, of labor-management relation.
Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman
B) CAN THE PARTIES AGREE TO APPOINT LABOR
ARBITER AS A VOLUNTARY ARBITRATOR?
YES. The parties are afforded the latitude to decide for
themselves the composition of the grievance machinery as
they find appropriate to a particular situation.
A voluntary arbitrator is chosen by the parties themselves
(preferably accredited by the NCMB). The choice is usually
influenced by the trust in the persons fairness and knowledge
of the dynamics, including law, of labor-management relation.
The preferred method of selection is by mutual agreement of
the parties. Alternative methods include the selection or
appointment by an administrative agency like the NCMB.
7. WHAT IS THE JURISDICTION OF VOLUNTARY
ARBITRATOR? (Art.261)
The Voluntary Arbitrator or panel of Voluntary Arbitrators
shall have original and exclusive jurisdiction to hear and
decide all unresolved grievances arising from the
interpretation or implementation of the Collective Bargaining
Agreement and those arising from the interpretation or
enforcement of company personnel policies. By unresolved
grievance it means that the grievance must have passed the
grievance machinery.
8. A) CAN THE VOLUNTARY ARBITRATOR HAVE
JURISDICTION OVER LABOR DISPUTES?
YES. In labor-management relations voluntary arbitration is a
master procedure. Any and all kinds of labor disputes may be
submitted to, settled or resolved through voluntary arbitration,
if the parties so desire. Money claims, bargaining deadlocks,
strike or lockout, employment termination, and even questions
about existence or absence of employer-employee relationship,
may be resolved by the partieswith finalityby availing
themselves of voluntary arbitration.
As a master procedure voluntary arbitration takes precedence
over other dispute settlement devices (i.e., cases before the
B) IS THERE ANY DIFFERENCE BETWEEN THE
T E R M I N AT I O N D I S P U T E S U N D E R A RT. 2 1 7
WHEREIN THE LABOR ARBITER HAS
YES. Compulsory arbitration is a system whereby the parties
to a dispute are compelled by the government to forego their
right to strike and are compelled to accept the resolution of
their dispute through arbitration by a third party. The essence
of arbitration remains since a resolution of a dispute is arrived
at by resort to a disinterested third party whose decision is
final and binding on the parties, but in compulsory arbitration,
such a third party is normally appointed by the government.
In Philippine context, the judge in voluntary arbitration is
called arbitrator, while that in compulsory is labor arbiter. The
jurisdiction of a VA is stated in Articles 261 and 262 while that
of an LA is in Article 217.
Page !14

---------------------------------------------------
a. when the supposed strikers did not strike but were
practically locked out
STRIKES AND LOCKOUTS b. where the strikers voluntarily and unconditionally
--------------------------------------------------- offered to return to work, but the employer refused to accept


1. Validity of strikes
the offer without justifiable reason.


11. Illegality of strikes
a. ALPAP vs. CIR mass resignation a. violation of specific prohibition by law
b. Phil. Blooming Mills Case strike without labor - correct wage distortion
dispute


2. Kinds of strike
- do not bargain collectively
- org. without bargaining rights
- inter-union/intra-union disputes
a. as to dispute
- unfair labor practice strike

b. specific requirement of law

- economic strike
c. unlawful purpose
b. as to the manner of execution - induce to commit ULP to non-union
- walk-out - committed by minority to strike
- sit-down - becomes illegal only when
ingress or egress of compound is blocked

d. unlawful means employed
- slow-down
- mass leave e. violation of existing injunction strike after return
- wildcat illegal

c. as to the employer to whom it is directed
to work order/assumption order

f. violation of existing agreement
- primary - conclusive bargaining agreements
- secondary - connection by - in violation of non-strike policy only in
employment; illegal no labor dispute economic strike but not in ULP strike
considered illegal
- sympathy - no connection at all;

12. Liable for damages in strike
- general In order to hold the union and the strikers liable for
- particular


3. Legal grounds for declaring a strike
damages, the best evidence obtainable must be presented.
Actual or compensatory damages cannot be presumed, but
must be duly proved with reasonable degree of certainty. The
a. collective bargaining deadlock must be competent proof that damages have been suffered and
b. unfair labor practice act of the employer


4. Who can declare a strike?
the actual amount thereof. In the absence of competent proof
of actual damage the employer is entitled to nominal damages
which as the law says, is adjudicated in order that the
Rule: Duly recognized collective bargaining defendant may be vindicated and recognized, and not for the
representative legitimate labor organization only if it is an purpose of indemnifying the plaintiff for any loss suffered.
ULP strike.


5. Requisites for validity of strikes
Local union and not the mother federation is liable
for damages resulting from an illegal strike. The reason is
because the local union is the principal and the mother
a. notice of strike federation is a mere agent of the local union.
b. strike vote
c. strike vote report


13. Can a strike be enjoined?
d. + plus lawful purpose and means


6. Notice of strike
Gen. Rule: No; right granted by the constitution
Exceptions:
a. If declared against an industry indispensable to
- 30 days - collective bargaining dispute national interest, in which case, the Secretary of Labor and
- 15 days - ULP exception: union busting


7. Strike vote
Employment may assume jurisdiction or certify the dispute for
compulsory arbitration. Such assumption or certification has
the effect of automatically enjoining the strike.
Majority of TOTAL UNION MEMBERSHIP


8. Strike vote report
b. If staged by employees who are not accorded the
right to strike, like managerial employees or employees
government-owned or controlled corporation with original
The union should report to the regional branch of the charters.
National Conciliation and Mediation Board the results of the c. If staged because of an intra-union or inter-union
voting at least seven (7) days before the intended strike.


9. Report to work order
dispute.

Note: even if the illegal strike is not
- immediately executory; non-appealable


10. No work, no pay principle; exceptions
enjoined, the illegal acts can be considered enjoined


14. Strike breaker
Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman Page !15
 A strike breaker is a person who obstructs, impedes,
or interferes with by force, violence, coercion, threats or
intimidation any peaceful picketing by employees during any
labor controversy affecting wages, hours or conditions of work
or in the exercise of the right to self-organization or collective
bargaining.
15. Prohibition against escorting replacement
What is prohibited is the escorting of individuals in
entering or leaving the strike area to replace the striking
employees. What the law prohibits is the escorting of
replacements WITHIN the strike area. STRIKE AREA refers
to the establishment, warehouses, depots, plants or offices,
sites or premises used as runaway shops and the immediate
vicinity actually used by the picketing strikers in moving to
and fro before all points of entrance to and exit from said
establishment.
16. Picketing
Gen. Rule: Allowed. Freedom of speech
Exceptions (3): Persons or employees engaged in
picketing are forbidden from:
a. committing any act of violence, coercion, or
intimidation;
b. obstructing the free ingress to and egress from the
employers premises; and
c. obstructing public thoroughfares
17. Limitations to a lockout
A lockout cannot be declared:
a. without first having bargained collectively;
b. without first having filed the notice of lockout;
c. without the necessary lockout vote first having
been obtained and reported to the department of labor and
employment;
d. after the secretary of labor and employment
assumes jurisdiction or certifies the dispute to compulsory or
voluntary arbitration; or
e. during the pendency of cases involving the same
grounds for the lockout
18. National interest disputes
Note: It is not necessary that there must be an
ACTUAL STRIKE; intended strike can be, before the
Secretary may assume or certify.
a. legal effect automatically enjoins
b. violation of return to work order ALL
STRIKERS
Illegal strike/committed violation in illegal
strike UNION OFFICERS or MEMBERS.
---------------------------------------------------
cont. STRIKES AND LOCKOUTS
---------------------------------------------------
1. What is a strike?
Strike is any temporary stoppage of work by the
concerted action of employees as a result of an industrial or
labor dispute.
2. Limitations to strike.
A strike cannot be declared:
a. without first having bargained collectively;
Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman
b. without first having filed the notice of strike;
c. without the necessary strike vote first having been
obtained and reported to the department of labor and
employment;
d. after the secretary of labor and employment
assumes jurisdiction or certifies the dispute to compulsory or
voluntary arbitration; or
e. during the pendency of cases involving the same
grounds for the strike
3. Who are qualified to vote in a strike?
The decision to declare a strike must be approved by
the majority of the TOTAL UNION MEMBERSHIP in the
bargaining unit concerned, through secret ballot in a meeting
or referendum called for the purpose.
4. Is mass-leave considered a strike? Mass resignation?
Mass-leave is considered as a strike if they constitute
temporary stoppages arising from labor disputes. Mass
resignation is not a strike because it is not temporary in nature.
5. Distinguish secondary strike and sympathy strike.
Secondary strike this is directed against the
employer connected by product or employment with alleged
unfair labor conditions or practices.
Sympathy strike This is a strike stages to make
common cause with other strikers in other establishments of
companies without the existence of any dispute between the
striking employees and their employer. In a sympathy strike,
there need not be a connection of product or employment. The
connection of products or employment with the primary labor
dispute is the distinguishing factor between a secondary strike
and a sympathy strike.
6. Legal grounds for strike.
a. collective bargaining deadlock
b. unfair labor practice act of the employer
7. Who can conduct a strike? How does one become a duly
recognized collective bargaining representative?
Under the rules, only a certified or duly recognized
collective bargaining representative can declare a strike, be it
an economic strike or an unfair labor strike. In the absence of
a certified or duly recognized collective bargaining
representative, a strike can be declared by a legitimate labor
organization in the establishment, but only on the ground of
unfair labor practices. Therefore, employees of establishments
where there is no union cannot strike.
Voluntary Recognition OR Certification Election.
8. Can a strike be conducted in an unorganized
establishment?
No
9. What are the legal requirements of a strike?
a. notice of strike
b. strike vote
c. strike vote report
10. Duration of filing of Notice of Strike?
The notice of strike should be filed with the Regional
Branch of the National Conciliation and Mediation Board, and
SERVED to the company, at least;
Page !16
 a. thirty (30) days before the intended date of strike
if the ground for strike is based on collective bargaining
deadlock; or
b. fifteen (15) days before the intended date of strike
if the ground for strike is based on unfair labor practice
The purpose of the notice of strike is to provide an
opportunity for mediation and conciliation.
11. What is cooling-off period? Duration?
The cooling-off period is the span of time allotted by
law for the parties to settle their disputes in a peaceful manner
before declaring a strike. The duration of the cooling-off
period are as follows:
a. thirty (30) days from the filing of the notice of
strike if the ground for strike is based on collective
bargaining deadlock; or
b. fifteen (15) days from the filing of the notice of
strike if the ground for strike is based on unfair labor
practice.
Observance of the cooling-off period is mandatory.
12. Can one declare a strike during cooling-off period?
- During UNION BUSTING
13. Requirements of strike vote
The decision to declare a strike must be approved by
the majority of the TOTAL UNION MEMBERSHIP in the
bargaining unit concerned, through secret ballot in a meeting
or referendum called for the purpose.
14. Can injunction be issued against a strike? Exceptions?
Gen. Rule: No; right granted by the constitution
Exceptions:
a. If declared against an industry indispensable to
national interest, in which case, the Secretary of Labor and
Employment may assume jurisdiction or certify the dispute for
compulsory arbitration. Such assumption or certification has
the effect of automatically enjoining the strike.
b. If staged by employees who are not accorded the
right to strike, like managerial employees or employees
government-owned or controlled corporation with original
charters.
c. If staged because of an intra-union or inter-union
dispute.
Note: even if the illegal strike is not
enjoined, the illegal acts can be considered enjoined
15. At what point of time can union declare a strike?
After all the requisites have been complied with.
16. Suppose the strike ceased, can the employees be
reinstated?
Yes, there was no termination of employment which
is permanent.
16.1 How about if it is an illegal strike?
The present rule is that an illegal strike does not
automatically warrant the wholesale dismissal of strikers. Only
the following strikers can be penalized with loss of
employment status:
Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman
a. Union officers who knowingly participate in an
illegal strike; and
b. Union officers or members who knowingly
participate in the commission of illegal acts during a strike
17. Can the strikers be entitled to backwages?
Gen. Rule: The strikers are not entitled to backwages
on the principle that a fair days wage accrues only for a
fair days labor
Exception: The following are entitled to backwages
a. involuntary strikers illegally locked-out
b. voluntary strikers in ULP strike who offered to
return to work unconditionally
18. Requisites of valid strike.
a. notice of strike
b. strike vote
c. strike vote report
19 Who may issue injunction?
a. industry indispensable to national interest -
secretary of labor
b. those who are not accorded to strike NLRC
c. inter-union/inter-union disputes NLRC
20. Effects of the issuance of return-to-work order/
assumption order?
a. automatically enjoins the intended or impending
strike or lockout as specified in the assumption or certification
order;
b. if one has already taken place at the time of
assumption or certification, all striking or locked-out
employees shall immediately return to work; and
c. the employer shall immediately resume operations
and re-admit all workers under the same terms and conditions
prevailing before the strike or lockout.
21. Can union members in the strike be arrested?
Exceptions?
Gen. Rule: A police officer cannot arrest or detain a
union member for union activities without previous
consultations with the secretary of labor.
Except on grounds of:
1. national security
2. public peace
3. commission of a crime
An arrest can be lawfully made in the following cases;
a. any person who obstructs the free and lawful
ingress and egress from the employers premises or who
obstructs public thoroughfares.
b. any person who shall have in his possession deadly
weapons in violation of BP Blg 6 and firearms and explosives.
22. Procedure of filing criminal cases
Before filing a criminal case relating to or arising out
of a labor dispute, clearance must first be obtained from the
Department of Labor and Employment or the Office of the
President. An injunction order issued in a labor case is
considered as compliance with the clearance requirement.
23. Procedure of removing blockades
Obstructions in public properties, such as streets,
sidewalks, alleys, may be summarily removed by the local
Page !17
governments, through their respective law enforcement
authorities without consulting with the DOLE, because these
obstructions are considered as nuisance per se. Obstructions in
points of egress and ingress of private properties during a
labor dispute may be removed only in accordance with proper
II. TERMINATION OF EMPLOYMENT (Arts. 278-287)
orders issued by the office of the secretary of labor and
Employment or by the NLRC or its arbitration branches. They
cannot be summarily demolished by law enforcement
authorities.
24. Lockout? Lockout vs. Shutdown
Lockout is the temporary refusal of an employer to
furnish work as a result of an industrial or labor dispute.
Lockout is different from shutdown in the sense that
in a lockout the plant continues to operate, whereas in a
shutdown, the plant ceases to operate. A shutdown is the
willful act of the employer himself following a complete
lockout as contrasted to the compulsory stoppage of operations
as a result of a strike and walkout. It can be truly said that all
shutdowns are lockouts but not all lockouts constitute
shutdowns.
25. Requisites of valid lockout
must be:
To constitute a lockout, the refusal to furnish work
a. temporary
b. the result of a labor dispute
26. When can an employer declare a lockout?
There are only two (2) grounds for declaring a
lockout, namely:
a. collective bargaining deadlock; and
b. unfair labor practice
27. Cooling-off period for lockout?
The cooling-off period is the span of time allotted by
law for the parties to settle their disputes in a peaceful manner
before declaring a lockout. The duration of the cooling-off
period are as follows:
a. thirty (30) days from the filing of the notice of
lockout if the ground for lockout is based on collective
bargaining deadlock; or
b. fifteen (15) days from the filing of the notice of
lockout if the ground for lockout is based on unfair labor
practice.
28. Sanction for illegal lockout?
An employer found guilty of illegal lockout may be
held liable for backwages.
a. suppose the employees were terminated upon the
duration of illegal lockout, what are his remedies?
Any worker whose employment has been terminated
as a consequence of an unlawful lockout shall be entitled to
reinstatement with full backwages.
For violation of Article 264 (a) of the LC, the remedy
is to file with the Arbitration Branch of the NLRC a petition to
declare the strike or lockout illegal.
For violation of Articles 264 (b), (c), (d) and (e) of
the LC, the remedy if to file a petition for injunction with the
NLRC.
In addition, criminal action may be filed for any
violation of Article 264 of the LC, the penalties of which are
set forth in Article 272 of the same code.
Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman
1. Security of tenure. Definition
Art. 282 just causes
Art, 283 authorized causes
Security of Tenure the constitutional right granted
the employee, that the employer shall not terminate the
services of an employee except for just cause or when
authorized by law. It extends to regular (permanent) as well as
non-regular (temporary) employment.
2. Who are entitled to security of tenure?
Note: security of tenure if not a guarantee of
perpetual employment
a. regular employees
b. non-regular employees qualified in that it cannot
be terminated without just cause prior to the completion of the
project, season or term of employment.
3. What is the remedy for violation of security of tenure?
Art. 277-B
4. What are the reliefs for unjust dismissal of migrant
workers? of locally employed workers?
a. reinstatement Art. 279
b. backwages
c. damages bad faith, arbitrary
d. attorneys fees
e. separation pay
5. What is reinstatement? Concept of reinstatement
Reinstatement in its generally accepted sense refers to
a restoration to a state from which one has been removed or
separated. It is the return to the position from which he was
removed.
Under the concept of reinstatement, an employer
cannot be ordered to reinstate an employee to a position which
he never occupied. For example, if an employee at the time of
his dismissal was occupying a lower position, he cannot be
ordered reinstated to a higher position. Similarly, if the
dismissed employee at the time of his dismissal was
occupying a temporary position, he cannot be ordered
reinstated to a permanent position.
6. What is reinstatement WITHOUT LOSS OF
SENIORITY RIGHTS?
The phrase without loss of seniority rights means
that upon reinstatement, the employee is to be treated in
matters involving rank, position and continuity of employment
as though he has not been absent from work.
7. Who is entitled to reinstatement?
Note: In reinstatement, there must be illegal dismissal
8. Exceptional cases where dismissal is illegal but
reinstatement is impossible
a. transfer of ownership
b. employer suffers from business reverses
c. position occupied was abolished
d. closure of business
e. physical or mental incapacity
f. retirement age of the employee
Page !18
 g. conviction of criminal case
- Sampaguita Garments vs. NLRC
h. prescription
- 4 years from date of dismissal
i. strained relations
j. laches
k. complaint merely prays for separation pay
9. What is backwages? Unpaid wages? Distinction
Backwages refer to the compensation which an
employee would have earned had he not been unjustly
dismissed.
Unpaid wages refers to compensation for services
already rendered but withheld by the employer.
10. Exceptional cases that warrant limited or no
backwages at all
Note: full backwages illegal dismissal under the
law; those provided by the labor code
*Art. 286 renumbered to Art. 290
EO 10151
-Limited backwages the penalty of
dismissal is not commensurate to the offense committed.
-No backwages when -
-employer acted in good faith
-cessation of employment brought
about neither by dismissal or abandonment
-cessation of employment due to
employees refusal
11. Circumstances that forestall running of backwages
a. death
b. mentally incapacitated/ physical incapacity
c. attainment of retirement age
d. closure of business
-temporary
-permanent
e. imprisoned (confinement in prison)
f. re-employment of the dismissed employee
12. What is separation pay? Concept and purpose?
Separation pay is sort of an aid given to an employee
upon his separation from service so that he may have
something on which to fall back when he loses his means of
livelihood. It is an amount designated to provide him with the
wherewithal during the period that he is looking for
employment.
The purpose of separation pay is to alleviate the
difficulties that confront a dismissed employee thrown into the
streets to face the harsh necessities of life. This gives the
employee a leeway to tide him and his family over in the
meantime that he goes job-hunting. To one who is accustomed
to a certain type of job in one company, adjustment to other
job opportunities become a problem. Advanced age too, may
reduce him to a low priority in the labor market. Thus, the
necessity to cushion the adverse effects of sudden separation
from service.
13. When is separation pay proper?
Normally, separation pay is a relief granted only to
employees who are terminated by reason of:
a. redundancy;
b. installation of labor-saving devices;
c. retrenchment;
Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman
d. closure of establishment not due to serious
business losses;
e. disease; or
f. lay-off/suspension of operations for more than six
(6) months.
14. Is the employee entitled to separation pay even if
dismissed for a just and valid cause?
PLDT vs. NLRC p.506
The general rule is that the separation from work of
an employee for a just cause does not entitle him to separation
pay. Nevertheless, exceptionally and as an equitable
concession, the Supreme Court has held that separation pay
may be awarded as a measure of social justice even if the
dismissal is found to be valid and justified, but only in those
instances where the employee was validly dismissed for a
cause other than serious misconduct or offenses reflecting on
his moral character.
15. Damages as relief for illegal dismissal?
Note: Specifically moral or exemplary, NOT ALL
illegal dismissal cases warrant award of damages. It must be
duly pleaded and proven
*Based on Civil Code for damages
16. Can corporate officers be liable personally or solidarily
with the corporation? Exceptions?
17. Managerial prerogatives; What are the managerial
prerogatives?
a. hiring
b. promote
c. transfer
d. reduce personnel for economic reasons
e. change working hours, reduce, abolish a
department or section
f. reorganize and abolish positions
g. spin-off
h. close down its business
i. discipline employees
NOTE: Managerial prerogatives cannot be interfered
by NLRC or labor arbiter, except on certain cases
CONTINUATION
1. What are the classification of employees according to
rank?
a. managerial
b. supervisory
c. rank and file
2. What is regular employment? Exceptions
An employment is deemed regular where the
employee has been engaged to perform activities that are
usually necessary of desirable in the usual business or trade of
the employer. Depends on nature of work.
a. project
b. seasonal
c. fixed term
3. What is non-regular employment?
Page !19
 Employment other than a regular one. Only for a a. serious misconduct or willful disobedience of the
limited period or duration such as project, seasonal, or lawful orders, in connection with his work
contractual. a.1. requisites of serious misconduct/willful


4. What is project employment?
disobedience
b. gross AND habitual neglect of duty
Note: Duration of undertaking b.1. distinguish neglect (purely objective
a. activity done on a daily basis but only for a specific fact) from negligence 9subjective state of mind)
duration of time until completion b.2. damage is not essential in neglect
b. not commonly or habitually performed c. fraud


5. What is seasonal employment?
-committed against employer
-committed with employees work
A job that is limited to the duration of a particular d. willful breach of trust
season. -willful


6. What is fixed-term employment? functions
-related to performance of employee

Note: Agreement of parties

One which by free choice of the parties have assigned d.1 person holing a position of TRUST and
a specific date of termination. CONFIDENCE


7. What is casual employment?
-managerial
- holding properties of the company
Note: Rendered at least 1 year, becomes casual e. commission of a crime-person only
regular employee -employer
Casual employment is a job wherein the activities -immediate members of family
performed by the employee are not usually necessary or -authorized representative
desirable in the usual business or trade of the employer. f. analogous causes


8. What is probationary employment?

Note: offenses must have an element similar
Probationary employment is a situation where the to those found in just causes. It must be VOLUNTARY and
employee upon his engagement is made to undergo a trial WILLFUL ACT
period during which the employer determines his fitness to Note: enumerated in the book, other
qualify for regular employment based on reasonable standards analogous causes
made known to him at the time of engagement. *definition of union security clause

a. duration of probationary employment


12. Breach of union security agreement; limitations
a.1. ordinary employees A union security agreement is binding even if the
Generally, the probationary period of employment of employees are not aware of such agreement. Neither their
ordinary employees is limited to six months. The exceptions ignorance nor dissatisfaction with the terms and conditions
are would justify their breach thereof or the formation by them of
1. when the parties to an employment a union of their own.
contract or collective bargaining agreement agree on a longer
period;


13. Participation in an ILLEGAL STRIKE
2. when a longer probationary period is -union officers
established by company policy; -commission of ILLEGAL ACTS during a strike
3. when a longer period is required by the union officers or members
nature of work. -defiance of a return to work order ALL

a.2. academic
STRIKERS, regardless of participation/commission


1. elementary or secondary 3 consecutive 14. Sexual Harassment
school years of satisfactory service; Note: It must be on the power being exercised by a
2. tertiary and grad school 6 consecutive superior officer over his subordinates.
semesters of satisfactory service;
3. tertiary on trimester 9 consecutive


15. Procedural requirements of disciplinary proceedings
trimesters of satisfactory service.


15.1. concept of due process
9. Requisites on extension of probationary employment Standard of due process:
Note: Notice of extension must be on or before the a. twin notice rule
expiration of probationary period. -pre-notice
-post-notice
10. Grounds for termination of probationary employment b. hearing or conference
a. just and authorized causes 15.2. preventive suspension
b. failure to qualify as regular employee made known - 30 days non-extendible
by employer 15.3. burden of proof


11. Just causes (Art. 282)
- rests upon the employer
15.4. degree of proof
Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman Page !20
 - substantial evidence
16. Contra-distinguish RELIEF and REMEDY in an
ILLEGAL/UNJUSTLY dismissed employee
-Remedy only to file a complaint
- Relief reinstatement; backwages; damages;
separation pay
*determine MIGRANT workers from LOCALLY
employed workers
17. What is voluntary resignation? Elements?
It is the act of an employee who finds himself in a
situation in which he believes that personal reasons cannot be
sacrificed in favor of the exigency of the service, thus he has
no other choice but to disassociate himself from his
employment.
Elements:
a. must be unconditional;
b. with the intent to operate as such; and
c. there must be an intention to relinquish a portion of
the term of office accompanied by an act of relinquishment.
Note: The employee must serve a written notice on
the employer at least one month in advance. Once accepted,
cannot be withdrawn without the consent of the employer.
18. What is constructive dismissal?
Note: Involuntary resignation is same with
constructive dismissal.
Defined as quitting because continued employment is
rendered impossible, unreasonable or unlikely, as an offer
involving demotion in rank and a diminution in pay.
19. Is an employee entitled to separation pay in voluntary
resignation? Exceptions.
An employee who voluntary resigns from his
employment is not entitled to separation pay, except when it is
stipulated in the employment contract, collective bargaining
agreement, or if sanctioned by established employer practice
or policy. There is no provision in the LC which grants
separation pay to voluntarily resigning employees.
20. What is abandonment of employment? Is Constructive
resignation the same as abandonment of employment?
-Initiative comes from the EMPLOYEE
Abandonment of employment is the deliberate,
unjustified refusal of an employee to resume his work. It is a
voluntary act of the employee AKIN TO VOLUNTARY
RESIGNATION, the only difference is that in abandonment of
employment the employee quits his employment without
notice. When an employee abandons his employment, there is
constructive resignation.
21. Difference between constructive resignation and
absence without official leave.
Note: Most important factor if the intent to return/or
not return
Abandonment of employment should be
distinguished from absence without leave. In abandonment of
employment there is no intention to return to work; whereas in
absence without leave, there is intention to return to work.
22. What is Art. 286? What are the two situations
contemplated in Art. 286?
Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman
ART. 286 When Employment Not Deemed
Terminated The bona fide suspension of the operation of a
business or undertaking for a period not exceeding 6 months,
or the fulfillment by the employee of a military or civic duty
shall not terminate employment.
In all such cases, the employer shall reinstate the
employee to his former position without loss of seniority
rights if he indicates his desire to resume his work not later
than one (1) month from the resumption of operations of his
employer or from his relief from the military or civic duty.
a. floating status
b. military of civic duty
23. State the law on retirement. Distinguish retirement
from resignation and dismissal.
Art. 287 applies to all employees in the private sector,
regardless of their position designation, status, and irrespective
of the method by which their wages are paid, except those
specifically exempted.
- retirement age and length of service
- resignation personal circumstances
- dismissal due to just or authorized causes
24. Schemes of retirement.
a. compulsory and contributory in nature;
b. one set up by an agreement between the employer
and the employees in CBA or other agreement between them
(other applicable employment contract)
c. one that is voluntarily given by the employer,
expressly as in an announced company policy or impliedly as
in failure to contest the employees claim for retirement
benefits.
25. Who are covered by the retirement provisions in the
labor code? Exceptions.
Art. 287 applies to all employees in the private sector,
regardless of their position designation, status, and irrespective
of the method by which their wages are paid, except those
specifically exempted.
Exceptions:
1. Employees of national government, and its
political subdivisions, including GOCCs if they are covered
by Civil Service Laws.
2. Employees or retail, service and agricultural
establishments or operations regularly employing not more
than 10 employees.
26. When can an employee retire or when it is deemed
retired?
Note: should distinguish CBA, contracts, LC
Age 60-less than 65 Optional but the employee
must have served at least 5 years.
Age 65 - Compulsory
27. What is optional retirement?
Retirement prior to reaching the compulsory age as
stipulated in a contract, CBA, or LC at option of the employee
or the employer depending on whether there is an existing
retirement plan or not.
28. What are two kinds of retirement in the labor code?
Note: distinguish the employees as well as on
retirement plan, CBA, contracts
a. Optional
Page !21

b. Compulsory
Note: offenses must have an element similar
29. Who can exercise to retire?
Note: DISTINGUISH
Note: the option to retire is not always based on age,
it may also be based on length of service.
a. If there is no retirement plan or contract
employee only.
b. If there is a retirement plan or contract either the
employee or employer.
30. Criminal actions in labor code prescribes in 3 years
31. ULP cases prescribes in 1 year from accrual of such
unfair labor practice
32. Illegal recruitment for local employment prescribes in
3 years.
33. Illegal recruitment for migrant workers and OFW
prescribes in the following:
a. simple 5 years
b. involving economic sabotage 20 years
34. Money claims prescribe in 3 years from the accrual of
the cause of action
Note: covers all money claims in the labor code
35. Action for reinstatement prescribes in 4 years
CONTINUATION
1. What is the law on security of tenure?
Security of Tenure is the constitutional right granted
the employee that the employer shall not terminate the
services of an employee except for just cause or when
authorized by law. It extends to regular (permanent) as well as
non-regular (temporary) employment.
2. What are the just causes?
a. serious misconduct or willful disobedience of the
lawful orders, in connection with his work
a.1. requisites of serious misconduct/willful
disobedience
b. gross AND habitual neglect of duty
b.1. distinguish neglect (purely objective
fact) from negligence 9subjective state of mind)
b.2. damage is not essential in neglect
c. fraud
-committed against employer
-committed with employees work
d. willful breach of trust
-willful
-related to performance of employee
functions
d.1 person holing a position of TRUST and
CONFIDENCE
-managerial
- holding properties of the company
e. commission of a crime-person only
-employer
-immediate members of family
-authorized representative
f. analogous causes
Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman
to those found in just causes. It must be VOLUNTARY and
WILLFUL ACT
Note: enumerated in the book, other
analogous causes
*definition of union security clause
3. In what instance is an employee entitled to damages
(moral damages)?
Generally when the employee is dismissed (whether
for just cause or not) without following due process.
4. What is the relief in dismissal for just causes?
No relief because it is just cause but he can file a
complaint as remedy
5. Procedural requirements of due process in the
proceedings.
a. For termination based on just causes under Art.
282, procedural due process means compliance with the:
1. A written notice 9first notice) served on
the employee specifying the ground for termination, and
giving to said employee reasonable opportunity to explain his
side.
2. A hearing or conference (or at least an
opportunity to be heard) during which the employee
concerned, with the assistance of counsel if the employee so
desires, is given opportunity to respond to the charge, present
his evidence or rebut the evidence presented against him.
3. A written notice of termination (second
notice) served on the employee indicating that upon due
consideration of all the circumstances, grounds have been
established to justify his termination.
b. For termination based on authorized cause under
Arts 283 and 284, compliance with procedural due process
which means service of a written notice to the employee AND
the appropriate Regional Office of the DLOE at least 30 days
before the effectivity the ground or grounds for termination.
c. For termination based on completion of contract or
phase thereof No prior notice is required.
d. For termination of probationary employment based
on failure to meet the standards of employment-written notice
must be served to the employee concerned within a reasonable
time from the effective date of termination.
6. What is the effect of dismissal if there is no due process?
(without due process)
a. If with just cause, dismissal will be upheld but
employer will be liable for damages.
b. If without just cause, dismissal is deemed illegal.
7. Aside from the just causes in the code, are there other
valid causes of dismissal? (6)
a. Violation of company rules and regulations;
b. Breach of union security arrangements;
c. Participation in an illegal strike;
d. Commission of illegal acts during a strike;
e. Defiance of return-to-work order in a strike; and
f. Sexual harassment.
8. What is sexual harassment? Elements.
Sexual harassment is committed by an employer ,
employee, manager, supervisor, or agent of the employer who,
Page !22
having authority, influence or moral ascendancy over another,
demands, requests or otherwise requires any sexual favor from
another, regardless of whether the demand, request or
requirement is accepted.
In a work-related or employment environment, sexual
harassment is committed:
a. When sexual favor is made as a condition for
hiring, re-employment, or continued employment of an
employee; or
b. When sexual favor is made as a condition for
granting favorable terms, conditions, promotions,
compensation, or privileges;
c. When refusal to grant the sexual favor results in
limiting, segregating, or classifying the employee which in any
way would discriminate, deprive, or diminish employment
opportunities or otherwise adversely affect said employee;
d. When sexual advances impair the employees
rights or privileges under existing labor laws; or
e. When the sexual advances result in an intimidating,
hostile, or offensive environment for the employee.
9. What are authorized causes for dismissal?
Note: economic justifications
a. Installation of labor saving devices;
b. Redundancy;
c. Retrenchment to prevent losses; and
d. Closing or cessation of operation of the
establishment.
10. Termination on the ground of disease, requisites.
a. That the continued employment of the sick
employee is prohibited by law or is prejudicial to his health or
to the health of his co-employees; and
b. That there is a certification from a competent
public health authority that the disease is of such nature or at
such a stage that it cannot be cured within a period of six (6)
months even with proper medical treatment.
11. Installation of labor-saving devices 1 month for every
2. Cases decided by the Labor Arbiter.
year of service
Redundancy in excess of economic resource needed
1 month for every year of service
Retrenchment reduction of personnel due to actual
losses or to prevent loss month for every year of service
Closure or cessation of business month for every
year of service
-Art. 283 permanent
-Art. 286 temporary
-not due to serious business losses with
separation pay
-due to serious business losses no
separation pay
Note: requirements/procedure/notice in closure of
business
III. PROCEDURE (Arts. 212-226)
1. Who is an employer?
It includes any person acting in the interest of an
employer, directly or indirectly.
Labor Organization as an employer, acting as an agent
of the employer.
Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman
Unregistered Association as an employer. The law
does not require an employer to be registered before
he may come within the purview of the Labor Code.
2. Who is an employee?
It includes not only those who are usually and
ordinarily considered employees, but also those who have
ceased as employees as a consequence of (a) labor dispute or
(b) unfair labor practice, if he has not obtained any other
substantially equivalent and regular employment.
Note: Substantially equivalent and regular employment must
be determined on the nature of the job itself and the career that
it can offer the employee.
3. Creation and Composition of NLRC
Solely for program and policy coordination only.
Composed of a Chairman and 23 Members. (23+1)
24-man tripartite body composed of representatives
from the public sector, workers sector and employers
sector.
8 Divisions, 3 members in each division each having
executive clerks and commission attorneys.
Territorial divisions of NLRC are designed merely for
administrative efficiency.
The Chairman may designate additional
Commissioners from other divisions as may be
necessary to constitute a quorum.
4. Jurisdiction of NLRC
(a) Original Jurisdiction
1. Cases certified to it by the Secretary of Labor and
Employment pursuant to Article 263.
2. Injunction cases under Articles 218 (e) and 264.
(b) Appellate Jurisdiction
1. Cases decided by the Regional Director under
Article 129.
5. Jurisdiction of Labor Arbiter
(a) Original and Exclusive Jurisdiction
1. Unfair labor practice.
2. Termination disputes.
3. Claims for wages, rates of pay, hours of work and
other terms and conditions of employment, if accompanied by
a claim for reinstatement.
4. Claims for actual, moral, exemplary and other
forms of damages arising from employer-employee relations.
5. Cases arising from any violation of Article 264,
including questions involving the legality of strikes and
lockouts.
6. Claims of employees or domestic helpers involving
an amount exceeding P5,000 regardless of whether
accompanied by a claim for reinstatement.
7. Money claims arising out of employer-employee
relationship or by virtue of any law or contract involving
Filipino workers for overseas deployment, including actual,
moral, exemplary and other forms of damages.
8. Wage distortion disputes in unorganized
establishments.
9. Enforcement or annulment of compromise
agreements.
Page !23
 10. All other claims arising from employer-employee
relations, except claims for EC, SSS, medicare and maternity
benefits.
Note: (a) Voluntary Arbitrators are vested with authority to
hear and decide ULP and all other labor disputes, upon
agreement of the parties. (Art. 262)
(b) Secretary of Labor and Employment is
authorized to assume jurisdiction over a labor dispute causing
or likely to cause a strike or lockout in an industry
indispensable to national interest. (Art. 263 [g])
6. What is a termination dispute?
It is a controversy over the validity of severance of
employment.
7. Who has jurisdiction over termination disputes?
It depends.
General Rule: Labor Arbiter
Exceptions:
(a) Disputes involving termination of corporate
officers. (RTC)
(b) Disputes arising from interpretation or
implementation of CBA. (Voluntary Arbitrator through
grievance machinery)
However, since the jurisdictional grant over (a) raises
(c) Disputes arising from interpretation or
enforcement of company personnel policies. (same of [b])
Note: (1) Under (b) if accompanied with actual termination
of employee, Labor Arbiter has jurisdiction.
(2) Under (c) if company personnel policies are
punitive in character, Labor Arbiter has jurisdiction.
8. Who has jurisdiction over money claims of employees?
It depends.
If accompanied with reinstatement, Labor Arbiter has
jurisdiction regardless of the amount involved.
If without reinstatement:
a. claim exceeds P5,000 LA
b. claim does not exceed P5,000 Regional Director
of DOLE
9. Who has jurisdiction for money claims of Migrant
Workers?
Under Sec. 10, RA 8042 - Migrant Workers Act of
1995, Labor Arbiter has jurisdiction.
10. Rules on filing money claims against an employer.
(a) if money claims falls within Labor Code, CBA or
any other labor laws and statutes LA
(b) if money claims falls within Civil Code regular
courts
11. Who has jurisdiction over money claims of corporate
(e) Ocular Inspection
officers?
The RTC has jurisdiction (before it was SEC),
provided it is a corporate controversy within the contemplation
of the Corporation Code.
To determine if its a corporate controversy,
concurrent factors should be considered such as the status or
relationship of the parties or the nature of the question that is
the subject of the controversy. (Mainland Construction vs.
Movilla)
terms and conditions of employment, regardless of whether
Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman
12. Jurisdiction for claim of damages
To be cognizable by the Labor Arbiter, it must have a
reasonable causal connection with any of the claims
provided for in Art. 217.
(a) arising from negligence of a co-worker regular
courts (falls under quasi-delicts)
(b) breach of contract of employment regular courts
- In the case of Singapore Airlines vs. Pano, breached
of training programs at the expense of airline is for
liquidated damages for breach of contractual obligations
hence within the purview of Civil Code.
courts
(c) arising from malicious prosecution - regular
(d) arising from slanderous remarks of a corporate
officer regular courts
13. Jurisdiction for cases arising from violation of Art.
264
The Labor Arbiter has original and exclusive
jurisdiction. The jurisdictional grant has two aspects:
(a) cases arising for violation of Art. 264
(b) over questions involving legality of strikes and
lockouts
certain debatable issue on the call for injunctive relief,
Art. 218 (e) provides that the power to issue
injunction falls within the jurisdiction of NLRC not
with the Labor Arbiters.
14. Jurisdiction for all other claims arising from
employer-employee relations
The reasonable causal connection doctrine must be
employed. There must be connection between the
claim asserted and the employer-employee relations.
Labor Arbiters has original and exclusive jurisdiction.
However, under Art. 128 in the exercise of visitorial
and enforcement powers of the Secretary of Labor,
only the latter can exercise jurisdiction over cases
therein, regardless of the amount involved.
15. Jurisdiction for Wage Distortion disputes
It depends whether the company is organized or
unorganized.
(a) organized or with CBA Voluntary Arbitrator
(b) unorganized or without CBA Labor Arbiter
16. What are the powers of NLRC?
(a) Rule-making power
(b) Investigative power
(c) Contempt Power
(d) Injunctive power
For the injunctive power, it is conditioned upon the
existence of labor dispute. Without a labor dispute,
the authority to issue injunction belongs to the regular
courts.
17. What is a labor dispute?
Any controversy concerning terms and conditions of
employment or the association or representation of persons in
negotiating, fixing, maintaining, charging or arranging the
Page !24
the disputants stand in the proximate relation of employer and
employee.
18. What are the procedural requisites of Labor
Injunction?
(a) Verified petition alleging the acts, which if not
restrained or performed forthwith, may cause grave or
irreparable damage.
(b) Personal notice served to all known persons
against whom relief is sought.
(c) Hearing.
19. What are the substantive requisites of Labor
Injunction?
(a) Prohibited or unlawful acts have been threatened
and will be committed and will be continued unless restrained.
(b) Substantial and irreparable injury to
complainants property will follow.
(c) Greater injury will be inflicted upon complainant
by a denial of relief than will be inflicted upon defendant by
granting the relief.
(d) No adequate remedy at law.
(e) The public officers charged with the duty to
protect complainants property are unable or unwilling to
furnish adequate protection.
Injury is considered irreparable if it is of such constant
and frequent recurrence that no fair and reasonable
redress can be had therefor in a court of law.
Remedy is considered adequate if it affords relief with
reference to the matter in controversy and which is
appropriate to the particular circumstances of the case.
Temporary restraining order is not synonymous with
labor injunction.
Labor injunction requisites for procedural and
substantive aspects must be strictly complied with
since it is disfavoured by law.
Labor injunction cannot be issued ex parte unlike in
TRO with the proviso of compliance of the conditions
set forth by law.
TRO has a non-extendible lifetime of 20 days.
Labor injunction from NLRC is NOT the proper
remedy against employee dismissal. (PAL vs. NLRC)
20. Can a strike be enjoined by NLRC?
General rule: No, even if it is illegal.
Exceptions:
(a) if declared against an industry indispensable to
national interest Secretary of Labor may assume jurisdiction
or certify the dispute for compulsory arbitration (NLRC).
(b) if staged by employees who are not accorded with
the right to strike.
(c) if declared under intra or inter-union disputes.
21. Can a disciplinary proceeding be enjoined by NLRC?
No, the investigation and imposition of disciplinary
action against erring employees is a function that solely and
exclusively belongs to an employer.
22. Rules for Compromise Agreement
(d) proof of service to the adverse party
It is conclusive, valid and binding between the parties
eventhough it is not yet approved by Labor Arbiter.
It includes even when there is already a final
judgment. (Olaybar vs. NLRC)
Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman
In case of violation of a compromise agreement, the
remedies are: (a) enforcement or (b) rescission.
In case of violation of compromise judgment, the
remedies are (a) motion for execution, in case of non-
compliance; (b) action to annul or (c) petition for
relief of judgment under Rule 38 of the ROC.
The reduction of attorneys fees in the compromise
agreement does not bar to its approval. (Jesalva vs.
Bautista)
23. What are the requirements for a valid quitclaim?
(a) Voluntarily arrived by parties.
(b) With the assistance of BLR or any representative
of DOLE.
(c) Consideration must be reasonable, without fraud
or deceit and not contrary to public policy, morals or good
customs.
24. Can non-lawyers appear before NLRC? Are they
entitled to attorneys fees?
Non-lawyers may appear before NLRC or any Labor
Arbiter only if:
(a) he represents himself as party to the case
(b) he represents a legitimate labor organization
which is a party to the case
(c) he represents a member of a legitimate labor
organization
(d) he is a duly-accredited member of any legal aid
office duly recognized by DOJ or IBP
(e) he is the owner or president of a corporation
which is a party to the case
Non-lawyers are not entitled to attorneys fees
because entitlement to attorneys fees presupposes the
existence of attorney-client relationship.
25. What is the remedy from adverse decision of Labor
Arbiter? What are the periods?
The proper remedy from adverse decision of the
Labor Arbiter is not a motion for reconsideration but appeal.
(a) appeal from decisions or orders of Regional
Director under Art. 129 5 calendar days from receipt
(b) appeal from decisions or orders of the Labor
Arbiter 10 calendar days from receipt
26. What are the grounds for appeal?
(a) prima facie evidence of abuse of discretion on the
part of the Labor Arbiter or Regional Director
(b) decision, order or award was secured through
fraud or coercion, including graft and corruption
(c) made purely on questions of law
(d) serious errors in the findings of fact are raised
which if not corrected would cause grave or irreparable
damage or injury to the appellant
27. What are the requisites for perfection of appeal?
(a) memorandum of appeal
(b) appeal fee
(c) appeal bond
Mere notice of appeal without complying with the
other requisites for perfection of appeal shall not stop
the running of the period for perfecting an appeal.
Page !25
 Memorandum of appeal should mandatorily contain
a certificate of non-forum shopping.
Appeal bond is not required if: (1) there is no
monetary award; (2) it is the employee who appeals a
judgment; (3) appeal questions only the award of
damages or attys fees; and (4) decision appealed from
does not state the amount of the monetary award.
Posting of bond does not stay the reinstatement order
of LA.


28. What is the effect of reversal of reinstatement order on
appeal?
(a) if the reinstatement order was carried out the
employer can put an end to such reinstatement once the
judgment of NLRC becomes final and executory.
(b) if the reinstatement order was not carried out
(1) non-reinstatement was brought about by the
unjustified refusal on the part of employer, latter bound to
pay the salaries of employee from notice of LAs decision until
its ultimate reversal by NLRC.
(2) non-reinstatement was brought about by the
unjustified refusal of the employee to report for work,
employer is not duty-bound to pay any salary.
(3) employee did not vigorously pursue his
reinstatement, employer not obliged to pay any salary because
employee deemed to have forfeited his right to reinstatement
through waiver or laches.
(4) employer was not able to reinstate employee
during pendency of appeal for reasons not attributable to his
fault, employer cannot be obliged to pay any salary because
reinstatement has become an impossibility.


29. What is the principal task of Bureau of Labor
Relations?
Aside from its policy-making functions, its principal
task is now limited to handling inter-union and intra-union
conflicts, registration and cancellation of registration of labor
organizations, particularly those involving federation, national
unions or industry unions.
Intra-union dispute is a controversy between and
among union members.
Inter-union dispute is a controversy between and
among legitimate labor unions.

Labor Review on Labor Relations Q&A (Prof.Ungos) Balamban, Paruginog, Saidamen-Basman Page !26