1. Termination dispute arising from interpretation and implementation of CBA.

2. Supposing you are a Labor Arbiter, a case was filed for the recovery of benefits to be enjoyed by
the employees arising from CBA, how will you resolve the case?
 Dismiss it by referring it to the NCMB, so that the parties can go to the grievance machinery.
When you have no jurisdiction, the only authority is to dismiss the case by referring it to the
NCMB.

3. Do LA has exercise jurisdiction over CBA?

4. When do you say that the violation is gross?

 When the provision violated is economic provision.

5. Who has the jurisdiction over termination of OFW? Can OFW’s ask for reinstatement?
 No. because they are fixed term employees. The term of employment is governed by the
duration of the period of employment.

6. Suppose NMB fails to resolve the case, who has jurisdiction now?
 Voluntary Arbitrator, because cannot bring back to LA’s jurisdiction as it is exclusive and
original jurisdiction conferred by law.

7. Union and employer agreed that termination dispute falls under LA’s jurisdiction. Is that
allowed?
 Yes.

8. Can the parties agree that termination of dispute fall under voluntary arbitrator?

9. When can the project employee file his case in case of illegal termination?
 A project employee for the time being during its employment is an employee of the
employer. Therefore, there exist EER relationship.

10. What is causal connection rule?

11. Note: “not all claims from EER relationship falls within the LA’s jurisdiction. Even if there is EER
relationship”.

12. Example: employee in a company nag utang car loan wala nagbayad, company wants to sue him
for payment of the car loan. Where should the company may claim the case?
 Regular courts, because the claims are not related to employment and relief sought is not
provided for the labor laws. As to the payment of loan has nothing to do with the EE
relationship. Under the causal connection rule, to determine that the claims fall under the
jurisdiction of LA, it must be established first the relief sought as provided by the labor laws.

13. Example. Maria is an employee in a pawnshop, cashier. While attending to the customer the
owner arrived and got mad at Maria slap in front of the customer and at the same time
automatically dismissed Maria. Maria consulted you as a counsel for she being slap and
terminated?

14. Rule on strike ban?

15. After strike ban?

 Must comply first the other modes of dispute resolution as provided by the CBA.

16. In the case of illegal strike, what are the options available to the employer?

17. In the case of “abangers” or the minority union. If the strike is illegal, is the employer given the
prerogative to terminate workers? What about the mere member?

18. There is basically distinction between union member and ordinary workers.

19. Who declares the legality of strike?

 LA as a general rule.

20. What about strikes affecting national interest?

  Secretary of DOLE.

21. Example: assuming that X is a member of a union who staged an illegal strike and was dismissed.
Supposing he file a case for illegal dismissal and backwages to LA. What legal steps in resolving
the case?
 As a LA determine first if X is an officer or ordinary member of a union. Because if he is an
officer he cannot be entitled with reinstatement. But if he is an ordinary member and then
there is showing of illegal acts there is a claim for reinstatement but as to backwages he is
not entitle because of the principle “no work no pay”. No backwages during strikes.

22. No strike no lockout clause?

Lockout?

23. What is an economic strike?

24. Supposing the union staged a strike for ULP despite on the provision no strike no lockout clause,
is the strike illegal?
 Because of the subcontracting parties committed by the companies. Subcontracting alone
does not constitute ULP unless such subcontracting has the effect of coercing workers the
right to self-organization (threat).
Because in a subcontract will resort to redundancy or authorized cause. (sobra workers
kailangan mag bawas).