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The NLRC is not correct. It is well settled doctrine that if No. VII. a. May the NLRC or the courts take
doubts exist between the evidence presented by the jurisdictional cognizance over compromise
employer and the employee, the scale of justice must be agreements/settlements involving labor matters?
tilted in favor of the latter. It is a time honored rule that in (5%)
controversies between labor and the employee, doubts
SUGGESTED ANSWER:
necessarily arising from the evidence, or in the
No, any compromise agreement, including those assignment because no client would accept him. He
involving labor standards laws, voluntary agreed upon by had a face only a mother could love. After six (6)
the parties with the assistance of the Bureau or the months of being on "floating" status, Alexander sued
regional office of the Department of labor, shall be final JSA for constructive dismissal. The Labor Arbiter
and biding upon the parties. The national Labor Relations upheld Alexander’s claim of constructive dismissal
Commission or any court shall not assume jurisdiction and ordered JSA to immediately reinstate Alexander.
over issues involved therein except in case of non- JSA appealed the decision to the NLRC. Alexander
compliance thereof or if there is prima facie evidence that sought immediate enforcement of the reinstatement
the settlement was obtained through fraud, order while the appeal was pending.
misrepresentation, or coercion (Art. 227, Labor Code).
JSA hires you as lawyer, and seeks your advice on
Labor Arbiter; Appeals (2007) the following:
Procedurally, how do you stay a decision, award or Because JSA has no client who would accept
order of the Labor Arbiter? Discuss fully. (5%) Alexander, can it still be compelled to reinstate him
pending appeal even if it has posted an appeal bond?
SUGGESTED ANSWER: (2%)
(1) if they represent themselves, (2) if they represent their No, to be certified as bargaining agent, the vote required
legitimate labor organization or members thereof, is majority of the valid votes cast. There were 398 valid
votes cast, the majority of which is 199. Since Union B got
(3) if they are duly accredited members of the legal aid
only 71 votes, it cannot be certified as the sole and
office recognized by the DOJ or IBP (Art. 222, Labor
exclusive bargaining agent of MNO‘s rank-and file
Code).
workers.
None—lawyers cannot charge attorney‘s fees because
If you were the duly designated election officer in this
the latter presuppose the existence of attorney-client
case, what would you do to effectively achieve the
relationship which exists only if the representative is a
purpose of certification election proceedings?
lawyer (PAFLU v. BISCOM, 42 SCRA 302 [1997]).
Discuss. (3%)
CBA; Certification Election (2009)
SUGGESTED ANSWER:
No. XV. b. Among the 400 regular rankand-file
I will conduct a run-off election between the labor union
workers of MNO Company, a certification election
receiving the two highest number of votes. To have a
was ordered conducted by the Med-Arbiter of the
runoff election, all the contending unions (3 or more
Region. The contending parties obtained the
choices required) must have garnered 50% of the number
following votes:
of votes cast. In the present case, there are four (4)
(1) Union A - 70 contending unions and they garnered 216 votes. There
were 400 vote cast. The votes garnered by the contending
(2) Union B - 71 unions is even more than 50% of the number of vote cast.
Hence, a run-off election is in order.
(3)Union C – 42
CBA; Deadlock Bar Rule (2009)
(4). Union D - 33
No. XVI. b. The Company and Triple-X Union, the
(5). No union - 180 certified bargaining agent of rank-and-file employees,
entered into a Collective Bargaining Agreement
(6). Spoiled votes - 4
(CBA) effective for the period January 1, 2002 to
There were no objections or challenges raised by any December 31, 2007.
party on the results of the election.
For the 4th and 5th years of the CBA, the significant
May the management or lawyer of MNO Company improvements in wages and other benefits obtained
legally ask for the absolute termination of the by the Union were:
certification election proceedings because 180 of the
(1) Salary increases of P1,000 and P1,200 monthly,
workers --- a clear plurality of the voters --- have
effective January 1, 2006 and January 1, 2007,
chosen not to be represented by any union?
respectively;
Reasons. (3%)
(2) Vacation Leave and Sick Leave were adjusted from
SUGGESTED ANSWER:
12 days to 15 days annually for each employee;
No, because 216 workers want to be represented by a
(3) Medical subsidy of P3,000 per year for the
union as bargaining agent. Only 180 workers opted for No
purchase of medicines and hospitalization
Union. Hence, a clear majority is in favor of being
assistance of P10,000 per year for actual hospital
represented by a union.
confinement;
(4) Rice Subsidy of P600 per month, provided the No. VII. b. The modes of determining an exclusive
employee has worked for at least 20 days within the bargaining agreement are:
particular month; and
Explain briefly how they differ from one another. (5%)
(5) Birthday Leave with Pay and Birthday Gift of
P1,500. (1) voluntary recognition
As early as October 2007, the Company and the Union SUGGESTED ANSWER:
started negotiations to renew the CBA. Despite
―Voluntary Recognition‖ refers to the process by which
mutual good faith and earnest efforts, they could not
a legitimate labor union is recognized by the employer as
agree. However, no union filed a petition for
the exclusive bargaining representative or agent in a
certification election during the freedom period. On
bargaining unit. Sec. 1, (bbb), Rule 1, Book V (Omnibus
March 30, 2008, no CBA had been concluded.
Rules Implementing the Labor Code).
Management learned that the Union would declare a
bargaining deadlock on the next scheduled ALTERNATIVE ANSWER:
bargaining meeting.
(1) Voluntary Recognition is possible only in unorganized
As expected, on April 3, 2008, the Union declared a establishments where there is only one legitimate labor
deadlock. In the afternoon of the same day, organization and the employer voluntarily recognize the
management issued a formal announcement in representation of such a union; whereas,
writing, posted on the bulletin board, that due to the
CBA expiration on December 31, 2007, all fringe (2) Certification election is a process of determining the
benefits contained therein are considered withdrawn sole and exclusive bargaining agent of the employee in
and can no longer be implemented, effective an appropriate bargaining unit for purposes of collective
immediately. bargaining, which process may involve one, two or more
legitimate labor organizations. On the other hand, (3)
After April 3, 2008, will a petition for certification consent election is an agreed one, the purpose being
election filed by another legitimate labor union merely to determine the issue of majority representation
representing the rank-and-file employees legally of all the workers in the appropriate bargaining unit.
prosper? Reasons. (3%)
(2) certification election
SUGGESTED ANSWER:
SUGGESTED ANSWER:
Yes, because the deadlock declared by the Union had not
been submitted to conciliation or arbitration or had ―Certification Election‖ refers to the process of
become the subject of a valid notice of strike or lockout. determining through secret ballot the sole and exclusive
Any of these measures is required to institute the so- representative of the employees in an appropriate
called ―deadlock bar rule.‖ bargaining unit for purposes of collective bargaining or
negotiation. A certification election is ordered by the
CBA; Substitutionary Doctrine (2009) Department (Sec. 1(h), Rule 1, Book V, Omnibus Rules
Implementing the Labor Code).
No. I. d. In the law on labor relations, the
substitutionary doctrine prohibits a new collective (3) consent election
bargaining agent from repudiating an existing
collective bargaining agreement. (5%) SUGGESTED ANSWER:
SUGGESTED ANSWER: