UP Portia Bar Mental Jugger
Labor Relations
Based on the outline of Professor D.P. Disini, Jr.
Part one: Introduction
Labor Relations Policy – A211
A.
a. primacy of collective bargaining and negotiations, including
voluntary arbitration, mediation and conciliation, as modes
of settling labor or industrial disputes
b. Free Trade unionism: instrument for enhancement of
democracy and promotion of social justice and development
c. Free and Voluntary Organization of a Strong and United
Labor Movement
d. Enlightenment of workers concerning their rights and
obligations as union members and as EEs
e. adequate administrative machinery for expeditious
settlement of labor or industrial disputes
f. stable but dynamic and just industrial peace
g. participation of workers in decision and policy-making
processes affecting their rights, duties and welfare
B.
GR: no court or administrative agency shall have the power to
set or fix wages, rates of pay, hours of work or other terms
and conditions of employment
X: otherwise provided by LC[compulsory arbitration, minimum
wage fixing, wage distortion dispute]
So areas of concern, summary:
[211ALC, AXIII, Sec3*]
1) Method of Dispute Settlement
2) Trade Unionism
3) Worker Enlightenment
4) Dispute Settlement
5) Industrial Peace
6) Worker Participation in Decision Making
7) Wage Fixing
8) Tripartism
Definitions
*take note of “means” and “includes”
212e: ER
-includes:
…any person acting in the interest of an employer
…directly or indirectly
-shall not include: any labor organization or any of its officers
or agents except when acting as ER
212f: EE
-includes:
…any person in the employ of an employer
…not limited to EEs of a particular ER, unless LC explicitly
states so
…any individual whose work has ceased as a result of or in
connection with
>any current labor dispute
>any unfair labor practice
+ has not obtained any other substantially equivalent and
regular employment
212g: Labor organization
-means any union or association of employees
-exists in whole or in part for the purpose of
>collective bargaining
>dealing with ERs concerning terms and conditions of
employment
*not limited to 1 ER: emphasis on purpose for which the union
is established, not membership Airline Pilots Association of
the Philippines v. CIR, 76 SCRA 274 (1977)
212h: Legitimate Labor Organization
-means any labor organization
-duly registered with DOLE
-includes any branch or local thereof (the branch should also
be a legitimate labor organization Lopez Sugar Corp v. SOLE,
247 SCRA 1 (1995)
212l: Labor dispute
-includes any controversy or matter
-concerning
>terms and conditions of employment
>the association or representation of persons in
…negotiating
…fixing
…maintaining
…changing
…or arranging the terms and conditions of employment
-regardless of whether the disputants stand in the proximate
relation of employer and employee
Part two: Right to Self-organization
basis of right
1. Constitution (Art XIII, Sec.3)
2. Statutory: LC
3. Universal declaration of HR
4. ILO convention No. 48
SCOPE
A243:All persons employed
-in commercial, industrial and agricultural enterprises
-in religious, charitable, medical or educational institutions
-whether operating for profit or not
…shall have the right
A. to self-organization
B. to form, join, or assist labor organizations of their
own choosing
-for purposes of collective bargaining
*those who may form labor organization for their mutual aiid
and protection:
-ambulant
-intermittent
-itinerant workers
-self-employed people
-rural workers
-those without any definite employers
EXTENT of RIGHT
-includes right to refuse/refrain from exercising right to self-
organization Reyes v. Trajano, 209 SCRA 484 (1992)
-includes right to raise issues to the ERs in behalf of the EEs
Union of Supervisors v. SOLE, 109 SCRA 139 (1981)
-includes right to disaffiliate Central Negros v. SOLE, 201
SCRA 584 (1991)
*Members of Religious Group
-they cannot be compelled to join unions Victoriano v. Elizalde
Workers Union, 59 SCRA 54 (1974)
-they can form their own union in accordance with the right to
self-organization Kapatiran sa Meat and Canning Division v.
Calleja, 162 SCRA 367 (1988)
A244: Government Employees
*established under Corporation Code: right to organize and to
bargain collectively with their respective employers
*all other employees in the civil service: right to form
associations for purposes not contrary to law
A245: Managerial Employees
~Managerial employees: NOT ELIGIBLE to join, assist or
form any labor organization
~~Supervisory employees: NOT ELIGIBLE for membership
in a labor organization of rank and file employees; BUT MAY
join, assist, or form separate labor organization of their own
…rank and fie union and the supervisor’s union operating
within the same establishment may join the same federatin or
national union (as amended)
~one who is vested with the powers or prerogatives
a. to lay down and execute management policies
b. to hire, transfer, suspend, lay-off, recall, discharge, assign or
discipline EEs
UP Portia Bar Mental Jugger
Labor Relations
Based on the outline of Professor D.P. Disini, Jr.
~~effectively recommend such managerial actions if the exercise of
such authority is not merely routinary or clerical in nature but requires
the use of independent judgment
A269: Aliens
Can only exercise right to self-organization and join or
assist labor organizations iff:
a. alien holds work permit
b. alien is a national of a country which grants the same
or similar rights to Filipino workers
*NOW: Security guards can exercise right to self-organization.
Prohibition removed by EO 111
Workers with NO RIGHT TO SELF-ORGANIZATION
1. Managerial and Confidential Employees
Confidential EEs
-by necessary implication, ONLY has right to organize for
mutual aid and protection
-Jurisprudential rules:
[1] Deemed confidential EE IF he *acts in a confidential
capacity, *assists another individual who formulates,
determines, effectuates mgt policies in the field of labor
relations, and *has access to information re labor mgt.
relations as *an integral part of his job (nature of access +
nature of info).
[2] If the info relates to non-labor mgt relations, no right to
SO.
2. Cooperative members
a. if individual also an EE and member of cooperative: Can’t
exercise right Rural Bank of Davao Case
b. if only EE, not a member of cooperative, can exercise right
to self-organize
*the fact of ownership of the cooperatives (members of
cooperatives are co-owners of the cooperative) is the basis of
prohibition as the owner cannot bargain with himself Benguet
Electric Cooperative v. Calleja, 180 SCRA 740 (1989)
*What about stockholders: Corporation vs. Cooperative
(Rural Bank of Davao Case): different from cooperative so
different rules apply
Cooperative Corporation
purpos service profit
e constitution and by-laws of the federation/national union,
owners 1 share Many shares
hip
3. Non-employees
4. *EEs outside the bargaining unit: A245-A
- EEs outside the bargaining unit who became union members
shall be automatically deemed removed from the list of
membership of said union – should join union in their own
bargaining unit? (NOTE: this provision is new. And weird. What
about national and federal unions?)
Part three: Labor Organization
212g: Labor organization
-means any union or association of employees
-exists in whole or in part for the purpose of
>collective bargaining
>dealing with ERs concerning terms and conditions of
employment
*not limited to 1 ER: emphasis on purpose for which the
union is established, not membership Airline Pilots Association
of the Philippines v. CIR, 76 SCRA 274 (1977)
Legitimate Labor Organization
-duly registered with DOLE
-includes any branch or local thereof (the branch should also
be a legitimate labor organization Lopez Sugar Corp v. SOLE,
247 SCRA 1 (1995)
Labor union and Government Regulation
A234 Requirements for registration in general
-a federation
…national union
…industry or trade union center
…an independent union
-shall acquire legal personality and shall be entitled to the
rights and privileges granted by law to legitimate labor
organizations
-WHEN: upon issuance of the certificate of registration
-required to be submitted:
(a) P50.00 registration fee
(b)names of its officers
…their addresses
…the principal address of the labor organization
…the minutes of the organizational meetings
…the list of the workers who participated in such meetings
(c) if applicant: independent union: names of ALL its members
comprising at least 20% OF ALL THE EMPLOYEES IN THE
BARGAINING UNIT where it seeks to operate
(d) if applicant union in existence for 1+ years: copies of
annual financial reports
(e)4 copies of the constitution and by-laws of the applicant
union
…minutes of its adoption or ratification
…list of the members who participated in it
~certified under oath by sec/treasurer; attested to by
president (A235)
A234-A Chartering and Creation of a Local Chapter
-duly registered federation/national union may directly create
a local chapter by issuing a charter certificate indicating the
establishment of the local chapter
*rights of Local chapter
-legal personality for purposes of filing a petition for
Certification Election (CE): from the date it was issued a
charter certificate
-all other rights and privileges of a legitimate labor
organization: upon submission of the following documents:
(a) names of the chapter’s officers
…their addresses
…the principal office of the chapter
(b) chapter’s constitution and by-laws; if the same as the
indicate fact accordingly
~certified under oath by sec/treasurer; attested to by
president (A235)
A237. Additional requirements for
Federations/National Unions (aside from those in 234)
(a) proof of the affiliation of at least 10 locals/chapters,
each of which must be duly recognized collective bargaining
agent in the establishment or industry in which it operates,
supporting the registration of such applicant
federation/national union
(b)names and addresses of the companies where the locals or
chapters operate
…and the list of all the members in each company involved
Additional Jurisprudence Rules:
*Book of accounts not required to be submitted anymore
since protection of labor can be achieved through the
reportorial requirements in LC Pagpalain Haulers v. Trajano,
310 SCRA 354 (1999)
*By-laws of the union not needed to be submitted if it is part
of the union’s constitution SMC v. Mandaue, 467 SCRA 107
(2005)
*Registration is merely a condition sine quo non for
1. the acquisition of legal personality
2. possession of rights and privileges not guaranteed by the
constitution or by statutory creations PAFLU v. SOLE, 27 SCRA
40 (1969)
UP Portia Bar Mental Jugger
Labor Relations
Based on the outline of Professor D.P. Disini, Jr.
-rooted on self-preservation Villar v. Inciong, 121 SCRA 444
Action or Denial of Application and Remedy (1983)
A235: Bureau shall act on application for registration within D. Due Process Rules
30 days from filing - a member of a labor union may be expelled only for valid
-All requisite documents and papers shall be certified under causes and by following the procedure outlined in the LO’s
oath by the secretary or the treasurer and attested by the constitution and by laws Bugnay v. Kapisanan ng mga
president. Manggagawa sa MRR, 4 SCRA
E. Election Officers
A236: appeal denial within 10 days from receipt of A241(c)
notice -by secret ballot
-at intervals of 5 years
Rights of legitimate labor organization -no qualification requirements for candidacy to any position
A242 other than good standing in the subject LO
(a) act as representative of its members for CB -SOLE provided with a list of newly-elected officers within 30
calendar days after the election of officers or from the
(b) certified as exclusive representative of ALL EEs in an
occurrence of any change in the list of officers
appropriate bargaining unit (ABU) for purposes of CB
Jurisprudential Rules:
(c) to be furnished by ER upon written request with
-only members of the LO are qualified to vote, except as
annual audited financial statements (after being
otherwise provided by Consti and by-laws UST Faculty Union
certified as duly recognized bargaining
v. Bitonio, 318 SCRA 185 (1999)
representative or w/n 60 calendar days before
-previous misconduct of candidates is not a ground for
expiration of CBA or during CB negotiations
disqualification of as an officer Manalad v. Trajano, 174 SCRA
(d) own property for labor org and members
322 (1989)
(e) sue and be sued
F. Major Policy Matter
(f) undertake all other activities designed to benefit the
A241d
org and its mems
-by secret ballot
-after due deliberation
Effect of nonregistration: Cannot avail of A242 rights
-any question of major policy affecting the entire
membership of the organization
Cancellation of Union Certificate Registration
-unless the nature of the organization or force majeure
A238: may be cancelled by the Bureau,
renders such secret ballot impractical: board of directors
-after due hearing
may make the decision in behalf of the general membership
-only on A239 grounds
G. Union Funds, Source of payment
A238-A: Effect of a Petition for Canellation of
A241
Registration
b: members entitled to full and detailed reports of all
-shall not suspend the proceedings for Certification Election
financial transactions
-shall not prevent the filing of a petition for CE
g. no collection of any fees, dues or other contributions or
A239: Grounds for cancellation of Union Registration
make any disbursements unless duly authorized
(NOW ONLY 3):
h. payment of fees, dues or other contributions evidenced
(a) misrepresentation, false statement or fraud (MFF) in by receipt
connection with the adoption or ratification of the i. disbursement of funds:
constitution and by-laws or amendments thereto, the …purpose or object expressly provided by consti and by-
minutes of ratification and the list of members who laws
took part in the ratification …expressly authorized by written resolution adopted by
(b) MFF in connection with elections of officers, minutes the majority of the members at a general meeting duly
called for the purpose
of the election of officers, and the list of voters
j. record of financial records
(c) Voluntary dissolution by the members
l. treasurer of any labor organization and every officer
A239-A: Voluntary Cancellation
responsible for the account of such organization …shall
-cancelled by LO itself
render to the organization and to its members a true and
-at least 2/3 of its general membership votes
correct account of all moneys received
…in a meeting duly called for that purpose to dissolve the
m. book of accounts and other records of the financial
organization
activities open to inspection
-application to cancel submitted by the board of the LO,
n. LEVY: no special assessment or other extraordinary fees
attested by president
may be levied upon the members of a LO unless
…authorized by a written resolution of a majority of all
Union-member relations
the members in a general membership meeting duly
Nature of relationship: fiduciary in nature, arises out of
called for the purpose
(1) degree of dependence of the individual EE on the
…secretary of the LO record the minutes of the meeting
unin
…president attest the record
(2) comprehensive power vested in the union with
o. CHECK-OFF: other than for mandatory activities under LC:
respect to the individual
no special assessment, attorney’s fees, negotiation fees
*Union is the agent of its members Heirs of Cruz v. CIR, 30
or any other extraordinary fees may be checked-off from
SCRA 917 (1969)
any amount due to an EE
*requirements for it to be allowed
*Issues:
-an individual written authorization duly signed by the
A. Admission and Discipline of Members
employee
-union can set rules and regulations for Union membership
-authorization should specifically state
(A249a)
…the amount
-an EE is entitled to union membership regardless of status,
…purpose
from day 1 (A277c)
…beneficiary of deduction
B. Retention of Membership
C. Discipline
UP Portia Bar Mental Jugger
Labor Relations
Based on the outline of Professor D.P. Disini, Jr.
*Re Attorney’s fees: distinguish between extraordinary fees
in A241 and atty’s fees in A222
A222 speaks of atty’s fees re disputes
A241 speaks of special assessments and extraordinary
expenses; this can be processed thru check off
*ABS-CBN case: when atty’s fees effected through forced
contributions from the workers’ own funds, and not from
union’s funds, it is prohibited unless it has complied with the
requirements in LC – no shortcuts
Part four: Union Security
248 (e) ULP ERs
Nothing in LC or in any other law shall stop the parties from
requiring membership in a recognized CB Agent as a condition
for employment, except
-EEs who are already members of another union at the time of
the signing of the CBA
Closed-shop: an enterprise in which by agreement between
the ER and EE, no person may be employed in any or certain
agreed departments unless he/she is, becomes, and for the
duration of the agreement, remains a member in good
standing of a union entirely comprised of or of which the EE in
interest are apart (Rothenberg)
*for there to be a closed-shop agreement (CSA) in the CBA,
the membership in the union should be a requirement for
continuing employment in the company
Coverage:
a. persons to be hired
b. EEs who are not yet members of any LO
-best assure workers their reciprocal rights in
accordance with law
-best assure workers of exercise of right
-maximum exercise of rights granted by law
Factors to determine ABU
*Standard test: Community or mutuality of interest: basic
test of an asserted bargaining unit’s acceptability is WON it is
fundamentally the combination which will best assure to all
EEs the exercise of their collective bargaining rights UP v.
Ferrer-Calleja, 211 SCRA 452 (1992)
*factors considered in Democratic Labor Association v. Cebu
Stevedoring Co. Inc. (103 Phil 1103 [1958]):
(1) will of employees (Glove Doctrine);
(2) affinity and unity of employee's interest, such as
substantial similarity of work and duties or similarity of
compensation and working conditions;
(3) prior collective bargaining history; and
(4) employment status, such as temporary, seasonal and
probationary employees".
*Geography: when diff kinds of works, problems and
interests of EEs are peculiar in each camp or department
Benguet Consolidated v. Bobok Lumberjack Assn., 103 Phil
1150 (1958)
On Corporate Entitles
Gen. Rule: Dayotogan and Interphil – Corporate fiction,
treated as distinct corporations even if there’s common
ownership.
Exception: Philippine Scouts Veterans case – If there’s
pervasive commonality, piercing the corporate veil is justified.

Rationale: Unit Severance/Globe Doctrine (from BarOps reviewer)]

-promote unionism It is best explained in the context of a market place and the
-encourage workers to join and support the union of choice in demand of employment on such market place. The GLOBE
the protection of their rights and interest against ER DOCTRINE usually applies to employees with rare skills or
Implementation of the CSA highly technical ones.
-ER bound to exercise caution in dismissing EEs based on Example given: Case of Pilots and Stewardess.
CSA; should inquire into the lawfulness of the dismissal If ,originally, pilots and stewardesses belong to ONE
bargaining unit (unit A) for the purpose of collective
Financial Security bargaining, with the use of the GLOBE DOCTRINE a plebiscite
A248e can be held to determine if the pilot employees would want to
-EEs of an appropriate bargaining unit who are not members form a separate bargaining unit (unit B).
of the recognized CB agent may be assessed a reasonable fee Illustration:
equivalent ot the dues and other fees paid by members of the Unit A (original bargaining unit) : 100 Pilots + 200
recognized CB agent, if such non-union members accept the Stewardesses = 300 employees Unit B (proposed new unit):
benefits under the CBA Pilots = 100 employees.
Those in unit B (100 pilots) will vote in a plebiscite. Their
Types choices will be
Access to labor Post Termination (1) To vote for Unit A: this would mean that they do not wish
market employment to separate from the original bargaining unit.
CLOSED Membership Retain Could (2) To vote for Unit B: This would mean that they would want
SHOP required, only membership terminate if to form their OWN bargaining unit, composed of pilots only.
hire members not member (3) Neither: They do not want the choices If you have one BIG
UNION Open – no provided bargaining unit, most probably you are grouping together
SHOP membership due process DIFFERENT SKILLED workers.
requirement observed Rationale of the Globe Doctrine: highly skilled workers
MAINTENAN Free access If join union, have to separate to increase their market value.
CE maintain Under the Globe Doctrine, will of the employees is the
membership determinative factor.

*Effect of prior agreement: A prior agreement on the

Part Five: Appropriate Bargaining Unit composition of a bargaining unit is not binding.
Rothenberg Definition: Appropriateness of bargaining unit composition may change.
1. composition: all or less than all the EEs of a particular DLSU v. DLSU Employees Assn, 330 SCRA 363 (2000)
ER
2. ER’s equity must be considered (administration of Part Six: Union Representation: Establishing Union
CBA) Majority Status
3. group EEs in their mutual and common interest: Precondition: EER
wages, hours of work, other terms and conditions of -absent EER, there’s no duty to bargain; absent duty to
employment bargain, no need to conduct CE
UP Portia Bar Mental Jugger
Labor Relations
Based on the outline of Professor D.P. Disini, Jr.
Laguesma, 238 SCRA 389 (1994; DO 40-03 requires that PCE
Purpose: be filed with the Regional Office which issued the petitioning
-determine will of workers on crucial question of who shall LO’s certificate of registration)]
represent them in their negotiations with the management -within 60-day period before the expiration of the CBA (during
and for a CBA that will best project and promote their interest the freedom period)
Port Workers Union of the Philippines v. Laguesma, 207 SCRA -Med-Arbiter shall automatically order an election by secret
329 (1992) ballot when the verified petition is supported by the
-Reyes v. Trajano: to ascertain wishes of the majority of EEs in written consent of at least 25% of al the employees in
ABU the bargaining unit to ascertain the will of the employees in
…to be represented or not the appropriate bargaining unit. [substantial support may be
…if to be represented, by whom submitted within a reasonable period from filing PCE Port
Workers Union of the Philippines v. DOLE, 207 SCRA 329
Methods of Establishing Majority Status (1992); even if some of the EEs withdrew their written
*Certification election vs. Consent Election Warren consent, if the 25% requirement is still complied with, there is
Manufacturing Workers Union v. BLR, 159 SCRA 387 still substantial support Tagaytay Highlands v. Tagaytay
(1988) Highlands Union, 395 SCRA 699 (2003); If LO did not reach
CE ConE the 25% support requirement, BLR can exercise discretion to
Ordered Agreed upon by the parties determine WON CE must be conducted Scout Albano
Determines sole and Determines the issue of Memorial College v. Noriel, ]
exclusive bargaining agent or majority representation of all -VALID ELECTION: at least a majority of all eligible voters
representative for CB the workers in the in the unit must have cast their votes
appropriate CBU -TO WIN AS THE Exclusive Bargaining Agent/Rep (EBA/EBR):
*separate and distinct majority of the valid votes cast certified
process; has nothing to do -Run-off election if no choice received the majority: top 2 Los
with the import and effect of (should have received a total of 50% of the votes cast when
a CE combined)
-In cases where the petition was filed by a national union or
federation, it shall not be required to disclose the names of
*Run-off election: the local chapter’s officers and members
-when CE provides 3+ choces -At the expiration of the freedom period + no PCE filed
-no choice receives majority of the valid votes cast incumbent BA should still be recognized with majority status
-conducted between the 2 LO receiving the highest number of
votes, total number of votes for all contending unions is at B. Unorganized Establishment
least 50% of the number of votes cast A257
-establishment where there is no certified bargaining agent
*Voluntary Recognition -CE automatically conducted by Med-Arbiter upon filing of a
-process of determining, through secret ballot the sole and PCE by any Legitimate LO including
exclusive representative of the employees in an ABU for …a national union or federation which has already issued a
purposes of CB + reported with the Regional office + Only 1 charter certificate to the local/chapter participating in the CE
legitimate LO in establishment …or a local/chapter which has been issued a charter
certificate by the national union or federation
Before VR recognized:
-no direct certification Organized vs. Unorganized
-statutory policy that cannot be circumvented A256 A257
-law is partial to CE: most democratic and efficient means to establishment Organized (has existing Unorganized (no
determine will of EE BA) existing BA)
PCE Verified petition No verification
Now: with DO no. 40-03: VR bar to CE within 1 year (so for 1 needed
year, ER compelled to recognize a LO that may not represent
the majority opinion in the establishment)
When to file Can only file PCE Anytime
within the 60-day
*No direct certification by ER of a LO as the EBR Colgate
freedom period
Palmolive v. Ople, 163 SCRA 323 (1988)
QUESTION: what if 60-
day period expired
Process: Filing a PCE
then no PCE filed.
I. The UNION as initiating party
When can the PCE be
A. Organized Establishment
filed? Forever na ung
A256.
incumbent BA?
-Verified petition questioning majority status of incumbent
Substantial With substantial No substantial
bargaining agent (PCE) [a formal requisite; even if lacking,
support support of 25% of all support needed
court may dispense with the requirement in the interest of
employees in the ABU
justice National Mines and Allied Workers Union v. SOLE, 227
SCRA 821 (1993)]
II. ER as the initiating party
-filed by any LEGITIMATE LO including
A258
….a national union or federation which has already issued a
-ER requested to bargain collectively
charter certificate to its local chapter participating in the CE
-ER may file PCE with BLR
…a local chapter which has been issued a charter certificate
-if NO EXISTING CBA, BLR order a CE after hearing (NOTE: Not
by the national union or federation [acquires legal
automatically)
personality to file a PCE from the date it was issued a
-Certification cases decided within 20 working days
charter certificate – A234-A]
-BLR shall conduct a CE within 20 days in accordance with IRR
-VENUE: before the DOLE [since the worker is the
disadvantaged party, the LO may file PCE in the nearest DOLE
Role of ER: a bystander (A258-A)
office – not necessarily the regional office Cruz Valle Inc. v.
UP Portia Bar Mental Jugger
Labor Relations
Based on the outline of Professor D.P. Disini, Jr.
-ER always not considered a party to the CE (cannot oppose a
PCE)
-participation limited to:
(1) being notified or informed of PCE
(2) submitting a list of employees during the pre-election
conference should the Med-Arbiter act favorably on the
petition
Process: CE Procedure
Nature: Young Men Labor Union Stevedores v. CIR, 13
SCRA 285 (1965)
-Investigatory in nature
-Object: not the decision of any alleged commission of wrong
nor asserted deprivation of right BUT is merely a
determination of proper bargaining units and the
ascertainment of the will and choice of EEs in selection of BR.
-doesn’t entail entry of remedial orders/redress of rights BUT
culmination solely in an official designation of bargaining units
and an affirmation of EEs expressed choice of BA.
Procedure: DO 40-03
Who may 1. any legitimate LO
file (sec1) 2. ER, if requested to bargain collectively
(Regional Office order CE if no existing
certified CBA)
Where to -in the Regional Office which issued the
file (sec2) petitioning LO’s certificate of registration/of
chartered local
-if many PCE + filed in different regional office,
consolidate in office where first PCE was filed
When to file GR: anytime
(sec3) X (when cannot file):
1. when a fact of voluntary recognition
has been entered or a valid
certification/consent/run-off election
conducted – 1 year bar (appeal filed
from order of Med-Arbiter certifying
the CE results, running of 1 year
period suspended until decision on
appeal final and executory)
2. when the duly certified union has
commenced and sustained
negotiations in GF with the ER in
accordance with A250-1 year bar
3. when a bargaining deadlock to which
an incumbent or certified bargaining
agent is a party had been submitted to
concillation or arbitration or had
become the subject of a valid notice of
strike or lockout
4. when a CBA bet ER and duly
recognized or certified BA has been
registered: can only file PCE within 60
days prior to expiration of the CBA
*failure to participate in the previous CEs is not a bar to the
right to participate in future elections Reyes v. Trajano, 209
SCRA 484 (1992
Others
*posting of notice of CE required, but may be waived Jiescor
Independent Union v. Torres, 221 SCRA 699 (1993)
*election should be conducted on a regular working day within
the ER’s premises (regardless if there’s a strike) Asian Design
and Manufacturing v. Calleja, 174 SCRA 477 (1989)
*Requirements in order that a protest filed would prosper
(Philippine Fruit and Vegetables Industries v. Torres, 211
SCRA 95 (1992):
1. protest filed with the representation officer and made of
record in the minutes of the proceedings before the close of
election proceedings,
2. the protest must be formalized before the Med-Arbiter
within 5 days after the close of the election proceedings.
*the LO receiving the majority of the valid votes cast shall be
certified as the EBA of all workers in the unit for purpose of
CB. BUT an individual EE or group of EE still have the right to
present grievances to ER. (A255)
Bars to CE
[1] Contract Bar Rule (A232) – CBA valid and contract
complete (incorporates all that is needed)
If contract is incomplete, it can be completed to invoke the
contract-bar rule
If CBA expired, still continuing in force and effect UNTIL new
CBA shall have been validly executed
If CBA registered, bar
[2] 1 yr bar rule – from the time elections results were
certified
a. voluntary recognition
b. certification elections
c. consent election
d. run-off elections
[3] deadlock bar rule – 2 req’ts: *there was effort to bargain
but it failed, and, *that such deadlock had already been
submitted for conciliation or arbitration
Suspension Rule: refers to prejudicial question/
-the conduct of CE may be suspended upon a petition of a LO
which filed a ULP against ER based on A248(d) – company
union
-basis: to level the playing field, remove undue advantage of
the company union in the CE
-status of the alleged company union must first be cleared
before CE could take place or else may lead to selectin of an
ER-dominated union as EE’s EBA United CMC Textile Workers
Union v. BLR, 128 SCRA 316 (1984)
-THE ONLY PARTY WHO COULD ASK FOR SUSPENSION OF THE
CE IS THE LO WHICH FILED A COMPLAINT FOR ULP AGAINST
THE ER!

Candidates for CE Part Seven: CB: Processes, Procedures, and Issues

*incumbent BA automatically one of the choices in the CE
(Sec7, DO 40-03)
*A petition for cancellation of union registration shall not
suspend the proceeding for CE nor shall it prevent the filing of
a PCE (A238-A)
Voter’s List
*Company payroll may be used as basis for determining who
are qualified to vote Acoje Workers Union v. National Mines &
Allied Workers Union, 7 SCRA 730 (1963)
*Only the EEs themselves, being the real parties in interest,
may question their removal from the voters list Notre Dame v.
Laguesma, 433 SCRA 225 (2004)
*All the employees in the ABU should be entitled to vote
General Concepts
-CB is designed to stabilize the relation between labor and
management and to create a climate of sound and stable
industrial peace. It is a mutual responsibility of the ER and
Union and is characterized as a legal obligation Kiok Loy v.
NLRC, 142 SCRA 179 (1986)
-company’s refusal to make counter-proposals to the union’s
proposal is an indication of its BF. Where the ER did not even
bother to answer to the bargaining proposal, there is a clear
evasion of duty to bargain Kiok Loy v. NLRC (1986, supra)
-the right to free CB includes the right to suspend it Rivera v.
Espiritu, 374 SCRA 352 (2001)
Bargaining Procedure
1. Private Procedure
 UP Portia Bar Mental Jugger
Labor Relations
Based on the outline of Professor D.P. Disini, Jr.
A251: agreement or other voluntary arrangement
providing for a more expeditious manner of collective
bargaining vs. LC
2. LC Procedure
A251: if not private procedure, LC applies
A250: Procedure
a. WRITTEN notice of desire to negotiate an
agreement + statement of proposals – reply
within 10 calendar days from receipt of notice
[noncompliance with reply period is merely
procedural, not a ground for ULP PROVIDED the
other party DID REPLY National Union of
Restaurant Workers v. CIR,10 SCRA 843 (1964)]
b. DIFFERENCES: either party request for
CONFERENCE (begun not later than 10 calendar
days from date of request)
c. If DISPUTE NOT SETTLED in the conference:
Board shall intervene *upon request of EITHER or
BOTH PARTIES or *at its own initiative and then
Board shall immediately call CONCILIATORY
MEETINGS
-Board has power to subpoena
-Parties has DUTY TO PARTICIPATE FULY & PROMPTLY
in the meetings
d. DURING CONCILIATORY MEETINGS: parties
prohibited from doing any act which may disrupt
or impede early settlement of disputes
e. Board exert all efforts to settle amicably
Duty to Bargain
A252:
-performance of a mutual obligation
-to meet and convene
…promptly and expeditiously
…in GF
-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
>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 concessions
*ER has duty to bargain if Union has done the following
(Kiok Loy):
1. status of majority representative of EEs established
2. Proof of being a majority representative presented
3. demand to bargain
* Where a proposal raised by a contracting party does not find
print in the CBA, it is not part thereof and the proponent has
NO claim whatsoever to its implementation Samahang
Manggagawa sa Top Form v. NLRC, 295 SCRA 171 (1998)
*suspension of CB negotiations(Collegio de San Juan de
Letran v. Assn. of Employees, 340 SCRA 587 (2000):
1. existence of a valid PCE raising a legitimate representation
issue
2. PCE filed within the 60-day freedom period
Bargainable issues
A252:
1. wages
2. hours of work
3. conditions of employment including
a. proposals for adjusting any grievances
b. questions arising under such agreement
Mandatory vs. Permissive
MANDATORY PERMISSIVE
Consists of A252 Other issues which
have nexus with the
nature of work
Refusal to ULP on part of No ULP
bargain refusing party
impasse Can use economic Cannot use economic
weapons weapons
CBA
Definition
-a contract executed upon request of either the ER or the
EBR/EBA incorporating the agreement reached after the
negotiations with respect to wages, hours of work, and
conditions of employment
-a contract in personam, not in rem
-a sub-standard CBA is not a ground for cancellation of Union
registration with the amended A239
-a CBA hastily concluded despite order from Med-Arbiter
enjoining ER and Union from doing so was concluded in BF –
not a valid CBA ALU v. Calleja, 173 SCRA 179 (1989)
Contents and duration: A253-A
1. Representation Aspect: in force for 5 years
-no PCE entertained, no CE conducted outside the 60-day
period immediately before the date of expiry of 5-year
term
2. Economic Aspect: can be renegotiated not later than 3
years after execution
-agreements entered within 6 months from the date of
expiry of 3-year term shall retroact to the day
immediately following such date
*if agreement entered beyond 6 months (after expiry
date), parties shall agree on the duration of retroactivity
thereof
*IF deadlock in negotiations, parties may exercise rights
under LC
-should include grievance procedure (A260):
…should include provisions that would ensure the mutual
observance of its terms and conditions.
…Should establish a machinery for the adjustment and
resolution of grievances arising
>from the interpretation or implementation of the CBA
>arising from the interpretation or enforcement of company
personnel policies
Registration requirements (A231)
1. submit copies of CBA directly to BLR or the DOLE
regional offices within 30 days from execution
2. submit verified proofs of posting in 2 conspicuous
places in the place of work
3. submit verified proof of ratification by the majority of
all the workers in the bargaining unit
4. ER pay the registration fee of not less than P1k
Contract Beneficiaries
-A255: all employees in the ABU
-even non-members (of the EBA) are entitled to the benefits of
the CBA or else it would amount to ULP of undue
discrimination New Pacific Timber and Supply Co v. NLRC, 328
SCRA 404
CBA and Transfers
-Manlimos v. NLRC, 242 SCRA 145 (1995): if transfer of
ownership done in GF, the transferee is under no legal duty to
absorb the transferor’s EEs as there is no law compelling such
absorption.
...However, transferee liable for ULP if:
1. liability assumed by transferee under contract
making the transfer
UP Portia Bar Mental Jugger
Labor Relations
Based on the outline of Professor D.P. Disini, Jr.
2. liability arises because of transferee’s participation in
ULP (transferee as ER)
CBA and Disaffiliation
-even if EBA/EBR changes, the CBA continues to bind the
parties up to the expiration date. The new EBA/EBR takes the
place of the older one. Eliso-Elirol Labor Union v. Noriel, 80
SCRA 682(1977)
Effect of Expiration
A253: it shall be the duty of both parties (ER and EBA) 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
Part Eight: ULP
Definition
212k: any unfair labor practice as expressly defined by LC
247: violate the constitutional right of workers and employees
to self-organization and collective bargaining
-inimical to the legitimate interests of both labor and
management
-violations of civil rights of both labor and management
-also criminal offenses against the State, subject to
prosecution and punishment
248: ER IRC (interfere, restrain, coerce)
249: Union RC (restrain, coerce)
Requisite Relationship (Phelp-Dodge Co vs. NLRB)
GR: in order for ULP to exist, there must be EER
X: discrimination in hiring by union affiliation
Construction
LC leaves the court the work of applying the law’s general
prohibitory language in the light of infinite combination of
events which may be charged as violative of its terms HSBC
Employee Union v. NLRC, 281 SCRA 509 (1997)
Acts violating right to self-organization
1. IRC
2. non-union membership or withdrawal from
membership as condition of employment
3. Contracting out to discourage unionism
4. company dominated union
5. discrimination to encourage or discourage unionism
6. Retaliation Testimony against ER
7. Exaction – Featherbedding: cause or attempt to
cause an ER to discriminate against an EE
Other Acts under IRC
1. Interrogation
-subjection by the ER of its EEs to a series of questioning
regarding their membership in the union or the union
activities, in such a way as to hamper the exercise of
free choice on their part
2. Polling
3. Speech: “totality of conduct doctrine”
-evaluate the remarks on the basis of their IMPLICIT
IMPLICATIONS, but appraise against the background of and
in conjunction with collateral circumstances
-expressions, though innocent in themselves, were culpable
because uttered:
…under circumstances
…history of labor relations
…connection with established collateral plan of coercion or
interference
4. Espionage
-espionage of ER of union activities, or surveillance thereof
5. Economic Coercion and Inducement: test of WON ER
interfered with and coerced EEs:
-WON ER has engaged in conduct which it may reasonably
be said tends to interfere with the free exercise of EE’s
rights
-not necessary that there be direct evidence that any EE
was in fact intimidated or coerced by statement or threats
of ER if there is a reasonable inference that anti-union
conduct of the ER does have an adverse effect on self-
organization and CB
6. Union Solicitation and Distribution of Literature and
Materials: Access test
GR: ER can impose limitations on exercise of union activities
re: information dissemination within its property to preserve
it
X: When the inaccessibility of EEs makes ineffective the
reasonable attempts by non-EEs to communicate with EEs
through usual channels, the right of ER to exclude from its
property must yield to the extent needed to permit
communication and information on the right to organize
7. Discrimination
-if discriminatory, striked down
-no discrimination when:
a.EEs not similarly situated (e.g. not covered by CBA)
b. its within the prerogative of the management to regulate
all aspects of employment
c. GF exercise + without ulterior motive
8. Run-Away Shop
-ER moves to another location or temporarily closes down
business for anti-union purposes
ULP and Right to CB
1. Violate right to bargain
Kiok loy: should reply to proposals promptly and
expeditiously in GF
Standard Charter v. NLRC: where the employer refused to
bargain with the labor union, allegedly because the union was
proposing “blue sky” proposals said to be outrageous,
unrealistic and outlandish, the court held that the company
cannot refuse to bargain without any proof that the proposals
of the union were indeed unrealistic.
2. Negotiation or Attorney’s Fees to settle issue in CBA
or disputes
A248h: ER pays
A249e: Union asks for or accepts it
3. Violation of CBA
– only a ULP if gross (flagrant and/or malicious refusal to
comply with the economic provisions of CBA) [A261]
Test WON ULP:
[a] Was there a reasonable tendency to succeed?
[b] Did anti-union bias contribute to his decision? (mixed-
motive test)
Enforcement, Remedies Sanctions
Against whom ULP Committed
A248: against EE or Union
A249: against ER
Parties Liable
A248: officers and agents of corporations, associations or
partnerships who have actually participated in, authorized or
ratified ULP
A249: officers, members of governing boards, representatives
or agents or members of labor associations or organizations
who have actually participated in, authorized or ratified ULP
Prosecution and Prescriptive Period
1. Civil Aspect
A257:may include claims for
..Actual
…Moral
UP Portia Bar Mental Jugger
Labor Relations
Based on the outline of Professor D.P. Disini, Jr.
…Exemplary Differences
…other form of damages Strike: by LO
…Atty’s fees Lockout: ER
…other affirmative relief
-jurisdiction of Labor Arbiter: resolve within 30 calendar days Nature and Purpose
from time submitted for decision -EEs enforce their demands
A290: filed within 1 year from accrual of such ULP, otherwise -Company engaged in profitable business cannot afford to
forever barred have production interrupted nor paralyzed Philippine Can Co
v. CIR, 87 Phil 9 (1950)
2 Criminal Aspect
-criminal prosecution of the ULP can only be instituted when Effect on Work Relationship
FINAL JUDGMENT finding that an ULP was committed has been -EER not severed or dissolved, may improve EER
obtained …better working conditions
-pendency of ULP case before Labor Arbiter interrupts running …more efficient services
of period of prescription of the criminal offense
-final judgment in administrative proceedings shall not be Types, Changes and Conversion
binding in the criminal cases not be considered as evidence of Types
guilt 1. ULP Strike (A263c)
-arose from a ULP by the ER
ULP and Compromise -actors: the duly certified or recognized BA (or a
GR: ULP cannot be subject to compromise, contrary to public legitimate LO in behalf of its members if there is no BA)
policy -aims to correct an act declared by law to be a ULP
X: when compromise entered to avoid protracted litigation,
voluntarily entered, reasonable - AND forged under the 2. Economic Strike (Deadlock)\
authority of the SOLE in a compulsory arbitration proceedings, -aims to forge wage and concessions not required by law
with representatives from the Union and the ER Reformist to grant
Union of RB Liner v. NLRC, 266 SCRA 713 (1997) *it is possible that an Economic Strike would be converted into
a ULP strike when the ER does acts as may be classified under
A248 Consolidated Labor Association of the Philippines v.
Part nine: Concerted Activities Marsman and Co., 11 SCRA 5589 (1964)
*However, the union’s offer to wok which was not heeded by
Basis of the right the ER is not equivalent to an illegal lockout on the part of the
1. Constitution (AXIII.3) ER that may give rise to a ULP strike Rizal Cement Workers
- peaceful and concerted activities, including the Union v. CIR, 6 SCRA 841 (1962)
RIGHT TO STRIKE, IN ACCORDANCE WITH LAW
- why IN ACCORDANCE WITH LAW: the law does not Grounds for Strike/Lockout
1. Allowed strikes (A263c)
look with favor upon strikes and lockouts because of
-deadlocks
their DISTURBING AND PERNICIOUS EFFECTS upon
-ULP
social order and public interest Luzon Marine Dept.
-union busting
Union v. Roldan, 86 Phil 507 (1950)
2. Statutory (A263b)
2. Prohibited Strikes
-workers shall have the right to engage in concerted
-A263b: intraunion, intraunion disputes
activities for purposes of …collective bargaining
-263g: in industry indispensable to national interest
…or for their mutual benefit and protection
-264a:
-the right of a legitimate LO to strike and picket and of
…not yet bargained collectively
ERs to lockout, consistent with national interest, shall
…not yet filed notice required
continue to be recognized and respected
…not yet obtained and reported to the DOLE a strike or
-NO labor union may strike, NO ER may declare a lockout
lockout vote
on grounds involving inter-union and intra-union
…after assumption of jurisdiction by the President or by the
disputes
SOLE
3. International Covenant on Economic, Social and
…after the submission of the dispute to compulsory or
Cultural Rights (Art8d)
voluntary arbitration
…during the pendency of cases involving the same grounds
Strike Activity
for the strike or lockout
Definition
-265: after a vote the improved offer was conducted and had
Strike (A212o)
favorable results
…any temporary stoppage of work
-wage distortion Ilaw at Buklod ng Manggagawa v. NLRC, 198
…by concerted action of EEs
SCRA 586 (1991)
…as a result of an industrial or labor dispute
-includes economic slowdown and strike on installments San
No Strike Clause
Miguel Case
-it is a valid stipulation BUT may ONLY BE INVOKED by an
employer when
Lockout (212p)
…the strike is economic in nature
-any temporary refusal of an ER to furnish work
…strike is one which is conducted to force wage or other
…as a result of an industrial or labor dispute
concessions from the employer that are not mandated to be
granted by the law itself Panay Electric Co. v. NLRC, 248 SCRA
Strike v. Lockout
688 (1995)
Similarities
-both cause TEMPORARY cessation of work
Striking Party
-both arise from an industrial or labor dispute
263c:
-both observe same procedure
Bargaining deadlocks: duly certified or recognized BA
UP Portia Bar Mental Jugger
Labor Relations
Based on the outline of Professor D.P. Disini, Jr.
ULP strikes: duly certified or recognized BA
…if no duly certified or recognized BA: any legitimate LO in
behalf of its members
Union busting: union being busted
Procedural Requirement
1. bargain first (A264a)
Procedure (see A250)
2. file notice of intention
A263c: periods
Bargaining deadlocks: at least 30 days before the intended
date
ULP: 15 days before
Union busting: take action immediately
A263d: notice should be in accordance with IRR
promulgated by SOLE
A263e: SOLE exert efforts during the cooling-off period
(period to file notice) to effect a voluntary settlement
A264a: notice first before strike/lockout or else illegal
3. conduct strike/lockout vote first (A263f)
Strike: approved by a majority of the total union
membership in the bargaining unit concerned
…by secret ballot
…in meetings or referenda called for that purpose
Lockout: approved by a majority of the board of directors of
the corporation or association or of the partners in a
partnership
…obtained by secret ballot
…in a meeting called for that purpose
-264a: no majority obtained, no strike – or else illegal
-IRR: may request/on its own initiative, the Board my
supervise the conduct of the strike vote/lockout vote. The
union or the ER should furnish the Board with notice 24
hours before the conduct of the election. The results
should be submitted to the Board at least 7 days before
the intended strike or lockout
4. observe cooling-off period
Wait: according to DPD, the cooling off period is different from
the periods stated in A263c. it is the 7 day period before the
date of the strike provided in the IRR. Further, according to
him, it is observed after strike vote has been conducted
- The requisite 7-day period is intended to give the
DOLE an opportunity to verify whether the projected
strike really carries the approval of the majority of
the union members. The notice of strike and the
cooling-off period were intended to provide an
opportunity for mediation and conciliation. Grand
Boulevard Hotel v. Genuine Labor Organization, 406
SCRA 688 (2003)
* The requirements are mandatory and failure of a union to
comply therewith renders the strike illegal. A strike
simultaneously with or immediately after a notice of strike will
render the requisite periods nugatory. Grand Boulevard Hotel
v. Genuine Labor Organization (2003), supra
Test of Legality
1. purpose and means test
Peaceful – A264 is the measure
In accordance with law – A263
-Luzon Marine Dept. Union v. Roldan (1950), supra: the
legality or illegality of a strike depends on
1. the purpose for which it is maintained
2. means employed
2. Balancing of Interest
-if ULP strike: the violent acts of SOME union members does
not render the strike illegal. The right of management to
prevent strikes does not render strike illegal.
ight to prevent strike < right of EE against ULP Shell Oil
Workers Unin v. Shell Phils, 39 SCA 276 (1971)
Defenses: GF and ULP
-A strike doesn’t automatically carry the stigma of illegality
even if no ULP was committed by ER. It suffices if such a belief
in GF is entertained by labor as the inducing factor for staging
a strike. Indeed, the presumption of legality prevails even if
the allegation of ULP is subsequently found to be untrue,
provided that the union and its members believed in GF in the
truth of such averment PNOC Dockyard v. NLRC, 291 SCRA
231 (1998)
Illegal Strikes (see prohibited strikes)
Effect of Illegality
A264a
Unlawful lockout: EE terminated
-EE entitled to reinstatement with full backwages
Illegal Strike: who would lose their employment status
-union officer who knowingly participates
-any worker or union officer: any worker or union officer who
knowingly participates in the commission of illegal acts during
a strike
Employment of Strike-breakers
-prohibited (264c)
-definition (212r): any person who obstructs, impedes, or
interferes with …
…by force, violence, coercion, threats or intimidation
…any peaceful picketing affecting
>wages
>hours of work
>conditions of work
…or in the exercise of right to self organization or collective
bargaining
Burden of Economic Loss
-a fair day’s wage for a fair day’s labor:
…if strike, no backwages (EEs wanted to do so, so suffer
consequences)
…if lockout, pay backwages (EEs could have done their jobs
but ER prevented them from doing so)
Improved Offer of Balloting (A265)
Strike
-DOLE conduct referendum by secret ballot on the improved
offer of the ER
-on or before the 30th day of the strike
-when at least majority of the union vote to accept the
improved offer:
…striking workers shall immediately return to work
…ER shall readmit the workers upon signing of the agreement
Lockout
-DOLE conduct referendum by secret ballot on the reduced
offer of the Union
-on or before the 30th day of the lockout
-when at least majority of the board of
directors/trustees/partners holding the controlling interest
vote to accept the reduced offer:
…workers immediately return to work
…ER shall readmit the workers upon signing of the agreement
Picketing
-marching to and from at the premises of the ER, usually
accompanied by display of placards and other signs, making
known the facts involved in a labor dispute Sta. Rosa Coca-
cola Plant Employees v. Coca-Cola Bottlers, 512 SCRA 437
(2007)
Right to picket: PAFLU v. Cloribel, 27 SCRA 465 (1969)
-means of communicating facts of a labor dispute
-phase of freedom of speech, guaranteed by the constitution
-right may be regulated at the instance of 3rd parties or
“innocent bystanders” if the inevitable result of its exercise is
UP Portia Bar Mental Jugger
Labor Relations
Based on the outline of Professor D.P. Disini, Jr.
to create an impression of a labor dispute with which they unequivocally Vivero v. CA,
have no connection or an interest exists between them 344 SCRA 268 (2000)

*A labor dispute may give rise to strong emotional response
far from likely that the language employed should be both
courteous and polite. PCIB v. Philnabank Employees Assn, 105
SCRA 314 (1981)
Restrictions of right to Picket: Innocent 3P Rule PAFLU
v. CLORIBEL, supra
1. WON case arose from labor dispute
YES: apply LC, labor laws
NO: apply ROC - injunction
2. WON appellee is a 3P/innocent bystander whose right
has been invaded,
YES: entitled to protection by the courts
NO: no labor injunction
3. right may be regulated at the instance of a 3P or
innocent bystanders if:
… it appears that the inevitable result of its exercise is
to create an impression that a labor dispute with which
they have no connection or interest arises between
them
…the picketing of the union constitutes invasion nof
their rights
a. Compulsory Arbitration (263g)
-when in the opinion of the SOLE there exists a labor dispute
causing or likely to cause a strike or lockout in an IINI
-SOLE assumes jurisdiction over the dispute or certify the
same to the NLRC for compulsory arbitration
*rationale: soonest solution, damage might be caused upon
national interest minimized as much as possible; preserve
status quo
*Process:
i. initiating party: SOLE/President
ii. arbitration agencies: NLRC: labor arbiter
-would include all questions and controversies arising
from labor dispute, including cases over which the labor
arbiter has exclusive jurisdiction or otherwise submitted
to him for resolution
iii. effect of certification: automatic return to work order
-it is deemed to have been issued once SOLE assumes
jurisdiction over the dispute
-it is an obligation, not a luxury
-it is not involuntary servitude: the EE has an option not
to return to work, subject to termination in work
iv. effect of appeal: return to work order should still be
complied with

Part ten: Labor Injunction b. Voluntary Arbitration

GR: no injunction against strike *arbitrable issues
X: labor dispute arises in an industry indispensable to A261: unresolved grievances in the interpretation and
national interest enforcement of the CBA or company personnel policies
*could only enjoin UNLAWFUL activities A261: upon agreement of the parties:
-all other Labor disputes (if dispute is under the exclusive
*Issuing Agency: NLRC jurisdiction of the LA, VA could only assume jurisdiction over
*Can only be exercised by the NLRC when there’s a labor the same if the parties has clearly and unequivocally agreed
dispute (A218e) to confer the same to the VA Vivero v. CA(2000), supra)
*cannot be issued ex parte: requires hearing and procedure in -ULP
218 should be followed -bargaining deadlocks
*note: injunction in EO 180 is different in LC *Selection of VA (A260)
*what are industries indispensable to national interest? -parties to CBA name and designate in advance a list of
-DPD: there’s no test since it is within the discretion of the qualified arbitrators of NCMB
President or the SOLE -if none, NCMB would choose for the parties
*Procedure (A262-A)
Jurisprudential rules re: IINI -hold hearings
1. industry should affect national economy: involved in -receive evidence
generation or distribution of energy, or are banks, hospitals, -take whatever action is necessary
or export-oriented GTE Corp v. GTE Union -render decision within 20 calendar days
2. in schools: the number of students affected PSBA v. Noriel -the decision should contain the facts and the law upon which
3. not IINI if there are alternative industries equally efficient to it is based
provide the service of said industry *Awards and Orders
-awards of VA has same legal effect as judgment of a court
*finality and execution of awards
Part eleven: Alternatives to use of economic force -decision final after 10 d
Conciliation and Arbitration as Modes of Labor Dispute -VA can issue writ of execution
Settlement *Appeal
-to the CA (R43, ROC)
1. Conciliation -note that there is no appeal procedure provided in the LC
-part of the collective bargaining process (A250c-e): resorted *Costs (A262-B)
to upon request or at the National Conciliation and Mediation -shouldered by the parties (proportionate sharing scheme); or
Board’s own initiative when the difference in the proposals of -subsidized by special voluntary arbitration fund
the EBA/EBR and the ER is not settled in the conference -take into account the following;
a. nature of the case
2. Arbitration b. time consumed
Compulsory Voluntary c. professional standing of the VA
By operation of law By agreement of the parties d. capacity of the parties to pay
LA VA
Jurisdiction: illegal Jurisdiction: A261 and 262:
termination (A217) any and all disputes part twelve: labor relations in the public sector
-even disputes within the EO 180
jurisdiction of the LA,
provided that both parties *provisions of EO 180 heavily borrowed from LC
agree to it, clearly and
UP Portia Bar Mental Jugger
Labor Relations
Based on the outline of Professor D.P. Disini, Jr.
Distinction: EEs in the public sector has NO RIGHT TO
STRIKE because there is no law which authorizes public EE to
exercise it; Public EEs can engage in mass demonstrations
during their freetime
-right to CB: the terms and conditions of employment not
provided for by law can be negotiated

*EEs who do not have the right to self-organization:

1. member of AFP
2. PNP
3. Firemen
4. Jailguards

*Registration of Trade Union: with DOLE and CSC,

processing performed by BLR

*Exclusive Representation
Union recognition
a. voluntary recognition
>duly registered
>no other employee organization
>majority support of all rank and file employees
b. Recognition after certification election
> there are 2 or more employee organization
>petition filed
>BLR conduct, certify elections

*Bargaining Unit Composition:

GR: all rank and file EEs
X: unless circumstances require otherwise

*Exclusive Representative
1. duly registered
2. majority of EE in ABU supports it