March 2, 2015

1. Give an example of a violation of CBA as a ground to strike.

a. Dapat gross/flagrant violation of the economic provisions ang example
2. What is union busting? Give the complete definition.
a. Dismissal from employment of union officers duly elected in
accordance with the union constitution and by laws AND such dismissal
threatens the existence of the union
3. Is the dismissal of a union officer constitution union busting per se?
No. It requires that the existence of the union be threatened.
4. Why does the law allow dispensing of the 15 day cooling off period in the union
busting? (wala na tubag and wala gitubag ni sir)
5. Give an example of union busting.
6. Why is there unfair labor practice? (wala natubag tarong and wala naghatag si sir
sa answer)
7. Give an example of an ULP committed by the employer resulting to union
busting where the existence of the union is threatened.
Example ni Sir: Employees gathering signatures to create Labor Union. Upon
knowledge, the management issued a Memorandum Order prohibiting the creation
of the LU and preventing employees participating from entering to work.
Another example, employees in a production line recruiting to form a labor union.
The management to prevent the formation abolished the production line.
Now, relate it to union busting. (wala nakatubag)
8. What is a yellow dog contract? Illustrate an example.
9. What is a runaway shop as ULP? Be specific sa example.
Cement factory. Strike. In the middle of the night, the employer transferred
the machines and equipment to another location to continue its operation.
10. What is surface bargaining? What does the employer do for it to be considered
surface bargaining?
Be clear.
11. Conduct of strike vote. How is it done?
Through a secret ballot during a meeting
12. When is it considered valid? (vague ang question so way klaro ang tubag)
13. How many votes? Shorten your answer: Vote of majority of the total union
membership
14. Where do you submit? NCMB
15. After submission, can they go on strike? No. Observe the 7-day waiting or strike
ban period
16. What is the purpose of the strike ban?
Intended to enable the NCMB to determine whether or not the employees
really decided to hold a strike
17. After observance of all the requirements, after the 7-day period, can the
employees go on strike?

YES.
18. if they strike, can it be done peacefully? Yes.
19. Can it be done with violence and intimidation? No.
20. If they commit it, what is the remedy of the employer? Ask for injunction from
the NLRC.
21. Does the NLRC have the power to issue injunction?
Yes. Under Article 218.
22. Can the NLRC issue a TRO in connection to that petition for injunction? YES
23. Good for how many days? 20 days.
24. Can the NLRC issue a preliminary injunction? (ang answer sa nagrecite YES)
(follow up question, Good for how many days?, ang gianswer not provided
ang duration)
Gipangita sa provision. Wala gitubag ni sir. (Naa ba preliminary injuction sa
218 (e)??
25. Can the employer go to the regular courts to ask for injunction?
NO. Anti injunction ban. Art 254.
26. What are the exceptions?
The strikers commit any prohibited acts and when the strike involves an
industry indispensable to the national interest (IINI)
27. Can SOLE assume jurisdiction over the dispute involving an IINI? Yes.
28. Example of IINI.
29. Banks?
30. Airplane Companies? Shipping? Because they are in trade and commerce. They
involve heavy goods.
31. Private educational institutions? (paganswer kay giapil man sa nagrecite ang
public schools)
32. Are employees in the government allowed to go on strike? Why or why not?
No. There is no law allowing them. In fact, the regulation under the Civil
Service law prohibits them to go on strike. But they can organize associations but
not for collective bargaining and negotiation. Their benefits are fixed by law.
33. Can they engage in peaceful concerted activities like picketing? Yes. Provided it
is done outside officer hours.
34. By the way, how about employees of city of cebu, are they civil service
employees? Yes
35. Court of appeals? Yes
36. Employees in public works and highways? Yes.
37. Are there GOCCs created uunder the Corporation code? Yes.

38. Can their employees go on strike, form Labor unions for collective bargaining?
Yes. The Labor Code applies to them
39.What if the GOCC is created by a law or charter?
Civil Service law applies. No strike.
40. In the private sector, is there a law expressly recognizing the right to strike? EO
180 daw.
41. Assuming that the establishment are involved in a Labor dispute causing a strike
IINI, can SOLE assume jurisdiction? Yes.
42. In what instances?
- both parties requested
- after conference, motu proprio (pronounce properly)
- upon request or petition by either parties
43. IF the SOLE assumes jurisdiction, what order does it issue? Assumption of
Jurisdiction Order (AJO)
44. What is the effect of the AJO? Employees must return to work. Employers must
readmit
45. The employees must return to work and the employer must readmit them in
what conditions?
Readmit them in the same terms and conditions prevailing before the strike.
46. Is that an option or an obligation? Obligation
47. Why? It is considered an illegal act if he will not comply.
48. Can the employer place them in payroll?
NO. There must be physical or actual reinstatement.
49. Why? Because the industry is indispensable to the national interest. How can
they operate if the employees are just placed in the payroll. There will be no
teachers in the school to teach. No pilots to operate the airplanes.
50. Would you apply the same rule if the industry is NOT indispensable to the
national interest?
No.
51. If you are the lawyer of the company, what can you do to legally enjoin the
strike?
Nothing. He cannot enjoin because here the right to strike is given by the
constitution and by law.
52. How long will the strike be? Not fixed by law.

53. Can the employer do something to settle the dispute with the strikers?
Yes. Submit the case to the Voluntary Arbitrator.
54. Since they do not want to meet you in the VA, what agency can assist you?
NCMB. They have a duty to call into a conference for settlement.
55. What is a lock out?
56. How long? Not fixed. As long as it takes them
57. Re-admission is an obligation only in IINI. What if the SOLE assumes jurisdiction
even if it is not IINI?
Not valid.
58. What is your remedy? Certiorari to CA. Rule 65.
59. What if the strikers block the ingress and egress, can the employer file for
petition for injunction to enjoin the prohibited act? Yes. File it with the NLRC.
60. From the NLRCs decision, what is the remedy? Motion for Recon. Then certiorari
sa CA under R65.
61. What kind of jurisdiction does NLRC exercise, original or appellate? Original.
62. How is the AJO served once it is issued?
Not by mail. 1 month na madawat ang mail, grabe na ang damage caused by
the strike. It must be personal service similar to summons.
63. how soon should the parties comply with the AJO?
immediately.
64. What are the duties of the employer and employees?
Return to work. Readmit to work in the same terms and conditions
PREVAILING prior to the strike. No change in status quo.
65. If they do not comply, what is committed? By disobeying the AJO, they are
committing an illegal act.
66. Can a party file a MR for the AJO? Yes, it is not prohibited.
67. Will the MR stay the AJO? No.
68. If the SOLE assumes jurisdiction, it can issue AJO. Does it carry with it a return to
work order?
Yes. Even if it is not stated, it necessarily includes the return to work order.
Wag pilosopo sabi ng SC in one case.
69. SOLE may be busy. Who is the SOLE?
70. What is the alternative authority given to the SOLE?

He may certify the dispute to the NLRC for compulsory arbitration.

71. Are you referring to the NLRC commission or Labor Arbiter?
NLRC commission.
72. How many divisions? 8.
73. Identify and locate. First six divisions in the NCR. 7 th in cebu city. 8th in Cagayan
de Oro City.
74. Cases from the visayas, where do you file? Cases from the Mindanao including
mamasapano? Luzon?
75. If the labor dispute involving IINI is certified by SOLE to the NLRC for compulsory
arbitration, what rules of procedure will NLRC use? NLRC Rules of Procedure.
76. So, if there is a decision, what is the remedy from it? Motion for Recon.
77. How many days? 10 calendar days from receipt of the decision.
78. On what grounds? Palpable or patent errors.
79. Does the rules require your MR to be under oath? Yes. What provision? Patay.
80. What is a featherbedding, spell.
81. Who commits that type of ULP, the employer or the union? Union.
82. What is blue sky bargaining? Illustrate. Sir: Wage increase 10 times the
minimum wage. Reasonable?
83. If the union is engaged in that ULP, what is the remedy of the ER?
Sir: Can the ER refuse to bargain due to the unreasonable demand? NO.
(ayokong magcheck ng essay)
84. Is the employer who refuses to bargain commits a ULP? Yes.
85. Is there a duty to bargain collectively? Yes. Article 251.
86. What does the duty to bargain collectively consist of? Art 252.
87. By refusing to bargain collectively, is it considered a violation of the duty to
bargain collectively? Yes.
88. Can you justify your refusal to bargain after hearing the union engaged in blue
sky bargaining?
No. Just say sorry, and that you will not accept the demand but continue
bargaining.

89. What is your remedy if they continue the excessive demand?

File a complaint for ULP.
90. Who has jurisdiction over the ULP in an ORGANIZED establishment? Labor
arbiter geapon.