Professional Documents
Culture Documents
GROUNDS: (AFQE)
(1) If there is prima facie evidence of abuse of
discretion on the part of the Labor Arbiter
(2) If the decision, order, award was secured
through fraud or coercion, including graft and
corruption
(3) If made purely on questions of law
(4) If serious errors in the findings of facts are
raised, which would cause grave or irreparable
damage or injury to the appellant
In case of a judgment involving monetary award, an appeal by the
employer may be perfected only upon the posting of a cash or
surety bond issued by a reputable bonding company, duly
accredited by the Commission, in the amount equivalent to the
monetary award in the judgment appealed from.
Nonetheless, a motion to reduce appeal bond may be
made, pursuant to NLRC Rules and applying further
McBurnie v. Ganzon. Thus:
(a) The filing of a motion to reduce appeal bond
shall be entertained by the NLRC subject to the following
conditions: (1) there is meritorious ground; and (2) a bond
in a reasonable amount is posted;
(b) For purposes of compliance with condition
no. (2), a motion shall be accompanied by the posting of
a provisional cash or surety bond equivalent to ten
percent of the monetary award subject of the appeal,
exclusive of damages and attorney's fees;
(c) Compliance with the foregoing conditions
shall suffice to suspend the running of the 10-day
reglementary period to perfect an appeal from the labor
arbiter's decision to the NLRC;
(d) The NLRC retains its authority and duty to
resolve the motion to reduce bond and determine the
final amount of bond that shall be posted by the
appellant, still in accordance with the standards of
meritorious grounds and reasonable amount; and
(e) In the event that the NLRC denies the motion
to reduce bond, or requires a bond that exceeds the
amount of the provisional bond, the appellant shall be
given a fresh period of ten 10 days from notice of the
NLRC order within which to perfect the appeal by posting
the required appeal bond.
In all cases, the appellant shall furnish a copy of the memorandum
of appeal to the other party, who shall file an answer not later than
10 calendar days from receipt thereof.
The Commission shall decide all cases within 20 calendar days
from receipt of the answer of the appellee. The decision of the
Commission shall be final and executor after 10 calendar days
from receipt thereof by the parties.
Note: Prohibited acts are all related to the workers selforganizational right and observance of CBA, except Art. 259(f),
dismissing or prejudicing an employee for giving testimony under
the Code
No criminal prosecution under this Title may be instituted without a
final judgment finding that an unfair labor practice was committed,
having been first obtained in the preceding paragraph. During the
pendency of such administrative proceeding, the running of the
period of prescription of the criminal offense herein penalized shall
be considered interrupted: Provided, however, that the final
judgment in the administrative proceedings shall not be binding in
the criminal case nor be considered as evidence of guilt but
merely as proof of compliance of the requirements therein set
forth.
ELEMENTS:
(1) Existence of ER-EE relationship
(2) Act don is expressly defined in the code as an act of ULP
Anti-union or anti-right to self-organization motive must be
proved because it is a definitional element of ULP.
The burden of proof falls on the shoulders of petitioner to
establish or substantiate a claim of ULP.
ULP BY EMPLOYERS (Art. 259): (IY-C2D2-VPV)
(1) Interference: to interfere with, restrain, or coerce
employees in the exercise of their right to selforganization
Totality of Conduct Doctrine: The culpability
of employers remarks is to be evaluated not
only on the basis of their implications, but
against the background of and in conjunction
with collateral circumstances.
(2) Yellow Dog Condition: to require as a condition of
employment that a person or employee shall not join a
labor organization or shall withdraw from one to which he
belongs
(3) Contracting Out: 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-organization
(4) Company-Domination of Union: 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 its organizers
and officers
(5) Discrimination: in regard to wages, hours of work and
other terms and conditions of employment in order to
encourage or discourage membership in any labor
organization
FOUR
FACTORS
IN
DETERMINING
THE
APPROPRIATE BARGAINING UNIT: (CHEG)
(1) Community of Interest Doctrine or
Substantial
Mutual
Interest
Rule:
characterized by the similarity of
employment status, same duties, and
responsibilities and substantially similar
compensation and working conditions.
(2) Prior collective bargaining history
(3) Employment status
(4) Globe Doctrine: based on the express will
or desire of the workers. In defining the
appropriate bargaining unit, the determining
factor is the desire of the workers
themselves.
EXCLUSIVE BARGAINING REPRESENTATIVE: Legitimate labor
organization duly recognized or certified as the sole and exclusive
bargaining representative or agent of all the employees in a
bargaining unit.
MEANS TO DETERMINE EXCLUSIVE BARGAINING
REPRESENTATIVE:
(1) By Petition for Certification Election of
Legitimate Labor Organization
a. Organized Establishment
b. Unorganized Establishment
(2) By Petition for Certification Election of
Employer, when requested to bargain
collectively in a bargaining unit where no
registered collective bargaining agreement
exists
(3) By Voluntary Recognition
(See MemAid 2016 for discussion on procedure,
pp.132-136)