MULTIPLE CHOICE QUESTIONS

LABOR RELATIONS LAW

Atty. Benedict Guirey Kato

Bar Reviewer, Labor Law

Labor Relations Principles

1.

Federations shall be composed of at least 10 affiliates, all of which

must be legitimate labor organizations and certified exclusive
bargaining representatives. This stringent requirement, where the
required number is whimsical as to make the formation of federations
difficult, is consonant with the old one union one industry policy.
It is contrary to the present principle of ____________________.
(a)
free trade unionism;
(b)
free collective bargaining;
(c)
participation;
(d)
united labor movement.

2.
Which of the following is anathema to the principle of free collective
bargaining?
(a)
direct certification;
(b)
inclusion-exclusion proceedings;
(c)
CE appeals in unorganized establishments;
(d)
injunction.
3.
The
effectuates
(a)
(b)
(c)
(d)

present composition of both the NLRC and wage boards

which principle?
participation;
balancing of interest;
democracy;
tripartism.

4.
The No Injunction Principle admits of exceptions.
Which of the
following powers of the DOLE Secretary
may derogate this principle?
(a)
visitorial power;
(b)
review power;
(c)
assumption power;
(d)
suspension power.
5.

Which of the following is covered by the Principle of Participation?

(a)
(b)
(c)
(d)

co-determination;
co-management;
board representation;
CODI membership.

Mother MCQs on Security of Tenure

1.
If asked to determine an illegal dismissal as basis for awarding relief,
like backwages, one must do the following:
FIRST, determine the existence of employer-employee relationship;
SECOND, determine if said relationship has been completely severed;
THIRD, determine if the employer has performed an over act resulting
in complete severance of the relationship;
FOURTH, determine if the severance is for a just or authorized cause.
Which of the foregoing is accomplished with the Economic Reality Test?
(a)
the FIRST;
(b)
the SECOND;
(c)
the THIRD;
(d)
the FOURTH.
2.

An at-will employee is one (a)

who can be dismissed for any cause, or no cause at all;
(b)
who reports for work in his own sweet time;
(c )
who works against his will;
(d)
who carries out the will of his employer.

3.

At-will employment derogates which of the following rights?

(a)
full employment;
(b)
security of tenure;
(c)
self-organization;
(d)
involuntary servitude.

4.
The Complete Severance Test is needed because there are instances,
like the following, wherein there may be
cessation of work but still no
dismissal obtains. Which instance is NOT one of them?
(a)
lockout in January, 2011;
(b)
rendition of military duty from March to August, 2011;
(c)
suspension of business operations from June to October, 2011,
to repair machineries;
(d)
preventive suspension for the entire Month of May, 2011.
Note: May has 31 days.
5.
The Overt Act Test is needed because there may be complete
severance of employer-employee relationship yet no
dismissal obtains.
Which of the following illustrates this?
(a)
constructive dismissal;

(b)
(c)
(d)
6.

completion of project;
automation;
elimination of a red-circle position.

A valid dismissal is one which (a)

results from automation, separation pay having been paid;
(b)
is grounded on serious misconduct, with due process preceding

it;
(c)
is anchored on a ground expressly listed under Art. 282, or
Art. 283 of PD 442;
(d)
is for a just or authorized cause.
7.
Compliance with prescribed pre-termination procedure has the legal
effect of (a)
rendering the ground for dismissal credible;
(b)
showing the good faith character of the dismissal;
(c)
giving the concerned employee time to look for a new
employment;
(d)
according the concerned employee opportunity to protect his
employment.
8.
The legal effect of non-compliance with statutory due process in
effecting a dismissal is:
(a)
it renders the dismissal illegal;
(b)
it renders the dismissal ineffectual;
(c)
it justifies the award of moral and exemplary damages;
(d)
it gives factual basis for assessing nominal damages.
9.
if:

A dismissal is grievable, hence outside the Labor Arbiters jurisdiction,

(a)
the CBA has an express stipulation that all disputes shall be
brought to voluntary arbitration;
(b)
the dismissal is for violation of company personnel policy, and
interpretation, implementation or
administration of said
policy is yet to be completed;
(c)
the dismissed employee chooses to go to the grievance
machinery;
(d)
the Office fo the LA is forum non conveniens.
10.

A validly dismissed employee can still exercise his rights under the law
on self-organization if his dismissal is by reason of, or in connection
with a current labor dispute or unfair labor practice, and he has not yet
found a substantially equivalent and regular employment. In addition,
(a)
he has been
offered reinstatement during mandatory
preliminary conference;
(b)
he filed a complaint for unfair labor practice with a forum of
appropriate jurisdiction;
(c)
he contested his dismissal before a forum of appropriate
jurisdiction;
(d)
he filed a complaint for reinstatement with the LA or VA.

Mother MCQs on Self-Organization

1.
If asked to articulate in simple terms the legal significance
organization,
One may say:
A
(1)
(2)

of self-

in unity there is strength;

in unionism there is collective strength;

Expectedly, self-organization:
B
(1)
will diminish the strength of an employer in the
fixing of the terms and conditions
of
employment;
(2)
will even the playing field so that workers can
bargain or negotiate for better
terms
and
conditions of employment on a more or less equal footing.
Therefore, it would be correct to postulate as follows:
(a)
(b)
(c)
(d)

A(1)
A(2)
A(1)
A(2)

and
and
and
and

B(1);
B(1);
B(2);
B(2).

2.

The constitutional telos of self-organization is/are the following:

(a)
collective bargaining and negotiations;
(b)
strike;
(c)
participation;
(d)
regulation of employer-employee relationship.

3.

The right to strike is inherent in the right to:

(a)
full protection;
(b)
just share in the fruits of production;
(c)
security of tenure;
(d)
self-organization;

4.
The following can join, assist, form labor organizations under Articles
243, 244 and 245, PD 442:
(1)
all employees of commercial, industrial and agricultural
establishments, and of all
charitable,
religious, educational and medical institutions;
(2)
all ambulant, itinerant, and rural workers,, as well as workers
with no definite
employers, intermittent workers
and the self-employed;
(3)
all GOCC employees; and
(4)
all supervisory employees.

Which group of workers cannot exercise the constitutional right to

collective negotiations?
(a)
(b)
(c)
(d)

Group
Group
Group
Group

(1);
(2);
(3);
(4).

5.
Filipino employees of foreign governments and
organizations are disqualified from organizing
because:
A

international

(1)
their employers enjoy immunity from suit;
(2)
alien employees of the Philippine government on
foreign soil cannot organize;
This (your choice) means
B
(1)
if allowed to exercise the right to self-organization,
their employers would
possibly be dragged to
court one day; however, they enjoy immunity from suit;
(2)
the Principle of Reciprocity operates only when
aliens seek to exercise the right to
organize in the
Philippines;
Therefore, should these employees be locked out,
C
Arbiter;

(1)

they could not sue their employers before the Labor

(2)

they have to sue their employers abroad.

Which of the following justifies and illustrates the disqualification?

(a)
(b)
(c)
(d)

1
2
1
2

2
2
1
1

1;
1;
1;
2.

6.
Regardless of his rank and period of employment, a new employee can
join a union of his choice. Which of the
following
is
unconditionally
implied by this right?
(a)
he can vote in a certification election;
(b)
he can participate in a strike vote;
(c)
he can resign from his union;
(d)
he can participate in the adoption of major union policies.

7.
Labor organizations may be created thru independent registration (IR)
or chartering (C). These 2 modes of organization differ as follows:
LLO Status
Certification & Attestation
IR
After CR is issued
C
After CC is issued

20% Requirement

CE Petition

Issuance of CR
Required
Submission
Not required

Required
Not required

In other words, IR differs from C as follows:

(1)
In IR, an LO becomes an LLO upon issuance of its CR; in C, an
LO becomes an LLO upon
submission
of
registration
requirements;
(2)
In IR, a list of members comprising at least 20% of the workers
of the CBU to which the LO belongs is a
registration requirement;
in C, it is not a registration requirement;
(3)
In IR, an LO can petition for CE only if it is issued its CR; in C, it
is enough that it has been issued its
Charter Certificate (CC);
(4)
In IR, all registration requirements must be certified and attested
to; in C, only the CC must be
certified and attested to.
Which of the foregoing distinctions is questionable?
(a)
(1);
(b)
(2);
(c)
(3);
(d)
(4).
8.

Stem. Union busting: Self-organization; ____________ : Strike.

Options:
(a)
(b)
(c)
(d)

lockout;
contracting out;
injunction;
assumption.

Note: This is a verbal analogy MCQ. The 1st part is an act; the 2nd a
constitutionally protected right. The 1st
violates the 2nd.
The correct
choice is that which has the same structure.
9.

A
An establishment may be organized or unorganized depending on
whether it has a CBA with a
duly selected and certified EBR. In which of
the following is ones knowledge of this distinction without use?
(a)
(b)
(c)

resolution of wage distortion disputes;

extent of duty to bargain;
appeals from CE orders;

(d)
(e)

effectivity of new economic provisions of a CBA;

procedure for dismissing expelled union officers.

The following are explanatory MCQs.

B
Anent (1),
why are wage distortion disputes in unorganized
establishments brought to the NCMB then referred to
the Labor Arbiter if
unresolved? Because
(a)
what makes an establishment unorganized is the absence of a
CBA, and without a CBA one will not be
able to find a
Grievance Machinery to bring the dispute to;
(b)
x
x
x
(c)
x
x
x
(d)
x
x
x
C
Anent (2), why is there a third duty in Art. 251 when the establishment
is organized as against 2 only when
unorganized? Because
(a)
what makes an establishment organized is the existence of a
CBA, and with a CBA there is something to
observe while it is
effective;
(b)
x
x
x
(c)
x
x
x
(d)
x
x
x
D
Anent (3), why can employers
establishment is unorganized? Because

not

appeal

CE

orders

if

the

(a)
Although amendatory of Art. 259 (hence, void supposed to be),
D.O. 40-03 provides so.
(b)
x
x
x
(c)
x
x
x
(d)
x
x
x

10.

A
For lawful and sufficient consideration, can parties to a CBA enter into
a 10-year CBA moratorium agreement
without violating Art. 253-A (5
year political life of CBAs)?
(a)
It depends. If national interest is at stake, they can; otherwise,
they cannot;
(b)
Absolutely. CBAs are governed by the Principle of Freedom of
Contracts;
(c)
Yes. The purpose of both Art. 253 A and the moratorium is to
stabilize industrial relations;

(d)

No. The agreement would be void for being contrary to Art. 253-

A.

Explanatory MCQs:
B

What gives evidence to the fact that CBAs, as contracts, are governed
by the Principle of Obligatory Force of Contracts?
(a)
(b)
(c)
(d)

Violation of a CBA is ULP under both Art. 248 and Art. 249;
x
x
x
x
x
x
x
x
x

RANDOM MCQS
1.

Under the law on strikes,

I
a strike vote must be preceded by a 24-hour notice
to the NLRC;
II
the conversion of a notice of strike to preventive
mediation drops the strike
notice from the roll of
strike notices;
III
backwages are a matter of right;
IV
all GOCC employees can strike.
The foregoing propositions are True or False as follows:
(a)
I, II, III and IV are True;
(b)
I & II are True, while III & IV are false;
(c)
II is True, while I, III & IV are False;
(d)
I, II, III and IV are False.
2.
Rule 1:
A final decision in an administrative case finding
sexual harassment is not a
precondition of the
filing of both civil and criminal complaints for sexual harassment.
Rule 2:
A final decision in an administrative case finding
commission of sexual harassment is
non-prejudicial.
Therefore, it is most correct to infer that:
(a)
a civil action for damages based on sexual harassment can
proceed independently of the
administrative case,
and a final decision in the latter case will not downgrade the
quantum of proof from preponderance of evidence to
substantial evidence;

(b)
a criminal action for sexual harassment can proceed
independently of the administrative
case, and a final
decision in the latter case will not downgrade the quantum of proof
from
proof beyond reasonable doubt to substantial
evidence;
(c)
the civil action can proceed independently and a final
decision in the administrative case
finding sexual
harassment will not relieve the plaintiff of adducing preponderant
evidence;
(d)
the criminal action will proceed independently of the
administrative case and an administrative
finding of guilt for
sexual harassment will not relieve the court of its duty
to convict
only
upon proof beyond a shadow of doubt.
3.

The substance of an activity, not its appearance, is the

determinant of a strike. Thus, there is no strike if:
(a)
the activity is a temporary stoppage of work;
(b)
it is carried out thru concerted action;
(c)
it is the result of a labor dispute;
(d)
it is resorted to as a means to petition for redress of
grievances.

4.

Sexual harassment is committed in :

I
II
III

a work, education or training environment;

an office, school or place of OJT;
a convent, comfort room or camping site;

A
B

an employer, teacher or trainor;

a person with moral ascendancy, authority or

a priest, co-employee or scout master;

by :

influence;
who :
1
2
3
favor;

touches the breasts, hips or butt;

who licks, fondles or rubs;
who demands, requests or requires sexual

In other words, sexual harassment is present in:

(a)
(b)
(c)
(d)

II, A and 1;
I, B and 3;
III, C and 2;
I, A and 3.

5.
If faced with the problem of determining whether or not to
dismiss a union member for his
participation in an illegal strike,
the first question an employer must ask is (a)
Is the Principle of Vicarious Liability applicable?;
(b)
Did the union member vote in favor of the illegal strike?;
(c)
Has the union member rendered aid and comfort to the
union officers?;
(d)
Has the union member committed illegal acts during the
strike?.
6.

A certification election is not barred by the Contract Bar if:

(a)
it is filed before the onset of the Freedom Period and the
members of the EBR have withdrawn their
membership
therefrom en masse;
(b)
it is filed outside the Freedom Period and the CBA is a
sweetheart CBA;
(c)
it is filed before the onset of the Freedom Period and the
CBA has no grievance machinery;
(d)
it is filed outside the Freedom Period and the CBA is not yet
deregistered.

7.
Sec. 3, Art. XIII of the Constitution guarantess to workers their
right to self-organization. Under Art. 13 of the
Labor Code, as
amended, a worker is any member of the labor force, whether
employed or
not. A managerial
employee is a member of the
work force; hence, he is a worker with right to self- organization.
However, Art. 245 of the Labor Code disqualifies him from
organizing. Based on the
foregoing (a)
Art. 245 is unconstitutional;
(b)
Managerial employees cannot organize for all legal intents
and purposes;
(c)
Managerial employees cannot join either a rank-and-file
union or a supervisory union;
(d)
Managerial employees cannot organize if their purpose is
collective bargaining.
8.

The Labor Secretary motu proprio assumed jurisdiction over a

dispute involving production of condoms and directed immediate
return to work The assumption is unlawful because
(a)
production of condoms does not involve national interest;

(b)
neither party to the dispute petitioned for assumption;
(c)
it is President Aquino who has the power to assume
jurisdiction in this case;
(d)
the CBCP was not consulted.
9.

A strike is unlawful if
(a)
it is preceded by full compliance with pre-strike procedure;
it is not enjoined or prohibited; it is
carried out thru lawful
means; and it is in protest to a ULP;
(b)
it is carried out thru lawful means after compliance with
prescribed procedure, provided it is not enjoined,
nor
prohibited by law or contract; and it is in protest of union
busting;
(c)
it is not preceded by the giving of a strike notice,
observance of cooling-off period,
conduct
of strike
vote,
reporting of strike vote result and observance of the strike ban;
(d)
it is grounded on either ULP or bargaining deadlock,
preceded by compliance with pre-strike procedure, not enjoined
and not prohibited, and carried out thru lawful means.

10.

The owner of a hotel whose employees cannot gain entry into his
premises because of an illegal blockade put up by
the
employees of a restaurant staging a strike at the ground floor of
the same building where the two businesses are being conducted
can procure a temporary restraining order (TRO) against the said
strikers from the Regional Trial Court sans jurisdictional
impediments under the
(a)
Standby Rule;
(b)
Innocent Bystander Rule;
(c)
Court of General Jurisdiction rule;
(d)
Incapable of Pecuniary Estimation rule.

11.

The Voluntary Arbitrator acquires jurisdiction over a case thru the

following modes, with the exception of
(a)
submission agreement;
(b)
notice to arbitrate given by any union;
(c)
appointment of a voluntary arbitrator;
(d)
notice to arbitrate given by the EBR.

12.

A strike is a
(a)
temporary stoppage of work, staged thru concerted action,
as a result of a labor dispute;
(b)
temporary withholding of work, staged thru vote of
majority, as a result of bargaining deadlock;

(c)
temporary cessation of work, staged after compliance with
prescribed procedure, to compel
economic concessions from
the employer;
(d)
temporary withholding of work, to protest an unfair labor
practice, after full
compliance with pre-strike
procedure.
13. Assertion (A):
It is the policy of the State to promote
unionism.
Reason (R) :
There is a need to level off the field so that
workers can bargain with employers
more
effectively.
(a)

A is True and R is True, but R is not the correct explanation

(b)

A is True and R is True, and R is the correct explanation for

(c)
(d)

A is True and R is False;

A is True and R is sometimes True and sometimes False.

for A;
A;

14. If an employee is suffering from a disease of such nature, or at

such stage, that it is incurable
within 6
months
even with
adequate medical attention, as certified to by a competent public
health authority, then (a)
he can be laid off and recalled after 6 months;
(b)
he can be suspended until he gets well;
(c)
he can be dismissed and paid separation pay;
(d)
he can be transferred so that the spread of the disease can
be averted.
15. Under the Cognate Offenses Rule, an employee can be punished
with dismissal for his present offense
and previously punished
offenses, except in the following:
(a)
Present Offense (loss of trust & confidence) ; Previous
Offenses (absenteeism,
tardiness & violation of
meal rules)
(b)
Present Offense (abandonment) ; Previous Offenses
(tardiness, absenteeism & simple
neglect of duty)
(c)
Present Offense (serious misconduct) ; Previous Offenses
(use of shabu, theft &
dishonesty)
(d)
Present Offense (gross & habitual neglect of duty) ;
Previous Offenses (sleeping on the
job, gross
inefficiency, absenteeism & tardiness)

16. Except that in 2010 Congress re-enacted thru R.A. 10022 the
formula in Sec. 10, R.A. 8042 which the Supreme Court nullified in
2009, said formula is still void because it violates (a)
the Due Process Clause, the Equal Protection Clause, and
the Non-impairment Clause;
(b)
the Due Process Clause, the Full Protection Clause, and the
Equal Protection Clause;
(c)
the Due Process Clause, the Equal Protection Clause and
the Social Justice Clause;
(d)
the Due Process Clause and the Equal Protection Clause.
17. Match the following 4 provisions as indicated by the Roman
numerals with the 4 subject matters
as
indicated by the Arabic
numerals and encircle the choice/option representing the correct
match:
The Labor Code, as amended, in
I
II
III
IV

Art.
Art.
Art.
Art.

211;
277;
282;
285;

is about, provides for, or touches on:

(1)
(2)
(3)
(4)
I

constructive dismissal;
free collective bargaining;
just causes;
statutory due process.
II

III

IV

(a)

(1)

(3)

(2)

(4);

(b)

(2)

(4)

(3)

(1);

(c)

(2)

(4)

(1)

(3);

(d)

(4)

(3)

(2)

(1).

18. Except in one of the following instances (which is to be

encircled), constructive dismissal obtains when
continued
employment-

(a)
is rendered impossible by an employer who subjects his
employee to inhuman and
unbearable treatment;
(b)
is rendered unlikely by an employer who insists on an
unwanted scalar transfer;
(c)
is rendered prejudicial to an employee whose salaries are
not being paid;
(d)
is rendered inconvenient thru an untimely lateral
transfer.
19.

The Hold-Over Doctrine finds application in a case where (a)

The political life of a CBA has expired and there is no new
CBA yet;
(b)
The economic life of a CBA has expired and there is no new
CBA yet;
(c)
The economic provisions of a CBA have not been
renegotiated before the lapse of 3
years from
effectivity thereof;
(d)
The economic provisions of a CBA have been re-negotiated
after 6 months following
expiry thereof.
20.

An Automatic Renewal Clause applies when (a)

The political life of a CBA has expired and there is no new
CBA yet;
(b)
The political life of a CBA has expired and the new CBA is
signed on a date way past the
old CBAs expiry date;
(c)
The political life of a CBA has expired and the new CBA is
to take effect on a later date
as agreed upon by the
parties;
(d)
The political life of a CBA has expired and the time
between date of said expiry and date
of effectivity of
the new CBA exceeds 6 months.
21. Under the Substitutionary Doctrine, the legal effect of the mass
resignation of members from the contracting union to join the
membership of another union is:
(a)
the life of the current CBA can be shortened;
(b)
the current CBA can be disregarded;
(c)
the majority union can take the place of the abandoned
contracting union;
(d)
the contracting union can ask the company to dismiss its
resigned members.
22. The following notices do not satisfy the notice requirement of
statutory due process, except:
(a)
newspaper notice;
(b)
vague notice;

(c)
(d)
23.

emailed notice;
pro-forma notice.

Article 286 of the Labor Code, as amended, gives 4

circumstances in which there is no dismissal, i.e., even if there is
a cessation of work. The reason is
(a)
there is no overt act of dismissal;
(b)

there is no complete severance of employer-employee

relationship;

(c)

there is temporary stoppage of work;

(d)

there is temporary withholding of work.

24. Rule: No injunctions shall be issued in labor disputes. (Art. 254,

Labor Code).
Exception: An Assumption Order issued in a national interest
case is in effect an injunction.
(Art. 263,g,
Labor Code).
Therefore:
(a)
strikers cannot refuse to return to work; otherwise, they
can be dismissed despite the no
injunction policy;
(b)
the employer must admit the strikers back to work;
provided , its motion for
reconsideration be first
resolved;
(c)
as an exception to the exception, strikers can ask for 24
hours within which to comply;
(d)
as an exception to the exception, the employer may admit
the strikers back on payroll.
25. Rule: The jurisdiction of the Labor Arbiter over a money claim is
determined by the reasonable
causal connection of
said claim to employer-employee relationship.
Exception: Even if employer-employee relationship has not yet
commenced thru deployment , the Labor
Arbiter has
jurisdiction if the employment contract of an OFW has already been
perfected.
Exception to Exception: The Labor Arbiter has no jurisdiction,
however, if the money claim is

resolvable by reference to other laws. The following are examples

hereof, with
thE exception of:
(a)
The respondent may
question the Labor Arbiters
assumption of jurisdiction over a damage
claim of
an undeployed OFW with a signed contract suing for damages
under Art. 19 of the New
Civil Code for abuse of rights;
(b)
The respondent
may question the
Labor Arbiters
assumption of jurisdiction over a money
claim
arising from non-deployment of an OFW with a signed contract;
(c)
The respondent may question the Labor Arbiters
assumption of jurisdiction over a money
claim of
an undeployed worker with a signed contract arising from the
quasi-delict of his
future employers
duly
authorized agent;
(d)
The respondent may
question the Labor Arbiters
assumption of jurisdiction over a money
claim of
an undeployed OFW with a signed contract based on his future
employers violation
of an innominate contract.
26. Old Jurisprudence: An employee who is reinstated on the payroll
pending appeal by the employer is required to reimburse his salaries
in the event of a reversal on appeal of the Labor Arbiters decision.
Current Jurisprudence: He is not required to reimburse.
Ratio Decidendi:
(a)
the Principle of Solutio Indebiti has no application in labor
cases;
(b)
the employee would not have agreed to payroll
reinstatement if he was told beforehand that
he would
reimburse;
(c)
no employee would ever agree to payroll reinstatement if
required to reimburse later;
(d)
the option to effect payroll reinstatement belongs to the
employer; hence, the employee
should not be punished
by requiring him to make reimbursement.
27. Old law: Before its amendment, Art. 239 of the Labor Code
provided for the grounds of cancellation of a
unions certificate of
registration, one of which is failure to submit the required registration
documents.
Current Law:
Amending Art. 239, R.A. 9481 has done way with
said ground, there being 3 grounds only,
namely:
(a)
misrepresentation, false statement or fraud relative to
the

incidents of the adoption of the unions CBL; (b) misrepresentation,

false statement or fraud relative to the incidents of the election of
union officers; and (c) voluntary dissolution.
Ratio Legis:
(a)
Congress has the absolute power to amend laws;
(b)
registration documents are submitted before issuance of
certificates of registration;
(c)
if the required registration documents are not submitted
then a certificate of registration
will not be issued; and
if none is issued then there is nothing to cancel;
(d)
the policy of the State is to promote unionism and
discourage cancellation.
28. Union busting is committed when a duly elected union officer is
dismissed and his dismissal tends to
weaken
his union. Thus,
an employer who is actuated by anti-union animus commits unfair
labor practice when he dismisses (a)
a liaison officer;
(b)
a shop steward;
(c)
a union consultant;
(d)
a CBA negotiator.
29. Labor tribunals have the jurisdiction to hear and resolve actions
obtaining between employers and employees,
especially
in
the
following case:
(a)
replevin to recover a car acquired by an employee under a
company car plan;
(b)
declaratory relief to nullify a CBA provision;
(c)
action for damages arising from an employers quasi-delict;
(d)
action for damages for violation of the 30-day notice rule
by a resigning employee.
30. Length of service is not a premium to be enjoyed by an
employee dismissed on grounds of serious
misconduct,
dishonesty, or those reflecting on his moral character. Hence, one who
steals
company money
should
be awarded neither
separation pay nor financial assistance on the basis of his 25
years
of service because (a)
acts of dishonesty deserve no compassion;
(b)
solutio indebiti does not apply; hence, the money stolen
will tide him over;
(c)
during his 25 years of service he should have deepened his
loyalty;
(d)
social justice does not authorize the oppression of an
employer.

31. Art. 277 (d) provides that no docket fees shall be assessed in
labor standards disputes (a)
in bargaining deadlocks, docket fees shall not be assessed
also;
(b)
in labor relations disputes, docket fees shall be assessed;
(c)
in other disputes, docket fees may be assessed;
(d)
in labor relations disputes, docket fees may be assessed.
32.

The following are unfair labor practices, except:

(a)
refusal to bargain;
(b)
evasion of the duty to bargain;
(c)
violation of the right of workers to minimum wage;
(d)
violation of the collective bargaining agreement.

33.

In law, the right to self-organization is (a)

II, D, 1 and b;
(b)
III, B, 3 and c;
(c)
I, C, 2 and d;
(d)
IV, A, 4 and a.
because self-organization is the right:
I
to form a union;
II
to affiliate with a federation;
III
to join, assist or form a labor organization;
IV
to form an association for purposes not contrary to

law;
It immediately implies the right:
A
not to join a union;
B
to collective bargaining;
C
to strike;
D
to picket;
It is guaranteed to all employees, except :
1
employees in all commercial, industrial and
agricultural establishments;
2
ambulant, itinerant, rural workers, intermittent
workers, and the self-employed;
3
confidential employees;
4
employees of cooperatives who are not members;
Its purpose/s is/are:
a
collective bargaining, strike and picketing;

b
collective bargaining and negotiations, and peaceful
concerted activities;
c
collective bargaining, dealing with the employer, or
mutual aid and comfort;
d
collective bargaining leading to a collective
bargaining agreement that achieves
socioeconomic equality.
34. An employee can be lawfully dismissed on the ground of serious
misconduct if : (a) his misconduct involves the
transgression of
some established and definite rule of action, a forbidden
act
or
dereliction of duty; (b) it is willful in character; (c) it implies
wrongful intent and not mere error of
judgment; and (d) it has
connection to the work he performs. Thus, this ground is not
available when:
(a)
a PAL mechanic is caught using shabu;
(b)
a BDO teller is uploaded in the internet having sex inside
an SUV wearing a BDO
uniform at the banks parking
lot;
(c)
a Law instructor is overheard asking a Law student to
buy him a SCRA volume as
his examination permit;
(d)
a male Law professor changes the failing grade of a
female Law student to pass her
because she
broke up with her boyfriend 1 day before finals.
35. Willful disobedience entails the concurrence of at least 2
requisites: the employees assailed
conduct
is willful
or
intentional, the willfulness being characterized by a wrongful and
perverse attitude; and
the order violated
must
be
reasonable, lawful and made known to the employee and must
pertain to the duties he
has been engaged to discharge.
Therefore, an employee can be
lawfully terminated when (a)
he refuses to testify for the company in a ULP case under
Art. 248;
(b)
he refuses to tell on co-employees suspected of theft of
company computers;
(c)
he refuses to render overtime work to meet a production
deadline;
(d)
he refuses a scalar transfer.
36. In his arbitral award in a collective bargaining in which the
parties are deadlocked on several matters
( except
on a union
security clause which they have mutually agreed upon to be a union
shop; on a no- strike clause ; on a P25.00 salary increase; and on

the period of the CBA which was 10 years), the

DOLE Secretary
can (a)
change the union security clause from union shop to a
closed-shop provision;
(b)
change the no-strike clause to a compulsory arbitration
clause;
(c)
change the salary increase from P25.00 to P30.00;
(d)
change the stipulated life of the CBA from 10 years to 5
years.
37. Inclusion: Art. 234 lists down labor organizations as:
federations, national unions, industry
unions,
trade union centers and independent unions.
Exclusion: Art. 234-A omits trade union centers from the list of
labor organizations that can
charter locals.
Ergo:
(a)
locals chartered
labor organizations;
(b)
locals chartered
certification election;
(c)
locals chartered
properties;
(d)
locals chartered
their members.

by trade union centers cannot become

by trade union centers cannot petition for
by trade union centers cannot own
by trade union centers cannot represent

38. In Sim vs. NLRC, 2007, the Supreme Court has characterized
Labor Relations Law as extra- territorial by
reason of Sec. 10, RA
8042. This means that (a)
a Filipino national hired abroad by a Filipino bank has a
cause of action against said bank;
(b)
a Filipino national who has entered into an employment
contract with a Filipino bank in a
foreign
country can sue
in the Philippines under Sec. 10, RA 8042;
(c)
a Filipino bank cannot be sued in a Philippine embassy by a
Filipino national who has
joined its employ
abroad;
(d)
a foreign-based Filipino bank, invoking lex ex contractu,
cannot move to dismiss the money
complaint of its Filipino
employee on the ground of lack of jurisdiction.
39. A foreign-owned corporation enjoys immunity if it is
unregistered. If registered under a foreign private
law, it has no
immunity if the private law under which it is registered (a)
gives it the power to sue and to be sued;
(b)
is proven to be the same as Philippine law;

(c)
is not proven; hence, it is presumed to be the same as the
Philippine Corporation Code;
(d)
allows the corporation to waive immunity at all times.
40. The Supreme Court exhorts: The policy of ( full protection to
labor, social justice) is not intended to
countenance (doing wrong,
wrongdoing) simply because it is committed by the (poor, underprivileged). At
best it
may (temper, mitigate) the penalty
but it certainly will not (extinguish,condone)
the
offense.
Compassion for the (workingman, poor) is the (imperative,
dictate) of every humane society but only when
the
recipient is not a (jackal, rascal) claiming an underserved privilege.
Social justice cannot be permitted to be the refuge of (squirrels,
scoundrels) any more than can equity be an impediment to the
punishment of the guilty.
Those
who invoke social justice may
do so only if their (feet, hands) are clean and their motives blameless
and not simply because they happen to be (pitiful, poor).
(a)
social justice; wrongdoing; poor; mitigate; condone;
workingman; imperative; rascal;
scoundrels;
hands; poor;
(b)
full protection to labor; doing wrong; under-privileged;
temper; extinguish; workingman;
dictate;
jackal;
squirrels; feet; pitiful;
(c)
full protection to labor; wrongdoing; poor; temper;
condone; poor; imperative; rascal;
scoundrels
;
hands; poor;
(d)
social justice; wrongdoing; poor; mitigate; condone; poor ;
imperative; rascal;
scoundrels; hands; poor.
41. Labor Code: Art. 277 (b) of the Labor Code uses the phrase
ample opportunity to be heard as a
requirement
of
statutory
due process.
Implementing Rule: Sec. 2, Rule XIII, Book V , ORILC, uses the
phrase hearing or conference to
implement the due process
provision of Art. 277.
Reconciliation:
(a)
hearing or conference is not required, but it forms an
essential aspect of ample
opportunity to be heard
if requested by the employee;
(b)
hearing or conference is an integral part of ample
opportunity to be heard;

(c)
ample opportunity to be heard cannot be reduced to
hearing or conference as there are
other
modes
of
effecting it;
(d)
ample opportunity to be heard sometimes requires hearing
or conference and sometime it
does not.
42.

Chen Cha Pong is an employee.

Therefore:
(a)
he receives salaries from an employer;
(b)
he can join a union;
(c)
he can vote in a certification election;
(d)
his means and methods are controlled by an employer.

43. Major Premise:

A law is a substantive law if it creates rights
and imposes obligations.
Minor Premise:
Book III of the Labor Code, as amended,
creates rights for workers and imposes
the
correlative obligation on their employers to respect said rights.
Therefore:
(a)
Book III is part of Labor Standards Law;
(b)
Book III is a substantive law;
(c)
Labor Standards Law is a substantive Law;
(d)
Labor Standards Law creates rights and imposes
obligations.
44.

Major Principle: The State shall afford full protection to labor.

The following is an implied principle:

(a)
Courts shall always bend backwards to uphold labor rights;
(b)
The limit of management prerogatives is the right of a
worker to his employment which
is property in the
constitutional sense;
(c)
In cases of regular employment, employers shall not
dismiss their employees unless for a
just or authorized
cause;
(d)
There is protection even outside the protective provisions
of the Labor Code.
45. Fundamental Right: No person shall be deprived of property
without due process of law.
The following is a penumbral right:
(a)
right to livelihood;

(b)
(c)
(d)

right to security of tenure;

right to a living wage;
right to a just share in the fruits of production.

46. Right:Workers shall be entitled to security of tenure, just and

humane conditions of work, and a
living wage.
The basic correlative obligation of workers is the:
(a)
obligation to render overtime work;
(b)
obligation to render adequate and efficient service;
(c)
obligation to obey lawful orders;
(d)
obligation to be loyal.
47. The President and his Labor Secretary can assume jurisdiction
over disputes in the following
industries, and order the strikers
to immediately return to work and their employer to admit them
back under the same terms and conditions, with the exception
of:
(a)
Chlorine production;
(b)
Contraceptive pills production;
(c)
Roofing materials production;
(d)
Energy production.
48. A series of irregularities committed by an employee constitutes a
just cause for dismissal. Specifically,
said irregularities constitute
or give rise to (a)
serious misconduct;
(b)
loss of trust and confidence;
(c)
analogous cause;
(d)
cognate offenses.
49. A money claim prescribes in 3 years, which period shall be
reckoned from the date said claim (a)
is expressly or impliedly denied;
(b)
is categorically rejected;
(c)
becomes due and demandable;
(d)
can be judicially brought.
50.

Separation pay shall be awarded in case of (a)

alleged or pleaded strained relations;
(b)
proven or substantiated strained relations;
(c)
presumed and/or inferred strained relations;
(d)
alleged and proven strained relations.

51.

Either Henry is a job contractor or he is a labor-only

contractor. He is not a job contractor. Therefore:

(a)
(b)
(c)
(d)

his engagement of workers is prohibited because labor

only contracting is prohibited;
he cannot supply manpower to a project owner because he
is an illegal recruiter;
he is not substantially capitalized and his workers perform
work directly related to the trade of his principal;
he has no investment and his workers are sometimes
under the control of his principal.

52.

If Johnny occupies a red-circle position then his position can

be redundated. If his position can be redundated then he can be
dismissed. If dismissed then he can receive separation pay.
Therefore, if Johnny occupies a red-circle position then(a)
he can receive separation pay;
(b)
he can contest his dismissal before a forum of
appropriate jurisdiction;
(c)
he can be retrenched;
(d)
he can be dismissed for an authorized cause.

53.

Which of the following terms best describes an attitude in

collective bargaining whereby the employer is said to act like a
prostitute, i.e., he goes through the motions without any
emotion:
(a)
blue-sky bargaining;
(b)
surface bargaining;
(c)
evasion;
(d)
hobsonic attitude.

54. It is State policy to promote unionism. To enable workers to

negotiate with management on an even playing field
and
with
more persuasiveness than if they were to individually and separately
bargain with the employer, the
following CBA stipulations are
allowed except:
(a)
maintenance of membership shop;
(b)
union shop;
(c)
closed shop;
(d)
run-away shop.
55. If the President adopts an Open Skies Policy as the means to
protect national interest in the event
FASAP and PAL fail to resolve
their dispute after assumption of jurisdiction by the DOLE Secretary,
the following State policy would be violated:
(a)
Standby Rule;
(b)
No Injunction Policy;

(c)
(d)

Utmost Liberality Rule;

Full Protection Clause.

56. Violation by an employer of statutory due process will not render

the dismissal he has effected illegal.
The only
consequence
thereof is (a)
payment of moral damages;
(b)
payment of exemplary damages;
(c)
payment of nominal damages;
(d)
payment of attorneys fees.
57.

The following is a ULP of an employer:

(a)
Poodle Contract;
(b)
Spitz Concession;
(c)
Yellow Dog Condition;
(d)
Rottweiler Policy.

58. In order for an employer, who has failed to observe statutory

due process when dismissing his
employee who
has
abandoned
his work, to dodge payment of nominal damages, he must interpose
this defense:
(a)
lack of overt act;
(b)
to each his own loss;
(c)
resignation;
(d)
abandonment.
59. The number of voters in a certification election is 353. Only
346 cast their votes, and out of the votes
cast 11
are those of
dismissed employees with pending illegal dismissal cases before the
SC, and 6 are
those of
rank- and-file employees who are now
supervisors. The Med-Arbiter must certify the participating
union
which
garners ______ votes:
(a)
166;
(b)
169;
(c)
171;
(d)
174.
60. Which of the following principles is extraneous to Art. 211 of the
Labor Code, as amended:
(a)
free collective bargaining;
(b)
free trade unionism;
(c)
free choice of employment;
(d)
united labor movement.
61. Which must not be factored in when computing retirement
benefits under Art. 287, PD 442:

(a)
(b)
(c)
(d)

15 days pay;
5 Service Incentive Leave (SIL);
1/12 of 13th Month Pay;
3 months salary for every year of the unexpired term.

62. Which of the following grounds will not support a complaint to

cancel a union registration certificate:
(a)
dual-unionism;
(b)
misrepresentation relative to adoption of CBL;
(c)
voluntary dissolution;
(d)
misrepresentation relative to election of union officers;
63.

Locals can be chartered by the following, to the exclusion of:

(a)
national unions;
(b)
federations;
(c)
industry unions;
(d)
trade union centers.

64.

The following are authorized causes, except:

(a)
retrenchment;
(b)
automation;
(c)
analogous cause;
(d)
redundancy.

.65. The following can organize for mutual aid and protection only,
but not:
(a)
intermittent workers;
(b)
rural workers;
(c)
field personnel;
(d)
self-employed.
66. Which is the most appropriate term to use when referring to a
personal nurse:
(a)
worker;
(b)
employee;
(c)
caregiver;
(d)
health personnel.
67. Which of the following provisions of the Labor Code, as amended,
defines Unfair Labor Practice as a violation of workers exercise of
their right to self-organization:
(a)
Art. 13;
(b)
Art. 212;
(c)
Art. 247;
(d)
Art. 248.

68. In which case did the Supreme Court rule that loss of a motorbike
worth P46,000.00, more or less, was
gross and habitual neglect of
duty even if isolated:
(a)
The 2009 Aparece Case;
(b)
The 2009 LBC Case;
(c)
The 2007 PDI Case;
(d)
The 2008 Meralco Industrial Engineering Case.
69.

How
(a)
(b)
(c)
(d)

much is the registration fee for unions:

P150.00;
P050.00;
P500.00;
P075.00.

70. The consequences of a Return to Work Order/Assumption of

Jurisdiction Order (AJO) are as follows, to the exclusion of (a)
Upon valid service of the AJO, thestrikers must
immediately return. Immediately return does not
give them 24 hours to comply;
(b)
If a dismissal is effected on the very day notice
is posted, the strikers are duty-bound to return to
work while the employer is duty-bound to admit
them under the same terms and conditions, not to
dismiss them;
(c ) Failure to comply amounts to abandonment.
Therefore, the employer should not
dismiss but notify
the strikers of their abandonment at their last known
addresses;
(d)
The employer can admit the strikers back on payroll
or delay compliance by filing a
motion
for
reconsideration.
71.

A suspension will not ripen to a dismissal in the following (a)

(b)
(c)
(d)

72.

suspension of business operations by reason of repair of

machineries beyond 6 months;
suspension of work exceeding 180 days by reason of
the conduct of an inventory;
suspension for 3 1 days of a manager to ensure the
integrity of his secretarys investigation;
suspension of a cashier for 30 days to protect company
funds and properties pending her
investigation.

Rule 1:

Resignation when accepted terminates employment.

Rule 2:
A resignation letter that is not yet accepted can only
be withdrawn with the consent of the
employer.
Rule 3:
If resignation is accepted and the employee wants to
return, he becomes a new work
applicant.
The lesson is:
(a)
One should not yet tender his resignation unless he
has found a new work
elsewhere;
(b)
Employers should never be pressured to give salary
increases with a threat of
resignation;
(c)
A resignation should only be impelled by an honest
purpose;
(d)
He who tenders his resignation must do so only if, for
personal reasons, he has
no
option
but
to
relinquish his employment.
73.

The separation pay if termination is by reason of retrenchment

is lower than when it is by reason of
redundancy
or
automation. The reason for this is (a)
Art. 283, P.D. 442;
(b)
the implementing rule of Art. 283, P.D. 442;
(c)
the employer is financially distressed in the first;
(d)
the employer has gained substantial profits in the second.
74. The reason the
Med-Arbiter cannot suspend a certification
election proceeding on the ground that the
petitioner, as alleged in
a motion to suspend and cancel registration certificate filed by a rival
union
with his
office,
misrepresented
its
registration
requirements is :
(a)
D.O. 40-03 rules out prejudicial questions;
(b)
P.D. 442 provides so;
(c)
The Med-Arbiter has no jurisdiction over cancellation cases;
(d)
The No Collateral Attack Rule controls.
75. When determining the employee status of a newspaper
columnist, which of the following questions is the most
important
to ask:
(a)
in what section does he write?;
(b)
who edits his articles?;
(c)
does he have a deadline?;
(d)
does he write for other newspapers?
76.

Abandonment is contra-indicated by the following, with the

exception of -

(a)

immediate filing of complaint

for illegal dismissal;

(b)
immediate filing of a claim for separation pay;
(c)
contesting a floating status;
(d)
illegal detention.
77.

A private school teacher acquires tenure in the following:

(a)
he has passed the LET; he is full-time; and he has
completed his 3-year probation;
(b)
he is full-time; he has completed his 3-year probation;
and his performance is satisfactory;
(c)
he has passed the LET; he is full-time; and he has
satisfactorily passed his 3-year probation;
(d)
he is full-time;
he has passed the LET;
and his
performance is satisfactory.
78. A non-forum shopping certification is not required of petitions for
certification election (CE) because
(a)
CE petitions are not covered by the Rules of Court but by
the Labor Code;
(b)
CE petitions are not initiatory pleadings;
(c)
Certification elections are not litigations but investigations;
(d)
It is impossible to file CE petitions with other fora.
79. A certification election should be automatically granted if the
establishment is organized and the petition
is filed
within the
freedom period; Provided (a)
50% of all the employees supports it;
(b)
majority of all the employees supports it;
(c)
majority of all the members of the CBU supports it;
(d)
2/3 of all the members of the CBU supports it.
80.

The normal consequences of a finding of illegal dismissal are:

(a)
full backwages and immediate reinstatement;
(b)
full backwages, immediate reinstatement and moral
damages;
(c)
full backwages, immediate reinstatement, damages and
attorneys fees;
(d)
full backwages, immediate reinstatement and nominal
damages.
81. Corporate rehabilitation has the effect of suspending cases
against an employer corporation at any stage they may be. Which of
the following aspects of a determined labor case is deemed not
suspended:
(a)
immediate reinstatement;

(b)
(c)
(d)

pre-execution conference;
issuance of a writ of execution;
enforcement of judgment.

82. If John Hay lays down management policies for a branch of an

establishment then he is a (a)
Top Manager;
(b)
Middle Manager;
(c)
1st level Manager;
(d)
Branch Manager.

83. If in search for the meaning of a labor dispute, one should refer
to (OLD)(a)
Art. 211;
(b)
Art. 212;
(c)
Art. 277;
(d)
Art. 279.
84. If in search for the source of statutory due process, one should
refer to (OLD) (a)
Art. 279;
(b)
Art. 280;
(c)
Art. 281;
(d)
Art. 277.
85. If in search for a provision of law on control as the determinant of
employer-employee relationship, one
should
refer to (a)
Art. 138;
(b)
Art. 277;
(c)
Art. 13;
(d)
Art. 155.
86. The following are regular employees. Who of them is such by
provision of Labor Standards Law?
(a)
a probationary employee allowed to work beyond his
probationary period;
(b)
a casual employee allowed to work beyond 1 year;
(c)
a trainee in semi-skilled work illegally dismissed into his
3rd month of training without fault on
his part;
(d)
a worker performing work of
necessary or desirable
character.
87. As an alternative remedy, separation pay shall be awarded in a
dismissal -

(a)
(b)
(c)
(d)
88.

Who
(a)
(b)
(c)
(d)

effected thru retrenchment;

necessitated by redundancy;
prompted by closure not due to serious business losses;
circumstanced by strained relations.
of the following may not lose his right to security of tenure:
call center agent sleeping on his right;
security guard sleeping on duty;
manager sleeping with his secretary;
bus driver sleeping at the wheel.

89. Which of the following verbal and physical acts may constitute a
ground for dismissal due to serious
misconduct:
(a)
Law Instructor to University President after the Bar
examinations: Mabuhay ang UC! Then he
poured beer on
the latters head;
(b)
Supervisor to Disabled Janitor at a toy store: Kuba, magaral ka nga ng karate. Ikaw na lang
Ninja Turtle pang
display dito! Then he gave him a toy ninja turtle;
(c)
Pastor to Churchgoer: Youre 16. Youre beautiful. And
youre mine. Then he winked at her;
(d)
Pedro to cross-eyed Lady Boss: Maam your very
attractive. Then, while she was looking at
him
very
pleased, he positioned his finger in front of his eyes until they
attracted each other.
90. Which of the following verbal and/or
physical acts may
constitute a ground for dismissal due to insubordination?
Secretary to Boss:
(a)
I open. I close. This is what I do everyday. Then she
threw the office key to the waste
basket;
(b)
I cant take very long dictations. Then she banged the
door behind her;
(c)
Ask me to do anything, Sir, except riding to hell with
you. Then she said Close your
zipper, Asshole!
(d)
I worry about my commas. Please dont make me worry
about my periods too!
Then she closed her legs.
91.
-

The imperative of insubordination as a just cause for dismissal is

(a)
(b)
(c)

the order is lawful and made in good faith;

it is made known to the employee;
it pertains to his duty;

(d)
92.

the employee willfully disobeys it in a perverse manner.

A notice of dismissal for a working Law student states:

You have been caught sniffing shabu.

management intends to dismiss you.
Which
of
following is the applicable ground for your dismissal 1.
commission of a crime;
2.
serious misconduct;
3.
loss of trust and confidence; or
4.
analogous cause?

Hence,
the

Explain within 72 hours from receipt hereof why you

should not be dismissed on the
ground
you
have
selected.
The notice is not proper because:
(a)
it is vague;
(b)
it is a self-incriminating MCQ;
(c)
it is pro-forma;
(d)
the employee is not taking an exam but being
dismissed.
93. Which of the following is the most important characteristic of
employer-employee relationship:
(a)
in personam;
(b)
master and servant relationship;
(c)
question of fact;
(d)
question of law.
94. A CBA renegotiated within 6 months following the expiration on
February 28, 2011 of the economic provisions of the old CBA will take
effect (a)
on the day of expiration, or on February 29, 2011;
(b)
on the day following expiration or on March 1, 2011;
(c)
on the day agreed upon;
(d)
on the date of signing.
95. A case which the NLRC receives from the DOLE Secretary for
compulsory arbitration in national interest
cases is called (a)
certification election case;
(b)
certification case;
(c)
referred wage distortion dispute;
(d)
strike or lockout.
96.

Anti-union animus is exhibited by the following utterance:

(a)
In unity there is strength; but in dismissal there is no
strength anymore!;
(b)
Promote those union leaders!;
(c)
Let us divide; Let us conquer!
(d)
Do not hire ex-union leaders!
97. Relinquishment is to resignation; whereas, quitting is to
constructive dismissal. And voluntariness is to
relinquishment;
whereas, _________ is to quitting.
(a)
force;
(b)
intimidation;
(c)
duress;
(d)
undue pressure.
98.

A labor dispute obtains even if the disputants (a)

do not stand in the relational situation of
employee;
(b)
do not stand factually and legally
as
employee;
(c)
do not stand in the proximate relation of
employee;
(d)
do not stand in the immediate relation of
employee.
99. The
mediation
(a)
(b)
(c)
(d)

employer and
employer and
employer and
employer and

conversion by the NCMB of a notice of strike to preventive

has the immediate effect of making the strike illegal;
dropping the notice from the docket of strike notices;
requiring a second notice;
making the issue/s raised non-strikable.

100. ______________ employees, unlike ______________ employees, can

be validly dismissed on the ground of loss of
trust and confidence as
long as the employer has some basis.
(a)
confidential; casual;
(b)
supervisory; probationary employees;
(c)
managerial employees; rank-and-file;
(d)
private ; government.
101. Union _______________, unlike union ____________, can be
dismissed for their mere
participation in an
illegal
strike.
(a)
presidents; secretaries;
(b)
organizers; followers;
(c)
advisers; employees;
(d)
officers; members.

102. Until _______, a rule implementing the Labor Code which is

otherwise void is valid and will continue to
produce
legal
effects.
(a)
modified;
(b)
repealed;
(c)
annulled;
(d)
recalled.
103. The 2 wage groups at Universal Co. have the following wage
rates : Wage Group A at minimum daily wage of
P300 and Wage
Group B at P350. As a result of the renewal of the economic provisions
of the
CBA of the first group, the wage gap disappeared. The
wage distortion can be adjusted with the use of the following
formula:
(a)
P300 x
P50 =
__________ plus P350;
P350
(b)
P350 x
P50 =
__________ plus P300;
P300
(c)
P350 P300 =
__________ plus P300;
(d)
P300 +
P 50 =
__________ plus P300.
104. A CBA is a
(a)
with
system;
(b)
with
(c)
with
(d)
with

system of self-government,
the grievance machinery at the very heart of the
the union security clause as its core provision;
wage increase as its aim;
signing bonus as its immediate benefit.

105. In the event the employer, who has violated the Double
Indemnity Law, pays the unlawfully withheld wage, such payment
shall (a)

constitute a mitigating circumstance;

(b)

be inconsequential;

(c)

be prejudicial;

(d)

bar criminal prosecution.

106. An employee can quit his work if his employer makes continued
employment impossible unreasonable
or unlikely thru the following
acts, save:
(a)
Serious insult;
(b)
Inhuman and unbearable treatment;

(c)
(d)

Crime;
Other analogous acts such as transfer.

107. To the exclusion of the following (which must be encircled),

involuntary CBAs (Arbitral Awards under Art. 263(g)) take effect
as follows (a)
In organized establishments, the DOLE Secretary will give
the parties the opportunity to agree
on the
date
of
effectivity;
(b)
In organized establishments, if the parties cannot agree
then the CBA shall
take effect
per the Secretarys
discretion
(c)
In unorganized establishments, the DOLE Secretary will
exercise his discretion;
(d)
In unorganized establishments, if the Secretarys arbitral
award is judicially assailed thru
certiorari in the meantime
then it will not take effect unless the 60-day period lapses.
108. Union busting obtains in the following:
(a)
a union is not recognized;
the employer is
actuated by anti-union animus; and
union officers
are rendered inutile;
(b)
a union officer is dismissed; he is duly elected;
and his dismissal threatens the
existence of the
union;
(c)
the union officers are promoted; their promotion
weakens the union; and the
union
becomes
ineffective;
(d)
the union president is preventively suspended; the reason
is alleged to be actuated by
bad faith; and he is
ultimately dismissed.
___________________