- BOOK FIVE: LABOR RELATIONS RODUCTION fF Relations is the inleractions between the oyer and employees or their representatives gra the mechanism by which the standards and diner terms and conditions of employment are. regotaied, adjusted and enforced (2 AZUCENA, Se Labor Code with Comments and Cases, 8 Ediion (2013), p. 12) {hersinatter 2 AZUCENAy, Labor Relations Laws define the status, rights, and duties and the institutional mechanisms thal am the individual and collective interactions of employers, employees or their representatives Note: Absent ari’employer-employee relation, there i no labor relation 10 speak of. If there is no emphyeremployee. ‘felationship between . the partes, there is mo basis for organizing “for. purposes of collective bargaining, : Labor Relations may be distinguished from_Labor. ‘Standards in that the latter is thal pert of labor law which prescribes the minimum terms and conditions of employment which tite emplayersis required to grant to its employees. || \ ) 3 TITLE ONE: POLICY AND DEFINITIONS CHAPTER |. GENERAL PROVISIONS =| ARTICLE 218: DECLARATION OF POLICY Collective bargaining process is passible anly when there is a labor organization: =< 4. tabor union; or ¥ 2 Employee association. “~” A Labor relations policy under the’ Labor Cade is embodied in See. 3, Ar. Xil_ of the 1987 Constitution which guarantees to-all: workers their tight, among others, to: * 1 Sel cuanictons mark lective bargaining and negotiations, Peaceful and congerted activites indudity the fight to strike in accordance with law; and Patticipate in policy and decision-making Processes affecting their rights and benefte 35 May be provided by law. a en Senrcartecnacrie————# ce MARLA REGGTEL IHN $. DIONISIO over- MARITON CARATGANDO, GOLANGCO, Ad chipereen, LAN DAVID M. JUANICO swhles! She Eig ALEXVI CHRISTIE G. THERESA ssoperson for academic operations, M, _APOLINAY UMULAK, CAROLYN NUEVECO, ISON Cewts p."ONG chuirpenon for sublet nes MINA 'M- CARLING, MARION J. MANUEL, Feasn Perm eTTesom for ESPINA, Meher Shor TANARL, DIOMDELIA wrretan § ae EI vie JeTH NYC: . WERG: Mal ee ca ECE oem a NA Satan athe SEC Gee champereea fer eectrouie dat > special laws CANTLLEANNALYN epee Pra A legislation and epee NM. TOMARONG Og PATRICK STEPHEN M. Ct MAICAH fipessan for logjstics na Tern AMTFILO.viow-chatrpersom a On the other hand, Labor Relations Policy under Art. 218 of the Labor Code provides for: 1. Free collective bargaining and negotiations, inciding voluntary arbitration, mediation and Conciliation, as modes of setting \abor or industrial disputes; Free trade unionism; Froe and voluntary organization: Enlightenment of workers conceming their rights and obligations: Adequate administrative machinery; Stable but dynamic and just industrial peace, Participation of workers in decision and policy making processes affecting their rights, duties and welfare; and 8. Truly democratic method of regulating the relation between employers and employees. sen Nee ie8 to Labor Ratations Cases: Employee's organization; 2. Management; é ‘The pubtic ~ aiways.t0 be conisidered in dispute ‘between labor and capital, and it has been held {Oi" that the “‘rigfits of the general public are paramount;and 4. The State.* ¥ Note: Employer and employees are active parties white the public and the state are passive parties (2 POQUIZ, Labor Refations Law with Notes and Comments, (2006), p.3} frereinafter 2 POQUIZ]. Principle of Non-Oppression mandates capital ‘and labor not te. act oppressively against each other for impair the intorest and convenience of the public. + The:protection to ‘abor clause in the Constiution is not designed to oppress or destroy capital (Capill v. NLRC, GR. No..497378, March 26, 1997). ‘Adigla 218.01 the Labor Code mentions conciliation, mediation and voluntary arbitration as “akemative o=="mades of setttement of labor dispute,” to the more: acvargaral strikes, lockouls or any mass concerted _ Beton. Conciliation is @ process where a disinterested thitd party meets with management and labor. at their request of otnenwise, during a labor dispute or + jin collective bargaining conference wherein by cooling tempers, aids the parties in Toaching an agreament.lecdiat rty studies. ocess where a third par Meda aps aa sults» opeen the dispulants to consider. But a modiator car make an award or render a decision. fers to an Entry Approach {SEnA) tet i ndont presen je prove a spend, impart sive and acces them fron ripening into full blown disputes (For thorough ciscussion, see Rules of Procedure of the Singts Entry Approach). Arbitration is the submission of a dispute fo an iimpartat person for determination on the basis of evidence and arguments of the parties. The arbiter's decision or award is enforceab'e upon the cisputents. This maybe either » voluntary or compulsory. g S further discussion of Artclo See Article 266; “te 218(a). <= CHAPTERU. DEFINITIONS =O] ARTICLE 219: DEFINITIONS Employer inchides: =~, One who emptoys the services of Ganer for whom employees work and who pays their Wages or salaries (Feat ‘University v. Bautista, GR. No. t-21278, Decernber 27, 1966); or Any person acting in ithe interest ef an. ‘one employer, directly or indirectly. The tam does.” Rot include @ labor orgarization or any af te officers and agents, except when acting as an ‘act that respondent is a _ The tenn shalt not of @ particular explicitly states. be limited to the empto eS employer unless the Code SAN Bea COLLEGE OF Law 382016 CenTRALiZEO Ban OreraTions AN & Betetatiby any act defined “aS ULP under te | LEG a piguet Types of Employees under the Labor Codg | 4. Managerial; 2. Supervisory: and 3, Rank-and-file. Labor Organization is any wiion ot associ employees which exists in whole or in Part oe purpose of collective bargaining with os te @ conceming terms and conditions of. empiyag® Legitimate Labor Organization (LL0} 6 ay, | arganization which iS duly registered wh fe the term includes a localchapter directly ch } by a leptimate federation or naticnal union has been duly reported to the one accordance with Section 2, Rulo Vl, Bok Val | Implementing Rules (See notes undor aay 96 | and 287 of the Labor Coda) ; thief ==Comipany Union is any labor organization function or administration has bee | formation, Coxe \ ' coe PA he } Bargaining Representstivé means o \sjtinas Jabor Organization whether or not employed by te employer. Labor Dispute incites any controversy or matir | concerning: r { 4. Terms or. Conditions of employment; or 2 Association or representation of ‘persom A Negotiating, fixiag, maintaining, changing « arranging the, terms and conditions 2,3 employment regardless of whether te | °y [Sisputants stand in the proximate relator & “employer and. employee. Test a; Weiner; # involves or concerns tens Fee o"S.SF snployment, or representation (5 Com.” Empioyeos Union-PTGWO * “srsantira, @R-No. 87700, June 13, 1990). iB¥en: the “question of empioyer-employee ee “onship can be considered a “labor displ Noted: A labor dispute ia diferent fromm an ft Corporate dispute which arises from int catporats relations: relationshigs beret a among stockholders: or the relationships be" ¥ the ‘stockrolders and the corporation (GH Ancheta, G.R No, 175301, august 15, 2012) Types of Labor Disputes 1. Labor Standarss Disputes (WBC) Working hazards); i Benefits (e.g nonpayment of noley | overtime pay or other benefits): 200 rected ¥* Sonditions (e.g. um—— pensation (8.9. underpayment of & Fiimum wage, Stinger oulput quote jnogal nay deductions). lations Disputes (TRO-BC) 2 vase Revment Tenure disputes (e.g. non. * (eqlenzation of | empfoyaes, — itlega| fernination, non-issuance of employment contract): . resentation sisputes (eg. Glemnation of the collective bargaining ont, ULP, sirke, uncertainty as to determination of the sole and exctusive bargaining agent of the employses in an appropriate bargaining unit which is ine majority union}: Qrgenizational right dispute/untarr fabor pracice (€9. COBrCiOn, restrain! or ieterteronca in unionization efforts. reprisal ot discrimination Gus to union activites: company unionism): Bargaining disputes (e.¢. refusal toba’yddn| [> (WLP), bargaining~ deadiock, economic’ * sinka or lockout;end 4&3 VE Gontract administration or personnel policy disputes (e.g. noncompliance wih CBA” = provisions (ULP-if-gross flon-comphance with economic provers); cistegard. of gievance machingiy; vidletidn Parties to a Dispute \. Primary Parties a. Employer; b. Employees; and & Union. 2 Secondary Parties & Voluntary arbitrator, = 9 x b, Agencies of DOLE (BER, VAG): & NRG; oa $. Secretary of Labor, and: ®. Office of the President. = LABOR RELATIONS Mediation; Review by Court; enciation: Gompromisa Agreement: Certficaton to NLRC: Erforcorent Compliance Order: fication ing Represen eer ncn, Sd Reser Arbitravcn (Volunary or Compulsory) 1. Assumption af dunsdasons Panom! Appeal; and Imunetion. Voluntary Arbitrator (ANCA) 1. Any person Accredited by the Board as such; 2 Any person Named or designated in the CBA by the parties to act as their Voluntary Arbitrator, 8 One Ghosen with or without the assistance of the NationalConcitiation and Mediation Board ‘Bursuent to @ Selection procedure agreed upon in the CBA;-ar ade {APY official that may be Authonzed by the 5 - Secretary of Labor to actas Voluntary Arbitrator 2 “upen the writen request and agreement of the parties to a labor diepute. TITLE TWO, NATIONAL LABOR RELATIONS COMMISSION =~ SepNegsen a CHAPTER |. CREATION AND COMPOSITION ARTICLE 220: NATIONAL LABOR RELATIONS ‘COMMISSION (NLAC} + (tis an atiminstrative body wih quasi-judicial functions. ahd the principat government agency that * “hears and decides labor-management disputes: ‘allached ‘to the OLE for program and policy {panordingtion only: & TY Combesition 4" One (1) Caiman: and Sex", Twenty-three (23) Members. Managoriad €; ead jsion.- foyee is one who ts véstad With. DMI tl ist Domes oF pretoyetves 10 lay down and-execuie There: “are eight (8) divisions with tes 8 Srgiirent oleies andior to tire, transfer OME Cot member as Pres Ia i oF 5 fogarty off, recall, discharge, assign ES sone ne-employees, 8 neex*ory Employees are those wto, in the teh sof tte employer, effectively recommend Anggg meetal actions if the exercise of such Srey R0lIneraly routinary oF clerical in mature ‘ the use of independent judantent. ay inger f8 Hot falling within any of the above re rank-and-file employees. 4 "sin Lang A Srey or Disputes {GMRC*IA*l) Mange Posedues siding Commisioners sie Gremmen and the seven (7) remaining mempers shall come from the public sector, with {To tatter to be chosen preferably from among the Incumbent Labor Arbiters. Members ; maining este in the division shall be The wo romatter chosen only from among the et 2 ee cof i) the Woxkers’ and (2) he employers organizalions. Sats BEDA COLLEGE OF LAW. 2016 CENTRALIZED Bar OPERATIONS 89Upon assumption Inio office, the members nominated by the workers and employers ‘organization shall divest themselves of any affiiation with, or interest in the federation or association to which they belong, Note: The composition of the NLRC is trisectoral. Tripartism is the representation of the three sectors in the policy making bodies of the governmant namely: 1. Publicor government: 2. Employers; and 3. The workors, Tripartism is observed in numerous. government agencies or insirumentaliies ameng::them, the NLRC. . Thera is no need) for. the Commission on Appointments to confi the postions in the NURC:, Such requirerent has! no constitutional. b: (Calderon v. Cerale, GR. to. (97636, Aprt 23, 1992) 4 Allocation of Powers and Bunctions of NLRC: 1. En Bane * 1 Boe, a. Promulgation of, rules and regulations governing the hearing: and :disgosiion of Cases before any of ts divisions and regional branches, 4 &, Formulation of policies affecting, ite administration and -pperations: and ‘8, On temporary or emergency basis, to allow ‘cases within the jurtecietion of any division tobe heard and decided ty “any other division whase docket allows the additonal workload and such Wranstor wil not oxzose lidgants to unnecessary agaitonal expense, 2 Division (Eight (8) Divisions with Three (3) Members each) 2, Adjudieatory; ~ 7 b. Allother powers, functions and duties; and ¢, Exclusive appellate jurisdiction cver cases within their respective territorial jurisdiction, Adjudication of Cases: {C*) 4, The NLRC adudicates cases by division A Gon currence of twa (2) votes is needed for a valid judgment, Whenever the required mombership in a dMision 1s not Complete and the concurrence of the Commissioners to arrive 2t @ judgment or resolution cannot be obtained, the Charman shail designate such number of actttional Commissioners from the other divisions as may be necessary. San Bena Cont Fce OF LAW 90 215 CereTRALLZFL Bar OPERATIONS o ___ LABOR RELATIONS 2. shall be mandatory for ihe division ta meet for purposes of Consultation, he conclusion of 8 division on any casy sudmitiad to it for decision should be reached consultation before the case is assigned tg 4 member for the writing of the opinion 3, A Gartification to this effect signed by tha presiding Commissioner of the division shall bp issued (copy attached to the record of the cag, ard served upon the parties), Jurisdiction Exclusive and Original 1, Certified cases - cases cemtified to i for ‘compuisary arbitration by the SOLE under Ar, 278 .r the President under Art, 279; “2:lnjunetion cases under Ars, 225 and 278; ané 3. Contempt cases, (A. {Verified Petition: and. 4 5 Pettion to annul oF- modify the orter o i jresolutién “(including thase issued cuirg execution proceedings) of the Labor Astiter (2011 NLRC Rules of Procedure. Rule Xt (Extraordinary Remitaes}}. Exclusive Appellate: 4, Cases decided by Labor Arbiters under At 224(b) of the Labor Gade and R.A. 8042, Sec 19. & Cases decided. by the Regional Offces of DOLE in the oxercise of is adjudicloy ~ “ jlunsticn under Art_.129 of the Labor Code over 3 [Monetary claims of workers amounting to nol more than P. 5,000; and ‘Contemp! Cases decided by the Labor Arbte> ae ¢ the LABOR CODE, Book V, Ruie 2H eT! vs ® jo Appellate Jurisdiction Over Decisions Rendered by: J.~Voluntary Arbitrator; 2. "SOLE, ane “LR Director on casea appealed trom t “DOLE Regional Offices. Such decisions must be appealed to tha CA. Judicial Review: cl The findings of facts of a labor sit \ccorded the utmost respect by the courts welnigh concise f supported by shetty evidence (Tan v. NLRC, GR. Ne” Novernber 24, 1998), ue Potitions for certiorart (RULE 65 of the FUE OF COURT) agcinat sacitone of the NLRC Sy henceforth be initially fled with ineLABOUR RELATIONS ad ais in SA observance of the doctrine on the perch ‘courts as the appropriate forum for the seed Tne Count boreal © ocearay (on eB Ove UTICA! OF ambiguous factyal aese frorn the imcreased number of 10 ansions (St Martin Funeral fore © RPGR Wo. 130608, September 16, 1998) er cannes 20 not subject to Barangay tiation $10E ‘ordinary rules of procedure are foptory In character vis-d-ws_I000F a y Gone intl mc are primanty governed By labor Laws erty ¥- E8290. GR Nos 62211-12, March worha, The Rues shah only opoly whencver 2 Jeabe a coment (RULES OF COURT. Rule 1. SC. 4) LE 224: HEADQUARTERS, BRANCHES PROVINCIAL EXTENSION UNITS Ai Gommissan and as first, second, thd, fauth. inand sixth divisions ahi ave their mann ches fi popottan Mania, and ive seventh and eighth Fen ne ction of Cabs and Canaan De Oro. respectively. ARTICLE 222: APPOINTMENT AND QUALIFICATIONS : { Quaifications of the - Chairman ‘a Commissioners: ortlust be 2 member of the Philippine Bar: 2 Musthave been engaged in the practice of ow Ih the Phiigpines for at ieaot fifteen (15) yoann 3. Musi have expenance Or exmasure iF ‘handing labor management relations for at least ve (°) years; and 1. Preferably a resident of the fegion where he is to hold office. cea Qualifications of Executive Labor Artiterfs: 4. Musi be members of the Prutppine BAF. 2. Must have been engaged in the pra! of aw oe Philippines for at least ter (10) years: a <5 3. Must have experience of exposure 1 handing lebor management relations for at teast five (5) years (LABOR CODE, An. 222)- Tum of Office of | the Chairman, Commissioners, and Labor Arbiters Wey Shall hold offics during 9! Y reach the age of 65 unless removed (O apaciated fiises as rowed by law ‘or become in charge the function af his office: Provided, however, that the President OF Re tbe He of the Philippines may ‘extend the services nee wommissioners ‘and Labor Arbiters UP t© um age of seventy (70) years upon Excl racommentalion of me commsson en banc {LABOR CODE Art 221) ARTICLE 223: SALARIES, BENEFITS AND OTHER EMOLUMENTS ons The Chairman and members of the Cormmssor shall nave the same rank rovewe an anes SAmaTY equivsent 10 and be enitied to the save soe. tebrement and penefis 25, those of ME resting Justice and Assomete Jushcos: a he Court of Ropeals. respectively Labor Araders ghall have the same rank, (ecene@ 37 annual salary squvelent to andi pe ented 10 Oe same ahowances rebrement avd other benefits and privieges as those of the yudges of the regrora! el cours: CHAPTER Il. POWERS AND DUTIES ARTICLE 224; JURISDICTION OF THE LABOR ARBITERS AND THE COMI Reasonable Gaunal Connection Rule Tinere is a reasonable causal conniecbon Bahwoee) the sain pesered and the employer erihoves Oe a pen tne case «9 wren the YisTACOO Of aaarcaurs, In the abeence of sych nexus, tS Ne ‘cousts that Rave n (Kawachi v Dot requar ‘Quere. GR. No. 763068, March 27, 2007). cee it s necessary to cetemine ah «sve eeNghue or clams arising fram an ext Oye oh eeiatansnip (Mar. v. NLRC: GAR. No en ‘202961, February 4, 2018) sive and Original Jurisdiction of Labor provided under this Code. Ine tas obreranse and excusve “Paper Arbiters shall hava ongee! ‘within 30 calendar jufisqicuon to Near and decide Uays: after the submission partios for decision without ex epgence of stenegraphic notes; te Foon Coe oe solving al worers, whether 33 Me TOR ggreuitura: (DUR-OOVE-TV£O) corecrams fer actual, moral exemplary and 8 er forms of Damages arsing from Er-Ee relations: 2 ULP cases: ‘Tha Labor Arbiter has junssiction only ‘ver the evil aspect of ULP, he enna! aspect puing lodged wath the reqular courts. (LABOR CODE, Art, 250, last Par) 3. Waccompanied witha claim for Reinstatement. hase thar workers fle invohang wages. rates of Note: San Bed COLLEGE OF LAW tm CENTRALITED BAROPERATIONS «© OLgee TR RELATIONS a 3 & ‘ pay, hours of work and other terms and ‘conditions of employment: 4. Wage Distortion disputes in Ponayd establishments not voluntarily sewed by parties pursuant to R.A. 6727: 5. Monetary claims of Overseas workers arising from Er-Ee relations under R.A. 804: amended by RA. 10022; 8. Cases arising trom any Yiolaton of Ar 278 including questions involving the tegality strikes and lockout; 7. Excent claims for Employment Compensation. Socal Security. Phiheatth and maternity benefits, all other claims arising from Er-Ee those of persons in regardioss, of orien mount exceeding PS,000 regardless, of omer The with geet or reinstatement. ‘The juisdision-otilebar Arbors fs not imted to claims ansng vom Based on Sec. 100FR.A. B42, Labor Arbiter. have jurisdiction not aly oWet indncy claims: arising out of an Er-Ee-refationship but also “by Wiruo of any faw or cirtract involving Filipino Workers for overseas ‘deployment including dans tor aca, moral, exemplary.and. cibge forms of damages" (Santiago v. GF Sharp Crew Management Int.. GRAN. 168419, July 19, 20 \ aa } J, Note: in order for the” Uabor Arbiter.to. assume F/ jurisdiction over the money claim, the OCW must have a cettfication from POEA (Philippine National Bank v. Cabaasaiy 'G.R. NO. 157010, June 21, 2005). i 8. Termination disputes (llegar Disthissal Cases); 9. Cases under Art. 126(0} of tre-Labor Code (Mistonal and Enforcement ipowsts ofthe DOLE Secretary); Note: The jurisdiction of the Labor Arbiter: found in the excoption clause of Ant 126(6 where the empioyer contests the findings of the labor employment and enforcement officer and faises issues supported by documentary proofs ‘which wore not considered in the course of inspection (E.0. 111, December 24, 1986). White it is tue that under Aris. 129 and 224 of Yhe Labor Code, the Labor Arbiter has junsdiction to hear and decide cases where the aggregate money claims of each empioyoe ‘exceeds five thousand pesos (P5,000.00}. said provisions of law do not contemplate nor cover the visitoral and enforcement powers of the Secretary of Labor or his duly authorized representatives (Ex-Bataan Veterans Security 92 SANBEDA COLLEGE OF Law 2016 CENTRALIZED BAR OPERATIONS x trea ancy, Inc. v. Laguesms, GR No. 1 ewember 20. 2007) Se 40, Enforeement of Compromise agreemens wee is non-cortolance By ary of Be pace ant to Art. 232: 11, Diner cases 25 may De Provided Dy law, Although the provision speaks of Mee original jurisdiction of Labor Artes, et cases enumerated may instead be Submitted y 5 casetany. avbirator bY agreement of tw pant under Art. 274 of the Labor Code. The law prefers voluntary over compsen, abitration. ses thal @ Labor Arbiter can hear and ee ot robied, Where no Eo Mitticnshn exists between the patties and no sae fe involved wheD may be resolved by reference the Labor Cade. other Jaber states, oF ay Er-Ee rolaiinshyps.} [, (Goleowe bargaining agreement. 1s the Regina Tral Court that has jurisdiction (Lapama CAgricultural:Dev Goip. ¥. CA, GR. No. 11259 varuary 31, 2000), ¢ ‘The Labor Arsiter his jurisdiction te award net oy the reliefs provided by fabor laws but also darays governed by the Civ Gode (Bartez v. Valiewia GR No, 128024, May 9,'2000) The original and exchisive junsdiction of the Lax Arbiter under Art 224 for money claims only to atising from statutes of comas ~: ther‘than fhe CBA (San Jose v. NLRC, GR Me “Ay124227, Aligust-47; 1998). Ine Votlunary’ Acbitrator or Panel of Vout! “Acbitrators wit “have orginal and excsoe jurisdiction over“money claims ansing fom pretation ‘OF implementation of the CBA # rose arising ‘trem the interpretation of et ert of company personne! policies (De! Mio nitpomnes. Inc. v. Saldivar, GR. No. —“Gotober 11, 2006) Exceptions to the Original and St") Jurisdiction of Labor Arbiters st | 1. When the SOLE or the President exec | Power under to assume jussdiction Oy | National interest cases and decide the” | | (LABOR CODE, Art 278(g)): wa? 2. When the NER ercegsos #8 0% compulsory arbitration over simile “ype interest cases that are certified '@ Fi SOLE pursuant to the exercise by the ue his certification under the same CODE. Art. 278(q)); ne1 cases arise from ihe interpretation or the prrentation of collective Bargaining ements: and from the interpretanon or forcement of company personne! polic) nfo deposed ol by the Labor Avater refering the Same ‘o the grievance: 2 pnery and volnlary atitraion, 2s may be Trowded in sad agreertenls, (LABOR CODE, or oacr 2011 NLRC Rules of Procedure Rule V. See. 1%, 299 when the partes agree to submit the case to Wrortary arbitration before a Voluntary Mypiration er canal of Voluntary Arbitrators we, uider Ars. 274 and 278 cf lhe Labor Gof, are also possessed of Original anc Enusive jursdiction to hear and decide: cases Fratually submritiad to them by the parties for artitration arid] adjudication. cases which must ‘be Referred to Grievance Mactinery and Voluntary Arbitration MI Tho following are cases Which must ba disposed of by he Labor Arbiter by referring. the Bame Io aevance machinery ard Voluntary azhitralion:.. T Dspules on tha._~ interpretation, ‘implementation of CEA:and — | Disputes on the interpretation or bnforcetnent of comoany parsonnel policies (2081, NURE Rufes of Procedure, Rule V, Sec;.1); i i S Ne.utadicion over the Following: 1, Fatelan governments. (JUSMAG-Phiippioes. v MAC, GR No, 108813, December 15, 1994) except when the function of the foreign entity portakes of the nature of a proprietary actly. impliedly tivosted itself. pef ils sovereign immunity from suits; 9S, ‘ntemational agencies (Lasan . UNRFNRE. ‘i a ‘Nas, 103095109107, (Feerusry. 23. 1 a ta: ‘mp age a by 4 or 2 UABOR RELATIONS 7. The aggregate money claim does not exeoed P5000 pesos and witncut clam for reinstatement (Rajah Humaoon Hotel, Inc. v. ee G.R, Nos, 100222-23, September 14, Chaim of employes for cash prize under the Innovatian Program of the compary. although arising from employer-employes relationship. ne requiring application of general crvil law On contracts which = within the jurisdiction of the Fequiar cours (San NMgual Corp. v. NERC. GR. No, L-B0774, May 31, 1988); Cause of action is based on quast-delict or tort which has no reasonable conection with any of the daime enumerated in Az, 224 of the Code such 23 complaint for damages for malicious prosecution against the employer (Peps! Cola Distributors of the Piuippines, Ine. v. Gallang. GR. No, 89627, September 24, 199) 0. Complaint apsing Irom violabon of @ waiving agreamant (Singapore Aires Limited v. Pavia, IAL £@RNo. L-47739, dune Be, 1983) {1 Whos jhe Labor Arbor. is an ipoanveniert CO) "Forun’iunder the Dostine of Forum Non Conveniens (Conmunicstion Materials and Design, Ine. v. CA GR, No. 102223, August 22.1996) Note: Under tha: Rule of Forum on Non Conveniens, a Fhvlippine Court or agency may assume junsdietion ovar the case fI{ chopses 10 dose provided: a. That the Philippiae Gourt is one to which the _<__ parties may ¢onvenienily resort to: @mplcyer-employee relation’, eluding those of persons domestic or household serch’ involving an amount ‘ive thousand pesos (P5000) Fegardiess of wet “accompanied with a claim @ rainstatemnont. t ry in aid of his and enforcement powers, 228: POWERS OF THE COMMISSION a. Administer istering oaths: Powers ofthe NLRC (;CoRIC) C enna Paros 1. Power to Investigate - involves the Suance of Subpoenas. power 3 Lc Inet ated cntaongg & Bebmmensen ABOR cOnE Mg judicatory power including. Onde and regulations toncering: a. Original Jurisdiction 2 asES 3B Aeelat rcton b inerar one . Power to issue Compulsory protesses — v8 whe a (nvohes. the folowing: & Geter which may be necessary © SAN BEDA Couece OF LAW 54 2016 Centraize0 Ban OreRar TONS Purpose of the Labor Code— 1 to iasue Injunctions and restainng 5 dors: and Goniompt power (2017 NLRC Rulos of 6 Procedure. Rute IX) 1,228: OCULAR INSPECTION wr chaiman. any Cortmissioner, Labor Arbiter or im duy authorize? representalives may, at during working hours: wconduct an ocular Inspection " getablishment, building, ship, place or premises, including any work, material, implement, machinery, appliance or any object inerein; and 2, Ask any employes, laborer, or any person as the case may be for any Information. or date, concerning any matter or quesifon relative to ihe object of the investigation. anytime " on any This inspection power is adjunct, to, the, adjudicatory function ‘and is cifferent ftem Are 128(2 AZUCENA, supra.at 84). — . ARTICLE 227: TECHNICAL RULES NOT BINDING AND PRIOR RESORT 70 AMIGABLE SETTLEMENT ¥ t ances) Administrative and quastjudiclat bodies the the NLRC ae not bound by technical- rules “ot procedure in the adjudication, of cass (Ford Phils. Sileried Employees Assoc.’ y. NLRC, GR, No. 15347, December 11, 1987). \ Rules of evidence are not strfotly observed in the proceedings before the NLRG (Bantolino v. Coca- Cole Bottiers Phils., Inc., GR; No. 183660, June 10, 2003), formal or tialtype hearing is riot al all times and 'n all instances essential to due. process, the | = fequiraments of which are satisfied where parties a alforded reasonable opportucily to expialn theit Side of the controversy at hand (Llora Motors, -lniqivraensio== ‘Dalon, G.F, No, 62895, Novernber 7, 1989). Notwithstanding Art. 227, the Supreme Cour had he fotowing 10 say regarding the lax application of ‘uraltules before quasi-ludicial proceedings: Gondor Tules are not ta be bolitled, lel alone "ssed simply because thelr non-observance peyghMe resulted in prejudice to a party's carne! Fonts, Utter disregard of the rules Ot be justly rationaized by harping on the te ° likeral construction (Daikoky Electronics 2109} ¥. Raza, GR, No. 107680, June 5, MAOQUK RELATIONS Note: Res judticate applies only to judicial or quasi- Judicial proceedings and not to the exercise of adminstatve powers 2s well as proceedngs Rurely auministrative i nature, Therelore. wren the administrative proceedings take on an adversary character, the doctine of tes judicata centainly Apples (Heirs of Maxmino Decia v. Heirs of Gataina Derla, GR. No. 157717, Apo 13, 2011) ARTICLE 228: APPEARANCES AND FEES Appearance of non-lawyers before the Commission (See 20/1 NLRC Rules of Procedure, Rule di) Attorney's Fees: 1. Art. 144 (Simple Manetary Ciaim) 3. The maximum amount to be given a lawyer (or his tegal assistance rendered is 10% of the (otal monelary awatd adjudged the employees excluding the award for moral ) and exemplary damages. To demand more than this is uniawhut, The-atiomey's fees may be awarded only when the withhokting of wages 's declered ‘unter ¢ ©. The basis of the 40% attorey's fees is the amount of the wages recovered 4, Should there be any olher monetary awards given jn the proceedings, he same may not be assessed: or subjetied to the 10% attorney's fees. 3._ Art. 228 (Appegtances and Attomey's Fees) a. Allomey's fees for CBA negotiations and Conelusion shalt be in the amount agreed uupen by. the parties to be laken irom the uuhion funds and not from individual union members. This Aficio prohibits the payment of Allorney’s fees only where the same Is ‘effected through forced contributions from the- workers fram their own funds as distnguished [rom union funds. Nether the lawyer nor the union itself may require the individual workers to assume the obligation {0 pay the attomey’s fees from their own pockets. Any agreement to the ‘conlrary shail ba null and vor SAN BEDA COLE OF Law 2016 CENTRALIZED BAR OPERATIONS 95.qa ee A. Article 114 v, Article 228 atnbits the award of Prohibits the payment | atomeys foes which|attomeys fees | Only eroeeds ten peroant}when ik ie fected (10%) of the amount of| throug’ orcad wanes recovered, Contrzuson from the) workers fom ther own | funds as distinguished trom union funds. 2 it Purpose: To fix the{Purpese: To prevent mvt on the amount of|the imposition on the aitomey’s fees. The|workers of the duty to, lwictorious party may|individually....contrisute | 1 i | LABDR RELATIONS _ nO ita | E.0. 251 removed from the jurisdiction of all labor-management disputes, unces labor-management problems oF dips TOF exercised by other offices such 95 thy toe regional offices, the Office of the s: Labor, NLRC, POEA, owwa, Sss.eco'f regional wage and productivity boards, reg even the feguler courts over intra disputes. nie Note: The parties may, by agreemen, sete ny differences by subrviting their case to a vouye arbitrator rather than taking the case to the Sup conéilation, mediation and volun functions of the BLR. BER vy. DOLE Art. 226 of the Labor Code claarly provides ta tg recover in any itheir resneotive shares 2 and the Regional Directors of DOLE tne rita den sto wb pat) Ealtern asladiotin etre ain an ie Proceeding. "5, Jthe allorney for his) eneurrent ur (Montero v."Verceles, GR. i i. salyivies thous, A) Be cues aro. - e4 EO Ae y CHAPTER Wi. APPEAL LOTHENLAG | E “tled.Arbiter is dn officer in the regional offer « } (RE ReS ee bureau authorized t.hear, conciliate, and dene ARTICLE 225: APPEAL (So@ 2011 NLRC Ryies, © representation cases oF assist in the dispositon ile Wy | } intra or inter-union disputes. Mio R reine \ ARTICLE 230: EXECUTIONOF DEGISiONS, Note: The Méd-Arbiter is possessed af the pow Rae eee OR AWARDS (800-2017 ALAC Rulesi3 to issue (2) a temporary restraining order ant 8 | Rute Xi) wae} y the writ of injunction fv agpropriate cases. (Oine« i 3 Laguesma, B.R. Nok 108476, June 9, 1997). ARTICLE 234; CONTEMPT. ROWERS:OF THE c SECRETARY OF LABOR: ~ TITLE THREE. BUREAU OF JABOR RELATIONS ARTICLE 232: BUREAU OF LABOR RELATIONS. Functions and Authorit The BLR shat ey 4. Set policies, Slanderds, and procedures on the tegistration and supervision of legitieate labor umtor aotivities including denial, cance and rayocation of favor union pernits, Set policies, standards, and 1 cofective bargaining exmination of financial labor organizations to with relavant laws; and Provide proper orientation schemes and projects far standards of Iwing of works (E,0. 292. Sec. 96): ty of the LR Procedures rélating #greomenis, and the records of agcounts of determine compliance 0 workers on thair feprevement of the eS and their Families BLRy. Nome, Pursuant 10 E.0. 126, the National Concitiation and Mediation Board ra (NCMB) has absorbed the SAN BEDA Cotutce or Law 88 gars Cenranuizeo Bar Overarions ¢ i _ Exclusive and Original Jurisdiction of the BLE SHOWA Ether Related Labor Relations Dispules The Med-Arbiter has contemat power. (AR 0 | LABOR -CQDE, Bodk -Y, Rute XVI, Sec. 4) £0 act its own initiative or upon the requet # @ither or both parties en all 1, ,Ahtra-usion conflicts; F” ietecunion confets; anc ae “Other tetated labor relations disputes. ! tovolves any confit between a labor orgenZe aod the employer or any individual, entity 09° | which is mot a labor organization of { g880ciation, which includes the folowing: sg | - Cancellation of registration of | worker's associations: and m 2. A petition for interpleader (D.0. 40-03, Re Sec. 2), Who May File the Conypiaint rd ‘n Interfinva-tnioe tiepurte the ceri Be fled by aunion or union member. 2. In a “related labor relations opt get famelaint may be fed by a party te who is nO! necessarily a union or unt (2AZUCENA, supra at 164) -wnt Regional Office where the labor 1 potion & regsterad - i wwvoles on x union, @ chartered local, or 9 eeiie's 1S8002A000, Tir. i te complaint involves 2 federation or 2 BR ayfnanonal union (2 AZUCENA, eypro a 4. jarosnion Dispute refers 10 any confit between jad arroreg Urion MEMDETS, inguding gnevances geeq from any violation of the ngnts and oars << membership, wiolston af or ceeerent over any provision of the union's Grernsan and by-laws. OF dieputes arising fom eatenng of affliavon of union (0.0. 40-09. Rule, Sec 1 (00) (2003). “ LABOR RELATIONS Coverage of Intarintra-Union Disputes: ‘1 Canceliaton of ‘egetrabon of a labor ‘Organizaton fied by fis members or by any Othe: labor organizaton. 2 Conduct of eecbon of union ang worker's ‘association officersnullicabon of piecton of union and worker's associatson officers: 3. Audiiaccourts examination of unon oF worker's asscaation fisnds: 4. De-reaistration of CBA: 5. Vaioityinvehdity of union affikatan or disatTuation, 6. Vatittyinvabalty of acceptance:non-acceptance for union membershep: 7. Vaiidityimwakdty of mpeachment expiision of union and workers assomaton officers: B. Vaietyinvaiidly of voluntary 1cog'ibon: ‘9. QOpposisoa to application for urvon and CBA: seqistation, te: Any complaint or pebtion with abegations of —"—="t@:Nioubons of oF di er anonding, MSappeOpHALON OF Ron-accounting OF ins in violation of Arkcle 250 shall be Weated as | cre cule 12,0 40-0, Bale Hi Seat : PT 4 Yeo Tests in Deteitining ihira-Corporaie Dispate wet 1 Relationship Test Gdetmines whalbes,.the relatonship fs: as tn a between the corporation, fatnersiip or 2egodalion and tie public; i b. betwoed the corporation. partnership oF association and its partners, members, oF officers; + ‘ © between the corporation, partnership oF assocition and ine Siste insofer oo ds franchise, permit om kebnse fo ‘operale 1s concemad, and ©. among the stockhaiders:"| partners associates themselves. * Controversy Test exists when te dispute I~ Rated m the existence of an sbra-corporate: Provision ima uTwon Or worker's assocSbon E eonsttution and bylaws ~ ” M44: Disagreements over chastenng or registration of (2 "tebor orqanizgtons and CBAs: 12 Violations of the righte and conditions of union or Wworer's: association membership’ 13. Violsnong of the rghis of legimate labor cerganizatians, exdepl interpretation of GBAS: oo. -# 34. Such other digpukes of conflicts involving the ghis to Seilorganzation, union membership, and cobective bargaining ~ & Between and among legitimate labor ‘organzaons; aod Between and asnong members of union or ” wofker's-assooation (D.0. 40-03, Rute Xi, * Sec. se ce J jbo 2 S5xcid noquireenis as to the Filing of Canes 1. evolving Enkre Membership The ooinplaint must be signed by al least 2. Be ie entre mombaran of the ivan 11,4, 609-97, Rule XIV, Sec. 1) and Felesonstvp, vcement A must also shew exheustion of | ears eat a Shape mmasvatve remedies (0.0. 008-87. Fle | ‘te parties! correlative sights and ubigatons Ree the Corporation Code, as wel 95 ine Shima! and wira-coporate regulatory rutes of fe corporation (Gutfo v. Ancheta, 6.R. No. ‘5801, August 15, 2012). Hl | i - SN XIV, See. 2) Nw SC: 30% Not Mandztone The SC held that the 30% saquirement s NOT mandatory for the following reasons’ 1 An. 250 of the Labor Code uses the word “may,” negating the noven thal the aosent of 30% of the union members mandalory: 2. An 280 also expressly deciares that the report may be made, altematively, by “aay member or members specially concerned”; and San BEDA COLLEGE OF LAW 2016 CENTRAUZED BAR OpeRATIONS 973. Intra-union confficts are now under the exclusive jurisdiction of the BLR (Vereles, v. BLR, G.R. No. 152322, February 15, 2005). A.lavolving a Member Only Rance only the affected member may file the complaint. Redress must first be sought within the union itself in accordance with its Constitution and by-laws except under any of the following circumstances: ‘a. Futility of intra-union remedies; 'b. Improper expulsion procedure; ©. Undue delay in appeal as to constitute Substantial injustice; d. The action is for damages; ©. Lack of jurisdiction of the investigating body: {. Action of the administrative agency is patently illegal, arbitrary. and oppressive, 9. Issue is purely a question of law: h Where the administrative agency had already prejudged the case; and Where the administrative aganey was | Practically given the opportunity to,act on the case butitdidnot yt Effects of Filing or Pendency of Inter I lntray Union Dispute and other Labor Relations Disputes pt _ 1. The rights, relationships and obligations of tie Party-itigents against each other and other Paties-in-inlerest prior 19 the institution of the Pelton shall continue ‘> remain duridg. the Pendency of the petition and untl the date of Truly Of the ‘decision rendered. therein’ Teeter, of, "HS. Felationships and igalions of the partytigants against ater and ther parte nee geen interest shall be governed by the decision so ordered. ° 2. The fling or pendency ot any interfintra-union, Gisputes is not a prejudicial question to ‘any Pettion for certiication election and shal not bo sefipend fOr the dismissal of a paiition ter Froeecation election or suspension’ oF Proceedings for certification electio 93, Rule XI, Sec. 3). ia & Modes of Appeal in ntra/intor-Union Di (D.0. 40-03, Rule x) nace of appeal 3. Based on either of tha following or 19 grounds; 8. Grave abuse of discretion © b. Gross violation of the rules 4. With supporting arguments and evi 9 idence Within ten (10) days from raceipt of decision SAN BrDa Cou tce oF Law 58 2046 Centeauizcd BAR OreRATIONS BOR RELATIONS BLR - if the case onginated trom the s |Arbiter/Regional Director Sec. of Labor - if the case originated Bureau: from ty, Regional Office or to the BLR, where the originated (records are transmitted to the Secretary within twenty four (24) hours from of the memorandum of appeal) ay BRR a, Peg, Complaints Pest For grounds under See? (D.0. 40.60 Rue ¥y ‘any fegitimate labor organization (LL0) member(s) thereof ‘specially concemed 2.For grounds under Sec. 2: any-penly-in-inerest ns for Inter/Intra-Union ons sie {5 |/Note: Other related labor relations disputes shat Include any conflict between a labor union and te employer Ot any Individual, entity or group that s nota labor organization or workers’ association, This includes the following: (1) cancellation of registration unions and worker! associations; and 2) @ pelition for interpleader (0.0. 40-03, Rule METRE a issued its certificate Tegistration or certificate of creation of chartered * local ~ if i involves tabor unions with independe Fegistration,. ". chartered locals, worker’ association. its officers or members 2Diecty with the Bureau — if it invoes Federation’ National Unions! Industry Unions. © officers, or members.ar LABOR RELATIONS un lave following averments: ins the following ee, ‘address and = other personal atlarmstances of the complainants) or itioner(8): plier, ‘address and other personal Nerimstances of the respondenl(s) or ‘on(s) charged; « Nature of the complaint or petition: Peis and circumstances Surrounding the ‘complaint or petition; ecauses of action of specific violations ‘committed; {A statement that tbe administrative remedies vided for in the constitution and by-laws Pive been exhausted, or such remedies are not readily available to the complainants or itioners through no fault of hisitheir own; or Compliance with such adminstrative remedies does not apply to complainants or petitioners. A.Retefs prayed for, and . | S.Gerficale of non-forum /shopping:, and Other relevant matters. : & é Coverage of Other Related Labor Relations Disputes * 4 1. Any conflict between: ‘a. a labor union and the’employér: b. a labor union and a group thal ig not a labor organization; or * ) a lebor union and an Individual who is not a member of such union, 2. Cancellation of registration’ of unions and workers associations filed by individuals other than its members, or group that isnot a ‘abor ‘organization; and 3. A. peltion for interpleader involving labor relations, (IRR of the LABOR CODE, Book V, Rute Xi, Sec. 1(B), as amended by D. 0. 40-F- 03 12008). ‘Summary of Rules on Intra/inter-Union Disputes Administrative Functions of the BLR: 4. Regulation of registration of the !abor'unions, 2. Keeping of a registry of labor unions; 3. Maintenance of a file of CBAs; and 4. Maintenance of a file of all settlements or final decisions of the supreme court, cour of appeals, NLRC and other agencies on labor disputes. Cases Where the BLR has No Jurisdiction ose arising from the implementation oF agrraiton af BAS which shal be the subject of ance procedure and/or vol arbitration (0.0. 40-02, Rule XIX, Sec. 4) eae Dovel ‘of Appeal trom Decisions of Med- £8 Med-Arbiter/Ragional Director =. Appeat to BLR of to the Secretary of Labor if originated from the Bureau (Within 10 days from recerpt of the decision) ‘Appeal to the Secretary Of Labor ARTICLE 233: COMPROMISE AGREEMENT fis a contract whereby the parties, by making seciprocal concessions, ‘avoid litigation ot put an nd to one already commencad. ‘Substantial Requirements 1. 2. 3 4, must be freely eniered into; timust not be eontrary to law, morals or public poticy, it must be reasonable, and it must be approved by the authority before wirom the case is pending (See discussian on ‘Art 227, Re: Approval of Labor Arbiter of an ‘Amable Settlement in a case before him). ‘Formal Requirements 1 2. When may Compromise in writing; and Signa in the prestnce of the regional director or his duly authorized representative (Rufes on Disposition of Labor Standards Cases in the Regional Offices, Rule !!. Sec. 8) Agreements be Effected It may be effected at any stage of the proceedings ‘and even when there is already a finat executory judgment (CIVIL. CODE, Art. 2040). Compromise of a Final Judgment Rights may be waived through @ compromise agreement, notwithstanding a final judgment that has already setlled the rights of the contracting parties. To be binding, the compromise must be 1 2 Voluntarily, freely, intelligently executed by the parties, who had full knowledge of the judgment; and Not contrary to law, morals, good customs and pubic policy (Magbanua ef al. v. Uy, GR. No, 161003, May 6, 2005).a Operates as a novation of the judgment obligation, ‘upon compliance with either requisite: 4. The substitution is unequivocally declared; or 2 The ‘old and the new obligations ere incompatibie in every point, Note: It cannot be entered into when the final judgment is already in the process of execution (esaiva v. Bautista, G.R. Nos. L-11928—1-11930, March 24, 1959), ‘ Judgment Based on'a Compromise Agreement When judgment is based on a compromise agreement, the judgment becomes immediately executory, there being an implied waiver of the Parties’ right to appeal from the decision (Philiopine Joumaiists, Inc. v. September 5, 2006). fe with Assistance-w: E Valid and binding upon} Vaiid and binding upon the parties the'parties: i can a jonger be pudiated |. becpmes: final, and hnaing “upon the “parties upon EXCept: In case of non- compliance with the 1d, risrapre-| sentation. or cosreion Options Whon a Violated Compromise Agreame Requirements of a Valid Quy ‘itetalm (vac) 1. The quit . the partion,” "US! Be Voluntarily erivod at by 2H must be with the Assistance of the Bureau of Labor Sta ‘a Stands, BLR or any representative of SAN BEDA COLLEGE OF Law 200 2016 CENTansze0 BaR Opceanions NLRC, GR. No, 166421, a a are os RELATIONS ___ 3. The Consideration must be fea, {required only when entered yj assistance of DOLE}. ‘ithout te Note: The law looks with disfavor upon gu and releases by employees who are int Pressured into signing them by un; a employers seeking to evade qecba responsibilities. On’ the other hand, thre" legitimate waivers that represent a yet selloment of laborers claims that sho! respected by the courts as the law between ty parties (Veloso v. DOLE, G.R. No. 87297, ‘Alpi 5, 1991). Dire necessity is not an acceptable fe annuling the releases, especially in the absences Proof that the employees were forced lo exonie them (Veloso v. DOLE, supra). ate no Waiver of Reinstatement + ¥ { E3A waives, of reinstatement, tke <° waiver of money /Slaims, must. be regarded as a personal righ E Cwhion thust ba exéreised personally by the wore saps themselves (Jag and. Hagar Jeans ant “Sportswear Corp. ¥. NLRC, G.R. No. 105710 February 29, 1995) 2, ARTICLE 234: MANDATORY CONCILIATION AND ENDORSEMENT OF CASES (NeW Provision inserted by R.A. 10396) Al issues arising’ hrofn tabor and employment stil Pesubject 19 mandatory conciliation-mediation. “TyEndorsedReferred Cases { ©The labor arbiter or the ‘appropriate DOLE oy | GGT office that has jurisdiction over the dispute st “entertain only endorsed or referred. cases OY | dulyaunorzed office. : A: ‘S=Pre-torhination $f Conciliation Mediation - Any or both parties involved in the dispute mmpinate. the conciliation-mediation proceosty, “2nd request referral or endorsement w “aePCopriate DOLE agency or office which ‘ os farlction over the dispute, or if both paris 89766, refer the unresolved issues 10 VO arbitration, ARTICLE 235: ISSUANCE OF SUBPOENAS, yg The BLR shall have the power to reat Papen TANC8 Of any person or the production Sy Paper, document, or matter relevant 10 ett Sisbute undo its jurisdiction, either at te any interested party or at its own initiative | |—“ “ (é pom peel, 236 APPOINTMENT OF BUREAU ‘Where no petition is filed Is person! In is absence of such timely notice or filing of cut 287: REGISTRY OF UNIONS AND FILE Potion, the contract executed during the automatic si eve WARGANNG AGRECHENTS ‘enewal period isa bar to cerificalion election ; as Whore a petition i can is more than @ contract; it is high! ow te tied. thn aENE ne Reh my commas te Seine of se, Sa rte ers me Me s, amend, alter and ter i 121, 1994). freadoth period rminate the provisions within the istered CBA does not bar certification se Bev rm Econom i Jaan (conract-8ar Role wil not apply in the Econome provisions of the CBA shall be absence of son) (See notes under Arts, fenegotiated not later than three (3) years. 5,263, an Etonomi pris wih pec lrnnaton dates se. When renegotiated and signed within six (6) dure for Registration months from their termination or expiration Psubmission of copies of the CBA to the BLR or become retroactively effective the day after fe regional offices of DOLE within thirty (80) “>. theic expiration: i days ftom execution, accompanied by the 2, When renegotiated and signed beyond six (6) ‘folowing: <2 IN A) ELE [mosths, the effectivity wil depend upon the > AN BEL 'f Verihed proof of Bosting In two. conspicuous. ~~~ agreement of the parties (See discussion under places in the place of work, and if. EO peace f b. Verified proof of ratification by the maj i> ofall the workers in the bargaining unit. Requisites for Contract-Bar Rule: 2 Action upon the application for registration 4, The agreement is existing (ie. the parties have within five (5) calendar days, frgm..receipt duly executed # ig conformity with the thereof. calle t rah! necessary formalities); 4. The regional office shall furnish the BLR with 2. twas ratfied by the Union membership; copy of the CBA within five (5).days from its 3. It is adequate fof It contains substantial terms submission. t t and conditions of employment; ; 4. The BLR or regional office shall assess the 4 it ences _the panies in the em istration fee of appropriate bargaining unt pee ee) OF eee om 8 6 es ‘got prematurely extended, the CBA was not le . ount deemed » 6. TE ee ee ataae fot hastily entered into (Doctrine of Premature anpropriate by tho Secrelay of Labor. 5k i ; OF Extension does nof bar # certification election); trance of Cenfcate of Regisyation “a “Specs a, on Note: Registration of the CBA ‘Is not a requisite for)“ ig" schism of mass fiation affect Shai, The eaiication ofthe CBA by the BLR gowns ian during the lifetime of the Fol required to put a stamp of validity to Sut - enol detinorand Gites, Once itis duly entered into and signed bY . Pe eg urion eS corp fe rite. @ CHA becomes GROCNe Pee deinated (See discussions in Arts. 262-265, Re tates regardiess of whether of not the, sam. “The Uoctride provides that the employees cannot ‘revoke th validly executed CBA contract with their employer by the gimple expedient act of changing their bafgaining agent (Benguet Consolidated, Inc. dy, BC! Employees and Workers Union-PAFLU, G.RNo. L-24741, April 30, 1968). Lee"Ghanered Local’ is created by a federation or neflonal union through issuarice of @ charter. (1a: evocation of Charter by the Federation the local/chapter a verified nutos: of i tt ion, copy furnished the Bureau on ground'of ‘distoyalty or such other grounds as may Pe Specified ints constitution or bylaws, All requisite documents and papers shail be ur ‘secratary of the treasurer of the by the oa ation. as the case maybe, and attested 10 by its president. ’ odin day period: The thiry-day peri Reason fr 30-069 Fy acon taken by the BLR Art, 249 onsite nance with the mandate of the ig made V ccricn specifically requires that the Code. wince of a certificate of registration for 1 ne omplance with the requirements for ay serving gam BEOA COLLEGE OF LAW nt & CENTRALIZED BAR OPERATIONS 105106 recognition under Art. 246 (Progressive Development Comparation Pizza Hut v, Laguesma, GR. No. 115077, April 18, 1997). Reason for requiring certification under oat ‘To ensure thal the labor organization with which an employer is dealing is a bona-fide organization. Mandamus, not Certiorari, is proper remedy ‘The proper remedy against refusal to register a labor organization which complies with all the eqyiremenis is mandamus and not certiorari. Certiorari is nat the proper remedy since the approval of application for registration is not & judicial function, ‘The revocation shall divest the local chapter of its, legal personality upon receipt of the notice by the Bureau, unless in the meantime tha local chapter has acquired independent registration (IRR of the LABOR CODE, Book V, Ryle Vill, Sec. 5). ‘ SANE Note; The cancellation of registration” of a federation or national unfan. shal operate to divost> f= its locais/chapters of their status as legitimate labor ‘organization unless the localsichapters are covered by a duly registered coliealive bargaining agreement. e Lewy In the latter case, the locole/chapters’ shall ba allowed 10 register as independent Unions. falling which they shall lose their legitimate status upon the expiration of the CBA (IRR of the LABOR CODE, Book V, Rule Vill, Sec. 6}: Morger and Consolidation Merger (Absorption) isthe process where a labor exganization absorbs another, resuling in the cessation of the absorbed. labor organization's existence and the continued existence of ine absorbing Labor Organization (e.g, A abearts remains and disappears A 20508 8, A Raeet of Merger: Transfers ta tho sbsorbing labor Organization all the rights, i Of te absorbed ange es Mees and bigatons Effect of Consolidation: Organization acquires ati obligations of caetons Consolidating Labor ARTICLE 242: ACTION ON APPLICATION The Bureau shall act on all applications registration within thirty (20) days fom ing SAN BEDA COLLEGE OF Law 2016 CENTRALIZED BAR OPERATIONS ~ LABOR RELATIONS _ ARTICLE 243: DENIAL OF ReGistay APPEAL 3 The decision of the Regional Office or the denying the application for registration shay ye" 4. In-writing: 2. Siating in clear terms the reason for decision; and te 4. Applicant union must be fumished a copy y said decision Appeal (D.0. 40-03) A. Cases from the Regional Offica The decisions of the Regional Office appealable to the BLR ‘hall by The decisions of the BLR on cases appealed fon Regional Director (appellate jurisdiction) are try ‘and not appeaiable to the Secretary of Labor (Ser 16). B. Cases from the BLR The decisions of the BLR in the exercise of hisher ‘original. juristiction ‘may be appealed to the Secretary of Labor (Sec. 16). Appeal from the Decisions of the BLR/SOLE Any applicant union may appeal (1) to the Sureaw the denial of registration by the Regional Offce, (2) to the Secrotary #f the denial is by the Bureau Within ton (10) calendar days from receipt of sich decision on grounds of: 1. Grave abuse of discretion; and 2. Gross incompetence, Requirements for Appeal 4. The appeal shall be verified under oath; and g2!\ shail consist of a memorandum of “which shall contain the following: Ae Grounds tor sppeal; 2%. Supporting arguments; and & Evidence,LABOR RELATIONS sintion of Federations, Natlonal Unions or pegist@" associations Operating in More than os Summary of Rules ' wernesion spied win Independantly I Prat eee) or Regional OMfice (But Berocessed by Bureau) GEE Raia e By signing a contract "By application of the of affiation }union with the [federation for the issuance of a charter | certifcale tobe submitted to the Bureau | accompanied by the | following: 1. Copies of its constitution and by- laws. | 2. Statement of the set | of officers and } books of accounts, | ail of which must be certified by the », SSetretary/Treasurer and attested to by Decision of Secretary appealable to Court of Appeals ion of, Independent Labor Unions; _ Ghatered Locals, Workers’ Assdclations Filed with Regional offic where union principally operates (Processed by Labor Relatian Division) — J) the President. in) - such case, the S. | union becomes a local chapter of the Federatior BLR (If dented by Regional ee Sa CRT Oe Disectsry 3 It would not affect | Upon severance. it . Its being @| would cease to be a legitimate labor | legitimate labor organization and | organization and would 3 q ‘therefore it would {no longer have the Decision of BLR 3 tbh to | continue» to fave | legal personality and of legal personality and:| the rights and privileges to -poseess all: the | granted by law to a Tie rights -and privileges | tegitimate labor et Appeal * of legitimate iabor | organization, untess the Sesional Office ‘ile 3 organization,“ local chapter is covered e Regional Office «shall transmit. the en qi by a duly registered ‘ecords within twenty-four (24) hours from” | collective } yi bargaining b Tpeeibt of Memo of Appeal. -- >.» _ ear agreement. In the latter | ne Bureau shall render a decisiog within, land = case, the local or c. Onty (20) days from receipt of records. +" = chapter will not lose its he decision of the Bureau may -be legal personality until Rnlested before the Court of Appeals via \ the expiration of the Rilton for Certiorari.under RULE 65 of the CBA. Alter the CBA 2 uegtES OF COURT. ‘expres it wit lose its The Jegal personality unless: Bureau shall transmit the records within momo: Oe ia (24) hoy receipt of Memo | independent union. Abe (24) hours from receipt \ { Secretary of Labor shall render a EE mason within twenty (20) days from An existing CBA The CBA would © The nl Of records, } would continue to | continue to be valid. be ;Stision of the Secretary of Labor may | be valid as the labor | The locat chapter will | ia pautesied before the Court of Appeals | organization can \ not fase lis: pereonaity | the Rrition for Certiorari under RULE 65 of | continue | until the expiration of RULES OF COURT (administering __ the | the CBA. After the CBA. SAN BEDA COLLEGE OF Law 2016 CENTRALIZED BaROPeRATIONs 107. LABOR RELATIONS Cred ‘expires the local union foxes is personaly. \ unless ft registers t anew. Labor organization is Union dues may no | entitied to the union | longer be collected as | dues and not the | there would no longer | federation from which , be any labor unton that | the labor organization ; is allowed to collect ines |} such union dues from Fens. [Fol | Principle of { ex, | Princpal - =) Agent -locatichapter Agent of agent ~ Neteration — TICLE 244, ADDITIONAL REQUIREMENTS. FOR FEDERATIONS OR NATIONAL UNIONS tons ard national ® Please seo discussion on leg unions under Anicle 241 of tis Book =" ARTICLE 245: CANCELLATION OF REGISTRATION ¥ 4 ‘The certificate of registration @f any lagiimate labor ‘organization, whether natlonit” or lotal, may be cancelled by the Bureau, aftecdue heating, only on the grounds specified in art. 247. » ARTICLE 245: EFFECT OF \A PETITION FOR CANCELLATION OF REGISTRATION 1, A petition for cancellation of ynion registration shall not suspend the’ proceedings for Certification election nor shab it prevent the film: of @ petition for certification election (0.0. 40- 03). s 2. In case of cancellation, nottung restrict the right of the union fo seek just,and- equitable remedies in the appropriate courts (as amended by RA. 9481). Effect of Cancellation of Registration in the Course of Proceedings ‘Whare 2 labor union 1S a party in a proceeding and later it loses its regsstration permit in the course or during the pendency of the case, such union may continue as a party without need of substitution of parties, subject however to the understanding that ‘whatever decision may be rendered therein will be binding only upon those members of the union who have not swgnified their desire to welhdraw from the case before ils tnal and decision on the merits (ogon-Suyoc Mines. inc. v. Sangilo-ttogon ‘SAN BEDA COUEGE OF LAW 108 7046 CenTRALIZED BAR OPERATIONS Worker's Union. GR No 1968) ne piace where dent ae Fespont 243 and 244 pncipaliy * operates (30, Smerly 254 7 Director / days to deorde) ctons invohr wolatons oft (249, formery ‘Art. 241, suyec tothe 30% nie Principle of Agency Applied The employees are the’ principals. and the lo organization is merely an agent of the fone Consequently. the cancellation of the unin’ fegstration would: not deprive the consents member-employees. of their right to connue ‘ase as they are,corsidered as the principals. ARTICLE 247; GROUNDS FOR CANCELLATION OF UNION REGISTRATION Grounde? ~~ Sunda {4M ‘ nea apegorrte Atop, false statement or fraud © ‘connection with the adoption or ratifcato® © “the constitution and by-laws or amence® ‘thereto. the minutes of ratfication. and PP (of members who took part in the ratiicatee 5 2. Mistepresentation, false statements of) Connection with the election of officers. Mr” of the election of officers. ana he isto oluntary dissolution by the members: oF d Violation of the rights and cond! membership. Be expulsion from membership. of an Penalty (LAZOR CODE, At. 252).te Filet The registration may be cancelled oo tee LABOR RELATIONS ~~ ©. To require adequate records of income and 8 Director, or in th Sapenes, Regional Director, © case of a? oy ons. aa ea Oe and trade € 30 voteon tices compensation conters, by the irector, upon the f. Tevoteon sessment. an ge fan raspencent complain 6” pein tr 4. Ta be decutted 9 spec! assessment only tancguaion (0.0; 40-03, Rule XW, Sec, 4), 4. point he member's writen authorization ; . Political rght~ the nght to vote and be voted for, ARTICLE, Syne CANCELLATION Subject 10 lawful provisions on qualifications OF REGISTRA and disquaiiications. jstration of 8 legitimate labor organization Note: An 2 Any violation of the above rights and may be cancelled by the organization itself conditions of membership shall be a ground for Gancellation of union registration or expuision of an Officer from office, whichever is appropnate. At least 30% of all the members of the union or any member or members spocifically concemed may repOM Such violation to the Bureau (LABOR CODE. Art 250), ponded: . TAL least two-thirds (2/3) of its general membership voles via secret balloting, in a meeting duly called for that purpose to dissova the organization; 2. An application to cancel fegistration is thereafter submitted by the board of the 1 organization,“ attasted. to by the president When 30% Is fot required: When the violation thereof. ay SS ACN BE 'dieatiy affects only one.or two members, then only ‘7 one or two members would be enough to report (such Violation (Verceles 'v BLR-DOLE, G.R. No. 152322, February 18, 2005)” Note: A pronouncemeiit'as to the flabality of the. {- sike is nat within the meaning of An 245 of the | Code, which provides “for the. grounds for cancelation of union registraion. Note: tn the DOLE’ Secretary's or his duly 5 7 authorized representative's visitoriai power to ARTICLE 249; EQUITY OF THE INCUMBENT inquire into the fnancel activities of any Labor Al exsling federations and national. unions which rneet the qualifications af 2 legitimate. ‘abor cmyarization and none of the grounds for cancelation shall continue to.maintaia their existing afiates regardless of the nature of the industry and the location of the affiliates. Organization, the compiaint must be supported by 20% of the Labor Organization's membership (LABOR CODE, Art, 289), Union Membership ‘Any employee, whether employed for a definite Petiod of not, shal, beginning on nis first day of Service, Be constlered an employee for purposes go! union'membership {LABOR CODE, Art. 292 (c)) CHAPTER I. RIGHTS AND CONDITIONS OF WEMBERSHIP \ ARTICLE 250: RIGHTS AND CONDITIONS OF Note? The ralationship of the union and members is MEMBERSHIP IN A LABOR ORGANIZATION | _govierned by their mutual agreement, the terms and «4Conditions of which are set forth in the union consutulion até by-laws and binding on the _ Members as well as the organization itsell (Ang SE Malayang Menggagawa ng Ang Tibay Enterprises yang Tibay, G.R. No, L-8259, December 23, General Groupings of the Rights of the Union Members (DIMP) ms 2 * Deliberative and Decision-Making Right- the ~ Aight to participate in deliberations on major wer ‘Questions and decide by secret ballot. 1987) nt to . atau,” Lormation- the right to be informed — wg gry Prohibited fram becoming MembersiOfficers of a Labor Organization (Please see the discussion on persons who are not granted the right (o seltorganization under Article 2 The organization's constitition and by- ie, Oenization’s fi >. The collective bargaining agreement, and a Roe OT ee ents {LABOR CODE, Ant. 250(c)); mage ay Matera thighs oe 2. Subversves oF those engaged in Subvoriwg Yinnateactoceae:, 4 3 nan Meet cc oe deb: or unauthorized ao st SAN BeDA CoLLect OF LAW 2016 CenrRatizen BAR OPERATIONS 109Note: In general, a union & tree to select &s own ‘members, and no person has an absolute nght lo membership mn a unon. ‘Who are Entitied to Vote Orty members of the union have the eigoity to ‘take part in the election of union offcars, Eligibiity Sool oy be cara eu tha ute of he Scabie payrol perod and the sistus employees dunng the appicabie period Ths perains fo the payrol of the month next preveding the labor dispute. in case of regular empicyees, and the pay penod at or near the peak of ‘Operation, in case of employees in seasonal indusines (Tancino: v. Ferer-Catga, GR No. 78131, Jamuary 20, 1988) A ‘oor organization may condition the exercise of the right to vote on the payment of dues, subject to two quaiticatons 1. Brust be appiied unfor nly: anc ‘2% Members must be afioed 2 remonania ‘Ppertunty to ay dues (grace Zerod) ‘Limitations: — (Prease see the discussion on iit Ss Brrangements under Arte 258 ofthis Book ) 1. The tabor Organization canna compel employees to become members of ther labor Organizaton Mf they are aveady member of a Could not be compaieg (Wictonano v. Eizaide GR No. L-25246, IMO uricn membership Rope Workers Us September 12, 1974), ees Requirements: (RAGS) Xs 3. There must be a writien Resoluton, 2. The resolution must have been Adoroved by & Maronty Of ati the members, 3. Ts oval must be at 2 General membership Meeing Cuiy called for that purpose, ane 4. The Sex of the organization shah Beennutes Of the meeting, whieh shart Pecan? 1 PY the Present” The ‘mimics inion. The voles cast. and © Purpose of the assessment MABOR CODE, Art. 256in)} rio SEN BEDS Couece of Law 2016 CENTRALIZED Bax OptRaTions LABOR RELATIONS be siily comin’ WAP (Psie0)y Far GR No. 85333, February 26 +o Check-Of Sa mettod of cence erviovee spay at pessrtes seas ag due to the uneon for fees FOES © asses Nature and Purpose of Check-Of Uner dues are the ieri000 oF te anon we natorzed to cole vestovabe nti fees, union dues. assescments and tres ae tt sorinoutons for labor eveiner wee eS mma death ard hasoasiaston berets CE fund. sie furd and cect ang en, undertaiongs (LABOR CODE Ar. 291) ~ Requirements with Regard to Check-ofs General Rule: No speca! assessmex ttm, fees “epstraton fees or any ober extsnoe fees may be checked off rom any anoun ace employes without an individual wn duh sgned 243{0}), amore: by the employee {LABOR CODE a. ‘The authorization shoud specificaty state the 1. Amount: and 2. Purpose and the baneficiary of the deductor Exceptions: (When written authorization s xx fequired) 1 For mandatory Activities provided under Pe Coca: and 2 When non-members of the union aval dt <- Denefits of the CBA: * a Said ron-members may be assessed no ues equivalent to that pad by ments and Do Only by a hoard resolution approved " pMaorty of the members ma PE? © meetin tated for the purpose “cf fe unon sovce bes stuns? ‘aw (Radio Communicabors of the Price inc. v. Sec. of Labor, G.R. No. 77953. 1989) _* “Note: The individual written autora Rated by the employee is an SET eurement (lo RAGS) in order that 2 S27 SfSessment may be vahely checked SE Check-off another requisite is necessary) © 57 {0 the requrements for specal = ‘Shumerated above and this 1s, nove * sy erperzation for check of duly 99S! fst Employee concemed (Manito, Jr. ¥. No. 149763, July 7, 2009) jurisdiction Over Check-Off Ce P3 af ¥a-union contiel, BLR ars 2S Concurrent jurssciction over check : otLABOR RELATIONS sp ment it Ned with in order that special Bester Fees are dues equivalent to union dues, ust PE "or Union's incidental expenses, ‘atged from the non-union members who or aoe feos and representation expenses, may al 4 namely: a majorty memnbershiP pe ‘of all the members al the general meeting duly called for , Renetarys record of the minutes of the jing; and at uly signe special Asses d by the employee concemed. ssment v. Check-O' (Union Dues) By oblaining the | ay written | individual written \gectuion approved | authorization duly | bymejorily of all the signed; by the \members al a | employée which rust | meeting duly called | specify the amount, | for that purpose. Purpose, and ( beneficiary SIS a (Agency Fees) Not necessary’ 1: For mandatory | -abtivities provided | under the Code; < and, . When non- members of the union avail of ithe benefits of the CBA.\-Said oon members may be | assessed agency | fees equivalent:.to, that paid bY members only by 3, Board Resolution’ approved by majority of the members in a general meeting called forthe ———L_purpose. _____ Won tony et ato the regular monthly contributions Ye benene embers to the union in exchange for ‘ven to them by the CBA and to wee 2am? activities of the union in representing Juaion by a written resolution of the the meual writen authorization for chack-off benefited by or undor the CBA. Requisites: (PNBU) 1. The employee is Part of the bargaining unt: 2. He is Not a member of the union; 3. He partook of the Benefits of the CBA, and 4. Not_a member of another Union (LABOR CODE, An. 259/2)) Note: individual written authorization is not ‘Aecessary for the collection of agency fees (LABOR CODE. Art. 259(e): Holy Cross of Davao College, inc, v. Holy Cross of Davao College Union KAMAPI, G.R. No. 110007, October 18, 1996). Union Dues v. Agency Fee Dee ee daa) Pete Members of a union! Non:members for the payment of barg: {union dues the] rg agent (union) | for the enjoyment of the | bonetits under the CBA of May not be deducted May be deducted from the | from the salaries of the salary of employees | union members without !without their written the writen. consent of] consent the workers affected Note: Agency {¢e cannot be imposed on ‘ernployees already In the service and are members of another union. If a closed shop agreement cannot be applied to them, neither may an agency fee, as a tosser {dim of union security, be imposed to them, Paytient by non-union members of agency 168s does not amount to an unjust enrichment Basically because the purpose of such ‘dues is 10. 8void discrimination betweon union and on-ution members (National Brewary and Allied Tadustries Labor Union of the Phils. v. San Miguel Brewory. Inc., G.R. No. L-18170, August 31, 1963). Emiployee-Members of Another Union not Constdored Free Riders When the union bids to be the bargaining agent, it voluntarly assumes the fasponsibilty of Tepresenting all omployees in tha appropriate bargaining unit (National Brewery and Allied Industries Labor Union of the Pivls. v San Miguot Browary Worker's Association, G.R. No. l-18170, ‘August 31, 1963). SAN BEDA COLLEGE OF Law 2016 CENTRALIZED Bax Orerarions 111CHAPTER Ill, RIGHTS OF LEGITIMATE LABOR ORGANIZATIONS ARTICLE 25: RIGHTS OF LEGITIMATE LABOR ORGANIZATIONS Rights of a Legitimate Labor Organization: (USER-FOE) . Undertake activities for the benefit of the ‘organization and its member ‘Sue and be sued; Exclusive representative of all employees; Represent union members; | Fumished by employers of audited financial statements, ‘Own properties; and ‘Exemption from taxes, PAREN xo ARTICLE 252: REPORTORIAL REQUIREMENTS Reportorial requirements to be submitied by the legitimate labor ofganization: (COMA) 1. Constitution and by-laws, or amdndinfents.} thereto, minutes of tatification, and the list of. ‘members who took part in thé. fafification df the:; F= ‘constitution and by-laws within thirty (30) days from adoption or ratification of the constitution and by-laws or amendments thereto; ! . List of Officers, minutes of the electon. of officers, and list of voters within thirty (30) days from election; “te, to 3 List of Members at teast' onae “a ygar or whenever required by the Bureau; and Annual financial report’ within thirty (30) days .- after the close of every fiscal year, . ~~ ae ‘Note: Faiture to comply with the “above-mentioned requirements shail not be a ground for cancellation of union registration but shall subject the erring officers or members to ‘suspension, expulsion from Membership, or any i it Me oe y eee Penalty (RA. TITLE FIVE. COVERAGE. ARTICLE 283: COVERAGE AND EMPLOYEES" is?” RIGHT TO ‘SELF-ORGANIZATION (i Extont of the Right o Self-Organization _<~ 9 form, join and assist labor organiza the purpose of collective Bone he, fepresentatives of their To engage in lawful cor Protection (LABOR CODE, Art, 257). Right to Organize Cannot The right to bargaining through own choosing; and tz SAN BEDA COLLEGE OF Law 2016 CENTRALIZED BAR OPERATIONS LABOR RELATIONS “_petombers Right to Join Starts from Fj Employment st Day Any employee, whether empl service, be eligible for membershp ict Ste ‘organization (LABOR CODE, At. 282), °° Persons/Employees Eligible to Organization for Purposes gi Mob late Bargaining (CIA-RCME-Gocc) ect 4. All persons employed in Commerc, ing and Agricuitural (CIA) enterprises, in employees of Government-owned or oe? corporation without ofiginal charters esigbenc under the Corporation Code; In Religious, Charitable, Medical or Ei {RCME) institutions whether operating fr pot ‘or not; and Employees of Goverment-owned or corporations without original charters. teen ‘Persons/Employees Eligible to Join a Labor (Organization for Mutual Aid and Protection __{AIR-SIW), ¥ 1. Ambulant (Walking or Mobile Workers); Intermittent (Iregular workers); Rural; . a Self-employed people’ Itinerant workers (Working for @ short ime various places); and Workers without any definite employers. Re a Seen 6 Persons/Employees who are not Granted the Right to Self-Organization (I-AM-CHANGES) 1. Employees of [nternational organizations wit » immunities such as UN, IRRI and Internation Gey CAtholic Migration Commission (Intematins “> Catholic ,Iimmigration Commission v. Calta GR. No: 85750, September 28, 1990). fthe Armed Forces of te Philippines, inicluding police officers, police ‘firemen and jail guards (E.0. 180, Sec. 4. ‘Managerial employees Whose functions are normaly conse? as policy-making or managerial; a Whose duties are of a highly conten? highly technical in nature (LABOR “SS An 219); | 4. Confidential employees (Metal Isis Inc. y. Roldan-Confesor, G.R. No. February 28, 1996): 5. High-level or managerial covet employees (E.0. 180,Sec. Diy aber 8. Alions without valid working permis: Tg with valid working permits but are nat country which do not grant Fitpinos oot the right of seif-organization and to jo" tabor organizations, (LABOR CODE, D.O. 9, Rule Il, Sec. 2 (1997);_ LABOR RELATIONS s (Rosario Bros.. Inc. v. Ople, 1 yee 590 July 31, 1984}; 7 Ma No. ent Employees, includin 4 geen owed ond cones corparetons | aatog 1 Garage crater (Anza, CA. GLA. Nea SOOO A 14, 1990); Fe eT ho ate tha Corporations win) The GOCG created 4, BPI its members (Benguet Electric } Ofginal charters cannot | under tha Corporation | se nev. FererCallia, GR. No. 79025, ben gowemas | ne. 989), However, they may form | conceming | by the Labor Code can the conditions of their | bargain with — the. | employment. However, | government they can negoliate | conceming the terms | Ghtough collective | and conditions of | negotiation agreements | employment. Thus, or MOA} with the! they have untrited.| government on those i bargaining nghts. | terms and conditions of employment hich are | “not fixed by law. Thus. | ‘hey | >: oeerers association (Nuove Eoja | Electric wine, Employees’ Assoc. v. NLRC, G.R. coef je066, January 24, 2000); and vonlneres o° those engaged in subversive aotivities: guilty of Foreigners to Form Labor Ggenkzation (Principle of Reciprocity) fins working in the country with valid permits Weed by DOLE indy exercise the right to salt fagaizaton and jolt or assist labo" organizations GPirer owe choosing. for purposes of collective tagalning; provided, tat said aliens are ‘iatignals, gacounty which grants the same or similar nants: | ii have limited ing rights. Teer eee Can only fom, join or {Can form, join, or | assist labor | assist labor | afifpina workers (LABOR, CODE, Ad. 284), organization tof | organization for | . + ‘ Vs 4 Purposes. not contrafy | purposes of CBA, etc. | Reigious Objectors* E a & (to tow. } he nghis of the membiisiot the fglesja nl Kristo = set roto join a labor unidh for being ‘contrary Forming, Joining. “or Assisting Employee's ther teligious beliefs does not bar members. of that Organization sea rom forming their own Union. The recognition Gonerat Rule: All”government employees can ofthe tenets of that sect stole not infringe on the form, join or assis employees’ organizations of tasic right to self-organization granted by the their own choosing for the furtherance and Constiution to workers regardless of religious protection of their interests. They can also form ‘ffiaion (Kapatiran se and Canning Div. labor-manggement ommittoes, work councils and Mupas Local Chapter No. 1027) v. Ferrer-Calleya, ‘other forms of, work's’ participation schemes to GR.No. 82914, June 20, 1984}, achieve the sama pbjéetives (E.0. 180. Sec. 1). level“émployees whose functions are normally “‘considered as policy-making or managerial, or whose duties are of a highly r Somfidentia! nature (E.0. 180, Sec. 3 and q a /Mémbers of the Armed Forces the Wh THB He pines, ncuding potee offcers, policemen, i ~ firemen and jail guards {E.0. 180, Sec. 4), In fact, they can vote for "NO-Union” in @ catifcaton election in the exercise’ of their fight to Sehorganization (Reyes v. ‘Trajane,, GR No, 24432, June 2, 1992). ae FRICLE 254: RIGHT OF EMPLOYEE MIBLIC SERVICE. Note: Employees of govemment corporations incorporated under the Corporation Code and fogistered wih SEC are governed by the Labor Cade nat by E.0 180. They are allowed to organize since: ; $n They are not involved in public service: and 2 Terms of employment are not fixed by law. A Erployees cannot | The GOGC which 1s a2iPStrkes since they | created under _ the Senn gmed by Civil | Corporation Code, se Lew, They are | their ‘employees are ned by Civil | covered by the Labor ‘Creat, Memorandum | Cave, Therefore, the Dan ot No. 6, under | employees have the protection of the Right to ‘Organize: (C\D) ‘administra his as those afl nol be subject to the sia ive | same rig h tect mployment shall aol be subject to ‘atlas’ OM staging | employees of Prvate % Geraiion that they shall not jin or shall ‘rotation corporations, one, of angus Yak membersho in the employees eegtatons, mass | which is tho 1 ranizations (E.0. 180, See. 5) ~—Halkouts_and | strike. SAN BEDA COLLEGE OF LAW 2016 CENTRAUZED BAR OPERATIONS 113ercyment or mecovements mm gnemment Severe ar be Re stil of megecaians betacen duly recognized engicyees organize and apgriprase qOvemment amores (EO. 180, Sec. 73. 11a SANBEDACOLLECE OF Law 2016 Cenreauzey Ban Ortranons t= ‘ne sed sopitstons i the SLR wihn nee a Gays from eceici erect EO. 180. Sec F 2. The sad organization has the many ee Gt he rankancfie employees % organizations! unit {£ 0. 180, Sec. 17) Certification Election ore et aE Mo or more dy Sy empCyeEs —organizatons mn the pe ‘9AeZabona! unt, the BLR, upon pesto Ss 1 Order the conduct of a certficabon eothe winner as the excluswe 2 cove of the rank-and-file employees in feeeganizabon wit (E.O. 180, Sec. 12} quratf Election in cases where there are atleast ie (3) contending, organizations and “none “ved a majonty of the valid votes cast. Oniy tne two (2) Tegistered employees organizations the largest and second largest number of reese in the first voting shail be voted on (CHAN, par Reviewer on Labor Law. 2nd Ed., (2014). p £91) hereinafter, 1 CHAN, Bar Reviewer] surisdiction any dispute which remains unresoived after prnausting all available remedies under existing fans and procedures may be jointly referred by the partes to the Public Sector Labor-Management ‘Council for appropnate action, arse Ukemse. the PSLMC has jurisdiction to hear charges of ULP filed by government employees agenst their employer: It-is composed of the following: ~~ 4. Chairman: Civil Servic Commissioner: 2. Vice-Chairman: Secretary of Labor; and : 3. Members: = a Secretary of Finanee; eas b. Secretary of Justice’iand c. Secretary of Budget {E.0. 180. Sec. 15). ARTICLE 255: INELIGIBILITY OF MANAGERIAL EMPLOYEES TO JOIN ANY LABOR ORGANIZATION; RIGHT OF SUPERVISORY EMPLOYEES: i 4. Managerial Employees are those who are vested with powers or prerogatives 10 lay down. ‘and execute management policies and/or to hire, transfer, suspend, lay-off, recall, discharge. assign or discipline employees. Primary duty consists | lof the management af] manager Sher getablisnment in|and/or to hire. (ransfer, are| suspend. lay-off, recall, ‘a|discharge. assign. oF or| discipline employees. which they or of ze LABOR RELATIONS “PR they are cassties as visory emproyees \To determine wnetner'To setemme an Jor not certan iemployse s etgtouty in J emplayees are covered joringtormg 2 labor | by Book Ill of the Labor union Code on Conanons of | [Broome Reason for netigibitity Managenal employees are the alter ego of the employers and thus they are supposed 10 be on the side of the employer to act.as as representatves, and to see to it that Hs interests are weil protected The empioyer 1s not assured of such protecton these employees are union members. In the same manner, the labor union might not be assured of therr loyalty to the union in view of the evident confict of mterest. The union can aiso become company-dominated with the presence of managerial empioyees in union membership {Bultelin Publishing Ca. inc. v. Hon. Sanchez, G.R No. 74425, October7. 1986) Note: Ar. 255 does not absolutely dssqualty managerial employees from exercising their ight of ‘association. What it prohibits is merely the right to join labor organizations ‘Types of Managerial Employees: a. First-Line Managers (often called supervisors) — direct ine operation of employees only and do Jot supervise other managers (eg. foreman, production supervisor in a manufacturing plant) b> Middle Managers - direct the actwitees of other sanagers and also operating employees (2.9. plant manager in an electronic firm). Top Mangers - Responsibie for the over-all management of the organization (e.g. CEO. president. SVP). ‘Among the three types. only the firstdine managers or supervisors can join. assist or form union (2 AZUGENA. supra at 258). 1. Supervisory Employees are those who, in the interest of the employer, effectively recommend ‘such managerial actions if the exercise of such ‘authority is not merely routinary or clerical in SAN Beoa COULEGE OF LAW 2016 CENTRALIZED Bar OpeRarions 115nature but requires the use of independent judgment. Supervisory Employoes May Form, Assist, Join a Labor Organization Supervisory Employees May Form, Assist, Join a ‘Labor Organization on their own and not with the rank-and-fle omployees (R.A. 6715, a8 amended by RA, 9481, Sec, 8). {f their responsibilities do not inherently require the exercise of discretion and independent judgment(or —merety routinarylclerical in nralure) then they may join the union composed of the rank-and-file employees, Note: It is the natura of the employee's functions, and not the nomenclature or tite given to his job which determines whether he has @ rank and file or managerial ‘status (Engineering Equipment, Inc. v. NLRC, G.R. No, .-69221, ‘December 26, 1984). ay The rank-and-file uni union operating within the’ same establishment ‘may join the same federaljon.or national union Separation of Unions Doctrine | ../ ley Tho ruling that supervigory empbyaes union, provided the grounds are Gresent, are prohibited from being affivated with a federatlon consisting of rank-and-file employees ions (Atlas. Lithographic Services, in0."y' Laguesma, G.R. No, 96566, January 6; 1992); no longer holds {tue due to the passing of R\A. 9481 (also known as An act strengthening’ the workers! constitutional right to sett-organization, amending for the purpose F.D. No. 442, as amonded, ‘otherwise known as the, Labor’ Code of the hiipnies) which emended Seq, 246 of .D, No Cw Me 1. Confidential Employaes assist and. adt in confidential capacity, or have access, © confidential matters of, persons who exercise.” managerial functions in the field tations. As such, te ralonalebehede Inoligtilty. of managerial employees to fom ‘assist of join a labor union equally applies te them (Philips Industrial Davelooment, ine. NLRC, GR. No, 68957, June 25, 1992), ° Confidential employees are those feason of their positions or ‘Nature of wa fe ‘equited to assist or act in a fiduciary manner to ‘managerial employees and hence, are likewiee Drivy (0 sensitive and highiy confidential records (Metroleb Industries, inc. v, Roldan-Confocos GR. No, 108855, February 26, 1996) . ‘SAN BEDA COLLEGE OF Law L 78 2016 Cenrmauzéo BaR OPcrarions LABOR RELATIONS SAN - ae Gh ‘andthe kpérveoms E Ol iy em By the very nature of thei fun sais ond ae 8 conser ee: hy, parsons who formulate, determine, er.) managemunt policies the ogg May, rolations. ote, The two ertera are cumulative, and yy be met f an employee 1s tc by con Ma confidonlial employee ~ eg. the eect rolalionship must exist betwen the atte and his suporvisor, and the supenet® handia the prescribed respansibilties ma, fabor rations. AS Such, the rationle bt ineligibility of managerial employees 14% assist of join @ labor union equaty apa’ them (Phils Industriel Cevelopment inc © NLRC, G.R. No, 88957, June 26, 1992, Under the Doctrine of Necessary Implication confidential employees are sirwlary dsquetey (National Association of Trade. Unicns-Repise = Plantors Bank Supervisors Chapter v. Tums 93468, December 29, 1964). Note: The phrase ‘in “the field of lato relations” is important. It stresses labor nema, ie. confidentiality of the position is related « linked to labor relations matters. Access to information which is regarded by te employer to be. confidential from the busness standpoint, such ‘as. financial information & technical trade secrets, will not render # < employee a confideniral employee (San Mp! ‘orp. Supervisors and Exernpt Union + ex Laguesme, G.R, No..110399, August 15, 1991) O ep bd Every alanagerépoStion is conidental baat & he does not become a manager without hats ‘gained the confidence of the appointing author But nol, every’ confidential employee pfianagerial, he may be a supervisory oF 8" rank-and-file employee, s ARTICLE 256: EFFECT OF INCLUSION 1 “MEMBERS OF EMPLOYEES OUTSIDE BARGAINING UNIT The inclusion as union members of anos Outside the bargaining unit shall not be 2 ot the cancellation of the registration of Hi Said employees are automatically ion Temoved from the list of membership of £3 pe Reason: After 2 cenicate of registration a 10a union, its legal personality cannot Be, jes 2 collateral attack. It may be questioned as Petition for “cancellaion, under ted Provided for in Art. 246 (Tagaytay Tr yea ‘Intemational Golf Club inc. v. TageviaY-ppinyees union, G.R. No. 142000, Jan. 22, Ef 0) 257; NON-ABRIDGEMENT OF THE sO SELF-ORGANIZATION itshallbe unlawful for any person to: (RCD!) 4, Restrain: 2, Gosrte . 3. Discriminate against: or 4. Unduly Interfere with employees and workers in their exercise of the right to self-organization, Note: Any act intended to weaken or defeat the att is regarded by law as an offense. which is technically called “unfair labor practice.” TILE SIX. UNFAIR LABOR PRACTIGES = CHAPTER I. CONCEPT iar ‘i ARTICLE 258: CONCEPT OF UNFAIR-LABOR PRACTICE AND ‘PROCEDURE FOR THE PROSECUTION THEREGF. i Nature of Unfair Labor Practices: (1°C°U) 1. Are Inimical to the legitimate interests of both labor and managementy:including theiecright-to bargain collectively and otherwise deal with each other in an atmosphere of freedom and mutual respect; * 2, Disrupt Industrial peace: , 3. Criminal offenses against the State (ULP as _ crime prescribes in one year) 4. Violation of Givil rights Tof both labor and management, oy 5. Violate the Constitutional right genres and employees to self-organization: an z 6. Creates Unstable labor-management relations. i Elements of Unfair Labor Prattl 1. Employer-employee relationshipbetween the offender and the offended; and 4 2. Act done is expressly defined in the code’ aman. ‘et of unfair labor practice. (2 AZUCENA, supra at 290). 7 Note: Prohibited acts are all relate to the workers’ self-organizalional right and the observance of a CBA, except Art. 259() of the Labor Code, Gsmissing or prejudicing 2” employee for giving testimony under the Code. 1. 1% element of ULP does not apply to yellow dog condition. x E technical meaning, 3 1s hasractice une t0 labor, although the trenger may either be an employer of a labor organization. LABOR RELATIONS 7. However, in another decision, 1. It refers to acts opposed to workers" right to organize (Anti-unionism acts). 2. The prohibited acts are related to the worker's right to self-organization and to the observance of the CBA. Without that element, the acts, even if unfair, are not unfair labor practices (General Santos Coca-Cola Plant Free Workers Union-Tupas v. Coca-Cola Bottlers Phits., Ine. (General Santos City), G.R, No, 178647, February 13, 2009). 2. It commonly connotes anti-unionism. 4. It also refers to gross violation of CBA Provisions. Gross means the act is malicious and flagrant. 5. ULP cases are not, in view of the public interest involved, subject to compromise (CLLC E.G. _.Gochangco Workers Union v. NLRC, G.R. No. 1-67188,,May 30, 1988; AFP Mutual Benefit © “Asse9,;-Iac, Vv. AFP-Mutual Benefit Assoc.,Inc. Employees’ Union, GR. No. L« 39140, May 17, 1980). © be - 16. A ULP charge allegedly committed during a given period of timé.stould include all acts of ULP committed against any and all members of the union during that period—-no splitting of causes of action (Dionela v. GIR, G.R. No. L- 18334, August 31, 1963). the Supreme Court approved. a compromise agreement finally settling an illegal strike case. It said that while the Caurt does not abandon the rule that unfair Jabor practice acts are beyond and ‘outside the sphere of compromises, the agreement herein was voluntarily entered into ‘and. represents a reasonable seltlement, thus it binds the partis (Reformist Union of R.B. Liner, Inc. y. NLRC, GR. No. 120482, January 27, 1997). Civil Case of ULP v. Criminal Case of ULP i Ferric Kerrey of employer: or Labor organization, officers and agents. who participated or authorized or ratified the act; and . Agents, representatives, members of the government board, including ordinary members (Art. 304 & Art. 260) ete Labor Arbiters of the|MTCI/RTC, as the case NLRC may be (Art. 303)— ae Ce Co oas As fo Quantum of Proof ible Natevidonce — [Beyond reasonal ined doubt {subject to prosecution and punishment) ie ‘One year from the|One year from the fecorual of the ULP act] accrual of the ULP act (Art. 305) (Art. 304), however. it will be suspended once the administrative case has been filed and would only continue running onoweetha administrative case has, altained fineitys > 5) Final judgment ~in =the administrative =" }proceeding finding that ye has ~~ been @ommitted “sis a [prerequisite in filing a 1 etininal case for ULP. eo et ee [Nate: Final jidgrient in tha ‘administrative progeedings shall not be | binding in the. criminal case nor shall. be considered as an exidence of » guilt but merely” as @ proof ‘of Jcompliance of. the requirements prescribed by the Code, CHAPTER it. UNFAIR LABOI ES (UG OF EMPLOYERS: PERCHES Ol, ne ARTICLE 259: ULP THAT MAY BE COMMIT (OF EMPLOYERS: (W-C'DEVPY) ED. 1. Interference; 2. Yellow Dog Condition; 3. Contracting Out; ‘Company Domination of Union; Discrimination; Discrimination Because of Testimony; . Violation of Duty to Bargain; Paid Negotiation; or Violation of CBA. OoNOOE Interference means to interlere with, restrain or coerce employees in the exercise of their right to self-organization. SAN BEA COUEGE OF Law 118 2016 CenTRAUzeD Bar OPERATIONS ~ LABOR RELATIONS ie Test: Whether the employer has eng conduct which, it may reasonably be aoe a to interfere with the {roe exercise y(t employees’ right and is not necessary that yt® be direct evidence that any empioyee was nit? intimidated or coerced by the statemene2 threats or the employer if there 1s a reason” interference that the anti-union conduct ao employer does have an adverse effect of organization and collective bargaining (m Insular Life Assurance Co.. Ltd. Emplyert Assoc.-NATU ¥. The Insular Life Assurance Cs Lid, G.R. No. 1-25291, January 30, 1971}, Totality of Conduct Doctrine - the culpabiity oy employer's remarks is to be evaluated not oniy on, the basis of their implications, but against the “libackground of and in conjunction with collateral -circumstanges (The Insular Life Assurance Co, A.td Er Assoc.-NATU vr The Insular Lte Assurancé’Co,, Ltd., supra). Examples: wes Ja. There. isan outright and unconcealed intimidation by thesemployer. b. The employer subjects the employee to questioning regatding his/her participation in the union. In order. that interrogation would not be deemed coercive: i. The employer must communicate to the ‘employee the purpose of questioning: fico -Asaure him that no reprigal would lake Place; andy ~~ ii, Obtain employee participation voluntarly. & The employer shows hostility to unico organization. d.y The employer expresses hisher opinion ip. amn intimidating manner. Se Ae Thé Coust hetd-that from the employer's refusal © ebargain stovits—acts of economic inducemenis fesuitting in-the promotion of those who withdeW fromthe union, the use of armed guards © crbfovent-the organizers to come in, and lismissal of union officials and members. 0% Cannot but conclude that the employer did no Went a union in its hacienda — a clear interferen”® in the right of the workers to sel-orgenzaley (Hacienda Fatima v, National Federation Sugarcane Workers-Food and General Ted GR, No. 149440, January 28, 2003) ‘Note: An emptoyer who interfered with the ie to self-organization before a union is reg! ol can be held quity of ULP (Samanen Menggagawa sa Bandolino-LMLC v. NLRC. 6* No, 125195, July 17, 1997). 't is the prerogative of rome the company to Pt transfer, or even demote its anicvens ‘to otheee __ LABOR RELATIONS ons when the interests of the company rab jemand it, Unless there are ees t008 ‘which directly point to interference pany with the ‘employees’ right to self- brgarizaton: Me transfer of an employee should aninggerod 26 win tne bounds allowed by ide Oe (eg. sespite ‘transfer to @ lower position, his (of nx and salary remained undiminished) fruoberwori (OIE) Inc. v. NLRC, G.R. No, U5roa, July 18. 1989) yellow og Condition requires as @ condition Feremployment that @ person oF an employee we not jain 2 labor organization or shall tipdraw from ane to which he belongs, 2 yatow Dog Contract is a promise exacted from Yelpers a8 condition of employment that they wna to belong to, oF allempls to foster, @ union ering their period of employment, Its null and void because: (CWD) 3. iis Gontrary tantamount to involuntary servitude: b. [tis entered into Without consideration for employees in waiving their, ight. to..selt ‘organization; and c Employees are Disadvantageous coerced to ‘sign contracts to their farnily. be considered Note: A yellow dog condition may gf an Ere ULP evan in the absence relationship. e to contract out performed by union with, restrain 4. Contracting Out means services of functions being members when such will interfere romper wamployees in-the exerciae of Ino right to self-organization’ . Outsourcing isnot perseULP Conditions for valid outsourcing’ ‘a. Motivated by good faith; am b. Must not re been resorted {0 cirovmvent the law or must not have been the result ol malicigus of arbitrary action (meni Elect Company v. Quisummbing. GR. No. f Jan, 27,1999). However, when the done for business Tea! busine jacy of equipm™ ss, inadequacy Of Fo of manager cost, then it is a val prerogative (48 Am. Ju vad 1101.) to 4. Company-Domination of wise intertere initiate, dominate. 285st fron of any '200F with the formation of acinist tO) cil organization, including gt + officers: other support to it or organi “to ‘public policy far JN fey aaa” Trea Componer ~p,, It gives validity Company UnionismiCaptive Unionism is paskancss . ULP because the officers wil! be employers and they will afier the interest of whom they repsiea natenk Forms A baie ot the company uion ies by utright formation bj __ fepresentatives; amperes Ne Ji, Employee formation on outright demand __ or influence by employer: and fi, Managerially motivated formation by employees. b._ Financial support to the union by: i Employer defrays union expenses; ji, Pays attorney's fees to the altomey who drafted the Constitution or by ‘aws of the union; ¢. Employer encouragement and assistance - Immediately granting of exclusive recognition a bargaining agent wihort 1 determining whether the union represents ‘majority of the employees. y Fu. ‘Supervisory Assistance - Soliciting membership, permitting union activiies Guring work time or coercing employees 10 join the union, by threats of dismissal oF demotion. ; 6, Discrimination with regard to wages, hours of work, and olher tems and conditions of employment iq, order 10 encourage | OF discourage membership in any organization, f , Test: Whenever benefits or privileges given to Mee is not given to the other under simlar oF or ical conditions when Giractad fo encourage fr discourage union membership. ints of Discrimination diserimination in terms and ‘of employment in order 0 discourage membership in the ‘a. It profibits ‘conditions 2-encourage oF tion; to union security agreements; and c. It allows an whereby agency fees may ‘agency shop arrangement be coliecied from non-union members. Discrimination Distinguished from Classification is considered an unfair labor practice, classification is not becalse it merely Fiferentiales the employoes i9 actordace with cee respective jobs and accords, (ner the aparopriale levels of pay of benetis due them by season thereof (2 AZUCENA, supra at 322). While discrimination San BECA COUEGE OF LAW 2016 CENTRALIZED BAR OPERATIONS 119oe 6. Discrimination Because of Testimony To dismiss, discharge or otherwise prejudice or discriminate an employee who is about to give or has given a testimony under this code. Subject matter of testimony: ft can be anything under the Code. What is considered as ULP is the employer's tetaliatory act regardiess of the subject of employee's complaint or testimony. In effect, If a retaliatory act is done under Art 118, the consequence is ULP under Art. 254(7 (Mabeza v.NLRG, GR. No. 118506, Apri 18, 7997). Note: This is thé only ULP not required to be related to employee's exercise of the right to self organization and collective bargaining (Philcom Employees Union v. Philippine Global Communications, G.R. No, 144345, July 17, 2006). hy . Violation of Duty fé Bargain is to vidjale the: duty (o bargain coléctively as prescfibed by thle oes féfusal | I Code. ‘The following acts are held to to bargain: a a. Alleging that the unioh i irresponsibie b. Transfering sat” el a f@ the uni y Run-away shop is ah unfair labor practice of management which usually’ takes place by effecting the transfer of Qwinership, the plant itself, or its equipment, or by tomporarily closing its business purposely to-bust the union or to evade the payment of legitimate obligations (Complex Electronics Employees Association v, NLRC, G.R. No, 121315, July 49, 1999). (Run - Away Shop), Delaying _ negotiations ~~ unrelated matters; Rejecting a union's offer majority claim; @. Engaging in surface bargaining; Oo Surface Bargaining means going through the motions of negotiating without any legal intent fo reach an agreement. it involves the question of whelher or not the employer's conduct demonstrates an unwillingness to bargain in good faith or is merely hard bargaining (Standard Chartored Bank Employees Union v. Confesor, G.R. No. 114974, June 16, 2004). f. Refusal to make a counter-proposal to the union's proposal for CBA negotiation (General Miling Corp. v. CA, G.R. No. 146728, February 11, 2004); SAN BEDA COLLEGE OF LAW 120 3016 CENTRALIZED BAR OPERATIONS SAN _K ~~ LABOR REA NS ti NOT ULP: An employer's steadtast in to exclude a particular substantive pet from the union's proposal is no diferent gat bargaining representative's. perseverane”? include one that they deem of a necessity (Union Filipino Employees ys Philippines, inc., G.R. Mos. 158930-31, ye® 3, 2008). There is no ULP on the part of the because its adamant insistence on a barganny position to the point where the negotay . reach an impasse does not establish bad fap, 1 is but natural that at negotatons management and labor adopt postions a make demands and offer proposals ang caunterproposals (General Milling Cop. y Union of Filipro Employees, G.R. No. 79255, ~January 20, 1992). 2 F [Hotever, there is ULP when the employer ca = “not even submit an: answer to the bargaining E [proposals', @f the union (General Milng e ol Corporation v. CA, G-R. No. 146728, Febvay 11, 2004). b g. Closure of ithe! bisiness and subsequed opening of the same in bad faith for te purpose of circumventing the Union's right io collective bargaining; = Factors to bé considered: ‘ci, Timing of the closure and .reason of te 2 ©), elosure; ang 77 of Pit Timing of “the. subsequent opening =f + 5) teasons’ for ‘the subsequent opening (S’ gg jon Colleges, no. v. St dot heme? Faculty and Employees Union, GR. 167892, October 27, 2006). ployer “proceeds to negotiate wi 2 (1 splinter union despite the existence % & sé

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