Labrel Reviewer Poquiz
Labrel Reviewer Poquiz
Labrel Reviewer Poquiz
• It denotes all aspects of ER-EE relationship w/c involve Q: How may the NLRC exercise its quasi-judicial powers?
concerted action on the part of the workers. A: It is exercised thru the different divisions. There are 8
• It is usually associated w/: divisions. In each division, there are 3 commissioners. The
1. unionism; chairman comes from the gov’t. The others, from both the
2. collective bargaining; management and labor sectors.
3. negotiations; and
4. concerted activities (strike, picket, mass leave) NLRC LABOR ARBITER
• The purpose of LabRel is to align the differences b/w IBP member IBP member
ER-EE so that there will be peace, tranquility and order.
15 years in practice of law 10 years in practice of law
PARTIES:
5 years experience in Labor 5 years experience in Labor
• In the event of labor dispute, there are 4 parties management management
involved:
(a) Immediate/ Active parties (ER & EE) Assigned in the region where
(b) Passive/ Inactive parties (Gov’t & Public) he comes from
Updates by CRUZ.DE DIOS.RUIZ ’17-’18 Notes and comments by Dean Salvador A. Poquiz LABOR RELATIONS REVIEWER
- There are cases where the Sec. of Labor had a
separate return to work order. 2. Discrimination
3. Striking workers should return to work, otherwise, they - if the unequal treatment is designed or calculated
are deemed to have lost their employment status or to get rid or discourage unionism, it is ULP.
they can be dismissed upon compliance with due (a) laid off
process. (b) retrenchment
4. The AO contemplates only actual reinstatement. (c) transfer of EEs
- The returning striking workers should be reinstated
actually by the ER thru their former positions under 3. Company unionism
the same terms and conditions of the ER. - the union is organized at the instance of the co. or
- Under the law on dismissal, the ER is given the ER.
option to reinstate either actually or via payroll. But
on the law of assumption of jurisdiction, payroll is (a) organized by the co.
not allowed.
XPN: Under special circumstances, they should be Q: How may an employer organize a company union?
reinstated via payroll if there will be an awkward A: Thru the ff:
situation or legal/ physical impossibility. 1. economic support - turning the assoc. to a LU,
5. Sec. of Labor has concurrent jurisdiction over cases organized in the instance of the ER;
that are cognizable by LA. 2. legal support - the ER gives the best lawyer to be
• Under Art. 224, the LA exercises exclusive able to build a union; and
jurisdiction over termination disputes, ULP etc. 3. psychological support - promises of a better future,
XPN: Under assumption order & pending litigation, trust fund etc.
the Sec. of Labor can take over pending cases.
(b) not organized by the co.
UNFAIR LABOR PRACTICE (ULP) - A militant union but bec. the ER captivated the heart
• It is an act by ER w/c violates the constitutional right of and emotions of the union, the union became a
worker to self organization, w/c includes: company dominated union.
1. right to form a union
2. right to take part in its formation 4. Refusal to bargain collectively
3. right to join or assist a union in CBA - the duty to bargain collectively means the mutual
4. right to negotiations obligation of the ER to confer promptly and
5. right to engage in concerted activities for mutual expeditiously on reasonable terms and conditions
help and protection of employment and in good faith, providing the
machineries of settlement therein
Q: Are there instances when ULP is committed in the
absence of ER-EE relationship? Q: When may mutual bargaining start?
A: YES. In the ff. instances: A: The union submits a proposal and as a mutual
(a) Doctrine of innocent bystander - ULP can be obligation on the part of the ER, the ER is mandated to
committed against a non-ER. submit a counter CBA proposal w/in 10 days of receipt.
(b) Yellow Dog Contract - an agreement where an
applicant to the job should not be a member of a When the ER received the counter CBA and the ER does
union or he is required not to join any labor union. not submit a counter CBA, the CBA proposal submitted by
He renounces his constitutional right to self the union will become the governing CBA in the company
organization. premises.
• The nature of ULP is not just administrative or civil (a) Good faith bargaining (Boulwareism) - this is our
offense but is also a criminal offense. It is the regular proposal, “take it or leave it”. It was introduced by
courts which has jurisdiction over the criminal aspect. Lemuel Boulware (VP of General Electric)
However, there must be a final decision on the (b) Surface bargaining - the ER procastinates &
administrative or civil aspect before he can file the delays the proceedings, the ER has no intention
criminal aspect. of signing an agreement
(c) Runaway shop - they transfer their business to
TYPES OF ULP: another location to avoid CBA
a) ULP COMMITTED BY THE ER Q: When they discovered it, they held a strike at
• In ULP, the purpose of any act of the ER is to discourage the place where the ER transferred. Is the strike
unionism. To get rid of the union. legal?
Types of ULP committed by the ER: A: YES.
1. Interference, restraint, coercion
- This can be committed through the ff: • The concept of the duty to collective bargaining is it
(a) economic means - sweetheart contract, includes reasonable terms & conditions of employment.
where there will be collusion b/w the union &
the ER; 5. Providing negotiation fess & services
(b) physical means - the ER kidnaps the Pres. of - This will result to incomplete, inadequate CBA.
the union to scare him if they will push
through w/ the CBA; and 6. Contracting out of service
(c) psychological means - sending death threats;
sending an empty coffin
Updates by CRUZ.DE DIOS.RUIZ ’17-’18 Notes and comments by Dean Salvador A. Poquiz LABOR RELATIONS REVIEWER
- If the contracting exceeds 6 months, that will 2 ASPECTS OF DUE PROCESS:
amount to ULP. The purpose is to get rid of the a) Substantive
union w/c is a ULP. - this refers to the legality or illegality of the act of
dismissal; no EE shall be dismissed except in
7. Giving out testimony causes provided by law
b) Procedural
8. Gross flagrant violation of the CBA - this refers to the legality or illegality of the
- This refers to economic provisions. manner of dismissal
• Increase of wages 1. 2-Notice Rule
• Other addtl & labor standards benefits 1st Notice
• Leave credits - it must be formal specific discharge; “violation of
• Increase of benefits Company Rules and Regulations” — it is NOT
• Escalator clause - in the event of sudden considered as specific discharge.
increase in the prime commodities of consumer - you reply w/ an intelligible answer if the discharge is
price index brought about by soaring prices, NOT specific.
this provides that there will be a gradual 2nd Notice
increase in wages if there is increase in - this is the notice of dismissal;
commodities. - inform the EE of the decision to dismiss him;
- give the EE the chance to contest validity by filing
b) ULP COMMITTED BY THE UNION proper complaint
Types of ULP committed by the union:
1. Blue sky bargaining 2. Opportunity to be heard unless the party
- the CBA proposal contains economic demands requests for a hearing (Perez doctrine)
that are unreasonable, exaggerated bargaining
proposals; the economic demands are sky high or D O C T R I N E O F C O M M E N S U R AT E P E N A LT Y /
beyond the economic reach of the employer. PROPORTIONAL RULE:
- penalty imposed proportionate to offense committed
2. Feather bedding activity 1. Length of service
- it means prolonging the work for the union to earn; 2. Gravity of offense
compelling the ER to pay services rendered or not 3. Nature of the position/ employment
rendered, performed or not performed; this is a form 4. Nature of the business
of extortion committed by the union to the ER. 5. First offense rule
ex. the employer only needs 50 people but the union 6. Totality of infractions (Collective infractions
compels the ER to pay for 75 people. rule)
7. Principle of charity, compassion and
3. Restraint, coercion, discrimination on the part of understanding
the union 8. Principle of equity
4. Strike coercion on the part of the union
5. Accepting negotiation fees from the union 2 TYPES OF DISMISSAL: (JUST CAUSE &
6. Violation of the CBA of the union AUTHORIZED CAUSE DISMISSAL)
1. JUST CAUSE DISMISSAL
TERMINATION DISPUTES - this is initiated by the EE;
• It has something to do on law on dismissal; post- - in the Toyota doctrine, all has no payment of
employment separation pay;
- for non-compliance by the ER of the due process of
LAW ON DISMISSAL just cause dismissal, he is liable to pay indemnity or
nominal damages amounting to P30,000.00
• According to Article 3, Section 1. “No person shall be
deprived of his life, liberty and property without due Types of Just Causes:
process of law.” a) Serious misconduct
• Due process class and right to security of tenure. - wrongful or improper conduct that is committed in an
• Labor is a property. One’s labor is property within the aggravated or serious manner.
mantle of the Constitution. A worker may not have any - to be a just cause dismissal, it should be serious; if it
property except his labor. were a minor misconduct, then it is not a just cause for
dismissal (too harsh a penalty).
DUE PROCESS
“Audie alteram partem” examples:
- No one shall be condemned and unheard • Sexual harassment
- the Anti-Sexual Harassment Law is designed to protect
Q: What is the quantum of proof in labor proceedings? employees from over sexed superiors
A: 2 Types of Sexual Harassment
GR: Substansial evidence, w/c a reasonable mind 1. Quid pro quo - “I give that you may give”;
may find adequate to justify conclusions. something for something
XPN: To prove the validity of dismissal rest upon - economic in nature committed by
the ER to prove it under clear, positive, convincing superior officer who has moral
and accurate evidence. dominance, ascendancy over the victim
- procurement of sexual favors
Compiled by A.A. Dizon ’15-’16 Page 3 of 18
Updates by CRUZ.DE DIOS.RUIZ ’17-’18 Notes and comments by Dean Salvador A. Poquiz LABOR RELATIONS REVIEWER
2. Hostile environment - because of the EE’s gross negligence, it caused the ER
- unwelcome sexual remarks, advances, a tremendous damage
utterances, flirtations ex. Manager assigned in a very delicate position but he
- physical conduct of a sexual nature failed to perform his functions. Several company
where an employee is placed in an properties were spirited out unknowingly by such
intimidating, hostile and offensive manager. This will justify dismissal.
environment. - there were some cases where in although not habitual,
but if it is gross, then that will justify dismissal
• Fighting in company premises
- No work, no pay (they stop working when there is fight). e) Other analogous causes
There must be body contact in order to be serious. 1. violation of company rules
2. unauthorized absences
• Gambling 3. serious insult/ unbearable treatment of ER
- Serious misconduct because of its pernicious effects. 4. abandonment
- over acts/ willful intention to ever ER-EE
• Sexual intercourse in company premises relationship; there must be willful, deliberate
- this is inflamed either by lust or affection, these are refusal not to return. The ER must notify the
immoral acts that affects moral decency. Immoral acts employee, still need to observe the 2-notice
are any act not accepted by community (ex. married rule but w/o hearing
man w/ another family). The basis of determining
immorality is the public and secular basis. 2. AUTHORIZED CAUSE DISMISSAL
- this is initiated by the ER;
• Theft - mandates payment of the separation pay;
- it is an act of dishonesty, you also have to consider the - for non-compliance by the ER, he is liable to pay the
amount of the property taken because you need to amount of P50,000
consider also if the penalty is proportional to the offense
committed. If it is negligible, dismissal is too harsh a Types of Authorized Causes:
penalty. a) I n t r o d u c t i o n o f L a b o r S a v i n g D e v i c e
Automation
• Drug-use in company premises - replacement of workers by machines resulting to
- the refusal to take the test (confirmatory test & technological employment
screening test) is considered a serious misconduct and Requirements:
may be dismissed. The ER must inform the EE of the 1.
2 separate notice rule - notice to the DOLE and 30
test results, without this it is considered illegal dismissal. days notice to the EE to be discharged;
2. Fair and reasonable criteria - less preferred status,
seniority based on first in last out rule, length of
b) Willfull disobedience
- there is deliberate refusal to obey lawful orders of the service; this is not provided by law but perhaps in
the employment contract or CBA
ER; repeated commission of same irregularity. 3. It must be done in good faith
However, insubordination is an isolated act and not 4. There must be payment of separation pay
justified by dismissal. - If it is done just to get rid of the union, this will amount to
- It does not mean that if there is a violation of the lawful constructive dismissal and ULP.
order, that automatically dismisses an employee. We
must determine first other circumstances before b) Retrenchment
imposing the supreme economic death penalty which is - ER is on the verge of economic collapse; the ER is
dismissal. losing
- the ER can embark on retrenchment to prevent losses
c) Willfull breach of trust and confidence - the purpose of retrenchment is to prevent the eventual
- it has something to do with protection of company economic catastrophe that will lead to the downfall of
money and propery the ER; so the ER can reduce company personnel to
2 Types of positions: prevent losses
1. Fiduciary/ Rank and file employees - partial closure is also considered as retrenchment
- requires a tedious, rigorous procedure in Requirements:
the dismissal 1. 2 separate notice rule - notice to the DOLE and 30
days notice to the EE to be discharged;
2. Managerial employees 2. Fair and reasonable criteria - less preferred status,
- mere finding of the basis of loss of trust and seniority based on first in last out rule, length of
service; this is not provided by law but perhaps in
confidence will justify dismissal; it is the the employment contract or CBA
extension of the personality of the 3. It must be done in good faith
management/ alter-ego of the ER 4. Proof of financial pay
5. There must be payment of separation pay - half
d) Commission of a criminal offense month pay for every year of service (company is
- any commission of a criminal act against the person of losing)
the ER or his immediate family member will justify
dismissal Q: What kind of losses are contemplated under the LC?
A: Actual and anticipated/ impending losses
e) Gross and habitual neglect of duties
Updates by CRUZ.DE DIOS.RUIZ ’17-’18 Notes and comments by Dean Salvador A. Poquiz LABOR RELATIONS REVIEWER
• There is no prohibition for the ER to embark on retrenchment if - to be valid, it must be done in writing by the
he could perceive that its economy will go down the drain. EE and the acceptance must also be in
writing.
c) Redundancy
- it is no the duplication in work function; Q: Can you withdraw resignation prior acceptance?
- a position is redundant when it is superfluous. A: Yes.
Superfluity is the outcome of some factors: Q: After acceptance?
(a) Over-hiring of workers A: No more because there is already
(b) Decline in the volume of business termination of ER-EE relationship.
(c) Closure of a particular line of an economic
activity previously engaged by the ER • If the EE insists on coming back and the ER
- there are excess services that are NOT needed by the accepts, he should be treated as a new EE.
ER. These surplus over-hired additional works are NOT
needed by the ER, so they must be discharged. Q: May resignation be done verbally?
Requirements: A: The verbal resignation can be accepted because
1. 2 separate notice rule - notice to the DOLE and 30 there is no legal prohibition as long as it is accepted
days notice to the EE to be discharged; through writing.
2. It must be done in good faith
3. There must be payment of separation pay - full
month pay for every year of service RELIEFS FOR ILLEGAL DISMISSAL
• If there is violation on the substantive (act) &
d) Disease procedural (manner) aspects of due process,
- the ER must prove it by way of medical certificate there is an illegal dismissal.
issued by a gov’t hospital/ clinic or doctor; • You may file it w/ Regional Arbitration Branch of
- the disease cannot be cured in the period of 6 months; the NLRC having territorial jurisdiction of the
if it is curable w/in 6 months, he should be allowed to on workplace of the complainant.
LOA
Requirements: Q: What are the normal consequences of illegal
1. 2 separate notice rule - notice to the DOLE and 30 dismissal?
days notice to the EE to be discharged; A:
2. It must be done in good faith 1. Reinstatement
3. There must be payment of separation pay - half - restoration of the dismissed EE to his former
month pay for every year of service position
2 Types of Reinstatement:
e) Closure of business a) Actual
Requirements: - employee reinstated to his former position;
1. 2 separate notice rule - notice to the DOLE and 30 perform his services and receives his
days notice to the EE to be discharged; compensation
2. It must be done in good faith - immediately self-executory pursuant to the
3. Proof of financial pay
4. No payment of separation pay Pioneer ruling, there is no more need for a writ
of execution
f) Analogous causes b) Payroll
- he does not perform his services but receives
CONSTRUCTIVE DISMISSAL his compensation
- It is a dismissal in disguise; this is quitting of the job
since continuing the employment has become • ER is given the option to reinstate either actually
impossible, unreasonable, unlikely and unbearable or in the payroll.
under the circumstances. • The ER may reinstate an employee in the payroll
- Authorized dismissal done in bad faith will amount to if the actual reinstatement is no longer possible.
constructive dismissal. It is an involuntary resignation or 2 reasons:
serious insult or unbearable treatment to EE that will (i) the ER believes that there was valid cause
force him to resign. for the dismissal
examples: (ii) ER does not want to see anymore any
1. Demotion in rank unwanted face in the company premises
2. Outsourcing beyond 6 months bec. it may demoralize other workers
3. Resignation - voluntary in nature BUT if it is due
to being oppressed this will amount to Q: Is there violation of “no work, no pay” in payroll
constructive dismissal reinstatement?
4. Preventive suspension - should not be beyond A: Generally, yes. BUT since it is the mandate of
30 days otherwise it will be constructive the law, although it is harsh, there is no violation
dismissal under the dictum dura lex sed lex.
Updates by CRUZ.DE DIOS.RUIZ ’17-’18 Notes and comments by Dean Salvador A. Poquiz LABOR RELATIONS REVIEWER
(iii) Cause the issuance of writ of execution - There should already be sever antagonism where
only for the reinstatement w/c is motu the ER and EE cannot look at each other eye to eye
proprio on the part of the LA anymore
- As a form of compromise to reinstatement
2. Backwages o Backwages and Separation Pay
- restoration of the loss income brought about by
illegal dismissal e) The position was already abolished or filled-up
- he should be paid separation pay as a form of - Legal Impossibility
compromise to reinstatement, if reinstatement is - He should be reinstated in a substantially equivalent
not possible position
- If this cannot be done, the remedy is payment of
• Refund Doctrine (Gino-gino case) is already separation pay plus backwages as a form of
abandoned by Garcia v. PAL compromise.
- Refund salaries pending appeal is NOT
allowed anymore or else it is unjust f) Prescription is four (4) years
enrichment. - Four (4) years also in illegal dismissal cases
Updates by CRUZ.DE DIOS.RUIZ ’17-’18 Notes and comments by Dean Salvador A. Poquiz LABOR RELATIONS REVIEWER
• “Technical rules are not binding and prior resort to • File answer within 10 days from receipt of
amicable settlement” memorandum of appeal
- Relaxed in labor proceedings because the purpose
is administration of speedy labor justice. c. Posting of the appeal bond
• Two Types of Bond to be posted:
2) If after the PC, there is no settlement reached: o Cash
a) The LA will require the parties to simultaneously o Surety
submit position papers – issued by a reputable bonding company
- This is called Position Paper Proceeding
- Not a violation of due process Q: What is the requirement of the law on bond?
because the parties are already A: Monetary minus damages and attorney’s fees
given opportunity to be heard
- This is substantial compliance with Q: Does the LA fix the amount of the bond?
due process A: No. LA is not allowed to fix the appeal bond. The
OR law itself fixes the appeal bond
b) The LA can go on with the case on a trial type
proceeding Q: How much are you going to post?
- Subject to LA’s discretion and not the A: Reasonable amount of the bond
parties.
Q: Can the appellant employer file to reduce bond?
3) If the position papers were submitted on the scheduled A: Yes, but should be filed during the reglementary
date period to appeal accompanied by posting a reasonable
- They will require a reply amount of the bond.
• A reply under the rule is the last pleading.
• Submitted for resolution (30 days), while OFW Q: What is he did not post a reasonable amount of the
cases (90 days) bond, instead he posted 10% of the monetary award.
Is this allowed?
4) After a decision is rendered and there is a finding of A: In the case of Mcburnie v Ganzon, 10% is allowed
illegal dismissal: but applicable only for the purposes to reduce the
- The reinstatement is immediately self-executory bond but not to perfect an appeal
- No more writ of execution
Q: What if he filed to reduce bond but did not post
If you were the Lawyer, ask the Client if he would bond, what is the legal effect?
APPEAL or NOT! A: The decision of the LA will become final and
• If they file a MOTION FOR RECONSIDERATION, he executory under the Doctrine of Immutability of Final
must comply with the requirements of appeal. Judgment.
- In one SC decision, MR was treated as a mode of XPN: Backwages are continuous/addup until fully
appeal. satistfied; Can file motion for recomputation of
backwages even if decision is already final
• Upon receipt of the decision of the LA, you have 10
calendar days to appeal. d. Personal Service
Q: The EE won in the case, but there was no e. Approval of the record of appeal
reinstatement as decided by the LA, the EE • XPN to Bond:
appealed. In the commission level, they ordered o UERMMC Case, wherein the Employer can
reinstatement provided in the decision of the post bond provided value of property is
NLRD and not the LA, is reinstatement substantial to cover monetary award.
immediately self-executory? Q: Can you post 10% for perfecting an appeal?
A: No.
• In Macberry v Ganzon, the SC allowed 10%
A: NO. initial amount.
NOTE:
✓ If done by the LA – YES
✓ If done by the NLRC, COMMISSION (4) APPELLATE JURISDICTION
LEVEL – NO because it requires issuance 1. Before it is assigned to a ponente commissioner,
of a motion there will be a consultation.
- Purpose is to prevent a one-man decision
REQUIREMENTS OF APPEAL
Q: What if before the commissioner decides on
a. Payment of docket fees the merits, he required the parties to have a
• If not paid, appeal will be dismissed because it is a conference for purposes of amicable settlement?
matter of jurisdiction Is this allowed?
A: No legal prohibition. Technical rules and
b. Submission of a memorandum of appeal procedures are relaxed in labor proceedings.
• Copy furnish the other party
• Mere procedural or formal lapse if you do not give a Q: If no amicable settlement, they submit for
copy; not fatal decision. If the LA affirmed in toto by the
Updates by CRUZ.DE DIOS.RUIZ ’17-’18 Notes and comments by Dean Salvador A. Poquiz LABOR RELATIONS REVIEWER
commission, the employer loses again. What
should the employer do? SUPREME COURT
A: File a motion for reconsideration within 10
days from receipt GR: File with the SC on the ground that there are purely
questions of law and GADALEJ
Q: What are the purposes of the MR? o Because CA is their fact-finder
A:
- To rectify the error committed XPNs:
- To c o m p l y w i t h t h e e x h a u s t i o n o f - If there are mere speculations
administrative remedies - Possibility that there were facts not given serious
- The MR is a requisite sine qua non prior consideration or if given consideration, this may
certiorari amend or modify the decision
- The decisions of the LA, NLRC, CA are contrary to
Q: What if, MR is denied, and upon receipt of the each other; in collision or at odds at each other; when
denial, how many days to file a petition in Rule the decisions are diametrically opposed to each other.
65?
A: 60 days Before Entry of Judgment
Q: If the SC still decides against the ER, can he file an
Q: What should be included in the petition? MR?
A: Three essential dates A: Yes.
- Date of receipt of the decision of the
NLRC Q: If the MR is denied, can you file MR over the
- Date when MR was filed denial?
- Date of receipt of the denial of the MR A: Yes.
Q: In your petition to the Court of Appeals Q: If denied again, can you file another MR?
A: Submit 3 hard copies and the soft copy & pay A: Yes.
the docket fees and other fees.
• You can file until finally, the SC issues a resolution that
2. If duly receive by the CA, it will be raffled. you cannot anymore file a motion, otherwise, it will be
• The raffling of cases in the CA is always dealt with accordingly.
observed and participated by one justice.
• Every raffling day, there is assigned justice of Entry of Judgment
CA. • Pre-execution conference
• The decision will now go down to the level of the LA for
3. Before it is assigned to a Justice member, there will purposes of execution
be another consultation
- To prevent one-man decision Q: What will the prevailing party do?
A: File a motion for the issuance of a writ of
Q: What if the petition is lacking in form because execution, but the LA will not just issue a writ, the
he only attached photocopied documents? motion shall be subject to a hearing.
A: They will ask you to submit certified copies;
The CA may require the other party to submit a Q: The losing party can still appeal. What if the
comment, answer, or reply. respondent ER did not appeal?
A: Upon expiration of the period to appeal, you can
Q: Upon submission of the petition, what is the file a motion for the issuance of the execution. This
other party was not notified to submit a will be subject to a hearing. There will be a pre-
comment? Can you submit a comment without execution conference.
being notified?
A: Yes. Submit with leave of court. • When the decision is already ripe, for enforcement, then
you can file a motion for the issuance of a writ of
4. Usually, for the settlement of backwages and reward, execution.
there is mediation, but if there is non, then it will be
decided on the merits based on the documents Q: For the losing party, can they still protect their
submitted. interest?
A: Yes. File a motion to quash the writ of execution.
When all the documents have been submitted,
the CA will notify the parties that it be Q: What are the grounds for a motion to quash?
submitted for resolution. A:
1. That the decision of the LA is incomplete
2. The amount of the awards is not provided in
• If they lose – file an MR the dispositive portion
• If denied – file it within 15 days 3. That the decision by which execution is
based is a product of graft and corruption
Q: Can you file a motion for extension of time to 4. That the writ of execution is irregularly
file? issued
A: Yes.
Updates by CRUZ.DE DIOS.RUIZ ’17-’18 Notes and comments by Dean Salvador A. Poquiz LABOR RELATIONS REVIEWER
5. That the writ of execution was issued against A: Yes
the client who is not a party to the case
Q: If the training period in the apprenticeship and
TYPES OF EMPLOYMENT learnership expires, should it be considered as
probationary period?
(1) REGULAR A: Yes
- Has been engaged to perform activities which are
usually necessary or desirable in the usual Q: What if a week before the apprenticeship is done,
business or trade of the employer the employer told the apprentice that he will consider
- Has rendered at least one year of service, whether him a regular employee, but before you become a
such service is continuous or broke, with respect to regular employee, you have to undergo probationary
the activity in which he is employed. period, is this valid?
A: No, that would amount to double probation that is
2 Types of Regular Employment: not allowed by the law.
a. As to the nature of work
- That the EE performs the job that is (5) SEASONAL
usually necessary and desirable in the - If the employee was employed from season to
usual business of the employer season performing the same task, he is a regular
seasonal employee.
b. As to the years of service
- At least one year of service, whether (6) PROJECT
continuous or with intervals - Akin to contractual employment
- After project, automatic termination of ER-EE
• Mechanic – Regular because UND relationship.
• Carpenter – Not regular; Only performs incidental - Constant rehiring of a project employee, he becomes
work to the principal action; Casual employee a regular employee
o UNLESS he renders work for 10 years i.e. - Upon termination of every project, the employer
auto repair shop should submit a report on termination of projects to
the nearest DOLE office.
Other types of Regular Employment: o Legal Consequence: Project becomes
(i) 555 Doctrine regular
- Constant renewal of contract - Not entitled to normal consequences of illegal
- Successive and constant rehiring dismissal because employed for a fixed term.
- Falls under regular employment
(ii) Probationary EEs (7) NON-PROJECT
- upon expiration of the probationary period,
he becomes a regular employee 3 types of Non-Project
(iii) Project EEs a. Casual – Perform incidental work
- if hired constantly, they ceased to be project b. Probationary – After 6mos becomes
employees but they become regular regular
employees c. Regular
• In the case of Millares v NLRC and Zamora case, Q: If the project/non-project are employees belonging
despite constant rehiring, the employee will never to the work pool, they can be taken out any time and
become a regular employee i.e. seafarer. be assigned from one project to another. If you were
assigned in Phase 1 Project A then at Phase 3 of Pr-
(2) CASUAL ject B, is this valid?
(3) CONTRACTUAL A: Yes. You are an employee belonging to the work
(4) PROBATIONARY pool, then you are treated as a regular employee
- Period to learn the job
- Period of evaluation • In apprenticeship, if the contract was prematurely
- Prelude to regular employment terminated, the apprentice does not automatically
- Training ground become a regular employee
• In learnership, the learner becomes a regular employee
GR: 6 months for probationary period if contract was prematurely terminated provided that he
XPN: The ER-EE can agree on probation below or has already been trained for two months.
beyond 6 months, depending on the technicality of the
work RETIREMENT
• The Labor Code is not a source of retirement benefits
• PLDT case – nature of the job required before but the IRR provided for it until the law on
extensive training, probation was agreed to be retirement (RA 7641) has been enacted. Now, it is a
beyond 6mos. source of retirement benefits.
• In case of teachers – full time satisfactory
service for 3 years Q: What is retirement?
A: Bilateral act between employer and employee
Q: What about apprenticeship and learnership, is this where the latter upon reaching a certain age, has to
a training period?
Updates by CRUZ.DE DIOS.RUIZ ’17-’18 Notes and comments by Dean Salvador A. Poquiz LABOR RELATIONS REVIEWER
separate himself from employment in order for him to
enjoy yhe remaining years of his life. GR: If more than P5K, LA has jurisdiction
XPNs:
Q: Age of retirement
A: 1. Provided in the original Article of 263-G, on
Compulsory – 65 y/o assumption of jurisdictions
Optional – 60 y/o - That the assumption power is by nature PFCD.
Underground Miners – 50y/o You cannot fault the Secretary of Labor in
assuming jurisdiction in labor dispute.
Q: Component parts of retirement - If one of the instances under assumption is
A: 22.5 x # of yrs of service money claim, even if it’s P5k below or above,
- 15 days a month for every year of service since one of there is under assumption, the
- 5 days service incentice leave President or Secretary has jurisdiction
- 1 ½ for 13th month pay
2. Under Art. 126 of the LC
Q: Can additional benefits be included in the - Visitorial, inspection, and enforcement power of
retirement pay? the Secretary of Labor, but this is exercise
A: through the Regional Office of the DOLE
GR: No - It it’s a money claim, regardless of the amount of
XPN: Unless they are voluntary benefits agreed the claim, Regional Office has jurisdiction
by the parties
Q: How may the RO take cognizance of a money
Q: May the employer and union agree on an early claim regardless of the amount?
retirement plan? A: Can be motu proprio, by way of a labor
A: Yes standards complaint filed by any employee. On
the basis of the labor standards complaint, the
Q: Employer and union agree that an employer for a RO through the RD issues an inspection audit.
just cause is not entitled to retirement benefits, is it Audited for the purposes of determining WON the
valid? employer complies with labor standards rules and
A: SC said it is valid; not against public policy regulations.
Updates by CRUZ.DE DIOS.RUIZ ’17-’18 Notes and comments by Dean Salvador A. Poquiz LABOR RELATIONS REVIEWER
- Staged against a non-employer
TYPES OF STRIKE:
1. AUTHORIZED STRIKE 12. UNION RECOGNITION STRIKE
- A strike that is approved by the majority of the total - To compel the employer to recognize one’s union as
union members the employee’s bargaining agent.
- Upon the union’s consent
Q: Four modes in determining the bargaining agent/
Q: How would you determine approval or consent of contracting union/bargaining agency?
workers in union? A:
A: This is done through strike voting 1. Sole Exclusive Bargaining Agency (SEBA)
Certification
Q: What is the purpose of this AS that it should be 2. Consent Election
approved by the union members? 3. Certification Election
A: The SC said, the purpose it to prevent a wildcat 4. Run-off Election
strike, prevent corruption. 5. Re-run Election
3. PARTICULAR STRIKE • In Pascual Liners case, he union staged a strike for the
- In one particular business establishment where a purpose of compelling the employer to recognize them
strike is staged as the bargaining agent. That is illegal because strike is
- Confined not one of the modes in determining representation
status.
4. GENERAL STRIKE
- Political, sympathetic type of strike that is staged 13. LIGHTNING STRIKE
against non-employers because it’s a strike against - Of short duration
the government - Brief and Concise
- Covers a wider area of staging a strike. - Without compliance with the requirements of a lawful
- Strikes by jeepney federations; transportation strikes strike.
Updates by CRUZ.DE DIOS.RUIZ ’17-’18 Notes and comments by Dean Salvador A. Poquiz LABOR RELATIONS REVIEWER
- To reduce the tension, heightened A:
emotion GR: No, because of the no work no pay principle
XPN:
• Pulling-off period 1. On paying the backwages
1. Principle of Improved offer 2. If the strikers were discriminatorily
2. Principle of Reduce offer dismissed or if they did not strike but
were actually illegally locked-out by the
5. Compliance with the 24-hour prior notice rule employers
o Notify the employed and NCMB of the 3. The strikers unconditionally offered to
place, date, and time return to work but it was rejected by the
o In order for NCMB to send a representative employer
during strike voting - From the time of rejection, the
o If no representative, not fatal. Important is strikers are entitled to backwages
that they were notified.
• The offer to return to work of the striking workers should
6. Strike Voting be unconditional.
7. Submission of the strike voting
o 7 days waiting period Q: Can Right to Strike be waived?
A:
Sabay tayo Doctrine GR: No
- Same day for notice of strike and strike voting XPNs:
1. No strike no lockout clause in the CBA
• No prohibition provided you complied with the 24-hour 2. In case of assumption order issued by the
prior notice rule and other requirements President
• During the cooling off period, an officer of the union was 3. In case of Preventive Mediation Order
dismissed which constitutes union busting.
LOCKOUT
Q: If there is a union busting, can a union • A weapon of the employer; same requirements in
immediately stage a strike? staging a strike; refusal to furnish work to
A: The SC said, if you have already complied with employees
other requirements, you can immediately stage a
strike. You can dispense with the cooling off period HOW TO HAVE AN EFFECTIVE STRIKE
but you can never dispense with the 7-day waiting • There must be an effective picketing to have a strike
period.
Q: Can there be picketing without a strike?
• In the case of strikes in union hospital or clinics, the A: Yes. Picketing is a guaranteed freedom under the
parties are required to establish an effective skeletal constitution. In the words of US SC, stranger picketing
workforce. If there are patients in the emergency and is constitutionally guaranteed. It was resounded by
ICU area, and there are no medical helpers to assist, the PH SC as part of freedom of expression.
then it would be a problem. This is the philosophy
behind why there should be an effective workforce Q: During picketing period, illegal acts committed
schedule. affected third persons. ULP?
A: Yes, notwithstanding no ER-EE relationship.
8. Compliance with the doctrine of means and Doctrine of Innocent Bystander.
purposes
- The purpose must be legal and the means Strike of Government Employees
used in attaining it should also be legal. • Not applicable
- Must comply with all the requirements • They are granted the right to collective negotiations
• Beyond CAN
Doctrine of Means and Purposes o Matter fixed by Law
• If illegal means were committed during the strike, o Those that pertain to appropriation/Budget
according to the SC, the union cannot use slanderous, (constitutional prohibition)
libelous, scandalous, scurrilous, utterances. o High level employees
• If there is massive violence, also illegal.
• In case of the declaration of illegality of strike, those who - Private Sector – Collective Bargaining Agreement
are liable for dismissal are the officers of the union under - Public Sector – Collective Negotiation Agreement
the doctrine of vicarious liability.
It is settle that Government Employees cannot stage a
Q: Officers of the union participated during strike. strike because:
Liable? 1. It will be a form of insurrection against public authority
A: in the light of the principle of state sovereignty. This
GR: Not liable for ordinary strike principle disqualifies government employees to stage
XPN: If actively participated, they can be a strike
dismissed BUT must be categorically identified, if 2. Government employees are civil servants. They serve
not, violation of due process. the people that is why if they strike, such strike is a
civil service offense. (PD 807)
Q: Will they be entitled to economic benefits?
Updates by CRUZ.DE DIOS.RUIZ ’17-’18 Notes and comments by Dean Salvador A. Poquiz LABOR RELATIONS REVIEWER
3. It will affect the delivery of vital and basic services to XPN: Section 10, RA 8042 (Compensation
the people claims of overseas workers)
XPN: GOCCs without original charters known as BUREAU OF LABOR RELATIONS (BLR)
corporate offsprings or subsidiaries wherein they can • The powers, functions, and jurisdiction of the BLR are
CBA and strike. intertwined with the powers and functions of the
Regional Office of the DOLE
Some Government Employees who cannot strike: • Except conciliation matters
- High level employees • In case of registration of unions and federations, BLR. In
- Members of the AFP, PNP, BJMP, and Firemen case of registration of independent unions, RO of DOLE
Q: Does the LA have jurisdiction over matters involving GR: Applies to all
certain churchmen? Austria v NLRC XPN: (Those disqualified by law)
A: On secular matters – YES 1. Managerial employees
On purely religious matters - NO 2. Members of the cooperatives
3. Confidential Employees entrusted w/ confidential
Q: Issuance of writ of execution information
A: LA - Kulangot Doctrine/ Confidential Employee
Principle: On matters of labor relations ONLY –
Q: Over third-party claims because a writ of execution they cannot form union
is issued against a party? 4. High level employees in Govt Sector
A: LA 5. Members of the AFP, PNP, BJMP, BFP
Q: Money claims filed by the employees who are Q: Can aliens or non-resident aliens form a labor
members of a cooperative? union?
A: Arbitration Committee has jurisdiction A:
GR: NO.
• Members of cooperative cannot file money claims XPN: Principle of reciprocity – if their
against cooperative since they are part-owners of the country extends the same rights of Filipino
cooperative workers
Q: Over Foreigner Government? Q: Under the Constitution and Labor Code, what is
A: LA has no jurisdiction the labor organization that is contemplated?
A: Legitimate labor organization – one that is
Q: Over PH government? registered either with the BLR or RO of the DOLE.
A: LA has no jurisdiction
REQUIREMENTS FOR REGISTRATION
Q: Under the Principle of State Sovereignty? –— to be legitimate labor organization
A: COA 1. Payment for registration fee
2. Submission of the constitutional bylaws
• Any money claims filed against the government should 3. Names of officers and members
be with the COA 4. In case of first time registration:
- Minutes of the org meeting by Sec/ Treasurer of the
Q: Does LA have jurisdiction over international union requested by President
agencies? • If the union is already existing for some time:
A: None; imbued with functional immunities - Financial statement of the union
Q: Does LA have jurisdiction over intra-corporate • Upon submission, it is now ministerial on the part of the
cases? RO of the DOLE to issue a certificate of registration
A: None; RTC (no longer the SEC under Securities compellable by Mandamus.
Act of 2000)
LEGAL EFFECTS OF REGISTRATION:
• Corporate officers are created by board – LA has no (Rights of a legitimate labor organization)
jurisdiction 1. Right to representation
• If not corporate officer and he was dismissed – LA has - This applies ONLY to union members
no jurisdiction 2. Right to be certified as the bargaining agent in the
company
Q: Does LA have jurisdiction over training - Applies to ALL employees
agreements? 3. Right to sue and be sued in its registered name
A: None; DOLE 4. Right to own property
5. Right to tax exemption
GR: LA has no jurisdiction over 6. Right to engage in activities that redounds to the
- Death Claim welfare of the members of the union
- Philhealth 7. Right to be copy furnished w/ the audited financial
- Insurance Claim statement of ER – upon request of union
Updates by CRUZ.DE DIOS.RUIZ ’17-’18 Notes and comments by Dean Salvador A. Poquiz LABOR RELATIONS REVIEWER
- Employer will ONLY be liable for ULP (Surface - Most efficacious, most expeditious manner
Bargaining) if there is request coming from the in determining the will of the employees
union.
- Audited FS should be prepared by an • Double Majority Rule
independent, credible, external auditor. Not - First Majority Rule
company auditor otherwise it would be self– • At least a majority of all eligible
serving. voters in the bargaining unit must
have cast their votes
THE RIGHT TO BE CERTIFIED AS COLLECTIVE - Second Majority Rule
BARGAINING AGENT • The union receiving the majority of
the valid votes shall be certified as
Q: What is Agency Shop/ Treasury Shop/ Anti- the exclusive bargaining agent
Hitchhiker Clause / Anti- Free Rider Clause? (provided for all contending unions,
A: Requires non-members to pay fees equivalent to 50% of the votes have been validly
the amount of union dues. cast)
Updates by CRUZ.DE DIOS.RUIZ ’17-’18 Notes and comments by Dean Salvador A. Poquiz LABOR RELATIONS REVIEWER
A: Still valid, but there is no prohibition upon the new CB
NO UNION agent to shorten the life of the CBA.
• Situation wherein there are 3 or more choices but a Legal basis:
“no union” won: • New CB agent can move for shortening on
- A no union may win on account of freedom of the ground that nature of CBA is a contract
religion. There are religious groups allowed by law in personam.
not to form unions (Iglesia ni Cristo) • Substitutionary doctrine: allows the
- A non-union cannot exist in a run-off election. substitution of the old CB Agent with the
new CB agent – but it will not affect the
Q: Why does the constitution allow certain religious validity of CBA contracted by old CB agent.
groups NOT to join labor unions?
A: Bec. Freedom of religion is freedom of conscience 60 DAY FREEDOM PERIOD
• CE shall be conducted in the 60-day freedom period
Q: If a no union won, does the law allow that in a • Can also file a petition for intervention during this
bargaining unit, there will be no union for some time? period.
A: No union situation rule will be allowed only for 1 • Federations can also file petition for disaffiliation from
YEAR. There will be a certification to that effect that in the federation of a member union.
the meantime for 1 year, there will be no union. Those
religious groups may still vote in CE by voting “no 2. ONE-YEAR CERTIFICATION BAR RULE
union”. - No CE conducted within 1 year following the final
election results
WHO CAN VOTE IN A CERTIFICATION ELECTION - CE may not be held within 1 year from the date of
• ALL rank and file employees issuance of final certification result (there was an
• Probationary employee actual conduct of elections)
• Dismissed employee - Applies to all modes of determining CB agencies
- Provided he contested his dismissal.
- If he contested, that means the EE-ER relationship is 3. DEADLOCK BAR RULE
just suspended. - CE cannot be conducted during the existence of a
bargaining deadlock
Q: Do you determine the eligibility of voters in the CE? - During the bargaining process, bargaining may break
A: NO. The CE is not proper forum. The proper forum down, economic concessions cannot be given out by
is the “Inclusion-Exclusion” proceedings or the pre- the employer – it will create a deadlocl
election conference. - When you file a notice to strike due to bargaining
deadlock – it prohibits filing of CE
INSTANCES WHERE CE IS BARRED/ CANNOT BE
CONDUCTED – despite compliance with 25% consent 4. OUTSIDE THE FREEDOM PERIOD RULE
requirement - A petition for CE or Motion for Intervention filed
before/after the freedom period – shall be dismissed
1. CONTRACT BAR RULE outright.
- CE may not be conducted during existence of the
CBA 5. NEGOTIATION BAR RULE
XPN: within 60-day freedom period immediately - No representation issue may be entertained, if
preceding the 5th year of such CBA (prior to the before the filing of a petition for CE, the certified
expiration of such CBA) bargaining union has commenced negotiations with
the employer w/in 1year from date of mode of
• As to representation: 5 YEARS determining CB agencies.
• As to negotiation: 3 YEARS
6. APPEAL BAR RULE
Q: What if there were negotiations, at the end of the 3rd - Any representation issue, the one that has
year the terms and conditions were approved by the jurisdiction is the Mediation-Arbiter.
parties, ratified by the employees. - The ruling of the Med-Arbiter is directly appealable to
the DOLE Secretary.
What is the duration of the validity of such terms and - Pending resolution to the appeal, cannot file CE.
conditions re-negotiated not later than the end of the 3rd
year of 5-year representation aspect of the CBA? 7. CHARGE OF COMPANY UNIONISM RULE
A: Period of validity – 2 years - This is ULP. The employer captivated the hearts and
emotions of the union.
Q: What if the 5-year representation aspect of the CBA - Cannot conduct CE bec. It is a prejudicial question.
(old CBA) expired, no new CBA has been agreed upon, - The charge of ULP shall be resolved first before you
is there hiatus bet. the relationship of employees to the can file CE
union?
A: NONE. Automatic Renewal Clause Q: In the case of company unionism, can the union file
- Law provides that the old CBA will subsist under the for CE?
principle of CBA continuity. A: No, because SC stated that it is a prejudicial
question which should be resolved ahead of CE.
Q: What if CBA exists, and during the lifetime of the However, there is a department order that said it is not
CBA, there was a change in the CB Agent. Effect? a PQ. SC prevails.
Updates by CRUZ.DE DIOS.RUIZ ’17-’18 Notes and comments by Dean Salvador A. Poquiz LABOR RELATIONS REVIEWER
Q: What if Union B filed for a CE. Union A contends
8. NOT LISTED IN THE REGISTRY RULE that they filed outside the 60-day period. Is Union A’s
- When the petitioner is not listed in DOLE’s registry of contention valid?
legitimate labor union or that is legal personality has A: No. Because Union B can file a petition for CE
been revoked or cancelled with finality. outside the 60-day period as XP bec of mass
GR: Only legitimate unions can file CE. Non- withdrawal, split from the majority union.
registered unions CANNOT file CE
XPN: RA 9481 COLLECTIVE BARGAINING AGREEMENT
o A chartered local that is used a charter (Usual contents of CBA enumeration, check p. 20 of Dizon
certificate by a federation or national union, Notes)
such local chapter is granted with an
imperfect, partial, incomplete, legal (1) UNION SECURITY CLAUSES
personality WHY?
o Although not registered, it can file but only - For union to have a mass based support, because thru
for purposes of CE this, the union will be a strong union who can maintain
its vitality in the bargaining process with the
Federations are composed of 2 types: management.
1) Affiliates
2) Local chapters issued by chartered “Closed shop agreement”
certificates Q: What is the important provision that should be
injected in the closed-shop agreement?
Q: May a local chapter become a full legal A: A union member should maintain his
person? membership in good standing to retain his
A: Yes. By submission only of the employment.
requirements of the law o If nowhere to be found: It is a mere
• Charter certificate hiring agreement NOT closed shop
• Consti bylaws agreement.
• Names of officers & addresses
• Local chapter’s location and address • SC: The title or nomenclature is not important, what is
important is the BODY which provides the proviso that
INSTANCES WHERE CERTIFICATION ELECTION IS the union member must maintain his membership in
ALLOWED
good standing in order to retain his employment. If not
(Exceptions to the Contract Bar Rule) there – construed against its existence
1. CBA is not registered - A closed shop agreement must be accompanied
- CBA is the law of the plant
by maintenance of membership shop
• It shall be approved by the parties, ratified by - In union shop, once employed, you must maintain
the employees, and registered to the RO of the membership with the contracting union and must
DOLE maintain good standing also.
- Purpose of registration: To bar CE
- IF not registered: Any legitimate labor union can
Q: Assuming closed-shop agreement is valid, can
file for CE. the union request the ER to dismiss an expelled
union member?
2. CBA is incomplete/ inadequate A: Yes. Upon request of the union.
- Because of the collusion of the ER and the union,
the contract became a sweetheart contract that Q: If you are a lawyer of the ER, what will you advise
does not provide substantial economic benefits to if there was a request from the union to expel the
the workers. said EE pursuant to the closed-shop agreement?
- The terms and conditions are substandard,
A: I will advise ER to observe due process. If ER did
incomplete and inadequate. not comply with due process even if there was a
- Will not bar CE
closed-shop agreement, it may amount to illegal
dismissal.
3. CBA has been hastily entered into or prematurely - If ER observed due process – the only relief that
extended may be imposed to the ER is REINSTATEMENT.
- Done outside the 60-day freedom period. o For other benefits: the union will be
- CBA has been prematurely extended.
- Doctrine of premature extension – not bar CE liable.
Updates by CRUZ.DE DIOS.RUIZ ’17-’18 Notes and comments by Dean Salvador A. Poquiz LABOR RELATIONS REVIEWER
(4) INCREASE IN WAGES illegal dismissal directly resolved by the
- Economic in nature. voluntary arbitrator.
- Escalator clause HELD: It is unnecessary to rule on the matter in
o In the event of sudden increase in the light of the preference to bring the illegal
consumer price index or cost-of-living dismissal dispute to voluntary arbitration w/o
index brought about by soaring prices of passing thru the grievance machinery.
prime commodities
o There is an agreement bet. parties that DECISION OF THE VOLUNTARY ARBITRATOR
there should be a corresponding gradual • The decision of the voluntary arbitrator (VA)–
increase of wages. appealable to the CA RULE 43 (ordinary appeal)
o If price decreases – wages not pursuant to Luzon Development Bank case:
decreased. HELD: The VA no less performs a state function
pursuant to a governmental power delegated to him
(5) NO STRIKE, NO LOCKOUT CLAUSE under provisions therefor in the Labor Code – he falls
- Waiver on the right to strike w/in term “instrumentality” pursuant to Sec. 9 BP 129
GR: The right to strike cannot be waived - The fact that this functions and powers are
XPN: Instances when right to strike CAN BE provided for in the LC does not place him w/in the
WAIVED: XPNs to said Sec. 9 since he is a quasi-judicial
1. No strike, no lockout clause in the instrumentality as contemplated therein.
CBA
2. Issuance of an assumption order • The decision of the VA has the legal effect of a decision
3. Issuance of a preventive mediation of the court that is why it is appealable to the CA.
order
- Any notice of strike is filed at the NCMB GRIEVANCE:
- NCMB should issue a preventive mediation order and • In the absence of a CBA, a grievance may still be
the purpose of this is to convert the notice of strike in to resolved. GM is not confined only when there is CBA.
a preventive mediation case. • A grievance is usually initiated by the EE, but there is no
legal prohibition upon the ER to initiate a complaint on
G R I E VA N C E M A C H I N E R Y A N D V O L U N TA R Y matters that involve any ambiguity in the enforcement or
ARBITRATION interpretation of company policies and collective
- Also known as Conclusive Arbitration Clause bargaining.
- The judicial aspect of the CBA
Attendance in grievance machinery:
Cases cognizable by the grievance machinery • Parties are required to attend the GM procedures.
- Those arising from the interpretation or implementation • Fails to attend: This party can be liable for ULP bec.
of the CBA and those from the interpretation or attendance in the GM is a requirement in the CBA
enforcement of company personnel policies. • There will be a violation of the CBA and this can be
treated as an ULP – refusal to bargain
PROCESS: • Do not want to attend because they want it to be
1. Initially grievance could be resolved w/ the directed to VA - ALLOWED
intervention of the union officer aka SHOP STEWARD
who narrows down the issues for resolution to the OTHER MATTERS COGNIZABLE BY VA
highest mgt officer 1. Cases cognizable by the LA, transmitted for VA, by
2. Still not resolved: It shall be brought to the resolution agreement of the parties
of the grievance machinery - Submission agreement should be submitted to
3. Still not resolved: It shall be submitted for voluntary the VA so that VA can recognize the case
arbitration. - 2 remedies if any one of the parties does not want
to submit:
Q: What is the nature of the transmittal from the a) Notice to arbitrate – to compel other party to
grievance machinery to voluntary arbitration? submit for arbitration
A: The Labor Code answers this in the nature of b) Submission agreement by virtue of the
an APPEAL parties
Updates by CRUZ.DE DIOS.RUIZ ’17-’18 Notes and comments by Dean Salvador A. Poquiz LABOR RELATIONS REVIEWER
Administrative Intervention in an on-going dispute ex. Poultry raising and Cinema – no same interest so
• There is an order of the DOLE where you can request 1 interest = 1 bargaining unit
for administrative intervention to resolve an on-going
labor dispute on matters of interpretation of company 3. Prior collective bargaining history test
policies and collective bargaining - Consider the bargaining history between the
• PROVIDED: this on-going dispute is not subject of a bargaining unit and the ER
notice of strike or subject to any labor body. It should be
filed by way of request to the Sec. of DOLE. 4. Similarity of employment status test
• This is also a form of arbitration - Determine on account of status of employment
Updates by CRUZ.DE DIOS.RUIZ ’17-’18 Notes and comments by Dean Salvador A. Poquiz LABOR RELATIONS REVIEWER