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LABOR RELATIONS

Commission Proper (Jurisdiction)

NATIONAL LABOR RELATIONS COMMISSION


(NLRC)
LABOR ARBITER (Jurisdiction)

Appellate Jurisdiction
1. Decisions of the Labor Arbiters:
Grounds:

1. Unfair Labor Practice (ULP)

i.

2. Termination Disputes remain under the original


and exclusive jurisdiction of the Labor Arbiter.
Termination disputes need not go through the
Grievance Machinery or Voluntary Arbitration
unless so desired by the parties.

prima facie evidence of abuse of


discretion on the part of the Labor
Arbiter

ii.

decision was secured through


fraud/coercion including graft &
corruption

3. Legality of Strikes under Article 264

iii.

4. Money claims arising from employer-employee


relationship domestic help / house helpers:

decision was made purely on


questions of law

iv.

serious errors in the findings of


facts are raised which would
cause grave or irreparable
damage/injury to the appellant

i.

Small claims less than P


5,000, accompanied by a
claim for reinstatement;

ii.

Claims over P 5,000.00,


whether or not accompanied
with a claim for
reinstatement; and

iii.

Claims for damages.

D was an employee of VM Inc. D and VM


entered into an agreement, in connection
with the formers resignation, that D
would pay for the transfer of ownership
of the car assigned to him. For failure of
D to comply with his part of the
agreement, VM filed a suit for damages.
Which body has jurisdiction over the
claims?
Where the transfer of the ownership of the
company car to the employee is connected with
his resignation and arose out of the parties
employer-employee relationship, the employers
claim for damages falls within the jurisdiction of
the Labor Arbiter. (Domondon vs. NLRC Sept.
30, 2005)

2. Decisions of the Regional Director in


small claims under Article 129 of the Labor Code
1.2.2. Injunction in Strikes (Article 218[e]): Issue
TRO or Injunction to restrain the commission of
prohibited acts under Article 264 of th4e Labor
Code during strikes, lock-outs and other concerted
activities
3. Certified Cases: Resolve all matters
involved in the controversy or dispute certified to
the NLRC by the DOLE Secretary pursuant to
Article 263[g] of the Labor Code.
4. Promulgate Internal Rules and
Regulations and such other rules and regulations
as may be necessary to carry out the purposes of
the Labor Code.
What is the remedy of an aggrieved party
after the denial of his motion to dismiss?
Under the NLRC Rules, no appeal
may be taken from an order denying a motion to
dismiss. The remedy of the aggrieved party in case
of denial of the motion to dismiss is to file an
answer and interpose, as a defense or defenses,
the ground or grounds relied upon in the motion to
dismiss, proceed to trial and, in case of adverse
judgment, to elevate the entire case by appeal in
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due course. (Metro Drug Distribution, Inc. vs. Metro


Drug Corp. Employees Association-Federation of
Free Workers Sept. 26, 2005)
Regional Office/Director of DOLE
1. Visitorial / Enforcement Power (Article t28)
a. Conduct Routine/Complaint Inspection
b. Issue Compliance Orders for Labor
Standards Violation
c. Enforce Occupational Health and Safety
Standards
2. Small Claims (Article 129): Power to resolve by
summary proceedings small claims not exceeding
P 5,000.00 arising from employer-employee
relationship/ including domestics/househelpers,
when the worker/employee no longer prays for
reinstatement.
3. Registration/Cancellation Proceedings
4. Med-Arbiter
a. Certification Elections
b. Inter-union/Intra-union Disputes
5. Notice of Strike
6. Preventive Mediation
Bureau of Labor Relations (BLR)
1. Registration/Cancellation Proceedings filed
directly with it. In this case, the BLR's decision is
appealable to the DOLE Secretary.
2. Appellate Jurisdiction over decisions of the
DOLE Regional Office in registration/ cancellation
proceedings. The decision of the BLR in the
exercise of its appellate jurisdiction is no longer
appealable to the DOLE Secretary, but to the Court
of Appeals by Certiorari proceedings.

2. Civil aspect of Illegal Recruitment; the


criminal aspect is prosecuted before the regular
courts.
Arbitration
1. Compulsory arbitration - the consent of either
or both of the parties regarding the submission of
the controversy or disputed matter to arbitration is
enforced by statutory provisions. It may take place
without or against the will of the parties.
2. Voluntary arbitration - it is the settlement of
a controversy or disputed matter by the decision of
an individual or group, called arbitrators, freely
selected or chosen by the parties and to whom
such controversy is by agreement of the latter
submitted for a final and binding decision.
Matters falling under the original and
exclusive jurisdiction of voluntary arbitrators
provided for in a CBA:
1. Unresolved grievances arising from
the interpretation or implementation
of the CBA and those arising from
the interpretation or enforcement of
company personnel policies;
2. All other labor disputes including
unfair labor practices and bargaining
deadlocks submitted to them by
agreement of the parties.
Prescriptive Periods
1. Illegal dismissal: four (4) years
2. Money Claims: three (3) years
3. Unfair Labor Practice: (One (1) year
4. Formal Protest in Certification Elections Five (5)
days from close of election proceedings, only on
grounds raised during the balloting.

Philippine Overseas Employment


Administration (POEA)

5. Election Protest (Union Officers): five (5) days


from dose of election proceedings

1. Suspension/Cancellation of License

Rules in Labor Cases


TECHNICAL RULES OF
EVIDENCE/PROCEDURE are generally not
binding in labor law determinations. The
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underlying principle is the ascertainment of


truth behind the controversy. Summary
proceedings are desired. For good cause
shown, evidence may be presented at any
stage of the proceeding, even on
appeal/MR in the interest of justice.
SUBMISSION OF POSITION PAPERS is
generally sufficient for. the requirement of
due process. Full-blown/adversarial
proceedings are not essential for the
resolution of the controversy before labor
tribunals.
EXHAUSTION OF ADMINISTRATIVE
REMEDIES: Appeal/Review of decisions of
the DOLE Secretary, NLRC, BLR, VA is
generally to the Court of Appeals by
Certiorari proceedings under Rule 65. It is a
condition precedent that the appropriate
MOTION FOR RECONSIDERATION is first
filed before judicial resort. The decision of
the Court of Appeals may be raised to the
Supreme. Court on Appeal by Certiorari
under Rule 45.
APPEAL BOND: Normally, an Appeal Bond
equivalent to the amount of the monetary
judgment is required for appeals to the next
level of administrative determination/
adjudication. In the NLRC, it is required that
there shall be a certification from the surety,
the appellant and counsel that the Appeal
Bond is genuine and shall remain valid and
subsisting until the final
determination/resolution of the case.
On what grounds may the Court of
Appeals take cognizance of a petition
after the NLRC decision has become
final?
The SC ruled in St. Martin Funeral Homes
vs. NLRC that, although the 10-day period for
finality of the NLRC decision may have elapsed as
contemplated in the last paragraph of Sec. 223 of
the Labor Code, the Court of Appeals may still take
cognizance of and resolve a petition for certiorari of
the nullification of the decision of the NLRC on

jurisdictional and due process considerations.


(Molina vs. Pacific Plans, Inc.
Mar. 10, 2006)
CIC filed an appeal from a decision of
the Labor Arbiter. The NLRC dismissed
the appeal on the ground that CIC failed
to post the appeal bond equivalent to the
monetary award; hence, the appeal is
not deemed perfected. Is the NLRC
correct?
Nothing in the Labor Code or the
NLRC Rules of Procedure authorizes the posting of
a bond that is less than the monetary award in the
judgment, or would deem such insufficient postage
as sufficient to perfect the appeal. (Computer
Innovations Center vs. NLRC June 29, 2005)
Under what condition may the court give a
liberal interpretation of the bond
requirement as a jurisdictional requisite to
perfect an appeal?
While the appeal of a decision
involving a monetary award in labor cases may be
perfected only upon the posting of a cash or surety
bond and the posting of the bond is an
indispensable requirement to perfect such an
appeal, a relaxation of the appeal bond requirement
could be justified by substantial compliance with the
rule. (Postigo vs. Phil. Tuberculosis Society, Inc.
Jan. 24, 2006)
Labor Organizations
Labor Organizations
(Article 234 to 240)
Right to Self-Organization
It is the right of the employees to form, join,
or assist in the formation of a labor organization of
their own choosing for purposes of collective
bargaining through representatives of their own
choosing and to engage in lawful concerted
activities for purposes of collective bargaining or for
their mutual aid and protection. It also includes the
freedom not to join a labor union.
Definition/purpose:

A union or association of employees which


exists in whole or in part for the purpose of
COLLECTIVE BARGAINING and DEALING WITH
EMPLOYERS concerning terms and conditions of
employment. A LEGITIMATE LABOR
ORGANIZATION is one that is duly registered with
the DOLE

Rights of Legitimate Labor


Organizations (Article 242)
1. Right to represent members
for Collective Bargaining;
2. Right to be certified as
Collective Bargaining Agent;
3. Right to be furnished Audited
Financial Statements;
4. Right to own property;
5. Right to sue and be sued;
and
6. Right to organize and
operate cooperatives,
housing, welfare, and other
projects, etc.

Union Affiliation
A LOCAL UNION is any labor organization
operating at the company or establishment level; a
NATIONAL UNION OR FEDERATION is any labor
organization with at least TEN (10) AFFILIATES
(local unions or local chapters) each of which must
be a duly recognized collective bargaining agent.
Workers may form independent local unions
or join national unions or federations either as
affiliates or chapters. Affiliation is intended to
strengthen the collective bargaining leverage of
local unions. The relationship between affiliate and
federation/national union is one of PRINCIPALAGENT.
Once affiliation is effected, the affiliate
becomes subject to the rules and laws of the parent
organization or mother union under whose charter
or authority the local union exists and functions.
The local union, however, remains the basic unit of
association, free to serve its own and the common

interest of all, subject to the restraints and


limitations imposed by the constitution and by-laws
of the parent organization, and free to renounce the
affiliation for mutual welfare.
The affiliate is the constitutionally
guaranteed right to DISAFFILIATE from the
national union/federation, generally during the
SIXTY-(60)-DAY FREEDOM PERIOD. However,
under certain circumstances, the disaffiliation may
be effected at any time provided the majority of the
members of the bargaining unit approve the same.
Is the Bureau of Labor Relations or the
DOLE Regional Office empowered to
deny legal recognition to a local/chapter
owing to questions pertaining to the
personality of the federation or national
union to which it belongs?
While a local/chapter acquires legal personality
from the date of the filing of the complete
documentary requirements, and not from the
issuance of a certification to such effect by the
Regional Office or Bureau, a labor organization is
deemed to have acquired legal personality only on
the date of issuance of its certificate of registration,
which takes place only after the Bureau of Labor
Relations or its Regional Offices have undertaken
an evaluation process.
When a local/chapter applies for
registration, matters raised against the personality
of the federation or national union itself should not
be acted upon by the Bureau or Regional Office,
owing to the preclusion of collateral attack. Instead,
the proper matter for evaluation by the Bureau or
Regional Office should be limited to whether the
local/chapter is indeed a duly created affiliate of the
national union or federation. (San Miguel Corp.
(Mandaue Packaging Products Plants) vs.
Mandaue Packaging Products Plants San Miguel
Packaging Products San Miguel Corp. Monthlies
Rank-and-File Union FFW Aug. 16, 2005)
Cancellation of Registration (Article 239)
1. Misrepresentation as to the
Constitution and By-laws;

2. Failure to submit proof of ratification


of Constitution;
3. Misrepresentation and fraud in
election of officers;

d. Information on rights/duties of
members under the Union
Constitution and By-laws, CBA,
labor laws and jurisprudence.

4. Acting as labor-only contractor;


5. Entering into CBA violating Labor
Standards;
6. Asking or accepting Attorneys Fees;
7. Violation of Check-Off provisions;
8. Failure to submit list of members;
and
9. Failure to comply with reporting and
other requirements.
Rights and Conditions of Membership
(Article 241)
1. FINANCIAL RIGHTS
a. No arbitrary or excessive fees, fines,
etc.;
b. No unauthorized special
assessments;
c. No check-off except for dues and
mandatory activities;
d. Right to be Issued receipts for
payments;
e. No unauthorized collection or
disbursement of funds; and
f.

Officers are only entitled to


salaries/expenses duly authorized
under the Constitution or majority of
members.

2. RIGHT TO INFORMATION
a. Recording of income and
expenditures
b. Accounting of all organizational
funds
c. Inspection of Books of
Accounts/Financial Records

3. POLITICAL RIGHTS
a. Direct election of officers every FIVE
(5) years
b. Participate by secret ballot in policymaking
c. Right against admission of
subversives and engaging in
subversive activity
d. Right against election of persons
convicted of crimes involving moral
turpitude to elective administrative
posts.
Grounds for expulsion (Art. 241 (k))
1. A union member may be expelled
from the organization on the
following grounds:
2. For causes specified in the unions
constitution and by-laws provided
the same are not arbitrary,
unreasonable or contrary to law or
public policy and the member is
accorded a fair hearing.
3. Participation in any irregularity in the
approval of a resolution authorizing
payment of compensation to union
officers.
Coverage (Article 243 to 246)
Qualified to Form, Assist, Join Unions
1. RANK-AND-FILE employees of Commercial,
industrial, agricultural enterprises and Religious,
charitable, medical or educational institutions
whether profit or non-profit;
2. SUPERVISORY EMPLOYEES, their union;
3. SECURITY PERSONNEL/ CONFIDENTIAL/
TECHNICAL, their union;
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4. GOVERNMENT EMPLOYEES except AFP and


PNP personnel;

1. Existence of an employer-employee
relationship

5. EMPLOYEES OF GOCCs; and

2. Act complained of must be expressly


mentioned and defined In the Labor Code as a ULP
(Articles 248 and 249)

6. ALIENS WITH EMPLOYMENT PERMITS,


subject to reciprocity.
Disqualified to Form, Assist, Join Unions
1. MANAGERIAL EMPLOYEES are ineligible to
joint, assist or form any labor organization. Under
the DOCTRINE OF NECESSARY IMPLICATION,
members of the managerial staff are under the
same prohibition;
2. SUPERVISORY EMPLOYEES cannot join the
union of rank-and-file employees;
3. CONFIDENTIAL EMPLOYEES who have access
to confidential data and information relating to labor
relations matters are also disqualified to join the
union of rank-and-filers, although they may form
their own union;
4. SUBVERSIVES;
5. MEMBER-EMPLOYEES OF COOPERATIVES;
and
6. EMPLOYEES EXCLUDED FROM BARGAINING
UNIT.
Unfair Labor Practice (ULP)
(Article 247 to 249)
ULP is a violation of the right to selforganization and is inimical to the interest of both
labor and management, i.e., collective bargaining
dealing with each with freedom and mutual respect,
disrupts industrial peace and hinder the promotion
of a healthy and stable labor-management
relations. ULP is not only a violation of civil rights
but is also a criminal offense against the State,
subject to prosecution and punishment. Prescriptive
period for filing ULP with labor tribunals is ONE (1)
YEAR from accrual of cause of action (commission)
for criminal prescriptions, THREE (3) YEARS from
final judgment by labor tribunals that ULP was
committed.
Elements

ULP committed by Employer (Article 248)


1. Interfere, restrain coerce right of
employees to organize;
2. Require person NOT to join union or
WITHDRAW from one;
yellow dog contract a promise
extracted from workers as a
condition of employment that they
are not to belong to, or attempt to
foster, a union during their period of
employment
3. Contract out services rendered by union
members;
4. Initiate, dominate, assist a union;
5. Discrimination to encourage/discourage
union membership;
6. Dismiss employee for giving testimony;
7. Violate duty to bargain collectively;
8. Pay negotiation/attorney's fees as part of
settlement; and
9. Flagrant violation with terms and
conditions of CBA.

ULP committed by Union (Article 249)


1. Restrain and coerce employees to organize;
2. Cause employer to discriminate;
3. Violate duty to bargain collectively;
4. Cause employee to pay for services not
rendered;
featherbedding refers to the
practice of the union or its agents in
causing or attempting to cause an
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employer to pay or deliver or agree


to pay or deliver money or other
things of value, in the nature of an
exaction, for services which are not
performed or not to be performed.

employer is simply a bystander in certification


election proceedings.

Requisites for Petitions

5. Ask for negotiation/attorneys fees as part of


settlement; and

In ORGANIZED
ESTABLISHMENTS: Verified
petition questioning the majority
status of the incumbent bargaining
agent filed by at least TWENTYFIVE (25%) PER CENT of all the
employees in the bargaining
unit/during the FREEDOM PERIOD
(SIXTY [60] DAYS prior to expiration
of term of CBA)). If no petition is filed
during this period, the employer shall
continue to recognize the majority
status of the bargaining union.

6. Flagrant violation of CBA.

Collective Bargaining and Administration of


Agreements
Collective Bargaining
Jurisdictional Requisites
1. Proof of majority status of the Union; and
2. Demand to Bargain Collectively.

In UNORGANIZED
ESTABLISHMENTS: A certification
election shall be conducted upon
filing the petition by the union or the
employer in case there is a demand
for collective bargaining unless there
is voluntary recognition.

Determination of Majority Status


VOLUNTARY RECOGNITION: In
unorganized establishments,
when there is only one legitimate
labor organization in the bargaining
unit.
CERTIFICATION, RUN-OFF,
CONSENT ELECTION: In
organized establishments, when
the majority status of the incumbent
bargaining agent is challenged; or in
unorganized establishments,
when a petition is filed by a union or
the employer.
Certification Election (Articles 256 to
259)
Concept
Non-adversary fact-finding process/
investigation to determine the will of the employees
if they wish to have a collecting bargaining
agent/representative in the appropriate bargaining
unit for the purpose of collective bargaining. All
employees, whether probationary or permanent,
regular or otherwise may be allowed to participate,
subject to the exclusion-inclusion proceedings. The

Role of employer
A certification election is the sole concern of
the workers. The only exception is where the
employer has to file a petition for certification
election because it is requested to bargain
collectively. Thereafter the role of the employer in
the certification process cease. It becomes merely
a by-stander.
What is the basis for the computation of
quorum in a certification election?
The computation of quorum in a certification
election should be based on the membership of the
rankl and file unit in the particular worksite
petitioning and not on all the employees in the other
worksites.( St. James School of Quezon City vs.
Samahang Manggagawa sa St. James School of
Quezon City Nov. 23, 2005)

Election Ban
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CONTRACT BAR RULE: when there is still


a valid and binding CBA, except during the
Freedom Period.
CERTIFICATION YEAR RULE: within ONE
(1) YEAR from the date of the issuance of
the final certification election result.
DEADLOCK BAR RULE: where on-going
CBA negotiations result in a deadlock that
has been' submitted for conciliation or
mediation or has become the subject of a
notice of strike or lockout.
RUN-OFF ELECTION: when there are three
or more choices in the certification election
(including NO UNION) and none gets the
majority vote, a run-off shall be held within
five (5) days between the two (2) unions
receiving the highest votes, provided that
the total number of votes for all the
contending unions is at least FIFTY (50%)
PERCENT of the total votes cast.
CONSENT ELECTION: By agreement
between two or more contending unions
within the bargaining unit to determine who
has the majority status even outside of the
Freedom Period.
Collective Bargaining Proper
Concept: The duty to bargain collectively
involves:
1. The performance of the mutual
obligation TO MEET AND
CONVENE promptly, expeditiously
and in good faith.
2. To NEGOTIATE an agreement with
respect wages, hours of work and all
other terms and conditions of
employment, including proposals for
grievance machinery.
3. However, this duty does not compel
any party to agree to a proposal or
to make concessions.
Mandatory Subjects of Bargaining

Wages, work hours/days,


vacations/holidays, bonuses, retirement, seniority,
layoffs/transfers, workloads, operating/disciplinary
rules and regulations, union security arrangements.
Term of CBA:
FIVE (5) YEARS; however,
economic provisions shall be renegotiated not later
than THREE (3) YEARS after execution; if a new
CBA is concluded within SIX (6) MONTHS from
expiration, the effectivity of the CBA shall retroact to
the day following the expiry date; otherwise, the
effectivity of the new CBA shall be subject to
negotiation and mutual agreement.
Formal Requirements:
within THIRTY (30) DAYS from
execution thereof, the parties shall submit copies of
the CBA directly to the Bureau of Labor Relations
(BLR) or with the DOLE Regional Office with
verified proof of Its POSTING In two conspicuous
and its RATIFICATION by majority of the workers in
the bargaining unit.
Substitutionary Doctrine: employees
cannot revoke the validity of the executed
CBA by the simple expediency of changing
their collective bargaining agent. New
bargaining agent must respect existing CBA
although it may negotiate with the employer
for the shortening of the term thereof.
Wiley Doctrine: loss of personality by a
legal/valid merger or consolidation of a
corporation with an existing CBA with the
union does not automatically terminate all
the rights of the covered employees.
Bargaining Unit
A bargaining unit is a group of
employees of a gjven employer comprised of all or
less than of the entire body of employees,
consistent with equity to the employer, indicated to
be best suited to serve the reciprocal rights and
duties of the parties under the collective
bargaining provisions of the law. There can only be
ONE EXCLUSIVE BARGAINING AGENT in a
bargaining unit even if there are more than one
union therein.
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Organization vs. Kimberly-Clark Phils,. Inc. Mar. 6,


2006)
Employment contract vs. Collective
Bargaining Agreement
Employment Contract

Collective Bargaining
Agreement

Establishes the
employer-employee
relationship

Presupposes the existence


of employer-employee
relationship

Between the employer


and an individual
employee

Between the employer and


a union in representation of
a group of workers

Ends or terminates when


the period fixed therein
expires

Continues to be binding
and effective a long as no
new CBA is entered into

The PRINCIPLES OR FACTORS in


determining the appropriate bargaining
may be:
SUBSTANTIAL MUTUAL INTERESTS:
similarity of employment status, duties
and responsibilities, similar
compensation scheme and working
conditions.
GLOBE DOCTRINE: will or desire of the
employees to be joined together in one
bargaining unit.
COLLECTIVE BARGAINING HISTORY:
prior collective bargaining history or
affinity of the employees.
EMPLOYMENT STATUS: category or
kind of employment.
What is the role of an arbitrator in labor
matters brought before him?
An arbitrator is confined to the interpretation
and application of the CBA. He does not sit to
dispense his own brand of industrial justice : his
award is legitimate only insofar as it draws its
essence from the CBA, i.e., when there is a rational
nexus between the award and the CBA under
consideration. (United Kimberly-Clark Employees
Union Phil. Transport General Workers

Where there is a transfer of ownership of


a company, are the labor contracts of the
former employer binding on the
transferee?
In Sundowner Development Corp. vs. Drilon,
the Supreme Court ruled that, unless expressly
assumed, labor contracts like collective bargaining
agreements are not enforceable against the
transferee of an enterprise. Labor contracts are in
personam and thus binding only between the
parties.
The liabilities of the previous owner to its
employees are not enforceable against the buyer or
transferee, unless [1] the latter unequivocally
assumes them; or [2] the sale or transfer was made
in bad faith.(Barayoga vs. Asset Privatization Trust
Oct. 24, 2005)
An employer filed a petition to cancel the
unions certificate of registration. Is the
resolution of the petition a prejudicial
question that must be settled first before
the Sec. of Labor could order the parties
to bargain collectively?
The pendency of a petition for cancellation of
union registration does not preclude collective
bargaining.
The discretion to assume jurisdiction may be
exercised by the Secretary of Labor and
Employment without the necessity of prior notice or
hearing given to any of the parties. (Capitol Medical
Center, Inc. vs. Trajano
June 30, 2005)
Union Security Arrangements
CLOSED SHOP: Only members OF
THE BARGAINING AGENT can be hired
and they must remain union members
as a condition of continued employment.
UNION SHOP: Once hired, a person
must become a member of the
bargaining agent and must remain so
during the period of the CBA for
continued employment.
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MODIFIED UNION SHOP: Employees


who are not members of the bargaining
union upon execution of the CBA are not
required to join the union; only those
hired after are required.
AGENCY SHOP: Non-members are not
required to join the bargaining union but
they should pay an AGENCY FEE to the
union as a condition for continued
employment.
MAINTENANCE OF MEMBERSHIP
CLAUSE requires members of the
bargaining union to maintain their
membership therein for continued
employment. Non-union members are
not required to join.
PREFERENTIAL HIRING
AGREEMENT preference in hiring is
given to members of the bargaining
union who are thereafter required to
maintain their membership for continued
employment.
Grievance Machinery and Voluntary Arbitration
Concept
The constitution promotes the preferential
use of voluntary modes in settling disputes,
including conciliation, and shall enforce compliance
therewith to foster industrial peace (Section 3,
Article XII). The GRIEVANCE
PROCEDURE/MACHINERY refers to the internal
rules of procedure established by the parties in
their CBA intended to resolve all issues arising from
the implementation and interpretation of their CBA
with VOLUNTARY ARBITRATION as the final step,
It includes the mechanism for the adjustment and
resolution of grievances arising from the
interpretation and/or implementation of the CBA
and the enforcement of company personnel
policies.
Voluntary Arbitrator/Arbitration
Voluntary Arbitrator/Arbitration refers to
the mode of settling labor-management
disputes by which the parties select a
competent, trained and impartial
ARBITRATOR duly accredited by the

National Conciliation and Mediation Board


(NCMB), to decide the merits thereof.
Jurisdiction of Voluntary
Arbitrator/Arbitration
ORIGINAL AND EXCLUSIVE: all
unresolved grievances arising from
interpretation or implementation of
the CBA and company personnel
policies.
GENERAL: all disputes that may be
referred by the parties including ULP
and bargaining deadlocks.
Strikes and Lockouts
Concepts
STRIKE
-any temporary stoppage of work by the
concerted action of the employees as a result of a
labor dispute. It includes slowdowns, mass leaves,
sit-downs, attempts to damage or sabotage the
employer's operations, equipment and facilities,
and other similar activities.
PICKETING
-peaceably marching to and fro before an
establishment to publicly make known the
existence of a labor dispute usually by the display
of placards, banners and other propaganda
materials and activities.
LOCKOUT
-the temporary refusal of an employer to
furnish work as a resuIt of a labor dispute.
INDUSTRIAL/LABOR DISPUTE
-includes any controversy or matter
concerning terms and conditions of employment or
the association or representation of persons in
negotiating the fixing, maintaining, changing or
arranging the terms and conditions of employment,
regardless of whether the disputants stand in the
proximate relationship of employer and employee.
INTER-UNION DISPUTE
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-a dispute between two or more unions


seeking to represent the employees in a bargaining
unit.
INTRA-UNION DISPUTE
-one involving the internal affairs of the
union such as accounting of funds, disloyalty of
members, etc.
"NO STRIKE, NO LOCKOUT CLAUSE
-a standard provision in the CBA that
prohibits resort to strike/lockout as a means to
resolve a controversy. The prohibition applies only
to an economic strike and not to a ULP strike.
NOTICE OF STRIKE
-refers to the notification filed a duly
registered labor union with the appropriate NCMB
Regional Branch informing the latter of the formers
intention to go on strike because of deadlock in
collective bargaining or the commission of ULP by
the employer. A copy of the notice must be duly
served on the employer by personal service or by
registered mail. However, if the notice is sent by
Registered Mail, the cooling-off period shall begin
from the date of receipt by the employer of the
notice.
COOLING-OFF PERIOD
-refers to period designed by the law to
afford the parties the opportunity to amicably
resolve this dispute with the assistance of the
NCMB. The period may either be THIRTY (30)
DAYS in case of ECONOMIC STRIKE, or FIFTEEN
(15) DAYS for a ULP. STRIKE. The cooling-off
period is dispensed with if the ground for the strike
is UNION BUSTING or DISMISSAL OF UNION
OFFICERS.
STRIKE VOTE/LOCKOUT VOTE
-refers to the approval of the decision to
strike/lockout by a majority of the total union
membership in the bargaining unit or the Board of
Directors of the employer corporation, concerned
obtained by secret ballot.
STRIKE BAN

-the period of SEVEN (7) DAYS after the


report of the strike vote result to the NCMB/DOLE
within which the strike cannot be staged in all kinds
of strike. If the strike vote is held arid the result^
thereof is submitted during the cooling-off period,
the 7-day ban shall be reckoned from the expiration
of the cooling-off period. The purpose of the strike
ban is to enable the NCMB/DOLE the opportunity
to verify whether or not the projected strike was
approved by the majority of the union members.
STRIKE AREA
-means the establishment, warehouse,
depots, plants or office, including the sites or
premises used as run-away shops of the employer
struck against as well as the immediate vicinity
actually used by picketing-strikers in moving to and
fro before all points of entrance or exit from said
establishments.
IMPROVED/REDUCED OFFER
BALLOTING
-referendum by secret ballot on the
improved offer of the employer or reduced offer by
the union conducted by the NCMB on or before the
30th day of the strike.
PREVENTIVE MEDIATION CASE
-is a potential labor dispute that is the
subject of a formal or informal request for
conciliation and mediation and mediation
assistance sought by either or both parties or upon
the initiative of the NCMB to avoid the occurrence
of an actual labor dispute.
ASSUMPTION/CERTIFICATION ORDER
- Under Article 263[g] of the Labor Code,
when in the opinion of the Secretary of DOLE, the
labor dispute causes or will likely cause a strike or
lockout in an industry indispensable to the national
interest, he is empowered to do either of two things:
1. Assume jurisdiction over the labor dispute
and decide it himself; or
2. Certify the labor dispute to the NLRC for
compulsory/arbitration (CERTIFIED CASE)
RETURN-TO-WORK ORDER
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-is the consequence of an


Assumption/Certification Order where the striking
workers are directed to return to work, and the
employer to accept them back, under the same
terms and conditions prevailing before the dispute.
If no strike has been staged yet, the Impending
strike or lockout is automatically enjoined. Defiance
of the ASSUMPTION/CERTIFICATION/RETURNTO- WORIK ORDER will render the strike/lockout
illegal.
Requisites of a Valid Strike
1. Strike must be based on a valid and factual
ground
2. Collective Bargaining Deadlock
3. Unfair Labor Practice (ULP)
4. Conduct of Strike Vote
5. Submission of Strike Vote Report/Result
6. Observance of 15-Day or 30- Day Cooling-Off
Period
7. Observance of 7-Day Strike Ban
Illegal Strike
1. Failure to comply with requirements/requisites
2. Based on non-strikeable issues/unlawful
purpose
3. Issues have already been submitted for
arbitration
4. Commission of prohibited acts
5. Notice of Strike has already been converted to
Preventive Mediation
6. Violation of "NO STRIKE, NO LOCKOUT
clause of the CBA, except ULP
7. Defiance of Assumption/Certification/Injunction
Order
Prohibited Acts and Practices
1. Declaring a strike/lockout on grounds involving
inter-union or Intra-union disputes, or on issues
brought to voluntary or compulsory arbitration.

2. Declaring a strike/lockout without first having


bargained collectively or without first having
filed the required notice of strike or without the
strike or lockout vote.
3. Strike in defiance of Return-to-Work Order or
after assumption of jurisdiction or certification of
dispute to NLRC.
4. Obstructing, impeding or interfering with by
force, violence, coercion, threats or intimidation,
or abetting any such obstruction or interference,
any peaceful picketing or exercise of the right to
self-organization or collective bargaining.
5. Employing a strikebreaker or being employed
as such.
6. No public official or employee including officers
and personnel of the AFP and PNP shall bring
in. Introduce or escort in any manner any
individual who seeks to replace strikers in
entering or leaving the strike area; or, to work In
place of the strikers.
7. Stationary pickets or permanent blockades
8. Violence, coercion and Intimidation employed
by a striker/picketer
9. Obstruction of free ingress or egress from the
employers premises.
10. Obstruction of public thoroughfares.
Effects of Participation in an Illegal
Strike
Any union officer who knowingly participates in
an illegal strike and any worker who knowingly
participates in the commission of illegal acts during
the strike may be declared to have lost their
employment status. However in case of DEFIANCE
of a return-to-work order, it is immaterial whether
the violator is a union officer or an ordinary
member.
Suspension of Effects of Termination
Under Article 277[b] of the Labor Code, the
DOLE Secretary may suspend the effects of
termination of employees pending the resolution of
dispute in the event of a prima facie finding by the
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appropriate official before whom such is dispute is


pending, that the termination may cause a serious
labor dispute or Is In the Implementation of a mass
lay-off.
Strikes in Hospitals, Clinics, etc.
It shall be the duty of the striking union or
locking-out employer to provide and maintain an
effective skeletal workforce of medical and other
health personnel whose movement shall and
services shall be unhampered and unrestricted, as
are necessary to insure the proper and adequate
protection of the life and health of the patients,
most especially emergency cases, during the strike
or lockout.
The DOLE Secretary shall either assume
jurisdiction or certify the labor dispute to the NLRC
within TWENTY-FOUR (24) HOURS from

knowledge of the occurrence of such strike or


lockout.
Concerted Activities and Strikes by
Government Employees
Government employees are not allowed declare
any strike for the purpose of changing the terms
and conditions of employment. Negotiation is not
also allowed on those matters that require
appropriation of funds, those fixed by law, and
those involving the exercise of management
prerogatives.
Employees of GOCCs organized under the
Corporation Code shall have the right to organize
and bargain collectively with their respective
employers. All other employees in the Civil Service
shall have the right to form associations for purpose
not contrary to law.

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