Assessment 3

Labor Law Review – UNC College of Law

Atty. Mila Raquid Arroyo - Professor
Jan 28 – Feb 7, 2019

Answers should be: i) as called for by the question: ii) responsive to all the issues presented in the
question; and iii) expressed in not more than three short, concise and complete statements. If
the statement is not true, restate it to make it true.

1. What is Labor Relations Law?

2. What is the purpose of Labor Relations Law that cannot be achieved by Labor Standards Law?
3. Identify the five (5) general end-goals of Labor Relations Law.
4. State the relevance, if any, of Labor Standards to Labor Relations and vice-versa.
5. Identify the five (5) general end-goals of Labor Relations Law.
6. State the nature of the relationship between International Labor Conventions and Labor
Relations Law.
7. Briefly explain why in employer-employee relationship, the employee is considered as
weaker than the employer.
8. The scope/extent of the rights of an employee is wider than the scope/extent of the rights
of an employer.
9. Identify the core/fundamental right of an employer on which the four (4) general rights
spring from.
10. Identify the different types of employees as classified by statutes and case law under Book V
of the Labor Code and state the reason/purpose for the classification.
11. What is a Labor Organization?
12. What is a Legitimate Labor Organization?
13. Identify the distinction between a labor organization and a legitimate labor organization.
14. Identify the requirements for registration of labor organizations.
15. Identify at least three (3) of the major labor/workers’ rights that come with being a duly registered
labor union;
16. What does the “right to self-organization” mean in labor law?
17. An application for registration will be denied if the applicant union is a company union.
18. What is Certification Election?
19. Only a legitimate labor organization may file a Petition for Certification Election.
20. A labor organization may exercise certain rights of a legitimate labor organization even though it
did not file an application for registration with the DOLE-RO/BLR.
21. What is a labor dispute?
22. Identify the three types of labor dispute and distinguish one from the other on the following
points of distinction: i) parties, and ii) issues;
23. What are the two (2) general classifications of the modes of settling labor disputes.
24. Which of the two (2) general classifications of the modes of setting labor dispute is
preferred as a matter of State policy?
25. Identify the five general processes of settling dispute and distinguish one from the other in terms
of whether it is a voluntary mode or a compulsory mode according to the following points of
 distinction: i)availment of the process, ii) intervention of 3 rd party, and iii) settlement
instrument;
26. Identify the thirteen (13) mechanisms/machineries involved in settlement of labor dispute.
27. Identify the instrumentality that has compulsory jurisdiction over the following respective
actions after exhausting all applicable plant-level and conciliation/mediation efforts to settle
the dispute:
i. Application for Union Registration; Appeal thereof.
ii. Petition for Cancellation of Union Registration; Appeal thereof
iii. Petition for Audit of Union Books of Accounts; Appeal thereof
iv. Petition for Certification Election, and Appeal thereof
v. Unfair Labor Practice, and Appeal thereof
vi. Legality/Illegality of Strikes/Lock-outs, and Appeal thereof
vii. Money claims of a dismissed employee involving the total amount of P5,000.00, and
Appeal thereof
viii. Collective Bargaining Deadlock
ix. Money claims of an OFW, and Appeal thereof
x. Claims under the Employees Compensation, and Appeal thereof
xi. Money claims of a househelper, and Appeal thereof
xii. Claims for Retirement Benefits, and Appeal thereof
xiii. Claims for Separation Pay, and Appeal thereof
28. A Collective Bargaining Unit is a legitimate labor organization.
29. Certification election is the process by which all employees in the establishment decides whether
or not to be represented for purposes of collective bargaining with the employer.
30. Certification election can take place only if there are at least two legitimate labor unions in the
establishment.
31. When a petition for certification election is filed, it is a ministerial duty of the BLR of the Regional
Office to conduct the certification election after ascertaining the employees who shall belong in
the collective bargaining unit sought to be represented in the collective bargaining agreement
with the employer.
32. An application for certification election filed by a legitimate labor organization will be denied if
an opposition is filed against it on the ground that that the applicant union is a company union.
33. Because the right to join a labor organization also means the right not to join, no employee
may be required to join a labor organization as a condition for employment or continued
employment.
34. Under ALL circumstances, the right to decide whether or not to join a labor organization is
lodged with the employee.
35. Distinguish between an organized and an unorganized establishment.
36. In the disposition of labor cases, the rules of procedure shall not apply.
37. For the purpose of ensuring compliance with labor laws, the NLRC may, motu proprio,
conduct an ocular inspection of any establishment employing workers.
38. The decision of the NLRC is appealable to the Court of Appeals.
39. The decision of the Regional Director is appealable to the NLRC.
40. Under no case may the decision of the Labor Arbiter be questioned directly to the Court of Appeals.
41. The decision of the BLR is appealable to the Secretary of Labor.
42. After internal remedies have been exhausted, a complaint for audit of union funds must be filed with the
Med-Arbiter.
43. A complaint for cancellation of union registration must be filed with the DOLE Regional Director.
44. An application for registration of labor union must be filed with the BLR or the Labor Relations Division
of the DOLE Regional Office.
45. The BLR cannot exercise visitorial and enforcement power over private establishment.
46. The BLR and the LRD of the DOLE RO has original and exclusive jurisdiction over all intra-union and
inter-union conflicts.
47. The jurisdiction of the BLR may be exercised over even when not invoked by any party.
48. A petition for certification election must be filed with the Med-Arbiter.
49. An order denying the petition for certification election is appealable to the NLRC.
50. The Secretary of Labor has compulsory jurisdiction on any matter involving labor dispute.
51. In the certification election conducted in Company A, all 150 employees belonging to the bargaining
unit had cast their votes. Show by example the situation respectively illustrating the following:
i. Minimum requirement/s to declare valid certification election.
ii. Minimum requirement/s to declare a winner.
iii. Minimum requirement/s to conduct a run off election.
52. For as long as the employer has voluntarily recognized a legitimate labor organization as the
employees’ bargaining representative, a CBA entered into between the employer and such union
is a valid CBA for purposes of labor laws.
53. Only the union who won in a certification election has the right to negotiate a collective
bargaining agreement with the employer.
54. Only the members of a union may be required to pay dues to such union.
55. All employees in the company may avail of the benefits secured through the CBA.
56. What is a “check off” and the requirements for a valid check-off?
57. In establishments where there is no Collective Bargaining Agreement, the duty to bargain
collectively generally refers to the duty to:
a. On the part of the Certified EBR:
i)
ii)
b. On the part of the employer:
i)
ii)
58. In establishments where there is a Collective Bargaining Agreement, what does the duty to
bargain collectively refer to?
59. Identify the requirement in order that mere interference in the employees’ right to self-
organization will become punishable as an unfair labor practice.
60. Under all circumstances, a “yellow dog” contract is illegal.
61. What is the “Contract Bar” Rule?
62. What are the two (2) general requirements in order that a petition for certification election filed
by a legitimate labor organization will be barred by the “Contract Bar” Rule?
63. Identify the six (6) requirements for a valid Collective Bargaining Agreement.
64. Identify the two (2) major classifications of the provisions of a Collective Bargaining
Agreement.
65. What is the “Certification-Year” Rule
66. Aside from ULP and Collective Bargaining Deadlock, the two (2) other valid grounds for
strike/lock-out are union busting and violation of the CBA.
67. Identify the three (3) general requirements for a valid strike/lockout.
68. Violations of the CBA is not a valid ground for strike.
69. Define/Describe the following:
a. Strike
b. Lock-out
c. “Wild cat” strike/lock-out
d. “Cooling-off” period in strikes/lock-outs
e. “Strike/Lock-out ban”
f. “Feather-bedding”
g. “Blue-sky Bargaining”
h. “Improved-offer balloting”
i. “Reduced-offer balloting”
j. “freedom period”
70. If the strike is to be conducted by the Exclusive Bargaining Representative, all employees in
the collective bargaining unit have the right to vote.
71. On injunction against valid strikes/lock-outs:
i. State the general rule applicable
ii. State the exception to the general rule, if any.
72. As a general rule, all striking employees may be dismissed from employment if the strike
conducted is found to be illegal. Identify at least two (2) exceptions.
73. Just like any action for enforcement of criminal liability, a party desiring to enforce the criminal
liability of the offender for unfair labor practice may file his complaint with the prosecution
office for as long as the period for filing it has not yet prescribed.
74. Because of the unfair labor practice committed by Union A against Union B, the latter decided
to go on strike on February 15, 2017 and filed the notice of strike with the NCMB on Jan 30,
2017. What legal advice should you give to Union B?
75. What is a union security clause?
76. Describe the following types of union security clauses:
i. “Maintenance of Membership”
ii. “Union -Shop”
iii. “Closed -Shop”
77. Identify one major characteristic of the Certified EBR if the CBA contains a closed shop
provision.
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