I. INTRODUCTION

Question 1

What are the Cardinal Rights of Workers under Art. XIII, Sec. 3 of the Constitution?

Answer 1

HOT-CPLP

1. Right to organize
2. Right to conduct collective bargaining or negotiations with management
3. Right to engage in peaceful concerted activities including strike in accordance with law
4. Right to security of tenure
5. Right to work under humane conditions
6. Right to receive a living wage
7. Right to participate in policy and decision-making processes affecting their rights and benefits as may be provided by law

Question 2

Summary of the Labor Code under Art. 3 of its Declaration of Basic Policy

Answer 2

ARTICLE 3. Declaration of Basic Policy. — The State shall afford protection to labor, promote full employment, ensure equal work opportunities regardless of sex, race or creed, and regulate the relations between workers and employers. The State shall assure the rights of workers to self-organization, collective bargaining, security of tenure, and just and humane conditions of work.

Question 3

Which agency is responsible for the enforcement of labor laws?

Answer 3

DOLE

ARTICLE 5. Rules and Regulations. — The Department of Labor and other government agencies charged with the administration and enforcement of this Code or any of its parts shall promulgate the necessary implementing rules and regulations. Such rules and regulations shall become effective fifteen (15) days after announcement of their adoption in newspapers of general circulation.

Question 4

What are the minimum standards that trade unions may negotiate policies for? (LC 218)

Answer 4

1. Wages
2. Rates of Pay
3. Hours of Work
4. Other terms and conditions of employment EXCEPT as otherwise provided under this Code

par. B. To encourage a truly democratic method of regulating the relations between the employers and employees by means of agreements freely entered into through collective bargaining, no court or administrative agency or official shall have the power to set or fix wages, rates of pay, hours of work or other terms and conditions of employment, except as otherwise provided under this Code.

Question 5

Can a Labor Arbiter be assigned to the functions of a Commission?

Answer 5

NO.

Question 6

Compare the jurisdiction of the LA and Commission over CBA-related cases and the BLR’s jurisdiction over inter/intra-union cases

Answer 6

Art. 224(c) Cases arising from the interpretation or implementation of collective bargaining agreements and those arising from the interpretation or enforcement of company personnel policies shall be disposed of by the Labor Arbiter by referring the same to the grievance machinery and voluntary arbitration as may be provided in said agreements.

Question 7

Intra-Union v. Inter-Union dispute

Answer 7

“Inter-Union Dispute” refers to any conflict between and among legitimate labor unions involving representation questions for purposes of collective bargaining or to any dispute between legitimate labor unions.

“Intra-Union Dispute” refers to any conflict between and among members of a union. It may involve grievances arising from any violation of the rights and conditions of membership, violation of or disagreement over any provision

A complaint involving intra/inter-union dispute may be filed by a legitimate labor organization (LLO) or its members. Where the issue, however, involves the entire membership, the complaint shall be supported by at least 30% of the membership (D.O. No. 40-05)

Question 8

Jurisdiction of the Voluntary Arbitrator

Answer 8

ART. 273 [261]. JURISDICTION OF VOLUNTARY ARBITRATORS OR
PANEL OF VOLUNTARY ARBITRATORS.—The Voluntary Arbitrator or panel
of Voluntary Arbitrators shall have original and exclusive jurisdiction to
hear and decide all unresolved grievances arising from the INTERPRETATION AND IMPLEMENTATION OF THE COLLECTIVE BARGAINING AGREEMENT and those arising
from the interpretation or enforcement of company personnel policies
referred to in the immediately preceding article. Accordingly, violations of a
Collective Bargaining Agreement, EXCEPT THOSE WHICH ARE GROSS IN CHARACTER,
shall no longer be treated as unfair labor practice and shall be resolved as
grievances under the Collective Bargaining Agreement. For purposes of
this article, gross violations of Collective Bargaining Agreement shall mean
flagrant and/or malicious refusal to comply with the economic provisions of
such agreement.

The Commission, its Regional Offices and the Regional Directors of the
Department of Labor and Employment shall not entertain disputes, grievances
or matters under the exclusive and original jurisdiction of the Voluntary
Arbitrator or panel of Voluntary Arbitrators and shall immediately dispose and
refer the same to the Grievance Machinery or Voluntary Arbitration provided
in the Collective Bargaining Agreement.

Question 9

Mandatory Conciliation and Endorsement of Cases/SEnA

Answer 9

“ART. 228. Mandatory Conciliation and Endorsement of Cases. – (a) EXCEPT as provided in Title VII-A, Book V of this Code, as amended, or as may be excepted by the Secretary of Labor and Employment, all issues arising from labor and employment shall be subject to mandatory conciliation-mediation. The labor arbiter or the appropriate DOLE agency or office that has jurisdiction over the dispute shall entertain only endorsed or referred cases by the duly authorized officer.

“(b) Any or both parties involved in the dispute may pre-terminate the conciliation-mediation proceedings and request referral or endorsement to the appropriate DOLE agency or office which has jurisdiction over the dispute, or if both parties so agree, refer the unresolved issues to voluntary arbitration.”

k) “Single Entry Approach (SEnA)” refers to the administrative approach to provide an impartial, speedy, and inexpensive settlement procedure of all labor and employment issues through a 30-day mandatory conciliation-mediation (DO No. 151-16)