VIII. LABOR RELATIONS

Question 1

VIII. LABOR RELATIONS
A. Right to Self-Organization

1. Coverage and
   Eligibility for Membership; Exceptions

– Labor Code, arts. 253-255; DOLE D.O. No. 40-03, Rule II, secs. 1-2

Who enjoys this right? Who are excluded?

Most Emp have the R to F or J Lu exc ME & GE ( GOCCs w charter are covered by Civil Service Law)

Government employees have the right to join associations but such right does not include the right to form a labor union for collective bargaining purposes.

“It bears stressing that suspension of public services, however temporary, will inevitably derail services to the public, which is one of the reasons why the right to strike is denied to government employees.”

Answer 1

Right to Self-Organization in the Philippines: Coverage, Eligibility, and Exceptions

Articles 253 and 255 of the Philippine Labor Code outline the right to self-organization for workers. Here’s a breakdown of key points with relatable examples:

A) Coverage:
* Broad Scope: Most employees, regardless of industry or employer type (commercial, industrial, agricultural, religious, etc.), have the right to form or join labor unions.
* Exceptions:
Managerial employees and, in some cases, government employees (depending on the specific corporation) are ineligible for union membership.

B) Eligibility for Membership:
* Rank-and-File Employees: This constitutes the majority of workers and includes production workers, clerks, drivers, etc. They can form unions for collective bargaining (negotiating with employers for better wages, benefits, and working conditions).
* Supervisory Employees: They cannot join the same union as rank-and-file employees but can form separate unions for their own interests.

C) Exceptions to the Right to Self-Organization:**
* Managerial Employees: Due to their decision-making roles, they are excluded from union membership TO PREVENT CONFLICTS of iNTEREST with the employer.

• Current Event Example:
  Imagine news coverage about a call center strike. The striking workers are likely rank-and-file employees (agents, customer service representatives) who formed a union to negotiate for higher wages and improved working conditions. This scenario aligns with the right to self-organization.
• Jurisprudence and Legal Reasoning:
  Landmark cases like National Federation of Labor Unions vs. NLRC (G.R. No. 112282) emphasize the broad scope of the right to self-organization. However, exceptions exist for managerial employees to ensure a clear distinction between workers and management.
• Important Note:
  The specific rules regarding government employee unions can vary depending on the nature of the corporation. Consulting a labor lawyer is recommended for navigating the complexities of union membership in the public sector.

Question 2

VIII. LABOR RELATIONS
A. Right to Self-Organization

2. Doctrine of Necessary Implication ( as to Confidential Employees)

Who are confi employees?

Answer 2

Pertains to the exclusion of “confidential employees” from the right to self-organization and joining labor unions. The key points are:

1. Article 245 of the Labor Code grants the right to self-organization to all employees, except for managerial employees.
2. However, through jurisprudence, the Supreme Court has applied the “Doctrine of Necessary Implication” to also exclude confidential employees from the right to self-organization and joining unions.
3. Confidential employees are those who assist or act in a confidential capacity to, or HAVE ACCESS TO CONFIDENTIAL matters relating to, labor relations.
4. The rationale is that giving confidential employees the right to unionize may potentially CONFLICT WITH THE INTERESTS of the employer, since they may become union members while having ACCESS TO CONFIDENTIAL labor relations information.
5. As explained in [2], confidential employees are “DISQUALIFIED from joining any labor organization because of (A) the confidential nature of their functions and their (B) access to privileged information relating to labor relations.”
6. An example would be an employee in the Human Resources department who has access to confidential employee records, salary data, and information about the company’s labor relations strategies. Allowing such an employee to join a union could create a conflict of interest.
7. However, the exclusion of confidential employees is applied strictly.
   As stated in [4], “the exclusion applies only to the extent that the employee’s confidential functions affect the company’s labor policies.”

So in essence, the Doctrine of Necessary Implication under Philippine labor laws excludes confidential employees WHO HAVE ACCESS TO to privileged labor relations information from the right to self-organization, in order to avoid potential conflicts of interest between their union membership and confidential duties to the employer.

Question 3

VIII. LABOR RELATIONS
A. Right to Self-Organization

3. Bargaining Unit – DOLE D.O. No. 40-03, Rule I, sec. 1(e)

a. Commingling or Mixed Membership

r2 SO for purposes of CB & mutual A&P - protected by Consti and LC

Co-M = including in one Barg Unit R&F employees from diff classifications plus Supervisory Emp; Rule is that SupEmp are not allowed to join R&F union, they may for own separate LO

• NB - ManEmp are not allowed to J LU

What are the issues with Co-M ? CRL

Answer 3

Right to Self-Organization in the Philippines

Under Philippine law, the right to self-organization is protected by both the Constitution and the Labor Code of the Philippines. Employees have the right to form, join, or assist labor organizations for the purpose of collective bargaining or for their mutual aid and protection.

Co-Mingling or Mixed Membership

1. Definition:
   
   • Co-Mingling: The practice of including employees from different job classifications, such as rank-and-file employees and supervisory employees, within the same bargaining unit.
2. Legal Implications:
   
   • The Labor Code of the Philippines, particularly Article 245-A (formerly Article 245), prohibits managerial employees from joining any labor union and provides that supervisory employees shall not be eligible for membership in a labor organization of the rank-and-file employees but may form their own separate labor organization.

Issues with Co-Mingling

1. Conflict of Interest:
2. Representation and Bargaining:
3. Legal Prohibitions:

Question 4

VIII. LABOR RELATIONS
A. Right to Self-Organization

3. Bargaining Unit – DOLE D.O. No. 40-03, Rule I, sec. 1(e)

b. Inclusion as Members of Employees Outside the Bargaining Unit – Labor Code, art. 256

E’e can be in Union but Not necessarily in the BargU to avoid Coi

BargU are the group of E’es AUTHORIZED to NEGO a CBA w/ E’r

Answer 4

Key Point on Union Membership and Bargaining Unit (Philippines)

1)
This rule clarifies the relationship between union membership and the bargaining unit in the Philippines. Here’s a breakdown:
A) Union Membership:
Employees can be members of a labor union regardless of whether they belong to the bargaining unit.
B) Bargaining Unit:
This refers to a specific group of employees authorized to negotiate a collective bargaining agreement (CBA) with the employer on wages, benefits, and working conditions.

2)
The rule emphasizes two key points:
A. Union Membership is Separate: Including employees outside the bargaining unit as union members won’t lead to the union’s registration being revoked.
B. Automatic Removal from Bargaining Unit List: If an employee who belongs to the bargaining unit also becomes a union member, they are automatically removed from the official bargaining unit list. This might be to avoid conflicts of interest during negotiations.

Example:
Imagine a factory with two departments: production (bargaining unit) and administration (outside bargaining unit). The factory workers’ union can have members from both departments.

• Production Workers: They can be part of the union and also be included in the bargaining unit that negotiates the CBA with management.
• Admin Staff: They can choose to join the union for solidarity or access to union benefits, but they wouldn’t be part of the official bargaining unit negotiating the CBA. If an admin staff member joins the union, their name would likely be removed from the bargaining unit list to avoid any potential bias during negotiations.

Question 5

VIII. LABOR RELATIONS
A. Right to Self-Organization

4. Registration of Unions,
   Chartering,
   Cancellation of Registration
   – Labor Code, arts. 240, 241, 245 and 247

Registration v Chartering - EXPLAIN

Chartering is the formal process by which a local union Gains Recognition as a legitimate labor organization with the Department of Labor and Employment (DOLE)

Cancellation is the formal process by which a union LOSEA its RECOGNITION as a legitimate labor organization due to specific reasons outlined in the Labor Code.

Consequences:
Loses the right to represent employees in collective bargaining.
May no longer access DOLE dispute settlement mechanisms.
May lose certain legal protections.

Grounds for Cancellation:
Misrepresentation: Providing false information during registration.
Ineligible Officers: Having officers who are not qualified under the Labor Code (e.g., managerial employees).
Voluntary Dissolution: The union itself votes to dissolve, following a specific process outlined in the Labor Code.

Answer 5

To register your labor union in the Philippines and gain legal recognition, you’ll need to jump through a few hoops:
1) Pay a ₱50 Registration Fee: This is a small price to pay for official union status.
2) Document Your Formation: Provide minutes of organizational meetings and a list of attending workers to prove a legitimate founding process.
3) Show Your Strength (Independent Unions): If you’re an independent union, demonstrate your worker support by listing at least 20% of employees in your target bargaining unit as members.
4) Financial Transparency (Existing Unions): If your union has been around for a while (one year or more), submit copies of your annual financial reports to show responsible management.
5) Constitution & By-Laws: Provide four copies of your governing documents (constitution and by-laws) along with adoption/ratification minutes and a participant list.

Question 6

VIII. LABOR RELATIONS
A. Right to Self-Organization

5. Sole and Exclusive Bargaining Agent (SEBA) (DOLE D.O. No. 40-03,
   Rule I, Sec. 1(u)); Modes to Acquire Status (DOLE D.O. No. 40-I-15)

a. SEBA Certification – DOLE D.O. No. 40-03, Rule I, Sec. 1, as
amended by DOLE D.O. No. 40-J-22

DISCUSS.

How long is the certification valid?

Answer 6

SEBA (Sole and Exclusive Bargaining Agent):

• Represents the DESIGNATED labor organization authorized to negotiate collective bargaining agreements (CBAs) with the employer on behalf of all employees in a specific bargaining unit (SBU).
• SEBA Certification is the FORMAL RECOGNITION granted by the Department of Labor and Employment (DOLE) to a qualified union as the SEBA for a particular SBU.

Key Points on SEBA Certification:

• Who Can Apply: Any legitimate labor organization can apply for SEBA certification.
• Requirements: Unions must meet specific requirements set by DOLE, including demonstrating sufficient membership within the SBU.
• Process: The application process involves submitting documents, undergoing validation conferences, and potentially holding certification elections if necessary.
• Benefits of SEBA Certification:
  
  • Provides the certified union with the EXCLUSIVE RIGHT to negotiate and enter into a CBA with the employer on behalf of all employees in the SBU.
  • Strengthens the union’s bargaining power compared to representing employees without SEBA status.
  • Offers greater stability in labor relations within the SBU.
• Certification Period: A SEBA certification typically holds for one year, barring successful challenges or cancellation.

Additional Points:

• Non-SEBA Unions: Even without SEBA status, other unions can still organize and represent members within the SBU, but they won’t have exclusive bargaining rights.
• SEBA Certification Election: If competing unions vie for SEBA status, DOLE may conduct a certification election among SBU employees to determine the most representative union.
• Employer Neutrality: Employers are generally required to remain neutral during the SEBA certification process.

In essence, SEBA certification streamlines collective bargaining by designating a single union to represent employee interests in the SBU, promoting more focused negotiations with the employer.

Question 7

VIII. LABOR RELATIONS
A. Right to Self-Organization

5. Sole and Exclusive Bargaining Agent (SEBA) (DOLE D.O. No. 40-03,
   Rule I, Sec. 1(u)); Modes to Acquire Status (DOLE D.O. No. 40-I-15)

b. Certification and Consent Election – DOLE D.O. No. 40-03,
Rules VII and VIII, as amended

Answer 7

Certification Election:

• Purpose: Determines the SEBA for a particular SBU (Sole and Exclusive Bargaining Agent for a Specific Bargaining Unit) when there’s no clear majority union or competing unions claim representation rights.
• Initiation: A registered union can file a petition with DOLE (Department of Labor and Employment) requesting a certification election.

PROCESS:
* DOLE verifies the petition and conducts a hearing to determine the appropriateness of the SBU.
* If DOLE approves, a validation process assesses union membership claims within the SBU.
* A certification election is then held among eligible employees in the SBU to vote for their preferred SEBA (if there are competing unions) or “No Union.”
* The union with the most votes (or a majority vote for “No Union”) is certified as the SEBA.

CONSENT ELECTION

• Purpose: Similar to a certification election, it determines the SEBA, but with a key difference.
• Initiation: BOTH the employer and the union (or competing unions) VOLUNTARY AGREE to a consent election to settle the question of SEBA representation.
  PROCESS:
  
  • The parties involved work with DOLE to establish the SBU and agree on election procedures.
  • DOLE conducts the election with the agreed-upon rules.
  • The winning union (or “No Union” if that receives the majority vote) becomes the SEBA.

Key Points to Remember:

• Certification:
  DOLE plays a more active role in initiating and overseeing the entire election process.
• Consent:
  Parties have more control over the election details and timeline through their agreement with DOLE.
• Alternatives:
  If no union receives a majority vote in a certification election, or if the consent election results in “No Union,” then no SEBA is established for that SBU. This doesn’t prevent unions from continuing to organize employees, but they wouldn’t have exclusive bargaining rights.

Overall, both Certification and Consent Elections are mechanisms for DETERMINING the SEBA in Philippine labor law, ensuring a democratic process for EMPLOYEE REPRESENTATION in collective bargaining.

Question 8

VIII. LABOR RELATIONS
A. Right to Self-Organization

5. Sole and Exclusive Bargaining Agent (SEBA) (DOLE D.O. No. 40-03,
   Rule I, Sec. 1(u)); Modes to Acquire Status (DOLE D.O. No. 40-I-15)

c. Bars to the Holding of Certification Election

– DOLE D.O. No.
40-03, Rule VIII, Sec. 14, and Rule XVII, Sec. 7, as amended;
Omnibus Rules Implementing the Labor Code, Book V, Rule
III, Sec. 14 (e)

Answer 8

Specific circumstances or conditions that prevent or disqualify a labor union or employee organization from conducting a certification election to determine their representation status.

1. Collective Bargaining Agreement (CBA) Bar: A certification election cannot be held if there is an EXISTING & EFFECTIVE CBA covering the employees in the bargaining unit.
   This is to ensure stability and adherence to the terms negotiated under the CBA.
2. Petition Bar: A petition for certification election may be barred if a REPRESENTATION CASE involving the same bargaining unit has been FILED & PENDING before the DOLE or the courts.
   This prevents multiple election proceedings for the same group of employees.
3. Voluntary Recognition Bar: If an Employer VOLUNTARILY RECOGNIZES a union as the EB exclusive bargaining representative of employees, a certification election cannot be held for a specified period.
   This recognizes the legitimacy of voluntary agreements between employers and unions.
4. Certification Year Bar: A certification election cannot be conducted within ONE YEAR From the date of a Valid Certification, consent, or RUN-OFF election.
   This rule aims to promote stability and prevent frequent changes in representation status.
5. Certification as Sole and Exclusive Bargaining Agent: If a union has been certified as the sole and exclusive bargaining agent, another union cannot petition for certification within one year from the date of certification.

Example Illustration:

Scenario: Employees of Company XYZ are considering forming a union for collective bargaining. However, there is already an existing Collective Bargaining Agreement (CBA) between the current union and Company XYZ that covers the employees.

Application: The employees’ petition for a certification election may be barred due to the existing CBA. Since there is already a recognized bargaining agent with a valid CBA in place, a certification election cannot be conducted until the CBA expires or is terminated.

Understanding these bars is crucial for both employers and employee organizations in navigating the process of certification elections under Philippine labor laws. It ensures clarity and adherence to legal requirements, promoting fair representation and stability in labor relations.

Question 9

VIII. LABOR RELATIONS
A. Right to Self-Organization

5. Sole and Exclusive Bargaining Agent (SEBA) (DOLE D.O. No. 40-03,
   Rule I, Sec. 1(u)); Modes to Acquire Status (DOLE D.O. No. 40-I-15)

d. Failure of Election, Run-off Election, Re-run Election

– DOLE
D.O. No. 40-03, Rule IX, Secs. 17-19, as amended

Answer 9

The concepts of Failure of Election, Run-off Election, and Re-run Election are important in the context of certification elections conducted to determine the exclusive bargaining representative of employees:

1. Failure of Election:
   
   • Substance: A Failure of Election occurs when the conduct of a certification ELECTION IS DISRUPTED or rendered ineffective due to circumstances such as FRAUD, VIOLENCE or any event that Prevents a FAIR and FREE election.
   • Illustration:
     During the certification election process for employees of Company ABC, violence breaks out at the polling place, preventing employees from casting their votes. As a result, the election fails to proceed and is declared a Failure of Election by the Department of Labor and Employment (DOLE).
2. Run-off Election:
   
   • Substance: A Run-off Election is held when NO UNION Receives the MAJORITY of the valid votes cast during the initial certification election.
     It aims to determine the majority choice among the top two contending unions or choices.
   • Illustration: In a certification election involving three unions (Union A, Union B, and Union C), no union garners a majority of the votes. As per Philippine labor law, a Run-off Election is conducted between Union A and Union B, the two unions with the highest number of votes, to determine the exclusive bargaining representative.
3. Re-run Election:
   
   • Substance: A Re-run Election is ordered WHEN THE 1ST certification election is DECLARED VOID due to substantial irregularities or violations that affect its integrity. It allows for a fresh election to be conducted to ensure fairness and accuracy.
   • Illustration: In a certification election for employees of Firm XYZ, it is discovered that the election officers mishandled the ballots, leading to doubts about the election’s integrity. In response, the DOLE orders a Re-run Election to be held to rectify the irregularities and allow employees a fair chance to choose their bargaining representative.

Understanding these concepts is essential for both employers and employee organizations involved in certification elections under Philippine labor laws. They ensure that elections are conducted fairly, reflecting the genuine will of the employees in choosing their representation.

Question 10

VIII. LABOR RELATIONS

B. Rights of Legitimate Labor Organizations

1. Check Off,
   Assessment, and
   Agency Fees

– Labor Code, arts. 250 (n), (o)
and 259 (e); DOLE D.O. No. 40-03, Rule XIII, sec. 1

Answer 10

How labor unions in the Philippines can collect money from their members and how employers can deduct these fees from employees’ salaries.

1. Check-Off Fees:
   * Definition: This is the system where an EDUD EMPLOYER DEDUCTS UNION DUES or fees from an employee’s salary and Remits them Directly TO THE union.
   * Authorization Required:
   Check-off can only happen with WRITTEN AUTHORIZATION from the individual employee.
   * Transparency:
   The authorization should clearly state the amount, purpose, and beneficiary of the deduction.
   Example:
   Imagine a call center union negotiates a check-off system with management. Call center agents who wish to join the union can sign a form authorizing the deduction of a monthly membership fee (e.g., ₱100) from their salary. This fee would then be directly transferred by the company to the union’s account.
2. Special Assessments and Fees:
   * Definition: These are additional fees levied upon union members beyond regular dues.
   * Approval Process: Special assessments or fees require WRITTEN APPROVAL from a Majority of union members in a properly convened general meeting.
   * Record Keeping: The union secretary must record details of the meeting, including the purpose and recipient of the fees, and the president must attest to the record.
   Example:
   A nurses’ union might decide to hold a special fundraising drive to support a legal battle against a hospital’s unfair labor practices. They would need to hold a general membership meeting where the proposal for a one-time special assessment (e.g., ₱200) is voted on. If a majority approves, the union can collect these additional fees with proper documentation.
3. Agency Fees (Right to Work Laws Not Applicable):
   * Concept (Not Applicable in the Philippines): In some countries with “right-to-work” laws, non-union members covered by a collective bargaining agreement might be required to pay agency fees to the union representing them.
   * Philippine Exception: The excerpt clarifies that the individual authorization requirement for check-off fees (mentioned above) doesn’t apply to non-members of the recognized collective bargaining agent in the Philippines. This suggests there’s no mandatory agency fee system in the Philippines.

• Important Note:
• These are just some key points, and the specific rules regarding union finances can be complex. It’s recommended to consult a lawyer specializing in labor law for further guidance.

Question 11

VIII. LABOR RELATIONS

B. Rights of Legitimate Labor Organizations

2. Collective Bargaining
   a. Procedure in Bargaining – Labor Code, art. 261

Initiate - Resolve Diff - Reach Agreement - Good Faith amicable settlement

Answer 11

Negotiating a fair employment contract? Here’s a simplified breakdown of the collective bargaining process

A) Initiating Negotiations (Step 1 & 2):
1. Start with a Written Notice:
- One party (union or employer) sends a formal written proposal outlining their desired terms for the employment contract (wages, benefits, working conditions).
- The other party has 10 days to respond in writing with their counter-proposal or acceptance.

B) Resolving Differences (Steps 3 & 4):
2. Conference if Disagreements Arise:
- If there are issues with the initial proposals, either party can request a conference within 10 days of the response. This provides a platform for direct discussion.
3. Conciliation by the National Labor Relations Board (NLRC):
- If the conference doesn’t resolve the dispute, either party or the NLRC can initiate conciliation meetings. The NLRC acts as a neutral mediator to help both sides reach an agreement.
- Important: During conciliation, both parties are prohibited from taking actions that could worsen the situation (strikes, lockouts).

C) Reaching an Agreement (Step 5):
4. Striving for Amicable Settlement:
- The NLRC aims to guide both parties towards a mutually agreeable solution.
- Voluntary arbitration might be encouraged, where an impartial third party makes a binding decision.

• Example:
  Imagine a union representing factory workers wants to negotiate a raise and better healthcare benefits. They would follow these steps:
  1. Written Notice: The union sends a document to the factory management outlining their proposed wage increase and specific health insurance plan.
  2. Management Response: Within 10 days, management might counter with a lower raise offer and a different health plan.
  3. Conference (if needed): If disagreements persist, either the union or management can request a conference to discuss the proposals directly.
  4. NLRC Conciliation: If the conference fails, the NLRC steps in with conciliation meetings. Here, both sides negotiate with the NLRC’s guidance to find common ground.
• Remember:
  The goal is to reach a fair agreement through communication and compromise. The NLRC plays a crucial role in facilitating a peaceful and productive negotiation process.

Question 12

VIII. LABOR RELATIONS

B. Rights of Legitimate Labor Organizations

2. Collective Bargaining

b. Duty to bargain collectively – Labor Code, arts. 262-264

Explain

good faith is paramount
Foc on iss of WC wages

Answer 12

Articles 262 and 264 of the Labor Code outline the duty to bargain collectively, a crucial aspect of employer-employee relations:

A) What it Means:
* When there’s NO EXISTING AGREEMENT between the employer and employee representatives (union), Both parties have a LEGAL OBLIGATION to Bargain Collectively.

• This translates to GOOD FAITH NEGOTIATIONS on terms like wages, working hours, and other employment conditions.
• Bargaining involves meeting promptly and discussing proposals put forth by either side.

Current Event Example:
Imagine news coverage about nurses at a private hospital planning to strike due to low wages and long working hours. The nurses might not have a formal collective bargaining agreement (CBA) with the hospital management. In this scenario:
* The nurses’ union can initiate the process by sending a written proposal outlining their desired wage increase and preferred working hours.
* The hospital management is then obligated to respond in good faith and engage in negotiations.

B) Key Points (Articles 262 & 264):
* Good Faith is Paramount: Both parties must approach negotiations with a genuine intention to reach an agreement.
* Focus on Issues: Discussions should center around wages, benefits, and working conditions.
* No Obligation to Agree: Neither party is forced to accept every proposal, but they must negotiate seriously.
* Respecting Existing Agreements (Article 264): If a CBA exists, neither party can unilaterally terminate or modify it during its validity period. However, either side can propose changes by providing written notice 60 days before the agreement expires.

• Remember:
  Collective bargaining is a process, not a guarantee. The goal is to find common ground through open communication and a willingness to compromise.

Question 13

VIII. LABOR RELATIONS

B. Rights of Legitimate Labor Organizations

2. Collective Bargaining

c. Economic Provisions and Conditions

• wages salaries
• allowances
• bonuses

Answer 13

Deal with the monetary aspects of the employment relationship

These clauses directly impact the FINANCIAL WELL-BEING OF EMPLOYEES and are a key focus during negotiations between unions and employers:

• Wages and Salaries:
  This is a central element, outlining the BASE PAY employees receive for their work. It can be expressed as hourly rates, monthly salaries, or a combination depending on the industry and position. The CBA may also establish a process for wage adjustments based on factors like inflation or productivity.
• Allowances:
  These are additional payments beyond base pay to compensate for specific work-related expenses or situations. Examples include rice allowances, transportation allowances, and clothing allowances.
• Bonuses:
  The CBA may outline the types and amounts of bonuses employees are entitled to, like productivity bonuses, Christmas bonuses, or 13th-month pay.
• Benefits:
  This can encompass a wide range of benefits that contribute to employee well-being and financial security. Examples include health insurance, retirement plans, paid time off (vacation leave, sick leave), and maternity leave.
• Fringe Benefits: These are additional perks or benefits employees receive beyond base pay. They can include profit-sharing plans, educational assistance, or meal subsidies.

Key Points to Remember:

• Economic Provisions and Conditions are crucial for ensuring FAIR COMPENSATION and improving worker livelihoods.
• Unions play a vital role in negotiating for better wages, benefits, and overall working conditions.
• The specific details of these provisions will vary depending on the industry, company size, and the bargaining power of the union.

Additional Notes:

• The Philippine government sets minimum wage standards, but CBAs can negotiate wages that exceed these minimums.
• Some benefits, like mandatory contributions to Social Security System (SSS) and PhilHealth, may be legally required and reflected in the CBA for transparency.

Question 14

VIII. LABOR RELATIONS

B. Rights of Legitimate Labor Organizations

2. Collective Bargaining

d. Non-Economic Provisions and Conditions

Un Sec / ManSec
Sr R
WhO
LOA
Osh
WrP

Answer 14

Aspects of the work environment BEYOND direct MONETARY compensation.
These provisions focus on creating a fair and secure work atmosphere for employees and often involve employee rights and management practices

• Union Security:
  These clauses outline how the union will MAINTAIN its membership and collect dues. This could include a check-off system where UNION DUES ARE AUTOMATICALLY deducted from employee salaries.
• Management Security:
  This section may establish LIMITATIONS on management’s ability to discipline or TERMINATE employees without just cause.
  It can also outline a grievance procedure for employees to address workplace issues.
• Seniority Rights: The CBA may define HOW seniority will be used in situations like Promotions, Layoffs, or scheduling.
• Work Hours and Overtime:
  This section can establish standard working hours per day or week, as well as overtime pay rates and calculations. While minimum work hours are mandated by law, the CBA can negotiate for shorter workweeks if desired.
• Leave of Absence: The CBA may elaborate on existing leave benefits mandated by law (sick leave, vacation leave) and potentially include additional paid or unpaid leave options like parental leave or educational leave.
• Occupational Safety and Health (OSH): This section may establish specific safety protocols, accident reporting procedures, and employee rights regarding safety concerns in the workplace.
• Work Rules and Policies: The CBA may incorporate or reference existing company policies or establish new ones regarding workplace conduct, dress code, grievance procedures, and other non-monetary aspects of work life.

Key Points to Remember:
* Non-Economic Provisions and Conditions PROMOTE A WORK ENVIRONMENT that is Fair, respectful, and Safe for employees.
* They establish clear expectations for both employers and employees regarding work rules, grievance procedures, and employee rights.
* A strong CBA with well-defined non-economic provisions can contribute to a more productive and harmonious work environment.

Additional Notes:

• The specific details of these provisions will vary depending on the industry, company size, and the bargaining power of the union.
• Some non-economic provisions may align with existing Philippine labor laws, while others may go beyond the minimum legal requirements to provide additional benefits for employees.

Question 15

VIII. LABOR RELATIONS

B. Rights of Legitimate Labor Organizations

2. Collective Bargaining

e. Mandatory Provisions in a Collective Bargaining Agreement

• Grv Mach *& vAP
• No S, No L clause
• co provision
• union sec cl
• term

Answer 15

Key mandatory provisions:

1. Grievance Machinery and Voluntary Arbitration Procedures:
   The CBA must include a provision for grievance machinery and voluntary arbitration procedures to resolve disputes arising from the interpretation or implementation of the CBA. This is mandated by Article 260 of the Labor Code.
2. No Strike, No Lockout Clause:
   A provision PROHIBITING strikes and lockouts DURING THE TERM of the CBA must be included, as required by Article 263(g) of the Labor Code.
3. Check-off Provision:
   The CBA should include a provision for the check-off of union dues from the wages of union members, with their written authorization, as per Article 241(o) of the Labor Code.
4. Union Security Clause:
   While not strictly mandatory, union security clauses (e.g., union shop, closed shop) are common and important provisions in CBAs. Their inclusion is subject to negotiation between the parties.
5. Term of Agreement:
   The CBA must specify its duration, which cannot be less than five years, as per Article 253-A of the Labor Code.
6. Scope of Bargaining Unit:
   The CBA should clearly define the scope of the bargaining unit, specifying which employees are covered by the agreement.
7. Economic Provisions:
   While the specific terms are subject to negotiation, the CBA must address economic issues such as wages, hours of work, and other terms and conditions of employment.
8. Non-Economic Provisions:
   The CBA should also cover non-economic issues like job security, promotion policies, and other workplace rules.
9. Compliance with Labor Standards:
   The CBA must comply with minimum labor standards set by law. It cannot provide for terms and conditions of employment below the statutory minimums.
10. Procedure for Amending the CBA:
    A provision outlining the process for amending the CBA during its term should be included.
11. Separability Clause:
    A provision stating that if any part of the CBA is declared invalid, the rest of the agreement remains in effect.

These mandatory provisions ensure that the CBA serves as an effective tool for maintaining industrial peace and protecting the rights of both workers and management. The Department of Labor and Employment (DOLE) and the National Labor Relations Commission (NLRC) play crucial roles in enforcing these requirements and resolving disputes related to CBAs.

Question 16

VIII. LABOR RELATIONS

B. Rights of Legitimate Labor Organizations

2. Collective Bargaining

f. Freedom Period - the 60-day period before the expiration

What are the rights during this period? obligations after?

In essence, the freedom period is a crucial window that enables labor unions to exercise their right to initiate changes to an expiring CBA through collective bargaining, ensuring their voices are heard in determining new terms and conditions of employment.

Answer 16

“Freedom Period” during collective bargaining :

1. Definition of Freedom Period:
   - The freedom period refers to the 60-day period before the expiration of an existing Collective Bargaining Agreement (CBA) between a union and an employer. [1]
   - During this window, BOTH the labor union and the employer have the OPTION to serve notice to TERMINATE OR AMEND the existing CBA. [1]
2. Purpose and Significance:
   - It ALLOWS both parties to PREPARE for upcoming negotiations by assessing their positions and Discussing Potential CHANGEs to the agreement. [1]
   - It sets the stage for balanced and constructive negotiations towards a new or amended CBA.
   - The freedom period is a critical phase that upholds the rights of both labor and management to initiate changes to the CBA terms.
3. Rights During Freedom Period:
   - The labor union can FILE A NOTICE to amend or terminate the existing CBA within the 60-day period. [1]
   - The employer can likewise serve notice to amend or terminate the CBA during this window. [1]
   - Both parties can FORMULATE their Proposals and negotiating positions during this time.
4. Obligations After Freedom Period:
   - If no notice is served by either party during the freedom period, the existing CBA is AUTOMATICALLY RENEWED for another period. [4]
   - If notice is served, the parties are OBLIGATED TO MEET and negotiate a new CBA with mutually agreed terms. [4]
   - The existing CBA remains in FORCE UNTIL A NEW ONE is concluded through collective bargaining. [4]

Example:
The XYZ Company’s 5-year CBA with Union A is set to expire on December 31, 2023. The freedom period begins on November 1, 2023. During this time, Union A can serve notice that it wants to amend certain economic provisions like wage increases. The company can also file notice to modify non-economic terms like work rules. This initiates the negotiation process for a new CBA once the freedom period lapses.

Question 17

VIII. LABOR RELATIONS

B. Rights of Legitimate Labor Organizations

2. Collective Bargaining

g. Union Security Clause TYPES:

as a condition of employment : closed shop vs union shop vs agency shop

Answer 17

Union Security Clauses :

1. Definition and Purpose
   - A union security clause is a provision in a collective bargaining agreement (CBA) that REQUIRES EMPLOYEES TO
   A) BECOME members of the contracting union or
   B) PAY FEES to the union as a condition of employment or continued employment.

• The purpose is to ensure support for the union, PREVENT FREE-RIDERS, and maintain union strength in representing workers. [5]

Example: A CBA clause stating “All employees must become members of Union X within 30 days of hiring as a condition of continued employment.”

2. Permissibility under Labor Code
   - Article 259(e) of the Labor Code ALLOWS parties to REQUIRE union membership as a CONDITION OF EMPLOYMENT, except for employees already members of another union when the CBA was signed. [4]
   - This permits closed shop and union shop arrangements to be negotiated into CBAs.
3. Types of Union Security Clauses
   - Closed Shop: REQUIRES employees to be union members BEFORE BEING HIRED

• Union Shop:
  Requires employees to JOIN the union AFTER being hired, usually within 30 days, AS A CONDITION of continued employment. [1][5]
• Agency Shop: Requires non-union employees to PAY FEES to the union for its services as the bargaining agent. [1]

Example: A closed shop clause would state “Only current members of Union X shall be hired for covered positions.”

4. Validity Requirements (Supreme Court)
   - The union security clause must be applicable to the employee. [4]
   - The union must be requesting enforcement of the clause. [4]
   - There must be sufficient evidence to support the union’s decision to expel the employee for non-membership/non-payment. [4]
5. Termination for Violation
   - Dismissal due to enforcement of a valid union security clause is Considered A JUST CAUSE for termination under jurisprudence. [4]
   - The CBA stipulation is given equal importance as statutory provisions on dismissal under the Labor Code. [4]

In essence, Philippine labor laws allow negotiation of union security clauses during CBA bargaining to compel membership or payment to the union, subject to certain exceptions and requirements set by the Labor Code and Supreme Court for valid enforcement leading to termination.

Question 18

VIII. LABOR RELATIONS

C. Unfair Labor Practices
1. By Employers – Labor Code, art. 259

ULPs are employer Actions that INFRINGE on WR, particularly regarding u & cB

• Important Note:
• Only certain officers/agents who directly participate in, authorize, or ratify ULPs can be held criminally liable (last paragraph of Article 248).
• Consulting a lawyer specializing in labor law is recommended if you suspect your employer is engaging in unfair labor practices.

Answer 18

Unfair Labor Practices by Employers in the Philippines:

The Labor Code outlines various actions by employers considered unfair labor practices (ULPs):

What are Unfair Labor Practices?

ULPs are employer Actions that INFRINGE on Workers’ rights, particularly regarding unionization and collective bargaining.

Here are some common examples based on Article 248(a) to (i):
1) Interfering with Unionization (a): Threatening employees with job loss or reduced benefits if they join a union.
2) Forcing Employees Out of Unions (b): Requiring employees to choose between their jobs and union membership.
3) Undermining Unions (c & d): Hiring non-union workers to perform tasks previously done by union members, or creating a company-controlled “union” to weaken the legitimate union.
4) Discrimination Based on Union Membership (e): Offering better wages or benefits only to non-union employees.
5) Retaliation for Union Activity (f): Firing or demoting employees who participate in union organizing or testify in labor disputes.
6) Refusal to Bargain Collectively (g): Ignoring union requests to negotiate a collective bargaining agreement (CBA).

• Current Event Example:
  Imagine a news report about a garment factory where workers are discreetly forming a union to fight for better pay and safer working conditions. The factory management gets wind of this and:
  Threatens to shut down the factory if the workers unionize (A)
• Offers raises to individual workers on condition they abandon efforts to form a union (B)

These actions by the management would be considered unfair labor practices.

Question 19

VIII. LABOR RELATIONS

C. Unfair Labor Practices

2. By Labor Organizations – Labor Code, art. 260

ULPs by unions involve actions that i on wR or
violate their D2B collectively in gF

Answer 19

Unfair Labor Practices (ULPs) by Labor Organizations in the Philippines

The Labor Code outlines actions by labor organizations (unions) that can be considered unfair labor practices (ULPs). Here’s a breakdown of key points with a relatable scenario:
A) What are ULPs by Labor Organizations?**
ULPs by unions involve actions that infringe on worker rights or violate their duty to bargain collectively in good faith.

Here are some common examples based on (a) to (f):
1) Coercing Employees into Joining Unions (a):
Threatening workers with violence or ostracization if they don’t join the union.
2) Pressuring Employers for Unfair Dismissals (b):
Demanding an employer fire a worker solely because they aren’t a union member.
3) Refusal to Bargain Collectively (c):
The union unreasonably refuses to negotiate a collective bargaining agreement (CBA) with the employer.
4) Demanding Extortionate Fees (d):
Union demands excessive payments from employers for services not rendered (e.g., exorbitant fees for union negotiation).
5) Accepting Illegal Payments from Employers (e):
Union officials take money or favors from employers to influence negotiations or settle disputes.
6) Violating the CBA (f):
The union breaches the terms and conditions agreed upon in the CBA.

B) Current Event Example:
Imagine news coverage about a strike led by a bus driver’s union. The union demands a significant wage increase but refuses to consider the company’s financial limitations during negotiations. Additionally, some union representatives are suspected of accepting bribes from the company to weaken the strike efforts.

C) Legal Reasoning:
* The union’s inflexible stance regarding wages (c) could be seen as a refusal to bargain in good faith.
* Accepting bribes from the company (e) is a clear ULP.

• Important Note:
• Only union officials or members directly involved in authorizing or carrying out ULPs can be held criminally liable (last paragraph of Article 249).
• Workers who disagree with their union’s actions might have legal recourse depending on the specific circumstances. Consulting a lawyer is recommended in such situations.

Question 20

VIII. LABOR RELATIONS

D. Peaceful Concerted Activities
1. Strikes, Picketing, and Lockouts – Labor Code, art. 278;

Omnibus Rules
Implementing the Labor Code, Book V, Rule XIII

In essence, Article 278 upholds the rights of both workers (to strike and picket) and employers (to lockout) as legitimate actions in the context of labor disputes, while also regulating these actions through procedural requirements aimed at encouraging resolution through collective bargaining first.

Answer 20

Strikes:
Article 278 recognizes the right of workers to engage in strikes, which are defined as a temporary concerted REFUSAL TO WORK or obstruction of work by employees DUE TO A LABOR DISPUTE

A strike can be declared in cases of
bargaining deadlocks or
unfair labor practices,
subject to certain procedural requirements like bargaining COLLECTIVELY first and providing ADVANCE NOTICE

Picketing:
Picketing refers to the peaceful marching or GATHERING of employees WITH SIGNS related to the labor dispute they are involved in.
Article 278 allows for the right to picket during a labor controversy or in the exercise of self-organization or collective bargaining rights.

Lockouts:
A lockout is defined as the TEMPORARY REFUSAL by an employer to PROVIDE WORK to employees, done to compel the employees to accept certain demands related to the labor dispute.
Similar to strikes, lockouts by employers are recognized under Article 278 but are subject to procedural requirements like advance notice.

Question 21

VIII. LABOR RELATIONS

D. Peaceful Concerted Activities

2. Assumption of Jurisdiction by Secretary of Labor and Employment –
   Labor Code, art. 278 (g); DOLE D.O. No. 40-H-13

**Overall, DOLE Department Order No. 40-H-13 aims TO PREVENT DISRUPTIONS caused by labor disputes and PROMOTE a swift resolution process through ARBITRATION

• Industry Involved: The dispute involves an industry considered PERFORMING ESSENTIAL SERVICES - . This means the industry is CRITICAL to the ni, and a Dis could have SC

What is the effect of Assumption?

Here are the key points of DOLE Department Order No. 40-H-13 according to Philippine law:

• Focuses on Assumption of Jurisdiction by the Secretary of Labor: This order grants the Secretary of Labor and Employment the POWER TO TAKE CONTROL of a labor dispute under specific circumstances.
• Triggering Mechanisms: The Secretary can assume jurisdiction in TWO ways:
  A) Motu Proprio:** On their own initiative, if they believe a labor dispute poses a significant threat to national interest.
  B) Upon Petition:** In response to a request or petition from either party involved in the labor dispute.
• Effect of Assumption:
  Once jurisdiction is assumed, it has the immediate effect of:
  1) Enjoining Strike or Lockout:** Any impending strike or lockout is automatically prohibited.
  2) Resumption of Operations:** If a strike or lockout is already underway, all striking or locked-out employees and those involved in the strike notice must IMMEDIATELY RETURN TO WORK. The employer must also resume operations and readmit all employees under the same terms and conditions as before the dispute.
• Voluntary or Compulsory Arbitration:
  Despite the resumption of work, the order allows parties to choose between:
  A) Voluntary Arbitration:** Submitting the dispute to the Secretary of Labor, a duly authorized representative, or a Voluntary Arbitrator (or panel) for settlement.
  B) Compulsory Arbitration:** If no agreement on voluntary arbitration is reached within a reasonable timeframe, the Department of Labor and Employment can proceed with compulsory arbitration.

Answer 21

Assumption of jurisdiction by the Department of Labor and Employment (DOLE) Secretary:

• Circumstance for Assumption: The Secretary can take over a labor dispute when, in their opinion, it exists and:
  
  • Causes or is Likely to Cause a Strike or Lockout: The dispute has the potential to disrupt operations through a strike by workers or a lockout by management.
• Industry Involved: The dispute involves an industry considered PERFORMING ESSENTIAL SERVICES (not explicitly mentioned in Art. 278(g) but clarified in other issuances). This means the industry is critical to the national interest, and a disruption could have significant consequences.
• Effect of Assumption: Once the Secretary assumes jurisdiction:
  1) Automatic Injunction:** Any planned strike or lockout is automatically prohibited.
  2) Dispute Resolution:** The Secretary has the authority to:
  * DECIDE the Dispute: They can directly reach a settlement themselves. OR
  * CERTIFY to NLRC for Compulsory Arbitration: If the Secretary chooses not to decide, they can refer the dispute to the National Labor Relations Commission (NLRC) for CA compulsory arbitration.
  This means a binding decision will be made after both parties present their arguments.

Key Takeaways:

• This provision empowers the DOLE Secretary to intervene in critical labor disputes that could cause disruptions in essential services.
• The goal is to prevent strikes or lockouts and find a swift resolution through arbitration.
• It’s important to note that while Article 278(g) mentions “essential services,” other issuances like DOLE Department Order No. 40-H-13 provide further clarification on the specific industries considered to fall under this category.

Additional Points:

• The Secretary’s decision to assume jurisdiction is based on their judgment. While not explicitly mentioned in the article, legal processes likely exist to challenge their decision if deemed unfair or unreasonable.

Question 22

A news report highlights a group of public school teachers planning to form a union to advocate for better teaching supplies and smaller class sizes. The Department of Education (DepEd) argues that forming a union is unnecessary as teachers can raise their concerns through existing channels.

Question 1:

Based on the scenario, can the public school teachers legally form a union under Philippine law?

a) Absolutely not, government employees are generally prohibited from forming unions.
b) Yes, the right to self-organization applies broadly and includes public school teachers.
c) The answer depends on the specific type of public school (national vs. local government).
d) Teachers can only form a union if existing channels for raising concerns prove ineffective.

Answer 22

Answer: (b) Yes, the right to self-organization applies broadly and includes public school teachers.

Legal Reasoning:

• Article 253 of the Labor Code grants the right to self-organization to employees in various institutions, including educational ones.
• While some government employees might have limitations on union membership depending on their corporation type, public school teachers generally fall under the broad coverage of the right to self-organization.
• The scenario highlights a potential conflict between the teachers’ right to form a union and the DepEd’s stance. However, the legal right to form a union takes precedence in this situation.

Question 23

Imagine a news story about a group of nurses in a private hospital establishing a union to negotiate for higher salaries and improved working conditions. The hospital management claims some of the nurses hold supervisory roles and therefore shouldn’t be allowed to join the union.

Question 2:

Is the hospital management’s argument regarding supervisory nurses valid?

a) Yes, supervisory nurses are ineligible for union membership under any circumstance.
b) No, all nurses, regardless of supervisory roles, can join the same union.
c) The hospital can exclude supervisory nurses if their duties involve making significant hiring and firing decisions.
d) The answer depends on the specific number of supervisory nurses compared to rank-and-file nurses.

Answer 23

Answer: (c) The hospital can exclude supervisory nurses if their duties involve making significant hiring and firing decisions.

Legal Reasoning:

• Article 255 of the Labor Code excludes managerial employees from union membership to avoid conflicts of interest.
• Supervisory nurses can be a grey area. However, if their supervisory duties involve significant decision-making power, particularly regarding hiring and firing of rank-and-file employees, they might be considered ineligible for the same union.
• The key factor is the level of supervisory authority. Nurses with limited supervisory tasks (e.g., overseeing a small team) can likely join the rank-and-file union.

Question 24

What are the Formalities for the right to self organisation?

Answer 24

Key Points on Registration Requirements for Labor Unions and Workers’ Associations (Philippines)

These rules outline the essential steps for registering a labor union or worker’s association in the Philippines.

1. Application Process:
   * The union or association needs to submit an application for registration along with any accompanying documents.
   * This application must be certified under oath by a designated officer (either the Secretary or Treasurer) and further verified by the President’s signature.
2. Registration Fee:**
   * Upon submitting the application and required documents, a registration fee needs to be paid.
   * Once the fee is settled, the union or association will receive a certificate of registration, formally recognizing their existence.
   Example:
   Imagine a group of factory workers decides to form a union to advocate for better working conditions. To become an official union, they would need to:
3. Prepare an Application: This document outlines the union’s purpose, membership details, and leadership structure.
4. Certification and Attestation: The union’s Secretary (or Treasurer) would swear under oath that the information in the application is accurate. Additionally, the President would sign the application to verify its authenticity.
5. Registration Fee Payment: Once the application and documents are complete, the union would pay the required registration fee.
6. Certificate of Registration: After successful registration and fee payment, the government would issue a certificate officially recognizing the union, allowing them to operate legally.

• Important Note:
  These rules provide a general overview. The specific requirements and accompanying documents might vary depending on the government agency handling the registration process. It’s advisable to consult the relevant agency’s website or seek guidance from a lawyer specializing in labor law for the most up-to-date information.

Question 25

A news report details a growing dispute between a fast-food chain and its newly formed employee union. The union is demanding higher wages and stricter health protocols in the kitchens. Management responds by:

1. Scheduling mandatory “information sessions” where supervisors downplay the benefits of union membership.
2. Granting surprise bonuses to a select group of high-performing employees, none of whom are vocal union supporters.

Question 1:

Based on the scenario, which of the following actions by the fast-food chain MOST LIKELY constitutes an unfair labor practice (ULP)?

a) Holding mandatory information sessions about unionization.
b) Granting bonuses to high-performing employees.
c) Privately criticizing the union to other employees.
d) Implementing stricter health protocols without negotiation.

Answer 25

Answer: (a) Holding mandatory information sessions about unionization.

Legal Reasoning:

• Article 248(a) of the Labor Code prohibits employers from interfering with, restraining, or coercing employees in their right to self-organization.
• Mandatory sessions led by supervisors could be seen as an ATTEMPT TO DISSUADE employees from joining the union, especially if the information presented is biased or negative.

Question 26

Imagine the scenario progresses, and the union files a complaint alleging unfair labor practices. How might the fast-food chain defend its decision to grant bonuses to a select group of employees?

a) They can claim the bonuses were based on a pre-existing performance incentive plan.
b) There’s no ULP as long as the bonuses weren’t explicitly promised for abandoning the union.
c) They can argue the bonuses were a random act of goodwill not intended to influence union membership.
d) The company has the right to freely distribute bonuses without justification.

Answer 26

Answer: (a) They can claim the bonuses were based on a pre-existing performance incentive plan.

Legal Reasoning:

• While offering bonuses during a unionization drive can be suspicious, the company has some leeway if they can demonstrate a legitimate reason for the bonuses.
• Option (a) provides a credible defense - a documented performance incentive plan justifies the bonuses and weakens the claim of trying to influence union membership.

Important Note:

• The burden of proof lies with the employee/union to establish that the employer’s actions constitute an unfair labor practice.
• The specific facts of the case will be crucial in determining whether the employer’s actions were lawful. Consulting a lawyer is recommended for navigating these complexities.

Question 27

A news story highlights tensions between a nurses’ union and a hospital management. The union leadership is accused of:

1. Implementing a mandatory “orientation” for new nurses where they heavily promote the benefits of joining the union and subtly criticize alternative employee associations.
2. Demanding the hospital fire a nurse who recently voiced public opposition to a specific provision in the proposed collective bargaining agreement (CBA).

Question 1:

Based on the scenario, which of the following actions by the nurses’ union MOST LIKELY constitutes an unfair labor practice (ULP)?

a) Holding an orientation session promoting union membership.
b) Demanding the firing of a nurse who opposes a CBA provision.
c) Organizing protests outside the hospital demanding better pay.
d) Imposing high membership fees on new nurses joining the union.

Answer 27

Answer: (b) Demanding the firing of a nurse who opposes a CBA provision.

Legal Reasoning:

• Article 249(a) of the Labor Code prohibits labor organizations from restraining or coercing employees in their right to self-organization.
• Demanding the dismissal of a nurse solely because they disagree with a specific aspect of the CBA would be considered an attempt to coerce employees who might hold similar views.

Question 28

Question 2:

Imagine the scenario progresses, and the hospital files a complaint alleging ULPs against the union leadership. How might the union defend its actions regarding the mandatory orientation for new nurses?

a) They can claim the orientation is simply an educational session about worker rights.
b) There’s no ULP as long as new nurses aren’t pressured to join the union.
c) Citing the benefits of union membership is a legitimate exercise of their right to self-organization.
d) They can argue new nurses need to understand the advantages of being unionized.

Answer 28

Answer: (c) Citing the benefits of union membership is a legitimate exercise of their right to self-organization.

Legal Reasoning:

• While the line between promoting union membership and coercion can be blurry, the union has some leeway to inform potential members about its advantages.
• Option (c) provides a credible defense - explaining the benefits of union membership falls under the right to self-organization, especially if the information is presented objectively without pressuring new nurses to join.

Question 29

A large hospital has a registered union with a designated bargaining unit consisting only of nurses. The union recently admitted several administrative staff members (not nurses) into its membership. A concerned nurse argues that including non-bargaining unit employees in the union creates a conflict of interest and weakens the nurses’ bargaining power during CBA negotiations.

Question:

Is the inclusion of administrative staff members in the hospital union a valid concern according to Philippine labor law?

a) Yes, the union’s registration might be revoked for including non-bargaining unit members.
b) Yes, administrative staff can’t be union members if they’re not part of the bargaining unit.
c) No, the law allows unions to have members outside the bargaining unit, and this doesn’t affect the registration.
d) No, nurses can’t object to other employees joining the union, even if they’re not part of the bargaining unit.

Answer 29

Answer: (c) No, the law allows unions to have members outside the bargaining unit, and this doesn’t affect the registration.

Legal Reasoning:

Article 247 of the Labor Code states that including employees outside the bargaining unit as union members is not a ground for canceling the union’s registration.
Unions can have a broader membership than just the bargaining unit. This allows for solidarity among employees with shared interests, even if they have different roles within the company.
While the nurse might be concerned about potential conflicts of interest during negotiations, the law prioritizes the right of employees to join unions regardless of their bargaining unit status.
Important Note:

The scenario doesn’t mention any specific actions by the administrative staff that would create a conflict of interest.
The bargaining unit representatives (nurses) are still responsible for advocating for the best interests of the nurses during CBA negotiations.

Question 30

Scenario:

A news report highlights a dispute between a teachers’ union and the Department of Education (DepEd). The union is proposing a substantial increase in membership fees to fund legal challenges against the government’s recent policy on performance-based bonuses for teachers. They plan to achieve this through a combination of:

1. Increasing the monthly union dues through a vote at the next general membership meeting.
2. Implementing a mandatory “solidarity fee” from all teachers (union members and non-members) covered by the collective bargaining agreement (CBA) between the union and DepEd.

Question 1 (Check-Off Fees):

Imagine some teachers who are not members of the union are concerned that the new policy will lead to automatic deductions from their salaries to support the union’s legal battles. Can the union require mandatory check-off of the increased dues or the “solidarity fee” from non-members?

a) Yes, all teachers under the CBA must contribute to the union’s legal efforts.
b) Yes, the union can require check-off of increased dues from members with proper authorization.
c) No, mandatory check-off cannot be imposed on non-members for the “solidarity fee.”
d) No, the union cannot increase dues or impose any fees without government approval.

Answer 30

Answer: (c) No, mandatory check-off cannot be imposed on non-members for the “solidarity fee.”

Legal Reasoning:

• The concept of check-off requires written authorization from individual employees (members or non-members) for any deductions from their salaries.
• The scenario mentions a mandatory “solidarity fee” for all teachers, including non-members.
• The Philippines does not have mandatory agency fees (unlike some “right-to-work” countries).

Question 31

A news report highlights a dispute between a teachers’ union and the Department of Education (DepEd). The union is proposing a substantial increase in membership fees to fund legal challenges against the government’s recent policy on performance-based bonuses for teachers. They plan to achieve this through a combination of:

1. Increasing the monthly union dues through a vote at the next general membership meeting.
2. Implementing a mandatory “solidarity fee” from all teachers (union members and non-members) covered by the collective bargaining agreement (CBA) between the union and DepEd.

Question 2 (Special Assessments):

The scenario describes the increased membership dues as a way to fund legal challenges. How can the teachers’ union ensure they comply with Philippine labor law regarding this increase?

a) The union leadership can simply announce the new dues rate at the next general meeting.
b) A majority vote at the general membership meeting is required to approve the increased dues.
c) The union only needs approval from the government agency regulating teachers.
d) The increased dues cannot be implemented unless all members agree.

Answer 31

Answer: (b) A majority vote at the general membership meeting is required to approve the increased dues.

Legal Reasoning:

• The scenario suggests the increased dues are a special assessment beyond regular membership fees.
• Philippine law requires written approval from a majority of union members in a properly convened general membership meeting for special assessments or fees.

Question 32

A news report highlights a dispute between a teachers’ union and the Department of Education (DepEd). The union is proposing a substantial increase in membership fees to fund legal challenges against the government’s recent policy on performance-based bonuses for teachers. They plan to achieve this through a combination of:

1. Increasing the monthly union dues through a vote at the next general membership meeting.
2. Implementing a mandatory “solidarity fee” from all teachers (union members and non-members) covered by the collective bargaining agreement (CBA) between the union and DepEd.

Question 3 (Agency Fees):

The scenario mentions the “solidarity fee” specifically targeting non-union members. Is such a mandatory fee for non-members legal in the Philippines?

a) Yes, all teachers benefiting from the CBA must contribute to the union’s legal efforts.
b) Yes, the union can impose a mandatory fee on non-members as long as it’s approved by the government.
c) No, the Philippines prohibits mandatory fees from non-members for collective bargaining activities.
d) The legality depends on the specific details and purpose of the “solidarity fee.”

Answer 32

Answer: (c) No, the Philippines prohibits mandatory fees from non-members for collective bargaining activities.

Legal Reasoning:

• The excerpt on check-off fees clarifies that the individual authorization requirement (for check-off) doesn’t apply to non-members of the recognized bargaining agent. This suggests no mandatory fees can be imposed on non-members.
• The “solidarity fee” seems to be an attempt to collect funds from non-members to support the union’s legal efforts, which is not allowed under Philippine labor law.

Question 33

VIII. LABOR RELATIONS
A. Right to Self-Organization

4. Registration of Unions,
   Chartering,
   Cancellation of Registration
   – Labor Code, arts. 240, 241, 245 and 247

CHARTERING UNION - EXPLAIN

Answer 33

Local Union Chapters in the Philippines: A Simplified Guide

National Unions Can Create Local Chapters (the Easy Part):

• A registered national union can directly establish a local chapter by issuing a charter certificate.
• This grants the local chapter the right to file for a certification election (where workers choose their bargaining representative).

Full Legal Status Requires More (Do Your Homework):

• To gain all the rights and privileges of a legitimate union, the local chapter must submit additional documents:
  
  • Names & Addresses of Chapter Officers & Location of Main Office
  • Local Chapter’s Constitution & By-Laws (or confirm they match the national union’s)
• These documents need to be certified by the chapter secretary/treasurer and confirmed by the president.

Remember:

• The charter certificate allows filing for a certification election, but full legal status requires additional steps.

Question 34

VIII. LABOR RELATIONS
A. Right to Self-Organization

4. Registration of Unions,
   Chartering,
   Cancellation of Registration
   – Labor Code, arts. 240, 241, 245 and 247

CANCELLING UNION - EXPLAIN

Answer 34

Cancellation of Union Registration in the Philippines: Bar Exam Essentials

Losing Your Union’s Registration: Grounds and Safeguards

This is a crucial concept for remembering the cancellation process for labor unions in the Philippines:

1) Cancellation Authority:
Only the Department of Labor and Employment (DOLE) Bureau can revoke a union’s registration after a proper hearing.
2) Grounds for Cancellation:
These are limited to the reasons outlined in Article 239 (see below).

A) Cancellation Won’t Stop These Actions:
* Certification Election Proceedings: A petition to cancel a union’s registration won’t halt ongoing certification election proceedings (where workers choose their bargaining representative).
* Filing New Petitions: Even if facing cancellation, a union can still file a new petition for a certification election.

B) Post-Cancellation Options:
* Legal Remedies: A union can still pursue legal action in appropriate courts if their registration is revoked.

C) Cancellation Grounds to Remember (Article 239):
1. Fraudulent Documents (a):
Submitting false documents or manipulating information related to the union’s constitution, by-laws, or election processes can lead to cancellation.
Example:
A union might fabricate meeting minutes to show a higher membership approval for a controversial amendment to their by-laws.
2. Deception in Elections (b):
Lying about qualifications, tampering with votes, or other deceitful actions during officer elections can be grounds for cancellation.
Example:
A union leader might falsify voter lists to ensure their re-election.
3. Voluntary Dissolution (c):
If union members vote to officially dissolve the organization, their registration will be cancelled.
Example:
A union might decide to disband due to internal conflicts or a significant decline in membership.

• Remember:
• These are just a few key points. For a comprehensive understanding, consult the full text of the Labor Code.
• Understanding these cancellation grounds can help unions maintain proper recordkeeping and ethical practices to avoid legal troubles.

Question 35

An employee works in the marketing department of a company. They have access to customer data and marketing strategies, but no access to employee records, salary information, or labor relations plans. Can this employee be classified as a confidential employee excluded from joining a union under the Doctrine of Necessary Implication?

• A. Yes, because all employees who work in a department with confidential information are excluded.
• B. Yes, because the potential for any confidential information access creates a conflict.
• C. No, because their access does not involve labor relations matters as outlined in the doctrine.
• D. No, because the company’s marketing strategies are not considered confidential under labor law.

Answer 35

Answer: C. No, because their access does not involve labor relations matters as outlined in the doctrine.

Legal Reasoning:

The Doctrine of Necessary Implication excludes confidential employees specifically due to potential conflicts with labor relations information. While the employee has access to confidential data, it pertains to marketing, not labor relations. Therefore, the rationale for exclusion under the doctrine wouldn’t apply in this case.

Question 36

A company argues that all employees who manage even a small team (team lead) should be excluded from joining a union due to their supervisory role. Is this argument valid under the Doctrine of Necessary Implication and Philippine labor law?

• A. Yes, because any supervisory role inherently involves access to confidential information.
• B. Yes, because team leads are considered managerial employees already excluded from joining unions.
• C. No, because the doctrine only applies to highly confidential roles, not typical team leads.
• D. No, because team leads are classified as rank-and-file employees with the right to self-organization.

Answer 36

Answer: C. No, because the doctrine only applies to highly confidential roles, not typical team leads.

Legal Reasoning:

The Doctrine of Necessary Implication excludes CONFIDENTIAL EMPLOYEES, not all supervisory roles. Team leads typically wouldn’t have access to the level of confidential labor relations information that the doctrine targets. Philippine labor law recognizes a distinction between managerial employees (excluded from unions) and rank-and-file employees (with the right to self-organization). Team leads typically fall under the latter category.

Question 37

Mega Delivery, a logistics company, recently signed a Collective Bargaining Agreement (CBA) with its company-wide union. The CBA includes a union shop clause requiring all employees to join the union within 30 days of their employment start date. Mark, a new delivery driver for Mega Delivery, is a strong believer in worker rights but philosophically opposed to joining any union. He argues that the mandatory union shop clause violates his right to freedom of association.

Question 1:

Mark claims the union shop clause in the CBA is unconstitutional. Is he likely to succeed in his argument?

• A. Yes, because the mandatory union shop clause forces him to join an organization he disagrees with.
• B. No, because the Labor Code allows union shop clauses in CBAs, and the Supreme Court has upheld their validity.
• C. It depends on whether the union shop clause applies only to positions directly involved in collective bargaining.
• D. It depends on whether Mega Delivery offers alternative ways for Mark to support the union without joining.

Answer 37

Answer: B. No, because the Labor Code allows union shop clauses in CBAs, and the Supreme Court has upheld their validity.

Legal Reasoning:

While Mark has a right to freedom of association, the Philippine Labor Code (Article 259[e]) explicitly allows union shop clauses in CBAs. Supreme Court rulings have also upheld the validity of these clauses for promoting stable labor relations.

Mark’s objection is unlikely to overturn this established legal framework.

Question 38

Question 2:

Suppose Mark refuses to join the union within 30 days and Mega Delivery fires him based on the union shop clause. Can Mark successfully challenge his termination?

• A. Yes, because the union shop clause is inherently unfair and restricts his right to work.
• B. No, because the CBA provision is a valid contract, and dismissal for non-compliance is likely considered justified.
• C. It depends on whether Mark was properly informed about the union shop clause before his employment began.
• D. It depends on whether the union has a legitimate reason for requiring membership from all employees.

Answer 38

Answer: B. No, because the CBA provision is a valid contract, and dismissal for non-compliance is likely considered justified.

Legal Reasoning:

Assuming the union shop clause is valid and clearly communicated to Mark during his hiring process, his refusal to join the union would be a violation of the CBA. The Supreme Court has recognized the enforceability of union shop clauses, and termination for non-compliance could be considered justified under labor jurisprudence. Mark’s challenge would likely be unsuccessful unless there were procedural irregularities in enforcing the clause.

Question 39

Scenario: The National Teachers’ Union (NTU) represents public school teachers across the country. Their existing CBA with the Department of Education (DepEd) expires on December 31, 2024. The NTU is concerned about teacher workload and is considering proposing a reduction in class sizes during the upcoming negotiations.

Question 1:

On November 15, 2024 (within the freedom period), the NTU serves notice to DepEd that they intend to amend the CBA. However, DepEd claims the notice is invalid because it was served before the official start of the freedom period (November 1, 2024). Is DepEd’s argument valid?

• A. Yes, because the freedom period starts exactly 60 days before the CBA expiration. Any notice served before that is premature.
• B. No, the NTU’s notice is valid as long as it’s served within the 60-day window before the CBA expires. The specific date within that window is irrelevant.

Answer 39

Answer: B. No, the NTU’s notice is valid as long as it’s served within the 60-day window before the CBA expires.

Legal Reasoning:

The freedom period is a 60-day window before the CBA expiration. The key concept is serving the notice within this window. The specific date within the 60 days doesn’t invalidate the notice as long as it precedes the expiration. The NTU’s notice served on November 15th falls within the legal timeframe.

Question 40

Question 2:

Suppose by December 10, 2024 (within the freedom period), neither the NTU nor DepEd serves a notice to amend or terminate the CBA. What happens to the existing agreement?

• A. The CBA automatically terminates on December 31, 2024, and the teachers will be working without a contract.
• B. The existing CBA is automatically renewed for another period, typically the same duration as the original agreement.
• C. Negotiations for a new CBA must still take place despite the lack of notice from either party.
• D. The freedom period is extended for an additional 30 days to allow for last-minute notices.

Answer 40

Answer: B. The existing CBA is automatically renewed for another period, typically the same duration as the original agreement.

Legal Reasoning:

If no notice is served by either party during the freedom period, the existing CBA is automatically renewed. The renewal period is typically the same duration as the original agreement (although specific details might vary depending on the original CBA). In this scenario, the absence of a notice to amend or terminate results in an automatic renewal.

Question 41

A labor union in a major telecommunications company has filed a notice of strike due to a deadlock in collective bargaining negotiations. The Secretary of Labor believes that a strike in this industry could severely disrupt essential communication services nationwide. Which of the following actions can the Secretary take under Article 278(g)?

a) Issue an order prohibiting the strike but allow the bargaining deadlock to continue
b) Assume jurisdiction over the dispute, prohibit the strike, and directly decide on the dispute themselves
c) Assume jurisdiction over the dispute, prohibit the strike, and certify the dispute for compulsory arbitration before the NLRC
d) Any of the above

Answer 41

Answer: d) Any of the above

Legal Reasoning: Article 278(g) gives the Secretary broad discretion to assume jurisdiction over a labor dispute if, in their opinion, it exists in an industry indispensable to the national interest (or performing essential services) and is likely to cause a strike or lockout. Once jurisdiction is assumed, the Secretary can either decide the dispute themselves or certify it for compulsory arbitration before the NLRC. In this case, the telecommunications industry can be considered an essential service, so the Secretary has the authority to take any of the mentioned actions to prevent the disruption caused by a strike.

Question 42

2. A major shipping company is facing a lockout threat from management due to a dispute over proposed changes to employee benefits. The union has petitioned the Secretary of Labor to assume jurisdiction, arguing that a lockout would severely disrupt international trade and logistics. However, the Secretary believes that the dispute does not involve an essential service. What is the likely outcome?

a) The Secretary must assume jurisdiction since a party has petitioned for it
b) The Secretary can assume jurisdiction but is not obligated to do so
c) The Secretary cannot assume jurisdiction as the industry is not considered essential
d) The Secretary must first refer the matter to the NLRC before deciding on assumption

Answer 42

Answer: b) The Secretary can assume jurisdiction but is not obligated to do so

Legal Reasoning: While DOLE Department Order No. 40-H-13 allows the Secretary to assume jurisdiction upon petition from either party, the key requirement under Article 278(g) is that the dispute must involve an industry considered indispensable to the national interest or performing essential services. If the Secretary believes that the shipping industry does not meet this criteria, they have the discretion to deny the petition for assumption of jurisdiction, even if a party has requested it.

Question 43

3. In a labor dispute involving a major hospital, the Secretary of Labor has assumed jurisdiction and ordered the resumption of operations. The union has agreed to voluntary arbitration, but the hospital management is refusing to participate. What is the likely consequence?

a) The Secretary must dismiss the assumption of jurisdiction since voluntary arbitration was not agreed upon
b) The Secretary can proceed with compulsory arbitration before the NLRC
c) The Secretary must issue a return-to-work order and allow the strike to proceed
d) The Secretary must refer the matter back to the parties for further negotiation

Answer 43

Answer: b) The Secretary can proceed with compulsory arbitration before the NLRC

Legal Reasoning: According to DOLE Department Order No. 40-H-13, if the parties fail to agree on voluntary arbitration within a reasonable timeframe after the assumption of jurisdiction, the Secretary can proceed with compulsory arbitration before the NLRC. In this case, since the hospital management is refusing to participate in voluntary arbitration, the Secretary has the authority to refer the dispute directly to the NLRC for compulsory arbitration, which will result in a binding decision.

Question 44

1. A labor union in a manufacturing company includes both rank-and-file workers and team leaders who have the authority to recommend disciplinary actions. The company challenges the union’s registration. Which of the following is the most likely outcome?

A) The union’s registration will be upheld as valid.
B) The union will be required to exclude the team leaders.
C) The team leaders will be allowed to remain if they give up disciplinary authority.
D) The union will be dissolved entirely.

Answer 44

Answer: B) The union will be required to exclude the team leaders.

Legal reasoning: Under Article 245-A of the Labor Code of the Philippines, supervisory employees are not eligible for membership in a labor organization of rank-and-file employees. Team leaders with authority to recommend disciplinary actions are considered supervisory employees. Therefore, their inclusion in the same union as rank-and-file workers violates the prohibition against co-mingling, and they must be excluded to maintain the union’s validity.

Question 45

2. A university’s faculty association includes both regular professors and part-time lecturers. The university administration argues that this violates the principle against co-mingling. Which of the following is the most accurate legal assessment?

A) The association is valid as both groups are teaching staff.
B) The association is invalid due to different employment statuses.
C) The association’s validity depends on the specific job descriptions and authority of each group.
D) Part-time lecturers cannot be part of any labor organization.

Answer 45

Answer: C) The association’s validity depends on the specific job descriptions and authority of each group.

Legal reasoning: The key factor in determining whether co-mingling exists is not the employment status (full-time vs. part-time) but the NATURE of the employees’ duties and authority.

If both regular professors and part-time lecturers perform similar teaching functions without supervisory authority over each other, they may be allowed in the same bargaining unit. However, if one group has SUPERVISORY FUNCTIONS over the other, they would need to be in SEPARATE unions.

Question 46

3. An IT company’s employees form a union that includes software developers, project managers, and HR assistants. During certification election proceedings, which of the following is the most likely outcome?

A) The election will proceed as planned with all members voting.
B) Only software developers will be allowed to vote.
C) The election will be suspended pending reorganization of the union.
D) Project managers and HR assistants will vote in a separate election.

These questions highlight the complexities of forming proper bargaining units in the Philippines, emphasizing the importance of understanding job classifications, supervisory roles, and the legal prohibitions against co-mingling in labor organizations.

Answer 46

Answer: C) The election will be suspended pending reorganization of the union.

Legal reasoning:
This situation presents a clear case of improper co-mingling.

Project managers likely have Supervisory roles over software developers, while HR assistants may be involved in employee-related decisions.
Under Philippine labor law, these Different categories of employees Cannot be in the SAME bargaining unit. The certification election would likely be suspended, and the union would be required to reorganize, separating supervisory and rank-and-file employees into distinct bargaining units before proceeding with separate certification elections.

Question 47

DISCUSS criminal liability related to Unfair Labor Practices (ULPs) that affect the right to self-organization of workers in the Philippines,

it’s essential to consider the legal basis and reasoning derived from applicable laws and jurisprudence

Conclusion

Criminal liability for ULPs related to the right to self-organization is anchored in specific provisions of the Revised Penal Code, the Labor Code of the Philippines, and relevant jurisprudence. These legal instruments ensure that workers are protected from unlawful acts that hinder their exercise of fundamental labor rights. Prosecution for such offenses not only seeks to uphold justice but also reinforces the principles of fair labor practices and the right to organize, crucial elements in safeguarding workers’ welfare and promoting harmonious industrial relations.

Answer 47

Legal Basis and Reasoning

1. Revised Penal Code (RPC):
   The RPC provides the general framework for criminal liability in the Philippines. Pertinent provisions that may apply to ULPs affecting the right to self-organization include:
   
   • Coercion (Article 286): This provision penalizes anyone who, by force or threats, compels another to do something against their will, which can be invoked if employers coerce employees against organizing or joining a union.
   • Intimidation (Article 287): Criminalizes acts that cause or tend to cause unjust vexation or fear in another person, potentially applicable when employers intimidate employees to deter union activities.
   • Other relevant provisions: Depending on the nature of the ULP, other articles of the RPC, such as those on threats (Article 282) or violations of civil rights (e.g., illegal detention under Article 267), could also be considered.
2. Special Laws:
   There are specific laws addressing labor relations and ULPs that could impose criminal liability:
   
   • Labor Code of the Philippines: This includes provisions on unfair labor practices (Articles 248 to 263) that protect the right to self-organization. For instance, Article 248 prohibits interference, restraint, or coercion against workers in the exercise of their right to self-organization.
   • Other labor-related laws: Depending on the nature of the offense, laws such as the Wage Rationalization Act, Occupational Safety and Health Standards Act, or other specialized statutes protecting workers’ rights could be invoked.
3. Jurisprudence:
   Decisions from the Supreme Court and lower courts provide interpretations and applications of these laws in actual cases. They establish precedents on what constitutes criminal liability for ULPs, ensuring consistency and clarity in legal application.

Application and Examples

• Example of Coercion: An employer threatens to terminate employees who participate in union activities or coerce them to withdraw from a union through intimidation tactics. This could constitute coercion under Article 286 of the RPC and Article 248 of the Labor Code.
• Example of Intimidation: Management spreads false rumors of impending closure or downsizing as a reprisal for union membership, aiming to intimidate employees into abandoning union support. This may be considered intimidation under Article 287 of the RPC and Article 248 of the Labor Code.