Labor Relations Reviewer

ELAH V.

Definitions:

Duty to bargain collectively

the duty to bargain collectively means the performance of a mutual obligation to meet and convene
promptly and expeditiously in good faith for the purpose of negotiating an agreement with respect
to wages, hours of work and all other terms and conditions of employment including proposals for
adjusting any grievance or questions arising under such agreement and executing a contract
incorporating such agreements if requested by either party but such duty does not compel any
party to agree to a proposal or to make any concession. (ART. 252)

Deadlock Bar Rule

The Deadlock Bar Rule simply provides that a petition for certification election can only be
entertained if there is no pending bargaining deadlock submitted to conciliation or arbitration or
had become the subject of a valid notice of strike or lockout. The principal purpose is to ensure
stability in the relationship of the workers and the management.

Contract Bar Rule

The contract bar doctrine provides that once a contract is executed, the National Labor Relations
Board (NLRB) generally does not permit a representation election in the unit covered by the
contract until the contract expires up to a 3 year limit. This rule applies to a petition by another
union to represent the employees, a petition filed by the employees to decertify, or a petition filed
by the employer. The contract bar doctrine is followed in determining whether or not an existing
collective-bargaining contract will bar an election.

-refers to the existence of CBA. Whre there is an existing CBA which has been duly registered, a
petition for CE may be filed, as already explained, only within the “freedom”period” which is the
last 60 days of the fifth year of the CBA.

Certification Election
Certification election is a process of determining through secret ballot the sole and exclusive
bargaining agent (SEBA) of all the employees in an appropriate bargaining unit for the purpose of
collective bargaining.

Consent Election
"Consent Election" means the election voluntarily agreed upon by the parties to determine the
issue of majority representation of all the workers in the appropriate collective bargaining unit.

Run-off Election
"Run-Off" refers to an election between the labor unions receiving the two (2) higher number of
voters when a certification election which provides for three (3) or more choices results in no choice
receiving a majority of the valid votes cast, where the total number of votes for all contending
unions is at least fifty percent (50%) of the number of votes cast.

Substitutionary Doctrine
Substitutionary doctrine refers to a principle in labor law which states that even during the
existence of a collective bargaining agreement executed between the employer and the employees
through their agent, the employees can change the said agent but the contract continues to bind
them up into its expiration date. According to the doctrine, the employees cannot revoke the validly
executed collective bargaining contract with their employer by the simple expedient of changing
their bargaining agent. In the event, the new agent must respect the earlier contract.

Labor Organization
means any union or association of employees in the private sector which exists in whole or in part
for the purpose of collective bargaining or for dealingwith employers concerning terms and
conditions of employment.

Yellow Dog Contract

 A promise exacted from workers or prospective employees that they will not belong to, or form, a
union during their employment. Unless the promise is given, the worker will not be hired, or if
already hired will lose his job. ULP

Union-busting
To interfere with, restrain or coerce employees in the exercise of their right to self-organization. ULP

Run-away shop
An industrial plant moved by its owners frgom one location to another to escape union labor
regulations, or state laws, but the term is also used to describe a plant removed to anew location in
order to discriminate against employees at the old plant because of their union activities.

Union Shop
Requires of union shop are: 1) the labor union must be the employee’s bargaining representative,
pursuant to the manner of designation or selection 2) the union shop arrangement must be entered
into by mutual agreement; and 3) the conditions of the union shop arrangement must be expressed
unequivocally in the labor contract.

Featherbedding
Is the name given to employee practices which create or spread employment by unnecessarily
maintaining or increasing the number of employees used, or the amount of time consumed, to work
on a particular job.

Bargaining in good faith

A fair criterion of good faith in collective bargaining requires that the parties involved deal with
each other with open and fair mind and sincerely endeavor to overcome obstacles or difficulties
existing between them to the end that employment relations may be established and obstruction to
the free flow of commerce prevented.

Boulwarism
making a proposal which is not subject to bargaining. In effect there was to be no bargaining and
the union was rendered ineffective or irrelevant. The company dealt with the union through the
employees rather than with the employees through the union.

Certification Election
Where a voluntary recognition did not or cannot happen, a union selection through election should
take place.

The electoral procedure to determine the employees’ exclusive bargaining representative.

It serves as the official, reliable and democratic basis for the Bureau to determine and name the
union that shall represent the employees in bargaining with the employer.

Consent Election
Means an election voluntarily agreed upon by the contending unions, with or without the
intervention of the Department, to determine which union carries the majority of the workers in the
appropriate collective bargaining unit.

Where a petition for certification election had been filed, and upon the intercession of the Med-
Arbiter, the parties agreed to hold a consent election, the results shall constitute a bar to the
holding of a certification election for one year from the holding of such consent election.

Bystander Rule
In bystander rule in certification election, the employer is regarded as nothing more than a
bystander with no right to interfere at all in the election, the same being the sole concern of the
workers.

Collective Bargaining Unit (CBU)

- refers to a contract executed upon request of either the employer or the exclusive bargaining
representative of the employees incorporating the agreement reached after negotiations with
 respect to wages, hours of work and all other terms and conditions of employment, including
proposals for adjusting any grievances or questions under such agreement.

Jurisdictional preconditions of collective bargaining, namely: 1) possession of majority

representation; (2) proof of majority representation; and (3) demand to bargain.

Bargaining impasse
- exists when good faith bargaining on the part of the parties has failed to resolve the issue and there
are no definite plans for further efforts to break deadlock.
Surface Bargaining
- defined as “going through the motions of negotiating without any legal intent to reach agreement.
- Repeated shifts in position and attitude on the part of an employer whenever a tentative agreement
is reached are evidence of a refusal to bargain collectively in good faith.

Certification year bar (One year bar rule)

No petition for C. E. may be filed within one year from the date of a valid certification, consent, or
run-off election or from the date of entry of a voluntary recognition of the union by the employer.

Hold-over Rule
It is a rule which declares that in the absence of an express or implied constitutional or statutory
provisions prohibiting hold-over, an officer is entitled to hold office until his successor is appointed
and qualified. This rule prevents disruption of public service in the meantime that a successor is not
yet appointed and qualified to assume the functions of the office.
Title Principle

Hawaiian-PhilCo -Absent the jurisdictional requisite of an employer-employee relationship

V between the company and the farm workers, the inevitable conclusion is that
Gulmatico the NLRC is without jurisdiction to hear and decide the case.

Austria It does not matter that the employer here is a religious sect and that it was
V organized not for profit because the LC applies to all establishments whether
NLRC for profit or not.

The case at bench is only one of dismissal of an employee in the exercise by

the employer-church of its management prerogatives and therefore does not
concern any ecclesiastical matter. Terminating one from his employment is
totally different from the ecclesiastical act of expelling a member from the
religious congregation.
Dayag et al The SC held that the question of venue essentially pertains to the trial and
V relates more to the convenience of the parties rather than upon the
Canizares substance and merits of the case.

Reason: The doctrine that the State shall afford full protection to labor.
Pepsi-cola Bottling Co. The claim for said prize unquestionably arose from an ER_EE realtion and,
V therefore, falls within the coverage of Art. 217 (224) of the LC which speaks
Martinez of “all the claims arising frgom EE-ER relations, unless expressly excluded by
this Court.

Rubberworld Preference in favor of workers in case of bankruptcy or liquidation.

V
NLRC Suspension of Proceeding:

- When a corporation, unable to pay its debts and liabilities, petitions

the SEC for a declaration of suspension of payments, the SEC may
appoint a receiver or a management committee tasked with the
rehabilitation of the corporation. Consequent to such appointment,
accdg. To PD no. 902-A. “all actions for claims against such
corporation xxx pending before any court, tribunal, board or body
shall be suspended accordingly.

Hagonoy Water district Local water districts are quasi-public corporations whose employees belong
V to the civil service; hence, the dismissal of those employees shall be
NLRC governed by the civil service law, rules and regulations.

Ang Tibay v CIR The cardinal primary rights for Administrative proceedings:
1. Right to a hearing
2. Tribunal must consider the evidence presented
3. Decision must be supported by something
4. Supporting evidence must be substantial
5. Decision must be rendered on the evidence presented
6. Judges must act on his own independent consideration of the law and
facts
7. Decide in manner that parties can know the various issues involved
and the reason for the decision.
St. Martin Funeral 1. The way to review NLRC decisions is through the special civil action of
Homes v. NLRC certiorari under Rule 65
2. The jurisdiction over such action belongs to both the SC and the CA
3. In line with the doctrine on hierarchy of courts, the petition should be
initially presented to the lower of the two courts, that is, the court of
Appeals.

Progressive A local or chapter therefore becomes a LLO only upon submission of the
Development Corp. v following to the BLR:
DOLE
1. A charter certificate, within 30 days from its issuance by the labor
federation or national union
2. The constitution and by-laws, a statement on the set of officers, and the
books of accounts all of which are certified under oath by the secretary or
treasurer, as the case may be, of such local or chapter, and attested to by its
president.

Absent compliance with these mandatory requirements, the local or chapter

does not become a legitimate labor organization.
Toyota Motor Phil. Article 245 provides:
Corp. v. Toyota Motor Art. 245 Ineligibility of managerial employees to join any labor organization;
Phil. Corp. Labor Union right of supervisory employees. — Managerial Employees are not eligible to
join, assist or form any labor organization. Supervisory employees shall not
be eligible for membership in a labor organization of the rank-and-file
employees but may join, assist or form separate labor organizations of their
own.

Clearly, based on this provision, a labor organization composed of both rank-

and-file and supervisory employees is no labor organization at all. It cannot,
for any guise or purpose, be a legitimate labor organization. Not being one,
an organization which carries a mixture of rank-and-file and supervisory
employees cannot possess any of the rights of a legitimate labor
organization, including the right to file a petition for certification election for
the purpose of collective bargaining. It becomes necessary,
therefore, anterior to the granting of an order allowing a certification
election, to inquire into the composition of any labor organization whenever
the status of the labor organization is challenged on the basis of Article 245
of the Labor Code.

USTFU V. Dir. Bitonio of In a certification election, all employees belonging to the appropriate
BLR bargaining unit can vote. Therefore, a union member who likewise belongs to
the appropriate bargaining unit is entitled to vote in said election. However,
the reverse is not always true; an employee belonging to the appropriate
bargaining unit but who is not a member of the union cannot vote in the
union election, unless otherwise authorized by the constitution and bylaws of
the union. Verily, union affairs and elections cannot be decided in a non-
union activity.

ALEX FERRER vs. In the implementation of the provisions of the CBA, both parties thereto
NATIONAL LABOR should see to it that no right is violated or impaired.
RELATIONS
COMMISSION Parenthetically, the right of a local union to disaffiliate from a federation in
the absence of any provision in the federation's constitution preventing
disaffiliation of a local union is legal.

PHILIPPINE DIAMOND Article 255 of the Labor Code provides: EXCLUSIVE BARGAINING
HOTEL AND RESORT, REPRESENTATION AND WORKERS PARTICIPATION IN POLICY AND DECISION-
INC. (MANILA MAKING: The labor organization designated or selected by the majority of the
DIAMOND HOTEL) employees in an appropriate collective bargaining unit shall be
versus MANILA the exclusive representative of the employees in such unit for the purpose of
DIAMOND HOTEL collective bargaining. However, an individual employee or group of
EMPLOYEES UNION employees shall have the right at any time to present grievances to their
employer.XXXXXX

An ordinary striking worker cannot, thus be dismissed for mere participation

in an illegal strike. There must be proof that he committed illegal acts during
a strike, unlike a union officer who may be dismissed by mere knowingly
participating in an illegal strike and/or committing an illegal act during a
strike.

UNITED PEPSI-COLA To qualify as managerial employee, there must be a clear showing of the
SUPERVISORY UNION exercise of managerial attributes under paragraph (m), Article 212 of the
(UPSU) vs. HON. Labor Code as amended. Designations or titles of positions are not
BIENVENIDO E. controlling. In the instant case, nothing on record will support the claim that
LAGUESMA the quality control manager, yard/transport manager and warehouse
operations manager are vested with said attributes.xxx

Art. 212 which provides:

(m) "managerial employee" is one who is vested with powers or prerogatives
to lay down and execute management policies and/or to hire, transfer,
suspend, lay off, recall, discharge, assign or discipline employees.
Supervisory employees are those who, in the interest of the employer,
effectively recommend such managerial actions if the exercise of such
authority is not merely routinary or clerical in nature but requires the use of
independent judgment. All employees not falling within any of the above
definitions are considered rank-and-file employees for purposes of this Book.

In the case of Art. 245, there is a rational basis for prohibiting managerial
employees from forming or joining labor organizations.
In Bulletin Publishing Co., Inc. v. Hon. Augusto Sanchez, this Court
elaborated on this rationale, thus:
. . . The rationale for this inhibition has been stated to be, because if these
managerial employees would belong to or be affiliated with a Union, the
latter might not be assured of their loyalty to the Union in view of evident
conflict of interests. The Union can also become company-dominated with
the presence of managerial employees in Union membership.
METROLAB Although Article 245 of the Labor Code limits the ineligibility to join, form and
INDUSTRIES, INC. assist any labor organization to managerial employees, jurisprudence has
vs. HONORABLE MA. extended this prohibition to confidential employees or those who by reason
NIEVES ROLDAN- of their positions or nature of work are required to assist or act in a fiduciary
CONFESOR manner to managerial employees and hence, are likewise privy to sensitive
and highly confidential records.

FORTUNATO DA. SEC. 4. Unfair Labor Practices. —

BONDOC (a) It shall be unfair labor practice for an employer:
vs. xxx xxx xxx
COURT OF INDUSTRIAL (4) To discriminate in regard to hire or tenure of employment or any term or
RELATIONS condition of employment to encourage or discourage membership in any
labor organization; ... (As amended by R.A. No. L-3350, approved June 17,
1961).

In dismissing the charge of unfair labor practice, the CIR found that the
alleged discriminatory acts against the petitioner did not arise from union
membership or activity because he was not in fact a union member.
THE INSULAR LIFE Although the union is on strike, the employer is still under obligation to
ASSURANCE CO., LTD., bargain with the union as the employees’ bargaining representative.
EMPLOYEES
ASSOCIATION-NATU Individual solicitation of the employees or visiting their homes, with the
V employer or his representative urging the employees to cease union activity
THE INSULAR LIFE or cease striking, constitutes unfair labor practice. All the above-detailed
ASSURANCE CO., LTD., activities are unfair labor practices because they tend to undermine the
concerted activity of the employees, an activity to which they are entitled
free from the employer’s molestation.

LIBERTY FLOUR MILLS There is no question that these purposes could be thwarted if every
EMPLOYEES, vs. worker were to choose to go his own separate way instead of joining
LIBERTY FLOUR MILLS, his co-employees in planning collective action and presenting a
INC. PHILIPPINE LABOR united front when they sit down to bargain with their employers. It
ALLIANCE COUNCIL is for this reason that the law has sanctioned stipulations for the union shop
(PLAC) and the closed shop as a means of encouraging the workers to join and
support the labor union of their own choice as their representative in the
negotiation of their demands and the protection of their interest vis-a-vis the
employer.

Union shop- Requisites: 1. The labor union must be the employee’s

bargaining rep
1. The union shop arrangement must be entered into by mutual
agreement
2. The conditions of the union shop arrangement must be expressed
unequivocally in the labor contract.

Closed shop- A closed-shop is an agreement whereby an employer binds

himself to hire only members of the contracting union who must continue to
remain members of good standing to keep their jobs. It is strictly construed.
It is not to be given a retroactive effect so as to preclude its being applied to
employees already in the service.
SY CHIE JUNK SHOP v
FOITAF

Mabeza v. NLRC, Peter Having this in mind, loss of confidence should ideally apply only to cases
Ng/Hotel Supreme involving employees occupying positions of trust and confidence or to those
situations where the employee is routinely charged with the care and
custody of the employer's money or property. To the first class belong
managerial employees, i.e., those vested with the powers or prerogatives to
lay down management policies and/or to hire, transfer, suspend, lay-off,
recall, discharge, assign or discipline employees or effectively recommend
such managerial actions; and to the second class belong cashiers, auditors,
property custodians, etc., or those who, in the normal and routine exercise of
their functions, regularly handle significant amounts of money or property.

1. the act of compelling employees to sign an instrument indicating that

the employer observed labor standards provisions of law when he
might have not, together with the act of terminating or coercing those
who refuse to cooperate with the employer's scheme constitutes
unfair labor practice. The first act clearly preempts the right of the
hotel's workers to seek better terms and conditions of employment
through concerted action.
Paragraph (f), Article 248 of the Labor Code states it shall be
unlawful for an employer “to dismiss, discharge, or otherwise
prejudice or discriminate against an employee for having given or
about to give testimony.”
Alexander Reyes,
Alberto M. Nera, While the right of self-organization for the purposes of collective
Edgardo M. Geca, and bargaining is a right guaranteed to all employees or workers, the
138 others v. right not to join, affiliate with, or assist any union and to disaffiliate
Cresenciano B. Trajano from a labor organization is subsumed therein. The right to form or
join a labor organization necessarily includes the right to refuse or
refrain from exercising said right. It is self-evident that just as no
one should be denied the exercise of a right granted by law, so also,
no one should be compelled to exercise such a conferred right. The
fact that a person has opted to acquire membership in a labor union
does not preclude his subsequently opting to renounce such
membership.

The purpose of a certification election is precisely the ascertainment of the

wishes of the majority of the employees in the appropriate bargaining unit:
to be or not to be represented by a labor organization, and in the affirmative
case, by which particular labor organization. If the results of the election
should disclose that the majority of the workers do not wish to be
represented by any union, then their wishes must be respected, and no
union may properly be certified as the exclusive representative of the
workers in the bargaining unit in dealing with the employer regarding wages,
hours and other terms and conditions of employment.

As repeatedly stated, the right of self-organization embraces not

only the right to form, join or assist labor organizations, but the
concomitant, converse right NOT to form, join or assist any labor
union.

Neither law, administrative rule nor jurisprudence requires that only

employees affiliated with any labor organization may take part in a
certification election. On the contrary, the plainly discernible intendment of
the law is to grant the right to vote to all bona fide employees in the
bargaining unit, whether they are members of a labor organization or not.

Victorias Milling Co., v. Another reason for enforcing the closed-shop is the principle of sanctity or
Victorias-Manapla inviolability of contracts guaranteed by the Constitution. As a matter of
Organization-PAFLU principle the provision of the Industrial Peace Act granting freedom to
employees to organize themselves and select representative for entering
into a bargaining agreement should be subordinated to the constitutional
provision protecting the sanctity of contracts. We cannot conceive how
freedom to contract, which should be allowed to exercise without limitation,
may be subordinated to freedom of laborers to choose the organization they
desire to represent them. And even if the legislature had intended to do so
and made such freedom of the laborer paramount to the sanctity of
obligation of contracts, such attempt to override the constitutional provision
would necessarily and ipso facto be null and void.

The dismissal of the employees by the respondent Victorias Milling Company,

Inc. was in pursuance of a clause of a agreement between said company and
the Free Farmers Union, which agreement became automatically renewed
upon its expiration on December 31, 1959, and before a new bargaining
agreement could be arrived at, the action of the respondent company in
enforcing the terms of the closed-shop agreement is a valid exercise for its
rights and obligations under the contract. The dismissal by virtue of thereof
cannot constitute an unfair labor practice, as it was in pursuance of an
agreement that has been found to be regular and of a closed-shop
agreement which under our laws is valid and binding.
KIOK LOY vs. Article 249, par. (g) of the Labor Code makes it an unfair labor practice for an
NATIONAL LABOR employer to refuse "to meet and convene promptly and expeditiously in
RELATIONS good faith for the purpose of negotiating an agreement with respect to
COMMISSION (NLRC) wages, hours of work, and all other terms and conditions of employment
including proposals for adjusting any grievance or question arising under
such an agreement and executing a contract incorporating such agreement,
if requested by either party.

The mechanics of collective bargaining is set in motion only when the

following jurisdictional preconditions are present, namely:

(1) possession of the status of majority representation of the employees'

representative in accordance with any of the means of selection or
designation provided for by the Labor Code;

(2) proof of majority representation; and

(3) a demand to bargain under Article 251, par. (a) of the New Labor
Code . ... all of which preconditions are undisputedly present in the instant
case.

A Company's refusal to make counter proposal if considered in relation to the

entire bargaining process, may indicate bad faith and this is especially true
where the Union's request for a counter proposal is left unanswered.
GENERAL MILLING The law mandates that the representation provision of a CBA should
CORPORATION vs. CA last for five years. The relation between labor and management should
be undisturbed until the last 60 days of the fifth year.

ART. 253-A. Terms of a collective bargaining agreement. – Any

Collective Bargaining Agreement that the parties may enter into
shall, insofar as the representation aspect is concerned, be for a term
of five (5) years. No petition questioning the majority status of the
incumbent bargaining agent shall be entertained and no certification election
shall be conducted by the Department of Labor and Employment outside of
the sixty-day period immediately before the date of expiry of such five year
term of the Collective Bargaining Agreement. All other provisions of the
Collective Bargaining Agreement shall be renegotiated not later than three
(3) years after its execution….

ART. 250. Procedure in collective bargaining. – The following

procedures shall be observed in collective bargaining:
(a) When a party desires to negotiate an agreement, it shall serve a written
notice upon the other party with a statement of its proposals. The other
party shall make a reply thereto not later than ten (10) calendar
days from receipt of such notice.

Indophil Textile Mill in the case of Diatagon Labor Federation Local 110 of the ULGWP
Workers Union-PTGWO v. Ople (supra) that it is grave abuse of discretion to treat two companies as
vs. Voluntary a single bargaining unit when these companies are indubitably distinct
Arbitrator Teodorico P. entities with separate juridical personalities.
Calica and Indophil
Textile Mills, Inc.,
ALU V FERRER-CALLEJA The petition for CE doThe petition for CE does not bar the employer and the
incumbent union from renegotiating and renewing the expiring CBA. In other
words, a CBA may be renegotiated before, during, or after the 60-day
freedom period.But if during such period a PCE is filed, the Med-Arbiter can
order the suspension of the renegotiation until the representation
proceedings finally end.

A CBA which was prematurely renewed is not a bar to the holding of a

certification election.

The Court has long since declared that:

... Basic to the contract bar rule is the proposition that the delay of the right
to select representatives can be justified only where stability is deemed
paramount. Excepted from the contract which do not foster industrial
stability, such as contracts where the identity of the representative is in
doubt. Any stability derived from such contracts must be subordinated to the
employees' freedom of choice because it does not establish the type of
industrial peace contemplated by the law.

CAPITOL MEDICAL Section 3, Rule V, Book V Of the Rules Implementing the Labor Code where a
CENTER OF certification election should be conducted, viz: (1) that one year had lapsed
CONCERNED since the issuance of a final certification result; and (2) that there is no
EMPLOYEES-UNIFIED bargaining deadlock to which the incumbent or certified bargaining agent is
FILIPINO SERVICE a party has been submitted to conciliation or arbitration, or had become the
WORKERS, (CMC-ACE- subject of a valid notice of strike or lockout, are present in this case.
UFSW),
vs. There is deadlock when there is a complete blocking or stoppage resulting
HON. BIENVENIDO E. from the action of equal and opposed forcesxxx. The word is synonymous
LAGUESMA, with the word impasse, whichxxx ‘presupposes reasonable effort at good
faith bargaining which, despite noble intentions, does not conclude in
agreement between the parties.’

If the law proscribes the conduct of a CE when there is a bargaining

deadlocks submitted to conciliation or arbitration, with more reason should it
not be conducted if, despite attempts to bring an employer to the
negotiation table by the certified bargaining agent, there was “ no
reasonable effort in good faith” on the part of the employer to bargain
collectively. It is only just and equitable that the circumstances in this case
should be considered as similar in nature to “ bargaining deadlock” when no
certification election could be held.

BENGUET SUBSTITUTIONARY DOCTRINE:

CONSOLIDATED, INC.
vs. BCI EMPLOYEES & - the principle of substitution in collective bargaining means that where
WORKERS UNION- there occurs a shift in employee’s union allegiance after the execution
PAFLU of a CBA with their employer, the employees can change their agent
labor union, but the CBA which is still subsisting continues to bind the
employees up to its expiration. In other words, under the
substitutionary doctrine, the employees cannot revoke the validly
executed CBA with their employees by the simple expedient of
changing their bargaining agreement agent. The employees may
bargain however for the shortening of said expiration date. The
principle applies to a situation when there occurs a shift in
employees’ union allegiance after the execution of a collective
bargaining contract.
HOLY CROSS OF DAVAO Since the CBA is considered the law between the parties, containing as it
COLLEGE, does the agreed terms of employment of the employee with his employer,
INC., petitioner, vs. unilaterally imposed orders or rules qualifying the terms contained in the
HOLY CROSS OF DAVAO agreement are subordinate to the CBA. At most, such rules, such as the rules
FACULTY UNION - on trips abroad formulated by petitioner a few months before Legaspi’s
KAMAPI application, are merely suppletory and can neither contradict nor undermine
the terms found in the CBA.