Labor Relations Final Exam Poquiz Book, Vol.

2
Right to self-organization (p189-191)

TITLE V
ARTICLE 253. [243] Coverage and Employees' Right to Self-Organization. — All persons
employed in commercial, industrial and agricultural enterprises and in religious,
charitable, medical, or educational institutions, whether operating for profit or not,
shall have the right to self-organization and to form, join, or assist labor organizations
of their own choosing for purposes of collective bargaining. Ambulant, intermittent
and itinerant workers, self-employed people, rural workers and those without any
definite employers may form labor organizations for their mutual aid and protection.

Constitutional provisions that protects the rights to self- organization (p189-191)

Unfair Labor Practice - An act of an employer or the union or their agents, which violates the
constitutional right of workers to self -organization, which includes the following:
1.Right to form a union
2.Right to take part in its formation
3.Right to join or assist a union of their own choosing for purposes of collective bargaining and
negotiations
4.Right to engage in concerted activities for mutual help and protection

The civil aspect of all cases involving unfair labor practices shall be under the jurisdiction of the Labor
Arbiters.

A criminal case of a unfair labor practice cannot be instituted until and unless the Labor Arbiter has
decided on the administrative and civil aspects of an unfair labor practice.

Employees eligible to unionize for purposes of CBA (p189-193)

TITLE V
ARTICLE 255. [245] Ineligibility of Managerial Employees to Join Any Labor Organization; 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 the collective bargaining
unit of the rank-and-file employees but may join, assist or form separate collective bargaining units
and/or legitimate labor organizations of their own. The rank and file union and the supervisors' union
operating within the same establishment may join the same federation or national union. EEs

ELIGIBLE TO JOIN A LABOR ORGANIZATION FOR PURPOSES OF CB

The entities covered are all persons employed in:
1. Commercial industrial, and agricultural enterprises; and
2 In religious, charitable, medical or educational institutions whether operating for profit or not.
(Art. 243)
4. Employees eligible to join union (workers organization) for mutual aid and protection
dole department order no. 40-03 series of 2003
All other workers, including ambulant, intermittent and other workers, the self-employed, rural workers
and those without any definite employers may form labor organizations for their mutual aid and
protection and other legitimate purposes except collective bargaining.”

ELIGIBLE TO JOIN A LABOR ORGANIZATION FOR MUTUAL AID AND PROTECTION

The following enjoy the right to self ‐organization for mutual aid and protection:
1. Ambulant workers
2. Intermittent workers
3. Itinerant workers
4. Self‐employed people
5. Rural workers
6. Those without and definite Er’s

5. Employees disqualified to join and assist union (p205-207)

The Labor Code prohibits managerial employees and confidential employees to join, form, or assist
labor organizations. The rationale of this prohibition is that the nature of their work requires them to
be privy to sensitive and confidential records.
Further, the Omnibus Rules Impementing the Labor Code provides
“except managerial employees, shall have the right to self-organization and to form, join or assist
labor organizations for purposes of collective bargaining.”
For the purpose of this Section, any employee, whether employed for a definite period or not, shall,
beginning on the first day of his service, be eligible for membership in the union.” (Section 1, Rule
II, Book V, Omnibus Rules Implementing the
Jurisprudence says: “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.” (United
Pepsi-Cola Supervisory Union v. Hon. Bienvenido Laguesma, G.R. No. 122226, March 25, 1998)

a. In the private sector.

1. Managerial employees; and

2. Confidential employees
. b. In the public sector. The following are not eligible to form employees‟ organizations:

1. High-level employees whose functions are normally considered as policy-making or managerial or

whose duties are of a highly confidential nature;

2. Members of the Armed Forces of the Philippines;

3. Police officers;

4. Policemen;

5. Firemen; and

6. Jail guards.

6. Confidential employees (p202)

The confidential employee rule provides that confidential employees are prohibited from exercising
the right to self-organization. Otherwise stated, managerial employees and confidential employees
are not eligible to join, form, or assist a labor organization.
Moreover, the Supreme ourt ruled in the same case of Association of Trade Unions-Republic Planters
Bank Supervisors Chapter v. Hon. Ruben Torres that:
confidential employees could unionize in order to bargain for advantages for themselves, then they
could be governed by their own motives rather than the interest of the employers.
The Union can also become company-dominated with the presence of managerial employees in
Union membership.” Stated differently, in the collective bargaining process, managerial employees
are supposed to be on the side of the employer, to act as its representatives, and to see to it that its
interests are well protected. The employer is not assured of such protection if these employees
themselves are union members. Collective bargaining in such a situation can become one-sided.

The Supreme Court added:

“It is the same reason that impelled this Court to consider the position of confidential employees as
included in the disqualification found in Art. 245 (now Article 255) as if the disqualification of
confidential employees were written in the provision.
If confidential employees could unionize in order to bargain for advantages for themselves, then they
could be governed by their own motives rather than the interest of the employers.
Moreover, unionization of confidential employees for the purpose of collective bargaining would
mean the extension of the law to persons or individuals who are supposed to act “in the interest of”
the employers. It is not farfetched that in the course of collective bargaining, they might jeopardize
that interest which they are duty-bound to protect.” (National Association of Trade Unions-Republic
Planters Bank Supervisors Chapter v. Hon. Ruben
nder the “confidential employee rule”, confidential employees are not allowed to join any union (as
they are treated like managers) when they: (1) assist or act in a confidential capacity, (2) to persons
who formulate, determine, and effectuate management policies specifically in the field of labor
relations. Otherwise, if these two conditions do not concur, they can join a union. Simply put, if the
confidential information to which an employee has access has nothing to do with labor relations, such
employee cannot be considered a confidential employee under this rule.

7. Test to determine the constituency of CBA (Appropriate bargaining unit, p269)

Based on jurisprudence, there are certain tests which may be used in determining the appropriate
collective bargaining unit, to wit:

(1) Community or mutuality of interest doctrine;

(2) Globe doctrine;

(3) Collective bargaining history doctrine; and

(4) Employment status doctrine.

8. Mutuality of interest doctrine

Under the substantial mutual interests rule, the employees sought to be represented by the collective
bargaining agent must have substantial mutual interests in terms of employment and working
conditions as evinced by the type of work they perform. It is characterized by similarity of
employment status, same duties and responsibilities and substantially similar compensation and
working conditions. (San Miguel Corporation Employees Union-PTGWO vs. Confesor, G. R. No. 111262,
Sept. 19, 1996, 262 SCRA 81, 98)

9. One company one union policy (p271)

Otherwise stated, the one company-one union policy must yield to the right of the
employees to form unions or associations for purposes not contrary to law, to self-
organization and to enter into collective bargaining negotiations, among others, which
the Constitution guarantees.

10. Methods in determining the bargaining representative/agent (p277)

Under the provisions of the Labor Code, Sole and Exclusive Bargaing Agent
may be determined through any of the following modes:

1. Request for SEBA certification;

2. Certification election;
3. Consent election;
4. Run-off election;
5. Re-run election.
6. Consent election

11. Nature and purpose of certification election (p280,296)

PURPOSE and nature OF A CERTIFICATION ELECTION is a means of determining the worker’s choice of: 1.
Whether they want a union to represent them for collective bargaining or if they want no union to
represent them at all.

2. And if they choose to have a union to represent them, they will choose which among the contending
unions will be the sole and exclusive bargaining representative of the employees in the appropriate
bargaining unit.

12. Grounds for denial for petition of certification election (p286,301)

GROUNDS FOR DENYING THE PCE

1. The petitioning union or federation is not listed in the DOLE’s registry of legitimate labor unions or
that its registration certificate legal personality has been revoked or cancelled with finality

2. Failure of a local chapter or national union/federation to submit a duly issued charter certificate upon
filing of the petition

3. The petition was filed before or after the FREEDOM PERIOD of a duly registered CBA; provided that
the 60‐day period based on the original CBA shall not be affected by any amendment, extension or
renewal of the CBA; (contract bar rule)

4. The petition was filed within 1 year from entry of voluntary recognition or within the same period
from a valid certification, consent or run‐off election and no appeal on the results of the certification,
consent or run‐off election is pending; (12‐month bar; certification year bar rule)

5. A duly certified union has commenced and sustained negotiations with the Er in accordance with Art.
250 of the LC within the 1‐year period. (negotiation bar rule)
 6. There exists a bargaining deadlock which had been submitted to conciliation or arbitration or had
become the subject of a valid notice of strike or lockout to which an incumbent or certified bargaining
agent is a party. (deadlock bar rule)

7. In case of an organized establishment, failure to submit the 25% support req’t for the filing of the PCE.
8. Non‐appearance of the petitioner for 2 consecutive scheduled conferences before the med‐arbiter
despite due notice, and

9. Absence of Er‐Ee relationship between all the members of the petitioning union and the owner of the
establishment where the proposed bargaining unit is sought to be represented. (Sec.14[a], Rule VIII,
Book V, IRR, as amended by D.O. 40‐F‐03)

13. Give the difference between union election and 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.

Union election PURPOSE and nature OF A CERTIFICATION ELECTION is a means of determining the
worker’s choice of: 1. Whether they want a union to represent them for collective bargaining or if they
want no union to represent them at all.

2. And if they choose to have a union to represent them, they will choose which among the contending
unions will be the sole and exclusive bargaining representative of the employees in the appropriate
bargaining unit

14. Requisites for certification election in an organized establishment (p283)

Under Article 256, the Med-Arbiter is required to automatically order the conduct of a certification
election by secret ballot in an organized establishment as soon as the following requisites are fully met:
1. That a petition questioning the majority status of the incumbent bargaining agent is filed before the
DOLE within the 60-day freedom period; 2. That such petition is verified; and 3. That the petition is
supported by the written consent of at least twenty-five percent (25%) of all the employees in the
bargaining unit.

15. Discuss run-off election, rerun election, consent election (p290-291)

Run-off Election
When at least three (3) or more unions are involved in the certification
election and not one of them has garnered the majority of the valid votes
cast but the total votes of all the contending unions is equivalent to at least
50% of the valid votes.

Re-run Election
A re-run election is called for when there is a tie or failure of election in a
certification election involving two (2) or more unions.

Re-run election is conducted to break a tie in a valid certification election or

when there is a need to cure a failure of election. Certification Election is
invalidated or nullified by a multitude of reasons that negate the true will,
undistorted desire and informed choice. There is also a failure of election
when less than majority of the number of eligible voters participated on the
election and there are no challenged votes that could materially change the
result of the election.

16. Substitutionary doctrine (p259)

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.
Stated otherwise, the "substitutionary" doctrine only provides that the employees cannot revoke
the validly executed collective bargaining contract with their employer by the simple expedient of
changing their bargaining agent.
Benguet Consolidated vs BCI employees April 30 1968

17. Nature and purpose of check-off, agency fee (p181,232-234)

18. Duty to bargain collectively: (1) when there is no CBA; (2)when there is CBA
19. Stages in Collective Bargaining (p246-247)
20. Remedies in case of deadlock and renegotiation of CBA (p260)
21. Discuss specific clause in CBA (?) 22. 60-day freedom period (p306)
23. Mandatory provisions of CBA (p243-245)
24. Grievance procedure (machinery)(p329-332)
25. Voluntary arbitration (p333-334)
26. No strike no lockout policy (p370) 27. Labor Management Council (p293)
28. Hold-over principle 29. Union Security Clauses (226-229)
30. Maintenance of membership shop (p229,230)
31. Blue sky bargaining (p238)
32. Surface bargaining (p225)
33. Unfair labor practices committed by employer (p215-226)
34. Reliefs for unfair labor practices cases 35. Unfair labor practices of Labor Organizations (p234-
239)
36. Constitutional basis of strike, lockouts and other concerted activities (p399,) 37. Elements of
strike (p365-382)
38. Constitutional basis of right to picket (p398-400) 39. Who may claim strike and lockout
(p371,384)
40. Power of assumption and certification of the Secretary of Labor and Employment (p386-p395)
41. Defiance of Assumption certification order
42. Liability of union officer and ordinary employees in case of strike (p409-411)
43. Injunction and jurisdiction of Labor Arbiter and NLRC (p264,262,)
44. Discuss reinstatement pending appeal
45. Requisite of perfected appeal to the NLRC
46. Grounds for filing or petition for certiorari with CA under Rule 65 (p357)
47. Petition for review on certiorari with SC Rule 45 48. Prescription of action in labor (p215,)