Labor Relations Past Exams

7/23/2019 Labor Relations Past Exams

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1. A labor org. that mistakenly registers with the SEC has no juridical personality under the law

2. Workers have a right to orm and register their workers assoc. even i the speciic provision granting that right

!art. 2"2 # in the labor code were repealed.

$. Wokers have a right to orm and register with the %&'E their labor org. even i the speciic provision granting

that right !art 2"2# in the labor code were repealed.(. An ailiate cannot delegate its prerogative to represent its members.

". A local has no choice but to delegate its prerogative to represent its members.

). A local does not have its own constitution and by*laws.

+. An ailiate has its own constitution and by*laws.,. A workers assoc. cannot have- as one o its purpose- Collective bargaining or its members.

. A labor org. can only have collective bargaining as its purpose.

1/. 0anagers can orm a managers association but not or collective bargaining.

11. 3uidance counsellors cannot join the labor organi4ation o aculty members even i they are classiied by schoo

management as being o aculty status.

12. 5here cannot be more than " labor org. in one bargaining unit.

1$. A labor ederation cannot have locals o both rank and ile and supervisors o the same employer.1(. A labor ederation cannot have locals o both labor org and employees org.

1". An employer can- without knowledge o the labor org. representing the complainant employees- seek out a money

claims- compromise agreement and 6uit claim with individual complainant employees.

1). A labor org representing complainant employees in a money claim suit can enter into a compromise agreement

with the employer with binding eect on the complainants.1+. 5he cancellation to labor org.7s registration during the pendency o money claims it has brought against its

members7 employer does not suspend- much less terminate- the proceedings.

1,. &nce in possession o a charter certiicate or its mother ederation- a local becomes a labor org. elgible to ile a

petition or certiication election.

1. 8or security guards to orm a union vis*9*vis the owner o the premises they are securing- there must be no

security agency seconding their service.

2/. :n case o eminent controversy- the 'abor ;elations %ivision o the Civil Service Commission may directly

supervise the election o oicers o the union o rank and ile employees o the 3S:S.

21. <ecause no provision o law prohibits it- =Asambahay7s may organi4e into labor org. or purposes o collective

bargaining.

22. An apprentice welder below 1, years o age cannot be denied membership with adult- regular welders o one andthe same employer.

2$. A non*resident alien- working in a actory on the streng"h o a work permit granted by the %&'E- has the same

right to orm- join and assist in a union o his choice just like every other worker in that same actory.

2(. An application or independent union registration- i denied- may be subse6uently re*iled ater making changes

and>or corrections since its denial is w>o prejudice to the re*iling the same.

2". An application or independent union registration- i not deemed atally deective or lack o description o the

bargaining unit whence the union membership is drawn.

2). 5here is no need to draw up its constitution and by*laws beore a local can receive rom its mother ederation a

charter certiicate.

2+. Seasonal agricultural workers- whose work tenure do not e?tend the whole calendar year- cannot be allowed to

orm a labor org but may orm a workers assoc.

2,. 5he person in charge o the disbursement- custody>control o union unds may be re6uired to render a inancial

report o the unds received and paid out i he>she resigns rom oice without need o a resolution voted by the

majority o the members o the union.

2. As long as it is supported by a resolution o the majority o the members o the union- the sums necessary to

conduct seminars on labor rights may be collected rom the general membership.

$/. 5he right o a registered union to ac6uire property- personal>real- cannot be legislated out o e?istence.

$1. 5he right o a registered union to be e?empt rom payment o git ta? cannot be lost by implied amendment either

o the labor code o the @:;C.

$2. 5he union cannot raise as a valid deense when sued its deective registration under the labor code.

$$. 5he <'; maintains the list o all employee org. in the public sector.



$(. @ational nions lose their registration once they no longer have at least 1/ locals that are e?clusive bargaining

representatives in their respective workplaces.

$". A union member may be e?pelled rom the union by a majority vote o all the members o the union- with or

without cause.

$). A general membership o the union may- in a meeting duly called or the purpose vote- by absolute majority- to

cancel the registration o the union- with or without cause.

$+. :n A<S*C<@ SBE;:S&;S vs. A<S*C<@ et al.- the court ruled that it is not enough that a union genera

membership meeting called or the purpose votes to approve a special assessment or attorney7s negotiation ee

or the same to be binding on all by way o check*o rom union member7s payroll.$,. :n Central @egros Electric Cooperative vs. Sec.- the court irst ruled that employees o a cooperative are entitled

to e?ercise their right to sel*org. e?cept those who are members o the cooperative.

$. :n :C5&;:A@& v. E':DA'%E ;&BE W&;=E;S @:&@- the court stressed the principle that the right to

join a union includes the right to abstain rom joining any union.

(/. :n CE< SEA0E@7S v. CA''EA- the court ruled that once an org. is incorporated under the SEC it cannot

subse6uently register with the %&'E so as to attain the status o a ''&.(1. SA0AFA@3 0A@33A3AWA SA CFA;5E; CFE0:CA' v. CFA;5E; CFE0:CA' and C&A5:@3

C&;B&- ruled that 8ederation Bresident must issue a charter certiicate to a local under oath.

(2. BA0<A@SA@3 =ABA5:;A@ @3 03A A@A= BAW:S vs. 'A3ES0A- deined the relation between

ederation and local as that o agent and principal- the bigger ederation being the agent and the smaller local

being the principal.($. :n BF:':BB:@E %:A0&@% F&5E' A@% ;ES&;5- :@C. vs. 0A@:'A %:A0&@% F&5E' E0B'&GEES

@:&@- the court held that even i the union has not been elected as e?clusive representative by the majority in

the bargaining unit- still it has the right to be heard by management when it speaks solely or its members.

((. S5A@%A;% CFA;5E;% <A@= E0B'&GEES @:&@ @<E v. C&@8ESS&;- plainly states that there is no

need or a union to put in writing its re6uest rom management or a copy o the latest audited inancial statement

i the re6uest is made while the parties are already in actual collective bargaining negotiations.

(". Workers without actual- e?isting employers cannot orm ''&.

(). <oth ''& and workers assoc. can engage in collective bargaining.

(+. <oth workers assoc. and labor org. can engage in cooperative housing or their members.

(,. An independent union- registered as such- can no longer join a labor ederation- but can be included in a labor

center.

(. ail guards o the <ureau o Brisons are not allowed to orm- join or assist unions.

"/. A petition iled by the employee*union members or the cancellation o their own unions registration is an intra*

union dispute.

5he application or independent registration o Samahan ng mga 0anggagawa sa 0aa <anana Chip 8actory was

not dismissed by the %&'E ;egion H: &ice- but Samahan was given $/ days to complete the application7s

supporting documents. 8earing that $/ days was too short a time or complying with the missing re6uirements-

one o the union leaders approached Associated 'abor nion !A'# whose oicers then issued a charter

certiicate bearing the name 0aa <anana Chip Workers 'ocal $)$/***A'. 'ocal $)$/****A' was then

reported to the <'; !0anila# as an additional- new 'ocal o A'. (" days ater the application or independent

registration was returned- and ater submission o the missing re6uirements- Samahan was issued an independent

union certiicate o registration. :n the meantime- immediately upon issuance o charter certiicate- 'ocal $)$/*

A' iled a money claims complaint with the 'abor Arbiter or and in behal o its members against their

employer or underpayment o the 1$th month pay. &n motion by 0aa <anana Chip 8actory Corporation- the 'A

dismissed the money claims complaint.

"1. 5he %&'E ;egion H: &ice has no power to order Samahan to complete within $/ days- its application or

independent registration.

"2. 5he %&'E ;egion H: &ice has no authority to issue independent union registration to Samahan ater 'ocal

$)$/ had been reported as a new local o A' to <'; 0anila.



"$. 'ocal $)$/ has personality to represent its members in a money claims complaint beore the 'A- even i it cannot

claim to be E<A.

"(. : local $)$/ had not gone through registration by chartering with A' but instead had registered with the

Cooperatives %evelopment Authority as a Cooperative- then it would have had the re6uisite personality to bring a

money claims complaint with the 'A or and in behal o its union members.

"". Samahan could have been registered as a Workers Association and that would have been the necessary personality

or bringing a money claims complaint against the employer o its members.

"). A' could have brought the money complaint or and in behal o 'ocal $)$/7s union members.

"+. Samahan must have as members at least 2/I o the rank and ile workers o 0aa <anana Chip 8actory.",. An inclusion o 2 or $ supervisors in the roaster o members o Samahan will not nulliy its application or

registration or cause the application7s denial.

". 0aa <anana Chip 8actory Corp. is not entitled to a copy o Samahan7s application or registration.

)/. &nce registered as an independent union- Samahan can now ask 0aa <anana Chip management to deduct rom

all its members7 pay check the e6uivalent o union dues.

uan Santos is a probationary- rank and ile worker o 0aa <anana Chip Corp. ;uben ;amire4 is a regular- rank

and ile worker o 0aa- and in his ormer employer was once the president o a local @8'- a rival labor ederation

o A'. Antonion Abaya is a supervisor trainee ater two years o being rank and ile lead peeler o chip

processing department. Ale? Aliviado is a rank and ile lead banana sorter and son*in*law o the production

manager o 0aa <anana Chip Corp. 0a? 0artire4 is processing evaluator and can recommend removal rom the production line or re*training those rank and ile who can no longer catch up with the 6uota o the line. Bablo

Berinal is the supervisor7s pay master. ;amon ;eyes is the rank and ile pay master.

)1. Santos has a right to join Samahan even i its members are made up o regular rank and ile employees.

)2. Samahan can accept Santos as member even i the union is or the regular rank and ile.

)$. Aliviado can insist on union membership even i he does not receive and oer or invitation rom Smahan.

)(. : denied membership- ;amire4 can compel Samahan to accept him as union member.

)". Abaya can be legally denied membership in Samahan.

)). 0a? 0artire4 can join the supervisor7s union should one be ormed.

)+. : no supervisors union is ormed- 0artire4 can join Samahan.

),. Berinal cannot join Samahan.

). ;eyes can join Samahan.+/. Samahan represents union and non*union members alike in collective bargaining.

+1. A member o the Civilian Fome %eense 8orcs !CF%8#- who is at the same time a harvester o <anana 3rowing

Company cannot join a union.

+2. An ensign o the Bhilippine Coast 3uard- who is also a merchant seaman even when not on active duty- may join

:58 union o seamen.

+$. 5he data base administrator who has access to the entire pay structure o a corporation cannot join any union o

his>her employee.

+(. A iling clerk o the provincial governor7s oice cannot join any labor organi4ation.+". Security guards cannot join any employee organi4ation.

+). nless employed- an independent salesman cannot join a worker7s organi4ation.

++. 2>$ o the union membership- in a meeting duly called or the purpose- can vote or the cancellation o union

registration without need o cause.

+,. 5he union7s registration cannot be taken up as an incidental issue in a petition or certiication election.

+. Ater processing with the %&'E- <';- an employees org. o gov7t workers may be registered only with the CSC.

,/. nions are no longer compelled to ile inancial statements with the %&'E*<';.

,1. 8ederations have at least 1/ locals that are E<A.

,2. 'ocals must be subservient to their mother ederations.

,$. 5rade nion Congress o the Bhilippines cannot create registered locals.

,(. 5CB can help register independent union.,". A union oicer may be suspended>e?pelled rom the union or violation o the rights and conditions o union

membership.

,). Bersons in the personal service o another cannot join a union vis*9*vis their employer.



,+. 8ailure o an Employer to provide the union with copies o the most recent inancial statement - even i the

re6uest was not in writing- constitute 'B.

,,. <ook o the labor code- which provides or the right to sel org. and collective bargaining- among others- cannot

be legislated out o e?istence by Congress.

,. Without need to amend the Constitution- Congress can- by legislation alone grant employees o gov7t the right to

enter into C<.

/. A member o the Bartido =omonista ng Bilipinas !B=B# can be a union member without need to renounce his

membership in the B=B.

1. A member o the CBB*@BA can be a union member while remaining a member o the CBB*=BA.2. A local cannot have the same constitution and by*laws as its mother ederation.

$. 5he agency ees received by a labor org. is e?empt rom contractor7s ta?.

(. 5he union dues received by an employee7s org is e?empt rom withholding ta? on income.

". 5he interest earned by a union on its monies- mostly union dues- deposited with a commercial bank are not

e?empt rom withholding ta?.

). A 1" yr old union member cannot be elected president o a labor org.

+. A union member may not be compelled- by special assessment- to contribute to atty7s negotiation ees agreed

upon by the union7s bard without his individual e?press written authori4ation- even i such ees have been

approved by a resolution voted by the majority o all the members o the union in a meeting called or the

purpose.

,. Fomeworkers can orm their own unions.

. &nly some non*resident aliens- even with employment permits- can orm>join unions.

1//. 5he right to sel*org include the right not to join any union.

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1. A local union which is not registered ollowing the procedure o Art. 2$( o the labor code cannot- upon

disailiation rom the ederation- e?ercise the rights and privileges granted by law to ''&.

2. A union has no right or personality to sue or and on behal o non*members thereo- even i they are within the

bargaining unit.$. :ndependent unions - even i ailiated with a labor ederation- cannot e?ercise the rights and privileges granted by

law to ''& once the registration o their mother ederation has been cancelled with inality.

(. A union once registered under the alternate procedure or registering unions under art. 2$(*A can e?ercise all the

rights and prerogatives o any ''&.

". A union is bond to represent all workers within the appropriate bargaining unit- members>non*members alike- in

negotiating a C<A.

). A probationary employee can be admitted to membership by the union o regular rank and ile employees.

+. A union o regular- rank and ile employees cannot be compelled to accept as member an employee who has not

yet attained regular status o employment.



,. A supervisor is prohibited by law rom joining a workmen7s association or the rank and ile employees.

. 5he prohibition against joining a union in art. (" o the labor code is not a violation o the constitutional right o

reedom o association.

1/. &icers and members o the A8B and B@B are prohibited rom joining employees organi4ation or reasons o

state security.11. 0anagers cannot orm any labor org>any workers association.

12. : managers are allowed to become members o a labor org. despite the prohibition in the labor code- that

organi4ation ceases to become a labor union>org.

1$. Employees who are minors may join labor org. ater securing the permission o their parents>guardians.1(. Fomeworkers- since they work only at home- are not allowed to join.

1". 5he labor code contains no e?plicit prohibition against domestics orming labor org.

1). 5he labor code cannot grant government employees the right to sel*org.

1+. E& 1,/ contains no grant to gov7t employees to orm unions or the purpose o collective bargaining.

1,. A conidential employee has no right to sel*org.

1. A conidential employee has no right to orm- join and assist a union o his>her choice or mutual aid and

protection.

2/. 3ov7t employees cannot orm unions or mutual aid and protection.

21. <etween a local and ederation that granted the local a charter certiicate it is the local that has the primacy in

collective bargaining.

22. <etween the local and ederation- it is the latter that is the principal- the ormer being the agent o workers at the

level o the workplace.2$. nion oicers have a " yr term

2(. nion oicers must be elected by all the members directly- and may be re*elected only two times.

2". 5he by laws o a union may provide or additional number o grounds over that provided by law or

dis6ualiication or membership with the union.

2). 5he amount that may be charged as initiation ee must be decided by a majority o votes o the general assembly

o the union.

2+. Employees o the <oy scouts o the phil. 0ay orm employees association- but not labor org.

2,. Employees o the Bhilippines Society or the prevention o cruelty to animals can only orm employees

associations- but not labor org.

2. ;A (,1 grants authority o a union7s general membership to vote by 2>$ o all the members to cancel union

registration.$/. 5he validity o union7s registration cannot be raised as an issue in a petition or certiication election proceeding.

$1. All non*resident aliens- as long as they possess a valid working visa and a valid work permit rom the %ep7t o

labor- may e?ercise the right to sel*org.

$2. @o violation o the rights and conditions o membership in a labor org. constitutes a ground or the cancellation o

the union7s registration.

$$. nion oicers who violate>cause the violation o any o the rights and conditions o membership in a '& may be

suspended>e?pelled rom the union.

$(. An application or registration o a union that is denied by the <'; despite being suicient in orm and substance

should be raised to the CA by Certiorari under r )" o rules o court.

$". :t is the labor code that prohibits conidential employees rom e?ercising the right to sel*org.

$). A bargaining rep is not synonymous with an E<A.

$+. An application to register a legitimate employees org is iled both with the CSC and %ep7t o 'abor.$,. :ntra union>inter union disputes in the public sector are under the jurisdiction o the public sector are under the

jurisdiction o the Bublic Sector 'abor 0anagement Council !BS'0C#

$. 5he BS'0C maintains the roster o unions in the public sector>

(/. 5he general rule beore a union member can ile an intra union complaint with the <'; is to e?haust the internal

remedies provided in the by laws o his.>her union.

(1. 5he $/I o union membership signature support or complaints on violation o union membership rights is

merely directory- not mandatory.

(2. 0embership in a subversive org is no longer a dis6ualiication or being a union oicer.

($. nion members below 1,- though not e?plicitly ruled out- are not eligible to be elected oicers o the union.

((. A union is not allowed to obtain registration rom the SEC ater it has been registered with the %&'E.



(". 5he cancellation o registration while the union7s money claims complaint is still pending will not interrupt the

proceeding as long as all the members submit a motion- singly>jointly- to substitute the union as complainant.

(). 5he union7s may engage in income generating activities or the beneit o its members and their amilies.

(+. 5he income o the union rom union dues is e?empt rom income ta?.

(,. 5he union is e?empt rom the payment o ;B5 or the lands and buildings it owns and which it uses or its union

activities.

(. nions are e?empt rom git ta?- but not rom taris and duties.

"/. 5he right to sel*org. springs rom the constitutional right o reedom o association.

Chi6uita <ananas :nc. has an overall +// ha arm land- divided by location into "/ ha in 0arbel- 1"/ ha in Calinan-

and "// ha in St. 5omas- %avao del @orte. Chi6uita has a laboratory in St. 5omas- with a complement o $/ chemists

agriculturists and techniciansK its administrative management oice is in 0arbel- South Cotabato- because it is

subsidiary o %&'E Bhil- :nc. Chi6uita has (// daily paid- regular arm workers- 2// seasonal arm workers- +/

supervisors- agriculturists L lab techs- (/ monthly paid admin L accounting employees- L 2/ managers directing the

logistics- personnel- accounting and arm production departments.

"1. 5he regular arm workers in 0arbel- Calinan and St. 5omas arms cannot constitute 1 appropriate bargaining unitcovered by a single petition or certiication election.

"2. 5he 8ederation o 8ree Workers!88W# cannot orm more than 1 local with worker memberships coming rom

each o the arms in 0arbel- Calinan and St. 5omas."$. <etween %epartment o 'abor ;egional &ices in 0arbel!;egion H::# and in %avao City!;egion H:#- a petition

or certiication election covering the regular arm workers should be iled in 0arbel because that it where not

only one o the arms is located but also because the main oice o Chi6uita is situated.

"(. 5he proper venue or petition or certiication election covering all o Chu6ita7s regular arm workers is %avao

City!;egion H:# because most o workers are located in that region."". 5he proper venue or a petition or certiication election o all Chi6uita7s regular arm workers can be either

0arbel !;egion H::# or %avao City !;egion H:#.

"). : separate petitions or certiication election are iled or each arm workplace in 0arble- Calinan and St.5omas-Employer Chi6uita can ile an opposition thereto on the grounds that it will needlessly and unduly multiply its

labor relation duties to the detriment o its legitimate business end."+. 5he 'A has discretion to order the consolidation o separate petitions or certiication election separately covering

Chi6uita7s 0arbel- Calinan and St. 5omas arms into one certiication election proceeding uniying the

bargaining units into just one appropriate bargaining unit.

",. : management adjusts the status o the 2// seasonal arm workers rom seasonal to regular ater the issuance o

the order to hold certiication election among the regular arm workers- the petitioning union cannot successully

oppose the same.

". A separate petition or certiication election covering the seasonal arm workers iled by one and the same labor

organi4ation petitioning a certiication election or the regular arm workers may be successully opposed or that

same reason.)/. 5he supervisors- lab technicians and monthly*paid admin workers may be joined together in one petition or

certiication election as one appropriate bargaining unit.

)1. 5he lab technicians and monthly*paid admin employees o Chi6uita cannot be made to constitute one appropriate

bargaining unit because the technicians are located in a dierent region rom that o the admin workers.

)2. A petitioner or certiication election covering regular arm workers o Chi6uita Calinan 8arm can- within 1 yr

ater losing that election- ile another petition or certiication election covering regular arm workers o all $

arms in 0arbel- Calinan and St. 5omas.

)$. Even beore the )/*day reedom period o the C<A covering Chi6uita and regular arm workers o Sto. 5omas

Chi6uita 8arm- the incumbent E<A o the regular arm workers can ile a petition or certiication election

covering all the seasonal arm workers o Chi6uita.



)(. 5he E<A o the regular arm workers o Chi6uita Calinan 8arm cannot demand- as part o the negotiations o a

union security clause- that the employer provide the bargaining agent a complete list o probationary workers and

when they are e?pected to become regular.

)". 5he +/ supervisors cannot register a workers association i they allow some Chi6uita managers to join the

association.

)). Chi6uita managers can only orm association that can be registered with the SEC- not workers associations

registered with the <';.

)+. A declared policy o Chi6uita to automatically e?tend what supervisors enjoy under the C<A to their 2/ managers

is not an indirect circumvention o the prohibition to managers rom joining a union.),. &ne labor ederation can simultaneously ile separate petitions o certiication election or regular arm workers

seasonal arm workers- monthly paid admin workers- and supervisors.

). A president or secretary o a local o a regular arm workers union need not sign a petition or certiication

election covering its bargaining unit.

+/. 5he winner o the certiication election among Chi6uita supervisors need not garner at least $) votes.

+1. <argaining agreements covering 3overnment employees do not cover economic provisions.

+2. Employees o government owned and controlled corporations can be granted a one*time bonus rom whatever the

corporation has saved rom its budget upon the signing o a CA@ between the corporation and employees org.

+$. oluntary abritrators are 6uasi*judicial oicers- but are not public oicials.

+(. A7s decisions are appealable to the CA within 1" days rom receipt o the &rders>awards.

+". A7s decisions become inal 1/ days rom receipt o the copy thereo- and or that reason are non*appealable and

may be raised only on certiorari to the CA.

+). A cannot rule on 'B since the same are under the original and e?clusive jurisdiction o the labor arbiter.

++. An employee- slapped the penalty o dismissal ater a protracted employer investigation- cannot ile a grievance i

his>her union reuses to ile one or him>her.

+,. Where despite going through a grievance procedure management upholds the dismissal o an employee- the union

has no choice but to invoke voluntary arbitration- i both employee and union are still dissatisied with the

outcome.

+. A grievance arising rom underpayment o C<A mandated increase is an e?ample o a rights dispute.

,/. A grievance arising rom wage distortion is an e?ample o an interests dispute.

,1. ;egistration ee o a C<A is to be paid solely by management.

,2. %ivision o payment o registration ee o a C<A is mandatory provision o C<A.

,$. 5here is no duty to bargain during the )/ day reedom period o a C<A.,(. 5he duty not to terminate or modiy a C<A is absolute.

,". 5here is a duty to bargain when the union asks in writing to renegotiate the last two years o a C<A- and makes

the written re6uest beore the end o the third year o the C<A.

,). 5he C<A must be ratiied by at least a majority o the entire bargaining unit.

,+. An e?clusive bargaining representative- even with the unanimous signature approval o the bargaining unit

employees- has no power to condone a wage anniversary increase provided in the C<A.

,,. Where an employer does not deny a promised and agreed*to beneit made during C<A negotiations but which is

inadvertently let out o the C<A- the same remains management7s obligation to comply with as i it were spelled

out and included in the C<A.

,. A no strike clause does not cover slow*downs to compel management to address wage distortion.

/. A C<A does not e?pire until a new one is agreed upon and becomes eective.

1. C<A7s are a limitation to managerial prerogatives.

2. 0onetary beneits arising rom the C<A7s- which are written agreements- prescribe in 1/ yrs.

$. A union security clause is a mandatory provision o C<A.

(. A union security clause is a mandatory subject o bargaining.

". A union security clause is a contractual limitation on the right to sel*org.

). A union security clause is strictly interpreted in avour o labor in cases o doubt.

+. An agency ee clause is automatic- even i not e?plicitly provided in the C<A- since it is already mandated by Art

2",!e# o the labor code.

,. Even i held illegal by the S Supreme Court- a closed shop provision has been called by the Bhil. SC as legal and

as a priced achievement o a union in our jurisdiction.

. An open shop clause is a surplusage.



1//. 5here is no C<A unless one o the parties thereto is a juridical person.

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;amon 8ernande4 is a probationary employee at the 5oyota Bhilippines- :nc. assembly plant but is already a

member o the Samahan ng mga 0anggagawa sa 5oyota*=0*@8'- a legitimate labor ederation and signatory o the

petition iled by the latter- during the )/ day reedom period- a petition or certiication election or the regular rank and

ile assembly workers. 5omas %esierto is a regular employee at the 5oyota assembly plant and member o the incumbent

5oyota Employees nion*A' 5CB. %esierto has been chosen and slated or supervisor training at the 5oyota Blant in

=obe- apan. Fistorically- /I o those chosen pass the ) month training course and- upon their return- are made

supervisors. ;osita 3abor is a payroll*liason specialist or the Blant employees and inance oice- reporting to the

comptroller although most o the time she is at the assembly plant in overalls and hardhat coordinating with the Blant

supervisors.

1. 5oyota Employees A'*5CB cannot validly object to 8ernande4 being accepted as member o Samahan

=0*@8'.2. 5oyota Employees A'*5CB cannot validly object to the 0ed*arbiter7s inclusion o 8ernande4 in the count

o the signatories supporting the petition.

$. 5oyota management can validly object to 8ernande4 casting his ballot in the certiication election granted by

the med*arbiter.

(. : without counting 8ernande47 signature the total support or the petition or certiication election is less than

2"I o the bargaining unit- then 5oyota Employees A'*5CB can successully impugn as grave abuse o

discretion the 0ed*Arbiter7s order to hole certiication election.

". Ater his designation or supervisor7s training- %esierto cannot be allowed to cast his vote in the certiication

election even i he has not yet let or apan.

). Even ater his designation or supervisor7s training- %esierto cannot insist on no longer being checked o hismonthly union dues to 5oyota Employees A'*5CB.

+. Even ater his designation or supervisor7s training- %esierto can still cast his ballot in the certiication

election.

,. 0anagement can legally oppose and stop 3abor rom casting her ballot in the certiication election.

. Even i 5oyota Employees A'*5CB does not object to 8ernande4 voting in the certiication election- he

can still be e?cluded rom coverage o the C<A subse6uently agreed upon.

1/. 3abot cannot be covered by the C<A o the regular employees at the 5oyota assembly plant.

11. <oth 8ernande4 and 3abor cannot be prevented rom voting or the selection o the ) members o the

negotiating panel o the union- regardless o which union wins in the certiication election.



12. %esierto can no longer vote and be voted or in the selection o the negotiating panel ater he is designated or

supervisors training.

:n the certiication election held at the regular- rank and ile monthly paid works at 5oyota 0otors 0akati Corp.- the

canvassing o votes were as ollowsJ total eligible voters 2"/K total votes cast 12+K stray>invalid votes $K no union 2/

votes- union A 2/ votes- union < (1 votes- union C ($ votes.

1$. nion C wins.

1(. : three supervisors voted in the election- one vote each or union A and union <- and union C- there should bea run*o election.

1". 5o win certiication election a majority o the eligible voters must cast their ballots or the winning union.

1). At least 12+ votes should be cast to have a valid election.

1+. 5he certiication election should be held on a regular working day.

1,. @o union can only be a voting choice i there is only one union running in the certiication election.

1. 5he total number o votes garnered by the union in this election ar e?ceed the number re6uired to have run

o election.

2/. @o union is no longer on the ballot in a run o election.

21. As soon as a labor org is declared by the med*arbiter as the E<A- the same can demand rom management a

copy o its latest audited inancial statements.

22. 0anagement and E<A can- should they mutually agree to do so- begin bargaining even without the list o

bargaining proposals or demands.2$. 5he duty to bargain on the part o the management begins the moment it is in receipt o the E<A7s bargaining

proposals.2(. A petition or certiication election ound to be deective in orm and substance is dismissed with prejudice.

2". :t is only optional or management to ile- with the 0ed*arbiter- an answer to a petition or certiication

election.

2). :t is duty on the part o the union*petitioner to urnish management a copy o the petition or certiication

election.

2+. A C<A supplements but does not replace whatever has been previously agreed upon between management

and individual employees.

2,. A C<A is not rendered invalid i it provides or what otherwise would no longer be terms and conditions o

work.2. An option to buy granted in C<A to the salesman who uses a company vehicle ater ( yrs is a mandatory

subject o bargaining.

$/. Any controversy arising rom such option to buy a company vehicle in a C<A must be resolve as a grievance

and is part o the mandatory jurisdiction o the A.

$1. 5he duty to bargain- whenever invoked at all- usually pertains to the management.

$2. 5he right to bargain is usually invoked by the E<A.

$$. &nly E<A that have e?isting completed C<A7s cannot invoke the duty to bargain

$(. &nly unions- and none o the employees- are signatories to a C<A.

$". 5he ee or registration o a C<A is B1= and is paid to the @C0<.

$). A counter proposal not to negotiate a mandatory subject o bargaining like retirement beneits is not a

violation o the duty to bargain.

$+. An agreement to apply a wage order not otherwise applicable to those in the bargaining unit but whichagreement ails to be incorporated in the C<A- and as such is now claimed by management as no longer

legally>contractually demandable is not a violation o the duty to bargain.

$,. A C<A that is not certiied is not- by that token alone- powerless to bar a petition or certiication election.

$. An e?pired C<A ceases- by that token- to be the law between the parties.

(/. %uring the (/ day reedom period- only certiication elections can occur- no negotiation o C<A is allowed.

(1. Certiication election is allowed beyond the (/ day reedom period as long as the petition to hold the same

was iled during the reedom period.

(2. 5he grant and acceptance o less than what the C<A provides is a valid waiver o the contents o the C<A.

($. 5he grant and acceptance o more than what the C<A provides is a valid waiver o the contents o the C<A.



((. : not ratiied by the majority o the bargaining unit- a C<A is not considered perected and binding upon the

parties.

(". A C<A can be unilaterally withdrawn by the bargaining unit by the act o the union membership ormally

cancelling its union registration.

(). 0oney claims arising rom a written C<A prescribes in 1/ yrs.(+. A can- with the agreement o the parties- assume jurisdiction over termination cases.

(,. 5erminations that occur ater the case has gone through grievance procedure are within the mandatory

jurisdiction o the A.

(. A can be the subject o the petition or mandamus."/. 5he labor arbiter may be deprived o jurisdiction over the subject matter clearly within his original and

e?clusive jurisdiction when the parties thereto unanimously agree to submit their dispute to A.

"1. A supervisor who asks one o his workers W&@ he is a member o the union- E<;- commits by that token-

'B.

"2. %uring the campaign phase leading up to certiication election in an unorgani4ed establishment- a supervisor

who asks one o his workers W&@ he is a member o any union commits- by that token- 'B.

"$. Asked in private by an employee which o the contending union he preers- the supervisor answers @:&@ A

Fe commits thereby 'B.

"(. An employee asks his supervisor which o the contending unions o an approaching certiication election he

preers he answers- : will answer the 6uestion i you gather all your co*employees- so don7t have to repeat

my answer. 5he workers were hastily gathered by the in6uiring worker- and beore them the supervisor

named the union o his preerence and his reasons thereor. Fe commits 'B.

"". All strikes necessarily involve picketing.

"). Bicketing by workers does not necessarily involve a labor dispute."+. @ot all strikes involve a labor dispute.

",. A single employee cannot go on strike.

". Bicketing is not a protected labor right.

)/. 0ass leaves may constitute a strike.

)1. @ot all violations o a C<A provide grounds or launching a valid strike.

)2. Some inter*union ights>controversies can constitute valid grounds or a strike.

)$. An impasse in collective bargaining gives rise to a valid ground or a strike.

)(. A supervisor who calls his striking workers at home by phone and begs them to return to work or the sake o

their amilies who have been approaching him or monetary help- does not commit 'B.)". 5he cooling o period o 1" days must be observed in case a strike is called on 'B grounds.

)). :n cases when union leaders are dismissed and e?istence o the union is in danger- there is no cooling o

period to be observed beore going on strike.

)+. :n cases when union leaders are dismissed and e?istence o the union is in danger- there is no waiting period

to be observed beore going on a strike.

),. A strike vote can be held viva voce- and not necessarily by secret ballot.

). A valid strike vote must be the product o at least the majority o the entire appropriate bargaining unit.

+/. At least 2(*hr notice must be given to the %&'E and @C0< beore a strike vote is taken.

+1. Without the presence o a %&'E oicial- the strike vote taken is invalid.

+2. 'B complaints must be iled within 1 yr rom the time the right o action accrues.

+$. A complaint or illegal dismissal that constitutes 'B can be iled- as such- within ( yrs rom the time the

right o action accrues.+(. Even i no 'B is in act committed- a strike called on those same 'B grounds may still be held legal i it

can be shown that the union members and oicers were in good aith in their erroneous appreciation o acts.

+". A strike is legal even i no notice o strike is iled- as long as all other re6uisites are complied with.

+). 5he @C0< has jurisdiction to pass upon the suiciency o a notice o strike.

++. : the strike is illegal all participating strikers lose their employment status.

+,. 5he cooling o period to be observed beore launching a strike must be strictly complied with to the letter.

+. 5hose who go on strike may threaten others but they cannot use violence against employer

representatives>third parties.

,/. As s rule- picketing during a strike must be always moving during the day- although the picket may be

stationary at night when the sidewalks are no longer in use by pedestrians.



,1. &nce violence occurs during a strike- like the destruction o property>injuring o persons- the same becomes

illegal.

,2. &nce a strike is illegal upon commencement or lack o compliance with any o the substantial>procedural

re6uirements- such a strike can no longer be transormed into a legal>lawul one.

,$. %uring a strike- employer*employee relationship is suspended.,(. &nce a strike has occurred- the management can declare a lockout without need o taking a lockout vote.

,". 3overnment employees can neither stage a picket or strike.

,). 5he president may assume jurisdiction over a labor dispute provided there is prior recommendation by the

secretary o labor.,+. Where the retrenchment o a group o workers is invoked as the 'B ground or calling a strike- and

subse6uently the retrenchment issue is ruled upon by a voluntary arbitrator as valid and legal- the subse6uent

assumption o jurisdiction by the secretary cannot include- in its return to work order the retrenched workers.

,,. 5he SC has held that it must not be timid in reviewing the e?ercise o the secretary7s power to assume

jurisdiction over a labor dispute.

,. Strikers who- in the middle o a strike unilaterally lit picket lines and e?press their desire to go back to work

without conditions- must be accepted back to work by their employer.

/. A strike launched ater an assumption o jurisdiction order by the secretary o labor is an illegal strike.

1. Even without re6uest rom management- the secretary o labor may- sua ponte- assume jurisdiction over a

labor dispute or certiy the same to the @';C or compulsory arbitration.

2. : management has lodged beore the 'A an illegal strike complaint- the secretary o labor can no longer

certiy the same to the Commission or compulsory arbitration.

$. A motion or consideration o the secretary7s assumption order- i accompanied by a suitable bond- can stay

the return*to*work order.(. &nce an assumption o jurisdiction order has been issued by the Secretary o 'abor- all conciliation and

mediation meetings by the @C0< must cease-

". 5he police authorities can stay within the strike 4one when ormally re6uested by the management or the

union- or both.

). @on*union members- who nonetheless are prevented rom working during an economic strike through no

ault o their own- are entitled to strike*duration pay.

+. Employees o all 3&CCs are not allowed by law to go on strike.

,. Strikers undertaken by employees o private hospitals may be enjoined.

. Strikers undertaken by employees o public- government owned hospitals are strictly prohibited.1//. 5he general banking law o 2/// provides that strikes by employees o all banks can be enjoined.

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Labor Relations Past Exams

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Transcript of Labor Relations Past Exams