LABOR LAW 2, ATTY. BALINO, S.Y.

1920 CATALANJAM
17 FEB 2020 • Calls the parties to mandatory conciliation
5. MANDATORY CONCILIATION
LABOR PROCEEDINGS
• Non-litigous
Who are the parties to a labor case? Complainant
and Respondent • Must be done twice
1. Filing a Complaint • Asks the party w/n they could amicably settle
the matter
• Venue — (generally applying Civpro)
• Counterpart of JDR (judicial dispute resolution)
- GR: residence of the plaintiff or of the
— done before the judge
defendant, at the election of the plaintiff
• Done before the LA
- OFWs — where the complainant resides or
where one of the principal of ce of the • Three scenarios —
respondents is, at his option - SUCCESSFUL — Compromise Agreement +
- Wrong venue: Effect if the principal of ce is Termination
makati, place of assignment is Cotabato, but - NOT — submission of Position Paper or
place of ling is Cebu, just to effect menace? Memoranda
File Motion to dismiss on ground of improper
venue.
๏ Simultaneously done — 10 days from the
last date of hearing
๏ When to le? Before the ling of any
responsive pleading. - NON-APPEARANCE
XPN (when can MD be led even after the ๏ By the Complainant, without justi able
service and responsive pleading): MD on reasons — DISMISSED
ground of lack of jurisdiction. ๏ By the Respondent —
‣ Filing of responsive pleading is a ‣ On rst hearing — set second hearing
submission to the jurisdiction of the
court. ‣ If he fails to attend second hearing —
WAIVER OF RIGHT TO ANSWER; The
• COMPLAINT case will be resolved without respondent
- JURISDICTION — may be pleading
๏ LA or
๏ RD 6. RESOLUTION/DECISION BY THE LA ( nality)
- VENUE — • Finality of judgment — when the reglementary
period has lapsedm and no appeal has been
๏ Place of work
led by either party
๏ Place regularly assigned
- Final disposition of the case, in line with the
๏ Ofw doctrine of the SC that all litigations must
๏ Residence come to an end.
- May be by form or actual Complaint - A case may be nal to one party, but not to
the other.
๏ e.g. within 10days
2. SENA — Single-Entry Approach
‣ Appellant led a memorandum of
• Mediation by a DOLE staff (SENA of cer)
appeal— not nal
• vs. Civpro, summons agad after complaint ‣ Appellee did not le — nal
(within 15 days)
• Effect:
7.a. EXECUTION OF AWARD OR JUDGMENT
- If they mediate — dismissed
• Awards —
- If they don't — proceed to NLRC formal
complaint - money claims, including damages,
backwages, underpayment
• Counterpart of PMC in civpro
- nonmonetary claims — reinstatement
• 1st step: by motion of the winning party or
3. DOCKETING motu proprio, a writ of execution will be issued
• Case is raf ed, case number and LA is assigned
- Can the LA be subject to Mandamus (RTC) to
issue Writ of Execution? NO. The writ of
4. SUMMONS execution is not strictly ministerial.
• Summons is an order of the LA. - When do you le the motion?
- Effect if you don't follow: Contempt of court, ๏ Within 5years from the nality; OR
and you lose your right to le a responsive ๏ Within 10years from such nality, after the
proceeding 5years has lapsed, via an independent
action (motion for revival of judgment)
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 LABOR LAW 2, ATTY. BALINO, S.Y. 1920 CATALANJAM

‣ After 5years, the case will be archived, - example: there is collusion between the
thus, the remedy will be to revive + issue party and the LA
writ 4. If serious errors in the ndings of facts are
• 2nd step: COMPLIANCE — raised which, if not corrected, would cause
- If full — no problem grave or irreparable damage or injury to the
appellant.
๏ How to satisfy fully the judgment?
• 1st: Without prejudice to reinstatement (by
‣ Losing party offers payment; Labor Code, immediately executory)
‣ Garnishment of cash or personal - If there is reinstatement, appeal can still be
property; or done
❖ Losing party has a horse — sheriff - This is EPA (execution pending appeal)
will auction it and proceeds will be
applied to the debt • 2nd: Appellant will le Memorandum of Appeal
‣ Levy on real properties - Opposite of memo: Notice of Appeal

- If partial — sheriff shall report such + alias writ - If a Memo of Appeal is led without the
of execution necessary fees, the reg period will not be
tolled
๏ Eg. Money award is 2m but what was
given was only 50k - The court of a quo loses jurisdiction to the
appellate court
๏ Alias writ of exec — second writ of exec
regarding the unful lled portion • 3rd: PERFECTION OF APPEAL
- Has something to do with:

7.b. APPEAL
๏ Memo of appeal
• Who can appeal? Either party. ๏ Payment of docket fees
- Winning party may appeal on ground of ๏ Posting of Bond (for cash awards), which
recomputation of awards. may be —
• Why is there an appeal to the CA if it is not in ❖ Cash
the Labor Code? (basis of the fact that the CA ❖ Surety
can take cognizance of labor cases) ‣ ratio: because appeal is not a matter of
- St. Martin’s case: right, it statutory (???)
๏ Is there a right to appeal via certiorari in
labor cases from the NLRC to the CA (why
8. NLRC ISSUES DECISION
would the remedy be certiorari if it could
just be appeal)? a. Finality — execution; or
‣ Because labor cases are not technically b. Either —
appealable (no law). Thus, the certiorari a. MOTION FOR RECONSIDERATION.
shall be treated as an appeal, but you ‣ This is for the certiorari, and not for the
must comply with the requirements of
rules
certiorari. Moreover, the decisions of the
NLRC cannot be stayed by mere ling b. Appeal to the CA via Certiorari
the certiorari. There must be TRO.
‣ Under the Labor code, the decisions of 9. CERTIORARI VIA RULE 65 OF THE ROC
the NLRC are not appealable. But the SC
• Within 60 days from the denial of the MR and
says that it cannot be beyond judicial
order is received by the party
review because of the power of the
courts to do such. • They will now be called petitioner and
respondent.
• GROUNDS OF APPEAL
- If both of them appealed, the cases will be
1. Prima facie evidence of abuse of discretion consolidated in one GR and you can only
on the part of the LA or RD respond as you are addressed to.
- Applies if there is blatant abuse
- Example: an award was rendered even if 10. ORDINARY APPEAL TO THE SC VIA RULE 45
there was no hearing
- Rule 65 certiorari cannot be led since it
can only be led if without other remedies
available 11. REMAND TO COURT A QUO or DISMISSAL
2. If the decision/award/ order was secured • REMAND — Only happens if the original award
through fraud or coercion, including graft prospers. Because the SC cannot give award to
and corruption the parties. Only the LA, throught its sheriff, that
handles execution.
3. If made purely on questions of law
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 LABOR LAW 2, ATTY. BALINO, S.Y. 1920 CATALANJAM

OTHER NOTES: CASE: SPIC N SPAN v. PAJE
• CONTEMPT — action stemming out of an • The representative of the complainants, who is
ongoing labor case. not a lawyer, signed their position paper. — not
- May be declared on motion or motu proprio allowed.

- DIRECT CONTEMPT — even when the • VERIFICATION of documents

- INDIRECT CONTEMPT — - ratio: for the labor courts to protect

themselves
- Such is outside of the original duty of the LA
- That you are the complainant, you have read
• MODES OF SERVICE the contents, that all the contents are as you
- Labor cases use Air21 (private courier) know to be true and authentic
• INJUNCTION - effect: perjury (declaring something under
oath to be true, but not actually)
- What can you enjoin
• If you are the one representing yourself, do you
๏ Prohibited acts during strikes or lockout
need to verify? YES. It is material.
๏ Acts that can cause great or irreperable
- In other cases, veri cation is only done in
injury, for only 20 days (due to the
initiatory pleadings, or answer in nullity of
urgency)
marriage, third party complaint, motion for
‣ After 20 days, Permanent Injunction can intervention
be led.
• Effect of the non-signing of the veri cation: The
- May be Prohibitive or Mandatory court allowed it in this case because over
technical rules, security of tenure is still
paramount.
- But if you use that defense always, you can be
ascribed bad faith, for which you can be
liable for damages
• Who can appear
- Legal aid accredited by the IBP
- Members of the labor organization
• What could be the defense of the other party if
he nds out that the other was represented by a
non-lawyer (if the position was led by a non-
lawyer)?
- effect: whatever was led will not toll the
prescriptive period (appeal) or mere scrap of
paper (position paper, he will lose the right to
le the PP) —> the case can attain nality

CASE: UBIX
• The insurance company (to le the supersedeas
bond) was not accredited by the commission.
- If the surety is not proper, it will not toll the
prescriptive period.
• Appeal can only be perfected by
• A notice of appeal can be treated as a memo,
provided that all the other requirements are
present.
- Difference is the content
๏ Notice — only notice
๏ Memo — including the facts, etc

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 LABOR LAW 2, ATTY. BALINO, S.Y. 1920 CATALANJAM

PART 2
• DOLE’S APPELLATE JURISDICTION OVER
NOTES
MED-ARBITER’S DECISION OVER INTER-
DOLE - Department of Labor and Employment U N I O N / C E R T I F I C AT I O N E L E C T I O N
SOLE - Secretary of DOLE DISPUTES; RULES
LRD - Labor Relations Division of the DOLE 1. Unorganized establishment — order against
the conduct of a cert elec not subject to
DOLE-RD - DOLE Regional Director appeal; it shall be subject of a protest; denial
BLR-D - Bureau of Labor Relations Director of the protest may be appealed to DOLE
within 10 days
No appeal —> protest —> denied —> appeal
ART. 232
2. Organized establishment — within 10 days
• CONCURRENT AND EXCLUSIVE JURISICTION from receipt of denial
OF —BLR AND LRD OF THE DOLE RO (BUREAU
OF LABOR RELATIONS; LAB REL DIVISIONS;
REGIONAL OFFICE) • APPELLATE JURISDICTION OF BLR-D
i. Inter-union con icts; 1. Decisions of LRD, within 10 days from receipt
ii. Intra-union con icts; and of notice
iii. Disputes from labor-management relations ๏ BLR’s decision appealable to CA via R65
in all workplaces 2. Decisions of Med-Arbitrers
XPN: arising from implementation and XPN: decisions in certi cation election or
interpretation of the CBA inter-union disputes (sucha are appealable to
DOLE sec)
a. MED-ARBITERS 3. Decisions of DOLE-RD
i. Interunion disputes (appeal to DOLE sec) - Decisions of BLR-RD appealable to CA via
R65
ii. Intraunion disputes (appeal to BLR-D)
iii. Other related labrel disputes (appeal to
BLR-D) • INTER-UNION v. INTRA-UNION DISPUTES
iv. Contempt cases INTER-UNION DISPUTES INTRA-UNION DISPUTES
b. DOLE-RD (decisions appealable to BLR
Director) Between and among labor Between and among union
i. Petitions for cancellation of registration of unions members
independent unions, local chapters, and
workers assoc 1. Validity of SEBA,
certi cate/consent/run-
ii. Petitions for de-registration of CBAs; off/re-run election
iii. Request for the examination of the books 2. Other disputes and
of acct of said labor orgs (appeal to BLR) con icts involving the
rights to self-
c. BLR DIRECTORS organization, union
i. Complaints and petitions regarding membership, and CB
registration/cancellation of registration of between and among
federations, national unions, industry
legit labor orgs
unions, trade union centers (and local
chapters), af liates, and member
organizations N C M B ( N AT I O N A L C O N C I L I AT I O N A N D
MEDIATION BOARD)
ii. Request for the examinations of books of
accounts of said labor orgs under Art. 250 • Agency attached to the DOLE
of the LC • In-charge of the settlement of labor disputes
iii. Intra-union disputes involving said labor through conciliation, mediation, and of
orgs promotion of voluntary approaches to labor
dispute prevention and settlement
iv. Contempt cases
- Conciliation and Mediation — a third person
(Conciliators-Mediators) intervenes in a
• APPELLATE JURISDICTION OF BLR DIRECTOR dispute involving two or more con icting
a. Med-Arbiters decisions in: parties for the purpose of reconciling their
differences or persuading them into settling
i. Intra-union disputes, and
their dispute; normally does not render any
ii. Other labrel disputes decision
b. All decisions originating from the DOLE RD in • Preventive mediation — mode of settlement
the cases falling under their orig jurisdiction covering potential labor disputes that are the
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 LABOR LAW 2, ATTY. BALINO, S.Y. 1920 CATALANJAM

subject of formal/informal request by either 2. Prima facie evidence that the settlement was
parties or upon the initiative of NCMB to avoid obtained though fraud, misrepresentation or
occurrence of actual labor dispute; procedure: coercion
1. File notice or request of PM • Compromise involving labor standards cases
2. Enter into submission agreement between (money claims) must be —
the parties 1. Reduced in writing and signed in the
3. Convert the notice of strike or lockout into a presence of the RD of the DOLE or his duly
PM case which must be done before the authorized representative; and
cooling-off period expires or before the 2. Approved by the complainants individually
union conducts strike voting • Compromise by union of cers must be
- Effect: notice of strike/lockout is dismissed authorized by each union member, produced in
from the docket. thus, a subsequent strike/ evidence. The union has no authority to
lockout would be illegal compromise the individual claims of the
• Empowered to issue Subpoenas members who did not consent to the
settlement.
1. duces tecum (presentation of documents); or
• Compromise by a lawyer must be with SPA so
2. ad testi candum (attendance of the parties to that he can bind his clients;
the meeting) Presence of a lawyer not required in CA
• Information and statements made at the • Validity of a CA —
conciliation proceedings are privileged
communication and shall not be used as 1. Reality of the claim; and
evidence; conciliators not allowed to testify in 2. Good faith of the compromise, voluntarily
court or other bodies. agreed upon
• Upon failure to settle disputes, NCMB is • Quitclaims are null if against public policy
mandated to encourage the parties to submit XPN: if the agreement was voluntarily entered
their case to voluntary arbitration into and represents a reasonable settlement.
- Quitclaims are frowned upon
ART. 233 - ratio for invalidity: ER and the EE do not stand
COMPROMISE AGREEMENT (CA) on the same footing since this is usually in the
form of contracts of adhesion.
• Parties make reciprocal concessions, avoiding
litigation, adjust their dif culties by mutual - When valid, it can be set aside when the
consent in the manner which they agree on, and consideration is unconscionably low and
which everyone of them prefers to the hope of claimant are tricked into accepting the same
gaining, balanced by the danger of losing - Validity of waiver
• Final and binding upon the parties; if terms are i. The right exists
violated, execution is the proper remedy
ii. The person involved has knowledge of the
- Must be approved by the LA before whom existence of such right
the case is pending
iii. The said person has actual intention to
• Offer of CA is not an admission of guilt; relinquish such right
cannot be taken against the offeror
- Conditions for a valid quitclaim
• Judgment rendered in accordance with a CA is
i. Person waiving did so voluntarily
not appealable and is immediately executory
(via writ of execution) ii. He has full understanding of what he was
XPN: Motion to set aside the agreement on the doing
ground of fraud, mistake, or duress. If denied, iii. The consideration for the quitclaim is
appeal may be made. credible and reasonable
• CA not binding upon a party who did not iv. There is no fraud or deceit on the part of
participate any parties
• When made: At any stage of the proceedings; v. The contract is not contrary to L, PP, M, or
nal judgment would be novated GC
• Has the effect of res judicata upon its perfection, - Quitclaims executed by educated or
even if not judicially approved intelligent persons are valid
- Can only be rescinded on ground of vitiated
consent
ART. 234 — REPEALED
• NLRC or any court has no jurisdiction over
issues involved in a CA
XPNs: ART. 235.
1. Non-compliance of the CA or BLR has the power to issue subpoenas in exercise
of its jurisdiction

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 LABOR LAW 2, ATTY. BALINO, S.Y. 1920 CATALANJAM

4. It embraces the EEs in the appropriate
ART. 236 bargaining unit
SOLE may appoint additional personnel 5. It was not hastily entered into or prematurely
extended
6. It is for a de nite period
237. REGISTRY OF UNIONS AND FILE OF CA’S
- Representation - 5yrs;
REGISTRY OF UNIONS
- Renegotiation — 3yrs
• BLR shall keep a registry of legit labor orgs
(those registered w the DOLE) 7. No schism nor mass disaf liation that affects
the bargaining agent during the lifetime of
• Labor Organizations — any union of EEs in the
the CBA
private sector which exists in whole or in part for
the purpose of collective bargaining concerning 8. The contracting union is the certi ed
terms and conditions of employment collective bargaining agent in the bargaining
unit
9. The bargaining agent is not a captive union
Registration of the CBA’s; Procedure:
10.The CBA can be terminated/modi ed only
1. Within 30 days from exec of the CBA, the parties
during the 60-day freedom period
shall submit 2 signed copies to the BLR or the
RO of the DOLE for registration, with:
a. Veri ed proof of its posting in 2 conspicuous XPNs to the contract-bar rule
places in the work place; and 1. CBA is unregistered
b. Veri ed proof of its rati cation by the majority 2. CBA is inadequate or incomplete
of all the workers in the bargaining unit
3. CBA was hastily entered into
2. BLR or RO shall act upon the application within
5 days from receipt thereof 4. Withdrawal from the contracting union due to
RO shall furnish the BLR with a copy of the CBA schism or split, or mass disaf liation
within 5 days from its submission 5. M
3. BLR or RO shall assess the ER for every CBA, 6. M
reg fee/any amount deemed appropriate by 7. M
the SOLE
8. M
4. Issuance of cert of reg
9. M
10.M
Substantive validity of the CBA not affected by
non-registration. 11.The petition for cert. election is led within the
60-day period before the expiration of the CBA
• Ratio: It is a contract impressed with public
interest, thus may not be set aside on technical
grounds
• CBA is valid even without certi cation by the 239. PRIVILEGED COMMUNICATION
BLR TRANS
• Effect of non-registration: • Concurrent jurisdiction—antonym of original and
1. Will not bar certi cation election (inter-union) appellate

2. Cannot bar a referendum on the question of • 2 general functions of the BLR —

union af liation (intra-union) 1. Adjudicatory powers
2. Administrative powers — of keeping registration of
lab organization
• Labor org v. Legit lab org
238. PROHIBITION ON CERT. ELECTION
- Labor org — org for mutual aid and protection
Contract-bar rule
- Legit labor org — registered with the DOLE for the
• Existence of a duly registered CBA bars the purpose of CB
holding of a cert. election or any election that
• Are there instances when a group may be organized
may disturb the CBA
only for the mutual aid and protection, not necessarily
• Ratio: promote stability and fairness of CBAs within the same company — Workers’ association
• Requisites: - Not for the purpose of CBA
1. CBA has been duly executed • Without CBA, labor standards can protect the workers.

2. Rati ed by the majority of all the workers in - CBA adds something above the labor standards
the bargaining unit • Case: MONTAÑO v. VERCELES
3. It is adequate or complete for the t&c’s of - Locus standi of verceles: he was part of the
employment are not substandard federation

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 LABOR LAW 2, ATTY. BALINO, S.Y. 1920 CATALANJAM

- Montano was a rank and le ee whose candidacy ๏ Purpose of registering with the SEC: gives
for national federation of cer corporate personality
- montaño: BLR had no jurisdiction over the case as it ๏ Needed if they want to exercise corporate acts
was an election dispute ๏ Despite registration with the SEC, they cannot
- Verceles: BLR had jurisdiction because it was negotiate with the CBA

• Kinds of labor organizations • CONTRACT-BAR RULE: existence of a CBA bars the

application of cert election
1. Federation —
- CBA with Labor Org A led in the 50th day and BLR
- At least 10 chapters
accepted a petition for cert elec to
- purpose: money
- Is a CBA registered at the 50th day considered a
- Bene t from opening a local union: money valid CBA? NO. Because the
- How to register:
i. Proof that there are at least 10 chapters • Case: ALU v. Calleja
2. Independent labor union - Posting of the CBA is a requirement for its validity,
- How to register: and for the application of the contract-bar rule

i. Rati cation of 20% of the ee’s within the

bargaining unit • Case: Liberty v. Liberty Mills
✤ Why 20%: there will be other labor orgs to - Union security clause — power to dismiss someone
le for certi cation election for the violation of the by-laws of the union, subject
✤ Why ratify: to due process (with the ER)
๏ e.g. non-payment of dues

• Case: Magbanua v. Uy - Doctrine: Even without registration, the CBA is

valid.
- The parties who won but did not compromise
questioned it - Despite the in rmity of the CBA, it was given force,
so why would there be a need to register with the
- Can there be a partial compromise? BLR? For the contract-bar rule, and other bar rules;
- Can there be a compromise during the nal and for the observance of the freedom period
executory stage?
๏ Technically, compromise cannot be made after • Case: Phil Skylanders v. NLRC
the case has already been submitted, but due to
the peculiar nature of labor cases, you can - When does the legal personality of af liated union
compromise up to the Court of Appeals (before acquired? Upon the issuance of certi cation
the PMC). - Purpose of af liation: broaden the collective
bargaining power

• SENA — Singe-entry approach - An organization can disaf liate any time

- When available: After ling a complaint with the LA, - When to disaf liate
automatically referred to the SENA ๏ Before the freedom period: 50% +1, or what the
- Additional rule for the speedy disposition of labor by-laws say
cases ๏ After the freedom period —
- SENA of cers are the staff in the DOLE that could
hear the matters amicably
• Case: Cirtek Employees v. Cirtek Electronics
- Done within 30 days
- Doctrine:
- Mandatory; without the referral
- Two aspects of CBA
- This will be an administrative remedy to be
๏ Economic — monetary, may be renegotiated
exhausted; failure to do so would be a ground for
after 3 years
MD for failure to comply with condition precedent
๏ Representation — renegated within the freedom
period
• Subpoena (order to produce documents or
- Effect: Award was imposed by way of CBA.
testamentary to form part of the evidence; ignoring a
subpoena — contempt) - GR: contract entered into by the parties
XPN: CBA is with public interest, thus, the state can
- Duces tecum — documents
impose proper t&c’s under the CBA
- Ad testi candum — testaments of witness

• Case: Phil Land Air

-

- Is there a requirement to register with the SEC

before you can register as a labor org? No.

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 LABOR LAW 2, ATTY. BALINO, S.Y. 1920 CATALANJAM

TITLE IV LABOR ORGANIZATIONS
CHAPTER 1 REGISTRATION AND
CANCELLATION
240. REQUIREMENTS OF REGISTRATION
REGISTRATION
• PURPOSE: to acquire the personality, rights,
and privileges guaranteed by statute; to protect
both labor and public
• Exercise of police power
• Legal personality acquired through registration
not subject to collateral attack in a petition for
certi cation election; but only in an
independent petition for cancellation
• LU’s registration with SEC may give them
juridical personality before the regular courts
but they may not enjoy the rights and privileges
granted to legit Lab orgs.

EFFECTS OF REGISTRATION
1. Right of representation (LU is authorized to
represent its members for the purpose of CBA)
2. Right to be certi ed as the exclusive CB agent in
the bargaining unit (to the exclusion of other
minority unions)
• Doctrine of union monopoly or the exclusive
right rule
3. Right to acquire and dispose of property
pursuant to the purpose embodied in its
constitution and by-laws
4. Right to sue and be sued in its own registered
name
5. Right to engage in activities which would
redound to the bene t of the members of the
union
6. Right to be exempted from taxes
7. Right to be furnished a copy of ER’s audited
nancial statements

LABOR ORGS REQUIRED TO REGISTER

1. Federation
2. National Union
3. Industry Union
4. Trade Union Center
- Any group of registered national unions or
federations organized for the mutual aid
and protection of its members
5. Independent Union
- Operates at the enterprise level which
acquired legal personality through
registration
- At least 20% of all the EEs in the
bargaining where it seeks to operate
should support its application for
registration only applies here
• Legal personality is acquired —

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 LABOR LAW 2, ATTY. BALINO, S.Y. 1920 CATALANJAM

1. For F, NU, IU, or Independent union — upon
issuance of certi cate of registration
2. For local chapter directly created by a F or NU
—
- Incomplete legal personality — upon
issuance of charter certi cation by the F/
NU which is only designed to le a petition
for cert elec
- Full legal personality — upon submission of
its charter cert and the docs required to
the DOLE

REFUSAL TO REGISTER: Ministerial duty of the

BLR compellable by Mandamus, not Certiorari

240. REQUIREMENTS OF REGISTRATION

RE

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 LABOR LAW 2, ATTY. BALINO, S.Y. 1920 CATALANJAM

PART 3 D. Election Protest
- Should be formalized befreo the Med-Arb
LO — labor org
within 5 days from the close of the election,
1. RIGHTS AND CONDITIONS OF MEMBERSHIP and must be decided within 20 days;
IN A LABOR ORG otherwise, deemed dismissed.
SUMMARY OF RIGHTS OF UNION MEMBERS: E. Expulsion
(PRRD)
- Penalty for erring of cers
1. Political right
- Done by the DOLE or BLR
• The member’s right to vote and be voted for,
subject to lawful provisions on quali cation F. Grounds for impeachment or expulsion (due
and disquali cations process of law must be observed)
2. Right over money matters 1. Failure to provide mandatory adequate labor
education and research services to members
• The member’s right:
of the LO
a. Against excessive fees; 2. Misuse or illegal disbursement of the labor
b. Against unauthorized collection of education and research fund
contributions or disbursements; 3. Any irregularities in the approval of the
c. To require adequate records of income resolutions on unauthorized compensation of
and of cers
expenses; 4. Membership in another labor union
d. Of access to nancial records; 5. Other culpable violation of the constitution
e. Vote on of cer’s compensation; and and by-laws of the union
f. Vote on proposed special assessment
and be deducted a special assessment FILING OF INTRA-UNION DISPUTE CASES
o n l y w i t h t h e m e m b e r ’s w r i t t e n
authorization • Jurisdiction: RD (RO of the DOLE) where the
union is domiciled
3. Right to information
• Appellate jurisdiction on grounds of GAOD and
• The member’s right to be informed about
gross incompetence: BLR, within 10 days; RD’s
the: decision will be stayed pending appeal.
a. Organization’s constitution and by-laws; • Who may le:
b. Collective bargaining agreement; and - If violation affects general membership —
c. Labor laws. “may” be signed by at least 30% of all the
4. Deliberative and decision-making right union members; or any member/s

• The member’s right to participate in

๏ 30% not mandatory
deliberations on major policy questions and - If violation affects only one — he alone can le
decide them by secret ballot. • The Complaint must also show on its face that
the administrative remedies provided for in their
constitution or by-laws have been exhausted, or
UNION OFFICERS are not readily available.
A. Quali cations
1. EE of the company where the union is
operating
2. Member of the union in good standing
3. Not have been convicted of a crime involving
moral turpitude, unless given absolute 2. RIGHTS OF LEGITIMATE LABOR ORGS
pardon
B. Disquali cations
1. Convicted of a crime involving moral
turpitude
2. Belongs to a subversive organization 3. RIGHT TO SELF-ORGANIZATION
3. Engaged in/directly in any subversive activity Refers to the right of workers and employees to
C. Election form, join or assist unions, organizations or
associations for purposes of collective bargaining
- Union members shall elect their of cers b
and/or for mutual aid and protection, including the
secret ballot in intervals of ve years
right to engage in peaceful concerted activities
- Submission of the EE’s name with the BLR is and participate in policy-decision making
not a condition sine qua non to enable him to processes affecting their rights and bene ts.
vote
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 LABOR LAW 2, ATTY. BALINO, S.Y. 1920 CATALANJAM

4. Personnel staff
EXTENT
1. The right to form, join or assist labor
organizations; and
2. The right to engage in lawful concerted
activities. (LC, Art. 257) 5. SEPARATION OF UNION DOCTRINE, NO
LONGER APPLICABLE AS OF ENACTMENT OF
RA9481

PURPOSE
1. Collective bargaining; and
2. Mutual aid and protection (LC, Art. 257)
6. NON-ABRIDGMENT OF RIGHT TO SELF-
ORGANIZATION
COVERAGE
1. For purposes of Collective Bargaining
• All persons employed in commercial,
industrial and agricultural enterprises and in
religious, charitable, medical or educational 7. RIGHT OF EE’S IN THE PUBLIC SECTOR
institutions whether operating for pro t 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. (LC, Art. 253)
2. For purposes of Mutual aid and Protection
• Ambulant, intermittent and itinerant workers,
self- employed people, rural workers and
those without any de nite employers may
form labor organizations for their mutual aid
and protection. (LC, Art. 253)
•

4. DOCTRINE OF NECESSARY IMPLICATION

The doctrine of necessary implication states that
what is implied in a statute is as much a part
thereof as that which is expressed.
The reason for ineligibility of managerial
employees to form, assist or join a labor union
equally applies to con dential employees. While
the Labor Code singles out managerial employees
as ineligible to join, under the doctrine of
necessary implication, con dential employees are
similarly disquali ed. (National Association of Trade
Unions - Republic Planters Bank Supervisors
Chapter v. Hon. Torres, G. R. No. 93468, December
29, 1994)
• Examples of Con dential Employees who could
not unionize:
1. Bank cashiers
2. Accounting personnel
3. Radio and telegraph operators who have
access to con dential information
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 LABOR LAW 2, ATTY. BALINO, S.Y. 1920 CATALANJAM

PART 4 • Burden of proof: on the Union
• Quantum of evidence required: Substantial
ART 258-260
evidence
UNFAIR LABOR PRACTICE (ULP)
- Such relevant evidence as a reasonable mind
SCOPE might accept as adequate to support a
• It only refers to acts that violate the right of conclusion
employees to self-organization and the - however, in the prosecution of criminal
observance of the CBA. Thus, without the offense, the quantum is proof beyond
element of self-organization, an act cannot be reasonable doubt
considered as ULP.
• It shall only include those enumerated in Arts.
259-260. LIABILITIES AND PENALTIES

• It is not subject to compromise agreement, in • ULP shall be punished with a

view of public interest. 1. ne (< P1,000 but > P10,000); or
• ULP can be committed even if the union is not 2. imprisonment (< 3 months, > 3 years); or
registered. 3. both
- Employer who interferes with the formation • Any criminal offense punished for ULP shall be
of a labor union and retaliation against the under the concurrent jurisdiction of the regular
employees’ exercise of their right to self- courts.
organization is guilty of ULP. (Samahan ng
mga Manggagawa sa Bandolino-LMLC, et. al
v. NLRC) UNFAIR LABOR PRACTICE BY EMPLOYERS
The following are the ULP committed by ERs:
ASPECTS 1. Interference, restraint, or coercion
1. CIVIL ASPECTS 2. Yellow dog condition
• Claims for actual, moral, exemplary, other 3. Contracting out of services
forms of damages; attorney’s fees; and other 4. Company unionism
forms of af rmative relief
5. D i s c r i m i n a t i o n f o r o r a g a i n s t u n i o n
• Jurisdiction: Labor Arbiters
membership
- They shall resolve such cases within 30
6. Discrimination because of testimony
days from the time they are submitted for
decision 7. Violation of duty to bargain
• Recovery of civil liability in the administrative 8. Paid negotiation
proceedings shall bar recovery under the 9. Gross violation of the CBA
Civil Code.
2. CRIMINAL ASPECTS
INTERFERENCE means to interfere with, restrain,
• There must rst be a nal judgment from the or coerce employees in the exercise of their right
administrative proceedings (LA) nding that to self-organization.
U L P w a s c o m m i tt e d b e f o re c r i m i n a l
• May be direct or indirect (conduct and
prosecution can be instituted.
statements of managerial or supervisory EEs)
- Such nal judgment shall not be binding in
• Unless there are circumstances which directly
the criminal case nor will it be considered
point to the interference of the company to the
an evidence of guilt, but merely as a proof
EEs right to self-organization, promotion,
of compliance.
demotion, or transfer of EEs is management
- When admin case is nal: When there is prerogative,
nothing left to be done
• Procedure: Go to the prosecutor’s of ce rst
YELLOW DOG CONDITION
๏ Note: In the migrant worker’s act — RTC
• It requires as a condition for employment that a
where the victim was recruited or residing,
person or an EE shall not join a labor
at his option
organization or shall withdraw from one to
• Prescriptive period: 1 year from the accrual of which he belongs. (Prohibition against
the ULP membership in union)
๏ Running of the 1-year prescription period • It is null and void because:
of the criminal offense shall be considered
1. It is contrary to public policy for being
interrupted.
tantamount to involuntary servitude;
2. It is entered without consideration for the EEs
PROSECUTION in waiving their right to self-organization; and

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 LABOR LAW 2, ATTY. BALINO, S.Y. 1920 CATALANJAM

3. E E s a r e c o e r c e d t o s i g n c o n t r a c t s CONTRACTING OUT OF SERVICES BEING
disadvantageous to their family. PERFORMED BY UNION MEMBERS is ULP if it
• This is one of the cases of an ULP that may be will interfere with, restrain or coerce EEs in the
committed without ER-EE relationship. exercise of their right to self-organization, but not
per se illegal as it is management prerogative.

TOTALITY OF CONDUCT TEST

ACTS OF DISCRIMINATION
• The culpability of ER’s remarks is to be
evaluated not only on the basis of their • Unequal treatment with regard to wages, hours
implications, but against the background of and of work, and other terms and condition of
in conjunction with collateral circumstances. employment in order to encourage or
discourage membership in any labor org.
• “Many little acts when totalized will place the
conduct in an ULP category” • Purpose: To ensure that union and non-union
members will be accorded fair and equal
treatment by ERs
RESTRAINT AND COERCION • Test: W/N the bene ts or privileges given to one
• May be economic, physical, or psychological. is not given to the other under similar or
i d e n t i c a l c o n d i t i o n s w h e n d i re c t e d t o
• e.g. isolating a union president to inhibit his
encourage or discourage union membership.
a c t i v i t i e s , p re v e n t i n g u n i o n m e e t i n g s ,
attempting to induce EEs to resign from a union • vs. Classi cation — not ULP because it merely
differentiates the EEs in accordance with their
respective jobs and accords them appropriate
CAPTIVE/COMPANY UNIONISM levels of bene ts due them by reason thereof
• To initiate, dominate, assist, or otherwise
interfere with the formation or administration of
REFUSAL TO BARGAIN
any labor organization, including the giving of
nancial or other support to it or to its • It is ULP as it violates the ER’s duty to bargain
organizers/supporters collectively, a mutual obligation
• Purpose: To protect EEs right to bargain • Acts that constitute RTB:
collectively through representatives of their 1. Run-away Shop;
choosing
- Transferring operation to elude the union;
• Essence: To prevent the establishment of the shop is put up to achieve an illegal
company unions. purpose (motivated by anti-union animus
• Forms: rather than for business reasons)
1. Initiation of the company union idea by: 2. Alleging that the union is irresponsible;
a. O u t r i g h t f o r m a t i o n o f E R o r h i s 3. Declining to deal with a certi ed bargaining
representatives; unit on ground that the unit was not
appropriate;
b. EE formation on outright demand or
in uence by ER; 4. Delaying negotiations by discussing
unrelated matters;
c. Managerially motivated formation by EEs
5. Questioning a union’s majority status after
2. Financial support to the union by:
having conceded to such;
a. ER defraying union expenses;
6. Refusal to accept requests to bargain (e.g.
b. Paying attorneys fees to the attorney who not answering the bargaining proposals of
drafted the constitution or bylaws of the the union);
union;
7. Rejecting a union’s claim to prove its majority
c. ER encouragement and assistance — status;
immediately granting exclusive
8. Sending bargaining representatives who are
recognition as bargaining agent without
not authorized to make any kind of
determining whether the union represents
agreements;
majority of the EEs;
9. Engaging in Surface Bargaining
d. Supervisory assistance — soliciting
membership, permitting union activities - Going through the motions of negotiating
during work time for coercing employees without any legal intent to reach an
to join the union by threats of dismissal or agreement
demotion
• Captive Unionism — when the ER becomes GROSS VIOLATIONS OF THE CBA
more friendly to the union. The ER captures the
union in a more subtle and sophisticated way • The violations of the CBA must be gross in order
than by controlling the union mechanism. to be considered as ULP. Simple violations of
the CBA shall be resolved as grievances under
the CBA.
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• “Gross violations” — agrant and/or malicious for continued employment until they are
refusal to comply with the economic provisions promoted or transferred out of the
of such agreement. bargaining unit or the agreement is
• CBAs are not merely contractual but is also terminated
impressed with public interest and the failure to 6. Agency Shop (Anti-free rider or anti-
comply in good faith to its economic terms hitchhiker)
constitutes ULP. - EEs who do not join the union myst pay
- e.g. wage increase under the CBA not agency fees as a condition of employment
granted EEs; bonus can be demanded as a to help defray the union expenses as a
matter of right bargaining agent for the group or all EEs.
7. Preferential Hiring Agreement
DISMISSAL FOR GIVING TESTIMONY - Agreement between the ER and the union
• It is ULP for an ER to dismiss, discharge or whereby the former is required to give
prejudice or discriminate against an EE for preference to the quali ed members of
having given or being about to give his the latter.
testimony under the Labor Code. - Absent any quali ed members, ER may
choose from outside the contracting union.

UNION SECURITY CLAUSE 8. Hiring Agreement

- ER is obliged to hire only those union
• Nothing in this code or in any other law shall
prevent the parties from requiring membership members without further agreement of
in a recognized CB agent as a condition of requiring union members to maintain their
employment, except those EEs who are already membership as condition sine qua non for
members of another union at the time of the employment
signing of the CBA 9. Modi ed Union Shop
• Forms: - Requires all new EEs to become union
1. Closed-Shop Agreement members for sometime after employment
but does not require present EEs to join
- Only union members can be hired by the the union.
company and they must remain as union
- Those who have become union members
members in good standing to retain
employment shall maintain their membership as a
condition of a continuous employment.
- Applies to persons to be hired or EEs not
- It cannot bind the minority union and the
yet members of any labor org
so-called conscientious objectors.
- Most prized achievement of unionism
10.Percentage Union Shop
- Exceptions:
- ER and union agree that the a certain
i. Members of minority unions; percentage of his union shall become
ii. EEs expressly excluded in CBA; union members in good standing.
iii. Religious objectors (e.g. members of 11.Union Recognition Clause or Exclusive
INC); Bargaining Rights (Exclusive rights rule,
doctrine of union monopoly)
iv. Con dential EEs
- The ER recognizes the majority union as
- Doubts resolved against the existence of a
the exclusive BA in the premises for all EEs
closed-shop
in the appropriate bargaining unit
2. Closed-shop with a Closed Union
12.Check-off Agreement
- Union membership is limited and entry of
- Allows the ER to withhold/deduct union
new members is restricted
dues from a member’s pay and transmit
3. Closed-shop with an Open Union the money directly to the union for its
- Union membership is open and entry of continuous existence.
new members is unlimited - Provision that strengthens any form of
4. Union Shop Agreement union security.
- Non-members may be hired but to retain
employment, must become union DUE PROCESS REQUIREMENTS
members after a certain period
• EE must be informed of the charges against
5. Maintenance of Membership h i m a n d h e m u s t h a v e a re a s o n a b l e
- EEs who are union members as of the opportunity to be heard (present his side in a
effective date of the agreement, or who controversy).
thereafter become members, must • ER must act in good faith, else he may be liable
maintain union membership as a condition for backwages.

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• ER must prove the ff: 4. Featherbedding Activities (make-work
1. Union security clause is applicable; activities)
• Coercive practices (strikes, boycotts or
2. Union demands for the enforcement of the
USC in the CBA; and extortion) for exacting/attempting to extract
from an ER compensation for services not
3. There is suf cient evidence to support the rendered or not intended to be rendered.
union’s decision to expel the union member.
• e.g. the union requires the ER to use an
excessive number of men of the job and to
AGENCY FEES (Fair-share fee) pay some men he is not using; union requires
the ER to pay stand-by EEs
• Maintenance of Treasury Shop is designed to
discourage free-riders — Requirements for valid • There is no featherbedding where the union
collection to non-members: demands payment of damages for breach of
contract under a color of right.
1. It is a reasonable fee equivalent to the dues
and other fees paid by members of the 5. To violate duty or refuse to bargain
recognized bargaining agent; collectively with the ER provided that it is the
representative of the EEs.
2. Such non-union members accept the bene ts
under the CBA; and • e.g. LO declares a strike to compel an ER to
negotiate a CBA with it during the pendency
3. The individual authorization required under
of a petition for certi cation election. It is
Art. 250 shall not apply to non-union
violative of the ER’s right to bargain
members.
collectively only with the representative.
• Nature: Not legally mandatory;
6. To grossly violate a CBA.
• Basis: Anchored on quasi-contactual obligation
(moral and legal bases) against unjust
enrichment. BLUE SKY BARGAINING is making exaggerated
[Holy Cross case ruling] or unreasonable proposals.
• Determined by the evidence presented by the
union as to its economic demands.
U N FA I R L A B O R P R A C T I C E B Y L A B O R
ORGANIZATIONS • The ER cannot close down the establishment on
ULP BY LOs: this ground, remedy is submitting dispute for
voluntary or compulsory arbitration.
1. To restrain or coerce EEs in the exercise of their
right to self-organization. However, LOs shall - The ER may le a complaint for ULP against
have the right to prescribe its own rules with the union for bargaining in bad faith. If found
respect to the acquisition or retention of guilty, ER may be entitled to civil and criminal
membership liabilities and may implement a lockout, but
not closure of establishment resulting to the
• Purpose: to avoid threats of reprisals against
permanent loss of the whole workforce.
EEs and their families during the course of
organizational campaign
• Ratio: Interference by LO in itself is in itself a
function of self-organization but if the
interference amounts to the restraint or
coercion, it becomes ULP.
• e.g. preventing EEs who do not want to join a
strike from going to work during the strike;
union agent pushing a non-striker against the
wall and threatening him with bodily harm
2. Sweetheart Doctrine — To ask for or accept
negotiation or Attorney’s fees from ER as part of
the settlement of any issue in the CB or any
other dispute.
• The resulting CBA is considered a sweetheart
contract which does not substantially
improve the EE’s wages and bene ts and
whose bene ts are far below those that are
provided by law.
3. To c a u s e / a t t e m p t t o c a u s e a n E R t o
discriminate against an EE.
• A union member may not be expelled from
the union, and consequently from his job, for
personal reasons or for causes foreign to the
closed shop agreement
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PART V 4. Contract of relative equality
- It is not only a process for xing the terms of
CBA
employment but also a contract providing for
BA — Bargaining agent a relative equality of bargaining power where
BU — bargaining unit the ER is compelled to deal with the EEs as a
group rather than as isolated individual
LU — labor union
5. Agency of participatory democracy
LLO — legit labor org
- It is an agency of participatory democracy in
LO — labor org labor relations because workers are allowed
CE — certi cation election to participate in policy and decision-making
PCE — petition for certi cation election processes with the management

COLLECTIVE BARGAINING AGREEMENT STANDARDS

CBA refers to the contract between a legitimate LU 1. Obligation to bargain collectively is Mutual
and the ER concerning: 2. The parties are required to meet and confer
1. wages, promptly and expeditiously and in good faith.
2. hours of work, and 3. The parties are required to bargain on
reasonable terms and conditions of
3. a l l o t h e r t e r m s a n d c o n d i t i o n s o f employment.
employment in a bargaining union.
4. They are required in good faith to negotiate an
• It is a contract executed upon request of either agreement.
the ER or the exclusive bargaining
representative incorporating the agreement 5. They must execute the contract incorporating
reached after negotiations. the agreement reached by the parties.
6. The duty to bargain does not compel any party
to agree to a proposal or to make any
NATURE OF CBA: A Continuous Process concession.
• It does not end with the execution of an
agreement.
CBA vs. EMPLOYMENT CONTRACT
• It requires both parties to deal with each other
with open and fair minds and sincerely CBA EMPLOYMENT CONTRACT
endeavor to ght the obstacles in the process to
stabilize ER-EE relationship. AS TO ER-EE RELATIONSHIP
Presupposes the existence Establishes the ER-EE
RATIO: To equalize the bargaining power of the of such relationship relationship
ER and the EE
AS TO PARTIES
• The workers bargain with their ER as a group
rather than as an individual EE, thus being Between the ER and the
Between the ER and union individual EE
protected from the evil schemes of ERs on the
terms and conditions. AS TO DURATION
• vs. Individual Bargaining — the EE is in the
weaker position Continues to be binding and Ends or terminates when the
effective as long as no new period xed therein expires
CA is entered into
CHARACTERISTICS
1. Continuing legal relationship
PROCEDURE IN COLLECTIVE BARGAINING
- Consists of a series of contract negotiations
STAGES IN CB
and of the day-to-day negotiations under the
grievance machinery procedure; does not 1. Preliminary process;
end with the signing of the CBA - Written notice for negotiation which must be
2. Process of adjustment clear and unequivocal; failure to submit reply
within 10 days is ULP
- Mutual accommodation between the ER and
the union in which acceptance is an 2. Negotiation process;
important ingredient - If ER fails to submit counter proposal, he will
- In good faith lose the right to bargain the t&cs of the CBA
3. Contract of reasonable bene ts 3. Conference;
- Should not provide for bene ts below the 4. Execution process;
standards provided by law, otherwise, it - Signing of the agreement
becomes a sweetheart contract
5. Publication for at least 5 days before rati cation;
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6. Rati cation by the majority of all the workers in • Pendency of cancellation proceeding against
the bargaining unit (not only by the union respondent Union is not a bar to set in motion
members) represented in the negotiation (not the mechanics of CB
necessary in case of arbitral award); • Lock, Stock and Barrel Rule (Kiok Loy Ruling)
7. Registration process; - The CBA proposed by the union may be
a. Requisites for registration; imposed lock, stock and barrel on ER who
b. Mandatory provisions; refused to negotiate a CBA. The ER which
violates the duty to CB loses its statutory right
c. Payment of P1000; to negotiate or renegotiate the terms and
d. 5 copies of CBA; and conditions of the CBA draft proposed but he
union. hence, the draft proposed by the
e. Proof of rati cation
union may be adopted as the CBA.
8. Administration process;
- The CBA shall be jointly administered by the
WHERE NO CBA EXISTS
management and the bargaining agent for a
period of 5 years • The performance of a mutual obligation —
9. Interpretation and application process; and 1. To meet and convene promptly and
expeditiously in good faith for the purpose of
10.Renegotiation
negotiating an agreement with respect to W,
H, O, including proposals for adjusting any
JURISDICTIONAL REQUIREMENTS grievances or questions arising from such
agreement;
• Posting of the CBA is mandatory; non-posting
renders CBA ineffective 2. To execute a contract incorporating such
agreements if requested by either party
1. For single-enterprise bargaining — CBA must
be posted in 2 conspicuous places in the • Limitations:
work premises for a t least 5 days prior to the 1. Th duty to CB does not compel any party to:
rati cation by the majority of the members of
a. Agree to a proposal;
the bargaining unit
b. Make a concession; or
2. For multi-employer bargaining — 2 signed
copies of the CBA must be posted for at least c. Make room for “take it or leave it” posture
5 days in 2 conspicuous areas in each 2. The parties cannot stipulate t&cs of
workplace of the ER units concerned; will employment which are below the labor
affect only EEs in the bargaining units that standards
have rati ed it
• CBA must be rati ed by the majority of the
members of the bargaining unit which is WHERE CBA EXISTS
represented by the CB agent in the bargaining • The duty to bargain means all of the above and
negotiations additionally, the obligation not to terminate or
• CBA must be registered with the BLR of the modify the CBA during its lifetime. But 60 days
DOLE; non-registration will not bar certi cation before the CBA expires, either party may notify
election the other in writing that it desires to terminate or
modify the agreement.
• CB is a continuous process.
• Negotiation process in CB
DUTY TO BARGAIN COLLECTIVELY
1. Written notice upon the other party with a
MEANING OF DUTY TO BARGAIN statement of proposals
COLLECTIVELY
2. Reply by the other party within 10 days with
• There must be ER-EE relationship for the duty to counterproposals
arise; absent such, there is no duty.
3. In case of difference, either party may request
• Jurisdictional pre-conditions for CB for a conference which must be held within
1. Possession of the status of majority 20 days from receipt of request
representation of the EEs’ representative in 4. If not settled, NCMB may upon request of
accordance with any of the means of either or both parties or at its own initiative,
selection or designation provided for by the encourage the parties to submit the dispute
LC; to a voluntary arbitrator;
2. Proof of major representation; 5. If not resolved, the parties may go to where
3. Demand to bargain under Art. 261(a) of the they want to resort to any other lawful means
LC;
4. The legit LO must the certi ed bargaining GOOD FAITH OR BAD FAITH BARGAINING IS A
agent in the bargaining unit QUESTION OF FACT

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• Examples of bad faith bargaining • GR: The existence of a valid CBA serves as a bar
1. Surface bargaining to the ling of a petition for certi cation election
or a motion for intervention.
2. Stalling the negotiation XPN: Within the freedom period or 60 days
3. Boulwareism — ULP that occurs: prior to the expiry date of the agreement.
๏ When the ER directly bargains with the EE, • Ratio: to ensure stability in the relationship of
disregarding the union the workers and the management
๏ The aim was to deal with the union
through the EEs rather than the EEs TERMS OF A CBA
through the union
ECONOMIC VS REPRESENTATION ASPECT
• Selling of the Company
• Economic aspect may include:
- GR: Where there is a bona de sale of the
1. Wages
company, wherein there is material and
substantial alteration in the enterprise, the 2. Family planning
new ER need not bargain 3. Effectivity of agreement
XPNs:
4. Other t&cs of employment
๏ Transaction is merger or consolidation
- 60-day period under Art. 264
๏ Transfer of assets and EEs leaves intact the
identity of the employing business - ER is a party
๏ There was collusion; sale in bad faith • Representation aspect
๏ Purchaser merely continues the business - the identity and majority of the status of the
of the transferor union that negotiated the CBA as the
exclusive bargaining agent of the
๏ There is express or implied agreement appropriate bargaining unit
• Successor-in-interest doctrine - Reckoned from the effectivity of the CBA
- GR: When an ER with an existing CBA is ๏ GR: No petition for cert elec may be
succeeded by another ER, the successor-in- entertained during the lifetime of the CBA
interest who is a buyer in good faith has no XPN: within the 60-day freedom period
liability to the EEs in continuing the
employment and the CBA, as a CBA is a - ER is not a party; political event between rival
contract in personam. unions
XPNs:
๏ Successor-in-interest expressly assumes FREEDOM PERIOD
the obligation • The 60-day period immediately preceding the
๏ The sale is a device to circumvent the expiration of the representation period of 5
obligation years.
๏ The sale was in bad faith • What may be done during the FP:
๏ Bona de sale of the company, subject to 1. A LU may disaf liate from the mother union
exceptions to form a local or independent union;
• Economic exigencies do not justify refusal to 2. A petition for Certi cation Election may be
bargain. led; and
• Bargaining to the point of deadlock or impasse 3. Either party can serve a written notice to
not necessarily bad faith (Deadlock/Impasse terminate or modify the agreement (on
presupposes reasonable effort in good faith renegotiable or non-representational aspect
bargaining but does not conclude an of the CBA)
agreement) • Vs. 60-day period (Art. 264, LC)
1. Over a mandatory subject matter — party may - “notice period” for the renegotiation of the
insist on bargaining and will not be construed expiring CBA on economic provisions; ER is a
as bargaining in bad faith party
- Ratio: duty to CB requires meeting and
convening on the t&cs of employment but
does not require assent to the other party’s DURATION OF THE CBA
proposals 1. With respect to the representation aspect — 5
2. Over a non-mandatory subject — party may years
not insist on bargaining to the point of 2. With respect to all other provisions (economic
impasse, otherwise, he will be construed as and non-economic other than
bargaining in bad faith representational) — the renegotiation shall
not be later than 3 years after its execution
CONTRACT-BAR RULE; FREEDOM PERIOD

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 LABOR LAW 2, ATTY. BALINO, S.Y. 1920 CATALANJAM

• All CBA terms and conditions in full force and GR: Regular courts have no authority to issue
effect beyond its expiration until a new CBA is injunction orders in cases involving or originating
executed. from labor disputes even if the complaint was led
• Retroactivity of the CBA — where the CBA is by non-striking EEs and the ER was made
voluntarily concluded by the parties: respondent. To hold otherwise is to sanction
splitting of jurisdiction which is obnoxious to the
1. If the new CBA is concluded and entered into orderly administration of justice. [266]
within 6 months from the expiration date —
the effectivity of the CBA shall retroact to the XPNs:
day immediately after the date of expiration 1. The NLRC has the power to enjoin or restrain
of the old CBA actual and threatened commission of any or all
2. If the new CBA is entered into beyond 6 prohibited unlawful acts, or to require the
months — the parties are given the right to performance of a particular act in any labor
negotiated the duration of the retroactivity dispute which, if not restrained or performed
forthwith, may cause grave or irreparable
• One-year extension of CBA approved by the damage
union in a referendum supervised by the DOLE
and accepted by the ER is valid. 2. When the labor organization or the ER engages
in any of the prohibited activities enumerated in
• Term of the CBA on the representation status Art. 279.
cannot go beyond 5 years, by express provision
of Art. 265. 3. A regular court may issue injunction to protect
the interest of neutral ERs in common situs
picketing, provided the injunction does not in
AUTOMATIC RENEWAL CLAUSE — any way curtail the right of the union to strike
APPLICABILITY and/or picket.
• The CBA shall remain effective and enforceable • Indispensable conditions for granting temporary
even after the expiration of the period xed by injunction relief:
the parties as long as no new agreement is a. Complaint alleges facts which appear to be
reached by them. satisfactory to establish a proper basis for
• Pertains only to the economic provisions of the injunction
CBA, not representation aspect. b. The injunction is reasonably necessary to
• Ratio: To avoid or prevent a situation where no protect the legal rights of the plaintiff
CBA at all would govern between the ER pending the litigation
company and the its EEs. • Without having led a notice of strike, it is a
prohibited activity. Injunctive relief is proper.
SUBSTITUTIONARY DOCTRINE • In cases of strikes/picketing, third parties or
innocent bystanders may secure a court
The EEs cannot revoke the validly executed CBA
injunction to protect their rights.
with their ER by the simple expedient of changing
their bargaining agent (labor union). The new 1. RIGHT TO STRIKE
agent must respect the contract up to its expiration GR: A strike cannot be enjoined, as it is the
date. They may, however, bargain for the most effective weapon used by labor in
shortening of said expiration date. protecting the rights of EEs.
XPNs:
a. The SOLE’s assumption of a labor dispute
SUSPENSION OF A CBA FOR A CERTAIN
in an industry indispensable to national
PERIOD
interest, for compulsory arbitration has the
• Parties may agree on the suspension of their effect of automatically enjoining the strike
CBA for a certain period for a two-fold purpose:
b. When trade unionism and strikes are
1. Promote industrial stability and predictability; utilized to violate existing laws, misuse of
and these tactics can be subject to judicial
2. A s s i g n s p e c i c t i m e t a b l e s w h e r e i n intervention in order to forestall grave
negotiations become a matter of rights and injury to a business enterprise
requirements. 2. LIWAYWAY PUBLISHING DOCTRINE
• This does not contravene the protection to labor Right to picket can be enjoined at the
policy of the Constitution as it was the result of instance of innocent bystanders.
voluntary collective negotiations.
• The notice to terminate or alter the provisions of ENTITIES OR PERSONS AUTHORIZED TO ISSUE
the CBA shall be led within the 60-day period INJUNCTIONS OR RESTRAINING ORDERS
prior to the expiration of the CBA.
1. Labor Arbiters [224]
2. NLRC or any division
INJUNCTION PROHIBITED
3. BLR

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 LABOR LAW 2, ATTY. BALINO, S.Y. 1920 CATALANJAM

4. President EXCLUSIVE BARGAINING REPRESENTATION
AND WORKERS PARTICIPATION IN POLICY
5. Secretary of Labor AND DECISION MAKING
RULE ON SOLICITATION OF QUESTIONS,
LABOR DISPUTE SUGGESTIONS, AND COMPLAINTS BY THE ER
FROM THE EES WHO ARE REPRESENTED BY A
• Includes controversy or matter concerning t&cs
UNION
of employment or the association or
representation of persons in negotiating, xing, GR: The ER may not solicit questions, suggestions,
maintaining, changing or arranging the t&cs of and complaints from EEs who are represented by a
employment, regardless of w/n the disputants union.
stand in the proximate relation of ERs and EEs. XPNs:
• Test: 1. The CB representative executes an agreement
1. As to nature – It depends on whether the waiving the right to be present on any occasion
dispute arises from Er-Ee relationship, when Ee grievances are being adjusted by the
although disputants need not be proximately Er; and
Er or Ee of another. 2. ER acts strictly within the terms of his waiver
2. As to subject matter – The test depends on agreement.
whether it concerns terms or conditions of
employment or association or representation
of persons in negotiating, xing, maintaining DOCTRINE OF UNION MONOPOLY
or changing terms or conditions of The CB agent is the only one that has the exclusive
employment. right and monopoly to bargain with the
• Type of labor disputes management on t&cs of employment to the
exclusion of other unions
1. Organizational or intra-union disputes —
arising from the organization of trade union
or internal disputes within the labor APPROPRIATE BARGAINING UNIT
organizations A group of EEs of a given ER for CB purposes,
2. Representation or inter-union disputes — have substantially mutual bargaining interests in
related with determination of the exclusive t&cs of employment that can assure them of the
bargaining agent of the EEs in an appropriate exercise of their CB rights.
BU for the CB purposes • Test to determine an appropriate CB unit:
3. Interest or economic disputes — from 1. Globe Election Doctrine — the express will or
negotiation on t&cs of employment which desire of the EEs
form part of a CBA
2. Community or Mutuality of Interest
4. Rights disputes — dealing with interpretation
or application of CBAs, union or individual EE - G e o g ra p h i c a l l o c at i o n , c o m p l e t e l y
grievances, including the enforcement of disregarded in order not to sacri ce
rights under the law or contract mutual interests of the EE
3. Prior CB History test
LABOR DISPUTE vs DEADLOCK 4. Similarity of Employment Status test
• LABOR DISPUTE - Temporary, seasonal, or probationary EEs
must be grouped separately from
- A labor dispute includes any controversy or permanent EEs
matter concerning:
• Con dential EEs are by practice and tradition
๏ Terms and conditions of employment, or identi ed with the supervisors; they are
๏ The association or representation of ineligible or form, assist, or join a LU bc of the
persons in negotiating, xing, maintaining, nature of their functions
changing or arranging the terms and • Presence of managerial EEs in LU is evidence of
conditions of employment company domination due to con ict of interest
๏ Regardless of whether the disputants
stand in the proximate relation of Er and
Ee. [LC, Art. 219(l)] ONE-COMPANY, ONE-UNION POLICY
• DEADLOCK GR: There should be one union in a company
XPN: Where the ER unit has to give way to the
- It is synonymous with impasse or a standstill other units like the craft unit, plant unit, or
which presupposes reasonable effort at good subdivision thereof etc, to assure EEs of the fullest
faith bargaining but despite noble intentions freedom in exercising their rights
does not conclude an agreement between
the parties.
EXCLUSIVE BARGAINING AGENT

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 LABOR LAW 2, ATTY. BALINO, S.Y. 1920 CATALANJAM

• The LO designated or selected by the majority - Failure to submit signatures is a ground for
of the EEs in an appropriate CB unit the denial the said petition, upon the
• An individual or group of EEs shall still have the discretion of the Med-Arbiter.
right at any time to present grievances to their
ER METHODS OF DETERMINING APPROPRIATE
• Determination of the EBA is a non-litigious BARGAINING UNIT
proceeding and shall be free from technicalities A. GLOBE DOCTRINE (Will of the EEs)
of law and procedure
- The desires of the EEs are relevant to the
• Modes of determination of representation determination of the appropriate bargaining
status: unit. While the desires of employees with
1. Request for certi cation as sole and exclusive respect to their inclusion in bargaining unit is
bargaining agent (SEBA); not controlling, it is a factor which would be
2. Consent election taken into consideration in reaching a
decision.
3. Certi cation election;
B. SIMILARITY OR COMMUNITY OF INTEREST
4. Run-off election; and
- The EEs sought to be represented by the CB
5. Re-run election agent must have substantial mutual interest
in terms of employment and working
condition as evinced by the type of work they
perform.
PETITION FOR CERTIFICATION ELECTION (PCE)
C. PRIOR COLLECTIVE-BARGAINING HISTORY
FACTORS IN DETERMINING THE APPROPRIATE
BARGAINING UNIT - Bargaining history not a decisive factor in the
determination of appropriateness of
A. SINGLE vs. MULTI-EMPLOYER BARGAINING bargaining unit. Other factors must be
considered.
SINGLE MULTI-EMPLOYER
D. EMPLOYMENT STATUS, such as temporary,
Involves negotiation Involves negotiation seasonal, and probationary EE.
between one certi ed labor between and among several
union and one ER labor unions and ERs - Casual EEs and those employed on an day-
to-day basis do not have the mutuality or
community of interest with regular
permanent EEs.
B. O R G A N I Z E D E S T A B L I S H M E N T S v s .
UNORGANIZED ESTABLISHMENTS
CERTIFICATION ELECTION
ORGANIZED UNORGANIZED
A. CONCEPT
BU with recognized or certi ed BU with NO - It is the process of determining through
bargaining agent. recognized or
certi ed bargaining secret ballot, the sole and exclusive
agent. It does not bargaining agent of the ER in an appropriate
necessarily refer to an BU, for purposes of CB.
entire company.
REQUISITES B. PROCEDURES

The Med-Arbiter is required to The certi cation - WHO may le:

automatically order the conduct of election shall be i. Any legitimate LU, including a national
a CE by secret ballot in an automatically union/federation that has issued a charter
organized establishment as soon conducted upon the cert to its local/chapter; OR the local/
as the following requisites are met: ling of a PCE by a chapter itself.
1. A petition questioning the LLO.
majority status of the ‣ Form: in writing and veri ed under oath
incumbent bargaining agent is by the president of the LO or of the
led before the DOLE within president of the federation/national
the 60-day freedom period; union
2. Such petition is veri ed; ii. An ER may le a petition (with RO) when
3. The petition is supported by the requested to bargain collectively in a BU
written consent of at least 25%
of all the EEs in the bargaining where no registered CBA exists. However,
unit.* his participation is limited only.
‣ Form: in writing and veri ed by the
• *ORGANIZED owner or president of the company
- Filing of the 25% consent signature in the - WHERE to le: Regional Of ce which issued
PCE should be led together with the PCE; or the petitioning union’s certi cate of
after it within a reasonable period of time. registration or of creation of chartered local.

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 LABOR LAW 2, ATTY. BALINO, S.Y. 1920 CATALANJAM

It shall be heard and resolved by the Med-
Arbiter.
- Where there are two or more petitions
involving the same BU are led, they shall be
consolidated with the Med-Arbiter who rst
acquired jurisdiction, even if led in different
regional of ces.
- WHEN to le:
๏ GR: Anytime
XPNs:
i. When a valid certi cation/consent/run-
off election has been conducted within
the BU 1year prior to the ling of the
PCE.
‣ XPN: when an appeal has been led
(appeal tolls the 1-year)
ii. When the duly certi ed union has
commenced and sustained negotiations
in good faith with the ER in accordance
with Art. 261 within 1yr.
iii. When a bargaining deadlock to which
an incumbent or certi ed bargaining
agent is a party but had been submitted
to conciliation or arbitration or had
become the subject of a valid notice of
strike or lockout.
iv. When a CBA between the ER and duly
recognized bargaining agent has been
registered in accordance with Art. 237.
Where such CBA is registered, the
petition may be led only within 60 days
prior to its expiry.

• NOTES ON PROCEDURE:
- Incumbent BA shall automatically be one of
the choices in the CE as forced intervenor. It
does not lose its representative status until
replaced.
๏ Any LLO other than the incumbent BA may
le a motion for intervention during the
freedom period of the CBA.
- Any party-in-interest may le a protest based
on the conduct or mechanics of the election.
- Certi cation of CBA — the union which
obtained the majority of the votes shall be
certi ed as the exclusive BA of all the EEs
within 5 days from the election day, provided
no protest is recorded in the minutes of the
election.
- Failure of Election is where the number of
votes cast is less than the majority of the

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 LABOR LAW 2, ATTY. BALINO, S.Y. 1920 CATALANJAM

number of eligible voters and there are no • In both instances, the no union is also a choice.
material challenged votes.
๏ Effect: it shall not bar the ling of a motion ONE COMPANY, ONE UNION POLICY
for the immediate holding of another
certi cation/consent election within 6 mos • One ER enterprise should constitute only one
from the date of declaration of such bargaining unit because the more solid the
failure. employees are, the stronger their bargaining
capacity.
• It is the policy of the BLR to encourage the
C. NO UNION formation of an employer unit.
- If the elections disclose that the majority do
not wish to be represented by any union, no
union may be properly certi ed, and the REQUEST FOR SOLE AND EXCLUSIVE
minority of the workers who wish to have a BARGAINING AGENT CERTIFICATION (SEBA)
union represent them cannot impose their • SEBA Certi cation is a process where a union
will upon the majority. requests the DOLE regional director to
recognize and certify the union as the SEBA
(sole and exclusive bargaining agent) of the BU
REQUISITES BEFORE A LU CAN BE DECLARED A it purports to represent for purposes of
WINNER (DOUBLE MAJORITY) collective bargaining with the employer.
• For there to be a valid CE, two majorities must • Conditions:
be complied with:
1. The bargaining unit is not unionized;
1. Valid election. Majority of the BU must have
voted; and 2. The requesting union is the only union in that
bargaining unit;
- Determine the eligible votes cast,
including spoiled ballots (torn, defaced or 3. The CBU majority are members of the union.
with markings which can lead another to
clearly identify the voter who casts such • Effect of SEBA Certi cation
vote).
1. The certi ed union shall enjoy all the rights
2. Winning union. The winning union must have and privileges of an exclusive BA of all the
garnered majority of the valid votes. EEs in the covered BU.
- Eliminate spoiled votes but include 2. It shall bar the ling of a PCE by any LO for a
challenged votes. period of 1 yr from the date of its issuance.

RUN-OFF ELECTION ER AS A BYSTANDER

• Takes place between the unions who received GR: The CE is the sole concern of the workers.
two highest number of votes in a CE with 3 or XPN: when the ER itself has to le the PCE
more choices, where not one of the unions pursuant to Art. 270, but after such ling, its role in
obtained the majority of the valid votes cast, the certi cation process ceases and becomes
provided that the total union votes is at least merely a bystander.
50% of the votes cast. Ratio: The EEs’ bargaining representative should
- If the No Union option wins, no run-off. be chosen free from any extraneous in uence of
• Requisites: the management. The BA must owe its loyalty to
the EEs alone.
1. An election was conducted with three or
more choices
2. None of the contending union obtained the RULES THAT PREVENT THE HOLDING OF A
CERTIFICATION ELECTION
required majority vote of 50% + 1 of the valid
votes cast CONTRACT BAR RULE
3. There are no objections or challenges that • A PCE may not be led when a CBA between
can alter the results materially the ER and a duly recognized or certi ed BA has
been registered with the BLR in accordance with
4. The number of votes received by all the Labor Code. Where the CBA duly
contending unions when added together registered, a PCE may be led within the 60-day
amounts to at least 50% of the total votes cast freedom period prior to its expiry.
- To bar a CE, it is no longer necessary that the
RERUN ELECTION CBA be “certi ed”; it is enough that it is
• There are three instances of Re-Run: registered in accordance with Article 237.

1. Failure on certi cation on election declared • Purpose: to ensure stability in the relationship of
by the election of cer; the EEs and the ER by preventing frequent
modi cations of any CBA entered into by them
2. Tie between two unions;

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 LABOR LAW 2, ATTY. BALINO, S.Y. 1920 CATALANJAM

in good faith and for the stipulated original
period. DEADLOCK BAR RULE
• Requisites • A PCE may not be entertained when a
1. It must contain substantial terms and bargaining deadlock to which an incumbent or
conditions of employment suf cient to certi ed BA is a party has been submitted to
stabilize the bargaining relationship; conciliation or has become the subject of a valid
2. It must be signed by the parties; and notice of strike or lockout.

3. The effective date and expiration date must - Th e E R ’s c o n t i n u i n g a c t o f e v a d i n g

be readily discernible on the face of the negotiation with the certi ed bargaining
contract. union is tantamount to a bargaining
deadlock.
• This is applied on extended CBA under
deadlock. • An Arti cial Deadlock is a deadlock pre-
arranged or preserved by collusion of the ER
• This does NOT apply in the ff: and the majority union. Signs of Arti cial
1. The CBA is unregistered, inadequate or Deadlock includes failure of the union to resort
incomplete. to conciliation, failure to charge the Er ULP or
failure to le a notice of strike despite the
2. Where the CBA, despite its due registration,
deadlock.
is found in appropriate proceedings that (a) it
contains provisions lower than the standards
xed by law; or (b) the documents supporting NEGOTIATION BAR RULE
its registration are falsi ed, fraudulent or
tainted with misrepresentation. • No PCE should be entertained while the sole
and exclusive BA and the ER have commenced
3. The CBA is hastily entered into. and sustained negotiations in good faith within
4. Where there is an automatic renewal the period of 1 year from the date of a valid
provision in the CBA but prior to the date certi cation, consent, run-off, re-run or from the
when such automatic renewal became date of voluntary recognition.
e ff e c t i v e , t h e E R s ea s o n a b l y l e d a • Once the CBA negotiations have commenced
manifestation with the BLR of its intention to and while the parties are in the process of
terminate the said agreement if and when it is negotiating the terms and conditions of the
established that the BA does not represent CBA, no challenging union is allowed to le a
anymore the majority of the workers in the PCE that would disturb the process and unduly
bargaining unit. forestall the early conclusion of the agreement.
5. Withdrawal of af liation from the contracting • If after the lapse of 12 months, they failed to
union brought about by schism or split or commence the negotiation, the EEs’ wish to
mass disaf liation which can no longer foster have a CBA is defeated. Hence, another union
industrial peace and stability. can petition again for a CE to replace the
6. Where the identity of the representative is in unproductive bargaining agent.
doubt.
7. When the CBA is entered into during the CERTIFICATION YEAR BAR RULE (12-month Bar
pendency of a PCE. Rule)
8. Where the CBA does not foster industrial • A PCE may not be led within 1 year from the
stability, such as contracts where the identity date a valid certi cation, consent, run-off or re-
of the BA is in doubt since the ER extended run election has been conducted within the
direct recognition to the union and bargaining unit.
conducted a CBA therewith less than 1 year
from the time a CE was conducted where the • The same ban applies if “No Union” won in the
“no union” vote won. previous election.

- This situation obtains in a case where the • In cases of invalid elections or failure of
company entered into a CBA with the elections, a re-run election will be held within six
union when its status as exclusive (6) months.
bargaining agent of the employees has
not been established yet. PETITION OUTSIDE FREEDOM PERIOD
9. Where the CBA was registered before or • The Freedom Period is the 60-day period
during the last 60 days of a subsisting immediately preceding the expiration of 5 years
agreement or during the pendency of a in the CBA.
representation case.
• vs. 60-day Period (Art. 264) which is the “notice
- It is well-settled that the 60-day freedom
period” for renegotiation of an expiring CBA
period based on the original CBA should which contains economic provisions.
not be affected by any amendment,
extension or renewal of the CBA for
purposes of CE.

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 LABOR LAW 2, ATTY. BALINO, S.Y. 1920 CATALANJAM

GRIEVANCE MACHINERY AND VOLUNTARY 2. To encourage the parties to enter into
ARBITRATION stipulation of facts.
CONCEPT - Requisites:
• The parties to a CBA shall establish a i. Reduced in writing;
mechanism or machinery for the expeditious
resolution of grievances arising from the ii. Signed by the parties;
interpretation or implementation of the CBA iii. Shall form part of the records of the
and those arising from the interpretation or case.
enforcement of company personnel policies. • Powers of a VA: (quasi-judicial nature)
Unresolved grievances will be referred to a
voluntary arbitration and for this purpose, 1. Require a person to attend hearings;
parties to the CBA will name the voluntary 2. Subpoena witnesses and receive documents;
arbitrators.
3. Take whatever action is necessary to resolve
• Subject matter: the issues of the dispute; and
1. D i s p u t e s o n t h e i n t e r p r e t a t i o n / 4. Issue a writ of execution to enforce nal
implementation of the CBA; and decisions.
2. Disputes on the interpretation/enforcement • Exclusive and Original Jurisdiction of the VA:*
of company personnel policies
1. Unresolved grievances arising from the
• Constitutional basis: interpretation/implementation of the CBA;
- The State is mandated to “promote the 2. Unresolved grievances arising from the
principle of shared responsibility between interpretation/implementation of company
the ER and the EEs and the preferential use of personnel policies;
voluntary modes in settling disputes
3. Wage distortion issues arising from the
including conciliation, and shall enforce their
application of any wage orders in organized
mutual compliance therewith to foster
establishments; and
industrial peace. “
4. Unresolved grievances arising from the
• Purpose: to promote and emphasize the
interpretation/implementation of the
primacy of free CB and negotiations as modes
Productivity Incentive Programs under RA No.
of settling labor or industrial disputes.
6971
- Nos. 1-3 are Rights Disputes.
J U R I S D I C T I O N O F T H E V O LU N TA R Y
• *Additional Jurisdiction of VA under Art. 274:
ARBITRATOR (VA)
5. Violations of the CBA that not gross (simple);
• Voluntary Arbitration is a mode of settling labor-
management disputes by which the parties 6. Other labor disputes, including ULP,
select a competent, trained, and impartial bargaining deadlocks, upon agreement of
persons who shall decide on the merits of the the parties;
case and whose decisions in nal, executory and 7. National interest cases;
unappealable.
• Concurrent Jurisdiction
- Vs. Compulsory Arbitration
- The VA, upon agreement of the parties, shall
๏ Settlement of labor disputes by a gov't also hear and decide all other labor disputes
agency which has the authority to including ULP and bargaining deadlocks
investigate and make award binding on all before or at any stage of compulsory
the parties. Labor Arbiter is clothed with arbitration.
the authority to conduct compulsory
• Jurisdiction by Agreement of the Parties:
aribitration on cases involving termination
disputes. - The disputes that the parties may submit to a
VA can include any or all the disputes under
- Refers to:
Art. 224 which otherwise fall under the
a. Any person named or designated in the exclusive jurisdiction of the LA.
CBA by the parties as their VA;
• Referral to VAs:
b. One chosen by the parties with/without
1. All grievances not settled within 7 calendar
the assistance of the NCM, through a
days from the date of submission for
selection procedure under the CBA;
resolution shall automatically be referred to
c. Once appointed by the NCMB in case VA; and
either of the parties to the CBA refuses to
2. Cases falling within the exclusive and original
submit to voluntary arbitration;
jurisdiction of the VAs but led with the NLRC
d. Any person accredited by the NCMB. or DOLE shall be decided by the VAs upon
• Duties of a VA: referral of such cases.
1. To conciliate and mediate.
SUBJECT MATTER

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 LABOR LAW 2, ATTY. BALINO, S.Y. 1920 CATALANJAM

• Unresolved Grievances; instances:
1. A decision/resolution was rendered thereon
through the various steps of the grievance
machinery and either/both parties are not
satis ed; or
2. No action at all was taken thereon within 7
days from its submission for resolution.
• Violations of CBA
- Ordinary violations of a CBA which involves
non-economic provisions, and violation of
economic provisions which are not gross in
character are grievable issues.
๏ vs. Gross violations — agrant and/or
malicious refusal to comply with the econ
provisions of the CBA.

PROCEDURES AND REMEDIES

• How to initiate arbitration:
1. Submission Agreement – Where the parties
de ne the disputes to be resolved
2. Demand/Notice to arbitrate – Invoking
collective agreement arbitration clause
• Co s t o f Vo l u n t a r y A r b i t ra t i o n t o b e
determined by the CBA provision.
• Motion for Reconsideration
- As a GR, pursuant to Section 7, Rule XIX of
D.O. No. No. 40-03, decision, order,
resolution or award of the voluntary arbitrator
shall not be subject of a motion for
reconsideration. However, this rule cannot
stand in a petition for a writ of certiorari
because such petition inherently requires
having led a motion for reconsideration. NATIONAL CONCILIATION AND MEDIATION
[Coca-Cola Bottlers Phil., etc. v. Coca-Cola BOARD (NCMB)
(G.R. No. 155651)]. NCMB is an agency attached to the DOLE
• Period of Appeal: 10 days. pricipally incharge of the settlement of labor
disputes through conciliation, mediation, and the
promotion of voluntary approaches to labor
dispute prevention and settlement.
• Conciliator-Mediator
• Not a quasi-judicial agency. thus, its decision
cannot be elevated to the CA via Rule 43.

CONCILIATION vs. MEDIATION

CONCILIATION MEDIATION
Mild form of intervention by Mild form of intervention
a neutral third party by a neutral third party
(Conciliator-mediator) who (Conciliator-mediator) who
takes an active role in advises the parties or offers
assisting parties by trying to solutions or alternatives to
keep them talking, facilitating the problems of the
other procedural niceties, parties, with an end in view
carrying messages back and of assisting them towards
forth, and generally being a voluntarily reaching their
good fellow who tries to keep own mutually acceptable
things calm and forward- settlement of dispute.
looking in a tensed situation.

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 LABOR LAW 2, ATTY. BALINO, S.Y. 1920 CATALANJAM

PREVENTIVE MEDIATION h. Legal
• This covers potential labor cases which are the i. Illegal
subject of formal/informal request for i. Contrary to a speci c prohibition of law
conciliation and mediation assistance sought by
either or both parties or upon the initiative of ii. Violates a speci c requirement of law
NCMB to avoid the occurence of actual labor iii. Declared for an unlawful purpose
disputes. The issues may either be strikeable or
iv. Employs unlawful means
non-strikeable.
v. In violation of an existing injunction
• How to initiate:
vi. Contrary to an existing agreement
1. By ling a notice or request; or
j. ULP
- Filed with the NCMB-DOLE informing it of
its desire to submit the issues to k. Economic
concilation l. Temporary (concise) stoppage of work
2. By conversion of the notice of strike/lockout m.Union recognition strike
into a preventive mediation case.
n. Lightning strike
- The NCMB may motu proprio convert it to
preventive mediation or alternatively, refer
the issues to Voluntary arbitration. REQUIREMENTS FOR STRIKE/LOCKOUT
• Substantive requirements:
STRIKES AND LOCKOUTS 1. Collective Bargaining Deadlock (CBD);
RIGHT TO STRIKE AND LOCKOUT and/or

• The right to strike is a constitutional and legal 2. Unfair Labor Practices (ULP) - Includes
right of the EEs in the same manner that the ERs agrant and/or malicious refusal to comply
have the inherent and statutory right to lockout, with the economic provisions of the CBA.
all within the context of labor relations and
collective bargaining. • Procedural requirements:
• It is a means of last resort and presupposes that 1. Filing a Notice of Strike or Lockout
the duty to bargain in good faith has been
ful lled and other voluntary modes of dispute
settlement have been tried and exhausted. ASSUMPTION BY THE SOLE
• NOT absolute. The exercise of these rights is PROHIBITED ACTIVITIES
subject to reasonable restrictions pursuant to LIABILITIES
the police power of the State. It has been held
ARREST AND DETENTION
that the right to strike, because of the more
serious impact upon the public interest, is more ASSUMPTION OF JURISDICTION
vulnerable to regulation than the right to
organize and select representatives for
purposes of CB
• Purpose of strike: To put economic pressure
upon the ER so that he will accede to the
demands of the union.

CLASSIFICATIONS
• Kinds of strikes
1. Accdg to basis of initiation
a. Authorized — called upon and approved
my majority of the union membership
b. Unauthorized (wildcat) — without majority
approval
2. Accdg to basis of scope
a. General
b. Particular
c. Quickie
d. Sitdown
e. Ordinary
f. Sympathetic
g. Political
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