0% found this document useful (0 votes)
29 views

PHR 326 - Module For Week No.17

Uploaded by

Moharif Sultan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
29 views

PHR 326 - Module For Week No.17

Uploaded by

Moharif Sultan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 15

Labor Relations and Negotiations Page 1 of 15

Unfair Labor Practice

Topic: Unfair Labor Practice

Welcome Notes:
WELCOME BSBA STUDENTS!!!
Get ready to be challenged…
Learn something new everyday by adapting the
‘New Normal’

I. INTRODUCTION:
This lesson allows you to understand unfair labor practices existing in the Philippine labor arena.
Unfair labor practices are injustices happening worldwide. It is Unfair labor practice refers to actions
which violate relevant employment legislation regarding transgression carried out on by an employer
or a union.
II. OBJECTIVES:
At the end of this module, you should be able to:
1. define what Unfair Labor Practice is and
2. discover the unfair labor practices in real life scenarios.

III. PRELIMINARY ACTIVITIES:

Before you proceed to the main lesson, test yourself with this activity.

Instruction: Ponder on the following picture. What can you say about it?
Labor Relations and Negotiations Page 2 of 15
Unfair Labor Practice
https://www.philstar.com/opinion/2018/10/08/1858131/editorial-decent-jobs
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________

GREAT!!!
You may now proceed to the main lesson.

IV. LESSON PROPER


Let’s begin!

Based on the preliminary activities, what did you notice about it?
________________________________________________________
CONGRATULATIONS!
You may now proceed to the lesson.

Lesson 17: UNFAIR LABOR PRACTICE


UNFAIR LABOR PRACTICE (ULP)

Concept and Procedure for Prosecution of the ULP

Article 247 of the Labor Code as amended provides:


"Unfair labor Practice violates the constitutional rights of workers and employees to self
organization are inimical to legitimate interests of both labor and management including their right to
bargain collectively and otherwise deal with each other in an atmosphere of freedom and mutual respect,
disrupt industrial peace and hinder the promotion of healthy and stable management relations"

Consequently, unfair labor practice is not only a violation of the civil rights of both labor and
management but also criminal offenses against the state which shall be subject to prosecution and
punishment as herein provided.

Subject to the exercise by the President or the Secretary of Labor and Employment of the powers
vested in them under Articles 277 and 278 of this Code, the Civil aspects of all cases involving Unfair Labor
Labor Relations and Negotiations Page 3 of 15
Unfair Labor Practice
Practices, which may include claims for actual, moral, exemplary and other forms of damages, attorney's
tees and other affirmative relief shall be under the jurisdiction of the Labor Arbiters.

The Labor Arbiters shall give utmost priority to the hearing and resolution of all cases involving
Unfair Labor Practices. They shall resolve such cases within thirty (30) days from the time they are
submitted for decision.

Recovery of civil liability in the administrative proceedings shall bar recovery under the Civil Code. No
criminal prosecution under this title may be instituted without a final judgment finding that an Unfair Labor
Practice was committed, having been first obtained in the preceding paragraph.

During the pendency of such administrative proceedings, the running of the period of prescription
of the criminal offense herein penalized shall be considered interrupted. Provided however that the final
judgment in the administrative proceedings shall not be binding in criminal case nor be considered as
evidence of guilt but merely as proof of compliance with the requirement therein set forth (as amended by
BP blg. 70 May 1. 1980 and later by RA 6715. Sec 19. March 21. 1989).

ULP, Its Nature


Unfair Labor Practice refers to act that violate the workers' rights to organize. The prohibited acts
are related to the workers’ rights to sell organization, and to the observance of a Collective Bargaining
Agreement. Without said elements, the acts even if unfair are not Unfair Labor Practice (General Santos
Coca-Cola Plant Free Workers Union-TUPAS vs. Coca-Cola Bottlers Phils. CA and NLRC GR No 178647
February 13, 2009)

ULP Committed by Employer


ULP is committed by the employer where it has orchestrated activities to subvert certification election
showing interference in the rights to sell organization such as:
1. sponsoring field trip of the employees to the exclusion of Union members,
2. campaigning against incumbent union as the bargaining agent during the said field trip
3. escorting the employees to the polling places,
4. continuous hiring of subcontractors.
5. discriminating union members as to work assignment and
6. enforcing rotation basis policy as to the union members (T & H Shopfitters Corp/Gin Queen Corp.
et al vs. T & H Shopfitters Corp /gin Queen Workers Union, et al GR No 191714 February 26,
2014)
Labor Relations and Negotiations Page 4 of 15
Unfair Labor Practice
Refusal to Bargain / Promotion of Non-Union Members
From the employer's refusal to bargain, to their acts of economic inducements resulting in the
promotion of those who withdrew from the union, the use of armed guards to prevent the organizers to
come in, and the dismissal of union officials and members are clear acts of interference of the workers right
to unionized (Hacienda Fatima vs. National Federation of Sugar Cane Workers-food and Gen. Trade, GR
No.
149440, January 28, 2003).

Refusal to bargain with the Unregistered Union is not ULP on the part of the Employer
Not being a legitimate labor organization, such union is not entitled to those rights granted to a
legitimate labor organization under the Labor Code (Eden Gladys Abania, et al vs. NLRC GR No 154113.
December 7, 2011)

Test whether the Employer committed ULP or Not


The test of whether an employer has committed ULP or not is whether his or its conduct may
reasonably be said to tend interfering with the free exercise by the employees of their rights to self
organization even it without direct evidence to that effect.

It being sufficient to reasonably inter that the and unions conduct of the employer have adverse effect on
employees self organization and collective bargaining (Insular Lite Assurance Co Ltd Employers Assn
NATU vs Insular Life Assurance Co. Ltd 37 SCRA 244)

Unfair Labor Practice by Labor Organization


An employee who was critical of the union irregular disbursement of union fund resigned his
membership from the union. Hence he was separated from the service due to union security clause in the
CBA. Thereby the employee sought readmission to the union which the latter refused. The Supreme Court
ruled it was ULP committed by the Labor Organization (Salunga vs CIR 21. SCRA 216)

Union Security Clause to be exercised with Prudence

An employee made a remark "wala akong tiwala sa Union nyo", The union then demanded her
dismissal which the company acceded based on union security clause in the CBA. The court found ULP on
that part of the Union saying: "Union security clauses are also governed by law and by principle of justice,
fair play and legality. Union security clauses cannot be used by union officials against an employer much
less their own members, except with high sense of responsibility, fairness, prudence and judiciousness"
(Manila Mandarin Employees Umon us NLRC 154. SCRA 368)

Union is Guilty of ULP when it went to Strike without Resorting First of the Grievance Mechanism in
consonance with the CBA
A strike which is in violation of the CBA provision on "No strike / No Lockout Policy" is illegal,
especially when such terms provides for conclusive arbitration (Liberal Labor Union vs Phil Can Co 91 Phil
Labor Relations and Negotiations Page 5 of 15
Unfair Labor Practice
72).

The union is guilty of ULP because it went on strike instead of exhausting all the steps provided in the
grievance machinery of the CBA in order to resolve the dispute amicably (Phil Airlines vs PAL Employees
Assn L-8197 October 31 1958)

Unfair Labor Practice (ULP) in Collective Bargaining


The following acts are considered Unfair Labor Practice (ULP) in Collective Bargaining:
1. Bargaining in bad faith

2. Refusal to bargain

3. Individual bargaining, and

4. Gross violation of the CBA

Bargaining in Bad Faith


Good faith is presumed and he who alleges bad faith has to prove the same (Central Azucarera De
Bais Employees Union - NFL (Cebu-NFL) vs Central Azucarera De Bais Inc (CAB) GR No. 186605 Nov 17
2010). This means that the burden of proof belongs to those who alleges bad faith in someone’s actions or
behavior.

The effect of an employer's or union s actions individually is not the test of good faith (bad faith) bargaining,
but the impact of all such occasions on actions, considered as a whole (Gen Milling Corp vs CA Gen Milling
Corp Independent Labor Union (GMC-(LU) GR No 146728 February 11 2004)

Failure to reach an agreement after negotiations continued for a reasonable period does not
establish lack of good faith for the duty to bargain does not include the obligation to reach an agreement
(Samahang Manggagawa sa Top Farm Manfacturing United Workers of the Phil Vs NLRC et al GR No
113856. September 7. 1998). Indeed, the adamant insistence on a bargaining position to the point where
the negotiations reached an impassee does not establish bad faith.

Neither can bad faith be inferred from a party s insistence on the inclusion of a particular
substantive provision unless it concerns trivial matters or is obviously intolerable (ibid) See also Devine
World University of Tacloban (DWU-Tacloban) vs Secretary of Labor Gr No 91915, September 11, 1992).
The laws invite and contemplate a collective bargaining contract but they do not compel one The duty to
bargain does not include the obligation to reach an agreement. Thus, the company's insistence on a
bargaining position to the point of stalemate does not establish bad faith (Tabangao Shell Refinery
Employees Assn vs Filipinas Shell Petroleum Corp G.R 17007), April 7 2014).
Labor Relations and Negotiations Page 6 of 15
Unfair Labor Practice
Refusal to bargain
The employer by its refusal to bargain is guilty of violating the duty to bargain collectively in good
faith. Hence the union's draft of CBA proposal may unilaterally be imposed upon the employer as the CBA
to govern their relationship (Devine World University Tacloban vs. Secretary of Labor 213 SCRA 759).

A company's refusal to make counter-proposal to the union's CBA proposal is an indication of its
bad faith and an employer who sternly refused to bargain in good faith with the union is guilty of Unfair
Labor Practice (ULP) (Colegio De San Juan D Letran vs Assn of Emplyees and Faculty of Letran 340
SCRA 587)

Gross Violation of CBA


Violations of a Collective Bargaining Agreement, except those which are gross in character shall no
longer be treated as an unfair labor practice but as grievance under the CBA (Silva vs NLRC 274 SCRA
159).

Individual Bargaining
It is Unfair Labor Practice (ULP) for an employer to negotiate or to attempt to negotiate with his
employees individually in connection with changes in the agreement. And the basis of the prohibition
regarding individual bargaining with the strikers is that although the union is on strike, the employer is still
under obligation to bargain with the union as the employees bargaining representative (Melo Photo Supply
Corp vs. NLRC 321 US 332).

GRIEVANCE MANCHINERY AND VOLUNTARY ARBITRATION

Establishment of Grievance Machinery


The parties to a CBA shall establish machinery for the expeditious resolution of grievances arising
from the interpretation or implementation of the CBA and those arising from interpretation and or
enforcement of company personnel policies.

Unresolved grievances will be referred to voluntary arbitration and for this purpose, parties to a
CBA shall name and designate in advance a voluntary arbitrator or panel of voluntary arbitrators preferably
from the list of voluntary arbitrators accredited by the Board (National Cancellation and Mediation Board)
(Sec 1 Rule XIX Omnibus Rules Implementing Labor Code as amended)

Grievance Committee
In the absence of applicable provisions in the CBA, a Grievance Committee shall be established to
be composed of two (2) representatives each from the employer and the bargaining agent unless otherwise
agreed by the parties (ibid).

Procedures in Handling Grievances


In the absence of a specific provision in the hand or in the absence of company practice to this
Labor Relations and Negotiations Page 7 of 15
Unfair Labor Practice
effect the following procedure shall apply in the handling of grievances:
1. The employee shall present his grievances to the shop steward who shall verify whether the same
is valid or not the complaint may be oral or in writing.
2. Upon finding that the complaint/grievance is valid the shop steward shall bring the matter to the
immediate supervisor of the employee concerned.
3. If no settlement is reached the grievance shall be referred to the Grievance Committee which shall
have ten (10) days to decide the case. Where the issue involves or arises from the interpretation
or implementation of a provision in the CBA, or from any order memorandum circular assignment
issued by the appropriate authority in the establishment and such issue cannot be resolved at the
level of the shop steward or the supervisor the same shall immediately be referred to the
Grievance Committee (Sec. 2, ibid).

Submission to Voluntary Arbitration


Where grievance remains unresolved, party may serve notice upon the order of its decision to
submit the voluntary arbitration. The notice shall state the issue or issues to be arbitrated, a copy of which
shall be furnished to the Arbitrator or panels arbitrators as designated in the CBA. Upon failure or refusal at
the parties to whom notice was served to response within seven 7 days, the arbitrator or panel of arbitrators
concerned shall commence voluntary arbitration proceedings.

Where the CBA does not designate the Board shall call the parties and appoint an arbitrator or panel of
arbitration when shall thereafter commence arbitration proceedings (Sec. 2 bild). In instances where parties
failed to select voluntary arbitrator or panel at arbitrators the regional branch of the NCMB shall designate
the same as may be necessary with the same effect if they were chosen by them (Sec. 3, ibid).

Jurisdiction of the Voluntary Arbitrator or Panel of Arbitrators


The voluntary arbitrator or panel orators shall have exclusive and original jurisdiction to hear and
decide alliances arising from the implementation or interpretation of the CA and the ring from the
interpretation or enforcement of the company personnel politiche ed after exhaustion of the grievance
procedure. They likewise have exclusive and original jurisdiction to hear and decide wage distortion issues
arising from the application of any wage orders in organized establishment as well as unresolved
grievances arising from the interpretation and implementation of productivity incentive program under RA
6971 (Sec. 4, ibid) (Penaflor, 2017)

NLRC / Regional Director has no Jurisdiction over cases falling within the Jurisdiction of the NCMB
The National Labor Relations Commission (NLRC) and its regional branches and the Regional
Director of the Department of Labor and employment (DOLE) shall not entertain disputes grievances or
matters under the exclusive and original jurisdiction of the National Conciliation and Mediation Board
(NCMB)/ The NLRC or the Regional Director shall immediately dismiss the case and refers the same to the
appropriate grievance machinery or voluntary arbitration as provided for in the CBA (ibid).
Labor Relations and Negotiations Page 8 of 15
Unfair Labor Practice

Submission to Voluntary Arbitration of any issue


Upon agreement of the parties any other labor dispute may be submitted to a voluntary arbitrator or
panel of voluntary arbitrators. Before or at any stage of the compulsory arbitration process the parties may
opt to submit their dispute to voluntary arbitration. (ibid)

The Power of NCMB is exercised by the Arbitrators


The exclusive and original jurisdiction of the National Conciliation and Mediation Board (NCMB) are
exclusively exercised by the voluntary arbitrators or panel of voluntary arbitrators. (Penaflor, 2017)

Powers of the Voluntary Arbitrator or Panel of Voluntary Arbitrators


The voluntary arbitrator or panel or voluntary arbitrators shall have the power to hold hearings,
receive evidence and take whatever action is necessary to resolve the issue subject of the disputes. The
voluntary arbitrator or panel of voluntary arbitrators may conciliate or mediate to aid the parties in reaching
a voluntary settlement of the dispute (Sec 5, ibid) (Penaflor, 2017).

Conciliation and Mediation Procedures


All parties to the dispute shall be entitled to attend the arbitration proceedings. The attendance of
any third party or the exclusion or any witness from the proceedings shall be determined by the voluntary
arbitrator or panel of voluntary arbitrators. Hearing may be adjourned for cause or upon agreement of the
parties. Unless the parties agree otherwise it shall be mandatory for the voluntary or panel at arbitrators to
render an award or decision within twenty (20) calendar day from the date of submission for resolution (Sec
6. ibid) (Penaflor, 2017).

Disciplinary Action against Voluntary Arbitrator


Failure on the part of the voluntary arbitrator or panel of voluntary arbitrators to render an award or
decision within the prescribed period of twenty (20) days shall, upon complaint of a party, be a sufficient
ground for the Board to discipline said voluntary arbitrator pursuant to the guidelines issued by the
Secretary. In cases where the recommended saction is delisting from the roster of voluntary arbitrator it
would be unlawful for the latter not to turn-over the record of the case to the Board within ten (10) days from
demand therefore (ibid). (Penaflor, 2017).

Finality of Award / Decision


The decision order resolution or award of the voluntary arbitrator or panel of voluntary arbitrators
shall be final and executory after ten (10) calendar days from receipt of the copy of the same It shall not be
subject of the Motion for Reconsideration (Sec. 7, ibid).

Execution of the Award / Decision


Upon motion by any interested party the voluntary arbitrator or panel of voluntary arbitrators or the
Labor Arbiter in the region where the movant resides may issue a writ of execution requiring either the
sheriff of the NLRC the Regular Court or any public official whom the parties designate to execute the final
Labor Relations and Negotiations Page 9 of 15
Unfair Labor Practice
decision or award (Sec8, ibid). (Penaflor, 2017)

Maintenance of Case Records by the Board


The Board shall maintain all records pertaining to a voluntary arbitration case. In all cases, the
Board shall be furnished a copy of all pleadings submitted to the voluntary arbitrator or panel of voluntary
arbitrators as well as the orders, awards and decision issued thereon. The records of the case shall be
turned over by the voluntary arbitrator or panel of voluntary arbitrators to the concerned regional branch of
the Board (Sec. 10, ibid). (Penaflor, 2017)

Labor Education of Workers / Employees


The DOLE shall develop, promote and implement appropriate labor education and research
programs on the rights and responsibilities of workers and employers. It shall be the duty of every
legitimate labor organization to implement a labor education program for the members on their rights and
obligations as unionists and as employees (Sec 1. Rule XX Omnibus Rules Implementing Labor Code as
amended). (Penaflor, 2017)

Mandatory Conduct of Seminars


Subject to the provisions of Article 241 of the Labor Code as amended on the rights of members of
any legitimate labor union, it shall be mandatory for the latter to conduct seminar and similar activities on
existing Labor Laws, CBA, Company rules and regulations and other relevant matters. The union seminars
and relevant activities may be conducted independently or in cooperation with the DOLE or any other
educational institutions (Sec. 2, ibid)

Special Fund for Labor Education Program


Every legitimate labor organization shall maintain a special fund for Labor Code and research
education. Existing strike funds may, in whole or in part, be transformed into labor education and research
funds. The labor organization may also be periodically assess and collect reasonable amounts from its
members for such funds (Sec. 3, ibid).

LABOR MANAGEMENT COUNCILS (LMC)

Creation of Labor Management Council


The DOLE shall promote the formation of LMC in organized and unorganized establishments to
enable the workers to participate in policy and decision making processes in the said establishments, in so
far as said processes will directly affect their rights, benefits, and welfare, except those which are covered
by the CBA or those which are traditional areas of bargaining (Sec 1 Rule XX1 Omnibus rules
Implementing Labor Code as amended)

Scope of LMC Functions and Responsibilities


The Department of Labor shall promote Labor Management Cooperation schemes and upon its
own initiative or upon the request of both parties may assist in the formulation and development of
Labor Relations and Negotiations Page 10 of 15
Unfair Labor Practice
programs and projects on productivity occupational safety and health, improvement of the quality of life and
work, product quality improvement and other similar schemes such as:
1. Conduct awareness campaigns
2. Assist the parties in sealing-up labor and management structures, functions and procedures
3. Provide process facilitators upon request of the parties, and
4. Monitor the activities of labor-management structures as may be necessary and conduct studies on
best practices aimed at promoting harmonious labor management relation (ibid).

Selection of Representatives
In organized establishments, the workers representatives to the council shall be nominated by the
exclusive bargaining agent. In establishments where no legitimate labor organization exists, the workers'
representative shall be elected directly by the employees at large (Sec. 2, ibid). (Penaflor, 2017)

We had just finished the discussion on Unfair Labor Practice. Let’s move
on to the next higher level of activity/ies or exercise/s that demonstrates your
potential skills/knowledge of what you have learned.
Labor Relations and Negotiations Page 11 of 15
Unfair Labor Practice

V. ANALYSIS, APPLICATION AND EXPLORATION

Name: ______________________________ Course & Section: __________________


Instruction: Identify whether the statement is TRUE or FALSE.
____1. Violations of a Collective Bargaining Agreement, except those which are gross in character
shall no longer be treated as an unfair labor practice but as grievance under the CBA.
____2. The employer by its refusal to bargain is NOT guilty of violating the duty to bargain collectively
in good faith.
____3. 3. A company's refusal to make counter-proposal to the union's CBA proposal is an indication
of its good faith in the performance of its obligation.
____4. Unfair Labor Practice refers to act that violate the workers' rights to organize.
____5. "Unfair labor Practice violates the constitutional rights of workers and employees to self
organization are inimical to legitimate interests of both labor and management including their
right to bargain collectively and otherwise deal with each other in an atmosphere of freedom
and mutual respect, disrupt industrial peace and hinder the promotion of healthy and stable
management relations."

Finally, let us summarize the lesson of what we had discussed today.

VI. GENERALIZATION
Name: ______________________________ Course & Section: __________________
Instruction: Answer the following case scenarios with legal basis.
1. Ana, a Labor Union filed a ULP case against the employer for the latter’s refusal to terminate Y, an
employee who protested for the deduction of union dues in his salary since Y is a member of
another union in the same bargaining unit. What can you say on this case at bench?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Labor Relations and Negotiations Page 12 of 15
Unfair Labor Practice

KUDOS!
You have come to an end of Module 17.
OOPS! Don’t forget that you have still an assignment to do.
Here it is….

VII. ASSIGNMENT
Name: ______________________________ Course & Section: __________________
Instruction: Identify whether the statement is TRUE or FALSE.
____1. In the absence of applicable provisions in the CBA, a Grievance Committee shall be
established to be composed of two (2) representatives each from the employer and the bargaining
agent unless otherwise agreed by the parties (ibid).
____2. The parties to a CBA shall establish machinery for the expeditious resolution of grievances
arising from the interpretation or implementation of the CBA and those arising from interpretation
and or enforcement of company personnel policies.
____3. It is fair Labor Practice for an employer to negotiate or to attempt to negotiate with his
employees individually in connection with changes in the agreement.
____4. Violations of a Collective Bargaining Agreement, except those which are gross in character
shall no longer be treated as an unfair labor practice but as grievance under the CBA (Silva vs
NLRC 274 SCRA 159).
____5. The voluntary arbitrator or panel or voluntary arbitrators shall have the power to hold hearings,
receive evidence and take whatever action is necessary to resolve the issue subject of the
disputes.

After your long journey of reading and accomplishing the module, let us now
challenge your mind by answering the evaluation part of this module.
Labor Relations and Negotiations Page 13 of 15
Unfair Labor Practice

VIII. EVALUATION

Name:______________________________ Course & Section: __________________

Direction/Instruction: Choose the letter that contains the best answer.


(This evaluation will be submitted on ________________.)
1. What does Article 247 of the Labor Code mandates?
A. "Unfair labor Practice violates the constitutional rights of workers and employees to self
organization are inimical to legitimate interests of both labor and management including their
right to bargain collectively and otherwise deal with each other in an atmosphere of freedom
and mutual respect, disrupt industrial peace and hinder the promotion of healthy and stable
management relations."
B. "Unfair labor practice refers to actions which violate relevant employment legislation regarding
transgression carried out on by an employer or a union. This legislation is part of the National
Labor Relations Act (NLRA, and are investigated by the National Labor Relations Board
(NLRB) under the U.S. law".
C. "Unfair labor practice refers to threatening workmen with discharge or dismissal, if they join a
trade union."
D. All answers are correct

2. What rights has been violated in unfair labor practices?


A. Civil rights
B. Criminal rights
C. Civil and criminal rights
D. Criminal and administrative rights

3. How many days should the labor arbiters resolve unfair labor practice cases under the Labor
Code?
A. Within 20 days
B. Within 30 days
C. Within 40 days
D. Within 50 days

4. Which is correct about unfair labor practice?


A. It refers to act that violate the workers' rights to organize.
Labor Relations and Negotiations Page 14 of 15
Unfair Labor Practice
B. The prohibited acts are related to the workers’ rights to sell organization.
C. It is committed by the employer where it has orchestrated activities to subvert certification
election showing interference in the rights to sell organization.
D. All answers are correct

5. Which of the following are considered Unfair Labor Practice (ULP) in Collective Bargaining?
A. Bargaining in bad faith
B. Refusal to bargain
C. Individual bargaining
D. All answers are correct

6. In the absence of applicable provisions in the Collective Bargaining Agreement, what shall be
established to be the representatives of the employer and the bargaining agent?
A. Grievance Committee
B. Governance Committee
C. Non-Governance Committee
D. All answers are correct

7. Which of the following is a process in handling grievances in unfair labor practice?


A. The employee shall present his grievances to the shop steward who shall verify whether the
same is valid or not the complaint may be oral or in writing.
B. Upon finding that the complaint/grievance is valid the shop steward shall bring the matter to the
immediate supervisor of the employee concerned.
C. If no settlement is reached the grievance shall be referred to the Grievance Committee which
shall have ten (10) days to decide the case.
D. All answers are correct

8. What is the remedy in case the grievance on unfair labor practice remains unresolved?
A. Report it to NLRC
B. Submit to Voluntary Arbitration
C. Submit to the Grievance Committee
D. All answers are correct

9. Why do the National Labor Relations Commission (NLRC) and its regional branches and the
Regional Director of the Department of Labor and employment (DOLE) shall not entertain disputes
grievances?
Labor Relations and Negotiations Page 15 of 15
Unfair Labor Practice
A. The NLRC or the Regional Director shall immediately dismiss the case and refers the same to
the appropriate grievance machinery or voluntary arbitration as provided for in the CBA.
B. The statement is incorrect for it should be forwarded to the NLRC and DOLE.
C. Dole should solely be responsible to this case at hand.
D. All answers are correct

10. Which of the following statement is correct about labor education of workers or employees?
A. The DOLE shall develop, promote and implement appropriate labor education and research
programs on the rights and responsibilities of workers and employers.
B. It shall be the duty of every legitimate labor organization to implement a labor education
program for the members on their rights.
C. Every legitimate labor organization shall maintain a special fund for Labor Code and research
education.
D. All answers are correct

CONGRATULATIONS on reaching the end of this module!


You may now proceed to the next module.
Don’t forget to submit all the exercises, activities and portfolio
on ___________________.
KEEP UP THE GOOD WORK.
Well Done!!!

You might also like