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LABOR RELATIONS

Fri. 5:30 8:30 pm


Course Outline
By: Atty. Ma. Corazon L. Katalbas
BOOK V LABOR RELATIONS
Book V Title I POLICY AND DEFINITIONS
Art. 211 Declaration of Policy
Labor Standards
Labor Relations
Tripartism
Sec. 3 Art. XIII 1987 Constitution
PAL vs. NLRC 225 SCRA 301
Art. 212 Definitions
Employee (EE)
Employer (ER)
Labor Organization (LO)
Legitimate Labor Organization (LLO)
Unfair Labor Practice (ULP)
Managerial EE
Supervisory EE
Labor Dispute
Strike and Lock-Out
Book V Title II NATIONAL LABOR RELATIONS COMMISSION (NLRC)
Art. 213 NLRC
Tripartism
Exclusive and Original Jurisdiction
Exclusive Appelate Jurisdiction
St. Martin Funeral Homes vs. NLRC G.R. No. 130866
Art. 217 Jurisdiction
Mainland vs. Movilla G. R. No. 118088 Nov. 23, 1995
Tabang vs. NLRC G. R. No. 121143 Jan. 21, 1997
Art. 218 Powers of the Commission
Powers of the NLRC
Procedure for the Issuance of Restraining Order/Injunction
Who can issue TRO/Injunctions in Labor Dispute
Ilaw at Buklod ng Manggagawa vs. NLRC June 27, 1991
Art. 219 Ocular Inspection
Who are authorized
Art. 221 Appearance and Fees
Attorneys Fees
Art. 223 Appeal
Grounds for Appeal
Periods within which to Appeal
Virjen Shipping and Marine Services vs. NLRC July 20, 1982
Requisites for the Perfection of an Appeal
Execution Pending Appeal

Pioneer Texturizing Co. vs. NLRC


Options of the Employer in Reinstatement Cases
Reinstatement Not Stayed by Appeal
Appeal from the Decision of the NLRC
Motion for Reconsideration
Rule 65 of the Revised Rules of Court
Petition for Relief from Decision of LA
Appeal Bond: Filing on Time; Exceptions
Rosewood Processing Inc. vs. NLRC G.R. No. 116476 May 21/98
Filing distinguished from Perfection of Appeal
Star Angel Handicraft vs. NLRC G. R. No. 108914 Sept 20, 1994
Art. 224 Execution of Decisions, Orders and Awards
Both party and Counsel Notified
Book V Title III BUREAU OF LABOR RELATIONS
Art. 226 Bureau of Labor Relations
Jurisdiction: Quasi-Judicial and Administrative
Inter-Union Dispute
Intra-Union Dispute
Special requirements: Involving Entire membership; Individual
member only
D.O. No. 9
Art. 227 Compromise Agreements
With or Without Assistance of DOLE
Requisites of a Valid Quitclaim
Art. 232 Prohibition on Certification Election
Book V Title IV LABOR ORGANIZATIONS
Art. 234 Requirements of Registration
Principle of Agency Applied
Independent Registration vs. Chartering
How a Local or Chapter Becomes LLO
Progressive Dev. Corp. vs. Sec of Labor Feb. 4, 1992
D. O. No. 9
Where to File Application for Registration
Disaffiliation: When to Disaffiliate; Effects
Substitutionary Doctrine
Revocation of Charter
Effect of Cancellation of Registration of Federation or National Union
Art. 239 Grounds for Cancellation of Union Registration
Fraudulent Acts
Inaction or Omission
Unlawful Acts
Itogon-Suyoc Mines vs. Sangilo-Itogon Workers 24 SCRA 873
Art. 241 Rights and Conditions of Membership in a LO
Rights of Union Members
Persons who are Prohibited from Becoming Members/Officers of LO
Check-Off vs. Agency Fee
Special Assessment vs. Check-Off

Art. 242 Rights of Legitimate Labor Organizations


Compromise Binding Upon Minority Members of Union
Book V Title V COVERAGE
Art. 243 Coverage and EEs Right to Self-Organization
Coverage of the Right to Organize; Exceptions
San Jose Electric Service Cooperative vs. Min. of Labor May 31/89
Callado vs. IRRI May 22, 1995
Victoriano vs. Elizalde Rope Workers Union Sept. 12, 1974
Kapatiran sa Meat and Canning Division vs. Calleja June 20, 1988
Principle of Reciprocity
Art. 244 Rights of Employees in the Public Service
Government EEs under Civil Service Law
EE in GOCCs with Charter
EE in GOCCs without Charter
Art. 245 Ineligibility of Managerial EEs to join any LO; Right of Supervisory EEs
Managerial EE
United Pepsi-Cola Supervisory Union vs. Laguesma Mar. 25, 1998
Supervisory EE; RA 6715
Confidential EEs Doctrine of Necessary Implication
Metrolab vs. Confessor Feb. 28, 1996
Art. 246 Nonabridgment of Right to Self-Organization
Book V Title VI Unfair Labor Practice
Art. 247 Concept and Procedure for Prosecution of ULP
Elements of ULP
Aspect of ULP
Civil Aspect Compliance before Criminal Aspect may be Instituted
Prescription
Art. 248 ULP of Employers
NO ULP: Illustrative Instances
Personnel Movements
Acceptance of Mass Resignation
Grant of Profit-Sharing Benefits to Non-Union Members
Forced Vacation Leave
Issuance of Rules or Policy
Taking Action Against Slowdown
Nine ULP Acts of Employer
Interference
Dabuet et al, vs. Roche Pharmaceuticals, Inc 149 SCRA 386
Totality of Conduct Doctrine
The Insular Life Assurance Co. Ltd. Employees Association
Vs. The Insular Life Assurance Co. 37 SCRA 244
Successor Employer Ruling
Yellow Dog Condition
Contracting Out
Shell Oil Workers Union vs. Shell, Ltd. May 31, 1971
Runaway Shop
Company Unionism
Discrimination for or Against Union Membership
Valid Discrimination: Union Security Clause
Kinds of Union Security Agreements

Closed Shop: To Whom Not Applicable


Agency Shop
Discrimination because of Testimony
Violation of Duty to Bargain
Paid Negotiation
Violation of CBA must be gross violation
Relief in ULP Cases
ULP not subject to Compromise
Employers Responsibility for ULP Acts by Subordinate Officials
Six ULP Acts of Labor Organization
Restraint or Coercion
Discrimination
Arbitrary Use4 of Union Security Clause
Salunga vs. CIR 21 SCRA 216
Manila Mandarin Employees Union v. NLRC 154 SCRA 369
Refusal to Bargain
Featherbedding and Make-Work Arrangements
Accept Negotiation and Attorneys Fees from Employer
Violation of CBA
Book V Title VII COLLECTIVE BARGAINING & ADMINISTRATION OF
AGREEMENTS
Art. 250 Procedure in Collective Bargaining
Collective Bargaining Nature
Jurisdictional Preconditions to Collective Bargaining
Kiok Loy vs. NLRC G.R. No. 54334, Jan. 22, 1986
CBA defined
Mandatory Provisions of the CBA
Art. 252 Meaning of Duty to Bargain Collectively
Duty to Bargain Defined
Four Forms of ULP in Bargaining
Successor Employer Rule: Continuity & Identity
Do Economic Exigencies Justify Refusal to Bargain
Acts not Deemed Refusal to Bargain
Non-Reply to Proposal
Kiok Loy Vs. NLRC and Kilusan 141 SCRA 179
Mandatory Subjects of Bargaining
No Duty to Agree Even on Mandatory Subjects
Nonmandatory Subjects
Bargaining to the Point of Impasse: Not Necessarily Bad Faith
Boulwarism
Ratification; Mandatory Requirements
When Ratification Not Needed
Art. 253 Duty to Bargain Collectively when there Exists a Bargaining
Agreement
Automatic Renewal Clause
Art. 253-A Terms of a Collective Bargaining Agreement
Duration of CBA
Retroactivity
Rule on Retroactive Effects of Agreement Provisions

Art. 254 No Injunction Rule


Third Parties/Innocent Bystanders
Republic Flour Mills vs. Reyes 18 SCRA 796
PAFLU vs. Cloribel, March 28, 1969
Art. 255 Exclusive Bargaining Representation and Workers Participation in
Policy and Decision-Making
Extent of Workers Right to Participate
PAL vs. NLRC, August 13, 1993
Labor Management Councils
Individual Grievance
Collective Bargaining Unit Defined
Appropriateness of BU; Factors Considered
Laguna College vs. CIR 25 SCRA 167
The Globe Doctrine
One Union-One Company Policy; Its Exceptions
Subsidiaries and Spun-Off Corporations
San Miguel Employees vs. Confessor, Sept. 19, 1996
Summation of Significance
Art. 256-259 Petition for Certification Election
Bargaining Unit
Certification Election
Four Factors in Determining the Appropriate Bargaining Unit
Community of Interest Doctrine
Modes of Choosing the Exclusive Bargaining Unit
Voluntary Recognition
Certification Election with or without Run-Off
Who Files Petition for C. E.
Progressive Dev. Corp. vs. Sec. of Labor, Feb. 4, 92
Employer Not a Party in C. E.
When to File Petition
Who can Vote in the C. E.
Consent Election
Double Majority Rule
Rules which Prevent the Holding of a Certification Election
Contract-Bar Rule
Applies to Extended CBA under Deadlock
Deadlock Bar Rule
Kaisahan vs. Trajano, Sept. 9, 1991
Negotiation Bar Rule
Certification Year Rule
Book V Title VII-A GRIEVANCE MACHINERY & VOLUNTARY ARBITRATION
Art. 260 Grievance Machinery and Voluntary Arbitration
Enforceability Against Transferee of Enterprise
Labor Contracts: In Personam; its Exceptions
Wiley Doctrine
Art. 261 Jurisdiction of Voluntary Arbitrators
Gross Violation of the CBA
Distinguish from Mediation

Book V Title VIII STRIKES & LOCKOUTS & FOREIGN INVOLVEMENT IN


TRADE UNION ACTIVITIES
Art. 263 Strikes, Picketing and Lockouts
Economic Strike
ULP Strike
Ferrer vs, CIR, May 31, 1966
Tests in Determining the Legality of a Strike; the 6 Factors
Purpose Test
Compliance with Procedural & Substantive Requirements of Law
Notice of Strike
Cooling-Off Period
Strike Vote
Strike Vote Report
Procedural Requirements: Mandatory
NFSW vs. Ovejera, May 31, 1982
The Conversion Doctrine
Means Employed Test
Effect of Good Faith of Strikers on Legality of Strike
When the Sec. of Labor Assume Jurisdiction over a Strike
Defiance of Return to Work Order
Effects of the Assumption of Jurisdiction of the Sec. of Labor
No-Strike Clause in CBA
Master Iron labor Union vs. NLRC Feb. 17, 1993
Strike-Duration Pay
Vicarious Liability Rule
Strikers Loss of Employment
Union Officers/Leaders
Union Members
Liability for Violent Acts
Good Faith Strike
Rule on Reinstatement of Striking Workers
Backwages: In Economic Strike
Backwages: In ULP Strike; dist. Between Voluntary & Involuntary Strikers
Employers Right to Hire Replacement During Strike
Discharge of Replacements; in ULP and Economic Strike
Civil Liability of Labor Organizations
Other Kinds of Strike
Art. 264 Prohibited Activities
Labor Organizations
Third Persons
Employers
Public Official or Employee
Persons Engaged in Picketing
Innocent Bystanders
PAFLU vs. Cloribel, March 28, 1969
Boycott
Slowdown
Art. 265 Improved Offer vs. Reduced Offer Balloting
Art. 266 Arrest and Detention
Art. 269 Prohibition Against Aliens; Exceptions
Rule on Reciprocity

Art. 273-277 Special Provisions


Visitorial-Enforcement Power
Tripartism and Tripartite Conferences
BOOK VI POST-EMPLOYMENT
Book VI Title I TERMINATION OF EMPLOYMENT
Art. 279 Security of Tenure
Definition, Constitutional Guarantee
Who are entitled to security of tenure
Art. 280 Regular and Casual Employment
Essentiality of Employer/Employee Relationship
Regular Employment
Regular EEs by Nature of Work
De Leon vs. NLRC G.R. No. 70705, Aug. 21, 1989
Regular EEs by Years of Service
Kimberly Independent Labor Union for Solidarity vs.
Drilon, et al G.R. No. 77629 & 78791, May 9, 1990
Project Employment
Two Types of Project Activities
Circumstances that make a Project EE Regular
Maraguinot & Enero vs. NLRC G.R. No. 120969, Jan. 22,88
Seasonal Employment
Mercado Ruling
Mercado vs. NLRC G.R. No. 79869, Sept. 5, 1991
Fixed-Period Employment
Brent School vs. Zamora G. R. No. 48494, Feb. 5, 1990
Pre-Termination of Fixed-Period Employment
When term employment not a circumvention of the law on security
of tenure
Purefoods Corp. vs. NLRC G. R. No. 122653, Dec. 12, 1997
Art. 281 Probationary Employment
Rights of Probationary EE
Limitations to Termination of Probation
No Successive Probation
Period of Probation
Buiser vs. Leogardo Jr. & GTDCo. G. R. No. L-63316, Jul. 31, 84
Extension of Probation
Mariwasa Manufacturing vs. Leogardo G.R. No. 74246, Jan 26,89
Art. 282 Termination be Employer
Management Rights
Just Causes of Termination:
Serious Misconduct Immorality, Sexual Harassment, Cheating
Willful Disobedience
Elements
Gold City vs. NLRC G.R. No. 86000, Sept. 21, 1990
Transfer when valid
Homeowners SLA vs. NLRC, Sept. 26, 1996
Escobin vs. NLRC, April 15, 1998
Transfer with Promotion; if Rejected
Neglect of Duties
Gross Neglect
Abandonment Elements

Dishonesty Falsification, Theft, Unauthorized Use of Vehicle


Loss Of Confidence
When Applicable Position of Trust
Riker vs. Ople G.R. No. 50492, Oct. 27, 1987
Proof Required - Substantial Evidence
Guidelines for Applying Doctrine of Loss of Confidence
Commission of a Crime or Offense Art. 11 (2), RPC
Conviction/Prosecution not Required
Analogous Causes
Art. 283 Closure of Establishment and Reduction of Personnel
Authorized Causes in General; Required Notice; Separation Pay
Installation of Labor-Saving Device
Redundancy definition
Retrenchment
Criteria; Whom to Lay-Off
Four Standards of Retrenchment
Lopez Sugar Corp. vs. FFW G.R. No. 75700-01,
August 30, 1990
Evidence to Prove Losses
Hiring of Replacements after Retrenchment
Bogo Medellin vs. NLRC, Sept. 25, 1998
Redundancy vs. Retrenchment
Sebuguero vs. NLRC, Sept. 27, 1995
Requisites of Valid Retrenchment
Closure of Business
Serious Business Losses
North Davao Mining Corp. vs. NLRC, Mar. 13, 1996
Reahs Corp. vs. NLRC, April 15, 1997
Previous Generosity Ruling
BISSI vs. NLRC, April 5, 1993
North Davao Mininc Corp. vs. NLRC, Mar. 13, 1996
Justification for Closure ULP
Sale in Good Faith ULP & Successor Employer Doctrine
Merger & Consolidation
Art. 284 Disease
Medical Certificate issued by Competent Public Health Authority
PROCEDURE TO TERMINATE EMPLOYEMENT
Two Facets of Valid Termination
Act of Dismissal
Manner of Dismissal
Standards of Due Process
Twin Notice Requirement
Burden of Proof Substantial Evidence
Dismissal for Cause but without Due Process
Wenphil Doctrine
Wenphil Corp. vs. NLRC G.R. No. 80587, Feb. 8, 1989
Serrano Doctrine
Serrano vs. NLRC G.R. No. 117040, January 27, 2000
Agabon Doctrine
Agabon vs. NLRC 442 SCRA 573
Tempered vs. Stiffer sanctions
JAKA vs. Pacot, March 28, 2005
Preventive Suspension

CONSEQUENCES OF TERMINATION
Separation Pay Four Context
Separation Pay for Authorized Causes under Arts. 283-284
Separation Pay as Financial Assistance in Legal Dismissal under Art. 282
Separation Pay in lieu of Reinstatement
Separation Pay as an Employment Benefit
Backwages
Distinguish from Separation Pay
Full Backwages
Mercury Drug Rule (Prior to R.A. 6715)
Mercury Drug vs. CIR 56 SCRA 694
Rule after R.A. 6715 (Date to Reckon March 21, 1989)
Alex Ferrer vs. NLRC July 5, 1993
Pines City vs. NLRC Nov. 10, 1993
Pines City Ruling Abandoned
Bustamante vs. NLRC Nov. 28, 1996
No Retroactivity
Maranaw Hotel vs. CA, Nov. 6, 1992
Reinstatement
Reinstatement without Backwages
Reinstatement not feasible; Separation pay in lieu of reinstatement
How Much?
Strained Relationship Bar to Reinstatement
Damages
Moral Damages
Exemplary Damages
Indemnity
See Wenphil, Serrano, Agabon and Jaka above
Attorneys Fees
Art. 285 Termination by Employee
Resignation and Resignation Notice
Resignation Pay
Constructive Dismissal; Forced Resignation
Art. 286 When Employment not Deemed Terminated
Suspension of Operations; Floating Status
Sentinel Security Agency vs. NLRC, Sept. 3, 1998
Prolonged Floating Status may Amount to Constructive Dismissal
Agro Commercial Security Services vs. NLRC, July 31, 1989
Book VI Title II RETIREMENT FROM THE SERVICE
Art. 287 Retirement
Retirement defined
Kinds of Retirement
R.A.7641 given Retroactive Effect; Conditions for Retroactive Application
BOOK VII TRANSITORY AND FINAL PROVISIONS
Book VII Title I Penal Provisions and Liabilities
Art. 288 Penalties
Distinguish from Art. 272
Book VII Title II Prescription of Offenses and Claims
Art. 290 Offenses
3 Year under the Labor Code

1 Year ULP
Art. 291 Money Claims
Money Claim that Accrued Before the Labor Code