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AIDALYN LIMBO MENDOZA

3rd Year

Answer in Final Examination


Labor Law II (labor Relation)

1.

The requirements for valid strike or lock-out are mandatory in


character and non-compliance there with is sufficient ground to declare the
strike or lockout illegal. As a general rule, the Labor Arbiter in the appropriate
Branch of the National Labor Relation Commissions has the power to
determine question involving the legality and illegality of a strike or lockout
upon filing of a proper complaint and after due hearing.

2.

A return-to-work order is a statutory part and parcel of the Secretarys


assumption or certification order. Following an assumption or certification
order, returning to work, on the part of a worker is not a matter of option or
voluntariness but of obligation, In case of non-compliance with return-towork order in connection with the certification or or assumption of
jurisdiction by the Secretary of Labor, the party concerned may be subjected
to immediate disciplinary action, including dismissal or loss of employment
status or payment by the locking-out employer of back wages, damages and
other affirmative relief, even criminal prosecution against either or both of
them.

3.

(1) The Regional Trial Court has no jurisdiction over the case filed by ABC
Corporation.
(2) The Regional Trial Court has no Jurisdiction in the exercise to issue a writ
of injunction only the National Labor Regulation Commission (NLRC for
brevity).

4.
Yes, the Labor Arbiter has the exclusive jurisdiction over
all
controversies or money claims by an employees against employer or viceversa.

5.
(1) if I were a lawyer I will file before the National Labor Regulation
Board of Unfair Labor Practice, it is an Unfair Labor Practice for a labor
organization t cause r attempt to cause an employer to discriminate against
an employee, including discrimination against an employee with respect to
whom membership in such organization has been denied or to terminate an
employee on any ground other than the usual terms and conditions under
which membership or continuation of membership is made available to other
members.
(2) Regional Trial Court has no jurisdiction over the action challenging
the legality of the provisions on the compulsory retirement age contained in
Collective Bargaining Agreement.

6.
Yes, the Labor Arbiter has the exclusive jurisdiction over
all
controversies or money claims by an employees against employer or viceversa.

7.
Complainants further asserted that under Section 6, paragraph 6 of
Rule VI of the 2011 NLRC Rules of Procedure, respondents were under
obligation to verify if the bond is regular and genuine, and shall cause the
dismissal of the appeal should the bond be irregular, to wit:
Section 6. BOND. SECTION 6. BOND. - In case the decision of the Labor
Arbiter or the Regional Director involves a monetary award, an appeal by the
employer may be perfected only upon the posting of a cash or surety bond.
The appeal bond shall either be in cash or surety in an amount equivalent to
the monetary award, exclusive of damages and attorneys fees.

8.

9.

The only remedy which the losing party ca avail of from the decisions of
the Labor Arbiter is to appeal to the National Labor Regulation Commission,
as no motion for reconsideration or petition for relief from judgment under
the law may be entertained by the Labor Arbiter, and whenever a motion for
reconsideration or petition for relief from judgment under the law may be
entertained by the Labor Arbiter is filed, it will be properly treated or
considered as an appeal.

10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
Parties in Labor Relation Cases are as follows:
(1) the employees;
(2) the management;
(3) the public; and
(4) the State
23.
No, only the National Conciliation and Mediation Board (NCMB), in the
event that all efforts at settling the labor dispute amicably fail, only the
National Conciliation and Mediation Board is mandated under the law to
encourage the parties to submit their case to voluntary arbitration.

24.
The active parties to labor relations cases are the employer and the
employees.
25.
Under Article 128 the power of the Secretary of Labor and Employment
shall have the access to employers records and premises at any time of the
day or night whenever work is being undertaken therein, and the right to
copy therefrom, to question any employee and investigate any fact,
condition or matter which may be necessary to determined violations or
which may aid in the enforcement of this Code and for any labor law, wage
order or rules and regulations issued pursuant thereto.

26.
Upon complaint of any interested party, the Regional Director of the
Department of Labor and Employment or any of the duly authorized hearing
officers of the Department is empowered, through summary proceeding and
after due notice, to hear and decide any matter involving the recovery of
wages and other monetary claims and benefits, including legal interest,
owing to an employee or person employed in domestic or household service
or househelper under this Code, arising from employer-employee relations:
Provided, That such complaint does not include a claim for reinstatement:
Provided further, That the aggregate money claims of each employee or
househelper does not exceed Five thousand pesos (P5,000.00). The Regional
Director or hearing officer shall decide or resolve the complaint within thirty
(30) calendar days from the date of the filing of the same. Any sum thus
recovered on behalf of any employee or househelper pursuant to this Article
shall be held in a special deposit account by, and shall be paid on order of,
the Secretary of Labor and Employment or the Regional Director directly to
the employee or househelper concerned. Any such sum not paid to the
employee or househelper because he cannot be located after diligent and
reasonable effort to locate him within a period of three (3) years, shall be
held as a special fund of the Department of Labor and Employment to be
used exclusively for the amelioration and benefit of workers.

Any decision or resolution of the Regional Director or hearing officer


pursuant to this provision may be appealed on the same grounds provided in
Article 223 of this Code, within five (5) calendar days from receipt of a copy
of said decision or resolution, to the National Labor Relations Commission
which shall resolve the appeal within ten (10) calendar days from the
submission of the last pleading required or allowed under its rules.
The Secretary of Labor and Employment or his duly authorized
representative may supervise the payment of unpaid wages and other
monetary claims and benefits, including legal interest, found owing to any
employee or househelper under this Code.

27.
Except as otherwise provided under this Code, the Labor Arbiters shall
have original and exclusive jurisdiction to hear and decide, within thirty
(30) calendar days after the submission of the case by the parties for
decision without extension, even in the absence of stenographic notes,
the following cases involving all workers, whether agricultural or nonagricultural:
a. Unfair labor practice cases;
b. Termination disputes;
c. If accompanied with a claim for reinstatement, those cases
that workers may file involving wages, rates of pay, hours of
work and other terms and conditions of employment;
d. Claims for actual, moral, exemplary and other forms of
damages arising from the employer-employee relations;
e. Cases arising from any violation of Article 264 of this Code,
including questions involving the legality of strikes and
lockouts; and
f. Except claims for Employees Compensation, Social Security,
Medicare and maternity benefits, all other claims arising from
employer-employee relations, including those of persons in
domestic or household service, involving an amount
exceeding five thousand pesos (P5,000.00) regardless of
whether accompanied with a claim for reinstatement.
The Commission shall have exclusive appellate jurisdiction over all
cases decided by Labor Arbiters.
Cases arising from the interpretation or implementation of collective
bargaining agreements and those arising from the interpretation or
enforcement of company personnel policies shall be disposed of by the Labor
Arbiter by referring the same to the grievance machinery and voluntary
arbitration as may be provided in said agreements. (As amended by Section
9, Republic Act No. 6715, March 21, 1989)

28.
Except as otherwise provided under this Code, the Labor Arbiters shall
have original and exclusive jurisdiction to hear and decide, within thirty
(30) calendar days after the submission of the case by the parties for
decision without extension, even in the absence of stenographic notes,
the following cases involving all workers, whether agricultural or nonagricultural:
a) Unfair labor practice cases;

b) Termination disputes;
c) If accompanied with a claim for reinstatement, those cases
that workers may file involving wages, rates of pay, hours
of work and other terms and conditions of employment;
d) Claims for actual, moral, exemplary and other forms of
damages arising from the employer-employee relations;
e) Cases arising from any violation of Article 264 of this Code,
including questions involving the legality of strikes and
lockouts; and
f) Except claims for Employees Compensation, Social
Security, Medicare and maternity benefits, all other claims
arising from employer-employee relations, including those
of persons in domestic or household service, involving an
amount exceeding five thousand pesos (P5,000.00)
regardless of whether accompanied with a claim for
reinstatement.
The Commission shall have exclusive appellate jurisdiction over all
cases decided by Labor Arbiters.
Cases arising from the interpretation or implementation of collective
bargaining agreements and those arising from the interpretation or
enforcement of company personnel policies shall be disposed of by the Labor
Arbiter by referring the same to the grievance machinery and voluntary
arbitration as may be provided in said agreements. (As amended by Section
9, Republic Act No. 6715, March 21, 1989)

29.

Yes, A compromise upon its perfection becomes binding upon the parties
and has the effect and authority of res judicata even if not judicially
approved. Since a compromise has upon the parties and their successor-ininterest, the effect of res judicata, it can only be rescind on the ground of
vitiated consent and this is true even if the compromise turns out to be
unsatisfactory to either of the parties
.
30.
Employees shall have the right to self-organization, to form, join, or assist
labor organizations, to bargain collectively through representatives of their
own choosing, and to engage in other concerted activities for the purpose of
collective bargaining or other mutual aid or protection, and shall also have
the right to refrain from any or all of such activities except to the extent that
such right may be affected by an agreement requiring membership in a labor

organization as a condition of employment as authorized in section 8(a)(3)


[section 158(a)(3) of this title].

31.
the employer may file a Petition for Certificate of Election if it is requested to bargain collectively

32.
(a)
A Contract Bar Rule is a certification election may not be conducted
during the existence of Contract Bargaining Agreement (CBA) except within
the 60 day freedom period, immediately preceding the fifth year of such
Contract Bargaining Agreement (CBA).
(b)
A Deadlock-Bar-Rule is a Certification election may not be conducted
during the existence of a bargaining deadlock to which an incumbent or
certified bargaining agent is a party and which had been submitted to
conciliation or arbitration or had become the subject of a valid notice of
strike or lockout, that has already been filed with the Regional National
Conciliation and Mediation Board (NCMB). Where there was no notice of
strike, but a mere declaration of bargaining deadlock; it does not bar
certification election.
(c)
A Negotiation-Bar-Rule is a no representation issue may be
entertained, if before the filing of a petition for certification election, the
certified bargaining union has commenced negotiation with the employer in
accordance with Article 256, infra within one year period from the date of
certification election, consent election, run-off election or from the date of
voluntary recognition.

(d)
The run-off election When an election which provides for three (3) or more
choices results in no choice receiving a majority of the valid votes cast, and
no objections or challenges have been presented which if sustained might
change the results, the representation officer shall motu proprio conduct a
run-off election within five (5) calendar days from the close of the election
between the labor unions receiving the two highest number of votes;
Provided, that the total number of votes for all contending unions is at least
fifty (50%) percent of the number of votes cast.

The ballots in the run-off election shall provide for two choices receiving
the highest and the second highest number of the votes cast.

(e)

A check-off is a method of deducting from an employees pay at


prescribed period, the amounts due to the union for fees, fines, or
assessments for the purpose of raising revenues for the union. The employee
himself may voluntary assign so much of his wages as a may be necessary t
meet his union dues and direct his employer to pay the amount to the
treasure of his union.

(f)

Union dues are a regular payment of money made by members


of unions. Dues are the cost of membership; they are used to fund the
various activities which the union engages in. Nearly all unions require their
members to pay dues.
(g)
An Agency Fee A group of workers joined together in a specific type
of organization for the purpose of improving their working conditions as well
as to help in promoting the common interests of the group.

(h)

33.
In Civil aspect of all cases involving unfair labor practices, which may
include claims for actual, moral, exemplary and other forms of damages,
attorneys fees 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 calendar days from the time they
are submitted for decision.
In criminal aspect, no criminal prosecution for unfair labor practice may
be instituted without a final judgment finding the unfair labor practice was
committed, having been first obtained in the administrative proceedings
before the Labor Arbiters.

34.
Yellow-dog contract implies that any person who signed such contract
was a cowardly dog because he had abandoned his guaranteed rights t selforganization under Constitution. He becomes subservient, like a dog.

35.
Duty to bargain collectively means the performance of a mutual
obligation to meet and convene promptly and expeditiously in good faith for
the purpose of negotiating an agreement with respect to wages, hours of
work and all other terms and conditions of employment including proposals
for adjusting any grievances or questions arising under such agreements if
requested by either party but such duty does not compel any party to agree
to a person or to make any concession.

36.
Picketing is a device used by the union to bolster their strike. It refers
to outside patrolling or marching to and from of the strikers at the
companys premises usually accompanied by the display of placards and
other signs making known the facts involved in labor dispute. It may be chain
or mass picketing, or circular if its is carried on around the plant. Because of
picketing, the employers find it difficult to employ strikebreakers, its
principal purpose is to have an effective strike.

37.
Right to Self-Organization. It is the right of workers and employees to
form, join or assist unions, organizations or associations for purposes of
collective bargaining and negotiation and for mutual aid and protection.

38.

Under A new provision is hereby inserted into the Labor Code as Article 234A to read as follows:
"ART. 234-A. Chartering and Creation of a Local Chapter. - A duly
registered federation or national union may directly create a local
chapter by issuing a charter certificate indicating the establishment of
the local chapter. The chapter shall acquire legal personality only for
purposes of filing a petition for certification election from the date it
was issued a charter certificate.
The chapter shall be entitled to all other rights and privileges of a
legitimate labor organization only upon the submission of the following
documents in addition to its charter certificate:
(a) The names of the chapter's officers, their addresses, and the
principal office of the chapter; and
(b) The chapter's constitution and by-laws: Provided, That where
the chapter's constitution and by-laws are the same as that of
the federation or the national union, this fact shall be indicated
accordingly.
The additional supporting requirements shall be certified under oath by
the secretary or treasurer of the chapter and attested by its president."

39.
Compromise has the effect of res judicata, a compromise upon its
perfection becomes binding upon the parties and has the effect and
authority of res judicata even if not judicially approved. Since a compromise
has upon the parties and their successor-in-interest, the effect of res
judicata, it can only be rescinded on the ground of vitiated consent and this
is true even if the compromise turns out to be unsatisfactory to either of the
parties.

40.
Under Article 232 of the Labor Code grants original and exclusive
jurisdiction over the conciliation and mediation of disputes, grievances or
problems in Bureau of Labor Relation or regional offices of the Department of
Labor and employment. It is the said Bureau and regional offices and not the
Barangay Conciliation or Baranggay Lupong Tagapayapa which are vested by
law with original and exclusive authority to conduct conciliation and
mediation proceedings on labor controversies before their endorsement to
the appropriate labor arbiter for adjudication.