Labor Relations Lecture

LABOR RELATIONS
Culled from the Lectures of Usec. JBJ
July 24, 2019 (1st meeting)

Relations is plural
X only between the employer and the employee
Every relationship creates an obligation and a right. Labor relations will tackle how
the law tries to balance between the rights and prerogatives.
In the definition of Social Justice provided in the case of CALALANG V. WILLIAMS,

there is a phrase:
“equalizing the forces so that justice in its secular signification may at least be
approximated”
consistent with the time-honored legal maxim salus populi suprema est lex
Labor relations is an instrumentality of the State to balance the power of the
employers versus the rights of the employees. The law is in the middle.
“Parens patriae” will make sure that the law is humanized so that he who has less in
life (labor) will have more protection in law.
Therefore, in Article XIII, Sec. 3 affords full protection to labor.
Depriving an employee of his livelihood is depriving him of his life.
Livelihood= kabuhayan
LabStan
Book II most useless (no question asked in the bar)
Book VI most important (no bar without it)
VI V III I (order from greatest to least)
Book I recruitment
Book V how is a union organized
Book III
How is a union formed?

If there are 3 unions representing the same constituency, how will the choice
be made?
There must be a SEBA.
SEBA- Sole and Exclusive Bargaining Agent
So, if there are 1000 employees:
1. Exclude (CEM-S):
Confidential employees
Executive employees
Managerial employees
Antonio.Ebuña.Laxamana.Sanchez LABREL SPL-F AY 2019-2020

Supervisorial employees
2. Get 20% of the remaining number of employees, a union can be made.
When the union is registered, it becomes LLO.
LLO- legitimate labor organization
These LLO will now participate in a secret voting in what is called a Certification
Election (CE).
The winner of the CE gets the certification to become the SEBA.
SEBA represents all employees, including the “no union”
ABU- appropriate bargaining unit
What is the purpose of representation?
Collective bargaining
Once CBA is signed, employers will ask for closed-shop. Is this legal? Yes
Exception? If the reason is religious.

What happens if you do not join a union in a closed-shop? Employer may be
terminated
Legal basis? Art. 218

policy of the state to promote unionism
It is easier to protect labor if it is united
DVU v. SECRETARY OF LABOR

DVU was abolished because the SVD fathers refused to recognize with the union
and refused to sit down with the union and that is considered an Unfair Labor
Practice (ULP), which is a ground to strike. It is also a criminal act.
Organized- union granted with LLO status
The State is not just the government

The State guarantees the right to state organization
Labor Standards- provides for the minimum requirements

Labor Relations- there should be no limit to what is asked for, should be higher than
what is provided by law
Negotiation
“manghingi ka ng kapantay ng langit pero ang iabot ng management bato sa
buhangin.”
Why are unions formed?

1. Economic- to ask for what is higher than what is provided by law
(minimum wage)
“Pero wag masyado mataas kasi baka magsara yung kompanya.”
You will be killing the goose that lays the golden egg.
2. Political- if there is a member subject to harassment, the union shall
serve to protect such member
“Parang sa fraternity lang yan. Pag member ka ng fraternity (Lambda Lambda

Kappa Kappa), may proteksyon ka, takot sila sayo”
“Wag lang magrambol, katulad sa UST. Hindi na brotherhood yun, Robin Hood.”
“mahal ko ang brother ko kaya pinatay ko.”
Article XIII, Sec 3

Classify the law into 2.
Labor Standards
1. a right to a living wage (right to full employment)
X Endo
X Contractualization
X aliping sagigilid, aliping namamahay
Employment must be regular
“parang kinakasama mo lang hindi mo inaasawa”
2. Right to humane conditions of work

(Occupational safety and health)
“Ako pag nag aral focus ako, kahit maghubad ang babae sa harap ko hindi ako
titingin. Hahawakan ko lang.” LMAO DED
Labor law is a means to achieve the ultimate end which is a just and humane
society.
History of Social Justice

18th-19th century (Industrial Revolution)
workers were oppressed by the capitalists.
Communist Manifesto was written by Karl Marx and Freidrich Ingles
“Workers of the world unite, you have nothing to lose but your chains and the whole
world to gain.”
There was a time when the two sides were about to engage in a bloody revolution
Pope Leo XIII intervened, proposed an alternative, a third option
The Church is the centrist, in between the workers and the capitalists.
Rerum Novarum (Rights and Duties of Capital and Labor)

To lay down your arms and negotiate through social justice.
“Ibagsak ang fasismo, imperyalismo, misis mo.”

Yellow-dog contract
I will hire you but you are not allowed to join a union, or if you are already in a union,
you must withdraw from that union.
Condition precedent to employment
Yellow is the color of cowards
Criminal offense because it is an Unfair Labor Practice
Wildcat strike
Strike which is not authorized by the majority.
Unfair labor practice; criminal offense
Featherbedding
Bribe to the union president for favors in favor of management.
Unfair labor practice; criminal offense
MANAGEMENT PREROGATIVES pp. 81-85
1. To lay down executive management policies
2. To hire
3. To fire/ dismiss
4. To transfer
5. To discipline
6. To retrench
7. To declare redundancy
8. To cease operations
9. To sell the company
10. Other prerogatives
a. Prerogative to abolish positions
b. Prerogative to install labor-saving devices
c.
Rights of labor vs. prerogatives of management
Labor law is the balancing mechanism
It is which humanizes and neutralizes
Without labor laws, there is a tendency for management to abuse the prerogative to
hire and fire. Labor law will neutralize that using the doctrine of sic utere tuo ut
alienum non laedas. Use your right in a manner that does not violate the rights of
others.
Ex. You have the right to swing your arm but if you hit my nose, your right to swing
your arm ends where my nose begins.

You have the right to hire and fire but once you violate my security of tenure, there is
a corresponding sanction provided by law.
Art. 19, NCC

Every person in the exercise of his rights and in the performance of his duties must
act with justice, give everyone his due and observe honesty and good faith.
“Justice delayed is pregnant”

“Ano nangyayari pag delayed? Ano ang nadelay? Reglementary period. I-hashtag
niyo yan.”
“Magcomment kayo (sa posts regarding The Freeman) It is not enough na maglike
kayo, pusuan nyo”
“JBJ, yan ang pangalan ko. Laging may JBJ. Sa Bisaya, Ji Bi Ji.”
July 31, 2019 (2nd meeting)
RIGHTS OF LABOR GUARANTEED IN THE 1987 CONSTITUTION pp. 78-79

1. Right to Self-Organization
2. Right to Collective Bargaining
3. Right to Peaceful Concerted Action including the right to strike in
accordance with law
4. Right to Participate in Policy and Decision Making in all matters that
relate to the welfare, interest, and the rights of the employees.
Employer does not have monopoly of rule-making.
Union acting on behalf of the employees have the right to participate.
5. Right to security of tenure
ANALOGY:
Employers and employees: husband and wife
State: mother-in-law
Symbol of “parens patriae”; protection/ concern of the State
If the State will fold its hands while capital and labor fight each other, the stronger will
abuse the weaker, and the weaker will terrorize the stronger.
Terrorism is just a reaction to the abuses of the capitalists.
“He who makes the gold, makes the rules.”
“Workers of the world unite, you have nothing to lose but your chains and the whole
world to gain”

-Karl Marx and Friedrich Ingles, Communist Manifesto
Pope Leo XIII- intervened between the capitalists and the laborers
Rerum Novarum- encyclical
There is a middle ground- SOCIAL JUSTICE
Justice Laurel- CALALANG V. WILLIAMS

Humanizing the law
“those who have less in life should have more in law” –Pres. Magsaysay
Compassionate Justice
“Labor law decisions should not only be secundum rationem, but also secundum
caritatem”
–Chief Justice Enrique Fernando
Not just a matter of reason but also a matter of charity.
There is no such thing as equal justice/ equal protection of the law in labor.
Constitution provides FULL PROTECTION to Labor.
No protection for management because it can protect itself.
Case reporting of SAMEER OVERSEAS PLACEMENT AGENCY V. JOY

CABILLES
This is an example of the State’s protection to labor, local or overseas.

How do we justify the Philippine labor laws being allowed to take effect overseas?
What is the principle involved?
How can the Philippine laws be enforced in other jurisdictions? As a general rule,
this is supposed to be a rule of territoriality of our laws.
FACTS:
Joy Cabilles thru Sameer was able to get a 1-year employment in a Taiwanese
company Wacoal. However, less than one month through her employment as a
cutter, she claims that she was terminated without prior notice and repatriated to the
Philippines. Aggrieved, she filed a complaint with the NLRC for Illegal Dismissal.
ISSUES:
1. Is Sameer liable for the illegal dismissal of Joy Cabiles?
2. Is Cabiles entitled to her salary for the unexpired portion of the employment
contract that was violated together with attorney’s fees and reimbursement of
amounts withheld from her salary?

LAW INVOLVED:
Art 282 of the Labor Code, enumerating the just causes for the termination by the
employer
Section 10 of RA 8042 or the Migrant Workers and Overseas Filipinos Act
Section 7 of RA 10022
CASE HISTORY:
Petitioner filed a complaint with the NLRC for Illegal dismissal.
LA ruled that there was no illegal dismissal.
Cabilles appealed to the NLRC, which reversed the decision.
Sameer, filed a petition for certiorari appealed to the CA.
CA remanded the case to the NLRC
Dissatisfied with the decision, Sameer filed a petition for review on certiorari with the
SC
RULING:
Petition DENIED.
lex loci contractus- the law of the place where the contract is made
1. YES. Sameer failed to show that there was just cause for the dismissal of
Cabiles. The employer Wacoal also failed to accord her due process of law.
Although management has the prerogative to impose productivity and quality
standards of work, such prerogative should not be abused.
Security of tenure is guaranteed by our Constitution.
Employees are not stripped of their security of tenure when they move
to work in a different jurisdiction. WIth respect to OFWs, we follow the
principle of lex loci contractus.
equal protection of the law

2. YES. Cabiles, having been illegally dismissed, is entitled to receive the
aforementioned amounts. Section 10 of RA 8042 provides that overseas
workers illegally dismissed shall be entitled to full reimbursement of their
placement fee with interest of 12% per annum or for three months for every
year of the unexpired term, whichever is less. This clause, however, was
declared unconstitutional in the case of Serrano v. Gallant Maritime Services,
Inc. for violating the equal protection clause and substantive due process. The
reinstated clause, provided in Sec 7 of RA 10022 is also declared
unconstitutional for violating the rights to equal protection and due process.
What is the background/ context of this case?

1995 case

Flor Contemplacion, from Batangas- Filipina domestic worker executed in Singapore
for murder. Accused and convicted for a crime she did not commit.
Led to the passing of RA 8042- Migrant Workers and Overseas Filipinos Act
Magna Carta for OFWs
Surreptitious insertion of provisions limiting the amount of salaries is a betrayal of the

Filipino people
8042 portrayed as protection but actually became a diminution.
In the case of Antonio Serrano v. Gallant Maritime Services, Inc., the court
declared Section 10 of RA 8042 unconstitutional. Limiting wages that should be
recovered by an illegally dismissed overseas worker is both a violation of due
process and equal protection clauses of the Constitution.
What is the message which this case seeks to impart?

Indeed, the State protects labor in the Philippines. If Congress refuses to protect,
then the Supreme Court shall protect labor.
The case of Cheryll Leus v. St. Scholastica

Cheryll Leus was employed in the Finance, Accounting Dept of St. Scholastica
Became pregnant without prior marriage
Applied for maternity leave but was denied
Employment was terminated because of pregnancy out of wedlock
Is pregnancy out of wedlock a valid ground for dismissal?
“Support Staff Handbook” provides that such act falls under “disgraceful or immoral
conduct”
SC ruled that there was illegal dismissal.
The law does not require marriage for entitlement to maternity leave. The requisites
are as follows:
1. Woman
2. Pregnant
3. Member of SSS and must have contributed at least 3 monthly contributions
Illegal dismissal- 2 kinds of immorality:
1. Religious immorality- should not be used as a standard for termination of
employment
2. Secular immorality
LEVELS OF PROTECTION/ FIVE DIMENSIONS OF THE STATE’S PROTECTION

TO LABOR pp. 174-201
First, the State protects labor from the abuses of employers and promotes its rights
and interests in the form of labor and social legislation, as well as a more favored
treatment in labor litigations and appeals;

Second, the State protects labor from both the excesses and negligence of its own
union, federations, and officials and upholds the individual member’s rights vis-à-vis
the union’s powers;
Third, the State protects labor from its own protectors, the government and
bureaucracies and shields labor too much technicalities and bureaucratic inanities;
Fourth, the State also protects labor from its other protectors, some lawyers whose
certain unethical practices may turn out to be grossly disadvantageous to some
workers; and
Fifth, the State protects labor from its own errors, misjudgment, and imprudence and
liberates the workers from the legal binding effects of their hastily signed and
ill-considered contracts, quitclaims, compromises, and settlements.
To summarize: (CUGUL)
1. Protection against capital
2. Protection against unions
3. Protection against the government
4. Protection against unethical lawyers
5. Protection against labor itself
August 7, 2019 (3rd meeting)

A. The Primacy of Free Collective Bargaining over Compulsory Arbitration
Labor Management is like husband and wife, with the State acting as the
mother-in-law or intervenor
Free enterprise economy- preferred system
The desire of the State is that someday, the State shall no longer be needed in the
relationship
There can be no bargaining without unions
Compulsory arbitration- intervention of the State; not healthy
According to the Thomas Jefferson, the best government is a government that
governs less
There is a need to promote formation of unions in order to promote primacy of free
collective bargaining
20% required to form a union
No bargaining without a union
ABU- Appropriate bargaining unit
In a workplace, there are at least 2 ABUs:
1. Supervisors
2. Rank and file workers
The State is mandated to promote the primacy of free collective bargaining
ULP- Unfair Labor Practices- attacks at least 4 rights:
1. Right to self-organization
2. Right to collective bargaining

3. Right to strike
Strike- a weapon of self-defense; reasonable means to repel aggression
B. Promote free trade unionism

Tripartite membership (union, employers, government)
C. Foster the free and voluntary organization of a strong and united labor
movement
Labor Relations- centrist approach- social justice
Memorize definition of social justice cited in Calalang v. Williams
"neither communism, nor despotism, nor atomism, nor anarchy," but the
humanization of laws and the equalization of social and economic forces by the
State so that justice in its rational and objectively secular conception may at least be
approximated.
D. Promote enlightenment of workers concerning their rights
People do not want to join a union because they do not know their rights.
Case reporting of Philippine Bus Transport v. DOLE
5 DIMENSIONS OF PROTECTION TO LABOR pp. 174-201

1. Against capital
Labor is protected against the employer
Principle of equal protection does not apply in labor
Express constitutional mandate to protect labor
Parens patriae
2. Against unions
Unions are the protectors of the employees. Why is there a need to protect
yourself from the unions?
Sometimes, union officials abuse
Ex. malversation of union funds, connivance with management
If the collection of union dues that are outrageous in amount, then that may be
nullified by DOLE because that individual is protected by the State from the
union
Closed-shop will only accept an employee who is a member of a union
It is always the individual which is protected over the union
He who has less in life should have more in law
3. Against government
Government is just one of the elements of the State

Grave abuse of discretion- the State will come and help the victim
Remedy? Petition for certiorari under Rule 65 of the RoC
Issuance of the writ will annul whatever decision is made
4. Against unethical lawyers

Attorney’s fees- 10%
The case of Atty. Wilfredo Taganas v. NLRC
5. Against labor itself

Labor’s own naiveté ignorance, or recklessness
The State shall afford full protection to Labor

X management X equal protection
RIGHT OF EMPLOYEE TO PARTICIPATION IN ALL MATTERS RELATED TO

LABOR p.86 and 122
“Lay down policy” refers to the rule-making power

An employer has the prerogative to not only lay down policy but also implement and
enforce it. In accepting a job, you must also accept the implementing rules and
regulations.
Deprivation of a property right constitutes a violation of due process of law
“Can you manage my property? Sa tagalog, maaari mo bang hawakan ang aking
pag-aari?”
This would be in conflict with the right of the employee to participate
Art XIII, Sec 3 of the Constitution (new right not present in the previous
Constitutions) right to participate
Employer: “its either our way, or you go to the highway”
Evolution of employee/worker
Labor-- Employee-- Personnel-- Human Resources-- Human Capital
“Wisdom is not the monopoly of management”
What is the meaning of “participation”?
Case of Philippine Airlines v. NLRC pp.156-168

3 unions of PAL:
ALPAP (pilots)
FASAP (flight stewards)
PALEA (ground employees) involved in this case

PAL management amended their policy giving habitual offenders a harsh penalty,
since it is our prerogative.
This happened under the new Constitution
Management cannot unilaterally decide- management prerogative
PALEA contends that they have the right to participate
No amendment will take effect unless we (PALEA) agree
“Ang tanong ngayon: Sino ang tama at sino ang may tama?”
Classic example of a collision between the right of labor to participate and the
prerogative of management to lay down policy.
Definition of terms pp.70-71 (see also pp.71-77)

LLO Legitimate Labor Organization- when a union is registered, the certificate of
registration from DOLE gives legitimacy to the LO
Registration is with the Regional Office of the DOLE not SEC (for corporations)
SEBA Sole and Exclusive Bargaining Agent- the winner of the CE which represents
all the LLOs of the ABU
Voluntary Recognition- no CE will take place
ABU Appropriate Bargaining Unit- portion of the company that constitutes the entire
population represented by the SEBA.
Eliminate the executives, managerial, and the confidentials. They do not belong to
an ABU.
There are 2 ABUs, supervisorial and rank and file.
To form a union, you count all the members of the ABU, 20% of that, you can form a
union.
In the case of UP v. Calleja, the Court ruled that in educational institutions, faculty
should be separated from non-teaching. Thus, there should be 4 ABUs.
In an ordinary company, there are only 2 ABUs. But by process of self-determination,
the employees can break the ABU into smaller units. Ex. San Miguel (60k+
employees)
Bystander Rule- Management should not participate in any matter pertaining to the
union. In case of elections, management is a mere bystander. Interference to the
right to self-organization is an unfair labor practice.
CE Certification Election- election the purpose of which, will determine who will be
the SEBA.
If no union wins the CE, it will only be valid for one year from the declaration
because the State promotes unionism.

CBA Collective Bargaining Agreement- A contract between the SEBA representing
the employees and management. It has 3 contents:
1. Economic- mostly concerns salary and other benefits such as leave.
2. Non-economic- should contains provisions higher than labor standards; If it
isn’t, it is called “sweetheart CBA” which is an invalid CBA
3. Miscellaneous
Purposes:
1. Economic- to serve as protection
2. political
GM Grievance Machinery- set of rules; joint committee created to hear and decide
complaints
If not settled- bring to voluntary arbitration, wherein the award shall be given to the
party favored by the decision.
*Featherbedding bribe
*Yellow dog contract agreement that the person hired will be subject to a condition
that he will not join a union and if he is already a member, he should resign.
*Wild Cat strike strike that is not authorized by the majority
*Boulwarism “take it or leave it” in CBA negotiation

There is a refusal to negotiation
No moves with both parties-- deadlock, which allows management to lock out and
the union to strike
How do you resolve a deadlock?

Strike
Lockout
Arbitration- we do not agree, but we agree to submit our disagreement to a third
person
*Run-away shop- act of transferring operations, machinery, to avoid a strike.
*ULP (Unfair Labor Practice)
- Relationship between the State and laborer is not merely contractual but it is
imbued with public interest
- Labor relations policy is mostly compulsory arbitration
- The desire of the state is that someday the state is no longer that we will slowly
veer away from compulsory arbitration because it is not healthy (lol)

- Article 218 To promote the primacy of free collective bargaining
- No bargaining without unions

- 1000 employees = they have to select a union which will be called the sole and
exclusive bargaining agent; there is a need for a strong union so that it can
negotiate the terms and conditions higher than minimum so that it will promote
the interest of the working clan
- It is the desire of the state that we will veer away from compulsory arbitration
- It is a statement of policy to promote free collective bargaining
- Thomas Jefferson (father of the US constitution): “the best government is the
government that governs less” - Goal of Republicans to each according to what
he deserves
- Democrats: pro-unions/pro-labor; Republicans: pro-business
2 Appropriate Bargaining Units:

- in one company, there is at least 2 ABUs: 1) for the supervisors; and 2) for the
rank-and-file
- Managers are not included in ABUs
- 20% of the entire ABU: you can form a union. If registered, it becomes a
Legitimate Labor Organization
- Certification Election: election to be participated in by all members of the ABU;
the winner will represent the entire ABU and sign a collective bargaining
agreement
- The state must protect the workers against unfair labor practices because ULP
is like a virus created by management used to attack 4 rights - 1) the right to
self-organization; 2) the right to collective bargaining; 3) the right to strike; 4) the
right to security of tenure
The company, using its superior strength, its superior knowledge, superior influence,
and resources would employ some tactics to harass, persecute, coerce, intimidate
and use all forms of influence to discourage unionism - unfair labor practice
And unfair labor practice is a criminal offense - punishable by imprisonment

-any act or omission whereby there is a deliberate intent to intimidate or to coerce
the union
August 14, 2019 (4th meeting) Page 240
(Specific right in Labor Law) Right to Self organization - right to join, to assess in
the formation and to form labor organization for economic and political. (JAF)

Main objectives:
1. Increase the economic status of the workers through the union; and
2. State institutionalized the unions as an instrument to advance the economic
rights of the working rights.
POLITICAL RIGHTS - means the power to participate in decision making. The

collective power of the people to defend themselves against oppressive and
exploitative propensity of management. That the union will serve as a defense for the
employees (the latter cannot be terminated without any just or authorized causes)
Calalang vs. Williams (equalizes the power)
ECONOMIC RIGHTS
Union- means to achieve (not an end itself) the ultimate objective of helping the
working class negotiate for better terms and condition of employment.
Sweetheart Contract - a Collective Bargaining Agreement equivalent to the Labor

Standards. Give only what the law has already provided. Workers are at the losing
end in this situation.
EFFECTS: Illegal contract. Contrary to public policy. Voidable contract.
WHAT MAKES a Legitimate Labor Organization( LLO)?

Registration elevates the status of the LLO.
Why is there a need for Registration?

An LLO without registration does not have juridical personality. It cannot enter
into contracts; own property per se.
CLASSIFICATION of Industrial, Agricultural and Commercial Workers
“Atty. Jimenez used an example of a chicken to differentiate the terms”
Agricultural Workers - “yung manok pag nasa poultry pa agricultural yan.”
Industrial Workers - “pag ang manok kinatay na at ginamitan ng makina para siya ay
patayin.”
Commercial Workers - “pag kinarga na sa van yung manok at dinala na sa

supermarket.”
All employees of all establishments are allowed to Right to Self-Organization.

Excluded from the Right to Self- Organization - Executives, Managerial and
Confidential Employees
Included in the Right to Self Organization- Rank-and-File & Supervisory

Employees (cannot mix both rank and file with supervisory employees; they have
their own unions)
UNION NG MGA MANGAGAWA NA WALANG MAGAGAWA - Not entitled to form

unions but can form a workers association for the purpose of equal protection not
bargaining (examples seller of sampaguitas; any person who has no definite
employer who are just waiting for a call to work)
WHO ARE SPECIFICALLY ENTITLED BY LAW TO ENJOY RIGHT TO

SELF-ORGANIZATION?
1. SUPERVISORS (ART 299 FORMERLY 209) - explicitly allowed by law but

they are not permitted to join rank-and-file unions.
2. EMPLOYEES WHO ARE DISMISSED/ TERMINATED- removed from payroll

but is still entitled to join union. (Those who are still contesting their
terminations)(not final determination yet coming from the management)
3. ALIENS WITH VALID PERMIT (GENERAL MILLING CO vs. HON RUBEN
TORRES) Provided Alien Employment Permit to work here in the
PHILIPPINES.
2 requisites before an Alien can join a UNION in the Philippines
1. Valid work permit and
2. Reciprocity Doctrine
4. GOVERNMENT EMPLOYEES (not allowed to right to strike)

(Executive Order No. 180)
2 general classifications
1. Those who are performing purely government functions
2. Those who are performing patrimonial function (government controlled
corporations ex. Landbank; DBP and government financial institutions)
QUESTION: Are the government employees entitled to right to self

organization? (TUPAS VS. NATIONAL HOUSING) -employees who belong to the
bureaucracies (DFA,DND) who were entitled to right to self-organization but however
is NOT allowed for collective bargaining but for collective negotiation.
NEGOTIATION VS. BARGAINING

Collective Bargaining Agreement- contract (private)
Collective Negotiation Agreement- (government)
5. MILITARY, POLICE, FIREMEN (Bureau of Fire Protection) and BUREAU of

Jail Management (but they can form associations (for social purposes only) but not
for political & economic purposes)
6. SECURITY GUARDS (Executive Order No. 111) (Case of MERALCO VS.

NLRC) -where the Supreme Court EN Banc upheld the validity of unions amongst
security guards. They are allowed to collective bargaining and the right to strike.
7. IGLESIA NI CRISTO MEMBERS -they are prohibited by their doctrines to join

unions (they cannot serve two masters at once) *THIS IN ACCORDANCE WITH
THE RULES OF IGLESIA. THEIRS DOCTRINES IS NOT A LAW.*
However under the labor law, they are allowed to join unions.
8. EMPLOYEES OF A COOPERATIVE - State encourages the workers to form

cooperative.
COOPERATIVE -a juridical entity. Creation of the people.
KINDS OF COOPERATIVE - Multi-Purpose or Crement Cooperative.
MANAGERIAL IN Art. 82 vs. Art 219 (paragraph 10) formerly Art. 212
Under Article 82 - managerial employees” refer to those whose primary duty
consists of the management of the establishment in which they are employed or of a
department or subdivision thereof, and to other officers or members of the
managerial staff.

Under Article 219- “Managerial employee” is one who is vested with the powers or
prerogatives to lay down and execute management policies and/or to hire, transfer,
suspend, lay-off, recall, discharge, assign or discipline employees. Supervisory
employees are those who, in the interest of the employer, effectively recommend
such managerial actions if the exercise of such authority is not merely routinary or
clerical in nature but requires the use of independent judgment. All employees not
falling within any of the above definitions are considered rank-and-file employees for
purposes of this Book.

MANAGERIAL VS. SUPERVISORY (distinguished the two terms under the case
of Bulletin Publishing vs. Hon. Sanchez)
Managerial - if you do not have the prerogative to hire, to fire, to transfer, to

promote, to layoff, to discipline employees and that you cannot make a decision on

your own by still having the need to seek permission from the higher authorities then
you are not a MANAGER. NOT ALLOWED TO JOIN UNIONS UNDER THE LAW.
Best Evidence - it is the function (not indicated in the Job Description but
through the Position Description) which establishes that you are a manager and not
the name itself.
CONFIDENTIAL EMPLOYEES - those who are given access highly delicate data
information; those who are close to management (ex. Secretary; HR; Finance)
*it is subject to the prerogative of the company to declare who are confidential
employees.
MERGER OF ALLIED BANK AND PNB (Two Organizations companies

merging together having only 1 company to serve as the Surviving Organization)
According to the Supreme Court Right not to join is subordinate with the right
to join. So therefore you have to join.
QUESTION: CAN WE COMPEL EMPLOYEES TO JOIN UNIONS?
CLOSED SHOP AGREEMENT - terms that an employee will not be hired unless
he/she first joins a union. The Supreme Court in many cases upheld the validity of a
closed shop agreement. Exception to the rule: Religious reasons (such as the case
of Ebralinag vs. Division Superintendent)
Union with a Mixture of Rank-and-File & Supervisory Employees

Under the old provisions of the Labor Code (if there a supervisor who joins the
rank and file, the juridical personality of the rank-and-file union is cancelled)
Under the present provisions of the Labor Code- THE MIXTURE DOES NOT
JUSTIFY THE ANNULMENT. It does not constitute as a ground for cancellation for
the said juridical personality.
PAGE 242 (REQUIREMENTS)
What are required to form a union?

1. Constitutional by laws;
2. Financial report;
3. Minutes of the meeting;
4. Officers’ name;
5. Address of the union;
6. Registration fee; and
7. Names of the workers constituting 50% percent of the ABU.

GROUNDS FOR CANCELLATION Page 243
RA 9481 ART. 239. Grounds for Cancellation of Union Registration. - The following
may constitute grounds for cancellation of union registration:
(a) Misrepresentation, false statement or fraud in connection with the adoption or

ratification of the constitution and by-laws or amendments thereto, the minutes of
ratification, and the list of members who took part in the ratification;
(b) Misrepresentation, false statements or fraud in connection with the election of

officers, minutes of the election of officers, and the list of voters;
(c) Voluntary dissolution by the members.
CASE OF TOYOTA MOTORS & TAGAYTAY HIGHLANDS in relation to RA 9481

(The mixture of supervisor and rank-and-file employees)
DOLE IS NOT A ROBOT WILL NOT IMMEDIATELY ISSUE A CERTIFICATE. If

they are doubting as to the allegations/documents the union has submitted,
they have the power to deny the issuance of such.
General Rule – the policy of the State to grant certificates. Exception to the General
Rule- denial is only an exceptional instance.
PART 2 OF THE RECORDING
Ø Intra-union Dispute – 2 unions belonging in the same organization fighting

against each other. (within the organization)
· For example: Quarrel between the Union President vs the Members of the Union
in the case of Impeachment for violation of the rules; Quarrel regarding Union
Dues.
Ø Inter-union Dispute– Union A vs. Union B (Federation vs. Local)
· Question: whether to allow the local to disaffiliate from the mother federation)
(CASE OF NATIONAL BANK OF EMPLOYEES NUBED VS. PNB) Local not
governed by any whatsoever restrictions.
· Procedural Recourse: will not be brought to the NLRC nor the Labor Arbiter, but
through the MED-ARBITER.
LABOR ARBITER – High Official equivalent to an RTC Judge (Presidential

Appointee)

MED ARBITER – Subordinate Official lower than the Regional Director (may not be
a lawyer); decision of the med arbiter may be appealed to the Secretary of the Labor.
· THERE IS NO SUCH THING AS MOTION FOR RECONSIDERATION FOR

DECISIONS ISSUED BY THE MED-ARBITER.
HIERARCHY OF COURTS IN LABOR CASES (ST. MARTIN FUNERAL HOMES

VS. NLRC)
Ø CLOSED SHOP AGREEMENT –Management and the SEBA agreed in the CBA
that the former will not hire rank-and-file employees. With the condition that the
management will not hire unless the prospective employees first become members
of the union.
August 28, 2019 (5th meeting)

Intra-union disputes
- Conflict between the union against its members - internal union affair; the labor
arbiter or NLRC has no jurisdiction
- The employer must not interfere because once it favors a side, it constitutes
interference - unfair labor practice
- Every member of the union has the right to be consulted
The labor arbiter or the NLRC has no jurisdiction over intra-union disputes. The
company has no legal personality to interfere in intra-union affairs. Once the
employer favors one side, it will constitute interference, which is an unfair labor
practice.
Political Rights of Union Members:

1. Determination by Secret Ballot of all Major Policies - sovereignty resides in
the members; any issue must be decided by all members, not just the union
officers. Any decision rendered by the union must be ratified by all the
members. as between the union and the member, the member is sovereign.
Therefore, the law protects the member because he has less in life. If it is the
Union versus the Management, the law will protect the Union.
2. Information on CBL and on rights and obligations - ll members must be
informed of the Constitution and By-laws, CBA, Labor Relations System, and
all other matters affecting their rights. (“Knowledge is Power”)
3. No imposition of Other Qualifications - In choosing the officers of the Union,
additional ‘discriminatory’ or ‘elitist’ requirements should not be made. It

promotes exclusiveness, not inclusiveness; and is contradictory to democracy.
The only requirement for a member to run as an officer is that at the time of
election, he is a member of good standing.
4. Those convicted of crimes involving moral turpitude are not allowed to be
elected or appointed. (An ex-convict may join a union; but to be an officer, he
must not be an ex-convict of a crime involving moral turpitude)
5. Term of office of the official is limited to 5 years and must be elected secretly
and directly by the members
6. Right against knowing admission of subversives
7. Secretary of Labor should be furnished with a list of elected officers and list of
appointed officers within 30 days
*Refer to page 248

Rights of Union Members on Financial Matters:
1. Salaries of Officers should be in accordance with the Constitution and By-laws

- Union officials may receive salary from the union but must be in accordance
with the by-laws and Constitution (ratified by the members) - if not in the
by-laws, union members must pass a General Resolution. Any other method
of giving salary (not by constitution, by-laws, or general resolution) is ULTRA
VIRES.
2. True and Correct Accounting by treasure

3 instances when Accounting must be true and correct:
- If the treasurer resigns from his position
- If promoted and the employee declines - not insubordination; promotion is a
gift, nobody is compelled to receive it
- If an employee is asked to transfer and he declines - insubordination (Ground
for Termination)
3. Books of Account and Financial Statements must be open to inspection by the

union
4. Reports on all Financial Transactions, full and detailed
5. No arbitrary, excessive initiation fees
6. Use of funds only if allowed by the Constitution and By-Laws
7. No check-off unless allowed by individual resolution
Check-off: a provision in the CBA stating that the Company will deduct a certain
amount from the salary of all union members and transmit the amount to the union
Certification Election - to determine who will be the sole and exclusive bargaining
agent who will represent the entire appropriate bargaining unit
*agency fees will be collected by the SEBA

*group activity about CE*
September 4, 2019 (6th meeting)
MODULE FIVE: COLLECTIVE BARGAINING
There is a difference between the concept of membership in the Union and

membership in the Bargaining Unit. In other words, you can be a member of the
bargaining unit and not a member of the Union.
Members of the Iglesia ni Cristo are Non-Unionized because of the prohibition on

membership in Unions.
When the SEBA wins in the CE out of the 3 unions (see illustration), they have an
enemy, the NO UNION which is the favorite of the Management. If the company is
not unionized, the cost of the labor is minimized. It would depend only on the
minimum wage. But if there is a union, there could be increases above the minimum
wage.
Although the law declares it a policy of the State to promote Unionism as an

instrument of public policy. It would give people more freedom to participate in the
decision of political and economic matters which pertains to their rights and welfare.
If the winner is Union C, it would represent not only its members but their opponents
as well.
The process is called “bargaining” and the result is called “collective bargaining
agreement.” If the parties are not able to settle, the Secretary of Labor can assume

jurisdiction and the NCMB can conciliate and mediate and the case can be
submitted to compulsory arbitration and there needs to be a 3rd party to break the
deadlock and the deadlock would be a ground for filing a notice to strike.
DEADLOCK is the state of inaction or of neutralization caused by the opposition of

persons or factions or an occurrence when there is a complete blocking or stoppage
resulting from the action of equal and opposed forces. (page 320)
There are only 2 grounds to strike in the Philippines:
1. Economic strike (deadlock strike) – when the workers stage a strike

because there is a deadlock.
2. Political strike - if the strike is brought about by Unfair Labor Practice
(ULP).
Illegal dismissal is not a valid ground to strike

Any strike that is done outside of the 2 grounds is a STRIKE that is ILLEGAL FROM
THE VERY BEGINNING.
CBA is a right. There is a duty on the part of the Management to bargain. The
employer has no choice but to recognize the winner in the CE. If the Administrator
refused to recognize the SEBA, it is a serious offense.
In the case of DVU v. Secretary of Labor
Management now has a duty, since there is no CBA yet, to meet the Union. The
management needs to sit down and negotiate with the SEBA. Any bad faith in CBA
is ULP. (see Bad Faith Bargaining) There must be bargaining in good faith. The
parties are not compelled to agree on any proposal in the first meeting.
A STRIKE of the labor is a helpful mechanism in the right to collective bargaining.

The remedy of the management is LOCKOUT.
The State has the right to intervene if the business is imbued with public policy (ex.
Airports, Schools, etc.)
STEPS: (page 315)
1. 90% of the time, the Union initiates the notice to Collective Bargaining.
But the State also recognizes the right of the Management to initiate
Collective Bargaining. It is done by sending a written notice of intent to
negotiate with written proposals to the other party.

2. If the written notice was received the other party shall write a reply within
10 calendar days.
Note: In the Philippines,only the Union can strike, not the workers. In case of
Deadlock, only the SEBA can stage a strike.
3. Conference must be held within 10 calendar days from receipt of the

proposals.
4. NCMB can intervene through conciliation. NCMB need not be
summoned, it may intervene anytime.
What are the scenarios if there is an impending deadlock?
ü The NCMB may conciliate and mediate; will summon the parties to
conciliation and mediation.
ü The Secretary of Labor may issue an assumption order. Assumption
order is a document giving the parties notice that the Secretary of
Labor shall assume the case and in the meantime, no strike may be
allowed.
ü The Secretary of labor may certify the case to the NLRC for Compulsory
Arbitration.
5. Settle the dispute or have it submitted to voluntary arbitration.
Note: Voluntary Arbitration is the act of submitting the case to a private person who
has experience in arbitration through raffle, or mutual agreement by the parties. The
decision of the arbiter may be appealed to the Court of Appeals under Rule 43 or 42.
The procedure above should produce a contract.
How long is the duration of the CBA

· Political – 5 years
· Economic – 3 years
Freedom Period – The only time that the union members can resign from the union
and form another union to contest the incumbent. The last 60-days from the 5-year
period.
What happens if the employee resigns from the Union before the Freedom
Period?
- The employee will violate the Union Security Clause

a. Closed-shop – an agreement contained in the CBA between the
employer and the employees or their representative that no person
may be employed in any or certain agreed departments of the
enterprise unless he or she is, becomes, and for the duration of the
CBA remains, a member in good standing of the SEBA and the
ABU.
i. What if the employees still refuses to join a union
in a “close-shop?” ANSWER: the Union can ask the company to
terminate the employee EXCEPT if the purpose is religion.
b. Union-shop – an agreement contained in the CBA, whereby all
new regular employees are required to join the union within a
certain period as a condition of their conditioned employment.
c. Maintenance of membership-shop – an agreement contained in
the CBA whereby employees who are union members as of
effective date of the agreement, and those who thereafter became
members, as a condition for continued employment except when
they are promoted or transferred out of the bargaining unit.
d. Open-shop – is an agreement that is also contained in the CBA,
whereby an employer is free to hire anyone, union member or not,
but the new employee must join the union within a specified time
and remain a member in good standing.
i. Gives employees the freedom to be a member or
not.
e. Agency-shop – is an agreement that is likewise contained in the
CBA whereby non-union members inside the ABU are required to
pay agency fees to the SEBA in an amount equal to the union dues,
as a payment for the SEBA’s efforts in obtaining benefits they
received through collective bargaining.
i. Employees are not compelled to be a member of
the Union but obliged to pay “Agency Fees”
What is a “Union Security Clause”?

- It is a term or provision in the CBA that secures the SEBA. There is a
need to protect the SEBA, if not, the employees may resign from the union
and the SEBA will now be the minority. The evil sought to be avoided is
instability.
Grievance Machinery – it is a step by step procedure.
- Step 1: Raise the concern to the department head.

- Step 3: If not, the division head.
- Step 3: General Manager. If all fails, it can be brought to the NCMB.

You cannot strike if the Grievance Machinery is not utilized because of the doctrine
of Exhaustion of Administrative Remedies
Jurisdiction of Grievance Machinery:

1. Interpretation and Implementation of the CBA
2. Enforcement and interpretation of Company Personnel Policy.
o Ex. Company disciplinary action, etc.
Re: Constitution, the scope is the definition of the ABU. Management prerogative will
be reiterated in the CBA.
The more rights are included in the CBA, the less rights are included in the
Management prerogatives.
“Last in, first out” policy is valid.
WHAT IS THE EFFECT IF THE MEMBER RESIGNS AFTER THE LAPSE OF 60

DAYS?
IF A NEW SEBA HAS NOT BEEN CHOOSE, THERE IS A HOLD OVER. THE
MEMBER IS STILL BOUND BY THE UNION.
MODULE SIX: UNFAIR LABOR PRACTICE
ULP can be likened to a virus which attacks organs (rights of employees)

ULP can be committed against:
1. The Right to Self-Organization – a vital organ the gives life to the rights
of the workers.
2. The Right to Collective Bargaining –
3. The Right to Strike (peaceful concerted action) –
4. The Right to Security of Tenure –
Any action, decision, omission that is designed to defeat any of these 4 rights
especially the right to self-organization are considered ULP
ULP can also be likened to an unlawful aggression, with the right to strike being the
reasonable means to repel such aggression
Yellow dog contract- hiring not because of competence but of loyalty

Featherbedding- a figure of speech which simply means to bribe; both giver and
receiver shall be liable
X notice of grievance
X notice of strike
General rule: All ULP is anti-union.
Exception: retaliatory dismissal due to adverse testimony
Unfair Labor Practice – any action, any decision, any omission that is designed to
defeat any of the four rights above, specially the right to self-organization.
ULP not exclusive. If analogous acts occur, so long as there is anti-union intent, the
act is ULP.
ART. 258:
1. Violate the constitutional right of workers and employees to

self-organization.
2. Is inimical to the legitimate interests of both labor management.
3. Is inimical to the right to bargain collectively with freedom and mutual
respect.
4. Disrupts industrial peace.
5. Hinders labor-management relations.
6. Is a violation of the civil rights of the parties.
7. Is a criminal offense against the state.
ULP of Employers ULP of Labor

(Art. 259, LCP) Organization
(Art. 260, LCP)
Restraint, Restrain or Coercion

Interference, or in the exercise of the
Coercion in the right to
exercise of the right self-organization
to self-organization
(RIC)
Yellow Dog Contract

Contracting out in
order to coerce or
restrain employees
in the exercise of the
right to
self-organization
Labor Only
Contracting is
prohibited. The way
to dilute the union is
to hire contractual
employees.
Initiation, Featherbedding
dominating,
assisting, interfering,
and giving support to
Unions. (IDAIG)
It is prohibited for the

management to
initiate the
establishment of
union. Any form of
assistance shall be
refused by the union.
Discrimination in To cause or attempt

order to encourage to cause an
or discourage union employer to
membership discriminate against
an employee
Retaliatory
dissmissal or
discrimination due to
adverse testimony
Violation of the duty Violation of the duty

to bargain to bargain

Paying negotiation or Asking or accepting
attorney’s fee to the negotiation or
union. attorney’s fee from
management
To violate the CBA To violate a CBA
Management cannot interfere in the internal affairs of the Union (Bystander Rule).
The management can commit ULP even if there is no union through retaliatory
dismissal or discrimination due to adverse testimony.
PENALTIES FOR ULP:
Art. 303, LCP
Fine: Php 1,000 to Php 10,000 or

Imprisonment – 3 months to 3 years or both
Art. 258, LCP
1. Recovery of damages under the Labor Code bars any recovery under
the Civil Code
2. Final Judgement in Labor Proceedings, is a prejudicial issues to criminal
prosecution
3. Final judgment labor proceedings not binding evidence in the criminal
case of guilt but merely of compliance or prejudicial issue.
Art. 305, LCP
Prescriptive Period: 1 YEAR
TAKE HOME QUIZ 1

1-3 What are the 3 new rights of labor in the Constitution?
1. Right to self-organization
2. Right to collective bargaining and negotiations

3. Right to peaceful concerted activities including the the right to strike in
accordance with the law.
Also worth mentioning are the ff:
4. Right to participation in policy and decision making processes, affecting
their rights and benefits
4-6 What are the 3 rights of employers?
1. Right to reasonable return of investment
2. Right to expansion and growth
3. Right to lay down and execute management policies; right to hire, transfer,
discipline, dismiss, retrench, etc.
7-11 What are the 5 dimensions of the State’s protection to labor
First, the State protects labor from the abuses of employers and promotes its rights
and interests in the form of labor and social legislation, as well as a more favored
treatment in labor litigations and appeals; (protection against capital)
Second, the State protects labor from both the excesses and negligence of its own
union, federations, and officials and upholds the individual member’s rights vis-à-vis
the union’s powers; (protection against unions)
Third, the State protects labor from its own protectors, the government and
bureaucracies and shields labor too much technicalities and bureaucratic inanities;
(protection against government)
Fourth, the State also protects labor from its other protectors, some lawyers whose
certain unethical practices may turn out to be grossly disadvantageous to some
workers; and (protection against unethical lawyers)
Fifth, the State protects labor from its own errors, misjudgment, and imprudence and
liberates the workers from the legal binding effects of their hastily signed and
ill-considered contracts, quitclaims, compromises, and settlements. (protection
against labor itself)
12 Yellow dog contract
An agreement that the person will be hired subject to the condition that he will not
join a union and if he is already a member of one, he should resign. It is considered
an unfair labor practice since it violates Art. 248 (b) of the Labor Code.
Art. 248
(b) To require as a condition of employment that a person or an employee shall not
join a labor organization or shall withdraw from one to which he belongs;
13 Featherbedding
It is a bribe given to the union president for particular favors. It is considered an
unfair labor practice since it violates Art. 249 (d) of the Labor Code.
Art. 249

(d) To cause or attempt to cause an employer to pay or deliver or agree to pay or
deliver any money or other things of value, in the nature of an exaction, for services
which are not performed or not to be performed, including the demand for fee for
union negotiations;
14 Wild cat strike
Strike which is not authorized by the majority. It is considered an illegal strike,
violators of which would result to the termination of their employment.
15 Boulwarism
It is a “take it or leave it” strategy named after Lemuel Boulware, a former Vice
President of General Electric. It is a refusal to negotiate or participate in a CBA, with
the employer handing out an offer asking the employee to “take it or leave it”, which
is considered an unfair labor practice since it violates Art. 248 (g) of the Labor Code.
Art. 248
(g) To violate the duty to bargain collectively as prescribed by this Code;
16 Run-away shop
The act of transferring operation, machinery, or equipment to another location to
avoid a strike, which is considered illegal.
17 LLO
LLO stands for Legitimate Labor Organization. It refers to any labor organization duly
registered with the Department of Labor and Employment, and includes any branch
or local thereof.
18 SEBA
SEBA stands for Sole and Exclusive Bargaining Agent. It refers to that LLO which
won the Certification Elections. In case no CE is held, there is such thing called a
voluntary recognition wherein the lone LLO is declared the winner by submitting the
requirements to DOLE and DOLE will issue the Certificate of Registration.
19 Certification Election
Certification Election refers to that election the purpose of which is to determine the
SEBA.
20 ABU
ABU stands for Appropriate Bargaining Unit. A bargaining unit has been defined as a
group of employees of a given employer, comprised of all or less than all of the entire
body of employees, which the collective interest of all employees, consistent with the
equality to the employer, indicate to be best suited to serve the reciprocal rights and
duties of the parties under the collective bargaining provisions of the law. The ABU
refers to that bargaining unit of either the supervisorial employees or the rank and file
employees.
Jose Rio E. Sanchez 2017400095

Labrel SPL-F Atty. JBJ

Labor Relations Lecture

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LABOR RELATIONS

Culled from the Lectures of Usec. JBJ

July 24, 2019 (1st meeting)

In the definition of Social Justice provided in the case of CALALANG V. WILLIAMS,

Depriving an employee of his livelihood is depriving him of his life.

How is a union formed?

Antonio.Ebuña.Laxamana.Sanchez LABREL SPL-F AY 2019-2020

Exception? If the reason is religious.

Legal basis? Art. 218

DVU v. SECRETARY OF LABOR

Organized- union granted with LLO status

The State is not just the government

Labor Standards- provides for the minimum requirements

Why are unions formed?

Antonio.Ebuña.Laxamana.Sanchez LABREL SPL-F AY 2019-2020

“Parang sa fraternity lang yan. Pag member ka ng fraternity (Lambda Lambda

Article XIII, Sec 3

2. Right to humane conditions of work

History of Social Justice

Antonio.Ebuña.Laxamana.Sanchez LABREL SPL-F AY 2019-2020

“Ibagsak ang fasismo, imperyalismo, misis mo.”

Antonio.Ebuña.Laxamana.Sanchez LABREL SPL-F AY 2019-2020

Art. 19, NCC

“Justice delayed is pregnant”

July 31, 2019 (2nd meeting)

RIGHTS OF LABOR GUARANTEED IN THE 1987 CONSTITUTION pp. 78-79

Terrorism is just a reaction to the abuses of the capitalists.

“He who makes the gold, makes the rules.”

Antonio.Ebuña.Laxamana.Sanchez LABREL SPL-F AY 2019-2020

Justice Laurel- CALALANG V. WILLIAMS

Not just a matter of reason but also a matter of charity.

Case reporting of SAMEER OVERSEAS PLACEMENT AGENCY V. JOY

This is an example of the State’s protection to labor, local or overseas.

Antonio.Ebuña.Laxamana.Sanchez LABREL SPL-F AY 2019-2020

equal protection of the law

What is the background/ context of this case?

Antonio.Ebuña.Laxamana.Sanchez LABREL SPL-F AY 2019-2020

Surreptitious insertion of provisions limiting the amount of salaries is a betrayal of the

What is the message which this case seeks to impart?

The case of Cheryll Leus v. St. Scholastica

LEVELS OF PROTECTION/ FIVE DIMENSIONS OF THE STATE’S PROTECTION

Antonio.Ebuña.Laxamana.Sanchez LABREL SPL-F AY 2019-2020

August 7, 2019 (3rd meeting)

Antonio.Ebuña.Laxamana.Sanchez LABREL SPL-F AY 2019-2020

B. Promote free trade unionism

Case reporting of Philippine Bus Transport v. DOLE

5 DIMENSIONS OF PROTECTION TO LABOR pp. 174-201

Antonio.Ebuña.Laxamana.Sanchez LABREL SPL-F AY 2019-2020

4. Against unethical lawyers

5. Against labor itself

The State shall afford full protection to Labor

RIGHT OF EMPLOYEE TO PARTICIPATION IN ALL MATTERS RELATED TO

“Lay down policy” refers to the rule-making power

“Wisdom is not the monopoly of management”

What is the meaning of “participation”?

Case of Philippine Airlines v. NLRC pp.156-168

Antonio.Ebuña.Laxamana.Sanchez LABREL SPL-F AY 2019-2020

Definition of terms pp.70-71 (see also pp.71-77)

Antonio.Ebuña.Laxamana.Sanchez LABREL SPL-F AY 2019-2020

*Wild Cat strike strike that is not authorized by the majority

*Boulwarism “take it or leave it” in CBA negotiation

How do you resolve a deadlock?

*Run-away shop- act of transferring operations, machinery, to avoid a strike.