University of the East

Manila

Final Examination

LABOR RELATIONS LAW

I. Write “T” if majority of the propositions is True and “F” if majority is False. (20 Pts)

A. _______
1. Union busting obtains when a union officer is dismissed and his dismissal
threatens the existence of the union.
2. A shop steward is not a union officer.
3. Union busting is an unfair labor practice (ULP).
4. ULP is both a labor law violation and a crime.
5. ULP as a crime can be tried by the courts, subject to the Non-Prejudicial Rule.

B. _______
1. Only eligible voters, except probationary employees, can vote in a certification
election.
2. A certification election is conducted by the Med-Arbiter.
3. The RD certifies as EBR the union that gets majority vote based on valid votes.
4. Majority vote means 50% plus 1.
5. CE can be conducted thru viva voce.

C. _______
1. Mixed-union membership is a ground for CR cancellation.
2. Confidential employees may join a rank-and-file union.
3. A legal secretary is a confidential employee.
4. A confidential employee is one who occupies a position of trust and confidence.
5. A non-confidential employee cannot be dismissed for lost of trust and
confidence.
D. _______
1. In general, refusal to bargain is a ULP.
2. There is refusal to bargain when the employer does not reply to the union’s
demand to bargain within 5 days from receipt of the demand.
3. Failure to reply is no different from refusal to reply.
4. The employer is excused from replying to the demand when the demand is
made without prior compliance with the jurisdictional preconditions of
collective bargaining.
5. Even in the event of a mass resignation of the members of the EBR, the
employer must still reply to the demand to bargain served by the EBR.

E. _______
1. A just cause for dismissal must be a listed cause.
2. An unlisted cause cannot justify a dismissal.
3. Inefficiency can never justify the dismissal of a regular employee.
4. Quarrelsome attitude is an analogous cause for dismissal.
 5. A probationary employee can only be dismissed for failure to qualify at the end
of the period of his probationary employment contract.

F. ______
1. Evasion of the duty to collectively bargain is an unfair labor practice (ULP).
2. It is ULP if the employer evades a mandatory subject of collective bargaining.
3. Mandatory subjects pertain to hours of work, wages and statutory benefits.
4. Non-mandatory subjects are those not required by law and those not covered
by previous CBAs.
5. A proposal to exclude retirement pay from the subjects of CBA negotiations is
ULP.

G. ______
1. Loss of trust and confidence is one of eight (8) just causes for dismissal.
2. It is available when there is “some basis” for its use as a ground for terminating
an employee.
3. The employer must prove the employee’s breach or fraud.
4. The employer has a wider latitude of discretion in dismissing on this ground
managers, occupants of positions of trust and confidence, and employees
entrusted with the custody of its funds or property.
5. Evidence of the required basis, if theft is committed, must be proof beyond
reasonable doubt because theft is a crime.

H. ______
1. Backwages are also known as lucrum cessans.
2. They are full because, among others, the base figure for computation has been
expanded to include regular allowances and benefits.
3. If the illegally dismissed employee’s last basic monthly salary was P30,000.00,
and he was receiving regular transportation and communications allowances
totalling P5,000.00 per month, the base figure shall be P35,000.00.
4. If the period of his illegal dismissal was 10 months, the base figure shall be
multiplied by said period.
5. Hence, the amount of backwages to be awarded shall be P350,000.00.

I. _______
1. Immediate reinstatement means reinstatement within 10 days from receipt of
the order to reinstate.
2. Non-compliance shall raise the presumption of refusal to reinstate.
3. Unless the presumption is overcome, the employer shall be liable for the
payment of reinstatement wages in all cases in which the order is reversed with
finality.
4. The rule will not apply when non-reinstatement is occasioned by corporate
rehabilitation.
5. The base figure for computing reinstatement wages is the same as when
computing backwages.

J. ______
 1. An employer’s appeal, in cases involving a monetary award less damages and
attorney’s fees, is deemed perfected only when he has posted an appeal bond.
2. An employer is allowed to file a motion to reduce appeal bond, provided his
motion is on meritorious grounds and it is accompanied by a reasonable bond.
3. Reasonable bond is 10% of the money judgment, including nominal damages.
4. If the motion to reduce appeal bond is denied, the employer shall double the
accompanying bond; otherwise, his appeal will be dismissed for non-perfection.
5. If no bonding company is willing to issue a surety bond to the employer by
reason of the huge amount of the award, the employer is allowed to support his
appeal with a 10% appeal bond.

II. 5 Pts Each. Omitting the numbers in your answers, re-arrange the following sentences or
phrases to communicate strong and valid arguments. Choose the proper legal terms or rulings
from the menu enclosed in parentheses. Correct mis-spelled words, wrong usage, or wrong
tense. Observe the 3-paragraph method in writing essay answers. (10 Pts)

A. On Due Process

1. Therefore, the motion must be (dismissed/denied) for lack of meruit.

2. I (disagree/submit otherwise).
3. The Serrano Doctrine, under which Darwin was terminated, required payment of
backwages as a result of non-compliance with (due process/prescribed pre-termination
procedure).
4. As such, it can be retroacted back per ruling of the Supreme Court in the (De Jesus
Case/Jake Food Case).
6. However, the (Agabon Court/Davide Court) (modified/abrogated) the Serrano ruling.
7. The subsequent Agabon Doctrine, under which the validity of the dismissal of Darwin
is judicially affirmed with finality, is a curative jurisprudence.
8. Owing to its potential for causing injustice, the Supreme Court had changed backwages
to nominal damages.

B. On Strike

1. The argument is correct.

2. The right to self-organization, a constitutionally guaranteed right, includes workers’
right to collective bargaining.
3. In turn, collective bargaining includes their right to strike.
4. Unless withheld by statute, therefore, right to strike in accordance with law is an
accompanying guarantee.
5. In regard employees in the public sector, E.O. 180 has withheld their right to strike.
6. Hence, teachers of the Mababang Paaralang Barangay Kataastaasan cannot strike.

III. Essay

Before the onset of the freedom period, rival Marital Union – wanting to unseat contracting
union La Union – filed a CE petition with the Office of the Med-Arbiter. In the CE conducted despite the
effectivity of the CBA which had yet to be registered, 504 of the 1000 eligible voters cast their ballots.
Of the 504 ballots , with no spoiled or blank ballots cast, the participants garnered the following votes:
La Union - 252; Marital Union - 250; and No Union – 2.

(a) Based on the foregoing facts, what are the two (2) necessary questions to ask? (5 pts)
(b) What are your answers to those questions? (10 pts)

IV. 5 Pts.

The answer is:

No. Labor disputes are better resolved thru voluntary modes of settlement. Industrial
peace cannot be achieved thru State compulsion; hence, the policy is No Injunction. Injunction
represents the strong arm of equity. Instead of preserving status quo, it might create a new
one. Hence, its invasive effect must be avoided.

Construct the essay-type problem answered.

V. Multiple Choice Questions. Explain all choices in 1-2 sentences (50 Pts)

1. ULP is committed in the following:

(a) Evasion of a proposal to exclude retirement package;
(b) Failure to reply to a demand to bargain;
(c) Flagrant and gross violation of the union security clause;
(d) Dismissal of a shop steward as to threaten the existence of the union;
(e) Dismissal of a union officer.

2. Which of the following is not a reinstatement bar:

(a) Retirement;
(b) Strained relations;
(c) Position of trust and confidence;
(d) Abolition of position;
(e) Refusal to reinstate.

3. Which of the following represents full backwages:

(a) Last daily salary, plus allowances and benefits, x number of days of illegal
dismissal;
(b) Last daily salary x 26 days x number of months of illegal dismissal;
(c) Last monthly salary, including allowances, x number of months of illegal
dismissal, plus benefits;
(d) Last monthly salary, including regular allowances and monetary equivalent of
benefits, x number of months of illegal dismissal;
(e) Last salary + COLA, including all allowances, service incentive leave and 13th
month pay, x number of months of illegal dismissal.

4. Who of the following is a confidential employee:

(a) Cashier;
(b) Legal secretary;
(c) Personnel manager;
 (d) Private nurse;
(e) Bodyguard.

5. Which of the following is a cognate offense vis-a-vis insubordination:

(a) Theft of a company laptop;
(b) Libel against a corporate officer;
(c) Violation of meal rule;
(d) Use of shabu;
(e) Passing a Law student based on pure compassion.

6. What is the purpose of the Totality of Infractions Principle:

(a) To help determine the proper penalty to impose;
(b) To totalize just causes so that the extreme penalty of dismissal can be imposed;
(c) To conclude a complete just cause from several incomplete just causes;
(d) To serve the ends of exemplarity;
(e) To address an employee’s incorrigibility.

7. Which of the following is not an authorized cause for dismissal:

(a) Red-circle position;
(b) In the black financial position;
(c) In the red financial position;
(d) Incurable disease;
(e) Automation.

8. If Julius was dismissed on December 25, 2016 and the decision declaring him illegally
dismissed attained finality on November 30, 2017, how would you compute the period of his
illegal dismissal:

(a) 2017 11 30
- 2016 12 25
11 5 or 11.50 months
(b) 2017 11 30
- 2016 12 25
11 5 or 11.05 months
(c) 2017 11 30
- 2016 12 25
11 5 or 11.16 months
(d) 2017 11 30
- 2016 12 25
11 5 or 11.41 months
(e) 2017 11 30
- 2016 12 25
11 5 or 11.166 months

9. What is the Labor Code of the Philippines in Mindanao:

(a) Presidential Decree No. 442;
(b) Executive Issuance No. 442;
 (c) Sharia Matter No. 442;
(d) Integrated Workman’s Code No. 442;
(e) Muslim Labor Decree of 1974.

10. Which numerical message, sent by a dean to a professor, constitutes sexual harassment:
(a) 143;
(b) 6 + 9 = 69;
(c) i 1 2 ½ 6;
(d) 4 – 1 carry 1;
(e) 14344.

REMINDER

REVIEW FOR THE SEMESTRAL RECITATION.