AIDALYN LIMBO MENDOZA3rd Year

Answer in Final ExaminationLabor 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-to-work 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 vice-versa.

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 vice-versa.

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 State23.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 non-agricultural: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; andf. 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 non-agricultural: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-in-interest, 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 collectively32.(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 duesare a regular payment of money made by members ofunions.Duesare the cost of membership; they are used to fund the various activities which theunionengages in. Nearly all unionsrequire their members to paydues.

(g)An Agency Fee Agroupofworkersjoined together in a specific type oforganizationfor the purpose of improving theirworking conditionsas well as to help inpromotingthecommoninterestsof 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 self-organization 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 therightof workers and employees to form, join or assist unions,organizationsor 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 234-A 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.