Outline Reviewer on Labor Relations (Book 5 of the Labor Code)

BOOK V ON LABOR RELATIONS

A. What is the important of the existence of employer-employee relationship in the application of Book V of the Labor Code?

B. What is the right of control test?

C. What is the economic dependence test?

D. What are landmark decisions of the Supreme Court on the existence of employment relationship regardless of inapplicability of the tests?

E. Article 219’s definition of an employee
1. Can a striking employee receive bonus or other benefits given during the period of strike?

F. What is the purpose of Book V of the Labor Code as contradistinguished from other books?

G. Employee’s right to self-organization under Article 292

H. What is a collective bargaining unit?

I. What are the tests in determining if a collective bargaining unit is proper? Who declares if it is not?

J. Right to organize as a constitutional right
1. Who can unionize for purposes of collective bargaining?
i. All Persons Employed
ii. Employees of Government-Owned and Controlled Corporations (GOCCs) without Original Charter
iii. Employees of Religious, Charitable, Medical or Educational Institutions Whether for Profit or Not
iv. Front-Line Managers
a. Rule on Mixed Membership
b. Confidential Employees under the Doctrine of Necessary Implication
v. Alien Employees
vi. Working Children
vii. Homeworkers
viii. Employees of Cooperatives
ix. Employees of Job Contractors
2. Who CANNOT unionize for purposes of collective bargaining?
i. All Employees of Any Branch, Subdivision or Instrumentality of the Government
ii. All Employees of GOCCs with Original Charter

K. How to become a legitimate labor organization?

L. What is the 20% requirement in case of independent registration?

M. How does a union become a sole and exclusive bargaining agent (SEBA)?

N. What are the rights of a SEBA not enjoyed by other organizations?

O. What is a certification election?

P. What is a consent election?

Q. What is a petition for SEBA certification?

R. What is a run-off election?

S. What is a re-run election?

T. The BLR; Registration Process
1. Appeal from RD to BLR to CA
2. Appeal from BLR to SOLE to CA

U. What is the duty of the Bureau of Labor Relations (BLR) in case of a petition for certification election?

V. What is a federation union?

W. What is a national union?

X. What is a trade union?

Y. What is chartering and how is it different from affiliation?

Z. The right to disaffiliate

AA. Damages in case of disaffiliation

BB. What is the double majority rule? Does it apply to consent elections?

CC. When is there failure of election?
1. The first majority rule
2. Company Interference
3. Natural Disasters and Force Majeure

DD. What is the NO UNION option?

EE. What is the difference between a consent election and a petition for SEBA certification?

FF. What are the rights of a minority union?
1. Right to Maintain Membership
2. Right against Unfair Labor Practice (ULP) and other Illegal Acts of the Employer
3. Right against ULP and other Illegal Acts of the Majority Union

GG. Who initiates negotiation?

HH. What is the one-year rule in negotiation?

II. What is the negotiation bar rule?

JJ. Negotiation may ripen into a collective bargaining agreement (CBA)

KK. What is the contract bar rule?

LL. What is the lifetime of the CBA?

MM. What is the freedom period?

NN. What are the mandatory provisions of a CBA?

OO. Economic Provisions of the CBA

PP. Political Provisions of the CBA

QQ. Grievance Machinery

RR. Other Possible CBA Provisions
1. Intention to Be Bound
2. Union Shop Clause
3. Closed Shop Agreement
4. Maintenance of Membership Clause
5. Anti-Free Rider Clause
6. No-Strike Clause
7. No-Lockout Clause
8. Zipper Clause
9. Interpretation Clause
10. Family Planning Clause
11. Labor Management Council
12. Contract Length
13. Others

SS. Violations of Economic Provisions

TT. Violations of Political Provisions

UU. Disregard of Grievance Machinery

VV. ULP Committed against Minority Unions

WW. The 7-Day Rule under the Grievance Machinery

XX. Jurisdiction of the Voluntary Arbitrator (VA)

YY. Termination Disputes: LA or VA?

ZZ. Expiry of the CBA

AAA. The Freedom Period vs. The Renegotiation Period

BBB. The Duty of Bargain When There Exists a CBA (Automatic Renewal Principle)

CCC. Substitutionary Doctrine

DDD. New Employer Rule

EEE. Sale in Bad Faith

FFF. Substantial Change in Business Operation

GGG. Wiley Doctrine

HHH. Natural Reluctance of Employer to Negotiate

III. 10-Day Rule in Negotiation for CBA

JJJ. The Duty to Bargain
1. When There Exists No CBA
2. When There Exists a CBA
KKK. Blue Sky Bargaining

LLL. Boulwarism

MMM. What are remedies in case of ULP?

NNN. What is the assumption power of the President or the Secretary of Labor and Employment (SOLE)?

OOO. What is the certification power of the SOLE?

PPP. What is the automatic injunctive power of the President or the SOLE?

QQQ. Submission of a Dispute to VA at Any Stage of the Proceeding

RRR. How do labor disputes end?
1. Compromise Agreement
2. National Conciliation and Mediation Board (NCMB)
3. Labor Arbiter
4. Grievance Machinery
5. Voluntary Arbitrator
6. Assumption
7. Certification
8. Strike
9. Lockout
10. Reduced Offer Balloting
11. Improved Offer Balloting

SSS. Katarungang Pambarangay

TTT. Compromise Agreement
1. Interpretation
2. Noncompliance
3. Fraud
4. Misrepresentation
5. Coercion

UUU. The NCMB’s Role
1. No Injunctive Powers
2. Approve or Disapprove Notices of Strike
3. Preventive Mediation
4. Conciliation
5. Mediation
6. Wage Distortion (Article 124)

VVV. Jurisdiction of the LA
1. Questions of Existence of Employment Relationship
i. While it is SanMig's submission that no employer-employee relationship exists between itself, on the one hand, and the contractual workers of Lipercon and D'Rite on the other, a labor dispute can nevertheless exist "regardless of whether the disputants stand in the proximate relationship of employer and employee" (Article 212 [1], Labor Code) provided the controversy concerns, among others, the terms and conditions of employment or a "change" or "arrangement" thereof (ibid). Put differently, and as defined by law, the existence of a labor dispute is not negative by the fact that the plaintiffs and defendants do not stand in the proximate relation of employer and employee. (G.R. No. 87700 June 13, 1990)
2. Compromise Agreement
3. ULP
4. Termination
5. Terms and Conditions of Employment with Prayer for Reinstatement
6. Damages Arising from Employment Relationship
7. Other Claims Exceeding 5,000 Pesos
8. Violations of the Law on Strikes and Lockouts
9. Cooperative Employees’ Wages
10. Overseas Filipino Workers’ Wages and Other Claims
11. Wage Distortion (Article 124)

WWW. What are national interest cases?

XXX. Is there remedy from assumption or certification by the President or the SOLE?

YYY. Procedure in Strikes and Lockouts
1. Valid Grounds
2. Notice of Strike/Lockout
3. Cooling Off Period
4. Preventive Mediation
5. Notice of Strike Vote
6. 24-Hour Rule
7. Strike Vote Report
8. 7-Day Strike Ban

ZZZ. How does reduced offer balloting work?

AAAA. How does improved offer balloting work?

BBBB. Barangay Processes a Mere Replication of LA/VA Processes

CCCC. The NLRC’s Original Jurisdiction
1. Certified Cases
2. Injunction Cases in Relation to a Labor Dispute
3. Petition to Annul Orders or Resolutions of the LA

DDDD. The NLRC’s Appellate Jurisdiction
1. LA’s Decisions (within 10 days)
2. LA’s Contempt Decisions (within 5 days)
3. Regional Director’s (RD’s) Decision under Article 129

EEEE. The VA’s Decision Cannot Be Appealed to the NLRC

FFFF. Rule 65 as Remedy from NLRC to CA; from CA to SC

GGGG. What is the function of the NLRC en banc?
1. The NLRC Rules

HHHH. Attachment of NLRC to DOLE (Article 220)

IIII. Are decisions of an NLRC division appealable to the NLRC en banc?

JJJJ. Does the NLRC decide certified cases?

KKKK. Injunction without Reasonable Causal Connection to Labor Disputes

LLLL. What does the no injunction rule mean?

MMMM. Rule 12 of the 2011 NLRC Rules of Petition for Annulment

NNNN. Motion for Reconsideration before Appeal to the NLRC

OOOO. What are the requisites in appealing from the LA to the NLRC?
1. Memorandum in 3 copies
2. Proof of Service to Adverse Party
3. Verification
4. Proof of Payment of Docket Fees
5. Bond
6. Certification of Non-Forum Shopping
7. Period for Appeal

PPPP. What are the grounds in appealing from the LA to the NLRC?
1. Questions of Law
2. Abuse of Discretion
3. Fraud and Coercion
4. Graft and Corruption
5. Serious Errors in Findings of Fact

QQQQ. Three Commissioners; Three Copies
1. 1 Chairman and 23 Commissioners of the NLRC (Article 220)
2. Tripartite Composition
3. Transfer of Cases to Different Division on Temporary or Emergency Basis (Article 220)
4. Concurrence of Two Commissioners to Promulgate Judgment

RRRR. No Notice of Appeal Required; Direct Appeal

SSSS. Proof of Service to Adverse Party; How Served

TTTT. Verification and Its Purpose

UUUU. Payment of Docket Fees
1. Before the LA
2. Appeal to the NLRC
3. Before the CA or the SC

VVVV. Bond Requirement
1. Cash Bond
2. Surety Bond
3. Property Bond under Sufficient Protection Rule
WWWW. Non-Forum Shopping No Longer Required under Present NLRC Rules
XXXX. Period of Appeal as Mandatory; 10 Day or 5 days?
YYYY. Appeal from the LA through Rule 45
ZZZZ. Appeal from the LA through Rule 43 or 65
AAAAA. Basis of Petition for Annulment of LA Orders or Resolutions
BBBBB. Fraud: Extrinsic or Intrinsic
CCCCC. Graft and Corruption
DDDDD. Serious Errors in Findings of Fact

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