30-item quiz in Labor Relations

1. Can there be more than one (1) union in a bargaining unit? Why or why not?

2. Can there be more than one (2) legitimate labor organization in a bargaining unit? Why or why not?

3. Can there be more than one sole and exclusive bargaining agent (SEBA) in a bargaining unit? Why or why not?

4. What is the difference between Book III of the Labor Code and its Book V?

5. Give at least three (3) tests in determining whether a bargaining unit is proper and briefly explain each.

6. The Labor Code requires the registration of a union before it becomes a legitimate labor organization. Does this violate the Constitution’s guarantee of freedom of association? Why or why not?

7. Give at least three (3) groups of people who cannot unionize for purposes of collective bargaining and briefly explain each.

8. What is the 20% requirement in case of independent registration? What is the difference between this requirement and the 25% requirement?

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

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

11. What is the difference between run-off election and re-run election?

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

13. What is the double majority rule? Does it apply to consent elections? Why or why not?

14. What are all cases falling within the jurisdiction of the Labor Arbiter (LA)?

15. What are all cases falling within the appellate jurisdiction of the National Labor Relations Commission (NLRC)?
16. What are all cases falling within the original jurisdiction of the NLRC?

17. What is the lifetime of the collective bargaining agreement (CBA)?

18. What happens when negotiation starts at the end of the third year and no agreement is met even beyond the end of the fifth year of a CBA?

19. What happens to the CBA between the employer and the employees in case the employer sells its business to another?

20. What happens to the CBA if, for any reason, the SEBA is replaced during its lifetime?

21. What is the SEBA’s recourse in case there is violation by the employer of economic provisions in the CBA?

22. What is the SEBA’s recourse in case there is violation by the employer of the political provisions in the CBA?

23. What is the freedom period?

24. What are the eleven (11) ways of dealing with a labor dispute under the Labor Code? Explain each briefly.

25. In case of noncompliance with a compromise agreement in case of a labor dispute, what tribunal has jurisdiction?

26. In the face of uncertainty as to the existence of employer-employee relationship between the parties, can the LA still take cognizance of a case?

27. What is the implication of the no-injunction rule under Book V of the Labor Code?

28. What are the requisites in appealing from the LA to the NLRC?

29. What are the grounds in appealing from the LA to the NLRC?

30. Explain the rule and the exceptions to the bond requirement in case of appeals to the NLRC.