Labor Notes

Labor Notes
January 10, 2019
 Judgment for Reinstatement is immediately executory even pending appeal if there’s a finding of
illegal dismissal by the Labor arbiter.
 If the decision of illegal dismissal by the labor arbiter is reversed by the NLRC, the
payroll/physical reinstatement/ back wages will not be refunded but it will be suspended right
away because there is now no reason for reinstatement because the dismissal is legal.
 Valid issuance of TRO ex parte - if there will irreparable injury or loss.
 If the one who appeals regarding the monetary judgment is the employee, then there’s no need
for the posting of surety bond to perfect the appeal.
 Search for Contract Bar Rule, Deadlock Bar Rule, Certification Year Rule, Negotiation Bar Rule?
- exceptions of Art 238 regarding Prohibition on Certification Election
 Partial legal personality (wala pa kasubmit og requirements para sa independent registration -

authority is limited only to the petition for certification election. It cannot represent the
bargaining unit.
 If naa nay independent registration, so full na iyang legal personality
 Union Security Clause - clause securing the existence of a union; mandatory provision of CBA
Close Shop Agreement - employer binds himself to hire only;
1. member of the union; 2. in good standing; 3. for the duration of the CBA; 4. as a condition for
continued employment
The four requirements above validates the close shop agreement.
The union can recommend for their withdrawal/termination if they did not meet the requirements
and as well as other circumstances.
Union Shop Agreement - 1. no condition that he should be the member of the union during the
election but he should be a member subsequent to his selection; 2. in good standing; 3. for the
duration of the CBA; 4. as a condition for continued employment.
Federal Union - agent
Local Union - principal
Disaffiliation should only take place upon the vote of the majority.
Every bargaining unit is entitled to a bargaining union or representation.

Labor Notes
Agency fee -
Quiz - next meeting
1/17/2019
When can a union sue the employee? - when the employee is a member of the union and he is
adversely affected by the act of the employer
When can the legitimate union act as a representative of the bargaining unit? - when he is chosen as
a representative of a bargaining unit thru election etc
Title V - COVERAGE:
Differentiate:
Managerial Ee, Supervisory Ee, and Rank and File Ee.
Supervisory Ee cannot join the union. Justify.
- if he is performing managerial function because under the law managerial employees are not
allowed to join the union. Affiliation not a determining factor. Look at the actual nature of work.
Confidential Employee Rule - if an employee has an access to information related to labor relations,
he is not eligible to join the union. If the confidential employee does not have access to information
related to labor relations, then he can join the union.
Doctrine of Necessary _______?
Mutual aid and protection - purpose in forming a labor union.

Labor Notes
Art 254:
Who are those public ee not eligible to join the organization? - armed forces, managerial emp, etc
(check the book)
What are the matters in negotiation or bargaining in public organization? - those matters that are
not subject to appropriation can be subject to negotiation.
Can security guards organize or form a union (armed man na sila)?
At 256:
When is the proper time for the employer to question the mixed membership of the union? - during
the Certification Election.
Mixed membership is not a ground for cancellation of the registration of the union.
What are the grounds, then? - misrepresentation, false statement, etc
Art 257: Non Abridgment of right to self organization
What are the grounds for holding a strike? - deadlock and Unfair Labor Practice.
UNFAIR LABOR PRACTICES:
An act of the er may be unfair but it cannot be considered as ULP if it’s not provided by law.
Art 259 - are the ULPs
When can discrimination be ULP?
When can the union bargain with the employer? - if the union have the majority status; proof of
majority status; demand the bargain
If the ff requisites are met, the employer is bound to bargain with the union.
What is meant by duty to bargain collectively? - it depends. with CBA? without CBA?
Labor Notes
Company Union - ULP
Gross, malicious Violation of economic provision of CBA is ULP - Art 259 (1) - economic provision
ONLY!
The enumeration is NOT exclusive!
The ff are also ULP: Union Fasting; Runaway Shop;
Termination is not ULP when: Authorized causes - redundancy, retrenchment, etc
ULP may not be subject to compromise.
Prescriptive period of filing an action re ULP? - 1 year
Illegal dismissal - 4 years
Justify the dismissal of action re ULP - Dismissal for lack of merit
Take note of the Tukloy doctrine?
For CBA to be valid - signed by the majority of the members of bargaining unit; posted in two
conspicous places; registered in DOLE
Who can file petition for cert of election? - legitimate labor union; and employer if it is requested to
bargain collectively and the majority status of the incumbent union is questionable
Midterm beginning to Art 265

Labor Notes

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Labor Notes

January 10, 2019

 Valid issuance of TRO ex parte - if there will irreparable injury or loss.

 Partial legal personality (wala pa kasubmit og requirements para sa independent registration -

 If naa nay independent registration, so full na iyang legal personality

Close Shop Agreement - employer binds himself to hire only;

The four requirements above validates the close shop agreement.

Federal Union - agent

Local Union - principal

Every bargaining unit is entitled to a bargaining union or representation.

Quiz - next meeting

Managerial Ee, Supervisory Ee, and Rank and File Ee.

Supervisory Ee cannot join the union. Justify.

Doctrine of Necessary _______?

Mutual aid and protection - purpose in forming a labor union.

Can security guards organize or form a union (armed man na sila)?

What are the grounds, then? - misrepresentation, false statement, etc

Art 257: Non Abridgment of right to self organization

UNFAIR LABOR PRACTICES:

Art 259 - are the ULPs

When can discrimination be ULP?

Company Union - ULP

The enumeration is NOT exclusive!

The ff are also ULP: Union Fasting; Runaway Shop;

Termination is not ULP when: Authorized causes - redundancy, retrenchment, etc

ULP may not be subject to compromise.

Prescriptive period of filing an action re ULP? - 1 year

Illegal dismissal - 4 years

Justify the dismissal of action re ULP - Dismissal for lack of merit

Take note of the Tukloy doctrine?

Midterm beginning to Art 265

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