NEON TRUE C.

BELDIA
LABOR RELATIONS FINAL EXAM

I.

1. The grievance machinery has jurisdiction on cases involving the implementation of the
collective bargaining agreement including its interpretation.

2. The voluntary arbitrators also has jurisdiction on the implementation of the collective
bargaining agreement including its interpretation as regards to the incentives, wage issues of
employees and violations under the CBA which are not gross in its character.

3. The Bureau of Labor Relation has jurisdiction on cases involving intra-union and inter union
disputes.

4. The National Conciliation and Mediation Board has jurisdiction to all issues that arose from
labor and employment since the law mandates that it must undergo first to a conciliation-
mediation except when it falls under the jurisdiction of grievance machinery and voluntary
arbitration because in such case the agreement of both parties shall govern.

5. The POEA shall have exclusive jurisdiction in cases which are administrative in character
which involves cases on illegal recruitments including matters involving money claims and
those arising out of employer-employee relations from overseas workers.

II.

1. Unfair labor practice refers to acts which violates the right to employees given under the
Constitution specifically on the right to self-organization.

2. The elements of an unfair labor practice are as follows:

3. An examples of an unfair labor practice that are committed by an employee are as follows:
a. Whenever the employer interferes their employee in exercising their right to self-
organization;
b. Whenever an employee would provide as a condition before employment that the
employee should not join any labor organizations; and
c. Whenever an employer would lower down the salary of its employee or change their
working hours just to discourage them from joining any labor organizations.

III
a. A yellow dog contract is a contract which suggests that before an employee may be
hired it is preconditioned in the contract that he/she should not join any labor
organizations.

b. A union security clause is a stipulation in the collective bargaining agreement that allows
the parties to be a member of the sole and exclusive bargaining agent.

c. Runaway shop referes to a business that transfers its main office in to a new location in
order to put a disadvantage on the employees from the previous office due to their
labor activities.

d. Featherbedding

e. Agency fee is an amount paid by a non-union member which serves as their union dues.

f. Strike is the temporary stoppage of work due to an industrial or labor dispute.

g. Lock out is the temporary refusal of an employee to work due to an industrial or labor
dispute.

h. A surface bargaining is a kind of bargaining which parties act as if they are coming into
terms of negotiating but in reality they do not have any intention to come up into any
agreement.

i. Blue-sky bargaining

j. Bargaining unit are those employees who shared mutual interest within a company
forming a single unit to negotiate and bargain with the employer.

k. Strike Area is the area blocked by the employees during a strike.

l. Strike Breaker

m. A chartered local refers to a labor organization that acquires its legal personality through
the issuance of a charter certificate that has been issued by a duly registered labor
union.

n. An affiliate refers to union that had been independently registered which has an
agreement of affiliation with a national union.

o. It refers to a group of legitimate labor union in a private establishment that are

a.
No. ABC Corporation cannot validly terminate Ms. Jodo.

Jurisprudence provides that an employer is not justified in discharging its employee on the
basis of the refusal on the part of the union to accept membership on such employee. Further, the
law safeguards the right of an employee and prohibits the expulsion of an employee for personal or
impetuous reasons or for causes foreign to the agreement.

In this case, the ground for terminating Ms. Jodo is on account of her failure to maintain her
membership which is not a valid ground under the law to terminate an employee. Hence, ABC
Corporation cannot validly terminate Ms. Jodo.

b. The following are the valid grounds for terminating an employee on the basis of union
security clause:
i. The union security clause is applicable;
ii. That the bargaining union requested for the termination of employment
base on the union security provision
iii. There is sufficient evidence to support the union’s decision to expel the
employee.

V.

No. The action of Ms. Lyn Hug will not prosper.

Under the law, to fall under the unfair labor practice the discrimination must be one falling
under the concept of discrimination such as the benefits or privilege that is given to one employee is
not given to the other under a similar circumstance. The promotion of en employee is one
considered as management prerogative on the part of an employer that would not constitute as
unfair labor practice defined under the law as these are valid differentiations in recognizing any
difference in the jobs that is required in a certain company.

In the case at bar, the promotion of Kiray does not constitute as discrimination for against
any union member that would constitute as unfair labor practice considering that a promotion is a
prerogative and discretionary on the part of the employer.

VI.

a. The grounds for a conduct or strike/lockout are as follows:

i. Existence of an employer-employee relationship;

iii That there is temporary stoppage of work;

iv The stoppage is done through concerted actions; and

v The striker is a legitimate labor organization

b.

i. Filing a notice of strike;

ii. There must be strike vote;

iii There must be a report from the strike vote;

iv There must be a cooling off period; and

v The existence of 7 day waiting period to strike

c.

In a strike it involves the stoppage of work by a concerted action, while, in picketing it involves that
marching of an employee to the employers premise commonly coupled with a placards with them.

In a strike, it focuses mainly on the stoppage of work on the part of the employees, while,
when we say picket it is more of publicizing the dispute in a certain union.

VII.
a.
Yes. The DOLE may assume jurisdiction over the case.

Under the law, the DOLE Secretary may assume jurisdiction in cases involving labor
disputes that would cause or likely to cause a strike or lockout in an industry which is indispensable
to the national interest.

In this case, since the strike would be prejudicial to the national interest at it would
involve the production of coffee which would affect the national economy the DOLE Secretary may
assume jurisdiction in such case.

b. The effect of the assumption of the DOLE secretary is to first settle the dispute between
the parties and if it could not come up in to settling it may rule the illegal dismissal on
the part of the members who conducted the strike illegally.
 c. Since the strike is considered to be illegal, the employer in this case will have the right to
make disciplinary actions against the officers involved in the strike including those who
committed acts which are considered illegal during the strike.
d. No. Since strike is not considered as part of their regular work. Hence, they are also not
entitled to their daily wages.
e. Yes. The DOLE Secretary in assuming jurisdiction in cases of strike may also rule on the
illegal dismissal of the parties involved in such activity.

VIII.

True or false
1. False
2. False
3. True.
4. False
5. True