Dean Salvador A.

Poquiz Notes PJ1

LABOR LAW ESSENTIALS
From Dean Salvador Poquiz lecture (Overview of Labor Law)
With special emphasis on Labor Relations
CONSTITUTIONAL PROVISION
Art. 13 Rights of worker
o Rights to self organization
o Rights to living wage
o Right to collective bargaining or negotiation
o Right to security of tenure
o Right to just and humane condition of work
o Right to engage in peaceful concerted activities
o Right to strike in accordance with law
o Right to participate in formulation of policy and decision making processes with the
management (Principle of co-determination, principle of shared responsibilities)
o Right to profit sharing benefits
Art. 12, Sec.6
o Principle of Distributive Justice defusing, regulate the enjoyment of property
ownership for the common good via the power of eminent domain.
Art. 19, Sec.5 right to self organization of government
o Cannot have CBA but can have CNA
Art. 19, Sec. 2 (1) Scope of Civil Service
o Chartered government corp., governed by CSC
o Subsidiary of chartered government corp. organized under Corporation Code,
LC.(Corporate offspring)
TYPES OF EMPLOYEES
1. Regular employees
Whether continuous of broken, so long as the employment is for more than one year,
regular employment.
Constant Rehiring, renewal of contract plus one year = regular employment
Necessary and desirable to the usual business or trade of the employer
Usual trade and business = main undertaking of the employer
Expiration of the training period
o Training Period

For Apprentice not more than 6 months but not less than 3 months
Combo of Theoretical Instruction plus OJT(Practical application)
The apprenticeship period is considered as the probationary period
Double apprenticeship is not allowed (apprenticeship plus
probationary period). It is against public policies.
Apprentice is entitled to not less than 75% of the minimum wage as
issued by the wage board.
Q: Is the apprentice entitled to full month pay? A: Upon the
expiration of the apprenticeship period or if the training company
availed of the tax deduction scheme for apprenticeship salary, must
pay 100%.
Learnership engaged in non apprenticiable or less skilled work, OJT plus
optional theoretical instruction
Not less than 3 months
No double learnership, period is probationary period
Fixed at 75% of minimum wage as per wage order
Once taken in after learning period, entitled to full compensation
Disabled/Handicapped maybe regular employee if employed in a job
which is usually necessary and desirable to the usual trade of business of the
employer which his performance is not affected by his disability.
Age, Physical, mental and sensory defects
Nature of Training as an apprentice or learner apply the rule
NB: Q: Who has jurisdiction over learnership and apprenticeship disputed? A: Plant
Committee then Department of Labor and Employment. Labor Arbiter has no jurisdiction.
(PAL vs Pano)
2. Probationary Employment
Period can be less than six months, if favorable to the employee as provided for the
employer.
SC: 18 months probationary period can be warranted when the job required extensive
training. The law provides for six months.
During this period, employees are required to comply with the employers standards.
Probation extension: allowed when agreed upon by the parties when necessary to comply
with the probationary standards of the employer. What is prohibited is double probation.
But after the extension, the employee still have not reached the standards, employer can
terminate the employee.

3. Seasonal Employment

Dean Salvador A. Poquiz Notes PJ3

From season to season
Performing the same task

4. Project Employment
Hired for specific undertaking or project
Upon termination of project, automatic cessation of employer and employee relationship
Q: What if there is illegal dismissal during the project? Answer: Reinstatement during the
period of the project and back wages but only during the term of the project.
Q; when can a project employee be a regular employee? A: Employers are required to
submit termination report of the project to the nearest to the DOLE Office, failure to do this
would make project employees as regular employee.

5. Non - project Employees
Hired without reference to a specific project or job.
Hence, they belong to a work pool.
Q: Are they required to go under probationary period? A: Yes.
They will be assigned to various projects or phase of such.

6. Fixed Term Employees
Contractual employees
Upon signing of the contract, employees knew when it will expire
Once rehired, they will morphed into regular employment. EXPTN: Seamen, even if rehired
cannot be regular employees (Millares vs NLRC)

7. Casual Employees
Activity performed is not usually necessary or desirable in the usual business or trade of the
ER (not regular); not project; not seasonal.
He is uniquely regular because his regularness attaches only to the particular activity that
he has been doing while still a casual.

Prescriptive Period:
1. Purely Money Claims 3 years
2. Criminal cases under LC -3 years, as a general rule.
Exemptions are:
a. Simple Illegal Recruitment 5 years

b. Qualified Illegal Recruitment - 20 years
3. ECC Cases -3 years
4. Illegal Dismissal 4 years
5. GSIS Claims 4 years
Exemption: Payment of premium, its 20 years.(SC)
6. SSS Claims for payment of premiums, 10 years
7. Sexual Harassment 3 years but SC, no prescription, even after four years.
Requirements for Appeal
1. Payment of appeal fee
o Jurisdictional requirement no payment, appeal will be dismissed for lack of
jurisdiction
2. Submission of memorandum of appeal to LA a quo who will submit it to the NLRC office
which has appellate jurisdiction over the LA a quo.
o The NLRC Commissioner can notify the parties to have amicable settlement base on
Art. 221 of LC.
o No amicable settlement, proceed with decision.
o When affirmed in toto, reinstated to the payroll.
o Losing party, file Motion for Reconsideration. Only one MR is allowed. This is a
condition sine qua non for filing of certiorari. (St. Martins Funeral Home vs. NLRC)
o When MR denied, file a certiorari under Rule 65 to CA within 60 days.
o When Certiorari was denied or unfavorable, file MR again, then when denied thus
upholding NLRC decision, certiorari to SC.
o SC can only review question of law, but can review question of facts when
1. When decision of LA, NLRC and CA are contrary, in collision or diametrically
opposed to each other.(SC)
o Filing and reckoning period
Reckoning Period: Upon receipt of the counsel of record
Philpost: The date of mailing, date of filing
Private Carrier: The date of receipt of private party, date of filing
3. Pay appeal Bond
o Cash and surety bond only, but
UERM Case: Property bond can be posted provided it is sufficient to cover
the monetary award
Bank certification, irrevocable bank guarantee are not allowed

Dean Salvador A. Poquiz Notes PJ5

Q: Can you file a motion to reduce bond? A; Yes, but it must be coupled with
the payment of the reasonable amount of the bond. Without the payment,
the period will not be tolled.
JURISDICTION OF LABOR ARBITER
Exclusive and Original Jurisdiction
1. Unfair labor practices
2. Termination cases
3. Big Money claims, 5k up
More than 5k, LA has jurisdiction
i. EXPTN: Big Money Claims bore out of the power of
inspection of Secretary of Labor.
ii. Power of inspection by Sec. of Labor via the Regional
Director or his representatives. Can be done moto propio or
by a Labor Standards Complaint of an employee supported
by 20% of all the employees of the employer/plant.
1. Enforcement Order has the force and effect of a writ
of execution.
2. When amount is contested:
If the pieces of evidence are readily available
in the ordinary course of inspection, the
Regional Office retains jurisdiction. If not, it
will be transmitted for compulsory
arbitration to the Regional Arbitration Branch
of the NLRC, thus LA.
4. Small money claims with demand for reinstatement
5k or less, but with claim for reinstatement.
Without demand for reinstatement, Regional Director. Thus his
decision is appealable directly to the NLRC.
5. Other cases involving employer employee relationships
Causal relation between employer employee. Without this, regular
courts will have jurisdiction.
Apply the Four Fold Test to determine employer - employee
i. Selection and engagement of the putative employee
ii. Manner of payment of salary or wages
iii. Presence or absence of the power of dismissal
iv. Presence or absence of the power control
1. Has primacy over all other

2. Q: Are all kinds of control indicative of EE-EM
relationship? A: No. If there is lesser control, no
relationship. More control, there is relationship (Jay
Sonza case)
3. Other test in determining relationship.
Economic relations test Sevilla vs. CA: The
prevailing economic relationship of employer
and employee can be indicative of a
relationship.
Q: Are there instances when there is no
formal contract of employment but the law
mandates the existence of employer
employee relationship? A: Yes. 1. In cases of
labor only contracting. As penalty, actual
employer deemed as employer of the
contractual employee, the contractor will be
deemed as the agent of the former.
Q: Can contractual employees form a
union in the actual employers
premises when there is a labor only
contracting? A.1: Yes, because the law
mandates that the actual employer is
the employee of the contractors
employee.
A.2: In cases of Working Scholars
under the law, the agreement, no
employer employee relationship.
Requirements: There must be a real
opportunity to finish the course.
NB: For purposes of civil damages, the
working scholar will be treated as
employee and the school as an
employer, particularly in quasi-delics.
6. Legality of strike and Lockout
Strike is the most lethal weapon on employees
i. May affect the socio-economic situation of a country that is
why there is a law on strike.
ii. Requirements to stage a lawful strike
1. Based on a valid ground
Two Grounds
CBA Deadlock
ULP

Dean Salvador A. Poquiz Notes PJ7

Union Busting (w/c is also ULP)
o NB: Inter/Intra Union Disputes,
wage distortion issues are not
strikable issues.
2. Approved by the majority of the total membership
of the union through strike voting
3. Filing of a Notice of strike
To be filed with NCMB, which will look into
the factual grounds of the strike. It will either
dismiss it by issuing a preventive mediation
order which will have the effect of making
the strike illegal if it still undertaken and will
convert the issue into a preventive
mediation case.
Must be filed before 30 days in case of CBA
Deadlock and 15 days for ULP. The period is
known as the Cooling Off Period. Here, the
Grievance Machinery in the CBA will be
exhausted.
7 days after failure of the Grievance
Machinery, the issue will be submitted to
Voluntary Arbitration conducted by a 3
rd
non-
partisan person known as the Voluntary
Arbitrator whose decision will be appealable
to the CA under Rule 43.
Principle of Improved Offer through secret
balloting, union members can choice whether
or not to accept the improved offer of the
union.
Principle of Reduced Offer through secret
balloting, the BOD or members of the
governing body of the company can choice
WON to accept the reduced offer of the union.
In both cases, it will have the effect of
retuning to industrial peace=workers
return to work, employer accepts
workers and resumes operation.
Compulsory Arbitration when the
government intervenes.
Q: During the cooling off period, officers of
the union were dismissed that seems to
tantamount to union busting. May the union
immediately strike? A: SC: If there is union
busting and the union has already complied
with the 24 hour prior notice rule, 7 day

strike report and the notice of strike has
already been submitted, then a strike can be
staged.
4. Compliance of the 24 hour prior notice rule of
strike vote
Separate notice to DOLE and employer of the
place, time and date of the strike vote 24
hours before it is staged.
5. Submission of the strike vote report
Must be submitted 7 days before the strike.
Q: What if the strike vote was submitted
during the cooling off period? A.: The strike
vote 7 day period must be reckoned from the
expiration of the cooling off period.
6. Compliance of the doctrine of means and purposes
The purpose of the strike must be legal
and the means to attain the purpose must
be also legal. (e.g. uttering libelous remarks
during the strike. Thus, commission of illegal
acts during a lawful strike, the strike can be
declared illegal.)
7. For Hospitals and Medical Institutions: designation
of an effective skeletal force.
NB: Officers of the union is liable for dismissal
for masterminding the illegal strike. Basis:
Doctrine of Vicarious Liability.
Members of the union who actively
participated in the illegal strike will also be
liable for dismissal.
Q: Are the abovementioned dismissed
employees entitled to back pay? A: As a
general rule, no. Reason: No work, no pay. But
if they are:
Discriminatorily dismissed
Illegally locked out by employer
When the workers unconditionally
offer to return to work but they were
denied to return to work.
they can return to work
Once a strike is declared legal, the workers
cannot be liable for damages that occurred

Dean Salvador A. Poquiz Notes PJ9

during the strike based on the doctrine of
damnum absque injuria.
You must be unionized (legitimate,
registered) before your strike can be declared
legal.
Q: Can a union not registered conduct a
Certification election? A: Yes, in case of a local
chapter issued with a chapter certificate. Here
the charter member was issued a charter for
purposes of certificate election. Other
privileges accorded to a union will be
withheld for the meantime until completion
of the other requirements.
Principle of Comingling the rank and file
union and the supervisory union of the same
company can join the same federation.
Q: Can government employees unionize? A.
Yes. But they dont have the power to
collectively bargain. They can only have the
power to collectively negotiate. They also
cannot strike because according to SC, strike
of government employees is a civil service
offense. They serve the people. If you allow
the government employees to strike, it will
tremendously affect the delivery of public
service. It tantamount ultimately as an assault
to the sovereignty.
GOCC employees without original charters
can unionize and strike. LRTA vs Benus: SC
said LRTA is a GOCC with original charter,
thus its employees cannot strike. However,
employees of its subsidiaries or Corporate
Offspring of GOCC with or without original
charter, can strike.
Managerial, and Confidential employees
cannot join a labor union and strike.
For confidential employee, they must have
access to labor relations matters to be
disqualified for union membership.
Cooperative employees who are also
members thereof cannot unionize.
Religious Objectors can choose not to join a
union. However they can vote in certification
election.


iii. Types of Strikes
1. Authorized strikes
There must be a strike vote.
2. Unauthorized strikes
When the there is no strike vote Wild Cat
strike
3. General Strike
No EE-EM Relationship
Welga ng Bayan SC a form of Sympathetic
Strike
Political in Nature
Industry wide strike e.g. all employees of the
air transportation in the RP
According to SC, these strikes are
unwarranted
4. Lightning Strike
Brief strike that was stage in short duration
5. Slowdown Strike
To reduce company reduction
Types
I. Sit down strikers remain in
the plant but they reduce
company reduction
II. Quickie some may remain in
the plant or some may be
outside the plant
6. Economic Strike
Staged as a result of a collective bargaining
deadlock
7. ULP Strike
Staged in violation of the workers right to
self organization
7. Damages
8. Employees of GOCC without original charter
9. OFW
Based on Section 10 of RA 8042 as amended RA 10022

Dean Salvador A. Poquiz Notes PJ11

10. Over certain churchmen (pastor, ministers)
If its purely religious function, LA has no jurisdiction.
But if not, it has jurisdiction.
11. Collateral Matters
Incidental to the main case
Q: Can a LA award attorneys fees in an illegal dismissal case? A: Yes.
When the LA has jurisdiction over the main issue of the case, it has
jurisdiction over collateral and incidental matters.
12. 3
rd
Party Compliant of a party not connected to a Labor case that has been
affected by its execution.
NB. Except as otherwise provided by this code. These matters are beyond the jurisdiction of
the Labor Arbiter.
1. Inter/Intra Corporate Disputes
2. Training and learnership agreement disputes
3. Labor cases against company under rehabilitation proceedings
4. International bodies and organizations
o This will be violative of the convention on protocol and a violation of its functional
immunity.
o DFA vs CA: ADB is an international organization outside the reach of LA.
5. Art. 263 (g) Assumption power, preemptive power
Provides that the President or Secretary of Labor can assume jurisdiction of
a labor dispute involving industries indispensable to national interest for its
resolution.
The state and government is a passive party.
Q: Can assumption be moto propio? A: Yes.
Q: Can one of the parties to a labor dispute involving a labor dispute in an
industry indispensable to national interest file a motion for assumption? A:
Yes, either by the union or the employer.
Once assumption is made, an assumption order will be issued.
Legal effects of assumption order:
Once issued, it has the effect of a writ of injunction.
A return to work order is deemed written on the assumption order.
The workers must report back to work. Failure to do so would mean
that they are now engaging in a prohibited/illegal activity.

All issues cognizable by the labor arbiter under art. 217 can now be
resolved by the assumption officer, when it is raised under
assumption.
UST Faculty Union vs. UST: Assumption of jurisdiction contemplates
actual reinstatement only. Thus, no choice between payroll or
actual reinstatement unlike in illegal dismissal.
POWERS AND JURISDICTION OF THE NLRC
1. Contempt Power
Two Types
i. Indirect Contempt
1. To be dealt with by the NLRC and its rules.
ii. Direct Contempt
1. By the Rules of Court (R71)
2. Injunctive Power
2. Certification Power
Art. 263 (g) Assumption powers of President and/or Secretary of
Labor.
The President or the Secretary of Labor, upon assumption, can also
certify the labor dispute assumed to compulsory arbitration. Thus, it
is certified to the NLRC which will resolve the dispute.
Q: Can the labor dispute be certified for voluntary arbitration? A:
Yes. If the Secretary of Labor deems it fit for voluntary arbitration.
3. Appellate Power
Decisions of LA under Art. 217
Decisions of LA under Art. 128 (b) in relations to contested cases
Decisions of LA arbiter in wage distortion in non-unionize
companies.
Elements of wage distortion (Pru Bankers Case)
i. Existence hierarchy of positions
ii. There in an increase in the lower pay class with no
corresponding increase higher pay class
iii. Abolition of the two groups or classes
iv. Wage distortion applies only to the same region
NB: Q: Who has jurisdiction over wage distortion problem?
A: For unionize establishment Voluntary
Arbitrator

Dean Salvador A. Poquiz Notes PJ13

For non - unionize establishment Labor
Arbiter.
NB: Although wage distortion problems are
not strikable, but for failure to pay the
increase pursuant to the wage order, the
employer will be liable to pay double the
amount of the increase under the Doctrine of
Double Indemnity.
Decisions of the LA pursuant to Sec. 10 of RA 8042 in cases of OFW.
Decisions of the RD of their adjudicatory functions under Art. 129 of
LA.
o Adjudicatory Function
Indications:
1. Filed by house worker or employee
2. No more employer and employee
3. No more claim for reinstatement
4. Claim is not more than 5k.
4. Injunctive Power
A hearing must be conducted to observe due process.
Q: Is there a provision in the LC that a TRO is issued without
conducting a hearing by the NLRC? A: Yes, a TRO is a mere
interlocutory order. Thus can be issued ex parte. But for injunction,
a hearing is indispensible
ILLEGAL DISMISSAL (Step by step procedure)
File it with the Regional Arbitration Branch of the NLRC which has territorial jurisdiction
over the workplace of the complainant.
Mandatory Preliminary Conference. Resort to amicable settlement as per Art. 221 of the LC.
Second MPC, if first attempt is not successful.
After second MPC, no amicable settlement, LA will mandate parties to submit position
papers.
o SC: Position papers proceedings are not in violation of due process. Through their
papers, they are heard. Plus, technical matters are not binding in labor proceedings
being an administrative proceeding.
o Q: Can one of the parties file a motion to have a trial type proceeding? A: Yes, but
subject to the discretion of the LA.
When final paper has been submitted, LA has 30 days to decide.
Ten calendar days to appeal

No appeal, immediately self-executory as to the reinstatement aspect. No need for writ of
execution.
Virgen Shipping case: As to other matters, a writ of execution is needed. To be filed after
period to appeal expired and no appeal is made.
After the motion for execution, LA will set it for pre-execution conference to abbreviate the
proceedings as to Art. 221 of LC.
If after the pre-execution conference, no settlement, proceed to execution.
Garnishment and levy is allowed when no money to answer for the judgment.
3
rd
party complaint is cognizable by LA for execution.
o Instances when you can lift or quash the writ of execution:
Issued against a non-party
Issued on account of graft and corruption
Issued on account that the awards is incomplete
Irregularly issued
NB: Doctrine of Immutability of Final Judgment: Final judgments are final and cannot be modified.
Grounds for Appeal
o Grave abuse of discretion
o Graft and corruption
o Serious errors in the finding of fact
o Fraud
COLLECTIVE BARGAINING AGREEMENT
Q: What are the modes of determining the representation status?
1. Voluntary Recognition it requires that there is no other union. Only one
union has the support of the majority of the employees. The employer and
employee must inform the Regional Director of the DOLE of the fact of the
voluntary recognition. From date of recognition, the union becomes a
legitimate labor organization.
o Q: Does the one year bar rule also apply to voluntary
recognition? A: Yes, no election can be held, 12 months from
the date of the final voluntary recognition election results.
2. Consent election the election was agreed upon by two or more union.
o Q: Is intervention of DOLE required in consent election? A:
No. Intervention is subject to the discretion of workers.
o One year bar rule also applies.
3. Certification election one which is conducted among three or more union.
This is treated as the sole concern of the employees and the employer is a

Dean Salvador A. Poquiz Notes PJ15

mere by stander and it is the best forum in determining the will of the
employees.
o Sole Concern Rule
o By stander Rule
o Best Forum Rule
Majority must vote 50% plus one
One of the unions or a no union should have garnered the
majority vote. (Second Majority Rule) Provided 50% of the
majority validly cast their votes.
A no union may win in certification election. When a no union
win, the one year bar rule will still applies.
In consent election, 25 % Subscription or Consent Requirement
must be present. If attained, holding of certification election is
mandatory, if not discretionary. SC: Even if 25% not attained,
consent election can still be held because it is the best way to
attain the will of the workers.
Instances when holding of certification election is not allowed:
i. Contract Bar Rule no CE can be conducted during the
lifespan of the CBA except during the 60 day period
(Freedom Period) before the expiration of the 5 year life
span of the CBA
Exemption to the contract bar rule:
a) If the CBA is not registered
o Still valid as to parties but a CE
can now be conducted.
b) If the CBA is incomplete, inadequate or
sub standard. (Sweetheart Contract)
c) If the CBA is hastily entered into or
prematurely extended.
d) In cases of mass disaffiliation in the
bargaining agent.
o Q: Can the remaining officers of
the union still bargain with the
employer? A: Yes. Until and unless
it lost in a certification election, it
is still the bargaining agent.
ii. One Year Bar Rule no CE may be held one year after the
final result of a prior election. This applies to all election.
iii. Deadlock Bar Rule a notice of strike is filed with the
NCMB which has been the subject of conciliation,

mediation, exhaustion of grievance machineries,
improved offer balloting, reduced offer balloting.
iv. Charge of Company Union Rule SC: If there is charged of
company unionism which is an unfair labor practice, it is
a prejudicial question which must be resolved first
before conducting a certification election.
v. Negotiation Bar Rule if there is a collective bargaining
negotiation in the company premises, it will be a bar for
certification election.
vi. Appeal Bar Rule if there is pending appeal over a
decision of the med arbiter elevated to the Secretary of
Labor, pending decision, no certification election can be
held.
4. Run off or second election
o Contested between two unions garnering the highest number
of votes in a prior election
o A no union does not exist in a runoff election
Contents of a CBA
1. Preamble
2. Union prerogatives
3. Management prerogatives
4. Economic clauses
5. Non economic clauses
6. Union Security Clauses
7. Escalator Clause
8. Family planning clauses
9. Union Education Clauses
10. Grievance Machinery Clause
11. Drug Free Provision Clause
12. Separability Clause
13. Effectivity Clause
14. Automatic Renewal Clause
15. No strike, no lock out clauses
1. Q: can the union waive the right to strike? A: Generally, no. EXPT: By
inserting in the CBA a no strike, no lock out clause
Term of CBA

Dean Salvador A. Poquiz Notes PJ17

1. As to representation aspects 5 years
2. As to renegotiation aspects 3 years
Q: Upon expiration of the CBA, and no new CBA has been agreed upon yet, what will govern?
A: Old CBA subsists under the Principle of CBA Continuity.
Q: Can the parties agree to suspend collective bargaining for 10 years? A: Yes, in order to
provide stability and predictability of collective bargaining agreements for the benefit of
both parties.
SC: The Company can sue employees for violation of a CBA provision.
Q: Why do workers unionize? A: 1. In order to have relative equality in the bargaining
process with the employer. 2. Security of tenure. 3. Attain maximum economic benefits in
the collective bargaining agreement.
Q: Can a single employee bargain with management? A: Yes, there is no law prohibiting
individual bargaining.
Q: If an employer is already giving out voluntary benefits, can the employees still demands
for 13
th
Month Pay? A: It depends. If the amount of voluntary benefits given is equal to the
amount of the 13
th
Month Pay, no more. But if its less, they can.
In the event that the CBA is approved, it will govern the company premises or the law of the
plant. Thus, the law of the plant is another name for a CBA.
Whatever benefits that the CBA may bring, non members of the union are also benefitted.
They are not required to pay union dues but they will pay agency fees that will be of the
same amount as that of union dues. Payment of the agency fee is known as the agency
shop, maintenance of the treasury shop, anti-hitchhiker clause, anti-free rider clause.
Q: Is there still a need for the union and the company to agree to impose agency shop? A: No
need. The agency shop agreement is already provided for by law.
Doctrine of Union Monopoly/Exclusive Right Rule the certified union is the only
bargaining agent allowed to bargain with the management to the exclusion of the other
unions in the plant or company premises.

UNFAIR LABOR PRACTICES
An act either by the employer or the union, their agent or representatives which violates the
constitutional right of the workers to self organization.
There must be employer and employer relationship.
Instances when ULP can be committed even if there is no EE-EM relationship:
1. When committed by agents or representative
2. Yellow dog contract an applicant is made to denounce his membership
to a union or promised not to join one as a condition for employment.
Hence, being an applicant, no employer and employee relationship yet.
Two Types of ULP
o By employer

1. Interference, restraint , coercion in the formation of a union
Discourage the formation or continuation of a union
3 ways of commission
i. Economic
ii. Psychological
iii. Physical
2. Yellow dog contract
3. Discrimination
Not per se illegal. Only if its designed, calculated to discriminate
the officers and members of union with regards to benefits due
to all employees.
It maybe management prerogative. But if its a grand design to
undermine the union, then it is ULP
4. Forming or assisting in forming a company dominated union
SC: Passivity of a union is an indication of a company dominated
union.
Organize with help or assistance of management.
Economic, legal support from employer
5. Refusal to bargain collectively
Duty to bargain collectively mutual obligation of the parties to
bargain and negotiate with matters regarding terms of
employment and adjustments of grievance machineries for
redress of grievances promptly, expeditiously and in good faith.
Standards of Collective Bargaining;
i. Mutual either the parties may initiate collective
bargaining.
Union may submit CBA proposal.
Employer, after 10 days, may submit a
counter proposal. Failure to submit a
counter proposal will amount to refusal to
bargain, thus a ULP and the CBA
submitted by the union will be governing
CBA in the plant.
Q: A counter proposal was submitted, the
employer made it hard for employees to
bargain during the negotiations with no
real intention to sign a CBA. Is the
employer guilty of ULP? A: Yes, the
employer is guilty of Surface Bargaining.

Dean Salvador A. Poquiz Notes PJ19

Blue Sky Bargaining - the union
submitted a proposal which contains
economic demands beyond the reach and
capacity of the employers, thus sky high.
Runaway Shop when the employer
remove his plant or office from one place
to another in order to evade unionism or
collective bargaining and relocate it to
another place which is called as runaway
area.
Q: Is it valid to strike in the Runaway
Area? A: Yes. According to the Labor Code,
strike areas also include runaway areas.
ii. Prompt
iii. Good faith
Q: What if employer submit a
counterproposal on a take it or leave it
basis, is the employer liable for refusal to
bargain collectively? A: Yes. The employer
is guilty of Boulwarism. This is
considered a malpractice which is a
violation of good faith bargaining.
6. Contracting out of services
SC: Mere contracting out within the period of six months is valid.
But if it goes beyond six months, it is ULP. Because employer
deny the strikers the opportunity to pursue their work.
7. Gross and flagrant violations of the CBA
Refers to economic provisions


o By Union
1. Interference, restraint , coercion in the formation of a union
2. Discrimination
3. Payment of Negotiation Fees
It is when in order to settle economic provisions in CBA, union
demands from employer negotiation fees.
Sweetheart Contract when the CBA was not able to get full
economic benefits for employees, or its an incomplete CBA.
Example: when CBA does not have an arbitration clause.

o NB: An incomplete CBA does not bar a certification
election. Thus not bar on holding another certification
election during the 12 month ban.
4. Gross and flagrant violations of CBA
5. Refusal to bargain collectively
6. Featherbedding Activities
Union demanding from employers for fees on services rendered or
not rendered, performed or not performed.
Prolonging the work
In short, the union is engaged in extortion