LABOR RELATIONS FINALS REVIEWER

Memory Aid

A. ART. XIII, Sec. 3, CONSTITUTION

“The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all.

It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a
living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law.

The State shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace.

The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns to investments, and to expansion and growth.”

B. UNION REGISTRATION: REQUIREMENTS; AFFILIATION

Worker’s Association operating in

Independent Union NU/Federation Trade Union Center Worker’s Association Chartering Affiliation
more than one Region
(1) P50 registration fee (1) P50 registration fee (1) P50 registration fee (1) Name of applicant, (1) Name of applicant, principal A duly registered NU/Fed may (1) Resolution of LU’s BOD approving
(2) Name of applicant LU, principal (2) Name of applicant LU, (2) Name of applicant LU, principal address address directly create a local/chapter affiliation
address principal address principal address (2) Name of officers and (2) Name of officers and their by issuing a charter certificate. (2) Minutes of general membership
(3) Names of officers, their (3) Names of officers, their (3) Names of officers, their their addresses addresses Local/chapter acquires legal meeting approving affiliation
addresses addresses addresses (3) Minutes of (3) Minutes of organizational personality for purposes of filing (3) Total number of members comprising
(4) Approximate number of EEs in (4) Minutes of organizational (4) Minutes of organizational organizational meetings and list of workers PCE upon issuance. It shall be the LU and names of those who
BU, with a statement that it is meetings and list of meetings and list of workers meetings and list of who participated issued a Certificate of Creation approved affiliation
not reported as a chartered workers who participated who participated workers who (4) CBL, minutes of ratification, of Local/Chapter and shall be (4) Certificate of affiliation issued by the
local (5) Annual financial report, if in (5) Annual financial report, if in participated date when ratification was entitled to all other rights and federation
(5) Minutes of organizational existence for 1 or more existence for 1 or more years (4) CBL, minutes of made and names of ratifying privileges of LLO’s upon (5) Written notice to ER concerned if the
meetings and list of workers years unless it has not unless it has not collected ratification, date when members submission of the ff: affiliating union is incumbent
who participated collected any amount any amount ratification was made (5) Resolution of membership of (1) Charter Certificate bargaining agent
(6) Names of all members (6) CBL, minutes of ratification (6) CBL, minutes of ratification and names of ratifying each member association, (2) Names of officers, their
comprising at least 20% of all and list of members who and list of members who members duly approved by its BOD addresses, and principal
EEs in BU participated participated office of local/chapter
(7) Annual financial report, if in (7) Resolution of Affiliation of (3) CBL
existence for 1 or more years at least 10 LLO’s which *Certified under oath by
unless it has not collected any must be SEBAs secretary/treasurer of
amount (8) Name and addresses of local/chapter and attested to by
(8) CBL, minutes of ratification and companies where affiliates president
list of members who operate
participated (9) List of all members in each
company

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C. RIGHTS OF LLO’S E. RIGHTS AND CONDITIONS OF MEMBERSHIP IN A LABOR ORGANIZATION
(1) To act as the representative for CB
(2) To be certified as SEBA Violations shall be a ground for cancellation of union registration or expulsion of an officer from office. At least 30% of all
(3) To be furnished by ER, upon written request, with its annual audited financial statements members or any member specially concerned may report such violation with BLR
(a) Within 30 days from receipt of request, after union has been duly recognized/certified; or
(b) Within 60-day freedom period; or (5) Deliberative and Decision-Making Right – right to participate in deliberations on major policy questions and decide
(c) During collective bargaining negotiation by secret ballot
(4) To own property (6) Right to Information – the right to be informed about:
(5) To sue and be sued in its registered name (d) Organization’s CBL
(6) To undertake all other activities designed to benefit the organization (e) CBA
(f) Labor Laws
D. RIGHTS AND CONDITIONS OF MEMBERSHIP IN A LABOR ORGANIZATION (7) Right Over Money Matters
(g) Against imposition of excessive fees
Violations shall be a ground for cancellation of union registration or expulsion of an officer from office. At least 30% of all (h) Against unauthorized collection of contributions or unauthorized disbursements
members or any member specially concerned may report such violation with BLR (i) To require adequate records of income and expenses
(j) To vote on officers’ compensation
(1) Deliberative and Decision-Making Right – right to participate in deliberations on major policy questions and decide (k) To vote on special assessment
by secret ballot (l) To be deducted a special assessment only with the member’s written authorization
(2) Right to Information – the right to be informed about: (8) Political Right – the right to vote and be voted for, subject to lawful provisions on qualifications and disqualifications,
(a) Organization’s CBL and provided that the following qualifications are met:
(b) CBA (d) Membership in good standing
(c) Labor Laws (e) Has not been convicted of a crime involving moral turpitude
(3) Right Over Money Matters (f) Is not a member of any subversive organization or does not participate in subversive activities
(a) Against imposition of excessive fees
(b) Against unauthorized collection of contributions or unauthorized disbursements
(c) To require adequate records of income and expenses
(d) To vote on officers’ compensation
(e) To vote on special assessment
(f) To be deducted a special assessment only with the member’s written authorization
(4) Political Right – the right to vote and be voted for, subject to lawful provisions on qualifications and disqualifications,
and provided that the following qualifications are met:
(a) Membership in good standing
(b) Has not been convicted of a crime involving moral turpitude
(c) Is not a member of any subversive organization or does not participate in subversive activities

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F. LEVY OF SPECIAL ASSESSMENTS OR EXTRAORDINARY FEES H. CANCELLATION OF UNION CERTIFICATE OF REGISTRATION

Requirements: (a) Misrepresentation, false statement or fraud, in connection with:

(1) Written Resolution (1) Ratification of the CBL, or amendments thereto, minutes of ratification, and list of ratifying members
(2) Resolution must have been approved by a majority of all members (2) Election of officers and list of voters
(3) The approval must be at a general membership meeting duly called for that purpose (b) Voluntary dissolution
(4) Secretary of the organization shall record the minutes of the meeting, which shall be attested to by the President. (1) At least 2/3 of general membership votes for dissolution, in a meeting duly called for that purpose
The minutes include: (2) Application to Cancel Registration attested to by president
(a) List of all members present
(b) Votes cast I. REPORTORIAL REQUIREMENTS
(c) Purpose of the assessment or fees
(1) CBL, or amendments thereto, minutes of ratification, list of ratifying members – submit within 30 days from
G. CHECK-OFF ratification
(2) List of elected or appointed officers and agents entrusted with handling of union funds minutes of election, list of
GR: In addition to the requirements for levy, no special assessment, attorney’s fees, registration fees or any other voters – submit within 30 days from election or appointment
extraordinary fees may be checked off from any amount due an EE without an individual written authorization duly signed (3) Annual financial report – submit within 30 days after close of every fiscal year
by the EE (4) List of members – submit at least once a year or whenever required by BLR

The authorization should specifically state: J. FACTORS IN DETERMINATION OF APPROPRIATE BU

(1) Amount
(2) Purpose and beneficiary of deduction Basic test: WON it is fundamentally the combination which will best assure to all EEs the exercise of their collective bargaining
rights
EX: (When written authorization is not required)
(1) For mandatory activities (1) Will of EEs (Globe doctrine)
(2) When non-members of the union avail of the benefits of the CBA (2) Mutuality of interests
(a) Said non-members may be assessed union dues equivalent to that paid by members (3) Prior collective bargaining history
(b) Only by a board resolution approved by majority of the members in a general meeting called for the purpose (4) Employment status

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 K. UNION SECURITY

Kinds Definition Who Are Required To Join Who Are Exempted From Joining

ER undertakes not to employ any individual who is not a member of the union and said
Closed-Shop individual, once employed, for the duration of the agreement, must remain a member in New hires and existing EEs
good standing as a condition for continued employment.
Prospective EE must be a member of the union as a condition of employment and has no
Semi-Closed Shop requirement to remain as member in good standing as a condition for continued New hires
employment. (1) Religious objectors
Any person can be employed by the ER but once employed, such EE must, within a specific New hires and existing EEs (2) Members of minority union
Union Shop period, become a member of the union and remain as such in good standing for continued (3) Managerial and confidential EEs
employment for the duration of the CBA. (4) EEs expressly excluded from BU
EEs who are not union members at the time of signing of the CBA need not join, but all
Modified Union Shop New hires
workers hired thereafter must join.
Does not require non-members to join but provides that those who are members thereof at
Maintenance of Membership Shop the time of the execution of CBA and those who become members on their own volition must No one
maintain membership in good standing for continued employment.
ER agrees to give preference to members of the union in hiring, promotion or filling
Preferential Shop
vacancies and retention in case of lay-off.
EEs must either join a union or pay the union as SEBA a sum equal to that paid by members.
Agency Shop or Maintenance of
Non-members must be enjoying the benefits of CBA. Resolution of majority and individual
Treasury Shop
authorization not needed for valid check-off. N/A N/A

Union is recognized as the exclusive bargaining agent of all EEs in the BU whether union
Exclusive Bargaining Shop
members or not
Bargaining for Members Only Union is recognized as the bargaining agent only for its own members.

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 L. UNION REPRESENTATION: METHODS OF ESTABLISHING MAJORITY STATUS

Voluntary Recognition Certification Election Consent Election Run-off Election

(1) Any LLO, NU/Fed May be held with or without intervention of MA.
Who May File ER and Union (2) ER, when requested to bargain collectively in a BU where May be agreed upon in preliminary conference Election officer, motu proprio
no registered CBA exists after filing of PCE.
RO which issued the recognized LO’s certificate of RO that issues the union’s certificate of registration/creation.
Where to file
registration/creation Petition shall be heard and resolved by MA.
(1) 3 or more contending unions
(2) At least 50% of eligible voters cast their
votes (include spoiled and challenged votes
Double majority rule: in count)
When to File/Conditions 30 days from such recognition, ER and union shall
(1) Majority of eligible voters must have cast their votes (3) Not one of the contending unions obtained
for Validity submit notice of voluntary recognition
(2) A choice garnered majority of valid votes cast majority of valid votes cast (exclude spoiled
ballots but include challenged votes)
(4) If no union wins, parties may file Motion for
holding of election within 6 months
(1)
PCE shall be in writing, verified under oath by:
(1) Unorganized establishment
(a) President of Union; or
(2) With only 1 LLO
(b) President of NU/Fed; or
(3) Majority of EEs in BU supports VR
(c) Owner, president or any corporate officer who
(4) Documentary requirements submitted by ER and
is authorized by BOD of ER
Union:
(2) Shall contain the ff.:
(i) Name, address, and affiliation of petitioner
ER and union shall submit a Notice of Voluntary
(ii) Name, address, and nature of ER’s business
Recognition which shall be accompanied by original and
(iii) Description of BU
2 duplicates of the ff. documents:
(iv) Approximate number of EEs in BU
(a) Joint Statement under oath of voluntary
(v) Names and addresses of other LLU’s in BU
recognition attesting to the fact of voluntary
(vi) A statement indicating any of the ff. circumstances:
Requirements recognition
(i) That the BU is unorganized or that there is no
(b) Certificate of Posting of the joint statement of
registered CBA
VR for 15 consecutive days in at least 2
(ii) If there exists a CBA, that the PCE is filed within
conspicuous places
freedom period
(c) Approximate number of EEs in BU and names
(iii) If another union had been previously recognized
of those who supported VR comprising at least
or certified, that the PCE is filed outside the 1-
a majority of members of BU
year period from conduct of recognition or
(d) Statement that LU is the only LLO operating
certification and no appeal is pending thereon
within the BU
(vii) In an organized establishment, the signature of at
least 25% of EEs in BU
*All documents must be certified under oath by ER
(viii) Date and number of certificate of registration
representative and president of union
(ix) Charter certificate
(1) Petitioner not listed in department’s registry of LLU’s OR
that its legal personality has been revoked or cancelled
with finality
(2) Petition was filed BEFORE or AFTER freedom period;
Grounds for Dismissal provided hat the 60-day period based on original CBA
shall not be affected by any amendment, extension, or
renewal of CBA.
(3) Petition was filed within 1 year from entry of VR, or a valid
CE, Consent Election, or Run-off Election AND no appeal

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 is pending
(4) A SEBA has commenced and sustained negotiations with
ER OR there exists a bargaining deadlock which had
been submitted to conciliation or arbitration OR had
become the subject of a valid notice of strike or lockout to
which the SEBA is a party
(5) In an organized establishment, failure to submit the 25%
support requirement
(6) Failure to submit charter certificate
(7) Non-appearance of petitioner for 2 consecutive hearings
(8) Absence of ER-EE relationship
FILING OF PCE
(1) Filing of PCE
(2) Raffle of petition except when there is only one MA
(3) Preliminary conference to be held within 10 days from
receipt of PCE. MA shall cause the service of notice within
3 days from receipt of PCE.
(4) If parties agree to conduct election  CONSENT
ELECTION. If not, further hearings will be conducted but
shall not exceed 15 days.
(5) Within 10 days from last hearing, ORDER granting or
denying petition shall be issued. In an organized
establishment, no order shall be issued until the lapse of
FP

(1) Voluntary recognition
(2) Within 30 days, submission of notice of VR
accompanied by other required documents
(3) Within 10 days from receipt of notice, RO records VR (3) Pre-election conference scheduled within 10 days from
Procedure
if it is sufficient in form. If not, requirements must be
completed within 10 days from notice, otherwise, it
shall be dismissed without prejudice to re- (4) EO post notice of election at least 10 days before
submission.
CONDUCT OF CE
(1) Raffle of the case within 24 hrs. from receipt of entry of
final judgment granting PCE
(2) Within 24 hrs. from receipt of assignment for conduct of
CE, the EO shall cause the issuance of a notice of pre-
election conference
assignment. Any issues as to the eligibility of voters must
be raised at this time.
elections in 2 most conspicuous places in the company.
Must include:
(a) Date and time
(b) Contending unions
(c) Description of BU
(d) List of eligible and challenged voters
(5) Pre-election conference completed within 30 days
from date of first hearing
(6) Preparation of ballot
(7) Election
(8) Protest must be formalized with MA within 5 days after
close of elections (should be raised during election and
recorded in the minutes, otherwise, dropped)
(9) Within 24 hrs. from valid CE, EO transmit records to MA
within same period, proclaim winner, provided that no
protest was perfected or even if one is perfected, that no
challenge which would materially alter results was raised
(a) Within 10 days from date of last hearing, MA shall
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 issue a formal order granting the petition or decision
denying the same.
(b) In organized establishments, no order or decision
shall be issued by the MA during the freedom period
Where number of votes cast is less than the majority of the number of eligible voters and there are no material
challenged votes.
Failure of Election
It shall not bar the filing of a motion for the immediate holding of another CE or Consent Election within 6 months
from date of declaration of failure of election.

M. BARS TO CERTIFICATION ELECTION

No PCE may be filed within 1 year from date of a valid certification, consent, or run-off election or from the entry of voluntary recognition and no appeal from the results is pending
One-Year Bar Rule
Note: Where an appeal has been filed from the order of the MA certifying the results of the election, the running of the one year period shall be suspended until the decision becomes final and executory
Negotiation Bar Rule A PCE cannot be entertained if, before the filing of the PCE, the duly recognized or certified union has commenced negotiations with the ER in GF within the 1 year immediately preceding the last election
A PCE cannot be entertained if, before the filing of the PCE, a bargaining deadlock to which an incumbent or certified bargaining agent is a party, had been submitted to conciliation or arbitration or had
Deadlock Bar Rule
become the subject of a valid notice of strike or lockout
While a valid and registered CBA is subsisting, no PCEs can be filed except during the 60-day period immediately preceding the expiration of the 5-year term of the CBA

Note: Registration of CBA only puts in effect the Contract Bar Rule but the CBA itself is valid and binding even if unregistered

When Contract Bar Rule will not apply:

(1) Unregistered CBA
Contract Bar Rule (2) Sweetheart contract
(3) Doctrine of premature extension: CBA hastily entered into with a goal to frustrate the right of EEs to file PCEs
(4) Mass disaffiliation
(5) Contract where identity of representative is in doubt
(6) CBA entered into between the ER and union
(7) CBA entered into during pendency of PCE
(8) CBA registered with falsified supporting documents

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N. COLLECTIVE BARGAINING

Concept Definition
Performance of a mutual obligation to meet and convene promptly and expeditiously in good faith for the purpose of negotiating an agreement with respect to wages, hours of work and all other terms and
conditions of employment including proposals for adjusting any grievance or question under such agreement and executing a contract incorporating such agreements.

When there is a CBA, duty to bargain collectively shall also mean that neither party shall terminate nor modify such agreement during its lifetime, but either party can serve a notice to terminate or modify the
CBA 60 days prior to expiration. During said period and/or until a new agreement is reached, CBA remains in full force and effect
Duty to Bargain Collectively
Such duty does not compel either party to agree to a proposal or to make any concession.

Collective bargaining does not end with the execution of the agreement. It is a continuous process.

(1) ER-EE relationship

(2) Possession of the status of majority representation by the EEs’ representative in accordance with any of the means of selection
Requisites
(3) Proof of majority representation (Certification of BLR)
(4) Demand to bargain
(1) When party desires to negotiate an agreement it shall serve a written notice upon the other party with a statement of proposals
(2) Reply by the other party within 10 days with counter-proposals
(3) In case of differences, either party may request for a conference which must be held within 10 calendar days from receipt of request
Procedure
(4) If not settled, NCMB may intervene and facilitate conciliation meetings
(a) During conciliation proceedings, parties are prohibited from doing any act which may disrupt or impede the early settlement of the disputes
(b) NCM shall exert all efforts to settle disputes amicably and encourage the parties to submit their case to a VA
(1) Wages, hours of work and all other terms and conditions of employment
Bargainable Issues (2) Grievance machinery
(3) Christmas bonus, retirement plan and other non-mandated benefits if they have been integrated in previous CBAs and have already ripen into a company policy
(1) Single-Enterprise Bargaining – involves negotiation between 1 certified LU and 1 ER
(a) Any SEBA may demand negotiations
(b) SEBA shall submit intentions in writing to the ER, together with its proposals for collective bargaining
(2) Multi-ER Bargaining – involves negotiation between and among several LUs and ERs
(a) Only SEBAs may participate
(b) Only ERs with counterpart SEBAs may participate
(c) Only LLUs who pertain to ER units who consent to multi-employer bargaining may participate
(d) LLUs who desire to participate shall execute a written agreement among themselves, which shall contain the ff:
(i) Names of LUs
(ii) Each labor union in the ER unit
(iii) The fact that each LU is a SEBA
(iv) Duration of CBAs, if any, entered into by each LU with their respective ERs
(v) LLUs who are members of the same Fed/NU are exempt from execution of written agreement
Kinds of Bargaining
(vi) LLUs shall send a written notice of intention to ER together with the written agreement or certificates of registration of the Fed/NU
(e) ERs who agree to group themselves to engage in multi-employer bargaining shall send a written notice to each counterpart LLU indicating desire to engage in multi-employer bargaining.
Notice shall indicate the ff:
(i) Names of ERs
(ii) Corresponding LLUs
(iii) The fact that LLUs are SEBAs
(iv) Duration of CBA if any
(f) Each ER or LLU shall express willingness or refusal to participate in writing. Negotiations may commence only with regard to consenting ERs and LLUs
(g) Posting and Registration
(i) 2 signed copies of CBA shall be posted for at least 5 days in two conspicuous areas in the workplace of the ER units
(ii) CBA shall only affect those EEs in the BU who ratified it
(iii) CBA shall then be registered with DOLE

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 The NCMB, upon request of either or both parties, or upon its own initiative, provide conciliation-mediation services to labor disputes other than notices of strikes or lockouts.

Conciliation/Preventive Mediation Conciliation cases which are not subject of notices of strike or lockout shall be docketed as preventive mediation cases. The NCM shall also encourage parties to submit the dispute to VA

Notices of strike or lockout, upon agreement of the parties, may be treated as a preventive mediation cases. The notice shall then be considered as never been filed.
(1) Failure or refusal to meet and convene
Violations of Duty to Bargain (2) Evasion of mandatory subjects for bargaining
(3) BF bargaining
Contract between a LLU and the ER concerning wages, hours of work, and all other terms and conditions of employment in a bargaining unit

It may include any stipulation provided that it is not contrary to law. Waiver of law-mandated wage increase is void.

Registration of CBA:
(1) Within 30 days from execution of CBA, parties shall submit to the BLR or RO 2 copies of the ff. documents which must b certified under oath by representatives of ER and LU:
(a) CBA
(b) Statement that the CBA was posted in a at least 2 conspicuous places of the company for at least 5 days before ratification
(c) Statement that the CBA was ratified by the majority of the EEs in the BU
(2) BLR or RO shall act upon the application for registration within 5 calendar days from receipt
CBA
(3) ER shall be assed P1,000 registration fee

Effectivity
(1) 5 years
(2) Economic provisions shall be renegotiated not later than 3 years
(a) If entered into within 6 months from expiration of economic provisions, terms of new CBA will retroact to the day after expiration
(b) If entered into beyond the 6 months, retroactivity will depend on the agreement between parties
(c) For arbitral awards:
(i) Meralco v. Quisumbing – retroact to the day after expiration of 6 months after expiration
(ii) LMG Chemicals Corp. v. SOLE – SOLE’s authority is plenary and he/she may fix date of retroactivity
CBA shall remain effective and enforceable even after the expiration of the period fixed by the parties as long as no new agreement is reached by them.
Automatic Renewal Clause/
Principle of Hold Over
Pertains only to the economic provisions of the CBA and not to the representational aspect
Where there occurs a shift in the EEs’ union allegiance after the execution of the CBA with the ER, the EEs can change their agent but the CBA which is still subsisting continues to bind the EEs up to its
Substitutionary Doctrine
expiration date. They may, however, bargain for the shortening of said expiration date.
Definition:
- It is when there is a complete blocking or stoppage resulting from the action of equal and opposed forces
- There is a failure in the collective bargaining negotiations resulting in a stalemate
- Presupposes a deadlock occurring in the midst of reasonable effort at GF bargaining
- Grievance machinery must first be exhausted before there can be a deadlock [SMC v. NLRC]
Deadlock
When there is a Deadlock, parties may exercise the following:
(1) Call upon the NCMB to intervene for the purpose of conducting conciliation and preventive mediation
(2) Refer the matter for voluntary arbitration or compulsory arbitration
Declare a strike or a lockout upon compliance with the legal requirements
(1) Over a mandatory subject – party may insist on bargaining and will not be construed as bargaining in BF
Bargaining to the Point of Deadlock (2) Over a non-mandatory subject – party may not insist on bargaining to the point of impasse, otherwise, he will be construed as bargaining in BF; it is ULP for making the settlement of a non-
mandatory subject a pre-condition to the discussion or settlement of a mandatory subject

Suspension of Bargaining For an ER to validly suspend negotiations, there must be a valid PCE raising a legitimate representation issue

Economic Exigencies Financial hardship constitutes no excuse for refusing to bargain collectively. ER must continue to negotiate.

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CBA and Third Party Applicability
Kiok Loy v. NLRC
Some Terms
O. GRIEVANCE MACHINERY AND VOLUNTARY ARBITRATION
Grievance
Grievance Machinery
Grievance Procedure
Voluntary Arbitration
VA distinguished from Compulsory Arbitration
Duty of LA, RDs of DOLE
Arbitrable Issues
Procedure
Interpretation of Agreement
GR: Where there is a bona fide sale, wherein there is material and substantial alteration in the employing enterprise, and that the new ER is a buyer in GF, the latter has not duty to bargain
EX:
(1) Where there is express or implied agreement
(2) Where purchaser merely continues the business
(3) Transfer of assets and EEs leaves intact the identity of the employing business
(4) BF: Where purchaser acted in collusion with the transferring corporation to evade responsibility to bargain
(5) Where transaction amounts to merger or consolidation
When the ER violates duty to bargain, it loses its statutory right to negotiate or renegotiate. Proposals of the union may be adopted as the CBA
(1) Surface Bargaining – Going through the motions of negotiating without any legal intent to reach an agreement. It involves the question of whether or not the ER’s conduct demonstrates an
unwillingness to bargain in GF or is merely hard bargaining. A question of intent and can only be inferred from the totality of the challenged party’s conduct both at and away from the bargaining
table
(2) Boulwarism
(a) ER directly bargains with the EE disregarding the Union
(b) ER submits proposals and adopts a “take it or leave it” stand
(3) Blue-Sky Bargaining – Making unreasonable demands
(4) Zipper Clause – A stipulation in a CBA indicating that issues that could have been negotiated upon but not contained in the CBA cannot be raised for negotiation when the CBA is already in effect
When a dispute or controversy arises over the implementation or interpretation of a CBA or from the implementation or enforcement of company personnel policies
A mechanism for the adjustment of controversies or disputes arising from the interpretation or implementation of the CBA and the interpretation or enforcement of company personnel policies
By-passing the Grievance Machinery is ULP  Violation of duty to bargain
Series of formal steps including voluntary arbitration as the terminal step
Mandatory provision. No CBA can be registered in the absence of such procedure
All grievances not settled within 7 days from date of its submission to the grievance machinery shall automatically be referred to VA, unless otherwise provided in the CBA
Contractual proceedings where parties to a dispute select a judge of their own choice and by consent submit their controversy to him for determination
A process of settling labor disputes by a Government Agency (NLRC) which has the power to investigate and make an award binding upon the parties
Shall not entertain disputes, grievances or matters under the exclusive and original jurisdiction of the VA and shall immediately dispose and refer the same to the Grievance Machinery or VA provided in the
CBA
(1) Interpretation or implementation of CBA
(2) Interpretation or enforcement of company personnel policies
(3) Violations of CBA not gross in character
(4) Wage distortion issues
(5) Any other labor dispute, upon agreement of parties
(1) Either party may serve a notice upon the other of its decision to submit issue to VA
(2) Contents of notice: Issues to be arbitrated
(3) Effect of refusal or failure of party to whom notice is served to respond within 7 days from receipt – VA shall commence voluntary arbitration proceedings
(4) All parties to the dispute shall be entitled to attend
(5) Within 20 calendar days from date of submission of dispute, VA shall render an award or decision (unless parties agree otherwise)
(a) The award or decision shall contain facts and law on which it is based
(b) Final and executory after 10 calendar days from receipt of copy of award or decision
(6) The NLRC or any court shall not assume jurisdiction over issues involved therein except in case of non-compliance there of or ig ther eis prima facie evidence that the settlement was obtained
through fraud, misrepresentation, or coercion
(7) Upon motion of any party, VA may issue a writ of execution requiring the sheriff of NLRC or regular courts or any public official to execute the final decision, order or award
To ascertain intention of contracting parties, VA shall consider:
(1) If terms are clear, literal meaning shall prevail
(2) Contemporaneous and subsequent acts
(3) Negotiating and contractual history
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 P. UNFAIR LABOR PRACTICES

(1) ER-EE Relationship

- Who are considered EEs:
(a) Any person in the employ of an ER
Elements (b) One whose work has ceased as a result of or in connection with any current labor dispute or because of ULP if he has not obtained any other substantially equivalent and regular employment
(c) One who has been dismissed from work but the legality of the dismissal is being contested
(2) Act done is expressly defined in the LC as ULP
(3) Prohibited act must be related to worker’s right to self-organization and to the observance of the CBA. Absent this, the acts, even if unfair, are not ULP [General Santos v. Coca Cola Bottlers]
Civil Criminal
Who are liable Prescription Who are liable Prescription Conditions
(1) Agents and officers who
participated, authorized or
ratified the acts
(2) Agents, representatives,
members of the government
board including ordinary (1) Final judgment in the
(1) ER and its officers and agents
members who participated, administrative proceeding
(2) LO’s and its officers and agents 1 year from accrual of ULP act
authorized, or ratified the finding that ULP has been
Liability acts committed is a prerequisite
Civil Liability: During the pendency of the
in filing a criminal case for
(1) Damages 1 year from accrual of ULP act administrative proceeding, the
Penalty: ULP
(2) Attorney’s fees running of the period of
(1) Fine of not less than P1,000 (2) But the same shall not be
prescription shall be considered
nor more than P10,000; or binding in the criminal case
Note: Recovery in the administrative proceedings shall interrupted
(2) Imprisonment of not less nor considered as an
bar recovery under the Civil Code
than 3 months nor more than evidence of guilt
3 years; or
(3) Both
(4) Aliens – summarily deported
upon completion of service of
sentence

ULP cases are not subject to compromise. The relation between capital and labor are not merely contractual but are impressed with public interest that labor contracts must yield to the common good
Compromise
[CLLC EG Gochangco v. NLRC]

Dismissal need not be entirely motivated by union activities. If the basic inspiration is derived from the activities of the union, ER’s assignment of another reason is unavailing

Motive, Conduct and Proof; If the attendant circumstances and the ER’s past conduct, coupled with an intimate connection with ER’s action and the union activities of the EE, taken as a whole, raise suspicion as to the reason for the ER’s action, the failure
Totality of Evidence of the ER to provide basis for said action may justify an interference that his unexplained conduct against a particular EE was inspired by the latter’s union activities

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 ULP BY THE EMPLOYER ULP BY THE LABOR ORGANIZATION
“To interfere with, restrain or coerce EEs in the exercise of their right to self-organization”
(1) Test for interference:
(a) Whether ER is engaged in conduct which tends to interfere with the free exercise of EEs right to self-
organization
(b) It is not necessary that there be direct evidence that any EE was in fact intimidated or coerced by the
statements of threats or threats of the ER if there is a reasonable inference that the anti-union
conduct of the ER does have an adverse effect to self-organization and collective bargaining
(2) Totality of Conduct Doctrine – culpability of ER’s remarks is to be evaluated not only on the basis of their
implications but against the background of and in conjunction with collateral circumstances
(3) Examples:
(a) Interrogation – Questioning of EEs concerning union membership and activities made in such a way
as to hamper the exercise of free choice on the part of the EEs constitutes ULP. In order that
interrogation would not be deemed ULP: “To restrain or coerce EEs in the exercise of their right to self-
Interference, Restraint and (i) The ER must communicate to the EE the purpose of the questioning which must be legitimate Restraint and Coercion
organization. However, LO’s shall have the right to prescribe its
Coercion (ii) Assure him that no reprisal would take place own rules with respect to acquisition and retention of
(iii) Obtain EE participation voluntarily membership”
(iv) Questioning must occur in a context free from ER hostility to union organization and must not
be coercive in nature
(b) Speech – Statements which contain promises of benefits, threats or reprisals are not protected
speech. .Coercive statements by ER that union representation would result in lay-offs, wage
reductions, loss of other benefits with a claim that the union will not be recognized. Threats of a run-
away shop with loss of employment is likewise an abuse of the right to free speech.
(c) Espionage – Whether or not fruits of espionage was used is irrelevant in determining guilt for ULP
(d) Economic Coercion – ULP is committed when the ER announces benefits prior to a representation
election where it is intended to induce the EEs to vote against the union
(e) Disallowing EEs from participating in lawful concerted activities – A demonstration for the mutual aid
and protection is a valid concerted activity which the ER cannot restrain. It is not necessary that
union activity be involved or that collective bargaining be contemplated, as long as the concerted
activity is for the furtherance of their interest [Phil. Blooming Mills EEs Org. v. Phil. Blooming Mills]
“To require as a condition of employment that a person or an EE shall not join a labor org or
Yellow Dog Contract shall withdraw from one to which he belongs”

“To contract out services or functions being performed by union members when such will
interfere with, restrain or coerce EEs in their exercise of their right to self-organization”
“To cause or attempt to cause an ER to discriminate against an
Honest closure of the business/department and then subsequently contracting out work is not ULP per se;
Contracting Out to closure or contracting out is only ULP if directly or indirectly, expressly or impliedly, calculated or employed to
EE, including discrimination against an EE with respect to whom
Discourage Unionism interfere with EEs rights Discrimination membership in such organization has been denied or to
terminate and EE on any ground other than the usual terms and
In case of a change in company ownership, if there is BF, both vendor and vendee are liable conditions under which membership or continuation of
membership is made available to other members”
Totality of circumstances must be taken into account

“To initiate, dominate, assist or otherwise interfere with the formation or administration of any
Company Domination of LO, including the giving of financial or other support to it or its organizers or supporters”
Union
Badges:
(1) Initiation of company union idea
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 (2) Financial support to the union
(3) ER encouragement and assistance – company immediately granted union recognition as SEBA
without first determining whether the union represents majority of EEs
(4) Supervisory assistance – where management permitted union activities during work hours
(5) No union dues being collected
(6) No CBA concluded
Discrimination to
“To discriminate in regard to wages, hours of work and other terms and conditions of
Encourage/Discourage employment in order to encourage or discourage membership in any LO”
Unionism
Note: Valid discrimination – Union Security Clause
“To dismiss, discharge or otherwise prejudice or discriminate against an EE for having given or
being about to give testimony under the LC”
Retaliation Against EE for
Testimony Note:
Subject matter of testimony can be anything under the LC
Prohibition applied to a situation where ER retaliates against an EE who refused to testify in favor of the ER
“To violate the duty to bargain collectively as defined under LC” “To violate the duty or refuse to bargain collectively with the ER
provided that it is the representative of the EEs”
Four Forms:
(1) Failure or refusal to meet and convene Examples:
(2) Evading mandatory subjects of bargaining (1) Blue-Sky Bargaining – Making exaggerated or unreasonable
(3) BF in bargaining (boulwarism), including failure or refusal to execute the CBA, if requested proposals
(4) Gross violation of the CBA (2) Sweetheart Contract – It is ULP for a LO to ask for or accept
negotiation or attorney’s fees from the ER in settling a bargaining
Examples: issue or dispute. Resulting CBA is considered a “sweetheart
(1) Alleging that the union is irresponsible contract” which is a CBA that does not substantially improve the
(2) Run-Away Shop – Transfer of ownership, the plant itself, or its equipment, or by temporarily closing EEs’ wages and benefits and whose benefits are far below those
its business purposely to bust the union or to evade the payment of legitimate obligations that are provided by law
(3) Delaying negotiations
(4) Rejecting union’s offer to prove its majority claim
(5) Surface bargaining
(6) Refusal to make counter-proposals
Violation of Duty to Bargain (7) Closure of the business and subsequent opening of the same in BF for the purpose of circumventing Violation of Duty to Bargain
the Union’s right to collective bargaining
Factors to be considered:
(a) Timing of closure
(b) Reason of closure
(c) Timing of subsequent opening
(d) Reasons for subsequent opening
(8) ER proceeds to negotiate with another union despite the existence of its valid CBA with the SEBA

There is no ULP on the part of the ER because its adamant insistence on a bargaining position to the point
where the negotiations reach an impasse does not establish BF. It is but natural that at negotiations,
management and labor adopt positions or make demands and offer proposals and counter-proposals [General
Milling Corpo v. Union of Filipro]

For a charge of ULP to prosper, it must be shown that the company was motivated by ill will, BF, fraud or was
oppressive to labor, or dine in a manner contrary to morals, good customs, public policy [CABEU v. Central]

Intra-union dispute is not sufficient justification to suspend negotiation [DLSU v. DLSU EEs Assoc.]

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Payment of Negotiation or
Attorney’s Fees
“To cause or attempt to cause an ER to pay or deliver any money
or other things of value, in the nature of an exaction, for services
which are not performed or not to be performed, including the
demand for a fee for union negotiations”
Illegal Exaction;
Featherbedding Featherbedding – refers to EE practices which:
“To pay negotiation or attorney’s fees to the union or its officers or agents as part of the (1) Create or spread employment by unnecessarily maintaining or
settlement of any issue in CB or any other disputes” increasing the number of EEs
(2) Unnecessarily increasing the amount of time consumed to work on
a particular job

Payment of Negotiation or “To ask for or accept negotiation or attorney’s fees from ERs as
Attorney’s Fees part of the settlement of any issue in CB or other dispute”

Violation must be gross, flagrant and malicious refusal to comply with the economic provisions of the CBA
Violation must be gross, flagrant and malicious refusal to comply with the
Gross Violation of CBA Gross Violation of CBA
economic provisions of the CBA
Note: Economic provisions involve benefits or other concessions that are not mandated by law

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 Q. STRIKES AND LOCKOUTS

Concerted Activity One undertaken by two or more employees or by one on behalf of the others
Temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute
Strike
Includes concerted work stoppages, slowdowns, mass leaves, sit-downs, attempts to damage, destroy, sabotage ER’s equipment, and similar acts [Solidbank v. EU Gamer]
Any controversy or matter concerning terms and conditions of employment or the association or representation of persons in negotiations, fixing, maintaining, changing or arranging the terms and conditions of employment,
Labor Dispute
regardless of whether or not the disputants stand in the proximate relation of ERs and EEs
It is the most effective weapon of labor in protecting the rights of EEs to improve the terms and conditions of their employment
Importance of Strike
However, it should be used as the last weapon because it may breathe life or destroy the union. As such, decision to strike must rest on a rational basis, free from emotionalism, unswayed by tempers and tantrums, and focused
on legitimate interests of the union which should not be antithetical to public welfare. This is the rationale of regulation by law. [Lapanday Workers Union v. NLRC]
(1) Government EEs may form labor unions but are not allowed to strike
(2) Only LLOs are given the right to strike
Some Principles on Strike
(3) Not all concerted activities are strikes. They may only be protest actions. They do not necessarily cause a work stoppage by the protesters. A strike, in contrast, is always a group of action accompanied by work
stoppage
Lockout Temporary refusal of an ER to furnish work as a result of an industrial or labor dispute
Boycott An attempt, by arousing a fear of loss, to coerce others, against their will to withhold from one denominated “unfriendly to labor” their beneficial business intercourse
An act of marching to and fro the ER’s premises, usually accompanied by the display of placards and other signs making known the facts involved in a labor dispute.
If accompanied by a temporary work stoppage, there must be compliance with requirements of a valid strike
Picketing
Picketing and Libel Laws
In a labor dispute, it is unlikely that the language that would be used is both courteous and polite. Peaceful picketing is part of the freedom of speech. As such, the imputation of libel cannot lie [PCI Bank v. Philnabank]
Any person who obstructs, impedes or interferes by force, violence, coercion, threats or intimidation with any peaceful picketing by EEs during any labor controversy affecting wages, hours or conditions of work or in the exercise
Strike-breaker
of the right to self-organization or collective bargaining
Legal Strike One called for a valid purpose and conducted through means allowed by law
Illegal Strike One staged for a purpose not recognized by law, or if for a valid purpose, conducted through means not sanctioned by law
Economic Strike One staged to force wage or other economic concessions from the ER which he is not required by law to grant
ULP Strike One called to protest against ER’s acts of ULP including gross violation of CBA and union busting
Sit-Down Strike Characterized by a temporary stoppage of workers who thereupon seize or occupy property of the ER or refuse to vacate the premises of the ER
Forms of Strike Wildcat Strike Work stoppage that violates the labor contract and is not authorized and is disowned by the union. It is illegal because it fails to comply with requirements.
Work stoppages of workers of one company to make common cause with other strikers of other companies, without demands or grievances of their own against the ER. It is illegal because there
Sympathetic Strike
is no labor dispute between the workers who are joining the strikers and the latter’s ER
Willful reduction in the rate of work by a group of EEs for the purpose of restricting the output of the ER. It is a method by the EEs, without seeking a complete stoppage of work, retard the
Slowdown
production and distribution in an effort to compel compliance by the ER with the labor demands made upon him
Good Faith Strikes A strike justified by belief in GF that the ER was committing ULP. To invoke GF, circumstances must warrant belief of ULP
Deadlock ULP
(1) Strike:
(1) Strike: SEBA (a) If organized – SEBA
Striking/Lockouting Party
(2) Lockout: ER (b) If unorganized – Any LLO
(2) Lockout: ER
30 days from the filing of NOS before the intended date of actual strike subject to the
Cooling-off period 15 days from the filing of NOS subject to the 7-day ban
7-day ban
Allowable Strikes/Lockouts
May be dispensed with and union may take immediate action in case of union busting, where
there is:
Exception to the cooling-off
None (1) Dismissal from employment of their officers duly elected in accordance with CBA
period
(2) Existence of the union is threatened

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 (1) Those involving violations of CBA which are not gross in character shall be resolved via grievance machinery
(2) Inter-union or intra-union disputes
(3) Conducted without complying with procedural requirements
(4) Conducted after assumption of jurisdiction by SOLE or the President, and in violation of RTW Order
Prohibited Strikes/
(5) Conducted after certification to the NLRC for compulsory arbitration
Lockouts
(6) Conducted after submission to voluntary arbitration
(7) Conducted during the pendency of cases involving the same grounds for strike or lockout
(8) Economic strike in violation of No Strike Clause
(9) Those involving issues on wage distortion

1 No LO or ER shall declare a strike or lockout without first having bargained collectively

Effort to Bargain
A notice of strike or lockout must be filed with NCMB

Contents of Notice:
(1) State the names and addresses of the ER and the union involved
(2) The nature of the industry to which the ER belongs
(3) The number of union members and of the workers in the bargaining unit
2 (4) Such other relevant data such as a brief statement or enumeration of all pending labor disputes involving the same parties
(5) In case of bargaining deadlock:
Notice of Strike/Lockout (a) As far as practicable, state the unresolved issues in the bargaining negotiations;
(b) And accompanied by the written proposals of the union, counter-proposals of the ER and proof of a request for conference to settle the differences
(6) In cases of ULPs:
(a) As far as practicable, state the acts complained of;
(b) And efforts taken to resolve the dispute amicably
Notice must be filed observing the following cooling-off periods
3 (1) DEADLOCK – At least 30 days from the intended date of strike
(2) ULP – At least 15 days from intended date of strike
Cooling-Off Period EX: UNION BUSTING – No need to observe cooling off period
Procedural Requirements
Strike Lockout

(1) The union shall furnish NCMB a notice of the meeting wherein the strike vote is to be
4 obtained, at least 24 hours before the same
(2) A decision to declare a strike must be approved by a majority of the total union
Strike/Lockout Vote membership in the bargaining unit by secret ballot
(3) The union shall furnish the NCMB the results of the strike vote at least 7 days before
the intended strike, subject to the cooling–off period
(1) The ER shall furnish NCMB a notice of the meeting wherein the lockout vote is to
be obtained, at least 24 hours before the same
(2) A decision to declare a lockout must be approved by a majority of the BOD of the
ER, corporation, or association or partners in a partnership, obtained by a secret
ballot in a meeting called for the purpose
(3) The ER shall furnish the NCMB the results of the lockout vote at least 7 days before
the intended lockout, subject to the cooling–off period

5 Should the dispute remain unsettled after the lapse of the requisite number of days from the filing of the notice of strike or lockout and of the results of the election, the labor union may astrike
or the ER may lockout its workers
Declaration of
Strike/Lockout NCMB shall continue mediating and conciliating

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Test of Legality
Illegal Acts/Prohibited
Activities
Effect of Illegality;
Liabilities of Participating
Officers/Members
Improved Offer Balloting
Innocent Third Party Rule
(1) Statutory prohibition – government EEs have a right to organize but they do not have the right to strike. A strike held by them would be an example of illegal strike that violates a legal prohibition
(2) Procedural requirements
(3) Purpose and Means Test
(a) Purpose – Must be ULP and Deadlock
- In cases of ULP, the strike will not be declared illegal upon the finding that ER is not guilty of ULP when EEs believed in GF that ULP existed. Presumption of legality prevails even if the allegations of ULP
are found to be untrue. Nonetheless, mere allegation of GF is not enough; circumstances surrounding the case must warrant such belief
- Lockout is unlawful where it is declared in order to defeat organizational and bargaining rights of EEs or when it is discriminatory
(b) Means and methods – must be lawful; even if the purpose is valid, the strike may still be held illegal where the means employed are illegal
(4) Injunction; Assumption and RTW Order
(5) Agreement of parties – Must comply with grievance machinery and No Strike No Lockout Clauses
(1) No LO or ER shall declare a strike or lockout without first having bargained collectively or without having complied with procedural requirements
(2) No strike or lockout shall be declared after assumption of jurisdiction by the President or SOLE or after certification or submission of the dispute to compulsory or voluntary arbitration or during the pendency of cases
involving the same grounds for the strike our lockout
(3) No person shall obstruct, impede, or interfere with, by force, violence, coercion, threats or intimidation, any peaceful picketing by EEs during any labor controversy or in the exercise of the right to self-organization or
collective bargaining, or shall aid or abet such obstruction or interference
- In ULP Strikes, presence of violence should not warrant a finding of illegality because strikes, by their nature, are inherently explosive.
- Responsibility for violent acts must not be collective but merely individual
- For the strike to be declared illegal, the violence must be pervasive and widespread amounting to a policy
(4) No ER shall use or employ any strike-breaker, nor shall any person be employed as a strike-breaker
(5) No public official or EE, including officers and personnel of the New Armed Forces of the Philippines or the Integrated National Police, or armed person, shall bring in, introduce, or escort in any manner, any individual
who seeks to replace strikers in entering or leaving the premises of a strike area, or work in place of the strikers
(a) Police force shall keep out of picket lines unless actual violence or other criminal acts occur therein
(b) Nonetheless, any public officer may take any measure necessary to maintain peace and order, protect life and property, and/or enforce the law and legal order
(c) Except on grounds of national security and public peace, or in case of commission of a crime, no union members or officers may be arrested or detained for union activities without previous consultation with
SOLE
(6) No person engaged in picketing shall commit any act of violence, coercion, or intimidation or obstruct the free ingress to or egress from the ER’s premises for lawful purposes, or obstruct public thoroughfares
Illegal Strike Illegal Lockout
(1) Any union officer who knowingly participates in an illegal strike may be declared to have lost
employment status
(2) Any union officer or member who knowingly participates in the commission of illegal acts during a
strike may be declared to have lost his employment status. Mere participation of a member in an
unlawful strike shall not constitute sufficient ground for termination of employment, even if a
replacement had been hired by the ER during the strike Terminated workers are entitled to reinstatement with full backwages. In lieu of reinstatement, separation pay
(3) Backwages – follow the principle “a fair day’s wage for a fair day’s labor equivalent to 1 month pay per year of service
- Workers who engage in an economic strike are not entitled to backwages
- Workers who engage in a ULP strike are also not entitled, as a matter of right, but may be
awarded the same
- If workers are ready, willing, and able to work, and ER refuses to reinstate, said workers would be
entitled to backwages
In cases where both parties are at fault, situation warrants restoration of status quo ante, and reinstatement of workers without backwages, except where ER is guilty of
In Pari Delicto – Status Quo Ante
oppression and union-busting and strikers are denied reinstatement—backwages will be computed from date of denial
Strike Lockout
NCMB shall, at its own initiative or upon request, conduct a referendum by secret balloting on the reduced
NCMB shall, at its own initiative or upon request, conduct a referendum by secret balloting on the improved
th offer of the union on or before the 30th day of lockout
offer of the ER on or before the 30 day of strike
When at least majority of the BOD or trustees, or partners holding the controlling interest in the case of
When at least majority of the union members vote to accept the improved offer, the striking workers shall
partnership, vote to accept the reduced offer, the workers shall immediately return to work and the ER shall
immediately return to work and the ER shall thereupon re-admit them upon signing of the agreement
thereupon re-admit them upon signing of the agreement
Courts are not without power to confine or localize the sphere of communication or demonstration to the parties to the labor dispute, and to insulate establishments or persons with no industrial connection. Rights may be
regulated at the instance of “innocent bystanders” if it appears that the inevitable result of its exercise is to create an impression that a labor dispute with which they have no connection constitute an invasion of their rights.
[Liwayway Piblishing v. Permanent Concrete Workers Union]
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 R. ASSUMPTION OF JURISDICTION AND COMPULSORY ARBITRATION

When, in his opinion, there exists a labor dispute causing or likely to cause a strike or lockout in an industry indispensable to national interest, SOLE may assume jurisdiction and (1) decide it, or (2) certify the same to the NLRC
for compulsory arbitration. The President shall likewise have the power to determine which industries are indispensable to national interest and assume jurisdiction over disputes involving the same
Industry Indispensable to
National Interest
Assumption or certification shall have the effect of automatically enjoining the intended or impending strike or lockout. If one has already taken place, EEs shall immediately return to work and ER shall resume operations and
readmit all workers under the same terms and conditions prevailing before the strike or lockout
Strikes or lockouts in medical institutions shall be avoided.

If it cannot be avoided, it shall be the duty of the striking union or lockouting ER to:
Strikes and Lockouts in
(1) Provide and maintain an effective skeletal workforce of medical and other health personnel
Hospitals, Clinics and
(2) Personnel movement and services shall be unhampered and unrestricted
Similar Medical Institutions
(3) Personnel shall effectively insure the proper and adequate protection of the life and health of patients for the duration of the strike or lockout

Within 24 hours from knowledge of occurrence of such strike or lockout, SOLE shall immediately assume jurisdiction or certify for compulsory arbitration
The SOLE, NLRC, or VA shall decide or resolve the dispute within30 calendar days from the date of the AJ or certification or submission of the dispute.
Awards and Orders
The decision shall be final and executory 10 calendar days after receipt thereof by the parties
Voluntary Arbitration Before or at any stage of the compulsory arbitration process, the parties may opt to submit their dispute to voluntary arbitration

S. LABOR INJUNCTION

Definition and Nature It is an extraordinary remedy which can only be issued when an applicant stands to sustain grave and irreparable injury during the pendency of a labor dispute
No TRO or permanent injunction shall be issued by any court or other entity in any case involving or growing out of labor disputes
General Rule: Prohibition
Rationale: It may be abused and can easily be used as a strike-breaker. Kawawa ang labor.
Exception May be issued to enjoin prohibited activities (Art. 270), and not the lawful strike itself, and when applicant stands to sustain grave and irreparable injury (Art. 224)
(1) Notice and hearing
(a) Notice shall be served to all known persons against relief is sought
(b) Notice shall be served to the Chief Executive and other public officials of the province or city within which the unlawful acts have been threatened or committed, charged with the duty to protect complainant’s
property
Pre-requisites for Issuance (2) Reception of testimonies in support of allegations of a complaint under oath as well as in opposition thereto
of a Temporary or (3) Finding of facts by the NLRC that:
Permanent Injunction (a) Acts have been threatened and will be continued unless restrained
(b) Substantial and irreparable injury to complainant’s property will follow
(c) That greater injury will be sustained by complainants by the denial of relief than will be inflicted upon defendants by the granting of relief
(d) That complainant has no adequate remedy at law
(e) That public officers charged with the duty to protect complainant’s property are unable or unwilling to furnish adequate protection
(1) Allegation that unless a TRO is issued without notice, substantial and irreparable injury to complainant’s property will be unavoidable
(2) There is testimony that would be to sustain issuance even with notice and hearing
Pre-requisites for Issuance
(3) Filing of a bond sufficient to recompense those enjoined for any damage caused by the erroneous issuance of the order
of TRO Ex Parte
Note: TRO shall be effective for a period no longer than 20 days

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