1. What are the policy objectives of our labor relations law?

(a) To promote and emphasize the primacy of free collective bargaining and
negotiations, including voluntary arbitration, mediation and conciliation, as
modes of setting labor or industrial disputes;
(b) To promote free trade unionism as an instrument for the enhancement of
democracy and the promotion of social justice and development;
(c) To foster the free and voluntary organization of a strong and united labor
movement;
(d) To promote the enlightenment of workers concerning their rights and
obligations as union members and as employees;
(e) To provide an adequate administrative machinery for the expeditious
settlement of labor or industrial disputes;
(f)

To ensure a stable but dynamic and just industrial peace; and

(g) To ensure the participation of workers in decision and policy-making

processes affecting their rights, duties and welfare. (Art. 211)

2. Employer-employee relationship must exist so that labor

relations must exist so that labor relations law may apply
within an enterprise. What factors determine the existence of
such relationship?
a.
b.
c.
d.

selection and engagement of the employee

payment of wages
power to dismiss
power to control employee's conduct

3. What are considered labor disputes? What are the available

remedies?
"Labor dispute" includes any controversy or matter concerning terms or
conditions of employment or the association or representation of persons in
negotiating, fixing, maintaining, changing or arranging the terms and conditions
of employment, regardless of whether the disputants stand in the proximate
relation of employer and employee. (Art. 212)
Remedies in labor disputes:
a. grievance procedure - in-house adjustment of complaint, problem or dispute
following the steps prescribed in CBA or company policy
b. conciliation - a process where a disinterested third party meets with
management and labor, at their request or otherwise, during a labor dispute or
in collective bargaining conference and, by cooling tempers, aids in reaching
an agreement
c. mediation - a third party studies each side of the dispute then makes proposal
for the disputants to consider
d. enforcement or compliance order - an act of the Secretary of Labor in the
exercise of his visitorial or administrative authority to enforce labor laws,
policies, plans, or programs, or rules and regulations
e. certification of bargaining representatives - determination of which contending
unions shall represent employees in collective bargaining
f. arbitration - the submission of a dispute to an impartial person for the
determination on the basis of evidence and arguments of the parties

g. assumption of jurisdiction - an authority vested by law to the Secretary of

Labor or President to decide a dispute causing or likely to cause a strike or
lockout in an industry indispensable to the national interest
h. certification to NLRC - an action of the Secretary of Labor empowering NLRC to
compulsorily arbitrate a dispute causing or likely to cause a strike or lockout in
an industry indispensable to the national interest
i. injunction - an extraordinary remedy which is not favored in labor law. A writ of
injunction is issued to stop or restrain an actual or threatened commission of
prohibited or unlawful acts or to require the performance of an act, which if not
restrained or performed forthwith, may cause grave or irreparable damage to
any party or render ineffectual any decision in favor of such party.
j. judicial action - complaint filed with regular court in cases falling under its
jurisdiction
k. appeal - the process by which an order, decision, or award is elevated to a
higher authority, on specified grounds, so that the order, decision or award
may be modified or set aside and a new one issued
l. review by court
m. compromise agreement - in any stage of any these settlement processes, the
labor dispute may be resolved by the parties through a compromise
agreement, provided that the agreement is freely entered into and is not
contrary to law, moral, or public policy

-1. What is the NLRC?

The National Labor Relations Commission is an attached agency to
the DOLE composed of the Chairman and twenty-three members, which
shall be chosen from the workers, employers, and public sectors (tripartite
composition). The NLRC shall have 8 divisions. Each division shall have 3
members. The NLRC shall have, primarily, adjudicatory powers - it decides
all labor cases falling within its jurisdiction.
2. Is the NLRC independent of the Department of Labor and
Employment?
No, the NLRC is attached to the DOLE for program and policy
coordination only.
3. How is the NLRC's adjudicatory power distributed?
The NLRC shall exercise its adjudicatory and all other powers, functions,
and duties through its 8 divisions. The commission shall sit en banc on the
following:
for purposes of promulgating rules and regulations governing the
hearing and disposition of cases before any of its divisions and
regional branches and formulating policies affecting its
administration and operations
an en banc decision is required so that a case within the jurisdiction
of one division may be heard and decided by another decision
whose docket can accommodate the additional workload

 a recommendation by the Commission en banc is needed for the

appointment of a Labor Arbiter
-1. What is a RAB?
Claims on labor disputes or those falling under the jurisdiction of the
Labor Arbiter shall be filed in the Regional Arbitration Branch having the
jurisdiction of the workplace or place or locality where the cause of action
arose.
1.

2.

What cases fall within the jurisdiction of a Labor Arbiter?

a.

Unfair labor practice cases;

b.

Termination disputes;

c.

If accompanied with a claim for reinstatement, those cases that

workers may file involving wages, rate of pay, hours of work and other
terms and conditions of employment;

d.

Claims for actual, moral, exemplary and other forms of damages

arising from the employer-employee relations;

e.

Cases arising from any violation of Article 264 of this Code, including
questions involving the legality of strikes and lockouts; and

f.

Except claims for employees compensation, social security, medicare

and maternity benefits, all other claims arising from employeremployee relations, including those of persons in domestic or
household service, involving an amount exceeding five thousand pesos
(P5,000.00), whether or not accompanied with a claim for
reinstatement.

What are "corporate disputes"? Who has jurisdiction over

them?
Corporate disputes are:
a.

controversies arising out of intra-corporate or partnership relations,

between and among stockholders, members, or associates;
between any or all of them and the corporation, partnership or
associates of which they are stockholders, members or associates,
respectively; between such corporation, partnership or association
and the state insofar as it concerns their individual franchise or
right to exist as such entity;

b.

controversies in the election or appointments of directors, trustees,

officers or managers of such corporations, partnerships or
associations.

The regular courts (RTC) has jurisdiction over these disputes.

3.

Where is the venue of compulsory arbitration cases?

In the Regional Arbitration Branch of the workplace or where the

cause of action arose: maybe regular workplace, or where the employee
was assigned at that time, or in case of overseas Filipino worker, in the
place where the complainant resides or the principal office of any of the
respondents. Venue may be changed by the agreement of the parties or
by the Commission.

-What are the powers of the NLRC?

Rule-Making Power
The Commission has the power to promulgate rules and regulations:
governing the hearing and disposition of cases before it and its
regional branches;
pertaining to its internal functions; and
those that may be necessary to carry out the purposes of the
Code
Power to Issue Compulsory Processes
administer oaths;
summon parties; and
issue subpoenas ad testificandum and duces tecum
Power to Investigate and Hear Disputes Within Its Jurisdiction
conduct investigations for the determination of a question,
matter or controversy within its jurisdiction; and
proceed to hear and determine the disputes in the manner laid
down under paragraph (c) of Art. 218
Contempt Power
>power to hold any person in direct or indirect contempt.
Power to Conduct Ocular Inspection
Under Art. 219, the chairman, any commissioner, labor arbiter or
their duly authorized representatives may, at anytime during
working hours:
conduct an ocular inspection on any establishment, building,
ship or vessel, place or premises, including any work,
material, implement, machinery, appliance or any object
therein;
ask any employee, laborer or any person, as the case may be,
for any information or data concerning any matter or
question relative to the objective of the investigation
Adjudicatory Power
original jurisdiction
petitions for injunction or temporary restraining order under
Art. 218(e)
to hear and decide "National Interest" cases certified to it by
the Secretary of Labor
appellate jurisdiction
over all cases decided by the labor arbiters (Art. 217[b]) and
DOLE regional director or hearing officers under Art. 219
Power to Issue Injunction or Temporary Restraining Order

Injunction is frowned upon in labor disputes. What are the preconditions before an injunctive writ may be issued?
As a rule, restraining orders or injunctions do not issue ex parte and
only after compliance with the following requisites:
a hearing held "after due and personal notice thereof has been served,
in such manner as the Commission shall direct, to all known
persons against whom relief is sought, and also 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;"
reception at the hearing of "testimony witnesses, with opportunity for
cross-examination, in support of the allegations of a complaint
made under oath," as well as "testimony in opposition thereto, if
offered;"
"a finding of fact by the Commission to the effect:
that prohibited or unlawful acts have been threatened and will be
committed and will be continued unless restrained, but no
injunction or TRO shall be issued on account of any threat,
prohibited or unlawful act, threat or committing the prohibited or
unlawful act or actually authorizing or ratifying the same after
actual knowledge thereof;
that substantial and irreparable injury to complainant's property will
follow;
that as to each item or relief to be granted, greater injury will be
inflicted upon complainant by the denial of relief than will be
inflicted upon defendants by the granting of relief;
that complainant has no adequate remedy at law;
that the public officers charged with the duty to protect
complainant's property are unable or unwilling to furnish
adequate protection.
Only the Commission can issue injunction. The labor cannot issue
such but only to cases falling it and as an incident thereto to
preserve the rights of the parties but not related to any strike or
lock-out.
--

Technical rules are not strictly followed in proceedings before the

NLRC and Labor Arbiter. How is the rule reconciled with the
requirement of procedural due process?
Simplification of procedure, without regard to technicalities of law or
procedure and without sacrificing the fundamental requisites of due
process is mandated to insure speedy administration of labor cases.
Hence, the following cardinal primary rights must be respected even in
such proceedings:
right to a hearing;
tribunal must consider the evidence presented;

decision must be supported by something;

supporting evidence must be substantial;
decision must be rendered on the evidence presented or at least
contained in the record and disclosed to the parties affected;
the body or any of its judges must act on his own independent
consideration of the law and facts, and not simply accept the
views of the subordinate in arriving at a decision; and
decide in such manner that parties can know the various issues
involved and the reason for the decision.
How are compulsory arbitration cases heard and decided?
The Mandatory Conciliation and Mediation Conference is non-litigious
process, subject to due process and not strict application of the
technicalities of the rules conducted by the labor arbiter. It shall be
called for the purpose of (1) amicably settling the case upon
compromise; (2) determining the real parties in interest; (3)
determining the necessity of the amending the complaint and including
the cause of action;(4) defining and simplifying the issue in the case;
(5) entering into admission or stipulations of facts; and (6) threshing
out all other preliminary matters. All efforts shall be made to arrive in
compromise agreement and shall thereafter be approved by the labor
arbiter. Compromise agreement shall be final and binding on the
parties. It shall be terminated, except on justifiable grounds, within 30
days from the conference. No motion for reconsideration for the
postponement shall be entertained. If parties shall fail to arrive in
compromise agreement or amicably settle, proceeding shall proceed
under the jursidiction of the Labor arbiter.
--

A labor arbiter's decision is appealable to the NLRC and up to the

CA/SC. On what grounds? When?
Art. 223. Appeal. Decisions, awards, or orders of the Labor Arbiter are final and
executory unless appealed to the Commission by any or both parties within ten
(10) calendar days from receipt of such decisions, awards, or orders. Such appeal
may be entertained only on any of the following grounds:
(a) If there is prima facie evidence of abuse of discretion on the part of the
Labor Arbiter;
(b) If the decision, order or award was secured through fraud or coercion,
including graft and corruption;
(c) If made purely on questions of law; and
(d) If serious errors in the findings of facts are raised which would cause grave
or irreparable damage or injury to the appellant.

At each level of appeal what are the requisites? Is a motion for

reconsideration a requisite?
The appeal shall be:
filed within the reglementary period

verified by the appellant himself

in the form of a memorandum of appeal which shall state the grounds
relied upon and the arguments in support thereof, the relief prayed for,
and with a statement of the date the appellant received the appealed
decision, resolution or order
in three (3) legibly typewritten or printed copies
accompanied by: i) proof of payment of the required appeal fee; ii) posting
of a cash or surety bond; iii) a certificate of non-forum shopping; and
iv) proof of service upon the other parties
No motion for reconsideration needed be filed; in fact the NLRC Rules of
2005 does not allow a motion for reconsideration of a labor arbiter's
decision.
What are the limits to NLRC's appellate jurisdiction?
It shall be limited to the issues raised upon on appeal. Those that
are not raised on appeals shall be final and executory. Issues raised are
opened for review and actions taken thereon by the NLRC are within the
parameter of its jurisdiction.
How is the final decision of the Labor Arbiter (or the NLRC, etc.)
executed?
Under Art. 224, a writ of execution may be issued by the following officials
for the final decisions, orders or awards by promulgated by them:

Secretary of Labor and Employment

any Regional Director
the Commission
any Labor Arbiter
any Med-Arbiter
the Voluntary Arbiter
the Panel of Arbitrators
The writ of execution on a judgment may be issued motu proprio or on
motion of any interested party within five (5) years from the date it
becomes final and executory. Execution is done through the regular or
special sheriff. But alternatively, the Secretary, the Commission, any Labor
Arbiter, the Regional Director or the Director of Bureau of Labor Relations
in appropriate cases may deputize the Philippine National Police or any law
enforcing agencies in the enforcement of final awards, orders or decisions.
May a regional trial court issue an injunction against an NLRC
decision?
A regular court has no jurisdiction to hear and decide questions which
arise and are incidental to the enforcement of decisions, orders or awards
rendered in labor cases by appropriate officers and tribunals of the DOLE.
As a general rule, the RTC cannot issue an injunction against the NLRC.
However, the Court ruled in the Yupangco case that the RTC where the
reinvindicatory action is filed can issue an injunction or TRO against the
execution ordered by a labor arbiter or the NLRC.
-What kinds of cases fall within BLR's jurisdiction?
The BLR handles inter and intra-union disputes. It no longer handles
"all" labor-management disputes; rather, its functions and jurisdiction are
largely confined to union matters, collective bargaining registry, and labor
education.
May a labor standards violation be settled by compromise? How is
this done?
Yes, a labor standards violation may be settled by compromise. A
fundamental policy of Philippine labor laws is to allow the parties to find
solutions to their own disputes. Compromise agreements involving labor
standard cases must be reduced to writing and signed in the presence of
the Regional Director or his duly authorized representative.
May such compromise be valid if the agreement sets terms lower
than the statutory standards?
Yes, a compromise agreement may still be valid even if it sets terms
lower than the statutory standards. If the agreement was voluntarily
entered into and represents a reasonable settlement, it is binding on the
parties. It is only where there is clear proof that the waiver was obtained
through fraud, misrepresentation, or coercion, or the terms of the
settlement are unquestionable on its face.
Where, when, and how is a CBA registered?
Within thirty (30) days from the execution of a collective bargaining
agreement, the parties shall submit copies of the same directly to the Bureau or

the Regional Offices of the Department of Labor and Employment for registration
accompanied with verified proofs of its posting in two conspicuous places in the
place of work and ratification by the majority of all the workers in the bargaining
unit. The Bureau or Regional Offices shall act upon the application for registration
of such collective bargaining agreement within five (5) calendar days from receipt
thereof. The Regional Offices shall furnish the Bureau with a copy of the collective
bargaining agreement within five (5) days from its submission.
The Bureau or Regional Director shall assess from the employer an amount of
1000Php for the administration proceeding.

--

What are the requirements for organizing and registering a

union?
Art. 234. Requirements of registration.
Any applicant labor organization,
association or group of unions or workers shall acquire legal personality and shall
be entitled to the rights and privileges granted by law to legitimate labor
organizations upon issuance of the certificate of registration based on the
following requirements:
(a) Fifty-pesos (P50.00) registration fee;
(b) The names of its officers, their addresses, the principal address of the labor
organization, the minutes of the organizational meetings and the list of the
workers who participated in such meetings;
(c) The names of all its members comprising at least twenty 20% percent of all
the employees in the bargaining unit where it seeks to operate.
(d) If the applicant has been in existence for one or more years, copies of its
annual financial reports; and
(e) Four copies of the constitution and by-laws of the applicant union, the minutes
of its adoption or ratification and the list of the members who participated in it.
Art. 237. Additional requirements for federations or national unions. Subject to
Article 238 if the applicant for registration is a federation or a national union, it
shall, in addition to the requirements of the preceding Articles, submit the
following:
(a)
Proof of the affiliation of at least ten locals or chapters, each of which must
be a duly recognized collective bargaining agent in the establishment or industry
in which it operates, supporting the registration of such applicant federation or
national union;
(b)
The names and addresses of the companies where the locals or chapters
operate and the list of all the members in each company involved.

What is a collective bargaining unit? How does it differ from a

union?
Collective Bargaining Unit refers to a group of employees sharing
mutual interests within a given employer unit, comprised of all or less than
all the entire body of employees in the employer unit or any specific
occupational or geographical grouping within such employment unit. A
union refers to any labor organization in the private sector organized for
collective bargaining and for other legitimate purposes.
The CBU is different and bigger than a union. Union members come
from the CBU and there can be several rival unions within a CBU. While

officers lead and represent a union, a union represents a CBU. The

representative is the union; the group represented is the CBU.
What is union affiliation and what are its implications? May an
affiliate disaffiliate?
Union affiliation is one wherein an affiliate, an independently registered
union enters into an agreement of affiliation with a federation or national
union or wherein a chartered local which applied for and was granted an
independent registration but did not disaffiliate from its mother federation
or mother union. The sole essence of affiliation is to increase, by collective
action, the common bargaining power of local unions for the effective
enhancement and protection of their interests. Yet the local unions remain
the basic units of association free to serve their own interests subject to
the restraints imposed by the constitution and by-laws of the national
federation.
Once affiliated, a local union may disaffiliate from the federation. As a
general rule, a labor union may disaffiliate from the mother union to form
an independent union only during the 60-day freedom period immediately
preceding the expiration of the CBA. However, even before the onset of
the freedom period, disaffiliation may still be carried out, but such
disaffiliation must be effected by a majority of the union members in the
bargaining unit.
How do unions merge or consolidate?
Merger of labor organizations is the process where a labor organization
absorbs another, resulting in the cessation
of the absorbed labor
organization's existence and the continued existence of the absorbing
labor organization. Consolidation of unions arising from the unification of
two or more unions.
On what grounds and upon whose petition may
registration be cancelled?
Art. 239. Grounds for cancellation of union registration.
constitute grounds for cancellation of union registration:

a unions

The following shall

(a) Misrepresentation, false statement or fraud in connection with the adoption or

ratification of the constitution and by-laws or amendments thereto, the minutes of
ratification, and the list of members who took part in the ratification;
(b) Failure to submit the documents mentioned in the preceding paragraph within
thirty (30) days from adoption or ratification of the constitution and by-laws or
amendments thereto;
(c) Misrepresentation, false statement or fraud in connection with the election of
officers, minutes of the election of officers and the list of voters, or failure to
submit these documents together with the list of the newly elected/appointed
officers and their postal addresses within thirty (30) days from election;
(d) Failure to submit the annual financial report to the Bureau within thirty (30)
days after the closing of every fiscal year and misrepresentation, false entries or
fraud in the preparation of the financial report itself;
(e) Acting as a labor contractor or engaging in the "cabo" system, or otherwise
engaging in any activity prohibited by law;
(f) Entering into collective bargaining agreements which provide terms and
conditions of employment below minimum standard established by law;

(g) Asking for or accepting attorney's fees or negotiation fees from employers;
(h) Other than for mandatory activities under this Code, checking off special
assessments or any other fees without duly signed individual written
authorizations of the members;
(i) Failure to submit a list of individual members to the Bureau once a year or
whenever required by the Bureau; and
(j) Failure to comply with requirements under Articles 237 and 238.

Other grounds:
violation of any of the acts mentioned in article 241, if the petition
for cancellation is supported by at least 30% of the membership
non-compliance with the reportorial requirements specified in Rule 5
of D.O. 40-03
Any party-in-interest may commence a petition for cancellation of a
union's registration, except in action involving violations of Art. 241, which
can only be commenced by members of the labor organization
constituting at least 30% of all the members.
-What are the rights of union members?
Political Right - the member's right to vote and be voted for, subject to
lawful provisions on qualifications and disqualifications
Deliberative and decision-making right - the member's right to participate
in deliberations on major policy questions and decide them by secret
ballot
Rights over money matters - the member's right against excessive fees;
the right against unauthorized collection of contributions or
unauthorized disbursements; the right to require adequate records of
income and expenses and the right to access to financial records; the
right to vote on officers' compensation; the right to vote on proposed
special assessment and be deducted a special assessment only with
the member's written authorization
Right to information - the member's right to be informed about the
organization's constitution and by-laws and the collective bargaining
agreement and about labor laws
When, how, and by whom are union officers elected? How may
they be impeached or removed?
The officers of the union are elected directly by the members in secret
ballot voting. The election takes place at intervals of five years which is
the term of office of the union officers including those of a national union,
federation, or trade union center. What positions to fill up, where, and how
the election should be done are matters left to the union's constitution and
by-laws or to agreement among the members.
May a union member seek the cancellation of his union's
registration?
Yes, when such violation directly affects the member.

What is check-off? When may it properly be done?

A check-off is a method of deducting from an employee's pay at
prescribed period, the amounts due to the union fees, fines or
assessments. It must be made through an individual written authorization
duly signed by the employee stating the amount and purpose and the
beneficiary of the deduction.
-What are the rights of a legitimate labor organization?
Art. 242 Rights of legitimate labor organizations. A legitimate labor organization
shall have the right:
(a) To act as the representative of its members for the purpose of collective
bargaining;
(b) To be certified as the exclusive representative of all the employees in an
appropriate collective bargaining unit for purposes of collective bargaining;
(c) To be furnished by the employer, upon written request, with his annual audited
financial statements, including the balance sheet and the profit and loss
statement, within thirty (30) calendar days from the date of receipt of the request,
after the union has been duly recognized by the employer or certified as the sole
and exclusive bargaining representative of the employees in the bargaining unit,
or within sixty (60) calendar days before the expiration of the existing collective
bargaining agreement, or during the collective bargaining negotiation.
(d) To own property, real or personal, for the use and benefit of the labor
organization and its members;
(e) To sue and be sued in its registered name; and
(f) To undertake all other activities designed to benefit the organization and its
members, including cooperative, housing welfare and other projects not contrary
to law.

May a union, as representative,

members' money claims?

settle

by

compromise

its

Money claims due to laborers cannot be the object of settlement or

compromise effected by a union or counsel without the specific individual
consent of each laborer concerned. The beneficiaries are the individual
complainants themselves. The union to which they belong can only assist
them but cannot decide for them.
--

In the private and public sectors , who are the personas allowed
and not allowed to form or join labor organizations?
Art. 243. Coverage and employees' right to self-organization.
All persons
employed in commercial, industrial and agricultural enterprises and in religious,
charitable, medical or educational institutions whether operating for profit or not,
shall have the right to self-organization and to form, join or assist labor
organizations of their own choosing for purposes of collective bargaining.
Ambulant, intermittent and itinerant workers, self-employed people, rural workers
and those without any definite employers may form labor organizations for the

purpose of enhancing and defending their interests and for their mutual aid and
protection.
Managerial employees are not allowed to join union. Supervisors are allowed to
form union but are not allowed to join union of rank-and-file.

What law governs labor relations in the public sector?

Employees of government corporations established under the Corporation
Code shall have the right to organize and to bargain collectively with their
respective employers. All other employees in the civil service shall have the right
to form associations for purposes not contrary to law.

May government employees hold protest actions? May they go on

strike - legally?
The highest law of the land guarantees to government employees the
right to organize and to negotiate, but not the right to strike.
In the private sector how does a manager differ from a supervisor.
Managerial employees are those who are vested with the powers or
prerogative to lay down or execute managerial policies and or to hire,
transfer, suspend, lay-off, recall, discharge, assign, or discipline
employees. Supervisory employees, on the other hand, are those who
in the interest of their employer, effectively recommends such
managerial actions if the exercise of such authority is not merely
routinary or clerical in nature
but requires use of independent
judgment.

Supervisors and rank-and-file employees cannot join the same

union. What happens if they do?
They are segrated for it is founded on fairness to the employer and
employees themselves. It will be detrimental to them. The performance of
supervisory functions, may be an extension or alter ego of the
management. If they are commingled then it is not a legitimate labor
organization. Such union should not be registered.
Art. 245-A, the employees are automatically deemed removed from
the list of membership. Supervisory employees shall not be eligible for
membership in a labor organization of the rank-and-file employess but
may join, assist, or form separate labor organizations of their own.

Who are considered confidential employees? May they join

unions?
Confidential employees is one entrusted with confidence on delicate
matters, or with the custody, handling, or care and protection of the
employer's property, related or linked to labor relations matter.
They assist and act in a confidential capacit and to persons who
formulate, determine, and effectuate management policies in the
field of labor relations.

-May a union, as representative,

members' money claims?
--

settle

by

compromise

its