Labor Law Memory Aid (San Beda).pdf

uarryin >uarrying, g, blasting blasting,, stevedo stevedoring ring,, dock work, work, deep-sea fishing and mechaniIed farming c# engaged engaged in the manufa manufactur cture e or handlin handling g of euipment e# use or or are eu >uarters  )de>uate  )de>uate food edical attendance A+ /ndemnity /ndemnity for for unust unust termina termination tion if 2i
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LABOR LAW (STANDARDS AND RELATIONS) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 b# does does not crea create te unfair unfair comp competi etitio tion n in labor labor costs costs or impair impair worki working ng standards

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Employment )greement shall state8include: a# $ames $ames and address addresses es of the handica handicappe pped d workers workers to be employed employed b# %ate to to be paid not not less than than K*4 K*4 of applicab applicable le legal legal minimum minimum wage c# urat uration ion of employ employme ment nt peri period od d# ?ork ?ork to be performe performed d by handica handicappe pped d - the agreemen agreementt is always always subect subect to inspection inspection by S3!E or duly authoriIed authoriIed representative 9# Eligibility for )pprenticeship )pprenticeship /f their handicap is not such as to effectively impede the performance of ob operations in the particular occupations for which they are hired

#$%&R RE#$TI&N'  RE<+IREMENTS FOR RE&ISTRATION LABOR OR&ANI=ATION FEDERAL8NA 8NATIONAL NAL +NION ? Registration 2ee In addition to ; @; d  d  and % of @? Names, addresses of its re>uirements for !abor 3rg: officersM principal ? Resolution Resolution of affiliation of addressM minutes of the at least 1( locals or organiIational organiIational meetingsM chapters all duly list of workers who recogniIed "ollective participated in the argaining agents+ meetings @? Names and addresses of /? Names of all its the companies where the members members comprisin comprising g at locals locals8ch 8chap apte ters rs opera operate te least &(4 of all the plus plus list list all all memb member ers s in employees in the each company involved bargaining unit where it seeks to operate d? Two &+ &+ cop copies ies of its its financial reports is appl applic ican antt has has been been in e
WORKERS> ASSOCIA ASSOCI ATION ? Registration fee @? Names of its members, their addresses, principal office of appli applican cant, t, minut minutes es of organiIational meeting meetings, s, and names names of individu individual al members members who atte attend nded ed such such meetings /? Copy opy of cons consti titu tuti tion on and by-laws duly ratif ratified ied by maori maority ty of individual members

CARTERIN& /ssuance by 2ederation of charter certificate to a local8chapter  copy of which shall be submitted to !% within 9( days from issuance in addition submit "! and set of officers books of accounts are no longer re>uired

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LABOR LAW (STANDARDS AND RELATIONS) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001

AFFILIATION o Ind%"%nd%nt#$ R%.ist%,%d +nion file with %egional 3ffice or !% & copies of verified resolution of affiliation, ratified by a maority of the union, and a resolution of acceptance of by the federation 8 industry union !ocal8"hapter becomes an !!3 only upon Submission of the ff# to the !% 8 %egional 3ffice: a# a charter charter certifi certificate cate ?ithi ?ithin n 9( days days from from issuance issuance++ b# "! and and stat stateme ement nt of off office icers rs - books of account are no longer re>uired &RO+NDS FOR CANCELLATION OF +NION RE&ISTRATION Misrepresentation, 2alse Statement or 2raud in connection with : a# adoption8ratification adoption8ratification of the "! or amendments amendments thereto, thereto, minutes of ratification ratification and the list of members who took part in the ratification b# election election of office officers, rs, minutes minutes thereof thereof,, list of officers officers8vot 8voters ers c# in the the preparat preparation ion of the the finan financial cial reports reports Failure to Submit : a# "!, minutes minutes of its adoption8ratific adoption8ratification, ation, list of members members ho took part within 9( days from adoption of ratification or amendments thereto b# inutes of the elections of officers, officers, list of officers8voters officers8voters within 9( days from from election c# )nnual financial report to the !% within 9( 9( days after the the closing of every fiscal year  d# !ist of individual members to the !% once once a year year or whenever whenever re>uired by the !% Acting as labor contractor or engaging in the @"abo System@ or otherwise engaging in any activity prohibited by law Entering into ")s with terms and conditions of employment below minimum standards established by law Asking for or accepting attorney@s fees or negotiation fees from employer  Checking off special assessments or any other fees without duly signed individual written authoriIations of the members other than for mandatory activities under the labor "ode+ RI&TS AND CONDITIONS OF MEMBERSIP A?

Po#iti/# Ri.4ts 1# 3ffic 3fficers ers irect irectly ly elec elected ted &# $o person person convicted convicted of crime crime involving involving moral moral turpitud turpitude e shall be eligible eligible to be an officer of union 9# 3ffi 3ffice cers rs shal shalll not not be paid paid any any comp compen ensa sati tion on other ther than than sala salari ries es and and euestio >uestion n of maor maor policy &# $o admission admission of of individuals individuals who who are members of subversive subversive organiIatio organiIations ns

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Ri.4ts O%, Mon%$ Mtt%,   1# $o arbitrary arbitrary,, e
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LABOR LAW (STANDARDS AND RELATIONS) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 H# 2unds 2unds shall not be applied applied for any purpos purpose e other than than e
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Ri.4t To B% Ino,!%d 2ull and and detaile detailed d report report of all all financia financiall transact transactions ions )ll )ll inco income me and and reve revenu nue e evid eviden ence ced d by a reco record rd and and ever every y euired by written resolution of maority ooks ooks of account account and financial financial records records open open to inspection inspection by officer8 officer8memb member er during office hours uty of labor labor organiIa organiIation tion to inform inform members members of conten contents ts of "!, ") ") and and their rights and obligations under e
.0rotest on Election of 3fficers 2orma 2ormaliI liIed ed befo before re ed ed )rbite )rbiterr within within * days days from from close close of Electi Election on 0roceedings ecided within &( working days

INTRA+NION DISP+TES ;eneral %ule :%elief must first be sought within the union itself in accordance with its "! which must be alleged in the petition E7/%"tions * Futility of intra-union remedies Improper euestion of law Administrative agency has already preudged the case Administrative agency was practically given an opportunity to act on the case but did not .%e>uirement for a complaint for =iolation of by-laws and rights and conditions of membership: inimum of 9(4 of the members of the !abor 3rganiIation E
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Substitutionary octrine - employees cannot revoke the validity of a validly e
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LABOR LAW (STANDARDS AND RELATIONS) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 ") with their employer by the simple e
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LABOR LAW (STANDARDS AND RELATIONS) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 -ISITORIAL POWER ?ho : %e : "aus "ause e : 0rohibited

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Sec of 3!E or duly authoriIed representative /n>uire into 2inancial )ctivities of !!3 "omp "ompla lain intt unde underr oath oath supp suppor orte ted d by the the writ writte ten n cons consen entt at least &(4 of !!3@s total membership 1# A( A( day freedom period &# within 9( days immediately immediatel y preceding election of union officers

EXEC+TI-E ORDER 10  )pplies to all employees employees of all branches, branches, subdivisions subdivisions,, instrumentalities and agencies of the government including employees of ;3""s with original charters "an form, oin or assist employeesO organiIation for furtherance and protection of interest NOT Co%,%d * igh-level employees A20 Police 3fficers Policemen Firemen ailguards  )pplication  )pplication filed with with the !% %egistration %egistration is with the "ivil Service "ommission or 3!E "S" "hairman and ole Sec ointly approve+ 0etition for "ertification Election if filed with the !% RI&TS OF LE&ITIMATE LABOR OR&ANI=ATIONS Act as the representative of its members for the purpose of collective bargaining Certified as the e
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LABOR LAW (STANDARDS AND RELATIONS) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 +NION SEC+RITY CLA+SE union can determine membership and prescribe conditions for its ac>uisition and retention cannot be used by union officials against an employer, much less their own members e
become union members within a certain period thereafter   3/2/E 6$/3$ S530 - employees who are not union members at the

time of the signing of the contract need not oin the union, but all workers hired thereafter should oin  )/$TE$)$"E 32 EE%S5/0 - no employee is compelled to oin the

union, but all present or future members must, as a condition of employment, employment, remain in good standing with the union  EJ"!6S/=E )%;)/$/$; S530 - the union is recogniIed as the e
bargaining agent for all employees, whether union members or not )%;)/$/ /$/$; $; 23% EE EE%S %S 3$! 3$!7 - the the union union is recog recogniI niIed ed as the the  )%;) bargaining agent only for its own members   );E$"7 S530 - an agreement agreement whereby employees employees must either oin the

union or pay to the union as the eual to that paid by the members# This is directed against the Pfree riderP employees who benefit benefit from union union activitie activities s without without contribu contributing ting to union union support support o preve prevent nt a situa situatio tion n of non-un non-union ion membe members rs enric enrichin hing g themse themselve lves s at the the e
determine who to employ8regulariIe &%n%,# R3#% *

 )ll employees in the bargaining unit covered covered by the union security clause are subect to its terms

E7/%"tion * Any employee who at the time the agreement takes effect is a bona fide member of a religious religious organiIatio organiIation n which which prohibit prohibits s its members members from oining oining labor labor unions unions on religious grounds Employees already in the service and already members of a labor union or unions other than the maority union at the time the agreement took effect Superv uperviso isors rs inelig ineligibl ible e unde underr the the )ct )ct to oin oin the maori maority ty union union becau because se of the the membership therein of employees under their supervision Employees e
and and

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LABOR LAW (STANDARDS AND RELATIONS) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 .%EE/ES: 1# "iv "ivil )s )spec pects !abor !abor )rbite )rbiterr who who shall shall resolv resolve e within within 9( calen calenda darr days days from from submission for decision recovery of civil liability in the administrative proceedings proceedings shall bar recovery under the "ivil "ode substantial evidence enough &# "rim "rimin inal al )sp )spec ects ts ust be proved independently from labor case 0rosecution not possible until after finality of udgment in the labor case  )dmin8civil udgment not evidence of 6!0 insofar as the criminal case is concerned uri uring ng the the pend penden ency cy of admi admin n proc procee eedi ding ng,, the the runn runnin ing g of prescription of criminal offense shall be interrupted +LP OF EMPLOYERS 1# %est %estra rain int, t, inte interf rfer eren ence ce or coer coerci cion on in thei theirr euipmen e>uipmentt f# anuf anufact acture ure of of the same same produc products ts or the perfo performa rmance nce of the the same services &# 7ellow og og "ontract "ontract - contract contract whereby whereby an employee employee agrees agrees that that during the the period of his employment he will not become a member of a labor union 9# "ont "ontra ract ctin ing g work work out out - serv servic ices es or func functi tion ons s bein being g perf perfor orme med d by unio union n members - determining factor : motivation $&unaway Shop : industrial :  industrial plant moved by its owners from one locat location ion to anoth another er to escap escape e union union labor labor regulations regulations or state lawsM lawsM a plant removed removed to a new location in order to discriminate against against employees at the old plant because of their union activities H# isc iscri rimi mina nati tion on wa wages, ges, hour hours s of work work,, othe otherr term terms s B cond condit itio ions ns of employment+

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LABOR LAW (STANDARDS AND RELATIONS) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 0urpose : to encourage 8discourage membership in any labor org@n *# /ndirect /ndirect discrimin discriminatio ation n against against someone someone who has filed filed charges charges or for having given or about to give testimony against the employer under the !abor "ode A# =iola =iolatio tion n of of duty duty to to arg argain ain K# 0ay negotiation negotiation or attorney@s attorney@s fees to the union union or its officers officers or agents as part of the settlement of any issue in collective bargaining or any other dispute# # =iol =iolat atio ion n of of the the ") ") 2lagrant B malicious refusal to comply with the economic conditions or provisions thereof  '# /nit /nitia iate tes, s, domi domina nate tes, s, assi assist sts s othe otherw rwis ise e inte interf rfer eres es with with the the form format atio ion n or administration of any labor organiIation including the giving of financial or other support to its organiIers or officers RELIEF IN +LP CASES - not sub'ect to compromise   "ease and desist order where : %estrained conduct was an issue in the case There was a finding of fact on said misconduct 2inding of fact supported by evidence  %einstatement, 0ayment of ackwages  isestablishment - withdrew all recognition from the dominated labor union  3rder to bargain • • •

+LP OF LABOR OR&ANI=ATIONS 1+ %estraint, interference or coercion coercion in their e
H+ %eatherbedding %eatherbedding : employee practices which create or spread employment employment by unnecessarily maintaining or increasing the number of employees used or the amount of time consumed to work on a particular ob *+ )ccept8a )ccept8ask sk for negotiat negotiation ion or attorney@ attorney@s s fees from employer employers s as part of the settlement of any issue in collective bargaining or any other dispute

A+ ;ross violation of ") if not gross, not 6!0+ 2lagrant B malicious refusal to comply with the economic conditions or provisions thereof  +RISDICTION OF -OL+NTARY ARBITRATORS ARBITRATORS 1# 3rig 3rigin inal al and and E
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;rievance machinery, after 

automatically referred

)ward to be made

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LABOR LAW (STANDARDS AND RELATIONS) MEMORY AID if unse unsett ttle led d afte afterr days K calendar days from submission

TERM TERM OF CBA CBA *

ATENEO CENTRAL BAR OPERATIONS 2001 to =olun olunta tary ry )rbi )rbitr trat ator or with within in &( cale calend ndar ar

1( cal cal

days

 $% $%,s ,s s to t4% t4% ,%" ,%",% ,%s% s%nt ntt tio ion n s" s"%/ %/tt R%n%.otition o ",oisions ot4%, t4n ,%",%s%nttion s"%/t - not later than 9 years after its e
BAR&AININ& +NIT group of employees of a given employer comprised comprised of all or less than all of the entire body of employees, which the collective interests of all he employees, consistent with e>uity to the employer, indicate to be the best suited to serve the reciprocal rights and duties of the parties under the ") EXCL+SI-E BAR&AININ& REPRESENTATI-E labor labor organ organiIa iIatio tion n desig designa nated ted or select selected ed by the maor maority ity of the the employees in an appropriate bargaining unit desp despit ite e havi having ng an E%, E%, an indi indivi vidu dual al empl employ oyee ee or grou group p of employees shall have the right at anytime to present grievances to their employers P,ti/i"tion o Wo,%,s in Po#i/$ nd D%/ision Min. workers shall have the right subect to such rules rules and regulations regulations as the the Secr Secret etar ary y of !abo !aborr and and Empl Employ oyme ment nt may may prom promul ulga gate te,, to participate in policy B decision making processes of the establishment where they are employed insofar as said processes will directly affect their rights, benefits, and welfare pursuant to this, !abor-anagement "ouncils may be formed SEC+RITY OF TEN+RE N applies to all establishment or undertakings whether for profit or not CLASSES OF EMPLOYEES 1# %E;6!)% N engaged to pe perform act activities whi which are are usu usually lly desirable in the usual business or trade of the employer 

necessary or

&# 0%3DE"T N one whose employment has been fi
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LABOR LAW (STANDARDS AND RELATIONS) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 activity in which he is employed and his employment shall continue while such activity e
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LABOR LAW (STANDARDS AND RELATIONS) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 *# 0%3 0%3) )T/3$ T/3$)% )%7 7 N ;eneral %ule: $ot Euires a longer period+ 3. the the emplo employer yer gives gives the the emplo employe yee e a secon second d chance chance to pass pass the standards set N may be terminated a+ u ust cause b+ when when he fail fails s to >ual >ualif ify y as a regu regula larr employee employee in accordan accordance ce with reasonab reasonable le standards made known by the employer to employee at the time of his engagement N if allow allowed ed to work work after after the prob probati ationa onary ry perio period, d, he shall shall be consi conside dered red a %E;6!)% employee A# 2/JE TE TE% N allowed if: - period period is agreed agreed upon upon knowingly knowingly and volunta voluntarily rily by by the parties parties witho without ut force, duress, or improper pressure eual terms with no moral dominance euivalent e>uivalent TERMINATION  .'T C$.'E 

a# ;%36$S 1# Serio Serious us miscond misconduct uct or willfu willfull disob disobed edien ience ce by the employ employee ee of the the lawful orders of his employer or representative in connection with his work work-related+ &# ;ross ;ross and habitu habitual al neglect neglect by the the employe employee e of his duties duties 9# 2raud 2raud or willful willful breach breach by employe employee e of the trust trust reposed reposed in him by his his employer or duly authoriIed representative not mere suspicion+ H# "ommissio "ommission n of a crime or or offense offense by the employ employee ee against against the the person person of his employe employerr or any immedia immediate te membe memberr of his family family or duly duly authoriIed representative *# 3ther 3ther causes causes analogo analogous us to to the foregoin foregoing g b# ))$3 $3$E$ E$T N means the deliberate, unustified refusal of an employee to resume his8her employment# N "wo elements must be proved: - the the int inten enti tion on to aban abando donM nM and and - an overt overt act from from which which it may be inferre inferred d that that the the employ employee ee has no more intent to resume his8her work# N this this is nega negate ted d by immed immedia iate te filin filing g of an acti action on for for /!!E; /!!E;)! )! /S/SS)!

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LABOR LAW (STANDARDS AND RELATIONS) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 c# 6E 0% 0%3"ESS 1# written written notice notice contain containing ing a stateme statement nt of the causes causes for termina termination tion &# a hearing hearing or confere conference nce where where the employe employee, e, who may be assist assisted ed by counsel if he so desires, is given the opportunity to respond to the charge, present his own evidence, or rebut evidence against him 9# written written notice notice of terminat termination ion served served on the employe employee e indicating indicating that that grounds have been established to ustify his termination based on due consideration of all the circumstances H# righ rightt to conte contest st the vali validi dity ty or lega legali lity ty of his his dism dismis issa sall by filin filing g a complaint with the $!%" *# burden burden of of proof proof is with with the the employ employer  er  A# S6S0E$S S6S0E$S/3$ /3$ 32 E22E" E22E"TS TS 0E$/$; 0E$/$; %ES3 %ES3!6T !6T/3$ /3$ F if there there is a prima facie finding that the termination may cause a serious labor dispute or is in implementation of mass layoff, the Secretary of !abor may suspend the effects of the termination  RE'I/N$TI&N 

a# ?/T5 ?/T536 36T T D6S D6ST T ")6 ")6SE SE 1# at lea least st 1 month month prio priorr notic notice e &# employe employee e may be held held liable liable for damage damages s for failure failure to give give notice notice b# ?/T5 ?/T5 D6S D6ST ")6 ")6SE SE 1# ;rounds a# seri seriou ous s insu insult lt on the the honor honor and and perso person n of empl employ oyee ee by the the employer or his representative b# inhumane inhumane and and unbeara unbearable ble treatm treatment ent accorde accorded d to the employee employee c# commis commissio sion n of a crime crime agains againstt person person of the employ employee ee or any of the immediate members of his family d# other other causes causes analo analogous gous to the the forego foregoing ing &# $oti $otice ce $ot $ot $ec $eces essa sary ry  E0P#&10ENT N&T DEE0ED TER0IN$TED

a# bona bona fide suspensi suspension on of the operatio operation n of a busines business8un s8undert dertakin aking g for a period of not more than A months b# fulfillme fulfillment nt by the the employ employee ee of a milita military ry or civic civic duty N Effects : Employer shall reinstate the employee to his former position without loss of seniority rights /2 employee indicates his desire to resume his work not later than 1 month from resumption of operations of his employer or his relief from the military or civic duty  PRE2ENTI2E '.'PEN'I&N 

3  ustified where where the employeeO employeeOs s continued continued employment employment poses poses a serious and imminent threat to the life or property of the employer or of his co-workers N must not e
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LABOR LAW (STANDARDS AND RELATIONS) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 C$.'E'    $.T!&RI4ED C$.'E'  a# ;%36$S 1# introdu introductio ction n to to labor-sa labor-saving ving devices devices N view to effecting more economy and efficiency in its method of production &# red redundancy N euirements of the enterprise N a position has become superfluous as an outcome of a number of factors such as overhiring of workers, decreased volume of business, dropping dropping of a particul particular ar product product line or service service activity activity previously previously manu manufac factur tured ed or undert undertake aken n by the enter enterpr prise ise T56S T56S /T 3$! 3$!7 %EQ6/%ES S60E%2!6/T7 $3T 60!/")T/3$ 32 ?3%C+ 9# retr retren ench chme ment nt N resorted primarily to avoid or minimiIe business losses N crit criter eria ia of who who to lay lay off off 1+ 1+ less less pref prefer erre red d stat status us (2) efficiency rating (3) seniority (4) performance N standards of retrenchment a# loss losses es e
.. ) fraction of at least A moths shall be considered as one year#

c# ackwage ackwagess- granted granted on grounds grounds of e>uity e>uity for earning earnings s which a worker worker has lost due to his illegal dismissal# full backwages are to be awarded to an illegally dismissed employee and and shou should ld not not be dimi dimini nish shed ed or redu reduce ced d by earn earnin ings gs deri derive ved d elsewhere

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LABOR LAW (STANDARDS AND RELATIONS) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 d# )ilment or disease disease other authoriIed authoriIed causes: causes: non-economic non-economic ground+ ground+ N when when his his cont contin inue ued d empl employ oyme ment nt is proh prohib ibit ited ed by law law or preudicial to his health or to the health of his co-employees N there is a certification certification by a competent competent public health authority that the disease is of such nature or at such stage that it cannot be cured within a period of A months even with proper medical treatment N SE0)%) SE0)%)T/3$ T/3$ 0) 0)7 : e>uivalent e>uivalent to at least 1 month salary salary or 18& month salary for every year of service, whichever is higher 

RETIREMENT PAY LAW (RA 1)  )# ?53 )%E EJE0TE: EJE0TE: N retail, service, agricultural establishments N operations employing not more than 1( employees or workers #

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C/$S: 1# 30T/3 30T/3$) $)! ! - A( years years old 8 * years years in service service inclu include des s authori authoriIed Ied abse absence nces8v s8vaca acatio tions8 ns8reg regula ularr holid holidays ays8ma 8mand ndato atory ry milita military ry or civic civic service+ &# "30 "306! 6!S3 S3% %7 - A* year years s old8 old8 rega regard rdle less ss or year years s of serv servic ice e company not bound to dismiss employee+ E$E2/TS: 18& month salary per year of service which shall include: 1# 1*-d 1*-day ay bas basic ic wag wage, e, plu plus s th &# 181& of the 19  month pay, plus 9# *-day *-day Servi Service ce incent incentive ive leave leave pay pay plus plus . a fraction of at least A mos# considered as one whole year  H# other other benefi benefits ts as maybe maybe agreed agreed upon upon by er and and ee

.. /$/6 N no# 1 L no# & L no# 9 F n < years of service N minimum only so employer must pay deficiency in case agreed amount be less than the above DISP+TE SETTLEMENT A?

L@o, Dis"3t% N incl includ udes es any any cont contro rove versy rsy or matt matter er conc concer erni ning ng term terms s or cond condit itio ions ns of employment employment or the association or representation of persons in negotiating, fi
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L@o, A,@it%,s8NLRC 1# D6%/S/"T/3$ F !abor )rbiter  $!%"  ") N "ases involving all workers, whether agricultural or non agricultural: a# 6!0 cases cases may includ include e claims claims for actual, actual, moral, moral, euestions involving the legality of strikes and lockouts f# E7/%"t claims E7/%"t claims for E", SSS, edicare and maternity benefits, all other claims arising from employer-employee relations, including those of perso persons ns on domes domestic tic or house househo hold ld servi service, ce, includ including ing an amoun amountt

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LABOR LAW (STANDARDS AND RELATIONS) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 euity shall not be controlling N it is the spirit and intention of this "ode which shall be used as reasonable means to ascertain the facts in each case N without regard to technicalities of law and procedure all in the interest of due process N parties may be represented by legal counsel but it shall be the duty of the "hairman, any presiding "ommissioner or commissioner or any labor arbiter to eues >uesti tion ons s of of law law d# raised raised serious serious errors errors in the finding findings s of facts which which could could cause cause grave or irreparable damage or inury to the appellant N )/T/3$)! %EQ6/%EE$T: in case of udgment involving a monetary award-employer appellant+ may perfect the appeal only upon the posting of a cash or surety bond issued by a reputable bonding company duly accredited by the $!%" in the amount amount e>uivale e>uivalent nt to the monetary monetary award in the udgment udgment appealed from # 3%E% 3%E% 32 %E/$ST %E/$ST)TEE$T TEE$T 32 !)3% !)3% )%/ )%/TE% TE% N self-e
&&

LABOR LAW (STANDARDS AND RELATIONS) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 '# 2/!/$; 2/!/$; 32 E3% E3%)$ )$6 6 32: 32:  )#  )00E)! N furnish other party within 1( calendar days   answer, then then within within &( calenda calendarr days days  decision by $!%", then within 1( calendar days  finality # E$23%"EE$T: N any law enforcement agency may be deputiIed by the Secretary of 3!E of the $!%" N issuance of writ of e
B3,%3 O L@o, R%#tions o original urisdiction: appeal to 3ffice of the Secretary o appellate urisdiction: appeal to "ourt of )ppeals 1# D6%/ D6%/S S/" /"T/ T/3$ 3$ a# /nte /nterr-un unio ion n confl conflic icts ts b# /ntr /ntraa-un unio ion n confl conflic icts ts c#  )ll disputes, grievances grievances or problems arising from or affecting affecting labormanagement relations in all workplaces EJ"E0T those arising from the implementation or interpretation of the ") which shall be the subect of grievance procedure and8or voluntary arbitration &# "30% "30%3/ 3/SE SE );%EE );%EEE E$TS $TS N if voluntarily agreed upon by the parties with the assistance of the !% or the regional office of 3!E  final and binding upon the parties N the only time $!%" or any courts can assume urisdiction over issues involved therein: a# in case case of non non-co -compl mplian iance ce there thereof  of  b# if ther there e is prim prima a faci facie e evid eviden ence ce that that the the sett settle leme ment nt was was obtained through fraud, misrepresentation or coercion 9# 03?E% 03?E% T3 /SS6E /SS6E S603 S603E$ E$) ) N when relevant to a labor dispute under its urisdiction either at the re>uest of any interested party or at its own initiative H# %E;/ST% %E;/ST%7 7 32 6$/3$S )$ 2/!/$; 2/!/$; 32 "3!!E"T/= "3!!E"T/=E E );%EE );%EEE$T E$TS S a# regi regist stry ry of !!3 !!3 b# file file of all ") and other other related related agreem agreement ents, s, records records of settlem settlemen entt of labor disputes, copies of orders, and decisions of voluntary arbitrators N open open and and acc acces essi sibl ble e to to int inter eres este ted d par parti ties es unde underr cond condit itio ions ns pres prescr crib ibed ed by the Secretary of 3!E, provided that no specific information submitted in confidence shall be disclosed 6$!ESS authoriIed by the Secretary 3% when it is at issue in any udicial litigation 3% when public interest or national security so re>uires N submitted within 9( cal calendar days from e
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LABOR LAW (STANDARDS AND RELATIONS) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001

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LABOR LAW (STANDARDS AND RELATIONS) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 S+MMARY OF +RISDICTION  ()

2&#.NT$R1 $R%ITR$ $R%ITR $T&R'  N supervised by $ational "onciliation and ediation oard $"+ N cases decided within &( calendar days, final within 1( calendar days 1# unresolved grievances grievances arising from the interpretation interpretation or implementation implementation of the ") EJ"E0T gross violation of the ") N unresolved within K cal days from submission to grievance machinery &# unres unresolv olved ed grieva grievance nces s arisin arising g from from the the interp interpre retat tation ion or enfor enforce cemen mentt of company personnel policies 9# upon agreeme agreement nt of parties parties F any dispute dispute

*)

0ED-$R%ITER'%#R  1# petition petition for for certifica certification tion electio election n %egiona %egionall irector+ irector+ &# registrat registration ion of ")8 ")8 !abor !abor 3rgan 3rganiIat iIation ion 9# inter-union conflicts representation representation issue8cancellation issue8cancellation of registration+ registration+ H# intra-uni intra-union on conflicts conflicts electio election n of officers8 officers8 complianc compliance e with "!+ *# all all disp disput utes es,, grie grieva vanc nces es,, or prob proble lems ms aris arisin ing g from from or affe affect ctin ing g labo laborr manag manageme ement nt relati relation ons s in all workp workplac laces es wheth whether er agric agricult ultura urall or nonnonagricultural EJ"E0T those arising from the implementation or interpretation of ")

#)

P&E$ N appeal to Secretary of 3!E within 1( calendar days 1# cancella cancellation tion88 revocation revocation88 supervisio supervision n of license or authorit authority y N appeal to $!%" within 1( calendar days &# violation violation of overs overseas eas employme employment nt contra contracts cts 9# disciplin disciplinary ary cases cases filed agains againstt overseas overseas contrac contractt workers workers N original and e
)

#$%&R $R%ITER'N#RC  N appeal within 1( calendar days 1# 6!0 6!0 pri prior ority ity  resolv resolved ed within within 9( calen calenda darr days days from from submis submissio sion n for decision+ &# term termin inat atio ion n dispu dispute tes s 9# claims claims for wages, wages, rates rates of pay, pay, hours of work work and other other terms and and condition conditions s of employment H# claims claims for actual, actual, moral, moral, eues >uestio tions ns involving the legality of strikes and lockouts A# all other other claims claims arisin arising g from from emplo employe yer-e r-emp mploy loyee ee relati relation onshi ship p involv involving ing an amount e
E)

RE/I&N$# DIRECT&R'  1# Secretary of 3!E  enforcement power inspection+ F no limit to claims &# adudicatory power  ma
ATTORNEYGS ATTORNEYGS FEES - 0roceeding for recovery of wages N may be assessed against monetary benefits awarded 1(4+ - ") negotiations

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LABOR LAW (STANDARDS AND RELATIONS) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 N charged against union funds in an amount to be agreed upon by parties

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LABOR LAW (STANDARDS AND RELATIONS) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 PRE'CRIPTI2E PERI&D'  6!0 3$E7 "!)/S 322E 322E$S $SE ES 6$ 6$E% E% !abo !aborr "od "ode e /!!E;)! /S/SS)!

1 year 9 years 9 yea years rs H years

 

PETITION FOR CERTIFICATION ELECTION  )# +&(!.E ES"(*/!S01E" 2w3 #*(4 ?hat ?hat:: veri verifi fied ed peti petiti tion on for for >ues >uesti tion onin ing g the the mao maori rity ty stat status us of the the incumbent bargaining agent ?hen ?hen filed filed:: w8 ") ") : within within the A( day perio period d bef before ore the euisite: written consent of at least &*4 of all employees in the bargaining unit N under the law, law, &*4 is not a re>uisite, but makes makes conduct of of a "E mandatory if submitted N under the rules, &*4 is a re>uisite, absence of such is a ground for dismissal of the petition# # 5+&(!.E ES"(*/!S01E" 2no #*(4 1+ petition petition by a legitimat legitimate e labor labor organiIa organiIation tion no no &*4 &*4 re>uireme re>uirement+ nt+ &+ employer employer when when re>ue re>uested sted to to bargain bargain collec collectivel tively y C%,tii/tion C%,tii/tion %#%/tion %e>uirement for valid election -- maority of all eligible voters cast their votes 6nion to be certified -- labor union receiving maority of the valid votes cast Procedure: Petition with  decided w3in 67  file appeal appeal w3 &eg8l +fc +fc but   days to decide; eci1ed-(rbiter working days it is Secretary who decides sion final < unappealable • •

0etition where no ") : anytime E7/%"t E7/%"t  - within 1 yr# 2rom date of issuance of a final certification election result - after bargaining deadlock has been submitted to which an incumbent bargaining agent is a party+ to conciliation8arbitration or became subect of valid notice to strike or lockout R3no %#%/tion within * calendar days from close of election+ 9 or more choices o results of election - no choice received maority of valid votes cast o total R of votes for all contending unions at least *(4 of total votes cast T56S: conducted between labor unions receiving the & highest number of votes 0resumption: valid election, i#e# maority of eligible voters voted Cond3/t O C%,tii/tion E#%/tion notice of at least * working days before actual date & most conspicuous place+ election proper  - any party in interest may protest to be recorded in the minutes, otherwise, it is deemed waived 0rotests must be formaliIed with ed-)rbiter within * days from close of election proceedings+ /f no protest, election officer proclaims and certifies results

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LABOR LAW (STANDARDS AND RELATIONS) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 ?hen a protest is perfected or any ed-)rbiter can proclaim and certify the challenge or eligibility issue raised, only the winner within within &( working days from filing

Cont%nts o Noti/% * 1 date of election & names of contending parties 9 description of bargaining unit H list of eligible voters • • •

all employees in bargaining unit can vote "5)!!E$;E: before employees cast vote  )bstention not valid vote vote

Fo3, () B,s to 4o#din.  C%,tii/tion E#%/tion*

1+

/%,tii/tion $%,  -- w8in 1 yr# yr# from issuance issuance of a final certifica certification tion election election result Exception: Exception: unusual circumstances e
&+

d%d#o/ @, ,3#% -,3#%  -- during the e
9+

H+

/ont,/t@, /ont,/t@, ,3#% -,3#% -- during the e
B,.inin. R%",%s%ntti% -R%",%s%ntti%  -- !!3 or any duly authoriIed authoriIed officer or agent of such organiIation organiIation whether or not employed by the employer  C%,tii/tion E#%/tion -- process of determining, through secret ballot, the sole and e
&

LABOR LAW (STANDARDS AND RELATIONS) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 maority of valid votes cast, where the total number of votes for all contending contending unions is at least *(4 of the number of votes cast

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LABOR LAW (STANDARDS AND RELATIONS) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 O,.ni5% O,.ni5%d d Est@#is Est@#is4!% 4!%nt nt -- a firm firm or compan company y where where there there is a recog recogniI niIed ed or certif certified ied euested to bargain collectively W4%n i#%d a+

b+

absence of ") duly-registered -- any time E7/%"t: E7/%"t : certification year-rule not w8in 1 year from issuance of final "#E# result+ deadlock bar rule submitted to concil conciliat iation ion8ar 8arbit bitrat ration ion 3% had becom become e the the subec subectt of a valid valid notice of strike8lockout with a ") duly-registered -- during the freedom period

2H s3""o,t

BAR&AININ& NE&OTIATIONS %e>uest to argain by union FG "ounter-0roposal w8in 1( calendar days or reasonable period of time RE/I'TR$TI&N &F C%$ 5IT! %IR RE/I&N$# &FFICE  -- * copies within 9( calendar days from e
") "ompany 0ersonnel 0olicies

 any person accredited by the $" as such or any person named or designated in the ")

by the parties to act as their voluntary arbitrator   one chosen with or without the assistance of the $" pursuant to a selection procedure agreed upon in the ") or any official that may be authoriIed by the Secretary of !abor and Employment t act as voluntary arbitrator upon the written re>uest and agreement of the parties to a labor dispute# 0owers: 

holds hearings  receive audience  take whatever action is necessary to resolve the issue subect of the dispute 0rocedure: 

all parties entitled to attend proceedings  adournment for cause or upon agreement of the parties 

decision within &( calendar days from submission  final8e
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LABOR LAW (STANDARDS AND RELATIONS) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 "ost: 

proportionate sharing scheme in the ")  fiually by parties unless agreed otherwise Special =oluntary )rbitration 2und  administered by the $"  amount of subsidy in appropriate cases shall e determined by the $" upon recommendation of the "ouncil !abor-anagement "ommittee  no !!3 eual voting rights representations of labor   organiIed -- designated by the "ollective bargaining agents in the bargaining unit  unorganiIed -- elected by at least a maority of all rank and file employees who have rendered at least A months of continuous service P,od3/tiit$ In/%nti%s P,o.,! contains provisions for the manner of sharing and the factors in determining productivity bonuses productivity granted ,18& percentage increase in the productivity of the business enterprise+ grant granted ed salary salary bonu bonuses ses F increa increase ses s in curren currentt produ producti ctivit vity y over over the the averag average e for for the the preceding 9 consecutive years entitles employer to special deduction from gross income e>uivalent of *(4 of the total allowable ordinary and necessary business deductions for said bonuses under the $/%" St,i% : St,i%  : any temporary stoppage of work by concerted action of employees as a result of an industrial labor dispute : not a strike: mass resignation Lo/o3t * temporary refusal of an employer to furnish work as a result of an industrial or labor dispute Int%,n# +nion Dis"3t% Dis"3t% - includes all disputes or grievances arising from any violation of or disagreement over any provision of the constitution and by-laws of a union, including any violation of the rights and conditions of union member ship provided for in this "ode St,i% St,i% B,%%, B,%%,  any person who obstructs, impedes, or interferes with by force, violence, coercion coercion,, threats, threats, or intimidat intimidation, ion, any peacefu peacefull picketing picketing by employe employees es

91

LABOR LAW (STANDARDS AND RELATIONS) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 during any labor controversy affecting wages, hours, and conditions of work or in the e
1# $3T/"E 32 ST%/CE : argaining argaining deadlocks deadlocks ----------  6!0 ----------

"ooling off period 9( days 1* days  ispensed with if duly elected officer of union is

dismissed such as to constitute union busting  uty of 3!E to e
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LABOR LAW (STANDARDS AND RELATIONS) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Effect : automatically enoins the intended on impending strike or lockout but if one has already taken place, all striking or locked out employees shall immediately return to work and the employer shall immediately resume operations and re-admit all workers under the same terms and conditions prevailing before the strike or lock-out 6)

1andatory: 2w 2within 6= 6= ho hours4 N /n labor disputes adversely affecting the continued operation of hospitals, clinics, or medical institutions  uty of striking union or locking out employer to provide and maintain an effective skeletal skeletal workforce workforce of medical medical and other health health personn personnel, el, where where movement movement and service shall be unhampered and unrestricted as are necessary to insure the proper and and ade>u ade>uat ate e protec protectio tion n of the the life life and and healt health h of its patien patients ts most most especi especiall ally y emergency cases for the duration of the strike or lock-out

.0resident of the 0/ : may determine the industries, which are in his opinion indispensable to national interest# 5e may intervene at any time and assume urisdiction over any such labor dispute in order to settler or terminate the same .ecision of the 0resident, Secretary of labor, $!%" FG final and e
99

LABOR LAW (STANDARDS AND RELATIONS) MEMORY AID :

ATENEO CENTRAL BAR OPERATIONS 2001 in case of commission of a crime

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LABOR LAW (STANDARDS AND RELATIONS) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 5!E/!ES %+& "0E #+5#" +% "0E !P3(%P PE&S+E/ 5&! S"&!>ES3/+#>+5" ( /(*+" !SP5"ES ! EE&(/  /nvolvement limited to the :

a+ b+ c+

maintenance of peace and order   enforc force emen ment of of law laws s an and le legal ord orde er of of du duly constit stitu uted au authori horitties ies performance of special functions as maybe provided by law

1+ elements of the 0olice 2orce 2orce should should first be called upon to to render render assistance assistance &+ when when it is unava unavaila ilable ble or inade inade>u >uate ate,, ")0"3 ")0"3 or ET%3 ET%3/S /S"3 "3  may call upon the "onstabulary to render assistance 9+ pers person onne nell from from the the army army,, $avy $avy,, or )ir 2orc 2orce e only only when when dire direct cted ed by the the 0res 0resid iden entt or personally by the Secretary of $ational efense upon consultation with the Secretary of !abor and Employment or when re>uested by the latter# .0ersonnel related by affinity or consanguinity within the H th civil degree to any official8leader of the parties in the controversy or has any financial or pecuniary interest therein - not allowed to render services in connection with a strike or lock-out 0E)"E-CEE0/$; ET)/! personnel detailed shall be in uniform, with proper namecloth at all times, personnel shall observe strict neutrality in his dealings with both parties to the controversy stationed such that their presence may deter the commission of criminal acts from either side maintain themselves outside a *( meter radius from the picket line e
•

•

 )%%ESTS8SE)%"5ES  )%%ESTS8SE)%"5ES )$ SE/U6%ES SE/U6%ES effected only on the basis of an e
•

Service of 3!E, "ourt or !awful 3rders8?rits primary concern of the 3!E representatives, sheriff, representative of the govt# agency issuing the order respectively role of the )208/$0 is only supportive •

•

 )dministrative  )dministrative Durisdiction Durisdiction determination of whether a strike, picket or lock-out is legal or not should be left to 3!E personal escort only upon direction of competent authority other party shall be informed accordingly all escorts shall be in uniform at all times •

• • •

SocialiIing8!iaison discouraged from socialiIing with any of the parties involved during the pendency shall not, under any prete
 )dministrative  )dministrative )ction all complaints8reports leveled against any personnel of the /$08)20 on the occasion of strike8lock-out shall be acted with dispatch •

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LABOR LAW (STANDARDS AND RELATIONS) MEMORY AID •

ATENEO CENTRAL BAR OPERATIONS 2001 whenever applicable, and if the evidence so warrants, appropriate disciplinary action shall be takes against the erring personnel