Law on Labor Relations and Negotiations Quiz PDF

**LAW ON LABOR RELATIONS AND NEGOTIATIONS SEPTEMBER 29, 2024** **QUIZ NO.1** **1. DEFINE LABOR ORGANIZATION.** **A labor organization (or labor union) is an association of employees created for the purpose of collective bargaining or dealing with employers concerning terms and conditions of emplo...

**LAW ON LABOR RELATIONS AND NEGOTIATIONS SEPTEMBER 29, 2024** **QUIZ NO.1** **1. DEFINE LABOR ORGANIZATION.** **A labor organization (or labor union) is an association of employees created for the purpose of collective bargaining or dealing with employers concerning terms and conditions of employment.** **2. WHAT ARE THE KINDS OF LABOR ORGANIZATION?** **Kinds of Labor Organizations (Unions)** **(1) Local Union A local union is a labor organization operating at the enterprise level.** **(2) National Union or Federation A national union or federation is a labor organization with at least 10 local chapters or affiliates, each of which must be a collective bargaining agent.** **(3) Independent Union - An independent union is a labor organization operating at the enterprise level that acquired legal personality through independent registration2 and is not affiliated with a national union or federation.** **(4) Local Chapter or Chartered Local A local chapter or chartered local is a labor organization without an independent registration whose legal personality is derived from its mother union or federation.** **(5) Affiliate An affiliate is an independently registered union attached to a national union or federation.** **(6) Industrial Union. An industrial union is a labor organization composed of workers in a particular industry.** **(7) Craft Union. A craft union is a labor organization composed of workers engaged in a particular trade or occupation of a kind that requires skill and training.** **(8) Company-Type Union - A company-type union is a labor organization composed of employees in the same company.** **(9) Company Union A company union is a labor organization, the formation of which has been assisted by any act defined as unfair labor practice.** **(10) Trade Union Center A trade union center is a group of registered national unions or federations organized for the purpose of giving mutual aid and protection of its members, assisting its members in collective bargaining or in formulating social and employment policies, standards, and programs.** **3. WHAT ARE THE DISTINCTIONS BETWEEN LABOR ORGANIZATION AND WORKER'S ASSOCITATION?** **Distinction Between Labor Organization and Workers\' Association** A. **A labor organization is intended for collective bargaining purposes, while a workers\' organization is intended for mutual aid and protection of its members or for any other legitimate purpose other than collective bargaining."** B. **Thus, all kinds of employees in any type of establishment can form or join a workers\' association, but not all kinds of employees can form or join a labor organization.** ** ** **4. WHO ARE QUALIFIED TO FORM OR JOIN A LABOR ORGANIZATION?** **Who are qualified to form or join a labor organization?** **The right to form, join, or assist in the formation of a labor organization is available only to:** **(1) Rank-and-File employees; and** **(2) Supervisory employees.** **Supervisory employees are those who, in the interest of the employer can effectively recommend managerial actions, such as discipline laying down and execution of management policies or the hiring, transfer, suspension, lay-off, recall, discharge, assign, or employees.\"** **5. WHAT IS THE POINT TO CONSIDER IN DETERMINING WHETHER AN EMPLOYEE HOLDS SUPERVISORY POSITION?** **In determining whether an employee holds a supervisory position, the point to consider is [not the title of his position but whether the employee has the power to effectively recommend the laying down and execution of management policies, i]ncluding personnel movement. If the power is merely routinary or clerical in nature, the position is not supervisory.** ** ** **6. CAN SUPERVISORY EMPLOYEES AND RANK-FILE EMPLOYEES LUMP INTO A SINGLE UNION? EXPLAIN.** **Supervisory Employees and Rank-and-File Employees Cannot Lump Into a Single Union** **While supervisory employees and rank-and-file employees are accorded the right to form or join a labor organization, they cannot lump together into a single union they should form their own separate organization.** **XXX** **\"ART. 255. Ineligibility of Managerial Employees to Join Any Labor Organization; Right of Supervisory Employees --** **xxx Supervisory employees shall not be eligible for membership in collective bargaining unit of the rank-and-file employees, but may join, assist or form separate collective bargaining units and/or legitimate labor organizations of their own. xxx\" \[emphasis supplied\]** **The reason for the segregation is the difference in their interests.** **In the area of collective bargaining, their interests are not identical.** **In the implementation of disciplinary rules or policies, supervisors act contrary to the interests of the rank-and-file whenever they recommend implementation of management policy or whenever they ask for the discipline or dismissal of subordinates."** **If supervisory and rank-and-file employees are allowed to form a single union, the conflicting interests of these groups will adversely affect discipline, because the supervisors might refuse to carry out disciplinary, measures against their co-member rank-and-file employees.14** **7. CAN SUPERVISORY UNION AND RANK-FILE UNION JOIN THE SAME FEDERATION? GIVE YOUR BASIS.** **Supervisory Union and Rank-and-File Union Can Join the Same Federation** **While supervisory employees and rank-and-file employees in the same establishment cannot form a single union, the supervisory union and the rank-and-file union can validly affiliate with the same federation.** **\"ART. 255. Ineligibility of Managerial Employees to Join Any Labor Organization; Right of Supervisory Employees The rank-and-file union and the supervisors\' union operating within the same establishment may join the same federation or national union.\"** ** ** **8. ARE SECURITY GUARDS ALLOWED TO FORM OR JOIN LABOR ORGANIZATION? EXPLAIN.** **Security Guards** **Security guards can form or join a labor organization. They may join the rank-and-file union or the supervisory union, depending on their rank.** **9. ARE ALIEN EMPLOYEES ALLOWED TO FORM OR JOIN LABOR ORGANIZATION? GIVE YOUR BASIS.** **Alien Employees** **Alien employees can form or join a labor organization under the following conditions:** **(1) they have valid working permits; and** **(2) their country grants the same or similar rights to Filipino workers as certified by the Department of Foreign Affairs.** **\"ART. 284. Prohibition Against Aliens; Exceptions. --** **All aliens, natural, or juridical, as well as foreign organizations are strictly prohibited from engaging directly or indirectly in all forms of trade union activities without prejudice to normal contacts between Philippine labor unions and recognized international labor centers:** **Provided, however, That aliens working in the country with valid permits issued by the Department of Labor and Employment, may exercise the right to self- organization and join or assist labor organizations of their own choosing for purposes of collective bargaining;** **Provided, further, That said aliens are nationals of a country which grants the same or similar rights to Filipino workers.\" \[emphasis supplied\]** **10. WHEN AN EMPLOYEE QUALIFIES FOR UNION MEMBERSHIP? GIVE YOUR BASIS.** **When an Employee Qualifies for Union Membership** **An employee is eligible to join a labor organization on the first day of his employment. This could be gleaned from Article 292(c) of the Labor Code which provides as follows:** **\"ART. 292. Miscellaneous Provisions** **xxx (c) Any employee, whether employed for a definite period or not, shall, beginning on his first day of service, be considered an employee for purposes of membership in any labor union.\"** ** ** **Who are disqualified from forming or joining a labor organization?** **The following are disqualified to form, join or assist in the formation of a labor organization:** **(1) Managerial employees;** **(2) Confidential employees who have access to labor relations matters;** **(3) Employees-members of cooperatives;** **(4) Government employees;** **(5) Employees of government-owned or controlled corporations with original charters; and** **(6) Workers who are ambulant, intermittent, itinerant and those without definite employers.** ** ** **11. IS IT CONSTITUTIONAL TO DISQUALIFY THE AFOREMENTIONED EMPLOYEE IN NO.11? EXPLAIN.** **Constitutionality of the Disqualification** **The disqualification of the aforementioned employees is not unconstitutional.** **It does not violate of the constitutional right to self-organization because the disqualification is only with regard to organizing or joining a labor organization, i.e., for collective bargaining purposes.** **It does not prohibit them from forming an association for their mutual aid and protection.** **12. DEFINE MANAGERIAL EMPLOYEES.** **Managerial Employees** **Managerial employees are those vested with powers or prerogatives to lay down and execute management policies and/or hire, transfer, suspend, lay-off, recall, discharge, assign or discipline employees.** **The managerial status of an employee is determined not by the nomenclature or title of the job but by the nature of the employee\'s functions.** **13. WHAT IS THE POINT TO CONSIDER TO DETERMINE A MANAGERIAL EMPLOYEES?** **The point to consider is whether the employee possesses authority to act in the interest of his employer on his independent judgment. Thus, the mere fact that an employee is designated as \"manager\" does not ipso facto make him one. The designation should be reconciled with the actual job description of the employee, for it is the job description that determines the nature of employment** **14. WHAT IS THE REASON FOR DISQUALIFYING MANAGERIAL EMPLOYEES TO FORM OR JOIN LABOR ORGANIZATION?** **Managerial Employees** **The reason for disqualifying managerial employees is the evident conflict of interest brought about by the nature of their position. If managerial employees are allowed to form or join a labor union, the employer might not be assured of their loyalty. Moreover, the union can also become company-dominated with the presence of managerial employees.** ** ** **15.ARE ALL CONFIDENTIAL EMPLOYEES DISQUALIFIED FROM FORMING OR JOING A LABOR ORGANIZATION.EXPLAIN.** **Confidential Employees** **Not all confidential employees are disqualified from forming or joining a labor organization. Only those who have access to labor relations information are disqualified. Employees who have access to information which is confidential from the business standpoint, such as financial information or technical trade secrets, are not disqualified from forming or joining a labor union.** **The reason behind the disqualification is the potential conflict of interest. If confidential employees who have access to labor relations information are allowed to unionize, they could be governed by their own motives rather than the interest of the employers.** **It is not far-fetched that in the course of collective bargaining, they might jeopardize that interest which they are duty-bound to protect.** **Confidential Employees** **Along the same line of reasoning, confidential employees may become the source of undue advantage because said employees may act as spies of either party to a collective bargaining agreement.** **It is true that Article 255 of the Labor Code does not directly prohibit employees who have access to confidential labor relations information from joining, forming or assisting in the formation of a labor organization.** **Nevertheless, they are disqualified under the doctrine of necessary implication.31 Applying this doctrine, the disqualification accorded to managerial employees equally applies to confidential employees because in the normal course of their duties they become aware of management policies relating to labor relations. 32** ** ** **16.ARE ALL EMPLOYEES OF COOPERATIVES DISQUALIFIED FROM FORMING OR JOING A LABOR ORGANIZATION.EXPLAIN.** **Employees-Members of Cooperatives** **To fall within the disqualification, the employee must at the same time be a member of the cooperative. The disqualification does not extend to employees who are not members of the cooperative.** **The reason for the disqualification is because the members are co-owners of the cooperative. Since, they are co-owners, they cannot bargain with themselves.** **17. WHY GOVERNMENT EMPLOYEES DISQUALFIED FROM FORMING OR JOINING A LABOR ORG? GIVE YOUR BASIS.** **Government Employees** **Government employees are disqualified from forming or joining a labor organization because the terms and conditions of government employment are fixed by law. Such being the case, only Congress can prescribe or modify the terms and conditions of their employment.** **\"ART. 291. Government Employees. The terms and conditions of employment of all government employees, xxx, shall be governed by the Civil Service Law, rules and regulations. Their salaries shall be standardized by the National Assembly as provided for in the New Constitution. xxx.\" \[emphasis supplied\]** ** ** **18. ARE EMPLOYEES OF GOCC DISQUALIFIED FROM FORMING OR JOINING A LABOR ORG? GIVE YOUR BASIS.** **Employees of Government-Owned or Controlled Corporations** 1. **Employees of government-owned and controlled corporations with original charters cannot form, join or assist in the formation of a labor organization because they are governed by the civil service law.** **\"ART. 291. Government Employees. conditions of employment of all xxx employees of government- owned and controlled corporations, shall be governed by the Civil Service Law, rules and regulations. Their salaries shall be standardized by the National Assembly as provided for in the New Constitution. xxx.\" \[emphasis supplied\]** ** ** **\"ART. 254. Right of Employees in the Public Service Employees of government corporations established under the Corporation Code shall have the right to organize and to bargain collectively with their respective employers. xxx"** **19.ARE AMBULANT, INTERMITTENT, ITINERANT AND SELF EMPLOYED ALLOWED TO FORM A LABOR ORG? EXPLAIN.** **Ambulant, Intermittent, Itinerant and Self-Employed Workers** **Ambulant, intermittent, itinerant workers, self-employed people, rural workers and those without any definite employers cannot form a labor organization because collective bargaining is not feasible for these types of employees.\"** **20. IS IT NECESSARY FOR UNION TO REGISTER TO BECOME A LEGITIMATE LABOR ORGANIZATIONS? EXPLAIN.** **Why Registration is Necessary** **Registration is necessary for the union to become a legitimate labor organization. As defined by law, a legitimate labor organization is a union or any branch or local thereof duly ®️ with the Department of Labor and Employment.** **The registration should be with the Department of Labor and Employment. Therefore, even if a union is organized as a corporation, it does not become a legitimate labor organization.39 Incorporation merely gives it juridical personality before the regular courts, but it does not entitle such union to enjoy the rights and privileges accorded by law to legitimate labor organizations. It is the registration with the Department of Labor and Employment that will make a labor union a \"legitimate labor organization.\"** **21. WHAT ARE THE IMPORTANCE OF REGISTRATION OF LABOR ORGANIZATIONS?** **Registration protects both labor and public against abuses, fraud or impostors who pose as organizers, although not truly ac- credited agents of the union they purport to represent."** **Registration affords a measure of protection to unsuspecting employees who may be lured into joining fly-by-night unions whose sole purpose is to control union funds or use the labor organization for illegitimate ends.** **22. IS IT CONSTITUTIONAL TO REQUIRE A LABOR ORGANIZATION TO REGISTER? EXPLAIN.** **Constitutionality of the Registration Requirement** **The law requiring the registration of labor organizations is not unconstitutional. It is a valid exercise of the police power, considering that the activities in which labor organizations are engaged, directly affects the public interest. The registration requirement does not curtail the right of assembly or association because the right of assembly or association can be exercised with or without registration.\"** **23. ENUMERATE THE DOCUMENTS THAT SHOULD ACCOMPANY THE APPLICATION OF REGISTRATION OF LABOR ORG.** **Registration Procedure for Independent Unions** **To register an independent labor organization, an application for registration should be filed with the DOLE Regional Office where the applicant principally operates. The application for registration should be accompanied by the following documents:** **(1) Statement indicating:** **(a) the name and principal address of the labor union;** **(b) the names and addresses of its officers;** **(c) number of employees in the bargaining unit.** **(d) that it is not reported as a local chapter of any federation.** **(2) Minutes of the organizational meeting;** **(3) List of employees who participated in the organizational meeting;** **4) Annual financial reports, if the federation or national union has been in existence for at least one (1) year;** **(5) Constitution and by-laws, minutes of its adoption or ratification, and the list of the participant-members;** **(6) Resolution of affiliation of at least ten (10) legitimate labor organizations, whether independent unions or chartered locals, each of which must be a duly certified or recognized bargaining agent in the establishment where it seeks to operate; and** **(7) Proof of payment of registration fee.46** **UNFAIR LABOR PRACTICE 2** **THE RIGHT TO SELF-ORGANIZATION** **24. WHAT IS THE MEANING OF THE RIGHT TO SELF ORGANIZATION?** **Meaning of the Right to Self-Organization** **The right to self-organization is the entitlement given to all employees to form, join, or assist in the formation of a labor union or workers\' association.** **25. WHO ARE ACCORDED THE RIGHT TO SELF-ORGANIZATION? GIVE YOUR BASIS.** **Who are accorded the right to self-organization?** **The right to self-organization is accorded to all kinds of employees who are working in any type of establishment, whether commercial, industrial, agricultural, religious, charitable, medical, or educational institutions, operating for profit or not.** **\"ART. 253. 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 their mutual aid and protection.\"** **26. STATE THE CONSTITUTIONAL BASIS OF THE RIGHT TO SELF-ORGANIZATION.** **Constitutional Basis of the Right** **The constitutional basis of the right to self-organization is enshrined in Section 8, Article III of the Constitution which reads as follows:** **\"Sec. 8. The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.\"** **27. WHAT ARE THE IMPLICATIONS OF THE RIGHT TO SELF-ORGANIZATION?** **Implications of the Right to Self-Organization** **The right of employees to self-organization carries with it the right:** **(1) to abstain from joining a union;** **(2)to choose which union he would join;\" and** **(3) to cancel his membership with the union.\"** **However, the right to abstain from joining a union as well as the right to resign from the union or to choose which union to join, cannot be exercised when the union and the employer have agreed** **on a union security arrangement.** **28.DEFINE A UNION SECURITY AGREEMENT.** **Union security agreement is a stipulation in a collective bargaining agreement (CBA) which requires employees covered by the collective bargaining unit to join the contracting union and maintain their union membership in good standing as a condition for continued employment.** **29.DEFINE CLOSED SHOP AGREEMENT.** **(1) Closed Shop - Closed shop is an agreement whereby the employer binds himself to hire members of the contracting union only who must maintain their union membership in good standing to keep their jobs.** **30. DEFINE UNION SHOP AGREEMENT.** **(2) Union Shop - Union shop is an agreement whereby an employer can hire non-members of the contracting union on condition that they should join the contracting union within a specified period and maintain their union membership in good standing to keep their jobs.** **31.DEFINE MAINTENANCE OF MEMBERSHIP AGREEMENT.** **(3) Maintenance of Membership - Maintenance of member- ship is an agreement which requires those who are members of the contracting union at the time of the execution of the CBA to maintain their membership in good standing during the lifetime of the CBA as a condition of continued employment.** **32.DEFINE PREFERENTIAL HIRING AGREEMENT.** **(4) Preferential Hiring Preferential hiring is arrangement whereby the members of the contracting union are given preference in engagement, all circumstances being equal, and for them to maintain their membership in good standing during the lifetime of the CBA as a condition of continued employment.** **33.DEFINE AGENCY SHOP AGREEMENT.** **(5) Agency Shop-Agency shop is an agreement which does not require union membership but only support from the employees within the bargaining unit in the form of agency fees. It is authorized by Article 259(e) of the Labor Code which provides that:** **XXX** **\"ART. 259. Unfair Labor Practices of Employers (e) xxx Employees of an appropriate collective bargaining unit who are not members of the recognized collective bargaining agent may be assessed a reasonable fee equivalent to the dues and other fees paid by members of the recognized collective bargaining agent, if such non-union members accept the benefits under the collective agreement:** **Provided, That the individual authorization required under Article 242 (now Art. 250), paragraph (o) of this Code shall not apply to the non-members of the recognized collective bargaining agent;\" \[emphasis supplied\]** **34.WHAT IS THE EFFECT OF UNION SECURITY AGREEMENT?** **Effect of Union Security Agreement** **If there is a union security agreement, the employee must join the contracting union and maintain his membership in good standing to retain his employment. He can resign from the union only during the freedom period, i.e., within the 60-day period prior to the expiration of the CBA, otherwise, he would be subject to dismissal** **35.WHAT IS THE VALIDITY OF UNION SECURITY AGREEMENT? GIVE YOUR BASIS.** **Validity of Union Security Agreements** **Union security agreements are valid and legal. It is authorized by Article 259(e) of the Labor Code which provides that:** **-** **XXX** **\"ART. 259. Unfair Labor Practices of Employers (e) xxx Nothing in this Code or in any other law shall stop the parties from requiring membership in a recognized collective bargaining agent as a condition for employment, except those employees who are already members of another union at the time of the signing of the collective bargaining agreement.\"** **36.WHAT ARE THE LIMITATIONS ON THE APPLICABILITY OF UNION SECURITY AGREEMENT?** **Limitations on the Applicability of Union Security Agreements** **Union security agreements cannot be enforced against** **(1) who are already members of another union at the employees: time of the signing of the CBA;** **(2)who were refused admission by the union itself without any reasonable ground therefor; and** **(3)who are members of religious sects which prohibit their members from joining a labor organization.** **Employees who are already members of another union at the time of the signing of the CBA cannot be forced to join the contracting union, even if the CBA provides for a union security agreement. This could be gleaned from Article 259(e) of the Labor Code, the pertinent portion of which reads as follows:** **\"ART. 259. Unfair Labor Practices of Employers** **XXX** **(e) xxx Nothing in this Code or in any other law shall stop the parties from requiring membership in a recognized collective bargaining agent as a condition for employment, except those employees who are already members of another union at the time of the signing of the collective bargaining agreement. xxx" \[emphasis supplied\]** **37. DISCUSS THE CASE OF SALUNGA VS. CIR? GIVE THE FACTS AND DECISION AND EXPLANATION OF THE SC.** **In the case of [Salunga v. CIR],5 one of the union members resigned from the union, hence the union recommended (to the employer) his dismissal from employment pursuant to the union security agreement. Realizing that his resignation from the union will result in his dismissal, the employee withdrew his resignation and re- applied for union membership.** **However, the Union refused to take him back because of his critical attitude towards certain measures taken by the union. Instead, the Union pressed for his dismissal pursuant to the union security agreement.** **The employer was left with no alternative except to dismiss the employee in compliance with the union security agreement.** **The Supreme Court held that the Union cannot validly invoke the closed-shop agreement to justify the dismissal of the employee whom it refused to re-admit as member.** **Employees who are members of a religious sect which prohibits** **membership in a labor organization cannot be forced to join the contracting union even if the CBA provides for a union security agreement.** **The reason is because in the hierarchy of rights, free exercise of religious belief is superior to contract rights. Thus, the union cannot invoke the union security agreement to justify the dismissal of an employee who refused to join the union or who resigned from the union on religious grounds.** **38.** **DISCUSS THE CASE OF VICTORIANO VS. ELIZALDE ROPE WORKERS UNION. GIVE THE FACTS AND DECISION AND EXPLANATION OF THE SC.** **In the case of [Victoriano v. Elizalde Rope Workers Union],** **a member of the Iglesia Ni Cristo religion refused to join the union, hence, the Union requested the Company to dismiss the employee pursuant to the closed-shop stipulation in the CBA.** **The employee filed a complaint for injunction to restrain his dismissal.** **The Supreme Court held that injunction will properly lie, because members of religious sects which prohibit its followers from joining a union cannot be compelled to join the union even in the presence of a union security agreement.** **It must be noted, however, that although the Iglesia ni Cristo religion forbids its members from forming or joining a labor union, said members are not legally barred from joining a union or forming their own union.\"** **They can even vote in a certification election, as long as they are covered by the collective bargaining unit.** **The term \"unfair labor practice\" does not refer to every unfair act or decision of an employer. It refers only to those acts listed in Articles 259 and 260 of the Labor Code.** **39. WHAT IS THE ESSENCE OF UNFAIR LABOR PRACTICE? GIVE YOUR BASIS.** **The Essence of Unfair Labor Practice** **Unfair labor practices are acts that violate the right of employees to self-organization. Without this element of "self-organization,\"the acts, no matter how unfair, cannot be considered as unfair labor** **practices.\"** **\"ART. 258. Concept of Unfair Labor Practice and Procedure for Prosecution Thereof violate the constitutional right of workers and employees to are inimical to the legitimate interests of both labor and management, including their right to bargain collectively and otherwise deal with each other in an atmosphere of freedom and mutual respect, disrupt industrial peace and hinder the promotion of healthy and stable labor-management relations.\" \[emphasis supplied\]** **Thus, an employer does not commit unfair labor practice if it closes a department due to continued losses, even if it results in the termination of union members.** **The reason is because the motive for the closure has nothing to do with the right to self-organization.** **Likewise, an employer does not commit unfair labor practice if it exacts a promise from the strikers who are returning to work, not to destroy company property or commit acts of reprisal against union members who did not join the strike.** **The reason is because it has nothing to do with self-organization because the employer\'s act was intended to ensure peace and order in the company premises.** **Similarly, an employer does not commit unfair labor practice if it dismisses a supervisor for organizing a labor organization composed of men under his supervision.** **A supervisor cannot organize a union composed of men under his supervision in view of the conflict of interest involved.** **40.** **DISCUSS THE CASE OF FORTICH VS. CIR. GIVE THE FACTS AND DECISION AND EXPLANATION OF THE SC.** **In the case of Fortich v. CIR,14 the employer dismissed the plant superintendent because he organized a union composed of workers under his supervision.** **The plant superinten- dent filed a complaint for unfair labor practice in the ground that his dismissal was motivated by his active participation in the formation of a union.** **The Supreme Court held that no unfair labor practice was committed, because the plant superintendent cannot lawfully organize a labor union composed of employees under his supervision.** **41.AGAINST WHOM CAN UNFAIR LABOR PRACTICE BE COMMITTED?** **Against whom can unfair labor practice be committed?** **Unfair labor practices can be committed only against an employee who exercises or has exercised his right to self-organization.** **42. AGAINST WHOM CAN UNFAIR LABOR PRACTICE CANNOT BE COMMITTED?** **It cannot be committed against an employee who is not connected with any labor organization.** **Neither can it be committed against employee who has not attempted to join a labor organization. Nor can it be committed against an employee who has not assisted or contributed to the formation of a labor organization.** **Under this principle, unfair labor practices cannot be committed against employees who are disqualified from forming or joining a labor organization, like managerial employees or confidential employees who have access to labor relations information** **43.WHAT IS THE NATURE OF UNFAIR LABOR PRACTICE? GIVE YOUR BASIS.** **Nature of Unfair Labor Practice** **Unfair labor practices are not only violations of the civil rights of both labor and management --- they are also criminal offenses against the State.** **\"ART. 258. Concept of Unfair Labor Practice and Procedure for Prosecution Thereof --- xxx unfair labor practices are not only violations of the civil rights of both labor and management but are also criminal offenses against the State which shall be subject to prosecution and punishment as herein provided.\" \[emphasis supplied\]** **44.WHO ARE CRIMINALLY LIABLE FOR UNFAIR LABOR PRACTICE? GIVE YOUR BASIS.** **Who are criminally liable for unfair labor practice?** **Only the officers or agents of the business entity and the union officers, members, or agents who have participated in, authorized or ratified the unfair labor practice are criminally liable.** **\"ART. 259. Unfair Labor Practices of Employers - xxx The provision of the preceding paragraph notwithstanding, only the officers and agents of corporations, associations or partnerships who have actually participated in, authorized or ratified unfair labor practice shall be held criminally liable.\"** **\"ART. 260. Unfair Labor Practices of Labor Organizations** **The provisions of the preceding paragraph notwithstanding, only the officers, members of governing boards, representatives or agents or members of labor organizations who have actually participated in, authorized or ratified unfair labor practices shall be held criminally liable.\"** **45. CAN A CRIMINAL ASPECT OF UNFAIR LABOR PRACTICE BE FILED PENDING ADMINISTRATIVE PROCEEDINGS? GIVE YOUR BASIS.** **Prosecution of the Criminal Aspect of Unfair Labor Practice** **The criminal aspect of unfair labor practice cannot be \_\_\_\_ during the pendency of the administrative proceedings. Only when there is a final judgment in the administrative proceedings declaring that unfair labor practice has been committed, can the criminal prosecution be commenced.** **\"ART. 258. Concept of Unfair Labor Practice and Procedure xxx No criminal prosecution under this Title may be instituted without a final judgment, finding that an unfair labor practice was committed, having been first obtained in the preceding paragraph. xxx\"** **46. WHAT IS THE PROBATIVE VALUE OF THE JUDGMENT IN THE ADMINISTRATIVE CASE OF UNFAIR LABOR PRACTICE? GIVE YOUR BASIS.** **Probative Value of the Judgment in the Administrative Case** **The final judgment in the administrative proceedings is not binding in the criminal case. It cannot be used as an evidence of guilt but merely as proof of compliance with the procedural requirements for the filing of the criminal case.** **\"ART. 258. Concept of Unfair Labor Practice and Procedure for Prosecution Thereof xxx the final judgment in the administrative proceedings shall not be binding in the criminal case nor be considered as evidence of guilt but merely as proof of compliance of the requirements therein set forth.\"** **47. WHAT IS THE DEGREE OF PROOF TO ESTABLISH UNFAIR LABOR PRACTICE?** **Degree of Proof to Establish Unfair Labor Practice** **To prove the administrative aspect of unfair labor practice, all that is required is substantial evidence,\" which may be direct or circumstantial.** **The complainant has the burden of proving an unfair labor practice charge.** **For the criminal aspect, the degree of proof is proof beyond reasonable doubt.** **48.WHAT IS THE PRESCRIPTIVE PERIOD FOR THE FILING OF UNFAIR LABOR PRACTICE?** **Prescriptive Period of Unfair Labor Practices** **For the administrative aspect, the prescriptive period is one year from commission of the unfair labor practice.** **For the criminal aspect, the prescriptive period is one year from the finality of the judgment in the administrative case. This is so because the prescriptive period does not run during the pendency of the administrative proceedings.** **\"ART. 258. Concept of Unfair Labor Practice and Procedure for Prosecution Thereof Xxx During the pendency of such administrative proceeding, the running of the period of prescription of the criminal offense herein penalized shall be considered interrupted: xxx** **Interference, Restraint or Coercion of Employees** **It is unfair labor practice for an employer \"to interfere with, restrain or coerce employees in the exercise of their right to self- organization.** **The test of interference, restraint, or coercion is whether the employer has engaged in a conduct which reasonably tends to hinder the free exercise of the employees\' right to self-organization.** **49.DISCUSS THE CASE OF JUDRIC CANNING VS. INCIONG. GIVE THE FACTS AND DECISION AND EXPLANATION OF THE SC** **In the case of Judric Canning v. Inciong, 22 six employees actively engaged themselves in the organization of a union by soliciting signatures of employees. When the employer learned of this activity, the said employees were not allowed to work anymore.** **The Supreme Court held the employer guilty of unfair labor practice, because by dismissing the employees merely because they solicited signatures needed for the formation of the union, the employer in effect interfered with and retaliated against the employees who exercised their right to self-organization.** **50. DISCUSS THE CASE OF INSULAR LIFE ASSURANCE CO. LTD EMPLOYEES VS. INSULAR LIFE. GIVE THE FACTS AND DECISION AND EXPLANATION OF THE SC** **In the case of [Insular Life Assurance Co. Ltd. Employees v. Insular Life,]23 the union went on strike because of deadlock in collective bargaining negotiations. The following day, the Company sent a letter to each of the strikers offering them comfortable cots, free coffee and occasional movies, overtime pay and arrangements for their families if they will abandon the strike and return to work.** **The Union took this as interference with the exercise of their right to concerted activities, hence, it filed a complaint for unfair labor practice against the Company.** **The Supreme Court held that the company is guilty of unfair labor practice because the act of attempting to \"bribe\" the strikers so they would abandon the strike and return to work is** **tantamount to strike-breaking and union busting.**