LABOR RELATIONS

Dept Foreign affairs vs NLRC - An international organization is independent of

the municipal law. The Service contracts did not amount to a waiver of immunity
of suit.

Heritage Hotel vs Nat'l Union of Workers - Non-compliance of a statutory

requirement is not a ground for cancellation because the cancellation of a
certificate of registration is the EQUIVALENT of snuffing out the life of a labor
organization.

Calderon vs Carale - Appintment to NLRC positions do not require confirmation

by the coa. The Constitution cannot be expanded by mere act of legislation.

Jardin vs NLRC - Taxi drivers perform activities which are usually necessary or
desirable in the usual business or trade of their employer.

Villamaria vs CA - The existence of a boundary-hulog agreement creates a dual

juridical relationship that of employer-employee and vendor-vendee.

Santiago vs CF Sharp - There is no employer-employee relationship if a

seafarer is not able to depart from the port because the contract DID NOT
COMMENCE.

Pepsi Cola vs Galang - For the Labor Arbiter to have jurisdiction there also has
to be a reasonable causal connection between the complaint and the relations of
the parties as employer-employee

Robosa vs NLRC - NLRC has contempt powers. The DISMISSAL of the

contempt charge of the NLRC amounts to an ACQUITTAL in a criminal case and
is NOT SUBJECT to an appeal

University of Immaculate Conception vs Employees Union FFW -

A confidential employee is one entrusted with confidence on delicate matters
thus his refusal to vacate union membership is a VALID GROUND for
DISMISSAL.

Johnson & Johnson vs Johnson Office - An illegally dismissed employee is

entitled to reinstatement as a MATTER OF RIGHT. Payment of separation pay
shall be allowed and ONLY IF the employer can prove the existence of
circumstances showing that reinstatement is not feasible. Violation of company
policies denies entitlement to backwages.
Perpetual Help Credit Cooperative vs Faburada - Working on a part-time
basis does not mean that he is not a regular employee. Regularity of employment
is determined by the nature and length of time one has been in that particular job.

BPI vs Employees Union-Davao - The presence of a UNION SHOP CLAUSE in

the CBA must be respected. Unionism is favored over security of tenure.

Colegio de San Juan vs Association of Faculty of Letran - Petitioners failure

to act upon the submitted CBA proposal within a 10-day period is a clear violation
of the governing procedure of collective bargaining. When the exercis of the
management to discipline its employees to interfere with the employees' right to
self-organization, it amounts to union-busting and is therefore a prohibited act.

Pioneer Texturing vs NLRC - An award for reinstatement shall be immediately

executory even pending appeal and the posting of a bond by the employer
SHALL NOT stay the execution for reinstatement. All doubts in the interpretation
and implementation of labor laws should be RESOLVED IN FAVOR OF LABOR.

Nat'l Union of Bank Employees vs PNB - A local union may disafiliate at any
time from its mother federation absent any showing that the same is prohibited.
The mere act of affiliation does not divest the local union of its personality.

Cirtek Employees labor union FFW vs Cirtek Electronics - While an arbital

award cannot be categorized as an agreement voluntarily entered into, the award
CAN BE CONSIDERED as an approximaton of a CBA which would otherwise
have been entered into by the parties.