LABOR REVIEW COMM.
DE CASTRO
FINALS REVIEWER
RETIREMENT PAY
a. ELIGIBILITY
Who are covered under
the retirement pay
law?
The following employees are eligible to
avail of retirement benefits under Article
287 of the Labor Code:
1. All employees in the private sector,
regardless of their position, designation
or status and irrespective of the method
by which their wages are paid;
2. Part-time employees;
3. Employees of service and other job
contractors;
4. Domestic helpers or persons in
the personal service of another;
5. Underground mine workers;
6. Employees of government-owned
and/or controlled corporations organized
under the Corporation Code (without
original charters).
Who are excluded?
Article 287, as amended, does not apply
to the following employees:
1. Employees of the national government
and its political subdivisions, including
government-owned and/or controlled
corporations, if they are covered by the
Civil Service Law and its regulations.
2. Employees of retail, service and
agricultural establishments or
operations regularly employing not more
than ten
(10) employees. These terms are defined
as follows:
a. Retail establishment is one
principally engaged in the sale of goods
to end-users for personal or
household use. It shall lose its retail
character qualified for exemption if it is
engaged in both retail and wholesale of
goods.
b. Service establishment is one
principally engaged in the sale of service
to individuals for their own or household
use and is generally recognized as such.
c. Agricultural
establishment/operation refers to an
employer which is engaged in
agriculture. This term refers to all
farming activities in all branches and
includes, among others, the cultivation
and tillage of soil, production, cultivation,
growing and harvesting of any
agricultural or horticultural commodities,
dairying, raising of livestock or poultry,
the culture of fish and other aquatic
products in farms or ponds, and any
activities performed by a farmer or on a
farm as an incident to, or in conjunction
with, such farming operations, but does
not include the manufacture and/or
processing of sugar, coconut, abaca,
tobacco, pineapple, aquatic or other
farm products.
What is the optional
and compulsory
retirement age?
a. Under Article 287.
This article provides for two (2) types of
retirement:
(1) Optional retirement upon reaching
the age of sixty (60) years.
(2) Compulsory retirement upon
reaching the age of sixty-five (65)
years. It is the employee who exercises
the option under No. 1 above.
b. Under retirement plan.
The optional and compulsory retirement
schemes provided under Article 287
come into play only in the absence of a
retirement plan or agreement setting
forth other forms of optional or
compulsory retirement schemes. Thus, if
there is a retirement plan or agreement
in an establishment providing for an
earlier or older age of retirement (but
not beyond 65 which has
been declared the compulsory
retirement age), the same shall be
controlling.
c. Retirement at an earlier age or
after rendering certain period of
service.
Based on Article 287 the employers and
employees are free to agree and
stipulate on the retirement age, either in
a CBA or employment contract. It is only
in the absence of such agreement that
the retirement age shall be fixed by law,
that is, in accordance with the optional
and compulsory retirement age
prescribed under Article 287.
d. By mutual agreement, employers
may be granted the sole and
exclusive prerogative to retire
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 LABOR REVIEW COMM. DE CASTRO
FINALS REVIEWER

employees at an earlier age or after of age; while the compulsory

rendering a certain period of retirement age is 60 years old.
service. Cainta Catholic School v.
Cainta Catholic School Employees What is the minimum
Union [CCSEU], where the Supreme number of years of
Court upheld the exercise by the school service required of
of its option to retire employees underground mine
pursuant to the existing CBA where it is workers?
provided that the school has the Minimum years of service is also 5 years.
option to retire an employee upon
reaching the age limit of sixty (60) Are the retirement
or after having rendered at least benefits of
twenty (20) years of service to the underground mine
school, the last three (3) years of workers similar to
which must be continuous. Hence, ordinary retirees?
the termination of employment of the
employees, arising as it did from an Yes. In fact, other than the retirement
exercise of a management prerogative age, all other requirements as well as
granted by the mutually-negotiated CBA benefits provided in the law are
between the school and the union is applicable to underground mine workers.
valid.
AMOUNT OF RETIREMENT PAY
e. To be valid, retirement at an
earlier age must be voluntarily What is retirement pay
consented to by the employee. under the law?
In Jaculbe v. Silliman University, the a. One-half () month salary.
Supreme Court ruled that in order for In the absence of a retirement plan or
retirement at an earlier age to be valid, agreement providing for retirement
it must be shown that the employees benefits of employees in the
participation in the plan is voluntary. An establishment, an employee, upon
employer is free to impose a retirement reaching the optional or compulsory
age of less than 65 for as long as it has retirement age specified in Article 287,
the employees consent. Stated shall be entitled to retirement pay
conversely, employees are free to accept equivalent to at least one-half () month
the employers offer to lower the salary for every year of service, a
retirement age if they feel they can get a fraction of at least six (6) months being
better deal with the retirement plan considered as one (1) whole year.
presented by the employer.
b. Components of one-half ()
What is the minimum month salary.
years of service For purposes of determining the
required for minimum retirement pay due an
entitlement under the employee under Article 287, the term
law? one-half month salary shall include
all of the following:
Five (5) years is the minimum years of
service that must be rendered by the (1) Fifteen (15) days salary of the
employee before he can avail of the employee based on his latest salary
retirement benefits upon reaching rate.
optional or compulsory retirement age (2) The cash equivalent of five (5)
under Article 287. days of service incentive leave;
(3) One-twelfth (1/12) of the 13th month
What is the retirement pay due the employee; and
age of underground (4) All other benefits that the
mine workers? employer and employee may agree upon
that should be included in the
The optional retirement age of computation of the employees
underground mine workers is 50 years retirement pay.

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 LABOR REVIEW COMM. DE CASTRO
FINALS REVIEWER
c. One-half () month salary
means 22.5 days. One-half []
month salary is equivalent to 22.5
days arrived at after adding 15 days
plus 2.5 days representing one-twelfth
[1/12] of the 13th month pay plus 5 days
of service incentive leave.
What are some
principles on
retirement benefits?
1/12 of 13th month pay and 5 days of
service incentive leave (SIL) should not
be included if the employee was not
entitled to 13th month pay and SIL
during his employment.
Example: R & E Transport, Inc. v.
Latag,1 where it was held that
employees who are not entitled to 13th
month pay and SIL pay while still
working should not be paid the entire
22.5 days but only the fifteen (15)
days salary. In other words, the
additional 2.5 days representing one-
twelfth [1/12] of the 13th month pay and
the five (5) days of SIL should not be
included as part of the retirement
benefits. The employee in this case was
a taxi driver who was being paid on the
boundary system basis. It was
undisputed that he was entitled to
retirement benefits after working for
fourteen (14) years with R & E Transport,
Inc. However, he was not entitled to the
13th month pay since Section 3 of the
Rules and Regulations Implementing P.D.
No. 851 exempts from its coverage
employers of those who are paid on
purely boundary basis. He was also not
entitled to the 5-day service incentive
leave pay pursuant to the Rules to
Implement the Labor Code which
expressly excepts field personnel and
other employees whose performance is
unsupervised by the employer.
But in the 2010 case of Serrano v.
Severino Santos Transit,2 which
involves a bus conductor (petitioner)
who worked for 14 years for respondent
bus company which did not adopt any
retirement scheme. It was held herein
that even if petitioner as bus conductor
was paid on commission basis, he falls
within the coverage of R.A. 7641
(Retirement Pay Law, now Article 287 of
Labor Code). This means that his
retirement pay should include the cash
equivalent of the 5-day SIL and 1/12 of
the 13th
month pay for a total of 22.5 days. The
affirmance by the Court of Appeals of the
reliance by the NLRC on R & E Transport
case was held erroneous. For purposes of
applying the law on SIL as well as on
retirement, there is a difference between
drivers paid under the boundary
system and conductors paid on
commission basis. This is so because in
practice, taxi drivers do not receive fixed
wages. They retain only those sums in
excess of the boundary or fee they pay
to the owners or operators of the
vehicles. Conductors, on the other hand,
are paid a certain percentage of the bus
earnings for the day. It bears emphasis
that
under P.D. No. 851 and the SIL Law, the
exclusion from its coverage of workers
who are paid on a purely commission
basis is only with respect to field
personnel.
RETIREMENT BENEFITS OF
WORKERS PAID BY RESULTS
What are the retirement benefits
of workers paid by results?
For covered workers who are paid by
results and do not have a fixed monthly
rate, the basis for the determination of
the salary for fifteen (15) days shall be
their average daily salary (ADS). The
ADS is the average salary for the last
twelve (12) months reckoned from the
date of their retirement, divided by the
number of actual working days in that
particular period.
RETIREMENT BENEFITS OF PART-
TIME WORKERS
How should the retirement
benefits of part-time workers be
computed?
Applying the principles under Article 287,
as amended, the components of
retirement benefits of part-time workers
may also be computed at least in
proportion to the salary and related
benefits due them.
CERTIFICATION ELECTION
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 LABOR REVIEW COMM. DE CASTRO
FINALS REVIEWER

What is certification Under this rule, a petition for certification

election? election may not be filed within one (1)
year:
Certification election refers to the 1. from the date the fact of voluntary
process of determining through secret recognition has been entered; or
ballot the sole and exclusive 2. from the date a valid certification,
bargaining agent of the employees consent, run-off or re-run election has
in an appropriate bargaining unit for been conducted within the bargaining
purposes of collective bargaining or unit.
negotiations.

Who may file a petition 2. NEGOTIATIONS BAR RULE.

for certification Under this rule, no petition for
election? certification election should be
entertained while the sole and exclusive
The petition may be filed by: bargaining agent and the employer have
1. A legitimate labor commenced and sustained negotiations
organization which may in good faith within the period of one (1)
be: year from the date of a valid
certification, consent, run-off or re-run
(a) an independent union; or election or from the date of voluntary
(b) a national union or federation recognition. Once the CBA negotiations
which has already issued a charter have commenced and while the parties
certificate to its local chapter are in the process of negotiating the
participating terms and conditions of the CBA, no
in the certification election; or challenging union is allowed to file a
(c) a local chapter which has been petition for certification election that
issued a charter certificate by the would disturb the process and unduly
national union or federation. forestall the early conclusion of the
agreement.
2. An employer, when
3. BARGAINING DEADLOCK BAR
requested by a labor
RULE.
organization to bargain
Under this rule, a petition for certification
collectively and its
election may not be entertained when a
majority status is in doubt.
bargaining deadlock to which an
incumbent or certified bargaining agent
What are the rules
is a party has been submitted to
prohibiting the filing of
conciliation or arbitration or has become
petition for
the subject of a valid notice of strike or
certification election
lockout.
(bar rules)?
Kaisahan ng Manggagawang Pilipino
a. General rule.
[KAMPIL-KATIPUNAN] v. Trajano. -
The general rule is that in the absence of
The bargaining deadlock-bar rule was
a CBA duly registered in accordance with
not applied here because for more than
Article 231 of the Labor Code, a petition
four (4) years after it was certified as the
for certification election may be filed at
exclusive bargaining agent of all the
any time.
rank-and-file employees, it did not take
any action to legally compel the
b. Bar rules.
employer to comply with its duty to
No certification election may be held
bargain collectively, hence, no CBA was
under the following rules:
executed. Neither did it file any unfair
1. Certification year bar rule;
labor practice suit against the employer
2. Negotiations bar rule;
nor did it initiate a strike against the
3. Bargaining deadlock bar rule; or
latter. Under the circumstances, a
4. Contract bar rule.
certification election may be validly
ordered and held.
1. CERTIFICATION YEAR BAR RULE.

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 LABOR REVIEW COMM. DE CASTRO
FINALS REVIEWER
4. CONTRACT BAR RULE.
Under this rule, a petition for certification
election may not be filed when a CBA
between the employer and a duly
recognized or certified bargaining agent
has been registered with the Bureau of
Labor Relations (BLR) in accordance with
the Labor Code. Where the CBA is duly
registered, a petition for certification
election may be filed only within the 60-
day freedom period prior to its expiry.
The purpose of this rule is to ensure
stability in the relationship of the
workers and the employer by preventing
frequent modifications of any CBA earlier
entered into by them in good faith and
for the stipulated original period.
When contract bar rule does not
apply.
The contract-bar rule does not apply in
the following cases:
1. Where there is an automatic renewal
provision in the CBA but prior to the date
when such automatic renewal became
effective, the employer seasonably filed
a manifestation with the Bureau of Labor
Relations of its intention to terminate the
said agreement if and when it is
established that the bargaining agent
does not represent anymore the majority
of the workers in the bargaining unit.
2. Where the CBA, despite its due
registration, is found in appropriate
proceedings that: (a) it contains
provisions lower than the standards fixed
by law; or (b) the documents supporting
its registration are falsified, fraudulent or
tainted with misrepresentation.
3. Where the CBA does not foster
industrial stability, such as contracts
where the identity of the representative
is in doubt since the employer extended
direct recognition to the union and
concluded a CBA therewith less than one
(1) year from the time a certification
election was conducted where the no
union vote won. This situation obtains in
a case where the company entered into
a CBA with the union when its status as
exclusive bargaining agent of the
employees has not been established yet.
4. Where the CBA was registered before
or during the last sixty (60) days of a
subsisting agreement or during the
pendency of a representation case. It is
well-settled that the 60-day freedom
period based on the original CBA should
not be affected by any amendment,
extension or renewal of the CBA for
purposes of certification election.
What are the requisites
for the validity of the
petition for
certification election?
The following requisites should concur:
1. The union should be legitimate which
means that it is duly registered and
listed in the registry of legitimate labor
unions of the BLR or that its legal
personality has not been revoked or
cancelled with finality.
2. In case of organized establishments,
the petition for certification election is
filed during (and not before or after)
the 60-day freedom period of a duly
registered CBA.
3. In case of organized establishments,
the petition complied with the 25%
written support of the members of the
bargaining unit.
4. The petition is filed not in violation of
any of the four (4) bar rules [See above
discussion thereof].
What are the two (2)
kinds of majorities?
The process of certification election
requires two (2) kinds of majority votes,
viz.:
1. Number of votes required for the
validity of the process of
certification election itself. In order
to have a valid certification election, at
least a majority of all eligible voters
in the appropriate bargaining unit
must have cast
their votes.
2. Number of votes required to be
certified as the collective bargaining
agent. To be certified as the sole and
exclusive bargaining agent, the union
should obtain a majority of the valid
votes cast.
What are some
pertinent principles on
certification election?
The pendency of a petition
to cancel the certificate of
registration of a union
participating in a
certification election does
not
stay the conduct thereof.
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 LABOR REVIEW COMM. DE CASTRO
FINALS REVIEWER

The pendency of an unfair there is a duly recognized or certified

labor practice case filed bargaining agent for rank-andfile
against a labor employees, for purposes of the petition
organization participating for certification election filed by
in the certification election supervisors. The reason is that the
does not stay the holding bargaining unit composed of supervisors
thereof. is separate and distinct from the
Direct certification as a unionized bargaining unit of rank-and-file
method of selecting the employees. Hence, being unorganized,
exclusive bargaining agent the 25% required minimum support of
of the employees is not employees within the bargaining unit of
allowed. This is because the supervisors need not be complied
the conduct of a with.
certification election is still
necessary in order to How should
arrive in a manner certification election be
definitive and certain conducted in an
concerning the choice of unorganized
the labor organization to establishment?
represent the workers in a In case of a petition filed by a legitimate
collective bargaining unit. organization involving an unorganized
The No Union vote is establishment, the Med-Arbiter is
always one of the choices required to immediately order the
in a certification election. conduct of a certification election upon
Where majority of the filing of a petition for certification
valid votes cast results in election by a legitimate labor
No Union obtaining the organization.
majority, the Med-Arbiter
shall declare such fact in CERTIFICATION
the order. ELECTION IN AN
Only persons who have ORGANIZED
direct employment ESTABLISHMENT
relationship with the
employer may vote in the What are the requisites
certification election, for the conduct of a
regardless of their period certification election in
of employment. an organized
establishment?
CERTIFICATION ELECTION IN AN
UNORGANIZED ESTABLISHMENT The Med-Arbiter is required to
automatically order the conduct of a
What is meant by certification election by secret ballot in
unorganized an organized establishment as soon as
establishment? the following requisites are fully met:
As distinguished from organized 1. That a petition questioning the
establishment, an unorganized majority status of the incumbent
establishment is an employer entity bargaining agent is filed before the DOLE
where there is no recognized or certified within the 60-day freedom period;
collective bargaining union or agent. A 2.That such petition is verified; and
company or an employer-entity, 3. That the petition is supported by the
however, may still be considered an written consent of at least twenty-five
unorganized establishment even if there percent (25%) of all the employees in
are unions in existence therein for as the bargaining unit.
long as not one of them is duly certified
as the sole and exclusive bargaining RUN-OFF ELECTION
representative of the employees in the
particular bargaining unit it seeks to What is run-of
operate and represent. Further, a election?
company remains unorganized even if
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 LABOR REVIEW COMM. DE CASTRO
FINALS REVIEWER
A run-off election refers to an
election between the labor unions
receiving the two (2) highest number of
votes in a certification election or
consent election with three (3) or more
choices, where such a certification
election or consent election results in
none of the three (3) or more choices
receiving the majority of the valid votes
cast, provided that the total number of
votes for all contending unions is at least
fifty percent (50%) of the number of
votes cast.
RE-RUN ELECTION
When should a re-run
election be conducted?
A re-run election may be justified if
certain irregularities have been
committed during the conduct of the
certification election such as, inter alia,
disenfranchisement of the voters,
lack of secrecy in the voting, fraud
or bribery, in which case, the
certification election should be
invalidated. Such invalidation would
necessitate the conduct of a re-run
election among the contending unions to
determine the true will and desire of the
employee-electorates.
CONSENT ELECTION
What is consent
election?
A consent election refers to the
process of determining through secret
ballot the sole and exclusive
representative of the employees in an
appropriate bargaining unit for purposes
of collective bargaining and negotiation.
It is voluntarily agreed upon by the
parties, with or without the intervention
of the DOLE.
What is the distinction
between consent
election and
certification election?
A consent election is one mutually
agreed upon by the parties, with or
without the intervention of the DOLE, its
purpose being merely to determine the
issue of majority representation of all the
workers in an appropriate collective
bargaining unit; while a certification
election is one which is ordered by the
DOLE. The purpose for both electoral
exercise is the same, i.e., to determine
the sole and exclusive bargaining agent
of all the employees in an appropriate
bargaining unit for the purpose of
collective bargaining. From the very
nature of consent election, it is a
separate and distinct process from
certification election
and has nothing to do with the import
and effect of the latter.
Can the parties agree
to the conduct of
consent election even
during the pendency of
certification election?
Yes. In fact, the Med-Arbiter is required
to determine if the contending labor
unions are willing to submit themselves
to
1. a consent election. And if
they do, the Med-Arbiter
should conduct consent
election instead of
certification election.
PICKETING.
Picketing is the act of workers in
peacefully marching to and fro before an
establishment involved in a labor dispute
generally accompanied by the carrying
and display of signs, placards and
banners intended to inform the public
about the dispute.
WHO MAY STAGE A PICKET?
Although not mentioned in the syllabus,
it is important to discuss this point.
Distinctively, in case of picketing, the
absence of employment relationship
between the employer and the
picketers or some of them does not
affect its
validity. Picketing, if peacefully
carried out, cannot be prohibited
even in the absence of employer-
employee relationship. Example: A
picket conducted by the employees with
the participation of militant groups like
Bayan, Gabriela, etc. will not make the
picket illegal.
REQUISITES FOR LAWFUL PICKETING
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 LABOR REVIEW COMM. DE CASTRO
FINALS REVIEWER
1. THE REQUISITES FOR A VALID
STRIKE ARE NOT APPLICABLE TO
PICKETING.
The seven (7) requisites for a valid strike
discussed above do not apply to
picketing.
2. REQUISITES FOR LAWFUL
PICKETING.
The most singular requirement to make
picketing valid and legal is that it should
be peacefully conducted. Based on the
foregoing provision, the requisites may
be summed up as follows:
1. The picket should be peacefully
carried out;
2. There should be no act of violence,
coercion or intimidation attendant
thereto;
3. The ingress to (entrance) or egress
from (exit) the company premises should
not be obstructed; and
4. Public thoroughfares should not be
impeded.
3. RIGHT TO PICKET IS PROTECTED
BY THE CONSTITUTION AND THE
LAW.
Unlike a strike which is guaranteed under
the Constitutional provision on the right
of workers to conduct peaceful
concerted activities under Section 3,
Article XIII thereof, the right to picket
is guaranteed under the freedom of
speech and of expression and to
peaceably assemble to air
grievances under Section 4, Article III
(Bill of Rights) thereof.
4. EFFECT OF THE USE OF FOUL
LANGUAGE DURING THE CONDUCT
OF THE PICKET.
In the event the picketers employ
discourteous and impolite language in
their picket, such may not result in, or
give rise to, libel or action for damages.
5. PICKETING VS. STRIKE.
(a) To strike is to withhold or to stop work
by the concerted action of employees as
a result of an industrial or labor dispute.
The work stoppage may be accompanied
by picketing by the striking employees
outside of the company compound.
(b) While a strike focuses on stoppage of
work, picketing focuses on publicizing
the labor dispute and its incidents to
inform the public of what is happening in
the company being picketed.
(c) A picket simply means to march to
and fro in front of the employers
premises, usually accompanied by the
display of placards and other signs
making known the facts involved in a
labor dispute. It is but one strike activity
separate and different from the actual
stoppage of work.
Phimco Industries, Inc. v. Phimco
Industries Labor Association (PILA).
- While the right of employees to
publicize their dispute falls within the
protection of freedom of expression and
the right to peaceably assemble to air
grievances, these rights are by no means
absolute. Protected picketing does
not extend to blocking ingress to
and egress from the company
premises. That the picket was
moving, was peaceful and was not
attended by actual violence may not
free it from taints of illegality if the
picket effectively blocked entry to
and exit from the company
premises.
6. WHEN PICKET CONSIDERED A
STRIKE.
In distinguishing between a picket and a
strike, the totality of the circumstances
obtaining in a case should be taken into
account.
Santa Rosa Coca-Cola Plant
Employees Union v. Coca-Cola
Bottlers Phils., Inc.2 - Petitioners
contend that what they conducted was a
mere picketing and not a strike. In
disagreeing to this contention, the High
Court emphasized that it is not an issue
in this case that there was a labor
dispute between the parties as
petitioners had notified the respondent
of their intention to stage a strike, and
not merely to picket. Petitioners
insistence to stage a strike is evident in
the fact that an amended notice of strike
was filed even as respondent moved to
dismiss the first notice. The basic
elements of a strike are present in this
case: 106 members of petitioner Union,
whose respective applications for leave
of absence on September 21, 1999 were
disapproved, opted not to report for work
on said date, and gathered in front of the
company premises to hold a mass
protest action. Petitioners deliberately
absented themselves and instead wore
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FINALS REVIEWER
red ribbons and carried placards with
slogans such as:
YES KAMI SA STRIKE, PROTESTA
KAMI, SAHOD, KARAPATAN NG
MANGGAGAWA IPAGLABAN, CBA-WAG
BABOYIN, STOP UNION BUSTING.
They marched to and fro in front of the
companys premises during working
hours. Thus, petitioners engaged in a
concerted activity which already affected
the companys operations. The mass
concerted activity obviously constitutes
a strike. Moreover, the bare fact that
petitioners were given a Mayors permit
is not conclusive evidence that their
action/activity did not amount to a strike.
The Mayors description of what
activities petitioners were allowed to
conduct is inconsequential. To repeat,
what is definitive of whether the action
staged by petitioners is a strike and not
merely a picket is the totality of the
circumstances surrounding the situation.
Petitioner union in the 2011 case of
Leyte Geothermal Power
Progressive Employees Union-ALU-
TUCP v. Philippine National Oil
Company Energy Development
Corporation,1 contends that there was
no stoppage of work; hence, they did not
strike. Euphemistically, petitioner union
avers that it only engaged in picketing,
and maintains that without any work
stoppage, [its officers and members]
only engaged in xxx protest activity.
The Supreme Court, however, ruled that
it was a
strike and not picketing or protest
activity that petitioner union staged. It
found the following circumstances in
support of such finding:
(1) Petitioner union filed a Notice of
Strike on December 28, 1998 with the
DOLE grounded on respondents
purported unfair labor practices, i.e.,
refusal to bargain collectively, union
busting and mass termination. On even
date, petitioner Union declared and
staged a strike.
(2) The DOLE Secretary intervened and
issued a Return-to-Work Order dated
January 4, 1999, certifying the labor
dispute to the NLRC for compulsory
arbitration. The Order indicated the
following facts: (1) filing of the notice of
strike; (3) staging of the strike and
taking control over respondents facilities
of its Leyte Geothermal Project on the
same day petitioner union filed the
notice of strike; (3) attempts by the
NCMB to forge a mutually acceptable
solution proved futile; (4) in the
meantime, the strike continued with no
settlement in sight placing in jeopardy
the supply of much needed power supply
in the
Luzon and Visayas grids.
(3) Petitioner union itself, in its
pleadings, used the word strike.
(4) Petitioner unions asseverations are
belied by the factual findings of the
NLRC, as affirmed by the CA thus: The
failure to comply with the mandatory
requisites for the conduct of strike is
both admitted and clearly shown on
record. Hence, it is undisputed that no
strike vote was conducted; likewise, the
cooling-off period was not observed and
that the 7-day strike ban after the
submission of the strike vote was not
complied with since there was no strike
vote taken. In fine, petitioner unions
bare contention that it did not hold a
strike cannot trump the factual findings
of the NLRC that petitioner union indeed
struck against respondent. In fact, and
more importantly, petitioner union failed
to comply with the requirements set by
law prior to holding a strike.
UNION SHOP AGREEMENT.
There is union shop when all new
regular employees are required to
join the union within a certain period
as a condition for their continued
employment. Its role is to compel the
membership of those who are not yet
union members. Under this scheme, the
employer is given the freedom to hire
and employ any person who is not a
member of the bargaining agent. Once
such person becomes an employee, he is
required to become a member of the
bargaining agent and to remain as such
member in good standing for the whole
period of the effectivity of the CBA as a
condition for his continued employment.
CLOSED-SHOP AGREEMENT.
A closed-shop may be defined as a
scheme in which, by agreement between
the employer and its employees through
their bargaining union/agent, no person
may be employed unless he or she is,
becomes, and, for the duration of the
agreement, remains a member in good
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 LABOR REVIEW COMM. DE CASTRO
FINALS REVIEWER

standing of the bargaining union.

Basically, this kind of agreement
stipulates the undertaking by the
employer not to hire or employ any
person who is not a member of the
bargaining union. Once employed, it is
required that the said person should
remain a member of the bargaining
union in good standing as a condition for
continued employment, at least during
the whole duration of the CBA.

AGENCY SHOP AGREEMENT.

Under this scheme, there is no
requirement for non-members of the
bargaining agent to become its
members.
However, it is required that such non-
union members should pay to the
bargaining agent an agency fee as a
condition for their continued
employment.

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