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1) The prescribed reglementary period for appeal c) The independent action of certiorari under

under Rule 43, Section 4 of the Rules of Court. Rule 65 can be availed of as a substitute for
the lost remedy of ordinary appeal, excluding
a) 10 calendar days that provided for under Rule 43.
b) 15 days d) The independent action of certiorari under
c) 15 calendar days Rule 65 cannot be availed of as a substitute for
d) 10 days. the lost remedy of ordinary appeal, excluding
that provided for under Rule 43.
2) The prescribed reglementary period for appeal
under Article 276 (262-A) 7) The following are the exceptions when certiorari
may be granted despite the availability of an appeal,
a) 10 calendar days except?
b) 15 days
c) 15 calendar days a) When there is a pending appeal
d) 10 days. b) When the writs issued are null and void
c) When the broader interest of justice so
3) It is an exaction constitutive of ULP within the requires
meaning of this law for a union to _______ of the d) No exceptions, the rule is absolute.
employer for a contract calling for payment of
compensation for the presence of one of its members at 8) The _______ has jurisdiction over the petition for
a jobsite when no unionist's work is being done certiorari under Rule 65 that may filed before it from
therein, and when the employer indicated that it bad no the decision of the NLRC, Dole Secretary or the BLR
need for such labor, the union staged a strike to make Director
the employer respond to such demand.
a) Court of Appeals
a) Demand b) Supreme Court
b) Mandate c) Regional Trial Court
c) Order d) Labor Arbiter
d) None of the above
9) Under Rule 45, the reglementary period to appeal
4) When an employer receives a bona-fide offer of from notice of judgment or denial in motion for
competent performance of relevant services, it remains consideration from the Court of Appeals is
for the _______, through free and fair negotiation, to
determine whether such offer should be accepted and a) 15 days
what compensation should be paid for the work done. b) 30 days
c) 60 days
a) Employer d) 6 months
b) Employee
c) Manager 10) If the Court of Appeals acted with grave abuse of
d) None of the above discretion amounting to lack or excess of jurisdiction.
What is the proper remedy so that the petitioner would
5) What is the nature of the payment of appeal docket be promptly relieved from the injurious effect of the
fee within the prescribed period? judgment?

a) Mandatory a) Rule 45
b) Jurisdictional b) Motion for reconsideration
c) Both mandatory and jurisdictional c) Rule 65 Certiorari
d) Optional d) Rule 43

6) Which of the following statements is correct? 11) It was conceded that respondent indeed availed of
the wrong remedy of certiorari under Rule 65. Due,
a) The independent action of certiorari under however, to the nature of the case, involving worker's
Rule 65 can be availed of as a substitute for wage and benefits, and the fact that whether the
the lost remedy of ordinary appeal, including petition filed under Rule 65 or appeal by certiorari
that provided for under Rule 43. under Rule 45, it was filed within 15 days (the
b) The independent action of certiorari under reglementary period under rule 45) from petitioner's
Rule 65 cannot be availed of as a substitute receipt of the resolution of the CA's Resolution
for the lost remedy of ordinary appeal, denying it's motion for reconsideration, the Court
including that provided for under Rule 43. resolved to give it due course.
a) Cirtek Employees Labor Union vs Cirtek 17) Which of the following was created to fill in the
Electronics, Inc. missing details in the Labor Code and its implementing
b) Mamayang Manggagaww ng Stayfast Phils, Inc rules?
vs NLRC
c) San Miguel Corporation vs the Hon. CA a) Rules of Procedure on Arbitration
d) Tomas Claudio Memorial College, Inc. vs CA b) Rules of Procedure on Mediation-
Arbitration
12) In case what is filed is a petition under Rule 65 c) DOLE Rules of Procedure on Med-Arb
instead of Rule 45, before the Supreme Court may treat d) Rules of Procedure on Mediation
the petition erroneously filed under Rule 65 as having
been filed under Rule 45, the same must comply with 18) Which of the following has the authority to
the reglementary period for filing an appeal. this approve, deny, or revoke labor union permits?
requirement is not only mandatory but also
jurisdictional such that failure to do so renders the a) Labor Arbiter
assailed decision final and executory and deprives the b) Bureau of Labor Relations
SC of jurisdiction to alter the final judgement, much c) DOLE Secretary
less to entertain the appeal. d) Administrative Code of 1987

a) Tirazona vs CA 19) It refers to an officer in the DOLE Regional Office


b) New Ever Marketing ,Inc vs CA or in the BLR authorized to hear and decide
c) Almelor vs RTC representation cases, inter-union or intra-union
d) Mora vs Avesco Marketing Corporation disputes and other related labor relation disputes.

13) The __________ has standardized the appeal a) Mediator-Arbiters


periods to afford litigants fair opportunity to appeal b) DOLE Regional Director
their cases. c) BLR Director
d) None of the Above
a) Neypes doctrine
b) Gomez doctrine 20) Which of the following is incorrect in relation to
c) Zamora doctrine Mediator-Arbiter?
d) Roquero doctrine
Statement 1: Med-Arbiters possessed certain powers
14) The appellant is allowed a fresh period of ______ not even available to Labor Arbiters, such as
within which to file the notice of appeal in the RTC , injunction power.
counted from receipt of the order dismissing a motion Statement 2: They do not have the authority to issue
for a new trial or motion for reconsideration. writs of injunction in appropriate cases, the
determination of which is addressed to their sound
a) 60 days discretion.
b) 30 days Statement 3: They are granted contempt powers
c) 15 days Statement 4: They are not merely ordinary
d) 10 days functionaries in the BLR.

15) The Bureau of Labor Relations shall have ____ a) Statement 1


days to act on labor cases before it, subject to b) Statement 2
extension by agreement of the parties. c) Statement 3
d) Statement 4
a) 15 working days
b) 15 calendar days 21) They are the duly authorized representative of the
c) 30 working days DOLE Secretary in the DOLE regional offices. They
d) 30 calendar days are in charge of the administration and enforcement of
labor standards within their respective territorial
16) "Labor Relations Division" refers to the following jurisdictions.
units in the Dole Regional Office.
a) DOLE Regional Director
a) Labor Organization and CBA registration b) BLR Director
Unit c) Med Arbiter
b) Med-Arbitration Unit d) Labor Official Concern
c) A and B
d) None of the above
22) They are the one who hears and decides certain
specified cases over which he has either original and a) Opposition to application for union and
appellate jurisdiction. CBA registration
b) Cancellation of registration of a labor
a) BLR Director organization filed by its members or by
b) DOLE Regional Director another organization
c) Med Arbiter c) Deregistration of collective bargaining
d) Labor Officials concerned agreements
d) Validity or invalidity of union affiliation or
23) Refers to a dispute occurring on between or among disaffiliation
unions. e) All of the above

a) inter-union
b) intra-union 28) The following is a rundown inter-union or intra-
c) extra-union union disputes, except:
d) contra-union
a) Violations of the rights and conditions of
24) Which of the following is a mode of securing the union or workers' association membership
status of a SEBA? b) Violations of the rights of legitimate labor
organizations
I. Voluntary Recognition c) Deregistration of collective bargaining
II. Request for SEBA Certification agreements
d) Interpretation of collective bargaining
a) II only agreements
b) I only e) None of the above
c) Both choices
d) None of the choices 29) Which of the following is not considered as “other
related relations dispute”?
25) When the Request is made in an unorganized
establishment with_____________, and the requesting a) A petition for interpleader involving labor
union or local fails to complete the requirements for relations
SEBA certification during the validation conference b) A conflict between a labor union and an
before the DOLE Regional Director, such Request individual who is not a member of such union
should be referred to the Election Officer for the c) A conflict between a union member and
conduct of certification election,' in which case, such one who is not a union member
certification election should now be under the d) A conflict between a labor union and a
jurisdiction of the Mediator-Arbiter. group that is not a labor organization

a) Only one (1) legitimate union 30) Which of the following statements is true?
b) Only two (2) legitimate unions
c) No legitimate union a) The Bureau of Labor Relations may not
d) Limited legitimate union motu proprio act on intra-union disputes
b) The jurisdiction of the Bureau of Labor
26) When the Request is made in an unorganized Relations over labor-management relations in
establishment with ______________________, in agricultural workplaces is original and
which case, the DOLE Regional Director, before concurrent
whom Requests are required to be filed, should refer c) A dispute involving two labor unions is
the Request directly to the Election Officer for the considered as “other related labor relations
conduct of a certification election in accordance with dispute”
the Rules d) A petition for interpleader involving labor
relations is not considered as an inter-union
a) Not more than one (1) legitimate labor case even if it involves two or more labor
organization unions.
b) More than one (1) legitimate labor
organization 31) The matter of determining the existence of an
c) No legitimate organization at all employer-employee relationship between the employer
d) None of the choices and the members of the union/s participating in a
certification election case pending before the Med-
27) The following is a rundown inter-union or intra- Arbiter is an example of ____________
union disputes:
a) Inter-union dispute
b) Intra-union dispute 36) Injunction Cases falls under the ___________
c) Either inter-union or intra-union dispute jurisdiction of the Mediator-Arbiter.
d) Neither inter-union or intra-union dispute
a) exclusive
32) Under Article 232 [226], the ___ has original and b) original
exclusive jurisdiction over labor-management relations c) original and exclusive
dispute involving the determination of existence of an d) limited
employer-employee relationship between the employer
and the members of the union/s participating in a 37) The Mediator-Arbiter will have jurisdiction over a
certification election case. Necessarily, in the exercise Request for SEBA Certification if it is made in an
of this jurisdiction, its _____ has the authority, original _____________ establishment as well as in instances
and exclusive, to determine the existence of such where it is made in an ______________ establishment
relationship. with _____________________. Under this situation,
the DOLE Regional Director, before whom the said
a) BLR; Med-Arbiter Request is filed, is required to refer it to the Mediator-
b) BLR; Labor Arbiter Arbiter for the determination of the propriety of
c) NLRC; Med-Arbiter conducting a certification election; consequently, the
d) NLRC; Labor Arbiter Mediator-Arbiter would now have the jurisdiction to
take cognizance of the certification election.
33) Statement 1: If a dispute concerns a labor
organization and any of its officers or members, it a) organized; unorganized; more than one
appropriately falls under the categorization of “intra- (1) legitimate organization
union” dispute. However, if the individual party is b) unorganized; organized; more than two (2)
neither an officer nor a member of the labor union, in legitimate organization
no way can it be called an intra-union case. c) recognized; unrecognized; more than one
Statement 2: A petition to cancel a labor (1) legitimate organization
organization’s registration can be designated neither as d) recognized; unrecognized; more than two
“intra-union” nor “inter-union” if it is filed by (2) legitimate organization
individuals other than its officers and/or members or
by a group that is not a labor organization. 38) The DOLE Regional Directors have original and
exclusive jurisdiction over numerous cases. But not all
a) Statement 1 is false of them are relevant to or connected with the _____
b) Statement 2 is true classes of cases.
c) Both statements are true
d) Both statements are false a) 3
b) 4
34) Within the context of labor relations, the term c) 5
refers to a proceeding brought by a party against two d) 6
or more parties with conflicting claims, compelling the
claimants to litigate between and among themselves 39) What is the legal basis of the DOLE Regional
their respective rights to the claim, thereby relieving Director's original and exclusive jurisdiction over
the party so filing from suits they may otherwise bring visitorial cases?
against it.
a) Article 289 [274]
a) Arbitration b) Article 258 [b]
b) Intervention c) Article 250
c) Interpleader d) Article 251
d) Joinder
40) It is the power to inquire into the financial
35) Request for SEBA certification when made in an activities of legitimate labor organizations upon the
unorganized establishment with only one or more than filing of a complaint under oath and duly supported by
one (1) legitimate union or in an organized the written consent of at least 20% of the total
establishment falls under the __________ jurisdiction membership of the labor organization concerned and to
of the Mediator-Arbiter. examine their books of accounts and other records to
determine compliance or non-compliance with the law
a) exclusive and prosecute any violation of the law and the union
b) original constitution and by-laws.
c) original and exclusive
d) limited a) Visitorial
b) Examination a) original and exclusive
c) Inquiry b) exclusive and appellate
d) Investigation c) original and appellate
d) original and concurrent
41) In this case, it was clearly pointed out that original
jurisdiction over complaints for examination of union
accounts is vested not in the Med-Arbiter but in the 47) Are all cases under the Bureau of Labor Relations
DOLE Regional Director. under the DOLE Regional Directors, Med-Arbiters,
and the BLR Director?
a) Anes v. Arlito
b) Deneses v. Dionisio a) Yes, the term ‘BLR’ in terms of jurisdiction
c) Chenes v. Chito refers to the DOLE Regional Directors, Med-
d) Barles v. Bitonio Arbiters, and the BLR Director.
b) Yes, they have concurrent original and
42) When request for SEBA Certification is made in appellate jurisdiction over labor cases.
an _____ establishment with _____, it should be filed c) No, the term ‘BLR’ in terms of jurisdiction
with the DOLE Regional Director, who will make an must solely refer to the BLR Director.
immediate determination on whether there is a d) No, only the BLR Director and Med-
majority support by the members of the bargaining unit Arbiters have jurisdiction over cases under the
to the requesting union. BLR.

a) organized ; with four legitimate union 48) The following cases fall under the appellate
b) unorganized ; with three legitimate union jurisdiction of the BLR Director, except:
c) organized ; with two legitimate union
d) unorganized ; with only one legitimate union a) Registration of multi-employer CBAs or
petitions for deregistration thereof
43) In case the request for SEBA certification is made b) Notice of merger, consolidation, affiliation,
in an unorganized establishment with only one (1) and change of name of unions and/or petition
legitimate union, who has jurisdiction? for denial thereof
c) None of the above
a) Labor Arbiter d) Both a and b
b) DOLE regional director
c) Med-Arbiter 49) The High Court pointed out that Article 232 of the
d) Secretary of Labor Labor Code clearly provides that the BLR Director and
the Regional Directors of DOLE _______________
44) The DOLE Regional Director never issues a over inter-union and intra-union disputes.
"SEBA Certification", what is done is the mere
recording of the "_______________" a) concurrent
b) appellate
a) Notice of Voluntary Recognition c) exclusive
b) Notice of Certification Election d) original
c) Notice of Voluntary Election
d) Notice of SEBA Certification 50) The Supreme Court had occasion to distinguish the
appellate jurisdiction of the BLR Director from that of
45) The Med-Arbiter would acquire original the DOLE Secretary in the case of
jurisdiction over the request for SEBA Certification in ______________________________.
case the request is made in an _________________
with only one legitimate union; an a) Abbot Laboratories Philippines , Inc vs.
_____________________ with more than one Abbott Laboratories Employees Union
legitimate union; and in an _________________ b) Barles vs Bitorio
establishment. c) Dai-Chi Electronics Manufacturing
Corporation vs Hon. Villarama
a) organized; organized; unorganized d) San Miguel Corporation vs NLRC
b) organized; unorganized; unorganized
c) unorganized; unorganized; organized 51) Generally, decisions of the Med-Arbiter on intra-
d) unorganized; organized; organized union disputes, in the exercise of its original and
exclusive jurisdiction, is appealable to the
46) The BLR exercises two kinds of jurisdiction, ________________ .
namely:
a) DOLE Regional Director
b) Labor Arbiter books of accounts and records of any person or entity
c) President of the Philippines covered by this Title, require to submit reports
d) BLR Director regularly on prescribed forms, and act on violation of
any provisions of this Title.
52) The DOLE Secretary has ___________________
over decisions of the BLR Director rendered in the a) Visitorial Power
exercise of his appellate jurisdiction over decisions b) Visitorial Inspection
made by Med-Arbiters and DOLE Regional Directors c) Ocular Inspection
in the exercise of their respective original and d) None of the above.
exclusive jurisdictions.
58) The order of the Regional Director shall be final
a) Jurisdiction and executory unless appealed to the Secretary of
b) Limited jurisdiction Labor within _______ from receipt thereof.
c) Exclusive jurisdiction
d) No jurisdiction a) 10 calendar days.
b) 15 calendar days.
53) All decisions, awards or orders rendered by the c) 10 working days.
DOLE Regional Director are appealable to BLR d) 15 working days.
director.
59) In the 2014 case of ________, the motu proprio
a) False because such are appealable to the referral to the BLR Director by the DOLE Secretary of
regular courts. an appeal erroneously filed before him from the
b) False as these are not subject to appeal. decision of the DOLE Regional Director ordering the
c) False because there are only certain cases cancellation of respondent union’s registration was
that are appealable. held valid. Consequently, by reason of such referral,
d) True the BLR Director can then validly act on it.

54) The decisions of the Med-Arbiter are appealable to a) Takata


BLR Director. Which of the following is true? b) Heritage Manila
c) Abbott Laboratories
a) The rule is absolute. d) Robosa
b) Med-Arbiter's decision is not subject to
appeal. 60) True or False
c) Decisions rendered by the Med-Arbiter are Exception when DOLE Secretary may entertain appeal
appealable directly to the DOLE Secretary directly from the DOLE Regional Director’s decision
d) this rule is subject to exceptions. without passing through the BLR Director.

55) The ____________ shall exercise original and I. Jurisdiction to review the decisions of the DOLE
exclusive jurisdiction over application for union Regional Directors over certain cases lies with the
registration, petitions for cancellation of union BLR Director.
registration and complaints for examination of union II. No appeal from the DOLE Regional Director’s
books accounts. decision can directly be filed with the DOLE Secretary
who has no appellate jurisdiction thereover.
a) Labor Arbiter
b) Regional Director a) True, True
c) Med Arbiter b) True, False
d) Voluntary Arbitrator c) False, False
d) False, True
56) The following are decisions appealable to the BLR
Director, except? 61) For purposes of appeal, the issue of union
registration involves two (2) situations, they are:
a) Union registration related case
b) Notice of merger, consolidation, affiliation a) Denial of application for union registration
and change of name of said unions and or b) Revocation or cancellation of union
petition for denial thereof. registration
c) CBA related cases c) Neither a and b
d)None of the choices d) Both a and b

57) The Secretary of Labor or his duly authorized 62) Statement I: If the denial of the registration
representative may, at any time, inspect the premises, application or revocation or cancellation of union
registration is made by the DOLE Regional Director, c) Both A and B
in the exercise of his original and exclusive d) Administrative officer has no power of
jurisdiction. contempt.
Statement II: In cases involving independent unions,
local chapters/chartered locals and worker’s 67) The remedy of appeal involved in the cases
associations, the same may be appealed to the BLR contemplated under Article 232 is available only up to
Director whose decision on the matter shall be final the level of either the:
and inappealable.
a) BLR Director or the DOLE Secretary
a) True; False b) Labor Arbiter or the DOLE Secretary
b) False; True c) Med- Abiter or the BLR Director
c) True; True d) DOLE Secretary or the Labor Arbiter
d) False; False
68) 934
63) If the registration of single-enterprise CBAs are
denied by the Regional Director, what is the remedy? 69) It is an agency attached to the DOLE principally
in-charge of the settlement of labor disputes through
a) file an appeal with the BLR Director conciliation, mediation, and voluntary arbitration. It is
within ten (10) days from the receipt of the also charged with the promotion of voluntary
notice of denial approaches to labor dispute prevention and settlement.
b) file an appeal with the BLR Director within
fifteen (15) days from the receipt of the notice a) Voluntary Arbitrator
of denial b) NLRC
c) file an appeal with the BLR Director within c) NCMB
ten (10) days from the decision d) Labor Dispute Prevention and
d) file an appeal with the BLR Director within Settlement
twenty (20) days from the receipt of the notice
of denial 70) This refers to an officer of the NCMB whose
principal function is to assist in the settlement and
64) Which administrative body has appellate disposition of labor-management disputes through
jurisdiction over the denial of application for conciliation and preventive mediation, including the
registration of labor organization made by the BLR promotion and encouragement of voluntary approaches
Director, in the exercise of his original and exclusive to labor disputes prevention and settlement.
jurisdiction in cases involving federations?
a) Voluntary Arbitrator
a) NLRC b) Conciliator Mediator
b) Labor Arbiter c) Mediator
c) Voluntary Arbitrator d) Labor Arbiter
d) DOLE Secretary
71) I. NCMB refers to the National Conciliation
65) Which of the following statements pertain to Mediation Board.
Direct contempt? II. The NCMB is a quasi-judicial agency.

a) A person guilty of misbehavior in the a) True, true


presence of or so near the BLR Director as to b) False, false
obstruct or interrupt the proceedings before c) True, false
him. d) False, true
b) Disrespect towards, offensive personalities
towards others, or refusal to be 72) Who has jurisdiction over conciliation, mediation
sworn or to answer as a witness and voluntary arbitration cases?
c) Refusal to Subscribe an affidavit or
deposition when lawfully required to do so. a) Labor Arbiter
d) All of the choices b) BLR
c) NCMB
d) None of the above
66) The following are the penalties for direct contempt
except? 73) Why are there no marked distinctions between
conciliation and mediation?
a) a fine not exceeding P100.00
b) imprisonment not exceeding one (1) day.
a) The reason is that in both cases, a neutral II. By conversion of the notice of strike or lockout into
third party (called Conciliator or Mediator) is a preventive mediation case
tasked to assist two or more opposing parties
in finding appropriate resolution to a dispute. a) Both statements are correct
b) Because there is no separate classification b) Only statement I is correct
between conciliators and mediators. c) Only statement II is correct
c) It is due to the fact that these two words are d) Neither statements are correct
synonymous and they mean the same exact
thing. 79) It has the authority to convert a notice of strike/
d) none of the choices lockout filed by the union/ employer into a preventive
mediation case.
74) In other jurisdictions, what is the principal
distinction between conciliation and mediation? a) NCMB
b) NLRC
a) The principal distinction lies on the extent c) DOLE
of the power and authority granted to the d) Labor Arbiter
neutral third party.
b) In Philippine law and jurisprudence, there 80) When among the following circumstances can the
was no distinction embodied between these NCMB convert a notice of strike/ lockout into a
two. preventive mediation case?
c) There seems no distinctions that could or
may exist between these two terms. a) When the issues raised in the notice of
d) none of the choices strike/lockout are strikable in character
b) When the party which filed the notice of
75) Statement 1: Conciliator is given more power and strike/ lockout involuntarily asks for the
authority than Mediator. conversion
Statement 2: Conciliation is more formal than c) When both parties to a labor dispute
mediation in the sense that the Conciliator’s opinion mutually agree to have it subjected to
may be binding on the parties. preventive mediation proceeding
d) None of the choices
a) true, true
b) false, false 81) Once the notice of strike is converted into a
c) true, false ______________, the notice is deemed ________
d) false, true from the dockets as if no notice of strike has been
filed.
76) The privileged nature of the communication in
conciliation and mediation proceedings applies to: a) Preventive suspension case; revived
b) Preventive arbitration case; reinstated
a) Conciliation and mediation proceeding c) Preventive mediation case; dropped
before BLR d) Preventive maintenance; refiled
b) Med-Arbiter
c) Labor Arbiter 82) In case of conversion of a notice of strike or
d) Commissioner of the NLRC lockout into a preventive mediation case, if conversion
e) All of the choices is warranted, a _________________ coming from the
____________ handling the case is required after close
77) It is a remedy not found under the Labor Code but consultation with the regional branch director.
under the NCMB, which expressly states that one of its
functions is to provide such to disputing parties. a) Written recommendation;
Conciliator-Mediator
a) Preventive Mediation b) Certification; Voluntary Arbitrator
b) Writ of Preliminary Injunction c) Written Order; Employer
c) Habeas Corpus d) Verification; regional Branch Director.
d) Certification Election
83) Statement I: The moment the NCMB orders the
78) The following are ways to initiate Preventive preventive mediation in a strike case, the union
Mediation: thereupon loses the notice of strike it had filed.
Statement II: If the union still defiantly proceeds with
I. By filing a notice or request of preventive mediation, the strike while mediation is ongoing, the strike is
as distinguished from a notice of strike or lockout illegal.
a) Only Statement I is correct 88) The issue of majority representation in the
b) Only Statement II is correct bargaining unit remains unresolved until the
c) Both Statement I and Statement II are ____________ shall have been conducted and a
correct SEBA is proclaimed as a result thereof.
d) Both Statement I and Statement II are
not correct a) Certification election
b) Run-off election
84) Refers to the duly authorized representatives of the c) Consent election
DOLE Secretary referred in Article 18 of the Labor d) None of the above
Code which grants to them both visitorial and
enforcement powers. 89) Who shall have access to employer’s records and
premises at any time of the day or night whenever
a) DOLE Regional Director work is being undertaken therein, and the right to copy
b) Med- Arbiters therefrom, to question any employee and investigate
c) BLR Director any fact, condition or matter which may be necessary
d) Labor Arbiter to determine violations or which may aid in the
enforcement of the Labor Code and of any labor law,
85) The DOLE Regional Director have original and wage order or rules and regulations issued pursuant
exclusive jurisdiction over the following cases, except: thereto.

a) Visitorial (inspection) cases under Article 37 a) The Secretary of Labor and Employment or
b) Visitorial (inspection) cases under Article 128 his duly authorized representatives, excluding
c) Visitorial cases under Article 289 labor regulation officers
d) Wage distortion issue arising from b) The Secretary of Labor and Employment
application of Regional Tripartite Wages and or his duly authorized representatives,
Productivity including labor regulation officers
c) The Labor Arbiter or his duly authorized
86) The following is considered small money claims representatives, including labor regulation
arising from labor standards violation under the officers
jurisdiction of DOLE Regional Director: d) The Labor Arbiter or his duly authorized
representatives, excluding labor regulation
a) Claims in the amount not exceeding officers
P10,000 and not accompanied with claim for
reinstatement. 90) Who are the duly authorized representatives of the
b) Claims in the amount not exceeding P3,000 DOLE Secretary in charge of the administration and
and not accompanied with claim for the enforcement of labor standards within their
reinstatement. respective territorial jurisdictions?
c) Claims in the amount not exceeding
P5,000 and not accompanied with claim for a) DOLE Regional Directors
reinstatement. b) Labor Arbiters
d) Claims in the amount not exceeding c) NLRC
P15,000 and not accompanied with claim for d) Med-Arbiters
reinstatement.
91) The following are the three kinds of power under
87) The employer has no duty to bargain Article 128 of the Labor Code except
collectively:
a) Search and seizure power
(1) With a union whose PCE is still pending and, b) Visitorial power
therefore, it has yet to be certified as the SEBA; c) Enforcement power
or d) Appellate power
(2) If the majority status of the current SEBA is
being challenged and contested by other unions in 92) The visitorial and enforcement powers granted to
the bargaining unit which seasonably filed PCE/s the DOLE Secretary and the DOLE Regional
within the 60day freedom period Directors who are his duly authorized representatives
are ____________- in nature
a) Both are true
b) Both are false a) Quasi-judicial
c) Only statement 1 is true b) Mandatory
d) None of the above c) Ministerial
d) Emergency
98) The ________ exercises original jurisdiction over
93) Under Article 289 of the Labor Code, The the visitorial and enforcement power.
Secretary of Labor and Employment or his duly
authorized representatives may exercise the following a) Labor Arbiter
powers, except: b) RTC
c) DOLE Secretary
a) inquire into the financial activities of d) DOLE Regional Director
legitimate labor organizations
b) examine their books of accounts 99) Who has the authority to administer and enforce
c) determine compliance or non-compliance labor standards under Article 128(b) of the Labor
with the law Code?
d) all of the above
e) none of the above a) DOLE Regional Directors
b) Voluntary Arbitrator
94) Under article 128 (b) the DOLE Regional c) Labor Arbiter
Directors have the power to: d) Med-Arbiter

a) issue compliance orders to give effect to the 100) The DOLE Regional Director has the power to
labor standards provisions of the Labor Code require employers, by appropriate regulations, to keep
and other labor legislations and maintain such employment records as may be
b) issue writs of execution to the appropriate necessary in aid of his _______ powers.
authority for the enforcement of their orders,
except in contested cases a) Visitorial and Enforcement
c) to order stoppage of work or suspension of b) Enforcement and Inspection
operations of any unit when non-compliance c) Visitorial and Inspection
with the law poses grave and imminent danger d) Visitorial and Police Power
d) none of the above
e) all of the above 101) Which of the following is NOT a requisite for the
valid exercise of the visitorial and enforcement powers
95) Who has original jurisdiction to exercise the provided under Article 128 of the Labor Code?
visitorial and enforcement powers under articles 37,
128, and 289 of the Labor code. a) Existence of employee-employer
relationship at the time of the initiation of the
a) Labor Arbiter action.
b) DOLE Regional Directors b) The employer has been duly afforded due
c) Voluntary arbitration process in the course of inspection.
d) NLRC c) The findings in question were made in the
course of inspection, regardless of whether it
96) Refers to the minimum requirements prescribed by was initiated by complaint or routine
existing laws,rules and regulations and other issuances inspection.
relating to wages, hours of work, coat of living d) The employees have not yet initiated any
allowances and other and other monetary and welfare claim or complaint with the DOLE Regional
benefits,including those set by occupational safety and Director under Article 129 of the Labor Code.
health services.
102) Which of the following statements is/are true?
a) Labor Standards
b) Labor relations I. The DOLE Regional Direction, in the exercise of his
c) DOLE Implementing rules and guidelines visitorial and enforcement powers, has authority to
d) CBA make determination on whether the employer-
employee relationship exists.
97) What is the subject of the visitorial and II. The finding of existence of employer-employee
enforcement power? relationship is subject to judicial review but not review
by the NLRC.
a) The employee
b) The supervisor of the establishment under a) Only statement I is true.
inspection b) Only statement II is true.
c) The establishment under inspection c) Both statements are true.
d) The labor organization d) Both statements are false.
103) Who has the original jurisdiction over small 108) When the money claim _____ but the the
money claims cases arising from labor standards employee prays for reinstatement, the case falls within
violations in the amount not exceeding P5,000.00 and the original and exclusive jurisdiction of the _____.
not accompanied with a claim for reinstatement under
Article 129 of the Labor Code? a) does not exceed P5,000; Labor Arbiter
b) does not exceed P5,000; DOLE Regional
a) Labor Arbiter Director
b) DOLE Regional Director c) exceeds P10,000; Labor Arbiter
c) Mediator-Arbiter d) exceeds P5,000; DOLE Regional Director
d) None of the Above
109) There is no more appeal to the __________ in
104) The following statements are the requisites for the monetary claims cases of Kasambahays decided by
valid exercise of jurisdiction over small money claims DOLE Regional Directors.
except:
a) NLRC
Statement 1: The claim is presented by an employee. b) DOLE
Statement 2: The claimant, no longer being employed, c) RTC
does not seek reinstatement. d) None of the choices
Statement 3: The aggregate money claim of the
employee does not exceed P5,000.00 110) Based on this latest amendment as discussed
above, the jurisdiction over all labor-related disputes
a) Statement 1 involving ____________ , including illegal dismissal,
b) Statement 2 money claims (regardless of amount) and other labor
c) Statement 3 issues, is now lodged entirely with the DOLE Regional
d) All of the Above Director.
e) None of the Above
a) A kasambahay
105) Employment relationship should no longer exist b) Any employee
at the time of the initiation of the complaint for c) Project-based employee
monetary claim under ____________. d) Probationary employee

a) Article 129 111) If the decision of the DOLE Regional director is


b) Article 229 pursuant to article 128 which basically involves
c) Article 128 inspection case, the appeal should be made to the
d) Article 228 .

106) Jurisdiction when the total monetary claims a) DOLE Secretary


exceeds ____________ is lodged with the b) DOLE Regional director
______________. This is regardless whether or not c) NCMB
the monetary claim is accompanied with a claim for d) NLRC
reinstatement. e) None of the above

a) Php 5000; Labor Arbiter 112) If the decision of the DOLE Regional director is
b) Php 5000; NLRC made in accordance with article 129 which does not
c) Php 500; Labor Arbiter involve an inspection case, the appeal should be made
d) Php 500; NLRC to the _____.
107) In small claims cases, the DOLE Regional
Director has jurisdiction over money claims of a) NLRC
Kasambahays up to what threshold? b) DOLE Secretary
c) NCMB
a) The DOLE Regional Director has d) DOLE Regional director
jurisdiction over all money claims regardless e) None of the above
of amount
b) Less than P5000 under Art. 129 113) Which power of the DOLE Secretary is involved
c) The DOLE Regional Director does not have in the Occupational and Safety and Health Standards in
any jurisdiction over money claims of workplaces?
Kasambahays, regardless of amount
d) More than P5000 under Art. 129 a) Visitorial power
b) Injunctive power
c) Regulatory power
d) Power to review 119) This is ______________ in the law which was
appropriately addressed by Department Order No. 83-
114) The law “An Act Strengthening Compliance with 07, Series of 2007, designating all DOLE Regional
Occupational Safety and Health Standards and Directors and Assistant Regional Directors as Ex-
Providing Penalties for Violations Thereof” was signed Officio Voluntary Arbitrators (EVAs).
into law by:
a) cancelled
a) President Rodrigo Duterte b) invalid
b) President Benigno Aquino III c) void
c) President Gloria Macapagal Arroyo d) annulled
d) President Joseph Ejercito Estrada

115) No person or entity shall obstruct, impede, delay 120) Cases referred to EVAs (Ex-Officio Voluntary
or otherwise render ineffective the orders of the DOLE Arbitrators) by ____________ under the DOLE'S
Secretary or the Secretary’s duly authorized Administrative Intervention for Dispute Avoidance
representatives issued pursuant to the authority granted (AIDA) initiative fall under the jurisdiction of the Ex-
under ________ of the Labor Code. Officio Voluntary Arbitrators, the DOLE Regional
Directors and their Assistants.
a) Article 126
b) Article 127 a) the DOLE Regional Office
c) Article 128 b) the DOLE Regional Directors
d) Article 129 c) the DOLE Secretary
d) the DOLE Regional Directors’ assistant
116) If stoppage of work due to imminent danger
occurs as a result of the employer’s violation or fault, 121) Powers of Ex-officio Voluntary Arbitrators:
the employer _________the workers concerned their
wages during the period of such stoppage of work or a) All of the choices
suspension of operations. b) power to hold hearings
c) receive evidence
a) shall pay d) take the necessary actions to resolve the
b) shall not pay dispute
c) may pay
d) may not pay 122) What is to be indicated in a written request to
EVA?
117) The authority to enforce mandatory Occupational
Safety and Health (OSH) Standards may be delegated a) All of the choices
by the DOLE Secretary to . b) Issue or issues to be arbitrated
c) Names and addresses of the parties involved
a) the DOH Undersecretary d) Other information that the parties deem
b) the Labor Arbiter vital in the immediate resolution of the
c) a competent government authority dispute.
d) the Regional Directors
123) Which of the following does not fall within the
118) Statement 1: The DOLE Regional Directors original and exclusive jurisdiction of the DOLE
have original jurisdiction over complaints against a Secretary?
licensee and/or its authorized representative/s which
are filed in writing and under oath with the a) Unfair labor practices
Regional/District/Provincial Office having jurisdiction b) Contempt cases
over them. c) Petition to suspend effects of termination
Statement 2: This jurisdiction of the DOLE Regional d) Petition to certify national interest cases to
Directors covers only complaints against Private the NLRC for compulsory arbitration
Recruitment and Placement Agencies engaged in local
recruitment. 124) Who has the extraordinary power to suspend the
effects of termination of employment which he may
a) Statement 1 is false exercise even pending resolution of the validity or
b) Statement 2 is true legality thereof in an appropriate proceeding?
c) Both statements are true
d) Both statements are false a) Secretary of Labor and Employment
b) Any commissioner of the NLRC
c) Labor Arbiter
d) Voluntary Arbitrator suspension of the effects of termination should be
made at the inception of the labor proceedings.
125) Effects of termination is suspended to bring the
parties back to the _____, that is, their state of a) sufficient
relationship prior to the termination. b) conclusive
c) prima facie
a) status quo anti majorem d) substantial
b) status quo ante majorem
c) status quo anti litem 131) The DOLE Secretary’s Administrative
d) status quo ante litem Intervention for Dispute Avoidance (AIDA) is the
same as the established dispute resolution modes of
126) The Labor Arbiters and the Voluntary Arbitrators mediation, conciliation, and arbitration under the
or Panel of Voluntary Arbitrators are the _____ Labor Code.
referred to in Article 292(b) [277(b)].
a) Depends on the case.
a) true officials b) True.
b) right officials c) False.
c) proper officials d) Only the same as arbitration.
d) appropriate officials
132) A potential or on-going dispute submitted to the
127) The exercise of this power involves only the issue administrative intervention by the DOLE Secretary
of termination of employment which may cause a means a live and active dispute that may lead to a
serious labor dispute or is in implementation of a mass strike, lockout, or massive labor unrest and:
lay-off.
a) Is subject to a complaint filed at the office.
a) Power to suspend the effects of b) Is subject to a notice of strike or lockout at
termination the office.
b) Power to Suspend c) Is not subject of any complaint or notice of
c) Power to assume or certify labor disputes strike or lockout at the time a Request for
d) Power to terminate Intervention is made.
d) Is not subject of any complaint but is
128) The remedy for the power to suspend the effects subject to a notice of strike or lockout at the
of termination is? time a Request for Intervention is made.

a) Immediate reinstatement pending 133) The Office of the Secretary or the Regional
resolution of the termination case Director, in the proper case, shall proceed to intervene
b) automatic return to work of the strikers or after the parties shall have manifested the following
locked-out employees except:
c) Separation pay and benefits
d) Reinstatement after the issue a) They voluntarily submit their potential or
ongoing dispute to intervention by the Office
129) _____________________________________ of the BLR Director.
(AIDA) is a new administrative procedure for the b) There is no pending notice of strike or
voluntary settlement of labor disputes in line with the lockout or any related complaint in relation to
objectives of RA No. 9285, EO No. 523, and the their potential or ongoing dispute.
mandate of the DOLE to promote industrial peace. c) They shall refrain from any strike or lockout
or any form of work stoppage or from filing
a) Administrative Intervention for Dispute any related complaint while the Secretary's
Avoidance intervention is in effect.
b) Administrative Inoculation for Dispute d) They shall abode by the agreement reached,
Avoidance whose terms may be enforced through the
c) Administrative Intervention for Discourse appropriate writs issued by the DOLE
Avoidance Secretary.
d) Administrative Intervention for Dispute
Annulment RATIONALE: They voluntarily submit their potential
or ongoing dispute to intervention by the Office of the
130) The determination of whether a DOLE SECRETARY AND NOT THE BLR
__________________ evidence exists that the DIRECTOR.
termination may cause a serious labor dispute or is in
implementation of a mass lay-off as would justify the
134) The parties and the officials or employees of the
Department of Labor and Employment who took part BASIS: Decisions, awards, or orders rendered by LA
in the intervention proceeding are not allowed to are appealable to the NLRC which exclusive appellate
testify in any court or body regarding the jurisdiction thereof.
____________, submission or positions made by the
parties therein. 138) Which of the following decisions is not
appealable to the DOLE Secretary?
a) disclosures
b) depositions a) Those rendered by the Labor Arbiter
c) disputes b) Those rendered by the NLRC
d) demands c) Those rendered by the BLR Director in the
exercise of his appellate jurisdiction.
135) It was declared in Philtranco Service Enterprises d) All of the choices
Inc. vs. PWU-AGLO that:

a) The DOLE Secretary does not assume the 139) Which of the following statements are true?
role of a Voluntary Arbitrator when he
exercises his extraordinary power of Statement I: The decisions of the DOLE Secretary
assumption of jurisdiction over a national rendered in his appellate jurisdiction may be appealed
interest case. to the President of the Philippines subject to such
b) The DOLE Secretary assumes the role of a conditions or limitations as the president may direct.
Voluntary Arbitrator when he exercises his Statement II: The only way to elevate the decisions of
extraordinary power of assumption of the NLRC to the CA is to initiate an original special
jurisdiction over a national interest case. civil action of certiorari under Rule 65 of the Revised
c) The DOLE Secretary does not assume the Rules of Court.
role of a Voluntary Arbitrator when he
exercises his extraordinary power of a) Only statement I is true
supervision over a national interest case. b) Only statement II is true
d) The President assumes the role of a c) Both statements are true
Voluntary Arbitrator when he exercises his d) Both statements are false
extraordinary power of assumption of
jurisdiction over a national interest case. 140) The following decisions are not appealable to the
DOLE Secretary, except?
136) What is/are the circumstances in Philtranco
Service Enterprises Inc. vs. PWU-AGLO which a) Those rendered by DOLE Regional
removed the case from the coverage of Article 277 Directors in simple or small money claims
(262), and placed it under Article 278 (263) of the under Article 129 of the Labor Code since they
Labor Code? are appealable to the NLRC.
b) Those issued by DOLE Regional Directors
a) The character of the case involving an in their capacity as Ex- Officio Voluntary
impending strike by the employees of Arbitrators (EVAs) since they can be brought
petitioner directly to the CA under Rule 43 of the Rules
b) The nature of the business of the petitioner of Court
as a public transportation company which is c) Those rendered by Voluntary Arbitrators
imbued with public interest which are appealable directly to the CA under
c) The assumption of jurisdiction by the Rule 43 of the Rules of Court.
DOLE Secretary d) None of the choices
d) All of the above
141) Appeals to the DOLE Secretary may originate
137) The office of the DOLE secretary has exclusive from any of the following offices except:
appellate jurisdiction over cases decided by the Labor
Arbiters. a) DOLE Regional Directors
b) Med-Arbiters
a) False as DOLE has the original jurisdiction c) BLR Director
over the matter d) POEA
b) True e) None of the above
c) False, it is the CA which could take
cognizance of such decision if the decisions, 142) Cases falling under the DOLE Regional
awards, or orders are subject to appeal Director’s jurisdiction rendered in the following are
d) False appealable to DOLE Secretary except:
c) BLR Director
a) Visitorial cases under Article 37 d) DOLE Secretary
b) Visitorial and enforcement cases under
Article 128, either routine or initiated through 147) Among the cases cognizable by the Med-Arbiters
a complaint. in their original and exclusive jurisdiction, only
c) Occupational safety and health violations. decision in __________ are appealable to the DOLE
d) None of the above. Secretary.

143) The following are the cases related to private a) inter-union disputes
recruitment and placement agencies (PRPAs) for local b) intra-union disputes
employment, except: c) illegal dismissal
d) payment of wages
a) Applications for license or denial thereof
b) Complaints for suspension or cancellation 148) Cases involving intra-union disputes decided by
of license by reason of administrative offenses the Med-Arbiters are appealable to?
c) Complaints for illegal recruitment; and
Petition for closure of agency a) BLR Director
d) None of the above b) DOLE Sectrary
c) NLRC
144) True or False. Cases not appealable to DOLE d) CA
Secretary 149) Who has exclusive jurisdiction to act on appeals
from the Orders of the Administration (POEA)?
I. Visitorial cases under Article 289 [274], involving
examination of books of accounts of independent a) DOLE Secretary
unions, local chapters/chartered locals and workers’ b) DOJ Secretary
associations – to BLR Director. c) OWWA Secretary
II. Small money claims cases arising from labor d DFA Secretary
standards violations in an amount not exceeding
P5,000.00 and not accompanied with a claim for 150) Who has exclusive jurisdiction to act in the
reinstatement under Article 129- to NLRC. following circumstances?

a) True, True All cases which are administrative in character,


b) True, False involving or arising out of violations of recruitment
c) False, False rules and regulations, including refund of fees
d) False, True collected from land-based OFWs and seafarers and any
violation of the conditions for the issuance of die
145) As regards to Request for SEBA Certification license to
when made in an ______________________, over recruit OFWs.
which the DOLE Regional Director has original
Jurisdiction to issue the SEBA Certification being a) DOLE Secretary
requested. b) DOJ Secretary
c) OWWA Secretary
a) organized establishment with only one (1) d DFA Secretary
legitimate union
b) unorganized establishment with only one 151) The party aggrieved by a decision of the POEA
(1) legitimate union Administration may appeal the same to the office of
c) unorganized establishment with more than the DOLE Secretary within how many days from the
one (1) legitimate union receipt of the copy of the decision?
d) organized establishment with more than one
(1) legitimate union a) 15 calendar days
b) 20 calendar days
146) One who possessed of the original and exclusive c) 30 calendar days
jurisdiction over certification election cases, including d) 60 calendar days
the proclamation of the winning SEBA because the
ensuing certification election cannot be conducted 152) The POEA's jurisdiction over money claims cases
under the directive of the DOLE Regional Director was transferred to:
without his participation.
a) Labor Arbiter
a) Mediator-Arbiter b) DOLE Secretary
b) Labor Arbiter c) Med- Arbiter
d) Court of Appeals 158) When the violation of the CBA consists in the
flagrant and/or malicious refusal to comply with the
153) A grievance or grievable issue is any question economic provisions thereof, the same shall be treated
raised by: as?

I. Employer a) ULP
II. Union b) rights dispute
c) grievable issue
a) I only d) none of the choices
b) II only
c) Either I or II 159) A CBA will not be registered with the DOLE if it
d) Neither I nor II does not contain a provision on grievance
procedure/machinery which is a ______ provision
154) It is a dispute or controversy between the required of all CBAs.
employer and the sole and exclusive bargaining agent
(SEBA) arising from the interpretation or a) must
implementation of their CBA and/or those arising from b) shall
the interpretation or enforcement of company c) should
personnel policies or any claim by either party that the d) will
other party is violating any provisions of the CBA or
company personnel policies. 160) In the absence of any applicable provision in the
CBA, a grievance committee is required to be created
a) Grievance within 10 days from the signing thereof. The
b) Grievance Machinery committee shall be composed of at least ______
c) Grievance Procedure representatives each from the members of the
d) Legal Dispute bargaining and the employer, unless otherwise agreed
upon by the parties.
155) It refers to the mechanism for the adjustment and
resolution of grievances arising from the interpretation a) 2
or implementation of a CBA and those arising from the b) 3
interpretation or enforcement of company personnel c) 4
policies. d) 5

a) Grievance machinery 161) All grievances arising from the ____ or ____ of
b) Grievance procedure the CBA and/or interpretation and enforcement of
c) Grievance system company personnel policies are compulsory subject to
d) None of the above the grievance machinery.

156) It refers to the series of formal steps that parties a) implementation; interpretation
to a CBA agreed to take for the adjustment of b) grievance; machinery
grievances or questions arising out of the interpretation c) machinery; grievance
or implementation of a CBA or company personnel d) interpretation; implementation
policies.
162) Generally, it is ___ who initiates grievance.
a) Grievance machinery
b) Grievance procedure a) Employees
c) Grievance system b) Employer
d) None of the above c) Bargaining unit
d) CBA
157) What are the two kinds of stipulations that a CBA
has? 163) It refers to the mode of settling labor-
management disputes in which the parties select a
a) Economic or non-political provisions and competent, trained and impartial third person who is
Non-economic or political provisions. tasked to decide on the merits of the case and whose
b) Managerial related provisions and employee decision is final and executory.
related provisions.
c) Actionable and non-actionable acts of a) Voluntary arbiter
employers and employees. b) Voluntary arbitrator
d) None of the choices. c) Voluntary arbitration
d) Voluntary arbirteration
a) Only Statement I is correct
164) 982 b) Only Statement II is correct
c) Both Statement I and Statement II are correct
165) Voluntary arbitrators may be classified into two d) Both Statement I and Statement II are not correct
kinds, namely: Permanent Arbitrator and Ad Hoc
Arbitrator. A voluntary arbitrator refers to: 169) If the party upon whom the notice is served fails
or refuses to respond favorably within ____ days from
a) Any person who has been accredited by the receipt thereof, the Voluntary Arbitrator or Panel of
national conciliation and mediation board or Voluntary Arbitrators designated in the CBA should
board as such; any person named or designated commence voluntary arbitration proceedings.
in the CBA by the parties as their voluntary
arbitrator. a) 3
b) One chosen by the parties with or without b) 5
the assistance of the NCMB, pursuant to a c) 7
selection procedure agreed upon in the CBA; d) 10
One appointed by the end NCMB in case
either of the parties to the CBA refuses to 170) If the party upon whom the notice is served fails
submit to voluntary arbitration. or refuses to respond favorably within _____ days
c)None of the above. from receipt thereof, the Voluntary Arbitrator or Panel
d) All of the above of Arbitrators designated in the CBA should
commence voluntary arbitration proceedings.
166) Under the NCMB Revised Procedural Guidelines,
it is provided that if the CBA does not specify the a) 7 calendar days
number of voluntary arbitrators, the case should be b) 7 working days
heard and resolved by a ____________, unless the c) 10 calendar days
parties agree otherwise. d) 10 working days

a) sole voluntary arbitrator 171) Before a party is allowed to seek the intervention
b) group of 5 Voluntary Arbitrators to be of the court, it is ______ that he should have availed of
selected by draw lots. all the means of administrative processes afforded him.
c) Group of 3 Voluntary Arbitrators
selected by the parties. a) a precondition
d) A group of Appointed Voluntary b) mandatory
Arbitrators. c) necessary
d) essential
167) The Voluntary Arbitrator or panel of Voluntary
Arbitrators shall have exclusive and original 172) It is settled that when parties have _______ on a
jurisdiction over the following cases: procedure for resolving grievances and to submit a
dispute to voluntary arbitration, then that procedure
Statement I: Unresolved grievances arising from the should be strictly observed.
interpretation or implementation of the CBA
Statement II: Unresolved grievances arising from the a) validly agreed
interpretation or enforcement of company personnel b) voluntarily agreed
policies c) full-heartedly agreed
d) none of the choices.
a) Only Statement I is correct
b) Only Statement II is correct 173) Where is violation of CBA by the employer as a
c) Both Statement I and Statement II are correct form of ULP mentioned?
d) Both Statement I and Statement II are not correct
a) Article 259 [248]
168) The Voluntary Arbitrator or panel of Voluntary b) Article 258 [248]
Arbitrators shall have exclusive and original c) Article 257 [248]
jurisdiction over the following cases: d) Article 256 [248]

Statement I: Violations of the CBA which are not 174) What is the proper recourse of an employee
gross in character whose grievable issue was not resolved by the
Statement II: Other labor disputes, including unfair Grievance Committee?
labor practices and bargaining deadlocks, upon
agreement of the parties.
a) Elevate his grievance to the Board of a) Bargaining agent
Arbitrators for final decision, pursuant to the b) Bargaining unit
CBA. c) CBA
b) Elevate the case to the Labor Arbiter d) None of the above
c) Elevate the case to the Regional Trial Court
d) Elevate the case to the Court of Appeals 179) Only grievances that are _________ by the
grievance machinery fall under the original and
175) ________ of Collective Bargaining Agreement exclusive jurisdiction of the Voluntary Arbitrators or
shall mean flagrant and/or malicious refusal to comply panel of Voluntary Arbitrators
with the economic provisions of such agreement.
a) Unresolved
a) Gross Violations b) Pending appeal
b) Ordinary Violation c) Resolved
c) Unfair Labor Practice d) Suspended
d) Bargaining Deadlock.
180) Which of the following fall under the original and
176) Violations of a Collective Bargaining Agreement, exclusive jurisdiction of Voluntary Arbitrators or panel
except those which are gross in character, shall no of Voluntary Arbitrators?
longer be treated as unfair labor practice and shall be
resolved as grievances under the CBA. “Gross a) All grievances whether resolved or not by
violation” of CBA shall mean: the grievance machinery
b) Only grievances that are resolved by the
a) Flagrant and/or malicious refusal to grievance machinery
comply with economic provisions of such c) Only grievances that are unresolved by the
agreement. grievance machinery
b) Violation of a CBA which involves non- d) All grievances submitted to the grievance
economic provisions thereof. machinery
c) Both a & b.
d) Neither a nor b. 181) Who has jurisdiction over a company policy
which requires the conduct of simultaneous drug tests
177) Which of the following statement is correct? on all employees from different factories and plants?

a) Cases of national interest assumed by the a) Regional Trial Court


DOLE Secretary’s power or certified to the b) Labor Arbiter
NLRC for compulsory arbitration may, at c) DOLE Secretary
any stage, be withdrawn and submitted to a d) Voluntary Arbitrators
Voluntary Arbitration.
b) Cases of national interest once assumed by 182) Cases cognizable by Voluntary Arbitrators but
the DOLE Secretary’s power or certified to the filed with regular courts should be _________.
NLRC for compulsory arbitration shall no
longer be withdrawn and submitted to a a) dismissed
Voluntary Arbitration. b) disposed of by referring them to the Labor
c) Cases of national interest may only be Arbiters
referred to voluntary arbitration before c) entertained
assumption by the DOLE Secretary’s power or d) disposed of by referring them to the DOLE
certification to the NLRC for compulsory Secretary
arbitration.
d) Cases of national interest pending before 183) Pursuant to this rule, it is required that a parties to
the DOLE Secretary’s power of assumption or a CBA shall or designate their respective
NLRC’ certification shall not be interrupted representatives to the _____ and if the grievance is
and withdrawn for submission to voluntary unsettled in that level it shall automatically referred to
arbitration. the _______ so designated in advance by the parties to
the CBA.
178) The substitution of a _________ cannot be
allowed if the purpose is to subvert an existing CBA a) Mediation; Mediator
freely entered into by the parties. Such act cannot be b) Barangay; Labor arbiter
sanctioned in law or in equity as it is in derogation of c) Grievance machinery; Voluntary
the principle underlying the freedom of contract and Arbitrator
good faith in contractual relations. d) Labor Organization; Regular Court
184) The Voluntary Arbitrator or Panel of Voluntary technical rules applicable to court or judicial
Arbitrators shall exercise jurisdiction over a specific proceedings but they must, at all times, comply with
case only upon receipt of any of the following except: the requirements of due process.

a) Submission Agreement duly signed by the a) Voluntary Arbitrator


parties b) Med-Arbiter
b) Demand or Notice to arbitrate when there is c) Conciliator
refusal to arbitrate by one party d) DOLE Secretary
c) Appointment as Voluntary Arbitrator by the e) None of the above
NCMB
d) None of the Choices 190) The proceedings before a Voluntary Arbitrator
are _____________in nature. They are not governed
185) It refers to a written agreement by the parties by technical rules applicable to court or judicial
submitting their case for arbitration, containing a proceedings but they must, at all times, comply with
statement of the issues, the name of their chosen the requirements of due process.
Voluntary Arbitrator and a stipulation and an
undertaking to abide by and comply with the resolution a) Litigious
that may be rendered therein, including the cost of b) Non-litigious
arbitration. c) Adversarial
d) Non-adversarial
a) Notice to Arbitrate
b) Submission Agreement 191) True or false.
c) Demand to Arbitrate Statement I: Cases falling under the Free Legal Aid
d) Appointment of Voluntary Arbitrator and Voluntary Arbitration Services (FLAVAS) are
mandated to follow the expedited procedures in
186) Which of the following refers to a written voluntary arbitration proceedings
agreement by the parties submitting their case for Statement II: The reliefs granted under Art. 294 of the
arbitration, containing a statement of the issues, the Labor Code may be granted by both Voluntary
name of their chosen Voluntary Arbitrator and a Arbitrators and Labor Arbiters.
stipulation and undertaking to abide by and comply Statement III: Voluntary Arbitrators may conduct
with the resolution that may be rendered therein, arbitration proceedings according to such rules that the
including the cost of arbitration? parties may jointly prescribe.

a) Arbitration Agreement a) All statements are true.


b) Submission Agreement b) Only two statements are true.
c) Mutual Arbitration Agreement c) Only one statement is true.
d) Mediation-Arbitration Contract d) None of the statements are true.

187) Consider the following statements: RATIONALE: Statement 1 is false. The expedited
procedures in voluntary arbitration proceedings as
I. A Submission Agreement is used where there is no prescribed by the Tripartite Voluntary Arbitration
previous agreement to arbitrate Advisory Council does not apply to cases falling under
II. A Notice to Arbitrate is used where there is an FLAVAS.
arbitration clause in the CBA.
192) The Voluntary Arbitrator or panel of Voluntary
a) Both statements are true. Arbitrators may grant the same reliefs and remedies
b) Both statements are false granted by Labor Arbiters under Article 294 [279] of
c) Only I is true the Labor Code, such as the following, except:
d) Only II is true
a) Reinstatement
188) It is used where there is no previous agreement to b) Separation pay in lieu of reinstatement, in
arbitrate. It is sometimes called agreement to arbitrate. case reinstatement becomes impossible, non-
feasible or impractical
a) Submission Agreement c) Full backwages
b) Stipulation d) None of the above
c) Arbitration
d) Both a & b 193) The prescriptive period of money claims and
benefits arising from employer- employee relationship
189) The proceedings before a are is ______________ reckoned from the time the cause
non-litigious in nature. They are not governed by of action accrued.
a) 1 year
b) 6 years
c) 3 years
d) 5 years

194) The prescriptive period of illegal dismissal cases


is years and not years.

a) three; four
b) three; five
c) four; three
d) five; four

195) What is the prescriptive period for criminal


complaints involving unfair labor practices?

a) 1 year from time acts complained of were


committed
b) Imprescriptible
c) 2 years from time acts complained of were
committed
d) Depends on the circumstances of the case

196) The prescription period of all criminal offense


penalized under the Labor Code and its Implementing
Rules is?

a) three (3) years from the time of


commission thereof
b) three (3) years from discovery
c) a year from the time of commission thereof
d) a year from discovery

197) The prescriptive period of simple illegal


recruitment cases is _____.

a) 20 years
b) 15 years
c) 10 years
d) five years

198) The prescriptive period of simple illegal


recruitment cases is ______ year/s.
The prescriptive period of illegal recruitment cases
involving economic sabotage is _______ year/s.

a) 2, 10
b) 5, 20
c) 5, 10
d) 2, 5

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