I.

Under the jurisprudence, an illegally dismissed employee is entitled to two reliefs:

backwages and reinstatement. The two reliefs provided are separate and distinct. In
instances where reinstatement is no longer feasible because of strained relations
between the employee and the employer, separation pay is granted. In effect, an illegally
dismissed employee is entitled to either reinstatement, if viable, or separation pay if
reinstatement is no longer viable, and backwages. The normal consequences of
respondents' illegal dismissal, then, are reinstatement without loss of seniority rights, and
payment of backwages computed from the time compensation was withheld up to the
date of actual reinstatement. Where reinstatement is no longer viable as an option,
separation pay equivalent to one (1) month salary for every year of service should be
awarded as an alternative. The payment of separation pay is in addition to payment of
backwages.
Reinstatement restores the employee who was unjustly dismissed to the position
from which he was removed, that is, to his status quo ante dismissal, while the grant of
backwages allows the same employee to recover from the employer that which he had
lost by way of wages as a result of his dismissal.

No. The labor arbiter cannot impose any penalties on the employer for non-
remittance of the contributions to the SSS, Philhealth and PAG -IBIG. According to the
Article 224 of the Labor Code par. (6) that Labor Arbiters have jurisdiction over the
following cases except claims for employees compensation not included in the next
succeeding paragraph, social security, medicare and maternity benefits and to the Article
202 that an employer who is delinquent in his contributions shall be liable to the System
(Social Security System) for the benefits which may have been paid by the System to his
employees or their dependents, and any benefit and expenses to which such employer
is liable shall constitute a lien on all his property, real or personal, which is hereby
declared to be preferred to any credit, except taxes. The payment by the employer of the
lump sum equivalent of such liability shall absolve him from the payment of the delinquent
contribution and penalty thereon with respect to the employee concerned.

II.
Yes. Under Article 220 of the Labor Code, the Commission shall sit En Banc only for
purposes of promulgating rules and regulations governing the hearing and disposition of
cases before its Divisions and Regional Arbitration Branches, and for the formulation of
policies affecting its administration and operations. It may, on temporary or emergency
basis, allow cases within the jurisdiction of any Division to be heard by any other Division
whose docket allows the additional workload and such transfer will not expose litigants to
unnecessary additional expense.
 III.
The employee must fill out the SEnA form or RFA (Request for Assistance) for
conciliation. It is mandated by law that SEnA will be conducted within 30 days. If the both
parties did not agree to conciliate, the officer of the SEnA will refer the case to the Labor
Arbiter. Under the law, Labor Arbiter will review the case within 30 days from the time
when the case submitted for a resolution. However, if the laborer is a migrant, Labor
Arbiter will review the case within 90 days from the time when the case submitted for a
resolution.
If there's a resolution from Labor Arbiter and is adverse, the aggrieved party may
file an appeal to the appellate body which is the NLRC. They may file immediately a
memorandum of appeal within 10 calendar days to the National Labor Relations
Commission. If the decision is adverse, an aggrieved party may file a motion for
reconsideration within 10 days from the time they receive the decision. However, if the
motion for reconsideration is denied to the NLRC, they may file a petition for certiorari
within 60 calendar days from the time they receive the resolution to the Court of Appeals.
NOTE: If the party loses to the lower courts, the aggrieved party will file a petition and ask
for a TRO or temporary restraining order under Rule 58 of the Rules of Court. They may
ask for an injunction. If the party did not ask for a TRO, the winning litigant can execute
the order that the petition will not stop the running of a period.
If the decision of Court of Appeals to the petition is denied, they may file a motion
for reconsideration to the CA within 15 calendar days from the time they receive the
decision. However, if the motion is denied, the aggrieved may file to the Supreme Court
for petition for review on certiorari under Rule 45 of the Rules of Court within 15 calendar
days from the time they receive the decision.

IV.
Under the law, applications for registration of independent labor unions, chartered
locals, workers' associations shall be filed with the Regional Office where the applicant
principally operates. It shall be processed by the Labor Relations Division at the Regional
Office. However, applications for registration of federations, national unions or workers'
associations operating in more than one region shall be filed with the Bureau or the
Regional Offices but shall be processed by the Bureau.
The application for registration of any federation, national, or industry union or
trade union center shall be filed within the Bureau of Labor Relations. If the application is
filed with the Regional Office, it shall be immediately forwarded to the Bureau within 48
hours from filing, together with al the documents supporting the registration.
 Moreover, the application for registration of an independent labor union shall be
accompanied by the following documents: (1) the name of the applicant labor union, its
principal address, the name of its officers and their respective addresses, approximate
number of employees in the bargaining unit where it seeks to operate, with a statement
that it is not reported as a chartered local of any federation or national union;
(2) the minutes of the organizational meeting(s) and the list of employees who participated
in the said meeting(s);
(3) the name of all its members comprising at least 20% of the employees in the
bargaining unit;
(4) the annual financial reports if the applicant has been in existence for one or more
years, unless it has not collected any amount from the members, in which case a
statement to this effect shall be included in the application;
5) the applicant's constitution and by-laws, minutes of its adoption or ratification, and the
list of the members who participated in it. The list of ratifying members shall be dispensed
with where the constitution and by-laws was ratified or adopted during the organizational
meeting. In such a case, the factual circumstances of the ratification shall be recorded in
the minutes of the organizational meeting(s).
Meanwhile, the application for registration of federations and national unions shall
be accompanied by the following documents:
(1) a statement indicating the name of the applicant labor union, its principal address, the
name of its officers and their respective addresses;
(2) the minutes of the organizational meeting(s) and the list of employees who participated
in the said meeting(s);
(3) the annual financial reports if the applicant union has been in existence for one or
more years, unless it has not collected any amount from the members, in which case a
statement to this effect shall be included in the application;
(4) the applicant union's constitution and by-laws, minutes of its adoption or ratification,
and the list of the members who participated in it. The list of ratifying members shall be
dispensed with where the constitution and by-laws was ratified or adopted during the
organizational meeting(s). In such a case, the factual circumstances of the ratification
shall be recorded in the minutes of the organizational meeting(s);
(5) the resolution of affiliation of at least ten (10) legitimate labor organizations, whether
independent unions or chartered locals, each of which must be a duly certified or
recognized bargaining agent in the establishment where it seeks to operate; and
(6) the name and addresses of the companies where the affiliates operate and the list of
all the members in each company involved. AND, The report of creation of a chartered
local shall be accompanied by a charter certificate issued by the federation or national
union indicating the creation or establishment of the chartered local.

V.
Under the law, such legal personality may be questioned only through an
independent petition for cancellation of union registration and not by way of collateral
attack in petition for certification election proceedings under the Rules.

VI.
Under the Art. 242 of the Labor Code, a legitimate labor organization shall have
the right:
(1) To act as the representative of its members for the purpose of collective bargaining;
(2) To be certified as the exclusive representative of all the employees in an appropriate
bargaining unit for purposes of collective bargaining;
(3) To be furnished by the employer, upon written request, with its annual audited financial
statements, including the balance sheet and the profit and loss statement, within thirty
(30) calendar days from the date of receipt of the request, after the union has been duly
recognized by the employer or certified as the sole and exclusive bargaining
representative of the employees in the bargaining unit, or within sixty (60) calendar days
before the expiration of the existing collective bargaining agreement, or during the
collective bargaining negotiation;
(4) To own property, real or personal, for the use and benefit of the labor organization
and its members;
(5) To sue and be sued in its registered name; and
(6) To undertake all other activities designed to benefit the organization and its members,
including cooperative, housing, welfare and other projects not contrary to law.
On the other hand, the following are the rights of the union members pursuant to
the provisions of Article 241 of the Labor Code:
I. Political Right - refers to the right to vote and be voted for subject to the qualifications
mandated by law.
2. Right to Participate in Policy and Decision Making - every member has the right to
participate in policy and decision-making and make his voice heard through democratic
processes.
3. Rights over the Funds of the Union - all union members have the right against
imposition of excessive fees, against unauthorized collection and disbursements, to
demand accounting and auditing of union funds, access financial records, vote on
compensation of officers, vote on special assessments and issue written authorization on
special assessments.

VII.
Common types of union security clauses are as follows:
(1) Maintenance of membership is an agreement whereby employees who are members
of the union must maintain their membership during the term of the contract as a condition
of continued employment.
(2) Closed shop is an agreement whereby an employer shall hire only members of the
union who must continue to remain members in good standing to keep their jobs.
(3) Union shop is an agreement whereby an employer may hire a non-union member, but
to retain employment such employee must become a union member after some period of
time and maintain the membership in good standing.
(4) Open shop is an arrangement on recruitment whereby an employer may hire any
employee, union member or not, but the new employee must join the union within a
specified time and remain a member in good standing.
However, union security clauses are not considered unfair labor practices. Under
the jurisprudence, the Supreme Court ruled that union security clauses are governed by
law and by principles of justice, fair play and legality. Union security clauses cannot be
used by union officials against an employer, much less their own members, except with
a high sense of responsibility, fairness, prudence and judiciousness. A union member
may not be expelled from her union, and consequently from her job, for personal or
impetuous reasons or for causes foreign to the closed shop agreement and in a manner
characterized by arbitrariness and whimsicality.

VIII.
To determine the appropriate bargaining unit, the Supreme Court has time and
again applied the four tests:
(1) will of the employees (Globe doctrine) - it was enunciated in the United States case
where it was ruled, in defining the appropriate bargaining unit, that in a case where the
company’s production workers can be considered either as a single bargaining unit
appropriate for purposes of collective bargaining or, as three (3) separate and distinct
bargaining units, the determining factor is the desire of the workers themselves.
(2) Substantial mutual interests’ principle or community or mutuality of interests rule -
under this rule, the employees sought to be represented by the collective bargaining
agent must have substantial mutual interests in terms of employment and working
conditions as evinced by the type of work they perform. It is characterized by similarity of
employment status, same duties and responsibilities and substantially similar
compensation and working conditions.
(3) prior collective bargaining history - the principle called collective bargaining history
enunciates that the prior collective bargaining history and affinity of the employees should
be considered in determining the appropriate bargaining unit. However, the Supreme
Court has categorically ruled that the existence of a prior collective bargaining history is
neither decisive nor conclusive in the determination of what constitutes an appropriate
bargaining unit.
(4) employment status such as temporary, seasonal and probationary employees - under
the doctrine of employment status, the determination of appropriate bargaining unit based
thereon is considered an acceptable mode. For instance, casual employees and those
being employed on a day-to-day basis, according to the Supreme Court in Philippine
Land-Air-Sea Labor Union vs. CIR, do not have the mutuality or community of interest
with regular and permanent employees. Hence, their inclusion in the bargaining unit
composed of the latter employees is not justified.
According to the law, the effect of the inclusion as union members of employees
outside the bargaining unit shall not be a ground for the cancellation of the registration of
the union. Said employees are automatically deemed removed from the list of
membership of said union.

IX.
Under the law, a Collective Bargaining Agreement is not registered remains valid
and binding between the parties, the employer and the union. However, there is no
contract bar rule as provided by Article 238 of the Labor Code and prevent any legitimate
labor union from filing a petition for certification of election.

X.
The general rule is, in the absence of a collective bargaining agreement duly
registered in accordance with Article 231 of the Labor Code, a petition for certification
election may be filed at any time except:
(a) when a fact of voluntary recognition has been entered or a valid certification, consent
or run-off election has been conducted within the bargaining unit within one (1) year prior
to the filing of the petition for certification election. Where an appeal has been filed from
the order of the Med-Arbiter certifying the results of the election, the running of the one-
year period shall be suspended until the decision on the appeal has become final and
executory;
(b) when the duly certified union has commenced and sustained negotiations in good faith
with the employer in accordance with Article 250 of the Labor Code within the one year
period referred to in the immediately preceding paragraph;
(c) when a bargaining deadlock to which an incumbent or certified bargaining agent is a
party had been submitted to conciliation or arbitration or had become the subject of a
valid notice of strike or lockout;
(d) when a collective bargaining agreement between the employer and a duly recognized
or certified bargaining agent has been registered in accordance with Article 231 of the
Labor Code. Where such collective bargaining agreement is registered, the petition may
be filed only within sixty (60) days prior to its expiry.
For a union to become an exclusive bargaining representative of a particular
establishment, it must emerge as winner in a certification election. The modes of
determining an exclusive bargaining agent:
a) Voluntary Recognition refers to the process by which a legitimate labor union is
recognized by the employer as the exclusive bargaining representative or agent in a
bargaining unit, reported with the Regional Office in accordance with the Rule.
b) Certification 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 or negotiation. A certification election is ordered by the
Department of Labor and Employment.
c) Consent election is 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 or negotiation. A consent election is voluntarily agreed upon by
the parties, with or without the intervention by the Department.
Within twenty-four (24) hours from final canvass of votes, there being a valid
election, the Election Officer shall transmit the records of the case to the Med-Arbiter who
shall, within the same period from receipt of the minutes and results of election, issue an
order proclaiming the results of the election and certifying the union which obtained a
majority of the valid votes cast as the sole and exclusive bargaining agent in the subject
bargaining unit, under any of the following conditions:
(a) no protest was filed or, even if one was filed, the same was not perfected within the
five-day period for perfection of the protest;
(b) no challenge or eligibility issue was raised or, even if one was raised, the resolution
of the same will not materially change the results of the elections.
 XI.
Under the law, any legitimate labor organization may file a request for SEBA Certification
in the Regional Office which issued its certificate of registration or certificate of creation
of chartered local with the statement of existence/nonexistence of other labor
organizations/CBA.

XII.
Under the law, any party to an election may appeal the order or results of the
election as determined by the Med-Arbiter directly to the Secretary of Labor and
Employment on the ground that the rules and regulations or parts thereof established by
the Secretary of Labor and Employment for the conduct of the election have been
violated. Such appeal shall be decided within fifteen (15) calendar days.
The order granting the conduct of a certification election in an organized
establishment and the decision dismissing or denying the petition, whether in an
organized or unorganized establishment, may be appealed to the Office of the Secretary
within ten (10) days from receipt thereof.
The appeal shall be verified under oath and shall consist of a memorandum of
appeal, specifically stating the grounds relied upon by the appellant with the supporting
arguments and evidence.