MOLINA, ALLAN A.

Stud No. 23-838RL

LABOR LAW FINAL EXAM

I.
a. Yes. Supervisory employees are allowed to join unions.
Supervisory employees are afforded trust and confidence from
their employers to exercise supervision to the rank and file
employees. However, no less than the Labor Code allows the
supervisor employees to form their own union separate from the
union of the rank and file employees.
Therefore, Supervisory employees are allowed to for unions.

b. Should there be a comingling between supervisory employees

and the rank and file employees in the union, the union cannot
obtain legitimacy. In doing so, there exists conflicting interest from
the representation of the rights of the employees to bargain and
the fiduciary relationship of the supervisory employees from the
employer.

c. Yes. If the union of rank and file and supervisory union join in one
federation or national union.

II.
a. Confidential employees are not entitled to the benefits afforded by
the labor standards as to hours of work, wages, holiday pay and
other benefits. While confidential employees cannot, in the nature
of their work, form a union under labor relations.
b. No. Confidential employees, by the very nature of their functions,
assist and act in a confidential capacity to, or have access to
confidential capacity to, or have access to confidential matters of,
persons who exercise managerial functions in the field of labor
relations.

III.

No. Y should not be terminated.

In one case decided by the court, it was held that a union
security clause that is in conflict with the religious belief of the
employee is null and void. It is a constitutional right of the faithful
the right to religion and cannot be superseded by any law,
contracts or agreement.
Hence, Y should not be terminated.
IV.
a. The test to determine the appropriate bargaining unit are the
following:

a. Substantial Mutual Interest Rule- under this rule, the

employees sought to be represented by the collective
bargaining agent must have substantial mutual interest in
terms of employment and working conditions as evinced by
the type of work they perform.
b. A test where 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.
c. Collective Bargaining History-enunciates that prior
collective bargaining history and affinity of the employees
should be considered in determining the appropriate
bargaining unit.
d. Employment Status- the determination of appropriate
bargaining unit based thereon is considered an acceptable
mode.

b. Yes. Under substantial mutual interest doctrine.

Under this rule, the employees sought to be represented by the
collective bargaining agent must have substantial mutual
interest in terms of employment and working conditions as
evinced by the type of work they perform.

V.
a. Yes. The votes of the probationary and dismissed employees
should be counted. Probationary employees also enjoy the right to
self-organization and to be represented by the union and the
dismissed employees are not yet separated from their
employment unless their dismissal is final and executory. In this
case, their dismissal is still on appeal.
 b. Yes. There is a valid election since the majority of all the
employees casted their votes. In this case, there are 600
employees and the med arbiter casted 490 valid votes. The votes
validly obtained is way beyond the majority rule. Thus, there is a
valid election.

c. No. Union A cannot be declared the winner. In order for union

A to be declared the winner, it should have obtained the 246
votes representing the 50% votes of the total 490 votes
obtained by the four contending unions.

d. No union shall represent the rank and file employees.

VI.
Run-off election refers to an election between the labor unions
receiving the two highest number of votes when a certification election
which provides for three or more choices results in no choice receiving a
majority of the valid votes cast, provided, that the total number of votes for
all contending unions is at least fifty percent of the number of votes cast.
While Re-run elections refers to an election conducted to break a tie
between the contending unions, including between no union and one of the
unions. It is resorted to when there is a failure of election.

VII.
No, the contention of A is not meritorious.
While it is true that a union cannot deduct automatically a union due
without obtaining authority from a non-union member, it is settled
exemption that when a non-union member is benefited from the CBA of the
SEBA, the SEBA can collect dues to a non-union member without obtaining
authority from the non-union member. Hence, XYZ-EU can collect from A.
Therefore, the contention of A is unmeritorious.

VIII.

a. Under the labor code, the union may renegotiate all the terms of the
CBA not later than three years after its execution.
b. The representation aspect can only be questioned during the sixty
days freedom period of the CBA.

IX.
 Seven days waiting period is counted from the time of submission of
strike vote report to NCMB while cooling of period is counted from the
filing of the notice of strike/Lockout with NCMB.

X.

If the strike is declared to be illegal, union officers who knowingly

participate may be terminated. Meanwhile, union members cannot be
terminated for participating in an illegal strike. In addition, a proof must be
submitted to prove that union members committed illegal acts during the
strike.

XI.

A) Upon the receipt of the unfavorable judgment, the proper remedy is

to file a motion for reconsideration within 10 days.

B) In case when the NLRC denied the motion for reconsideration, the
ultimate remedy is to file a petition for certiorari in court of appeals
on the following grounds: 1) grave abuse of discretion amounting to
lack or excess of jurisdiction; and/or 2) question of facts or laws.

XII.

No, unfair practice does not per se constitute unfair labor practice.

Under the Labor Code, Jurisprudence is instructive that no matter

how unfair the labor practice is, if it does not deal on the economic
provision of the CBA, it does not constitute unfair labor practice.