LABOR LAW II SUMMATIVE TEST

True or False

1. One of the Policies of the State is to ensure the participation of workers in decision
making and policy-making processes affecting their rights, duties and welfare.
2. All combinations or associations of workmen organized concerned with labor
matters are necessarily and technically labor unions.
3. If there is no employer-employee relationship between the parties, there is no basis
for organizing for purposes of collective bargaining.
4. An employee as defined in the Labor Code shall include any individual whose work
has ceased as a consequence of, or in connection with any current labor dispute and
who has not obtained any substantially equivalent and regular employment.
5. A labor organization may be deemed an employer when it is acting as such in
relation to persons rendering services under hire, particularly in connection with its
activities for profit or gain.
6. The question of existence of employer-employee relationship can be considered a
labor dispute that it cannot be adjudicated by regular courts.
7. Labor standards case can be settled through a compromise.
8. One of the remedies in labor disputes is the Grievance Procedure which is an in-
house adjustment of complaint, problem, or dispute following the steps prescribed in
CBA or company policy.
9. Under the 2011 NLRC Rules of procedure a complaint shall be signed under oath by
the complainant or petitioner with a verification.
10. The venue shall be at the Regional Arbitration Branch having jurisdiction over the
workplace of the complainant, the same rule applies to complaint by filed by OFW's
11. If the complaint is dismissed your remedy is to file an MR or appeal to the Labor
Arbiter or NLRC.
12. The purpose of the service of summons is to acquire jurisdiction over the person of
the complainant or petitioner.
13. Improper venue is a ground for dismissal of the complaint.
14. Motion to Dismiss Complaint should be filed before the date set for the submission
of position papers.
15. During the Mandatory Conciliation and Mediation Conference, the parties may enter
into a compromise agreement which shall be duly recorded and shall need an
approval from the Executive Labor Arbiter.
16. Motion for Postponement is absolutely not allowed in the Mandatory Mediation and
Conciliation Conference.
17. The Non-appearance of the complainant during MCMC shall be a ground for the
dismissal of the complaint with prejudice.
18. The verified position paper shall cover only claims and causes of action stated in the
complaint , including the affidavits of witnesses which shall takes place of direct
testimony including those that may have been amicably settled.
19. After submission of position paper, parties are given 10 days from receipt of
position paper of the adverse party to submit a Reply
20. As a rule, no amendment to the complaint shall be allowed unless with leave of the
Labor Arbiter.
21. As a rule, after the simultaneous submission of position paper, the LA shall schedule
and conduct a Hearing and/or Clarificatory Conference.
22. If any of the parties will not appear during the Clarificatory Conference/ Hearing,
proceedings shall be conducted ex parte and the case shall be deemed submitted for
decision.
23. The LA shall render decision within 30 calendar days from the date of filing of
complaint, for OFWs, the LA shall decide within 90 calendar days from filing of
complaint.
24. If no appeal filed before the RAB within 10 calendar days after receipt of the
decision, the decision shall become final and executory.
25. If the decision includes an order of reinstatement, the reinstatement aspect shall be
immediately executory.
26. A pure question of law is a ground for an Appeal to NLRC of the decision rendered
by the LA within 10 calendar days from the receipt of the decision or order.
27. The perfection of an appeal shall stay the execution of decision of the Labor Arbiter
except execution of reinstatement pending appeal.
28. Under the Principle of Social Justice, the interests of the laborers shall remain
supreme in all labor disputes on the basis that the capitalists have more power in law
than the laborers.
29. The NLRC is an attached agency to the Department of Labor and Employment for
policy and program coordination only.
30. As members of the Commission being nominated by the workers and employers
organization, they shall divest themselves of any affiliation with or interest in the
federation or association to which they belong.
31. All decisions of the NLRC shall be either in en banc or in divisions depending on
the nature of the cases filed as an exercise of their adjudicatory powers.
32. The territorial divisions of NLRC do not confer exclusive jurisdiction to each division
and are merely designed for administrative efficiency.
33. The NLRC Commissioners and Labor Aribters, being granted the rank and pay of a
judge or justice make the grantee, with all the titles, privileges appurtenant thereto,
judges and justices.
34. All Terminations disputes shall fall upon the original and exclusive jurisdiction of the
Labor Arbiter as provided for in Art. 224, to the exclusion of other courts and
tribunal.
35. Cases arising from the interpretation of collective bargaining agreement are not
within the original and exclusive jurisdiction of the Labor Arbiter but within the
jurisdiction of NLRC.
36. When Venue is not objected before the filing of position paper, such issue shall be
deemed waived.
37. Manila could be a proper venue for filing of complaint of an employee of ship/vessel
plying the Manila-Cotabato route, since Manila is considered to be part of the
employee's workplace.
38. All violations of the CBA are considered an Unfair Labor Practice (ULP) thus falls
within the jurisdiction of the Labor Arbiter.
39. All violations of the CBA are considered an Unfair Labor Practice (ULP) thus falls
within the jurisdiction of the Labor Arbiter.
40. All dismissals of an employee arising from the enforcement of company personnel
policies are within the jurisdiction of the Voluntary Arbitrator not with the Labor
Arbiter.
41. The Termination of a Corporate Officer shall be within the jurisdiction of the RTC
(formerly with SEC) not within the jurisdiction of the Labor Arbiter.
42. Money claims arising from the CBA shall be within the jurisdiction of Labor Arbiter.
43. According to the SC, Local Water Districts are considered quasi-public corporations
thus are not covered under the Labor Code.
44. The mantle of the state immunity from suit cannot be extended to commercial,
private and proprietary acts.
45. Once there is a violation of the CBA or any dispute arising from a violation of the
CBA, the Labor Arbiter has jurisdiction over the dispute.
46. The Bureau of Labor Relations has the original and exclusive authority to act at their
own initiative to the intra and inter union disputes including those arising from the
implementation or interpretation of collective bargaining agreements.
47. A complaint involving intra/inter union dispute may be filed by an LLO or its
members, but if the issue involves the entire membership, the complaint shall be
supported by at least 30% of the membership.
48. The BLR and/or the DOLE Regional Office concerned shall be the one that will
maintain a register the Collective Bargaining Agreements (CBA).
49. An unregistered Collective Bargaining Agreements (CBA) shall be considered
invalid.
50. The BLR/DOLE Regional Office may only entertain Petition for Certification Election
(PCE) during the 90-day freedom period of the fifth year of the CBA.
51. Ambulant, intermittent and itinerant workers, self-employed people, rural workers
and those without any definite employers may also form labor unions.
52. A federation or national union even if not registered yet may directly create a local
chapter by issuing a charter certificate indicating the establishment of the local
chapter.
53. The 20 percent registration requirement applies to both independent union and
chartered local under RA 9481.
54. Once a local chapter was issued a charter certificate it acquires legal personality with
full rights and privileges as a legitimate labor organization.
55. The members of the union or LLO may vote to dissolve their organization but
requires at least two-thirds vote of the membership.
56. A petition to cancel union registration is a bar to the filing or hearing of a petition for
certification election.
57. Commingling of supervisors and rank and file in one union is a ground to cancel
union registration.
58. In a Petition for Certification Election, the employer is a bystander and has no right to
oppose the petition
59. Both the independent union and a local chapter shall acquire full legal personality as
a labor organization only upon the issuance of the certificate of registration by the
DOLE.
60. All labor organizations has the right to be certified as the exclusive representative of
all the employees in an appropriate collective bargaining unit for purposes of
collective bargaining;
61. A labor organization which is duly registered with DOLE, may own property, real or
personal, for the use and benefit of the labor organization and its members.
62. All legitimate labor organizations are authorized to collect reasonable membership
fees, union dues, assessments and fines and other contributions for labor education
and research, mutual death and hospitalization benefits, welfare fund, strike fund and
credit and cooperative undertakings.
63. Same with managerial employees, all confidential employees are absolutely
prohibited to join, assist and form labor organization.
64. To discriminate in regard to hire or tenure of employment or any term or condition
of employment in order to encourage or discourage membership in any labor
organization is considered as an unfair labor practice.
65. As agent, the union is subject to the obligation of giving the members as its
principals all information relevant to union and labor matters entrusted to it.
66. The union members may validly call for an election on the ground of frustration over
the performance of the union officers or their fears of a fraudulent action.
67. In the case of Ferrer, et.al vs NLRC, the SC explicitly ruled that a member of a labor
union may be expelled only for a valid cause and by following the procedure
outlined in the constitution and by-laws of the union.
68. Expulsion of a member for arbitrary or impetuous reason may amount to unfair labor
practice by the employer.
69. A check-off is the amount, equivalent to union dues, which a non-union member
pays to the union because he benefits from the CBA negotiated by the union.
70. The Regional Director of DOLE and the Labor Arbiters, have jurisdiction over check-
off disputes.
71. The SC held that members of religious sects cannot be compelled or coerced to join
labor unions even when said unions have closed shop agreements with the
employers; that in spite of any closed shop agreement, members of said religious
sectors cannot be refused employment or dismissed from their jobs on the sole
ground that they are not members of the collective bargaining union
72. One of the reasons why managerial employees are prohibited to join, assist or form
unions is because the Union can become company-dominated with the presence of
managerial employees in membership.
73. The test of determining appropriate bargaining unit is the commonality or mutuality
of interest or any substantial similarity.
74. Bargaining representative refers to a labor organization or any officer or agent of
such organization whether or not employed by the employer.
75. An Exclusive Bargaining Representative refers to a legitimate labor union duly
recognized or certified as the sole and exclusive bargaining representative or agent
of all the employees in a bargaining unit.
76. Any question pertaining to the validity of petitioning union's certificate of
registration or its legal personality as a labor organization, validity of registration and
execution of collective bargaining agreements shall be heard and resolved by the
Regional Director in an independent petition for cancellation of its registration or by
the Med-Arbiter in the petition for certification election.
77. A consent election is ordered by the Department, while a certification election is
voluntarily agreed upon by the parties, with or without the intervention of the
department.
78. Where a duly certified union has commenced and sustained negotiations with the
employer in accordance with Article 250 of the Labor Code within the one-year
period or where there exists a bargaining deadlock which has been submitted to
 conciliation or arbitration or had become the subject of a valid notice of strike or
lockout where an incumbent or certified bargaining agent is a party, a petition for
certification election shall be denied.
79. An employee who has been dismissed from work but has contested the legality of
the dismissal in a forum of appropriate jurisdiction at the time of the issuance of the
order for the conduct of a certification election shall be considered a qualified voter,
unless his/her dismissal was declared valid in a final judgment at the time of the
conduct of the certification election.
80. The labor union receiving the majority of the votes cast shall be certified as the
exclusive bargaining agent of all the workers in the establishment.
81. As a rule, when an election which provides for three or more choices results in no
union choice receiving a majority of the valid votes cast, a run-off election shall be
conducted between the labor unions receiving the two highest number of votes.
82. A "No Union" choice shall always be a indicated in the ballot as one of the choices in
the run-off election.
83. In all cases, whether the petition for certification election is filed by an employer or a
legitimate labor organization, the employer shall be considered a party thereto with
a concomitant right to oppose a petition for certification election.
84. Request for SEBA Certification (formerly Voluntary Recognition) is now a recognized
mode of determining a sole and exclusive bargaining agent in a bargaining unit.
85. The SC ruled that the 20% minimum requirements pertains to union membership
when it was registered and not to attendance in organizational meeting.
86. Where a petition for certification election had been filed, and upon the intercession
of the Med-Arbiter, the parties agree to hold a consent election, the results thereof
shall constitute a bar to the holding of a certification election for six (6) months from
the holding of such consent election.
87. Under the Reasonable Causal Connection Rule, in case there is a conflict of
jurisdiction between labor courts and regular courts, if there is a reasonable causal
connection between the claim asserted and the employee-employer relations then
the case is within the jurisdiction of labor courts.
88. In the case of PNB vs Cabansag, the SC held that Cabansag who was hired in
Singapore shall be considered a local hire and shall follow the laws, customs and
practices of employment of Singapore, and thus was not illegally dismissed.
89. In the appeals of a decision of Labor Arbiter involving monetary award, an appeal by
the employee may be perfected only by posting of a bond.
90. Any union officer or any members who participated in a valid strike but committed
illegal acts or activities during the strike may be validly terminated from his/her
employment.
91. Every form of control under the four-fold test is determinative of employer-
employee relationship.
92. All Probationary employees enjoy security of tenure.
93. The mere issuance of an assumption order by the Secretary of Labor automatically
carries with it a return-to-work order, even if the directive to return to work is not
expressly stated in the assumption order.
94. If the employer commits an Unfair Labor Practice, the right to strike becomes
available despite a no-strike provision in the CBA of the parties.
95. As a rule, a strike may be regarded as invalid although the labor union has complied
with the strict requirements for staging one as provided in the Labor Code when the
same is held contrary to an existing agreement, such as a no strike clause or
conclusive arbitration clause in the CBA.
96. A 24-hour Notice served to NCMB-DOLE prior to conduct a strike vote through
secret balloting informing the Unions decision to conduct a strike vote as well as the
date, time and place is a mandatory requisite for the conduct of a valid strike.
97. if the ground for the strike is union busting, the union may conduct a strike
immediately without observing the cooling-off period and other requisites.
98. A strike without the support of the majority of the union members, may still be
considered valid if the mandatory requisites under the Labor Code are complied by
the union.
99. Under the Improved-offer Balloting, when at least a majority of the union members
vote to accept the improved offer, the striking workers shall immediately return to
work and the employer shall thereupon readmit them upon the signing of the
agreement, except the union officers who organize the strike.
100. Any worker whose employment has been terminated as a consequence of an
unlawful lockout shall be entitled to reinstatement with full backwages.
101. Where the change of ownership is done in bad faith, or is used to defeat the
rights of labor, the successor-employer is deemed to have absorbed the employees
and is held liable for the transgressions of his or her predecessor.
102. The right to close the operation of an establishment or undertaking is
explicitly recognized under the Labor Code as one of the authorized causes in
terminating employment of workers, the only limitation being that the closure must
not be for the purpose of circumventing the provisions on termination of
employment embodied in the Labor Code.
103. The Labor Code does not obligate an employer to pay separation benefits
when the closure is due to losses.
104. The fact alone that a mere portion of the business of an employer, not the
whole of it, is shut down does not necessarily remove that measure from the ambit
of the term "retrenchment
105. The termination of the teacher on the ground of gross negligence when she
conducted a swimming/year-end activity and one of her student drowned and
eventually died, was held valid by the SC.
106. The dismissal of the Accounting Clerk for serious misconduct and willful
breach of trust when the overage amount of P540.00 was not reported immediately
to the supervisor and not recorded at the end of that day, was held valid.
107. By obtaining an altered police report and medical certificate, petitioners
deliberately attempted to cover up the fact that Sales was under the influence of
liquor at the time the accident took place, it was held that they committed a work-
related wilful breach of the trust and confidence reposed in them, thus their
termination was held valid.
108. If doubt exists between the evidence presented by the employer and the
employee, the scales of justice must be tilted in favor of the employee.
109. If doubt exists between the evidence presented by the employer and the
employee, the scales of justice must be tilted in favor of the employee.
110. The payment of indemnity in the form of nominal damages is intended to
penalize the employer and to vindicate or recognize the employee's right to
statutory due process which was violated by the employer.