1.
What are the legal consequences of an ILLEGAL STRIKE to
1.1 Union Members
Mere participation of a union member in the illegal strike does not mean loss of
employment status unless he participates in the commission of illegal acts during the strike.
1.2 Union Officers
The union officers who knowingly participate in the illegal strike may be declared
to have lost their employment status.
2. Distinguish one from the other:
Special Assessment-
It is a fee charged to union
members in addition to their normal
dues. While some unions may allow
members to vote on special
assessments, other unions may pass
assessments on their members without
a direct vote of the affected
membership
Union Dues-
A fee paid to a union, usually on a
monthly basis, by members to a union.
Union dues are what a union uses to
run its business, to pay its officers,
union staff, their transportation, office
buildings, union halls, as well as other
miscellaneous expenses.
Run off elections-
When an election which provides for three or
more choices results in no 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:
Provided, that the total number of votes for all
contending unions is at least fifty percent (50%)
of the number of votes cast.
Bargaining-
it is a means of haggling between the
employers and their organizations and
trade unions to establish fair wages and
working conditions. It also provides the
basis for sound labor relations.
Strike-
means any temporary stoppage of work
by the concerted action of employees as a
result of a labor or industrial dispute.
Union Dues-
A fee paid to a union, usually on a
monthly basis, by members to a union.
Union dues are what a union uses to
run its business, to pay its officers,
union staff, their transportation, office
buildings, union halls, as well as other
miscellaneous expenses.
Agency Fees-
A fee charged to a worker who
refuses to join a union as a full member
but, due to a union income security
clause, is still required to pay a union
as a condition of employment.
Consent elections-
means the election voluntarily agreed
upon by the parties to determine the issue
of majority representation of all the
workers in the appropriate collective
bargaining unit.
Negotiation-
it is a term used when the bargaining or
the haggling for increase of wages or other
social and political benefit is between the
state and the employees of the
government.
Picket-
it is a peaceful means by which
employees can increase the pressure on
their employer to agree to terms and
conditions of employment favourable
 to them. The purpose of the picket is to
persuade persons not to do work for, or
do business with, the employer.

3. What is the meaning of each:

3.1 Duty to Bargain when there is NO CBA -
In the absence of an agreement or other voluntary arrangement
providing for a more expeditious manner of collective bargaining, it shall be the
duty of employer and the representatives of the employees to bargain collectively
in accordance with the provisions of the Labor Code of the Philippines.

3.2 Duty to Bargain when there is a CBA-

When there is a collective bargaining agreement, the duty to
bargain collectively shall also mean that neither party shall terminate nor modify
such agreement during its lifetime. However, either party can serve a written
notice to terminate or modify the agreement at least sixty (60) days prior to its
expiration date. It shall be the duty of both parties to keep the status quo and to
continue in full force and effect the terms and conditions of the existing
agreement during the 60-day period and/or until a new agreement is reached by
the parties.

3.3 Automatic Retroactivity Clause-

It refers to that provision of the Labor Code which states that “It shall be
the duty of both parties to a collective bargaining agreement to keep the status quo
and to continue in full force and effect the terms and conditions of the existing
agreement during the 60-day (freedom) period and or until a new agreement is
reached by the parties.

3.4. Double Majority Rule –

under the so-called double majority rule, for there to be a valid certification election,
majority of the bargaining unit must have voted AND the winning union must have garnered
majority of the valid votes cast.

3.5 Mutuality of Interest Rule-

Community or mutuality of Interest rule means there should be only one bargaining
unit for the employees.

4. Who among the employees are considered eligible voters in the following:

4.1. Strike vote

4.2 Certification Election

4.3 Ratification of a Collective Bargaining Agreement

4.4 Election of Union Officers

4.5 Ratifying the Constitution and By-Laws of the Union

5. How do workers

5.1 Form a Union, and

- provided that the required 20% membership of the bargaining unit is complied
with.

5.2 Register it for the attainment of the status of Legitimate Labor Organization. State the
Requirement for each.

- Federation, national union or industry or trade union center or an independent union

and workers' associations become legitimate upon issuance of the certificate of registration by
the Department of Labor and Employment (DOLE).

Art. 234. Requirements of registration. Any applicant labor organization, association or group of
unions or workers shall acquire legal personality and shall be entitled to the rights and privileges granted
by law to legitimate labor organizations upon issuance of the certificate of registration based on the
following requirements.

Fifty pesos (P50.00) registration fee;

The names of its officers, their addresses, the principal address of the labor organization, the minutes of
the organizational meetings and the list of the workers who participated in such meetings;

The names of all its members comprising at least twenty percent (20%) of all the employees in the
bargaining unit where it seeks to operate; (As amended by Executive Order No. 111, December 24, 1986)

If the applicant union has been in existence for one or more years, copies of its annual financial reports;
and

Four (4) copies of the constitution and by-laws of the applicant union, minutes of its adoption or
ratification, and the list of the members who participated in it. (As amended by Batas Pambansa Bilang
130, August 21, 1981)

6. Give the meaning and scope of

6.1 Government employees Right to Self Organization

6.2. and their right to strike

government employees may organize provided the purposes behind such organization are legitimate.
Employees of government shall have the right to organize and to bargain collectively with their
respective employers. All other employees in the civil service shall have the right to form
associations for purposes not contrary to law.

Providing for self-organization of government employees, it does not mean that because they have the
right to organize, they also have the right to strike. Under IRepublic Act 875, workers, including those
from the government-owned and controlled, are allowed to organize but they are prohibited from striking.

7. May workers stage:

7.1 A strike without picket, (Y)

7.2 A picket without a strike, (N)

7.3 Campaign for ratification of a CBA (Y)

7.4 Campaign for a YES vote in a strike vote (N)

7.5 May management do 7.1 to 7.4 above? –

8 Distinguish one from the other:

8.1 Union shop-

Refers to a union security clause in a collective bargaining agreement whereby the employer agrees to
terminate the employment of an employee who has not become a member of the union which is the
exclusive collective bargaining representative of the employees in a bargaining unit within a certain
period after the employment of said employee or has ceased to become a union member

Closed Shop

It is an agreement embodied in a collective bargaining agreement whereby the employer binds itself not to
hire any person unless he is first a union member of the collective bargaining representative.

8.2 Agency Shop

the employer binds itself to check off from those who are not union members of the collective bargaining
representative a reasonable fee equivalent to the dues and other fees paid by union members if the non-
union members accept the benefit of the CBA

Maintenance of membership shop

There is maintenance of membership shop when employees, who are union members as of the
effective date of the agreement, or who thereafter become members, must maintain union membership as
a condition for continued employment until they are promoted or transferred out of the bargaining unit or
the agreement is terminated.

8.3 Deadlock

a situation in which agreement in an argument cannot be reached because

neither side will change its demands or accept any of the demands of the other side.

Unfair labor Practice-

ULPs are offenses committed by the employer or labor organization which violate the
constitutional right of workers and employees to self-organization.

8.4 Union-

is an organized group of workers who come together to make decisions about the conditions of their
work.

Workers’ Association

A workers’ association means any group of workers, including ambulant, intermittent, self-
employed, rural workers and those without definite employers, organized for mutual aid and
protection of its members or for any legitimate purpose other than collective bargaining.

Worker-

A worker who is not an employee is said to be engaged under a contract sui generis (of its own
kind).

Employee –

An employee is a person employed under a contract of employment.

10. Explain the Difference between

10.1 Member of a Union vs Member of a Bargaining Unit

means that a person is registered as a member of such labor organization and paying its union
dues. While a member of a bargaining unit means a person belongs to a group of employees with
a clear and identifiable community of interests who are represented by a single labor union in collective
bargaining and other dealings with management. Examples would be non-management professors, law
enforcement professionals.

10.2 Surface bargaining-

going through the motions of negotiating without any legal intent to reach an agreement

Blue sky bargaining –

making exaggerated or unreasonable proposals

10.3 Majority of eligible voters-

It means that to have To have a valid election, at least a majority of all eligible voters in the unit must
have cast their votes.

Majority of the employees means 50 percent plus 1 of all the employees working in the
company.

10.4 Managers under Book III Labor Code –

Have no collective bargaining rights because, they cannot join or form any other labor organization while
officers of a managerial staff are not prohibited from joining, assisting or forming or arresting a
supervisor’s union; hence they can bargain collectively

Managerial Employees under Book V of the Labor Code-

Are vested with the prerogatives to lay down and execute management policies and/or to hire, fire,
transfer, promote, lay-off and discipline employees. They are not eligible for the right to self-organization
for purposes of collective bargaining.

10.5 Article 129 on dispute resolution

Article 128 on dispute resolution

Cases arising from the interpretation or implementation of collective bargaining agreements and those arising from
the interpretation or enforcement of company personnel policies shall be disposed of by the Labor Arbiter by referring
the same to the grievance machinery and voluntary arbitration as may be provided in said agreements.

The Bureau of Labor Relations and the Labor Relations Divisions in the regional offices of the Department of Labor,
shall have original and exclusive authority to act, at their own initiative or upon request of either or both parties, on all
inter-union and intra-union conflicts, and all disputes, grievances or problems arising from or affecting labor-
management relations in all workplaces, whether agricultural or non-agricultural,

except those arising from the implementation or interpretation of collective bargaining agreements which shall be the
subject of grievance procedure and/or voluntary arbitration.