Labor Law Review Syllabus
Labor Law Review Syllabus
Labor Law Review Syllabus
M J Manuel
2nd semester, 2018-2019
xPART I
INTRODUCTION
1987 Constitution
Article II, Sec. 9, 10, 11, 13, 14, 18, 20
Article III, Sec. 1, 4, 8, 10, 16, 18 (2)
Article XIII, Sec. 1, 2, 3, 13, 14
Labor Code
Article 3, 4, 218, 290 (as amended by R.A. 10395)
PART II
RIGHT TO SELF-ORGANIZATION
The right to self-organization is not limited to unionism. Workers may also form or join
an association for mutual aid and protection and for other legitimate purposes.
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The alleged inclusion of supervisory employees in a labor organization seeking to
represent the bargaining unit of rank-and-file employees does not divest it of its status as
a legitimate labor organization
Labor Code: Arts. 219 (g, h), 237, 240-251, 292 (a)
Omnibus Rules, Book V, Rule I, Sec. 1 (a, h-p, w, cc, ee, ff, jj, kk, zz, ccc),
Rule III-V, XIV-XV, as amended by D.O. 40-03, as further amended by D.O. 40-B
A trade union center is NOT allowed to directly create a local or chapter through
chartering.
The Heritage Hotel Manila (Owned And Operated By Grand Plaza Hotel Corporation) v.
Pinag-Isang Galing At Lakas Ng Mga Manggagawa Sa Heritage Manila (Piglas-
Heritage), October 30, 2009
Eagle Ridge Golf and Country Club v. CA, March 18, 2010
Samahang Manggagawa Sa Charter Chemical (SMCC-SUPER) v. Charter Chemical and Coating
Corp., March 16, 2011
The inclusion of supervisory employees in a labor organization seeking to represent the bargaining
unit of rank-and-file employees does not divest it of its status as a legitimate labor organization.
Yokohama Tire Phils. v. Yokohama Employees Union, March 10, 2010
Tamondong may have possessed enormous powers and was performing important
functions that goes with the position of Personnel Superintendent, nevertheless, there was
no clear showing that he is at liberty, by using his own discretion and disposition, to lay
down and execute major business and operational policies for and in behalf of CAPASCO.
San Miguel Corp. Supervisors and Exempt Union v. Laguesma, August 15, 1997
Confidential employees are those who (1) assist or act in a confidential capacity, (2) to
persons who formulate, determine, and effectuate management policies in the field of
labor relations. If access to confidential labor relations information is to be a factor in the
determination of an employees confidential status, such information must relate to the
employers labor relations policies
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Bank, April 22, 2008
Respondent failed to indicate who among these numerous secretaries/clerks have access to
confidential data relating to management policies that could give rise to potential conflict
of interest with their Union membership. Clearly, the rationale under our previous rulings
for the exclusion of executive secretaries or division secretaries would have little or no
significance considering the lack of or very limited access to confidential information of
these secretaries/clerks.
twenty (20) checkers may not be considered confidential employees under the category of
Quality Control Staff
San Miguel Foods v. SMC Supervisors and Exempt Union, August 1, 2011
BPI v. BPI Employees Union, August 10, 2010 (Main Decision & Dissenting Opinion),
October 19, 2011
Omnibus Rules, Book V, Rule XI, XII, XIII, XVIII, XX, as amended by D.O. 40
NOTE: Compare the original provisions of the Labor Code with the amended
provisions under R.A. No. 9481.
For reference:
Atlas Litographic Services v. Laguesma, 205 SCRA 12
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De La Salle University Medical Center v. Laguesma, 294 SCRA 141
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PART III
BARGAINING UNIT
Omnibus Rules, Book V, Rule I, Sec. 1 (d, t), as amended by D.O. 40-03
San Miguel Foods v. San Miguel Corp. Supervisors and Exempt Union, August 1, 2011
Republic of the Philippines, represented by DOLE, v. Kawashima Textile, July 23, 2008
St. James School of Quezon City v. Samahang Manggagawa sa St. James, November 23,
2005
DHL Phils. United Rank and File Association v. Buklod ng Manggagawa ng DHL Phils.,
July 22, 2004
Sta. Lucia East Commercial Corporation v. Hon. Secretary Of Labor, August 14, 2009
Chris Garments Corporation v. Hon. Patricia Sto. Tomas and Chris Garments Workers
Union-PTGWO, January 12, 2009
Eagle Ridge Golf and Country Club v. CA, March 18, 2010
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Ren Transport Corp. V. NLRC, June 27, 2016
For reference:
(Voluntary Recognition) Sta. Lucia East Commercial Corporation v. Hon. Secretary Of
Labor, August 14, 2009
Coastal Subic Bay Terminal v. DOLE, November 20, 2006
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PART IV
COLLECTIVE BARGAINING
Labor Code: Arts. 261-266, 258-260, 274
Omnibus Rules, Book V, Rule I, Sec. 1 (d, h, j, t, bbb), Rules XVI-XVII, as
amended by D.O. 40-03
San Miguel Foods v. San Miguel Corp. Employees Union, October 5, 2007
General Milling Independent Labor Union v. General Milling, June 15, 2011
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12, 2014
For reference:
Halagueña, et al., and other flight attendants of Philippine Airlines v Philippine
Airlines, October 2, 2009
PASSI v. Boclot, September 28, 2007
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PART V
UNFAIR LABOR PRACTICES
The Insular Life Assurance Co., Ltd., Employees Association v. The Insular Life
Assurance Co., Ltd., January 30, 1971
Central Azucarera de Bais Employees Union v. Central Azucarera de Bais, Nov. 17, 2010
Royal Plant Workers Union v. Coca Cola Bottlers, April 15, 2013
Mendoza v. Officers of Manila Water Employees Union (MWEU), January 25, 2016
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PART VI
STRIKES, LOCKOUTS AND CONCERTED ACTIONS
Arts. 219 (o-s), 278-281, 266; Rules, Book V, Rule XXII, as amended by D.O. 40-03,
and further amended by D.O. 40-A, D.O. 40-G-03 (2010), and D.O. 40-H-13 (2013)
Bukluran ng Manggagawa sa Clothman Knitting v. CA, January 17, 2005
Biflex Phils. v. Filflex Industrial & Manufacturing Corp., Dec. 19, 2006
Toyota Motor Phils. Corp. Workers Association v. Toyota Motor Phils, Oct. 19, 2007
Manila Diamond Hotel Employees Union v. CA, Secretary, December 16, 2004
Alcantara & Sons v. CA, GR G.R. No. 155109, September 29, 2010
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Magdala Multipurpose & Livelihood v. KMLMS, October 19, 2011
Automotive Engine Rebuilders v. Progresibong Unyon, July 13, 2011; January 16, 2013
Hongkong and Shanghai Banking Corp. Employees Union v. NLRC, January 11, 2016
PMI Faculty and Employees Union v. PMI Colleges Bohol, June 29, 2016
Guagua National Colleges v. Guagua National Colleges Faculty Labor Union, July 13,
2016
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PART VII
EMPLOYER-EMPLOYEE RELATIONSHIP
Elements of Relationship
Labor Code: Article 97 (a), (b), (c), (e); 173 (f), (g); 219 (e) & (f)
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PART VIII
CLASSES OF EMPLOYEES
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PART IX
SECURITY OF TENURE
Arts. 292 (b), 294, 297-302; D.O. 147-15
Just Causes
Pregnancy
Criminal case
Disease
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Illegal Strike
Authorized Causes
Manila Mining Corp. Employees Association v. Manila Mining Corp., September 29,
2010
Nippon Housing v. Leynes, August 3, 2011
SKM Art Corp. v. Bauca, November 27, 2013
Exocet Security v. Serrano, September 29, 2014
Suspension
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Consequences of Dismissal
Appeal Bond
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PART X
DISPUTE SETTLEMENT
Labor Code: Arts. 128-129, 220-232, 266, 273-277, 278 (g-i), 303-304, 307 (b), 305-307
Note the amendments introduced by R.A. 9347and R.A. 10741
Executive Order No. 126 & 251
Secretary/Regional Director
Labor Arbiter
Voluntary Arbitration
Appeal
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Appeal Bond
Miscellaneous
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