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i e t
e v e
R MOCK BAR ESSAY EXAMS
MS

r n
a l ON

t e
n In
OR
R LAW
LABOR

i o Prof
ro Marlon
By: Prof.

s
Marlo Manuel

ss l
ion e
n for the reg
1. In the certification election regular rank and file employees of ABC Company, more

b
than eighty five percentnt (85%) of the eligible voters voted. The results are as follows:

Union A
Union
Union
nion
nB
on C
R o 115
25
34

n
No Unio
Union 116

a
Spoiled
Spoile bballots 10
-------

h
TOTAL
T
TO 300

C Is there a valid certification election?

SUGGESTED ANSWER:

r
There was a valid certification election as more tthan the required majority of the
eligible voters cast their votes. To win thehe election, the law requires that the winner
must get majority of the total valid votes.

B a
otes. In this case,
less the 10 spoiled ballots). Hence, majority should
got this required majority. Thereere should
hould
sho
c there are 290 valid votes (300
be 146 votes. None of the choices
ould be a run-off election. Under the law, if there

s
are two or more choices in an electio
election, an
electi and none of the choices got the majority of the

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valid votes, a run-off election
ction be conducted between the two unions that got the
ion will b

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highest number of votes, provided that the total number of votes obtained by all
otes, provide

b
contending unions 50% of the total votes cast. Here, the total number of
ns is at least 5
votes for all contending
ontending unions is 174 (115 + 25 + 34), which is more than 50% (150)
ntending uni

o
of the total Thus, there will be a run-off election between Union A and
al votes cast. T

R
Union C.

n
2. MINI
NI was recen
recentl
recently organized as a local chapter of MAXI federation. MAXI issued the

a
charter
ter certificate
ertificat on September 8, 2020. Since the union has a membership base of more
than
an eighty pe
percent of the 300 rank and file employees of the company, MINI’s officers and

h
members ar a very eager to act as organized workers. They want to immediately file a Petition
are
for Certification
Cert Election on September 18th, and to file a Notice of Strike for Unfair Labor

C 1

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Practices, within

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in the same week,
w
we if necessary, if the employer willl initiate ha
e
harassment acts

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upon discovery union’s establishment, and the filing of the Petition for Certification
very of the unio
Election.
R r
a lan MINI
Can MINI le
legally
ally do these actions? Explain.

t e
n In
SUG
S GGESTED ANSWER:

o
MINI can file a Petition for Certification ation Election
rt cation Ele
El but it cannot file a Notice of Strike.

i s
Under the law, a chapter of a federa
federation
fede on n aacquires legal personality from the date it was

s e
issued a charter certificate, e, but, only
ate, onl for purposes of filing a petition for certification

s l
election. To be entitled ed to all the other rights given to legitimate labor organization,
tled

b
the chapter must firstirst submit tto the DOLE the charter certificate, and the following
additional documents:
ments: (a) The
uments: T names of the chapter's officers, their addresses, and the

o
principal office
ffice
ce of the cha
chapter;
ch and (b) The chapter's constitution and by-laws: Provided,
That where chapter's constitution and by-laws are the same as that of the federation
here the chap
chapt
or the
R
hee national union,
un this fact shall be indicated accordingly. In this case, until MINI

n
submitte the documents, its legal personality will enable it to file a Petition for
has submitted
Certification
Certificatio
ertificat Election only, but not to file a Notice of Strike.

a
h
3.. Refer to the facts of the preceding question. If MINI was an independent union, instead of
a local cchapter, can MINI legally do the intended actions (filing of a Petition for Certification

C
Elec
Election and Notice of Strike) as soon as it has submitted to the Department of Labor and
Employment (DOLE) the documents required for registration? Explain.
E

SUGGESTED ANSWER:

If Mini was an independent union, it cannot do either of the intended actions. Unlike
a chapter, an independent union acquires legall per personality only upon the issuance by

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the Department of Labor and Employment of the certificate
cer of registration. The mere

a
submission of the documents required for or registration will not give legal personality to
the union. It has to wait for its certificate registration before it can be considered a
ficate of regist
legitimate labor organization.
B
on its sixth year. The CBA started
e
4. The existing CBA between PINAGKAISAHAN
s
NAGKAIS
AGKAI H
rted on October
Oc
Labor Union and Ultra Company is now
1, 2009 and originally had a four (4) year
period. Before the expiration
the term of the CBA forr two
extension) was registered
stered
l
on of the CBA on September 30, 2013, the parties decided to extend

b
wo (2) more
mor years, until September 2015. The CBA (including the
t DOLE. On September 1, 2015, NAISAHAN Union filed
ered with the

R o
a Petition for Certification
ertification Election, challenging the status of PINAGKAISAHAN as the sole
rtification Ele
and exclusivee bargaining representative.
r

n
Should NAISAHAN’s Petition for Certification Election be entertained? Explain.
d NAISAHAN

a
h
C 2

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i e t
SUGGESTED

e
STED A
v
ANSWER:
NSW
e
R
AISAHAN’s Petition
NAISAHAN’s P

r n
should not be entertained. It should be di
dismissed by the Med-

l e
Arbiter
Arb err as it w
was filed out of time.

a Unde
Under the law, any CBA that the parties
t
rties
ies may en
enter into shall, insofar as the

n In
re
representation aspect is concerned, be for a term of five
fi (5) years. Despite an agreement
for a CBA with a life of more than an five years,
years either as an original provision or by

o
amendment, the bargaining union’sion s exclusive
exclusiv bargaining status is effective only for five

i s
years and can be challenged ithi sixty
d within ty ((60) days prior to the expiration of the CBA’s
xty

s e
first five years. In this th freedom period within which a Petition for
hiss case, the

s l
Certification Election filed was in 2014, the last 60 days prior to the end of
n should be fil

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the five years on September
ptember 30, 2014. Outside this period, no Petition for Certification
Election can bee entertained.
ntertained

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5. A dismissed
in the absence
nce
d employee claims
cl that, when he was dismissed, due process was not observed
hearing in which he could have explained his side and refuted the evidence
ce of a hearin

n
against him.. He was
wa merely required to give a written explanation. Is his contention correct?

a
SUGGESTED
S UG G ANSWER:

h The employee’s argument is not correct.

C The Labor Code provides that, in cases of termination for a just cause, an employee
must be given “ample opportunity to be heard and to defend himself.” As interpreted
by the Supreme Court, “ample opportunity to be heard” means any meaningful
opportunity – verbal or written – given to the employee to answer the charges against
him and submit evidence in support of his defense, whether in a hearing, conference
Henc the absence of a hearing will not
or some other fair, just and reasonable way. Hence,

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constitute a violation of the procedural requirements
requirem
equir for termination, when the

a
employee was given the opportunity to giveve a written explanation.

mployee for
6. An employee was hired as a project employee
B
fo a big construction project. The project

s
was completed after fourteen (14) months
month
ont off construction.
con The employee now claims that

e
since he has been employed for more
ore than o
one year, he should now be considered a regular
employee. Is he correct?

SUGGESTED AN
ANSWER:
NSWER:

b l
is hired
o
No, the employee
mployee did not

R
d for a specific
ed
thee start
n attain the status of regular employment. A project employee
specifi project or undertaking, the completion of which is determined at
tart of the eemployment. In project employment, the employment is coterminous

n
with project. The rule regarding the attainment of regular employment status after
ith the proj

a
one yeyear of service applies to casual employees only. It has no application to project
emplo
employment.

h
C 3

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