Professional Documents
Culture Documents
and 10 were segregated votes. Should Union A be certified (A) Can Lazo Corporation refuse to admit the strikers?
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as the bargaining representative? (B) Assuming the company admits the strikers, can it later
on dismiss those employees who committed illegal acts?
(C) If due to prolonged strike, Lazo Corporation hired However, she was not accorded statutory due process. For
replacements, can it refuse to admit the replaced strikers? this reason, I will award her nominal damages of Php 30,000.
(A) No. A strike is a temporary stoppage of work only. 9. Lionel, an American citizen whose parents migrated to
Therefore, strikers can go back to their work in the event of the U.S. from the Philippines, was hired by JP Morgan in
a voluntary abandonment of their strike. New York as a call center specialist. Hearing about the
phenomenal growth of the call center industry in his
(B) After admission, the company can hold the strikers parents’ native land, Lionel sought and was granted a
behind the illegalities accountable for their acts. If found to transfer as a call center manager for JP Morgan’s operations
have committed acts justifying a dismissal, said employees in Taguig City. Lionel’s employment contract did not specify
can be terminated after due process. a period for his stay in the Philippines. After three years of
working in the Philippines, Lionel was advised that he was
(C) No. The positions left behind by strikers are deemed being recalled to New York and being promoted to the
legally unoccupied. Moreover, the hiring of replacement position of director of international call center operations.
workers does not terminate employer-employee However, because of certain "family reasons," Lionel
relationship because a strike is a temporary stoppage of advised the company of his preference to stay in the
work only. Finally, replacement workers are deemed to have Philippines. He was dismissed by the company. Lionel now
accepted their engagement subject to the outcome of the seeks your legal advice on:
strike.
(A) Whether he has a cause of action
7. Luisa Court is a popular chain of motels. It employs over (B) Whether he can file a case in the Philippines
30 chambermaids who, among others, help clean and (C) What are his chances of winning
maintain the rooms. These chambermaids are part of the
union rank-and-file employees which has an existing (A) Lionel has a cause of action. He has a right to be secure in
collective bargaining agreement (CBA) with the company. his job; his employer has the correlative obligation to respect
While the CBA was in force, Luisa Court decided to abolish that right; his dismissal constitutes a violation of his tenurial
the position of chambermaids and outsource the cleaning right; and said violation caused him legal injury.
of the rooms to Malinis Janitorial Services, a bona fide
independent contractor which has invested in substantial (B) Lionel can file an illegal dismissal case in the Philippines.
equipment and sufficient manpower. The chambermaids Being a resident corporation, J P Morgan is subject to
filed a case of illegal dismissal against Luisa Court. In Philippine Labor Laws. And, although hired abroad, Lionel’s
response, the company argued that the decision to place of work is Taguig. Hence, he can lodge his complaint
outsource resulted from the new management’s directive with the NLRC-NCR which has territorial jurisdiction over his
to streamline operations and save on costs. If you were the workplace (Sec. 1, Rule IV, NLRC Rules of Procedure, as
Labor Arbiter assigned to the case, how would you decide? amended).
I would declare the chambermaids to have been illegally (C) Lionel has reasonable chances of winning. His recall to the
dismissed. USA was not a lawful lateral transfer that he could not refuse.
On the contrary, it was a scalar transfer amounting to a
The chambermaids are regular employees for performing promotion which he could validly refuse. Absent willful
work necessary or desirable to the main trade of the Luisa disobedience, therefore, his termination is groundless.
Court. As such, they enjoy security of tenure. The job
contracting arrangement between Luisa Court and Malinis 10. Which of the following groups does not enjoy the right
Janitorial Services is prohibited by D.O. 18-A because it has to self-organization?
the effect of introducing workers to displace Luisa Court’s
regular workers. (A) Those who work in a non-profit charitable institution
(B) Those who are paid on a piece-rate basis
8. Luisa was hired as a secretary by the Asian Development (C) Those who work in a corporation with less than 10
Bank (ADB) in Manila. Luisa’s first boss was a Japanese employees
national whom she got along with. But after two years, the (D) Those who work as legal secretaries - Legal secretaries
latter was replaced by an arrogant Indian national who did are confidential employees.
not believe her work output was in accordance with
international standards. One day, Luisa submitted a draft 11. Our Lady of Peace Catholic School Teachers and
report filled with typographical errors to her boss. The Employees Labor Union (OLPCS-TELU) is a legitimate labor
latter scolded her, but Luisa verbally fought back. The organization composed of vice principals, department
Indian boss decided to terminate her services right then and heads, coordinators, teachers, and non-teaching personnel
there. Luisa filed a case for illegal dismissal with the Labor of Our Lady of Peace Catholic School (OLPCS).
Arbiter claiming arbitrariness and denial of due process. If
you were the Labor Arbiter, how would you decide the OLPCS-TELU subsequently filed a petition for certification
case? election among the teaching and non-teaching personnel of
OLPCS before the Bureau of Labor Relations (BLR) of the
I will dismiss the complaint for illegal dismissal. Department of Labor and Employment (DOLE). The Med-
Arbiter subsequently granted the petition and ordered the
Luisa committed serious misconduct. Her Indian boss, conduct of a joint certification election for the teaching and
regardless of his arrogant nature, had the clear right to non-teaching personnel of OLPCS.
reprimand her for her poor performance. Absent
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justification for verbally fighting back, Luisa’s act amounted May OLPCS-TELU be considered a legitimate labor
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strike, law may withhold said right. E.O. 180 is that law which
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19. Lanz was a strict and unpopular Vice-President for Sales (A) Yes, the action of Liwanag Corporation is valid.
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Lee, a poor performing sales associate, calling him, among The DOLE Secretary can assume jurisdiction in the event of a
others, a "brown monkey." Hurt, Lee decided to file a labor dispute likely to result in a strike in an industry
involving national interest, like energy production (Art.
263(g); D.O. 40-H-13). His AJ O, once duly served on the
union, will produce an injunctive effect. Hence, if ignored,
the union’s strike would be illegal even if it may have
complied with pre-strike procedure. As a consequence,
Liwanag Corporation may declare all the strikers as having
lost their employment as a consequence of their
intransigence (Sarmiento v. Tuico, 27 J une 1988).
(B) The union may file a complaint for illegal lockout, with
prayer for immediate reinstatement. The refusal of Liwanag
Corporation to admit the strikers back is an illegal lockout
because it is not preceded by compliance with prescribed
pre-lockout procedure. If the lockout is unreasonably
prolonged, the complaint may be amended to charge
constructive dismissal.
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