Labor Law Mock Bara

UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW

Diliman, Quezon City

MOCK BAR (Set 1) EXAMINATIONS 2012 LABOR LAW

Part I: MULTIPLE CHOICE (50 pts.) INSTRUCTIONS: Choose the correct answer by shading the circle of the corresponding letter of your answer. Do not write anything in the questionnaire. Turn in the questionnaire at the end of the exam. You have fifty (50) minutes to complete this part of the exam.

ANSWER SHEET

A B C D

1 O O O O 2 O O O O 3 O O O O 4 O O O O 5 O O O O

6 O O O O 7 O O O O 8 O O O O 9 O O O O

10 O O O O


A B C D




A B C D








INSTRUCTIONS: Choose the correct answer by shading the circle of the corresponding letter of your answer. Do not write anything in the questionnaire. Turn in the questionnaire at the end of the exam.

1. After a petition for certification election was filed by Union TPU about 9 of its members withdraw their membership from the union, which lowers its membership to 28. The bargaining unit which Union TPU seeks to represent has 120 members. The incumbent union, Union IOU, opposes the petition saying Union TPU it does not have substantial support of the employees. Is Union IOU right on its stance?

A. Yes. Withdrawal is presumed voluntary and it would affect the propriety of the

petition. B. Yes. The Union TPU no longer has the support of at least 25% of all the members of

the bargaining unit. C. No. Once the required percentage requirement is reached, the employees'

withdrawal from the union after the petition is filed will not affect such petition. D. No. The substantial support rule is discretionary only.

2. The presence of control of an employer over an employee as an element of employer-

employee relationship is exemplified by an employer:

A. ordering his employee to conduct research on the daily activities of politicians through personal interviews

B. prohibiting his employee to surf the net during working hours C. ordering his employee to write a sports article for a newspaper D. providing for the place and time of payment of his employees salary

3. Which of the following does not demonstrate the exercise of a workers right to self

organization?

A. Paying dues to a labor union by a member of the union B. Voting during certification election by workers who are non-members of any union C. Sending written proposals for a CBA to the employer in unorganized establishments D. Members of the union collectively slowing down work due to a labor dispute

4. Mr. X was recently employed in a garment factory as a sewer. He was informed by the

management that he must join the only union in the factory within 10 days and pay union dues otherwise he will be dismissed from his job. Mr. X questioned the policy of the management but the management pointed to a provision in the existing CBA providing the same and applicable to all new employees of the factory. Mr. X still did not join the union and was therefore dismissed from employment after having received a request from the union to terminate Mr. Xs. Is the dismissal valid?


Page 3 of 12

A. Yes, because all rank-and-file employees must apply for union membership in organized establishments

B. Yes, because the CBA provision cited by the management is a sufficient ground for dismissal

C. No, because Mr. Xs right to self-organization includes his right not to join a union D. No, because non-membership in a union is not a just or authorized cause for

dismissal under the Labor code hence the CBA provision is void for being contrary to law

5. Disputes over dismissal from the position of shop steward:

A. can be filed before the Bureau of Labor Relations B. must be filed before the Bureau of Labor Relations first before it can be filed before

the Labor Arbiter C. can be filed before the Labor Arbiter D. must be brought before the grievance committee before it can be filed before the

Labor Arbiter 6. When can the employer be jointly and severally liable with his contractor or subcontractor?

A. when the employer or indirect employer fails to require the contractor or

subcontractor to furnish a bond equal to the cost of labor under the contract to answer for the wages of the employees

B. when the contractor or subcontractor fails to pay the wages of his employees in accordance with the Labor Code

C. when the contractor fails to show sufficient capitalization D. when the employer exercises control and supervision over the employees

7. What is exaction-featherbedding in the context of unfair labor practice under the labor code?

A. when there is a an attempt to cause or to cause an employer to pay money for services which are not performed or not to be performed

B. when there is an attempt to cause or to cause an employer to receive money for services not performed or not to be performed

C. when there is an attempt to cause or to cause an employee to pay money for services not performed or not to be performed

D. when there is an attempt to cause or to cause an employee to receive money for services not performed or not to be performed

8. Which of the following is an incorrect statement in the procedure for collective bargaining?

A. When a party desires to negotiate an agreement, it must verbally convey its intention of wanting to present its proposals to the other party.

B. The other party shall then make a written reply thereto not later than 10 calendar days

C. Should differences arise on the basis of such notice and reply, either party may request for a conference shall begin not later than 10 days.

D. If the dispute is not settled, the Board shall intervene upon request of either or both parties.


Page 4 of 12

9. In a certification election conducted in a bargaining unit composed of 387 members, 194 cast their votes. Of the votes cast, 102 voted for Union W, 73 voted for Union K, 14 chose NO Choice, and 4 were spoiled ballots. Can Union W be declared exclusive bargaining agent in the bargaining unit?

A. Yes. It received the majority of the votes cast. B. Yes. It received at least 25% of the votes cast. C. No. All members of the bargaining unit should vote to have a valid election. D. No. At least a majority of the members of the bargaining unit should vote to have a

valid election.

10. The power and authority of the Secretary of Labor does not extend to

A. organizing and establishing new employment offices B. developing and organizing a program that will facilitate occupational, industrial, and

geographical mobility of labor and provide assistance in the relocation of workers from one area to another.

C. serving as a liaisoon with migrant communities D. requiring any person, establishment, organization or institution to submit prescribed

employment information

11. The procedural for a strike to be valid are mandatory. Non-compliance therewith makes the strike illegal. The following are the requirements for a valid strike except

A. Effort to bargain in accordance with the Labor Code B. It must be a right granted by the CBA of the parties. C. Filing of Notice of Intention D. Strike vote

12. Which shall enjoy first preference against claims to the employers business?

A. wages of the employees B. other monetary claims of the workers C. government claims D. none of the above

13. Who is responsible for determining and fixing minimum wage rates applicable to the

different regions and provinces or industries?

A. Secretary of Labor and Employment B. National Wages and Productivity Commission C. President of the Philippines D. Regional Tripartite Wage and Productivity Boards

14. Termination of employment pursuant to a union security clause:

A. Not included in the Labor Code and is thus not applicable in this jurisdiction. B. Valid where it is included in the CBA, the union has requested its application and

there is sufficient evidence to support the unions decision to expel the employee-member.


Page 5 of 12

C. Valid but employees are not made to maintain union membership as a condition for continued employment as this will be a restriction on their right of association.

D. Not valid because this prevents member disaffiliation. 15. Where there was a just cause for dismissal but due process was not observed, which of the

following statements is TRUE?

A. The dismissal was valid and employee is entitled to separation pay. B. The dismissal was invalid and employee is entitled to reinstatement and full back

wages or if reinstatement is not possible, separation pay. C. The dismissal was valid but employee is not entitled to reinstatement and back

wages. However, employer must indemnify employee for damages. D. The dismissal was valid but employee is not entitled to reinstatement and back

wages. But employer is liable for nominal damages. 16. The following statements are true EXCEPT:

A. An employee may terminate employment for just cause without necessity of a written

notice to his employer. B. The resignation where made voluntarily and is already accepted by the employer

may still be withdrawn at employees own initiative. C. The filing of an illegal dismissal case are inconsistent with resignation. D. There is constructive dismissal if the employee was forced to remain without work for

a period exceeding six (6) months or due to suspension of the operation of a business or undertaking exceeding 6 months.

17. Which of the following is a valid strike?

A. The union members of a legitimate labor organization in an organized establishment filed the notice of strike, complied with the cooling-off period and declared a strike due to the interference of the employer in the exercise of their right to self-organization.

B. The certified bargaining agent staged a strike on ground that the union president illegally converted union funds.

C. The recognized bargaining union staged the strike immediately after submission of the strike vote report but without waiting for the cooling-off period due to the union busting committed by the employer.

D. A legitimate labor organization in an unorganized establishment staged a strike due to unfair labor practices committed by the employer.

18. Blue sky bargaining in the context of unfair labor practice committed by an employer who is

____.

A. bargaining individually and directly to the union member B. making exaggerated and unreasonable proposals to the union C. requiring the employee not to join a union organization D. requiring the employee not to withdraw from a union organization for the duration of

the employment 19. Union ABC, the certified bargaining agent of ABC Co. conducted a strike because of a

bargaining deadlock. During the strike, members of the union barricaded the entrance to the


Page 6 of 12

premises of ABC Co. and threatened members of the management who attempted to remove the barricades. The Secretary of Labor then decided to assume jurisdiction over the dispute. The management refused to admit the officers of the union back for employment and dismissed them outright. The management filed a petition to declare the strike illegal. The Secretary declared the strike illegal but did not rule on the validity of the dismissal of the officers. The officers of the union argue that the Secretary should have ruled on the validity of their dismissal and also decide whether to award damages or not. Are they correct?

A. Yes. The Secretary of Labor has the authority to decide al issues arising from a labor

dispute once it assumed jurisdiction over a strike or lockout. B. Yes. The Secretary of labor, as the head of DOLE, can exercise all the quasi-judicial

powers of his subordinates including the Labor Arbiters C. No. The Labor Arbiter is the one who has authority to decide the validity of the

dismissal because it has exclusive and original jurisdiction to decide illegal dismissal case under the Labor Code

D. No. The Secretary of Labors decision to declare the strike illegal already implies that the dismissal is substantively and procedurally valid

20. The following employees are entitled to form a labor organization except:

A. Policemen. B. Security Guards. C. Self-employed individuals. D. Military.

21. It is a union security provision commonly found in CBAs which provides nonmembers may

be hired, but to retain employment must become union members after a certain period.

A. closed shop agreement B. agency shop agreement C. maintenance of membership shop D. union shop agreement

22. All are requisites of retrenchment EXCEPT:

A. Actual losses must have already set in prior to retrenchment. B. The reduction of personnel is necessary to cut down on costs of operations C. Expected or actual losses must be proved by sufficient and convincing evidence. D. The employer has served written notice to the employee and DOLE and separation

pay is made. 23. Rest periods or coffee breaks running from _________________________ shall be

considered as compensable working time.

A. five (5) minutes to fifteen (15) minutes B. five (5) minutes to twenty (20) minutes C. ten (10) minutes to fifteen (15) minutes D. ten (10) minutes to twenty (20) minutes

24. The following are the duties of public employment offices, except:


Page 7 of 12

A. Furnishing lists of registered job applicants and job openings to the Bureau of Employment Services

B. Arranging for the training or retraining of unemployed applicants in occupations or trades where they are suitably qualified and have greater prospect of employment.

C. Classifying registered applicants in accordance with job-titles and codes of the Philippine Standard Classification.

D. Organizing and establishing a nationwide job clearance and information system to inform registering applicants of job opportunities in other parts of the country as well as overseas.

25. The certified bargaining agent and PowertoolsEquipments Co. were negotiating a new CBA

for the years 2012-2017. They noted in the minutes of the CBA negotiation that the rank-and-file employees of the company are to be given yearly 5,000-peso bonuses. The CBA took effect on 2012. The rank-and-file employees filed a complaint against the management claiming that the amount of the 13th month pay released by the management fall short of the correct amount since the agreed 5,000-peso bonus was not considered in the calculation. The employer pointed however, that there was no provision in the CBA providing for such bonus. Which of the following statements is correct?

A. The bonus, although demandable, is not one of the component benefits that must be

considered for purposes of computing the 13th month pay B. The bonus is not demandable hence should not be considered for purposes of

computing the 13th month pay C. The bonus is demandable and must therefore be considered for purposes of

computing the 13th month pay D. The bonus, by its nature, can never be demandable and must not be considered for

purposes of computing the 13th month pay

26. Union P filed a petition for certification election for the bargaining unit in Company T. Union D intervened in the petition filed. Union P opposed the intervention on the ground that Union D is not supported by at least 25% of all the members of the bargaining unit, therefore violating the substantial support rule. Can Union D validly intervene in the petition?

A. Yes. The substantial support rule can be complied with anytime before the election. B. Yes. The substantial support rule applies only for filing for a petition for certification

election. C. No. The substantial support rule must be complied with at the time of intervention. D. No. The substantial support rule applies to both petition and intervention.

27. Which of the following is not a non-strikeable issue?

A. inter-union or intra-union disputes B. issues involving wage distortion C. bargaining deadlock D. violation of labor standards law, unless instances under Article 248 (c), (f), or (i).

28. ________________ shall refer to any person, partnership, association or corporation which,

not being an employer, contracts with an independent contractor for the performance of a task, job or project.


Page 8 of 12

A. subcontractor B. indirect contractor C. indirect employer D. labor only contractor

29. An economic strike is a strike where

A. A valid purpose exists and conducted through legal means. B. The reason is founded on a purpose not recognized by the law. C. Workers force wage or other economic benefits from the employer which is not

required by law. D. Workers force wage or other economic benefits from the employer which is required

by law. 30. A no strike, no lock-out provision in the CBA is a valid stipulation and can be enforced by

the employer on the following grounds except:

A. Strikes which economic in nature. B. Strikes conducted to force wage increases C. Strikes conducted due to union busting D. Strikes conducted for refusal to agree to proposed health care benefits.

31. In a legitimate contracting of labor, in the event the that the contractor or subcontractor fails

to pay the wages of his employees in accordance with the Labor Code, the employer shall be ______ liable with his contractor or subcontractor to such employees to the extent of the work performed under the contract, in the same manner and extent that he is liable to employees directly employed by him.

A. Jointly and solidarily B. Secondarily C. Jointly D. Jointly and severally

32. When a company has committed ULP by paying negotiation or attorney's fees to the union

or its offers or agents as part of the settlement of any issue in collective bargaining, who are held criminally liable?

A. all the officers, agents and owner of the corporations, associations or partnerships B. only the top management level of the corporations, associations or partnerships. C. all officers, agents who merely ratified the unfair labor practice. D. only those officers, agents and owners who authorized the unfair labor practice.

33. An employer can require an employee to perform overtime work when _______.

A. The worker has incurred unexcused absences and he/she wants to compensate for such absences

B. The two immediately following working days are holidays C. The president has declared a state of national emergency D. After re-admitting the members of the union who participated in an illegal strike.


Page 9 of 12

34. Union A is a national union. It has as a chartered local Union B. Union A wants to file petition for certification election to have Union B be recognized as exclusive bargaining agent in Company C, which has an existing CBA with Union D. Which of the following is not one of the requirements that need to be followed by Union A.?

A. Submit the names of the local chapters officers and members. B. Have the petition verified. C. Have a written consent of at least 25% of all employees in the bargaining unit. D. File the petition within the 60-day period before expiration of existing CBA.

35. An employee who always gossips about the personal secrets of his/her co-workers and

employers thereby creating an atmosphere of suspicion and mistrust in the workplace can be dismissed from employment under which of the following grounds?

A. Loss of trust and confidence B. Commission of a crime C. Analogous causes D. Insubordination

36. Any worker whose employment has been terminated as a consequence of any unlawful

lockout shall be entitled to

A. Reinstatement plus damages B. Reinstatement C. Reinstatement with full backwages D. Payroll reinstatement

37. There is wage distortion when the effect of the prescribed level of wages is to eliminate

A. certain bonuses enjoyed by the employees B. certain bonuses enjoyed by the employees resulting in a wage lower than the

prevailing minimum wage C. the difference between the wage of a factory worker and the manager in a given

workplace D. the difference between the wage of a factory worker and the manager in different

workplaces 38. Striking employees are not entitled to the payment of wages for un-worked days during the

period of the strike pursuant to the principle of No Work No Pay except

A. When the labor arbiter declares so. B. When the labor officers committed fraud in handling the affairs of the union C. When acts of violence were committed by the management during the strike. D. When the parties have an agreement to the contrary in their CBA.

39. Which if the following are not subject to execution, garnishment or attachment except for

debts related to necessities?

A. salary B. wage C. commission


Page 10 of 12

D. gratuity 40. In a legitimate contracting of labor, an employer-employee relationship exists between

_____ and ____.

A. Principal/employer; workers B. Principal/employer; contractor/subcontractor C. Contractor/subcontractor; employees D. DOLE; contractor

41. The term facilities shall not include the following articles or services:

A. tools of trade B. board C. lodging D. meal tickets

42. Payment of wages by check or money order shall not be allowed even

A. when it is necessary because of special circumstances in appropriate regulations issued by the Secretary of Labor and Employment

B. when stipulated in a collective bargaining agreement C. when expressly requested by the employee D. when such manner of payment is customary on the date of effectivity of the Labor

Code 43. In the Company HP 3 labor unions were certified legitimate labor organization in the same

year. Company HP filed a petition for certification election to determine which of the 3 unions will be the exclusive bargaining agent of the rank-and-file employees of the company. The Med-Arbiter denied the petition. Is the denial of the petition justified?

A. Yes. An employer can only file a petition for certification election when it is requested

to bargain collectively. B. Yes. A petition for certification election can only be filed by a legitimate labor

organization or a national union or federation. C. No. The employer can file a petition for certification election when it wants to bargain

collectively. D. No. The employer can file a petition for certification election if the legitimate labor

organization or national union or federation fails to do so. 44. Which of the following circumstances does not show the employers exercise of control and

supervision over the workers?

A. a clause in the contract between the employer and the contractor providing that any personnel found to be inefficient , troublesome and uncooperative and not observant to the rules and regulations set forth by the employer shall be reported to the contractor and may be replaced upon request.

B. when the employers supervisor refer to the contractors officers due to any discrepancy in

C. the performance of the workers D. when the employer has a right to assign the performance of the work to another


Page 11 of 12

E. when the employer reserves the right to hire or discharge an employee 45. An employee is employed on a fixed term basis when

A. he agreed knowingly and voluntarily with his employer to fix a period for his

employment B. when he is employed for a certain period to test his qualifications for a job C. when he repeatedly signs employment contracts with a fixed period to extend his

employment for the same job D. he is performing work under a contracting arrangement

46. The provisions of the Labor Code on working conditions and rest periods apply to Mary, an

employee. She is a/an _________________.

A. government employee B. managerial employee C. employee in a non-profit organization D. workers paid by takay/ pakiao basis

47. An employee is deemed to have abandoned his employment when

A. He is a factory worker and stays within the factory premises doing nothing B. Left the workplace without permission during working hours C. He does not show up for work with the intent of not returning to it D. He refused to perform a task assigned by his employer while in the premises of the

workplace and during working hours 48. Which of the following is a compensable hours worked?

A. Time spent by a doctor sleeping in his office during his/her shift B. Time spent by an employee in attending a union meeting C. Time spent by a farmer walking from his house to the farm D. Time spent by a mechanic cleaning his tools during lunch break

49. A cook repeatedly refused his employers order to wear gloves and a hairnet during working

hours was dismissed by the employer outright. Which of the following remedies can he avail of?

A. Reinstatement B. Reinstatement plus damages C. Reinstatement plus backwages D. Damages

50. An employer is deemed to have violated his duty to bargain collectively if:

A. He established a company union. B. He stopped implementing the terms of the CBA after it expired C. He refused to agree with the proposals of the employees during CBA negotiations D. He made proposals during CBA negotiations contrary to workers proposals resulting

in bargaining deadlock




Part II: ESSAY

INSTRUCTIONS: You have sixty (60) minutes to complete this part of the exam.

I.

The union levied a special assessment amounting to P300/month without a written resolution from the general membership. The application was limited to the 10 most affluent employees. One of the union member affected approached a labor lawyer to inquire some procedural questions regarding the filing of a complaint/petition with the Med-Arbiter. Upon the lawyers advice, the union member filed a complaint signed by him alone. The union objected because it the complaint was not signed by 30% of the union members affected. Under the Labor Code, is the procedure complied with? (Note: There are 100 union members all in all).

II.

The Regional Tripartite Wages and Productivity Board issued a Wage Order. By virtue of the wage order, a wage distortion was created. The collective bargaining agent (Makibaka Union) and the officials of Purified Foods Corporation tried to resolve the distortion through the grievance procedure under the CBA. The result was a deadlock. Members of the union conducted a strike. They have complied with all the procedures for conducting a strike.

a. Is there a valid ground for strike? b. Suppose, that instead of staging a strike the union members brought the case to

the NLRC for compulsory arbitration, would the remedy be correct?

III. You are the lawyer of a certified bargaining union of employees in an import-quality and world class panciteria. After complying with all the requirements under the law, the bargaining union decided to conduct a strike due to unfair labor practices committed by the employer. Upon cognizance of the Secretary of DOLE, he invoked his powers under Art. 263(g) and immediately assumed jurisdiction over the dispute. The Assumption Order was served upon you. The head of the union asked your advice if they can continue with the strike.

a. Is the assumption of jurisdiction valid? b. What are the immediate legal effects of the assumption order?

IV.

The employees of Luzon Airlines, through its collective bargaining agent, negotiated with the employers for a new Collective Bargaining Agreement. The CBA was concluded satisfactorily. One year after, the employers and union members have diverging interpretation as to the economic provision regarding the 16th month pay. Under the Labor Code, how should the dispute be resolved?

Documents

Labor Law Mock Bara