REVIEW FOR MIDTERMS February 4, 2020

MCQ QUESTIONS- 2011 to 2013 BAR EXAM

REVIEW FOR MIDTERMS

-----2011-----

1. The union’s by-laws provided for burial assistance to the family of

a member who dies. When Carlos, a member, died, the union denied
his wife's claim for burial assistance, compelling her to hire a lawyer
to pursue the claim. Assuming the wife wins the case, may she also
claim attorney's fees?

(A) No, since the legal services rendered has no connection to

CBA negotiation.

(B) Yes, since the union should have provided her the assistance
of a lawyer.

(C) No, since burial assistance is not the equivalent of wages.

(D) Yes, since award of attorney's fee is not limited to cases of

withholding of wages.

1. The union’s by-laws provided for burial assistance to the family of a member
who dies. When Carlos, a member, died, the union denied his wife's claim for
burial assistance, compelling her to hire a lawyer to pursue the claim.
Assuming the wife wins the case, may she also claim attorney's fees?

(A) No, since the legal services rendered has no connection to CBA
negotiation.

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(B) Yes, since the union should have provided her the assistance of a
lawyer.

(C) No, since burial assistance is not the equivalent of wages.

(D) Yes, since award of attorney's fee is not limited to cases of

withholding of wages.

2. The existing collective bargaining unit in Company X includes some

fifty “secretaries” and “clerks” who routinely record and monitor
reports required by their department heads. Believing that these
secretaries and clerks should not be union members because of the
confidential nature of their work, the management discontinued
deducting union dues from their salaries. Is the management’s action
legal?

(A) No, only managers are prohibited from joining unions; the
law does not bar “confidential employees” from joining unions.

(B) No, “confidential employees” are those who assist persons

who formulate, determine, or enforce management policies in
the field of labor relations.

(C) Yes, secretaries and clerks of company executives are

extensions of the management and, therefore, should not join
the union.

(D) No, “confidential” employees are those who handle

executive records and payroll or serve as executive secretaries
of top-level managers.

2. The existing collective bargaining unit in Company X includes some fifty

“secretaries” and “clerks” who routinely record and monitor reports required
by their department heads. Believing that these secretaries and clerks should
not be union members because of the confidential nature of their work, the
management discontinued deducting union dues from their salaries. Is the
management’s action legal?

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(A) No, only managers are prohibited from joining unions; the law does
not bar “confidential employees” from joining unions.

(B) No, “confidential employees” are those who assist persons who
formulate, determine, or enforce management policies in the field of
labor relations.

(C) Yes, secretaries and clerks of company executives are extensions of

the management and, therefore, should not join the union.

(D) No, “confidential” employees are those who handle executive

records and payroll or serve as executive secretaries of top-level
managers.

3. Llanas Corporation and Union X, the certified bargaining agent of

its employees, concluded a CBA for the period January 1, 2000 to
December 31, 2004. But, long before the CBA expired, members of
Union Y, the minority union, showed dissatisfaction with the CBA
under the belief that Union X was a company union. Agitated by its
members, Union Y filed a petition for a Certification Election on
December 1, 2002. Will the petition prosper?

(A) No, such a petition can only be filed within the freedom
period of the CBA.

(B) No, since a petition for certification can be filed only upon
the expiration of the CBA.

(C) Yes, a certification is the right remedy for ousting a company

union.

(D) Yes, employees should be allowed to cancel at the earliest

opportunity a CBA that they believed was obtained by a company
union.

3. Llanas Corporation and Union X, the certified bargaining agent of its

employees, concluded a CBA for the period January 1, 2000 to December 31,
2004. But, long before the CBA expired, members of Union Y, the minority

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union, showed dissatisfaction with the CBA under the belief that Union X was
a company union. Agitated by its members, Union Y filed a petition for a
Certification Election on December 1, 2002. Will the petition prosper?

(A) No, such a petition can only be filed within the freedom period of the
CBA.

(B) No, since a petition for certification can be filed only upon the
expiration of the CBA.

(C) Yes, a certification is the right remedy for ousting a company union.

(D) Yes, employees should be allowed to cancel at the earliest

opportunity a CBA that they believed was obtained by a company union.

4. The CBA for the period January 2007 to December 2009 granted the
employees a P40 per day increase with the understanding that it is
creditable as compliance to any future wage order. Subsequently, the
regional wage board increased by P20 the minimum wage in the
employer’s area beginning January 2008. The management claims
that the CBA increase may be considered compliance even if the Wage
Order itself said that “CBA increase is not creditable as compliance to
the Wage Order.” Is the management's claim valid?

(A) Yes, since creditability of the CBA increase is the free and
deliberate agreement and intention of the parties.

(B) Yes, since the Wage Order cannot prejudice the

management’s vested interest in the provisions of the CBA.

(C) No, disallowing creditability of CBA pay increase is within the

wage board's authority.

(D) No, the CBA increase and the Wage Order are essentially
different and are to be complied with separately.

4. The CBA for the period January 2007 to December 2009 granted the
employees a P40 per day increase with the understanding that it is creditable

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as compliance to any future wage order. Subsequently, the regional wage

board increased by P20 the minimum wage in the employer’s area beginning
January 2008. The management claims that the CBA increase may be
considered compliance even if the Wage Order itself said that “CBA increase
is not creditable as compliance to the Wage Order.” Is the management's claim
valid?

(A) Yes, since creditability of the CBA increase is the free and deliberate
agreement and intention of the parties.

(B) Yes, since the Wage Order cannot prejudice the management’s
vested interest in the provisions of the CBA.

(C) No, disallowing creditability of CBA pay increase is within the wage
board's authority.

(D) No, the CBA increase and the Wage Order are essentially different
and are to be complied with separately.

5. The employees’ rights to organize and to bargain collectively are

means of exercising the broader right to participate in policy or
decision-making processes. The employees' right to participate in
policy and decision making processes is available

(A) if a labor-management council exists.

(B) if a labor-management council does not exist.

(C) if a union exists and it agrees to the creation of a labor-

management council.

(D) whether or not a labor-management council exists.

5. The employees’ rights to organize and to bargain collectively are means of

exercising the broader right to participate in policy or decision-making
processes. The employees' right to participate in policy and decision making
processes is available

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(A) if a labor-management council exists.

(B) if a labor-management council does not exist.

(C) if a union exists and it agrees to the creation of a labor-management

council.

(D) whether or not a labor-management council exists.

6. Government employees may elect a union as their exclusive

representative but this right is not available to

(A) regular employees in government instrumentalities and

agencies.

(B) employees of government-owned and -controlled

corporations without original charters.

(C) employees of government-owned-or-conrolled corporations

with original charters.

(D) employees of provincial and local government units.

6. Government employees may elect a union as their exclusive representative

but this right is not available to

(A) regular employees in government instrumentalities and agencies.

(B) employees of government-owned and -controlled corporations

without original charters.

(C) employees of government-owned-or-conrolled corporations with

original charters.

(D) employees of provincial and local government units.

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7. The State has a policy of promoting collective bargaining and

voluntary arbitration as modes of settling labor disputes. To this end,
the voluntary arbitrator’s jurisdiction has not been limited to
interpretation and implementation of collective bargaining
agreements and company personnel policies. It may extend to “all
other labor disputes,” provided

(A) the extension does not cover cases of union busting.

(B) the parties agreed to such extended jurisdiction.

(C) the parties are allowed to appeal the voluntary arbitrator's

decision.

(D) the parties agreed in their CBA to broaden his jurisdiction.

7. The State has a policy of promoting collective bargaining and voluntary

arbitration as modes of settling labor disputes. To this end, the voluntary
arbitrator’s jurisdiction has not been limited to interpretation and
implementation of collective bargaining agreements and company personnel
policies. It may extend to “all other labor disputes,” provided

(A) the extension does not cover cases of union busting.

(B) the parties agreed to such extended jurisdiction.

(C) the parties are allowed to appeal the voluntary arbitrator's decision.

(D) the parties agreed in their CBA to broaden his jurisdiction.

8. Quiel, a househelper in the Wilson household since 2006, resigned

from his job for several reasons. One reason was the daily 12-hour
workday without any rest day. When he left his job he had unpaid
wages totaling P13,500.00 which his employer refused to pay. He
wants to claim this amount though he is not interested in getting back
his job. Where should he file his claim?

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(A) He should file his claim with the DSWD, which will eventually
endorse it to the right agency.

(B) Since he has no interest in reinstatement, he can file his

claim with the office of the regional director of the Department
of Labor.

(C) He should file his claim exceeding P5,000.00 with the office
of the labor arbiters, the regional arbitrators representing the
NLRC.

(D) He should go to the Employee’s Compensation Commission.

8. Quiel, a househelper in the Wilson household since 2006, resigned from

his job for several reasons. One reason was the daily 12-hour workday without
any rest day. When he left his job he had unpaid wages totaling P13,500.00
which his employer refused to pay. He wants to claim this amount though he
is not interested in getting back his job. Where should he file his claim?

(A) He should file his claim with the DSWD, which will eventually endorse
it to the right agency.

(B) Since he has no interest in reinstatement, he can file his claim with
the office of the regional director of the Department of Labor.

(C) He should file his claim exceeding P5,000.00 with the office of the
labor arbiters, the regional arbitrators representing the NLRC.

(D) He should go to the Employee’s Compensation Commission.

9. For labor, the Constitutionally adopted policy of promoting social

justice in all phases of national development means

(A) the nationalization of the tools of production.

(B) the periodic examination of laws for the common good.

(C) the humanization of laws and equalization of economic

forces.
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(D) the revision of laws to generate greater employment.

9. For labor, the Constitutionally adopted policy of promoting social justice in

all phases of national development means

(A) the nationalization of the tools of production.

(B) the periodic examination of laws for the common good.

(C) the humanization of laws and equalization of economic forces.

(D) the revision of laws to generate greater employment.

10. The constitution promotes the principle of shared responsibility

between workers and employers, preferring the settlement of
disputes through

(A) compulsory arbitration.

(B) collective bargaining.

(C) voluntary modes, such as conciliation and mediation.

(D) labor-management councils.

10. The constitution promotes the principle of shared responsibility between

workers and employers, preferring the settlement of disputes through

(A) compulsory arbitration.

(B) collective bargaining.

(C) voluntary modes, such as conciliation and mediation.

(D) labor-management councils.

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11. Of the four grounds mentioned below, which one has been
judicially affirmed as justification for an employee’s refusal to follow
an employer’s transfer order?

(A) A transfer to another location is not in the employee's

appointment paper.

(B) The transfer deters the employee from exercising his right
to self-organization.

(C) The transfer will greatly inconvenience the employee and his
family.

(D) The transfer will result in additional housing and travel

expenses for the employee.

11. Of the four grounds mentioned below, which one has been judicially
affirmed as justification for an employee’s refusal to follow an employer’s
transfer order?

(A) A transfer to another location is not in the employee's appointment

paper.

(B) The transfer deters the employee from exercising his right to self-
organization.

(C) The transfer will greatly inconvenience the employee and his family.

(D) The transfer will result in additional housing and travel expenses for
the employee.

12. Which of the following acts is NOT considered unfair labor practice
(ULP)?

(A) Restraining employees in the exercise of the right to self-

organization.

(B) Union's interference with the employee's right to self-

organization.
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(C) Refusal to bargain collectively with the employer.

(D) Gross violation of the collective bargaining agreement by the

union.

12. Which of the following acts is NOT considered unfair labor practice (ULP)?

(A) Restraining employees in the exercise of the right to self-

organization.

(B) Union's interference with the employee's right to self-organization.

(C) Refusal to bargain collectively with the employer.

(D) Gross violation of the collective bargaining agreement by the union.

13. Where the petition for a certification election in an unorganized

establishment is filed by a federation, it shall NOT be required to
disclose the

(A) names of the local chapter's officers and members.

(B) names and addresses of the federation officers.

(C) names and number of employees that initiated the union

formation in the enterprise.

(D) names of the employees that sought assistance from the

federation in creating the chapter.

13. Where the petition for a certification election in an unorganized

establishment is filed by a federation, it shall NOT be required to disclose the

(A) names of the local chapter's officers and members.

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(B) names and addresses of the federation officers.

(C) names and number of employees that initiated the union formation
in the enterprise.

(D) names of the employees that sought assistance from the federation
in creating the chapter.

14. X Company’s CBA grants each employee a 14th month year-end

bonus. Because the company is in financial difficulty, its head wants
to negotiate the discontinuance of such bonus. Would such proposal
violate the “nondiminution rule” in the Labor Code?

(A) No, but it will certainly amount to negotiating in bad faith.

(B) Yes since the rule is that benefits already granted in a CBA
cannot be withdrawn or reduced.

(C) No, since the law does not prohibit a negotiated

discontinuance of a CBA benefit.

(D) Yes, since such discontinuance will cancel the enjoyment of

existing benefits.

14. X Company’s CBA grants each employee a 14th month year-end bonus.
Because the company is in financial difficulty, its head wants to negotiate the
discontinuance of such bonus. Would such proposal violate the “nondiminution
rule” in the Labor Code?

(A) No, but it will certainly amount to negotiating in bad faith.

(B) Yes since the rule is that benefits already granted in a CBA cannot
be withdrawn or reduced.

(C) No, since the law does not prohibit a negotiated discontinuance of a
CBA benefit.

(D) Yes, since such discontinuance will cancel the enjoyment of existing
benefits.
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15. Differentiate a “labor organization” from a “legitimate labor

organization.”

(A) While the employees themselves form a “labor

organization,” a “legitimate labor organization” is formed at the
initiative of a national union or federation.

(B) While the members of a “labor organization” consists only of

rank and file employees, a “legitimate labor organization”
consists of both supervisory and rank and file employees.

(C) While a “labor organization” exists for a lawful purpose, a

“legitimate labor organization” must, in addition, be registered
with the labor department.

(D) While the officers in a “labor organization” are elected in an

informal way, the officers in “legitimate labor organization” are
formally elected according to the union's constitution and by-
laws.

15. Differentiate a “labor organization” from a “legitimate labor organization.”

(A) While the employees themselves form a “labor organization,” a

“legitimate labor organization” is formed at the initiative of a national
union or federation.

(B) While the members of a “labor organization” consists only of rank

and file employees, a “legitimate labor organization” consists of both
supervisory and rank and file employees.

(C) While a “labor organization” exists for a lawful purpose, a “legitimate

labor organization” must, in addition, be registered with the labor
department.

(D) While the officers in a “labor organization” are elected in an informal

way, the officers in “legitimate labor organization” are formally elected
according to the union's constitution and by-laws.

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16. The Securities and Exchange Commission approved a merger that

allowed Broad Bank to absorb the assets and liabilities of EBank.
Broad Bank also absorbed EBank’s rank-and-file employees without
change in tenure, salary, and benefits. Broad Bank was unionized but
EBank was not. The Broad Bank bargaining union requested the
management to implement the union security clause in their CBA by
requiring the ex-EBank employees to join the union. Does the union
security clause in the Broad Bank CBA bind the ex-EBank employees?

(A) No, since the ex-EBank employees were not yet Broad Bank
employees when that CBA was entered into.

(B) No, Broad Bank’s absorption of ex-EBank employees was not

a requirement of law or contract; hence, the CBA does not apply.

(C) Yes, Broad Bank’s absorption of ex-EBank employees

automatically makes the latter union members of Broad Bank’s
bargaining union.

(D) Yes, since the right not to join a labor union is subordinate
to the policy of unionism that encourages collective
representation and bargaining.

16. The Securities and Exchange Commission approved a merger that allowed
Broad Bank to absorb the assets and liabilities of EBank. Broad Bank also
absorbed EBank’s rank-and-file employees without change in tenure, salary,
and benefits. Broad Bank was unionized but EBank was not. The Broad Bank
bargaining union requested the management to implement the union security
clause in their CBA by requiring the ex-EBank employees to join the union.
Does the union security clause in the Broad Bank CBA bind the ex-EBank
employees?

(A) No, since the ex-EBank employees were not yet Broad Bank
employees when that CBA was entered into.

(B) No, Broad Bank’s absorption of ex-EBank employees was not a

requirement of law or contract; hence, the CBA does not apply.

(C) Yes, Broad Bank’s absorption of ex-EBank employees automatically

makes the latter union members of Broad Bank’s bargaining union.

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(D) Yes, since the right not to join a labor union is subordinate to the
policy of unionism that encourages collective representation and
bargaining.

17. During the CBA negotiation the management panel proposed a

redefinition of the “rank-and-file” bargaining unit to exclude “HR
Specialist” in the human resource department and “Analyst” in the
research and development department. The union panel objected
since those affected have already been included in the bargaining unit
covered by the existing CBA and so could no longer be excluded. Is
the union correct in insisting that their exclusion would amount to bad
faith on the part of the management panel?

(A) No, efforts to modify an existing CBA do not constitute bad

faith if such modification does not diminish employment
benefits.

(B) Yes, the proposed exclusion amounts to management’s

violation of its duty to bargain because it disregards the
bargaining history between the parties.

(C) Yes, once the coverage of the bargaining unit has been
contractually defined, it can no longer be redefined.

(D) No, bargaining history is not the only factor that determines
the coverage of the bargaining unit; seeking its redefinition is
not negotiating in bad faith.

17. During the CBA negotiation the management panel proposed a redefinition
of the “rank-and-file” bargaining unit to exclude “HR Specialist” in the human
resource department and “Analyst” in the research and development
department. The union panel objected since those affected have already been
included in the bargaining unit covered by the existing CBA and so could no
longer be excluded. Is the union correct in insisting that their exclusion would
amount to bad faith on the part of the management panel?

(A) No, efforts to modify an existing CBA do not constitute bad faith if
such modification does not diminish employment benefits.

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(B) Yes, the proposed exclusion amounts to management’s violation of

its duty to bargain because it disregards the bargaining history between
the parties.

(C) Yes, once the coverage of the bargaining unit has been contractually
defined, it can no longer be redefined.

(D) No, bargaining history is not the only factor that determines the
coverage of the bargaining unit; seeking its redefinition is not
negotiating in bad faith.

-----2012-----

1. Which is not a procedural requirement for the correction of wage

distortion in an unorganized establishment?
a. Both employer and employee will attempt to correct the
distortion;
b. Settlement of the dispute through National Conciliation and
Mediation Board (NCMB);
c. Settlement of the dispute through voluntary arbitration in
case of failure to resolve dispute through CBA dispute
mechanism;
d. A and B.

2. Which is not a procedural requirement for the correction of wage

distortion in an unorganized establishment?
a. Both employer and employee will attempt to correct the
distortion;
b. Settlement of the dispute through National Conciliation and
Mediation Board (NCMB);
c. Settlement of the dispute through voluntary arbitration in case of
failure to resolve dispute through CBA dispute mechanism;
d. A and B.

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3. The most important factor in determining the existence of an

employer-employee relationship is the:
a. Power to control the method by which employees are hired
and selected;
b. Power to control the manner by which employees are
transferred from one job site to another;
c. Power to control the results achieved by giving guidelines
to the employees;
d. Power to control the results to be achieved and the
employee's method of achieving the task.

4. The most important factor in determining the existence of an employer-

employee relationship is the:
a. Power to control the method by which employees are hired and
selected;
b. Power to control the manner by which employees are transferred
from one job site to another;
c. Power to control the results achieved by giving guidelines to the
employees;
d. Power to control the results to be achieved and the employee's
method of achieving the task.

5. A neighbor's gardener comes to you and asks for help because

his employer withheld his salary for two (2) months amounting
to P4,000.00. Where will you advise him to file his complaint?
a. Labor Arbiter;
b. DOLE Regional Director;
c. Conciliator/Mediator;
d. MTC Judge.

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6. A neighbor's gardener comes to you and asks for help because his
employer withheld his salary for two (2) months amounting to
P4,000.00. Where will you advise him to file his complaint?
a. Labor Arbiter;
b. DOLE Regional Director;
c. Conciliator/Mediator;
d. MTC Judge.

7. The following may file a Petition for Certification Election,

except:
a. The employer;
b. The legitimate labor organization;
c. The Federation on behalf of the chapter;
d. The Workers' Association.

8. The following may file a Petition for Certification Election, except:

a. The employer;
b. The legitimate labor organization;
c. The Federation on behalf of the chapter;
d. The Workers' Association.

9. The following are grounds to deny the Petition for Certification

Election, except:
a. The petitioning union is illegitimate or improperly
registered;
b. Non-appearance for two consecutive schedules before the
Med-Arbiter by petitioning union;
c. The inclusion of members outside the bargaining unit;
d. Filed within an existing election bar.

10. The following are grounds to deny the Petition for Certification
Election, except:

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a. The petitioning union is illegitimate or improperly registered;

b. Non-appearance for two consecutive schedules before the Med-
Arbiter by petitioning union;
c. The inclusion of members outside the bargaining unit;
d. Filed within an existing election bar.

11. Which is not a constitutional right of the worker?

a. The right to engage in peaceful concerted activities;
b. The right to enjoy security of tenure;
c. The right to return on investment;
d. The right to receive a living wage.

12. Which is not a constitutional right of the worker?

a. The right to engage in peaceful concerted activities;
b. The right to enjoy security of tenure;
c. The right to return on investment;
d. The right to receive a living wage.

13. Kevin, an employee of House of Sports, filed a complaint

with the DOLE requesting the investigation and inspection of the
said establishment for labor law violations such as
underpayment of wages, non-payment of 13th month pay, non-
payment of rest day pay, overtime pay, holiday pay, and service
incentive leave pay. House of Sports alleges that DOLE has no
jurisdiction over the employees' claims where the aggregate
amount of the claims of each employee exceeds P5,000.00,
whether or not accompanied with a claim for reinstatement. Is
the argument of House of Sports tenable?
a. Yes, Article 1 ~9 of the Labor Code shall apply, and thus,
the Labor Arbiter has jurisdiction;
b. No, Article 128 (b) of the Labor Code shall apply, and thus,
the DOLE Regional Director has jurisdiction;
c. Yes, if the claim exceeds P5,000.00, the DOLE Secretary
loses jurisdiction;
d. No, a voluntarily arbitrator has jurisdiction because the
matter involved is a grievable issue.

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14. Kevin, an employee of House of Sports, filed a complaint with the

DOLE requesting the investigation and inspection of the said
establishment for labor law violations such as underpayment of wages,
non-payment of 13th month pay, non-payment of rest day pay,
overtime pay, holiday pay, and service incentive leave pay. House of
Sports alleges that DOLE has no jurisdiction over the employees' claims
where the aggregate amount of the claims of each employee exceeds
P5,000.00, whether or not accompanied with a claim for reinstatement.
Is the argument of House of Sports tenable?
a. Yes, Article 1 ~9 of the Labor Code shall apply, and thus, the Labor
Arbiter has jurisdiction;
b. No, Article 128 (b) of the Labor Code shall apply, and thus, the
DOLE Regional Director has jurisdiction;
c. Yes, if the claim exceeds P5,000.00, the DOLE Secretary loses
jurisdiction;
d. No, a voluntarily arbitrator has jurisdiction because the matter
involved is a grievable issue.

15. It is defined as any union or association of employees

which exists in whole or in part for the purpose of collective
bargaining with employers concerning terms and conditions of
employment.
a. Bargaining representative;
b. Labor organization;
c. Legitimate labor organization;
d. Federation.

16. It is defined as any union or association of employees which exists

in whole or in part for the purpose of collective bargaining with
employers concerning terms and conditions of employment.
a. Bargaining representative;
b. Labor organization;
c. Legitimate labor organization;
d. Federation.

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17. This process refers to the submission of the dispute to an

impartial person for determination on the basis of the evidence
and arguments of the parties. The award is enforceable to the
disputants.
a. Arbitration;
b. Mediation;
c. Conciliation;
d. Reconciliation.

18. This process refers to the submission of the dispute to an impartial

person for determination on the basis of the evidence and arguments of
the parties. The award is enforceable to the disputants.
a. Arbitration;
b. Mediation;
c. Conciliation;
d. Reconciliation.

19. In what instances do labor arbiters have jurisdiction over

wage distortion cases?
a. When jurisdiction is invoked by the employer and
employees in organized establishments;
b. When the case is unresolved by Grievance Committee;
c. After the panel of voluntarily arbitrators has made a
decision and the same is contested by either party;
d. In unorganized establishments when the same is not
voluntarily resolved by the parties before the NCMM.

20. In what instances do labor arbiters have jurisdiction over wage

distortion cases?
a. When jurisdiction is invoked by the employer and employees in
organized establishments;
b. When the case is unresolved by Grievance Committee;

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c. After the panel of voluntarily arbitrators has made a decision and

the same is contested by either party;
d. In unorganized establishments when the same is not voluntarily
resolved by the parties before the NCMM.

21. Is a termination dispute a grievable issue?

a. Yes, if the dismissal arose out of the interpretation or
Implementation of the CBA;
b. No, once there's actual termination, the issue is cognizable
by a Labor Arbiter;
c. Yes, it is in the interest of the parties that the dispute be
resolved on the establishment level;
d. No, a voluntary arbitrator must take cognizance once
termination is made effective.

22. Is a termination dispute a grievable issue?

a. Yes, if the dismissal arose out of the interpretation or
Implementation of the CBA;
b. No, once there's actual termination, the issue is cognizable by a
Labor Arbiter;
c. Yes, it is in the interest of the parties that the dispute be resolved
on the establishment level;
d. No, a voluntary arbitrator must take cognizance once termination
is made effective.

23. Which of the following is a right and/or condition of

membership in a labor organization?
a. No arbitrary or excessive initiation fees shall be required of
the members of a legitimate labor organization nor shall
arbitrary, excessive or oppressive fine and forfeiture be
imposed;
b. The members shall be entitled to full and detailed reports
from their officers and representatives of all financial
transactions as provided for in the constitution and bylaws
of the organization;

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c. No labor organization shall knowingly admit as members

or continue in membership any individual who belongs to a
subversive organization or who is engaged directly or
indirectly in any subversive activity;
d. All of the above.

24. Which of the following is a right and/or condition of membership

in a labor organization?
a. No arbitrary or excessive initiation fees shall be required of the
members of a legitimate labor organization nor shall arbitrary,
excessive or oppressive fine and forfeiture be imposed;
b. The members shall be entitled to full and detailed reports from
their officers and representatives of all financial transactions as
provided for in the constitution and bylaws of the organization;
c. No labor organization shall knowingly admit as members or
continue in membership any individual who belongs to a
subversive organization or who is engaged directly or indirectly in
any subversive activity;
d. All of the above.

25. Which phrase most accurately completes the statement -

Members of cooperatives:
a. can invoke the right to collective bargaining because it is a
fundamental right under the Constitution.
b. can invoke the right to collective bargaining because they
are permitted by law.
c. cannot invoke the right to collective bargaining because
each member is considered an owner.
d. cannot invoke the right to collective bargaining because
they are expressly prohibited by law.

26. Which phrase most accurately completes the statement -

Members of cooperatives:

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a. can invoke the right to collective bargaining because it is a

fundamental right under the Constitution.
b. can invoke the right to collective bargaining because they are
permitted by law.
c. cannot invoke the right to collective bargaining because each
member is considered an owner.
d. cannot invoke the right to collective bargaining because they are
expressly prohibited by law.

27. What is the quantum of evidence required in labor cases?

a. The degree of proof which produces the conclusion that the
employee is guilty of the offense charged in an
unprejudiced mind;
b. Such amount of relevant evidence which a reasonable mind
might accept as adequate to justify a conclusion;
c. That degree of proof which is greater in weight than the
opposing party's evidence;
d. Such evidence which must be highly and substantially more
probable to be true than not which convinces the trier of
facts of its factuality.

28. What is the quantum of evidence required in labor cases?

a. The degree of proof which produces the conclusion that the
employee is guilty of the offense charged in an unprejudiced mind;
b. Such amount of relevant evidence which a reasonable mind might
accept as adequate to justify a conclusion;
c. That degree of proof which is greater in weight than the opposing
party's evidence;
d. Such evidence which must be highly and substantially more
probable to be true than not which convinces the trier of facts of
its factuality.

29. Which of the following is cognizable by the Bureau of Labor

Relations Med-Arbiters?
a. Unfair labor practice for violation of the CBA filed by the
Workers Union of Company X against Company X;

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b. Claim for back wages filed by overseas contract worker

Xena against her Saudi Arabian employer;
c. Contest for the position of MG Union President brought by
Ka Joe, the losing candidate in the recent union elections;
d. G contesting his removal as Chief Executive Officer of
Company Z.

30. Which of the following is cognizable by the Bureau of Labor

Relations Med-Arbiters?
a. Unfair labor practice for violation of the CBA filed by the Workers
Union of Company X against Company X;
b. Claim for back wages filed by overseas contract worker Xena
against her Saudi Arabian employer;
c. Contest for the position of MG Union President brought by Ka Joe,
the losing candidate in the recent union elections;
d. G contesting his removal as Chief Executive Officer of Company
Z.

31. J refused to comply with his deployment assignment with

K, a manning agency. K filed a complaint against him for breach
of contract before the Philippine Overseas Employment
Administration (POEA). The POEA penalized J with one (1) year
suspension from overseas deployment. On appeal, the
suspension was reduced to six (6) months by the Secretary of
Labor. Is the remedy of appeal still available to J and where
should he file his appeal?
a. Yes, he can file an appeal before the Court of Appeals via a
Petition for Certiorari under rule 65;
b. Yes, he can file an appeal before the Supreme Court via a
Petition for Certiorari under Rule 65;
c. Yes, he can file an appeal before the Office of the President
since this is an administrative case;
d. Yes, he can file an appeal before the National Labor
Relations Commission because there is an employer-
employee relationship.

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32. J refused to comply with his deployment assignment with K, a

manning agency. K filed a complaint against him for breach of contract
before the Philippine Overseas Employment Administration (POEA). The
POEA penalized J with one (1) year suspension from overseas
deployment. On appeal, the suspension was reduced to six (6) months
by the Secretary of Labor. Is the remedy of appeal still available to J
and where should he file his appeal?
a. Yes, he can file an appeal before the Court of Appeals via a Petition
for Certiorari under rule 65;
b. Yes, he can file an appeal before the Supreme Court via a Petition
for Certiorari under Rule 65;
c. Yes, he can file an appeal before the Office of the President since
this is an administrative case;
d. Yes, he can file an appeal before the National Labor Relations
Commission because there is an employer-employee relationship.

33. At what particular point does a labor organization acquire

a legal personality?
a. On the date the agreement to organize the un1on is signed
by the majority of all its members;
b. On the date the application for registration is duly filed with
the Department of Labor.;
c. On the date appearing on the Certificate of Registration;
d. On the date. the Certificate of Registration is actually
issued.

34. At what particular point does a labor organization acquire a legal

personality?
a. On the date the agreement to organize the un1on is signed by the
majority of all its members;
b. On the date the application for registration is duly filed with the
Department of Labor.;
c. On the date appearing on the Certificate of Registration;
d. On the date. the Certificate of Registration is actually issued.

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-----2013-----

1. The parties to a labor dispute can validly submit to voluntary

arbitration _________. (1%)

(A) any disputed issue they may agree to voluntarily arbitrate

(B) only matters that do not fall within the exclusive jurisdiction
of the Labor Arbiter

(C) any disputed issue but only after conciliation at the National
Conciliation and Mediation Board fails

(D) any disputed issue provided that the Labor Arbiter has not
assumed jurisdiction over the case on compulsory arbitration

(E) only matters relating to the interpretation or implementation

of a collective bargaining agreement

1. The parties to a labor dispute can validly submit to voluntary arbitration

_________. (1%)

(A) any disputed issue they may agree to voluntarily arbitrate

(B) only matters that do not fall within the exclusive jurisdiction of the
Labor Arbiter

(C) any disputed issue but only after conciliation at the National
Conciliation and Mediation Board fails

(D) any disputed issue provided that the Labor Arbiter has not assumed
jurisdiction over the case on compulsory arbitration

(E) only matters relating to the interpretation or implementation of a

collective bargaining agreement

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2. When there is no recognized collective bargaining agent, can a

legitimate labor organization validly declare a strike against the
employer? (1%)

(A) Yes, because the right to strike is guaranteed by the

Constitution and cannot be denied to any group of employees.

(B) No, because only an exclusive bargaining agent may declare

a strike against the employer.

(C) Yes, because the right to strike is a basic human right that
the country's international agreements and the International
Labor Organization recognize.

(D) Yes, but only in case of unfair labor practice.

(E) No, in the absence of a recognized bargaining agent, the

workers' recourse is to file a case before the Department of
Labor and Employment.

2. When there is no recognized collective bargaining agent, can a legitimate

labor organization validly declare a strike against the employer? (1%)

(A) Yes, because the right to strike is guaranteed by the Constitution

and cannot be denied to any group of employees.

(B) No, because only an exclusive bargaining agent may declare a strike
against the employer.

(C) Yes, because the right to strike is a basic human right that the
country's international agreements and the International Labor
Organization recognize.

(D) Yes, but only in case of unfair labor practice.

(E) No, in the absence of a recognized bargaining agent, the workers'

recourse is to file a case before the Department of Labor and
Employment.

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3. Samahang Tunay, a union of rank-and-file employees lost in a

certification election at Solam Company and has become a minority
union. The majority union now has a signed CBA with the company
and the agreement contains a maintenance of membership clause.

What can Samahang Tunay still do within the company as a union

considering that it still has members who continue to profess
continued loyalty to it? (1%)

(A) It can still represent these members in grievance committee

meetings.

(B) It can collect agency fees from its members within the
bargaining unit.

(C) It can still demand meetings with the company on company

time.

(D) As a legitimate labor organization, it can continue to

represent its members on non-CBA-related matters.

(E) None of the above.

(F) All of the above.

3. Samahang Tunay, a union of rank-and-file employees lost in a certification

election at Solam Company and has become a minority union. The majority
union now has a signed CBA with the company and the agreement contains a
maintenance of membership clause.

What can Samahang Tunay still do within the company as a union considering
that it still has members who continue to profess continued loyalty to it? (1%)

(A) It can still represent these members in grievance committee

meetings.

(B) It can collect agency fees from its members within the bargaining
unit.

(C) It can still demand meetings with the company on company time.

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(D) As a legitimate labor organization, it can continue to represent its

members on non-CBA-related matters.

(E) None of the above.

(F) All of the above.

4. Upon the expiration of the first three (3) years of their CBA, the
union and the company commenced negotiations. The union
demanded that the company continue to honor their 30-day union
leave benefit under the CBA. The company refused on the ground that
the CBA had already expired, and the union had already consumed
their union leave under the CBA.

Who is correct? (1%)

(A) The company is correct because the CBA has expired; hence
it is no longer bound to provide union leave.

(B) The company is correct because the union has already

consumed the allotted union leave under the expired CBA.

(C) The union is correct because it is still the bargaining

representative for the next two (2) years.

(D) The union is correct because union leaves are part of the
economic terms that continue to govern until new terms are
agreed upon.

(E) They are both wrong.

4. Upon the expiration of the first three (3) years of their CBA, the union and
the company commenced negotiations. The union demanded that the
company continue to honor their 30-day union leave benefit under the CBA.
The company refused on the ground that the CBA had already expired, and
the union had already consumed their union leave under the CBA.

Who is correct? (1%)

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(A) The company is correct because the CBA has expired; hence it is no
longer bound to provide union leave.

(B) The company is correct because the union has already consumed
the allotted union leave under the expired CBA.

(C) The union is correct because it is still the bargaining representative

for the next two (2) years.

(D) The union is correct because union leaves are part of the economic
terms that continue to govern until new terms are agreed upon.

(E) They are both wrong.

5. The Pinagbuklod union filed a Petition for Certification Election,

alleging that it was a legitimate labor organization of the rank-and-
file employees of Delta Company. On Delta's motion, the Med Arbiter
dismissed the Petition, based on the finding that Pinagbuklod was not
a legitimate labor union and had no legal personality to file a Petition
for Certification Election because its membership was a mixture of
rank-and-file and supervisory employees.

Is the dismissal of the Petition for Certification Election by the Med-

Arbiter proper? (1%)

(A) Yes, because Article 245 of the Labor Code prohibits

supervisory employees from joining the union of he rank and file
employees and provides that a union representing both rank and
file and supervisory employees as members is not a legitimate
labor organization.

(B) No, because the grounds for the dismissal of a petition for
certification election do not include mixed membership in one
umon.

(C) No, because a final order of cancellation of union registration

is required before a petition for certification election may be
dismissed on the ground of lack of legal personality of the umon.

(D) No, because Delta Company did not have the legal
personality to participate in the certification election

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proceedings and to file a motion to dismiss based on the

legitimacy status of the petitioning union.

5. The Pinagbuklod union filed a Petition for Certification Election, alleging that
it was a legitimate labor organization of the rank-and-file employees of Delta
Company. On Delta's motion, the Med Arbiter dismissed the Petition, based
on the finding that Pinagbuklod was not a legitimate labor union and had no
legal personality to file a Petition for Certification Election because its
membership was a mixture of rank-and-file and supervisory employees.

Is the dismissal of the Petition for Certification Election by the Med-Arbiter

proper? (1%)

(A) Yes, because Article 245 of the Labor Code prohibits supervisory
employees from joining the union of he rank and file employees and
provides that a union representing both rank and file and supervisory
employees as members is not a legitimate labor organization.

(B) No, because the grounds for the dismissal of a petition for
certification election do not include mixed membership in one umon.

(C) No, because a final order of cancellation of union registration is

required before a petition for certification election may be dismissed on
the ground of lack of legal personality of the umon.

(D) No, because Delta Company did not have the legal personality to
participate in the certification election proceedings and to file a motion
to dismiss based on the legitimacy status of the petitioning union.

-----END-----

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