labor law mock bar

7/22/2019 Labor Law Mock Bar

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UNIVERSITY OF THE PHILIPPINESCOLLEGE OF LAW

Diliman, Quezon City

MOCK BAR (Set 1) EXAMINATIONS 2012LABOR LAW

Part I: MULTIPLE CHOICE (50 pts.)

INSTRUCTIONS: Choose the correct answer by shading the circle of the correspondingletter of your answer. Do not write anything in the questionnaire. Turn in thequestionnaire at the end of the exam. You have fifty (50) minutes to complete this part ofthe exam.

ANSWER SHEET

A B C D

1 O O O O2 O O O O3 O O O O4 O O O O5 O O O O

6 O O O O7 O O O O8 O O O O9 O O O O

10 O O O O


A B C D



25 O O O O


A B C D



40 O O O O



50 O O O O


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

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

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

B. Yes. The Union TPU no longer has the support of at least 25% of all the members ofthe 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 interviewsB. prohibiting his employee to surf the net during working hoursC. ordering his employee to write a sports article for a newspaperD. 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 selforganization?

A. Paying dues to a labor union by a member of the unionB. Voting during certification election by workers who are non-members of any unionC. Sending written proposals for a CBA to the employer in unorganized establishmentsD. 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 themanagement that he must join the only union in the factory within 10 days and pay uniondues otherwise he will be dismissed from his job. Mr. X questioned the policy of themanagement but the management pointed to a provision in the existing CBA providing thesame and applicable to all new employees of the factory. Mr. X still did not join the unionand was therefore dismissed from employment after having received a request from theunion to terminate Mr. Xs. Is the dismissal valid?


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

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

C. No, because Mr. Xs right to self-organization includes his right not to join a unionD. 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 tolaw

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

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

the Labor ArbiterC. can be filed before the Labor ArbiterD. 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 orsubcontractor to furnish a bond equal to the cost of labor under the contract toanswer for the wages of the employees

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

C. when the contractor fails to show sufficient capitalizationD. 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 forservices 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 forservices not performed or not to be performed

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

D. when there is an attempt to cause or to cause an employee to receive money forservices 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

daysC. 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.


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9. In a certification election conducted in a bargaining unit composed of 387 members, 194cast their votes. Of the votes cast, 102 voted for Union W, 73 voted for Union K, 14 choseNO Choice, and 4 were spoiled ballots. Can Union W be declared exclusive bargainingagent 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 officesB. developing and organizing a program that will facilitate occupational, industrial, and

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

C. serving as a liaisoon with migrant communities

D. requiring any person, establishment, organization or institution to submit prescribedemployment information

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

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

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

A. wages of the employeesB. other monetary claims of the workersC. government claimsD. none of the above

13. Who is responsible for determining and fixing minimum wage rates applicable to thedifferent regions and provinces or industries?

A. Secretary of Labor and EmploymentB. National Wages and Productivity CommissionC. 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.


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C. Valid but employees are not made to maintain union membership as a condition forcontinued 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 thefollowing 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 abusiness 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 establishmentfiled 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 presidentillegally converted union funds.

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

D. A legitimate labor organization in an unorganized establishment staged a strike dueto 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 memberB. making exaggerated and unreasonable proposals to the unionC. requiring the employee not to join a union organizationD. 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 abargaining deadlock. During the strike, members of the union barricaded the entrance to the


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premises of ABC Co. and threatened members of the management who attempted toremove the barricades. The Secretary of Labor then decided to assume jurisdiction over thedispute. The management refused to admit the officers of the union back for employmentand 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 theofficers. The officers of the union argue that the Secretary should have ruled on the validityof 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 labordispute 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-judicialpowers of his subordinates including the Labor Arbiters

C. No. The Labor Arbiter is the one who has authority to decide the validity of thedismissal because it has exclusive and original jurisdiction to decide illegal dismissalcase under the Labor Code

D. No. The Secretary of Labors decision to declare the strike illegal already implies thatthe 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 maybe hired, but to retain employment must become union members after a certain period.

A. closed shop agreementB. agency shop agreement

C. maintenance of membership shopD. union shop agreement

22. All are requisites of retrenchmentEXCEPT:

A. Actual losses must have already set in prior to retrenchment.B. The reduction of personnel is necessary to cut down on costs of operationsC. 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) minutesB. five (5) minutes to twenty (20) minutesC. ten (10) minutes to fifteen (15) minutesD. ten (10) minutes to twenty (20) minutes

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


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

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

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

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

25. The certified bargaining agent and PowertoolsEquipments Co. were negotiating a new CBAfor 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 CBAtook effect on 2012. The rank-and-file employees filed a complaint against the managementclaiming that the amount of the 13 th month pay released by the management fall short of thecorrect 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 suchbonus. Which of the following statements is correct?

A. The bonus, although demandable, is not one of the component benefits that must beconsidered for purposes of computing the 13 th month pay

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

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

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

26. Union P filed a petition for certification election for the bargaining unit in Company T. UnionD 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, thereforeviolating 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 disputesB. issues involving wage distortionC. bargaining deadlockD. 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 atask, job or project.


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A. subcontractorB. indirect contractorC. indirect employerD. 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 bythe employer on the following grounds except:

A. Strikes which economic in nature.

B. Strikes conducted to force wage increasesC. Strikes conducted due to union bustingD. 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 failsto pay the wages of his employees in accordance with the Labor Code, the employer shallbe ______ liable with his contractor or subcontractor to such employees to the extent of thework performed under the contract, in the same manner and extent that he is liable toemployees directly employed by him.

A. Jointly and solidarilyB. Secondarily

C. JointlyD. Jointly and severally

32. When a company has committed ULP by paying negotiation or attorney's fees to the unionor its offers or agents as part of the settlement of any issue in collective bargaining, who areheld criminally liable?

A. all the officers, agents and owner of the corporations, associations or partnershipsB. 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 forsuch absences

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


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34. Union A is a national union. It has as a chartered local Union B. Union A wants to filepetition for certification election to have Union B be recognized as exclusive bargainingagent in Company C, which has an existing CBA with Union D. Which of the following is notone 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 andemployers thereby creating an atmosphere of suspicion and mistrust in the workplace canbe dismissed from employment under which of the following grounds?

A. Loss of trust and confidenceB. Commission of a crimeC. Analogous causesD. Insubordination

36. Any worker whose employment has been terminated as a consequence of any unlawfullockout shall be entitled to

A. Reinstatement plus damagesB. ReinstatementC. Reinstatement with full backwagesD. 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 theprevailing minimum wage

C. the difference between the wage of a factory worker and the manager in a givenworkplace

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

38. Striking employees are not entitled to the payment of wages for un-worked days during theperiod 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 fordebts related to necessities?

A. salaryB. wageC. commission


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D. gratuity

40. In a legitimate contracting of labor, an employer-employee relationship exists between_____ and ____.

A. Principal/employer; workersB. Principal/employer; contractor/subcontractorC. Contractor/subcontractor; employeesD. DOLE; contractor

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

A. tools of tradeB. boardC. lodgingD. 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 regulationsissued by the Secretary of Labor and Employment

B. when stipulated in a collective bargaining agreementC. when expressly requested by the employeeD. 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 sameyear. Company HP filed a petition for certification election to determine which of the 3unions will be the exclusive bargaining agent of the rank-and-file employees of thecompany. 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 requestedto bargain collectively.

B. Yes. A petition for certification election can only be filed by a legitimate labororganization or a national union or federation.

C. No. The employer can file a petition for certification election when it wants to bargaincollectively.

D. No. The employer can file a petition for certification election if the legitimate labororganization or national union or federation fails to do so.

44. Which of the following circumstances does not show the employers exercise of control andsupervision over the workers?

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

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

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


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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 hisemployment

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

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

46. The provisions of the Labor Code on working conditions and rest periods apply to Mary, anemployee. She is a/an _________________.

A. government employeeB. managerial employeeC. employee in a non-profit organizationD. 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 nothingB. Left the workplace without permission during working hoursC. He does not show up for work with the intent of not returning to itD. 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 meetingC. Time spent by a farmer walking from his house to the farmD. 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 workinghours was dismissed by the employer outright. Which of the following remedies can he availof?

A. ReinstatementB. Reinstatement plus damagesC. Reinstatement plus backwagesD. 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 expiredC. He refused to agree with the proposals of the employees during CBA negotiationsD. He made proposals during CBA negotiations contrary to workers proposals resulting

in bargaining deadlock


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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 resolutionfrom 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 proceduralquestions regarding the filing of a complaint/petition with the Med-Arbiter. Upon the lawyersadvice, 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, isthe 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 thewage 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 thegrievance procedure under the CBA. The result was a deadlock. Members of the unionconducted 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 tothe 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 worldclass panciteria. After complying with all the requirements under the law, the bargaining uniondecided to conduct a strike due to unfair labor practices committed by the employer. Uponcognizance of the Secretary of DOLE, he invoked his powers under Art. 263(g) and immediatelyassumed jurisdiction over the dispute. The Assumption Order was served upon you. The headof 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 theemployers for a new Collective Bargaining Agreement. The CBA was concluded satisfactorily.One year after, the employers and union members have diverging interpretation as to theeconomic provision regarding the 16th month pay. Under the Labor Code, how should thedispute be resolved?

labor law mock bar

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