Exam Labor Relations

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MIDTERM EXAMINATION

Labor Relations and Negotiations

NIEL S. DEFENSOR, J.D.


College Instructor

Part I. Definition. Total 20 Points

Instruction: Provide the definition of the following question below. Write the whole words or phrases/names (2 Points
Each)

1. That branch of labor law that regulates the activities of labor organizations and prescribes the procedures on
collective bargaining and the modes and machinery for the settlement of labor disputes and termination of
employment.
2. That branch of law that governs and regulates the relationship between employers and employee.
3. Agency which have exclusive and original authority to act on all inter-union and intra-union conflicts.
4. Any Labor Organizations duly registered with the DOLE and includes any branch or local thereof.
5. Any person in the employ of an employer.
6. A legitimate labor organization or any officer or agent of such organization whether or not employed by the
employer.
7. Employees vested with powers or prerogatives to lay down and execute management policies.
8. Employees engaged to perform activities not usually necessary or desirable in the usual business or trade of the
employer.
9. Those engage to perform activities usually necessary or desirable in the usual conduct or trade of the employer.
10. The principal government agency that hears and decides labor-management disputes.

Part II. Multiple Choice. Total 20 Points

Instruction: Choose the correct answer in the blank. Write the correct letters only (2 Points Each)

1. The State shall affirm labor as a primary social ___________________.


a. armed force c. economic force
b. political force d. government force
2. All doubts in the implementation and interpretation of the provisions of Labor Code must be resolved in favor of
________________.
a. employer c. labor
b. employee d. worker
3. Employees which are not covered by the Labor Code are________________.
a. Agricultural Employees c. Government Employees
b. Supervisory Employees d. Casual Employees
4. The minimum age for employment is ___________ years old.
a. 18 c. 13
b. 21 d. 15
5. The NLRC is composed of a Chairman and _______members.
a. 21 c. 18
b. 23 d. 7
6. ______________ includes all disputes or grievances arising from any violation of or disagreements over any
provisions of the constitutions and by laws of a union.
a. Internal union dispute c. External union dispute
b. Strike d. Lock out
7. _________________Includes any controversy o manner concerning terms or conditions of employment or the
association or representation in negotiating the term and conditions of employment.
a. Unfair Labor Practice c. Internal union dispute
b. Labor Dispute d. External union dispute
8. ____________________ is the process of settlement of labor disputes by a government agency that has
authority to investigate and make an wards which is binding to the parties.
a. Compulsory mediation c. Compulsory settlement
b. Compulsory arbitration d. Compulsory conciliation
9. Unfair labor practices cases belongs to the exclusive jurisdiction of the ________________.
a. National Labor Relations Commission c. Department of Labor and Employment
b. Bureau of Labor Relations d. Labor Arbiter
10. _______________is the agency which keeps a registry of legitimate labor organizations.
a. National Labor Relations Commission c. Department of Labor and Employment
b. Bureau of Labor Relations d. Labor Arbiter

Part III. Matching Type. Total 20 Points

Instruction: Match the correct letters corresponding with the numbers. Write the correct letters only (2 Points Each)

1. intra-union dispute a. casual


2. Regional Tripartite Wage & Productivity Board b. reinstatement
3. Bureau of Labor Relations c. cancellation of registration
4. Perfection of appeal d. Iloilo City
5. National Labor Relations Commission e. union
6. 7th Division of NLRC f. Cebu City
7. 8th Division of NLRC g. reciprocal concessions
8. Attorney’s fee h. decide appealed cases
9. Probationary employees i. on trial basis
10. Amicable settlement j. Cagayan City
k. posting of bond
l. conflict between the members of union
m. minimum wage

Part III. Enumeration. Total 20 Points

Instruction: Provide the following answers to the questions below. (1 Point Each)

1. Give at least 5 powers of the NLRC. (5)


2. Enumerate the requirements registration for the organization or union. (5)
3. Give the grounds for cancellation of union registration. (3)
4. Enumerate the test of employer-employee relationship. (4)
5. Give at least 3 Instances where a non-lawyer may appear before the NLRC or Labor Arbiter. (5)

Part IV. Essay. Total 20 Points

Instruction: Provide the following answers to the questions below. (10 Point Each)

1. John Sy is the owner of MYX Sea Foods and Restaurant, two (2) of the employees in the restaurant filed a case
before the Labor Arbiter which decides in the favor of employees. John received the decision of the Labor
Arbiter which dated February 16, 2023 on February 22, 2023, with an award of reinstatement and payment of
10 Thousand Pesos as actual damages.
a. Can John Sy still appeal the decision? Explain. 5pts
b. What will John Sy do to the employees while on appeal? 5 pts

2. Malou Co is call center agent in Bacolod City, her daily rate is Php 500. Receiving her salary from February 1-14,
2023 she seems dismayed because of some computation discrepancies regarding overtime pay and night shift
differential. After the Human Resource Department refused to listen to her request, she want to seek help but
she still works in the company.
a. What agency has jurisdiction over her case since she still works in the company? Explain 5 pts
b. Can the Labor Arbiter acquire jurisdiction over the case? Explain 5 pts

“All depends on how determined we are to be successful.” – Robert Kiyosaki.

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