JURISTS BAR REVIEW CENTER™2014 MOCK BAR EXAMINATIONS LABOR LAW 07 September 2014 1 pm to 5 pm This mock bar examination consists of 12 essay questions and 20 MCQs. MCQs are to be answered by writing in your Examination Notebook the capital letter (A, B, C, D) corresponding to your chosen answer. The MCQ answers should begin in the page following the last page of your essay answers. There is only one correct answer to every MCQ; choose the correct answer from among the offered choices. Note that some MCQs may need careful analysis both of the questions and the choices offered. Use the Jurists MCQ tactics and strategies in answering the MCQ portion. Write your answers in your Bar Examination Notebook in the same order the questions are posed. Write your answers only at the front, not the back, page of every sheet in your Examination Notebook. In your answers, use the numbering system in the questionnaire. If the sheets provided in your Examination Notebook are not sufficient for your answers, use the back pages of every sheet of your Examination Notebook, starting at the back page of the first sheet and the back of the succeeding sheets thereafter. Answer the Essay questions legibly, clearly, and concisely. Start each number on a separate page. An answer to a sub-question under the same number may be written continuously on the same page and the immediately succeeding pages until completed. A mere "Yes" or "No" answer without any corresponding explanation or discussion will not be give any credit. Thus, always briefly but fully explain your answers although the question does not expressly ask for an explanation. At the same time, remember that a complete explanation does not require that you volunteer information or discuss legal doctrines that are not necessary or pertinent to the solution to the problem. You do not need to re-write or repeat the question in your Examination Notebook. Make sure you do not write your name or any extraneous notes or distinctive marking/s on your Examination Notebook that can serve as an identifying mark/s (such as names that are not in the given questions, prayers, or private notes to the Examiner). Writing, leaving or making any distinguishing or identifying mark in the Examination Notebook is considered cheating and can disqualify you for the Bar examinations. You can use the questionnaire for notes you may wish/need to write during the examination. ESSAY QUESTIONS I Mel Vanco is a well-known newspaper columnist. She signed a contract with PQI Daily to write a weekly column in the Lifestyle Section of the paper. She was paid a monthly remuneration of P311,000.00. The column had been in print for almost two years when the paper decided to cancel the column upon the expiration of its latest contract with Ms. Vanco. The columnist protested the discontinuance of her monthly talent fee, claiming 2014 Labor Law Mock Bar Examination for Jurists Bar Review Center Page 1 of 8 how would you justify its decision to cancel Ms. Alleging illegal dismissal. he filed a case with the Labor Arbiter. 2014 Labor Law Mock Bar Examination for Jurists Bar Review Center Page 2 of 8 . The officers of the union countered by demanding their termination from the company pursuant to the “closed shop” provision in the CBA. Emilio was contracted for 14 months. Vanco a regular employee? II A group of employees in XYZ Factory belonging to a religious sect. it would enter into an employment contract with Emilio for a fixed period that coincided with the need for his services. Every time that DEF had a project. a. in conformity with the teachings and dictates of their religion. The members of the sect protested and demanded that the wage increase be extended to them. During the pendency of the petition. Is the contention of Emilio correct? b. Discuss the rules for rest day compensation How much is the compensation of an employee who works on his rest day which also fell on a regular holiday? How much is the compensation of an employee when he works on a day with two regular holidays? V The Malayang Unyon ng mga Manggagawa at Obrero (MUMO). Is the CBA provision valid? b. The management opposed its petition on the ground that MUMO is a leftist organization and always espousing radical ideas. B. an independent union filed a petition for registration with the BLR. refused to join the labor union in the factory. How is a project employee distinguished from a regular employee? IV A. usually for a duration of three to six months. The labor union was able to negotiate a substantial wage increase in its collective bargaining agreement with the management. Vanco’s program which in effect terminated her services in the process? (b) Is Ms. a certification election was held and MUMO won the election. a. Since the last project involved the construction of a 10-storey building. DEF did not rehire Emilio. After the end of the 14 month contract. Should the company comply with the union’s demand of terminating the members of the religious sect? III Emilio is a carpenter employed by DEF Construction Company for almost ten years. C. A provision therein stated that the wage increase would be paid to the members of the union only in view of a “closed shop” union security clause in the new agreement.that it was tantamount to her illegal dismissal from the newspaper since she has already attained the status of a regular employee. (a) As the newspaper’s legal counsel. a third rating of “below average” will result in dismissal. the management refused to bargain with MUMO and instead filed a petition for injunction with the RTC of Manila to enjoin the union from bargaining with the management. its members staged a strike. a) Did the union stage a strike? b) What are the requisites of a valid strike? c) Was the dismissal of the workers valid? d) May the Secretary of Labor intervene and order the workers to stop their activities and return to work? IX Joyce Anne is an office personnel. Manny Yakin called Joyce into his office a few days before submitting her performance 2014 Labor Law Mock Bar Examination for Jurists Bar Review Center Page 3 of 8 . its members informed the company of their intention to return to work. Is this contention correct? Explain. MUMO filed a case for damages with the Regional Trial Court contending among others that the refusal of the management to bargain with MUMO constitutes ULP. Assuming the company admits all the strikers. thus the management has the ground to dismiss the striking workers. the union members went to the streets and marched to and fro carrying streamers denouncing the employer for alleged acts of ULP. VIII ALYANSA. She was given a “below average” rating in the last evaluation two periods. CTE refused to give in to the union’s demands. A rating of “outstanding” is rewarded with a salary increase. The employer immediately dismissed all the union members and officers on the ground that the strike staged by the union was illegal. VI As a result of bargaining deadlock between CTE Corporation and CTE Employees Union. it cannot be accused of engaging in prohibited labor-only contracting. several employees committed illegal acts. can it later on dismiss those employees who committed illegal acts? VII A contractor was accused of engaging in labor-only contracting. Can CTE Corporation refuse to admit all the strikers? b. During the strike. According to the office’s personnel policy. She was due for her performance evaluation which is conducted every year.However. Identify and resolve all the issues involved in this case. a. Due to the refusal of the management to bargain. a local union submitted to its employer a demand to bargain on the 60th day of the 5th year of the CBA. Eventually. Mr. The contractor claimed that since it has duly registered as a contractor and has been issued a Certificate of Registration by the Department of Labor and Employment. The employer refused to bargain on the ground that there is another union who is planning to file a petition for certification election. a. The employer contended that Lucio is only entitled to damages because the dismissal was due to a cause authorized by law. Mr. Alleging illegal dismissal. The Labor Arbiter stated that since PAL is an “indirect employer” under Article 107 of the Labor Code. Yakin with the prosecutor’s office. Joyce found that her third and last rating was “poor. Yakin then warned her to “be careful” because she might regret her decision. XI Unicorn Security Services Inc. (USSI) is an independent contractor and security agency which provides guards for Philippine Airlines (PAL). Yakin claimed that he never asked for any sexual favor from Joyce in consideration of giving her an “outstanding” rating. PAL terminated the same after 30-day notice. Did the Labor Arbiter have jurisdiction over the case? XII David is a managerial employee of World Health Organization (WHO). Lucio then filed a case for illegal dismissal with the Regional Arbitration Branch. after 3 months. what remedy or remedies can Joyce pursue? X Lucio Marinero is a seaman. he was repatriated due to the severe financial losses that the employer has suffered. He also alleged that the complaint was premature because Joyce failed to refer the matter to the Grievance Committee for investigation and resolution before the case against him was filed. Later on the Labor Arbiter rendered a decision in favor of USSI. He was dismissed due to loss of trust and confidence. The Labor Arbiter dismissed the case on the ground that the Civil Service Commission and not the NLRC has jurisdiction over the matter. In her reply affidavit. USSI “as trustee” for its security guards filed an action for recovery of termination pay benefits against PAL before the Labor Arbiter. there is an employeremployee relationship between PAL and the security guards. Was there work related sexual harassment? b.ratings. He has an initial contract of 9 months. Identify and resolve the issues involved in this case. However. Because of USSI’s breach of the security service agreement. The Labor Arbiter did not rule on the motion to dismiss. He invited her to join him in his rest house in Tagaytay during the weekend. he filed a case before the NLRC. and Joyce again declined. Was the ruling of the Arbiter correct? 2014 Labor Law Mock Bar Examination for Jurists Bar Review Center Page 4 of 8 . Thereafter he was given another contract for 18 months. In his counter-affidavit. Mr. A few days later.” Joyce then filed a complaint for sexual harassment against Mr. She politely declined. PAL filed a motion to dismiss on the ground that there is no employer-employee relationship between USSI and its employees on one hand and PAL on the other. Joyce claimed that there was no need for a prior referral to the Grievance Committee since sexual harassment is a criminal offense. Yakin repeated his invitation. Assuming that the criminal case for sexual harassment was dismissed by the prosecutor. A bargaining unit consisting of 120 employees had a certification election with Unions X. D. D. Dr. A. This is a take it or leave it position of the employer. No because registration of the CBA is a mandatory requirement. The employer is wrong because the remedy is to settle the issue first before filing a motion to dismiss 3. No because he is not a regular employee B.MULTIPLE CHOICE QUESTIONS 1. Yes because it was voluntarily entered into by the union and the management B. Union X got 15 votes. There should be no union because it got the highest number of votes C. Yes it is valid but it cannot bind a third person C. The employer is correct because the complainant must present proof that he is illegally dismissed C. Blue sky bargaining 2014 Labor Law Mock Bar Examination for Jurists Bar Review Center Page 5 of 8 . After the execution of the CBA. A. There should be a runoff election between unions X and Y D. Rule on the issue. his employer filed a motion to dismiss the case contending among others that Norman was not able to prove by clear and convincing proof that he was dismissed illegally. Who won in the certification election? A. The employer is wrong because a motion to dismiss is a prohibited motion D. No one won because there was a failure of election 2. Boulwareism B. Norman was dismissed by his employer. because professors are performing activities which are necessary and desirable to the business or trade of the school 4. 19 votes. the union and the management decided not to register it with the BLR so that they could save on the payment of the registration fee. Angal filed a case for illegal dismissal with the Labor Arbiter. Manang Angal just like most of the professors in the college of medicine is teaching a load of about 12 to 15 units per semester.Z as contenders. No. Due to its nature. union Z got 5 votes while no union got 20 votes. Yes. union Y. On his tenth year as professor he was not given a teaching load. Union Y won because it is the union who got the highest number of valid votes B. because part-time employees do not attain permanent status no matter how long they have served the school.Y. The employer is correct because the one who alleges must be the one to prove it. Dr. B. When he filed a case for illegal dismissal with the Arbiter. 5. it is prohibited in Philippine Labor laws. No because the registration fee was not paid. Yes. because even par time faculty members enjoy security of tenure C. Is the CBA valid? A. a security agency. Will he win his case? A. is equivalent to backwages D. An employee whose employment has been fixed for a specific task or undertaking. during which the latter determines whether or not he is qualified for permanent employment. Seasonal employee C. It will entitle him to the benefits under the CBA C. the completion or termination of which has been determined at the time of the engagement of the employee or where the work or services to be performed is seasonal in nature and the employment is for the duration of the season. Probationary employee 7. A. A dismissal due to abandonment of duties is a just cause for dismissal because _________ 2014 Labor Law Mock Bar Examination for Jurists Bar Review Center Page 6 of 8 . A. It is considered in Labor Laws as the price or penalty that the employer must pay for having illegally dismissed an employee. Backwages B. B. What is the effect of the continuous rehiring of a project based employee? A. A. project employee D. Which of the following is not an act of ULP? A. It will make him a casual employee B. He is an employee who is on trial for an employer. Regular employee B. Payroll reinstatement D. Damages C. regular employee B. Attorney’s fees 8. To pay negotiation or attorney’s fees to the union or its officers or agents as part of the settlement of any issue in collective bargaining or any other dispute 12. casual employee 10. seasonal employee C. Surface bargaining D. restrain or coerce employees in the exercise of their right to self. It will make him a regular employee 11. A. is not deductible from backwages C. To favor a woman employee over a male employee D.organization. Unfair labor practice 6. To interfere with. Project employee D. is the same as backwages B. It will make him a regular employee while the task exists D. Separation Pay ____________. is deductible from backwages 9. Yellow dog contract C.C. time. and the discipline. B agency should be held liable for collection of excessive fee. B. upon payment of registration fee. D. Ong before the DOLE . working methods. Ong sought your advice as counsel. it is similar to gross and habitual neglect of duties. 13. C. B agency should be held liable for non issuance of receipt. What would you tell him? A. national union or industry or trade union center or an independent union shall acquire legal personality and shall be entitled to the rights and privileges granted by law to legitimate labor organizations ________________________ A. The employees are not entitled to these labor standards benefits because Mr. lay-off of workers. Mr. It is defined as improper or wrong conduct. work assignments. it constitutes as an offense against the employer C. the employer has a right to discipline his employees D. upon issuance of the certification that it won in the lection D.000. it is one of the enumerated grounds for the dismissal of employees B. A applied with B agency. including hiring. A federation. B charged A P10. While in the process of selection by the employer. transfer of employees. tools to be used. all aspects of employment. It must be of such a grave and aggravated character and not merely trivial or unimportant. Misconduct B. Serious misconduct D. upon showing that its members comprise at least twenty five percent (25%) of all the employees in the bargaining unit where it seeks to operate 14. 17. A.A. dismissal and recall of workers. Negligence C. transferring an employee B.00 as placement fee. The exercise of management prerogatives excludes _____________ A. processes to be followed. place and manner of work C. B. disallowing a woman employee to marry while employed 15. Ong in his hardware store. a forbidden act. Fatima together with eight other workers are employed by Mr. D. B agency should be held liable for misrepresentation due to the collection of fee.NCR Regional Office for violation of labor standards laws. B agency should be held liable for premature collection of placement fee. Ong’s hardware is just a small business undertaking. if there is any? A. Mr. willful in character and implies wrongful intent and not mere error of judgment. 2014 Labor Law Mock Bar Examination for Jurists Bar Review Center Page 7 of 8 . What is the liability of B agency. C. Gross negligence 16. It is the transgression of some established and definite rule of action. working regulations. work supervision. A complaint for non – payment of overtime pay and night shift differential pay was filed against Mr. Ong should pay the employees because they are entitled to these benefits since they are rank and file employees. upon issuance of the certificate of registration B. supervision of workers. a dereliction of duty. C. 18. No because he is not a regular employee B. because there is a need for an alien working permit to be issued by the DOLE under the Labor Code. D. Bureau of Labor Relations D. 19. It hired you as counsel. C. Secretary of Labor 20. Will he win his case? A. Cruz just like most of the professors in the college of medicine is teaching a load of about 12 to 15 units per semester. Yes. Its application was denied on the merits. KMPP an independent union filed an application for registration with the DOLE. Yes. The employees are entitled to these benefits because they are not among the category of workers who are specifically excluded by the coverage of Book III of the Labor Code. Where would you appeal the order denying the application for registration? A. because professors are performing activities which are necessary and desirable to the business or trade of the school. BLR and the Secretary of Labor B. because a shareholder has the right to participate in the affairs of the corporation under the Corporation Code. Can an alien who is a shareholder of a corporation engaged in the recruitment and placement of workers be appointed as Operations Manager of the agency? A. because management of a recruitment agency is reserved only to Filipinos under the Anti-Dummy Law. Yes. No. No. Regional Office and the BLR C. because even par time faculty members enjoy security of tenure D. Dr. Yes. Dr. B. The employees are not entitled to these labor standards benefits because they are employed in a retail establishment employing not more than ten workers. because being the owner of a share he has the right to use and enjoy his right. -oOo- 2014 Labor Law Mock Bar Examination for Jurists Bar Review Center Page 8 of 8 . No. because part-time employees do not attain permanent status no matter how long they have served the school. On his tenth year as professor he was not given a teaching load. C. Cruz filed a case for illegal dismissal with the Labor Arbiter. D.