Legal Insights

Plain-language guides and case briefs on Philippine law — researched from the firm's law library of 184,000+ statutes, Supreme Court decisions, and agency issuances, and written so non-lawyers can understand and act on them.

Showing 114 of 14 articles for med-arbiter

Employer Interference and Unfair Labor Practices: The SCIPSI Ruling on Union Dues

When an employer withholds union dues under a CBA check-off, it is unfair labor practice—not an intra-union dispute—vesting jurisdiction in the Labor Arbiter.

Diminution of Benefits: Government Employees and Contractual Bonuses Clarified

Supreme Court clarifies when government employees may keep contractual bonuses like the 14th month pay, and the limits of non-diminution.

When Labor Officials Cannot Appeal: The Real Party-in-Interest Rule

A Supreme Court ruling clarifies that quasi-judicial officers like the Labor Secretary cannot appeal adverse appellate decisions, reinforcing judicial detachment.

Dividing Labor When Teaching and Non-Teaching Staff Form Unions

Philippine Supreme Court ruling on bargaining units when teaching and non-teaching personnel join one union.

Probationary Employees Can Vote in Certification Elections: Key SC Ruling

Supreme Court clarifies probationary employees' voting rights in certification elections, ordering a run-off after votes were wrongly excluded.

Union Shop Steward Is a Union Position: Lessons from Miranda v. Asian Terminals

The Supreme Court clarifies that a shop steward holds a union position, not a company post, and explains the limits of employer liability in intra-union disputes.

Union Registration Validity and Challenges in Philippine Labor Context

Philippine Supreme Court clarifies that a registered union's legal personality cannot be collaterally attacked in certification election cases.

Union Officer Elections Must Follow Union Constitution and Bylaws: USTFU Case

Supreme Court rules union officer elections must follow the union's constitution and bylaws, not general faculty assemblies.

Rank-and-File vs Managerial Employees: Key Evidence for Union Certification in the Philippines

Learn what evidence proves managerial or supervisory status in Philippine union certification elections, based on the A.D. Gothong case.

Managerial vs. Supervisory Employees: Unionization Rights Under Philippine Labor Law

Learn how Philippine law distinguishes managerial from supervisory employees and why misclassification can block unionization rights.

Retroactive Registration: How Late Filings Can Validate Labor Union Petitions in the Philippines

Philippine Supreme Court explains when late union registration can retroactively validate a certification election petition under labor law.

Defining Confidential Employees: Union Membership and Collective Bargaining Rights in the Philippines

Supreme Court clarifies who qualifies as a confidential employee barred from union membership, and how bargaining units are determined.

Mixed Union Membership When Supervisors Cant Join Rank AND File Unions IN THE Philippines

Philippine Supreme Court explains why a union mixing rank-and-file and supervisory employees cannot file for certification election.

Contract Bar Rule Explained: Certification Elections and CBAs in the Philippines

Learn how the contract bar rule limits certification elections during a CBA's term, based on the Formey Plastic case.