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All Jurisprudence based

0 tracked cards Labor and Social Legislation

During the freedom period after a petition for certification was filed with the NLRC, a private IT services firm with 520 employees publicly announces that employees who join the union will be ineligible for the upcoming quarterly performance bonus; two union organizers are reassigned to less favorable projects; and salary adjustments for joiners are withheld. An employee joins the union during the freedom period. After the election, the reassigned organizers are restored and the salary withholds are lifted, but the bonus ineligibility for joiners remains. Which statement best captures (a) the controlling doctrine governing the freedom period and its scope, (b) which acts during the freedom period infringe or do not infringe that doctrine, and (c) the appropriate remedy under Philippine law?

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The controlling doctrine is that only direct threats or promises during the freedom period are unlawful; the bonus ineligibility is the sole coercive act, while reassignment and withholds are permissible; remedy is to rescind only the bonus ineligibility. The controlling doctrine is that the freedom period is a protected interval during which employer acts aimed at coercing employees to join or refrain from joining a union constitute unfair labor practices; the described actions (bonus ineligibility for joiners, reassignment of union organizers, and withholding of salary adjustments for joiners) are coercive during the freedom period; remedy includes restoring the reassigned organizers to prior shifts, lifting the salary withholds, retroactive restoration of bonus eligibility for joiners, and applicable back pay. The controlling doctrine is that the freedom period only shields employees from termination during the petition; neutral management prerogatives are allowed, so these actions are permissible and no remedy is available. The freedom period is coterminous with the post-election period; actions during freedom period cannot affect election outcomes but may be remedied after election; remedy is limited to reinstate any directly impacted employee to status quo ante.

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