Philippine Bar review · Question

Practice question: By Employers

Multiple Choice Hard

Practice question

An employer deliberately and openly refuses to pay an undisputed negotiated wage increase, and the evidence establishes a flagrant and malicious refusal to comply with the CBA’s economic provision. It argues that every CBA violation was removed from ULP coverage. Which is correct?
  1. The gross-economic-violation exception remains applicable on the proved facts
  2. All CBA violations are immune from ULP classification
  3. Only non-economic provisions can support the exception
  4. A written CBA always prevents any ULP
  5. An employer’s refusal automatically repeals the wage clause

Legal references

  • Labor Code, Articles 259-260, 278-279 and 294 (formerly 248-249, 263-264 and 279), as applicable: https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html
  • Philippine Airlines v. Dawal, GR Nos. 173921 and 173952, February 24, 2016, main decision, gross economic CBA violations and dismissal proof: https://lawphil.net/judjuris/juri2016/feb2016/gr_173921_2016.html

Answer this question in flashcards to review your response and continue practicing.