a. Bystander Rule

Injunctions

General Rule: No temporary or permanent injunction or restraining order in any case involving or growing out of labor disputes shall be issued by any court or other entity (Labor Code, Art. 225 [218](e), first paragraph)

Exceptions:

• Art. 225 (e) – NLRC can enjoin or restrain an actual or threatened commission of any or all prohibited or unlawful acts or to require the performance of a particular act in any labor dispute which, if not restrained or performed forthwith, may cause grave or irreparable damage to any party or render ineffectual any decision in favor of such party
• Art. 279 – NLRC can enjoin or restrain the commission of the prohibited acts under Art. 279.
• Innocent Bystander Rule – The “no-injunction” rule does not apply in cases where the interests of an innocent bystander are concerned. Thus, the right may be regulated at the instance of third parties or "innocent bystanders" if it appears that the inevitable result of its exercise is to create an impression that a labor dispute with which they have no connection or interest exists between them and the picketing union, or constitute an invasion of their rights. In one case decided by this Court, we upheld a trial court's injunction prohibiting the union from blocking the entrance to a feed mill located within the compound of a flour mill with which the union had a dispute (Liwayway Publications v. Permanent, G.R. No. L-25003, 1981)

Thus, in a case where the Union declared a strike against its ER and picketed the premises, preventing the peaceful passing of other persons not connected with the ER, the Court upheld the injunction granted by a regular court (not by the NLRC).

Employer as bystander

IN ALL CASES (including when petition for certification is filed by employer), the employer’s participation shall be limited to:

• Being notified or informed of petitions of such nature; and
• Submitting the list of employees during the pre-election conference should the MedArbiter act favorably on the petition. (Labor Code, Art. 271 [258-A])

However, manifestation of facts that would aid the Med-Arbiter in expeditiously resolving the petition may be considered (i.e. existence of bars). (D.O. No. 40-I-15)

Note: An employer has no legal standing in a certification election. He cannot oppose the petition or appeal the Med-Arbiter’s orders related thereto. (San Miguel Foods Inc.-Cebu B-Meg Feed Plant v. Laguesma, G.R. No. 116172, 1996)

An employee has the right to intervene for the protection of his individual right. (D.O. No. 40-F03)

Probationary employees can vote in a certification/consent election if the bargaining unit sought to be represented by the union is the bargaining unit of all rank-and-file employees, without distinction as to regular and non-regular. All employees in the appropriate bargaining unit, whether probationary or permanent are entitled to vote. (National Union of Workers In Hotels, Restaurant and Allied Industries-Manila Pavilion Hotel Chapter v. Secretary of Labor, 2009)