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For the Exclusive Use of

Lambda Rho Sigma Sorority

INTERPLAY OF THE LABOR AGENCIES IN CASES OF


STRIKES & LOCKOUTS
ABC UNION ---------------------------------------------------------------------------------------- ABS CORPORATION

NCM B

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- Notice of Strike & Lockout


`
- NCMB has no injunctive power

er

Notice of the strike vote,


the purpose to settle
during the 7 day strike
ban period.

The purpose of the notice of strike/ lockout is to


make earnest effort to mediate and reconcile
within the 15 / 30 cooling off period.
Kapag na-convert na, mawawala na sa docket.

PRESIDENT
DOLE SECRETARY
Sec 2 7 7 (b)

LABOR ARBITER
Strike on
Ordinary
cases; illegal
dismissal

Ar

Ar

LA must have a
prima facie
finding of mass
termination
tantamount to
illegal dismissal

t ic

t2

18
e.
To

Compulsory
Arbitration

N LR C

VOLUNTARY
ARBITRATOR

263 (H) re Strikes &


Lockouts

Assumption order
which must be
valid or motu
propio,

Injunctive
power

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MR then Petition
for Certiorari.
Requisites of Valid Assumption:
o Both parties should request DOLE to assume.
o There must be a conference and the DOLE shall determine the propriety of assuming.
DOLE may assume in its discretion.
STRIKE BAN PURPOSE
To determine the imprimatur of the majority in the strike vote
Both parties request for the certification of national interest cases, then the Secretary of DOLE
shall call for the preliminary conference to determine the propriety of assumption of risk
STRIKE VOTE / LOCKOUT
PERSONAL NOTES BY:
CHARINA FLOR A. CACHO

LABOR LAW REVIEW 1


Atty Voltaire Duano

The DOLE
may
assume
position
as VAkahit
bawal

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LAST DITCH EFFORT
o Third day of strike
o Mandatory conference, motu propio or not
Once jurisdiction is assumed, the workers have 24 hours to return to work. If they refuse, they
may be dismissed.

PERSONAL NOTES BY:


CHARINA FLOR A. CACHO

LABOR LAW REVIEW 2


Atty Voltaire Duano

For the Exclusive Use of

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THE PRESIDENT
The President shall exercise jurisdiction over issues or controversies which, according to its
determination, are indispensable to the NATIONAL INTEREST. It shall intervene at an time and ASSUME
JURISDICTION over ANY such labor dispute (causing or likely to cause strike or lockout) in order to settle
or terminate the same.

Art 263(g): The foregoing notwithstanding, the President of the Philippines shall not be
precluded from determining the industries that, in his opinion, are indispensable to the
national interest, and from intervening at any time and assuming jurisdiction over any
such labor dispute in order to settle or terminate the same.

Indeed, the Court has consistently ruled that the secretary's assumption
of Jurisdiction is intended not to interfere with or impede workers' rights,
but to obtain speedy settlement of labor disputes and only if js will be
affected. Admittedly, the Court has allowed the secretary's assumption
of jurisdiction in many cases, some of which are worth mentioning to
show the care with which such plenary power should be used.
PHIMCO vs Brillantes

The Court has declared that the administration of a school is of national


interest because "xxx [it] is engaged in the promotion of the physical,
intellectual and emotional well-being of the country's youth." Work
stoppage at a school unduly prejudices the students and entails great
loss to all concerned in terms of time, effort and money. - Philippine
School of Business Administration v. Noriel

An enterprise exporting 90 percent of its production and generating


more than $12 million dollars per year was declared to be of national
interest. Any disruption of operations would have caused the delay of
shipments of export consisting of finished products previously
committed to customers abroad, a delay that -would have hampered the
economic recovery program pursued by the government.
The manufacture of drugs and pharmaceuticals has also been declared
to belong to the same classifications. Likewise, the operation of an
airline that services domestic routes has been deemed to be imbued with
national interest. In one case, a company was considered to be
indispensable to national interest, as it was responsible for 22 percent of
the tire production in the Philippines, and work disruption would have
not only aggravated the already worsening unemployment situation but
also discouraged foreign and domestic entrepreneurs from further
investing in the country. -- Sarmiento v. Tuico

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CHARINA FLOR A. CACHO

LABOR LAW REVIEW 3


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Wherein the Court declared the secretary to be without Jurisdiction to
take over a labor dispute involving a company that produced telephone
directories, viz.:
"The production and publication of telephone directories, which is the
principal activity of GTE, can scarcely be described as an industry
affecting the national interest. GTE is a publishing firm chiefly
dependent on the marketing and sale of advertising space for its not
inconsiderable revenues. Its services, while of value, cannot be deemed
to be in the same category of such essential activities as 'the generation
or distribution of energy' or those undertaken by 'banks, hospitals, and
export-oriented industries.' It cannot be regarded as playing as vital a
role in communication as other mass media. The small number of
employees involved in the dispute, the employer's payment of 'Pl0
million in income tax alone to the Philippine Government,' and the fact
that the 'top officers of the union were dismissed during the conciliation
process,' obviously do not suffice to make the dispute in the case at bar
one 'adversely affecting the national interest." - GTE Directories
Corporation v. Sanchez

Appeal to the Court of Appeals under Art 43.

THE SECRETARY OF DOLE


VISITORIAL & ENFORCEMENT under Art 128
o Inspection
o Issue Compliance Orders
o Issue Writs of Execution
o Order Stoppage of Work or Suspension of Operation
No appeal shall be taken from the decision of the DOLE Secretary under Art 128
Certification Order on cases involving NATIONAL INTEREST (involving Strike or Lockout)
Remedy: Motion for Reconsideration
APPELLATE JURISDICTION
o Over orders issued by the REGIONAL DIRECTOR (or his authorized representative) under
the Visitorial and Enforcement Power
o

Decision of BUREAU OF LABOR RELATIONS rendered in its original jurisdiction on Union


Registration
Denial of Application for Registration or Cancellation thereof

Decisions of the MED-ARBITER in Certification Election cases

PERSONAL NOTES BY:


CHARINA FLOR A. CACHO

LABOR LAW REVIEW 4


Atty Voltaire Duano

For the Exclusive Use of

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NATIONAL LABOR RELATIONS


Original Jurisdiction
1. Injunction in ordinary labor disputes to enjoin or restrain any 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;
2. Injunction in strikes or lockouts under Article 264 of the Labor Code;
3. Certified labor disputes causing or likely to cause a strike or lockout in an industry
indispensable to the national interest, certified to it by the Secretary of Labor and
Employment for compulsory arbitration;
4. Direct Contempt under Sec 1, Rule 9 of the 2011 NLRC; and
5. Annulment or Modification of Order or Resolution by verified petition of the Labor Arbiter
during the Execution Proceedings through under Sec 1, Rule 12 of the 2011 NLRC Rules of
Procedure.

Exclusive Appellate Jurisdiction


1. All cases decided by the Labor Arbiters including contempt cases;
2. Direct Contempt
3. Cases decided by the DOLE Regional Directors or his duly authorized Hearing Officers (under
Article 129) involving recovery of wages, simple money claims and other benefits not
exceeding P5,000 and not accompanied by claim for reinstatement.

LABOR ARBITER
GENERAL RULE
RULE: Cases arising out of employer-employee relationship
The jurisdiction of labor arbiters and the NLRC under Article 217 of the Labor Code is limited to
disputes arising from an employer-employee relationship which can be resolved by reference to
the Labor Code, or other labor statutes, or their collective bargaining agreements. Manila Hotel
vs NLRC, 2000

If no such relationship exists between the parties to a suit, then the jurisdiction over the same
properly lies with the regular courts. Tongko vs Manulife, 2008

PERSONAL NOTES BY:


CHARINA FLOR A. CACHO

LABOR LAW REVIEW 5


Atty Voltaire Duano

For the Exclusive Use of

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This requirement of employer-employer relationship is jurisdictional for the provisions of the
Labor Code, specifically Book VI thereof, on Post-Employment, to apply. Uy vs Bueno, 2006

As correctly contended by the Office of the Solicitor General, there is a complete want of
evidence that the indebtedness asserted by the private respondent against Andres Pondoc arose
out of or was incurred in connection with the employer-employee relationship between
them. The Labor Arbiter did not then have jurisdiction over the claim as under paragraph (a) of
Article 217 of the Labor Code Pondoc vs NLRC, 1996

EXCEPTION/s
EXCEPTION/s::
1. Seafarer or OFWs who has POEA-approved employment contract but who was not deployed
overseas;
Despite the absence of an employer-employee relationship between petitioner and respondent,
the Court rules that the NLRC has jurisdiction over petitioners complaint. The jurisdiction of labor
arbiters is not limited to claims arising from employer-employee relationships. Section 10 of R.A.
No. 8042 (Migrant Workers Act), provides that:
Sec. 10. Money Claims. Notwithstanding any provision of law to the contrary, the Labor
Arbiters of the National Labor Relations Commission (NLRC) shall have the original and
exclusive jurisdiction to hear and decide, within ninety (90) calendar days after the filing
of the complaint, the claims arising out of an employer-employee relationship or by
virtue of any law or contract involving Filipino workers for overseas deployment
including claims for actual, moral, exemplary and other forms of damages. x x x
[Emphasis supplied]
Since the present petition involves the employment contract entered into by petitioner for
overseas employment, his claims are cognizable by the labor arbiters of the NLRC. Santiago vs
CF Sharp Crew

2. Other cases as may be provided by law


More specifically, even if there is employer-employee relationship, the cause of action is
one which arises out of OTHER OBLIGATIONS such as

Torts
Malicious Prosecution; or
Breach of Contract

Stated differently, petitioner seeks protection under the civil laws and claims no benefits under
the Labor Code. The primary relief sought is for liquidated damages for breach of a contractual
obligation. The other items demanded are not labor benefits demanded by workers generally
taken cognizance of in labor disputes, such as payment of wages, overtime compensation or
separation pay. The items claimed are the natural consequences flowing from breach of an
obligation, intrinsically a civil dispute. - Singapore Airlines Limited v. Pao, 122 SCRA 671, 677

In the case below, PLAINTIFF had sued for monies loaned to DEFENDANT, the cost of repair jobs
made on his personal cars, and for the purchase price of vehicles and parts sold to him. Those
accounts have no relevance to the Labor Code. The cause of action was one under the civil laws,
PERSONAL NOTES BY:
CHARINA FLOR A. CACHO

LABOR LAW REVIEW 6


Atty Voltaire Duano

For the Exclusive Use of

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and it does not breach any provision of the Labor Code or the contract of employment of
DEFENDANT. Hence the civil courts, not the Labor Arbiters and the NLRC should have
jurisdiction. SMC vs NLRC, 1988

In the instant case, respondent Roque claimed for unpaid salaries and other benefits due to an
employee. In addition, he claimed damages basically on the sufferings, humiliations and
embarrassments that he and his family experienced during the pendency of the criminal case that
Coke Bottlers initiated against him for estafa. Since resolving the issue calls for the application of
civil laws, the case is properly cognizable by the regular courts. Coca-Cola Bottlers vs Roque,
1982

Although the acts complained of seemingly appear to constitute 'matter involving employeeemployer' relations as Quisaba's dismissal was the severance of a pre-existing employeeemployer relations, his complaint is grounded not on his dismissal per se, as in fact he does not
ask for reinstatement or backwages, but on the manner of his dismissal and the consequent
effects of such dismissal.
"Civil law consists of that 'mass of precepts that determine or regulate the
relations . . . that exist between members of a society for the protection of
private interest (1 Sanchez Roman 3).
"The 'right' of the respondents to dismiss Quisaba should not be confused with the manner in
which the right was exercised and the effects flowing therefrom. If the dismissal was done antisocially or oppressively as the complaint alleges, then the respondents violated Article 1701 of the
Civil Code which prohibits acts of oppression by either capital or labor against the other, and
Article 21, which makes a person liable for damages if he wilfully causes loss or injury to another
in a manner that is contrary to morals, good customs or public policy, the sanction for which, by
way of moral damages, is provided in article 2219, No. 10. [citation omitted] Quisaba vs Sta
Ines

Upon the facts and issues involved, jurisdiction over the present controversy must be held to
belong to the civil Courts. While seemingly petitioner's claim for damages arises from employeremployee relations, and the latest amendment to Article 217 of the Labor Code under PD No.
1691 and BP Blg. 130 provides that all other claims arising from employer-employee relationship
are cognizable by Labor Arbiters [citation omitted], in essence, petitioner's claim for damages is
grounded on the "wanton failure and refusal" without just cause of private respondent Cruz to
report for duty despite repeated notices served upon him of the disapproval of his application for
leave of absence without pay. This, coupled with the further averment that Cruz "maliciously and
with bad faith" violated the terms and conditions of the conversion training course agreement to
the damage of petitioner removes the present controversy from the coverage of the Labor Code
and brings it within the purview of Civil Law.
Clearly, the complaint was anchored not on the abandonment per se by private respondent Cruz
of his jobas the latter was not required in the Complaint to report back to workbut on
the manner and consequent effects of such abandonment of work translated in terms of the
damages which petitioner had to suffer. Portillo vs Sta Ines, 2012

EXCEPTION to the EXCEPTION/s


EXCEPTION/s:
1. Secretary of Labor and Employment exercises his power under Art 263(g) of the Labor Code to
assume jurisdiction over national interest cases and decide them himself;

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LABOR LAW REVIEW 7


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2. When the NLRC exercises its power of compulsory arbitration over national interest cases that
were certified to it by the Secretary of Labor and Employment pursuant to the exercise by the
latter of his certification power under Art 263(g); or
3. When the parties agree to submit the case to voluntary arbitration before a Voluntary Arbitrator
or Panel of Voluntary Arbitrators who, under Art 261 and 262 of the Labor Code are also
possessed of original and exclusive jurisdiction to hear and decide cases mutually substituted to
them by the parties for arbitration and adjudication.

PERSONAL NOTES BY:


CHARINA FLOR A. CACHO

LABOR LAW REVIEW 8


Atty Voltaire Duano

For the Exclusive Use of

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JURISDICTION OF THE LABOR ARBITER:


1. Unfair labor practice (ULP) cases;
LABOR ARBITER

ORDINARY APPEAL
Memorandum of Appeal
10 d ays
Contempt Cases within 5 d ays

NATIONAL LABOR
RELATIONS
COMMISSION
(N LR C )

File a Motion for Reconsideration


If MR is d en ied , Petition for Certiorari
under Rule 6 5
60 days

2. Termination disputes (or illegal dismissal cases);


3. If accompanied with a claim for reinstatement, those cases
that workers may file involving wages, rates of pay, hours
of work and other terms and conditions of employment;
4. Claims for actual, moral, exemplary and other forms of
damages arising from employer-employee relations;
5. Cases arising from any violation of Article 264 of the Labor
Code, including questions involving the legality of strikes
and lockouts;
6. Except claims for employees compensation not included in
the next succeeding paragraph, social security, medicare
and maternity benefits, all other claims arising from
employer-employee relations, including those of persons
in domestic or household service, involving an amount
exceeding Five Thousand Pesos (P5,000.00), whether or
not accompanied with a claim for reinstatement;
7.

Wage distortion disputes in unorganized establishments


not voluntarily settled by the parties pursuant to Republic
Act No. 6627;

8.

Enforcement of compromise agreements when there is


non-compliance by any of the parties pursuant to Article
227 of the Labor Code, as amended;

9.

Money claims arising out of employer-employee


relationship or by virtue of any law or contract, involving
Filipino workers for overseas employment, including
claims for actual, moral, exemplary and other forms of
damages as provided by Section 10 of R.A. No. 8042, as
amended by R.A. No. 10022;

COURT OF APPEALS
(C A )

Petition for Review on Certiorari


under Rule 4 5
15 d ays
In exceptional cases , Petition for Certiorari
under Rule 6 5

SUPREME COURT
(S C )

10. Contested cases under the exception clause of Article


128(b) of the Labor Code, as amended by R.A. 7730; and
11. Other cases as may be provided by law.
Source: http://nlrc.dole.gov.ph/?q=node/76

PERSONAL NOTES BY:


CHARINA FLOR A. CACHO

LABOR LAW REVIEW 9


Atty Voltaire Duano

For the Exclusive Use of

Lambda Rho Sigma Sorority

UNFAIR LABOR PRACTICE CASES


LABOR ARBITER

ORDINARY APPEAL
Memorandum of Appeal
10 d ays
Contempt Cases within 5 d ays

NATIONAL LABOR
RELATIONS
COMMISSION
(N LR C )

File a Motion for Reconsideration


If MR is d en ied , Petition for Certiorari
under Rule 6 5
60 days

COURT OF APPEALS
(C A )

Petition for Review on Certiorari


under Rule 4 5
15 d ays
In exceptional cases , Petition for Certiorari
under Rule 6 5

SUPREME COURT
(S C )

Art 212(k). "Unfair labor practice" means any unfair


labor practice as expressly defined by the Code.

Article 247. Concept of unfair labor practice and


procedure for prosecution thereof. Unfair labor
practices violate the constitutional right of workers
and employees to self-organization, are inimical to
the legitimate interests of both labor and
management, including their right to bargain
collectively and otherwise deal with each other in
an atmosphere of freedom and mutual respect,
disrupt industrial peace and hinder the promotion
of healthy and stable labor-management relations.
Consequently, unfair labor practices are not only
violations of the civil rights of both labor and
management but are also criminal offenses against
the State which shall be subject to prosecution and
punishment as herein provided.
Subject to the exercise by the President or by the
Secretary of Labor and Employment of the powers
vested in them by Articles 263 and 264 of this Code,
the civil aspects of all cases involving unfair labor
practices, which may include claims for actual,
moral, exemplary and other forms of damages,
attorneys fees and other affirmative relief, shall be
under the jurisdiction of the Labor Arbiters. The
Labor Arbiters shall give utmost priority to the
hearing and resolution of all cases involving unfair
labor practices. They shall resolve such cases within
thirty (30) calendar days from the time they are
submitted for decision.
Recovery of civil liability in the administrative
proceedings shall bar recovery under the Civil Code.
No criminal prosecution under this Title may be
instituted without a final judgment finding that an
unfair labor practice was committed, having been
first obtained in the preceding paragraph. During
the pendency of such administrative proceeding,
the running of the period of prescription of the
criminal offense herein penalized shall be
considered interrupted: Provided, however, that
the final judgment in the administrative
proceedings shall not be binding in the criminal
case nor be considered as evidence of guilt but
merely as proof of compliance of the requirements
therein set forth. (As amended by Batas Pambansa

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LABOR LAW REVIEW 10


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Bilang 70, May 1, 1980 and later further amended
by Section 19, Republic Act No. 6715, March 21,
1989).

U LP
1 YEAR

CIVIL ASPECT

- AMEO Damages
Attorneys Fees
Labor Arbiter

CRIMINAL ASPECT

Final Judgment
muna from L.A. o f
the civil aspect

Chapter II
UNFAIR LABOR PRACTICES OF EMPLOYERS
Article 248. Unfair labor practices of employers. It
shall be unlawful for an employer to commit any of
the following unfair labor practice:
(a) To interfere with, restrain or coerce employees in
the exercise of their right to self-organization;
(b) To require as a condition of employment that a
person or an employee shall not join a labor
organization or shall with-draw from one to which
he belongs;
(c) To contract out services or functions being
performed by union members when such will
interfere with, restrain or coerce employees in the
exercise of their rights to self-organization;
(d) To initiate, dominate, assist or otherwise interfere
with the formation or administration of any labor
organization, including the giving of financial or
other support to it or its organizers or supporters;
(e) To discriminate in regard to wages, hours of work
and other terms and conditions of employment in
order to encourage or discourage membership in
any labor organization. Nothing in this Code or in
any other law shall stop the parties from requiring
membership in a recognized collective bargaining
agent as a condition for employment, except those
employees who are already members of another
union at the time of the signing of the collective
bargaining agreement. Employees of an appropriate
bargaining unit who are not members of the
recognized collective bargaining agent may be
assessed a reasonable fee equivalent to the dues
and other fees paid by members of the recognized
collective bargaining agent, if such non-union
members accept the benefits under the collective
bargaining agreement: Provided, that the individual
authorization required under Article 242, paragraph
(o) of this Code shall not apply to the non-members
of the recognized collective bargaining agent;
(f) To dismiss, discharge or otherwise prejudice or
discriminate against an employee for having given
or being about to give testimony under this Code;
(g) To violate the duty to bargain collectively as

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LABOR LAW REVIEW 11


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prescribed by this Code;
LABOR ARBITER

ORDINARY APPEAL
Memorandum of Appeal
10 d ays
Contempt Cases within 5 d ays

NATIONAL LABOR
RELATIONS
COMMISSION
(N LR C )

(h) To pay negotiation or attorneys fees to the union or


its officers or agents as part of the settlement of
any issue in collective bargaining or any other
dispute; or
(i) To violate a collective bargaining agreement.
The

provisions of the preceding paragraph


notwithstanding, only the officers and agents of
corporations, associations or partnerships who have
actually participated in, authorized or ratified unfair
labor practices shall be held criminally liable. (As
amended by Batas Pambansa Bilang 130, August 21,
1981).

File a Motion for Reconsideration


If MR is d en ied , Petition for Certiorari
under Rule 6 5
60 days

COURT OF APPEALS
(C A )

Petition for Review on Certiorari


under Rule 4 5
15 d ays
In exceptional cases , Petition for Certiorari
under Rule 6 5

SUPREME COURT
(S C )

Chapter III
UNFAIR LABOR PRACTICES OF LABOR ORGANIZATIONS
Article 249. Unfair labor practices of labor
organizations. - It shall be unfair labor practice for a
labor organization, its officers, agents or
representatives:
(a) To restrain or coerce employees in the exercise of
their right to self-organization. However, a labor
organization shall have the right to prescribe its
own rules with respect to the acquisition or
retention of membership;
(b) To cause or attempt to cause an employer to
discriminate against an employee, including
discrimination against an employee with respect to
whom membership in such organization has been
denied or to terminate an employee on any ground
other than the usual terms and conditions under
which membership or continuation of membership
is made available to other members;
(c) To violate the duty, or refuse to bargain collectively
with the employer, provided it is the representative
of the employees;
(d) To cause or attempt to cause an employer to pay or
deliver or agree to pay or deliver any money or
other things of value, in the nature of an exaction,
for services which are not performed or not to be
performed, including the demand for fee for union
negotiations;
(e) To ask for or accept negotiation or attorneys fees
from employers as part of the settlement of any
issue in collective bargaining or any other dispute;

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LABOR LAW REVIEW 12


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or
(f) To violate a collective bargaining agreement.
LABOR ARBITER

ORDINARY APPEAL
Memorandum of Appeal
10 d ays
Contempt Cases within 5 d ays

NATIONAL LABOR
RELATIONS
COMMISSION
(N LR C )

File a Motion for Reconsideration


If MR is d en ied , Petition for Certiorari
under Rule 6 5
60 days

COURT OF APPEALS
(C A )

Petition for Review on Certiorari


under Rule 4 5
15 d ays
In exceptional cases , Petition for Certiorari
under Rule 6 5

SUPREME COURT
(S C )

The

provisions of the preceding paragraph


notwithstanding, only the officers, members of
governing boards, representatives or agents or
members of labor associations or organizations who
have actually participated in, authorized or ratified
unfair labor practices shall be held criminally liable.
(As amended by Batas Pambansa Bilang 130, August
21, 1981).

Art 263(c) In case of bargaining deadlocks, the duly


certified or recognized bargaining agent may file a
notice of strike or the employer may file a notice of
lockout with the Ministry at least 30 day before the
intended date thereof. In cases of unfair labor
practice, the period of notice shall be 15 days and in
the absence of a duly certified or recognized
bargaining agent, the notice of strike may be filed
by any legitimate labor organization in behalf of its
members. However, in case of dismissal from
employment of union officers duly elected in
accordance with the union constitution and bylaws, which may constitute union busting, where
the existence of the union is threatened, the 15-day
cooling-off period shall not apply and the union
may take action immediately. (As amended by
Executive Order No. 111, December 24, 1986).
Relate to Art 261
Article. 261. Jurisdiction of Voluntary Arbitrators or
panel of Voluntary Arbitrators. - The Voluntary
Arbitrator or panel of Voluntary Arbitrators shall
have original and exclusive jurisdiction to hear and
decide all unresolved grievances arising from the
interpretation or implementation of the Collective
Bargaining Agreement and those arising from the
interpretation or enforcement of company
personnel policies referred to in the immediately
preceding article. Accordingly, violations of a
Collective Bargaining Agreement, except those
which are gross in character, shall no longer be
treated as unfair labor practice and shall be
resolved as grievances under the Collective
Bargaining Agreement. For purposes of this article,
gross violations of Collective Bargaining Agreement
shall mean flagrant and/or malicious refusal to
comply with the economic provisions of such
agreement.
The Commission, its Regional Offices and the Regional
Directors of the Department of Labor and
Employment shall not entertain disputes,

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LABOR LAW REVIEW 13


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grievances or matters under the exclusive and
original jurisdiction of the Voluntary Arbitrator or
panel of Voluntary Arbitrators and shall
immediately dispose and refer the same to the
Grievance Machinery or Voluntary Arbitration
provided in the Collective Bargaining Agreement.
LABOR ARBITER

ORDINARY APPEAL
Memorandum of Appeal
10 d ays
Contempt Cases within 5 d ays

NATIONAL LABOR
RELATIONS
COMMISSION
(N LR C )

2. Termination disputes (or illegal dismissal cases);


3. If accompanied with a claim for reinstatement, those
cases that workers may file involving wages, rates of
pay, hours of work and other terms and conditions of
employment;
4. Claims for actual, moral, exemplary and other forms of
damages arising from employer-employee relations;
5.

File a Motion for Reconsideration


If MR is d en ied , Petition for Certiorari
under Rule 6 5
60 days

COURT OF APPEALS
(C A )

Petition for Review on Certiorari


under Rule 4 5
15 d ays
In exceptional cases , Petition for Certiorari
under Rule 6 5

SUPREME COURT
(S C )

Cases arising from any violation of Article 264 of the


Labor Code, including questions involving the legality of
strikes and lockouts;

6. Except claims for employees compensation not included


in the next succeeding paragraph, social security,
medicare and maternity benefits, all other claims arising
from employer-employee relations, including those of
persons in domestic or household service, involving an
amount exceeding Five Thousand Pesos (P5,000.00),
whether or not accompanied with a claim for
reinstatement;
7. Wage distortion disputes in unorganized establishments
not voluntarily settled by the parties pursuant to
Republic Act No. 6627;
8. Enforcement of compromise agreements when there is
non-compliance by any of the parties pursuant to
Article 227 of the Labor Code, as amended;
9. Money claims arising out of employer-employee
relationship or by virtue of any law or contract,
involving Filipino workers for overseas employment,
including claims for actual, moral, exemplary and other
forms of damages as provided by Section 10 of R.A. No.
8042, as amended by R.A. No. 10022;
10. Contested cases under the exception clause of Article
128(b) of the Labor Code, as amended by R.A. 7730;
and
11. Other cases as may be provided by law.
Source: http://nlrc.dole.gov.ph/?q=node/76

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LABOR LAW REVIEW 14


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LABOR ARBITER

ORDINARY APPEAL
Memorandum of Appeal
10 d ays
Contempt Cases within 5 d ays

NATIONAL LABOR
RELATIONS
COMMISSION
(N LR C )

File a Motion for Reconsideration


If MR is d en ied , Petition for Certiorari
under Rule 6 5
60 days

COURT OF APPEALS
(C A )

Petition for Review on Certiorari


under Rule 4 5
15 d ays
In exceptional cases , Petition for Certiorari
under Rule 6 5

SUPREME COURT
(S C )

TERMINATION DISPUTES
If there is a claim for REINSTATEMENT, the jurisdiction
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LABOR LAW REVIEW 15


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LABOR ARBITER

shall be with the Labor Arbiter regardless of the


amount;
If there is no claim for reinstatement and the amount
is Php 5,000 OR ABOVE, the Labor Arbiter regardless
of the amount;

ORDINARY APPEAL
Memorandum of Appeal
10 d ays
Contempt Cases within 5 d ays

NATIONAL LABOR
RELATIONS
COMMISSION
(N LR C )

File a Motion for Reconsideration


If MR is d en ied , Petition for Certiorari
under Rule 6 5
60 days

COURT OF APPEALS
(C A )

Petition for Review on Certiorari


under Rule 4 5
15 d ays
In exceptional cases , Petition for Certiorari
under Rule 6 5

SUPREME COURT
(S C )

If there is no claim for reinstatement and the amount


is aggregate of Php 5,000 of each employment, then
the Regional Director shall take cognizance and is
appealable to the NLRC within 5 days (Art 129).

EXCEPTIONAL CLAUSE
(ART 128B)
If there is a claim for REINSTATEMENT, the jurisdiction
shall be with the Labor Arbiter regardless of the
amount;
If there is no claim for reinstatement and the amount
is Php 5,000 OR ABOVE, the Labor Arbiter regardless
of the amount;

WAGE DISTORTION
(ART 124 par5)
Wage distortion shall mean a situation where an
increase in prescribed wage rates results in the
elimination or severe contraction of intentional
quantitative differences in wage or salary rates
between and among employee groups in an
establishment as to effectively obliterate the
distinctions embodied in such wage structure based
on skills, length of service, or other logical bases of
differentiation.
If there is CBA, the issue shall be resolved through
grievance machinery or by the Voluntary Arbitrator
If the wage distortion occurred in organized
environment, grievance machinery or through
voluntary arbitration
Otherwise through, Labor Arbitrator.

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LABOR LAW REVIEW 16


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MIGRANT WORKER
WORKERS CLAIM
Sec 10 of RA 8042, as amended by RA 10022;

LABOR ARBITER

ORDINARY APPEAL
Memorandum of Appeal
10 d ays
Contempt Cases within 5 d ays

NATIONAL LABOR
RELATIONS
COMMISSION
(N LR C )

File a Motion for Reconsideration


If MR is d en ied , Petition for Certiorari
under Rule 6 5
60 days

COURT OF APPEALS
(C A )

Petition for Review on Certiorari


under Rule 4 5
15 d ays
In exceptional cases , Petition for Certiorari
under Rule 6 5

SUPREME COURT
(S C )

SEC. 10. Money Claims. - Notwithstanding any


provision of law to the contrary, the Labor Arbiters of
the National Labor Relations Commission (NLRC) shall
have the original and exclusive jurisdiction to hear
and decide, within ninety (90) calendar days after
filing of the complaint, the claims arising out of an
employer-employee relationship or by virtue of any
law or contract involving Filipino workers for overseas
deployment including claims for actual, moral,
exemplary and other forms of damages.

Perfected contract of OFW by the POEA even though


the worker was not deployed (Estate of Dulay vs
NLRC):

It is true that R.A. 8042 is a special law governing


overseas Filipino workers. However, a careful reading
of this special law would readily show that there is no
specific provision thereunder which provides for
jurisdiction over disputes or unresolved grievances
regarding the interpretation or implementation of a
CBA. Section 10 of R.A. 8042, which is cited by
petitioner, simply speaks, in general, of claims arising
out of an employer-employee relationship or by virtue
of any law or contract involving Filipino workers for
overseas deployment including claims for actual,
moral, exemplary and other forms of damages. On
the other hand, Articles 217(c) and 261 of the Labor
Code are very specific in stating that voluntary
arbitrators have jurisdiction over cases arising from
the interpretation or implementation of collective
bargaining agreements. Stated differently, the instant
case involves a situation where the special statute
(R.A. 8042) refers to a subject in general, which the
general statute (Labor Code) treats in particular. In
the present case, the basic issue raised by Merridy
Jane in her complaint filed with the NLRC is: which
provision of the subject CBA applies insofar as death
benefits due to the heirs of Nelson are concerned. The
Court agrees with the CA in holding that this issue
clearly involves the interpretation or implementation
of the said CBA. Thus, the specific or special provisions
of the Labor Code govern.
The claims arise out of er-ee, or contract or by law.

CONTEMPT CASES
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LABOR LAW REVIEW 17


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Robosa, et. al. vs. NLRC, G.R. No. 176085, February 8, 2012

LABOR ARBITER

Contempt Cases within 5 d ays

NATIONAL LABOR
RELATIONS
COMMISSION
(N LR C )

File a Motion for Reconsideration


If MR is d en ied , Petition for Certiorari
under Rule 6 5
60 days

In a February 2012 decision, the Supreme Court stressed


that under Article 218 of the Labor Code, the NLRC (and the
labor arbiters) may hold any offending party in contempt,
directly or indirectly, and impose appropriate penalties in
accordance with law. The penalty for direct contempt
consists of either imprisonment or fine, the degree or
amount depends on whether the contempt is against the
Commission or the labor arbiter. The Labor Code, however,
requires the labor arbiter or the Commission to deal with
indirect contempt in the manner prescribed under Rule 71
of the Rules of Court.
Rule 71 of the Rules of Court does not require the labor
arbiter or the NLRC to initiate indirect contempt
proceedings before the trial court. This mode is to be
observed only when there is no law granting them
contempt powers. As is clear under Article 218(d) of the
Labor Code, the labor arbiter or the Commission is
empowered or has jurisdiction to hold the offending party
or parties in direct or indirect contempt. The petitioners in
this case, however, have not improperly brought the
indirect contempt charges against the respondents before
the NLRC.

COURT OF APPEALS
(C A )

COMPROMISE AGREEMENT
Petition for Review on Certiorari
under Rule 4 5
15 d ays

Those which were not enforced;


Those which were not complied with

In exceptional cases , Petition for Certiorari


under Rule 6 5

SUPREME COURT
(S C )

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LABOR LAW REVIEW 18


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Other cases over which the Labor Arbiter may take cognizance of:
1

Contested cases under the exception clause of Article 128(b) of


the Labor Code, as amended by R.A. 7730 provided that:
a. The Employer contests the findings of the labor
regulations and raises issues thereon;
b. Evidentiary matters are required to be examined; and
c. Verification of such matters is not feasible in the
ordinary course of inspection.

Rehabilitation receivership shall only suspend the jurisdiction of


the Labor Arbiter. Once the same is terminated, monetary
claims may be brought before the labor arbiters;

LABOR ARBITER

ORDINARY APPEAL
Memorandum of Appeal
10 d ays
Contempt Cases within 5 d ays

Rehabilitation receivership of a company has the effect


of suspending all proceedings at whatever stage it
may be found - in all judicial or quasi-judicial bodies. The
NLRC may not proceed with hearing of monetary claims.
If already decided, the monetary awards cannot be
executed. If due for execution, no such execution may be
had. Only when there is liquidation that the monetary
claims may be asserted. The suspension of the
proceedings is necessary to enable the rehabilitation
receiver to effectively exercise its powers free from any
judicial or extra-judicial interference that might unduly
hinder the rescue of the distressed company. Once the
receivership proceedings have ceased and the
receiver/liquidator is given the imprimatur to proceed
with corporate liquidation, the SEC order becomes
functus officio. Thus, there is no legal impediment for
the execution of the decision of the Labor Arbiter for the
payment of separation pay by presenting it with the
rehabilitation receiver and liquidator, subject to the
rules on preference of credits.

NATIONAL LABOR
RELATIONS
COMMISSION
(N LR C )

File a Motion for Reconsideration


If MR is denied , Petition for Certiorari
under Rule 6 5
60 days

COURT OF APPEALS
(C A )

Petition for Review on Certiorari


under Rule 4 5
15 d ays
In exceptional cases, Petition for Certiorari
under Rule 6 5

Wage distortion cases only in unorganized cases (because if


organized, the same shall be brought before voluntary
arbitration)

Direct contempt
SECTION 1. Direct contempt. (a) The Chairman or
Commissioner/s or any Labor Arbiter may summarily adjudge
guilty of direct contempt any person committing any act of
misbehavior in the presence of or so near the Chairman or any
Commissioner or Labor Arbiter as to obstruct or interrupt the
proceedings before the same, including disrespect toward said
officials, offensive acts toward others, or refusal to be sworn or
to answer as a witness or to subscriber to an affidavit or

SUPREME COURT
(S C )

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LABOR LAW REVIEW 19


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deposition when lawfully required to do so. If the offense is
committed against the Commission or any member thereof, the
same shall be punished by a fine not exceeding five hundred
pesos (P500) or imprisonment not exceeding five (5) days, or
both; and, if the offense is committed against any Labor Arbiter
the same shall be punished by a fine not exceeding One Hundred
Pesos (P100.00) or imprisonment not exceeding one (1) day, or
both.
5

Indirect contempt
SECTION 2. Indirect Contempt. The Commission or any Labor
Arbiter may also cite any person for indirect contempt upon
grounds and in the manner prescribed under Rule 71 of the
Revised Rules of Court.

Monetary claims and illegal dismissal of employees


Cooperatives except with regard to termination of membership
under RA 6938.

Illegal dismissal cases involving priests and religious ministers


with respect to their employer-employee relationship or
employment but not with regard to excommunication or
expulsion from the congregation.

Cases involving employees of GOCC without original charters


(because these are organized under the Corporation Code)

Private corporation employees except corporate officers named


in the AOI and By-Laws of the corporation, provided that if these
corporate officers are holding other non-corporate positions,
they may be dismissed as such.

10 Legality of Deduction for Tax Purposes intertwined with the


main issue of employees full payment of benefits arising from
employer-employee relationship.

Sources: http://nlrc.dole.gov.ph/?q=node/38
http://www.chanrobles.com/legal4labor3.htm
http://www.chanrobles.com/nlrcnewrulesofprocedure1.html#.VAT
c08VdXvI

PERSONAL NOTES BY:


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LABOR LAW REVIEW 20


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For the Exclusive Use of

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NATIONAL LABOR RELATIONS COMMISSION


NATIONAL LABOR
RELATIONS
COMMISSION
(N LR C )

File a Motion for Reconsideration


10 d ays

COURT OF APPEALS
(C A )

File a Motion for Reconsideration


Petition for Review on Certiorari
under Rule 4 5

SUPREME COURT
(S C )

Original Jurisdiction
1. Injunction in ordinary labor disputes to enjoin or restrain
any 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;
2. Injunction in strikes or lockouts under Article 264 of the
Labor Code;
3. Certified labor disputes causing or likely to cause a strike
or lockout in an industry indispensable to the national
interest, certified to it by the Secretary of Labor and
Employment for compulsory arbitration;
4. Direct Contempt under Sec 1, Rule 9 of the 2011 NLRC;
and
5. Annulment or Modification of Order or Resolution by
verified petition of the Labor Arbiter during the Execution
Proceedings through under Sec 1, Rule 12 of the 2011
NLRC Rules of Procedure.

Exclusive Appellate Jurisdiction


1. All cases decided by the Labor Arbiters (Art 217(b));
2. Direct Contempt; and
3. Art 263(g) When, in his opinion, there exists a labor
dispute causing or likely to cause a strike or lockout in an
industry indispensable to the national interest, the
Secretary of Labor and Employment may assume
jurisdiction over the dispute and decide it or certify the
same to the Commission for compulsory arbitration. Such
assumption or certification shall have the effect of
automatically enjoining the intended or impending strike
or lockout as specified in the assumption or certification
order. If one has alrea ndy taken place at the time of
assumption or certification, all striking or locked out
employees shall immediately return-to-work and the
employer shall immediately resume operations and
readmit all workers under the same terms and conditions
prevailing before the strike or lockout. The Secretary of
Labor and Employment or the Commission may seek the
assistance of law enforcement agencies to ensure
compliance with this provision as well as with such orders
as he may issue to enforce the same.
4. Art 129. Cases decided by the DOLE Regional Directors or
his duly authorized Hearing Officers (under Article 129)
involving recovery of wages, simple money claims and
other benefits not exceeding P5,000 and not

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LABOR LAW REVIEW 21


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accompanied by claim for reinstatement.

GRIEVANCE COMMITTEE / MACHINERY


Original Jurisdiction
GRIEVANCE
MACHINERY

1. Interpretation of CBA;
2. Interpretation of Company policies;
3. Distortion Cases in organized establishments

If not settled within 7 days, submit to voluntary arbitration


If unsettled within 7 d ays,
Automatic Referral

Constitutionality / Legality of CBA is with the RTC


Source:
http://ncmb.ph/VAP/Voluntary_Arbitrators/The_VAs.html

VOLUNTARY
ARBITRATIONS
(N C M B)

Ru le 4 3
15 days through a Petition

COURT OF APPEALS
(C A )

Petition for Review on Certiorari


under Rule 4 5
15 d ays
In exceptional cases , Petition for Certiorari
under Rule 6 5

SUPREME COURT
(S C )

PERSONAL NOTES BY:


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LABOR LAW REVIEW 22


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VOLUNTARY ARBITRATOR
Voluntary arbitration is an alternative mode of dispute
resolution.
GRIEVANCE
MACHINERY

If unsettled within 7 d ays,


Automatic Referral

VOLUNTARY
ARBITRATIONS
(N C M B)

The process is as follows:


1. Submit agreement for arbitration
2. Notice/demand to arbitrate (if there is no appointed
voluntary arbitrator, the NCMB shall appoint)
3. If it did not participate, file a petition for review to the
Court of Appeals.
Administrate
Intervention
Dispute
Avoidance
AIDA by the Secretary of Labor

Original Jurisdiction
Ru le 4 3
15 days through a Petition

COURT OF APPEALS
(C A )

Petition for Review on Certiorari


under Rule 4 5
15 d ays
In exceptional cases , Petition for Certiorari
under Rule 6 5

SUPREME COURT
(S C )

1. All unresolved grievances arising from CBA;


2. All unresolved grievances arising from Company
policies;
3. All unresolved Wage Distortion Case in organized
establishments
4. All other labor disputes including ULP ad Bargaining
deadlocks, upon agreement of the parties including the
illegality of strikes and lockouts

Appellate Jurisdiction
Art 262. The Voluntary Arbitrator or panel of Voluntary
Arbitrators, upon agreement of the parties, shall also hear
and decide all other labor disputes including unfair labor
practices and bargaining deadlocks.
Powers:
1. To hold hearings;
2. To receive evidence;
3. To take whatever action is necessary to resolve the
issue/subject of the dispute;
4. To conciliate or mediate to aid the parties in
reaching a voluntary settlement of the dispute;
5. To issue a writ of execution to enforce final
decisions, orders, resolutions or awards.
Source:
http://ncmb.ph/VAP/Voluntary_Arbitrators/The_VAs.html

PERSONAL NOTES BY:


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LABOR LAW REVIEW 23


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Visitorial & Enforcement


under Art 128

REGIONAL
D IRECTOR

10 d ays b y
Mem orandum of Appeal

SECRETARY OF D OLE

Rule 65 w ithin 60 d ay s
By P etition

COURT OF AP P EALS
(C A )

P etition for Review on Certiorari


under Rule 4 5
15 d ay s
In exceptional cases , P etition for Certiorari
under Rule 6 5

SUP REME COURT


(S C )

Money Claims

THE REGIONAL DIRECTOR


(OR DULY AUTHORIZED HEARING OFFICER)
Visitorial & Enforcement under Art 128
(Appeal to the Secretary)
1. Power to inspect employers record and premises;
2. Power to issue compliance orders;
3. Power to issue writs of execution; and
4. Power to Order Stoppage of Work or Suspension of
Operation
There still exists EE-ER relationship.
VISITORIAL POWER includes access, power to investigate
and to interview.
ENFORCEMENT POWER includes compliance order, writ
of execution, suspension order, closure order
Except if the following elements concur:
1. Employer contests the findings;
2. Evidentiary matters; and
3. Matters not verifiable in the normal course of
inspection
The most important consideration for the allowance of
the instant petition is the opportunity for the Court not
only to set the demarcation between the NLRCs
jurisdiction and the DOLEs prerogative but also the
procedure when the case involves the fundamental
challenge on the DOLEs prerogative based on lack of
employer-employee relationship. As
exhaustively
discussed here, the DOLEs prerogative hinges on the
existence of employer-employee relationship, the issue is
which is at the very heart of this case. And the evidence
clearly indicates private respondent has never been
petitioners employee. But the DOLE did not address,
while the Court of Appeals glossed over, the issue. The
peremptory dismissal of the instant petition on a
technicality would deprive the Court of the opportunity
to resolve the novel controversy. Bombo Radyo vs
NLRC

Money Claims
(Appeal to the NLRC)
1. Arising from er-ee relationship
2. No reinstatement
3. Does not exceed Php 5,000.00
Note that in this case, there are no more ER-EE
relationship.
PERSONAL NOTES BY:
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LABOR LAW REVIEW 24


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Regional Director

Memorandum of Appeal
5 D ays
NATIONAL LABOR
RELATIONS
COMMISSION
(N LR C )
File a Motion for Reconsideration
10 d ays

COURT OF APPEALS
(C A )

File a Motion for Reconsideration


Petition for Review on Certiorari
under Rule 4 5

SUPREME COURT
(S C )

If INTRA-UNION DISPUTES and all


other disputes originating from
Labor Relations Regional Office
(except INTER-UNION DISPUTES)
M e d -Arb iters

10 d ays b y
Memorandum of Appeal

BUREAU OF LABOR
RELATIONS

Ru le 65 within 60 d ays
By P etitio n

COURT OF APPEALS
(C A )

THE DOLE LABOR RELATIONS REGIONAL OFFICE


Original & Exclusive
(Appeal to the Bureau of Labor Relations)
1. Inter-union Disputes/Representation Disputes;
- Petition for Certification Election
Organized: if granted or denied, appeal
Unorganized: if granted, certiorari under
Rule 65
If denied, appeal
2. Intra-union / Internal Disputes;
3. All disputes, Grievances or Problems
Administrative Function
1. Registration of Labor union (single enterprise)
2. Keeping of Registry of Labor Union
3. Maintenance and custody of CBAs

Petition for Review on Certiorari


under Rule 4 5
15 d ays
In exceptional cases , Petition for Certiorari
under Rule 6 5

SUPREME COURT
(S C )

INTER-UNION DISPUTES

PERSONAL NOTES BY:


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LABOR LAW REVIEW 25


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M e d -Arb iters

10 d ays b y
Memorandum of Appeal

SECRETARY OF DOLE

Ru le 65 within 60 d ays
By P etitio n

COURT OF APPEALS
(C A )

Petition for Review on Certiorari


under Rule 4 5
15 d ays
In exceptional cases , Petition for Certiorari
under Rule 6 5

SUPREME COURT
(S C )

NATIONAL CONCILIATION AND MEDIATION


BOARD
-

The NCMB, created under Executive Order No. 126,


reorganizing the DOLE, shall formulate policies, develop
plans and programs and set standards and procedures
relative to the promotion of conciliation and mediation
of labor disputes through the preventive mediation,
conciliation and voluntary arbitration; facilitation of
labor-management
cooperation
through
joint
mechanisms for information sharing, effective
communication and consultation and group-problem
solving.

No adjudicatory power
E.O. 126
The main purpose is to conciliate and mediate
Notices of Strikes and Lockouts shall be filed herein
MEDIATION
TYPES OF MEDIATION
1. Facilitative
2. Evaluative
PREVENTIVE MEDIATION
Non-strikeable issue
Requested conversion of preventive mediation of issue
of strike was not really strikeable
Both parties agree to submit

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LABOR LAW REVIEW 26


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CONCILIATION
FUNCTIONS
1. Formulate
policies,
programs,
standards,
procedures, manuals of operations and guidelines
pertaining to effective mediation and conciliation of
all labor dispute.
2. Perform preventive mediation and conciliation
functions.
3. Coordinate and maintain linkages with other sectors
of institutions, and other government authorities
concerned with matters relative to the prevention
and settlement of labor disputes.
4. Formulates policies, plans, programs, standards,
procedures, manuals of operations and guidelines
pertaining to the promotion of cooperative and
non-adversarial schemes, grievance handling,
voluntary arbitration and other voluntary modes of
dispute settlement.
5. Administer the voluntary arbitration program;
maintain/update a list of voluntary arbitrators,
compile arbitration awards and decisions.
6. Provide counseling and preventive mediation
assistance particularly in the administration of
collective agreements.
7. Monitor and exercise technical supervision over the
Board's programs being implemented in the
regional offices; and
8. Perform such other functions as may be provided by
law or assigned by the Secretary.
Sources:
http://www.lawphil.net/executive/execord/eo1987/eo_126_1987.html

http://ncmb.ph/

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LABOR LAW REVIEW 27


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JURISDICTION OF THE BUREAU OF LABOR


RELATIONS

BUREAU OF LABOR
RELATIONS

5 d ays b y
Memorandum of Appeal

Secretary of DOLE

Ru le 65 within 60 d ays
By P etition

COURT OF APPEALS
(C A )

Petition for Review on Certiorari


under Rule 4 5
15 d ays
In exceptional cases , Petition for Certiorari
under Rule 6 5

SUPREME COURT
(S C )

Article. 226. Bureau of Labor Relations. - The Bureau of


Labor Relations and the Labor Relations Divisions in the
regional offices of the Department of Labor, shall have
original and exclusive authority to act, at their own
initiative or upon request of either or both parties
parties, on all
inter-union and intra-union conflicts, and all disputes,
grievances or problems arising from or affecting labormanagement relations in all workplaces, whether
agricultural or non-agricultural, except those arising from
the implementation or interpretation of collective
bargaining agreements which shall be the subject of
grievance procedure and/or voluntary arbitration.
The Bureau shall have fifteen (15) working days to act on
labor cases before it, subject to extension by agreement of
the parties. (As amended by Section 14, Republic Act No.
6715, March 21, 1989).
-

No adjudicatory power
E.O. 126
Original & Exclusive (Appeal to the Sec of Labor)
1. Inter-union Disputes/Representation Disputes;
- Petition for Certification Election filed by a
duly registered labor org which is seeking to
be recognized as the sole and exclusive
bargaining agent of the rank and file
employees in the appropriate bargaining
unit of a company, firm or establishment
Organized: if granted or denied, appeal
Unorganized: if granted, certiorari under
Rule 65
If denied, appeal
2. Intra-union / Internal Disputes;
- Refers to disputes or grievances arising from
any violation of or disagreement over any
provision of the constitution and by-laws of
the union, including any violation of rigts
and conditions of union membership
provided for in the Labor Code
3. All disputes, grievances or problems arising from or
affecting labor-management relations in all
workplace, except those arising from the
interpretation or implementation of the CBA which
are subject of grievance procedure and/or voluntary
arbitration

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LABOR LAW REVIEW 28


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Appellate & Exclusive Jurisdiction
1. Over cases decided by the Regional Labor Relations
Office
2. Med-arbiter on Intra-Union Disputes
Administrative Function
3. Registration of Labor Unions (Multi-employer)
4. Keeping of Registry of Labor Unions
5. Maintenance and Custody of CBAs

Sources: http://www.chanrobles.com/legal4labor5.htm

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LABOR LAW REVIEW 29


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P O EA

15 D ays
Notice of Appeal & Appeal Mem orandum

JURISDICTION OF THE PHILIPPINE OVERSEAS


EMPLOYMENT AGENCY
Original Jurisdiction
1. All pre-employment cases which are administrative
in character

Secretary of DOLE

Ap p ellate
15 d ays
Petition for Review from Order of Denial of MR

Office of the
President

Ru le 4 3
15 D ays
P etitio n

COURT OF APPEALS
(C A )

Petition for Review on Certiorari


under Rule 4 5
15 d ays
In exceptional cases, Petition for Certiorari
under Rule 6 5

SUPREME COURT
(S C )

Section 1, Book VI of POEA Rules and Regulations:


Section 1. Jurisdiction. - The Administration shall
exercise original and exclusive jurisdiction to hear
and decide all pre-employment cases which are
administrative in character
character, involving or arising out
of violation of recruitment laws, rules and
regulations including money claims arising therefrom
or violation of the conditions for issuance of license
to recruit workers.

2. Refund of Fees collected from the workers or


violation of the conditions for issuance of license or
authority to recruit workers
3. Disciplinary action cases and other special cases
which are administrative in character, involving
employers, principals, contracting partners and
OFWs processed by the POEA;

Administrative Proceedings of POEA


Only over licensed and authorized agency. If not,
criminal prosecution through the assistance of the POEA
before the RTC
No more jurisdiction over money claims of OFWs
EXCEPT for Refund for fees

Sources:

PERSONAL NOTES BY:


CHARINA FLOR A. CACHO

LABOR LAW REVIEW 30


Atty Voltaire Duano

For the Exclusive Use of

Lambda Rho Sigma Sorority

REGIONAL
TRIPARTITE WAGE &
PRODUCTIVITY
B O AR D
Assail Wage Order within
10 days from Publication

NATIONAL WAGE
AND PRODUCTIVITY
COMMISSION
60 days fron Petition
Ru le 6 5

COURT OF APPEALS
(C A )

File a Motion for Reconsideration


Petition for Review on Certiorari
under Rule 4 5

SUPREME COURT
(S C )

JURISDICTION OF THE NATIONAL WAGES &


PRODUCTIVITY COMMISSION
Powers
1. Power to determine and fix minimum wage rates
applicable in the region, provinces or industries
therein
2. Issue corresponding wage order subject to the
guidelines issued by the NWPC
3. Issue exceptions from wage order subject to the
review and approval by the NWPC

Mandate
NWPC is a key policy making body on wages, incomes
and productivity, mandated under RA 6727 or the Wage
Rationalization Act (1989) and RA 6971 or the
Productivity Incentives Act of 1990 to:
Determine minimum wages at the regional,provincial
and/or industry levels; and
Promote productivity improvement and gainsharing
schemes, particularly among micro, small and medium
enterprises.
NWPC formulates policies and guidelines on wages,
incomes and productivity and exercises technical and
administrative supervision over the RTWPBs.
With 17 RTWPBs (including ARMM) responsible for
setting minimum wages and promoting productivity
improvement programs.

Sources: http://www.nwpc.dole.gov.ph/

D.O. 10-F-03-H

PERSONAL NOTES BY:


CHARINA FLOR A. CACHO

LABOR LAW REVIEW 31


Atty Voltaire Duano