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DOLE Regional Director

Appeal within 5 calendar days (not extendible)

NLRC

Laborwithin
Arbiter10
(LA)
NLRC
Appeal
calendar days (not working) from receipt of decision by counsel
(not by the party)
With memorandum of appeal
ot allowed
ORIGINAL Jurisdiction:
GROUNDS (FAQS):
Relief is filed, the LA should treat it as an
appeal
to the NLRC
Injunction
(in ordinary
labor
Fraud
or coercion,
including graft and
corruption
in securing
thedisputes)
decision;
ive jurisdiction: (UIM2DS)
(in strikes
Abuse of discretion on LAs part (an Injunction
exercise of certiorari
power and
by thelockouts)
NLRC);
Labor disputes (in industry indispensable to the national interest, certified to it by the Secretary of DOLE for compulsory arbitration):
Questions of law; and
;
EXCLUSIVE
APPELLATE
Serious errors which if not corrected
would cause
grave orJurisdiction:
irreparable damage to appellant.
All cases decided by the LA
g P5,000;
Contempt cases decided by the LA
dismissal cases
Other than those arising from a CBA Cases decided by the DOLE Regional Director involving recovery of wages, simple money claims and other benefits under Art. 129.
with a claim for
Note: If the LA does not have original and exclusive jurisdiction over the claim, the NLRC cannot have appellate jurisdiction thereover.

mployer-employee

MR from NLRCs decision is


gality).
Indispensable
requirement before going to the CA
cretarys visitorial and enforcement powers, where employer contests findings
of labor inspector.
Mandatory and jurisdictional
Ws (even if not arising from employer-employee relationship)
Only 1 MR is allowed
It is filed within 10 calendar days
ction of the LA:
maternity benefits; and
ementation
of CBA, or enforcement or interpretation of company personnel policies.
CONCURRENT

Jurisdiction of the BLR and LRD:


1.
Inter-union conflicts;
2.
Intra-union conflicts; and
3.
Disputes, grievances or problems arising from or affecting labor-management relations,
EXCEPT those arising from a CBA.
1.
2.

Application for registration of labor unions; and


Petition for cancellation of union registration

Jurisdiction of Med-Arbiter
1.
Representation cases;
2.
Inter-union cases;
3.
Intra-union disputes; and
4.
Other related labor relations disputes.

Concurrent Jurisdiction

Original
and
Exclusive
Jurisdiction

CA

SC

Via Certiorari Petition under Rule 65


Via Petition for Review under Rule 45
Within 60 days from receipt (not extendible) by counsel (not by party)
May be filed even if NLRC decision has become final and executory

Jurisdiction of DOLE Regional Directors


Small money claims
Requisites:
1.
Claim is presented;
2.
Claimant does not seek reinstatement; and
3.
Aggregate money claim of each claimant does not exceed P5,000.

Absence of any, it is the


LA who has jurisdiction

Visitorial and enforcement powers of DOLE Regional Director


Requisites:
1.
Employer-employee relationship exists (otherwise, the LA has the jurisdiction);
2.
Findings in question were made in the course of inspection; and
3.
Employees have not yet initiated any claim or complaint with the DOLE
Regional Director or with the LA.
DOLE Regional Directors
order
Appeal
within 10 calendar days from receipt of a copy of theDOLE
orderSecretary
(the grounds: FAQS)

RULES on APPEALS
Decision of Med-Arbiter
Intra-union dispute

Inter-union dispute
(certification election)

Appeal within 10 days from receipt

Appeal within 10 days from receipt

DOLE Secretary has power to suspend effects of termination of employees


Grounds:
1. Termination may cause a serious labor dispute; or
2. Termination is in implementation of a mass lay-off.
Jurisdiction of the Grievance Machinery
1.
Interpretation and implementation of the CBA; and
2.
Interpretation and enforcement of company personnel policies.

Bureau of Labor Relations

DOLE Secretary

Their decisions are final


and executory after 10
days from receipt by
parties UNLESS, 1 MR
from their respective
decisions is allowed.

EFFECTS:
1. They will be immediately reinstated; and
2. They will not be deprived of their wages.

If unresolved within 7 days, they shall be forwarded to a Voluntary Arbitrator

Jurisdiction of the Voluntary Arbitrators


1.
Unresolved grievances
(a) Interpretation or implementation of the CBA
Including money claims arising thereto
(b) Interpretation or enforcement of company personnel policies
(c) Interpretation and implementation of Productivity Incentive Programs
2.
Violations of the CBA (not gross in character; if gross, it is considered as ULP, which must be resolved by the LA)
3.
Wage distortion in organized establishments (in an unorganized, the LA has jurisdiction)
4.
ULP and bargaining deadlocks, upon agreement of parties
Note: When a case does not involve the parties to a CBA, it is not subject to voluntary arbitration.
Note: (1) DOLE Secretary may act as voluntary arbitrator for any potential or ongoing dispute, as submitted by either or both parties.
(2) DOLE Regional Directors and Assistant Regional Directors may act as an ex-officio Voluntary Arbitrator.

Voluntary Arbitrators decision Ordinary appeal under Rule 43 within 15 days


Grounds: (JAD2E)
Lack or want of jurisdiction;
VAs decision if final,
Grave abuse of discretion;
inappealable, and
Violation of due process;
executory after 10
Denial of substantive justice; and
calendar days from
Erroneous interpretation of the law.
receipt of a copy by the
parties

Court of Appeals

Prescription of Actions:
1.
Money Claims
- 3 years from accrual of cause of action, or categorical denial of a claim
- For money claims arising from
(a) CBA;
(b) OFWs;
(c) Incremental proceeds from tuition
increases
2.
Unfair Labor Practices
- 1 year from the commission of acts complained of
- Pre-requisite for prosecution of criminal cases:
A final judgment finding that an ULP was committed should first be
secured in the labor case before the LA or VA
- Period is suspended during he pendency of the administrative proceeding
- Final judgment in the administrative case cannot be presented as evidence of the
facts proven therein or as evidence of the guilt of respondent therein
3.
Illegal Dismissal
- 4 years from dismissal
4.
Offenses under the Labor Code and its IRR
- 3 years from commission of acts

Court of Appeals
Supreme Court
NLRCs decision
Certiorari Petition via Rule 65 within 60 days from notice of the judgment,
Appeal
order
viaorRule
resolution
45 (Petition for Review) within 15 days from notice of judgment or denial of MR
Grounds: (WEG)
Note:
Without jurisdiction;
Rule 65 cannot be a substitute for a lost appeal
Excess of jurisdiction; and
under Rule 45
Grave abuse of discretion amounting to lack or in excess of jurisdiction.