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JURISDICTIONS

SECRETARY OF LABOR
1. Visitorial PowerAccess to employers records and premises & to copy
2. Enforcement powerTo question any employee and investigate any fact,
condition or matter which may be necessary to determine violations
3. To issue compliance orders to give effect to labstan and other labor legislation
4. To issue writs of execution to the appropriate authority for the enforcement of their
orders (EXP in cases where the employer contests the finding of labor employment
and enforcement officer raises issues supported by documentary proofs which
were not considered in the course of inspection)
5. To order the stoppage if work and suspension of operations in any unit or
department of an establishment when non-compliance poses grave and imminent
danger to the health and safety of workers in the workplace.
6. To require employees, to keep and maintain such employment records as may be
necessary in aid of his visitorial and enforcement powers
7. Power to suspend effects of termination pending resolution of the dispute In the
event of a prima facie finding by the appropriate official of DOLE before whom
the dispute is pending that the termination may cause serious labor dispute and that
the termination is in implementation of a mass lay-off
8. Assumption of jurisdictionunder Art.263(g) involving national interest cases
9. Voluntary arbitration power pursuant to a new DOLE circular: see chan
Appellate jurisdic of SOLE over decisions, awards/orders by DOLE Regional directors:
1. Labor standards enforcement cases or over case under the
original jurisdiction of DOLE Regional Directors in the exercise of
its visitorial and enforcement power under articles 37, 128, and
274. Note: Accdg to Chan, in the instances contemplated under
art. 37, 128 and 247, it is the DOLE regional directors, the DOLE
Secretarys duly authorized representatives commonly referred to
in these 3 provisions, who have the original jurisdiction to
exercise the visitorial power granted therein. The role of SOLE is
confined to the exercise of his appellate juris over the decisions,
orders, awards of the DOLE regional directors in cases brought
before them for adjudication under art. 128 and 274
2. Occupational safety and health violations
3. Complaints against PRAs for local employment
Appellate jurisdiction of SOLE over decisions of POEA in its original jurisdiction:
1. Recruitment violations & other related casescases which are administrative in
character involving violation of RR relating to licensing & registration of
recruitment & employment agencies/entities, including refund of fees collected
from workers & violation of conditions for issuance of license to recruit workers
2. Disciplinary action cases & other special cases which are admin in character
involving employers, principals, contracting partners and Filipino migrant workers
Appellate Jurisdiction of SOLE: (others)
1. Denial of application for union registration or cancellation of union registration
originally rendered by BLR may be appealed to the SOLE. (Note: If originally
rendered by the Regional Office, appeal should be made to the BLR).

2.

Decisions of the Med-Arbiter in certification election cases are appealable to the


DOLE Secretary (Art. 259). (Note: Decisions of Med-Arbiters in intra-union
disputes are appealable to the BLR).

DOLE REGIONAL DIRECTOR


Original and exclusive jurisdiction over:
1. Labor standards enforcement case under Art.128 (appealable to SOLE)
2. Small money claims arising from labor standards violations in the amount not
exceeding 5,000 and not accompanied by a claim for reinstatement under art.129
(appealable to the NLRC)
3. Occupational safety and health violations (appealable to SOLE)
4. Registration of unions and cancellation thereof, cases filed against unions and
other labor relations related cases
5. Complaints against private recruitment and placement agencies (PRAs) for local
employment (appealable to SOLE)
6. Cases submitted to them for voluntary arbitration in their capacity as ex-officio
voluntary arbitrators (EVAs) under D.O. no. 83-07, s. 2007 (appealable directly to
CA under Rule 43)
NLRC (Commission)
Exclusive and Original jurisdiction
1. Certified cases which refer to labor disputes causing or likely to cause a strike or
lockout in an industry indispensable to national interest, certified to it by SOLE for
compulsory arbitration under art. 263(g)
2. Injunction cases under Art. 218 and 264:
a. Petition for 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 (Art. 218)
b. Petition for injunction in strike or lockouts under art. 264
3. Contempt cases
4. Verified petition under 2011 NLRC Rules, Rule XII, Sec.3
Verified petitiona party aggrieved by an order or resolution of LA including
those issued during execution proceedings may file a verified petition to annul or
modify such order or resolution. The petition may be accompanied by an
application for the issuance of a TRO and/or writ of preliminary or permanent
injunction to enjoin the LA or any person acting under his/her authority to desist
from enforcing said resolution/order (filed within 10 calendar days from receipt of
such reso/decision)
5. Jurisdiction under Art.227 over compromise agreements
Note: Cases rendered by NLRC can be elevated directly to CA under Rule 65 certiorari
Exclusive Appellate Jurisdiction of NLRC
1. All cases decided by Labor Arbiter under Art. 217
2. Cases decided by Regional Offices of DOLE in exercise of its adjudicatory fxn
under Art.129 over monetary claims of workers amounting to not more than 5,000
3. Contempt cases decided by the Labor Arbiters
NLRC has no appellate jurisdiction over decisions rendered by: (their decisions must be
appealed to CA)

1. Voluntary arbitrator,
2. SOLE,
3. BLR Director over cases decided in the exercise of its appellate
juris (over cases appealed to BLR from DOLE Regional Offices)
LABOR ARBITER
Original and exclusive jurisdiction
1. ULP cases, but only over civil aspect; the criminal aspect is lodged before d courts
2. Termination disputes (Illegal dismissal cases); Note: Its the LA, not the grievance
machinery which has jurisdiction over dismissals pursuant to the USC.
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; Note: its a money claim regardless of the amount; limited to cases
arising from statutes or contracts other than the CBA (because the implementation on
interpretation of CBA is under the juris of VA)
4. Claims for actual, moral, exemplary and other forms of damages arising from the
employer-employee relations; includes attorneys fees
5. Cases arising from any violation of Article 264 of this Code, including questions
involving the legality of strikes and lockouts; Note: criminal offenses/felonies
committed in the course of S&L are cognizable by the regular courts(?)
6. EXP claims for Employees Compensation, 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 5k
regardless of whether accompanied w/a claim for reinstatement. Note: the
jurisdiction of LA is not limited to claims arising from Er-Ee relationships. Based on
Sec. 10 of RA 8042, LAs have jurisdiction not only over money claims arising out of
an Er-Ee relationship but also by virtue of any law or contract involving Filipino
workers for overseas deployment including claims for actual, moral, exemplary and
other forms of damages.
7. Wage distortion disputes in unorganized establishments not voluntarily settled by
the parties pursuant to RA 6727 (& legislated wage increases) Note: in organized
establishment, its under the jurisdiction of VA
8. Monetary claims of overseas contract workers arising from Er-Ee relations under
RA 8042 as amended by RA 10022. Note: The POEA continues to have jurisdiction
over recruitment or pre-employment cases which are administrative in nature,
involving or arising out of recruitment laws, rules and regulations, including money
claims arising therefrom or violation of the conditions for issuance of license to
recruit workers; Note: A criminal action arising from illegal recruitment as defined
under RA8042 shall be filed with the RTC (Sec.9 RA8042)
9. Contested cases under Art.128(b) involving the inspection of establishment on the
visitorial and enforcement powers of DOLE. The jurisdiction of the LA is found in
the exception clause of Art.128(b) where the employer contests the findings of the
labor employment and enforcement officer and raises issues supported by
documentary proofs which were not considered in course of inspection
10. Enforcement of compromise agreements when there is non-compliance by any of the
parties pursuant to Art. 227
11. Other cases as may be provided by law. LA has jurisdiction over employees of
GOCCs w/o original charter (incorp under Corpo Code), employees of Cooperatives.

Note: although the provisions speak of exclusive and original jurisdiction of LAs, the cases
enumerated may instead be submitted to a voluntary arbitrator by agreement of the parties
under Art.262 (the law prefers voluntary over compulsory arbitration). The LA also has
authority to issue of the writ of execution to enforce decisions of VA in case of the latters
absence or incapacity. Note: LA has no appellate jurisdiction.
Procedure in cases filed in LA: LA (no MR) Appeal to NLRC Division, (If appeal
denied, MR) CA certiorari under Rule 65 SC (Petition for review under Rule 45)
NCMB (BOARD)
the NCMB has jurisdiction over conciliation, mediation and voluntary arbitration cases.
It performs preventive mediation and conciliation functions. It administers the voluntary
arbitration program; maintains/updates a list of voluntary arbitrators; compiles arbitration
awards and decisions; and provides counseling and preventive mediation assistance
particularly in the administration of collective agreements. It is with the NCMB that
Notices of Strike or Lockout are filed.
GRIEVANCE MACHINERY
1. Cases arising from the interpretation or implementation of CBAs and those arising
from the interpretation/enforcement of company personnel policies shall be
disposed of by the LA by referring the same to the grievance machinery and
voluntary arbitration as may be provided in said agreements. (Art.217)
2. Violations of a CBA, except those which are gross in character, shall no longer be
treated as ULP and shall be resolved as grievances under the CBA. (Art.261)
3. Violations of the provisions of company personnel policies are grievable issues
VOLUNTARY ARBITRATION
Exclusive and original juris over:
1. All unresolved grievances arising from implementation/enforcement of CBA
2. All unresolved grievances arising from implementation/enforcement of company
personnel policies
3. Violations of CBA which are not gross in character
4. All wage distortion issues arising from application of any wage orders in
organized establishments
5. All unresolved grievances arising from the interpretation and implementation of
the productivity incentive programs under RA 6971
6. All grievances submitted to grievance machinery which arent settled within
7days fr date of submission for resolution shall automatically be referred to VA
7. Other labor disputes including ULPs and bargaining deadlocks upon agreement of
the parties. (art.262) Note: before or at any stage of compulsory arbitration
process, parties to a labor dispute may agree to submit their case to VA
8. Jurisdiction by agreement of the parties: the disputes that the parties may submit to
VA can include any or all the disputes mentioned in Art. 217 which otherwise falls
under the jurisdiction of the LA (Art. 262)
9. National interest cases under art.163(g) which providesbefore or at any stage of
the compulsory arbitration process, the parties may opt to submit it to voluntary
arbitrator for vol. arbitration
Note:
1. The voluntary arbitration award becomes final and executor after 10 calendar days
from receipt of the copy of award or decision by the parties. But an MR may still
be filed before the VA during that period.

2.
3.

Decisions rendered by the VA are appealable to CA under Rule 43


A petition for certiorari under Rule 65 is applicable only where theres grave abuse
of discretion on the part of VA

BUREAU OF LABOR RELATIONS (BUREAU)


-Its functions are confined to union matters, collective bargaining and labor education
Parties involved here:
1. Mediator-Arbiter or Med-Arbiterrefers to the officer in the Regional office or in
the BLR authorized to hear, conciliate, and decide representation cases, inter-union
disputes and other related labor relations disputes, EXP cancellation of union
registration cases. (see Chan for more!)
2. DOLE Regional Director; and
3. BLR Director
Under Art. 226, the Bureau of Labor Relations and the Labor Relations Divisions in the
regional offices of DOLE, shall have original and exclusive authority to act, at their own
initiative or upon request of either or both parties, on:
1. all inter-union and intra-union conflicts, and
2. all disputes, grievances or problems arising from or affecting labor-management
relations in all workplaces, whether agricultural or non-agricultural, EXP those
arising from the implementation or interpretation of CBAs which shall be the
subject of grievance procedure and/or voluntary arbitration.
Note:
1. The BLR and the Regional Director of DOLE have concurrent jurisdiction over
inter-union and intra-union disputes. (Memaid)
2. The Med-Arbiter and the DOLE Regional Director exercise original and exclusive
jurisdiction over specified cases mentioned below. For his part, the BLR Director
exercises not only appellate but original jurisdiction over some particular cases
(Chan)
3. The parties may, by agreement, settle their differences by submitting their case to a
voluntary arbitrator rather than taking the case to BLR
Original and exclusive juris of MED-ARBITERS:
1. Inter-union disputes, also known as representation/certification election conflicts
(appeal to SOLE)
2. Intra-union disputes involving independent union, or a local chapter (appeal to
BLR Director)
Note: for intra-union disputes involving labor organizations which are federations,
national unions, industry unions, and trade union centers
3. Other related labor relations disputes such as: (appeal to BLR Director)
a. Any conflict between:
(1) A labor union and the employer
(2) A labor union and a group that is not a labor organization
(3) A labor union and an individual who is not a member of such union
b. Cancellation of registration of unions and workers associations filed by
individuals other than its members, or group that is not a labor organization
c. A petition for interpleader involving labor relations

4.
5.

Contempt cases
Excepted from their jurisdiction is cancellation of union registration cases which
are cognizable by the DOLE Regional Director (must be filed in the Regional
Office where the labor organization is registered)
Note: the jurisdiction of DOLE regional director over the cancellation of union
registration cases is limited only to that involving the local chapters and
independent union; if the registration of the federation or national unions is
involved, the BLR director has jurisdiction

Original and exclusive juris of DOLE REGIONAL DIRECTORS:


1. Petitions for cancellation of registration of independent unions, local chapters and
workers association
2. Petition for deregistration of CBAs
3. Request for examination of books of accounts of said labor organizations under
art. 274 (of local chapters)
BLR DIRECTOR
Original and exclusive juris of BLR Director (head of the agency): Appealable to
SOLE then to CA by way of rule 65 petition for certiorari
1. Complaints and petitions involving the registration and cancellation of registration
of federations, national unions, industry unions, trade union centers and their local
chapters, affiliates and member organizations
2. Request for examination of books of accounts of said labor organizations
(federations, national union, industry unions and trade union centers)
3. Intra-union disputed involving said labor org (federations, national union, industry
unions and trade union centers)
Note: in all these cases, the jurisdiction is lodged with the DOLE Regional
Director insofar as a local union is concerned.
Appellate juris of BLR Director: appealable to CA under rule 65 petition for certiorari
1. All decisions of Med-arbiters in intra-union disputes and other labor-related labor
relations disputes
Note: decisions in inter-union disputes or representation/certification election
conflicts are not appealable to the BLR Director but directly to SOLE:
a. Rule on appeal in unorganized establishmentthe order granting the conduct
of certification election here isnt subject to appeal; any issue arising from its
conduct/from its result is proper subject of a protest. Appeal may only be
made to SOLE in case of denial of the petition within 10days from receipt of
decision
b. Rule in organized establishmentto order granting the conduct of a cert
election here and the decision dismissing or denying the petition may be
appealed to SOLE w/in 10days from receipt of decision
2. All decisions originating from the DOLE Regional Director in cases falling under
their orig jurisdiction
Administrative functions of BLR and LRD:
1. Registration of labor unions
2. Keeping of registry of labor unions
3. Maintenance and custody of the files of CBA and other related agreements

4.
5.

Records of settlements of labor disputes


Copies of orders/decisions of VAs

Sources: Chan and 2015 Memaid. (based on the old numbering of the Labor Code)
Pakicorrect nlng