Jurisdiction of DOLE Secretary

Original Jurisdiction
1. Petition to assume jurisdiction over labor dispute affecting industries indispensable to the national interest
(national interest case)
2. Petition to certify national interest cases to the NLRC for compulsory arbitration
3. Petition to suspend effects of termination
4. Administrative Intervention for Dispute Avoidance (AIDA) cases
5. Voluntary arbitration cases
6. Contempt cases

Administrative Intervention for Dispute Avoidance (AIDA)

This is a new administrative procedure for the voluntary settlement of labor dispute in line with the objectives of
ADR Act and the mandate to the DOLE to promote industrial peace.

This recourse is separate from the established dispute resolution modes of mediation, conciliation and arbitration
under the LC, and is an alternative to other voluntary modes of dispute resolution such as the voluntary submission
of a dispute to the RD for mediation, to the NCMB for preventive mediation or to the intervention of a regional or
tripartite peace council for the same purpose

Either or both employer and certified collective bargaining agents may voluntarily bring to the Office of the DOLE
Secretary through a Request for Intervention, any potential or ongoing dispute.

A potential or on-going dispute refers to:

1. A live and active dispute
2. That may lead to a strike or lockout or to massive labor unrest, and
3. Is not the subject of any complaint or notice of strike or lockout at the time a Request for Intervention is
made.

Request for Intervention shall state:

1. The name and address of the employer
2. The name of the certified bargaining agent or the employee representative duly designated in writing by
the majority of the employees where there is no collective bargaining agent;
3. The number of employees affected by the potential or on-going dispute, and
4. A brief description of the potential or ongoing dispute.

Upon receipt of the request, the office of the DOLE Sec should notify the parties and invite them for conference.

Pre-requisite to intervention by DOLE Secretary:

1. They voluntarily submitted their potential or ongoing dispute to intervention by the Office of the DOLE
Secretary
2. There is no pending notice of strike or lockout or any related complaint in relation to their potential or
ongoing dispute
3. They shall refrain from any strike or lockout or any form of work stoppage or from filing any related
complaint while the Secretary’s intervention is in effect; and
4. They shall abide by the agreement reached, whose terms may be enforced through the appropriate writs
issued by the DOLE Sec.

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All agreement settling the dispute should be in writing and signed by the parties as well as the official who mediated
the dispute

Voluntary Arbitration by DOLE Secretary

If the intervention through AIDA fails, either or both parties may avail themselves of the remedies provided under
the LC. Alternatively, the parties may submit their dispute to the Office of the DOLE Secretary for voluntary
arbitration.

Voluntary arbitration should be limited to the issues defined in the parties’ submission to voluntary arbitration
agreement and should be decided on the basis of the parties position papers and submitted evidence.

The Office of the Dole Secretary is mandated to resolve the dispute within 60 days from the parties’ submission of
the dispute resolution.

“It cannot be said that in taking cognizance of the NCMB-NCR case, the Secretary of Labor did so in a limited capacity,
i.e. as a voluntary arbitrator. The fact is undeniable that by referring the case to the Secretary of Labor, Conciliator-
Mediator Aglibut conceded that the case fell within the coverage of Art 278 of the Labor Code; the impending strike
in Philtranco, a public transportation company whose business in imbued with public interest, required that the
Secretary of Labor assume jurisdiction over the case, which he in fact did. By assuming jurisdiction over the case, the
provisions of Art 278 become applicable, any representation to the contrary or that he is deciding the case in his
capacity as a voluntary arbitrator notwithstanding.

Appellate jurisdiction of the DOLE Secretary

The current rule is that there is no appeal from the NLRC’s decisions. The only way to elevate the decisions of the
NLRC to the CA is to initiate an original special civil action of certiorari (Rule 65).

Not all decision, awards or orders rendered by the DOLE RD are appealable to the DOLE Secretary.
I. Case so appealable:
a. Visitorial cases under Art 37
b. Visitorial and enforcement cases under Art 128 (either routine or initiated through a complaint)
c. Occupational safety and health violations
d. Cases related to private recruitment and placement agencies (PRPAs) for local employment, such
as:
i. Application for license or denial thereof
ii. Complaints for suspension or cancellation of license by reason of administrative offenses;
iii. Complaints for illegal recruitment, and
iv. Petition for closure of agency

II. Cases not appealable to DOLE Secretary

a. Visitorial cases under Art 289, involving examination of books of accounts of independent unions,
local chapters/chartered locals and worker’s association – to BLR Director
b. Small money claims arising from labor standards violation in an amount not exceeding 5K and not
accompanied with a claim for reinstatement under Art 129 – to NLRC
c. Case submitted for voluntary arbitration on their capacity as Ex-Officio Voluntary Arbitrators
(EVAs) – CA Rule 43
d. Union registration- related cases, such as:
i. Denial of application for registration of said unions – to BLR Director
ii. Decisions on petition for revocation or cancellation of registration of said unions – to BLR
Director

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 e. Notice of merger, consolidation, affiliation and change of name of said unions – to BLR Director
f. CBA related cases
i. Application for registration of single-enterprise CBAs or petition for deregistration thereof
– BLR Director
ii. Petition for denial of registration of single-enterprise CBAs or denial of petition for
deregistration thereof – to BLR Director

Appeals from Med-Arbiters

- Only decisions in inter-union disputes (representation or certification election conflicts) are appealable to
DOLE Secretary by virtue of Art 272.
- All others are appealable to the BLR Director

Appeals from BLR Director

- The decisions of BLR Director rendered in his original jurisdiction are appealable to the DOLE Secretary,
thus:
o Complaints and petitions involving the application for registration, revocation or cancellation or
registration of federations, national unions, industry unions, trade unions centers and their local
chapters/chartered locals, affiliates and member organizations
o Request for examination of books of accounts of said labor organizations under Art 289
o Intra-union disputes involving said labor organizations
o Notice of merger, consolidation, affiliation and change of name of said unions and or petition for
denial thereof
o Registration of multi-employee CBA or petition for their deregistration
o Contempt cases

Appeals from POEA

- DOLE Secretary has appellate jurisdiction over cases which POEA has original jurisdiction:
o All cases which are administrative in character, involving or arising out of violation of recruitment
rules and regulations, including refund of fees collected from land-based OFWs and seafarers and
any violation of the conditions for the issuance of the license to recruit OFW
o Disciplinary action cases against land-based OFWs and seafarers and principal/employers that are
administrative in character, excluding money claims.
- Period to appeal – within 15 calendar days from the receipt of copy of the decision
- A period of 10 days in case of appeal to the DOLE Secretary of the Order of the POEA Administrator denying
the Motion to Lift a closure order or Motion to Re-open. Any motion filed on the denial of the motion to lift
shall be treated as an appeal
- POEA ceased to have jurisdiction over money claims of OFWs, or those 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 damager. – LA has jurisdiction

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