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ARTICLE. 229. APPEAL.

1Decisions, awards, or orders of the Labor Arbiter are final and executory

unless appealed to the Commission by any or both parties


within ten (10) calendar days from receipt of such decisions, awards, or orders.

Such appeal may be entertained only on any of the following grounds:


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(a) If there is Prima facie evidence of abuse of discretion on the part of the Labor Arbiter;
(b) If the decision, order or award was Secured through fraud or coercion, including graft and
corruption;
(c) If made Purely on questions of law; and
(d) If Serious errors in the findings of facts are raised which would cause grave or irreparable damage
or injury to the appellant.

2In case of a judgment involving a monetary award, an appeal by the employer may be perfected
only upon the posting of a cash or surety bond
issued by a reputable bonding company duly accredited by the Commission
in the amount equivalent to the monetary award in the judgment appealed from.

3Inany event, the decision of the Labor Arbiter reinstating a dismissed or separated employee,
insofar as the reinstatement aspect is concerned, shall immediately be executory, even pending appeal.
The employee shall either be
(1) admitted back to work under the same terms and conditions prevailing prior to his dismissal or
separation OR,
(2) at the option of the employer, merely reinstated in the payroll.
The posting of a bond by the employer shall not stay the execution for reinstatement provided herein.

4To discourage frivolous or dilatory appeals,


the Commission or the Labor Arbiter shall impose reasonable penalty, including fines or censures, upon the
erring parties.

5In
all cases, the appellant shall furnish a copy of the memorandum of appeal to the other party
who shall file an answer not later than ten (10) calendar days from receipt thereof.

6The Commission shall decide all cases


within twenty (20) calendar days from receipt of the answer of the appellee.
The decision of the Commission shall be final and executory
after ten (10) calendar days from receipt thereof by the parties.

7Any law enforcement agency may be deputized


by the Secretary of Labor and Employment or the Commission
in the enforcement of decisions, awards or orders.
ARTICLE 251. RIGHTS OF LEGITIMATE LABOR ORGANIZATIONS.
A legitimate labor organization shall have the right:
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(a) To Act as the representative of its members for the purpose of collective bargaining;
(b) To Be certified as the exclusive representative of all the employees in an appropriate bargaining
unit for purposes of collective bargaining;
(c) To Be furnished by the employer, upon written request, with its annual audited financial
statements, including the balance sheet and the profit and loss statement,
within thirty (30) calendar days from the date of receipt of the request,
after the union has been duly recognized by the employer or certified as the sole and exclusive
bargaining representative of the employees in the bargaining unit, OR
within sixty (60) calendar days
before the expiration of the existing collective bargaining agreement, or
during the collective bargaining negotiation;
(d) To Own property, real or personal, for the use and benefit of the labor organization and its
members;
(e) To Sue and be sued in its registered name; and
(f) To Undertake all other activities designed to benefit the organization and its members,
including cooperative, housing, welfare and other projects not contrary to law.

Notwithstanding any provision of a general or special law to the contrary,


the income and the properties of legitimate labor organizations,
including grants, endowments, gifts, donations and contributions they may receive
from fraternal and similar organizations, local or foreign,
which are actually, directly and exclusively used for their lawful purposes,
shall be free from taxes, duties and other assessments.
The exemptions provided herein may be withdrawn only by a special law expressly repealing this provision.

ARTICLE. 274. 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, 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.

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