Labor Law Review - Table of Jurisdiction and Remedies

Labor Law Review Jurisdiction and Remedies CIVIL SERVICE COMMISSION Art. 276[291]. Government employees  – The terms and conditions of employment of all government employees, including employees of government-owned and controlled corporations, shall be governed by the Civil Service Law, rules and regulations. Their salaries shall be standardized by the National Assembly as provided for in the New Constitution. However, there shall be no reduction of existing wages, benefits and other terms and conditions of employment being enjoyed by them at the time of the adoption of this Code. Note: GOCC with original charter  – CSC, GOCC created under the Corporation Code  – LA. (1)

(9) Require it to submit reports regularly on prescribed forms (10) Act on violation of any provisions of this Title (11) Visitorial Power under Art. 289 Art. 289[274]. Visitorial power – The Secretary of Labor and Employment or his duly authorized representative is hereby empowered to inquire into the financial activities of legitimate labor organizations upon organizations upon the filing of a complaint under oath and duly supported by the written consent of at least twenty percent (20%) of the total membership of the labor organization concerned and to examine their books of accounts and other records to determine compliance or non-compliance with the law and to prosecute any violations of the law and the union constitution and by- laws: laws: Provided, Provided, That such inquiry or examination shall not be conducted during the sixty (60)-day freedom period nor within the thirty (30) days immediately preceding the date of election of union officials. (As amended by Section 31, Republic Act No. 6715, March 21, 1989)

Administrative enforcer of VAWC leave under R.A. 9262 in case of employees in the government (12) Any Labor Dispute involving industries indispensable to National Interest: REGIONAL TRIAL COURTS

(1) (2) (3) (4) (5) (6) (7)

Violation of non-compete clause (Portillo v. Rudolf Lietz) Intra-corporate controversies of officers under Sec. 25 of the Corporation Code (See Matlig v. Coros) Civil and criminal actions arising from “Batas Kasambahay” Criminal actions arising from payment of wages other than legal tender (Art. 102) Violation of non-interference in the disposal of wages Retaliatory measures if unlawful act under Art. 118 False reporting of statements, records and report under Art. 119 SECRETARY OF LABOR (SOLE)

(1)

(2)

(3) (4) (5) (6)

Powers Visitorial and Enforcement under Art. 128: (No Appeal; file MR, may only be reviewed via Rule 65 with the CA) Power to inspect employer’s record and premises at any time of the day or night whenever work is being undertaken therein any fact, condition or matter which may be necessary to determine violations or which may aid in the enforcement of this code of any labor law, wage order or rules and regulations issued pursuant thereto. Power to copy, to question employee or investigate Power to issue compliance orders Power to issue writs of execution Power to order stoppage of work or suspension of operation (Remedy of Adverse Party: Motion to lift order of stoppage or work or suspension of operation)

Duano: May the SOLE in the exercise of its enforcement power make a determination of e-e relationship? People’s Broadcasting Case (2009): Yes, however, its determination is only preliminary. The final determination belongs to the NLRC. People’s Broadcasting Case (2012) (MR of 2009 Decision): Yes, SOLE’s determination of e-e relationship is co-extensive with the NLRC

(13) Assume jurisdiction; or Duano: What is the scope of the assumption of SOLE? Bangaw (hehe) v. Pilipinas Petroleum Corp. (2014). It is an extraordinary and pre-emptive power. Thus, SOLE has full authority to determine all matters in dispute. It is deemed subsumed (absorbed) in the assumption of jurisdiction by the SOLE. (14) Certify the same to the NLRC (Remedy on the Certification Order; MR) (15) Regulatory Powers Under Art. 36 (16) Power to restrict and regulate the recruitment and placement activities within the coverage of this Title (17) Authority to issue orders and promulgate rules and regulations to carry out the objectives and implement the provisions of this Title (18) Contempt Powers under Art. 231 Art. 231[225]. Contempt powers of the Secretary of Labor  – In the exercise of his powers under this Code, the Secretary of Labor may hold any person in direct or indirect contempt and impose the appropriate penalties therefor. (19) Power to Issue Alien Employment Permit under Art. 40 Art. 40. Employment permit of non-resident aliens  – Any alien seeking admission to the Philippines for employment purposes and any domestic or foreign employer who desires to engage an alien for employment in the Philippines shall obtain an employment permit from the Department of Labor. (20) Power to suspend the effects of termination under Art. 292[277](b), last par.

(7)

Visitorial Power under Art. 37 ( Duano: authorized representative representative always refers to RD)

Art. 292[277](b), last par. The par.  The Secretary of the Department of Labor and Employment may suspend the effects of the termination pending resolution of the dispute in the event of a prima facie finding by the appropriate official of the Department of Labor and Employment before whom such dispute is pending that the termination may cause a serious labor dispute or is in implementation of a mass lay-off.

(8)

Inspect the premises, books of accounts and records of any person or entity covered by this Title

(21) Power to investigate violation of apprenticeship agreement upon complaint or motu proprio

(1) (22) Plant Apprenticeship Committee receives the complaint for violation of apprenticeship agreement (23) In case of failure to PAC to settle the issue, the appropriate TESDA Provincial Office or its duly authorized representative shall refer the case to the DOLE Regional/Provincial Official to render decision. (24) The decision of the DOLE Regional/Provincial Office shall be appealable to the DOLE within 5 days from the decision under Art. 66 (25) The DOLE Secretary’s decision shall be final and executory (26) File MR with SOLE (27) File petition for certiorari with the CA under Rule 65 (28) In case of adverse decision, file MR (29) In case MR is denied, file petition for review on certiorari under Rule 45

(2) (3) (4)

Orders issued by the Regional Director and His Authorized Representative under the Visitorial and Enforcement Power Decision of the BLR rendered in its Original Jurisdiction in Union Registration (Denial of Application or Cancellation of Registration) Decision of Med-Arbiter in Certification Election Cases Decisions of POEA

PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION Original and Exclusive Note: Administrative in character (Remedy: Appeal to the DOLE Secretary) The POEA shall exercise original and exclusive jurisdiction to hear and decide:

(30) Power to determine the “fair and reasonable value” of board, lodging and facilities custom arily furnished by the employer (Art. 97(f)) (31) Power to regulate payment of wages by results (Art. 101) (32) Power to determine when check or money order may be allowed (Art. 102) (33) Power to determine place of payment of wages (Art. 104) (34) Power to determine circumstances where indirect payment to employees may be allowed (Art. 104) (35) Power to accept payment of wages in case of death of the employee (Art. 105(b)) (36) Power to act as referee in dividing amount of wages to the heirs in case of death of employee (Art. 105(b)) (37) Power to issue regulations to restrict or prohibit the contracting-out of labor (Art. 106, par. 3) (38) Power to determine when employer may be allowed to make deductions as to the wages of workers (39) Power to determine whether deposits for loss is necessary and desirable (Art. 114) (40) Power to issue regulations for the maintenance of employment records in aid of its enforcement and visitorial powers (Art. 128(f)) (41) Power to provide appropriate regulations in case medical and dental services required from employers having not exceeding 50 employees (Art. 163[157](a)) (42) Power to establish the qualifications, criteria and conditions of employment of health personnel (Art. 166[160]) (43) Power to set and enforce mandatory occupational safety and health standards and update existing programs (Art. 166[162]) (44) Those cases (which may refer to ULP) that are submitted or ascribed in national interests cases under Art. 279(g) (SOLE’s assumption of jurisdiction or certified labor dispute to NLRC) under Art. 279(g) (45) Those cases (which may refer to termination disputes) that are submitted or ascribed in national interests cases under Art. 279(g) (SOLE’ assumption of jurisdiction or certified labor dispute to NLRC) under Art. 279(g) (46) Power to issue regulations in relation to industrial and homeworkers and field personnel (47) Power to call a national, regional or industrial tripartite conference of representatives of government, workers and employers for the consideration and adoption of voluntary codes of principles designed to promote industrial peace based on social justice or to align labor movement relations with established priorities in economic and social development (Art. 290[275](b)) Concurrent Jurisdiction (POEA Administrator) (1) Power to suspend and/or cancel license or authority under Art. 35/LC (Romero v. People, G.R. No. 171644, November 23, 2011) Appellate Jurisdiction

(1)

(2)

All pre-employment recruitment violations cases which are administrative in character, involving or arising out of violations of Rules and Regulations relating to licensing and registration, including refund of fees collected from the workers or violation of the conditions for issuance of license or authority to recruit workers; and Disciplinary action cases and other special cases, which are administrative in character, involving employers, principals, contracting partners and OFWs processed by the POEA

Note: (1)

Only Licensed and Authorized Agencies are subject to the Administrative proceedings of the POEA. Those not licensed nor authorized are subject to criminal prosecution through the assistance of the POEA before the RTC (2) The POEA has no more jurisdiction over monetary claims of OFWs, the same having been transferred to the LA by virtue of R.A. 8042, except for refund of fees. The POEA can still assume  jurisdiction Concurrent Jurisdiction (SOLE) Power to suspend and/or cancel license or authority under Art. 35/LC (Romero v. People, G.R. No. 171644, November 23, 2011) TECHNICAL EDUCATION AND SKILLS DEVELOPMENT AUTHORITY (1)

Rule Making Power under R.A. 7796, Sec. 36

(1)

Power to determine and fix minimum wage rates applicable in the region, provinces  – industries therein; To issue the corresponding wage order subject to the guidelines issued by the NWPC; Issue exceptions from Wage Order subject to the Review and Approval by NWPC ( Remedy: Appeal to the NWPC within 10 days from publication of such Wage Order. It is mandatory for the NWPC to decide such appeal within 60 calendar days from the filing thereof)

REGIONAL TRIPARTITE WAGE PRODUCTIVITY BOARD

(2) (3)

Note: Appeal will not stay the implementation of Wage Order, unless there is a bond NATIONAL WAGES AND PRODUCTIVITY COMMISSION (1)

(2) (3)

Power to Review Regional Wage Levels set by RTWPBs to determine if these are in accordance with the prescribed guidelines and national development funds ( No Appeal: may only be reviewed via Rule 65) Appellate jurisdiction over wage Orders issued by the RTWPB Review and Approve Exceptions from Wage Orders

DOLE REGIONAL DIRECTOR OR DULY AUTHORIZED HEARING OFFICERS (1)

Power: Visitorial and Enforcement under Art. 128 (Amount is immaterial because the issue here is with the violation of the Labor Standards Law) ( Remedy: MR within 7 days, then, Appeal to the DOLE Secretary within 10 days, Rule 65 with CA, MR, Rule 45 with SC)

(a) (b) (c) (d) (e)

Power to inspect employees record and work premises Power to issue compliance orders Power to issue compliance orders Power to issue writs of execution Power to order stoppage of work or suspension of operation

Note: Balladares, (2009). The visitorial and enforcement powers of the RD to order and enforce compliance with labor standards can be exercised even where the individual claims exceed P5,000. However, the presence of the following elements will divest the DOLE-RD of jurisdiction (the RD will have to endorse the case to the LA):

(a) (b) (c) (d) (e)

Over matters decided by the GSIS and SSS which shall decide appealed cases within 20 working days from the submission of the evidence (Art. 182[176]) In case of adverse decision of the ECC, file MR. If MR is denied, file a petition for review under Rule 43 with the CA In case of adverse decision, file MR In case denied, file petition for review on certiorari with the CA GOVERNMENT SERVICE INSURANCE SYSTEM

(a)

Exclusive Jurisdiction Settle any dispute arising from Title II of Book IV with respect to:

(1) (2) (3) (4) (5)

Coverage Entitlement to benefits Collection and payment of contributions Penalties in relation thereto Any other matter related thereto (Art. 186[180])

The presence of the following elements will divest the DOLE-RD of jurisdiction (the DOLE-RD will have to endorse the case to the LA):

SOCIAL SECURITY SYSTEM (a)

Exclusive Jurisdiction Settle any dispute arising from Title II of Book IV with respect to:

(1) (2) (3) (4) (5)

Coverage Entitlement to benefits Collection and payment of contributions Penalties in relation thereto Any other matter related thereto (Art. 186[180])

(a) (b) (c)

That the Employer contests the findings of the labor regulations and raises issues thereon; That in order to resolve such issues, there is a need to Examine Evidentiary Matters; and That such matters are Not Verifiable in the Normal Course of Inspection

(2)

Money claims under Art. 129 (amount immaterial) (recovery of wages, simple money claims and other benefits under the following requisites ( Remedy: Appeal to the NLRC within 5 days, no MR)

(a) (b) (c) (d)

Arising from e-e relationship (otherwise, regular courts) No reinstatement (otherwise, LA) Does not exceed P5,000 (otherwise, LA) More than 5k, e-e relationship exist

(3) (4)

VAWC Leave (Rule VI, Sec. 42 of IRR of VAWC) Labor disputes arising from “Batas Kasambahay”

GR: Cases arising from e-e relationship XPN: Seafarer or OFW which has POEA-approved employment contract but was not deployed

(a)

In case of failure of mandatory mediation/conciliation, compliance order shall be issued within 10 days from submission of the case of resolution In case of adverse decision, file MR within 10 days from receipt of resolution. In case of adverse decision of the MR, file appeal with the Secretary of Labor within 10 days from receipt thereof.

(1)

Power to issue compliance order regarding terms and conditions of employment by homeworkers Complaints for violations of labor standards and the terms and conditions of employment involving money claims of homeworkers in an amount of NOT more than P5000 per homeworker Administrative enforcer of VAWC leave under R.A. 9262 pursuant to Rule 129 Power to call a national, regional or industrial tripartite conference of representatives of government, workers and employers for the consideration and adoption of voluntary codes of principles designed to promote industrial peace based on social justice or to align labor movement relations with established priorities in economic and social development (Art. 290[275](b))

(2)

(b) (c)

(5) (6) (7) (8)

EMPLOYEES COMPENSATION COMMISSION (a)

Exclusive Jurisdiction Issue writ of execution in case of decision, or resolution which has become final and executory (Art. 188[182](b)) Appellate Jurisdiction

LABOR ARBITER Under Art. 217, Labor Code

ULP – includes violations of CBA which are GROSS in character (flagrant and/or malicious refusal to comply with the economic provisions) (retaliatory measures in case it is ULP under Art. 259)

Note: If violation of the CBA is NOT GROSS, it is not considered as ULP, else jurisdiction is with Voluntary Arbitrator (Art. 261)

(3) (a) (b)

Termination Disputes (or illegal dismissal case) – unless the parties decide to submit the same to voluntary arbitration (Atlas Farms v. NLRC, 2002) Money Claims which may be classified into two: Any money claim, regardless of amount, accompanied with a claim for reinstatement (which necessarily involves termination of employment as the principal action); or Any money claim, regardless of the claim of reinstatement, exceeding the amount of P5,000 per claimant (which does not necessarily involve termination of employment)

XPN: Money claims for Employee’s Compensation, Social Security, Philhealth and Maternity Benefits are not cognizable by the LA since these claims are cognizable by other Government Agencies such as SSS and Philhealth. (4)

Claims for damages (actual, moral, exemplary and attorney’s fees) arising from e -e relations; (includes counter- claims of employers, damages & attorney’s fees of the civil aspect of a criminal

(5)

(6) (7) (8)

case under the Labor Code) Cases arising from violations of Art. 264 of this Code, including questions involving the Legality of Strike and Lockouts, except those staged in industries indispensable to the National Interest the following may take cognizance: (1) The President; (2) DOLE Secretary himself may certify them to the NLRC for compulsory arbitration Wage Distortion cases in Unorganized Establishmentsnot voluntarily settled by the parties pursuant to R.A. 6727 Enforcement of Compromise Agreements when there is non-compliance by any of the party pursuant to Art. 227 Money Claims of OFWs, disability or death benefits under R.A. 8042, as amended by R.A. 10022

Note: Estate of Dulay v. Aboitiz Jebsen Maritime, Inc. (2012). It is only in the “absence of a CBA” that parties may opt to submit to either the NLRC or to Voluntary Arbitrations” (9)

Other cases provided by law.

(1)

Other Jurisdiction Contested Cases Under the Exception Clause of Art. 128(b), as amended by R.A. 7730 (Visitorial and Enforcement Powers of the DOLE Regional Directors)

The presence of the following elements will divest the DOLE-RD of jurisdiction (the DOLE-RD will have to endorse the case to the LA): (d) (e) (f)

That the Employer contests the findings of the labor regulations and raises issues thereon; That in order to resolve such issues, there is a need to Examine Evidentiary Matters; and That such matters are Not Verifiable in the Normal Course of Inspection

(2)

Rehabilitation Receivership only Suspends the jurisdiction of the LA; Once the receivership proceedings have ceased and liquidation takes place, monetary claims may resumed to be asserted to the LA Wage Distortion Cases ONLY in Unorganized establishments Direct Contempt under Rule 9, Sec. 1 of the 2011 NLRC Rules of Procedure

(3) (4)

Note: Motion to Dismiss based on JVRPF, before mandatory conciliation and mediation conference may be filed otherwise prohibited; Denial – Unappealable, Remedy: file position paper

NATIONAL LABOR RELATIONS COMMISSION Note: The NLRC DOES NOT HAVE ORIGINAL JURISDICTION on the cases over which the LA has Original and Exclusive Jurisdiction (No appeal, may only be reviewed via Rule 65) Original Jurisdiction (1) Injunction or TRO 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 and irreparable damage to any party; (2) Injunction in Strikes and Lockouts under Art. 264 (An aggrieved party may directly file an injunction despite the pendency of the case pertaining to the legality of the Strike or Lockout with the LA or VA) (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 SOLE for compulsory arbitration (4) Direct Contempt under Rule 9, Sec. 1 of the 2011 Rules of Procedure (5) Indirect Contempt (6) Annulment or Modification of Orders or Resolutions (by verified petition) of the LA during execution proceedings (writ of execution, etc.) under Rule 12, Sec. 1 of the 2011 NLRC Rules Exclusive Appellate Jurisdiction (1) (2) (3)

(4)

All cases decided by the LA Direct Contempt Cases decided by the LA Cases decided by the DOLE-RD or his duly authorized hearing officer (under Art. 129) involving recovery of wages, simple money claims and other benefits not exceeding P5,000 and not accompanied by a claim for reinstatement “Extraordinary Remedy” (Duano calls it “Mini certiorari”) under 2011 NLRC Rules, Rule XII BUREAU OF LABOR RELATIONS

Note: Land Bank of the Philippines v. Listana, Sr. (2003). With respect to INDIRECT CONTEMPT, the prevailing rule is, quasi-judicial agencies that have power to cite persons in indirect contempt pursuant to Rule 71 can ONLY do so by initiating them thru the proper RTC. It is not within the jurisdiction and competence to decide the indirect contempt cases. These matters are still within the province of the RTC

(1)

Note: Although the case has been decided in 2003 and the NLRC Rules has been promulgated in 2011, such Rules of Procedure cannot however supersede an SC Ruling under the principle of Stare Decisis which has the force and effect of law as if an integral part thereof from the time such law became effective

Note:

(5) (6)

(7) (8)

(9)

Money claims and illegal dismissal of Employees of Cooperatives; however with respect to issues on Termination of Membership (members), the LA has no jurisdiction under R.A. 6938 Illegal dismissal cases involving priests and religious ministers with respect to their e-e relationship or employment; However, the LA has no jurisdiction on issues of excommunication or expulsion from the Membership Cases involving employees of GOCCs WITHOUT Original Charters (those organized by the Corporation Code) Private Corporation Employees except Corporate Officers under the by-laws or appointed by the Board (RTC), unless such officer is also holding another non-corporate position. The LA under this case has jurisdiction. The person would be considered as a corporate officer and employee at the same time. Legality of Deduction for Tax Purposes intertwined with the main issue of employees’ full payment of benefits arising from e-e relationship

Original and Exclusive “Inter-Union Dispute” or “Representation Dispute” which refers to cases involving petition for certification election filed by a duly registered labor organization 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 of establishment

(a) (b)

If ORGANIZED, the grant or denial is appealable If UNORGANIZED, the DENIAL shall be appealable, GRANT may only be reviewed via Rule 65

(2)

“Intra-Union Disputes” or “Internal Union Disputes” which refer 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 the rights and conditions of union membership provided for in the Labor Code All disputes, Grievance or Problems arising from or affecting labor management relations in all work places, except those arising from the interpretation and implementation of the CBA which are subject to grievance procedure and/or voluntary arbitration. Administrative Functions

(3)

(1)

Registration of Labor Union (Multi-employer)

(2) (3)

Keeping Registry of Labor Unions Maintenance and Custody of CBAs

(1) (2)

Appellate and Exclusive Over cases decided by the Regional Labor Relations Office Med-Arbiter on Intra-Union Disputes

VOLUNTARY ARBITRATORS Original and Exclusive Jurisdiction

Remedy: Petition for certiorari via Rule 65 with the Court of Appeals DOLE LABOR RELATIONS REGIONAL OFFICE Original and Exclusive (1)

“Inter-Union Dispute” or “Representation Dispute” which refers to cases involving petition for certification election filed by a duly registered labor organization 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 of establishment

Remedy: Appeal to the CA under Rule 43 Duano: Appeal of VA to the CA under Rule 43 is 10 days lang since ang controlling ay Labor Code (substantive) rather than ROC (procedural) (1) (2) (3) (4) (5) (6) (7)

ULP if the parties agree that it be submitted to voluntary arbitration (Art. 275) Termination disputes upon agreement of the parties under Art. 275, LC All Unresolved Grievances arising from CBA (SIMPLE violations NOT GROSS in character, otherwise, LA (since ULP)) All Unresolved Grievances arising from Company Policies; All Unresolved Wage Distortion Cases in Organized Establishments (Art. 261) All Labor Disputes including ULP (not GROSS in character) and bargaining deadlocks, upon agreement of the parties Over Strikes and Lockouts  –

Note: (8) (c) (d)

If ORGANIZED, the grant or denial is appealable If UNORGANIZED, the DENIAL shall be appealable, GRANT may only be reviewed via Rule 65

(2)

“Intra-Union Disputes” or “Internal Union Disputes” which refer 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 the rights and conditions of union membership provided for in the Labor Code All disputes, Grievance or Problems arising from or affecting labor management relations in all work places, except those arising from the interpretation and implementation of the CBA which are subject to grievance procedure and/or voluntary arbitration. Administrative Functions

(3)

(4) (5) (6)

Registration of Labor Union (single-enteprise) Keeping Registry of Labor Unions Maintenance and Custody of CBAs

(1)

Compulsory training of apprentices under Art. 70(b)

THE PRESIDENT

Art. 70(b). When (a) national security or (b) particular requirements of economic development so demand, the President of the Philippines may require compulsory training of apprentices in certain trades, occupations, jobs or employment levels where shortage of trained manpower is deemed critical as determined by the Secretary of Labor and Employment (2)

The President 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 (causing or likely to cause a STRIKE or LOCKOUT) in order to settle or terminate the same under Art. 236(g)

Remedy: Appeal to the CA under Rule 43

(9)

Before or at any stage of the compulsory arbitration process, the parties may opt to submit their dispute to voluntary arbitration (Art. 263(h)) Illegality of Strikes and Lockouts, if parties mutually agree to submit the same to VA, otherwise LA

(10) National interest cases (11) Unresolved grievances for interpretation/implementation of CBA Note: Termination Disputes (legality of the employee’s dismissal for LACK of JUST CAUSE & LACK OF DUE PROCESS) GR: Not grievable XPN: Atlas Farms v. NLRC, (2002). When the parties express agree to submit such issue to voluntary arbitration (in the CBA). Note: Haleguena v. PAL. Constitutionality/Legality of CBA provisions is with the RTC (12) Money claims arising from interpretation/implementation of CBA (13) All unresolved grievances arising from the interpretation and implementation of productivity incentive programs under R.A. 6971; (14) All other labor disputes including unfair labor practices and bargaining deadlocks, upon agreement of the parties. MED-ARBITRERS (1) (2)

Certification Election Cases of Labor Organization (Inter-Union Disputes) as the exclusive collective bargaining unit in a certain establishment ( Remedy: Appeal to DOLE Secretary) Intra-Union Disputes (Remedy: Appeal to BLR) GRIEVANCE COMMITTEE/MACHINERY

(1) (2) (3)

Interpretation or Implementation of the CBA; Interpretation or enforcement of company policies; Wage Distortion cases in organized establishment, and if remains unresolved to the voluntary arbitrators or panel of arbitrators which shall decide within 10 calendar days from the time it is referred to voluntary arbitrators (Art. 124, par. 4)

Duano: The President can act as Voluntary Arbitrator in National Interest Cases Note:

(a) (b)

All grievances submitted which are NOT settled within seven (7) calendar days from the date of its submission shall automatically be referred to Voluntary Arbitration prescribed in the CBA Halaguena v. PAL. Constitutionality/Legality of CBA provisions with the RTC

(1)

Has jurisdiction over conciliation, mediation and voluntary arbitration cases:

(a) (b) (c) (d) (e)

Preventive mediation and conciliation functions Voluntary arbitration programs Maintains/updates a list of voluntary arbitrators Compiles arbitration awards and decisions Provides counseling and prevention mediation assistance in administration of Collective Agreements

(2) (3)

Filing of Notices of Strikes and Lockouts In case of Wage Distortions in unorganized establishments, and if it remains unresolved within 10 calendar days it shall be referred to appropriate branch of the NLRC (LA) (Art. 124, par. 5)

NATIONAL CONCIALIATION AND MEDIATION BOARD

Duano on Money Claims LA SOLE/RD RD

Art. 224(a)(3). No specific amount, must be termination dispute Art. 224(a)(b). Exceeds P5,000, with or without reinstatement Art. 128(b). There must be e-e relationship, there is no termination yet, regardless of amount Art. 129. Below P5,000, without reinstatement. (Remedy appeal to the NLRC within 5 from receipt of copy of resolution)