Report in Problem Areas in Legal Ethics

8/13/2019 Report in Problem Areas in Legal Ethics

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Quasi-judicial bodies which

exercises jurisdiction over Laborcases


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A. With Original Jurisdiction

Labor Arbiters(Art. 217); National Labor Relations Commission (NLRC);

Bureau of Labor Relations (BLR)/Regional

Office(Art. 226); DOLE Regional Directors/duly authorized

hearing officers(Art. 129);

Grievance Machinery and Voluntary

Arbitrators(Art. 260);

Secretary of Labor and Employment/his duly

authorized representatives(Art. 128);


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B. With Appellate Jurisdiction

National Labor Relations Commission (NLRC);

Secretary of Labor and Employment; and

Director of the Bureau of Labor Relations.


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LABOR ARBITERS

What is the nature of jurisdiction of Labor

Arbiters?

The jurisdiction is original and exclusive in nature.

Labor Arbiters have no appellate jurisdiction.


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What are the cases falling under the

jurisdiction of the Labor Arbiters?Labor Arbiters have jurisdiction over the

following cases :

Unfair labor practice (ULP) cases;

Termination disputes (or illegal

dismissal cases);


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Cases that workers may file involving wages,

rates of pay, hours of work and other terms and

conditions of employment, if accompanied withclaim for reinstatement;

Claims for actual, moral, exemplary and other

forms of damages arising from the employer-

employee relations;

Cases arising from any violation of Article 264of this Code, including questions involving the

legality of strikes and lockouts; and


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Except claims for Employees Compensation,

Social Security, Medicare and maternity

benefits, all other claims arising fromemployer-employee relations, including

those of persons in domestic or household

service, involving an amount exceedingfive

thousand pesos (P5,000.00) regardless of

whether accompanied with a claim for

reinstatement.

If the amount is less than (P5,000.00) it shallfall under the jurisdiction of the DOLE

Regional Director


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NLRC

What are the two kinds of jurisdiction of the

NLRC?

Original jurisdiction; and

Exclusive appellate jurisdiction.


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Original jurisdiction

Injunction in ordinary labor disputes to enjoinor restrain any actual or threatenedcommission of any or all prohibited or unlawfulacts or to require the performance of a

particular act in any labor dispute which, if notrestrained or performed forthwith, may causegrave or irreparable damage to any party.

Injunction in strikes or lockouts under Article264 of the Labor Code.


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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 Secretary of Labor andEmployment for compulsory arbitration.


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Exclusive appellate jurisdiction

All cases decided by the Labor Arbitersincluding contempt cases.

Cases decided by the DOLE Regional Directors

or his duly authorized Hearing Officers (under

Article 129) involving recovery of wages,

simple money claims and other benefits not

exceeding P5,000 and not accompanied byclaim for reinstatement.


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What is the distinction between the

jurisdiction of the Labor Arbiters and the

NLRC?

The NLRC has exclusive appellate jurisdictionon

ALLcases decided by the Labor Arbiters. The NLRC

does not have original jurisdiction on the casesover which Labor Arbiters have original and

exclusive jurisdiction. If a claim does not fall within

the exclusive original jurisdiction of the Labor

Arbiter, the NLRC cannot have appellate

jurisdiction thereover.


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BLR/LRD

The BLR has original and exclusive jurisdictionover the following:

on all inter-union and intra-union conflicts, and all

disputes, grievances or problems arising from oraffecting labor-management relations in all

workplaces, whether agricultural or non-

agricultural, except those arising from the

implementation or interpretation of collectivebargaining agreements which shall be the subject

of grievance procedure and/or voluntary

arbitration.


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Labor Relations Division handles the same

cases of Bureau of Labor Relations in the

Regional Offices of the Department of Labor

and Employment.


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REGIONAL DIRECTOR

Under Article 129, the Regional Director orany of the duly authorized hearing officers of

DOLE have jurisdiction over claims for

recovery of wages, simple money claims andother benefits, provided that:

the claim must arise from employer-employee

relationship;

the claimant does not seek reinstatement; and

the aggregate money claim of each employee

does not exceed P5,000.00


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GRIEVANCE MACHINERY

Cases falling under the jurisdiction of the

Grievance Machinery are those grievance

arising from:

the interpretation or implementation of the

Collective Bargaining Agreement (CBA); and

the interpretation or enforcement of company

personnel policies.


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(NOTE: All grievances submitted to the grievance

machinery which are not settled within seven (7)

calendar days from the date of its submission

shall automatically be referred to voluntaryarbitration prescribed in the CBA)


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VOLUNTARY ARBITRATORS

The Voluntary Arbitrator (or panel of

Voluntary Arbitrators) has original and

exclusive jurisdiction over the following:

all unresolved grievances arising from the

interpretation or implementation of the

collective bargaining agreement afterexhaustion of the grievance procedure; and


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all unresolved grievances arising from the

implementation or interpretation of company

personnel policies. (Article 261).

all other labor disputes including unfair labor

practices and bargaining deadlocks, uponagreement of the parties. (Article 262).


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SECRETARY OF LABOR AND

EMPLOYMENT

When may the Secretary of DOLE assumejurisdiction of a labor dispute and what are itseffects?

When, in his opinion, the labor dispute maycause or is likely to cause a strike or lock-out inan industry indispensable to the nationalinterest. Such assumption shall automaticallyenjoinall intended or impending strikes or lock-outs or, if one has already taken place, it shallrequire all striking or locked out employees toreturn to work on pain of dismissal.


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What are the cases falling under the DOLE

Secretarys appellate power?

Orders issued by the duly authorized

representative of the Secretary of Labor and

Employment under Article 128 (Visitorial and

Enforcement Power) may be appealed to the

latter. (Art. 128).


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Denial of application for union registration or

cancellation of union registration originally rendered

by the Bureau of Labor Relations (BLR) may beappealed to the Secretary of Labor and Employment.

(NOTE: If originally rendered by the Regional Office,

appeal should be made to the BLR).

Decisions of the Med-Arbiter in certification election

casesare appealable to the DOLE Secretary. (Art.

259).


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