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1.

Labor Arbiter

Jurisdiction

Art. 224 [217] Jurisdiction of Labor Arbiters and the Commission. – (a) Except as
otherwise provided under this Code, the Labor Arbiters shall have original and excusive
jurisdiction to hear and decide, within 30 calendar days after the submission of the case
by the parties for decision without extension, even in the absence of stenographic notes,
the following cases involving all workers, whether agricultural of non-agricultural:

1. Unfair labor practice cases;


2. Termination disputes;
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;
4. Claims for actual, moral, exemplary and other forms of damages arising from the
employer-employee relations;
5. Cases arising from any violation of Article 264 of this Code, including questions
involving the legality of strikes and lockouts; and
6. Except 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 P5,000.00
regardless of whether accompanied with a claim for reinstatement.

(b) The Commission shall have exclusive appellate jurisdiction over all cases decided by
Labor Arbiters.

(c) Cases arising from the interpretation or implementation of collective bargaining


agreements and those arising from the interpretation or enforcement of company
personnel policies shall be disposed of by the Labor Arbiter by referring the same to the
grievance machinery and voluntary arbitration as may be provided in said
agreements. (As amended by Section 9, Republic Act No. 6715, March 21, 1989)

2. National Labor Relations Commission

a. Original Jurisdiction

1. Certified cases – cases certified to it for compulsory arbitration by the Secretary


of Labor under Art. 277 [263] or the President under Art. 278 [264];
2. Injunction cases under Arts. 225 [218] and 278 [264];
3. Contempt cases; and
4. Verified petition
b. Exclusive Appellate Jurisdiction

1. Cases decided by Labor Arbiters under Art. 224 (b) [217 (b)];
2. Cases decided by the Regional Offices of DOLE in the exercise of its adjudicatory
function under Art. 129 of the Labor Code over monetary claims of workers
amounting to not more than P 5,000; and
3. Contempt cases decided by the Labor Arbiters

Rules of Procedure
Composition

1. One chairman; and


2. 23 Members

Eight members each shall be chosen only from among the nominees of the workers and
employers organizations, respectively. The Chairman and the seven remaining members
shall come from the public sector, with the latter to be chosen preferably from among
the incumbent Labor Arbiters.

Upon assumption into office, the members nominated by the workers and employers
organization shall divest themselves of any affiliation with, or interest in the federation
or association to which they belong.

Note: The composition of the NLRC is trisectoral.

Tripartism is the representation of the three sectors in the policy making bodies of the
government namely:
1. Public government;
2. Employers; and
3. Workers.

Tripartism is observed in numerous government agencies or instrumentalities among


them, the NLRC.

There is no need for the Commission on Appointments to confirm the positions in the
NLRC. Such requirement has no constitutional basis (Calderon v. Carale).

Qualifications of the Chairman and the Commissioners

1. Must be a member of the Philippine Bar;


2. Must have been engaged in the practice of law in the Philippines for at least 15
years;
3. Must have experience and exposure in handling labor management relations for at
least five years; and
4. Preferably a resident of the region where he is to hold office.

Qualifications of Executive Labor Arbiter/s

5. Must be a member of the Philippine Bar;


6. Must have been engaged in the practice of law in the Philippines for at least 10
years; and
7. Must have experience and exposure in handling labor management relations for at
least five years.

Powers (RCI-COI)

1. Rule-making power – involves the promulgation of rules and regulations concerning:


a. Disposition of cases
b. Internal functions
c. Matters which may be necessary to carry out the purpose of the Labor Code
2. Power to issue compulsory processes – involves the following:
a. Administering oaths
b. Summoning parties
c. Issuance of subpoenas
3. Power to investigate – involves the power to investigate matters and hear disputes
within its jurisdiction/adjudicatory power including:
a. Original jurisdiction
b. Appellate jurisdiction
4. Contempt power
5. Ocular inspection
6. Power to issue injunctions and restraining orders

3. Bureau of Labor Relations

Jurisdiction

Art. 232. [226] Bureau of Labor Relations. – The Bureau of Labor Relations and the Labor
Relations Divisions in the regional offices of the Department of Labor, shall have original
and exclusive authority to act, at their own initiative or upon request of either or both
parties, on all inter-union and intra-union conflicts, and all disputes, grievances or
problems arising from or affecting labor-management relations in all workplaces,
whether agricultural or non-agricultural, except those arising from the implementation
or interpretation of collective bargaining agreements which shall be the subject of
grievance procedure and/or voluntary arbitration.

The Bureau shall have fifteen (15) working days to act on labor cases before it, subject to
extension by agreement of the parties.
Powers and Functions

E.O. 292 or the 1987 Administrative Code

Section 16. Bureau of Labor Relations. - The Bureau of Labor Relations shall set policies,
standards, and procedures on the registration and supervision of legitimate labor union
activities including denial, cancellation and revocation of labor union permits. It shall
also set policies, standards, and procedure relating to collective bargaining agreements,
and the examination of financial records of accounts of labor organizations to determine
compliance with relevant laws.

The Bureau shall also provide proper orientation to workers on their schemes and
projects for the improvement of the standards of living of workers and their families.

4. National Conciliation and Mediation Board

Jurisdiction

EXECUTIVE ORDER NO. 126: REORGANIZING THE MINISTRY OF LABOR AND


EMPLOYMENT AND FOR OTHER PURPOSES

Sec. 22. National Conciliation and Mediation Board. A National Conciliation and
Mediation Board, herein referred to as the "Board", is hereby created and which shall
absorb the conciliation, mediation and voluntary arbitration functions of the Bureau of
Labor Relations in accordance with Section 29 (c) hereof. The Board shall be composed
of an Administrator and two (2) Deputy Administrators. It shall be an attached agency
under the administrative supervision of the Minister of Labor and Employment.

The Administrator and the Deputy Administrators shall be appointed by the President
upon recommendation of the Minister of Labor and Employment. There shall be as
many Conciliators-Mediators as the needs of the public service require, who shall have
at least three (3) years of experience in handling labor relations and who shall be
appointed by the President upon recommendation of the Minister.

The Board shall have its main office in Metropolitan Manila and its Administrator shall
exercise supervision over Conciliators-Mediators and all its personnel. It shall establish
as many branches as there are administrative regions in the country, with as many
Conciliators-Mediators as shall be necessary for its effective operation. Each branch of
the Board shall be headed by an Executive Conciliator-Mediator.

The Board shall have the following functions:


(a) Formulate policies, programs, standards, procedures, manuals of operation and
guidelines pertaining to effective mediation and conciliation of labor disputes;

(b) Perform preventive mediation and conciliation functions;

(c) Coordinate and maintain linkages with other sectors or institutions, and other
government authorities concerned with matters relative to the prevention and
settlement of labor disputes;

(d) Formulate policies, plans, programs, standards, procedures, manuals of operation


and guidelines pertaining to the promotion of cooperative and non-adversarial schemes,
grievance handling, voluntary arbitration and other voluntary modes of dispute
settlement;

(e) Administer the voluntary arbitration program; maintain/update a list of voluntary


arbitrations; compile arbitration awards and decisions;

(f) Provide counselling and preventive mediation assistance particularly in the


administration of collective agreements;

(g) Monitor and exercise technical supervision over the Board programs being
implemented in the regional offices; and

(h) Perform such other functions as may be provided by law or assigned by the Minister.

5. Regional Directors

Jurisdiction

Art. 129. Recovery of wages, simple money claims and other benefits. Upon complaint
of any interested party, the Regional Director of the Department of Labor and
Employment or any of the duly authorized hearing officers of the Department is
empowered, through summary proceeding and after due notice, to hear and decide any
matter involving the recovery of wages and other monetary claims and benefits,
including legal interest, owing to an employee or person employed in domestic or
household service or househelper under this Code, arising from employer-employee
relations: Provided, That such complaint does not include a claim for reinstatement:
Provided further, That the aggregate money claims of each employee or househelper
does not exceed Five thousand pesos (P5,000.00). The Regional Director or hearing
officer shall decide or resolve the complaint within thirty (30) calendar days from the
date of the filing of the same. Any sum thus recovered on behalf of any employee or
househelper pursuant to this Article shall be held in a special deposit account by, and
shall be paid on order of, the Secretary of Labor and Employment or the Regional
Director directly to the employee or househelper concerned. Any such sum not paid to
the employee or househelper because he cannot be located after diligent and
reasonable effort to locate him within a period of three (3) years, shall be held as a
special fund of the Department of Labor and Employment to be used exclusively for the
amelioration and benefit of workers.

Any decision or resolution of the Regional Director or hearing officer pursuant to this
provision may be appealed on the same grounds provided in Article 223 of this Code,
within five (5) calendar days from receipt of a copy of said decision or resolution, to the
National Labor Relations Commission which shall resolve the appeal within ten (10)
calendar days from the submission of the last pleading required or allowed under its
rules.

The Secretary of Labor and Employment or his duly authorized representative may
supervise the payment of unpaid wages and other monetary claims and benefits,
including legal interest, found owing to any employee or househelper under this Code.

6. Grievance Machinery and Voluntary Arbitration

a. Grievance Machinery

Definition

Grievance machinery is a mechanism for the adjustment of controversies or disputes


arising from the interpretation or implementation of the CBA and the interpretation or
enforcement of company personnel policies (D.O. No. 40-03, Rule XIX, Sec. 1).

b. Voluntary Arbitrators

Jurisdiction

Art. 267 [261]. 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.

People’s Broadcasting Service (Bombo Radyo Phils., Inc.) v. Secretary of Labor and
Employment

1. Determine if there is employer-employee relationship at the time of the filing of the


complaint.
a. If yes, Regional Director has jurisdiction
b. If no, Labor Arbiter (whether or not accompanied by claim for reinstatement).
The Regional Director has no more jurisdiction. No more visitorial power to
strengthen.
c. If no from the very beginning, neither Regional Director, Labor Arbiter nor the
NLRC has jurisdiction.

Study: McBurnie Case


Still I

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