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TITLE I - POLICY AND DEFINITION Art. 211. What are the policy objectives of our Labor Relations Law? 1. 2. 3. 4. 5. 6. 7. 8. Free CB/N inc VAMC for DS (dispute settlement) Free Trade Unionism Free Voluntary Union Organization Workers’ Education of Rights/Obligations Machinery for D settlement Industrial Peace W’s participation in pdmaking Democratic Regulations of ER-EE R
Art. 212 – DEFINITION OF TERMS Selected items: Employer includes any person acting in the interest of an employer directly or indirectly, in relation to an EE. (Government, Subd, instr, GOCC, Non-profit instn /org., coops); any person in the employ of another. It includes any individual whose work has ceased due to labor dispute if no other substantial employment. any Union or EE Assn organized for CB, for dealing with ER re t&c empt. LO duly registered with DOLE. LO whose formation, function or administration aided by ER. LLO or its agent w/n employed by ER. Economic or political controversy in industrial setting represents ER, executes management policies, exercises mgt prerogatives recommends such mgrl action, whose authority needs use of independent judgment. Person accredited as such by NCMB, Person to act as VA thru CBA or chosen via selection process in CBA, or any Official authorized to act as VA by written agreement of parties to LD. temporary stoppage of w by concerted action of EES as a result of LID. temporary refusal of ER to furnish work as a result of LID. d or grievances arising from viol of union cbl inc viol of rights & conditions re union membership
Labor Org Leg Labor Org Company Union Bargaining Rep Labor Dispute Managerial EE Supvsry EE VA Strike Lockout Internal Union D
inc runaway shops. BRANCHES AND PROVL EXTENSIONS • • • • • • • • • • to SOLE.2 Strike Breaker Strike area obstructs. impedes. LA’s appointment by the President needs recommendation from the Comm en banc. Certified Case (but repealed by RA 6715 March 1989) Q. 2006 and took effect August 26. immediate vicinity used by picketing strikers. 4.When does NLRC sit en banc? 1. 2006) 2. Carale GR 91636 4. 23. Member Philippine Bar Practice of law in Phil 15 yrs 5 yrs experience in L-M Rel Preferably residents of Region where holding ofc Appointment from President (no more CA confirmation Calderon vs.When does NLRC sit in divisions of 3 members Adjudicatory.lapsed into law on July 27. 2005) delegated administrative supervision of NLRC Q.Visayas 8th Div . now increased to 24) RA 9347 . Promulgate NLRC Rules (2005 Revised Rules of Proc of the NLRC Jan 7.92) . 213 . 4. (used to be 15 . 214 – HEADQUARTERS.NLRC Art. . Formulate Policies re administration & operations 3. and all other functions and duties. . or interferes with. Case under Div’s jurisdiction is to be transferred to another Div. 215 – Qualifications of Commissioners: Qualifications of Commissioners: 1. 2006 for failure of President to veto within 30 days from receipt of bill.Mindanao Commission attorneys will assist the Chairman and 23 members EO 204 (May 5. . Chairman and 23 Commissioners (elevated to rank of CA Justices in terms of salary etc. Art. by fvcti. 5. any peaceful picketing by ees during labor controversy area of strike. 2. areas fronting all ingress/egress points of establishment. 3. Concurrence of 2 for judgment (Chairman may temprly assign one more if only to obtain 2 Art.) En banc or in 8 divisions 1 to 6 Divisions – NCR 7th Div.
000 w/n with reinstatement except those under EC. Medicare.3 Qualifications of LAs: 1. 217 – J OF LA & COMMISSION 1. Maternity. 4. 2. 7. Other money claims exceeding P5. Rule Making Compulsory Processes Investigate/Hear cases within its J Contempt Ocular Inspection (Art. 7. 219) Original Adjudicatory power (Injunction & SOLE-Certified Case) Appellate Adjudicatory power (DOR of LA) Art. Art. 218 – POWERS OF THE COMMISSION 1. 9. BENEFITS & EMOLUMENTS (under RA 9347) Inc RETIREMENT BENEFITS Chairman – equivalent to CA Presiding Justice Commissioners – equivalent to CA Justices Art. SSS. Enforcement of Compromise Agreement per Art 227 # Commission – exclusive appellate j over DOR of LA. 2. 5. 3. OFW cases arising from ER-EE Wage Distortion in unorg Est if not voluntarily settled by parties pursuant to RA 6727 10. 221 – TECHNICAL RULES NOT BINDING. Grievable Cases referred by LA to GM or VA per CBA. 216 – SALARIES. 5. 4. 3. PRIOR RESORT TO AM SETTLEMENT • • • Tech Rules of evidence in Rules of Court not binding Use of every and all reasonable means to ascertain the facts Exerting all efforts toward AmSettlement. Member Philippine Bar Practice of law in Phil 10 yrs 5 yrs experience in L-M Rel Appointment from President upon recomm by C en banc Common Tenure Hold ofc during good behavior till 65 yo unless just cause or incapacity May be extended to 70 by President on recomm by C en banc. 3. ULP Termination D Money claims regardless of amt if with REINSTATEMENT Damages arising from ER-EE Cases from viol of Art 264 (Prohibited Acts) also legality of strikes/lockouts 6. ADDITION: 8. 2. Art. 4. Art. 220 – COMPULSORY ARBITRATORS (Repealed by BP 130) Art. 222 – APPEARANCE OF NON-LAWYERS (Repealed by BP 130) . 6.
If not . without need of any additional ritual by EE). 2.4 1. Q What is the effect if the J is F & E? The winning party is entitled to Writ of E as a matter of right. (Abbot vs. Q Abuse of Discretion. .e. Automatic Reinstatement (i. Q What are the Grounds for Appeal? 1. Atty’s fees 2. Fraud or Coercion. Order. by operation of law. this is strictly non-extendible. Q • • What are the Legal Consequences if J is with reinstatement? R is immediately executory even pending appeal. Similar charges EXCEPT against UNION FUNDS in amt agreed upon by parties APPEAL POINTS TO REMEMBER IN THIS ART 223. The law and jurisprudence do not require a MOTION FOR EXECUTION . even if the employee lost and the judgment includes MA he need not post bond because the law only mandates the ER. Prohibited charges on Union Member: after CBA negotiation or conclusion 1. Q Does an employee appealing a J with monetary award have to put up cash or surety bond? No. Nego fees 3. WHAT DOES THIS ARTICLE SAY? Q Whose Decision. NLRC. It becomes ministerial duty of the LA or the Sheriff to issue the same. Q If no appeal within 10 days to the NLRC? F & E. . Award? Labor Arbiter. MANDAMUS. ( Inclusio unios est exclusio alterius). Q What is the recourse if the 10th day falls on a week-end or holiday? On the NEXT WORKING DAY. If representing themselves If representing their org or members thereof. graft and corruption Pure Q of Law Serious Errors of FF How to perfect an appeal if J is with monetary award? Perfect Appeal only if ER put up cash or surety bond accredited by NLRC. 4. 3. 2. 145 SCRA 206) Q Can this 10 day period be extended by motion of a party? No.
(Flexo vs. • Q Employment status restored. NLRC 136 SCRA 669). NLRC 135 SCRA 145. By Lawyer (Uy vs. wages and other benefits of the EE are restored from the date of judgment. but for practical consideration. formal lapse) Respondent-appellant (ER) • • • • File Notice of Appeal and Memorandum of Appeal w/n 10 days Appeal must be verified under oath. (Volkschel vs. BETTER FILE a MOTION FOR EXECUTION to remind the LA. NLRC 136 SCRA 669). (Essential not mere technicality. . If none.g. otherwise the finality of J will be left to the whim of losing party. Fines or Censures Q When does NLRC decide the appeal? Within 20 days from receipt of Answer/Reply/Comment/Opposition by Appellee. Is the SOLE or NLRC limited to Sheriff only for enforcement of DOA? No. WCC 97 SCRA 255).” Q What is the law’s sanction for Frivolous and Dilatory Appeals REASONABLE PENALTY. But delayed payment was allowed in (Del Rosario vs. not fatal as oath was required later (Del Rosario vs. What are the 2 options of employer if J is with reinstatement? To either reinstate him physically or “payrolly. If not verified. NOTES Q For purposes of appeal. from whose receipt shall the 10 day period be reckoned. e. 128 SCRA 403) Q Can miscomputation of period by appellant an excuse? No. J is F & E. Verification under oath must be accompanied by Certification of NonForum Shopping Proof of Payment of Appeal Fee. Verification under oath must be accompanied by Certification of NonForum Shopping Proof of Payment of Appeal Fee. NLRC 98 SCRA 314). from client or from counsel? From counsel. as if no A was filed at all).5 to enforce R. Q Normally the one enforcing execution of J is the Sheriff. Q How to appeal? Complainant-appellant • • • • • File Notice of Appeal and Memorandum of Appeal w/n 10 days Appeal must be verified under oath by the appellant. NLRC. Hence. not from receipt of judgment. the office may deputize law enforcement agencies. Proof of Service of Copy to the other party (Failure. PLDT vs.
(La Tondena Distillers. Bais Steel Corp. An interlocutory order is one issued in between the commencement of action and the end of suit. Oct 9. vs. vs.. Mistake. CA. GR 142689 17 Oct 2002] Q What will be reviewed/examined/treated by the NLRC in the Appeal? Only the issues so raised. immediately executory. CA GR 95296 Feb 6. Nov 24. it is an interlocutory order. DIRECTORY). [Cuevas vs. GR 156067 Aug 11. NLRC 221 SCRA 446). NLRC 117 SCRA 523). (Itogon vs. Duress [Ceniza vs. 1996). 1993] If in the implementation a Modification or Supplement not originally agreed is included (Litton vs. only orders that finally disposes of the case. Hence. Q Is timeliness of appeal mandatory and jurisdictional? Yes. Q If among several parties only one appeals. Hence cannot seek modification or reversal. (Singapore Airlines Ltd. 31-Sep 2 2005. ADMITTED by NLRC on REASONABLE and MERITORIOUS GROUNDS). CA GR 102713. Inc. Aug. GR 109650. vs. CA GR 48120 53 O. Lapanday Holding Corp.. not the NLRC because it will be the RAB who will forward the records on appeal. (But in Commission en banc Discussion in Tagaytay City. 2004). Nov 21. 1994) Q Is LA’s J on Compromise Agreement appealable? No. Other matters in the J not raised on appeal become final. (Bitong vs. (Fuentebella vs. meaning he cannot impugn the correctness of J. Q Is the grant of MD appealable? Yes.G. CA 243 SCRA 143) Q What is the effect of J as to the party who did not appeal? Final as to him. Ponferrada. Neither can he obtain affirmative relief (Kingsize Mfg Corp vs. Inc. (Madrigal Transport. (United Placement Intl vs. 1996) Q Is an interlocutory order of the LA appealable? No. . 3481). NLRC 238 SCRA 349.6 • • Q Proof of Service of Copy to the other party Cash or Surety Bond if there is monetary award Where to file an Appeal of LA’s DOA? With RAB. does his appeal redound to the benefit of the others who did not appeal? No. 292 SCRA 266) Q Is denial of MD appealable? No. because it is a final order that leaves nothing to be done by the court. Exceptions: • • Fraud.
Bais Steel Corp GR 142689 Oct 17. a party instead of filing an appeal.7 Q What is the nature or character of an APPEAL? Not a CONSTITUTIONAL RIGHT but a MERE STATUTORY PRIVILEGE. Was there substantial compliance re APPEAL? Please read. Maxim’s Tea House GR 140853 27 Feb 2003). filed a MR. Key word: Deemed substantial compliance if complies with the requirements of appeal. (Ariel A. . (Cuevas vs. Tres Reyes vs. 2002) Q On the 10th day from receipt of the LA’s Decision. So strict compliance.
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