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Report in Problem Areas in Legal Ethics
Report in Problem Areas in Legal Ethics
which exercises
jurisdiction over Labor
cases
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.
NLRC
What are the two kinds of
jurisdiction of the NLRC?
Original jurisdiction; and
Exclusive appellate jurisdiction.
Original jurisdiction
Injunction 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 or
irreparable damage to any party.
Injunction in strikes or lockouts under
Article 264 of the Labor Code.
BLR/LRD
The BLR has original and exclusive
jurisdiction over the following:
on all inter-union and intra-union
conflicts, and all disputes, grievances or
problems arising from or affecting labormanagement 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.
REGIONAL DIRECTOR
Under Article 129, the Regional Director
or any of the duly authorized hearing
officers of DOLE have jurisdiction over
claims for recovery of wages, simple
money claims and other benefits,
provided that:
the claim must arise from employeremployee relationship;
the claimant does not seek reinstatement;
and
the aggregate money claim of each
employee does not exceed P5,000.00
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.
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 after exhaustion of the
grievance procedure; and
SECRETARY OF LABOR
AND EMPLOYMENT
When may the Secretary of DOLE
assume jurisdiction of a labor dispute
and what are its effects?
When, in his opinion, the labor dispute may
cause or is likely to cause a strike or lockout in an industry indispensable to the
national interest. Such assumption shall
automatically enjoin all intended or
impending strikes or lock-outs or, if one
has already taken place, it shall require all
striking or locked out employees to return
to work on pain of dismissal.
END