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OCTOBER 2 (2nd hour) on the right most column, there are 2 points I would like to point out.

It might not be a grievance if what is involved is not a mandatory subject of bargaining. Even if it is in the CBA and it is obviously a non-mandatory subject of bargaining, it is not a grievance in the sense that you cannot insist that it falls under jurisdiction of the voluntary arbitrator. It might be processed as a grievance but you cannot bring it to the VA if it involves, let us say, a nominate contract under the civil code because the laws dictate that it should be under the original and exclusive jurisdiction of the regular court. Like an option to buy is granted in the CBA. The employer does not comply with that option to buy to grant the EE using that asset. The first craftthat buying that fully depreciated asset. Then the employee raises that as grievance because what that provision in the CBA is not complied with by the employer. you process it as a grievance. The employee invoked VA. This is a MATTER FOR THE COURTS because this involves option to buy. And then..when it comes to DISPUTES CNCERNING INTERPREATION AND IMPLEMENTATION OF CBA PROVISIONS. Suppose it concerns the CBA provisions that is a union security. That is when the 2 procedures have to be really followed. 1st to followed is what is provided for in the law --ARTICLE 291. This is the particular procedure to be followed when the employer can suspend or dismiss. This is the requirement. This is the procedure. So, here is an employer..employee. he is dismissed/expelled by the union. The union goes to management and says-- on the strength of the CBA provision, you must dismiss him also. We expelled him. continued membership is a necessary condition for continued employment. So you must terminate him What is the requirement of the law? Management has to follow this provision. 291 (b). (b) Subject to the constitutional right of workers to security of tenure and their right to be protected against dismissal except for a just and authorized cause without prejudice to the requirement of notice under Article 283 of this Code, the employer shall furnish the worker whose employment is sought to be terminated a written notice containing a statement of the causes for termination and shall afford the latter ample opportunity to be heard and to defend himself with the assistance of his representative if he so desires in accordance with company rules and regulations promulgated pursuant to guidelines set by the Department of Labor and Employment. Any decision taken by the employer shall be without prejudice to the right of the worker to contest the validity or legality of his dismissal by filing a complaint with the regional branch of the

National Labor Relations Commission. The burden of proving that the termination was for a valid or authorized cause shall rest on the employer. AFTER HE HAS BEEN GRANTED THATlet us say the decision is dismissal, then he can invoke the procedure in the grievance machinery of the CBA. He can say, I am raising it __. Then management will have to follow the procedure int eh grievance machinery. Now, if management finds that it is sufficient ground to dismiss him and gives him notice of dismissal, ..remember: 2 notice rule under 291 (b); once 2nd notice is brought can NO LONGER INOVKE VOLUNTARY ARBITRATION. Why? Because of the original and exclusive jurisdiction of the labor arbiter in case of Termination. Terminated naman xa. Dili nana voluntary arbitration. File nana xa ug illegal dismissal complaint with the labor arbiter. But take note ha! HOW IT BEGAN WITH 277 (B) THEN IT MOVED TO GRIEVANCE MAHCINERY AND THEN YOU GO TO LABOR ARBITER because there is already termination that has taken place. 224 (a) subparagraph (2): TERMINATION. Original and exclusive jurisdiction. LET US GO TO 2ND COLUMN FROM THE RIGHT. JURISDICTION 1. Certification election proceedingsin the regional office and registration of unions and cancellation of union registration. 2. Now CBA registration is covered by article 236. It used to be article 231. It is 236 now. 3. Independent local registration of the unionnow covered by 239 instead of 234. 4. Registration by charteringnow covered by 240. 5. Cancellation of registration of unionnow covered by 244. 6. Visitorial power of the secretary with respect to labor unions is found in 280. 7. Actions arising from 241on the rights and conditions of union membership-- It is now 249 instead of 251. (arising from Accounting of union funds and other violations of unions rights)now 232. Intra union dispute. (Art. 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, 8. Petitions for certification elections add this; 267, 268 and 269 267unorganized establishments 268organized establishments 269when it is filed by the employer

after this BLRs Visitorial powers to inspect the unions offices and demand to inspect the books of the union and its documents, its list of members that is found in section 16, chapter 4, book 4, title 7 of the admin code of 1987. The authority is there is LA TONDENA FARMERS UNION V. SECRETARY. 239 SCRA 117, 1994. THESE ARE ALL BLR MATTERS. 1. intra-union disputes 2. election of union officers 3. CBA Registrationwho keeps the copy of the CBAs? the bureau of labor relations. Thats why you keep your CBAs there with them 4. Cancellations cases 5. Organizing/creation independent local and creation of a charter That is provided in 239, 240 and cancellations cases on 244. Alright, we have now covered the 2nd column. 3RD COLUMN FROM THE RIGHT BUREAU OF LABOR RELATIONS ORIGINAL JURISDICITON (232) 1. Federation and national trade union centerswhat are they made up? They are made up of independent unions, federations, national unions, both of which must have at least 10 locals who are exclusive bargaining agents in their own places. To be a federation and national union, you must have 10 locals who are exclusive bargaining agents. If your number of locals who are exclusive bargaining agents will be LOWER THAN 10 do you cease to be a federation? NO. your registration will not be cancelled because the law now specifically provides that there are only 3 grounds fro cancellation of registration. Anomalies in the organizational meeting, formation of union, election and hen 2/3 of members vote to have their registration cancelled in a meeting duly called for the purpose. Those are the only grounds. The first 2 are initiated by the labor arbiter. 3rd ground by the union. a. Registration, revocation and cancellation cases b. Intra union disputes c. Inter union conflicts 4th from the right: POEA What are we talking about here? 1. Recruitment agencies and

2. non-fee charging placement agencies. JURISDICITON OF POEA 1. cancellation/suspension of license of authority to recruit of recruitment agencies (until phase out within 5 years as provided in RA 8042)because they grant licenses. You apply for a license and the same may also be cancelled. It is the SECRETARY OF LABOR who upon hearing with the POEA who can cancel the license. The POEA administrator CAN SUSPEND the license but in the end, it is the SOLE who CAN CANCEL. The POEA Director can grant a license/authority. Remember authority is placement of workers without a fee. Licenseyou can recruit placed workers FOR A FEE. He must be approved by the POEA. If not approved, it is a form of ILLEGAL RECRUITMENT. Thats 10022. It has broadened illegal recruitment. The latter can now be committed even by a LICENSED/ or one possessing AUTHORITY. Its not only the sin of the licensed or fly by night employers but even those with LICENSE can commit illegal recruitment. 2. Disciplinary action of OCWs. Theres a new terminology of OCWs. That has already been superseded by what? By the new law. RA 10022MIGRANT WORKERS. They were influenced by the pinkish organization. Bisag dili kamu-migrate, migrant ka gihapon. There is one thing that is queer about 10022. What is that? It has repeated a provision that has been declared by the supreme court as unconstitutional. What are the penalties of dismissing a migrant worker befor e the termination of his contract is damages by way of collecting the balance , unpaid balance of the Ill read to you section 10 of RA 8042

In case of termination of overseas employment without just, valid or authorized cause as defined by law or contract, the workers shall be entitled to the full reimbursement of his placement fee with interest of twelve percent (12%) per annum, plus his salaries for the unexpired portion of his employment contract or for three (3) months for every year of the unexpired term, whichever is less. THAT PARTICULAR PORTION OF 3 months for every year of the unexpired term or lesser has been declared by SC as INVALID. That is SERRANO V. GALLANT MARITIME SERVICES (2009). Nonetheless, RA 10022 REPEATS THE SAME PROVISION as 8042 which has already been declared invalid by the SC because of whichever is lesser. So a migrant worker now is entitled to he unexpired portion salaries of his contract as a penalty for this illegal dismissal.

Q: If you are asked to compare an ORDINARY illegal dismissal case and a dismissal case of a migrant worker, what is the difference in terms of remedy? In the migrant workers case, there is NO REINSTATEMETN because the labor arbiter that has jurisdiction now of migrant workers termination cases, they CANNOT ENFORCE THE JUDGMENT. Ang imung employer is beyond the jurisdiction of the Philippines. Thats why the law does not contain reinstatement. In lieu of reinstatement, they give you REFUND OF YOU PLACEMETN FEE + 12% Interest per annum + salaries of the unexpired portion in the employment contract. (giingnan nako si Edwin na unsaon man na nimu kung terminated ka didto nga ang nag-place sa imu kay POEA man. Unsa man imung remedy? **POEA does not issue receipts and there are waves of these. ) Thats the equivalent of separation benefits if you cannot be given reinstatement. Remember in the ordinary illegal dismissal, if you cannot be reinstatedyou get the equivalent of separation benefits: - RULE: month (?) for every year of service accruing from the time you were separated up to the time the decision became final - EXCEPTION: If you reach retirement age when case is pending, in which case your separation benefits is only from the time that the right of action accrues (time dismissed) till the time you reached retirement age or when the employer completely closes downfrom time dismissed up to the time the employer is still operating (?) REGIONAL DIRECTOR 129 (ADJUDICIATORY)That remains the same VISITORIAL AND ENFORCEMENT POWERS 128 (amended by DO 131-13)BECAUSE NOW THER ARE NO MORE SURPISE INSTPECITONS. There are no more Visitorial inspections. What is it now? We have sophisticated terms for this. LLCSlabor laws compliance system.

There are now proceedings: 1. joint assessment 2. compliance visit 3. Occupational and health and safety investigation. Those are the 3 things now that are left somewhat involuntary. But with respect to labor standardshumane and just standards conditions of workthat now includes trafficking of minors, slavery, --that is now by joint assessment or compliance visits. The employer, together with the Labor laws compliance officer (LLCO)they meet and they determine of the extent of compliance. If there is something wrongCOMPROMISE. Once an employer has now gone through either Joint assessment or compliance visit or occupational health and safety investigation and receives a certificate, then he is presumed compliant for a period of 2 years. Dili na xa bisitahan, because eh is presumed to be compliant and he receives a certificate of compliance. he will not be visited for at least 2years. The old problems beforesige nalang sila ug issue of writ of execution. Sige sila execute sa ilang judgment. Magkamali pa. Daghan sheriff napriso ana. That is the problem with respect to which this particular DO 131-13 .. ADJUDICATORY It must be a PURELY MONEY CLAIMS COMPLAITN without any prayer of reinstatement. o The moment there is a prayer for reinstatement, the regional director will have to indorse it to the labor arbiter because it becomes a TERMINATION DISPUTE and the monetary claims is just considered as incidental. Remember, magkuyog gani ang dismissal and money claims complaint the amount of the money claims is IMMATEIRAL because it is just an incident o the main cause of action which is termination. Where shall it go? LABOR ABITER because of 224. The regional director of labor is acting as quasi-judicial body like the labor arbiter. It is only ADJUDICATORY. What does that mean?

o The decision of the Regional director in this instance is not appealed to the SOLE. Where is it appealed? To the NLRC. o Whereas, in the Visitorial powers, the decision is appealed to the SOLE (before) , now it is now resolved by compromise. o In the exercise of adjudicatory powers of money claims jurisdictional amount is MUST NOT BE MORE THAN 5,000 INDIVIDUAL AGGREGATE CLAIM of domestics, kasambahay, commercial, industrial, agricultural workers. LABOR ARBITER (224) (a) 1. ULP224 (a) (1) a. Must all ULP land with the labor arbiter? If not, what are the exceptions? i. If the parties agree to submit the controversy so Voluntary Arbitration, then it becomes the PERMISSIVE jurisdiction of the labor arbiter. What is the legal effect of that? When you do that, you WAIVE THE CRIMINAL ASPECT of the ULP case. The voluntary arbitrator will decide on the issues that constitute ULP but there will no __on the criminal. Usually, it bears on the monetary aspect of the ULP. 1. Lets say union leaders were dismissed. Strike sila. Then secretary assumes jurisdiction and they say, okay. we will go to the voluntary arbitrator with respect to this aspect of dismissal.NO MORE. Its not unfair labor practice anymore. Naistoryahan na man na. Whether or not it was a correct dismissal, ..if its not correct, then reinstatement, or if he cannot be reinstated, then separation benefits because It is an ORDINARY illegal dismissal. b. another part of ULP is VIOLATION OF THE CBA i. There is only one kind of violation of the CBA can be unfair labor practicewhen the violation of the CBA involves economic provisions and the violation is gross. Gross when it is flagrant, refusal to comply with the economic provisions. 1. So if there is a question of interpretation in the economic provision, it cannot be a ULP.

2. If there are ambiguous provisions, open to interpretation of not just one crimeit cannot be an unfair labor practice. 2. TERMINATION CASES a. Wa xa gitagaaan ug trabaho pero dili lang gihapon na xa terminationwhat is that? Can that happen? Read the case of COMMANDO SECURITY V. NLRC--A contract worker who is not given an assignment is not dismissed if it __for 6 moths. The contractor is given a leeway. Mangita xa ug contract nga ma-place niya ang security guard. 6 motnhs is now considered a termination. b. Suspension of operations of a particular factory for 6 months is NOT TERMINATION. c. Nasunog ang gaisano mall. Ang sales girl kay naglaroy2x na. they file illegal dismissal kay wala naman sila sweldohan. Ana ang gaisano, walay sweldo kay wala na man tindahan, wala na mo tinduganONCE IT REOPENS, then you can go back there. But if you do not reopen after 6 months, NOW YOU CAN ASK FOR SEPARAITON BENEFITS because you were terminated not because of culpable cause but __. Then gaisano says, serious loss ang nahitabo! Tanawa ning mga litrato, perting sunuga. Dili ban a loss? DILI NA LOSS. What is accepted measure is an AUDITED FINANCIAL STATEMENT. That is not an evidence of loss. Why is it important for you to present that? Under the termination provisions, when an employer suffers serious loss, he is no longer obliged to pay separation benefits. What is the remedy of the employee? Article 110. WORKER PREFRENCE IN THE ASSETS OF THE EMPLOYER in case of bankruptcy. What does it cover? ALL EMPLOEYRS that have gone through the in rem proceeding of INSOLVENCY under the FRIA law. Unles syou have been declared as insolvent, this does not apply. Second, the property directly claimed by the workers must be free from encumbrance. If its already the subject of a mortgage, therefore, tit is already encumbered. It is a security of a loan. So, the creditor to whom it is now due has already fist preference over it. Then, what is the other requirement? It covers only wages and benefits, unpaid wages and benefits. It does not cover any other claims. What are the claims? Suppose there was a provident fund that to which the employer made such contributions and the employer made

some _. Can you run after the employer? Claiming 110 on worker preference over a particular free property of employer? YOU CANNOT because it does not cover unpaid wages or benefit! UNPAID WAGES AND MONETARY CLAIMS dapat. 3. ENFORCEMENT OF LABOR STANDARDS WITH CLAIM EXCEEDING P5,000 per individual, whether or not accompanied with claim for reinstatement. We will continue.