Enjoin __ ____ strike of order that the workers on strike

lockout.

already should go back to work. Who can do that? The

arbitration. When the Secretary certifies thatbfor compusory

The

Secretary

certifies

that

for

compulsory

Secretary of Labor and Employment. That is what is known

arbitration, where will it go? It will go to the NLRC. That is

in our jurisdiction as "AJ," on assumption of jurisdiction,

the 2nd instance where the NLRC has original jurisdiction.

where the Secretary Labor and Employment assumes

But that is concurrent to the jurisdiction also of the

jurisdiction over a labor dispute. That's the power of the

Secretary of Labor and Employment because the Secretary

Secretary of Labor and Employment.

may also assuke jurisdiction and say "Okay. Bring the

matter to me. I will decide it." But both will have the same

Circumstances that the Secretary of Labor and Employment

effect that the strike is automatically enjoined; and workers

shall assume jurisdiction:

will have to return to their work. Kung lockout (temporary

(1) if industry is indispensable to national interest, or

refusal to furnish work) siya, an option available for the

(2) in the case of establishments rendering essential

management, kumbaga they will not allow the workers to

services, such as hospitals

work. But then again, the effect is the same when the
Secretary assumes jurisdiction. The lockout is also enjoined.

When the workers of the hospitals go on strike, the

Management will start furnishing work to the workers. Why

Secretary shall assume jurisdiction.

did I explained that? Because we want to clarify the

jurisdiction of the NLRC. As I said, by and large, the

Air Traffic Controller -- statutorily prohibited from going on

jurisdiction is appellate.

strike. But in other jurisdiction, they may go on strike. If Air

Traffic Controllers go on strike, the Secretary shall assume

There are only 2 instances when which the Commission has

jurisdiction within 24 hours unless who will be manning the

original jurisdiction:

(di ko naintindihan).

(1) injunction cases, and

(2) certified cases -- cases arising from a strike or lockout

These are the 2 instances which the Secretary may/shall

where the Secretary said, "go back to work and resolve that

assume jurisdiction. Why am I explaining this? Because the

issue with the NLRC."

Secretary has 2 options when he/she assumes jurisdiction.

What will the Secretary do? Either he will decide the case,

But, as I said, everything is appellate, if you look at the

thus the term "assumption of jurisdiction," or he will certify

provisions of the Labor Code.

the case for compulsory arbitration because a strike is

actually a dispute. The strike can last for a long period time

Can the regular court enjoin the decision of the NLRC, or

and if the industry is indispensable to national interest,

even the Labor Arbiter? No. The general rule, of course, is if

example... Saging, kasi the company is losing several

it will... because the... well... a petition for review may, of

billions because of the strike, etc., etc. Ano pa? Ang dami

course, be filed, but the petition for review is only available

noh? Mga coconut manufacturing company. Even in the ___,

if there is no other plain, simple and (? 9:17) remedy under

the Secretary of Labor and Employment assume jurisdiction

the force of law. If there is grave abuse of discretion

over the labor dispute in Triumph Philippines, underscoring

amounting to lack or excess in jurisdiction, is the remedy

the fact that underwear is a matter of national interest.

always petition for review on certiorari? No, because there

are still other remedies available for you. A petition for

Why am I telling you this? Because the bottomline of this

review

discussion is that the Secretary has 2 options, either to

administrative remedies. So, the regular courts can only

is

dismissable always

if you

fail

to exhaust

decide the case or to certify it for compulsory arbitration --

enjoin decisions purely on the ground of abuse of discretion.

bring your cases to the NLRC and arbitrate them. It was

At what particular circumstance would a regular court enjoin

asked in the 2013 Bar. Can the Secretary (not the

decisions of the Labor Arbiter, NLRC? Only when it

assumption because all ___ labor relations would know that

prejudices or it will have prejudice involving innocent third

the Secretary can assume jurisdiction over a labor dispute)

party. For example, in the execution (decisions of the Labor

actually front(?) a CBA and make that one as the CBA of the

Arbiter subject to execution -- when the Labor Arbiter

parties, between the management and the workers? That is

executes the order tapos ang sheriff levy on execution to a

a natural offshoot to an assumption of jurisdiction. Why? If a

property of a third person), the regular courts can enjoin the

labor dispute is based on a bargaining deadlock, they

execution because of probably a valid third party claim. If

cannot agree anymore on something. What will the

the execution will not proceed, probably it will go the Labor

Secretary do? Decide on the deadlock, obviously. When the

Arbiter or to a regular court. It doesn't matter. The

deadlock is decided, the effect is that there is a CBA that

bottomline is there will always be an available remedy with

will come out resolving the deadlock. In the same manner,

respect to rights of third persons that may be prejudiced.

the labor arbiter, the Commision, may also come up with a

CBA. It is a certified case -- one that arises from the strike or

LABOR RELATIONS (4) PRELIM

Now, under the rules, under the 2011 rules, a writ of

execution is now valid for 5 years. So, now, there is no need

enforcement of compromise settlements, declaration of

to issue alias writs. In the past, of course, the writs of

employee-employer relation, declaration of regular status of

execution is 5 or 6... 60 days. Now, writs of execution expire

employment, among other controversies. (nasa art 217...

in 5 years. So, execution can continue until such time na

Alam mo na yan baby labs :*)

may pera, makahanap ka talaga ng pera. Under the Labor

Standards, of course, 60 days pa rin ang enforcement/life

Kung wala na moy mahunahunaan na lain, it probably would

ng writ. Sa NLRC, 5 years na. Of course, there is no limit for

have to fall within the jurisdiction of the Labor Arbiter

the issuance of an alias writ, except if it exceeds 5 years. If

because the Labor Arbiter is our court for labor. It is the

it exceeds 5 years and not executed, the remedy is to file

lowest court in terms of labor. NLRC is our labor court. The

another motion. It cannot be done moto propio anymore.

NLRC has appellate jurisdiction, except for instances:

(12:50)

certification cases and injunction cases.

(12:50 -15:04) nangita ug marker... :) i-summarize daw niya

Art. 226

ang jurisdiction. No 3 and 6 in the context of 128 and 129)

What is the nature of controversy? Inter-union and Intraunion conflicts. Kinsa naay jurisdiction? The BLR, or the

Ang mga jurisdictions sa labor. Sa DOLE proper: RD, LA,

Labor Relations division in the regional office -- that unit no

SOLE, BLR director. Sa NLRC: LA, the NLRC. Sa NCMB, has

longer exist as of the moment. Under the Labor organization

no adjudicatory power, whatsoever. The job of thd NCMB is

of the Department of Labor, the Labor Relations division is

precisely CM (Conciliation and Mediation) pero ang VA walay

non existent anymore. Who has jurisdiction over inter- and

jurisdiction. Jurisdiction of the VA: (1)implementation and

intra-union dispute? It is the MA. Who is the MA? The

interpretation of the CBA provisions, (2)implementation and

mediator arbiter. Who is this in the regional office? Of

enforcement of company policies, (3)wage distortion in

course, there are also MAs in the Bureau, but inter- and

organized

intra-union

establishment,

and

(4)all

other

disputes

disputes,

when

they

involve

unions,

not

submitted for voluntary arbitration. Under NCMB, accredited

federations, unions only at the enterprise level, is actually

ang voluntary arbitrator. The voluntary arbitrator may have

recognizable by the MA. That jurisdiction is also shared by

jurisdiction of all labor disputes subject only to one

the Regional Director. Somewhere here is the Secretary of

condition that the parties agreed to submit it to VA. Where

Labor and Employment. What is the nature of the case?

does compulsory arbitration happen? NLRC, either regular

Inter- and intra-union dispute by way of review. We are not

arbitration rush through the Labor Arbiter (tama ba akong

talking

pagkadungog? 23:14) Naa diha ang compusory arbitration.

enforcement of labor standards or small money claims. Who

Voluntary arbitration happens through the VA, who are not

has jurisdiction over this? It is the Regional Director. Appeal

necessarily lawyers, but many of them are lawyers and they

in Labor standards cases? Cases decided based on the

are paid of their services. The VAs resolve cases submitted

enforcement power under Art. 128? The Secretary of Labor

to him based on the agreement of the parties. The duty is to

and Employment. Small money claims, asa muappeal?

select your own judge. The VA may only decide on the issue

NLRC. Where did the case emanate? From the Regional

where the parties cannot agree on.

Director of the DoLE. The Regional Director of DoLE has

about

labor

relations,

labor

standards

cases,

original jurisdiction over labor standards cases, and small

Tapos

sa

overseas

be

(1)POEA:

money claims, but appellate goes to Secretary in the

recruitment

including

enforcement of labor standards, and with respect to small

cancellation of license and authority of the recruitment

money claims, it goes to the NLRC. Of course, almost (di ko

agencies (displinary actions regarding recruiters which is

na maintindihan). Notice and file(? 32:15) appeal ang imong

administrative in character), disciplinary actions for OFWs

claim is less than 2000 pesos. But in interpreting the

for

provisions of the law, that is common sense(?).

administrative

recruitment

cases

misbehavior,

involving

illegal

would

recruiment

with

respect

to

preliminary investigation in establishing probable cause but

never to prosecute, (2)LA: money claims arising out of

What is the nature lf the dispute according to Art. 226?

overseas employment regardless of amount, (3)regular

Inter- and Intra-union dispute. Inter-union involes 2 unions.

courts: illegal recruitment.

Intra-union involes conflict within the union, president

versus the vice president, members versus the president,

NLRC. We discussed the jurisdiction of the Labor Arbiter.

etc. Where can we read the enumeration in terms of what

Almost all original jurisdiction related to Art. 217: unfair

are inter- or intra-union disputes and other related labor

labor

for

disputes? Rule 11, Section 1, DO 40-03, series of 2003, as

5000php,

amended (naa sa likod sa book). All of these (the

practices,

reinstatement,
damages,

termination
money

legality

of

claims
strike,

disputes

with

even

below

with

or

claim

without

labor

enumeration) is recognizable by the mediator arbiter.

reinstatement, amount exceeds 5000, ofw claims, money

claims, wage distortion in an organized establishment,

LABOR RELATIONS (4) PRELIM

Except for letter B of item B, cancellation of registration of

unions and/or associations filed by etc. If cancellation (of

union registration) case, who has jurisdiction? It is the
Regional Director because he is the one who issues the
certificate of registration. All others (in the enumeration)
will fall under the jurisdiction of the mediator arbiter.
Case: Management is ready to terminate the employment of
the person by reason of expulsion from union membership,
pwede diay na? Can he be terminated because he was
expelled from membership of the union? Pwede under the
close shop agreement. So, the employee filed an illegal
expusion case. Asa siya muadto? He has to go to the med
arbiter. If the expulsion actually proceeded the termination,
the med arbiter loses jurisdiction and the controversy
becomes a case of termination dispute. It will now fall under
the jurisdiction of the Labor Arbiter. Since the expulsion did
not proceed yet to the termination, even it is a close shop
agreement (membership in the union is a condition sine qua
non to employment or continued employment). Under the
rules, the management is under oblgation to examine the
validity of the expulsion, even the jurisprudence is telling us
that. But if the expulsion is in fact valid, nganong under
obligation man? To comply with what had been agreed upon
the CBA, thus, will lead to terminate the employment of the
worker. Pero wala pa nakareceive at that point, nifile na ang
worker ug expulsion case sa Mediation Arbiter. If my
memory serves me right, I think I ruled in favor of the
worker then based on the ground of denial of due process.
But it will resort to the med arbiter ruling on the nullity of
the registration that was issued by the Regional Director.
Since the Regional Director has the power to register,
rightfully so, the power to cancel it is also with the Regional
Director. All others in the enumeration fall within the
jurisdiction of the MA.
Inter and Intra-union -- controversies within the union or
between unions.
Did you remember my illustration related to organization?
Anong kasunod nun? Representation and then Collective
Bargaining. Magorganize sa sila ug union, then they will
decide which of the 2 unions will represent the workers in
collective bargaining. There are authors including J. Chan,
according to Chan, representation cases have inter-union
dispute because it involves unions to represent the workers
in collective bargaining. I do not agree. Why? Because the
certification election may not always involve 2 unions. It can
be a choice between union ond no union. It's not interunion. It's not intra-union. It's a certification election. It's a
representation case. Otherwise, if it is an inter- or intraunion dispute, the decision of the med arbiter is actually
appealable to the BLR. But a certification election, a case
related to representation, from the med arbiter goes directly
to the SoLE.

LABOR RELATIONS (4) PRELIM