Professional Documents
Culture Documents
c. Cases arising from the interpretation or implementation of CBA 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.
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The labor arbiter has jurisdiction over the claims of employees against GOCCs if the latter does not
have an original charter and has been incorporated under the Corporation Code.
The labor arbiter and the NLRC have no jurisdiction over claims filed by employees against international
agencies such as IRRI, WHO etc.
Rule-making power
Power to issue compulsory processes
Power to investigate matters and hear disputes within its jurisdiction
Contempt power
Power to issue injunctions and Restraining Orders
public officials of the province or city within which the unlawful acts have been threatened or committed
charged with the duty to protect the complainants property
3. reception at the hearing of the testimony of witnesses with opportunity for cross- examination, in support
of the allegations of the complaint made under oath as well as testimony in opposition thereto
4. a finding of fact of the Commission to the effect that :
a) prohibited or unlawful acts have been threatened and will be committed and will be continued
unless restrained, but no injunction or temporary restraining order shall be issued on account of
any threat, prohibited, or unlawful act, except against the persons, association or organization
making the threat or committing the prohibited or unlawful act or actually authorizing or ratifying
the same after actual knowledge thereof.
b) That substantial and irreparable injury to the complainants property will follow
c) That as to each item of relief to be granted, greater injury will be inflicted upon complainant by the
denial of the relief than will be inflicted upon the defendants by the granting of the relief
d) That complainants has no adequate remedy at law
e) That public officers charged with the duty to protect complainants property are unable or unwilling
to furnish adequate protection.
5. Posting of a bond
In the absence of service of summons or a valid waiver thereof, the hearings and judgment rendered
by the labor arbiter are null and void.
The procedural and substantial requirements of Art 218 (e) must be strictly complied with before an
injunction may issue in a labor dispute.
b. Ask any employee. Laborer, or any person as the case may be for any information or date
concerning any matter or question relative to the object of the investigation
ART. 221. TECHNICAL RULES NOT BINDING AND PRIOR RESORT TO AMICABLE
SETTLEMENT
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An amicable settlement of a labor dispute should be approved by the labor arbiter before whom
the case is pending after being satisfied that it was voluntarily entered by the parties and after having
explained to them the terms and consequences thereof.
PURPOSE: for the employees protection for the labor arbiter before whom the case is pending would be
in a better position than just any labor arbiter to personally determine the voluntariness of the agreement
and certify its validity.
RES JUDICATA applies only to judicial or quasi-judicial proceedings and not to the exercise of
administrative powers.
ONLY lawyers can appear before the NLRC, or any Labor Arbiter,
Moral and exemplary damages and other benefits that employee receives when he is working are
excluded.
This article prohibits the payment of attorneys fees only where the same is effected through forced
contributions from the workers form their own funds as distinguished from the union funds.
CHAPTER III
APPEAL
ART. 223. APPEAL
GROUNDS FOR APPEAL:
1. If there is prima facie evidence of abuse of discretion on the part of the Labor Arbiter or Compulsory
Arbitrator;
2. If the decision, order or award was secured through fraud or coercion, including graft and corruption;
3. If made purely on questions of law;
4. If serious errors in the findings of facts are raised which would cause grave or irreparable damage or
injury to the appellant.
The appeal must be under oath and must state specifically the grounds relied upon and the supporting
arguments.
Where the 10th day falls on a Saturday, Sunday or legal holiday, the appeal may be filed on the next
business day.
Where the employer failed to post a bond to perfect its appeal, the remedy of the employee is not a
petition for mandamus by a motion to dismiss appeal.
The intention of the lawmakers is to make the bond an indispensable requisite for the perfection of an
appeal by the employer.
Tardiness of an appeal form the decision of the labor arbiter may be considered as a mere procedural
lapse.
the decision of the labor arbiter ordering the reinstatement of a dismissed or separated employee shall
immediately executory insofar as the reinstatement aspect is concerned and the posting of an appeal
bond by the employer shall not stay such execution. There is no need for the arbiter to issue a writ of
execution on the reinstatement order as it is self-executory (Pioneer Texturizing Case).
WITH AN ORDER OF
1. He can admit the dismissed employee back to work under the same terms and conditions prevailing
prior to his dismissal or separation or to a substantially equivalent position if the former position is
already filled up.
2. He can reinstate the employee merely in the payroll.
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Failing to exercise any option may be compelled under pain of contempt and the employer may be
made to pay instead the salary of the employee.
A petition for relief from the decision of the labor arbiter must strictly comply with 2
reglementary periods:
1. The petition must be filed within 60 days from knowledge of the judgment; and
2. Within a fixed period of 6 months from entry of such judgment.
- petitions filed beyond said period will no longer be entertained.
appeal by certiorari should be filed with the Court of Appeals(St. Martin Funerals Home)
The decision of the Secretary of Labor, the Commission, the Bureau or Regional Director the Labor
Arbiter, the Med-Arbiter or the Voluntary Arbitrator shall be final and executory after 10 calendar
days from receipt thereof by the parties.
The foregoing may upon its own initiative or on motion of any interested party, issue a writ of
execution on a judgment within 5 years from the date it becomes final and executory.
The immediate execution of judgment should be undertaken only when the monetary award had been
carefully and accurately determined by the NLRC and only after the employer is given the opportunity
to be heard and to raise objections to the computation.
TITLE III
BUREAU OF LABOR RELATIONS
ART. 226 BUREAU OF LABOR RELATIONS
EXCLUSIVE AND ORIGINAL JURISDICTION OF THE BLR:
1. inter- union conflicts
2. intra- union conflicts
3. all disputes, grievances or problems arising from or affecting labor- management relations in all
workplaces whether agricultural or non- agricultural.
Those arising from the implementation or interpretation of collective bargaining agreements which shall
be subject of grievance procedure and/or voluntary arbitration.
INTRA- UNION DISPUTES - includes all disputes or grievances arising from any violation of or
disagreement over any provision of the constitution and by-laws of a union.
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It also includes any violation of the rights and conditions of union membership provided for in the Labor
Code.
INTER- UNION DISPUTES - refers to questions involving or arising out of a representation disputes
between or among the different unions.
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It also includes all other conflicts which legitimate labor, organizations may have against each other
based on any violation of their rights as labor organizations.
since the BLR has the original and exclusive jurisdiction to decide inter alia, all disputes, grievances or
problems arising from or affecting labor-management relations in all workplaces. Necessarily, in the
exercise of this jurisdiction over labor-management relations, the Med-Arbiter has the authority, original
and exclusive, to determine the existence of an employer-employee relationship (MY San Biscuits,
Inc. v Laguesma G.R. No. 9511, 22 April 1991).