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    26 views58 pages

    Part II and III - Poquiz

    Uploaded by

    User 010897020197

    Copyright:

    © All Rights Reserved
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    of 58
    THLE Ill LABOR RELATIONS BUREAU OF oid ats thor an Bo. ‘te regional offices of OT yg exclusive authority to act, at ural except those non-agricultural ooo coletve bargaining agreements a ape the subject of grievance procedure and/or Joluntary arbitration. jing days to act “The Bureau shall have Aiteen (15) working days on labor eaves heloe it subject to extension by agreement, ofthe partis. NOTES AND COMMENTS 1. Concurrent origina and exclusive jurisdiction ofthe BLR and LRD ofthe Regional Offce ‘The Butea of Labor Relations and the Labor Relations Discos in the Regional Ofer of te DOLE shall have concurrent rigs and exclusive author to ac, at their own inititive oF ‘pon equest ther er bth parti, on the followings (0) liner anion confit (0) linr-unioncoficts and 1 disputes or problems arising from or affecting Iaboemanagenentrelatina i SPRING nite i workplace ape hone entation or intrpretation of CBAS ana BUREAU OF LABOR LATIONS which shall be the subject. voluntary arbieatin St % evan prondure andor Concurrent admin 2 Gencurent administrative unctons of he BLR andthe LRD ‘The Bureau of Labor Relaons and the Labor Relations sion in the Regional Otices of the DOLE have conernat sake {rave authority on the following ates (@)_ Registration of labor union (©) Keoping of registry of labor unions (0 Keoping a file of al CBAs 3. Decisions appeslale tothe BLR ‘The Decisions ofthe Labor Relations Divisions inthe Regional Ofices of the Department of Labor and Employment denying the registration of labor unions are appealable by the applicant union tothe BLR within ten (10) dave fom mewipt of neti there (Art 1243, Labor Code) ‘The Decisions of Med Arbiters in intraunion disputes are also appealable to the BLR (Se. 1/), Rule 11, NCMB Mono! of ‘Procedures for Conciliation and Preventive Mediation Case) However, under Art. 272 ofthe Labor Cod, the decisions of the Med-Arbier in interunion dipston (certification elections) fare not appealable tothe BLR but to the Secretary of Labor and Employment 4. Intersunion or intra-unionsisputes [An Sinterunion dispute” or “repreenttion dispute” refers to ‘ease involving position fr corieatin election filed by a duly egintored labor organization which is seeking to be recognized othe aole and exclusive bargining agent ofthe rankeand. ile Cmployen or saperisary emplvees. asthe case may be the mapany, Ket of establishment fpproprinte bargaining unit of « comps nent (See 19), Rute UH, NMB Manual of Procedure for Conc land Preventive Mediation Cases) 1 abo refers to any confit between and among legitimate tation questions for purposes of labor unions involving epee pupae of aa ermining orto anyother cont or dipute betwee mia eng vox DENISA i Bok V, Rules to Implement i Hag, Sores of 2008) ‘internal union ator union deste oromended| Iie Labor Coe ee ae ana an ai ont etn ha ens aa te easing fom any at nen es, ine ‘ioltion of ‘er tmong en meni tee mer ation of ‘olan the gis a ote union's constitution ar ain ft proian o nof@union ‘harterin easing Om ‘ase involving the bylaws or ds tod) I efor (Soe 1) Be 1 Bok Vi) estate uly rman anc tine we Se, 18). Rule HL, NCMB ibe unio one id Preventive Mediation Manual of Procedures ae seine ran siti of the contction and by laws Asomplaot fs obtpne of union memberabip under Art. 250) apd he ee cy te fed in the Regional Office where the be ote. : fhe Lat ok kV esto Implement the Tabor Coe) Scope and coverage of interunion and intra-union disputes Tier-union disputes ince the following: (@)_Vabiyfinvality of SEBA, certification election, consent elation, una eeton or re-run election (&) Sach ether daputes or confit involving the rights to.slfeegniitn, onion membership and collective bargain tngbetneen andamon logtimate labor organizations (0.0.40. (8 srs 2008; DO. 40-115 series of 2015) tion and by or Conciliation on 54 Inte-unoneisputs include he folowing: (@) Conductor mulifetion of election of officers of non and worker ast (Au scans camino nino workers association funds, : ia (© Deaton lie breining green Vtieiy tun ation or dni: an BUREAU OF LaBow (©) Validtyinvataiy union momar Arai of aceptannonaceptance for tration, PPOstON 10 application for union or CBA rei (Violations otra , or disureements over any provision in stitution and by-laws of «union or workers association m) Disagrocments over chartering or registration of labor organizations and cllctive bargining asrteeents (9 _Viation oh ight nd end ‘ip na won were nin nase ee ©) _ Violations of the rights of letimate labor organiza. tons, except interpretation of CBAs pension or any disciplinary action noted ugninst any acer ad -member, including thore arising from non-compliance wi re portaral requirement. () Such ather disputes or const involving the rights to selforganiatio, union membership and collective bargain. ing between and among lestimate lar organizations (Ibid). 5.2. Meaning of "related labor relations disputes; coverage "Related labor relations dispute” refers to any confit etween ‘labor union and the employer or any individuals entity or group that is not'n Inbor union or workers” association: I covers the follwing: Any conic between: (0) labor union and the employer: oF (2) a labor union and a group that is not # labor ‘ongaization: oF (@) a labor union and an individual who is not member of such union: Canalo of gist fin nd workers i filed by individuals other than its members, or a iabor organization und froup that i ot xprawoN DSMISSNL AN, 232 4A ptiin forint ating MDOT relation, “oF ‘mn (00. 40F-03 res of soa posedingbot by party guint Introd re caning clins, compelling the fang termes thei espective ne party s0 Bling rom suite Se ee Tee ca ncn 6. Origine! and exclusive jurisdiction ofthe Mec-Arbiters “The cave falling under the original and exclusive jurisdiction of he Med: Arbiter are allows (a) Tnternion disputes alo known a8 representations certieation election cont (&)Inessaion disputes (6) Other elated labor relations disputes; and (a Contempt cases (D0. 40-085:2008; DO. 40. (035.2008; Bok U Rules imloment PD, 442, 7. Original and exclusive jursdetion of the DOLE Regional Directors ‘The casos fling under the original and exclusive jurisdiction of the DOLE Regional Directors are a fllows (@)_ Patios for cancellation of rgistraton of indepen lent unions, eal chapters nd workers association (0) Paitins for deregistation of CBAs; (Ibid) (©) Request for amination of back of aeeounts of said labor organisations, 1s ete tat rial jardin oer complains for ‘aminatis f wen act i ated in the Regina Dice And apate usiion vr densa ee {Be Ll Son lhe atten ln espera Med Anite orga and xs uradcdon ee ae {ater alia al oer inter-nion or internal union dapates Serta often le ates i rm deste Med. ites al ‘be appealuble to the DOLE Seeretary La Tonden, ‘Chia Se of Labor GMa 1S ember anges are Uo — ann BUREAU OF LABOR RntaTons (2), Certraicts and ptoos nvaing th Megaman reget fer ee mgt unions. trade union centers aad tee affiliates and member oneneat . ssi labor oemitation adortins saeta aeee tunlons and trade union centers) under Arc 280 of the Lakes Aid Iabor nga ons national unions, ndurey unions and ne rand " : Contemp cases, 1 was angued itis the Regional Disco ofthe DOLE and not the BLE that has jurisdiction ver introanion dpe invleing federations which, in this eace, pertsne to the chetion protests in connection with the election the ofcers of the federation (Federation of ree Workers (FEW), In finding no ment at petitioner’ contention, the Supreme Cour rule that Ar. 2829 the {Labor Code clearly provides that he BLR an the Regions Directors of DOLE. have concurrent jurisdiction oer inteunion and intra ‘union dispotes. Such dapat sade the conduct oe nuliestion of | lection af union and workers association ofier There i thm no Aoubt as to the BLR' jurstieian over the nstane spate invlsing Imembernions ef frie arin fe sen ut the provisions of the federations copetttion and bylaws (At ‘Monta. Aty. Vereen, OR. No. 16588, 2 Jly 2010). 8. Cases fang under the appelatejristton ofthe BUR Director ‘The HLR Dict nies xi ape rion verte lowing cae : wins of the Meiers tt pe heer (2) other related labor relation disputes, eon presentation /erifctin election erin Bc ut dst oxpisissal Aran from the DOLE Regional (er orginal jurisdiction, ine seeing ne ATs Pitino isis site’ decalon In vonasicton ovr MEAT "econo “aincation election aisPUt aes peal in certification election ve the rls 092 ‘The flowing are the ighments and that of organized s are uc certiication election i an eerie Zl he petition within ten (10) days from receipt ce a ental (0. 40-708, series of 2008) ued establishments ~ The fb) Rule on appeal in organ sre RE onduct of certication election jn order res ctnhment ad the deision dismissing or 4 oan un may be appealed tothe DOLE Secretary SSEEE rob ae mre thereat bid) 11. Rules on appeal rom decisions of the BLR Director “The Rules ae as flows a) Decisions in caves cognizable by the BLR Director in the tagrese of is orginal and exchsive jurisdiction are potest the DOLE Secretary. The decision rendered Tithe DOLE Sereary in is appellate jurisdiction may be leva athe Cour of Appeal by way of Rle 65 petition for (©) Decishns in cases engrtable by the Med-Arbiters ‘in their orignal and exclusive jurisdiction are appealable to the BLE Director with the ception af dedsios in ertfieation lectin or interanion disputes which are directly appeal ble the DOLE Seretary under Art. 272 ofthe Labae Code (©)_ Decisions incase cognizable by ional eizabe by the DOLE Regional Directors in their original and exclusive juriadietion, are ‘ppealtle othe HL Director. juridietion may be ole ——= HURRAY op OF LADOR RELA is settled the de itera erat 8 ed directly to tho Cour of Appeals by way (©) Reristeation of abr unions ©) Reig of eat ator ions (© Maintenance and estat ofthe leo Caletive Bargaining Asreomens (CBAs anf oer ised pees (@) Records of sete fhe tr dot ad (©) Copies of orders and dei tore aes a eco Vaan ie ules on appeal trom denial of application for registvation sppiation for ‘and cancellation of registation ofthe aber organizations, ‘The following are the pertinent rule: (®) On denial of application for union registration: (2) Ihe denial is made by the Regional ofce in cases involving application for reisieation of independent ona, Tool chapters and worker associations the sane may Be ‘appealed to the BLR Director ce (2) If the denial is made by the BLR Director in case involving federations, national unions, industry unions aad tarde union enters the same ie appelable to the DOLE. Secretary (210.408: 2008: DO. 9, May 1987) () On sevoeationor canes {on of wnion registration: (1). fee dessin ieeatere by the Regional Director — ‘Tho daca of the Reg Drctor i the case over which be thes cena jurttiton may be appealed to the BLE Director Peers parics within eh (10 days rom receipe thera, ‘apy farmished the opposing pasty (td the BLR Director. — The {@) At decision ix rendered by th deca) iC tne DLE Dslr, the eerie of his enginal sopiawos IMIS AN ip avon atarigss ANDEAN to the DOLE Seoretary by any sors, as be appealed 19% "copy furnished the tas cea Neto, GR No 129426, 10 March 1999) 14, Rules on appeal on CBA registration {a intace of appeal nvaving the denial of CBA ‘Thee ae ete: I ca The deals he Roa De ee drm oe (®) Multiemployer CBAs, ~ The denial by the BLR Direc of the repstration of multiemplayer CBAs may be ppoale tothe DOLE Secretary also within ten (10) days fom, eccpt ofthe ntie of denial id) Is settle the DOLE Seeretary may legally assume jurisdic sion ovr an appeal rom he decision ofthe DOLE Regional Director ‘Che BLE Director ibis himself from the ease. In the absence of he BLE Director. thee is no person more competent to resolve ‘the appeal than the DOLE Secretary. When the DOLE Secretary ‘esalved the appeal, he performed function that the BLE Director ‘oul not himeef perform. He ai so pursuant to his power of su bervison and ental over the Bure of Labor Relations (Heritage Fel Mart Unone Woherin ie ae eo No 17 12 January 2011). mal 15. Venue of complaints involving independent unions, local chapters or workers associations, co liso ptns invaing Ihren wi dent reste, al chap” weer asaya ints 8 ror dite prevention acy APE NCME Monat of Procedures a tive Mediation Cases) jon functions are a7, The NOMB, The word 1 paren es aor snl Sopa emt Se Ftd pet Co Te, NCa_ win and ict yt onl vn in Seon a dinar rferto an fcr tthe NCMB whose "ameter een i eas irene ntti arte os ome by DLO. 40, seres of 209). 38, Conclation or mediation, defined “Conciliation” or “mediation” ia a process whereby a third pron unl called Coneiator ot Mediator, intervenes ina pute ling to o more eoieting parties forthe purpose of ‘ernsing their irene persuading them into adjusting or ‘Sting ther dinpute The Copeilator or Mediatae normally does not "alec ener any decison, his role being confined tothe functions ore described 40. surscction over conelation, mediation and voluntary arbi tration cases Cases arising trom the implementation of interpretation of callestive bargaining agreements that are the subject of subjoct of grievance procedure andlor voluntary aritration are cognieable by the NEM. pave BUREAU OP Lason na, Under See. 22 of 0, amended by See dof 125 Proms on 30 Janu the NCMB, the cmetiguss Raed n 3st a oe ae functions ofthe Brae uf eyeiatin NEMB. Labor Relat and voluntary abitration ns wereall abet by the 41. Composition of the Nowe ‘The NCMB is composed Deputy Administrators whe she 1 Administra trator and vwo (2) be appointed by the President ary of Labor and Employment tapan recommendation of the Sen Concliators Mediators ‘operation. Each branchot th Coneiliator Mediator shall ‘be te ball be necessary for ite. elective »e NCMB salle headed yan Executive 42, Functions ofthe NCMB, ‘The NCMB shall have the following functions: dared ggFermlnte elicis, programs, standards, proce lures, manuals of operation and guidelines pertaining tothe ‘fective mediation and cnclation of labor disputes, @) Perform preventive mediation and conciliation Funetions (Coordinate and maintain Linkages with thor sectors or institutions and other government hors concerned th matters relative othe prevention and setlement of labor Slept: (Formulate policies, plans, programs, standards, procedures, mamils operon ad gules pertanig {o the promotion of eaperative and non-adversarial schemes, fiovanee handling, ouatary arbitration and other voluntary mors of dputes setements aos DISMISSAL Ara eo courtesy ang ie ee tgand dons Adniniatet oA soainiin 2 nie bite tive media sd eve ion provide cet, SS atation of aleve 1 arcculariy in the omer technieal s0pervision over the moran ain apr ition oe th seu pees ie leet : and sy Pato auch other ations as may Be provided by (o) Pestonm ‘Labor and Employment the Secretary law or assigned by ‘ex concept of “preventive mediation” a5 a mode of amicable setlorent Pes bin a ral ee seg on nace ht BY eer or oth a ae NCD net 3 ete ng recente Mediation Case) Procedure in prevantive mediation Provetive mediation shall take pace in three (3) stages: (a). First step By Sing matic o request of proventive mediation (@) Second step By entering into a submission sgreement tetmoen the parties (©)_Thirdstep By converting the notice of strikelockout ‘nua preventive modiation care which mut be dane before the colng-al period expres o before the union conducts strike ‘ting Rule 1V, NCMP Manual of Procedure: Insular Hotel Emplunes Union NBL. Waterfront Insular Hotel Davao, GR. Nos. 1740404122 September 2010) " 44 Notice or request or att o request or proventive mediation; effect of conver otis pein mbit e 1 aig in es th ice ed iter Sy amen rd reste ie a in he OLE informing the tater them or preventive ett stm te aentetmcen ted for preventive meat 204 onli eee ewes tet ‘ther be srikeabie or now are: conversions deemed to have mY a valid strike and therefore il SNe during a Pendency of prev _ ‘oul be legally declared PALw SOLE. Git Ne ste 1991). i ” In caso of non-strikeable issues raised in «notice of strike! lockout, the NCMB may motu propria, conver the setae inte preventive modiation cate, Altermatively, it may refer said ious to voluntary arbitration, if they are inthe nature of unresolved srievances or to the Med-Arbite, if they invulve representation Ot {nter-union disputes. 45. Duties ofthe NCMB in case of negotiation deadlock Tn case the isues in the colative barging process are not settled by the partes emong themselves, any of the parties may declare a dendlock in the negotiation. Once theresa deadlock, the law directs the NCMB to intervene ether 1, Motu proprio (at its ow initiative) or 2 Upon request of management ot 8, Upon request ofthe union; or 4. Upon the joint request of management and the "The NCMB shall immediatly call the parties to conciliation meetings (Art. 261), Labor Coe) DISMISSAL An ase arose 01408 = hie aor BF peace 46, nuance of compton PON cy Fer act ot dum — regi the seca pre mes etively in god faith, ayes are . tneetings As prt of eif SOT union to participate fully i he a of a ings called by the NCMB, ad prompts i te ene fre the NCMBB the parteg Daring the concn any act which may disrupt oF impede the ze prohie er te abo Ggpute (AM 2610, ibid) to nae subpar ary etelement of 42. Praga communication racers exons ae ot contin orecetings on ate emanation and shal tbe ed Se ad mar fas an not allowed to ene, Conet ering any tre Ke. a the seh i yr ded ty the (Art 209, bao Se tutto implemen the Labor Code ce Saath Da tos rin of 209) The dct of priest ommuniation applies alo to eee Sater heer and Comminoners ofthe Sie ceca ofthe Regul Otc of the DOLE and SIRS stir te NCAR Ts re 238 ra, probit SS ice sy ede nrmaton or Statement ‘hen hing natn peings ndute by em. 48, Voluntary aritvaton In the event tht all eflors at settling the labor dispute ancl fil the NCMB is mandated under the law to encourage ‘the partis wo suit heres to voluntary arbitration (Ar. 261/6 item ry arbitration (Art. 261), 49. Barangay Lupong Tagapayapa has no jurisdiction over con

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