GRIEVANCE MACHINERY (3) POEA (2)

1. Interpretation/application of CBA (Non ULP) 1. Admin in character, violation of rules/regulation

2. “ “ “ COMP PERSONEL POLICY 2. “ “ “ , disciplinary action cases (Excluding money claims)
3. Either party’s claim that the other is violating the CBA/CPP LABOR ARBITER (17)
VOLUNTARY ARBITRATOR (7) 1. ULP cases (2) i. Gross violation, ii. Eco-prov, XPN: criminal aspect
1.Unresolved grievance on CBA interpretation/implementation 2. Illegal dismissal/termination disputes
2. “ “ COMP PERSONEL POLICY “ “ 3.If accompanied by reinstatement claims, those that the worker may
3. “ “ PRODUCTIVITY INCENTIVE PROGRAM “ “ file involving wages, rates of pay, hours of work and other T&C of
4. Wage distortion from wage order application in org establishments employment
If there’s a SEBA/CBA1 4.Money claims arising from EER (2)
5. National interest cases i. Any amount + reinstatement, ii. Exceeds P5k
6. Non-gross CBA violation 5.Damages (AMEO) arising from EER
7. Other labor dispute, bargaining deadlock & ULP, on party’s agreement 6.Declare illegality of strikes/lockouts, XPN: S/L affecting natnl interest
8. Declaring illegality of strike/lockout upon agreement of parties 2 XPN to XPN: Assumption/certification order otherwise provides
DOLE-RD (6) 7.Other claims arising from EER including household service, exceeding
1. SMC7 (A129) (3) a. claimed by former employee b. no rein- P5k with reinstatement claims or not
statement claims, c.P5k max aggrgte money claim (Ksmbhy no limit) 8.Legislated wage increase and wage distortion in UE if parties and
2. Visitorial.. books of accounts/records of indpendent union, workers NCMB failed to correct the distortion in 10d(calendar) 7
assoc & chartered locals/local chaptrs (A289) “financials of legit LO”3 9. Contested cases under 128(b)
3. Visitorial.. books of accounts/records (A37) “PRPA local/abroad”3 i. Er contest labor inspector findings & raise issue,
4. Visitorial and enforcement ..establishments (A128) a. EER still exist ii. Evid matters require examination,
b. Findings by labor inspector, c. No SMC in DOLE-RD or complaint 4 iii. Matter not verifiable in normal course of inspection
before LA “inspections for lab stan compliance”3 10.Enforecement/annulment of compromise agreement
5. OSH violations 11.Enforcement of VA decisions
6. Cases related to PRPA for local employment 12.OFW money claims from EER, law or contract including
7. Cases for voluntary arbitration in their capacity as EVAs death/disability benefits or damages (AMEO) XPN: CBA exist between
8. Union registration related cases (Single enterprise CBAs) foreign employer & bargaining unit of OFW in which case VA has
9. Notice of merger, conso, affl & name change or pet for denial thereof jurisdiction
10. CBA related cases 13. Other cases
11. Request for SEBA cert in unorganized establishment with only 1 LU a. Employees of GOCCs with OC d. Coop employees XPN: claims/
BLR-D (6) b. Aliens if choice of law related termination of membership
1. Registration, revocation or cancellation of “FNIT-LCAM”6 to parties/ their transaction e. Counter claims of employers
2. Visitorial.. books of accounts/records of independent union, workers c. Priest & ministers, purely arising from EER
association and chartered locals/local chapters (A289) secular matters
3. Intra-Union disputes of labor orgs Other powers: 1. Contempt 2. Ocular
4. Notice of merger, consolidation, affiliation and change of name or NLRC (4)
petition for denial thereof 1.Injunction on ordinary labor Grounds for appeal (4)
5. Union registration/deregistration (multi-employer CBAs) dispute 1. Grave abuse of discretion
6. Contempt cases 2. “ “ strikes/lockout 2. Fraud, coercion, graft & corrptn
Appellate 3. Certified cases from Dole Sec 3. Pure question of law
1. Med-Arb (O/E) (4) 4. Extraordinary rem from 4. Serious factual errors=grave
a. Intra-Union disputes c. Injunction LA orders irreparable dmg to appellant
b. Other related labor disputes d. Contempt Requirements for appeal (5)
2. DOLE-RD (O/E) (3) Exclusive Appellate 1. Fee-Legal research, appeal
a. Visitorial.. books of accounts/records of independent union, workers 1.DOLE-RD: Small money claims 2. Period-10d
(A129) 3. Memo of appeal
association and chartered locals/local chapters (A289) 2. All LA cases (O&E jurisdiction) 4. Proof of service
b. Union registration related cases (Single enterprise CBAs) 3. Contempt cases from LA 5. Bond-Cash/property
c. Notice of merger, conso, affl & name change/pet for denial thereof COURT OF APPEALS (R65)
c. CBA related cases 1.DOLE-SEC (Appellate jurisdiction)
DOLE SECRETARY (6) 2.NLRC ( “ “ )
1.National Interest Case Assumption (May also be made by President 3. BLR ( “ “ )
2. “ “ “ Certification COURT OF APPEALS (R43): Voluntary Arbitrators
3. Suspension of effects of termination (2)
i. Mass lay-off, ii. May cause serious labor dispute NCMB
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4. Administrative Intervention for Dispute Avoidance 1.Filing of notice of S/L
5. Contempt cases 2. Preventive mediation (2) a. Notice/request for preventive mediation
6. Voluntary Arbitration b. Conversion of notice of S/L to preventive mediation
Appellate i. By agreement: Strikeable issues
1.DOLE-RD (4) ii. “ “ /Motu-propio: Non-strikeable issues (may also be
a. Visitorial ..books of accounts/records (A37) referred to Med-Arb if representation/inter-union disputes are
b. “ ..establishments inspections for lab stan compliance (A128) involved or to VA if there are unresolved grievance)
c. OSH violations LABOR RELATIONS DIVISION
d. Cases related to PRPA for local employment (Concurrent with DOLE-RD)
e. Decision on small money claims including kasambahays 1.Registration of labor unions
2. Med-Arbs(O/E) on Inter-union 2.Keeping registry of unions
(In UE only denial, in OE both grant/denial) 3. Maintenance of CBA files and other related agreements
3. BLR (O&E jurisdiction) (6) 4. Records of labor dispute settlements
a. Registration, revocation or cancellation of “FNIT-LCAM” 6 5. Copies of VA orders/decisions
b. Examination of labor orgs books of accounts (A289)
c. Inter-union dispute
d. Union registration/deregistration (multi-employer CBAs)
e. Contempt cases from BLR-D
f. Notice of merger, consolidation, affiliation and change of name or ____________________________________________________________
petition for denial thereof References
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4. POEA decisions involving violation of rules/reg & disciplinary actions Pg. 848, J.G. Chan 2019 Federation, National Union,
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MED-ARB (5) Pg. 847, J.G. Chan 2019 Industrial Union, Trade Union
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1.Inter-Union dispute i.e., Pg. 947, J.G. Chan 2019 Center,Local Chapter, Chartered
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i. req for SEBA cert in UE with 3. Other labor dispute Pg. 951, J.G. Chan 2019 Local, Affiliate, Member Orgs
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only 1 or more LU or in OE, 4. Injunction Small money claims Pg. 849, J.G. Chan 2019
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ii. PCE,CE, ROE, RRE 5. Contempt cases Pg. 846, J.G. Chan 2019
2. Intra-Union dispute 6. Representation case7