NCMB

JURISDICTION CHART LABOR LAW REVIEW

1. Wage Distortion in unorganized establishment
2. Strikes – notice, strike votes
ATTY. FILRAY JAVIER
*Period to resolve – 10 days

LABOR ARBITER DOLE REGIONAL DIRECTOR BUREAU OF LABOR RELATIONS REGIONAL OFFICE R EGIONAL TRIPARTITE GRIEVANCE
(BLR) DIRECTOR MED -ARBITER WAGES AND MACHINERY
1. ULP Claims for 1. Visitorial (inspection) cases 1. Visitorial cases
1. Inter-union 1. Intra- PRODUCTIVITY BOARD
2. Termination disputes recovery of under Art 37 of Labor Code under Art. 289 Original Jurisdiction (NOTE: CBAs must
3. If accompanied with reinstatement, cases filed by EEs involving wages & 2. Visitorial (inspection) and involving 1. Complaints and petitions disputes union (RTWPB) contain provisions on
wages, rates of pay, hours of work, & other terms & conditions of (representation dispute Fixing of Applicati grievance machinery for
benefits of EEs enforcement cases under Art. examination of involving the application
employment or certification s minimum ons for the interpretation or
& household 128 (either routine or initiated books of for registration or implementation of the
4. Claims for actual, moral, exemplary, & other forms of damages helpers, without through a complaint) accounts of cancellation of election 2. Other wage in
the
exempti
on from CBA.)
arising from EER reinstatement, 3. Occupational safety and independent registration of conflicts) related
5. Cases arising from violation of Art. 279 (prohibited activities during a. Request for labor region, prescrib
with the claim health violations unions, local federations, national 1. Grievances
province, ed wage
strikes), including questions involving the legality of strikes & not exceeding 4. Cases related to private chapters, unions, industry unions, SEBA relation
or rates arising from
lockouts P5,000, recruitment and placement chartered local trade union centers and certification s
industry company
6. All other claims arising from EER, including household services, regardless of agencies for local & workers’ their local when made dispute
and personnel
involving an amount exceeding P5,000 regardless of WON
accompanied with reinstatement
WON EER still employment, such as: associations chapters/chartered in
unorganized
an
3.
s
Injuncti issuing policies
exists a. Applications for license or 2. Union locals, affiliates and 2. Grievances
establishme on the Wage
• EXC: EEs’ Compensation, SSS, Medicare, & maternity benefits denial thereof registration- member organizations arising from
nt with only cases Order s
7. Enforcement of compromise agreements when there is non-
compliance or there is prima facie evidence that the compromise
b. Complaints for suspension
or cancellation of license
related case
3. Denial of
2. Request for examination
1 or more 4. Contem thereof implementation
of books of accounts of & interpretation
agreement or settlement was obtained through fraud, coercion, or by reason of administrative applications for said labor organizations than 1 pt
of CBA
misrepresentation offenses union legitimate cases
8. Money claims of OFWs arising out of EER or by virtue of any law or c. Complaints for illegal registration of
under Art. 289
3. Intra-union disputes union or in
MR
(10
3. Violations of
APPEAL DAYS ),
CBA that are not
contract, including damage claims & termination of OFWs recruitment (*BUT if independent involving said labor an
(10 DAYS THEN gross
9. Wage distortion cases in unorganized establishments not criminal, this will be with unions, local organizations organized
voluntarily settled by parties through NCMB (no CBA) regular courts) chapters and 4. Notice of merger, establishme
FROM
PUBLICA
APPEAL
(10 *Must be resolved within
10. Other cases provided by law – e.g., direct or indirect contempt d. Petition for closure of workers’ consolidation, affiliation nt TION) DAYS ) 10 days; if not, the case
agency associations and change of name of b. Petition for is to be forwarded to the
said unions and or certification/
NATIONAL WAGES AND
VA
APPEAL (10 DAYS) APPEAL (5 DAYS) APPEAL (10 DAYS) petition for denial thereof consent/ PERIOD TO
run-off/ re- PRODUCTIVITY
5. Registration of multi- FORWARD TO VA-
COMMISSION (NWPC)
NLRC DIVISION DOLE SECRETARY (SOLE) employer CBAs or run election 7 DAYS

(NOTE: If the BLR Director inhibits himself in a case falling under the jurisdiction of petitions for VOLUNTARY
1. Exclusive appellate jurisdiction over cases from LA 1. Review of regional
the BLR, can be appealed to the SOLE) deregistration thereof APPEAL A RBITRATOR (VA)
wage levels set by
• Includes appellate jurisdiction over direct contempt
1. Art. 128 (a) – Jurisdiction over inspections & investigations (can also
6. Contempt cases (10 DAYS)
the RTWPB 1. Wage distortion
cases from LA; in these cases, implementation of LA’s
decision will be suspended pending appeal be exercised by the RD) BLR DIRECTOR 2. Review of disputes in
decisions on organized
2. Power to issue injunctions in labor cases 2. Art. 128 (b) – Compliance orders for labor standards, where EER still (APPELLATE JURISDICTION)
exemptions of the establishments
• Reception of evidence may be delegated by the NLRC exists
RTWPB 2. Grievances
to the LA • EXC: If ER contests the findings of the labor employment & POEA arising from
• There must be a labor dispute already – e.g., a case enforcement officer & raises issues supported by documentary 1. All cases which are company
filed before the LA proofs which were not considered in the course of inspection administrative in character, personnel
3. Direct or indirect contempt (then the case will be with LA) involving or arising out of violations policies
• Judgment of NLRC in direct contempt cases is • NOTE: This power is often exercised through RD (see RD cases) of IRRs relating to licensing and 3. Grievances
immediately executory & unappealable • There is no ceiling for the amount in this case. registration of recruitment & arising from
4. Exclusive appellate jurisdiction over cases decided by DOLE APPEAL
3. Jurisdiction over work stoppage orders when non-compliance with employment agencies or entities implementation
(10 COURT OF
RD under Art. 129 (claims for recovery of wages/benefits of EEs the law or IRRs poses grave & imminent danger to health & safety or DAYS ) 2. Disciplinary action cases & & interpretation
& household helpers, not accompanied by reinstatement, where workers in the workplace other special cases that are APPEALS of CBA
the claim does not exceed P5,000) • Within 24 hours: Hearing to decide if suspension order should be administrative in character 4. All disputes that
RULE 65
• NLRC must resolve appeal within 10 days from lifted
involving ERs, principals,
contracting partners, & Filipino (60 DAYS FROM DENIAL
the parties
submission of the last pleading required under its IRR • If violation is ER’s fault: ER will pay wages during stoppage stipulate will go
OF MR)
migrant workers to VA, even if
5. Cases certified by the SOLE to the NLRC in relation to strikes period
3. Granting licenses to recruitment
& lockouts involving national interest cases 4. Jurisdiction of SOLE for strikes or lockouts that involve national
& employment agencies or entities
jurisdiction
under the law is
interest cases (SOLE may assume jurisdiction or certify) – regardless of
NLRC EN BANC decision, CA SUPREME COURT 5.
with LA
Wage distortion
1. Promulgating IRRs governing – 5. Appeals from BLR decisions, where BLR exercises original cases (where
VIA RULE 45 (15 DAYS)
a. Hearing & disposition of cases before it & the LAs jurisdiction there is CBA)
b. Internal functions
c. Aspects necessary to carry out its purposes under the APPEAL VIA RULE 43
Labor Code MR (10 DAYS) (10 DAYS )
2. Raffling of cases to the various LAs BLOCK C 2018