JURISDICTION

ORIGINAL AND EXCLUSIVE JURISDICTION (OEJ) OF LABOR ARBITERS UNDER ART. 224:
1. ULP Cases – only gross violations of CBA are considered ULP, hence, within the
jurisdiction of LA.
2. Termination Disputes – or illegal dismissal complaints
3. Cases filed involving Conditions of Employment (WHO) if accompanied with a claim
for Reinstatement. (If no claim for reinstatement, RD Jurisdiction under Art. 129)
4. Damages arising from EER.
Strike and Lockout (Violations of Art. 278(g), where NLRC, SOLE or President may
also assume)
6. Claims arising from EER involving an amount exceeding 5,000.00 pesos, w/n
accompanied with a claim for reinstatement (except EC, SSS, Medicare and Maternity
benefits) ( if 5k or less, RD shall have jurisdiction under Art. 129)
NOT INCLUDED IN ARTICLE 224 BUT ALSO A JURISDICTION OF LA
7. RA 8042 (Migrant Worker Act)- money claims (including all kinds of damages and employment
termination) arising out EER of OFW, which used to be jurisdiction of POEA
8. Wage Distortion Dispute cases (Art. 124) in an unorganized establishments (Compulsory
Arbitration by LA)
9. Enforcement of Compromise Agreement (Art. 233), if not complied with, OR there is prima facie
evidence that the settlement was obtained through Fraud, Misrepresentation, or Coercion
(FRAMISCO) (If Compromise agreement is complied with, it shall be final and binding)
10. Exception Clause of Article 128(b)
JURISDICITON OF NLRC (as a division, not en banc)
1. Original Jurisdiction:
a. Injunction cases – the power to issue injunction is lodged with NLRC division, because LA has no
injunctive power only the NLRC. Conditions for the issuance of TRO- Petitioner to first file a bond to
answer for the damages in the amount determined by the commission. Valid only for 20 days and
becomes void ipso facto at the end of such period; includes Saturdays, Sundays and Holidays.
b. Article 278(g) provides that even if the violation of S/L is within the jurisdiction of LA, if on the
opinion of the SOLE the S/L occurs in an industry that is indispensable to the national interest, the
SOLE may:
1. assume jurisdiction over the dispute and decide it);
2. refer the matter to NLRC (as a commission) for arbitration;
2. Appellate jurisdiction:
a. All cases decided by the LA (appealable to NLRC for period of 10 days) – within 10 calendar days
from receipt of decisions, awards or orders
b. Contempt cases decided by the LA (appealable to NLRC for period of 5 days)
c. Cases decided by the Regional Director under Art. 129.
GR: all decisions of RD is appealable to SOLE. XPN: RD acts as quasi-judicial official when
deciding cases under Art. 129, and not as RD of SOLE. Hence, RD decision is appealable to NLRC
for period of 5 days.

Jurisdiction of BLR:
1. Union matters (all Inter-union and Intra-union disputes)
Inter union – dispute between legitimate labor unions
Intra union – conflict between and among union members Example:
 EE have the right to form Union, like UA, UB, UC, and UD. If there is conflict between UA vs,
UB, it is an Inter-Union Dispute. Intra-union is within the Union only.
A complaint involving intra/inter-union dispute may be filed by a LLO or its members. Where the
issue, however, involves the entire membership, the complaint shall be supported by atleast
30% of the membership. p.157 2.
2. Other related labor relations disputes- refer to dispute related to Inter and intra union. This
include any conflict between a labor union and ER or any individual, entity or group that is not a
LO. Hence, it may be filed by a party-in-interest who is not necessarily a union or union member.
3. Collective Bargaining Registry
4. Labor Education

Jurisdiction of Voluntary Arbitrator.

a) When the parties agreed to refer it to Voluntary Arbitrator.
b) Labor disputes based on the provisions of CBA
c) All wage distortion issues arising from the application of any wage orders in
organized establishments
d) All unresolved grievances arising from the implementation or enforcement of
company personnel policies
e) All unresolved grievances arising from the interpretation and implementation of
the productivity incentive programs under R.A. No. 6971

Certification Election- Certification Election (CE) – after filing of PCE, Med-Arbiter shall set the hearing to
determine w/n there is existing bar (TWENEDECECO) and w/n the 25% requirement is complied with.
BLR shall conduct the CE within 20 days.

Process on how to determine EBR

3 Methods to Determine EBR (Manner of Choosing EBR):
1. Voluntary recognition. There is only one union in the company and majority of the ees
must be members thereof. The ER can also apply for voluntary recognition of the sole
union. (Also called as Sole and Exclusive Bargaining Agent (SEBA) certification).

Note: One of the ULP is the ‘company domination of union’. If it is the ER who recognizes or
applies for the voluntary recognition of the sole union, is it not a ULP? It is not a ULP as long
as in an organized establishment, there is only 1 union and that there is proof that majority
of the ees are members thereof.
2. Consent Election – all contending union agreed among themselves to have election
without the necessity of any hearing. It is the parties or unions who called for the
election, but such election would still be supervised by DOLE.

3. Certification Election (CE) – after filing of PCE, Med-Arbiter shall set the hearing to
determine w/n there is existing bar (TWENEDECECO) and w/n the 25% OF ALL EMPLOYEES
IN THE ENTIRE CBU requirement is complied with.
Two types of regular employment
1. Regular employee-by nature of work
2. Regular employee-by length or year of service
TWENEDECECO
 Twelve Month Bar Rule – If certification election was properly held and ‘No Union’ won, then no
one can file another PCE within 12 months from the date of the last election.
 Negotiation Bar Rule – Prohibits the filing of PCE if the negotiation for CBA is ongoing, although
after the lapse of one year.
 Deadlock Bar Rule – No filing of PCE during the strike/lockout.
 Certification Bar Rule – EBR must negotiate with ER within 1 year after the determination and
certification of the EBR as the exclusive representative
 Contract Bar Rule – After Registration of the CBA, BLR is barred from holding an election
contesting the majority status of the incumbent union

Process of a valid strike (pina-discuss ito)

Procedural Requirement for a Valid Strike: P.594
1. Filing of Notice of strike to SOLE/NCMB – EBR to file notice of strike
2. Observance of Cooling-off period – purpose is to afford the parties the opportunity to amicably
resolve the dispute with the assistance of NCMB.
3. Taking of Strike Vote (SV) - Majority of the members of the EBR will vote in favour to strike by
secret balloting, after the COP. Notice of the conduct of SV to NCMB must be given atleast 24
hours before said meeting/voting.
4. Observance of 7-day Strike Vote Report (SVR) Period – after the taking of SV, ER/EBR shall
submit to SOLE/NCMB an SVR, then observe a period of 7 days strike ban after submission of SVR.
Purpose of the 7-day strike ban is for DOLE to determine if there is no fraud in the strike vote
report or that the majority vote was really attained. (This means to say that after the strike vote is
taken and the SVR is submitted to NCMB, 7 days must pass before the EBR can actually commence
the strike. They cannot hold a strike within that 7-day period, otherwise, it would be illegal)
Tapos yung elements of a valid strike
Hence, to have a Valid Strike, there must be:
1. Employee-employer Relationship;
2. Labor dispute which must be based on the 3 grounds of s/l; and
3. It must comply with the Procedural Requirements.

When may SOLE/Pres assume jurisdiction

If the strike/lock-out affects an industry indispensable to the national interest, SOLE/Pres may
assume jurisdiction (Art. 278(g) or refer the same to NLRC).
-The assumption of sec/pres of jurisdiction is equivalent to injunction. Thus, once they
assumed jurisdiction, s/l cannot be continued because there is an automatic injunction.
You must return to work; the ER shall immediately resume operations and readmit all
workers. If you continue your s/l, then it is considered an illegal strike/lockout. (hence,
no s/l shall be declared after assumption by sole/pres; or s/l shall not be continued
after such assumption)

Discuss Injunction cases

Injunction cases – the power to issue injunction is lodged with NLRC division in the exercise of its
original jurisdiction, because LA has no injunctive power only the NLRC.

IF the SOLE or the PRESIDENT assume jurisdiction (because of national interest), the LA is
automatically divested of its jurisdiction, and it will be transferred to the SOLE. or PRES. If they
 assume jurisdiction, there is an automatic INJUNCTION (return to work, open your office). IF you
continue S/L after assumption of SOLE or PRES, there is Illegal Strike.

Principle of Absorption
Once the SOLE or PRESIDENT assume jurisdiction in one case, there will be an injunction and all
other cases pending between the ER-EE shall also be absorbed and assumed by the SOLE or
PRES. Example: There is labor dispute between globe and employee, and there are 20 cases of
labor dispute pending between them.

Legal consequences when CBA is violated

a) File ULP cases for gross violations of the CBA before the Labor Arbiter for the civil aspects.
Violation of Civil Rights (Civil Aspects of ULP)
b) File criminal offenses before the jurisdiction of a regular court after the finality of judgment for
ULP Cases under the LA. ULP is an offense against public interest. Criminal offenses against the
State
Note: But the judgment of LA is not evidence of ULP in criminal case because it requires different
proof (proof beyond reasonable doubt). Hence, criminal charge of ULP must be prosecuted and
proved independently of the labor case under LA.