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J. Jurisdiction and Reliefs - Coggle Diagram

- - - - Alter Ego - All three elements must concur in order to prove alter-ego theory. (Maricalum Mining)
        
        Complete Domination - Control-not mere stock control, but complete domination-not only of finances, but of policy and business practice in respect to the transaction attacked, must have been such that the corporate entity as to this transaction had at the time no separate mind, will or existence of its own;
        
        Fraud or Wrong - Such control must have been used by the defendant to commit a fraud or a wrong, to perpetuate the violation of a statutory or other positive legal duty, or a dishonest and an unjust act in contravention of plaintiffs legal right; and
        
        Proximate Cause of Loss - The said control and breach of duty must have proximately caused the injury or unjust loss complained of.
      - Corporate Officer - A person is deemed as a corporate officer when the two requisites concur:
        
        the creation of the position is under the corporation’s charter or by-laws; and
        
        The election of the officer is by the directors or stockholders.
        
        Intra-Corporate Disputes - Regular Courts
        
        It is only when the officer claiming to have been illegally dismissed is classified as such corporate officer that the issue is deemed an intra-corporate dispute which falls within the jurisdiction of the trial courts.
    - - Labor Management Committee LC 273 - Does not require the presence of a Union. Not required by the law, but good practice.
        
        Grievance Machinery - Required by law. System providing for the interpretation of CBA or Company Policies. Consists of a series of steps to be taken within the specified time limits. see DO 40-03, Rule XIX, S. 2.
        
        Unresolved Grievance - Goes to the voluntary arbitrator under LC 274 who has exclusive and original jurisdiction arising from the interpretation or implementation of the CBA, and enforcement of company personnel policies.
        
        (Guagua v. CA) - see case for how appeals are brought from the VA to the CA.
        
        Challenge Q. - "Paano kung nagstart sila ng grievance machinery kasi may isang tao inaccuse nila nagsmoke in a non smoking zone. Nung natapos yung grievance, they ruled against the employee (serious misconduct and willful disobedience). Saan dadalhin yung illegal dismissal case nung taong nagsmoke?"
  - - - Powers Exercised - Applies only when there is an existing E-E.
        
        Visitorial Powers -
        
        Access to Employer records and premises anytime work is being undertaken.
        
        Right to copy
        
        Right to question an employee
        
        Right to investigate any fact, matter or condition which may aid enforcement of rules.
        
        Enforcement Powers - power to issue a writ of execution to give effect to labor standards and to enforce their orders.
        
        Employer Contests - If an employer contests the findings of the labor employment and enforcement officer and raises issues supported by documentary proof not considered in the course of the inspection, the jurisdiction is transferred to either the LA or the RD.
        
        Stoppage of Work - SOLE may order a stoppage of work if non-compliance poses a grave or imminent danger to the health and safety of the workers.
        
        Time-frame- In case a stoppage of work has been issued, SOLE shall conduct a hearing within 24 hours of the hour to determine whether the order will be lifted or not.
        
        Determine E-E - SOLE has power to determine the existence of an E-E for the purposes of V-E powers. (Bombo Radyo v. SOLE)
    - - Scope of Jurisdiction - covers jurisdiction of the regional directors outside their V-E powers under LC 128
        
        Power - Power to hear and decide, through summary proceedings and after due notice.
        
        Coverage - Recovery of wages, and other monetary claims and benefits including legal interest arising from an E-E.
        
        Limitations - (1) must not have a claim for reinstatement; (2) Aggregate amount of money claims PER individual does not exceed P5,000
        
        Illegal Dismissal - in illegal dismissal cases, LA has jurisdiction.
      - NLRC & Labor Arbiter (LC 224)
        
        Scope of Jurisdiction - covers all other claims arising from an E-E relationship not vested in the Regional Director or the SOLE.
        
        Company Policy and CBA - LA must refer these cases to the grievance machinery and the voluntary arbitrator first in order to acquire jurisdiction.
        
        Other Exemptions - cases for employee compensation, SSS, Medicare and maternity benefits arising from E-E.
        
        NLRC - exercises appellate jurisdiction over all cases decided by Labor Arbiters.
        
        Bureau of Labor Relations (LC 219(b) - 232)
        
        Voluntary Arbitration, Tripartite Voluntary Arbitration Advisory Council, Arts. 219 (d), 273-277, 292 (f)
        
        National Conciliation Mediation Board, Arts. 219 (c), 26 - Original Jurisdiction Over
        
        Filing of notice of strike or lockout
        
        Bargaining Deadlocks
        
        DOLE Regional Offices - Jurisdiction over Independent Labor Unions, Local Chapters and Worker's Associations.
        
        Regional Director -
        
        Application for Registration
        
        Petition for Cancellation of Registration
        
        Request for SEBA Certification
        
        Registration of CBA
        
        Labor Relations Division of Regional Offices -
        
        Request for examination of books of accounts
        
        Intra- and Inter- Union Disputes
        
        Disputes, Grievances, or problems arising from Labor Management Relations
        
        Appeals - Made to the BLR.
        
        Bureau of Labor Relations Proper - Jurisdiction over Federations and National Unions
        
        Applications for registration
        
        Petitions for cancellation of registration
        
        Request for examination of books of accounts
        
        Registration of Multi-employer CBA
        
        Intra- and Inter-Union Disputes
        
        Disputes, Grievances, or problems arising from Labor Management Relations
        
        Injunction (266) - No temporary or permanent injunction or restraining order in any case involving or growing out of labor disputes shall be issued by any court or other entity, except as otherwise provided in Articles 218 and 264 of this Code.
        
        NLRC Injunction (225e) - To enjoin or restrain any actual or threatened commission of any or all prohibited or unlawful acts or to require the performance of a particular act in any labor dispute which, if not restrained or performed forthwith, may cause grave or irreparable damage to any party or render ineﬀectual any decision in favor of such party
        
        Conditions for Issuance - No injunction unless after hearing the testimony of witnesses, with opportunity for cross-examination, in support of the allegations of a complaint made under oath, and testimony in opposition thereto, if oﬀered, and only after a ﬁnding of fact by the Commission, to the eﬀect:
        
        That prohibited or unlawful acts have been threatened and will be committed unless restrained, or have been 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 person or 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;
        
        That substantial and irreparable injury to complainant's property will follow;
        
        That as to each item of relief to be granted, greater injury will be inﬂicted upon complainant by the denial of relief than will be inﬂicted upon defendants by the granting of relief;
        
        That complainant has no adequate remedy at law; and
        
        That the public oﬃcers charged with the duty to protect complainant's property are unable or unwilling to furnish adequate protection.
        
        Effectivity - No longer than (20) days. Becomes void after that.
        
        Prohibited Activities; Injunction (279) - Commission of any of the prohibited activities allows for issuance of injunction.
    - - Unlawful Acts
        
        Money Claims
        
        Coverage - pertains to money claims arising from E-E relationship.
        
        Prescription - (3) years from the time the cause of action accrued.
        
        Where Filed - shall be filed before the appropriate entity, independently of the criminal action that may be instituted in normal courts.
        
        Civil Cases - pending final determination of merits of money claims, no civil action arising from the same cause may be filed.
        
        Coverage - all offenses penalized under the Labor Code or otherwise declared unlawful.
        
        Penalty - may be fine or imprisonment.
        
        Fine - ranging from P1,000 to P10,000
        
        Imprisonment - ranging from 3 months to 3 years.
        
        Prescription -
        
        General Rule - (3) years
        
        Exception - Unfair labor practices under Book V - prescribes in (1) year.