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CASE FLOWCHART 2015-08469 Law 114 II-C 2nd Semester, A.Y. 2020-2021,…

- - - - Complaints for illegal recruitment of children or other related illegal acts and surveillance of reported illegal recruitment activities (Secs. 45-46, DO 141-14)
        
        As ex-officio Voluntary Arbitrators (DO 83-07)
        
        The Secretary of Labor and Employment or his duly authorized representative is hereby empowered to inquire into financial activities of legitimate labor organizations. (Art. 289)
- - - - Within ninety (90) calendar days after filing of the complaint, the [money] claims arising out of an employer-employee relationship or by virtue of any law or contract involving Filipino workers for overseas deployment including claims for actual, moral, exemplary and other forms of damages. (Sec. 10, Republic Act No. 8042,otherwise known as the Migrant Workers and Overseas Filipinos Act of 1995)
        
        Wage distortion disputes in unorganized establishments not voluntarily settled by the parties (Republic Act No. 6627)
        
        Enforcement of compromise agreements when there is non-compliance by any of the parties or if there is prima facie evidence that the settlement was obtained through fraud, misrepresentation, or coercion (Art. 233, Labor Code)
        
        Other cases as may be provided by law.
  - - - Any decision or resolution of the Regional Director or hearing officer regarding recovery of wages under this provision may be appealed on the same grounds provided in Article 223 of this Code, within five (5) calendar days from receipt of a copy of said decision or resolution (Art. 129)
- - - - If denied, appeal to Supreme Court via Rule 45 (St. Martin's Funeral Homes v. NLRC)
        
        SUPREME COURT
      - Rule 43, 10 days from receipt (Guagua National Colleges v. CA)
        
        VOLUNTARY ARBITER DECISIONS
- - - - Decisions of the Med-Arbiter in inter/intra-union disputes
        
        Decisions of the Regional Director in inter/intra-union disputes
      - Final and executory after ten (1) days from receipt thereof by the parties, unless a motion for reconsideration is filed by any party within the same period (Sec. 20, Rule XI, DO 40-03)
    - - "Intra-union dispute" refers to any conflict between and among union members. including grievances arising from any violation of the rights and conditions of membership, violation of or disagreement over any provision of the union's constitution and by-laws, or disputes arising from chartering or affiliation of union. (Book V, Rule I,Sec 1, Labor Code IRR, as amended by D.O. No. 40-03, Rule I, Sec. 1(cc))
        
        Inter/Intra-union disputes shall include:
        a. Cancellation of registration of a labor organization filed by its members or by another labor organization;
        b. Conduct of election of union and workers' association officers/nullification of election of union and workers' association officers;
        c. Audit/accounts examinatoin of union or workers' association funds;
        d. Deregistration of collective bargaining agreements;
        e. Validity/Invalidity of union affiliation or disaffiliation;
        f. Validity/Invalidity of acceptance/non-acceptance for union membership
        g. Validity/Invalidity of impeachment/expulsion of union and workers' association officers and members;
        h. Validity/Invalidity of the SEBA certification;
        i. Opposition to application for union and CBA registration;
        j. Violations of or disagreements over any provision in a union or workers' association constitution and by-laws
        k. Disagreements over chartering or registration of labor organizaitons and collective bargaining agreements;
        l. Violations of the rights and conditions of union or workers' association membership;
        m. Violations of hte rights of legitimate labor organizations, except interpretation of collective bargaining agreements; and
        n. Such other disputes or conflicts involving the rights to self-organizaiton, union membership, and collective bargaining
        
        Between and among legitimate labor organizations or
        
        Between and among members of a union or workers' association
        
        (Book V, Rule XI, Labor Code IRR, as amended by Sec. 1, D.O. No. 040-1-15)
  - - - Assumption of Jurisdiction in labor disputes likely to cause a strike or lockout in an industry indispensible to the national interest or may certify the same to the Commission for compulsory arbitration (Art. 278, Labor Code)
        
        Power to issue compliance orders to give effect to the labor standards provisions of this Code and other labor legislation based on the findings of labor employment and enforcement officers or industrial safety engineers made in the course of inspection xxx [and] issue writs of execution to the appropriate authority for the enforcement of their orders, except in cases where the employer contests the findings of the labor employment and enforcement officer and raises issues supported by documentary proofs which were not considered in the course of inspection (Art. 128, Labor Code)
        
        APPELLATE JURISDICTION
        
        An order issued by the duly authorized representative of the Secretary of Labor and Employment under this Article may be appealed to the latter. (Art. 128, Labor Code)
        
        Any party to an election may appeal the order or results of the election as determined by the Med-Arbiter directly to the Secretary of Labor and Employment on the ground that the rules and regulations or parts thereof established by the Secretary of Labor and Employment for the conduct of the election have been violated. Such appeal shall be decided within fifteen (15) calendar days. (Art. 272, Labor Code)
        
        Denial of application for union registration when made by the Bureau of Labor may be appealed to the SOLE (Sec. 6, DO 40-03)
        NOTE: If denial is made by Regional Office, it shall be appealed to the Bureau of Labor Relations
- - - - VOLUNTARY ARBITRATORS
        
        (c) Cases arising from the interpretation or implementation of collective bargaining agreements and those arising from the interpretation or enforcement of company personnel policies shall be disposed of by the Labor Arbiter by referring the same to the grievance machinery and voluntary arbitration as may be provided in said agreements. (Art. 224, Labor Code)
        
        (h) Before or at any stage of the compulsory arbitration process, the parties may opt to submit their dispute to voluntary arbitration. (Art. 278, Labor Code)