CASE FLOWCHART
2015-08469
Law 114 II-C
2nd Semester, A.Y. 2020-2021
CASE FLOWCHART
2015-08469
Law 114 II-C
2nd Semester, A.Y. 2020-2021
NATIONAL LABOR RELATIONS COMMISSION
(b) The Commission shall have exclusive appellate jurisdiction over all cases decided by Labor Arbiters (Art. 224, Labor Code)
LABOR ARBITER
(a) Except as otherwise provided under this Code, the Labor Arbiters shall have original and exclusive jurisdiction to hear and decide, within thirty (30) calendar days after the submission of the case by the parties for decision without extension, even in the absence of stenographic notes, the following cases involving all workers, whether agricultural or non-agricultural:
(1) Unfair labor practice cases;
(2) Termination disputes;
(3) If accompanied with a claim for reinstatement, those cases that workers may file involving wages, rates of pay, hours of work and other terms and conditions of employment;
(4) Claims for actual, moral, exemplary and other forms of damages arising from the employer-employee relations;
(5) Cases arising from any violation of Article 264 of this Code, including questions involving the legality of strikes and lockouts; and
(6) Except claims for Employees Compensation, Social Security, Medicare and maternity benefits, all other claims arising from employer-employee relations, including those of persons in domestic or household service, involving an amount exceeding five thousand pesos (P5,000.00) regardless of whether accompanied with a claim for reinstatement.
(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)
EXCLUSIVE ORIGINAL JURISDICTION
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.
Cases certified by the SOLE (where there exists a labor dispute causing or likely to cause a strike or lockout in an industry indispensable to the national interest) for compulsory arbitration (Art. 278)
Issuance of a temporary injunciton order pursuant to Art. 258(e)
Motion for Reconsideration
If denied, appeal to Court of Appeals via Rule 65 (St. Martin's Funeral Homes v. NLRC)
COURT OF APPEALS
If denied, appeal to Supreme Court via Rule 45 (St. Martin's Funeral Homes v. NLRC)
SUPREME COURT
BUREAU OF LABOR RELATIONS
ORIGINAL AND EXCLUSIVE JURISDICTION
All inter-union and intra- union conflicts, and all disputes, grievances or problems arising from or affecting labor-management relations in all workplaces, whether agricultural or non-agricultural, except those arising from the implementation or interpretation of collective bargaining agreements which shall be the subject of grievance procedure and/or voluntary arbitration. (Art. 232, Labor Code)
EXCLUSIVE APPELLATE JURISDICTION
Decisions of the Med-Arbiter in inter/intra-union disputes
"Inter-union dispute" refers to any conflict between and among legitimate labor unions involving representation questions for purposes of collective bargaining or to any other conflict or dispute between legitimate labor unions (Book V, Rule I,Sec 1, Labor Code IRR, as amended by D.O. No. 40-03, Rule I, Sec. 1(y))
"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)
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)
May be appealed to the SOLE by any party within the same period, copy furnished to the opposing party (Sec. 15, Rule XI, DO 40-03)
SECRETARY OF LABOR
NATIONAL CONCILIATION AND MEDIATION BAORD
When there are unresolved disputes in collective bargaining negotiations, the Board shall intervene upon request of either or both parties or at its own initiative and immediately call the parties to conciliation meetings. The Board shall have the power to issue subpoenas requiring the attendance of the parties to such meetings. It shall be the duty of the parties to participate fully and promptly in the conciliation meetings the Board may call.
The Board shall exert all efforts to settle disputes amicably and encourage the parties to submit their case to a voluntary arbitrator (Art. 261, Labor Code)
In cases where there are no collective agreements or recognized labor unions, the employers and workers shall endeavor to correct such distortions. Any dispute arising therefrom shall be settled through the National Conciliation and Mediation Board and, if it remains unresolved after ten (10) calendar days of conciliation, shall be referred to the appropriate branch of the NLRC. (Art. 124, Labor Code)
Cases filed for preventive mediation (Sec. 4, Rule IV, Revised NCMB Manual of Procedures for Conciliation and Mediation cases)
DOLE REGIONAL DIRECTORS
VOLUNTARY ARBITRATORS
recovery of wages and other monetary claims and benefits, including legal interest, owing to an employee or person employed in domestic or household service or househelper (Art. 129, Labor Code)
The Secretary of Labor and Employment or his duly authorized representatives, including labor regulation officers, shall have access to employer's records and premises at any time of the day or night whenever work is being undertaken therein, and the right to copy therefrom, to question any employee and investigate any fact, condition or matter which may be necessary to determine violations or which may aid in the enforcement of this Code and of any labor law, wage order or rules and regulations issued pursuant thereto
xxx Order stoppage of work or suspension of operations of any unit or department of an establishment when non-compliance with the law or implementing rules and regulations poses grave and imminent danger to the health and safety of workers in the workplace (Art. 128, Labor Code)
ORIGINAL EXCLUSIVE JURISDICTION
Registration and cancellation of unions, and cases against independent labor unions, chartered local, or worker's association (Sec.4, Rule XI, Book V, Labor Code IRR, as amended by DO 40-F-03)
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)
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)
(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)
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)
Rule 43, 10 days from receipt (Guagua National Colleges v. CA)
VOLUNTARY ARBITER DECISIONS
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
SOLE DECISIONS