Chapter Eight PROCEDURE AND JURISDICTION TOPICS PER SYLLABUS
C. Bureau of Labor Relations – Med-Arbiters 1. Jurisdiction (original and appellate)
C. BUREAU OF LABOR RELATIONS 1 – MED-ARBITERS 1. BUREAU OF LABOR RELATIONS (“BUREAU” OR “BLR”).
The Bureau of Labor Relations Relation s2 was established on January 16, 1957 pursuant to Executive Order No. 213 and the Organization Plan 20-A. It took over the Conciliation Service and the Registrar of Labor Organizations created under R.A. No. 875. It served as a planning, policy making, consultative and advisory body in the promotion and maintenance of industrial peace. It has the mandate to: 1) act as national registry of unions unions and CBAs; 2) formulate regulatory and developmental developmental policies, standards, guidelines guidelines and and programs promoting the right to organize, including collective bargaining and improvement of the income of workers and their organizations; 3) act as lead agency in workers and employers employers education; 4) adjudicate inter- and intra-union disputes; 5) promote bipartism and tripartism; and 6) formulate and implement programs that strengthen trade unionism to achieve industrial peace. peace. 3 2. MED-ARBITER OR MEDIATOR-ARBITER. “ Med-Ar Med-Ar biter iter ” or “Mediator - Arbiter” 4 refers to an officer in the Regional Office or in the BLR authorized to hear and decide representation cases, inter-union or intra-union disputes and other related labor relations disputes, except cancellation cancellation of union registration cases. cases .5
Some principles on Med-Arbiter.
Med-Arbiters have power to make a determination on the existence of employer-employee relationship and other issues. It is an absurdity to suggest otherwise. otherwise . 6 He is also empowered to decide other issues 7 related to the eligibility of employees to vote. vote. However, the Med-Arbiter cannot order the re-negotiation of a CBA, his authority being confined to the determination of the exclusive bargaining agent in the bargaining unit. unit.8
I njunct nj unctii ve pow powe er . The Med-Arbiter is possessed of the power to issue temporary restraining order and the writ of injunction in appropriate cases. cases .9
C ontempt ontempt powe powerr . The Med-Arbiter has contempt power .10
F actual actual finding fi ndingss of Me M ed-Ar d-A r biter biter s are acco accorr ded ded gre gr eat r espect. spect. They are binding if they are supported by substantial evidence and there exists no capricious exercise of judgment warranting reversal by certiorari. certiorari.11
E xecution xecution of decisi decisi ons, ons, order order s or awards awards of of M ed-Ar bi ter ter s. The Med-Arbiter may, upon his own initiative or on motion of any interested party, issue a writ of execution on a judgment within five (5)
years from the date it becomes final and executory, requiring the Sheriff or a duly deputized officer to execute or enforce the same.12
1. JURISDICTION (ORIGINAL AND APPELLATE) I. CASES FALLING UNDER THE JURISDICTION OF THE MED-ARBITERS, DOLE DIRECTORS AND BLR DIRECTOR, IN GENERAL 1. INTRODUCTION.
For purposes of clarity in the otherwise labyrinthine issue of jurisdiction and procedure in the BLR, there is a need to cite first the cases over which the following officials have their respective jurisdictions: (1)
Mediator-Arbiter (Med-Arbiter) ;
(2)
DOLE Regional Director; and
(3)
BLR Director.
The Mediator-Arbiter and the DOLE Regional Director exercise original and exclusive jurisdiction over specified cases mentioned below. For his part, the BLR Director exercises not only appellate but original jurisdiction over some particular cases. 2. CASES COVERED. There are three (3) general classifications of the cases covered by the jurisdiction of said officials, to wit: (a)
Inter-union disputes;
(b)
Intra-union disputes; and
(c)
Other related labor relations disputes. I-A.
INTER-UNION OR INTRA-UNION DISPUTES 1. INTER-UNION OR REPRESENTATION DISPUTES. An “inter-union dispute” or “representation dispute” is one occurring or carried on between or among unions.13 It refers to a case involving a petition for certification election filed by a duly registered labor organization which is seeking to be recognized as the sole and exclusive bargaining agent of the rank-and-file employees or supervisory employees, as the case may be, in the appropriate bargaining unit of a company, firm or establishment .14
Broadly, an “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.15 2. INTRA-UNION OR INTERNAL UNION DISPUTES.
An “intra-union dispute” or “internal union dispute” refers to a conflict within or inside a labor union. 16 It is 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 a union.17 It refers to a case involving the control, supervision and management of the internal affairs of a duly registered labor union such as those relating to specific violations of the union’s constitution and by-laws.18 A complaint for any violation of the constitution and by-laws and the rights and conditions of union membership under Article 241 of the Labor Code, may be filed in the Regional Office where the union is domiciled.19
3. RUNDOWN OF INTER-UNION/INTRA-UNION CASES.
The following is a rundown of all possible inter-union/intra-union disputes :20 1) Inter-union disputes:
(a) Validity/invalidity of voluntary recognition, certification election, consent election, run-off election or re-run election; (b) Such other disputes or conflicts involving the rights to self-organization, union membership and collective bargaining between and among legitimate labor organizations.21 2) Intra-union disputes:
(a) Conduct or nullification of election of officers of unions and workers' association; (b) Audit or accounts examination of union or workers' association funds; (c) Deregistration of collective bargaining agreements; (d) Validity/invalidity of union affiliation or disaffiliation; (e) Validity/invalidity of acceptance/non-acceptance for union membership; (f) Opposition to application for union or CBA registration; (g) Violations of or disagreements over any provision of the Constitution and By-Laws of a union or workers' association; (h) Disagreements over chartering or registration of labor organizations or the registration of collective bargaining agreements; (i) Violations of the rights and conditions of membership in a union or workers' association; (j) Violations of the rights of legitimate labor organizations, except interpretation of CBAs; (k) Validity/Invalidity of impeachment/expulsion/suspension or any disciplinary action meted against any officer and member, including those arising from non-compliance with the reportorial requirement; (l) Such other disputes or conflicts involving the rights to self-organization, union membership and collective bargaining between and among members of a union or workers’ association.22 1-B. OTHER RELATED LABOR RELATIONS DISPUTES 1. MEANING OF “RELATED LABOR RELATIONS DISPUTES.”
“Related labor relations dispute” refers to any conflict between a labor union and the employer or any individual, entity or group that is not a labor union or workers’ association. 23 2. COVERAGE OF RELATED LABOR RELATIONS DISPUTES NOT OTHERWISE COVERED BY ARTICLE 217.
(a) Any conflict between: (1) a labor union and the employer, or (2) a labor union and a group that is not a labor organization; or (3) a labor union and an individual who is not a member of such union; (b) Cancellation of registration of unions and workers associations filed by individuals other than its members, or group that is not a labor organization; and (c) A petition for interpleader involving labor relations.24 “Interpleader” refers to a proceeding brought by a party against two or more parties with conflicting claims, compelling the claimants to litigate between and among themselves their respective rights to the claim, thereby relieving the party so filing from suits they may otherwise bring against it .25 II. ORIGINAL AND EXCLUSIVE JURISDICTION OF MED-ARBITERS, DOLE DIRECTORS AND BLR DIRECTOR
Having known the various cases afore-described, a discussion of the respective jurisdictions of the MedArbiters, DOLE Directors and BLR Director over these cases may now be made with greater clarity. 1. ORIGINAL AND EXCLUSIVE JURISDICTION OF THE MED-ARBITERS. The cases falling under the original and exclusive jurisdiction of the Med-Arbiters are as follows:
(a) Inter-union disputes, also known as representation/certification election conflicts; (b) Intra-union disputes; (c) Other related labor relations disputes ;26 and (d) Contempt cases.27 Excepted from their jurisdiction is cancellation of union registration cases28 which are cognizable by the DOLE Regional Directors. 2. ORIGINAL AND EXCLUSIVE JURISDICTION OF THE DOLE REGIONAL DIRECTORS. The cases falling under the original and exclusive jurisdiction of the DOLE Regional Directors are as follows:
(1) Petitions for cancellation of registration of independent unions, local chapters and workers’ associations;29 (2) Petitions for deregistration of CBAs;30 (3) Request for examination of books of accounts of said labor organizations under Article 274 31 of the Labor Code. On No. 3 [Examination of Books of Accounts] above, there is a need to point out that although by nature, this is an intra-union dispute, the rules treat this separately from those applicable to intra-union disputes and vest jurisdiction thereover in the DOLE Regional Directors and not i n the Med-Arbiters. The case in point is La Tondena Workers Union vs. Secretary of Labor. 32 Intra-union conflicts such as examinations of accounts are under the jurisdiction of the BLR. However, the Rules of Procedure on MediationArbitration purposely and expressly separated or distinguished examinations of union accounts from the genus of intra-union conflicts and provided a different procedure for the resolution of the same. Original jurisdiction over complaints for examinations of union accounts is vested in the Regional Director and appellate jurisdiction over decisions of the former is lodged with the BLR. This is apparent from Sections 333 and 4 ,34 Rule II of the Med Arbitration Rules. Contrast these two sections from Section 2 and Section 5 of the same Rules. Section 2 expressly vests upon Med-Arbiters original and exclusive jurisdiction to hear and decide, inter alia, all other inter-union or internal union disputes. Section 5 states that the decisions of the Med-Arbiter shall be appealable to the DOLE Secretary. These are the provisions consistent with Section 5 of Rule VIII of the Implementing Rules of the Labor Code. 3. ORIGINAL AND EXCLUSIVE JURISDICTION OF THE BLR DIRECTOR . At the outset, it must be stressed that reference in the law and pertinent rules to “BLR”, as far as the issue of jurisdiction is concerned, should rightfully mean “BLR Director.” The BLR Director, therefore, as head of the agency, has the original and exclusive jurisdiction over the following:
(1) Complaints and petitions involving the registration or cancellation of registration of federations, national unions, industry unions, trade union centers and their local chapters, affiliates and member organizations; (2) Request for examination of books of accounts of said labor organizations ( federations, national unions, industry unions and trade union centers) under Article 27435 of the Labor Code; (3) Intra-union disputes involving said labor organizations ( federations, national unions, industry unions and trade union centers) ; and (4) Contempt cases. As far as No. 3 [Intra-Union Disputes] above is concerned, the 2010 case of Atty. Montaño v. Atty. Verceles,36 is relevant. Petitioner here claimed that under the Implementing Rules,37 it is the Regional Director of the DOLE and not the BLR who has jurisdiction over intra-union disputes involving federations which, in this case, pertains to the election protests in connection with the election of officers of the federation (Federation of Free Workers [FFW]) . In finding no merit in petitioner’s contention, the High Court pointed out that Article 226 of the Labor Code clearly provides that the BLR and the Regional Directors of DOLE have concurrent jurisdiction over inter-union and intra-union disputes. Such disputes include the conduct or nullification of election of union and workers’ association officers. There is, thus, no doubt as to the BLR’s jurisdiction over the instant dispute involving
member-unions of a federation arising from disagreement over the provisions of the federation’s constitution and by-laws. It agreed with the following observation of t he BLR: “Rule XVI lays down the decentr alized intra-union dispute settlement mechanism. Section 1 states that any complaint in this regard ‘shall be filed in the Regional Office where the union is domiciled. ’ The concept of domicile in labor relations regulation is equivalent to the place where the union seeks to operate or has established a geographical presence for purposes of collective bargaining or for dealing with employers concerning terms and conditions of employment. “The matter of venue becomes problematic when the intra-union dispute involves a federation, because the geographical presence of a federation may encompass more than one administrative region. Pursuant to its authority under Article 226, this Bureau exercises original jurisdiction over intraunion disputes involving federations. It is well-settled that FFW, having local unions all over the country, operates in more than one administrative region. Therefore, this Bureau maintains original and exclusive jurisdiction over disputes arising from any violation of or disagreement over any provision of its constitution and by-laws. ”38
II. APPELLATE JURISDICTION OF THE BLR DIRECTOR 1. CASES FALLING UNDER THE APPELLATE JURISDICTION OF THE BLR DIRECTOR.
The BLR Director exercises exclusive appellate jurisdiction over the following cases: (a)
All decisions of the Med-Arbiters in (1) intra-union disputes, and (2) other related labor relations disputes.39
NOTE: Decisions in inter-union disputes or representation/certification election conflicts, are NOT appealable to the BLR Director but directly to the DOLE Secretary.40 [See discussion below]. (b)
All decisions originating from the DOLE Regional Directors in the cases falling under their original jurisdiction as enumerated above. 2. APPELLATE JURISDICTION OVER MED-ARBITER’S DECISIONS IN INTER-UNION DISPUTES OR CERTIFICATION ELECTION CASES IS LODGED WITH THE DOLE SECRETARY AND NOT WITH THE BLR DIRECTOR. To reiterate, decisions of Med-Arbiters in certification election cases or inter-union disputes are appealable not to the BLR Director but directly to the DOLE Secretary by virtue of Article 25 941 of the Labor Code. It must be noted that the rule on appeal in certification election cases in unorganized establishments is different from that of organized establishments. (a) Rule on appeal in unorganized establishments. - The order granting the conduct of a certification election in an unorganized establishment is not subject to appeal. Any issue arising from its conduct or from its results is proper subject of a protest. Appeal may only be made to the DOLE Secretary in case of denial of the petition within ten (10) days from receipt of the decision of denial. 42 (b) Rule on appeal in organized establishments. - The order granting the conduct of a certification election in an organized establishment and the decision dismissing or denying the petition may be appealed to the DOLE Secretary within ten (10) days from receipt thereof . 43 3. APPEALS AND REMEDIES FROM DECISIONS OF THE BLR DIRECTOR. a. Jurisdictional distinctions.
The distinctions pointed out above between the respective jurisdictions of the DOLE Regional Directors, Med-Arbiters and the BLR Director find significance in determining which of the cases may be appealed to the BLR Director and those that may be appealed to the DOLE Secretary. Thus, the rule may be stated as follows: (1) Decisions in cases cognizable by the BLR Director in the exercise of his original and exclusive jurisdiction are appealable to the DOLE Secretary; (2) Decisions in cases cognizable by the Med-Arbiters in their original and exclusive jurisdiction are appealable to the BLR Director with the single exception of decisions in certification election or
inter-union disputes which, as earlier emphasized, are directly appealable to the DOLE Secretary as mandated under Article 25944 of the Labor Code; and (3) Decisions in cases cognizable by the DOLE Regional Directors in their original and exclusive jurisdiction are appealable to the BLR Director. b. Remedies.
(1) On No. 1 above. – The decision rendered by the DOLE Secretary in his appellate jurisdiction may be elevated to the Court of Appeals by way of Rule 65 petition for certiorari. (2) On Nos. 2 and 3 above. - The decisions rendered by the BLR Director in his appellate jurisdiction may be elevated directly to the Court of Appeals by way of Rule 65 petition for certiorari. It cannot be appealed to the DOLE Secretary because they were rendered by the BLR Director in the exercise of his appellate jurisdiction. Simply stated, another appeal to the DOLE Secretary is not allowed under the situations contemplated in Nos. 2 and 3 above, the decisions being final and executory.45 4. EXAMPLES OF SPECIFIC CASES. a. APPEALS FROM DENIAL OF APPLICATION FOR REGISTRATION AND CANCELLATION OF REGISTRATION OF LABOR ORGANIZATIONS. For purposes of appeal, the issue of union registration involves two (2) situations, to wit: (1) Denial of application for union registration ;46 and (2) Revocation or cancellation of union registration .47
On denial of application for union registration. (1) If the denial is made by the Regional Office in cases involving application for registration of independent unions, local chapters and workers’ associations, the same may be appealed to the BLR Director; or (2) If the denial is made by the BLR Director in cases involving federations, national unions, industry unions and trade union centers, the same is appealable to the DOLE Secretary.48
On revocation or cancellation of union registration.
(1) If decision is rendered by the Regional Director. - The decision of the Regional Director in the cases over which he has original jurisdiction,49 may be appealed to the BLR Director by any of the parties within ten (10) days from receipt thereof, cop y furnished the opposing party. 50 (2) If decision is rendered by the BLR Director. - The decision of the BLR Director, in the exercise of his original jurisdiction,51 may be appealed to the DOLE Secretary by any party within the same period of ten (10) days, copy furnished the opposing party. 52 b. APPEALS INVOLVING CBA REGISTRATION.
There are two (2) situations involved in the denial of CBA registration, viz : (1) Single-enterprise CBAs. - The denial by the Regional Director of the registration of singleenterprise CBAs may be appealed to the BLR Director within ten (10) days from receipt of the notice of denial. (2) Multi-employer CBAs. - The denial by the BLR Director of the registration of multi-employer CBAs may be appealed to the DOLE Secretary within the same period.53 c. APPEALS IN CONTEMPT CASES.
The person adjudged in direct contempt by the BLR Director may appeal to the DOLE Secretary. 54 5. EXCEPTION WHEN DOLE SECRETARY MAY ENTERTAIN APPEAL DIRECTLY FROM THE DOLE REGIONAL DIRECTOR’S DECISION WITHOUT PASSING THROUGH THE BLR DIRECTOR. The Heritage Hotel Manila v. National Union of Workers in the Hotel, Restaurant and Allied Industries-Heritage Hotel Manila Supervisors Chapter (NUWHRAIN-HHMSC) . 55 In this 2011 case, the Supreme Court allowed a deviation from the standing rule on the appellate jurisdiction of the BLR Director over a decision of the DOLE Regional Director when the BLR Director inhibited himself from taking cognizance of the
appeal from the decision of the DOLE Regional Director because he was a former counsel of respondent. The DOLE Secretary may thus legally assume jurisdiction over an appeal from the decision of the DOLE Regional Director in the event that the BLR Director inhibits himself from the case. In the absence of the BLR Director, there is no person more competent to resolve the appeal than the DOLE Secretary. Thus, jurisdiction remained with the BLR despite the BLR Director’s inhibition. When the DOLE Secretary resolved the appeal, she merely stepped into the shoes of the BLR Director and performed a function that the latter could not himself perform. She did so pursuant to her power of supervision and control over the BLR. III. ADMINISTRATIVE FUNCTIONS OF THE BLR AND LRDs In addition to the afore-mentioned controversies over which they have concurrent original and exclusive jurisdiction, the BLR and the Labor Relations Divisions (LRDs) in the DOLE Regional Offices likewise have concurrent jurisdiction over the following administrative functions:
1. Registration of labor unions; 2. Keeping of registry of labor unions; 3. Maintenance and custody of the files of Collective Bargaining Agreements (CBAs) and other related agreements. 4. Records of settlement of labor disputes; and 5. Copies of orders and decisions of Voluntary Arbitrators. 56 It must be noted thatit is the registration of the labor organization with the BLR and not with the Securities and Exchange Commissin (SEC) which makes it a legitimate labor organization with rights and privileges granted under the Labor Code.57
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E ndnotes:
1
Relevant Provision: Article 226, Labor Code.
2
Section 1 [f], Rule I, Book V, Rules to Implement the Labor Code, as amended by Department Order No. 40-03, Series of 2003, [Feb. 17, 2003].
3
Administrative Code of 1987; La Tondeña Workers Union v. The Hon. Secretary of Labor and Employment, G.R. No. 96821, Dec. 09, 1994.
4
Med- Arbiter is referred to as “Mediator - Arbiter” in Department Order No. 40 -F-03, Series of 2008 [Oct. 30, 2008]. This is but proper since the word “Med” (although without a period that would signify that it is an abridgement of a word. ) , obviously is an abbreviation of the word “Mediator. ” This Department Order was issued by the DOLE
Secretary to implement the changes in the Labor Code brought about by the amendments introduced thereto by R.A. No. 9481.
Section 1 [ii], Rule I, Book V, Rules to Implement the Labor Code, as amended by Department Order No. 40-03,
5
Series of 2003, [Feb. 17, 2003]. Cancellation of union registration cases fall under the jurisdiction of the DOLE Regional Director. 6
M. Y. San Biscuits, Inc. v. Laguesma, G.R. No. 95011, April 22, 1991.
7
Central Negros Electric Cooperative, Inc. v. Secretary of Labor, G.R. No. 94045, S ept. 13, 1991.
8
FFW v. Noriel, G.R. Nos. L-47182-83, Oct. 30, 1978, 86 SCRA 132 .
9
Dinio v. Laguesma, G.R. No. 108475, June 9, 1997, 273 SCRA 109.
10
Section 4, Rule XVI, Book V, Rules to Implement the Labor Code. .
11
A.D. Gothong Manufacturing Corporation Employees Union-ALU v. Hon. Nieves Confesor, G.R. No. 113638, Nov. 16, 1999; Trade Unions of the Philippines v. Laguesma, G.R. No. 95013, Sept. 21, 1994, 236 SCRA 586.
12
Section 1, Rule XXIV, Book V, Rules to Implement the Labor Code, as amended by Department Order No. 40-03, Series of 2003, [Feb. 17, 2003].
13
Diokno v. Hon. Cacdac, G.R. No. 168475, July 4, 2007, citing Bautista v. CA, G.R. 123375, Feb. 28, 2005, 452 SCRA 406, 420.
14
Section 1 [9], Rule III, NCMB Manual of Procedures for Conciliation and Preventive Mediation Cases; Appendix 2 [Definition of Terms], NCMB Primer on Strike, Picketing and Lockout, 2nd Edition, December 1995; Diokno v. Hon. Cacdac, supra; Bautista v. CA, supra.
15
Section 1 [x], Rule I, Book V, Rules to Implement the Labor Code, as amended by Department Order No. 40-03, Series of 2003, [Feb. 17, 2003].
16
Diokno v. Hon. Cacdac, supra, citing Bautista v. CA, supra.
17
Section 1 [bb], Rule I, Book V, Ibid. ; Diokno v. Hon. Cacdac, supra; Bautista v. CA, supra.
18
Section 1 [8], Rule III, NCMB Manual of Procedures for Conciliation and Preventive Mediation Cases; Appendix 2 [Definition of Terms], NCMB Primer on Strike, Picketing and Lockout, 2nd Edition, December 1995.
19
Section 1, Rule VIII, Book V, Rules to Implement the Labor Code.
20
In accordance with Section 1[A], (formerly Section 1) , Rule XI, Book V of the Rules to Implement the Labor Code, as amended by Department Order No. 40-F-03, Series of 2008 [October 30, 2008].
21
Id.
22
Id.
23
Section 1 [rr], Rule I, Book V, Rules to Implement the Labor Code, as amended by Department Order No. 40-03, Series of 2003, [Feb. 17, 2003].
24
Section 1[B] (formerly Section 2) , Rule XI, Book V, Rules to Implement the Labor Code, as amended by Department Order No. 40-F-03, Series of 2008 [Oct. 30, 2008].
25
Section 1 [z], Rule I, Book V, Rules to Implement the Labor Code, as amended by Department Order No. 40-03, Series of 2003, [Feb. 17, 2003].
26
Section 1 [ii], Rule I, Book V, Rules to Implement the Labor Code, as amended by Department Order No. 40-03, Series of 2003, [Feb. 17, 2003]; Section 4, Rule XI, Book V of the Rules to Implement the Labor Code, as amended by Department Order No. 40-F-03, Series of 2008 [October 30, 2008]. See also Article 226, Labor Code; Policy Instructions No. 6; Villaor v. Trajano, G.R. No. 69188, Sept. 23, 1986.
27
Section 4, Rule XVI, Book V, Rules to Implement the Labor Code. .
28
Section 1 [ii], Rule I, Book V, Rules to Implement the Labor Code, as amended by Department Order No. 40-03, Series of 2003, [Feb. 17, 2003].
29
Section 4, Rule XI, Book V of the Rules to Implement the Labor Code, as amended by Department Order No. 40 -F03, Series of 200 8 [October 30, 2008]. If the worker’s association operates in more than one region, the application for registration shall be filed with the BLR or the Regional Offices, but shall be processed by the BLR. (See 2
nd
paragraph, Section 1, Rule III, Rules to Implement the Labor Code, as amended by Department Order No. 40-03, Series of 2003, [Feb. 17, 2003] ) . 30
Section 4, Rule XI, Book V of the Rules to Implement the Labor Code, as amended by Department Order No. 40-F03, Series of 2008 [October 30, 2008].
31
“Article 274. Visitorial power. The Secretary of Labor and Employment or his duly authorized representative is
hereby empowered to inquire into the financial activities of legitimate labor organizations upon the filing of a complaint under oath and duly supported by the written consent of at least twenty percent (20%) of the total membership of the labor organization concerned and to examine their books of accounts and other records to determine compliance or non-compliance with the law and to prosecute any violations of the law and the union constitution and by-laws: Provided, That such inquiry or examination shall not be conducted during the sixty (60) day freedom period nor within the thirty (30) days immediately prec eding the date of election of union officia ls. ” (As amended by Section 31, Republic Act No. 6715, March 21, 1989) . 32
G.R. No. 96821, Dec. 9, 1994, 239 SCRA 117 .
33
Section 3, Rule II of the Med- Arbitration Rules states: “SEC. 3. Jurisdiction of the Regional Director. - The Regional Director shall exercise original and exclusive jurisdiction over application for union registration, petitions for cancellation of union registration and complaints for examination of unions books of accounts. ”
34
Section 4, Rule II of the Med- Arbitration Rules states: “SEC. 4. Jurisdiction of the Bureau. - xxx (b) The Bureau shall exercise appellate jurisdiction over all cases originating from the Regional Director involving union registration or cancellation of certificates of union registration and complaints for examination of union books of accounts .”
35
Supra.
36
G.R. No. 168583, July 26, 2010.
37
See Section 6 of Rule XV, in relation to Section 1 of Rule XIV of Book V of the Rules to Implement the Labor Code.
38
Emphasis supplied.
39
Section 1 [1], Rule III, NCMB Manual of Procedures for Conciliation and Preventive Mediation Cases.
40
Article 259, Labor Code.
41
Entitled “Appeal from Certification Election Orders. ” Prior to the amendment of Article 259 by R.A. No. 6715, the
decisions of the Med-Arbiter in certification election cases are appealable to the Bureau of Labor Relations (BLR) . Now, they are appealable to the Secretary of Labor and Employment. (A’ Prime Security Services, Inc. v. Hon.
Secretary of Labor, G.R. No. 91987, July 17, 1995) . It must be emphasized that as far as intra-union disputes are concerned, the decisions of the Med-Arbiters thereon remain appealable to the BLR. (See Section 1 [1], Rule III, NCMB Manual of Procedures for Conciliation and Pre ventive Mediation Cases) . 42
Section 18 [formerly Section 17], Rule VIII, Book V, of the Rules to Implement the Labor Code, as amended by Department Order No. 40-F-03, Series of 2008 [October 30, 2008].
43
Id.
44
It provides: “Article 259. Appeal from Certification Election Orders. – 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 a ppeal shall be decided within fifteen (15) calendar days .” 45
Abbott Laboratories Philippines, Inc. v. Abbott Laboratories Employees Union, G.R. No. 131374, Jan, 26, 2000.
46
See Article 236 of the Labor Code.
47
See Article 238 of the Labor Code.
48
Section 6, Rule IV [Provisions Commo n to the Registration of Labor Organi zations and Workers Association], Book V of the Rules to Implement the Labor Code, as amended by Department Order No. 40-03, Series of 2003, [Feb. 17, 2003]. The ground that may be cited is either grave abuse of discretion or violation of the Rules to Implement the Labor Code. Earlier, it was provided under Section 4, Rule V, Book V (Labor Relations) , of the Rules to Implement the Labor Code, as amended by Department Order No. 9 dated May 1, 1997, issued by former Secretary of Labor and later Supreme Court Associate Justice Leonardo A. Quisumbing, that the decision of the Regional Office denying the application for registration of a workers’ association whose place of operation is
confined to one regional jurisdiction, or the Bureau of Labor Relations denying the registration of a federation, national or industry union or trade union center may be appealed to the Bureau or the Secretary, as the case may be, who shall decide the appeal within twenty (20) calendar days from receipt of the records of the case. (See National Federation of Labor v. Laguesma, G.R. No. 123426, March 10, 1999) . 49
Such as those filed against a legitimate indep endent labor union, local chapter (formerly known as “chartered local”) or workers’ association.
50
Section 16, Rule XI, Book V, Rules to Implement the Labor Code, as amended by Department Order No. 40-03, Series of 2003, [Feb. 17, 2003].
51
Such as those filed against federation, national union or industry u nion or trade union center.
52
Section 15, Rule XI, Book V, Rules to Implement the Labor Code, as amended by Department Order No. 40-03, Series of 2003, [Feb. 17, 2003] and as renumbered by Department Order No. 40-F-03, October 30,2008. Previously, it was provided in Section 4, Rule VIII, Book V of the Rules to Implement the Labor Code that the decision of the Regional oOffice or the Director of the Bureau of Labor Relations may be appealed within ten (10) days from receipt thereof by the aggrieved party to the Director of the Bureau or the Secretary of Labor, as the case may be, whose decision shall be final and executory. (See National Federation of Labor v. Laguesma, supra) .
53
Id.
54
Section 1, Rule XXIII, Book V, Rules to Implement the Labor Code, as amended by Department Order No. 40-03, Series of 2003, [Feb. 17, 2003].
55
G.R. No. 178296, Jan. 12, 2011.
56
Article 231, Labor Code.
57
Cebu Seamen’s Association, Inc. v. Hon. Pura Ferrer-Calleja, G.R. No. 83190. Aug. 4, 1992.
