LABOR DISPUTE CASE FLOW Rule 65
SEC. OF LABOR
•
•
•
(MED-ARBITER OR REGIONAL DIRECTOR)
(DOLE)
EXCLUSI EXCLUSI VE ORIGINAL JURISDICTION
ORIGINAL JURISDICTION/POWER
“Inter-union disputes” or “representation disputes” which refer to cases involving petition for certification election filed by a duly registered labor organization organization which is seeking to be recognized as the sole and exclusive bargaining agent of the rankand-file employees in the appropriate bargaining unit of a company, firm or establishment. “Intra-union disputes” or “internal union disputes” which refer to disputes or grievances arising from any violation of or disagreement over any provision of the constitution and by-laws of the union, including any violation of the rights and conditions of union membership provided for in the Labor Code. (including conduct conduct of election of o "cers) All disputes, grievances evances or problems problems arising from or a#ecting labor-management labor-management relations in all workplaces, except those arising from the interpretation interpretation or implementation on of the CBA which are subject of grievance procedure and/or voluntary arbitration. Complaints/requests Complaints/requests for examination of unions books of accounts
ADMINISTRATI TRATIVE FUNCTIONS •
•
• •
•
•
•
•
Legend:
ORIGINAL JURISDICTION
Assumption Assumption of jurisdiction jurisdiction over a labor dispute/strike/lockout dispute/strike/lockout in an industry indispensable to national interest Certification to NLRC of strike/lockout disputes in an industry indispensible to national interest for compulsory arbitration Power to inspect, issue compliance orders to give e#ect to labor standards provisions, issue enforcements of writs of execution, order stoppage of work due to grave and imminent danger posed to employees as a result of noncompliance with law/regulations (Art. 128)
• •
Injunction in ordinary labor disputes 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. Injunction in strikes or lockouts under Art. 278 of the Labor Code. Certified labor disputes causing or likely to cause a strike or lockout in an industry indispensable to the national interest, certified to it by the SOLE for compulsory arbitration.
APPELLATE JURISDICTION • •
Rule 65
All cases decided by the the Labor Arbiters Cases decided by the DOLE Regional Directors or his duly authorized Hearing O"cers (under Article 129) involving involving recovery recovery of wages, simple simple money claims and other benefits
APPELLATE APPELLATE JURISDICTION/POWER •
•
•
Approval/denial Approval/denial of application application of registration on labor unions (by BLR or by Regional O "ce); Cancellation Cancellation of registration of labor unions (by BLR or Regional O "ce); Keeping of registry of labor unions; and Maintenance and custody of CBAs.
Denial of application for union registration or cancellation of union registration registration originally rendered by the Regional O "ce Decisions in intra-union disputes
NLRC •
Orders issued by the duly authorized representative representative of the Secretary of Labor and Employment Employment under Art. 128 Decisions of the Med-Arbiter in certification election case. (Art. 272). (NOTE: Decisions of Med-Arbiters in intra-union disputes are appealable to the BLR). Denial of application for union registration or cancellation of union registration originally rendered by the Bureau of Labor Relations (BLR) may be appealed to the SOLE. (NOTE: If originally rendered by the Regional O"ce, appeal should be made to the BLR).
REGIONAL DIR.
LABOR ARBITER
(DOLE) Claims for recovery of wages, simple money claims and other benefits, provided that: must arise from employeremployee relationship; the claimant does not seek reinstatement; and the aggregate money claim of each employee does not exceed P5,000.00 ! •
•
(NLRC Regional Branch Branch)) EXCLUSIIVE ORIGINAL JURISDICTION • • •
•
Rule 43
•
•
APPELLATE JURISDICTION •
Rule 65
COURT OF APPEALS
BLR
•
SUPREME COURT
Rule 45 or 65
NCMB
VOLUNTARY ARBITRATOR
•
Unfair Labor Practice Termination dispute (legality of dismissal) Cases involving wages, rates of pay, hours of work and other terms and conditions conditions of employment, if accompanied with claim for reinstatement reinstatement ; Claims for actual, moral, exemplary and other forms of damages arising from the employer-employee relations; Cases arising from any violation of Art. 279, including questions involving the legality of strikes and lockouts [except those which are indispensible to the national interest] Money claims arising from employer-employee employer-employee relations, accompanied with a claim for reinstatement (which involves a termination case); regardless of whether accompanied with a claim for reinstatement, exceeding the amount of P5,000.00 per claimant (which does not necessarily involve termination of employment), except claims for Employees’ Compensation, Compensation, •
• •
Notice of strike/lockout; Any other disputes disputes submitted by parties for preventive mediation proceedings
•
•
•
Unresolved grievances arising from the interpretation or implementation of the collective bargaining agreement (except Those which are gross in character) after exhaustion of the grievance procedure; and Unresolved grievances arising from the implementation or interpretation interpretation of company personnel policies. (Art. 274); All other labor labor disputes including including unfair labor labor practices and
•