Labor Law Review (9) Require it to submit reports regularly on prescribed forms

(10) Act on violation of any provisions of this Title

Jurisdiction and Remedies
(11) Visitorial Power under Art. 289

CIVIL SERVICE COMMISSION
Art. 276[291]. Government employees The terms and conditions of employment of all government
employees, including employees of government-owned and controlled corporations, shall be governed
by the Civil Service Law, rules and regulations. Their salaries shall be standardized by the National
Assembly as provided for in the New Constitution. However, there shall be no reduction of existing
wages, benefits and other terms and conditions of employment being enjoyed by them at the time of the
adoption of this Code.
Note: GOCC with original charter CSC, GOCC created under the Corporation Code LA.
Art. 289[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 preceding the date of election of union officials. (As amended by Section 31,
Republic Act No. 6715, March 21, 1989)

(1) Administrative enforcer of VAWC leave under R.A. 9262 in case of employees in the government
(12) Any Labor Dispute involving industries indispensable to National Interest:
REGIONAL TRIAL COURTS
(1) Violation of non-compete clause (Portillo v. Rudolf Lietz) (13) Assume jurisdiction; or
(2) Intra-corporate controversies of officers under Sec. 25 of the Corporation Code (See Matlig v.
Coros) Duano: What is the scope of the assumption of SOLE?
(3) Civil and criminal actions arising from Batas Kasambahay
(4) Criminal actions arising from payment of wages other than legal tender (Art. 102) Bangaw (hehe) v. Pilipinas Petroleum Corp. (2014). It is an extraordinary and pre-emptive power. Thus,
(5) Violation of non-interference in the disposal of wages SOLE has full authority to determine all matters in dispute. It is deemed subsumed (absorbed) in the
(6) Retaliatory measures if unlawful act under Art. 118 assumption of jurisdiction by the SOLE.
(7) False reporting of statements, records and report under Art. 119
(14) Certify the same to the NLRC (Remedy on the Certification Order; MR)
SECRETARY OF LABOR (SOLE)
(15) Regulatory Powers Under Art. 36
Powers
(1) Visitorial and Enforcement under Art. 128: (No Appeal; file MR, may only be reviewed via Rule 65 (16) Power to restrict and regulate the recruitment and placement activities within the coverage of this
with the CA) Title
(17) Authority to issue orders and promulgate rules and regulations to carry out the objectives and
(2) Power to inspect employers record and premises at any time of the day or night whenever work is implement the provisions of this Title
being undertaken therein any fact, condition or matter which may be necessary to determine
violations or which may aid in the enforcement of this code of any labor law, wage order or rules (18) Contempt Powers under Art. 231
and regulations issued pursuant thereto.
(3) Power to copy, to question employee or investigate Art. 231[225]. Contempt powers of the Secretary of Labor In the exercise of his powers under this
(4) Power to issue compliance orders Code, the Secretary of Labor may hold any person in direct or indirect contempt and impose the
(5) Power to issue writs of execution appropriate penalties therefor.
(6) Power to order stoppage of work or suspension of operation (Remedy of Adverse Party: Motion to
lift order of stoppage or work or suspension of operation) (19) Power to Issue Alien Employment Permit under Art. 40

Duano: May the SOLE in the exercise of its enforcement power make a determination of e-e
relationship?
Peoples Broadcasting Case (2009): Yes, however, its determination is only preliminary. The final
determination belongs to the NLRC.
Art. 40. Employment permit of non-resident aliens Any alien seeking admission to the Philippines for
employment purposes and any domestic or foreign employer who desires to engage an alien for
employment in the Philippines shall obtain an employment permit from the Department of Labor.
(20) Power to suspend the effects of termination under Art. 292[277](b), last par.

Peoples Broadcasting Case (2012) (MR of 2009 Decision): Yes, SOLEs determination of e-e relationship Art. 292[277](b), last par. The Secretary of the Department of Labor and Employment may suspend the
is co-extensive with the NLRC effects of the termination pending resolution of the dispute in the event of a prima facie finding by the
appropriate official of the Department of Labor and Employment before whom such dispute is pending
(7) Visitorial Power under Art. 37 (Duano: authorized representative always refers to RD) that the termination may cause a serious labor dispute or is in implementation of a mass lay-off.

(8) Inspect the premises, books of accounts and records of any person or entity covered by this Title (21) Power to investigate violation of apprenticeship agreement upon complaint or motu proprio
 (1) Orders issued by the Regional Director and His Authorized Representative under the Visitorial and
(22) Plant Apprenticeship Committee receives the complaint for violation of apprenticeship agreement Enforcement Power
(23) In case of failure to PAC to settle the issue, the appropriate TESDA Provincial Office or its duly (2) Decision of the BLR rendered in its Original Jurisdiction in Union Registration (Denial of Application
authorized representative shall refer the case to the DOLE Regional/Provincial Official to render or Cancellation of Registration)
decision. (3) Decision of Med-Arbiter in Certification Election Cases
(24) The decision of the DOLE Regional/Provincial Office shall be appealable to the DOLE within 5 days (4) Decisions of POEA
from the decision under Art. 66
(25) The DOLE Secretarys decision shall be final and executory
(26) File MR with SOLE PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION
(27) File petition for certiorari with the CA under Rule 65 Original and Exclusive
(28) In case of adverse decision, file MR Note: Administrative in character (Remedy: Appeal to the DOLE Secretary)
(29) In case MR is denied, file petition for review on certiorari under Rule 45
The POEA shall exercise original and exclusive jurisdiction to hear and decide:
(30) Power to determine the fair and reasonable value of board, lodging and facilities customarily
furnished by the employer (Art. 97(f)) (1) All pre-employment recruitment violations cases which are administrative in character, involving or
(31) Power to regulate payment of wages by results (Art. 101) arising out of violations of Rules and Regulations relating to licensing and registration, including
(32) Power to determine when check or money order may be allowed (Art. 102) refund of fees collected from the workers or violation of the conditions for issuance of license or
(33) Power to determine place of payment of wages (Art. 104) authority to recruit workers; and
(34) Power to determine circumstances where indirect payment to employees may be allowed (Art. (2) Disciplinary action cases and other special cases, which are administrative in character, involving
104) employers, principals, contracting partners and OFWs processed by the POEA
(35) Power to accept payment of wages in case of death of the employee (Art. 105(b))
(36) Power to act as referee in dividing amount of wages to the heirs in case of death of employee (Art. Note:
105(b))
(37) Power to issue regulations to restrict or prohibit the contracting-out of labor (Art. 106, par. 3) (1) Only Licensed and Authorized Agencies are subject to the Administrative proceedings of the POEA.
(38) Power to determine when employer may be allowed to make deductions as to the wages of Those not licensed nor authorized are subject to criminal prosecution through the assistance of the
workers POEA before the RTC
(39) Power to determine whether deposits for loss is necessary and desirable (Art. 114) (2) The POEA has no more jurisdiction over monetary claims of OFWs, the same having been
(40) Power to issue regulations for the maintenance of employment records in aid of its enforcement transferred to the LA by virtue of R.A. 8042, except for refund of fees. The POEA can still assume
and visitorial powers (Art. 128(f)) jurisdiction
(41) Power to provide appropriate regulations in case medical and dental services required from Concurrent Jurisdiction (SOLE)
employers having not exceeding 50 employees (Art. 163[157](a)) Power to suspend and/or cancel license or authority under Art. 35/LC (Romero v. People, G.R. No.
(42) Power to establish the qualifications, criteria and conditions of employment of health personnel 171644, November 23, 2011)
(Art. 166[160])
(43) Power to set and enforce mandatory occupational safety and health standards and update existing
TECHNICAL EDUCATION AND SKILLS DEVELOPMENT AUTHORITY
programs (Art. 166[162])
(44) Those cases (which may refer to ULP) that are submitted or ascribed in national interests cases (1) Rule Making Power under R.A. 7796, Sec. 36
under Art. 279(g) (SOLEs assumption of jurisdiction or certified labor dispute to NLRC) under Art.
279(g) REGIONAL TRIPARTITE WAGE PRODUCTIVITY BOARD
(45) Those cases (which may refer to termination disputes) that are submitted or ascribed in national (1) Power to determine and fix minimum wage rates applicable in the region, provinces industries
interests cases under Art. 279(g) (SOLE assumption of jurisdiction or certified labor dispute to therein;
NLRC) under Art. 279(g) (2) To issue the corresponding wage order subject to the guidelines issued by the NWPC;
(46) Power to issue regulations in relation to industrial and homeworkers and field personnel (3) Issue exceptions from Wage Order subject to the Review and Approval by NWPC (Remedy: Appeal
(47) Power to call a national, regional or industrial tripartite conference of representatives of to the NWPC within 10 days from publication of such Wage Order. It is mandatory for the NWPC to
government, workers and employers for the consideration and adoption of voluntary codes of decide such appeal within 60 calendar days from the filing thereof)
principles designed to promote industrial peace based on social justice or to align labor movement
relations with established priorities in economic and social development (Art. 290[275](b)) Note: Appeal will not stay the implementation of Wage Order, unless there is a bond
Concurrent Jurisdiction (POEA Administrator)
(1) Power to suspend and/or cancel license or authority under Art. 35/LC (Romero v. People, G.R. No. NATIONAL WAGES AND PRODUCTIVITY COMMISSION
171644, November 23, 2011) (1) Power to Review Regional Wage Levels set by RTWPBs to determine if these are in accordance with
Appellate Jurisdiction the prescribed guidelines and national development funds (No Appeal: may only be reviewed via
Rule 65)
(2) Appellate jurisdiction over wage Orders issued by the RTWPB
(3) Review and Approve Exceptions from Wage Orders
 DOLE REGIONAL DIRECTOR OR DULY AUTHORIZED HEARING OFFICERS (a) Over matters decided by the GSIS and SSS which shall decide appealed cases within 20 working
(1) Power: Visitorial and Enforcement under Art. 128 (Amount is immaterial because the issue here is days from the submission of the evidence (Art. 182[176])
with the violation of the Labor Standards Law) (Remedy: MR within 7 days, then, Appeal to the (b) In case of adverse decision of the ECC, file MR.
DOLE Secretary within 10 days, Rule 65 with CA, MR, Rule 45 with SC) (c) If MR is denied, file a petition for review under Rule 43 with the CA
(d) In case of adverse decision, file MR
(a) Power to inspect employees record and work premises (e) In case denied, file petition for review on certiorari with the CA
(b) Power to issue compliance orders
(c) Power to issue compliance orders GOVERNMENT SERVICE INSURANCE SYSTEM
(d) Power to issue writs of execution Exclusive Jurisdiction
(e) Power to order stoppage of work or suspension of operation (a) Settle any dispute arising from Title II of Book IV with respect to:

Note: Balladares, (2009). The visitorial and enforcement powers of the RD to order and enforce (1) Coverage
compliance with labor standards can be exercised even where the individual claims exceed P5,000. (2) Entitlement to benefits
However, the presence of the following elements will divest the DOLE-RD of jurisdiction (the RD will have (3) Collection and payment of contributions
to endorse the case to the LA): (4) Penalties in relation thereto
(5) Any other matter related thereto (Art. 186[180])
The presence of the following elements will divest the DOLE-RD of jurisdiction (the DOLE-RD will have to
endorse the case to the LA): SOCIAL SECURITY SYSTEM
Exclusive Jurisdiction
(a) That the Employer contests the findings of the labor regulations and raises issues thereon;
(b) That in order to resolve such issues, there is a need to Examine Evidentiary Matters; and (a) Settle any dispute arising from Title II of Book IV with respect to:
(c) That such matters are Not Verifiable in the Normal Course of Inspection
(1) Coverage
(2) Money claims under Art. 129 (amount immaterial) (recovery of wages, simple money claims and (2) Entitlement to benefits
other benefits under the following requisites (Remedy: Appeal to the NLRC within 5 days, no MR) (3) Collection and payment of contributions
(4) Penalties in relation thereto
(a) Arising from e-e relationship (otherwise, regular courts) (5) Any other matter related thereto (Art. 186[180])
(b) No reinstatement (otherwise, LA)
(c) Does not exceed P5,000 (otherwise, LA) LABOR ARBITER
(d) More than 5k, e-e relationship exist Under Art. 217, Labor Code

(3) VAWC Leave (Rule VI, Sec. 42 of IRR of VAWC) GR: Cases arising from e-e relationship
(4) Labor disputes arising from Batas Kasambahay XPN: Seafarer or OFW which has POEA-approved employment contract but was not deployed

(a) In case of failure of mandatory mediation/conciliation, compliance order shall be issued within 10 (1) ULP includes violations of CBA which are GROSS in character (flagrant and/or malicious refusal to
days from submission of the case of resolution comply with the economic provisions) (retaliatory measures in case it is ULP under Art. 259)
(b) In case of adverse decision, file MR within 10 days from receipt of resolution.
(c) In case of adverse decision of the MR, file appeal with the Secretary of Labor within 10 days from Note: If violation of the CBA is NOT GROSS, it is not considered as ULP, else jurisdiction is with Voluntary
receipt thereof. Arbitrator (Art. 261)

(5) Power to issue compliance order regarding terms and conditions of employment by homeworkers (2) Termination Disputes (or illegal dismissal case) unless the parties decide to submit the same to
(6) Complaints for violations of labor standards and the terms and conditions of employment involving voluntary arbitration (Atlas Farms v. NLRC, 2002)
money claims of homeworkers in an amount of NOT more than P5000 per homeworker (3) Money Claims which may be classified into two:
(7) Administrative enforcer of VAWC leave under R.A. 9262 pursuant to Rule 129
(8) Power to call a national, regional or industrial tripartite conference of representatives of (a) Any money claim, regardless of amount, accompanied with a claim for reinstatement (which
government, workers and employers for the consideration and adoption of voluntary codes of necessarily involves termination of employment as the principal action); or
principles designed to promote industrial peace based on social justice or to align labor movement (b) Any money claim, regardless of the claim of reinstatement, exceeding the amount of P5,000 per
relations with established priorities in economic and social development (Art. 290[275](b)) claimant (which does not necessarily involve termination of employment)

EMPLOYEES COMPENSATION COMMISSION XPN: Money claims for Employees Compensation, Social Security, Philhealth and Maternity Benefits are
not cognizable by the LA since these claims are cognizable by other Government Agencies such as SSS
Exclusive Jurisdiction and Philhealth.
(a) Issue writ of execution in case of decision, or resolution which has become final and executory (Art.
188[182](b)) (4) Claims for damages (actual, moral, exemplary and attorneys fees) arising from e-e relations;
Appellate Jurisdiction (includes counter-claims of employers, damages & attorneys fees of the civil aspect of a criminal
 case under the Labor Code)
(5) Cases arising from violations of Art. 264 of this Code, including questions involving the Legality of
Strike and Lockouts, except those staged in industries indispensable to the National Interest the
following may take cognizance: (1) The President; (2) DOLE Secretary himself may certify them to
the NLRC for compulsory arbitration
(6) Wage Distortion cases in Unorganized Establishments not voluntarily settled by the parties
pursuant to R.A. 6727
(7) Enforcement of Compromise Agreements when there is non-compliance by any of the party
pursuant to Art. 227
(8) Money Claims of OFWs, disability or death benefits under R.A. 8042, as amended by R.A. 10022
Note: Estate of Dulay v. Aboitiz Jebsen Maritime, Inc. (2012). It is only in the absence of a CBA that
parties may opt to submit to either the NLRC or to Voluntary Arbitrations
(9) Other cases provided by law.
Other Jurisdiction
(1) Contested Cases Under the Exception Clause of Art. 128(b), as amended by R.A. 7730 (Visitorial and
Enforcement Powers of the DOLE Regional Directors)
The presence of the following elements will divest the DOLE-RD of jurisdiction (the DOLE-RD will have to
endorse the case to the LA):
(d) That the Employer contests the findings of the labor regulations and raises issues thereon;
(e) That in order to resolve such issues, there is a need to Examine Evidentiary Matters; and
(f) That such matters are Not Verifiable in the Normal Course of Inspection
(2) Rehabilitation Receivership only Suspends the jurisdiction of the LA; Once the receivership
proceedings have ceased and liquidation takes place, monetary claims may resumed to be asserted
to the LA
(3) Wage Distortion Cases ONLY in Unorganized establishments
(4) Direct Contempt under Rule 9, Sec. 1 of the 2011 NLRC Rules of Procedure
Note: Land Bank of the Philippines v. Listana, Sr. (2003). With respect to INDIRECT CONTEMPT, the
prevailing rule is, quasi-judicial agencies that have power to cite persons in indirect contempt pursuant
to Rule 71 can ONLY do so by initiating them thru the proper RTC. It is not within the jurisdiction and
competence to decide the indirect contempt cases. These matters are still within the province of the RTC
Note: Although the case has been decided in 2003 and the NLRC Rules has been promulgated in 2011,
such Rules of Procedure cannot however supersede an SC Ruling under the principle of Stare Decisis
which has the force and effect of law as if an integral part thereof from the time such law became
effective
(5) Money claims and illegal dismissal of Employees of Cooperatives; however with respect to issues
on Termination of Membership (members), the LA has no jurisdiction under R.A. 6938
(6) Illegal dismissal cases involving priests and religious ministers with respect to their e-e relationship
or employment; However, the LA has no jurisdiction on issues of excommunication or expulsion
from the Membership
(7) Cases involving employees of GOCCs WITHOUT Original Charters (those organized by the
Corporation Code)
(8) Private Corporation Employees except Corporate Officers under the by-laws or appointed by the
Board (RTC), unless such officer is also holding another non-corporate position. The LA under this
case has jurisdiction. The person would be considered as a corporate officer and employee at the
same time.
(9) Legality of Deduction for Tax Purposes intertwined with the main issue of employees full payment
of benefits arising from e-e relationship
Note: Motion to Dismiss based on JVRPF, before mandatory conciliation and mediation conference may
be filed otherwise prohibited; Denial Unappealable, Remedy: file position paper
NATIONAL LABOR RELATIONS COMMISSION
Note: The NLRC DOES NOT HAVE ORIGINAL JURISDICTION on the cases over which the LA has Original
and Exclusive Jurisdiction (No appeal, may only be reviewed via Rule 65)
Original Jurisdiction
(1) Injunction or TRO 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 and
irreparable damage to any party;
(2) Injunction in Strikes and Lockouts under Art. 264 (An aggrieved party may directly file an injunction
despite the pendency of the case pertaining to the legality of the Strike or Lockout with the LA or
VA)
(3) 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
(4) Direct Contempt under Rule 9, Sec. 1 of the 2011 Rules of Procedure
(5) Indirect Contempt
(6) Annulment or Modification of Orders or Resolutions (by verified petition) of the LA during
execution proceedings (writ of execution, etc.) under Rule 12, Sec. 1 of the 2011 NLRC Rules
Exclusive Appellate Jurisdiction
(1) All cases decided by the LA
(2) Direct Contempt Cases decided by the LA
(3) Cases decided by the DOLE-RD or his duly authorized hearing officer (under Art. 129) involving
recovery of wages, simple money claims and other benefits not exceeding P5,000 and not
accompanied by a claim for reinstatement
(4) Extraordinary Remedy (Duano calls it Mini certiorari) under 2011 NLRC Rules, Rule XII
BUREAU OF LABOR RELATIONS
Original and Exclusive
(1) Inter-Union Dispute or Representation Dispute which refers to cases involving 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 in the appropriate
bargaining unit of a company, firm of establishment
Note:
(a) If ORGANIZED, the grant or denial is appealable
(b) If UNORGANIZED, the DENIAL shall be appealable, GRANT may only be reviewed via Rule 65
(2) 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
(3) All disputes, Grievance or Problems arising from or affecting labor management relations in all
work places, except those arising from the interpretation and implementation of the CBA which
are subject to grievance procedure and/or voluntary arbitration.
Administrative Functions
(1) Registration of Labor Union (Multi-employer)
(2) Keeping Registry of Labor Unions VOLUNTARY ARBITRATORS
(3) Maintenance and Custody of CBAs Original and Exclusive Jurisdiction

Appellate and Exclusive Remedy: Appeal to the CA under Rule 43

(1) Over cases decided by the Regional Labor Relations Office
(2) Med-Arbiter on Intra-Union Disputes Duano: Appeal of VA to the CA under Rule 43 is 10 days lang since ang controlling ay Labor Code
(substantive) rather than ROC (procedural)
Remedy: Petition for certiorari via Rule 65 with the Court of Appeals
(1) ULP if the parties agree that it be submitted to voluntary arbitration (Art. 275)
DOLE LABOR RELATIONS REGIONAL OFFICE (2) Termination disputes upon agreement of the parties under Art. 275, LC
Original and Exclusive (3) All Unresolved Grievances arising from CBA (SIMPLE violations NOT GROSS in character, otherwise,
LA (since ULP))
(1) Inter-Union Dispute or Representation Dispute which refers to cases involving petition for (4) All Unresolved Grievances arising from Company Policies;
certification election filed by a duly registered labor organization which is seeking to be recognized (5) All Unresolved Wage Distortion Cases in Organized Establishments (Art. 261)
as the sole and exclusive bargaining agent of the rank-and-file employees in the appropriate (6) All Labor Disputes including ULP (not GROSS in character) and bargaining deadlocks, upon
bargaining unit of a company, firm of establishment agreement of the parties
(7) Over Strikes and Lockouts
Note:
(8) Before or at any stage of the compulsory arbitration process, the parties may opt to submit their
(c) If ORGANIZED, the grant or denial is appealable dispute to voluntary arbitration (Art. 263(h))
(d) If UNORGANIZED, the DENIAL shall be appealable, GRANT may only be reviewed via Rule 65 (9) Illegality of Strikes and Lockouts, if parties mutually agree to submit the same to VA, otherwise LA

(2) Intra-Union Disputes or Internal Union Disputes which refer to disputes or grievances arising (10) National interest cases
from any violation of or disagreement over any provision of the constitution and by-laws of the (11) Unresolved grievances for interpretation/implementation of CBA
Union, including any violation of the rights and conditions of union membership provided for in the
Labor Code Note: Termination Disputes (legality of the employees dismissal for LACK of JUST CAUSE & LACK OF DUE
(3) All disputes, Grievance or Problems arising from or affecting labor management relations in all PROCESS)
work places, except those arising from the interpretation and implementation of the CBA which
are subject to grievance procedure and/or voluntary arbitration. GR: Not grievable
Administrative Functions XPN: Atlas Farms v. NLRC, (2002). When the parties express agree to submit such issue to voluntary
arbitration (in the CBA).
(4) Registration of Labor Union (single-enteprise)
(5) Keeping Registry of Labor Unions Note: Haleguena v. PAL. Constitutionality/Legality of CBA provisions is with the RTC
(6) Maintenance and Custody of CBAs
(12) Money claims arising from interpretation/implementation of CBA
(13) All unresolved grievances arising from the interpretation and implementation of productivity
incentive programs under R.A. 6971;
THE PRESIDENT
(14) All other labor disputes including unfair labor practices and bargaining deadlocks, upon agreement
(1) Compulsory training of apprentices under Art. 70(b) of the parties.

Art. 70(b). When (a) national security or (b) particular requirements of economic development so
MED-ARBITRERS
demand, the President of the Philippines may require compulsory training of apprentices in certain
trades, occupations, jobs or employment levels where shortage of trained manpower is deemed (1) Certification Election Cases of Labor Organization (Inter-Union Disputes) as the exclusive collective
critical as determined by the Secretary of Labor and Employment bargaining unit in a certain establishment (Remedy: Appeal to DOLE Secretary)
(2) Intra-Union Disputes (Remedy: Appeal to BLR)
(2) The President shall not be precluded from determining the industries that, in his opinion, are
indispensable to the national interest, and from intervening at any time and assuming jurisdiction, GRIEVANCE COMMITTEE/MACHINERY
over ANY such LABOR DISPUTE (causing or likely to cause a STRIKE or LOCKOUT) in order to settle (1) Interpretation or Implementation of the CBA;
or terminate the same under Art. 236(g) (2) Interpretation or enforcement of company policies;
(3) Wage Distortion cases in organized establishment, and if remains unresolved to the voluntary
Remedy: Appeal to the CA under Rule 43 arbitrators or panel of arbitrators which shall decide within 10 calendar days from the time it is
referred to voluntary arbitrators (Art. 124, par. 4)
Duano: The President can act as Voluntary Arbitrator in National Interest Cases
Note:
(a) All grievances submitted which are NOT settled within seven (7) calendar days from the date of its
submission shall automatically be referred to Voluntary Arbitration prescribed in the CBA
(b) Halaguena v. PAL. Constitutionality/Legality of CBA provisions with the RTC

NATIONAL CONCIALIATION AND MEDIATION BOARD

(1) Has jurisdiction over conciliation, mediation and voluntary arbitration cases:

(a) Preventive mediation and conciliation functions

(b) Voluntary arbitration programs
(c) Maintains/updates a list of voluntary arbitrators
(d) Compiles arbitration awards and decisions
(e) Provides counseling and prevention mediation assistance in administration of Collective
Agreements

(2) Filing of Notices of Strikes and Lockouts

(3) In case of Wage Distortions in unorganized establishments, and if it remains unresolved within 10
calendar days it shall be referred to appropriate branch of the NLRC (LA) (Art. 124, par. 5)

Duano on Money Claims

LA Art. 224(a)(3). No specific amount, must be termination dispute

Art. 224(a)(b). Exceeds P5,000, with or without reinstatement
SOLE/RD Art. 128(b). There must be e-e relationship, there is no termination yet, regardless of
amount
RD Art. 129. Below P5,000, without reinstatement. (Remedy appeal to the NLRC within 5
from receipt of copy of resolution)