Employee – includes
Labor/Trade Union – combination of workmen a. any employee, not limited to the employee of
organized for the purpose of securing through united any particular employer (unless the Act
action the most favorable conditions such as wages, explicitly states otherwise) and shall include
hours of labor, etc. for its members.
b. any individual whose work has ceased as a
-a completely organized body of dues-paying consequence of or in connection with any
members operating through elected officers and current labor dispute and
constituting a militant, vital and functioning organ.
c. who has not obtained any substantially
equivalent and regular employment.
*Every LABOR UNION is a LABOR ORGANIZATION; NOT
every LABOR ORGANIZATION is a LABOR UNION.
A labor organization can be deemed as an employer
when it is acting as such.
Basic Purpose of Labor Union:
Art. 219 – DEFINITIONS (some important ones) 3. Working conditions (unrectified work
hazards)
5. Certification to NLRC
6. Injunction – an extraordinary remedy; not 1st to 6th division – cases from NCR and other parts of
favored in labor law; issued by the NLRC Luzon (MM)
7. Judicial action – offenses against persons or 7th to 8th division – cases from VisMin (Cebu and CDO)
property, criminal case of ULP and illegal Chairman - Presiding Commissioner of 1 st Division
recruitment
7 members from public sector – Presiding Commissioner Chairman and members of the commission – same as
of 2nd – 8th division Presiding Justice and Associate Justice of CA
If Chairman is not available, Presiding Commissioner of Labor Arbiter – same as judges of RTC
2nd division will be the acting Chairman
Commission Attorneys
Labor Arbiter (Regional Arbitration Board)
-members of Phil. Bar, 1 year experience in the
EXCLUSIVE AND ORIGINAL (COW ViDa TOUR >5,000)
field of labor management relations
1. Enforcement of compromise
-no more than 3 assigned to office of Chairman
agreements
and each commissioner
2. Monetary claims of overseas
-coterminous with commissioners
contract workers arising from
employer-employee relations
65 years old, the president may extend up to 70 years Note: Arbitration by the Labor Arbiters – COMPULSORY
old upon recommendation by the Commission en banc ARBITRATION
2. Petition to annul or modify the order or a. Any time during work hours
resolution
i. Establishment, building,
3. Petition for injunction or TRO ship or vessel
4. Cases of national interest certified by the ii. Ask any laborer for
Sec. of Labor or the President information or data
concerning any matter
EXCLUSIVE AND APPELLATE relative to the object of
1. Cases decided by the labor arbiter investigation
2. Cases decided by the regional director or 6. Power to issue injunctions and TRO
hearing officer on small money claims.
POWER
a. Administer oaths
b. Summon parties
a. Conduct investigations
2. Reception of testimonies – may be e. Decision rendered on evidence,
delegated to LA contained in record and disclosed
Art. 228
APPEAL
Non-lawyers may appear before the
Grounds for appeal
commissioner or LA only if:
1. When there is a prima facie evidence of grave
1. He represents himself as a party to
abuse of discretion on part of the LA
the case
2. If the decision, order or award is secured
2. He represents a legitimate labor
through force or intimidation including graft or
organization which is a party to the
corruption
case
3. If made purely on questions of law
3. He represents a member or
members of a legitimate labor 4. If the serious error or findings of facts are raised
organization that exists within the which would cause grave or irreparable damage
employer’s establishment who are or injury to the appellant
parties to the case
*if not appealed on time decisions become final and
4. He is a duly accredited member of executory and cannot be amended
any legal aid office recognized by
the DOJ or IBP Perfection of appeal: 10 calendar days which runs from
the receipt of the counsel of the appellant or 5 calendar
5. He is the owner or president of a days in case of appeal from decision of a regional
corporation or establishment party director of the DOLE. There is no distinction between
to a case filing and perfection of an appeal.
Appeal Bond
*no substitution of attorney will be allowed unless there
is a filed: If the decision appealed from has a monetary award, a
monetary bond is required.
a. written application for substitution
*Property bond is accepted.
-only for issues of jurisdiction and grave abuse
of discretion
Reduction of Bond
*NLRC decisions cannot be appealed to the Sec. of
-motion to reduce bond shall be only upon meritorious
Labor
grounds and only upon the posting of the bond in
relation to the monetary award
-self-executory
Voluntary Arbiter EO No. 251 ordains that the conciliation, mediation, and
voluntary arbitration of the BLR shall be absorbed by
EXCLUSIVE AND ORIGINAL
the NCMB (under the supervision of Sec. of Labor)
1. Unresolved grievances arising from the
1. Where notices of strike or lockout are filed
interpretation or implementation of the
CBA 2. Jurisdiction over conciliation, mediation and
voluntary arbitration cases
2. Arising from the interpretation or
enforcement of company personnel policies 3. Performs preventive mediation and
conciliation functions
*upon agreement of the parties, other labor disputes
including ULP and bargaining deadlocks 4. Administers the voluntary arbitration
program
Regular courts
3. Civil/criminal cases
1. Voluntary arbitrator
2. Secretary of labor
a. Status/relationship of parties
d. Length of service