report in problem areas in legal ethics
TRANSCRIPT
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Quasi-judicial bodies which
exercises jurisdiction over Laborcases
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A. With Original Jurisdiction
Labor Arbiters(Art. 217); National Labor Relations Commission (NLRC);
Bureau of Labor Relations (BLR)/Regional
Office(Art. 226); DOLE Regional Directors/duly authorized
hearing officers(Art. 129);
Grievance Machinery and Voluntary
Arbitrators(Art. 260);
Secretary of Labor and Employment/his duly
authorized representatives(Art. 128);
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B. With Appellate Jurisdiction
National Labor Relations Commission (NLRC);
Secretary of Labor and Employment; and
Director of the Bureau of Labor Relations.
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LABOR ARBITERS
What is the nature of jurisdiction of Labor
Arbiters?
The jurisdiction is original and exclusive in nature.
Labor Arbiters have no appellate jurisdiction.
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What are the cases falling under the
jurisdiction of the Labor Arbiters?Labor Arbiters have jurisdiction over the
following cases :
Unfair labor practice (ULP) cases;
Termination disputes (or illegal
dismissal cases);
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Cases that workers may file involving wages,
rates of pay, hours of work and other terms and
conditions of employment, if accompanied withclaim for reinstatement;
Claims for actual, moral, exemplary and other
forms of damages arising from the employer-
employee relations;
Cases arising from any violation of Article 264of this Code, including questions involving the
legality of strikes and lockouts; and
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Except claims for Employees Compensation,
Social Security, Medicare and maternity
benefits, all other claims arising fromemployer-employee relations, including
those of persons in domestic or household
service, involving an amount exceedingfive
thousand pesos (P5,000.00) regardless of
whether accompanied with a claim for
reinstatement.
If the amount is less than (P5,000.00) it shallfall under the jurisdiction of the DOLE
Regional Director
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NLRC
What are the two kinds of jurisdiction of the
NLRC?
Original jurisdiction; and
Exclusive appellate jurisdiction.
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Original jurisdiction
Injunction in ordinary labor disputes to enjoinor restrain any actual or threatenedcommission of any or all prohibited or unlawfulacts or to require the performance of a
particular act in any labor dispute which, if notrestrained or performed forthwith, may causegrave or irreparable damage to any party.
Injunction in strikes or lockouts under Article264 of the Labor Code.
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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 Secretary of Labor andEmployment for compulsory arbitration.
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Exclusive appellate jurisdiction
All cases decided by the Labor Arbitersincluding contempt cases.
Cases decided by the DOLE Regional Directors
or his duly authorized Hearing Officers (under
Article 129) involving recovery of wages,
simple money claims and other benefits not
exceeding P5,000 and not accompanied byclaim for reinstatement.
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What is the distinction between the
jurisdiction of the Labor Arbiters and the
NLRC?
The NLRC has exclusive appellate jurisdictionon
ALLcases decided by the Labor Arbiters. The NLRC
does not have original jurisdiction on the casesover which Labor Arbiters have original and
exclusive jurisdiction. If a claim does not fall within
the exclusive original jurisdiction of the Labor
Arbiter, the NLRC cannot have appellate
jurisdiction thereover.
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BLR/LRD
The BLR has original and exclusive jurisdictionover the following:
on all inter-union and intra-union conflicts, and all
disputes, grievances or problems arising from oraffecting labor-management relations in all
workplaces, whether agricultural or non-
agricultural, except those arising from the
implementation or interpretation of collectivebargaining agreements which shall be the subject
of grievance procedure and/or voluntary
arbitration.
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Labor Relations Division handles the same
cases of Bureau of Labor Relations in the
Regional Offices of the Department of Labor
and Employment.
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REGIONAL DIRECTOR
Under Article 129, the Regional Director orany of the duly authorized hearing officers of
DOLE have jurisdiction over claims for
recovery of wages, simple money claims andother benefits, provided that:
the claim must arise from employer-employee
relationship;
the claimant does not seek reinstatement; and
the aggregate money claim of each employee
does not exceed P5,000.00
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GRIEVANCE MACHINERY
Cases falling under the jurisdiction of the
Grievance Machinery are those grievance
arising from:
the interpretation or implementation of the
Collective Bargaining Agreement (CBA); and
the interpretation or enforcement of company
personnel policies.
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(NOTE: All grievances submitted to the grievance
machinery which are not settled within seven (7)
calendar days from the date of its submission
shall automatically be referred to voluntaryarbitration prescribed in the CBA)
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VOLUNTARY ARBITRATORS
The Voluntary Arbitrator (or panel of
Voluntary Arbitrators) has original and
exclusive jurisdiction over the following:
all unresolved grievances arising from the
interpretation or implementation of the
collective bargaining agreement afterexhaustion of the grievance procedure; and
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all unresolved grievances arising from the
implementation or interpretation of company
personnel policies. (Article 261).
all other labor disputes including unfair labor
practices and bargaining deadlocks, uponagreement of the parties. (Article 262).
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SECRETARY OF LABOR AND
EMPLOYMENT
When may the Secretary of DOLE assumejurisdiction of a labor dispute and what are itseffects?
When, in his opinion, the labor dispute maycause or is likely to cause a strike or lock-out inan industry indispensable to the nationalinterest. Such assumption shall automaticallyenjoinall intended or impending strikes or lock-outs or, if one has already taken place, it shallrequire all striking or locked out employees toreturn to work on pain of dismissal.
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What are the cases falling under the DOLE
Secretarys appellate power?
Orders issued by the duly authorized
representative of the Secretary of Labor and
Employment under Article 128 (Visitorial and
Enforcement Power) may be appealed to the
latter. (Art. 128).
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Denial of application for union registration or
cancellation of union registration originally rendered
by the Bureau of Labor Relations (BLR) may beappealed to the Secretary of Labor and Employment.
(NOTE: If originally rendered by the Regional Office,
appeal should be made to the BLR).
Decisions of the Med-Arbiter in certification election
casesare appealable to the DOLE Secretary. (Art.
259).
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