LABOR DISPUTE
65
CASE FLOW
Rule 65
BLR
(MED-ARBITER OR REGIONAL DIRECTOR)
EXCLUSIIVE ORIGINAL JURISDICTION
• “Inter-union disputes” or “representation disputes”
which refer 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 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 of election of officers)
• All disputes, grievances or problems arising from or
affecting labor-management relations in all
workplaces, except those arising from the
interpretation or implementation of the CBA which
are subject of grievance procedure and/or voluntary
arbitration.
• Complaints/requests for examination of unions
books of accounts
ADMINISTRATIVE FUNCTIONS
• Approval/denial of application of registration labor
unions (by BLR or by Regional Office);
• Cancellation of registration of labor unions (by BLR
or Regional Office);
• Keeping of registry of labor unions; and
• Maintenance and custody of CBAs.
APPELLATE JURISDICTION
• Denial of application for union registration or
cancellation of union registration originally rendered
by the Regional Office
• Decisions in intra-union disputes
Legend:
APPEAL (Rule)
COURT OF APPEALS
SEC. OF LABOR
(DOLE)
ORIGINAL JURISDICTION/POWER
• Assumption of jurisdiction over a labor
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 effect 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 non-
compliance with law/regulations (Art. 128)
APPELLATE JURISDICTION/POWER
• Orders issued by the duly authorized
representative of the Secretary of Labor and
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 Office,
appeal should be made to the BLR).
NCMB
• Notice of strike/lockout;
• Any other disputes submitted by
parties for preventive mediation
proceedings
Rule 45 or SUPREME COURT
Rule 65
NLRC
ORIGINAL JURISDICTION
• 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
• All cases decided by the Labor Arbiters
• Cases decided by the DOLE Regional Directors or his duly authorized Hearing Officers (under
Rule Article 129) involving recovery of wages, simple money claims and other benefits
65
REGIONAL DIR. LABOR ARBITER
(DOLE)
(NLRC Regional Branch)
Claims for recovery of wages,
simple money claims and other EXCLUSIIVE ORIGINAL JURISDICTION
benefits, provided that:
• must arise from employer- • Unfair Labor Practice
employee relationship; • Termination dispute (legality of dismissal)
• the claimant does not seek
reinstatement; and
• Cases involving wages, rates of pay, hours of work and
other terms and conditions of employment,if
• the aggregate money claim
accompanied with claim for reinstatement ;
of each employee does not
• Claims for actual, moral, exemplary and other forms of
exceed P5,000.00 .
Rule 43 •
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]
VOLUNTARY ARBITRATOR • Money claims
• arising from employer-employee relations,
accompanied with a claim for reinstatement
• Unresolved grievances arising from the interpretation or (which involves a termination case);
implementation of the collective bargaining agreement (except • regardless of whether accompanied with a claim
Those which are gross in character) after exhaustion of the for reinstatement, exceeding the amount of P5,
grievance procedure; and 000.00 per claimant (which does not necessarily
• Unresolved grievances arising from the implementation or involve termination of employment), except
•
interpretation of company personnel policies. (Art. 274);
All other labor disputes including unfair labor practices and
claims for Employees’ Compensation, SSS,
Philhealth and maternity benefits
bargaining deadlocks, upon agreement of the parties. (Art. 275) • Wage distortion cases in unorganized establishments
• Wage distortion cases in organized establishments