- BOOK FIVE: LABOR RELATIONS RODUCTION fF Relations is the inleractions between the oyer and employees or their representatives gra the mechanism by which the standards and diner terms and conditions of employment are. regotaied, adjusted and enforced (2 AZUCENA, Se Labor Code with Comments and Cases, 8 Ediion (2013), p. 12) {hersinatter 2 AZUCENAy, Labor Relations Laws define the status, rights, and duties and the institutional mechanisms thal am the individual and collective interactions of employers, employees or their representatives Note: Absent ari’employer-employee relation, there i no labor relation 10 speak of. If there is no emphyeremployee. ‘felationship between . the partes, there is mo basis for organizing “for. purposes of collective bargaining, : Labor Relations may be distinguished from_Labor. ‘Standards in that the latter is thal pert of labor law which prescribes the minimum terms and conditions of employment which tite emplayersis required to grant to its employees. || \ ) 3 TITLE ONE: POLICY AND DEFINITIONS CHAPTER |. GENERAL PROVISIONS =| ARTICLE 218: DECLARATION OF POLICY Collective bargaining process is passible anly when there is a labor organization: =< 4. tabor union; or ¥ 2 Employee association. “~” A Labor relations policy under the’ Labor Cade is embodied in See. 3, Ar. Xil_ of the 1987 Constitution which guarantees to-all: workers their tight, among others, to: * 1 Sel cuanictons mark lective bargaining and negotiations, Peaceful and congerted activites indudity the fight to strike in accordance with law; and Patticipate in policy and decision-making Processes affecting their rights and benefte 35 May be provided by law. a en Senrcartecnacrie————# ce MARLA REGGTEL IHN $. DIONISIO over- MARITON CARATGANDO, GOLANGCO, Ad chipereen, LAN DAVID M. JUANICO swhles! She Eig ALEXVI CHRISTIE G. THERESA ssoperson for academic operations, M, _APOLINAY UMULAK, CAROLYN NUEVECO, ISON Cewts p."ONG chuirpenon for sublet nes MINA 'M- CARLING, MARION J. MANUEL, Feasn Perm eTTesom for ESPINA, Meher Shor TANARL, DIOMDELIA wrretan § ae EI vie JeTH NYC: . WERG: Mal ee ca ECE oem a NA Satan athe SEC Gee champereea fer eectrouie dat > special laws CANTLLEANNALYN epee Pra A legislation and epee NM. TOMARONG Og PATRICK STEPHEN M. Ct MAICAH fipessan for logjstics na Tern AMTFILO.viow-chatrpersom a On the other hand, Labor Relations Policy under Art. 218 of the Labor Code provides for: 1. Free collective bargaining and negotiations, inciding voluntary arbitration, mediation and Conciliation, as modes of setting \abor or industrial disputes; Free trade unionism; Froe and voluntary organization: Enlightenment of workers conceming their rights and obligations: Adequate administrative machinery; Stable but dynamic and just industrial peace, Participation of workers in decision and policy making processes affecting their rights, duties and welfare; and 8. Truly democratic method of regulating the relation between employers and employees. sen Nee ie8 to Labor Ratations Cases: Employee's organization; 2. Management; é ‘The pubtic ~ aiways.t0 be conisidered in dispute ‘between labor and capital, and it has been held {Oi" that the “‘rigfits of the general public are paramount;and 4. The State.* ¥ Note: Employer and employees are active parties white the public and the state are passive parties (2 POQUIZ, Labor Refations Law with Notes and Comments, (2006), p.3} frereinafter 2 POQUIZ]. Principle of Non-Oppression mandates capital ‘and labor not te. act oppressively against each other for impair the intorest and convenience of the public. + The:protection to ‘abor clause in the Constiution is not designed to oppress or destroy capital (Capill v. NLRC, GR. No..497378, March 26, 1997). ‘Adigla 218.01 the Labor Code mentions conciliation, mediation and voluntary arbitration as “akemative o=="mades of setttement of labor dispute,” to the more: acvargaral strikes, lockouls or any mass concerted _ Beton. Conciliation is @ process where a disinterested thitd party meets with management and labor. at their request of otnenwise, during a labor dispute or + jin collective bargaining conference wherein by cooling tempers, aids the parties in Toaching an agreament.lecdiat rty studies. ocess where a third par Meda aps aa sults» opeen the dispulants to consider. But a modiator car make an award or render a decision. fers to an Entry Approach {SEnA) tet i ndont presen je prove a spend, impart sive and acces them fron ripening into full blown disputes (For thorough ciscussion, see Rules of Procedure of the Singts Entry Approach). Arbitration is the submission of a dispute fo an iimpartat person for determination on the basis of evidence and arguments of the parties. The arbiter's decision or award is enforceab'e upon the cisputents. This maybe either » voluntary or compulsory. g S further discussion of Artclo See Article 266; “te 218(a). <= CHAPTERU. DEFINITIONS =O] ARTICLE 219: DEFINITIONS Employer inchides: =~, One who emptoys the services of Ganer for whom employees work and who pays their Wages or salaries (Feat ‘University v. Bautista, GR. No. t-21278, Decernber 27, 1966); or Any person acting in ithe interest ef an. ‘one employer, directly or indirectly. The tam does.” Rot include @ labor orgarization or any af te officers and agents, except when acting as an ‘act that respondent is a _ The tenn shalt not of @ particular explicitly states. be limited to the empto eS employer unless the Code SAN Bea COLLEGE OF Law 382016 CenTRALiZEO Ban OreraTions AN & Betetatiby any act defined “aS ULP under te | LEG a piguet Types of Employees under the Labor Codg | 4. Managerial; 2. Supervisory: and 3, Rank-and-file. Labor Organization is any wiion ot associ employees which exists in whole or in Part oe purpose of collective bargaining with os te @ conceming terms and conditions of. empiyag® Legitimate Labor Organization (LL0} 6 ay, | arganization which iS duly registered wh fe the term includes a localchapter directly ch } by a leptimate federation or naticnal union has been duly reported to the one accordance with Section 2, Rulo Vl, Bok Val | Implementing Rules (See notes undor aay 96 | and 287 of the Labor Coda) ; thief ==Comipany Union is any labor organization function or administration has bee | formation, Coxe \ ' coe PA he } Bargaining Representstivé means o \sjtinas Jabor Organization whether or not employed by te employer. Labor Dispute incites any controversy or matir | concerning: r { 4. Terms or. Conditions of employment; or 2 Association or representation of ‘persom A Negotiating, fixiag, maintaining, changing « arranging the, terms and conditions 2,3 employment regardless of whether te | °y [Sisputants stand in the proximate relator & “employer and. employee. Test a; Weiner; # involves or concerns tens Fee o"S.SF snployment, or representation (5 Com.” Empioyeos Union-PTGWO * “srsantira, @R-No. 87700, June 13, 1990). iB¥en: the “question of empioyer-employee ee “onship can be considered a “labor displ Noted: A labor dispute ia diferent fromm an ft Corporate dispute which arises from int catporats relations: relationshigs beret a among stockholders: or the relationships be" ¥ the ‘stockrolders and the corporation (GH Ancheta, G.R No, 175301, august 15, 2012) Types of Labor Disputes 1. Labor Standarss Disputes (WBC) Working hazards); i Benefits (e.g nonpayment of noley | overtime pay or other benefits): 200 rected ¥* Sonditions (e.g. um—— pensation (8.9. underpayment of & Fiimum wage, Stinger oulput quote jnogal nay deductions). lations Disputes (TRO-BC) 2 vase Revment Tenure disputes (e.g. non. * (eqlenzation of | empfoyaes, — itlega| fernination, non-issuance of employment contract): . resentation sisputes (eg. Glemnation of the collective bargaining ont, ULP, sirke, uncertainty as to determination of the sole and exctusive bargaining agent of the employses in an appropriate bargaining unit which is ine majority union}: Qrgenizational right dispute/untarr fabor pracice (€9. COBrCiOn, restrain! or ieterteronca in unionization efforts. reprisal ot discrimination Gus to union activites: company unionism): Bargaining disputes (e.¢. refusal toba’yddn| [> (WLP), bargaining~ deadiock, economic’ * sinka or lockout;end 4&3 VE Gontract administration or personnel policy disputes (e.g. noncompliance wih CBA” = provisions (ULP-if-gross flon-comphance with economic provers); cistegard. of gievance machingiy; vidletidn Parties to a Dispute \. Primary Parties a. Employer; b. Employees; and & Union. 2 Secondary Parties & Voluntary arbitrator, = 9 x b, Agencies of DOLE (BER, VAG): & NRG; oa $. Secretary of Labor, and: ®. Office of the President. = LABOR RELATIONS Mediation; Review by Court; enciation: Gompromisa Agreement: Certficaton to NLRC: Erforcorent Compliance Order: fication ing Represen eer ncn, Sd Reser Arbitravcn (Volunary or Compulsory) 1. Assumption af dunsdasons Panom! Appeal; and Imunetion. Voluntary Arbitrator (ANCA) 1. Any person Accredited by the Board as such; 2 Any person Named or designated in the CBA by the parties to act as their Voluntary Arbitrator, 8 One Ghosen with or without the assistance of the NationalConcitiation and Mediation Board ‘Bursuent to @ Selection procedure agreed upon in the CBA;-ar ade {APY official that may be Authonzed by the 5 - Secretary of Labor to actas Voluntary Arbitrator 2 “upen the writen request and agreement of the parties to a labor diepute. TITLE TWO, NATIONAL LABOR RELATIONS COMMISSION =~ SepNegsen a CHAPTER |. CREATION AND COMPOSITION ARTICLE 220: NATIONAL LABOR RELATIONS ‘COMMISSION (NLAC} + (tis an atiminstrative body wih quasi-judicial functions. ahd the principat government agency that * “hears and decides labor-management disputes: ‘allached ‘to the OLE for program and policy {panordingtion only: & TY Combesition 4" One (1) Caiman: and Sex", Twenty-three (23) Members. Managoriad €; ead jsion.- foyee is one who ts véstad With. DMI tl ist Domes oF pretoyetves 10 lay down and-execuie There: “are eight (8) divisions with tes 8 Srgiirent oleies andior to tire, transfer OME Cot member as Pres Ia i oF 5 fogarty off, recall, discharge, assign ES sone ne-employees, 8 neex*ory Employees are those wto, in the teh sof tte employer, effectively recommend Anggg meetal actions if the exercise of such Srey R0lIneraly routinary oF clerical in mature ‘ the use of independent judantent. ay inger f8 Hot falling within any of the above re rank-and-file employees. 4 "sin Lang A Srey or Disputes {GMRC*IA*l) Mange Posedues siding Commisioners sie Gremmen and the seven (7) remaining mempers shall come from the public sector, with {To tatter to be chosen preferably from among the Incumbent Labor Arbiters. Members ; maining este in the division shall be The wo romatter chosen only from among the et 2 ee cof i) the Woxkers’ and (2) he employers organizalions. Sats BEDA COLLEGE OF LAW. 2016 CENTRALIZED Bar OPERATIONS 89Upon assumption Inio office, the members nominated by the workers and employers ‘organization shall divest themselves of any affiiation with, or interest in the federation or association to which they belong, Note: The composition of the NLRC is trisectoral. Tripartism is the representation of the three sectors in the policy making bodies of the governmant namely: 1. Publicor government: 2. Employers; and 3. The workors, Tripartism is observed in numerous. government agencies or insirumentaliies ameng::them, the NLRC. . Thera is no need) for. the Commission on Appointments to confi the postions in the NURC:, Such requirerent has! no constitutional. b: (Calderon v. Cerale, GR. to. (97636, Aprt 23, 1992) 4 Allocation of Powers and Bunctions of NLRC: 1. En Bane * 1 Boe, a. Promulgation of, rules and regulations governing the hearing: and :disgosiion of Cases before any of ts divisions and regional branches, 4 &, Formulation of policies affecting, ite administration and -pperations: and ‘8, On temporary or emergency basis, to allow ‘cases within the jurtecietion of any division tobe heard and decided ty “any other division whase docket allows the additonal workload and such Wranstor wil not oxzose lidgants to unnecessary agaitonal expense, 2 Division (Eight (8) Divisions with Three (3) Members each) 2, Adjudieatory; ~ 7 b. Allother powers, functions and duties; and ¢, Exclusive appellate jurisdiction cver cases within their respective territorial jurisdiction, Adjudication of Cases: {C*) 4, The NLRC adudicates cases by division A Gon currence of twa (2) votes is needed for a valid judgment, Whenever the required mombership in a dMision 1s not Complete and the concurrence of the Commissioners to arrive 2t @ judgment or resolution cannot be obtained, the Charman shail designate such number of actttional Commissioners from the other divisions as may be necessary. San Bena Cont Fce OF LAW 90 215 CereTRALLZFL Bar OPERATIONS o ___ LABOR RELATIONS 2. shall be mandatory for ihe division ta meet for purposes of Consultation, he conclusion of 8 division on any casy sudmitiad to it for decision should be reached consultation before the case is assigned tg 4 member for the writing of the opinion 3, A Gartification to this effect signed by tha presiding Commissioner of the division shall bp issued (copy attached to the record of the cag, ard served upon the parties), Jurisdiction Exclusive and Original 1, Certified cases - cases cemtified to i for ‘compuisary arbitration by the SOLE under Ar, 278 .r the President under Art, 279; “2:lnjunetion cases under Ars, 225 and 278; ané 3. Contempt cases, (A. {Verified Petition: and. 4 5 Pettion to annul oF- modify the orter o i jresolutién “(including thase issued cuirg execution proceedings) of the Labor Astiter (2011 NLRC Rules of Procedure. Rule Xt (Extraordinary Remitaes}}. Exclusive Appellate: 4, Cases decided by Labor Arbiters under At 224(b) of the Labor Gade and R.A. 8042, Sec 19. & Cases decided. by the Regional Offces of DOLE in the oxercise of is adjudicloy ~ “ jlunsticn under Art_.129 of the Labor Code over 3 [Monetary claims of workers amounting to nol more than P. 5,000; and ‘Contemp! Cases decided by the Labor Arbte> ae ¢ the LABOR CODE, Book V, Ruie 2H eT! vs ® jo Appellate Jurisdiction Over Decisions Rendered by: J.~Voluntary Arbitrator; 2. "SOLE, ane “LR Director on casea appealed trom t “DOLE Regional Offices. Such decisions must be appealed to tha CA. Judicial Review: cl The findings of facts of a labor sit \ccorded the utmost respect by the courts welnigh concise f supported by shetty evidence (Tan v. NLRC, GR. Ne” Novernber 24, 1998), ue Potitions for certiorart (RULE 65 of the FUE OF COURT) agcinat sacitone of the NLRC Sy henceforth be initially fled with ineLABOUR RELATIONS ad ais in SA observance of the doctrine on the perch ‘courts as the appropriate forum for the seed Tne Count boreal © ocearay (on eB Ove UTICA! OF ambiguous factyal aese frorn the imcreased number of 10 ansions (St Martin Funeral fore © RPGR Wo. 130608, September 16, 1998) er cannes 20 not subject to Barangay tiation $10E ‘ordinary rules of procedure are foptory In character vis-d-ws_I000F a y Gone intl mc are primanty governed By labor Laws erty ¥- E8290. GR Nos 62211-12, March worha, The Rues shah only opoly whencver 2 Jeabe a coment (RULES OF COURT. Rule 1. SC. 4) LE 224: HEADQUARTERS, BRANCHES PROVINCIAL EXTENSION UNITS Ai Gommissan and as first, second, thd, fauth. inand sixth divisions ahi ave their mann ches fi popottan Mania, and ive seventh and eighth Fen ne ction of Cabs and Canaan De Oro. respectively. ARTICLE 222: APPOINTMENT AND QUALIFICATIONS : { Quaifications of the - Chairman ‘a Commissioners: ortlust be 2 member of the Philippine Bar: 2 Musthave been engaged in the practice of ow Ih the Phiigpines for at ieaot fifteen (15) yoann 3. Musi have expenance Or exmasure iF ‘handing labor management relations for at least ve (°) years; and 1. Preferably a resident of the fegion where he is to hold office. cea Qualifications of Executive Labor Artiterfs: 4. Musi be members of the Prutppine BAF. 2. Must have been engaged in the pra! of aw oe Philippines for at least ter (10) years: a <5 3. Must have experience of exposure 1 handing lebor management relations for at teast five (5) years (LABOR CODE, An. 222)- Tum of Office of | the Chairman, Commissioners, and Labor Arbiters Wey Shall hold offics during 9! Y reach the age of 65 unless removed (O apaciated fiises as rowed by law ‘or become in charge the function af his office: Provided, however, that the President OF Re tbe He of the Philippines may ‘extend the services nee wommissioners ‘and Labor Arbiters UP t© um age of seventy (70) years upon Excl racommentalion of me commsson en banc {LABOR CODE Art 221) ARTICLE 223: SALARIES, BENEFITS AND OTHER EMOLUMENTS ons The Chairman and members of the Cormmssor shall nave the same rank rovewe an anes SAmaTY equivsent 10 and be enitied to the save soe. tebrement and penefis 25, those of ME resting Justice and Assomete Jushcos: a he Court of Ropeals. respectively Labor Araders ghall have the same rank, (ecene@ 37 annual salary squvelent to andi pe ented 10 Oe same ahowances rebrement avd other benefits and privieges as those of the yudges of the regrora! el cours: CHAPTER Il. POWERS AND DUTIES ARTICLE 224; JURISDICTION OF THE LABOR ARBITERS AND THE COMI Reasonable Gaunal Connection Rule Tinere is a reasonable causal conniecbon Bahwoee) the sain pesered and the employer erihoves Oe a pen tne case «9 wren the YisTACOO Of aaarcaurs, In the abeence of sych nexus, tS Ne ‘cousts that Rave n (Kawachi v Dot requar ‘Quere. GR. No. 763068, March 27, 2007). cee it s necessary to cetemine ah «sve eeNghue or clams arising fram an ext Oye oh eeiatansnip (Mar. v. NLRC: GAR. No en ‘202961, February 4, 2018) sive and Original Jurisdiction of Labor provided under this Code. Ine tas obreranse and excusve “Paper Arbiters shall hava ongee! ‘within 30 calendar jufisqicuon to Near and decide Uays: after the submission partios for decision without ex epgence of stenegraphic notes; te Foon Coe oe solving al worers, whether 33 Me TOR ggreuitura: (DUR-OOVE-TV£O) corecrams fer actual, moral exemplary and 8 er forms of Damages arsing from Er-Ee relations: 2 ULP cases: ‘Tha Labor Arbiter has junssiction only ‘ver the evil aspect of ULP, he enna! aspect puing lodged wath the reqular courts. (LABOR CODE, Art, 250, last Par) 3. Waccompanied witha claim for Reinstatement. hase thar workers fle invohang wages. rates of Note: San Bed COLLEGE OF LAW tm CENTRALITED BAROPERATIONS «© OLgee TR RELATIONS a 3 & ‘ pay, hours of work and other terms and ‘conditions of employment: 4. Wage Distortion disputes in Ponayd establishments not voluntarily sewed by parties pursuant to R.A. 6727: 5. Monetary claims of Overseas workers arising from Er-Ee relations under R.A. 804: amended by RA. 10022; 8. Cases arising trom any Yiolaton of Ar 278 including questions involving the tegality strikes and lockout; 7. Excent claims for Employment Compensation. Socal Security. Phiheatth and maternity benefits, all other claims arising from Er-Ee those of persons in regardioss, of orien mount exceeding PS,000 regardless, of omer The with geet or reinstatement. ‘The juisdision-otilebar Arbors fs not imted to claims ansng vom Based on Sec. 100FR.A. B42, Labor Arbiter. have jurisdiction not aly oWet indncy claims: arising out of an Er-Ee-refationship but also “by Wiruo of any faw or cirtract involving Filipino Workers for overseas ‘deployment including dans tor aca, moral, exemplary.and. cibge forms of damages" (Santiago v. GF Sharp Crew Management Int.. GRAN. 168419, July 19, 20 \ aa } J, Note: in order for the” Uabor Arbiter.to. assume F/ jurisdiction over the money claim, the OCW must have a cettfication from POEA (Philippine National Bank v. Cabaasaiy 'G.R. NO. 157010, June 21, 2005). i 8. Termination disputes (llegar Disthissal Cases); 9. Cases under Art. 126(0} of tre-Labor Code (Mistonal and Enforcement ipowsts ofthe DOLE Secretary); Note: The jurisdiction of the Labor Arbiter: found in the excoption clause of Ant 126(6 where the empioyer contests the findings of the labor employment and enforcement officer and faises issues supported by documentary proofs ‘which wore not considered in the course of inspection (E.0. 111, December 24, 1986). White it is tue that under Aris. 129 and 224 of Yhe Labor Code, the Labor Arbiter has junsdiction to hear and decide cases where the aggregate money claims of each empioyoe ‘exceeds five thousand pesos (P5,000.00}. said provisions of law do not contemplate nor cover the visitoral and enforcement powers of the Secretary of Labor or his duly authorized representatives (Ex-Bataan Veterans Security 92 SANBEDA COLLEGE OF Law 2016 CENTRALIZED BAR OPERATIONS x trea ancy, Inc. v. Laguesms, GR No. 1 ewember 20. 2007) Se 40, Enforeement of Compromise agreemens wee is non-cortolance By ary of Be pace ant to Art. 232: 11, Diner cases 25 may De Provided Dy law, Although the provision speaks of Mee original jurisdiction of Labor Artes, et cases enumerated may instead be Submitted y 5 casetany. avbirator bY agreement of tw pant under Art. 274 of the Labor Code. The law prefers voluntary over compsen, abitration. ses thal @ Labor Arbiter can hear and ee ot robied, Where no Eo Mitticnshn exists between the patties and no sae fe involved wheD may be resolved by reference the Labor Cade. other Jaber states, oF ay Er-Ee rolaiinshyps.} [, (Goleowe bargaining agreement. 1s the Regina Tral Court that has jurisdiction (Lapama CAgricultural:Dev Goip. ¥. CA, GR. No. 11259 varuary 31, 2000), ¢ ‘The Labor Arsiter his jurisdiction te award net oy the reliefs provided by fabor laws but also darays governed by the Civ Gode (Bartez v. Valiewia GR No, 128024, May 9,'2000) The original and exchisive junsdiction of the Lax Arbiter under Art 224 for money claims only to atising from statutes of comas ~: ther‘than fhe CBA (San Jose v. NLRC, GR Me “Ay124227, Aligust-47; 1998). Ine Votlunary’ Acbitrator or Panel of Vout! “Acbitrators wit “have orginal and excsoe jurisdiction over“money claims ansing fom pretation ‘OF implementation of the CBA # rose arising ‘trem the interpretation of et ert of company personne! policies (De! Mio nitpomnes. Inc. v. Saldivar, GR. No. —“Gotober 11, 2006) Exceptions to the Original and St") Jurisdiction of Labor Arbiters st | 1. When the SOLE or the President exec | Power under to assume jussdiction Oy | National interest cases and decide the” | | (LABOR CODE, Art 278(g)): wa? 2. When the NER ercegsos #8 0% compulsory arbitration over simile “ype interest cases that are certified '@ Fi SOLE pursuant to the exercise by the ue his certification under the same CODE. Art. 278(q)); ne1 cases arise from ihe interpretation or the prrentation of collective Bargaining ements: and from the interpretanon or forcement of company personne! polic) nfo deposed ol by the Labor Avater refering the Same ‘o the grievance: 2 pnery and volnlary atitraion, 2s may be Trowded in sad agreertenls, (LABOR CODE, or oacr 2011 NLRC Rules of Procedure Rule V. See. 1%, 299 when the partes agree to submit the case to Wrortary arbitration before a Voluntary Mypiration er canal of Voluntary Arbitrators we, uider Ars. 274 and 278 cf lhe Labor Gof, are also possessed of Original anc Enusive jursdiction to hear and decide: cases Fratually submritiad to them by the parties for artitration arid] adjudication. cases which must ‘be Referred to Grievance Mactinery and Voluntary Arbitration MI Tho following are cases Which must ba disposed of by he Labor Arbiter by referring. the Bame Io aevance machinery ard Voluntary azhitralion:.. T Dspules on tha._~ interpretation, ‘implementation of CEA:and — | Disputes on the interpretation or bnforcetnent of comoany parsonnel policies (2081, NURE Rufes of Procedure, Rule V, Sec;.1); i i S Ne.utadicion over the Following: 1, Fatelan governments. (JUSMAG-Phiippioes. v MAC, GR No, 108813, December 15, 1994) except when the function of the foreign entity portakes of the nature of a proprietary actly. impliedly tivosted itself. pef ils sovereign immunity from suits; 9S, ‘ntemational agencies (Lasan . UNRFNRE. ‘i a ‘Nas, 103095109107, (Feerusry. 23. 1 a ta: ‘mp age a by 4 or 2 UABOR RELATIONS 7. The aggregate money claim does not exeoed P5000 pesos and witncut clam for reinstatement (Rajah Humaoon Hotel, Inc. v. ee G.R, Nos, 100222-23, September 14, Chaim of employes for cash prize under the Innovatian Program of the compary. although arising from employer-employes relationship. ne requiring application of general crvil law On contracts which = within the jurisdiction of the Fequiar cours (San NMgual Corp. v. NERC. GR. No, L-B0774, May 31, 1988); Cause of action is based on quast-delict or tort which has no reasonable conection with any of the daime enumerated in Az, 224 of the Code such 23 complaint for damages for malicious prosecution against the employer (Peps! Cola Distributors of the Piuippines, Ine. v. Gallang. GR. No, 89627, September 24, 199) 0. Complaint apsing Irom violabon of @ waiving agreamant (Singapore Aires Limited v. Pavia, IAL £@RNo. L-47739, dune Be, 1983) {1 Whos jhe Labor Arbor. is an ipoanveniert CO) "Forun’iunder the Dostine of Forum Non Conveniens (Conmunicstion Materials and Design, Ine. v. CA GR, No. 102223, August 22.1996) Note: Under tha: Rule of Forum on Non Conveniens, a Fhvlippine Court or agency may assume junsdietion ovar the case fI{ chopses 10 dose provided: a. That the Philippiae Gourt is one to which the _<__ parties may ¢onvenienily resort to: @mplcyer-employee relation’, eluding those of persons domestic or household serch’ involving an amount ‘ive thousand pesos (P5000) Fegardiess of wet “accompanied with a claim @ rainstatemnont. t ry in aid of his and enforcement powers, 228: POWERS OF THE COMMISSION a. Administer istering oaths: Powers ofthe NLRC (;CoRIC) C enna Paros 1. Power to Investigate - involves the Suance of Subpoenas. power 3 Lc Inet ated cntaongg & Bebmmensen ABOR cOnE Mg judicatory power including. Onde and regulations toncering: a. Original Jurisdiction 2 asES 3B Aeelat rcton b inerar one . Power to issue Compulsory protesses — v8 whe a (nvohes. the folowing: & Geter which may be necessary © SAN BEDA Couece OF LAW 54 2016 Centraize0 Ban OreRar TONS Purpose of the Labor Code— 1 to iasue Injunctions and restainng 5 dors: and Goniompt power (2017 NLRC Rulos of 6 Procedure. Rute IX) 1,228: OCULAR INSPECTION wr chaiman. any Cortmissioner, Labor Arbiter or im duy authorize? representalives may, at during working hours: wconduct an ocular Inspection " getablishment, building, ship, place or premises, including any work, material, implement, machinery, appliance or any object inerein; and 2, Ask any employes, laborer, or any person as the case may be for any Information. or date, concerning any matter or quesifon relative to ihe object of the investigation. anytime " on any This inspection power is adjunct, to, the, adjudicatory function ‘and is cifferent ftem Are 128(2 AZUCENA, supra.at 84). — . ARTICLE 227: TECHNICAL RULES NOT BINDING AND PRIOR RESORT 70 AMIGABLE SETTLEMENT ¥ t ances) Administrative and quastjudiclat bodies the the NLRC ae not bound by technical- rules “ot procedure in the adjudication, of cass (Ford Phils. Sileried Employees Assoc.’ y. NLRC, GR, No. 15347, December 11, 1987). \ Rules of evidence are not strfotly observed in the proceedings before the NLRG (Bantolino v. Coca- Cole Bottiers Phils., Inc., GR; No. 183660, June 10, 2003), formal or tialtype hearing is riot al all times and 'n all instances essential to due. process, the | = fequiraments of which are satisfied where parties a alforded reasonable opportucily to expialn theit Side of the controversy at hand (Llora Motors, -lniqivraensio== ‘Dalon, G.F, No, 62895, Novernber 7, 1989). Notwithstanding Art. 227, the Supreme Cour had he fotowing 10 say regarding the lax application of ‘uraltules before quasi-ludicial proceedings: Gondor Tules are not ta be bolitled, lel alone "ssed simply because thelr non-observance peyghMe resulted in prejudice to a party's carne! Fonts, Utter disregard of the rules Ot be justly rationaized by harping on the te ° likeral construction (Daikoky Electronics 2109} ¥. Raza, GR, No. 107680, June 5, MAOQUK RELATIONS Note: Res judticate applies only to judicial or quasi- Judicial proceedings and not to the exercise of adminstatve powers 2s well as proceedngs Rurely auministrative i nature, Therelore. wren the administrative proceedings take on an adversary character, the doctine of tes judicata centainly Apples (Heirs of Maxmino Decia v. Heirs of Gataina Derla, GR. No. 157717, Apo 13, 2011) ARTICLE 228: APPEARANCES AND FEES Appearance of non-lawyers before the Commission (See 20/1 NLRC Rules of Procedure, Rule di) Attorney's Fees: 1. Art. 144 (Simple Manetary Ciaim) 3. The maximum amount to be given a lawyer (or his tegal assistance rendered is 10% of the (otal monelary awatd adjudged the employees excluding the award for moral ) and exemplary damages. To demand more than this is uniawhut, The-atiomey's fees may be awarded only when the withhokting of wages 's declered ‘unter ¢ ©. The basis of the 40% attorey's fees is the amount of the wages recovered 4, Should there be any olher monetary awards given jn the proceedings, he same may not be assessed: or subjetied to the 10% attorney's fees. 3._ Art. 228 (Appegtances and Attomey's Fees) a. Allomey's fees for CBA negotiations and Conelusion shalt be in the amount agreed uupen by. the parties to be laken irom the uuhion funds and not from individual union members. This Aficio prohibits the payment of Allorney’s fees only where the same Is ‘effected through forced contributions from the- workers fram their own funds as distnguished [rom union funds. Nether the lawyer nor the union itself may require the individual workers to assume the obligation {0 pay the attomey’s fees from their own pockets. Any agreement to the ‘conlrary shail ba null and vor SAN BEDA COLE OF Law 2016 CENTRALIZED BAR OPERATIONS 95.qa ee A. Article 114 v, Article 228 atnbits the award of Prohibits the payment | atomeys foes which|attomeys fees | Only eroeeds ten peroant}when ik ie fected (10%) of the amount of| throug’ orcad wanes recovered, Contrzuson from the) workers fom ther own | funds as distinguished trom union funds. 2 it Purpose: To fix the{Purpese: To prevent mvt on the amount of|the imposition on the aitomey’s fees. The|workers of the duty to, lwictorious party may|individually....contrisute | 1 i | LABDR RELATIONS _ nO ita | E.0. 251 removed from the jurisdiction of all labor-management disputes, unces labor-management problems oF dips TOF exercised by other offices such 95 thy toe regional offices, the Office of the s: Labor, NLRC, POEA, owwa, Sss.eco'f regional wage and productivity boards, reg even the feguler courts over intra disputes. nie Note: The parties may, by agreemen, sete ny differences by subrviting their case to a vouye arbitrator rather than taking the case to the Sup conéilation, mediation and volun functions of the BLR. BER vy. DOLE Art. 226 of the Labor Code claarly provides ta tg recover in any itheir resneotive shares 2 and the Regional Directors of DOLE tne rita den sto wb pat) Ealtern asladiotin etre ain an ie Proceeding. "5, Jthe allorney for his) eneurrent ur (Montero v."Verceles, GR. i i. salyivies thous, A) Be cues aro. - e4 EO Ae y CHAPTER Wi. APPEAL LOTHENLAG | E “tled.Arbiter is dn officer in the regional offer « } (RE ReS ee bureau authorized t.hear, conciliate, and dene ARTICLE 225: APPEAL (So@ 2011 NLRC Ryies, © representation cases oF assist in the dispositon ile Wy | } intra or inter-union disputes. Mio R reine \ ARTICLE 230: EXECUTIONOF DEGISiONS, Note: The Méd-Arbiter is possessed af the pow Rae eee OR AWARDS (800-2017 ALAC Rulesi3 to issue (2) a temporary restraining order ant 8 | Rute Xi) wae} y the writ of injunction fv agpropriate cases. (Oine« i 3 Laguesma, B.R. Nok 108476, June 9, 1997). ARTICLE 234; CONTEMPT. ROWERS:OF THE c SECRETARY OF LABOR: ~ TITLE THREE. BUREAU OF JABOR RELATIONS ARTICLE 232: BUREAU OF LABOR RELATIONS. Functions and Authorit The BLR shat ey 4. Set policies, Slanderds, and procedures on the tegistration and supervision of legitieate labor umtor aotivities including denial, cance and rayocation of favor union pernits, Set policies, standards, and 1 cofective bargaining exmination of financial labor organizations to with relavant laws; and Provide proper orientation schemes and projects far standards of Iwing of works (E,0. 292. Sec. 96): ty of the LR Procedures rélating #greomenis, and the records of agcounts of determine compliance 0 workers on thair feprevement of the eS and their Families BLRy. Nome, Pursuant 10 E.0. 126, the National Concitiation and Mediation Board ra (NCMB) has absorbed the SAN BEDA Cotutce or Law 88 gars Cenranuizeo Bar Overarions ¢ i _ Exclusive and Original Jurisdiction of the BLE SHOWA Ether Related Labor Relations Dispules The Med-Arbiter has contemat power. (AR 0 | LABOR -CQDE, Bodk -Y, Rute XVI, Sec. 4) £0 act its own initiative or upon the requet # @ither or both parties en all 1, ,Ahtra-usion conflicts; F” ietecunion confets; anc ae “Other tetated labor relations disputes. ! tovolves any confit between a labor orgenZe aod the employer or any individual, entity 09° | which is mot a labor organization of { g880ciation, which includes the folowing: sg | - Cancellation of registration of | worker's associations: and m 2. A petition for interpleader (D.0. 40-03, Re Sec. 2), Who May File the Conypiaint rd ‘n Interfinva-tnioe tiepurte the ceri Be fled by aunion or union member. 2. In a “related labor relations opt get famelaint may be fed by a party te who is nO! necessarily a union or unt (2AZUCENA, supra at 164) -wnt Regional Office where the labor 1 potion & regsterad - i wwvoles on x union, @ chartered local, or 9 eeiie's 1S8002A000, Tir. i te complaint involves 2 federation or 2 BR ayfnanonal union (2 AZUCENA, eypro a 4. jarosnion Dispute refers 10 any confit between jad arroreg Urion MEMDETS, inguding gnevances geeq from any violation of the ngnts and oars << membership, wiolston af or ceeerent over any provision of the union's Grernsan and by-laws. OF dieputes arising fom eatenng of affliavon of union (0.0. 40-09. Rule, Sec 1 (00) (2003). “ LABOR RELATIONS Coverage of Intarintra-Union Disputes: ‘1 Canceliaton of ‘egetrabon of a labor ‘Organizaton fied by fis members or by any Othe: labor organizaton. 2 Conduct of eecbon of union ang worker's ‘association officersnullicabon of piecton of union and worker's associatson officers: 3. Audiiaccourts examination of unon oF worker's asscaation fisnds: 4. De-reaistration of CBA: 5. Vaioityinvehdity of union affikatan or disatTuation, 6. Vatittyinvabalty of acceptance:non-acceptance for union membershep: 7. Vaiidityimwakdty of mpeachment expiision of union and workers assomaton officers: B. Vaietyinvaiidly of voluntary 1cog'ibon: ‘9. QOpposisoa to application for urvon and CBA: seqistation, te: Any complaint or pebtion with abegations of —"—="t@:Nioubons of oF di er anonding, MSappeOpHALON OF Ron-accounting OF ins in violation of Arkcle 250 shall be Weated as | cre cule 12,0 40-0, Bale Hi Seat : PT 4 Yeo Tests in Deteitining ihira-Corporaie Dispate wet 1 Relationship Test Gdetmines whalbes,.the relatonship fs: as tn a between the corporation, fatnersiip or 2egodalion and tie public; i b. betwoed the corporation. partnership oF association and its partners, members, oF officers; + ‘ © between the corporation, partnership oF assocition and ine Siste insofer oo ds franchise, permit om kebnse fo ‘operale 1s concemad, and ©. among the stockhaiders:"| partners associates themselves. * Controversy Test exists when te dispute I~ Rated m the existence of an sbra-corporate: Provision ima uTwon Or worker's assocSbon E eonsttution and bylaws ~ ” M44: Disagreements over chastenng or registration of (2 "tebor orqanizgtons and CBAs: 12 Violations of the righte and conditions of union or Wworer's: association membership’ 13. Violsnong of the rghis of legimate labor cerganizatians, exdepl interpretation of GBAS: oo. -# 34. Such other digpukes of conflicts involving the ghis to Seilorganzation, union membership, and cobective bargaining ~ & Between and among legitimate labor ‘organzaons; aod Between and asnong members of union or ” wofker's-assooation (D.0. 40-03, Rute Xi, * Sec. se ce J jbo 2 S5xcid noquireenis as to the Filing of Canes 1. evolving Enkre Membership The ooinplaint must be signed by al least 2. Be ie entre mombaran of the ivan 11,4, 609-97, Rule XIV, Sec. 1) and Felesonstvp, vcement A must also shew exheustion of | ears eat a Shape mmasvatve remedies (0.0. 008-87. Fle | ‘te parties! correlative sights and ubigatons Ree the Corporation Code, as wel 95 ine Shima! and wira-coporate regulatory rutes of fe corporation (Gutfo v. Ancheta, 6.R. No. ‘5801, August 15, 2012). Hl | i - SN XIV, See. 2) Nw SC: 30% Not Mandztone The SC held that the 30% saquirement s NOT mandatory for the following reasons’ 1 An. 250 of the Labor Code uses the word “may,” negating the noven thal the aosent of 30% of the union members mandalory: 2. An 280 also expressly deciares that the report may be made, altematively, by “aay member or members specially concerned”; and San BEDA COLLEGE OF LAW 2016 CENTRAUZED BAR OpeRATIONS 973. Intra-union confficts are now under the exclusive jurisdiction of the BLR (Vereles, v. BLR, G.R. No. 152322, February 15, 2005). A.lavolving a Member Only Rance only the affected member may file the complaint. Redress must first be sought within the union itself in accordance with its Constitution and by-laws except under any of the following circumstances: ‘a. Futility of intra-union remedies; 'b. Improper expulsion procedure; ©. Undue delay in appeal as to constitute Substantial injustice; d. The action is for damages; ©. Lack of jurisdiction of the investigating body: {. Action of the administrative agency is patently illegal, arbitrary. and oppressive, 9. Issue is purely a question of law: h Where the administrative agency had already prejudged the case; and Where the administrative aganey was | Practically given the opportunity to,act on the case butitdidnot yt Effects of Filing or Pendency of Inter I lntray Union Dispute and other Labor Relations Disputes pt _ 1. The rights, relationships and obligations of tie Party-itigents against each other and other Paties-in-inlerest prior 19 the institution of the Pelton shall continue ‘> remain duridg. the Pendency of the petition and untl the date of Truly Of the ‘decision rendered. therein’ Teeter, of, "HS. Felationships and igalions of the partytigants against ater and ther parte nee geen interest shall be governed by the decision so ordered. ° 2. The fling or pendency ot any interfintra-union, Gisputes is not a prejudicial question to ‘any Pettion for certiication election and shal not bo sefipend fOr the dismissal of a paiition ter Froeecation election or suspension’ oF Proceedings for certification electio 93, Rule XI, Sec. 3). ia & Modes of Appeal in ntra/intor-Union Di (D.0. 40-03, Rule x) nace of appeal 3. Based on either of tha following or 19 grounds; 8. Grave abuse of discretion © b. Gross violation of the rules 4. With supporting arguments and evi 9 idence Within ten (10) days from raceipt of decision SAN BrDa Cou tce oF Law 58 2046 Centeauizcd BAR OreRATIONS BOR RELATIONS BLR - if the case onginated trom the s |Arbiter/Regional Director Sec. of Labor - if the case originated Bureau: from ty, Regional Office or to the BLR, where the originated (records are transmitted to the Secretary within twenty four (24) hours from of the memorandum of appeal) ay BRR a, Peg, Complaints Pest For grounds under See? (D.0. 40.60 Rue ¥y ‘any fegitimate labor organization (LL0) member(s) thereof ‘specially concemed 2.For grounds under Sec. 2: any-penly-in-inerest ns for Inter/Intra-Union ons sie {5 |/Note: Other related labor relations disputes shat Include any conflict between a labor union and te employer Ot any Individual, entity or group that s nota labor organization or workers’ association, This includes the following: (1) cancellation of registration unions and worker! associations; and 2) @ pelition for interpleader (0.0. 40-03, Rule METRE a issued its certificate Tegistration or certificate of creation of chartered * local ~ if i involves tabor unions with independe Fegistration,. ". chartered locals, worker’ association. its officers or members 2Diecty with the Bureau — if it invoes Federation’ National Unions! Industry Unions. © officers, or members.