1|Labrel-Atty.

Jacome (2019)

JURISDICTIONS

LABOR ARBITER NLRC SEC. OF LABOR REGIONAL BUREAU OF LABOR

DIRECTOR RELATIONS

NOTE:  What are 2 a. Orders issued by - Claims for  Original and

- The kinds of the duly authorized recovery of exclusive
jurisdiction jurisdiction? representative of wages jurisdiction
is original 1. Original jurisdiction; the Secretary of - Simple
and 2. Exclusive appellate Labor and money 1. “Inter-union disputes”
exclusive in jurisdiction Employment under claims or “representation
nature. Article 128 - Other disputes” which refer to
- LA have no  Original (Visitorial and benefits cases involving petition for
appellate jurisdiction Enforcement provided certification election filed
jurisdiction. Power) may be that: by a duly registered labor
a. Injunction in appealed to Sec. of organization which is
UTCAS- EM ordinary labor disputes Labor. (Art. 128). 1. The claim must seeking to be recognized
1. Unfair labor to enjoin or restrain arise from as the sole and exclusive
practice (ULP) cases; any actual or b. Denial of employer- bargaining agent of the
threatened application for employee rank-and-file employees in
2. Termination commission of any or union registration relationship; the appropriate bargaining
disputes (or illegal all prohibited or or cancellation of unit of a company, firm or
dismissal cases); unlawful acts or to union registration 2. The claimant establishment.
require the originally rendered does not seek
3. Cases that performance of a by the Bureau of reinstatement; and 2. “Intra-union disputes”
workers may file particular act in any Labor Relations or “internal union
involving wages, labor dispute which, if (BLR) may be 3. The aggregate disputes” which refer to
rates of pay, hours not restrained or appealed to the money claim of disputes or grievances
of work and other performed forthwith, Secretary of Labor each employee arising from any violation
terms and conditions may cause grave or and Employment. does not exceed of or disagreement over
of employment, if irreparable damage to (NOTE: If originally P5,000. any provision of the
accompanied with any party. rendered by the constitution and by-laws of
claim for Regional the union, including any
reinstatement; b. Injunction in strikes Office, appeal violation of the rights and
or lockouts under Art. should be made to conditions of union
4. Claims for Actual, 264 of the Labor Code the BLR). membership provided for
moral, exemplary in the Labor Code.
and other forms of c. Certified labor c. Decisions of the
damages arising disputes causing or Med-Arbiter in 3. All disputes, grievances
from the employer- likely to cause a strike certification or problems arising from
employee relations; or lockout in an election cases are or affecting labor-
industry indispensable appealable to the management relations in
5. Cases arising from to the national DOLE Secretary. all workplaces, except
any violation of Art. interest, certified to it (Art. 259). those arising from the
264 of this Code, by the Sec. of Labor interpretation or
including questions and Employment for NOTE: Decisions of implementation of CBA
involving the legality compulsory Med-Arbiters in which are subject of
of Strikes and arbitration. intra-union grievance procedure
lockouts; and disputes are and/or voluntary
 Exclusive appealable to the arbitration.
6. Except claims for appellate BLR.
Employees’ jurisdiction
Compensation,
2|Labrel-Atty. Jacome (2019)

Social Security, a. All cases decided by  Administrative

Medicare and the LA including functions
maternity benefits, contempt cases. 1. Registration of labor
all other claims unions;
arising from b. Cases decided by
employer-employee the DOLE Regional 2. Keeping of registry
relations, including Directors or his duly of labor unions; and
those of persons in authorized Hearing
domestic or Officers (Art. 129) 3. Maintenance and
household service, involving recovery of custody of CBAs.
involving an amount wages, simple money
exceeding P5,000 claims and other
regardless of benefits not exceeding
whether P5,000 and not
accompanied with a accompanied by claim
claim for for reinstatement.
reinstatement.

 Money
claims
(Original and
exclusive
jurisdiction)

1. Any money claim,

regardless of
amount,
accompanied with a
claim for
reinstatement
(which involves a
termination case); or

2. Any money claim,

regardless of
whether
accompanied with a
claim for
reinstatement,
exceeding the
amount of P5,000
per claimant (which
does not necessarily
involve termination
of employment)
3|Labrel-Atty. Jacome (2019)

VOLUNTARY GRIVANCE NATIONAL COURT OF APPEALS SUPREME COURT

ARBITRATOR MACHINERY CONCILIATION &
MEDIATION BOARD

 Original and Any grievance arising EO No. 251 which 1. DECISION OF - Rule 45, Rules
exclusive from: created the National LABOR ARBITERS: of Court
jurisdiction Conciliation and Appeal from the
1. The interpretation Mediation Board decision of the Labor
1. All unresolved or implementation of (NCMB) ordains that Arbiter is brought by
grievances arising the Collective the conciliation, ordinary appeal to
from the Bargaining mediation and the NLRC within ten
interpretation or Agreement (CBA); voluntary arbitration (10) calendar days
implementation of and functions of the from receipt by the
the Bureau of Labor party of the decision.
collective bargaining 2. The interpretation Relations (BLR) shall
agreement after or enforcement of be absorbed by From the decision of
exhaustion of the company personnel NCMB. the NLRC, there is no
grievance procedure; policies. appeal.
and It is an attached
NOTE: All grievances agency under the The only way to
2. All unresolved submitted to the administrative elevate the case to
grievances arising grievance machinery supervision of the the Court of Appeals
from the which are not settled Secretary of Labor is by way of the
implementation or within and Employment. special civil action of
interpretation of seven (7) calendar certiorari under Rule
company personnel days from the date of The NCMB has 65 of the Rules of
policies. (Article 261). its submission shall jurisdiction over Civil Procedure.
automatically be conciliation,
3. All other labor referred to mediation and From
disputes including voluntary arbitration voluntary arbitration the ruling of the
unfair labor practices prescribed in the CBA cases. Court of the Appeals,
and bargaining it may be elevated to
deadlocks, It performs the Supreme Court
upon agreement of preventive mediation by
the parties. (Article and conciliation way of ordinary
262) functions. appeal under Rule 45
of the Rules of Civil
NOTE: It administers the Procedure. (St.
They shall voluntary Martin
immediately be arbitration program; Funeral Home vs.
disposed and referred NLRC, et al., G. R. No.
to the Grievance maintains/updates a 130866, September
Machinery or list of voluntary 16, 1998).
Voluntary arbitrators; compiles
Arbitration provided arbitration awards 2. DECISION OF
in the CBA. and decisions; and VOLUNTARY
ARBITRATORS:
provides counseling The decision of a
and preventive Voluntary
mediation assistance Arbitrator or panel of
particularly in the Voluntary Arbitrators
administration of is appealable by
4|Labrel-Atty. Jacome (2019)

collective ordinary appeal

agreements. under
Rule 43 of the Rules
i
It is with the NCMB of Civil Procedure
that Notices of Strike directly to the Court
or Lockout are filed. of Appeals.

From the Court of

Appeals, the case
may be elevated to
the Supreme Court
by way of ordinary
appeal under the
same Rule 45. (Luzon
Development Bank
vs. Association of
Luzon
Development Bank
Employees, et al., G.
R. No. 120319,
October 6, 1995).

3. DECISION OF THE
BLR:

A. Denial of
application for
registration of a
union.
If the denial is issued
by the Regional
Office, it may be
appealed to the BLR.
If the
denial is originally
made by the BLR,
appeal may be had to
the Secretary of
Labor
and Employment.

B. Cancellation of
registration of a
union.
If the cancellation
of union registration
is ordered by the
Regional Office, the
same may be
appealed to
the BLR. If the
cancellation is done
by the BLR in a
5|Labrel-Atty. Jacome (2019)

petition filed directly

therewith,
the BLR’s decision is
appealable to the
Secretary of Labor
and Employment by
ordinary appeal.

The decision of the

BLR rendered in its
original jurisdiction
may be appealed to
the
Secretary of Labor
and Employment
whose decision
thereon may only be
elevated
to the Court of
Appeals by way of
certiorari under Rule
65.

The decision of the

BLR rendered in its
appellate jurisdiction
may not be appealed
to the Secretary of
Labor and
Employment but may
be elevated directly
to the Court
of Appeals by way of
certiorari under Rule
65. (Abbott
Laboratories
Philippines,
Inc. vs. Abbott
Laboratories
Employees Union, et
al., G. R. No. 131374,
January 26,
2000).

4. DECISION OF THE
MED-ARBITER IN
CERTIFICATION
ELECTION
CASES – The decision
is appealable to the
DOLE Secretary of
Labor and
Employment.
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5. DECISION OF 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 BY
CLAIM FOR
REINSTATEMENT -
The decision is
appealable to the
NLRC and
not to the DOLE
Secretary.

NOTE: Appeal from

CA to SC should be
under Rule 45
(Petition for Review
on
Certiorari) and not
Rule 65 (Special Civil
Action for Certiorari)
– SEA POWER
SHIPPING
ENTERPRISES, INC.
VS. COURT OF
APPEALS, ET AL., G. R.
NO.
ii
138270, JUNE 28,
2001)

i
Pre-week Guide on Labor Law (2006 Bar Examinations)- Prof. Joselito Guianan Chan
ii
Labor Code (Azucena)