Jurisdiction and reliefs until page 869.

Labor Arbiters

1. ULP
2. Termination disputes except
a. DOLE Sec in national int cases (assumption power)
b. NLRC in national int cases (compulsory arb)
c. Voluntary Arbitrator (CBA)
3. Damages arising from EE
4. Legality of strike/lockouts EXCEPT
a. Those affecting industries indispensable to national interest (DOLE Sec or NLRC)
i. Voluntary Arbitration – in case of agreement by the parties AT ANY STAGE OF COMPULSORY ARBITRATION PROCESS
b. Criminal cases arising from strikes and lockouts (regular courts)
c. Injunction – NLRC
d. Voluntary Arbitrator – agreement of the parties
e. President may assume jurisdiction over national interest cases
5. Claims with reinstatement
6. All other claims exceeding 5K except:
a. If it DOES NOT EXCEED 5K and no claim for reinstatement– RD
b. Employee compensation, philhealth, maternity benefits and social security
c. Voluntary Arbtitrator – claims under CBA (interpretation and implementation of CBA and interpretation and enforcement of
company policy)
d. KASAMBAHAY LAW – All claims shall be filed before DOLE RD regardless of amount involved. DOLE Single Entry Approach
required
i. Appeal to DOLE Sec.
7. Wage distortion in UNORGANIZED ESTABLISHMENTS –
a. First, NCMB.
b. In case of failure of NCMB to resolve, then LA.
i. In ORGANIZED
1. First, Grievance machinery
2. in cases of failure then to Voluntary Arbitration
8. Enforcement of compromise agreements in case of non compliance and enforce in case of fraud, misrepresentation or coercion
 9. Writ of execution in voluntary arbitration
10. Money claims involving OFW (whether EE or under any law or contract) except:
a. When there is CBA – Voluntary Arbitration
b. POEA – administrative cases involving recruitment and employment (overseas employment)

Others under LA - employees of GOCC(w/o org charters) , alien parties, priests and ministers, employees of cooperatives, counterclaim of
employers

For cooperatives – only in cases of illegal dismissal and monetary claims NOT termination of membership

DOLE RD

1. Visitorial and enforcement powers (provided no initiated claim or complaint yet before DOLE Rd or RA) – appeal to DOLE Sec.
a. conduct inspection and ocular of establishments
b. Inspect employer’s records and premises and copy them
c. Question employee regarding employment
i. Exception: All must concur (RD must refer to LA)
1. Employer contests finding of inspector
2. In order to resolve such issue, there is a need to examine evidentiary matters
3. Matters not verifiable in normal course of business

LA HAS NO JURISDICTION

1. Claims for violation of non compete clause and post employment prohibitions (regular courts)
2. Loans availed by employees from employers (regular courts) even loans from retirement fund, car loans, appliance loan
a. Principle relief not by reference to Labor Code or CBA but by civil law.
3. Dismisal of corporate director or officer (an intracorporate dispute and NOT A LABOR DISPUTE)
a. In determining whether intracorporate dispute or not apply:
i. Relationship test OR
ii. Nature of controversy test
4. Involving entities immune from suit EXCEPT
a. Activity involved is proprietary activity
5. Cases falling under doctrine of forum of non conveniens
6. Quasi delict/torts
7. Criminal and civil actions from violations of penal provisions of Labor Code involving:
 a. Union membership
b. ULP
8. Constitutionality of labor contracts (claims arising from employer and employee rel may be only incidental to the main cause of action)

LA
NLRC CA SC
(10 calendar days thru
(via R. 65) (via R. 45)
memorandum of appeal

LA
NLRC CA SC
(5 calendar days in
(via R. 65) (via R. 45)
contempt cases)

RD
NLRC CA SC
(5 calendar days in small
(via R. 65) (via R. 45)
claims Sec. 129)

VA
CA SC
(15 days via R. 43)
(via R. 45)
(10 days w/in w/c part may file for MFR)

BLR (appellate jurisdiction)

CA
& DOLE Secretary SC
(via R. 45)
R. 65

Med Arbiter
DOLE Sec
(Inera union)

Med Arbiter
(Intra union &
other rel labor BLR Dir.
dispute)
(Injunction &
contempt)
Med Arbiter has jurisdiction over: (See BLR Director – orig jurisdiction) – federations, national, industry unions and trade union centers and their
local affiliates/chartered locals)

1. Intra-union disputes – Appeal to DOLE Sec

2. Inter-union disputes – Appeal to BLR Director
3. Injunction and contempt cases – BLR Director
4. Other labor related disputes – BLR Director
a. Labor union and employer
b. Labor union and a group not a labor organization
c. Labor union and an individual not a member
d. Interpleader involving labor relations

Certification election

1. Organized: granting and denying appeal to DOLE Sec

2. Unorganized: granting = NO APPEAL. Go PROTEST instead
: denying = Appeal to DOLE Sec

Appeal from DOLE RD

a. To BLR Director
a. Visitorial (Art. 289)
b. Union Registration
c. CBA related cases
d. Merger, consolidation and affil

Regional Director to DOLE Secretary

1. Visitorial (Art. 37)

2. Visitorial (Art. 128)
3. Occupational safety and health protocol
4. Private and recruitment agency (local employment)
Regional Director to NLRC (small claims not exc 5k)

BLR Director – DOLE Sec.

REGIONAL DIRECTOR

Art 128 37 289

Quasi judicial in nature
The employer-establishment is the subject of Visitorial powers in relation to recruitment Visitorial power in relation to financial
exercise of power and placement or workers (local or overseas) activities of legitimate labor union
Will benefit not just signatories but all
employees employed