LABOR LAWS - PORCEDURAL REQUIREMENTS

Action / Issue Jurisdiction Period Remarks/ Other

Requirements
ART 217 (a) Original and Exclusive - 30 days after
1. Unfair Labor Practice Labor Arbiters and the the submission
Commission of the case (by
2. Termination disputes the parties) for
decision -
3. If accompanied with a without
claim for reinstatement, extension even
those cases that workers with the
may file involving: absence of
A. Wages; stenographic
B. Rates of pay; notes
C. Hours of work; and
D. Other terms and
conditions of employment.

4. Claim for damages arising

from employer-employee
relations:
A. Actual;
B. Moral;
C. Exemplary; and
D. Other forms

5. Cases arising from any

violation of Art 246,
including question involving
the legality of strikes and
lockouts; and

6. All other claims arising

from employer-employee
relations, including those of
persons in domestic or
household service, involving
an amount exceeding
P5,000.00 REGARDLESS of
whether accompanied with a
claim for reinstatement.

Except claims for:

A. Employees Compensation;
B. Social Security; and
C. Medicare and maternity
benefits.

ART. 217 (b) Appellate Jurisdiction -

All cases decided by Labor Commission
Arbiters

ART. 217 (c) Disposed by Labor

Cases arising from the Arbiter - referring the
interpretation or same to the grievance
implementation of: machinery and voluntary
1. collective bargaining arbitration (as may be
agreements; and provided in the
agreements)
2. Company personnel
policies
- As amended by Section
9, RA 6715, 21 March
1998)

MODULE 9 - RIGHT TO SELF-ORGANIZATION

ART. 226 Original and Exclusive - 15 working Med-Arbiters is an
1.Bureau of Labor days to act - officer of the Bureau of
1. All inter-union and intra- Relations; and subject to Labor Relations
union conflicts; and 3. Labor Relations in extension by
Regional Office of agreement of He has the authority
2. All disputes, grievances of Department of Labor the parties (original and exclusive)
or problems arising from or to determine the
affecting labor-management ..at their own initiative or existence of an
relations in all workplaces upon request of employer-employee
(agricultural or non- either/both parties relationship -
agricultural) indispensable in
Certification election
Except: order
-arising from
implementation or
interpretation CBA (ART
217[c])

ART. 242 (235) - The Bureau 30 days from All requisites

APPLICATION filing (documents) shall be:
1. certified under oath
by the organization's:
A. Secretary; or
B. Treasurer

.. as the case may be,

and

2. Attested by the its

President.

ART. 243 (236) - DENIAL Bureau of Labor 10 days from

Relations receipt of
Applicant's appeal from the notice
decision of the Labor
Relations Division in Regional Silent whether
Office - denying registration calendar or
working days

RIGHTS AND CONDITIONS OF MEMBERSHIP

Art. 250 (241) - item c

Submission of list of newly SOLE 30 calendar Election in secret ballot

elected officers (together days from the (at intervals of 5 years(
with appointed officers/ election or
agents) - by the Secretary or change in the
any responsible union officer list

Art. 250 (241) - item J

DOLE 3 years from Only for legitimate
Prescription for any action the submission labor organization
involving funds of the of financial
organization report to DOEL

Art. 250 (241) - item L SOLE - furnished copy 1. At least one Duly audited and
a year - within verified by affidavit.
Treasurer - account for 30 days after
organization of for the close of the
collection fiscal year

2. As may be
required by the
majority of
members Note: Any violation,
(resolution) 30% of the union
members may report.
3. Upon
vacating his
office

RIGHTS OF LEGITIMATE LABOR ORGANIZATIONS

Art. 251 (242) - item c 30 calendar

days from the
Right to be furnished of date of receipt;
company's audited financial
statements Or 60 calendar
days before
the expiration
of the CBA

UNFAIR LABOR PRACTICE

Art. 257 (246) Labor Arbiter To be resolved LA shall give utmost

within 30 priority - for civil
ULP case calendar days liability

For criminal - proper

courts (outside LA
jurisdiction) , final LA's
judgment not binding
nor an evidence of
 guilt

Recovery of civil
liability in admin
proceeding - bar
recovery under Civil
Code

COLLECTIVE BARGAINING AND ADMINISTRATION OF AGREEMENTS

Art. 261 (250)

Party's reply to another 10 calendar If difference arise (on

party's notice to negotiate days from the basis of such notice
receipt of and reply) - may
notice request conference
not later than 10
calendar days from
date of request

Art. 263 (252)

Either party - notice to 60 calendar

modify or terminate CBA days prior to
CBA's
expiration

Art. 269 (257) Bureau / Med-Arbiter 20 working Employer may file a

days petition when no CBA
Decision - to all certification in a bargaining unit.
cases

Art. 272 (259)

SOLE Should be Ground: violation to
Appeal from Certification decided within SOLE's rules and
Election Order 15 calendar regulations
days
GRIEVANCE MACHINERY AND VOLUNTARY ARBITRATION

Art. 273 (260)

Grievance Grievance Machinery Must be settled Otherwise,

within 7 automatically referred
calendar days to arbitration

Art. 276 (262-A)

Arbitration award or decision 20 calendar

- unless otherwise agreed by days from the
the parties date of
 submission of
the dispute to
voluntary
arbitration

Becomes final
and executory
after 10
calendar days -
from receipt of
the copy

ART. 259 , amended Appellate Jurisdiction - To be decided Ground: Violation to

SOLE in 15 calendar the rules and
Appeal from the order or days regulations (or parts
results of the [certification] thereof) established by
election as determined by the SOLE for the
the Med-Arbiter re conduct of election

ART 263 - Filing of: 30 days before Form - must be in

1. Notice of Strike (SEBA) - Where to file? the intended accordance with such
CAB Deadlock; - NCMB Regional Branch date. IRR as the SOLE may
2. Notice of lockout promulgate.
(Employer) During the
Who may file? cooling period,
and Sole and Exclusive DOLE shall Decision to declare a
Bargaining Agent (SEBA) exert all efforts Strike must be:
Cooling-off period before at the 1. approved by the
going on strike - on the mediation and majority of the total
ground of the CB Deadlock conciliation. union membership in
the bargaining unit
concerned;
2. by secret balloting
in meetings or
referenda called for
that purpose.

Decision to declare a
lockout must be:
1. Approved by a
majority of the board
of directors of
corporation /
association / partners
in partnership;
2. Obtained by Secret
Ballot in meeting called
for that purpose.

ART. 263 - Filing: 15 days before In case of dismissal of

1. Notice of strike - ULP Where to file? the intended union officers, the 15-
- NCMB Regional Branch date day cooling-off period
and shall not apply and the

Cooling-off period before
going on strike on the
ground of Unfair Labor
Practice
union may declare a
Who may file? strike after observing
In the absence of a SEBA, the 7-day mandatory
a legitimate labor strike ban period which
organization (but only on starts after submission
the ground of the ULP) of the strike vote
results.

ART. 263 - Submission of the 7 days

notice of the results (lockout

Mandatory strike ban period

- from the submission of the
strike vote

Source of confusion:
1. Complexity of the jurisdictions of the Labor Arbiter, NLRC, LBR and its officers;
2. Taking cognizance between calendar and working days;

MODULE 7
Art. 224
- 30 days
- Excluded from the LA jurisdiction, claim for:
1. Employees Compensation
2. Social Security
3. Medicare
4. Maternity Benefit

Assignment
A. Under Art. 224: Employer's claim for damages against employees arising from EE relationship. To
whom jurisdiction falls? Can the employer go to the LA? Supreme Court case
B. To declare the strike illegal, should the employer got to LA or to regular courts?
C. To challenge the legality of lockout declared by the employer, who has the jurisdiction?
D. Read Grievance Machinery and Voluntary Arbitration mechanism (via Department
Order/Regulation - DO 40-03 as amended