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UNFAIR LABOR PRACTICES
ART. 247. CONCEPT OF UNFAIR LABOR PRACTICE AND PROCEDURE FORPROSECUTION THEREOF. UNFAIR LABOR PRACTICES VIOLATE THE
CONSTITUTIONAL RIGHT OF WORKERS AND EMPLOYEES TO SELF-
ORGANIZATION, ARE INIMICAL TO THE LEGITIMATE INTERESTS OF BOTHLABOR AND MANAGEMENT, INCLUDING THEIR RIGHT TO BARGAIN
COLLECTIVELY AND OTHERWISE DEAL WITH EACH OTHER IN AN
ATMOSPHERE OF FREEDOM AND MUTUAL RESPECT, DISRUPT INDUSTRIALPEACE AND HINDER THE PROMOTION OF HEALTHY AND STABLE LABOR-
MANAGEMENT RELATIONS.
CONSEQUENTLY, UNFAIR LABOR PRACTICES ARE NOT ONLY VIOLATIONSOF THE CIVIL RIGHTS OF BOTH LABOR AND MANAGEMENT BUT ARE ALSO
CRIMINAL OFFENSES AGAINST THE STATE WHICH SHALL BE SUBJECT TO
PROSECUTION AND PUNISHMENT AS HEREIN PROVIDED.
SUBJECT TO THE EXERCISE BY THE PRESIDENT OR BY THE SECRETARY OF
LABOR AND EMPLOYMENT OF THE POWERS VESTED IN THEM BYARTICLES 263 AND 264 OF THIS CODE, THE CIVIL ASPECTS OF ALL CASES
INVOLVING UNFAIR LABOR PRACTICES, WHICH MAY INCLUDE CLAIMS
FOR ACTUAL, MORAL, EXEMPLARY AND OTHER FORMS OF DAMAGES,ATTORNEYS FEES AND OTHER AFFIRMATIVE RELIEF, SHALL BE UNDER
THE JURISDICTION OF THE LABOR ARBITERS. THE LABOR ARBITERS
SHALL GIVE UTMOST PRIORITY TO THE HEARING AND RESOLUTION OF
ALL CASES INVOLVING UNFAIR LABOR PRACTICES. THEY SHALL RESOLVESUCH CASES WITHIN THIRTY (30) CALENDAR DAYS FROM THE TIME THEY
ARE SUBMITTED FOR DECISION.
RECOVERY OF CIVIL LIABILITY IN THE ADMINISTRATIVE PROCEEDINGS
SHALL BAR RECOVERY UNDER THE CIVIL CODE.
NO CRIMINAL PROSECUTION UNDER THIS TITLE MAY BE INSTITUTED
WITHOUT A FINAL JUDGMENT FINDING THAT AN UNFAIR LABOR
PRACTICE WAS COMMITTED, HAVING BEEN FIRST OBTAINED IN THE
PRECEDING PARAGRAPH. DURING THE PENDENCY OF SUCHADMINISTRATIVE PROCEEDING, THE RUNNING OF THE PERIOD OF
PRESCRIPTION OF THE CRIMINAL OFFENSE HEREIN PENALIZED SHALL BE
CONSIDERED INTERRUPTED: PROVIDED, HOWEVER, THAT THE FINALJUDGMENT IN THE ADMINISTRATIVE PROCEEDINGS SHALL NOT BE
BINDING IN THE CRIMINAL CASE NOR BE CONSIDERED AS EVIDENCE OF
GUILT BUT MERELY AS PROOF OF COMPLIANCE OF THE REQUIREMENTSTHEREIN SET FORTH. (AS AMENDED BY BATAS PAMBANSA BILANG 70,
MAY 1, 1980 AND LATER FURTHER AMENDED BY SECTION 19, REPUBLIC
ACT NO. 6715, MARCH 21, 1989)
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ELEMENTS [commission of ULP]:
Employment relationship
The act done is expressly defined in the Code as an act of ULP
Acts opposed to workers right to organize
PROSECUTION of ULP
- To prosecute ULP as CRIMINAL offense is not possible until after finality of
judgment in the labor case, finding that the respondent indeed committed ULP
- Only SUBSTANTIAL evidence is required in the labor case in the NLRC
- JURISDICTION: concurrent jurisdiction of the MTC or RTC
- PRESCRIPTION of OFFENSE: 1 year
UNFAIR LABOR PRACTICES OF EMPLOYERS
ART. 248. UNFAIR LABOR PRACTICES OF EMPLOYERS. IT SHALL BE
UNLAWFUL FOR AN EMPLOYER TO COMMIT ANY OF THE FOLLOWING
UNFAIR LABOR PRACTICE:
1) TO INTERFERE WITH, RESTRAIN OR COERCE EMPLOYEES IN THE
EXERCISE OF THEIR RIGHT TO SELF-ORGANIZATION;
2) TO REQUIRE AS A CONDITION OF EMPLOYMENT THAT A PERSON OR
AN EMPLOYEE SHALL NOT JOIN A LABOR ORGANIZATION OR SHALLWITHDRAW FROM ONE TO WHICH HE BELONGS;
3) TO CONTRACT OUT SERVICES OR FUNCTIONS BEING PERFORMED BY
UNION MEMBERS WHEN SUCH WILL INTERFERE WITH, RESTRAIN ORCOERCE EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS TO SELF-
ORGANIZATION;
4) TO INITIATE, DOMINATE, ASSIST OR OTHERWISE INTERFERE WITH
THE FORMATION OR ADMINISTRATION OF ANY LABOR ORGANIZATION,
INCLUDING THE GIVING OF FINANCIAL OR OTHER SUPPORT TO IT OR ITSORGANIZERS OR SUPPORTERS;
5) TO DISCRIMINATE IN REGARD TO WAGES, HOURS OF WORK AND
OTHER TERMS AND CONDITIONS OF EMPLOYMENT IN ORDER TO
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ENCOURAGE OR DISCOURAGE MEMBERSHIP IN ANY LABOR
ORGANIZATION. NOTHING IN THIS CODE OR IN ANY OTHER LAW SHALL
STOP THE PARTIES FROM REQUIRING MEMBERSHIP IN A RECOGNIZEDCOLLECTIVE BARGAINING AGENT AS A CONDITION FOR EMPLOYMENT,
EXCEPT THOSE EMPLOYEES WHO ARE ALREADY MEMBERS OF ANOTHER
UNION AT THE TIME OF THE SIGNING OF THE COLLECTIVE BARGAININGAGREEMENT. EMPLOYEES OF AN APPROPRIATE BARGAINING UNIT WHO
ARE NOT MEMBERS OF THE RECOGNIZED COLLECTIVE BARGAINING
AGENT MAY BE ASSESSED A REASONABLE FEE EQUIVALENT TO THE DUESAND OTHER FEES PAID BY MEMBERS OF THE RECOGNIZED COLLECTIVE
BARGAINING AGENT, IF SUCH NON-UNION MEMBERS ACCEPT THE
BENEFITS UNDER THE COLLECTIVE BARGAINING AGREEMENT: PROVIDED,
THAT THE INDIVIDUAL AUTHORIZATION REQUIRED UNDER ARTICLE 242,PARAGRAPH (O) OF THIS CODE SHALL NOT APPLY TO THE NON-MEMBERS
OF THE RECOGNIZED COLLECTIVE BARGAINING AGENT;
6) TO DISMISS, DISCHARGE OR OTHERWISE PREJUDICE ORDISCRIMINATE AGAINST AN EMPLOYEE FOR HAVING GIVEN OR BEING
ABOUT TO GIVE TESTIMONY UNDER THIS CODE;
7) TO VIOLATE THE DUTY TO BARGAIN COLLECTIVELY AS PRESCRIBED
BY THIS CODE;
8) TO PAY NEGOTIATION OR ATTORNEYS FEES TO THE UNION OR ITS
OFFICERS OR AGENTS AS PART OF THE SETTLEMENT OF ANY ISSUE IN
COLLECTIVE BARGAINING OR ANY OTHER DISPUTE; OR
9) TO VIOLATE A COLLECTIVE BARGAINING AGREEMENT. THE
PROVISIONS OF THE PRECEDING PARAGRAPH NOTWITHSTANDING, ONLYTHE OFFICERS AND AGENTS OF CORPORATIONS, ASSOCIATIONS OR
PARTNERSHIPS WHO HAVE ACTUALLY PARTICIPATED IN, AUTHORIZED OR
RATIFIED UNFAIR LABOR PRACTICES SHALL BE HELD CRIMINALLYLIABLE. (AS AMENDED BY BATAS PAMBANSA BILANG 130, AUGUST 21,
1981)
CONDITIONS PRESEDENT to ULP CHARGE
Injured party comes within the definition of employee
The act charged as ULP must fall under the prohibitions of Art. 248 (ACTS OF
EMPLOYER) OR Art. 249 (acts of the union)
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BY: Gang Casio
UNFAIR LABOR PRACTICES of EMPLOYERS
Unlawful acts or acts of ULP
1. interference. to interfere with the right of self-organization of employees
Lockout = ULP when it is used as a means of dissuading the employees from exercising
their rights under this act
TEST of Employers Remarks: TOTALITY OF CONDUCT DOCTRINE. The
culpability of employers remarks have to be evaluated not only on the basis of their
implications, but against the background of and in conjunction with collateralcircumstances.
Test of Interference whether the employer has engaged in conduct which it may be
reasonably be said tends to intefere with the free exercise of employees right.
2. yellow dog condition. to require as a condition of employment, that a personshould not join a labor organizations or shall withdraw therefrom
Yellow Dog Contract; Badges
1) a representation by the employee that he is not a member of a labor union
2) a promise by the employee not to join a labor union
3) a promise by the employee that, upon joining a labor union, he will quit his
employment
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3. contracting out. to contract-out functions performed by union members in order to
interfere with their right of self-organization
Requisites for Valid Contracting Out
1) made in good faith
2) the contracting out must not have been resorted to, to circumvent the law
3) must not have been the result of malicious or arbitrary action
RUNAWAY shop = ULP. An industrial plant moved by its owners from one location to
another to escape union labor regulations or state laws.
Constructive Discharge when the employer prohibits employees from exercising their
rights under the act, on pain of discharge, and the employee quits as a result of theprohibition, a constructive discharge occurs.
4. company unionism. support a union in a multi-union establishment. May be
manifested in the following manner:
1) initiation of the company union idea
2) financial support to the union
3) employer encouragement and assistance
4) supervisory assistance
5. discrimination for or against union membership. discriminate union membership.
Union Security Clause is valid.
Mass Layoff = ULP when only union members were laid off and there is no economic
reason to do so.
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Sale of Business = ULP if made in bad faith and used only to get rid of the employees
who were members of the Union. If the buyer makes substantial
NONDISCRIMINATORY personnel changes and changes in the operational structure ofthe business, he is not a successor employer and need not bargain with the incumbent
union and the dismissal does not constitute ULP
Principal Elements: the discrimination committed by the employer must be in regard to
the hire or tenure of employment or any term or condition of employment to encourage ordiscourage membership in any labor organization.
Discrimination by Blacklisting. Blacklist is a list of persons marked out for special
avoidance, antagonism or enmity on the part of those who prepare the list, or thoseamong whom it is intended to circulate
Indirect Discrimination Present in the Following Events:
1) the dismissal of a laborer on account of union activities of his brother
2) the discharge of an employee due to the union activities of his wife
3) the discharge of wife due to the union activities of the husband
Union Security Clause; Kinds
1) Closed Shop only union members can be hired by the company and they must
remain as such to retain employment in the company EXCEPT
a. any employee who is a member of religious organization which prohibits its
members from joining labor unions
b. employee already in a service and already a member of another union
c. confidential employees who are excluded from the rank and file bargaining unit
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d. employees excluded from the closed shop by express terms of the agreement
2) Union Shop nonmembers may be hired but to retain employment must becomeunion members after a certain period
3) Modified Union Shop employees who are not union members at the time of signingthe contract need not join the union, but all workers hired thereafter must join
4) Maintenance of membership shop no employee is compelled to join the union, butall present or future members must, as a condition of employment, remain in good
standing in the union
5) Exclusive Bargaining Shop the union is recognized as the exclusive bargainingagent for all employees in the bargaining unit, whether union members or not
6) Bargaining for members only the union is recognized as the bargaining agent only
for its own member
7) Agency shop an agreement whereby employees must either join the union or pay tothe union as exclusive bargaining agent a sum equal to that paid by the members.
Agency Fee no authorization is required based on the doctrine of quasi-contract
6. because of testimony. dismiss or discriminate an employee for having given orbeing about to give testimony under this code
7. violates the duty to bargain or Bargaining with the Minority Union constitutesULP as a refusal to collectively bargain
Situations when the duty to Bargain Exists
a) the duty to bargain means in essence the mutual obligation to meet and convene for thepurpose of:
b) to negotiate an agreement of mandatory subjects like: 1wages, 2hours of work and3all other terms and conditions of employment including for adjusting grievances or
questions arising under such agreement
c) to execute a contract incorporating such agreement if requested by either party
d) the obligation not to terminate or modify the CBA during its lifetime
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Forms of Violation of the Duty to Bargain
1) failure or refusal to meet and convene to bargain in good faith, an employer must
not only meet and confer with the union which represents his employees, but also mustrecognize the union for the purpose of collective bargaining agreement
2) evading the mandatory subjects of bargaining
1. wages and other types of compensation including merit increases
2. working hours and working days, including work shifts
3. vacations and holidays
4. bonuses
5. pensions and retirement plans
6. seniority
7. transfer
8. lay-offs
9. employee workloads
10. work rules and regulations
11. rent of company houses
12. union security agreement
3) bad faith in bargaining including refusal to execute a Collective BargainingAgreement, if requested
Good Faith Bargaining demands more than sterile and repetitive discussion of
formalities precluding actual negotiation, more than formal replies which constitute in
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effect a refusal to treat with the union and more than a willingness to enter upon a sterile
discussion of union-management differences
Badges of Bad Faith Bargaining
i. when the employer fails to vest its negotiators with sufficient
authority to make agreement
ii. when after 1 month of submittal of Unions proposal, the employer
has not made any counter proposal
iii. Surface Bargaining a sophisticated pretense in the form of
apparent bargaining
iv. Inflexible bargaining by the union
v. Boulwarism or the take-it-or-leave-it bargaining
vi. Refusal to furnish, upon request, financial information of the
company
4) gross violation of CBA [flagrant]s
Deadlock or Impasse presupposes a reasonable effort at good-faith bargaining which,
despite noble intentions, does not conclude in an agreement between the parties. A
deadlock does not mean an end of bargaining. It signals rather the need to seekassistance of a 3rd party.
Duty to Bargain and Sale of Business: if there is a substantial and material alteration in
the employing enterprise, the new employer need not bargain with the incumbent union.
If there is none, the new employer needs to bargain with the incumbent union.
Factors to determine Substantial Continuity of the Operation
a) the new employer uses the same plant
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b) he has the same or substantially the same workforce
c) the same jobs exist under the same working conditions
d) he employs the same supervisors
e) he uses the same machinery, equipment and methods
NOTE: an employer does not violate the duty to bargain when
a) the denial of the proposal is due to economic losses as long as the employer
continues to negotiate
b) adoption of an adamant bargaining position in good faith
c) refusal to bargain over demands for commission of ULP
d) refusal to bargain during period of illegal strike
8. paid negotiation. to pay negotiation or attorneys fees to the union as part of the
settlement
9. GROSSLY violate the CBA. Must be gross and flagrant according to Art. 261
Criminal Liability: only officers and agents who have actually participated in, authorized
or ratified ULP
REMEDIES IN ULP CASES
1. Cease and Desist Order issued by the RTC
2. mandatory injunction
3. disestablishment of company union
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4. ULP is not subject to compromise
UNFAIR LABOR PRACTICES OF LABOR ORGANIZATIONS
ART. 249. UNFAIR LABOR PRACTICES OF LABOR ORGANIZATIONS. IT
SHALL BE UNFAIR LABOR PRACTICE FOR A LABOR ORGANIZATION, ITSOFFICERS, AGENTS OR REPRESENTATIVES:
1) TO RESTRAIN OR COERCE EMPLOYEES IN THE EXERCISE OF THEIR
RIGHT TO SELF-ORGANIZATION. HOWEVER, A LABOR ORGANIZATION
SHALL HAVE THE RIGHT TO PRESCRIBE ITS OWN RULES WITH RESPECT TOTHE ACQUISITION OR RETENTION OF MEMBERSHIP;
2) TO CAUSE OR ATTEMPT TO CAUSE AN EMPLOYER TO DISCRIMINATE
AGAINST AN EMPLOYEE, INCLUDING DISCRIMINATION AGAINST ANEMPLOYEE WITH RESPECT TO WHOM MEMBERSHIP IN SUCH
ORGANIZATION HAS BEEN DENIED OR TO TERMINATE AN EMPLOYEE ONANY GROUND OTHER THAN THE USUAL TERMS AND CONDITIONS UNDER
WHICH MEMBERSHIP OR CONTINUATION OF MEMBERSHIP IS MADE
AVAILABLE TO OTHER MEMBERS;
3) TO VIOLATE THE DUTY, OR REFUSE TO BARGAIN COLLECTIVELY
WITH THE EMPLOYER, PROVIDED IT IS THE REPRESENTATIVE OF THE
EMPLOYEES;
4) TO CAUSE OR ATTEMPT TO CAUSE AN EMPLOYER TO PAY OR
DELIVER OR AGREE TO PAY OR DELIVER ANY MONEY OR OTHER THINGSOF VALUE, IN THE NATURE OF AN EXACTION, FOR SERVICES WHICH ARE
NOT PERFORMED OR NOT TO BE PERFORMED, INCLUDING THE DEMAND
FOR FEE FOR UNION NEGOTIATIONS;
5) TO ASK FOR OR ACCEPT NEGOTIATION OR ATTORNEYS FEES FROM
EMPLOYERS AS PART OF THE SETTLEMENT OF ANY ISSUE IN COLLECTIVE
BARGAINING OR ANY OTHER DISPUTE; OR
6) TO VIOLATE A COLLECTIVE BARGAINING AGREEMENT.
THE PROVISIONS OF THE PRECEDING PARAGRAPH NOTWITHSTANDING,ONLY THE OFFICERS, MEMBERS OF GOVERNING BOARDS,
REPRESENTATIVES OR AGENTS OR MEMBERS OF LABOR ASSOCIATIONS
OR ORGANIZATIONS WHO HAVE ACTUALLY PARTICIPATED IN,
AUTHORIZED OR RATIFIED UNFAIR LABOR PRACTICES SHALL BE HELD
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CRIMINALLY LIABLE. (AS AMENDED BY BATAS PAMBANSA BILANG 130,
AUGUST 21, 1981)
UNFAIR LABOR PRACTICES OF LABOR ORGANIZATIONS
Featherbedding name given to employee practices which create or spread employment
by unnecessarily maintaining or increasing the number of employees used, or theamount of time consumed to work on a particular job.
1. to ask for or accept negotiations or attorneys fees from employers as part of the
settlement
2. to violate the CBA
STRIKES AND LOCKOUTS
ART. 263. STRIKES, PICKETING AND LOCKOUTS.
a. IT IS THE POLICY OF THE STATE TO ENCOURAGE FREE TRADE
UNIONISM AND FREE COLLECTIVE BARGAINING.
b. WORKERS SHALL HAVE THE RIGHT TO ENGAGE IN CONCERTED
ACTIVITIES FOR PURPOSES OF COLLECTIVE BARGAINING OR FOR THEIR
MUTUAL BENEFIT AND PROTECTION. THE RIGHT OF LEGITIMATE LABORORGANIZATIONS TO STRIKE AND PICKET AND OF EMPLOYERS TO
LOCKOUT, CONSISTENT WITH THE NATIONAL INTEREST, SHALL CONTINUE
TO BE RECOGNIZED AND RESPECTED. HOWEVER, NO LABOR UNION MAY
STRIKE AND NO EMPLOYER MAY DECLARE A LOCKOUT ON GROUNDSINVOLVING INTER-UNION AND INTRA-UNION DISPUTES.
c. IN CASE OF BARGAINING DEADLOCKS, THE DULY CERTIFIED ORRECOGNIZED BARGAINING AGENT MAY FILE A NOTICE OF STRIKE OR THE
EMPLOYER MAY FILE A NOTICE OF LOCKOUT WITH THE MINISTRY AT
LEAST 30 DAY BEFORE THE INTENDED DATE THEREOF. IN CASES OFUNFAIR LABOR PRACTICE, THE PERIOD OF NOTICE SHALL BE 15 DAYS AND
IN THE ABSENCE OF A DULY CERTIFIED OR RECOGNIZED BARGAINING
AGENT, THE NOTICE OF STRIKE MAY BE FILED BY ANY LEGITIMATE
LABOR ORGANIZATION IN BEHALF OF ITS MEMBERS. HOWEVER, IN CASE
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OF DISMISSAL FROM EMPLOYMENT OF UNION OFFICERS DULY ELECTED
IN ACCORDANCE WITH THE UNION CONSTITUTION AND BY-LAWS, WHICH
MAY CONSTITUTE UNION BUSTING, WHERE THE EXISTENCE OF THE UNIONIS THREATENED, THE 15-DAY COOLING-OFF PERIOD SHALL NOT APPLY
AND THE UNION MAY TAKE ACTION IMMEDIATELY. (AS AMENDED BY
EXECUTIVE ORDER NO. 111, DECEMBER 24, 1986)
d. THE NOTICE MUST BE IN ACCORDANCE WITH SUCH IMPLEMENTING
RULES AND REGULATIONS AS THE MINISTER OF LABOR ANDEMPLOYMENT MAY PROMULGATE.
e.DURING THE COOLING-OFF PERIOD, IT SHALL BE THE DUTY OF THE
MINISTRY TO EXERT ALL EFFORTS AT MEDIATION AND CONCILIATION TOEFFECT A VOLUNTARY SETTLEMENT. SHOULD THE DISPUTE REMAIN
UNSETTLED UNTIL THE LAPSE OF THE REQUISITE NUMBER OF DAYS FROM
THE MANDATORY FILING OF THE NOTICE, THE LABOR UNION MAY STRIKE
OR THE EMPLOYER MAY DECLARE A LOCKOUT.
f. A DECISION TO DECLARE A STRIKE MUST BE APPROVED BY AMAJORITY OF THE TOTAL UNION MEMBERSHIP IN THE BARGAINING UNIT
CONCERNED, OBTAINED BY SECRET BALLOT IN MEETINGS OR REFERENDA
CALLED FOR THAT PURPOSE. A DECISION TO DECLARE A LOCKOUT MUSTBE APPROVED BY A MAJORITY OF THE BOARD OF DIRECTORS OF THE
CORPORATION OR ASSOCIATION OR OF THE PARTNERS IN A PARTNERSHIP,
OBTAINED BY SECRET BALLOT IN A MEETING CALLED FOR THAT
PURPOSE. THE DECISION SHALL BE VALID FOR THE DURATION OF THEDISPUTE BASED ON SUBSTANTIALLY THE SAME GROUNDS CONSIDERED
WHEN THE STRIKE OR LOCKOUT VOTE WAS TAKEN. THE MINISTRY MAY,
AT ITS OWN INITIATIVE OR UPON THE REQUEST OF ANY AFFECTED PARTY,SUPERVISE THE CONDUCT OF THE SECRET BALLOTING. IN EVERY CASE,
THE UNION OR THE EMPLOYER SHALL FURNISH THE MINISTRY THE
RESULTS OF THE VOTING AT LEAST SEVEN DAYS BEFORE THE INTENDEDSTRIKE OR LOCKOUT, SUBJECT TO THE COOLING-OFF PERIOD HEREIN
PROVIDED. (AS AMENDED BY BATAS PAMBANSA BILANG 130, AUGUST 21,
1981 AND FURTHER AMENDED BY EXECUTIVE ORDER NO. 111, DECEMBER
24, 1986)
g. WHEN, IN HIS OPINION, THERE EXISTS A LABOR DISPUTE CAUSING OR
LIKELY TO CAUSE A STRIKE OR LOCKOUT IN AN INDUSTRYINDISPENSABLE TO THE NATIONAL INTEREST, THE SECRETARY OF LABOR
AND EMPLOYMENT MAY ASSUME JURISDICTION OVER THE DISPUTE AND
DECIDE IT OR CERTIFY THE SAME TO THE COMMISSION FOR COMPULSORYARBITRATION. SUCH ASSUMPTION OR CERTIFICATION SHALL HAVE THE
EFFECT OF AUTOMATICALLY ENJOINING THE INTENDED OR IMPENDING
STRIKE OR LOCKOUT AS SPECIFIED IN THE ASSUMPTION OR
CERTIFICATION ORDER. IF ONE HAS ALREADY TAKEN PLACE AT THE TIME
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OF ASSUMPTION OR CERTIFICATION, ALL STRIKING OR LOCKED OUT
EMPLOYEES SHALL IMMEDIATELY RETURN-TO-WORK AND THE
EMPLOYER SHALL IMMEDIATELY RESUME OPERATIONS AND READMITALL WORKERS UNDER THE SAME TERMS AND CONDITIONS PREVAILING
BEFORE THE STRIKE OR LOCKOUT. THE SECRETARY OF LABOR AND
EMPLOYMENT OR THE COMMISSION MAY SEEK THE ASSISTANCE OF LAWENFORCEMENT AGENCIES TO ENSURE COMPLIANCE WITH THIS PROVISION
AS WELL AS WITH SUCH ORDERS AS HE MAY ISSUE TO ENFORCE THE
SAME.
IN LINE WITH THE NATIONAL CONCERN FOR AND THE HIGHEST RESPECT
ACCORDED TO THE RIGHT OF PATIENTS TO LIFE AND HEALTH, STRIKES
AND LOCKOUTS IN HOSPITALS, CLINICS AND SIMILAR MEDICAL
INSTITUTIONS SHALL, TO EVERY EXTENT POSSIBLE, BE AVOIDED, ANDALL SERIOUS EFFORTS, NOT ONLY BY LABOR AND MANAGEMENT BUT
GOVERNMENT AS WELL, BE EXHAUSTED TO SUBSTANTIALLY MINIMIZE, IFNOT PREVENT, THEIR ADVERSE EFFECTS ON SUCH LIFE AND HEALTH,
THROUGH THE EXERCISE, HOWEVER LEGITIMATE, BY LABOR OF ITS
RIGHT TO STRIKE AND BY MANAGEMENT TO LOCKOUT. IN LABORDISPUTES ADVERSELY AFFECTING THE CONTINUED OPERATION OF SUCH
HOSPITALS, CLINICS OR MEDICAL INSTITUTIONS, IT SHALL BE THE DUTY
OF THE STRIKING UNION OR LOCKING-OUT EMPLOYER TO PROVIDE AND
MAINTAIN AN EFFECTIVE SKELETAL WORKFORCE OF MEDICAL ANDOTHER HEALTH PERSONNEL, WHOSE MOVEMENT AND SERVICES SHALL
BE UNHAMPERED AND UNRESTRICTED, AS ARE NECESSARY TO INSURE
THE PROPER AND ADEQUATE PROTECTION OF THE LIFE AND HEALTH OFITS PATIENTS, MOST ESPECIALLY EMERGENCY CASES, FOR THE DURATION
OF THE STRIKE OR LOCKOUT. IN SUCH CASES, THEREFORE, THE
SECRETARY OF LABOR AND EMPLOYMENT MAY IMMEDIATELY ASSUME,WITHIN TWENTY FOUR (24) HOURS FROM KNOWLEDGE OF THE
OCCURRENCE OF SUCH A STRIKE OR LOCKOUT, JURISDICTION OVER THE
SAME OR CERTIFY IT TO THE COMMISSION FOR COMPULSORY
ARBITRATION. FOR THIS PURPOSE, THE CONTENDING PARTIES ARESTRICTLY ENJOINED TO COMPLY WITH SUCH ORDERS, PROHIBITIONS
AND/OR INJUNCTIONS AS ARE ISSUED BY THE SECRETARY OF LABOR AND
EMPLOYMENT OR THE COMMISSION, UNDER PAIN OF IMMEDIATEDISCIPLINARY ACTION, INCLUDING DISMISSAL OR LOSS OF EMPLOYMENT
STATUS OR PAYMENT BY THE LOCKING-OUT EMPLOYER OF BACKWAGES,
DAMAGES AND OTHER AFFIRMATIVE RELIEF, EVEN CRIMINALPROSECUTION AGAINST EITHER OR BOTH OF THEM.
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THE FOREGOING NOTWITHSTANDING, THE PRESIDENT OF THE PHILIPPINES
SHALL NOT BE PRECLUDED FROM DETERMINING THE INDUSTRIES THAT,
IN HIS OPINION, ARE INDISPENSABLE TO THE NATIONAL INTEREST, ANDFROM INTERVENING AT ANY TIME AND ASSUMING JURISDICTION OVER
ANY SUCH LABOR DISPUTE IN ORDER TO SETTLE OR TERMINATE THE
SAME.
h. BEFORE OR AT ANY STAGE OF THE COMPULSORY ARBITRATION
PROCESS, THE PARTIES MAY OPT TO SUBMIT THEIR DISPUTE TOVOLUNTARY ARBITRATION.
i. THE SECRETARY OF LABOR AND EMPLOYMENT, THE COMMISSIONOR THE VOLUNTARY ARBITRATOR SHALL DECIDE OR RESOLVE THE
DISPUTE, AS THE CASE MAY BE. THE DECISION OF THE PRESIDENT, THE
SECRETARY OF LABOR AND EMPLOYMENT, THE COMMISSION OR THE
VOLUNTARY ARBITRATOR SHALL BE FINAL AND EXECUTORY TEN (10)CALENDAR DAYS AFTER RECEIPT THEREOF BY THE PARTIES. (AS
AMENDED BY SECTION 27, REPUBLIC ACT NO. 6715, MARCH 21, 1989)
STRIKE
STRIKE a cessation of work by employees in an effort to get more favorable terms for
themselves, or as a concerted refusal by employees to do any work for their employer, orto work at their customary rate of speed, until the object of the strike is attained by the
employers granting the demanded concession
Strike Area the 1establishment, 2warehouses, 3depots, 4plants, 5offices, 6including thesites or premises used as runaway shops of the employer, 7as well as the immediate
vicinity actually used by picketing strikers in moving to and fro before all points of
entrance to and exit from said establishment
Characteristics of a Strike
1. there is established relationship between the strikers and the person(s) against
whom the strike is called
2. the relationship must be one of employer and employee
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3. the existence of a dispute between the parties and the utilization by labor of the
weapon of concerted refusal to work as a means of persuading, or coercing compliance
with the working mens demands
4. the contention advanced by the workers that although work ceases, the employment
relation is deemed to continue albeit in a state of belligerent suspension
5. there is work stoppage, which stoppage is temporary
6. the work stoppage is done through concerted action of the employees
The STRIKING GROUP IS A LLO and, in case of bargaining deadlock, is the
employees sole bargaining representative
LOCK OUT
the temporary refusal of an employer to furnish work as a result of an industrial or labordispute; an employers act excluding employees who are union members form his plant
Requisites of Lock-Out
1. notice of intention to declare a strike/lockout has been filed with the DOLE
2. at least 30 days has elapsed since the filing of the notice before the lockout isdeclared
3. an impasse has resulted in the negotiations; Other Grounds:
a. in anticipation of a threatened strike, where motivated by economic considerations
b. in response to unprotected strike or walkout
c. in response to a whipsaw strike
4. the strike/lockout is not discriminatory
Kinds of Strikes
1. General Strike extends over a whole community, province, state or country
2. Local Strike one undertaken by workers in a particular enterprise, locality or
occupation
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3. Sit-Down Strike when a group of employees or other interest in obtaining a
certain objective in a particular business forcibly take over possession of the property ofsuch business, established themselves within the plant, stop its production and refuse
access to the owners or to the others desiring to work.
4. Slowdown a willful reduction in the rate of work by a group of employees for the
purpose of restricting the output of the employer (illegal strike)
5. partial strike / quickie strike intermittent unannounced work stoppage, including
slowdowns, unauthorized extension of rest periods, and walkouts for portions of a shift or
for entire shifts (illegal strike)
6. primary strike one declared by the employees who have a direct and immediate
interest, whether economic or otherwise, in the subject of the dispute, which exists
between them and their employer
7. secondary strike refers to a coercive measure adopted by workers against an
employer connected by product or employment with alleged ULP
8. ECONOMIC STRIKE intended to force wage and other concessions from the
employer which he is not required by law to grant
9. ULP STRIKE called against ULP of the employer usually for the purpose of
making him desist from further committing such practices
Strike / Lockout may legally be held because of either or both
1. There must be a Labor Dispute includes any controversy or matter concerning
terms and conditions of employment or the association or representation of persons innegotiating, fixing, maintaining, changing or arranging the terms and conditions of
employment, regardless of whether the disputants stand in the proximate relations of
employer and employee
2. the Grounds must be
a) a CBA deadlock (economic)
b) an ULP act of the employer/union
NOTE:
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1. NO UNION may Strike nor Employer declare a lockout on grounds involving inter-
union and intra-union disputes
2. it shall be the duty of the striking union or locking out employer to provide and
maintain an effective skeletal workforce of Medical and Other Health Personnel
Illegal Strikes
1. sympathetic strike
2. welga ng bayan
3. Legality in Strikes: until all the remedies and negotiations looking toward the
adjustment or settlement of labor disputes have been exhausted, the law does not look
with favor upon resort to radical measures, the pernicious consequences of whichtranscend the rights of the immediate parties.
Protection to the right to Strike
1. it is generally not subject to labor injunction or restraining order
2. employees may not be discriminated against merely because they have exercisedthe right to strike
3. the use of strike-breakers is prohibited
Strike-Breaker any person who obstructs, impedes, or interferes with by force, violence,
coercion, threats or intimidation any peaceful picketing by employees during any laborcontroversy affecting
a. Wages, hours or conditions of work
b. in the exercise of the right of self-organization or Collective Bargaining
4. mere participation in a strike does not sever the employment relationship
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Striking Employees may advice or persuade others to quit work and join in the strike,
so long as contractual rights are not invaded and that they may advice and persuade
others not to engage their services to the employer against whom the strike is directed
STATUS OF STRIKERS
The relationship existing between employer and employee is not necessarily terminatedby a strike BUT is not entitled to Wage during the strike PROVIDED THAT
a) the strike is in connection to a current labor dispute
b) where the strike is the result of ULP
Obligation of the Employer during a legal strike
a) the employers obligation to bargain collectively in good faith with his employees
continues notwithstanding the fact that the employees are on strike
b) the employer is under an obligation to reinstate striking employees upon
termination of the strike, without discriminating against those more actively engaged in
union activities
Characteristics of an Illegal Strike
1. is contrary to specific prohibition of law
a) Government Employees may not Strike their redress is to petition the congress for
the betterment of the terms and conditions of employment OR may do so in their FREE
TIME
b) Strike must be done only after exhaustion of the Grievance Procedure and After
Arbitration
2. violates specific requirement of law
a) Notice of Strike Notice in the prescribed form filed with the NCMB (DOLE) bythe LLO. (individual notices to strike did not conform with the notice rule)
b) Decision to declare a Strike (Strike Vote) must be approved by a Majority of the
Total UNION membership in the bargaining unit concerned.
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Decision to declare a Lockout must be approved by a majority of the board of directors of
the corporation
Strike Vote Report. The result of the Vote must be submitted to the Minister of Labor
within 7 days from the date of voting before the cooling-off period commences. (a strike
without SVR is illegal)
c) Cooling-off Period
Cause of Strike
Cool-off Period
Economic Grounds / Bargaining Deadlock
30 days
ULP Cases
15 days
Union Busting
No cool-off period
Union Busting dismissal from employment of union officers duly elected where the
existence of the union is threatened
Elements of Union Busting
a) the union officers are being dismissed
b) those officers are the only duly elected in accordance with the union constitution
and by-laws
c) the existence of the union is threatened
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3. is declared for an unlawful purpose, such as inducing the employer to commit an
ULP against non-union employees
Lawful Purpose of the Strike
a) Collective Bargaining Deadlock the situation between the labor and themanagement of the company where there is failure in the collective bargaining
negotiations resulting in a stalemate
b) ULP by Employer Test in determining the existence of ULP
1) objectively, when the strike is declared in protest of ULP which is found to have
been actually committed
2) subjectively, when a strike is declared in protest of what the union believed to be
ULP committed by management, and the circumstances warranted such belief in good
faith, although found subsequently as not committed (Good Faith Strike). This furtherpresupposes that the procedural requirements have been complied.
b) Union Recognition Strike - to Compel Recognition of and Bargaining with the
Majority Union is VALID. However if there is a strike for union recognition without
having proven majority status, it is INVALID.
Conversion Doctrine what had begun as a strike over bargaining demands became anULP when it prolonged by the unions vote to protest the employers outright termination
of strikers seeking re-instatement
Non-Strikeable Issues
1. Physical rearrangement of office
2. companys sales evaluation policy
3. salary distortion under the Wage Rationalization Act
4. employs unlawful means in the pursuit of its objective
a) Picketing; No person engaged in picketing shall
1) Commit any act of violence, coercion or intimidation
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2) obstruct the free ingress to or egress from the employers premises for lawful
purposes
3) obstruct public thorough fares
b) Use of Violence, Force or Threat to pursue labor rights
5. is declared in violation of an existing injunction
a) Strike During Arbitration Illegal
b) Strike During Mediation illegal
c) Strike in violation of a Court Order Illegal
National Interest Cases Automatic Injunction and Return-to-work Order. The President
and the Secretary of Labor shall determine which cases are considered of NationalInterest and shall assume jurisdiction. (e.g. Banking, Electric Company, etc.)
a) Assumption of Jurisdiction does not require prior notice to the parties. Necessarily,
the authority to assume jurisdiction over the said labor dispute must include and extend toall questions and controversies arising therefrom, including cases over which the labor
arbiter has exclusive jurisdiction (Interphil Lab Union v. Interphil Inc)
b) A national interest dispute may be certified to the NLRC even before a strike isdeclared as long as there is an industrial dispute
c) The issuance of an Assumption or Certification Orders which are executory in
character are to be strictly complied with by the parties. Once an assumption/certification
order is issued, strikes are enjoined, or if one has already taken place, all strikers shallimmediately return to work. (48 hours maximum). It is immediately executory.
d) Defiance of a RTWO is a ground for loss of the employment status of any striking
union officer or member. The moment a worker defies a RTWO, he is deemed to have
abandoned his job; ABAONDONMENT; Requisites:
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1) The absence of just and valid cause
2) there is an intention to abandon or defy
3) some overt act from which it may be inferred that the employee has no moreinterest in working
e) Voluntary Return to Work when the officers returned back to work after the
strike, such return did not imply the waiver of the original demands
f) Appeal in cases of Assumption of Jurisdiction.May be appealed to the CA through
certiorari. Example of Grave Abuse of Discretion: when the Secretary imposed a
stipulation which even the union did not ask for.
6. is contrary to an existing agreement, such as a no-strike clause or conclusive
arbitration clause.
Note:
a) Agreement not to strike is only applicable to economic strikes and NOT to ULP
strikes.
b) A no-strike clause is binding not only upon the union, but also upon its individual
members
PICKETING AND OTHER CONCERTED ACTIONS
Picketing involves the presence of striking workers or their union brothers who pace back
and forth before the place of business of an employer considered unfair to organized
labor, in the hope of being able to persuade peacefully other workers not to work in theestablishment and customers not to do business there.
a) Picket without strike Valid.
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b) Picketing at Home the picketing of a private home in a residential district is
generally held improper even when the pickets are domestic servants
c) Picketing must be peaceful
Other Concerted Activities
1. Collective letter
2. publicity
3. placards and banners
4. speeches, music and broadcasts
BOYCOTT a combination to harm one person by coercing others to harm him that is,
a combination of many to cause a loss to one person by causing others, against their will,
to withdraw from him their beneficial business intercourse through threats that unlessothers do so, the many will cause similar loss to him or then.
Kinds of Boycott
1. Primary Boycott applied directly and alone to the offending person bywithdrawing from him all business relations on the part of the organization that initiated
the boycott
2. Secondary Boycott a combination not merely to refrain from dealing with a
person, or to advice or by peaceable means persuade his customers to refrain, but to
exercise coercive pressure upon such customers, actual or prospective, in order to cause
them to withhold or withdraw patronage from him through fear of less or damage tothemselves should they deal with him
Factors to be Considered to Determine the Lawfulness of a Boycott
a) the means and methods employed - only a boycott that is free from violence or
malevolence is held to be lawful
b) the ends intended to be accomplished
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1. illegal when its purpose is to require the employer to coerce his employees to pay
their back dues to the union
2. to compel the payment by an employee of a fine or other penalties
3. to compel an employee to refrain from working
4. to compel employment of more help than is necessary
5. to compel one to sign a contract
6. to compel an employer to refrain from issuing new process or machinery
Liability incase of Illegal Boycott: the person as well as all those who have combinedagainst him is liable PROVIDED there is a causal connection between the acts
complained of and the damage suffered
ART. 264. PROHIBITED ACTIVITIES.
a. NO LABOR ORGANIZATION OR EMPLOYER SHALL DECLARE A STRIKE
OR LOCKOUT WITHOUT FIRST HAVING BARGAINED COLLECTIVELY INACCORDANCE WITH TITLE VII OF THIS BOOK OR WITHOUT FIRST HAVING
FILED THE NOTICE REQUIRED IN THE PRECEDING ARTICLE OR WITHOUT
THE NECESSARY STRIKE OR LOCKOUT VOTE FIRST HAVING BEENOBTAINED AND REPORTED TO THE MINISTRY.
NO STRIKE OR LOCKOUT SHALL BE DECLARED AFTER ASSUMPTION OFJURISDICTION BY THE PRESIDENT OR THE MINISTER OR AFTER
CERTIFICATION OR SUBMISSION OF THE DISPUTE TO COMPULSORY OR
VOLUNTARY ARBITRATION OR DURING THE PENDENCY OF CASES
INVOLVING THE SAME GROUNDS FOR THE STRIKE OR LOCKOUT.
ANY WORKER WHOSE EMPLOYMENT HAS BEEN TERMINATED AS A
CONSEQUENCE OF ANY UNLAWFUL LOCKOUT SHALL BE ENTITLED TOREINSTATEMENT WITH FULL BACKWAGES. ANY UNION OFFICER WHO
KNOWINGLY PARTICIPATES IN AN ILLEGAL STRIKE AND ANY WORKER OR
UNION OFFICER WHO KNOWINGLY PARTICIPATES IN THE COMMISSION OFILLEGAL ACTS DURING A STRIKE MAY BE DECLARED TO HAVE LOST HIS
EMPLOYMENT STATUS: PROVIDED, THAT MERE PARTICIPATION OF A
WORKER IN A LAWFUL STRIKE SHALL NOT CONSTITUTE SUFFICIENT
GROUND FOR TERMINATION OF HIS EMPLOYMENT, EVEN IF A
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REPLACEMENT HAD BEEN HIRED BY THE EMPLOYER DURING SUCH
LAWFUL STRIKE.
b.NO PERSON SHALL OBSTRUCT, IMPEDE, OR INTERFERE WITH, BY FORCE,
VIOLENCE, COERCION, THREATS OR INTIMIDATION, ANY PEACEFUL
PICKETING BY EMPLOYEES DURING ANY LABOR CONTROVERSY OR INTHE EXERCISE OF THE RIGHT TO SELF-ORGANIZATION OR COLLECTIVE
BARGAINING, OR SHALL AID OR ABET SUCH OBSTRUCTION OR
INTERFERENCE.
c. NO EMPLOYER SHALL USE OR EMPLOY ANY STRIKE-BREAKER, NORSHALL ANY PERSON BE EMPLOYED AS A STRIKE-BREAKER.
d.NO PUBLIC OFFICIAL OR EMPLOYEE, INCLUDING OFFICERS AND
PERSONNEL OF THE NEW ARMED FORCES OF THE PHILIPPINES OR THE
INTEGRATED NATIONAL POLICE, OR ARMED PERSON, SHALL BRING IN,INTRODUCE OR ESCORT IN ANY MANNER, ANY INDIVIDUAL WHO SEEKS
TO REPLACE STRIKERS IN ENTERING OR LEAVING THE PREMISES OF A
STRIKE AREA, OR WORK IN PLACE OF THE STRIKERS. THE POLICE FORCE
SHALL KEEP OUT OF THE PICKET LINES UNLESS ACTUAL VIOLENCE OROTHER CRIMINAL ACTS OCCUR THEREIN: PROVIDED, THAT NOTHING
HEREIN SHALL BE INTERPRETED TO PREVENT ANY PUBLIC OFFICER FROM
TAKING ANY MEASURE NECESSARY TO MAINTAIN PEACE AND ORDER,PROTECT LIFE AND PROPERTY, AND/OR ENFORCE THE LAW AND LEGAL
ORDER. (AS AMENDED BY EXECUTIVE ORDER NO. 111, DECEMBER 24, 1986)
e. NO PERSON ENGAGED IN PICKETING SHALL COMMIT ANY ACT OF
VIOLENCE, COERCION OR INTIMIDATION OR OBSTRUCT THE FREE INGRESS
TO OR EGRESS FROM THE EMPLOYERS PREMISES FOR LAWFUL PURPOSES,
OR OBSTRUCT PUBLIC THOROUGHFARES. (AS AMENDED BY BATASPAMBANSA BILANG 227, JUNE 1, 1982)
ART. 265. IMPROVED OFFER BALLOTING. IN AN EFFORT TO SETTLE A
STRIKE, THE DEPARTMENT OF LABOR AND EMPLOYMENT SHALLCONDUCT A REFERENDUM BY SECRET BALLOT ON THE IMPROVED OFFER
OF THE EMPLOYER ON OR BEFORE THE 30TH DAY OF THE STRIKE. WHEN
AT LEAST A MAJORITY OF THE UNION MEMBERS VOTE TO ACCEPT THE
IMPROVED OFFER THE STRIKING WORKERS SHALL IMMEDIATELY RETURN
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TO WORK AND THE EMPLOYER SHALL THEREUPON READMIT THEM UPON
THE SIGNING OF THE AGREEMENT.
IN CASE OF A LOCKOUT, THE DEPARTMENT OF LABOR AND EMPLOYMENT
SHALL ALSO CONDUCT A REFERENDUM BY SECRET BALLOTING ON THE
REDUCED OFFER OF THE UNION ON OR BEFORE THE 30TH DAY OF THELOCKOUT. WHEN AT LEAST A MAJORITY OF THE BOARD OF DIRECTORS OR
TRUSTEES OR THE PARTNERS HOLDING THE CONTROLLING INTEREST IN
THE CASE OF A PARTNERSHIP VOTE TO ACCEPT THE REDUCED OFFER, THEWORKERS SHALL IMMEDIATELY RETURN TO WORK AND THE EMPLOYER
SHALL THEREUPON READMIT THEM UPON THE SIGNING OF THE
AGREEMENT. (INCORPORATED BY SECTION 28, REPUBLIC ACT NO. 6715,
MARCH 21, 1989)
IMPROVED OFFER BALLOTING: in case of a lock-out, the DOLE may conduct
referendum by secret balloting on the reduced offer of the union on or before the 30th day
of the lockout.
INJUNCTION
ART. 254. INJUNCTION PROHIBITED. NO TEMPORARY OR PERMANENT
INJUNCTION OR RESTRAINING ORDER IN ANY CASE INVOLVING OR
GROWING OUT OF LABOR DISPUTES SHALL BE ISSUED BY ANY COURT OR
OTHER ENTITY, EXCEPT AS OTHERWISE PROVIDED IN ARTICLES 218 AND264 OF THIS CODE. (AS AMENDED BY BATAS PAMBANSA BILANG 227, JUNE
1, 1982)
GRIEVANCE MACHINERY AND VOLUNTARY ARBITRATION
ART. 260. GRIEVANCE MACHINERY AND VOLUNTARY ARBITRATION. THEPARTIES TO A COLLECTIVE BARGAINING AGREEMENT SHALL INCLUDE
THEREIN PROVISIONS THAT WILL ENSURE THE MUTUAL OBSERVANCE OF
ITS TERMS AND CONDITIONS. THEY SHALL ESTABLISH A MACHINERY FOR
THE ADJUSTMENT AND RESOLUTION OF GRIEVANCES ARISING FROM THEINTERPRETATION OR IMPLEMENTATION OF THEIR COLLECTIVE
BARGAINING AGREEMENT AND THOSE ARISING FROM THE
INTERPRETATION OR ENFORCEMENT OF COMPANY PERSONNEL POLICIES.
ALL GRIEVANCES SUBMITTED TO THE GRIEVANCE MACHINERY WHICH
ARE NOT SETTLED WITHIN SEVEN (7) CALENDAR DAYS FROM THE DATEOF ITS SUBMISSION SHALL AUTOMATICALLY BE REFERRED TO
VOLUNTARY ARBITRATION PRESCRIBED IN THE COLLECTIVE
BARGAINING AGREEMENT.
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FOR THIS PURPOSE, PARTIES TO A COLLECTIVE BARGAINING AGREEMENT
SHALL NAME AND DESIGNATE IN ADVANCE A VOLUNTARY ARBITRATOR
OR PANEL OF VOLUNTARY ARBITRATORS, OR INCLUDE IN THEAGREEMENT A PROCEDURE FOR THE SELECTION OF SUCH VOLUNTARY
ARBITRATOR OR PANEL OF VOLUNTARY ARBITRATORS, PREFERABLY
FROM THE LISTING OF QUALIFIED VOLUNTARY ARBITRATORS DULYACCREDITED BY THE BOARD. IN CASE THE PARTIES FAIL TO SELECT A
VOLUNTARY ARBITRATOR OR PANEL OF VOLUNTARY ARBITRATORS, THE
BOARD SHALL DESIGNATE THE VOLUNTARY ARBITRATOR OR PANEL OFVOLUNTARY ARBITRATORS, AS MAY BE NECESSARY, PURSUANT TO THE
SELECTION PROCEDURE AGREED UPON IN THE COLLECTIVE BARGAINING
AGREEMENT, WHICH SHALL ACT WITH THE SAME FORCE AND EFFECT AS
IF THE ARBITRATOR OR PANEL OF ARBITRATORS HAS BEEN SELECTED BYTHE PARTIES AS DESCRIBED ABOVE.
ART. 261. JURISDICTION OF VOLUNTARY ARBITRATORS OR PANEL OF
VOLUNTARY ARBITRATORS. THE VOLUNTARY ARBITRATOR OR PANEL OFVOLUNTARY ARBITRATORS SHALL HAVE ORIGINAL AND EXCLUSIVE
JURISDICTION TO HEAR AND DECIDE ALL UNRESOLVED GRIEVANCESARISING FROM THE INTERPRETATION OR IMPLEMENTATION OF THE
COLLECTIVE BARGAINING AGREEMENT AND THOSE ARISING FROM THE
INTERPRETATION OR ENFORCEMENT OF COMPANY PERSONNEL POLICIESREFERRED TO IN THE IMMEDIATELY PRECEDING ARTICLE. ACCORDINGLY,
VIOLATIONS OF A COLLECTIVE BARGAINING AGREEMENT, EXCEPT THOSE
WHICH ARE GROSS IN CHARACTER, SHALL NO LONGER BE TREATED AS
UNFAIR LABOR PRACTICE AND SHALL BE RESOLVED AS GRIEVANCESUNDER THE COLLECTIVE BARGAINING AGREEMENT. FOR PURPOSES OF
THIS ARTICLE, GROSS VIOLATIONS OF COLLECTIVE BARGAINING
AGREEMENT SHALL MEAN FLAGRANT AND/OR MALICIOUS REFUSAL TOCOMPLY WITH THE ECONOMIC PROVISIONS OF SUCH AGREEMENT.
THE COMMISSION, ITS REGIONAL OFFICES AND THE REGIONAL DIRECTORSOF THE DEPARTMENT OF LABOR AND EMPLOYMENT SHALL NOT
ENTERTAIN DISPUTES, GRIEVANCES OR MATTERS UNDER THE EXCLUSIVE
AND ORIGINAL JURISDICTION OF THE VOLUNTARY ARBITRATOR OR
PANEL OF VOLUNTARY ARBITRATORS AND SHALL IMMEDIATELY DISPOSEAND REFER THE SAME TO THE GRIEVANCE MACHINERY OR VOLUNTARY
ARBITRATION PROVIDED IN THE COLLECTIVE BARGAINING AGREEMENT.
ART. 262. JURISDICTION OVER OTHER LABOR DISPUTES. THE VOLUNTARY
ARBITRATOR OR PANEL OF VOLUNTARY ARBITRATORS, UPON
AGREEMENT OF THE PARTIES, SHALL ALSO HEAR AND DECIDE ALL OTHERLABOR DISPUTES INCLUDING UNFAIR LABOR PRACTICES AND
BARGAINING DEADLOCKS.
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ART. 262-A. PROCEDURES. THE VOLUNTARY ARBITRATOR OR PANEL OF
VOLUNTARY ARBITRATORS SHALL HAVE THE POWER TO HOLD
HEARINGS, RECEIVE EVIDENCES AND TAKE WHATEVER ACTION ISNECESSARY TO RESOLVE THE ISSUE OR ISSUES SUBJECT OF THE DISPUTE,
INCLUDING EFFORTS TO EFFECT A VOLUNTARY SETTLEMENT BETWEEN
PARTIES.
ALL PARTIES TO THE DISPUTE SHALL BE ENTITLED TO ATTEND THE
ARBITRATION PROCEEDINGS. THE ATTENDANCE OF ANY THIRD PARTY ORTHE EXCLUSION OF ANY WITNESS FROM THE PROCEEDINGS SHALL BE
DETERMINED BY THE VOLUNTARY ARBITRATOR OR PANEL OF
VOLUNTARY ARBITRATORS. HEARING MAY BE ADJOURNED FOR CAUSE
OR UPON AGREEMENT BY THE PARTIES.
UNLESS THE PARTIES AGREE OTHERWISE, IT SHALL BE MANDATORY FOR
THE VOLUNTARY ARBITRATOR OR PANEL OF VOLUNTARY ARBITRATORS
TO RENDER AN AWARD OR DECISION WITHIN TWENTY (20) CALENDARDAYS FROM THE DATE OF SUBMISSION OF THE DISPUTE TO VOLUNTARY
ARBITRATION.
THE AWARD OR DECISION OF THE VOLUNTARY ARBITRATOR OR PANEL
OF VOLUNTARY ARBITRATORS SHALL CONTAIN THE FACTS AND THE LAWON WHICH IT IS BASED. IT SHALL BE FINAL AND EXECUTORY AFTER TEN
(10) CALENDAR DAYS FROM RECEIPT OF THE COPY OF THE AWARD OR
DECISION BY THE PARTIES.
UPON MOTION OF ANY INTERESTED PARTY, THE VOLUNTARY
ARBITRATOR OR PANEL OF VOLUNTARY ARBITRATORS OR THE LABOR
ARBITER IN THE REGION WHERE THE MOVANT RESIDES, IN CASE OF THEABSENCE OR INCAPACITY OF THE VOLUNTARY ARBITRATOR OR PANEL OF
VOLUNTARY ARBITRATORS, FOR ANY REASON, MAY ISSUE A WRIT OF
EXECUTION REQUIRING EITHER THE SHERIFF OF THE COMMISSION ORREGULAR COURTS OR ANY PUBLIC OFFICIAL WHOM THE PARTIES MAY
DESIGNATE IN THE SUBMISSION AGREEMENT TO EXECUTE THE FINAL
DECISION, ORDER OR AWARD.
GRIEVANCE MACHINERY AND VOLUNTARY ARBITRATION
Generally, a Grievance Machinery should be provided in the CBA on Questions
(grievance) of:
a. interpretation or implementation of their CBA
b. those arising from the interpretation or enforcement of company personnel policies
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Note:
a. Any issue not settled within 7 days from the date of submission automatically be
referred to Voluntary Arbitrators
b. Bypassing the Grievance Machinery is ULP however, it may be waived.
Temporary / ad hoc Arbitrator is selected when the dispute is already at hand.Permanent Arbitrator one who is selected before the dispute arises
Jurisdiction of Voluntary Arbitrator has original and exclusive jurisdiction over money
claims arising from (Grievances)
1. Contract Negotiation Disputes disputes as to the terms of a CBA
2. Contract Interpretation Disputes disputes arising under an existing CBA involving
such matters as the interpretation and application of the contract, or alleged violation of
its provisions including company policies
1) termination disputes, however if there is already an actual termination, the matter
falls with the jurisdiction of the Labor Arbiters
2) CBA violations not constituting ULP
3) Wage distortion issues
2. Upon agreement of the parties, all labor disputes including ULP and Bargaining
Deadlocks
How Arbitration is Initiated
2. a submission Agreement signed by both parties, describing the existing dispute.
3. by a demand or notice invoking a collective agreement arbitration
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Authority of an Arbitrator
1. general authority to investigate and hear the case upon notice to the parties and torender an award based on the contract and record of the case
2. incidental authority to perform all acts, necessary to an adequate discharge of hisduties and responsibilities like setting and conduct of hearing, attendance of witnesses
and production of documents and other evidences, fact-finding and other modes of
discovery, reopening of hearing, etc.
3. special powers in aid of his general contractual authority like the authority to
determine arbitrability of any particular dispute and to modify any provision of existing
agreement upon which a proposed change is submitted for arbitration
4. authority to issue writ of execution
Appeal: Decision of the VA has a 10 calendar day finality (MR may be allowed -A 262-A). there is no appeal from the decision of the Voluntary Arbitrator, however, when
applicable, it may be brought through Rule 65 certiorari to the CA (Sime Darby Phils v.Magsalin)
Grounds for Certiorari (Continental Marble v. NLRC)
1. want of jurisdiction
2. grave abuse of discretion
3. violation of due process
4. denial of substantial justice
5. erroneous interpretation of the law
Zipper Clause a stipulation in a CBA indicating that issues that could have been
negotiated upon but not contained in the CBA cannot be raised for negotiation when the
CBA is already in effect.
Effect of the CBA
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binding upon the Employer and the members of the appropriate bargaining unit even if
non-union members
enforceability of the cba to transferee employer
a) generally, the transfer of interest of the current employer to another, seversemployment relationship between the new party. EXCEPTION: when the transaction is
colored or clothed with bad faith
b) ON Mergers and Consolidation
Mergers when 2 or more corporations joint into a single corporation which is one of the
merging corporation; the separate existence of the other constituent corporation ceases
Consolidation when 2 or more corporation joint into an new single corporation;
separate existence of all the constituent corporation ceases, except that of the
consolidated corporation
Generally, the surviving or consolidated corporation shall be responsible for all theliabilities and obligations of each of the constituent corporation
Wiley Doctrine the surviving or consolidated corporation shall have the duty to bargain,
when there is relevant similarity and continuity of operations across the change inownership as evidenced by the wholesale transfer of the smaller corporations employees
to the larger corporations plant
Substitutionary Doctrine the employees cannot revoke the validity executed CBA with
their employer by the simple expedient of changing their bargaining agent. They mayhowever, negotiate the shortening of its period.
ART. 244. RIGHT OF EMPLOYEES IN THE PUBLIC SERVICE. EMPLOYEES OF
GOVERNMENT CORPORATIONS ESTABLISHED UNDER THE CORPORATION
CODE SHALL HAVE THE RIGHT TO ORGANIZE AND TO BARGAIN
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COLLECTIVELY WITH THEIR RESPECTIVE EMPLOYERS. ALL OTHER
EMPLOYEES IN THE CIVIL SERVICE SHALL HAVE THE RIGHT TO FORM
ASSOCIATIONS FOR PURPOSES NOT CONTRARY TO LAW. (AS AMENDED BYEXECUTIVE ORDER NO. 111, DECEMBER 24, 1986)
EO 180 for furtherance and protection of their interest
Declared not negotiable: those that require appropriation of funds
Negotiable: schedule of vacation and other leaves
HIGH LEVEL EMPLOYEE one whose functions are normally considered policy
determining, managerial or whose duties are highly confidential in nature
REGISTRATION: CSC and DOLE. Upon approval of the application, a registrationcertificate shall be issued to the organization
Remedies in Labor Disputes
1. Grievance Procedure in the CBA
2. Conciliation 3rd party meets with employer and labor and aids in reaching anagreement
3. Mediation 3rd party studies each side and makes proposals (cannot render an
award or decision)
4. Enforcement or compliance order an act of the Secretary in the exercise of his
visitorial power
5. Certification of Bargaining Representatives determination of which contending
unions shall represent employees in Collective Bargaining (handled by Med-Arbiters ofthe DOLE Regional Offices after certification of consent elections)
6. Arbitration - submission of a dispute to an impartial person for determination on the
basis of evidence and arguments of the parties.
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Voluntary Arbitration if the submission of dispute is by agreement of the parties and
the arbitrators or panel of arbitrators is chosen by them
(more elaborate discussion further in the material)
Compulsory Arbitration if submission of the dispute is by directive of law to the LaborArbiters of the NLRC
7. Assumption of jurisdiction by the Secretary
(among others)
POWERS AND DUTIES
ART. 217. JURISDICTION OF THE LABOR ARBITERS AND THE COMMISSION.
a. EXCEPT AS OTHERWISE PROVIDED UNDER THIS CODE, THE LABORARBITERS SHALL HAVE ORIGINAL AND EXCLUSIVE JURISDICTION TO
HEAR AND DECIDE, WITHIN THIRTY (30) CALENDAR DAYS AFTER THE
SUBMISSION OF THE CASE BY THE PARTIES FOR DECISION WITHOUT
EXTENSION, EVEN IN THE ABSENCE OF STENOGRAPHIC NOTES, THEFOLLOWING CASES INVOLVING ALL WORKERS, WHETHER AGRICULTURAL
OR NON-AGRICULTURAL:
1. UNFAIR LABOR PRACTICE CASES;
2. TERMINATION DISPUTES;
3. IF ACCOMPANIED WITH A CLAIM FOR REINSTATEMENT, THOSE CASES
THAT WORKERS MAY FILE INVOLVING WAGES, RATES OF PAY, HOURS OF
WORK AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT;
4. CLAIMS FOR ACTUAL, MORAL, EXEMPLARY AND OTHER FORMS OF
DAMAGES ARISING FROM THE EMPLOYER-EMPLOYEE RELATIONS;
5. CASES ARISING FROM ANY VIOLATION OF ARTICLE 264 OF THIS
CODE, INCLUDING QUESTIONS INVOLVING THE LEGALITY OF STRIKESAND LOCKOUTS; AND
6. EXCEPT CLAIMS FOR EMPLOYEES COMPENSATION, SOCIAL
SECURITY, MEDICARE AND MATERNITY BENEFITS, ALL OTHER CLAIMS
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ARISING FROM EMPLOYER-EMPLOYEE RELATIONS, INCLUDING THOSE OF
PERSONS IN DOMESTIC OR HOUSEHOLD SERVICE, INVOLVING AN AMOUNT
EXCEEDING FIVE THOUSAND PESOS (P5,000.00) REGARDLESS OF WHETHERACCOMPANIED WITH A CLAIM FOR REINSTATEMENT.
b. THE COMMISSION SHALL HAVE EXCLUSIVE APPELLATE JURISDICTION
OVER ALL CASES DECIDED BY LABOR ARBITERS.
c. CASES ARISING FROM THE INTERPRETATION OR IMPLEMENTATION OF
COLLECTIVE BARGAINING AGREEMENTS AND THOSE ARISING FROM THE
INTERPRETATION OR ENFORCEMENT OF COMPANY PERSONNEL POLICIESSHALL BE DISPOSED OF BY THE LABOR ARBITER BY REFERRING THE SAME
TO THE GRIEVANCE MACHINERY AND VOLUNTARY ARBITRATION AS MAY
BE PROVIDED IN SAID AGREEMENTS. (AS AMENDED BY SECTION 9,
REPUBLIC ACT NO. 6715, MARCH 21, 1989)
JURISDICTION OF LABOR ARBITERS
What is the nature of jurisdiction of Labor Arbiters?
The jurisdiction is original and exclusive in nature.
Labor Arbiters have no appellate jurisdiction.
What are the money claims over which Labor Arbiters have jurisdiction?
Money claims falling within the original and exclusive jurisdiction of the Labor Arbitersmay be classified as follows:
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 P5,000.00 per claimant (which does not necessarily involve
termination of employment).
Money claims must have arisen from employment or some aspect or incident of
such relationship (San Miguel Corp. vs. NLRC implied and innominate contract)
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Do Labor Arbiters have jurisdiction over wage distortion cases?
YES, only in unorganized establishments. In organized establishments, jurisdiction is
vested with Voluntary Arbitrators. (Art. 124, par.5)
Do Labor Arbiters have jurisdiction over money claims of Overseas Filipino Workers
(OFWs)?
YES. Those arising from employer-employee relationship or by virtue of any law or
contract involving Filipino workers for overseas deployment, including claims for actual,
moral, exemplary and other forms of damages.
(NOTE: The POEA continues to have jurisdiction over recruitment or pre-employment
cases which are administrative in nature, involving or arising out of recruitment laws,rules and regulations, including money claims arising therefrom or violation of the
conditions for issuance of license to recruit workers).
How should the monetary claims of OFWs be computed?
Skippers Pacific, Inc. vs. Mira, et al., (G. R. No. 144314, November 21, 2002) Under
Section 10, Republic Act No. 8042, the claim for unpaid salaries of overseas workers
should be whichever is less between salaries for unexpired portion of the contract or 3months for every year of the remaining unexpired portion of the contract (in case contract
is one year or more).
Do Labor Arbiters have jurisdiction over legality of strikes and lockouts?
YES, except in strikes and lockouts in industries indispensable to the national interest, in
which case, either NLRC (in certified cases) or DOLE Secretary (in assumed cases) has
jurisdiction.
NOTE: Local Water District are quasi-public corporation, employees belong to civil
service dismissal governed by the CSL (PD 198 Provincial Water Utilities Act of 1973)
ART. 218. POWERS OF THE COMMISSION. THE COMMISSION SHALL HAVE
THE POWER AND AUTHORITY:
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a. TO PROMULGATE RULES AND REGULATIONS GOVERNING THE
HEARING AND DISPOSITION OF CASES BEFORE IT AND ITS REGIONAL
BRANCHES, AS WELL AS THOSE PERTAINING TO ITS INTERNAL FUNCTIONSAND SUCH RULES AND REGULATIONS AS MAY BE NECESSARY TO CARRY
OUT THE PURPOSES OF THIS CODE; (AS AMENDED BY SECTION 10,
REPUBLIC ACT NO. 6715, MARCH 21, 1989)
b.TO ADMINISTER OATHS, SUMMON THE PARTIES TO A CONTROVERSY,
ISSUE SUBPOENAS REQUIRING THE ATTENDANCE AND TESTIMONY OFWITNESSES OR THE PRODUCTION OF SUCH BOOKS, PAPERS, CONTRACTS,
RECORDS, STATEMENT OF ACCOUNTS, AGREEMENTS, AND OTHERS AS
MAY BE MATERIAL TO A JUST DETERMINATION OF THE MATTER UNDER
INVESTIGATION, AND TO TESTIFY IN ANY INVESTIGATION OR HEARINGCONDUCTED IN PURSUANCE OF THIS CODE;
c. TO CONDUCT INVESTIGATION FOR THE DETERMINATION OF A
QUESTION, MATTER OR CONTROVERSY WITHIN ITS JURISDICTION,PROCEED TO HEAR AND DETERMINE THE DISPUTES IN THE ABSENCE OF
ANY PARTY THERETO WHO HAS BEEN SUMMONED OR SERVED WITHNOTICE TO APPEAR, CONDUCT ITS PROCEEDINGS OR ANY PART THEREOF
IN PUBLIC OR IN PRIVATE, ADJOURN ITS HEARINGS TO ANY TIME AND
PLACE, REFER TECHNICAL MATTERS OR ACCOUNTS TO AN EXPERT ANDTO ACCEPT HIS REPORT AS EVIDENCE AFTER HEARING OF THE PARTIES
UPON DUE NOTICE, DIRECT PARTIES TO BE JOINED IN OR EXCLUDED FROM
THE PROCEEDINGS, CORRECT, AMEND, OR WAIVE ANY ERROR, DEFECT OR
IRREGULARITY WHETHER IN SUBSTANCE OR IN FORM, GIVE ALL SUCHDIRECTIONS AS IT MAY DEEM NECESSARY OR EXPEDIENT IN THE
DETERMINATION OF THE DISPUTE BEFORE IT, AND DISMISS ANY MATTER
OR REFRAIN FROM FURTHER HEARING OR FROM DETERMINING THEDISPUTE OR PART THEREOF, WHERE IT IS TRIVIAL OR WHERE FURTHER
PROCEEDINGS BY THE COMMISSION ARE NOT NECESSARY OR DESIRABLE;
AND
d.TO HOLD ANY PERSON IN CONTEMPT DIRECTLY OR INDIRECTLY AND
IMPOSE APPROPRIATE PENALTIES THEREFOR IN ACCORDANCE WITH LAW.
A PERSON GUILTY OF MISBEHAVIOR IN THE PRESENCE OF OR SO NEAR
THE CHAIRMAN OR ANY MEMBER OF THE COMMISSION OR ANY LABOR
ARBITER AS TO OBSTRUCT OR INTERRUPT THE PROCEEDINGS BEFORE THESAME, INCLUDING DISRESPECT TOWARD SAID OFFICIALS, OFFENSIVE
PERSONALITIES TOWARD OTHERS, OR REFUSAL TO BE SWORN, OR TO
ANSWER AS A WITNESS OR TO SUBSCRIBE AN AFFIDAVIT OR DEPOSITIONWHEN LAWFULLY REQUIRED TO DO SO, MAY BE SUMMARILY ADJUDGED
IN DIRECT CONTEMPT BY SAID OFFICIALS AND PUNISHED BY FINE NOT
EXCEEDING FIVE HUNDRED PESOS (P500) OR IMPRISONMENT NOT
EXCEEDING FIVE (5) DAYS, OR BOTH, IF IT BE THE COMMISSION, OR A
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MEMBER THEREOF, OR BY A FINE NOT EXCEEDING ONE HUNDRED PESOS
(P100) OR IMPRISONMENT NOT EXCEEDING ONE (1) DAY, OR BOTH, IF IT BE
A LABOR ARBITER.
THE PERSON ADJUDGED IN DIRECT CONTEMPT BY A LABOR ARBITER MAY
APPEAL TO THE COMMISSION AND THE EXECUTION OF THE JUDGMENTSHALL BE SUSPENDED PENDING THE RESOLUTION OF THE APPEAL UPON
THE FILING BY SUCH PERSON OF A BOND ON CONDITION THAT HE WILL
ABIDE BY AND PERFORM THE JUDGMENT OF THE COMMISSION SHOULDTHE APPEAL BE DECIDED AGAINST HIM. JUDGMENT OF THE COMMISSION
ON DIRECT CONTEMPT IS IMMEDIATELY EXECUTORY AND
UNAPPEALABLE. INDIRECT CONTEMPT SHALL BE DEALT WITH BY THE
COMMISSION OR LABOR ARBITER IN THE MANNER PRESCRIBED UNDERRULE 71 OF THE REVISED RULES OF COURT; AND (AS AMENDED BY
SECTION 10, REPUBLIC ACT NO. 6715, MARCH 21, 1989)
Do Labor Arbiters have contempt powers?
Yes. However, it must be noted that according to the 2003 case of Land Bank of the
Philippines vs. Listana, Sr., [G. R. No. 152611, August 5, 2003], quasi-judicial agenciesthat have the power to cite persons for indirect contempt pursuant to Rule 71 of the Rules
of Court can only do so by initiating them in the proper Regional Trial Court. It is not
within their jurisdiction and competence to decide the indirect contempt cases. These
matters are still within the province of the Regional Trial Courts.
e. TO ENJOIN OR RESTRAIN ANY ACTUAL OR THREATENED COMMISSION
OF ANY OR ALL PROHIBITED OR UNLAWFUL ACTS OR TO REQUIRE THEPERFORMANCE OF A PARTICULAR ACT IN ANY LABOR DISPUTE WHICH, IF
NOT RESTRAINED OR PERFORMED FORTHWITH, MAY CAUSE GRAVE OR
IRREPARABLE DAMAGE TO ANY PARTY OR RENDER INEFFECTUAL ANYDECISION IN FAVOR OF SUCH PARTY: PROVIDED, THAT NO TEMPORARY
OR PERMANENT INJUNCTION IN ANY CASE INVOLVING OR GROWING OUT
OF A LABOR DISPUTE AS DEFINED IN THIS CODE SHALL BE ISSUED EXCEPT
AFTER HEARING THE TESTIMONY OF WITNESSES, WITH OPPORTUNITY FORCROSS-EXAMINATION, IN SUPPORT OF THE ALLEGATIONS OF A
COMPLAINT MADE UNDER OATH, AND TESTIMONY IN OPPOSITION
THERETO, IF OFFERED, AND ONLY AFTER A FINDING OF FACT BY THECOMMISSION, TO THE EFFECT:
1. THAT PROHIBITED OR UNLAWFUL ACTS HAVE BEEN THREATENEDAND WILL BE COMMITTED AND WILL BE CONTINUED UNLESS
RESTRAINED, BUT NO INJUNCTION OR TEMPORARY RESTRAINING ORDER
SHALL BE ISSUED ON ACCOUNT OF ANY THREAT, PROHIBITED OR
UNLAWFUL ACT, EXCEPT AGAINST THE PERSON OR PERSONS,
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ASSOCIATION OR ORGANIZATION MAKING THE THREAT OR COMMITTING
THE PROHIBITED OR UNLAWFUL ACT OR ACTUALLY AUTHORIZING OR
RATIFYING THE SAME AFTER ACTUAL KNOWLEDGE THEREOF;
2. THAT SUBSTANTIAL AND IRREPARABLE INJURY TO COMPLAINANTS
PROPERTY WILL FOLLOW;
3. THAT AS TO EACH ITEM OF RELIEF TO BE GRANTED, GREATER
INJURY WILL BE INFLICTED UPON COMPLAINANT BY THE DENIAL OFRELIEF THAN WILL BE INFLICTED UPON DEFENDANTS BY THE GRANTING
OF RELIEF;
4. THAT COMPLAINANT HAS NO ADEQUATE REMEDY AT LAW; AND
5. THAT THE PUBLIC OFFICERS CHARGED WITH THE DUTY TO PROTECT
COMPLAINANTS PROPERTY ARE UNABLE OR UNWILLING TO FURNISHADEQUATE PROTECTION.
SUCH HEARING SHALL BE HELD AFTER DUE AND PERSONAL NOTICE
THEREOF HAS BEEN SERVED, IN SUCH MANNER AS THE COMMISSION
SHALL DIRECT, TO ALL KNOWN PERSONS AGAINST WHOM RELIEF ISSOUGHT, AND ALSO TO THE CHIEF EXECUTIVE AND OTHER PUBLIC
OFFICIALS OF THE PROVINCE OR CITY WITHIN WHICH THE UNLAWFUL
ACTS HAVE BEEN THREATENED OR COMMITTED, CHARGED WITH THE
DUTY TO PROTECT COMPLAINANTS PROPERTY: PROVIDED, HOWEVER,THAT IF A COMPLAINANT SHALL ALSO ALLEGE THAT, UNLESS A
TEMPORARY RESTRAINING ORDER SHALL BE ISSUED WITHOUT NOTICE, A
SUBSTANTIAL AND IRREPARABLE INJURY TO COMPLAINANTS PROPERTYWILL BE UNAVOIDABLE, SUCH A TEMPORARY RESTRAINING ORDER MAY
BE ISSUED UPON TESTIMONY UNDER OATH, SUFFICIENT, IF SUSTAINED, TO
JUSTIFY THE COMMISSION IN ISSUING A TEMPORARY INJUNCTION UPONHEARING AFTER NOTICE. SUCH A TEMPORARY RESTRAINING ORDER
SHALL BE EFFECTIVE FOR NO LONGER THAN TWENTY (20) DAYS AND
SHALL BECOME VOID AT THE EXPIRATION OF SAID TWENTY (20) DAYS. NO
SUCH TEMPORARY RESTRAINING ORDER OR TEMPORARY INJUNCTIONSHALL BE ISSUED EXCEPT ON CONDITION THAT COMPLAINANT SHALL
FIRST FILE AN UNDERTAKING WITH ADEQUATE SECURITY IN AN AMOUNT
TO BE FIXED BY THE COMMISSION SUFFICIENT TO RECOMPENSE THOSEENJOINED FOR ANY LOSS, EXPENSE OR DAMAGE CAUSED BY THE
IMPROVIDENT OR ERRONEOUS ISSUANCE OF SUCH ORDER OR
INJUNCTION, INCLUDING ALL REASONABLE COSTS, TOGETHER WITH AREASONABLE ATTORNEYS FEE, AND EXPENSE OF DEFENSE AGAINST THE
ORDER OR AGAINST THE GRANTING OF ANY INJUNCTIVE RELIEF SOUGHT
IN THE SAME PROCEEDING AND SUBSEQUENTLY DENIED BY THE
COMMISSION.
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THE UNDERTAKING HEREIN MENTIONED SHALL BE UNDERSTOOD TO
CONSTITUTE AN AGREEMENT ENTERED INTO BY THE COMPLAINANT ANDTHE SURETY UPON WHICH AN ORDER MAY BE RENDERED IN THE SAME
SUIT OR PROCEEDING AGAINST SAID COMPLAINANT AND SURETY, UPON A
HEARING TO ASSESS DAMAGES, OF WHICH HEARING, COMPLAINANT ANDSURETY SHALL HAVE REASONABLE NOTICE, THE SAID COMPLAINANT
AND SURETY SUBMITTING THEMSELVES TO THE JURISDICTION OF THE
COMMISSION FOR THAT PURPOSE. BUT NOTHING HEREIN CONTAINEDSHALL DEPRIVE ANY PARTY HAVING A CLAIM OR CAUSE OF ACTION
UNDER OR UPON SUCH UNDERTAKING FROM ELECTING TO PURSUE HIS
ORDINARY REMEDY BY SUIT AT LAW OR IN EQUITY: PROVIDED, FURTHER,
THAT THE RECEPTION OF EVIDENCE FOR THE APPLICATION OF A WRIT OFINJUNCTION MAY BE DELEGATED BY THE COMMISSION TO ANY OF ITS
LABOR ARBITERS WHO SHALL CONDUCT SUCH HEARINGS IN SUCH
PLACES AS HE MAY DETERMINE TO BE ACCESSIBLE TO THE PARTIES AND
THEIR WITNESSES AND SHALL SUBMIT THEREAFTER HISRECOMMENDATION TO THE COMMISSION. (AS AMENDED BY SECTION 10,
REPUBLIC ACT NO. 6715, MARCH 21, 1989)
JURISDICTION OF THE NLRC
What are the two kinds of jurisdiction of the NLRC?
The National Labor Relations Commission exercises two (2) kinds of jurisdiction:
1.original jurisdiction; and
2. exclusive appellate jurisdiction.
Original jurisdiction.
a. Injunction in ordinary labor disputes to enjoin or restrain any actual or threatenedcommission 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.
b. Injunction in strikes or lockouts under Article 264 of the Labor Code.
c. 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 Secretary of Labor and
Employment for compulsory arbitration.
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Exclusive appellate jurisdiction.
a. All cases decided by the Labor Arbiters including contempt cases.
b. Cases decided by the DOLE Regional Directors or his duly authorized HearingOfficers (under Article 129) involving recovery of wages, simple money claims and other
benefits not exceeding P5,000 and not accompanied by claim for reinstatement.
What is the distinction between the jurisdiction of the Labor Arbiters and the NLRC?
The NLRC has exclusive appellate jurisdiction on all cases decided by the LaborArbiters. The NLRC does not have original jurisdiction on the cases over which Labor
Arbiters have original and exclusive jurisdiction (see above enumeration). If a claim doesnot fall within the exclusive original jurisdiction of the Labor Arbiter, the NLRC cannot
have appellate jurisdiction thereover.
What is the power to assume jurisdiction or certify "national interest" labor disputes to
NLRC?
When, in his opinion, there exists a labor dispute causing or likely to cause a
strike or lockout in an industry indispensable to the national interest, the Secretary of
Labor and Employment may assume jurisdiction over the dispute and decide it or certifythe same to the Commission for compulsory arbitration. (Article 263 [g], Labor Code).
What are the cases falling under the DOLE Secretary's appellate power?
a. Orders issued by the duly authorized representative of the Secretary of Labor and
Employment under Article 128 (Visitorial and Enforcement Power) may be appealed tothe latter. (Art. 128).
b. Denial of application for union registration or cancellation of union registrationoriginally rendered by the Bureau of Labor Relations (BLR) may be appealed to the
Secretary of Labor and Employment. (NOTE: If originally rendered by the Regional
Office, appeal should be made to the BLR).
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c. Decisions of the Med-Arbiter in certification election cases are appealable to the
DOLE Secretary. (Art. 259). (NOTE: Decisions of Med-Arbiters in intra-union disputesare appealable to the BLR).
Do Labor Arbiters have injunction power?
It must be noted that the provision in the 1990 version of the NLRC Rules granting
injunction power to the Labor Arbiters is no longer found in its 2002 version. It is opinedthat this deletion is correct since Article 218 of the Labor Code grants injunctive power
only to the "Commission" which obviously refers to the NLRC's various divisions and
not to the Labor Arbiter.
What are the money claims falling under the jurisdiction of DOLE Regional Directors?
Under Article 129, the Regional Director or any of the duly authorized hearing officers of
DOLE have jurisdiction over claims for recovery of wages, simple money claims andother benefits, provided that:
1. the claim must arise from employer-employee relationship;
2. the claimant does not seek reinstatement; and
3. the aggregate money claim of each employee does not exceed P5,000.00.
[Distinction of Art. 217, 128, and 129]JURISDICTION OF GRIEVANCE
MACHINERY IN THE CBA
What are the cases falling under the jurisdiction of the Grievance Machinery?
Any grievance arising from:
1. the interpretation or implementation of the Collective Bargaining Agreement(CBA); and
2. The interpretation or enforcement of company personnel policies.
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(NOTE: All grievances submitted to the grievance machinery which are not settled within
seven (7) calendar days from the date of its submission shall automatically be referred to
voluntary arbitration prescribed in the CBA)
JURISDICTION OF VOLUNTARY ARBITRATORS OR PANEL OF Vas
What are the cases falling under the jurisdiction of the Voluntary Arbitrator or panel of
Voluntary Arbitrators?
The Voluntary Arbitrator (or panel of Voluntary Arbitrators) has original and exclusive
jurisdiction over the following:
1. All unresolved grievances arising from the interpretation or implementation of the
collective bargaining agreement after exhaustion of the grievance procedure; and
2. All unresolved grievances arising from the implementation or interpretation ofcompany personnel policies. (Article 261).
3. All other labor disputes including unfair labor practices and bargaining deadlocks,
upon agreement of the parties. (Article 262).
How should cases falling under the jurisdiction of the Voluntary Arbitrator but
erroneously filed with the Labor Arbiters or DOLE Regional Offices be processed?
They shall immediately be disposed and referred to the Grievance Machinery or
Voluntary Arbitration provided in the CBA.
In case of conflict, who has jurisdiction over termination disputes, Labor Arbiter orVoluntary Arbitrator?
ATLAS FARMS, INC. VS. NLRC (G.R. NO. 142244; Nov. 18, 2002) Jurisdiction overtermination disputes belongs to Labor Arbiters and NOT with Grievance Machinery nor
Voluntary Arbitrator [cited Maneja vs. NLRC, 290 SCRA 603, 616, (1998)].
CELESTINO VIVERO VS. COURT OF APPEALS, HAMMONIA MARINE
SERVICES, ET AL., (G. R. NO. 138938, OCTOBER 24, 2000) - Under Article 262, the
Voluntary Arbitrator may assume jurisdiction only when agreed upon by the parties.
Policy Instructions No. 56 issued by DOLE Secretary Confesor clarifying the jurisdiction
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of Labor Arbiters and Voluntary Arbitrations does not apply. It reiterated the ruling that
dismissal is not a grievable issue.
ART. 219. OCULAR INSPECTION. THE CHAIRMAN, ANY COMMISSIONER,LABOR ARBITER OR THEIR DULY AUTHORIZED REPRESENTATIVES, MAY,
AT ANY TIME DURING WORKING HOURS, CONDUCT AN OCULAR
INSPECTION ON ANY ESTABLISHMENT, BUILDING, SHIP OR VESSEL, PLACEOR PREMISES, INCLUDING ANY WORK, MATERIAL, IMPLEMENT,
MACHINERY, APPLIANCE OR ANY OBJECT THEREIN, AND ASK ANY
EMPLOYEE, LABORER, OR ANY PERSON, AS THE CASE MAY BE, FOR ANYINFORMATION OR DATA CONCERNING ANY MATTER OR QUESTION
RELATIVE TO THE OBJECT OF THE INVESTIGATION.[This power is not meant to
duplicate visitorial-enforcement authority laid down under Art. 128]
ART. 220. COMPULSORY ARBITRATION. THE COMMISSION OR ANY LABOR
ARBITER SHALL HAVE THE POWER TO ASK THE ASSISTANCE OF OTHER
GOVERNMENT OFFICIALS AND QUALIFIED PRIVATE CITIZENS TO ACT AS
COMPULSORY ARBITRATORS ON CASES REFERRED TO THEM AND TO FIXAND ASSESS THE FEES OF SUCH COMPULSORY ARBITRATORS, TAKING
INTO ACCOUNT THE NATURE OF THE CASE, THE TIME CONSUMED INHEARING THE CASE, THE PROFESSIONAL STANDING OF THE
ARBITRATORS, THE FINANCIAL CAPACITY OF THE PARTIES, AND THE FEES
PROVIDED IN THE RULES OF COURT.] (REPEALED BY SECTION 16, BATASPAMBANSA BILANG 130, AUGUST 21, 1981)
ART. 221. TECHNICAL RULES NOT BINDING AND PRIOR RESORT TO
AMICABLE SETTLEMENT. IN ANY PROCEEDING BEFORE THE COMMISSIONOR ANY OF THE LABOR ARBITERS, THE RULES OF EVIDENCE PREVAILING
IN COURTS OF LAW OR EQUITY SHALL NOT BE CONTROLLING AND IT IS
THE SPIRIT AND INTENTION OF THIS CODE THAT THE COMMISSION ANDITS MEMBERS AND THE LABOR ARBITERS SHALL USE EVERY AND ALL
REASONABLE MEANS TO ASCERTAIN THE FACTS IN EACH CASE SPEEDILY
AND OBJECTIVELY AND WITHOUT REGARD TO TECHNICALITIES OF LAWOR PROCEDURE, ALL IN THE INTEREST OF DUE PROCESS. IN ANY
PROCEEDING BEFORE THE COMMISSION OR ANY LABOR ARBITER, THE
PARTIES MAY BE REPRESENTED BY LEGAL COUNSEL BUT IT SHALL BE
THE DUTY OF THE CHAIRMAN, ANY PRESIDING COMMISSIONER ORCOMMISSIONER OR ANY LABOR ARBITER TO EXERCISE COMPLETE
CONTROL OF THE PROCEEDINGS AT ALL STAGES.
ANY PROVISION OF LAW TO THE CONTRARY NOTWITHSTANDING, THE
LABOR ARBITER SHALL EXERT ALL EFFORTS TOWARDS THE AMICABLE
SETTLEMENT OF A LABOR DISPUTE WITHIN HIS JURISDICTION ON ORBEFORE THE FIRST HEARING. THE SAME RULE SHALL APPLY TO THE
COMMISSION IN THE EXERCISE OF ITS ORIGINAL JURISDICTION. (AS
AMENDED BY SECTION 11, REPUBLIC ACT NO. 6715, MARCH 21, 1989)
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Basis of Decision: submission of position papers, affidavits or documentary evidence
Modicum of admissibility: substantial evidence
Ang Tibay vs. CIR (1940) cardinal primary rights which must be respected even in
proceedings of this character:
1) right to a hearing
2) tribunal must consider the evidence presented
3) decision must be supported by something (evidence)
4) supporting evidence must be substantial
5) decision must be rendered on the evidence presented or at least contained in the
record and disclosed to the parties affected
6) the body or CIR or any of its judges must act on his own independent considerationof the law and facts, and not simply accept the views of he subordinate in arriving
decision
7) decide in such manner that parties can know the various issues involved and the
reason for the decision
ART. 222. APPEARANCES AND FEES.
a. NON-LAWYERS MAY APPEAR BEFORE THE COMMISSION OR ANY LABOR
ARBITER ONLY:
1.IF THEY REPRESENT THEMSELVES; OR
2.IF THEY REPRESENT THEIR ORGANIZATION OR MEMBERS THEREOF.
b.NO ATTORNEYS FEES, NEGOTIATION FEES OR SIMILAR CHARGES OF
ANY KIND ARISING FROM ANY COLLECTIVE BARGAINING AGREEMENTSHALL BE IMPOSED ON ANY INDIVIDUAL MEMBER OF THE CONTRACTING
UNION: PROVIDED, HOWEVER, THAT ATTORNEYS FEES MAY BE CHARGED
AGAINST UNION FUNDS IN AN AMOUNT TO BE AGREED UPON BY THEPARTIES. ANY CONTRACT, AGREEMENT OR ARRANGEMENT OF ANY SORT
TO THE CONTRARY SHALL BE NULL AND VOID. (AS AMENDED BY
PRESIDENTIAL DECREE NO. 1691, MAY 1, 1980)
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APPEAL
ART. 223. APPEAL. DECISIONS, AWARDS, OR ORDERS OF THE LABORARBITER ARE FINAL AND EXECUTORY UNLESS APPEALED TO THE
COMMISSION BY ANY OR BOTH PARTIES WITHIN TEN (10) CALENDAR
DAYS FROM RECEIPT OF SUCH DECISIONS, AWARDS, OR ORDERS. SUCHAPPEAL MAY BE ENTERTAINED ONLY ON ANY OF THE FOLLOWING
GROUNDS:
a. IF THERE IS PRIMA FACIE EVIDENCE OF ABUSE OF DISCRETION ON
THE PART OF THE LABOR ARBITER;
b. IF THE DECISION, ORDER OR AWARD WASSECURED THROUGH FRAUDOR COERCION, INCLUDING GRAFT AND CORRUPTION;
c. IF MADE PURELY ON QUESTIONS OF LAW; AND
d. IF SERIOUS ERRORS IN THE FINDINGS OF FACTS ARE RAISED WHICH
WOULD CAUSE GRAVE OR IRREPARABLE DAMAGE OR INJURY TO THEAPPELLANT.
IN CASE OF A JUDGMENT INVOLVING A MONETARY AWARD, AN APPEALBY THE EMPLOYER MAY BE PERFECTED ONLY UPON THE POSTING OF A
CASH OR SURETY BOND ISSUED BY A REPUTABLE BONDING COMPANY
DULY ACCREDITED BY THE COMMISSION IN THE AMOUNT EQUIVALENT
TO THE MONETARY AWARD IN THE JUDGMENT APPEALED FROM.
IN ANY EVENT, THE DECISION OF THE LABOR ARBITER REINSTATING A
DISMISSED OR SEPARATED EMPLOYEE, INSOFAR AS THE REINSTATEMENTASPECT IS CONCERNED, SHALL IMMEDIATELY BE EXECUTORY, EVEN
PENDING APPEAL. THE EMPLOYEE SHALL EITHER BE ADMITTED BACK TO
WORK UNDER THE SAME TERMS AND CONDITIONS PREVAILING PRIOR TOHIS DISMISSAL OR SEPARATION OR, AT THE OPTION OF THE EMPLOYER,
MERELY REINSTATED IN THE PAYROLL. THE POSTING OF A BOND BY THE
EMPLOYER SHALL NOT STAY THE EXECUTION FOR REINSTATEMENT
PROVIDED HEREIN.
TO DISCOURAGE FRIVOLOUS OR DILATORY APPEALS, THE COMMISSION
OR THE LABOR ARBITER SHALL IMPOSE REASONABLE PENALTY,INCLUDING FINES OR CENSURES, UPON THE ERRING PARTIES.
IN ALL CASES, THE APPELLANT SHALL FURNISH A COPY OF THEMEMORANDUM OF APPEAL TO THE OTHER PARTY WHO SHALL FILE AN
ANSWER NOT LATER THAN TEN (10) CALENDAR DAYS FROM RECEIPT
THEREOF.
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THE COMMISSION SHALL DECIDE ALL CASES WITHIN TWENTY (20)
CALENDAR DAYS FROM RECEIPT OF THE ANSWER OF THE APPELLEE. THE
DECISION OF THE COMMISSION SHALL BE FINAL AND EXECUTORY AFTERTEN (10) CALENDAR DAYS FROM RECEIPT THEREOF BY THE PARTIES.
ANY LAW ENFORCEMENT AGENCY MAY BE DEPUTIZED BY THESECRETARY OF LABOR AND EMPLOYMENT OR THE COMMISSION IN THE
ENFORCEMENT OF DECISIONS, AWARDS OR ORDERS. (AS AMENDED BY
SECTION 12, REPUBLIC ACT NO. 6715, MARCH 21, 1989)
APPEALSWhat are the modes of appeal from the decisions of the various labor tribunals?
1. DECISION OF LABOR ARBITERS: Appeal from the decision of the Labor Arbiter isbrought by ordinary appeal to the NLRC within ten (10) calendar days from receipt by
the party of the decision. From the decision of the NLRC, there is no appeal. The onlyway to elevate the case to the Court of Appeals is by way of the special civil action of
certiorari under Rule 65 of the Rules of Civil Procedure. From the ruling of the Court of
the Appeals, it may be elevated to the Supreme Court by way of ordinary appeal underRule 45 of the Rules of Civil Procedure. (St. Martin Funeral Home vs. NLRC, et al., G.
R. No. 130866, September 16, 1998).
2. DECISION OF VOLUNTARY ARBITRATORS: The decision of a Voluntary
Arbitrator or panel of Voluntary Arbitrators is appealable by ordinary appeal under Rule
43 of the Rules of Civil Procedure directly to the Court of Appeals. From the Court ofAppeals, 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 isoriginally 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. Ifthe cancellation is done by the BLR in a 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.
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The decision of the BLR rendered in its appellate jurisdiction may not be appealed to theSecretary 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.
5. DECISION OF THE DOLE REGIONAL DIRECTORS OR HIS DULYAUTHORIZED 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 DOLESecretary.
(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 POWERSHIPPING ENTERPRISES, INC. VS. COURT OF APPEALS, ET AL., G. R. NO.
138270, JUNE 28, 2001)
APPEAL TO THE NLRC FROM DECISIONS OF LABOR ARBITERS
What are the grounds for appeal?
There are four (4) grounds, to wit:
(a) If there is prima facie evidence of abuse of discretion on the part of the Labor Arbiter;
(b) If the decision, order or award was secured through fraud or coercion