JURISDICTION OF LABOR ARBITER AND NLRC Without labor organizations, you cannot have collective bargaining or you cannot

think of a strike. There must be an LLO The labor organization must be certified first as the SOLE A ! E"#L$S%&E 'A()A% % ) (E*(ESE TAT%&E There are + ,ays by ,hich a LO is certifiedo &oluntary registration. or o *#E or Election, may it be #ertification #onsent. or (un/off $nless you are certified, you cannot 0roceed ,ith #'A When one is 0revented from organizing, that is a form of $L* $L*, in the conte1t of the Labor #ode, anything that diminish, interferes or 0revent ,orkers from the e1ercise of their right to self/organization. %LO2s convention 34 and 53 refers to right of organization, freedom of association and collective bargaining. Strike o $L*, refusal to bargain and bargaining deadlock are grounds for strike. 6o, an organization becomes LLO7 o *rinci0ally, by registration o o *ossesses all the rights of an LLO &oluntary recognition #hartering 8 #hartered LLO 6as Limited rights %t is only considered an LLO for 0ur0oses of filing a *etition for #ertification Election.

Are cases certified by the Secretary of Labor and Em0loyment involving strikes and lockouts under Art. +A? 9g; o The L(# can do + actionsAssum0tion of Burisdiction The Secretary may certify a strike case for com0ulsory arbitration o The Sec. ,ill grant ,ith the L(# as original Burisdiction Other,ise, the Sec. ,ill have to resolve the controversy

Art. +<4 A(T. +<4. Jurisdiction of the Labor Arbiters and the Commission. / 9a; E1ce0t as other,ise 0rovided under this #ode, the Labor Arbiters shall have !riginal and e" lusi#e jurisdi ti!n to hear and decide, ,ithin thirty 9?D; calendar days after the submission of the case by the 0arties for decision ,ithout e1tension, even in the absence of stenogra0hic notes, the follo,ing cases involving all ,orkers, ,hether agricultural or non/agricultural<. $nfair labor 0ractice cases. +. Termination dis0utes. ?. %f accom0anied ,ith a claim for reinstatement, those cases that ,orkers may file involving ,ages, rates of 0ay, hours of ,ork and other terms and conditions of em0loyment. / the 0resum0tion is there is termination :. #laims for actual, moral, e1em0lary and other forms of damages arising from the em0loyer em0loyee relations. >. #ases arising from any violation of Article +A: of this #ode, including @uestions involving the legality of strikes and lockouts. / there is illegal strike ,hen there is failure to observe the 0rocedure and / commission of illegal acts during the strike such as blocking the igress and engress and A. Except claims for Employees Compensation, Social Security, Medicare and maternity benefits, all other claims arising from em0loyer/em0loyee relations, including those of 0ersons in domestic or household service, involving an amount e1ceeding five thousand 0esos 9*>,DDD.DD; regardless of ,hether accom0anied ,ith a claim for reinstatement. / ,hat is the difference bet,een EA and E?7 %n EA, the Burisdiction is to the amount o E1ceeding *>DDD F ,hatever %n E?, the EE is asking for reinstatement F a case of termination 9b; The #ommission shall have e1clusive a00ellate Burisdiction over all cases decided by Labor Arbiters. c; #ases arising from the inter0retation or im0lementation of collective bargaining agreements and those arising from the inter0retation or enforcement of com0any 0ersonnel 0olicies shall be dis0osed of by the Labor Arbiter by referring the same to the grievance machinery and voluntary arbitration as may be 0rovided in said agreements.

*#E o #ertification election and o &oluntary recognition $L* 9Art +:4; o %s it a form of interference7 o Will it diminish the ,orkers2 right to self/ organization7 Strike o #ooling/off 0eriod

NLRC generally appellate jurisdi ti!n Art. +<4 #ases- =ose San vs. *atricia Sto. Tomas, gr no. 3>?+4 )eiko vs. @uisumbing, +?5 s AAA The L(# has only + original Burisdictions<. %ssuance of the T(O and %nBuntionC only the division can issue the T(O. and +. #ertified cases

9As amended by Section 5, (e0ublic Act o. A4<>, Garch +<, <535;.

A(T. +++. A00earance of on/La,yers - %f they re0resent themselves or if they re0resent their organization or members thereof like union officers of a union A(T. ++<. Technical (ules A**EAL C (e@uisites<. Gust be seasonably filed F ,ithin <Ddays +. file a Gemorandum of a00eal, groundsAbuse of discretion. !ecision ,as secured through fraud, corru0tion, etc.. *ure @uestion of la,. Serious errors, ,hen not corrected ,ill cause inBury to the a00ellant. ?. if it involves monetary a,ard, there must filing of bond o o o o *eriod for a00eal- <D days - G( is not a re@uisite for a00eal. if filed, it ,ill be treated as an a00eal - %n labor standards, G( is re@uired - %n case of a Budgment involving monetary a,ard, an a00eal by the E( is 0erfected only u0on his 0osting of a bond C cash or surety bond, issued by a re0utable bonding com0any duly accredited by the #ommission C in the amount e@uivalent to the monetary a,ard in the Budgment a00ealed from. - $nder L(#, you may ask for reduction of the bond u0 to >DI #om0liance order C issued by the (egional !irector in cases of enforcement of Labor Standards o reduction in the a00eal bond unlike in L(# rules - %f there is failure to 0ost a bond, the case may become final and e1ecutory - %n L(#, one can file a Gemorandum of A00eal ,ith Gotion to (educe 'ond What is the effect of a 0erfection of an a00eal7 - The LA loses Burisdiction over the case - Then, all 0leadings ,ill be addressed ,ith the #ommission - The e1ecution of the Budgment by the LA ,ill be stayed u0on the 0erfection of the a00eal o if the decision includes an order of reinstatement of a dismissed Ee, the LA shall immediately issue a 0artial ,rit of e1ecution even 0ending a00eal o (einstatement is a subBect of an e1ecution 0ending a00eal 'ack,ages are not e1ecuted but ,ill be stayed 0ending a00eal Any,ay, it is secured by the bond (emedy of the E( *hysical (einstatement C there is 0ayment *ayroll (einstatement / u0on reinstatement, there is no more back,ages E(ECUTION AND DECISION ORDERS OR A'ARD o court can issue inBunction over the orders of LA o E1ce0tion if it involves a 0ro0erty of a ?rd 0arty - LA has contem0t 0o,ers

ADDITIONAL JURISDITION OF T$E LA% <. Goney claims of OHW arising out of Overseas em0loyment, including claims of actual, moral, e1em0lary and other damages C (A 3D:+. +. Wage !istortion of unorganized establishment ?. Enforcement of com0romise agreement :. When the issue involves inter0retation of com0any 0olicies, ,hat ,ould the LA do7 o )rievance mechanism first then subse@uently, refer to &ol. Arbitation #or0orate dis0uteso There are ? officers of a cor0oration C *resident, Secretary and Treasurer The com0any by/la,s may 0rovide additional officers LA has Burisdiction over other officers not mentioned by the #'L or the cor0oration E1am0le- ,henever there is an 9em0loyment; dis0ute involving the cor0orate &ice/ *resident, the case is cognizable by the labor arbiter o %t is not a cor0orate dis0ute because cor0orate dis0ute is limited to the officers named in the #'L or other,ise the cor0oration code =urisdiction is ,ith the regular courts 9(A 3455; o inBunction to strikes or lockout The LA has no authority to issue an inBunction or other ancillary remedies %nBunction and T(O / it is only the #ommission ,ho can issue

&enue of the Labor Arbiter C the 0lace of ,ork or ,herever convenient on the 0art of the ,orker. The venue should be on the 0reference of the ,orker Art. +<? C read &O'ERS OF T$E NLRC E> C The 0o,er to issue T(O and inBunction The #ommission has a00ellate Burisdiction over the decisions of the LA

Art. ++< C %t is im0ortant to ackno,ledge that at any stage of the case, amicable settlement 9AS; may be had o A manifestation must only be made that there is already amicable settlement Therefore, you move for the dismissal of the case The settlement must be freely given by both 0arties o *ur0oses of AS- to avoid litigation or to 0ut an end to one that has already commenced F end of controversy

Sus0ension of Ee is not a form of 0enalty, it is a 0rocedure. These cases are ,ithin the Burisdiction of the LA.