REMEDIES IN LABOR RELATIONS

DISPUTES
a. Organizational right dispute/unfair
labor practice

b. Inter-union dispute (any conflict

between and among legitimate
labor
unions
involving
representation
questions
for
purposes of collective bargaining or
to any other conflict or dispute
between legitimate labor unions.)
or Intra-union dispute (any
conflict between and among union
members, including grievances
arising from any violation of the
rights
and
conditions
of
membership,
violation
of
or
disagreement over any provision of
the unions constitution and bylaws, or disputes arising from
chartering or affiliation of a union)
c. Collective Bargaining Agreement
Interpretation

WHERE TO FILE

PRESCRIPTIVE PERIOD

1. Regional Office (Labor Relations

Division) of the Department of
Labor which issued certificate of
registration/creation
complaints involving labor
unions with independent
registration,
chartered
locals, workers association,
its officer/members.
2. Bureau of Labor Relations
involving
federations,
national unions, industry
unions, its officers/members.
1. Regional Office ( Labor Relations
Division) of the Department of
Labor that issued its certificate of
registration
or
certificate
of
creation of chartered local if it
involves
labor
unions
with
independent
registrations,
chartered
locals,
workers
association, its officers or members
2. Directly with the Bureau of Labor
Relations
if
it
involves
a
Federation/National Unions/Industry
Unions, its officers or members.

UNFAIR LABOR PRACTICE: 1 year from the

accrual of the cause of action

Shop Steward:
employee forwards
grievance
to
Shop
Steward
who
determines if grievance is valid. Shop
steward and immediate supervisor of
employee settles the issue. Otherwise,
elevate the grievance to Grievance
Committee.

No prescriptive period provided.

If it
involves money claims, then Articles 291
applies, 3 years from accrual of the cause
of action.

Grievance Committee: (In the absence

of applicable provision in the CBA, a
grievance committee shall be created

D.O
40-03
does
not
provide
for
prescriptive period but any legitimate
labor organization or member(s) thereof
specially concerned may file a complaint
or petition involving inter/intra disputes or
any party-ininterest may file a complaint or petition
involving related labor relations disputes.
Where the issue involves the entire
membership of the labor organization, the
complaint or petition shall be supported
by at least thirty percent (30%) of its
members.

within 10 days from signing of the CBA,

composed at least 2 representatives each
from the members of the bargaining unit
and the employer.) handles either the
elevated grievance by the shop steward
or Where the issue involves or arises from
the interpretation or implementation of a
provision in the collective bargaining
agreement,
or
from
any
order,
memorandum, circular or assignment
issued by the appropriate authority in the
establishment.
Panel of Voluntary Arbitrators of
Voluntary Arbitrator: Where grievance
remains unresolved, either party may
serve notice upon the other of its decision
to submit the issue to voluntary
arbitration. The notice shall state the
issue or issues to be arbitrated, copy
thereof furnished the board or the
voluntary arbitrator or panel of voluntary
arbitrators named or designated in the
collective bargaining agreement. If the
party upon whom the notice is served fails
or refuses to respond favorably within
seven (7) days from receipt thereof, the
voluntary arbitrator or panel of voluntary
arbitrators designated in the collective
bargaining agreement shall commence
voluntary arbitration proceedings.
d. Employment
tenure/termination
disputes (Reliefs: Backwages and
/or Reinstatement plus Damages as
applicable )
e. Strike or Lock-out

Complaint must be filed with the Regional

Branch of the NLRC
Regional
Branch
of
the
National
Conciliation and Mediation Board

The complaint must be filed with four (4)

years from the time the employee is
dismissed or from the accrual of the cause
of action.
Notice of Strike or Lock-out: 30 days prior
to the intended strike or lock-out (applies
to CBA deadlock)
If it is ULP: 15 days prior to the intended
strike or lock-out

ULP Qualifier: Dismissal from employment

of any union officer duly elected: no 15day cooling off period, union meeting
action immediately after the strike vote