Labor Dispute1) SMC Union-PGWO vs BErsamira A labor dispute
exists regardless of whther the disputants stand in the proximate
empoyer employee relationship, provided that the controversy
concerns the terms and conditins of employment or change or
arrangement thereof. Definition : includes any controversy
concerning 1) terms and condition of employment or 2) association
or representation of persons in negotiating, fixing, maintaining,
changing or arranging terms and condition of employment regardless
of whether the disputants stand in the proximate relation of
employer and employee. Remedies in Labor Disputea. ADR /
Alternative Dispute Resolution Modes Methods differentiated in
litigation w/c is characterized by adversarial formal presentation
of evidence and arguments in trials before a court of law.These
includes:Conciliation : efforts of third party to assist the
parties to end their dispute perhaps by condoning each others
faults or finding a give and take compromise. Mediation: theres
mediatior who takes an active role by searcing or formulating a
solution.Arbhitration: The arbitrator here is either compulsory (by
NLRC) thorugh its labor arbiters or voluntary by choice of
disputing parties.
Note: In any stage of these settlement processes, the labor
dispute may be resolved thorugh compromise agreement provided it is
not contrary to law, morals or public policy and is freely entered
into. NLRC Shall exercise its adjudicatory and all other powers,
functions and duties thorugh its DIVISIONS. The law lodges the
adjudicatory power on each of the 8 diviisons, not on the
individual commissioners nor on the whole commission.En
bancApellate
1) Promulgating rules and regulations governing the hearing and
disposition of cases before any of its divisions and regional
branches2) Over all cases decided by Labor Arbiters
3) Formulating policies affecting its administration and
operations
4) Case within the jurisdiction of one division may be heard and
decided by another division whose docket can accommodate the
additional workload
5) Appointment of LA recommended by the Commision en banc.
JURISDICTIONArt. 224 Jurisdiciton of Labor Arbiter and
CommisionORIGINAL AND EXCLUSIVE JRUISDICTION (w/in 30 days)
UTAD-VEME
1) Unfair labor practice cases;
2) Termination disputes
3) If accompanied by reinstatement, those cases workers may file
involving wages, rates of pay, hours of work and other conditions
of employment;
4) Claims for actual, moral and exemplary damages arising out of
ER-E relationship;
5) Cases arising from any violation of Art 264 involving the
legality of stirkes and lockouts;
6) Except claims for Employees Compensation, social security,
medicare and maternity benefits, all other claims, arising from
ER-E relationship7) Money claims arising from ER-E involving
Filipino OFWs;
8) Wage distortion disputes;
9) Enforcement of compromise agreements
10) Other cases as may be provided by law;
Notes: Q: Cases above listed is within the jurisdiction of LA,
is there any exception with this rule?A: YES. VOLUNTARY AGREEMENT
by the parties w/c may lead to voluntary arbitration. Why? The law
prefers voluntary arbitration rather than compulsory.1)
HAWAIIAN-PHIL CO vs GULMATICO (*sugar farm wokrers) Absent the
jurisdictional requisite of an ER-E relationship , the NLRC is wo
jurisdiction to decide the case.Q: Suppose the workplace is in Ceby
and the employers place of business is also in Cebu, but the
complainant-employees reside in Manila. Where should they file?A:2)
DAYAG vs CANIZARES That the question of venue pertains to the
conveniency of the parties rather than sub stance and merits of the
case. For purpsoes of venue, the workplace is where the employee is
regularly assigned when the cause of action arose.ULP CASESUnfair
Labor Practice any act intended or directed to weaken or defeat the
workers right to self-organize or engage in lawful concerted
activities. EFFECT = Anti-unionism (employer)3) NATIONAL UNION OF
BANK EMPLOYEES vs JUDGE LAZARO (*merger of CBTC and BPI) -
