Economic provision are renegotiated not later than 3 years, while the union

representation stays undisturbed for 5 years.

3. power to dismiss; and

4. power to control the employees conduct (important one).

Union cannot strike over intra or inter-union disputes.

LABOR DISPUTE can nevertheless exist regardless of whether the disputants

stand in the proximate relationship of employer and employee, provided the
controversy concerns, among others, the terms and conditions of employment or
a change or arrangement thereof. (SMC employees union v Bersmira).\

Labor Code allows the parties to devise more expeditious methods of bargaining than that
prescribed in the Code. It is applicable to the subject and the manner of their negotiation
but their contract cannot brush up the law aside.
the principles behind labor unionism in private industry is that industrial peace cannot
be secured through compulsion by law. Relations between private employers and their
employees rest on an essentially voluntary basis. Subject to the minimum requirements of
wage law and other labor and welfare legislation, the terms and conditions of
employment in the unionized private sector are settled through the process of collective
bargaining. (SSS Employees Association v CA).
GRIEVANCE MACHINERY required in CBA, if this machinery fails, parties are free to
select any third party, called voluntary arbitrator, to resolve their differences.
CC Every person must, in the exercise of his rights and in the performance of his duties,
act with justice, give everyone his due, and observe honesty and good faith.
WORKERS ORGANIZATION ultimate purpose is securing through united action the
most favourable conditions as regards wages, hours of labor, conditions or employment,
etc., for its memembers.
It may be said that while every union is a labor organization, not every labor organization
is a labor union. The difference is one of organization, composition and operation.
FORCES THAT LED WORKERS TO ORGANIZE
1. Desire for job security;
2. employees wished to substitute what we should term the rule of law for the arbitrary
and often capricious exercise of power by the boss.
3. unions give employees a sense of participation in the business enterprises of which
they are part a function of labor unions which became important as organization spread
into mass production industries.
The right of employees to participate in policy or decision making on matters affecting
their rights, duties, benefits or welfare is guaranteed in the Constitution and reinforced in
the Labor Code and SC rulings.
ER-EE relationship essential
If there is no Er-Ee relationship between the parties, there is no basos for
organizing for purposes of collective bargaining.
Its existence is determined by the presence of the following elements:
1. selection and engagement of the employment;
2. payment of wages;

LABOR DISPUTES includes any controversy or matter concerning terms or

conditions of employment or the association or representation of persons in
NEGOTIATING, FIXING, MAINTAINING, CHANGING or ARRANGING the terms
and conditions of employment, regardless of whether the disputants stand in the
relation of employer and employee.
KINDS OF LABOR DISPUTES
a. LS Disputes:
1. Compensation illegal pay deductions, underpayment of minimum wage
2. Benefits non-payment of holiday pay, overtime pay, or other benefits.
3. Working conditions unrectified work hazards.
b. LR Disputes
1. Organizational Right Dispute/ULP coercion, restraint and interference in
unionization efforts, ULP strike or lockout, union members complaint against
union officers.
2. Representation Disputes Refusal to bargain (ULP), bargaining in bad faith,
bargaining deadlock, economic strike or lockout.
3. Contract Administration or Personnel Policy Disputes Noncompliance with
CBA provision (ULP if gross noncompliance with economic provisions), disregard
of grievance machinery, illegal or unreasonable personnel management policies,
violation of no-strike/no-lockout agreement.
3. Employment Tenure Disputes nonregularization of employees, nonabsorption
of labor-only contracting staff; illegal termination, non-issuance of employment
contract.
REMEDIES IN LABOR DISPUTES
1. Grievance Procedure in-house adjustments of complaint, problem or dispute
following the steps prescribed in CBA or company policy.
2. Conciliation (to draw together)
3. Mediation (to be in the middle)
4. enforcement or compliance order an act of sec of labor in the exercise of his
visitorial or administyrative authority to enforce labor laws, policies, plans or
programs, or rules and regualtions.
5. Certification of bargaining representatives determination of which contending
unions shall represent employees in collective bargaining. This is handle by MedArbiters of DOLE Regional Offices after certification or consent elections.
6. Arbitration submission of a dispute to an impartial person for determination
on the basis of evidence and arguments of the parties.
6.1. Voluntary if submission of the dispute is by agreement of the parties
and the abitrators or panel of arbitrators is a judge. It done by voluntary
arbitrators.

- Decision is final and unappealable, except through certiorari.

6.2. Compulsory if submission of the dispute is by directive of law. An
arbitrator is a judge; he makes decisions and awards that the parties must accept.
It is done primarily by Labor Arbiters of the NLRC.
- decision is appealable to NLRC, then to the CA, thru special civil action
of certiorari.
7. Assumption of jurisdiction authority vested by law to the sec. of labor of the
President to decide a dispute causing or likely to cause a strike or lockouot in an
industry indispensable to national interest.
8. Certification of NLRC an action of sec. of labor empowering NLRC to
compulsory arbitrate a dispute causing or likely to cause a strike or lockout in an
industry indispensable to the national interest.
9. Injunction is an extraordinary remedy which is not favored in labor law. A writ
of injunction is issued to stop or restrain an actual or threatened commission of
prohibited or unlawful acts or to require the performance of an act, which if not
restrained or performed forthwith, may cause grave or irreparable damage to any
party or render ineffectual any decision in favour of such party. In short, an
injunction makes a negative or a positive command.
Note: the state policy, rather, is to encourage the parties to use the nonjudicial
processes of negotiation and compromise, mediation-conciliation and arbitration.
10. Judicial Actions complaint filed with regular courts in cases falling under its
jurisdiction.
11. Appeal the process by which an order, decision, or award is elevated to a
higher authority, on specified grounds, so that the order, decision or award may
be modified or set aside and a new one is issued.
- in instances, it is allowed, the administrative remedies should be availed
of, as a rule, before the aggrieved party may go to court. (EXHAUSTION OF
ADMINISTRATIVE REMEDIES).
Example:
1. An enforcement order of Regional Director in labor standard cases
appelable to Sec. of Labor.
2. A denial of union registration in the Regional Office appealable to
Bureau of Labor Relations
3. A decision of a Labor Arbiter appealable to the appropriate NLRC
division (but not to the sec. of labor).
12. Review by court No law allows appeal from a decision of the sec. of labor, or
of the NLRC, or of a voluntary arbitrator.
- in these case, the petition for certiorari, prohibition, or mandamus may be
lodged with SC or the CA.
- grounds for petition for certiorari and/or prohibition are abuse of discretion, or
lack or excess of jurisdiction.
13. Compromise agreement in any stage of any of these settlement processes,
the labor dispute may be resolved by the parties through a compromise
agreement, provided that the agreement is freely entered into and is not contrary
to law, moral, or public policy.
- it is also subject to approval of the authority before whom the case is pending.
- even a labor standard case can be settled through a compromise.
NLRC is attached
COORDINATION ONLY.

to

DOLE

SOLELY

for

PROGRAM

AND

SOLELY

Is composed of a chairman and twenty-three (23) members.

Members each shall be chosen only from among the nominees of the
workers and employers organizations, respectively.

Chairman and the 7 remaining members shall come from the public sector,
with the latter to be chosen preferably from among the incumbent labor
arbiters.

Commission shall set en banc only for purposes of PROMULGATING RULES

AND REGULATIONS governing the hearing and disposition of cases before
any of its divisions and regional branches and formulating policies affecting
its administration and operations.

It continues to act collegially, whether it performs administrative or rulemaking functions or exercises appellate jurisdiction to review decision and
final orders of the Labor Arbiters.

It shall exercise its adjudicatory and all other powers, functions and duties
through its divisions.

NOTE: Appointment of NLRC Commissioner does not require the

confirmation by the Commission on Appointments.
JURISDICTION OF LABOR ARBITER AND THE COMMISSION
Labor arbiters shall have original and exclusive jurisdiction to hear and decide
within 30 calendar days without extension the following cases:
1. Unfair labor practices (ULP)
2. Termination disputes
3. If accompanied with claim for reinstatement, those cases that workers may file
involving wages, rate 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 Er-Ee relations
5. Cases arising from any violation of Art 264 of this code including questions
involving the legality of strikes and lockouts.
6. Except claims for employees compensation, Social Security Medicare, including
those of persons in domestic or household service, involving an amount exceeding
P5,000 regardless of whether accompanied with a claim for reinstatement.
In addition,
7. Money claims arising out of Er-Ee 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, as well as employment
termination of OFWs.
8. Wage distortion disputes in unorganized establishments not voluntarily settled
by the parties pursuant to RA 6727, as reflected in Art 124.
9. Enforcement of compromise agreements when there is noncompliance by any
of the parties pursuant to Art 227 of the labor code, as amended; and
10. Other case as may be provided by law.
The nature of the proceedings of LA is non-litigious, subject to the requirements
of due process, technicalities of law and procedure in the regular courts do not
apply in NLRC.LA proceedings.
Violation of CBA would be ULP which falls under the jurisdiction of the LA and the
NLRC. (Gross Violation of CBA).

ALL KINDS OF CONTROVERSIES BETWEEN STOCKHOLDERS AND

CORPORATIONS FALL UNDER SECs JURISDICTION (Tabang v NLRC).
(INTRA_CORPORATE CONTROVERSY).

TWO ELEMENT IN DETERMINING THE JURISDICTION OF SEC

1. the status or relationship of the parties
2. the nature of the question that is the subject of their controversy.