LABOR ARBITERS are the National Labor Relation Commission (NLRC)

representatives in the countrys various regions. Lawyers by profession, the arbiters

arbitrate and decide disputes between the parties.

JURISDICTION OF LABOR ARBITERS

The Labor Arbiters 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, the following
cases involving all workers, whether agricultural or non-agricultural.

CASES FALLING UNDER THE ORIGINAL AND EXCLUSIVE JURISDICTION OF THE

LABOR ARBITERS:

1. Unfair labor practice (ULP) (Article 247)

Unfair labor practices violate the constitutional rights of workers and

employees to self-organization, are inimical to the legitimate interests of
both labor and management, including their right to bargain collectively
and otherwise deal with each other in an atmosphere of freedom and
mutual respect, disrupt industrial peace and hinder the promotion of
healthy and stable labor-management relations.

It also violations of the civil rights of both labor and management but also
criminal offenses against the State which shall be subject to prosecution
and punishment.

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 strikes and lockouts.

Violation or Prohibition activities under Article 264 are:

 a. No labor organization or employer shall declare a strike or lackout
without first having bargained collectively in accordance 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 been obtained and reported to the ministry.

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 in the exercise of the right of self-
organization or collective bargaining, or shall aid abet such obstruction
or interference.

c. No employer shall use or employ any strike- breaker, nor shall 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 or other
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.

e. No person engaged in picketing shall commit any act of violence,

coercion or intimidation or obstruct public thoroughfares.

6. Except claims for Employees Compensation, Social Security, Medicare and

maternity benefits, all other claims, 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 whether
accompanied with a claim for reinstatement.

This Article enumerates the cases falling under original and exclusive
jurisdiction of the labor arbiters. This gives the impression that none but a labor
arbiter can hear and decide the six categories of cases listed. But this is not really
so. Any or all of these cases can, by agreement of the parties, be presented to and
decided with finality by a voluntary arbitrator or panel of voluntary arbitrators.
ADDITIONAL CASES FALLS UNDER ORIGINAL AND EXCLUSIVE JURISDICTION
OF LABOR ARBITERS ARE THE FOLLOWING:

1. Money claims arising out of 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;

Migrant Workers Act (R.A. No. 8042) amended by Republic Act No.
10022 An Act Amending Republic Act No. 8042, otherwise known as the
Migrant Workers and Overseas Filipinos Act of 1995.

Section 7. Section 10 of Republic Act No. 8042, as amended, is hereby

amended to read as follows:

"SEC. 10. Money Claims. - Notwithstanding any provision of law to the

contrary, the Labor Arbiters of the National Labor Relations Commission
(NLRC) shall have the original and exclusive jurisdiction to hear and decide,
within ninety (90) calendar days after the filing of the complaint, the claims
arising out of an 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 damage. Consistent with this
mandate, the NLRC shall endeavor to update and keep abreast with the
developments in the global services industry.

As mentioned in Book I (Everyones Labor Code by: c. Azucena) R.A. No.

8042 has transferred from the POEA to the labor arbiters the jurisdiction over
claims arising from employer-employee relationship involving Filipino workers
overseas. Such claims include termination dispute involving anOFW who
worked and was dismissed by the employer abroad.

2. Wage distortion disputes in unorganized establishment not voluntarily settled

by the parties, pursuant to Article 124 of the Labor Code.

Article 124. Standards/Criteria for minimum wage fixing- The regional

minimum wages to be established by the Regional Board shall be as
nearly adequate as is economically feasible to maintain the minimum
standards of living necessary for the health, efficiency and general well-
being of the employees within the framework of the national economic and
social development program.
 Note: Labor Arbiters have jurisdiction over wage distortion cases only in
unorganized establishment. In organized establishment jurisdiction is
vested with Voluntary Arbitrators.

3. Enforcement of compromise agreements when there is non-compliance by

any of the parties, pursuant to Article 227 of the Labor Code;

Article 227. Comprise Agreements.- Any compromise settlement, including

those involving labor standard laws, voluntarily agreed upon by the
parties with the assistance of the Bureau or the regional office of the
Department of Labor, shall be final and binding upon the parties. The
National labor Relations Commission or any court shall not assume
jurisdiction over issues involved therein except in case of noncompliance
thereof or if there is prima facie evidence that the settlement was obtained
through fraud, misrepresentation, or coercion.

4. Other cases as may be provided by law.

NATIONAL CONCILIATION AND MEDIATION BOARD

An agency that helps in avoiding strikes by exhaustion of pacific measures.

The NCMB is a dispute-resolution arm under the administrative supervision of

the Secretary of Labor and Employment. Created by Executive no. 126 in January 30,
1987 as amended by Executive order No. 251 July 25, 1987, the main task is to help
settle labor disputes to prevent actual work stoppages.

JURISDICTION OF NATIONAL CONCILIATION AND MEDIATION BOARD

1. The NCMB has jurisdiction over conciliation, mediation and voluntary

arbitration cases. It performs preventive mediation and conciliation functions.
It administers the voluntary arbitration program; maintains/updates a list of
voluntary arbitrators; compiles arbitration awards and decisions; and provides
counselling and preventive mediation assistance particularly in the
administration of collective agreements.

2. Unresolved grievances arising from the interpretation and implementation of

the productivity incentive programs under RA 6971.

Sec. 9 RA 6971
 Sec. 9. Disputed and Grievances- whenever disputed,
grievances, or other matters arise from the interpretation or
implementation of the productivity incentive program, the labor-
management committee shall meet to resolve the dispute, and may seek
the assistance of the National Conciliation and Mediation Board of the
Department of Labor and Employment for such purpose. Any dispute
which remains unresolved within twenty (20) days from the time of its
submission to the labor-management committee shall be submitted for
voluntary arbitration in line with the pertinent provisions of the Labor Code
as amended.