Labor Review Notes

Art. 219 – National Labor Relations Commission

The NLRC exercises its powers, functions, and duties through its divisions.

The following functions can only be exercised by NLRC en banc:

1. Promulgation of rules governing the hearing and disposition of cases.

2. Formulation of policies affecting its administration and operations.
3. Granting of temporary authorization for a particular division to hear and decide cases of another
division.

RA 6715 divested the NLRC en banc of adjudicatory power. Which thenceforth could be exercised only
through the NLRC division. Upon effectivity of said law, the NLRC en banc could only sit for the ABOVE
stated functions.

ORIGINAL JURISDICTION OF THE NLRC

1. Cases certified to it by the Sec. of Labor and employment.

2. Injunction Cases.

APPELLATE JURISDICTION OF THE NLRC

1. Cases decided by the Labor Arbiter.

2. Cases decided by the Regional Director of the DOLE.

Administrative functions of the NLRC chairman

1. To preside over the en banc sessions

2. To exercise administrative supervision over the NLRC, regional branches and personnel.

Art. 223 (b) (formerly Art. 217) – Exclusive Appellate jurisdiction

The commission shall have exclusive appellate jurisdiction over all cases decided by Labor Arbiters.

Art. 228 or 229? (formerly Art. 223) APPEAL – NOT YET DONE

Art. 224 (formerly Art. 218) Power of the Commission

Rule-making power of the NLRC:

1. Promulgate rules and regulations governing hearing and disposition of cases before it and its
regional branches.
 2. Promulgate rules and regulations pertaining to its internal functions and such rules and
regulations as may be necessary to carry out the purposes of the Labor Code.

The rule-making power can be exercised by the NLRC only when sitting en banc.

INVESTIGATIVE POWER of NLRC

1. Administer oaths
2. Summon the parties to a controversy
3. Issue subpoena duces tecum and ad testificandum
4. Hear and determine the disputes eve in the absence of a party who has been summoned to
appear.
5. Conduct its proceedings or any part thereof in public or rivate
6. Adjourn its hearings
7. Refer technical matters or accounts to an expert and accept his report as evidence after hearing
of the parties upon due notice;
8. Direct parties to be enjoined in or excluded from proceedings
9. Correct, amend, or waive any error, defect, or irregularity, whether in substance or in form.
10. Give all such directions as it may deem necessary or expedient in the determination of the
dispute before it
11. Dismiss any matter or refrain from hearing further or from determining the dispute or part
thereof where it is trivial or where further proceedings are not necessary or desirable.

THE CONTEMPT POWER

The NLRC can hold any person in direct or indirect contempt. But it cannot be exercised against a judge
of the RTC.

A person adjudged guilty of the direct or indirect contempt by a Labor Arbiter may appeal to the NLRC
within 5 calendar days from notice of judgment.

Execution of the judgment shall be suspended during the pendency of the appeal, provided that a bond
is posted in condition that he will abide by and perform the judgment should the appeal be decided
against him.

THE INJUNCTIVE POWER

The NLRC’s authority to issue injunction is conditioned upon the EXISTENCE OF A LABOR DISPUTE.

Without the labor dispute, the jurisdiction to issue injunction devolved upon the REGULAR COURTS.
SUBSTANTIVE REQUISITES of LABOR INJUNCTION

In labor disputes, temporary or permanent injunction can be issued only upon proof that:

1. Prohibited or unlawful acts have been threatened and will be committed and will be continued
unless restrained.
2. Substantial and irreparable injury to complainant’s property will follow.
3. Greater injury will be inflicted upon complainant than that inflicted upon respondent if relief is
not granted.
4. No adequate remedy at law.
5. The public officers are unable or unwilling to furnish adequate protection.

Factual findings should be included in the injunction order on each of the requirements otherwise it is
null and void.

PROCEDURAL REQUISITES of LABOR INJUNCTION

1. Verified petition
2. Personal notice served to all known persons against whom relief is sought and other public
officials in charge to protect the property
3. Hearing

Can the NLRC enjoin a strike? NO!! except in the ff cases:

1. When the strike is done by employees who are not accorded the right to strike (managerial
employees)
2. When the strike is staged because of an intra-union or inter-union dispute.

The NLRC can issue injunction against illegal acts committed during such strike.

Can the NLRC enjoin an employer from conducting disciplinary proceedings?

NO. investigation and imposition of disciplinary action against erring employees is a function that solely
and exclusively belongs to an employer.

Can the NLRC enjoin an employer from dismissing an employee? NO. the proper recourse of the
dismissed employee is not injunction but a complaint for illegal dismissal.

TEMPORARY RESTRAINING ORDER

TRO is a directive to maintain the status quo until the hearing of an application for temporary injunction.
Its purpose is merely to maintain the subject of the controversy until there may be an opportunity to
inquire on whether an injunction should be granted.

Unlike injunction, TRO may be issued ex parte under the ff conditions:

 1. The petition should allege that substantial and irreparable injury to petitioner’s property will be
unavoidable, unless a temporary restraining order is issued without notice;
2. The petitioner should present testimony under oath or affidavits of witnesses to prove such
substantial and irreparable injury
3. The petitioner should post a cash bond in the amount not less than 50k or such higher amount
as may be determined by the NLRC to recompense those enjoined for any loss, expense or
damage caused by the erroneous issuance of such order or injunction.

Life span of TRO: it has a non-extendible lifetime of 20 days after which it automatically becomes void.

When TRO becomes effective: when required cash bond is posted.

Art. 231 or 231 (formerly Art. 226) Bureau of Labor Relations.