Labor Law Review People’s Broadcasting Case (2009): Yes, however, its determination is only preliminary.
The final determination belongs to the NLRC.
Jurisdiction and Remedies
CIVIL SERVICE COMMISSION
Art. 276[291]. Government employees – The terms and conditions of employment of all
government employees, including employees of government-owned and controlled
corporations, shall be governed by the Civil Service Law, rules and regulations. Their
salaries shall be standardized by the National Assembly as provided for in the New
Constitution. However, there shall be no reduction of existing wages, benefits and other
terms and conditions of employment being enjoyed by them at the time of the adoption
of this Code.
Note: GOCC with original charter – CSC, GOCC created under the Corporation Code – LA.
(1) Administrative enforcer of VAWC leave under R.A. 9262 in case of employees in the
government
REGIONAL TRIAL COURTS
(1) Violation of non-compete clause (Portillo v. Rudolf Lietz)
(2) Intra-corporate controversies of officers under Sec. 25 of the Corporation Code (See
Matlig v. Coros)
(3) Civil and criminal actions arising from “Batas Kasambahay”
(4) Criminal actions arising from payment of wages other than legal tender (Art. 102)
(5) Violation of non-interference in the disposal of wages
(6) Retaliatory measures if unlawful act under Art. 118
(7) False reporting of statements, records and report under Art. 119
SECRETARY OF LABOR (SOLE)
Powers
(1) Visitorial and Enforcement under Art. 128: (No Appeal; file MR, may only be
reviewed via Rule 65 with the CA)
(2) Power to inspect employer’s record and premises at any time of the day or night
whenever work is being undertaken therein any fact, condition or matter which may
be necessary to determine violations or which may aid in the enforcement of this
code of any labor law, wage order or rules and regulations issued pursuant thereto.
(3) Power to copy, to question employee or investigate
(4) Power to issue compliance orders
(5) Power to issue writs of execution
(6) Power to order stoppage of work or suspension of operation (Remedy of Adverse
Party: Motion to lift order of stoppage or work or suspension of operation)
Duano: May the SOLE in the exercise of its enforcement power make a determination of
e-e relationship?
People’s Broadcasting Case (2012) (MR of 2009 Decision): Yes, SOLE’s determination of e-
e relationship is co-extensive with the NLRC
(7) Visitorial Power under Art. 37 (Duano: authorized representative always refers to RD)
(8) Inspect the premises, books of accounts and records of any person or entity covered
by this Title
(9) Require it to submit reports regularly on prescribed forms
(10) Act on violation of any provisions of this Title
(11) Visitorial Power under Art. 289
Art. 289[274]. Visitorial power – The Secretary of Labor and Employment or his duly
authorized representative is hereby empowered to inquire into the financial activities of
legitimate labor organizations upon the filing of a complaint under oath and duly
supported by the written consent of at least twenty percent (20%) of the total
membership of the labor organization concerned and to examine their books of accounts
and other records to determine compliance or non-compliance with the law and to
prosecute any violations of the law and the union constitution and by-laws: Provided,
That such inquiry or examination shall not be conducted during the sixty (60)-day freedom
period nor within the thirty (30) days immediately preceding the date of election of union
officials. (As amended by Section 31, Republic Act No. 6715, March 21, 1989)
(12) Any Labor Dispute involving industries indispensable to National Interest:
(13) Assume jurisdiction; or
Duano: What is the scope of the assumption of SOLE?
Bangaw (hehe) v. Pilipinas Petroleum Corp. (2014). It is an extraordinary and pre-emptive
power. Thus, SOLE has full authority to determine all matters in dispute. It is deemed
subsumed (absorbed) in the assumption of jurisdiction by the SOLE.
(14) Certify the same to the NLRC (Remedy on the Certification Order; MR)
(15) Regulatory Powers Under Art. 36
(16) Power to restrict and regulate the recruitment and placement activities within the
coverage of this Title
(17) Authority to issue orders and promulgate rules and regulations to carry out the
objectives and implement the provisions of this Title
(18) Contempt Powers under Art. 231
Art. 231[225]. Contempt powers of the Secretary of Labor – In the exercise of his powers
under this Code, the Secretary of Labor may hold any person in direct or indirect
contempt and impose the appropriate penalties therefor.
(19) Power to Issue Alien Employment Permit under Art. 40
Art. 40. Employment permit of non-resident aliens – Any alien seeking admission to the
Philippines for employment purposes and any domestic or foreign employer who desires
to engage an alien for employment in the Philippines shall obtain an employment permit
from the Department of Labor.
(20) Power to suspend the effects of termination under Art. 292[277](b), last par.
Art. 292[277](b), last par. The Secretary of the Department of Labor and Employment
may suspend the effects of the termination pending resolution of the dispute in the event
of a prima facie finding by the appropriate official of the Department of Labor and
Employment before whom such dispute is pending that the termination may cause a
serious labor dispute or is in implementation of a mass lay-off.
(21) Power to investigate violation of apprenticeship agreement upon complaint or motu
proprio
(22) Plant Apprenticeship Committee receives the complaint for violation of
apprenticeship agreement
(23) In case of failure to PAC to settle the issue, the appropriate TESDA Provincial Office
or its duly authorized representative shall refer the case to the DOLE
Regional/Provincial Official to render decision.
(24) The decision of the DOLE Regional/Provincial Office shall be appealable to the DOLE
within 5 days from the decision under Art. 66
(25) The DOLE Secretary’s decision shall be final and executory
(26) File MR with SOLE
(27) File petition for certiorari with the CA under Rule 65
(28) In case of adverse decision, file MR
(29) In case MR is denied, file petition for review on certiorari under Rule 45
(30) Power to determine the “fair and reasonable value” of board, lodging and facilities
customarily furnished by the employer (Art. 97(f))
(31) Power to regulate payment of wages by results (Art. 101)
(32) Power to determine when check or money order may be allowed (Art. 102)
(33) Power to determine place of payment of wages (Art. 104)
(34) Power to determine circumstances where indirect payment to employees may be
allowed (Art. 104)
(35) Power to accept payment of wages in case of death of the employee (Art. 105(b))
(36) Power to act as referee in dividing amount of wages to the heirs in case of death of
employee (Art. 105(b))
(37) Power to issue regulations to restrict or prohibit the contracting-out of labor (Art.
106, par. 3)
(38) Power to determine when employer may be allowed to make deductions as to the
wages of workers
(39) Power to determine whether deposits for loss is necessary and desirable (Art. 114)
(40) Power to issue regulations for the maintenance of employment records in aid of its
enforcement and visitorial powers (Art. 128(f))
(41) Power to provide appropriate regulations in case medical and dental services
required from employers having not exceeding 50 employees (Art. 163[157](a))
(42) Power to establish the qualifications, criteria and conditions of employment of health
personnel (Art. 166[160])
(43) Power to set and enforce mandatory occupational safety and health standards and
update existing programs (Art. 166[162])
(44) Those cases (which may refer to ULP) that are submitted or ascribed in national
interests cases under Art. 279(g) (SOLE’s assumption of jurisdiction or certified labor
dispute to NLRC) under Art. 279(g)
(45) Those cases (which may refer to termination disputes) that are submitted or ascribed
in national interests cases under Art. 279(g) (SOLE’ assumption of jurisdiction or
certified labor dispute to NLRC) under Art. 279(g)
(46) Power to issue regulations in relation to industrial and homeworkers and field
personnel
(47) Power to call a national, regional or industrial tripartite conference of
representatives of government, workers and employers for the consideration and
adoption of voluntary codes of principles designed to promote industrial peace based
on social justice or to align labor movement relations with established priorities in
economic and social development (Art. 290[275](b))
Concurrent Jurisdiction (POEA Administrator)
(1) Power to suspend and/or cancel license or authority under Art. 35/LC (Romero v.
People, G.R. No. 171644, November 23, 2011)
Appellate Jurisdiction
(1) Orders issued by the Regional Director and His Authorized Representative under the
Visitorial and Enforcement Power
(2) Decision of the BLR rendered in its Original Jurisdiction in Union Registration (Denial
of Application or Cancellation of Registration)
(3) Decision of Med-Arbiter in Certification Election Cases
(4) Decisions of POEA
PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION
Original and Exclusive
Note: Administrative in character (Remedy: Appeal to the DOLE Secretary)
The POEA shall exercise original and exclusive jurisdiction to hear and decide:
(1) All pre-employment recruitment violations cases which are administrative in
character, involving or arising out of violations of Rules and Regulations relating to
licensing and registration, including refund of fees collected from the workers or
violation of the conditions for issuance of license or authority to recruit workers; and
(2) Disciplinary action cases and other special cases, which are administrative in
character, involving employers, principals, contracting partners and OFWs processed
by the POEA
Note:

(1) Only Licensed and Authorized Agencies are subject to the Administrative proceedings
of the POEA. Those not licensed nor authorized are subject to criminal prosecution
through the assistance of the POEA before the RTC
(2) The POEA has no more jurisdiction over monetary claims of OFWs, the same having
been transferred to the LA by virtue of R.A. 8042, except for refund of fees. The POEA
can still assume jurisdiction
Concurrent Jurisdiction (SOLE)
Power to suspend and/or cancel license or authority under Art. 35/LC (Romero v. People,
G.R. No. 171644, November 23, 2011)
TECHNICAL EDUCATION AND SKILLS DEVELOPMENT AUTHORITY
(1) Rule Making Power under R.A. 7796, Sec. 36
REGIONAL TRIPARTITE WAGE PRODUCTIVITY BOARD
(1) Power to determine and fix minimum wage rates applicable in the region, provinces
– industries therein;
(2) To issue the corresponding wage order subject to the guidelines issued by the NWPC;
(3) Issue exceptions from Wage Order subject to the Review and Approval by NWPC
(Remedy: Appeal to the NWPC within 10 days from publication of such Wage Order.
It is mandatory for the NWPC to decide such appeal within 60 calendar days from the
filing thereof)
Note: Appeal will not stay the implementation of Wage Order, unless there is a bond
NATIONAL WAGES AND PRODUCTIVITY COMMISSION
(1) Power to Review Regional Wage Levels set by RTWPBs to determine if these are in
accordance with the prescribed guidelines and national development funds (No
Appeal: may only be reviewed via Rule 65)
(2) Appellate jurisdiction over wage Orders issued by the RTWPB
(3) Review and Approve Exceptions from Wage Orders
DOLE REGIONAL DIRECTOR OR DULY AUTHORIZED HEARING OFFICERS
(1) Power: Visitorial and Enforcement under Art. 128 (Amount is immaterial because the
issue here is with the violation of the Labor Standards Law) (Remedy: MR within 7
days, then, Appeal to the DOLE Secretary within 10 days, Rule 65 with CA, MR, Rule
45 with SC)
(a) Power to inspect employees record and work premises
(b) Power to issue compliance orders
(c) Power to issue compliance orders
(d) Power to issue writs of execution
(e) Power to order stoppage of work or suspension of operation
Note: Balladares, (2009). The visitorial and enforcement powers of the RD to order and
enforce compliance with labor standards can be exercised even where the individual
claims exceed P5,000. However, the presence of the following elements will divest the
DOLE-RD of jurisdiction (the RD will have to endorse the case to the LA):
The presence of the following elements will divest the DOLE-RD of jurisdiction (the DOLE-
RD will have to endorse the case to the LA):
(a) That the Employer contests the findings of the labor regulations and raises issues
thereon;
(b) That in order to resolve such issues, there is a need to Examine Evidentiary Matters;
and
(c) That such matters are Not Verifiable in the Normal Course of Inspection
(2) Money claims under Art. 129 (amount immaterial) (recovery of wages, simple money
claims and other benefits under the following requisites (Remedy: Appeal to the
NLRC within 5 days, no MR)
(a) Arising from e-e relationship (otherwise, regular courts)
(b) No reinstatement (otherwise, LA)
(c) Does not exceed P5,000 (otherwise, LA)
(d) More than 5k, e-e relationship exist
(3) VAWC Leave (Rule VI, Sec. 42 of IRR of VAWC)
(4) Labor disputes arising from “Batas Kasambahay”
(a) In case of failure of mandatory mediation/conciliation, compliance order shall be
issued within 10 days from submission of the case of resolution
(b) In case of adverse decision, file MR within 10 days from receipt of resolution.
(c) In case of adverse decision of the MR, file appeal with the Secretary of Labor within
10 days from receipt thereof.
(5) Power to issue compliance order regarding terms and conditions of employment by
homeworkers
(6) Complaints for violations of labor standards and the terms and conditions of
employment involving money claims of homeworkers in an amount of NOT more
than P5000 per homeworker
(7) Administrative enforcer of VAWC leave under R.A. 9262 pursuant to Rule 129
(8) Power to call a national, regional or industrial tripartite conference of
representatives of government, workers and employers for the consideration and
adoption of voluntary codes of principles designed to promote industrial peace based
on social justice or to align labor movement relations with established priorities in
economic and social development (Art. 290[275](b))
EMPLOYEES COMPENSATION COMMISSION
Exclusive Jurisdiction
(a) Issue writ of execution in case of decision, or resolution which has become final and
executory (Art. 188[182](b))
Appellate Jurisdiction
(a) Over matters decided by the GSIS and SSS which shall decide appealed cases within
20 working days from the submission of the evidence (Art. 182[176])
(b) In case of adverse decision of the ECC, file MR.
(c) If MR is denied, file a petition for review under Rule 43 with the CA
(d) In case of adverse decision, file MR
(e) In case denied, file petition for review on certiorari with the CA
(b) Any money claim, regardless of the claim of reinstatement, exceeding the amount of
P5,000 per claimant (which does not necessarily involve termination of employment)
XPN: Money claims for Employee’s Compensation, Social Security, Philhealth and
Maternity Benefits are not cognizable by the LA since these claims are cognizable by other
Government Agencies such as SSS and Philhealth.

GOVERNMENT SERVICE INSURANCE SYSTEM (4) Claims for damages (actual, moral, exemplary and attorney’s fees) arising from e-e
Exclusive Jurisdiction relations; (includes counter-claims of employers, damages & attorney’s fees of the
civil aspect of a criminal case under the Labor Code)
(a) Settle any dispute arising from Title II of Book IV with respect to:
(5) Cases arising from violations of Art. 264 of this Code, including questions involving
the Legality of Strike and Lockouts, except those staged in industries indispensable to
(1) Coverage
(2) Entitlement to benefits the National Interest the following may take cognizance: (1) The President; (2) DOLE
Secretary himself may certify them to the NLRC for compulsory arbitration
(3) Collection and payment of contributions
(4) Penalties in relation thereto (6) Wage Distortion cases in Unorganized Establishments not voluntarily settled by the
parties pursuant to R.A. 6727
(5) Any other matter related thereto (Art. 186[180])
(7) Enforcement of Compromise Agreements when there is non-compliance by any of
the party pursuant to Art. 227
SOCIAL SECURITY SYSTEM (8) Money Claims of OFWs, disability or death benefits under R.A. 8042, as amended
Exclusive Jurisdiction by R.A. 10022
(a) Settle any dispute arising from Title II of Book IV with respect to:
Note: Estate of Dulay v. Aboitiz Jebsen Maritime, Inc. (2012). It is only in the “absence of
(1) Coverage a CBA” that parties may opt to submit to either the NLRC or to Voluntary Arbitrations”
(2) Entitlement to benefits
(3) Collection and payment of contributions (9) Other cases provided by law.
(4) Penalties in relation thereto Other Jurisdiction
(5) Any other matter related thereto (Art. 186[180]) (1) Contested Cases Under the Exception Clause of Art. 128(b), as amended by R.A. 7730
(Visitorial and Enforcement Powers of the DOLE Regional Directors)
LABOR ARBITER
Under Art. 217, Labor Code The presence of the following elements will divest the DOLE-RD of jurisdiction (the DOLE-
RD will have to endorse the case to the LA):
GR: Cases arising from e-e relationship
XPN: Seafarer or OFW which has POEA-approved employment contract but was not (d) That the Employer contests the findings of the labor regulations and raises issues
deployed thereon;
(e) That in order to resolve such issues, there is a need to Examine Evidentiary Matters;
(1) ULP – includes violations of CBA which are GROSS in character (flagrant and/or and
malicious refusal to comply with the economic provisions) (retaliatory measures in (f) That such matters are Not Verifiable in the Normal Course of Inspection
case it is ULP under Art. 259)
(2) Rehabilitation Receivership only Suspends the jurisdiction of the LA; Once the
Note: If violation of the CBA is NOT GROSS, it is not considered as ULP, else jurisdiction is receivership proceedings have ceased and liquidation takes place, monetary claims
with Voluntary Arbitrator (Art. 261) may resumed to be asserted to the LA
(3) Wage Distortion Cases ONLY in Unorganized establishments
(2) Termination Disputes (or illegal dismissal case) – unless the parties decide to submit (4) Direct Contempt under Rule 9, Sec. 1 of the 2011 NLRC Rules of Procedure
the same to voluntary arbitration (Atlas Farms v. NLRC, 2002)
(3) Money Claims which may be classified into two: Note: Land Bank of the Philippines v. Listana, Sr. (2003). With respect to INDIRECT
CONTEMPT, the prevailing rule is, quasi-judicial agencies that have power to cite persons
(a) Any money claim, regardless of amount, accompanied with a claim for reinstatement in indirect contempt pursuant to Rule 71 can ONLY do so by initiating them thru the
(which necessarily involves termination of employment as the principal action); or
proper RTC. It is not within the jurisdiction and competence to decide the indirect
contempt cases. These matters are still within the province of the RTC
Note: Although the case has been decided in 2003 and the NLRC Rules has been
promulgated in 2011, such Rules of Procedure cannot however supersede an SC Ruling
under the principle of Stare Decisis which has the force and effect of law as if an integral
part thereof from the time such law became effective
(5) Money claims and illegal dismissal of Employees of Cooperatives; however with
respect to issues on Termination of Membership (members), the LA has no
jurisdiction under R.A. 6938
(6) Illegal dismissal cases involving priests and religious ministers with respect to their e-
e relationship or employment; However, the LA has no jurisdiction on issues of
excommunication or expulsion from the Membership
(7) Cases involving employees of GOCCs WITHOUT Original Charters (those organized by
the Corporation Code)
(8) Private Corporation Employees except Corporate Officers under the by-laws or
appointed by the Board (RTC), unless such officer is also holding another non-
corporate position. The LA under this case has jurisdiction. The person would be
considered as a corporate officer and employee at the same time.
(9) Legality of Deduction for Tax Purposes intertwined with the main issue of employees’
full payment of benefits arising from e-e relationship
Note: Motion to Dismiss based on JVRPF, before mandatory conciliation and mediation
conference may be filed otherwise prohibited; Denial – Unappealable, Remedy: file
position paper
NATIONAL LABOR RELATIONS COMMISSION
Note: The NLRC DOES NOT HAVE ORIGINAL JURISDICTION on the cases over which the LA
has Original and Exclusive Jurisdiction (No appeal, may only be reviewed via Rule 65)
Original Jurisdiction
(1) Injunction or TRO in Ordinary Labor Disputes to enjoin or restrain any actual or
threatened commission of any or all prohibited or unlawful acts or to require the
performance of a particular act in any labor dispute which, if not restrained or
performed forthwith, may cause grave and irreparable damage to any party;
(2) Injunction in Strikes and Lockouts under Art. 264 (An aggrieved party may directly file
an injunction despite the pendency of the case pertaining to the legality of the Strike
or Lockout with the LA or VA)
(3) Certified Labor Disputes causing or likely to cause a strike or lockout in an industry
indispensable to the national interest, certified to it by the SOLE for compulsory
arbitration
(4) Direct Contempt under Rule 9, Sec. 1 of the 2011 Rules of Procedure
(5) Indirect Contempt
(6) Annulment or Modification of Orders or Resolutions (by verified petition) of the LA
during execution proceedings (writ of execution, etc.) under Rule 12, Sec. 1 of the
2011 NLRC Rules
Exclusive Appellate Jurisdiction
(1) All cases decided by the LA
(2) Direct Contempt Cases decided by the LA
(3) Cases decided by the DOLE-RD or his duly authorized hearing officer (under Art. 129)
involving recovery of wages, simple money claims and other benefits not exceeding
P5,000 and not accompanied by a claim for reinstatement
(4) “Extraordinary Remedy” (Duano calls it “Mini certiorari”) under 2011 NLRC Rules,
Rule XII
BUREAU OF LABOR RELATIONS
Original and Exclusive
(1) “Inter-Union Dispute” or “Representation Dispute” which refers to cases involving
petition for certification election filed by a duly registered labor organization which is
seeking to be recognized as the sole and exclusive bargaining agent of the rank-and-
file employees in the appropriate bargaining unit of a company, firm of
establishment
Note:
(a) If ORGANIZED, the grant or denial is appealable
(b) If UNORGANIZED, the DENIAL shall be appealable, GRANT may only be reviewed via
Rule 65
(2) “Intra-Union Disputes” or “Internal Union Disputes” which refer to disputes or
grievances arising from any violation of or disagreement over any provision of the
constitution and by-laws of the Union, including any violation of the rights and
conditions of union membership provided for in the Labor Code
(3) All disputes, Grievance or Problems arising from or affecting labor management
relations in all work places, except those arising from the interpretation and
implementation of the CBA which are subject to grievance procedure and/or
voluntary arbitration.
Administrative Functions
(1) Registration of Labor Union (Multi-employer)
(2) Keeping Registry of Labor Unions
(3) Maintenance and Custody of CBAs
Appellate and Exclusive
(1) Over cases decided by the Regional Labor Relations Office
(2) Med-Arbiter on Intra-Union Disputes
Remedy: Petition for certiorari via Rule 65 with the Court of Appeals
DOLE LABOR RELATIONS REGIONAL OFFICE
Original and Exclusive
(1) “Inter-Union Dispute” or “Representation Dispute” which refers to cases involving
petition for certification election filed by a duly registered labor organization which is
seeking to be recognized as the sole and exclusive bargaining agent of the rank-and-
file employees in the appropriate bargaining unit of a company, firm of
establishment
Note:
(c) If ORGANIZED, the grant or denial is appealable
(d) If UNORGANIZED, the DENIAL shall be appealable, GRANT may only be reviewed via
Rule 65
(2) “Intra-Union Disputes” or “Internal Union Disputes” which refer to disputes or
grievances arising from any violation of or disagreement over any provision of the
constitution and by-laws of the Union, including any violation of the rights and
conditions of union membership provided for in the Labor Code
(3) All disputes, Grievance or Problems arising from or affecting labor management
relations in all work places, except those arising from the interpretation and
implementation of the CBA which are subject to grievance procedure and/or
voluntary arbitration.
Administrative Functions
(4) Registration of Labor Union (single-enteprise)
(5) Keeping Registry of Labor Unions
(6) Maintenance and Custody of CBAs
THE PRESIDENT
(1) Compulsory training of apprentices under Art. 70(b)
Art. 70(b). When (a) national security or (b) particular requirements of economic
development so demand, the President of the Philippines may require compulsory
training of apprentices in certain trades, occupations, jobs or employment levels where
shortage of trained manpower is deemed critical as determined by the Secretary of
Labor and Employment
(2) The President shall not be precluded from determining the industries that, in his
opinion, are indispensable to the national interest, and from intervening at any time
and assuming jurisdiction, over ANY such LABOR DISPUTE (causing or likely to cause
a STRIKE or LOCKOUT) in order to settle or terminate the same under Art. 236(g)
Remedy: Appeal to the CA under Rule 43
Duano: The President can act as Voluntary Arbitrator in National Interest Cases
VOLUNTARY ARBITRATORS
Original and Exclusive Jurisdiction
Remedy: Appeal to the CA under Rule 43
Duano: Appeal of VA to the CA under Rule 43 is 10 days lang since ang controlling ay
Labor Code (substantive) rather than ROC (procedural)
(1) ULP if the parties agree that it be submitted to voluntary arbitration (Art. 275)
(2) Termination disputes upon agreement of the parties under Art. 275, LC
(3) All Unresolved Grievances arising from CBA (SIMPLE violations NOT GROSS in
character, otherwise, LA (since ULP))
(4) All Unresolved Grievances arising from Company Policies;
(5) All Unresolved Wage Distortion Cases in Organized Establishments (Art. 261)
(6) All Labor Disputes including ULP (not GROSS in character) and bargaining deadlocks,
upon agreement of the parties
(7) Over Strikes and Lockouts –
(8) Before or at any stage of the compulsory arbitration process, the parties may opt to
submit their dispute to voluntary arbitration (Art. 263(h))
(9) Illegality of Strikes and Lockouts, if parties mutually agree to submit the same to VA,
otherwise LA
(10) National interest cases
(11) Unresolved grievances for interpretation/implementation of CBA
Note: Termination Disputes (legality of the employee’s dismissal for LACK of JUST CAUSE
& LACK OF DUE PROCESS)
GR: Not grievable
XPN: Atlas Farms v. NLRC, (2002). When the parties express agree to submit such issue to
voluntary arbitration (in the CBA).
Note: Haleguena v. PAL. Constitutionality/Legality of CBA provisions is with the RTC
(12) Money claims arising from interpretation/implementation of CBA
(13) All unresolved grievances arising from the interpretation and implementation of
productivity incentive programs under R.A. 6971;
(14) All other labor disputes including unfair labor practices and bargaining deadlocks,
upon agreement of the parties.
MED-ARBITRERS
(1) Certification Election Cases of Labor Organization (Inter-Union Disputes) as the
exclusive collective bargaining unit in a certain establishment (Remedy: Appeal to
DOLE Secretary)
(2) Intra-Union Disputes (Remedy: Appeal to BLR)
GRIEVANCE COMMITTEE/MACHINERY
(1) Interpretation or Implementation of the CBA;
(2) Interpretation or enforcement of company policies;
 (3) Wage Distortion cases in organized establishment, and if remains unresolved to the
voluntary arbitrators or panel of arbitrators which shall decide within 10 calendar
days from the time it is referred to voluntary arbitrators (Art. 124, par. 4)

Note:

(a) All grievances submitted which are NOT settled within seven (7) calendar days from
the date of its submission shall automatically be referred to Voluntary Arbitration
prescribed in the CBA
(b) Halaguena v. PAL. Constitutionality/Legality of CBA provisions with the RTC

NATIONAL CONCIALIATION AND MEDIATION BOARD

(1) Has jurisdiction over conciliation, mediation and voluntary arbitration cases:

(a) Preventive mediation and conciliation functions

(b) Voluntary arbitration programs
(c) Maintains/updates a list of voluntary arbitrators
(d) Compiles arbitration awards and decisions
(e) Provides counseling and prevention mediation assistance in administration of
Collective Agreements

(2) Filing of Notices of Strikes and Lockouts

(3) In case of Wage Distortions in unorganized establishments, and if it remains
unresolved within 10 calendar days it shall be referred to appropriate branch of the
NLRC (LA) (Art. 124, par. 5)

Duano on Money Claims

LA Art. 224(a)(3). No specific amount, must be termination dispute

Art. 224(a)(b). Exceeds P5,000, with or without reinstatement
SOLE/RD Art. 128(b). There must be e-e relationship, there is no termination yet,
regardless of amount
RD Art. 129. Below P5,000, without reinstatement. (Remedy appeal to the
NLRC within 5 from receipt of copy of resolution)