Jurisdiction Flashcards
Where must cause of action arise in labor jurisdiction
Arise from the employee employer ralationship
What is the jurisdictional pre-requisite in labor jurisdiction
Existence of employer-employee relationship
Do labor arbiters contain contempt and ocular inspection powers?
Yes, 218 of the labor code
What cases can labor law atain jurisdiction absence of employee-employer relationship
1) Ofw who are not deployed (migrant workers act, by virtue of contract involving filipino workers for deployment)
2) prohibited acts to women, under the labor code
Does labor arbiters have injuctive power?
No. The code merely grants the commission injuctive powers and not the labor arbiters
What matters are covered by the exclusive and original jurisdiction of labor arbiters
1) unfair labor practice
2) termination cases
3) dismissal with claim for reinstatement
4) domestic helpers claim which exceeds 5,000 pesos
5) money claims for damages
6) strikes and lockouts
7) wage distortions in unorganized establishments( 124)
8) contested evidence by inspection of dole secretary ( 128)
9) enforecement of compromise agreement in case of non-compliance (227)
10) writ of execution on decisions of arbitration (262-a)
11) ofw money claims
8)
Labor arbiters has jurisdiction over ulp’s criminal aspect, (T or F)
False. They have no jurisdiction on the criminal aspect
Who has jurisdiction over money claims arising from the cba?
Voluntary arbitrators under article 261
Who has jurisdiction over money claims arising from contract or law
Labor arbiters under article 217
Distinguish jurisdiction of voluntary arbitrators and labor arbiters in money claims.
A. In case of money claims arising from law or statute, labor arbiters has jurisdiction.
B. in case of money claims arising from the cba, voluntary arbiters has jurisdiction
What is the jurisdiction of regional directors?
A. Arises from e to e
B. not more than 5000
C. No claim for reinstatement
D. Not tainted with ulp
What is the requirement to divest the regional director of its jurisdiction to settle inspection cases?
A. Employer contest findings of the revenue regulations officer and raises issues thereon
B. there is a need to examine evidenciary matters
C. Such matters cannot be verified in the normal course of inspection
Jurisdiction of money claims of ofw?
Labor arbiter
Who has jurisdiction on strikes or lockout?
As a rule, labor arbiters
As an exception, on diputes on industries indispensable to the national interest, the DOLE secretary or the nlrc as certifiend by the dole secretary as the case may be
Where do you file notice of strike or lockout?
To the national concilliation and mediation board
Who has jurisdiction over illegal strikes or lockouts?
The labor arbiters under 217(a) or panel o voluntary arbitrators under 262 as the case may be
Where do you file for injunction in case of striked prohibited by the labor code?
To the nlrc under 218
Who has jurisdiction on wage distortion cases in unorganize establishments
- Amicable settle to the employer
- To the ncmb for arbitration
- To labor arbiter if not acted upon by the ncmb within 10 days
Who has jurisdiction over enforcement of compromise agreements?
Labor arbiters on enforecement ans nullification in case of fraud, misrepresentation or coercion
What is the jurisdiction of the POEA
a) administrative cases arising from violation of rules and regulations relating to licensing and registration, violation of licenses including refund of fees
b) diciplinary cases which are administrative in character
During the execution of moneyclaims, the employer corporation has been placed in rehabilitation, is the money claims waived?
No. It is merely suspended. De castro vs liberty network
When is the prescription of Money Claims in Labor Cases
Prescribes in 3 years (Art. 291)
When is the prescription of Illegal Dismissal Cases?
4 years (Civ Code, 1146; injury to once right)
When is the prescription of ULP
1 year from the final decision declaring the accused guilty of ULP in the admin case/civil case
What is the procedure to pursue a case of Unfair Labor Practice
- The aggrieved party must file a Labor case for ULP
2. file 1 year from decision declaring ULP
Who has jurisdiction over appeals on small money claims decided by the regional director? the NLRC or the Secretary of the DOLE
NLRC (Art. 129)
Is the decision of the NLRC or DOLE Secretary final and unappleable in character? If yes what is your remedy?
Yes. In its technical sense it is final and un-appealable. However, the only remedy to file an original special civil action for certiorari under rule 65.
What is the mode of appeal of voluntary arbitrators?
the CA under the Rule 42 of the rules. Why? because voluntary arbitrators are equal to rtc judges.
What is the Jurisdiction of the Secretary of Labor?
under 263 g when in his OPINION there exist a labor dispute likely to cause a strike or lockout in an industry indispensable of national interest, he may assume jurisdiction or certify it to the NLRC for Compulsory Arbitration.
May the parties, at any stage of proceeding, agree to submit to voluntary arbitration?
YES! Constitution provision on voluntary modes of settling disputes
Can the President himself obtain Jurisdiction in Labor Cases?
Yes. In case of National Interest Cases
How should you resolve lack of Employee-Employer Relationship as a defense in the jurisdiction of dole regional director in case of exercise of visitorial and execution power?
This is not an issue to diverse jurisdiction of the Regional Arbiter.
May the Dole Regional Director decide E to E Relationship?
Yes, to the exclusion of the NLRC
What is the Jurisdiction of the Bureau of Labor Relations?
- Inter union
- intra-union disputes and
- other related disputes consisting of all management conflicts
- Union Registration
- Admin Office of Unions
What is inter-union Disputes or Representation Disputes
Involves a certification election petition for one union or several unions(Which is the Sole and Exclusive Bargaining Agent)
What is intra-union Disputes or Representation Disputes
Violation of the constitution and bylaws and other rules on the Union except interpretation of the CBA
Distinguish Conciliation and Mediation
Distinction lies in the Power Granted to the Third Party
In Conciliation - Power to Decide
In Mediation - No Power to Decide
What is the ground for the DOLE secretary to suspend the effects of termination?
- There is a Illegal Dismissal Case
- Move for the determination of a Prima Facie Evidence
- His Termination will result to a serious labor dispute or such dismissal constitutes Mass Layoff
What is the Appellate Jurisdiction of the Sec. of Labor
- Order of the Regional Director under the visitorial and enforcement powers
- Appeal from the Order of a Med-Arbiter under Certification Election Cases
- Under Orders of BLR on its cancellation of registration in its original jurisdiction
4.
Where is the Appeal in Order of Med Arbiter in Unorganized Establishment?
NO. NOT SUBJECT TO APPEAL if Granting Certification
Only Apealable upon the DENIAL ONLY
Can an Employer Appeal for a decision to conduct a Certification?
No. Employer is a mere Bystander, and therefore he has no right to appeal
Petition for Union Cancellation of Registration, Where do you file an Appeal?
- if filed in the regional director, to the Director of the BLR
- if Filed before the BLR, and the BLR decided in its original jurisdiction, Sec. of Labor has Jurisdiction
Where do you appeal the Contempt Cases of the Director of BLR?
to the Secretary of Labor
