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Labor > Jurisdiction > Flashcards

Jurisdiction Flashcards

1
Q

what cases are under the exclusive original jurisdiction of the NRLC?

A

CIC

  1. certified by the Secretary of Labor Art 263 or by the President Art 264
  2. injunction cases under art 218 and 264
  3. Contempt cases
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2
Q

what cases are under the exclusive and appellate jurisdiction of the NRLC?

A

AD

  1. those decided by the labor arbiters under art217(b) and RA8042 migrant workers act
  2. those decided by the DOLE in excercise of its adjudicatory functions under art 129 over monetary claims of workers the amount of which does not exceed P5,000
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3
Q

what cases are under the exclusive original jurisdiction of labor arbiters

A

DTR-UV-WOE-CO

  1. claims for DAMAGES arising from er-ee relations
  2. termination cases
  3. claims involving wages, rate of pay, hours of work and other t&c of employment when accompanied by claim for REINSTATEMENT
  4. ULP cases
  5. VIOLATIONS of art 264 (prohibited activities) including QUESTIONS involving illegality of strike and lockout
  6. WAGE distortion disputes in UNorganized establishments which are not voluntarily settled
  7. OVERSEAS contract workers under migrant workers act of 1995
  8. claims arising from ER-EE relations, including domestic exceeding P5,000 regardless of w/n accompanied by claim for reinstatement; exclusing claims for SPEM
  9. enforcement of COMPROMISE agreements when any party fails to comply
  10. OTHER cases as may be provided by law
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4
Q

where should certiorari cases against NLRC decisions be filed?

A

CA under rule 65

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5
Q

Conditions on the exercise of the labor arbiter of its original exclusive jurisdiction

A
  1. there must be an ER-EE relationship between the parties
  2. there is reasonable causal connection between the claim asserted and the er-ee relations
  3. disputes involving money claims must arise from contracts or statutes NOT under CBA
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6
Q

when should the labor arbiter refer the case to grievance machinery and voluntary arbitration?

A

CP
disputes on
1. interpretation and implementation of CBA
2. interpretation and enforcement of any company personnel policy

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7
Q

Where should cases be filed when they involve issues that may be decided by the labor arbiter?

A

RAB having jurisdiction over the WORKPLACE of the complainant/petitioner

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8
Q

where should a case cognizable by the labor arbiter be filed when the complainant is an overseas worker?

A

either where the complainant resides or principal office of the respondent employer, at the OPTION of the complainant/petitioner

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9
Q

What are the powers of the NLRC?

A

RIICCO

  1. rule making power - includes internal matters, disposition of cases and others necessary to carry out the purpose of the labor code
  2. power to INVESTIGATE - to investigate matters and hear disputes , original and appellate jurisdiction
  3. power to issue INJUNCTIONS and restraining orders
  4. power to issue COMPULSORY processes including service of summons, subpoena and administering oaths
  5. CONTEMPT power
  6. OCULAR inspection
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10
Q

What are the powers and functions of the NLRC en banc?

A

RPT

  1. rules and regulations on hearing and deciding cases of before any of its divisions or regional branches
  2. policies affecting ITS administration and operation
  3. on a temporary or emergency basis, to transfer cases within jurisdiction of a division to any other division whose docket permits additional cases
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11
Q

What are the powers and functions of the NRLC in division?

A

A3

  1. adjudicatory
  2. all other functions, powers and duties
  3. exclusive appellate jurisdiction over their territorial jurisdiction
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12
Q

What is the composition of the NLRC

A 
24 members
1 chair
23 members
8 members from employer orgs
8 members from worker orgs
7 members from public sector
1 chair from public sector
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13
Q

What is the composition of the NLRC divisions?

A

8 divisions with 3 members each

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14
Q

Procedure for the issuance of TRO

A

DPH-RFB

  1. There must be a labor DISPUTE
  2. filing of a verified PETITION
  3. hearing after personal notice to 1) all known persons against whom the writ is sought to be issued and 2) chief executive or public officers of the province or city in which the lawful acts have been threatened to be committed or already committed, charged with protection of the property of the complainant
  4. reception of testimony with opportunity for cross examination
  5. FINDING of FACT (that there was unlawful or prohibited act; that there will be substantial irreparable damage; that the public officer unable or unwilling to protect; that there will be greater damage to complainant than to defendant; and that there is no adequate remedy at lawGround
  6. posting of a BOND
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15
Q

Grounds for appeal TO the NLRC

A

FLEP/G

  1. that the decision, order or award was secured through fraud or coercion or graft or corruption
  2. made purely on questions of LAW
  3. serious ERRORS in the findings of facts which would cause grave OR irreparable damage or injury to the appellant
  4. PRIMA facie evidence of grave abuse of discretion on the part of the labor arbiter
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16
Q

periods of appeal to the NLRC

A
  1. decisions of the regional director - within 5 calendar days from receipt of order
  2. decisions of the labor arbiter - 10 calendar days from receipt of order
17
Q

Requisites for the PERFECTION of appeal to the NLRC

A

MBFPC

  1. verified memorandum of appeal stating grounds of appeal, issues raised and arguments and reliefs, in 3 copies
  2. IF assailing judgment with monetary award, file bond - cash or surety - equivalent to the monetary award EXCLUSIVE of damages
  3. proof of payment of appeal FEE
  4. PROOF of service upon other parties
  5. CERTIFICATE of non forum shopping
18
Q

TRUE or FALSE: filing of a notice of appeal stops the running of the reglementary period of appeal.

A

FALSE. mere notice of appeal does not stop the running of the reglementary period; the bond is a sine qua non to the perfection of the appeal from the labor arbiter’s monetary decision

19
Q

Can you reduce the amount of bond required to perfect an appeal?

A

Yes. File a motion to reduce bond AND post a bond in a reasonable amount in relation to the monetary award

20
Q

Can there be execution pending appeal to the NLRC?

A

It depends. If reinstatement was awarded, then the reinstatement is IMMEDIATELY executory

  1. without need of filing a motion for a writ of execution
  2. posting the appeal bond WILL NOT stay execution of reinstatement
21
Q

Differentiate the ORDER OF REINSTATEMENT under Art. 223 and Art 279

A

Art 223 is reinstates the employee immediately, even pending appeal. It returns the parties to the status quo.
While Art. 279 presupposes a FINAL and executory JUDGMENT…so will NOT apply to a case pending appeal

22
Q

What are the options of the employer upon issuance of order of reinstatement pending appeal that is immediate and self-executory

A
  1. actual reinstatement - the employee is admitted back to work under the SAME terms and conditions prevailing prior to his dismissal or separation OR to do work that is SUBSTANTIALLY EQUIVALENT if the former position is no longer available
  2. payroll reinstatement - when the labor court declares the dismissal to be ILLEGAL but employer does not wish to actually or physically reinstate the employee so the employee is just reinstated to the payroll, without performing actual work, pending appeal
23
Q

memorize judicial review rules in beda p. 83

A
  1. Decisions of voluntary arbitrators are appealable to the CA under rule 43
  2. decisions of the NLRC are reviewable by pet for cert under 65 to the SC OR CA BUT because of the Doctrine of HEIRARCHY of courts, the appeal must be initially filed with CA
  3. NO MR for decisions of labor arbiters - appeal to NLRC is the remedy
  4. ONLY ONE MR for decisions of the NLRC (including decision denying appeal from labor aribter)- upon denial of which cert under 65 to CA is the remedy
  5. Filing petition for cert shall not stay the execution of the decision of the NLRC UNLESS TRO is issued
24
Q

Where to file appeal from decisions of labor arbiter?

A

to the NLRC, (sec. 1, rule 6) BUT section 3 states must be filed in the Regional Arbitration Board or Regional Office where the case was heard and decided

25
Q

when is there a reversal of payroll reinstatement

A

when the NLRC reverses on appeal the decision of the labor arbiter to reinstate the employee (which was immediately executory so by the time NLRC rendered the decision reversing the labor arbiter, the employee must have already been reinstated, at least in payroll). However upon the issuance of the order reversing the labor arbiter, the inclusion of the employee in the payroll must cease. The employee is entitled to receive only his salary during the pendency of the appeal

26
Q

Who may issue a writ of execution?

A

SRCLVM

  1. Secretary of labor
  2. Regional Director
  3. Commission (?)
  4. Labor Arbiter
  5. Voluntary Arbitrator
  6. Med-arbiter (mediation arbiter or mediator-arbiter?

Labor (1 decks)

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