LABOR DISPUTE
65
C A S E F LO W
Rule
65
BLR
( M E D - A R B I T E R O R
R E G I O N A L D I R E C T O R )
E X C L U S I I V E
O R I G I N A L
J U R I S D I C T I O N
Inter-union disputes or representation
disputes which refer 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 or establishment.
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. (including conduct of
election of officers)
All disputes, grievances or problems arising
from or affecting labor-management relations
in all workplaces, except those arising from
the interpretation or implementation of the
CBA which are subject of grievance procedure
and/or voluntary arbitration.
Complaints/requests for examination of
unions books of accounts
ADMINISTRATIVE FUNCTIONS
Approval/denial of application of registration
labor unions (by BLR or by Regional Office);
Cancellation of registration of labor unions
(by BLR or Regional Office);
Keeping of registry of labor unions; and
Maintenance and custody of CBAs.
APPELLATE JURISDICTION
Denial of application for union registration or
Legend:
cancellation of union registration originally
rendered by the Regional Office
APPEAL
Decisions in intra-union disputes (Rule)
COURT OF APPEALS
SEC. OF LABOR
(DOLE)
ORIGINAL JURISDICTION/POWER
Assumption of jurisdiction over a labor
dispute/strike/lockout in an industry
indispensable to national interest
Certification to NLRC of strike/lockout
disputes in an industry indispensible to
national interest for compulsory
arbitration
Power to inspect, issue compliance
orders to give effect to labor standards
provisions, issue enforcements of writs of
execution, order stoppage of work due to
grave and imminent danger posed to
employees as a result of non-compliance
Rule
with law/regulations (Art. 128)
APPELLATE JURISDICTION/POWER
Orders issued by the duly authorized
representative of the Secretary of Labor
and Employment under Art. 128
Decisions of the Med-Arbiter in
certification election case. (Art. 272).
(NOTE: Decisions of Med-Arbiters in intra-
union disputes are appealable to the
BLR).
Denial of application for union
registration or cancellation of union
registration originally rendered by the
Bureau of Labor Relations (BLR) may be
appealed to the SOLE. (NOTE: If originally
rendered by the Regional Office, appeal
should be made to the BLR).
NCMB
Notice of strike/lockout;
Any other disputes submitted
by parties for preventive
mediation proceedings
Rule 45 or
S U P R E M E C O U RT
Rule 65
NLRC
O R I G I N A L J U R I S D I C T I O N
Injunction 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 or irreparable damage to any party.
Injunction in strikes or lockouts under Art. 278 of the Labor Code.
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.
APPELLATE JURISDICTION
All cases decided by the Labor Arbiters
Cases decided by the DOLE Regional Directors or his duly authorized Hearing Officers
(under Article 129) involving recovery of wages, simple money claims and other
65 benefits
REGIONAL LABOR ARBITER
DIR.
(NLRC Regional Branch)
(DOLE)
E X C L U S I I V E O R I G I N A L
Claims for recovery of
J U R I S D I C T I O N
wages, simple money
claims and other benefits,
provided that: Unfair Labor Practice
must arise from Termination dispute (legality of dismissal)
employer-employee Cases involving wages, rates of pay, hours of work
relationship; and other terms and conditions of employment, if
the claimant does not accompanied with claim for reinstatement;
Rule seek reinstatement; and
the aggregate money
Claims for actual, moral, exemplary and other
forms of damages arising from the employer-
43 claim of each employee
employee relations;
does not exceed
Cases arising from any violation of Art. 279,
P5,000.00.
V O L U N TA RY A R B I T R AT O R including questions involving the legality of strikes
and lockouts [except those which are indispensible
to the national interest]
Unresolved grievances arising from the interpretation or
Money claims
implementation of the collective bargaining agreement
arising from employer-employee relations,
(except Those which are gross in character) after accompanied with a claim for
exhaustion of the grievance procedure; and reinstatement (which involves a
Unresolved grievances arising from the implementation termination case);
or interpretation of company personnel policies. (Art.
274);
All other labor disputes including unfair labor practices
regardless of whether accompanied with a
claim for reinstatement, exceeding the
amount of P5,000.00 per claimant (which
and bargaining deadlocks, upon agreement of the does not necessarily involve termination of
parties. (Art. 275) employment), except claims for
Wage distortion cases in organized establishments Employees Compensation, SSS, Philhealth
and maternity benefits