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NLRC
Laborwithin
Arbiter10
(LA)
NLRC
Appeal
calendar days (not working) from receipt of decision by counsel
(not by the party)
With memorandum of appeal
ot allowed
ORIGINAL Jurisdiction:
GROUNDS (FAQS):
Relief is filed, the LA should treat it as an
appeal
to the NLRC
Injunction
(in ordinary
labor
Fraud
or coercion,
including graft and
corruption
in securing
thedisputes)
decision;
ive jurisdiction: (UIM2DS)
(in strikes
Abuse of discretion on LAs part (an Injunction
exercise of certiorari
power and
by thelockouts)
NLRC);
Labor disputes (in industry indispensable to the national interest, certified to it by the Secretary of DOLE for compulsory arbitration):
Questions of law; and
;
EXCLUSIVE
APPELLATE
Serious errors which if not corrected
would cause
grave orJurisdiction:
irreparable damage to appellant.
All cases decided by the LA
g P5,000;
Contempt cases decided by the LA
dismissal cases
Other than those arising from a CBA Cases decided by the DOLE Regional Director involving recovery of wages, simple money claims and other benefits under Art. 129.
with a claim for
Note: If the LA does not have original and exclusive jurisdiction over the claim, the NLRC cannot have appellate jurisdiction thereover.
mployer-employee
Jurisdiction of Med-Arbiter
1.
Representation cases;
2.
Inter-union cases;
3.
Intra-union disputes; and
4.
Other related labor relations disputes.
Concurrent Jurisdiction
Original
and
Exclusive
Jurisdiction
CA
SC
RULES on APPEALS
Decision of Med-Arbiter
Intra-union dispute
Inter-union dispute
(certification election)
DOLE Secretary
EFFECTS:
1. They will be immediately reinstated; and
2. They will not be deprived of their wages.
Court of Appeals
Prescription of Actions:
1.
Money Claims
- 3 years from accrual of cause of action, or categorical denial of a claim
- For money claims arising from
(a) CBA;
(b) OFWs;
(c) Incremental proceeds from tuition
increases
2.
Unfair Labor Practices
- 1 year from the commission of acts complained of
- Pre-requisite for prosecution of criminal cases:
A final judgment finding that an ULP was committed should first be
secured in the labor case before the LA or VA
- Period is suspended during he pendency of the administrative proceeding
- Final judgment in the administrative case cannot be presented as evidence of the
facts proven therein or as evidence of the guilt of respondent therein
3.
Illegal Dismissal
- 4 years from dismissal
4.
Offenses under the Labor Code and its IRR
- 3 years from commission of acts
Court of Appeals
Supreme Court
NLRCs decision
Certiorari Petition via Rule 65 within 60 days from notice of the judgment,
Appeal
order
viaorRule
resolution
45 (Petition for Review) within 15 days from notice of judgment or denial of MR
Grounds: (WEG)
Note:
Without jurisdiction;
Rule 65 cannot be a substitute for a lost appeal
Excess of jurisdiction; and
under Rule 45
Grave abuse of discretion amounting to lack or in excess of jurisdiction.