Labor Dispute

1) SMC Union-PGWO vs BErsamira A labor dispute exists regardless of whther

the disputants stand in the proximate empoyer employee relationship,
provided that the controversy concerns the terms and conditins of
employment or change or arrangement thereof.
Definition : includes any controversy concerning 1) terms and condition of
employment or 2) association or representation of persons in negotiating, fixing,
maintaining, changing or arranging terms and condition of employment
regardless of whether the disputants stand in the proximate relation of employer
and employee.
Remedies in Labor Dispute
a. ADR / Alternative Dispute Resolution Modes
- Methods differentiated in litigation w/c is characterized by adversarial
formal presentation of evidence and arguments in trials before a court of
law.These includes:
Conciliation : efforts of third party to assist the parties to end their dispute
perhaps by condoning each others faults or finding a give and take
compromise.
Mediation: theres mediatior who takes an active role by searcing or
formulating a solution.
Arbhitration: The arbitrator here is either compulsory (by NLRC) thorugh
its labor arbiters or voluntary by choice of disputing parties.
Note: In any stage of these settlement processes, the labor dispute may
be resolved thorugh compromise agreement provided it is not contrary to
law, morals or public policy and is freely entered into.
NLRC
-

Shall exercise its adjudicatory and all other powers, functions and duties
thorugh its DIVISIONS. The law lodges the adjudicatory power on each of
the 8 diviisons, not on the individual commissioners nor on the whole
commission.

En banc
1) Promulgating rules and
regulations governing the hearing
and disposition of cases before
any of its divisions and regional
branches
3) Formulating policies affecting its
administration and operations
4) Case within the jurisdiction of one

Apellate
2) Over all cases decided by Labor
Arbiters

division may be heard and

decided by another division whose
docket can accommodate the
additional workload
5) Appointment of LA recommended
by the Commision en banc.
JURISDICTION
Art. 224 Jurisdiciton of Labor Arbiter and Commision
ORIGINAL AND EXCLUSIVE JRUISDICTION
(w/in 30 days) UTAD-VEME
1) Unfair labor practice cases;
2) Termination disputes
3) If accompanied by reinstatement,
those cases workers may file
involving wages, rates of pay,
hours of work and other conditions
of employment;
4) Claims for actual, moral and
exemplary damages arising out of
ER-E relationship;
5) Cases arising from any violation of
Art 264 involving the legality of
stirkes and lockouts;
6) Except claims for Employees
Compensation, social security,
medicare and maternity benefits,
all other claims, arising from ER-E
relationship
7) Money claims arising from ER-E
involving Filipino OFWs;
8) Wage distortion disputes;
9) Enforcement of compromise
agreements
10)
Other cases as may be
provided by law;
Notes: Q: Cases above listed is within the jurisdiction of LA, is there any exception
with this rule?
A: YES. VOLUNTARY AGREEMENT by the parties w/c may lead to voluntary
arbitration. Why? The law prefers voluntary arbitration rather than compulsory.

1) HAWAIIAN-PHIL CO vs GULMATICO (*sugar farm wokrers) Absent the

jurisdictional requisite of an ER-E relationship , the NLRC is wo jurisdiction to
decide the case.
Q: Suppose the workplace is in Ceby and the employers place of business is also
in Cebu, but the complainant-employees reside in Manila. Where should they
file?
A:
2) DAYAG vs CANIZARES That the question of venue pertains to the
conveniency of the parties rather than sub stance and merits of the case.
For purpsoes of venue, the workplace is where the employee is regularly
assigned when the cause of action arose.
ULP CASES
Unfair Labor Practice any act intended or directed to weaken or defeat the
workers right to self-organize or engage in lawful concerted activities. EFFECT =
Anti-unionism (employer)
3) NATIONAL UNION OF BANK EMPLOYEES vs JUDGE LAZARO (*merger of CBTC
and BPI) -