1. What is the original and exclusive authority of the Bureau of Labor Relations?

What is
excluded from the original and exclusive authority of the Bureau of Labor Relations
ANS: The Bureau of Labor Relations and the Labor Relations Divisions in the regional
offices of the Department of Labor, shall have original and exclusive authority to act, at their own
initiative or upon request of either or both parties, on all inter-union and intra-union conflicts,
and all disputes, grievances or problems arising from or affecting labor-management relations in
all workplaces, whether agricultural or non-agricultural, except those arising from the
implementation or interpretation of collective bargaining agreements which shall be the subject
of grievance procedure and/or voluntary arbitration. (Art. 232, Labor Code)

2. Distinguish inter-union and intra-union disputes.

ANS: Inter-union disputes are any conflict between and among legitimate labor unions
involving representation questions for purposes of collective bargaining or to any other conflict
or dispute between legitimate labor unions. Intra-union disputes are any conflict between and
among union members, including grievances arising from any violation of the rights and
conditions of membership, violation of or disagreement over any provision of the union’s
constitution and by-laws, or disputes arising from chartering or affiliation of union.

3. What are the cases considered as inter/intra-union disputes?

ANS: As provided in Rule XI, Sec. 1 of the Omnibus Rules Implementing the Labor Code,
inter/intra-union disputes include:
(a) Conduct or nullification of election of officers of unions and workers’
association;
(b) Audit/accounts examination of union or workers’ association funds;
(c) Deregistration of collective bargaining agreements;
(d) Validity/invalidity of union affiliation or disaffiliation;
(e) Validity/invalidity of acceptance/non-acceptance for union membership;
(f) Validity/invalidity of voluntary recognition (Note: this has been replaced by the
process known as SEBA)
(g) Opposition to application for union or CBA registration;
(h) Violations of or disagreements over any provision of the Constitution and By-
Laws of a union or workers’ association;
(i) Disagreements over chartering or registration of labor organization of the
registration of collective bargaining agreements;
(j) Violations of the rights and conditions of membership in a union or workers’
association;
(k) Violations of the rights of legitimate labor organizations, except interpretation
of collective bargaining agreements;
(l) Validity/invalidity of impeachment/expulsion/suspension or any disciplinary
action meted against any officer and member, including those arising from
non-compliance with the reportorial requirements under Rule V; and
 (m) Such other disputes or conflicts involving the rights to self-organization, union
membership and collective bargaining:
1) Between and among legitimate labor organizations; and
2) Between and among members of a union or workers’ association.

4. What are the cases covered by other labor relations disputes, not otherwise covered by
Article 217 of the Labor Code?
ANS: These disputes shall include:
(a) Any conflict between:
1) A labor union and the employer, or
2) A labor union and a group that is not a labor organization; or
3) A labor union and an individual who is not a member of such union;
(b) Cancellation of registration of unions and workers’ associations filed by
individual/s other than its members, or group that is not a labor organization;
and
(c) A petition for interpleader involving labor relations. (Rule XI, Sec. 1, Omnibus
Rules Implementing the Labor Code)

5. What are the effects of the filing/pendency of inter/intra-union and other related labor
relations disputes?
ANS: The rights, relationships and obligations of the parties-litigants against each and
other parties-in-interest prior to the institution of the petition shall continue to remain during
the pendency of the petition and until the date of finality of the decision rendered therein.
Thereafter, the rights, relationships and obligations of the parties-litigants against each other and
other parties-in-interest shall be governed by the decision so ordered. (Rule XI, Sec. 2)

6. Who may file?

ANS: Any legitimate labor organization or member(s) thereof specially concerned may file
a complaint or petition involving disputes or issues enumerated under inter/intra-union disputes.
Any party-in-interest may file a complaint or petition involving disputes or issues enumerated in
other labor relations disputes. (Rule XI, Sec. 3)

7. What is the support needed to file a petition when the issue involves the entire
membership of the labor organization?
ANS: The complaint or petition shall be supported by at least thirty percent (30%) of its
members. (Rule XI, Sec. 3)

8. Where should the complaint or petition be filed?

 ANS: Complaints or petitions involving labor unions with independent registrations,
chartered locals, workers’ associations, its officers or members shall be filed with the Regional
Office that issued its certification of registration or certificate of creation of a chartered local.
Complaints involving federations, national unions, its officers or member organizations shall be
filed with the BLR Director. (Rule XI, Sec. 4)

9. Who shall resolve petitions for cancellation of registration of labor unions with
independent registrations, chartered locals, and workers’ associations, and petitions for
deregistration of collective bargaining agreements?
ANS: These shall be resolved by the Regional Director. He/She may appoint a Hearing
Officer from the Labor Relations Division. (Rule XI, Sec. 4)

10. Where shall other inter/intra-union disputes and related labor relations disputes be heard
and resolved?
ANS: The Med-Arbiter in the Regional Office (Rule XI, Sec. 4)

11. How about complaints or petitions involving federations, national or industry unions,
trade union centers and their chartered locals, affiliates or member organizations?
ANS: These shall be filed either with the Regional Office or the Bureau. The complaint or
petition shall be heard and resolved by the Bureau. (Rule XI, Sec. 4)

12. What is the effect of two or more petitions involving the same parties and the same
causes of action being filed?
ANS: The same shall be automatically consolidated. (Rule XI, Sec. 4)

13. What is the procedure on appeal of the decision of the Med-Arbiter and Regional
Director?
ANS: The decision of the Med-Arbiter and Regional Director may be appealed to the
Bureau by any of the parties within ten (10) days from receipt thereof, copy furnished the
opposing party. The decision of the BLR Director in the exercise of his/her original jurisdiction
may be appealed to the Office of the Secretary by any party within the same period copy
furnished the opposing party.
The appeal shall be verified under oath and shall consist of a memorandum of
appeal specifically stating the grounds relied upon by the appellant, with supporting arguments
and evidences. (Rule XI, Sec. 15)

14. Where shall the appeal be filed?

 ANS: The memorandum of appeal shall be filed in the Regional Office or Bureau where
the complaint or petition originated. Within twenty-four (24) hours from receipt of the
memorandum of appeal, the Bureau or Regional Director shall enter the finality of the decision
in the records of the case and cause the immediate implementation thereof. (Rule XI, Sec. 16)

15. When does the decision of the Bureau/Office of the Secretary become final?
ANS: The decision of the Bureau or the Office of the Secretary shall become final and
executory after ten (10) days form receipt thereof by the parties, unless a motion for its
reconsideration is filed by any party therein within the same period. Only one (1) motion for
reconsideration of the decision of the Bureau or the Office of the Secretary in the exercise of
their appellate jurisdiction shall be allowed. (Rule XI, Sec. 20)

16. What is the effect of registration on labor unions or workers’ associations?

ANS: The labor union or workers’ association shall be deemed registered and vested with
legal personality on the date of issuance of its certification of registration or certificate of creation
of chartered local. (Rule IV, Sec. 8)

17. Can registration be cancelled?

ANS: Yes. Subject to the requirements of notice and due process, the registration of any
legitimate independent labor union, local/chapter and workers’ association may be cancelled by
the Regional Director upon the filing of a petition for cancellation of union registration, or
application by the organization itself for voluntary dissolution. (Rule XIV, Sec. 1)

18. Where should the petition for cancellation or application for voluntary dissolution be
filed?
ANS: The petition for cancellation or application for voluntary dissolution shall be filed in
the regional office which issued its certificate of registration or creation.
In the case of federations, national or industry unions, and trade union centers, the
Bureau Director may cancel the registration upon the filing of a petition for cancellation or
application for voluntary dissolution in the BLR. (Rule XIV, Sec. 1)

19. Who may file a petition for cancellation of registration?

ANS: Any party-in-interest may commence a petition for cancellation of registration,
except in actions involving violations of Article 24, which can only be commenced by members of
the labor organization concerned. (Rule XIV, Sec. 2)

20. What are the grounds for cancellation?

 ANS: Any of the following may constitute as ground/s for cancellation of registration of
labor organizations:
(a) Misrepresentation, false statement or fraud in connection with the adoption
or ratification of the constitution and by-laws or amendments thereto, the
minutes of ratification, the list of members who took part in the ratification;
(b) Misrepresentation, false statements or fraud in connection with the election
of officers, minutes of the election of officers, and the list of voters; or
(c) Voluntary dissolution by the members. (Rule XIV, Sec. 3)

21. How is a voluntary cancellation of registration done?

ANS: A legitimate labor organization may cancel its registration provided at least two-
thirds (2/3) of its general membership votes to dissolve the organization in a meeting duly called
for that purpose and an application to cancel its registration is thereafter submitted by the board
of the organization to the regional/bureau director, as the case may be. The application shall be
attested to by the president of the organization. (Rule XIV, Sec. 4)

22. What is the effect of compromise agreements entered into by the parties? Can the NLRC
or the regular courts still assume jurisdiction over the issues involved?
ANS: Any compromise settlement, including those involving labor standard laws,
voluntarily agreed upon by the parties with the assistance of the Bureau or the regional office of
the Department of Labor, shall be final and binding upon the parties. The National Labor Relations
Commission or any court, shall not assume jurisdiction over issues involved therein except in case
of non-compliance thereof or if there is prima facie evidence that the settlement was obtained
through fraud, misrepresentation, or coercion. (Art. 233, Labor Code)

23. Is the assistance of the BLR or the LRD in the execution of a compromise settlement
required?
ANS: Yes, such assistance is generally a basic requirement; without it, there is no valid
compromise settlement.

24. What are the formal requirements of compromise agreements?

ANS: Compromise agreements involving labor standards cases must be reduced into
writing and signed in the presence of the Regional Director or his duly authorized representative.

25. When may a compromise agreement be entered into by the parties?

ANS: A compromise agreement covering a case which is either pending trial, or on appeal,
or with final judgment, is allowed and valid, assuming that the elements of a valid contract are
present. (Magbanua, et al. v. Uy, G.R. No. 161003, May 6, 2005)
26. What are the requisites of a valid quitclaim?
ANS: These are the requisites of a valid quitclaim:
(1) the employee executes the deed of quitclaim voluntarily;
(2) there is no fraud or deceit on the part of any of the parties;
(3) the consideration of the quitclaim is credible and reasonable; and
(4) the contract is not contrary to law, public order, public policy, morals or
good customs, or prejudicial to a third person with a right recognized by law. (Goodrich
Manufacturing Corp. v. Ativo, et al., G.R. No. 188002, February 1, 2010)

27. What are the requisites of a valid compromise agreement for OFWS?
ANS: In order to prevent disputes on the validity and enforceability of quitclaims and
waivers of employees under Philippine laws, said agreements should contain the following:
1. A fixed amount as full and final compromise settlement;
2. The benefits of the employees if possible with the corresponding amounts, which
the employees are giving up in consideration of the fixed compromise amount;
3. A statement that the employer has clearly explained to the employee in English,
Filipino, or in the dialect known to the employees that by signing the waiver or quitclaim, they
are forfeiting or relinquishing their right to receive the benefits which are due them under the
law; and
4. A statement that the employees signed and executed the document voluntarily,
and had fully understood the contents of the document and that their consent was freely given
without any threat, violence, duress, intimidation, or undue influence exerted on their person.
It is advisable that the stipulations be made in English and Tagalog or in the dialect
known to the employee. There should be two (2) witnesses to the execution of the quitclaim who
must also sign the quitclaim. The document should be subscribed and sworn to under oath
preferably before any administering official of the Department of Labor and Employment or its
regional office, the Bureau of Labor Relations, the NLRC or a labor attaché in a foreign country.
Such official shall assist the parties regarding the execution of the quitclaim and waiver.
The foregoing rules on quitclaim or waiver shall apply only to labor contracts of
OFWs in the absence of proof of the laws of the foreign country agreed upon to govern said
contracts. Otherwise, the foreign laws shall apply. (EDI-STAFFBUILDERS INTERNATIONAL, INC. v.
NLRC, G.R. No. 145587, October 26, 2007)

28. What are the administrative functions of the BLR?

ANS: The Bureau shall keep a registry of legitimate labor organizations. The Bureau shall
also maintain a file of all CBAs and other related agreements and records of settlement of labor
disputes and copies of orders and decisions of voluntary arbitrators. (Art. 237, par. 1, Labor Code)
29. What is the contract-bar rule?
ANS: The Bureau shall not entertain any petition for certification election or any other
action which may disturb the administration of duly registered existing CBAs affecting the parties
except under Articles 253, 253-A ad 256 of this Code. (Art. 238, Labor Code)

30. What are the exceptions to this rule?

ANS: These are some of the exceptions to this rule:
1) During the 60-day freedom period prior to the expiry date of a CBA;
2) When the CBA is not registered with the BLR or any of the DOLE Regional Offices;
3) When the CBA, although registered, contains provisions lower than the standards
fixed by law or illegal per se clauses;
4) When the documents supporting the CBA’s registration are falsified, fraudulent or
tainted with misrepresentation;
5) When the CBA is not complete as it does not contain any of the mandatory
provisions which the law requires. Such kind of agreement cannot promote industrial peace as it
leaves out matters which the parties should have stipulated;
6) When the CBA was extended during its term as when it was negotiated and
entered into prior to the 60-day freedom period. The agreement in this case is deemed hastily
entered into in order to frustrate the will of the employees in choosing their bargaining
representative;
7) When there is a schism in the union resulting in an industrial dispute wherein the
CBA can no longer foster industrial peace. The conduct of a certification election in such a
situation becomes imperative to clear any doubt as to the real and legitimate representative of
the employees;
8) When there is an automatic renewal provision in the CBA but prior to the date
when such automatic renewal became effective, the employer seasonably filed a manifestation
with the BLR of its intention to terminate the said agreement if and when it is established that
the bargaining agent does not represent anymore the majority of the workers in the bargaining
unit;
9) Where the CBA is executed before any employees are hired;
10) Where the nature of the operation substantially changes between the execution
of the CBA and the filing of the PCE. Such changes include (i) a merger or consolidation of two or
more operations creating a new operation with major personnel changes, and (ii) a resumption
of operations after an indefinite period of closing, with new employees. However, a change in
the number of employees due to a relocation does not affect the contract bar rule.