Upon issuance of the entry of judgment, the Commission, motu proprio or upon motion by the proper party, may cause the execution of the judgment in the certified case.
Comment:
The general banking law has expressly classified the banking industry as indispensable to the national interest.
The certification of a labor dispute no longer requires the existence of a strike, hence a dispute may be certified to the NLRC for compulsory arbitration even before the existence of a strike provided however there exist a labor dispute.
A strike becomes illegal if it continuous despite the assumption of the SOL or certification of the latter to the NLRC provided notice to the parties and their counsels were effectively given, is a prerequisite even if the order stats that it is immediately executory.
Defiance of the AJO order will not only result to the disciplinary action of the union officers who did not comply but shall extend to all those members who defied the AJO. However it must sufficiently proved that the employees intentionally defied a AJO or RTWO in the sense it must be shown that they knew of the order and despite its knowledge consciously and knowingly defied its mandate.
Where to appeal St Martin case rules:
1) The way for review a decision of the NLRC is via the special civil action of certiorari under rule 65
2) The SC and the CA has concurrent original jurisdiction for the special civil action of certiorari 3) By virtue to the doctrine of hierarchy of courts, the petition for the special civil action of
certiorari must be initiated with the CA
Grounds for review of the CA of the decisions of the SOL:
1) Complaints of employment agencies
2) Compliance orders affecting labor standards 3) Denial by the BLR of the registration of union 4) Cancellation of registration by the BLR
5) Order of a med arbiter as to the results of a certification election 6) Decisions of the BLR regarding administration of union funds
7) Decisions in cases where the SOL or the pres assumed jurisdiction over industries affecting national interest.
Article. 224. Execution of decisions, orders or awards.
(a) The Secretary of Labor and Employment or any Regional Director, the Commission or any Labor Arbiter, or Med-Arbiter or Voluntary Arbitrator may, motu proprio or on motion of any interested party, issue a writ of execution on a judgment within five (5) years from the date it becomes final and executory, requiring a sheriff or a duly deputized officer to execute or enforce final decisions, orders or awards of the Secretary of Labor and Employment or regional director, the Commission, the Labor Arbiter or med-arbiter, or voluntary arbitrators. In any case, it shall be the duty of the responsible officer to separately furnish immediately the counsels of record and the parties with copies of said decisions, orders or awards. Failure to comply with the duty prescribed herein shall subject such responsible officer to appropriate administrative sanctions.
(b) The Secretary of Labor and Employment, and the Chairman of the Commission may designate special sheriffs and take any measure under existing laws to ensure compliance with their decisions, orders or awards and those of the Labor Arbiters and voluntary arbitrators, including the imposition of administrative fines which shall not be less than P500.00 nor more than P10,000.00.
Comment:
1) Both parties and their corresponding counsels, if any must be given notice to be considered as valid notice.
2) A writ of execution may be issued Motu Proprio or upon motion of the parties within 5 years from the date us becomes final and executory
3) Failure to execute a judgment that has become final and executory within five years thereof will render the decision dormant which then will require the party seeking its enforcement to institute an independent action for its execution within 10 years from the date the judgment or order became final
4) Petition for certiorari either by the CA or SC shall not stay the execution unless an injunction or TRO has been issued by the courts
5) In the event that the ownership over the property to be enjoined or executed by the sheriff belongs to a third party not part of the labor dispute the 3rd party may:
a. Seek redress from the LA and the sheriff who must follow the process laid down by the NLRC rules and appeal to the NLRC may also follow
b. Seek redress from the civil courts and follow the process laid down therein (terceria) Note must be taken that the rules covering the Sheriff and the LA binds them to follow the same however does not limit such party to seek redress in the labor courts noting that his concern does not arise from a labor dispute.
Further note, must be taken that the above remedies is not alternative but cumulative in the sense that he can pursue both claims as provided in rule 39 section 16 of the RRC, therefore will not hold the 3rd party liable for forum shopping since the rules itself provides that “nothing herein contained shall prevent such claimant or any third party person from vindicating his claim to the property”
6) Power of the NLRC to execute its judgments extends only to properties unquestionably belonging to the judgment debtor.
7) If the 3rd party sought redress from the labor courts, his filing may suspend the execution unless an indemnity bond is submitted by the judgment creditor, the recourse of the party here is to institute an independent reinvindicatory action.
Bureau of Labor Relations Article. 226. Bureau of Labor Relations.
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.
The Bureau shall have fifteen (15) working days to act on labor cases before it, subject to extension by agreement of the parties.
Comment:
Inter-union disputes
Refers to any conflict between and among legitimate labor unions involving representation questions for purposes of collecting bargaining or to any other conflict or dispute between legitimate labor unions Intra-union disputes
Refers to any conflict between and among union members, including grievances arising from any violation union member’s right and conditions of memberships, violation of or disagreement over any provision of the union’s constitution and by-laws, or disputes arising from chartering or affiliation of union.
RULE XI (D.O 40-03
INTER/INTRA-UNION DISPUTES AND OTHER RELATED