Note: Conciliation‐Mediation is now done by the NCMB, not Bureau Labor Relations.
Q: What are the administrative functions of the Bureau Labor Relations (BLR)?
1. Regulation of the labor unions 2. Keeping the registry of labor unions 3. Maintenance of a file of the CBA
4. Maintenance of a file of all settlements or final decisions of the SC, CA, NLRC and other agencies on labor disputes
Q: What are the effects of filing or pendency of inter/intra‐union dispute and other labor relations disputes?
1. The rights relationships and obligations of the party‐litigants against each other 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 the decision rendered therein. Thereafter, the rights, relationships and obligations of the party‐
litigants against each other and other parties‐in‐interest shall be governed by the decision ordered.
2. The filing or pendency of any inter/intra union disputes is not a prejudicial question to any petition for certification election, hence it shall not be a ground for the dismissal of a petition for certification of election or suspension of the proceedings for the certification of election. (Sec. 3, Rule XI, DO 40‐03)
Q: State the rules on appeal in intra/inter‐union disputes.
1. Formal Requirements a. Under oath
b. Consist of a memorandum of appeal.
c. Based on either of the following grounds:
i. Grave abuse of discretion ii. Gross violation of the rules iii. With supporting arguments and
2. Period ‐ within 10 days from receipt of decision.
3. To whom appealable
a. BLR – if the case originated from the Med‐Arbiter/Regional Director.
b. SLE – if the case originated from the BLR.
4. Where Filed ‐ Regional Office or to the BLR, where the complaint originated (records are transmitted to the BLR or Sec. within 24 hours from the receipt of the memorandum of appeal). (Rule XI, D.O. 40‐03)
4.NATIONAL CONCILIATION AND MEDIAITON BOARD (NCMB)
Q: What are the alternative modes of settlement of labor dispute under Art. 211 of the Labor Code?
1. Voluntary Arbitration 2. Conciliation
Is conceived of as a mild form of intervention by a neutral third party
Is a mild intervention by a neutral third party
Mediator, relying on his persuasive expertise, who takes an active role in assisting parties by trying to keep disputants talking, facilitating other procedural niceties, carrying messages back and forth between the parties, and generally being a good fellow who tries to keep things calm and forward‐looking in a tense situation
mediator, whereby he starts advising the parties or offering
alternatives to the problems with the end in view of assisting them towards voluntarily reaching their own mutually acceptable settlement of the dispute
It is the process where a disinterested 3rd party meets with management and labor, at their request or otherwise, during a labor dispute or in
It is when a 3rd party studies each side of the dispute then makes proposals for the disputants to consider. The mediator cannot make an award nor
collective bargaining conferences, and by cooling tempers, aids in reaching an agreement
render a decision
Conciliation ‐ is conceived of as a mild form of intervention by a neutral third party, the Conciliator‐Mediator, relying on his persuasive expertise, who takes an active role in assisting parties by trying to keep disputants talking, facilitating other procedural niceties, carrying messages back and forth between the parties, and generally being a good fellow who tries to keep things calm and forward‐looking in a tense situation.
It is the process where a disinterested 3rd party meets with management and labor, at their request or otherwise, during a labor dispute or in collective bargaining conferences, and by cooling tempers, aids in reaching an agreement.
Mediation ‐ is a mild intervention by a neutral third party, the Conciliator‐Mediator, whereby he starts advising the parties or offering solutions or alternatives to the problems with the end in view of assisting them towards voluntarily reaching their own mutually acceptable settlement of the dispute.
It is when a 3rd party studies each side of the dispute then makes proposals for the disputants to consider. The mediator cannot make an award nor render a decision.
Q: What is the Legal Basis of Conciliation and Mediation?
A: Article 13, Section 3, of our New Constitution provides:
“The State shall promote xxx the preferential use of voluntary modes of setting disputes including conciliation and shall ensure mutual compliance by the parties thereof in order to foster industrial peace.”
Note: A similar provision is echoed in the Declaration of Policy under Article 211 (a) of the Labor Code, as amended.
Q: Who can avail of Conciliation and Mediation Services of the NCMB?
A: Any party to a labor dispute, either the union or management, may seek the assistance of NCMB or any of its Regional Branches by means of formal request for conciliation and
of the problem, a request may be filed in the form of consultation, notice of preventive mediation or notice of strike/lockout.
Q: Where can a request for Conciliation and Mediation be filed?
A: An informal or formal request for conciliation and mediation service can be filed at the NCMB Central Office or any of its Regional Branches.
There are at present fourteen (14) regional offices of the NCMB which are strategically located all over the country for the convenient use of prospective clients.
Q: What is Preventive Mediation Cases?
A: Refer to the potential labor disputes which are the subject of a formal or informal request for conciliation and mediation assistance sought by either or both parties or upon the initiative of the NCMB to avoid the occurrence of actual labor disputes.
Q: What are the valid issues for a notice of strike / lockout or preventive mediation case?
A: A notice of strike or lockout maybe filed on ground of unfair labor practice acts, gross violation of the CBA, or deadlock in collective bargaining. A complaint on any of the above ground must be specified in the NCMB Form or the proper form used in the filing of complaint.
In case of preventive mediation, any issue may be brought before the NCMB Central Office or its regional offices for conciliation and possible settlement through a letter. This method is more preferable than a notice of strike/lockout because of the non‐adversarial atmosphere that pervades during the conciliation conferences.
Q: What advantage can be derived from conciliation and mediation services?
A: Conciliation and mediation is non‐
litigious/non‐adversarial, less expensive, and expeditious. Under this informal set‐up, the parties find it more expedient to fully ventilate their respective positions without running around with legal technicalities and, in the course thereof, afford them a wider latitude of possible approaches to the problem.
Q: Are the parties bound by the agreement entered into by them?
A: Certainly, the parties are bound to honor any agreement entered into by them. It must be pointed out that such an agreement came into existence as a result of painstaking efforts among the union, management, and the Conciliator‐
Mediator. Therefore, it is only logical to assume that the Conciliator assigned to the case has to follow up and monitor the implementation of the agreement.
Q: Is conciliation and mediation service still possible during actual strike or lockout?
A: Definitely, it is possible to subject an actual strike or actual lockout to continuing conciliation and mediation services. In fact, it is at this critical stage that such conciliation and mediation services by fully given a chance to work out possible solution to the labor dispute. With the ability of the Conciliator‐Mediator to put the parties at ease and place them at a cooperative mood, the final solutions of all the issues involved may yet be effected and settled.
Q: When the dispute has already been assumed or certified to the NLRC, is it also possible to remand the same to conciliation and mediation services?
A: Yes, the parties are not precluded from availing the services of an NCMB Conciliator‐
Mediator as the duty to bargain collectively subsists until the final resolution of all issues involved in the dispute. Conciliation is so pervasive in application that, prior to a compulsory arbitration award, the parties are encouraged to continue to exhaust all possible avenues of mutually resolving their dispute, especially through conciliation and mediation services.
Q: What benefit can the parties have in appearing during conciliation conferences?
A: Generally speaking, any party appearing during scheduled conciliation conferences has the advantage of presenting its position on the labor controversy. The issue raised in the complaint can be better ventilated with the presence of the concerned parties. Moreover, the parties can observe a norm of conduct usually followed in like forum.
Q: What is arbitration?
A: It is the submission of a dispute to an impartial person for determination on the basis of evidence and arguments of the parties. The arbiter’s decision or award is enforceable upon the disputants. It may be voluntary (by agreement) or compulsory (required by statutory provision). (Luzon Dev’t Bank v. Ass’n of Luzon Dev’t Bank Employees, G.R. No.
120319, Oct. 6, 1995)
Q: Can the court fix resort to voluntary arbitration (VA)?
A: Resort to VA dispute, should not be fixed by the court but by the parties relying on their strengths and resources.
Q: Who are the parties to labor relations cases?
1. Employees organization 2. Management
3. The public
Note: Employer and Ees are active parties while the public and the State are passive parties. (Poquiz, 2006, p.3)
Q: What is the concept of tripartism?
A: It is the representation of 3 sectors. These are:
1. The public or the government 2. The employers
3. The workers
– in policy‐making bodies of the gov’t.
Q: Can workers insist that they be represented in the policy making in the company?
A: No. Such kind of representation in the policy‐
making bodies of private enterprises is not ordained, not even by the Constitution. What is provided for is workers participation in policy and decision‐making process directly affecting their rights, benefits, and welfare.
5.DOLE REGIONAL DIRECTORS
a.Small Money Claims
Q: What is the rule on the recovery of simple money claims?
1. The aggregate money claim of each employee (Ee) or househelper (HH) does not exceed P5,000.
2. The claim is presented by an Ee or person employed in the domestic or household service or HH.
3. The claim arises from Er‐Ee relationship.
4. The claimant does not seek reinstatement.
Note: In the absence of any of the ff. requisites, it is the labor arbiter (LA) who shall have the jurisdiction over the claims arising from Er‐Ee relations, except claims for Ees compensation, SSS, Philhealth, and maternity benefits, pursuant to Art.217 of the Labor Code.
The proceedings before the Regional Office shall be summary and non‐litigious in nature.
Q: What is the adjudicatory power of the Regional Director (RD)?
A: The RD or any of his duly authorized hearing officer is empowered through summary proceeding and after due notice, to hear and decide cases involving recovery of wages and other monetary claims and benefits, including legal interests.
Q: An airline which flies both the international and domestic routes requested the SLE to approve the policy that all female flight attendants upon reaching age 40 with at least 15 years of service shall be compulsorily retired; however, flight attendants who have reached age 40 but have not worked for 15 years will be allowed to continue working in order to qualify for retirement benefits, but in no case will the extension exceed 4 years.
Does the SLE have the authority to approve the policy?
A: Yes. Art.132 (d) of the Labor Code provides that the SLE shall establish standards that will ensure the safety and health of women employees including the authority to determine appropriate minimum age and other standards for retirement or termination in special occupations such as those of flight attendants and the like. (1998 Bar Question)
Q: What is the difference between the power of Secretary of Labor and Employment (SLE), Regional
1. Visitorial powers 2. Enforcement powers 3. Appellate or power to review
Q: What constitute visitorial power?
1. Access to employer’s records and premises at any time of the day or night, whenever work is being undertaken 2. To copy from said records
3. Question any employee and investigate any fact, condition or matter which may be necessary to determine violations or which may aid in the enforcement of the Labor Code and of any labor law, wage order, or rules and regulation issued pursuant thereto.
Q: Give 4 instances where the visitorial power of the SLE may be exercised under the Labor Code.
A: Power to:
1. Inspect books of accounts and records of any person or entity engaged in recruitment and placement, require it to submit reports regularly on prescribed forms and act in violations of any provisions of the LC on recruitment and placement. (Art. 37)
2. Have access to employer’s records and premises to determine violations of any provisions of the LC on recruitment and placement. (Art. 128)
3. Conduct industrial safety inspections of establishments. (Art. 165)
4. Inquire into the financial activities of legitimate labor organizations (LLO) and examine their books of accounts upon the filing of the complaint under oath and duly supported by the written consent of at least 20% of the total membership of the LO concerned.
Q: What is enforcement power?
A: It is the power of the SLE to:
1. Issue compliance orders
2. Issue writs of execution for the enforcement of their orders, except in cases where the employer (Er) contests the findings of the labor officer and raise issues supported by documentary proof which were not considered in the course of inspection
3. Order stoppage of work or suspension of operation when non‐compliance with the law or implementing rules and regulations poses grave and imminent danger to health and safety of workers in the workplace
4. Require Ers to keep and maintain such employment records as may be necessary in aid to the visitorial and enforcement powers
5. Conduct hearings within 24 hours to determine whether:
a. An order for stoppage of work or suspension of operations shall be lifted or not; and
b. Er shall pay employees concerned their salaries in case the violation is attributable to his fault. (As amended by RA 7730; Guico v. Secretary, G.R.
No. 131750, Nov.16, 1998)
Q: What are the violations under Art. 128?
1. Obstruct, impede, delay or otherwise render ineffective the orders of the SLE or his authorized representatives
2. Any government employee found guilty of, or abuse of authority, shall be subject to administrative investigation and summary dismissal from service.
Q: What are the limitations to other courts?
A: In relation to enforcement orders issued under Art. 128, no inferior court or entity shall:
1. Issue temporary or permanent injunction or restraining order or
2. Assume jurisdiction over any case
Q: What are the instances when enforcement power may not be used?
1. Case does not arise from the exercise of visitorial power
2. When Er‐Ee relationship ceased to exist at the time of the inspection
3. If employer contests the finding of the Labor Regulation Officer and such contestable issue is not verifiable in the normal course of inspection
b.Power to Suspend Effects of Termination‐Art. 277 (b), LC
Q: Does the DOLE Secretary have the power to suspend the effects of termination?
A: Yes, under Article 277 (b) of the Labor Code, the Secretary of Labor may suspend the effects of the termination pending resolution of the dispute in the event of a prima facie finding by the appropriate
official of the Department of Labor and Employment before whom such dispute is pending that the termination may cause serious labor dispute or is in implementation of a mass layoff.
Q: How is arbitration initiated?
1. Submission agreement – Where the parties define the disputes to be resolved 2. Demand notice – Invoking collective
agreement arbitration clause
Q: Who is a voluntary arbitrator (VA)?
1. Any person accredited by the NCMB as such
2. Any person named or designated in the CBA by the parties to act as their VA 3. One chosen with or without the
assistance of the NCMB, pursuant to a selection procedure agreed upon in the CBA
4. Any official that may be authorized by the SLE to act as VA upon the written request and agreement of the parties to a labor dispute. (Art. 212 [n])
Q: What are the powers of a voluntary arbitrator?
1. Hold hearings 2. Receive evidence
3. Take whatever action necessary to resolve the dispute including efforts to effect a voluntary settlement between parties. (Art. 262‐A)
Q: How is a voluntary arbitrator (VA)/panel chosen?
1. The parties in a CBA shall designate in advance a VA/panel, preferably from the listing of qualified VAs duly accredited by the NCMB, or
2. Include in the agreement a procedure for the selection of such VA or panel of VAs, preferably from the listing of qualified VAs duly accredited by the NCMB.
Q: Who will designate the voluntary arbitrator (VA)/panel in case the parties fail to select one?
A: It is the NCMB that shall designate the VA/panel based on the selection procedure provided by the CBA. (Manila Central Line Free Workers Union v.
Manila Central Line Corp., G.R. No. 109383, June 15, 1998)
Q: May Labor Arbiters (LA) be designated as voluntary arbitrators (VA)?
A: Yes. There is nothing in the law that prohibits LAs from also acting as VAs as long as the parties agree to have him hear and decide their dispute. (Manila Central Line Free Workers Union v. Manila Central Line Corp., G.R. No. 109383, June 15, 1998)
Q: What falls under the jurisdiction of Voluntary Arbitrators (VA)?
A: Generally, the arbitrator is expected to decide only those questions expressly delineated by the submission agreement. Nevertheless, the arbitrator can assume that he has the necessary power to make a final settlement since arbitration is the final resort for the adjudication of the disputes. (Ludo and Luym Corp. v. Saornido, G.R.
No. 140960, Jan. 20, 2003)
Q: What cases are within the jurisdiction of VA?
A: Original and exclusive jurisdiction over:
1. All unresolved grievances arising from the:
a. Implementation or interpretation of the CBA
b. Interpretation or enforcement of company personnel policies
2. Wage distortion issues arising from the application of any wage orders in organized establishments
3. Those arising from interpretation and implementation of productivity incentive programs under R.A. 6971
4. Violations of CBA provisions which are not gross in character are no longer treated as ULP and shall be resolved as grievances under the CBA
Note: Gross violation of CBA provisions shall mean flagrant and/or malicious refusal to comply with the economic provisions of such agreement.
5. Any other labor disputes upon agreement by the parties including ULP and bargaining deadlock. (Art. 262)
Q: May the NLRC and DOLE entertain disputes/grievances/matters under the exclusive and original jurisdiction of the voluntary arbitrator?
A: No. They must immediately dispose and refer the same to the grievance machinery or voluntary arbitration provided in the CBA
The parties may choose to submit the dispute to voluntary arbitration proceedings before or at the stage of compulsory arbitration proceedings.
Q: What is the effect of the award of voluntary arbitrator (VA)?
A: The decision or award of the VA acting within the scope of its authority shall determine the rights of
A: The decision or award of the VA acting within the scope of its authority shall determine the rights of