Miravite, Deborah Mae Pasion, Elen

Composition: 24  8 from workers’ organizations  8 from employers’ organizations  7 preferably from the incumbent Labor Arbiters  1 Chairman From public sector Divest affiliation upon assumption into office

 8 divisions, 3 members each  Consultation before writing of decision  En banc: Promulgating rules and regulations governing the hearing and disposition of cases before its divisions and regional branches Formulating policies for administration and operations On temporary or emergency basis: allow cases to be raffled to any other division: ○ Such division’s docket allows additional workload ○ Such transfer will not expose litigants to unnecessary additional expenses

 ADJUDICATORY and other functions through its divisions 1 st to 6 th – NCR + Luzon 7 th – Visayas 8 th - Mindanao  EXCLUSIVE APPELLATE JURISDICTION within their respective territorial jurisdiction

Presiding Commissioners  1 st Division – Chairman  2 nd to 8 th Divisions – members from the public sector

The NLRC’s two kinds of Jurisdiction A. Original Jurisdiction B. Exclusive Appellate Jurisdiction

Original Jurisdiction  Injunction in ordinary labor dispute to enjoin or restrain any actual or threatened commision of any or all prohibited or unlawful acts or to require the performance of a particular act in any labor dispute which, if not restrained or performed forthwith, may cause grave or irreparable damage to any party.  Injunction in strikes or lockouts under Article 264 of the Labor Code.  Certified labor disputes causing or likely to cause a strike or lockout in an industry indispensable to the national interest, certified to it by the Secretary of Labor and Employment for compulsary arbitation.

Exclusive Appellate Jurisdiction  All cases decided by the Labor Arbiters including contempt cases.  Cases decided by the DOLE Regional Directors or his duly authorized Hearing Officers (under Article 129) involving recovery of wages, simple money claims and other benefits not exceeding P5,000 and not accompanied by claim for reinstatement.

Jurisdiction of Labor Arbiters TThe jurisdiction is original and exclusive in nature. HHave NO appellate jurisdiction.

LA’s original and exclusive jurisdiction over the ff. cases:  Unfair Labor Practice cases  Termination disputes or illegal dismissal cases  Reinstatement cases involving wages, rates of pay, hours of work and other terms and condition of employment  Claims for actual, moral, exemplary and other forms of damages arising from employer-employee relations.  Cases arising from any violation of Article 264 of this code, including questions involving the legality of strikes and lockouts.  Except claims for employees compensation, Social Security, Medicare and maternity benefits, all other claims arising from employer-employee relations, including those of persons in domestic or household service, involving an amount exceeding P5, regardless of whether accompanied with claim for reinstatement.

Distinction between jurisdiction of the Labor Arbiters and the NLRC  The NLRC has exclusive appellate jurisdiction on all cases decided by the Labor Arbiters.  The NLRC does not have original jurisdiction on the cases over which Labor Arbiters have original and exclusive jurisdiction.  If a claim does not fall within the exclusive original jurisdiction of the Labor Arbiters, NLRC cannot have appellate jurisdiction thereover. Labor Arbiters NLRC

Jurisdiction of Department of Labor and Employment (DOLE) Under Article 129, the Regional Director or any of the duly authorized hearing officers of DOLE have jurisdiction over claims for recovery wages, simple money claims and other benefits, provided that: A. The claim must arise from employer-employee relationship B. The claimant does not seek reinstatement C. The aggregate money claim of each employee does not exceed P5,

Jurisdiction of Bureau of Labor Relations (BLR) original and exclusive jurisdiction over:  Inter-union disputes (representation disputes) cases involving petition for certification election filed by a duly registered labor organization which is seeking to be recognized as the sole and exclusive bargaining agent of the rank-and-file employees in the appropriate bargaining unit of a company, firm or establishment.  Intra-union disputes (internal union disputes) [Art. 212 (g)] disputes or grievances arisng from any violation of or disagreement over any provision of the constitution and by- laws of the union, including any violation of the rights and conditions of union membership provided for in the Labor Code.

 All disputes, grievances or problems arising from or affecting labor-management relations in all workplaces, except those arising from the interpretation or implementation of the CBA which are subject of grievance procedure and/or voluntary arbitration.

The relevant administrative functions of BLR  Registration of labor unions  Keeping of registry of labor unions  Maintenance and custody of CBAs.

Jurisdiction of National Conciliation and Mediation Board (NCMB)

 Executive Order No. 251 which created the National Conciliation and Mediation Board (NCMB) ordains that the conciliation, mediation and voluntary arbitation function of the Bureau of Labor Relations (BLR) shall be absorbed by NCMB. It is an attached agency under the administrative supervision of the Secretary of Labor and Employment.

 jurisdiction over: conciliation, mediation and voluntary cases. It performs preventive mediation and conciliation functions  administers the voluntary arbitration program  maintains/updates a list of voluntary arbitrators  compiles arbitration awards and decisions; and  provides counseling and preventive mediation assistance particularly in the administration of collective agreements.  It is with the NCMB that Notices of Strike or Lockout are filed.