8/13/2019 Labor Law Review Transcript - Jurisdiction of Labor Arbiter and NLRC

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JURISDICTION OF LABOR ARBITER AND NLRC

- Without labor organizations, you cannot have collective bargaining or you cannot think of a strike.

- There must be an LLO- The labor organization must be certified first as the SOLE A !

E"#L$S%&E 'A()A% % ) (E*(ESE TAT%&E- There are + ays by hich a LO is certified-

o &oluntary registration or o

*#E or Election, may it be-#ertification#onsent or(un/off

- $nless you are certified, you cannot 0roceed ith #'A- When one is 0revented from organizing, that is a form of $L*- $L*, in the conte1t of the Labor #ode, anything that diminish,

interferes or 0revent orkers from the e1ercise of their right toself/organization.

- %LO2s convention 34 and 53 refers to right of organization,freedom of association and collective bargaining.

- Strikeo $L*, refusal to bargain and bargaining deadlock

are grounds for strike.- 6o an organization becomes LLO7

o *rinci0ally, by registration

*ossesses all the rights of an LLOo &oluntary recognitiono #hartering 8 #hartered LLO

6as Limited rights%t is only considered an LLO for 0ur0osesof filing a *etition for #ertificationElection.

- *#Eo #ertification election ando &oluntary recognition

- $L* 9Art +:4;o %s it a form of interference7o Will it diminish the orkers2 right to self/

organization7- Strike

o #ooling/off 0eriod

NLRC generally appellate jurisdi ti!n

Art. +?+4)eiko vs. @uisumbing, +?5 s

The L(# has only + original Burisdictions-

8/13/2019 Labor Law Review Transcript - Jurisdiction of Labor Arbiter and NLRC

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9As amended by Section 5, (e0ublic Act o. 4, Garch +

8/13/2019 Labor Law Review Transcript - Jurisdiction of Labor Arbiter and NLRC

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Sus0ension of Ee is not a form of 0enalty, it is a 0rocedure. Thesecases are ithin the Burisdiction of the LA.