December 1, 1990. is the Arbiter’s decision providing for retroactivity tenable or not? Why?
Suggested answer:
The referral of he unresolved issues of the collective bargaining negotiations to an Arbiter is not within the jurisdiction of the Arbiter.
But assuming that the unresolved issues in the collective bargaining negotiations were properly referred to the Arbiter pursuant to the provision of the Labor Code (art 262) that states that a Voluntary Arbitrator may hear and decide any labor dispute, including bargaining deadlocks, the Arbiter’s decision providing for retroactivity is tenable. Exercising his compulsory arbitration power, the Arbiter could decide the issue of retroactivity in any way which is not contrary to law, morals, good customs, public order or public policy.
But in a case (Manila Electric Co. v. Quisumbing) the Supreme Court said that an arbitral award shall retroact to the first day after the six-month period following the expiration of the last day of the CBA that was being re-negotiated.
Another suggested answer:
The retroactive Order of the Labor Arbiter is void for want of jurisdiction. Jurisdiction is conferred by law. Nowhere in the Labor Code, more specifically Art 217, is the Labor Arbiter given jurisdiction over unresolved issues in collective bargaining, including determining the period or duration of a Collective Bargaining Agreement. (2001 Bar Question)
NATIONAL CONCILIATION AND MEDIATION BOARD (NCMB) [created by EO 251 (1987)]
• absorbed the conciliation, mediation, and voluntary arbitration functions of the Bureau of Labor Relations
Functions
(1) formulate policies/ guidelines pertaining to effective mediation and conciliation of labor disputes
(3) formulate policies/ guidelines pertaining to the promotion of non-adversarial schemes, grievance handling, voluntary arbitration, and other voluntary modes of dispute settlements (4) administer the voluntary arbitration program, maintain/ update a list of VAs
(5) provide counseling and preventive mediation assistance
NATIONAL LABOR RELATIONS COMMISSION (NLRC) (Arts. 213, 217, 223)— the country’s labor court (principal government agency that hears and decides labor-mgt disputes). The NLRC has regional arbitration branches or RABS. The labor arbiters or executive labor arbiters are the NLRC representatives in the country’s various regions.
Original and exclusive jurisdiction of the Labor Arbiter (LA)- Compulsory Arbitration
- ULP cases
- Termination disputes
- Cases involving wages, rates of pay, hours of work, and other terms and conditions of employment, if accompanied with a claim for reinstatement
- Claims for damages arising from ER-EE relationship
- Cases arising from Art. 264, including questions involving the legality of strikes and lockouts - Whether accompanied with claim for reinstatement , all other claims arising from ER-EE
relationship, including those of persons in domestic or household service involving an amount exceeding P5,000 (if not exceeding P5,000, Regl Dir of DOLE has jurisdiction)
Note: these cases may be under the jurisdiction of the VA based on the agreement of the parties (without clear agreement, LA has jurisdiction)
Exclusive appellate jurisdiction of the Commission over all cases decided by the LA— not any more compulsory arbitration (Note: it is only in national interest strikes that the Commission conducts compulsory arbitration)
Powers of the NLRC (Arts. 218-219)
(1) Power to make rules and regulations pertaining to its functions; (2) Power to administer oath and issue subpoena and summons;
(3) Power to investigate, hear, and decide disputes within its jurisdiction; (4) The power to hold persons in contempt;
(5) The power to issue restraining orders and injunctions; (6) Power to conduct ocular inspection;
(7) Power to decide appealed cases Procedure
Labor Arbiter
[Note: a decision of the LA reinstating a dismissed EE, insofar as the reinstatement
aspect is concerned, shall be immediately executory (readmitted to work or reinstated in the payroll at the option of the ER), pending appeal]
appeal to the NLRC (within 10 calendar days from receipt of the decision)
Commission shall decide (within 20 calendar days from receipt of answer
of the other party)
Finality of the decision of the Commission (after 10 calendar days from
receipt of notice by the parties)
Remedies available to challenge final decision
1. MR within 10 calendar days from receipt of the decision based on palpable or patent errors; only 1 MR is allowed; or
2. Special civil action for certiorari under Rule 65 not later than 60 days from receipt of notice of judgment; filed with the CA (St. Martin Funeral Homes v. NLRC).
BUREAU OF LABOR RELATIONS (BLR) and the Labor Relations Divisions in the Regl Offices of DOLE (Art. 226-233; DO 40-03)
• Hearing Officer: Med-Arbiter in the BLR or Regl Office
• Jurisdiction is largely confined to union matters, CB registry, and labor education because of the creation of NCMB (BLR no longer handles labor-mgt disputes).
Original and exclusive jurisdiction
- Inter-union/ Intra-Union disputes— may be filed only by a LLO
Inter-union conflicts (e.g., representation issue/ cancellation of registration)
Intra-union conflicts (e.g., election of officers of the union/ compliance with CBL/ violations of rights of union membership)
- Other related labor relations disputes between the union and the ER or any individual or group that is not a LO or worker’s assn (e.g., cancellation of registration of unions/ petition for interpleader) (added by DO 40-03)— may be filed by any party-in-interest
Procedure
File with DOLE Regl Office where registered (if independent union/chartered local)
Regl Dir
(if cancellation of registration) or Med-Arb (other dispute)
(decide within 20 days from last hearing)
Appeal to Bureau
(10 days from receipt of decision; Bureau will decide within 20 days from receipt of records)
Finality of decision of the Bureau after 10 days from receipt of parties
(appeal stays decision of Med-Arb/ Regl Dir.)
File with the BLR (if federation/national union)
Bureau Dir
(20 days from last hearing within which to decide)
Appeal to Sec.
Finality of decision of the Sec. after 10 days from receipt of parties
(appeal stays decision of Bureau Dir.)
Relationships/ rights of the parties prior to the filing of the complaint or petition shall continue during pendency of the proceedings. (Book V, Rule XI, Sec. 3)
Pendency of an intra/ inter-union dispute and other related labor relations dispute is not a prejudicial question to any petition for CE nor is it a ground for dismissal of such petition. (Book V, Rule XI, Sec. 3)
Q: The affected members of the rank and file elevated a labor arbiter’s decision to the NLRC via a petition