LABOR DISPUTE CASE FLOW Cielo Marjorie A. Goo IIA / 2006 10674 Prof.

Battad

Supreme Court

Assume jurisdiction over disputes likely to cause a strike/ lockout in an industry indispensible to national interest (Art 263) Issue compliance orders in relation to visitorial power

Court of Appeals

National Labor Relations Commission

Secretary of Labor

Bureau of Labor Relations Regional Branch of the NLRC / Labor Arbiter Illegal dismissal cases Illegal strike / lockout Cases involving wages and other terms and conditions of employment if accompanied by reinstatement Claims arising from employeremployee relationship involving an amount exceeding P5,000, whether or not with a claim for reinstatement Unfair Labor Practices cases Claim for damages arising from employer-employee relations Claims for damages arising out of employer-employee relationship, or any law or contract involving OFWs (RA 8042)

Voluntary Arbitration Interpretation and Implementation of the CBA Interpretation and Enforcement of company personnel policies Violation of the CBA which are not gross in character (Art 261) Wage distortion cases in organized establishments, if not resolved by the grievance procedure (Art 124) Interpretation of Wage Orders All other labor disputes (including ULP and bargaining deadlocks) upon agreement of the parties (Art 262)

National Conciliation and Mediation Board Wage distortion disputes in establishments where there is no CBA or no recognized labor union (Art 126) Petition for assumption of jurisdiction to NLRC of strike/lockout disputes Notice of strike/lockout; any other disputes submitted by parties for preventive mediation proceedings Legend: Original jurisdiction Appellate jurisdiction May be filed to Regional Office or directly to the BLR

Regional Office of the DOLE

Violation of occupational Health and Safety Code Recovery of wages and other monetary claims arising from employer-employee relations, the amount of the claim does not exceed P5,000 and there is no claim for reinstatement (Art 129) Violation of apprenticeship agreements Petition for Certification Election Union accounts examination Notice of Merger/ Consolidation of Union Notice of Voluntary Recognition by Employer Registration/Cancellation of union/ chartered local registration Notice of Change of Name of union Dispute over conduct of election of officers Registration / De-registration of CBA Other intra- and inter-union disputes