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The Possibilities of Alternative Dispute Settlement Schemes
By: Atty. Gilbert P. Lorenzo
Trade Union Congress of the Philippines
[ Full Text (.pdf) ]

I.         LIST OF OFFICES/OFFICIALS CURRENTLY AUTHORIZED TO HANDLE/RESOLVE LABOR CASES 

1.     DOLE Secretary

2.     National Labor Relations Commission (NLRC)

3.     Labor Arbiter

4.     Bureau of Labor Relations Director

5.     Med-Arbiter in Regional Office (RO)

6.     National Conciliation and Mediation Board (NCMB)

7.     DOLE Regional Director / Hearing Officer

8.     Voluntary Arbitrator

II.        TYPES/NATURE OF LABOR CASES HANDLED BY ABOVE OFFICES/OFFICIALS

1.  DOLE Secretary      

a.  Labor disputes causing or likely to cause a strike or lockout in an industry indispensable to the national interest (Art. 263, par. g)

b.  Petitions to suspend termination of workers if it will cause a serious labor dispute or a mass lay-off (Art. 277)

c.  Appeals from orders of Med-Arbiter granting CE petitions in organized establishments and from orders denying CE petitions in organized or unorganized establishments (Sec. 17, Rule VIII, D.O. 40-03)

 

d.  Appeals from BLR decisions in original petitions for audit cases (Sec. 14, Rule XIII, D.O. 40-03)

 

e.  Appeals from Regional Offices (ROs) in labor standards cases (Art. 128, par. b, 2nd par.)

f.   Appeals from BLR denial of applications for registration of federations, national unions of workers associations operating in more than one region (Sec. 6, Rule IV, D.O. 40-03)

g.  Appeals from BLR decisions in inter/intra-union disputes involving federations, national unions of workers associations operating in more than one region (Sec. 16, Rule XI, D.O. 40-03)

h.  Appeals from petitions for cancellation of union registration of federations, national or industry unions and trade union centers (Sec. 16, Rule XI; Sec. 1, Rule XIV, D.O. 40-03)

 

i.   Appeals from petitions for election of union officers involving federations, national or industry unions and trade union centers (Sec. 20, Rule XI, D.O. 40-03)

 

j.   Appeals from decisions of ROs pertaining to violations of apprenticeship agreement (Art. 66)

 

k.  Issuance of writs of execution to enforce findings of labor inspectors in labor standards cases arrived at in the course of inspection except when employer appeals (Art. 128, par. b)

Reactors:
Atty. Ernesti Arellano, NCL [ Full Text (.pdf) ]
Mr. Fernando G. Atanacio, ECOP [ Full Text (.pdf) ]
Atty. Rebecca C. Chato, DOLE [ Full Text (.pdf) ]

This paper was presented during the Research Conference on "The Philippine Labor Code: 30 Years and Beyond' held at Ichikawa Hall, Occupational Safety and Health Center, Diliman, Quezon City, on 14-15 April 2005. 

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