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This
policy research seeks to provide a wider historical, legal
and policy context to the national discourse on the
assumption and certification power of the Secretary of
Labor and Employment as provided for in Art. 263(g) of the
Labor Code, as amended. It surfaces relevant issues and
concerns relative to the exercise of this plenary power
since the enactment of the New Labor Relations Law (RA
6715) in 1989, and explores possible policy options that
policy makers could consider.
As such, the paper facilitates an informed exchange
of ideas and opinions on labor-management relations in
particular, and the national interest in general.
The
study limits itself to a discussion of national interest
disputes in the absence of precise legal definition of
industries deemed indispensable to the national interest.
Thus, it is not intended to pass judgement on the
judiciousness or reasonableness of the exercise of the
authority. Other possible justifications of whatever
nature for invoking Art. 263(g) are not covered by the
study, including the “political” dimension of national
interest disputes determination during the past 16 years.
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