Jurisdiction of:

Labor Arbiter

The jurisdiction of Labor Arbiters is original

and exclusive in nature. They have no
appellate jurisdiction
Existence
of
employer-employee
relationship, pre-requisite of exercise of
jurisdiction; Exception when Labor Arbiters
may exercise jurisdiction even absent the
employment relationship.

Original Jurisdiction
Under Article 217 of the Labor Code, Labor Arbiters
have jurisdiction over the following cases:
1. Unfair labor practice (ULP) cases;
2. Termination disputes (or illegal dismissal cases);
3. If accompanied with a claim for reinstatement,
those cases that workers may file involving wages,
rates of pay, hours of work and other terms and
conditions of employment;
4. Claims for actual, moral, exemplary and other
forms of damages arising from employer-employee
relations;
5. Cases arising from any violation of Article 264 of
the Labor Code, including questions involving the
legality of strikes and lockouts;
6. Except claims for employees compensation not
included in the next succeeding paragraph, social
security, medicare and maternity benefits, all other
claims arising from employer-employee relations,
including those of persons in domestic or household
service, involving an amount exceeding Five
Thousand Pesos (P5,000.00), whether or not
accompanied with a claim for reinstatement;
7.
Wage distortion disputes in unorganized
establishments not voluntarily settled by the parties
pursuant to Republic Act No. 6627;
8. Enforcement of compromise agreements when
there is non-compliance by any of the parties
pursuant to Article 227 of the Labor Code, as
amended;
9. Money claims arising out of employer-employee
relationship or by virtue of any law or contract,
involving Filipino workers for overseas employment,
including claims for actual, moral, exemplary and
other forms of damages as provided by Section 10 of

Appellate Jurisdiction

R.A. No. 8042, as amended by R.A. No. 10022;

10.Contested cases under the exception clause of
Article 128(b) of the Labor Code, as amended by
R.A. 7730; and
11.Other cases as may be provided by law.

National Labor Relations Commission

An administrative body with quasi-judicial

functions and the principal government
agency that hears and decides labor
management disputes; attached to the
DOLE for program and policy coordination
only.
The National Labor Relations Commission
exercises two (2) kinds of jurisdiction:
1. Original jurisdiction; and
2. Exclusive appellate jurisdiction.

Secretary of Labor and Employment

a. Injunction in ordinary labor disputes to enjoin or

restrain any actual or threatened commission of any
or all prohibited or unlawful acts or to require the
performance of a particular act in any labor dispute
which, if not restrained or performed forthwith, may
cause grave or irreparable damage to any party.
b. Injunction in strikes or lockouts under Article 264
of the Labor Code.

a. All cases decided by the Labor Arbiters including

contempt cases.
b. Cases decided by the DOLE Regional Directors
or his duly authorized Hearing Officers (under
Article 129) involving recovery of wages, simple
money claims and other benefits not exceeding
P5,000 and not accompanied by claim for
reinstatement.

c.
Certified labor disputes causing or likely to
cause a strike or lockout in an industry indispensable
to the national interest, certified to it by the Secretary
of Labor and Employment for compulsory arbitration.
What are the cases falling under the DOLE
Secretarys appellate power?
a. Orders issued by the duly authorized
representative of the Secretary of Labor and
Employment under Article 128 (Visitorial and
Enforcement Power) may be appealed to the latter.
(Art. 128).
b. Denial of application for union registration or
cancellation of union registration originally
rendered by the Bureau of Labor Relations (BLR)
may be appealed to the Secretary of Labor and
Employment. (NOTE: If originally rendered by the
Regional Office, appeal should be made to the
BLR).
c. Decisions of the Med-Arbiter in certification
election cases are appealable to the DOLE
Secretary. (Art. 259).

Voluntary Arbitrator
1.
2.

3.

4.

Any person accredited by the board as

such; or
Any person named or designated in the
CBA by the parties to act as their Voluntary
Arbitrator; or
One chosen with or without the assistance
of the National Conciliation and Mediation
Board pursuant to a selection procedure
agreed upon in the CBA ; or
Any official that may be authorized by the
Secretary of Labor to act as Voluntary
Arbitrator upon the written request and
agreement of the parties to a labor dispute.

DOLE Regional Directors/authorized

hearing officers

The Voluntary Arbitrator (or panel of Voluntary

Arbitrators) has original and exclusive jurisdiction
over the following:
1. All unresolved grievances arising from the
interpretation or implementation of the collective
bargaining agreement after exhaustion of the
grievance procedure; and
2. All unresolved grievances arising from the
implementation or interpretation of company
personnel policies. (Article 261).
3. All other labor disputes including unfair labor
practices and bargaining deadlocks, upon agreement
of the parties. (Article 262).
What are the money claims falling under the
jurisdiction of DOLE Regional Directors?
Under Article 129, the Regional Director or any of the
duly authorized hearing officers of DOLE have
jurisdiction over claims for recovery of wages, simple
money claims and other benefits, provided that:
1. the claim must arise from employer-employee
relationship;
2. The claimant whose employment has been
severed does not seek reinstatement; and 3. the
aggregate money claim of each employee does not
exceed P5,000.00.

National Conciliation and Mediation Board

Executive Order No. 251 which created the

National Conciliation and Mediation Board
(NCMB) ordains that the conciliation,
mediation
and
voluntary
arbitration
functions of the Bureau of Labor Relations
(BLR) shall be absorbed by NCMB.
It is an attached agency under the
administrative supervision of the Secretary
of Labor and Employment.

The NCMB has jurisdiction over conciliation,

mediation and voluntary arbitration cases. It performs
preventive mediation and conciliation functions. It
administers the voluntary arbitration program;
maintains/updates a list of voluntary arbitrators;
compiles arbitration awards and decisions; and nad
provides counseling and preventive mediation
assistance particularly in the administration of
collective agreements.
It is with the NCMB that Notices of Strike or Lockout
are filed.

Bureau of Labor Relations Med-Arbiter

Med- Arbiter- an officer in the regional

office or bureau authorized to hear
conciliate, and decide representation cases
of assist in the disposition of intra or inter
union disputes.

What are the cases falling under the jurisdiction of the

BLR?
The BLR has original and exclusive jurisdiction over
the following:
1. Inter-union disputes or representation disputes
which refer to cases involving petition for certification
election filed by a duly registered labor organization
which is seeking to be recognized as the sole and
exclusive bargaining agent of the rank-and-file
employees in the appropriate bargaining unit of a
company, firm or establishment.
2.
Intra-union disputes or internal union
disputes which refer to disputes or grievances
arising from any violation of or disagreement over any
provision of the constitution and by-laws of the union,
including any violation of the rights and conditions of
union membership provided for in the Labor Code.
3. All disputes, grievances or problems arising from
or affecting labor-management relations in all
workplaces, except those arising from the
interpretation or implementation of the CBA which are
subject of grievance procedure and/or voluntary
arbitration.
Coverage of Inter/Intra Union Disputes (Sec. 1,
Rule XI, D.O.40-03)
1. Cancellation of registration of a labor
organization filed by its members or by any
other labor organization
2. Conduct of election of union and workers
association officers/nullification of election of
union and workers association officers;
3. Audit/accounts examination of union or
workers association funds;
4. Deregistration of collective bargaining
agreements (CBA);
5. Validity/invalidity of union affiliation or
disaffiliation;
6. Validity/invalidity
of
acceptance/nonacceptance for union membership;
7. Validity/invalidity of impeachment/expulsion

Decisions of Med-Arbiters in intra-union

disputes are appealable to the BLR.

8.
9.
10.

11.

12.
13.

14.

of union and workers association officers and

members;
Validity/invalidity of voluntary recognition;
Opposition to application for union and CBA
registration;
Violations of or disagreements over any
provision in a union or workers association
constitution and by-laws;
Disagreements over chartering or registration
of labor organizations and collective
bargaining agreements;
Violations of the rights and conditions of
union or workers association membership;
Violations of the rights of legitimate labor
organizations, except interpretation of
collective bargaining agreements;
Such other disputes or conflicts involving the
rights
to
self-organization,
union
membership and collective bargaining
a. Between and among legitimate
labor organizations;
b. Between and among members of a
union or workers association.

Other Related Labor Relations Disputes (Sec. 2,

Rule XI D.O. 40-03)
Shall include any conflict between a labor
organization and the employer or any
individual, entity, or a group that is NOT a
labor organization or workers association.
This includes:
a. Cancellation of registration of unions
and workers association; and
b. A petition for interpleader.