DOLE Regional DirectorNLRCAppeal within 5 calendar days (not extendible)

Labor Arbiter (LA)NLRCAppeal within 10 calendar days (not working) from receipt of decision by counsel (not by the party) With memorandum of appeal GROUNDS (FAQS):1. Fraud or coercion, including graft and corruption in securing the decision;2. Abuse of discretion on LAs part (an exercise of certiorari power by the NLRC);3. Questions of law; and4. Serious errors which if not corrected would cause grave or irreparable damage to appellant.

MR of LAs decision is not allowed If a MR or a Petition for Relief is filed, the LA should treat it as an appeal to the NLRCLAs original and exclusive jurisdiction: (UIM2DS)A.1. ULP cases (civil aspect);2. Illegal dismissal cases;3. Money claims exceeding P5,000;4. Money claims in illegal dismissal cases (regardless of amount) with a claim for reinstatement;5. Damages arising from employer-employee relationship; and6. Strikes and lockouts (legality).B. Exercise of DOLE Secretarys visitorial and enforcement powers, where employer contests findings of labor inspector.C. Money claims of OFWs (even if not arising from employer-employee relationship)

Exceptions to the jurisdiction of the LA:1. EC, SSS, PhilHealth and maternity benefits; and2. Interpretation and implementation of CBA, or enforcement or interpretation of company personnel policies.Other than those arising from a CBAORIGINAL Jurisdiction:1. Injunction (in ordinary labor disputes)2. Injunction (in strikes and lockouts)3. Labor disputes (in industry indispensable to the national interest, certified to it by the Secretary of DOLE for compulsory arbitration):EXCLUSIVE APPELLATE Jurisdiction:1. All cases decided by the LA2. Contempt cases decided by the LA3. Cases decided by the DOLE Regional Director involving recovery of wages, simple money claims and other benefits under Art. 129.

Note: If the LA does not have original and exclusive jurisdiction over the claim, the NLRC cannot have appellate jurisdiction thereover.

MR from NLRCs decision is Indispensable requirement before going to the CA Mandatory and jurisdictional Only 1 MR is allowed It is filed within 10 calendar days

CA Via Certiorari Petition under Rule 65 Within 60 days from receipt (not extendible) by counsel (not by party) May be filed even if NLRC decision has become final and executorySC Via Petition for Review under Rule 45

CONCURRENT

Jurisdiction of the BLR and LRD:Original and Exclusive Jurisdiction

1. Inter-union conflicts;Jurisdiction of DOLE Regional Directors Small money claimsRequisites:1. Claim is presented;2. Claimant does not seek reinstatement; and 3. Aggregate money claim of each claimant does not exceed P5,000.

Visitorial and enforcement powers of DOLE Regional DirectorRequisites:1. Employer-employee relationship exists (otherwise, the LA has the jurisdiction);2. Findings in question were made in the course of inspection; and3. Employees have not yet initiated any claim or complaint with the DOLERegional Director or with the LA.

2. Intra-union conflicts; and3. Disputes, grievances or problems arising from or affecting labor-management relations, EXCEPT those arising from a CBA.Absence of any, it is the LA who has jurisdiction

1. Application for registration of labor unions; andConcurrent Jurisdiction

2. Petition for cancellation of union registration

Jurisdiction of Med-Arbiter1. Representation cases;2. Inter-union cases;3. Intra-union disputes; and4. Other related labor relations disputes.

DOLE Regional Directors orderDOLE SecretaryAppeal within 10 calendar days from receipt of a copy of the order(the grounds: FAQS)

RULES on APPEALSDecision of Med-ArbiterTheir decisions are final and executory after 10 days from receipt by parties UNLESS, 1 MR from their respective decisions is allowed.Intra-union disputeBureau of Labor RelationsAppeal within 10 days from receipt

Inter-union dispute(certification election)DOLE SecretaryAppeal within 10 days from receipt

DOLE Secretary has power to suspend effects of termination of employeesEFFECTS:Grounds:1. They will be immediately reinstated; and1. Termination may cause a serious labor dispute; or2. They will not be deprived of their wages.2. Termination is in implementation of a mass lay-off.

Prescription of Actions:1. Money Claims 3 years from accrual of cause of action, or categorical denial of a claim For money claims arising from (a) CBA;(b) OFWs;(c) Incremental proceeds from tuition increases2. Unfair Labor Practices 1 year from the commission of acts complained of Pre-requisite for prosecution of criminal cases: A final judgment finding that an ULP was committed should first be secured in the labor case before the LA or VA Period is suspended during he pendency of the administrative proceeding Final judgment in the administrative case cannot be presented as evidence of the facts proven therein or as evidence of the guilt of respondent therein3. Illegal Dismissal 4 years from dismissal4. Offenses under the Labor Code and its IRR 3 years from commission of acts

Jurisdiction of the Grievance Machinery1. Interpretation and implementation of the CBA; andIf unresolved within 7 days, they shall be forwarded to a Voluntary Arbitrator

2. Interpretation and enforcement of company personnel policies.

Jurisdiction of the Voluntary ArbitratorsIncluding money claims arising thereto

1. Unresolved grievances (a) Interpretation or implementation of the CBA(b) Interpretation or enforcement of company personnel policies(c) Interpretation and implementation of Productivity Incentive Programs2. Violations of the CBA (not gross in character; if gross, it is considered as ULP, which must be resolved by the LA)3. Wage distortion in organized establishments (in an unorganized, the LA has jurisdiction)4. ULP and bargaining deadlocks, upon agreement of parties

Note: When a case does not involve the parties to a CBA, it is not subject to voluntary arbitration.Note: (1) DOLE Secretary may act as voluntary arbitrator for any potential or ongoing dispute, as submitted by either or both parties.(2) DOLE Regional Directors and Assistant Regional Directors may act as an ex-officio Voluntary Arbitrator.

Voluntary Arbitrators decisionCourt of AppealsOrdinary appeal under Rule 43 within 15 daysGrounds: (JAD2E)1. Lack or want of jurisdiction;2. Grave abuse of discretion;3. Violation of due process;4. Denial of substantive justice; and5. Erroneous interpretation of the law.

VAs decision if final, inappealable, and executory after 10 calendar days from receipt of a copy by the parties

NLRCs decisionCourt of AppealsCertiorari Petition via Rule 65 within 60 days from notice of the judgment, order or resolutionGrounds: (WEG)1. Without jurisdiction;2. Excess of jurisdiction; and3. Grave abuse of discretion amounting to lack or in excess of jurisdiction.Supreme CourtAppeal via Rule 45 (Petition for Review) within 15 days from notice of judgment or denial of MRNote:Rule 65 cannot be a substitute for a lost appeal under Rule 45