Jurisdiction in Labor Cases

SOLE

- OJ:

1. Industry indispensable to national interest (Art. 263(g), LC)
2. Subsumed LA cases requiring expeditious resolution (Sec. 3(c), Rule VIII, NLRC Rules)
3. Visitorial and Enforcement Power (compliance order) (Art. 128)

- AJ:

1. RD – Visitorial and Enforcement Power (compliance order) (Art. 128, LC)
2. MA – Petition for Certification Election (Art. 259, LC)
3. BLRD – (EOJ) Registration and cancellation of registration of labor organization (Sec. 6, Rule IV, D.O. No. 40-03)
   

 MFR  CA (Certiorari 65 [60d])  SC (Review 45 [15d])

NLRC

- OJ:

1. Cases certified by the SOLE
2. TRO/Injunction against prohibited acts (Art. 218(e), LC) or enjoining acts in labor disputes (Art. 264, LC)

- AJ:

1. RD/AHO – Small money claims not exceeding P5,000 without claim for reinstatement (Art. 129, LC)
2. LA (Art. 217 (b) and Art. 233, LC)

 MFR  CA (Certiorari 65 [60d])  SC (Review 45 [15d])

VA

- EOJ:

1. Grievances arising from interpretation and implementation of CBA
2. Grievances arising from the interpretation and implementation of company personnel policies

- OTHER:
All other disputes submitted by both parties for voluntary arbitration

 CA (Appeal 43 [15d])

LA

1. Unfair labor practice
2. Termination disputes
3. When accompanied by a claim for reinstatement, all controversies filed by workers concerning wages, rates of pay, hours of work and other terms and conditions of employment
4. All claims for actual, moral, exemplary and other forms of damages arising out of an employer-employee relationship
5. Except Employee’s Compensation, social security, medicare and maternity benefits, all money claims arising from an employer-employee relationship, including household and domestic services, in an amount exceeding P5,000, regardless of whether or not it is accompanied by a claim for reinstatement
6. Cases involving the violation of Art. 264 or the commission of prohibited acts, including the legality of strikes and lockout (except if certified/assumed by SOLE)
7. Money claims and termination disputes of Overseas Filipino Workers (RA 8042, July 15, 1995)

 NO MFR (any MFR filed shall be treated as an appeal)
 NLRC (Appeal [10cd]) but reinstatement is self-executory

BLRD

- OJ:

1. Registration of labor federation (Art. 231, LC)
2. Cancellation of registration of labor federation (Art. 231, LC)

 SOLE (Appeal [10d])

- AJ:

1. RD – Registration and cancellation of registration of labor organization (Sec. 6, Rule IV, D.O. No. 40-03)
2. RD – Registration and deregistration of CBA (Sec. 5, Rule XVII, D.O. No. 40-03)
3. MA – inter-union and intra-union disputes (Sec. 16, Rule XI, D.O. No. 40-03)

 Final and executory

RD

• Visitorial and Enforcement Power (compliance order) (Art. 128, LC)

 MFR (7cd)  SOLE (Appeal [10cd]) (if appeal by employer, post surety or cash bond)

• Small money claims not exceeding P5,000 without claim for reinstatement (Art. 129, LC)

 NLRC (Appeal [5cd])  CA (Certiorari 65 [60d])  SC (Review 45 [15d])

• Registration and cancellation of registration of labor organization (Art. 235, LC; Sec. 4, Rule IV and Sec. 5, Rule XI, D.O. No. 40-03)

 BLRD (Appeal [10d])

• Registration and deregistration of CBA (Sec. 1, Rule XVII, D.O. No. 40-03)

 BLRD (Appeal [10d])

MA

• Petition for certification election (Arts. 256, 257 and 258, LC)

 SOLE (Appeal [10d])

• Inter-union and intra-union disputes (Sec. 5, Rule XI, D.O. No. 40-03) – concurrent with RD when no MA available

 BLRD (Appeal [10d])

AHO

Small money claims not exceeding P5,000 without claim for reinstatement (Art. 129, LC)

 NLRC (Appeal [5cd]) (appeal fee of P150 and employer post surety or cash bond)