Kindsofemployment

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Unformatted text preview: the
 Division
 having
 territorial
 jurisdiction
 over
 the
 principal
 office
 of
 the
 company
 shall
 acquire
 jurisdiction
 to
 decide
 such
 labor
 dispute;
 unless
 the
 certification
 order
 provides
 otherwise
 o The
 certification
 for
 compulsory
 arbitration,
 as
 directed
 by
 the
 Minister
 of
 Labor,
 overrides
 the
 other
 unresolved
 proceedings
before
the
NLRC
 o International
 Pharmaceuticals
 Inc
 v.
 Secretary
 of
 Labor
 and
 Associated
Labor
Union
 Before
 CBA
 expired,
 Union
 submitted
 a
 list
 of
 economic
 and
 political
 demands.
 Deadlock.
 Strike.
 3
 labor
 cases
 were
 subsequently
 filed.
 Meanwhile,
 considering
 that
 the
 company
 was
 engaged
 in
 the
 manufacture
 of
 drugs
 and
 pharmaceuticals
 and
 employed
 600
 workers,
 Secretary
 issued
 an
 order
 assuming
 jurisdiction
 over
 the
 case.
 The
 secretary
 ordered
the
consolidation
of
the
3
cases.
Company
 assails
the
order.
 Issue:
W/N
the
secretary
has
the
power
to
 assume
 jurisdiction
 over
 a
 labor
 dispute
 and
 its
 incidental
 controversies?
YES
 The
 Secretary
 was
 conferred
 with
 jurisdiction
 over
 cases
 which
 would
 otherwise
 be
 under
 the
 original
 and
 exclusive
 jurisdiction
 of
 labor
 arbiters.
 There
 was
 an
 existing
 labor
 dispute
 as
 a
 result
 of
 a
 deadlock
 in
 the
 negotiation
 for
 a
 CBA
 and
 the
 consequent
strike
over
which
the
Secretary
assumed
 jurisdiction
pursuant
to
Article
263(g).
 “Necessarily,
 this
 authority
 to
 assume
 jurisdiction
 over
 the
 said
 labor
 dispute
 must
 include
 and
 extend
 to
 all
 questions
 and
 controversies
 arising
 therefrom,
 including
 cases
 over
 which
 the
 labor
 arbiter
 has
 exclusive
jurisdiction.
 The
3
cases
were
just
offshoots
of
the
stalemate
in
 the
 negotiations
 and
 the
 strike.
 The
 consolidation
 was
 necessary
 to
 enable
 the
 Secretary
 to
 competently
 and
 efficiently
 dispose
 of
 the
 dispute
 in
its
entirety
 Submission
of
incidental
issues;
rulings
reconciled
 o St.
Scholastica’s
College
v.
Torres
 Union
 and
 the
 school
 initiated
 negotiations
 for
 a
 first‐ever
 CBA.
 Deadlock
 led
 to
 a
 strike.
 Secretary
 assumed
jurisdiction
 and
issued
on
the
same
day
a
 RTWO.
Instead
of
returning
to
work,
the
union
filed
 a
 MR
 of
 the
 RTWO,
 questioning
 the
 assumption
 of
 jurisdiction.
 Secretary
 denied
 the
 MR.
 Union
 21
 • continued
 to
 defy
 the
 RTWO.
 SSC
 then
 terminated
 the
 employment
 of
 all
 the
 striking
 employees.
 Secretary
 issued
 an
 order
 which
 directed
 the
 reinstatement
 of
 striking
 union
 members,
 but
 sustained
the
termination
of
the
union
officers.
SSC
 questions
...
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