Thejoborundertaking also begins and ends at

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Unformatted text preview: the
 assumption
 by
 the
 Secretary
 of
 jurisdiction
 to
 decide
 on
 termination
 disputes,
 maintaining
that
jurisdiction
is
vested
on
the
Labor
 Arbiter
 SSC
 also
 invokes
 PAL
 v.
 Secretary
 which
 said
 that
 “all
that
the
Secretary
may
enjoin
is
the
holding
of
 the
 strike
 but
 not
 the
 company’s
 right
 to
 take
 action
 against
 union
 officers
 who
 participated
 in
 the
illegal
strike
and
committed
illegal
acts”
 Before
the
Secretary
may
take
cognizance
of
an
issue
 which
 is
 merely
 incidental
 to
 the
 labor
 dispute,
 therefore,
 the
 same
 must
 be
 involved
 in
 the
 labor
 dispute
 itself,
 or
 otherwise
 submitted
 to
 him
 for
 resolution.
 If
 it
 was
 not,
 as
 was
 the
 case
 in
 Pal
 v.
 Secretary,
 and
 he
 nevertheless
 acted
 on
 it,
 that
 assumption
 of
 jurisdiction
 is
 tantamount
 to
 a
 grave
 abuse
 of
 discretion.
 Otherwise,
 the
 ruling
 in
 International
 Pharmaceuticals
 v.
 Secretary
 will
 apply.
 The
 submission
 of
 an
 incidental
 issue
 of
 a
 labor
 dispute,
 in
 assumption
 and/or
 certification
 cases,
to
the
Secretary,
for
his
resolution
is
thus
one
 of
 the
 instances
 referred
 to
 whereby
 the
 latter
 may
 exercise
 concurrent
 jurisdiction
 together
 with
 the
 Labor
Arbiters.
 o In
 assumption
 of
 jurisdiction,
 the
 power
 of
 the
 Secretary
 extends
to
all
questions
and
controversies
arising
therefrom.
 The
 power
 is
 plenary
 and
 discretionary
 in
 nature
 to
 enable
 him
 to
 effectively
 and
 efficiently
 dispose
 of
 the
 primary
 dispute
 o Exception:
 where
 the
 parties
 have
 an
 existing
 no
 strike‐no
 lockout
 agreement
 requiring
 that
 their
 disputes
 be
 brought
 to
voluntary
arbitration
 Procedure
in
certified
cases
 o Unless
there
is
a
necessity
to
conduct
a
clarificatory
hearing,
 the
 Commission
 shall
 resolve
 all
 certified
 cases
 within
 30
 calendar
days
from
receipt
by
the
assigned
Commissioner
of
 the
 complete
 reocrds,
 which
 shall
 include
 the
 position
 papers
of
the
parties
and
the
orders
of
the
Secretary
denying
 the
 MR
 of
 the
 certification
 order,
 if
 such
 motion
 has
 been
 filed
 o Where
 a
 clarificatory
 hearing
 is
 needed,
 the
 Commission
 shall,
 within
 5
 calendar
 days
 from
 receipt
 of
 the
 records,
 issue
a
notice
to
be
served
on
the
parties
through
the
fastest
 means
 available,
 requiring
 them
 to
 appear
 and
 submit
 additional
evidence,
if
any
 Lalay
Abala.
ALS2014B.
Labor
II.
 Notwithstanding
the
necessity
for
a
clarificatory
hearing,
all
 certified
 cases
 shall
 be
 resolved
 by
 the
 Commission
 within
 60
calendar
days
from
the
r...
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