100membersdidnotratifythe document is the waiver

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Unformatted text preview: aking
power
 o Commission
 has
 the
 power
 to
 promulgate
 rules
 and
 regulations
–
 10
 Governing
 the
 hearing
 and
 disposition
 of
 cases
 before
it
and
its
regional
branches
 Pertaining
to
its
internal
functions
 Those
 that
 may
 be
 necessary
 to
 carry
 out
 the
 purposes
of
this
Code
 o These
 rules
 and
 regulations
 have
 the
 force
 and
 effect
 of
 law
 Admin
law:
administrative
regulations
and
policies
 enacted
 by
 administrative
 bodies
 to
 interpret
 the
 law
 which
 they
 are
 entrusted
 to
 enforce,
 have
 the
 force
of
law
and
are
entitled
to
great
respect
 Rules
 and
 regulations
 must
 not
 be
 in
 conflict
 with
 or
contrary
to
the
Labor
Code
and
other
laws
 Power
to
issue
compulsory
process
 o Commission
has
power
to
–
 Administer
oaths
 Summon
parties
 Issue
subpoenas
ad
testificandum
and
duces
tecum
 Power
to
investigate
and
hear
disputes
within
its
jurisdiction
 o Commission
has
power
to
–
 Conduct
 investigations
 for
 the
 determination
 of
 a
 question,
 matter
 or
 controversy
 within
 its
 jurisdiction;
and
 Proceed
to
hear
and
determine
the
disputes
in
the
 manner
 laid
 down
 under
 paragraph
 (c)
 of
 Article
 218
 Contempt
power
 o Contempt
 is
 disobedience
 to
 the
 Court
 by
 setting
 up
 an
 opposition
to
its
authority,
justice
and
dignity.

 o Contempt
signifies
willful
disregard
or
disobedience
of
the
 court’s
 orders
 and
 it
 is
 conduct
 that
 tends
 to
 bring
 the
 authority
 of
 the
 court
 and
 the
 administration
 of
 law
 into
 disrepute
 or
 in
 some
 manner
 to
 impede
 the
 due
 administration
of
justice
 o Disobedience
or
resistance
to
a
lawful
writ,
process,
order,
 judgment
or
command
of
a
court
or
injunction
granted
by
 a
court
or
judge
constitutes
 indirect
contempt,
punishable
 under
Rule
71
of
the
Rules
of
Court
 Power
to
conduct
ocular
inspection
 o (1)
 Chairman,
 (2)
 Commissioner,
 (3)
 Labor
 Arbiter,
 (4)
 representative
may,
AT
ANY
TIME
DURING
WORK
HOURS
 –
 Conduct
 an
 ocular
 inspection
 on
 establishment,
 building,
 ship
 or
 vessel,
 place
 or
 premises,
 including
 any
 work,
 material,
 implement,
 machinery,
appliance
or
any
object
therein
 Ask
 any
 employee,
 laborer
 or
 any
 person
 for
 information
 concerning
 any
 matter
 or
 question
 relative
to
the
object
of
the
investigation
 • • • • Lalay
Abala.
ALS2014B.
Labor
II.
 Azucena:
 inspection
 power
 is
 but
 an
 adjunct
 to
 the
 adjudicatory
function;
can
only
be
exercised
only
to
assist
 or
expedite
adjudication
of
a
pending
dispute
 Adjudicatory
power:
original
 o NLRC
divisions
has
original
jurisdiction
over
petitions
for
 injunction
or
for
TRO
 o It
 has
 original
 jurisdiction
 to
 hear
 and
 decide
 national
 interest
cases
certified
to
it
by
the
Secretary
of
Labor
 NLRC
 gains
 jurisdiction
 over
 all
 questions
 submitted,
 even
 over
 issues
 that
 otherwise
 fall
 within
the
labor
arbiter’s
exclusive
jurisdiction
 Adjudicatory
power:
appellate
 o NLRC
 has
 exclusive
 appellate
 jurisdiction
 over
 all
 cases
 decided
 by
 the
 labor
 arbiters
 and
 the
 DOLE
 regional
 director
or
hearing
officers
 Where
the
labor
arbiter
has
no
jurisdiction,
or
has
 not
acquired
jurisdiction,
neither
has
the
NLRC.
 o NLRC
 has
 no
 appellate
 jurisdiction
 over
 the
 decisions
 enumerated
below,
because
they
are
instead
appealable
to
 the
CA
–
 Decisions
by
a
voluntary
arbitrator
 The
Secretary
of
Labor
 The
 Bureau
 of
 Labor
 Relations
 Director
 on
 cases
 appealed
from
the
DOLE
regional
offices
 o Pondoc
v.
NLRC
 Pondoc
won
a
judgment
at
the
labor
arbiter’s
level,
 ordering
 his
 employer
 to
 pay
 sums
 of
 money.
 Employer
 moved
 that
 his
 liabilities
 be
 set‐off
 against
 the
 employee’s
 alleged
 unpaid
 indebtedness
 to
 him.
 Labor
 arbiter
 denied
 and
 issued
 writ
 of
 execution.
 But
 the
 employer
 then
 filed
 with
 the
 NLRC
 an
 action
 for
 injunction
 and
 damages.
NLRC
set
aside
order
of
the
labor
arbiter
 and
allowed
set‐off
 Issue:...
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This document was uploaded on 03/11/2014.

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