Als2014blaborii division is a legally entity not the

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Unformatted text preview: spute
 • Even
 the
 question
 of
 employer‐employee
 relationship
 can
 be
 considered
a
labor
dispute
 • San
Miguel
Corporation
Employees
union
v.
Bersamina

 o San
 Miguel
 entered
 into
 contracts
 with
 Lipercon
 and
 D’Rite
 which
 are
 independent
 contractors.
 It
 was
 agreed
 that
 the
 workers
 would
 not
 be
 considered
 employees
 or
 agents
 of
 SMC.
 The
 CBA
 with
 the
 Union
 provided
 that
 temporary
 or
 contractual
 employees
 are
 excluded
 from
 the
 bargaining
 unit.
 Yet,
 some
 of
 the
 contractual
 employees
 joined
 the
 Union
 and
 asked
 to
 be
 treated
 as
 SMC
employees.
SMC
filed
with
the
RTC.
The
Union
argued
 that
the
controversy
involved
a
labor
dispute
and
wasthus
 beyond
the
regular
court’s
jurisdiction
 o A
 labor
 dispute
 exists.
 While
 it
 is
 SMC’s
 submission
 that
 there
 is
 no
 employer­employee
 relationship
 exists,
 a
 labor
 dispute
 can
 nevertheless
 exist
 “regardless
 of
 whether
 the
 disputants
 stand
 in
 the
 proximate
 relationship
 of
 employer
 and
 employee”,
 provided
 the
 controversy
 concerns,
 among
 others,
the
terms
and
conditions
of
employment
or
a
change
 of
 arrangement
 thereof.
 The
 existence
 of
 a
 labor
 dispute
 is
 not
negatived
by
the
fact
that
the
plaintiffs
and
defendants
 do
 not
 stand
 in
 the
 proximate
 relation
 of
 employer
 and
 employee.
 o Terms,
 tenure
 and
 conditions
 of
 the
 employment
 and
 the
 arrangement
of
those
terms
are
thus
involved,
bringing
the
 matter
within
the
purview
of
a
labor
dispute.
 Labor
Disputes
and
Remedies:
A
summary
 • Labor
 dispute
 –
 any
 controversy
 or
 matter
 concerning
 terms
 or
 conditions
 of
 employment
 or
 the
 association
 or
 representation
 of
 persons
in
negotiating,
fixing,
maintaining,
changing
or
arranging
the
 terms
 and
 conditions
 of
 employment,
 regardless
 of
 whether
 the
 disputants
stand
in
the
proximate
relation
of
employer
and
employee
 Lalay
Abala.
ALS2014B.
Labor
II.
 Nature
 –
 arises
 from
 employer‐employee
 relationship,
 although
disputants
need
not
be
proximately
employee
or
 employer
of
the
other
 o Subject
matter
–
(1)
terms
or
conditions
of
employment
or
 (2)
 association
 or
 representation
 of
 persons
 in
 negotiating,
 fixing,
 maintaining,
 or
 changing
 terms
 or
 conditions
of
employment
 Kinds
of
labor
disputes
 o Labor
standards
disputes
 Compensation
 Benefits
 Working
conditions
 o Labor
relations
disputes
 Organizational
Right
Dispute/ULP
 Representation
Disputes
 Bargaining
Disputes
 Contract
 Administration
 or
 Personnel
 Policy
 Disputes
 Employment
Tenure
Disputes
 Remedies
in
labor
disputes
 o Grievance
Procedure
 o Conciliation
(literally
means
to
draw
together)
 o Mediation
(literally
means
to
be
in
the
middle)
 o Enforcement
or
compliance
order
 o Certification
of
bargaining
representatives
 o Arbitration
 Voluntary
 –
award
is
final
and
unappealable
except
 through
certiorari
 Compulsory
 –
 appealable
 to
 the
 NLRC,
 then
 to
 the
 CA,
thru
special
civil
action
of
certiorari
 o Assumption
of
jurisdiction
 o Certification
to
NLRC
 o Injunction
 o Judicial
Action
 o Appeal
 o Review
by
court
 o Compromise
agreement
 o • • 
 Title
II:
National
Labor
Relations
Commission
 Chapter
I:
Creation
and
composition
 Article
213.
 Article
214.
 NLRC:
Nature
and
Organization
 3
 1. 2. 3. 4. 5. Creation
and
autonomy
 • Before
 the
 Labor
 Code
 
 labor
 court
 was
 the
 Court
 of
 Industrial
 Relations
(CIR)
 • When
martial
law
was
declared

CIR
abolished
and
replaced
with
an
 ad
hoc
National
Labor
Relations
Commission
 o This
 NLRC
 was
 short‐lived
 and
 was
 replaced
 with
 the
 NLRC
created
by
the
Labor
Code
 Administrative
Supervision
delegated
to
the
DOLE
Secretary
 • While
 Article
 213
 specifically
 states
 “for
 program
 coordination
 only”,
 GMA
released
Executive
Order
No.
204
which
delegated
to
the
Secretary
 of Labor
 “administrative
 supervision
 over
 the
 NLRC,
 its
 regional
 branches
and
all
its
personnel”

 o It
 cited
 two
 objectives:
 (1)
 to
 further
 improve
 the
 rate
 of
 disposition
of
cases
and
(2)
to
enhance
existing
measures
 for
the
prevention
of
graft
and
corruption
in
the
NLRC
 • The
Secretary
was
tasked
to:
 o Enhance
 existing
 measures
 within
 the
 agency,
 or
...
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