As petitionersappointmentascomptrollerrequired

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their
employers
 o If
 2
 or
 more
 Regional
 Arbitration
 Branches
 have
 jurisdiction,
then
the
one
that
first
acquired
jurisdiction
 o When
venue
is
not
objected
to
before
the
filing
of
position
 papers,
such
issue
shall
be
deemed
waived
 o Venue
 of
 an
 action
 may
 be
 changed
 or
 transferred
 to
 a
 different
 Regional
 Arbitration
 Branch
 by
 written
 agreement
 of
 the
 parties
 or
 when
 the
 Commission
 or
 Labor
Arbiter
orders
 o Cases
involving
OFWs,
filed
with
the
Regional
Arbitration
 Branch
 having
 jurisdiction
 over
 the
 place
 where
 the
 complainant
resides
or
where
the
principal
office
of
any
of
 the
 respondents
 is
 situated,
 at
 the
 option
 of
 the
 complainant
 • Worker’s
option
 o Dayag
v.
Canizares,
NLRC
and
Young
Construction
 Question
 of
 venue
 essentially
 pertains
 to
 the
 trial
 and
relates
more
to
the
convenience
of
the
parties
 rather
 than
 upon
 the
 substance
 and
 merits
 of
 the
 case.
 The
 provisions
 on
 venue
 are
 intended
 to
 assure
convenience
for
the
plaintiff
and
his
witness
 and
to
promote
the
ends
of
justice
 The
 worker,
 being
 the
 economically­disadvantaged
 party
 –
 whether
 as
 complainant/petitioner
 or
 as
 respondent,
 as
 the
 case
 may
 be
 –
 the
 nearest
 governmental
 machinery
 to
 settle
 the
 dispute
 must
 be
 placed
 at
 his
 immediate
 disposal.
 Even
 in
 cases
 where
 venue
 has
 been
 stipulated
 by
 the
 parties,
 the
 Court
 has
 not
 hesitated
 to
 set
 aside
 the
 same
 if
 it
 would
 lead
 to
 a
 situation
 so
 grossly
 inconvenient
 to
 one
party
as
to
virtually
negate
his
claim
 5
 o • 5. 6. 7. Workplace
if
the
complainant
works
in
a
vessel
plying
the
 Manila
and
Cotabato
route?
Sulpicio
Lines
v.
NLRC
 For
 purposes
 of
 venue,
 workplace
 shall
 be
 understood
 as
 the
 place
 or
 locality
 where
 the
 employee
 is
 regularly
 assigned
 when
 the
 cause
 of
 action
 arose.
 Manila­Estancia­Iloilo­Zamboanga­ Cotabato
route
 • Waiver
 o Rule
re:
complainant/petitioner’s
workplace,
it
is
intended
 for
 the
 exclusive
 benefit
 of
 the
 worker.
 As
 such,
 the
 worker
may
waive
said
benefit
 Labor
arbiter’s
jurisdiction:
ULP
Cases
 • ULP
 is
 any
 act
 intended
 or
 directed
 to
 weaken
 or
 defeat
 the
 workers’
 right
to
self‐organize
or
to
engage
in
lawful
concerted
activities;
carries
 the
effect
of
anti‐unionism
 • ULP
cases
are
within
the
original
jurisdiction
of
the
labor
arbiter
 • National
Union
of
Bank
Employees
v.
Judge
Lazaro
 o CBTC
entered
into
CBA
with
the
Union.
Negotiations
were
 suspended
 because
 the
 bank
 had
 entered
 into
 a
 merger
 with
the
BPI.
Union
filed
a
case
with
the
CFI
against
CBTC
 and
 BPI
 for
 specific
 performance,
 damages
 and
 preliminary
injunction.
CFI
dismissed
the
case.
 o Dismissal
 is
 correct.
 The
 case
 is
 an
 unfair
 labor
 practice
 controversy
within
the
original
and
exclusive
jurisdiction
of
 the
labor
arbiters
and
the
exclusive
appellate
jurisdiction
of
 the
NLRC.

 CBA
violation
amounting
to
ULP
 • Under
the
jurisdiction
of
the
labor
arbiters
and
the
NLRC
 • Only
 gross
 violations
 of
 a
 CBA
 are
 considered
 unfair
 labor
 practice,
 hence
 within
 the
 jurisdiction
 of
 a
 labor
 arbiter.
 If
 not
 gross,
 the
 violation
is
not
ULP
 Labor
arbiter’s
jurisdiction:

termination
disputes
 • Termination
 disputes
 or
 illegal
 dismissal
 complaints
 fall
 within
 the
 jurisdiction
of
a
labor
arbiter
 • But
a
question
of
overlapping
jurisdiction
has
arisen
because
of
Article
 217,
last
sentence.
It
requires
a
labor
arbiter
to
refer
to
the
grievance
 machinery
 and
 voluntary
 arbitration
 all
 cases
 arising
 from
 interpretation
 or
 enforcement
 of
 collective
 bargaining
 agreement
 or
 company
personnel
policies.
 o Is
 the
 dismissal
 of
 an
 employee
 an
 enforcement
 of
 personnel
 policy
 and,
 therefore,
 should
 be
 brought
 to
 a
 voluntary
arbitrator
instead
of
a
labor
arbiter?
 No,
not
necessarily.
 San
 Miguel
 Corp
 v.
 NLRC:
 The
 usual
...
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This document was uploaded on 03/11/2014.

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