Classificationoflabororganizations atthenationallevel

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Unformatted text preview: 
 bond
 because
it
was
not
in
a
position
to
post
a
cash
bond
 o Court
 allowed
 such
 because
 the
 requirement
 should
 be
 given
a
liberal
interpretation
 • Bond
accepted
conditionally
 o If
 accepted
 conditionally
 by
 the
 NLRC,
 then
 the
 failure
 to
 fulfill
 those
 conditions
 on
 time
 is
 tantamount
 to
 a
 failure
 to
post
the
bond
required
by
law
 • Supersedeas
bond
 o There
 is
 no
 procedural
 error
 that
 may
 be
 imputed
 to
 the
 arbiter
 in
 requiring
 the
 employer
 to
 post
 supersedeas
 bond
as
a
condition
for
the
stay
of
immediate
execution
of
 the
 judgment
 against,
 AFTER
 the
 appeal
 had
 been
 taken
 from
said
judgment
 9. Records
and
transmittal
 • The
records
of
a
case
shall
have
a
corresponding
index
of
its
contents
 which
shall
include
the
following
 o The
original
copy
of
the
complaint;
 o Other
pleadings
and
motions;
 o Minutes
 of
 the
 proceedings,
 notices,
 transcripts
 of
 stenographic
notes,
if
any;
 o Decisions,
 orders,
 and
 resolutions
 as
 well
 as
 proof
 of
 service
thereof,
if
available;
 o The
computation
of
the
award;

 o Memorandum
of
appeal
and
the
reply
or
answer
thereto,
if
 any,
and
proof
of
service,
if
available;

 o Official
receipt
of
the
appeal
fee;
and
 o The
appeal
bond,
if
any.
 • The
records
shall
be
chronologically
arranged
and
paged
prominently.
 • Within
forty‐eight
(48)
hours
after
the
filing
of
the
appeal,
the
records
 of
the
case
shall
be
transmitted
by
the
Regional
Arbitration
Branch
or
 office
of
origin
to
the
Commission.
 10. Effect
of
appeal
of
arbiter’s
decision
 • Without
 prejudice
 to
 immediate
 reinstatement
 pending
 appeal
 under
 Section
 6
 of
 Rule
 XI,
 once
 an
 appeal
 is
 filed,
 the
 Labor
 Arbiter
 loses
 jurisdiction
over
the
case.
All
pleadings
and
motions
pertaining
to
the
 appealed
 case
 shall
 thereafter
 be
 addressed
 to
 and
 filed
 with
 the
 Commission
 • Execution
or
Reinstatement
pending
appeal
 o In
 case
 the
 decision
 includes
 an
 order
 of
 reinstatement,
 and
the
employer
disobeys
the
directive
under
the
second
 paragraph
 of
 Section
 14
 of
 Rule
 V
 or
 refuses
 to
 reinstate
 the
 dismissed
 employee,
 the
 Labor
 Arbiter
 shall
 immediately
issue
writ
of
execution,
even
pending
appeal,
 directing
 the
 employer
 to
 immediately
 reinstate
 the
 dismissed
 employee
 either
 physically
 or
 in
 the
 payroll,
 and
 to
 pay
 the
 accrued
 salaries
 as
 a
 consequence
 of
 such
 reinstatement
at
the
rate
specified
in
the
decision.
 • 23
 The
 Sheriff
 shall
 serve
 the
 writ
 of
 execution
 upon
 the
 employer
or
any
other
person
required
by
law
to
obey
the
 same.
 If
 he
 disobeys
 the
 writ,
 such
 employer
 or
 person
 may
be
cited
for
contempt
in
accordance
with
Rule
IX.
 • Effect
of
perfection
of
appeal
on
execution
 o Perfection
 of
 an
 appeal
 shall
 stay
 the
 execution
 of
 the
 decision
 of
 the
 Labor
 Arbiter
 on
 appeal,
 except
 execution
 for
reinstatement
pending
appeal
 11. Frivolous
or
dilatory
appeals
 • No
 appeal
 from
 an
 interlocutory
 order
 shall
 be
 entertained.
 To
 discourage
 frivolous
 or
 dilatory
 appeals,
 including
 those
 taken
 from
 interlocutory
orders,
the
Commission
may
censure
or
cite
in
contempt
 the
 erring
 parties
 and
 their
 counsels,
 or
 subject
 them
 to
 reasonable
 fine
or
penalty.
 12. Appeals
from
decisions
of
other
agencies
 • The
 Rules
 provided
 herein
 governing
 appeals
 from
 the
 decisions
 or
 orders
 of
 Labor
 Arbiters
 shall
 apply
 to
 appeals
 to
 the
 Commission
 from
decisions
or
orders
of
the
other
offices
or
agencies
appealable
to
 the
Commission
according
to
law.
 13. Proceedings
before
the
commission
 • Commission
 En
 Banc.
‐
 The
 Commission
 shall
 sit
 en
 banc
 only
 for
 purposes
of
promulgating
rules
and
regulations
governing
the
hearing
 and
disposition
of
cases
before
its
Divisions
and
Regional
Arbitration
 Branches,
 and
 for
 the
 formulation
 of
 policies
 a...
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