Labor arbiters and the nlrc has jurisdiction to award

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Unformatted text preview: grievances,
 however,
 is
 the
 rules
 and
 regulations
 governing
 disciplinary
 actions.
 Judging
 therefrom,
 the
 questioned
 discharges
 due
 to
 alleged
 redundancy
 can
hardly
be
considered
company
personnel
policies
 and,
 therefore,
 need
 not
 directly
 be
 subject
 to
 the
 grievance
machinery
nor
to
voluntary
arbitration.
 Lalay
Abala.
ALS2014B.
Labor
II.
 The
Court
further
said
that
the
dismissal
of
the
ULP
 case
 would
 have
 been
 proper
 for
 voluntary
 arbitration
had
the
parties
explicitly
so
agreed.
 Does
 a
 labor
 arbiter
 have
 jurisdiction
 over
 an
 illegal
 dismissal
 complaint
 filed
 by
 a
 church
 minister?
 Is
 the
 principle
 of
 separation
 of
 church
and
state
applicable?
 o Austria
v.
NLRC
&
Cebu
City
Central
 It
 does
 not
 matter
 that
 the
 employer
 here
 is
 a
 religious
sect
and
that
it
was
organized
not
for
profit
 because
the
Labor
Code
applies
to
all
establishments
 whether
for
profit
or
not.
 The
 state
 is
 prohibited
 from
 interfering
 in
 purely
 ecclesiastical
 affairs,
 and
 the
 church
 likewise
 is
 barred
from
meddling
in
purely
secular
matter.
The
 case
at
bench
is
only
one
of
dismissal
of
an
employee
 in
 the
 exercise
 by
 the
 employer­church
 of
 its
 management
 prerogatives
 and
 therefore
 does
 not
 concern
any
ecclesiastical
matter.
What
is
involved
is
 only
the
relationship
of
the
church
as
an
EMPLOYER
 and
 the
 minister
 as
 an
 employee
 which
 is
 purely
 SECULAR
 in
 character
 and
 has
 no
 relation
 whatsoever
to
practice
of
faith,
worship.
 Termination
of
corporate
officer;
jurisdiction
over
intra­corporate
 disputes
transferred
from
SEC
to
RTC
 o Dismissal
 of
 a
 corporate
 officer
 by
 a
 corporate
 board
 is
 a
 corporate
 dispute
 that
 should
 be
 brought
 to
 the
 regular
 courts.
 Jurisdiction
 of
 the
 SEC
 over
 such
 case
 has
 been
 transferred
 to
 the
 courts
 by
 the
 Securities
 Regulation
Code
(RA
8799)
 o Dy,
et
al.
v.
NLRC
 CHV
 was
 director
 and
 stockholder
 and
 also
 manager
of
ARB,
a
banking
institution.
A
new
board
 passed
 a
 resolution,
 electing
 a
 new
 bank
 manager.
 CHV
 filed
 a
 complained
 for
 illegal
 dismissal
 with
 the
Ministry
of
Labor
and
Employment
against
the
 President
and
VP
of
ARB.
 The
 controversy
 is
 intra­corporate.
 It
 revolves
 around
the
election
of
directors,
officers
or
managers
 of
 the
 bank,
 the
 relation
 between
 and
 among
 stockholders,
 and
 between
 them
 and
 the
 corporation.
 These
 matters
 fall
 within
 the
 jurisdiction
of
the
SEC.
 This
is
not
a
case
of
dismissal.
The
situation
is
that
of
 a
corporate
officer
having
been
declared
vacant
and
 of
 CHV’s
 not
 having
 been
 elected
 thereafter.
 The
 matter
 of
 whom
 to
 elect
 is
 a
 prerogative
 that
 belongs
to
the
Board.
The
question
of
remuneration,
 involving
 a
 person
 who
 is
 a
 stockholder
 and
 officer,
 is
 not
 a
 simple
 labor
 problem
 but
 a
 matter
 that
 • 6
 • • comes
 within
 the
 area
 of
 corporate
 affairs
 and
 management,
 and
 is
 in
 fact
 an
 intra­corporate
 controversy
in
contemplation
of
the
corporation.
 o The
election,
appointment
or
removal
of
an
executive
VP
is
a
 prerogative
vested
upon
a
corporate
board.
Fortune
Cement
 Corp.
v.
NLRC
 o PD
 902­A:
 A
 corporate
 officer’s
 dismissal
 is
 always
 a
 corporate
 act,
 or
 an
 extra­corporate
 controversy
 and
 the
 nature
 is
 not
 altered
 by
 the
 reason
 or
 wisdom
 with
 which
 the
Board
of
Directors
may
have
in
taking
such
action.
 Effect
of
claim
for
backwages,
benefits,
or
damages
 o Where
 the
 occupant
 is
 not
 reelected
 by
 the
 Board
 of
 Directors,
 the
 officer’s
 complaint
 should
 be
 lodged
 with
 the
SEC
[now
the
regular
court],
not
the
NLRC,
even
if
the
 complaint/petitioner
 has
 claims
 for
 backwages,
 employment
benefits,
and
damages.
 o Andaya
v.
Abadia:
in
intra­corporate
matters,
such
as
those
 affecting
the
corporation,
its
directors,
trustees,
officers
and
 s...
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This document was uploaded on 03/11/2014.

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