I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
The Bureau of Labor Relations has jurisdiction over the following cases:
A.) Original and Exclusive
1.) Inter-union conflicts
2.) Intra-union conflicts
3.) All disputes, problems, or grievances that are founded on or affect labor-management relations, whether agricultural or not (except those founded on an interpretation or interpretation of a CBA -these are subject either to the grievance procedure and/or voluntary arbitration)
B.) Appellate
1.) Decisions of med-arbiters in intra-union disputes
2.) Regional office decisions on petitions to cancel a union's registration certificate
A med-arbiter is an officer in the DOLE regional office or BLR whose job is to hear and decide representation, intra/inter-union disputes and other labor relations disputes except cases on cancellation of union registration. Decisions of the med-arbiter/regional director are appealable to the the BLR within 10 days from receipt of the decision. The BLR has 15 days to work on cases submitted to it. This period can be extended on agreement by the parties. A decision of the BLR must also be appealed within 15 days from its receipt; the appeal is to the DOLE secretary.
Representation cases are those cases meant to determine which among rival unions in an establishment should be the appropriate representative for collective bargaining purposes. Inter-union disputes are disputes between unions while an intra-union dispute is a dispute within a union.
The NCMB
The National Conciliation and Mediation Board is an attached agency under the supervision and control of the DOLE. It was created to handle the conciliation, mediation, and voluntary arbitration functions of the BLR and is composed of an administrator and 2 deputies.
Functions:
1.) Formulate policies, programs, procedures, standards, operation manuals and guidelines on effective mediation and conciliation of labor disputes
2.) Preventive mediation and conciliation functions
3.) Coordinate and maintain linkages with other sectors and institutions and other government authorities concerned with matters relative to the prevention and settlement of labor disputes
4.) Formulate policies, plans, programs, standards, procedures, operations manuals and guidelines pertaining to the promotion of cooperative and non-adversarial schemes, grievance handling, voluntary arbitration and other voluntary modes of dispute settlement
5.) Administer the voluntary arbitration program; maintain/update a list of voluntary arbitrations and compile arbitration awards and decisions
6.) Provide counseling and preventive mediation assistance particularly in the administration of collective agreements
7.) Monitor and exercise technical supervision over BLR programs implemented in regional offices
8.) Perform other such function provided by law or assigned by the DOLE secretary
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