BOOK FIVE
LABOR RELATIONS
Title I
POLICY AND DEFINITIONS
Chapter I
POLICY
Article 211. Declaration of
Policy.
It is the policy of the State:
To promote and emphasize the primacy of
free collective bargaining and negotiations, including voluntary arbitration,
mediation and conciliation, as modes of settling labor or industrial disputes;
To promote free trade unionism as an
instrument for the enhancement of democracy and the promotion of social justice
and development;
To foster the free and voluntary
organization of a strong and united labor movement;
To promote the enlightenment of workers
concerning their rights and obligations as union members and as employees;
To provide an adequate administrative
machinery for the expeditious settlement of labor or industrial disputes;
To ensure a stable but dynamic and just
industrial peace; and
To ensure the participation of workers in
decision and policy-making processes affecting their rights, duties and
welfare.
To encourage a truly democratic method of
regulating the relations between the employers and employees by means of
agreements freely entered into through collective bargaining, no court or
administrative agency or official shall have the power to set or fix wages,
rates of pay, hours of work or other terms and conditions of employment, except
as otherwise provided under this Code. (As amended by Section 3, Republic Act
No. 6715, March 21, 1989)
Chapter II
DEFINITIONS
Article 212. Definitions.
"Commission" means the National
Labor Relations Commission or any of its divisions, as the case may be, as
provided under this Code.
"Bureau" means the Bureau of
Labor Relations and/or the Labor Relations Divisions in the regional offices
established under Presidential Decree No. 1, in the Department of Labor.
"Board" means the National
Conciliation and Mediation Board established under Executive Order No. 126.
"Council" means the Tripartite
Voluntary Arbitration Advisory Council established under Executive Order No.
126, as amended.
"Employer" includes any person
acting in the interest of an employer, directly or indirectly. The term shall
not include any labor organization or any of its officers or agents except when
acting as employer.
"Employee" includes any person
in the employ of an employer. The term shall not be limited to the employees of
a particular employer, unless the Code so explicitly states. It shall include
any individual whose work has ceased as a result of or in connection with any
current labor dispute or because of any unfair labor practice if he has not
obtained any other substantially equivalent and regular employment.
"Labor organization" means any
union or association of employees which exists in whole or in part for the
purpose of collective bargaining or of dealing with employers concerning terms
and conditions of employment.
"Legitimate labor organization"
means any labor organization duly registered with the Department of Labor and
Employment, and includes any branch or local thereof.
"Company union" means any labor
organization whose formation, function or administration has been assisted by any
act defined as unfair labor practice by this Code.
"Bargaining representative"
means a legitimate labor organization whether or not employed by the employer.
"Unfair labor practice" means
any unfair labor practice as expressly defined by the Code.
"Labor dispute" includes any
controversy or matter concerning terms and 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.
"Managerial employee" is one
who is vested with the powers or prerogatives to lay down and execute
management policies and/or to hire, transfer, suspend, lay-off, recall, discharge,
assign or discipline employees. Supervisory employees are those who, in the
interest of the employer, effectively recommend such managerial actions if the
exercise of such authority is not merely routinary or clerical in nature but
requires the use of independent judgment. All employees not falling within any
of the above definitions are considered rank-and-file employees for purposes of
this Book.
"Voluntary Arbitrator" means
any person accredited by the Board as such or any person named or designated in
the Collective Bargaining Agreement by the parties to act as their Voluntary
Arbitrator, or one chosen with or without the assistance of the National
Conciliation and Mediation Board, pursuant to a selection procedure agreed upon
in the Collective Bargaining Agreement, or any official that may be authorized
by the Secretary of Labor and Employment to act as Voluntary Arbitrator upon
the written request and agreement of the parties to a labor dispute.
"Strike" means any temporary
stoppage of work by the concerted action of employees as a result of an
industrial or labor dispute.
"Lockout" means any temporary
refusal of an employer to furnish work as a result of an industrial or labor
dispute.
"Internal union dispute"
includes all disputes or grievances arising from any violation of or
disagreement over any provision of the constitution and by laws of a union,
including any violation of the rights and conditions of union membership
provided for in this Code.
"Strike-breaker" means any
person who obstructs, impedes, or interferes with by force, violence, coercion,
threats, or intimidation any peaceful picketing affecting wages, hours or
conditions of work or in the exercise of the right of self-organization or
collective bargaining.
"Strike area" means the
establishment, warehouses, depots, plants or offices, including the sites or
premises used as runaway shops, of the employer struck against, as well as the
immediate vicinity actually used by picketing strikers in moving to and fro before
all points of entrance to and exit from said establishment. (As amended by
Section 4, Republic Act No. 6715, March 21, 1989)
Title II
NATIONAL LABOR RELATIONS COMMISSION
Chapter I
CREATION AND COMPOSITION
Article 213. National Labor
Relations Commission. There shall be a National Labor Relations
Commission which shall be attached to the Department of Labor and Employment
for program and policy coordination only, composed of a Chairman and fourteen
(14) Members.
Five (5) members each shall be chosen from
among the nominees of the workers and employers organizations, respectively.
The Chairman and the four (4) remaining members shall come from the public
sector, with the latter to be chosen from among the recommendees of the
Secretary of Labor and Employment.
Upon assumption into office, the members
nominated by the workers and employers organizations shall divest themselves of
any affiliation with or interest in the federation or association to which they
belong.
The Commission may sit en banc or in five
(5) divisions, each composed of three (3) members. Subject to the penultimate
sentence of this paragraph, the Commission shall sit en banc only for purposes
of promulgating rules and regulations governing the hearing and disposition of
cases before any of its divisions and regional branches, and formulating
policies affecting its administration and operations. The Commission shall
exercise its adjudicatory and all other powers, functions, and duties through
its divisions. Of the five (5) divisions, the first, second and third divisions
shall handle cases coming from the National Capital Region and the parts of
Luzon; and the fourth and fifth divisions, cases from the Visayas and Mindanao,
respectively; Provided that the Commission sitting en banc may, on temporary or
emergency basis, allow cases within the jurisdiction of any division to be
heard and decided by any other division whose docket allows the additional
workload and such transfer will not expose litigants to unnecessary additional
expense. The divisions of the Commission shall have exclusive appellate
jurisdiction over cases within their respective territorial jurisdictions. [As
amended by Republic Act No. 7700].
The concurrence of two (2) Commissioners
of a division shall be necessary for the pronouncement of judgment or
resolution. Whenever the required membership in a division is not complete and
the concurrence of two (2) commissioners to arrive at a judgment or resolution
cannot be obtained, the Chairman shall designate such number of additional
Commissioners from the other divisions as may be necessary.
The conclusions of a division on any case
submitted to it for decision shall be reached in consultation before the case
is assigned to a member for the writing of the opinion. It shall be mandatory
for the division to meet for purposes of the consultation ordained herein. A
certification to this effect signed by the Presiding Commissioner of the
division shall be issued and a copy thereof attached to the record of the case
and served upon the parties.
The Chairman shall be the Presiding
Commissioner of the first division and the four (4) other members from the
public sector shall be the Presiding Commissioners of the second, third, fourth
and fifth divisions, respectively. In case of the effective absence or
incapacity of the Chairman, the Presiding Commissioner of the second division
shall be the Acting Chairman.
The Chairman, aided by the Executive
Clerk of the Commission, shall have administrative supervision over the
Commission and its regional branches and all its personnel, including the
Executive Labor Arbiters and Labor Arbiters.
The Commission, when sitting en banc
shall be assisted by the same Executive Clerk and, when acting thru its
Divisions, by said Executive Clerks for the second, third, fourth and fifth
Divisions, respectively, in the performance of such similar or equivalent
functions and duties as are discharged by the Clerk of Court and Deputy Clerks
of Court of the Court of Appeals. (As amended by Section 5, Republic Act No. 6715,
March 21, 1989)
Article 214. Headquarters,
Branches and Provincial Extension Units. The Commission and its First,
Second and Third divisions shall have their main offices in Metropolitan
Manila, and the Fourth and Fifth divisions in the Cities of Cebu and Cagayan de
Oro, respectively. The Commission shall establish as many regional branches as
there are regional offices of the Department of Labor and Employment,
sub-regional branches or provincial extension units. There shall be as many
Labor Arbiters as may be necessary for the effective and efficient operation of
the Commission. Each regional branch shall be headed by an Executive Labor
Arbiter. (As amended by Section 6, Republic Act No. 6715, March 21, 1989)
Article 215. Appointment
and Qualifications. The Chairman and other Commissioners shall be
members of the Philippine Bar and must have engaged in the practice of law in
the Philippines for at least fifteen (15) years, with at least five (5) years
experience or exposure in the field of labor-management relations, and shall
preferably be residents of the region where they are to hold office. The
Executive Labor Arbiters and Labor Arbiters shall likewise be members of the
Philippine Bar and must have been engaged in the practice of law in the
Philippines for at least seven (7) years, with at least three (3) years
experience or exposure in the field of labor-management relations: Provided,
However, that incumbent Executive Labor Arbiters and Labor Arbiters who have
been engaged in the practice of law for at least five (5) years may be
considered as already qualified for purposes of reappointment as such under
this Act. The Chairman and the other Commissioners, the Executive Labor
Arbiters and Labor Arbiters shall hold office during good behavior until they reach
the age of sixty-five years, unless sooner removed for cause as provided by law
or become incapacitated to discharge the duties of their office.
The Chairman, the division Presiding
Commissioners and other Commissioners shall be appointed by the President,
subject to confirmation by the Commission on Appointments. Appointment to any
vacancy shall come from the nominees of the sector which nominated the
predecessor. The Executive Labor Arbiters and Labor Arbiters shall also be
appointed by the President, upon recommendation of the Secretary of Labor and
Employment and shall be subject to the Civil Service Law, rules and
regulations.
The Secretary of Labor and Employment
shall, in consultation with the Chairman of the Commission, appoint the staff
and employees of the Commission and its regional branches as the needs of the
service may require, subject to the Civil Service Law, rules and regulations,
and upgrade their current salaries, benefits and other emoluments in accordance
with law. (As amended by Section 7, Republic Act No. 6715, March 21, 1989)
Article 216. Salaries,
benefits and other emoluments. The Chairman and members of the
Commission shall receive an annual salary at least equivalent to, and be
entitled to the same allowances and benefits as those of the Presiding Justice
and Associate Justices of the Court of Appeals, respectively. The Executive
Labor Arbiters shall receive an annual salary at least equivalent to that of an
Assistant Regional Director of the Department of Labor and Employment and shall
be entitled to the same allowances and benefits as that of a Regional Director
of said Department. The Labor Arbiters shall receive an annual salary at least
equivalent to, and be entitled to the same allowances and benefits as that of
an Assistant Regional Director of the Department of Labor and Employment. In no
case, however, shall the provision of this Article result in the diminution of
existing salaries, allowances and benefits of the aforementioned officials. (As
amended by Section 8, Republic Act No. 6715, March 21, 1989)
Chapter II
POWERS AND DUTIES
Article 217. Jurisdiction
of the Labor Arbiters and the Commission.
Except as otherwise provided under this
Code, the Labor Arbiters shall have original and exclusive jurisdiction to hear
and decide, within thirty (30) calendar days after the submission of the case
by the parties for decision without extension, even in the absence of
stenographic notes, the following cases involving all workers, whether
agricultural or non-agricultural:
Unfair labor practice cases;
Termination disputes;
If accompanied with a claim for
reinstatement, those cases that workers may file involving wages, rates of pay,
hours of work and other terms and conditions of employment;
Claims for actual, moral, exemplary and other
forms of damages arising from the employer-employee relations;
Cases arising from any violation of
Article 264 of this Code, including questions involving the legality of strikes
and lockouts; and
Except claims for Employees Compensation,
Social Security, Medicare and maternity benefits, all other claims arising from
employer-employee relations, including those of persons in domestic or
household service, involving an amount exceeding five thousand pesos
(P5,000.00) regardless of whether accompanied with a claim for reinstatement.
The Commission shall have exclusive
appellate jurisdiction over all cases decided by Labor Arbiters.
Cases arising from the interpretation or
implementation of collective bargaining agreements and those arising from the interpretation
or enforcement of company personnel policies shall be disposed of by the Labor
Arbiter by referring the same to the grievance machinery and voluntary
arbitration as may be provided in said agreements. (As amended by Section 9,
Republic Act No. 6715, March 21, 1989)
Article 218. Powers of the
Commission. The Commission shall have the power and authority:
To promulgate rules and regulations
governing the hearing and disposition of cases before it and its regional
branches, as well as those pertaining to its internal functions and such rules
and regulations as may be necessary to carry out the purposes of this Code; (As
amended by Section 10, Republic Act No. 6715, March 21, 1989)
To administer oaths, summon the parties
to a controversy, issue subpoenas requiring the attendance and testimony of
witnesses or the production of such books, papers, contracts, records,
statement of accounts, agreements, and others as may be material to a just
determination of the matter under investigation, and to testify in any
investigation or hearing conducted in pursuance of this Code;
To conduct investigation for the
determination of a question, matter or controversy within its jurisdiction,
proceed to hear and determine the disputes in the absence of any party thereto
who has been summoned or served with notice to appear, conduct its proceedings
or any part thereof in public or in private, adjourn its hearings to any time
and place, refer technical matters or accounts to an expert and to accept his
report as evidence after hearing of the parties upon due notice, direct parties
to be joined in or excluded from the proceedings, correct, amend, or waive any
error, defect or irregularity whether in substance or in form, give all such
directions as it may deem necessary or expedient in the determination of the
dispute before it, and dismiss any matter or refrain from further hearing or
from determining the dispute or part thereof, where it is trivial or where
further proceedings by the Commission are not necessary or desirable; and
To hold any person in contempt directly
or indirectly and impose appropriate penalties therefor in accordance with law.
A person guilty of misbehavior in the
presence of or so near the Chairman or any member of the Commission or any
Labor Arbiter as to obstruct or interrupt the proceedings before the same,
including disrespect toward said officials, offensive personalities toward
others, or refusal to be sworn, or to answer as a witness or to subscribe an
affidavit or deposition when lawfully required to do so, may be summarily
adjudged in direct contempt by said officials and punished by fine not
exceeding five hundred pesos (P500) or imprisonment not exceeding five (5)
days, or both, if it be the Commission, or a member thereof, or by a fine not
exceeding one hundred pesos (P100) or imprisonment not exceeding one (1) day,
or both, if it be a Labor Arbiter.
The person adjudged in direct contempt by
a Labor Arbiter may appeal to the Commission and the execution of the judgment
shall be suspended pending the resolution of the appeal upon the filing by such
person of a bond on condition that he will abide by and perform the judgment of
the Commission should the appeal be decided against him. Judgment of the
Commission on direct contempt is immediately executory and unappealable.
Indirect contempt shall be dealt with by the Commission or Labor Arbiter in the
manner prescribed under Rule 71 of the Revised Rules of Court; and (As amended
by Section 10, Republic Act No. 6715, March 21, 1989)
To enjoin or restrain any actual or
threatened commission of any or all prohibited or unlawful acts or to require
the performance of a particular act in any labor dispute which, if not
restrained or performed forthwith, may cause grave or irreparable damage to any
party or render ineffectual any decision in favor of such party: Provided, That
no temporary or permanent injunction in any case involving or growing out of a
labor dispute as defined in this Code shall be issued except after hearing the
testimony of witnesses, with opportunity for cross-examination, in support of
the allegations of a complaint made under oath, and testimony in opposition
thereto, if offered, and only after a finding of fact by the Commission, to the
effect:
That prohibited or unlawful acts have
been threatened and will be committed and will be continued unless restrained,
but no injunction or temporary restraining order shall be issued on account of
any threat, prohibited or unlawful act, except against the person or persons,
association or organization making the threat or committing the prohibited or
unlawful act or actually authorizing or ratifying the same after actual
knowledge thereof;
That substantial and irreparable injury
to complainant’s property will follow;
That as to each item of relief to be
granted, greater injury will be inflicted upon complainant by the denial of
relief than will be inflicted upon defendants by the granting of relief;
That complainant has no adequate remedy
at law; and
That the public officers charged with the
duty to protect complainant’s property are unable or unwilling to furnish
adequate protection.
Such hearing shall be held after due and
personal notice thereof has been served, in such manner as the Commission shall
direct, to all known persons against whom relief is sought, and also to the
Chief Executive and other public officials of the province or city within which
the unlawful acts have been threatened or committed, charged with the duty to
protect complainant’s property: Provided, however, that if a complainant shall
also allege that, unless a temporary restraining order shall be issued without
notice, a substantial and irreparable injury to complainant’s property will be
unavoidable, such a temporary restraining order may be issued upon testimony
under oath, sufficient, if sustained, to justify the Commission in issuing a
temporary injunction upon hearing after notice. Such a temporary restraining
order shall be effective for no longer than twenty (20) days and shall become
void at the expiration of said twenty (20) days. No such temporary restraining
order or temporary injunction shall be issued except on condition that
complainant shall first file an undertaking with adequate security in an amount
to be fixed by the Commission sufficient to recompense those enjoined for any
loss, expense or damage caused by the improvident or erroneous issuance of such
order or injunction, including all reasonable costs, together with a reasonable
attorney’s fee, and expense of defense against the order or against the granting
of any injunctive relief sought in the same proceeding and subsequently denied
by the Commission.
The undertaking herein mentioned shall be
understood to constitute an agreement entered into by the complainant and the
surety upon which an order may be rendered in the same suit or proceeding
against said complainant and surety, upon a hearing to assess damages, of which
hearing, complainant and surety shall have reasonable notice, the said
complainant and surety submitting themselves to the jurisdiction of the
Commission for that purpose. But nothing herein contained shall deprive any
party having a claim or cause of action under or upon such undertaking from
electing to pursue his ordinary remedy by suit at law or in equity: Provided,
further, That the reception of evidence for the application of a writ of
injunction may be delegated by the Commission to any of its Labor Arbiters who
shall conduct such hearings in such places as he may determine to be accessible
to the parties and their witnesses and shall submit thereafter his
recommendation to the Commission. (As amended by Section 10, Republic Act No.
6715, March 21, 1989)
Article 219. Ocular
inspection. The Chairman, any Commissioner, Labor Arbiter or their
duly authorized representatives, may, at any time during working hours, conduct
an ocular inspection on any establishment, building, ship or vessel, place or
premises, including any work, material, implement, machinery, appliance or any
object therein, and ask any employee, laborer, or any person, as the case may
be, for any information or data concerning any matter or question relative to
the object of the investigation.
Article 220. Compulsory
arbitration. The Commission or any Labor Arbiter shall have the power
to ask the assistance of other government officials and qualified private
citizens to act as compulsory arbitrators on cases referred to them and to fix
and assess the fees of such compulsory arbitrators, taking into account the
nature of the case, the time consumed in hearing the case, the professional
standing of the arbitrators, the financial capacity of the parties, and the
fees provided in the Rules of Court.] (Repealed by Section 16, Batas Pambansa
Bilang 130, August 21, 1981)
Article 221. Technical
rules not binding and prior resort to amicable settlement. In any
proceeding before the Commission or any of the Labor Arbiters, the rules of
evidence prevailing in courts of law or equity shall not be controlling and it
is the spirit and intention of this Code that the Commission and its members
and the Labor Arbiters shall use every and all reasonable means to ascertain
the facts in each case speedily and objectively and without regard to
technicalities of law or procedure, all in the interest of due process. In any
proceeding before the Commission or any Labor Arbiter, the parties may be
represented by legal counsel but it shall be the duty of the Chairman, any
Presiding Commissioner or Commissioner or any Labor Arbiter to exercise
complete control of the proceedings at all stages.
Any provision of law to the contrary
notwithstanding, the Labor Arbiter shall exert all efforts towards the amicable
settlement of a labor dispute within his jurisdiction on or before the first
hearing. The same rule shall apply to the Commission in the exercise of its
original jurisdiction. (As amended by Section 11, Republic Act No. 6715, March
21, 1989)
Article 222. Appearances
and Fees.
Non-lawyers may appear before the
Commission or any Labor Arbiter only:
If they represent themselves; or
If they represent their organization or
members thereof.
No attorney’s fees, negotiation fees or
similar charges of any kind arising from any collective bargaining agreement
shall be imposed on any individual member of the contracting union: Provided,
However, that attorney’s fees may be charged against union funds in an amount
to be agreed upon by the parties. Any contract, agreement or arrangement of any
sort to the contrary shall be null and void. (As amended by Presidential Decree
No. 1691, May 1, 1980)
Chapter III
APPEAL
Article 223. Appeal. Decisions,
awards, or orders of the Labor Arbiter are final and executory unless appealed
to the Commission by any or both parties within ten (10) calendar days from
receipt of such decisions, awards, or orders. Such appeal may be entertained
only on any of the following grounds:
If there is prima facie evidence of abuse
of discretion on the part of the Labor Arbiter;
If the decision, order or award was
secured through fraud or coercion, including graft and corruption;
If made purely on questions of law; and
If serious errors in the findings of
facts are raised which would cause grave or irreparable damage or injury to the
appellant.
In case of a judgment involving a
monetary award, an appeal by the employer may be perfected only upon the
posting of a cash or surety bond issued by a reputable bonding company duly
accredited by the Commission in the amount equivalent to the monetary award in
the judgment appealed from.
In any event, the decision of the Labor
Arbiter reinstating a dismissed or separated employee, insofar as the
reinstatement aspect is concerned, shall immediately be executory, even pending
appeal. The employee shall either be admitted back to work under the same terms
and conditions prevailing prior to his dismissal or separation or, at the
option of the employer, merely reinstated in the payroll. The posting of a bond
by the employer shall not stay the execution for reinstatement provided herein.
To discourage frivolous or dilatory
appeals, the Commission or the Labor Arbiter shall impose reasonable penalty,
including fines or censures, upon the erring parties.
In all cases, the appellant shall furnish
a copy of the memorandum of appeal to the other party who shall file an answer
not later than ten (10) calendar days from receipt thereof.
The Commission shall decide all cases
within twenty (20) calendar days from receipt of the answer of the appellee.
The decision of the Commission shall be final and executory after ten (10)
calendar days from receipt thereof by the parties.
Any law enforcement agency may be
deputized by the Secretary of Labor and Employment or the Commission in the
enforcement of decisions, awards or orders. (As amended by Section 12, Republic
Act No. 6715, March 21, 1989)
Article 224. Execution of
decisions, orders or awards.
The Secretary of Labor and Employment or
any Regional Director, the Commission or any Labor Arbiter, or Med-Arbiter or
Voluntary Arbitrator may, motu proprio or on motion of any interested party,
issue a writ of execution on a judgment within five (5) years from the date it
becomes final and executory, requiring a sheriff or a duly deputized officer to
execute or enforce final decisions, orders or awards of the Secretary of Labor
and Employment or regional director, the Commission, the Labor Arbiter or
med-arbiter, or voluntary arbitrators. In any case, it shall be the duty of the
responsible officer to separately furnish immediately the counsels of record
and the parties with copies of said decisions, orders or awards. Failure to
comply with the duty prescribed herein shall subject such responsible officer
to appropriate administrative sanctions.
The Secretary of Labor and Employment,
and the Chairman of the Commission may designate special sheriffs and take any
measure under existing laws to ensure compliance with their decisions, orders
or awards and those of the Labor Arbiters and voluntary arbitrators, including
the imposition of administrative fines which shall not be less than P500.00 nor
more than P10,000.00. (As amended by Section 13, Republic Act No. 6715, March
21, 1989)
Article 225. Contempt
powers of the Secretary of Labor. In the exercise of his powers under
this Code, the Secretary of Labor may hold any person in direct or indirect
contempt and impose the appropriate penalties therefor.
Title III
BUREAU OF LABOR RELATIONS
Article 226. Bureau of
Labor Relations. The Bureau of Labor Relations and the Labor Relations
Divisions in the regional offices of the Department of Labor, shall have
original and exclusive authority to act, at their own initiative or upon
request of either or both parties, on all inter-union and intra-union
conflicts, and all disputes, grievances or problems arising from or affecting
labor-management relations in all workplaces, whether agricultural or
non-agricultural, except those arising from the implementation or
interpretation of collective bargaining agreements which shall be the subject
of grievance procedure and/or voluntary arbitration.
The Bureau shall have fifteen (15)
working days to act on labor cases before it, subject to extension by agreement
of the parties. (As amended by Section 14, Republic Act No. 6715, March 21,
1989).
Article 227. Compromise
agreements. Any compromise settlement, including those involving labor
standard laws, voluntarily agreed upon by the parties with the assistance of
the Bureau or the regional office of the Department of Labor, shall be final
and binding upon the parties. The National Labor Relations Commission or any
court, shall not assume jurisdiction over issues involved therein except in
case of non-compliance thereof or if there is prima facie evidence that the
settlement was obtained through fraud, misrepresentation, or coercion.
Article 228. Indorsement of
cases to Labor Arbiters.
Except as provided in paragraph (b) of
this Article, the Labor Arbiter shall entertain only cases endorsed to him for
compulsory arbitration by the Bureau or by the Regional Director with a written
notice of such indorsement or non-indorsement. The indorsement or non-indorsement
of the Regional Director may be appealed to the Bureau within ten (10) working
days from receipt of the notice.
The parties may, at any time, by mutual
agreement, withdraw a case from the Conciliation Section and jointly submit it
to a Labor Arbiter, except deadlocks in collective bargaining.] (Repealed by
Section 16, Batas Pambansa Bilang 130, August 21, 1981)
Article 229. Issuance of
subpoenas. The Bureau shall have the power to require the appearance
of any person or the production of any paper, document or matter relevant to a
labor dispute under its jurisdiction, either at the request of any interested
party or at its own initiative.
Article 230. Appointment of
bureau personnel. The Secretary of Labor and Employment may appoint,
in addition to the present personnel of the Bureau and the Industrial Relations
Divisions, such number of examiners and other assistants as may be necessary to
carry out the purpose of the Code. (As amended by Section 15, Republic Act No.
6715, March 21, 1989)
Article 231. Registry of
unions and file of collective bargaining agreements. The Bureau shall
keep a registry of legitimate labor organizations. The Bureau shall also
maintain a file of all collective bargaining agreements and other related
agreements and records of settlement of labor disputes and copies of orders and
decisions of voluntary arbitrators. The file shall be open and accessible to
interested parties under conditions prescribed by the Secretary of Labor and
Employment, provided that no specific information submitted in confidence shall
be disclosed unless authorized by the Secretary, or when it is at issue in any
judicial litigation, or when public interest or national security so requires.
Within thirty (30) days from the
execution of a Collective Bargaining Agreement, the parties shall submit copies
of the same directly to the Bureau or the Regional Offices of the Department of
Labor and Employment for registration, accompanied with verified proofs of its
posting in two conspicuous places in the place of work and ratification by the
majority of all the workers in the bargaining unit. The Bureau or Regional
Offices shall act upon the application for registration of such Collective
Bargaining Agreement within five (5) calendar days from receipt thereof. The
Regional Offices shall furnish the Bureau with a copy of the Collective
Bargaining Agreement within five (5) days from its submission.
The Bureau or Regional Office shall
assess the employer for every Collective Bargaining Agreement a registration
fee of not less than one thousand pesos (P1,000.00) or in any other amount as
may be deemed appropriate and necessary by the Secretary of Labor and
Employment for the effective and efficient administration of the Voluntary
Arbitration Program. Any amount collected under this provision shall accrue to
the Special Voluntary Arbitration Fund.
The Bureau shall also maintain a file and
shall undertake or assist in the publication of all final decisions, orders and
awards of the Secretary of Labor and Employment, Regional Directors and the
Commission. (As amended by Section 15, Republic Act No. 6715, March 21, 1989)
Article 232. Prohibition on
certification election. The Bureau shall not entertain any petition
for certification election or any other action which may disturb the
administration of duly registered existing collective bargaining agreements
affecting the parties except under Articles 253, 253-A and 256 of this Code.
(As amended by Section 15, Republic Act No. 6715, March 21, 1989)
Article 233. Privileged
communication. Information and statements made at conciliation
proceedings shall be treated as privileged communication and shall not be used
as evidence in the Commission. Conciliators and similar officials shall not
testify in any court or body regarding any matters taken up at conciliation
proceedings conducted by them.
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