a. Regional Arbitration Branches (Labor Arbiters)

JURISDICTION OF THE LABOR ARBITER

• ULP (PRIORITY, RESOLVED WITHIN 30 CALENDAR DAYS FROM SUBMISSION FOR DECISION)

The LA has jurisdiction over the civil aspect of ULP. The criminal aspect is lodged with the regular courts. (Labor Code, Art. 258)

Violations of the CBA are not ULP unless the same are gross violations. (Labor Code, Art. 274)

The test of whether an employer has interfered with and coerced employees within the meaning of Art. 259 (a) is whether the employer has engaged in conduct which it may reasonably be said tends to interfere with the free exercise of an employee’s rights, and it is not necessary that there be direct evidence that any employee was in fact intimidated or coerced by statements of threats of the employer if the employer’s conduct may reasonably be inferred to tend to interfere with employees’ free exercise of their right to self-organization and collective bargaining. (Francisco Labor Laws, 1956, Vol. II p 323)

• TERMINATION DISPUTES