b. DOLE Secretary

Appeal

If order issued by duly authorized representative of DOLE Secretary – appeal to the latter

If order involves monetary award – an appeal by the employer may be perfected only upon posting of CASH or SURETY bond in the amount equivalent to the monetary award in the order appealed from.

SOLE generally has NO jurisdiction over appeals

In The Heritage Hotel vs. National Union of Workers (G.R. 178296, 2011), the Supreme Court ruled that jurisdiction remained with the BLR despite the BLR Director's inhibition.

“When the DOLE Secretary resolved the appeal, she merely stepped into the shoes of the BLR Director and performed a function that the latter could not himself perform.”

SOLE has the power to give arbitral awards in the exercise of his authority to assume jurisdiction over labor dispute

The arbitral award given by the Secretary of Labor can be considered as an approximation of a collective bargaining agreement. While the award cannot per se be categorized as an agreement between the parties (because of the Secretary's interference), it still has the force and effect of a valid contract obligation between the parties, as is stated in (Cirtek Employees vs. Cirtek Electronics, G.R. 190515, 2011).

Appeal of Secretary’s Order

In “national interest” cases, the Secretary’s Order may be appealed to the Office of the President.

Before a decision is rendered, the parties may opt to submit the dispute to voluntary arbitration. (Labor code, Art. 278(h) [263(h)]).

Arrest and Detention (Labor code, Art. 281)

GR: No Union members or union organizers may be arrested or detained for union activities without previous consultation with the Secretary of Labor.

Exception: On grounds of national security and public peace.