This case has been cited 3 times or more.
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2014-02-26 |
DEL CASTILLO, J. |
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| It has long been settled that the remedy of an aggrieved party in a decision or resolution of the Secretary of Labor is to timely file a motion for reconsideration as a precondition for any further or subsequent remedy, and then seasonably file a special civil action for certiorari under Rule 65 of the 1997 Rules on Civil Procedure.[23] There is no distinction: when the Secretary of Labor assumes jurisdiction over a labor case in an industry indispensable to national interest, "he exercises great breadth of discretion" in finding a solution to the parties' dispute.[24] "[T]he authority of the Secretary of Labor to assume jurisdiction over a labor dispute causing or likely to cause a strike or lockout in an industry indispensable to national interest includes and extends to all questions and controversies arising therefrom. The power is plenary and discretionary in nature to enable him to effectively and efficiently dispose of the primary dispute."[25] This wide latitude of discretion given to the Secretary of Labor may not be the subject of appeal. | |||||
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2010-11-15 |
VILLARAMA, JR., J. |
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| The foregoing shows that the law makes a distinction between union officers and members. For knowingly participating in an illegal strike or participating in the commission of illegal acts during a strike, the law provides that a union officer may be terminated from employment. The law grants the employer the option of declaring a union officer who participated in an illegal strike as having lost his employment. It possesses the right and prerogative to terminate the union officers from service.[50] | |||||
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2010-03-22 |
CORONA, J. |
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| Nonetheless, the Secretary of the Labor assumed jurisdiction over the labor dispute between the union and RGMI and resolved the same in his September 18, 1996 order. Article 263(g) of the Labor Code[20] gives the Secretary of Labor discretion[21] to assume jurisdiction over a labor dispute likely to cause a strike or a lockout in an industry indispensable to the national interest and to decide the controversy or to refer the same to the NLRC for compulsory arbitration. In doing so, the Secretary of Labor shall resolve all questions and controversies in order to settle the dispute. His power is therefore plenary and discretionary in nature to enable him to effectively and efficiently dispose of the issue. [22] | |||||