This case has been cited 2 times or more.
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2014-04-07 |
LEONARDO-DE CASTRO, J. |
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| Thus, the labor dispute between the union and the company concerned the unresolved matters between the parties in relation to their negotiations for a new CBA. The power of the Secretary of Labor and Employment to assume jurisdiction over this dispute includes and extends to all questions and controversies arising from the said dispute, such as, but not limited to the union's allegation of bad faith bargaining. It also includes and extends to the various unresolved provisions of the new CBA such as compensation, particularly the matter of annual wage increase or yearly lump sum payment in lieu of such wage increase, whether or not there was deadlock in the negotiations. Indeed, nowhere does the Order dated September 20, 2004 of the Secretary of Labor and Employment mention a CBA deadlock. What the union viewed as constituting the inclusion of a CBA deadlock in the assumption of jurisdiction was the inclusion of the economic issues, particularly the company's stance of yearly lump sum payment in lieu of annual wage increase, in the directive for the parties to submit their respective position papers.[45] The union's Motion for Reconsideration (With Urgent Prayer to Compel the Company to Justify Offer of Wage [Increase] Moratorium) and Second Motion for Reconsideration questioning the Order dated September 20, 2004 of the Secretary of Labor and Employment actually confirm that the labor dispute between the parties essentially and necessarily includes the conflicting positions of the union, which advocates annual wage increase, and of the company, which offers yearly lump sum payment in lieu of wage increase. In fact, that is the reason behind the union's prayer that the company be ordered to justify its offer of wage increase moratorium.[46] As there is already an existing controversy on the matter of wage increase, the Secretary of Labor and Employment need not wait for a deadlock in the negotiations to take cognizance of the matter. That is the significance of the power of the Secretary of Labor and Employment under Article 263(g) of the Labor Code to assume jurisdiction over a labor dispute causing or likely to cause a strike or lockout in an industry indispensable to the national interest. As this Court elucidated in Bagong Pagkakaisa ng Manggagawa ng Triumph International v. Secretary of the Department of Labor and Employment[47]: Article 263(g) is both an extraordinary and a preemptive power to address an extraordinary situation a strike or lockout in an industry indispensable to the national interest. This grant is not limited to the grounds cited in the notice of strike or lockout that may have preceded the strike or lockout; nor is it limited to the incidents of the strike or lockout that in the meanwhile may have taken place. As the term "assume jurisdiction" connotes, the intent of the law is to give the Labor Secretary full authority to resolve all matters within the dispute that gave rise to or which arose out of the strike or lockout; it includes and extends to all questions and controversies arising from or related to the dispute, including cases over which the labor arbiter has exclusive jurisdiction. (Citation omitted.) | |||||
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2011-06-08 |
VELASCO JR., J. |
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| Indeed, it is the Office of the DAR Secretary which is vested with the primary and exclusive jurisdiction over all matters involving the implementation of the agrarian reform program.[43] However, this will not prevent the Court from assuming jurisdiction over the petition considering that the issues raised in it may already be resolved on the basis of the records before Us. Besides, to allow the matter to remain with the Office of the DAR Secretary would only cause unnecessary delay and undue hardship on the parties. Applicable, by analogy, is Our ruling in the recent Bagong Pagkakaisa ng Manggagawa ng Triumph International v. Department of Labor and Employment Secretary,[44] where We held: But as the CA did, we similarly recognize that undue hardship, to the point of injustice, would result if a remand would be ordered under a situation where we are in the position to resolve the case based on the records before us. As we said in Roman Catholic Archbishop of Manila v. Court of Appeals: | |||||