Practice question
A serious labor dispute in an industry indispensable to the national interest is lawfully certified by the Secretary of Labor to the NLRC for compulsory arbitration. An employer argues that the Commission may act only after a Labor Arbiter has rendered a decision. Which is correct?
- The Commission has only appellate jurisdiction in every case
- A certified dispute is within the Commission’s original jurisdiction; a prior Labor Arbiter judgment is not required for that certification route
- The certification makes the employer the final adjudicator
- Only a barangay council may initially arbitrate the certified dispute
- The dispute must be dismissed because it involves a strike threat
Legal references
- https://lawphil.net/statutes/repacts/ra2006/ra_9347_2006.html — RA 9347, section 1: composition, divisions, en banc functions, two-Commissioner concurrence and consultation.
- https://lawphil.net/statutes/repacts/ra1989/ra_6715_1989.html — RA 6715, sections 9 and 27: Labor Arbiter appeals and certified national-interest disputes.
- https://nlrc.dole.gov.ph/site/faq — Official NLRC FAQ, jurisdiction categories: original injunction and certified-dispute jurisdiction, and appellate Labor Arbiter and Article129 jurisdiction.
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