National Labor Relations Commission (Philippines)

Topics: National Labor Relations Act, Trade union, Unfair labor practice Pages: 8 (2388 words) Published: August 1, 2012
What is NLRC ?

National Labor Relations Commission (Philippines)
The National Labor Relations Commission is a commission organized by the Philippine government to resolve, investigate and settle disputes between employees and employers. The NLRC is a subsequent part of the Department of Labor and Employment where its policies and programs are coordinated. The commission dates back to the commonwealth period, when the contract labor law act was passed in the United States Congress on January 23, 1885, it was then implemented in the Philippines on June 6, 1899.

The Philippines was abiding by the contract labor law act until the national assembly through Commonwealth Act No. 103 created the Court of Industrial Relations (CIR) on October 29, 1936. In the onset of CIR’s existence[2] it was first placed under the supervision of the Department of Justice. The court consisted of a presiding judge and four associate judges which were then appointed by the President of the Philippines, which should have consent from the commission on appointments. During the martial law, former president Ferdinand E. Marcos issued presidential decree (P.D.) 21[3] creating an interim National Labor Relations Commission. It comprised three members the undersecretary of labor as Chairman, the Director of labor relations and the Director of labor standards. The Interim Commission took point in all matters involving employer-employee relations including all disputes and grievances. The interim NLRC existed for two years, until the passage of P.D. 442. The CIR was abolished on November 1, 1974 because of its conflicts with the provisions of the newly formed interim NLRC. The NLRC under P.D. 442 was given the same scope of services to the interim NLRC but had its members increased as the volume of labor cases also increased. After the EDSA revolution the NLRC was regionalized[4] after the 1986 constitutional convention. The first and second division's main offices are located in Manila. These divisions handle cases from the National Capital Region (NCR). The third division, whose offices are also located in Manila, handles cases from Luzon except the NCR. The fourth division, which is located in Cebu City, handles cases from the Visayas, while the fifth division, located in Cagayan de Oro City, handles cases from Mindanao.

The National Labor Relations Act of the Wagner Act of 1935 guarantees to non-supervisory employees the right to self-organize, choose their own representatives, and bargain collectively or to choose not to do these things. The act makes it illegal for employers and labor unions to interfere with these rights and establishes the National Labor Relations Board to hear cases involving unfair labor practices. The National Labor Relations Board is an independent agency created by the Wagner Act of 1935 to oversee the laws, to investigate and hold hearings on unfair labor practice complaints, to issue cease and desist orders against employers found guilty of unfair practices, to determine the composition of appropriate individual employee bargaining units, and to oversee union certifications and decertification secret ballot election.

According to the Cornell Legal Information Institute, the goal of labor laws are to equalize the bargaining power between employers and employees. They primarily deal with the relationship between employers and unions. Labor laws grant employees the right to unionize and prohibits/allows employers and employees to engage in certain activities (e.g. strikes, picketing, seeking injunctions, lockouts) in seeking to have their demands fulfilled. The area of labor law is governed by both federal and state statutes, law and judicial decisions. It is also governed by the regulations and decisions of administrative agencies. There are many laws which affect labor in some way, but the three laws which will directly concern labor-management relations are the...
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