(REPEALED BY PRESIDENTIAL DECREE NO. 442)
To promote industrial peace, maximize productivity and secure social
justice for all the people, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me under the
Constitution as Commander-in-Chief of all the Armed Forces of the
Philippines, and pursuant to Proclamation No. 1081 dated September 21,
1972, and General Orders Nos. 1 and 5 dated September 22, 1972, do
hereby order and decree: chanroblesvirtualawlibrary
Section 1. A National Labor Relations Commission is
hereby established in the Department of Labor composed of three members
with the Undersecretary of Labor or his duly authorized representative
as Chairman, and the Director of Labor Relations and the Director of
Labor Standards or their duly authorized representatives as members. If
the Undersecretary of Labor cannot attend, his duly authorized
representative shall sit as a member, and the Director of Labor
Standards or, in his absence, the Director of Labor Relations shall act
as Chairman. chanroblesvirtualawlibrary
Section 2. The Commission shall have original and
exclusive jurisdiction over the following:cralaw:red
1) All matters involving employee-employer relations
including all disputes and grievances which may otherwise lead to
strikes and lockouts under Republic Act No. 875;chanroblesvirtualawlibrary
2) All strikes overtaken by Proclamation No. 1081;
and
3) All pending cases in the Bureau of Labor
Relations.
Section 3. The parties to any dispute, grievance or
issue shall first exhaust all steps in the grievance procedure provided
for in the applicable collective bargaining agreement or such other
means of dispute settlement mutually agreed upon by them before either
or both parties may raise an issue, dispute or grievance to the
Commission. The complaining party will be required to show proofs of
failure to settle the issue, dispute or grievance under the procedure
agreed upon by the parties.
Section 4. Before assuming jurisdiction over any
issue, dispute or grievance, the commission or its duly authorized
representative shall give the parties a chance to submit their problem
for voluntary arbitration. However, if the parties fail to agree on the
arbitrator, the Commission may designate an arbitrator to hear and
decide such grievance, dispute or issue or itself act as the
arbitrator.
Section 5. The decision of the Commission shall be
immediately executory unless appealed to the Secretary of Labor who
shall act on all cases within five (5) days from filing. The latter's
decision is appealable to the President. chanroblesvirtualawlibrary
Outside the Greater Manila Area, the Commission is empowered to
designate a representative who, together with a representative of the
union and a representative of management to be nominated by the
immediate parties to the particular issue, dispute or grievance shall
mediate, conciliate and, if necessary, conduct a fact-finding
investigation and submit its findings to the Commission within five (5)
days from commencement of the investigation for decision.
Section 6. Upon promulgation of this decree, all
collective bargaining agreements shall contain a provision designating
a voluntary arbitrator, who may be an individual or a committee, to
decide all disputes and grievances arising out of the implementation of
the collective bargaining agreements. All existing collective
bargaining agreements without such provision shall be duly amended to
include such provision. Such amendment shall be reported immediately to
the Commission. All lockouts shall be deemed illegal.
Section 7. The Commission or any member thereof shall
have the power to administer oath, issue subpoena and subpoena duces
tecum, and to hold any person in contempt for refusal to comply.
Section 8. On recommendation of the Commission, the
Secretary of Labor shall designate mediators, fact-finders,
representation officers and such other assistants as the Commission may
deem necessary from among the existing officials and personnel of the
Department of Labor.
Section 9. The Commission shall promulgate such rules
of procedure and other regulations as would enable it to resolve or
terminate all cases within thirty (30) days from filing, as well as
rules and regulations governing collective bargaining.
Section 10. The President of the Philippines, on
recommendation of the Commission and the Secretary of Labor, may order
the arrest and detention of any person held in contempt by the
Commission for non-compliance and defiance of any subpoena, order or
decision duly issued by the Commission in accordance with this Decree
and its implementing rules and regulations for any violation of the
provisions of this Decree. chanroblesvirtualawlibrary
Section 11. No employer may shut down his
establishment or dismiss or terminate the services of regular employees
with at least one year of service without written clearance of the
Secretary of Labor.
Section 12. All provisions of existing laws, orders,
and regulations contrary to or inconsistent with this Decree are hereby
repealed.
Done in the City of Manila,
this 14th day of October, in the year of Our Lord, nineteen hundred and
seventy-two.
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