WHERE TO FILE CASES
This article hopes to answer as simply as possible the questions: “What would you do…
(1) if there is a case filed against you by SLU, or
(2) if a co-employee files a case against you, or
(3) if you want to file a case against SLU or
(4) if you want to file a case against a co-employee.
Under labor law, these are the possible places (venue) where a case between an employer and an employee case can be heard.
1. The Grievance Procedure under the Collective Bargaining Agreement (CBA)
2. The Regional Office of the Department of Labor and Employment (DOLE)
3. The National Labor Relations Commission (NLRC)
4. The National Conciliation and Mediation Board (NCMB)
The agencies above have different jurisdictions. Meaning, a case cannot be filed with one agency if the case is not part of its power to decide. We shall then discuss the jurisdiction of the above-mentioned agencies.
I. The Grievance Procedure in the CBA
Simply put, the Grievance Procedure in the CBA is a remedy where the case must first be tried to be solved within the University before it goes to another agency outside of the University. This means that the grievance is more of an internal settlement of a case.
Not all cases can be put to the grievance procedure. It is only when the issue INVOLVES (1) the INTERPRETATION of the CBA; (2) the interpretation of school regulations and policies that the case can be put under the grievance. For example, if an employee believes that the evaluation tool is subjective, this may be brought before the grievance. Also, if the employee has questions on an interpretation of a provision of the faculty manual or non-teaching manual, this may be brought before the grievance.
How is the grievance procedure done? The grievance starts when an employee files a letter of complaint addressed to the President of the UFESLU. The UFESLU President then schedules a CLEARING MEETING where the representatives of the SLU Management and the UFESLU meet. The Clearing meeting, as the first step, is quite informal since its aim is to arrive at a possible settlement. The SLU Administration is usually represented by the three vice-presidents and the Personnel Officer. The UFESLU is represented by the President and the Secretary-General. The complainants may appear in this meeting.
If the case is not settled in the Clearing Meeting, the case goes to the GRIEVANCE COMMITTEE MEETING which is a formal meeting of the parties. The SLU Administration is represented by the SLU Legal Officer. The UFESLU is represented by the President and the UFESLU legal counsel. The parties will also still aim to settle the issue at this stage.
If the issue is not solved in favor of the employee in the Grievance Committee Meeting, the case goes out of the University and the UFESLU will now file a case (in behalf of the employee) to the National Conciliation and Mediation Board (NCMB).
(Next issue, what is the NCMB?)
This article hopes to answer as simply as possible the questions: “What would you do…
(1) if there is a case filed against you by SLU, or
(2) if a co-employee files a case against you, or
(3) if you want to file a case against SLU or
(4) if you want to file a case against a co-employee.
Under labor law, these are the possible places (venue) where a case between an employer and an employee case can be heard.
1. The Grievance Procedure under the Collective Bargaining Agreement (CBA)
2. The Regional Office of the Department of Labor and Employment (DOLE)
3. The National Labor Relations Commission (NLRC)
4. The National Conciliation and Mediation Board (NCMB)
The agencies above have different jurisdictions. Meaning, a case cannot be filed with one agency if the case is not part of its power to decide. We shall then discuss the jurisdiction of the above-mentioned agencies.
I. The Grievance Procedure in the CBA
Simply put, the Grievance Procedure in the CBA is a remedy where the case must first be tried to be solved within the University before it goes to another agency outside of the University. This means that the grievance is more of an internal settlement of a case.
Not all cases can be put to the grievance procedure. It is only when the issue INVOLVES (1) the INTERPRETATION of the CBA; (2) the interpretation of school regulations and policies that the case can be put under the grievance. For example, if an employee believes that the evaluation tool is subjective, this may be brought before the grievance. Also, if the employee has questions on an interpretation of a provision of the faculty manual or non-teaching manual, this may be brought before the grievance.
How is the grievance procedure done? The grievance starts when an employee files a letter of complaint addressed to the President of the UFESLU. The UFESLU President then schedules a CLEARING MEETING where the representatives of the SLU Management and the UFESLU meet. The Clearing meeting, as the first step, is quite informal since its aim is to arrive at a possible settlement. The SLU Administration is usually represented by the three vice-presidents and the Personnel Officer. The UFESLU is represented by the President and the Secretary-General. The complainants may appear in this meeting.
If the case is not settled in the Clearing Meeting, the case goes to the GRIEVANCE COMMITTEE MEETING which is a formal meeting of the parties. The SLU Administration is represented by the SLU Legal Officer. The UFESLU is represented by the President and the UFESLU legal counsel. The parties will also still aim to settle the issue at this stage.
If the issue is not solved in favor of the employee in the Grievance Committee Meeting, the case goes out of the University and the UFESLU will now file a case (in behalf of the employee) to the National Conciliation and Mediation Board (NCMB).
(Next issue, what is the NCMB?)
