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    Abbot Laboratories Phils. v. Abbot Laboratories

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    Rochelle Joy Solis
    The Supreme Court ruled that the Secretary of Labor and Employment has no jurisdiction to review decisions made by the Bureau of Labor Relations (BLR) in its appellate capacity. Specifically, the BLR had cancelled the registration of a union representing employees of Abbott Laboratories, and its decision to reverse the cancellation on appeal was not subject to further appeal to the Secretary. The Court affirmed the Secretary's refusal to exercise jurisdiction over the BLR's appellate decision, as such decisions are considered final. The proper remedy for an aggrieved party would have been to file a petition for certiorari within 60 days of the BLR decision. However, in this case the petition was filed beyond the 60 day period and was therefore barred.

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    Abbot Laboratories Phils. v. Abbot Laboratories

    Uploaded by

    Rochelle Joy Solis
    75 views2 pages
    The Supreme Court ruled that the Secretary of Labor and Employment has no jurisdiction to review decisions made by the Bureau of Labor Relations (BLR) in its appellate capacity. Specifically, the BLR had cancelled the registration of a union representing employees of Abbott Laboratories, and its decision to reverse the cancellation on appeal was not subject to further appeal to the Secretary. The Court affirmed the Secretary's refusal to exercise jurisdiction over the BLR's appellate decision, as such decisions are considered final. The proper remedy for an aggrieved party would have been to file a petition for certiorari within 60 days of the BLR decision. However, in this case the petition was filed beyond the 60 day period and was therefore barred.

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    The Supreme Court ruled that the Secretary of Labor and Employment has no jurisdiction to review decisions made by the Bureau of Labor Relations (BLR) in its appellate capacity. Specifically, the BLR had cancelled the registration of a union representing employees of Abbott Laboratories, and its decision to reverse the cancellation on appeal was not subject to further appeal to the Secretary. The Court affirmed the Secretary's refusal to exercise jurisdiction over the BLR's appellate decision, as such decisions are considered final. The proper remedy for an aggrieved party would have been to file a petition for certiorari within 60 days of the BLR decision. However, in this case the petition was filed beyond the 60 day period and was therefore barred.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    75 views2 pages

    Abbot Laboratories Phils. v. Abbot Laboratories

    Uploaded by

    Rochelle Joy Solis
    The Supreme Court ruled that the Secretary of Labor and Employment has no jurisdiction to review decisions made by the Bureau of Labor Relations (BLR) in its appellate capacity. Specifically, the BLR had cancelled the registration of a union representing employees of Abbott Laboratories, and its decision to reverse the cancellation on appeal was not subject to further appeal to the Secretary. The Court affirmed the Secretary's refusal to exercise jurisdiction over the BLR's appellate decision, as such decisions are considered final. The proper remedy for an aggrieved party would have been to file a petition for certiorari within 60 days of the BLR decision. However, in this case the petition was filed beyond the 60 day period and was therefore barred.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    TITLE G.R. No.

    131374

    Abbot Laboratories Phils. v. Abbot


    Laboratories

    PONENTE: Davide, Jr. C.J. DATE:

    January 26, 2000

    DOCTRINE:

    The appellate jurisdiction of the Secretary of Labor and Employment is limited only to a review of cancellation
    proceedings decided by the Bureau of Labor Relations in the exercise of its exclusive and original jurisdiction.
    The Secretary of Labor and Employment has no jurisdiction over decisions of the Bureau of Labor Relations
    rendered in the exercise of its appellate power to review the decision of the Regional Directors in a petition to
    cancel the union's certificate of registration, said decisions being final and inappealable.|||

    FACTS:

    Abbott Laboratories Employees Union, herein respondent union, applied for union registration with the Bureau of
    Labor Relations (BLR).The same was approved but was, however, cancelled, on motion of petitioner, by the
    Regional Director of the BLR on the ground of absence of common interest among the rank and file employees in
    the manufacturing unit to justify the formation of a separate bargaining unit. An appeal was made to the Secretary
    of Labor who referred the same back to the Director of the BLR. On June 21, 1996, the assailed decision was
    reversed by the BLR and a motion for reconsideration was denied on July 9, 1997. Undaunted, petitioner elevated
    the case to the Secretary of Labor, who in a letter addressed to petitioner's counsel, refused to act thereon on the
    ground that it had no jurisdiction over decisions rendered on appeal by the BLR in cancellation cases. Hence, the
    instant petition.||

    ISSUE/S

    RULING
    The jurisdiction of the Secretary of Labor and Employment under Rule VIII, Book V of the Omnibus
    Rules Implementing the Labor Code, as amended by Department Order No. 09, on cancellation proceedings, is
    limited only to those decided by the BLR in the exercise of its exclusive and original jurisdiction. It has no
    jurisdiction over decisions rendered in the exercise of its appellate power to review. AcSIDE

    The decisions of the BLR on cases brought before it on appeal from the Regional Director are final and
    executory. The remedy of the aggrieved party is a special civil action of certiorari under Rule, 65 of the Rules of
    Court which should be instituted within 60 days from notice of judgment, order or resolution sought to be assailed.
    In the case at bar, the petition, filed beyond the 60 day period, was already barred.

    DISPOSITIVE PORTION

    WHEREFORE, the Petition is DENIED. The challenged order in BLR-A-10-25-96 of the Secretary of Labor and
    Employment embodied in its 19 September letter is hereby AFFIRMED.|||

    ROCHELLE

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