Question & AnswerQ&A (Republic Act No. 9347)
The National Labor Relations Commission (NLRC) is composed of a Chairman and twenty-three (23) members. Eight (8) members are chosen from nominees of workers' organizations, eight (8) from employers' organizations, and the Chairman and seven (7) remaining members come from the public sector, preferably from incumbent labor arbiters.
The Chairman serves as the Presiding Commissioner of the first division of the NLRC and has exclusive administrative supervision over the commission and its personnel, including Labor Arbiters. The Chairman appoints staff and oversees administrative functions.
Upon assumption into office, members nominated by workers and employers' organizations must divest themselves of any affiliation or interest in the federation or association they belong to.
The NLRC exercises its adjudicatory powers through its eight (8) divisions, each composed of three members. The commission sits en banc only for promulgating rules and regulations and formulating policies, while divisions handle case hearings and decisions.
The first six divisions of the NLRC have their main offices in Metropolitan Manila, while the seventh and eighth divisions are located in Cebu and Cagayan de Oro, respectively. The commission also establishes regional branches and provincial extension units as necessary.
They must be Philippine Bar members with at least 15 years of legal practice, with 5 years experience in labor-management relations. They hold office during good behavior until age 65, which may be extended up to 70 upon recommendation. Appointments are made by the President.
Labor Arbiters must be Philippine Bar members with at least 10 years of legal practice and at least 5 years experience or exposure in labor-management relations.
Chairman and members receive salaries and benefits equivalent to the Presiding Justice and Associate Justices of the Court of Appeals. Labor Arbiters receive equivalent salaries and benefits as Judges of the Regional Trial Courts. Salaries shall not be diminished.
Decisions require the concurrence of two commissioners in a division. If membership is incomplete, the Chairman designates additional commissioners. Divisions must consult before assigning a member to write an opinion and must issue a certification of this consultation.
The NLRC sitting en banc promulgates rules and regulations, formulates policies affecting administration and operations, but does not hear cases. Cases are adjudicated through the divisions.