NLRC dismisses pilots’ petition

Manila Bulletin
Monday, August 31, 1998
E.T. Suarez

The National Labor Relations Commission (NLRC) has dismissed for lack of jurisdiction the petition of the Airline Pilots Association of the Philippines (ALPAP) seeking to stop the Philippine Airlines (PAL) from hiring non-ALPAP pilots and to accept the striking ALPAP members to return to work without qualification.
In a 19-page resolution issued by its first division, the NLRC said it does not prevent ALPAP from seeking redress of its grievances against PAL, but the same must be ventilated in the proper forum.
“And when we speak of the proper forum, it is the ‘arena’ which by law and jurisprudence has first acquired exclusive jurisdiction to hear and decide the instant labor dispute," the NLRC said in a resolution written by Commissioner Tito F. Genilo and concurred in by Presiding Commissioner Lourdes C. Javier.
It added that when the labor secretary assumed jurisdiction over ALPAP's strike, said jurisdiction includes and extends to all questions and controversies arising therefore which includes the authority to issue injunctive orders in relation to said labor disputes.
"This is not without any jurisprudential authority for the issue at bar is not a case of first impression," Genilo said. "In International Pharmaceuticals, Inc. vs. Hon. Secretary of Labor and Associated Labor Union (ALU), the authority of the Secretary of Labor to extend his power to assume jurisdiction to incidental questions or issues directly arising from or related to the main dispute over which he initially assumed jurisdiction was upheld."@