Competencies Distribution by Matter between Local and Federal Conciliation and Arbitration Boards
The Boards’ competencies are divided into Local and Federal, these will know about the conflicts that occur within their jurisdiction.
Federal Conciliation and Arbitration Board
It will know about labor conflicts when dealing with the industrial branches, companies or subjects described in articles 123, Section A subsection XXXI of the Political Constitution and, the Federal’s Labor Law article 527. And it has to be aware and solve the labor conflicts between workers and employers or those derived from labor relationships or facts related to them.
Local Conciliation and Arbitration Boards
It is competency of the states’ Local Conciliation and Arbitration Boards know about the conflicts occurring within their jurisdiction and that are not Federal Boards competency, that is to say, all other industry branches not considered in the article 257 of the law in question.
Federation’s Conciliation and Arbitration Special Boards
Special Boards must be aware and solve labor conflicts in all Federal competency industry branches and activities, within the territorial jurisdiction assigned.
In conflicts of Local Boards competency referred to the article’s 698 first paragraph, when in the suit are executed actions related in training matter, safety or hygiene, the knowledge of these matters will be competency of the Federal Conciliation and Arbitration Special Board, in accordance with its jurisdiction.
In the previous case, when the Local Board admits the suit, will order to get a copy of it and the other documents filed by the complainant, which will be immediately sent to the Federal Board confirmation and resolution exclusively on the matter about training, safety or hygiene in the terms pointed out on the law by the article 699.
When dealing with collective conflicts, the Special Board will be integrated along with the Federal Conciliation and Arbitration Board’s president, in accordance with what’s written in the article 609 section I, which means that exceptions referred in article 609, inherent to collective conflicts’ resolution that doesn’t correspond to the Special Board integrated with its president, however, as it is authorized to process such collective conflicts whether they are legal or economic nature, as it’s described in article 620, Section II, subsections a) and c) of the Federal Labor Law.
Once defined the competency by jurisdiction between Local and Federal, this will be specified attending the distribution made in the territorial matter.
The complainant can choose between:
- The Board where the worker’s contract was entered into.
- The Board of the defendant’s domicile.
- The Board of the place where the services were provided, if they were provided in several places, will be the Board of the last one.
In collective conflicts
In Federal jurisdiction, the Federal Conciliation and Arbitration Board, under the terms of the law in question article 606.
In Local jurisdiction, the corresponding to the place where the company or establishment is established.
When dealing with a syndicate registry’s cancelation will be the Board of the place where it was made.
For conflicts between employers and workers, will be the Board of the defendant’s domicile.
When the defendant is a syndicate, the Board of the syndicate’s domicile.
Conflicts resolution of competency between the Conciliation and Arbitration Boards
The Federal Conciliation and Arbitration Board’s President:
Has to decide the competency issues when they happen between the Special and Federal Board.
The Local Conciliation and Arbitration Board’s President
Has to decide the competency issues when they happen between the state’s Special Boards
The Federal Judicial Branch
- Has to decide the competency issues when they happen between
- Local or Federal Conciliation and Arbitration Boards, The Federal Conciliation and Arbitration Court
- Local Boards and Federal Conciliation and Arbitration Boards.
- Local Conciliation and Arbitration Boards of several states.
- Local or Federal Conciliation and Arbitration Boards and other Judicial Bodies.
To conclude, it’s important to point out that it will be useless everything made before the wrong Board, except for the lawsuit filing and what’s described in articles 704 and 928 section V of the law for this matter, or given the case when an agreement is entered into to put an end to the business, during the conciliation period.
