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IN ORGANIZED AND UNORGANIZED
       ESTABLISHMENTS
Grievance
any question by either the employer or the union
regarding the
  1) implementation or interpretation of the CBA or
     (i.e. Salary increase per year)
  2) implementation or enforcement of company
     personnel policies (i.e. disciplinary actions)
    or any claim by either party that the other party
    is violating any provision of the CBA or company
    personnel policies
Grievance
If the term grievance is to be applied in a
generic sense, it would mean any dispute or
controversy respecting terms and conditions of
employment which an employee or group of
employees may present to the employer, even
without a CBA.
Labor Disputes
any controversy or matter concerning terms or conditions of
employment or the association or representation of persons in
negotiating fixing, maintaining, changing or arranging the
terms and conditions of employment, regardless or whether the
disputants stand in the proximate relation of employer and
employee as stated in Art 212.
The kinds of labor disputes are
1.compensation                    6.bargaining disputes
2.benefits                        7.contract administration or
3.working conditions                personnel policy disputes
4.organizational right dispute    8.employment tenure
5.representation disputes           disputes.
Labor Arbitration
Is the reference of a labor dispute to a third
party for determination on the basis of
evidence and arguments presented by such
parties, who are bound to accept the decision
      -voluntary arbitration
      -compulsory arbitration
Grievance and arbitration & ulp in l.o.final
Compulsory Arbitration
Is the process of settlement of labor disputes by a
government agency which has the authority to
investigate and make an award which is binding
on all the parties.
Compulsory arbitration is done primarily by the
labor arbiters of the NLRC.
Grievance Procedure for Employees of
Unorganised Establishments:
              Aggrieved Employee


                 Labor Arbiter
              Regional Arbitration      Hears & decides the case
                   Branch

             National Labor Relations
                   Commission           Appellate Jurisdiction


                Court of Appeals


                 Supreme Court
Article 217:Jurisdiction of Labor Arbiters
       and the Commission

a)   Except as otherwise provided under this Code.
     The labor Arbiters shall have original and
     exclusive jurisdiction to hear and decide within
     thirty (30) calendar days after the submission of
     the case by the parties for decision without
     extension, even in the absence of stenographic
     notes, the following cases involving all workers,
     whether agricultural or non-agricultural:
GRIEVANCE ARBITRATION IN UNORGANIZED
            ESTABLISHMENTS

Cases falling under the original & exclusive
jurisdiction of the Labor Arbiter:
  1. Unfair labor practice cases
  2. Termination disputes
  3. If accompanied with a claim for reinstatement,
     those cases that workers may file involving
     wages, rates of pay, hours of work and other
     terms and conditions of employment
  4. Claims for actual, moral, exemplary and other
     forms of damages arising from the employer-
     employee relations.
  5. Cases arising from any violation of Article 264
     of this code, including questions involving the
     legality of strike and lockouts;
Cases falling under the original & exclusive
jurisdiction of the Labor Arbiter:
  6. Except for claims for Social Security,
     Medicare and maternity benefits, all other
     claims, arising from employer-employee
     relations, including those of persons in
     domestic or household service, involving
     an amount exceeding five thousand pesos
     (5000.00) regardless of whether
     accompanied with a claim for
     reinstatement.
Article 217:Jurisdiction of Labor Arbiters and the
    Commission
b) The commission shall have exclusive appellate
   jurisdiction over all cases decided by Labor
   Arbiters:
c) Cases arising from the interpretation of
   collective bargaining agreements and those
   arising from the interpretation or enforcement of
   company personnel policies shall be disposed
   of by the Labor Arbiter by referring the same to
   the grievance machinery and voluntary
   arbitration as may be provided in said
   agreements.
OTHER POINTS
   The cases the labor arbiter can hear and decide are
    employment-related. Employment is the one element
    that runs through all the cases and disputes
    enumerated in ART 217.
   This gives the impression that none but a labor arbiter
    can hear and decide the six categories of cases
    listed. However, any or all of these cases can, by
    agreement of the parties, be presented to and
    decided with finality by a voluntary arbitrator or panel
    of voluntary arbitrators.
Unfair Labor Practice
   The essence of unfair labor practice is any act
    intended or directed to weaken or defeat the
    worker’s right to self-organize or to engage in
    unlawful concerted activities and includes the
    right to bargain collectively.

Labor Arbiter’s Jurisdiction over
Violation of CBA
   Gross violations of the CBA is considered ULP.
    However, there is an exception as explained in Art
    261. if violation is not gross, it is not ULP.
Termination Disputes
    The usual bone of contention is the legality of
     dismissal. Its resolution depends on the validity of the
     cause and the manner of the employee’s dismissal.
    In termination dispute, although the labor arbiter has
     jurisdiction thereover, in the case of Atlas vs. NLRC, the
     supreme court said that where the dispute is just in the
     interpretation, implementation or enforcement stage,
     it may be referred to the grievance machinery set up
     in the CBA, or brought to voluntary arbitration. But
     where there was already actual termination, with
     alleged violation of the employee rights, it is already
     cognizable by the labor arbiter.
Reinstatement
    Is the restoration of the employee who was unjustly
     dismissed to the position from which he was removed

    Money Claims
    If it is arising from employer-employee relations,
     excepting SSS,ECC, PH claims, it is within the
     jurisdiction of the labor arbiter
Grievance and arbitration & ulp in l.o.final
Article 260: Grievance Arbitration in
Organized Establishments
The parties to a Collective Bargaining Agreement shall
include therein provision that will ensure the mutual
observance of its terms and conditions. They shall establish a
machinery for the adjustment and resolution of grievances
arising from the interpretation or implementation of their
Collective Bargaining Agreement and those arising from the
interpretation or enforcement of company personnel policies.
All grievances submitted to the grievance machinery which
are not settled within seven calendar days from the date of its
submission shall automatically be referred to voluntary
arbitration prescribed in the Collective Bargaining
Agreement.
Article 260
For this purpose, parties to a Collective Bargaining Agreement
shall name and designate in advance a Voluntary Arbitrator or
panel of Voluntary Arbitrators, or include in the agreement a
procedure for the selection of such Voluntary Arbitrators or
panel of Voluntary Arbitrators, preferably from the listing of
qualified Voluntary Arbitrators duly accredited by the Board.
In case the parties fail to select voluntary Arbitrator or panel of
Voluntary Arbitrators, the Board shall designate the voluntary
Arbitrator or panel of voluntary Arbitrators, as may be
necessary, pursuant to the selection procedure agreed upon in
the collective Bargaining Agreement, which shall act with the
same force and effect as if the Arbitrator or panel of
Arbitrators has been selected by the parties as described above.
Grievance Machinery
Is part of the continuing process of collective
bargaining. It refers to the mechanism for the
adjustment and resolution of grievances arising from
the interpretation or implementation of a CBA and
those arising from the interpretation or enforcement of
company personnel policies.

Grievance Procedure
Consists of internal rules of procedures such as the
successive steps starting at the level of the
complainant and his immediate supervisors and
ending, when necessary at the level of the top union
and company officials.
JURISDICTION OF GRIEVANCE MACHINERY IN CBA

 Cases falling under the Grievance Machinery are
 all grievances arising from the
   –Implementation or interpretation of the
   collective bargaining agreement and/or
   –Interpretation and enforcement of company
   personnel policies
Collective Bargaining Agreement
      A collective agreement that intends to stabilize
      employment relations for a period of time with
      results advantageous both to the employees and
      the employer
Personnel Policies
      Are guiding principles that are broad and long
      range terms that express the philosophy or beliefs
      of organization's top authority regarding personnel
      matters.
      Example: promotion policies, transfer policies not
      expressed in the CBA, disciplinary actions
Purpose of the Grievance Procedure
Since it is a continuous process of collective
bargaining, it intends to promote a friendly
dialogue between employees and employers as a
means to maintaining industrial peace
Grievance machinery under the CBA, is the very
heart of industrial self government
Consequence to Non Adherence to The
Grievance Procedure
 Refusal or failure to do so is unfair labor
 practice, because the grievance
 procedure is part of the continuous
 process of the CBA.
Grievance Machinery Structure & Procedure
The grievance committee shall have representatives
from members of the bargaining unit & the employee,
unless otherwise agreed upon by the parties
In the absence of a specific provision in the CBA or
existing company practice the following shall apply
1.)Employee shall present his grievance or complaint
orally or in writing to the shop steward
2.) Upon receipt thereof, the shop steward shall verify
the facts and determine whether or not the grievance is
valid
Grievance Machinery Structure & Procedure
3.)If grievance is valid, the shop steward shall
immediately bring the complaint to the employee's
immediate supervisor. The shop steward, the
supervisor, and the employee shall exert efforts to
settle the grievance.
4.)If no settlement is reached, the grievance shall be
referred to the grievance committee which shall have
ten days to decide the case.
Grievance Machinery Structure & Procedure
Where the grievance remains unresolved, either party
may serve notice upon the other of its decision to submit
the issue to voluntary arbitration.
Grievance Procedure for Employees
of Organised Establishments:
            Aggrieved Employee

                                       Verify facts and determine
               Shop Steward            whether or not grievance
                                       is valid

            Grievance Committee
                          Parties have freely chosen V.A. as
                                         mode of settlement
            Voluntary Arbitration


              Court of Appeals


              Supreme Court
Voluntary Arbitration
Refers to the mode of settling labor management
disputes by which the parties select a competent,
trained and impartial third person who shall decide
on the merits of the case and whose decision is final
and executory.
referral of a dispute to voluntary arbitration is pursuant
to a voluntary arbitration clause in the collective
bargaining agreement.
Voluntary Arbitration: A private
                       judicial system
A contractual proceeding whereby the parties to
any dispute or controversy, in order to
-obtain a speedy and inexpensive final disposition of
the matter involved,
-Select a judge of their own choice who is an
impartial third person
-And by consent submit their controversy to him for a
final and binding resolution
Voluntary Arbitration as a Master Procedure
 Any and all kinds of labor disputes may be submitted
 to, settled, or resolved through voluntary arbitration,
 if the parties so desire.
 As a master procedure, V.A. takes precedence over
 other dispute settlement devices.
 Ex. When a labor arbiter is presented with a case
 under his “original and exclusive”jurisdiction, the
 parties may withdraw it from him, not matter what
 stage it may be, if the parties mutually decide to
 bring the dispute instead to voluntary arbitration.
The primary function of voluntary
               arbitrator
1.provide a process for the orderly disposition of
disputes
2.Provide foundation for stable labor-management
relations

Is not a public tribunal imposed upon the parties by a
superior authority which the parties are obliged to
accept.He is rather part of a system of self
government created by and confined to the parties.
Who May Be Accredited as Voluntary Arbitrator?
 List of accredited voluntary arbitrators of the National
 Conciliation and Mediation Board which consists of persons
 mostly engaged in full-time work as employees or officials in
 the Gov’t or in education, civic and religious institutions,
 trade union organizations and private enterprises. Most are
 members of the Philippine Association on Voluntary
 Arbitration (PAVA).
 Following criteria for accreditation
 1.A Filipino citizen residing in the Philippines
 2.A holder of a Bachelor’s degree in any field of behavioral
 or applied sciences or equivalent educational trainings
 short of a Bachelor’s degree
Who May Be Accredited as Voluntary Arbitrator?
 3.At least 5 years experience in labor-management
 relations
 4.Completion of a training course on voluntary
 arbitration conducted by the Board; and
 5.A person of good moral character, noted for
 impartially, probity, and has not been civilly, criminally
 and administratively adjudged guilty of any offense
 involving moral turpitude as evidenced by a duly sworn
 notice.
How Voluntary Arbitrator is Chosen
MUTUAL AGRREEMENT BY THE PARTIES. Chosen by the parties
themselves. Their choice is not limited to the arbitrators
accredited by the NCMB, although Art. 260 says they should
preferably choose the accredited ones.
Choice is usually influenced by the person’s fairness and
knowledgeability of the dynamics, including law, of labor-
management relations.
Parties may choose between the use of temporary and
permanent arbitrator.
   •Temporary is selected when dispute is already at hand
   •Permanent is one who is selected before dispute arisis
Article 261     JURISDICTION OF VOLUNTARY
       ARBITRATORS OR PANEL OF VOLUNTARY
                              ARBITRATORS
The Voluntary Arbitrator or panel of Voluntary Arbitrators
shall have original and exclusive jurisdiction to hear and
decide all unresolved grievances arising from the
interpretation or implementation of the Collective
Bargaining Agreement and those arising from the
interpretation or enforcement of company personnel
policies referred to in the immediately preceding article.
Accordingly, violations of a Collective Bargaining
Agreement, except those which are gross in character,
shall no longer be treated as unfair labor practice and
shall be resolved as grievances under the Collective
Bargaining Agreement. For purposes of this article, gross
violations of Collective Bargaining Agreement shall mean
flagrant and/or malicious refusal to comply with the
economic provisions of such agreement.
Article 262
JURISDICTION OVER OTHER LABOR DISPUTES

The Voluntary Arbitrator or panel of Voluntary
Arbitrators upon agreement of the parties, shall
also hear and decide all other labor disputes
including unfair labor practice and bargaining
deadlocks.
Jurisdiction of Voluntary Arbitrator
The cases falling under the exclusive and original
   jurisdiction of the Voluntary Arbitrator or panel of
   Voluntary Arbitrators
1.)all unresolved grievances arising from the interpretation
   or implementation of the Collective Bargaining
   Agreement and those
2.)all unresolved grievances arising from the interpretation
   or enforcement of company personnel policies
3.)all other labor disputes including unfair labor practice
   and bargaining deadlocks, upon agreement of the
   parties
Jurisdiction of Voluntary Arbitrator
-    Violations of the CBA, however if the violations are not
     “gross” in character, these are to be treated as ULP.,
     which following Art 217 are to be heard and decided
     by a labor arbiter.
-    Regarding dismissal of employees, as ruled by the
     Supreme court in SMC vs. NLRC (3/15/1996), an
     employee dismissal dispute may be submitted by the
     parties to voluntary arbitration, but in the absence of
     such agreement in clear and unequivocal language,
     the dispute should be lodged with a labor arbiter.
Limitations of Voluntary Arbitrator
-    The power and authority of arbitrators in labor dispute
     cases is derived from and limited by the terms of the
     parties’ agreement. It is the arbitrator’s duty with
     respect to the CBA, is to settle       disputes arising
     thereunder by applying and interpreting that
     agreement.

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Grievance and arbitration & ulp in l.o.final

  • 1. IN ORGANIZED AND UNORGANIZED ESTABLISHMENTS
  • 2. Grievance any question by either the employer or the union regarding the 1) implementation or interpretation of the CBA or (i.e. Salary increase per year) 2) implementation or enforcement of company personnel policies (i.e. disciplinary actions) or any claim by either party that the other party is violating any provision of the CBA or company personnel policies
  • 3. Grievance If the term grievance is to be applied in a generic sense, it would mean any dispute or controversy respecting terms and conditions of employment which an employee or group of employees may present to the employer, even without a CBA.
  • 4. Labor Disputes any controversy or matter concerning terms or conditions of employment or the association or representation of persons in negotiating fixing, maintaining, changing or arranging the terms and conditions of employment, regardless or whether the disputants stand in the proximate relation of employer and employee as stated in Art 212. The kinds of labor disputes are 1.compensation 6.bargaining disputes 2.benefits 7.contract administration or 3.working conditions personnel policy disputes 4.organizational right dispute 8.employment tenure 5.representation disputes disputes.
  • 5. Labor Arbitration Is the reference of a labor dispute to a third party for determination on the basis of evidence and arguments presented by such parties, who are bound to accept the decision -voluntary arbitration -compulsory arbitration
  • 7. Compulsory Arbitration Is the process of settlement of labor disputes by a government agency which has the authority to investigate and make an award which is binding on all the parties. Compulsory arbitration is done primarily by the labor arbiters of the NLRC.
  • 8. Grievance Procedure for Employees of Unorganised Establishments: Aggrieved Employee Labor Arbiter Regional Arbitration Hears & decides the case Branch National Labor Relations Commission Appellate Jurisdiction Court of Appeals Supreme Court
  • 9. Article 217:Jurisdiction of Labor Arbiters and the Commission a) Except as otherwise provided under this Code. The labor Arbiters shall have original and exclusive jurisdiction to hear and decide within thirty (30) calendar days after the submission of the case by the parties for decision without extension, even in the absence of stenographic notes, the following cases involving all workers, whether agricultural or non-agricultural:
  • 10. GRIEVANCE ARBITRATION IN UNORGANIZED ESTABLISHMENTS Cases falling under the original & exclusive jurisdiction of the Labor Arbiter: 1. Unfair labor practice cases 2. Termination disputes 3. If accompanied with a claim for reinstatement, those cases that workers may file involving wages, rates of pay, hours of work and other terms and conditions of employment 4. Claims for actual, moral, exemplary and other forms of damages arising from the employer- employee relations. 5. Cases arising from any violation of Article 264 of this code, including questions involving the legality of strike and lockouts;
  • 11. Cases falling under the original & exclusive jurisdiction of the Labor Arbiter: 6. Except for claims for Social Security, Medicare and maternity benefits, all other claims, arising from employer-employee relations, including those of persons in domestic or household service, involving an amount exceeding five thousand pesos (5000.00) regardless of whether accompanied with a claim for reinstatement.
  • 12. Article 217:Jurisdiction of Labor Arbiters and the Commission b) The commission shall have exclusive appellate jurisdiction over all cases decided by Labor Arbiters: c) Cases arising from the interpretation of collective bargaining agreements and those arising from the interpretation or enforcement of company personnel policies shall be disposed of by the Labor Arbiter by referring the same to the grievance machinery and voluntary arbitration as may be provided in said agreements.
  • 13. OTHER POINTS  The cases the labor arbiter can hear and decide are employment-related. Employment is the one element that runs through all the cases and disputes enumerated in ART 217.  This gives the impression that none but a labor arbiter can hear and decide the six categories of cases listed. However, any or all of these cases can, by agreement of the parties, be presented to and decided with finality by a voluntary arbitrator or panel of voluntary arbitrators.
  • 14. Unfair Labor Practice  The essence of unfair labor practice is any act intended or directed to weaken or defeat the worker’s right to self-organize or to engage in unlawful concerted activities and includes the right to bargain collectively. Labor Arbiter’s Jurisdiction over Violation of CBA  Gross violations of the CBA is considered ULP. However, there is an exception as explained in Art 261. if violation is not gross, it is not ULP.
  • 15. Termination Disputes  The usual bone of contention is the legality of dismissal. Its resolution depends on the validity of the cause and the manner of the employee’s dismissal.  In termination dispute, although the labor arbiter has jurisdiction thereover, in the case of Atlas vs. NLRC, the supreme court said that where the dispute is just in the interpretation, implementation or enforcement stage, it may be referred to the grievance machinery set up in the CBA, or brought to voluntary arbitration. But where there was already actual termination, with alleged violation of the employee rights, it is already cognizable by the labor arbiter.
  • 16. Reinstatement  Is the restoration of the employee who was unjustly dismissed to the position from which he was removed Money Claims  If it is arising from employer-employee relations, excepting SSS,ECC, PH claims, it is within the jurisdiction of the labor arbiter
  • 18. Article 260: Grievance Arbitration in Organized Establishments The parties to a Collective Bargaining Agreement shall include therein provision that will ensure the mutual observance of its terms and conditions. They shall establish a machinery for the adjustment and resolution of grievances arising from the interpretation or implementation of their Collective Bargaining Agreement and those arising from the interpretation or enforcement of company personnel policies. All grievances submitted to the grievance machinery which are not settled within seven calendar days from the date of its submission shall automatically be referred to voluntary arbitration prescribed in the Collective Bargaining Agreement.
  • 19. Article 260 For this purpose, parties to a Collective Bargaining Agreement shall name and designate in advance a Voluntary Arbitrator or panel of Voluntary Arbitrators, or include in the agreement a procedure for the selection of such Voluntary Arbitrators or panel of Voluntary Arbitrators, preferably from the listing of qualified Voluntary Arbitrators duly accredited by the Board. In case the parties fail to select voluntary Arbitrator or panel of Voluntary Arbitrators, the Board shall designate the voluntary Arbitrator or panel of voluntary Arbitrators, as may be necessary, pursuant to the selection procedure agreed upon in the collective Bargaining Agreement, which shall act with the same force and effect as if the Arbitrator or panel of Arbitrators has been selected by the parties as described above.
  • 20. Grievance Machinery Is part of the continuing process of collective bargaining. It refers to the mechanism for the adjustment and resolution of grievances arising from the interpretation or implementation of a CBA and those arising from the interpretation or enforcement of company personnel policies. Grievance Procedure Consists of internal rules of procedures such as the successive steps starting at the level of the complainant and his immediate supervisors and ending, when necessary at the level of the top union and company officials.
  • 21. JURISDICTION OF GRIEVANCE MACHINERY IN CBA Cases falling under the Grievance Machinery are all grievances arising from the –Implementation or interpretation of the collective bargaining agreement and/or –Interpretation and enforcement of company personnel policies
  • 22. Collective Bargaining Agreement A collective agreement that intends to stabilize employment relations for a period of time with results advantageous both to the employees and the employer Personnel Policies Are guiding principles that are broad and long range terms that express the philosophy or beliefs of organization's top authority regarding personnel matters. Example: promotion policies, transfer policies not expressed in the CBA, disciplinary actions
  • 23. Purpose of the Grievance Procedure Since it is a continuous process of collective bargaining, it intends to promote a friendly dialogue between employees and employers as a means to maintaining industrial peace Grievance machinery under the CBA, is the very heart of industrial self government
  • 24. Consequence to Non Adherence to The Grievance Procedure Refusal or failure to do so is unfair labor practice, because the grievance procedure is part of the continuous process of the CBA.
  • 25. Grievance Machinery Structure & Procedure The grievance committee shall have representatives from members of the bargaining unit & the employee, unless otherwise agreed upon by the parties In the absence of a specific provision in the CBA or existing company practice the following shall apply 1.)Employee shall present his grievance or complaint orally or in writing to the shop steward 2.) Upon receipt thereof, the shop steward shall verify the facts and determine whether or not the grievance is valid
  • 26. Grievance Machinery Structure & Procedure 3.)If grievance is valid, the shop steward shall immediately bring the complaint to the employee's immediate supervisor. The shop steward, the supervisor, and the employee shall exert efforts to settle the grievance. 4.)If no settlement is reached, the grievance shall be referred to the grievance committee which shall have ten days to decide the case.
  • 27. Grievance Machinery Structure & Procedure Where the grievance remains unresolved, either party may serve notice upon the other of its decision to submit the issue to voluntary arbitration.
  • 28. Grievance Procedure for Employees of Organised Establishments: Aggrieved Employee Verify facts and determine Shop Steward whether or not grievance is valid Grievance Committee Parties have freely chosen V.A. as mode of settlement Voluntary Arbitration Court of Appeals Supreme Court
  • 29. Voluntary Arbitration Refers to the mode of settling labor management disputes by which the parties select a competent, trained and impartial third person who shall decide on the merits of the case and whose decision is final and executory. referral of a dispute to voluntary arbitration is pursuant to a voluntary arbitration clause in the collective bargaining agreement.
  • 30. Voluntary Arbitration: A private judicial system A contractual proceeding whereby the parties to any dispute or controversy, in order to -obtain a speedy and inexpensive final disposition of the matter involved, -Select a judge of their own choice who is an impartial third person -And by consent submit their controversy to him for a final and binding resolution
  • 31. Voluntary Arbitration as a Master Procedure Any and all kinds of labor disputes may be submitted to, settled, or resolved through voluntary arbitration, if the parties so desire. As a master procedure, V.A. takes precedence over other dispute settlement devices. Ex. When a labor arbiter is presented with a case under his “original and exclusive”jurisdiction, the parties may withdraw it from him, not matter what stage it may be, if the parties mutually decide to bring the dispute instead to voluntary arbitration.
  • 32. The primary function of voluntary arbitrator 1.provide a process for the orderly disposition of disputes 2.Provide foundation for stable labor-management relations Is not a public tribunal imposed upon the parties by a superior authority which the parties are obliged to accept.He is rather part of a system of self government created by and confined to the parties.
  • 33. Who May Be Accredited as Voluntary Arbitrator? List of accredited voluntary arbitrators of the National Conciliation and Mediation Board which consists of persons mostly engaged in full-time work as employees or officials in the Gov’t or in education, civic and religious institutions, trade union organizations and private enterprises. Most are members of the Philippine Association on Voluntary Arbitration (PAVA). Following criteria for accreditation 1.A Filipino citizen residing in the Philippines 2.A holder of a Bachelor’s degree in any field of behavioral or applied sciences or equivalent educational trainings short of a Bachelor’s degree
  • 34. Who May Be Accredited as Voluntary Arbitrator? 3.At least 5 years experience in labor-management relations 4.Completion of a training course on voluntary arbitration conducted by the Board; and 5.A person of good moral character, noted for impartially, probity, and has not been civilly, criminally and administratively adjudged guilty of any offense involving moral turpitude as evidenced by a duly sworn notice.
  • 35. How Voluntary Arbitrator is Chosen MUTUAL AGRREEMENT BY THE PARTIES. Chosen by the parties themselves. Their choice is not limited to the arbitrators accredited by the NCMB, although Art. 260 says they should preferably choose the accredited ones. Choice is usually influenced by the person’s fairness and knowledgeability of the dynamics, including law, of labor- management relations. Parties may choose between the use of temporary and permanent arbitrator. •Temporary is selected when dispute is already at hand •Permanent is one who is selected before dispute arisis
  • 36. Article 261 JURISDICTION OF VOLUNTARY ARBITRATORS OR PANEL OF VOLUNTARY ARBITRATORS The Voluntary Arbitrator or panel of Voluntary Arbitrators shall have original and exclusive jurisdiction to hear and decide all unresolved grievances arising from the interpretation or implementation of the Collective Bargaining Agreement and those arising from the interpretation or enforcement of company personnel policies referred to in the immediately preceding article. Accordingly, violations of a Collective Bargaining Agreement, except those which are gross in character, shall no longer be treated as unfair labor practice and shall be resolved as grievances under the Collective Bargaining Agreement. For purposes of this article, gross violations of Collective Bargaining Agreement shall mean flagrant and/or malicious refusal to comply with the economic provisions of such agreement.
  • 37. Article 262 JURISDICTION OVER OTHER LABOR DISPUTES The Voluntary Arbitrator or panel of Voluntary Arbitrators upon agreement of the parties, shall also hear and decide all other labor disputes including unfair labor practice and bargaining deadlocks.
  • 38. Jurisdiction of Voluntary Arbitrator The cases falling under the exclusive and original jurisdiction of the Voluntary Arbitrator or panel of Voluntary Arbitrators 1.)all unresolved grievances arising from the interpretation or implementation of the Collective Bargaining Agreement and those 2.)all unresolved grievances arising from the interpretation or enforcement of company personnel policies 3.)all other labor disputes including unfair labor practice and bargaining deadlocks, upon agreement of the parties
  • 39. Jurisdiction of Voluntary Arbitrator - Violations of the CBA, however if the violations are not “gross” in character, these are to be treated as ULP., which following Art 217 are to be heard and decided by a labor arbiter. - Regarding dismissal of employees, as ruled by the Supreme court in SMC vs. NLRC (3/15/1996), an employee dismissal dispute may be submitted by the parties to voluntary arbitration, but in the absence of such agreement in clear and unequivocal language, the dispute should be lodged with a labor arbiter.
  • 40. Limitations of Voluntary Arbitrator - The power and authority of arbitrators in labor dispute cases is derived from and limited by the terms of the parties’ agreement. It is the arbitrator’s duty with respect to the CBA, is to settle disputes arising thereunder by applying and interpreting that agreement.