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Kim Orven M.

Solon
JD-2
WRITTEN REPORT
Voluntary Arbitration

Defined as a contractual proceeding whereby the parties to any dispute, in


order to obtain a speedy and inexpensive final disposition of the matter,
select a judge of their own choice and by consent, submit their controversy to
him for determination
Before or at any state of the compulsory arbitration process, the parties may
opt to submit their dispute to voluntary arbitration.

Jurisdiction

All unresolved grievances arising from he interpretation or implementation of


the collective bargaining agreement after exhaustion of the grievance
procedure.
2) All unresolved grievance arising from the implementation or enforcement
of the grievance procedure.
Art. 260. Labor code
All grievances submitted to the grievance machinery which are not settled
within seven (7) calendar days from the date of its submission shall
automatically be referred to voluntary arbitration prescribed in the
Collective Bargaining Agreement.

Art. 261. Labor Code

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
hose 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.

Republic Act Nos. 6727 and 6971

all unresolved wage distortion cases as a result of the application of


wage order issued by any Regional Tripartite Wages and Productivity
Boards
all disputes, grievances or other matters arising from the interpretation
and implementation of productivity incentives program which remains
unresolved

Concurrent jurisdiction

Art. 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 practices and
bargaining deadlocks.

Guidelines

Where to file Voluntaray Arbitrators of his office


When Jurisdiction is Exercised. The voluntary arbitrator or panel of
arbitrators chosen by the parties shall exercise jurisdiction over specific
case/s upon receipt of a written Submission Agreement duly signed by both
parties.
Authority to Conciliate and Mediate.
Compulsory Powers. to require any person to attend hearing/s as a witness.
They shall have the power to subpoena witnesses and documents when the
relevancy of the testimony and the materiality thereof have been
demonstrated to the arbitrators.
Extent of Award. The Arbitrator/s shall have the power to decide only those
matters which have been submitted to arbitration. They may grant any
remedy or relief which they deem just and equitable and within the scope of
the submission agreement of the parties and shall include, but not limited to,
the specific performance of particular act or acts.
SECTION 6. Finality of Award of Decision. Awards or decisions of voluntary
arbitrator become final and executory after ten (10) calendar days from
receipt of copies of the award or decision by the parties.
Enforcement of Award. Both parties shall comply voluntarily and faithfully
with the award. In instances of noncompliance by either or both parties, a
motion to enforce/execute the award may be filed with the voluntary
arbitrator who may issue a writ of execution requiring either the sheriff of the
National Labor Relations Commission or the regular courts or any public
official whom the parties may designate in the submission agreement, to
execute the final decision or award.
In the absence of the voluntary arbitrator or in case of his incapacity, the
motion shall be filed with the Labor Arbiter in the region having jurisdiction
over the workplace. The filing of a motion for the issuance of writ of execution

is without prejudice to any other action the aggrieved party may take against
the non-complying party such as a petition for contempt or imposition of fines
and penalties.

DOLE Secretary and Regional Office


DOLE SECRETARY- Visitorial and Enforcement Power
Cover any fact, condition or matter related to the enforcement not only of the Labor
Code but of any Labor law.
Unlimited by the amount of monetary liability involved.
Department Order 131-13- Rules on Labor Laws Compliance System
Modes of Implementation
1. Joint Assessment
2. Compliance Assessment
3. Occupational Safety and Health Standard Investigation
Officers Involve

Secretary of Labor
Regional Director
Labor Law Compliance Officer

Joint assessment

Issuance of Checklist and Notice of Results and Certificate of Compliance

Compliance Visit

Notice of Results and Certificate of Compliance

Occupational Safety and Health Standard Investigation

Recommend to the establishment the necessary corrective action to


immediately abate the imminent danger/dangerous occurrence.
Notice of Results
Work Stoppage Order
Mandatory conference

Notice of finality

Writ of execution

Appeal- Memorandum of Appeal to Secretary furnished to other party within


10 days from receipt.
Grounds
Prima facie evidence of abuse of discretion on the part of the Regional
Director
Pure questions of law
Serious errors in the findings of facts were committed which, if not
corrected, would cause grace or irreparable damage or injury to the
appellant

Regional Office
Art. 129. Recovery of wages, simple money claims and other benefits.

Upon complaint of any interested party, to hear and decide any matter involving the recovery of
wages and other monetary claims and benefits, including legal interest, owing to an employee or
person employed in domestic or household service or househelper under this Code,

arising from employer-employee relations:

Provided, That such complaint does not include a claim for reinstatement:

Provided further, That the aggregate money claims of each employee or househelper does not
exceed Five thousand pesos (P5,000.00).

Any decision or resolution of the Regional Director or hearing officer pursuant to this provision
may be appealed on the same grounds provided in Article 223 of this Code, within five (5)
calendar days from receipt of a copy of said decision or resolution, to the National Labor
Relations Commission.

THE NLRC RULES OF PROCEDURE

GOVERNING ARBITRATION PROCEEDINGS BEFORE THE LABOR ARBITERS


AND THE COMMISSION

PLEADINGS, NOTICES AND APPEARANCES

COMPLAINT.

It shall be signed under oath and a declaration of non-forum shopping.

A party having more than one cause of action against the other party,
arising out of the same relationship, shall include all of them in one
complaint or petition.

FILING AND SERVICE OF PLEADINGS.


Regional Arbitration Branch or the Commission.

Pleadings filed through registered mail or courier.

Proof of service

SERVICE OF NOTICES, RESOLUTIONS, ORDERS AND DECISIONS.

Amendment courier authorized by the Commission


Copies to both parties and Counsel
Period to file an appeal starts from the receipt

APPEARANCES.

The lawyer shall indicate in his pleadings and motions his Attorneys Roll Number,
as well as his/her PTR and IBP numbers for the current year and MCLE compliance

A non-lawyer may appear only under the following conditions:

He is party to the case

He represents a legitimate labor organization. (Art. 212 and 242


of the Labor Code)

He represents a member or members of a legitimate labor


organization that is existing within the employers
establishment, who are parties to the case

He is a duly-accredited member of any legal aid office


recognized by the Department of Justice or Integrated Bar of the
Philippines.

He is the owner , president or any authorize person of a


corporation or establishment which is a party to the case

AUTHORITY TO BIND PARTY

. . .but they cannot, without a special power of attorney or express


consent, enter into a compromise agreement with the opposing party
in full or partial discharge of a client's claim.

VENUE, ASSIGNMENT AND DISPOSITION OF CASES

VENUE.

Regional Arbitration Branch having jurisdiction over the workplace of


the complainant or petitioner.

workplace place or locality

where the employee is regularly assigned at the time the cause


of action arose.

the place where the employee is supposed to report back after a


temporary detail, assignment, or travel.

In case of field employees, as well as ambulant or itinerant


workers, their workplace is where they are regularly assigned, or
where they are supposed to regularly receive their salaries and
wages or work instructions from, and report the results of their
assignment to, their employers.

Where two (2) or more Regional Arbitration Branches

When venue is not objected to before the first scheduled mandatory


conferences-waived

Change of Venue

Cases involving overseas Filipino workers

where the complainant resides or where the principal office of any of


the respondents is situated, at the option of the complainant.

RAFFLE AND ASSIGNMENT OF CASES.

Executive Labor Arbiter shall be responsible for the immediate


raffle and assignment of all complaints and petitions filed with
his/her Regional Arbitration Branch.

CONSOLIDATION OF CASES AND COMPLAINTS.

DISPOSITION OF CASES.

When the Secretary of Labor and Employment has assumed jurisdiction


over a strike or lockout or certified the same to the Commission, the
parties to such dispute shall immediately inform the Secretary or the
Commission,

PROCEEDINGS BEFORE LABOR ARBITERS

NATURE OF PROCEEDINGS.

The proceedings before the Labor Arbiter shall be

non-litigious in nature

the technicalities of law and procedure and the rules obtaining


in the courts of law shall not strictly apply thereto.

The Labor Arbiter may avail himself/herself of all reasonable


means to ascertain the facts of the controversy speedily,
including ocular inspection and examination of well-informed
persons.

ISSUANCE OF SUMMONS AND SERVICE OF SUMMONS

PROHIBITED PLEADINGS AND MOTIONS.

Motion to dismiss the complaint

Motion for a bill of particulars;

Motion for new trial;

Petition for Relief from Judgment

Motion to declare respondent in default;

Motion for reconsideration of any decision or any order of the Labor


Arbiter;

Appeal from any interlocutory order of the Labor Arbiter, such as but
not limited to, an order:

Any agreement entered into by the parties whether in partial or full


settlement of the dispute shall be reduced into writing and signed by
the parties and their counsel or the parties authorized representatives,
if any.

A compromise agreement duly entered into in accordance with this


Section shall be final and binding upon the parties and shall have the
force and effect of a judgment rendered by the Labor Arbiter.

EFFECT OF FAILURE OF SETTLEMENT.

NON-APPEARANCE OF PARTIES.

SUBMISSION OF POSITION PAPER AND REPLY.

No amendment of the complaint or petition shall be allowed after the


filing of position papers, unless with leave of the Labor Arbiter.

c) The position papers of the parties shall cover only those


claims and causes of action stated in the complaint or amended
complaint,

DETERMINATION OF NECESSITY OF HEARING OR CLARIFICATORY


CONFERENCE.

for the purpose of making such determination, ask clarificatory


questions to further elicit facts or information, including but not limited
to the subpoena of relevant documentary evidence, if any, from any
party or witness.

The Labor Arbiter shall make a written summary of the proceedings,


including the substance of the evidence presented, in consultation with
the parties. The written summary shall be signed by the parties and
shall form part of the records.

SUBMISSION OF THE CASE FOR DECISION.

INHIBITION.

A Labor Arbiter may voluntarily inhibit himself/herself from the


resolution of a case and shall so state in writing the legal justifications
therefor.

Upon motion of a party, either on the ground of relationship within the


fourth civil degree of consanguinity or affinity with the adverse party or
counsel

on question of partiality or other justifiable grounds,

CONTENTS OF DECISIONS.

a) facts of the case;

b) issues involved;

c) applicable laws or rules;

d) conclusions and the reasons therefor; and

e) specific remedy or relief granted. In cases involving monetary


awards, the decisions or orders of the Labor Arbiter shall contain the
amount awarded.

In case the decision of the Labor Arbiter includes an order of reinstatement, it shall
likewise contain: a) a statement that the reinstatement aspect is immediately
executory; and b) a directive for the employer to submit a report of compliance
within ten (10) calendar days from receipt of the said decision.

FINALITY OF THE DECISION OR ORDER AND ISSUANCE OF CERTIFICATE OF


FINALITY.

(a) Finality of the Decision or Order of the Labor Arbiter. - If no appeal is filed
with the Commission shall become final and executory after ten (10)
calendar days from receipt thereof by the counsel or authorized
representative or the parties if not assisted by counsel or representative.

Certificate of Finality.

REVIVAL AND RE-OPENING OR RE-FILING OF DISMISSED CASE and LIFTING OF


WAIVER.

APPEALS

PERIODS OF APPEAL.

Labor Arbiter - appealed to the Commission by any or both parties


within ten (10) calendar days from receipt thereof

Regional Director of the Department of Labor and Employment


pursuant to Article 129 of the Labor Code, within five (5)

No motion or request for extension of the period within which to


perfect an appeal shall be allowed.

SECTION 2. GROUNDS.

a) If there is prima facie evidence of abuse of discretion on the part of


the Labor Arbiter or Regional Director;

b) If the decision, award or order was secured through fraud or


coercion, including graft and corruption;

c) If made purely on questions of law; and/or

d) If serious errors in the findings of facts are raised which, if not


corrected, would cause grave or irreparable damage or injury to the
appellant.

WHERE FILED. - The appeal shall be filed with the Regional Arbitration Branch
or Regional Office where the case was heard and decided.

REQUISITES FOR PERFECTION OF APPEAL.

Filed on time

Personally verify

State the grounds, arguments, relief and date of receipt of decision,


award or order

3 copies

Proof of payment-appeal fee and legal research fee

Posting of cash or surety bond

Proof of service

The appellee may file with the Regional Arbitration Branch or Regional
Office where the appeal was filed, his/her answer or reply to
appellant's memorandum of appeal, not later than ten (10) calendar
days from receipt thereof.

BOND

In case the decision of the Labor Arbiter or the Regional Director


involves a monetary award, an appeal by the employer may be
perfected only upon the posting of a bond, which shall either be in the
form of cash deposit or surety bond equivalent in amount to the
monetary award, exclusive of damages and attorneys fees.

In case of surety bond, the same shall be issued by a reputable


bonding company duly accredited by the Commission or the Supreme
Court, and shall be accompanied by original or certified true copies of
the following:

FILING OF APPEAL; EFFECT.

once an appeal is filed, the Labor Arbiter loses jurisdiction over the
case. All pleadings and motions pertaining to the appealed case shall
thereafter be addressed to and filed with the Commission.

FRIVOLOUS OR DILATORY APPEALS. - No appeal from an interlocutory order


shall be entertained. To discourage frivolous or dilatory appeals, including
those taken from interlocutory orders, the Commission after hearing may
censure or cite in contempt the erring parties and their counsels, or subject
them to reasonable fine or penalty.