Dustin Michael H.

Garcia 3A
Title:
Arbitration as the Future of Dispute Settlement Mechanism in Issues concerning Labor Relations
Brief Topic Description:
This topic will delve into the idea that the employers and their employees should settle
their conflicts, misunderstanding, and issues through voluntary modes of dispute settlement,
particularly through arbitration, as preferred by the Sec. 3, Art. XIII of the 1987 Constitution. The
government authorities should restrict their participation in said dispute settlements by intervening
only when fair play and due process are not observed. The aim of this paper is to forward the
proposition of expanding the original and exclusive jurisdiction of voluntary arbitrator/s under the
Labor Code of the Philippines to include not only those concerning interpretation and application
of Collective Bargaining Agreement and Company Personnel Policies, but also all other issues
concerning labor relations between the employers and their employees.
Outline:
I. Introduction: The harmonious work environment is a continuous struggle between
employers and their employees.
A. The respective interests of the parties and points of conflict.
B. The different approaches in settling labor conflicts throughout the years.
II. Voluntary arbitration provides an alternative approach to dispute settlement in labor
relations.
A. The meaning of arbitration.
B. The history of arbitration in the Philippine legal landscape.
i. Constitutions
ii. Statutes and Presidential Decrees
iii. Department Orders and other Issuances of the Department of Labor and
Employment
C. Arbitration as resorted to in foreign jurisdictions.
D. The benefits and disadvantages of resorting to arbitration.
III. Current situation of arbitration as used in Philippine labor relations.
A. Statistics on the frequency of resorting to voluntary arbitration as opposed to other
dispute settlement mechanism.
B. Understanding the appeal of arbitration from the perspective of the employers and
employees.
IV. The need to expand the original and exclusive jurisdiction of voluntary arbitrator/s.
A. Understanding and analyzing the relationship between employers and employees
as economic and personal vis-à-vis the nature of arbitration.
B. The dual role of arbitrators: as a mediator between the parties pending the rendition
of a final and binding award as an arbitrator.
C. The principle of subsidiarity: unburdening the role of the government in its
involvement with labor issues.
V. Conclusion and Recommendations