FLAVAS OPERATIONALIZATION

OFFICE ORDER NO. 14

Series of 1997

To ensure uniform implementation of the Free Legal Aid and Voluntary Arbitration Services Program, the following guidelines are hereby being issued for the guidance of all concerned.

OPERATIONALIZATION OF THE FLAVAS

For FLAVAS to become operational in the region. Memorandum of Agreement should be entered with by the concerned Regional Director with local association of accredited voluntary arbitrators and the parties’ advocates from the ranks of law schools in the region with legal aid program duly accredited by the Supreme Court. Should there be no law school in the region with accredited legal aid program, the region can coordinate with the local IBP Chapter or Public Attorney’s Office. (attached is a sample of a MOA on FLAVAS for your guide).

II. PURPOSE OF THE FLAVAS

1. To promote the use and acceptance of voluntary arbitration as the preferred mode of labor dispute resolution and as better alternative than the usual protracted litigation that characterizes the labor dispute settlement machinery.

To provide Free Legal Aid and Voluntary Arbitration Service to workers in the organized and unorganized establishments as well as unions which are in the organizational stage who have unresolved grievances and complaints arising from employer-employee relations and do not have necessary funds to pay the cost of voluntary arbitration proceedings including the Voluntary Arbitrator’s fees.

To provide adequate legal representation of needy clients with the support and assistance of Voluntary Arbitration Advocates.

III. STRUCTURE:

To implement the FLAVAS in the region, a Secretariat headed by the Branch Director shall be created composed of the technical staff as members with administrative support from the clerical staff.

The Functions of the Secretariat are as follows:

To coordinate with the Public Assistance and Complaints Units of the DOLE’s Bureaus and offices, Branches, Units and these of Attached Agencies and brief them on the availability of the FLAVAS for cases and complaints which have to be decided on the merits and which they can refer to voluntary arbitration;

To interview and develop profile of the party or parties to cases for purposes of determining if they can avail of the Free Legal Aid and Voluntary Arbitration Service;

To facilitate the identification of issues to be submitted to voluntary arbitration, the relief to be sought and the execution by the parties of the Joint Submission Agreement;

To facilitate the selection/designation of the voluntary Arbitration advocates who will represent the concerned worker/s or union and Accredited Voluntary Arbitrator from the list of members of local AVA’s Association who will hear and decide the case;

To coordinate the effective and efficient implementation and monitoring of the Memorandum of Agreement including the setting up of appropriate system and standard operating procedures; and

To process and pay the subsidy approved for FLAVAS program per TVAAC Resolution No. 3 Series of 1997 to local AVA Association, the concerned Voluntary Arbitrator, and the Legal Aid Office who handled the case.

IV. OPERATING PROCEDURES

1. A complaint or request for assistance whether filed personally or in writing, or indorsed/referred by other government agencies, non-government organizations, local government units and the offices of the mass media, shall be immediately recorded/docketed by the Receiving Officer who shall cause its entry in a logbook provided for this purpose. The entry should indicate the date of filing, name and address of complaint/s or parties requesting assistance, nature and subject of the complaint or request.

2. If the complaint or request for assistance is filed verbally, it shall be reduced in writing by the Technical Staff. For this purpose, FLAVAS Form No. I shall be used.

3. After entry in the logbook, the complaint or request shall be immediately assigned by the Chairman to a Technical Staff who shall forthwith act on the same. The FLAVAS Form No. 2 (Referral Slip) shall be used.

4. The Technical Staff assigned to process the complaint or request for assistance shall immediately call the parties to a conference and determine if the issue/s involve interpretation or implementation of the CBA provision, interpretation or enforcement of company personnel policies, wage distortions, unfair labor practices, money claims termination/dismissals.

5. The Technical Staff Assigned shall exert best efforts to effect a voluntary settlement. In the absence of a settlement, he shall encourage and convince the parties to submit their dispute to voluntary arbitration.

6. The Technical Staff Assigned shall facilitate and assist the parties in the identification of issue/s to be arbitrated; determination of specific remedy to be sought; execution of Submission Agreement; selection and appointment of the Voluntary Arbitrator or Panel of Voluntary Arbitrators and referral of the case to the participating Legis.

7. After having completed this process, the Technical Staff concerned thru the Secretariat shall immediately forward the case to the chosen voluntary Arbitrator or Panel of Voluntary Arbitrators.

8. The Secretarial shall coordinate with the participating Schools, IBP or PAO Local Chapter.

9. The Secretariat shall submit a report of its operations to the NCMB Executive Director, furnished the local AVA Association on the disposition of complaints and request for assistance, indicating the nature of the same, action taken and results achieved, and period within which disposition was accomplished. For purposes of reporting FLAVAS Form No. 3 shall be used.

10. All parties involved in the Project are expected to exercise UTMOST TACT AND COURTESY in the handling of a complaint or request for assistance. Equally important is the fair and expeditious disposition of such complaint and request.

These guidelines shall take effect immediately.

Manila, Philippines February 1997.

ROSALINDA D. BALDOZ

Executive Director IV