Republic
of the Philippines
Department
of Labor and Employment
National Conciliation and Mediation Board
TRIPARTITE VOLUNTARY
ARBITRATION ADVISORY COUNCIL
Ground
Floor, DOLE Building, Intramuros, Manila
REVISED GUIDELINES IN THE ACCREDITATION AND
DE-LISTING OF VOLUNTARY ARBITRATORS
1.
Nature
of Accreditation
Accreditation of an individual as voluntary arbitrator shall be subject to the condition that he/she meets all the qualifications prescribed by the NCMB for accreditation. If found qualified, accreditation which is renewable every five (5) years shall be granted.
1.
Minimum Criteria
To qualify as an Accredited Voluntary Arbitrator, a person must possess the minimum criteria for accreditation, as follows:
1.1
He/she must be a Filipino citizen
residing in the
Philippines.
1.2 He/she must be a holder of at least a Bachelor’s degree preferably relevant to Labor and Social Relations, Economics and related fields of study.
1.3
He/she must have at least five (5)
years experience in the field of Labor-Management relations.
1.4
He/she has no pending criminal case
involving moral turpitude.
2.
Supporting Documents
Applicants
shall submit a letter with the NCMB or any of its Regional Branches, together
with:
2.1
An updated bio-data.
2.2
Two (2) copies of “2 x 2” black and
white picture.
2.3
Photocopy of Diploma or Certificate of
Graduation from Baccalaureate Degree or Photocopy of License if Lawyer, CPA or
other Board Professionals.
2.4
Certificate of Employment from present
employer (if applicable).
2.5
Affidavit stating that applicant has no
pending criminal case involving moral turpitude.
2.6
Three (3) character references.
3.
Training Requirements
An
applicant who possesses the minimum qualifications will be required to undergo
a pre-accreditation training program to equip him with the basic knowledge,
skills and value orientation necessary to perform the responsibilities and
functions of an accredited voluntary arbitrator. The training program shall be designed
jointly by the NCMB with the Philippine Association on Voluntary Arbitration,
Inc. (PAVA).
For
prospective arbitrators who have adequate experience and exposure in the field
of arbitration and labor-management relations, they shall be required only to
attend a briefing/orientation in lieu of a pre-accreditation training.
4.
Roll of Accredited Voluntary
Arbitrator
Upon
satisfactory completion of the training, the new Voluntary Arbitrator will be
given his/her Certificate of Accreditation bearing his/her Accreditation Number
and hereafter will formally take his/her Oath of Office and sign the Roll of
Accredited Voluntary Arbitrators.
Once
accredited, the voluntary arbitrator can serve as such in any region. However, for purposes of administrative
supervision, the voluntary arbitrator shall continue to be enrolled in the list
of accredited voluntary arbitrators in the region where they are accredited.
Before
the expiration of the fifth year of accreditation, the NCMB will send
advice/notice to the voluntary arbitrator requiring him/her to comply with
certain requirements including submission of updated bio-data, new affidavit
stating that he has no pending criminal case involving moral turpitude.
After
a thorough review of the new credentials submitted, the records and performance
of the voluntary arbitrator concerned as to case disposition and participation
to NCMB programs and activities and voluntary arbitration, the NCMB shall
decide whether to issue or not a certificate renewing the accreditation for
another five (5) years.
a)
Types
of De-Listing
1.
Voluntary
De-Listing
A
voluntary arbitrator may at his/her own signify his/her intention to be
de-listed from the Roll of Accredited Voluntary Arbitrators based on any
ground; provided, however, that voluntary arbitrators with pending cases shall
be required to secure clearance from the Board.
In
addition, the NCMB shall maintain an inactive list of Accredited Voluntary
Arbitrators to include those who voluntarily requested for such status or if
the voluntary arbitrator is elected or appointed to government position and
he/she lacks the material time to perform his/her actual duties and functions
as arbitrator.
2.
Involuntary
De-Listing.
The
Accreditation of a Voluntary Arbitrator may be revoked, after due process, if
at any time, any of the following ground arises:
a. Misrepresentation or falsification in the application for accreditation.
b. Commission of a crime involving moral turpitude.
c. Violation of the terms and conditions of Accreditation.
d. Continuous/consistent act of showing lack of interest as accredited voluntary arbitrator such as failure to attend national and chapter assemblies of PAVA and the continuing professionalization program jointly sponsored by NCMB and PAVA.
e. Violation of the NCMB Code of Professional Responsibility for Accredited Voluntary Arbitrators of Labor-Management Dispute.
f. Repeated and flagrant delay in rendering and submitting decision and/or awards.
3.
Procedures
for Involuntary De-listing
C.1. De-listing Initiated at the NCMB level
The NCMB, in the exercise of its regulatory and administrative functions over the Accredited Voluntary Arbitrators, may initiate de-accreditation proceeding motu propio even with the absence of any complaint against any arbitrator.
In the de-listing procedure the following shall be observed:
1. No arbitrator shall be de-listed from the roll of Accredited Voluntary Arbitrators without at least sixty (60) days notice unless the NCMB Executive Director has justifiable reason that warrants immediate action to avoid undue damage and prejudice to the public, in which case, the arbitrator may be suspended pending final determination of his/her de-listing in accordance with the procedures laid down in this Guidelines.
2. The voluntary arbitrator subject of a complaint for de-listing shall have the opportunity to submit a written response and evidence, oral or documented, why his/her accreditation should not be cancelled.
3. All complaints leading to de-listing shall be decided by the NCMB within 30 calendar days from filing of the complaint.
4. Decision on de-listing shall be final and executory upon receipt by the arbitrator of the decision.
C.2. Complaints Initiated at PAVA level
The PAVA may initiate conduct of formal investigation involving complaints affecting its members in accordance with their internal rules of discipline and subject to the due process requirement. Its decision imposing any disciplinary action short of de-listing shall be submitted to the NCMB for record purposes and dissemination to its Regional Branches.
If the recommended sanction is de-listing of member-arbitrator, the PAVA shall transmit its report of findings and recommendations to the NCMB, which shall evaluate the same and take the appropriate action in accordance with the procedures, laid in this Guidelines.
III. The Accreditation and De-listing of Voluntary Arbitrators shall be a centralized undertaking of the NCMB. All recommendations for these purposes including pertinent documents shall be submitted to the Central Office through the Voluntary Arbitration Division for initial evaluation and review.
These guidelines shall take effect upon signing hereof.
Manila, Philippines, November 15, 1999.
Sgd. BUENAVENTURA C. MAGSALIN
Chairman, TVAAC
Sgd. BENEDICTO ERNESTO R. BITONIO, JR.
Member, Government Sector
Sgd. ROBERTO A. PADILLA
Member, Labor Sector
Sgd. EDGAR C. RECINA
Member, Labor Sector
Sgd. RANULFO P. PAYOS
Member, Employer Sector
Sgd. ANIANO G. BAGABALDO
Member, Employer Sector
APPROVED:
Sgd. BIENVENIDO E. LAGUESMA
Secretary