|
Jurisdiction of
Voluntary Arbitrators
Jurisdiction of Voluntary Arbitrators or Panel of Voluntary Arbitrators
(Art. 261-262, Labor Code)
Exclusive and original
jurisdiction to hear and decide all grievances:
-
Arising from the
implementation or interpretation of the collective bargaining
agreements;
-
Arising from the
interpretation or enforcement of company personnel policies;
-
Wage distortion issues
arising from the application of any wage orders in organized
establishments (Par. 4, Art. 124, RA
6727);
“Where the application of any prescribed wage increase by virtue of a law or
Wage Order issued by any Regional Board results in distortions or wage
structure within an establishment, the employer and the union shall
negotiate to correct the distortions. Any dispute arising from wage
distortion shall be resolved through the grievance procedure under their
collective bargaining agreement and, if it remains unresolved, through
voluntary arbitration. Unless otherwise agreed by the parties in writing,
such dispute shall be decided by the voluntary arbitrators within ten (10)
calendar days from the time said dispute was referred to voluntary
arbitration.”
-
Unresolved grievances
arising from the interpretation and implementation of the productivity
incentive programs under RA 6971.
Sec. 9, RA 6971
Sec.
9. Disputes and Grievances – Whenever disputes, grievances, or other matters
arise from the interpretation or implementation of the productivity
incentive program, the labor-management committee shall meet to resolve the
dispute, and may seek the assistance of the National Conciliation and
Mediation Board of the Department of Labor and Employment for such purpose.
Any dispute which remains unresolved within twenty (20) days from the time
of its submission to the labor-management committee shall be submitted for
voluntary arbitration in line with the pertinent provisions of the Labor
Code as amended.
The Productivity
incentives program shall include the name(s) if the voluntary arbitrator or
panel of voluntary arbitrators previously chosen and agreed upon by the
labor-management committee.
Concurrent Jurisdiction
Any other labor dispute
upon agreement of the party may be submitted to a voluntary arbitrator or
panel of voluntary arbitrators.
Before or at any stage of
the compulsory arbitration process, the parties may opt to submit to their
dispute to voluntary arbitration.
The NLRC and its Regional
Branches as well as the Regional Directors of the DOLE are prohibited from
entertaining disputes, grievances or matters under the exclusive and
original jurisdiction of the voluntary arbitrator or panel of voluntary
arbitrators. They shall immediately dispose and refer the same to the
appropriate grievance machinery or voluntary arbitration provided in the
collective bargaining agreement.
Powers of
the Voluntary Arbitrators or Panel of Voluntary Arbitrators (Sec. 4, Rule
XI, Book V)
-
To hold hearings;
-
To receive evidence;
-
To take whatever
action is necessary to resolve the issue/s subject of the dispute;
-
To conciliate or
mediate to aid the parties in reaching a voluntary settlement of the
dispute;
-
To issue a writ of
execution to enforce final decisions, orders, resolutions or awards.
|
