The 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:

 

  1. Arising  from the implementation or interpretation of the collective bargaining agreements;

 

  1. Arising from the interpretation or enforcement of company personnel policies;

 

  1. 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.”

 

  1. 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.