Voluntary Arbitrators

Summary

▪ The employers and employees may agree to resolve their labor dispute before voluntary arbitrators.

1. Concept

Voluntary arbitrators are appointed by both the employer and employee to resolve their labor dispute.

Voluntary arbitrators are usually private individuals who are known of their integrity and competence in a certain field or industry.

2. Voluntary Arbitrator’s Jurisdiction

a. Exclusive and original jurisdiction

1) Those arising from the implementation or interpretation of the CBA; and,

2) Those arising from the interpretation or enforcement of company personnel policies which remain unresolved after exhaustion of the grievance procedure. (Section 1, Rule XI, Omnibus Rules Implementing the Labor Code)

b. Voluntary Arbitrators (VA)

1) NCMB-accredited Voluntary Arbitrator;

2) Any person named or designated in the CBA by the parties to act as their Voluntary Arbitrator;

3) Chosen with/without the assistance of the NCMB, pursuant to a selection procedure agreed upon in the CBA; or,

4) Any official that may be authorized by the DOLE Secretary to act as Voluntary Arbitrator upon the written request and agreement of the parties to a labor dispute. (Article 219[n], Labor Code)

c. Awards, as court decisions

Awards of voluntary arbitrators determine the rights of parties; hence, their decisions have the same legal effect as judgments of a court. A voluntary arbitrator by the nature of her functions, acts in a quasi-jud...

 



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