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Legal provision:
In case conciliation-mediation fails as a prior resort, the dispute is referred to either compulsory or voluntary arbitration. Voluntary Arbitration is the preferred mode of settlement in the following cases:
(1) Disputes arising from collective bargaining and negotiations, Art. 261 (e) LCP states: “[…] The Board shall exert all efforts to settle disputes amicably and encourage the parties to submit their case to a voluntary arbitrator.”
(2) Disputes involving the interpretation or enforcement of the collective bargaining agreement, Art. 273 LCP states: “The parties to a Collective Bargaining Agreement shall include therein provisions that will ensure the mutual observance of its terms and conditions. They shall establish a machinery for the adjustment and resolution of grievances arising from the interpretation or implementation of their Collective Bargaining Agreement and those arising from the interpretation or enforcement of company personnel policies.
All grievances submitted to the grievance machinery which are not settled within seven (7) calendar days from the date of its submission shall automatically be referred to voluntary arbitration prescribed in the Collective Bargaining Agreement.
For this purpose, parties to a Collective Bargaining Agreement shall name and designate in advance a Voluntary Arbitrator or panel of Voluntary Arbitrators or include in the agreement a procedure for the selection of such Voluntary Arbitrator or panel of Voluntary Arbitrators, preferably from the listing of qualified Voluntary Arbitrators duly accredited by the Board. In case the parties fail to select a Voluntary Arbitrator or panel of Voluntary Arbitrators, the Board shall designate the Voluntary Arbitrator or panel of Voluntary Arbitrators, as may be necessary, pursuant to the selection procedure agreed upon in the Collective Bargaining Agreement, which shall act with the same force and effect as if the Arbitrator or panel of Arbitrators have been selected by the parties as described above.”
(3) Picketing, strikes or lockout cases, Art. 278 (h) LCP states: “Before or at any stage of the compulsory arbitration process, the parties may opt to submit their dispute voluntary arbitration.”
(4) All other labor disputes, including unfair labor practices and bargaining deadlocks, subject only to the agreement of the parties, Art. 275 LCP states: “The Voluntary Arbitrator or panel of Voluntary Arbitrators, upon agreement of the parties, shall also hear and decide all other labor disputes including unfair labor practices and bargaining deadlocks.”
• Labor Code of the Philippines, Presidential Decree No. 442, s. 1974 (as Amended and renumbered by Department of Labour and Employment Advisory Note No. 1 of July 2015) (Art. 261(c), 273, 276) |
