Kim Orven M. SolonJD-2

WRITTEN REPORT

Voluntary Arbitration Defined as a contractual proceeding whereby the parties to any dispute, in order to obtain a speedy and inexpensive final disposition of the matter, select a judge of their own choice and by consent, submit their controversy to him for determination Before or at any state of the compulsory arbitration process, the parties may opt to submit their dispute to voluntary arbitration. Jurisdiction All unresolved grievances arising from he interpretation or implementation of the collective bargaining agreement after exhaustion of the grievance procedure. 2) All unresolved grievance arising from the implementation or enforcement of the grievance procedure.

Art. 260. Labor code 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.

Art. 261. Labor Code

The Voluntary Arbitrator or panel of Voluntary Arbitrators shall have original and exclusive jurisdiction to hear and decide all unresolved grievances arising from the interpretation or implementation of the Collective Bargaining Agreement and hose arising from the interpretation or enforcement of company personnel policies referred to in the immediately preceding article. Accordingly, violations of a Collective Bargaining Agreement, except those which are gross in character, shall no longer be treated as unfair labor practice and shall be resolved as grievances under the Collective Bargaining Agreement. For purposes of this article, gross violations of Collective Bargaining Agreement shall mean flagrant and/or malicious refusal to comply with the economic provisions of such agreement.

Republic Act Nos. 6727 and 6971

all unresolved wage distortion cases as a result of the application of wage order issued by any Regional Tripartite Wages and Productivity Boards all disputes, grievances or other matters arising from the interpretation and implementation of productivity incentives program which remains unresolved

Concurrent jurisdiction

Art. 262. Jurisdiction over other labor disputes. 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. Guidelines Where to file Voluntaray Arbitrators of his office When Jurisdiction is Exercised. The voluntary arbitrator or panel of arbitrators chosen by the parties shall exercise jurisdiction over specific case/s upon receipt of a written Submission Agreement duly signed by both parties. Authority to Conciliate and Mediate. Compulsory Powers. to require any person to attend hearing/s as a witness. They shall have the power to subpoena witnesses and documents when the relevancy of the testimony and the materiality thereof have been demonstrated to the arbitrators. Extent of Award. The Arbitrator/s shall have the power to decide only those matters which have been submitted to arbitration. They may grant any remedy or relief which they deem just and equitable and within the scope of the submission agreement of the parties and shall include, but not limited to, the specific performance of particular act or acts. SECTION 6. Finality of Award of Decision. Awards or decisions of voluntary arbitrator become final and executory after ten (10) calendar days from receipt of copies of the award or decision by the parties. Enforcement of Award. Both parties shall comply voluntarily and faithfully with the award. In instances of noncompliance by either or both parties, a motion to enforce/execute the award may be filed with the voluntary arbitrator who may issue a writ of execution requiring either the sheriff of the National Labor Relations Commission or the regular courts or any public official whom the parties may designate in the submission agreement, to execute the final decision or award. In the absence of the voluntary arbitrator or in case of his incapacity, the motion shall be filed with the Labor Arbiter in the region having jurisdiction over the workplace. The filing of a motion for the issuance of writ of execution is without prejudice to any other action the aggrieved party may take against the non-complying party such as a petition for contempt or imposition of fines and penalties. DOLE Secretary and Regional OfficeDOLE SECRETARY- Visitorial and Enforcement PowerCover any fact, condition or matter related to the enforcement not only of the Labor Code but of any Labor law.

Unlimited by the amount of monetary liability involved.

Department Order 131-13- Rules on Labor Laws Compliance SystemModes of Implementation1. Joint Assessment2. Compliance Assessment3. Occupational Safety and Health Standard InvestigationOfficers Involve Secretary of Labor Regional Director Labor Law Compliance Officer Joint assessment Issuance of Checklist and Notice of Results and Certificate of Compliance Compliance Visit Notice of Results and Certificate of ComplianceOccupational Safety and Health Standard Investigation Recommend to the establishment the necessary corrective action to immediately abate the imminent danger/dangerous occurrence. Notice of Results Work Stoppage Order Mandatory conference Notice of finality Writ of execution Appeal- Memorandum of Appeal to Secretary furnished to other party within 10 days from receipt. Grounds Prima facie evidence of abuse of discretion on the part of the Regional Director Pure questions of law Serious errors in the findings of facts were committed which, if not corrected, would cause grace or irreparable damage or injury to the appellant Regional OfficeArt. 129. Recovery of wages, simple money claims and other benefits.

Upon complaint of any interested party, to hear and decide any matter involving the recovery of wages and other monetary claims and benefits, including legal interest, owing to an employee or person employed in domestic or household service or househelper under this Code,

arising from employer-employee relations:

Provided, That such complaint does not include a claim for reinstatement: Provided further, That the aggregate money claims of each employee or househelper does not exceed Five thousand pesos (P5,000.00). . Any decision or resolution of the Regional Director or hearing officer pursuant to this provision may be appealed on the same grounds provided in Article 223 of this Code, within five (5) calendar days from receipt of a copy of said decision or resolution, to the National Labor Relations Commission.

THE NLRC RULES OF PROCEDUREGOVERNING ARBITRATION PROCEEDINGS BEFORE THE LABOR ARBITERS AND THE COMMISSION

PLEADINGS, NOTICES AND APPEARANCES COMPLAINT. It shall be signed under oath and a declaration of non-forum shopping. A party having more than one cause of action against the other party, arising out of the same relationship, shall include all of them in one complaint or petition. FILING AND SERVICE OF PLEADINGS. Regional Arbitration Branch or the Commission. Pleadings filed through registered mail or courier. Proof of service SERVICE OF NOTICES, RESOLUTIONS, ORDERS AND DECISIONS. Amendment courier authorized by the Commission Copies to both parties and Counsel Period to file an appeal starts from the receipt APPEARANCES.The lawyer shall indicate in his pleadings and motions his Attorneys Roll Number, as well as his/her PTR and IBP numbers for the current year and MCLE compliance A non-lawyer may appear only under the following conditions: He is party to the case He represents a legitimate labor organization. (Art. 212 and 242 of the Labor Code) He represents a member or members of a legitimate labor organization that is existing within the employers establishment, who are parties to the case He is a duly-accredited member of any legal aid office recognized by the Department of Justice or Integrated Bar of the Philippines. He is the owner , president or any authorize person of a corporation or establishment which is a party to the case AUTHORITY TO BIND PARTY . . .but they cannot, without a special power of attorney or express consent, enter into a compromise agreement with the opposing party in full or partial discharge of a client's claim. VENUE, ASSIGNMENT AND DISPOSITION OF CASES VENUE. Regional Arbitration Branch having jurisdiction over the workplace of the complainant or petitioner. workplace place or locality where the employee is regularly assigned at the time the cause of action arose. the place where the employee is supposed to report back after a temporary detail, assignment, or travel. In case of field employees, as well as ambulant or itinerant workers, their workplace is where they are regularly assigned, or where they are supposed to regularly receive their salaries and wages or work instructions from, and report the results of their assignment to, their employers. Where two (2) or more Regional Arbitration Branches When venue is not objected to before the first scheduled mandatory conferences-waived Change of Venue Cases involving overseas Filipino workers where the complainant resides or where the principal office of any of the respondents is situated, at the option of the complainant. RAFFLE AND ASSIGNMENT OF CASES. Executive Labor Arbiter shall be responsible for the immediate raffle and assignment of all complaints and petitions filed with his/her Regional Arbitration Branch. CONSOLIDATION OF CASES AND COMPLAINTS. DISPOSITION OF CASES. When the Secretary of Labor and Employment has assumed jurisdiction over a strike or lockout or certified the same to the Commission, the parties to such dispute shall immediately inform the Secretary or the Commission, PROCEEDINGS BEFORE LABOR ARBITERS NATURE OF PROCEEDINGS. The proceedings before the Labor Arbiter shall be non-litigious in nature the technicalities of law and procedure and the rules obtaining in the courts of law shall not strictly apply thereto. The Labor Arbiter may avail himself/herself of all reasonable means to ascertain the facts of the controversy speedily, including ocular inspection and examination of well-informed persons. ISSUANCE OF SUMMONS AND SERVICE OF SUMMONS PROHIBITED PLEADINGS AND MOTIONS. Motion to dismiss the complaint Motion for a bill of particulars; Motion for new trial; Petition for Relief from Judgment Motion to declare respondent in default; Motion for reconsideration of any decision or any order of the Labor Arbiter; Appeal from any interlocutory order of the Labor Arbiter, such as but not limited to, an order: Any agreement entered into by the parties whether in partial or full settlement of the dispute shall be reduced into writing and signed by the parties and their counsel or the parties authorized representatives, if any. A compromise agreement duly entered into in accordance with this Section shall be final and binding upon the parties and shall have the force and effect of a judgment rendered by the Labor Arbiter. EFFECT OF FAILURE OF SETTLEMENT. NON-APPEARANCE OF PARTIES. SUBMISSION OF POSITION PAPER AND REPLY. No amendment of the complaint or petition shall be allowed after the filing of position papers, unless with leave of the Labor Arbiter. c) The position papers of the parties shall cover only those claims and causes of action stated in the complaint or amended complaint, DETERMINATION OF NECESSITY OF HEARING OR CLARIFICATORY CONFERENCE. for the purpose of making such determination, ask clarificatory questions to further elicit facts or information, including but not limited to the subpoena of relevant documentary evidence, if any, from any party or witness. The Labor Arbiter shall make a written summary of the proceedings, including the substance of the evidence presented, in consultation with the parties. The written summary shall be signed by the parties and shall form part of the records. SUBMISSION OF THE CASE FOR DECISION. INHIBITION. A Labor Arbiter may voluntarily inhibit himself/herself from the resolution of a case and shall so state in writing the legal justifications therefor. Upon motion of a party, either on the ground of relationship within the fourth civil degree of consanguinity or affinity with the adverse party or counsel on question of partiality or other justifiable grounds, CONTENTS OF DECISIONS. a) facts of the case; b) issues involved; c) applicable laws or rules; d) conclusions and the reasons therefor; and e) specific remedy or relief granted. In cases involving monetary awards, the decisions or orders of the Labor Arbiter shall contain the amount awarded.In case the decision of the Labor Arbiter includes an order of reinstatement, it shall likewise contain: a) a statement that the reinstatement aspect is immediately executory; and b) a directive for the employer to submit a report of compliance within ten (10) calendar days from receipt of the said decision. FINALITY OF THE DECISION OR ORDER AND ISSUANCE OF CERTIFICATE OF FINALITY. (a) Finality of the Decision or Order of the Labor Arbiter. - If no appeal is filed with the Commission shall become final and executory after ten (10) calendar days from receipt thereof by the counsel or authorized representative or the parties if not assisted by counsel or representative. Certificate of Finality. REVIVAL AND RE-OPENING OR RE-FILING OF DISMISSED CASE and LIFTING OF WAIVER.APPEALS PERIODS OF APPEAL. Labor Arbiter - appealed to the Commission by any or both parties within ten (10) calendar days from receipt thereof Regional Director of the Department of Labor and Employment pursuant to Article 129 of the Labor Code, within five (5) No motion or request for extension of the period within which to perfect an appeal shall be allowed. SECTION 2. GROUNDS. a) If there is prima facie evidence of abuse of discretion on the part of the Labor Arbiter or Regional Director; b) If the decision, award or order was secured through fraud or coercion, including graft and corruption; c) If made purely on questions of law; and/or d) If serious errors in the findings of facts are raised which, if not corrected, would cause grave or irreparable damage or injury to the appellant. WHERE FILED. - The appeal shall be filed with the Regional Arbitration Branch or Regional Office where the case was heard and decided. REQUISITES FOR PERFECTION OF APPEAL. Filed on time Personally verify State the grounds, arguments, relief and date of receipt of decision, award or order 3 copies Proof of payment-appeal fee and legal research fee Posting of cash or surety bond Proof of service The appellee may file with the Regional Arbitration Branch or Regional Office where the appeal was filed, his/her answer or reply to appellant's memorandum of appeal, not later than ten (10) calendar days from receipt thereof. BOND In case the decision of the Labor Arbiter or the Regional Director involves a monetary award, an appeal by the employer may be perfected only upon the posting of a bond, which shall either be in the form of cash deposit or surety bond equivalent in amount to the monetary award, exclusive of damages and attorneys fees. In case of surety bond, the same shall be issued by a reputable bonding company duly accredited by the Commission or the Supreme Court, and shall be accompanied by original or certified true copies of the following: FILING OF APPEAL; EFFECT. once an appeal is filed, the Labor Arbiter loses jurisdiction over the case. All pleadings and motions pertaining to the appealed case shall thereafter be addressed to and filed with the Commission. FRIVOLOUS OR DILATORY APPEALS. - No appeal from an interlocutory order shall be entertained. To discourage frivolous or dilatory appeals, including those taken from interlocutory orders, the Commission after hearing may censure or cite in contempt the erring parties and their counsels, or subject them to reasonable fine or penalty.