HRD06

MARYNELLE DJ. SALINAS

JURISDICTION
OF
VOLUNTARY ARBITRATOR
P R E S E N T E D B Y : G R O U P 9
DENNESE M. SAN BUENAVENTURA

WHAT IS
ABRITRATION,
ARBITRATOR,
VOLUNTARY
ARBITRATOR?
 DENNESE M. SAN BUENAVENTURA

ARBITRATION
is one of the finest ways to resolve a conflict,
when parties agree for a settlement without taking
the matter into court.

VOLUNTARY ARBITRATIONS
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.
 DENNESE M. SAN BUENAVENTURA

ARBITRATOR
Generally the arbitrator is expected to decide only those
questions expressly delineated by the submission agreement,
Nevertheless, the arbitrator can assume that he has the necessary
power to make a final settlement since arbitration is the final
resort for the adjudication of disputes.

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.
DENNESE M. SAN BUENAVENTURA
JURISDICTION OF
VOLUNTARY ARBITRATOR
SECTION 1 :
Exclusive and Original Jurisdiction. The voluntary arbitrator
shall have exclusive and original jurisdiction over the following
cases:

• 1) All unresolved grievances arising from the interpretation or

implementation of the collective bargaining agreement.
• 2) All unresolved grievances arising from the implementation or
enforcement of company personnel policies.
• 3) ALL WAGE DISTORTION ISSUES ARISING FROM THE
APPLICATION OF ANY WAGE ORDERS IN ORGANIZED
ESTABLISHMENTS
• 4) ALL UNRESOLVED GRIEVANCES ARISING FROM THE
INTERPRETATION AND IMPLEMENTATION OF THE
PRODUCTIVITY INCENTIVE PROGRAMS UNDER RA 6971.
DENNESE M. SAN BUENAVENTURA
JURISDICTION OF
VOLUNTARY ARBITRATOR
SECTION 1 :
Exclusive and Original Jurisdiction. The voluntary arbitrator
shall have exclusive and original jurisdiction over the following
cases:

• 1) All unresolved grievances arising from the interpretation or

implementation of the collective bargaining agreement.
• 2) All unresolved grievances arising from the implementation or
enforcement of company personnel policies.
• 3) ALL WAGE DISTORTION ISSUES ARISING FROM THE
APPLICATION OF ANY WAGE ORDERS IN ORGANIZED
ESTABLISHMENTS
• 4) ALL UNRESOLVED GRIEVANCES ARISING FROM THE
INTERPRETATION AND IMPLEMENTATION OF THE
PRODUCTIVITY INCENTIVE PROGRAMS UNDER RA 6971.
DENNESE M. SAN BUENAVENTURA
JURISDICTION OF
Voluntar y Arbitrator

SECTION 2:
Concurrent Jurisdiction.
The voluntary arbitrator upon agreement of the parties,
shall also hear and decide all other labor disputes including
unfair labor practice and bargaining deadlocks. Before or at
any stage of the compulsory arbitration process, parties to a
labor dispute may agree to submit their case to voluntary
arbitration.
LAURICE A. REGINDIN
JURISDICTION OF
Voluntar y Arbitrator

SECTION 3:
NUMBER OF ARBITRATORS.

IF THE CBA DOES NOT SPECIFY THE NUMBER

OF ARBITRATORS, THE CASE SHALL BE HEARD
AND RESOLVED BY A SOLE ARBITRATOR,
UNLESS THE PARTIES AGREE OTHERWISE.
LAURICE A. REGINDIN
JURISDICTION OF
Voluntar y Arbitrator

SECTION 3:
How many is the ARBITRATORS?
Each party shall appoint one arbitrator. The two arbitrators
thus appointed shall choose the third arbitrator who will act as
the presiding arbitrator.
(1) The parties are free to determine the number of arbitrators,
provided that such number shall not be an even number. (2)
Failing the determination referred to in sub-section, the
arbitral tribunal shall consist of a sole arbitrator.
LAURICE A. REGINDIN

JURISDICTION OF
Voluntar y Arbitrator

How many is the ARBITRATORS?

Each party shall appoint one arbitrator. The two arbitrators
thus appointed shall choose the third arbitrator who will act as
the presiding arbitrator.
(1) The parties are free to determine the number of arbitrators,
provided that such number shall not be an even number. (2)
Failing the determination referred to in sub-section, the
arbitral tribunal shall consist of a sole arbitrator.
LAURICE A. REGINDIN JURISDICTION OF
Voluntar y Arbitrator

SECTION 4:
When Jurisdiction is Exercised.
The voluntary arbitrator shall exercise jurisdiction over specific case/s:
• 1) Upon receipt of a Submission Agreement duly signed by both parties.
• 2) UPON RECEIPT OF THE NOTICE TO ARBITRATE WHEN THERE IS
REFUSAL FROM ONE PARTY;
• 3) UPON RECEIPT OF AN APPOINTMENT/DESIGNATION AS
VOLUNTARY ARBITRATOR BY THE BOARD IN EITHER OF THE
FOLLOWING CIRCUMSTANCES:
• 3.1 IN THE EVENT THAT PARTIES FAIL TO SELECT AN ARBITRATOR;
OR
• 3.2 IN THE ABSENCE OF A NAMED ARBITRATOR IN THE CBA AND THE
PARTY UPON WHOM THE NOTICE TO ARBITRATE IS SERVED DOES
NOT FAVORABLY REPLY WITHIN SEVEN DAYS FROM RECEIPT OF
SUCH NOTICE.
CRISTINE JAY REA

JURISDICTION
SECTION 5:
Contents of Submission Agreement.

The SUBMISSION Agreement shall contain, among others, the

following:
• 1. THE agreement to submit to arbitration;
• 2. THE specific issue/s to be ARBITRATED;
• 3. THE name of the arbitrator;
• 4. THE NAMES, ADDRESSES AND CONTACT NUMBERS
OF THE PARTIES;
• 5. THE agreement to perform or abide by the decision.
CRISTINE JAY REA

JURISDICTION
SECTION 6:
SUBMISSION TO ARBITRATION THROUGH
NOTICE TO ARBITRATE.
AFTER EXHAUSTION OF THE GRIEVANCE PROCEDURE BUT THE
GRIEVANCE REMAINS UNRESOLVED AND THERE IS REFUSAL FROM ONE
PARTY TO SUBMIT TO VOLUNTARY ARBITRATION, THE FOLLOWING
SHALL BE OBSERVED:
• 1) A NOTICE TO ARBITRATE SHALL BE SERVED UPON THE UNWILLING
PARTY, COPY FURNISHED THE PERMANENT ARBITRATOR AND THE
NCMB REGIONAL BRANCH HAVING JURISDICTION OVER THE
WORKPLACE;
2) UPON RECEIPT OF A NOTICE TO ARBITRATE AFTER THE LAPSE OF THE
SEVENTH-DAY PERIOD WITHIN WHICH TO RESPOND, THE PERMANENT
ARBITRATOR/S SHALL IMMEDIATELY COMMENCE ARBITRATION
PROCEEDINGS;
3) IN THE ABSENCE OF A PERMANENT ARBITRATOR IN THE CBA, THE
BOARD APPOINTS A VOLUNTARY ARBITRATOR WHO SHALL
IMMEDIATELY COMMENCE ARBITRATION PROCEEDINGS UPON RECEIPT
OF SUCH APPOINTMENT.
JORDAN G. PONCE

JURISDICTION
SECTION 7
CONTENTS OF A NOTICE TO ARBITRATE.
THE NOTICE SHALL CONTAIN, AMONG OTHERS, THE
FOLLOWING:
• 1. THE NAMES, ADDRESSES AND CONTACT NUMBERS
OF THE PARTY UPON WHOM THE NOTICE IS MADE;
• 2. THE ARBITRATION CLAUSE OF THE CBA;
• 3. THE SPECIFIC ISSUE/S OR DISPUTE/S TO BE
ARBITRATED;
• 4. THE RELIEF SOUGHT;
• 5. THE NAME, ADDRESS AND CONTACT NUMBERS OF
THE INITIATING PARTY REQUESTING ARBITRATION.
JORDAN G. PONCE

JURISDICTION
SECTION 8
CONTENTS OF AN APPOINTMENT
FROM THE BOARD.
THE APPOINTMENT FROM THE BOARD SHALL CONTAIN,
AMONG OTHERS, THE FOLLOWING:
• 1. THE NAME OF THE ARBITRATOR;
• 2. THE NAMES, ADDRESSES AND CONTACT NUMBERS
OF THE PARTIES;
• 3. THE ISSUES TO BE ARBITRATED;
• 4. THE BASIS OF APPOINTMENT;
• 5. THE ARBITRATOR'S FEE;
• 6. THE SIGNATURE OF APPOINTING NCMB DIRECTOR.
HRD06

VIDEO REPORTING
PROJECT IN HRD06

SUBMITTED SUBJECT
TO:
LABOR RELATIONS AND
MRS. MARYNELLE DJ.
NEGOTIATION
SALINAS
HRD06

GROUP 9

DENNESE M. SAN
LAURICE A. REGINDIN CRISTINE JAY REA JORDAN G. PONCE
BUENAVENTURA
MEMBER MEMBER MEMBER MEMBER