8 primarystrike one declared by the employees who

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: e
CBA;
he
 does
 not
 sit
 to
 dispense
 his
 own
 brand
 of
 industrial
 justice.
 The
 arbitrator’s
authority
is
 contractual
rather
than
judicial
in
nature;
his
 power
 is
 conferred
 by
 the
 CBA;
 and
 his
 duty
 with
 respect
 to
 that
 agreement
 is
 to
 settle
 disputes
 arising
 thereunder
 by
 applying
 and
 interpreting
that
agreement
 • So
 long
 as
 an
 arbitrator
 is
 not
 arbitrary,
 he
 has
 wide
 latitude
 in
 exercising
his
authority.
A
clause
limiting
the
arbitrator’s
power
does
 not
affect
the
arbitrator’s
jurisdiction,
but
merely
limits
his
power
to
 fashion
an
award
 • Arbitrator’s
interpretation
of
CBA
 o It
is
said
that
an
arbitral
award
does
not
draw
its
essence
 from
the
CBA,
hence,
there
is
an
unauthorized
amendment
 or
alteration
thereof,
if:
 It
is
so
unfounded
in
reason
and
fact
 It
is
so
unconnected
with
the
wording
and
purpose
 of
the
agreement
 It
is
without
factual
support
in
view
of
its
language,
 its
 context,
 and
 any
 other
 indicia
 of
 the
 parties’
 intention
 It
 ignores
 or
 abandons
 the
 plain
 language
 of
 the
 contract
 It
 is
 mistakenly
 based
 on
 a
 crucial
 assumption
 which
concededly
is
a
nonfact
 It
is
unlawful,
arbitrary
or
capricious;
and
 Lalay
Abala.
ALS2014B.
Labor
II.
 o o It
is
contrary
to
public
policy
 When
 CBA
 is
 ambiguous,
 the
 VA
 is
 not
 merely
 to
 rely
 on
 the
 cold
 and
 cryptic
 words
 on
 the
 face
 of
 the
 CBA
 but
 is
 mandated
to
discover
the
intention
of
the
parties
 In
 order
 to
 ascertain
 the
 intention
 of
 the
 contracting
 parties,
their
 contemporaneous
and
subsequent
acts
shall
 be
 principally
 considered.
 The
 VA
 may
 also
 consider
 and
 rely
 upon
 negotiating
 and
 contractual
 history
 of
 the
 parties,
evidence
of
past
practices.
 Article
262­A.
Procedures
 1. 2. 3. 4. Compliance
with
duty
to
arbitrate
 • If
 a
 CBA
 requires
 settlement
 of
 disputes
 “exclusively”
 by
 the
 arbitration,
then
arbitration
is
needed
before
court
suits
for
breach
of
 the
contract
may
be
filed.
 o This
rule
applies
to
union,
employer,
and
employees
 • Nonetheless,
the
parties
to
a
CBA
may
waive
the
arbitration
covenants
 of
the
agreement,
but
their
conduct
must
clearly
show
that
intention
 Who
determines
the
arbitration
procedures
 • In
practice,
voluntary
arbitration
of
labor
cases
use
procedures
based
 on
the
Labor
Code,
as
amended
by
RA
6715
and
its
IRR,
 the
CBA,
and
 other
agreement
of
the
parties,...
View Full Document

This document was uploaded on 03/11/2014.

Ask a homework question - tutors are online