Als2014blaborii has some relation to group action in

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 and
 limited
 in
 the
 submission
 agreement.
 However,
 since
 arbitration
 is
 the
 final
 resort
 for
the
adjudication
of
disputes,
the
arbitrator
will
assume
 that
he
has
the
power
to
make
a
final
settlement
 Example:
 Submission
 empowers
 arbitrator
 to
 decide
if
Mr.
X
was
discharged
for
“just
cause”.
The
 arbitrator
 would
 then
 assume
 that
 his
 powers
 extended
 beyond
 giving
 a
 yes‐or‐no
 answer
 and
 included
 the
 power
 to
 reinstate
 X
 with
 or
 without
 back
pay
 o While
 some
 leeway
 is
 implied
 from
 the
 circumstances
 of
 the
 contract,
 the
 arbitrator
 will
 normally
 not
 prescribe
 proper
 procedures
 for
 the
 future
 relations
 of
 the
 parties
 unless
 expressly
 authorized
 to
 do
 so.
 Nor
 may
 he
 resolve
 • Lalay
Abala.
ALS2014B.
Labor
II.
 4. other
 grievances
 that
 are
 not
 precipitated
 by
 the
 same
 facts.
 o Note
that
even
if
the
particular
issue
is
non‐contractual
or
 is
 not
 arbitrable
 under
 the
 contract,
 the
 parties
 may
 stipulate
 to
 arbitrate
 such
 issue
 in
 the
 submission
 agreement
 o Sime
 Darby
 case:
 parties
 submitted
 to
 the
 voluntary
 arbitrator
the
“issue
of
performance
bonus”.
The
language
 of
the
agreement
may
be
seen
to
be
quite
cryptic.
It
is
thus
 essential
 to
 stress
 that
 the
 voluntary
 arbitrator
 had
 plenary
 jurisdiction
 and
 authority
 to
 interpret
 the
 agreement
 to
 arbitrate
 and
 to
 determine
 the
 scope
 of
 his
 own
authority
subject
only,
in
a
proper
case,
to
certiorari
 jurisdiction
of
the
SC.
Hence,
arbitrator
had
jurisdiction
to
 decide
 whether
 there
 should
 be
 a
 bonus
 granted,
 but
 the
 amount
thereof
as
well.
 o Ludo
 v.
 Saornido:
 The
 parties
 submitted
 the
 issue
 of
 the
 date
 of
 regularization
 of
 the
 workers.
 Arbitrator
 determined
 that
 the
 employees
 were
 of
 regular
 status
 6
 months
from
the
first
day
of
service
and,
as
such,
awarded
 the
complainants
the
various
benefits
under
the
CBA.
The
 voluntary
arbitrator
did
not
exceed
his
authority.

 Powers
of
the
arbitrator
 • Power
to
arbitrate
any
dispute
 o The
 contract
 clause
 that
 vies
 the
 arbitrator
 the
 broadest
 scope
 of
 power
 is
 commonly
 known
 as
 the
 “disputes”
 clause
 o This
 type
 of
 clause
 grants
 the
 arbitrator
 jurisdiction
 to
 hear
 and
 determine
 practically
 any
 matter
 in
 dispute
 between
the
parties
 o Plus,
 he
 is
 not
...
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This document was uploaded on 03/11/2014.

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