In fact even bargaining deadlocks and all other

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Unformatted text preview: good
 moral
 character,
 noted
 for
 impartiality,
 probity,
 and
 has
 not
 been
 civilly,
 criminally
 and
 administratively
 adjudged
 guilty
 of
 any
 offense
 involving
 moral
turpitude
as
evidenced
by
a
duly
sworn
affidavit
 10. How
voluntary
arbitrator
is
chosen
 • Chosen
by
parties
themselves
 • Choice
 is
 not
 limited
 to
 the
 arbitrators
 accredited
 by
 the
 NCMB,
 although
 Article
 260
 says
 they
 should
 preferably
 choose
 the
 accredited
ones
 • Preferred
 method
 of
 selection
 is
 by
 mutual
 agreement
 of
 the
 parties.
 Alternative
 methods
 include
 the
 selection
 or
 appointment
 by
 an
 administrative
agency
like
the
NCMB
 • Lalay
Abala.
ALS2014B.
Labor
II.
 Parties
 in
 generally
 may
 choose
 between
 the
 use
 of
 a
 temporary
 (when
a
dispute
is
already
at
hand)
or
permanent
(selected
before
the
 dispute
arises)
arbitrator.
They
have
also
a
choice
as
to
the
number
of
 arbitrators
 11. Distinguished
from
a
court
of
law
 • Arbitration
proceedings
are
informal
 • Arbitrators
 are
 not
 obliged
 to
 follow
 precedents
 set
 by
 other
 arbitrations
in
similar
cases
 • Arbitrator
determines
what
is
admissible
evidence
 • Article
261.
Jurisdiction
of
voluntary
arbitrators
or
panel
of
voluntary
arbitrators.
 Article
262.
Jurisdiction
over
other
labor
disputes.
 1. 2. Arbitrable
disputes
 • Two
kinds
of
disputes:
 o Contract‐negotiation
disputes
 Disputes
as
to
the
terms
of
a
CBA
 Where
 there
 is
 an
 existing
 agreement
 to
 arbitrate
 such
 disputes,
 and
 a
 bargaining
 deadlock
 or
 impasse
 has
 arisen,
 the
 disputants
 submit
 to
 an
 impartial
 outsider
 for
 settlement
 the
 collective
 bargaining
 issue
 which
 they
 had
 been
 unable
 to
 settle
 by
 themselves,
 whether
 or
 not
 aided
 by
 conciliators
 Known
as
arbitration
of
interest
 Few
 contracts
 provide
 for
 the
 arbitration
 of
 interest
disputes;
because
usual
arbitration
clauses
 empower
arbitrator
to
only
interpret
the
contract
 o Contract
interpretation
disputes
 Disputes
 arising
 under
 an
 existing
 CBA,
 involving
 such
 matters
 as
 interpretation
 and
 application
 of
 the
contract,
or
alleged
violation
of
its
provisions
 Known
as
arbitration
of
grievance
or
rights
 • When
 the
 terms
 and
 conditions
 of
 an
 agreement
 are
 in
 dispute,
 they
 are
 usually
 submitted
 to
 arbitration
 by
 means
 of
 a
 special
 contract,
 called
a
submission
agreement,
which
is
signed
by
the
disputants
 Jurisdiction
of
LA
and
VA
 • Voluntary
arbitrators
or
panel,
however,
can
exercise
jurisdiction
over
 any
 and
 all
 disputes
 between
 an
 employer
 and
 a
 union
 and...
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This document was uploaded on 03/11/2014.

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