Nor may he resolve lalayabalaals2014blaborii 4 other

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Unformatted text preview: /or
 individual
worker
as
provided
by
Article
262
 • Jurisdiction
 of
 voluntary
 arbitrator/panel
 must
 be
 voluntarily
 conferred
by
both
labor
and
management
 • Jurisdiction
over
termination
disputes
 o Preference
 or
 bias
 of
 the
 law
 in
 favor
 of
 voluntary
 arbitration
justifies
the
view
that
employment
termination
 disputes,
 arising
 from
 CBA
 or
 personnel
 policy
 implementation,
 are
 cognizable
 by
 a
 voluntary
 arbitrator
 and
not
a
labor
arbiter
 3
 If
termination
case
is
filed
with
a
labor
arbiter,
it
is
to
be
 dismissed
 for
 lack
 of
 jurisdiction
 and
 referred
 to
 the
 NCMB
Regional
Branch
for
appropriate
action
 Parties
will
proceed
to
select
a
voluntary
arbitrator
 (or
panel)
based
on
the
procedure
outlined
in
their
 CBA
 This
referral
presupposes
that
the
parties
 had
 agreed
 in
 unequivocal
 language
 that
 the
 termination
 dispute
 should
 be
 submitted
 to
 grievance
 machinery
 and
 voluntary
 arbitration;
 or
 else,
 the
 labor
 arbiter
may
hear
and
decide
the
case
 o Only
 disputes
 involving
 the
 union
 and
 the
 company
 shall
 be
 referred
 to
 the
 grievance
 machinery
 or
 voluntary
 arbitrators
 o Article
 261
 grants
 to
 voluntary
 arbitrators
 original
 and
 exclusive
 jurisdiction
 to
 hear
 and
 decide
 all
 unresolved
 grievances.

 Termination
 of
 an
 employee
 is
 not
 an
 unresolved
 grievance.
 Hence,
 its
 proper
 to
 file
 an
 illegal
 dismissal
complaint
with
the
labor
arbiter’s
office.
 o Further,
 Article
 260
 provides
 that
 the
 parties
 to
 a
 CBA
 shall
 name
 or
 designate
 their
 representative
 to
 the
 grievance
 machinery
 and
 if
 the
 grievance
 is
 unsettled
 in
 that
 level,
 it
 shall
 automatically
 be
 referred
 to
 the
 voluntary
arbitrators
designated
in
advance
by
the
parties
 to
a
CBA
of
the
union
and
the
company.
 Obviously,
 only
 disputes
 involving
 the
 union
 and
 the
 company
 shall
 be
 referred
 to
 the
 grievance
 machinery
or
voluntary
arbitrators
 o Sanyo
 case
 ruling:
 since
 there
 has
 been
 an
 actual
 termination,
the
matter
falls
within
the
jurisdiction
of
the
 Labor
Arbiter.
The
dismissal
of
the
employee
does
not
call
 for
 the
 interpretation
 or
 enforcement
 of
 company
 personnel
 policies
 but
 is
 a
 termination
 dispute
 which
 comes
under
the
jurisdiction
of
the
Labor
Arbiter.
 Policies,
Rules,
Procedures
 o Company
 personnel
 pol...
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