The labor arbitrator is usually chosen because of the

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Unformatted text preview: icies
 deal
 with
 matters
 affecting
 efficiency
and
well‐being
of
employees.
 Usual
 source
 of
 grievances
 are
 the
 rules
 and
 regulations
governing
disciplinary
actions
 o Company
 policies
 must
 be
 issued
 by
 top
 management
 which
is
responsible
for
making
major
policies
that
are
by
 their
nature
company‐wide
in
application.
 o Minor
policies,
better
known
as
rules
and
procedures,
are
 the
extension
of
major
policies
and
are
usually
formulated
 by
minor
executives
or
department
managers.

 Rules
 are
 specific
 guides
 intended
 to
 govern
 conduct
 and
 action
 of
 operating
 supervisors
 and
 o • Lalay
Abala.
ALS2014B.
Labor
II.
 3. employees
 in
 the
 performance
 of
 their
 designated
 activities
 Procedure
are
made
to
specify
ways
or
methods
of
 carrying
out
policies
and
rules
 • Jurisdiction
over
CBA
Violations
 o CBA
 violations
 not
 constituting
 ULP
 are
 cognizable
 by
 a
 voluntary
arbitrator
if
not
resolved
through
the
grievance
 machinery
 o BUT
if
violations
are
 gross
in
character
 
ULP;
which
are
 to
be
heard
and
decided
by
the
labor
arbiter
 Gross
 violations
 refer
 to
 flagrant
 and/or
 malicious
 refusal
 to
 comply
 with
 the
 economic
 provisions
 of
 the
CBA
 Unsubstantiated
 conclusions
 of
 bad
 faith
 and
 unjustified
 refusal
 to
 reemploy
 complaining
 employees
 do
 not
 constitute
 gross
 violation
 of
 the
 CBA
 for
 purpose
 of
 lodging
 jurisdiction
 with
 the
 labor
arbiter
 o YET,
even
in
gross
violation
cases,
the
parties
are
allowed
 by
 Article
 262
 to
 submit
 the
 ULP
 case
 to
 a
 voluntary
 arbitrator.
 In
 fact,
 even
 bargaining
 deadlocks
 and
 “all
 other
 disputes”
 may,
 by
 agreement
 of
 the
 parties,
 be
 submitted
to
a
voluntary
arbitrator
 • Other
cases
 o Voluntary
 arbitrators
 also
 have
 exclusive
 and
 original
 jurisdiction
 to
 hear
 and
 decide
 wage
 distortion
 issues
 arising
 from
 the
 application
 of
 any
 wage
 orders
 in
 organized
 establishments,
 as
 well
 as
 unresolved
 grievances
 arising
 from
 the
 interpretation
 and
 implementation
 of
 the
 productivity
 incentive
 program
 under
RA
6971
 o Before
 or
 at
 any
 stage
 of
 the
 compulsory
 arbitration
 process,
 the
 parties
 may
 opt
 to
 submit
 their
 dispute
 to
 voluntary
arbitrations
 o The
 NLRC
 shall
 not
 entertain
 disputes,
 grievances
 or
 matters
under
the
exclusive
and
original
ju...
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