Arbitrator andnotalaborarbiter 3

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Unformatted text preview: 
 • The
 parties
 to
 a
 CBA
 will
 decide
 on
 the
 number
 of
 arbitrators
 who
 may
hear
a
dispute
only
when
the
need
for
it
arises.

 • Labor
arbitration
is
the
reference
of
a
labor
dispute
to
at
third
party
 for
 determination
 on
 the
 basis
 of
 evidence
 and
 arguments
 presented
 by
such
parties,
who
are
bound
to
accept
the
decision
 • 7. 8. 2
 Voluntary
arbitration
is
a
contractual
proceeding
whereby
the
parties
 to
any
dispute
or
controversy
select
a
judge
of
their
own
choice
and
by
 consent
submit
their
controversy
to
him
for
determination;
pursuant
 to
a
voluntary
arbitration
clause
in
the
CBA
 • Compulsory
arbitration
is
the
process
of
settlement
of
labor
disputes
 by
 a
 government
 agency
 (or
 other
 means
 provided
 by
 the
 government)
which
has
the
power
to
investigate
and
make
an
award
 binding
 • Voluntary
arbitration:
a
private
judicial
system
 o A
voluntary
arbitrator
is
part
of
a
system
of
self‐government
 created
by
and
confined
to
the
parties
 o Primary
function
of
voluntary
arbitration
is
to
provide
 A
process
for
the
orderly
disposition
of
disputes
 A
 foundation
 for
 stable
 labor‐management
 relations
 • Voluntary
arbitration,
a
master
procedure
 o Any
 and
 all
 kinds
 of
 labor
 disputes
 may
 be
 submitted
 to,
 settled,
 or
 resolved
 through
 voluntary
 arbitration,
 if
 the
 parties
so
desire
 o As
 a
 master
 procedure,
 voluntary
 arbitration
 takes
 precedence
over
other
dispute
settlement
devices
 For
instance,
when
a
strike
or
lockout
in
a
national
 interest
case
is
placed
under
the
jurisdiction
of
the
 Secretary
 of
 Labor
 or
 NLRC,
 the
 parties
 can
 withdraw
 the
 case
 from
 either
 office
 anytime
 to
 lodge
it
instead
to
a
voluntary
arbitrator
 o Voluntary
arbitration
is
 really
voluntary
because
the
parties
 choose
the
arbitrator
and
define
the
issues
submitted
to
him
 9. Who
may
be
accredited
as
voluntary
arbitrator
 • Minimum
criteria
for
accreditation
as
voluntary
arbitrator:
 o A
Filipino
citizen
residing
in
the
Philippines
 o A
holder
of
a
bachelor’s
degree
in
any
field
of
behavioral
or
 applied
sciences
or
equivalent
educational
trainings
short
of
 a
bachelor’s
degree
 o At
least
5
years
experience
in
labor‐management
relations
 o Completion
 of
 a
 training
 course
 on
 voluntary
 arbitration
 conducted
by
the
Board
 o A
 person
 of
...
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This document was uploaded on 03/11/2014.

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