Voluntary arbitration takes

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Unformatted text preview: for
 the
 period
 specified.
 Employees
 cannot
 revoke
 the
 CBA
 by
 the
 simple
 expedient
 of
 changing
bargaining
representatives.

 Lalay
Abala.
ALS2014B.
Labor
II.
 The
 new
 agent,
 however,
 may
 bargain
 for
 the
 shortening
 of
 the
 contract
period
 Grievances
 • Grievance
 is
 any
 question
 by
 either
 the
 employer
 or
 the
 union
 regarding
 the
 interpretation
 or
 application
 of
 the
 CBA
 or
 company
 personnel
policies
or
any
claim
by
either
party
that
the
other
party
is
 violating
any
provision
of
the
CBA
or
company
personnel
policies
 • Generally,
dispute
or
controversy
respecting
terms
and
 conditions
 of
 employment
which
an
employee
or
group
of
employees
may
present
 to
the
employer
can
be
a
grievance,
even
without
a
union
or
CBA
 • Grievance
 includes
 a
 situation
 where
 there
 is
 no
 CBA
 agent
 and
 no
 CBA
 • By­passing
the
grievance
machinery:
ULP
 o All
 grievances
 arising
 from
 the
 implementation
 or
 interpretation
 of
 the
 CBA
 and/or
 interpretation
 and
 enforcement
 of
 company
 personnel
 policies
 are
 compulsorily
subject
to
the
grievance
machinery
 o Refusal
or
failure
to
do
so
is
ULP
 o The
 grievance
 machinery
 under
 the
 agreement
 is
 the
 very
 heart
of
industrial
self‐government
 o But
 a
 grievance
 may
 be
 brought
 directly
 to
 voluntary
 arbitration
 without
 passing
 through
 the
 grievance
 machinery,
especially
when
the
latter
has
been
proven
to
be
 ineffective
 in
 the
 past,
 or
 when
 the
 parties
 inadvertently
 failed
 to
 include
 a
 grievance
 machinery
 provision
 in
 their
 CBA
 • Waiver
of
grievance
machinery
procedure
and
submission
to
VA
 (Apalisok
v.
Radio
Philippines)
 o Employee
 had
 waived
 her
 right
 to
 resolve
 the
 case
 through
 the
grievance
machinery
and
filed
a
case
with
the
NLRC
 o Voluntary
 arbitration
 was
 not
 forced
 upon
 respondents.
 Both
 parties
 indeed
 agreed
 to
 submit
 the
 issue
 of
 validity
 of
 the
 dismissal
 of
 petitioner
 to
 the
 jurisdiction
 of
 the
 voluntary
 arbitrator.
The
employee’s
waiver
of
her
option
to
submit
her
 case
 to
 grievance
 machinery
 did
 not
 amount
 to
 relinquishing
 her
right
to
avail
herself
of
voluntary
arbitration.
 • Structure
and
procedure
 Voluntary
arbitration
 • Where
 the
 grievance
 remains
 unresolved,
 either
 party
 may
 serve
 notice
upon
the
other
of
its
decision
to
submit
the
issue
to
voluntary
 arbitration
 • If
the
party
upon
whom
the
notice
is
served
fails
or
refuses
to
respond
 favorably
within
7
days
from
receipt
thereof,
the
voluntary
arbitrator
 or
 panel
 of
 voluntary
 arbitrators
 designated
 in
 the
 CBA
 shall
 commence
voluntary
arbitration
proceedings...
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