grievance & arbitration

8/8/2019 Grievance & Arbitration

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Charmaine Lei A. de Roma

Joanne G. Enguerra



Article 260, Grievance Machinery and Voluntary Arbitration

- The parties to a COLLECTIVE BARGAINING AGREEMENT shall includetherein provisions that will ensure the mutual observance of its terms andconditions. They shall ESTABLISH A MACHINERY for the adjustment andRESOLUTION OF GRIEVANCES arising from the interpretation orimplementation of their COLLECTIVE BARGAINING AGREEMENT and thosearising from the interpretation or enforcement of company personnelpolicies.

- All GRIEVANCES submitted to the grievance machinery which are notsettled within SEVEN (7) CALENDAR DAYS form the date of its submissionshall AUTOMATICALLY be referred to VOLUNTARY ARBITRATIONprescribed in COLLECTIVE BARGAINING AGREEMENT.

- COLLECTIVE BARGAINING AGREEMENT shall NAME & ADVANCE aVOLUNTARY ARBITRATOR or PANEL OF VOLUNTARY ARBITRATORS, orinclude in the agreement a procedure for the selection of suchVOLUNTARY ARBITRATOR or panel of VOLUNTARY ARBITRATORS,preferably from the LISTING OF QUALIFIED VOLUNTARY ARBITRATORS dulyaccredited by the Board.



Terms to Ponder Grievance – any question by either the employer or the

union regarding the interpretation or application if thecollective bargaining agreement or company personnelpolicies or any claim by either party that the other partyis violating any provision of CBA or company personnelpolicies.

Voluntary Arbitration – is defined as a contractualproceedings where the parties to a dispute select a judgeof their own choice and by consent submit their

controversy to him for determination- refers to the mode of settling labor-management disputes

by which the parties select a competent, trained andimpartial person who shall decide on the merits of thecase and whose decision is final, executory and binding.



Terms to Ponder Arbitrator – judge in voluntary arbitration

Labor Arbiter – judge in compulsory arbitrations



RULE XIX: Rules implementing the Labor CodeSection 1. Establishment of grievance machinery

The parties to a collective bargaining agreement shall establish amachinery for the expeditious resolution of grievances arising fromthe interpretation or implementation of the CBA and those arising

form the interpretation and enforcement of company personnelpolicies.

A grievance committee shall be created within 10 calendar days fromthe signing of the CBA in the absence of applicable provision in theCBA.

The committee shall be composed of at least two (2) representatives

each from the member of the bargaining bargaining unit and theemployer, unless otherwise agreed by the parties.

Representative from among the members of the bargaining unit shallbe designated by the union.



Section 2. Procedure in Handling Grievance

a.) An employee shall present this grievance of complaintorally or in writing to the shop steward. Upon receiptthereof, the shop steward shall verify the facts anddetermine whether or not the grievance is valid.

b.) If the grievance is valid, the shop steward shallimmediately complaint to the employee’s immediatesupervisor. The shop steward, the employee and hisimmediate supervisor shall exert efforts to settle thegrievance at their level.

c.) If not settlement is reached, the grievance shall bereferred to the grievance committee which shall haveten(10) days to decide the case.



Section 3. Submission to voluntary arbitration

- notice shall state issue or issues to be arbitrated

- failure to respond from the 7 days from receipt thereof,voluntary arbitrators shall commence voluntary arbitration

hearings- if parties fail to select arbitrators, the regional branch of Board shall designate voluntary arbitrator



PROCESS AND PROCEDURE

Grievance

Machinery

Voluntary

Arbitration

Labor

Management

Dispute

Not settled in 7

Calendar days



ARTICLE 261. JURISDICTION OF VOLUNTARY ARBITRATORSOR PANEL OF VOLUNTARY ARBITRATORS

Exclusive and original jurisdiction to hear and decide all grievances:

1. Arising from the implementation or interpretation of the collectivebargaining agreements;

2. Arising from the interpretation or enforcement of company personnelpolicies;

3. Wage distortion issues arising from the application of any wage orders in

organized establishments Par. 4, Art. 124, RA 6727);4. Unresolved grievances arising from the interpretation and

implementation of the productivity incentive programs under RA 6971.



ARTICLE 261. JURISDICTION OF VOLUNTARY ARBITRATORSOR PANEL OF VOLUNTARY ARBITRATORS

Concurrent jurisdiction

Any other labor dispute upon agreement of the party may be submitted toa voluntary arbitrator or panel of voluntary arbitrators.

Before or at any stage of the compulsory arbitration process, the partiesmay opt to submit to their dispute to voluntary arbitration.

The NLRC and its Regional Branches as well as the Regional Directors of

the DOLE are prohibited from entertaining disputes, grievances or mattersunder the exclusive and original jurisdiction of the voluntary arbitrator orpanel of voluntary arbitrators. They shall immediately dispose and referthe same to the appropriate grievance machinery or voluntary arbitrationprovided in the collective bargaining agreement.



FREQUENTLY ASKED QUESTIONS (FAQ’S)

1. Is grievance procedure vital and important?

- YES! It is actually a MUST provision in any CBA; without it the CBA IS NOTREGISTRABLE.

2. What is the present national policy on labor dispute settlement?

A. 1987 constitution, Sec. 3 Article XIII provides:

“The State shall promote the principle of shared responsibility betweenworkers and employers and the preferential use of voluntary modes in

setting disputes, including conciliation, and shall enforce their mutualcompliance therewith to foster industrial peace.”




B. Labor Code as amended by RA 6715

Article 211 of the Code provides, among others: (a) “....It is the policy of the State... to promote and emphasize the

primacy of free collective bargaining and negotiations, includingvoluntary arbitration, mediation and conciliation, as mode of settlinglabor or industrial disputes.” (b) “ To provide an adequate administrative machinery for theexpeditious settlement of labor or industrial disputes”.

3. When there is grievance?- There is a grievance when a dispute or controversy arises over the

implementation or interpretation of a collective bargaining agreement orfrom the implementation or enforcement of company personnel policies




4. Could there be a grievance without Union or CBA?

- Yes! Any dispute or controversy respecting terms and conditions of employment which an employee or group of employees may present tothe employer can be a grievance, even without a union or CBA.

5. Are all grievance arising from the implementation or interpretation of the collective bargaining agreement and/or interpretation andenforcement of company personnel policies compulsorily subject tothe grievance machinery?

- Yes! This is clear in Article 260 and 261.

6. What usual provisions of a collective bargaining agreement whoseviolation/s arising from interpretation and implementation, mayconstitute grievance/s or the so-called rights disputes?




- Non – economic provisions like no-strike-no-lockout, union security,management security, check-off clauses, grievance procedures

- Economic provisions wage rates, paid vacations, pensions, health andwelfare plans, penalty premiums and other fringe benefits.

7. What are personnel policies and what are the matters usually coveredby such policies, whose wrong from enforcement and interpretationmay constitute grievance/s or other sources of rights disputes?

- Procedures in the administration of wages, benefits, promotions,transfers and other personnel movements which are usually not spelled

out in the collective agreement. The usual source of grievances ,however, is the rules and regulations governing disciplinary actions.




8. What violations of the usual norms of personnel conduct or behavior of employees may constitute grievances often referred to as disciplinecases?

a. Against a Person – physical injury, assault, homicide, murderb. Against Property – misuse of property, damage of property, theftand robbery, negligence in the use of property

c. Orderliness and Good Conduct

d. Attendance and Punctuality – timekeeping violations, tardiness,undertime, AWOL

e. Morality – immorality, sexual harrasment

f. Conflict of Interest – conflict of interest

g. Non performance – insurbodination, negligence of duty,inefficiency, malingering, carelessness, poor quality,

h. Honesty and integrity



Powers of Voluntary Arbitrators or Panel of Voluntary Arbitrators

To hold hearings;

To receive evidence;

To take whatever action is necessary to resolve the issue/s subject of the

dispute; To conciliate or mediate to aid the parties in reaching a voluntary

settlement of the dispute;

To issue a writ of execution to enforce final decisions, orders, resolutionsor awards.



PROGRAMS AND SERVICES

1.Conciliation – Mediation Program

2.Grievance Settlement and Voluntary Arbitration

3.Workplace Relations and Enhancement (formerly LMC

Program)



The voluntary Arbitrator or panel of Voluntary Arbitrators, upon

agreement of the parties, shall also hear and decide all otherlabor disputes including unfair labor practices and bargaining

deadlocks



The Voluntary Arbitrator or panel of VoluntaryArbitrators shall have the power to hold hearings,receive evidences and take whatever action is

necessary to resolve the issue or issues subject to thedispute, including efforts to effect a voluntarysettlement between the parties.



*It shall be mandatory for the Voluntary Arbitrator or

panel of Voluntary Arbitrators to render an award or

decision within 20 calendar days from the date of

submission of the dispute to voluntary arbitration.

*Arbitrator’s decision is “final and executory” after 10

days from receipt of such decision



The parties to a CBA shall provide a proportionatesharing scheme on the cost of voluntary arbitration

including the Voluntary Arbitrator’s fee – taking intoaccount the following factors:

A.Nature of the case

B.Time consumed in hearing the caseC.Professional standing of the Voluntary Arbitrator

D.Capacity to pay of the parties

E.Fees provided for in the Revised Rules of Court

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