GRIEVANCE MACHINERY AND VOLUNTARY ARBITRATION

All grievances submitted to the grievance machinery which are not settled
within seven (7) calendar days from the date of its submission shall automatically
be referred to voluntary arbitration prescribed in the CBA.

ARTICLE 1702 CIVIL CODE

In case of doubt, all labor legislation and all labor contracts shall be construed in
favor of the safety and decent living for the laborer.

PROPOSAL CONTAINED IN MINUTES

A proposal mentioned in the negotiation minutes but not embodied in the
collective bargaining contract itself is not part of the CBA. It cannot serve as basis of
a charge of violating the CBA or of bargaining in bad faith.

ZIPPER CLAUSE
A device to forestall negotiation proposals after the CBA has been signed. It is a
stipulation in a CBA indicating that issues that could have been negotiated upon but
not contained in the CBA cannot be raised for negotiation when the CBA is already
in effect.

It is even conceded that a laborer can claim benefits from a CBA entered into
between the company and the union of which he is a member at the time of the
conclusion of the agreement, even after he has resigned from said union.

When a collective agreement is concluded between a labor union and an

employer, the members of the labor union are precluded from entering into
individual contracts of employment unless such agreement merely fixes wages and
working conditions.

GENERAL RULE
Labor contracts are not enforceable against a transferee of an enterprise
because such contracts being in personam, thus binding only between the parties.
EXCEPTION
The purchaser of assets is liable if the transaction is colored or clothed with bad
faith.

WILEY DOCTRINE
A duty to arbitrate arising from a collective bargaining agreement survives the
employers ceasing to do business as a separate entity after its merger with a
substantially large corporation where relevant similarity and continuity of operations
across the change in ownership is evidenced by the whole sale transfer of the
smaller corporations employees to the larger corporations plant.

But a duty to arbitrate arising from CBA does not survive in every case in which
the ownership or corporate structure of an enterprise is changed. It does not survive
where there is lack of any substantial continuity of identity in the business
enterprise.

SUBSTITUTIONARY DOCTRINE
When there occurs a shift in employees union allegiance after the execution of
the contract, the latter continues to bind them up to its expiration date. The
employees cannot revoke the validly executed collective bargaining contract with
their employer by the simple expedient of changing their bargaining representative.
Nevertheless, the new agent may bargain for the shortening of the contract period.

A CBA will not be registered with the DOLE if it does not contain a provision
on grievance procedure which is a must provision required of all CBAs.

Walker v. Southern Railway, 52 LC 24, 071

A Court should not entertain any complaint by an aggrieved employee
until proper use has been made of the contract grievance procedure
agreed upon by employer and the bargaining representative.
COMPULSORY ARBITRATION is the process of settlement of labor disputes by a
government agency which has the power to investigate and make an award bind
upon the parties.

NCMB GUIDELINES
The Voluntary Arbitrator shall have the following powers:
(1) To require any person to attend hearing;
(2) To subpoena witnesses;
(3) To take whatever action is necessary to resolve the issue;
(4) To issue a writ of execution to enforce final decisions.
ADJUDICATORY POWER
Voluntary Arbitrator has the power to hold hearings and receive evidence.
COMPULSORY POWER
The power to require any person to attend hearings as a witness.

MINIMUM CRITERIA FOR ACCREDITATION AS VOLUNTARY ARBITRATOR

1. A Filipino citizen residing in the Philippines;
2. A holder of a Bachelors Degree in any field of behavioral or applied sciences;
3. At least five (5) years experience in labor-management relations;
4. Completion of a training course on voluntary arbitration;
5. A person of good moral character; (no moral turpitude offense)

Gross violation of CBA shall mean flagrant and/or malicious refusal to comply
with the economic provisions of such agreement.

ARBITRABLE DISPUTES
Arbitration applies to two kinds of disputes:
(1) Contract-negotiation disputes are disputes as to the terms of a collective
bargaining agreement.
(2) Contract-interpretation disputes are disputes arising under an existing
CBA, involving such matters as the interpretation and application of the contract, or
alleged violation of its provisions.
Number 1 is known as arbitration of interest.
Number 2 is known as arbitration of grievance.

The Voluntary Arbitrator, upon agreement of the parties, shall also hear and
decide all other labor disputes including unfair labor practice and bargaining
deadlocks.
Employment termination disputes arising from CBA or personnel policy
implementation are cognizable by a voluntary arbitrator and not a labor arbiter.

Silva, et al. v. NLRC and Philtread, G.R. No. 110226 (1997)

For a ULP case to be cognizable by the Labor Arbiter, and the NLRC to
exercise its appellate jurisdiction, the allegations in the complaint should
show prima facie the concurrence of two things, namely:
(1) Gross violation of the CBA; and
(2) The violation pertains to the economic provisions of the CBA.

FROM VA TO CA
An appeal from the decision of a voluntary arbitrator falls within the exclusive
appellate jurisdiction of the Court of Appeals. The mode of appeal is Petition for
Review under Rule 43.
It is not Rule 65 because a petition for certiorari under that Rule lies
only where there is no appeal and no plain, speedy and adequate remedy
in the ordinary course of law.

AMA Computer College-Santiago City v. Nacino, G.R. No. 162739 (2008)

The Court cited situations when petition for certiorari, despite
availability of appeal, may be entertained, such as:
(1) When public welfare and advancement of public policy dictates;
(2) When the broader interest of justice so requires;
(3) When the writs issued are null and void;
(4) When the questioned order amounts to an oppressive exercise of
judicial authority.

FACTORS IN FIXING OF FEE FOR VOLUNTARY ARBITRATORS

1. Nature of the case;
2. Time consumed in hearing the case;
3. Professional standing of the Voluntary Arbitrator;
4. Capacity to pay of the parties; and
5. Fees provided for in the Revised Rules of Court.