QuestionsQuestions (NCMB REVISED PROCEDURAL GUIDELINES)
They implement the Labor Code provisions (Arts. 260-262 as amended) to govern proceedings before a voluntary arbitrator, promote voluntary arbitration as a preferred mode of settling labor disputes, and ensure due process, while being non-litigious and flexible (not strictly governed by technical court rules).
Voluntary arbitration is a mode where parties select a competent, trained, and impartial third person to decide the merits; the arbitrator’s decision is final and executory.
An accredited arbitrator by the Board, or one named/designated in the CBA by the parties, or one chosen by the parties with or without NCMB assistance under a selection procedure in the CBA, or appointed by the Board when parties fail/refuse to submit. It includes a Permanent Arbitrator and an Ad-hoc Arbitrator.
A complaint arising from interpretation or implementation of the CBA, or from interpretation/enforcement of company personnel policies, personnel policies, and established practices, or other controversies involving employer-employee relationship.
All pleadings are filed directly with the chosen voluntary arbitrator at his/her designated business/professional office, with a copy furnished to the NCMB Regional Branch that has jurisdiction over the complainant’s workplace.
Service may be through personal service or by registered mail. If a party is represented, service is made on counsel/authorized representative. Service by registered mail is complete upon receipt by the addressee or his agents.
They are presumed to have full authority to bind clients/principals on procedural matters, but they cannot—without a special power of attorney or expressed consent—enter into any compromise agreement that discharges a claim, wholly or partially.
(1) Unresolved grievances from interpretation/implementation of the CBA; (2) unresolved grievances from implementation/enforcement of company personnel policies; (3) wage distortion issues arising from application of wage orders in organized establishments; and (4) unresolved grievances from interpretation/implementation of productivity incentive programs under RA 6971.
If grievances are not settled or resolved within seven (7) calendar days from submission to the last step of the grievance machinery, they automatically get referred to voluntary arbitration as prescribed in the CBA.
They are decided by the voluntary arbitrator upon referral pursuant to Article 261 of the Labor Code (as amended by RA 6715 and relevant Department Order).
When the parties agree to submit such disputes to voluntary arbitration, either before or at any stage of the compulsory arbitration process.
The case is heard and resolved by a sole arbitrator, unless the parties agree otherwise.
(1) Upon receipt of a Submission Agreement signed by both parties; (2) upon receipt of a Notice to Arbitrate in case of refusal by one party; or (3) upon receipt of an appointment/designation by the Board when parties fail to select an arbitrator or when a party does not favorably reply within seven (7) days, or no named arbitrator exists in the CBA.
Agreement to submit to arbitration; specific issue(s) to be arbitrated; name of the arbitrator; names/addresses/contact numbers of the parties; and agreement to perform/abide by the decision.
A Notice to Arbitrate is served on the unwilling party and copied to the permanent arbitrator (if any) and the NCMB Regional Branch with jurisdiction. After lapse of the 7-day response period, the permanent arbitrator(s) immediately commences proceedings. If there is no permanent arbitrator in the CBA, the Board appoints a voluntary arbitrator who immediately commences upon receipt of the appointment.
It must include: names/addresses/contact numbers of the party being notified; the CBA arbitration clause; the specific issue(s) or dispute(s) to be arbitrated; the relief sought; and the name/address/contact details of the initiating party.
The decision must be rendered within the period agreed upon by the parties and arbitrator during the initial conference, but in no case more than twenty (20) calendar days from submission of the case for decision.
No. The decision is not subject of a motion for reconsideration; it becomes final and executory after ten (10) calendar days from receipt of a copy by the parties.
A motion to enforce/execute the award may be filed with the voluntary arbitrator who may issue a writ of execution. If the arbitrator is unavailable/incapacitated, the motion is filed with the Labor Arbiter in the region having jurisdiction over the workplace.
No. Execution is not stayed unless the CA or Supreme Court issues a temporary restraining order (TRO) or injunction pending resolution.