Question & AnswerQ&A (NCMB REVISED PROCEDURAL GUIDELINES)
They are known as the NCMB Revised Procedural Guidelines in the Conduct of Voluntary Arbitration Proceedings.
To promote voluntary arbitration as a preferred mode of labor or industrial dispute settlement and as an integral component of the collective bargaining process, in accordance with the Labor Code of the Philippines.
Pertinent provisions of the Guidelines and the Revised Rules of Court shall apply by analogy or in a directory or suppletory character and effect.
Voluntary Arbitration refers to the mode of settling labor-management disputes in which parties select a competent, trained and impartial third person who decides on the merits of the case and whose decision is final and executory.
Any person accredited by the NCMB as such, or named/designated in the collective bargaining agreement by the parties, or chosen by the parties with or without the Board's assistance, or appointed by the Board if a party refuses to submit to voluntary arbitration. This includes a panel of voluntary arbitrators.
A written agreement by the parties submitting their case for arbitration containing the issues, the chosen arbitrator, and stipulation to abide by and comply with the resolution including the cost of arbitration.
The voluntary arbitrator has exclusive and original jurisdiction over unresolved grievances arising from collective bargaining agreements, company policies, wage distortion issues, and productivity incentive programs. They may also, upon party agreement, hear other labor disputes including unfair labor practices and bargaining deadlocks.
A Notice to Arbitrate is served upon the unwilling party, with copies to the permanent arbitrator and NCMB regional branch, and arbitration proceedings commence after seven days if no response is received.
To require attendance at hearings, subpoena witnesses and documents, take necessary actions to resolve disputes, issue writs of execution to enforce decisions, and inquire into the correctness of execution among others.
No, the decision of the voluntary arbitrator is final, executory, and not subject to motions for reconsideration.
Within the period agreed upon by the parties and the arbitrator during the initial conference, but in no case exceeding twenty calendar days from submission for decision.
The Board may discipline the arbitrator, and in case of delisting, the arbitrator shall turn over the records of the case to the Board within ten calendar days from demand.
They are non-litigious in nature, not bound by technical court rules, but must comply with due process.
The conference is terminated and the parties are ordered to submit position papers within ten calendar days, otherwise, the case is deemed submitted for decision based on the records.
A motion to enforce/execute the award is filed with the arbitrator who may issue a writ of execution requiring enforcement through the sheriff of the NLRC or courts, and a pre-execution conference is scheduled. Execution follows the NLRC manual and relevant guidelines.
No, execution is not stayed unless a temporary restraining order or injunction is issued by the Court of Appeals or the Supreme Court.
Parties must submit copies of submission agreements and pleadings to the NCMB Regional Branch. Voluntary arbitrators must furnish copies of decisions/orders and submit quarterly status reports on cases handled.
Parties may appear personally or by representatives who must be duly authorized in writing or be practicing attorneys at law.
The arbitrator must exert best efforts to conciliate or mediate the parties towards a voluntary settlement before proceeding with arbitration.