Dismissal and Referral Procedures for Cases Filed Before Labor Arbiters
- If termination cases covered by the above jurisdictional rule are filed before a Labor Arbiter, the Labor Arbiter is mandated to dismiss such cases for lack of jurisdiction.
- Upon dismissal, the Labor Arbiter must refer the case to the appropriate regional branch of the National Conciliation and Mediation Board (NCMB).
- The NCMB Regional Branch is tasked to facilitate the expeditious selection of a voluntary arbitrator or a panel of arbitrators.
- The parties will select the voluntary arbitrator(s) based on procedures agreed upon in their collective bargaining agreement.
Policy Objective and Legal Basis
- The guidelines underline the primacy of free collective bargaining, negotiation, voluntary arbitration, mediation, and conciliation as preferred modes for settling labor and industrial disputes.
- These guidelines are consistent with the Labor Code's policies promoting alternative dispute resolution methods.
- Articles 217(c) and 261 of the Labor Code serve as the legal foundation for assigning jurisdiction to voluntary arbitrators over specified termination cases.
Immediate Effectivity
- The guidelines took effect immediately upon issuance on April 6, 1993.
- Issued by the Secretary of Labor and Employment, reinforcing the official policy stance and procedural requirements for handling termination cases arising under collective bargaining agreements.