Mediation and Arbitration in Labor and Tecy Disputes

Special mediators intervene upon advisement by the Director of Labor or directives from the Governor-General when controversies are imminent or arise.
Their role is to mediate and conciliate disputes related to wages, labor hours, tenancy, employment, strikes, or lockouts.
If mediation and conciliation fail, mediators encourage parties to submit to arbitration.

Voluntary arbitration requires a three-person board: a special mediator (chairman), a representative named by the landlord or employer, and a representative chosen by tenants, employees, or their labor organizations.
If there is no labor organization, the involved tenants or employees may select a committee to choose their arbitrator.

Must be in writing, specify that arbitration is under this Act's provisions, and signed by accredited representatives.
Must define the specific questions for arbitration and empower a majority of the board to issue binding awards.
Must set timelines for hearings and award issuance (default 30 days unless agreed otherwise).
Must specify the effective date, duration of the award, and obligations for faithful execution by parties.
Provides for filing of awards and related proceedings in the Court of First Instance for finality and conclusive effect except for errors of law.
May allow disputes on award interpretation to be referred back to the board or subcommittee.

Arbitrators must qualify, organize, and take an oath to fairly discharge duties.
They set procedural rules and require all testimony under oath.
The board can subpoena witnesses and documents, administer oaths, and seek court enforcement.
Arbitrators receive fees and travel expenses as appropriated.

Certified copies of awards are provided to parties and the Secretary of Justice.
Originals, including proceedings and testimony, are filed with the court clerk of the province where controversy arose.

Parties may jointly request the reconvening of the board for disputes about award interpretation.
The Secretary of Justice arranges reconvening and notifies respective parties.

Awards become effective and enforceable ten days after filing unless exceptions are filed.
Exceptions must be in writing, based solely on legal errors apparent on the record, and filed within ten days.
Courts hear exceptions promptly.
Appeals to the Supreme Court may be filed within ten days after Court of First Instance decision.
Supreme Court follows similar hearing procedures and issues final rulings.

Court decisions on exceptions lead to judgments accordingly.
If exceptions are sustained, awards may be set aside wholly or partly.
Parties may agree on judgments that replace awards, which shall have equivalent force and effect.

The Act does not compel tenants or employees to render personal service against their will.
No injunction or legal process can force performance of personal labor contracts without consent.

Tenants and employees have rights to representation in courts when receivers manage landlords’ or employers’ properties or businesses.
Modifications in contracts or wage reductions by receivers require court approval after proper notice and hearing.

Violations of the agreement terms or final awards may result in damages recoverable through ordinary legal actions.

Cases under this Act are given preferential hearing by the Court of First Instance and the Supreme Court.
Decisions are made as promptly as possible.