Title
Guidelines for Accrediting Voluntary Arbitrators
Law
Ncmb
Decision Date
Nov 15, 1999
The NCMB establishes revised guidelines for the accreditation and de-listing of voluntary arbitrators, outlining qualifications, application requirements, training protocols, and procedures for both voluntary and involuntary de-listing to ensure professional standards in labor-management dispute resolution.
A

Legal basis and central nature of accreditation

  • Accreditation and de-listing of voluntary arbitrators are established as a centralized undertaking of the NCMB.
  • All recommendations for accreditation and de-listing, including pertinent documents, must be submitted to the Central Office through the Voluntary Arbitration Division for initial evaluation and review.

Purpose of accreditation and accreditation renewal

  • Accreditation of an individual as voluntary arbitrator is conditioned on meeting all qualifications prescribed by the NCMB.
  • If the applicant is found qualified, accreditation is granted with the understanding that it is renewable every five (5) years.
  • Before accreditation renewal, the NCMB requires submission of updated credentials including an affidavit confirming no pending moral-turpitude criminal case.
  • Renewal depends on the NCMB’s thorough review of new credentials, records, and the arbitrator’s performance, including case disposition and participation to NCMB programs and activities and voluntary arbitration.
  • The NCMB decides whether to issue or not a certificate renewing accreditation for another five (5) years.

Qualifications to be accredited

  • An accredited voluntary arbitrator must be a Filipino citizen residing in the Philippines.
  • The applicant must hold at least a Bachelor’s degree, preferably relevant to Labor and Social Relations, Economics and related fields of study.
  • The applicant must have at least five (5) years’ experience in the field of Labor-Management relations.
  • The applicant must have no pending criminal case involving moral turpitude.

Application and supporting requirements

  • Applicants must submit an application letter to the NCMB or any of its Regional Branches.
  • Applicants must include an updated bio-data.
  • Applicants must submit two (2) copies of 2" x 2" black and white picture.
  • Applicants must submit either a photocopy of Diploma or Certificate of Graduation from Baccalaureate Degree or a photocopy of License if the applicant is a lawyer, CPA or other Board Professionals.
  • Applicants must submit a Certificate of Employment from present employer (if applicable).
  • Applicants must submit an affidavit stating that applicant has no pending criminal case involving moral turpitude.
  • Applicants must submit Three (3) Character References.

Pre-accreditation training and briefing requirements

  • Applicants who meet the minimum qualifications must undergo a pre-accreditation training program.
  • The training must be designed jointly by the NCMB and the Philippine Association on Voluntary Arbitration, Inc. (PAVA).
  • The training must equip prospective arbitrators with basic knowledge, skills, and value orientation necessary to perform the responsibilities and functions of an accredited voluntary arbitrator.
  • Applicants with adequate experience and exposure in arbitration and labor-management relations must undergo only a briefing/orientation in lieu of pre-accreditation training.

Grant of accreditation; oath and role

  • Upon satisfactory completion of training, the NCMB issues a Certificate of Accreditation bearing the arbitrator’s Accreditation Number.
  • After issuance of the Certificate of Accreditation, the new voluntary arbitrator must formally take an Oath of Office and sign the Roll of Accredited Voluntary Arbitrators.
  • Once accredited, a voluntary arbitrator may serve as such in any region.
  • For administrative supervision, the voluntary arbitrator must continue to be enrolled in the list of accredited voluntary arbitrators in the region where they are accredited.

Voluntary de-listing and inactive status

  • A voluntary arbitrator may signify an intention to be de-listed from the Roll of Accredited Voluntary Arbitrators based on any ground.
  • A voluntary arbitrator with pending cases must secure clearance from the Board before de-listing.
  • The NCMB maintains an inactive list of Accredited Voluntary Arbitrators.
  • The inactive list includes those who voluntarily requested inactive status, and those elected or appointed to government position who lack material time to perform actual duties and functions as arbitrator.

Grounds for involuntary de-listing and standards

  • Accreditation may be revoked after due process when any of the following grounds arises:
    • Misrepresentation or falsification in the application for accreditation.
    • Commission of a crime involving moral turpitude.
    • Violation of the terms and conditions of Accreditation.
    • Continuous or consistent lack of interest, such as failure to attend national and chapter assemblies of PAVA and continuing professionalization programs jointly sponsored by NCMB and PAVA.
    • Violation of the NCMB Code of Professional Responsibility for Accredited Voluntary Arbitrators of Labor-Management Dispute.
    • Repeated and flagrant delay in rendering and submitting decisions and/or awards.

Involuntary de-listing procedure at NCMB level

  • The NCMB may initiate de-accreditation proceedings motu propio even without any complaint against an arbitrator.
  • An arbitrator must receive at least sixty (60) days notice before de-listing unless the NCMB Executive Director has justifiable reason that warrants immediate action to avoid undue damage and prejudice to the public.
  • If immediate action is warranted, the arbitrator may be suspended pending final determination of de-listing in accordance with the procedures in the guidelines.
  • The voluntary arbitrator subject of a de-listing complaint must be given the opportunity to submit a written response and evidence (oral or documented) explaining why accreditation should not be cancelled.
  • All complaints leading to de-listing must be decided by the NCMB within 30 calendar days from filing of the complaint.
  • The decision on de-listing becomes final and executory upon receipt by the arbitrator of the decision.

PAVA-initiated investigations and NCMB action

  • The PAVA may initiate formal investigations involving complaints affecting its members under PAVA’s internal rules of discipline, subject to due process requirements.
  • Decisions imposing disciplinary action short of de-listing must be submitted to the NCMB for record purposes and dissemination to NCMB regional branches.
  • If the recommended sanction is de-listing of a member-arbitrator, the PAVA must transmit its report of findings and recommendations to the NCMB.
  • The NCMB must evaluate the PAVA report and take the appropriate action under the procedures in the guidelines.

Implementation mechanics through NCMB division

  • Initial evaluation and review of recommendations and documents for accreditation and de-listing must be conducted at the Central Office through the Voluntary Arbitration Division.
  • The overall regulatory and administrative function over accredited voluntary arbitrators is exercised by the NCMB, including initiation of de-accreditation proceedings.

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