Law Summary
Definition of Terms
- "Board" refers to the National Conciliation and Mediation Board (NCMB) and regional branches.
- "Voluntary Arbitration" is a settlement method selecting an impartial third party, final and executory decision.
- "Voluntary Arbitrator" includes accredited persons or those named in collective bargaining agreements (CBAs), including permanent and ad-hoc arbitrators.
- "Collective Bargaining Agreement" (CBA) covers wages, work hours, terms, and conditions of employment.
- "Grievance" denotes complaints arising from CBA interpretation or company policies.
- Other terms defined include grievance procedure, submission agreement, notice to arbitrate, arbitration clause, wage distortion, and productivity incentive programs.
Pleadings and Appearance
- Parties are designated as complainant and respondent with full names stated in pleadings.
- Pleadings filed with the voluntary arbitrator and a copy furnished to the NCMB regional branch.
- Service of pleadings may be personal or by registered mail.
- Representatives must have written authorization or be practicing attorneys.
- Attorneys can bind clients on procedural matters but cannot enter compromise without special consent.
Jurisdiction of Voluntary Arbitrator
- Exclusive jurisdiction over unresolved grievances related to CBAs, company policies, wage distortion, and productivity programs.
- Concurrent jurisdiction over other labor disputes, including unfair labor practices with party agreement.
- Cases usually decided by a sole arbitrator unless otherwise agreed.
- Jurisdiction arises upon submission agreement, notice to arbitrate, or Board appointment.
- Submission agreement must specify issues, arbitrator, parties, and compliance agreement.
- Procedures exist for cases when one party refuses arbitration, including notice to arbitrate and Board appointment if necessary.
Powers and Duties of Voluntary Arbitrator
- Duty to conciliate or mediate before arbitration.
- Encouragement of a stipulation of facts to expedite cases.
- Power to require attendance, subpoena witnesses, receive documents, take necessary actions, and issue writs of execution.
- Responsibility to ensure decision enforcement and consider supervening events in execution.
Proceedings Before Voluntary Arbitrator
- Non-litigious and not bound by technical court rules but must observe due process.
- Initial conference set within two days from case receipt.
- Efforts to settle disputes encouraged; settlements incorporated into decisions.
- Parties required to stipulate uncontested facts.
- Arbitrator clarifies and simplifies issues.
- Jointly formulated ground rules on scheduling, submissions, postponements, cost, and decision period.
- Case may be deemed submitted for decision if parties fail to appear.
- Verified position papers with supporting evidence required.
- Clarificatory conferences or ocular inspections may be conducted.
- Proceedings need not be recorded unless requested, with costs for recording borne by requesting parties.
- Attendance limited to directly interested persons unless arbitrator permits otherwise.
Decisions
- Decision is final arbitral resolution granting or dismissing claims.
- Decision rendered within agreed period, not exceeding 20 calendar days from case submission.
- Failure to timely decide may lead to arbitrator discipline and case turnover to Board.
- Settlements during proceedings adopted as decision.
- Decisions must clearly state facts, law, and monetary awards with detailed computations.
- Decisions are final and executory after 10 calendar days.
- No motions for reconsideration allowed.
- Parties must comply voluntarily with decisions.
Execution Proceedings
- Non-compliance addressed by motion for writ of execution before arbitrator or Labor Arbiter if arbitrator incapacitated.
- Pre-execution conference required within two working days.
- Execution order issued only after final decision.
- Sheriffs or designated officers enforce writs following NLRC guidelines or Revised Rules of Court.
- Secretary of Labor and Employment designates special sheriffs.
- Filing a petition for certiorari does not stay execution unless court issues injunction.
Reportorial Requirements
- Parties must submit submission agreements and pleadings to the NCMB regional branch.
- Arbitrators must provide copies of decisions and quarterly status reports.
- NCMB regional branches maintain case records.
- Arbitrators must turn over records to the regional branch within 10 days after full decision satisfaction.
Date of Effectivity
- Guidelines effective 15 days after publication in a newspaper of general circulation.
This summary provides comprehensive coverage of the NCMB Revised Procedural Guidelines governing voluntary arbitration proceedings, including definitions, jurisdiction, procedural rules, powers, decisions, enforcement, and reporting requirements under Philippine labor law.