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  • Labor Relations Part 5

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    Red Velvet
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    SAN BEDA MEM AID ON LABOR RELATIONS

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    SAN BEDA MEM AID ON LABOR RELATIONS

    Direitos autorais:

    © All Rights Reserved
    Baixe no formato PDF ou leia online no Scribd
    Sinalizar o conteúdo como inadequado
    10 visualizações13 páginas

    Labor Relations Part 5

    Enviado por

    Red Velvet
    SAN BEDA MEM AID ON LABOR RELATIONS

    Direitos autorais:

    © All Rights Reserved
    Baixe no formato PDF ou leia online no Scribd
    Sinalizar o conteúdo como inadequado
    de 13
    ‘THE RULES OF PROCEDURE OF THE SINGLE ENTRY APPROACH (SENA) D.0. 107 (2010) EFFECTIVE MARCH 8, 2011 RULE |. CONSTRUCTION AND DEFINITION OF TERMS Construction , It shall be construed in a manner that shall result in 2 just, expeditious, and inexpensive settlement of, labor disputes through concilition-mediation’ (Sec. 1). * } Lee Definition of Terms.) _ Single Entry Approach (SEnA) refer administrative approach to provide, a “spegdy.. .. impartial, inexpensive™and. accessibj¢ ‘settlement: <3 {~ voluntary arbitration; and procedure of all labor issues Or conflicts to prevent them fom pening into Ribose (Sea 2) ete) The 30-day Mandatory, Conciliation-Mediation Period refers to the 30-calendar: days, maximuin period within which to conduct the proceddinigs ans to refer the issue fo appropriate ageney if ungettied (Sec. 2()). | i Requesting Party refers to employee, group. of employees, employer or union who files a-request for assistance (See. 2(@)) Responding Party refers ‘to employee, group_of employees, employer or union. requested to. appear for conciliation-mediation under SEnA (Sec. 2(0) Cases covered by SENA: (MUTE-O"-CIA) 1. Claims for any sum of Money regardless of amount; 2, Unfair Labor Practices; issues: 4. Any other claims arising from Employer Employee relationship; 5. OFW cases; ‘RULES ON SINGLE ENTRY APPROACH 3 }ccupational safety and health standards issues except those involving imminent danger situation; Issues arising from Other labor and related issuances (OLRI); Closure, __retrenchments, temporary lay-offs; Intra-union and redundancies, inter-union issues except petition for certification election after exhaustion of administrative remedies; and Cases falling under the Administrative and quasi-judicial jurisdiction of DOLE offices and attached agencies including NLRC. (Sec. 3) 10. Exceptions: a Notices of strikes or lockouts, preventive mediation cases — which shall remain with interpretation and enforcement of company 2 {2 personnel policies “which should be on ga Rfocgsged through, grievance machinery and Issues. involving. Violations of the following “perinits, licenses or registrations: © 1. “Alieni Employment Permit (AEP); li Wage distortion is‘a situation where an increase in prestribéd’wage rates, results in the elimination or Sevérg contraction of intentional quantitative difference in: “wage, or salary rates between employee giups~in an establishment as to effectively biterate the wage distinctions based on ills, Iengthof- Service, or Sioroniation(See. 10). nn (2a Bases of Productivity incentive programs is a formal agreement voluntarily established by the labor- management commitiee containing a productivity improvement program that will promote gainful employment, improve working conditions, mainta industrial peace and result in increased productivit, including cost savings, as well as a productivity ‘gainsharing program (Sec. 1(m)). i MEMBERS ADVISERS ATTY. JoyRic LAN oe AE eis 9 fouNeeS arte CABLING, MARLON a Charperynn for Gucte, EROL STEPHEN B. relations, KIM NYCA ie GANAEL, DIOMDELIA PISEE vice etumtpersom tor eletronic data LOFRANCO browsing, PATWICK SIMPHEN M, CUA legislation and special laws, GAARA Meeebuirperson fat logistles, MAICA Mali 8. PAMVELA vwerchairperson for rove BoVERGARA, Malia soot Sata Sti age M. TOMARONG ~N RULE Ill: PLEADINGS AND APPEARANCE Where to File Pleadings Pleadings shall be filed directly with the chosen voluntary arbitrator at his designated business or professional office copy furnished the Regional Branch of the Board having jurisdiction over the ‘workplace of the complainant (Sec. 2). Service of Copies of Pleadings ‘The copy or copies of the pleadings shall be served to the opposing party or parties (Sec. 3). Sorvice of Pleadings, Notices and Awards The copies may be served through personal service or by registered mail on the parties. If represented by counsel, service should be made.to the latter (Sec. 4). ere aby Representations >!) bom es Parties may personally sppear in theit’own behalf ‘or by representative, vho must be duly alithofized { to appear in writing ot-a(practicing attomey-at-law. Change in address of-colunsel Shall bé,rhade: of record and the party property informed (See. 5).. Limitation on Authority Bind Party [| Attorney and other représehidtives of parties'shall be presumed to have the-full authority td, birid their clients or principals in all Mnaitets of procedure; but they cannot, without a special power of attorney or expressed consent, enter” iff a ‘compromise agreement with the oppositig party n:full.or partial discharge of a client's or principals claim (Sec. 6). a es RULE IV: JURISDICTION) OF VOLUNTARY ARBITRATOR Ve, § Exclusive and Original Ju : Voluntary arbitator shall exercise ‘exclusive and orginal jurisdiction over cases involving: (CP-WP) 1. All unresolved grievances ~arising/ from the interpretation or implementation of GBAy 2. All unresolved grievances. arshig."fom the implementation or enforcement oftcompany’ personnel Policies; ¥ 3. All Wage distortion issues arising froin’ the application of any wage orders iv orseniceg establishments, and AI unresolved grievances arising from the iterpretaton. and "implementation ofthe Broductvity incentive. progra Broetviy Programs under RA Referral to Voluntary Arbitrators, 1. All grievances not settled or seven (7) calendar days Submission for resolution shail a referred to voluntary arbitration, resolved within from date of wulomatically be SAN BEDA COLLEGE OF Law 220 2016 CenTRatizeo Bar Operations 2. Cases falling within the exclusive and original jurisdiction of voluntary arbitrators but filed either with NLRC and its regional branches or the Regional Directors of DOLE or with the Board and its branches, shall be decided by the Voluntary Arbitrators upon referral of said cases pursuant to Article 261 of the Labor Code, Par. 2 (Sec. 1 Pars. 2 and 3). (See Page 212 for Flowchart about Submission to Voluntary Arbitration) Concurrent Jurisdiction The Voluntary Arbitrator, upon agreement of the parties, shall also hear and decide all other labor disputes including ULP and bargaining deadlocks. Before. or any stage of compulsory arbitration +5 process,"parties to a labor dispute may agree to ‘submit their case to Voluntary Arbitrator (Sec. 2). When jurisdiction is exercised: £3 ERNE Voluntary Arbitrator shall exercise jurisdiction: { “Upon! receipt of a submission agreement duly (C3 Fsigned by'both patties: ~ mum, UPON. feceipt ofthe notice to arbitrate when “there is refusal from_of party; or 3, Upon receipt of an. appointment/designation as © = voluntary arbitrator by the board in either of the +S Hfollowings? a.‘ When parties failto select an arbitrator; or “b.' In the absence of a named arbitrator in CBA and there is no reply within seven (7) = day&of party served with notice to arbitrate (Se. 4). -~7 f Ss ay oy | “SuNuinber of Arbitrators «lf ithe) CBA does” not specify the number of < .8tbitrators, thé case shall be heard and resolved by “a.sole-arbitrator (Sec. 3). Submission Agreement isa writion agreement by © parties submitting their case for arbitration (RULE, Soc. 1()) Content 1. “The agreement to submit to arbitration; 2 Speeifc issues; . 3.\Name of arbitrator; 4 Names, address and contact of the parties; and 8. The agreement to perf i Aocision (See, 5), Porm OF abide by the . 4 Aremsion to Arbitration through Notice to to Atbitrate is a ity to the ot Particular dispute in cose 4. Relief sought } = 2, Arbitration clause of CBA; 3. Specific Issues or disputes; Te 4. Name, address, and contact niimbiers, of itiating party requesting arbitration; and 5. Names, address and’contact details of t ‘upon whom notice is made (Sec.7). {| eA part RULE V: POWERS \AND.; DUTIES OF JA VOLUNTARY ARBITRATOR”, 6 1/ P23 & Duties , eS 4. Duty to conciliate and mediate. - - The arbitrator shall exert best efforts ormediate™ | to aid the parties in- reaching “a voluntary settlement of- the dispute, before proceeding with arbitration (Sec. 1). 4 2. Duty to encourage the. parties to enter: into stipulation of facts. OS) Meeeeet The arbitrator shall encourage’ the parties. to enter into a stipulation of:facts. to-facilitate-a speedy disposition of cases should, the parties ~ fail to reach a voluntary settlement (Sea: 2). Sey, @. Must be reduced in writing; a b. Must be signed by the parties; and ©. Shall form part of the records of the case (Sec. 2). Requisites for Stipulation of Facts Powers The voluntary arbitrator shall have the following powers to: 4. Require any person to attend hearing(s); 2) Subpoena witnesses and receive documents when the following have been demonstrated: 2. relevance of the testimony; and b. materiality of the testimony. 3, Take whatever action is necessary to resolve the issue(s) subject of the dispute; and 4. Issue a writ of execution to enforce final decisions, and, in connection therewith, it shall his duty to: a. Ensure satisfaction of decision; b. Inquire into the correctness of the exacution of the decision; . Consider any supervening event during such execution; and 4. Determine every question of fact and law Which may be involved in the execution (Sec. 3). RULE VI: PROCEEDINGS BEFORE VOLUNTARY ARBITRATOR Nature Proceedings are non-litigious in nature and not governéd"by technical rules applicable to court or judicial’ proceedings but must comply with the requirements of due process (Sec; 1). ig of Initial; Conferenge; Notice to Parties instivo (2) days frorp. receipt of the Submission ~ -Bafeeinens Nolee to Arbirate or Appointment, the rafor Shal{’'sét the date, time and place of the initial conference with due notice to the parties (Sec.2). St" Initial Conference(~2 = 4..-Parties: shall )beefipouraged to explore all possible. means.dteffecting a settlement; * 2: If parties arrive-‘at7an agreement, it shall be feduced. jn writing.and signed by the parties “before the Voluntary Arbitrator; and 3.The agreement shall form part of the decision = e880. Bf. Sham f VoluntaryZAr es}? Non-annsargnce Fof snonsappearance“of either parties for two consecutive conferences despite due notice, the Voluntary Asbitrator’Shall terminate the conference and,issue an. order requiring parties to submit their postion,papers thin 10 calendar days. from Feceipt of said-drder; otherwise, the case will be deemed: submitted for decision based on available fecords:onfile (Sec. 7). eS Submission of Position Papers and other Pleadings Position papers shall cover (SINS) 4, Simplified issues during the initial conference; 2. Issues and causes of action raised in the Submission agreeme: 3. Notice to arbitrate or appointments of Voluntary Atbitrator; and 4. Stipulation of facts (See. 8) RULE VII: DECISIONS Decisign is the final arbitral disposition of issue/s submitt8d to voluntary arbitration. It may take the form of a dismissal of a claim or grant of specific SAN BEDA CoLtece OF Law 2016 CENTRALIZED BAROPERATIONS 221 remedy, either by way of prohibition or. specific performance (Sec. 7). Rules on Decisions 1, Shall be rendered within the period agreed but, in no case to exceed 20 calendar days from submission (Sec. 2); 2. Final and executor after 10 calendar days from receipt of copy of the decision by parties; 3. Failure to render decision without justifiable grounds shall be sufficient ground for disciplinary action upon verified complaint of a Party to the case (Sec. 3); and 4. In the event that the parties finally settle their dispute during the pendency of the arbitration proceedings, the terms of settlement shall be teduced into writing and shall be adopted as the decision of the arbitrator (Sec. 4). Motion for Reconsideration = sf Decision of Voluntarys Arbitrator not subject to” ‘motion for reconsideration (Sec. 7). =~ Note: The Court held’that the Voluntary Afbitrdtor's * decision\ may stil be teconsidered on the basis of a.” motion for reconsideration seasonably-filed, within> : ten (10) days from receipt thereof. The seasonable filing of a motion for reconsideration is 4 mandatory ~ requirement to forestall the ‘finality of such decision (Teng v. Pahagac, 6.R. No. 169704; November 17, 2070). 7 The obvious intent of Congress is to provide an opportunity for the party adversely affected by the Voluntary Arbitrators decision to seek recourse via ‘@ motion for reconsideration.or a’petition for review under Rule 43 of the Rules.of Court filed. with the CA, Indeed, a motion for-reconsideration is the more appropriate remedy in line with the doctrine ‘of ‘exhaustion of administrative remedies. RULE Vill: EXECUTION OF PROCEEDINGS Enforcement of Decision oA) s in cases of non-compliance by” either. or ‘both parties, a motion to enforcelexecule the-award may be filed with the voluntary arbitrator who may issue 2 writ of execution requiring the following persons to execute the final decision: 1. Sheriff of the NLRG; 2. Sheriff of regular courts; or 3. Any public official whom the parties may designate in their submission agreement (Sec, ” Motion for the Issuance of Writ of Execution must be filed with: 1, Voluntary arbitrator; or 2. In case of the latter's incapacity, with the labor arbiter in the region having jurisdiction over the workplace (Sec. 1). San Beon ColLect OF Law 222 2016 CENTRALIZED BAR OPERATIONS Aggrieved party may file a petition for contempt or imposition of fines and penalties against the non-complying parties (Sec. 7). Effect of Filing of Petition for Certiorari with the SC or the CA on Execution it shall not stay the execution of the assailed decision unless a TRO or injunction is issued by the CA or SC pending resolution of such petition (Sec. §). Remedios of Arbitrators 1. Petition for Review under Rule 43 of the Rules of Court The general rule is that the proper remedy from decisions of voluntary arbitrators is a petition for review under Rule 43 of the Rules of Court (Leyte IV Electric Cooperative, ‘Ing, v. LEYECO IV Employees Union-ALU, “GR. No. 157775, October 19,-2007). Patition for a special civil action for Certiorari “Under Rule 65 of the Rules of Court. “Nonetheless, a special civil action for certiorari under-Rule ‘65 of the Rules of Court is the proper remedy for one who complains that the tribunal, board, or officer exercising judicial or quasi-judicial functions “acted in total disregard + 9f evidence material or decisive of the Controversy." in. addition, the extraordinary remedy of certiorari may be resorted to despite the availability of an, appeal when the broader interesis of justice so require (Id). from Decisions Voluntary RULE IX: REPORTORIAL REQUIREMENTS Styne Care ‘The parties shall submit to the concerned NCMB “Regional Branch 7-5 copy ofthe -agreement to submit to 5” Voluntary arbitration, if so entered into; and 2. A copy of all pleadings submitted (Sec. 1). ~The arbitrator shall Branch; ~ 12Two (2) copies of the decisions or orders immediately atter the issuance thereof; and 2 PoGuarterly status report of eases handled ec. furnish the NCMB Regional Maintonanee of Case Records The NCMB Regional Branch shall maintain the records of voluntary arbitration cases falling within their area of jurisdiction (Sec. 2) Turnover of Records he arbitrator shail turnover to the NCMB Regional Branch the entire records of the case within ten (20) days upon full and compicte satisfaction of the final arbitration case (See. 2) Handling Grlevances [7 see cHart on votunTaRy No -— ARBITRATION Employee with ‘when there is @ Permanent oe , nee Follow Rules in |_J- Resolved? ‘Arpirato (Page 219) me CBA YES when there i 10 permanent Arbtratr (Pane | a CG oy END with cB&A — NO Present Grievance | _,| Shop steward to (orally or in writing) the grievance to shop steward ) 7 Settle _ Shop stewar ‘grievance with Tee forward the Ah, av L) alles C3 ELL El Coomnteie 76 — edncerne, athe immediate. supervisor Resolved? —[LYES NO. SAN BEDA COLLEGE oF Law 2016 CENTRALIZED BAR OPERATIONS 223 When there is a Permanent Arbitrator - Named in the CBA (under DO 40-03) THE PARTIES After Exhaustion of Grievance Machinery and grievance remains unresolved = Within 7 days: from receipt of SD Notice to arbitrate,. 2 ~

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