Voluntary Arbitration

The cases under the original and exclusive jurisdiction of the voluntary arbitrator are the following:

1.) Unresolved grievances coming from the interpretation and implementation of the CBA

2.) Unresolved grievances coming from the interpretation and implementation of company personnel policies

3.) All other labor disputes including ULPs and lockouts

Grievances not settled through the grievance machinery in the CBA within 7 calendar days are to be brought to the voluntary arbitrator. The voluntary arbitrator will then have 20 calendar days to resolve the dispute.

The award of the voluntary arbitrator acting within the scope of his jurisdiction governs the parties' rights and their decisions have the same level as those of the courts. A decision of the voluntary arbitrator takes effect after 10 calendar days from receipt of the parties.  The remedy is to file a petition for review with the CA under Rule 43 of the Rules of Court within the 10-day period. Filing of a motion for reconsideration is not allowed. A dissenting opinion from the panel of voluntary arbitrators is not binding on the parties.

Fixing of the fee for voluntary arbitration shall include the following:

1.) Nature of the case
2.) Time used while hearing the case
3.) Voluntary arbitrator's personal standing
4.) Capacity to pay of the parties
5.) Fees provided in the Rules of Court

The voluntary arbitrator is chosen by the parties. In case of a grave abuse of discretion, a petition for certiorari under rule 65 of the Rules of Court can be sent to the SC. The SC, as a matter of policy will remand the case to the CA.