Grievance and arbitration & ulp in l.o.final

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Grievance and arbitration & ulp in l.o.final

  1. 1. IN ORGANIZED AND UNORGANIZED ESTABLISHMENTS
  2. 2. Grievanceany question by either the employer or the unionregarding the 1) implementation or interpretation of the CBA or (i.e. Salary increase per year) 2) implementation or enforcement of company personnel policies (i.e. disciplinary actions) or any claim by either party that the other party is violating any provision of the CBA or company personnel policies
  3. 3. GrievanceIf the term grievance is to be applied in ageneric sense, it would mean any dispute orcontroversy respecting terms and conditions ofemployment which an employee or group ofemployees may present to the employer, evenwithout a CBA.
  4. 4. Labor Disputesany controversy or matter concerning terms or conditions ofemployment or the association or representation of persons innegotiating fixing, maintaining, changing or arranging theterms and conditions of employment, regardless or whether thedisputants stand in the proximate relation of employer andemployee as stated in Art 212.The kinds of labor disputes are1.compensation 6.bargaining disputes2.benefits 7.contract administration or3.working conditions personnel policy disputes4.organizational right dispute 8.employment tenure5.representation disputes disputes.
  5. 5. Labor ArbitrationIs the reference of a labor dispute to a thirdparty for determination on the basis ofevidence and arguments presented by suchparties, who are bound to accept the decision -voluntary arbitration -compulsory arbitration
  6. 6. Compulsory ArbitrationIs the process of settlement of labor disputes by agovernment agency which has the authority toinvestigate and make an award which is bindingon all the parties.Compulsory arbitration is done primarily by thelabor arbiters of the NLRC.
  7. 7. Grievance Procedure for Employees ofUnorganised Establishments: Aggrieved Employee Labor Arbiter Regional Arbitration Hears & decides the case Branch National Labor Relations Commission Appellate Jurisdiction Court of Appeals Supreme Court
  8. 8. Article 217:Jurisdiction of Labor Arbiters and the Commissiona) Except as otherwise provided under this Code. The labor Arbiters shall have original and exclusive jurisdiction to hear and decide within thirty (30) calendar days after the submission of the case by the parties for decision without extension, even in the absence of stenographic notes, the following cases involving all workers, whether agricultural or non-agricultural:
  9. 9. GRIEVANCE ARBITRATION IN UNORGANIZED ESTABLISHMENTSCases falling under the original & exclusivejurisdiction of the Labor Arbiter: 1. Unfair labor practice cases 2. Termination disputes 3. If accompanied with a claim for reinstatement, those cases that workers may file involving wages, rates of pay, hours of work and other terms and conditions of employment 4. Claims for actual, moral, exemplary and other forms of damages arising from the employer- employee relations. 5. Cases arising from any violation of Article 264 of this code, including questions involving the legality of strike and lockouts;
  10. 10. Cases falling under the original & exclusivejurisdiction of the Labor Arbiter: 6. Except for claims for Social Security, Medicare and maternity benefits, all other claims, arising from employer-employee relations, including those of persons in domestic or household service, involving an amount exceeding five thousand pesos (5000.00) regardless of whether accompanied with a claim for reinstatement.
  11. 11. Article 217:Jurisdiction of Labor Arbiters and the Commissionb) The commission shall have exclusive appellate jurisdiction over all cases decided by Labor Arbiters:c) Cases arising from the interpretation of collective bargaining agreements and those arising from the interpretation or enforcement of company personnel policies shall be disposed of by the Labor Arbiter by referring the same to the grievance machinery and voluntary arbitration as may be provided in said agreements.
  12. 12. OTHER POINTS The cases the labor arbiter can hear and decide are employment-related. Employment is the one element that runs through all the cases and disputes enumerated in ART 217. This gives the impression that none but a labor arbiter can hear and decide the six categories of cases listed. However, any or all of these cases can, by agreement of the parties, be presented to and decided with finality by a voluntary arbitrator or panel of voluntary arbitrators.
  13. 13. Unfair Labor Practice The essence of unfair labor practice is any act intended or directed to weaken or defeat the worker’s right to self-organize or to engage in unlawful concerted activities and includes the right to bargain collectively.Labor Arbiter’s Jurisdiction overViolation of CBA Gross violations of the CBA is considered ULP. However, there is an exception as explained in Art 261. if violation is not gross, it is not ULP.
  14. 14. Termination Disputes The usual bone of contention is the legality of dismissal. Its resolution depends on the validity of the cause and the manner of the employee’s dismissal. In termination dispute, although the labor arbiter has jurisdiction thereover, in the case of Atlas vs. NLRC, the supreme court said that where the dispute is just in the interpretation, implementation or enforcement stage, it may be referred to the grievance machinery set up in the CBA, or brought to voluntary arbitration. But where there was already actual termination, with alleged violation of the employee rights, it is already cognizable by the labor arbiter.
  15. 15. Reinstatement Is the restoration of the employee who was unjustly dismissed to the position from which he was removed Money Claims If it is arising from employer-employee relations, excepting SSS,ECC, PH claims, it is within the jurisdiction of the labor arbiter
  16. 16. Article 260: Grievance Arbitration inOrganized EstablishmentsThe parties to a Collective Bargaining Agreement shallinclude therein provision that will ensure the mutualobservance of its terms and conditions. They shall establish amachinery for the adjustment and resolution of grievancesarising from the interpretation or implementation of theirCollective Bargaining Agreement and those arising from theinterpretation or enforcement of company personnel policies.All grievances submitted to the grievance machinery whichare not settled within seven calendar days from the date of itssubmission shall automatically be referred to voluntaryarbitration prescribed in the Collective BargainingAgreement.
  17. 17. Article 260For this purpose, parties to a Collective Bargaining Agreementshall name and designate in advance a Voluntary Arbitrator orpanel of Voluntary Arbitrators, or include in the agreement aprocedure for the selection of such Voluntary Arbitrators orpanel of Voluntary Arbitrators, preferably from the listing ofqualified Voluntary Arbitrators duly accredited by the Board.In case the parties fail to select voluntary Arbitrator or panel ofVoluntary Arbitrators, the Board shall designate the voluntaryArbitrator or panel of voluntary Arbitrators, as may benecessary, pursuant to the selection procedure agreed upon inthe collective Bargaining Agreement, which shall act with thesame force and effect as if the Arbitrator or panel ofArbitrators has been selected by the parties as described above.
  18. 18. Grievance MachineryIs part of the continuing process of collectivebargaining. It refers to the mechanism for theadjustment and resolution of grievances arising fromthe interpretation or implementation of a CBA andthose arising from the interpretation or enforcement ofcompany personnel policies.Grievance ProcedureConsists of internal rules of procedures such as thesuccessive steps starting at the level of thecomplainant and his immediate supervisors andending, when necessary at the level of the top unionand company officials.
  19. 19. JURISDICTION OF GRIEVANCE MACHINERY IN CBA Cases falling under the Grievance Machinery are all grievances arising from the –Implementation or interpretation of the collective bargaining agreement and/or –Interpretation and enforcement of company personnel policies
  20. 20. Collective Bargaining Agreement A collective agreement that intends to stabilize employment relations for a period of time with results advantageous both to the employees and the employerPersonnel Policies Are guiding principles that are broad and long range terms that express the philosophy or beliefs of organizations top authority regarding personnel matters. Example: promotion policies, transfer policies not expressed in the CBA, disciplinary actions
  21. 21. Purpose of the Grievance ProcedureSince it is a continuous process of collectivebargaining, it intends to promote a friendlydialogue between employees and employers as ameans to maintaining industrial peaceGrievance machinery under the CBA, is the veryheart of industrial self government
  22. 22. Consequence to Non Adherence to TheGrievance Procedure Refusal or failure to do so is unfair labor practice, because the grievance procedure is part of the continuous process of the CBA.
  23. 23. Grievance Machinery Structure & ProcedureThe grievance committee shall have representativesfrom members of the bargaining unit & the employee,unless otherwise agreed upon by the partiesIn the absence of a specific provision in the CBA orexisting company practice the following shall apply1.)Employee shall present his grievance or complaintorally or in writing to the shop steward2.) Upon receipt thereof, the shop steward shall verifythe facts and determine whether or not the grievance isvalid
  24. 24. Grievance Machinery Structure & Procedure3.)If grievance is valid, the shop steward shallimmediately bring the complaint to the employeesimmediate supervisor. The shop steward, thesupervisor, and the employee shall exert efforts tosettle the grievance.4.)If no settlement is reached, the grievance shall bereferred to the grievance committee which shall haveten days to decide the case.
  25. 25. Grievance Machinery Structure & ProcedureWhere the grievance remains unresolved, either partymay serve notice upon the other of its decision to submitthe issue to voluntary arbitration.
  26. 26. Grievance Procedure for Employeesof Organised Establishments: Aggrieved Employee Verify facts and determine Shop Steward whether or not grievance is valid Grievance Committee Parties have freely chosen V.A. as mode of settlement Voluntary Arbitration Court of Appeals Supreme Court
  27. 27. Voluntary ArbitrationRefers to the mode of settling labor managementdisputes by which the parties select a competent,trained and impartial third person who shall decideon the merits of the case and whose decision is finaland executory.referral of a dispute to voluntary arbitration is pursuantto a voluntary arbitration clause in the collectivebargaining agreement.
  28. 28. Voluntary Arbitration: A private judicial systemA contractual proceeding whereby the parties toany dispute or controversy, in order to-obtain a speedy and inexpensive final disposition ofthe matter involved,-Select a judge of their own choice who is animpartial third person-And by consent submit their controversy to him for afinal and binding resolution
  29. 29. Voluntary Arbitration as a Master Procedure Any and all kinds of labor disputes may be submitted to, settled, or resolved through voluntary arbitration, if the parties so desire. As a master procedure, V.A. takes precedence over other dispute settlement devices. Ex. When a labor arbiter is presented with a case under his “original and exclusive”jurisdiction, the parties may withdraw it from him, not matter what stage it may be, if the parties mutually decide to bring the dispute instead to voluntary arbitration.
  30. 30. The primary function of voluntary arbitrator1.provide a process for the orderly disposition ofdisputes2.Provide foundation for stable labor-managementrelationsIs not a public tribunal imposed upon the parties by asuperior authority which the parties are obliged toaccept.He is rather part of a system of selfgovernment created by and confined to the parties.
  31. 31. Who May Be Accredited as Voluntary Arbitrator? List of accredited voluntary arbitrators of the National Conciliation and Mediation Board which consists of persons mostly engaged in full-time work as employees or officials in the Gov’t or in education, civic and religious institutions, trade union organizations and private enterprises. Most are members of the Philippine Association on Voluntary Arbitration (PAVA). Following criteria for accreditation 1.A Filipino citizen residing in the Philippines 2.A holder of a Bachelor’s degree in any field of behavioral or applied sciences or equivalent educational trainings short of a Bachelor’s degree
  32. 32. Who May Be Accredited as Voluntary Arbitrator? 3.At least 5 years experience in labor-management relations 4.Completion of a training course on voluntary arbitration conducted by the Board; and 5.A person of good moral character, noted for impartially, probity, and has not been civilly, criminally and administratively adjudged guilty of any offense involving moral turpitude as evidenced by a duly sworn notice.
  33. 33. How Voluntary Arbitrator is ChosenMUTUAL AGRREEMENT BY THE PARTIES. Chosen by the partiesthemselves. Their choice is not limited to the arbitratorsaccredited by the NCMB, although Art. 260 says they shouldpreferably choose the accredited ones.Choice is usually influenced by the person’s fairness andknowledgeability of the dynamics, including law, of labor-management relations.Parties may choose between the use of temporary andpermanent arbitrator. •Temporary is selected when dispute is already at hand •Permanent is one who is selected before dispute arisis
  34. 34. Article 261 JURISDICTION OF VOLUNTARY ARBITRATORS OR PANEL OF VOLUNTARY ARBITRATORSThe Voluntary Arbitrator or panel of Voluntary Arbitratorsshall have original and exclusive jurisdiction to hear anddecide all unresolved grievances arising from theinterpretation or implementation of the CollectiveBargaining Agreement and those arising from theinterpretation or enforcement of company personnelpolicies referred to in the immediately preceding article.Accordingly, violations of a Collective BargainingAgreement, except those which are gross in character,shall no longer be treated as unfair labor practice andshall be resolved as grievances under the CollectiveBargaining Agreement. For purposes of this article, grossviolations of Collective Bargaining Agreement shall meanflagrant and/or malicious refusal to comply with theeconomic provisions of such agreement.
  35. 35. Article 262JURISDICTION OVER OTHER LABOR DISPUTESThe Voluntary Arbitrator or panel of VoluntaryArbitrators upon agreement of the parties, shallalso hear and decide all other labor disputesincluding unfair labor practice and bargainingdeadlocks.
  36. 36. Jurisdiction of Voluntary ArbitratorThe cases falling under the exclusive and original jurisdiction of the Voluntary Arbitrator or panel of Voluntary Arbitrators1.)all unresolved grievances arising from the interpretation or implementation of the Collective Bargaining Agreement and those2.)all unresolved grievances arising from the interpretation or enforcement of company personnel policies3.)all other labor disputes including unfair labor practice and bargaining deadlocks, upon agreement of the parties
  37. 37. Jurisdiction of Voluntary Arbitrator- Violations of the CBA, however if the violations are not “gross” in character, these are to be treated as ULP., which following Art 217 are to be heard and decided by a labor arbiter.- Regarding dismissal of employees, as ruled by the Supreme court in SMC vs. NLRC (3/15/1996), an employee dismissal dispute may be submitted by the parties to voluntary arbitration, but in the absence of such agreement in clear and unequivocal language, the dispute should be lodged with a labor arbiter.
  38. 38. Limitations of Voluntary Arbitrator- The power and authority of arbitrators in labor dispute cases is derived from and limited by the terms of the parties’ agreement. It is the arbitrator’s duty with respect to the CBA, is to settle disputes arising thereunder by applying and interpreting that agreement.

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