NAGA CITY — Labor arbitrator Jose P. Dialogo, Jr., the only labor leader among the six voluntary arbitrators in Bicol to have been accredited by the National Conciliation and Mediation Board (NCMB) recently gave a lecture on voluntary arbitration before participants from the labor and management sectors in a seminar conducted by NCMB.
The seminar was conducted under the initiative of Atty. Jovit R. Mirando, OIC-Director of NCMB Region 5, at Villa Mila Garden Resort and Conference Center in Daet, Camarines Norte last March 9, 2016.
In the lecture, Dialogo first explained that ‘labor arbitration’ is the reference or submission of labor dispute to an impartial third person for determining the basis of evidence and arguments presented by the parties who have bound themselves to accept the decision of the arbitrator as final and binding to them.
He said there are two classifications of labor arbitration. First is voluntary arbitration while the second is compulsory arbitration.
He explained that under the compulsory arbitration, a labor arbiter employed by the government is chosen through a process of raffle where the parties are not afforded the right to personally choose the particular labor arbiter that will hear and decide on the case. The parties are compelled to appear and accept the resolution of their dispute, although the aggrieved party may appeal before the National Labor Relations Commission (NLRC) that then raffles off the case to a division then to the Court of Appeals by certiorari under Rule 65 of the Rules of Court on special civil action and eventually to the Supreme Court.
In the voluntary arbitration, on the other hand, Dialogo said the parties may select a competent, trained and impartial third person who is tasked to decide on settling a labor-management dispute within 20 calendar days from date of submission of the case for resolution and 10 days from receipt of copies thereof by parties involved.
Dialogo explained that the decision or award in the voluntary arbitration has the same legal effect in the judgment of a court. “Motion for reconsideration is not allowed under a voluntary arbitrator’s decision,” the labor arbitrator stressed.
He explained that findings of facts and law made by the voluntary arbitrator or panel of voluntary arbitrators may be reviewed by the court. Section 1 in relation to Section 4 of Rule 43 of the Rules of Court requires that the petition for review to be taken to the Court of Appeals should be filed within 15 days from the notice of award, judgment or final order, or resolution of the voluntary arbitrator or panel of voluntary arbitrators.
There is also an expedient procedure for voluntary arbitration, Dialogo said. This applies to cases directly submitted by the parties to single voluntary arbitrator involving simple issues when hearings, reception of evidence, and promulgation of decision can be completed within 7 days from submission of the case to the arbitrator whose decision/award shall be subject of appeal of motion for reconsideration but must be mutually complied with by both parties as final, Dialogo said.
Other topics discussed in the seminar were Labor and Management Cooperation/Workplace Cooperation and Partnership Program by Efleda Hourani, LEO, NCMB-V; Grievance Machinery Program by Josephine Amnaranto, supervising LEO, NCMB-V; Single-Entry Approach (SENA) Program by Wilson Joson, LEO III, NCMB-V; and Conciliation-Mediation Program by NCMB-V OIC-Director Jovit Morando.
Meanwhile, the Journal of the Philippine Association on Voluntary Arbitration has listed the following Voluntary Arbitrators in good standing form Bicol, namely: Atty. Armand A. Duran of Legazpi City, Atty. Leo Arnel M. Caayao of Iriga City, Atty. Julio A. Arcilla, Jr. of Camarines Sur; Attyy. Gener T. Cano of Sorsogon, and Atty. Milagros R. Francia and Jose P. Dialogo, Jr., both of Naga City.