GRIEVANCE

MACHINERY AND
ARBITRATION ALYSSA MARI A.
REYES, RPM
Grievance is any question by either the employer or the union regarding the
interpretation or application of the CBA or company personnel policies or any claim
by either party that the other party is violating any provisions of the CBA or
company personnel policies. It is a complaint or dissatisfaction arising from the
interpretation or implementation of the CBA and those arising from interpretation or
enforcement of personnel policies.

DEFINITION
Grievance Machinery It refers to the mechanism for the adjustment and
resolution of grievances. It is part of the continuing process of collective
bargaining, and is contained in the CBA.

DEFINITION
Automatic Referral If Grievance Machinery
Fails WHEN CAN
All grievances submitted to the grievance THERE BE
machinery which are not settled within 7
calendar days from the date of its submission VOLUNTARY
shall automatically be referred to voluntary ARBITRATION
arbitration prescribed in the CBA. [Art. 273]
  The parties to a Collective Bargaining
Agreement shall:
1. Include provisions that will ensure the
mutual observance of its terms and
GRIEVANCE conditions.
2. Establish a machinery for the
PROCEDURE adjustment and resolution of grievances
arising from:

(ART.273) a. The interpretation or implementation

of their CBA; and.
b. those arising from the interpretation
or enforcement of company
personnel policies.
 Constitutional Basis
 Sec. 3, Art. XIII, 1987 Constitution - The State shall promote the principle of shared responsibility
between workers and employers and the preferential use of voluntary modes in settling disputes,
including conciliation, and shall enforce their mutual compliance therewith to foster industrial
peace.

VOLUNTARY ARBITRATION
 A “voluntary arbitrator” is any person accredited
by the [National Conciliation and Mediation
Board] as such, or any person named or designated
in the Collective Bargaining Agreement by the
parties to act as their Voluntary Arbitrator, or one
chosen, with or without the assistance of the WHO IS A
National Conciliation and Mediation Board, VOLUNTARY
pursuant to a selection procedure agreed upon in
the Collective Bargaining Agreement, or any ARBITRATOR
official that may be authorized by the Secretary of
Labor and Employment to act as Voluntary
Arbitrator upon the written request and agreement
of the parties to a labor dispute [Art. 219 (n)]
 Hold hearing, receive evidence and
take whatever action is necessary to
resolve the issue/s subject of the
POWERS OF dispute.
VOLUNTARY
ARBITRATOR
May conciliate or mediate to aid the
parties in reaching a voluntary
settlement of the dispute.
 LISTEN AND
YOU WILL BE HEARD
EMPTY YOUR CUP AND
IT WILL BE FILLED.