Republic of the Philippines ; DEPARTMENT OF LABOR AND EMPLOYMENT Intramuros, Manila DEPARTMENT ORDER NO._47°27 Series of 2007 DESIGNATION OF DOLE REGIONAL DIRECTORS AND ASSISTANT REGIONAL DIRECTORS AS EX-OFFICIO VOLUNTARY ARBITRATORS, In line with the Constitutional principle on the preferential use of voluntary modes in settling disputes and the mandate of the Department of Labor and Employment to promote voluntary arbitration as an expeditious and non- litigious mode of settling labor disputes, and in order to give workplace parties real and practical alternatives in the voluntary arbitration of disputes, all Regional Directors and Assistant Regional Directors of the Department of Labor and Employment are hereby designated as Ex-Officio Voluntary Arbitrators (EVAs) under the following requirements and guidelines: 1. To complement the existing roster of qualified and Accredited Voluntary Arbitrators (AVAs), the EVAs hereby designated shall have jurisdiction to hear and decide all grievances arising from the interpretation or implementation of the Collective Bargaining Agreement and those arising from the interpretation or enforcement of company personnel policies which remain unresolved after exhaustion of the grievance procedure. The Secretary of Labor and Employment may likewise refer to EVAs voluntary arbitration cases resulting from the Secretary's intervention under the DOLE’s AIDA initiative. Upon agreement of the parties, any other labor dispute may be submitted to the EVAs for voluntary arbitration, Where a grievance remains unresolved despite bipartite efforts, either or both parties may voluntarily bring the grievance to an EVA with jurisdiction over the region where the parties work, through a written request indicating the following: 1) issue or issues to be arbitrated: 2) the names and addresses of the parties involved; and 3) such other information that the parties deem vital in the immediate resolution of the dispute, 3. a. The EVA shall acknowledge receipt of the written request and forthwith notify the other party of the referral of the dispute to voluntary arbitration, attaching a copy of the request to the notification and setting the case for initial conference. b. The EVA shall confirm the submission to arbitration at the initial conference. The parties, with the assistance of the EVA, shall definethe issues for arbitration and the terms of the proceedings, all of which shall be embodied in a Submission to Arbitration Agreement (SAA) that they and the EVA shall sign c. Unless otherwise agreed upon, the parties shall submit their respective position papers within ten (10) calendar days from the execution of the SAA. . The EVA shall proceed with the hearings/arbitration proceedings immediately after receipt of the position papers. The EVA shall have the power to hold hearings, receive evidence and take the necessary action to resolve the dispute. The EVA may conciliate or mediate to obtain a voluntary settlement of the dispute. To ensure the speedy resolution of disputes and in light of their regular workload, the EVAs shall handle no more than ten (10) cases at any given time Unless the parties agree otherwise, it shall be mandatory for the EVA to render an award or decision within sixty (60) calendar days from the parties’ submission of the dispute for resolution, reckoned from the date of submission of all pleadings by the parties if formal hearings are dispensed with; from the conclusion of the formal hearings if such hearings are held; or trom the submission of the final memoranda if such are required after the formal hearings. For record purposes, the EVA shall issue an order confirming with the parties the date when the case is deemed submitted for resolution Failure on the part of the EVA to render a decision, award, or the resolution of a motion for reconsideration described below, within the prescribed period and upon complaint by a party, shall be sufficient ground for the Secretary of Labor and Employment to discipline the EVA under the guidelines the Secretary shall issue. The decision or award of the EVA shall be final and executory after ten (10) calendar days from the parties’ receipt of the copy of the decision or award. A motion for reconsideration may be filed before the decision/award lapses to finality and shall stop the running of the 10-day period for finality. No second motion for reconsideration shall be allowed. A motion for reconsideration shall be resolved within fifteen (15) days after the adverse party files its comment ut opposition tu the motion. The EVA shall issue a writ of execution requiring the sheriff of the Regional Office or any duly-authorized regional personnel to execute the final decision, order or award.10. The EVAs shall not charge nor collect any fee for the handling of the dispute submitted to them for arbitration 11.Jn case of transfer of the EVA to another assignment or post, all cases pending before him or her shail be automatically transferred to his or her successor, except those cases which have already been submitted for decision, In the latter case, the EVA shall resolve the case before he or she assumes his or her new position. A motion for reconsideration may be resolved by the EVA even after his or her transfer of position 12.In all cases, the EVA shall furnish the NCMB a copy of all records pertaining to a voluntary arbitration case, including all pleadings submitted to the EVA as well as the orders, awards or decisions issued by the EVA. The records of the case shall be turned over by the EVA to the concerned regional branch of the NCMB within ten (10) days after the satisfaction of the final arbitral award, order or decision, 13,To further enhance the skills of the EVAs in dispute management and resolution, the NCMB is hereby directed to implement a training program within one (1) month after the effectivity of this Department Order. The CMB shall likewise develop a Manual of Procedures to guide the EVAs in the effective discharge of their voluntary arbitration functions. 14, This Order shall take effect fifteen (15) days after publication in a newspaper of general circulation Done in the City of Manila, Philippines, & June 2007. (hah. ARTURO D. BRION Secretary Aoife EN 00