REVISED GUIDELINES IN THE ACCREDITATION AND DE-LISTING OF VOLUNTARY ARBITRATORS

A.        Nature of Accreditation . Accreditation
of an individual as voluntary arbitrator shall be subject to the
condition that he/she meets all the qualifications prescribed by the
NCMB for accreditation. If found qualified, accreditation which is
renewable every five (5) years, shall be granted.

B.        Requirements for Accreditation

1.      Minimum Criteria — To qualify as an Accredited Voluntary Arbitrator, a person must possess the minimum criteria for accreditation, as follows:

1.1       He/she must be a Filipino citizen residing in the Philippines.
1.2       He/she must be a holder of at least a Bachelor’s degree
preferably relevant to Labor and Social Relations, Economics and related
fields of study.
1.3       He/she must have at least five (5) years’ experience in the field of. Labor-Management relations.
1.4       He/she has no pending criminal case involving moral turpitude.

2.      Supporting Documents — Applicants shall submit an application letter with the NCMB or any of its Regional Branches, together with:

2.1       An updated bio-data.
2.2       Two (2) copies of 2″ x 2″ black and white picture.
2.3       Photocopy of Diploma or Certificate of Graduation from
Baccalaureate Degree or Photocopy of License if Lawyer, CPA or other
Board Professionals.
2.4       Certificate of Employment from present employer (if applicable).
2.5       Affidavit stating that applicant has no pending criminal case involving moral turpitude.
2.6       Three (3) Character References

3.      Training Requirements — An applicant who possesses
the minimum qualifications will be required to undergo a
pre-accreditation training program to equip him with the basic
knowledge, skills and value orientation necessary to perform the
responsibilities and functions of an accredited voluntary arbitrator.
The training program shall be designed jointly by the NCMB with the
Philippine Association on Voluntary Arbitration, Inc. (PAVA).

For prospective arbitrators who have adequate experience and
exposure in the field of arbitration and labor-management relations,
they shall be required only to attend a briefing/orientation in lieu of a
pre-accreditation training.

4.      Roll of Accredited Voluntary Arbitrator — Upon
satisfactory completion of the training, the new Voluntary Arbitrator
will be given his/her Certificate of Accreditation bearing his/her
Accreditation Number, and hereafter will formally take his/her Oath of
Office and sign the Roll of Accredited Voluntary Arbitrators.

Once accredited, the voluntary arbitrator can serve as such in any
region. However, for purposes of administrative supervision, the
voluntary’ arbitrator shall continue to be enrolled in the list of
accredited voluntary arbitrators in the region where they are
accredited.

C.        Renewal of Accreditation. Before the
expiration of the fifth year of accreditation, the NCMB will send
advice/notice to the voluntary arbitrator requiring him/her to comply
with certain requirements including submission of updated bio-data, new
affidavit stating that he has no pending criminal case involving moral
turpitude.

After a thorough review of the new credentials submitted, the
records and the performance of the voluntary arbitrator concerned as to
case disposition and participation to NCMB programs and activities and
voluntary arbitration, the NCMB shall decide whether to issue or not a
certificate renewing the accreditation for another five (5) years.

II. DE-LISTING

A. Types of De-listing

1.         Voluntary De-listing. A voluntary
arbitrator may at his/her own initiative signify his/her intention to
be de-listed from the Roll of Accredited Voluntary Arbitrators based on
any ground; provided, however, that voluntary arbitrators with pending
cases shall be required to secure clearance from the Board.

In addition, the NCMB shall maintain an inactive list of Accredited
Voluntary Arbitrators to include those who voluntarily requested for
such status or if the voluntary arbitrator is elected or appointed to
government position and he/she lacks the material time to perform
his/her actual duties and functions as arbitrator.

2.         Involuntary De-listing. The
Accreditation of a Voluntary Arbitrator may be revoked, after due
process, if at any time, any of the following grounds arises:

a.         Misrepresentation or falsification in the application for accreditation.
b.         Commission of a crime involving moral turpitude.
c.         Violation of the terms and conditions of Accreditation
d.         Continuous/consistent act showing lack of interest as
accredited voluntary arbitrator such as failure to attend national and
chapter assemblies of PAVA and continuing professionalization program
jointly sponsored by NCMB and PAVA.
e.         Violation of the NCMB Code of Professional Responsibility
for Accredited Voluntary Arbitrators of Labor-Management Dispute
f.          Repeated and flagrant delay in rendering and submitting decisions and/or awards.

C. Procedures for Involuntary De-listing

C.1.     DE-LISTING INITIATED at the NCMB Level — The NCMB,
in the exercise of its regulatory and administrative functions over the
Accredited Voluntary Arbitrators, may initiate de-accreditation
proceeding motu propio even with the absence of any complaint against
any arbitrator.

In the de-listing procedure the following shall be observed:

1.           No arbitrator shall be de-listed from the Roll of
Accredited Voluntary Arbitrators without at least sixty (60) days notice
unless the NCMB Executive Director has justifiable reason that warrants
immediate action to avoid undue damage and prejudice to the public, in
which case, the arbitrator may be suspended pending final determination
of his/her de-listing in accordance with the procedures laid down in
this Guidelines.

2.           The voluntary arbitrator subject of a complaint for
de-listing shall have the opportunity to submit a written response and
evidence, oral or documented, why his/her accreditation should not be
cancelled.

3.           All complaints leading to de-listing shall be decided
by the NCMB within 30 calendar days from filing of the complaint.

4.           Decision on de-listing shall be final and executory upon receipt by the arbitrator of the decision.

C.2.     Complaints Initiated at PAVA Level — The PAVA may
initiate conduct of formal investigation involving complaints affecting
its members in accordance with their internal rules of discipline and
subject to the due process requirement. Its decision imposing any
disciplinary action short of de-listing shall be submitted to the NCMB
for record purposes and dissemination to its Regional Branches.

If the recommended sanction is de-listing of member-arbitrator, the
PAVA shall transmit its report of findings and recommendations to the
NCMB, which shall evaluate the same and take the appropriate action in
accordance with the procedures, laid in this Guidelines.

III

The Accreditation and De-Listing of Voluntary Arbitrators shall be a
centralized undertaking of the NCMB. All recommendations for these
purposes including pertinent documents shall be submitted to the Central
Office through the Voluntary Arbitration Division for initial
evaluation and review.

These guidelines shall take effect upon signing hereof.

Adopted: 15 Nov. 1999