Practice question
A CBA names the arbitrator, the grievance process is exhausted, and the prescribed notice procedure is observed. The unwilling party says its refusal automatically destroys every arbitration route. Which is best?
- The unwilling party always has an absolute perpetual veto.
- The agreed arbitrator ceases to exist by silence.
- No notice procedure appears in Rule III.
- The notice-to-arbitrate mechanism must be applied; refusal is not automatically an indefinite veto.
- The grievance necessarily becomes a criminal conviction.
Legal references
- DOLE Department Order 255-2025, Rule III Sections 2-3, reproduced issued text: https://www.scribd.com/document/1056241538/DO-255-25-Revised-Procedural-Guidelines-in-the-Conduct-of-Voluntary-Arbitration-Proceedings
- NCMB official explanation of updated voluntary-arbitration rules, August 2025: https://ncmb.gov.ph/ncmb-dole-unveil-updated-rules-to-streamline-voluntary-arbitration-procedure/
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