C. Appeal directly to the Master.
Sec. 4. If the grievance cannnot be resolved under the provision of Section 3, the
decision of the Master shall govern at sea x x x x in foreign ports and until the vessel
arrives at a port where the Master shall refer such dispute to either the COMPANY or
the UNION in order to resolve such dispute. It is understood, however, if the dispute
could not be resolved then both parties shall avail of the grievance procedure.
Sec. 5. In furtherance of the foregoing principle, there is hereby created a
GRIEVANCE COMMITTEE to be composed of two COMPANY
REPRESENTATIVES to be designated by the COMPANY and two LABOR
REPRESENTATIVES to be designated by the UNION.
Sec. 6. Any grievance, dispute or misunderstanding concerning any ruling, practice,
wages or working conditions in the COMPANY, or any breach of the Employment
Contract, or any dispute arising from the meaning or the application of the provision
of this Agreement or a claim of violation thereof or any complaint that any such
crewmembers may have against the COMPANY, as well as complaint which the
COMPANY may have against such crewmembers shall be brought to the attention of
the GRIEVANCE COMMITTEE before either party takes any action, legal or
otherwise.
Sec. 7. The COMMITTEE shall resolve any dispute within seven (7) days from and
after the same is submitted to it for resolution and if the same cannot be settled by the
COMMITTEE or if the COMMITTEE fails to act on the dispute within the 7-day
period herein provided, the same shall be referred to a VOLUNTARY
ARBITRATION COMMITTEE.
An "impartial arbitrator" will be appointed by mutual choice and consent of the
UNION and the COMPANY who shall hear and decide the dispute or issue presented
to him and his decision shall be final and unappealable x x x x[1]
As found by the Labor Arbiter -
Complainant was hired by respondent as Chief Officer of the vessel "M.V. Sunny
Prince" on 10 June 1994 under the terms and conditions, to wit:
Duration of Contract - - - - 10 months
Basic Monthly Salary - - - - US $1,100.00
Hours of Work - - - - 44 hrs./week