PBA may seek arbitration

LOS ANGELES – The PBA Board of Governors may seek arbitration from an independent expert to settle the impasse with regard to not only commissioner Chito Narvasa’s stay in office but also the conflicting interpretations on the process of renewing or terminating his contract.

Last week, the Board met at the PBA office to discuss how to resolve the impasse on Narvasa’s renewal. Seven governors want him out while five want him in. Under the terms of the 2010 By-Laws, a 2/3 vote from the Board is required to expel the commissioner and a similar 2/3 vote is needed to appoint one. It is silent on the matter of renewal. Under the terms of the 2015 By-Laws, the positions of chief executive officer and chief operating officer were given a tenure of one year with the Board’s option to renew. The intention was for Chito Salud to act as CEO and Narvasa as COO but the plan was scuttled to retain the commissioner as the man in charge. Salud eventually resigned and Narvasa was designated commissioner.

At least two caucuses involving the seven governors were held during recesses of the recent Board meeting and there were attempts to reach an agreement before the PBA’s trip to the US last Friday. But the Board couldn’t break the stalemate. The trip went on as scheduled but four governors begged off from joining. The eight governors who made the trip will no longer meet formally here but are taking steps towards eventually resolving the dispute. Governors or alternates of Blackwater, Kia, GlobalPort, Meralco, Alaska, San Miguel Beer, Barangay Ginebra and Star are in town with members of the PBA management committee led by Narvasa.

In the Philippines, commercial arbitration has become increasingly popular as an option to settle disagreements without court intervention. There are laws that govern the process of arbitration usually lodged with the Philippine Dispute Resolution Center. Opposing parties resort to arbitration to avoid costly and tedious court proceedings but must agree on an arbiter with the authority to pass judgement fairly. Decisions made by the arbiter are final and unappealable. Arbiters are chosen for their special knowledge, skills and experience. They are usually retired justices.

“This isn’t about the commissioner but it’s about the rules,” said a governor. “Before anything else, the Board must settle the issue of renewal. The 2010 By-Laws do not stipulate a vote for reappointment, only a 2/3 vote for expulsion and appointment. And the 2015 By-Laws stipulate a one-year renewable term for the CEO and COO or positions that no longer exist. If the Board isn’t able to resolve this basic issue, we may need an arbiter.”

The case of Narvasa himself is also a subject of dispute. It’s not clear if his reappointment needs a 2/3 vote. What is clear is if he’s being expelled, it will require a 2/3 vote and the dissenting bloc of seven governors is one nod short. Since Narvasa is not a new appointee, he is not subject to a 2/3 vote for renewal.

Despite the unresolved issues, the PBA will go on with its plan to organize six pre-season games late this month up to Dec. 10 then launch the 43rd campaign on Dec. 17. The schedule will include a Dec. 25 Christmas Day showdown between Barangay Ginebra and Star in the next chapter of the Manila Clasico at the Philippine Arena. The status quo will remain in attending to the PBA’s operating affairs with Narvasa continuing to act as commissioner authorized to sign checks, approve trades and manage the league.