QuestionsQuestions (NCMB)
It is adopted pursuant to the mandate of the National Conciliation and Mediation Board (NCMB) under Executive Order (EO) No. 126, as amended by EO No. 251, and to implement Articles 263-265 of the Labor Code, as amended by Republic Act (RA) 6715.
The Manual should be liberally construed to carry out the objectives of the Labor Code: to promote conciliation and mediation as a preferred mode of dispute settlement and an integral component of the collective bargaining process.
Conciliation-mediation is the dispute management process conducted by a Conciliator-Mediator to facilitate amicable settlement. A Conciliator-Mediator is an NCMB officer whose principal function is to assist in settlement and disposition of labor-management disputes through conciliation and preventive mediation, including promoting voluntary approaches to prevent disputes.
A strike or lockout may be declared in cases of (1) deadlock in collective bargaining negotiations and (2) unfair labor practice.
It shall be deemed as not having been filed. The concerned party must be informed by the appropriate regional branch in writing.
Among others: names and addresses of employer and union, nature of industry, number of union members/workers in the bargaining unit, and other relevant data such as brief statement of pending labor disputes involving the same parties.
It should include unresolved issues, the written proposals of the union, the counter-proposals of the employer, and proof of a request for conference to settle differences.
Any certified or duly recognized bargaining representative may file/declare in cases of bargaining deadlock and unfair labor practices. The employer may file/declare lockout or request preventive mediation in the same cases. If there is no certified/duly recognized bargaining representative, any legitimate labor organization may file/request/declare strike only on grounds of unfair labor practices.
It must be filed with the appropriate NCMB regional branch (or extension office) having jurisdiction over the workplace. If filed in another region without jurisdiction, it is indorsed to the correct regional branch, and the filing date is reckoned from receipt by the branch with jurisdiction.
The branch that first receives the notice or request acquires jurisdiction over the dispute to the exclusion of the other(s).
For bargaining deadlock: cooling-off is 30 calendar days. For unfair labor practice: cooling-off is 15 calendar days. In all cases, there is a 7 calendar day strike/lockout ban period observed after the results of strike/lockout vote have been submitted.
No. If the ULP involves dismissal of duly elected union officers that may constitute union-busting, the 15-day cooling-off period shall not apply, but the 7-day mandatory strike-ban period must still be observed.
If the party-filer fails to attend for two (2) consecutive instances after due notice, the Conciliator-Mediator may drop the case from the business calendar. The parties must be informed in writing of the action taken.
They must be referred to the grievance machinery under Article 261 of the Labor Code (as amended by RA 6715 and Department Order No. 9, series of 1997), through the Conciliator-Mediator assigned.
They are resolved through the grievance procedure under the parties’ CBA; if unresolved, through voluntary arbitration. If there is no CBA or recognized labor union and the dispute is brought before the Board, the Conciliator-Mediator exerts efforts to settle; if unresolved after 10 calendar days, he advises referral to the appropriate NLRC branch.
A strike decision must be approved by a majority of the total union membership in the bargaining unit obtained by secret ballot in meetings or referenda. The decision is valid for the duration of the dispute based on substantially the same grounds.
Requests for balloting must be filed at least 24 hours before the voting date with a copy of the notice of meeting called by the union/management for balloting. The NCMB regional branch may supervise the secret balloting at its own initiative or upon request of affected parties.