Question & AnswerQ&A (NCMB)
The official title is the National Conciliation and Mediation Board's Manual of Procedures for Conciliation and Preventive Mediation Cases.
The NCMB is mandated to promote conciliation and mediation as preferred modes of dispute settlement and integral components of the collective bargaining process, pursuant to Executive Order No. 126, as amended by EO No. 251 and Articles 263-265 of the Labor Code, as amended by RA 6715.
Bargaining Deadlock refers to a situation in collective bargaining negotiations where parties have not reached a mutually acceptable settlement.
Strike means any temporary stoppage of work by the concerted action of employees due to a labor or industrial dispute. Lockout means the temporary refusal of an employer to furnish work as a result of a labor or industrial dispute.
Any certified or duly recognized bargaining representative may file a notice or declare a strike or request preventive mediation in cases of bargaining deadlock and unfair labor practices. The employer may file a notice or declare lockout or request preventive mediation in the same cases. In the absence of a certified bargaining representative, any legitimate labor organization may file a notice, request mediation, or declare a strike but only on grounds of unfair labor practices.
The notice must use the Board's prescribed Form No. 01 and include the names and addresses of the employer and union involved, nature of the industry, number of union members and workers in the bargaining unit, unresolved issues or specific acts complained of, written proposals and proofs of efforts to settle.
For bargaining deadlocks, the cooling-off period is 30 calendar days; for unfair labor practices, it is 15 calendar days. However, in unfair labor practice cases involving dismissal of duly elected union officers constituting union busting, the 15-day cooling-off period does not apply. A mandatory 7 calendar day strike or lockout ban period must also be observed after the strike or lockout vote results are submitted.
A Conciliator-Mediator assists in the settlement and disposition of labor-management disputes by conducting conciliation and preventive mediation, promoting voluntary approaches to dispute prevention and settlement, and maintaining impartiality and integrity.
If the party-filer fails to attend two consecutive scheduled conciliation conferences after due notice, the case may be dropped from the business calendar of the Regional Branch, and the parties shall be informed in writing.
A strike declaration must be approved by a majority of the total union membership in the bargaining unit through secret ballot in meetings or referenda called for the purpose. A lockout declaration must be approved by a majority of the employer's board of directors or partners in a meeting called for the purpose.
Improved Offer Balloting is a referendum by secret ballot among union members on the improved offer of the employer during a strike, typically conducted on or before the 30th day of the strike to determine whether the strike should end.
The agreement must be clear, concise, and contain all points of understanding between parties to minimize further disputes. The Conciliator-Mediator must monitor the faithful implementation and compliance with the agreement to ensure normalized relations between the parties.
The Conciliator-Mediator ascertains if certification election petitions are pending before relevant offices, advises parties accordingly, and facilitates efforts for settlement through direct certification or consent elections. If unresolved, the parties are advised to file petitions with appropriate bodies.
Regional branches must regularly submit daily reports on strikes and impending strike cases, weekly reports on cases handled, closures, retrenchments, layoffs, inter/intra-union disputes, and monthly summaries of cases disposed. Special reports on actual strikes must be submitted immediately upon occurrence and upon settlement.