Question & AnswerQ&A (NATIONAL CONCILIATION AND MEDIATION BOARD)
The manual is titled the "Revised National Conciliation and Mediation Board Manual of Procedures for Conciliation and Preventive Mediation Cases."
The manual covers Preventive Mediation, Notice of Strike/Lockout, Actual Strike/Lockout cases handling.
A Conciliator-Mediator's principal function is to settle and dispose of potential and actual labor disputes through preventive mediation and conciliation including promoting voluntary approaches to labor disputes prevention and settlement.
Grounds for strike or lockout include a deadlock in collective bargaining, unfair labor practice(s), and flagrant and/or malicious refusal to comply with the economic provisions of the collective bargaining agreement.
The president or authorized representative of a certified or duly recognized bargaining representative, the president or authorized representative of a legitimate labor organization in the absence of a certified bargaining representative, and the employer or its authorized representative in cases of bargaining deadlocks and unfair labor practices.
The cooling-off period is thirty (30) days for bargaining deadlocks and fifteen (15) days for unfair labor practices, except in some cases involving dismissal of union officers where the period does not apply.
Strike vote refers to the vote of union members on a pending notice of strike, obtained by secret ballot in a meeting called for that purpose.
The Regional Branch of the NCMB may supervise the conduct of secret balloting for strike/lockout votes, which includes verifying voter lists, ensuring confidentiality of ballots, checking voting paraphernalia, and maintaining order during balloting.
The strike ban period is seven (7) days from receipt of the strike/lockout vote results, during which the parties are generally prohibited from striking or lockout actions; during this time, the conciliator-mediator may encourage improved or reduced offer balloting.
It is the process of reclassifying a notice of strike or lockout as a preventive mediation case based on a written recommendation before the cooling-off period expires, usually when the issues raised are not valid grounds for strike or lockout.
RICMC acts as the oversight committee addressing peace and order concerns in areas with labor disputes and takes the lead in preserving jobs and facilitating peaceful settlements through dialogue and coordination among parties.
A settled case includes cases where parties have agreed to terms of settlement, voluntary arbitration, referral to grievance machinery or compulsory arbitration, withdrawal of the case by filer, or failure of filer to appear for two consecutive conferences.
Conciliator-Mediators must regularly submit reports to monitor and document the status of conciliation and mediation efforts to the NCMB Executive Director through Branch Directors as part of procedural compliance and oversight.
The filing party must serve the other party with a copy of the notice by personal service or registered mail, and the notice must comply with procedural requirements to be considered validly filed.
The Executive Director is the head of the NCMB responsible for administering the Board's functions, policies, and procedural implementation.