Law Summary
Seal of the NCMB
- Represents national unity, social partnership, industrial peace, prosperity, productivity, and national development.
Definitions of Key Terms
- Bargaining Deadlock: Failure to reach an agreement in collective bargaining.
- Conciliation-Mediation: Dispute management process led by a Conciliator-Mediator to facilitate amicable settlements.
- Conciliator-Mediator: Board official assisting labor-management dispute settlement.
- Strike and Lockout: Temporary work stoppage by employees (strike) or refusal by employer to provide work (lockout).
- Other terms: Employer, employee, grievance, grievance procedures, union, unfair labor practices, etc., comprehensively defined.
Conduct and Decorum of Conciliator-Mediator
- Must maintain dignity, impartiality, independence, and proper dress at all times.
Strike, Lockout, Preventive Mediation Notices and Appearances
- Grounds for strike/lockout include bargaining deadlock and unfair labor practices.
- Notices must follow prescribed form with detailed content including parties’ info and dispute data.
- Only certified or recognized bargaining representatives may file notices; employers may file lockout notices.
- Notices filed in the wrong jurisdiction are forwarded appropriately.
- Cooling-off periods: 30 days for deadlock, 15 days for unfair labor practice except certain union officer dismissals.
- Seven-day strike or lockout ban after vote submission applies.
- Service of notice to other party mandatory.
- Representation requires written authority.
Case Handling and Conciliation Procedures
- Regional Branch Directors assign cases considering various factors.
- Conciliator-Mediator prepares by gathering relevant party and dispute information.
- Initial conferences scheduled within 48 hours; notices given promptly.
- Identification of real issues during initial meetings.
- Special procedures and efforts to settle notices involving strikeable issues (deadlocks and unfair labor practices).
- Non-strikeable issues such as inter/intra-union disputes, labor standards violations, or pending cases elsewhere are not properly filed and encouraged to be withdrawn or treated as preventive mediation.
- Final agreements must be clear to avoid misinterpretation; monitoring for implementation is required.
- In actual strikes or lockouts, Conciliator-Mediator verifies facts promptly and convenes conferences within 24 hours.
Strike Vote and Offer Balloting
- Strike declaration requires majority secret ballot among involved union members.
- Lockout requires majority vote by employer's board or partners.
- Requests to conduct voting must be filed 24 hours in advance.
- The Board may conduct improved offer balloting in strikes and reduced offer balloting in lockouts by secret ballot before the 30th day.
- Clear explanation of balloting mechanics and issues is essential to parties to ensure understanding.
Reporting Requirements
- Regional branches must submit daily, weekly, and monthly reports covering strikes, impending strikes, cases handled, closures, layoffs, and union disputes.
- Special immediate reports required upon actual strikes and their settlements.
This Manual codifies procedural guidelines to promote peaceful resolution of labor disputes via conciliation and mediation, ensuring clarity, efficiency, and legal compliance in the administration of industrial relations under Philippine law.