Republic of the Philippines
Department of Labor and Employment

National Conciliation and Mediation Board
Intramuros, Manila

 

 
 
The Official Government Portal
of the Republic of the Philippines

 

 


 

CONCILIATION-MEDIATION

     

WHAT IS CONCILIATION AND MEDIATION?

WHAT IS THE LEGAL BASIS OF CONCILIATION AND MEDIATION?

     Article 13, Section 3, of  our New Constitution provides:

      “The State shall promote xxx the preferential use of voluntary modes of setting disputes including conciliation and shall ensure mutual compliance by the parties thereof in order to foster industrial peace.”
     A similar provision is echoed in the Declaration of Policy under Article 211 (a) of the Labor Code, as amended.

WHO CAN AVAIL OF CONCILIATION AND MEDIATION SERVICES OF THE NCMB?

     Any party to a labor dispute, either the union or management, may seek the assistance of  NCMB or any of its Regional Branches by means of formal request for conciliation and preventive mediation.  Depending on the nature of the problem, a request may be filed in the form of consultation, notice of preventive mediation or notice of strike/lockout.

WHERE CAN A REQUEST FOR CONCILIATION AND MEDIATION BE FILED?

WHAT ARE THE VALID ISSUES FOR A NOTICE OF STRIKE/LOCKOUT OR PREVENTIVE MEDIATION CASE?

WHAT ADVANTAGE CAN BE DERIVED FROM CONCILIATION AND MEDIATION SERVICES?

ARE THE PARTIES BOUND BY THE AGREEMENT ENTERED INTO BY THEM?

IS CONCILIATION AND MEDIATION SERVICE STILL POSSIBLE DURING ACTUAL STRIKE OR ACTUAL LOCKOUT?

WHEN THE DISPUTE HAS ALREADY BEEN ASSUMED OR CERTIFIED TO THE NLRC, IS IT ALSO POSSIBLE TO REMAND THE SAME TO CONCILIATION AND MEDIATION SERVICES?

WHAT BENEFIT CAN THE PARTIES HAVE IN APPEARING DURING CONCILIATION CONFERENCES?

WHAT PARLIAMENTARY NORM OF CONDUCT SHOULD ESSENTIALLY BE OBSERVED DURING CONFERENCES?

WHAT IS THE ROLE OF THE CONCILIATOR-MEDIATOR?

WHAT IS STRIKE, PICKETING AND LOCKOUT?

WHAT ARE THE DIFFERENT FORMS OF STRIKES?

WHAT IS AN INDUSTRIAL DISPUTE?

WHAT    IS    THE    NATURE    OF    THE    RIGHT    TO   STRIKE AND LOCKOUT?

WHO MAY DECLARE A STRIKE OR LOCKOUT?

WHAT ARE THE REQUISITES OF A LAWFUL STRIKE/LOCKOUT?

    The requirements for a valid strike or lockout are as follows:

     

      1. It must be based on a valid and factual ground;
      2. A strike or lockout NOTICE shall be filed with the National Conciliation and Mediation Board (NCMB) at least 15 days before the intended date of the strike or lockout if the issues raised are unfair labor practices, or at least 30 days before  the intended date thereof if the issue involves bargaining deadlock.
      3.  In cases of dismissal from employment of union officers duly elected in accordance with the union constitution and by-laws, which may constitute UNION BUSTING where the existence of the union is threatened, the 15-day cooling-off period shall not apply and the union may take action immediately after the strike vote is conducted and the result thereof submitted to the Department of Labor and Employment.
      4. A strike must be approved by a majority vote of the  members of the Union and a lockout must be approved by a majority vote of the members of the Board of Directors of the Corporation or Association or of the partners in a partnership, obtained by secret ballot in a meeting called for that purpose.
      5. A strike or lockout VOTE shall be reported to the NCMB-DOLE Regional Branch  at least 7 days before the intended strike or lockout subject to the cooling-off period.
      6.  In the event the result of the strike/lockout ballot is filed within the cooling-off period, the 7-day requirement shall be counted from the day following the expiration of the cooling-off period.  (NSFW  vs. Ovejera, G.R. No. 59743, May 31, 1982)
         In case of  dismissal from employment of union officers which may constitute union busting, the time requirement for the filing of the Notice of Strike shall be dispensed with but the strike vote requirement, being mandatory in character, shall “in every case” be complied with.
      7.  The dispute must  not be the subject of an assumption of jurisdiction by the President or the Secretary of Labor and Employment, a certification for compulsory arbitration, or submission to compulsory or voluntary arbitration nor a subject of   a pending case  involving the same grounds for the strike or lockout.

WHAT ARE THE VALID GROUNDS FOR  DECLARING A STRIKE OR  LOCKOUT?

MAY A UNION FILE A NOTICE OF STRIKE OR THE EMPLOYER   FILE  A NOTICE OF LOCKOUT IF THE LABOR DISPUTE IS BASED ON A GROUND OTHER THAN ULP AND CBD?

WHAT  ARE  THE CONTENTS OF A  NOTICE OF STRIKE OR LOCKOUT?

WHAT IS THE ROLE OF THE NCMB IN CASE A NOTICE OF STRIKE  OR  LOCKOUT IS FILED?

WHAT    IS    THE    LEGAL    IMPLICATION     IF    THE     CONTENT- REQUIREMENT  OF THE NOTICE OF  STRIKE   OR   LOCKOUT  HAS   NOT BEEN COMPLIED WITH?

WHAT IS THE PURPOSE OF THE STRIKE VOTE?

WHAT IS THE PURPOSE OF THE STRIKE VOTE REPORT?

WHAT IS THE PURPOSE OF THE TIME REQUIREMENT IN THE NOTICE OF STRIKE/LOCKOUT?

WHAT ARE  THE PROHIBITED ACTS AND PRACTICES?
 

  1. Declaring a strike or lockout on grounds involving inter-union and intra-union disputes or on issues brought to voluntary or compulsory arbitration.
  2. Declaring a strike or lockout without first having bargained collectively or without first having filed the required notice or without  the necessary strike or lockout vote first having been obtained and reported to the Regional Branch of the NCMB.
  3. Declaring a strike or lockout in defiance of a cease-and-desist order, or  an order for the striking employees to return to work and for the employer accept the workers after assumption of jurisdiction by the President or Secretary of Labor and Employment,  or after certification or submission of the dispute to compulsory or voluntary arbitration,  or during the pendency of a case involving the authorized grounds for the strike or lockout.
  4. Obstructing, impending or interfering with by force, violence, coercion, threats or intimidation any peaceful picketing by employees during any labor controversy or in the exercise of their right to self-organization or collective bargaining, or aiding or abetting such obstruction or interference.
  5. Employing any strike breaker or being employed as a strike-breaker.
  6. No public official or employee, including officers and personnel of the Armed Forces of the Philippines, of the Philippine National Police, or any armed person shall -
      • bring in, introduce or escort, in any manner, any individual who seeks to replace strikers in entering or leaving the premises of a strike area, or
      • work in place of strikers.
  7. Nothing herein shall be interpreted to prevent the aforementioned officials, employees or peace officers from taking any measure necessary to maintain peace and order and/or to protect life and property.
  8. Stationary picket and the use of means like placing of objects to constitute permanent blockade or to effectively close points of entry or exit in company premises.
  9. Any act of violence, coercion or intimidation by any picketer.
  10. The obstruction of the free ingress to or egress from the employer’s premises for lawful purposes.
  11.  Obstruction of public thoroughfares while engaged in picketing.

WHAT ARE THE LEGAL IMPLICATIONS FOR NON-COMPLIANCE  WITH THE REQUIREMENTS FOR A VALID STRIKE OR LOCKOUT?
 

WHEN  A DISPUTE SUBJECT OF A NOTICE OF STRIKE IS FORTHWITH TREATED AS A PREVENTIVE MEDIATION CASE, MAY THE UNION LATER ON STAGE A STRIKE ON ACCOUNT OF THE SAME DISPUTE?

WHO HAS THE DUTY TO DECLARE THAT THE NOTICE OF STRIKE/LOCKOUT HAS BEEN CONVERTED INTO A PREVENTIVE MEDIATION CASE?

MAY A LABOR DISPUTE, SUBJECT OF A NOTICE OF STRIKE OR LOCKOUT, MATURE INTO A VOLUNTARY ARBITRATION CASE?

WHEN MAY A STRIKE OR LOCKOUT BE DECLARED ILLEGAL?

WHO HAS JURISDICTION TO DETERMINE THE LEGALITY OF  STRIKE AND LOCKOUT?

MAY A VOLUNTARY ARBITRATOR DETERMINE THE LEGALITY OF A STRIKE?

CAN ANY PERSON PERFORMING ANY OF THE PROHIBITED ACTIVITIES MENTIONED IN THE PROCEEDING PARAGRAPH BE CHARGED BEFORE THE COURT?

WHAT IS THE PENALTY IMPOSABLE?

IS AN EMPLOYEE WHO PARTICIPATES IN A LAWFUL STRIKE DEEMED TO HAVE ABANDONED HIS EMPLOYMENT?

IS PARTICIPATION BY AN EMPLOYEE IN STRIKE SUFFICIENT GROUND FOR AN EMPLOYER TO TERMINATE HIS EMPLOYMENT?

ARE THE STRIKERS ENTITLED TO PAYMENT OF WAGES DURING THE PERIOD OF A LAWFUL STRIKE?

MAY A STRIKE/LOCKOUT BE ENJOINED/PREVENTED BY LEGAL PROCESS?

WHAT  IS THE EXTENT OF THE POWER OF THE PRESIDENT OR THE SECRETARY OF LABOR AND EMPLOYMENT TO ISSUE ASSUMPTION AND CERTIFICATION ORDERS?
 

WHEN A DISPUTE IS ASSUMED BY THE PRESIDENT OR THE   SECRETARY OF LABOR, OR CERTIFIED TO THE NLRC FOR COMPULSORY ARBITRATION, MAY A STRIKE OR LOCKOUT BE DECLARED ON  ACCOUNT OF THE SAME DISPUTE?

WHAT IS THE NATURE OF THE RETURN-TO-WORK ORDER?

WHAT ARE THE LEGAL CONSEQUENCES IN CASES OF  DEFIANCE OF THE RETURN-TO-WORK ORDER BY THE EMPLOYER AND BY THE EMPLOYEES?

CAN THE PHILIPPINE NATIONAL POLICE (PNP) BE DEPUTIZED TO  ENFORCE ORDERS FROM THE DEPARTMENT OF LABOR?

IN CASE  THE  PNP IS DEPUTIZED TO ENFORCE ORDERS FROM THE  DEPARTMENT OF LABOR, WHAT WILL BE ITS ROLE?

WHAT IS A STRIKE AREA?

IS   THE  INGRESS AND EGRESS OF THE ESTABLISHMENT PART OF  THE STRIKE AREA?

WHO IS A STRIKE-BREAKER?