News Feature

NCMB – DOLE

NCMB SETTLES AJ CASES

The Secretary of Labor and Employment continues to exercise prudence in acting on petitions for assumption of jurisdiction by instructing NCMB to conduct marathon conciliation-mediation conferences and explore all options for possible settlement, prior to any decision to assume jurisdiction over the cases.

This is what happened to Foremost Farms, Inc., Coca-Cola Bottlers Philippines, Inc – Cagayan De Oro Plant, and BPI Family Savings Bank, all organized companies whose CBAs are up for renewal this year, experienced impasse in their plant-level negotiations and sought the intervention of the Secretary of Labor and Employment.

Due to the adverse effects of a strike in these companies to the workers and their families, to the general public and to the national economy which continues to feel the pinch of the current global financial crisis, the Secretary of Labour and Employment had to assume jurisdiction over the said disputes to immediately resolve the same and prevent the disputes from maturing into work stoppages.

The assumption of jurisdiction by the Secretary of Labor is understood to be without prejudice to the agreement of the parties to continue negotiations with the assistance of the NCMB until a mutually acceptable settlement is agreed upon.

Separate assumption orders were thus issued: December 12, 2008 for CCBPI – CDO Plant; July 29, 2009 for Foremost Farms, Inc. and July 13, 2009 for BPI Family Savings Bank.

While these cases were still pending before the Office of the Secretary, NCMB continued mediating and conciliating the disputes in an effort to find a mutually acceptable solution.

NCMB’s efforts did not prove futile.

On August 14, 2009, parties at the Foremost Farms, Inc. agreed to settle, paving the way for the signing of their collective bargaining agreement. They simultaneously filed motions to withdraw their case on September 10, 2009. The agreement benefited some 171 employees with over P4.6M in CBA packages.

Likewise, the parties at CCBPI – CDO Plant concluded a Memorandum of Agreement on July 28, 2009 to finally settle their dispute, benefiting 52 employees with P5M in CBA packages.

Further, on October 16, 2009, the parties at BPI Family Savings Bank reached an agreement to finally settle their dispute. The team of Exec. Director Reynaldo R. Ubaldo, NCMB NCR Director Walfredo D. Villazor and Con-Med Angelita S. Narvaez succeeded in persuading the parties to sign an agreement that put an end to their deadlock. As a result, some 1,038 employees benefited with close to P65M in CBA packages.

The agreement signed by the parties to these disputes were adopted as the basis in the disposition of the AJ orders covering the aforementioned cases and assured the parties of continued industrial peace and stability in these companies.

Eight other cases that were already subjects of petitions for assumption of jurisdiction by the Secretary were likewise settled through marathon conciliation-mediation by the NCMB.

These cases involved the following companies: Bank of the Philippine Islands, Purefoods Hormel Company, Columbia Wire and Cable Corporation, San Miguel Yamamura Packaging Corporation, Victor Potenciano Medical Center, Republic Cement Corporation, Sagara Metroplastic Industrial Corporation, and Toyo Inc. Compounds Corporation.

All of the cases involving these companies were anchored on bargaining deadlock, except for San Miguel Yamamura which was filed on account of ULP.

The case of Bank of Philippine Islands was settled by Con-Med Gil G. Caragayan on September 1, 2009, rendering the petition for assumption of jurisdiction moot and academic. The amicable settlement of the case benefited some 3,423 employees with P510M in CBA packages.

The cases involving the other companies were likewise settled through conciliation-mediation, with economic packages ranging from P2M to P32M benefiting the covered workers.

The case at San Miguel Yamamura was submitted to voluntary arbitration by the Secretary of Labour and Employment. (William E. Calina)