Labor Dispute

any controversy concerning terms or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether or not the disputants stand in the proximate relation of employer and employee; Or simply, a deviation of opinion between an employer and employee.

Grievance Procedurein-house adjustment of complaint, problem or dispute following the steps prescribed in CBA or company policy Conciliation to draw together - a process where a disinterested third party meets with management and labor at their request or otherwise during a labor dispute or in collective bargaining conferences and by cooling tempers aids in reaching an agreement

Mediation to be in the middle- a third party studies each side of the dispute then makes proposal for the disputants to consider. But a mediator, like a conciliator, cannot render an award or render a decision; they do not adjudicate. Conciliation and mediation, usually combined, are done primarily by conciliators-mediators of the NCMB Arbitration- the submission of a dispute to an impartial person for determination on the basis of evidence and arguments of the parties. Arbitration, unlike conciliation or mediation, is adjudication and the arbitrators decision or award is enforceable upon the disputants. Voluntary- if submission of the dispute is by agreement of the parties and the arbitrators or panel of arbitrators is chosen by them. Done by voluntary arbitrators, the award is final and unappealable except through certiorari. Compulsory- if submission of the dispute is by directive of law. Unlike a conciliator or a mediator, an arbitrator is a judge; he makes decisions and awards that the parties must accept. Done primarily by the Labor Arbiters of the NLRC. The decision is appealable to the NLRC then to the CA through special civil action through certiorari.

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The two methods to settle labor disputes are through: A. Collective Bargaining Agreements and Voluntary Arbitration B. Compulsory Arbitration

COMPULSORY ARBITRATION

Arbitrable Issues Article 217 of the Labor Code Some of the issues wherein the Labor Arbiter has original and exclusive jurisdiction.

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ALTERNATIVE MODES OF DISPUTE RESOLUTION IN LABOR CASES

In the diagram, the largest portion in settling Labor Disputes is on Alternative Dispute Resolution modes. This accords with the desire of the Constitution to voluntarily settle disputes arising in the work environment.

A further illustration is in this diagram, focusing on the three (3) main methods of Alternative Dispute Resolution.

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An expansion of the previous diagram which shows the issues covered under each method which will be discussed in detail below.

COLLECTIVE BARGAINING
Negotiation The steps in settling the dispute is agreed upon by the employees and the employer as indicated in the Collective Bargaining Agreement (CBA) or it can be already prescribed in the company policy.

Collective Bargaining Agreement

For setting hours of work and other terms and conditions of employment.

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Art. 250. Procedure in collective bargaining, Labor CodeThe following procedures shall be observed in collective bargaining: 1. When a party desires to negotiate an agreement, it shall serve a written notice upon the other party with a statement of its proposals. The other party shall make a reply thereto not later than ten (10) calendar days from receipt of such notice; 2. Should differences arise on the basis of such notice and reply, either party may request for a conference which shall begin not later than ten (10) calendar days from the date of request. 3. If the dispute is not settled, the Board shall intervene upon request of either or both parties or at its own initiative and immediately call the parties to conciliation meetings. The Board shall have the power to issue subpoenas requiring the attendance of the parties to such meetings. It shall be the duty of the parties to participate fully and promptly in the conciliation meetings the Board may call; 4. During the conciliation proceedings in the Board, the parties are prohibited from doing any act which may disrupt or impede the early settlement of the disputes; and 5. The Board shall exert all efforts to settle disputes amicably and encourage the parties to submit their case to a voluntary arbitrator. (As amended by Section 20, Republic Act No. 6715, March 21, 1989)

Duty to bargain in Good Faith

a) Specifying the standard of conduct or behavior of the parties during the negotiation process b) Enumerating the negotiable or bargainable issues c) A prohibition to terminate a collective bargaining agreement during its lifetime, and providing for its continued enforceability even after its expiry date, in the absence of a new agreement

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VOLUNTARY ARBITRATION
The Labor Code was amended in 1989 by Republic Act No. 6715, through the addition of a new title, specifically, Title VII A Grievance Machinery and Voluntary Arbitration. The amendment was designed to emphasize and promote voluntary arbitration as a mode of settlement and as an alternative to the use of economic weapons in labor disputes. The salient features of the amendment are: (a) Requiring all collective bargaining agreements to provide for a grievance procedure to resolve disputes arising from the interpretation or implementation of the agreement, with voluntary arbitration as the last step of the grievance procedure; (b) A procedure for the designation or selection of a voluntary arbitrator or panel of arbitrators; (c) Original and exclusive jurisdiction, and jurisdiction that may be voluntarily conferred upon by the parties, on a voluntary arbitrator or panel of voluntary arbitrators; (d) Procedures for voluntary arbitration; and (e) Costs of voluntary arbitration.

Jurisdiction
I. Original and Exclusive jurisdiction to hear and decide : 1. All unresolved grievances arising from the interpretation or implementation of the Collective Bargaining Agreement; (Article 261) 2. those arising from the interpretation or enforcement of company personnel policies referred to in the immediately preceding article. (Article 261) 3. Accordingly, violations of a Collective Bargaining Agreement, except those which are gross in character, shall no longer be treated as unfair labor practice and shall be resolved as grievances under the Collective Bargaining Agreement. For purposes of this article, gross violations of Collective Bargaining Agreement shall mean flagrant and/or malicious refusal to comply with the economic provisions of such agreement. (Article 261) II. Others 4. III. Adjudicate wage distortion disputes in organized establishments (Article 124)

Upon agreement of the parties, shall also hear and decide all 5. Other labor disputes including unfair labor practices and bargaining deadlocks. (Article 262)

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CONCILIATION AND MEDIATION

The NCMB, created under Executive Order No. 126, reorganizing the DOLE, shall formulate policies, develop plans and programs and set standards and procedures relative to the promotion of conciliation and mediation of labor disputes through the preventive mediation, conciliation and voluntary arbitration; facilitation of labormanagement cooperation through joint mechanisms for information sharing, effective communication and consultation and group-problem solving.

Art. 250. Procedure in collective bargaining, Labor Code xxx (3) If the dispute is not settled, the Board shall intervene upon request of either or both parties or at its own initiative and immediately call the parties to conciliation meetings. The Board shall have the power to issue subpoenas requiring the attendance of the parties to such meetings. It shall be the duty of the parties to participate fully and promptly in the conciliation meetings the Board may call; xxx (5) The Board shall exert all efforts to settle disputes amicably and encourage the parties to submit their case to a voluntary arbitrator. (As amended by Section 20, Republic Act No. 6715, March 21, 1989)

Pertinent provisions of Sec. 22, Executive Order No. 126 on the functions of the NCMB in relation to labor dispute settlement.

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A notice of strike or lockout maybe filed on ground of unfair labor practice acts, gross violation of the CBA, or deadlock in collective bargaining. A complaint on any of the above ground must be specified in the NCMB Form or the proper form used in the filing of complaint. In case of preventive mediation, any issue may be brought before the NCMB Central Office or its regional offices for conciliation and possible settlement through a letter. This method is more preferable than a notice of strike/lockout because of the non-adversarial atmosphere that pervades during the conciliation conferences.

Procedure
a) Case receipt/docketing upon receipt of cases, the parties will be called within 7- day period, however if the case is union busting, the parties should be called at once; b) Conduct of Conciliation Conference/Hearing hearing/conference will be called to validate the substantive issues and concerns. c) Mediation Conference includes the recapitulation of substantive points to be considered during the first conference/hearing, followed by agreement of parties on the process involve and on all the issues surfaced on previous hearings. d) Settlement/Resolution of Disputes when both parties came to terms, agreements will be drafted in form of resolutions. If parties failed to agree, the case will be returned back at the plant level LMC or endorsed to Voluntary Arbitration.

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