LABOR DISPUTE SETTLEMENT

LABOR DISPUTE
any controversy concerning terms or conditions of employment; concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment;

a deviation of opinion between an employer and employee.

REMEDIES
A. Grievance Machinery

B. Conciliation C. Mediation
D. Arbitration
VOLUNTARY ARBITRATION COMPULSORY ARBITRATION

LABOR DISPUTE SETTLEMENT

A. Collective bargaining and Voluntary arbitration B. Compulsory arbitration of labor disputes

Three Tiers of Labor Dispute Settlement

COMPULSORY ARBITRATION
involving labor disputes in industries indispensable to national interest;
where action is brought by either party for alleged violation of the Labor Code.

COMPULSORY ARBITRATION
ARBITRABLE DISPUTES (Art. 217)
a) Unfair labor practice cases; b) Termination disputes;

c)

If with a claim for reinstatement, those cases that workers may file involving wages, rates of pay, hours of work and other terms and conditions of employment;

d) Claims for actual, moral, exemplary and other forms of damages arising from the employer-employee relations;

VOLUNTEERISM
the Preferred mode of Dispute Settlement
Art. XIII, Sec 3 (1987 Constitution)The State shall promote the

principle of shared responsibility

between workers and employers and the preferential use of voluntary modes of settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace

Three Tiers of Labor Dispute Settlement

PROCESS OF LABOR DISPUTE SETTLEMENT

SC

CA

NLRC

DOLE Sec.

BLR

NCMB

Labor Arbiter

Regional Director

MedArbiter

Voluntary
Arbitration

Conciliation/ Mediation

Negotiation

Voluntary Arbitration
1. interpretation or implementation of the CBA (Art. 261) 2. interpretation or enforcement of company personnel policies (Art. 261)

Conciliation/Mediation
1. Preventive mediation All issues not settled by both parties at plant level. Notice of Strike/Lockout Strikeable issues: a. CBA Deadlock b. 30 days cooling off period

Negotiation Grievance Machinery

2.

3. Violation of CBA except those which are gross in character (Art. 261)
4. Wage Distortion cases (Art. 124) 5. other labor disputes including ULP and bargaining deadlocks. (Art. 262)

Voluntary Arbitration

Conciliation /Mediation

Negotiation
Grievance Machinery
in-house adjustment of complaint, problem or dispute following the steps prescribed in the Collective Bargaining Agreement or company policy.

COLLECTIVE BARGAINING
The Labor Code provides for: Bargaining procedures (Article 250) Defines the meaning of the duty to bargain in good faith Provides enforcement procedures and sanctions in the event of non-compliance with procedures and the duty to bargain collectively

Voluntary Arbitration
1. interpretation or implementation of the CBA (Art. 261) 2. interpretation or enforcement of company personnel policies (Art. 261) 3. Violation of CBA except those which are gross in character (Art. 261)

Conciliation/ Mediation

Negotiation

4. Wage Distortion cases (Art. 124)

5. other labor disputes including ULP and bargaining deadlocks. (Art. 262)

CONCILIATION and MEDIATION

NATIONAL CONCILIATION AND MEDIATION BOARD (NCMB)
attached to the Department of Labor and Employment (DOLE)

administratively supervised by the Department Secretary

created to assist parties to settle their disputes amicably Without adjudicatory powers unless voluntarily agreed upon by the parties

CONCILIATION and MEDIATION

NCMB FUNCTIONS
(a) Perform preventive mediation and conciliation functions;
(b) Administer the voluntary arbitration program; maintain/update a list of voluntary arbitrations; compile arbitration awards and decisions;

(c) Provide counseling and preventive mediation assistance particularly in the administration of collective agreements;

PROCESS OF LABOR DISPUTE SETTLEMENT

SC

CA

NLRC

DOLE Sec.

BLR

NCMB

Labor Arbiter

Regional Director

MedArbiter

Voluntary
Arbitration

Conciliation/ Mediation

Negotiation

Voluntary Arbitration

Conciliation/Mediation
1. Preventive mediation All issues not settled by both parties at plant level. 2. Notice of Strike/Lockout Strikeable issues: a. CBA Deadlock b. 30 days cooling off period

Negotiation

CONCILIATION and MEDIATION

STEPS IN CONCILIATION-MEDIATION PROCEEDINGS:
a) Case receipt/docketing b) Conduct of Conciliation Conference/Hearing c) Mediation Conference d) Settlement/Resolution of Disputes

AGUHOB DEVELOS

LLENO

THATS ALL THANK YOU =)

Thank you for not sleeping :D Good night! Ingat!

ADR GROUP 8

AGAD