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LABOR DISPUTE SETTLEMENT


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LABOR DISPUTE

any controversy concerning terms orconditions 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.


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A. Grievance Machinery

REMEDIES

B. Conciliation

D. Arbitration

C. Mediation

VOLUNTARY ARBITRATION

COMPULSORY ARBITRATION


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LABOR DISPUTE SETTLEMENT

A. Collective bargaining andVoluntary arbitration

B. Compulsory arbitration

of labor disputes


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Three Tiers of

Labor Dispute Settlement


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involving labor disputes in

industries indispensable to

national interest;

where action is brought by either

party for alleged violation of the

Labor Code.



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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 ofdamages arising from the employer-employee relations;


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VOLUNTEERISM

the Preferred modeof Dispute Settlement

Art. XIII, Sec 3 (1987 Constitution)-

The State shall promote the

principle of shared responsibilitybetween 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


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Three Tiers of

Labor Dispute Settlement


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SC

CA

BLRDOLE Sec.NLRC NCMB

Labor

Arbiter

Med-

Arbiter

Regional

Director

VoluntaryArbitration

Conciliation/

Mediation Negotiation

PROCESS OF LABOR DISPUTE SETTLEMENT


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NegotiationVoluntary

Arbitration

Conciliation

/Mediation

Grievance Machinery

in-house adjustment of

complaint, problem or dispute

following the steps prescribedin the Collective Bargaining

Agreement or company

policy.


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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 withprocedures and the duty to bargain collectively


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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


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(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;


NCMB FUNCTIONS


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SC

CA

BLRDOLE Sec.NLRC NCMB

Labor

Arbiter

Med-

ArbiterRegional

Director

VoluntaryArbitration

Conciliation/

Mediation Negotiation

PROCESS OF LABOR DISPUTE SETTLEMENT


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Conciliation/MediationVoluntary

ArbitrationNegotiation

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


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STEPS IN CONCILIATION-MEDIATION

PROCEEDINGS:a) Case receipt/docketing

b) Conduct of Conciliation Conference/Hearing

c) Mediation Conference

d) Settlement/Resolution of Disputes



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DEVELOSLLENOAGUHOB

THATS ALL THANK YOU =)


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AGAD

Thank you for not

sleeping :DGood night!

Ingat!

ADRGROUP

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