Management at Nestle Philippines Incorporated (Tanuan) agrees to new CBA package after RCMB- IVA settles dispute

National Conciliation and Mediation Board
August 31, 2017

Director Feliciano R. Orihuela Jr., Regional Conciliation and Mediation Branch IV-A announced the conclusion of the new Collective Bargaining Agreement (CBA) between the management and union at Nestle Philippines Incorporated (Tanauan) after the Regional Conciliation and Mediation Branch – IV-A settled the notice of strike involving the parties.

The union, Buklod ng Pagkakaisa Nestle Tanauan (PTGWO) filed a notice of strike case on July 11, 2017 on account of deadlock in bargaining negotiation specifically wage increase, union leave, signing bonus, medical benefits and productivity incentives among others.

RCMB Director Orihuela said the union and the company signed the agreement on August 3, 2017.

Citing a report from Director Orihuela, the parties agreed to a 5-year CBA providing for a wage increase of P12,000, P 20,000 lump sum amount per year, P27,900 christmas package P7,700 birthday gift package and medical allowance for all covered employees.

The CBA will run from August 3, 2017 to August 2, 2022.

Orihuela lauded conciliator-mediator Nina C. Lorena for expediently resolving the deadlock. “Her efforts in facilitating settlement averted another work stoppage which could have caused disastrous effects on the livelihood of the affected workers and their families,” he said.

Buklod ng Pagkakaisa Nestle Tanauan., an affiliate of the Philippine Trade and General Workers Organization (PTGWO), is the sole and exclusive bargaining agent of the more or less 119 union members of the company. It is headed by Mr. Owen Fernandez, union president.

The company is engaged in manufacturing of coffeemate and bear brand powdered milk. It is located inside the First Philippine Industrial Park in Tanauan Batangas.- Diadema A. Aguirre with reports from Gerard Peter C. Mariano

More SENA settle in NCMB Central Office & Regional Conciliation Mediation Branch; 12 workers receive P 1M in settlement benefits

National Conciliation and Mediation Board
August 29, 2017

National Conciliation and Mediation Board Executive Director Shirley M. Pascual reported the settlement of labor disputes through the Single Entry Approach (SENA) Program.

In a report to Executive Director Pascual, Request for Assistance (RFAs) received involves individuals who sought the intervention of the Board to address their differences against their respective companies.

Pascual said that there is an increasing number of workers availing the SENA program, due to its accessibility and its speedy mechanism to resolve labor issues and conflicts. Some of the Requests for Assistance received by the Board involved the following workers and companies:

1) Mssrs. Teotimo Aguspina and Laurelio Nadua, electricians of T & D Power Systems Corporation filed a request for assistance on June 28, 2017 at the NCMB Central Office on grounds of underpayment of wages, overtime pay, pro-rated 13th month pay and sick leave. The two affected workers received a total amount of P 22,851.13 as full and complete settlement of their claims in July 19, 2017.

2) Ms. Hazel V. Togle, of Brgy. Tatalon, Quezon City, a janitress/helper at La Funeraria Paz, Inc. filed a request for assistance on June 28, 2017 at the NCMB Central Office on grounds of non-payment of pro-rated 13th month pay and last salary. On July 21, 2017, parties mutually agreed to settle. Ms. Togle received a total amount of P18,158.70.

3) Miss. Aida N. Managad of San Jose Del Monte, Bulacan, plant supervisor at Global Ice Maker Enterprises for more than four years sought the intervention of RCMB- III on July 3, 2017 for alleged illegal dismissal, non-payment of services, incentive leave, and 13th month pay. After two (2) conciliation-mediation conferences on July 12, 2017, parties agreed to settle the issues amicably. Ms. Managad received a total amount of P 40,000 for her separation pay, pro-rated 13th month pay, and service incentive leaves for three (3) years.

4) Mesdames Angelica Buni and Ma. Susana M. Gallego, sales clerk and therapist at Circle J General Store, respectively filed their Request for Assistance at RCMB– III on June 27, 2017 on grounds of underpayment of wages and non-payment of 13th month pay. On July 3, 2017, management agreed to pay a financial assistance of P32,000 to Ms. Buni and P18,000 to Ms. Gallego, in lieu of their separation pay.
5) Mr. Dominador Gultian an employee of Pentax Printing Press sought the assistance of RCMB- 4B through SEADO Mr. Cesar D. Cacayuran on June 29, 2017 for his retirement pay. The parties did not appear in the initial conference scheduled last July 6, 2017. However, on July 7, 2017 the parties informed RCMB- 4B office that Mr. Gultian received his long awaited retirement benefits amounting to P333,405. A copy of quitclaim and release waiver were sent through fax to RCMB4-B office as a proof of settlement of the said RFA.

6) Mr. Roderick C. Alamo, maintenance employee of Blumol, Inc. sought the assistance at RCMB -4B on July 20, 2017 for alleged illegal dismissal and non- payment of separation pay since April 2009. After a thorough discussion and validation of issues, parties settled amicably on July 27, 2017. A financial assistance in the amount of P40,000 was granted for his claims.

7) Mr. Ronilo Gella and Mr. Felix Bejox, instructors at Concord Technical Institute sought the assistance of RCMB- VII last June 16, 2017 for separation claims. On July 4, 2017 Mr. Gella and Mr. Bello received P 100,000 and P200,000 respectively as full settlement of their separation pay.

8) Sun-Pleats Cebu Corporation sought the intervention of RCMB- VII to assist them on a conflict dispute between the company and Mr. Glenn B. Limatoc, a supervisor. Mr. Limatoc is a candidate for dismissal due to poor performance. On July 24, 2017 management agreed to offer a separation package in the amount of P250,000 which he received on the following day. Both parties were satisfied in the outcome of the settlement. For the management, the conflict was resolved and for the employee,he received a higher amount than what he expected.

9) Mr. Ariel Dinaga, driver for 3 years at Steel Dragon Hardware filed a SENA request on July 10, 2017 at RCMB- VIII for alleged illegal dismissal. He was dismissed for repetitive absenteeism. On its initial conference on July 17, 2017 both parties agreed to settle the issue. Mr. Dinaga received P 5,000 for his claim.

Overall, Pascual said the RCMBs settle an RFA through conciliation-mediation in an average of 26 days, 4 days faster than the mandated 30 days.

Pascual commended the workers and the employers for their cooperation that led to the settlement of the requests for assistance. She also commended the following NCMB Single Entry Approach desk officers: Director Lourdes P. Estioco, Conciliator-Mediators Othello B. Tongio, Jr., Onofre H. Bautista, Paciano L. Murro Jr. Supervising LEO Rosanna C. Cruz and LEOs Rhoda A. Blanco, Cesar D. Cacayuran and Papiniano O. Macayan III for their untiring efforts to ensure the speedy resolution of labor issues of workers to prevent losses to both parties and the economy.- Diadema Aquino Aguirre


National Conciliation and Mediation Board
August 25, 2017

Two hundred forty-four members of Concerned Employees of Cathay Drug Company Incorporated Labor Union (TCECDCILU) stood together to benefit from the settlement of the preventive mediation case filed by their union against Cathay Drug Company Incorporated.

Citing a report from RCMB – NCR Director Teresita E. Audea, Executive Director Shirley M. Pascual said the case was settled on August 14, 2017, only 13 days after the Concerned Employees of Cathay Drug Company Incorporated Labor Union filed a preventive mediation case on July 31, 2017 for deadlock in bargaining negotiation.

The settlement paved the way for the forging of the last two years of the CBA covering the period from July 1, 2017 to June 30, 2019.

The agreement provided for a total economic package of P30 million benefitting 244 employees. Salient points of the agreement includes salary increases for the 4th & 5th year of the CBA, merit increase, union leaves, 14th & 15th month pay, signing bonus, sick and leave vacation cash conversion and retirement benefit for 20 years in service.

The agreement also provides funeral assistance, birthday gift, education loan, loyalty award, group life accident insurance, dental or optical benefit, educational subsidy, medical assistance, rice allowance, incentive plan, calamity loan and HMO per existing provision for all covered employees.

The Board provided the parties with some concepts on productivity and workplace innovation which helped in solving the issues and enabled the parties to move forward with their workplace partnership.

“The settlement resulted to mutually acceptable worker’s benefits and more importantly, it ensured that peace and harmony continues to prevail in the company,” Pascual added.

Pascual commended conciliator-mediator Estelita S. Bautista who was able to facilitate the settlement in 13 workings days.

Cathay Drug Company Incorporated is a pharmaceutical company and is located at 2nd Floor Vernida 1 Condo, 120 Amorsolo St. Makati City. It employs more or less 244 employees. It is represented by Ms. Greta Go, owner of the company and assisted by its legal counsel Atty. Anselmo Cadiz.

The Concerned Employees of Cathay Drug Company Incorporated Labor Union represented the 244 employees in the bargaining unit, all of which are union members. It is headed by Mr. Titus Labrador, union vice – president and assisted by Mr. Allan Guarino. –Diadema A. Aguirre

Dispute at Supreme Steel Pipe Corporation Settled

National Conciliation and Mediation Board
August 29, 2017

National Conciliation and Mediation Board Executive Director Shirley M. Pascual announced the settlement of the notice of strike involving Supreme Steel Pipe Corporation and its union, the Nagkakaisang Manggagawa ng Supreme Steel Pipe Corporation – (NAFLU-KMU).

Citing a report from RCMB- III Director Edgar G. Aquino, Pascual said the parties reached settlement on August 16, 2017, paving the way for the conclusion of the negotiations their collective bargaining agreement (CBA) for the last two years.

On May 17, 2017, the Nagkakaisang Manggagawa ng Supreme Steel Pipe Corporation – (NAFLU-KMU) filed a notice of strike case against Supreme Steel Pipe Corporation citing bargaining deadlock particularly on wage increase, sick leave, vacation leave, rice subsidy, mid-year bonus, labor education assistance, regularization, 13th month pay, excursion, Christmas package, signing bonus, office rental and equipment.

The parties agreed to a settlement package worth P 5.4 Million which will benefit 150 union members of the bargaining unit. Pascual added.

She said the parties agreed to a wage increase of P19.00 per day for the 4th and 5th year of the CBA. In lieu of backwages, a lump sum of P16,000 shall be given to each covered employee as salary differential from June 1, 2016 to August 31, 2017. Payment of signing bonus, mid-year bonus and other wage related benefits except overtime pay are also included in the CBA package. The parties also agreed for the integration of the P38.00 wage increase for 2 years which took effect on September 1, 2017. Mid-Year bonus will be performance- based, ranging from P1,000 to P3,000.

Management agreed to provide the union with office space, furniture and Labor Education assistance of P 50,000 per year. Moreover, management also agreed to withdraw the case pending at the Court of Appeals in relation to mid-year bonus.

Pascual commended the parties for finally signing their CBA and praised RCMB- III effort in facilitating settlement. “With this agreement a strike was averted and the parties are assured of continued harmony in the workplace,” she said.

Supreme Steel Pipe Corporation, is engaged in the manufacture of steel pipe. It is located at Brgy. Perez, Meycauayan, Bulacan. It has more or less 700 employees.

Nagkakaisang Manggagawa ng Supreme Steel Pipe Corporation – (NAFLU-KMU) is headed by Mr. Eduardo S. Ellorenco, Jr. Union President and assisted by Mr. Antonio Pascual, Secretary General of NAFLU-KMU. – Diadema A. Aguirre


Good News
National Conciliation and Mediation Board
Regional Conciliation and Mediation Branch II
10 July 2017

Tuguegarao City – In compliance with Republic Act 9165 otherwise known as the Comprehensive Dangerous Drugs Act of 2002, all personnel of the Regional Conciliation and Mediation Branch II, underwent a mandatory drug testing on July 7, 2017 at the City Health Office duly authorized and accredited by the Department of Health (DOH), RCMB II Director Gil G. Caragayan said.

“All employees of the branch voluntarily submitted themselves to undergo the mandatory drug testing in support of the drug-free workplace campaign of the administration,” Caragayan added.

The National Conciliation and Mediation Board Central Office encouraged all RCMBs to conduct mandatory random drug testing in compliance with the Civil Service Commission Memorandum Circular (MC) No. 13, series of 2017. The said issuance directs all government agencies to conduct, within six months of the effectivity of said policy, a mandatory, random, and suspicion less drug testing of public officials and employees as a condition for retention in the government service.

“We are pleased to announce that all employees of the branch were found negative in our drug tests,” Caragayan said.

The CSC released the guidelines for a drug-free workplace. It also states that government agencies must conduct periodic drug testing in an interval not to exceed two years.

The guidelines cover all government officials and employees, excluding officers and members of the military, police, and other law enforcement agencies who are subjected to a different set of rules.



News Release
National Conciliation and Mediation Board
Regional Branch No. III
24 July 2017

Through the joint efforts extended by Conciliator-Mediator Onofre H. Bautista, Supervising LEO Rosanna C. Cruz, and LEO III Rhoda A. Blanco, the Regional Conciliation and Mediation Branch III was able to settle amicably three Requests for Assistance (RFA) in just one sitting, Director Edgar G. Aquino announced today.

Angelica Buñi and Ma. Susana Gallego, sales clerk and therapist respectively, filed their SENA request on June 27, 2017 on grounds of underpayment of wages and non-payment of 13th month pay.

During the first conciliation conference on July 03, 2017, Mr. Jesse Lee, General Manager of Circle J General Stores agreed to pay financial assistance of P32,000.00 to Buñi and P18,000.00 to Gallego in lieu of their separation pay.

Mr. Darwin G. Tulo, a trailer driver of Rencel Trucking, Inc, filed an RFA on July 10, 2017 over non-payment of wages and stand-by pay or tukod.

On July 17, 2017, Tulo, received the total amount of P5,285.00 as payment for unpaid salaries, stand-by pay or tukod and issuance of his certificate of employment.

While, Mr. Jessie Canal, a family driver, availed the assistance of the Branch on July 12, 2017 alleging illegal dismissal.

On July 19, 2017, Canal received financial assistance of P5,000.00 from his employer Mrs. Celia Torres Timbol.

The early settlements of the three Requests for Assistance (RFAs) filed by requesting parties from Subic, Zambales, Floridablanca, Pampanga and Angeles City proved that combined training and skills plus sharing of experiences enhanced everyone’s knowledge.

/END, Ma. Girlie D. Layug


Good News
National Conciliation and Mediation Board
Regional Branch No. III
17 July 2017

The Regional Conciliation and Mediation Board joined the Clark Development Corporation’s one-day area wide seminar as part of its information and education campaign focusing on the latest developments on Social Welfare and Labor dubbed as “Malasakit sa Trabaho Kaagapay sa Benepisyo” held at the Somerset A Royce Hotel and Casino, Clark Freeport Zone on 7 July 2017.

Representatives from the Department of Labor and Employment Regional Office III, Social Security Services (SSS), Philippine Health Insurance Corporation (Philhealth), and Pag-Ibig Fund were present in the said activity.

The seminar intends to update Clark Freeport Zone (CFZ) locators on social welfare benefits, labor standards and labor compliance program. It also aims to provide conciliation-mediation process.

In Social welfare program, participants were provided with information on the Updates on Philhealth Membership and Collection, Provident Benefit, New Guidelines on Accreditation of Pag-Ibig Fund Coordinators, and Housing Loan Program were presented.

The resource speakers from DOLE gave some inputs on labor specifically on Alternative Dispute Resolution, Regional Wage Order No. RBIII-20, and Department Order No. 174, series of 2017.

The seminar ended efficaciously, enriching the knowledge of the 278 attendees from 180 CFZ locators.

The seminar was conducted in accordance with the Memorandum of Agreement of CDC between NCMB, DOLE, SSS, and PhilHealth.
END/ Rhoda A. Blanco

RCMB IV-A Settles Notice of Strike at Eurotiles Industrial Corporation Members Assure P17.75 M Separation Pay and Monetary benefits

National Conciliation and Mediation Board
July 28, 2017

National Conciliation and Mediation Board Executive Director Shirley M. Pascual announced today the settlement of the labor dispute involving Eurotiles Industrial Corporation and its union.

Citing a report from RCMB IV-A Dir. Feliciano R. Orihuela, Jr., Pascual said the company and its union, the Samahan ng Mangagawa ng Eurotiles – Alliance of Nationalist and Genuine Labor Organizations (SME – ANGLO) agreed to settle on July 21, 2016, following the successful conciliation efforts facilitated by Conciliator-Mediator Cynthia C. Foncardas.

Nestle 2017 RB4A

On April 25, 2017, the union filed a notice of strike case against the company on the issue of alleged unfair labor practices specifically union busting, illegal retrenchment and harassment.

Pascual said the company was forced to retrenched employees due to the claim of the management that the company suffered losses for the past years and cannot compete with imported ceramic tiles from China. The ceramic industry faces certain problems associated with the importation of ceramic tile with much modern and innovative design. Eighty nine union & non-union members were retrenched by the management in 2 batches. Fifty employees were retrenched on the first batch and another 39 were retrenched on the 2nd batch, which were implemented on April 29, 2017 and May 29, 2017, respectively. Of the 89 workers retrenched, 68 are union members. The company paid a month salary to the affected employees in lieu of the one month notice prior to the implementation of the retrenchment. The separation package includes 13 days pay/year of service, pro-rated 13th month pay and unused leave.

On July 21, 2017, after several conciliation conferences parties agreed to settle their dispute amicably. She said the 89 members of the rank and file were assured to receive a separation package worth P 15.35M and an additional P 2.4M monetary benefits for the 68 union members.

Pascual cited the efforts of conciliator-mediator Cynthia C. Foncardas for the settlement of the dispute and lauded the parties for choosing a peaceful settlement rather than pushing through with a strike. The agreement also manifest the trust and confidence of the parties in the objectivity and sense of fairness of the handling Conciliator-Mediator.

“This once again demonstrates that win win solution is still the best option in labor dispute resolution. Clearly, conciliation-mediation is working to the advantage and benefit of our country’s workers and employers thru the amicable settlement of labor disputes,” Pascual added.
The company, Eurotiles Industrial Corporation is engaged in the production of ceramic tiles and tiles adhesives. It is located in Biga, Silang, Cavite. It has more or less 200 employees and is represented by its President, Mr. Paquito Ngo. – Diadema Aquino Aguirre.


Good News
National Conciliation and Mediation Board
Regional Branch No. IV-A
19 July 2017

LAGUNA – The actual strike case between the management of Nestle Philippines Lipa factory and the Manggagawa ng Nestle Lipa Factory – Philippine Transport and General Workers’ Organization (NCWU-PTGWO) finally came to a conclusion on 14 July 2017.

The actual strike case, which lasted for two months and two days since its declaration on 12 May 2017, was successfully settled with a five-year CBA package with a computed cost benefit of P223M.

The CBA provides for a P12,000.00-wage hike package spread over the span of five years and a host of other benefits such as increase in medical and hospitalization benefits, Christmas and birthday packages to name a few.

According to Conciliator-Mediator  Deila D. Yu, the branch conducted a series of conciliation-mediation conferences in an effort to settle the dispute between  the two parties.  Due to the hard stance  of both parties on their original position, the Board initiated to seek the assistance  of DOLE Secretary Silvestre H. Bello.

Management and union settled their dispute before DOLE Secretary Silvestre H. Bello III at the Office of the Secretary of Labor in Intramuros Manila with the assistance of Undersecretary Claro A. Arellano.

The conciliation team is composed of Conciliator-mediator Ma. Delia Yu, NCMB Director Jun Orihuela, and  Deputy Executive Director Maria Teresita L. Cancio under the leadership of NCMB Executive Director Shirley M. Pascual.

Accordingly, negotiation began last July of 2016 thru a series of meetings of both negotiating panels. Said negotiation proved to be unsuccessful at plant-level, union filed a preventive mediation case with the Branch on 26 October 2016 on the ground of CBA deadlock. Said PM case matured to a notice of strike on 09 January 2017, which then materialized  into an actual strike case on 12 May 2017.

Nestle Lipa factory serves as the supply center of malt for Milo products. Nestle Philippines is currently chaired by its chief executive Jacques Reber. The Union, on one hand, is currently headed by its president Rolan Mercado. The union has a total membership of 263 rank and file employees at present.-Gerard Peter C. Mariano & Diadema A. Aguirre; Editing by Marife E. Fausto