Case Status as of June 2017


News Release
National Conciliation and Mediation Board
Regional Conciliation and Mediation Branch II
30 May 2017

Regional Conciliation and Mediation Branch II welcomed the establishment of Labor Management Councils in seven unorganized establishments after the conduct of individual plant-level orientation seminars by the branch in the first semester of 2017, RCMB Director Gil G. Caragayan announced today.

The Branch reached out to 7 establishments and conducted plant-level orientation seminars from February to May 2017.

RCMB 2 Supervising Labor and Employment Officer Minda B. Tungpalan and Senior Labor and Employment Officer Olisen L. Dizon facilitated the discussion of NCMB programs and services, specifically Labor Management Cooperation and Grievance Machinery.

Labor and management representatives who attended the PLOS comprised of 109 human resource managers, officers, and rank and file employees.

The new LMCs facilitated for the first semester of 2017 are Northern Asia Sales Corporation in Tuguegarao City, Cagayan on February 24, 2017; Chocolate Coffeeline, Inc. in Cauayan City, Isabela on April 24, 2017; Cagayan Valley Christian Leading School and Kiddie Toes Montessori School both in Santiago City, Isabela on April 25, 2017; Villa Diana Hotel and Café in Cordon, Isabela on April 26, 2017; Claveria Agri-based Multi-purpose Cooperative in Claveria, Cagayan on May 10, 2017; and Claveria Farmers Multi-purpose Cooperative, Claveria, Cagayan on May 11, 2017.

The PLOS were conducted in fulfillment of the mandate of the National Conciliation and Mediation Board (NCMB) under Executive Order No. 126 to, among others, facilitate the creation of LMC committees or councils through joint mechanisms for information-sharing, effective communication/ consultation and group-problem solving between labor and management.

Plant-level Orientation Seminars were conducted regularly by the regional branches to spread awareness on the programs, services, and policies of the Board such as facilitation of Labor and Management Councils, Grievance Machinery committees, and conciliation-mediation services.

End/ Minda B. Tungpalan


Good News
National Conciliation and Mediation Board
Regional Conciliation and Mediation Branch II
19 May 2017

Regional Conciliation and Mediation Branch II Director Gil G. Caragayan announced the settlement of the notice of strike filed by the Pun Oh-Ohhaan Hi Kiphudan Organization Employees Union against OceanaGold Phils., Inc. (OGPI) after successful conciliation efforts of the branch.

“Union filed a Notice of Strike on 26 January 2017 alleging bargaining deadlock on economic provisions of the CBA covering the period January 01, 2017 to December 31, 2018,” Caragayan added.

After a series of conciliation conferences, RCMB II Director Susana A. Quimpo was able to trim the issues to the grant of salary increase. The said increase will cover two years grant of wage increase and application of one (1) percent across the board premium on every year of service.

On 06 April 2017, parties amicably agreed to settle the remaining issues following exhaustive conciliation-mediation efforts of director Caragayan.

The forging of agreement of both parties resulted to a CBA package amounting to P65 M for the first two (2) years.

The CBA covers Night Shift Differential Pay, Fixed Overtime, Year-End Bonus, Holiday Pay, Seed Capital for Cooperative, Christmas Gift, Medical Coverage including immediate members of the family, Travel Allowance, and a one-time signing bonus.

Management also agreed to grant the 1% across the board premium on the years of service and annual salary increase for two years.

The CBA will benefit 655 employees of the OceanaGold Phils., Inc.

“I laud and congratulate the parties for their cooperation in forging a mutually beneficial CBA,” Caragayan stated.

The signing of the Collective Bargaining Agreement on April 20, 2017 was led by OGPI GM David Way and Union vice president Jariel Sarac in Makati City. It was witnessed by Dir. Caragayan and RCMB2 personnel, Minda B. Tungpalan and Marilou A. Asuncion.

“It is not a hundred victories after a hundred battles that is the hallmark of skill. The acme of skill is to subdue your enemy even without fighting,” Dir. Caragayan said in his message as he encouraged the parties to preserve and foster harmonious relations between them through cooperation and mutual trust.

END/Olisen L. Dizon


National Conciliation and Mediation Board
May 30, 2017

The notice of strike filed by Hospital Management Services Inc. – Medical Center Manila Employees Association – AFW against Hospital Management Services, Inc. – Medical Center Manila has been settled. NCMB Executive Director Shirley M. Pascual announced recently.

Pascual citing a report from Director Teresita E. Audea, said that the union filed the notice of strike case against the hospital on April 10, 2017 on account of bargaining deadlock.

They agreed to conclude the three (3) years of their Collective Bargaining Agreement on May 17, 2017, following series of conciliation-mediation efforts at RCMB-NCR.

“The agreement had shown the maturity of the parties, the union while waiting for the strike ban to end after it submitted the results of strike vote on May 15, 2017 chose to continue to negotiate and conclude their CBA with management, “ Pascual added.

The agreement covers among others, wage increase, sick leave, vacation leave, birthday leave, union leave, hospitalization benefits, hazard pay, cash gift, agency fee, meal allowance, uniform allowance and recreational activity.

The estimated economic package stands at P19.5 M covering 79 employees.

The new 3-year CBA will commence on January 1, 2017 and will expire on December 31, 2019 according to Director Audea.

Pascual commended the team efforts of Con-meds Estelita S. Bautista and Ericson Igual in settling the labor dispute, which prevented another possible work stoppage


National Conciliation and Mediation Board
Regional Branch No. IV-B
18 May 2017

PUERTO PRINCESA CITY— “Happy employees contribute to the success and growth of the company,” Riolinda R. Lim, Associate Vice President said in her message during the 2nd Associates Congress of NCCC-Palawan held on April 25, 2017 at the Crossfit Area, NCCC Mall, Puerto Princesa City, Palawan.







“The company’s core values of humility, hard work, and excellence guided the company’s LMC or the NCCC Associates Management Council (NAMC) active involvement,” she added.

The one day celebration was coupled with fun-filled activities such as the Search for Mr. & Ms. NCCC, Tawag ng Tanghalan, and cultural presentation. During the conduct of the activity, management took the opportunity to recognize its employees with perfect attendance.

The oathtaking of the new set of officers highlighted the event. The ceremony was administered by Regional Conciliation and Mediation Branch IVB Director Lourdes P. Estioco.

“As elected officers of your LMC, you must promote harmonious working relations in NCCC- Palawan,” Dir. Estioco said as she congratulated the elected officers.

NCCC top management led by Charlene Lim thanked the branch for its assistance and support extended to the company.

NCCC Mall, Puerto Princesa is located at Lacao St., Puerto Princesa City, Palawan. It has 6 main components, Department Store, Supermarket, Pharmacy, Food court, Cinema, and Hardware. It has more or less 800 workers in its employ.

END/ Julia P. Peleo


National Conciliation and Mediation Board
May 30, 2017

Regional Conciliation and Mediation Board- National Capital Region Director Teresita E. Audea reported the settlement of the Notice to Arbitrate (NTA) filed by a
A motorman of a manning agency.

Mr. Florante A. Tumulak filed the complaint on February 15, 2017 against BSM Crew Service Centre Phils., Inc. seeking payment of disability benefits due to illness.

The case was assigned to conciliator-mediation Rowena M. Gutierrez who scheduled a series of conciliation-mediation conferences.

On May 9, 2017, Tumulak received his disability benefits in the amount of P4,416,555.00 following a successful conciliation-mediation conference.

Mr. Tumulak appreciated the valued assistance by the Branch in resolving his complaint. He also thanked his employer for being cooperative which resulted to the payment of his claim.

Director Audea commended Con-med Gutierrez for facilitating the settlement of this case.

The Notice to Arbitrate program is introduced by Department Order No. 40-03, Series of 2011, as an amendment to Book V of the Labor Code pertaining to voluntary arbitration. Notice to Arbitrate (NTA) aims to help the parties select their voluntary arbitrator or panel of voluntary arbitrators in cases where there is failure to select an arbitrator, or there is refusal from one party to submit any grievable issue/s to voluntary arbitration. Prior to submission to arbitration, the NCMB conciliator-mediator exerts best efforts to reconcile differences of parties and assist them to come-out with possible amicable settlement.

The conciliation-mediation services prove to be one of the most acceptable modes of dispute settlement where trust and confidence of parties are preserved and harmonious relationship are maintained.


Good News
National Conciliation and Mediation Board
May 10, 2017

The National Conciliation and Mediation Board congratulates Atty. Gerard Peter S. Mariano for passing the 2016 Bar Exams, Executive Director Shirley M. Pascual pronounced during the thanksgiving party held on May 5, 2017 at the NCMB Central
Office, Quezon City.

During the celebration, Atty. Mariano’s colleagues and bosses took turns in greeting him and commending his triumph.

The NCMB family, most especially the RB IV-A, is very proud of Atty. Gerard’s achievement of being one of the 3,747 new lawyers. As his family, we are with him in celebrating this euphoric event of his life, RB IV-A Dir. Feliciano R. Orihuela lauded.

Atty. Mariano on the other hand, expressed his gratitude and appreciation to his NCMB family and briefly shared his experience and challenges.

“Passing the bar is not an easy task, it requires a lot of effort and sleepless nights. There are times that I must study and read double-time, especially on the lectures that I have missed and the topics and subjects that I have failed in the past”, said Atty. Mariano.

“All questions in the exam were not read nor discussed in school and even in the review classes. Answering each question depends on your best effort, and your faith in God will really help you to successfully survive such draining test”, he added.

Prior to the said celebration, and immediately after the release of Bar results, Atty. Gerard used the social media to thank all the people around him, especially his prayer warriors who played a huge part and helped him in achieving his dream.

Gep, as he is fondly called by his colleagues, took the Bachelor of Laws while serving the government as Administrative Assistant III in Regional Branch IX. While taking his review, he then applied for a technical position in Region IV-A, and was later appointed as Labor and Employment Officer III.

Atty. Gep took the Bar Exams in November 2016, and after his first try he already got his title.

As he pursue his dreams, his perseverance and determination manifested. Though he faced challenges as a public servant and as a student, it did not stopped nor hindered him from realizing and attaining his aspirations.

Atty. Gerard and the rest of the three thousand plus new lawyers will take their oath on the 22nd of May 2017 at the Mall of Asia Arena, Pasay City.// Luzviminda R. Dela Cruz & Joan Esther O. Mabilangan

Union and Management at Umicore Specialty Chemicals Subic, Inc. Ink CBA

National Conciliation and Mediation Board
October 20, 2016

National Conciliation and Mediation Board Executive Director Shirley M. Pascual and Regional Conciliation and Mediation Branch- III Director Edgar G. Aquino announced today the settlement of the labor dispute at Umicore Specialty Chemicals Subic, Inc. in Asiana Proper, Subic Zambales. The chemical company’s management and union mutually agreed to economic benefits amounting to P3.6M under the company’s collective bargaining agreement (CBA).

The union filed a notice of strike case against the company on August 9, 2016, on grounds of CBA deadlock, particularly on wage increase, rice subsidy, vacation/sick leave, medicine allowance, hazard pay, educational assistance, signing bonus, 2016 recognition award, union assistance, and production bonus.

Pascual said the parties reached settlement on September 8, 2016, after a series of extensive discussions and exchanges of positions and options, paving the way for the conclusion of negotiations for the last two years of their CBA.

Citing a report from RCMB- III, Pascual said parties agreed on wage increase of P 46.00 per day, on the 4th and 5th year of their CBA, signing bonus of P2,000, and union assistance of P50,000.

The parties also agreed to an additional one day vacation and sick leave, monthly rice subsidy, medicine allowance and educational assistance.

The CBA which will benefit fifty two workers, took effect last June 7, 2016 and will end on June 6, 2018. Pascual said.

Pascual commended RCMB- III conciliator-mediator Maribeth N. Gopez in facilitating the settlement of the dispute.

Director Aquino also commended the parties for their cooperation, patience, and open-mindedness, which are some of the key factors in resolving their dispute.

Umicore Employees Labor Association – AMAPO-TUCP, is the sole and exclusive bargaining agent of the rank and file union members represented by its president Mr. Arnaldo M. Pascua.

Umicore Specialty Chemicals Subic, Inc. is a chemical plant. It is located at 1044 Asinan Proper, Subic, Zambales. It has more or less 79 employees headed by its General Manager, Mr. Peter Dobbelaere.

END/ Rhoda A. Blanco & Diadema A. Aguirre

Former bakery employee, Call center agent receives monetary claims thru SEnA

26 OCTOBER 2016

LA UNION – The Regional Conciliation and Mediation Branch I settled a Request for Assistance filed by a former employee claiming unpaid compensation against a famous bakery in the region, RCMB I Director Brenda Rose C. Odsey said today.

“Maria Theresa Pablo, who worked as a sales lady for the bakery in a little more than a year sought remuneration for overtime and pro-rated 13th month pay rendered from June to September 2015 and pro-rated 13th month pay,” Odsey added.

Pablo alleged that the bakery advised her not to report to work anymore after getting sick.

During the initial conference, management representative claimed that they have already paid Pablo her overtime pay. Pablo, however, insisted that her monthly pay only included the night shift differential but not the overtime pay during the 12-hour work shifts.

Management could not present the payroll reflecting the payment of the overtime services rendered by Pablo during the conference.

A month after the initial conference, management offered Pablo P7,000, as payment for overtime and 13th month pay amounting to P3,073.33.

After a series of negotiation, Pablo settled for the amount of P10,000 in the presence of the SEADO.
Unique intervention by the Branch.

Stella Frances Pialago, a former agent for a call center company based in Tarlac City, filed an RFA on September 7, 2016 with the Branch to claim unpaid wages, overtime pay and 13th month pay.

“The company’s HR Manager requested to conduct the conference in DOLE – Tarlac City” Odsey said.

“The SEADO denied the request since it is inconvenient for Pialago to travel all the way to Tarlac for the conference,” she added.

On 13 September 2016, the HR manager requested to reschedule the initial hearing on 16 September 2016.
The company’s HR manager coordinated with the branch to facilitate the settlement of the case.

On 15 September 2015, the company sent an email informing the hearing officer and Piolago that the Central Finance Department of the Company in Taguig City will release its findings in two weeks’ time.

“The company gave its assurance that the claims will be released within a reasonable period,” Odsey said.

The HR manager once again requested to move the initial conference until the check arrives to their office in Tarlac City.

On 3 October 2016, Piolago received a check amounting to P10,804.64 representing her unpaid wages and overtime pay.

END/ Lester B. Panem edited by Gillian Pearl L. Guerrero