We came. We talked. We settled.
In all that we do, industrial peace is always what we seek for. The same is the very beacon of light that guides our industries in the region and country towards sustainable development and global competitiveness.
For this very reason, maximal exhaustion of alternative dispute resolution systems is imperative. With the legislation of R.A. 10396, otherwise known as the Mandatory Conciliation-Mediation Law, NCMB’s mandate is put at the forefront of the government’s commitment to industrial peace.
It is the outcome of a continuing process of enhancing mutual trust and respect through information sharing, discussion, consultation and negotiations that are, at the same time, considered as schemes of workers’ participation on decision-making process on matters not covered by collective bargaining agreements.
Conciliation is conceived of as a mild form of intervention by a neutral third party, the Conciliator-Mediator, relying on his persuasive expertise, who takes an active role in assisting parties by trying to keep disputants talking, facilitating other procedural niceties, carrying messages back and forth between the parties, and generally being a good fellow who tires to keep things calm and forward-looking in a tense situation.
Mediation is a mild intervention by a neutral third party, the Conciliator-Mediator, whereby he starts advising the parties or offering solutions or alternatives to the problems with the end in view of assisting them towards voluntarily reaching their own mutually acceptable settlement of the dispute.
Voluntary Arbitration refers to the mode of settling labor-management disputes by which the parties select a competent, trained and impartial person who shall decide on the merits of the case and whose decision is final, executory and binding.
POWERS AND FUNCTIONS:
- Formulate policies, programs, standards, procedures, manuals of operations, and guidelines pertaining to effective mediation and conciliation of all labor disputes;
- Perform preventive mediation and conciliation functions;
- Coordinate and maintain linkages with other sectors of institutions and other government authorities concerned with matters relative to the prevention and settlement of labor disputes;
- Formulate policies, plans, programs, standards, procedures, manuals of operations, and guidelines pertaining to the promotion of cooperative and non-adversarial schemes, grievance handling, voluntary arbitration, and other voluntary modes of dispute settlement;
- Administer the voluntary arbitration program; maintain/update a list of voluntary arbitrators, compile arbitration awards and decisions;
- Provide counseling and preventive mediation assistance particularly in the administration of collective agreements;
- Monitor and exercise technical supervision over the Board’s programs being implemented in the regional offices; and
- Perform such other functions as may be provided by law or assigned by the Secretary.