pasar row ends surigao port dispute - ncmbncmb.ph/publications/ncmb_chronicle/apr-jun_2010.pdf ·...

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THE OFFICIAL NEWSLETTER OF NATIONAL CONCILIATION AND MEDIATION BOARD April - June 2010 Volume 3, No. 1 The Tripartite Voluntary Arbitration Advisory Council (TVAAC) held its 71 st Special Meeting on May 19, 2010 at National Conciliation and Mediation Board, Executive Director’s Conference Room, Arcadia Building, on Quezon Avenue in Quezon City on May 19, 2010. The council discussed the re- scheduling of the interview of pre- qualified applicants for accreditation as Voluntary Arbitrator. Originally, the schedule for Luzon applicants was on May 18-19, 2010 and for Visayas and Mindanao applicants on May 25-26, 2010. For Luzon applicants, the PASAR owns and operates the only copper smelter and refinery in the Philippines. It is located in LIDE, Isabel, Leyte. Union and management representatives of the company earlier sought the assistance of NCMB after plant-level negotiations for the last two years of their CBA resulted in a deadlock. Labor Secretary Marianito D. Roque assumed jurisdiction over the dispute on June 16, 2010 after the parties remained firm in their respective positions despite conciliation efforts to find a mutually beneficial solution to the impasse. Notwithstanding the assumption order, the parties continued their negotiations that resulted in a compromise agreement signed at the plant on June 23, 2010. They formalized their compromise agreement through a joint manifestation which they submitted during the preliminary hearing on June 25, 2010. The agreement thus, rendered moot and academic the order issued by the Secretary. N CMB reported recently the settlement of the labor dispute at Philippine Associated Smelting and Refining Corporation (PASAR). continued on page 5 TVAAC Finalizes Schedule of Interview for VA Applicants BUTUAN CITY – The strike at the Surigao City Port, which hampered passenger and cargo handling operations for four days, ended on April 22, 2010, after concerned parties forged a compromise agreement to settle their problems amicably. Top officials of the Department of Labor and Employment’s Regional Coordinating Committee (DOLE-RCC) and the National Conciliation and Mediation Board (NCMB), as well as PPA-PMO, city government of Surigao led by Mayor Alfonso Casurra and the Surigao Chamber of Commerce and Industry, Inc., mediated between the Last April 26, 2010, Joffrey M. Luzaran, a utility crew member on board the M/S Norwegian Star, received from his agent, CF Sharp Crew Management, Inc. the sum of $ 15,000.00 or P660,750.00. The amount represents claims for disability, illness allowance, and reimbursement of medical expenses. His case is one of the 59 monetary claims involving shipping companies processed by NCMB-NCR last year. Originally docketed as notice to arbitrate (NTA), his case was amicably resolved through the efforts of NCMB- NCR Conciliator-Mediator Amorsolo V. Aglibut. continued on page 6 continued on page 8 continued on page 8 Holcim Philippines La Union Plant in Bacnotan, La Union has won the title of 2009 Best LMC Award for Industrial Peace in the Philippines in the Search for Most Outstanding LMC. The search ran from March through November 2009. Awarding of the winners was conducted in Cebu City in November 2009 and was held in coordination with PHILAMCOP. Holcim was cited for its exemplary effort in upholding the advocacy of a dynamic labor-management partnership through the effective practice of Labor- Management Cooperation at the enterprise. The award was another achievement of the leadership of OIC Director Carmina B. Alonzo. (Marina S. Agcaoili) Seaman gets $15,000 thru NCMB assistance Holcim’s La Union Plant Holcim’s La Union Plant Holcim’s La Union Plant Holcim’s La Union Plant Holcim’s La Union Plant wins 2009 best wins 2009 best wins 2009 best wins 2009 best wins 2009 best LMC award LMC award LMC award LMC award LMC award PAS AS AS AS ASAR R AR R AR R AR R AR Row Ends w Ends w Ends w Ends w Ends Surigao port dispute ends

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Page 1: PASAR Row Ends Surigao port dispute - NCMBncmb.ph/Publications/NCMB_Chronicle/Apr-Jun_2010.pdf · Advisory Council (TVAAC) ... Top officials of the Department of Labor and Employment’s

THE OFFICIAL NEWSLETTER OF NATIONAL CONCILIATION AND MEDIATION BOARD April - June 2010Volume 3, No. 1

The Tripartite Voluntary ArbitrationAdvisory Council (TVAAC) held its 71st

Special Meeting on May 19, 2010 atNational Conciliation and MediationBoard, Executive Director’s ConferenceRoom, Arcadia Building, on QuezonAvenue in Quezon City on May 19,2010.

The council discussed the re-scheduling of the interview of pre-qualified applicants for accreditation asVoluntary Arbitrator. Originally, theschedule for Luzon applicants was onMay 18-19, 2010 and for Visayas andMindanao applicants on May 25-26,2010. For Luzon applicants, the

PASAR owns and operates the only copper smelter and refinery in thePhilippines. It is located in LIDE, Isabel, Leyte.

Union and management representatives of the company earlier sought theassistance of NCMB after plant-level negotiations for the last two years of theirCBA resulted in a deadlock.

Labor Secretary Marianito D. Roque assumed jurisdiction over the disputeon June 16, 2010 after the parties remained firm in their respective positionsdespite conciliation efforts to find a mutually beneficial solution to the impasse.

Notwithstanding the assumption order, the parties continued theirnegotiations that resulted in a compromise agreement signed at the plant onJune 23, 2010.

They formalized their compromise agreement through a joint manifestationwhich they submitted during the preliminary hearing on June 25, 2010. Theagreement thus, rendered moot and academic the order issued by the Secretary.

NCMB reported recently the settlement of thelabor dispute at Philippine Associated Smeltingand Refining Corporation (PASAR).

continued on page 5

TVAAC FinalizesSchedule of Interview

for VA Applicants

BUTUAN CITY – The strike at theSurigao City Port, which hamperedpassenger and cargo handlingoperations for four days, ended on April22, 2010, after concerned partiesforged a compromise agreement tosettle their problems amicably.

Top officials of the Department ofLabor and Employment’s RegionalCoordinating Committee (DOLE-RCC)and the National Conciliation andMediation Board (NCMB), as well asPPA-PMO, city government of Surigaoled by Mayor Alfonso Casurra and theSurigao Chamber of Commerce andIndustry, Inc., mediated between the

Last April 26, 2010, Joffrey M.Luzaran, a utility crew member on boardthe M/S Norwegian Star, received fromhis agent, CF Sharp Crew Management,Inc. the sum of $ 15,000.00 orP660,750.00.

The amount represents claims fordisability, i l lness allowance, andreimbursement of medical expenses.

His case is one of the 59 monetaryclaims involving shipping companiesprocessed by NCMB-NCR last year.

Originally docketed as notice toarbitrate (NTA), his case was amicablyresolved through the efforts of NCMB-NCR Conciliator-Mediator Amorsolo V. Aglibut.

continued on page 6

continued on page 8 continued on page 8

Holcim Philippines La Union Plant inBacnotan, La Union has won the title of2009 Best LMC Award for Industrial Peacein the Philippines in the Search for MostOutstanding LMC.

The search ran from March throughNovember 2009. Awarding of the winnerswas conducted in Cebu City in November2009 and was held in coordination withPHILAMCOP.

Holcim was cited for its exemplaryeffort in upholding the advocacy of adynamic labor-management partnershipthrough the effective practice of Labor-Management Cooperation at the enterprise.

The award was another achievementof the leadership of OIC Director CarminaB. Alonzo. (Marina S. Agcaoili)

Seaman gets $15,000 thru NCMB assistance

Holcim’s La Union PlantHolcim’s La Union PlantHolcim’s La Union PlantHolcim’s La Union PlantHolcim’s La Union Plant wins 2009 best wins 2009 best wins 2009 best wins 2009 best wins 2009 best

LMC awardLMC awardLMC awardLMC awardLMC award

PPPPPASASASASASAR RAR RAR RAR RAR Rooooow Endsw Endsw Endsw Endsw Ends Surigao port disputeends

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page 2 April - June 2010 - NCMB Chronicle

REGIONAL NEWS

The NationalConciliation and MediationBoard – Region 3 wasrecognized by ClarkDevelopment Corporation(CDC) in the recent 2nd

Clark Awards held at HotelStotsenberg, ClarkFreeport Zone last April 21,2010.

CDC cited the branchfor its invaluable supportand assistance in the preservation of theindustrial peace and harmony in ClarkFreeport Zone through the efficient andamicable settlement of industrialdisputes, preventive mediation of laborissues, and active advocacy on labor andmanagement cooperation.

Director Darrow P. Odsey,accompanied by ConMed Maribeth N.Gopez, accepted NCMB RBIII’scertificate of recognition from CDCPresident and CEO Benigno Ricafort andCDC EVP Philip Panlilio.

Likewise cited at the Clark Awardsas CDC government partners were the600th Air Base Wing of the Philippine AirForce, 7th Infantry Division of the ArmedForce of the Philippines, Bureau ofCustoms-Clark, Bureau of Immigration-Region 3, Bureau of Internal Revenue,Civil Aviation Authority of the Philippines,Clark International Airport Corporation,Clark Locators and Investors Association,

CDC CITES NCMB REGION 3 IN 2ND CLARK AWARDS

Department of Energy, Department ofForeign Affairs, Home DevelopmentMutual Fund (PAG-IBIG), KapampanganDevelopment Foundation, PhilippineHealth Insurance Corporation, PhilippineNational Police-Region 3, Social SecuritySystem, and Subic Clark AllianceDevelopment Council.

The Clark Awards, which started onlyin 2009, aims to confer awards ofexcellence to top performing locators andinvestors. It recognizes the valuableeconomic, social, and developmentcontributions of Clark Freeport locators,as well as notable business and peoplemanagement practices and successes.

Included in the awards were OverallPerformance, Outstanding EmploymentPerformance and HR Management,Outstanding Environment and HealthManagement, Outstanding InvestmentPerformance and Outstanding New Investor.(Rodieneil A. Cayaco)

Dole Stanfilco’s policy statementprovides that the company is committed tomake meaningful contribution in theimprovement of the worker’s quality of life andto promote corporate citizenship in a sociallyresponsible manner.

The company adheres to thiscommitment and believes that the totality of aperson must first be addressed for them tolive quality life. In fact, it does not only increasethe income of its workers but constantlyeducates them. However, the company wouldnot be able to sustain its policy without thehelp and cooperation of its workers. This iswhere labor-management cooperation comesin.

In line with the LMC objectives, thecompany implements social service programsfor the workers’ family members as well asfor the community. Otherwise known as“Health Bazaar,” the Food for Life Program isa concerted effort to impart knowledge to the

Dole South LMC ImplementsFood for Life Progra m

continued on page 5

Bukidnon – The Del Monte PhilippinesIncorporated (DMPI Plantation), through itsTop Level Labor Management Cooperation(LMC), held the Camp Level 1st Search forBest Plantation LMC 2010 at the DMPIPlantation Training Room, Camp Philips,Manolo Fortich, Bukidnon last May 17 and24, 2010.

The search contenders were CampSumilao LMC, Far East CPU-LMC, CampPhilips LMC, Camp JMC LMC, Camp LFLLMC, and Camp 14 LMC.

For its efforts during the presentationas well as the consistency of its programactivities, Camp JMC LMC won the search.

RCMB 10 Director Florido J. Akut,DOLE 10 Assistant Regional DirectorSisinio Cano, and Xavier UniversityProfessor Mr. Sauro Obera acted as judgesof the search.

The search aims to recognize theconcrete coordination and stronger ties

DMPI holds searchDMPI holds searchDMPI holds searchDMPI holds searchDMPI holds searchfor bestfor bestfor bestfor bestfor best

plantation LMCplantation LMCplantation LMCplantation LMCplantation LMC

between labor and management as a waytowards sustainable industrial peace andimproved quality and productivity.

The DMPI Plantation LMC structure iscomposed of top level committee whichserves as the steering committee, whilethe sub-committees comprise of sixcamps, acting as the working committeesin each farm. Each camp LMC hasstandardized major programs to work on,namely: productivity improvement;livelihood/income generating projects;family welfare program; sports andrecreation; and improved working

condition/employee benefits, safety, andenvironment protection.

The criteria and guidelines for thesearch were as follows: 1) LMCOrganizational Set-up/Structure (10 points);2) LMC Programs and Projects (50 points);3) Labor Relations (15 points); 4) LMCImpact on Corporate Social Responsibility(15 points); and 5) Final Presentation duringthe Search (10 points).

Special awards were also at stake inthe search such as best in productivityimprovement, l ivelihood/incomegeneration, and labor relations/ communityoutreach. (Junaliza S. Aragon)

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April - June 2010 NCMB Chronicle page 3

The Regional Conciliation andMediation Branch XI, in coordination withthe National Conciliation and MediationBoard Central Office, hosted the SkillsUpgrading Seminar-Workshop for NCMBlabor information officers (LIO) last June2-5, 2010. The activity was held at theFernandez Beach and Garden Resort,Island Garden City of Samal, Davao delNorte.

The seminar-workshop aimedprimarily to develop and improve the skillsand knowledge of NCMB LIOs in writingjournalistic articles, particularly news andfeatures and to come up with new updatesand materials for the NCMB Chronicle.

It also aimed to establish camaraderieand teamwork among the participants.

Deputy ExecutiveDirector Johnson G.Cañete delivered the

w e l c o m eremarks ,w h i l eI n t e r n a lS e r v i c eOIC LucitaO. Caudillagave anoverview of the seminar.Ms. Ema Aguirre oriented

the participants on the house rules.

RCMB-XI Hosts Skills Upgrading Seminar-Workshop for NCMB LIOs

Thereafter, RID Chief William E.Calina presented the NCMB 2010Communications Plan, followed by hisdiscussion on Fundamental Rules ofUsage.

M e a n w h i l e ,Director Nicon F.Fameronag gaveemphasis on thetechniques indeveloping featureand news articles.He also discussedthe types of featurearticles, itsfunctions, structureand parts, theelements of newswriting and their do’s and don’ts.

Open forum, workshop,presentation and critiquing of writtenoutputs followed.

For hosting thisyear’s seminarfor NCMB LIOs,RCMB XIdirector IsidroCepedareceives atoken ofappreciationfrom theCentral Office.

The seminar concluded with thedistribution of certificates of completionby no less that Exec. Director ReynaldoR. Ubaldo, assisted by DED Cañete andRCMB-XI Director Isidro Cepeda.

Three LIOs also receivedrecognition during the closingceremonies. They are: Ms. JunalizaAragon, Most Prolific Female LIO, Mr.Remus Caducoy, Most Prolific Male LIOand Ms. Pamela R. Babalcon, SpecialAward.

The participants who representedtheir respective regional branches areas follows: Arthur R. Audea, Felix G.Belza Jr., Lovelyn S. Papas, GeraldineP. Orihuela, Sandra C. Comla and GuiaRoa S. Soriano (Central Office); JoanEster O. Mabilangan, Grace F. Estorqueand Renato R. Canutal (NCR);Cresencia M. Pawingi (CAR); MarinaS. Agcaoili (RB-I); Minda B. Tungpalan(RB-II); Rodieniel A. Cayaco (RB-III);

Executive DirectorReynaldo R. Ubaldo,in his closingremarks, encouragedthe participants tocontinue theirpassion to write andshared the followingacronyms: RTW -read, think and write;KISS - keep it simpleand sensible.

Corazon M. Fegi (RB-IVA); LuzvimindaR. dela Cruz (RB-IVB); Efleda A. Hourani(RB-V); Maricel D. Golez (RB-VI); RemusM. Caducoy (RB-VII); Pamela R.Babalcon (RB-VIII); Joyce Ann S. Capito(RB-IX); Junaliza S. Aragon (RB-X);Connie Beb D. Aya and Dennis M.Galorio (RB-XI); Sheena V. Demata (RB-XII); and Ma. Theresa M. Francisco (RB-XIII).

After the seminar, the participantswere treated to a tour of the differentlandmarks of Davao Cityg like the DavaoMuseum, City Hall, People’s Park, Jack’sRidge and Aldevinco Shopping Center.(Dennis M. Galorio and Connie Beb D.Aya)

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page 4 April - June 2010 - NCMB Chronicle

Bent on sustaining the prevailingconflict-free labor relations atmospherein Region 2, the NCMB – RegionalConciliation and Mediation Branch No. 2has intensified its programs to enhancelabor-management relationship betweenits social partners through the conductof plant orientation seminars on labor-management cooperation (LMC),grievance handling and voluntaryarbitration. The branch believes that theseminars will effectively equip theparticipants with the requisite attitudes,skills and knowledge in the properhandling of issues and concerns affectingtheir relationship.

For the first semester, a series ofseminars were conducted in CAGELCOI, Maddarulug, Solana, Cagayan on April17, 2010; Solano Pioneer Press inSolano, Nueva Vizcaya on April 23, 2010;and St. Mary’s University, Bayombong,Nueva Vizcaya on May 15, 2010.

Other plant orientation seminars areslated, among others, on May 28, 2010in ISELCO II, Ilagan, Isabela; June 3,2010 in Dalton Academy, Alicia, Isabela;and June 11, 2010 in ISELCO I, Alicia,Isabela.

In another development, the branchfacilitated the successful signing of theLMC Memorandum of Agreement (MOA)in Solano Pioneer Press last May 21,2010 as a result of the orientationseminar and drafting of their LMC-MOAheld in the plant last April 23, 2010.

Called the Pioneer United Movementfor Progress (PUMP), the company’slabor-management council demonstratedits noble intention to join hands incooperation and unity towards theattainment of a harmonious, equitableand stable employment relations that willpromote open communication, mutualconcern and enormous commitmentbetween the workers and management.(Minda B. Tungpalan)

NCMB INTENSIFIESPROGRAMS FOR LABOR

AND MANAGEMENT

Thirty-seven participantsrepresenting twenty three companiesattended the first phase of the seminaron Enhancing Employee-ManagementRelationship held at the PEZAAdministration Office, Lapu-lapu Citylast May 17, 2010.

The half-day seminar conducted bythe National Conciliation and MediationBoard in coordination with the MactanEconomic Zone aimed to improverelationship in the workplace andenhance working environment.

Atty. Ann Marie B. Pableo fromPEZA welcomed the participantscomposed of human resource, finance,administration staffs, supervisors,

managers, purchasers, productionstaffs, nurses, and interpreters.

Among those present werecompanies like Kenko Tokina Slik Corp.,Sports Royal Inc., Taiyo Yuden Phils.Inc., Modern Times Int’l Inc., Phil MakotoCorp., La Galucuche, J. QueenEmbroidery, Maitland-Smith Cebu Inc.,Cebu AOI Dev. Tech Corp., Aso Phils.Inc., Cebu Chip Connections, Inc., PRSTech Inc., Formosa Garment Printing,Muramoto, Phil-Union Frozen Foods,Inc., Cebu Iwakami Corporation, Phil.Kenko Corporation, AEI Enterprise, Inc.,Pentax Cebu Phils, Corp., HalsangzPlating Cebu Corp., Italkarat 18 Inc.,Maple Factory 2, Phil-Japan Metals.

NCMB CONDUCTS SEMINARNCMB CONDUCTS SEMINARNCMB CONDUCTS SEMINARNCMB CONDUCTS SEMINARNCMB CONDUCTS SEMINARON EMPLON EMPLON EMPLON EMPLON EMPLOOOOOYEE-MANYEE-MANYEE-MANYEE-MANYEE-MANAAAAAGEMENT RELGEMENT RELGEMENT RELGEMENT RELGEMENT RELAAAAATIONSHIPSTIONSHIPSTIONSHIPSTIONSHIPSTIONSHIPS

continued on page 10

The National Conciliation andMediation Board’s Regional BranchNo. IV-B (Mimaropa) set-up its firstlabor management cooperation (LMC)and grievance machinery (GM)association of industrial peaceadvocates in Palawan, one of the besttourism destinations in the country.The establishment of Palawan IndustrialPeace Advocates (PIPA) was anoutcome of the LMC convention heldin Waterfront Hotel, Cebu City inNovember 2009.

Then RCMB IV-B Director Ma.Elena M. Hernandez initiated theformation of the association. DirectorHernandez was challenged by thefeedback of stakeholders thatMIMAROPA was the only region thatdid not have delegates during theparade of banners in the convention.

The founding of PIPA coincidedwith the Learning Session on 21January 2010. The PIPA hasseventeen establishments as officialmembers.

The first elected officers of thePIPA are as follows: President, Noel

Callorina; Vice-President, Anna Ong(Management) and RonieFiedecan,(Labor); Secretary, Brendadela Rama (Management) and FlordelizaRia Manuel(Labor); Auditor, Evelyn Pua;and Press Relations Officer, Ricardodela Torre. The Board of Directors areLydia Tanaman, Jay Mari Chan, andHaydera Maute, Management; andRodante Pring and Irene Caspillan,Labor.

Immediately after the election, thePIPA sat down to plan its activities, oneof which was induction of officers byno other than Executive DirectorReynaldo R. Ubaldo. Newly assignedRCMB-IVB Officer-In-Charge Mr. GilCaragayan, with the assistance ofDirector Hernandez, helped the officersformulate their mission and visionstatements.

On 15 April 2010, the PIPA officerstook their oath at the Palawan provincialcapitol, after the learning sessionfacilitated by the branch with ExecutiveDirector Ubaldo and OIC Caragayan asresource speakers.

MIMAROPA establishes first association ofindustrial peace advocates

continued on page 14

REGIONAL NEWS

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April - June 2010 - NCMB Chronicle page 5

REGIONAL NEWS

Notwithstanding the assumption order,the parties continued their negotiations thatresulted in a compromise agreement signedat the plant on June 23, 2010.

They formalized their compromiseagreement through a joint manifestationwhich they submitted during the preliminaryhearing on June 25, 2010. The agreementthus, rendered moot and academic the orderissued by the Secretary.

The agreement benefits some 708workers with an estimated P65M in CBApackage spread over two years, from April1, 2010 to March 31, 2012.

NCMB also reported the successfulresolution of the disputes involving Hi-EisaiPharmaceutical Corporation, Inc. andCathay Pacific Steel Corporation, both inNCR.

The dispute at Hi-Eisai PharmaceuticalCompany involved Federation of FreeWorkers (FFW) Hi-Eisai PharmaceuticalWorkers Chapter, which filed a notice ofstrike against the company on June 3, 2010,alleging deadlock in bargaining negotiations,particularly on salary increase, signingbonus, mid-year bonus, car plan, andadditional dependent (HMO).

The company also filed a notice oflockout against the union on the same day,raising the issues of wages, mid-year bonusand signing bonus.

On 22 June 2010, the parties signed acompromise agreement.

The agreement includes provisions forP1,200 per month additional basic pay toeach covered employee, merit rewardbased on performance of P800 per month,one-time financial assistance of P1,000 foreach covered employee, funeral benefits,rice subsidy of P1,000 per quarter for eachcovered employee, signing bonus of P5,000for each employee, medicine allowance,dental benefits and prescription glasses.

Total CBA package amounted toP6,384,320 benefiting 71 workers.

The labor dispute at Cathay PacificSteel Corporation was likewise settledthrough conciliation on June 9, 2010.

The union, Samahan ng Manggagawang Capasco – Taguig (SAMACAT),accepted management’s offer of P2.7M asseparation pay for twenty union members.

from page 1PASAR Row Ends

On January 27, 2010, NCMB IXembarked on a journey to SitioCanatuan, province of Zamboanga delNorte amidst the climate of fear ofambush and kidnappings lingeringaround Region 9.

The mission was to conduct a three-day re-orientation and skillsenhancement seminar at TVI ResourceDevelopment Phils., Inc (TVIFFRD) toteach the need for bipartite plant-levelcommunication and dispute resolutionmechanisms that the parties could turnto in addressing workplace problems.

TVIFFRD is the Philippine affiliateof TVI Pacific Inc., a publicly-listedCanadian mining company focused onexploration and production of preciousand base metals from district scale largesystem, with high margin projectslocated here in the Philippines. Thecompany employs some 800 workers,including its highly technicalmanagement personnel, security forces,and rank and file workers.

TVIFFRD management expressed itssincere interest in the LMC program andhas requested the branch to conductplant-level re-orientation and skillsenhancement seminar. Withouthesitation, NCMB Director Marjuc A.Jumrani, assisted by Con-Med ReynaldoS. Foncardas and Supervising LEO,Grace Joy S. Bautista braved thehighways and byways of the regionleading to Sitio Canatuan, BarangayTabayo, Municipality of Siocon,Zamboanga del Norte, where theestablishment is located.

Upon arrival at the camp site, theyimmediately proceeded with the seminar,which drew 19 attendees. Two topics,which were specifically requested by themanagement were presented: workersrights and management prerogatives andemployee discipline that were discussedby Con-Med Foncardas and DirectorJumrani, respectively. An open forum

NCMB IX MOVESNCMB IX MOVESNCMB IX MOVESNCMB IX MOVESNCMB IX MOVESDESPITE TURMOILDESPITE TURMOILDESPITE TURMOILDESPITE TURMOILDESPITE TURMOIL

continued on page 6

workers’ family members and theircommunities on the health, safety and propernutrition. The program aims to teach parentsto value the essence of good nutrition, befamiliar with human reproductive healthsystem and be aware of common infectiousdiseases and their ill effects.

Human Resource Manager DeograciasF. Mocam says, “We are now in another stepof the ladder. This is how LMC works in DOLEStanfilco (South).”

Last May 1, 2010, DOLE Stanfilco(South) fed 242 children who came with theirparents to seven day care centers inBarangay Poblacion of Valencia City. Theseday care centers were listed with most numberof depressed families.

Since January 1, 2010, almost 2,000children have been fed and a number ofmothers have received lectures on propernutrition, low cost but nutritious food, TB,proper hygiene, AH1N1 and reproductivehealth care awareness.

A mother of seven, Marilou C. Cablindasaid, “We are fortunate for having food for lifeprogram in Valencia City. Compared to otherareas of Bukidnon, this is peculiar.”

DOLE Stanfilco (South) said that thenext Health Bazaar will priorit izeundernourished children in elementaryschools not only in Valencia City but also inthe farm areas with DOLE Stanfilco pineappleplantation. The said activity will be madepossible during the nutrition and childrenmonths of July and October, respectively.(Junaliza S. Aragon)

from page 2Dole South LMC . . .

REGIONAL NEWS

Beginning July this year, NCMB willresume publication of LMC at Work.

The publication will showcase successstories of companies with LMCs to be usedas information, education andcommunication (IEC) materials in promotingLMC.

NCMB hopes to attract moreadherents to LMC with the resumption ofthis publication.

The Board plans to publish LMC atWork monthly. Each issue will featuresuccess stories of the winners in the the2009 Search for Outstanding LMC Awardfor Industrial Peace.

NCMB REVIVES LMC AT WORK

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page 6 April - June 2010 - NCMB Chronicle

REGIONAL NEWS

striking labor union and the brokerage firmat the Tavern Hotel, at the waterfront.

In their two-page compromiseagreement, the Prudential CustomsBrokerage and Stevedoring Inc. (PCBSI)pledged to give medical benefits to theworkers and to reinstate, effective April23, 2010, workers who were eased outin the redundancy program of thecompany. The company will also rehirefour employees on request of the union.

The compromise agreement, whichwas signed by all concerned parties,provided that the Philippine Ports Authority(PPA) would ensure and pursue the paymentof retirement benefits due the workers basedon their length of service.

“All other terms and conditions ofemployment that the parties have agreed onbefore the NCMB office as evidenced by thelist of demands and counter offer that theyhave submitted and considered by them assettled or acceptable shall form part of theagreed terms and conditions of employmentin this compromise agreement,” the two-page signed agreement stated.

Director Romualdo B. FLoranteexpressed satisfaction at the peacefulresolution of the dispute and thanked theother agencies who went out of their way tocooperate in the early settlement of thestrike. (Tess M. Francisco)

Surigao port dispute . . from page 1

followed for exchange of ideas andparticipative discussion.

On the second day, SupervisingLEO, Mrs. Grace Joy S. Bautistacommenced the seminar with thediscussion on LMC framework andmodalities, followed by DirectorJumrani’s discussion on alternativedispute resolution (ADR).

To wrap up the seminar, they alsoconducted a workshop on action planningso as to equip the workers in handlingsituations related to their duties as LMCmembers.

The discussion followed the revisionof their LMC guidelines which the Branchwas requested to assist and witness. Thefinal draft was then presented to the topmanagement for approval.

As a result of the discussion, theparticipants adopted the wordPIKSOLOBUKAN, a Subanon term forunity/oneness of the group as the nameof their LMC. Thus, it was named asTVIRD PIKSOLOBUKAN (LMC)GUIDELINES.

from page 5NCMB IX MOVES . . .NCMB IX MOVES . . .NCMB IX MOVES . . .NCMB IX MOVES . . .NCMB IX MOVES . . .

After a series of meetings, officersof Labor-Management CooperationPractitioners Advocates- SOCSARGEN(LAMACOP-SOCSARGEN) have finallyagreed to change its name to AIPA-S, orthe Association of Industrial PeaceAdvocates of SOCSKSARGEN,revolutionizing its transformation from apassive supporter to an active enthusiastand advocate of industrial peace.

The group has been aspiring toinclude the unorganized establishmentsin promoting industrial peace, hence, thedecision.

The officers are optimistic that themajority of the general membership willratify the new constitution, by-laws, andarticles of incorporation, as well as the

LAMACOP-SOCSARGEN changes namechange of its name during the generalassembly. The general assembly seeksto obtain more force and support in itsadvocacy for industrial harmony in theregion.

The effort and enthusiasm of theAIPA-S officers are so contagious thatthey hope to share them with othermembers and association’s members-to-be. The officers comprise of twoempowered women and seven men fromdifferent companies of differentindustries within the region. They haveuntiringly assembled, collected ideasfrom each other and committed to carryout the goals of the association towardsthe road of achievement. (Sheena V.Demata)

On the following day, the signing ofLMC guidelines by the members of LMCculminated the activity with the hope thatthe workers would soon enjoy thebenefits of improved workplace relationsand corporate responsibility, bettermanagement practices and higherproductivity. (Joyce Ann S. Capito)

“Totoopala angkasabihan,mahirap nam a s a r a pang magingi s a n gm o m m y, ”says first-time momL i a n e

Tadeo, as she shared her experienceduring a Mother’s Day tribute activityheld by the National Conciliation andMediation Board (NCMB) at its centraloffice last May 11, 2010.

The tribute almost didn’t pushthrough. But the NCMB Singles led byDeputy Executive Director Johnson G.Cañete and Financial and ManagementDivision Chief Lulu Estioco decided thatlack of funds should not deter anyonewishing to pay tribute to mothers. Theypooled their personal resources andprepared a simple celebration ofMothers’ Day.

That afternoon, officials andemployees alike took a respite from their

MOTHERS ARE SPECIALAT NCMB

respective tasks to celebrate an importantday. The tribute-cum celebration took off onthe right note when hosts Guia Soriano andRenz Fajardo shared the history of mother’sday celebration and how the differentcountries in the world commemorate theoccasion in various but unique ways.continued on page 7

REGIONAL NEWS

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April - June 2010 - NCMB Chronicle

The best proof of industrial peace is adecrease in strikes. While the country’slabor relations system is undergoing seriousupheavals, industrial peace is now a fact oflife. As labor remains vigilant – with unionsand unionized workers growing in numberand asserting their rights for increasedbenefits and a greater share of the fruits ofproduction – it has become more matureand more inclined to pursue its demandsthrough peaceful means. The Departmentof Labor and Employment has set up anumber of mechanisms for the amicablesettlement of labor-management disputes,which are now often ironed-out peaceablyto the satisfaction of both sides.

The 1987 Constitution strengthened thelabor-management relations in the country.It provides under paragraph 3, section 3, Art.XIII that “ the State shall promote the principleof shared responsibility between workersand employers and the preferential use ofvoluntary modes of settling disputesincluding conciliation, and shall enforce theirmutual compliance therewith to fosterindustrial peace.”

This provision paved the way for thecreation of the National Conciliation andMediation Board (NCMB), an agency of theDOLE tasked to undertake the conciliation-mediation function formerly of the Bureauof Labor Relations. Aside from this, theNCMB promotes other modes of labordispute settlement such as grievancehandling, voluntary arbitration and labor-management cooperation.

When the concept of preventivemediation service was introduced in 1988,not a few labor-management conflicts weresettled without the pressure of a threat ofstrike or lockout. This provided both laborand management a venue to discuss theirdifferences even before a dispute reachesa level where the union would be forced tolaunch a full-blown strike, and themanagement would resort to a lockout.

The signing of the Industrial PeaceAccord (IPA) in 1990 had also helped tomaintain industrial peace. Under thiscompact, both labor and management haveagreed to adhere to the amicable settlementof disputes rather than through strikes andlockouts, which are to be resorted to only orwhen all peaceful avenues fail.

INDUSTRIAL PEACE: A SHARED RESPONSIBILITYBut even with the attainment of

industrial peace, the number of unions hasincreased, and so has union membership.It goes without saying that with the increasein the number of labor unions, the numberof collective bargaining agreements (CBAs)correspondingly went up. More and moreworkers are now covered and protected byCBAs. This is because the core of industrialrelations in the country is enterprise-basedcollective bargaining, a system where theemployer and the union, as the certifiedbargaining agent of the workers in theenterprise, negotiate and conclude bilateralagreement generally on wages andbenefits, working conditions, hours of work,union recognition and security, andmanagement prerogatives.

It must be understood then thatcollective bargaining also serves as adispute settlement and prevention system.However, when collective negotiationsbetween the parties do not result in thesuccessful signing of a CBA, and end up,instead, in an impasse or deadlock thatneeds the assistance of a third party, NCMBis tasked to provide conciliation-mediationservices.

Grievance machinery is also anessential mechanism in the settlement ofdisputes arising from the interpretation andimplementation of company policies.Republic Act 6715 enacted in 1989 providesfor the mandatory use of the grievancemachinery as a prerequisite to voluntaryarbitration of disputes arising from CBAinterpretation.

Unresolved grievances, which used tobecome the content of most strike noticesare now being processed through VoluntaryArbitration as the terminal step in the parties’grievance machineries.

In making industrial peace more stable,the NCMB undertakes various activities suchas area-wide and plant-level seminars andskills trainings to equip labor andmanagement with the knowledge and skillsin utilizing the grievance machinery andvoluntary arbitration in resolving grievances.

Moreover, the NCMB has introducedthe concept of labor-managementcooperation through the formation of labor-management councils (LMCs) in organizedcompanies and committees in unorganizedcompanies featuring a plant-level scheme

for communication between the parties andparticipation of workers in decision-makingbased on mutual trust, respect, cooperationand concern. Many labor problems wereprevented from worsening through theLMCs.

Since the establishment of thesemechanisms that ensure industrial peaceand harmony, labor disputes and strikes, atthe most, have been contained. The levelof maturity of both labor and managementto jointly identify and solve problems can beattributed to the truth that industrial peace isa shared responsibility. That no matter howfar government efforts have gone to upholdtheir mutual interest, the key that unlocks thedoor to industrial peace lies in the hands ofboth labor and management. (Minda B.Tungpalan)

Chelet Salazar and Kinsy Fulay treatedus to video presentations featuring excerptsof last year’s celebration and the latesthappenings in each of our lives. The videoscaptured intimate moments with ourrespective children and family, including clipsshowing us in action as working mothers. Themothers in the audience got their heartspinched. And when Marlon Macalla serenadedus with “Inay”, his own composition, thistouched everyone’s hearts and got us allteary-eyed because it reminded us how trulyunselfish and unconditional a mother’s lovecan be.

“Kahit anong pagod sa maghapongtrabaho, mapapawi lahat pag nakapiling moang anak mo,” Liane concluded in hertestimony. I agreed. I myself find solace frommy stressful day at work whenever I get hometo my son JC, who pampers me with his littlehugs and whispers of “Mommy, I love you”.

Undeniably, motherhood is, indeed, apriceless experience. I guess that’s how all ofus felt, as we thanked the NCMB Singles fortheir efforts to recognize our sacrifices inpursuing our careers while striving to behands-on moms all at the same time.

That afternoon after the tribute, we allwent back to our work assignments with highspirits, hoping and dreaming for anothercelebration next year.

Who knows, someone among the singlesmight be joining our club? (Geraldine P.Orihuela)

MOTHERS ARE . . . from page 6

page 7

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page 8 April - June 2010 - NCMB Chronicle

At the end of the first quarter of 2010,the National Conciliation and MediationBoard (NCMB) has 206 filled up positionsout of 230 total plantilla positions.

The administrative division said only24 positions are vacant, five of which arein the Central Office (CO), while nineteenare in the regional branches. As of date,this manpower complement has notchanged, particularly due to Civil ServiceCommission (CSC) issuance onappointment matters.

Per CSC Memorandum Circular No.16, s. 2007, the issuance of appointmentby an appointive appointing official whoseterm of office depends upon the pleasureof the President is prohibited after apresidential election up to June 30,unless prior authority has been obtainedfrom the CSC. In compliance with thesaid prohibition, any action of theBoard’s appointing official, being apresidential appointee, on any proposedappointment shall be deferred until afterJune 30, 2010.

The regional selection boards (RSBs)in regional branches with vacant positionsare reminded that they can continue toaccept applications from interestedapplicants and conduct their respectivescreening and selection process, whichis not covered by the said CSCprohibition.

Upon completion of the screeningand selection process, RSB documentsshall be forwarded to the AdministrativeDivision for review, to ensure that alldocuments are complete and in order.This will also make sure that after June30, the appointing official can makeappropriate action on the proposedappointment and that filling up of vacantpositions will not be delayed. (Lovelyn S.Papas)

UPDATES ON NCMBMANPOWER COMPLEMENT

AND ISSUANCE OFAPPOINTMENT National Conciliation and Mediation

Board (NCMB) planning officer MarifeFausto and budget officer Felix Belza Jrattended a one-day budget forum lastMay 17, 2010 at Tejeros Hall, CampAguinaldo, Quezon City. The forum wasin line with the Department of Budgetand Management’s FY 2011 BudgetPreparation.

The activity started with thedistribution of copies of FY 2011 NationalBudget Call, followed by the openingceremonies where Secretary Joaquin C.Lagonera spoke. Sec. Lagoneradiscussed important highlights andoverview of the national budget.

Afterwards, DBM Undersecretary LauraB. Pascua discussed the Budget Frameworkand Macro Economic Assumptions througha visual aid presentation.

DBM Assistant Secretary Luz M. Cantorlater presented the Guide to Department/Agency Budget Formulation and ResourceAllocation. A discussion on SpecificPreparation Guidelines/Forms and Calendar,facilitated by Director Cristina B. Clasaraensued. Dir. Clasara reminded the forumparticipants of the deadline for submissionof all the required BP Forms, such as the2009 Actual Obligation and 2010 Current YearPerformance Program, as well as the 2009and 2010 Physical Performance/Targets,which is May 21, 2010. The deadline forsubmission of the Budget Proposal for 2011is June 4, 2010.

Usec. Mario L. Relampagos closed theforum. (Felix G. Belza, Jr.)

NCMB officersattend budget forum

Luzaran filed his claim in December2009, more than two years after his lastcontract ended in June 2007.

He said it took him that long to filehis claim because the shipping agencydid not make good their promise to re-employ him despite being declared fit towork after undergoing a series ofmedication. (Renato R. Cañutal)

Seaman gets $15,000 . . . from page 1interview was re-scheduled on May 26,2010 and for the Visayas and Mindanaoapplicants, on June 24, 2010.

During the special meeting,members of the council also decided onwho should constitute the accreditationcommittee. They agreed that it would becomposed of the TVAAC commissionersand the national president of PhilippineAssociation on Voluntary Arbitration, Inc.(PAVA), Atty. Paterno D. Menzon. (GuiaRoa S. Soriano)

TVAAC Finalizes . . . . from page 1

The National Computer Center hasjust approved the Board’s InformationSystems Strategic Plan.

In a letter dated July 21, 2010, NCCDirector General and CICTCommissioner Angelo Timoteo M. Diazde Rivera wrote “... We are pleased toinform you that the ISSP sufficientlyidentified the critical informationsystems that will support and addressthe agency’s strategic thrusts andprograms. Along this line, we areendorsing the ISSP.”

An Information Systems StrategicPlan (ISSP) is a prerequisite for anagency to request funding from theDepartment of Budget and Management(DBM) for its information technologyrequirements.

The new ISSP shall beimplemented for three years (2011-2013). Major projects included in theplan are: a) Case Docketing andMonitoring (CDMS), which is expectedto provide easy retrieval of informationon critical cases for speedy action ofthe Board; b) upgrade of the NCMBwebsite into a transactional one; c)acquisition of e-NGAS servers andworkstations for the regions; and d)DSL internet subscriptions for all regionsto facilitate communication.

National ComputerCenter ApprovesNCMB’s new ISSP

continued on page 14

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April - June 2010 - NCMB Chronicle page 9

The Northern and Central Luzon(NORCEL) and Visayas clusters of theNational Conciliation and Mediation Boardconducted their first Inter-cluster Trainingon Life and Workplace Harmony at theCasa Pilar Beach Resort, Boracay, Malay,Aklan on April 22-23, 2010.

Ninety-seven participants attendedthe said activity of which 13 came fromNCMB and 84 were from the variousregions, as follows: CAR, 7; Region 1, 2;Region 2, 15; Region 3, 4; Region 6, 25;Region 7, 16; Region 8, 15; and CO, 2.The two-day training included learningsessions on life-work integration, updateson latest jurisprudence on labor laws, andstress management.

constitutional and statutory rights of theworkers, are vital elements to achieveindustrial peace (Section 3, Article XIIIof our Constitution). He also cited anddiscussed to the participants the latestSupreme Court decisions involving laborcases on specific labor code provisions.

Open forums followed each topic.

1ST INTER-CLUSTER TRAINING ON LIFEAND WORKPLACE HARMONY

Santos “Santi” E. Getalado spokeduring the first day of the seminar. Hediscussed life-work integration,specifically on how to increaseproductivity and profitability in theworkplace by integrating basic issuesin life such as family and work,management and leadership, results andrelationship, values and principles, andcompetence and character.

Getalado also stressed that peopleshould be pro-active, be inspired of thefuture, be happy in every decisionfor these make a difference in life.“Walk extra mile to achieve optimumproductivity,” he said.

On the second day of thetraining, Atty. Von Lovel D. Bedonadiscussed labor relations. Heemphasized that basicunderstanding of the managementprerogatives, as well as the

Deputy Executive Director JohnsonG. Cañete also talked about stressmanagement. He pointed out that stresscould be bad but could also be good forit provides stimulation and challenge toa person. Other important points aboutstress discussed were the following:

·There is no such thing as a stressfulsituation, there are only stressfulresponses to situations;

·Stress is not in the situation, stress isin people;

·What is stressful to one can benormal to another. Some people eventhrive better under stress;

·People differ from each other. To copewith stress, know how your bodyfunctions;

continued on page 14

NCR & IV-B holdsTEE in ZaNorte.

The Regional Conciliation andMediation Boards NCR and IV-B flew allthe way to Zamboanga del Norte, for theirTeam Enhancement Exercises last April22, 2010.

The officers and staff did not hesitateto draw money from their own pockets forthe plane tickets just to be able to join thetrip.

The three-day activity was a mixtureof work and leisure. Chief LEO Ma. DeliaD. Yu gave some insights on the Strength– Weakness – Opportunity - Threat(SWOT) analysis, while Dir. Ma. Elena M.Hernandez took charge on theassessment of NCR’s existing SWOT,which brought several resolutions andaction plans. The activity was wrappedup by OIC Dir. Gil Caragayan with hislecture on “20 Inspirational Keys,Secrets for Winning at Work “, which wasvery relevant and inspiring.

With a full- packed schedule, theNCR & IV-B people still managedtosqueeze in side trips, and did not wastethe chance to dip into the waters of thefamous Dakak Beach Resort, took aroller-coaster ride in Fantasy Land, visitthe historical Dapitan Shrine and tour thequiet and warm city of Dipolog.

The socials night, likewise, was extraspecial. Thru the initiative of executivedirector Reynaldo R. Ubaldo, the groupfrom Manila was able to mingle with thepeople from the Mindanao Clusterheaded by director Marjuc Jumrani,director Florido Akut and OIC director JunOrihuela. The affair was proof that NCMBis one family, even though regional officesare islands apart.

The Team Enhancement Exercisewas very fruitful and rewarding. It becamea channel of communication between theDirector, Conciliator- Mediators,Technical and Administrative staff and italso became a venue for clarification ofcertain issues between NCR & IV-Bpersonnel and Executive DirectorReynaldo R. Ubaldo. (Joan Esther O.Mabilangan)

REGIONAL NEWS

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Conciliator-Mediator Arturo G.Kierulf spoke on Scanning the WorkEnvironment and The Social Partner:Their Duties and Responsibilities. Hewas followed by ConMed Hacelfeo T.Cuares who discussed Conflict, itsNature, Prevention and ManagementStrategies. ConMed Cuares’ discussionincluded company discipline andadministrative procedures, negotiationand conciliation-mediation. Theseminar ended with Director Mirasol’spresentation on the role of zone policeand private security guards inmaintaining industrial peace.

Meanwhile, Exas Phils Inc. wasadded to the list on the second phaseof the seminar conducted last May 24,2010.

Speaking before thirty oneparticipants were ConMed RosemarieG. Oxinio who expounded on the topicBe Proactive: Workplace RelationsEnhancement/Teamwork, followed byConMed Arturo G. Kierulf whodiscussed Grievance Settlement:Empowering Plant LevelRepresentatives. Senior LEO GemmaR. Poloyapoy completed thepresentation with her talk on VoluntaryArbitration: The Better Alternative.

Wrapping up the activity was anopen forum and the distribution ofcertificates to the participants. (RemusM. Caducoy)

from page 4NCMB CONDUCTS . . .NCMB CONDUCTS . . .NCMB CONDUCTS . . .NCMB CONDUCTS . . .NCMB CONDUCTS . . .

The National Conciliation andMediation Board RB-9 conducted a two-day Area Wide Seminar on alternativedispute resolution (ADR) cum caseanalysis at Camila 1 Hotel, Dipolog Cityon April 21-22, 2010.

The seminar aimed to inspire and stirthe consciousness of the participantsregarding the need for bipartite plant-levelcommunication and dispute resolutionmechanisms as a means of improvingworkplace relations.

As a result of the seminar and amanifestation of their interest, theparticipants formed the Zamboanga delNorte Industrial Peace Advocates(ZANIPA), whose avowed function is tospread the gospel of cooperation and topromote and maintain industrial peace.

Elected officers of ZANIPA were asfollows: President, Wilson Mabilog Jr.(HRMO/PESO Manager, LGU DipologCity); Vice President, Dr. Noel R. Galeza(Dean, Saint Joseph of Sindangan);Secretary, Sylvia B. Sumondong, SaintVincent’ College;Treasurer, GeocylNecesario, Wilmar Edible Oil Phil. Inc.;Auditor, Jessie O. Ampo, PrudentialCustoms Brokerage Services, Inc. andP.I.O, Buenfronio O. Ocupe, Dipolog CityInstitute of Technology.

The seminar is part of a continuingprogram of the NCMB to promote itsadvocacy for bipartite plant-level disputeprevention and resolution mechanismsthat leave the dispute settlement processto the parties who are expected to findmutually acceptable solutions to theirproblems with minimal government orthird party intervention.

Thirty-eight (38) participants,composed mainly of union officers, humanresource managers/heads, personnel andemployees of organized and unorganizedestablishments from Zamboanga del Norteand Dipolog City, as well as some from theacademe, attended the seminar.

NCMB’s Mindanao cluster directorsand Executive Director Reynaldo R. Ubaldoacted as resource persons in the seminar.

OIC Feliciano R. Orihuela Jr. of RCMB-XIIdiscussed workers’ rights andmanagement prerogatives andadministrative investigation.

RCMB IX Director Marjuc A. Jumrani dida presentation on negotiation process. Hewas followed by Ms. Grace Joy S. Baustista,Supervising LEO on the topic, WorkplacePartnership & Cooperation.

On the second day, Marjuc A. Jumranidiscussed workplace conflict prevention andresolution, followed by RCMB X DirectorFlorido J. Akut who spoke on conciliation-mediation.

Area Wide Seminar Gives Birth to ZANIPAArea Wide Seminar Gives Birth to ZANIPAArea Wide Seminar Gives Birth to ZANIPAArea Wide Seminar Gives Birth to ZANIPAArea Wide Seminar Gives Birth to ZANIPA

Executive Director Ubaldo, together with the RCMBDirectors awards certificate of participation to theparticipants.

page 10 April - June 2010 - NCMB Chronicle

Director Ubaldo, who discussed themain topic on alternative dispute resolutioncum case analysis, emphasized that theexistence of conflict or dispute is a normalaspect in any relationship or organization. Hepresented a case study to the participantsso as to equip them with the necessaryknowledge and skills in handling labor disputesituations.

“LMC is very important. I encourage youto share what you have learned,” he said.

He also stressed the importance onNCMB’s conciliation services to prevent anylabor dispute from maturing into work

stoppages, while emphasizing the importanceof preserving jobs.

The participants’ enthusiasm was high allthroughout the seminar. They activelyparticipated in the activities. They recognizedthe need to establish a workable procedurefor settling grievances to lessen the disputesin the workplace. Also, they realized the needto strengthen employee participation and toimprove customer services and workerssatisfaction.

Exec. Director Ubaldo afterwardsadministered the oath of office to the newZANIPA officers. (Joyce Ann S. Capito)

REGIONAL NEWS

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April - June 2010 - NCMB Chronicle page 11

Sta. Rosa City – The RegionalConciliation and Mediation Board (RCMB)IV-A, together with the Southern TagalogRegion-Labor Management CooperationAssociation, Inc. (STAR-LMCAI), visited theEnchanted Kingdom in Sta. Rosa City onMay 27, 2010 to meet with the EK-LMCsteering and working teams and toestablish and strengthen rapport betweenand among the RCMB and the STAR LMCAImembers in the CALABARZON area.

The plant visit afforded the EnchantedKingdom an opportunity to present itsLMC’s history, challenges andaccomplishments. On the other hand, itwas an occasion for the STAR LMCAI tourge support for the association’s projects,such as plant visits, networking,benchmarking and fund raising. The visitis part of the advocacy programs beingpromoted by the Board and the association.It is their first joint project for this year.

During the visit, Donna Dio, STARLMCAI President emphasized that theNCMB, in collaboration with the STARLMCAI, is tasked to promote alternativemodes of labor dispute resolutions (ADR),such as conciliation mediation, grievancemachinery, voluntary arbitration, and labormanagement cooperation. She said thatthe NCMB has been successful incontaining industrial disputes since itsinception in 1987. Maintaining andsustaining industrial peace at the labor frontis the challenge that it now faces.

“This is where the program of labormanagement cooperation plays a pivotalrole”, Dio explained. She said what is moreimportant is the relationship of the workerswith their employers, for such relationshipsmay either result to increased productivityand competitiveness or not. “That is whythe Board is advocating the setting up ofLMC councils or committees, whether inorganized establishments to cultivate goodworking relationships, through opencommunication and consultation,” sheadded.

Dio shared that setting up andstrengthening LMC organizationsenhances the awareness of labor and

continued on page 12

ENCHANTED KINGDOMWELCOMES RCMB IV-A AND

STAR LMCAIFine pebble beaches, mangroves, fish

sanctuaries and rainforests.

These are the backdrops that I foundwhen I joined this year’s Human ResourceDevelopment Course III (HRDC III). It was heldat the Kuting Reef, a private cove located atSitio Kuting in Brgy. Asuncion, Macrohon, asleepy town in the province of Southern Leyte.The course was aptly themed “Celebrating aGreen Summer” to remind us of ourobligation to Mother Earth.

I joined this course with mixed feelings.Excitement, because I would again be seeingfamiliar faces from NCMB Cebu and Bacolodand hopefully meet new ones. Pride, becausethe venue is located near Maasin, mybirthplace, and I had the opportunity toshowcase the sights and sounds of myhometown. Anxiety, because as host region,it was our responsibility to make sure thatthings go smoothly as planned.

Fully expecting a grueling adventurereminiscent of the Amazing Race Asia, I madeearly preparations for the course, bothmentally and physically. The effects of theprevious day’s tour of nearby Maasin Cityaboard the city government’s ancient IsuzuCanter wore off after a refreshing dip at theresort’s pebble beach and eternity pool. Agood night’s sleep following a round of tuba,Leyte’s premiere local drink, chased all thetiredness away. I was ready to sweat it out,no problem.

I was in for a pleasant surprise though.John-C Cañete, NCMB Deputy ExecutiveDirector and speaker for the two-day seminar,had other ideas. “Pinangunahan n’yo ako,walay gamit nang inyong practice-practice diha,Riza” (You are preempting me, your practiceis useless, Riza). He was referring to RizaRemerata of Cebu, whom he saw practicingtheir group cheer, along with the other proactiveladies of RCMB7. “Yung reklamo nyo napinagod kayo ng Region 8 para matalo kayosa mga contest, wala yun. Switch tayo sa PlanB.”

HRDC III, I later found out, was all aboutways of saving Mother Earth. As I listened toSir John-C talk about the environment, I wasstruck with the realization that we should saveMother Earth first so that we can save thepeople in it. If we do our bit to help reducewaste and take good care of the earth on anindividual level, I thought this would make adifference to both the world and the humanrace.

As we planted talisay trees at the coastalareas of Brgy. Molopolo and Sta. Cruz in

NCMB CARES FOR MOTHER EARTHMacrohon, this realization was still foremostin my mind. I watched my officemates digthrough the sand to make new homes for theseedlings, each hoping that the trees wouldmake it. Director Nitory Geonzon of RB8 evenpromised to monitor them to ensure that theyreach their full maturity. “Tumubo ko sana,babalikan kita.”, said Mana Liza Gobenciong,RB8’s verifiable green thumb.

I thought, this is it. This is our smallcontribution to the cause of saving nature. Forin due time, these trees would grow andcapture a few tons of carbon dioxide a year.That would mean cooler air for all of us.

My “earth-first” theory was shot downwhen we visited Dr. Juliet Cañete-Ceniza, theVisayas State University’s (VSU) residentexpert on tropical ecology. “The key now isto put people first and the environmentsecond”, said Ceniza. “The sustainabledevelopment aim is to expand the source offood for all people, so that they will no longerdepend and draw resources from the wild,thus the wilderness and the oceans will havemore time to recuperate and regenerate, andeventually be preserved.”, she said further.

Dr. Ceniza proudly showed us VSU’s awe-inspiring backdrop – Mt. Pangasgusgan,Leyte’ s last virgin forest and biodiversityhighlight. Having been to the VSU a coupleof times during my college days, the sight ofMt. Pangasugan never fails to amaze me. Howdid they manage to preserve such ecologicalwonder despite the odds?

The answer? Rainforestation.

The rainforestation farming technologyespoused by VSU ensures ecological andeconomic benefits and recognizes localpeople’s participation in all stages of forestmanagement as a key to the success in forestrehabilitation. Basically, they encouragefarmers to plant crops in between growingtree seedlings. Rainforestation has provedsuccessful in Mt. Pangasugan, according toDr. Ceniza. VSU is hoping that they canreplicate their experience in the other regionsof the country.

At the end of the course, we went hometired but there was an incredible sense offulfillment and pride that we had been able todo something to help the environment. Thewhole experience was also a wake up call.That if we don’t stop and look around us, wemay find ourselves living in no man’s land. Itis time to take the challenge. To borrow MorrisD. Uddals’s words, “The more we exploitnature, the more our options are reduced,until we have only one: to fight for survival.”(Pamela R. Babalcon)

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management, particularly the workingwomen in the field of labor andmanagement relations. “It helps to focusmore on gender sensitivity in the workplace.Before, we do not distinguish between maleand female workers in the crafting of laborand social laws. Now, the government isbecoming more sensitive in considering theplight of women workers,” she added.

Mario Mamon, EK HRD Manager,pointed out that building good relationshipis a basic thing which all labor andmanagement have the capacity to do. “Itmust start from within, at the plant level,and when consistently and patiently done,it will spill over not only to the worker’sfamilies, but also to the co-workers andemployers. It becomes the foundation of astrong and harmonious relationship,” heshared.

Ricky Paelmo, the first EK LMCChairman emphasized in his presentationthat there were so many times when themanagement planned to close its businessbecause of financial loss. The relationshipbetween management and the workforcesince the company’s foundation was notreally good. The change started little by littlein 2001 when its LMC was recognized by theparties. There were instances when laborconducted certification elections, but majorityof the employees opted not to have a union.

At present, the EK is more concernedwith their employees’ welfare and is startingto strengthen its corporate socialresponsibility (CSR). One of its CSRprojects is providing for the educationalneeds of five students it has been supportingsince they were in grade one. Thesestudents, who are now in grade six, receivefinancial assistance, school supplies andother school needs from the EK.

The Enchanted Kingdom is anentertainment/leisure park 45 minutes awayfrom Manila. It is the first and only world classtheme park in the Philippines. It offersaffordable, year-round and wholesomefamily entertainment. It is 100% Filipinoowned. The top management considers EKemployees as cast members. They have450 cast members during lean seasons,which number increases to 850 during peakseasons. The park was designed byLandmark Entertainment Group, while theride installation and maintenance was doneby the International Theme Park Service, Inc.(ITPSI), a theme park safety specialistsbased in Cincinnati, Ohio, USA. (Cora M.Fegi)

page 12 April - June 2010 - NCMB Chronicle

ENCHANTED KINGDOM . . . from page 11

To any organization, achieving its goalswould be a remarkable accomplishment.

This statement is true with what we haveobtained through the determined team of RCMB6 in setting up LMCs in unorganized companiesaside from the usual facilitation activities we doin organized establishments.

The Association of Industrial PeaceAdvocates of Negros Occidental (AIPANO) isan association composed of management andemployees’ representatives from different non-unionized companies. The general objective ofthe association is to foster peace and harmonybetween labor and management in non-unionized establishments in Negros Occidental.This could be best achieved through meetings,dialogues and sharing of experiences of themembers themselves and thru invitation ofresource person(s).

This project was conceived in 2008 withthe guidance of former RB 6 Director Isidro L.Cepeda. It came into fruition in 2009.

A series of consultations and meetingswere done after AIPANO was organized.Quickly, some members who diligently attendedthe meetings came up with an idea of forminga core group.

In September 29, 2009, those who werepresent during the meeting (ninerepresentatives from eight unorganizedcompanies) decided to choose amongthemselves who could be the group’s “ad hoc”officers who would temporarily lead and plantheir activities until a formal set of officers wereelected. Ms. Leah Amos of Steel ArtsAdvertising was designated as the ad hocpresident.

The official name of the association wasunanimously decided by the group as theAssociation of Industrial Peace Advocates ofNegros Occidental (AIPANO) in a meeting onOctober 27, 2009. RCMB 6 new regional head,Director Adorico D. Dadivas, Jr. wasintroduced to the group andthanked them for their support tothe NCMB programs and assuredthe group of the agency’s fullsupport to the project the groupmay agree upon.

AIPANO was formallyintroduced to the public during theorientation of NCMB programs andprojects held last November 18,2009 at Check-Inn Pension Arcadein Bacolod City. The association’sobjective was discussed to theparticipants by Ms. Leah Amos and

with their enthusiasm, agreed to meet againfor the drafting of by laws and election ofofficers of the assocaition.

Elected officers were: President, Ms.Leah Amos (Steel Arts Advertising); VicePresident, Ms. Cecile Torrecarion (Palmas DelMar Hotel & Resort); Secretary, Ms. IsabelLocsin (Teleperformance); Treasurer, LanilynAntiquera (Check Inn Pension Arcade);Auditor, Ms. Mila Macaya (Robinsons LandCorp.); Business Manager, Ms. JosephinePortilla (Uytiepo Lines); Board of Directors:Ms. Darryllyn Sumalangcay (Planta CentroHotel), Ms. Ritchill Lorilla (Galleon Enterprises,Inc.) and Ms. Eden Benedicto of Rural Bankof Manapla.

The newly elected officers of theassociation took their oath before DeputyExecutive Director Johnson G. Cañete at theCheck Inn Pension Arcade on March 24, 2010.The induction ceremonies coincided with theSeminar on Workers’ Rights, ManagementPrerogatives and Labor-ManagementCooperation where DED Cañete acted asresource speaker.

The association held another seminar onMay 28, 2010 at the Check Inn PensionArcade, Bacolod City. Ms. Agnes Capigon,supervising labor and employment officer ofthe DOLE – Negros Occidental ProvincialOffice discussed general labor standards.

The AIPANO has upcoming seminarsscheduled on July 27, September 28 andNovember 17, 2010 with the topics Law onTermination and Discipline, Alternative DisputeResolution, and Wage Distortion, respectively.

The continuing partnership of RCMB 6and AIPANO is expected to result in moreunorganized companies that respondpositively to the group’s objective of promotingand maintaining industrial peace innonunionized companies. (Maricel Golez)

AIPANO members with DED Johnson G. Cañete during theseminar on Workers’ Rights, Management Prerogatives andLabor-Management Cooperation.

RRRRRCMB 6 TEAMS UP WITH UNORCMB 6 TEAMS UP WITH UNORCMB 6 TEAMS UP WITH UNORCMB 6 TEAMS UP WITH UNORCMB 6 TEAMS UP WITH UNORGGGGGANIZEDANIZEDANIZEDANIZEDANIZED PEA PEA PEA PEA PEACE ADCE ADCE ADCE ADCE ADVVVVVOCAOCAOCAOCAOCATESTESTESTESTES

REGIONAL NEWS

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April - June 2010 - NCMB Chronicle page 13

In this era of Generation X , Y and Z, , where cable television channels, satellite radio,internet, and other highly sophisticated media and computer gadgets become theindispensable needs of people, I find it necessary to cope with people’s training needs,too. I mentioned this because when we are invited to speak area wide seminars and plantlevel training, I observed that LMC and GM, though not totally unknown to the participants,need to be introduced interestingly. For this reason, I always make it a point to start mylecture with something new. I find mnemonic effective.

So, if I were asked the question “when is there a grievance?” in its mnemonic way, Iwould explain it this way:

G- gripes, complaints, problems, questions ariseR - rules and policies are ambiguousI - injustice, information distortion or ignorance of rules and policies existE - extreme policy control is practiced by managementV - violation of company rules and regulations is committedA - attitude problem of employer and employee is not managedN – norms in the company are brokenC - clashes occur because of cultural differencesE - extra legal processes are utilized by parties

Again, if I were asked the question “how do we prevent grievance?” still in a mnemonicway, I would suggest the following:

G- gaps of employees and management should be bridged immediatelyR - rights of both employer and employees should be respectedI - impoverished management of people should be avoidedE - exploitative tendencies of management should be eliminatedV - valid grievances should be addressed immediatelyA - autocratic management style should be sensibleN – non programmed decisions should be avoidedC - controlling skills of management and supervisors should be enhancedE - experimental implementation of rules and policies should be avoided

POSTSCRIPT: I thank Director Sid Cepeda for citing my article “How NCMB Hones mySkills and Knowledge” featured in volume 1 of this newsletter, in his “Reflections,” which waspublished in volume 2, also of this newsletter. I find such a comment uplifting. It serves asinspiration for me to continue writing creatively. Sir Sid, there is no exact word to describehow I was inspired by your citation. Once again, thank you. (Cresencia M. Pawingi)

What is a gWhat is a gWhat is a gWhat is a gWhat is a grrrrrieieieieievvvvvance andance andance andance andance andhohohohohow do yw do yw do yw do yw do you addrou addrou addrou addrou address it?ess it?ess it?ess it?ess it?

L-R: RID Chief William E. Calina, IS OIC Dir. Lucita O. Caudilla, RCMB-XI Director Isidro Cepeda, Exec. DirectorReynaldo R. Ubaldo, Director Nicon Fameronag, Dep. Exec. Director Johnson G. Cañete and RCMB -XII OICFeliciano Orihuela posed with the participants of the Skills Upgrading Seminar-Workshop for NCMB LaborInformation Officers held in Samal, Davao del Norte last June 2-4, 2010.

NCMBs comedy presentation delightedthe participants of this year’s Labor DayCelebration at the Cebu InternationalConvention Center.

This only proves that the agency’spersonnel are not only good at resolvingissues, but are good actors and actressesas well.

The fourteen minute play depictsworkers predicament in our current economicsituation and how NCMB gets into the picture,which is relevant to this year ’s theme“Manggagawang Pilipino, Kaagapay saPagbabago”.

It was the agency’s repeat performanceafter a successful stint during the DOLEanniversary last year, which drew positivefeedbacks from the other DOLE attachedagencies. Such performance paved way fora bigger crowd.

“It’s our life,” says one of the spectatorswho confessed that he himself had relatedwell on the story.

According to Director Mirasol, the ideato bring in the talents of DOLE cropped upduring one of the RCC meetings. He said thatNLRC and NCMB were unanimously chosenfrom among the DOLE attached agencies toperform for the celebration.

Director Mirasol further echoed thisdevelopment to the staff in one of its regularweekly meetings.

Rehearsals and practice rolled slowlybefore the big day. Each one tried to perfectlyexecute his/her piece, knowing we would notbe carrying NCMB’s name alone but the entireDOLE family.

Several companies from Cebu City,Mandaue City and Lapu-lapu City likeGreencoil Industries, General Mill ingCorporation, TMX Philippines, TambuliResort, and Chong Hua Hospital were presentduring the celebration. They had a caravan tothe venue earlier that day.

The event was a celebration of DOLE’sexistence. A mass was celebrated andattended by different sectors jam packed atthe function hall. A local job fair was conductedsimultaneously after the mass in another areaof the venue throughout the day. (RemusCaducoy)

NCMB WOWSCROWD

REGIONAL NEWS

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Lupon ng Tagapamayapa of Tubacan be tapped to renderconciliation-mediation services inlabor disputes within itsjurisdiction.

Director Odsey committed toprovide technical and trainingassistance to industrial relationspersonnel of Tuba to effectivelyimplement the newly signed MOA.She said that the NCMB shallconduct advocacy training,seminars and workshops torealize the MOA’s objectives.“NCMB shall continue to conductconsultations with other LGUs inthe Region to replicate the MOA,”she said. (Cris M. Pawingi)

NCMB AND TUBA LGU . . .

·Be aware of your capabilities andlimitations;

·To manage stress, we should not take lifetoo seriously.

NCMB Regional Directors and staffwho were present during the activity wereCAR OIC Director Brenda Rose C. Odsey,RB1 OIC Director Carmina B. Alonzo, RB2Director Aniano N. Guzman, and RB3Director Darrow P. Odsey.

RCMBs 7 and 8 were represented bySupervising LEOs Gemma R. Poloyapoy

from page 91ST INTER-CLUSTER . . .

from page 16

MOA Signing. The Municipal Government of Tuba,represented by Mayor Florencio V. Bentrez, and the NationalConciliation and Mediation Board (NCMB) represented by OICBrenda Rose C. Odsey, sign a MOA on industrial peace.The signing was witnessed by (standing L-R) Technical Staffof NCMB Cresencia M. Pawingi, Maggie B. Balagtey andCouncilors Dick P. Balting and Adora K. Paus. Photo: GabrielP. Bayao

and Rico Babalcon, respectively. RCMB 6,the host region, had Director Adorico D.Dadivas, Jr. and his staff who providedadministrative support during the activity,namely, Ms. Melinda M. Lee, LEO III;Maricel D. Golez, AO IV; Dee Z. Ignacio,AO III; and Manuel M. Bescaser,Jr., ADASII.

The training ended with the awardingof certificates by Deputy ExecutiveDirector Johnson G. Cañete (VisayasCluster Head) and TS OIC DirectorAntonio R. Villafuerte (NORCEL ClusterHead). (Maricel Golez)

On managing expectations,NCMB is the place to be

It is more thannine (9) months nowsince I started workingin NationalConciliation andMediation Board(NCMB) under theVoluntary ArbitrationDivision (VAD). Likeany other newcomer, Iwas apprehensivewhen I joined theorganization.

Am I going to blend well with myofficemates? What are their expectationsof me? Can I deliver well? What if Icommit mistakes? These are thequestions that swirled on my mind on theday I started on the job.

Back in college, it had really been myaim to be an employee in a governmentagency. As a UP student back then, I feltthat I owe it to the government who financedmy tuition. But NCMB was never my target.I didn’t even know that it existed.

Until one day fate brought me to theBoard. A colleague from my former jobinformed me about the job opening in NCMB,and I, as an unemployed individual hopingto find a place in government service, wentto Arcadia Building along Quezon Avenueand applied. After a couple of interview, Iwas hired. The rest is a personal story.

Looking back now, I realized thatblending in an organization – actually dealingwith other people – is a two-step process.First, one has to exert effort to become onewith them. On this first step, I am really gladthat I have officemates who teach me thingsnot only about my job but also the work thatNCMB does. I found out that NCMB plays avital role in the country’s socio-economicdevelopment, particularly in fosteringindustrial peace. I am also glad that I haveofficemates whom I can talk to aboutpersonal matters. When stress piles upamong ourselves, we will always be relievedby cups of coffee during merienda time.

Two, one has to manage expectations.Since I joined NCMB I made it a point toremember that since they hired me over

continued on page 15

The activity was a success in termsof participants’ turn out and appreciationof the topics discussed. Nineestablishments were added as membersbringing the total membership to twenty six.

A round of consultation and dialoguewas also held after the program. ExecutiveDirector Ubaldo, being a true bloodedPalaweno, assured the PIPA members ofhis unrelenting support in all its industrialpeace advocacy efforts.

“Your dream of having an associationof industrial peace advocates is now real.The fulfillment of this dream is still a longway to go, but with the appreciation andcontinuing support and cooperation of themembers of the association and itsofficers, this dream will also come true,”Executive Director Ubaldo declared.(Luzviminda R. dela Cruz)

MIMAROPA . . . from page 4

The new ISSP also provides forthe continuous review of existingprocesses to identify strategic areaswhere automation of support functionscan be done to facilitate theoperations of the Board.

The Board has proposed abudget of P36,300,477 to fund theISSP. The budget will be used toacquire ICT equipment and software,and finance training and seminarexpenses, cost of telephone andinternet connections, ICT equipmentmaintenance, salaries and wages,representation and transportation, andother bonuses and allowances of ICTpersonnel over the next three years.(Arthur R. Audea)

National Computer . . .from page 8

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April - June 2010 - NCMB Chronicle page 15

An unborn child is considered a qualifieddependent under the collective bargainingagreement (CBA). This is the essence of arecent Supreme Court ruling affirming thedecision in a voluntary arbitration case.

Rolando, a union member and anemployee of Continental Steel ManufacturingCorporation (CSMC) filed a claim for paternityleave, bereavement leave and death andaccident insurance for dependent, pursuantto the CBA. His claim was anchored on thedeath of his unborn child because ofpremature delivery. CSMC granted Rolando’sclaim for paternity leave but denied his claimsfor bereavement leave and other deathbenefits, consisting of the death and accidentinsurance.

The union filed a notice to arbitrate withNCMB after they failed to resolve the issue atthe grievance machinery. The parties lateragreed to submit their dispute to voluntaryarbitration with the sole issue of “whetherRolando was entitled to bereavement leaveand other death benefits pursuant to Article X,Section 2 and Article XVIII, Section 4.3 of theCBA”. They have chosen Accredited VoluntaryArbitrator (AVA) Allan S. Montano to resolvetheir dispute.

The union averred that Rolando wasentitled to bereavement leave and other deathbenefits pursuant to the CBA. It maintainedthat the above-cited provisions of the CBA didnot specifically state that the dependentshould have been born alive prior to his deathor must have acquired juridical personality sothat his/her subsequent death could becovered by the CBA death benefits. The unionalso invoked article 1702 of the civil code,which provides that all doubts in laborlegislations and labor contracts shall beconstrued in favor of the safety of and decentliving for the laborer.

The company, on the other hand, positedthat the express provision of the CBA did notcontemplate the death of an unborn child, afetus, without legal personality. It claimed thatthere are two elements for entitlement to thebenefits, namely: (1) death and (2) status aslegitimate dependent, none of which existedin Rolando’s case. The company, relying onarticles 40, 41 and 42 of the civil code,contended that only one with civil personalitycould die. It claimed that the unborn childnever died because it never acquired juridicalpersonality. It argued that a foetus dead from

Unborn Child is Qualified Dependent under the CBAthe moment of delivery was not a person atall. Hence, the term dependent could notbe applied to a foetus that never acquiredjuridical personality. The companymaintained that the wording of the CBA wasclear and unambiguous and neither of theparties qualified the terms used in the CBA.

AVA Montano ruled that Rolando wasentitled to bereavement leave with pay anddeath benefits. He identified the elementsfor entitlement to said benefits, thus:

“ . . . for entitlement of the benefit ofbereavement leave with pay by the coveredemployees as provided under Article X,Section 2 of the parties’ CBA, three (3)indispensable elements must be present:(1) there is “death”; 2. such death must beof employee’s “dependent”; and (3) suchdependent must be “legitimate”.

On the other hand, for the entitlementto benefit for death and accident insuranceas provided under Article XVIII, Section 4,paragraph (4.3) of the parties’ CBA, four (4)indispensable elements must be present:(a) there is “death”; (b) such death must beof employee’s “dependent”; c) suchdependent must be “legitimate”; and (d)proper legal document to be presented.

Thus, he ordered the company to payRolando the amount of four thousand ninehundred thirty-nine pesos (P4,939.00),representing his bereavement leave pay andthe amount of eleven thousand five hundredfifty pesos (P11,550.00) representing deathbenefits, or a total amount of P 16, 489.00.

The Company elevated the issue to theCourt of Appeals. The Court of Appealsupheld the decision of the AVA.

The Company elevated the decision ofthe Court of Appeals to the Supreme Court,maintaining that the CBA is clear andunambiguous and that the literal and legalmeaning of “death” should be applied.

The Supreme Court sustained theposition of the Union. It ruled thatmanagement had admitted that neithermanagement nor the union sought to definethe pertinent terms for bereavement andother death benefits during the negotiationof the CBA. Also the provisions underArticles 40, 41 and 42 of the Civil Code citedby management are misplaced. The Courtsaid that the rights to bereavement leaveand other death benefits in the instant case

pertain directly to the parents of the unborn childupon the latter’s death. Said provisions alsodo not provide at all a definition of death. Deathhas been defined as the cessation of life. Lifeis not synonymous with civil personality. Oneneed not acquire civil personality first beforehe could die. The Constitution recognizes thelife of the unborn from conception, which theState must protect equally with the life of themother. Likewise, the unborn child can beconsidered a dependent under the CBA. Adependent is one who relies on another forsupport, one incapable of existence or unableto sustain himself without the power or aid ofsomeone else. The CBA did not provide thatthe dependent must have been born or musthave acquired civil personality to qualify as adependent. Without such qualification, then thechild shall be understood in its more generalsense, which includes the unborn foetus in themother’s womb.

(Continental Steel Manufacturing Corporationversus Hon. AVA Allan S. Montano andNagkakaisang Manggagawa ng Centro SteelCorporation-Solidarity of Union in thePhilippines for Empowerment and Reforms(NMCSC-SUPER); G.R. No. 182836) (RenatoR. Cañutal)

CASE DIGEST

other applicants, my bosses must have alot of expectations. I do that to alwaysbecome watchful and be careful in my job. Ialways bear in mind that I cannot bemediocre. I should always be at my best.So, in whatever task assigned to me, I makesure that I give my one hundred percent.

But nobody’s perfect, as the clichégoes. Sometimes, no matter how you avoidthe common pitfalls in the workplace,destiny does its job of testing one’scapability. Sometimes my one hundredpercent is not enough and I still commitmistake. The blame surely is on me, butthe key, I also found out, is to take fullresponsibility.

Yes, some bosses will scream at theslightest hint of error while some will just bequiet and remind me to always review mywork. Lately, I learned that whatever kind ofbosses I have, they all contribute to mypersonal growth in the organization. Littleby little, I am learning as a person, as anindividual, and as a civil servant. (Guia RoaS. Soriano)

On managing expectations . .from page 14

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page 16 April - June 2010 - NCMB Chronicle

is a quarterly publication of the NationalConciliation and Mediation Board – Departmentof Labor and Employment. All rights reserved.

EDITORIAL BOARD

Exec. Director IV REYNALDO R. UBALDOPublisher/Adviser

Dep. Exec. Director JOHNSON G. CAÑETEProject Director

OIC Director LUCITA O. CAUDILLAProject Manager

MARIFE E. FAUSTOLayout

WILLIAM E. CALINAEditor

FELIXBERTO SAGUINSINLogo Design and Photography

WE WELCOME CONTRIBUTIONS. NCMB CHRONICLE enjoins NCMB officials and staff to send in their contributions, suggestions and/or comments tothe Research and Information Division, NCMB, 6th Flr., Arcadia Bldg., 860 Quezon Ave., Quezon City, Philippines or thru e-mail at [email protected] [email protected]. All contributions are subject to the editing policies of the Editorial Board.

Circulation

DIADEMA A. AGUIRREMARLON M. MACALLA

MICHELETTE L. SALAZAR

On 30 April 2010, thenDOLE Undersecretary forLabor Relations RosalindaD. Baldoz met with NCMBExecutive DirectorReynaldo R. Ubaldo,together with the RegionalBranch Directors andConcil iator–Mediators(Con-Meds) of CentralOffice, RCMBs NCR, III, IV-A and IVBat the NCMB-NCR Conference Roomin Intramuros, Manila for the monthlyregular meeting.

The con-med meeting is intended tokeep the labor relations chief abreast withupdates on all the conciliation-mediationcases handled by the board especiallythose considered as critical and highprofile cases.

During the course of the meeting, theLR chief reminded all directors and con-meds to be more aggressive and not tobe complacent in handling caseassignments so that they would not becaught unaware of any untoward incidentthat may occur while conciliation-mediation proceedings are on-going.

She also advised the directors andcon-meds to hone their communicationskills, explore all avenues and exhaustconciliation efforts to avoid further conflictbetween the parties involved in the casesthey handle. More importantly, they shouldalways provide ED Ubaldo updates on

DOLE LR Chief meets

such cases and not hesitate to seek thelatter’s advice or assistance, he being anexpert in the field.

In this light, ED Ubaldo added thatthe con-meds should practice teamconciliation and be willing to share theirideas, experiences and strategies withtheir colleagues. He said, “It is helpful totake down notes of what transpired duringmeetings for review and to study theparties’ practices to be able to come upwith proposals that might alleviate thetension between the parties or better yet,resolve their dispute.”

The group also discussed the DOLESpeed Project. Usec Baldoz advised thegroup to speed up the resolution of casesenrolled in the project.

Lastly, Usec Baldoz remindedeveryone to conduct proper inventoryand physical accounting of all caserecords in preparation for the turn-overof these cases this coming June. (GirlieP. Orihuela)

with NCMB Con-Meds

second front page

The Municipal Government of Tuba,represented by Mayor Florencio V. Bentrez,entered into a memorandum of agreement(MOA) with the National Conciliation andMediation Board (NCMB), represented byOIC Brenda Rose C. Odsey, on February10, 2010 at the Tuba Municipal Hall.

The MOA taps the LGU of Tuba toassist in the promotion of alternative disputeresolution schemes in workplaces under itsjurisdiction, in recognition of the fact thatLGUs are in the best position to assist theNCMB in the maintenance of industrialpeace within their areas of jurisdiction.

The MOA confines the agreement to theconduct of conciliation-mediation servicesby qualified personnel of the municipalityupon the request of either or both partiesinvolved in labor disputes that are not yetfiled with the DOLE, the NLRC, or theNCMB. The MOA also provides that theLGU of Tuba shall serve as a soundingboard and facilitator for establishments andorganizations that are interested inorganizing alternative dispute resolutionforums and coping mechanisms in theworkplace, such as labor managementcooperation, grievance handling, voluntaryarbitration, and conciliation-mediation.

Mayor Bentrez, a former unionpresident and an accredited voluntaryarbitrator, immediately agreed on thesigning of the MOA to help workers whocannot afford the services of lawyers todefend their basic rights. He said that the

NCMB AND TUBA LGUSIGN MOA ON

INDUSTRIAL PEACE

continued on page 14