Beruflich Dokumente
Kultur Dokumente
Who is the party who desires to negotiate an agreement? It is always the union.
The company does not care, it does not desire to negotiate an agreement.
B. Should differences arise on the basis of such notice and reply, either party may
request for a conference which shall begin not later than ten (10) calendar days
from the date of request.
The period that you have to remember here is 10 DAYS. 10, 10, 10 DAYS.
C. If the dispute is not settled, the Board shall intervene upon request of either or
both parties or at its own initiative and immediately call the parties to conciliation
meetings. The Board shall have the power to issue subpoenas requiring the
attendance of the parties to such meetings. It shall be the duty of the parties to
participate fully and promptly in the conciliation meetings the Board may call;
This negotiation is so replete that the goverment is hovering over the shoulders of
the parties. When in doubt, the NCMB may come in. They want to prevent a strike.
D. During the conciliation proceedings in the Board (refers to NCMB), the parties
are prohibited from doing any act which may disrupt or impede the early
settlement of the disputes; and
E. The Board shall exert all efforts to settle disputes amicably and encourage the
parties to submit their case to a voluntary arbitrator. (As amended by Section 20,
Republic Act No. 6715, March 21, 1989)
What happens if you do not submit to Voluntary Arbitration? You may be charged
of Failure in your duty to bargain. Can that charge __stick__? It is my submission
that it does not. That is why it is not stated here as a specimen of Bad Faith
Bargaining. For example, the employer fails to show up in the conciliation
proceedings. Can they compel those present to testify? Please refer to Article 238
as renumbered.
Art. 238 (233). Privileged communication. Information and statements made
at conciliation proceedings shall be treated as privileged communication and shall
not be used as evidence in the Commission. Conciliators and similar officials shall
not testify in any court or body regarding any matters taken up at conciliation
proceedings conducted by them.
So what is the status of conciliation proceedings? PRIVILEGED. Dont forget that.
Even the Supreme Court forgets that. If fail to object on the ground that it is
privileged, you waive it.
Situation: if you fail to appear in the conciliation proceedings, and the other party
bring a case against you for bad faith bargaining, which is a species of Unfair
Labor Practice. If he brings it up, it is a mere allegation that is self-serving. So you
need evidence. How do you produce evidence? You produce the logbook of the
conciliation. Can you produce the logbook? NO, because that is PRIVILEGED. Can
you call the Conciliator to testify?No. He is prohibited from testifying. Article 238.
Philippine Airlines vs Secretary of Labor: They filed a notice of strike with the
NCMB. But the Code says, you file it with the Ministry. The Bureau of Labor IRR
says you should file it with the NCMB. When they filed it with the NCMB, it did not
consider it as a strikable issue. The NCMB considered it as among the preventive
mediation items. It is not a strike item. The SC said that there is no ground for
strike because even the NCMB classified it as non-strikable. How did it get hold of
that record when it was supposed to be privileged. Article 238 is original to the
law, it was here from the very start. It is not an amendment. How could the SC
find out that the NCMB put it there? The NCMB testified.
Alright, you present bargaining proposals. You are the representative of the
Bargaining unit, then you are in possession of proof of your status. What is your
proof of your representative status? And mga tao walay documentation, walay
evidence.