THE OFFICIAL NEWSLETTER OF NATIONAL CONCILIATION AND MEDIATION BOARD April - June 2009Volume 2, No. 2

NCMB REPORTS DECLINEIN STRIKE INCIDENCE

Strike incidence in the country continuesto decline as only two work stoppagesoccurred during the first semester of 2009compared to three in comparable periodlast year, according to a report submittedby Executive Director Reynaldo R. Ubaldoto Labor Secretary Marianito D. Roque.

As of this writing, the country has beenstrike-free for more than three months in arow, the report said.

The 33 percent decline in strike incidence is a testamentto the stability of the country’s labor relations climate, thereport added.

The two strikes, each of which lasted not longer thantwo days, occurred in February and March 2009.

continued on page 2

ACTUAL STRIKES/LOCKOUTS DECLARED1986 - 2009 (June 30)

89 93 9258 60 43 36 38 25 26 12 6 5 2

9493122136

182183197

267

436

581

0

100

200

300

400

500

600

700

1986

1987

*19

8819

8919

901991

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

2002

200320

0420

0520

0620

0720

0820

09

*Creation of NCMB

Seventeen former union members of the E.G. Cebu ManufacturingInc. Democratic Union of Workers received their separation pay as aresult of the settlement of the Notice of Strike filed by their union, accordingto NCMB RB 7 Director Edmundo Mirasol.

The parties to the Notice of Strike agreed on the terms of settlementduring a conciliation meeting presided over by Con-Med Joseph Llanto atthe RCMB 7 office on May 14, 2009.

“The amount of P368,944.85 will benefit 17 union members of theE.G Cebu Manufacturing Incorporated consisting of their separation payequivalent to 13 days per year of service, 5 days incentive leave for theyears 2006-2007 and holiday pay”, Director Mirasol said.

LABOR CASE SETTLEDLABOR CASE SETTLEDLABOR CASE SETTLEDLABOR CASE SETTLEDLABOR CASE SETTLEDBy Remus Caducoy

continued on page 7

Twenty-four workers of Phil Frost Foods, Inc., Malabon City, receivedrecently a total of P1M as separation pay, courtesy of the SENA program ofthe NCMB.

The workers, who earlier sought assistance from NCMB NCR followingalleged labor standards violations by the company, accepted management’soffer of financial assistance amounting to P1M which settles once and for alltheir claims for underpayment of wages and 13th month pay, incentive leavepay, legal holiday, overtime and allowances.

The company has earlier signified its intention to close shop aftersuffering business reverses due to the effects of the global financial crisis.It manufactures fish sauce for export.

Resolution of SENA casesaward monetary benefits to workers

By Diadema A. Aguirre and Remus Caducoy

continued on page 7

The Conflict overTermination

Disputespage 2

IN THIS ISSUE . . .HOW COCOMECO

WORKS

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R E F L E CTIONS

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PAVAUpdate

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page 2 April - June 2009 - NCMB Chronicle

REGIONAL NEWS

Absent any showing that atermination issue is discussed inthe grievance machinery, the sameproperly falls within the jurisdictionof the labor arbiter.

Company A terminated B and C fromemployment for alleged commission of multiplecounts of frauds, acts of dishonesty and breachof trust. Management denied several attemptsby the Union to discuss the matter at the grievancemachinery. Management claimed the issue isbeyond the coverage of the grievance machineryand the matter falls under compulsory arbitration.

The Union then filed successive cases withNCMB, namely, Request for Voluntary Arbitrationand Notice to Arbitrate. Company A, in both cases,reiterated their objection arguing that neither theNCMB nor the voluntary arbitrator has jurisdictionover termination disputes, stressing that the issuefalls within the original and exclusive jurisdictionof labor arbiters.

Nevertheless, NCMB appointed anaccredited voluntary arbitrator to determine“whether or not the termination from employmentof B and C is legal.” Management filed a ‘Motion

The Conflict over Termination DisputesBy Renato R. Cañutal

continued on page 8

CASE DIGEST

to Dismiss’ reiterating its objections and soughtthe dismissal of the case on the grounds raisedearlier. The AVA denied the motion.

The AVA then rendered a decision orderingmanagement to pay back wages and thereinstatement of B and C.

Management filed a certiorari petition beforethe Court of Appeals contending that the AVAcommitted grave abuse of discretion and actedwithout jurisdiction when he issued the assailedResolution that denied their Motion and assumedjurisdiction over the case.

The Court of Appeals granted the petition.

The issue to be resolved by the Court ofAppeals is the correct interpretation of Articles217 and 261 of the Labor Code over terminationdisputes.

In Vivero vs. Court of Appeals, 344 SCRA268 [2000] the Supreme Court clarified thattermination disputes belong to the jurisdiction ofthe labor arbiters in the absence of an expressagreement by the parties to submit the labordispute to other jurisdiction particularly tovoluntary arbitrator or panel of arbitrators asprovided in Art. 262 (now Art. 261) of the LaborCode.

This basically is the main idea in the lectureof Ms. Rosamyra T. Gallego, HR Manager of C.Alcantara and Sons, Inc., who acted as resourcespeaker during the Mindanao-wide Seminar onGrievance Management held at Madapo, DavaoCity last April 16, 2009.

Ms. Gallego discussed the four (4) creativeinterventions in handling workplace conflicts,namely: Coaching, Counseling, Mentoring andCorrecting.

COACHING, she said, is about seeing thebigger picture and how the decisions you makeaffect other people. It improves the individual’scapacity to focus, learn and innovate. It is a

HOW COCOMECO WORKSBy Junaliza S. Aragon

continued on page 7

“DAP-AYAN” is a Cordillera word which means “a place where people gather.” This wordwas adopted by Camp John Hay Manor Hotel as a name of their LMC- “Dap-ayan ti John Hay.”

When the Branch was asked to give a reorientation to newly elected Chairmen and membersof their ten LMC Committees, the word Dap-ayan was used as a guide in one of the topics “Howto Run an LMC”.

D – Definite aim, goal (mastermind and master plan)A - Achieve goal through accurate thinking (tolerance, readiness)P – Plan projects /activities realistically (imagination, creativity)A - Arouse employees’ interest in the project through participation and delegationY – Y and X Theory of Work (habit of doing more)A - Appraise the projects, agree (enthusiasm , cooperation)N – Network and affiliate with other companies with LMC (teamwork)

By Cresencia M. Pawingi

How to Run an LMC

Workplace conflicts are common. Conflictsin the organization arise because people havedifferent goals and needs. As they strive toachieve and satisfy their goals and needs, theyrun into conflict with others in the group who mayfeel threatened by the manner and means withwhich they try to achieve them. We have seen theoften intense personal animosity that can result.

Nonetheless, the fact the problem exists isnot necessarily a bad thing. As long as it is resolvedimmediately and effectively, it can lead to personaland professional growth.

at 1:30 PM, in time for the workers’ break time soas not to disrupt company operations. Of the 289qualified voters, 253 cast their votes in sixprecincts. Official canvassing of votes began at1:35 PM and ended at 7:00 PM.

The election and canvassing were peaceful,orderly and fair. No electoral protest was raisedby the parties concerned.

The staff had reason to feel a sense ofaccomplishment as they did an excellent job in anunfamiliar turf. Exhausted and tired, theynonetheless agreed that it was all worth thesacrifice. The success of the election preventedwhat otherwise would have been lengthyproceedings in another DOLE office.

The COMELEC team was composed ofConMed Cancio, Supervising LEO Onofre H.Bautista, LEO III Ma. Girlie D. Layug, Rebecca B.Tibon, Marlyn Q. Flores, Rhoda A. Blanco andRosanna C. Cruz.

RCMB III OVERSEESfrom page 5

Productive workdays lost declined 80%as a result of shorter strike duration, despitethe involvement of more workers in actualstrikes.

Last year, only 810 workers were affectedby strikes declared during the first semester,compared to 1,200 workers involved in the twostrikes during the first semester of 2009.

The three strikes in the first semester of2008 however, lasted an average of 24 days.

Threats by workers to declare workstoppages also declined significantly. For theperiod ending 30 June 2009, there were 139new Notices of Strike filed by workers, declining29% from the 195 new cases docketed in 2008.

The fewer strike notices also involved asmaller number of workers – 24,263 during theyear to 35,282 in comparable period in 2008.

Preventive Mediation cases followed thesame trend as new cases docketed during theperiod dropped 5% to 257 compared to 271last year.

PM cases this year, though, involved 12%more workers.

GFC, proactive interventions play big rolein case decline

NCMB officials attribute the downtrend inconciliation-mediation cases to the globalfinancial crisis which affected the country latelast year until the first semester of the currentyear.

from page 1NCMB REPORTS . . .

continued on page 5

April - June 2009 NCMB Chronicle page 3

Ormoc City – The Region Eight LaborManagement Cooperation Practitioners League(RELAMACOP) launched its very own speakersbureau on April 27, 2009 at the EDC-LGPF MilagroAdministration Complex in Ormoc City. The Bureauis primarily tasked with helping the RegionalConciliation and Mediation Branch on the promotionof its programs and projects.

The bureau took off with the conduct of athree-day skills training to a select group of LMCpractitioners known for their passion andcommitment to the cause of industrial peace, ledby RELAMACOP’s untiring President Rene V. delos Reyes. Topics discussed includedcommunication skills, labor relations, alternativedispute resolution and servant leadership toprepare them for future speaking engagementsspecifically for RELAMACOP member industries,unorganized establishments and the academe.

Conceptualized by RELAMACOP Board ofDirector Sherlock A. Codilla, the bureau aims tosustain industrial peace in the region througheducation and training. Realizing the enormity of

By Pamela R. Babalcon

RELAMACOP LAUNCHESSPEAKERS BUREAU

REGIONAL NEWS

Holcim Philippines and the Holcim – La UnionSupervisory Employees Union concluded theirmaiden CBA recently.

The parties signed their new CBA at theMandarin Hotel, Makati City on March 12, 2009.

NCMB RB 1 OIC Director Carmina B Alonzo,who facilitated the forging of their first CBAwitnessed the event and delivered herinspirational message entitled “Our CBA is Good”.

Prior to the conclusion and signing of thenew CBA, OIC – Director Alonzo conducted aseminar on “Principled Negotiation” before theHolcim management representatives and itsSupervisory Employees Union.

Her presentation convinced managementand union representatives of the company toconclude their maiden Collective BargainingAgreement (CBA).

Both the management representatives ofHolcim Philippines and the supervisory unionexpressed their gratitude to OIC Alonzo for herefforts.

Part of their letter commending OIC Alonzoreads as follows:

“We would like to express our gratitude fora very proactive move by your office that resultedto a conclusion of our negotiation. We stronglybelieve that the “Principled Negotiation” trainingyou conducted to our people helped a lot for abetter understanding of how we should deal withthe issues at hand properly.”

The new CBA takes effect from January 1,2009 to December 31, 2014.

NCMB Facilitates ForgingNCMB Facilitates ForgingNCMB Facilitates ForgingNCMB Facilitates ForgingNCMB Facilitates Forging of Maiden CBA at of Maiden CBA at of Maiden CBA at of Maiden CBA at of Maiden CBA at

Holcim Phils.Holcim Phils.Holcim Phils.Holcim Phils.Holcim Phils.By Cesar D. Cacayuran

RCMB I in Pictures in Pictures in Pictures in Pictures in Pictures

NCMB RB 1 personnel pose for a photo during their teambuilding activity held in Laoag City recently(top photos). (Below, left) NCMB RB I personnel join other staffs from the Northern and Central LuzonCluster in the “Para-Legal Training for Non-Lawyers on the Alternative Dispute Resolution System”held at the By the Sea Resort, Barreto, Olongapo City on April 23-24, 2009. Right, OIC DirectorCarmina Alonzo, fourth from left, with other officials and guests during Labor Day celebrations at theEvent Center of SM Rosales, Pangasinan. (Cesar D. Cacayuran)

the group’s responsibilities, Mr. Codilla gave hiswords of encouragement: “Being decisive andfocused and committing to the fulfillment of adream gets you to the goal and closes the doorfor wrong options.”

NCMB Director Juanito B. Geonzon, whileconceding that the ultimate goal of the bureau isindeed a tall order, agrees that it is an achievableone, especially with the present crop of speakers.He assured them of NCMB’s support by providingthe group with the necessary information andmaterials to arm them in their quest for aneducated and more mature workforce.

A planning activity was held after thetraining, outlining the group’s course of actionfor the remainder of the year.

All 18 members who attended the trainingsigned a statement of commitment expressingtheir availability whenever their services areneeded and are now accredited members of theRELAMACOP Speakers Bureau.

women,” a participant was quoted assaying.

An open forum and distribution ofcertificates to the participants wrapped up theactivity.

RB 7 Conducts Seminar . . .

Participants listen attentively as Conciliator-MediatorRosemary Oxinio expounds on her topic during theSeminar on Anti-Sexual Harassment held at the VATraining Center of RCMB 7, Cebu City.

from page 5

REGIONAL NEWS

page 4 April - June 2009 - NCMB Chronicle

REGIONAL NEWS

I read with pride contents of the latestof our Chronicle, showcasing an array ofaccomplishment of our organization –NCMB. Wow! What a power!

Congratulations to our leadersheaded by Admin Ubaldo for givingimpetus to this project and for providingthe needed motivation to the men andwomen who day labor in and day out inorder to put out publication such as thisChronicle. Congratulations also to ourcontributors/editors from the CentralOffice and regional branches who spentadded times in gathering news andwriting articles so that we can learn newknowledge coming from their experience.

We are also happy to have read thespeech of Admin Ubaldo delivered at the21st anniversary of NCMB where he laiddown the charted course of action ofNCMB this year and the years ahead.While Admin Ubaldo articulated the gainsof the past and the present scenario ofthings, he also made emphasis on thetraits-character traits of NCMB people willhave to possess if we want to participatemeaningfully in the business ofadvocating industrial peace. Indeed, theimpact of such lessons we learned fromeach other will leave a good imprint inour minds as we go on looking foranswers over a multitude of questionsthat have eluded some of us for so manyyears.

He labeled these traits as 1)conviction; 2) commitment; 3)cooperation; 4) concerned; and 5)compassion.

The question arises: How do we putinto practice these traits? What examplescan we give for easy understanding? Toanswer these two (2) questions, we weretempted to present a theoreticaldiscourse not knowing that in this issuewe have one article from CordilleraAdministrative Region (CAR) that couldprovide living answers.

REFLECTIONS

The article of MS. Cres Pawingi asthe title suggests (How NCMB Hones MyKnowledge and Skills) presents thedifferent that supported her acquisitionof knowledge and honing of the skills inher 12 years working with NCMB-CAR inpromoting our programs. It is hearteningto note that she was very proud by tellingus her fulfillment in facilitating LMCs andsetting up Grievance Machineries atdifferent places.

“Worth the price,” Ms. Pawingienthuses. She went on reminding all ofus that advocacy and networkingrequires patience and diligence. Onpage four (4) of the latest issue you willfind a mnemonic device, sort of, that Ms.Cres Pawingi uses to facilitateunderstanding of the concept ofgrievance machinery. Her assigning ofmeaning to the different letterscomposing the word grievance is forsure the product of creativity. Sure, a lotof similar meanings can be ascribed tothe letters of the word, but what a goodtool for Cres. Along with this, I remembera principle from adult learning whichsays that adults are relevance oriented.One good topic for sharing through thiscorner in the future.

For now, I thought that the 5 C’s ofAdmin Ubaldo have been givenexamples as practice by Ms. CresPawingi. Most if not all character traitsthat Admin Ubaldo wanted internalizedby all of us were being put to use by Cres.To Cres Pawingi, may you continue toinspire us more by your conviction,commitment and dedication to pursuingrelentlessly what we have been doingfor both labor and management so thatindustrial peace may not stay idle as aconcept but a dynamic relationship thatrespects the rights of all concerned.

Yes, as they say, may your tribeincrease!

By Director Sid CepedaFor those who are lucky to still be blessedwith your Mom, this is beautiful. For those whoaren’t, this is even more beautiful.

The young Mother set her foot on the path oflife. “Is this the long way? She asked. And theguide said “Yes, and the way is hard, and you willbe old before you reach the end of it. But the endwill be better than the beginning.”

But the young Mother was hungry, and shewould not believe that anything would be betterthan these years. So she played with her children,she fed them and bathed them, taught them howto tie their shoes and ride a bike, and remindedthem to feed the dog and do their homework andbrush their teeth. The sun shone on them and theyoung Mother cried, “Nothing will ever be lovelierthan this.”

Then the nights came, and the storms andthe path was sometimes dark, and the childrensaid, “Mother, we are not afraid, for you are near,and no harm can come.”

And the morning came, and there was a hillahead, and the children climbed and grew weary,and the Mother was weary. But at all times shesaid to the children, “A little patience and we arethere.” So the children climbed and as they learnedto weather the storms. And with this, she gavethem strength to face the world. Year after sheshowed them compassion, understanding, hope,but most of all… unconditional love. And the weeksand the months and the years, and the Mothergrew old and she lay down at night, looked up thestars and said, “this is a better day than the last,for my children have learned so much and arenow passing these traits on to their children.”

And when the way became rough for her,they lifted her, and gave her strength, just as shehad given them hers. One day, they came to hill,and beyond the hill they could see a shining roadand golden gates flung wide.

And Mother said “I have reached the end ofmy journey. And now I know the end is better thanthe beginning, for my children can walk with dignityand pride, with their heads held high, and so cantheir children after them.”

And the children said, “You will always walkwith us, Mother, even when you have gone throughthe gates.” And they said: “We cannot see her,but she is with us still.” A Mother is more than amemory. She is living presence.

Your Mother is always with you. She’s thewhisper of the leaves as you walk down the street,and she’s the smell of certain foods you remember,flowers you pick and perfume that she wore, she’sthe cool hand on your brow when you’re notfeeling well, she’s your breath in the air on a coldwinter day. She is the sound of the rain that lullsyou to sleep, the colors of a rainbow, she is yourbirthday morning, your Mother lives inside yourlaughter. And she’s crystallized in every tear drop.A Mother shows every emotion…. Happiness,

MOTHER

sadness, fear, jealousy, love, hate, anger,helplessness, excitement, joy, sorrow… and allthe while hoping and praying you will only knowthe good feelings in life. She’s the place you camefrom, your first home, and she’s the map you follow

with every step you take. She’s your first love,your first friend, even first enemy, but nothing onearth can separate you. Not time, not space…not even death!

HAPPY MOTHER’S DAY!!!

REFLECTIONS

April - June 2009 - NCMB Chronicle page 5

“Workers do not want to risk their jobs bythreatening their employers with concertedactions. The spate of lay-offs, closures andretrenchments during the later part of last yearand the earlier part of this year has been a bigdeterrent in calling for work stoppages,”Executive Director Reynaldo R. Ubaldo said.

“Of course, there is also the growingmaturity of the workers and their employers whoopt to discuss their differences in the shop floorinstead of fighting it out in the picket lines, or inthe courts,” he added.

He said the Board’s proactive programs onworkplace relations enhancement and workplacedispute resolution mechanisms have played agreat part in the reduction of labor disputes.

With or without the crisis, the Board hasbeen intensifying its activities in the setting up ofLMC and GM mechanisms in establishments, hefurther said.

He said that to date, there are a total of1,334 active and functioning WCPs that continueto benefit 320,000 workers nationwide in termsof improved communication, better managementpractices, and improved corporate socialresponsibility.

Also, 1,447 active and functioning grievancemachineries are in place ready to process andresolve workplace conflicts before these couldmature into full blown labor disputes that coulddisrupt company or business operations.

Unfair Labor Practice (ULP) issuespredominate

Exec. Director Ubaldo said that ULP comprisethe bulk of issues raised in cases filed with theBoard.

Of the 139 new Notices of Strike, 80% or111 raised ULP issues. Only 19 cases (14%) werefiled on grounds of deadlock in bargainingnegotiations while nine (6%) raised both ULP andBD issues.

ULP issues also dominate among the issuesraised in PM cases. Of the 257 new PM cases,86% or 222 were filed on grounds of unfair laborpractice. Only 31 cases were filed on grounds ofdeadlock in bargaining negotiations while fourcases raised both ULP and BD issues.

The actual strike declared by the ALU-TUCPagainst R & Y Augousti (Cebu) also involved unfairlabor practice.

On the other hand, the strike declared by theunion at Asia Brewery Inc. (Region IV A) involveddeadlock in bargaining negotiations.

Independent unions dominate in case filing

Independent unions filed more cases thantheir federated counter parts, the report alsodisclosed.

Of the 139 new notices of strike filed duringthe first semester of 2009, 78 or 56% were filedby independent unions while federated unionsfiled 61 cases.

TUCP led the list of federations that arefrequent case filers with 28 notices.

Preventive mediation cases, meanwhile,were divided almost equally among independentand federated unions with 128 and 129 cases,respectively.

TUCP tops the list of PM filers with 61cases, followed by KMU and LACC with 22 and20 cases, respectively.

The two actual strikes, which occurred inRegion IV-A and Cebu, were declared by anindependent union and a union affiliated withALU-TUCP, respectively.

Fewer government intervention in labordisputes.

The report also revealed a downward trendin government intervention in labor disputes.

From January 1 to June 30, 2009, theSecretary of Labor and Employment invoked hispowers in only 12 cases or 2.45% of the 489total cases handled.

For the same period in 2008, 19 cases or3.48% of the 546 total cases handled wereeither assumed jurisdiction by the Secretary orcertified for compulsory arbitration.

Prior to 2008, the power of the secretaryto assume or certify a dispute for compulsoryarbitration was invoked in an average of 4.1%of all cases handled during a given year.

from page 2

NCMB REPORTS . . .

REGIONAL NEWS

continued on page 6

RB 7 Conducts Seminar on Anti-Sexual Harassment

REGIONAL NEWS

RB VII Director Edmundo T. Mirasol said thatRCMB 7 has just concluded the Area-WideSeminar on R.A. 7877 (Anti-Sexual HarassmentAct), R.A. 9262( Anti-Violence Against Womenand Children) and the Plant Level Approaches/Mechanisms in the Prevention and Settlement ofLabor Disputes and Grievances.

The activity was held at the VA TrainingCenter, NCMB, Cebu City last June 26, 2009.

The activity aimed to give information anddraw awareness to the NCMB programs and it’scontinuing campaign on the rights of women.

Fifty- three management and laborrepresentatives from manufacturing, distributionand service companies attended the half dayactivity.

ConMeD Cuares talked on the Anti-SexualHarassment Act and the Anti-Violence AgainstWomen and Children.

On the other hand, Mr. Rex P. Ramos, AdminAsst III provided the overview of the agency’sprograms: the Conciliation-Mediation, Labor-Management Cooperation and GrievanceHandling/Voluntary Arbitration.

By Remus Caducoy

RCMB 7 Director Edmund T. Mirasol welcomes theparticipants to the Seminar on RA 7877 (Anti-SexualHarassment Act, RA 9262 (Anti-Violence Against Womenand Children) and Plant Level Approaches/Mechanismsin the Prevention and Settlement of Labor Disputes heldat RCMB 7 VA Training Center on June 26, 2009.

The aforementioned programs were givendetails by Con-Med Rosemarie G. Oxinio, LEO IIIRene A. Sabornido, and Senior LEO Gemma R.Poloyapoy, respectively.

The participants praised RCMB 7’s effortsin coming up with the seminar. “The seminar isenlightening. It made us aware of our rights as

A first of its kind: RCMB III had its first tasteof supervising a union’s local elections.

On May 25, 2009, seven RCMB III personnelwere dispatched by Director Darrow P. Odsey toMarquee Mills Mfg., Inc. in Pulilan, Bulacan tooversee the conduct of election of officers ofSamahang Manggagawa ng Marquee Mills Mfg.,Inc.

This was in keeping with the Agreementearlier signed by the Union and Management whichstates in part, “The Regional Conciliation andMediation Board III will act as the COMELEC in thesaid election.”

ConMed Maria Teresita L. Cancio, whofacilitated the settlement of the Notice of Strikeinvolving both parties, immediately set a meetingwith the union and discussed the details of thelocal elections. Specific matters as to qualifiedvoters, candidates, positions, composition ofCOMELEC, period of filing of candidacy, campaignperiod, and numbers of precincts/booths werecovered.

RCMB III OVERSEESELECTIONS OF OFFICERS OF

MARQUEE MILLS UNIONBy Rosanna C. Cruz

continued on page 2continued on page 3

REGIONAL NEWS

page 6 April - June 2009 - NCMB Chronicle

from page 5NCMB REPORTS . . .

Monetary benefits

Successful conciliation of notices of strikecases resulted in the facilitation of CBApackage amounting to P134,484,336 for 5,254workers and separation pay and restitutionbenefits of P10,337,656 for 696 workers.

Likewise, the amicable resolution ofpreventive mediation cases also benefitedsome 761 workers with P47,513,934 in CBApackage. Some 305 workers also benefitedfrom the P7,983,655 in separation pay andrestitution benefits.

Single Entry Approach (SEA) continuesto gain ground

The Single Entry Approach (erstwhileFree Legal Aid and Voluntary ArbitrationServices or FLAVAS) continues to be an optionin resolving labor disputes involving individualcomplainants.

SEA gives opportunities to non-unionizedworkers to avail of the conciliation-mediationservices of NCMB without the formal requisiteof a notice of strike.

Under the program, workers’ complaintsare first processed through conciliation. If thedispute is not settled after two conciliationmeetings, the same is referred to theappropriate office of the Department.

There have been 438 SEA casesprocessed since January. These casesinvolved 1,649 workers.

The successful resolution of SEA casesresulted in the facilitation of P7.6M in separationpay benefiting 452 workers.

In 2008, the Board processed 659 SEAcases, benefiting some 2,902 workers withP134.8M in separation pay, restitution and othermonetary benefits. (WEC)

REGIONAL NEWS

The Northern and Central Luzon Cluster(NORCEL) of the National Conciliation and MediationBoard (NORCEL), conducted a two-day live-in“Paralegal Training For Non-Lawyers on theAlternative Dispute Resolution System” at the ByThe Sea Beach Resort, National Highway, Barreto,Olongapo City on April 23-24, 2009.

The training was intended as a continuingeducation series, meant to effectively equip socialpartners in the relevant skills and tools in preventingand settling labor disputes and the need forimproved human and workplace relations.

Fifty-four representatives from organized andunorganized establishments coming from CAR,RCMB 2 and RCMB3 attended the seminar, whichalso drew 28 participants from the staff of thefour regional branches comprising the NORCELCluster.

To save on costs while delivering qualitydiscussions, the cluster’s Regional Directors andconciliator-mediators as well as senior officialsfrom the Central Office acted as resource personsduring the activity. These officials spoke on thefollowing topics:

1. RB1 OIC-Director Carmina D. Alonzo –The Global Financial Crisis and Its Impact on Labor

NORCEL CLUSTER CONDUCTSPARALEGAL TRAINING

By Rosanna C. Cruz

Relations

2. RB2 OIC-Director George R. Ridad –Principled Negotiations: Principles and Practices

3. RB3 Director Darrow P. Odsey –Communication as the Nexus of ConsensusBuilding and Human Relations; and TechnicalWriting and Style

4. CAR OIC-Director Brenda Rose C.Odsey – Preparation of Position Paper, Pleadings& Other Legal Documents

5. RB3 Con-Med Nelson N. Valerio –

In its effort to extend NCMB programs andservices to the provinces, RCMB CAR conductedfacilitation and monitoring activities in Abra, aprovince rarely visited by the Branch. Distanceand security concerns hinder the Branch toconsistently monitor LMCs and GMs in theprovinces, particularly Abra.

RCMB CAR Technical Staff composed of LeoIIIs Cris Pawingi and Maggie Balagtey and DOLEAbra Provincial Officer Emerito Narag jointlyvisited four big establishments in Bangued, Abraon May 27-29, 2009 to promote the WorkplaceCooperation and Partnership and WorkplaceDispute Prevention and Settlement programs ofthe Board.

The plant visit also allowed the staff tomonitor the LMC practices and workplace disputeresolution schemes of Abra Electric Cooperative(ABRECO), Abra Diocese Teachers andEmployees Cooperative (ADTEMCO), Divine WordCollege and Abra Valley College. Theseestablishments employ more than one hundredfifty workers, except for ADTEMCO whichemploys forty workers.

Separate consultations with Managementand workers’ representatives disclosed that

CAR CONDUCTS PLANT VISIT IN ABRACAR CONDUCTS PLANT VISIT IN ABRACAR CONDUCTS PLANT VISIT IN ABRACAR CONDUCTS PLANT VISIT IN ABRACAR CONDUCTS PLANT VISIT IN ABRABy Cresencia M. Pawingi

these establishments have grievanceprocedures appropriate to their organizationalstructure and dispute resolution needs. To makeit effective, Management incorporated thegrievance procedures in their employee manualsand code of ethics. Further, theseestablishments follow their procedures inaddressing grievances and concerns whichaffect the human and labor relations in thecompany.

ABRECO, ADTEMCO and Divine WordCollege were beneficiaries of LMC and GMorientation in 2007 and were subjected tomonitoring thereafter. These interventionspaved the way for the institutionalization of thegrievance machineries in these establishments.

The plant visit in Abra proved that there arecompanies that recognize the need to establisha workable procedure for settling grievances tolessen disputes in the workplace. Also, theseestablishments realize the need to strengthenemployee participation and to improve customerservices and workers’ satisfaction. Suffice it tosay that these establishments, though rarelyvisited, are able to establish and maintainprocedures and mechanisms to achieveoperational excellence.

REGIONAL NEWS

Effective Grievance Handling

6. RB3 Con-Med Maria Teresita L. Cancio– Public Speaking Essentials

7. TSSD Director OIC Antonio R. Villafuerte– Historical Background of the Philippine LaborRelations System

8. VAD Chief Kurt D. Romaquin – Updatesand Trends in Labor Relations and The EnhancedADR Program of the NCMB

RCMB 3 Staff provided administrative supportduring the activity. Ms. Minda Tungpalan of RCMBII and Ms Helen Flores of RBI took turns in hostingthe training.

The two-day activity ended with theawarding of certificates signed by ExecutiveDirector Reynaldo R. Ubaldo whose inspirationalmessage on the merits of ADR was relayed byOIC Director Antonio R. Villafuerte.

REGIONAL NEWS

April - June 2009 - NCMB Chronicle page 7

process that enables learning and development tooccur and, thus, improve performance.

A Coach will often solicit questions or requestto look at situations in a completely new way, inorder to change one’s perspective. Sometimesbeing able to see things differently – whether it isyour own situation or somebody else’s can makean incredible difference.

Coaching also teaches an individual how toinfluence other people. However, it bearsemphasis that we can only change ourselves,and that’s where the focus always stays: withinus and with the way we see, manage and resolvedifferent situations. In workplace situation, therelationship between employer and employee canonly be harmonious when the needs of both arerespected and reflected in the decision-makingprocess.

The basic tools in coaching are the following:asking effective questions, listening effectively,reading between the lines, providing clear goalsand objectives, constructing positive feedback andorganizing coach sessions.

The goal of COUNSELING is to minimize oreliminate any problem that interferes withworkforce morale, productivity, acceptance ofchange or harmony.

Counseling may come in, particularly on thepersonal and work-related problems, such as: poorperformance against objectives of work; poorrecord of controlling waste, equipment or cost;unsatisfactory attendance, disciplinary or safetyrecord; unsatisfactory inter-personal relations;desire for promotion, transfer and/or increasedcompensation; financial, domestic, legal, personalor family illness, and family attitude toward joband/or personal progress.

Some indications that an employee may havea serious problem, viz: exhibits marked reductionin interest or in work; unusually critical of oneselfor others; overly sensitive or defensive; ill-tempered; unusually quiet or reclusive; and fearsto appear for work or calls in sick with unduefrequency.

MENTORING is an off-line help by one personto another in making significant transitions relatingto knowledge, work or thinking. Thus, the HumanResource Managers act as Counselors whoprovide advice or directions on career paths anddevelopment opportunities to an individual and helphim learn the functions he never has done before.

A Human Resource Manager is a perfectmentor. He/She has the broader experience in thecompany and has the ability to assign an employeeto where he sees the latter fits.

CORRECTION. Techniques in implementingcorrective measures are the following: describethe situation in specific terms; allow the individualto explain his reasons for the situation; expressempathy but emphasize the need to take action;explain the rationale behind the action one musttake; and express confidence that the situationwill improve.

Ms. Gallego ended her presentation with thequote “you cannot teach a person anything, butyou can only help him find it within himself”.

REGIONAL NEWS

HOW COCOMECO WORKSfrom page 5

General Santos City — The RegionalConciliation and Mediation Branch 12 recentlyopened its satellite office here.

Located at the 2nd Floor of Bañas Building,Magsaysay Avenue corner Rosas Street,General Santos City, the NCMB SOCSKSARGENSatellite office is situated near the building thathouses the regional office of the Commission onElections (COMELEC 12).

RCMB 12 opened the satellite office to makeits services more accessible to the clients. It isobserved that most of RCMB 12’s clients arelocated in the area.

Thus, instead of going to the Regional Officeat Koronadal City, NCMB clients coming from thearea will spend less while economizing on traveltime in attending to their transactions with theoffice.

The extension office includes a training roomthat can accommodate as many as twenty-fiveparticipants.

RCMB 12 Officer-in-Charge FelicianoOrihuela, Jr. has assigned this writer to man theextension office, together with one technicalstaff, Lougelyn R. Guzman.

NCMB 12 OPENSSOCSKSARGEN EXTENSION

OFFICEBy Gerie D. Lampitco

The workers signed their quitclaim andreceived their financial assistance at the NCMBNCR office on June 30, 2009.

Conciliator-mediator Amorsolo V. Aglibutfacilitated the amicable settlement of the case.

Meanwhile, 234 workers of the Paul YuPhilippines Corporation which operates at theMactan Economic Zone, Lapu-lapu City,received their settlement package before RCMB7 representatives on July 15-17, 2009.

The workers and the company have beenembroiled in a labor dispute over reduction ofworkdays. The workers picketed the companyas a result and later sought the assistance ofRCMB 7 to settle the dispute.

The package includes payment ofseparation pay to each of the 234 workersconsisting of 13 days for every year of service,as well as additional financial assistance offive days per year of service.

The company likewise granted theworkers seed fund of P50,000 for livelihoodendeavors.

Conciliator-mediator Rosemarie Oxiniofacilitated settlement of the case.

Resolution of SENA cases . . .from page 1

The fourth one was held at the BetaniaRetreat House, Tagaytay City in 2003, while thefifth was conducted at Tagaytay InternationalConvention Center on May 12, 2005. The 6th

was held in Manila Southwoods Golf andCountry Club on April 18, 2007.

The STAR LMCAI was registered andapproved by the Securities ExchangeCommission (SEC) as Southern Tagalog RegionLabor Management Cooperation Association,Inc. (STAR LMCAI) on January 11, 2007.

from page 8

RCMB IV-A, STAR LMCAI . . .

In addition, the company agreed to pay eachof the workers an amount equivalent to one monthpay, and issued their employment certificates, inlieu of the 30- day notice.

The union filed its notice of strike docketedas NCMB-RBVII-NS-04-09-2009 last April 20,2009, alleging union busting and illegal lock-out.

E.G Cebu Manufacturing Incorporated, anexport-oriented company engaged in jewelryproduction, markets largely to Scandinaviancountries.

The facility currently employs 38 workers. Itis situated at Cebu Light Industries Park Basak,Lapu-lapu City.

LABOR CASE SETTLEDfrom page 1

NCMB Conducts LDMC ....

particularly in their work as conciliator-mediators.

Atty. Buenaventura C. Magsalin, formerNCMB Administrator, also came over to sharewith the participants tips on how to refocustheir role in dealing with the present economiccrisis. He said that they must exhaust all remediesto help prevent job losses. In case termination isinevitable, they can assist in negotiating forimprovement of workers’ benefits.

He further said that they can advise thelatter to avail of skills training offered by TESDAfor re-employment and to attend seminars onentrepreneurship for self-employment.

Former NLRC Chairman Atty. Benedicto R.Bitonio Jr. expounded on the topic “Creating JointValue from Differences and Conflicts”. Heenlightened the group with workshops andexercises which tested their negotiation/communication skills and conflict managementstyles, among others.

In his closing note, Exec. Dir. Ubaldoencouraged everyone not to become“driftwoods” but rather to come out of theircomfort zones and prove their worth, beingpeacemakers. Nonetheless, he advised themnot to hesitate to seek assistance, if needed, toensure efficient delivery of their functions.

from page 12

REGIONAL NEWS

page 8 April - June 2009 - NCMB Chronicle

The Supreme Court further clarified in theVivero Case that Policy Instruction No. 56 of theSecretary of Labor, dated 6 April 1993,“Clarifying the Jurisdiction between VoluntaryArbitrators and Labor Arbiters OverTermination Cases and Providing Guidelinesfor Referral of Said Cases Originally Filed withthe NLRC to the NCMB,” does not apply totermination cases absent any showing that thesame has been initially processed at the varioussteps of the plant-level grievance proceduresunder the parties’ collective bargainingagreements as contemplated in said PolicyInstruction.

The CA also cited the cases of Atlas Farms,Inc. vs. NLRC, 392 SCRA [2002] and Maneja vs.NLRC, 290 SCRA 603 [1998], citing SanyoPhilippines Workers Union-PSSLU vs.Canizares, 211 SCRA 361 [1992] where inessence the Supreme Court ruled that wherethe dispute is just in the interpretation,implementation or enforcement stage, it maybe referred to the grievance machineryestablished in the CBA, or brought to voluntaryarbitration. But, where there was alreadyactual termination, with alleged violation of theemployee’s rights, it is already cognizable bythe labor arbiter.

The Court of Appeals thus grantedmanagement’s petition to dismiss and SET ASIDEthe resolution by the arbitrator for lack ofjurisdiction.

The Conflict over . . .from page 2

RCMB IX, in coordination with theAssociation of Voluntary Arbitration (VA)Advocates sponsored a 2-day Orientationon Alternative Dispute Resolution (ADR) anda Lecture Forum on Social Benefits on March19 & 20, 2009 at the Marcian Garden Hotel,Governor Camins Avenue, Zamboanga City.

The lecture Forum on Social Benefitsincluded the WINAP program under DOLER0-9, SSS, Pag-IBIG Fund & PHILHEALTHprograms.

Some 87 participants attended theseminar. The pax came from 40 companiesand establishments in the Region brokendown as follows: 56 representingmanagement and 31 representing labor/worker sector. Mr. Jose J. Suan, NationalPresident of the Philippine Integrated LaborUnion graced the affair. Out of these 40companies, 12 were organized, 23 werenon-unionized and 5 are actively organizedas Association/Cooperative.

NCMB Exec. Director Reynaldo R. Ubaldo,

RCMB 9 conducts Training on ADRand a Lecture Forum on Social Benefits

was invited as Guest Speaker and ResourcePerson. He spoke on Alternative DisputeResolution (ADR). He also inducted into officethe new set of officers of the two associations,namely: Association of Voluntary ArbitrationAdvocates and the Western Mindanao LaborManagement Cooperation (WESMINLAMACOP)Practitioners.

The seminar was a resounding successas companies signified their interest to tapNCMB RB-IX for their Basic Orientation Course(BOC) on LMC and GM at plant level. As a matterof fact, a BOC was held for YL Fishing Companylast May 16, 2009. There were other companieswho signified their interest for a possible conductof BOC at plant site which the Board isconsidering for the second semester.

By Shirley M. Calletor

REGIONAL NEWS

Newly elected officers of the Association of VoluntaryArbitration Advocates (top) and the Western MindanaoLabor-Management Cooperation Practitioners(WESMINLAMACOP) (above) take their oath of officebefore Exec. Director Ubaldo. The oath-taking of the newsets of officers is a side event of the two-day orientationof ADR and lecture forum on social benefits. (Shirley M.Calletor)

RCMB IV-A and the Southern Tagalog RegionLabor Management Cooperation Association, Inc.(STAR LMCAI) joined hands to conduct the 7th

Regional Convention of LMCs at the BatangasProvincial Auditorium, Capitol Site, Batangas Cityon June 18, 2009 with the theme “BALIKATANSTAR LMCAI – NCMB: SAGOT SA GFC”.

This convention’s theme is deemedappropriate because of the adverse effects ofthe Global Financial Crisis (GFC) on the industrialsector, most common of which are jobdisplacement and closure.

The collaborative efforts of government, laborand management sectors are expected to alleviate

RCMB IV-A, STAR LMCAICONDUCT 7TH REGIONAL

LMC CONVENTIONBy Cora Fegi

the plight of workers and companies affected bythe crisis.

One of the highlights of the activity is thepresentation of three selected companies as theregion’s entries to the 2009 Search forOutstanding LMC Awards.

STAR LMCAI was created on 23 June 1997.It endeavors to develop an environment thatinspires people to realize their full potential guidedby common commitment to unity, service andjustice founded on personal integrity.

The group held its first LMC RegionalConvention on July 30, 1997 at the Taal VistaHotel in Tagaytay City.

Thereafter, the regional conventions wereheld every two years. The second conventionwas conducted on May 28, 1999 at the SanMiguel Training Center, Tagaytay City, followedby the third convention held at Island Cove in2001. continued on page 7

Executive Director Reynaldo Ubaldo emphasizes a point duringthe Orientation on Alternative Dispute Resolution organized byRCMB IX which was held at the Marcian Garden Hotel, Gover-nor Camins Avenue, Zamboanga City on March 19-20, 2009.The Orientation which attracted 87 participants from 40 compa-nies in Region IX also included a lecture forum on social ben-efits including WINAP, and SSS, PhilHealth and Pag-ibig Fundprograms. (Shirley M. Calletor)

REGIONAL NEWS

HEALTH

April - June 2009 - NCMB Chronicle page 9

The NCMB in coordination with Medserv, anHMO provider conducted a forum on hypertensionlast April 24, 2009.

The forum is part of the “Series of WellnessLecture”, an activity under the Gender andDevelopment (GAD) plan for 2009.

Dr. Rexie G. Flores, a Medserv physicianshared his expertise on the topic.

According to Dr. Flores, hypertension or highblood pressure is a condition when the pressureof the blood caused by the pumping of the heartgoes much beyond normal values or the bloodpressure is elevated more than 130/120. Ifuncontrolled, it causes damage to various organsin the body resulting to other diseases. The organsthat are usually affected are the brain, kidneys,eyes which lead to blindness and peripheral bloodvessels. If left untreated, the disease will progressand will eventually lead to death.

Dr. Flores emphasized that high bloodpressure kills. He said that it is the major riskfactor in cardiovascular diseases which causes64% of strokes and 49% of coronary heartdisease cases. It is also a crucial factor for kidneydiseases.

The human heart beat has two distinct phases– the systole when the heart is beating, and thediastole when the heart is at rest. During bothtimes, the heart exerts pressure on the blood, Dr.Flores explained.

High blood pressure occurs when bloodvolume increases or blood vessels constrict ornarrow, forcing the heart to work harder to supplyoxygen and nutrients to various organs in the body.

Factors leading to hypertension include:smoking, being overweight, lack of physicalactivity, too much salt in the diet, too much alcoholconsumption, stress, older age, genetics, familyhistory of high blood pressure, chronic kidneydisease, adrenal and thyroid disorders,” Dr. Floresexplained.

He said that hypertension is a silent killer. Inmost cases, hypertension produces no symptomsuntil dangerous complications occur. It can causean artery in the brain to burst, producing a stroke.High blood pressure also forces the heart to workharder, and so it may cause a heart attack. Thedisease can cause kidney failure by reducing theflow of blood to the kidneys. In addition, highblood pressure is a major cause of arteriosclerosis(hardening of the arteries), he further said.

Dr. Flores advised his audience to beproactive and be aware of the risks. Have yourBP checked regularly. Many causes of mildhypertension can be controlled by weightreduction, avoidance of salty foods and increasedexercise. Lifestyle modifications and medicationsare ways of treating high blood pressure, headded.

UNDERSTANDING HYPERTENSIONBy Marife E. Fausto

Executive Director Reynaldo R. Ubaldo alsoshared his experiences regarding the topic. Inhis closing remarks, he thanked Dr. Rexie G.Flores and Ms. Jovita G. Gollemas of Medservfor enlightening the NCMB Officials and staff ofthe risk and danger of hypertension and howone can avoid and handle the disease.

NCMB Central Office personnel listen attentively as Dr.Rexie G. Flores of Medserv explained the significanceof understanding hypertension and in safeguarding one’shealth.

The Department of Labor and Employmenthas issued Department Advisory No. 4, Series of2009, that provides guidelines on influenzaA(H1N1) prevention and control at the workplace.This guideline applies to all employers andworkers in the private sector.

The advisory requires employers to adoptprecautionary measures to protect their workersfrom the hazards of the disease.

Workers are also required to take extraprecautionary measures like strict hygiene andthe use of Personal Protective Equipment (PPEs).Employers shall see to it that these PPEs (e.g.appropriate respirators, N95 masks, gowns,gloves) are properly worn by the workers whileat work and disposed of accordingly after use.

Workers who need to take a leave to takecare of family members afflicted of Influenza A(H1N1), may use their annual leave for thispurpose. For workers who have used up theirannual vacation/sick leave credits, employerscould consider granting them leave of absencewithout pay.

Hospitalization Benefits

Public and private health workers infectedwith Influenza A (H1N1) may avail of P150,000.00medical insurance package. Other PhilHealthmembers and their dependents infected withInfluenza A (H1N1) may also avail of PhilHealthhospital benefits amounting to P75,000.00.

Social Security/Employee’s CompensationBenefits

A worker who contracts Influenza A (H1N1)in the performance of his/her work is entitled tosickness benefits under the Social SecuritySystem and employees’ compensation benefitsunder PD 626 (ECC law).

Assistance provided by the DOLE

The Occupational Safety and Health Center(OSHC), the Bureau of Working Conditions (BWC)and the Regional Offices, in collaboration withthe Department of Health, shall provide informationon Influenza A (H1N1), concerns; technicalassistance in the form of risk assessment, useof protective equipment, workplace improvementsto reduce the likelihood of infection andcontamination by materials possibly infected bythe virus; and capability-building of Influenza A(H1N1) focal persons in the workplace.

The Philippine Overseas EmploymentAdministration (POEA), Overseas WorkersWelfare Administration and International LaborAffairs Service (ILAS) shall ensure thatinformation on Influenza A (H1N1) prevention andcontrol are provided during pre-departureorientation seminars, by the labor attaches,welfare officers and the Filipino Associationsoverseas.

DOLE ISSUES ADVISORY ONAH1N1

By Arthur R. Audea

HEALTH

page 10 April - June 2009 - NCMB Chronicle

The Mindanao Cluster of theNational Conciliation and MediationBoard (NCMB), in coordination withthe Association of Voluntary Arbitrators(AVAs) Inc. Region XI conducted a two-day Mindanao-Wide GrievanceManagement Seminar on 16-17 April2009 at the Brokenshire Resort andConvention Center, Madapo, DavaoCity.

Two hundred twenty eightparticipants composed mainly ofunion officers, human resourcemanagers/heads, personnel andemployees of organized andunorganized companies as well asfaculty and staff in the academeattended the seminar.

The seminar aimed to update theparticipants on the latest developments inthe field of labor relations, particularly insuch areas as Administrative Investigation,Employees Discipline and GrievanceHandling, Alternative Dispute Resolution(ADR), Coaching, Counseling, Mentoring& Correcting (COCOMECO), Update onGlobal Financial Crisis (GFC), LatestJurisprudence on Labor Relations, andEmployees Benefits under EmployeesCompensation Law.

Ms. Rosamyrna T. Gallego, HRManager of C. Alcantara and Sons, Inc. saidthat effective skills in handling theCOCOMECO can make an enormouschange between positive and negativeoutcomes. A Human Resource Manager isa perfect mentor and thus, has the broaderexperience and the ability to assign anemployee to where he deems fit.

NCMB Executive Director Reynaldo R.Ubaldo, discussed Alternative DisputeResolution (ADR), and said that theexistence of conflict or dispute is a normalaspect in any relationship or organization.He said that the cost of failure to resolve, itsingredients and levels, and how to behavein such conflict or dispute are commonareas which normally are encountered inany relationship or organization.

Mr. Miguel S Herrera III of NationalEconomic and Development Authority(NEDA) – XI familiarized the participants on

Mindanao Cluster conductsFirst Mindanao-Wide Seminar

By Ada May D. Catan

REGIONAL NEWS

Participants pose for a souvenir photo during the Mindanao-wide Seminar on Grievance Management held atBrokenshire Resort and Convention Center, Madapo, Davao City on April 16-17, 2009. The seminar was organizedby the Mindanao Cluster of the NCMB, in coordination with the Accredited Voluntary Arbitrators, Inc. (AVAI-XI).Seventy-six participants from 22 companies in Region XI attended the seminar. – Junaliza S. Aragon (related storyon page 2)

NCMB Exec. Dir. IV Reynaldo R Ubaldo emphasizes a point(upper photo) while participants (inset) listen intently duringthe Mindanao-wide Grievance Management Seminar held atthe Brokenshire Resort and Convention Center, Madapo, DavaoCity in April 2009.

PAVA Updatefrom page 12

the Global Financial Crisis, saying that inthe prevailing global recession, thePhilippines is affected mainly in itsexports, imports, vehicle sales, Meralcosales, manufacturing and in theremittances of the Overseas FilipinoWorkers (OFWs).

He clarified that the government hasresponded to this crisis throughsustainable growth, creation of more jobs,protection of the vulnerable sectors,ensuring low and stable prices andenhanced competitiveness in preparationfor the global economic rebound.

re-tooled AVAs for the parties to choose from.As far as the parties’ refusal to submit theirdispute to VA, she explained that by serving anotice to arbitrate, the parties would becompelled to submit their case to the authorityof the VA and defiance thereto would forcethe arbitrator to resolve the case in favor ofthe party who acted in good faith.

Finally, concerning the inhibition of thevoluntary arbitrator, DED Cruz said that the casemay be referred back to the NCMB for it tofacilitate the selection of another voluntaryarbitrator based on the provisions in the CBA.In case of absence of a relevant provision inthe CBA, the parties can agree on a commonchoice. If the parties fail to agree, selection ofthe voluntary arbitrator can be done by theNCMB.

Present during the two-day activity werethe twelve (12) members of the PAVA Boardheaded by PAVA President Pat. Menzon, AVAsAlice Morada, Angel Ancheta, Delia Uy, VirginiaElbinias, Roberto Gastardo, Jose Lapak, ManuelMonzon, Nap Arenas, Jr., Alberto Solis, RickyRama Poca, Art Tan and Alfredo Olvida. Alsopresent were officers and staff from theNational Conciliation and Mediation Board(NCMB) headed by Deputy Executive DirectorElenita Cruz, RCMB-RB XI Director AdoricoDadivas, Con-Med Paciano Murro, VAD ChiefKurt Romaquin, Junice Osunero, Tess KinsyFulay, Nancy Lebiga, Sheila Acopio and AdaMay Catan.

The PAVA Board conducted its firstquarterly meeting and consultation in Cebu lastMarch 30-31, 2009. The third quarterly meetingwill be held in Dagupan City October 17-18,2009 while the fourth quarter meeting will be inManila on November 29-30, 2009.

REGIONAL NEWS

April - June 2009 - NCMB Chronicle page 11

REGIONAL NEWS REGIONAL NEWS

A local construction company has put itsfaith on NCMB personnel to facilitate theteambuilding sessions of its staff.

The Socor Construction Corporation (SCC)teamed up with NCMB for its teambuilding whichit called SOCOR Corporate Organizational &Relationship Enhancement (SCORE 2009).

Socor Construction Corp, which employssome 195 workers, is one of the country’sleading construction companies. Its servicesinclude civil work projects like roads, bridges,ports, drainage, buildings, earthworks and sitedevelopments. Its completed projects includethe Manila Skyway Rehabilitation Project andthe Mactan Airport Road ASEAN Summit RoadProjects.

Field personnel composed the first batchwhich attended the SCC teambuilding at theFranciscan Renewal Center, Tungkop,Minglanilla , Cebu last May 8-9, 2009. Officepersonnel composed the second batch whoattended the sessions at the Intosan Resort,Danao City on May 22-23, 2009.

NCMB staff facilitated the sessions of thetwo batches as they took turns in discussingtopics relevant to the activity.

Ms. Rene A. Sabornido, LEO III, gave theTeambuilding Overview and discussed HRprofiling: Self- conceptualization.

Ms. Gemma R. Poloyapoy, SR LEO,expounded on COMMUNICATION: ScoreNetworking. She followed this up with herlecture on Communications: Lessons from theGeese.

ConMed Hacelfeo T. Cuares also lecturedon the topics Leadership - Score Direction,Synergy-SCORE Formation and GroupDynamics.

SCORE 2009 included an outdoor sessionaptly named “SCORE 2009 – Metamorphosis”.The activities in the outdoor session wereNourishing SCORE - Breakfast Cook-Out,Breakfast Boodle Fight and Amazing SOCOR, aseven phase evolution development andenrichment challenge.

By Remus Caducoy

NCMB 7 SCOREs

General Santos City— What would be abetter way to serve our patrons than be re-invigorated first and be refreshed through team-building exercises.

The NCMB, true to its mandate of promotingindustrial peace by espousing the harmoniousrelationship of its clientele, conducted an activitywhich will first further enhance the relationshipof its Mindanao Cluster employees and therebybolster their enthusiasm to serve.

And so, on May 6, 7 and 8, 2009, NCMBpersonnel- Regional Directors, Conciliator-Mediators, Technical and Administrative staff—representing the regions of Mindanao namely,Region 9 Zamboanga City, Region 10 Cagayande Oro City, Region 11 Davao City, Region 12SOCCSKSARGEN and Region 13 CARAGA,travelled to and attended the “2009 Mindanao-Wide Human Resource Development Course”at Isla Parilla Resort, Alabel, SarangganiProvince. NCMB Region 12 hosted the event.

The venue served as the perfect place tounwind and to throw all cautions to the wind,when activity time comes. Central Officepersonnel, headed by Deputy Administrator

Johnson C. Cañete, and ably supported by hisstaff, Joel Rivera and Roni Marcelo, made theactivity a very memorable one. As DA Jon Cquipped, “today, this activity just showed howcohesive NCMB Mindanao Cluster is…Nobody isabsent!” Thus, when the smoke cleared,everybody was a winner—everyone wasdetoxified!...from stress…

For us host, nothing is more gratifying thanto send off every NCMB kapamilyas and kapusosand kapanatags, with a very wide grin ofsatisfaction from ear to ear. That washes-off allthe stress, the pressures, the agony, the fatigue,as well as those sleepless nights of endlesspreparation, hoping that everything will just comeout fine.

And it did.

NCMB 12 HOSTS MINDANAO CLUSTER TEAM-BUILDINGBy Gerie Lampitco

Officials and employees of RCMBs 9, 10, 11, 12 andCARAGA participate in the “2009 Mindanao-wide HumanResource Development Course” held at Isla ParillaResort, Alabel, Sarangani Province on May 6-8, 2009.The Course was facilitated by Dep. Executive DirectorIV Johnson G Cañete, assisted by Joselito O Riveraand Ronnie Marcelo. Left photo shows host RCMB 12employees showing their wares during one of thesessions. Below: participants from the four regionspose for a group photo.

Five personnel of this agency attended the1st Ehem! Aha! Visayas Convention at the CebuGrand Convention Centerlast March 27, 2009.

Dir Edmundo T. Mirasol, ConMeds Hacelfeo T.Cuares and Joseph M. Llanto, Senior LEO GemmaR. Poloyapoy and Adm. Assistant III Remus M.Caducoy, joined participants from other agenciesand various organizations from the public andprivate sectors from the Visayas region in theConvention.

Organized by the Office of the Ombudsman-Visayas in cooperation with the Philippine Provinceof the Society of Jesus with the theme “Kadasigsa Kaligdong” (Inspired in Integrity), the activity

NCMB RB 7 responds towar against corruption

By Remus Caducoy

aimed to draw the participants to a life of integrityand to declare war against corruption.

DOH Usec. David Lozada Jr. expounded onthe topic on The Art of Whistleblowing.Thereafter, Rev. Fr. Albert Alejo, SJ - Ehem TeamLeader talked on the New Challenges forEhemplo; Kadasig sa Kaligdong.

“We should have a deeper involvement incombating corruption since it is unquantifiable.There must be networking of small efforts to onedirection in fighting corruption,” said DeputyOmbudsman for the Visayas Pelagio S. Apostol,in his keynote speech.

Highlighting the activity was the launching

of the anti-corruption project dubbed as “Huli Ka!Operation” a joint project of the Office of theOmbudsman, the National Bureau of Investigationand the Philippine National Police. The Project isgeared towards aggressive entrapment in theregion that is expected to be a deterrent to acts ofcorruption in the government.

The campaign likewise forged partnershipwith the Philippine Information Agency and theEhem! Aha! Movement which will take charge ofthe capacity building, research and informationcampaign through its network.

page 12 April - June 2009 - 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. CAÑETEDep. Exec. Director ELENITA F. CRUZ

Project Directors

Director SHIRLEY M. PASCUALOIC Director ANTONIO R. VILLAFUERTE

Project Managers

MARIFE E. FAUSTOLayout

WILLIAM E. CALINAEditor

DIADEMA A. AGUIRREARTHUR R. AUDEA

JUNALIZA S. ARAGONPAMELA R. BABALCONCESAR D. CACAYURAN

Contributors

REMUS M. CADUCOYSHIRLEY M. CALLETORRENATO R. CANUTALADA MAY D. CATAN

DIR. ISIDRO L. CEPEDA

FELIXBERTO SAGUINSINLogo Design and Photography

ARTHUR R. AUDEAMARLON M. MACALLA

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., 860 Arcadia Bldg., Quezon Ave., Quezon City Philippines or thru e-mail at ncmbco@yahoo.comor ghiaddze@yahoo.com. All contributions are subject to the editing policies of the Editorial Board.

ROSANNA C. CRUZRICHIE DIMAILIG

MARIFE E. FAUSTOCORAZON M. FEGI

GERIE D. LAMPITCOJUNICE M. OSUNERO

GERALDINE P. ORIHUELACRESENCIA M. PAWINGI

DIADEMA A. AGUIRREJOSELITO O. RIVERA

Circulation

NCMB Conducts LDMC forits Corps of Industrial PeacemakersBy Geraldine P. Orihuela

“Like the eaglewhich changes itsfeathers and beak,I hope that we, too,after havingattained our visionof maintainingindustrial peace inthe country, shouldthink and refocusourselves.”

The challenge comesfrom Deputy ExecutiveDirector Johnson G.Cañete who formally opened the Labor DisputeManagement Course XIII held at Loreland FarmResort, Antipolo City on June 17-20, 2009.

The seminar-workshop is a continuingactivity of the Board to professionalize its Corpsof Conciliator-Mediators (Con-Meds), RegionalBranch Directors and Officers-in-Charge.

For this year, its main focus is to keep theparticipants abreast with the recent updatesbrought about by the global financial crisis andat the same time increase their enthusiasm in thedisposition and settlement of labor disputesamidst the crisis.

It also endeavours to enhance theircapabilities in managing disputes, being the veryfoundation for creating value within theorganization.

Director Dennis M. Arroyo of the NationalEconomic and Development Authority apprisedthe group on the economic recovery plans of thegovernment as well as the measures designedto cope with the Global Financial Crisis.

NLRC Executive Labor Arbiter GenerosoSantos updated the participants on the latest laborjurisprudence. He mentioned several citationswhich could serve as guide for the participants

continued on page 7

The Philippine Association on VoluntaryArbitration (PAVA) recently concluded its 2nd

Quarterly Board meeting, tri-media conference andconsultation with labor, management, academe andother stakeholders on July 3 (Tagum City) and July4, 2009 (Davao City).

Among the agenda items discussed duringthe Board meeting were: enforcement of VoluntaryArbitration (VA) decisions, jurisdiction of VA toinclude commercial arbitration, replacement ofAccredited Voluntary Arbitrator (AVA) AdoracionAvisado for health reason, update on NAVA andPAVA Foundation, update on PAVA, Inc. registrationwith the SEC and BIR, and status of policyinstruction regarding automatic referral of casesfiled with the NLRC by unionized establishmentsand unresolved POEA cases referred to NCMBfor voluntary arbitration.

The tri-media conference and consultationmeeting was attended by seventy (70)participants. Atty. Danilo Calico of the NationalFederation of Labor (NFL) and Mr. NapoleonTrillanes, Jr., Consultant and Trainor of PacateConstruction and Brokerage were invited to sharetheir experiences on the use of voluntary arbitrationin dispute resolution.

Among the issues and concerns raisedduring the open forum were the following:procedure in the selection of the voluntaryarbitrator, refusal of one party to submit a labordispute to voluntary arbitration, and inhibition of avoluntary arbitrator.

With regard to the selection of voluntaryarbitrator, Deputy Executive Director Elenita F. Cruzsaid that both NCMB and PAVA have the list of re-

PAVA UpdateBy Junice Osunero and Richie Dimailig

continued on page 10

Participants flash their smiles in this group photo taken after one of the sessions in the 13th LaborDispute Management Course held at Loreland Farm Resort, Antipolo City on 18-20 June 2009. At thecenter (in dark green polo) is former NCMB Administrator Buenaventura C. Magsalin. To his right, inwhite barong, is former NLRC Chairman Benedicto Ernesto R. Bitonio, Jr.

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