Labor Disputes
“Labor Disputes” includes any controversy or matter concerning terms or conditions of employment or the association or representation of persons in negotiating, fixing, maintaining, changing or arranging the terms and d conditions of employment, regardless or whether the disputants stand in the proximate relation of employer and employee. (Art. 212)
Remedies in Labor Disputes
A. Grievance Procedure—in-house adjustment of complaint, problem, or dispute following the steps prescribed in CBA or company policy.
B. Conciliation (literally means “to draw together”) – a process where a disinterested third party meets with management and labor, at their request or otherwise, during a labor dispute or in collective bargaining conferences, and, by cooling tempers, aids in reaching an agreement.
C. Mediation (literally means “to be in the middle”) – a third party studies each side of the dispute then makes proposal for the disputants to consider. But a mediator, like a conciliator, cannot render an award or render a decision; they do not adjudicate. Conciliation and mediation, usually combined, are done primarily by “Conciliators-Mediators” of the National Conciliation and Mediation Board.
D. Enforcement or compliance order – an act of the Secretary of Labor (through Regional Director or the representative) in the exercise of his visitorial or administrative authority to enforce labor laws, policies, plans, or programs, or rules and regulations (Art. 128).
E. Certification of bargaining representatives – determination of which contending unions shall represent employees in collective bargaining. This is handling by “Med-Arbiters” of DOLE Regional Offices after certification of consent elections.
F. Arbitration – the submission of a dispute to an impartial person for determination on the basis of evidence and arguments of the parties. Arbitration, unlike conciliation or mediation, is adjudication and the arbitrator’s decision or award is enforceable upon the disputants.
Remedies in Labor Disputes
A. Grievance Procedure—in-house adjustment of complaint, problem, or dispute following the steps prescribed in CBA or company policy.
B. Conciliation (literally means “to draw together”) – a process where a disinterested third party meets with management and labor, at their request or otherwise, during a labor dispute or in collective bargaining conferences, and, by cooling tempers, aids in reaching an agreement.
C. Mediation (literally means “to be in the middle”) – a third party studies each side of the dispute then makes proposal for the disputants to consider. But a mediator, like a conciliator, cannot render an award or render a decision; they do not adjudicate. Conciliation and mediation, usually combined, are done primarily by “Conciliators-Mediators” of the National Conciliation and Mediation Board.
D. Enforcement or compliance order – an act of the Secretary of Labor (through Regional Director or the representative) in the exercise of his visitorial or administrative authority to enforce labor laws, policies, plans, or programs, or rules and regulations (Art. 128).
E. Certification of bargaining representatives – determination of which contending unions shall represent employees in collective bargaining. This is handling by “Med-Arbiters” of DOLE Regional Offices after certification of consent elections.
F. Arbitration – the submission of a dispute to an impartial person for determination on the basis of evidence and arguments of the parties. Arbitration, unlike conciliation or mediation, is adjudication and the arbitrator’s decision or award is enforceable upon the disputants.