Capitol Med, union settle
differences, sign new CBA
The notice of strike filed by the Capitol Medical Center
Employees Association- AFW against Capitol Medical Center has
been settled, NCMB OIC Shirley M. Pascual announced today.
Pascual, citing a report from RCMB-National Capitol Region
Director Edgar G. Aquino, said the parties agreed to close
negotiations for their Collective Bargaining Agreement on 27
May 2014 following the successful conciliation efforts of
RCMB-NCR.
The union filed a notice of strike against the company on 4
April 2014, on account of bargaining deadlock on issues of
union security, salary increase, hazard or special pay,
compensatory day-off, emergency medical and dental services,
hospitalization services, vacation, sick leave, other leaves,
bereavement assistance, and retirement benefits.
The parties agreed to settle after a series of conciliationmediation conferences. The company agreed to grant monetary
benefits amounting to P 3.1 M to 79 covered workers. The
agreement provided among others: 1) Union leave of 21 days; 2)
Salary adjustment of P400/ month, 2011-2014; 3) Dental
benefits; 4) Bereavement assistance of P5,000; and 5) Signing
Bonus of P2,000 per covered employee.
They will formally sign their CBA on 18 June 2014.
The CBA retroacts to June 20, 2011 and will be valid until
June 19, 2016 for the representation aspect. Economic and noneconomic provisions, meanwhile, shall be valid from June 20,
2011 to June 19, 2014.
“The agreement is sort of a breakthrough for both parties,
considering their history of protracted legal battle over
representation issues which have been marked by actual strikes
and, in some instances, assumption of their dispute by the
Labor Secretary,” Aquino, who assisted the parties with the
help of Conciliator-Mediator Amorsolo V. Aglibut, said.
Pascual commended the joint efforts of Aglibut and Aquino in
facilitating the agreement and ensuring that industrial peace
continues to reign in one of the biggest hospitals in Metro
Manila. – LIO Renato Canutal
GSMI – Sta. Barbara Plant
locks deal with unions in
swift CBA negotiations
Swift and smooth sailing.
This is how RCMB 1 Director Lourdes P. Estioco describes the
CBA negotiations between Ginebra San Miguel Inc. on the one
hand, and its two unions, on the other.
In her report to NCMB Executive Director Reynaldo R. Ubaldo,
Estioco said the Ginebra San Miguel, Incorporated – Sta.
Barbara Plant and its monthlies and dailies unions forged the
separate agreements in just two days.
“To be exact, negotiations were completed in only four and a
half hours – three and a half hours with the monthlies union
and one hour with the dailies union,” Estioco further said.
“What is so significant is the fact that the parties completed
the negotiations without third-party intervention,” she added.
“Quite an achievement for a company that has a history of
instability in its labor-management relations.”
She said management representatives and their union
counterparts met on February 25-26, 2014 for the abbreviated
CBA negotiations. Plant Manager Saturnino G. Pajarillo,
Logistics Manager Noel T. Callanta and HR Manager Digna M.
Calaunan comprised the Management Panel. Rogelio V. Visperas
headed the monthlies union panel while Oscar P. Domantay led
the panel for the dailies union.
Pajarillo said that negotiations was smooth from start to
finish. He attributed this to the company’s policy of
transparency where details about efficiency, production costs,
quality parameters, sales volume, and other information about
the status of the plant are regularly shared to the employees.
“We believe that if the workers understand the business, there
won’t be any friction on the negotiating table,” he said.
“Our company values guided us during the negotiations. Our
seven core values, which we have been cultivating through the
years, were evident during the setting of the ground rules and
during the presentation and justification s of proposals.
Never had we heard a tone higher than the clicking of teaspoon
against a coffee mug during the two negotiations,” HR Manager
Calaunan proudly remarked.
“We have high regard to our unions’ maturity. After the strike
in 2003, both broke off from their federations, preferring to
be independent unions since they were confident that they
could always refer their issues and concerns to NCMB. Through
the NCMB seminars they have attended, our union officers
gained better understanding about labor relations,
strengthened their leadership capabilities and became equipped
with tools on conflict management. So every time an invitation
arrives from NCMB, management does not have second thoughts in
sending and spending for them together with our department
heads,” Calaunan further said.
The two unions agree on one thing crucial to this achievement:
trust. However, they point out that it is something built not
overnight but over time. “We had our share of both good and
bad experiences. At the end of the day, we do not have anyone
to lean on but each other,” they said.
Aside from the usual worker benefits found in most CBAs,
perhaps a unique portion of GSMI’s agreement is the inclusion
of each worker’s duty meal subsidy of P40.00/day into their
basic rate. This will eventually affect the computation of
their current benefits (leave commutations, overtime, loan
capacity, etc.) as well as the computation of their retirement
pay in the coming years.
Unlike other unions whose salary increases are negotiated, the
parties have unanimously agreed to implement a performancebased system in determining the increment in one’s basic rate.
Thirty five employees – 25 monthlies and 10 dailies – stand to
benefit from the agreements made.
GSMI – Sta. Barbara Plant is looking forward to swifter and
more purposive negotiations in the future by continuously
engaging the employees in the decision-making. The company is
banking on the assistance of NCMB in guiding the union
officers towards becoming strategic leaders so they could
prepare for future challenges. “We want our leaders to live
for tomorrow, not just for today,” said Pajarillo.
“We will continue to challenge the status quo, search for ways
to provide better alternatives for the Union without
sacrificing the essentials of life. Three years is a long way
to go for the unions. For future negotiations, we will ensure
that it gets better every cycle,” the unions said.
Ubaldo praised the parties for their maturity that led to the
quick conclusion of their negotiations. “This is a reflection
of their dedication to industrial peace and harmony,” he
added.
GSMI – Sta. Barbara Plant and its two unions, the La Tondeña
Distillers, Incorporated Workers’ Union-Sta. Barbara Plant
Monthly Paid Independent Union and the Daily Paid Employees,
formally inked their new CBA on March 10, 2014 in the presence
of RCMB1 Director Lourdes P. Estioco.
Ginebra San Miguel, Inc. (GSMI), incorporated in 1987, is
engaged in manufacturing and distribution of alcoholic and
non-alcoholic beverages. Most of GSMI’s revenues are from
liquor products. The company’s branded liquors include Ginebra
San Miguel (GSM), Gran Matador Brandy, Tondeña Premium Rum,
and for the younger market, GSM Blue. GSMI operates three
liquor plants in Mandaue City, Cebu; Sta. Barbara, Pangasinan;
and Cabuyao, Laguna. – Lester Panem, LIO designate
Bus drivers leave wheels with
hearty checks
Region 1 – Three employees from two different bus companies
were able to reap the benefits of their labor, leaving their
respective driver’s seats after more than a decade of working
on the road.
Greg Clarrete and Alfredo De Vera, natives of Pangasinan, are
both 14-year drivers for Five Star Bus Company, a unionized
establishment located at Quezon City. Alfredo Garcia of
Pasuquin, Ilocos Norte was also employed for 15 years as a
driver for Fariñas Trans, Incorporated whose head office is
situated in Laoag City.
Clarrete and De Vera filed their requests for assistance (RFA)
on February 17, 2014. They said that they were yet to receive
their retirement benefits. Clarrete also had additional
reimbursements for expenses related to an accident.
Collecting their claim from management did not come easy,
however. Being required to sign a quitclaim form before the
issuance of their checks, they feared that they might not be
able to avail of the other retirement benefits due to them as
union members as stipulated in their CBA. They soon decided to
file their RFAs.
The two drivers met with Five Star Bus Company a week later at
the NCMB Regional Branch 1 before ConMed Helena R. Flores.
Their fear vanished after management assured them that they
would receive their benefits as stated in the CBA. On February
28, 2014, computations of their monetary benefits and
reimbursement were presented by management. Clarrete and De
Vera gladly accepted the computation.
The company released their checks on March 6, 2014 at DOLEDagupan Field Office, Dagupan City. Clarrete was paid P122,
206.70 and another check amounting to P50, 000.00 for
reimbursement of his accident-related expenses. De Vera went
home with P87,000.00.
On the other hand, Alfredo Garcia filed his request on
February 13, 2014. It was actually his and Fariñas Trans’
mutual interest to bring the matter to NCMB. Both wanted that
the release and receipt of the check be witnessed by an NCMB
representative.
On the same day, Garcia received a check of P45,000 from
Fariñas management. Garcia retired from the company in April
2013.
SENA is a reform program which seeks to de-judicialize the
labor dispute settlement system by instituting a mandatory 30day conciliation-mediation of labor disputes.
Under the program, complaints are processed with conciliationmediation as the initial step. If the complaint is not settled
within thirty days, the same is elevated or referred to the
appropriate office of the Department.
Thru SENA, mechanic receives
backpay after waiting seven
months
A mechanic received his pro-rated 13th month pay following
successful efforts of the Regional Conciliation-Mediation
Branch – NCR to resolve his complaint, NCMB Executive Director
Reynaldo R. Ubaldo said today.
Ubaldo said the complaint for non-payment of 13th month pay of
Amado C. Tobrador was settled in just two meetings and eleven
days since the complaint was filed on December 9, 2013.
Conciliator-Mediator Cynthia S. Foncardas, who handled
request for assistance, found that the company has
released Amado’s 13th month pay until the time he filed
complaint, or seven months since he left the company in
2013.
the
not
his
May
Amado worked with the company for eight years until his
resignation.
In the second conciliation meeting on December 20, 2013, the
parties agreed to the amount of P10,421.25 as full and
complete settlement of the complainant’s claims.
“The amount represents Amado’s pro-rated 13th month pay,”
Ubaldo said. Amado profusely thanked the NCMB and conciliator
Foncardas for her assistance.
The SENA Program is an alternative dispute resolution
mechanism that seeks to de-judicialize the labor dispute
settlement system through a 30-day mandatory conciliationmediation of all labor cases.
“Through the SENA, Mr. Amado’s complaint was resolved at the
fastest time possible, and with the least cost,” Ubaldo said.
He added that the complainant did not have to resort to
litigation or hire a lawyer to push for his claims, saving him
precious resources in terms of time and money. – Gillian Pearl
L. Guerrero
Confusion over CBA renewal
date
cleared
through
preventive mediation
The labor relations situation at Soft Touch Development
Corporation returned to status quo following successful
conciliation-mediation efforts of RCMB-National Capital
Region, NCMB Executive Director Reynaldo R. Ubaldo announced
today.
The stable labor relations in the company suffered a setback
when Soft Touch Development Corporation Employees Union filed
a preventive mediation case on February 16, 2014 alleging
management of unfair labor practice, particularly refusal to
bargain, claims for tax refund, and overtime pay.
In the initial conciliation meeting on March 4, 2014,
management refuted the allegations, saying the union submitted
its proposal prematurely.
“The existing CBA states that the agreement between the
parties is operative until March 2014,” Ubaldo said, citing
reports from handling conciliator Edgar G. Aquino.
“However, owing to a typographical error which both parties
acknowledged during the meeting, and after careful scrutiny of
the CBA, both parties affirmed that the intended effectivity
of the CBA is until March 2015. Both parties thus agreed to
commence negotiations by that time,” Ubaldo said further.
The two other issues on tax refund and overtime pay will be
discussed at the plant level.
“It appears that the two parties just needed a venue to calmly
discuss the issues,” Ubaldo said. “The NCMB, through its
conciliation-mediation services, provided that setting for the
parties to amicably settle.”
As part of the settlement of the preventive mediation case,
NCMB NCR will assist the company in the operationalization of
their labor management council (LMC) and grievance machinery.
Soft Touch Development Corporation is a pasta manufacturer
located at 1 Malinis St., Lawang Bato, Valenzuela City. It has
60 employees.
The union is the sole and exclusive bargaining agent of the 42
rank and file employees of the company.
RCMB 7 settles NS case at
Bogo Medellin Milling
Cebu City – The Regional Conciliation and Mediation Branch 7
has successfully settled the labor dispute between BogoMedellin Milling Corporation and its union, the Bogo-Medellin
Milling Co., Inc. Employees Union, NCMB Executive Director
Reynaldo R. Ubaldo announced today.
Citing a report from RCMB 7 Director Edmundo T. Mirasol,
Ubaldo said the parties agreed to settle in the final
conciliation conference on March 12, 2014, effectively
eliminating the threat of a strike and assuring the company
continuing industrial peace and harmony.
The union, an affiliate of
filed a notice of strike
management of unfair labor
bargain and contracting out
union members.
the Associated labor Union-TUCP,
on December 5, 2013 alleging
practice particularly refusal to
of services normally performed by
“The allegation of refusal to bargain stemmed from the
inability of management to respond to the union’s CBA proposal
for another five years which the union submitted in August
2013,” handling conciliator-mediator Gemma R. Poloyapoy said.
The CBA expired on September 20, 2013. Management, however,
contended that it never refused to negotiate with the union,
even assuring the union to discuss the issue after a thorough
study.
The issue of refusal to bargain was laid to rest on December
17, 2013 when the parties manifested to negotiate from January
2, 2014 onwards.
In their subsequent negotiation meetings, they agreed to
tackle the issue of contracting out of services/functions
which affects chainmen and crane operators.
Ubaldo commended con-med Poloyapoy for her efforts in
facilitating settlement, saying “The prompt resolution of the
dispute prevented another strike that could have caused untold
losses in terms of mandays lost, unpaid salaries, and lost
opportunities, besides the erosion of goodwill between the
company and the union, and between the company and its
customers.”
Bogo-Medellin Milling Co. is engaged in sugar milling. It is
located in Luy-a, Medellin, Cebu. It has approximately 300
employees.
The union represents for collective bargaining purposes the
employees in the bargaining unit. It has 207 members.
RCMB-XI settles dispute at
LBC Express SEM Inc.
National Conciliation and Mediation Board Executive Director
IV Reynaldo R. Ubaldo announced today the settlement of the
labor dispute at LBC Express SEM Inc., in Davao City.
Citing a report from Regional Conciliation and Mediation
Branch XI Officer-in-Charge Paciano L. Murro Jr, Ubaldo said
the parties mutually agreed to settle on March 3, 2014, just
three days after the union filed a preventive mediation case
on February 28, 2014.
The union has alleged management of not releasing the union
dues of 121 employees to the union. In the first and only
conciliation-mediation meeting on March 3, 2014, the parties
agreed to settle after the management consented to remit the
union dues upon submission by the union of a board resolution
to the accounting section of the company.
Ubaldo commended conciliator-mediator Ma. Theresa M. Francisco
for her focused and pro-active effort in facilitating the
settlement of the disputes.
“The early resolution of the case eliminated the threat of a
strike and assured the company of continuing peace and
stability,” Ubaldo said.
The LBC Davao Employees Union (Independent) is headed by Mr.
Butch A. Gajudo, union president. It has 121 members.
The company, located at CM Recto Avenue, Davao City, is
engaged in the business of express courier and money
remittance with 100 branches nationwide and over 1,000
branches worldwide. It employs more or less 130 employees and
is headed by Mr. Cesar Atibagos, Vice President for Mindanao.
NCMB settles dispute in Davao
Central Chemical Corporation
in 13 days
In only 13 days, the National Conciliation and Mediation Board
(NCMB) was able to bring the disputing parties at Davao
Central Chemical Corp. to an agreement that settled their
dispute and ended the threat of a strike in the company.
NCMB Executive Director Reynaldo R. Ubaldo, citing a report
from RCMB- XI Officer-in charge Paciano L. Murro, Jr., said
that RCMB – Davao settled the dispute amicably and speedily
through conciliation and mediation on March 4, 2014.
Davao Central Chemical Corporation Independent Union filed a
preventive mediation case against the company on account of
unfair labor practice on February 17, 2014, Ubaldo said.
Officer-in-charge Murro immediately called the parties to an
initial conciliation-mediation meeting on February 19, 2014 to
help them find an acceptable solution to their problem.
On March 4, 2014 the parties agreed to address the issue on
replacement as follows:
1. Four remaining applicants/dependents of retirees will
report on March 5, 2014;
2. Management to hire one dependent of Messr. Awa-aw, a
retired union member;
The other two vacant slots shall be selected under
management’s prerogative, although, union has recommended
dependents of Messrs. Bagnol and Arabella, but subject to
management’s consideration.
Ubaldo commended RCMB- XI Officer-in- Charge Paciano L. Murro
Jr. for facilitating the settlement of the dispute in just 13
days from its filing.
“Both parties’ responsiveness to NCMB’s mediation-conciliation
efforts demonstrates the efficacy of the DOLE’s reform
initiatives in pursuit of the 22-point agenda of President
Benigno S. Aquino III to reinvigorate labor and employment
through fair and speedy resolution of labor cases, and to
strengthen productivity and industrial peace,” Ubaldo said.
“Since 2010, the DOLE has laid down institutional reforms in
labor law compliance, dispute prevention, settlement, and case
disposition that have been very successful. It continues to
fine-tune these reforms to attain inclusive labor justice and
to promote industrial peace that contributes to an economic
environment conducive to investments.”
The Davao Central Chemical Corporation is engaged in
manufacturing and exporting activated carbon. It is located at
Km. 19, Tibungco, Davao City. It employs 156 employees and is
headed by Mr. Motoya Mori, president.
Davao Central Chemical Corporation independent Union – NAFLUKMU, headed by Mr. Melgazar L. Apostol, union president,
represents 29 union members of the company for collective
bargaining purposes.
NCMB Settles Dispute at Jose
Daigdigan Farm
National Conciliation and Mediation Board Executive Director
Reynaldo R. Ubaldo announced today the settlement of the labor
dispute involving Jose Daigdigan Farm and its union.
Citing a report from RCMB- XI OIC Paciano L. Murro, Jr.,
Ubaldo said the company and its union, the Jose Daigdigan Farm
Labor Union – ADLO-KMU agreed to settle on February 3, 2014,
following the successful conciliation efforts of ConciliatorMediator Ma. Theresa M. Francisco.
Jose Daigdigan Farm Labor Union, an affiliate of the ADLO –
KMU, filed a notice of strike against the company on January
28, 2014, on account of unfair labor practice, specifically,
union busting, illegal dismissal, and money claims for
underpayment of wages, 13th month pay, holiday pay, and
overtime.
The parties agreed to settle after only two (2) conciliationmediation conferences. The company agreed to grant monetary
benefits amounting to P 870,510.00 to twelve affected workers
representing the following:
1) Underpayment of wages, 13th month pay and holiday pay
covering the 3-year period – P360,000.00
2) Separation package 510,510.00
The payment of said benefits were released to the workers on
08 February 2014. Likewise, the parties agreed to discuss
further at the plant level the issue on money claims of the
remaining thirty-four affected workers.
Part of the agreement include the conduct of a one-day seminar
on NCMB programs at the plantation site on February 10, 2014.
The parties also agreed to refrain from committing any
retaliatory measures against each other that may aggravate the
situation. Moreover, the union agreed to remove any existing
protest paraphernalia upon signing of the Agreement.
Ubaldo commended the efforts of conciliator-mediator Ma.
Theresa M. Francisco in facilitating the agreement.
“The resolution of the dispute is mutually acceptable and
beneficial to both parties.” Ubaldo said. “The threat of
strike was effectively eliminated, assuring the company of
continuing industrial peace,” he added.
Jose Daigdigan Farm, located at Feeder Road 2, Sto. Tomas,
Davao Del Norte is engaged in banana plantation. It has about
52 employees and is represented by Mr. Porferio Cutab,
president.- reporting by Diadema A. Aguirre