THE NATIONAL CONCILIATION

AND MEDIATION BOARD

(NCMB)

Was created pursuant to E.O. No. 126 (January 30, 1987) as

amended by E.O. No. 251 (July 25, 1987)
 NCMB

• Is an agency attached under the administrative

supervision of the Secretary of Labor and
Employment

• It is headed by an Administrator and two Deputy

Administrators
 CONCILIATOR-MEDIATOR

• Refers to an officer of the NCMB whose principal

function is to assist in the settlement and
disposition of labor-management disputes
through conciliation and preventive mediation,
including the promotion and encouragement of
voluntary approaches to labor disputes
prevention and settlement.
 Nature of Proceedings

NCMB is NOT a Quasi-Judicial Agency

According to 2009 case of Tabigue v.

International Copra Export Corporation,
based on the following functions of the NCMB, it
cannot be considered a quasi-judicial agency:
 FUNCTIONS

• Formulate policies, programs, standards,

procedures, manuals of operation and guidelines
pertaining to effective mediation and
conciliation of labor disputes;

• Perform preventive mediation and conciliation

functions;
 FUNCTIONS

• Coordinate and maintain linkages with other sectors or

institutions, and other government authorities concerned
with matters relative to the prevention and settlement of
labor disputes;

• Formulate policies, plans, programs, standards, procedures,

manuals of operation and guidelines pertaining to the
promotion of cooperative and non-adversarial schemes,
grievance handling, voluntary arbitration and other
voluntary modes of dispute settlement;
 FUNCTIONS

• Administer the voluntary arbitration program;

maintain/update a list of voluntary arbitrations;
compile arbitration awards and decisions;

• Provide counseling and preventive mediation

assistance particularly in the administration of
collective agreements;
 FUNCTIONS

• Monitor and exercise technical supervision over

the Board programs being implemented in the
regional offices; and

• Perform such other functions as may be

provided by law or assigned by the Minister.
NOT BEING A QUASI-JUDICIAL AGENCY,
NCMB’S RULE CANNOT BE ELEVATED
TO, AND COGNIZABLE BY, THE COURT
OF APPEALS
 JURISDICTION

• NCMB has jurisdiction over conciliation,

mediation, and voluntary arbitration cases.

• It performs preventive mediation and

conciliation functions.
 JURISDICTION

• It administers the voluntary arbitration

program; maintains/updates a list of voluntary
arbitrators; compiles arbitration awards and
decisions; and

• Provides counseling and preventive mediation

assistance particularly in the administration of
collective agreements.
 CONCILIATION v. MEDIATION

Jurisdiction over Conciliation, Mediation

and Voluntary Arbitration cases

- Originally, conciliation, mediation and voluntary

arbitration functions are vested with the Bureau
of Labor Relations. These functions, however,
were all absorbed by the NCMB under the law
which created it.
 Distinction between Conciliation and
Mediation

• Originally, there are no marked distinctions

between conciliation and mediation.

Reason: In both cases, a neutral third party

(conciliator or mediator) is tasked to assist two
or more opposing parties in finding appropriate
resolution to a dispute.
In other jurisdictions, the principal distinction
between conciliation and mediation lies on the
extent of the power and authority granted to the
neutral third party.
 CONCILIATION
• The Conciliator is given more
power and authority in that he may
not only offer an opinion on the
issues at hand but may actually
make a binding opinion thereon
provided the parties stipulate in
advance to this effect.
• Conciliator’s opinion is based on
the facts and the law involved in the
controversy before him.
MEDIATION
• The Mediator normally facilitates a
deliberation or discussion of the
issues between the parties.
• Mediator may or may not offer any
opinions on the strength and
weaknesses of each party’s positions
and arguments.
• Mediation may be classified into
two, namely:
1. Facilitative Mediation where
the Mediator does not make or
offer any opinion; or
2. Evaluative Mediation where
the Mediator offers an opinion
which is not binding on the
parties
 PRIVILEGED NATURE OF THE
INFORMATION IN CONCILIATION AND
MEDIATION PROCEEDINGS

• Any information and statements made at

conciliation proceedings should be treated as a
privileged communication and thus may not be
used as an evidence in any proceedings.

• Inadmissible as evidence.
 PRIVILEGED NATURE OF THE
INFORMATION IN CONCILIATION AND
MEDIATION PROCEEDINGS

• Conciliators and similar officers are not allowed

to testify in any court or body regarding any
matters taken up at conciliation proceedings
conducted by them.
Note: The privileged nature of the
communication applies NOT ONLY in cases of
conciliation and mediation proceedings before
the BLR, it Med-Arbiters or any of its hearing
officers but also in similar proceedings
conducted by other labor officials, such as
Conciliators-Mediatorsof the NCMB as well as
the Labor Arbiters and the Commissioners of the
NLRC.
 Who may file a request for Preventive Mediation, Notice of
Strike or Lockout?
Rule IV, Section 3 of the Revised National Conciliation and Mediation Board Manual of Procedures for Conciliation and Preventive
Mediation Cases 2017 Edition

a. The president or any authorized representative of a certified or

duly recognized bargaining representative in cases of bargaining
deadlocks and unfair labor practices.

b. In the absence of a certified or duly recognized bargaining

representative, the president or any authorized representative of a
legitimate labor organization in the establishment on grounds of
unfair labor practice.

c. The employer or any authorized representative in cases of

bargaining deadlocks and unfair labor practices.
 Where to file?
Rule IV, Section 4 of the Revised National Conciliation and Mediation Board Manual of Procedures
for Conciliation and Preventive Mediation Cases 2017 Edition

A request for preventive mediation, notice of

strike or lockout shall be filed through personal
service or by registered mail/private couriers
with the Regional Branch of the NCMB
having jurisdiction over the workplace of
the union members; or
 Where to file?

• Where two or more Regional branches have

jurisdiction over the workplace, the Branch
that shall have first received the notice
shall acquire jurisdiction over the dispute to the
exclusion of the other(s);

• By written agreement of both parties, the

venue of the dispute shall be deemed waived;
 Where to file?

• A notice must be served to the NCMB-DOLE at least

24 hours prior to the taking of the strike or lockout
vote, and the date, place and time thereof

Purposes:
a. To inform the NCMB of the intent of the union to conduct a strike vote;
b. To give the NCMB ample time to decide on WON there is a need to
supervise the conduct of the strike vote to prevent any act of violence or
irregularities attendant thereto; and
c. Should the NCMB decide, motu proprio or upon request of any interested
party including the employer to supervise the strike vote, to give it ample
time to prepare for the deployment of the requisite personnel including
peace officers
 Procedural Requisites:

1. A strike must be based on a valid and factual

ground: a strike or lockout must be based on
either:
a. Collective Bargaining Deadlock; or
b. Unfair Labor Practice
2. A notice of strike or lockout must be filed with NCMB-
DOLE:
a. At least 30 days from the intended date thereof, if the
issues involved arose from a collective bargaining
deadlock; or
b. At least 15 days from the intended date, if the issues
raised are in the nature of unfair labor practice

3. A strike vote must be taken where a majority vote of the

members of the union must approve it, obtained by a secret
ballot in a meeting duly called for the purpose; or a lockout
vote must be taken where a majority vote of the members of
the BOD of a corporation or association or partners in a
partnership, must approve it, obtained by secret ballot in a
meeting duly called for the purpose;
4. A strike or lockout vote report should be
submitted to the NCMB-DOLE at least 7
days before the intended date of strike or
lockout; subject to the cooling off period
Cooling off period:
a. For bargaining deadlock – 30 days
b. For unfair labor practice – 15 days

However, in case of unfair labor practice involving the dismissal from

employment of union officers duly elected in accordance with the
Union constitution and by-laws, which may constitute union-busting
where the existence of the union is threatened, the 15 day cooling-off
period shall not apply and the union may take action immediately after the
strike vote is conducted and the results thereof submitted to the Regional
Branch of The Board, subject to the 7-day strike ban period.
5. Except in cases of union busting, cooling off
period prescribed by law should be fully
observed; and

6. The 7 day waiting period or strike ban

after submission of strike or lockout vote to the
NCMB-DOLE should be fully observed in ALL
cases including union busting